HomeMy WebLinkAboutWQ0043905_Application (FTSE)_20221005State of North Carolina
DWR
Department of Environmental Quality
Division of Water Resources
FAST TRACK SEWER SYSTEM EXTENSION APPLICATION
Dh+lsion of Water Resources FTA 06-21 & SUPPORTING DOCUMENTATION
Application Number: W 0 4b I ffto be completed by DWR)
All items must be completed or the application will be returned
I. APPLICANT INFORMATION:
1. Applicant's name: Aqua North Carolina. Inc. (company, municipality, HOA, utility, etc.)
2. Applicant type: ❑ Individual ❑ Corporation ❑ General Partnership ® Privately -Owned Public Utility
❑ Federal ❑ State/County ❑ Municipal ❑ Other
3. Signature authority's name: Michael Melton per I 5 A NCAC 02T .0106(b)
Title: Engineering Manager
4. Applicant's mailing address: 202 MacKenan Court
City: CAr , State: NC Zip: 2751 l-_
5. Applicant's contact information:
Phone number: (qj9) 467-8712 Email Address: mamelton(&aquaamerica.com
11. PROJECT INFORMATION:
1. Project name: Governors Village Parcel D
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: Chatham
4. Approximate Coordinates (Decimal Degrees): Latitude: 35.8533' Longitude:-79.0239'
5. Parcel ID (if applicable): 19389 (or Parcel ID to closest downstream sewer)
111. CONSULTANT INFORMATION:
1. Professional Engineer: Jeff Foster License Number: 28291
Firm: CE Group, Inc
Mailing address: 301 Glenwood Avenue Suite 220
City: Raleigh State: NC Zip: 27603-
Phone number: (919) 367-8790 x 105 Email Address: ieff ce rou inc.com
IV. WASTEWATER TREATMENT FACILITY (WWTF) INFORMATION:
1. Facility Name: Chatham Water Reclamation Facility Permit Number: NC 00056413
Owner Name: Aqua North Carolina, Inc.
V. RECEIVING DOWNSTREAM SEWER INFORMATION:
1. Permit Number(s): WQ0000866
2. Downstream (Receiving) Sewer Information: 8 inch ® Gravity ❑ Force Main
3. System Wide Collection System Permit Number(s) (if applicable): WQCS DO181
Owner Name(s): Aqua North Carolina, Inc
FORM: FTA 06-21 Page 1 of 5
VI. GENERAL REQUIREMENTS
1. If the Applicant is a Privately -Owned Public Utility, has a Certificate of Public Convenience and Necessity been attached?
® Yes ❑ No ❑ N!A
2. If the Applicant is a Developer of lots to be sold, has a Dev?duncr's Operational ALgreerrrent (!'OE I: DF. ' been attached?
❑ Yes ❑ No ® N/A
3. If the Applicant is a Home/Property Owners' Association, has an HDA.-TOA Operational Agreement (1: (RM: E 10A) 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 1 day care ❑ Medical i dental I veterinary facilities ❑ Swimming Pool/Clubhouse
❑ Food and drink facilities ❑ Church ❑ Swimming Pool/Filter Backwash
® Businesses I offices ! factories ❑ Nursing Home ❑ Other (Explain in Attachment)
5. Nature of wastewater : 15% Domestic 85 % Commercial 0 % Industrial (Sec 15A NC"AC 021' &JQ3E201)
If Industrial, is there a Pretreatment Program in effect? ❑ Yes ❑ No
6. Has a flow reduction been approved under 155A Nf.A{_p 1. 0.1_i.4fti? ❑ 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(t))
Daily Design Flow'""
No. of Units
Flow
Full Service Restaurant
40 gal,`seat
120
4800 GPD
Single Service Restaurant
20 gallseat
120
2400 GPD
Gen Retail (no food service)
100 gall1,000 SF
5500
550 GPD
Gen Office
25 gal?employee
30
750 GPD
gal/
GPD
gal/
GPD
Total
8500 GPD
a See 15.A NCAC 02T .0114tb1, (d). (0 11 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 Q3, 4 A-4).
b Per 15A NCAC 02T .0114(c), design flow rates for establishments not identified [in table 15A NCAC 021.0 E 14] shall be
determined using available flow data, water using fixtures, occupancy or operation patterns, and other measured data.
8. Wastewater generated by project: 0 GPD (per I S�QT .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
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
56
PVC
➢ Section II & III of the MDC for Permitting of Gravity Sewers contains information related to design criteria
➢ Section III contains information related to minimum slopes for gravity sewer(s)
➢ Oversizing lines to meet minimum slope requirements is not allowed and a violation of the MDC
VIII. PUMP STATION DESIGN CRITERIA (If Applicable) — 02T .0305 & MDC (Pump Stations/Force Mains):
PROVIDE A SEPARATE COPY OF THIS PAGE FOR EACH PUMP STATION INCLUDED IN THIS PROJECT
1. Pump station number or name: NIA
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 _ feet total dynamic head (TDH)
S. 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.1.b. ❑ Grinder Pump ❑ Mechanical Bar Screen ❑ Other (please specify)
6. Power reliability in accordance with ISA NCAC D2T .03 41 Lh1i 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 separations/altemativcs found in ISA NCAC 42T _WQ5i0.8c ? ® Yes ❑ No
15A NCAC 02T.0305(f) contains minimum senarations that shall he nrnvided fnr sewer evsterns:
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 I I 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
"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
y it noncompliance with 02T.0305(f) or {g}, see Section XI of this application
* I SA NCAC 02T,305{g) contains alternatives where separations in 02T.0305LO 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 Syrf & WWtrClassificatinns webpftyq;
2. Does this project comply with the minimum separation requirements for water mains? ®Yes []No ❑ MA
➢ If no, please refer to 15A NCAC I8C.0906(f) for documentation requirements and submit a separate document,
signed/scaled 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: Cape Fear ❑ No
If yes, does the project comply with setbacks found in the river basin rules per M NCAC ? ® Yes ❑ No
➢ This includes Trout Buffered Streams per 15A NCAC 2B_02Q2
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 coverag0authorization is required.
6. Does project comply with 15A NCAC 02T;E}l0_ Si 6) (additional permits/certifications)? ® Yes ❑ No
Per I NCAC 02T.0105(c, 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 A _ICAO 2Q T_04V, "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 I SA NCAC 02.7 the Min �rnum Design Criteria for the Perrpitting a f Pump Star_. ions
d Fo Mains latest VeYbi n), and the ravi we izti urn csi n I riteria (IaW 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. Asomal of the request will be issued
oa ur n with the ro theand miects reullftz a variance a royal may subject o lousEer
review tines. For profaft reulWn two or more vairiances gr where the variance is detIrmined bI the DiAsion to be a
O-P—Mcaut Portion of the nroieCL the full technical review is required.
2. Professional Engineer's Certification:
I, Jeff Foster , attest that this application for `Governors Village Parcel D
(Professional Engineer's name firm Application Item 111.1.) (Project Name firm Application Item 1L 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,
imumi3tsii?n"Criteria for Gravity Sewers f 3Etest version}. and the i ri r the t-Tra k c tt"
Of Pgut S WiOas and orce Mains(latest vcrsigq. 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 J&(%701)
�•".
North Carolina Professional Engineer's seal, signature, and date: '0� dLt
I ,` 2oAC
SEAL i
028291
an
3. Applicant's Certification per 15A NCAC 02T .0106(b):
I, Michael Melton__, attest that this application for _ Governors Village Parcel D
(Signature Authority Name hom Application Item U.) (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: -�
FORM: FTA 06-21
Date: 09/14/2022
Page 5 of 5
NC Degt of Environmental Quart
State of North Carolina
"^ r, n Department of Environmental Quality
utr T v 2022 Division of Water Resources
D W, R
Qlvlslon of Water Resources Raleigh Regional l Tracking for Sewer Extension Applications
V (FTSE 10-18)
Entity Requesting Allocation: GV Investments LLC
Project Name for which flow is being requested: Governors Villa a Parcel D
More than one FTSE may be required for a single project if the owner of the WWTP is not responsible for all pump
stations along the route of the proposed wastewater flow.
1. Complete this section only if you are the owner of the wastewater treatment plant.
a. WWTP Facility Name: Chatham Water Reclamation Facility
b. WWTP Facility Permit #: NC 00056413
All flows are in MGD
c. WWTP facility's permitted flow
0.350
d. Estimated obligated flow not yet tributary to the WWTP 0.0096
e. WWTP facility's actual avg. flow
0.0994
f. Total flow for this specific request
0.008500
g. Total actual and obligated flows to the facility
0.1175
h. Percent of permitted flow used
33.57%
H. 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) (L) (D)=(B+C) (E)-(A-D)
Design
Obligated,
Pump Pump Average
Approx. Not Yet Total Current
Station Station Firm Daily Flow**
Current Tributary Flow Plus
(Name or Permit Capacity, * (Firm 1 pi),
Avg. Daily Daily Flow, Obligated Available
Number) No. MGD MGD
Flow, MGD MGD Flow Capacity—
LS-1 Pre1990 uk .288 0.1152 .0682 .0181 .0863
.0289
* 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): Carolina Meadows
Downstream Permit Number: Unknown
Page 1 of 6
FTSE 10-18
III. Certification Statement:
i Michael A. Melton 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 Offlcial Signal
Enginexing Manager
Title
09/14/2022
Date
Page 2 of 6
FTSE 10- 18
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NC Dept of Environmental Q t't: E GROUP
� T " 5 2022 301 GLENWOOD AVENUE, SUITE 220
RALEIGH, NC 27603
Phone: (919) 367-8790 x-105
Raleigh Regional Off7ce E-Mail: jeff�cegroupinc.com
Memorandum
To: NCDEQ Division of Water Resources
From: Jeff Foster, PE, CE Group
Date: October 4, 2022
Re: Corporation Documentation for Aqua North Carolina, Inc.
Information taken from http:G'www.sosno.gnv on October 461, 2022.
Business Corporation
Legal Name
Aqua North Carolina, Inc.
Prev Legal Name
Hydraulics, Limited
Prev Legal Name
Hydraulics, Ltd.
Information
Sos1d: 0072603
Status: Current -Active O
Date Formed. 7/16/1965
Citizenship: Domestic
Fiscal Month: December
Annual Report Due Date: April 15th
Annual Report Status: Current
Registered Agent: CT Corporation y em
NC Dept of Environmental Qua"
G,("T 0 5 2022
Raleigh Regional Office
CE GROUP
October 3, 2022
NCDEQ/DWR
Water Quality Section
Fast Track Unit
3800 Barrett Drive
Raleigh, NC 27609
Re: Governors Village Parcel D
Public Sanitary Sewer Extension Permit
Please find attached the following information for the requested extension permit:
- Application Fee: $480
- Permit Cover Letter
- Fast Track Sewer System Extension Application (FTA 06-21) — Original and Copy
- Flow Tracking for Sewer Extension Applications (FTSE 10-18) Original and Copy
- USGS Topographic Map
- Vicinity Map
- Documentation from NC Secretary of State's office for Corporation
- Certificate of Public Convenience and Necessity
- Electronic Thumb Drive (Above Info)
This information is provided as required for processing of the requested permit for the 8" Public Sanitary Sewer
Extension for Governors Village Parcel D in Chapel Hill, Chatham County, North Carolina. This main will service
commercial retail and office space.
Respectfully Submitted,
CE Group, Inc_
Jeff Foster, PE
Project Manager
301 Glenwood Avenue I Raleigh, NC 27GO3 I (919) 3G7-8790 I www.cegroupinc.com
TO: NCDENR — DWQ
Raleigh Regional Office
3800 Barrett Drive
Raleigh, NC 27609
ATTENTION
Permitting
NC Dept of Environmental Quaiit CE GROUP
OCT 0 5 2022
Raleigh Regional Office
301 GLENWOOD AVENUE, SUITE;
RALEIGH, NC 27603
Phone: (919) 367--8790 x-105
E-Mail.-la Qlceyroupinc.com
Transmittal
DATE: 1014/22
PROJECT NO: 127-147
Governors Village Parcel D
Chapel Hill, NC
Public Extension
Quantity
Drawing No.
Description
1
Check #11741
Application Fee ($480)
1
Project Narrative
2
1 copy/1 original
Fast Track Sewer System Extension Application (FTA 06-21)
2
1 copy/1 original
Flow Tracking for Sewer Extension Applications (FTSE 10-18)
1
USGS Overall Area Map
1
Vicinity Location Map
NC Secretary Articles of Incorporation Y Y
Certificate of Public Convenience and Necessity
Thumb Drive with attachments
1
1
1
REMARKS Please let us know if you require any additional information.
STATE OF NORTH CAROLINA
UTILITIES COMMISSION
RALEIGH
APPENDIX A-14
DOCKET NO. W-218, SUB 341
BEFORE THE NORTH CAROLINA UTILITIES COMMISSION
AQUA NORTH CARQLINA. INC.
is granted this
CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY
to provide water utility service in
BEECHWOOD COVE CEDAR TERRACE CHATHAM HIDDEN VALLEY POLK'S
LANDING POLICS TRAIL AND WOODBRIDGE SUBDIVISIONS
AND
to provide sewer utility service in
CAROLINA MEADOWS COUNTY LINE PLAZA GOVERNORS CLUB. VERN R
FOREST GOVERNORS VILLAGE THE LEGACY AT JO DAN LAKE T E
PRESERVE AT JORDAN LAKE AND WESTFALL SUBDIVISIONS
Chatham County, North Carolina
subject to any orders, rules, regulations,
and conditions now or hereafter lawfully made
by the North Carolina Utilities Commission,
ISSUED BY ORDER OF THE COMMISSION.
This the 291' day of January, 2013.
NORTH CAROLINA UTILITIES COMMISSION
A01L �XNUJV\*
Gail L. Mount, Chief Clerk
STATE OF NORTH CAROLINA
UTILITIES COMMISSION
RALEIGH
APPENDIX A-15
DOCKET NO. W 218, SUB 341
BEFORE THE NORTH CAROLINA UTILITIES COMMISSION
AQUA NORTH CAROLINA, INC.
is granted this
CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY
to provide water and sewer utility service
in
CHAPEL RIDGE INCLUDING PHASE 2AAND 2B LE PARK PLAZA OLVA D
FARMS Du am and Chatham Counties),REE E LAUREL RIDGE, BANE
ERPJECT. THE BLUFFS PHASE 1 THE PARKS AT MEADOWVIEW AND
WOODLANDS SUBDIVISIONS
Chatham County, North Carolina
subject to any orders, rules, regulations,
and conditions now or hereafter lawfully made
by the North Carolina Utilities Commission.
ISSUED BY ORDER OF THE COMMISSION.
This the 29th day of January, 2013.
NORTH CAROLINA UTILITIES COMMISSION
A6L l.'C bul' 4
Gail L. Mount, Chief Clerk
STATE OF NORTH CAROLINA
UTILITIES COMMISSION
RALEIGH
DOCKET NO. W-218, SUB 216
DOCKET NO. W-1118, SUB 3
BEFORE THE NORTH CAROLINA UTILITIES COMMISSION
In the Matter of
Application by Aqua North Carolina, Inc., Post Office
Drawer 4889, Cary, North Carolina 27519, and
Chatham Water Reclamation Company, Inc., for
Authority to Transfer the Sewer Utility Franchises
Serving Governors Village Subdivision, Governors
Forest Subdivision, Governors Village Townhomes,
and Governors Village Offices in Chatham County,
North Carolina, from Chatham to Aqua and for
Approval of Rates
11,q,Z) S
ORDER ACCEPTING
BOND, APPROVING
TRANSFER,AND
REQUIRING
CUSTOMER NOTICE
BY THE COMMISSION: On June 28, 2005, Aqua North Carolina, Inc. (Aqua),
and Chatham Water Reclamation Company, LLC (Chatham Water), filed an application
with the Commission seeking authority to transfer the wastewater system assets and
franchises for Governors Village Subdivision, Governors Forest Subdivision, Governors
Village Townhomes, and Governors Village Offices in Chatham County, North Carolina,
from Chatham Water to Aqua, and for approval of rates.
On September 21, 2005, the Commission issued an Order requiring customer
notice, indicating that the Commission may decide this matter without a public hearing if
no significant protests were received subsequent to customer notice. The certificate of
service was filed in Docket No, W-1118, Sub 3, on October 4, 2005. No customer
complaints have been received.
On the basis of the verified application and the records of the Commission, the
Commission makes the following
FINDINGS OF FACT
1. Aqua presently holds water and sewer utility franchises serving
approximately 11,000 customers. Aqua's record of service is satisfactory.
2. Chatham Water currently serves approximately 232 residential, 242
apartment, 71 townhome, and 8 commercial customers.
3. Whippoorwill, LLC (Whippoorwill), owns the wastewater treatment plant for
the Chatham Water service areas, which also serves Carolina Meadows, Inc., a
continuing care retirement community located near the Chatham Water service areas.
Chatham Water owns a one -third -membership interest in Whippoorwill, and Carolina
Meadows owns the remaining two-thirds interest.
4. Aqua has entered into an Asset Purchase Agreement with Chatham
Water, dated May 12, 2005 (Chatham Water APA), and an Assets Purchase Agreement
with Carolina Meadows, dated June 2, 2005 (Carolina Meadows APA), to purchase their
respective interests in Whippoorwill together with other assets used in the operation of
the treatment facility. By virtue of these agreements, Aqua will own 100% of the
treatment facility and other assets used in its operation to serve both the existing
Chatham Water franchise areas, and, on a bulk basis, Carolina Meadows.
5. Pursuant to the Carolina Meadows APA, Aqua will furnish Carolina
Meadows bulk treatment service at a rate of $2.50 per 1,000 gallons for a period of five
years after Closing, as that term is defined in the Carolina Meadows APA. The rate will
increase to a maximum of $5.50 per 1,000 gallons for the three year period following
Aqua's next general rate case after the five-year term.
6. In a letter to the Public Staff dated November 21, 2005, Aqua agreed to
reduce the contract purchase price to be paid to Chatham Water from $373,939 to
$258,578, the combined net plant in service at June 30, 2005, for both Chatham Water
and Carolina Meadows as calculated by the Public Staff. The Public Staff
recommended rate base treatment for the reduced purchase price, the $2,000
reimbursement for attorney's fees for Chatham Water, the $2,000 reimbursement for
attorney's fees for Carolina Meadows, and the $95,000 purchase price for the Carolina
Meadows' land. In all other respects, the agreements with Chatham Water and
Carolina Meadows remain unchanged. In an e-mail message to the Public Staff dated
November 21, 2005, Chatham Water confirmed its agreement with Aqua regarding the
reduced lump sum portion of the purchase price.
7. In consideration of the rate base treatment discussed above, Aqua also
agreed that in the event of a system specific rate case during the time period of the
"bulk treatment rate" as described in Section 1.3(d) of the Carolina Meadows APA, the
difference between the revenues generated by the bulk treatment rate and the revenue
requirement for Carolina Meadows, calculated based on rate base, expenses, and
allowed return, will be imputed in order to prevent a negative impact on the
non -Carolina Meadows customers. The amount of rate base used in determining the
calculated revenue requirement for Carolina Meadows shall include, but not be limited
to, the net plant in service of the assets acquired from Carolina Meadows, which is
$392,250 as of June 30, 2005, the reimbursement of attorneys fees for Carolina
Meadows, and an allocation of the $95,000 purchase price for the land.
12. That the Notice to Customers, attached hereto as Appendix C, be mailed
with sufficient postage. or hand delivered by Aqua to all customers affected by the
transfer no later than 15 days after the date of this Order; and that Aqua submit to the
Commission the attached Certificate of Service properly signed and notarized not later
than 30 days from the date of this Order.
ISSUED BY ORDER OF THE COMMISSION.
This the 9`" day of December , 2005.
NORTH CAROLINA UTILITIES COMMISSION
,A04 l -Mow c4
&120M.01 Gail L. Mount, Deputy Clerk
ASSETS PURCHASE AGREEMENT
FOR THE ACQUISITION OF
THE WASTEWATER SYSTEM ASSETS
OF
CAROLINA MEADOWS, INC.
BY
AQUA NORTH CAROLINA, INC.
Dated as of cZ 2005
wastewater system in the possession of Seller, and
(f) alI of Seller's information, files, records, data, plans, system maps, contracts and
recorded knowledge, including property records, related to the foregoing.
1.3 Consideration
The purchase price for the Wastewater System Assets will consist of the following payments;
(a) At Closing, a lump sum payment from Buyer to Seller of Minty -Five
Thousand Dollars ($95,000) .
(b) No contingent payments of any nature whatsoever will be due in addition
to the lump sum payment at Closing.
(c) At Closing, reimbursement of Seller's legal fees not to exceed Two
Thousand DolI2,000). Any additional legal fees shall be the sole
responsibility ofFieller.
(d) As additional consideration, Buyer will furnish Seller a bulk treatment rate
of $2.50 per 1,000 gallons for a period of five years after Closing. The rate
will increase to a maximum of $5.50 per 1,000 gallons for the three year
period following Buyer's next general rate case after the five year term.
Buyer will install an influent flow meter measuring incoming flow from
the Carolina Meadows Community and will provide the meter reading to
Seller with each billing.
Unless otherwise agreed, the purchase price at Closing shall be paid via wire transfer of
immediately available funds, to the account provided by Seller prior to the Closing.
1.4 Non -Assumption of Liabilities
With the exception of the obligation to provide wastewater service after Closing and the
assumed liabilities and contractual obligations specified herein, all liabilities and obligations of
Seller shall remain the sole responsibility of Seller. The Buyer shall not assume and shall not be
liable for any liabilities or obligations of Seller of any nature whatsoever, whether express or
implied, fixed or contingent, save and except for the obligation to provide said utility service.
Buyer shall not be responsible for any business, occupation, withholding or similar tax, or for any
income, sales, use, value-added or similar taxes related to any period, or transaction occurring
during any period, before the Closing Date.
2. Closing
Closing hereunder ("the Closing") shall tape place at the offices of the Attorney for Buyer at
17 IVII
Sanford. Holshouser
Aflomeys at Law
59"TOR TERRYSANFORD (191r 1"s)
GOVERNOR MUES E HOLSHOUSER, JR.
December 22, 2005
Ms. Geneva Thigpen, Chief Clerk
North Carolina Utilities Commission
430 North Salisbury Street
Raleigh, North Carolina 27603-5918
FILED
IAN U 4 2006
N.0 LYAim Com-mmim
Re: Application of Aqua North Carolina, Inc, and Chatham Water Reclamation Company, Inc.
Authority to Transfer Sewer Utility Franchises
Dockets W-218, Sub 216 and W-1118, Sub 3
Dear Ms. Thigpen:
The Order Approving Transfer entered in the above dockets required Aqua North Carolina, Inc.
to notify the Commission of the date of closing. Please be advised that the closing took place on
December 21, 2005 with the transfer being effective at 12:01 am today.
Please advise if you need anything further in this regard. eke,,
Sincerely, 06
SANFORD HOLSHOUSER LLP
La ce A. Cobb
CC: Neil R. PhillipsC
Elizabeth Denning Szafran
SANFORD HOLSHOUSER LLP
ONE EXCHANGE PLAZA, 219 FAYETTEVILLE STREET MALL, SUITE 1000,'RAMIGH, NORT4CAROLINA 27601
POST OFFICE BOX 2447, kALEIGH, NORTH CARPIJNA 27602 ✓✓
939.755.1800 TELEPHONE 91 02�272 FACSIMILE
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