HomeMy WebLinkAboutWQ0043200_Application (FTSE)_20220204State of North Carolina
Department of Environmental Quality
DWR Division of Water Resources
FAST TRACK SEWER SYSTEM EXTENSION APPLICATION
Division of Water Resources FTA 06-21 & SUPPORTING DOCUMENTATION
Application Number: (to be completed by DWR)
All items must be comuleted or the application will be returned
1. APPLICANT INFORMATION:
1. Applicant's name: W&G_Associates, LLC (company, municipality, HOA, utility, etc.)
2. Applicant type: ❑ Individual ® Corporation ❑ General Partnership ❑ Privately -Owned Public Utility
❑ Federal ❑ StatelCounty ❑ Municipal ❑ Other
3. Signature authority's name: Eric Kuthe per 15.E 1CAC. 02T A 106LE i
Title: Authorized Representative
4. Applicant's mailing address: 216 King Oak St
City: Holly Springs State: NC Zip: 27540-
5. Applicant's contact information:
Phone number: (919) 622-0291 Email Address: ekuthe&rnail.com
11, PROJECT INFORMATION:
1. Project name: Swabia Court
2. Application/Project status: ® 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: Durham
4. Approximate Coordinates (Decimal Degrees): Latitude: 35.87656° Longitude:-78.84435�
5. Parcel ID (if applicable): 157950 (or Parcel ID to closest downstream sewer) n
d
Ill. CONSULTANT INFORMATION: °
0
1. Professional Engineer: Martin A. HebrankLicense Number: 040128�
Firm: SEPI Engineering and Construction, Inc
Mailing address: 1 Glenwood Avenue Suite 600 0
City: Raleigh State: NC Zip: 27603-_ r 5
Phone number: (9L9) 747-5877 Email Address: mhebrank(@sepiinc.com 0 A
IV. WASTEWATER TREATMENT FACILITY (WWTF) INFORMATION: W
1. Facility Name: Triangle Wastewater Treatment Plant Permit Number: NCO026051
Owner Name: Durham County
V. RECEIVING DOWNSTREAM SEWER INFORMATION:
1. Permit Number(s): Unknown
2. Downstream (Receiving) Sewer Information: 8 inch l 9 Gravity ❑ Force Main
3. System Wide Collection System Permit Number(s) (if applicable): WQCS00038
Owner Name(s): Durham County
FORM: FTA 06-21 Page ) 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 ® NiA
2. If the Applicant is a Developer of lots to be sold, has a Ileycloper's Operational Agrecmcnt(FORM: DEV) been attached?
❑ Yes [:]No ®NIA
3. If the Applicant is a Home/Property Owners' Association, has an HOAPOA Pperational Agreement (FORM; H_ OA) and
supplementary documentation as required by 15A NCAC 02T.0115(c) been attached?
❑ Yes ❑ No ® NiA
4. Origin of wastewater: (check all that apply):
❑ Residential (Individually Owned) ❑ Retail (stores, centers, malls) ❑ Car Wash
❑ Residential (Leased) ❑ Retail with food preparation/service ❑ Hotel and/or Motels
❑ School / preschool / day care ❑ Medical / dental i veterinary facilities ❑ Swimming Pool/Clubhouse
❑ Food and drink facilities ❑ Church ❑ Swimming Pool/Filter Backwash
® Businesses f offices I factories ❑ Nursing Home ❑ Other (Explain in Attachment)
5. Nature of wastewater: _ % Domestic 63 c/o Commercial 37 % Industrial ( cc_ 15A NCAC 02T ,0103(20))
If Industrial, is there a Pretreatment Program in effect? ❑ Yes® No
6. Hasa flow reduction been approved under 15A NCAC WJ.QI L4J0? ❑ Yes ®No
➢ If provide a copy of flow reduction approval letter with this aaRplication
7. Summarize wastewater generated by project:
Establishment Type (see 02T.0114(f))
Daily Design Flow'"
No. of Units
Flow
Office/Business
25 gal/EmployeerShift
118
2950 GPD
For Lab use Factories with showers 'food
re
35 gal/Employee/Shift
50
1750 GPD
gall
GPD
gal/
GPD
gal/
GPD
gal/
GPD
Total
4700 GPD
a See 15A NCAC 02T _0 i 14f_b.L L& CeICI) 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: 4700 GPD (per.15A NCAC 02T ,0114)
➢ Do not include future flows or previously permitted allocations
If permitted flow is zero, please indicate why:
❑ 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.
❑ Flow has already been allocated in Permit Number:.. Issuance Date:
❑ Rehabilitation or replacement of existing sewers with no new flow expected
❑ Other (Explain):
FORM: FTA 06-21 Page 2 of 5
VI1. GRAVITY SEWER DESIGN CRITERIA (If Applicable) - 02T .0305 & MDC (Gravity Sewers):
1. Summarize gravity sewer to be permitted:
Size (inches) Length (feet) Material
8 647 DIP
➢ 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 (Puma 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: . v y° 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 feet total dynamic head (TDH)
5. Summarize the force main to be permitted (for this Pump Station):
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.l.b. []Grinder Pump ❑ Mechanical Bar Screen []Other (please specify)
6. Power reliability in accordance with 15A NCAC 02T _0305thj:
❑ Standby power source or ❑ Standby pump
D 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 , (028.0200 & 15A NCAC 02T .0305(f)):
1. Does the project comply with all separations/alternatives found in 15A NCAC 01T .03{15(f) & (? ® 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
'Water 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-1 waters of Class I or
Class I1 impounded reservoirs used as a source of drinking water, and associated wetlands.
100 feet
**Waters classified WS (except WS-1 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
10 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.
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{t3 or lgl see Section X.1 of this application
*15A NCAC 02T.,0305(g,) contains alternatives where separations in 02T.0305t 0 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 Surfatc WatcrCiagifications w�brra�c
2. Does this project comply with the minimum separation requirements for water mains? ® Yes ❑ No ❑ N/A
➢ If no, plcase 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.
➢ Seethe 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 15A NCAC 0213 .0200? ❑ Yes ❑ No
➢ This includes Trout Buffered Streams per 15A NCAC 213.0202
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.010: (, c]t6] (additional permits/certifications)? ® Yes ❑ No
Per 15A NCAC 02T.01QaU 6l, 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.).
Does this project include any sewer collection lines that are deemed "high -priority?" ❑ Yes ® No
Per 15A..NCA '_22 a2T. 4 , "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 Permi.Liq"f_Pump Stations
and Fomc 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 proiects reguirine a variance approval may be subject to longer
review times. For proiects repulrine two or more variances or where the variance is determined by the Division to be a
sienificant portion of theproiect. the full technical review is required.
2. Professional Engineer's Certification:
1, Martin.A. Hebrank , attest that this application for Swabia Court
(Professional Engineer's name from Application Item [IL 1.) (Project Name from Application Item II.I )
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 6ravi &wers (11atcst vcrJon), and the MinimALm DgsiZn_Critcria forte Fast -Track Permitting
of Pump Stations and Force Mains llatest 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 143-215,613, 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. Misrepresentation of the application
information, including failure to disclose any design non-compliance with the applicable Rules and design criteria, may subject
the North Carolina -licensed Professional Engineer to referral to the licensing board. (21 NCAC 56.0701)
North Carolina Professional Engineer's seal, signature, and date:
3. Applicant's Certification per 15A NCAC 02T .0106(b):
�<<»ttti iirFturrr
�H CAR
SEAL
04 1
1, Eric Kuthe , attest that this application for Swabia Court
(Signature Authority Name from Application Item I.3.) (Project Name from Application Item 11.1)
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. 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:
�• �L Date: 112-5 �2 2-
FORM: FTA 06-21 Page 5 of 5
State of North Carolina
Department of Environmental Quality
P-1 N4
Division of Water Resources
Dlvlsion of Water Resources Flow Tracking for Sewer Extension Applications
(FTSE 10-18)
Entity Requesting Allocation: W&G Associates, LLC
Project Name for which flow is being requested: Swabia Court
More than one FTSE may be required for a single project if the owner of the WWTP is not responsible jar all pump
stations along the route of the proposed wastewater flow.
1. Complete this section only if you are the owner of the wastewater treatment plant.
a. WWTP Facility Name: Triangle Wastewater Treatment Plant _
b. WWTP Facility Permit #: NCO026051
All flows are in MGD
c. WWTP facility's permitted flow 12
d. Estimated obligated flow not yet tributary to the WWTP 2.023
e. WWTP facility's actual avg. flow 4.227
f. Total flow for this specific request 0.0047
g. Total actual and obligated flows to the facility 6.255
h. Percent of permitted flow used 52.1
IL 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
Average Approx. Obligated,
Pump Pump Daily Current Not Yet Total Current
Station Station Firm Flow** Avg. Daily Tributary Flow Plus
(Name or Permit Capacity, * (Firm 1 pf), Flow, Daily Flow, Obligated Available
Number) No. MGD MGD MGD MGD Flow Capacity***
Slater Rd WQ0039225 0.612 0.245 0.158 0.011 0.169 0.076
* 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): Durham County Sewer
Downstream Permit Number: W CS00038
Page 1 of 6
FTSE 10-18
III. Certification Statement:
I --bn X certify to the best of my knowledge that the addition of
the volume of wastewater to be ermitted 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.
Signing Official Signature
bk Mcc iln
Title of Signing
.PJ3
Date
sw a b'w (ov i Page 2ofb
FTCF 10_1R
S E
I RALEIGH: 1 GLENWOOD AVENUE, SUITE 600, RALEIGH, NC 27603
OFFICE: 919.789.9977 / FAX: 919,789.9591 / WWW.SEPIINC.COM
February 4, 2022
Durham County
Utility Division
Re: Project Name: Swabia Court
Utility Review: Sanitary Sewer Only
Dear Staff,
SEPI Engineering & Construction, Inc., is pleased to submit the Sewer System Extension
Application for the Swabia Court project, located at 1050 Swabia Court, Durham, NC. This
project has been reviewed under Durham County Utilities Project #21-016 and is ready for your
review and approval.
The private system upstream of the extension that connects the 79,000 square feet of laboratory
and office space to the public main will include 647 linear feet of private 8" ductile iron pipe,
four (4) 48" manholes, and one (1) 60" monitoring manhole with a flow meter. The requested
flow from the facility is 4,700 GPD. The proposed sewer extension connects to the existing
manhole T-27-003 owned by Durham County.
This submittal will include the following drawings and documents:
One (1) original, signed FTA 06-21
One (1) PDF, signed FTA 06-21
One (1) Cover Letter and project narrative
One (1) Application fee for $480.00, payable to NCDEQ (Check # j{00}
One (1) original, signed FTSE 04-16
One (1) 8.5xl 1 color copy of the current USGS Topographic Map, identifying project area and
closest surface waters
One (1) aerial location map showing the general project area
One (1) set of Limited Liability Corporation Document from Secretary of State
If you have any questions or need additional information, please do not hesitate to call 919-
747-5877 or email me at mhebrankQsepiinc.com
Sincerely,
114aj-14& -
Martin A. Hebrank, PE
Project Manager I Land Development
SEPI Engineering & Construction, Inc.
EXISTING
SANITARY SEWER
Source: U.S. Geological Survey,
REF :
20190729, USGS US Topo 7.5-minute
ISSUED:
PERM T
300' 150' 0
300'
map for Southeast Durham, NC 2019:
DATE: 1
12.06.21
USGS - National Geospatial Technical
SEPI #:
SE19.083.00
Operations Center (NGTOC).
PM:
(WAGONER
SCALE: I" = 300'
NORTH
DR'N BY:
D.HUCKABY
CHK'D BY: M.HEBRANK
SEN
SWABIA COURT
1040 Swabia Court
SEPI ENGINEERING i CONSTRUCTION, INC.
Durham, NC, 27703
RALEIGH I CHARLOTTE I WILMINGTON
SEAUEORT I CHARLESTON
sepunG.COm
COPTMf Fn * 2021 SEPI ENGWEERMG a COM OWC110K MC
117122,• 1:40 PM
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
W & G Associates LLC
Prev Legal Name
W & G Associates, a North Carolina Limited Partnership
Information
Sosld: 0932320
Status: Current -Active 0
Date Formed: 3/23/2018
Citizenship: Domestic
Annual Report Due Date: April 15th
CurrentAnnual Report Status:
Registered Agent: Kuthe, Bert
Addresses
Mailing
552 Lizmore Place
Ocean Isle Beach, NC 28469
Reg Mailing
552 Lizmore Place
Ocean Isle Beach, NC 28469
Company Officials
Principal Office
552 Lizmore Place
Reg Office
552 Lizmore Place
Ocean Isle Beach, NC 28469 Ocean Isle Beach, NC 28469
All LLCs are managed by their managers pursuant to N.C.G.S. 57D-3-20.
Chief Financial Officer
Bert Kuthe
552 Lizmore Place
https://www.sosno.gov/online services/search/Business- Registration_. Results 112
117122,.1:40 PM
Ocean Isle Beach NC 28469
North Carolina Secretary of State Search Results
https://Www.sosnc.govionline*,services/search/Business Registration_ Results V2
RFSOLt TIONS ADOPTED BY
WRITTEN CONSENT IN LIEU OF A MEETING
OF THE, MEMBER-MANA(-ERS
OF
W & G ASSOCIATES LLC
.Mantua- 21.2021
The undersigned, a inember of the Company (the `Member') holding 55.47581% of the membership
intcrt�sts of W & G Associates LLC, a North Carolina Limited Liability Company (the "Cow"), hereby
adopts Elie following resolutions by signing; his «Mitten consents hereto in lieu of a meeting, and hereby directs
that this written consent be filed with the Company records:
WIHIREAS, the Member has determined it to be in the best interest ofthe Company for the Company to
have an awhorized representative of the Company (the "Authorized Representative') who, subject to the control of
the Company's Member -Managers, shall perfonn all duties incident to the position of Authorized Representative as
described belovv and such other ditties as may be prescribed by the Member -Managers from time to time, and may
exercise the powers set forth below on behalf of the Company, and;
WHEREAS, the Member has detennined it to be in the best interest of the Company to appoint Eric Scott
Kuthe, in addition to Bert Kutlie, as Authorized Representative of the Company.
NOW, THERFORE, BE IT RESOLVED that the Member, pursuant to Scction 57D-3-22 of the North
Carolina General Statutes and Sections 3.3(a) and 3.4(b) of the Company's Operating Agreement, hereby authorizes
both Eric Scott Kuthe and Bert Kuthe to be an Authorized Representative of the Company; and that either of the
Atlthoriad Representatives of the Company (acting alone or together) is hereby granted the authority to.
Collect Company property. The Authorized Representative may demand, sue for or use other lawful
means to obtain, collect, and take possession and control of any sums of motley, debts, checks,
accounts, interest; dividends, annuities, rents, goods, chattels, insurance benefits, and any other
Claims and rights wllatsoever which are now or may hereafter become due, owing, payable or
belonging to the Company, and to compromise, settle, arbitrate, abandon or otherwise deal with
ally such Claims;
Sell or dispose of Company property. The Authorized Representative may, if' specifically
instructed to do so in writing by the Mambas holding a majority of the membership interests of
tht: Company, sell, exchange, quitetaim, ConvCrt, partition, grant an option on, abandon or
olher"Pise dispose of all or any part of the real or personal properly owned by the Company or its
interest in such property, including, but not limited to, automobiles, stocks, bonds, and real estate
o,,Yned by the Company, as a tenant in common, tenant by the entirety or otherwise, upon ally
terms and conditions;
Nlaltage Company property. The Authorized Representative may take possession, custody, control
and otherwise manage -any of the real or personal property owned by the Company, or the interest
in such properly including, but not limited to, the power (i) to protect, develop, subdivide and
consolidate such property. (ii) to tease such property. upon any terms and conditions including
options to renew or purchase and for any period or periods of time and to modify, renew or'
emend Ally- existing leases, (iii) to erect, repair, or mi)kc illnprovertncnis to any building or other
Property and to reprove c.msting structures, (iv) to establish and maintain reserves for the
trltrintenance. proteerion and of SLICIn Propell) and for other purposes, (v) to intliate
or contlntle farilliil": lililling, or timber operations oil such property, (vi) to purchase and carry
casualty and liability insurance, (vii) to grant or release easements with respect to Such prupell),
tllid (viii) to dedicate or withdraw frorn dedication such property front public use;
Borrow money, The Authorized Representative may (i) borrow money for the benefit of the
Company from otliers, upon any terms and conditions, (ii) secure the payment of any amount so
borrowed by mortgaging, pledging or otherwse encumbering any of the real or personal propert}
owned by the Company, or its interest in such property, and (iii) modify, renew or extend the time
for payment of any obligation, secured or unsecured- payable by the Company for any period or
periods of time and upon any terms and conditions;
Lend money. The AuthorizLd Representative may, if specifically instructed to do so in writing by
the Members holding a majority of the membership interests of the: Company, (i) tend money to
any person upon any terms and conditions, (ii) modify, renew or extend the time for payment of
any obligation, secured or unsecured, payable to tile Company for any period or periods of time
and upon any terms and conditions, and (iii) foreclose as an incident to the collection of any
obligation, any deed of trust or other lien securing such obligation, to bid on the property at such
foreclosure sale or othenvise acquire the property without foreclosure and to retain the property
so obtained;
File taxes and related items. The Authorized Representative may perform any and all acts required
b) the Company with respect to any and all federal, state, local and foreign taxes, for prior tax
ears as well as for tax years ending subsequent to the date of this written consent, including, but
not limited to, the power (i) to make, execute and file returns, amended returns, powers of
attorney, and declarations of estimated tax, joint or otherwise, (ii) to represent the Company
before an? office of the Internal Revenue service or other taxing authority with respect to any
audit or other tax matter involving any tax year or period, (iii) to recr:ive confidential information,
(iv) to receive, endorse, and collect checks refunding taxes, penalties or interest, (v) to execute
waivers of restrictions on assessment ar collection of deficiencies in tax, (vi) to execute consents
extending the statutory period for assessment or collection of taxes, (vii) to execute and prosecute
protests or claims for refund or applications: for correction of assessed value, (vin) to execute
closing agreements, (ix) to prosecute, defend, compromise or settle any tax matter, and (x) to
delegate authority to or substitute another agent or attorney respecting any such taxes or tax
matters;
Manage the Company's banking affairs. The Authorized Representative may (i) make deposits in or
withdrawals from any Company accountin any banking, trust or investment institution, (ii) open
any account or interest with any such institution in the name of the Company (iii) endorse any
checks or negotiable instruments payable to the Company for collection or deposit to such
accounts and to sign, execute and deliver checks or drafts on such accounts, and (iv) to exercise
MY rigllt, option or privilege pertaining to any account, deposit, certificate of deposit, or other
interest with any such institution;
,vitiate and manage legal actions. The Authorized Representative may cause to be commenced,
prosecuted, defended, appealed, compromised, settled. arbitrated or discontinued in the name of
the Company as plaintiff or defendant, as the case may be, ally legal or equitable proceedings,
itldicial or administrative;
{ , 1:E1100y advisors. The Authorized Representative may employ persons. firms and corporations to
: N'Ise or assist the COMpany, including, but not limited to, agents, ace.otllltllnts; auditors, brokers,
.Ittrrrnevs-at-law, investment counsti, rental agents, reahors, appraisers and tax specialists; and
y
10 Draft and execute legal documents. The Authorized Representative may make, execute, endorse_
acknowledge, and deliver any and all instruments under seal, oath, verification or otherwise.
including, but not limited to, receipts, endorsements, releases, compromises, deeds, leases,
mortgages, deeds of trust, security agreements, contracts, assignments, options, stock powers,
proxies, promissory notes, guaranty agreements, bonds, financing statements, subordination
agreements, cheeks, negotiable instruments and satisfactions of mortgages, deeds of trust and
security agreements; and be it
FURTHER RESOLVED, that, the Authorized Representative shall exercise the authority granted in this
wrilren consent in a fiduciary capacity and the Authorized Representative shall have the duty to keep full and
accttrMC inventories and accounts of all transactions for the Company. Such inventories and accounts shall be
made available for inspection upon request by the Company; acid be it
FURTHER RESOLVED, that the Authorized Representative serves at the pleasure of the Member -
Managers and; as such, any individual appointed Authorized Representative has no contractual rights to hold such
}position, is not an employee of the Company, and is not a member or manager of the Company as defined in the
Operating Agreement of the Company or in Section 57D-1-03 of the North Carolina General Statutes; and be it
FURTHER RESOLVED, that the Authorized Representative is hereby authorized to do and to perform, or
cause to be dune and perfonned, such other acts, and to execute and deliver, or cause to be executed and delivered,
such other documents and instruments as he shall deem to be necessary or advisable in order to carry into effect the
specific authority granted above.
[Signature page fellowsl
IN ti4I'I NTSS WIiEREOF. the undersigned Member of- W - G Associates I�l_C has caused this
•�.•I41c" C.ollaCIA in I..ieu Ora Meeting W be exectited as of the day and year first above written.
;1iE1� R • ?
BurkhIr G rltennann