HomeMy WebLinkAboutWQ0044168_Application (FTSE)_20230228 (2)NC Dept of Ertv�ronrnenta! Quality State of North Carolina
Department of Environmental Quality
DWR Division of Water Resources
FEB 2 8 YL�JT TRACK SEWER SYSTEM EXTENSION APPLICATION
Division of Water Resources FTA 06-21 & SUPPORTING DOCUMENTATION
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Application Number: W Qd 04 t-((6e (to be completed by DWR)
All items must be completed or the application will be returned
I. APPLICANT INFORMATION:
. Applicant's name: Scannell Properties #515, LLC (company, municipality, HOA, utility, etc.)
2. Applicant type: ❑ Individual ® Corporation ❑ General Partnership ❑ Privately -Owned Pubic Utility
❑ Federal ❑ State/County ❑ Municipal ❑ Other
3. Signature authority's name: Marc .D.Etlet?ind per 15A NCAC 02T .0 106(b)
Title: Manager
4. Applicant's mailing address: 225 Reinekers Lane, Suite 510
City: Alexandria State: VA Zip: 22314-2840
5. Applicant's contact information:
Phone number: (908) 655-5632 Email Address: marcp@scanneI[properties.com
11. PROJECT INFORMATION:
1. Project name: Junction and Ferrell - Pump Station and Force Main
2. Application/Project status: ® Proposed (New Permit) ❑ Existing PermiL."Project
If a modification, provide the existing permit number: WQ00 and issued date: -_ ,
For modifications, also attach a detailed narrative description as described in Item G of the checklist.
If new construction, but part of a master plan, provide the existing permit number: WQ00
3. County where project is located: Durham
4. Approximate Coordinates (Decimal Degrees): Latitude: 36.023433:' Longitude:-78.837265'
5. Parcel ID (if applicable): 169587 (or Parcel 1D to closest downstream sewer)
III. CONSULTANT INFORMATION:
I, Professional Engineer: Kelsey Westwood, P.E. License Number: 047013
Firm: 151275
Mailing address: 300 Morris Street Suite 200
City: Durham State: NC Zip: 27701-2127
Phone number: (919) 237-9483 Email Address: kelsey.westwood@kimley-horn.com
IV. WASTEWATER TREATMENT FACILITY (WWTF) INFORMATION:
1. Facility Name: North Durham Water Reclaimation Facility Permit Number: NCO023841
Owner Name: City of Durham
V. RECEIVING DOWNSTREAM SEWER INFORMATION:
1. Permit Number(s): WQS-001255, City of Durham
2. Downstream (Receiving) Sewer Information: 8 inch Z Gravity ❑ Force Main
3. System Wide Collection System Permit Number(s) (if applicable): WQCS00005
Owner Name(s): Cisv of Durham
FORM: FTA 06-21 Page] of 5
VI. GENERAL REQUIREMENTS
1. If the Applicant is a Privately -Owned Public Utility, has a Certificate of Public Convenience and Necessity been attached?
❑ Yes ❑ No ® NIA
2. If the Applicant is a Developer of lots to be sold, has a Developer's Operational Agreement (FORM: DEV) been attached?
® Yes ❑ No ❑ N/A
3. if the Applicant is a Home/Property Owners' Association, has an HOA/POA Operational Agreement (FORM: HOA) and
supplementary documentation as required by 15A NCAC 02T.0115(c) been attached?
❑ Yes ❑ No ® N/A
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: % Domestic % Commercial 100 % Industrial (See I SA NCAC 02T .0103(20))
If Industrial, is there a Pretreatment Program in effect? ❑ Yes® No
6. Hasa flow reduction been approved under 15A NCAC 02T .0l 14(f)? ❑ Yes ® No
Y If Yes, provide a cony of flow reduction approval letter with this apalication
7. Summarize wastewater generated by project:
Establishment Type (see 02T.0114(f))
Daily Design Flow a,b
No. of Units
Flow
gall
GPD
gall
GPD
gall
GPD
gall
GPD
gal,"
GPD
gal!
GPD
Total
0 GPD
a See 15A NCAC 02T .01 14(b). (d). (c)(1) and (e)(2) for caveats to wastewater design flow rates (i.e., minimum flow per
dwelling; proposed unknown non-residential development uses; public access facilities located near high public use areas;
and residential property located south or east of the Atlantic Intracoastal Waterway to be used as vacation rentals as defined
in C.S. 42A-4).
b Per 15A NCAC 02T .01 14(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.
S. Wastewater generated by project: 0 GPD (per I SA NCAC 02T .01 14)
➢ 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 gravitysewer to be permitted:
Size (inches) I Length (feet) I Material
4
11'tw gravity sewer for this project has been permitted through the City of Durham and does not require NCDEQ review.
➢ Section 11 & III of the MIX' for Permitting of Gravity Sewers contains information related to design criteria
➢ Section III contains information related to minimum slopes, for pravity sewer(s)
➢ Oversizing lines to meet minimum slope requirements is not allowed and a violation of the MDC
Vill. PUMP STATION DESIGN CRITERIA (if Applicable) —02T .0305 & MDC (Pump SlationslForce Mains):
PROVIDE A SEPARATE COPY OF THIS PAGE FOR EACH PUMP STATION INCLUDED IN THIS PROJECT
I. Pump station number or name: Junction and Ferrell
2_ Approximate Coordinates (Decimal Degrees): Latitude: 36.0234330 Longitude:-78.837265
3, Total number of pumps at the pump station: 2
3. Design flow of the pump station: 0.1751 millions gallons per day (finn 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); 121,6 gallons per minute (GPM) at 85.0 feet total dynamic head (TDH)
5. Summarize the force main to be permitted (for this Pump Station):
Size (inches)
Length (feet)
Material
4
3892
PVC
If any portion of the force main is less than 4-inches in diameter, please identify the method of solids reduction per
MDCPSFM Section 2.01 C.I.b. ❑ Grinder Pump ❑ Mechanical Bar Screen ❑ Other (please specify) _ _..__
6. Power reliability in accordance with .15A NCAC 02T .030{ (hJ(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 pen -nit 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(,) & (& ® Yes [:]No
15A NCAC 02T.0305(fl 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 lI impounded reservoirs used as a source of drinking water, and associated wetlands.
100 feet
**Waters classified WS (except WS-I or WS-V), B, SA, ORW, HQW, or SB from normal
high water (or tide elevation) and wetlands associated with these waters (see item IX.2)
50 feet
**Any other stream, lake, impoundment, or ground water lowering and surface drainage
ditches, as well as wetlands associated with these waters or classified as WL.
10 feet
Any building foundation (horizontal)
5 feet
Any basement (horizontal)
10 feet
Top slope of embankment or cuts of 2 feet or more vertical height
10 feet
Drainage systems and interceptor drains
5 feet
Any swimming pools
10 feet
Final earth grade (vertical)
36 inches
➢ If noncompliance with 02T.0305(t) or (g), see Section X.I of this application
* 15A NCAC 02T.0305(g) contains alternatives where separations in 02T.0305(t) 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 webnaue
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: Falls Lake / Neuse River ❑ 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 numberlpermitting status in the cover letter if coveragetauthorization is required.
6. Does project comply with 15A NCAC 02T.0105(c)(6) (additional permits. -'certifications)? ® Yes ❑ No
Per 15A NCAC 02T.0105(c)(6), directly related environmental permits or certification applications must be being prepared,
have been applied for, or have been obtained. Issuance of this permit is contingent on issuance of dependent permits (erosion
and sedimentation control plans, stormwater management plans, etc.).
7. Does this project include any sewer collection lines that are deemed "high -priority?" ❑ Yes ® No
Per 15A NCAC 02T.0402, "high -priority sewer" means any aerial sewer, sewer contacting surface waters,
siphon, or sewers positioned parallel to streambanks that are subject to erosion that undermines or deteriorates the sewer.
Siphons and sewers suspended through interference/conflict boxes require a variance approval.
➢ If yes, include an attachment with details for each line, including type (aerial line, size, material, and location).
High priority lines shall be inspected by the permittee or its representative at least once every six -months and
inspections documented per 15A NCAC 02T.0403(a)(5) or the permittee's individual System -Wide Collection permit.
FORM: FTA 06-21 Page 4 of 5
X. CERTIFICATIONS:
1. Does the submitted system comply with 15A NCAC 021, the Minimum Design Criteria for the Permitting of Pump Stations
and Force Mains (latest version), and the Gravity Sewer Minimum Design Criteria (latest version) as applicable?
® Yes ❑ No
If no, for projects requiring a single variance, complete and submit the Variance/Alternative Design Request application
(VADC 10-14) and supporting documents for review to the Central Office. Approval of the request will be issued
concurrently with the aporoval of the imirmit. and ro'ects reguiring a variance approval may be subject to longer
review times. For projects reguirine 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, Kelsey Westwood Hall, P.E. , attest that this application for Junction and. Ferrell
(Professional Engineer's name from Application Item Ill 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 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:
3. Applicant's Certification per 15A NCAC 02T .0106(b):
1, Marc D. Pflegin¢ , attest that this application for
(Signature Authority Name from Application Item 13 )
SIp;��;1'q }
SEAL -
�i 047013
Fc� .
W E SA`� a2s/zo2a
�111111ltW\\
Junction and Ferrell
(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. l 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: oZ7
FORM: FTA 06-21 Page 5 of 5
NC Dept of Environmental Quality
FEB 2 8 P State of North Carolina
' ' Department of Environmental Quality
t4A..
,.' Raleigh Regional Office Division of Water Resources
Wyk;It"., of W'mlq it; :. ny Flow Tracking for Sewer Extension Applications
(FTSE 10-18)
Entity Requesting Allocation: Kimle -Horn on behalf of Scannell Properties 4515, LLC
Project Name for which flow is being requested: Junction and Ferrell (private PS & FM)
More than one FTSE maybe required for a single project U71te owner of the WWTP is not responsible for all pump
stations along the route of theproposed wastewater flow.
1. Complete this section only if you are the owner of the wastewater treatment plant.
a. WWTP Facility Name: North Durham Water Reclamation Facility
b. WWTP Facility Permit #: NCO023841
Aff lows are 1n MGD
c. WWTP facility's permitted flow 20.0
d. Estimated obligated flow not yet tributary to the WWTP 2.24
e. WWTP facility's actual avg. flow 8.56
f. Total flow for this specific request 0
g. Total actual and obligated flows to the facility 10.80
h. Percent of permitted flow used 54%
IL Complete this section for each pump station you are responsible for along the route of this proposed
wastewater flow.
List pump stations located between the project connection point and the WWTP:
Pump Pump
Station Station
(Name or Permit
Number) No.
n/a
(A)
(B)
(C)
(D)=(B+C) (E)=(A-D)
Design
Obligated,
Average
Approx.
Not Yet
Total Current
Firm Daily Flow**
Current
Tributary
Flow Plus
Capacity, * (Firm 1 pf),
Avg. Daily
Daily Flow,
Obligated Available
MGD MGD
Flow, MOD
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
(pi) 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): North Durham Water Reclamation Facility
Facility Downstream Permit Number_
NCO023841
Page 1 of 6
FTSE 10-18
III. Certification Statement:
I Robert N. Joyner, Jr. 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 Iocal 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 S g&14ire 1 Date
V
Title of Signing Of cial
Page 2 of G
FTSE 10-18
Kimley»>Horn
February 24, 2023
NCDEQ — Division of Water Resources
Raleigh Regional Office
3800 Barrett Drive
Raleigh, NC 27609
NC Dept of Environmental Quality
FEB 2 8 2023
Raleigh Regional Office
RE: Junction and Ferrell, Durham, NC— Fast Track Sewer System Extension Application
Kimley-Horn is pleased to submit, on behalf of Scannell Properties #515, LLC, the items listed in the
table below as a part of their application for the Fast Track Sewer Extension permit for Junction and
Ferrell. The project is located at 2324 Ferrell Road Durham, NC 22704. The project consists of mass
grading of the site, the construction of a public road (Northern Durham Parkway), and installation of
major utilities including water, storm drainage, and a private pump station.
This application is for infrastructure only and the gravity associated with the site has been permitted
through the City of Durham. The permit is requested for 3892 LF of sewer force main.
This project requires coverage under a 404 Nationwide / 401 Water Quality Certification. This
coverage has been applied for and is currently under review.
This submittal is transmitted to you with the following supporting documentation:
Date
Item
02/24/2023
Fast Track Sewer System Extension Application (FTA 06-21)
02/24/2023
Flow Tracking for Sewer Extension Application (FTSE 10-18)
02/24/2023
Site Map — 8.5" x11" USGS Topographic Map
02/24/2023
Site Map — Aerial Vicinity Map
02/24/2023
Documentation of NC Registered Business
02/24/2023
Application Fee
02/24/2023
Developer's Operational Agreement
Permitting Timeline Memo
02/24/2023
Should your office have any questions or concerns with this submittal, please do not hesitate to
contact me at (919) 237-9483 or Kelsey. Westwood a kimley-horn com.
Sincerely,
Kelsey Westwood Hall, P.E.
Kimley-Horn & Associates
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JUNCTION AND FERRELL
2324 FERRELL ROAD
DURHAM, NORTH CAROLINA 27704
PINS: 0842-77-84-9015,0842-87-14-4060,0842-87-23-1995,
0842-87-35-1460,0842-87-32-172710842-87-53-8915,
0842-86-82-006310842-75-15-9646,0842-75-84-2768,
0842-84-56-6548, 0842-74-26-0991, 0842-74-55-2786
CASE NUMBER: #D2100203
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PROJECT LOCATION
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State of North Carolina
Department of the Secretary of State
SOSID: 2157228
Date Filed: 3/24/2021 2:08:00 PM
Elaine F. Marshall
North Carolina Secretary of State
N(t ftttf §t "Mal OuahtV
APPLICATION FOR CERTIFICATE OF AUTHORITY
FOR LIMITED LIABILITY COMPANY FEB 2 8 2IL"'I
Pursuant to §57D..7-03 of the General Statutes of North Carolina, the undersigned limited liability comps v� � 1C�'
Certificate of Authority to transact business in the State of North Carolina, and for that purpose submits the o living:
1. The name of the limited liability company is Scannell Properties #515, LLC ;
and if the limited liability company name is unavailable for use in the State of North Carolina, the name the limited
liability company wishes to use is
2. The state or country under whose laws the limited liability company was formed isTN, United States
3. Principal office information: (Select either a or b)
a. 0 The limited liability company has a principal office.
The principal office telephone number: 317 843-5959
The street address and county of the principal office of the limited liability company is:
Number and Street:8801 River Crossing Blvd
city: Indianapolis State: IN Zip Code:46240-2394 county: Marion
The mailing address, if different front the street address, of the principal office of the corporation is:
Number and Street:
City: State: ___....... Zip Code:._.__ _.._ County:
b. ❑ The limited liability company does not have a principal office.
4. The name of the registered agent in the State of North Carolina is: COGENCY GLOBAL INC.
5. The street address and county of the registered agent's office in the State of North Carolina is:
Number and Street:212 South Tryon Street Suite 1000
city:Charlotte State: NC Zip Code:28281 county: Mecklenburg_!
6. The North Carolina mailing address, if different front the street address, of the registered agent's office in the State of North
Carolina is:
Number and street.212 South Tryon Street Suite 1000
cityCharlotte State: NC
Zip Code:28281 county: Mecklenburg_
BUSINESS REGISTRATION DIVISION P.O.13OX 29622 RALEIGH, NC 27626-0622
(Revised July 2017) (Form L 09)
APPLICATION FOR CERTIFICATE OF AUTHORITY
Page 2
7. The names, titles, and usual business addresses of the current company officials of the limited liability company are:
(use attachment if necessary) (This document must be signed by a person listed in item 7.)
Name Title Business Address
8801 River Crossing Blvd, Ste 300 Indianapolis IN, 46240-2394 United States
Robert J. Scannell Manager
Douglas L. Snyder Manaizer
James C. Carlxno Manager
8801 River Crossing Blvd, Ste 300 Indianapolis IN, 46240-2394 United States
8901 River Crossing Blvd, Ste 300 Indianapolis rN, 46240-2394 United States
8. Attached is a certificate of existence (or document of similar import), duly authenticated by the secretary of state or other official
having custody of limited liability company records in the state or country of formation. The Certificate of Existence must be
less than six months old. A Photocopy of the certification cannot be accepted.
9. If the limited liability company is required to use a fictitious name in order to transact business in this State, a copy of the
resolution of its managers adopting the fictitious name is attached.
10. (Optional): Please provide a business e-mail address: Privacy Redaction
The Secretary of State's Office will e-mail the business automatically at the address provided above at no cost when a document
is filed. The e-mail provided will not be viewable on the website. For more information on why this service is offered, please see
the instructions for this document.
11. This application will be effective upon filing, unless a delayed date and/or time is specified:
This the 17th day of March , 2o21
Scannell Properties #515, LLC
Name of Limited Liability Company
Robert J. Scannell Manager
Signature of Company Oflial
Robert J. Scannell Manager
Type or Print Name and Title
Notes:
1. Filing fee is $250. This document must be filed with the Secretary of State.
BUSINESS REGISTRATION DIVISION P.O. BOX 29622 RALEIGH, NC 27626-0622
(Revised July 2017) (Form L-09)
2. (Continued) Persons executing these articles - Scannell Properties #515, LLC
James C. Carlino - 8801 River Crossing Blvd. Ste 300 Indianapolis IN, 46240-2394 United States
Ralph I. Shiley - 8801 River Crossing Blvd, Ste 300 Indianapolis IN, 46240-2394 United States
Marc D. Pfleiting - 8801 River Crossing Blvd, Ste 300 Indianapolis 1N. 46240-2394 Unitied States
State of Indiana
Office of the Secretary of State
CERTIFICATE OF EXISTENCE
To Whom These Presents Come, Greeting:
I, CONNIE LAWSON, Secretary of State of Indiana, do hereby certify that I am, by virtue of the laws of
the State of Indiana, the custodian of the corporate records and the proper official to execute this
certificate.
I further certify that records of this office disclose that
SCANNELL PROPERTIES #515, LLC
duly filed the requisite documents to commence business activities under the laws of the State of
Indiana on March 16, 2021, and was in existence or authorized to transact business in the State of
Indiana on March 17, 2021.
I further certify this Domestic Limited Liability Company has filed its most recent report required by
Indiana law with the Secretary of State, or is not yet required to file such report, and that no notice of
withdrawal, dissolution, or expiration has been filed or taken place. All fees, taxes, interest, and
penalties owed to Indiana by the domestic or foreign entity and collected by the Secretary of State
have been paid.
In Witness Whereof, I have caused to be affixed my
signature and the seal of the State of Indiana, at the City
of Indianapolis, March 17, 2021
CONNIE LAWSON
SECRETARY OF STATE
202103161471062 / 20211918440
All certificates should be validated here: https://bsd.sos.in.gov/ValidateCertif!cate
Expires on April 16, 2021.
STATE OF NORTH CAROLINA
COUNTY OF DURHAM Permit No.
DEVELOPER'S OPERATIONAL AGREEMENT
This AGREEMENT made pursuant to G.S. 143-215.1 and entered into this 28`h day of
October, 2022, by and between the North Carolina Environmental Management Commission, an agency of the
State of North Carolina, hereinafter known as the COMMISSION; and
SCANNELL PROPERTIES #515 LLC an Indiana limited liabilijy cam an 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 Durham County, upon which it is erecting and
will erect industrial buildings and other improvements, said development to be known
as Durham 85 (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 a Declaration of Common Maintenance and Cross -Easements
(hereinafter Declaration), and record the same against the lands comprising the Development, for the
purpose, among others, of operating, maintaining, re -constructing and repairing the common elements of
the lands and improvements in the Development, including the Disposal System; and of collecting dues and
assessments to provide funds for such operation, maintenance, re -construction and repair.
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 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 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 new permit holder. The request must
include a copy of the Declaration and any such assignment of ownership and/or control.
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.
FORM: DEV 03-19 Page I oft
4. The DEVELOPER shall provide in the Declaration 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 shall identify the entire wastewater treatment, collection and disposal system as
a common element which will receive the highest priority for maintenance, repair and replacement
expenditures by the DEVELOPER except for Federal, State, and local taxes and insurance.
5. The DEVELOPER shall provide in the Declaration 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 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 common elements of the Development 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 shall provide for special assessments to cover such
necessary costs. There shall be no limit on the amount of such assessments, and the Declaration shall provide
that such special assessments can be made as necessary at any time.
7. if a wastewater collection system and wastewater treatment and/or disposal facility provided by any city,
town, village, county, water and sewer authorities, or other unit of government shall hereinafter become
available to serve the Development, the DEVELOPER shall take such action as is necessary to cause the
existing and future wastewater of the Development to be accepted and discharged into said governmental
system, and shall convey or transfer as much of the Disposal System and such necessary easements as the
governmental unit may require 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 DEVELOPER 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 Declaration that the DEVELOPER 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.
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.
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
MANAGEMENT COMMISSION
S. Daniel Smith
Director, Division of Water
Resources
(Date)
Scannell Properties 9515, L_L_C _
Name offDDEVVEELOPER
(Signature)
_Marc D. Pfleging, Manager
Print Name and Title
(Date)
FORM: DEV 03-19 Page 2 of 2
SCANNELL
PROPERTIES
1800 Diagonal Road, Suite 600
October 31, 2022
NCDEQ — Division of Water Resources
Raleigh Regional Office
1628 Mail Service Center
Raleigh, NC 27699-1628
RE: Junction and Ferrell Infrastructure, Durham, NC- Permitting of Additional Flow
The Fast -Track Sewer System Extension Application for the NC 55 and Hopson Project, form
FTA 06-21, indicates that the application is for infrastructure only and that the permitted flow is
zero. Section VI. 8 of the application requests that supplementary information be provided
indicating the approximate timeline for permitting upstream sewer flow to the infrastructure
proposed with Junction and Ferrell.
The first request for permitting of additional upstream flow is likely to take place within the next
year. However, full build out of the project and permitting of flow will potentially extend over the
next 10 years. In that time, it is likely that a request to permit upstream flow will take place
sporadically every 1-3 years until full build out is reached.
Please contact me at (908) 655-5632 or Ands scannell ro erties.com should you have any
questions.
Sincerely,
di
Andy Smith, P.E.
Development Manager
Robinson, Jason
From: Courtney Kanzinger <courtneyk@scannellproperties.com>
Sent: Wednesday, March 15, 2023 10:33 AM
To: Robinson, Jason; Westwood, Kelsey; Marc Pfleging; Wiesehahn, Austin; Arnold, Chloe
Cc: Joyner, Robert; Kurtz, Cassidy; Myers, Joseph M; Andrew Smith;
susan.wilson@ncdenr.gov; Manuel, Vanessa
Subject: [External] RE: RE: Junction and Ferrell - Pump Station and Force Main
CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to
Resort Spam.
Confirmed, we understand and agree with the below.
Thanks,
Courtney Kanzinger I Scannell Properties
t1 317.979.5841
scan nell ro erties.com
SCANNELL
From: Robinson, Jason <jason.t.robinson@ncdenr.gov>
Sent: Wednesday, March 15, 2023 10:03 AM
To: Westwood, Kelsey <Kelsey.Westwood@kimley-horn.com>; Marc Pfleging <marcp@scannellproperties.com>;
Wiesehahn, Austin <Austin.Wiesehahn@kimley-horn.com>; Arnold, Chloe <Chloe.Arnold@kimley-horn.com>; Courtney
Kanzinger <courtneyk@scannellproperties.com>
Cc: Joyner, Robert <Robert.Joyner@durhamnc.gov>; Kurtz, Cassidy <Cassidy.Kurtz@ncdenr.gov>; Myers, Joseph M
<joseph.myers@ncdenr.gov>; Andrew Smith <andys@scannellproperties.com>; susan.wilson@ncdenr.gov; Manuel,
Vanessa <vanessa.manuel@ncdenr.gov>
Subject: RE:RE: Junction and Ferrell - Pump Station and Force Main
Hi Kelsey,
Apologies, but I don't totally understand that.
Item VI.2 of the application was checked "yes" for the permittee being a developer that will later sell the lots. One of
the main purposes of the Developer's Operational Agreement is owner of the permit (Sanell Properties #515, LLC)
agrees to create an Association and transfer ownership of the permit (and therefore the sewerlines) to an Association
that will then own/maintain the line after it's constructed and the lots are sold. If a transfer to an Association does not
occur, Scannell Properties #515, LLC will continue to be the permittee, and will be responsible for the operation and
maintenance of the sewerline in perpetuity.
We'll issue the permit/DOA as -is, but please keep in mind that if the project isn't transferred to an Association after
construction/certification, Scannell Properties will continue to be the permittee/owner and be responsible for
operating/maintaining the sewerline and pump station in perpetuity.
Thanks,
Jason
------------
Jason T. Robinson, P.E.
Raleigh Regional Office
Water Quality Regional Operations
NC Division of Water Resources, DEQ
919-791-4200
** Friday, March 17, 2023 will be my last day in the DWR Raleigh Regional Office **
D�- - --71
-E ft `
[1rt�Wilrnar�t nl invirge�mfnf»I QrKrl. h,
Email correspor�deoce to and from this address is subject to the Nor-th
Cc'tr-ofina Public Records Law and may be disclosed to third Patties
From: Westwood, Kelsey <Kelsev.Westwood@kimlev-horn.com>
Sent: Tuesday, March 14, 2023 10:38 AM
To: Robinson, Jason <jason.t.robinson@ncdenr.gov>; Marc Pfleging <marcp@scannellproperties.com>; Wiesehahn,
Austin <Austin.Wiesehahn@kimlev-horn.com>; Arnold, Chloe <Chloe.Arnold@kimlev-horn.com>; Courtney Kanzinger
<courtneyk@scannellproperties.com>
Cc: Joyner, Robert <Robert.Joyner@durhamnc.gov>; Kurtz, Cassidy <Cassidy.Kurtz@ncdenr.eov>; Myers, Joseph M
<joseph.myers@ncdenr.eov>; Andrew Smith <andvs@scannellproperties.com>
Subject: [External) RE: Junction and Ferrell - Pump Station and Force Main
ICAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to
Report Spam.
Hi Jason,
We handled this one similarly to how we handled the operational agreement for NC55 and Hopson (attached for
reference). We are agreeing to record a Declaration, but we combined a few paragraphs together and modified the
wording because what we are recording is titled a "Common Maintenance and Cross Easements Agreement", not a
"Declaration of Unit Ownership".
Let us know if this helps clarify. I've copied in Courtney from Scannell to answer any additional questions if we need to
follow up.
Thanks,
Kelsey Westwood, P.E.
Kimley-Horn 1 300 Morris Street, Suite 200, Durham, NC 27701
Direct: (919) 237 9483 1 Mobile: (540) 383 8143 1 www.kimley-horn.com
From: Robinson, Jason <jason.t.robinson@ncdenr.gov>
Sent: Friday, March 10, 2023 4:50 PM
To: Marc Pfleging <marcn@scannellproperties.com>; Westwood, Kelsey <Kelsey.Westwood@kimley-horn.com>
Cc: Joyner, Robert <Robert.Joyner@durhamnc.gov>; Kurtz, Cassidy <Cassidy.Kurtz @ncdenr.go >; Myers, Joseph M
<loseph.myers@ncdenr.�ov>
Subject: Junction and Ferrell - Pump Station and Force Main
Kelsey and Marc,
We're reviewing the referenced sewer extension application, and have the following question:
Item VIZ of the application was checked "yes" for a developer later selling the lots. Therefore, a Developer's
Operational Agreement (DOA) was included in the submittal. However, it appears that Item 5 of the first part of the
Agreement was omitted that talks about the Developer forming an Association that the permit will be transferred to
after construction/certification. This is the part that is in the DOA on the website (here), but was not in the DOA that
was submitted:
Idle DEVE IJ)VI-R llw% e:lutied it, he timitell or will cmY r it, he luri1 ed :it the lituv %r1' iiling of tilt:
I1edar:ltioll, (ifercinaftcr
A it Iit) it -profit coiltiW31itsn and ONi.tin_,. IIIkd ral)d %11110 \ irlue R,ftht" laws 4 &the Suvc
ol, ,'Nl11E11 Carolina. till. div purpose, :1lnlill" r+ther:, of Ilallilling Lite properl\, and ofthe
Dcvelopilleill: tit lillelaling, IllaillulI11111'�' Ee-4t11lktllfl'Ilnl ;1lid fc1l;EIr1IIL 1114 collICilrin elet1IC111 ofthe lands
and nnprovCTllelltS titlhtt•Ct to lilllt 4Ytl'Fla'shih. Including the N) ,p .sal SN' cill: :111d ill C1,11ecting ducC :Intl
;I!Cit�,�lll�lliw 1u provide llllld'. (M st1CI1 OJICll6011. .111kilelmil..
Do you know why this Item was omitted in the DOA that was submitted?
------------
Jason T. Robinson, P.E.
Raleigh Regional Office
Water Quality Regional Operations
NC Division of Water Resources, DEQ
919-791-4200
** Friday, March 17, 2023 will be my last day in the DWR Raleigh Regional Office **
E,
ID,
F1C17lrtr1Ftnl C+f rn�: ir6n:nCnl it atii+lily
Email correspondence t0 and from this address is subject to the North
Ca Salina Public Records Late and may be disclose(( to third parttes.