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WQ0034030_Regional Office Historical File Pre 2018
Beverly Eaves Perdue Governor Tt - ArA NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Coleen H. Sullins Dee Freeman Director Secretary May 8, 2009 Mr. Steven Cartee, Senior Vice President Double Oaks Development, LLC 4601 Charlotte Park Drive Suite 350 Charlotte, NC 28217 Subject: Permit No. WQ0034030 Double Oaks Apartments Tax Parcel #075-113-01, -04 C-MU Tracking # 600-09-537 Wastewater Collection System Extension Mecklenburg County, North Carolina Dear Mr. Cartee: In accordance with your complete application received on May 6, 2009 we are forwarding herewith Permit No. WQ0034030, dated May 8, 2009, to Double Oaks 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 This permit shall be effective from the date of issuance until rescinded, and shall be subject to the conditions and limitations as specified therein.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 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 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 Location: 610 East Center Ave., Suite 301 Mooresville, NC 28115 Phone: (704) 663-1699 1 Fax: (704) 663-6040 \ Customer Service: 1-877-623-6748 Internet: www.ncwaterquality.org An Equal Opportunity \Affirmative Action Employer-- 50% Recycled/10% Post Consumer paper No hCarolina Natural!, Mr, Steven Cartee Page 2 May 8, 2009 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 for the construction and operation of approximately 773 linear feet of 8-inch gravity sewer, 112 -linear feet 0 6-inc-h-gravity-sewer,,37 linear feet of 4-inch gravity sewer and the discharge of 15,285 gallons per day of collected domestic wastewater into the Charlotte Mecklenburg Utilities existing sewerage system 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 Irwin Creek VVVVTP (NPDES No. NC0024945) prior to being discharged into the receiving stream. Assessing subsequent impacts to the downstream collection system is the complete responsibility of Charlotte Mecklenburg Utilities. Charlotte Mecklenburg Utilities must utilize whatever tracking tools necessary for planning additions of sewer flow in order to maintain compliance with the WQCS00001 permit requirements. 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 Mr. Michael Parker at (704) 663-1699. Electronic copies: Cc: Sincerely, ftrCoieen H. Sullins Meredith Moore, Mecklenburg County Development of Water Quality Barbara Gross, CMU Philip Edwards, Mecklenburg County Kris Rowe, P.E., LandDesign, Inc. Mooresville Regional Office, Collection System Permit File Surface Water Protection Central Files PERCS I a. 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 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 §143-215.1C. 4. This permit shall not be transferable. In the event there is a desire for the wastewater collection facilities to change ownership, or there is a name change of the Permittee, a formal permit request shall be submitted to the Division accompanied by documentation from the parties involved, and other supporting materials as may be appropriate. The approval of this request shall be considered on its merits and may or may not be approved, 5. Construction of the gravity sewers, pump stations, and force mains shall be scheduled so as not to interrupt service by the existing utilities nor result in an overflow or bypass discharge of wastewater to the surface waters of the State. 6. Per 15A NCAC 2T .0116, 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 drawings shall be maintained on file by he Permittee for the life of the wastewater collection facilities, 8. Failure to abide by the conditions and limitations contained in this permit; 15A NCAC 2T; the Division's Gravity Sewer Design Criteria adopted February 12, 1996 as applicable, the Division's Minimum Design Criteria for the Fast -Track Permitting of Pump Station and Force Mains adopted June 1, 2000 as applicable; and other supporting materials may subject the Permittee to an enforcement action by the Division, in accordance with North Carolina General Statutes §143- 215,6A through §143-215.6C. 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 2E3 ,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. 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 1 of Form CS-SSO (or the most current Division approved form), within five days following iir_stiv-towledge of the occurrence. This report shall outline the actions taken or proposed to ensure that the problem does not recur. Part 11 of Form CS-SSO (or the most current Division approved form) can also be completed to show that the SSO was beyond control. Permit issued this the 8th day of May, 2009. NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION for Coleen H. Sullins, Director Division of Water Quality By Authority of the Environmental Management Commission Permit Number WQ0034030 Permit No. VVODQ34O3Q May 8.2O09 OwnwrfWQCS ShavamCartee 46O1Charlotte Park Drive Suite 350 Chadotte, NC 28217 PE Julian Roberts, P.E. LandOeomn.|nc 223N.Graham Street Charlotte, WC282O2 WQCS8WVVTP Barbara Gross CK8U 51OOBrookshire Blvd Charlotte, NC 28216 Complete and submit this form bothe permit issuing regional office with the following: * One copy ofthe project neoorddnsvvinQs(p|an&pnofi|eviewsofnewer|inea)ofthewamtewaharcnUeotion system extension m 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 ampart ofthis project w Changes tothe project should be clearly identified on the record drawings or in written summary form. Permit modifications are required for any chanqesreeu|dnginnon-compliance nequ|adonsorminimum deaigmcriteria, This project yhaUnotbeconaideredcompk*h*nora|iovxedtooponahaun0dhlsEnginear'sCerbficadonanduU required supporting documentation have been received bythe Division. Therefore, )timhighly recommended that this certification be sent inmmanner that provides proof mfreceipt bythe ENGINEER'S CERTIFICATION 0 Partial F� Final [ .aaaduly i red Professional Engineer inthe State ofNorth Carolina, having been authorized tmobserve (E] periodically, Flweekly, [] full time) the construction cfDouble Oaks Apartmonts.a Mecklenburg County project fo/thePermittee.herebyshate that, hothe best pfnnyabilities, due care and diligence wasuaedintheoba*rvohonoftheconntruohonsuchthattheconstructiunvvas 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 aoapp|icab|e� the Division's Minimum Design Criteria for the Fast -Track Permitting of Pump Stations and Force Mains adopted June 1.2OOQaaapplicable; and other supporting materials, North Carolina Professional Engineer's seal, signature, and date: SEND THIS FORM & SUPPORTING DOCUMENTATION WITH REQUIRED ATTACHMENTS TOTHE FOLLOWING ADDRESS MOORESVILLGREGIONAL OFFICE SURFACE WATER PROTECTION 610 EAST CENTER AVENUE, SUITE J01 K8O(7FlEGK|LLE NC 28115 The Permitteeisresponsible for tracking all partial certifications upuntil a final certification isreceived. Any wastewater flow made tributary to the wastewater collection system extension prior to completion of this Engineer's Certification shall beconsidered aviolation of the permit and shall subject the Permidee to appropriate enforcement actions. 0 Lu z USE THE TAB KEY TO MOVE FROM FIELD TO FIELD! Owner/Pertnittee: la Double Oaks Development, LLC Full Legal Name (company, municipality, HOA, utility, etc.) 1b. Steven Cartee — Senior Vice President Application Number: (to be completed by DWQ) Signing Official Name and Title (Please review 15A NCAC 2T 0'106 (b) for authorized signing officials!) lc. The legal entity who will own this system is: El Individual ❑ Federal El Municipality D State/County Li Private Partnership El Corporation El Other (specify): 1d, 4601 Charlotte Park Drive, Suite 350 e. Charlotte Mailing Address NC 1g State 1 h. 704-342-0933 Telephone Facsimi 2, Project (Facility) lnf©rmat'on: 2a. Double Oaks — Statesville Ave.nApartments _ Brief Project Name (permit will refer to this name) 3. Contact Person: 3a, Kris Rowe, PE Name and Affiliation of Someone Who Can Answer Qu 3b, 704-376-7777 Phone Number 5 City 28217 Zip Code SCarteecmhp.org .. E-mail 2b. Mecklenburg County Where Project is Located LoiAk DWQ-Surface W ons About this Application 3c. KRowe4landdesign.com E-mail Project is New Modification (of an existing permit) If Modification, Permit No.: 2. Owner is © Public (skip to item B(3)) 2a. If private, applicant will be: Private (go to Item 2(a)) 2b. If sold, facili Retaining Ownership (i,e, store, church, single office, etc.) or S Leasing units (lots, townhomes, etc, - skip to Item B(3)) Q Selling units (lots, townhomes, etc. - go to Item B(2b)) CMUD owned by a (must choose one) © Public Utility (Instruction C) © Homeowner Assoc,/Developer (Instruction D) Owner of Wastewater Treatment Facility (WWTF) Treating Wastewater From This Project 4a, Irwin Greek WWTP 4b. NC0024945 Name of WWTF WWTF Permit No, CMUD 5a. 5b. 8" t ;® Gravity Owner of Downstream Sewer Receiving Sewer Size)EI Force Main The origin of this wastewater is (check all that apply): Residential Subdivision Apartments/Condominiums © Mobile Home Park School ED Restaurant El Office Permit # of Downstream Sewer (Instruction E) O Retail (Stores, shopping centers) © Institution © Hospital El Church © Nursing Home El Other (specify): Childcare Center 100 % Domestic/Commercial' % Industrial (attach description.) (RO: contact your Regional Office Pretreatment staff) % Other (specify): 7. Volume of wastewater to be allocated or permitted for this particular project 15,285 _ gallons per day *Do not include future flows or previously permitted allocations 8. If the permitted flow is zero, indicate why: Q Pump Station, Outfall or Interceptor Line where flow will be permitted in 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 (see 15A NCAC 02T .0303 to determine if a permit is required) FTA12It 7 9. Provide the wastewater flow calculations used in determining the permitted flow in accordance with 15A NCAC 2T .0114 for the value in Item B(7) AND/OR the design flow for line or pump station sizing if a reduced or zero flow is being requested in ' Item B(7). Values other than that in 15A NCAC 2T .0114 (b) and (c) must be supported with actual water or wastewater use data in accordance with 15A NCAC 2T .0114 (f). 96 apartment units CO 135 GPD / unit + 93 person childcare 25 GPD / person = 15,285 GPD 10. Summary of Sewer Lines to be Permitted (attach additional sheets if necessary) Size (inches) r 8" SANITARY SEWER 6" SANITARY SEWER 4" SANITARY SEWER Length (feet) New Gravity or Additional Force Main 773 LF GRAVITY 112 LE 37 LF GRAVITY GRAVITY 0 11. Summary of Pump Stations w/ associated Force Mains to be Permitted (attach additional sheets as necessary) LLI M Pump Station Location ID (self chosen - as shown on plans/map for reference) Z. Design Flow Operational Point 1 Power Reliability Option z (MGD) GPM @TDH 1 - permanent generator w/ATS; 0 , 2 - portable generator w/MTS Z 0 Force Main Size I Force Main Length Pump Station Location ID 2 Design Flow 0 (MGD) LL - - Z B. PERMIT Operational Point GPM @TDH (self chosen - as shown on plans/map for reference) T -r Power Reliability Option 1 - permanent generator w/ATS; Force Main Size 2 - portable generator w/MTS , Force Main Length Pump Station Location ID (self chosen - as shown onplan_s/map for reference) —,- Design Flow j Power Reliability Option (MGD) Operational Point 1 - permanent generator w/ATS; I Force Main Size ' Force Main Length GPM Ca?TDH I 2 - portable generator w/MTS 12. Will the wastewater flow in the proposed sewer lines or pump stations be able to be directed to another treatment facility? ,❑ Yes ® No If Yes, permit number of 2nd treatment facility ,(RO - if "yes" to B,12 please contact the Central Office PERCS Unit) 13. 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 Chapter 2T 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 FTAI 2/07 .14. Have the following permits/certifications been submitted for approval for the system or project to be served? Wetland/Stream Crossings - General Permit or 401 Certification? ❑ Yes ❑ No ® N/A Sedimentation and Erosion Control Plan? ® Yes ❑ No ❑ N/A ® Yes ❑ No ❑ N/A Stormwater? i15. Does this project include any high priority lines, [see 15A NCAC 02T .0402 (2)1 involve aerial lines, siphons, or interference manholes)? These lines will be considered high priority and must be checked once every six months Check if Yes: ❑ and provide details la. Owner/Permittee's Certification: (Signature of Signing Official and Project Name) Si 1, Steven Cartee, attest that this application for Double Oaks — Statesville Ave. Apartments has been reviewed by me and is accurate and complete to the best of my knowledge. 1 understand that if all required parts of this application are not completed and that if all required supporting documentation and attachments are not included, this application package is subject to being returned as incomplete. Note: In accordance with North Carolina General Statutes 143- 215.6A and 143-215.68, 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 o . r r r ,er iolation. ffici-I - 're Date ENGINEERING DESIGN DOCUMENTS MUST BE COMPLETED PRIOR TO SUBMITTAL OF THIS APPLICATION. THESE DOCUMENTS MUST INCLUDE PLAN AND PROFILE OF SEWERS, THEIR PROXIMITY TO OTHER UTILITIES, DESIGN CALCULATIONS. ETC. REFER TO 15A NCAC 02T .0305 2. Professional Engineer's Certification: (Signature of Design Engineer and Project Name) 1, Kris Rowe, PE, attest that this application for Double Oaks — Statesville Ave. Apartments has been reviewed by me and is accurate, complete and consistent with the information in the engineering plans, calculations, and al! other supporting documentation to the best of my knowledge. ! 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 other professionals may have developed certain portions of this submittal package, inclusion of these materials under my signature and seal signifies that 1 have reviewed this material and have judged it to be consistent with the proposed design. Note: in accordance with NC General Statutes 143-215.6A and 143-215.68, 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. Kris Rowe, PE Professional Engineer Name 2b. LandDesign, Inc Engineering Firm 2c. 223 N. Graham Street Mailing Address 2d. Charlotte City 2g. 704-376-7777 2h. Telephone 704-332-3246 Facsimile { 2e. NC 2f. 28202 State I Zip 2i. KRowe@LandDesign.com 7 E-mail CAr11 SEAL �. T 32666 . =��•. NGINS, Oil ij��! HERj1�,�r NC PE Seal, Signature & Date FTAI2/07 LandDesiga. urban design planning civil engineering branding landscape architecture DATE: May 5, 2009 PROJECT NAME: Double Oaks — Statesville Ave. Apartments TO: NCDENR FROM: LandDesign, Inc RE: Private Sewer Fast Track Project Narrative PROJECT #: 1008284 This project will consist of the construction of a private sewer main to serve a multi -family apartment building as well as a child care facility. The project will tie to a public CMUD line that is being constructed in conjunction with this project. PO Box 36959 Charlotte, NC 28236-6959 223 North Graham Street Charlotte, NC 28202 V:704.333.0325 F: 704.376.8235 FILE PATH N _2008%100B2841DocstiPermit Fo,ms\NCDENR1Projec: Nar' i e,doc -ATE OF NORTH CAROLINA COUNTY OF Mecklenburg Permit No. y'' DEVELOPER'S OPERATIONAL AGREEMENT This AGREEMENT made pursuant to G.S..1.43-215.1 (di) and entered into this 2th day of February 2009, by and between the North. Carolina Environmental Management Commission, an agency of the State of North Carolina, hereinafter known as the COMMISSION; and Double Oaks Development, LLC, a corporation/general partnership registered/licensed to do business in the State of North Carolina, hereinafter known as the DEVELOPER. WITNESSETH: 1. The DEVELOPER is the owner of the certain lands lying in Mecklenburg County, upon which it is erecting and will erect dwelling units and other improvements, said development to be known as Double Oaks — Statesville Avenue Apartments (hereinafter the Development). 2. The DEVELOPER desires, to construct a wastewater, collection. system with pumps, wastewater treatment works, and/or disposal facilities (hereinafter Disposal System) to provide sanitary sewage disposal to serve the Development on said lands. 3, The DEVELOPER has applied to the COM.MISSI.ON for the issuance of a permit pursuant to G.S. 1.43- 215.1 to construct, maintain, and operate the Disposal System. 4. The DEVELOPER has created or shall create unit ownership in said dwellings units, other improvements and lands through filing of a Declaration of Unit Ownership (hereinafter Declaration), pursuant to Chapter 47C or 47F of the North Carolina General Statutes. 5. The DEVELOPER has caused to be formed or will cause to be formed at the time of filing of the Declaration, the Double Oaks Homeowners 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; of operating, maintaining, re -constructing and repairing the common elements of the lands and .improvements subject to unit ownership, including the Disposal System; and of collecting dues and assessments to provide funds for such operation, maintenance, reconstruction and repair. fa. 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 ni.utually agree as follows: 1. The DEVELOPER shall construct the Disposal System in accordance with the permit and plans and specifications hereafter issued and approved by the COMMISSION, and shall thereafter properly operate and. maintain such systems and facilities in accordance with. applicable permit provisions and law. 2. The DEVELOPER shall not transfer ownership andlor control of the Disposal System to the Associattr:an. 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 he 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'~ successor. FORM. DFV (P/f11 Pagan . 1 of 7. The DEVELOPER shall provide in the Declaration and Association Bylaws that the Disposal System and. appurtenances thereto are part of the common elements and shall thereafter he properly maintained and operated in conformity with law and the provisions of the permit for construction, operation, repair, and maintenance of the system and faciiit.ies. The Declaration and Bylaws shall identify the entire wastewater treatment, collection and disposal system as a common element which will receive the highest priority for expenditures by the Association except for Federal, State, and local taxes and insurance. 5. The DEVELOPER shall provide, in the Declaration and Association Bylaws that the Disposal System will be maintained out of the common expenses.. In order to assure that there shall be funds readily available to repair, maintain or construct the Disposal System, beyond the routine operation and .maintenance expenses, the Declaration and Association Bylaws shall provide that a fund be created out of the common expenses. Such fund shall he separate from the routine maintenance funds allocated for the facility and shall be part of the yearly budget. In the event the common expense a:llr cation and separate fund are not adequate for the construction, repair, and maintenance of the Disposal System, the Declaration and Association Bylaws shall provide for special assessments to cover such necessary costs. There shall he no limit on the amount of such assessments, and the Declaration and Bylaws shall. provide that such special assessments can be made as necessary at any time. 7 If a wastewater collection system and wastewater treatment and/or disposal facility provided by any city, town, village, county, water and sewer authorities, or other unit of government shall hereinafter become available to serve the Development, the DEVELOPER shall take such action as is necessary to cause the existing and future wastewater of the Development to be accepted and discharged into said governmental system, and shall convey or transfer as much of the Disposal System and such necessary casements as the governmental unit may require as condition of accepting the Development's wastewater. a1. 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. The agreements set forth in numbered paragraphs 1, 2, 3, 4, 5, 6, 7, and 8 above shall be conditions of any permit issued by the COMMISSION to the DEVELOPER for the construction, maintenance, repair and, operation of the Disposal System.. 10. A copy of this agreement shall be filed at the Register of Deeds in the Countyt'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 MANAGEMENT COMMISSION Coleen H. Sullins,Director Division of Water Quality (Date) Double Oaks Development, LLC Name of DEN L (Signature) Steve Cartee, Senior Vice President Print N' e and Title FflPM' nFv norm Prwe 7 of''", Allocco, Marcia From: AIlocco, Marcia Sent: Thursday, May 07, 2009 3:05 PM To: 'Denise Wlodyka' Cc: 'Sorensen, Heather; Hall, Erin R. Subject: RE: Request for Extension Hi Ms. Wlodyka, I am granting your response extension and giving Masonite until May 15, 2009, to have your written response in our Office. Please let me know if I can be of further assistance. Regards, Marcia From: Denise Wlodyka rmailto:DWlodyka@masonite.com] Sent: Thursday, May 07, 2009 10:30 AM To: Allocco, Marcia Cc: Ernest Stone; Trey Waldrip Subject: Request for Extension Importance: High Dear Ms. Allocco, Thank you for taking my call earlier today. As we discussed, we would like an extension until May 8, 2009 to respond to the letter postmarked March 31, but received by our EHS Manager today. The letter was in response to a Compliance Evaluation Inspection, and required a written response by April 29, 2009. We regret that we only opened the letter today, May 7, 2009. Due to personal reasons, the site EHS Manager was not at the Charlotte office during much of the month of April. We appreciate your understanding, and will email our initial response to you before the close of business tomorrow, May 8. In addition, Masonite intends to make every effort to be in full compliance by June 29, as required, and will submit a final report addressing the details of the steps taken to return to compliance. If you have any questions, please contact me at the telephone numbers listed below, or you may contact either Ernie Stone, EHS Manager (678-243-9147) or Trey Waldrip, General Manager, (704-921-3411). Denise Wthiyka Senior Environmental Engineer Masonite Corporate Environment 205 W. 4th Avenue Franklin, VA 23851 Office: 757-562-1280 Mobile: 630-881-2322 Think Green - please don't print this email unless you really need to. 1 IMPORTANT NOTICE: This email and the attachments contain proprietary and confidential information of Masonite Corporation.. It is intended to be reviewed only by the recipient, Any review or distribution by others or forwarding of this information without. the consent of Masonite is strictly prohrbited. If you are not the intended recipient, please contact me and delete all copies. 2 TRANSMITTAL 223 North Graham V 704.3330325 F Charlotte, NC 28202 32,3246 esign planning civil en - DATE: 5/5/2009 PROJECT NAME Double Oaks - Statesville Ave Apts TO Dee Browder NCDENR 610 East Center Avenue, Suite 301 Mooresville NC 28115 CC: Steve Canee WE ARE SENDING: VIA: } DRAWINGS SPECIFICATIONS t.x APPLICATIONS FEES REDLINES DISK / CD OTHER QUANTITY: 'ITEM. 1 Review Fee Check 1 Original Singed Application w/ narrative 1 Copy of Application w/ narrative 1 Original Operational Agreement 2 Copies Operational Agreement 1 �CMUD Flow Acceptance 1 USGS Map MAIL FAX COURIER FEDEX GROUND FEDEX OVERNIGHT HAND DELIVERY _ PICK UP EMAIL NOTES:. Dee, NUMBER OF PAGES: 1 PROJECT #: 1008284 BUS. PHONE: (704) 663-1699 BUS. FAX (704) 663-6010 BUS. MOBILE: PURPOSE: Check #269231 APPROVAL _? YOUR USE YOUR INFORMATION REVIEW / COMMENT YOUR REQUEST SIGNATURE Please find enclosed the required materials for the private sewer fast -track permit. Should you need any additional informati me know. Thank you, Matt McLaren FROM: tf this document was delivered via FAX, the accompanying transmission contains confidential enforrnation intended only for the use o If you are not the intended recipient„ you are hereby notified that any disclosure copying, distribution or the taking of any action in reliance on the contesits of this facsimr information is strictly prohibited. If you have received this FAX in error, please immediately notify us by telephone to arrange for disposition or return of the documents to us, p mam Charlotte NC Washington DC Tampa FL Asheville NC Pinehurst NC Charlotte NC Nashville TN 3ei)ing PRC Permit Number WQ0034030 Central Files: APS SWP 05/07/09 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 michaeLparker Permitted Flow 15285 Facility Facility Name Double Oaks - Statesville Ave. Apartments Location Address Owner Permit Classification Individual Permit Contact Affiliation MajorlMinor Region Minor Mooresville County Mecklenburg Facility Contact Affiliation Owner Name Owner Type Double Oaks Development LLC Non -Government Owner Affiliation Steven Cartee 4601 Charlotte Park Dr Charlotte NC 28217 Dates/Events Orig Issue App Received Draft Initiated 05/08/09 05/06/09 Scheduled Issuance Public Notice issue Effective Expiration 05/08/09 05/08/09 Regulated Activities Requested/Received Events Apartment complex Wastewater collection Outfall NULL Additional information received Additional information requested Waterbody Name Stream Index Number Current Class Subbasin H ARLOTTE-MECKLENSURG UTILrTNES March 3, 2009 Mr. Matt. McLaren LandDesign, Inc. 223 North Graham Street Charlotte, NC 28202 SUBJECT: WATER AND SANITARY SEWER FLOW ACCEPTANCE DOUBLE OAKS — STATESVILLE AVENUE APARTMENTS & DAY CARE TAX PARCEL# 075-113-01, -04 C-MU TRACKING# 600-09-537 In response to your request, a flow acceptance study of the subject site has been completed and the following has been determined Charlotte -Mecklenburg Utilities agrees to accept the gravity sewage flow of 15,285 gallons per day (96 apartment units x 135 gpd/unit; 93 person day care x 25 gpd/person) from this project for transmission to the Irwin Creek Wastewater Treatment Plant; NPDES permit number NC0024945, for treatment. This acceptance of flow is based on the existing capacity of the designated publicly owned treatment works. Please see attached basin map and flow tracking form. 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 October 2005, (WSMP # 05-01702 & PWS ID # 0160010), on file with the Public Water Supply Section of NCDENR. However, CMU cannot guarantee a constant pressure or quality of flow. Charlotte -Mecklenburg Utilities does not expect any of the above conditions to 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 Charlotte -Mecklenburg Utilities system is accepted on a first come, first served basis. The applicant should understand that this letter is not authorization to construct private water or sewer systems, as the appropriate local or State permits are required prior to construction. If the appropriate apt on tion construct ermits are not obtained and construction has not st rte within ne 1 issuance of this flow acceptance; and payment for service connection(s) has not been received within year of issuance of this letter, this flow acceptance approval shall be rescinded and a new flow acceptance request must be made. If you have any questions, you may contact me at (704) 391-5129. Barbara Gross Engineering Assistant New Services Section CHARLOTTE-MECKLENBURG UTILITIES, Customer Service Division • New Services Sectiiiiion 0 www.cmutilities.com 5100 Brookshire Boulevard Charlotte, NC 28216 Ph: 704/399-2221 Fax: 704/393-2219 Charlotte -Mecklenburg Utilites WWfP Service Areas with Basins State of North Carolina. Department of Environment and Natural Resources Division of Water Quality Flow Tracking/Acceptance for Sewer Extension Permit Applications (FTSE —10/07) Project Applicant Name: I,andDesign, Inc Project Name for which flow is being requested: Double Oaks - Statesville Avenue Apartments & Day Care More than one FTSE-l0/07 may be required for a single project if the owner of the WWTP is not responsible for all pump stations along the route of the proposed wastewater flow. I. Complete this section only if you are the owner of the wastewater treatment plant. a. WWTP Facility Name: McAlpine Creek, Irwin Creek, Sugar Creek WWTP b. WWTP Facility Permit #: NC0024970, NC0024945, NC0024937 All flows are in MGD 99.0 c. WWTP facility's permitted flow d. Estimated obligated flow not yet tributary to the WWTP e. WWTP facility's actual avg. flow f. Total flow for this specific request g. Total actual and obligated flows to the facility h. Percent of permitted flow used 10.148 66.8 0.015285 75.497 76.3% II. Complete this section for each pump station you are responsible for along the route of this proposed wastewater flow. List pump stations located between the project connection point and the WWTP Pump Station Name Approx. Capacity, MGD Approx. Current Avg. (Fi esign) Daily Flow, MGD III. C rtificatio Statement: , certify that, to the best of my knowledge, the addition of the volume ofwater to be permitted in this project has been evaluated along the route to the receiving wastewater treatment facility and that the flow from this project is not anticipated to cause any capacity related sanitary sewer overflows or overburden any downstream pump station en route to the receiving treatment plant under normal circumstances. This analysis has been performed in accordance with local established policies and procedures using the best available data. This certification applies to those items listed above in Sections I and II for which I am the responsible party. Signature of this form indicates accept ce of thisw tewater flow, °(d / i Signing al Signature Date Project Name: Double Oaks — Statesville Ave. Apartments Project Location: Charlotte, Mecklenburg County, NC North Carolina Secretary of State Page 1 of 1 North Carolina Elaine F. Marshall DEPARTMENT OF THE Secretary SECRETARY OF STATE PO Box 29622 Raleigh, NC 27626-0622 (919)807-2000 CORPORATIONS Corporations Home . Search By Corporate Name Search For New & Dissolved Search By Registered Agent Important Notice Resale of Tickets Online Corporations FAQ Homeowners' Association FAQ Tobacco Manufacturers Unincorporated Non -Profits Dissolution Reports Non -Profit Reports Verify Certification Online Annual Reports LINKS & LEGISLATION KBBE B2B Annual Reports SOSID Number Correction 2001 Bill Summaries 1999 Senate Bills Annual Reports 1997 Corporations 1997 Professional Corporations Register for E-Procurement Dept. of Revenue ONLINE ORDERS Start An Order New Payment Procedures CONTACT US Corporations Division TOOLS Secretary of State Home Secretary of State Site Map Printable Page Date: 5/7/2009 Click here to: View Document Filings 1 Sign Up for E-Notifications 1 Print apre-populated Annual Report Form I Annual Report Count I File an Annual Report I Corporation Names Name Name Type NC Double Oaks Legal Development, LLC Limited Liability Company Information SOSID: Status: Date Formed: Citizenship: State of Inc.: Duration: Registered Agent 0928511 Current -Active 7/18/2007 Domestic NC Perpetual Agent Name: Charlotte -Mecklenburg Housing Partnership, Inc. Registered Office Address: 4601 Charlotte Park Drive Suite 350 Charlotte NC 28217 Registered Mailing 4601 Charlotte Park Drive Suite 350 Address: Charlotte NC 28217 Principal Office Address: 4601 Charlotte Park Drive, Suite 350 Charlotte NC 28217 Principal Mailing Address: 4601 Charlotte Park Drive, Suite 350 Charlotte NC 28217 http://www.secretary.state.nc.us/corporations/Corp.aspx?PitemId-8263198 5/7/2009 RECEIVED DIVISION OF WATER OUALITY Permit No, WQ0034030 May 8, 2009 N 0 v 0 SVVP SECTION MOORESVILLE. REGIONAL OFFICE OwnerANQCS PE WQCSPNWTP Steven Cartee Julian Roberts, P,E, Barbara Gross 4601 Charlotte Park Drive LandDesign, Inc, CMU Suite 350 223 N. Graham Street 5100 Brookshire Blvd Charlotte, NC 28217 Charlotte, NC 28202 Charlotte, NC 28216 Complete and submit this form to the permit issuing regional office with the fol ing: • 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 rnodificati ns are re uired for an han es sul lianc ith this e regulations or minimum design criteria; This project snail not be considered complete nor ailciwed to operate until this Engineer's Certification and alt 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 receiml by the Division. ENGINEER'S CERTIFICATION E Partial IN Final Kristopher W. Rowe, RE, , as a duly registered Professional Engineer in the State of North Carolina, having been authorized to observe (EI periodically, LJ weekly, El full time) the construction of Double Oaks Apartments, 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 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: f ft ° f'VG I 1,4*-14: • • ‘1,1 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 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 urban design TRANSMITTAL 223 North Graham Street, Charlotte, NC 28202 V: 704.333.0325 F: 704.332.3246 engineering branding landscape architecture 1T1 DATE: 1118/201 0 PROJECT NAME: 1008284 DOUBLE TO: FROM: CC. ADGER AVENUE MF DW© - Mooresville Regional Office Surface Water Protection 610 East Center Avenue, Suite 301 Mooresville. NC 28115 none a?none.com Matt McLaren LandDesign, Inc. 223 North Graham St Charlotte, NC 28202 MMcLaren@landdesign,coni PROJECT #: 1008284 RECEIVED DIVISION OF WATER QUALITY SW° 1 EC ION MOORESVILLE REGIONAL OFFICE lagle(Cox-Schepp Constructs n ley Charlotte-Mecklenburct itousinq Partnershi WE ARE SENDING: Double Oaks, Private Sewer Certification VIA: Overnight PURPOSE: For your approval Quantity 1 NOTES: batted piton Double Oaks Private Sewer Certification Double Oaks Private Sewer Record Drawings Please find enclosed the required materials for the certification of the private sewer fo:r Double Oaks Apartments (WO 0034030). Should you have any questions, please do not hessitate to call. Thank you, Matt A. McLaren, PE Senior Associate LandDesign y Charlotte NC 223 North Graham. Street Charlotte, NC 28202 V: 704.376.7777 V F': 704,332.3246 °hints document was r'tefveeed via FAX, the accompanying transmission contains nenhaentiai it, atISMIc)0 teetotal 'hereby n oohed ttuat any chantcneure, copying, dtstributi©n ur the taking cif soy action in reactant on Xho o moats us by telephotos to arrange Sr disposition Of return of the documents to Ux riyiter the use of The ted¢akivai of the entity named abase. It you are not the intended reicipient yen are 4xescinete init1111Vitii. is etcectfy poshthated If you have received ttrer FA S in truer, please itemech eery notify Charlotte NC SNa h'ington DC Charlotte NC about:blank 1 I '2010