WQ0024498_Regional Office Historical File Pre 2018

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
October 25, 2004
Mr. Joe Roy, Principle
MS EIm Towns LLC
1930 Abbott Street
Charlotte, North Carolina 28203
Subject: Permit No. WQ0024498
MS Elm Towns LLC
Meeting Street Towns @ EIm
CMU # 600-04-547
Wastewater Collection System Extension
Mecklenburg County, North Carolina
Dear Mr. Roy:
In accordance with your application received on September 24, 2004, and additional information
received on October 20, 2004, we are forwarding herewith Permit No. WQ0024498, dated October 25,
2004, to MS Elm Towns LLC 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 This permit shall be effective from the date of issuance until rescinded, and shall be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.
Mooresville Regional Office 610 East Center Ave., Suite 301 Mooresville, NC 28115 Phone: [phone] Fax: [phone]
Internet: h2o.enr.state.nc.us Customer Service: 1-877-623-6748
An Equal Opportunity/Affirmative Action Employer— 50% Recycled/10% Post Consumer Paper
NorthCarolina
,Naturally

Mr. ,toe Roy
Page 2
October 25, 2004
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 MS Elm Towns LLC for the construction and operation of approximately 1,293 linear feet of
6-inch gravity sewer to serve 44 units as part of the Meeting Street Towns @ Elm project, and the
discharge of 8,360 gallons per day of collected domestic wastewater into Charlotte Mecklenburg
Utilities' existing sewerage system, pursuant to the application received September 24, 2004, 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.
The sewage and wastewater collected by this system shall be treated in the Charlotte
Mecklenburg Utilities McAlpine Creek WWTP (NPDES No. NC0024970) prior to being discharged into
the receiving stream.
This permit shall become voidable unless the agreement between MS Elm Towns LLC 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 Sonja Basinger at
[phone].
Sincerely,
for Alan . Klimek, P.E.
cc: Mecklenburg County Health Department
Mecklenburg County Water Quality Program
Mooresville Regional Office, Water Quality Section (WWTF Permit No. NC0024970)
Lisa Hagood, ESP Associates, PA
Water Quality Central Files
Marie Doklovic, PERCS

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 untilrescinded 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 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 §143-215.1 C.
1

4. This permit shall not be transferable. !n 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. Per 15A NCAC 2H .0220, 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.
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 al!
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.
11. Noncompliance Notification:
The Permittee shall verbally report to a Division of Water Quality employee at 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.
2

Voice mail messages or faxed information is permissible, but 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 [phone] or
[phone]. Persons reporting any of the above occurrences shall file a spill report by
completing Part I of Form CS-SSO (or the most current Division approved form), within five days
following first knowledge of the occurrence. This report shall outline the actions taken or
proposed to ensure that the problem does not recur. Part II of Form CS-SSO (or the most
current Division approved form) can also be completed to show that the SSO was beyond
control.
Permit issued this the 25th day of October, 2004.
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
2
for Alan W. Klim , P.E., Director
Division of Water Quality
By Authority of the Environmental Management Commission
Permit Number WQ0024498
3

Fast Track Engineering Certification
Permit No. W00024498
October 25, 2004
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 Meeting Street Towns
@ Elm, 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
610 EAST CENTER AVENUE, SUITE 301
MOORESVILLE NC 28115
ATTN: DEE BROWDER
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.

MATE OF NORTH CAROLINA
COUNTY OF i) fter_ 1-p-,1J t..)
Permit No. VUa002-44q 90
HOME/PROPERTY OWNERS' OPERATIONAL AGREEMENT
This AGREEMENT made pursuant to G.S. 143-215.1 (dl) and entered into this j71''' day of
, by and between the North Carolina Environmental Management
Commission, an agency of the State of North Carolina, hereinafter known as the COMMISSION; and
ni5 Lon `Toc�:nJ5 L.L , a non-profit corporation organized
and existing under and by virtue of the laws of the State of North Carolina, hereinafter known as the
ASSOCIATION.
WITNESSETH:
1. The ASSOCIATION was formed for the purpose, among others, of handling the property, affairs and
business of the development known as PrIF )
(hereinafter the Development); of operating, maintaining, re -constructing and repairing the common
elements of the lands and improvements subject to unit ownership, including the wastewater collection
system with pumps, wastewater treatmentworks, and/or disposal facilities (hereinafter Disposal System);
and of collecting dues and assessment to provide funds for such operation, maintenance, re -construction
and repair.
2. The ASSOCIATION desires, to construct'andlor operate a Disposal System to provide sanitary sewage
disposal to serve the Development on said lands.
3. The ASSOCIATION has applied to the COMMISSION for the issuance of a permit pursuant to G.S. 143-
215.1 to construct, maintain, and/or operate the Disposal System.
4. The Development was created subject to unit ownership in the 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 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 ASSOCIATION do hereby mutually agree as follows:
1. The ASSOCIATION shall construct the Disposal System and/or make any additions or modifications to
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 ASSOCIATION 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.
FORM: HOA 02/03 Page 1 of 2

•
r r '•
•

z
z
Z
z
0
--TRACK APPLICATION for GRAN" IT S 'i ERS, PUMP STATIO S, AND FORCE MAIN
USE THE TAB KEY TO MOVE FROM FIELD TO FIELD! Application Number:
(to be completed by DWQ) 'NA/ tCOZ
1. Owner.
la. MS ELM TOWNS LLC
Full Legal Name (company,
municipality, HOA, utility, etc.)
lb. JOE ROY - PRINCIPLE
Signing
Official Name and Title (Please review 15A NCAC C 2H .0206(b) for authorized signing o
lc, The legal entity who will own this system is:
© Individual © Federal 0 Municipality LI StatelCounty Ell Private Partnership [1 Corporation
d. 1930 ABBOTT STREET
Street Address
if, NC
State
1 h. 704-714-3077 1 i. 704-714-3071
Telephone Facsimile
2. Project (Facility) information:
2a. MEETING STREET TOWNS_i ELM
Brief Project Name (permit will refer to this name
Contact Person:
1 e, CHARLO I 1 E
City..�...�m_.
1,g. 28203
Zip Code
E-mail
2b, MECKLENBURG
County Where Project is Located
Oth
LISA HAGOOD -- ESP ASSOC.
Name and Affiliation of Someone Who Can Answer Questions About this Application
3b. 704-409-2954 mm„
Phone Number
3c. LHAGOOD
E-mail
ESPASSOC*CO
1, Project is ion (of tan existing permit) It Modification, Permit No,:
speci
For modifications, attach a separate sheet clearly explaining the reason for the modification (i.e. 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 0 Public (skip to Item 8(3))
2a. If private, applicant will be:
Private (go to Item 2(a))
2b, If sold, facilities owned by a (must choose one)
© Retaining Ownership (i.e. store, church, single office, etc.) o
© Leasing units (lots, townhomes, etc. - skip to item 8(3))
�elling units (lots, townhomes, etc. - go to Item B(2b))
© Public Utility (Instruction HP)
Homeowner Assoc./Developer (Instruction IV
CHARLOTTE MECKLENBURG UTILITY DEPARTMENT
Owner of Wastewater Treatment
Treatment Facility (W'WTF) Treating Wastewater From This Project
McALPINE CREEK WTP 4b. nc0024970
Name of WWTF WWTF Permit No,
CMUD 5b. 8" 5c
Owner of Downstream Sewer- ._. Receiving g __._. ._.5e�rer Size Permit Nil mbeer of Downstream
The origin of this wastewater is (check all that apply):
• Residential Subdivision
ApartmentslCondominiums
© Mobile Home Park
0 School
© Restaurant
ID Office
Car Wash
© Institution
© Hospital
© Church
© Nursing Home
E) Other (specify):
7. Volume of wastewater to bepermitted in this project. 2 �elalions per day
% Domestic/Commercial
% Industrial
% Other (specify):
f 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
FLL.'A 02/03 - Res.k. 2 04/04

0
-TRACK APPLICATION for GRAVITY SEWERS P1P STATIONS, AND FORCE 111<AINS
PAGE 4
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(I)(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).
44 UNITS x 190 gpd/unit
10. Summary of Sewer Lines to be Permitted (attach additional sheets if necessa
Size (inches) Length (feet)
6" 1,293
ENTER TOTAL LINE LENGTH IN MILES 0
mary of Pump Stations to be Permitted (attach additional sheets as necessary)
Location ID
(self chosen as shown on Design Flow Operational Point
plans for cross-reference) (MGD) GPM @ TDH
Gravity or Force Main
(use the pull down menu)
GRAVITY
Power Reliability Option
(1- dual line feed; 2- permanent generator w1ATS; 3-
portable generator w/telemetry; 4-wet well storage)
12. 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?'.
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 NIA
Sedimentation and Erosion Control Plan? ❑ Yes ❑ No . N/A
Stormwater? ❑ Yes ❑ No A
FTA 02/03 - Rev. 2 04/04

`K APPLICATION for GRAVITY SEWERS, PU P S "A "IONS, 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 a
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 100 feet away from any down slope
waterbody; AND,
A Stream Classification is notneeded 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
wrap for cross-reference)
Applicant's Ce
Name of
Waterbody
County
Waterbody Stream Waterbody
River Basin Index Classification
Submit the 8.5" x 11" COLOR topographic map as required in Instruction VI
regardless of whether a classification is provided!
ication:
1, Joe Ray, attest that this application for MEETING STREET TOWNS @ELM has been reviewed by me and is
accurate and complete to the best of my knowledge. I understand that if all required parts of this application are not
completed and that if all required supporting documentation and attachments are not included, this application package
is subject to being returned as incomplete. Note: In accordance with North Carolina General Statutes 143-215, 6A and
143-215.68, atr. . +n who knowingly makes any false statement, representation, or certification in any application
shall be demeanor which may include a fine not to exceed $1 0,000 as well as civil penalties up to
$25,000
1a.
Signing Of
2. Profession
1 attest that r+ n for MEETING STREET TOWNS @ ELM has been reviewed by me and is accurate, complete
and consistent ith the .formation in the engineering plans, calculations, and all other supporting documentation to the
best of my know: w *.. 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 l 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 snakes any false statement„
representation, or certification in any application shall be guilty of a Class 2 misderneanor which may include a fine not to
exceed $10,000 as well as civil penalties up to $25,000 per violation.
2a. LISA W. HAGOOD, PE
Professional Engineer Name
2b, ESP ASSOCIATES, PA
Engineering Firm
2c. P.O. BOX 7030
Address
2d, CHARLOTTE
City
2e, NC 2f, 28241
State Zip
2g. 704 583 4949 2h, 704-583-4950 2i, t.hagood ci espassoc
Telephone Facsimile E-mail
Seal, Signature Date
02103 - Rev. 2 04
4

10/22/04
Permit Number WQ0024498
Permit Tracking Slip
Program Category
Non -discharge
Permit Type Fast Track
Gravity Sewer Extension, Pump Stations, & Pressure Sewer
Extensions
Primary Reviewer
sonja.williams
Permitted Flow
8360
Facility
Facility Name
Meeting Street Towns @ Elm
Location Address
Owner
Status Project Type
1n review New Project
Version Permit Classification
Individual
Permit Contact Affiliation
Major/Minor
Minor
Region
Mooresville
County
Mecklenburg
Facility Contact Affiliation
Owner Name
MS Elm Towns LLC
Dates/Events
Owner Type
Non -Government
Owner Affiliation
Joe Roy, Principle
1930 Abbott St
Charlotte
NC 28203
Scheduled
Orig Issue App Received Draft Initiated Issuance
09/24/04
Regulated Activities
Public Notice Issue Effective
Condominium
Wastewater collection
Outfall NULL
%5104-
RequestedlReceived Events
Additional information requested
Additional information received
Expiration
10/11/04
10/20/04
Waterbody Name Stream Index Number
Current Class Subbasin

Entity Names Page 1 of 1
North Carolina
Elaine F Marshall DEPARTMENT OF THE
Secretary SECRETARY OF STATE
PO Box 29622 Raleigh, NC 27628-0622 [phone]
Corporations
°Corporations Home
•Important Notice
*Corporate Forms/Fees
•Corporations FAQ
•Tobacco Manufacturers
*Verify Certification
°Online Annual Reports
Links
•Secretary Of State Home
*Business License
*Register for E-Procurement
•Dept. of Revenue
Legislation
61999 Senate Bills
02001 Bill Summaries
*Annual Reports 1997
°Corporations 1997
°Other Legislation
Search
•By Corporate Name
°For New Corporation
•By Registered Agent
Online Orders
°Start An Order
*New Payment Procedures
Date: 10/7/2004
Click here to:
View Document Filings I
'Print a pre -populated Annual Report Form I File an Annual Report i
Corporation Names
Name Name Type
NC MS Elm Towns LLC Legal
Limited Liability Company Information
SOSI D: 0733192
Status: Current -Active
Date Formed: 7/6/2004
Citizenship: Domestic
State of Inc.: NC
Duration: Perpetual
Registered Agent
Agent Name: Roy, Joseph T, IV
Registered Office Address: 1910 South Blvd. , Suite 200
Charlotte NC 28203
Registered Mailing 1910 South Blvd. , Suite 200
Address: 6 Charlotte NC 28203
Principal Office Address: 1910 South Blvd. , Suite 200
Charlotte NC 28203
Principal Mailing Address: 1910 South Blvd. , Suite 200
Charlotte NC 28203
For questions or comments about the North Carolina Secretary of State's web site, please send e-mail to Webmaster.
For questions or comments concerning the Corporations Division, please send e-mail to Corporations Administrator
Click here for help downloading forms.
http://www.secretary.state.nc.us/corporations/soskb/Corp.asp?6485831 10/7/2004

ESP ASSOCIATES, P.A. IMWM12 OO C3
P.O. Box 7030
CHARLOTTE, NORTH CAROLINA 28241
(704) 5133-4949
TO 4
�C>ic ls-, Lip.. f r .4W1 rj
A) QE.NT
RA
@PAO44Lad
DATE 9/a3 l�4
roe.40. J30=
ATTENTION
RE:
WI 5
.Lvr) 7o JiL1S
WE ARE SENDING YOU ❑ Attached 0 Under separate cover via
❑ Shop drawings
❑ Copy of letter
O Prints
❑ Change order
❑ Plans
O Samples
the following items:
0 Specifications
COPIES
DATE
NO.
DESCRIPTION
c
T
FA r 71xit[_t . APPLxr.+r '-J /
,'M r'k-T''" A r PFSOURCES
-
''cPICE
_e)
6.) ee,Psa 5
(re iP' i1
n
l
Ann.
Pb)A- elS:a/cD3 .
kid h.-!
L
'
L'('('
6) rrz. _141—
THESE ARE TRANSMITTED as checked below:
❑ For approval
❑ For your use
❑ As requested
❑ For review and comment 0
❑ FOR BIDS DUE 0 PRINTS RETURNED AFTER LOAN TO US
REMARKS J�v�J�A — �RoP iar�/ P., _ S-77,97 MS r[. ► , Tcarw-,Ai Alz a" 'r't.._so
ax RErr Sca 2 HAL » uammraD A- "A- " Pne--)Tr� -r
APPLLA IC9tlJ
O Approved as submitted
O Approved as noted
O Returned for corrections
❑ Resubmit copies for approval
❑ Submit copies for distribution
❑ Return corrected prints
COPY TO
SIGNED ]
If enclosures are not as noted, kindly notify us
e.

CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Joe Roy, Principle
MS Elm Towns LLC
1910 South Boulevard
Charlotte, North Carolina 28203
Dear Mr. Roy:
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
September 15, 2004
Subject: 2nd Return of Permit Application Package
Meeting Street Towns @ Elm project
Wastewater Collection System Extension
Mecklenburg County, North Carolina
The Division of Water Quality's Mooresville Regional Office is unable to accept the enclosed application
package (including fee) for review for the following reasons:
✓ The application submitted to this office is for a modification to Permit No. WQ0019496 issued to
European Real Estate Investments Corporation on April 3, 2001 for the project name of Dalston
Hills.
The Owner listed on the submitted application is MS Elm Towns LLC. The facility listed on the
application is Meeting Street Towns @ Elm. Please note that the there are two different owners and
two different projects in reference to this permit modification inquiry. Permit No. WQ0019496 cannot
be modified to reflect an ownership change unless an Ownership / Name Change Form from the
Division is submitted. Also note to change the project name should be clearly written on the
application form.
✓ Item B (2b), Operational Agreement , is required if the Owner will be selling units under MS Elm
Towns LLC. Please submit one original and two copies.
Note: The Owner and Project name must be the same names on the application, flow acceptance
letter, and operational agreement.
Please note that the items 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
corrected application.
Mooresville Regional Office 9I9 North Main Street Mooresville, NC 28115 Phone: [phone] Fax: [phone]
Internet h2o.enr.state.nc.us Customer Service: 1-877-623-6748
An Equal OpportunitylAflirmative Action Employer-50% Recycled/10% Post Consumer Paper
NorthCarolina
,Naturally

Mr,
Joe Roy
Page 2
September 15, 2004
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
violator 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 [phone], Thank you for your cooperation.
Sincerely,
„
Sonja Williams
Consultant
Enclosures (application + check no. 22166)
cc: Lisa Haygood, ESP Associates, PA (no enclosures)
FT Application return file

(07)
GIARLOTTE.
CHARLOTTE-MECKLENBURG
UTILITIES
July 2, 2004
Mr. Gray Newman
ESP Associates, P.A.
P.O. Box 7030
Chad otte,.NC 28241
SUBJECT: WATER AND SANITARY SEWER FLOW ACCEPTANCE
TAX PARCEL# 223-433-25, ELM LANE
C-MU# 600-D4.547
Dear Mr. Newman:
RECEIVED
7 2004
E S P ASSOCIATES, P.F.
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. Please see attached map.
Upon completion and acceptance of all necessary sewer lines, Charlotte -Mecklenburg Utilities (C-MU)
agrees to accept the gravity sewage flow of 8,360 gallons per day (44 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, C-MU 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.
C-MU 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 [phone].
Sincerely,
CHARLOTTE-MECKLENBUJG UTILITIES
Barbara Gross
Engineering Assistant
CHARLOTTE-MECKLENBURG UTILITIES
Engineering Division • New Services Section
www.cmutilities.com
5100 Brookshire Boulevard
Charlotte, NC 28216
Ph: 704/399-2221
Fax: [phone]

klenburg Coutv NC POLARIS
Page 1 of I
ckienburg County, North Caro ma
POLARIS
Property Ownership Land Records information System
Cate (Printed: Thu Au Q 12 10: g.a)1 EDT
end
fed Feato
t. 4iu n tsar.
Belinda
ROW
d ROW
Tax Pawl
Easements
Paste laneotis
lines
C OMO fie~
Pax* LOOM
' VI :tw ross
Streets.
*+,x +iuw%e
hAircr cars
Streams
VW'atet Boetlic+rs
juravfKtens
Ca-ritOul.
Ilanockcyl
thonvOlo
ktiirrotws
PMemOo
.Tax Par .1s
This map is prepared for the inventory of real properly within Mecklenburg County ana
compiled from recorded deeds, plats, tax maps, surveys, plan6metric maps, and other
public records and data, Users of this map are hereby notified that the eformentioned
public primary information sources should be consulted for verification, Mecklenburg
County and its mapping contractors assume no legal responsibility for the information
contained herein,
http./,r aps2.commeeklenbrurg.ne.0 /servlet/coin_esri.esri ~:p.Esrinap?ServeceNarne-=overv... 8/12/2004

CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Joe Roy
Meeting Street Towns @ EIm HOA
1910 South Blvd., Suite 200
Charlotte, North Carolina 28203
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan VV, Klimek, F'.E., Director
Division of Water Quality
Coleen H. Sullins, Deputy Director
Division of Water Quality
June 17, 2004
Subject: Return of Permit Application Package
Meeting Street Towns © EIm project
Wastewater Collection System Extension
Mecklenburg County, North Carolina
Dear Mr. Roy:
The Division of Water Quality's Mooresville Regional ©ffice is unable to accept the enclosed application
package for review for the following reasons:
Please provide the name of the corporation (Permittee) exactly as it is listed on the Articles of
Incorporation with the NC Department of the Secretary of State. Upon searching the Corporations
Database through the secretary of State's web site (http://www.secretary,state.nc.us/Corporations),
This office was unable to locate a registered corporation by the name of Meeting Street Towns @
EIm HOA. Please revise the application accordingly to reflect a registered corporation.
✓ Item A (1 b), Signing Official's Title, of the application has not been completed as is required by
Section I. of the application instructions.
✓ For modifications, please submit an attached sheet clearly explaining the reason for the
modification.
✓ Item B (4b), WWTF Permit Number, is incorrect as listed in the application.
✓ A flow acceptance letter was not provided by the owner of the downstream sewers and/or the
owner of the receiving wastewater treatment facility as is required by Instruction V of the
application. Flow acceptance letters must contain the following minimum information: applicant and
project name, amount of flow accepted and name and permit number of the receiving wastewater
treatment facility. The flow acceptance must not expire prior to permit issuance and must be dated
less than a year prior to the application date. Intergovernmental agreements or other contracts will
not be accepted in lieu of a project -specific flow acceptance letter.
✓ An application fee was not submitted as required by Instruction II. of the application and 15A NCAC
2H .0205(c)(1)(A).
Mooresville Regional Office
919 N. Main Street, Mooresville, NC 28115
DENR Customer Service Center
An Equal Opportunity Action Employer
Internet http:!/h2o.enr.state.nc.us!
Telephone [phone] Fax [phone]
Telephone [phone]
50% recycled/10% post -consumer paper
L
NCDENt

r, Joe Roy
Page 2
June 17, 2004
v' Based on your answer to question B(2a) in the application, an Operational Agreement is required
by instruction III of the application form. Note: If the HOA is not yet formed, it will have to be in the
Developer's name with a signed OA (DEV 02/03 form).
vi An 8.5 x 11 topo map was not submitted as required in Instruction VI regardless of whether a
stream classification is provided,
.7 A copy of the application was not submitted as required by Instruction 1. of the application (Please
submit one original and one copy),
•,./ A North Carolina -licensed Professional Engineer did not sign, seal and date the Professional
Engineer's Certification in Item V of the application.
Please be advised that any changes to the original application merit complete review and require
new signatures, dates, and engineer stamp to demonstrate that a proper review has been conducted
on the application resubmitted to the Division.
Please note that the items 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
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
violator 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 [phone]. Thank you for your cooperation.
Sonja Williams
Consultant
Enclosures (application)
cc: Lisa Haygood, ESP Associates, PA (no enclosures)
FT Application return file

Page 1of1
• North Carolina
Elaine F. Marshall DEPARTMENT OF THE
Secretary SECRETARY OF STATE
PO Box 29622 Raleigh, NO 27826.0622 [phone]
Corporations
*Corporations Home
*Important Notice
*Corporate Forms/Fees
*Corporations FAQ
•Tobacco Manufacturers
*Verify Certification
*Online Annual Reports
Links
*Secretary Of State Home
*Business License
*Register for E-Procurement
*Dept. of Revenue
Legislation
•1999 Senate Bills
*2001 Bill Summaries
•Annual Reports 1997
*Corporations 1997
*Other Legislation
Search
*By Corporate Name
*For New Corporation
*By Registered Agent
Online Orders
*Start An Order
*New Payment Procedures
Date: 9/13/2004
Click here to:
View Document Filings l
Print a pre -populated Annual Report Form I File an Annual Report I
Corporation Names
Name Name Type
NC MS Elm Towns LLC Legal
Limited Liability Company Information
SOSID:
Status:
Date Formed:
Citizenship:
State of Inc.:
Duration:
Registered Agent
0733192
Current -Active
7/8/2004
Domestic
NC
Perpetual
Agent Name:
Registered Office Address:
Registered Mailing
Address:
Principal Office Address:
Principal Mailing Address:
Roy, Joseph T, IV
1910 South Blvd. , Suite 200
Charlotte NC 28203
1910 South Blvd. , Suite 200
Charlotte NC 28203
1910 South Blvd. , Suite 200
Charlotte NC 28203
1910 South Blvd. , Suite 200
Charlotte NC 28203
For questions or comments about the North Carolina Secretary of States web site, please send e-mail to Webmaster.
For questions or comments concerning the Corporations Division, please send e-mail to Corporations Administrator
Click here for help downloading forms.
http://www.secretary. state.nc.us/corporations/soskb/Corp. asp?6485 831
9/13/2004

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
September 15, 2004
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Joe Roy, Principle
MS EIm Towns LLC
1910 South Boulevard
Charlotte, North Carolina 28203
Subject: 2nd Return of Permit Application Package
Meeting Street Towns @ Elm project
Wastewater Collection System Extension
Mecklenburg, County, North Carolina
Dear Mr. Roy:
The Division of Water Quality's Mooresville Regional Office is unable to accept the enclosed application
package (including fee) for review for the following reasons:
1 The application submitted to this office is for a modification to Permit No. WQ0019496 issued to
European Real Estate Investments Corporation on April 3, 2001 for the project name of Dalston
Hills.
The Owner listed on the submitted application is MS EIm Towns LLC. The facility listed on the
application is Meeting Street Towns @ Elm. Please note that the there are two different owners and
two different projects in reference to this permit modification inquiry. Permit No. WQ0019496 cannot
be modified to reflect an ownership change unless an Ownership / Name Change Form from the
Division is submitted. Also note to change the project name should be clearly written on the
application form.
✓ Item B (2b), Operational Agreement , is required if the Owner will be selling units under MS EIm
Towns LLC. Please submit one original and two copies.
Note: The Owner and Project name must be the same`names on the application, flow acceptance
letter, and operational agreement.
Please note that the items 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
corrected application.
Noe Carolina
�aturrr!!y
Mooresville Regional Office 919 North Main Street Mooresville, NC 28115 Phone: [phone] Fax: [phone]
Internet h2o.enr.state.nc.us Customer Service: 1-877-623-6748
An Equal Opportunity/Affirmative Action Employer-50% Recycled/10% Post Consumer Paper

oe Roy
Page 2
September 15, 2004
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
violator 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 [phone]. Thank you for your cooperation.
Sincerely,
Sonja Williams
Consultant
Enclosures (application + check no, 22166)
cc: Lisa. Haygood, ESP Associates, PA (no enclosures)
FT Application return file