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HomeMy WebLinkAboutWQ0019809_Regional Office Historical File Pre 2018r WAr&R Michael F. Easley, Governor QGWilliamG. Ross Jr., Secretary rNorth Carolina Department of Environment and Natural Resources or "" „,. �` Y Alan Division lof Water Quality imek, P.E., �w' Coleen H. Sullins, Deputy Director Division of Water Quality November 13, 2003 Mr. Chris Granelli, Vice President The Mulvaney Group, Ltd. 7301 Carmel Executive Park, Suite 102 Charlotte, North Carolina 28226 Subject: Permit No. WQ0019809 Modification The Mulvaney Group, Ltd. Kingstree Wastewater Collection System Extension Mecklenburg County, North Carolina Dear Mr. Granelli: in accordance with your application received on October 30, 2003, we are forwarding herewith Permit No. WQ0019809, dated November 13, 2003, to The Mulvaney group, Ltd. for the construction and operation of the subject wastewater collection system extension. This permit shall be effective from the date of issuance until rescinded, shall void Permit No. WQ0019809 issued April 23, 2001, and shall be subject to the conditions and limitations as specified therein.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. The modification includes the reduction of 851 linear feet of 8-inch gravity sewer line and the reduction of 6,840 gpd of flow that was previously permitted. Please pay particular attention to Permit Condition 3 which requires that the wastewater collection facilities be properly operated and maintained in accordance with 15A NCAC 2H .0227 or any individual system -wide collection system permit issued to the Permittee. Permitting of this project does not constitute an acceptance of any part of the project that does not meet 1)15A NCAC 2H .0200; 2) the Division of Water Quality's (Division) Gravity Sewer Minimum Design Criteria adopted February 12, 1996, as applicable; 3) and the Division's Minimum Design Criteria for the Fast -Track Permitting of Pump Stations and Force Mains adopted June 1, 2000, as applicable, unless specifically mentioned herein. Division approval is based on acceptance of the certification provided by a North Carolina -licensed Professional Engineer in the application. It shall be the Permittee's responsibility to ensure that the as -constructed project meets the appropriate design criteria and rules. Failure to comply may result in penalties in accordance with North Carolina General Statute §143-215.6A through §143-215.6C, construction of additional or replacement wastewater collection facilities, and/or referral of the North Carolina -licensed Professional Engineer to the licensing board. NCDENR Mooresville Regional Office Internet http://h2o.enr.state.nc.us/ 919 N. Main Street, Mooresville, NC 28115 Telephone (704) 663-1699 Fax (704) 663-6040 DENR Customer Service Center Telephone 1 877 623-6748 VVMr. Chris Granelli Page 2 November 13, 2003 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 Mulvaney Group, Ltd. for the continued construction and operation of approximately 7,736 linear feet of 8-inch gravity sewer to serve 416 three -bedroom residences as part of the Kingstree project, and the discharge of 79,040 gallons per day of collected domestic wastewater into Charlotte Mecklenburg Utilities' McAlpine Creek WWTP (NPDES No. NC0024970) existing sewerage system, pursuant to the application received October 30, 2003 and in conformity with 15A NCAC 2H .0200; the Division's Gravity Sewer Minimum Design Criteria adopted February 12, 1996, as applicable; the Division's Minimum Design Criteria for the Fast -Track Permitting of Pump Stations and Force Mains adopted June 1, 2000, as applicable; and other supporting data subsequently filed and approved by the Department of Environment and Natural Resources and considered a part of this permit. This permit shall become voidable unless the agreement between The Mulvaney Group, Ltd. and Charlotte Mecklenburg Utilities for collection and final treatment of wastewater is in full force and effect. The Operational Agreement between the Permittee and the Environmental Management Commission is incorporated herein by reference and shall be a condition of this permit. Noncompliance with the terms of the Operational Agreement shall subject the Permittee to all sanctions provided by North Carolina General Statutes 143-215.6A to 143-215.6C for violation of or failure to act in accordance with the terms and conditions of this permit. If any parts, requirements, or limitations contained in this permit are unacceptable, you have the right to request an adjudicatory hearing upon written request within 30 days following receipt of this permit. This request must be in the form of a written petition, conforming to Chapter 150B of North Carolina General Statutes, and filed with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27699-6714. Unless such demands are made, this permit shall be final and binding. If you need additional information concerning this matter, please contact Sonja Williams at (704) 663-1699. Sincerely, f for Alan W. Klimek, P.E. cc: Mecklenburg County Health Department Mecklenburg County Water Quality Program Mooresville Regional Office, Water Quality Section (WWTF Permit No. NC0024970) Steven Wilson, DPR Associates, Inc. Water Quality Central Files NDPU Files I NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION DEPARTMENT OF ENVIRONMENT AND NATURAL_ RESOURCES RALEIGH WASTEWATER COLLECTION SYSTEM EXTENSION PERMIT This permit shall be effective from the date of issuance until rescinded and shall be subject to the following specified conditions and limitations: 1. This permit shall become voidable unless the wastewater collection facilities are constructed in accordance with the conditions of this permit; 15A NCAC 2H .0200; the Division of Water Quality's (Division) Gravity Sewer Minimum Design Criteria adopted February 12, 1996, as applicable; the Division's Minimum Design Criteria for the Fast -Track Permitting of Pump Stations and Force Mains adopted June 1, 2000, as applicable; and other supporting materials unless specifically mentioned herein. 2. This permit shall be effective only with respect to the nature and volume of wastes described in the application and other supporting data. 3. The wastewater collection facilities shall be properly maintained and operated at all times. The Permittee shall maintain compliance with an individual system -wide collection system permit for the operation and maintenance of these facilities as required by 15A NCAC 2H .0227. If an individual permit is not required, the following performance criteria shall be met as provided in 15A NCAC 2H .0227: a. The sewer system shall be effectively maintained and operated at all times to prevent discharge to land or surface waters, and any contravention of the groundwater standards in 15A NCAC 2L .0200 or the surface water standards in 15A NCAC 2B .0200. b. A map of the sewer system shall be developed prior to January 1, 2004 and shall be actively maintained. c. An operation and maintenance plan shall be developed and implemented. d. Pump stations that are not connected to a telemetry system shall be inspected every day (Le. 365 days per year). Pump stations that are connected to a telemetry system shalt be inspected at least once per week. e. High -priority sewer lines shall be inspected at least once per every six-month period of time. f. A general observation of the entire sewer system shall be conducted at least once per year. g. Inspection and maintenance records shall be maintained for a period of at least three years. h. 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. 4. This permit shall not be transferable. In the event there is a desire for the wastewater collection facilities to change ownership, or there is a name change of the Permittee, a formal permit request shall be submitted to the Division accompanied by documentation from the parties involved, and other supporting materials as may be appropriate. The approval of this request shall be considered on its merits and may or may not be approved. 5. Construction of the gravity sewers, pump stations, and force mains shall be scheduled so as not to interrupt service by the existing utilities nor result in an overflow or bypass discharge of wastewater to the surface waters of the State. 6. Upon completion of construction and prior to operation of these permitted facilities, a certification, a copy of the construction record drawings, as well as supporting design calculations for any pump stations permitted as part of this project shall be received from a North Carolina -licensed Professional Engineer certifying that the facilities have been installed in accordance with this permit; 15A NCAC 2H .0200; 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 Main adopted June 1, 2000 as applicable; and other supporting materials. If this project is to be completed in phases and partially certified, you shall retain the responsibility to track further construction approved under the same permit, and shall provide a final certificate of completion once the entire project has been completed. A copy of the construction record drawings, indicating the facilities constructed in the phase being certified, shall be submitted with each partial certification. Mail the Engineer's Certification, one copy of the 'Construction Record Drawings," and one copy of the supporting design calculations to the Non -Discharge Permitting Unit, 1617 Mail Service Center, Raleigh, NC 27699-1617. 7. A copy of the construction record drawings shall be maintained on file by the Permittee for the life of the wastewater collection facilities. S. Failure to abide by the conditions and limitations contained in this permit; 15A NCAC 2H .0200; 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. 9. In the event that the wastewater collection facilities fail to perform satisfactorily, including the creation of nuisance conditions, the Permittee shall take immediate corrective action, including those as may be required by this Division, such as the construction of additional or replacement facilities. 10. The issuance of this permit shall not exempt the Permittee from complying with any and ail statutes, rules, regulations, or ordinances that may be imposed by other government agencies (local, state and federal) which have jurisdiction, including but not limited to applicable river buffer rules in 15A NCAC 2B .0200, erosion and sedimentation control requirements in 15A NCAC Ch. 4 and under the Division's General Permit NCG010000, and any requirements pertaining to wetlands under 15A NCAC 2B .0200 and 15A NCAC 2H .0500. r11 Noncompliance Notification: The Permittee shall report by telephone to the Mooresville Regional Office, telephone number (704) 663-1699, as soon as possible, but in no case more than 24 hours or on the next working day, following the occurrence or first knowledge of the occurrence of either of the following: a. Any process unit failure, due to known or unknown reasons, that renders the facility incapable of adequate wastewater transport, such as mechanical or electrical failures of pumps, line blockage or breakage, etc.; or b. Any failure of a pumping station or sewer line resulting in a by-pass directly to receiving waters without treatment of all or any portion of the influent to such station or facility. Persons reporting such occurrences by telephone shall also file a written report in letter 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. Permit issued this the 13th day of November, 2003. NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION for Alan W. Klimek, RE., Director Division of Water Quality By Authority of the Environmental Management Commission Permit Number WQ0019809 rNov Fast Track Engineering Certification Permit No. W00019809 Modification November 13, 2003 Complete and submit this form to the permit issuing regional office with the following: • One copy of the project record drawings (plan & profile views of sewer lines) of the wastewater collection system extension • supporting design calculations (selected pumps, system curve, operating point, available storage if portable generator(s) or storage greater than longest past three year outage reliability option selected) for any pump stations permitted as part of this project • Changes to the project should be clearly identified on the record drawings or in written summary form. Permit modifications are required for any changes resulting in non-compliance with this permit, regulations or minimum design criteria. This project shall not be considered complete nor allowed to operate until this Engineer's Certification and all required supporting documentation have been received by the Division. Therefore, it is highly recommended that this certification be sent in a manner that provides proof of receipt by the Division. ENGINEER'S CERTIFICATION ❑ Partial ❑ Final 1, , as a duly registered Professional Engineer in the State of North Carolina, having been authorized to observe (❑ periodically, ❑ weekly, ❑ full time) the construction of the Kingstree, Mecklenburg County project for the Permittee hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance of this permit; 15A NCAC 2H .0200; the Division of Water Quality's (Division) Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast -Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable; and other supporting materials. North Carolina Professional Engineer's seal, signature, and date: SEND THIS FORM & SUPPORTING DOCUMENTATION WITH REQUIRED ATTACHMENTS TO THE FOLLOWING ADDRESS MOORESVILLE REGIONAL OFFICE 919 N. MAIN STREET MOORESVILLE NC 28115 The Permittee is responsible for tracking all partial certifications up until a final certification is received. Any wastewater flow made tributary to the wastewater collection system extension prior to completion of this Engineer's Certification shall be considered a violation of the permit and shall subject the Permittee to appropriate enforcement actions. ( APPLICATION for GR,AT ' SEWERS, PUMP STATIONS, AND FORCE 9't'CA1NS PAGE 3 0 tL USE THE TAB KEY TO MOVE FROM FIELD TO FIELD! Owner: a The Mulvaney Group LTD Full Legal Name (company, municipality„ HOA, L lb. Chris Granelli, VP y Application Number: (to be completed by DWQ) VV 00 Signing Official Name and Title (Please review 15A NCAC 2H .02:06(b) for authorized signing officials!) lc. The legal entity who will own this system is. ❑ Individual ❑ Federal ❑ Municipality ❑ State/County ❑ Private Partnership d 7301 Carmel Executive Park, Suite 102 Address North Carolina 1h. 704-926-3229 1i. 704-375-4785 Telephone Facsimile ....................... 2. Project (Facility) Information. 2a, Kingstree Brief Project Name (permit will refer to this name) Contact Person: Steven S. Wilson, Design Engineer— DPR Associates, Inc. le. Charlotte Corporation ❑ Other (specify): City 28226 Zip Code E-mail 213. Mecklenburg_ County Where Project is located Name and Affiliation of Someone Who Can Answer Questions About this Application Cb. 704-332-1204 Phone Number E-mail 1. Project is ❑ New Modification (of an existing permit) If Modification Permit No,. WQO019809 For modifications, attach a separate sheet clearly explaining the reason for the modification (Le. adding another phase, changing line size/length, etc..). Only include the modified information in this permit application - do not duplicate project information in B(7) and B(10-11) that has already been included in the original permit. 2, Owner is 1 Public (skip to Item 8(3)) Private (go to Item 2(a)) 2a. If private„ applicant will be. 2b. If sold, facilities owned by a (must choose one El Retaining Ownership (i.e. store, church, single office, etc.) ❑ Leasing units (lots, townhomes, etc. - skip to Item 8(3)) Selling units (lots, townhomes, etc. - go to Item B(2b*') Charlotte Mecklenburg Utilities Owner of Wastewater Treatment Facility ( McAlpine Creek 0OA1 m Name of WWTF 5a. Charlotte Mecklenburg Utilities 5b. 8" Owner of Downstream Sewer Receiving Sewer Size 6. The origin of this wastewater is (check all that apply): Residential Subdivision ❑ Car Wash ❑ Apartments/Condominiums ❑ Institution ❑ Mobile Home Park ❑ Hospital School ❑ Church Restaurant 0 Nursing Home ❑ Office ❑ Other (specify): 3c. sswilson@dprassociates.net Volume of wastewater to be permitted in this project: 79,040 gallons per day ❑ Public Utility (Instruction III) 2'Homeowner Assoc./Developer (Instruction V) TF) Treating Wastewater From This Project 4b. NC0024970 WWTF Permit No, Permit Number of Down m Sewer (if known) 100 % Domestic/Commercial % Industrial % Other (specify): If the permitted flow is zero, indicate why. N/A 0 interceptor Line - Flow will be permitted is subsequent permits that connect to this line ❑ Flow has already been allocated In Permit No, 0 Rehabilitation or replacement of existing sewer with no new flow expected PTA n2r61 . r eN.. ti nisi; K APPLICATION for GRAVITY SEWERS, PUMP STATIONS, AND FORCE MAINS PAGE 4 I Z, 0 Q° 9. Provide the wastewater flow calculations used in determining the permitted flow in accordance with 15A NCAC 2H .0219(1) for Item B(7) or the design flow for line or pump station sizing if zero flow in the space below. Values other than that in 15A NCAC 2H .0219(1)(1-2) must be approved prior to submittal of this application. Submit a separate request to the Division of Water Quality, Non -Discharge Permitting Unit, 1617 Mail Service Center, Raleigh, NC 27699-1617 in accordance with 15A NCAC 2H .0219(1)(3). 416 units x 190 gpd/unit 10. Summary of Sewer Lines to be Permitted (attach additional sheets if necessary) Size (inches) Length (feet) Gravity or Force Main (use the pull down menu) 8" 7,736 Gravity ENTER TOTAL LINE LENGTH IN MILES 1.47 11. Summary of Pump Stations to be Permitted (attach additional sheets as necessary) N/A Location ID (self chosen - as shown on plans for cross-reference) Design Flow (MGD) Operational Point GPM c TDH Power Reliability Option (1- dual line feed; 2- permanent generator w1ATS; 3- portable generator wltelemetry; 4-wet well storage) 2. Does the sewer system comply with the Minimum Design Criteria for the Fast Track Permitting of Pump Stations and Force; Mains (latest version), the Gravity Sewer Minimum Design Criteria (latest version) and 15A NCAC 2H .0200 as applicable? 1 [.7(Yes ❑ No If no, please reference the pertinent minimum design criteria or regulation and indicate why a variance is requested: SUBMIT TWO COPIES OF PLANS, SPECIFICATIONS OR CALCULATIONS PERTINENT TO THE VARIANCE WITH YOUR APPLICATION 13. Have the following permits/certifications been submitted for approval? Wetland/Stream Crossings - General Permit or 401 Certification? ❑ Yes ❑ No/A Sedimentation nt"'e and Erosiruyv.A6vi Control �a5 eia Yes ❑ Nc ❑NIA Stormwater? �p,Jl�ut aturiny styli t11,60(ihft 1 'Yes ❑ No ❑ NIA 011166 `� 51k PTA rl2l111 -Rp., 1 116/111 CK APP1r1CATION for GRAVITY SEWERS, Pis ONS, AND FORCE MAINS PAGE 5 Use the Division's guidance document entitled, "DETERMINING STREAM CLASSIFICATIONS FOR FORM FTA 02/03 (FAST -TRACK SEWER SYSTEMS)" to collect and record the stream classification data below (attach additional sheets as necessary), This document is available from our web site or by contacting the appropriate Division of Water Quality regional office (see instructions for addresses) OR indicate the following: A Stream Classification is not needed because all parts of the project are at least 140 feet away from any down slope waterbody, AND, A Stream Classification is not needed because the design does not depend on wet well storage as a power reliability option for any pump station near a Class C down slope waterbody. Location ID on Map (self chosen - as shown on map for cross-reference) Water Body #1 Name of Waterbody County River Basin Reedy Creek Mecklenburg Yadkin aterbody Stream Waterbody Index Classification 13-17-8 Submit the 8.5" x 11" COLOR topographic map as required in Instruction VI regardless of whether a classification is provided! Applicant" Certification: 1, Chris Granefli, attest that this application for Kingstree has been reviewed by me and is accurate and complete to the best of my knowledge. I understand that if all required pads 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. Note: In accordance with North Carolina General Statutes 143-215, 6A and 143-215, 6B, any person who knowingly makes any false statement, representation, or certification in any appllcatjefl)shall be guilty of a Class 2 misdemeanor which may include a fine not to exceed $10, 000 as well as -civil p ltiep a $25, 000 per violation. Ing Gffici essiona Engineer"s Certification: I attest that this application for Kingstree has been reviewed by me and is accurate, complete and consistent with the information in the engineering plans, calculations, and all other supporting documentation to the best of my knowledge. 1 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 adopted February 12, 1996, and the Minimum Design Criteria for the Fast -Track Permitting of Pump Stations and Force Mains adopted June 1,, 2000 and the watershed classification in accordance with Division guidance, Although certain portions of this submittal package may have been developed by other professionals, inclusion of these materials under my signature and seal signifies that I have reviewed this material and have Judged it to be consistent with the proposed design. Note In accordance with NC General Statutes 143-215.6A and 143-215.68, any person who knowingly makes any false statement, representation, or certification in any application shall be guilty of a Class 2 misdemeanor which may include a fine not to exceed $1 d 000 as well as civil penalties up to $25, 000 per violation. 2a, Steven S. Wilson Professional Engineer Name 2b. DPR Associates, Inc. Engineering Firm 2c. 420 Hawthorne Lane Address 2d, Charlotte City 2g. 704-332-1204 Telephone 2h, 704-332-1 Facsimile 2i, e. NC State ................. sswllst E-mail 2f. 28204 Zip prassociates.net ��© n2/111. _ r��.1 FirTATE OF NORTH CAROLINA COUNTY OF Mecklenburg Permit No. 1n10,00 l 9 SO 9 DEVELOPER'S OPERATIONAL AGREEMENT This AGREEMENT made pursuant to G.S. 143-215.1 (di) and entered into this 23rd day of October 2003 , by and between the North Carolina Environmental Management Commission, an agency of the State of North Carolina, hereinafter known as the COMMISSION; and , a corporation/general partnership registered/licensed to do business in the State of North Carolina, hereinafter known as the DEVELOPER. WITNES SETH: 1. The DEVELOPER is the owner of the certain lands Iying in Mecklenburg County, upon which it is erecting and will erect dwelling units and other improvements, said development to be known as Kin_stree (hereinafter the Development). 2. The DEVELOPER desires, to construct a wastewater collection system with pumps, wastewater treatment works, and/or disposal facilities (hereinafter Disposal System) to provide sanitary sewage disposal to serve the Development on said lands. 3. The DEVELOPER has applied to the COMMISSION for the issuance of a permit pursuant to G.S. 143- 215.1 to construct, maintain, and operate the Disposal System. 4. The DEVELOPER has created or shall create unit ownership in said dwellings units, other improvements and lands through filing of a Declaration of Unit Ownership (hereinafter Declaration), pursuant to Chapter 47C or 47F of the North Carolina General Statutes. 5. The DEVELOPER has caused to be formed or will cause to be formed at the time of filing of the Declaration, the Kingstree HOA (hereinafter Association), a non-profit corporation organized and existing under and by the virtue of the laws of the State of North Carolina, for the purpose, among others, of handling the property, affairs and business of the Development; of operating, maintaining, re -constructing and repairing the common elements of the lands and improvements subject to unit ownership, including the Disposal System; and of collecting dues and assessments to provide funds for such operation, maintenance, re -construction and repair. b. The COMMISSION desires to assure that the Disposal System of the Development is properly constructed, maintained and operated in accordance with Iaw 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 COMIVIISSION 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 staffof the Division of Water Quality has inspected and approved of the facilities. In order to change the name of the permit holder, the DEVELOPER must request that the permit be reissued to the Association. The request must include a copy of the Association Bylaws and Declaration. 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. unDArT. rl01I rYliri, T1,,,.,, 1 ..Fr1 The DEVELOPER shaII provide in the Declaration and Association Bylaws that the Disposal System and appurtenances thereto are part of the common elements and shall thereafter be properly maintained and operated in conformity with law and the provisions of the permit for construction, operation, repair, and maintenance of the system and facilities. The Declaration and Bylaws shall identify the entire wastewater treatment, collection and disposal system as a common element which will receive the highest priority for expenditures by the Association except for Federal, State, and local taxes and insurance. 5. The DEVELOPER shall provide in the Declaration and Association Bylaws that the Disposal System will be maintained out of the common expenses. In order to assure that there shall be funds readily available to repair, maintain or construct the Disposal System, beyond the routine operation and maintenance expenses, the Declaration and Association Bylaws shall provide that a fund be created out of the common expenses. Such fund shall be separate from the routine maintenance funds allocated for the facility and shall be part of the yearly budget. 6. In the event the common expense allocation and separate fund are not adequate for the construction, repair, and maintenance of the Disposal System, the Declaration and Association Bylaws shall provide for special assessments to cover such necessary costs. There shall be no limit on the amount of such assessments, and the Declaration and Bylaws shall provide that such special assessments can be made as necessary at any time. 7. If a wastewater collection system and wastewater treatment and/or disposal facility provided by any city, town, village, county, water and sewer authorities, or other unit of government shall hereinafter become available to serve the Development, the DEVELOPER shall take such action as is necessary to cause the existing and future wastewater of the Development to be accepted and discharged into said governmental system, and shall convey or transfer as much of the Disposal System and such necessary easements as the governmental unit 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 The Mulvaney Group, LTD. MANAGEMENT COMMISSION Name ofLOPER D, By: Alan W. Klimek, .E., Direct r (Signature) Division of Water Quality (Date) l l / 13/2-003 Chris Granelli, V.P. Print Name and Title `°( 63 (Date) Dnraair. TlCXr ,v r..... -X-n 1 1 /13/03 Permit Number WQ0019809 Program Category Non -discharge Permit Type Fast Track Gravity Sewer Extension, Pump Stations, & Pressure Sewer Extensions Primary Reviewer sonja.williams Permitted Flow 0 Facility Permit Tracking Slip Status Protect Type In review Major modification Version Permit Classification Individual Permit Contact Affiliation Chris Granelli 1330 East Fourth St Ste Charlotte NC 28204 Facility Name Mulvaney Prop -Kingstree Priv. Location Address Owner Major/Minor Minor Region Mooresville County Mecklenburg Facility Contact Affiliation Owner Name The Mulvaney Group, Ltd. Dates/Events Owner Type Non -Government Owner Affiliation Chris Granelli 7301 Carmel Executive Pk Charlotte NC 28226 Scheduled Orig Issue App Received Draft Initiated Issuance 04/23/01 10/30/03 Regulated Activities Condominium Subdivision Wastewater collection Outfall NULL Public Notice Issue Effective Requested/Received Events Additional information requested Additional information received Expiration Waterbody Name Stream Index Number Current Class Subbasin CHARLOTTE. CHARLOTTE-MECKLENBURG UTILITIES October 17, 2003 Mr. Steve Wilson DPR Associates, Inc. 420 Hawthorne Lane Charlotte, NC 28204 SUBJECT: WATER AND SANITARY SEWER FLOW ACCEPTANCE KINGSTREE -TAX ID 108-061-03 (REVISED) Dear Mr. Wilson: liSCCSIMED OCT 2 0 2003 DPR ASSOCIATES In response to your request, a flow acceptance study of the subject site has been completed and it has been determined that the discharge from this project does not transmit through areas of SSO concern by the NCDENR, Division of Water Quality. Upon completion and acceptance of all necessary sewer lines to serve the subject site, Charlotte - Mecklenburg Utilities agrees to accept the sewage flow of 79,040 gallons per day (416 units x 190 gpd/unit) from this project for transmission to the McAlpine Creek Wastewater Treatment Plant; NPDES permit number NC0024970, for treatment. This acceptance of flow is based on the existing capacity of the designated publicly owned treatments works; which is contingent upon final acceptance and issuance of a discharge permit from the appropriate local, State, or Federal Agency, whichever might have control. Upon completion and acceptance of all necessary water mains, Charlotte -Mecklenburg Utilities agrees to furnish water to the subject project. The water quality to the subject project is regulated by the State Drinking Water Act Amendments of 1986 and The Water Supply Management Plan, dated January 2000, (WSMP # 00-00251 & PWS ID # 0160010) on file with the Public Water Supply Section of NCDENR. However, C-MU cannot guarantee a constant pressure or quality of flow. This agreement is also contingent upon approval by the Division of Environment, Health, and Natural Resources. Charlotte -Mecklenburg Utilities does not expect any of the above conditions preclude water or sewer service to the subject site. However, the applicant should understand that due to the involvement of other agencies and continuing growth of the water and sewer system, the ability to provide service for future projects cannot be guaranteed nor reserved. Connection to the C-MU system is accepted on a first come, first served basis. If you have any questions, please contact me at (704) 399-2221. Sincerely, CHARLOTTE-MECKLENBURG UTILITIES Ntizi Steven K. Miller Engineering, New Services CHARLOTTE-MECKLENBURG UTILITIES Engineering Division • New Services Section www.cmutilities.com 5100 Brookshire Boulevard Charlotte, NC 28216 Ph: 704/399-2221 Fax: 704/393-2219 '26 527 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT, HEALTH AND NATURAL RESOURCES RALEIGH, NORTH CAROLINA. .4854 ! SW 528 (HARRdS13URG) 529 4 (.)' MINT HILL, N. C. N 35©7.5-W8037.5/7.5 1971 PHOTOREVISED 1980 DMA 4854 11 NW —SERIES V842 Entity Names nnp rtwww.secretary.stare.nc.usrcarp orauonsISUSKW wrp.0 p rMu i u r o, NC North Carolina Elaine F. Marshal! DEPARTMENT OF THE Secretary S ECRETARY of STATE PO Box 29622 Raleirnh, NC 27626-0622 (919)807-2000 Corporations •Corporations Home Important Notice Corporate Forms Corporations FAQ .Tobacco Manufacturers 45_Verify Certification rOnline Annual Re orts I.Secretary Of State Home Business License g!Renister for E-Procurement *De.t. of Revenue legislation 1,:1999 Senate Bills 2001 Bill Summaries Annual Reports 1997 Corporations 1997 !Other a islation �Bv Corporate Name For New Corporation *13 Re • istered A • ent Online Orders Start An Order ®New Payment Procedures Date: 11/13/2003 Click here to: View Document Filings File an Annual Report I Print a prepopulated Annual Report Corporation Names Name The Mulvaney Group, Ltd. First Colony Group, Ltd. Business Corporation Information Name Type Legal Prey Legal SOSID: Status: Date Formed: Citizenship: State of Inc.: Duration: Registered Agent 0190853 Current -Active 6/20/1986 Domestic NC Perpetual Agent Name: Registered Office Address: Registered Mailing Address: Principal Office Address: Principal Mailing Address: Mullvaney. J Michael 7301 Carmel Executive Pk Suite 102 Charlotte NC 28226 7301 Carmel Executive Pk Suite 102 Charlotte NC 28226 7301 Carmel Executive Pk Suite 102 Charlotte NC 28226 No Address For questions or comments about the North Carolina Secret For questions or comments concerning the Corporations Di - Click here for help d 1 of 1 11/13/2003 12:43 PM