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HomeMy WebLinkAboutWQ0043472_Application (FTSE)_20220511DWR 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: WQ W 4 5 q 12 (to be completed by DWR) All items must be completed or the application will be returned I. APPLICANT INFORMATION: 1. Applicant's name: 1158 Place Owners' Association, Inc. (company, municipality, HOA, utility, etc.) 2. Applicant type: ❑ Individual ® Corporation ❑ Federal ❑ State. County ❑ General Partnership ❑ Municipal 3. Signature authority's name: Jennifer D. Scott, Esqx per 15A NCAC 02T .0106(b) Title: Incorporator 4. Applicant's mailing address: 575 Military Cutoff Road, Ste. 106 City: Wilmington State: NC Zip: 28405- 5. Applicant's contact information: Phone number: (919) 874-5050 Email Address: II. PROJECT INFORMATION: 1. Project name: 1158 Place Phase I & II Private Sewer Extension 2. Application/Project status: ® Proposed (New Permit) ❑ Privately -Owned Public Utility ❑ Other NC Dept of Environmental Quality MAY .4.1 suti, Raleigh Regional Office ❑ Existing Permit/Project If a modification, provide the existing permit number: WQ00N,A and issued date: N/A, 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: WQ00NA 3. County where project is located: Wilson 4. Approximate Coordinates (Decimal Degrees): Latitude: 35.745' Longitude:-77.972' 5. Parcel ID (if applicable): 3702-47-7219, 3702-47-9494 (or Parcel ID to closest downstream sewer) III. CONSULTANT INFORMATION: 1. Professional Engineer: Robert S. Bartlett, PE Firm: Bartlett Engineering & Surveying, PC Mailing address: 1906 Nash Street N. City: Wilson State: NC Zip: 27893- Phone number: (252) 399-0704 Email Address: robert(a,bartletteng.com License Number: 20106 IV. WASTEWATER TREATMENT FACILITY (WWTF) INFORMATION: 1. Facility Name: Hominy Creek Water Reclamation Facility Permit Number: NC0023906 Owner Name: City of Wilson V. RECEIVING DOWNSTREAM SEWER INFORMATION: 1. Permit Number(s): WQ0041572 2. Downstream (Receiving) Sewer Information: 12 inch CO Gravity - Force Main 3. System Wide Collection System Permit Number(s) (if applicable): WQCS. Owner Name(s): FORM: FTA 06-21 Page I 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 2. If the Applicant is a Developer of lots to be sold, has a Develotitr's Operational Agreement (FORM: DEN') been attached? ®Yes ❑No ❑N/A 3. If the Applicant is a Home:Property Owners' Association, has an HOA/POA Operational Agreement (FORM: HOA1 and supplementary documentation as required by 15A NCAC 02T.0115(c) been attached? ®Yes ❑No ❑NA 4. Origin of wastewater: (check all that apply): ® Residential (Individually Owned) O Residential (Leased) O School preschool ? day care O Food and drink facilities O 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 .0I03j0)) If Industrial, is there a Pretreatment Program in effect? ❑ Yes❑ No 6. Has a flow reduction been approved under 1 A. NCAC 02T .0114111? ❑ 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(f)) Daily Design Flow a,b No. of Units Flow Single Family Townhomes 360 gaUday 43 15,480 GPD gal/ GPD gal/ GPD gal/ GPD gal/ GPD gall GPD 1 Total 15,480 GPD a See 1 SA_ NCAC 02T .01 14[bk (d), (e)(1) and (0(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,01141 shall be determined using available flow data, water using fixtures, occupancy or operation patterns, and other measured data. 8. Wastewater generated by project: 15,480 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. O Flow has already been allocated in Permit Number: Issuance Date: O 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): 1. Summarize gravity sewer to be permitted: Size (inches) Length (feet) Material 8 527 PVC 8 172 DIP 1 ➢ Section 11 & 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 me hod of solids reduction per MDCPSFM Section 2.01C.I.b. ❑ Grinder Pump ❑ Mechanical Bar Screen ❑ Other (please specify) _... 6. Power reliability in accordance with J 5A NCAC 02T _03050)( I ): ❑ 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 separationsaltematives found in 15A NCAC 02T .03051Q & ;}? 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) 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 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, HOW, 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(0 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 webpase 2. Does this project comply with the minimum separation requirements for water mains? ® Yes ❑ No ❑ MA > If no, please refer to I5A 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 lithe 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 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 I5A NCAC 02T.0105jc)(i) (additional permits'certifications)? ® Yes ❑ No Per 15A NCAC 02T.01051c)(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 021.,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: I. Does the submitted system comply with 15A NCAC 02T, the Minimum Design Criteria for the Permitting. of Pimp Stations and Fierce 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 VarianceiAltemative 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: I, Robert S. Bartlett, PE, attest that this application for 1158 Place Phase I & II Private Sewer Extension (Professional Engineer's name from Application Item I11,1) (Project Name from Application Item 11.1) 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 Pumo 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 1 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. 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 NC 56.0701) North Carolina Professional Engineer's seal, signature, and date: • EJ1 7} ; Z0106 �-1I '•O ; F �CC`'••:y�yNE NL •momiiiiitoo 3. Applicant's Certification per 15A NCAC 02T .0106(b): I, Jennifer D. Scott, Esqx., attest that this application for 1 158 Place Phase I & II Private Sewer Extension (Signature Authority Name from Application Item I.3.) (Project Namc 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 I43-215.6A and 143-2I5.6B, 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. Date: /474771)22 Page 5 of 5 Division of Water Resources State of North Carolina Department of Environmental Quality Division of Water Resources Flow Tracking for Sewer Extension Applications (FTSE 10-18) Entity Requesting Allocation: 1158 Place Owners' Association, Inc. Project Name for which flow is being requested: 1158 Place - Phase 1 & II (Private) More than one FTSE may be required for a single project if the owner of the WWTP is not responsible for alpump stations along the route of the proposed wastewater flow. I. Complete this section only if you are the owner of the wastewater treatment plant. a. WWTP Facility Name: Hominey Creek Water Reclamation Facility b. WWTP Facility Permit #: NC0023906 c. WWTP facility's permitted flow Allflows are in MGD 14.00 d. Estimated obligated flow not yet tributary to the WWTP 0.375 e. WWTP facility's actual avg. flow 9.700 f. Total flow for this specific request g. Total actual and obligated flows to the facility 0.01548 10.09 h. Percent of permitted flow used 72.07 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: Pump Station (Name or Number) Contentnea (A) (B) (C) (D)—(B+C) (E)—(A-D) Design Average Approx. Obligated, Total Pump Daily Current Not Yet Current Flow Station Firm Flow** Avg. Daily Tributary Plus Permit Capacity, * (Firm! pf), Flow, Daily Flow, Obligated No. MGD MGD MGD MGD Flow #36001 4.320 1.728 1.06 0.211 1.286 Southside #36000 6.264 2.506 1.73 0.211 Available Capacity*** 0.442 1.956 0.549 * 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): City of Wilson Downstream Permit Number: WQCS00021 Page 1 of 6 FTSE 10-18 III. Certification Statement: I Kyle F. Manning, PE 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. Signing Official Signature CrV. ti n ineQ[ Title of Signing Official Page 2 of 6 Date FTSE 10-18 UNITED STATES RTMENT OF THE INTERIOR GEOLOGICAL SURVEY 230 R4IEIGIV 32 /41. SIMS 5 MI 132 57'3Cr /3 •!Tz! 0 " 0 •-21' 4.4411. 4° 4 j .•-- 41 , 43' . • /i / oar _ '.i ''CL7n .b4I.I. .1 C I'Inie 2262. I; ea 11 1. • 1 I.. 111111 • m•••■•41 4•Fn. • ... ifts .... ',..F '''''S' b= if '-'49zrit„ F-1.-4961/ • ! !rhcs ; * . I n 1 ; n rt n u w rt. n a 1 - - a 4 a 1 II . f . .....,.._ 1,,C4in • ., . ; Il Mille- .1 - • , .• to '..Greentleld ? a Rah ev• I i 1 and 4/ I # 4 : d 4 i. . ... 4 /Asa, .../# .I. \,1 • , . . - . _ ._ _. 1• .r i VA • Jo' STATI DEPARTM AND( RAI Gravel 5N-7- ro I. a a 3 !,•;•it'atterson .Chapel * !▪ ! 111 Vempla Ch • l•-• • ! ••1. -Fr vviison Vounty Vim ,..� • W Worm... r nen [�� limit ■ m ... M+eq W.w glr+.1 �L :� w.+h• rr .hm c..q ar.o. l ir.im !tall. 4.r,11••. la. .41 61W111 own Me...q el WEJ..w•. 1.•.•,r. Or 1 ., ph.r.• r r •� mien Oa Ma WI ri rrr OrM W wrr.(r� 11111.B .11�. r 04Vwl1 is :rrrfwG . ��e�a •s.rw.sesr..i.ai h. Owner: PIN: Deed Reference: Deed Acres: Rail Roads Names PIN DeedRef DeedAcres Tax Parcels Surrounding Counties ow IN . r "► *~lei 4r ram, rtom Z F1717/7VMSTritAtqami 417; 1CA7/07K el; 4110. Sifeeta �ifniw a+rat.,..l'l(h:.11il:Fill r ` + Ii0DDi#7li rlioc. it rift .�r ... j�r.. °Va.%1..h11.1: r \R Oit April 25, 2022 --- AtrPatc Rswith nrn Rocarvinr Wilson County Parcel Report PIN: 3702-47-7219.000 Parcel Number: 3702477219.000 Current Owner ID: Physical Address. Owner & Address: Date Sold: 1619136000000 Deed Reference. 2892 - 263 Deed Year: 2021 Plat Reference: 43 8 Deed Acres: Actual Year Built: Effective Year Built: Main Improvement Finished Area: Tax Year: Assessed Current Land Value: $0 Assessed Current Improvement Value. $0 Total Assessed Current Value: $0 Current Land Use Yes or No: $0 Current Land Use Value. $0 Current Land Fair Market Value. $0 Current Improvement Fair Market Value: $0 Current Total Fair Market Value: $0 Grantor: Previous ParcelNumber: Previous Deed Reference. Plat Book/Page: 43-8 Legal Description: Sales Amount: $875.000 Sales Instrument: Sales Instrument Descript-on: Sales Disqualifaction Code. Sales Disqualifaction Code Description Date Sold: 20210423 Vacant Improved Code: Land Current Usage Code. Land Rate: Fair Market Value Land Rate Code: Parcel Description Code 1 Parcel Description Code 2 Multiple Land Segments. GIS Calculated Acres 41.08 of Selected Polygon. Quantity: Road Frontage: i Current Use Code Main Improvement: Main Improvement Decription Code: Main Improvement Description: Construction Quality Grade Decription Code Depreciation Table Number of Bedrooms: Number of Full Bathrooms: Number of Half Bathrooms: HVAC: Fireplace Yes or No Basement Yes or No: Attached Garage Yes or No Percent of Construction Complete Number of Improvements: Neighborhood Code City: Tax District: Township: Area: Vicinity Map - SF aka Orthophotography Map Wilson County Parcel Report PIN: 3702-47-9494.000 Parcel Number: 3702479494.01 Current Owner ID: 1104864 Physical Address: AIRPORT BLVD W DOCREYN LLC Owner & Address: ATTN: REYNOLDS WILLIAMS 248 W EVANS ST Date Sold: Deed Reference: 2743 - 461 Deed Year: 2021 Plat Reference: - Deed Acres: 1.46 Actual Year Built: Effective Year Built: Main Improvement Finished Area: Tax Year: 2021 Assessed Current Land Value: $107,460 Assessed Current $0 Improvement Value: Total Assessed Current Value: $107,460 Current Land Use Yes or No: Current Land Use Value: $107,460 Current Land $107,460 Fair Market Value: Current Improvement Fair Market Value: $0 Current Total Fair Market Value: $107,460 Grantor: Previous ParcelNumber: 3702479494.000 Previous Deed Reference: Plat Book/Page: 43-8 Legal Description: AIRPORT BLVD W 1.46AC=CITY TOTAL=59.75AC Sales Amount: $0 Sales Instrument: Sales Instrument Description: Sales Disqualifaction Code: Sales Disqualifaction Code Description: Date Sold: Vacant Improved Code: Land Current Usage Code: Land Rate: AC - ACRES Fair Market Value Land Rate Code: 0700 Parcel Description Code 1: 10 - COMMERICAL Parcel Description Code 2: 00 - VACANT Multiple Land Segments: GIS Calculated Acres of Selected Polygon: Quantity: Road Frontage: Current Use Code Main Improvement: Main Improvement Decription Code: Main Improvement Description: Construction Quality Grade Decription Code: Depreciation Table: Number of Bedrooms: Number of Full Bathrooms: Number of Half Bathrooms: HVAC: Fireplace Yes or No: Basement Yes or No: Attached Garage Yes or No: Percent of Construction Complete: Number of Improvements: Neighborhood Code: City: Tax District: Township: Area: Vicinity Map Orthophotography Map 0.87 1.46 181.3 - VACANT - - SF N - N - N - 000 8244 - RALEIGH_ROAD PKWY_B-4 WLSN - WILSON 31 - C/CIWI-WILSON 1 - WILSON TOWNSHIP 34 - MKT ZONE-WILSON COUNTY W BARTLETT ENGINEERING & SURVEYING, PC 1906 Nash Street North Wilson, NC 27893-1726 Phone: (252) 399-0704 Fax: (252) 399-0804 www.bartlett.us.com May 9, 2022 State of North Carolina Department of Environment and Natural Resources Division of Water Quality d Raleigh Regional Office P,oe 3800 Barrett Drive °� Raleigh, North Carolina 27609 9� ,y�°*4,1 Reference: Fast Track Application for Gravity Sewers Private Sewer Extension fro �i P4`�/ 1158 Place r� Airport Blvd. �f0r Wilson, North Carolina ce To Whom It May Concern: Enclosed for your review and approval are two (2) copies of the following items related to the above referenced project: • Fast Track Application for Gravity Sewers • Engineering Report • Flow Tracking / Acceptance Form • USGS Topographic Map • Feature Report • GIS Aerial Location Map • HOA Articles of Incorporation • Developer's Operational Agreement • HOA Operational Agreement Also enclosed is the $480.00 sewer permit application fee. Should you have any questions or require further information during your review, please let us know. Project Manager Enclosures P' PROJECT 1ILFS' 1158 P1ace'.Permuts,Sewer DEQ\Pnvatc521-007 NCDEiNR Pnv Sew Cover Letter doc NORTH CAROLINA Department of the Secretary of State To all whom these presents shall come, Greetings: I, ELAINE F. MARSHALL, Secretary of State of the State of North Carolina, do hereby certify the following and hereto attached to be a true copy of ARTICLES OF INCORPORATION OF 1158 PLACE OWNERS' ASSOCIATION, INC. the original of which was filed in this office on the 14th day of July, 2021. S. `{i -• ?; Scan to verify online. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal at the City of Raleigh, this 14th day of July, 2021. d7,40,t, J Certification C202119402098-1 Reference# C202119402098-1 Page: 1 of 4 Verify this certificate online at https://www.sosnc.govlverification Secretary of State State of North Carolina Department of the Secretary of State ARTICLES OF INCORPORATION NONPROFIT CORPORATION SOSID: 2232407 Date Filed: 7/14/2021 8:19:00 AM Elaine F. Marshall North Carolina Secretary of State C2021 194 02098 Pursuant to §55A 2-02 of the General Statutes of North Carolina, the undersigned corporation does hereby submit these Articles of Incorporation for the purpose of forming a nonprofit corporation. 1. The name of the nonprofit corporation is: 1158 Place Owners' Association, Inc. 2.0 (Check only ifapplicable.) The corporation is a charitable or religious corporation as defined in NCGS §55A- I -40(4). 3. The name of the initial registered agent is: Pinnacle Resource Group, Inc. 4. The street address and county of the initial registered agent's office of the corporation is: Number and Street: 1300 Hodges St. City: Raleigh State: NC Zip Code: 27609 County: Wake The mailing address if different from the street address of the initial registered agent's office is: Number and Street or PO Box: PO Box 859 City: Wake Forest State:. NC Zip Code: 27588 County: Wake 5. The name and address of each incorporator is as follows: Name Jennifer D. Scott, Esqx. Address 575 Military Cutoff Rd. Ste. 106 Wilmington NC 28405 6_ (Check either "a" or "b" below.) apfhe corporation will have members. b 0 he corporation will not have members. 7. Attached are provisions regarding the distribution of the corporation's assets upon its dissolution. 8, Any other provisions which the corporation elects to include are attached. BUSINESS REGISTRATION DIVISION P. O. BOX 29622 RALEIGH, NC 27626.0622 (Revised August. 2017) Form N-01 r ..1a...n.:....A !'11►1110AA1fLA0 1 n.s....,,..,,,,# /'10111fl4fl A110 tinter,.. '1 ..r w 9. The street address and county of the principal office of the corporation is: 10. ( Principal Office Telephone Number: 919.874.5050 Number and Street: 1300 Hodges St. City: Raleigh State: NC Zip Code: 27609 County: Wake The mailing address if different from the street address of the principal office is: Number and Street or PO Box: PO Box 859 City: Wake Forest State: NC Zip Code: 27588 County: Wake Optional): Listing of Officers (See instructions for why this is important) Name Address Title 11. (Optional): Please provide a business e-mail address The Secretary of State's Office wilt e-mail the business automatically at the address provided at no charge when a document is filed. The e-mail provided will not be viewable on the website. For more information on why this service is being offered, please see the instructions for this document. Privacy Redaction 12. These articles will be effective upon fling, unless a future time and/or date is specified: This is the / 3th day ofJ u ly ,202 1. 1158 Place owners' Association, Inc. 4 / rydb ;nnife( /7 , for Business Entity Name azure ofIncorporator cott, Esqx., Incorporator Type or print Incorporator's name and title, ifany NOTES: 1. Filing fee is $60. This document must be filed with the Secretary of State. BUSINESS REGISTRATION DIVISION P. O. BOX 29622 (Revised August, 2017) RALEIGH, NC 27626-0622 Form N-01 I dviA00 n r _ L !"9(191 40.f0'IOAO n . o o ■ Attachment to Articles of Incorporation of 1158 Place Owners' Association, Inc. The Association may be dissolved only upon the signed written assent of members entitled to at least eighty percent (80%) of the votes of the Association. Upon dissolution, other than incident to a merger or consolidation, the assets of the Association shall be dedicated to an appropriate public agency to be used for purposes of similar to those for which the Association was created. In the event that such dedication is not accepted, such assets shall be granted, conveyed and assigned to any non-profit corporation, association, trust or other organization devoted to similar purposes. Notwithstanding anything herein to the contrary, the Common Property shall be preserved to the perpetual benefit of the owners of Lots within the subdivision and shall not be conveyed except to the County of Wilson or to any other non-profit corporation organized for similar purposes. /+a..�r..- . r 1'........11 r,n, 11n..A^* fin n- - . - � . STATE OF NORTH CAROLINA COUNTY OF Permit No. DEVELOPER'S OPERATIONAL AGREEMENT This AGREEMENT made pursuant to G.S. 143-215.1 (di) 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 RBV 1158, LLC , a corporationigeneral 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 Wilson County, upon which it is erecting and will erect dwelling units and other improvements, said development to be known as 1158 Place - Phase I & II (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, 1158 Place Owners' Association, Inc. (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: 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 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 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. rnn 11 A. nr1,r Al 1A 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 andlor 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 RBV 1158, LLC MANAGEMENT COMMISSION S. Daniel Smith Director, Division of Water Resources Name of DEVELOPER (Signature) Rex Vick Jr. - President (Date) Print Name and Title N5AfrZ2. (Date) I CU) k A. rl r 7 Al 1 o FL.... . STATE OF NORTH CAROLINA COUNTY OF Permit No. HOME/PROPERTY OWNERS' OPERATIONAL AGREEMENT This AGREEMENT made pursuant to G.S. 143-215.1 (di) 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 1158 Place Owners' Association, Inc. , a non-profit corporation organized and existing under and by virtue of the laws of the State of North Carolina, hereinafter known as the ASSOCIATION. WITNESSETH: 1. The ASSOCIATION was formed for the purpose, among others, of handling the property, affairs and business of the development known as 1158 Place - Phase I & II (hereinafter the Development); of operating, maintaining, re -constructing and repairing the common elements of the lands and improvements subject to unit ownership, including the wastewater collection system with pumps, wastewater treatment works, and/or disposal facilities (hereinafter Disposal System); and of collecting dues and assessment to provide funds for such operation, maintenance, re -construction and repair. 2. The ASSOCIATION desires, to construct and/or operate a Disposal System to provide sanitary sewage disposal to serve the Development on said lands. 3. The ASSOCIATION has applied to the COMMISSION for the issuance of a permit pursuant to G.S. 143- 215.1 to construct, maintain, and/or operate the Disposal System. 4. The Development was created subject to unit ownership in the dwellings units, other improvements and lands through filing of a Declaration of Unit Ownership (hereinafter Declaration), pursuant to Chapter47C or 47F of the North Carolina General Statutes. 5. The COMMISSION desires to assure that the Disposal System of the Development is properly constructed, maintained and operated in accordance with law and permit provisions in order to protect the quality of the waters of the State and the public interest therein. NOW, THEREFORE, in consideration of the promises and the benefits to be derived by each of the parties hereto, the COMMISSION and ASSOCIATION do hereby mutually agree as follows: 1. The ASSOCIATION shall construct the Disposal System and/or make any additions or modifications to the Disposal System in accordance with the permit and plans and specifications hereafter issued and approved by the COMMISSION, and shall thereafter properly operate and maintain such systems and facilities in accordance with applicable permit provisions and law. 2 The ASSOCIATION shall provide in the Declaration and Association Bylaws that the Disposal System and appurtenances thereto are part of the common elements and shall thereafter be 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. FORM: HOA 03-19 Page 1 of 2 3. The ASSOCIATION shall provide in the Declaration and Association Bylaws that the Disposal System will be maintained out of the common expenses. In order to assure that there shall be funds readily available to repair, maintain, or construct the Disposal System beyond the routine operation and maintenance expenses, the Declaration and Association Bylaws shall provide that a fund be created out of the common expenses. Such fund shall be separate from the routine maintenance fund allocated for the facility and shall be part of the yearly budget. 4. In the event the common expense allocation and separate fund(s) are not adequate for the construction, repair, and maintenance of the Disposal System, the Declaration and Association Bylaws shall provide for special assessments to cover such necessary costs. There shall be no limit on the amount of such assessments, and the Declaration and Bylaws shall be provided such that special assessments can be made as necessary at any time. 5. If a wastewater collection system and wastewater treatment and/or disposal facility provided by any city, town, village, county, water and sewer authorities, or other unit of government shall hereinafter become available to serve the Development. the ASSOCIATION shall take such action as is necessary to cause the existing and future wastewater of the Development to be accepted and discharged into said governmental system, and shall convey or transfer as much of the Disposal System and such necessary easements as the governmental unit mayrequire as condition of accepting the Development's wastewater. 6. Recognizing that it would be contrary to the public interest and to the public health, safety and welfare for the ASSOCIATION to enter into voluntary dissolution without having made adequate provision for the continued proper maintenance, repair and operation of its Disposal System, the ASSOCIATION shall provide in the ASSOCIATION Bylaws that the ASSOCIATION shall not enter into voluntary dissolution without first having transferred its said system and facilities to some person, corporation or other entity acceptable to and approved by the COMMISSION by the issuance of a permit. 7. The ASSOCIATION shall not transfer, convey, assign or otherwise relinquish or release its responsibility for the operation and maintenance of its Disposal System until a permit has been reissued to the ASSOCIATION'S successor. 8. The agreements set forth in numbered paragraphs 1, 2, 3, 4, 5, 6, and 7 above shall be conditions of any permit issued by the COMMISSION to the ASSOCIATION for the construction, maintenance, repair and operation of the Disposal System. 9. A copy of this agreement shall be filed at the Register of Deeds in the County(ies) where the Declaration is filed and in the offices of the Secretary of State of North Carolina with the Articles of Incorporation of the Association. IN WITNESS WHEREOF, this agreement was executed in duplicate originals by the duly authorized representative of the parties hereto on the day and year written as indicated by each of the parties named below: FOR THE ENVIRONMENTAL 1158 Place Owners' Association, Inc. MANAGEMENT COMMISSION Nam B S. Daniel Smith (Si Director, Division of Water Resources (Date) CIATION nnifer D. Scott, Esqx. - Incorporator Print Name and Title FORM: HOA 03-19 Page 2 of 2 (Date)