HomeMy WebLinkAboutWQ0044966_Owner (Affiliation Change)_20240506 1213 w morehead street,suite 450 P 704.334.3303
charlotte, nc 28208 urbandesignpartners.com
URBAN
TRANSMITTAL DESIGN
PARTNERS
To: NCDEQ - DWR Date: 5/6/2024
Water Quality Permitting
Section - PERCS Unit
512 N. Salisbury St. Suite 925
Raleigh, NC 27604
Phone: 919-807-6300 Project Name: Magnolia Pines
Fax: Click here to enter text. Project No: 23-CLT-055
Transmitted Via: Action:
® Overnight ❑ For Approval
❑ Courier ® For Your Use
❑ Hand ❑ As Requested
❑ Mail ❑ For Review & Comment
❑ Fax 04 `tcp ❑ For Signature
Number Date Description
2 5/3/24 Original and Copy of PNOF 01-16 &Attachments
2 5/3/24 Existing Permit
2 5/3/24 Property Owner Documentation
2 5/3/24 Developer's Operational Agreement
Comments
Please let me know if you need anything else. R E C E IVE D
Alex Spence aspence@urbandesignpartners.com MAY 0 6 .
NCDEQ/DWR/NPDES
Cc:
RECEIVED State of North Carolina
DWRC Department of Environmental Quality
Division of Water Resources
M��Y 6' 6 -Jr-4 SEWER SYSTEM PERMIT OWNERSHIP/NAME CHANGE
Division of Water Resources INSTRUCTIONS FOR FORM: PNOCF 01-16
NCDEQ/DWR/NPDFS
This form is for ownership changes or name changes of a sewer sys em permit. Please note that"Permittee"references the
existing permit holder,and that"Applicant" references the entity applying for the ownership/name change.
Sewer permits start with a WQ or WQCS and contain the terms sewer extension or collection system in the subject field. This
form should not be used for permits with NC,NCG,SW or other types of non-sewer permits beginning with WQ.
For more information, visit the Division's Water Quality Permitting's website:
A. Sewer System Permit Ownership/Name Change(FORM: PNOCF 01-16)Application(All Applications):
El Submit an original completed and appropriately executed application(PNOCF 01-16).
The Existing Permittee's Certification shall be signed in accordance with 15A NCAC 02T .0106(b). Per 15A NCAC 02T
.0106(c), an alternate person may be designated as the signing official if a delegation letter is provided from a person who
meets the criteria in 15A NCAC 02T.0106(b).
® The Applicant's Certification shall be signed in accordance with 15A NCAC 02T.0106(b). Per 15A NCAC 02T.0106(c),an
alternate person may be designated as the signing official if a delegation letter is provided from a person who meets the criteria
in 15A NCAC 02T.0106(b).
B. Existing Permit(All Applications):
® Submit a copy of the most recently issued permit and certification.
C. Property Ownership Documentation(All Applications):
➢ The Applicant shall demonstrate they are the owner of all property containing the sewer system facilities:
❑ Legal documentation of ownership(i.e.,GIS,deed,article of incorporation,or contract),or
❑ Written notarized intent to purchase agreement signed by both parties with a plat or survey map,or
❑ Approved board minutes
D. Certificate of Public Convenience and Necessity(All Applications where the Applicant is a Privately-Owned Public Utility):
❑ Per 15A NCAC 02T .0115(a)(1), provide one copy of the Certificate of Public Convenience and Necessity from the North
Carolina Utilities Commission demonstrating the Applicant is authorized to hold the utility franchise for the area to be served
by the non-discharge system.
E. Operational Agreements (Applications where the Applicant is a Home/Property Owners' Association or Developer of lots to be
sold):
➢ Home/Property Owners' Associations
❑ Per I 5A NCAC 02T.0115(c),submit an original properly executed Operational Agreement(FORM: HOA).
❑ Per 15A NCAC 02T .0115(c), submit an original proposed or approved Articles of Incorporation, Declarations and By-
laws that contain the language required by the Operational Agreement.
➢ Developers of lots to be sold
® Per 15A NCAC 02T.01 15(b),submit an original of the properly executed Operational Agreement(FORM: DEV).
F. Package Submitted in Duplicate
El Submit a copy of all required documents in Instructions A-E as required
THE COMPLETED APPLICATION AND SUPPORTING DOCUMENTATION SHALL BE SUBMITTED IN DUPLICATE
TO:
NCDEQ-DWR
Water Quality Permitting Section
PERCS Unit
By U.S.Postal Service: By Courier/Special Delivery:
1617 MAIL SERVICE CENTER 512 N.SALISBURY ST.
RALEIGH,NORTH CAROLINA 27699-1636 SUITE 925
RALEIGH,NORTH CAROLINA 27604
TELEPHONE NUMBER: (919)807-6300
INSTRUCTIONS FOR APPLICATION PNOCF 01-16 Page l of 1
State of North Carolina
Department of Environmental Quality
DWRDivision of Water Resources
SEWER SYSTEM PERMIT OWNERSHIP/NAME CHANGE
INSTRUCTIONS FOR FORM: PNOCF 01-16
Division of Water Resources
I. EXISTING PERMITTEE INFORMATION:
1. Permittee's name: Penmith Holdings LLC
2. Signature authority's name: Brian Smith per 15A NCAC 02T.0106(b)
3. Signature authority's title: Owner
4. Permittee's mailing address: 1213 W Morehead St
City: Charlotte State: NC Zip: 28208-
5. Permittee's contact information: Phone number:(704)334-3303 Fax Number( )_-
Email Address: brian(2i urbandesignpartners.com
II. APPLICANT INFORMATION:
1. Applicant's name:J2 Land Investments LLC
2. Signature authority's name:John Lambert per l5A NCAC 02T.0106(b)
3. Signature authority's title:COO
4. Applicant's mailing address: 6549 Morehead Rd
City: Harrisburg State: NC Zip: 28075-
5. Applicant's contact information: Phone number: (850)530-6328 Fax Number(_)
Email Address:brayden(2i prespro.com
6. Representative's name: Brayden Lambert
7. Representative's title: VP
8. Representative's contact information Phone number:(850)530-6328 Fax Number(_) -
Email Address: brayden(a,prespro.com
III. PERMIT INFORMATION:
1. Existing permit number:WQ0044966 and most recent issuance date: December 12,2023
2. Reason for the permit application:Change of Ownership If other, attach detailed explanation
3. Has the facility been constructed? ❑Yes or®No
4. Has the facility been certified per 15A NCAC 02T.0116? ❑Yes or® No
FORM: PNOCF 01-16 Page 1 of 2
IV. CERTIFICATIONS:
Existing Permittee's Certification per 15A NCAC 02T.0106(b):
I, '3K\Pr t`` n. 5/At C (NI c-.WV-- attest that this application
(Signature Authority's name&title from Application Item 1.2&3)
has been reviewed by me and is accurate and complete to the best of my knowledge. I understand that prior to reissuance of the permit
into the Applicant's name, I will continue to be responsible for compliance with the current permit and any discharge of wastewater
from this system to surface waters or the land may result in an enforcement action that may include civil penalties, injunctive relief,
and/or criminal prosecution. I will also make no claim against the Division of Water Resources should a condition of the existing permit
be violated. I also understand that if all required parts of this application are note completed and that if all required supporting
information and attachments are not included,this application 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 penalti $25,000 per violation.
Signature: C`-- Date: 6 C -6 27_ Z°ZL
Applicant's Certification per 15A NCAC 02T.0106(b):
I / w
^.) ( - 1.✓1 ��✓ d attest that this application
(Signature Authority's n e&title from Application Item II.2&3.)
has been reviewed by me and is accurate and complete to the best of my knowledge. I understand that after issuance of the permit into
the Applicant's name, I will be responsible for compliance with the issued permit and any discharge of wastewater from this non-
discharge system to surface waters or the land may result in an 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 as w as civil penalties up to$25,000 .
Signature: Date: V/z...)//2-
.
y
RECEIVED
May ( 6 3L4
NGDEQ/DWRJNPDES
FORM: PNOCF O l-16 Page 2 of 2
ROY COOPER .
Governor
.ny
ELIZABETH S. BISER A •it` /
Secrrtarti ve"
RICHARD E. ROGERS.JR.
Director NORTH CAROLINA
Environmental Quality
December 12, 2023
Brian Smith, Owner
Penmith Holdings, LLC
1213 W. Morehead Street
Charlotte, NC 28208
Subject: Permit No. WQ0044966
Penmith Holdings, LLC
Magnolia Pines
Wastewater Collection System Extension Permit
Mecklenburg County
Dear Mr. Smith,
In accordance with your application received December 1, 2023, we are forwarding herewith Permit No.
WQ0044966 dated December 12, 2023, to Penmith Holdings, LLC (Permittee) for the construction and
operation upon certification of the subject wastewater collection system extension. This permit shall be
effective from the date of issuance until rescinded and shall be subject to the conditions and limitations
as specified therein. This cover letter shall be considered a part of this permit and is therefore
incorporated therein by reference.
Please pay particular attention to the following conditions contained within this permit:
Condition 11.1: This permit shall not be automatically transferable;a request must be made and approved.
Condition 11.4: Requires that the wastewater collection facilities be properly operated and maintained in
accordance with 15A NCAC 2T .0403 or any individual system-wide collection system
permit issued to the Permittee.
Condition 11.7: Upon completion of construction and prior to operation of these permitted facilities, the
completed Engineering Certification form with checklist attached to this permit shall be
submitted with the required supporting documents to the address provided on the form.
Permit modifications are required for any changes resulting in non-compliance with this
permit, regulations, or the Minimum Design Criteria. [1SA NCAC 02T.0116]
It shall be the responsibility of the Permittee to ensure that the as-constructed project meets the
appropriate design criteria and rules. Failure to comply may result in penalties in accordance with North
Carolina General Statute §143-215.6A through §143-215.6C, construction of additional or replacement
y D E N,.w'th e arnlriw Cyrpartrn nt at E,,,,r<NNncntal(iuItt} [)tuts on of W,Ytrr ftesoaarcr
Ak cvrsrdk Rrytc>na!Offk t 61U East Genre Awc uw,Sate 301 Mooresrdle.Nc'rt h: ,rrnr,n,r'Mt"
«, .. ...~� 704 6631649
Penmith Holdings, LLC
Permit No. WQ0044996
wastewater collection facilities, and/or referral of the North Carolina-licensed Professional Engineer to
the licensing board.
If any parts, requirements, or limitations contained in this permit are unacceptable, you have the right to
request an adjudicatory hearing upon written request within 30 days following receipt of this permit. This
request must be in the form of a written petition, conforming to Chapter 150B of North Carolina General
Statutes, and filed with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC
27699-6714. Unless such demands are made,this permit shall be final and binding.
If you need additional information concerning this matter, please contact Ori Tuvia at (704) 235-2190 or
via e-mail at ori.tuvia@deq.nc.gov.
Sincerely,
E—CC DocuSigned by: __
—27DF9ACF858043F
by Andrew H. Pitner, P.G., Regional Supervisor
Water Quality Regional Operations Section
Division of Water Resources, NCDEQ
cc: Alex Spence (P.E.) (electronic copy)
Charlotte Water(electronic copy)
Water Resources Central Files (electronic copy)
Regional Office Files
Page 2 of 8
or
NORTH CAROLINA
Environmental Quality
WASTEWATER COLLECTION SYSTEM EXTENSION PERMIT
In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina
as amended, and other applicable Laws, Rules, and Regulations, permission is hereby granted to
the
Penmith Holdings, LLC
Mecklenburg County
for the construction and operation of approximately 29 linear feet 8-inch gravity sewer, to serve
34 townhomes, as part of Magnolia Pines development, and the discharge of 6,460 gallons per
day of collected domestic wastewater into the Charlotte Water's existing sewerage system,
pursuant to the application received December 1, 2023, and in conformity with 15A NCAC 2T;the
Division's Gravity Sewer Minimum Design Criteria adopted February 12, 1996, as applicable; the
Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Stations and Force
Mains adopted June 1, 2000, as applicable; and other supporting data subsequently filed and
approved by the Department of Environmental Quality and considered a part of this permit.
This permit shall be effective from the date of issuance until rescinded and shall be subject to the
specified conditions and limitations contained therein.
,—DocuSigned by:
b , Gam,
`-27DF9ACF858043F_.
by Andrew H. Pitner, P.G., Regional Supervisor
Water Quality Regional Operations Section
Division of Water Resources, NCDEQ
By Authority of The Environmental Management Commission
Permit Number: WQ0044966
Permit Issued: December 12, 2023
Page 3 of 8
SUPPLEMENT TO PERMIT COVER SHEET
Penmith Holdings, LLC is hereby authorized to:
Construct,and then operate upon certification the aforementioned wastewater collection extension. The
sewage and wastewater collected by this system shall be treated in the Charlotte Water's McAlpine Creek
Wastewater Treatment Facility in accordance with Permit Number NC0024970.
Permitting of this project does not constitute an acceptance of any part of the project that does not meet
15A NCAC 2T; the Division's Gravity Sewer Minimum Design Criteria adopted February 12, 1996, as
applicable; and the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Stations and
Force Mains adopted June 1, 2000, as applicable, unless specifically mentioned herein. Division approval
is based on acceptance of the certification provided by a North Carolina-licensed Professional Engineer in
the application. It shall be the Permittee's responsibility to ensure that the as-constructed project meets
the appropriate design criteria and rules.
Construction and operation is contingent upon compliance with the Standard Conditions and any Special
Conditions identified below.
SPECIAL CONDITIONS
1. This permit shall become voidable unless the agreement between Penmith Holdings, LLC, and
Charlotte Water for the collection and final treatment of wastewater is in full force and effect. [15A
NCAC 02T.0304(h)]
2. No flow in excess of the quantity permitted herein, 6,460 GPD, shall be made tributary to the subject
sewer system until an application for permit modification for an increase in flow has been submitted
to and approved by the Division. [15A NCAC 02T.0304(b)]
3. The Operational Agreement between the Permittee and the Environmental Management Commission
is incorporated herein by reference and shall be a condition of this permit. Noncompliance with the
terms of the Operational Agreement shall subject the Permittee to all sanctions provided by North
Carolina General Statutes §143-215.6A to §143-215.6C for violation of or failure to act in accordance
with the terms and conditions of this permit. [15A NCAC 02T.0115]
II. STANDARD CONDITIONS
1. This permit shall not be transferable. In the event there is a desire for the wastewater collection
facilities to change ownership, or there is a name change of the Permittee, a formal permit request
shall be submitted to the Division accompanied by documentation from the parties involved, and
other supporting materials as may be appropriate. The approval of this request shall be considered
on its merits and may or may not be approved. [15A NCAC 02T.0104; G.S 143-215.1(d3)]
2. This permit shall become voidable unless the wastewater collection facilities are constructed in
accordance with the conditions of this permit; 15A NCAC 2T; the Division's Gravity Sewer Minimum
Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for
Page 4 of 8
the Fast-Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable; and
other supporting materials unless specifically mentioned herein. [15A NCAC 02T.0110]
3. This permit shall be effective only with respect to the nature and volume of wastes described in the
application and other supporting data. [15A NCAC 02T .0110]
4. The wastewater collection facilities shall be properly maintained and operated at all times. The
Permittee shall maintain compliance with an individual system-wide collection system permit for the
operation and maintenance of these facilities as required by 15A NCAC 2T .0403. If an individual
permit is not required,the following performance criteria shall be met: [15A NCAC 02T.0108(b)]:
a. The sewer system shall be effectively maintained and operated at all times to prevent discharge
to land or surface waters, and to prevent any contravention of groundwater standards or surface
water standards.
b. A map of the sewer system shall be developed and shall be actively maintained.
c. An operation and maintenance plan including pump station inspection frequency, preventative
maintenance schedule, spare parts inventory and overflow response has been developed and
implemented.
d. Pump stations that are not connected to a telemetry system shall be inspected every day(i.e. 365
days per year). Pump stations that are connected to a telemetry system shall be inspected at
least once per week.
e. High-priority sewer lines shall be inspected at least once per every six-months and inspections are
documented.
f. A general observation of the entire sewer system shall be conducted at least once per year.
g. Overflows and bypasses shall be reported to the appropriate Division regional office in accordance
with 15A NCAC 2B .0506(a), and public notice shall be provided as required by North Carolina
General Statute §143-215.1C.
h. A Grease Control Program is in place as follows:
1. For public owned collection systems, the Grease Control Program shall include at least
biannual distribution of educational materials for both commercial and residential users and
the legal means to require grease interceptors at existing establishments. The plan shall also
include legal means for inspections of the grease interceptors, enforcement for violators and
the legal means to control grease entering the system from other public and private satellite
sewer systems.
2. For privately owned collection systems, the Grease Control Program shall include at least bi-
annual distribution of grease education materials to users of the collection system by the
permittee or its representative.
3. Grease education materials shall be distributed more often than required in Parts (1) and (2)
of this Subparagraph if necessary to prevent grease-related sanitary sewer overflows.
i. Right-of-ways and easements shall be maintained in the full easement width for personnel and
equipment accessibility.
j. Documentation shall be kept for Subparagraphs(a)through (i)of this Rule for a minimum of three
years with exception of the map, which shall be maintained for the life of the system.
Page 5 of 8
5. The Permittee shall report by telephone to a water resources staff member at the Mooresville
Regional Office, telephone number (704) 663-1699 as soon as possible, but in no case more than 24
hours, followingthe occurrence or first knowledge of the occurrence of either of the following:
:
g g
a. Any process unit failure,due to known or unknown reasons,that renders the facility incapable
of adequate wastewater transport, such as mechanical or electrical failures of pumps, line
blockage or breakage, etc.; or
b. Any SSO and/or spill over 1,000 gallons; or
c. Any SSO and/or spill, regardless of volume, that reaches surface water
Voice mail messages or faxed information is permissible, but this shall not be considered as the initial
verbal report. Overflows and spills occurring outside normal business hours may also be reported to
the Division of Emergency Management at telephone number (800) 858-0368 or (919) 733-3300.
Persons reporting any of the above occurrences shall file a spill report by completing and submitting
Part I of Form CS-SSO (or the most current Division approved form) within five days following first
knowledge of the occurrence. This report must outline the actions taken or proposed to be taken to
ensure that the problem does not recur. Part II of Form CS-SSO(or the most current Division approved
form) can also be completed to show that the SSO was beyond control. [G.S. 143-215.1C(a1)]
6. Construction of the gravity sewers, pump stations, and force mains shall be scheduled so as not to
interrupt service by the existing utilities nor result in an overflow or bypass discharge of wastewater
to the surface waters of the State. [15A NCAC 02T.0108(b)]
7. Upon completion of construction and prior to operation of these permitted facilities, the completed
Engineering Certification form with checklist attached to this permit shall be submitted with the
required supporting documents to the address provided on the form. A complete certification is one
where the form is fully executed and the supporting documents are provided as applicable. Any
wastewater flow made tributary to the wastewater collection system extension prior to completion
of this Engineer's Certification shall be considered a violation of the permit and shall subject the
Permittee to appropriate enforcement actions.
If the permit is issued to a private entity with an Operational Agreement,then a copy of the Articles
of Incorporation, Declarations/Covenants/Restrictions, and Bylaws that have been appropriately
filed with the applicable County's Register of Deeds office shall be submitted with the certification.
A complete certification is one where the form is fully executed and the supporting documents are
provided as applicable. Supporting documentation shall include the following:
a. One copy of the project construction record drawings(plan & profile views of sewer lines&force
mains) of the wastewater collection system extension. Final record drawings should be clear on
the plans or on digital media (CD or DVD disk) and are defined as the design drawings that are
marked up or annotated with after construction information and show required buffers,
separation distances, material changes, etc.
b. One copy of the supporting applicable design calculations including pipe and pump sizing,velocity,
pump cycle times, and level control settings, pump station buoyancy, wet well storage, surge
protection, detention time in the wet well, and force main, ability to flush low points in force
mains with a pump cycle, and downstream sewer capacity analysis. If a portable power source or
pump is dedicated to multiple stations, an evaluation of all the pump stations' storage capacities
Page 6 of 8
and the rotation schedule of the portable power source or pump, include travel timeframes, shall
be provided.
c. Changes to the project that do not result in non-compliance with this permit, regulations, or the
Minimum Design Criteria should be clearly identified on the record drawings, on the certification
in the space provided, or in written summary form.
Prior to Certification (Final or Partial): Permit modifications are required for any changes resulting
in non-compliance with this permit(including pipe length changes of 10%or greater,increased flow,
pump station design capacity design increases of 5%or greater, and increases in the number/type
of connections), regulations,or the Minimum Design Criteria. Requested modifications or variances
to the Minimum Design Criteria will be reviewed on a case-by-case basis and each on its own merit.
Please note that variances to the Minimum Design Criteria should be requested and approved during
the permitting process prior to construction. After-construction requests are discouraged by the
Division and may not be approved, thus requiring replacement or repair prior to certification &
activation. [15A NCAC 02T.0116]
8. Gravity sewers installed greater than ten percent below the minimum required slope per the Division's
Gravity Sewer Minimum Design Criteria shall not be acceptable and shall not be certified until
corrected. If there is an unforeseen obstacle in the field where all viable solutions have been
examined, a slope variance can be requested from the Division with firm supporting documentation.
This shall be done through a permit modification with fee. Such variance requests will be evaluated
on a case-by-case basis. Resolution of such request shall be evident prior to completing and submitting
the construction certification. [ 15A NCAC 02T.0105(n)]
9. A copy of the construction record drawings shall be maintained on file by the Permittee for the life of
the wastewater collection facilities. [15A NCAC 02T.0116]
10. Failure to abide by the conditions and limitations contained in this permit; 15A NCAC 2T;the Division's
Gravity Sewer Design Criteria adopted February 12, 1996 as applicable;the Division's Minimum Design
Criteria for the Fast-Track Permitting of Pump Station and Force Mains adopted June 1, 2000 as
applicable; and other supporting materials may subject the Permittee to an enforcement action by
the Division, in accordance with North Carolina General Statutes §143-215.6A through §143-215.6C,
construction of additional or replacement wastewater collection facilities,and/or referral of the North
Carolina-licensed Professional Engineer to the licensing board. [15A NCAC 02T .0104; 15A NCAC 02T
.0108(b-c)]
11. In the event that the wastewater collection facilities fail to perform satisfactorily, including the
creation of nuisance conditions,the Permittee shall take immediate corrective action, including those
as may be required by this Division, such as the construction of additional or replacement facilities.
[15A NCAC 02T.0110; 15A NCAC 02T.0108(b)]
12. The issuance of this permit shall not exempt the Permittee from complying with any and all statutes,
rules, regulations,or ordinances that may be imposed by the Division any other Federal,State,or Local
government agencies which have jurisdiction or obtaining other permits which may be required by
the Division or any other Federal, State, of Local government agencies. [G.S. 143-215.1(b)]
Page 7 of 8
CERTIFICATION CHECKLIST
To be completed by the certifying engineer prior to operation of the permitted sewers, per 15A NCAC 02T.0116.
Certifying Engineer:
Certification Review Date:
Project Name:
WQ00 Project County:
1) Has permittee information changed since the permit was issued (or last modified): change of mailing address,
change of ownership, transfer from developer to HOA/POA, etc. n Yes n No
• If yes, please provide either a change of ownership form or new contact information. Note that transfer of
permits from the developer to the HOA/POA must occur with the first certification.
2) Have the as-built drawings have been signed,sealed, and dated by an N.C. PE? ❑ Yes ❑ No
3) Final Engineering certification? n Yes n No
• If Partial Engineering certification, provide detailed narrative including what is being certified in the current
phase,what was previously certified(if applicable),and what is left to be certified.
4) Adequate information related to sewer lines: n Yes n No n N/A
• Three feet minimum cover has been provided for all sewers unless ferrous pipe was installed.
• Minimum diameters for gravity sewers are 8-inches for public lines and 6-inches for private lines.
• Manholes have been installed: At the end of each line, at all changes in grade, size, or alignment, at all
intersections, and at distances not greater than 425 feet; minimum diameter shall be 4 feet(48-inches).
5) Adequate information related to pump stations: n Yes n No ❑ N/A
• Ensure power reliability option was selected per 15A NCAC 02T.0305(h).
6) Was project construction completed in accordance with all of the following: n Yes n No n N/A
• 15A NCAC 02T, Minimum Design Criteria (MDC)for the permitting of Gravity Sewers (latest version), and MDC
for the Permitting of Pump Stations and Force Mains (latest version)?
If not, a variance approval is required in accordance with 15A NCAC 02T.0105(b), prior to certification and operation.
• Contact the Central Office to discuss the variance to determine a course of action.
• Applicant must submit two copies of the variance request form, plans, specifications, calculations,and any other
pertinent information to the Central Office (one hard copy, one digital copy).
• The central office will review the variance request, and if approvable, specific language regarding the variance
will be incorporated into the permit, either via a special condition or a supplementary letter.A copy of the
reissued permit with variance language or the variance letter must be maintained with the original documents.
7) Does the project contains high priority lines(15A NCAC 02T.0402(2))? ❑ Yes n No
• If yes, ensure that the permit already contains the necessary condition related to high priority lines 15A NCAC
02T.0403 (a)(5). If the permit does not include this language,the Fast Track reviewer will reissue the permit with
the appropriate language.
8) Are Permit modifications are required for any changes resulting in non-compliance with this permit(including pipe
length difference of 10%or greater,change in flow, pump station design capacity design change of 5%or greater,and
change in the number/type of connections)? ❑ Yes n No
• If yes, a permit modification request must be submitted to the appropriate Regional Office, and a modified
permit with revised certification must be issued prior to certification and operation.
NC DWR—Water Quality Regional Operations Section 610 East Center Avenue,Suite 301, Mooresville, NC 28115
Mooresville Regional Office Phone: (704)663-1699 FAX: (704)-633-6040
FAST TRACK SEWER ENGINEERING CERTIFICATION
PERMITTEE: Penmith Holdings, LLC
PERMIT #: WQ0044966
PROJECT: Magnolia Pines
ISSUE DATE: December 12, 2023
This project shall not be considered complete nor allowed to operate in accordance with Condition 7 of
this permit until the Division has received this Certification and all required supporting documentation. It
should be submitted in a manner that documents the Division's receipt. Send the required documentation
the Regional Supervisor, Water Quality Regional Operations Section at the address at the bottom.
Any wastewater flow made tributary to the wastewater collection system extension prior to completion
of this Certification shall be considered a violation of the permit and shall subject the Permittee to
appropriate enforcement actions. The Permittee is responsible for tracking all partial certifications up
until a final certification is received. A Final Certification shall be a complete set of record drawings and
design calculations regardless of whether partials have been submitted.
PERMITTEE'S CERTIFICATION
I, the undersigned agent for the Permittee, hereby state that this project has been constructed pursuant
to the applicable standards & requirements, the Professional Engineer below has provided applicable
design/construction information to the Permittee, and the Permittee is prepared to operate & maintain
the wastewater collection system permitted herein or portions thereof.
Printed Name,Title Signature Date
ENGINEER'S CERTIFICATION
I, , as a duly registered Professional Engineer in the State of North Carolina,
having been authorized to observe (❑ periodically, ❑ weekly, n full time) the construction of the
project name and location as referenced above for the above Permittee hereby state that,to the best of
my abilities, due care and diligence was used in the observation of the following construction:
approximately 29 linear feet 8-inch gravity sewer;such that the construction was observed to be built
within substantial compliance of this permit; 15A NCAC 02T; the Division of Water Resources' (Division)
Gravity Sewer Minimum Design Criteria adopted February 12, 1996,as applicable;the Division's Minimum
Design Criteria for the Fast-Track Permitting of Pump Stations and Force Mains adopted June 1, 2000, as
applicable; and other supporting materials.
North Carolina Professional Engineer's Seal w/signature &date:
n Final ❑ Partial (include description)
Certification Comments/Qualifiers(attach if necessary):
1 .1:11 Q.0 North Carolina Department of Environmental Quality ! Division of Water Resources
Mooresville Regional Office 601 East Center Avenue,Suite 301 I Mooresville,NC 28115
70�.663J699
4. �t wwwsr ho �/
For Registration
Fredrick Smith
Register of Deeds
Mecklenburg County, NC
Electronically Recorded
2024 Mar 28 10:28 AM RE Excise Tax: $ 0.00
Book: 38719 Page: 156 - 159 Fee: $ 26.00
Instrument Number: 2024027591
NORTH CAROLINA
NON-WARRANTY DEED
Excise Tax: $ 0.00 Recording Time, Book and Page
Tax Parcel No. 169-09-105 & 169-09-104 Parcel Identifier No.
Mail after recording to: Grantee
This instrument prepared by: (JAB)McMillan PLLC — 123 E 27`h Street, Suite 101, Charlotte, NC 28206
THIS DEED made this 37 day of March, 2024 by and between:
GRANTOR
Penmith Holdings, LLC
1213 W Morehead Street, Suite 450
Charlotte, NC 28208
GRANTEE
J2 Land Investments, LLC
6549 Morehead Road
Harrisburg, NC 28075
The designation Grantor and Grantee as used herein shall include said parties, their heirs, successors,
and assigns, and shall include singular, plural, masculine, feminine or neuter as required by context.
WITNESSETH, that the Grantor, for a valuable consideration paid by the Grantee, the receipt of
which is hereby acknowledged, has and by these presents does grant, bargain, sell and convey unto the
Grantee in fee simple, all those certain lots or parcels of land situated in the City of Charlotte,
Mecklenburg County, North Carolina, and more particularly described as follows:
SEE"EXHIBIT A" ATTACHED HERETO
Submitted electronically by "cooper Legal Firm PC"
in compliance with North Carolina statutes governing recordable documents
and the terms of the submitter agreement with the Mecklenburg County Register of Deeds.
For Informational Purposes Only:
Property Address: 6026 and 6034 Old Pineville Road, Charlotte, NC 28217
Parcel ID: 16909105 and 16909104
The property hereinabove described was acquired by Grantor by instrument recorded in Book 38657,
Page 319 and 38657, Page 323 of the Mecklenburg County Registry.
TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances
thereto belonging to the Grantee in fee simple.
Grantor makes no warranty, express or implied, as to the title to the property hereinabove described.
[SIGNATURES APPEAR ON FOLLOWING PAGE]
IN WITNESS WHEREOF, the Grantor has hereunto set her hand and seal, or, if corporate, has caused
this Deed to be executed by its duly authorized officers and its seal to be hereunto affixed, the day and
year first above written.
Penmith Holdings, LLC
By: (SEAL)
Brian mith, Member/Manager
STATE OF A/C-,
Plecke-ttn COUNTY
I certify that the following person(s) personally appeared before me this day, each acknowledging to
me that he or she voluntarily signed the foregoing document for the purpose stated therein and in the
capacity indicated: Brian Smith, Member/Manager of Penmith^ Holdings, LLC.
Witness my hand and official stamp or seal, this the / day of March 2024.
My Commission Expires: I2/V I C
Notary Public
Print Notary Name: 7i'"-t
Notary Public
Mecklenburg
Ea County
My Comm. Exp.
12-03-2025
�� \ \`.
EXHIBIT A
Tract I: Commonly known as 6034 Old Pineville(PIN 16909104)
BEGINNING at an existing 4"iron rod in the common line of Lots 26 and 27 (see MB 4 Pg 119), said
rod being S16°06'24"E 100.04 feet from an existing 3/8" iron rod in the common corner between Lot
27 and the lands of Charlotte-Pacific, LLC, now or formerly (see DB 30893 Pg 163), and that 3/8" rod
being S16°00'35"E 140.16 feet from an existing 1" iron pin in the line of Charlotte-Pacific, LLC;
thence N73°57'02"E 29.11 feet to a calculated point in the center line of the 60-foot public right-of-
way known at Old Pineville Road (DB 18757 Pg 279); thence S15°34'52"E 100.00 feet to a calculated
point in the center line of Old Pineville Road; thence S73°57'02W 28.19 feet to a new iron rod, in
the line of Jan Eugene Boyter, now or formerly (see DB 4404 Pg 867); thence continuing with the line
of Boyter S73°57'02"W 271.81 feet to a calculate point in the line of Charlotte-Pacific, LLC; thence
with the line of Charlotte-Pacific, LLC N15°34'52"W 100.00 feet to an existing 3/8" iron rod in the
line of Charlotte-Pacific, LLC, a common corner of Lots 26 and 27 (MB 4 Pg 119); thence with the
common line between Lots 26 and 27, N73°57'02"E 270.89 feet to the point of BEGINNING, being
.6229 acres more or less, as surveyed by R.B. Pharr& Associates, PA on May 23, 2023. (See also part
of Lot 27,MB4Pg 119)
Tract 2: Commonly known as 6026 Old Pineville(PIN 16909105)
BEGINNING at an existing 3/8" iron rod, in the line of Charlotte-Pacific, LLC, now or formerly (see
DB 30893 Pg 163), said rod being S16°00'35"E 140.16 feet from an existing I" iron pin in the line of
Charlotte-Pacific, LLC; thence N74°01'04"E 30.01 feet to a calculated point in the center line of the
60-foot public right-of-way known at Old Pineville Road (DB 18757 Pg 279); thence with the center
line of Old Pineville Road S15°34'4T'E 100.01 feet to a calculated point in the center of Old Pineville
Road, a common corner of Lots 26 and 27 (see MB 4 Pg 119); thence with the line of Lots 26 and 27
S73°57'02"W 29.11 feet to an existing 4" iron rod in the common line of Lots 26 and 27; thence
continuing S73°57'02"W 270.89 feet to an existing 3/8" iron rod in the line of Charlotte-Pacific, LLC;
thence with the line of Charlotte-Pacific, LLC, N15°34'52"W 100.36 feet to an existing 'A" iron pin, a
common corner with Charlotte-Pacific, LLC; thence with the line of Charlotte-Pacific, LLC
N74°01'04"E 269.97 feet to the point of BEGINNING, being .6221 acres more or less, as surveyed by
R.B. Pharr& Associates, PA on May 23, 2023. (See also part of Lot 26, MB 4 Pg 119)
STATE OF NORTH CAR()LINA
COUNTY OF Mecklenburg 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
J2 Land Investments LLC , 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 Mecklenburg County, upon
which it is erecting and will erect dwelling units and other improvements, said development to be known
as Magnolia Pines (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, Magnolia Pines HOA (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 andrepair.
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 and law.
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 part of the common elements and shall thereafter be properly maintained and
operated in conformity with law and the provisions of the permit for construction, operation, repair, and
maintenance of the system and facilities. The Declaration 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 and insurance.
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 yearly budget.
6. In the event the common expense allocation and separate fund are not adequate for the construction, repair,
and maintenance of the Disposal System,the Declaration 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
much of the Disposal System and such necessary and shall convey or transfer as p y 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, 4, 5, 6, 7, and 8 above shall be conditions of any
permit issued by the COMMISSION to the DEVELOPER for the construction, maintenance, repair and
operation of the Disposal System.
10. A copy of this agreement shall be filed at the Register of Deeds in the County(ies)where the Declaration is
filed 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 v 7i L.n'LA d
MANAGEMENT COMMISSION Name of DEVELOPER
By:
S. Daniel Smith (Sig e) c a
Director,Division of Water Resources �� / �y
l�
Print Name and Title
(Date) (Date)
nnnr,r. 7 r ry 111 T..-„ 1 -1''1