WQ0022689_Regional Office Historical File Pre 2018 (2)

Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E., Director
Division of Water Quality
Mr. Mark Sergent, Manager
Pulte Homes Corporation
11121 Carmel Commons Blvd., # 450
Charlotte, North Carolina 28226
June 9, 2003
1
Subject: Permit No. WQ0022689
Pulte Homes Corporation
Ballantyne Commons West- Parcel B & C
Wastewater Collection System Extension
Mecklenburg County
Dear Mr. Sergent:
In accordance with your application received on May 19, 2003, and additional information
received May 29, 2003, we are forwarding herewith Permit No. WQ0022689, dated June 9, 2003, to
Pulte Homes Corporation for the construction and operation of the subject wastewater collection
system extension. This permit shall be effective from the date of issuance until rescinded, and shall be
subject to the conditions and limitations as specified therein_ This cover letter shall be considered a part.
of this permit and is therefore incorporated therein by reference.
Please pay particular attention to Permit Condition 3 which requires that the wastewater
collection facilities be properly operated and maintained in accordance with 15A NCAC 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.
Sat
Mooresville Regional Office
919 N. Main Street, Mooresville, NC 28115
DENR Customer Service Center
Internet http:/Ih2o.enr.state.nc.usl
Telephone [phone] Fax [phone]
Telephone [phone]
NCDENR

Mr, Mark Sergent
Page 2
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 Pulte Homes Corporation for the construction and operation of approximately 2,385 linear
feet of 8-inch gravity sewer, and approximately 317 linear feet of 6-inch gravity sewer to serve 320
apartment/ condominium units as part of the Ballantyne Commons West- Parcel B & C project, and the
discharge of 43,200 gallons per day of collected domestic wastewater into the Charlotte Mecklenburg
Utilities' McAlpine Creek WWTP (NPDES No. NC0024970) existing sewerage system, pursuant to the
application received May 19, 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 Pulte Homes Corporation and
Charlotte Mecklenburg Utilities for the 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 Dee Browder at (704)
663-1699.
Sincerely,
for Alan W. Klimek, P.E.
cc: Mecklenburg County Health Department
Mecklenburg County Department of Environmental Protection
Mooresville Regional Office, Water Quality Section (WWTF Permit No. NC0024970)
Danis Simmons, ESP Associates, PA
Water Quality Central Files
NDPU Files

S.
ti
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 21...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 (i.e.
365 days per year). Pump stations that are connected to a telemetry system shall 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.
8. 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 all
statutes, rules, regulations, or ordinances that may be imposed by other government agencies
(local, state and federal) which have jurisdiction, including but not limited to applicable river buffer
rules in 15A NCAC 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.

/1
11. Noncompliance Notification:
The Permittee shall report by telephone to the Mooresville Regional Office, telephone number
[phone], 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 9th day of June, 2003.
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
for Alan W. !Clime , P.E., Director
Division of Water Quality
By Authority of the Environmental Management Commission
Permit Number WQ0022689

OK -APPLICATION for GRAVITY SEWERS, PUMP STATIONS, AND FORCE MAINS
PAGE 3
USE THE TAB KEY TO MOVE FROM FIELD TO FIELD]
Application Number:
(to be completed by DWQ) V\) [2 O022.6eci
j1. Owner:
I1a. Pulte Homes Corporation
Full Legal Name (company, municipality,HOA, etc.)
/utility, - ___
Z 1b. %%%a-t �-; lo-nU .JdJc�Lop % tCe�
0 Signing Official Name and Title (Please review 15A NCAC 2H .0206(b) for authorized signing officials!)
Q11c.
The legal entity
• Individual
■
who will own this system
Federal ❑ Municipality
is:
■ State/County 0 Private Partnership
./ Corporation
■ Other (specify):
O'Id.
11121 Carmel Commons Blvd., #450
le. Charlotte
0
LL
Street Address
City
Z I f.
NC
lg. 28226
z
State
Zip Code
j1 h.
704-543-4922
1 i. 704-543-6630
1 j.
ictH
Telephone
Facsimile
E-mail
0 ''2.
Project (Facility) Information:
'J ,2a.
a
Ballantyne Commons West - Parcel B & C I
Mecklenburg
,2b.
C
Brief Project Name (pemiit will refer to this name)
County Where Project is Located
< '3.
Contact Person:
Q '3a.
Danis Simmons, P.E., Developer's Engineer
Name and Affiliation of Someone Who Can Answer Questions About
this Application
3b.
704-583-4949
I3c. [e-mail]
Phone Number
E-mail
i1.
Project is
0 New ❑ Modification (of an existing permit)
If Modification, Permit No.:
2.
Owner is
■
Public (skip to Item B(3)) ® Private (go
to Item 2(a))
2a.
If private, applicant will be:
2b. If sold, facilities owned by a (must choose one)
I
IL
• Retaining Ownership (i.e. store, church, single office, etc.) or
• Leasing units (lots, townhomes, etc. - skip to Item B(3))
@ Selling units (lots, townhomes, etc. - go to Item B(2b))
❑ Public Utility (Instruction III)
® Homeowner Assoc./Developer (Instruction IV)
Z
Charlotte Mecklenburg Utilities Department (CMUD)
0
13.
1-- I Owner of Wastewater Treatment Facility (WWTF) Treating Wastewater From This Project
<4a. McAlpinsCreek WWTP
4b. NC0024970
i Name of WWTF
WWTF Permit No.
tY
0 5a. Pulte Home Corporation
5b. 8"
5c. WQ0019769
Z Owner of Downstream Sewer
Receiving Sewer Size
Permit Number of Downstream Sewer (if known)
H 6. The origin of this wastewater is (check all that apply):
I
WElApartments/Condominiums
tl i
❑ Residential Subdivision
• Mobile Home Park
• School
•
MIInstitution
IIIHospital
•
Car Wash
Church
100 % DomesticlCommercial
% Industrial
m
■ Restaurant
❑ Nursing Home
% Other (specify):
• Office
❑ Other (specify):
7.
Volume of wastewater to be permitted in this project: 43,200 gallons per day
• 8.
•
If the permitted flow is zero, indicate why:
• Interceptor Line - Flow will be permitted is subsequent permits that connect to this line
• Flow has already been allocated in Permit No.
❑ Rehabilitation or replacement of existing sewer with no new flow expected
FTA 02/03

CK'APPLICATION for GRAVITY SEWERS, PUMP STATIONS, AND FORCE MAINS PAGE 4
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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).
320 total Units at project completion x 135 gal/unit/day (per CMUD regulations) = 43,200 GPD
10. Summary of Sewer Lines to be Permitted (attach additional sheets if necessary)
T Gravity or Force Main
Size (inches) Length (feet) (pull down menu)
8 2,385 Gravity
6 317 Gravity
Gravity
Gravity
; Gravity
Gravity
Gravity
3
TOTAL LINE LENGTH IN MILES; 0.51 I
11. Summary of Pump Stations to be Permitted (attach additional sheets as necessary)
?
Location ID Design Flow
(as shown on plans) 1 (MGD)
Operational Point
GPM @ TDH
Power Reliability Option
(dual line feed, permanent generator w/ATS,
portable generator w/telemetry, wet well storage)
I
{
E
€12. Does the sewer system comply with the Minimum
Mains (latest version), the Gravity Sewer
Design Criteria for the Fast Track Permitting of Pump Stations and Force
Minimum Design Criteria (latest version) and 15A NCAC 2H .0200 as applicable?
the pertinent minimum design criteria or regulation and indicate why a
OR CALCULATIONS PERTINENT TO THE VARIANCE WITH YOUR APPLICATION
>:1 Yes • No If no, please reference
variance is requested:
ISUBMIT TWO COPIES OF PLANS, SPECIFICATIONS
1
13. Have the following permits/certifications been submitted for approval?
1
Wetland/Stream Crossings - General Permit or 401 Certification?
Sedimentation and Erosion Control Plan?
Stormwater?
0 Yes • No ❑ N/A
►1 Yes • No • N/A
`I Yes • No • N/A
FTA 02/03

•
CICAPPL'ICATION for GRAVITY SEWERS, PUMP STATIONS, AND FORCE MAINS
PAGE 5
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1. 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:
illy A Stream Classification is not needed because all parts of the project are at least 100 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
Name of
Waterbody County
River Basin
Waterbody Stream j Waterbody
Index ; Classification
f14G: i
yds. r.,np
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= Zar-
y Crt �'Y /p,ex
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1�.44_,
l/-/3 7- g a.V
Tim c72¢
35•a3 /
- So ��/1
Submit the 8.5" x 11" topographic map as required in Instruction VI regardless of whether a classification is providedl
D. CERTIFICATIONS
1. Applicant's Certification:
1, Al o-tK T S ! i e,v 1 , attest that this application for BALLANTYNE COMMONS WEST - PARCELS B & C
has been reviewed by me and is accurate and complete to the best of my knowledge. 1 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 retumed 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 application 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.
�la. 111 .i ' —M-, — 0 3
Signing Official Signa re Date
2. Professional Engineer's Certification:
! attest that this application for BALLANTYNE COMMONS WEST- PARCELS B & C 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 1 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 143-215.6B, 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 $10,000 as well as civil penalties up to $25,000 per violation.
2a. Danis E. Simmons
L %
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Seal, Signature
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& Date
Professional Engineer Name
2b. ESP Associates, P.A.
Engineering Firm
2c. 10915 Southern Loop Blvd.
Address
2d. Pineville �2e. NC .2f. 28134
City
State
2i. J 5 i rr1ri,
Zip
. ea
2g. 704-583-4949 .2h. 704-583-4950
_
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Telephone Facsimile E-mail
FTA 02/03

06/05/03
•Permit Number =0022689
Permit Tracking Slop
Program Category
Non -discharge
Permit Type Fast Track
Gravity Sewer Extension, Pump Stations, & Pressure Sewer
Extensions
Primary Reviewer
dee.browder
Permitted Flow
43200
Facility
Status Protect Type
In review New Project
Version Permit Classification
Individual
Permit Contact Affiliation
Facility Name
Ballantyne Commons West- Parcel B & C
Location Address
Owner
Major/Minor
Minor
Region
Mooresville
County
Mecklenburg
Facility Contact Affiliation
Owner Name
Pulte Homes Corporation
Dates/Events
Owner Type
Non-Govemment
Owner Affiliation
Mark Sergent
11121 Carmel Commons Blvd
Charlotte NC 28226
Scheduled
Orig Issue App Received Draft Initiated. Issuance
05/19/03
Regulated Activities
Public Notice Issue Effective
Apartment complex
Condominium
Outfall NULL
Requested/Received Events
Additional information requested
Additional information received
Expiration
05/23/03
05/29/03
Waterbody Name Stream Index Number
Current Class Subbasin

PAY
TO
• '',!ut' it
't.
ESP; ASSOCIATES, P.A.
P.O. BOX 7030 .'
CHARLOTTE, NC 28241
Four Hundred and 001100 Dollars
NC Dept. Environment & Natural Resources
1617 Mail Service Center
Raleigh NC 27699-1617
MERRILL LYNCH
BANK ONE, NA
.1'8.1 49
COLUMBUS, OHIO:4327,1 �t:ii-'�_i,;`=fll��-''1Si}
25-80-440 if'.;.F,,
CHECK PATa May 15;2003
• }eiE •• l�hlr '!1f;--'l;1' IJ?Is. �•'+'
00 L8 L49e i:0440008041: 04 L L5 L8 S000611■
:i
AMOUNT $400.00 %r

'STATE OF NORTH CAROLINA
COUNTY OF .7eC.44�j,6d(/
Permit No. W Q 0o22& S9
DEVELOPER'S OPERATIONAL AGREEMENT
This AGREEMENT made pursuant to G.S. 143-215.1 (d1) and entered into this / day of
47, 74 3 , by and between the North Carolina Environmental Management
Commission, an agency of the State of North Carolina, hereinafter known as the COMMISSION; and
Q fi vor (a'��,�a�ivi, , a corporation/general partnership registered/licensed to do
business in the State of North Carolina, hereinafter known as the DEVELOPER.
WITNESSETH:
1. The DEVELOPER is the owner of the certain lands lying in /�411.1U County, upon
which it is erectingand will erect dwellingunits and other im rovatnents said develo meat to be known
hi P � P
as e✓' airn 1/ix Gv�r�na s 4 /— #4r/ eSiG (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 ffo ned or will cause to be forme at the time of filing of the
Declaration, the (Enter Proposed Um Owfner Ass Ace �'I �° 'y�'Q' (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.
The DEVELOPER shall not transfer ownership and/or control of the Disposal System to the Association
until construction has been completed in accordance with the permit and approved plans, and the staff of
the Division of Water Quality has inspected and approved of the facilities. In order to change the name of
the permit holder, the DEVELOPER must request that the permit be reissued to the Association. The
request must include a copy of the Association Bylaws and Declaration.
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.
T'C T) f. r17't 7 fin n- 1 r

4. The DEVELOPER shall provide in the Declaration and Association Bylaws that the Disposal System and
{ appurtenances thereto are part of the common elements and shall thereafter be properly maintained and
operated in conformity with law and the provisions of the permit for construction, operation, repair, and. .
maintenance of the system and facilities. The Declaration and Bylaws shall identify the entire wastewater
treatment, collection and disposal system as a common element which will receive the highest priority for
expenditures by the Association except for Federal, State, and local taxes and insurance.
5. The DEVELOPER shall provide in the Declaration and Association Bylaws that the Disposal System will
be maintained out of the common expenses. In order to assure that there shall be funds readily available to
repair, maintain or construct the Disposal System, beyond the routine operation and maintenance
expenses, the Declaration and Association Bylaws shall provide that a fund be created out of the common
expenses. Such fund shall be separate from the routine maintenance funds allocated for the facility and
shall be part of the yearly budget.
6. In the event the common expense allocation and separate fund are not adequate for the construction,
repair, and maintenance of the Disposal System, the Declaration and Association Bylaws shall provide for
special assessments to cover such necessary costs. There shall be no limit on the amount of such
assessments, and the Declaration and Bylaws shall provide that such special assessments can be made as
necessary at any time.
7_ If a wastewater collection system and wastewater treatment and/or disposal facility provided by any city,
town, village, county, water and sewer authorities, or other unit of government shall hereinafter become
available to serve the Development, the DEVELOPER shall take such action as is necessary to cause the
existing and future wastewater of the Development to be accepted and discharged into said governmental
system, and shall convey or transfer as much of the Disposal System and such necessary easements as the
governmental unit 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
,G//e //awe 4.00.�ivr;
MANAGEMENT COMMISSION Name of DEVELOPER
By: "729,..--t
Alan W. Klimek, P.E., Direct dr' (Signature)
Division of Water Quality
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. ESP ASSOCIATES, P.A.
P.O.• Box 7030
CHARLOTTE, NORTH CAROLINA 28241
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WE ARE SENDING YOU X Attached
❑ Shop drawings
Copy of letter
MAY 1 9 2003
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❑ Prints
❑ Change order
0 Plans
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THESE ARE TRANSMITTED as checked below:
For approval
❑ For your use
❑ As requested
❑ For review and comment 0
❑ Approved as submitted
❑ Approved as noted
❑ Returned for corrections
O Resubmit MAY coopiesfor approve
O Submit
O Return
copies for distributi9
corrected prints
WATER WARY 8
❑ FOR BIDS DUE 0 PRINTS RETURNED AFTER LOAN TO US
REMARKS
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COPY TO �le".
SIGNED: rCl�i
If enclosures are not as noted, kindly notify us at once.
•

CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Pulte Homes Corporation
Mark T. Sergent.
11121 Carmel Commons Blvd., #450
Charlotte, NC 28226
Dear Mr. Sergent:
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E., Director
Division of Water Quality
May 23., 2003
7001 2 10 0004 8287 6739
Subject: Return of Permit Application Package
Bailantyne Commons West — Parcel B&C
Wastewater Collection System Extension
Mecklenburg County
The Division of Water Quality's Mooresville Regional Office is unable to accept the enclosed application
package (including fee) for review for the following reason(s):
Section C, Stream Classification section must be filled out.
Please note that the item(s) listed above must be included and/or completed prior to resubmitting the
permit application package (with fee) for approval. Your application is being returned as incomplete in
accordance with 15A NCAC 2H .0208. The success of the fast -track approval process depends upon
the receipt of complete and accurate applications. Please make the appropriate corrections and
resubmit the application. The review process will then begin upon receipt of the completed and/or
corrected application_
Please be advised that construction and/or operation of wastewater collection system extension without
a valid permit is a violation of North Carolina. General Statute 143-215.1 and may subject the Applicant
to appropriate enforcement actions in accordance with North Carolina General Statute 143-215.6. Civil
penalties of up to $25,000 per day per violation may be assessed for failure to secure a permit required
by North Carolina General Statute 143-215,1.
if you should have any questions regarding the acceptance of your application, please do not hesitate
to contact me at the number shown in our letterhead. Thank you for your cooperation.
Sincerely,
Environmental Engineer
Enclosures
cc: Danis Simmons, ESP Associates, P.A.
Application return file
Mooresville Regional Office
919 N. Main Street, Mooresvifle, NC 28115.
DENR Customer Service Center
An Equal Opportunity Action Employer
Internet http:/1h2o.enr.state.nc.us(
Telephone [phone] Fax [phone]
Telephone [phone]
50% recycled/10% post -consumer paper

r cry r� F bra. - •:• 7711,, _ , I:, =
Comber 4,
2000
E.S Associates.
10915 5 Southern coop Blvd.
NC 28124
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SUBJECT: : WATER AND S ANi; T !-kR`< F`ill r ACCEPTANCE
T"NCE
T CWN-OM s AT U :21ALT=t=_!N,i e 6 N_ C.',311111V DNS PAR III.A i'.
Dear M. • riiiu t:
in ;Espana —a— to Stour request ❑ study of a l8 subject site he.s -beers completed and he following has beer!
determined:•
Upon completion and accept =rare ry s ' es i n 1 1 c-
��ILan:^ G": ail h al „iN� 1in.. .�i"ica`IDI:L� l�ac,cf_nbur0 �ltiiltt_� upi�5 to
cc: lJe. u7= sewe s flow o- � oe a r!5- c ;: ? ) is inc _ +.r. C)_.1 1 � _i� li5-[3,...r. day. yuL�•i71iiL, 1 � 4: '� from this I.7r0_,...1 iur ua'15:i1fs3lCii 1 To
the i`l cAiDii'a
Creek Wastewcter Tr-ie �i Pfan: fiF.DE3 permit number rG002 �v0, for _ rsatne
ni, This
"cuenttne. CI Fiow is based a x at i + er . e 5
U on �y;a existing CaC•aCINGi Lll.-.{:•t�'aiG'i,�La:, f7uDfiC1;� GLlfil .IT at-F"il iIt=Wt7rK: wrliG.s
is contingent: upon final a:,..sptancS ai-d 1S f Ali:•_ 0 A ^''cur I the -appropriate
_ +�5�:-;E r= �Iv� �.�__ �1vif—��ornaanr��n,I�. local,
State, or Federal al Aaaa,ncv. wnichev I have i =r- o. ..i� =^ ed
_ _ _ _ _ �r ;li;�nl: h� control.. Conn...��1- n• to �� C-�L'�. system ,� on
i if ST-COM` i i ST 3E "„ s c - + - r_ projects � bne guaranteed.
_J J� iu GUG:.:� for iLtl.0 �tiiillVL be
Upon completion. and acceptance of all nezessar water ,mains, Charlotte -Me ,kienburg Utilities agrees to.
furnish water to tha.s.1Dtact oro e.c . The water quality to the subject projectis reauiated byte Stete Drinkino
\Neter Act -Amendments of 1986 and Trhe Water Supply Men-saernent Dian (WMSP - 00-00251 & ?WS IC -
01o0010) an file with. the Public Water-SunpiySe tian of NCDENR. ; lowe.ver, Civl'LJD cannot Guarant_� _
constant pressure. or -quality of flow. This. =oree,ment is eiso Contingent upon approval by the Division of
=nvfronrnent: Health; d Natural resources.
Charlotte -Mecklenburg Utilities does not BXDect any of the above CanditiCna preclude water or sever service to
the subject site. However. the =oolicant should understand_that due to the involvement of other agencies and
n 1 Leniuing. gl UYvin o the w to and sewer system, -the st-Al Ly LL L+]UVI'.S� .�. �1 VIL.- lC I iture-- project.. cannot Ue
guaranteed nor reserved;• - . .
If you have any questions, you may contact me at (704) 391-510 ,
Sincerely,.
CHARL O T -t E-M=CKLENBUi C UT1L. s i.=S
t
Steven K. Miller
=ncinaaring, New Services
Ertgi wring DiVi'ai^1. FICA Eauitward i 2g2 04.39 _= PBS: 1ri ,•,' " ?0 :I�rio�.:. �(C cl_.1 o anon= r •._ tr.:

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Oc b4, 20n0
Associ^ e3
109.15 Southern Loop Blvd.
Pineville., NC 28134
r u I
u mar E J k�wx
WATER 14D t:.i=t11\l1 i. Rzi SFWE FLOW ACC r.. TANG
TC' NHONIFE.i AT U : 5,1 AT terJ 2.14iE C COMMONS RAFilartfAY
D7ar Smith:
In response to 9Our request a study of the subiect site ilasybeen o.omolet=d and the following has been
deteri Ii fined:
•
Upon completion and accaptaric=of .1l rt= ==c rd
_=eWe _haricts-Mecki ourg Utilities = -az to
acc Q=thtis aceflowo€O?,i1� "aii�ia•7nr C-v12 "D) from this, praf.for Lanamisalyr.T_-r
ire Ni Alpine Cr i. ijlrastewa r==trn ;i- JiEr NF' permit number NG 02 97C, for treatment. Triiti
...aseJLrriZE CT I'rOW is Daseo on1 thei existingg of the desi r laved publicly owned sT?'trr ants Works.: whic
is ..a(ttlnLSrs Upon final Hasp�n� -- --OF ILA L�=` from the. appropriate. local, ,
StaT.a or Federal Agency; whichever ver mtcnt have control. ' ;nneci1Ori to w fe lx /ii-IU system( is•. -•zea on
i IRS-CMIViE i iR5 1 -•SE �_ basis, c2 .ure projects r=:gu e
t _ uir i59 -- ..cua;ty ToriLi"t_, rJ�...,..,: ,, iliuZ D.. _ ai•isi.,.,...
Upon compie ion and acceptance of all neoassar y' water mains, I heriotr=beck enburo ULilEites agree to
furnish waterto the.S• iDtecit proiect. € i5 v t r duality to the subject project is rcouiaieo byte- to ;.ate Drinidno
Water .Actme Amendments 71 F •' =r Supply{ o n 7 1 C 25
ridrn - � 98,E ne i na !�; 2. �ar�=g,..nl ni Plan (V1, 4`�1,..>� � OD-00��1 & ?1AlS ID
0160010) on fine with. the_Publiv Wat r'Sluppiy..Sei-..tion of INCD.WR. ; ;owever, CMUD cannot auar:aT55
constant pressure or -quality of flow. This. eareerrient is aiso contingent upon approval by the Division of
Environment, 'Health' and Natural Re..saurcas. -
Chariatte-Iviecklenburg Utuitles doss not exoect anv of the. above conditions preaiude water or SsWer service: to
the subject. Site. However, the-Dollcar lz should undo sand that due la the involvement of Other agencies and
4U1 tll! hilt Ig gr o th of the at5r acid sewer system, the ability i ill VViUC s.�: Vlc.a for tutor e. Ul ojec .7 LCI 13 SUi pe
guaranteed rior reserv$D: •
If you have any questions, you may contact m= at (7 04) 39 -510T
Sincerely,.
CHARLOTT: S-ME'L`KL=NSUr G UTILITIES
/1/ t
•_
Steven K. Wilier
iglnecr i It:. New :Services

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North Carolina Di
November 6, 2006
Scott Chi
ESP Astites, P.A.
Q:t '° 030
otte, NC 28241
Michael. F. Easley, Governor
NOV 0 8 200
WATER()W�*}!1«SE,
4U �C+�Nwa
Secretary
1urccs
P.E., Director
Quality
Subject: Incomplete/Inadequate Engineering Certification
Ballantyne Commons West Parcels B & C
Permit Number WQ0022689
Mecklenburg County
Dear Mr. Childers::
Regretfully, the Division can not accept the submitted engineering certification for the subject
permit due to the following reasons:
The Division no longer accepts typed certification letters. Only the approved Engineering Certification
Form provided as the last page in the issued permit is accepted. Proper Cert page is attached.
❑ Record drawings are not present.
❑ Pump station calculations are not present. These are required upon completion of ail projects issued a
permit through the Division's fast track process.
Project changes are not evident in the record drawings or provided in written form nor is there any
indication that the project was completed with minimal changes that are in conformance with all statutes,
regulations and our Minimum Design Criteria (if applicable).
❑ Partial or full certification is not indicated on the Engineering Certification Form or record drawings.
❑ PE seal, signature or date is missing from the Engineering Certification Form, record drawings and/or pump
station calculations (if applicable).
❑ The record drawings do not show all of the required information (i.e. plan/profile of all sewer li
treatment component locations and sizes, site map, etc.).
0 Inspection frequency is not specified on the Engineering Certification Form.
El
The partial certification does not show a completed project section or phase.
Other: Please submit proper paperwork to the address on the letterhead.
Please make the appropriate corrections and resubmit the engineering certification along with a copy
of this letter, to the appropriate regional office if noted on the certification form by December 7,2006 . It
is recommended that delivery of certifications provide some method of proof of receipt by the Division.
Receipt of engineering certifications in no way absolves the Permittee's responsibility to ensure the
project meets all statutes, regulations and design criteria associated with the project.
Note that the Division reorganized. All sewer related matters are now handled through the
Pretreatment, Emergency Response and Collection Systems Unit under the Point Source Branch. The
Unit is located on the 13th floor of the Archdale building in downtown Raleigh. Please ensure the
letterhead information is used for all correspondence to ensure timely delivery.
One
NarthCar©lina
Naturally
Pretreatment, Emergency Response and Collection Systems Unit
1617 Mail Service Center, Raleigh, NC 27699-1617
Telephone [phone] Fax [phone]
Internet http:/lh2o.enr.nc.statc.us/peres
An. Equal Opportunity Action Employer
50% recycicdi10% post -consumer paper

Page 2 of 2
If you have any question regarding this letter, please feel free to contact me at 919-733-5083, extension
526.
Enclosure
CC:
Mark Sergent-Manager
Charlotte, NC 28226
Central Files - WQ0022689
Sincerely,
Tom Ascenzo
Environmental Technician
21 Carmel Commons Bldv. #450