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HomeMy WebLinkAboutWQ0041584_Regional Office Historical File Pre 2018ahrision of Water Resources State of North Carolina Department of Environmental Quality Division of Water Resources 15A NCAC 02T .0300 — FAST TRACK SEWER SYSTEM EX FENSION APPLICATION FTA 04-16 & SUPPORTING DOCUMENTATION Application Number: hr) Li 1.3 to be completed by DV All items must be completed or the application will be returned 1. APPLICANT INFORMATION: Applicant's name: fake Norman Owner LP (company, municipality, 140A, utility,. etc) 2, Applicant t..)/pe: D lndividual El Corporation D General Partnership E PriN,:ately-Owned Public Utility. Federal El State/('ounty Li Municipal LI Other 3. Signature authority's name: Eric Sauer per 1.5A NCAC 02T .0106.11)) Title: Project Manager 4. Applicant's mailing address: 7242 South Little Egypt Road City: Stanley State: NC Zip: 28164,- 5. Applicant's contact information: Phone number: (623) 764-8536 Email Address: eric.sauerterisheahomes.com 1. PROJECT INFORMATION: 1. 'Project: name: TrilogyEa.ke Norman - Parcel E & K Phase 3 and F2 2. Application/Project status: Proposed (New Permit) 1:11 Existing Permit/Project If a modification, provide the existing permit number: and issued date: If new construction but part of a master plan, provide the existing ,permit number: WQ00 3. County where project is located: Lincoln 4. Approximate Coordinates (Decimal Degrees): Latitud.e: 35.4446 Lorigitud.e: -81..0215' 5. Parcel ID (if applicable): 92867 (or Parcel ID to closest downstream sewer) III. CONSULTANT INFORMATION: 1. Professional Engineer: Andrew: I,Letlin License ?umber: 043213 Firm: ESP Associate„ Mailing address: 20484 Chartwell Center Dr,. Suite D City: Cornelius State: Nc 28013) - Phone number: (704) 990-9433 Email Address: aloftamassociates.com WASTEWATER TREATMENT FACILITY (WWTF) INFORMATION: 1. Facility Name: Killian Creek WWTP Permit Number: NC 0088722 Owner Name: Lincoln County V. RECEIVING DOWNSTREAM SEWER INFORMATION (if different than WWTF): 1. Permit Number(s): DoWnstream (Receiving) Sewer Size: inch SystegtWide Collodion System Permit Nutnber(s) (iLariplicable): WQCS00149 Owner Name(s): Lincoln County FORM: FTA 04-16 Page 1 of 5 VI. GENERAL REQ1i11REMENTS 1'fthe Applicant i.s a Privately -Owned Public 2. ifthe Applicar If the Applicar is a Developer of lots t 4. Origin of wastewater: (check all that apply): Residential Owned 0 Residential 1..eased 0 School / preschool / day care 0 Food and drink facilities 0 Businesses / offices .I factories has a Cerliti 0 Yes No sold, has a-1)cve,lo Z Yes 0No of Public Convenience and Necessity bee.3z attached? N/A. O rational .A !teen ent FORM f .V) been attached? ON/A Association, has anrOperational Agreemerialt'ORMw HOAJ been attach 0 Yes ONO !N/A [� Retail (stores, center"s, .Halls) © Retail with food prepay atioa/service 0 Medical +` dental I veterinary facilities O Church [� Nursing Hoene 0 Car Wash O Hotel and/or Motels ® Swimming Pool /"Clubhouse Q Swimming Pool,/Filter Backwash 0 Other (Explain in Attachment) Nature of wastewater : 100 Domestic/Commercial `/a Commercial Industrial (See 15A NCAC O? 1 :0)0.(120)) there a Pretreatment Program in effect? 0 Yes ti. Fla a flow reduction been approved under 15A NCAC if yes provide a copy of flow reduction approval letter 7. Summarize wastewater generated by project: ablishment Type (see O22T.0114(f)) a See 15A NCAC 02T .01 14(b)._.fd dwelling, proposed unknown non-1 and residential property located south or east of the Atlantic Intracoastal Waterway to he used as vacation rentals as defined in 6,5. 42A,1).. b Per 15A NCAC- 02"1.' .011.4(c), design flow rates for establ shrttents not identified [in table 15A :NCAC 02T:01 141 shall be determined using available flow data., water using fixtures, oct.upancy or operation patterns, and other measured data, Wastewater generated by project: ,l I,28Q GP1) (per 15A_:NCAC O2.1M..01 14) Do not include future flows or previously permitted allocations If permitted flow is zero, indicate why: O Pump Station or Gravity Sewer where flow will be permitted in subsequent permits that: connect to this Vine Daily Design Flow a,e No No 0 Flow has tar d 1e)(2), for caveats to wastewater design flow ra development uses; public access facilities located near high public use areas; n allocated in Permit: Nuanber: O Rehabilitation or replacement of existing, sewer with no new flow, expected Other (Explain): l°(ARM. F"1 A 04-16 Page "2 VII. GRAVITY SEWER DESIGN CRITERIA (It Applicable) - 02T .0305 & IfLDC (Gravity S 1. Summarize gravity sewer to be permitted: Size (inches) 8" Length (feet) 1,472 ial PVC Section Il & Ili of the MDC for Permitting of Gravity Sewers contains information related to design criteria r? Section 111 contains information related to minimum slopes for gravity sewer(s) Oversizing lines to meet minimum slope requirement is not allowed and a violation of the MDC VIII. PUMP STATION DESIGN CRITERIA (If Applicable) — 02T .0305 & MDC (Pump Stations/Force Mairts): COMPLETE FOR. EACH PUMP STATION INCLUDED IN THIS PROJECT 1. Pump station number or name: Approximate Coordinates (Decimal Degrees): Latitude: . Longitude: 3. Design flow of the pump station: millions gallons per day (firm capacity) 4. Operational point(s) of the purnp(s): gallons per minute at feet total dynamic head (TDH) 5. Summarize the force main to be permitted (for this Pump Station): Size (inches) Length (feet) Material 6. Power reliability in accordance with 15A NCAC 02TT,,0305(b),O: ❑ Standby power source or pump with automatic activation and telemetry - 15A NCAC 02T .0305(h)(1)(B)_ Y Required for all pump stations with an average daily flow greater than or equal to 1.5,000 gallons per day > Must be permanent to facility Or if the pump station has an average daily flow less than 15,000 gallons per day: © Portable power source with manual activation, quick -connection receptacle and telemetry - I S.A NCAC 02T .0305(h)(1)(C) or © Portable pumping unit with plugged emergency purrtp connection and telemetry - 1, 5A NCAC 02T ,0305(h)(1)(C): Y It shall be demonstrated to the Division that the portable source is owned or contracted. by the applicant (draft agreement) and is compatible with the station. if the portable power source or pump is dedicated to multiple putnp stations, an evaluation of the pump stations' storage capacities and the rotation schedule of the portable power source or pump, including travel tirneframes, shall be provided in the case of a mutt,i,ple station power outage. FORM: FTA 04-16 Pare 3 o IX. SETBACKS & SEPARATIONS — (02B .0200 & ISA NCAC 02T .0305(t)): 1. Does the project comply with all separations found in I5A NCAC 02T .0305(f) & (g) ➢ 15A NCAC 02T.0305(f! contains minimum separations that shall be provided for sewer systems: ® Yes ❑ No Setback Parameter* Separation Required Storm sewers and other utilities not listed below (vertical) - 24 inches Water mains (vertical -water over sewer including in benched trenches) 18 inches Water mains (horizontal) 10 feet Reclaimed water lines (vertical - reclaimed over sewer) 18 inches Reclaimed water lines (horizontal - reclaimed over sewer) 2 feet **Any private or public water supply source, including any wells, WS-I waters of Class I or Class II impounded reservoirs used as a source of drinking water 100 feet **Waters classified WS (except WS-I or WS-V), B, SA, ORW, HQW, or SB from normal high water (or tide elevation) and wetlands (see item IX.2) 50 feet **Any other stream, lake, impoundment, or ground water lowering and surface drainage ditches 10 feet Any building foundation 5 feet Any basement I0 feet Top slope of embankment or cuts of 2 feet or more vertical height 10 feet Drainage systems and interceptor drains 5 feet Any swimming pools 10 feet Final earthgrade (vertical) 36 inches ➢ I5A NCAC 02T.0305(g) contains alternatives where separations in 02T.0305(f) cannot be achieved. ➢ **Stream classifications can be identified using the Division's NC Surface Water Classifications webpage ➢ If noncompliance with 02T.0305(f) or (g), see Section X of this application 2. Does the project comply with separation requirements for wetlands? (50 feet of separation) ® Yes ❑ No ❑ N/A ➢ See the Division's draft separation requirements for situations where separation cannot be meet 9 No variance is required if the alternative design criteria specified is utilized in design and construction ➢ As built documents should reference the location of areas effected 3. Does the project comply with setbacks found in the river basin rules per I5A NCAC 02B .0200? ® Yes ❑ No ❑ N/A ➢ This would include Trout Buffered Streams per 15A NCAC 2B.0202 4. Does the project require coverage/authorization under a 404 Nationwide or individual permits or 401 Water Quality Certifications? 9 Information can be obtained from the 401 & Buffer Permitting Branch ®Yes No 5. Does project comply with 15A NCAC 02T.0 1 05(c)(6) (additional permits/certifications)? ® Yes ❑ No Per 15A NCAC 02T.0105(c)(6), directly related environmental permits or certification applications are being prepared, have been applied for, or have been obtained. Issuance of this permit is contingent on issuance of dependent permits (erosion and sedimentation control plans, stormwater management plans, etc.). 6. Does this project include any sewer collection lines that are deemed "high -priority?" Per 15A NCAC 02T.0402, "high -priority sewer" means "any aerial sewer, sewer contacting surface waters, siphon, or sewer positioned parallel to streambanks that is subject to erosion that undermines or deteriorates the sewer. . ❑Yes ®No ❑N/A ➢ If yes, include an attachment with details for each line, including type (aerial line, size, material, and location). High priority lines shall be inspected by the permittee or its representative at least once every six -months and inspections documented per HA NCAC 02T.0403(a)(5) or the permitee's individual System -Wide Collection permit. FORM: FTA 04- 16 Page 4 of 5 CERTIFICATIONS: 1. Does the submitted system comply with 15A NCAC 02"T, the es e.,tt Criteria a for the Permitting of Pump Stations and Force Mains (latest version), and the Gravity Sewer Min nwn Design C riteria ('latest version} as applicable? Yes fl No If No, complete and submit the Variance/.Alternative Design Request application (VADC 10-14) and supporting documents. for review. Approval of the request is required prior to submittal of the Fast Track Application. and supporting documents. Professional Engineer's Certification: DE' LE- TrA) (Professional. Engineer's name from Application Item III,1.) attest that this application for has been reviewed by me and is accurate, complete and consistent with the information supplied in the plans, specifications, engineering calculations, and all other supporting documentation to the best of my knowledge. I further attest that to the best of my knowledge the proposed design has been prepared in accordance with the applicable regulations, Gravity Sewer Minimum Design Criteria for Gravity Sewers (latest version), and the Minimum Design Criteria for the Fast -Track Permitting of Pump Stations and Force Mains (latest version). Although other professionals may have developed certain portions of this submittal package, inclusion of these materials under my signature and seal signifies that 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 143-215.613, any person who knowingly makes any false statement, representation, or certification in any application package shall be guilty of a Class 2 misdemeanor, which may include a fine not to exceed $10,000, as well as civil penalties up to $25,000 per violation, North Carolina Professional Engineer's seal, signature, and date: Applicant's Certification per 15A NCAC. 02T ,0I 06(b ): AK_..�'2- ...i�1 i f'1ZrrZ (Signature Authority's name & title fro Application Item I. a est 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 criminal prosecution. l will make no claim against the Division of Water Resources should a condition. of this permit be violated. I also understand that if all required parts of this application package are not completed and that if all required supporting information and attachments are not included, this application package will be returned to me as incomplete. NOTE — In accordance with General Statutes 143-215,6A and 143-215.6B, any person who knowingly makes any false statement, representation, or certification in any application package shall be guilty of a Class 2 misdemeanor, which may include a fine not to exceed $10,000 as well as civil. penalties up to $25,000 per violation, Signature: Date: FORM: FTA 04-16 Page 5 of 5 U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW-2019-02379 County: Lincoln U.S.G.S. Quad: NC-Lowesville GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION Pennittee: Address: Telephone Number: E-mail: Size (acres) Nearest Waterway USGS HUC Shea Homes Matt Arneson 415 Iron Springs Drive Denver, NC 28037 704-812-9012 Matt.Arneson( sheahomes .com Nearest Town Stanley River Basin Santee Coordinates Latitude: 35.44438 Longitude: -81.020777 Location description: The review area is located 1000 feet West of the intersection of Fox Ridge Ct and Quail Hunt Dr in Lincoln Co. PIN: 3692538678. 85.1 Forney Creek 03050101 Description of projects area and activity: This verification authorizes the permanent fill of 0.08 acres of wetland. Applicable Law(s): ® Section 404 (Clean Water Act, 33 USC 1344) ❑ Section 10 (Rivers and Harbors Act, 33 USC 403) Authorization: NWP 29. Residential Developments SEE ATTACHED NWP GENERAL, REGIONAL, AND/OR SPECIAL CONDITIONS Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the enclosed Conditions, your application signed and dated 12/2/2019. and the enclosed plans C-4.0. C-4.1, C-4.2, C-4.3. C-4.4. C-4.5, C-4.6. C-4.7, C-4.8. & C-4.9 dated 9/14/2018. Any violation of the attached conditions or deviation from your submitted plans may subject the permittee to a stop work order, a restoration order, a Class 1 administrative penalty, and/or appropriate legal action. This verification will remain valid until the expiration date identified below unless the nationwide authorization is modified, suspended or revoked. If, prior to the expiration date identified below, the nationwide permit authorization is reissued and/or modified. this verification will remain valid until the expiration date identified below, provided it complies with all requirements of the modified nationwide permit. If the nationwide permit authorization expires or is suspended, revoked, or is modified, such that the activity would no longer comply with the terms and conditions of the nationwide permit, activities which have commenced (i.e., are under construction) or are under contract to commence in reliance upon the nationwide permit, will remain authorized provided the activity is completed within twelve months of the date of the nationwide permit's expiration, modification or revocation, unless discretionary authority has been exercised on a case -by -case basis to modify. suspend or revoke the authorization. Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality Certification. You should contact the NC Division of Water Resources (telephone 919-807-6300) to determine Section 401 requirements. For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area Management Act (LAMA), prior to beginning work you must contact the N.C. Division of Coastal Management Morehead City, NC, at (252) 808-2808. This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other required Federal. State or local approvals/permits. If there are any questions regarding this verification, any of the conditions of the Pennit, or the Corps of Engineers regulatory program, please contact Catherine NI. Janiczak at 704~-510-1438 or Catherine.iM.Janiczak(al.usace.armv.mil. Corps Regulatory Official: /iv.Date: 01/06/2019 Expiration Date of Verification: 03/18/2022 Division of Water Resources State of North Carolina Department of Environmental Quality Division of Water Resources Flow Tracking for Sewer Extension Applications (FTSE 10-18) Entity Requesting Allocation: Lake Norman Owner LP Project Name for which flow is being requested: Trilogy -Parcel E&K - Ph 3 and F2 More than one FTSE may be required for a single project if the owner of the WWTP is not responsible for allpump stations along the route of the proposed wastewater flow. 1. Complete this section only if you are the owner of the wastewater treatment plant. a. WWTP Facility Name: Kilian Creek WWTP b. WWTP Facility Permit #: NC0088722 All.flotvs are in MGD c. WWTP facility's permitted flow 3.35 d. Estimated obligated flow not yet tributary to the WWTP 1.549 e. WWTP facility's actual avg. flow 1.254 f Total flow for this specific request 0.011 g. TotaI actual and obligated flows to the facility 2.814 h. Percent of permitted flow used 84.00 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 (Name or Number) Pump Station Permit No. (A) Design Average Daily Firm Flow** Capacity, * (Firm / pt), MGD MGD (B) Approx. Current Avg. Daily Flow, MGD (C) (D)=(B+C) Obligated, Not Yet Tributary Daily Flow, MGD Total Current Flow Plus Obligated Flow (E)=(A-D) Available Capacity*** 37 WQ0032852 7.776 3.110 0.883 1.229 2.112 0.998 * The Firm Capacity (design flow) of any pump station is defined as the maximum pumped flow that can be achieved with the largest pump taken out of service. ** Design Average Daily Flow is the firm capacity of the pump station divided by a peaking factor (pf) not less than 2.5, per Section 2.02(A)(4)(c) of the Minimum Design Criteria. *** A Planning Assessment Addendum shall be attached for each pump station located between the project connection point and the WWTP where the Available Capacity is < 0. Downstream Facility Name (Sewer): Lincoln County Sewer System Downstream Permit Number: WQCS00149 Page 1 of 6 FTSE 10-18 III. Certification Statement: I Donald V. Chamblee certify to the best of my knowledge that the addition of the volume of wastewater to be permitted in this project has been evaluated along the route to the receiving wastewater treatment facility and that the flow from this project is not anticipated to cause any capacity related sanitary sewer overflows or overburden any downstream pump station en route to the receiving treatment plant under normal circumstances, given the implementation of the planned improvements identified in the planning assessment where applicable. This analysis has been performed in accordance with local established policies and procedures using the best available data. This certification applies to those items listed above in. Sections I and II plus all attached planning assessment addendums for which I am the responsible party. Signature of this form certifies that the receiving collection system or treatment works has adequate capacity to transport and treat the proposed new wastewater. j` VL Signing Official Signature Noicc. �a -(5 ��Ye--C Title of Signing Official 3/13 (22 Date Page 2 of 6 FTSE 10-18 Along with this form, submit a color copy of a USGS Topographic Map to identify the project area and waterbodies. Each map or maps must show the location of the sewer system and include location identifiers where the system traverses over or near waterbodies. The map should have location ID's for each different waterbody and corresponding classifications should be recorded. Include the completed form and map portions with the permit application for submittal to the appropriate review agency. A list of the Division's regional offices, their county coverage, and contact information can be obtained from: http://portaLncdenr.org/web/wq/home/ro Location Name of Waterbodyi River Waterbody Stream Waterbody Basin Index No. Classification If unnamed, indicate "unnamed tributary to X", where X is the named waterbody to which the unnamed tributary joins. I certify that as a Registered Professional Engineer in the State of North Carolina that I have diligently followed 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 COUNTY OF LINICOLN, NORTH CAROLINA 1 1 5 WEST MAIN STREET„ 24D FLOOR CITIZENS CENTER, LINCOLNTON, NORTH CAROLINA 28092 DEPARTMENT OF PUBLIC WORKS PHONE (704) 736-8497 FAX (704) 736-8499 WVW LINCOLNcoury Y.©RC March 13, 2020 Trilogy Lake Norman w Parcel F & K --- Attn: Eric Sauer 7242 South Little Egypt: Rd, Denver, NC 28 164 RE: Tril.oTv Lake Norman — farce Mr. Sauer. This letter is provided wastewater treatment 3 and F2 Developmen capacity at its Killian and does co clltional/1, below: nd t" — Phase 2 and f`2 Sewer Availability sponse to your request, dated September 21, 2018, for flow acceptance of the e (the "System") for the Trilogy Lake Norman — Parcel E & K — Phase irmcoln County (the "County") has the actual average daily flow :ewat:er Treatnient .Planet to treat the domestic wastewater as requested, t approval for the Project, subject„ however, to the tens and conditions 1. "1I1e auncnulmt of flow requested for the Project is for 47 units with a total flow of 1. 1,28( per day dad( 'onal flow at the NCDEQ approved reduced flow rate of 240 gallons per d home into LS-37; and 2. For the NCDEQ .Permits, the receivingsewer treatment facility, Permit #NC 0088722, The sewer collections facility is th District, Permit #WQCS 00149; and. 3. The County shall not be named as the Permittee on NCDEQ system a make the application to NCDEQ in your own name for the System; and ons per wk WWFP, er and Sewer plicat.ions. You mnust 4. Acceptance of the System and transfer al 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 ther applicable documentation requested by the County; and b. Approval of the System by NC.D:EQ, and proof provided to the by NCDEQ with an Authorization to Construct (ATC); and e. Initiating construction of the Project within two years of the date o You rnust notify the Lincoln County Public Works Department in w the Project is initiated; and d. The County continuing to have actual average daily Clow capacity wastewater as requested at the time all other conditions precedent have been satisfied. ty of a valid permit issued conditional approval, on8tructiorn of domestic 4 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-10/18) with the County's portion completed. If you have any questions, please do not hesitate to call me at 704-736-8497. Sincerely, Chuck`King Engineering Associate Cc: File ROY COOPER MICIIA.FL. S. REGAN aS 01'r-i'iCdr4' S. JAY ZIMMERMAN f 7irce-ror 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 1.43-215.1, 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. COt:s State of North Carolina 1 Enrironrental Quality 1617 Mail Service Center N Raleigh, North Carolina 27699-1617 919-707-9900 If you have any questions, please contact me at (919) 807.6383, or via email at deborahgorei ncdenrgov. 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, Water Quality Regional Operations Central Files: NO3088722 PERCS (electronic copy) STATE OF NORTH CAROLINA COUNTY OF Permit No. DEVELOPER'S OPERATIONAL AGREEMENT This AGREEMENT made pursuant to G.S. 143-215.1 (d1) and entered into this day of , by and between the North Carolina Environmental Management Commission, an agency of the State of North Carolina, hereinafter known as the COMMISSION; and LAKE NORMAN OWNER LP a corporation/general partnership registered/licensed to do business in the State of North Carolina, hereinafter known as theDEVELOPER. WINES SETH: 1. The DEVELOPER is the owner of the certain lands lying in LINCOLN County, upon which it is erecting and will erect dwelling units and other improvements, said development to beknown as TRILOGY LAKE NORMAN - PARCEL E & K - PHASE 3 AND F2 (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 DecIaration), 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 (Unit Owners' Association) _(hereinafter Association), a non-profit corporation organized and existing under and by the virtue of the laws of the State of North Carolina, for the purpose, among others, of handling the property, affairs and business of the Development; of operating, maintaining, re -constructing and repairing the common elements of the lands and improvements subject to unit ownership, including the Disposal System; and of collecting dues and assessments to provide funds for such operation, maintenance, re -construction andrepair. 6. The COMMISSION desires to assure that the Disposal System of the Development is properly constructed, maintained and operated in accordance with law and permit provisions in order to protect the quality of the waters of the State and the public interest therein. NOW, THEREFORE, in consideration of the promises and the benefits to be derived by each of the parties hereto, the COMMISSION and DEVELOPER do hereby mutually agree as follows: 1. The DEVELOPER shall construct the Disposal System in accordance with the permit and plans and specifications hereafter issued and approved by the COMMISSION, and shall thereafter properly operate and maintain such systems and facilities in accordance with applicable permit provisions andlaw. 2. The DEVELOPER shall not transfer ownership and/or control of the Disposal System to the Association until construction has been completed in accordance with the permit and approved plans, and the staff of the Division of Water Resources has inspected and approved of the facilities. In order to change the name of the permit holder, the DEVELOPER must request that the permit be reissued to the Association. The request must include a copy of the Association Bylaws andDeclaration. 3. The DEVELOPER shall not transfer, convey, assign or otherwise relinquish or release its responsibility for the operation and maintenance of its Disposal System until a permit has been reissued to the DEVELOPER's successor. FORM: DEV 11-17 Page 1 of 2 4. The. DEVELOPER shall provide in the Declaration and Association Bylaws that the Disposal System and appurtenances thereto are part of the common elements and shall thereafter be properly maintained and operated in conformity with law and the provisions of the permit for construction, operation, repair, and maintenance of the system and facilities. The Declaration and Bylaws shall identify the entire wastewater treatment, collection and disposal system as a common element which will receive the highest priority for expenditures by the Association except for Federal, State, and local taxes and insurance. 5. The DEVELOPER shall provide in the Declaration and Association Bylaws that the. Disposal. System will be maintained out of•the.common expenses. In order to assure that there shall be funds readily available to repair, maintain or construct the Disposal System, beyond the routine operation and maintenance expenses, the Declaration and Association Bylaws shall provide that a fund be created out of the common expenses. Such fund shall be separate from the routine maintenance funds allocated for the facility and shall be part of the yearly budget. 6. In the event the common expense allocation and separate fund are not adequate for the construction; repair, and maintenance of the Disposal System, the Declaration and Association Bylaws shall provide for special assessments to cover such necessary. costs. There shall be no limit on the amount of such assessments, and the Declaration and Bylaws shall provide that such special assessments can be made as necessary at any time. 7. If a wastewater collection system and wastewater treatment and/or disposal facility provided by any city, town, village, county, water and sewer authorities, or other unit. of government shall hereinafter become available to serve the Development, the DEVELOPER shall take such action asis necessary to cause the existing and future wastewater of the Development to be accepted and discharged into said governmental system, and shall convey or transfer as much of the Disposal System and such necessary easements as the governmental unit mayrequire as condition of accepting the Development's wastewater. 8. Recognizingthat it'would be contrary to the public interest and to, the public health, safety and welfare for. the Association to enter into voluntary dissolution without having made adequate provision for the continued proper maintenance, repair and operation of its Disposal System, the DEVELOPER shall provide in the Association Bylaws that the Association shall not enter into voluntary dissolution without first' having transferred its said system and facilities to some person, corporation or other entity acceptable_ to and approved by the COMMISSION by the issuance of apermit. 9. The agreement s 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 inthe 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:. LAK /t z444a P Name ofDEVELDPE FOR THE ENVIRONMENTAL MANAGEMENT COMMISSION By: Linda Culpepper (Signature) Interim Director, Division of Water Resources (Date) iG 4462 AnroverZed Print Name and Title q/i/, (Date) FORM: D.EV 11-17 Page 2 of 2 PROPOSED SANITARY SEWER TO SERVE TRILOGY PARCEL E & K - PHASE 3 AND TRILOGY PARCEL F2 PROP. TRILOGY PARCEL F2 - PHASE 3 - 8`° GRAVITY SSWR PIPE & MANHOLES PROP, TRILOGY PARCEL E & K - PHASE 3 - 8" GRAVITY SSWR PIPE & MANHOLES EXIST. TRILOGY PARCEL E & K - PHASE 1 - 8" GRAVITY SSWR PPE & MANHOLES TRILOGY PARCEL F2 PROJECT SITE TRILOGY PARCEL E & K PROJECT SITE EX9ST. TRILOGY PARCEL E & K - PHASE 2 - 8" GRAVITY SSWR PIPE & MANHOLES IST. TRILOGY PARCEL E & K - PHASE 2 - 4" FORCEMAIN EXIST. TRILOGY PARCEL E & K - PHASE 2 - PUMP STATION 35 ( IN FEET ) 'TM, 1 inch = 750 ft. >ES NCDEQ/DWR Water Quality Section — Wastewater Branch PERCS UNIT 1617 Mail Service Center Raleigh, NC 27699-1636 September 21, 2018 SUBJECT: Trilogy Lake Norman — Parcel E & K — Phase 3 and F2 Application for Sewer Extension Lincoln County, NC Ladies and Gentlemen, ESP Associates has prepared the attached Fast -Track Application for Gravity Sewer and Force Main. Included in the application is listed below • Fast -Track Sewer System. Extension Application (FTA 04-'l6) with documentation • A check for the application fee in the amount of $480 • Flow Tracking/Acceptance for Sewer Extension Application (FTSE 04-16) • Site Maps • Developer's Operational. Agreement (DEV 11-17) In summary, the projectinvolves proposed 8-inch gravity sanitary sewer to serve 47-lot subdivision. The proposed sewer will discharge into the existing pump station in Trilogy Lake Norman — Parcel E & K -- Phase 3 and F2. The proposed flow for the project is 11,280 gpd. Please do not hesitate to contact Sincerely, ESP Associates, Inc. Dan Brewer, P.E. Senior Project Manager e you have any questions or comments. ,oN,pa oral