WQ0031638_Regional Office Historical File Pre 2018 (2)

Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
April 24, 2007
Mr. Ray Farris, III, President
Tuscan Development, LLC
1355 Greenwood Cliff, Suite 400
Charlotte, North Carolina 28204
Subject: Permit No. WQ0031638
Tuscan Development, LLC
BLOC90
Wastewater Collection System Extension
Mecklenburg County, North Carolina
Dear Mr. Farris:
any in accordance with your application received on March 27, 2007, and additional information
received on April 24, 2007, we are forwarding herewith Permit No. WQ0031638, dated April 24, 2007,
to Tuscan Development, 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 This permit shall be effective from the date of issuance until rescinded, and shall be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 apart
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 2T .0403 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 2T; 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 Avenue, Suite 301, Mooresville, NC 28115
Phone: [phone] / Fax: [phone] / Internet: hitp:/1h2o.enr.state.nc.us
An Equal Opportunity/Affirmative Action Employer--50% Recycled/10% Post Consumer Paper
Nne
orthCarolina
?aturalltj

,Lay Farris, ill
April 24, 2007
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 Tuscan Development, LLC for the construction and operation of approximately 620 linear
feet of 6-inch gravity sewer to serve 90 residential units as part of the BLOC90 project; and the
discharge of 17,100 gallons per day of collected domestic wastewater into the Charlotte Mecklenburg
Utilities' existing sewerage system, pursuant to the application received March 27, 2007, 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 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 Sugar Creek WWTP.(NPDES No. NC0024937) prior to being discharged into the
receiving stream.
This permit shall become voidable unless the agreement between Tuscan Development, 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 through §143-215.6C 143-215.6A 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 1508 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 W. Klimek, P.E.
cc: Mecklenburg County Health Department
Mooresville Regional Office, Surface Water Protection (Fast Track Sewer Ext Files)
Dudley Stone, P.E., ColeJenest & Stone, PA
Surface Water Protection Central Files
PERCS Files

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ii
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 2T; 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 2T .0403. If an individual
permit is not required, the following performance criteria shall be met as provided in 15A NCAC 2T
.0403:
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 shalt 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 §143-215.1C.

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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
othersupporting 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 2T .0.116, 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.
•
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
21 5.6A through.§143-2.15.6C:
•
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 28 .0200 and 15A NCAC 2H .0500.
11. Noncompliance Notification:
The ,Permittee shalt 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. . _

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 (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.
12. 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 a 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.
Permit issued this the 24th day of April, 2007.
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
for Alan W. Klimek, P.E.,' Director
Division of Water Quality
By Authority of the Environmental Management Commission
Permit Number WQ0031638
3

COUNTY OF %v1EGKLE/VSCJ, 6— Permit No. VtJc C31635
of
DEVELOPER'S OPERATIONAL AGREEMENT
This AGREEMENT made pursuant to G.S. 143-215.1 (di ) and entered into this 24 day -
A PTR I L-
2Ce2 9 , by and between the North Carolina Environmental NvEanagement
Commission, an agency of the State of North Carolina, hereinafter known as the COMMISSION; and Tuscan
Development III, LLC., a corporation/general partnership registered/licensed to do business in the State or .
North Carolina, hereinafter known as the DEVELOPER.
WITNESSETF1:
l . • The DEVELOPER. is the owner of the certain lands Tying in Mecklenburg County, upon which iris
erecting and will erectdwel ling units and other improvements, said development to be known
as BLOC90 (hereinafter the Development)..
2. The DEVELOPER desires, to construct a wastewater collection system witli 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 DEVELOPERhas.applied to the COMMISSION for the issuance ofa permit pursuant to G.S. 143-.
2E5.1 to construct, maintain, and operate the Disposal System, •
4. The DEVELOPER has created or shall create unit ownership in said dwellings units, other improvements
and lands through filing of a Declaration of Unit Ownership (hereinafter Declaration), pursuant to Chapter
47C or 47F of the North Carolina* General Statutes:
The DEVELOPER has caused to be formed or will cause to.he formed at the time of filing of the
Declaration, the [3LOC 90 Home Owners` Association (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 of the
lands and improvements subject to unit ownership, including the Disposal System; and of collecting dues
and assessments to provide funds for such operation, maintenance, re -construction and repair.
6. The COMMISSION desires to assure that the Disposal System of the Development is properly
constructed, maintained and operated in accordance with law and permit provisions in order to protect the
quality of the waters of the State and the public interest therein.
NOW, THEREFORE, in consideration of the promises and the benefits.to be derived by each of the parties
hereto, the COMMISSION and DEVELOPER do hereby mutually agree as Follows:
1. The DEVELOPER shall construct the Disposal System in accordance with the permit and. plans and
specifications hereafter issued and approved by the COMMISSION, and shall thereafter properly operate
*and maintain such systems and facilities in accordance with applicable permit provisions and Taw.
2. The DEVELOPER shall not transfer ownership and/orcontrol of the Disposal System to the Association
until construction has been completed in accordance with the permit and approved plans, and the staff of
the Division of Water Quality has inspected and approved of the facilities. In order to change the name of.,
the permit holder, the DEVELOPER must request that the permit be reissued to the Association. The
request must include a copy of the Association Bylaws and Declaration.
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 02/03 Page I .of 2

--. .-� - ,---,The:DL-'VELOPER shall-}erg_vicic-_in_tbe_Deciaration_and:AssociatioltBylaws.that_ths_DisposalES_ystenhand• ---�
appurtenances thereto are part of the common elements and shall thereafter be properly maintained and
operated in conformity with law and the provisions of the permit for construction, operation, repair, and
maintenance of the system and facilities. The Declaration and Bylaws shall identify the entire wastewater
treatment. collection and disposal system as a common element which will receive the highest priority for
expenditures by the Association except for Federal, State, and local taxes and insurance.
5. The DEVELOPER shall provide in the Declaration and Association Bylaws that the Disposal System will
be maintained out of the common expenses. In order to assure that there shall be funds readily available
to 'repair, maintain or construct the Disposal System; beyond the routine operation and maintenance
expenses, the Declaration and Association 'Bylaws shall provide that a fund be created out of the common
expenses. Such fluid shall be separate from the routine maintenance funds allocated for the facility and
shall be part of the yearly budget.
6. In the event the common expense allocation and separate fiend 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 (he 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 govermnent'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 Systein.and such necessary easements as the
governmental unit may require as condition of accepting the Development's wastewater.
S. 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 I, 2, 3, 4, 5, 6, 7, and 8 above shall be conditions of any
permit issued by the COMMISSION to the DEVELOPER for the construction, maintenance, repair and
operation of the Disposal System.
10. A copy of this agreement shall be filed at the Register of Deeds in the County(ies) where the Declaration
is filed and in the offices of the Secretary of State of North Carolina with the Articles of Incorporation of
the Association.
IN WITNESS WHEREOF, this agreement was executed in duplicate originals by the duly authorized
representative of the parties hereto on the day and year written as indicated by each of the parties named below:
FOR THE ENVIRONMENTAL
MANAS,EMENT COMMISSION
Alan W. Klimek, P.E., Director
Division of Water Quality.
(Date)
Tuscan Development LLC
Named DEVELOPER
f
(Signature)
By:
r.
, 1 -
Print Name and Title
/tS-/o7
. (Date)
t
FORM: DEV 02/03
Page 2 of 2

Beverly Eaves Perdue
Governor
Robbie Patterson
Caroland Development, LLC
6130 Harris Technology Boulevard
Charlotte, NC 28269
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Charles Wakild, P. E. Dee Freeman
Director Secretary
March 12, 2012
Subject: Approval of Application No. WQ0031638 (Change of Ownership)
BLOC9d
Wastewater Collection System Extension
Mecklenburg County
Dear, I 'Ii. Patterson:
In accordance with your request for modification received March 8th, 2012, we are
forwarding herewith Permit No. WQ4031638, dated April 24th, 2007 to Caroland Development, LLC
for the continued operation of the subject wastewater collection extension. This modification is to
change ownership from Tuscan Development, LLC to Caroland Development, LLC. Our database
has been revised to reflect that ownership has changed from the Tuscan Development, LLC to
Caroland Development, LLC.
Please attach this letter to Permit No. WQ0031638 to reflect that as of March 12th 2012,
ownership was changed to Caroland Development, LLC and Caroland Development, LLC is now
liable for Permit No. WQ0031638. This cover letter shall be considered a part of the attached permit
and is therefore incorporated therein by reference. This permit is effective from the date of issuance
until rescinded and shall be subject to the conditions and limitations specified therein.
1617 Mail Service Center„ Raleigh, North Carolina 27699-1617
Location: 512 N. Salisbury St. Raleigh, North Carolina 27604
Phone: [phone] FAX: [phone]
Internet vomer.ncwaierquality.orvg
N©rthCaraiina
aturallq
An Equal Opportunity 1 Affirmative ,Action Employer

Robbie Patterson
March 12th, 2012
Page 2 c12
If you have any further questions regarding this letter please contact Michael Leggett at
919-807-6312 or via email at [e-mail].
Deborah Gore
PERCS Unit Supervisor
enclosures: WQ0031638
cc: Ray Farris HI, President Tuscan Development, LLC
1355 Greenwood Cliff, Suite 400
Charlotte, NC 28204
Jeremy T. Horton, El CIS, with enclosures
200 South Tryon Street, Suite 1400
Charlotte, NC 28202
Dee Browder, Mooresville Regional Office
Central Files
PERCS Files

Fast Track Engineering Corti °fi atiion
Permit No. WQ0031638
April 24, 2007
Cary land Development, LLC
as Court Appointed Receiver
for Soma Lofts, LLC
6130 I-farrls Technology Blvd.
Charlotte, NC 28269
Robed M. Baysden, PE, LEE© AP
ColeJenest & Stone, PA
200 South Tryon Street, Suite 1400
Charlotte, NC 28202
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 dearly identified on the record drawings or in written summary form. Permit
odifi kio s ar re aired for an chap es resultin in n n om Hance with this ermit re ul lions or
minirnum 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 ©ivisfon.
ENGINEER'S CERTIFICATION
© Partial final
I. 207y=• z 7n. 36‘,5i,6 s a duly registered Professional Engineer in the State of North Carolina, having
been authorized to observe s periodically, 0 weekly, Q full time) the construction of the BLOC9O,
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 2T; 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, NORTH CAROLINA 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.

es
flaffH.ng
Landscape Arch.,txct.ure
20,3 South SLHe 1.40C; cniplottic'., NC 282-02
. 734 316 1555 .„ 701, i76
•
Date: February 22, 2012
Reference: 4047 — BLOC 90 — Construction Administration
Attention: Ms Dee Browder
Company: North Carolina Department of Environment
and Natural Resources
Mooresville Regional Office
Division of Water Quality
610 East Center Street, Suite 301
Mooresville, North Carolina 28115
We Are
Transmitting:
Copies
1
1 ea.
Dated
02/09/12
02/22/12
02/08/12,
02/09/12 „
Tel
TRANSMITTAL
704-633-1699
Herewith 0 Under Separate Cover
Sewer Line As -Built
Engineers Cert
As -Built Survey
Description
ation Fine
As-Builts (PDF Compact Disc)
Transmitted (1 Mail 4 Overnight 0 Courier 0 Hand Delivery Pick -Up
Via:
For Approval 0 For Your Use
Ej As Requested Ej For Review
Remarks: As required for Permit WQ0031638, attached is the Engineer's
Certificate and As -Built Plans. Please send us confirmation of receipt
and approval at your earliest convenience.
By:
CC:
Kindly call with any questions or comments,
Jerem
SMM
Horton, El
Mr, James W. Merriman, AIA — PW
Mr. Robert M. Baysden, PE, LEED AP — CJS
Ms, Valerie K. Haynes, PE, LEED AP BD+C — CJS
i';',SDSKPR-f,,,,P, 404 7, Cfn t T, f fri4 Ctr,ieE One Asbui