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HomeMy WebLinkAboutWQ0037438_Regional Office Historical File Pre 2018NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory John E. Skvarla, Ill Governor Secretary November 4, 201.4 Mr, Ricky J. McCorkle Lightway Properties, LLC 7512 Polyantha Rose Circle Weddington, NC 28104 Subject: .Pennit No. WQ0037438 Ballantyne 55 16 Wastewater Collection System Extension Mecklenburg County, NC Dear Mr. McCorkle: In accordance with your complete application received October 30, 2014, we are forwarding herewith Permit. No. WQ0037438, dated November 4, 2014, to Lightway Properties, 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 This permit shall be effective from the date of issuance until rescinded, and shall be subject to the conditions and limitations as specified therein.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 and supplement shall be considered a part of this permit and are therefore incorporated therein by reference. Please pay particular attention to the following conditions contained within this permit: Condition II.4: Requires that the wastewater collection facilities be properly operated and maintained in accordance with 15.A NCAC 2T .0403 or any individual system -wide collection system permit. issued to the Permittee. It shall be responsibility of the Lightway Properties, LLC 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 §143-21.5.6A through §143-215.6C, construction of additional or replacement wastewater collection facilities, and/or referral of the North Carolina -licensed Professional Engineer to the licensing board„ If any parts, requirements, or limitations contained in this permit are unacceptable, you have the right to request an adjudicatory hearing upon written request within 30 days following receipt of this permit. This request must be in the form of a written petition, conforming to Chapter 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, 2317 Mai Service Center, Raleigh, North Carolina 27699-2317 Location: 512 N, Salisbury St Raleigh, North Carolina 27604 Phone: 919-807-6300 FAX 919-807-6492 Internet: www:ncwaierResources.oati An Equal Opporturrfy Affirmative Action Employer 'A CDENR STATE OF NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES WASTEWATER COLLECTION SYSTEM EXTENSION PERMIT In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina as amended, and other applicable Laws, Rules, and Regulations, permission is hereby granted to the Lightway Properties, LLC for the construction and operation of approximately 900 linear feet of 8-inch gravity sewer and 150 linear feet of 6-inch gravity sewer to serve Ballantyne 5516, and the discharge of 8,740 gallons per day of collected domestic wastewater into the McAlpine Creek WWTF existing sewerage system, pursuant to the complete application received October 30, . 2014, 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. This permit shall be effective from the date of issuance until rescinded and shall be subject to the specified conditions and limitations contained therein. ermit issued this the 4th day of November, 2014. /L„ for Thomas A. Reeder Division of Water Resources By Authority of The Environmental Management Commission Permit Number: WQ0037438 above occurrences shall file a spill report by completing and submitting Part I of Form CS-SSO (or the most current Division approved forrn) within five days following first knowledge of the occurrence. This report must outline the actions taken or proposed to be taken to ensure that the problem does not recur. Part Il of Form CS- SSO (or the most current Division approved form) can also be completed to show that the SSO was beyond control. 6. Construction of the gravity sewers, pump stations, and force mains shall be scheduled so as not to interrupt service by the existing utilities nor result in an overflow or bypass discharge of wastewater to the surface waters of the State. 7. Per 15A NCAC 2T.0123, upon completion ofconstruction and prior to operation of these permitted facilities, the completed Engineering Certification form attached to this permit shall be submitted with the required supporting documents to the address provided on the form. A complete certification is one where the form is fully executed and the supporting documents are provided as applicable. Any wastewater flow made tributary to the wastewater collection system extension prior to completion of this Engineer's Certification shall be considered a violation of the permit and shall subject the Permittee to appropriate enforcement actions. If the permit is issued to a private entity with an Operational Agreement, then a copy of the Articles of Incorporation, Declarations/Covenants/Restrictions, and Bylaws that have been appropriately filed with the applicable County's Register of Deeds office shall be submitted with the certification. A complete certification is one where the form is fully executed and the supporting documents are provided as applicable. Supporting documentation shall include the following: a. One copy of the project construction record drawings (plan & profile views of sewer lines & force mains) of the wastewater collection system extension. Final record drawings should be clear on the plans or on digital media (CD or DVD disk) and are defined as the design drawings that are marked up or annotated with after construction information and show required buffers, separation distances, material changes, etc. b. One copy of the supporting pump station design calculations (selected pumps, system curve, operating point, buoyancy calculations, 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. c. Changes to the project that do not result in non-compliance with this permit, regulations, or the Minimum Design Criteria should be clearly identified on the record drawings, on the certification in the space provided, or in written summary form. Prior to Certification (Final or Partial): Permit modifications are required for any changes resulting in non- compliance with this permit (including pipe length increases of 10% or greater, increased flow, pump station design capacity design increases of 5% or greater, and increases in the number/type of connections), regulations, or the Minimum Design Criteria. Requested modifications or variances to the Minimum Design Criteria will be reviewed on a case -by -case basis and each on its own merit. Please note that variances to the Minimum Design Criteria should be requested and approved during the permitting process prior to construction. After -construction requests are discouraged by the Division and may not be approved, thus requiring replacement or repair prior to certification & activation. 8. A copy of the construction record drawings shall be maintained on file by the Permittee for the life of the wastewater collection facilities. 9. Failure to abide by the conditions and limitations contained in this permit; 15A NCAC 2T; the Division's Gravity Sewer Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast -Track Permitting of Pump Station and Force Mains adopted June 1, 2000 as applicable; and other supporting materials may subject the Permittee to an enforcement action by the Division, in accordance with North Carolina General Statutes §143-215.6A through §143-215.6C, construction of additional or replacement wastewater collection facilities, and/or referral of the North Carolina -licensed Professional Engineer to the licensing board. 10. 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. 11. 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. FAST TRACK ENGINEERING CERTIFICATION Permittee: Lightway Properties, LLC Permit No. WQ0037438 Project: Bailantyne 5516 — Mecklenburg County Issue Date: 11/4/2014 Complete and submit this form to the permit issuing regional office with the following: One copy of the project record drawings (plan & profile views and detail drawings of sewer lines) of the wastewater collection system extension. Final record drawings should be clear on the plans or on digital media (CD or DVD disk) in pdf format, Record drawings should indicate the design and the marked up changes during construction, 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. Modifications should be submitted prior to certification. This project shall not be considered complete nor allowed to operate until the Division has received this Engineer's Certification and all required supporting documentation 'Therefore, it is highly recommended that this certification be sent_in a manner that provides proof of receipt by the Division. PERMITTEE'S CERTIFICATION , the undersigned agent for the Permittee, hereby state that this project has been constructed pursuant to the applicable standards & requirements, the Professional Engineer below has provided applicable design/construction information to the Permittee, and the Permittee is prepared to operate & maintain the wastewater collection system permitted herein or portions thereof. Printed Name, Title Signature ENGINEER'S 'CERTIFICATION [l Partial El Final l; , as a duly registered Professional Engineer in the State of North Carolina, having been authorized to observe (© periodically, El weekly, ❑ full time) the construction of the subject 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 02T; the Division of Water Resources (Division) Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable: the Division's Minimum Design Criteria for the Fast -Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable; and other supporting materials. Date North Carolina Professional Engineers Seal, signature, and date: SEND THIS FORM & SUPPORTING DOCUMENTATION WITH REQUIRED ATTACHMENTS TO THE FOLLOWING ADDRESS SURFACE WATER PROTECTION SUPERVISOR MOORESVILLE REGIONAL OFFICE 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 stewater 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,. DWQ Use Only: Flow from this project is tributary to: z 0 1- 0 LL z z USE THE TAB KEY TO MOVE FIB OM Owner/Pernnittee: la. LIGHTWAY PROPERTIES Application Number: (to be completed by DWR) Full Legal Name (company, mur icipaIityF HOA, utility, etc,) 1b. RICKY J MCCORKLE, MANAGING MEMBER _ Signing Official Name and Title (Please review t 5A ! AC lc, The legal entity who will own this system is ❑ Individual ❑ Federal ❑ Municipality ❑ State/County ❑ Privt 1d. 7512 POLYANTHA ROSE CIRCLE Mailing Address 1f. NC State 1h. 704-201-8412 Telephone 2. Project (Facility) Inform 2a, BALLANTYNE 5516 Brief Project Name (permit 3. Contact Person: 3a. CINDY FLEHAN PE Name and Affiliation of Someone 3b. 704-904-1832 Phone Number 1 i. N/A Facsimile ation: efer to this name) for authorized signing officials) rte Partnership Corp 1e. WEDDINGTON ation Li Other (specify): City lg. 28104 Zip Code 1j. rick fi htwa ro e'ie E-mail 2b. MECKLENBURG County Where Project is Locale ho Can Answer Questions About' this Application 3c, kind eh_ 9 anen ineerin_e .com fi E-mail Project is ® New ❑ Modification (of an existing permit) Owner is ❑ Public (skip to Item 8(3)) 0 Private (go to item 2(a)) 2a. If private, applicant will be Retaining Ownership (Le. store, church, single office, etc 0 Leasing units (lots. townhomes, etc. -skip to Item 8(3)) ® Selling units (lots, townhomes„ etc. - go to item B(2b)) 3, CHARLOTTE MECKLENBURG UTILITIE Owner of Wastewater Treatment Facility (WV TF) Treating Wastewater From This Project f Modification, Pen -nit No: 2b. If sold, facilities owned by a (must choose one) or ❑ Public Utility (Instruction D) Homeowner Assoc./Developer (instruction E) 4a MCALPI'NE CREEK Narne of WWTF 5a. CMUD Owner of Downstream Sewe 5b, 8" Receivin Z 6. The origin of this wastewater is (check a Residential Subdivision Apartments/Condominiums Mobile Home Park ❑ School 0 Restaurant ❑ Office 4b. NC 0024970 WWTF Permit No. Gravity 5c. WQ0007369 Sewer Size ❑ Force Main Permit # of Downs that apply): ❑ Retail (Stores, shopping centers) 0 Institution ❑ Hospital El Church Nursing Home ❑ Other (specify): 7. Volume of wastewater to be allocated or permitted for this particular project: 8,74€p *Do not include future flows or previously permitted allocations 8. If the permitted flow is zero, indicate why: am Sewer (fnstru+tion f) % Domestic/Commercial Industrial (Attach Description) % Other (Attach Descrirstion) gallons per day El 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 NC..AC. 02r 0303 to determine if a permit is required) 14 Ai'PL.,ICr f`IC)N Page 5 of 6 W Z Z O 0 �-' Z p H Q 2 LL_.__........_ Z H g a! ICI I i i13p 9. Provide the wastewater flow calculations used the value in Item B(7) AND/OR the design flow in determining the permitted flow in for line or pump station sizing if a 2T .0114 (b) and (c) must be supported (f). additional sheets if necessary) accordance with 15A NCAC 2T .0114 for reduced or zero flow is being requested in with actual water or wastewater use Item B(7). Values other than that in 15A NCAC data in accordance with 15A NCAC 2T .0114 46 UNITSX190 GPD/UNIT = 8,740 GPD 10. Summary of Sewer Lines to be Permitted (attach Size (inches) Length (feet) € New Gravity or Additional Force Main 8., 899.8 NEW GRAVITY 6" 149.7 [ NEW GRAVITY 11 Summary of Pump Stations wl associated Pump Station Location ID: Force Mains to be Permitted (attach additional sheets as on planslmap for necessary) reference) (self chosen - as shown Longitude: Latitude: Design Flow Power Reliability Option 1 (MGD) ;Operational Point! 1 - permanent generator w/ATS; I GPM @TDIi 2 - portable generatorwlMTS Force Main Size Force Main Length j L reference) — .._.._........_—._.._........ --- — ._._.....--____ Pump Station Location ID: (self chosen - as shown on plans/map for ;Longitude: Latitude: Design Flow (MGD) Operational Point _ GPM @TDH Power Reliability Option I - permanent generatorwIATS; 2 - portable generator wIMTS Force Main Size Force Main Length If 1 `. 112. Will the wastewater flow in the proposed sewer lines or pump stations be able to be directed to another treatment facility? facility : Office PERCS Unit) _._.__ _-._.__._..._ Design Criteria for the Permitting of Pump Stations and Force Mains ❑ Yes O. No If Yes, permit number of 2nd treatment •( if y to B,12 please contact the Central Does the sewer system comply with the Minimum (latest version), the Gravity Sewer Minimum Design Criteria (latest version) and 15A NCAC Chapter 2T as applicable? If No, complete and submit the Variance/Alternative 10-141 application and supporting Application and ►Yes ■No Design Request IVADC documents for review. Approval of the request is required prior to submittal of the Fast Track supporting documents. FTA 10-14 APPLICATION Page 6 of 6 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 Certif cation? Q Yes © No Mwsdt N/A Sedimentation and Erosion Control Plan? Z Yes 0 No El N/A Trout Buffer Waiver? © Yes ❑ No N/A Stormwater? ® Yes © No [1 N/A 15, Does this project include any high priority lines (i 3A NCAC 02T 0402 (2)) 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: Lf and provide details: Owner/Permittee's Certification: (Signature of Signing Official and Project Name) RICKY JMCCORKLE attest that this application for BALLANTYNE 5516 has been reviewed by me and is accurate and complete to the best of my knowledge, l 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 143-21 y.dA and 1432.15 613„ 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. �1G + ,741cCork e Managing Member Signing Official Signature 10/27/2014, 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, CYNTHIA A FLEHAN attest that this application for BALLANTYNE 5516 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, 1 further attest that to the best of my knowledge the proposed design has been prepared in accordance with the applicable regulations, Gravity Sewer Minimum Design Criteria for Gravity Sewers adopted February 12, 1996, and the Minimum Design Criteria for the Fast -Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 and the watershed classification in accordance with Division guidance. Although 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 1437 1=5,6A and 14 3-2'15.6E, 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. CYNTHIA A._FLEHAN, PE Professional Engineer Name 2b. FLEHAN ENGINEERING. INC. Engineering Firm 2c. 5408 GUILDBROOK ROAD Mailing Address 2d. CHARLOTTE City 2g 704-904-1832 2h. 704•-364-3843 State Zip cindy@flehanengineering,corn Telephone Facsimile E-mail NC PE a Signature mate 4 APPLICATION Pao 7 sit'6 STATE OF NORTH CAROLIINA couNTy oF NIECKLIENBURG 61( Permit No. HOM.E/PROPERTy OWNERS OPERATIONAL AGREWENT AG.REEMENT made pursuant to G.S. 143-215.1 (d1) and entered into thisday of by and between the North Carolina Enironintnta1 EnvironmentalManagement. Com„ iSSiOn, an agency of he State of North Carolina, hereinafter k.nown as the COMMISSION; and. 173/964 MI; ,_.5:5-7 .07on-profit corporation organized , and existing under and by virtue of the .a- '-. of the State of North Carolina, hereinafter known. as the ASSOCIATION. WITN ESSEf1-1: The ASSOCIATION was formed for the purpose, among others, of handling the property, affairs and RATT AN" 'FYN 5 1, 6 business of the development known as (hereinafter the Development); of operating, maintaining, re -constructing and repairing the common elements of the lands and improvements subject to unit ownership, including the wastewater collection system with pumps, wastewater treatment works, and/or disposal facilities (hereinafter Disposal System); and of collecting, dues and assessment to provide funds for such operation, maintenance, re -construction and repair. 2. The ASSOCIATION desires, to construct and/or operate a Disposal System to provide sanitary sewage disposal to serve the Development on said lands. 3. The ASSOCIATION has applied to the COMMISSION for the issuance of a. permit pursuant to G.S. 143- 215.1 to construct, maintain, and/or operate the Disposal System. 4. The 'Development. was created subject to unit ownership in the dwellings units, other improvements and lands through filing of a Declaration of Unit Ownership (hereinafter Declaration), pursuant to Chapter 47C or 47F of the North Carolina General Statutes. 5. The COMMISSION desires to assure that the Disposal System of the Development is properly constructed, maintained and operated in accordance with law and permit provisions in order to protect the quality of the waters of the State and the public interest therein. NOW, THEREFORE-, in consideration of the promises and the benefits to be derived by each of the parties hereto, the COMMISSION and ASSOCIATION do hereby mutually agree as follows: 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. The ASSOCIATION shall provide in the Declaration and Association Bylaws that the Disposal System and appurtenances thereto are part of the common elements and shall thereafter be proper1y. maintained and operated in conformity with law and the provisions of the permit for construction, operation, repair, and maintenance of the system and facilities. The Declaration and Bylaws shall identify the entire wastewater treatment, collection and disposal system as a common element which will receive the highest priority for expenditures by the Association except for Federal. State, and local taxes and insurance. FORM: FIOA 08-13 Page 1 of 2 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 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 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. 5. 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 1, 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. 9. 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 BALLANTYNE 5516 ANAGEMENT COMMISSION Name of ASSOCIATION trz Thomas A. Reeder, Director Division of Water Resources !/ (Date) FORM: HOA 08-13 fr/2./1, By: kicky (7McCoik e (Signature) RICKY J MCCORKLE, MANAGING MEMBER Print Name and Title 1.0/27/2014 (Date) Page 2 of 2 STATE (:)F NORTH CAR. .NA COUNTY OF .._. Permit No. DEVELOPER'S OPERAT.I()N.AL.,: AGREEMENT AGREEMENT made pursuant to G.S. 143-215.1 (d 1) and entered into this day of by and between the North Carolina Environmental Management Commission, an agency of the State of North Carolina, hereinafter known as the COMMISSION; and , a corporation/general partnership registered/licensed to do h Carolina, hereinafter known as the DEVELOPER, business in the State W1TNlSSETH: 1. The DEVELOPER is the owner of the certain lands lying E L EN` ..: County, upon which it is erecting and will erect dwelling units and other improvements, said development to be known BALLas _ �'''""' (hereirr.afier theDevelopment). The DEV.ELOPL R. desires, to construct a wastewater collection system vvith pumps, wastewater treatment works, and/or disposal facilities (hereinafter Disposal System) to provide sanitary sewage disposal to serve the Development on said lands. 3. The DEVELOPER has applied to the COMMISSION for the issuance of a permit pursuant to G.S. 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 improverttents and lands through tiling 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 firing of the Declaration, the (Unit 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; 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, re -construction and repair. h. The COMMISSION desires to assure that the Disposal System of the Development is properly, constructed, maintained and operated in accordance with law and permit provisions in order to protect the quality of the waters of the State and the public interest therein. NOW, THEREFORE, in consideration of the promises and the benefits to be derived by each of the parties hereto, the COMMISSION and DEVELOPER do hereby mutually agree as follows: I. The DEVELOPER shall construct the Disposal System in accordance with the permit and plans and specifications hereafter issued and approved by the COMMISSION, and shall thereafter properly operate and maintain such systems and facilities in accordance with applicable permit provisions and law. The DEVELOPER shall not transfer ownership and/or control ofthe Disposal System to the Association until construction has been cornpleted in accordance with the permit and approved plans, and the staff of the Division. of Water Resources has inspected and approved of the facilities. In order to change the name of the permit holder, the DEVELOPER must request that the permit be reissued to the Association. The request must include a copy ofthe Association Bylaws and Declaration. 3. The DEVELOPER shall not transfer, convey, assign or otherwise relinquish or release its responsibility for the operation and maintenance of its Disposal System until a permit has been reissued to the DENELOPER"s successor. .FORM,:LV 08-13 Page 1 of 2 4. The DEVELOPER shall provide in the Declaration and Association Bylaws that the Disposal System and appurtenances thereto are part of the common elements and shall thereafter be properly maintained and operated in conformity with law and the provisions of the permit for construction, operation, repair, and maintenance of the system and facilities. The Declaration and Bylaws shall identify the entire wastewater treatment, collection and disposal system as a common element which will receive the highest priority for expenditures by the Association except for Federal, State, and local taxes and insurance. 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 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 fund are not adequate for the construction, repair, and maintenance of the Disposal System, the Declaration and Association Bylaws shall provide for special assessments to cover such necessary costs. There shall be no limit on the amount of such assessments, and the Declaration and Bylaws shall provide that such special assessments can be made as necessary at any time. 7. If a wastewater collection system and wastewater treatment and/or disposal facility provided by any city, town, village, county, water and sewer authorities, or other unit of government shall hereinafter become available to serve the Development, the DEVELOPER shall take such action as is necessary to cause the existing and future wastewater of the Development to be accepted and discharged into said governmental system, and shall convey or transfer as much of the Disposal System and such necessary easements as the governmental unit may require as condition of accepting the Development's wastewater. 8. Recognizing that it would be contrary to the public interest and to the public health, safety and welfare for the Association to enter into voluntary dissolution without having made adequate provision for the continued proper maintenance, repair and operation of its Disposal System, the DEVELOPER shall provide in the Association Bylaws that the Association shall not enter into voluntary dissolution without first having transferred its said system and facilities to some person, corporation or other entity acceptable to and approved by the COMMISSION by the issuance of a permit. 9. The agreements set forth in numbered paragraphs 1, 2, 3, 4, 5, 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 LIGHTWAY PROPERTIES, LLC ANAGEMENT COMMISSION Thomas A. Reeder,Director Division of Water Resources (Date) ///z-e/1 Name of DEVELOPER By: kicky,]MCCti'* (Signature RICKY J MCCORKLE, MANAGING MEMBER Print Name and Title 10/27/2014 (Date) FORM: DEV 08-13 Page 2 of 2 • (CM CHARLOTTE. CHARLOTTE-MECKLENBURG UTILITY DEPARTMENT June 27, 2014 Ms. Cynthia Flehan Flehan Engineering, Inc. 5408 Guildbrook Road Charlotte, NC 28226 SUBJECT: WATER AND SEWER FLOW ACCEPTANCE BALLANTYNE 5516 PARCEL ID# 225-112-07, 225-112-26 C-Mil TRACKING# 600-14-576 A flow acceptance study of the subject site has been completed and the following has been determined: Charlotte -Mecklenburg Utility Department agrees to accept the gravity sewage flow of 8,740 gallons per day (46 townhome units x 190 gpd/unit) from this project for transmission to the McAlpine Creek Wastewater Treatment Plant; NPDES permit number NC0024970, for treatment. This acceptance of flow is based on the existing capacity of the designated publicly owned treatments works. Please see attached FTSE form. Charlotte -Mecklenburg Utility Department 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, PWS ID # 0160010, on file with the Public Water Supply Section of NCDENR. However, Charlotte -Mecklenburg Utility Department cannot guarantee a constant pressure or quality of flow. 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 Utility Department 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 authorization to construct permits are not obtained and construction has not started within one (1) year of issuance of this flow acceptance letter, and payment for any service connection(s) has not been received within (1) year of the issuance of this flow acceptance letter, this flow acceptance approval shall be rescinded and a new flow acceptance study must be made. If you have any questions, you may contact me at (704) 432-5801. Sincerely, Barbara Gross Engineering Assistant CHARLOTTE-MECKLENBURG UTILITY DEPARTMENT Engineering Division • Installation & Development Services www.cmutilities.com 700 North Tryon Street Charlotte, NC 28202 Ph: 704/432-5801 Fax: 704/432-5804 i9ivPAoi+ of Water resources State of North Carolina Department of Environment and Natural Resources Division of Water Resources Flow Tracking/Acceptance for Sewer Extension Applications (FTSE 08-13) Project •Applicant Name: Flehan Engineering, Inc. Project Name for which flow is being requested: Ballantyne 5516 ,afore than one I ,SE maybe required for a single project if the owner (lithe WWTP is not responsible far all pump stations along the route oj'the proposed wastewater florae. 1. Complete this section only if you are the owner of the wastewater treatment plant. a. WWTP Facility Name: McAlpine Creek, Irwin Creek, Sugar Creek t'rATP b. WWTP Facility Permit #: NC002.4970, NC0024945, NC3024937 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 All flows are in MGD 99.0 9.891 69.238 0.00874 79.129 79.99$ 11. 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: (A) (E) (C) (0)=(B+C) (E)=(A-D) Design Obligated, Pnnap Average Daily Approx. Not Yet Total Current Station Firni Flow" Current Avg. Tributary Flow Plus (Naive or Capacity,* (Finn / pf), Daily Flow, Daily Flow, Obligated Available Number) MGD MGD MGD MGD Flow Capacity** * The Firm Capacity of any pump station is defined as the maximum pumped flow that can be achieved with the largest pump taken out of service. Design Average Daily Flow is the firth capacity of the pump station divided by a peaking factor (pf) not less than 2.5. *Y* A Planning Assessment Addendum shall be attached for each pump station located between the project connection point and the WWTP where the Available Capacity is < 0. Page 1 of 6 FTSE 08- I 3 111. Certification Statement: l`F certify to the best of my knowledge that the addition of the volumed wastewater 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, given the implementation of the planned improvements identified in the planning assessment where applicable. This analysis has been performed in accordance with local established policies and procedures using the best available data. `Phis certification applies to those items listed above in Sections 1 and 11 plus all attached planning assessment addendum's for which I am the responsible party. Signature of this form indicates acceptance of this wastewater flow. Signing Official rSignature Page 2 of 6 6 /2°// Date 1'1'SE 08-13 `far► Charlotte -Mecklenburg Utilites WWTP Service Areas with Basins 1 erraServer Image Courtesy 4I ine u qua raguiuxi ;.;F'.31i'I To I?rinrer Back To FerraSh Provid d' nee, North Car ' 2Km 0' Show Guid Lines 'iMi Terms of Use Privacy Statement http://terraserver-usa.corn/Printimage.aspx?T=2&S=14&Z =17&X=162& Y=1212& W=1 &q... 3/9/2009 Corporations Division Page 1 of 1 North Carolina 4 Elainemarshal'DEPARTMENT O rCl iE secrefaty SE CRE"NARY of STATE ,P0 Box 2 :622 R3Eei#1, JC 27626-Th 2? (919)97?-2C00 Click Here To: Account Login Register View Document Filings File an Annual Report Print a Pre -Populated Annual Report form Amend a Previous Annual Report Corporate Names Legal: LightWay Properties, L.L.C. Limited Liability Company Information Sosld: Status: Annual Report Status: Citizenship: Date Formed: Fiscal Month: State of Incorporation: Registered Agent: Corporate Addresses 1016326 Current -Active Current Domestic 12/11/2007 December NC McCorkle, Ricky J Mailing: Principal Office: Reg Office: Reg Mailing: 7512 Polyantha Rose Cir Weddington, NC 28104-6234 7512 Polyantha Rose Cir Weddington, NC 28104-6234 7512 Polyantha Rose Cir Weddington, NC 28104-6234 7512 Polyantha Rose Cir Weddington, NC 28104-6234 Company Officials Manager: Ricky Joseph McCorkle 7512 Polyantha Rose Circle Weddington NC 28104 http://www.secretary.state.nc.us/Search/profeorp/8659230 10/3 I /2014 Flehan Engineering, Inc. Civil Engineering • Hydrology • Site Plan Design October 27, 2014 North Carolina Department Division of Water Quality 610 Center Avenue Mooresville, NC 28115 Environment and Natural Resources Reference: Ballantyne 5516 Project Narrative Mecklenburg County, North Carolina To Whom it May Concern: The proposed project will include the construction of 46 single family attached townhomes. The townhomes will be gravity flow to the existing sewer in Ballantyne Commons Parkway. This sewage will ultimately go to the McAlpine Treatment Plant. The estimated flow for this development will be 8,740 gpd, based on 46 units x 190 gpd/unit, Included with this submittal you will find the original of the Fast Track Application, as well as one copy, a check for $480, the Operational Agreements for the Homeowner's Association, the Downstream Sewer, WWTF Capacity and Flow Tracking/Acceptance Form and a site map. Please feel free to give me a call if you have any questions. Sincerely, a�. Cindy A' 1ehan, P.E. Flehan Engineering, Inc. 5408 Gaildbrook Road • Charlotte, North Carolina 28226 •364-3842 (Fax) 364-3843 THESE ARE TRANS TIED FOR YOUR: LETTER OF TRANSMITTAL Information Review & Comment ri Records Distribution REVISION COPIES SHEET # DATE DESCRIPTION CO EN TS r Use Approval • Central Files: APS SWP _ 11/4/2014 Permit Number WQ0037438 Permit Tracking Slip Program Category Status Project Type Non -discharge Active New Project Permit Type Gravity Sewer Extension, Pump Stations, & Pressure Sewer Extensions Primary Reviewer barry.Jove Coastal SWRuie Permitted Flow 8,740 Facility Version Permit Classification 1.00 Individual Permit Contact Affiliation Facility Name MajoriMinor Region Ballantyne 5516 Minor .Mooresville Location Address County Mecklenburg Facility Contact Affiliation . Owner Owner Name Ughtway Properties LLC Dates/Events Owner Type Non-Govemment Owner Affiliation Ricky J. McCarkle 7512 Polyantha Rose Cir Wesley Chapel NC 28104 Orig Issue 11/4/2014 Scheduled App Received Draft Initiated Issuance Public Notice Issue Effective Expiration 10/30/2014 11/4/2014 11/4/2014 Regulated Activities Requested /Received Events Subdivision Wastewater collection Outfall Additional information requested Additional information received Waterbody Name Streamindex Number Current Class Subbasln FAST TRACK ENGINEERING CERTIFICATION Permittee: Lightway Properties, LLC Permit No. WQ0037438 Project: Ballantyne 5516 — Mecklenburg County issue Date: 11/412014 MOORFSViti. E REGIONAL OFFICE Complete and submit this form to the permit issuing regional office with the following: One copy of the project record drawings (plan & profile views and detail drawings of sewer lines) of the wastewater collection system extension. Final record drawings should be clear on the plans or on digital media (CD or DVD disk) in pdf format. Record drawings should indicate the design and the marked up changes during construction. Supporting design calculations (selected pumps, system curve„ operating point, available storage if portable generators) or storage greater than longest past three year outage reliability option selected) for any pumpstations 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 re uired f©ran chan es resu in in noncom f once with this permit, re s Motions or minimum desij p triter a. Modifications should b submitted rlor to certification. Thus project shall not be considered complete nor allowed to operate until the Division has received this Engineer`s Certification and all required supporting documentation. Therefore it is lei hl recommended that this p rtifip_ation be sent in a manner that rovides proof of, receipt by the Division, PERMITTEE'S CERTIFICATION the undersigned agent for the Permittee, hereby state that this project has been constructed pursuant to the applicable standards & requirements, the Professional Engineer below has provided applicable design/construction information to the Permittee„ and the Permittee is prepared to operate & maintain the wastewater collection system permitted here), portions thereof 1rw: Printed Name, Title ENGINEER'S CERTIFICATION • Partial r Final duly registered Professional Engineer in the State of North Carolina, having been authorized to operiodically, weekly, l[1 full time) the construction of the subject project 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 02T; the Division of Water Resources (Division) Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; the Division's Mihimum, Design Criteria for the Fast -Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable; and other supporting materials Date North Carolina Professional Engineer's Seal, signaturnd date: SEND THIS FORM & SUPPORTING DOCUMENTATION WITH REQUIRED ATTACHMENTS TO THE FOLLOWING ADDRESS SURFACE WATER PROTECTION SUPERVISOR MOORESVILLE REGIONAL OFFICE 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, l)t,iti,',.,r, from