WQ0040108_Application_20180626

j4r'
URBAN
TRANSMITTAL D E S I G N
PARTNERS
To: Fast Track Sewer Permitting Date:
NCDEQ
610 East Center Ave. Suite 301
Mooresville, NC 28115
1318 a-6 central avenue P 704.334.3303
charlotte, nc 28205 F 704.334.3305
RECEIVEDINCDENRIDWR
JUN 2 5 2018
WQROS
MOORESVILLE REGIONAL OFFICE
6/22/2018
Phone: Project Name: The Cottages at Sardis
Lane
Fax: Project No: 17-043
Transmitted Via: Action:
❑
Overnight
N
UPS Ground
❑
Hand
❑
Mail
❑
Fax
N
For Approval
❑
For Your Use
❑
As Requested
❑
For Review & Comment
❑
For Signature
Number
Date
Description
2
6.18.2018
Cover Letter
1
Check for Application Fee ($480)
2
Completed FTA 04-16 application (Original & Copy)
2
Documentation of registration with the NC Sect. of State
2
FTSE 04-16 Flow Tracking/Acceptance Letter
2
USGS Topo Map
2
Street Map
2
Capacity Assurance Flow Acceptance Letter
2
Developers Operational Agreement (DEV 11-17
1
Set of Utility Plans
Comments
See cover letter
Cc:

1318-e6 central ave. P 704,334.3303
charlotte, no 28205 F 704.334.3305
urbandesignpartners. com
Date: June 18, 2018
U R B A N To: NCDEQ
D E S I G N Attn: Fast Track Sewer Permitting
PARTNERS 610 East Center Ave, Suite 301
Mooresville, NC 28115
Re: The Cottages at Sardis Lane
LOP Project #: 17-043
To whom it may concern,
The attached Fast Track application is being submitted for a proposed residential development,
referred to as The Cottages at Sardis Lane. The site is located near the intersection of Sardis
Lane & Valleybrook Road in Lansdowne, Mecklenburg County, North Carolina. The proposed
private gravity sewer lines related to this application will serve 7 single-family homes. The flow
allocation for this development is 190 GPD per dwelling unit, for a total of 1,330 GPD.
The following items are included within the submittal package:
• Application fee amount ($480.00)
• Completed FTA 04-16 application (Original & Copy)
• Documentation of registration with the NC Sect. of State
• FTSE 04-16 Flow Tracking/Acceptance Form
• USGS Topo Map
• Street Map
• Capacity Assurance Flow Acceptance Letter
• Developers Operational Agreement (DEV 11-17)
• Set of Utility Plans
Please feel free to contact me via email ([e-mail]) or by phone at (704)
334-3303x102 with questions pertaining to The Cottages at Sardis Lane.
Thank you,
Brian D. Smith, P.E.
Partner
Urban Design Partners
I I W I I INRI NF I. IN(. 1 ENII PI LNNINI:

State of North Carolina
RDepartment of Environmental Quality
Division of Water Resources
15A NCAC 02T.0300 —FAST TRACK SEWER SYSTEM EXTENSION APPLICATION
Dlvlslon o9 X_Www�
Water Resources FTA 04-16 & SUPPORTING DOCUMENTATION
Application Number: wa O (214 G I o ? (to be completed by DWR)
All items must be completed or the application will be returned
I. APPLICANT INFORMATION:
1. Applicant's name: Coltrane Development Company. LLC (company, municipality, HOA, utility, etc.)
2. Applicant type: ❑ Individual ® Corporation ❑ General Partnership ❑ Privately -Owned Public Utility
❑ Federal ❑ State/County ❑ Municipal ❑ Other
3. Signature authority's name: Panchali San per ISA NCAC 02T .0106(b)
Title: Developer
4. Applicant's mailing address: 1233 The Plaza Unit 5492
City: Charlotte State: NC Zip: 28299-
5. Applicant's contact information:
Phone number: [phone] Email Address: panchalincanopvclt.com
II. PROJECT INFORMATION:
1. Project name: The Cottages at Sardis Lane
2. Application/Project status: ® Proposed (New Permit) ❑ Existing Permit(Project
If a modification, provide the existing permit number: W000 and issued date:
If new construction but part of a master plan, provide the existing permit number: W000
3. County where project is located: Mecklenburg
4. Approximate Coordinates (Decimal Degrees): Latitude: 35.140799' Longitude:-80.775815°
5. Parcel ID (if applicable): 18718128
(or Parcel ID to closest downstream sewer)
III. CONSULTANT INFORMATION:
1. Professional Engineer: Brian Smith License Number: 27890
Firm: Urban Design Partner
Mailing address: 1318 Central Ave # E6
City: Charlotte State: NC Zip: 28205-
Phone number: [phone] Email Address: brianna.urbandesignpartnerscom
IV. WASTEWATER TREATMENT FACILITY (WWTF) INFORMATION:
1. Facility Name: McAlpine Creek Wastewater Treatment Plant Permit Number: NPDES HCO024970
Owner Name: Charlotte Water
V. RECEIVING DOWNSTREAM SEWER INFORMATION (if different than WWTF):
1. Permit Number(s): WQ N/A Downstream (Receiving) Sewer Size: 8 inch
System Wide Collection System Permit Number(s) (if applicable): WQCS N/A
OwnerName(s): Charlotte Water
FORM: FTA 04-16 Page 1 of 5

VI. GENERAL REQUIREMENTS
1. If the Applicant is a Privately -Owned Public Utility, has a Certificate of Public Convenience and Necessity been attached?
❑ Yes ❑No ®N/A
2. If the Applicant is a Developer of lots to be sold, has a Developer's Operational Agreement (FORM: DM been attached?
®Yes ❑No ❑N/A
3. If the Applicant is a Home/Property Owners' Association, has an Operational Agreement (FORM: HOA) been attached?
❑ Yes ❑No ❑N/A
4. Origin of wastewater: (check all that apply):
® Residential Owned ❑ Retail (stores, centers, malls) ❑ Car Wash
❑ Residential Leased ❑ Retail with food preparation/service ❑ Hotel and/or Motels
❑ School / preschool / day care ❑ Medical / dental / veterinary facilities ❑ Swimming Pool /Clubhouse
❑ Food and drink facilities ❑ Church ❑ Swimming PoollFilter Backwash
❑ Businesses / offices / factories ❑ Nursing Home ❑ Other (Explain in Attachment)
5. Nature of wastewater : 100 % Domestic/Commercial % Commercial
%Industrial (See 15A NCAC 02T.0103(20))
),Is there a Pretreatment Program in effect? ❑ Yes ❑ No
6. Has a flow reduction been approved under 15A NCAC 02T .0114(f)? ❑ Yes ❑ No
➢ If yes, provide a copy of flow reduction approval letter
7. Summarize wastewater generated by project:
Establishment Type (see 02T.01140
Daily Design Flow'•"
No. of Units
Flow
Dwelling Unit
190 gal/day
7
1,330 GPD
gal/
GPD
gal/
GPD
gal/
GPD
gal
GPD
gal/
GPD
Total
1,330 GPD
a See 15A NCAC 02T .0114(b), (d). (e)(1) and (e)(2) for caveats to wastewater design flow rates (i.e., minimum flow per
dwelling; proposedunknown non-residential development uses; public access facilities located near high public use areas;
and residential property located south or east of the Atlantic Intracoastal Waterway to be used as vacation rentals as defined
in G S 42A-4).
b Per 15A NCAC 02T .0114(c), design flow rates for establishments not identified [in table 15A NCAC 02T.01141 shall be
determined using available flow data, water using fixtures, occupancy or operation patterns, and other measured data.
8. Wastewater generated by project: 1 330 GPD (per 15A NCAC 02T .0114)
➢ Do not include future flows or previously permittedallocations
If permitted flow is zero, indicate why:
❑ Pump Station or Gravity Sewer where flow will be permitted in subsequent permits that connect to this line
❑ Flow has already been allocated in Permit Number:
❑ Rehabilitation or replacement of existing sewer with no new flow expected
❑ Other (Explain):
FORM: FTA 04-16 Page 2 of 5

VII. GRAVITY SEWER DESIGN CRITERIA (If Applicable) - 02T .0305 & MDC (Gravity Sewersl:
1. Summarize gravity sewer to be permitted:
Size (inches) Length (feet) Material
8 313 PVC
➢ Section II & III of the MDC for Permitting of Gravity Sewers contains information related to design criteria
➢ Section III contains information related to minimum slopes for gravity sewer(s)
➢ Oversizing lines to meet minimum slope requirement is not allowed and a violation of the MDC
Vill. PUMP STATION DESIGN CRITERIA (If Applicable) — 02T .0305 & MDC (Pump Stations/Force Mains):
COMPLETE FOR EACH PUMP STATION INCLUDED IN THIS PROJECT
I . Pump station number or name: N/A
2. Approximate Coordinates (Decimal Degrees): Latitude: Longitude:
3. Design flow of the pump station: millions gallons per day (firm capacity)
4. Operational point(s) of the pump(s): _ gallons per minute at _ feet total dynamic head (TDH)
5. Summarize the force main to be permitted (for this Pump Station):
Size (inches) Length (feet) Material
6. Power reliability in accordance with 15A NCAC 02T .0305(h)(1):
❑ Standby power source or pump with automatic activation and telemetry - 15A NCAC 02T .0305(h)(1)(13):
➢ Required for all pump stations with an average daily flow greater than or equal to 15,000 gallons per day
➢ Must be permanent to facility
Or if the pump station has an average daily flow less than 15,000 gallons per day:
❑ Portable power source with manual activation, quick -connection receptacle and telemetry - 15A NCAC 02T
.0305(h)(1)(C)
or
❑ Portable pumping unit with plugged emergency pump connection and telemetry - 15A NCAC 02T .0305(h)(1)(C):
➢ It shall be demonstrated to the Division that the portable source is owned or contracted by the applicant (draft agreement)
and is compatible with the station.
➢ If the portable power source or pump is dedicated to multiple pump stations, an evaluation of all the pump stations' storage
capacities and the rotation schedule of the portable power source or pump, including travel timeframes, shall be provided
in the case of a multiple station power outage.
FORM: FTA 04-16 Page 3 of 5

IX. SETBACKS & SEPARATIONS — (02B .0200 & 15A NCAC 02T .0305(f)):
® Yes ❑ No
1. Does the project comply with all separations found in 15A NCAC 02T .0305(f) & (a)
➢ 15A NCAC 02T.0305 contains minimum separations that shall be provided for sewers stems:
Setback Parameter*
Separation Required
Storm sewers and other utilities not listed below vertical
24 inches
Water mains vertical -water over sewer including in benched trenches
18 inches
Water mains horizontal
10 feet
Reclaimed water lines vertical - reclaimed over sewer
18 inches
Reclaimed water lines horizontal - reclaimed over sewer
2 feet
**Any private or public water supply source, including any wells, WS-I waters of Class I or
Class II impounded reservoirs used as a source of drinking water
100 feet
**Waters classified WS (except WS-I or WS-V), B, SA, ORW, HQW, or SB from normal
high water or tide elevation and wetlands see item IX.2
50 feet
**Any other stream, lake, impoundment, or ground water lowering and surface drainage
ditches
10 feet
Any building foundation
5 feet
Any basement
10 feet
Top slope of embankment or cuts of 2 feet or more vertical height
10 feet
Drainage systems and interceptor drains
5 feet
Any swimminR uools
10 feet
Final earth grade vertical
36 inches
➢ 15A NCAC 02T.0305(g) contains alternatives where separations in 02T.0305(fl cannot be achieved.
➢ **Stream classifications can be identified using the Division's NC Surface Water Classifications webpage
➢ If noncompliance with 02T.0305(t) or (a). see Section X of this application
2. Does the project comply with separation requirements for wetlands? (50 feet of separation) ® Yes ❑ No ❑ N/A
➢ See the Division's draft separation requirements for situations where separation cannot be meet
➢ No variance is required if the alternative design criteria specified is utilized in design and constriction
➢ As built documents should reference the location of areas effected
3. Does the project comply with setbacks found in the river basin rules per 15A NCAC 02B .0200? ® Yes ❑ No ❑ N/A
➢ This would include Trout Buffered Streams per 15A NCAC 2B.0202
4. Does the project require coverage/authorization under a 404 Nationwide or ❑ Yes ® No
individual permits or 401 Water Quality Certifications?
➢ Information can be obtained from the 401 & Buffer Permitting Branch
5. Does project comply with 15A NCAC 02T.0105(c)(6) (additional permits/certifications)? ® Yes ❑ No
Per 15A NCAC 02T.0105(c)(6), directly related environmental permits or certification applications are being prepared, have
been applied for, or have been obtained. Issuance of this permit is contingent on issuance of dependent permits (erosion and
sedimentation control plans, stormwater management plans, etc.).
6. Does this project include any sewer collection lines that are deemed "high -priority?"
Per 15A NCAC 02T.0402, "high -priority sewer" means "any aerial sewer, sewer contacting surface waters, siphon, or sewer
positioned parallel to streambanks that is subject to erosion that undermines or deteriorates the sewer.
❑ Yes ® No ❑ N/A
➢ If yes, include an attachment with details for each line, including type (aerial line, size, material, and location).
High priority lines shall be inspected by the permittee or its representative at least once every six -months and inspections
documented per 15A NCAC 02T.0403(a)(5) or the permitee's individual System -Wide Collection permit.
FORM: FTA 04-16 Page 4 of 5

X.
1. Does the submitted system comply with 15A NCAC 02T the Minimum Design Criteria for the Permitting of Pump Stations
and Force Mains (latest version), and the Gravity Sewer Minimum Design Criteria (latest version) as applicable?
® Yes ❑ No
If No, complete and submit the Variance/Alternative Design Request application (VADC 10-14) and supporting documents for
review. Approval of the request is required prior to submittal of the Fast Track Application and supportine documents.
2. Professional Engineer's Certification:
3.
attest that this application for
(Professional Engineer's name from Application Item Ill.1.)
has been reviewed by me and is accurate, complete and consistent with the information supplied in the plans, specifications,
engineering calculations, and all other supporting documentation to the best of my knowledge. I further attest that to the best
of my knowledge the proposed design has been prepared in accordance with the applicable regulations, Gravity Sewer
Minimum Design Criteria for Gravity Sewers (latest version), and the Minimum Design Criteria for the Fast -Track Permitting
of Pump Stations and Force Mains (latest version). Although other professionals may have developed certain portions of this
submittal package, inclusion of these materials under my signature and seal signifies that I have reviewed this material and
have judged it to be consistent with the proposed design.
NOTE — In accordance with General Statutes 143-215.6A and 143-215.61), 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.
has been reviewed by me and is accurate and complete to the best of my knowledge. I understand that if all required parts of
this application are not completed and that if all required supporting documentation and attachments are not included, this
application package is subject to being returned as incomplete. I understand that any discharge of wastewater from this non -
discharge system to surface waters or the land will result in an immediate enforcement action that may include civil penalties,
injunctive relief, and/or criminal prosecution. I will make no claim against the Division of Water Resources should a condition
of this permit be violated. I also understand that if all required parts of this application package are not completed and that if
all required supporting information and attachments are not included, this application package will be returned to me as
incomplete.
NOTE — In accordance with General Statutes 143-215.6A and 143-215.6B, any person who knowingly makes any false
statement, representation, or certification in any application package shall be guilty of a Class 2 misdemeanor, which may
include a fine not to exceed $10,000 as well as civil penalties up to $25,000 per violation.
Signature: Date: W a0 19

"w NORTH CAROLINA
y
9, p� Department of the Secretary of State
YL�!
To all whom these presents shall come, Greetings:
I, Elaine E Marshall, Secretary of State of the State of North Carolina, do hereby certify
the following and hereto attached to be a true copy of
ARTICLES OF ORGANIZATION
OF
COLTRANE DEVELOPMENT COMPANY, LLC
the original of which was filed in this office on the 24th day of July, 2014.
IN WITNESS WHEREOF, I have hereunto set my
hand and affixed my official seal at the City of
Raleigh, this 24th day of July, 2014.
f
Scan to verify online.
Certification# C201420500267-1 Reference# C201420500267-1 Page: I of 3 Secretary of State
Verify this certificate online at www.secretary.state.no.uslverification

SOSID: 1392030
Date Filed: 7/24/20141:18:00 PM
Elaine F. Marshall
State of North Carolina North Carolina Secretary of State
Department of the Secretary of State
C2014 205 00267
Limited Liability Company
ARTICLES OF ORGANIZATION
Pursuant to §57D-2-20 of the General Statutes of North Carolina, the undersigned does hereby submit these
Articles of Organization for the purpose of forming a limited liability company.
1. The name of the limited liability company is: COLTRANE DEVELOPMENT COMPANY, LLC
(.Sec Item Ianhe lnslmcli for e"KWc emiiy dnigm6m)
2. The name and address of each person executing these articles of organization is as follows: (State whether
each person is executing these articles of organization in the capacity of a member, organizer or both.
Note: This document must be signed by all persons listed.)
KEV IN W. TYDINGS (organizer only) 831 EAST MOREHEAD STREET, SUITE 255 CHARLOTTE, NC 28202
3. The name of the initial registered agent is: KEVIN W. TYDINGS
4. The street address and county of the initial registered agent office of the limited liability company is:
Number and Street 831 EAST MOREHEAD STREET, SUITE 255
City: CHARLOTTE State: NC Zip Code: 28202 County: MECKLENBURG
5. The mailingaddress, if different from the street address, of the initial registered agent office is:
Number and Street
City State: — Zip Code: County:
6. Principal office information: (Select either a orb.)
a. ❑ The limited liability company has a principal office.
The principal office telephone number:
The street address and county of the principal office of the limited liability company is:
Number and Street
City
State: Zip Code: County:
The mailing address, if different from the street address, of the principal office of the company is:
Number and
City
State:_ Zip Code: County:
b. N The limited liability company does not have a principal office.
CORPORATIONS DIVISION P.O. Box 29622 RALEIGH, NC 27626-0622
(Revised January 2014) 1 (Form L-01)

7. Any other provisions which the limited liability company elects to include (e.g., the purpose of the entity)
are attached.
8. (Optional): Please provide a business e-mail addre Privacy Redaction
The Secretary of State's Office will e-mail the business automatically at the address provided above at no
cost when a document is filed. The e-mail provided will not be viewable on the website. For more
information on why this service is offered, please see the instructions for this document:
These artYcles will be effective upon filing, unless a future date is specified:
This is the 0� 3 day of July, 2014.
COLTRANE DEVELOPMENT COMPANY, LLC
Signature
KEVIN W. TYDINGS (organizer only)
Type or Print Name and Title
01<0111.nnk�adu
NOTES:
I. Filing fee is $125. This document must be filed with the Secretary of State.
CORPORATIONS DIVISION P.O. Box 29622 RALEIGH, NC 27626-0622
(Revised January 2014) 2 (Form L-01)

CHARLOTTE
W TER
June 8, 2018
Mr. Panchali Sau
Coltrane Development Company
1233 The Plaza, Unit 5492
Charlotte, NC 28205
SUBJECT: WATER AND SEWER FLOW ACCEPTANCE
THE COTTAGES AT SARDIS LANE
412 SARDIS LANE, CHARLOTTE NC
CLTWATER TRACKING# 2018793
After an analysis of the sanitary sewer associated with the proposed design of project 2018793, The
Cottages at Sardis Lane, it was determined that there is sufficient capacity to accommodate the
proposed sewer flow of 1,330 gallons per day (7 lots x 190 gpd/lot) at the connection point(s)
indicated on the submitted utility plan for transmission to the McAlpine Creek Wastewater Treatment
Plant; NPDES permit number NC0024970, for treatment. This acceptance of flow is based upon the
existing capacity of the designated publicly owned treatments works. Please see the attached NC
DEQ FTSE form.
Charlotte Water (CLTWater) agrees to furnish water to the subject project. The water quality to the
subject project is regulated by the State Drinking Water Act Amendments of 1986 and The Water
Supply Management Plan, PWS ID # 0160010 on file with the Public Water Supply Section of
NCDEQ. However, CLTWater cannot guarantee a constant pressure or quality of flow.
The applicant should understand that due to the involvement of other agencies and continuing
growth of the water system, the ability to provide service for future projects cannot be guaranteed
nor reserved. Connection to the CLTWater system is accepted on a first come, first served basis.
The applicant should understand that this letter is not authorization to construct or extend private
water or sewer systems, as the appropriate local or State permits are required prior to construction.
If the appropriate authorization to construct permits are not obtained construction has not started
within (2) years of issuance of this flow acceptance and payment for any service connections have
not been received within (2) years of issuance of this flow acceptance letter, this flow acceptance
approval shall be rescinded and a new flow acceptance request must be made. If you have any
questions, please do not hesitate to contact me at [phone].
Sincerely,
Gwendolyn Banner
Engineering Assistant
Charlotte Water 5100 Brookshire Blvd, Charlotte, NC 28216 charlottewater.org
191 Operated by the City of Charlotte

DWFG
Division of Water Resources
Entity Requesting Allocation:
State of North Carolina
Department of Environmental Quality
Division of Water Resources
Flow Tracking/Acceptance for Sewer Extension Applications
(FTSE 04-16)
Coltrane Development Company
Project Name for which flow is being requested: The Cottages at Sardis Lane
More than one FTSE may be required for a single project if the owner of the WWTP is not responsible for all pump
stations along the route of the proposed wastewater flaw.
1. Complete this section only if you are the owner of the wastewater treatment plant.
a. WWTP Facility Name: McAlpine Creek, Irwin Creek, Sugar Creek
b. WWTP Facility Permit #: NCo024970, NCo024945, NCO024937
c. WWTP facility's permitted flow
d. Estimated obligated flow not yet tributary to the WWTP
e. WWTP facility's actual avg. flow
f. Total flow for this specific request
g. Total actual and obligated flows to the facility
h. Percent of permitted flow used
All flows are in MGD
99.0
11.488
65.008
0.001
76.497
77.3%
11. Complete this section for each pump station you are responsible for along the route of this
proposed wastewater flow.
List pump stations located between the project connection point and the WWTP:
(A)
Design
Pump
Average Daily
Station
Firm Flow**
(Name or
Capacity, * (Firm / p f),
Number)
MGD MGD
(B)
(C)
(D)=(B+C) (E)=(A-D)
Obligated,
Approx.
Not Yet
Total Current
Current Avg.
Tributary
Flow Plus
Daily Flow,
Daily Flow,
Obligated Available
MGD
MGD
Flow Capacity***
* The Firm Capacity of any pump station is defined as the maximum pumped flow that
can be achieved with the largest pump taken out of service.
** Design Average Daily Flow is the firm capacity of the pump station divided by a peaking
factor (pf) not less than 2.5.
*** A Planning Assessment Addendum shall be attached for each pump station located
between the project connection point and the WWTP where the Available Capacity is < 0.
Downstream Facility Name (Sewer): Lansdowne Sub.
Downstream Permit Number: Unknown
Page I of 6
FTSE 04-16

111. Certification Statement:
Keri Cantrell certify to the best of my knowledge that the addition of
the volume of wastewater to be permitted in this project has been evaluated along the route to the
receiving wastewater treatment facility and that the flow from this project is not anticipated to
cause any capacity related sanitary sewer overflows or overburden any downstream pump station
en route to the receiving treatment plant under normal circumstances, given the implementation
of the planned improvements identified in the planning assessment where applicable. This
analysis has been performed in accordance with local established policies and procedures using
the best available data. This certification applies to those items listed above in Sections 1 and Il
plus all attached planning assessment addendums for which I am the responsible party.
Signature of this form indicates acceptance of this wastewater flow.
Signing Official Signature
KA.. 6/7/2018
Date
Page 2 of 6
FTSE 04-16

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STATE OF NORTH CAROLINA COUNTY OF Mecklenburg Permit No. ' - 4w4ytn?
DEVELOPER'S OPERATIONAL AGREEMENT
This AGREEMENT made pursuant to G.S. 143-215.1 (dl) and entered into this 14'h day of
June 2018 , by and between the North Carolina Environmental Management
Commission, an agency of the State of North Carolina, hereinafter known as the COMMISSION; and
Coltrane Development 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 The Cottages at Sardis Lane (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 (Unit Owners' Association) (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 andlaw.
2. The DEVELOPER shall not transfer ownership and/or control of the Disposal System to the Association
until construction has been completed in accordance with the permit and approved plans, and the staff of
the Division of Water Resources has inspected and approved of the facilities. In order to change the name
of the permit holder, the DEVELOPER must request that the permit be reissued to the Association. The
request must include a copy of the Association Bylaws andDeclaration.
3. The DEVELOPER shall not transfer, convey, assign or otherwise relinquish or release its responsibility for
the operation and maintenance of its Disposal System until a permit has been reissued to the DEVELOPER's
successor.

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 yearlybudget.
6. In the event the common expense allocation and separate fund are not adequate for the construction, repair,
and maintenance of the Disposal System, the Declaration and Association Bylaws shall provide for special
assessments to cover such necessary costs. There shall be no limit on the amount of such assessments, and
the Declaration and Bylaws shall provide that such special assessments can be made as necessary at any
time.
7. If a wastewater collection system and wastewater treatment and/or disposal facility provided by any city,
town, village, county, water and sewer authorities, or other unit of government shall hereinafter become
available to serve the Development, the DEVELOPER shall take such action as is necessary to cause the
existing and future wastewater of the Development to be accepted and discharged into said governmental
system, and shall convey or transfer as much of the Disposal System and such necessary easements as the
governmental unit mayrequire as condition of accepting the Development's wastewater.
8. Recognizing that it would be contrary to the public interest and to the public health, safety and welfare for
the Association to enter into voluntary dissolution without having made adequate provision for the continued
proper maintenance, repair and operation of its Disposal System, the DEVELOPER shall provide in the
Association Bylaws that the Association shall not enter into voluntary dissolution without first having
transferred its said system and facilities to some person, corporation or other entity acceptable to and
approved by the COMMISSION by the issuance of apermit.
9. The agreements set forth in numbered paragraphs 1, 2, 3, 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
MANAGEMENT COMMISSIO
Linda Culpepper
Interim Director, Division of Water Resources
(Date)
Coltrane Development LLC
Name of VELOPER
B:
(Signa e) 1n
PG it CI OL s a LU = ,on "r-
print Name and Title
64210 � g
(Date)