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WQ0030409_Regional Office Historical File Pre 2018
Mr. David Rainey, Director of Finance The Pines at Davidson, Inc. 400 Avinger Lane Davidson, NC 28036 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 June 21, 2006 Subject: Permit No. WQ0030409 Residential Area The Pines at Davidson, Inc. Wastewater Collection System Extension C-MU TRACKING #600-06-528 Mecklenburg County, North Carolina Dear Mr. Rainey: • In, accordance with your application received on June 1, 2006, we are forwarding herewith Permit No. WQ0030409, dated June 21, 2006, to The Pines at Davidson, Inc. 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 This permit shall be effective from the date of issuance until rescinded, and shall be subject to the conditions and limitations as specified therein.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: (704) 663-1699 Fax: (704) 663-6040 Internet: www.ncmwaterquality.org Customer Service: 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer— 50% Recycled/10% Post Consumer Paper N�o `hCarolina Vatura!!y Mr. Rainey Page 2 June 21, 2006 In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina as amended, and other applicable Laws, Rules, and Regulations, permission is hereby granted to The Pines at Davidson, Inc. for the construction and operation of approximately 1,436 linear feet of 8-inch gravity sewer and 63 linear feet of 6-inch gravity as part of the Residential Area project, and the discharge of 6,960 gallons per day of collected domestic wastewater into the Charlotte Mecklenburg Utilities existing sewerage system, pursuant to the application received June 1, 2006, 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 WSSAC-Cabarrus County WWTP (Rocky River NPDES No. NC0036269) prior to being. discharged into the receiving stream. 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. for Alan W. Klimek, P.E. cc: Mecklenburg County Land Use and Environmental Services Agency (LUESA) Mooresville Regional Office, Surface Water Protection (WUVfP Permit No. NC0036269) Benjamin Whaley, WK Dickson & Co., Inc. Surface Water Protection 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 until rescinded and shall be subject to the following specified conditions and limitations: 1. This permit shall become voidable unless the wastewater collection facilities are constructed in accordance with the conditions of this permit; 15A NCAC 2H .0200; the Division of Water Quality's' (Division) Gravity Sewer Minimum Design Criteria adopted February 12, 1996, as applicable; the Division's Minimum Design Criteria for the Fast -Track Permitting of Pump Stations and Force Mains adopted June 1, 2000, as applicable; and other supporting materials unless specifically mentioned herein. 2. This permit shall be effective only with respect to the nature and volume of wastes described in the application and other supporting data. 3. The wastewater collection facilities shall be • properly maintained and operated at all times. The Permittee shall maintain compliance with an individual system -wide collection system permit for the operation and maintenance of these facilities as required by 15A NCAC 2H .0227. If an individual permit is not required, the following performance criteria shall be met as provided in 15A NCAC 2H .0227: a. The sewer system shall be effectively maintained and operated at all times to prevent discharge to land or surface waters, and any contravention of the groundwater standards in 15A NCAC 2L .0200 or the surface water standards in 15A NCAC 2B .0200. b. A map of the sewer system shall be developed 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. 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. 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 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. 11. Noncompliance Notification: The Permittee shall verbally report to a Division of Water Quality employee at the Mooresville Regional Office, telephone number (704) 663-1699, as soon as possible, but in no case more than 24 hours or on the next working day, following the occurrence or first knowledge of the occurrence of either of the following: a. Any process unit failure, due to known or unknown reasons, that renders the facility incapable of adequate wastewater transport, such as mechanical or electrical failures of pumps, line blockage or breakage, etc.; or b. Any failure of a pumping station or sewer line resulting in a by-pass directly to receiving waters without treatment of all or any portion of the influent to such station or facility. 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 (800) 858-0368 or (919) 733-3300. 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 21st day of June, 2006. NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION a -4,4 for Alan W. Klimek, P. ., Director Division of Water Quality By Authority of the Environmental Management Commission Permit Number WQ0030409 3 Fast Track Engineering Certification Permit No. WQ0030409 June 21, 2006 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 . E Partial ❑ Final 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 Residential Area, a 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 SURFACE WATER PROTECTION 610 EAST CENTER AVENUE, SUiTE 301 MOORESVILLE NC 28115 The Permittee is responsible for tracking all partial certifications up until a final certification is received. Any wastewater flow made tributary to the wastewater collection system extension prior to completion of this Engineer's Certification shall be considered a violation of the permit and shall subject the Permittee to appropriate enforcement actions. Permit Number WQ0030409 Central Files: APS SWP 06/20/06 Permit Tracking Slip Program Category Status Project Type Non -discharge In review New Project Permit Type Fast Track Version Gravity Sewer Extension, Pump Stations, & Pressure Sewer A Extensions Primary Reviewer dee.browder • Permitted Flow Facility Permit Classification Individual Permit Contact Affiliation Facility Name Major/Minor Region Residential Area Minor Mooresville Location Address County Mecklenburg Facility Contact Affiliation Owner Owner Name The Pines At Davidson Dates/Events Owner Type Non -Government Owner Affiliation David 400 Avinger Ln Davidson Rainey, Finance dir of NC 28036 Orig Issue App Received 06/01/06 Draft Initiated Scheduled Issuance Public Notice Issue Effective Expiration Regulated Activities Renuested/Received Events Additional information requested Additional information received Outfall NULL Waterbody Name Stream Index Number Current Class Subbasln IPPPrAPPLICATION for VIT k' SEWERS, PU P STATIONS, ANI) FORCE MAINS USE THE TAB KEY TO MOVE FROM FIELD TO FIELD! Owner: la. The Pines at Davidson, Inc. Full Legal Name (company, municipality, HOA, uti Application Num (to be completed by DWQ 1b. David Rainey, Director of Finance and VP 0 z 0 z PAGE 3 Signing Official Name and Title (Please review 15A NCAC 2H .02C16(b) for authorized signing officials!) lc, The legal entity who will own this system is: 0 Individual 0 Federal ❑ Municipality 0 State/County 0 Private Partnership 1 d. 400 Avinger Lane Mailing Address 1f, North Carolina State lh. 704 — 896-1100 2. 2a Brief Project Name (per 3. Contact Person: 1 i. 704-896-1119 Telephone Project (Facility) information: eidentia Facsimile Fll o this n, 3a. Benjamin Se Whaley, PE of WK Dickson & Co. Inc. Name and Affiliation of Someone Who Can Answer Questions 3b. 704-334-5348, ext. 110 Phone Number Project is New 0 Modification of an existing permit) le. Davidson City lg. 28036 Corporation D Other (specify): Zip Code drainey@thepinesatdaidson.com E-mail 2b. Mecklenburg County Where Project is Located ut this Appl`cation 3c. swhaley@wkdickson..co E-mail .. _. If Modification, Permit No.: For modifications, attach a separate sheet clearly explaining the reason for the modification (Leadding 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 B(3)) Private (go to Item 2(a)) 2a. If private, applicant will be: 2b. If sold, facilities owned by a (must choos Retaining Ownership (i.e. store, church, single office, etc.) or 0 Leasing units (lots, townhomes, etc. - skip to Item B(3)) 0 Selling units (lots, townhomes, etc. - go to Item 13(2b)) WSACC Cabarrus County _w Owner of Wastewater Treatment Facility (WWTF) Treating Wastewater From This Project 4a. Rocky River WWTP 4b. Name of WWTF 5a, WSACC 5b. 15" PVC Owner of Downstream Sewer :Receiving Sewer Size The origin of this wastewater is (check all that apply): ❑ Public Utility (Instruction 11I) 0 Homeowner Assoc./Developer (instruction IV) 0 Residential Subdivision 0 Apartments/Condominiums 0 Mobile Home Park 0 School 0 Restaurant 0 Office 0 Car Wash O institution O Hospital 0 Church Nursing. Home • Other (specify): Volume of wastewater to be allocated for this particular project' *Do not include previously permitted allocations if the permitted flow is zero, indicate why: O Interceptor Line - Flow will be permitted in subsequent per © Flow has already been allocated in Permit No. © Rehabilitation or replacement of existing sewer with no new flow expected WWTF Permit No. . unknown Permit Number of Downstream Sewer (if known 100 % DomesticlCommercial % Industrial % Other (specify): 6960 gallons per day hat connect to this line FTA 02.?"03 - Rev. 3 t14Ifl5 -TRACK APPLICATION for GRAVITY SEWERS, PUMP STATIONS, AND FORCE MAINS PAGE 4 i. W z F- z 0 V z 0 1-- a re 0 ILL z 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(I)(1-2) must be supported with actual water or wastewater use data in accordance with 15A NCAC 2H .0219(I)(3). The Pines are adding two Condo/Townhouse buildings with 24 units for retired residents as well as adding 9 beds to assisted living building and 11 beds to the health care building. This will be 24 x 190 gpd and 20 beds x 120 = 6960 gpd. 10. Summary of Sewer Lines to be Permitted (attach additional sheets if necessary) Size (inches) Length (feet) Gravity or Force Main (use the pull down menu) 8 1436.11 Gravity 6 63 Gravity • ENTER TOTAL LINE LENGTH IN MILES 0.27 11. Summary of Pump Stations to be Permitted (attach additional sheets as necessary) - NIA Location ID (self chosen - as shown on plans for cross-reference) Power Reliability Option Design Flow; Operational Point (1- dual line feed; 2- permanent generator w/ATS; 3- (MGD) GPM @ TRH, portable generator wltelemetry; 4-wet well storage) E12. 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? W' ® Yes ❑ No If no, please reference the pertinent minimum design criteria or regulation and indicate why a a variance is requested. SUBMIT TWO COPIES OF PLANS, SPECIFICATIONS OR CALCULATIONS PERTINENT TO THE VARIANCE WITH YOUR APPLICATION CO • 13. Have the following permits/certifications been submitted for approval? Wetland/Stream Crossings - General Permit or 401 Certification? 0 Yes 0 No ® NIA Sedimentation and Erosion Control Plan? ® Yes ❑ No ❑ N/A Stormwater? ® Yes 0 No 0 N/A 14. Does this project involve aerial lines or siphons? NO Check if yes: d 7hese_Ilnes_will_be considered .Nob .orionitv_and,must be,checked once_every_six months 15. Does this project have gravity sewer lines designed at minimum slopes? ❑ NO Be aware that the Division will not accept installed lines more than 1 O% flatter than the minimum slope. Lines installed outside this tolerance should be corrected prior to submitting the final engineering certification.. FTA 02/03 - Rev. 3 04/05 -TRACK APPLICATION for GRAVITY SEWERS, PUMP STATIONS, AND FORCE MAINS PAGE 5 Use the Division's guidance document entitled, "DETERMINING STREAM CLASSIFICATIONS FOR FORM FTA 02/03 (FAST -TRACK SEWER SYSTEMS)" to collect and record the stream classification data below (attach additional sheets as necessary). This document is available from our web site or by contacting the appropriate Division of Water Quality regional office (see instructions for addresses) OR indicate the following: [l A Stream Classification is not needed because all parts of the project are at least 100 feet a 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. y rom any down slope Location ID on Map (self chosen - as shown on ' Name of Waterbody Stream Waterbody map for cross-reference) Waterbody County River Basin Index Classification Cornelius, NC 1993 Rocky River Mecklenburg Yadkin 13-17 C Submit the 8.5" x 11" COLOR topographic map as required in Instruction VI regardless of whether a classification is provided! Applicant's Certification: i, David Rainey, attest that this application for The Pines at Davidson — Expansion 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 143-215.6B, 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 S10,000 as well as civil penalties up to $25, 00© per violation e Peso . Lai l.341«; 1-re ( 1aY � - a —A, ill p Signing Official Signature 2. Professional Engineer's Certification: I, Benjamin S. Whaley, attest that this application for The Pines at Davidson — Expansion 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. I further attest that to the best of my knowledge the proposed design has been prepared in accordance with the applicable regulations„ Gravity Sewer Minimum Design Criteria for Gravity Sewers adopted February 12, 1996, and the Minimum Design Criteria for the Fast -Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 and the watershed classification in accordance with Division guidance. Although certain portions of this submittal package may have been developed by other professionals, inclusion of these materials under my signature and seal signifies that I have reviewed this material and have judged it to be consistent with the proposed design. Note: In accordance with NC General Statutes 143-215.6A and 143-215.6B, 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. Benjamin S. Whaley, PE Professional Engineer Name 2b, W K Dickson & Co., Inc. Engineering Firm 2c. 616 Colonnade Drive Mailing Address 2d. Charlotte 2e. NC 2f. 28205 City State Zip 2g. 704-334-5348 2h. 704-334-0078 2i. swhaley@wkdickso Telephone Facsimile E-mail Seal, Signature & Date. FTA 02/03 - Rev. 3 04/05 TATE OF NORTH CAROL COUNTY OF Mecklenburg Permit No. HOME/PROPERTY OWNERS' OPERATIONAL AGREEMENT This AGREEMENT made pursuant to G.S. 143-215.1 (d.1 ) and entered into this May 2006 , by and between the North Carolina Environmental Management Commission, an agency of the State of North Carolina, hereinafter known as the COMMISSION; and The Pines at Davidson under and by virtue of the laws of the State o day of , a non-profit corporation organized and existing h Carolina, hereinafter known as the ASSOCIATION. WITNESSETH: l . The ASSOCIATION was for Tied for the purp business of the development known as (hereinafter the Development); of operating, maintain. elements of the lands and improvements subject to unit o system with pumps, wastewater treatment works, and/or d and of collecting dues and assessment to provide funds for and repair. ong oth Pin hers, o/handling the property, affairs and aidson ._..._, cting and repairing the common ip, including the wastewater collection al facilities (hereinafter Disposal System); h operation, maintenance, re -construction The ASSOCIATION desires, to construct and/or operate Disposa ystem to provide sanitary sewage disposal to serve the Development on said lands. The ASSOCIATION has applied to the COMMISSION` for the issuance o a permit pursuant to G.S. 143- 215.1 to construct, maintain, and/or operate the Disp sal System. 4. The Development was created subject to unit owne/ship in the dwellings units, other improvements and lands through fling of a Declaration of Unit Own or 47F of the North. Carolina General Statutes. 5. The COMMISSION desires to assure that the constructed, maintained and operated in accor quality of the waters of the State and the publ ip (hereinafter Declaration pursuant to Chapter 47C posal System of the Development i °,rroperly ce with law and pennit provisions in nterest therein. der to protect the NOW, THEREFORE, in consideration of the pro ices and the benefits to be derived by each of the parties. hereto, the COMMISSION and ASSOCIATIO do hereby mutually agree as follows: l.. 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 conunon 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. 3. The ASSOCIATION 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 FORM: HOA 02/03 Pagel of 2 available to repair, maintain, or construct the Disposal System beyond the routine operation and maintenance expenses, theDeclaration and Association Bylaws shall provide that a fund be created out of the common expenses. Such fund shall be separate from the routine maintenance fund allocated for the facility and shall be part of the yearly budget. 4. In the event the common expense allocation and separate fund(s) 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 be provided such that special assessments can be made as necessary at any time. 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 ASSOCIATION 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. 6, 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 ASSOCIATION 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. 7. The ASSOCIATION 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 ASSOCIATION'S successor, 8. The agreements set forth in numbered paragraphs l , 2, 3, 4, 5, 6, and 7 above shall be conditions of any permit issued by the COMMISSION to the ASSOCIATION for the construction, maintenance, repair and operation of the Disposal System. 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 FOR THE ENVIRONMENTAL The Pines at Davidson MANAGEMENT COMMISSION Name of ASSOCIATION Alan. W. Klimek, P.E., Director Division of Water Quality (Date) FOR IIOA 02/03 Page 2 B :r. gn attire) e Mr. David C. Rainey, Director of Finance and VP Print Name and Title (Data 2006 IIIIIIr 0/ 2006 14:24 7043332319 CMU NS WSACC WATER & SEWER AUTHORITY OF CABARRUS COUNTY May 25, 2006 Mr. Steven Miller New Services Manager Charlotte -Mecklenburg Utilities 5100 Brookshire Blvd. Charlotte, NC 28216 Subject: Flow Acceptance Sanitary Sewer to Serve The Pines At Davidson CMU Tracking Number 600-06-528 1-'0-1= CIL/ CPC Office: 232 C?nvicicrin ! Iwy, Concord, NC 2nnv M:dl Its: i'.C7. b(,x 1I8 [: merrrtl, NC- '-Ht n 112H ('bone: 71)1.786.17(11 Fax.. 704.7'35.1564 Dear Mr. Miller: This is in response to the City's request for flow acceptance received 5/2/06. The Water. and Sewer Authority of Cabarrus County (WSACC) has or currently expects to be able to make available capacity at the Rocky River Wastewater Treatment Plant and appropriate sewer interceptors to transport and treat the domestic wastewater, from the proposed development narned The 'Pines at Davidson consisting of. 24 residential townhomes/condominiums and 20 additional residential apartments. WSACC agrees to accept 6,960 gpd of wastewater. For your information, WSACC has approved 2,289,636 gpd of flow acceptance for Charlotte -Mecklenburg Utilities from 1992 to present and 52,180 gpd of flow acceptance year-to-date including this request. Please note that if construction of this project is not started within two (2) years of the date of this approval, the approval is rescinded and a second request and approval will be required. Please notify WSACC in writing when construction of this project is initiated. If you have any questions, please call me at 704-786-1783. Sincerely, Van Rowell, RE. Engineering Director cc: WSACC Engineering/Operations Staff Philip S. Johnson/C MU /2006 14:24 7043932319 C 1U Nb faliX C HAR LOTf E-M EC KLE N BU RG UTILITIES April 27, 2006 Mr. B. Steven Whaley, PE Project Manager W.K. Dickson, Co_, Inc. 616 Colonnade Drive Charlotte, NC 28205 SUBJECT: WATER AND SEWER FLOW ACCEPTANCE THE PINES @ DAVIDSON TAX PARCEL # 007.013-27 C-MU TRACKING # 600-06-528 Dear Mr. Whaley: In response to your application for flow acceptance, a study of the subject site has been completed and It has been determined that the discharge from this project does not transmit through areas of SSO concern by the NCDENR. Division of Water Quality. Upon completion and acceptance of all necessary sewer lines, Charlotte -Mecklenburg Utilities (C-MU) agrees to accept the gravity sewage flow of 6960 gallons per day (24 townhomes. condominiums units x 190 gpd + 20 addition beds x 120 gpd) from this project for transmission to the Rocky River Wastewater Treatment Plant; NPDES permit number NC0036269, located in Cabarrus County, for treatment. This acceptance of flow is based on the existing capacity of the designated publicly owned treatments works;, which is contingent upon final acceptance and issuance of a discharge permit from the appropriate local. State, or Federal Agency, whichever might have control. Upon completion and acceptance of all necessary water mains, Charlotte -Mecklenburg Utilities agrees to furnish water to the subject project. The water quality to the subject project is regulated by the State Drinking Water Act Amendments of 1986 and The Water Supply Management Plan, dated January 2000, (WSMP #.00-00251 & PWS ID # 0160010) on file with the Public Water Supply Section of NCDENR. However. C-MU cannot guarantee a constant pressure or quality of flow. This agreement is also contingent upon approval by the Division of Environment, Health, and Natural Resources. Charlotte -Mecklenburg Utilities does not expect any of the above conditions preclude water or sewer service to the subject site. However, the applicant should understand that due to the involvement of other agencies and continuing growth of the water and sewer system. the ability to provide service for future projects cannot be guaranteed nor reserved. Connection to the C-MU system is accepted on a first come, first served basis. Thank you for your interest Charlotte -Mecklenburg Utilities. If you have any questions. please do not hesitate to contact me at (704) 391-5107. Sincerely, RLOTTE-MECKLENBURG UTILITIES Ph son Customer Service Division, New Service Section GkiARLOTfE-MECKLENBURG UTILITIES New Services Section www.cmuti I ities.com 5100 Brookshire Boulevard Charlotte, NC 26216 Ph: 704/399-2221 Fax: 704/393-2219 G") ://)/ _ • ../ ' = ' / • - • ••,) ,••-• • • / • / ",./ -1. • • ‘. ) t- - .1 • / V ":;(-• ' .' ,N. li . . c,,,, 1. r --- • i .• '. • , Viliq, iiii'' , .....,/, ......,Fi% \ \,......„,....-/r-''''le) . 4 _________„,,,,, ..,„.,._ ,„......-__\ ,,,,___....„„.....„____,_ „.............„..,„,„.„...„.„,....,,,./. ...,.,_ ..„‘.),,:_ ,.__, ,:: .___.,...._, ....„), ,.._:.....,, .,.. „..,;,.v.i..,. .....„:„...,,,...„,..., _„..,.. ,,... tit '\----.s.----;-7-17-_--/ '\ ----1 ,... ,„--... ,.... •-3 1 .1—,•,— ,-- / (-----_, g • t.--, 1, 1. 1 / -:::,Li'\•11C) ) INOM 14,-)n-Tvx Name of Stream Description Curr. Class Date Prop. Class Basin Stream Index # McAlpine Creek (Waverly Lake) Campbell Creek Irvins Creek (McEwen Lake) Lake Windermere and Chillis Lake Fourmile Creek Rocky Branch Lake Providence McMullen Creek Steele Creek Walker Branch Polk Ditch Blankmanship Branch Clems Branch West Fork Twelvemile Creek Sixmile Creek Flat Branch Cady Lake Rocky River West Branch Rocky' River South Prong West Branch Rocky River From source to North C Carolina -South Carolina State Line From source to McAlpine C Creek From source to McAlpine C Creek Entire lakes and connecting streams to McAlpine Creek C From source to McAlpine C Creek From source to Fourmile C Creek Entire lake and connecting stream to Rocky Branch C From source to McAlpine C Creek From source to North C Carolina -South Carolina State Line From source to Steele C Creek From source to Walker C Branch From source to North C Carolina -South Carolina State Line From source to North C Carolina -South Carolina State Line From source to Twelvemile Creeek C From source to North C Carolina -South Carolina State Line From source to Sixmile Creek Entire lake and connecting stream to Flat Branch From source to Pee Dee River C C C From source to Rocky C River From source to West Branch Rocky River C 09/01/74 09/01/74 09/01/74 09/01/74 09/01/74 09/01/74 09/01/74 08/01/85 09/01/74 09/01/74 09/01/74 09/01/74 09/01/74 09/01/74 03/01/62 09/01/74 09/01/74 08/03/92 09/01/74 09/01/74 Catawba Catawba Catawba Catawba Catawba Catawba Catawba Catawba Catawba Catawba Catawba Catawba 11-137-9 11-137-9-1 11-137-9-2 11-137-9-3 11-137-9-4 11-137-9-4-1 11-137-9-4-1-1 11-137-9-5 11-137-10 11-137-10-1 11-137-10-1-1 11-137-10-2 Catawba 11-137-11 Catawba 11-138-1 Catawba 11-136-3 Catawba 11-138-3-2 Catawba Yadkin Yadkin Yadkin 11-138-3-2-1 13-17 13-17-3 13-17-3-1 Page 5 of 7 LETTER OF TRANSMITTAL community infrastructure consultants 616 Colonnade Drive Charlotte, North Carolina 28205 TO: NCDENR Mooresville Regional Office 610 E. Center Avenue, Suite 301 Mooresville, North Carolina 28115 ATTENTION: Ms. Dee Browder 704.334.5348 tel. 704.334.0078 fax DATE: May 31, 2006 RE: The Pines at Davidson Sewer Fast Track WKD# 50148.00.CL We are sending via: ❑ Overnight ❑ Regular Mail ❑ Pick-up ® Hand Delivered The following items: ® Correspondence ❑ Plans ❑ Specifications ® Other as listed below: COPIES DATE NO. DESCRIPTION 3 Fast Track application 1 $400 check for application 3 Operational Agreement 1 Stream Classification and USGS Map 2 Flow Acceptance Letter from WSACC and CMU �LYi. G+ '':�'1� non runTl'c+F t C! � ii Di1'pF v;1_lE F-G:O I JUN 0 1 2C THESE ARE TRANSMITTED as checked below: ® For Approval ® As Requested ® For Your Use ❑ For Review and Comment ❑ Approved as Noted ❑ Forward to Subcontractor REMARKS: Please let me know when the approval is completed. ❑ Approved as Submitted 'Awn LIRCES L OFFICE 06 ❑ RetWaCitl iLiT F SECTION COPY TO: File SIGNED: Steve Whaley, PE Pay Elaine F Marshal Secretary Corporations *Corporations Home *Important Notice *Corporate Forms/Fees •Corporations FAQ *Tobacco Manufacturers *Dissolution Reports *Non -Profit Reports •Verify Certification •Online Annual Reports •KBBE B2B Annual Reports Links *Secretary Of State Home *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 Contact Us *Corporations Division •Secretary of State's web site Print *Printable Page North Carolina DEPARTMENT OF THE SECRETARY OF STATE PO Box 29622 Raleigh, NC 27626-0622 (919)807-2000 Date: 6/16/2006 Click here to: View Document Filings 1 Corporation Names Name NC The Pines at Davidson, Inc. NC Davidson Retirement Community, Inc. NC The Pines at Davidson, Inc. Non -Profit Corporation Information Name Type Legal Prev Legal CSL Legal SOSID: Status: Date Formed: Citizenship: State of Inc.: Duration: Registered Agent 0038976 Current -Active 2/17/1983 Domestic NC Perpetual For questions or comments about the N Agent Name: Muller, Edgar L Registered Office Address: 400 Avinger Lane Davidson NC 28036 Pob 118 Davidson NC 28036 No Address 400 Avinger Ln Davidson NC 28036 Registered Mailing Address: Principal Office Address: Principal Mailing Address: Carolina Secretary of State°s eb site, please send e-mail to Webrnaster h w °.secretary.state.nc.us/Corporatiions/Corp spx?Pitemid=4881073 2006