WQ0022433_Regional Office Historical File Pre 2018

a Michael F. Easley, Governor
.6 William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E., Director
Division of Water Quality
April 4, 2003
Ellen Engelhardt
Engelhardt Development, LLC
5708 Maylin Lane
Charlotte, NC 28210
Subject: Permit No. WQ0022433
Engelhardt Development
Whispering Oaks Apartments
Wastewater Collection System Extension
Rowan County
Dear Ms Engelhardt:
In accordance with your application received March 10,2003, we are forwarding herewith Permit
No. WQ0022433, dated April 4, 2003, to Engelhardt Development for the construction and operation of
the subject wastewater collection system extension. This permit shall be effective from the date of
issuance until rescinded, and shall be subject to the conditions and limitations as specified therein. This
cover letter shall be considered a part of this permit and is therefore incorporated therein by reference.
Please pay particular attention to Permit Condition 3 which requires that the wastewater collection
facilities be properly operated and maintained in accordance with 15A NCAC 2H .0227 or any individual
system -wide collection system permit issued to the Permittee. Also note Permit Condition 12 regarding
future flow allocation to the subject wastewater collection system.
Permitting of this project does not constitute an acceptance by the Division of Water Quality
(Division) of any part of the project that does not meet 1)15A NCAC 2H .0200, 2) the Division's Gravity
Sewer Minimum Design Criteria adopted February 12, 1996 as applicable, and 3) 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 with 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.
7
fitbER
Mooresville Regional Office Internet http://h2o.enr.state.nc.us/
919 N. Main Street, Mooresville, NC 28115 Telephone [phone] Fax [phone]

Ellen Engelhardt
Page
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 Engelhardt Development for the construction and operation of approximately 916 linear
feet of 8°-inch gravity sewer to serve a 40 bedroom apartment as part of the Whispering Oaks
Apartments project, and the discharge of 9600 gallons per day of collected domestic wastewater into
the City of Salisbury existing sewerage system, pursuant to the application received March 10, 2003
and in conformity with 15A NCAC 2H .0200; the Division's Gravity Sewer Minimum Design Criteria
adopted February 12, 1996, as applicable; the Division's Minimum Design Criteria for the Fast -Track
Permitting of Pump Stations and Force Mains adopted June 1, 2000, as applicable; and other
supporting data subsequently filed and approved by the Department of Environment and Natural
Resources and considered a part of this permit.
This permit shall become voidable unless the agreement between Engelhardt Development and
the City of Salisbury for the collection and final treatment of wastewater is in full force and effect.
If any parts, requirements, or limitations contained in this permit are unacceptable, you have the
right to request an adjudicatory hearing upon written request within 30 days following receipt of this
permit. This request must be in the form of a written petition, conforming to Chapter 150B of North
Carolina General Statutes, and filed with the Office of Administrative Hearings, 6714 Mail Service
Center, Raleigh, NC 27699-6714. Unless such demands are made, this permit shall be final and
binding.
If you need additional information concerning this matter, please contact Dee Browder at (704)
663-1699.
Sincerely,
for Alan W. Klimek, P.E.
cc: Rowan County Health Department
Mooresville Regional Office, Water Quality Section (W A/TF Permit No. NC0023884
Sinclair and Associates
Water Quality Central Files
NDPU Files
"pia ,';r=rti1'Yr

NORTH CAROLINA
ENVIRONMENTAL MANAGEMENT COMMISSION
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
RALEIGH
WASTEWATER COLLECTION SYSTEM EXTENSION PERMIT
This permit shall be effective from the date of issuance until rescinded and shall be subject to the
following specified conditions and limitations:
1. This permit shall become voidable unless the wastewater collection facilities are constructed in
accordance with the conditions of this permit; 15A NCAC 2H .0200; the Division of Water Quality's
(Division) Gravity Sewer Minimum Design Criteria adopted February 12, 1996, as applicable; the
Division's Minimum Design Criteria for the Fast -Track Permitting of Pump Stations and Force
Mains adopted June 1, 2000, as applicable; and other supporting materials unless specifically
mentioned herein.
2. This permit shall be effective only with respect to the nature and volume of wastes described in the
epplicati:n and other supporting data.
3. The wastewater collection facilities shall be properly maintained and operated at all times. The
Permittee shall maintain compliance with an individual system -wide collection system permit for the
operation and maintenance of these facilities as required by 15A NCAC 2H .0227. If an individual
permit is not required, the following performance criteria shall be met as provided in 15A NCAC 2H
.0227:
a. The sewer system shall be effectively maintained and operated at all times to prevent
discharge• to land. or surface waters, and any contravention of the groundwater •standards in
15A NCAC 2L..0200 or the surface water standards in 15A NCAC 2B .0200.
b. A map of the sewer system shall be developed prior to January 1, 2004 and shall be actively
maintained.
c. An operation and maintenance plan shall be developed and implemented.
d. Pump stations that are not connected to a telemetry system shall be inspected every day (i.e.
365 days per year). Pump stations that are connected to a telemetry system shall be
inspected at least once per week.
e. High -priority sewer lines shall be inspected at least once per every six-month period of time.
f. A general observation of the entire sewer system shall be conducted at least once per year.
g. Inspection and maintenance records shall be maintained for a period of at least three years.
h. Overflows and bypasses shall be reported to the appropriate Division regional office in
accordance with 15A NCAC 2B .0506(a), and public notice shall be provided as required by
North. Carolina General Statute §143-215.1 C.

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. Upon completion of construction and prior to operation of these permitted facilities, a certification, a
copy of the construction record drawings, as well as supporting design calculations for any pump
stations permitted as part of this project shall be received from a North Carolina -licensed
Professional Engineer certifying that the facilities have been installed in accordance with this
permit; 15A NCAC 2H .0200; the Division's Gravity Sewer Design Criteria adopted February 12,
1996 as applicable; the Division's Minimum Design Criteria for the Fast -Track Permitting of Pump
Station and Force Main adopted June 1, 2000 as applicable; and other supporting materials. if this
project is to be completed in phases and partially certified, you shall retain the responsibility to
track further construction approved under the same permit, and shall provide a final .certificate of
completion once the entire project has been completed. A copy of the construction record
drawings, indicating the facilities constructed in the phase being certified, shall be submitted with
each partial certification. Mail the Engineer's Certification, one copy of the "Construction Record
Drawings," and one copy of the supporting design calculations to the Non -Discharge Permitting
Unit, 1617 Mail Service Center, Raleigh, NC 27699-1617.
7. A copy of the construction record drawings shall be maintained on file by the Permittee for the life
of the wastewater collection facilities.
8. Failure to abide by the conditions and limitations contained in this permit; 15A NCAC 2H .0200; the
Division's Gravity Sewer Design Criteria adopted February 12, 1996 as applicable; the Division's
Minimum Design Criteria for the Fast -Track Permitting of Pump Station and Force Mains adopted
June 1, 2000 as applicable; and other supporting materials may subject the Permittee to an
enforcement action by the Division, in accordance with North Carolina General Statutes §143-
215.6A through §143-215.6C.
9. In the event that the wastewater collection facilities fail to perform satisfactorily, including the
creation of nuisance conditions, the Permittee shall take immediate corrective action, including
those as may be required by this Division, such as the construction of additional or replacement
facilities.
10. The issuance of this permit shall not exempt the Permittee from complying with any and all
statutes, rules, regulations, or ordinances that may be imposed by other government agencies
(local, state and federal) which have jurisdiction, including but not limited to applicable river buffer
rules in 15A NCAC 2B .0200, erosion and sedimentation control requirements in 15A NCAC Ch. 4
and under the Division's General Permit NCG010000, and any requirements pertaining to wetlands
under 15A NCAC 29 .0200 and 15A NCAC 2H .0500.
11. Noncompliance Notification:
The Permittee shall report by telephone to the Mooresville Regional Office, telephone number
[phone], as soon as possible, but in no case more than 24 hours or on the next working
day, following the occurrence or first knowledge of the occurrence of either of the following:.
2 _

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 sreatrment of all or any portion of the influent to such station or facility.
Persons reporting such occurrences by telephone shall also file a written report in letter form 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.
Permit issued this the April 4, 2003
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
for Alan W. Kli ek, P.E., Director
Division of Water Quality
By Authority of the Environmental Management Commission
Permit Number WQ0022433

Fast Track Engineering Certification
Permit No. WQ0022433
March 28, 2003
Complete and submit this form to the permit issuing regional office with the following:
One copy of the project record drawings (plan & profile views of sewer lines) of the wastewater collection
system extension
6 supporting design calculations (selected pumps, system curve, operating point, available storage if portable
generator(s) or storage greater than longest past three year outage reliability option selected) for any pump
stations permitted as part of this project
Changes to the project should be dearly identified on the record drawings or in written summary form. Permit
modifications are required for any changes resulting in non-compliance with this permit, regulations or
minimum design criteria.
This project shall not be considered complete nor allowed to operate until this Engineers Certification and all
required supporting documentation have been received by the Division. Therefore, it is highly recommended
that this certification be sent in a manner that provides proof of receipt by the Division.
ENGINEER'S CERTIFICATION
❑ Partial ❑ Final
, as a duly registered Professional Engineer in the State of North Carolina, having
been authorized to observe (❑ periodically, D weekly, ❑ full time) the construction of the Whispering Oaks
Apartments, Rowan County project for the Permittee hereby state that, to the best of my abilities, due care and
diligence was used in the observation of the construction such that the construction was observed to be built
within substantial compliance of this permit; 15A NCAC 2H .0200; the Division of Water Quality's (Division)
Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design
Criteria for the Fast -Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable; and
other supporting materials.
North Carolina Professional Engineer's
seal, signature, and date:
r
SEND THIS FORM & SUPPORTING DOCUMENTATION
WITH REQUIRED ATTACHMENTS TO THE FOLLOWING ADDRESS
MOORESVILLE REGIONAL OFFICE
919 N. MAIN STREET
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 Perm ittee to appropriate
enforcement actions.
V..lb3'.170
I:T_4.ifY��iR�
L JW�' i•.t

SINCLAIR & ASSOCIATES, PI -LC
To: Moore sville Resional
Company: NCDENR - Attention M
Address: 919 North Main Street
Mooresville, NC 28115
[phone] or (704) 6
We transmit for your:
Q Approval
Use Review an
„iullun L, Other:
Project #: 7017
# of Co
Description
2 Revised Set of Site Pia
vin
in with. Existing SS
HB
d Proposed MH3
Transmitted Via: Hand Delivery ❑ Pick. Up ❑ U.S. Postal Service El Overnight Courier (FedEx/Other)
Comments:
Distribution:.
File with Copy
ithout Copy
Per
Dempsey P. Miller, P.E.
Division Manager

To:
SINCLAIR & ASSOCIATES, PLLC
Project #: 7017
LETTER OF TRANSMITTAL
Company: NCDENR
Address: 512 North Salisbury Street
Suite 1219
Raleigh, .NC.27604
We transmit for your:
❑ Approval E Use
Date: 03/06/03
Job: Whispering Oaks,
® Review and Comment E Information El Other:
# ofCopies
1
Description
Fast -Track Application - Englehardt Development, LLC
1
Fast -Track Application - City of Salisbury
1
Water & Sewer Plan Submittal Worksheet
1
Watershed Classification Attachement
1
Set of Site Plans
1
Set of Utiity Plans
2
Checks to NCDENR P. ` 4 r } :' :: r,
Transmitted Via: ® Hand Delivery ❑ Pick Up ❑ U.S. Postal Service ❑ Overnight Courier (FedEx/Other)
Comments:
Distribution:
® File with Copy ❑ File without Copy
Per:
Dempsey P. Miller, P.E.
Division Manager
ENGINEERS • SURV:EYORS • MANAGERS
2211-E Executive Street • Charlotte, NC 28208 • 704-926-0981 • Fax: [phone]

Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E., Director
Division of Water Quality
March 19, 2003
Dempsey Miller, PE
Sinclair & Associates, PLLC
2211-E Executive Street
Charlotte, NC 28208
Subject: Transfer of Fast Track Permit Application Package
Whispering Oaks Apartments — Permit No. WQ0022433
Wastewater Collection System Extension
Rowan County
Dear Mr. Miller:
The Non -Discharge Permitting Unit of the Division of Water Quality (Division) acknowledges receipt of
your permit application and supporting -materials on March 10, 2003. However, as of March 14, 2003, the
central office transferred responsibility for this permitting program to the regional offices per the attached
letter.
This letter is to inform you of our new • procedures and let you know that we have forwarded your
package to the Mooresville Regional Office for review and permitting. Please also note at this time,
processing fast -track permit applications can take as long as 30 days after receipt of a complete
application.
If you have any questions about your permit application, please contact Dee Browder at the Mooresville
Regional Office at 704-663-1699, Please reference the permit number shown above. For general
questions about the Fast Track permitting program, contact me at 919-733-5083, extension 371, or via e-
mail at [e-mail].
Sincerely,
lI -
K. Marie Doklovic, P.E.
Environmental Engineer
cc: Mooresville Regional Office, Water Quality Section
Non -Discharge Permitting Unit Internet http:/Jh2o.enr.state.nc.uslndpu EN
1617 Mail Service Center, Raleigh, NC 27699-1617 Telephone [phone] Fax [phone]
DENR Customer Service Center
Telephone [phone]
�no� rPcvrlad/10% oost-consumer paper

State of North Carolina
Department of Environment and Natural Resources
Division of Water Quality
FAST -TRACK APPLICATION
for GRAVITY SEWERS, PUMP STATIONS, AND FORCE MAINS
('Pressure sewers systems are not to be included as part (Willis application package)
TIIJS FORM AL,1 Y RE PHOTOCOPIED FOR C:'.SE 4 5.1 AN ORIGINAL,.
INSTRUCTIONS: Indicate that you have included the following lest of required application package items by signing your
initials in the space provided next to each item_ Failure to submit all required items will lead. to additional processing and review
time for the permit application.
X_ A. Application Form - Submit one orsginal and one copy of the cr'ttnpleted and appropriately executed application form„
Any changes to this form will result ias the application 'faeing. returned, The Division of Water Quality (Division) wwfi
only accept application packages that have been fully completed with all applicable items addressed. You do not
to suhanit detailed plans and specifications unless you respond NO to item. IV.6. and/or item IV 1(1..
B. Attachment - Submit the completed and properly executed 1 orris WSCA 10/99 .for each watershed %vithin the ,project
location.
C. Application Fee « Submit a check in the amount of $.400 tirade payable to. North Carotin
and Natural Resources (NCDFNR).
'Environment
N/A D. Certificates of Public C:onvenienee and Necesslty —1fthe application is being suhrnittcd an the name of a privately --
owned public utility, submit two copies of the Certificate. of :Public Convenience and Necessity, which demonstrates
that the public utility is authorized to hold the utility franchise for the area to be served by the sewer extension. If a
Certificate of Public Convenience and Necessity has not been issued, provide two copies of a letter frorn the NC
Utilities Commission's Public Staff that states that an application for a franchise has been received, that the service area
i ;ontiguous to an existing franchised area, and/or that franchise approval is expected.
X E ,Operational Agreements — Submit one original and two copies of a properly execute. operational agreement if the
sewer extension will be serving residential or commercial lots (e.ge, houses, condominiums, to‘ nhoruaes, outparcels,
etc.) that will be owned by a homeowners' association or developer, 1f the applicant is a homeowners" ttssatclatton, use
Form I tOA 10/99. If the applicant is a developer, use Form DEV 10/99.
X F. Flow Acceptance Letters m If the owner of t e downstream tiev ers a:ndlor WW"Fi° is different from the appticanl,
submit two copies of a flow acceptance letter owner of the downstream sewers and WWII'. Flow acceptance
letters must contain the following minimum 'information: applicant and project name. amount of flow accepted, and.
name and permit number of the receiving scssers./ WTF. The flow acceptance must not expire prior to permit.
issuance and must be dated less than a year prior to the application date. Intergovernmental agreements or other
contaacts will not be accepted in lieu of a project -specific flow acceptance letter.
THE COMPLETED APPLiCATION PACKAGE, IN+CLi;DIN G ALL SUPPORTING INFORMATION AND
MATERIALS, SHOULD BE SENT TO THE FOLLOWING ADDRESS:
NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISi.ON OF WATER QUALITY
NON -DISCHARGE PERMITTING UNIT
By U.S. Postal Service:
1617 MAIL SERVICE CENTER
RALEIGH, NORTH CAROLINA 27699-161.7
Fo
ore
By Courier/Special Delivery:
512 NORTH SALISBURY STREET, SU
RALEIGH, NORTH CAROLiNA 27604
TELEPHONE NUMBER: [phone]
FACSIMILE NUMBER: [phone]
nformation, visit our web site at: I,2o.enr.state.r e.us/ndlui/
E 1219
FORM: F" I 06/00
Page 1 o

03119103
Permit Number
Program Category
Non -discharge
/00022433
Permit Type
Gravity Sewer Extension, Pump Stations, & Pressure Sewer
Extensions
Primary Reviewer
dee.browder
Permitted Flow
Facility Name
Whispering Oaks
Location Address
Owner
Owner Name
Engelhardt development LLC
siEvertt
Ong Issue
Regulated Acti
NULL
Scheduled
App Received Draft Initiated Issuance
03/10103
Outtalt
Waterbody Name
Permit Tracking Slip
Status
In review
Version
Project Type
New Project
Permit Classif'ic attc n
Individual
Per Contact A€nation
Major/Minor Region
Minor Mooresville
County
Rowan
Facility Contact Affiliation
Owner Type
Non -Government
Owner Affiliation
Ellen Engelhardt
5708 Maylin Lane
Charlotte
Public Notice Issue
Stream Index Number
NC 28210
Effective Expiration
Reoalested/Reived Event
RC) staff report received
RO staff report requested
Additional information requested
Additional infornlstlon received
SING Ltit} & ASSOCIATES OF CHARLOTTE, PLLC
P'11. 704P2,6,AV 1 'Q
2211 271_E EXECTIVST
C; HAHLLTTE. 11C . 709
The Palmetto Bank
lirn'cdr.Sot& ate,k s
-N61M1, PAL
7017
000 10p U' r:o 5 3 EC 1 LSE 05 1 1 E, SO a*
Current Class
Subbasin
1005
§1-1 Z01552
f

February 6, 2.003
Mr. Barry Mitchell, P.E.
Sinclair & Associates, PLLC
2211-E Executive Street
Charlotte, NC 28208
Re: WHISPERING OAKS APARTMENTS
TAX MAP 57, P 142-2
Dear Mr. Mitchell,
The City's water treatment facility and distribution system have sufficient capacity to support an
additional demand of 9,600 GPD created by the 40 units proposed for the future Newsome Road
development. The existing water main in Newsome Road is an 8" water main and is available
for the proposed development to connect,
The City's wastewater treatment facility, the Salisbury Yadkin River Regional Wastewater
Treatment Plant,. permit # NC0023884, and collection. system also have sufficient capacity to
support an estimated additional flow of 9,600 GPD created by the proposed development An
existing sanitary sewer main (8" diameter) is located on Newsome Road. Depending upon the
existing topography of the parcel to he developed and the depth of the existing sanitary sewer, the
development may require a lift station to access the existing public sanitary sewer main,
Connection to the existing public water and sanitary sewer systems will be subject to City
approval of the site plan and other engineering drawings for the proposed development.
If you have any questions or concerns please contact me at [phone].
Laura L. Vanhoy
Utilities Engineer
SALISBURY ROWAN UTILITIES DEPARTMENT
Utilities Engineering Division
100 W. Innes Street, Suite 301, Salisbury, NC 28144
[phone] Fax [phone]

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01:35 Pr1 S I NCLA I RgtASSUC
704 9260982
P.05
FORM: ETA 06/00
Name and complete ad
City:
Telephone number?
4. Project name (name of the subdivision, fa
Whiaperi,nn Oaks Apartment
Applicntiorr Number:
GENERAL INFORMATION:
Applicant's name (name of the stun
pality, corporation,
t
iwidut,l, et
Owner's or signing official's name and title (15A NCAC 211 ,02O6(b)):
FngJ ai tit—Develo
of appli
Scat
Zip:
rsumbe
blishnlen'k, etc )::
5. County where project is located: Rowan
6, Fee submitted: $ 400. 00
7. Name and complete address of engin
(See Instruction C)
Sinclair Assoc.
2211—E Executive
PLLC
City: Charlotte
Telephone number04 ) 26-0981
State: NC
Zip: 2i2,08
umber. ( 704 )926-Q9e2
Name and affiliation of contact person who can answer questions about application,:
D2Raso.Y_ P, Miller
PERMIT INFO. AT N:
1 Project is; X new; razctdi cetiott
2. If thisapp cat'on is being submitted as a result of a modification to an existing perattit provide:
existing permit number and the issuance date „
Applicant is: + , , public ? private
If private, units (lots, townhomes, etc,) are:
X leased (Skip to item III.); sold
If sold, facilities owned by a: public utiaity (See Instruction D.),;
homeowners" association/developer (See Instruction E.)
INFORMATION ON WASTEWATER:
I. Please provide a one- or two -word description specifying the origin of the wastewater (scltctul,
subdivision, hospital,, commercial facility, industry, apartments, condominiums, etc.
2. Volume of wastewater generated by this project: 9690
per day
Explanation of how wastewater flow was determined (15A NCAC 2H :0219(1)):
,240 RPd her unit
4. Nature of wastewater X % Oomestic/Commercial,
% Other waste • specify:
Page 2 of 5
% dndustr

,7 • f, ; •••••;.,-, .1
/56 e

If wastewater is industrial its stature:
a. Level of pretreatment that has been provided to ensure protection of the receiving collection system
and wastewater treatment facility: --_
b. If a pretreatment permit is required, has one been issued?
Yes;
No. If yes, please
attach a copy of th.e pretreatment permit. If no, provide date application was submitted:
IV. DESIGN INFORMATION:
I.. Brief project description:
2. Owner and name of wastewater treatment. facility (WWTF) receiving wastewater (See Instruction F.): City of Salisbury, Yadkin River Regional WWTP
WWTF permit number (NCQQ***** or WQOO*****): )VC 0023884_ ..
I ist the owner(s) of any intermediate sewers if different from applicant or owner of WWTF (See
Instruction '.):
Summary of GRAN/ IT Y SEWER to be permitted:
Diameter
(inches)
3
Length
(linear feet)
915.
6. Does the subject gravity sewer collection system comply with the most recent version of the Gravity
Sewer Minimum Design Criteria and I SA NCAC 21-1 .0200? $" Yes„ No. If no, please
identify criteria and explain: -----
7. Summary of PUMP STATIONS to be permitted:
Design Flow
(MGD)
Pump Operational Points
GPM @ feet TDH
Reliability Option
Selected
FORM: FTA 06/00
Page 3 of 5

8. Summary of FORCE MAIN to be permitted:
Diameter
(inches)
Length
(linear feet)
9. List any equipment being utilized that is not specifically mentioned elsewhere in the application or as
part of the Minimum Design Criteria (e.g., telemetry, hoist, odor control equipment, mechanical bar
screens, etc.):
10. Do the subject pump stations and force mains comply with the Minimum Design Criteria for the Fast -
Track Permitting of Pump Stations and Force Mains document adopted June 1, 2000 and 15A NCAC 2H
.0200? Yes; No. If no, please identify criteria and explain:
NOTE: If you responded NO to item IV.6. and/or item IV.10. above, two (2) copies
of detailed plans, specifications, supporting information, and any other materials
pertaining to the identified criteria should be submitted with the
completed and appropriately executed application form.
FORM: FTA 06/00 Page 4 of 5

17-1HK—Ob—Ct 401;.5.1=, YM
f$,54 ""Zi::«Tga-V.44
r-•fa.
V. CERTIFICATIONS
Professional Enaineer's Certification:
I, DeMPSey P. Miller
plication for
Whispering Oaks
A n t s has been reviewed by me and is
acurte, complete and consistentwith the information in the engineering plans, calculations, and all other
supporting documentation to the best of my knowledge. I further attest that to the best of my knowledge the
proposed design has been prepared in accordance with the applicable regulations, Gravity Sewer Minimum
Design Criteria for Gravity Sewers adopted February 12, 1996, and the Minimum Design Criteria for the
Fast -Track Permitting of Pump Stations and Force Mains adopted June 1, 2000. Although certain portions of
this submittal package may have been developed by other professionals, inclusion of these materials under
my signature and seal signifies that I have reviewed this material and have judged it to be consistent with the
proposed design. Note: In accordance with NC General Statutes 143-215.6A and 143-215,6B, any person
who knowingly makes any false statement, representation, or certification in any application shall be guilty of
a Class 2 misdemeanor which may include a fine not to exceed S10,000 as well as civil penalties up to
S25,000 per violation
North Carolina Professional Engineer's seal, signature, and date:
Applicant's Cti1icaUqi
Ettes that this application
Apr tment has been reviewed by the and is
accurate and complete to the best of my knowledge. 1 understand that if all required parts of this application
are not cornpleted and that if all required supporting information and attachments are not included, this
application package will be returned to me as incomplete. Note: In accordance with NC General Statutes
143-215,6A and 143-215,6B, any person who knowingly makes any false statement, representation„
certification in any application shall be guilty of a Class 2 misdemeanor which may include a fine not to
exceed S10,000 as well as civ"1 penalties up to $25,000 per violation,
,
Signature:
FORM: FTA 06100 Page 5 of 5
Date: \\a‘rJAG 'CZ

:40 PFI SINCLPIR&PSS©C.
704 9260982
P 15
Salisbury -Rowan
Utilities Department
WATER & SEWER PLAN
SUBMITTAL WORKSHEET
Provide project info non in Section 1. Review the list of items in Section 11 and initial each item to acknowledge
completion and/or compliance. Complete all other information requested in the spaces provided in Section III and
certification in Section IV. Include this completed worksheet with submittal package, Submittals which are incomplete or
inconsistent with the checklist will not be reviewed and will be returned without comment,
SECTION I PROJECT INFORMATION
1. Design Engineer/ Firt Simi` Associates
2, Engineer/ Finn Mailing Address, Telephone & Fax Numbers, & E-trtail Address:
ual=E utive Street Ch t , N 2820
3.
4, Owner,
E
57
6. Date of Su
elm Name and Address (person/ company legally responstlale fear the water an sewer
heir �ntpliance prior to acceptance by the Salisbury Rowan Utilities Dep Beni);
D v 2ca +ant C
v'eloper Contact Name, Mailing Address, Telephone & Fax Numbers, & E-mail Address:
.. ar t tea erjw 704-554 8553
gn e. Chario.tl e NC 282
andl atitan; 11111sne n a A arttn nt
7. Permits, Certifications, & Encroachment Contracts required for this project (check all
date of submittal to the City of Salisbury and respecti a agencies:
..X_ Public Water Supply Permit
Division of Water Quality Permit
$ Erosion & Sedimentation Control Plan
NPDES StorrnwaterNotice of Intent
401 /404 Pennit
NC DOT Encroachment
Railroad Encroachment
Gas Pipeline Encroachment
Other (specify)
WaridSPlanSulornittalWS
Pply),
e
Submittal Date To;
City of Salisbury Agency (State or Gather)
7/_03
Q2/17/fl3(public Only) . .
02/07/03 Rgwan Co.
04/01/02

SECTION II CHECKLIST
GENERAL
Submittal contains a complete set of plans which includes, but is not limited to, cover sheet, overall site
plan, grading and Erosion and Sedimentation Control plan, roadway and drainage plan, landscaping
plan, water and sewer plans, electrical plans for lift station(s), water and sewer details, and construction
notes.
X Each plan sheet is signed and sealed by a professional engineer registered in North Carolina.
X All details, specifications, construction notes, and related items are in accordance with the City of
Salisbury Uniform Construction Standards and all applicable City of Salisbury Detail Drawings are
included in detail sheets.
X The plan cover sheet contains, at a minimum, the project name; the name and address of the engineer;
the owner/ developer name, address, and phone number; tax maps and parcel numbers of the proposed
development area and all adjoining properties; total acreage of the development and the acreage of site
to be disturbed; the number of lots and/ or number of units if multifamily; total footage of proposed
water mains and sewer mains; a list of all plan revisions with respective dates; a vicinity map; a utilities
approval block; and the seal and signature of the engineer.
X Each plan sheet to be approved by the Salisbury Rowan Utilities Department contains an approval
block for water and sewer, as applicable.
X All NCDENR water and sewer permit applications, engineering reports, NC DOT encroachment
agreements, and other necessary documentation have been previously submitted to the City of
Salisbury for approval/ authorized signature(s) or are included in this submittal package.
X All proposed water and sewer facilities are designed in accordance with all local, state, and federal
regulations. Please note that upon project completion the engineer will certify that all water and sewer
facilities conform to the City of Salisbury Uniform Construction Standards.
For all plan submittals which include a sewer lift station, a water or sewer creek crossing, or for
developments with ten (10) or more lots or which require in excess of 1000 linear feet of water and/or
sanitary sewer to be constructed, the submittal package includes material and construction
specifications for the project.
SANITARY SEWER
N/ A All proposed public sewer facilities, including lift stations, are designed to accommodate projected
residential growth within the drainage basin for a period of 20 years from the date of acceptance by the
Salisbury Rowan Utilities Department. Details are provided in Section III.
X Calculations for all gravity sewer lines > 5.0% grade are provided in Section III.
X All sewer laterals in excess of 50 linear feet are 6" diameter and are noted as such on plans.
2

All sewer laterals tie into proposed sewer mains where feasible.
X Proposed manholes are a minim utn of 2 feet from the edge ofpavement, measured from the point of the
exterior manhole wall nearest the edge of pavement.
Manholes are located outside of proposed ditch centerlines. All manholes located within ditch slopes
are placed as close to the top of the slope as possible. Proper slope stabilization is indicated for all
manholes located within. slopes.
All proposed sewer mains and structures are placed upon undisturbed soil or construction notes on plans
specify that placed fill material to be compacted to 98% and compaction testing (98% Standard Proctor)
in fill areas must completed by an approved soil testing lab as stipulated by the Salisbury Rowan
Utilities Department.
All sanitary sewer easements rtiair twin a minimum width of 30 feet. Storm drainage easements parallel
to sanitary sewer easements are identified separately with the flow line of storm drainage offset fifteen
feet or more from the center line of the sanitary sewer main,
All pipe materials are indicated in plan and profile views, to include pipe materials of water mains,
storm drainage, and other utilities at sewer crossings.
WATER
N/ A All pipe material's are indicated on either plan or profile vi
N/ A All proposed fire hydrants are located outside of ditch centerlines, Where proposed hydrants are
located in ditch slopes, proper slope stabilization is indicated,
N/A A profile view of the water distribution system is provided with all crossings and vertical clearances
illustrated, and minimum depth of cover of three feet is noted.
N A Hydraulic analysis of the proposed water mains is provided in Section III. Calculations are based on.
current fire flow test data or other appropriate engineering data that approximates conditions in the
existing water main.
N A Spacing between fire hydrants does not exceed 500 feet of driving distance, and maximum distance
from any point on a residential lot frontage to the nearest tire hydrant does not exceed 250 feet of
driving distance maximum of 200 feet of driving distance for dead end streets/roads),
SECTION 11l DESIGN INFORMATION
SANITARY SEWER
Volume of wastewater generated by this project u
Provide calculation of generated wastewater:
n si
build -out:
al lops
r day

PUBLIC
PRIVAT
Additional capacity of wastewater collection system for projected residential development (gallons per day).
Provide projected population of drainage basin 20 years following acceptance by the Salisbury Rowan Utilities
Department and calculations of additional wastewater capacity of all proposed sanitary sewer mains and lift
stations: N / A
Identify (by manhole number) those manholes that have drop connections, whether drop is inside or outside,
and distance of drop:
MH3 has a 3.77ft drop
Identify (by manhole number) those manholes that are subject to flooding, the 100-year flood elevation at each,
and whether manhole is sealed and vented or manhole rim is elevated above the 100-year flood: None
Does this project involve any stream crossings? Yes No. If yes, what precautions or special
features are utilized to ensure protection of the sewer line and no
numbers and stations of all stream crossings.
estrict stream flow? Provide the sheet
SUMMARY OF SEWER M INS FOR REVIEW:
GRAVITY OR FORCE
SEWER?
DIAMETER (IN)
MATERIAL
TOTE. L ENGTH (LF)
)_Gravity
E) Gravity
8U
PVC
PVC
Provide calculation of wastewater age and indicate method of odor control for force sewer m
4

SUMMARY FOR GRAVITY SEWER PIPES AT ? 5.0% GRADE:
DIAM.
(IN)
LENGTH
(LF)
PIPE
MATERIAL
n
(Manning's)
PIPE
GRADE
AVG.
DAILY
FLOW
(GPD)
VELOCITY
AT AVG.
DAILY
FLOW
(FPS)
FLOW DEPTH AT AVG.
DAILY FLOW
(IN)
8"
45.83
PVC
0,50
8"
65.72
PVC
0.50
8"
46.04
PVC
0.50
8"
46.26
PVC
7.27
J
Provide additional sheets if necessary.
- SUMMARY OF LIFT STATIONS FOR REVIEW:
NO. OR
NAME
DESIGN FLOW (MGD)
PUMP OPERATIONAL
POINTS @ FT
PUMP STATION
CYCLES & PUMP
RUNTIMES
ADDITIONAL CAPACITY
FOR PROJECTED AREA
GROWTH (MGD)
_GPM
TDH
On separate sheets, provide the following: engineering calculations for Design Flow, TDH, Pump Station Cycle
& Runtimes, Capacity of Pump Station, force main minimum velocity, maximum detention time for pump
station and force main, and pump station flotation/buoyancy; system curve/ pump curve analysis for pump
selection and operational point; analysis of depressed areas of force main to demonstrate if pump station
completely flushes force main during a single pumping cycle; water hammer/surge analysis; and analysis of
downstream collection system (peak flow analysis) to verify current use, capacity and ability to accept pump
station discharge.
5

WATER
Volume of water usage for this project upon site build -out: 96 00 gallons per day
Provide calculation of water usage include projected irrigation volume):
Provide premise for and calculation of projected fire flow for proposed development:
N/A
Does this project involve any stream crossings? Yes '`' No. If yes, what precautions or special
features are utilized to ensure protection of the water line andnot restrict stream flow. Provide the sheet.
numbers and stations of all stream crossings.
SUMMARY OF WA 'ER MA I' S FOR REVIEW:
(PRIVATE SYSTEM)
Provide additional sheets ifnec
;sa
6

SECTION IV CERTIFICATION
Submittal Package Certification:
I, . Dempsey P. Miller
, attest that this submittal package for
Whispering Oaks Apartments
has been reviewed by me and is accurate and complete. I understand that if all required parts of the submittal
are not complete and that if all required supporting information or attachments are not included, this package
will be returned to me as incomplete.
North Carolina Professional Engineer's Registration Number: 12618
Printed Name ofEngineer Dempsey P. Miller, P.E.
Seal and Signature (specify date):
EAL
12618 / •
. Q.:
••.•• so 1 Q. • �i*
31�1.3
7

8PR-02-2003 11 :52 S NCLA RS.ASSOC
704 9260982 P 01
Project# 7006
9114cLAIP AigeOCIATIlta. PLLC
F Transmission Cover Sheet
8 Page(s) - Including Cover
fl For Review
El Confidential El Please Reply
To: tex Gleason
Company: NCDENR Mooresville Rqiona1 Office
Fax: 704-66 0
From: Jonathan A. Sens!n!y
Date: 04/02/2 0
Time: I 1:30 am
COMMENTS
Please find enclosed the Developer's Operational Agreement signed by both parties. I have
mailed out the original to have both signatures on one original and will mail you the original
copy as soon as it is received, If you have any questions, please call.
Rex, additionally find a letter clarifying ownership of the private sewer system by Whispering
Oaks, LLC.
Original Copy:
This
Facsimile Only
El Other
U.S. Mail LI Ovemig,ht Courier Ell Hand Delivered
Please contact Shantel M. Wright at 704-926-0981 if you do no receive the total number
of pages indicated on this transmission sheet.
ssage may contain information, which is privileged or confidential. If you are not the named addressee of this
message please destroy it without reading, using, copying or disclosing its contents to any other person.
E N G
Thank You.
V () M A N AG I:
221 Extcutirt Suet{ • Charlotte, MGR • 704-926-0961 • Fay 704,9264932

APR-02-2003 11:52 AM SINCLAIR&ASSOC_
FROM : ENGELHARDT
704 9260982
P_02
FAX NO. : 704 552-8434 Apr. 02 2003 11:20AM P1
Ellen 9. Engelhardt
Whispering Oaks, LLC
5703 Maylln Line
Charlotte, North Carolina 28210
Office: 704-55441533 Fax: 704-552,-8434
FAX
TO: Jon•Scnaenoy, Sinclair & Associates �} `
FROM: Ellen Engelhardt, Managing Member, Whispering Oaks,, LLC
DATEt April 2, 2003
RE: Operational Agreement with N.C. Environmental Management Commiaaion
Enclosed are the signed Operational Agreement and a lerter addreassa to Mr. Alan
Klimek, Director of Water Quality T have forwa dnd this same materiel via tax to Scrnt
Rodinger, Recliner Housing, Inc.
Number of Pages Contained In This Fax Including This Cover Page: Forth
. .Recipient's Fax Telephone Number: 704.926-0982

APR-02-2003 11:53 AM SINCLAIR&ASSOC.
FROM : ENGELHARDT
704 9260982
P..03
FAX NO. : 704 552-8434 Apr. 02 2003 11:21AM P2
Ellen B. F,ngdhardt
Whispering Oaks, LLC
5708 Maylin Lannt
Charlotte, NC 28210
°Meet 704-554-8553 Fax: [phone]
Apri 12, 2003
North CarolinaEnvironmcntal Management Commission
Asti Mr. Alan W Klimek. P.E.
Director of Water Quality
Dear Mr. Klimek:
W have signed the enclosed Operational Agreement at the recommendation of Mr. Rex
Gleason at thc North Caroline Department ofEnvironmcnt and Natural Resources,
division of Water Quality. It is our understanding this document is necessary to complete
the applicationfor the Fast Track Non -Discharge Permitting Unit for the private gravky
sower system.
With regard to this Agreement, I would like to point out that Whispering Oaks, LLC is
and will continue to be the owner oFWhiapering Oaks Apartments and, as such,
ownership will not be transferredto a Homeowners Association or individual owners as
delineated in the Operational Agreement. Whispering Oaks, LLC intends to fully comply
with thc requirements outlined in the Operational Agreement.
I thought it would be wise to claiif , the ownership entity at this juncture since it la and
will continue ro be an entity,other than the one identified in the Operational Agreement.
Thank you for your attention.
Very truly yours,
Cunct 1/4
Ellen Engelhardt, Managing Member
Whispering Oaks, LLC
Whispering Oaks Apartments flu Seniors
Hnc.
Cc: Scott Rodinger, Winger Housing Inn.
Jon Sanseney, Sinclair & Associates, PLLC

APR-02-2003 11:53 AM SINCLAIRecASSOC.
704 9260982
P. 04
FROM Fi+IGFiLHARAT ••. L,A1 FAX NO. : 704 552434 �lpr. 02 2003 11:21AM P3
}a.v� Ylq --et,1Fii~LLi1WZA9B0C.
74.14 92609e2 P.013
4. The DEVELOPER has Greased: or shall artiste unit ownership in add duvoli
nts
and heads through filing of A Declaration of Unit Ownership (hereinafter Dac:Iuadounite,
a . put ant to Chapter
47C or 47F of the North Carolina General Statute, }. pursuant to Chapter
5, The DEVELOPER hsa erased to be formed or will cause to bo lbrrnad at the time of filing of the
Aacnaiatuoni the )� a nos -profit O wharf Aidoci tion) N/� (odor
p corporation orgssdzed and coloring under and by the virtue of theism oftbm
Statc of North Carolina, fbr the purpose, among others, of handling the property. &lira and business of
the Development; of operating„ rnalmalning, re -constructing and repairing the common elements of the
lends and improvements subject to unit ownership, including the Disposal Sy►stetn; turd of collecting dvas
and aeseturroetlte to provide funds for much operation, maintenance, re -construction and repair.
6. The COMMISSION desire■ to assure that the Disposal System of the Development ie property
constructed, maintained and operated in accordance with law and permit provisions in otdarto psmsat the
quality of boo waters of the State end the public interest therein.
NOW, THEREFORE, in consideration of the promisee had the benefits to be derived by each of the partici
hateto, th. coMMXSSION and DEVELOPER do hereby mutually isgrce as ibllows,
i . The DEVELOPER LOPER shall construct the Disposal System in accordance with the permit and plats and
specifications hereafter leered gild approved by the COMMISSION, and shall thereetlet properly operate
and maintain such *rams and facilities in accordance with applicable permit provisions and law.
2. The DEVELOPER shall not transfer ownership and/or control of the -Disposal System to the Aauociation
until aottatruodon has boas completed in accordance with the permit and approved paw, and the staff of
the Division of 'Water Quality has inspected and approved of the facilities, ita order to theme the nema of
the permit holder, the DEVELOPER must request that the permit be reissued to the Assooletfott, The
repent must Include ar copy of the Association llylews and Declaration.
STATE OF NORTH CAROLINA
COUNTY OF o 11ah
Permit No. _ 10Q131g4 33
DAY_ElaagurzmuoaAGRE Mall
This AGREEMENT made pursuant to O.S, 143-213,1 (d 1) and entered into this .� 31
day of
` -- 17 03 , by and between the North Cerolina )EtnvIrc ntnental Management
Commission, an agency (Mlle State of North Carolina, hsrcinafter known as the COMM TSSION� Willa or Oakti TIC _ ral _ � and
business in the State of North Carolina, hereinafter known as the DEVELOPER.craitlp registered/licensed to do
WITNESSETH;.
1. The DEVELOPER is the owner of the certain lands Iying in Iowan
which it la erecting end wjll erect dwell/ units and other improvements, said development County, k wnq
� P parlvnt too be known
as hie erjug Oaks Ag�irttnat, tan (hereinifier the Development).
2, The DEVELOPER desires, to construct a wastewater collection ayatel>, with pampa, wastewater trod:nein
c D , and/or disposal facilities (hereinafter Disposal System) w provide sanitary sewage disposal to serve
theDevelopment on said lands.
3. The DEVBI.OPF.R has applied to the COMMISSION for the Nominee of a etmit
113,1 to construct, maintain. end operate the Disposal System. p pursuantto
fi.& 143-
3. 'i'!te DEVELOPER shoal not transfer, etaiVey, asiigst or otherwise relinquish or release its responsibility
for the operative said maintenance of hi Disposal Syasrem sushi a permit has been =issluled to the
DEVELOPER% successor.
EP"rr% . TWA! MJA7

APR-02-2003 11:54 AM
SINCLAIR.ASSO6.-
704 9260982
P. 05
ROM : ENGELJAFRPT FAX NO. : 704 552-8434
^I M1-0••-411'1b Id!iv Pm .^3NCl.AIRtABEGc:.
Apr, 02 2003 11:22AM P4
704 v260,82 P. BZ
4- The DEVELOPER shall provide in the Declaration and Association Bylaws that the Dieppe's! Sysem and
appurtenances thereto aro part of the eOMMOnl elements and shall th®teafter be properly maintained red
operated in conformity with law and the provisions ot'the permit for construction, operation, repairs and
maintenance ofthe ryarem and facilities. The Declaration and Bylaws shall identify the entire riastnwxtcr
treatment, collection end disposal system as a common clemart which will receive Chit highest prlorlty for
5. expenditures by the Association except for Federal, State, and local time and insurance.
The DEVELOPER shall provide in time Declaration and Association Bylaws that the Dismal System will
be maintained out of the common expenses. In order to assure that there shall be finals s ly available to
repair, maintain or construct the Disposal System, beyond the routine operation and maltttae
camases, the Declaration and Association Bylaws shall provide that a fluid be oreatud out of the co on,
espouser. Such end shall bo separate from the routine maintenance lunch allocated fbr the fkcillty and
shall be part of the yearly budget.
6, In the event the common expanse allocution attd separate filed err not adequate fbr the oorttttructlon repair, and maintenance of the Diepahel. System, the Declaration and Aasociittiott Bylaws shill provide for
special assesamenta to clover such necessary costa. bra ghatI be no limit on ruse amount of such
useaamsms, and the Dealamtlon and Hylewe shall provide that such special assessments cnn be made u
oeoeuary sit any flea'.
7. If wasteu/me collection eyetent and wastewater treatment and/or disposal fbciilgr provided by any city,
town village, county, water and sewer authorftiee, or other unit of government shall hereinafter become
availably to serve the Development, the DEVELOPER shell take suds action as la necessary to cause the
erasing and future wastewerer 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 aIaostury momentum the
govemmenrhl unit may require as condition of accepting the Development's wattmeter.
6• liscogolzing that it would be contrary to the public interest and to the public health, sa*ty and wdthro fbr the Amoclatlon to enter into voluntary dissolution without having made adequate provision fbr the
eoatlaued proper mslntenance, repair and operation of he Disposal System, this DEVELOPER shall
provide In the Association Bylaws that the Association shalt not enter bate vultmtary dissolution without
first Irving transferred its said system and thcilitics to SOME perean, corporation or other entity ecroptahls
to and approved by the COMMISSION by the issuance of a permit.
9. The egomania set forth in numbered paragraphs 1, 2, 3, 4, 5, d, 7, and 8 above shall be conditions elan
pem it sassed by the COMMISSION to the DEVELOPER. for the camatrtnctiou, maintenance, repair ad
operation of the Disposal Systems.
10. A copy of this dement shall bs flied at the Register of Deeds in the County(lem) Why the Deofsasdo4 V
filed read in the offices of the Secretary of State of North Camllna with the Articles a Incorperatton of the
Anooiation,
1N WITNESS WHEREOF, this agreement war executed In duplicate originals by the duly arthoriucd
repratentativc of the parties hereto cm the day and year written na indicated by each of the parties minted below;
FOR THE ENVIRONMENTAL
MANAGEMENT COMMISSION
Nan W. Mi , P.E., Director
Division of Water Quality
(Data)
CAM%1. INV%rm101
t9hiePorlAx Qrrki. PLC _
NatncA DEVELOP
Signet
r, elhartt„il tke"ec.
Prim Name and Title
)1i rah 2093
(Date)

APR-02-2003 11:54 AM SINCLAIR&ASSOC.
Apr 01 03 06:35p VOA Housin6 Of'f'ioe
704 92609$2 P.06
910 7632851 p.1
To:
From: Scott jk. Rodin er
Re:
Scott A. Redinger, Inc.
Housing Consultant/Developer
108 N. Karr Ave.
Suite C-3
Wilmington, North, Carolina 28405
caimile T paimiSti1
Fax Number: 77
Date: 17 %4) 3
Pages (including cover): '3
Urgent ❑ Per Your Request ❑ For Review Q Please Comtnex
Phone [phone]
Pax [phone]
E••mail . saredingcre aol.com

APR-02-200Z 11:55 AM SINCLAIR&ASSOC.
Apr 01 03 03136p VOA Housinc Office
704 9260982
910 7932E151
APR-el--2e0s 09c08 PM SINCLRLKiRS$OC. 7®4 92461902
P.07
Its .2
N.e2
STATE OF NORTH CAROLINA
COUNTY OF tw Permit No. t1QQO1013&
jayiurszumaisaiaLacamiat
This AGREEMENT made pursuant to 0.S.143.215.1 (d I) and entered into this 31 dtq of
, March , 2003 , by and between the North Cetoline Environmental Management
Co: minion, an agency of the State of North Carolina, hereinafter known as the COMMISSION; and
Whisper! na Dakar LLC , a corporation/general partnership mgiskrcd/licensed to do
btuincer in the State of North Carolina, hcreine icr known as the DEVELOPER,
W1T ESSE'rH:
1, The DEVELOPER is the owner of the certain lands lying in Rowan Cottony, Capon
which it hi erecting and will erect dwelling units and other improvcmtnts, sucidevelopment to be known
as Whin e a Oaks A arLmentn (heteinaftetrthe Development).
2. The DEVELOPER desires, to omitting a wastewater collection system with pumps. wastrwatar trraanant
works, and/or disposal fhcllitics (hereinafter Disposal System) to provide sanitary sewage disposal to stave
Cho Development on raid lands.
3. The DEVELOPER has applied to the COMMISSION for the isattanee of a permit pursuant to 0.S. I43-
215,1 to construct, maintain, and operate the Disposal System.
4. The DEVELOPER has created or shall create trait ownership in said dwelliess units, other Improvements
and lands through Ming of a Declaration of Unit Ownctship (hereinafter Declaration). pursuant En Chapter
47C or 47F of the North Caroline General Statutes.
5. The DEVELOPER has caused to be formed or will cause to he formed at the time of filing of the
Deduction, the (Enter Pooped Unit Owners' Associglip) - NIA _ (hcteirtatlea
Association), a non-profit corporation meninx! and existing under aid by the virtue of the Iaws 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
landi and improvements nubJect to unit ownership, including the Disposal System; and of collecting dun
and aunsments to provide /needs for such operation. maintenance, re -construction and repair.
6. The COMMISSION desires ro oseurc 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 Bach of the patties
heteto, the COMMISSION and DEvELOP> R do hereby mutually agree Si follows:
I. The DEVELOPER shall construct the Disposal System in Rccordance with the permit end plans and
specifications hereafter issued and approved by the COMMISSION, and &hall thereafter properly operas
end mainaain teach querns and facilities in accordance with applicable permit provision and taw.
2. The DEVELOPER shalt not transfer ownership rndlor control of the Disposal Spoon to the Auooitrliun
until construction hes beat completed in accordance with tit4 ptmit and approved plans, and the satire[
the Division of Water Quality has inspected and approved of the facilldee. In order to change the name of
the permit holder, the DEVELOPER must request that the permit be reheated to the Association, fate
request must Include a copy of the Association Bylaws and DeoleratIon.
3. The DEVELOPER shall not transfer, convey, assign or otherwise rcllnquialt or release its responsibility
for tbo operation and maintenance of its Disposal System until a permit hats been reissued to the
DEVELOPER's mower,
rr nxa. n'1gni

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. 4. The DEVELOPER eltall provide in the Declaration and Association Bylaws that the Disposal System and
IIPPIMCIATIrel thesato are pan of the common elements and shall throatier he properly maintained and
operated in conformity with law and the praairion1 of the permit for construction, operation, tapair, and
mentbmanee of thc system and &dirties. Ths.Doclaratton and Bylaw; shall idea* the entire was[cw to
treatment, collection and disposal system u I common element widish will receive the higher priority for
expsndiurrea by the Association except for Federal, Sulc, and local taxer[ and Iniurattee,
3, The DEVELOPER shell provide in the Declaration and Association Bylaws that the Disposal System will
be malnialntd aut.ofthe common expenses. In order to rum that there shall be funds readily nrahibla to
raPair. utainialo or Construct the Diepoo.l Syerem, beyond the routine operation and mtintcnmtec
expsnm a, the Declaration and Association Bylaws shall provide that a fund be created out of the contemn
eapeness. such fund shall be separate from thc routine maintenance fluids allocated fbr the flaillIty and
shall be part of the ycuiy budget.
6. In the event the common expense allocation and upstate fund arc not adequate fbr the construction.
repair, and maintenance of the Dispose! System, the Declaration and Aswciation Bylaws shall provide for
special esacaunents la cover sorb necessity coo. There shell be no limit on the amount dad
assesemtnrts, and the Declaration and Bylaws shall provide that such speclal asscsamenta earn be made as
necessary at any time.
7. If wastewater no!lsotion system[ and wastewater treatment .utd/or disposal facility provided by any city,
town, village, country, water and sewer authorities, or other unit of government 'ball haroinajter become
available to serve the Development, the DEVELOPER shell take such action ea la necasesry to muse the
existing and [muss wastewater of the Development to be accepted and dliabarged Into mid governmental
system, end shall convey or transfer as much oftle Disposal System and such necessary easetn+ettts me rite
aovc nmental unit may require ma condttlon of accepting the Development's wastewater.
8 Recognizing ih.i it would be contrary to the public Interest and to the public health, safety and wolfing for .
tha Association to enter into voluntary dissolution without having made adequate provision fbr the
continued pauper maintenance, repair and operation of its Disposal System, the DEVELOPER andl
provide in the Aaaoajativa Bylaws that the Association shall not enter into voluntary dissolution without
first having tea mfarted its uld system and facilities to some person, corporation or other entity acceptable
to and approved by the COMMISSION by he issuance of a permit.
9, The agreements set forth in numbered paragraphs 1, 2, 3. 4, 5, 6, 7, and a above shell be conditlans of any
permit limed by thc CDM1ItSSION to the DEVELOPER for the construction, maintenance. repair and
°petition of thc Disposal System.
I0. A copy of this ai rsomcnt shell be tiled at rite Register of Deeds in the Countyy(ics) %Acr° the Declaration i.
filed and its the offices of the Secretary of State otNorth Carolina with the Articles of incorporation piths
Association
IN WITNESS WHEREOF, this agreement was executed In duplicate originals by the duly authorised
mpresentrive of the psatlea hereto on the day and year written se ivdleated by each pith* parties naetsd below.
FOR THE ENVIRONMENTAL
MANAGEMENT COMMISSION MUM ;DEV
Bv:
Alan W. Klimek P.E., Director
Division of Water Quality
(Date)
r,/eft14. fro
xhlssp ring pgkrs, LLC
1
(Signature ' A7,V,4'Mr
Print Name and Titre
31 Hatch 2003
(Doc)