HomeMy WebLinkAboutWQ0040122_Owner (Name Change)_20211006DocuSign Envelope ID: 762513A7-0362-4AD8-8E4C-291D7B578A6B
R.OY COOPER.
Governor
ELIZABETH S. BISER
Secretary
S. DANIEL SMITH
Director
NORTH CAROLINA
Environmental Quality
10/6/2021
Alexander Road Partners, LLC Manager
Fred Caliguiri
4530 Park Road, Suite 490
Charlotte, NC 28209
Subject: Change of Ownership Approval
Permit No. WQ0040122
The Manors
Mecklenburg County
Dear Mr. Caliguiri:
Division personnel have reviewed and approved your permit modification request for Permit No.
WQ0040122. This modification is to change ownership from the Grandfather Homes, Inc to Alexander Road
Partners, LLC, and Alexander Road Partners, LLC is now responsible for the continued operation and
maintenance of the subject wastewater collection extension. Our database has been revised to reflect the
ownership change. This cover letter shall be considered a part of this permit and is therefore incorporated
therein by reference.
The Permittee shall maintain compliance with its individual system -wide collection system permit for the
operation and maintenance of these facilities as required by 15A NCAC 2T .0400 and G.S 143-215.9B. If you
have any other questions regarding this matter, please contact Kristin Litzenberger at (919) 707-3699 [email:
Kristin. Litzenberger@ncdenr.gov].
Sincerely,
—DocuSigned by:
- C464531431644 F E..
for S. Daniel Smith, Director
Division of Water Resources, NCDEQ
enclosures: Permit No. WQ0040122
.0403 Supplement
Operational Agreement
cc: Matthew Ewers, President, Grandfather Homes, Inc. (matt@grandfatherhomes.com)
Mooresville Regional Office, Water Quality Regional Operations Section
Municipal Unit Files (electronic copy)
NORTH
oewrtmoot or Envimemmmi oeei`
North Carolina Department of Environmental Quality Division of Water Resources
512 North Salisbury Street 11617 Mail Service Center I Raleigh, North Carolina 27699-1617
919.707.9000
DocuSign Envelope ID: 762513A7-0362-4AD8-8E4C-291D7B578A6B
15A NCAC 02T .0403 PERMITTING BY REGULATION
(a) Collection systems having an actual, permitted or Division approved average daily flow less than
200,000 gallons per day are deemed permitted pursuant to Rule .0113 of this Subchapter provided
the system meets the criteria in Rule .0113 of this Subchapter and all specific criteria required in this
Rule:
(1) The sewer system is effectively maintained and operated at all times to prevent discharge to
land or surface waters, and to prevent any contravention of groundwater standards or
surface water standards.
(2) A map of the sewer system has been developed and is actively maintained.
(3) An operation and maintenance plan including pump station inspection frequency,
preventative maintenance schedule, spare parts inventory and overflow response has been
developed and implemented.
(4) Pump stations that are not connected to a telemetry system (i.e., remote alarm system) are
inspected by the permittee or its representative every day (i.e., 365 days per year). Pump
stations that are connected to a telemetry system are inspected at least once per week.
(5) High -priority sewers are inspected by the permittee or its representative at least once every
six -months and inspections are documented.
(6) A general observation by the permittee or its representative of the entire sewer system is
conducted at least once per year.
(7) Overflows and bypasses are reported to the appropriate Division regional office in
accordance with 15A NCAC 02B .0506(a), and public notice is provided as required by G.S.
143-215.1C.
(8) A Grease Control Program is in place as follows:
(A) For publicly owned collection systems, the Grease Control Program shall include at
least biannual distribution of educational materials for both commercial and
residential users and the legal means to require grease interceptors for new
construction and retrofit, if necessary, of grease interceptors at existing
establishments. The plan shall also include legal means for inspections of the grease
interceptors, enforcement for violators and the legal means to control grease
entering the system from other public and private satellite sewer systems.
(B) For privately owned collection systems, the Grease Control Program shall include at
least biannual distribution of grease education materials to users of the collection
system by the permittee or its representative.
(C) Grease education materials shall be distributed more often than required in Parts
(A) and (B) of this Subparagraph if necessary to prevent grease -related sanitary
sewer overflows.
(9) Right-of-ways and easements are maintained in the full easement width for personnel and
equipment accessibility.
(10)Documentation shall be kept for Subparagraphs (a)(1) through (a)(9) of this Rule for a
minimum of three years with exception of the map, which shall be maintained for the life of
the system.
(b) Private collection systems on a single property serving an industrial facility where the domestic
wastewater contribution is less than 200,000 gallons per day shall be deemed permitted.
(c) The Director may determine that a collection system should not be deemed to be permitted in
accordance with this Rule and Rule .0113 of this Subchapter. This determination shall be made in
accordance with Rule .0113(e) of this Subchapter.
History Note: Authority G.S. 143-215.1(a); 143-215.3(a); 143-215.9B;
Eff. September 1, 2006.
DocuSign Envelope ID: 762513A7-0362-4AD8-8E4C-291D7B578A6B
ROY COOPER
Governor
Water Resources
Environmental Quality
June 29, 2018
Mr. Matt Ewers, Developer
Grandfather Homes, Inc.
1111 Central Avenue
Charlotte, NC 28204
MICHAEL S. REGAN
Secretary
LINDA CULPEPPER
Interim Director
Subject: Permit No. WQ0040122
Grandfather Homes, Inc.
The Manors
Wastewater Collection System Extension Permit
Mecklenburg County
Dear Mr. Ewers:
In accordance with your application received June 29, 2018, we are forwarding herewith Permit No.
WQ0040122 dated June 29, 2018, to Grandfather Homes, Inc. (Permittee) for the construction and
operation upon certification of the subject wastewater collection system extension. This permit shall be
effective from the date of issuance until rescinded, and shall be subject to the conditions and limitations
as specified therein. This cover letter shall be considered a part of this permit and is therefore
incorporated therein by reference.
Please pay particular attention to the following conditions contained within this permit:
Condition 11.1: This permit shall not be automatically transferable; a request must be made and
approved.
Condition 11.4:
Requires that the wastewater collection facilities be properly operated and maintained
in accordance with 15A NCAC 2T .0403 or any individual system -wide collection system
permit issued to the Permittee.
It shall be the responsibility of the Permittee to ensure that the as -constructed project meets the
appropriate design criteria and rules. Failure to comply may result in penalties in accordance with North
Carolina General Statute §143-215.6A through §143-215.6C, construction of additional or replacement
wastewater collection facilities, and/or referral of the North Carolina -licensed Professional Engineer to
the licensing board.
If any parts, requirements, or limitations 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 150E of North Carolina General
Statutes, and filed with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC
27699-6714. Unless such demands are made, this permit shall be final and binding.
'Nothing Compares
State of North Carolina I Environmental Quality I Water Resources I Water Quality Regional Operations
Mooresville Regional Office 1610 East Center Avenue, Suite 301 I Mooresville, North Carolina 28115
704-663-1699
DocuSign Envelope ID: 762513A7-0362-4AD8-8E4C-291D7B578A6B
If you need additional information concerning this matter, please contact Barry Love at (704) 235-2143
or via e-mail at barry.love@ncdenr.gov.
Sincerely,
,r--- DocuSigned by:
`—A14CC681 AF27425...
by W. Corey Basinger, Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office
Division of Water Resources, NCDEQ
cc: Brian Smith, P.E. (e-copy)
Charlotte Water (e-copy)
Tommy Rowland (e-copy)
Regional Office Files
Water Resources Central Files
PERCS (e-copy)
DocuSign Envelope ID: 762513A7-0362-4AD8-8E4C-291D7B578A6B
Environmental
Quality
WASTEWATER COLLECTION SYSTEM EXTENSION PERMIT
In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina as
amended, and other applicable Laws, Rules, and Regulations, permission is hereby granted to
Grandfather Homes, Inc.
Mecklenburg County
for the construction and operation of approximately 470 linear feet of 8-inch gravity sewer as part of the
The Manors project, and the discharge of 1,520 gallons per day of collected domestic wastewater into the
Charlotte Water existing sewerage system, pursuant to the application received June 29, 2018, and in
conformity with 15A NCAC 2T; the Division's Gravity Sewer Minimum Design Criteria adopted February
12, 1996, as applicable; the Division's Minimum Design Criteria for the Fast -Track Permitting of Pump
Stations and Force Mains adopted June 1, 2000, as applicable; and other supporting data subsequently
filed and approved by the Department of Environmental Quality and considered a part of this permit.
This permit shall be effective from the date of issuance until rescinded and shall be subject to the specified
cnocuo gseaand:limitations contained therein.
"-A14CC681AF27425...
by W. Corey Basinger, Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office
Division of Water Resources, NCDEQ
Permit Number: WQ0040122
Permit Issued: June 29, 2018
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DocuSign Envelope ID: 762513A7-0362-4AD8-8E4C-291D7B578A6B
SUPPLEMENT TO PERMIT COVER SHEET
Grandfather Homes, Inc. is hereby authorized to:
Construct, and then operate upon certification the aforementioned wastewater collection extension. The
sewage and wastewater collected by this system shall be treated in the Charlotte Water McAlpine Creek
Wastewater Treatment Plant in accordance with Permit Number NC0024970.
Permitting of this project does not constitute an acceptance of any part of the project that does not meet
15A NCAC 2T; the Division's Gravity Sewer Minimum Design Criteria adopted February 12, 1996, as
applicable; and the Division's Minimum Design Criteria for the Fast -Track Permitting of Pump Stations and
Force Mains adopted June 1, 2000, as applicable, unless specifically mentioned herein. Division approval
is based on acceptance of the certification provided by a North Carolina -licensed Professional Engineer in
the application. It shall be the Permittee's responsibility to ensure that the as -constructed project meets
the appropriate design criteria and rules.
Construction and operation is contingent upon compliance with the Standard Conditions and any Special
Conditions identified below.
I. SPECIAL CONDITIONS
1. No flow in excess of the quantity permitted herein, 1,520 gallons per day, shall be made tributary to
the subject sewer system until an application for permit modification for an increase in flow has been
submitted to and approved by the Division. [15A NCAC 02T.0304(b)]
2. This permit shall become voidable unless the agreement between Grandfather Homes, Inc. and
Charlotte Water for the collection and final treatment of wastewater is in full force and effect. [15A
NCAC 02T.0304(h)]
3. 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. [15A NCAC 02T.0115]
II. STANDARD CONDITIONS
1. This permit is not transferable. In the event there is a desire for the wastewater collection facilities
to change ownership, or there is a name change of the Permittee, a formal permit request shall be
submitted to the Division accompanied by documentation from the parties involved, and other
supporting materials as may be appropriate. The approval of this request shall be considered on its
merits and may or may not be approved. [15A NCAC 02T.0104; G.S 143-215.1(d3)]
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DocuSign Envelope ID: 762513A7-0362-4AD8-8E4C-291D7B578A6B
2. This permit shall become voidable unless the wastewater collection facilities are constructed in
accordance with the conditions of this permit; 15A NCAC 2T; the Division's Gravity Sewer Minimum
Design Criteria adopted February 12, 1996, as applicable; the Division's Minimum Design Criteria for
the Fast -Track Permitting of Pump Stations and Force Mains adopted June 1, 2000, as applicable; and
other supporting materials unless specifically mentioned herein. [15A NCAC 02T.0110]
3. This permit shall be effective only with respect to the nature and volume of wastes described in the
application and other supporting data. [15A NCAC 02T .0110]
4. The wastewater collection facilities shall be properly maintained and operated at all times. The
Permittee shall maintain compliance with an individual system -wide collection system permit for the
operation and maintenance of these facilities as required by 15A NCAC 2T .0403. If an individual
permit is not required, the following performance criteria shall be met: [15A NCAC 02T .0108(b)]:
a. The sewer system shall be effectively maintained and operated at all times to prevent discharge
to land or surface waters, and to prevent any contravention of groundwater standards or surface
water standards.
b. A map of the sewer system shall be developed and shall be actively maintained.
c. An operation and maintenance plan including pump station inspection frequency, preventative
maintenance schedule, spare parts inventory and overflow response has been developed and
implemented.
d. Pump stations that are not connected to a telemetry system shall be inspected every day (i.e. 365
days per year). Pump stations that are connected to a telemetry system shall be inspected at
least once per week.
e. High -priority sewer lines shall be inspected at least once per every six -months and inspections are
documented.
f. A general observation of the entire sewer system shall be conducted at least once per year.
g. Overflows and bypasses shall be reported to the appropriate Division regional office in accordance
with 15A NCAC 2B .0506(a), and public notice shall be provided as required by North Carolina
General Statute §143-215.1C.
h. A Grease Control Program is in place as follows:
1. For public owned collection systems, the Grease Control Program shall include at least
biannual distribution of educational materials for both commercial and residential users and
the legal means to require grease interceptors at existing establishments. The plan shall also
include legal means for inspections of the grease interceptors, enforcement for violators and
the legal means to control grease entering the system from other public and private satellite
sewer systems.
5
DocuSign Envelope ID: 762513A7-0362-4AD8-8E4C-291D7B578A6B
2. For privately owned collection systems, the Grease Control Program shall include at least bi-
annual distribution of grease education materials to users of the collection system by the
permittee or its representative.
3. Grease education materials shall be distributed more often than required in Parts (1) and (2)
of this Subparagraph if necessary to prevent grease -related sanitary sewer overflows.
i. Right-of-ways and easements shall be maintained in the full easement width for personnel and
equipment accessibility.
j. Documentation shall be kept for Subparagraphs (a) through (i) of this Rule for a minimum of three
years with exception of the map, which shall be maintained for the life of the system.
5. The Permittee shall report by telephone to a water resources staff member at the Mooresville
Regional Office, telephone number (704) 663-1699, as soon as possible, but in no case more than 24
hours, following the occurrence or first knowledge of the occurrence of either of the following:
a. Any process unit failure, due to known or unknown reasons, that renders the facility incapable
of adequate wastewater transport, such as mechanical or electrical failures of pumps, line
blockage or breakage, etc.; or
b. Any SSO and/or spill over 1,000 gallons; or
c. Any SSO and/or spill, regardless of volume, that reaches surface water
Voice mail messages or faxed information is permissible, but this shall not be considered as the initial
verbal report. Overflows and spills occurring outside normal business hours may also be reported to
the Division of Emergency Management at telephone number (800) 858-0368 or (919) 733-3300.
Persons reporting any of the above occurrences shall file a spill report by completing and submitting
Part I of Form CS-SSO (or the most current Division approved form) within five days following first
knowledge of the occurrence. This report must outline the actions taken or proposed to be taken to
ensure that the problem does not recur. Part 11 of Form CS-SSO (or the most current Division approved
form) can also be completed to show that the SSO was beyond control. [G.S. 143-215.1C(a1)]
6. 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. [15A NCAC 02T.0108(b)]
7. Upon completion of construction and prior to operation of these permitted facilities, the completed
Engineering Certification form attached to this permit shall be submitted with the required supporting
documents to the address provided on the form. A complete certification is one where the form is
fully executed and the supporting documents are provided as applicable. Any wastewater flow made
tributary to the wastewater collection system extension prior to completion of this Engineer's
Certification shall be considered a violation of the permit and shall subject the Permittee to
appropriate enforcement actions.
If the permit is issued to a private entity with an Operational Agreement, then a copy of the Articles
of Incorporation, Declarations/Covenants/Restrictions, and Bylaws that have been appropriately
filed with the applicable County's Register of Deeds office shall be submitted with the certification.
6
DocuSign Envelope ID: 762513A7-0362-4AD8-8E4C-291D7B578A6B
A complete certification is one where the form is fully executed and the supporting documents are
provided as applicable. Supporting documentation shall include the following:
a. One copy of the project construction record drawings (plan & profile views of sewer lines & force
mains) of the wastewater collection system extension. Final record drawings should be clear on
the plans or on digital media (CD or DVD disk) and are defined as the design drawings that are
marked up or annotated with after construction information and show required buffers,
separation distances, material changes, etc.
b. One copy of the supporting applicable design calculations including pipe and pump sizing,
velocity, pump cycle times, and level control settings, pump station buoyancy, wet well storage,
surge protection, detention time in the wet well, and force main, ability to flush low points in
force mains with a pump cycle, and downstream sewer capacity analysis. If a portable power
source or pump is dedicated to multiple stations, an evaluation of all the pump stations' storage
capacities and the rotation schedule of the portable power source or pump, include travel
timeframes, shall be provided.
c. Changes to the project that do not result in non-compliance with this permit, regulations, or the
Minimum Design Criteria should be clearly identified on the record drawings, on the certification
in the space provided, or in written summary form.
Prior to Certification (Final or Partial): Permit modifications are required for any changes resulting in
non-compliance with this permit (including pipe length increases of 10% or greater, increased flow,
pump station design capacity design increases of 5% or greater, and increases in the number/type of
connections), regulations, or the Minimum Design Criteria. Requested modifications or variances to
the Minimum Design Criteria will be reviewed on a case -by -case basis and each on its own merit.
Please note that variances to the Minimum Design Criteria should be requested and approved during
the permitting process prior to construction. After -construction requests are discouraged by the
Division and may not be approved, thus requiring replacement or repair prior to certification &
activation. [15A NCAC 02T .0116]
8. Gravity sewers installed greater than ten percent below the minimum required slope per the Division's
Gravity Sewer Minimum Design Criteria shall not be acceptable and shall not be certified until
corrected. If there is an unforeseen obstacle in the field where all viable solutions have been
examined, a slope variance can be requested from the Division with firm supporting documentation.
This shall be done through a permit modification with fee. Such variance requests will be evaluated
on a case -by -case basis. Resolution of such request shall be evident prior to completing and submitting
the construction certification. [ 15A NCAC 02T.0105(n)]
9. A copy of the construction record drawings shall be maintained on file by the Permittee for the life of
the wastewater collection facilities. [15A NCAC 02T .0116]
10. Failure to abide by the conditions and limitations contained in this permit; 15A NCAC 2T; the Division's
Gravity Sewer Design Criteria adopted February 12, 1996, as applicable; the Division's Minimum
Design Criteria for the Fast -Track Permitting of Pump Station and Force Mains adopted June 1, 2000,
as applicable; and other supporting materials may subject the Permittee to an enforcement action by
the Division, in accordance with North Carolina General Statutes §143-215.6A through §143-215.6C,
construction of additional or replacement wastewater collection facilities, and/or referral of the North
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DocuSign Envelope ID: 762513A7-0362-4AD8-8E4C-291D7B578A6B
Carolina -licensed Professional Engineer to the licensing board. [15A NCAC 02T .0104; 15A NCAC 02T
.0108(b-c)]
11. In the event that the wastewater collection facilities fail to perform satisfactorily, including the
creation of nuisance conditions, the Permittee shall take immediate corrective action, including those
as may be required by this Division, such as the construction of additional or replacement facilities.
[15A NCAC 02T .0110; 15A NCAC 02T .0108(b)]
12. The issuance of this permit shall not exempt the Permittee from complying with any and all statutes,
rules, regulations, or ordinances that may be imposed by the Division any other Federal, State, or
Local government agencies which have jurisdiction or obtaining other permits which may be
required by the Division or any other Federal, State, of Local government agencies. [G.S. 143-
215.1(b)]
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DocuSign Envelope ID: 762513A7-0362-4AD8-8E4C-291D7B578A6B
FAST TRACK SEWER ENGINEERING CERTIFICATION
PERMITTEE:
PERMIT #:
PROJECT:
ISSUE DATE:
Grandfather Homes, Inc.
WQ0040122
The Manors
June 29, 2018
This project shall not be considered complete nor allowed to operate in accordance with Condition 7 of
this permit until the Division has received this Certification and all required supporting documentation. It
should be submitted in a manner that documents the Division's receipt. Send the required documentation
the Regional Supervisor, Water Quality Regional Operations Section at the address at the bottom.
Any wastewater flow made tributary to the wastewater collection system extension prior to completion
of this Certification shall be considered a violation of the permit and shall subject the Permittee to
appropriate enforcement actions. The Permittee is responsible for tracking all partial certifications up
until a final certification is received. A Final Certification shall be a complete set of record drawings and
design calculations regardless of whether partials have been submitted.
PERMITTEE'S CERTIFICATION
I, the undersigned agent for the Permittee, hereby state that this project has been constructed pursuant
to the applicable standards & requirements, the Professional Engineer below has provided applicable
design/construction information to the Permittee, and the Permittee is prepared to operate & maintain
the wastewater collection system permitted herein or portions thereof.
Printed Name, Title
Signature Date
ENGINEER'S CERTIFICATION
I, , 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
project name and location as referenced above for the above Permittee hereby state that, to the best of
my abilities, due care and diligence was used in the observation of the construction such that the
construction was observed to be built within substantial compliance of this permit; 15A NCAC 02T; the
Division of Water Resources' (Division) Gravity Sewer Minimum Design Criteria adopted February 12,
1996, as applicable; the Division's Minimum Design Criteria for the Fast -Track Permitting of Pump Stations
and Force Mains adopted June 1, 2000, as applicable; and other supporting materials.
North Carolina Professional Engineer's Seal w/signature & date:
❑ Final ❑ Partial (include description)
Certification Comments/Qualifiers (attach if necessary):
State of North Carolina I Environmental Quality I Water Resources I Water Quality Regional Operations
Mooresville Regional Office' 610 East Center Avenue, Suite 301 I Mooresville, North Carolina 28115
704 663 1699
DocuSign Envelope ID: 762513A7-0362-4AD8-8E4C-291D7B578A6B
Central Files: APS _ SWP
6/29/2018
Permit Number WQ0040122 Permit Tracking Slip
Program Category Status Project Type
Non -discharge Active New Project
Permit Type Version Permit Classification
Gravity Sewer Extension, Pump Stations, & Pressure Sewer Extensions 1.00 Individual
Primary Reviewer Permit Contact Affiliation
barry.love
Coastal SWRuIe
Permitted Flow
1,520
Facility
Facility Name Major/Minor Region
The Manors Minor Mooresville
Location Address County
Mecklenburg
Facility Contact Affiliation
Owner
Owner Name
Grandfather Homes Inc
Dates/Events
Owner Type
Non -Government
Owner Affiliation
Matt Ewers
1111 Central Ave
Charlotte
NC 28204
Orig Issue
6/29/2018
App Received Draft Initiated
6/29/2018
Scheduled
Issuance Public Notice Issue Effective Expiration
6/29/2018 6/29/2018
Regulated Activities Requested /Received Events
Subdivision Additional information requested
Wastewater collection
Outfatl
Additional information received
Waterbody Name Streamindex Number Current Class Subbasin
DocuSign Envelope ID: 762513A7-0362-4AD8-8E4C-291 D7B578A6B
STATE OF 'v. rit i ; r -vROLINA
COUNTY OF Mecklenburg
Permit No. WQ0040122
of
OPERATIONAL AGREEMENT
This AGREEMENT made pursuant to G.S. 143-2 1 5.1 (di) and entered into this
23
day
June 2020 . by and between the North Carolina Environmental Management
Commission, an agency of the State of North Carolina, hereinafter known as the COMMISSION, and
Alexander Road Partners, LLC , a corporation,'general partnership re, Gc�r�SIt
`
business in the State of North Carolina, hereinafter known as the DEVELOPER. JUL 0 9 2020
WITN ESSETI-f:
BY;
l . The DEVELOPER is the owner of the certain lands lying in Mecklenburg County, upon
which it is erecting and will erect dwelling units and other improvements, said development to be known
as The Manors (hereinafter the Development).
2. The DEVELOPER desires, to construct a wastewater collection system with pumps, wastewater treatment
works, and/or disposal facilities (hereinafter Disposal System) to provide sanitary sewage disposal to
serve the Development on said lands.
3. The DEVELOPER has applied to the COMMISSION For the issuance of a permit pursuant to G.S. 143-
215.1 to construct, maintain, and operate the Disposal System,
4. The DEVELOPER has created or shall create unit ownership in said dwellings units, other improvements
and lands through filing of a Declaration of Unit Ownership (hereinafter Declaration), pursuant to Chapter
47C of the North Carolina General Statutes.
5. The DEVELOPER has caused to be formed or will cause to be Farmed at the time of filing of the
Declaration, the (Unit Owners' Association) The Manors, 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; or operating, maintaining, re -constructing and repairing the common elements or the
lands and improvements subject to unit ownership. including the Disposal System; and of collecting dues
and assessments to provide funds for such operation, maintenance, re -construction and repair.
6. The COMMISSION desires to assure that the Disposal System of the Development is properly
constructed, maintained and operated in accordance with law and permit provisions in order to protect the
quality of the waters of the State and the public interest therein.
NOW, THEREFORE, in consideration of the promises and the benefits to be derived by each of the parties
hereto, the COMMISSION and DEVELOPER do hereby mutually agree as follows:
I. The DEVELOPER shall construct the Disposal System in accordance with the permit and plans and
specifications hereafter issued and approved by the COMMISSION, and shall thereafter properly operate
and maintain such systems and facilities in accordance with applicable permit provisions and law.
2. The DEVELOPER shall not transfer ownership and/or control of the Disposal System to the Association
until construction has been completed in accordance with the permit and approved plans, and the staff of
the Division of Water Resources has inspected and approved of the facilities. In order to change the name
of the permit holder, the DEVELOPER must request that the permit be reissued to the Association. The
request must include a copy of the Association Bylaws and Declaration.
3, The DEVELOPER shall not transfer, convey, assign or otherwise relinquish or release its responsibility
for the operation and maintenance of its Disposal System until a permit has been reissued to the
DEVELOPER's successor.
FORM: DEV Ot-IS Page 1 ot'2
DocuSign Envelope ID: 762513A7-0362-4AD8-8E4C-291D7B578A6B
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.
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 Hinds 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. hued shall be separate from the routine maintenance funds allocated for the facility and
shall be part oft re yearly budget.
() 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, b, 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:
Alexander Road Partners, LLC
FOR THE ENVIRONMENTAL
p NAcibalENT COMMISSION
hic61, 9`�tal,�t fit lle
c464531421-644r...
S. Jay Zimmerman, Director
Division of Water Resources
10/6/2021
'Date)
Name of DEVELOPER
Fred Caliguiri: Manager
Print Name and Title
June 23, 2020
(Date)
DEV 01-15 Pate 2 of 2