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WQ0044596_Application (FTSE)_20231012
NC Dept. of Environmental Quality State of North Carolina Sep 15 2023 Department of Environmental Quality DWR Raleigh Regional Office Division of Water Resources FAST TRACK SEWER SYSTEM EXTENSION APPLICATION Division of Water Resources FTA 06-21 & SUPPORTING DOCUMENTATION Application Number: W00044596 (to 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 ❑ Federal ❑ State/County ❑ Municipal 3. Signature authority's name: Lauren Raup-Plummer, PE per 15A NCAC 02T .0106(b) Title: Engineering Manager 4. Applicant's mailing address: 202 MacKenan Court City: Cary State: NC Zip: 27511- 5. Applicant's contact information: Phone number: (919) 653-6977 Email Address: LARaupPlummer@aquaamerica.com II. PROJECT INFORMATION: 1. Project name: Lasater Farms ® Privately -Owned Public Utility ❑ Other 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 pen -nit number: WQ00 3. County where project is located: Wake 4. Approximate Coordinates (Decimal Degrees): Latitude: 35.64808' Longitude:--78.74312° 5. Parcel ID (if applicable): 0679603162 (or Parcel ID to closest downstream sewer) III. CONSULTANT INFORMATION: 1. Professional Engineer: Jamie Guerrero, PE License Number: 034417 Firm: Morris & Ritchie Associates of NC, PC Mailing address: 530 Hinton Pond Road, Suite 104 City: Knightdale State: NC Zip: 27545- Phone number: (984) 200-2103 Email Address: jguerrerogmragta.coin IV. WASTEWATER TREATMENT FACILITY (WWTF) INFORMATION: 1. Facility Name: Crooked Creek WWTP Pen -nit Number: NCO062175 Owner Name: Aqua North Carolina, Inc. V. RECEIVING DOWNSTREAM SEWER INFORMATION: 1. Pennit Number(s): WQ0018306 2. Downstream (Receiving) Sewer Information: 8 inch Z Gravity ❑ Force Main 3. System Wide Collection System Permit Number(s) (if applicable): WQCS N/A 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 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.0I 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 / dental / veterinary facilities ❑ Swimming Pool/Clubhouse ❑ Food and drink facilities ❑ Church ❑ Swimming Pool/Filter Backwash ❑ Businesses / offices / factories ❑ Nursing Home ❑ Other (Explain in Attachment) 5. Nature of wastewater: 100 % Domestic % Commercial % Industrial (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 14(f)? ❑ Yes ®No Flow = 37,920 GPD ➢ If yes, provide a copy of flow reduction approval letter with this application per 10/ 12/23 Narrative 7. Summarize wastewater generated by project: Establishment Type (see 02T.0114(f)) Daily Design Flow a,b No. of Units Flow Single Family Homes - 4 bedrooms 300 gal/day/unit 79 23,700 GPD gal/ GPD gal/ GPD gal/ GPD gal/ GPD gal/ GPD Total 23,700 GPD a See 15A NCAC 02T .0114(b). (d). (e)(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 G.S. 42A-4). b Per 15A NCAC 02T .0114(c), design flow rates for establishments not identified [in table 15A NCAC 02T.0114] shall be determined using available flow data, water using fixtures, occupancy or operation patterns, and other measured data. 8. Wastewater generated by project: GPD (per 15A 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 gravity sewer to be permitted: Size (inches) Length (feet) Material 8" 2,072 PVC 8" 753 DIP ➢ 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: 2. Approximate Coordinates (Decimal Degrees): Latitude: 0Longitude: - ° 3. Total number of pumps at the pump station: 3. Design flow of the pump station: millions gallons per day (fine 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 2.01 C.1.b. ❑ Grinder Pump ❑ Mechanical Bar Screen ❑ Other (please specify) 6. Power reliability in accordance with 15A NCAC 02T .0305(h)(1): ❑ Standby power source or ❑ Standby pump ➢ Must have automatic activation and telemetry - 15A NCAC 02T.0305(h)(1)(B)_ ➢ Required for all pump stations with an average daily flow greater than or equal to 15,000 gallons per day ➢ Must be permanent to facility and may not be portable Or if the pump station has an average daily flow less than 15,000 gallons per day 15A NCACO2T.0305(h)(I)(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(fl & (g)? ® 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 2Water mains (horizontal) 10 feet Reclaimed water lines (vertical - reclaimed over sewer) 18 inches Reclaimed water lines (horizontal - reclaimed over sewer) 2 feet **Any private or public water supply source, including any wells, WS-I waters of Class I or Class II impounded reservoirs used as a source of drinking water, and associated wetlands. 100 feet **Waters classified WS (except WS-I or WS-V), B, SA, ORW, HQW, or SB from normal high water (or tide elevation) and wetlands associated with these waters (see item IX.2) 50 feet **Any other stream, lake, impoundment, or ground water lowering and surface drainage ditches, as well as wetlands associated with these waters or classified as WL. 10 feet Any building foundation (horizontal) 5 feet Any basement (horizontal) 10 feet Top slope of embankment or cuts of 2 feet or more vertical height 10 feet Drainage systems and interceptor drains 5 feet Any swimming pools 10 feet Final earth grade (vertical) 36 inches ➢ If noncompliance with 02T.0305 or see Section X.1 of this application *15A NCAC 02T.0305(a) contains alternatives where separations in 02T.0305(fl 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 webnafe 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: Neuse ❑ No If yes, does the project comply with setbacks found in the river basin rules per 15A NCAC 02B .0200? ® Yes ❑ No ➢ This includes Trout Buffered Streams per 15A NCAC 2B.0202 5. Does the project require coverage/authorization under a 404 Nationwide/individual permits ❑ Yes ® No or 401 Water Quality Certifications? ➢ Please provide the permit number/permitting status in the cover letter if coverage/authorization is required. 6. Does project comply with 15A NCAC 02T.0105(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 02T, 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 approval of the permit, and projects requiring a variance approval may be subject to longer review times. For projects requiring two or more variances or where the variance is determined by the Division to be a si2nificant portion of the project, the full technical review is required. 2. Professional Engineer's Certification: I, _Jamie B. Guerrero , attest that this application for Lasater Farms (Professional Engineer's name from Application Item III.1) (Project Name from Application Item II.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+��9�7�x1) North Carolina Professional Engineer's seal, signature, and date: ¢�M.;4 �• Q �9: i i � SEAL • :034417 • Applicant's Certification per 15A NCAC 02T .0106(b): 4 I, Lauren Raup-Plummer. PE, attest that this application for Lasater Farms (Signature Authority Name from Application Item I.3.) (Project Name from Application Item II.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. DocuSigned by: Signature: O-Lk� 4AY-�N_M.►+ti 9CBBE098WB49B... Date: 9/14/2023 FORM: FTA 06-21 Page 5 of 5 NC Dept. of Environmental Quality Oct 12 2023 State of North Carolina Raleigh Regional Office Department of Environmental Quality DWRDivision of Water Resources Division of Water Resources Flow Tracking for Sewer Extension Applications (FTSE 10-18) Entity Requesting Allocation: Aqua North Carolina, Inc. Project Name for which flow is being requested: Lasater Farms More than one FTSE may be required for a singleproject if the owner of the WWTP is not responsible for allpump 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: Crooked Creek WWTP b. WWTP Facility Permit #: NCO062715 c. WWTP facility's permitted flow d. Estimated obligated flow not yet tributary to the WWTP e. WWTP facility's actual avg. flow f. Total flow for this specific request g. Total actual and obligated flows to the facility h. Percent of permitted flow used All flows are in MGD 0.150 0.000 0.072 0.03792 0.10992 73.3% 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 Obligated, Pump Pump Average Approx. Not Yet Total Current Station Station Firm Daily Flow** Current Tributary Flow Plus (Name or Permit Capacity, * (Firm / pf), Avg. Daily Daily Flow, Obligated Available Number) No. MGD MGD Flow, MGD MGD Flow Capacity*** Sawyers LS-02 0.288 0.115 0.003 0.0379 0.0409 0.0741 * 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): Crooked Creek WWTP Downstream Permit Number: NCO062715 Page 1 of 6 FTSE 10-18 III. Certification Statement: I Lauren Raup-Plummer, PE certify to the best of my knowledge that the addition of the volume of wastewater to be permitted in this project has been evaluated along the route to the receiving wastewater treatment facility and that the flow from this project is not anticipated to cause any capacity related sanitary sewer overflows or overburden any downstream pump station en route to the receiving treatment plant under normal circumstances, given the implementation of the planned improvements identified in the planning assessment where applicable. This analysis has been performed in accordance with local established policies and procedures using the best available data. This certification applies to those items listed above in Sections I and II plus all attached planning assessment addendums for which I am the responsible party. Signature of this form certifies that the receiving collection system or treatment works has adequate capacity to transport and treat the proposed new wastewater. 61v61A1(-&mv6 rh&1 6z:ie.- Title of Signing Official Page 2 of 6 FTSE 10-18 PLANNING ASSESSMENT ADDENDUM (PAA) Submit a planning assessment addendum for each pump station listed in Section II where Available Capacity is < 0. Pump Station (Name or Number): Given that: a. The proportion and amount of Obligated, Not Yet Tributary Daily Flow (C) accounts for N/A % and N/A MGD of the Available Capacity (E) in Pump Station N/A ; and that b. The rate of activation of this obligated, not yet tributary capacity is currently approximately N/A MGD per year; and that c. A funded Capital Project that will provide the required planned capacity, namely N/A is in design or under construction with planned completion in N/A ; and/or d. The following applies: N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A Therefore: Given reasonably expected conditions and planning information, there is sufficient justification to allow this flow to be permitted, without a significant likelihood of over -allocating capacity in the system infrastructure. I understand that this does not relieve the collection system owner from complying with G.S. 143- 215.67(a) which prohibits the introduction of any waste in excess of the capacity of the waste disposal system. Signing Official Signature Date Page 3 of 6 FTSE 10-18 9 LAM rm PROP. 8" 5AN. 5EWER BORE UNDER STREAM EX. 55 MANHOLE ---� TIE-IN �1 � , fix" Imo �� Pe 4 al 500 0 500 1000 1500 al Qu o�r�l�on 3 SCALE 1 " = 500 �GDept. f Sep 15 2��?1Of lee e to MORRIS & RITCHIE ASSOCIATES OF NC, PC el Ae ENGINEERS, ARCHITECTS, PLANNERS, SURVEYORS AND LANDSCAPE ARCHITECTS USGS QUAD MAP rx.1 5605 CHAPEL HILL ROAD, STE. 112 RALEIGH, NC 27607 LASATER FARMS (984)200-2103 WWW.MRAGTA.COM ©2021 MORRIS B RITCHIE ASSOCIATES OF NC, PC, COUNTY, STATE SCALE: 1"=500' DATE: 09/19/2022 DRAWN BY- TAH DESIGN BY: TAH REVIEW BY: JBG JOB NO. : 21471 MORRIS & RITCHIE ASSOCIATES OF NC, PC ` V !P T 1, v T ^ AN AFFILIATE OF MORRIS & RITCHIE ASSOCIATES, INC. WHICH PROVIDES ENGINEERING, ARCHITECTURE, PLANNING, SURVEYING & 00 LANDSCAPE ARCHITECTURE THROUGHOUT THE MID -ATLANTIC REGION October 12, 2023 N.C. Department of Environmental Quality Division of Water Resources Raleigh Regional Office 1628 Mail Service Center Raleigh, NC 27699-1628 Dear Sir/Madam: Subject: Fast Track Sewer Extension Application Lasater Farms Apex, Wake County, NC Dear Sir/Madam: Enclosed is the FTA 04-16 and FTSE 10-18 for the sewer extension associated with the proposed Lasater Farms residential subdivision. Lasater Farms consist of 79 single family homes. The wastewater generated from the residential subdivision will be collected via an 8" gravity sewer extension from the existing Sawyers Mill subdivision. The total daily design flow is 37,920 gpd based on wastewater flow rate of 120 gallons per bedroom for single family residential units. The downstream wastewater treatment facility is Crooked Creek WWTP (NC0062175) owned and operated by Aqua North Carolina, Inc. The sewer extension does cross a jurisdictional stream. The crossing will be completed via a bore underneath the stream to avoid any stream/riparian buffer disturbance that would otherwise require a 401/404 permit. Applicant Information: Aqua North Carolina, Inc. Lauren Raup-Plummer, PE Engineering Manager 202 MacKenan Court Cary, NC 27511 LARauaPlummerPaauaamerica.com Design Engineer Information: Morris and Ritchie Associates of NC, PC Jamie Guerrero, PE, CPSWQ 530 Hinton Pond Road, Ste 104 Knightdale, NC 27545 Guerrero@mragta.com 530 Hinton Pond Road, Suite 104, Knightdale, NC 27545 (984) 200-2103 www.mragta.com Abingdon, MD ♦ Baltimore, MD ♦ Laurel, MD ♦ Towson, MD ♦ Georgetown, DE ♦ New Castle, DE ♦ Leesburg, VA ♦ Raleigh, NC (410) 515-9000 (443) 490-7201 (410) 792-9792 (410) 821-1690 (302) 855-5734 (302) 326-2200 (703) 994-4047 (984) 200-2103 Re: Lasater Farms Sewer Extension October 12, 2023 Page 2 of 2 Please let me know if you need additional information. Sincerely, Jamie pD . Digitally signed by JamieB. Guerrero Guerrero Date: 2023.10.1217:22:49 -04'00' Jamie Guerrero, PE, CPSWQ Principal MORRIS & RITCHIE ASSOCIATES OF NC, PC + _, M i ■ I T^ AN AFFILIATE OF MORRIS & RITCHIE ASSOCIATES, INC. WHICH r� PROVIDES ENGINEERING, ARCHITECTURE, PLANNING, SURVEYING & LANDSCAPE ARCHITECTURE THROUGHOUT THE MID -ATLANTIC REGION September 14, 2023 N.C. Department of Environmental Quality Division of Water Resources Raleigh Regional Office 1628 Mail Service Center Raleigh, NC 27699-1628 Dear Sir/Madam: Subject: Fast Track Sewer Extension Application Lasater Farms Apex, Wake County, NC Dear Sir/Madam: Enclosed is the FTA 04-16 and FTSE 10-18 for the sewer extension associated with the proposed Lasater Farms residential subdivision. Lasater Farms consist of 79 single family homes. The wastewater generated from the residential subdivision will be collected via an 8" gravity sewer extension from the existing Sawyers Mill subdivision. The total daily design flow is 23,700 gpd based on the recently reduced wastewater flow rate of 75 gallons per bedroom for single family residential units. The downstream wastewater treatment facility is Crooked Creek WWTP (NC0062175) owned and operated by Aqua North Carolina, Inc. The sewer extension does cross a jurisdictional stream. The crossing will be completed via a bore underneath the stream to avoid any stream/riparian buffer disturbance that would otherwise require a 401/404 permit. Applicant Information: Aqua North Carolina, Inc. Lauren Raup-Plummer, PE Engineering Manager 202 MacKenan Court Cary, NC 27511 LARaupPlummer@aquaamerica.com Design Engineer Information: Morris and Ritchie Associates of NC, PC Jamie Guerrero, PE, CPSWQ 530 Hinton Pond Road, Ste 104 Knightdale, NC 27545 iguerrero@mragta.com 530 Hinton Pond Road, Suite 104, Knightdale, NC 27545 (984) 200-2103 www.mragta.com Abingdon, MD ♦ Baltimore, MD ♦ Laurel, MD ♦ Towson, MD ♦ Georgetown, DE ♦ New Castle, DE ♦ Leesburg, VA ♦ Raleigh, NC (410) 515-9000 (443) 490-7201 (410) 792-9792 (410) 821-1690 (302) 855-5734 (302) 326-2200 (703) 994-4047 (984) 200-2103 Re: Lasater Farms Sewer Extension September 14, 2023 Page 2 of 2 Please let me know if you need additional information. Si n cer ly, r Jamie Guerrero, PE, C P S W Q Principal MORRIS & RITCHIE ASSOCIATES OF NC, PC : � ab.c ME AN AFFILIATE OF MORRIS &RITCHIE ASSOCIATES, INC. WHICH ' PROVIDES ENGINEERING, ARCHITECTURE, PLANNING, SURVEYING & LANDSCAPE ARCHITECTURE THROUGHOUT THE MID -ATLANTIC REGION July 14, 2023 bry N.C. Department of Environmental Quality Division of Water Resources Raleigh Regional Office 1628 Mail Service Center �� 0j��4zp Raleigh, NC 27699-1628 Dear Sir/Madam: Subject: Fast Track Sewer Extension Application Lasater Farms Apex, Wake County, NC Dear Sir/Madam: Enclosed is the FTA 04-16 and FTSE 10-18 for the sewer extension associated with the proposed Lasater Farms residential subdivision. Lasater Farms consist of 79 single family homes. The wastewater generated from the residential subdivision will be collected via an 8" gravity sewer extension from the existing Sawyers Mill subdivision. The total daily design flow is 37,920 gpd. The downstream wastewater treatment facility is Crooked Creek WWTP (NC0062175) owned and operated by Aqua North Carolina, Inc. Applicant Information: Aqua North Carolina, Inc. Lauren Raup-Plummer, PE Engineering Manager 202 MacKenan Court Cary, NC 27511 LARauoPlummer@aauaamerica.com Design Engineer Information: Morris and Ritchie Associates of NC, PC Jamie Guerrero, PE, CPSWQ 530 Hinton Pond Road, Ste 104 Knightdale, NC 27545 iuerrero@mragta.com Please let me know if you need additional information. Sincerely, Jamie Guerrero, PE, CPSWQ Principal 530 Hinton Pond Road, Suite 104, Knightdale, NC 27545 (984) 200-2103 www.mragta.com Abingdon, MD ♦ Baltimore, MD ♦ Laurel, MD ♦ Towson, MD ♦ Georgetown, DE ♦ New Castle, DE ♦ Leesburg, VA ♦ Raleigh, NC (410) 515-9000 (443) 490-7201 (410) 792-9792 (410) 821-1690 (302) 855-5734 (302) 326-2200 (703) 99"047 (994) 200-2103 BUSINESS CORPORATION ANNUAL REPORT ■ l t 12022 NAME OF BUSINESS CORPORATION: Aqua North Carolina, Inc. SECRETARY OF STATE ID NUMBER: 0072603 REPORT FOR THE FISCAL YEAR END: 12/31/2022 SECTION A: REGISTERED AGENT'S INFORMATION STATE OF FORMATION: NC 1. NAME OF REGISTERED AGENT: CT Corporation System 2, SIGNATURE OF THE NEW REGISTERED AGENT: E - Filed Annual Report D072603 CA202304102914 2/10/2023 04:30 �X Changes SIGNATURE CONSTITUTES CONSENT TO THE APPOINTMENT 3. REGISTERED AGENT OFFICE STREET ADDRESS & COUNTY 4. REGISTERED AGENT OFFICE MAILING ADDRESS 160 Mine Lake Ct Ste 200 Raleigh, NC 27615 Wake County SECTION B: PRINCIPAL OFFICE INFORMATION 1. DESCRIPTION OF NATURE OF BUSINESS: Water Utility 160 Mine Lake Ct Ste 200 Raleigh, NC 27615 2. PRINCIPAL OFFICE PHONE NUMBER: (877) 858_3855 3. PRINCIPAL OFFICE EMAIL: Privacy Redaction 4. PRINCIPAL OFFICE STREET ADDRESS 202 MacKenan Court 5. PRINCIPAL OFFICE MAILING ADDRESS 202 MacKenan Court Cary, NC 27511 Cary, NC 27511 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: OFFICERS (Enter additional officers in Section E.) NAME: Shannon V. Becker TITLE: President ADDRESS: NAME: Christopher P. Luning TITLE: Secretary Il1l�13V*R i 762 West Lancaster Avenue 202 MacKenan Court Bryn Mawr, PA 19010 Cary, NC 27511 NAME: Daniel J. Schuller TITLE: Chief Financial Officer /l111119]CI*13 202 MacKenan Court Cary, NC 27511 SECTION D: CERTIFICATION OF ANNUAL REPORT. Section D must be completed in its entirety by a person/business enti�y. Christopher P. Luning 2/10/2023 SIGNATURE Farm must be signed by an officer listed under Section C of this form. DATE Christopher P. Luning Secretary Print or Type Name of Officer Print or Type Title of Officer This Annual Report has been filed electronically. MAIL TO: Secretary of State, Business Registration Division, Post Office Box 29525, Raleigh, NC 27626-0525 C200910401560 PLAN AND AGREEMENT OF MERGER Between AQUA NORTH CAROLINA, INC. And HEATER UTILITIES, INC. THIS AGREEMENT, dated as of the 17th day of March, 2009 is made by and between, Aqua North Carolina, Inc., a North Carolina corporation ("Surviving Company"), and Heater Utilities, Inc., a South Carolina corporation ("Merging Company"). The Surviving Company and the Merging Company are collectively referred to as the "Merger Parties." RECITALS A. The Surviving Company is a North Carolina corporation which provides water and sewer services to customers located throughout North Carolina. B. The Merging Company is a South Carolina corporation which provides regulated water and wastewater service to approximately thirty-five counties in North Carolina. C. The Surviving Company is a wholly owned subsidiary of Aqua America, Inc., a Pennsylvania corporation (the "Ultimate Parent"). D. The Merging Company is a wholly owned subsidiary of Aqua America, Inc., a Pennsylvania corporation (the "Ultimate Parent"). E. The Merging Company and the Surviving Company are the constituent corporations to the merger contemplated by this Agreement (the "Merger"), which has been approved by duly adopted resolutions of the respective Boards of Directors and the Shareholders of the Merging Company, pursuant to which the Merging Company will be merged into the Surviving Company upon the terms and conditions set forth herein. F. The Merger Parties intend, by approving resolutions authorizing this Agreement, to adopt the Agreement as a "plan of reorganization" within the meaning of Section 368(a) of the Internal Revenue Code of 1986, as amended, and the regulations thereunder and to cause the merger to qualify as a reorganization under Section 368(a) (1) (A) of the Code. G. The Merger Parties filed a joint application before the North Carolina Utilities Commission (the "Commission") seeking authority for the merger and the Commission granted such authority on December 5, 2008, NOW THEREFORE, in consideration of the recitals, covenants and agreements herein contained, and intending to be legally bound hereby, the parties hereto agree as follows: C200910401560 1. The Merger 1.01 At the Effective Time (as defined in Section 1.05), the Merging Company shall be merged with and into the Surviving Company. The separate existence and corporate organization of the Merging Company shall thereupon cease and the Merging Company and the Surviving Company will be a single corporation. The Surviving Company shall continue in existence after the merger. The terms and conditions of the Merger, the terms of carrying the same into effect, and all other provisions deemed desirable in connection therewith are set forth in this Agreement. 1.02 The Surviving Company shall without further act or deed succeed to and possess all of the rights, privileges, powers and franchises, whether public or private in nature, and be subject to all the restrictions, disabilities, debts, obligations, duties and liabilities of the Merging Company. All property of every kind, whether real, personal, or mixed, belonging to Merging Company shall be vested in the Surviving Company without further act or deed and all debts, obligations, duties or other liabilities of any of the Merging Company shall thereby attach to and be assumed by the Surviving Company and may be enforced against it to the same extent as if the Surviving Company had itself incurred them. 1.03 Upon acceptance of this Plan of Merger, Articles of Merger ("Articles of Merger") shall be executed by the parties and filed with the Secretary of State of the Corporation Department of the State of South Carolina in accordance with the provisions of §33-11-105 of the 1976 South Carolina Code of Laws, as amended, and §33-11-107 (merger or share exchange with a foreign corporation). 1.04 Simultaneously with the filing described in Section 1.03, the parties shall also file Articles of Merger with the Secretary of State of the Corporation Department of the State of North Carolina in accordance with the provisions of the North Carolina General Statutes, §§ 55-01-05 et seq. 1.05 The Merger shall become effective at the time of filing of the Articles of Merger with the respective states, or, in the event of a delay in the filing, upon the date of the filing that is latest in time, such being herein called the "Effective Time." Name and Corporate Structure 2.01 The corporate existence and registered office in North Carolina of the Surviving Company shall be unaffected by the Merger. 2.02 The Articles of Incorporation of the Surviving Company shall be unaffected by the merger. The By-laws of the Surviving Company shall be unaffected by the Merger. 2.03 Upon the Effective Date, the directors and officers of the Surviving Company shall continue to serve as directors and officers of the Surviving Company until successors are elected and shall qualify. If, by reason of death or otherwise, any such person on the Effective Date cannot or will not act as a director or officer, the vacancy K • C200910401560 thereby created will be filled after the Merger becomes effective in accordance with the Bylaws of the Surviving Company. Upon the Effective Date, the term of office of each director and officer of each the Merging Company shall terminate. 2.04 The Merger shall not affect the issued or outstanding shares of capital stock of the Surviving Company and the number of authorized shares of the Surviving Company shall be unaffected by the Merger. 2.05 On the Effective Date, the stock transfer books of the Merging Company shall be deemed to be closed and no transfer or purported transfer of shares of the capital stock of the Merging Company shall thereafter be made, effected, consummated or given effect. 3. Effect of the Transaction 3.01 At the Effective Date, the following actions shall occur: (a) the separate existence of the Merging Company shall cease; (b) the Surviving Company shall possess all the rights, privileges, powers and franchises of each of the Merging Company; (c) all the property, real, personal and mixed, and franchises of the Merging Company and all debts due on whatever account to them, including any choses in action belonging to them, shall be deemed to be transferred to and vested in the Surviving Company by operation of law and without further acts or deeds; (d) all rights, privileges, powers and franchises, and all and every other interest of the Merging Company shall be thereafter the property of the Surviving Company as they were of each of the Merging Company; (e) the title to and interest in any real estate vested by deed, lease or otherwise in the Merging Company shall not revert or be impaired; (f) the Surviving Company shall be responsible for all the liabilities and obligations of the Merging Company but the liabilities of the Merging Company or its Shareholder, directors or officers shall not be affected by the Merger; (g) the officers or directors of the Merging Company shall execute and deliver all such instruments and take all such actions as the Surviving Company may determine to be necessary or desirable in order to vest in and confirm to the Surviving Company title to and possession of all such properties, assets, rights privileges and franchises and otherwise to carry out the purposes of this Agreement. 4. Conduct Pending the Merger 4.01 Neither the Merging Company, the Shareholder nor the Surviving Company shall, prior to the Effective Date of the Merger, engage in any activity or C200919401560 transaction other than in the ordinary course of business, except as contemplated by this Plan and Agreement of Merger. No Prohibition 5.01 There shall be no order issued by the Commission or any other governmental unit having authority over the transaction which prohibits, restricts or delays the transaction. 6. Representations and Warranties 6.01 The Surviving Company represents and warrants that (i) it is a corporation duly organized, validly existing and in good standing under the laws of the State of North Carolina; (ii) that it has full power and lawful authority to execute and deliver this Agreement, and upon receipt of any and all governmental authorizations, including but not limited to the Secretary of State of the Corporation Department of the State of North Carolina and the approval of the Utilities Commission of the State of North Carolina, to consummate and perform the transactions contemplated hereby; and (iii) upon the receipt of any governmental authorizations, this Agreement will constitute the legal, valid and binding obligations of the signatories thereto, enforceable against them in accordance with its terms. 6.02 The Merging Company represents and warrants that (i) it is a corporation duly organized, validly existing and in good standing under the laws of the State of South Carolina; (ii) that it has full power and lawful authority to execute and deliver this Agreement and, upon receipt of any and all governmental authorizations, including but not limited to the approval of the Secretary of State and the Corporations Division of the State of South Carolina, it has the authority to consummate and perform the transactions contemplated hereby; and (iii) upon the receipt of any governmental authorizations, this Agreement will constitute the legal, valid and binding obligations of the signatories thereto, enforceable against them in accordance with its terms. 7. Execution and Counterparts 7.01 This Plan and Agreement of Merger may be executed in any number of counterparts, and all such counterparts and copies shall be and constitute one original instrument. Aqua North Carolina, Inc. B Thomas J. Roberts, President Heater Utilities, Inc. B: ' Thomas J. Roberts, President 4 STATE OF NORTH CAROLINA UTILITIES COMMISSION RALEIGH DOCKET NO. W-274, SUB 183 BEFORE THE NORTH CAROLINA UTILITIES COMMISSION In the Matter of Application by Heater Utilities, Inc., Post Office ) Drawer4889, Cary, North Carolina 27519, for ) ORDER APPROVING BOND, Authority to Transfer the Franchise to Provide ) GRANTING TRANSFER, Sewer Utility Service in Crooked Creek ) RELEASING BOND, AND Subdivision in Wake County, North Carolina, ) REQUIRING CUSTOMER from C. C. Partners, Inc., d/b/a Crooked Creek ) NOTICE Utilities, and for Approval of Rates ) BY THE COMMISSION: On March 12, 1998, Heater Utilities, Inc. (Heater or Applicant), filed an application with the Commission seeking authority to transfer the franchise for sewer utility service in Crooked Creek Subdivision in Wake County, North Carolina, from C. C. Partners, Inc., d/b/a Crooked Creek Utilities (CCU). On March 31, 1998, the Commission issued an Order requiring customer notice and stating that the application in this matter may be determined without public hearing if no significant protests were received subsequent to customer notice. The Applicant filed the Certificate of Service on April 9, 1998, the time for protests has expired, and there have been no protests from customers. Initially, the Applicant's proposed rates were the same as currently approved for CCU in Docket No. W-1048. On April 28, 1998, Heater and CCU filed a request to restructure the Non Residential Sewer Service rate. The rate requested was $8.00 per 1,000 gallons, based on metered water usage. The Public Staff recommends that the original and modified rates be approved. Based on the foregoing, the Application, and the entire record in this matter, the Commission makes the following FINDINGS OF FACT 1. Heater and CCU have requested authority to transfer the sewer utility franchise serving Crooked Creek Subdivision in Wake County, North Carolina, from CCU to Heater. 2. The rates requested by Heater and CCU are as follows; Residential Sewer Service: Flat Rate, per month $48.00 NOTE: For the above $48.00 rate, [Heater Utilities, Inc,,] accepts responsibility for normal/routine maintenance and/or repair or replacement of all equipment, fixtures, etc., including (grinder) pump/tank and beyond...", except as stated below under the two 'Reimbursement' items. Non Residential Sewer Sery-iee: Based on metered water usage, per 1,000 gallons $ 8.00 3. The Public Staff agrees with the requested rates and recommends their approval. 4. Heater and the Public Staff have also agreed to changes to other charges and fees as follows: Existiag Proposed Connection Fee: None None - when tap, service line, and pump tank installed by developer or builder. Actual Cost - when tap, service line, and pump tank installed by utility. Reconnection Charges: $15.00 Actual Cost NOTE: An itemized estimate of cost to disconnect and reconnect service will be provided to customer with the cut-off notice. Returned Check Charge: None $ 20.00 5. The rates requested by Heater and agreed to by the Public Staff are just and reasonable. 6. The transfer of the utility system to Heater will be with no purchase price. Therefore, for rate making purposes, the net cost of the acquired facilities will be zero. 7. Transfer of the sewer utility franchise for Crooked Creek Subdivision in Wake County, North Carolina, from CCU to Heater should be authorized and the requested rates should be approved. 2 The Commission is required by G.S. 62-110.3 to consider and make appropriate findings in setting the amount of bond. On the basis of the verified application and the records of the Commission, the Hearing Examiner makes the following FINDINGS OF FACT REGARDING BONDING 1. Heater presently holds franchises for approximately 170 water systems and nine sewer systems and serves approximately 14,370 water and 1,435 sewer customers. Heater's record of operation is satisfactory, 2. There are presently approximately 70 customers being served in Crooked Creek Subdivision, The Applicant expects eventually to serve approximately 130 residential customers in this service area. 3. The Public Staff is recommending a $20,000 bond be posted for the transfer of Crooked Creek. Heater currently has $1,500,000 of bonds posted with the Commission, which includes the bond recommended in this docket. 4. Heater is financially fit to take on the responsibility of providing water utility service in this service area. 5. Heater has filed all exhibits required with the application. Based upon the foregoing, the Commission is of the opinion that the Applicant's bond should be accepted and approved. the transfer should be authorized, and the requested rates should be approved. The Commission is of the further opinion that the franchise granted to CCU should be canceled and the bond posted by CCU should be released. IT IS, THEREFORE, ORDERED as follows: 1. That the bond and $20,000 surety filed in this proceeding, as required by the Commission, shall be accepted and approved. 2. That the application for the transfer of the certificate of public convenience and necessity to provide sewer utility service in Crooked Creek Subdivision in Wake County, North Carolina, from C. C. Partners, Inc., d/b/a Crooked Creek Utilities, to Heater Utilities, Inc., is approved. 3. That Appendix A constitutes the Certificate of Public Convenience and Necessity. 4. That the Schedule of Rates attached as Appendix B is approved and is deemed to be filed with the Commission pursuant to G.S. 62-138. 3 5. That the franchise granted to C. C. Partners, Inc., d/b/a Crooked Creek Utilities, in Docket No, W-1048, is canceled. 6. That the $20,000 bond and surety previously posted with this Commission for Crooked Creek Subdivision by CCU shall be released to CCU. 7. That the Notice to Customers attached as Appendix C shall be mailed with sufficient postage or hand delivered to all customers in Crooked Creek Subdivision in conjunction with Heater's first billing. ISSUED BY ORDER OF THE COMMISSION. This the 25th day of June , 1998. NORTH CAROLINA UTILITIES COMMISSION CAa L L • M D urrc* t,W1598Gail L. Mount, Deputy Clerk S STATE OF NORTH CAROLINA UTILITIES COMMISSION RALEIGH APPENDIX A DOCKET NO. W-274, SUB 183 BEFORE THE NORTH CAROLINA UTILITIES COMMISSION tl� is granted this to provide sewe utility service in Wake 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 25th day of June , 1998. NORTH CAROLINA UTILITIES COMMISSION ,A6 L L .Mow,<\ - Gail L. Mount, Deputy Clerk APPENDIX B PAGE 1 OF 2 for HEATER UTILITIES. INC. for providing sewe utility service in Wake County, North Carolina sidential Sewer Service: Flat Rate, per month $48.00 NOTE: For the above $48.00 rate, [Heater Utilities, Inc.,] accepts responsibility for normal/routine maintenance and/or repair or replacement of all equipment, fixtures, etc., including (grinder) pump/tank and beyond...", except as stated below under the two 'Reimbursement' items. Non Residential Sewer Service: Based on metered water usage, per 1,000 gallons $ 8.00 Connection Charge: When tap, service line, and pump tank installed by developer - None When tap, service line, and pump tank installed by utility - Actual Cost Reconnection Charge: If sewer service cut off by utility for good cause: Actual Cost NOTE: An itemized estimate of cost to disconnect and reconnect service will be provided to customer with the cut -off -notice. APPENDIX B PAGE 2 OF 2 Reimbursement charge fgr damaged sewer lines: Actual Cost According to the Sewer Use and Maintenance Statement, which is or has been presented to all sewer customers for their information, "Sewer lines cut by the Homeowner shall be repaired at the Homeowner's expense." Reimbursement charge for grinder pump repair: Actual Cost According to the Sewer Use and Maintenance Statement, which is or has been presented to all sewer customers for their information, "The Homeowner shall reimburse [Heater Utilities, Inc.,] for damage to the pump and/or tank caused by willful or negligent discharge of the above items {items listed in the Statement} into the sewer system." Bills Due: Bills Past Due: Billing FrequencX: Finance CharQes for Late Payment: $20.00 On billing date 15 days after billing date Shall be monthly for service in arrears 1 % per month will be applied to the unpaid balance of all bills still past due 25 days after billing date. Issued in Accordance with Authority Granted by the North Carolina Utilities Commission in Docket No. W-274, Sub 183, on this the 251_ day of June 98. STATE OF NORTH CAROLINA UTILITIES COMMISSION RALEIGH APPENDIX C NOTICE TO CUSTOMERS DOCKET NO. W-274, SUB 183 BEFORE THE NORTH CAROLINA UTILITIES COMMISSION Notice is given that the North Carolina Utilities Commission has approved the transfer of the franchise for sewer utility service in Crooked Creek Subdivision in Wake County, North Carolina, from C. C. Partners, Inc., d/b/a Crooked Creek Utilities (CCU) to Heater Utilities, Inc. The rates approved are as follows: Residential Sewer Service: Flat Rate, per month $48.00 This rate includes normal/routine maintenance and/or repair or replacement of all equipment, fixtures, etc., including (grinder) pump/tank and beyond. Non Residential Sewer Service: Based on metered water usage, per 1,000 gallons $ 8.00 This the 25th day of June , 1998. NORTH CAROLINA UTILITIES COMMISSION AOL �- -mOL -m* Gail L. Mount, Deputy Clerk CERTIFICATE OF SERVICE I mailed with sufficient postage or hand delivered to all affected customers the attached Notice to Customers issued by the North Carolina Utilities Commission in Docket No. W-274, Sub 183, and the Notice was mailed or hand delivered by the date specified in the Order. This the day of Is Signature Name of Utility Company The above named Applicant, , personally appeared before me this day and, being first duly sworn, says that the required Notice to Customers was mailed or hand delivered to all affected customers, as required by the Commission Order dated in Docket No. W-274, Sub 183. Witness my hand and notarial seal, this the day of _ 1998. Notary Public Address (SEAL) My Commission Expires: Date C200910401560 SOSID: 0072603 Date Filed: 4/13/2009 2:56:00 PM State of 1Yorlit CaroLna Elaine F. Marshall Department of the Secretary of State North Carolina Secretary of State C200910401560 ARTICLES OF MERGER Pursuant to North Carolina General Statute Sections 55-11-05(a), 55A-I 1-09(d), 55A-11-04, 57C-9A- 22(a), 59-73.32(a) and 59-1072(a), as applicable, the undersigned entity does hereby submit the following Articles of Merger as the surviving business entity in a merger between two or more business entities. 1. The name of the surviving entity is AQUA NORTH CAROLINA, INC., a (check one) [X ] corporation, [ ] nonprofit corporation, [ ] professional corporation, [ ] limited liability company, [ ] limited partnership, [ ] partnership, [ ] limited liability partnership organized under the laws of North Carolina (state or country). 2. The address of the surviving entity is: Street Address: 202 MACKENAN COURT, CARY, NORTH CAROLINA 27511 County: WAKE 3. For each merging entity: (if more than one, complete on separate sheet and attach.) The name of the merged entity is HEATER UTILITIES, INC., a (check one) [ X] corporation, [ ] nonprofit corporation, [ ] professional corporation, [ ] limited liability company, [ ] limited partnership, [ ] partnership, [ ] limited liability partnership organized under the laws of South Carolina. 4. If the surviving business entity is a domestic business entity, the text of each amendment, if any, to the Articles of Incorporation, Articles of Organization, or Certificate of Limited Partnership within the Plan of Merger is attached. THERE IS NO CHANGE TO THE ARTICLES OF INCORPORATION. 5. A Plan of Merger has been duly approved in the manner required by law by each of the business entities participating in the merger. 6. These articles will be effective upon filing unless a delayed date and/or time is specified. This the 17th day of March, 2009. NOTES: I. Filing fee is S50 for For -profit entities. 2. Filing fee is S25 for Non-profit entities 3. This document must be filed with the Secretary of State requirements of N.0 G.S. Section 47-18.1 AQUA NORTH CAROLINA INC. ignature _ CLA Type or Print Name and Title Certificates) of Merger must be registered pursuant to the (Revised September 2005) (Form BE-15) CORPORATIONS DIVISION P. 0 BOX 29622 RALEIGH, NC 27626-0622 Norris, Andrew From: Dodge, Peggy S. Sent: Tuesday, April 14, 2015 2:13 PM To: Dodge, Peggy S. Subject: FW: Sawyers Mill Capacity Attachments: SAWYERS MILL SEWER AGREEMENT.pdf; Beazer Homes - DRAFT CAPACITY ALLOCATION.doc; CNN Order.pdf From: Dodge, Peggy S. Sent: Thursday, January 22, 2015 10:55 AM To: 'richard.ohmann@beazer.com' Subject: Sawyers Mill Capacity Rich, Beazer was assigned sewer capacity from the wastewater treatment plant to provide sewer utility service to the lots developed in Sawyers Mill Subdivision. Initially, pursuant to the attached Agreement, the Subdivision was proposed to have 226 connections at full build out. Since then, the number of lots has been reduced to 141 lots. During a recent wastewater and contract audit Aqua determined Sawyers Mill Subdivision had an excess amount of sewer capacity allocation that could not be used for Sawyers Mill which is the difference between the 226 connections originally proposed and the 141 lots actually developed. Aqua is requesting the excess sewer capacity allocated to Beazer for Sawyers Mill Subdivision, beyond what is needed to serve the 141 lots at full build out, be released to Aqua as the sewer utility provider, owner and operator of the wastewater treatment plant facility (see attached CNN Order issued by the North Carolina Utilities Commission). The capacity can be released by means of a letter to Aqua (see attached draft). Thank you and please let me know if you have any questions. AQUA Peggy -Sue Dodge Sr. New Business Coordinator Aqua North Carolina 202 MacKenan Court, Cary, NC 27511 0:919.653.6963 F:919.460.1788 .w]MxfA NC Dept. of Environmental Quality Sep 15 2023 Raleigh Regional Office | " � Agreement to Release Capacity in Wastewater Treatment Plant This Agreement is made thisChay o?m9darp,21101-115 by and among Beazer Homes Corp. ("Beazer"), a Tennessee corporation, Chesapeake Capital Partners, LILC ("Chesapeake"), a Maryland Limited Liability Company on behalf of Optimist Ventures LLC, and Aqua North Carolina, Inc. ("Aqua"), the successor by merger to Heater Utilities, Inc. Beazer, Chesapeake and Aqua are sometimes collectively referred to herein as the Parties. WHEREAS, Aqua is the owner and operator of a wastewater treatment plant known as the Crooked Creek Wastewater Treatment Plant, North Carolina Department of Environment and Natural Resources Permit # NC 0062715 ("WWTP"); WHEREAS, Beazer, Optimist and Aqua are parties to an agreement dated 8eotembwr20.20O0 ("Agreement") pursuant to which Crooked Creek Residential Properties, LLC and MacGregor Development Company transferred wastewater treatment capacity in the WWTP sufficient to serve 226 single-family residential homes in the Sawyers Mill subdivision to Beazer and WHEREAS, Beazer has determined that it will not construct more thaD141 residential homes in the Sawyers K8U| subdivision and desires hutransfer the excess wastewater treatment capacity for8Saing(e-faroi|yneoidenUe|homaobackhnAmue; WEHREAS, Optimist was administratively di§solved by the North Carolina Secretary of State and wishes to relinquish any claim to the wastewater treatment capacity that may have been transferred to!tpursuant hothe Agreement; and WHERGAS, Chesapeake is the manager of Optimist and has authority to execute this agreement iDbehalf cfOptimist and torelease any capacity transferred boOptimist pursuant to the Agreement to Beazer. |NCOS|DERATI0NOF the mutual covenants and agreements contained herein the parties agree as follows: 1. For the sum of Ten Dollars ($10.00), paid by Aqua and acknowledged to have been received upon execution of this agreement, Optimist and Chesapeake hereby transfer any and all interest to the wastewater treatment capacity allocated to Optimist pursuant to the Agreement to Beazer and Optimist and Chesapeake hereby release any and all claims to such 2. The parties acknowledgetho Chesapeake isexecuting this agreement for the sole purpose stated herein and all peMeaspecifically agree that Chesapeake ionot assuming or releasing any other obligation, either express or implied, under the Agreement. 3. Aqua shall release, hold harmless, defend and indemnify Chesapeake from and against any and all claims, and including the payment of attorney's fees, arising against Chesapeake as a result of its release of the wastewater treatment capacity pursuant to this Agreement. |nthis regard, Aqua shall select counsel todefend against any such claims and shall be responsible for the payment of all fees and expenses for such counsel that are related tosuch defense ofChesapeake. WHEREFORE, the parties have set their hands this day and year first above noted, Beazer Homes Corp. By: Name: C-'� Title: �;-As-to,— Chesapeake Capital Partners, LLC By: Title: /5;: Aqua North Carolina, Inc. I 0 Attest: Name: /4 � �lw 4 /-- (--dY Attest: x LILI. 4&-- Name: '51(k0blovi. Attest: Name: STATE OF NORTH CAROLINA COUNTY OF WAKE Assignment of Sewer Capacity THIS ASSIGNMENT OF SEWER CAPACITY ("Agreement") is made and entered into as of this -[Gill day of December 2015 ("Effective Date") by and between AQUA NORTH CAROLINA, INC. ("Aqua") and BEAZER HOMES CORP. ("Beazer"). Beazer and Aqua may sometimes be referred to individually herein as "Party" and collectively as "Parties". RECITALS A. Beazer is the sole owner of 23,666 gallons per day (gpd) excess wastewater treatment capacity ("Excess Capacity") in Aqua's Crooked Creek wastewater treatment plant and Aqua desires to acquire that capacity from Beazer; B. Beazer became the sole owner of such Excess Capacity (23,666 gpd) pursuant to a December 9, 2015 agreement among Aqua, Beazer and Chesapeake Capital Partners, LLC. Under that agreement, Chesapeake agreed to release any co- interest to such Excess Capacity that might be held by Optimist Ventures, LLC to Beazer. C. Beazer is agreeing to release to Aqua and Aqua is agreeing to purchase said Excess Capacity from Beazer in accordance with the terms and conditions set forth in this Agreement. NOW THEREFORE, for and in consideration of the foregoing and the mutual covenants herein, and for good and valuable consideration, the receipt and adequacy of which are hereby acknowledged by the Parties, Beazer and Aqua hereby covenant and agree as follows: 1. The truth and accuracy of each of the foregoing recitals is acknowledged and confirmed by the Parties and all such recitals are hereby incorporated by reference into and made a part of this Agreement. 2. Beazer hereby transfers, releases and relinquishes to Aqua all of Beazer's right, title and interest in and to the Excess Capacity. From the date this Agreement is executed by both Parties, the Excess Capacity shall be solely owned and controlled by Aqua, free of any claim or interest by Beazer. Beazer acknowledges that it has not transferred or encumbered any interest in the capacity being transferred hereunder. 3. Aqua agrees to pay Beazer a total sum of $118,330 in exchange for the transfer and release of the Excess capacity to Aqua. This sum is based upon a payment by Aqua of five dollars ($5.00) per gallon of Excess Capacity (23,666 gpd) relinquished by Beazer to Aqua. The sum shall be paid by Aqua immediately upon the execution of this Agreement by both Parties. 4. The Parties acknowledge that Aqua remains obligated to serve a maximum of 141 single family residential homes in Sawyer's Mill Subdivision. Beazer agrees it will not change the density in Sawyer's Mill or rezone Sawyer's Mill to exceed the wastewater treatment capacity required to serve 141 single family residential lots. 5. With the sole exception of mandatory disclosure of this Agreement required by any law, statute, ordinance, rule or regulation by which the parties may be bound, Beazer and Aqua each covenant and agree to keep fully confidential all terms, provisions and conditions of this Agreement. 6. Beazer and Aqua, promptly upon the request of the other party, shall execute and have acknowledged (if appropriate) and delivered to the requesting party any and all further instruments reasonably requested or appropriate to evidence or give effect to the provisions of this Agreement and which are consistent with the provisions hereof. 7. No amendment, change or modification or waiver to the terms of this Agreement shall be valid unless in writing and signed by each of the parties hereto. S. This Agreement shall be binding upon and inure to the benefit of Beazer, Aqua, and their respective heirs, representatives, successors and assigns. 9. This Agreement shall be governed by and construed in accordance with the laws of the State of North Carolina. 10. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original but all of which together shall constitute but one and the same instrument, notwithstanding that each of the parties is not signatory to the original or the same counterpart. The parties' execution of this Agreement may be evidenced by facsimile or .pdf signatures, whereupon this Agreement will be deemed binding upon transmittal of the facsimile or .pdf version. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the dote set forth below their respective signatures, effective asofthe Effective Date. 8EAZER: BEAZER HOMES CORP. By: Z" Name Its: Dated: AQUA NORTH [AROUNA|NC,eNorth Carolina corporation Name: Thomas J. Roberts Its: Presi6ent&Chief Operating Officer Dated: IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date set forth below their respective signatures, effective asofthe Effective Date. QEAZE0: BE&ZERHOMES CORP. By: menoe: Its: Dated: AQUA NORTH CAROLINA,U0C.,mNorth Carolina corporation Name: Thomas Wild, Elaine From: Jamie Guerrero <JGuerrero@mragta.com> Sent: Thursday, October 12, 2023 5:30 PM To: Wild, Elaine; LARaupPlummer@aquaamerica.com Cc: Norris, Andrew; Fred@tenoaksrealty.com Subject: RE: [External] RE: Lasater Farms -Additional Information Request Attachments: Lasater Farms FTSE_REV 2023.10.12.pdf, 2023.10.12_Lasater Farms_FTA Cover Letter.pdf CAUTION: External email. Do not click links or open attachments unless verified. Report suspicious emails with the Report Message button located on your Outlook menu bar on the Home tab. Elaine, Attached is the revised FTSE and cover letter. The flow rate was revised to the standard 120 gpm per bedroom per residential unit for a total flow of 0.03792 MGD. Please let me know if you have any questions or need anything else. Thank you, Jamie Guerrero, PE, CPSWQ Principal .,.MORRIS & RITCHIE ASSOCIATES OF NC, PC 530 Hinton Pond Road, Suite 104, Knightdale, NC 27545 Tel: 984-200-2103 1 Cell: 919-618-1932 1 www.mragta.com We've Moved! Please Note our new address above. Read more about our move here Services: Planners • Architects • Landscape Architects Civil & Structural Engineers • Surveyors Offices: Abingdon, Baltimore, Laurel & Towson, MD Leesburg, VA - Georgetown & New Castle, DE • Raleigh, NC MRA - Since 1979 From: Wild, Elaine <elaine.wild@deq.nc.gov> Sent: Tuesday, October 10, 2023 8:58 AM To: Jamie Guerrero <JGuerrero@mragta.com>; LARaupPlummer@aquaamerica.com Cc: Norris, Andrew <ABNorris@aquaamerica.com>; Fred@tenoaksrealty.com Subject: RE: [External] RE: Lasater Farms -Additional Information Request Hello Jamie, The Governor vetoed House Bill 600, which includes Section 18 that alters the dwelling unit flow number. This veto stands unless it is overridden by the legislature, but until that occurs, only Delegated Authorities are able to use the 75 gpd/bedroom flow rate, according to the 15A NCAC 02T .0114(f3). However, the fee changes in the Budget bill are currently in effect. Please submit the Flow Reduction Approval Letter for Lasater Farms and an updated Page 2 of the FTA, indicating that there is an approved flow reduction. Please provide the above information by October 20, 2023, and note that the requested information must be submitted by this date, or the applicant will be required to submit a new application and application fee in accordance with 15A NCAC 02T .0107. "Please note that the fee for fast track sewer extension permits has increased to $600 as of October 3, 2023 [as stipulated in the 2023 House Appropriations Act, House Bill 259, Water Quality and Stormwater Fees, Section 12.14(a)]. Sincerely, Elaine Wlld Environmental Engineer Division of Water Resources - Raleigh Regional Office North Carolina Department of Environmental Quality 919.791.4254 Office elaine.wild@deg.nc.gov D_EQ�� Opartmmt of Eonranwnlal Owl Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Jamie Guerrero <JGuerrero@mragta.com> Sent: Tuesday, October 3, 2023 12:05 PM To: Wild, Elaine <elaine.wiId@deg.nc.gov>; LARaupPlummer@aquaamerica.com Cc: Norris, Andrew <ABNorris@aquaamerica.com>; Fred@tenoaksrealty.com Subject: RE: [External] RE: Lasater Farms —Additional Information Request CAUTION: External email. Do not click links or open attachments unless verified. Report suspicious emails with the Report Message button located on your Outlook menu bar on the Home tab. Elaine, I know you were out of the office last week so I wanted to follow up with you regarding the below email for Lasater regarding the 75 gpm per bedroom flow rate. Let me know if you still need a flow reduction request since the 75 gpm/bedroom flow rate is based on the recently adopted law. Thanks, Jamie Guerrero, PE, CPSWQ Principal ,- MORRIS & RITCHIE ASSOCIATES OF NC, PC - 530 Hinton Pond Road, Suite 104, Knightdale, NC 27545 Tel: 984-200-2103 1 Cell: 919-618-1932 1 www.mragta.com We've Moved! Please Note our new address above. Read more about our move here Services: Planners • Architects • Landscape Architects Civil & Structural Engineers • Surveyors Offices: Abingdon, Baltimore, Laurel & Towson, MD Leesburg, VA • Georgetown & New Castle, DE • Raleigh, NC MRA — Since 1979 in 0 From: Jamie Guerrero Sent: Tuesday, September 26, 2023 2:08 PM To:'Wild, Elaine' <elaine.wild@deg.nc.gov>;'LARaupPlummer@aquaamerica.com' <LARaupPlummer@aquaamerica.com> Cc: 'Norris, Andrew' <ABNorris@aquaamerica.com>; Fred@tenoaksrealty.com Subject: RE: [External] RE: Lasater Farms —Additional Information Request Elaine, I am following up with this question below. Jamie Guerrero, PE, CPSWQ Principal .-_ MORRIS & RITCHIE ASSOCIATES OF NC, PC 530 Hinton Pond Road, Suite 104, Knightdale, NC 27545 Tel: 984-200-2103 1 Cell: 919-618-1932 1 www.mragta.com We've Moved! Please Note our new address above. Read more about our move here Services: Planners • Architects • Landscape Architects Civil & Structural Engineers • Surveyors Offices: Abingdon, Baltimore, Laurel & Towson, MD Leesburg, VA • Georgetown & New Castle, DE • Raleigh, NC MRA — Since 1979 M - e From: Jamie Guerrero Sent: Thursday, September 21, 2023 4:08 PM To: Wild, Elaine <elaine.wiId@deg.nc.gov>; LARaupPlummer@aquaamerica.com Cc: Norris, Andrew <ABNorris@aquaamerica.com> Subject: RE: [External] RE: Lasater Farms —Additional Information Request Elaine, The 75 gpm/bedroom is based on the recently passed attached law. Do we still need to submit the flow reduction request and if so is it enough to reference the attached statute or do we need to provide the existing flow data? Thanks Jamie Guerrero, PE, CPSWQ Principal r• _ MORRIS & RITCHIE ASSOCIATES OF NC, PC 530 Hinton Pond Road, Suite 104, Knightdale, NC 27545 Tel: 984-200-2103 1 Cell: 919-618-1932 1 www.mragta.com We've Moved! Please Note our new address above. Read more about our move here Services: Planners • Architects • Landscape Architects Civil & Structural Engineers • Surveyors Offices: Abingdon, Baltimore, Laurel & Towson, MD Leesburg, VA • Georgetown & New Castle, DE • Raleigh, NC MRA — Since 1979 M 0 From: Wild, Elaine <elaine.wild@deg.nc.gov> Sent: Thursday, September 21, 2023 3:58 PM To: Jamie Guerrero <JGuerrero@mragta.com>; LARaupPlummer@aquaamerica.com Cc: Norris, Andrew <ABNorris@aquaamerica.com> Subject: RE: [External] RE: Lasater Farms —Additional Information Request Hello Jamie, Thank you for the clarifications and the updated information. Please submit the Flow Reduction Approval Letter for Lasater Farms and an updated Page 2 of the FTA, indicating that there is an approved flow reduction. Please provide the above information by September 28, 2023, and note that the requested information must be submitted by this date, or the applicant will be required to submit a new application and application fee in accordance with 15A NCAC 02T .0107. Thank you, Elaine Wild Environmental Engineer Division of Water Resources - Raleigh Regional Office North Carolina Department of Environmental Quality 919.791.4254 Office elaine.wild@deg.nc.gov �� R-EiQ> Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Jamie Guerrero <JGuerrero@mragta.com> Sent: Friday, September 15, 2023 4:42 PM To: Wild, Elaine <elaine.wild@deg.nc.gov>; LARaupPlummer@aquaamerica.com Cc: Norris, Andrew <ABNorris@aquaamerica.com> Subject: [External] RE: Lasater Farms —Additional Information Request CAUTION: External email. Do not click links or open attachments unless verified. Report suspicious emails with the Report Message button located on your Outlook menu bar on the Home tab. Elaine, See the attached revisions to the FTSE, cover letter, revised USGS map, revised downstream flow tracking, and explanation regarding the previous reduction in paper flow to the WWTP and pump station. In addition to addressing your comments below, the requested sewer flow for Lasater Farms has been reduced to 23,700 gpd based on the recently adopted wastewater flow reduction from 150 gpd/bedroom to 75 gpd/bedroom. The revised FTSE reflects this reduction. Let me know if you have any questions or need additional information. Thank you, Jamie Guerrero, PE, CPSWQ Principal MORRIS & RITCHIE ASSOCIATES OF NC, PC 530 Hinton Pond Road, Suite 104, Knightdale, NC 27545 Tel: 984-200-2103 1 Cell: 919-618-1932 1 www.mragta.com We've Moved! Please Note our new address above. Read more about our move here Services: Planners • Architects • Landscape Architects Civil & Structural Engineers • Surveyors Offices: Abingdon, Baltimore, Laurel & Towson, MD Leesburg, VA • Georgetown & New Castle, DE • Raleigh, NC MRA — Since 1979 From: Wild, Elaine <elaine.wild@deq.nc.gov> Sent: Thursday, August 24, 2023 4:02 PM To: LARaupPlummer@aquaamerica.com; Jamie Guerrero <JGuerrero@mragta.com> Subject: Lasater Farms —Additional Information Request Hello Lauren and Jamie, After reviewing the Fast Track Sewer System Extension Application for Lasater Farms, additional information is required in order to further process the application. Please provide the following information by September 25, 2023, and note that the requested information must be submitted within 30 days of this request, or the applicant will be required to submit a new application and application fee in accordance with 15A NCAC 02T .0107. Please correct the approximate coordinates provided in Section II of the application. According to the Lat/Lon provided, 35.3853/-76.4430, the project area is located in Spencer Bay in Hyde County. complete 2. According to Section F of the Application Instructions, the USGS Topographic Map needs to include general location of the gravity sewer, pumpstations, and force mains, and the downstream connection points for the receiving sewer. Please provide the topo map according to the application requirements. complete 3. Please provide an updated narrative or correct Section VI.7. and Section V1.8. of the application. Section V1.7. states that there are 78 single family homes at 480gal/day/unit for a total flow of 37,440 GPD, however the narrative states that the application is requesting a total flow of 37,920 GPD for a total of 79 single family homes. Need Flow Reduction Approval Letter. 4. Please provide the Permit Number/Permitting Status letter for the 404/401 authorization specified in Section IX.S. of the Fast Track Application, this information can be included in the updated narrative if one is provided. complete 5. Please provide a completed FTSE: a. Confirm that the "Estimated obligated flow not yet tributary to the WWTP" (Paper Flow) is accurate. According to our records, there are projects that have Paper Flow already allocated to Crooked Creek WWTP for a total of 54,340 GPD. With Lasater Park, the Paper Flow will be 91,780 GPD (or 92,260 GPD, depending on Section V1.7.) complete i. Additionally, please ensure that the "Total Flow for this specific request" is updated to match Section V1.7. if the flow is changed to 37,920 GPD. complete b. Provide a Planning Assessment Addendum for Crooked Creek WWTP explaining how the facility plans to increase capacity in order to meet the flow if all Paper Flows become Tributary flow to the WWTP. With the addition of 37,440 GPD (or 37,920 GPD) from Lasater Park, the Tributary Flow to the WWTP will exceed 100% of the facility's permitted flow when all projects are in operation. Currently reviewing the flow allocation between Sawyer's Mill Subdivision and Aqua. c. Downstream Facility Sewer Name and Permit Number are required to be filled out. complete 15A NCAC 02T .0107 Staff Review and Permit Preparation states: • "(2) (e) If an application is accepted and later found to be incomplete, the applicant shall be advised how the application or accompanying supporting information may be modified to make it complete. The staff shall advise the applicant: (2) if all required information is not submitted within 30 days, the project will be returned as incomplete. Any resubmittal of a returned application shall be accompanied with a new application fee." Please contact me with any questions that you may have regarding this request. Sincerely, Elaine Wlld Environmental Engineer Division of Water Resources - Raleigh Regional Office North Carolina Department of Environmental Quality 919.791.4254 Office elaine.wild@deg.nc.gov D_EQ�) �Nj� Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. Email correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties by an authorized state official. CAUTION: This email originated from outside the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. CAUTION: This email originated from outside the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. CAUTION: This email originated from outside the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.