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HomeMy WebLinkAboutWQ0042980_Application_20211116Division of Water Resources State of North Carolina Department of Environmental Quality Division of Water Resources 15A NCAC 02T .0300 — FAST TRACK SEWER SYSTEM EXTENSION APPLICATION FTA 04-16 & SUPPORTING DOCUMENTATION Application Number: V" V l(0y-iAq (J (to be completed by DWR) All items must be completed or the application will be returned I. APPLICANT INFORMATION: RECEIVED/NCDEQ/DWR NOV 1 6 2021 WOROS MOORESVILLE REGIONAL OFFICE 1. Applicant's name: Sona Realty, LLC (company, municipality, HOA, utility, etc.) 2. Applicant type: ❑ Individual ® Corporation ❑ General Partnership ❑ Privately -Owned Public Utility ❑ Federal ❑ State/County ❑ Municipal ❑ Other 3. Signature authority's name: Venkat Suryadevara per 15A NCAC 02T .0106(b) Title: pR- iel4"-"r 4. Applicant's mailing address: 10010 Allyson Park Drive City: Charlotte State: NC Zip: 28277- 5. Applicant's contact information: Phone number: (704) 659-3730 Email Address: venkat(a sonarealty.com II. PROJECT INFORMATION: 1. Project name: Odell Corners Outparcel #3 2. Application/Project status: ® Proposed (New Permit) ❑ Existing Permit/Project If a modification, provide the existing permit number: WQ00 and issued date: If new construction but part of a master plan, provide the existing permit number: WQ00-t2018013 3. County where project is located: Cabarrus 4. Approximate Coordinates (Decimal Degrees): Latitude: 35.438685° Longitude: -80.726624° 5. Parcel ID (if applicable): 46816807730000 (or Parcel ID to closest downstream sewer) III. CONSULTANT INFORMATION: 1. Professional Engineer: Andrew Grant PE License Number: 044291 Firm: BGE, Inc. Mailing address: 1111 Metropolitan Ave City: Charlotte State: NC Zip: 28204- Phone number: (980) 500-8951 Email Address: grant(&,,bgeinc.com IV. WASTEWATER TREATMENT FACILITY (WWTF) INFORMATION: 1. Facility Name: Rocky River Wastewater Treatment Facility Permit Number: NC0036269 Owner Name: Water and Sewer Authority of Cabarrus County V. RECEIVING DOWNSTREAM SEWER INFORMATION (if different than WWTF): 1. Permit Number(s): WQCity of Concord 2018-013B Downstream (Receiving) Sewer Size: 8 inch System Wide Collection System Permit Number(s) (if applicable): WQCS Owner Name(s): City of Concord FORM: FTA 04-16 Page 1 of 5 VI. GENERAL REQUIREMENTS 1. If the Applicant is a Privately -Owned Public Utility, has a Certificate of Public Convenience and Necessity been attached? El Yes ❑No ®N/A 2. If the Applicant is a Developer of Tots to be sold, has a Developer's Operational Agreement (FORM: DEV) been attached? ® Yes ❑No ❑N/A 3. If the Applicant is a Home/Property Owners' Association, has an Operational Agreement (FORM: HOA) been attached? ❑ Yes ❑No ®N/A 4. Origin of wastewater: (check all that apply): ❑ Residential Owned ® Retail (stores, centers, malls) El Residential Leased El School / preschool / day care ® Food and drink facilities ❑ Businesses / offices / factories 5. Nature of wastewater : ® Retail with food preparation/service ❑ Medical / dental / veterinary facilities ❑ Church El Nursing Home % Domestic/Commercial 100 % Commercial ❑ Car Wash ❑ Hotel and/or Motels El Swimming Pool /Clubhouse ❑ Swimming Pool/Filter Backwash ❑ Other (Explain in Attachment) % Industrial (See 15A NCAC 02T .0103(20)) > Is there a Pretreatment Program in effect? ❑ Yes ❑ No 6. Has a flow reduction been approved under 15A NCAC 02T .0114(f)? ❑ Yes ® No ➢ If yes, provide a copy of flow reduction approval letter 7. Summarize wastewater generated by project: Establishment Type (see 02T.0114(f)) Daily Design Flow a,b No. of Units Flow gal/ GPD gal/ GPD gal/ GPD gal/ GPD gal/ GPD gal/ GPD Total 0 GPD a See 15A NCAC 02T .0114(b), (d), (e)(1) and (e)(2) for caveats to wastewater design flow rates (i.e., minimum flow per dwelling; proposed unknown non-residential development uses; public access facilities located near high public use areas; and residential property located south or east of the Atlantic Intracoastal Waterway to be used as vacation rentals as defined in G.S. 42A-4). b Per 15A NCAC 02T .0114(c), design flow rates for establishments not identified [in table 15A NCAC 02T.0114] shall be determined using available flow data, water using fixtures, occupancy or operation patterns, and other measured data. 8. Wastewater generated by project: 0 GPD (per 15A NCAC 02T .0114) ➢ Do not include future flows or previously permitted allocations If permitted flow is zero, indicate why: ❑ Pump Station or Gravity Sewer where flow will be permitted in subsequent permits that connect to this line ® Flow has already been allocated in Permit Number: 19-0613509 (Concord ATC) ❑ Rehabilitation or replacement of existing sewer with no new flow expected ❑ Other (Explain): FORM: FTA 04-16 Page 2 of 5 VII. GRAVITY SEWER DESIGN CRITERIA (If Applicable) - 02T .0305 & MDC (Gravity Sewers): 1. Summarize gravity sewer to be permitted: Size (inches) Length (feet) Material 6 345.92 PVC ➢ Section II & III of the MDC for Permitting of Gravity Sewers contains information related to design criteria ➢ Section III contains information related to minimum slopes for gravity sewer(s) ➢ Oversizing lines to meet minimum slope requirement is not allowed and a violation of the MDC VIII. PUMP STATION DESIGN CRITERIA (If Applicable) — 02T .0305 & MDC (Pump Stations/Force Mains): COMPLETE FOR EACH PUMP STATION INCLUDED IN THIS PROJECT 1. Pump station number or name: 2. Approximate Coordinates (Decimal Degrees): Latitude: . Longitude: - 3. Design flow of the pump station: millions gallons per day (firm capacity) 4. Operational point(s) of the pump(s): gallons per minute at feet total dynamic head (TDH) 5. Summarize the force main to be permitted (for this Pump Station): Size (inches) Length (feet) Material 6. Power reliability in accordance with 15A NCAC 02T .0305(h)(1): ❑ Standby power source or pump with automatic activation and telemetry - 15A NCAC 02T .0305(h)(1)(B): ➢ Required for all pump stations with an average daily flow greater than or equal to 15,000 gallons per day ➢ Must be permanent to facility Or if the pump station has an average daily flow less than 15,000 gallons per day: ❑ Portable power source with manual activation, quick -connection receptacle and telemetry - 15A NCAC 02T .0305(h)(1)(C) or ❑ Portable pumping unit with plugged emergency pump connection and telemetry - 15A NCAC 02T .0305(h)(1)(C): ➢ It shall be demonstrated to the Division that the portable source is owned or contracted by the applicant (draft agreement) and is compatible with the station. ➢ If the portable power source or pump is dedicated to multiple pump stations, an evaluation of all the pump stations' storage capacities and the rotation schedule of the portable power source or pump, including travel timeframes, shall be provided in the case of a multiple station power outage. FORM: FTA 04-16 Page 3 of 5 IX. SETBACKS & SEPARATIONS — (02B .0200 & 15A NCAC 02T .0305(f)): 1. Does the project comply with all separations found in 15A NCAC 02T .0305(f) & (g) ➢ 15A NCAC 02T.0305(f) contains minimum separations that shall be provided for sewer systems: ® Yes ❑ No Setback Parameter* Separation Required Storm sewers and other utilities not listed below (vertical) 24 inches Water mains (vertical -water over sewer including in benched trenches) 18 inches Water mains (horizontal) 10 feet Reclaimed water lines (vertical - reclaimed over sewer) 18 inches Reclaimed water lines (horizontal - reclaimed over sewer) 2 feet **Any private or public water supply source, including any wells, WS-I waters of Class 1 or Class TT impounded reservoirs used as a source of drinking water 100 feet **Waters classified WS (except WS-I or WS-V), B, SA, ORW, HQW, or SB from normal high water (or tide elevation) and wetlands (see item IX.2) 50 feet **Any other stream, lake, impoundment, or ground water lowering and surface drainage ditches 10 feet Any building foundation 5 feet Any basement 10 feet Top slope of embankment or cuts of 2 feet or more vertical height 10 feet Drainage systems and interceptor drains 5 feet Any swimming pools 10 feet Final earth grade (vertical) 36 inches ➢ 15A NCAC 02T.0305(g) contains alternatives where separations in 02T.0305(f) cannot be achieved. ➢ **Stream classifications can be identified using the Division's NC Surface Water Classifications webpage ➢ If noncompliance with 02T.0305(f) or (g), see Section X of this application 2. Does the project comply with separation requirements for wetlands? (50 feet of separation) ❑ Yes ❑ No ® N/A D. See the Division's draft separation requirements for situations where separation cannot be meet ➢ No variance is required if the alternative design criteria specified is utilized in design and construction ➢ As built documents should reference the location of areas effected 3. Does the project comply with setbacks found in the river basin rules per 15A NCAC 02B .0200'? ❑ Yes ❑ No ® N/A ➢ This would include Trout Buffered Streams per 15A NCAC 2B.0202 4. Does the project require coverage/authorization under a 404 Nationwide or individual permits or 401 Water Quality Certifications? ➢ Information can be obtained from the 401 & Buffer Permitting Branch ❑ Yes ® No 5. Does project comply with 15A NCAC 02T.0105(c)(6) (additional permits/certifications)? ® Yes ❑ No Per 15A NCAC 02T.0105(c)(6), directly related environmental permits or certification applications are being prepared, have been applied for, or have been obtained. Issuance of this permit is contingent on issuance of dependent permits (erosion and sedimentation control plans, stormwater management plans, etc.). 6. Does this project include any sewer collection lines that are deemed "high -priority?" Per 15A NCAC 02T.0402, "high -priority sewer" means "any aerial sewer, sewer contacting surface waters, siphon, or sewer positioned parallel to streambanks that is subject to erosion that undermines or deteriorates the sewer. ❑ Yes ® No ❑ N/A ➢ If yes, include an attachment with details for each line, including type (aerial line, size, material, and location). High priority lines shall be inspected by the permittee or its representative at least once every six -months and inspections documented per 15A NCAC 02T.0403(a)(5) or the permitee's individual System -Wide Collection permit. FORM: FTA 04-16 Page 4 of 5 X. CERTIFICATIONS: 1. Does the submitted system comply with 15A NCAC 02T, the Minimum Design Criteria for the Permitting of Puinp Stations and Force Mains (latest version), and the Gravity Sewer Minimum Design Criteria (latest version) as applicable? ® Yes ❑ No If No, complete and submit the Variance/Alternative Design Request application (VADC 10-14) and supporting documents for review. Approval of the request is required prior to submittal of the Fast Track Application and supporting documents. 2. Professional Engineer's Certification: I, AN pa-Ew P. CtRANT , PE (Professional Engineer's name from Application Item III.1.) attest that this application for has been reviewed by me and is accurate, complete and consistent with the information supplied in the plans, specifications, engineering 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 (latest version), and the Minimum Design Criteria for the Fast -Track Permitting of Pump Stations and Force Mains (latest version). Although other professionals may have developed certain portions of this submittal package, 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 General Statutes 143-215.6A and 143-215.6B, any person who knowingly makes any false statement, representation, or certification in any application package 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. North Carolina Professional Engineer's seal, signature, and date: 3. Applicant's Certification per 15A NCAC 02T .0106(b): I, VF-A.)KAT 3uttyADENJARA (Signature Authority's name & title from Application Item I.3.) 044291 • • attest that this application for has been reviewed by me and is accurate and complete to the best of my knowledge. I understand that if all required parts of this application are not completed and that if all required supporting documentation and attachments are not included, this application package is subject to being returned as incomplete. I understand that any discharge of wastewater from this non - discharge system to surface waters or the land will result in an immediate enforcement action that may include civil penalties, injunctive relief, and/or criminal prosecution. I will make no claim against the Division of Water Resources should a condition of this permit be violated. I also understand that if all required parts of this application package are not completed 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 General Statutes 143-215.6A and 143-215.6B, any person who knowingly makes any false statement, representation, or certification in any application package 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. Signature: Date: f// FORM: FTA 04-16 Page 5 of 5 North Carolina Secretary of State Search Results Page 1 of 1 • File an Annual Report/Amend an Annual Report • Upload a PDF Filing • Order a Document Online • Add Entity to My Email Notification List • View Filings • Print a Pre -Populated Annual Report form • Print an Amended a Annual Report form Limited Liability Company Legal Name Sona Realty, LLC Information Sosld: 1002232 Status: Current -Active 0 Date Formed: 9/20/2007 Citizenship: Domestic Annual Report Due Date: April 15th CurrentAnnual Report Status: Registered Agent: Suryadevara, Venkateswara Rao Addresses Mailing Principal Office Reg Office 10010 Allyson Park Dr 10010 Allyson Park Dr 10010 Allyson Park Dr Charlotte, NC 28277-2932 Charlotte, NC 28277-2932 Charlotte, NC 28277-2932 Reg Mailing 10010 Allyson Park Dr Charlotte, NC 28277-2932 Company Officials All LLCs are managed by their managers pursuant to N.C.G.S. 57D-3-20. General Manager Venkateswara Rao Suryadevara 10010 Allyson Park Dr Charlotte NC 28277 https://vvww.sosnc.gov/online_services/search/Business Registration_Results 11 / 17/2021 CORNERS LRCEL #3 LEVEL MAP ?Li - 17: ,l0f1r1StOc, ODELL CORNERS SITE h 1000 ---- ----- / • ,''''' - ' - . ,''' '---„-- .-•. - / V ',:.,, ._-_:-:-,),,---,,,,•„___-- 1 ,./ , ..; ..•-.\ ,_.; ..„ ___ c, ,__ . ..,,,,, : ) ) --, ----". ''' '`' '—''''' ', ,,.... • • ,,,.., ............ , e......„,,,,,,, ; \ r ,. :, , .' i. '',', '' 1 j r_,......„-„.„,..z._;_ \,•-.L.,/,_-7,,,51-4--...-_,-..\ 7;.,---,, t.--.L.---------="i0‘. \ • „,..- . ,'/„_, ,„•:,,?, !:' „„ -. f,„_„„.,„ ) ..,7, _ „ . / ;,I ,,,,,,_ • 1 , .s.,. J ,,, ... , , , ,.....:_-.:_•.,TT-7...—..,,,_ .,..„_, .... ,c i...._ ,,, y , .... --- ' • ' - — -,----"Fr"—.. • , - : I ' '--•'- ' I -. — ---..."'' '''—''''....—'''. -': 4 t‘ .% ...-1:-.---.. ,‘+ ''',., - • .' I '') /r /,, , \ ; , • , , • --..,_ \ ; - •••••„,.v •-•......, 00/-. — --- ... • , . ,.--- - .7- ; ,...,,,:„ — ' \ - 'I }' ' \ ../ if!' --- ..... -.."------"--- --- „..' -- - 'lip, I \c--. .' \ i \ I 91 \\*. / : \• , •••••__ • , ";!\.\ • - LEVEE ...., .,, ,.. . „.,. 2- ,\ 1 ,v „I '.::•,:--:;,..0 _, . ....„;.-- - ` --::,*.•---i ,,.-• .../. ,:... 74 • 09i - _;) \\•.• WSACC WATER & SEWER AUTHORITY OF CABARRUS COUNTY ISO 14001:2015 ♦ NC Stu Public Sector • OHSAS 18001:2001 July 7, 2020 Mr. Lloyd Payne City Manager City of Concord P.O. Box 308 Concord, NC 28026-0308 Subject: Flow Acceptance Request — City of Concord Odell Corners Phase 1 Dear Mr. Payne: 232 Davidson Hwy. Concord, NC 28027 704.786.1783 • 704.795.1564 Fax www.wsacc.org This is a notice of capacity for the flow acceptance request received by the Water and Sewer Authority of Cabarrus County (WSACC) from the City of Concord on June 30, 2020. WSACC has or will have capacity at the Rocky River Regional Wastewater Treatment Plant and appropriate sewer interceptors to transport and treat the commercial wastewater from the proposed project entitled Odell Corners Phase 1, located off Odell School Road. The referenced project will serve a commercial development with a service station, and restaurant and retail space, with a projected wastewater flow of 7,650 gallons per day (gpd). The wastewater generated by this project will be conveyed through a proposed gravity system, an existing gravity system, and then enter WSACC's system at the existing 36-inch Rocky River Interceptor. WSACC acknowledges it has or will have capacity for wastewater from the proposed development based on information provided by BGE, Inc. (Civil Engineer for the project) using North Carolina Department of Environmental Quality (NCDEQ) wastewater flow guidelines. If construction of this project does not commence within two (2) years of the date of this notice, the notice is rescinded and a second request and notice will be required before flow capacity is accepted. Please notify WSACC, in writing, when construction of this project is initiated. This sewer capacity allocation may also be cancelled pursuant to the conditions set forth in the WSACC Sewer Allocation and Commitment Policy. Please note that the final commitment to service to provide wastewater treatment services shall occur upon application for a building permit for the project and when system development fees are paid pursuant to N.C. G.S. §162A, Article 8. If you have any questions, please call me at (704) 788-4164, extension 228. Sincerely, ! J. Thomas Hahn, PE Assistant Engineering Director cc: Sherri Moore/Concord Andrew P. Grant, PE/BGE, Inc. Michael WilsonJWSACC Chad VonCannon, PE/WSACC Mark Lomax/WSACC Trent Gobble/WSACC CAROLINA Mill NMI IIII ■■■I WATER DISTIRBUTION SYSTEM EXTENSION OR MODIFICATION APPLICATION (INSTRUCTIONS) The City of Concord will not accept this application unless all of the following instructions are adhered to: Prior to the submittal of an application package for publicly maintained and operated water distribution system extensions/modifications, the civil engineering design drawings shall be approved through the appropriate technical review process as required by the Director of Engineering and defined by the City of Concord Development Ordinance. The design drawings must be prepared in accordance with Subchapter 15A NCAC 18C of the North Carolina Administrative Code, the Water and Sewer Authority of Cabarrus County's "Standard Specifications for Wastewater Collection and Water Distribution Construction for Cabarrus County," the City of Concord Code of Ordinances, and good engineering practices. Failure to submit all of the required items will lead to additional fees and processing and review time for the application. A. Application Form: (All Application Packages): ® Submit one original and one copy of the completed and appropriately executed application form. Incomplete applications may result in the application being returned. The City of Concord will only accept application packages that have been fully completed with all applicable items addressed. ® The project name should be consistent with the project name on the plans and supporting data. N/A ❑ If this project involves a modification of an existing "Authorization to Construct," submit one copy of the existing "Authorization to Construct." Please note that modifications must meet current design standards. Application Fee: (All Application Packages): Submit a check made payable to the "City of Concord" in the amount as required by the current "City of Concord Fiscal Year Fees and Charges Schedule" A copy current City of Concord Fiscal Year Fees and Charges Schedule can be viewed on the City of Concord web page at www.concordnc.gov under "Departments" — "Finance" - "Adopted Fees Schedule" C. Detailed Plans and Specifications: (All Application Packages): El Submit the requested format OR number of approved design drawing plan sets that are signed, sealed, and dated by a N.C. Professional Engineer. The Water and Sewer Authority of Cabarrus County's "Standard Specifications for Wastewater Collection and Water Distribution Construction for Cabarrus County" and the City of Concord Development Ordinance and Code of Ordinances Utilities Article and Technical Specifications must be adhered to without exception. Use of the Water and Sewer Authority of Cabarrus County's (WSACC) "Standard Specifications for Wastewater Collection and Water Distribution Construction for Cabarrus County," and the City of Concord Development Ordinance, Code of Ordinances Chapter 62 and Technical Standards must be noted on each sheet of the plans. • A current copy of the Water and Sewer Authority of Cabarrus County's (WSACC) "Standard Specifications for Wastewater Collection and Water Distribution Construction for Cabarrus County can be viewed on the WSACC web page at www.wsacc.org under "Departments" — "Engineering" — "Standard Specifications" or a copy can be obtained from the WSACC. • A current copy of the City of Concord Code of Ordinances can be viewed on the City of Concord web page at www.concordnc.gov under "Government" — "City Ordinance". • A current copy of the City of Concord Development Ordinances can be viewed on the City of Concord web page at www.concordnc.gov under "Departments" — "Development Services" — "Development Ordinance". • For a current copy of the City of Concord details and other technical standards, please access the City of Concord web page at www.concordnc.gov under "Departments" — "Engineering" — "Forms and Downloads" or a copy can be obtained from the Engineering Department. ® Plans must include the following minimum items: a general location map, a North arrow, street and waterbody names, a scale, the 100-year flood elevation, existing rights -of -way and easements, setback limits, elevation control markers and monuments, stationing, pipe material, fittings, plan and profile views of the water distribution system extension as well as the proximity of the water line to other (proposed/existing) utilities and natural features, structures, sedimentation/erosion control, storm drainage systems, and detail drawings of all items pertinent to the water distribution system extension. Depict minimum separations required in 15A NCAC 18C .0906 on the plans, and note the use of ferrous pipe material with joints B. EI FORM: WDSEM 02/2019 Instructions Page 1 of 2 equivalent to water main standards if minimum separations are not met. Minimum cover over water lines in accordance with 15A NCAC 18C .0904 and the City of Concord Code of Ordinances must also be shown clearly on the plans. N/A ❑ Cross connection control in accordance with the City of Concord Water Resource Department's "Backflow Prevention Ordinance and Cross Connection Control Ordinance" must be specified on the drawings and details provided. • A copy current City of Concord Backflow Manual and details can be viewed on the City of Concord web page at www.concordnc.gov under "Departments" — "Water Resources" — `Backflow Prevention Manual" or a copy can be obtained from the Water Resources Department. ® Plans must not be labeled with preliminary phrases (e.g., FOR REVIEW ONLY, NOT FOR CONSTRUCTION, etc.) that indicate that they are anything other than final plans. D. Engineering Calculations (All Application Packages): ® Submit two sets of hydraulic design calculations signed, sealed, and dated by a N.C. Professional Engineer for the proposed public water system and domestic service and fire service, as applicable. ® The proposed extension shall be able to produce the required fire flows, including but not limited to any necessary pumping or storage, throughout the proposed extension without negatively impacting the existing system. Documentation of this ability shall be submitted to the Director of Engineering or his/her designee for approval. E. Environmental Assessments (If required — by 15A NCAC IC .0100): N/A ❑ Submit one copy of the Findings of No Significant Impact (FONSI) or Environmental Impact Statement (EIS). Also, include information on any mitigating factor(s) from the Environmental Assessment (EA) that impact the construction of the subject water lines. F. City of Concord Water System -Supplied Information Report: Attach a copy of the most current City of Concord Water System -Supplied Information Report to this application. The form can be obtained on the City of Concord Engineering web page under "Forms & Downloads" at www.concordnc.gov ® Submit one copy that is initialed and dated by the Engineer. THE COMPLETED APPLICATION PACKAGE, INCLUDING ALL SUPPORTING INFORMATION AND MATERIALS, SHOULD BE DELIVERED TO THE FOLLOWING ADDRESS: CITY OF CONCORD Development Services Department Post Office Box 308 Concord, North Carolina 28026-0308 Telephone Number: (704) 920-5142 FORM: WDSEM 02/2019 Instructions Page 2 of 2 STATE OF NORTH CAROLINA COUNTY OF Permit No. DEVELOPER'S OPERATIONAL AGREEMENT This AGREEMENT made pursuant to G.S. 143-215.1 (d1) 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 Sona Realty, LLC. , a corporation/general partnership registered/licensed to do business in the State of North Carolina, hereinafter known as theDEVELOPER. WITNESSETH: 1. The DEVELOPER is the owner of the certain lands lying in Cabarrus County, upon which it is erecting and will erect dwelling units and other improvements, said development to be known as M0A,A1 ti 06' IA_ Co R A S(hereinafter the Development). 2. The DEVELOPER desires, to construct a wastewater collection system with pumps, wastewater treatment works, and/or disposal facilities (hereinafter Disposal System) to provide sanitary sewage disposal to serve the Development on said lands. 3. The DEVELOPER has applied to the COMMISSION for the issuance of a permit pursuant to G.S. 143- 215.1 to construct, maintain, and operate the Disposal System. 4. The DEVELOPER has created or shall create unit ownership in said dwellings units, other improvements and lands through filing of a Declaration of Unit Ownership (hereinafter Declaration), pursuant to Chapter 47C or 47F of the North Carolina General Statutes. 5. The DEVELOPER has caused to be formed or will cause to be formed at the time of filing of the Dec a1 is i! e Odell Corners tbatpargi043,Property 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. 6. The COMMISSION desires to assure that the Disposal System of the Development is properly constructed, maintained and operated in accordance with law and permit provisions in order to protect the quality of the waters of the State and the public interest therein. NOW, THEREFORE, in consideration of the promises and the benefits to be derived by each of the parties hereto, the COMMISSION and DEVELOPER do hereby mutually agree as follows: 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. 2. The DEVELOPER shall not transfer ownership and/or control of the Disposal System to the Association until construction has been completed in accordance with the permit and approved plans, and the staff of the Division of Water 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 of the 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 DEVELOPER's successor. FORM: DEV 03-19 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 andinsurance. 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 thS 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 apermit. 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 MANAGEMENT COMMISSION Linda Culpepper Director, Division of Water Resources (Date) Sona Realty, LLC. Name of DEVELOPER By: (Signature) Venkat Suryadevara Print Name and Title (12.Jj Zo2( (Dat ) FORM: DEV 03-19 Page 2 of 2