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HomeMy WebLinkAboutWQ0043973_Application (FTSE)_20221114NC Dept of Environmental Quality State of North Carolina Department of Environmental Quality DWR Division of Water Resources NOV 14 2W FAST TRACK SEWER SYSTEM EXTENSION APPLICATION Divlsion of Water Resources FTA 06-21 & SUPPORTING DOCUMENTATION Application Number: U/0 004h3g Z3 (to be completed by DwR) All items must be com leted or the application will be returned I. APPLICANT INFORMATION: 1. Applicant's name: WakeMed (company, municipality, HOA, utility, etc.) 2. Applicant type: ❑ Individual ® Corporation ❑ General Partnership ❑ Federal ❑ State/County ❑ Municipal 3. Signature authority's name: Tom Cavender per .15A NCAC 02T _0106fb1 Title: Vice President 4. Applicant's mailing address: 3000 New Bern Ave City: Raleigh State: NC Zip: 27610-1231 5. Applicant's contact information: Phone number: (219) 350-8098 Email Address: tcavender@wakemed.or II. PROJECT INFORMATION: ❑ Privately -Owned Public Utility ❑ Other 1. Project name: WakeMed MOB Fuguay-Varina 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: Wake 4. Approximate Coordinates (Decimal Degrees): Latitude: 35.6062 Longitude:-78,7435 ' 5. Parcel ID (if applicable): (or Parcel ID to closest downstream sewer) III. CONSULTANT INFORMATION: 1. Professional Engineer: Roy P. Lorenzen License Number: 15834 Firm: Stewart, Inc Mailing address: 223 S West St, Suite 1100 City: Raleigh State: NC Zip: 27603-4093 Phone number: (919) 380-8750 Email Address:.RLorenzen@stewartinc.com IV, WASTEWATER TREATMENT FACILITY (WWTF) INFORMATION: I. Facility Name: Terrible Creek WWTP Permit Number: NCO066516 Owner Name: Town of Fuguay-Varina V. RECEIVING DOWNSTREAM SEWER INFORMATION: 1. Permit Number(s): WQ unknown 2. Downstream (Receiving) Sewer Information: 16 inch l J Gravity ® Force Main 3. System Wide Collection System Permit Number(s) (if applicable): WQCS00193 Owner Name(s): Town of Fuauay-Varina 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 ® NIA 2. If the Applicant is a Developer of lots to be sold, has a Developer's Operational Agreement (FORM: DEVI been attached? ❑ Yes ❑ No ® N/A 3. If the Applicant is a Home/Property Owners' Association, has an HOA/POA Operational Agreement 1F0K%4: HOA) and supplementary documentation as required by 15A NCAC 02T.0115(c) been attached? ❑ Yes ❑ No ® N/A 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 / veterinary facilities ❑ Swimming Pool/Clubhouse ❑ Food and drink facilities ❑ Church ❑ Swimming Pool/Filter Backwash ❑ Businesses / offices / factories ❑ Nursing Home ❑ Other (Explain in Attachment) 5. Nature of wastewater: 100 % Domestic % Commercial % Industrial f.See 15A NCAC 02T .0103(20)) If Industrial, is there a Pretreatment Program in effect? ❑ Yes ❑ No 6. Hasa flow reduction been approved under ! SA NCAC 02T _01141f)? ❑ 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 Y,b No. of Units Flow Building l & Future Building - Staff 250 gal/day/person 346 86,500 GPD Building l & Future Building - Patients 60 gat/day/person 266 15,960 GPD gal/ GPD gal/ GPD gal/ GPD gal/ GPD Total 102,460 GPD a See I *A NCAC 02T .0114(b), (d). (e)(1) and (c)(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 cast of the Atlantic Intracoastal Waterway to be used as vacation rentals as defined in G.S. 42 A-4). b Per 15A NCAC 02T .01 14(c), design flow rates for establishments not identified [in table 15A NCAC U2T.01141 shall be determined using available flow data, water using fixtures, occupancy or operation patterns, and other measured data. 8. Wastewater generated by project: 102,460 GPD (per t JA 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: FIFA 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 8 750 PVC ➢ Section Il & 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: WakeMed-FV 2. Approximate Coordinates (Decimal Degrees): Latitude: 35.6062 Longitude:-78.7435:' 3. Total number of pumps at the pump station: 2 3. Design flow of the pump station: 0.72 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): 557 gallons per minute (GPM) at 45 feet total dynamic head (TDH) 5. Summarize the force main to be permitted (for this Pump Station): Size (inches) Length (feet) Material 6 140 PVC 8 760 HDPE 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.I.b. ❑ Grinder Pump ❑ Mechanical Bar Screen ❑ Other (please specify) 6. Power reliability in accordance with 15A NCAC 02T .l}305fh)f 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) & ( " ® 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-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.0305tf) or ta), 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 NU Surface Water Classifications wcbpW 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 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 15A NCAC 02T.0105(cX6) (additional permits/certifications)? ® Yes ❑ No Per I.S.-k NCAC D2T,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.). 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 permitiee 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 Puntp Stations a F CC Mains {latent version). and the Gravity Sewer Minimum Design Criteria (latest version) as applicable? R Yes n 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 ro•ects reguiring 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 proiect, the full technical review is required. 2. Professional Engineer's Certification: 1, Roy P Lorenzen , attest that this application for WakeMed MOB Fuquay Varina (Professional Engineer's name from Application Item I11.1.1 (Project Name from Application Item IL 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 Gravity Sewers (latest version), and the Mirtimum Design Criteria for the I-ast-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 143-215.613, 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: \���(N CARp��%,� L = 0 5834 11,1, 27 q. ,Q' FiyG 1 �E� •';���'' 3. Applicant's Certification per 15A NCAC 02T .0106(b): 1, Tom Cavender , attest that this application for WakeMed MOB - Fuquay Varina (Signature Authority Name from Application Itcm 1.3.) (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. 1 understand that if all required parts of this application are not completed and that if all required supporting documentation and attachments are not included, this application package is subject to being returned as incomplete. I understand that any discharge of wastewater from this non -discharge system to surface waters or the land will result in an immediate enforcement action that may include civil penalties, injunctive relief, and/or criminal prosecution. I will make no claim against the Division of Water Resources should a condition of this permit be violated. I also understand that if all required parts of this application package are not completed and that if all required supporting information and attachments are not included, this application package will be returned to me as incomplete. NOTE In accordance with General Statutes 143 215.6A and 143 215.6B, any person who knowingly makes any false statement, representation, or certification in any application package shall be guilty of a Class 2 misdemeanor, which may include a fine not to exceed $10,000 as well as civil penalties up to $25,000 per violation. Signature: _ - Date: FORM: FTA 06-21 Pagc 5 of 5 NC Dept of Environmental Quality State of North Carolina Department of Environmental Quality DWR NOV 14 2022 Division of Water Resources Dlvislon of Water Resources Flow Tracking for Sewer Extension Applications Raleigh Regional OffiCe (FTSE 10-18) Entity Requesting Allocation: Town of Fuquay-Varina Project Name for which flow is being requested: WakeMed MOB - Fuquay-Varina More than one FTSE pray be required for a single project if the owner of Ilse WWTP is not responsible for 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: Terrible CreekWWTP b. WWTP Facility Permit #: NCO066516 All flows are in MGD c. WWTP facility's permitted flow 3.000 d. Estimated obligated flow not yet tributary to the WWTP 1.212 e. WWTP facility's actual avg. flow 1.290 f. Total flow for this specific request 0.102 g. Total actual and obligated flows to the facility 2.442 h. Percent of permitted flow used 83.4% 11. 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 Pius (Name or Permit Capacity, * (Firm pfl, 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); Terrible Creek WWTP Downstream Permit Number: NCO066516 Page l of 6 FTSE 10-18 I11. Certification Statement: 1 Michael Wagner 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 11 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 Off cial Public Utilities Director Title of Signing Official 11108/2022 Date Page 2 of 6 FTSE 10-18 Engineering ASSDeI4StJ[n�tronmental Quali tiY 09-Nov-2022 NCDEQ/RRO Water Quality Section 3800 Barrett Dr Raleigh INC 27609 NOV 14 M Raleigh Regional Office In Re: Application Package — FTSE WakeMed MOB — Fuquay Varina post office box 1990 leland, nc 28451-1990 ph: 252,393.8562 ncbels firm: P-0432 via UPS Overnight Please find, herewith, original and copy set, in order of appearance: 1. Fast Track Application Application (FTA) 2. Flow Tracking for Sewer Extension Application (FTSE) 3. Our check 012049 for $ 480 application fee, payable to NCDEQ 4. Articles for Incorporation for WakeMed (Applicant) 5. Location Map — Excerpt of USGS Quad 6. Location Map -- Excerpt of Fuquay Varina GIS Map For Approval and in request of Permit to Construct facilities described in the following: WakeMed proposes to construct gravity sanitary sewer collection system, sanitary sewer pumping station and forcemain to serve the first of two buildings to be constructed on a site located on the south side of US410 in northern Fuquay-Varina, Wake County, NC. The facilities will be privately owned and maintained by WakeMed. Design of the gravity and force mains has been designed by Stewart, Inc (Roy Lorenzen, PE) the primary civil engineering consultant on the project, the pump station design is by the below signed. The pump station design conforms to all applicable requirements of Title 15A NCAC 02T, and includes: precast concrete wetwell, influent grinder, duplex solids handling pumps, controls, telemetry, stationary standby power with automatic transfer switch, security fencing, site work and ancillary facilities. The pumps are controlled by dual variable frequency drives to provide operating flexibility to address changes in flow trends over time. The pump station and all associated work is to be constructed on a single site also to contain the Medical Office Buildings. The forcemain from the pump station is proposed to connect to an existing 16-inch forcemain located in the right-of-way of US401, which connects to the Terrible Creek Interceptor sewer a short distance upstream from the Terrible Creek WWTP. All facilities downstream of the connection of the proposed forcemain, including the existing 16-inch forcemain and interceptor sewer have sufficient capacity and are owned and maintained by the Town of Fuquay-Varina. Your kind attention to this application and issuance of permit is requested and appreciated, so that this valuable facility to the community can proceed with construction. James R. Butler, PE c: Roy Lorenzen, PE \\xi\nas\r\stewart - wakemed fv - 200819\permitting\2022.11.09 transmittal of deq app.doc page 1of 1 { i ., Terrible Cr '# y 350. J/1 �- I I . .t45 I I I i I' I 'I. Q KEN DR_-- ProposeplZump �s ti Station ite o cc /ak'eM,ed AW cc ,T II VVV o SOSID: 0132946 NC Dept of Environmental Quality t Date Filed: 6/2W2019 11:44:00 AM Elaine F. Marshall North Carolina Secretary of State NOV 14 2022 C2019 141 01078 State of North Carolina Raleigh Regional Office Department of the Secretary of State ARTICLES OF RESTATEMENT FOR NONPROFIT CORPORATION Pursuant to §55A-10-06 of the General Statutes of North Carolina, the undersigned corporation hereby submits the following for the purpose of restating its Articles of Incorporation. 1. The name of the corporation is: WakeMed 2. The text of the Restated Articles of Incorporation is attached. 3. (Check a, b, c. andlor d, as applicable.) a. _a These Restated Articles of Incorporation were adopted by the board of directors and do not contain an amendment. b. These Restated Articles of Incorporation were adopted by the board of directors and contain an amendment not requiring member approval. (Set forth a brief explanation of why member approval was not required for such amendment.) C. nThese Restated Articles of Incorporation contain an amendment requiring member approval, and member approval was obtained as required by Chapter 55A of the North Carolina General Statutes. d. L►a1 These Restated Articles of Incorporation contain an amendment requiring approval by a person whose approval is required pursuant to N.C.G.S. §55A-10-30, and such approval was obtained. 4. These articles will be effective upon filing, unless a delayed date and/or time is specified: This the 81h day of May .2019 . WakeMed Name Corporation gna ur I airne Oxhoim, Assist a General Counsel Type or Print Name and Title Notes: I . Filing fee is S 10, unless the Restated Articles of Incorporation include an amendment, in which case the filing fee is $25. 2. This document must be filed with the Secretary of State. BUSMSS REGISTRATION DIVISION P.0 BOX 29622 Raleigh, NC 27626-0622 (Revised August 2017) Form N43 i I RESTATED ARTICLES OF INCORPORATION OF W AKEMED WHEREAS, the articles of incorporation of WakeMed were originally filed on September 9, 1965 as thereafter amended from time to time, restated on March 6, 1997, and further amended in part on February 23, 1998; and WHEREAS, the WakeMed Board of Directors and the Board of Commissioners for the County of Wake approved another amendment to the restated articles of incorporation; and WHEREAS, the WakeMed Board of Directors has determined that it is in its best interest to restate its articles of incorporation; NOW, THEREFORE, pursuant to Section 55A-10-06 of the General Statutes of North Carolina, the undersigned does hereby submit these Restated Articles of Incorporation and to that end does hereby set forth: (1) The name of the corporation is WakeMed. (2) Attached hereto as Exhibit A is the text of the restated Articles of Incorporation of the corporation. (3) The restated Articles of Incorporation contain amendments to the Articles of Incorporation. The amendments were approved by the Board of Directors in accordance with §55A-10-02(b) on May 7, 2019. The corporation has no members. The Board of Commissioners for the County of Wake approved the amendments on March 18, 2019. (4) These articles will be effective upon filing. This the 8 day of May, 20:9. WAKEMED EXH111311T A TEXT OF AMENDED AND RESTATED ARTICLES OF INCORPORATION OF WAKEMED ARTICLE I The name of the corporation is WakeMed ARTICLE II The duration of the corporation shall be perpetual. ARTICLE. III The purposes for which the corporation is organized are: (a) To lease, establish, maintain, own, and operate hospitals, including community general hospitals, clinics, nursing homes, and other health -related facilities and programs to provide for the care and treatment of persons suffering from illnesses, injuries, or disabilities which require health care. (b) To supply modern equipment and facilities to aid in the diagnosis and treatment of disease, and to furnish to the staff of physicians and surgeons who practice in its hospitals an opportunity to offer to their patients, quickly and economically, the sum of their combined skill and experience. (c) To furnish to the said staff of physicians and surgeons the use of such physical equipment for the practice of their profession as will enable them with minimum hardship to give their best efforts without compensation to those unable to pay for their services, as well as to facilitate them in their service to patients who are able to pay. (d) To furnish the equipment and organization for the instruction and training of doctors, nurses, and technicians for alleviation of disease, and to grant diplomas or certificates in connection with such instruction or training. (e) To carry on any educational activities related to the care of the sick and disabled and the promotion of health and preventive medicine, which, in the opinion of the Board of Directors, may be justified by the facilities, personnel, funds, or other resources that are, or can be made available. (f) To aid as far as practicable in the instruction and promotion of research and scientific investigation in all branches of medicine and surgery. (g) To participate, so far as circumstances may warrant, in any activity designed and carried on to promote the general health of the community. (h) To appoint Medical Staff(s) composed of such physicians and surgeons as may be recommended by the Medical Staff(s), who, in the judgment of the Board of Directors, are properly qualified to conduct the professional work of the hospital, and including trained and experienced technicians, and to promulgate suitable rules governing the conduct of all physicians, surgeons, and technicians who are permitted to practice in said hospital. (i) To use the revenues of the corporation and its net earnings, if any, for the purposes for which this corporation is organized. U) To accept, to acquire, and to solicit by gift, devise, bequest, or otherwise, donations, money and property of every kind, nature and description, from any person, firm or corporation, including any municipality, county, state or the United States of America, and to hold, to manage, to administer, to use and to invest such money and property and to apply the principal or interest as may be directed by the donor, or as the Board of Directors of the corporation may determine in the absence of such direction. (k) To purchase, to lease, to rent and to direct ambulances and ambulance equipment and accessories and to employ and to train personnel in the operation and maintenance of the game. (1) To operate, to contract for, to supervise, to direct, to negotiate and to control the operation or operations of an ambulance service. (m) To make contracts and incur liabilities, borrow money, issue its notes, bonds, tax exempt bonds, commercial paper, medium term notes, capital and operating leases, and other obligations, and secure any of its obligations by mortgage or pledge of all or any of its property, franchises, and income as the Board of Directors shall direct. (n) To buy, to sell, to mortgage, to encumber, to pledge, or otherwise own or dispose of all types of properties, including real and personal and to improve real property. (o) To engage in any lawful act or activity, for which corporations may be organized under Chapter 55A of the North Carolina General Statutes as it currently exists or as it may hereafter be amended; provided however, that the corporation shall not knowingly engage in any activity which would result in the revocation of its exemption from taxation under §541(c)(3) of the Internal Revenue Code of 1986 or the corresponding provisions of any future United States Internal Revenue law. 3 ARTICLE IV The corporation shall have no members. ARTICLE V The corporation shall not have or issue capital stock and shall be operated without profit to any Director, officer or any other individual, and no part of the net earnings shall inure, or may lawfully inure, to the benefit of any Director, officer or any other individual. No Director shall receive compensation for his or her service as a Director, but shall be entitled to reasonable reimbursement for expenses incurred in connection with the performance of his or her duties as a Director. An affirmative vote of twelve of the fourteen members of the Board of Directors of the corporation in office shall be required in order to dissolve or liquidate the corporation. In the event of the dissolution or liquidation of the corporation, after paying or adequately providing for the debts and obligations of the corporation, the Board of Directors shall donate, transfer, deliver and convey all of its moneys, properties, and other assets: (a) to any successor organization having purposes which are similar to the existing corporation's purposes, provided that the successor organization is exempt from taxation under §501(c)(3) of the Internal Revenue Code of 1986 or the corresponding provisions of any future United States Internal Revenue law and the successor corporation and the donation, transfer, delivery and conveyance to it are approved in writing by the Wake County Board of Commissioners; or (b) if there is no successor corporation, then to the County of Wake, to be used by said county exclusively for the accomplishments of the purposes for which the corporation was formed. ARTICLE VI The affairs of the corporation shall be managed by the Board of Directors. All members of the Board of Directors appointed by the Wake County Board of Commissioners shall be citizens and residents of Wake County and at least twenty-one years of age. The number of directors shall be fourteen. Eight of the fourteen directors shall be appointed by the Wake County Board of Commissioners. Six of the directors shall be elected by the Board of Directors after nomination by the directors not appointed by the Wake County Board of Commissioners. With the exception of terms for which expiration dates are set forth hereinafter, all appointments or elections to the Board of Directors shall be for a period of five (5) years and no person shall be appointed or elected to the Board of Directors for a term if, upon completion of that term, such person would have been a director for longer than twelve (12) years. This twelve (12) year limitation is a lifetime maximum for years of service on the Board, including years of service on the Board prior to the effective date of the restatement of these Articles, but may be waived by the Wake County Board of Commissioners for any of the fourteen directors upon request by a majority of the Board of Directors for persons who have been off the Board for at least two years immediately prior to their subsequent appointment or election. 4 The current directors (as of restatement), their seat numbers for future reference, the length of their current terms and which entity appoints or elects their successors are as follows- No./Directors Term Commencement Appointing/ & Expiration Electing Enti 1. James Anthony Penry 5/25/17 -- 5/25/22 County 2. Robert A. Cerwin, M.D. 10/5/10—10/5/15 County 10/6/15 — 5/25/20 3. A. Blanton Godfrey, Ph.D. 3/06/12 — 5/25/12** Bd. of Directors 5/25/12 — 5/25/17 5/25/17 — 5/25/22 4. Willy E. Stewart 7/06/15 -- 5/25/18** County 5/26/18 — 5/25/23 5. Thad L. McDonald, M.D, 10/02/18 — 5/25/23 Bd. of Directors 6. Stephen M. Smith 5/25/14 — 5/25/19 County 7. Brenda C. Gibson 5/25/09 — 5/25/14 Bd. of Directors 5/25/14 — 5/25/19 8. Henry L. Darnell 6/03/14 — 5/25/19 Bd. of Directors 9, Sonia M. Barnes 5/25117 — 5/25/20** County 10. Robert C. Rice, Jr. 5/25/15 — 5/25/20 Bd. of Directors 11. R. Donavon Munford, Jr. 1/22/13 — 5/25/15** County 5/25/15 — 5/25/20 12. Dan Blue Ili 10/5/15 — 5/25/16** County 5/26/16 --- 5/25/21 13. Vern Davenport 6/02/15 — 5/25/16** Bd. of Directors 5/25/16 — 5/25/21 14. Christina Alvarado Shanahan 5/25/11 — 5125/16 County 5/26/16— 5/25/21 ** Completed unexpired term of another board member. As reflected above, the eight (8) seats which the Wake County Board of Commissioners shall be entitled to appoint hereafter are Seat Numbers 1, 2, 4, 6, 9, 11, 12 and 14. The six (6) seats which the Board of Directors shall be entitled to elect hereafter pursuant to nominations from the nominating committee described above are Seat Numbers 3, 5, 7, 8, 10 and 13. 5 The procedure for the appointment or election of directors shall be as follows: (a) At least sixty (60) days before the expiration of the term of office of any director whose successor is to be appointed by Wake County, the Board of Directors shall notify the Wake County Board of Commissioners of its obligation to appoint a person to fill the term of the retiring director and the date upon which the term of that director shall expire. (b) At least sixty (60) days before the expiration of the term of office of any director whose successor is to be elected by the Board of Directors, a nominating committee consisting only of the six directors not appointed by Wake County shall convene and nominate a candidate to succeed the retiring member. The nominee shall thereafter be elected to the Board by a majority of the corporation's directors in office. In the event a majority vote for a nominee is not reccivcd, then the nominating committee shall reconvene and generate a new nomination under the procedures previously described. These procedures shall be repeated until a nominee of such nominating committee receives a majority vote of the Board of Directors. (c) The choice of any director shall be based upon their fitness for such office. To assure the appointment of a balanced Board and one that reflects the necessary governance expertise for a hospital, the Wake County Board of Commissioners and the nominating committee prior to making their appointments or nominations, shall consult with each other and use their best efforts to ensure adequate citizenry representation, including ethnic diversity, and professional expertise (i.e., minority and geographic representatives, and business representatives from the areas of finance, insurance, construction, and legal, among others). (d) Each director shall serve until his or her successor is appointed or elected as described above. No director shall be removed, except for cause which shall be defined as mental incompetency, bad faith, breach of fiduciary responsibility, violation of the corporation's bylaw on conflicts of interest, absenteeism which is defined as being absent from 40% or more of the Board's regular and special meetings and meetings of committees on which the director is a member during any twelve-month period from June I through May 31 of his or her term, or conviction of any crime involving moral turpitude. A director may be removed for cause from office by a vote of the majority of the members of the Board of Directors in office at a regular or special meeting provided that Notice of Intent to Remove has been delivered to the affected director and to the Wake County Board of Commissioners if the director is one of its eight appointees at least ten (10) days prior to the meeting by hand delivery or certified mail, return receipt requested. (e) All vacancies in the membership of the Board of Directors, by reason of death, resignation, removal, or otherwise, shall be filled by appointment or election by the appointing authority responsible to appoint or elect a successor under the procedures hereinabove provided. The term of any director appointed or elected to fill such vacancy shall be for the residue of the unexpired term only. ARTICLE VII I The Board of Directors of the corporation shall have the power to alter, amend and rescind any provision contained in these Articles in the manner now or hereafter prescribed by statute, except as to 6 Articles V, Vl, VII, and IX which may only be amended by an affirmative vote of twelve of the fourteen directors in office and upon the prior, written consent of the Wake county Board of Commissioners. Notwithstanding the foregoing, for so long as the corporation is operated as a 501(c)(3) organization, these Articles shall not be amended so that the corporation may operate for other than charitable, scientific or educational purposes or so that any director or other private individual may participate in the distribution of the earnings, funds or properties of the corporation. The Board of Directors of the corporation shall have power to make, alter, amend and rescind the Bylaws of the corporation by a vote of a majority of the Directors in office at the time; provided, however that in no event shall the Bylaws be inconsistent with these Articles and that in the event of any such inconsistency, these Articles shall control. ARTICLE VIII The address of the registered office of the corporation in North Carolina is the Wake County Hospital System, Inc., 3000 New Bern Avenue, Raleigh, Wake County, North Carolina, and the registered agent is Donald R. Gintzig at the same address. ARTICLE IX An affirmative vote of twelve of the fourteen members of the board of directors of the corporation in office shall be required in order to make monetary contributions or other distributions directly to Wake County government or its Board of Commissioners; provided however, that any amounts to Wake County government or agencies thereof for the purposes of providing health services for indigent citizens related to the fulfillment of the corporation's indigent care obligation as set forth in Section 3 of the Transfer Agreement between the corporation and Wake County shall only require a majority vote of the board of directors. ARTICLE X Except to the extent that the North Carolina General Statutes prohibit such limitation or elimination of liability of Directors for breaches of duty, no Director of the corporation shall have any personal liability arising out of an action whether by or in the right of the corporation or otherwise for monetary damages for breach of any duty as a Director. No amendment to or repeal of this Article X shall apply to or have any effect on the liability or alleged liability of any Director of the corporation for or with respect to any acts or omissions of such Director occurring prior to such amendment or repeal. The provisions of this Article X shall not be deemed to limit or preclude indemnification of a Director by the corporation for any liability that has not been eliminated by the provisions of this article. ARTICLE XI These Articles of Incorporation are intended to restate and replace any previously filed articles of incorporation any amendments thereto. 7