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HomeMy WebLinkAboutWQ0040416_Owner (Name Change)_20240618 • • • •I. 5410 Trinity Road P 919.866.4951 TIMMONS GROUP Suite 102 F 919.859.5663 Raleigh, NC 27607 www.timmons.com 6/12/2024 RECEIVELVNCDEQ/DWR Maria Schutte JUN i 4 2024 DWR—Mooresville Regional Office 610 East Center Avenue Mooresville, NC 28115 WCA MOORESVILLE REGIOSONAL OFFICE RE: WQ0040416 Modification-Westport Townhomes-Additional Information Requested Dear Ms. Schutte, Below please find comments received from your office followed by our responses in Bold. 1. The original permit shows The Springs at Westport Club, LLC as the owner and our database does not show that has been updated. A Name/Ownership Change form needs to be submitted to our central office for processing before we can continue. That form may be located on our website here: https://www.deq.nc.gov/about/divisions/water-resources/water-quality- permitting/municipal-npdes-pretreatment-and-col lection-system/collection-systems/name-and- ownership-change You may contact matthew.nevills(a@deq.nc.gov for questions about the ownership change process. Response: Name/Ownership Change form included as part of resubmittal. 2. The original permit was for 3,900 LF of 8" GS—current application page 3 shows 3,307 LF of 8" GS. Is there a reduction in the total length (minus 593 LF of 8" GS)or an addition to the total length (plus 3,307 LF of 8" GS for a total of 7,207 Total LF of 8" GS)? And similar questions for the force main and pump station information-changes to previously permitted or new infrastructure? Please call me to discuss at 704-235-2184. Response: The quantity is accurate and is less than the original permit. This is all a new design/site plan compared to what was originally permitted. Thank you for completing your review. Please do not hesitate to call me if you have questions or need anything else. Kind Regards, Sondra Janssen Project Manager TIMMONS GROUP I www.timmons.com 5410 Trinity Rd., Suite 102 I Raleigh, NC 27607 Office: 919.866.4934 I Fax: 919.859.5663 sondra.janssen(@.timmons.com Your Vision Achieved Through Ours ENGINEERING I DESIGN I TECHNOLOGY State of North Carolina DWR Department of Environmental Quality Division of Water Resources SEWER SYSTEM PERMIT OWNERSHIP/NAME CHANGE Division of Water Resources INSTRUCTIONS FOR FORM: PNOCF 01-16 This form is for ownership changes or name changes of a sewer system 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): ® 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 m02T.0106(c),an alternate person may be designated as the signing official if a delegation letter is provided +I ��>=t�7U1A the criteria in 15A NCAC 02T.0106(b). B. Existing Permit(All Applications): JUN 1 4 2024 ® Submit a copy of the most recently issued permit and certification. C. Property Ownership Documentation(All Applications): 00RE WGRGIOIVAL OFFICE ➢ The Applicant shall demonstrate they are the owner of all property containing the sewwer em acEilities ® 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 15A 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.0115(b),submit an original of the properly executed Operational Agreement(FORM: DEV). F. Package Submitted in Duplicate ® 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 1 of 1 State of North Carolina Department of Environmental Quality DWRDivision of Water Resources SEWER SYSTEM PERMIT OWNERSHIP/NAME CHANGE Division of Water Resources INSTRUCTIONS FOR FORM: PNOCF 01-16 I. EXISTING PERMITTEE INFORMATION: 1. Permittee's name: Springs at Westport Club,LLC 2. Signature authority's name: Thompson G.Daniel III per 15A NCAC 02T.0106(b) 3. Signature authority's title: Member/Manager 4. Permittee's mailing address: P.O.Box 9007 City:Greensboro State:NC Zip:27429- 5. Permittee's contact information: Phone number:(336)255-1498 Fax Number(336)274-1746 Email Address:tdaniel(a,lifeatwestport.com II. APPLICANT INFORMATION: 1. Applicant's name: McBee Apartments,LP 2. Signature authority's name: Thompson G.Daniel III per 15A NCAC 02T.0106(b) 3. Signature authority's title: Partner 4. Applicant's mailing address:P.O Box 9007 City:Greensboro State:NC Zip:27429- 5. Applicant's contact information: Phone number:(336)255-1498 Fax Number(336)274-1746 Email Address:tdaniel@lifeatwestport.com 6. Representative's name: Same as above 7. Representative's title: 8. Representative's contact information Phone number: ( ) - Fax Number( ) - Email Address: III. PERMIT INFORMATION: 1. Existing permit number: WQ0040416 and most recent issuance date:November 14,2018 2. Reason for the permit application: Select 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 IV. CERTIFICATIONS: Existiinng-P�ermittee's Certificationti per 15A NCAC 02T.0106(b): I, /f,0p/4piew lJi OAN/e , It h 4-JA'L� R. 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 penalties up to$25,000 per violation. Signature: Date: o19/29 Applicant's Certification per 15A NCAC 02T.0106(b): I, 7340/1P51 ✓ &, cj4N/6L , / 7?' attest that this application (Signature Authority's name&title from Application Item 11.2&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$10,000 as well as civil penalties up to$25,000 per violation. �/ Signature: Date: �O/`1J27 FORM: PNOCF 01-16 Page 2 of 2 NOV ,t 6 2018 e d0 • Mta s LI��N�yyoirftgi 14 ..�. . ... November 14,2018 Thompson Daniel,Managing Manager The Springs at Westport Club,LLC P.O.Box 9007 Greensboro,NC 27429 Subject Permit No.WQ0040416 -,:" The Springs at Westport Club,LLC Westport Townhomes-North .,..:.::... ...'.....:.._.: . :...Wastewater Collection System Extension Permit '. ._.:Lincoln.County Dear Mr.Bolognia: In accordance with your application received November 8,2018,. and additional information received on November 14,2018,we.are forwarding herewith Permit No. WQ0040416 dated November 14,2018 to the Springs at Westport Club,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 II.1: This:permit shall not be automatically transferable;a request must be made and approved. - Condition II: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 IL7: Upon completion of construction and prior to operation of these permitted facilities, the completed Engineering Certification form-`with checklist attached to this permit shill 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. [15A NCAC 02T.01:16] 1141- 4- .004 State of North Carolina I Environmental.Quality.I.Water Resources Water Quality Regional Operations Mooresville Regional Office 1610 East Center Avenue,Suite 301 I Mooresville,North Carolina 28115 704 6631699 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 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@ncdenr.gov. Sincerely,_ f—DocuSignneedd by: "---A14CC681AF27425... for Linda Culpepper Interim Director, Division of Water Resources by W.Corey Basinger,Regional Supervisor Water Quality Regional Operations Section Division of Water Resources,NCDEQ cc: Larissa Coles(P.E.) (E-copy) Mooresville Regional Office Files(Laserfiche) Water Resources Central Files(Laserfiche) PERCS(Laserfiche) Page 2 of 10 ... ...:.::. • 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 _ r. Tber Spnnp at We3tport lUb�"L')�'C.,.,- Lincoln County • for the construction and operation of approximately 3,900 linear feet of 8-inch'gravity sewer; 3,000 linear feet of 4-inch force main;a-148 gallon per minute pump with 131 feet total dynamic head pump station equipped with anon-site audible and visual high water alarms,telemetry,and, t . a permanent generator with automatic transfer switch,to serve 120 three bedroom homes as part , of Westport Townhionies. North development, and the discharge of 28,800 gallons per day of collected wastewater into the,Lincoln County existing sewerage system, pursuant to the application received November 8,2018, and additional information received on November 14, 2.01.8, 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 of1ump Stations and.Force Mains adopted June 1,2000,as applicable; and other supporting data subsequently filed and approved by the.Department of Environment and Natural Resources and considered a:part-of this Fermit This permit shall be:-effective from the date of issuance-until:rescinded and shall be subject to the specified conditions and limitations contained therein. --docuaigned by: �114CC681AF27425..:. . :, .-; . . for Linda Culpepper Interim Director,Division of.Water Resources ' by W. Corey Basinger, Regional Supervisor Water Quality Regional ty g Operations.Section' . Division-of Water Resources,NCDEQ By authority of the Environmental'Management Commission Permit Number: WQ0040416 Permit Issued: November 14,2018 • • of 10 Rage 3 SUPPLEMENT TO PERMIT COVER SHEET The Springs at Westport Club,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 Killian Creek Waste Water Treatment Facility in accordance with Permit Number NC0088722. 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 andrules. Construction and operation is contingent upon compliance with the Standard Conditions and any Special Conditions identified below. I. SPECIAL CONDITIONS 1)No flow in excess of the quantity permitted herein, 28,800 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)]. II. STANDARD CONDITIONS 1. This permit is not 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 the-Fast-Track Perntitting 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: [1,5A NCAC 02T.0108(b)]: Page 4 of 10 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.frequeney,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. . . . ;High-priority sewer:lines shall be inspected',at.least once per every.sib months and inspections 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 213 .0506(a), and public notice_.shall be provided as required by •North Carolina General Statute'§143-215.1 C. h.: A Grease Control Program is in placeas 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 r . .permittee;or its representative. 3: Grease education materials shall be distributed more often than required in Parts(1).and(2) - ofthis 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. 5. ThePermittee shall report by telephone to a:water resources staffmember at the Mooresville Regional Office,telephone number(704).663-1699 as soon as possible,-:but in no case more than 24 hours following the occurrence or first knowledge of the occurrence of either of the following: 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.;rir . b: Any SSO and/or spill over 1,000 gallons;or•-!• . .• c: Any SSO;and/or spill,regardless of volume,that reaches:surface.water' Page S of:10 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.lC(al)] 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 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 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 but not limited to 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 Page 6 of 10 • 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 .0.1.161 , • 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 maybe required by the Division or any other Federal, State,.of Local government agencies. [G.S. 143-215.1(b)] • • Page 7 of 10 r CERTIFICATION.CHECKLIST. • To be completed by the certifying engineer priorio operation of the permitted sewers,per 15A NCAC 02T.011.6. Certifying Engineer: - • Certification Review Date: ' Project Name: WQ00. Project County: I) Has pernuttee information changed'since,the permit was issued(or last modified):chapge of mailing address, change of ownership,.transsfer from developer to HOA/POA,etc Q Yes []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:1C.PE?.,[3..-Nes .fl•No: 3) Final Engin eering certification? © Yes ❑No • If Partial Engineering certification,provide detailed>narrativeIncluding whatls being certified in the current phase,whatwas-previouslycertified'(ifapplicable),and:what is lellt.torybe-certified. . 4) Adequate information related to sewer lines: ❑ Yes D No 0 N/A • Three feet minimum cover has been provided for all sewers.uiless'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,of Alignment,,at all • ' unum d'anieter.,shall be 4 feet 48 inches antersectsons;andbf�distances not greater rthfir1;425 feets.rnut`,_ } feet( ,. ); . . -. 5) Adequate information related to pump stations: 0 :Yes_0 `NO .0 N/A optionper .. 02T.0305(h). • Ensure power reliability was selectedI SA NCAC 6) Was project construction completed in accordance with all of the following: .0 Yes D No'[] N/A`' • 15A NCAC 02T,Minimum Design Criteria(IvIDC)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 wo copies-of the variance request form,plans,specifications,calculations, and any other _pertinent information to:the'Central Office, (One(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 supplenlentary: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))? D Yes No • If yes,ensure that the permit already contains the necessary condition related to high priority lines 15A NCAC 02T.0403(aX5).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 but not limited to pipe length changes of 10%or greater,change in flow,pump station design capacity design change.of 5%or greater,and/or change in the number/type of connections)? Q,.Yes...Ej 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 Mooresvillle,Regional..Qffice Phone:. (704)663-1699 FA)(:,(704)-633-6040 r FAST TRACK SEWER ENGINEERING CERTIFICATION PERMITTEE: THE SPRINGS AT WESTPORT CLUB, LLC PERMIT#: WQ0040416 PROJECT: WESTPORT TOWNHOMES -NORTH ISSUE DATE: NOVEMBER 14,2018 This project shall not be considered complete nor allowed to operate in accordance with standard 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 to the Regional Supervisor, Water Quality Regional Operations Section at the address noted in the page footer. 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 by the Division. 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, j 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 construction 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: 0 Final ❑Partial(include description) Certification Comments/Qualifiers(attach if necessary): 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 STATE OF NORTH CAROLINA COUNTY OF.. LINGO Permit No. 141 c 00 1 • DEVELOPER'S OPERATIONAL AGREEMENT This AGREEMENT m de pursuant too G.S. 143-215.1 (dl)and entered into this day`of APRt�-�2crPr P 'J;"by and between the North Carolina Environmental.Management Commission, an agency of the State of North Carolina,hereinafter known:as=the COMMISSION;and The Springs at Westport Club, LLC a corporation/general partnership registered/licensed to do business in the State of North Carolina,hereinafter known as the DEVELOPER. WITNESSETHi • 1.. The DEVELOPER is the owner of the certain lands lying in Lincoln County, upon which it is erecting and will erect dwelling units and other improvements, said development to be known "T ' • as Westport (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,the The Springs at Westport Club (hereinafter Association),a non-profit corporation organized and existing under and by the virtue of the laws of the State of North Carolina, for the purpose, among others, of handling the property,.affairs and:business of the Development; of operating,maintaining, re-constructing and repairing the common elements of the lands and improvements subject to unit ownership, including,the Disposal. System; and of collecting dues and assessments to provide funds for such operation,maintenance,re-construction and repair,.. 6. The COMMISSION desires to assure that the Disposal System of the:.Development is properly constructed, ., maintained and operated in accordance with law and;permit provisions in order to protect the quality of the waters of the'State and he public interesttherein.. 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 mutuallyy 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: FORM: DEV 11-17 Page 1 of 2 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.7. If a wastewater collection system and wastewater treatment and/or disposal facility provided by any city, town, village, county, water and sewer authorities, or other unit of government shall hereinafter become available to serve the Development, the DEVELOPER shall take such action as is necessary to cause the existing and future wastewater of the Development to be accepted and discharged into said governmental system, and shall convey or transfer as much of the Disposal System and such necessary easements as the governmental unit mayrequire as condition of accepting the Development's wastewater: 8. Recognizing that it would be contrary to the public interest and to the public health,safety and welfare for the Association to enter into voluntary dissolution without having made adequate.provision for the continued proper maintenance,repair and operation of its Disposal System,the DEVELOPER shall provide in the Association Bylaws that the Association shall not enter into voluntary dissolution without first having transferred its said system and facilities to some person, corporation..or other entity acceptable to and approvedby 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 The Springs at Westport Club, LLC: MANAGEMENT COMMISSION Name ofDEVELOPER • By: ;,..e W-Linda Culpe r ` (Signature) Interim Director,-Division of.Water Resources Thompson'G. Daniel, Ill- Managing.Member. Print Name and Title /4 / r (Date) (Date) • FORM: DEV 11-17 Page 2of2 ms' . - i t BK 2658 PG 859 - 861 (3) This document presented and filed: 04/13/2017 12:19:29 PM DEED&PLAT Fee$26 00 Transfer Tax $0 00 561372 111111111 Lincoln County North Carolina Danny R.Hester,Register of Deeds 2L9(3) Excise Tax 50.00 � ��jjParcel Identifier No.out of 83 152 VMail after recording to: Kennedy&Wulfborst,P.A.—3758 Hwy 16 North,Denver,NC 28037 This instrument was prepared by: D.Todd Wulfhorst-Kennedy&Wulfhorst,P.A.—3758 Hwy 16 North,Denver,NC 28037 Brief Description for the index 20.542 acres off Ron Howard Road NO TITLE EXAM REQUESTED,NO TITLE OPINION GIVEN NORTH CAROLINA GENERAL WARRANTY DEED THIS DEED made this 26th day of September.2016,by and between GRANTOR GRANTEE TGD I,LLC, MCBEE APARTMENTS,L.P. a North Carolina limited liability company a South Carolina limited partnership and MCBEE APARTMENTS,L.P. PO Box 9007 a South Carolina limited partnership Greensboro,NC 27429 PO Box 9007 Greensboro,NC 27429 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 that certain lot or parcel of land situated in the Catawba Springs Township.Lincoln County'.North Carolina and more particularly described as follows: Beginning at a #4 pin located on the western edge of that 60' right of way as shown in Plat Book F, Page 13, Lincoln County Registry.,said right of way commonly known as Ron Howard Lane,said point also being the northeast corner of the Betty L. Howard property (Lot 5, S.D. Howard Estate property , Plat Book F, Page 13, Estate File 95E67, Lincoln County Registry),thence with the line of Howard South 86 deg 14 min 15 sec West 200.57 feet to a#4 pin at the eastern corner of the S.D. Howard heirs property (Lot 3, S.D. Howard Heirs— Map 4, Plat Book 9, Page 63, Lincoln County Registry); thence with the Howard Heirs line North 48 deg 52 min 00 sec West 308.53 feet to a#4 pin;thence along a new line the following nine(9)courses and distances: (1) North 13 deg 41 min 51 sec East 165.79 feet to a point;(2)North 21 deg 21 min 26 sec East 489.24 feet to a point;(3)South 68 deg 38 min 34 sec East 124.52 feet to a point;(4)North 21 deg 26 min 57 sec East 518.11 feet to a point;(5)following a curse to the right haying a radius of 275.00 feet,a length of 127.86 feet and chord bearing North 84 deg 14 min 02 sec East 126.71 feet to a point;(6)South 82 deg 26 min 47 sec East 254.95 feet to a point;(7)following a curve to the left having a radius of 325.00 feet,a length of 247.47 feet and chord bearing North 75 deg 14 min 23 sec East 241.53 feet to a point;(8)North 53 deg 55 min 34 sec East 0.93 feet to a point;(9)South 66 deg 54 min 27 sec East 68.01 feet to a 1"pin at the northwestern corner of Almeron W.Shanklin property(Deed Book 828, Page 69,Lincoln County Registry;thence with the Shanklin line South 21 deg 21 min 26 sec West 1,281.39 feet to a#4 pin at the northeastern corner of Ronald L. Howard property(Lot 11,S.D. Howard Estate property, Plat Book F, Page 13, Deed Book 695,Page 824 and Deed Book 1057,Page 209,Lincoln County Registry);thence with the Howard line South 86 deg 08 min 09 sec West 77.64 feet to a 1/2"pipe;thence continuing with the Howard line South 86 deg 25 min 41 sec West 238.95 feet to a 3/1" pipe on the eastern edge of that 60' right of way as shown in Plat Book F,Page 13, Lincoln County Registry,said right of way commonly known as Ron Howard Lane;thence crossing over Ron Howard Lane South 88 deg 31 min 15 sec West 59.36 feet to the POINT OF BEGINNING, containing 20.542 acres, more or less,according to that survey entitled"Legal Description Map for TGD I, LLC& McBee Artments," prepared by Dedmon Surveys,dated July 15,2016,a copy of which is attached hereto as Exhibit A. a VICUUTV NAP 66.900 AC.+- TOTAL II IT-------------1,4, , iI I I I ©a?BroBL a aS5 s. .] II I1 I I I I • src6um..rots �:: ::': o --- — m 1 1 I I Pik 0 Pik 4•T e9 II II is Omny II it © 0 I I I I per..— I _ ..� (VII I I I b v Z I I I I :.ter.'' C d cc 1 1 1 1 - ="4= o r n i i i i 46.358 AC.+- • m non ""'1 0 ri I I 1 I PIN 4604-45-8858 'w n t� I •., --laFUTURE DEVELOPMENT — — zpv I ' I y v e m I i , C 1 l f " "- 2 I. 1 �Tc � < 1I 11 • ,, r � \ I1 11 9 ` 4\ iI /731 1M1 CREEK XI eei �0.069 AC.+- I i HJa Z I 1 NN 7Wyv v__i . 8 MI� mCS II {1 r-1 r D7 1 1 1 1 m, m PIN 4804-45-8856 •3 i. Is=mat 22Y n z Z 111' 111 R\ ., MULTI-FAMILY HOUSING LEGEND • ' y v o -- -n -1 z. 1'1 - '1', z\ 20.542 A C.+— :< a _ •�I w•RIAw wac snB.eK. CO 11 I I � � mom30'FROM R/11 ZI m 1, % \• _ma nes Rs � .... .� RDA:20'FRON LOT 1•RE 1, L\ sOE Io'mom for LW 2 !1 1 \1 ,.......,� ©•�••• all\ 11 •-4 WKNW IMOD 1\ 1'\ \ WO 1\ \\ rADtIIDD FOREST SUBDIVISIONme r O PB 14-60 R1A puma Rn FRY. xw IMO o. 1\ 1\ m0 -a 0CD 111_\. \\. Y,,. \ v-H 1MRM RLA,am n 1\ \\ NEW id OK Id 13 -in A V\\\ \\ r. I« a fir O re C. \\\\• \\\\ WTR6 IOW-Mt 1n I \ \\ MOB IL1®IlR / \ \ IDT N \\ I I IDm BOUM u / n ^' rF w I,,. w•.n GR T-15-I4 a;1m Kt>N LEGAL DESCRIPTION MAP DEDMON SURVEYS \.'\ VP• to,Is / r mem sv r A rxe 1•_tar DIR non n mu FOR CHUCK POOVET,PIS/3760 / \\ .� / PIA r err I I 1 I I•r—.., .w Sr ROBERT ,PLS 038T ,�/ I :III GUwfl4 SPRINGS TC7D I,LLC & 3704 NG HIGHWAY H6 NORTH \ .I / I OM7 I�� I 1.F Fa.0 ` WBA TOWNSHIP P.O.Bar 494-DENVER,NE Rion ;� M rou w I C uNcaN courm.NC MCBEE ARTMF.NTS PHONE 704/48314908 ..RR, I R rou I 7 / •DKo A PORTION or*045H ptm TAKOY MOM FM,704/463h170 ro~ I I I flRn.If.N1 o1NeL a PP ROMP OEM ReaR,rR.PIN4004 Mt IOW Wrlr M MN W WW.001016lRtYO5.COM The property does not include the primary residence of the grantor. The property hereinabove described was acquired by Grantor by instrument recorded in Book 1828.Page 334. 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. And the Grantor covenants ss ith the Grantee.that Grantor is seized of the premises in fee simple.has the right to convey the same in fee simple.that title is marketable and free and clear of all encumbrances.and that Grantor will warrant and defend the title against the lawful claims of all persons whomsoever except for the exceptions hereinafter stated. Title to the property hereinabove described is subject to the following exceptions. Valid and enforceable reservations,restrictions,easements,conditions and right-of-ways in the record chain of title. IN WITNESS WHEREOF.the Grantor has hereunto set his hand and seal.or if corporate.has caused this instrument to be signed in its corporate name by its duly authorized officers and its seal to be hereunto affixed by authority of its Board of Directors.the day and year first above ssritten. TGD I,LLC a North Carolina Ii 'ted liability company. By: (SEAL) T. NIELJR.—M AGER MCBEE APARTMENTS,L.P. a South Carolina limited partnership By:Southern Home Management,Inc. Its General Partner By:� <4 (SEAL) OM N GAINES DANIEL,JR —P SIDENT SEAL-STAMP STATE OF NORTH CAROLINA COUNTY OF LINCOLN I certify that the follos ing person(s) personally appeared before me this day. each pp0 1NU[F � y acknowledging to me that he or she signed the foregoing document in the capacity stated: T.G.DANIEL,JR.,MANAGER of Nor°ry public -'= TGD I,LLC, Lincoln Coun _OP Commas/ a North Carolina Limited Liability Company OS/09/2018 5iy Pnes;_ \\ ‘‘P```� Date: cijol gti `` Official S t lure of\rnan My Commission Expires: f� .T�bQ J�..-Gt 1 .Notary Public rj 9 I I`f Noiur 's printed or typed name SEAL-STAMP STATE OF NORTH CAROLINA COUNTY OF LINCOLN I. D. Todd Wulfhorst. Notary Public. certify that THOMPSON GAINES DANIEL, JR.. x`o1y0° U1, ,,,� personally came before me this day and acknowledged that he is President,of SOUTHERN ° HOMES MANAGEMENT, INC., the General Partner of MCBEE APARTMENTS, Nor°r�Public ` ' L.P.,a South Carolina limited partnership,and that by authority duly given and as the act C LmcO1n Coun - E of such entity.he signed the foregoing instrument in its name on its behalf as its act and deed. 0 MY .,“issfon Env = S/09/201 B es tt\ Witness my hand and official seal.this the 27 day of September.2016. Date: Official Sign re of Notary My � Comm si n Expires: '.-1O 1Vl �Grh7t2ST ,Notary Public �1r1�)y BOOK :l ) Z a PAGE 4 01Uititi FILED DATE 6/28/2006 LINCOLN COUNTY Wednesday,June 28,2006 TIME: 1:53 PM STATE OF $3,916.00 BOOK 1828 OA a C Real Estate CAI Excise Tax PAGE 334 21225 ELAINE N. HARMON 46r) REGISTER OF DEEDS LINCOLN COUNTY, NC Excise Tax: $3,916.00 Tax Lot No.: Parcel Identifier No.: Verified by County on the day of , 20_by / TGD I, LLC Mail after recording to:"GRANTEE PO Box 9007 Greensboro, NC 27429 This instrument was prepared by: Sandra L. Knox, P.C., P.O. Box 756 Cornelius, NC 28031 Brief Description For The Index: 66.899 acres, Catawba Springs Township NORTH CAROLINA GENERAL WARRANTY DEED THIS DEED made as (0 of June,2006, by and between: GRANTOR GRANTEE Teunis Van Wingerden and wife, TGD I,LLC,a North Carolina limited liability company, Dirkje Van Wingerden a 30.73%undivided interest,and McBee Apartments,a South Carolina Limited Partnership, a 69.27%undivided interest, as Tenants in Common 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 Grantor,for a valuable consideration paid by Grantee,the receipt of which is hereby acknowledged, has and by these presents does grant, bargain, sell and convey unto Grantee in fee simple, all that certain lot or parcel of land situated in the Huntersville Township, Mecklenburg County, North Carolina and more particularly described as follows: Lying and being in Catawba Springs Township,Lincoln County NC and being more particularly described as follows: bUUK 1 0 0 I'Abt J J J BEGINNING at a point in the centerline of NC Highway#16 said point being the Southwest corner of property of Betty L. Howard(now or formerly)and running thence three courses and distances with property of Betty L. Howard as follows:(1)North 88 deg. 32 min.22 sec. East(crossing a YA inch pin in the eastern edge of the right of way for Highway#16 at 30.23 feet)a total distance of 359.18 feet to a A inch pin;thence(2)North 00 deg.42 min.52 sec.West 100.52 feet to a'''/ inch pipe and(3)North 03 deg.25 min. 10 sec.West 339.33 feet to a'/A inch pipe;thence running a common line with property of Dean E. Fisher(now or formerly)(Book 1105 Page 753)North 69 deg. 04 min.32 sec. East 405.43 feet to an iron pin;thence a running a common line with property of Gary S.McCorkle(now or formerly)(Book 585 page 875)North 68 deg.08 min.38 sec. East 238.06 feet to a 1.25 inch pipe;thence another common line with property of Gary S. McCorkle(now or formerly)(Book 531 Page 841) North 71 deg. 00 min. 15 sec.East 272.76 feet to a 1.5 inch pipe at a 36 foot white oak tree;thence two common lines with property of Richard S. Pope(now or formerly)(Book 927 page 739)as follows:(1)South 40 deg. 13 min. 20 sec. East 592.29 feet to a 1 inch iron pipe in ditch;and(2)South 66 deg.54 min.27 sec. East 485.73 feet to a#4 rebar;thence running a common line with property of Betty N. Freeze(now or formerly)(Book 927 Page 745)South 66 deg.54 min.27 sec. East 211.82 feet to a 1 inch iron rod;thence running a common line with property of Almeron W. Shanklin(now or formerly)(Book 828 Page 69)South 21 deg. 21 min.26 sec.West 1281.39 feet to a#4 rebar;thence running a common line with property of Ronald L. Howard(now or formerly)(Book 695 page 824 and Book 1057 page 209)South 86 deg.08 min. 09 sec. West 77.64 feet to a'A"iron pipe;thence another common line of Ronald L. Howard South 86 deg.25 min.41 sec.West 238.95 feet to a 'A inch pipe;thence running with a 60 foot right of way known as Ron Howard Lane South 88 deg.31 min. 15 sec.West 59.36 feet to a new#4 rebar;thence running a common line with property of Betty L. Howard(now or formerly)(95E-67)South 86 deg. 14 min. 15 sec. West 200.57 feet to a#4 rebar;thence running two common lines with property of the S.D. Howard Heirs (lot 3)as follows. (1)North 48 deg.52 min.00 sec.West 308.53 feet to a'A inch pin and(2)South 43 deg. 13 min. 09 sec.West 124.06 feet to a''A inch pin, thence running two common lines with property of James M. Mehrlick(now or formerly)(Book 1053 Page 830)North 29 deg. 16 min.53 sec.West 314.40 feet to a''A inch pin and(2)South 43 deg. 18 min.38 sec.West(crossing a bent#4 rebar in the eastern edge of the right of way of Highway#16 at 567.79 feet)a total distance of 600.00 feet to a point in the centerline of the right of way of NC Highway#16;thence running with the centerline of N.C.Highway#16 the following thirteen(13)courses and distances: (1)North 25 deg.21 min.03 sec.West 97.78 feet to a point;(2)North 23 deg.22 min.31 sec.West, 101.99 feet to a point; (3)North 21 deg. 17 min.59 sec. West 107.74 feet to a point; (4)North 18 deg.57 min.00 sec.West 106.12 feet to a point; (5)North 17 deg.03 min.58 sec.West 101.40 feet to a point;(6)North 15 deg. 12 min.46 sec.West 99.11 feet to a point;(7)North 13 deg.09 min.05 sec.West 101.60 feet to a point;(8)North 10 deg. 33 min. 14 sec. West 101.24 feet to a point; (9)North 09 deg.02 min.40 sec.West 102.17 feet to a point;(10)North 06 deg.53 min.09 sec.West 99.95 feet to a point;(11)North 04 deg.39 min.03 sec.West 98.37 feet to a point;(12)North 02 deg. 19 min. 16 sec.West 99.80 feet to a point;and(13)North 00 deg. 59 min.29 sec.West 61.61 feet to the point and place of BEGINNING,containing 66.899 acres,more or less. This description is in accordance with plat and survey entitled"Boundary Survey for S.D. Howard Heirs" prepared by Ronnie Dedmon Surveyors P.A dated August 25, 1999,copy of said survey being attached hereto and incorporated herein by reference. LESS AND EXCEPTING FROM THE ABOVE DESCRIBED PROPERTY IS THAT CERTAIN PARCEL OF LAND CONVEYED TO EAST LINCOLN WATER&SEWER DISTRICT FOR PUMP STATION 12 DESCRIBED IN DEED RECORDED BOOK 949 PAGE 731 LINCOLN COUNTY REGISTRY. The property hereinabove described was acquired by Grantor by instrument recorded in Book Page , Lincoln County Public 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. And Grantor covenants with the Grantee. that Grantor is seized of the premises in fee simple, has the right to convey the same in fee simple, that title is marketable and free and clear of all encumbrances, and that Grantor will warrant and defend the title against the lawful claims of all persons whomsoever, except for the exceptions hereinafter stated. • BOOK 1828PAGE 336 Title to the Property is subject to the following except ions: 1. Any and all valid and enforceable easements,conditions,and restrictions of record. 2. Ad valorem real property taxes for 2006 and subsequent years,not yet due and payable. 3. Deferred ad valorem taxes for prior years IN WITNESS WHEREOF,the Grantor has caused this deed to be duly executed under seal,the day and year first above written. (SEAL) Teunis Van Wingerden n')ir Lkk .1-Lat- (SEAL) Dirkje n Wingerden STATE OF NORTH CAROLINA COUNTY OF MECKLENBURG I, tX\Zc- eNotary County, State of North �� � �j��;,,a Public of �� �.� � �;S Carolina,certify that Teunis Van Wingerden and Dirkje Van Wingerden personally came before me this day and acknowledged the due execution of the foregoing instrument for the purposes therein expressed. Witness my hand and official stamp or seal this:72 f(`day of June,2006. )1/71./ 4/ Yr/ 7 Notary P bTic Ffiltx ion Expires: 11 vl o 0(0 The foregoing Certificate of is certified to be correct. This instrument and this certificate are duly registered at the date and time and in the Book and Page shown on the first page hereof. Register of Deeds for Mecklenburg County By: Deputy/Assistant—Register of Deeds STATE OF NORTH CAROLINA COUNTY OF 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 rie43 E-E,1prii£ rc,, LP , 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 A.7v L eLA/ County, upon which it is erecting and will erect dwelling units and other improvements, said development to be known as E-41-r-rolaT To NA o otz:VM (hereinafter the Development). 1 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, WE5-T RI-- th-A t4 t(z--Q1/4 1-koA Twc.. (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: I. The DEVELOPER shall construct the Disposal System in accordance with the permit and plans and specifications hereafter issued and approved by the COMMISSION, and shall thereafter properly operate and maintain such systems and facilities in accordance with applicable permit provisions andlaw. 2. The DEVELOPER shall not transfer ownership and/or control of the Disposal System to the Association until construction has been completed in accordance with the permit and approved plans, and the staff of the Division of Water Resources has inspected and approved of the facilities. In order to change the name of the permit holder, the DEVELOPER must request that the permit be reissued to the Association. The request must include a copy of the Association Bylaws andDeclaration. 3. The DEVELOPER shall not transfer, convey,assign or otherwise relinquish or release its responsibility for the operation and maintenance of its Disposal System until a permit has been reissued to the DEVELOP ER's successor, FORM: DEV 03-19 Page 1 of 2 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 andinsurance. 5. The DEVELOPER shall provide in the Declaration and Association Bylaws that the Disposal System will be maintained out of the common expenses. In order to assure that there shall be funds readily available to repair,maintain or construct the Disposal System, beyond the routine operation and maintenance expenses, the Declaration and Association Bylaws shall provide that a fund be created out of the common expenses Such fund shall be separate from the routine maintenance funds allocated for the facility and shall be part of the 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 system, and shall convey or transfer as much of the Disposal System and such necessary easements as the governmental unit mayrequire as condition of accepting the Development's wastewater. 8. Recognizing that it would be contrary to the public interest and to the public health, safety and welfare for the Association to enter into voluntary dissolution without having made adequate provision for the continued proper maintenance, repair and operation of its Disposal System, the DEVELOPER shall provide in the Association Bylaws that the Association shall not enter into voluntary dissolution without first having transferred its said system and facilities to some person, corporation or other entity acceptable to and approved by the COMMISSION by the issuance of apermit. 9. The agreements set forth in numbered paragraphs 1,2, 3,4, 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 flc6 7 Mtcsi 175. L P MANAGEMENT COMMISSION Name of DEVELOPER Richard E. Rogers,Jr. (Signature) Director, Division of Water Resources 1/4 P5dil 6, 4 rim L Print Name and Title 6- ii-29 (Date) (Date) FORM: DEV 03-19 Page 2 of 2