HomeMy WebLinkAboutWQ0040082_Regional Office Historical File Pre 2018Water Resources
June 19, 2018.
David Howey, Manager
Rufus Road Partners, LLC
11220 Elm Lane, Suite 200
Charlotte, NC 28277
MICHAEL S. REGAN
Secretary
LINDA CULPEPPER
lixrertm Director
Subject: Perrnit No, WQ0040082
Rufus Road Partners, LLC
Wildbrook, Phase 1B
Wastewater Collection System. Extension Permit
Lincoln County
Dear Mr. Howey:
In accordance with your application received June 18, 2018, we are forwarding herewith Permit No.
WQ0040082 dated June 19, 2018 to Rufus Road Partners, 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effective from the date of issuance until rescinded and shall be subject to the conditions and limitations as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 the following conditions contained within this permit.
Condition III; This permit shall not be automatically transferable; a request must be made and approved.
Condition 1I.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 the 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 § 143-215,6A 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.
If any parts, requirements, or limitations containedin 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 150E 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.
State of North Carolina 1 Environmental Quaky! Water Resources 1 Water Quality Regional Operations
Mooresville Regional Ofice 1610 East Center Avenue, Suite 30 i 1 Mooresville. North Carolina 28115
704 663 1699
If you need additional information concerning this 'natter, please contact Ori Trivia a
via e-mail at ori.tuviarafncdenr.gov.
Sincerely,
DocuSigned by:
A14CC681AF274254„
by W. Corey Basinger, Regional. Supervisor
Water Quality Regional Operations Section
Division of Water Resources, NCDEQ
cc: David Lutz (P.E.) (E-copy)
Mooresville Regional Office Files
Water Resources Central. Files
PERCS (E-copy)
704) 235-2194 or
Page 2of8
Environmental
Quality
STATE OF NORTH CAROLINA
ENVIRONMENTAL MANAGEMENT COMMISSION
DEPARTMENT OF ENVIRONMENTAL QUALITY
WASTEWATER COLLECTION SYSTEM EXTENSION PERMIT
In 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 to the
Rufus Road Partners, LLC
Lincoln County
for the construction and operation of approximately 2,546 linear feet of 8-inch gravity sewer, to
serve 85 single family 3 bedrooms homes as part of Wildbrook, Phase 1 B Development, and
the discharge of 20,400 gallons per day of collected wastewater into the Lincoln County existing
sewerage system, pursuant to the application received June 18, 2018, and 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 Environmental Quality and considered a part of this permit.
This permit shall be effective from the date of issuance until rescinded and shall be subject to the specified
conditions and limitations contained therein.
DocuSigned by:
A 14C:C:A111 A F9749E
by W. Corey Basinger, Regional Supervisor
Water Quality Regional Operations Section
Division of Water Resources, NCDEQ
By authority of the Environmental Management Commission
Permit Number: WQ0040082.
Permit Issued: June 19, 2018
Page 3 of 8
SUPPLEMENT TO PERMIT COVER SHEET
Rufus Road Partners, LLC is hereby authorized to:
Construct, and then operate upon certification the aforementioned wastewater collection extension. The
sewage and wastewater collected by this system shall be treated in the Killian Creek Regional Wastewater
Treatment Facility in accordance with Permit Number NC0088722.
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 with the Standard Conditions and any Special
Conditions identified below.
I. SPECIAL CONDITIONS
1) No flow in excess of the quantity permitted herein, 20,400 GPD, 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. [15A NCAC 02T,0304 (b)]
IL STANDARD CONDITIONS
1. This permit is not 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, [15A NCAC 02T.0104; G.S 143-215.1(d3)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'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 materials unless specifically mentioned herein. [15A NCAC
02T,01101
3, This permit shall be effective only with respect to the nature and volume of wastes described in the
application and other supporting data. [15A NCAC 02T .0110]
4. The wastewater collection facilities shall be properly maintained and operated at all times, The
Permittee shall maintain compliance with an individual system -wide collectiortsystern 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: [15A NCAC 02T ,0108(b)];
a. The sewer system shall be effectively maintained and operated at all times to prevent discharge
to land or surface waters, and to prevent any contravention of groundwater standards or surface
water standards.
Page 4 of 8
b. A map of the sewer system shall be developed and shall be actively maintained.
c. An operation 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. 365
days per year). Pump stations that are connected to a telemetry system shall be inspected at Ieast
once per week.
e. High -priority sewer lines shall be inspected at least once per every six months and inspections
documented.
f.
g•
A general observation of the entire sewer system shall be conducted at least once per year.
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.
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
the legal means to require grease interceptors at existing 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.
2. For privately owned collection systems, the Grease Control Program shall include at least bi-
annual distribution of grease education materials to users ofthe collection system by the
permittee or its representative.
3. Grease education materials shall be distributed more often than required in Parts (1) and (2)
of this Subparagraph if necessary to prevent grease -related sanitary sewer overflows.
Right-of-ways and easements shall be maintained in the full easement width for personnel and
equipment accessibility.
Documentation shall be kept for Subparagraphs (a) through (i) of this Rule for a minimum of
three years with exception of the map, which shall be maintained for the 'life of the system.
5. The Permittee shall report by telephone to a water resources staff member at the 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 or breakage, etc.; or
b. Any SSO and/or spill over 1,000 gallons; or
c. Any SSO 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 of Emergency Management at telephone number (800) 858-0368 or (919) 733-3300.
Page 5 of 8
Persons reporting any of the above occurrences shall file a spill report by completing and submitting
Part 1 of Form CS-SSO (or the most current Division approved form) within five days following first
knowledge of the occurrence. This report must outline the actions taken or proposed to be taken to
ensure that the problem does not recur. Part II of Form CS-SSO (or the most current Division
approved form) can also be completed to show that the SSO was beyond control. [G.S. I 43-
21.5.1C(al)]
6. Construction of the gravity sewers, pump stations, and force mains shallbe 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. [1.5.A NCAC 02T.0108(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 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. Any wastewater flow made
tributary to the wastewater collection system extension prior to completion of this Engineers
Certification shall be considered a violation of the permit and shall subject the Permittee to
appropriate enforcement actions.
If the permit is issued to a private entity with an Operational Agreement, then a copy of the
Articles of Incorporation, Declarations/Covenants/Restrictions, and Bylaws that have been
appropriately filed with the applicable County's Register of Deeds office shall be submitted
with the certification.
A complete certification is one where the form is fully executed and the supporting documents are
provided as applicable. 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 on the plans or on digital media (CD or DUD 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.
h. One copy of the supporting applicable design calculations including pipe and pump sizing,
velocity, pump cycle times, and level control settings, pump station buoyancy, wet well storage,
surge protection, detention time in the wet well, and force main, ability to flush low points in
force mains with a pump cycle, and downstream sewer capacity analysis. if a portable power
source or pump is dedicated to multiple stations, an evaluation of all the pump stations' storage
capacities and the rotation schedule of the portable power source or pump, include travel.
tirneframes, shall be provided.
c. Changes to the project that do not result in non-compliance with this permit, regulations, or the
Minimum Design Criteria should he clearly identified on the record drawings, on the certification
in the space provided, or in written summary form.
Prior to Certification (Final or Partial): Permit modifications are required for any changes resulting
in non-compliance with this perinit (including pipe length increases of 10c,v0 or greater, increased
flow, pump station design capacity design increases of 5% or greater, and increases in the
number/type of connections), regulations, or the Minimum Design Criteria. Requested modifications
or variances 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 Criteria should be requested and
approved during the permitting process prior to construction. After -construction requests are
Page 6 of 8
I
discouraged by the Division and may not be approved, thus requiring replacement or repair prior to
certification & activation. [15A NCAC 02T .0116]
8. Gravity sewers installed greater than ten percent below the minimum required slope 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, a slope variance can be requested from the Division with firm supporting documentation.
This shall be done through a permit modification with fee. Such variance requests will be evaluated
on a case -by -case basis. Resolution of such request shall be evident prior to completing and
submitting the construction certification. [ 15A NCAC 02T.0105(n)]
9. A copy of the construction record drawings shall be maintained on file by the Permittee for the life
of the wastewater collection facilities. [15A NCAC 02T .0116]
10. 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, construction of additional or replacement wastewater collection facilities,
and/or referral of the North Carolina -licensed Professional Engineer to the licensing board. [15A
NCAC 02T .0104; 15A NCAC 02T .0108(b-c)]
11. 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.
[15A NCAC 02T .0110; 15A NCAC 02T .0108(b)]
12. 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 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.S. 143-215.1(b)]
Page 7 of 8
FAST TRACK SEWER ENGINEERING CERTIFICATION
PERMITTEE: RUFUS ROAD PARTNERS, LLC
PERMIT #: WQ0040082
PROJECT: WILDBROOK, PHASE 1B
ISSUE DATE: JUNE 19, 2018
This project shall not be considered complete,nor allowed to operate in accordance with standard
Condition 7 of this permit until the Division has received this Certification and all required supporting
documentation. It should be submitted in a manner that documents the Division's receipt. Send the
required documentation to the Regional Supervisor, Water Quality Regional Operations Section at the
address noted in the page footer.
Any wastewater flow made tributary to the wastewater collection system extension prior to completion
of this Certification shall be considered a violation of the permit and shall subject the Permittee to
appropriate enforcement actions. The Pei nittee is responsible for tracking all partial certifications up
until a final certification is received by the Division. A Final Certification shall be a complete set of
record drawings and design calculations regardless of whether partials have been submitted.
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
ENGINEER'S CERTIFICATION
, as a duly registered Professional Ehgineer in the State of North Carolina,
having been authorized to observe ([1111 periodically, 11 weekly, Li full time) the construction of the
project name and location as referenced above for the above Perrnittee 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 02T; the Division of
Water Resources' (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 w/signature & date:
E Final
Partial (include description)
Certification Comments/Qualifiers (attach if necessary):
NC DWR — Water Quality Regional Operations Section 610 East Center Avenue, Suite 301, Mooresville, NC 28115
Mooresville Regional Office Phone: (704) 663-1699 FAX (704)-633-6040
FOTE OF NORTH CAROLINA
L.JNTY OF Lincoln Permit No. kiQubi40022,
OPERATIONAL AGREEMENT
` !
This AGREEMENT made pursuant to G.S. 143-215.1 (d 1) and entered into this .� day
of .z6Ia
, by and between the North Carolina Environmental Management
Commission, an agency of the State of North Carolina, hereinafter known as the COMMISSION; and
Rufus Road Partners, LLC , a corporation/general partnership registered/licensed to do
business in the State of North Carolina, hereinafter known as the DEVELOPER.
WITNESSETH:
1. The DEVELOPER is the owner of the certain lands lyingin Lincoln County, upon
which it is erecting and will erect dwelling units and other improvements, said development to be known
as Wildbrook, Phase 1a (hereinafter the Development).
2. The DEVELOPER desires, to construct a wastewater collection system with pumps, wastewater treatment
works, and/or disposal facilities (hereinafter Disposal System) to provide sanitary sewage disposal to
serve the Development on said lands.
3. The DEVELOPER has applied to the COMMISSION for the issuance of a permit pursuant to G.S. 143-
215.1 to construct, maintain, and operate the Disposal System.
4. The DEVELOPER has created or shall create unit ownership in said dwellings units, other improvements
and lands through filing of a Declaration of Unit Ownership (hereinafter Declaration), pursuant to Chapter
47C 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 Owners' Association) wildbrook BOA (hereinafter
Association), a non-profit corporation organized and existing under and by the virtue of the laws of the
State of North Carolina, for the purpose, among others, of handling the property, affairs and business of
the Development; of operating, maintaining, re -constructing and repairing the common elements of the
lands and improvements subject to unit ownership, including the Disposal System; and of collecting dues
and assessments to provide funds for such operation, maintenance, re -construction and repair.
6. The COMMISSION desires to assure that the Disposal System of the Development is properly
constructed, maintained and operated in accordance with law and permit provisions in order to protect the
quality of the waters of the State and the public interest therein.
NOW, THEREFORE, in consideration of the promises and the benefits, to be derived by each of the parties
hereto, the COMMISSION and DEVELOPER do hereby mutually agree as follows:
1. The DEVELOPER shall construct the Disposal System in accordance with the permit and plans and
specifications hereafter issued and approved by the COMMISSION, and shall thereafter properly operate
and maintain such systems and facilities in accordance with applicable permit provisions and law.
2. The DEVELOPER shall not transfer ownership and/or control of the Disposal System to the Association
until construction has been completed in accordance with the permit and approved plans, and the staff of
the Division of Water Resources has inspected and approved of the facilities. In order to change the name
of the permit holder, the DEVELOPER must request that the permit be reissued to the Association. The
request must include a copy of the Association Bylaws and Declaration.
3. The DEVELOPER shall not transfer, convey, assign or otherwise relinquish or release its responsibility
for the operation and maintenance of. its Disposal System until a permit has been reissued to the
DEVELOPER's successor.
FORM: DEV 01-15 Page 1 of
(Date)
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
rThe
maintenance of the system and facilities. The Declaration and Bylaws shall identify the entire wastewater
treatment, collection and disposal system as a common element, which will receive the highest priority for
expenditures by the Association except for Federal, State, and local taxes and insurance.
5. The DEVELOPER shall provide in the Declaration and Association Bylaws that the Disposal System will
be maintained out of the common expenses. In order to assure that there shall be funds readily available
to repair, maintain or construct the Disposal System, beyond the routine operation and maintenance
expenses, the Declaration and Association Bylaws shall provide that a fund be created out of the common
expenses. Such fund shall be separate from the routine maintenance funds allocated for the facility and
shall be part of the yearly budget.
6. In the event the common expense allocation and separate fund are not adequate for the construction,
repair, and maintenance of the Disposal System, the Declaration and Association Bylaws shall provide for
special assessments to cover such necessary costs. There shall be no limit on the amount of such
assessments, and the Declaration and Bylaws shall provide that such special assessments can be made as
necessary at any time.
7. If a wastewater collection system and wastewater treatment and/or disposal facility provided by any city,
town, village, county, water and sewer authorities, or other unit of government shall hereinafter become
available to serve the Development, the DEVELOPER shall take such action as is necessary to cause the
existing and future wastewater of the Development to be accepted and discharged into said governmental
system, and shall convey or transfer as much of the Disposal System and such necessary easements as the
governmental unit 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, 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 1, 2, 3, 4, 5, 6, 7, and 8 above shall be conditions of any
permit issued by the COMMISSION to the DEVELOPER for the construction, maintenance, repair and
operation of the Disposal System.
10. A copy of this agreement shall be filed at the Register of Deeds in the County(ies) where the Declaration
is filed and in the offices of the Secretary of State of North Carolina with the Articles of Incorporation of
the Association.
IN WITNESS WHEREOF, this agreement was executed in duplicate originals by the duly authorized
representative of the parties hereto on the day and year written as indicated by each of the parties named below:
FOR THE ENVIRONMENTAL
MANAGEMENT COMMISSION
Rufus Road Partners, LLC
Name of DEVELOPER
By:
—S. 34y Z1111111c Aran, Director L....0 6_ (Signature
Division of Water Resources I-1-- ?�
/46Y4•44_ icord
David s. Howey
Print Name and Title
2/17/2017
(Date)
FORM: DEV 01-15
Page 2 of 2
1, PermitNumber(s): VvQC'S00149
Sy tem Wide C
Owner Namets°
n S Yte
Dllvision of Water Resources
State of North Carolina.
Department of Environmental Quality
Division of Water Resources
15A NCAC 02`I' .0300 — FAST TRACK SEWER SYSTEM EXTENSION APPLICATION
FTA 04-16 & SUPPORTING DOCUMENTATION
R 'OCiv➢`nit^fiC pr
Application Nui
All items rttat,st h
ramrslet d o
{to he completed b
vil➢ he returned
APPLICANT INFORM:, ION:
t. Applicant's nanie: tt tt Road Patmpany, n unicipality, l-IOA, uli
Applicant type: [j Individual ® C'orporat.ion [l General Partnership ❑ Privately -Owned. Public t.l
LI State/County ❑ Municipal I] Other
per 15A NCAC 02T t910 b)
3. Signature autharit
Title: Manager
4. Applicant's mailing .dress: 11220 Elm Lane, Suite 200
same: David
City: CharlState: NC h p: 28277-
.Applicant's contact information:
Phone number: (704) t 07-50 9 Etnail Address: Joe Doritv (joy
PROJECT INFORMATION:
1, Pro1cct tttu ie.: 'Wildbrouk Phase 113
2. Application Project status:
If it modification, provide the existing_ perm]
If new constructit n but part of a ttr� st r plan
3, County ��rlrerc irstict,t r"s ioc:riccl: 1 int oln
El Proposed (New Pcrmii)
yet
tceptho
❑ Existing Pe Prujec.t;
Hier: WQOO and issued dale:
yFide tlt� existing; le:rna.it ttttrnber: \fir C)00
4, .Approximate Coordinates (Decimal. Degrees): EatitudLot de: -81.00'
, Parcel ID (if applicable): 4603514542, 460341, 3093, 460330.1845
(or Parcel ID to closest downstream sewer)
CONSULTANT INFOIJ'IATION:
l., Professional Engineer: Dave, 1:_ut7
Firm: CES Ctroup 1. ngincers; I_E.P
Ntailing address: 274 N Highway 16
City: Denver State. NC
Phone number: (704) 489-1500
Number: 032866
7-
Address:
STEWATER TREATMENT FACILITY (1VWTF) I:NFOR! 1 1It)N:
1"«tcility, Name, 'Killian Creek WWTP Perri it Number: NC0088722
Ovine• Nance: Lincoln County
iECEIVINC DOWNSTREAM SEWER INFORMATION (if different than WIN " F):
Sewer Size •37 -inch
WQCS
Downstream (Receivi
Om
:al➢r
WORDS
MO ORRE VIL.LE, REGIONAL 0
y'
I'OR1M: FTA 04-16
Page 1. of 5
. GENERAL REQUIREMENTS
I. If the Applicant is
4.
If the Applicant is a
c Utility, has
OYes
ffthe Applicant is a 'Developer of lots to be sold, has a J
Yes
wrtt±rs' Assa)txiatin, h
r: (check all that .rlpl°t:
Residential f: vvrtt tl
idential Leased
preschool
[rink tic
tfi
Nature o
7. Surnmari
0 Retail
Retail
0 Medica
100 % Dott cstic;td
° lndustri;
c of Public C't vcnicnee and Necessi
NIA
an Op rati nal Air
ith food prepara
dental / veterir
otrtc
15A NCAC 02,1 01
NIA
vice
rncrcia1
l° R
1ed?
been attached?
been attached?
El Car ash
0 Hotel and/or Motels
0 Swimming Pool /Clubhouse
0 Swimming Pool/Filter Backwash
0 Other (Explain in Attachment)
atmcnl Program in effect? Yes LJ No
dt.tctttan been approved under ➢SA NCAC 02T .011.4(f)°' ® Yes
�ovidc a copy_ of flow reduction approval letter
-tired by project:
No
blishment
02T.0114 fl) I Dta
Flow ",h
' Units
Flow
cl atrtil.y f)wellin
24
,5
20,400 (1PD
GPD
gal)
CiPD.
gal/
CiPD
Total
20,400 (W[)
a See :SSA NCAC 02T .0l 1.4db}. (d . (. 1 ➢ and e tier ea cats its waotw rates (iwe., minimum flow per
dwelling: proposed unknown non-resit9cntirtl cl elpublic access facilities located near high public use areas;
and residential property located south or east of the Atlantic lntracoas'tal Watetr' ay to be used as vacation rentals as defined
in 05, 42A-4).
b Per 15A NCAC 02"1 .01 14(c), design flow
lot identified [in table .15A NCAC 021,01141 shall be
determined using available Clow data, water using fixture;, occupancy or operation patterns, and other measured data.
Wastewater generated t
Do not include futt
00 (iPD (per15A NCAC 02T ,0114)
usly permitted allocations
lfper-ritted Clow is zero, indicate why:
0 Pump Station or Gr<avlty Sewer where flow will be permitted in subse0uent permits that connect to
0 Flow has already been allocated in Permit
0 Rchabilitaticrn car re lacement of`existirtg
0 Other (Explatn)P
wcr n{ith no new Clow expected
F1 A 04-1(
Page 2 of 5
GRAVITY SEWER DESIGN CRITERIA (1:f Applicaah
Summarize gravity sewer to be permitted:
el-:2T
Length (feeety
vita" Sewers}:
638
DIP
PVC
> Section 11 &. HI of the NM C t ar Pet°rn'tttin of"Caravity Sewers eontains information related to design trite
Section III contains information related to naitaimtim slopes for gravity sewer(s)
O►°ersizing lines to meet minimum slope requirement is not allowed and a violation of the .MDC
PLUMP STATION DESIGN CRITERIA (If Applicable) — 02T ..0330S & MDC (Pump Stations/Force Mains):
COMI'L,ETE FOR EACH PUMP STATION INCLUDED D IN THIS PROJECT
I. Pump ,stat.ion number or name:
2, Approximate Coordinates (Decimal Deg es), Latitatde: Longitude: -
Design flow of the primp station, }trillions gallons per day (f rin capaeity<)
4, Operational point(s) or the pump(s): gallons per minute at feet total dynamic head (TD1-l")
5. Summarize the force main to be perntittetl (for this Pump Station),
N1i al ty in accordance witl
tdby power source or pump
A NCt'
00fa
and telemetry - I5A NCAC' 02T .0305(h)(1)`,H)1
Y Required .for all pump stations with an average daily flow re.ater than or equal tra 1 ,000 gallons per day
Must be permanent to facility
Or if the pump station haas tan average daily 1
0 Portable power source with manual cacti.
.0305(h)(I)(C)
or
in the
ted to the Divis
station,
that the
rn 1wf)t10 gatlttrns per day:
k-connection receptacle aand telemetry - 15A .NCAC 02T
source is owned or con.
ISA NCi C. 02T ,0305(h)(1)(C):
Geted by the applicant (draft }agreement)
is dedicatedltipie pump stations, an evaluation }Fall the pump stations' storage
n schedule of the portable power source, or pump, including tray el tiaaacfrattaes, shall be provided
FTA 04-16
,Page 3 of
IX. ± `1 BACKS & SE'PARA'11ONS (02B .0200 & 15A NCAC 02T .0305(0):
Does the project comply w'itla all scparati
15A NCAC 02T :105(t) cont<attns°tnai
atilt
in 15A NC'A ', 02T .0305
um separations that
below (ve
lulling, in benched trenches)
e provided for sewer
Ei Yes
Separation Required
24 inches
$ inches
Reclainncd water
Reclaimed water
**Any private or public waiter st
Class 11 impounded reservoirs u
imed nv
**Waters classified 'WS (except WS-I or
high water (or tide elevation) and wetlant
**Arty other stream, lake, impoundment, or
ditches.
Any building ttatn
Any basement
Top slope of embankm
Drainage system, and .interceptor d.rar:
l'
ludint_
/3 , S
Donal water lose
• n-tore vcriieal he lot
waters of Class 1 or
n)i°• SB frurn normal
g and surface drainage
4 inches
2 feet
36 inches
1 5A NCAC 02T,0305(g
**Stream classifications can be i
If noncompliance with 02T.0
As bui
's draft separation rat
of the alternati
s should reference th.
nofat
02T,0305(1) cannot be achieved.
NC' Surface Water classification, vita
d,s? (50
El Yes
separatrorn c,aranot tit meet
ili7ed in desitan and construction
Does the project comply vtrith setbacks bound in the river basin rules per 15A NCAC 0213 0200?
This would include "trout. Buffered Streams per 15A NCAC 2 '202
Does the project reelttnrc ccavfrnar_=c.aauthaa
individual p rraaits ter 401 Water Quality
a 4 )4 Nati(rrrvyicic or
y{?
` Information can be obtained front the 491 & Huffer Ponta Branch
Does projectv'ith 15A Nt~i°AC, 1O2T.0105(c)(6) (additi-ntitslcertifications
Per I5A NCAC 02"1.0105(c)(6), directly related environmental permits or° ceitific<a'tican
been applied 1°or, or have been obtained. Issuance of this permit. is contingent on :issuance of dependent per;
sedimentation control plans, stormwtiter marnagetnent plans, etc,G.
Yes No
Docs this lair joo,t itnelude any sewer colleen
gh-
Per I5A'NCAC 02T20402, "high -priority sewer" rricans "aunt' aerial sower, sewer contacti
positioned parallel to streambanks that is uhjcet to-rosiorn that underm%nes or deteriorate,,
El Yes
No 1 I N/A
i lfy°es, irac:.lt.reto an anttarelanaent v�aitlr details for each line. irncluding typo (aerial line,
High priority lines shall be inspec
ee or its representative at least
documented per 15„i, NCAC 02'1.0403(a)(5) or the laea°rnitec's individual System -Elude
gs
s are bein
eaters
N/A
repared, have
(`ere -ion and
lion).
° si:x-months acid i
ection permit,
p
ctions
'.fA 04-16
Page 4 of5
and Force Mains (latest version), and t
CERTIFICATIONS:
Does the submitted system comply with I.SA NCAC 42T, the I +Iinimum Design Criteria for the Pernnittijjg_ofPump Stations
Criteria (latest version) as applicable?
vity Se
1"0+1 Yes No
If No, complete and submit the Variant A ternative Design Request application (VADC I0-14) and supporting documents
review. Approval doe request l/ rsgtliired prior to submittal of the Fast Track Application and su i d tarsi
2. Professional Engineer's Certification:
(Professional Engineer's name from Application Item 111.1.)
at this application for
has been reviewed by me and is accurate, complete and consistent with the information supplied in the plans, specifications,
engineering calculations, and all other supporting documentation to the best of my knowledge. 1 further attest that to the best
of nay knowledge the proposed design has been prepared in accordance with the applicable regulations, Gravity Sewer
Minimum Design Criteria for Gravity Sewers (latest version), and the Minimum Design Criteria for the Fast -Track Permitting
of Pump Stations and Force Mains (latest version). Although other professionals may have developed certain portions of this
submittal package, inclusion of these materials under my signature and seal signifies that 1 have reviewed this material and
have judged it to be consistent with the proposed design.
NOTE — In accordance with General Statutes 143-215.6A and 143-215.6B, any person who knowingly ..takes any false
statement, representation, or certification in any application package shall be guilty of a Class 2 misdemeanor, which may
include a fine not to exceed $10,000, as well as civil penalties up to $25,000 per violation.
North Carol
Professional Engineer's .sear signature, and date:
Applicant's Certification per 15A NCAC 02T ,0106(b):
attest that this application for
has been reviewed by me and is accurate and complete to the best of my knowledge. I understand that if all required parts of
this application are not completed and that if all required supporting documentation and attachments are not included, this
application package is subject to being returned as incomplete. 1 understand that any discharge of wastewater from this non -
discharge system to surface waters or the land will result in an immediate enforcement action that may include civil penalties,
injunctive relief, and/or critninal prosecution. I will make no claim against the Division of Water Resources should a condition
of this permit be violated. 1 also understand that if all required parts of this application package are not completed and that if
all required supporting information and attachments are not included, this application package will be returned to me as
incomplete.
NOTE — In accordance with General Statutes 143-215.(iA and 14; 6B, any person who knowingly makes any false
statement, representation, or certification in any application package shall be guilty of a Class 2 misdemeanor, which may
include a fine not to exceed $10„000 as well as civil penalties up to S25,000 per violation.
FORM: FTA 04-16
Page 5 of 5
June 8, 2018
1 Inch = 585 feet
USGS Map
ite a description for your map.
end
Untitled Polygon.
MEM
MEM
MEM
MEM
IIIIMMIN
MOO
MEM
MEM
MEM
MEAN
MEM
MEM
-IMAM
MEM
milam
MEM
MUNI
MEM
MEM
® P1H? 2et1't
411416 S 12 1 8 1 96.66 1 0.0187 1 PVC
144115 11 (1) (1)(1) 1 8 I 83,65 1 0.0040 1 PVC
5'1414
Mh113
1 106.98 1 0.0040 I PVC
85.71 0.0040 I PVC 1 0 1 0,0000 fl
0
0.00
II 0.009 I
3,50
4.67
II 0.009 (, 4.67
11 0,009 I 4,67
239
1.11
1,11
0.11
0.24
0.24
0.20
0,30
1,60
2.40
2.40
2.40
5.86 0.55
3.17 0.74
0.74
3.77
2.35
2,35
1421119
53
54,3
PVC
0.0007
0.0018
0.069
0.45
4,01
0.01
0.05
0.40
11,,50
0.15
1.72
14H11
141410
1
263.9
9 1 0.0033
5 0.0018
0.1142
0.2979
11 01009
1
4.85
0.27
0.35
2.30
3.17 I 0,87, 1 2,60
0.1210
0.3025
0.009
4,92.
0,25 0.35 2.80 3.1.7 10.92 2.50
MM'9
151213
61.42, 0,0040 1 FVC
122,38 1 0.0040 a PVC
0.3034 II 0009 1 4,97 y 1.11 1 0,26 ) 0.35
0,3071 0 0.009 1 4.95
0,26
0.35
2,80
2.80
2.60
2.60
MH20
40
150
0.0390
PVC
0.0018
0.0018
0.0046
1167
3,46
0,01
0,40
9.90
0.15
1.49
140.34 0.0571 R1P
030004
0.0033
6.0663 6.005
0.77'
4.13
001
0,05
040
11,95
MH25
3€i
PVC
0.0007 - 0.0062
0.0156
0.009
1.44
1.52.
0.02
0,05
0.40
4.34
0,15
0.35
MH31,
34
154.'14
0..0096
0.0248 0.009
1.63
1.73
0.02.
0,05
0.40
4.96
0.15
0,74
31
L66
0.0107
PVC
0.0022
0.0055
0.009
0.92
0.0➢
0,05
0.40
5.06
0.15
00.7E
140134 I
141133
30
10.0117 1 PVC
00212 r PVC
G I 0.0022 I
7 1 0,0026 I
74
1,89 1 0.01 3 0.05 1 0.40 I 5.42 1 0.15
2.55
0.05
0.40
7.30 0.1E
0.91
1.10
hIFM2
7
113 0.0040 PVC
0.001E
0.0037
0.0092
0.009
1,33
3.0E
0.01
0.05
0.40
3.17
11.1E
0.46
144440
0.0040 PVC
0.0007
0,0055
0.0136
0.009
0,02
0.05
0.40
3.17
0.15
0.48
M538
4,07671 0004 Pre
0,0007
0.0066
0.0165
0.009
6,02
0.05
0.40
3.17
0.15
0.48
h1H4
22
2.17,31 10.0040
0.1606
0.4015
0.009
1547
0.37
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3,20
3.17
0.57
2.76
MH1
EX MH 5
19.27 1 0,0010 1 5500 i.
51.6 I 0,0040 I PVC I.
0.1605 I 0.4015 870009 5.47
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0A0 1 6,47
0.37
0.37
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3,17 I
2.76
2.76
Ado
10.
Phase 10
0has8 2
Phase 3
Total
P r2 ik
87 1414
17 tom
23 041
158 103
A721tmants 248 P882.
54444] 750 'students
240 13P7/14E
240 077/561
248 C.Pk3P136
i 4
77000 0.801
13-45439(61
14-6434308m)
1313420,6692
Tatni
240 00'r2t'u#]1 avg. 5.960
1.8 i542563s64832
71.41
Lot 143413,
418
53 47 0Rm
10000 0PG
70450 HP0
5520 Go*0
36000 0711
57(400 570
11250 04i0
68850 000
$8P0427"s A70"=H10
448383 6P61
Division of Water Resources
State of North Carolina
Department of Environmental Quality
Division of Water Resources
Flow Tracking/Acceptance for Sewer Extension Applications
(FTSE 04-16)
Entity Requesting Allocation: Rufus Road Partners, LLC
Project Name for which flow is being requested: Wildbrook Phase 1B
More than one FTSE may be required for a single project if the owner of the WWTP is not responsible for all pump
stations along the route of the proposed wastewater flow.
I. Complete this section only if you are the owner of the wastewater treatment plant.
a. WWTP Facility Name: Killian Creek WWTP
b. WWTP Facility Permit #: NC0088722
All flows are in MGD
c. WWTP facility's permitted flow 3.35
d. Estimated obligated flow not yet tributary to the WWTP 1.488
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
1.124
0.027
2.639
78.78%
II. Complete this section for each pump station you are responsible for along the route of this
proposed wastewater flow.
List pump stations located between the project connection point and the WWTP:
(A) (B) (C) (D)=(B+C) (E)=(A-D)
Design Obligated,
Pump Average Daily Approx. Not Yet Total Current
Station Firm Flow** Current Avg. Tributary Flow Plus
(Name or Capacity, * (Firm 1 pf), Daily Flow, Daily Flow, Obligated Available
Number) MGD MGD MGD MGD Flow Capacity***
#15B 1.856 0.742 0.000 0.121 0.121 0.621
* The Firm Capacity of any pump station is defined as the maximum pumped flow that
can be achieved with the largest pump taken out of service.
** Design Average Daily Flow is the firm capacity of the pump station divided by a peaking
factor (pf) not less than 2.5.
*** A Planning Assessment Addendum shall be attached for each pump station located
between the project connection point and the WWTP where the Available Capacity is < 0.
Downstream Facility Name (Sewer): Lincoln County Sewer System
Downstream Permit Number: WQCS00149
Page 1 of
FTSE 04-16
41
III. Certification Statement:
I Donald V. Chamblee, Jr. certify to the best of my knowledge that the addition of
the volume of wastewater to be permitted in this project has been evaluated along the route to the
receiving wastewater treatment facility and that the flow from this project is not anticipated to
cause any capacity related sanitary sewer overflows or overburden any downstream pump station
en route to the receiving treatment plant under normal circumstances, given the implementation
of the planned improvements identified in the planning assessment where applicable. This
analysis has been performed in accordance with local established policies and procedures using
the best available data. This certification applies to those items listed above in Sections I and II
plus all attached planning assessment addendums for which I am the responsible party.
Signature of this form indicates acceptance of this wastewater flow.
Signing Official Signature
f(3F2f3(g
Date
Page 2 of 6
FTSE 04-16
-t
ROY COOPER
Governor
MICHAU, S. REGAN
seerewv
S. JAY ZIMMERMAN
Director
i
February 1, 2017
Chris Henderson
Engineering Associate
Lincoln County Public Works
115 West Main Street
Lincolnton, NC 28092
Subject: Killian Creek WWTP, NPDES # NC0088722
Residential Flow Reduction
Lincoln County
Dear Mr. Henderson:
On January 29, 2007 the Division of Water Quality (now Division of Water Resources) granted a
flow reduction for residential flow to Middle Forney Creek WWTP (NC0074012). Middle Forney
Creek has been decommissioned and the NPDES permit rescinded. The flow previously being
treated at Middle Forney Creek WWTP is now being treated at Killian Creek WWTP. All areas
currently served by Killian Creek WWTP and conveyed through pump stations # 15 and # 37
were included in the analysis done for the flow reduction granted in 2007.
Based upon the data provided by the County for the 2007 flow reduction, the Division of Water
Resources hereby approves the use of 80 GPD per residential bedroom, with a minimum of 160
gpd for one and two bedroom units in all applicable non -discharge permit applications to Killian
Creek WWTP (NC0088722). Flow shall be incremented by 80 gpd for each bedroom above two.
Regardless of the adjusted design daily wastewater flow rate, at no time shall the wastewater
flows exceed the effluent limits defined in the NPDES permit for the treatment facility of exceed
the capacity of the sewers downstream of nay new sewer extensions or service connection(s).
The granting of this flow reduction does not prohibit the Division from reopening, revoking,
reissuing and /or modifying the flow reduction as allowed by the laws, rules, and regulation
contained in 15A NCAC 02T, NCGS 143-215.1, or as needed to address changed in State and/or
Federal regulations with respect to wastewater collection systems, protection of surface waters
and/or wastewater treatment.
--Nolan Compares
es
State of North Carolina 1 Environmental Quality
1617 Mail Service Center 1 Raleigh, North Carolina 27699-11617
919-707-9000
If you have any questions, please contact me at (919) 807-6383, or via email at
deborah. ore ncdenr.gov.
Sincerely,
for S. Jay Zimmerman
Director, Division of Water Resources
by Deborah Gore, Supervisor
Pretreatment, Emergency Response and Collection Systems Branch
Cc: Mooresville Regional Office, Wate
Central Files: NC0088722
PERCS (electronic copy)
y Regional Operations
COUNTY OF LINCOLN, NORTH CAROLINA
115 WEST MAIN STREET, 2ND FLOOR CITIZENS CENTER, LINCOLNTON, NORTH CAROLINA
28092
DEPARTMENT OF PUBLIC WORKS
PHONE (704) 736-8497
FAX (704) 736-8499
WWW.LINCOLN COUNTY.ORG
June 13, 2018
Rufus Road Partners, LLC
Attn: David S. Howey
11220 Elm Lane, Suite 200
Charlotte, NC 28277
RE: Wildbrook Subdivision Phase IB (85 Lots Only) Sewer Availability
Mr. Howey,
This letter is provided in response to your request, dated June 8, 2018, for flow acceptance of the
wastewater treatment infrastructure (the "System") for the Wildbrook Phase 13 (85 Lots Only)
Development (the "Project"). Lincoln County (the "County") has the actual average daily flow capacity
at its Killian Creek Wastewater Treatment Plant to treat the domestic wastewater as requested, and does
conditionally grant approval for the Project, subject, however, to the terms and conditions below:
1. The amount of flow requested for the Project is for 85 lots with a total flow of 20,400 gallons
per day of additional flow at the NCDENR approved reduced flow rate of 240 gallons per day per
home into LS-15; and
2. For the NCDEQ Permits, the receiving sewer treatment facility is the Killian Creek WWTP,
Permit #NC 0088722. The sewer collections facility is the East Lincoln County Water and Sewer
District, Permit #WQCS 00149; and
3. The County shall not be named as the Permittee on NCDENQ system applications. You must
make the application to NCDEQ in your own name for the System; and
4. Acceptance of the System and transferal of the System to the County is subject to the
following:
a. A complete final inspection and approval of the System by the County, and receipt of other
applicable documentation requested by the County; and
b. Approval of the System by NCDEQ, and proof provided to the County of a valid permit issued
by NCDEQ with an Authorization to Construct (ATC); and
c. Initiating construction of the Project within two years of the date of this conditional approval.
You must notify the Lincoln County Public Works Department in writing when construction of
the Project is initiated; and
d. The County continuing to have actual average daily flow capacity to treat the domestic
wastewater as requested at the time all other conditions precedent have been satisfied.
This acceptance and allocation of flow shall only be effective upon your compliance with all of
the above terms and conditions and the County providing an acknowledgment that you have complied
with all of the above terms and conditions.
Included in this mailing is the Flow Tracking/Acceptance for Sewer Extension Permit.
Applications (FTSE — 04/16) with the County's portion completed.
If you have any questions, please do not hesitate to call me at 704-736-8497.
Sincerely,
hu61c King
Engineering Associate
Cc: File
6018 , North Carolina Secretary of State Search Results
• File an Annual Report/Amend an Annual Report • Upload a PDF Fling • Order a Document Online •
Add Entity to My Email Notification List • View Filings • Print an Amended a Annual Report form • Print a
Pre -Populated Annual Report form
Limited Liability Company
Legal Name
Rufus Road Partners, LLC
Prev Legal Name
KLH Rufus Road, LLC
Information
Sosld: 1543982
Status: Current -Active
Annual Report Status: Current
Citizenship: Domestic
Date Formed: 9/16/2016
Fiscal Month: January
Registered Agent: Hawthorne, Keith L
Addresses
Mailing Principal Office Reg Office
11220 Elm Lane Suite 107 11220 Elm Lane Suite 107 11220 EIm Lane Suite 107
Charlotte, NC 28277-0716 Charlotte, NC 28277-0716 Charlotte, NC 28277-0716
Reg Mailing
11220 EIm Lane Suite 107
Charlotte, NC 28277-0716
Company Officials
All LLCs are managed by their managers pursuant to N.C.G.S. 57D-3-20.
Manager
Keith L Hawthorne
11220 Elm Lane Suite 107
•https /lwww,sosncgov!onl'ine_services/search/BusinessRe,g'istratiorg,Results
1/2
OPERATING AGREEMENT
OF
RUFUS ROAD PARTNERS, LLC
THIS OPERATING AGREEMENT of RUFUS ROAD PARTNERS, LLC (the "Company"), a limited
liability company organized pursuant to the North Carolina Limited Liability Company Act, is executed effective
as of the date set forth on the cover page of this Agreement, by and among the Company and the persons
executing this Agreement as the Members and Managers.
ARTICLE I
FORMATION OF THE COMPANY
1.1. Formation. The Company was formed on October 15, 2016, upon the filing with the Secretary
of State of the Articles of Organization of the Company. In consideration of the mutual promises and
covenants contained herein and other good and valuable consideration, the receipt and sufficiency of which is
hereby acknowledged, the parties hereto agree that the rights and obligations of the parties and the
administration and termination of the Company shall be governed by this Agreement, the Articles of
Organization, and the Act.
1.2. Name. The name of the Company is as set forth on the cover page of this Agreement. The
Managers may change the name of the Company from time to time as they deem advisable, provided
appropriate amendments to this Agreement and the Articles of Organization and necessary filings under the
Act are first obtained.
1.3. Registered Office and Registered Agent The Company=s registered office within the State of
North Carolina and its registered agent at such address shall be as determined from time to time by the
Managers.
1.4, Principal Place of Business. The principal place of business of the Company within the State
of North Carolina shall be at such place or places as the Managers may from time to time deem necessary or
advisable.
1.5. Purposes and Powers.
(a) The purpose and business of the Company shall be to engage in the purchase,
development, ownership and sale of real property and in any [other lawful business for which limited liability
companies may be organized under the Act,
(b) The Company shall have any and all powers which are necessary or desirable to
carry out the purposes and business of the Company, to the extent the same may be legally exercised by
limited liability companies under the Act.
1.6. Term. The Company shall continue to exist perpetually, as specified in the Company-s
Articles of Organization, unless the Company is earlior dissolved and its affairs wound up in accordance with
the provisions of this Agreement or the Act.
11. Nature of Members-- Interests. The interests of the Members in the Company shall be
personal property for all purposes. Legal title to all Company assets shall be held in tho name of the
Company. Neither any Member, nor a successor, representative, or assign of any Member, shall have any
right, title, or interest in or to any Company property or the right to partition any Property owned by tho
Company.
1,8. Classification of the Company, The Members hereby acknowledge that the Company will not
make an election with the Internal Revenue Service to bo treated as an association taxed as a corporation and
thus will be taxed as a partnership for federal income tax purposes and that no member, manager, or officer is
authorized to make such election unless all of the members agree to do so.
disclose in .any list of assets corned
Member's Membership Interest in t
terms of this Agreement
to connection with sr
mpany is subjec
Survival of Rights f. xc pt as o
�€ benefit of the parties. their suer;
h proceeding a statement to the effect that such
certain rights of the other Members under the
vided herein, this Agreement shall be binding
rind assigns
11 10 interpretation and GrNerrong Law When the context in which words are used in this
Agreement indicates that such is the intent, words in the singular .number shall include the plural and vice
versa, The masculine gender shall include the feminine and neuter The Article and Section headings or titles
shall not define, limit, extend or interpret the scope of this Agreement or any particular Article or Section This
Agreement shall be governed and construed in accordance with the taws of the State of North Carolina without
giving effect to the conflicts of laws provisions thereof
11.11. Sovorabifity If any provision, sentence, phrase, or word of this Agreement or the application
thereof to any person or circumstance shall be held invalid, the remainder of this Agreement, or the application
of such provision, sentence, phrase, or word to persons or circumstances, other than those as to which it is
held invalid, shall not be affected thereby.
11,12 Agreement re Counterparts Thls Agreement may be executed in several counterparts, each
of which shall be deemed an original, and all of which shall constitute one and the same instrument. In
addition, this Agreement may contain more than one counterpart of the signature pages and this Agreement
may be executed by the affixing of the signatures of each of the Members to one of such counterpart signature
pages, all of such signature pages shall he read as though one, and they shalt have the same force and effect
es though all of the signers had signed a single signature page
11.13. Tax r1?afters Partner. F or purposes of this Agreement, the Managers shall designate one
Member as the Tax Matters Partner as required by the Code and Treasury Regulations.
11.14 Creditors Not Benefited, Nothing in this Agreement is intended to benefit any creditor of the
Company or of any Member. No creditor of the Company or of any Member will be entitled to require the
Managers to solicit or accept any loan or additional capital contribution for the Company or to enforce any right
which the Company or any Member may have against a Member, whether arising under this Agreement or
otherwise.
IN WI FNESS WHE RE=C)f�, the undersigned, being ail of the Managers and Members of the Company,
have caused this Agreement to be duly adopted by the Company and do hereby assume and agree to be
bound by and to perform ail of the terms and provisions set forth in this Agreement
THE COfljPANY:
RUFUS ROAD PARTNERS, LLC
MANAGER:
engineers
planners
surveyors
.scientists
74 NI Hwy 16, Suite 300
nenver, NC 28037
T '704,489,1500
F .704.A89,6500
www,ces-group„net
CES Group Engineers, LIP
WBENIC / DBE VVRE / SPSF / NCHUr; VVOSB
June 15, 2018
Mr, Ori Tuvia
North Carolina Department of Environmental Quality
Water Resources Section
610 E. Center Avenue
Mooresville, NC28301-5094
Re: VVildbrook Subdivision — Phase 1B
Gravity Sewer Line
Lincoln County, NC
Project Number 6798,0916
Dear Mr. Tuvia,
Included are the design plans for 2546 linear feet of eight (8) inch gravity sewer line to
serve 85 new single-family homes for the VVildbrook Subdivision located at 1060 Rufus Rd.
Denver, North Carolina. CES Group Engineers, LLP (CES) is pleased to present these
plans for review and permitting through the Fast Tract Sewer System Extension
Application, These plans are for Phase 1B of the subdivision and will include 85 lots with a
flow allocation of 20,400 GPD. Flow allocation is based on an average 3 bedroom home
per lot at buildout The buildout for Phase 1B will be for a peak design flow of 354 gallons
per minute (gpm),
These plans are submitted on behalf of the Owner Hawthorne Development Group.
Once complete, the sewer infrastructure will be deeded to Lincoln County for ownership,
operation, and maintenance.
The property consists of one land parcel recognized by Lincoln County GIS as Parcel
ID number 4603-30-1845. The parcel consists of approximately 73 acres.
These plans are for your review and comment Should you have any questions please
feel free to contact me at (704)-489-1500,
Respectfully,
CES GROUP ENGINEERS, LLP
osh Peeler, El.
Civil Project Manager
FAST TRACK SE
ER ENGINEERING CERTIFICATION
F%ECEIVECINCOEQJOWR
Piv�RMITEE:RI. FUSRO,
PERMIT #: WQ0040082
PROJECT: W€ IU)I3ROOK,
ISSUE DATE: Jf.1N1 19, 2()
This project s
Condition 7 of this
documentation,
required docurnentatio
ada�lress noted it
f1A`E I,B
D PA I "11NERS,
he cons
d he sulnl.
Any erarer flow ma
of this Cer
appropriate en
until a final certifi
record draw
the a.
des
\waste
meat°
.,c nst
ater
„ned a;
ion is rece
complete nor allowed to operate in ae
iott l'tats receiv3etl tlt's Certification as d a
in a nrarrrtet that documents the I7ivisio
F-EE3 1 6 20,:
WOROS
MOORES 'tLLE REGIONAL OFFICE
cordance with standard
gaited supporting
Send the
Reicanal Operations tiec;ti
e permit and shall sul
ible for tracking all
Final Certification
,s of whether partials have been submittal
PERM ITTE ;'s CERTIFIC%1'R)N
standards K requirements, the
rCtiotr inferrnration to the Permittce.
llectiom permitted 'herein o
Printed Name! Title
uthorired to observe
rnd location as referenced above for t
:onions tl
ENGINEER'S CFRTIFICA"rlOM1
Resources' (f)iv
blce the Divi
ins adopted June 1, 2(
North Carolina Professional 1=
ati
Partial (include t
cable
r'i ptio n )
Protessiona
Nveekly
Peru
prior to completion
)ermil:tee to
ifications cep
;en corisiruited pursuant to
)rovicled applicable
prepared to operate & maintain the
Date
North I"arrlaata.
construction of the
that., to the hest ofrny
ot'the wrist such that the construction
permit; 15A NCAC 02`1: the Division of
sign Criteria adopted February 12, 1996, as
F rst-°1"rack Permitting of Pump Stations and
supporting material,
Comments/Qualifier's (attach if necessary):
date:
-n
NC DWR — Water Quality Regional Operations Section 610 East Center Avenue, Suite 301,
NC 28115
Mooresville Regional Office
Phone: (704) 663-1699 FAX: i7Q4i-633-6040