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HomeMy WebLinkAboutWQ0043061_Application (FTSE)_20211220ORSBORN ENGINEERING GROUP 605 LEXINGTON AVENUE, SUITE 301 CHARLOTTE, NORTH CAROLINA 28203 PHONE 704.749.1432 To: NCDEQ Plan Review Barry Love 610 E. Center Avenue Suite 301 Mooresville, NC 28115 Qty. Date TRANSMITTAL FECEIVED/NCDEQ/DWD DEC 1 6 2021 Project: 20043 — 4245 CR05 �8��JNAL OFFICE Date: 12/13/2021 Sent Via: FedEx Description 2 11/04/2021 Cover Letter 2 12/13/2021 Fast track application 1 12/10/2021 Flow Tracking for Sewer Extension Application 1 11/04/2021 Developer's Operational Agreement Form 1 11/10/2021 Application fee ($480) — Check #190 1 11/04/2021 Quad Map 1 11/05/2021 Site map 1 11/04/2021 NC secretary of state documentation ❑ For Approval ® For Your Use ® As Requested (l For Review and Comment ❑ Approved as Submitted ❑ Approved as Noted ❑ Returned for Corrections ❑ Returned After Review n Resubmit for Approval Please see enclosed documents for NCDEQ fast track application. Please feel free to contact OEG for further information. COMM: jbrand@orsborn-eg.com Copied To: Signed: ORSBORN ENGINEERING GROUP 4245 Rea Road Townhomes Charlotte, North Carolina Project Narrative November 4, 2021 RECEIVED/NCDEQ/DWD DEC 1 6 20.1 MOORESVILWOROS LE REGIONAL OFFICE This project provides site plans for construction of 7 residential buildings (26 townhome units) each covering approximately 36,700 sq. ft. for a total site area of 2.91 acres. All buildings will be served by a proposed 8" sewer main that will connect to an existing 8" public sewer main. Our project includes plans for connecting proposed private sewer services of the new buildings to the existing public sewer main. The proposed sewer system will include 805LF of 8" gravity sewer. Supporting Documents Included: 1.) Fast Track Application (1 original & 1 copy) 2.) Flow Tracking for Sewer Extension Application 3.) Developer's Operational Agreement Form 4.) Application Fee ($480) 5.) Quad Map 6.) Site Map 7.) NC Secretary of State documentation Page 1 605 LEXINGTON AVENUE, SUITE 301 • CHARLOTTE, NC 28203 P) 704.749.1432 Division of Water Resources State of North Carolina Department of Environmental Quality Division of Water Resources FAST TRACK SEWER SYSTEM EXTENSION APPLICATION FTA 06-21 & SUPPORTING DOCUMENTATION Application Number: '4CQC.)6C ot, I (to be completed by DWR) All items must be completed or the application will be returned I. APPLICANT INFORMATION: RECEIVED/NCDEO/DWR DEC 16 2021 WOROS MOORESVILLE REGIONAL OFFIC 1. Applicant's name: Smith Southeast Development, LLC (company, municipality, HOA, utility, etc.) 2. Applicant type: ❑ Individual ® Corporation ❑ General Partnership ❑ Privately -Owned Public Utility ❑ Federal ❑ State/County ❑ Municipal 3. Signature authority's name: Steve Smith per 15A NCAC 02T .0106(b) Title: Owner 4. Applicant's mailing address: 7138 Wessynton Drive City: Charlotte State: NC Zip: 28226- 5. Applicant's contact information: Phone number: (704) 839-1332 Email Address: ssmith@southeast.com II. PROJECT INFORMATION: 1. Project name: Rea Road Townhomes 2. Application/Project status: ❑ Other ® Proposed (New Permit) ❑ Existing Permit/Project If a modification, provide the existing permit number: WQ00 and issued date: For modifications, also attach a detailed narrative description as described in Item G of the checklist. If new construction, but part of a master plan, provide the existing permit number: WQ00 3. County where project is located: Mecklenburg 4. Approximate Coordinates (Decimal Degrees): Latitude: 35.106° Longitude:-80.806° 5. Parcel ID (if applicable): 211-59-315 (or Parcel ID to closest downstream sewer) III. CONSULTANT INFORMATION: 1. Professional Engineer: Jeffery C. Orsborn License Number: 028786 Firm: Orsborn Engineering Group Mailing address: 605 Lexington Avenue, Suite 301 City: Charlotte State: NC Zip: 28203- Phone number: (704) 749-1432 Email Address: jorsborn@orsborn-eng.com IV. WASTEWATER TREATMENT FACILITY (WWTF) INFORMATION: 1. Facility Name: McDowell Cr. Permit Number: NC0036277 Owner Name: CLT Water V. RECEIVING DOWNSTREAM SEWER INFORMATION: 1. PermitNumber(s): WQ 2. Downstream (Receiving) Sewer Information: 8 inch IZ Gravity ❑ Force Main 3. System Wide Collection System Permit Number(s) (if applicable): WQCS Owner Name(s): CLT Water FORM: FTA 06-21 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? ❑ Yes ❑ No ® N/A If the Applicant is a Developer of lots 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 HOA/POA Operational Agreement (FORM: HOA) and supplementary documentation as required by 15A NCAC 02T.0115(c) been attached? ❑ Yes ❑ No ® N/A 2, 4. Origin of wastewater: (check all that apply): ® Residential (Individually Owned) ❑ Residential (Leased) ❑ School / preschool / day care ❑ Food and drink facilities ❑ Businesses / offices / factories ❑ Retail (stores, centers, malls) ❑ Retail with food preparation/service ❑ Medical / dental / veterinary facilities ❑ Church ❑ Nursing Home ❑ Car Wash ❑ Hotel and/or Motels ❑ Swimming Pool/Clubhouse ❑ Swimming Pool/Filter Backwash ❑ Other (Explain in Attachment) 5. Nature of wastewater : 100 % Domestic % Commercial % Industrial (See 15A NCAC 02T .0103(20)) If Industrial, is there a Pretreatment Program in effect? ❑ Yes ❑ No 6. Has a flow reduction been approved under 15A NCAC 02T .01 14(f)? ❑ Yes ® No > If yes, provide a copy of flow reduction approval letter with this application 7. Summarize wastewater generated by project: Establishment Type (see 02T.0114(I)) Daily Design Flow a,b No. of Units Flow Residential (Individually Owned) 190 gal/unit 26 4940 GPD gal/ GPD gal/ GPD gal/ GPD gal/ GPD gal/ GPD Total 9360 GPD a See 15A NCAC 02T .01 14(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.01 14] shall be determined using available flow data, water using fixtures, occupancy or operation patterns, and other measured data. 8. Wastewater generated by project: 4940 GPD (per 15A NCAC 02T .0114) Do not include future flows or previously permitted allocations If permitted flow is zero, please indicate why: El Pump Station/Force Main or Gravity Sewer where flow will be permitted in subsequent permits that connect to this line. Please provide supplementary information indicating the approximate timeframe for permitting upstream sewers with flow. El Flow has already been allocated in Permit Number: Issuance Date: El Rehabilitation or replacement of existing sewers with no new flow expected ❑ Other (Explain): FORM: FTA 06-21 Page 2 of 5 VII. GRAVITY SEWER DESIGN CRITERIA (If Applicable) - 02T .0305 & MDC (Gravity Sewers): I. Summarize gravity sewer to be permitted: Size (inches) Length (feet) Material 8 805 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 requirements is not allowed and a violation of the MDC VIII. PUMP STATION DESIGN CRITERIA (If Applicable)— 02T .0305 & MDC (Pump Stations/Force Mains): PROVIDE A SEPARATE COPY OF THIS PAGE FOR EACH PUMP STATION INCLUDED IN THIS PROJECT 1. Pump station number or name: 2. Approximate Coordinates (Decimal Degrees): Latitude: Longitude: - . 3. Total number of pumps at the pump station: 3. Design flow of the pump station: millions gallons per day (firm capacity) ➢ This should reflect the total GPM for the pump station with the largest pump out of service. 4. Operational point(s) per pump(s): gallons per minute (GPM) at 5. Summarize the force main to be permitted (for this Pump Station): feet total dynamic head (TDH) Size (inches) Length (feet) Material If any portion of the force main is less than 4-inches in diameter, please identify the method of solids reduction per MDCPSFM Section 2.01C.1.b. ❑ Grinder Pump ❑ Mechanical Bar Screen ❑ Other (please specify) 6. Power reliability in accordance with 15A NCAC 02T .0305(h)(1): ❑ Standby power source or ❑ Standby pump ➢ Must have 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 and may not be portable Or if the pump station has an average daily flow less than 15,000 gallons per day 15A NCACO2T.0305(h)(1)(C): ❑ Portable power source with manual activation, quick -connection receptacle and telemetry - or ❑ Portable pumping unit with plugged emergency pump connection and telemetry: ➢ Include documentation that the portable source is owned or contracted by the applicant 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 as part of this permit application in the case of a multiple station power outage. FORM: FTA 06-21 Page 3 of 5 IX. SETBACKS & SEPARATIONS — (02B .0200 & 15A NCAC 02T .0305(f)): 1. Does the project comply with all separations/alternatives found in 15A NCAC 02T .0305(f) & (g)? ® Yes ❑ No 15A NCAC 02T.0305(f) contains minimum separations that shall be provided for sewer systems: Setback Parameter* Separation Required Storm sewers and other utilities not listed below (vertical) 18 inches 2Water mains (vertical - water over sewer preferred, 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 I or Class II impounded reservoirs used as a source of drinking water, and associated wetlands. 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 associated with these waters (see item IX.2) 50 feet **Any other stream, lake, impoundment, or ground water lowering and surface drainage ditches, as well as wetlands associated with these waters or classified as WL. 10 feet Any building foundation (horizontal) 5 feet Any basement (horizontal) 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 ➢ If noncompliance with 02T.0305(f) or (g), see Section X.1 of this application *15A NCAC 02T.0305(g) contains alternatives where separations in 02T.0305(f) cannot be achieved. Please check "yes" above if these alternatives are used and provide narrative information to explain. **Stream classifications can be identified using the Division's NC Surface Water Classifications webpage 2. Does this project comply with the minimum separation requirements for water mains? ® Yes ❑ No ❑ N/A ➢ If no, please refer to 15A NCAC 18C.0906(f) for documentation requirements and submit a separate document, signed/sealed by an NC licensed PE, verifying the criteria outlined in that Rule. 3. Does the project comply with separation requirements for wetlands? ® Yes ❑ No ❑ N/A ➢ Please provide supplementary information identifying the areas of non-conformance. ➢ See the Division's draft separation requirements for situations where separation cannot be met. ➢ No variance is required if the alternative design criteria specified is utilized in design and construction. 4. Is the project located in a river basin subject to any State buffer rules? ❑ Yes Basin name: ® No If yes, does the project comply with setbacks found in the river basin rules per I5A NCAC 02B .0200? ❑ Yes ❑ No ➢ This includes Trout Buffered Streams per 15A NCAC 2B.0202 5. Does the project require coverage/authorization under a 404 Nationwide/individual permits ❑ Yes ® No or 401 Water Quality Certifications? ➢ Please provide the permit number/permitting status in the cover letter if coverage/authorization is required. 6. 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 must be 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.). 7. Does this project include any sewer collection lines that are deemed "high -priority?" ❑ Yes ® No Per 15A NCAC 02T.0402, "high -priority sewer" means any aerial sewer, sewer contacting surface waters, siphon, or sewers positioned parallel to streambanks that are subject to erosion that undermines or deteriorates the sewer. Siphons and sewers suspended through interference/conflict boxes require a variance approval. ➢ 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 permittee's individual System -Wide Collection permit. FORM: FTA 06-21 Page 4 of 5 X. CERTIFICATIONS: 1. Does the submitted system comply with 15A NCAC 02T, the Minimum Design Criteria for the Permitting of Pump Stations and Force Mains (latest version), and the Gravity Sewer Minimum Design Criteria (latest version) as applicable? ® Yes ❑ No If no, for projects requiring a single variance, complete and submit the Variance/Alternative Design Request application (VADC 10-14) and supporting documents for review to the Central Office. Approval of the request will be issued concurrently with the approval of the permit, and projects requiring a variance approval may be subject to longer review times. For projects requiring two or more variances or where the variance is determined by the Division to be a significant portion of the project, the full technical review is required. 2. Professional Engineer's Certification: Jeff Orsbo(n , attest that this application for (Professional Engineer's name from Application Item III.1.) q ea ©OC' 70talkO S (ProjectName from Application Item IL 1) 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, 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. Misrepresentation7 the application information, including failure to disclose any design non-compliance with the applicable Rules and des i crit ria, may subject the North Carolina -licensed Professional Engineer to referral to the licensing board. (21 NCAC �j'►,� North Carolina Professional Engineer's seal, signature, and date:N,(j'•r�� re' • 2 3ss ,,t� F! G I N EEQ%t�' ®Q"vai` 's<' tU 1s&O es,', fir' 3. Applicant's Certification per 15A NCAC 02T .0106(b): S t v e S M tti l , attest that this application for e a .RO (' To vi n Y1©r `e (Signature Authority Name from Application item i.3.) (Project Name from Application item il, l ) attest that this application 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. 1 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. 1 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: e.. k&AjGVt-A (4.-' Date: 11 4,2.E FORM: FTA 06-21 Page 5 of 5 State of North Carolina Department of Environmental Quality Division of Water Resources Flow Tracking for Sewer Extension Applications (FTSE 10-18) Entity Requesting Allocation: Orsborn Engineering Group, P.A. Project Name for which flow is being requested: Rea Road Townhomes More than one FTSE may be required for a single project if the owner of the WWTP is not responsible for all pump stations along the route of the proposed wastewater flow. . Complete this section only if you are the owner of the wastewater treatment plant. a. WWTP Facility Name: McAlpine Creek, Irwin Creek, Sugar Creek b. WWTP Facility Permit #: NC0024970, NC0024945, NC0024937 All flows are in MGD c. WWTP facility's permitted flow 99.00 d. Estimated obligated flow not yet tributary to the WWTP 11.597 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 71.5 0.00494 83.097 83.9% II. Complete this section for each pump station you are responsible for along the route of this proposed wastewater flow. List pump stations located between the project connection point and the WWTP: (A) (B) (C) (D)=(B+C) (E)=(A-D) Design Obligated, Pump Pump Average Approx. Not Yet Total Current Station Station Firm Daily Flow** Current Tributary Flow Plus (Name or Permit Capacity, * (Firm / pf), Avg. Daily Daily Flow, Obligated Available Number) No. MGD MGD Flow, MGD MGD Flow Capacity*** * The Firm Capacity (design flow) 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 firm capacity of the pump station divided by a peaking factor (pf) not less than 2.5, per Section 2.02(A)(4)(c) of the Minimum Design Criteria. *** 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. Downstream Facility Name (Sewer): Unknown Downstream Permit Number: Unknown Page 1 of 6 FTSE 10-18 TIT. Certification Statement: I Ken Cantrell certify to the best of my knowledge that the addition of the volume of 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. This certification applies to those items listed above in Sections I and II plus all attached planning assessment addendums for which I am the responsible party. Signature of this form certifies that the receiving collection system or treatment works has adequate capacity to transport and treat the proposed new wastewater. 12/10/2021 Signing Official Signature Date Chief Engineer Title of Signing Official Page 2 of 6 FTSE 10-18 PLANNING ASSESSMENT ADDENDUM (PAA) Submit a planning assessment addendum for each pump station listed in Section II where Available Capacity is < 0. Purnp Station (Name or Number): Given that: a. The proportion and amount of Obligated, Not Yet Tributary Daily Flow (C) accounts for % and MGD of the Available Capacity (E) in Pump Station ; and that b. The rate of activation of this obligated, not yet tributary capacity is currently approximately MGD per year; and that c. A funded Capital Project that will provide the required planned capacity, namely is in design or under construction with planned completion in ; and/or d. The following applies: Therefore: Given reasonably expected conditions and planning information, there is sufficient justification to allow this flow to be permitted, without a significant likelihood of over -allocating capacity in the system infrastructure. I understand that this does not relieve the collection system owner from complying with G.S. 143- 215.67(a) which prohibits the introduction of any waste in excess of the capacity of the waste disposal system. Signing Official Signature Date Page 3 of 6 FTSE 10-18 Instructions for Flow Tracking form (FTSE) and Planning Assessment Addendum (PAA) Section I a. WWTP Facility Name: Enter the name of the WWTP that will receive the wastewater flow. b. WWTP Facility Permit #: Enter the NPDES or Non -Discharge number for the WWTP receiving the wastewater flow. c. WWTP facility's permitted flow, MGD: From WWTP owner's NPDES or Non -Discharge permit. d. Estimated obligated flow not yet tributary to the WWTP, MGD: This includes flows allocated to other construction projects not yet contributing flow to the collection system. Flows allocated through interlocal agreements or other contracts not yet contributing flow to the collection system are also included. For POTWs that implement a pretreatment program, include flows allocated to industrial users who may not be using all of their flow allocation. Please contact your Pretreatment Coordinator for information on industrial flow tributary to your WWTP. As of January 15, 2008 the POTW should have reviewed flow allocations made over the last two years and reconciled their flow records, to the best of their ability, so it is known how much flow has been obligated and is not yet been made tributary to the WWTP, in accordance with local policies and procedures employed by the reporting entity. e. WWTP facility's actual avg. flow, MGD: Previous 12 month average. f. Total flow for this specific request, MGD: Enter the requested flow volume. g. Total actual and obligated flows to the facility, MGD Equals [d + e + f] h. Percent of permitted flow used: Equals [(g / c)*100] For example: On January 15 a POTW with a permitted flow of 6.0 MGD, reported to the Regional Office that there is 0.5 MGD of flow that is obligated but not yet tributary. The annual average flow for 2007 is 2.7 MGD. There is a proposed flow expansion of 0.015 MGD. The first Form FTSE submitted after January 15, 2008 may have numbers like this: c. = 6.0 MGD d. = 0.5 MGD e. = 2.7 MGD f. = 0.015 MGD g. = 3.215 MGD h. = 53.6% The next Form FTSE may be updated like this with a proposed flow expansion of 0.102 MGD: c. = 6.0 MGD d. = 0.515 MGD e. = 2.73 MGD f. = 0.102 MGD g. = 3.349 MGD h. = 55.8 % Each subsequent FTSE form will be updated in the same manner. Page 4 of 6 FTSE 10-18 Section II List the pump station name or number and approximate pump station firm capacity, approximate design average daily flow (A) approximate current average daily flow (B), and the obligated, not yet tributary flow through the pump station (C) for each pump station that will be impacted by the proposed sewer extension project. Calculate the total current flow plus obligated flow (D=B+C) and the available capacity (E=A-D). Include the proposed flow for this project with other obligated flows that have been approved for the pump station but are not yet tributary (C). Firm capacity is the maximum pumped flow that can be achieved with the largest pump out of service as per the Minimum Design Criteria. Design Average Daily Flow is the firm capacity of the pump station divided by a peaking factor (pf) of not less than 2.5. If the available capacity (E) for any pump station is < 0, then prepare a planning assessment for that pump station if the system has future specific plans related to capacity that should be considered in the permitting process. (A) (B) (C) (D)=(B+C) (E)=(A-D) Obligated, Design Approx. Not Yet Firm Average CulTent Avg. Tributary Pump Station Capacity Daily Flow Daily Flow, Daily Flow, (Name or Number) MGD (Firm / pf) MGD MGD Kaw Creek PS 0.800 0.320 0.252 0.080 Total Current Flow Plus Obligated Flow Available Capacity* 0.332 -0.012 Valley Road PS 1.895 0.758 0.472 0.135 0.607 0.151 Page 5 of 6 FTSE 10-18 Planning Assessment Addendum Instructions Submit a planning assessment addendum for each pump station listed in Section II where available capacity is < 0. A planning assessment for Kaw Creek PS (see example data above) may be performed to evaluate whether there is significant likelihood that needed improvements or reductions in obligated flows will be in place prior to activating the flows from the proposed sewer extension project. if the system decides to accept the flow based on a planning assessment addendum, it is responsible to manage the flow without capacity related sanitary overflows and must take all steps necessary to complete the project or control the rate of flow to prevent sanitary sewer overflows. The planning assessment may identify a funded project currently in design or construction, or a planned project in the future not yet funded but in a formal plan adopted by the system. The system should carefully weigh the certainty of successful timely project completion for any expansion, flow management diversion or infiltration and inflow elimination projects that are the foundation of a planned solution to capacity tracking and acceptance compliance. For example: Given that: a. The proportion and amount of obligated, not yet tributary flow accounts for 24 % and 0.080 MGD of the committed flow in Pump Station Kaw Creek; and that b. The rate of activation of this obligated, not yet tributary capacity is currently approximately 0.01 MGD per year; and that c. A funded capital project that will provide the required planned capacity, namely is in design or under construction with planned completion in ; and/or d. The following applies: The master plan and ten year capital plan contain recommended scope and funding for a capital project entitled Kaw Creek Pump Station upgrade with funding planned in July 2014. This project is planned to add 0.100 MGD to the firm capacity of the pump station by October 2015. Inclusion of this proposed capital project as a condition of this Flow Tracking/Acceptance for Sewer Extension Permit Application elevates this project's priority for funding and construction to be implemented ahead of the activation of obligated, not yet tributary flows in amounts that exceed the firm pump station capacities identified in Section II above. Therefore: Given reasonably expected conditions and planning information, there is sufficient justification to allow this flow to be permitted, without a significant likelihood of over -allocating capacity in the system infrastructure. Page 6 of 6 FTSE 10-18 STATE OF NORTH CAROLINA COUNTY OF Mecklenburg ,4 (aC'if30( f Permit No. --0+7 DEVELOPER'S OPERATIONAL AGREEMENT This AGREEMENT made pursuant to G.S. 143-215.1 (di) and entered into this 4 t h day of November , by and between the North Carolina Environmental Management Commission, an agency of the State of North Carolina, hereinafter known as the COMMISSION; and Smith Southeast Development, LLC , a corporation/general partnership registered/licensed to do business in the State of North Carolina, hereinafter known as the DEVELOPER. WITNESSETH: 1. The DEVELOPER is the owner of the certain lands lying in Mecklenburg County, upon which it is erecting and will erect dwelling units and other improvements, said development to beknown as Rea Road Townhomes (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 Declaration, (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 andrepair. 6. The COMMISSION desires to assure that the Disposal System of the Development is properly constructed, maintained and operated in accordance with law and penult provisions in order to protect the quality of the waters of the State and the public interest therein. NOW, THEREFORE, in consideration of the promises and the benefits to be derived by each of the parties hereto, the COMMISSION and DEVELOPER do hereby mutually agree as follows: 1. The DEVELOPER shall construct the Disposal System in accordance with the permit and plans and specifications hereafter issued and approved by the COMMISSION, and shall thereafter properly operate and maintain such systems and facilities in accordance with applicable permit provisions andlaw. 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 andDeclaration. 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. 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 mayrequire 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 ` vA t cpj}tn,¢.a5t ue e,(fi644gRA 'i (✓L) MANAGEMENT COMMISSION Name ofDEVELOPER By: 9 4AA- "SAA,a±.. S. Daniel Smith Director, Division of Water Resources (Signature) N✓MeAm t2.e. v / YtA Print Name and Title (Date) (Date) FORM: DEV 03-19 Page 2 of 2 JOB # DATE: SCALE: 20043 11/4/2021 1"=150' DRAWN BY: JDB APPROVED BY: DLS A SITE= PROPOSED 8" - PRIVATE SEWER USGS QUAD MAP EXHIBIT FOR 4245 Rea Road CHARLOTTE, NORTH CAROLINA EXISTING 8" PUBLIC SEWER MAIN ORSBORN ENGINEERING GROUP 610 EAST MOREHEAD STREET, SUITE 106 CHARLOTTE, NC 28202 P) 704-749-1432. F) 704-749-1433 4245 Rea Road —Site Map 11/3/21, 9:13 AM North Carolina Secretary of State Search Results • 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 Smith Southeast Development, L.L.C. Information Sosld: 1547168 Status: Current -Active 0 Date Formed: 10/3/2016 Citizenship: Domestic Annual Report Due Date: April 15th CurrentAnnual Report Status: Registered Agent: Smith, Steven H Addresses Mailing Principal Office Reg Office 7138 Wessynton Drive 7138 Wessynton Drive 7138 Wessynton Drive Charlotte, NC 28226-7549 Charlotte, NC 28226-7549 Charlotte, NC 28226-7549 Reg Mailing 7138 Wessynton Drive Charlotte, NC 28226-7549 Company Officials All LLCs are managed by their managers pursuant to N.C.G.S. 57D-3-20. Managing Member Steven H Smith 7138 Wessynton Drive Charlotte NC 28226 https://www.sosnc.gov/online_services/search/Business_Registration_Results 1/1