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HomeMy WebLinkAboutWQ0044720_Application (FTSE)_20230906 NCDeptofEnvrronrrtenralL lt State of North Carolina � Department of Environmental Quality DWR SEP - Division of Water Resources ^ AST TRACK SEWER SYSTEM EXTENSION APPLICATION Division of Water Resources pp__'' p� FTA 06-21 &SUPPORTING DOCUMENTATION Ruilelgb ttiCllinn..t Am, Application Number:(,ta� f 7 Z- ) (to be completed by DWR) All items must be completed or the application will be returned 1. APPLICANT INFORMATION: 1. Applicant's name: Capital Properties of Raleigh 11,LLC(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: David Stallings per 15A NCAC 02T .0106(b) Title: Manager 4. Applicant's mailing address: 2840 Plaza Place Suite 200 City: Raleigh State: NC Zip: 27612- 5. Applicant's contact information: Phone number: (919)746-6048 Email Address: david(o)shenandeahhornes.us Il. PROJECT INFORMATION: 1. Project name:3404 Page Road Private Sewer 2. Application/Project status: ® Proposed(New Permit) ❑ Existing Permit/Project 1f a modification,provide the existing permit number: WQ00 and issued date: , For modifications,also attach a detailed narrative description as described in Item G of the checklist. If new construction,but part of a master plan,provide the existing permit number: WQ00 3. County where project is located: Durham 4. Approximate Coordinates(Decimal Degrees): Latitude: 35.9022" Longitude: 78.8212' 5. Parcel ID(if applicable): 157692(or Parcel ID to closest downstream sewer) 111. CONSULTANT INFORMATION: 1. Professional Engineer: Pamela xistner License Number: 023121 Firm: Stewart Mailing address: 101 West Main Street City: Durham State: NC Zip: 27701- Phone number: (919) 866-4722 Email Address: pkistner@stewartinc.com IV. WASTEWATER TREATMENT FACILITY(WWTF)INFORMATION: 1. Facility Name:Triangle Wastewater Treatment Facility Permit Number: NCO026051 Owner Name: Durham County V. RECEIVING DOWNSTREAM SEWER INFORMATION: 1. Permit Number(s): WQ2043182 2. Downstream(Receiving)Sewer Information: 8 inch N Gravity U Force Main 3. System Wide Collection System Permit Number(s)(if applicable): WQCS00038 Owner Name(s):Durham County FORM: FTA 06-21 Page 1 of 5 VI. GENERAL REQUIREMENTS I. 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 De%eipper•ti Uperaitonal_AZi-cement(WR4t: DEV)been attached'? ® Yes ❑ No ❑ NSA 3. If the Applicant is a Home:'Property Owners'Association,has an HO_A/POA Operational Agreement(I ORM. FIOAJ and supplementary documentation as required by 15A NCAC 02T.01 15(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 r 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: 10O% Domestic %Commercial %Industrial(See 15A NCAC 02T„0103(20)) If Industrial, is there a Pretreatment Program in effect?❑ Yes[:] No 6. Hasa flow reduction been approved under 15A NCAC 02T .01 141 t)? [:] 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°b No. of Units Flow Residential Townhomes 360 gaVday 10 3,600 GAD gall GPD gat' GPD gal/ GPD gaU GPD gaU GPD Total 3,600 GPD a See 15A NCAC 02'r .01 14 b d . e i and e 2 for caveats to wastewater design flow rates (i.e., minimum flow per dwelling;proposed unknown non-residential development uses;public access facilities located near high public use areas; and residential property located south or east of the Atlantic Intracoastal Waterway to be used as vacation rentals as defined in G.S.42A-4). b Per 15A NCAC 02T .01 t4(c),design flow rates for establishments not identified[in table 15A NCAC 02T.01 14] shall be determined using available flow data,water using fixtures,occupancy or operation patterns,and other measured data. 8. Wastewater generated by project: 3,600 GPD(per 15A NCAC 024' .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 gravity sewer to be permitted: Size(inches) Length (feet) Material 8 209 PVC Y Section II &III of the MDC for Permitting of Gravity Sewers contains information related to design criteria �- Section III contains inforniation related to minimum slopes for gravity sewer(s) Oversizing lines to meet minimum slope requirements is not allowed and a violation of the MDC VIII. PUMP STATION DESIGN CRITERIA(If Applicable)—02T.0305 & MDC (Pump Stations/Force Mains): PROVIDE A SEPARATE COPY OF THIS PAGE FOR EACH PUMP STATION INCLUDED IN THIS PROJECT 1. Pump station number or name: 2. Approximate Coordinates(Decimal Degrees): Latitude: Longitude: 3. Total number of pumps at the pump station: 3. Design flow of the pump station: gallons per day(firm capacity) ➢ This should reflect the total GPM for the pump station with the largest pump out of service. 4. Operational point(s)per pump(s): gallons per minute(GPM)at feet total dynamic head(TDH) 5. Summarize the force main to be permitted(for this Pump Station): Size(inches) Length(feet) Material If any portion of the force main is less than 4-inches in diameter,please identify the method of solids reduction per MDCPSFM Section 2.0 IC.l.b. ❑Grinder Pump ❑ Mechanical Bar Screen ❑ Other(please specify) 6. Power reliability in accordance with 15A NCAC 02T .0305(h)(I 1: ❑ Standby power source or ❑ Standby pump r 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 i 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 t5A NC ACO2T.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: i 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(t)& (g 1 ® Yes ❑ No 15A NCAC 02T.0305 contains minimum separations that shall be provided for sewers stems: Setback Parameter* Separation Required Storm sewers and other utilities not listed below(vertical) 18 inches '-Water mains(vertical-water over sewer preferred, including in benched trenches) 18 inches '-Water mains(horizontal) 10 feet Reclaimed water lines(vertical -reclaimed over sewer) 18 inches Reclaimed water lines(horizontal - reclaimed over sewer) 2 feet **Any private or public water supply source, including any wells,WS-1 waters of Class 1 or Class 11 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(p,see Section X.I of this application *I5A NCAC 021.0305(g}contains alternatives where separations in 02T.0305(f)cannot be achieved. Please check"yes" above if these alternatives are used and provide narrative information to explain. **Stream classifications can be identified using the Division's NC Surface Water Classifications webpaar 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.0406(Q 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: 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 213.0202 5. Does the project require coverage/authorization under a 404 Nationwide/individual permits ❑ Yes ® No or 401 Water Quality Certifications'? 1. 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(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 Pennittmg of Pump Stallmis and Force Mains(latest version),and the Gravity Se.Yer Minimum Design Criteria.. latest version as applicable? ® Yes ❑ No If no, for projects requiring a single variance, complete and submit the Variance.Alternative Design Request application (VADC 10-14) and supporting documents for review to the Central Office. Approval of the request will be issued concurrently with the approval of the permit, and projects requiring a variance approval may be subject to longer review times. For proiects requiring two or more variances or where the variance is determined by the Division to be a significant portion of the project,the full technical review is required. 2. Professional Engineer's Certification: 1, Pamela A. Kistner —,attest that this application for _3404 Page Road Private Sewer (Pmfessional Engineer's name from Application Item III 1.1 (Project Name Imnt Applicatwn Item I1.1) 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 Desiron Criteria for Gravity Sewers(latest version), and the Minimum Design Criteria for the I as[-Track Pernutim 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 143-215.6B, any person who knowingly makes any false statement, representation, or certification in any application package shall be guilty of a Class 2 misdemeanor, which may include a fine not to exceed$10,000,as well as civil penalties up to$25,000 per violation.Misrepresentation of the application information,including failure to disclose any design non-compliance with the applicable Rules and design criteria,may subject the North Carolina-licensed Professional Engineer to referral to the licensing board. (21 NCAC 56.0701) North Carolina Professional Engineer's seal,signature,and date: �.• A RO••,� g . (, Q�.oE�ss�o• Sys c SEAL i i 023121 ` • q. ••• '•.fMCI Nt�:.•fa�t��• 8/'1/2C 3. Applicant's Certification per 15A NCAC 02T.0106(b): I, David Stallings ,attest that this application for 3404 Page Road Private Sewer (Signature Authority Name from Application Item 1.3) (Pmject Name from Application Item 11 1 i 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 1 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 S25,000 per violation. Signature: Date: FORM: FTA 06-21 Page 5 of 5 NC Dept of Environmental Quality State of North Carolina ` Department of Environmental Quality Division of Water Resources Dlvlslon of Water Resources Flow Tracking for Sewer Extension Applications Meigh Regional Office (FTSE 10-18) Entity Requesting Allocation: Capital Properties of Raleigh 11, LLC Project Name for which flow is being requested: 3404 Page Road Private Sewer 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. I. Complete this section only if you are the owner of the wastewater treatment plant. a. WWTP Facility Name: Triangle Wastewater Treatment Plant b. WWTP Facility Pen-nit #: NCO026051 Al!flows are in MGD c. WWTP facility's permitted flow 12 d. Estimated obligated flow not yet tributary to the WWTP 2.475 e. WWTP facility's actual avg. flow 4.389 f Total flow for this specific request 0.0036 g. Total actual and obligated flows to the facility 6.868 h. Percent of permitted flow used 57.2 II. Complete this section for each pump station you are responsible for along the route of this proposed wastewater flow. List pump stations located between the project connection point and the WWTP: (A) (B) (C) (D)=(B+C) (E)=(A-D) Design Average Approx. Obligated, Total Pump Pump Daily Current Not Yet Current Station Station Firm Flow** Avg. Daily Tributary Flow Plus (Name or Permit Capacity, * (Firm pf), Flow, Daily Flow, Obligated Available Number) No. MGD MGD MGD MGD Flow Capacity*** Stirru Iron W 0039913 6.50 2.60 1.197 0.638 1.835 0.765 * The Firm Capacity (design flow)of any pump station is defined as the maximum pumped flow that can be achieved with the largest pump taken out of service. ** Design Average Daily Flow is the firm capacity of the pump station divided by a peaking factor (pf) not less than 2.5,per Section 2.02(A)(4)(c)of the Minimum Design Criteria. *** A Planning Assessment Addendum shall be attached for each pump station located between the project connection point and the WWTP where the Available Capacity is<0. Downstream Facility Name (Sewer): Durham County Sewer Downstream Permit Number: WQCS00038 Page l of 6 FTSF 10-18 I11. Certification Statement: I 3iubcaii ac',Wcertify to the best of my knowledge that the addition of the volume of wastewater to be ermitted in this project has been evaluated along the route to the receiving wastewater treatment facility and that the flow from this project is not anticipated to cause any capacity related sanitary sewer overflows or overburden any downstream pump station en route to the receiving treatment plant under normal circumstances, given the implementation of the planned improvements identified in the planning assessment where applicable. This analysis has been performed in accordance with local established policies and procedures using the best available data. This certification applies to those items listed above in Sections I and lI plus all attached planning assessment addendums for which 1 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. g 1-'-a I ao Z3 Signing (ffidcial Signature Date ' t�-W c.INr- J"-�� Title of Signing Official Page 2 of b FTSE 10-1 R 1111SGS DEVARTME PiT Of THE'NTOWN ,•,��w• SOUTHEAST DURHAM QUADRANGLE 'M,u GEc•.OOKAL SONET 101 US TUpO .. MDIIMCAb;Ma .. r S.Mssrrr uRm 1�.-�\�' _� E � t /-, c ;i �- /�' _-,�j - fir'' •�,/ I, — + _f tit E,—•• t — v _ mil^—_ ,. till - �J�. f- _..'., !, .. -- I�♦ -f + i ` ' �� r• G ' r xuFic 1s wm•�� N ,� _« -- � T ,.• ..� . N �{ tit.. MMiMMMVMIM LYY4rYr+tY 1w•.v • VALE I I.Ow 4rM MswwwY�.rn.iw =a"�i,.W��•�'«w�n��.N„ ••1•- �'� fOY,MEKTpIRNAM,MC ....� »u 6/16/2020 Durham Maps City of Durham and Durham County low Ja W !� • � r i� 9+r � a- .i 7-4 !c , r� Address Points Parcels,Durham County City of Raieigh,NC CGIA,USDA FSA I Esr Community Maps Contributors City of Raleigh Town of Cary.County of Durham,State of North Carolina DOT,BuwldingFootprintUSA,Fsn,HERE Gar 300 R https://maps.durhamnc.gov/?x=35.90173608725822&y=-78.81793631346922&z=4513.9887055&r-0&b=1&s=default&l=active_address_points,county... 1/1 't LIMITED LIABILITY COMPANY ANNUAL REPORT NAME OF LIMITED LIABILITY COMPANY: Capital Properties of Raleigh ll, LLC Filing Office Use Only SECRETARY OF STATE ID NUMBER: 1245241 STATE OF FORMATION: NC E-Filed Annual Report 1245241 CA202302501536 REPORT FOR THE CALENDAR YEAR: 2023 1125/2023 11:46 SECTION A: REGISTERED AGENT'S INFORMATION Changes 1. NAME OF REGISTERED AGENT: Stallings, David M. 2.SIGNATURE OF THE NEW REGISTERED AGENT: SIGNATURE CONSTITUTES CONSENT TO THE APPOINTMENT 3. REGISTERED AGENT OFFICE STREET ADDRESS&COUNTY 4. REGISTERED AGENT OFFICE MAILING ADDRESS 3724 National Drive 3724 National Drive, Ste 215 Raleigh, NC 27612 Wake County Raleigh, NC 27612 SECTION B: PRINCIPAL OFFICE INFORMATION 1. DESCRIPTION OF NATURE OF BUSINESS: Property Investment 2.PRINCIPAL OFFICE PHONE NUMBER: (984) 200-5540 3. PRINCIPAL OFFICE EMAIL: Privacy Redaction 4. PRINCIPAL OFFICE STREET ADDRESS 5. PRINCIPAL OFFICE MAILING ADDRESS 3724 National Drive, Ste 215 3724 National Drive, Ste 215 Raleigh, NC 27612-6343 Raleigh, NC 27612-6343 6. Select one of the following if applicable. (Optional see instructions) ❑ The company is a veteran-owned small business ❑ The company is a service-disabled veteran-owned small business SECTION C: COMPANY OFFICIALS(Enter additional company officials in Section E.) NAME: David M Stallings NAME: NAME: TITLE: Manager TITLE: TITLE: ADDRESS: 3724 National Drive ADDRESS: ADDRESS: Ste 215 Raleigh, NC 27612 SECTION D:CERTIFICATION OF ANNUAL REPORT. Section D must be completed in its entirety by a person/business entity. David M Stallings 1/25/2023 SIGNATURE DATE Form must be signed by a Company Official listed under Section C of This form David M Stallings Manager Print or Type Name of Company Official Print or Type Title of Company Official This Annual Report has been filed electronically. MAIL TO-Secretary of State. Bus ness Registration Division,Post Office Box 29525.Raleigh,NC 27626-0525 STATE OF NORTH CAROUNA COUNTY OF Durham Permit No. DEVELOPER'S OPERATIONAL AGREEMENT This AGREEMENT made pursuant to G.S. 143-215.1 (dl) and entered into this day of , by and between the North Carolina Environmental Management Commission, an agency of the State of North Carolina, hereinafter known as the COMMISSION; and Capital Properties of Raleigh II, L LC a corporation/general partnership registered/licensed to do business in the State of North Carolina, hereinafter known as the DEVELOPER. WITNESSETH; 1. The DEVELOPER is the owner of the certain lands lying in Du rham County, upon which it is erecting and will erect dwelling units and other improvements, said development to beknown as Page Oaks (hereinafter the Development). 2. The DEVELOPER desires, to construct a wastewater collection system with pumps, wastewater treatment works, and/or disposal facilities (hereinafter Disposal System) to provide sanitary sewage disposal to serve the Development on said lands. 3. The DEVELOPER has applied to the COMMISSION for the issuance of a permit pursuant to G.S. 143- 215.1 to construct, maintain, and operate the Disposal System. 4. The DEVELOPER has created or shall create unit ownership in said dwellings units, other improvements and lands through filing of a Declaration of Unit Ownership (hereinafter Declaration),pursuant to Chapter 47C or 47F of the North Carolina General Statutes. 5. The DEVELOPER has caused to be formed or will cause to be formed at the time of filing of the Declaration, Page Oaks Homeowners Association Inc . (hereinafter Association), a non-profit corporation organized and existing under and by the virtue of the laws of the State of North Carolina, for the purpose, among others, of handling the property, affairs and business of the Development; of operating, maintaining, re-constructing and repairing the common elements of the lands and improvements subject to unit ownership, including the Disposal System; and of collecting dues and assessments to provide funds for such operation, maintenance, re-construction and repair. 6. The COMMISSION desires to assure that the Disposal System of the Development is properly constructed, maintained and operated in accordance with law and permit provisions in order to protect the quality of the waters of the State and the public interest therein. NOW,THEREFORE, in consideration of the promises and the benefits to be derived by each of the parties hereto, the COMMISSION and DEVELOPER do hereby mutually agree as follows: 1. The DEVELOPER shall construct the Disposal System in accordance with the permit and plans and specifications hereafter issued and approved by the COMMISSION, and shall thereafter properly operate and maintain such systems and facilities in accordance with applicable permit provisions andlaw. 2. The DEVELOPER shall not transfer ownership and/or control of the Disposal System to the Association until construction has been completed in accordance with the permit and approved plans, and the staff'of the Division of Water Resources has inspected and approved of the facilities. In order to change the name of the permit holder, the DEVELOPER must request that the permit be reissued to the Association. The request must include a copy of the Association Bylaws andDeclaration. 3. The DEVELOPER shall not transfer, convey, assign or otherwise relinquish or release its responsibility for the operation and maintenance of its Disposal System until a permit has been reissued to the DEVELOPER's successor. 4. The DEVELOPER shall provide in the Declaration and Association Bylaws that the Disposal System and appurtenances thereto are pant of the common elements and shall thereafter be properly maintained and operated in conformity with law and the provisions of the permit for construction, operation, repair, and maintenance of the system and facilities. The Declaration and Bylaws shall identify the entire wastewater treatment, collection and disposal system as a common element which will receive the highest priority for expenditures by the Association except for Federal, State, and local taxes andinsurance. 5. The DEVELOPER shall provide in the Declaration and Association Bylaws that the Disposal System will be maintained out of the common expenses. In order to assure that there shall be funds readily available to repair, maintain or construct the Disposal System, beyond the routine operation and maintenance expenses, the Declaration and Association Bylaws shall provide that a fund be created out of the common expenses. Such fund shall be separate from the routine maintenance funds allocated for the facility and shall be part of the yearlybudget. 6. In the event the common expense allocation and separate fund are not adequate for the construction, repair, and maintenance of the Disposal System, the Declaration and Association Bylaws shall provide for special assessments to cover such necessary costs. There shall be no limit on the amount of such assessments, and the Declaration and Bylaws shall provide that such special assessments can be made as necessary at any time. 7. If a wastewater collection system and wastewater treatment 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 mayrequire as condition of accepting the Development's wastewater. 8. Recognizing that it would be contrary to the public interest and to the public health, safety and welfare for the Association to enter into voluntary dissolution without having made adequate provision for the continued proper maintenance, repair and operation of its Disposal System, the DEVELOPER shall provide in the Association Bylaws that the Association shall not enter into voluntary dissolution without first having transferred its said system and facilities to some person, corporation or other entity acceptable to and approved by the COMMISSION by the issuance of apermit. 9. The agreements set forth in numbered paragraphs 1, 2, 3, 41 51 6, 7, and 8 above shall be conditions of any permit issued by the COMMISSION to the DEVELOPER for the construction, maintenance, repair and operation of the Disposal System. 10. A copy of this agreement shall be filed at the Register of Deeds in the County(ies) where the Declaration is filed and in the offices of the Secretary of State of North Carolina with the Articles of Incorporation of the Association. IN WITNESS WHEREOF, this agreement was executed in duplicate originals by the duly authorized representative of the parties hereto on the day and year written as indicated by each of the parties named below: FOR THE ENVIRONMENTAL Capital Propert' es of Raleigh II, ?. MANAGEMENT COMMISSION Name of DEVEL R B : S. Daniel Smith (Signa ur Director, Division of Water Resources David Stallings, manager Print Name and Title (Date) (Date) STEWART 3404 Page Road Private Sanitary Sewer Extension Narrative City of Durham, Durham County, North Carolina The referenced site is located west of Page Road and north of Pulitzer Lane. The private sanitary sewer extension is to be built to serve 10 residential townhome units. The private sewer main will be conveyed to an existing public sanitary sewer system that serves the of the development. Below is a table estimating the flows for this system at the ultimate build-out. The following flow rates have been determined using the NCDENR Division of Water Quality 02T Standards: TOTAL PHASE USE # UNIT G/D/SF FLOW alud a/ da 3 Bedroom 1 Townhome 10 Bedrooms 360 3,600 Sub Total 3,600 STRONGER BY DESIGN 101 WEST MAIN ST T 919 380 875 DURHAM,NC 27701 F 919 380 875. �-I-j NC Dept of Environmental Quality STEWART SEP —g LETTER OF TRANSMITTAL Raleigh Regional Office 3404 PAGE ROAD — PRIVATE SANITARY SEWER EXTENSION TO: FROM Pamela Kistner DWR Civil Engineering Practice 3800 Barrett Drive 223 S. West Street, Suite 1100 Raleigh, NC 27609 Raleigh, NC 27603 919 866-4722 pkistner@stewartinc.com DATE: 9/5/2023 SENT VIA: Hand Delivered PROJECT NUMBER: (Internal: L17024) PROJECT NAME: 3404 Page Road Private Sewer COPIES: DATE: DESCRIPTION: 2 8/7/2023 Application FTA 06-21 and Supporting Documents (LLC Annual Report, narrative, USGS map, aerial and Developer's Operational agreement) 1 9/5/2023 Transmittal 1 9/5/2023 Application Fee of$480 2 8/28/2023 Construction Documents Drawing Set (approved by Durham County) 2 8/28/2023 FTSE 10-18 signed by Durham County X For approval For review and comment Returned for corrections For your use Approved as submitted Returned after review As requested Approved for signature Resubmit copies for approval COMMENTS: Private sanitary sewer extension to be built to serve 10 residential townhomes. The private sewer will be conveyed to an existing public sanitary sewer system with a flow rate of 10 units with 3 bedrooms at 360 gal/u/day for a total flow of 3600 gal/day. SIGNED: COPIED TO: File CHARLOTTE / DURHA, kA,.FIGH WILMINGTON ! COLUMBIA, SC