WQ0040168_Application_20180724

C
Civil - Geotechnical - Surveying
July 16, 2018
CEST
Fft10 9i194NCDMR1DWR
JUL 2 0 2018
WOROS
MOORESVILLE REGIONAL OFFICE
Attn: State of North Carolina Department of Environmental Quality
Division of Water Resources
610 E. Center Ave.
Mooresville, NC, 28115
Re: Dogwood 10815 John Price Warehouse
Fast -Track Sewer System Extension Application
Enclosed, please find the following items in support of our Fast Track Sewer System
Extension. this project Application for the above -referenced project.
1. One (1) original and one (1) copy of the application FTA 04-16
2. Application fee in the amount o $480, made out to NCDEQ
3. Two (2) copies of the North Carolina Secretary of State corporation
documentation.
4. Two (2) copies of the Flow Tracking/Acceptance Form FTSE 04-16.
5. Two (2) copies 8.5x11 color copy of a USGS Topographic Map
6. Two (2) copies of the street level map (aerial) of the general project area.
7. Two (2) copies of the Operational Agreement (Form HOA)
8. Two (2) copies of the Articles of Incorporation, Declarations, and By -Laws.
9. Two (2) sets of the plans @ 24" X 36" (signed and sealed)
10. Two (2) sets of the liftstation calculations (signed and sealed)
Please contact me if you have any questions or concerns.
Very Res tfully,
07/16/2018
Kate Underwood, PE
Vice President Civil Engineering
[phone] ext. 2007
[e-mail]

RECEIVEDINCDENRIDWR
CEoc 1"FE -
Civil - Geo[ech nic:rl - Survey i ng
July 19, 2018
JUL 2 0 2018
WGROS
MOORESVILLE REGIONAL OFFICE
Attn: Debbie Lockman
State of North Carolina Department of Environmental Quality
Division of Water Resources
610 E. Center Ave.
Mooresville, NC 28115
Re: Dogwood 10815 John Price Warehouse
Fast -Track Sewer System Extension Application
Enclosed, please find the check you asked for in the amount of $30.00. Please accept our
apologies.
Please contact me if you have any questions or concerns.
Very Respectfully,
Skarlet Piz, EI
Engineering Intern
[phone] ext. 1045
[e-mail]
C E S t$ —
Civi l - C rmce M& M - Sand i ng

DW R State of North Carolina
Department of Environmental Quality
Division of Water Resources
15A NCAC 02T .0300 — FAST TRACK SEWER SYSTEM EXTENSION APPLICATION
Division of Water Resources (c FTA 04-16 & SUPPORTING DOCUMENTATION
Application Number: 00 d (to be completed by DWR)
All items must be completed or the application will be returned
I. APPLICANT INFORMATION:
1. Applicant's name: DOGWOOD 10815 JOHN PRICE 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: Jack Spence r per 15A NCAC 02T .0106(b)
Title: Member
4. Applicant's mailing address: 2820 SELWYN AVENUE STE 832
City: CHARLOTTE
5. Applicant's contact information:
State: NC Zip: 28209-_
Phone number: [phone] Email Address: j.s ep ncerna dogwood-llc com
II. PROJECT INFORMATION:
RECEIVEDINCDENRIDWR
JUL 2 0 Z018
WOROS
MOORESVILLE REGIONAL OFFICE
1. Project name: Dogwood 10815 John Price Warehouse
2. Application/Project status: ® Proposed (New Permit) ❑ Existing Permit/Project
If a modification, provide the existing permit number: WQ00_ and issued date:
If new construction but part of a master plan, provide the existing permit number: WQ00_
3. County where project is located: Mecklenburg
4. Approximate Coordinates (Decimal Degrees): Latitude: 35.120712' Longitude:-80,957748'
5. Parcel ID (if applicable): 20118123
(or Parcel ID to closest downstream sewer)
III. CONSULTANT INFORMATION:
1. Professional Engineer: Catherine W. Underwood License Number: 033470
Firm: CESI
Mailing address: PO Box 268
City: Concord State: NC Zip: 28026-0268
Phone number: (Z) 786-5404 Email Address: kateunderwoodna cesic sg com
IV. WASTEWATER TREATMENT FACILITY (WWTF) INFORMATION:
1. Facility Name: McAlpine Creek, Irwin Creek, Sugar Creek
Owner Name: Charlotte WAter
Permit Number: NC0024970. NC0024945, NCO024937
V. RECEIVING DOWNSTREAM SEWER INFORMATION (if different than WWTF):
1. Permit Number(s): WQ_ Downstream (Receiving) Sewer Size: _ inch
System Wide Collection System Permit Number(s) (if applicable): WQCS_
Owner Name(s):
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• DEV) 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 Pool/Filter Backwash
® Businesses / offices / factories ❑ Nursing Home ❑ Other (Explain in Attachment)
5. Nature of wastewater: 00 % Domestic/Commercial 100 % Commercial
0 % Industrial (See 15A NCAC 02T .0103(20))
L----)-Is there a Pretreatment Program in effect? ❑ Yes ® No
6. Hasa flow reduction been approved under 15A NCAC 02T .0114(t]? ❑ Yes ® No
➢ If yes, provide a copy of flow reduction approval letter
7. Summarize wastewater generated by project:
Establishment Type (see 021.0114(fl)
Daily Design Flow °,b
No. of Units
Flow
General Business and Office Facilities
25 gal/employee/shift
10/5
1250 GPD
gal/
GPD
gal/
GPD
gal/
GPD
gal/
GPD
gal/
GPD
Total
1250 GPD
a See 15A NCAC 02T .0114(b),(d). (c)(1) and (e)(2) for caveats to wastewater design flow rates (i.e., minimum flow per
dwelling; proposed unknown non-residential development uses; public access facilities located near high public use areas;
and residential property located south or east of the Atlantic Intracoastal Waterway to be used as vacation rentals as defined
in G.S. 42A-4).
b Per 15A NCAC 02T .0114(c), design flow rates for establishments not identified [in table I SA NCAC 02T.0114] shall be
determined using available flow data, water using fixtures, occupancy or operation patterns, and other measured data.
8. Wastewater generated by project: 1250 GPD (per 15A NCAC 02T .0114)
➢ Do not include future flows or previously permitted allocations
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 Sewers):
1. Summarize gravity sewer to be permitted:
Size (inches) Length (feet) Material
6 30 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
VIII. PUMP STATION DESIGN CRITERIA (If Applicable) — 02T .0305 & MDC (Pump Stations/Force Mains):
COMPLETE FOR EACH PUMP STATION INCLUDED IN THIS PROJECT
1. Pump station number or name
2. Approximate Coordinates (Decimal Degrees): Latitude: 35.133960' Longitude:-80.597028'
3. Design flow of the pump station: 0.003125 millions gallons per day (firm capacity)
4. Operational point(s) of the pump(s): 50 gallons per minute at L4 feet total dynamic head (TDH)
5. Summarize the force main to be permitted (for this Pump Station):
Size (inches)
Length (feet)
Material
1.5
122
pvc
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)(B).*
➢ Required for all pump stations with an average daily flow greater than or equal to 15,000 gallons per day
➢ Must be permanent to facility
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)):
1. Does the project comply with all separations found in 15A NCAC 02T.0305(f) & (g) ® Yes ❑ No
➢ 15A NCAC 02T.0305(f) contains minimum separations that shall be Drovided for sewer systems:
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 swimming pools
10 feet
Final earth grade vertical
36 inches
➢ 15A NCAC 02T.0305(g,) contains alternatives where separations in 02T.0305(t) cannot be achieved.
➢ **Stream classifications can be identified using the Division's NC Surface Water Classifications webnaee
➢ If noncompliance with 02T.0305(f) or (e). see Section X of this application
2. Does the project comply with separation requirements for wetlands? (50 feet of separation) ❑ Yes [-]No ®N/A
➢ Seethe 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 construction
➢ 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 Permittin Branch
ranch
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 0210402, "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. CERTIFICATIONS:
1. Does the submitted system comply with 15A NCAC 02T, the Minimum Design Criteria for the Permitting of Pump Stations
and Force Mains (latest version), and the Gravity Sewer Minimum Design Criteria (latest version) as applicable?
® Yes ❑ No
If No, 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 supoortin¢ documents.
2. Professional Engineer's Certification:
I Catherine Wolf Underwood attest that this application for
(Professional Engineer's name from Application Item III.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 143-215.6B, any person who kno gly makes any false
statement, representation, or certification in any application package shall be guilty of a ss 2 meanor, which ma
include a fine not to exceed $10,000, as well as civil penalties up to $25,000 per violation] �s ey
North Carolina Professional Engineer's seal, signature, and date:
3. Applicant's Certification per 15A NCAC 02T .0106(b):
SEAL =
n = 033470 : pp0
/16/2018
I Jack Spencer, Member attest that this application for
(Signature Authority's name & title from Application Item I.3.)
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: J
Date: 07/16/2018
FORM: FTA 04-16 Page 5 of 5

STATE OF NORTH CAROLINA COUNTY OF _ MakleA6 ttira Permit No. b&Db`t-v'//\
ILO
HOME/PROPERTY OWNERS' OPERATIONAL AGREEMENT
This AGREEMENT made pursuant to G.S. 143-215.1 (dl) and entered into this o2 "A day of
Tin y by and between the North Carolina Environmental Management
Commission, an agency of the State of North Carolina, hereinafter known as the COMMISSION; and
Awook Sey-+k -rJ smal ter% 6ONImfki n A. Very AjaR, ,x4v a non-profit corporation organized
and existing under and by virtue of the laws of the State of North Carolina, hereinafter known as the
ASSOCIATION.
WITNESSETH:
I. The ASSOCIATION was formed for the purpose, among others, of handling the property, affairs and
business of the development known as_C).Jwoo.l .500-A -T4106 i-1 C04rr
(hereinafter the Development); of operaffng, maintaining, re -constructing and repairing the common
elements of the lands and improvements subject to unit ownership, including the wastewater collection
system with pumps, wastewater treatment works, and/or disposal facilities (hereinafter Disposal System);
and of collecting dues and assessment to provide funds for such operation, maintenance, re -construction and
repair.
2 The ASSOCIATION desires, to construct and/or operate a Disposal System to provide sanitary sewage
disposal to serve the Development on said lands.
3. The ASSOCIATION has applied to the COMMISSION for the issuance of a permit pursuant to G.S. 143-
215.1 to construct, maintain, and/or operate the Disposal System.
4. The Development was created subject to unit ownership in the dwellings units, other improvements and
lands through filing of a Declaration of Unit Ownership (hereinafter Declaration), pursuant to Chapter47C
or 47F of the North Carolina General Statutes.
5. 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 ASSOCIATION do hereby mutually agree as follows:
1. The ASSOCIATION shall construct the Disposal System and/or make any additions or modifications to 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 ASSOCIATION 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 bythe Association except for Federal, State, and local taxes and insurance.
FORM: HOA 11-17 Page 1 of 2

3. The ASSOCIATION 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 fund allocated for the facility and shall be part of
the yearlybudget.
4. In the event the common expenseallocation and separate fund(s) 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 be provided such that special assessments can be made
as necessary at anytime.
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 ASSOCIATION 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.
6. 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 ASSOCIATION 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 bythe issuance of a permit.
7 The ASSOCIATION 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
ASSOCIATION'S successor.
8. The agreements set forth in numbered paragraphs 1, 2, 3, 4, 5, 6, and 7 above shall be conditions of any
permit issued by the COMMISSION to the ASSOCIATION for the construction, maintenance, repair and
operation of the Disposal System.
9. 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 writtep as inlicated by eac of t4 parrtlenamed below:
FOR THE ENVIRONMENTAL Condor WWX 0"6 6 A"oCi`,Z Dn I T.
MANAGEMENT COMMISSION Name ofASSOCIATION
B
Linda Culpepper (Signature)
Interim Director, Division of Water Resources
(Date)
FORM: HOA II-17
Print Name and Title
/a b6w
(Date)
Page 2 of 2

SOSID:1613456
Date Filed: 7/28/2017 8:58:00 AM
Elaine F. Marshall
North Carolina Secretary of State
STATE of NORTH CAROLINA C2017 208 00522
DEPARTMENT of the SECRETARY of S
ARTICLES of ORGANIZATION
LIMITED LIABILITY COMPANY
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.
ARTICLE I.
The name of this limited liability company is DOGWOOD 10815 JOHN PRICE LLC.
ARTICLE It.
The name, title, and address of the person executing these articles is Marsha Siha, Organizer, at 17350 STATE
HWY 249 #220, HOUSTON TX 77064.
ARTICLE III.
The name of the initial registered agent is DOGWOOD HOLDINGS LLC. The street address and county of the initial
registered office of the limited liability company is 2820 SELWYN AVENUE, CHARLOTTE NC 28209, in the County
of MECKLENBURG.
ARTICLE IV.
The street address and county of the principal office of the limited liability company is 2820 SELWYN AVENUE,
STE 832, CHARLOTTE NORTH CAROLINA 28209, in the County of MECKLENBURG.
ARTICLE V.
The limited liability company is to be member -managed. All members by virtue of their status as members shall be
managers of this limited liability company.
ARTICLE VI.
The limited liability company shall indemnify its directors, members, managers, officers, employees, and agents to
the fullest extent provided by the laws of the State of North Carolina now or hereafter in force, including the advance
of expenses under the procedures provided by such laws.
ARTICLE VII.
These articles will be effective upon filing.
ARTICLE Vill.
The names and addresses of the initial members of the limited liability company are:
DOGWOOD HOLDINGS LLC - 2820 SELWYN AVENUE STE 832, CHARLOTTE, NORTH CAROLINA 28209
SNH INVESTORS LLC - PO BOX 470487, CHARLOTTE, NORTH CAROLINA 28247
Dated: July 27th, 2017
Marsha Siha, Organizer

State of North Carolina
Department of Environmental Quality
IDWIIR Division of Water Resources
--Division of Water Resources Flow Tracking/Acceptance for Sewer Extension Applications
(FTSE 04-16)
Entity Requesting Allocation: Dogwood 10815 ,John Price LLC
Project Name for which flow is being requested: Dogwood 10815 John Price Warehouse
More than one FTSE maybe required for a single project if the owner of the WWTP is not responsible for all pump
stations along the route of the proposed wastewater flow.
I. Complete this section only if you are the owner of the wastewater treatment plant.
a. WWTP Facility Name: McAlpine Creek, Irwin Creek, Sugar Creek
b. WWTP Facility Permit #: NC0024970, NC0024945, N00024937
c. WWTP facility's permitted flow
d. Estimated obligated flow not yet tributary to the WWTP
c. 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
99.00
11.48
65.008
0.002
76.490
77.3%
II. Complete this section for each pump station you are responsible for along the route of this
proposed wastewater flow.
List pump stations located between the project connection point and the WWTP:
(A)
(B) (C) (D)=(B+C) (E)=(A-D)
Design
Obligated,
Pump Average Daily
Approx. Not Yet Total Current
Station Firm Flow**
Current Avg. Tributary Flow Plus
(Name or Capacity, * (Finn / pf),
Daily Flow, Daily Flow, Obligated Available
Number) MGD MGD
MGD MGD Flow Capacity***
Steele Creek 7.900 3.16 4.135 0.812 4.947 -1.787
* 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 pealing
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): Office Park Drive
Downstream Permit Number: WQ0005411
Page 1 of 6
FTSE 04-16

III. Certification Statement:
I 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 I and II
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., 5/24/2018
Date
Page 2 of 6
FTSE 04-16

PLANNING ASSESSMENT ADDENDUM (PAA)
Submit a planning assessment addendum for each pump station listed in Section II where Available
Capacity is < 0.
Pump Station (Name or Number):
Given that:
a. The proportion and amount of Obligated, Not Yet Tributary Daily Flow (C) accounts for
16.4 % and 0.812 MGD of the Available Capacity (E) in Pump Station
Steele Creek ; and that
b. The rate of activation of this obligated, not yet tributary capacity is currently approximately
0.812 MGD per year; and that
c. A funded Capital Project that will provide the required planned capacity, namely
Steele Creek LS Replacement and FM Relocation is in design or under construction with
planned completion in October 2018 ; and/or
d. The following applies:
The Steele Creek Pump Station Replacement Project will provide a new regional facility capable of handling
build -out flows for tributary basins and includes a new 30-MGD pumping station, approximately 35,000 LF
of 36-inch diameter force main, demolition of the existing pump station, and other additional work. The
Steele Creek Pump Station Replacement Project is approximately 60 % complete, with substantial completion
expected by October 1, 2018.
Therefore:
Given reasonably expected conditions and planning information, there is sufficient justification
to allow this flow to be permitted, without a significant likelihood of over -allocating capacity in
the system infrastructure.
I understand that this does not relieve the collection system owner from complying with G.S.
143-215.67(a) which prohibits the introduction of any waste in excess of the capacity of the
waste disposal system.
Signing Official Signature
�
5/24/2018
Date
Page 3 of 6
FTSE 04-16

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sewer is public gravity sewer on
John Price Road in front of protect -
site, permit number WO000541,
+t i
Office Park Drive
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NORTH CAROLINA
Department of the Secretary of State
r4€cEtvffvmlcarr4r:ro M
Jul z 0 2018
To all whom these presents shall come, Greeting%oosEsv,LtE aEctontal OFFICE
I, Elaine F. 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 INCORPORATION
.Me
DOGWOOD SOUTH INDUSTRIAL CENTER CONDOMINIUM OWNERS
ASSOCIATION, INC.
the original of which was filed in this office on the 12th day of June, 2018.
IN WITNESS WHEREOF, I have hereunto set my
hand and affixed my official seal at the City of
Raleigh, this 12th day of June, 2018.
Scan to verify online.
Certification# C201815900355-1 Reference# C201815900355-1 Page: 1 of 7 Secretary of State
Verify this certificate online at littp://www.sosnc.gov/verification

SOSID: 1714645
Date Filed: 6/12/2018 1:15:00 PM
Elaine F. Marshall
North Carolina Secretary of State
ARTICLES OF INCORPORATION C2018 159 00355
OF
DOGWOOD SOUTH INDUSTRIAL CENTER
CONDOMINIUM OWNERS ASSOCIATION, INC.
A NON-PROFIT CORPORATION
The undersigned, being of the age of eighteen years or more, does hereby make and
acknowledge these Articles of Incorporation for the purpose of forming a non-profit corporation
under and by virtue of Chapter 55A of the General Statutes of North Carolina and the laws of the
State of North Carolina.
ARTICLE I
NAME
The name of the corporation is DOGWOOD SOUTH INDUSTRIAL CENTER
CONDOMINIUM OWNERS ASSOCIATION, INC. (hereafter referred to as the
"Association").
ARTICLE H
DURATION
The period of duration of the corporation is perpetual.
ARTICLE III
PURPOSES AND POWERS
The purposes and powers for which the Association is organized are as follows:
1. To operate and manage a condominium known as Dogwood South Industrial
Center Condominium organized pursuant to Chapter 47C of the North Carolina General Statutes
and located in Mecklenburg County, North Carolina (hereinafter referred to as the
"Condominium").
2. To undertake the performance of, and carry out the acts and duties incident to the
administration of the operation and management of the Association in accordance with the terms,
provisions, conditions and authorizations contained in both these Articles and in the Declaration
of Condominium for Dogwood South Industrial Center Condominium (the "Declaration")
which has been or will be recorded in the Mecklenburg County Public Registry, North Carolina,
at such time as the real property and the improvements thereon are submitted to the Declaration.
3. To make, establish and enforce reasonable rules and regulations governing the use
of the condominium development common elements, land, and other real and personal property
which may be owned by the Association itself.
00143750.1

4. To make, levy and collect assessments against Condominium unit owners; to
provide the funds to pay for common expenses of the Association as provided in the Declaration
and to use and expend the proceeds of assessments in the exercise of the powers and duties of the
Association; to use said assessments to promote the acquisition, improvement and maintenance
of common elements, services and facilities devoted to this purpose and related to the use and
enjoyment of the common areas and facilities thereon, including, but not limited to, the cost of
repair, replacement and additions thereto, the cost of labor, equipment, materials, management,
supervision thereof, the maintenance of insurance in accordance with the Bylaws of the
Association (the `Bylaws"), including the employment of accountants, attorneys and other
professional service providers to represent the Association when necessary for such other needs
as may arise.
5. To maintain, repair, replace and operate the properties for which the Association
is responsible.
6. To enforce by any legal means, the provisions of the Declaration, the Bylaws and
the rules and regulations for the use of the Association property.
7. If deemed in the best interest of the Association by the Executive Board, to
delegate to such manager or managers all powers and duties of the Association except those
powers and duties which are specifically required to have approval of the Executive Board or the
membership of the Association.
8. To have all of the common law and statutory powers of a non-profit corporation
and also those powers as set out in the Declaration and those powers provided in NCGS §47C-3-
102 and all powers reasonably necessary to implement the purposes of the Association.
ARTICLE IV
1. The Association shall have members and the membership of the Association shall
consist solely of the owners of units in the Condominium. Membership shall be automatically
established by acquisition of fee title to a unit in the Condominium whether by conveyance,
devise, descent, or judicial decree. A new owner designated in such deed or other instrument
shall thereupon become a member of the Association, and the membership of the prior owner as
to a designated Condominium unit shall be terminated. Membership shall be appurtenant to, and
inseparable from, ownership of a unit. Each new owner shall deliver to the Association a true
copy of such deed or instrument of acquisition of title.
2. Neither one's membership in the Association nor a member's share in the funds
and assets of the Association may be assigned, hypothecated or transferred in any manner except
as an appurtenance to the applicable Condominium unit owned by a member in the Association.
3. The members of the Association shall have the right to vote for the election and
removal of the Executive Board and upon such other matters with respect to which the right to
vote is given to members under the Declaration or under the provisions of Chapter 55A of the
00143750.1 Page 2

General Statutes of North Carolina, the voting rights of the members being more particularly
described in the Declaration and in the Bylaws of the Association.
ARTICLE V
EXECUTIVE BOARD
1. The number of members of the Executive Board and the method of election of the
Executive Board shall be fixed by the Bylaws; however, the number of members of the
Executive Board shall not be less than three (3). The initial Executive Board shall be named by
the Incorporator.
2. The first election by the members of the Association for the Executive Board shall
not be held until after the Declarant (i.e., Dogwood 10815 John Price Road, LLC, its successors
and assigns) has relinquished control of the Association as set out in the Declaration. Thereafter,
the election of members of the Executive Board shall take place at the annual meeting of the
membership as provided in the Bylaws. After the Declarant has relinquished control, there shall
be a special meeting of the membership for the purpose of electing a new Executive Board to
serve until the next annual meeting and until the new members of the Executive Board are
elected and qualified.
ARTICLE VI
LIMITATION OF DIRECTOR LIABILITY
To the fullest extent permitted by applicable law, as it exists or may hereafter be
amended, no person who is serving or who has served as a member of the Executive Board shall
have any personal liability arising out of any action whether by or in the right of the Association
or otherwise for monetary damages for breach of any duty as a director. This Article shall not
impair any right to indemnity from the Association that any Director may now or hereafter have.
Any repeal or modification of this Article or the adoption of any other amendment to these
Articles of Incorporation which is inconsistent with this Article shall be prospective only and
shall not adversely affect any limitation hereunder on the personal liability of a director with
respect to acts or omissions occurring prior to such amendment, adoption, repeal or modification.
ARTICLE VII
INDEMNIFICATION
To the fullest extent permitted by the North Carolina Nonprofit Corporation Act as it
exists or may hereafter be amended, the Association shall indemnify the members of the
Executive Board for such expenses and liabilities incurred in a proceeding against such person
because such person is or was a director.
ARTICLE VIII
TAX STATUS
The Association shall have all the powers granted non-profit corporations under the laws
of the State of North Carolina. Notwithstanding any other provision of these Articles, the
00143750.1 Page 3

Association hereby elects tax-exempt status under Section 528 of the Internal Revenue Code of
1986. The Association shall not carry on any activities prohibited by a corporation electing
tax-exempt status under Section 528, or any corresponding sections or provisions of any future
United States Internal Revenue law. It is further provided that no distributions of income of the
Association are to be made to members, directors or officers of the Association; provided,
however, that members of the Association may receive a rebate of any excess dues and
assessments previously paid.
ARTICLE IX
DISSOLUTION
The Association may be dissolved with the assent given in writing and signed by not less
than seventy-five percent (75%) of the members. Upon dissolution of the Association, other than
incident to a merger or consolidation, and after all liabilities and obligations of the Association
have been paid, or adequate provision made therefor, the assets of the Association shall be
dedicated to an appropriate public agency to be used for purposes similar to those for which this
Association was created. In the event that such dedication is refused acceptance, such assets shall
be granted, conveyed and assigned to any non-profit corporation, association, trust or other
organization to be devoted to such similar purposes as the Association, all in accordance with
any further provisions of the Bylaws.
ARTICLE X
OFFICE AND REGISTERED AGENT
The street and mailing address of the initial registered office of the Association in the
State of North Carolina is 3030 Latrobe Drive, Charlotte, Mecklenburg County, North Carolina
28211 and the name of its initial registered agent at such address is Henderson Properties, Inc.
ARTICLE XI
PRINCIPAL OFFICE
The street and mailing address of the principal office of the Association is 3030 Latrobe
Drive, Charlotte, Mecklenburg County, North Carolina 28211.
ARTICLE XII
INCORPORATOR
The name and address of the incorporator is Melanie J. Wright, Kirk Palmer & Thigpen,
P.A., 1300 Baxter Street, Suite 300, Charlotte, Mecklenburg County, North Carolina 28204.
ARTICLE XHI
AMENDMENTS
Any amendment to these Articles shall require the assent of seventy-five percent (75%)
of the members.
00143750.1 Page 4

ARTICLE XIV
CONDOMINIUM ACT
Except as otherwise provided herein, all applicable required terms of the North Carolina
Condominium Act (the "Act') set forth in NCGS Chapter 47C are incorporated herein by
reference. To the extent any conflict exists between the terms hereof and a required provision of
the Act, the required provisions of the Act shall govern and control such conflict.
[SIGNATURE PAGE FOLLOWS]
00143750.1 Page 5

IN WITNESS WHEREOF, the incorporator has hereunto set her hand and seal this 6`'
day of June, 2018.
(SEAL)
Melanie J. Wrif .. naotporador
00143750.1

RECENED/NCDENR/DWR
JUI 2 0 2018
ft10URESV/LlE REGIONAL OFFICE
STATE OF NORTH CAROLINA DECLARATION OF CONDOMINIUM FOR
COUNTY OF MECKLENBURG DOGWOOD SOUTH INDUSTRIAL
CENTER CONDOMINIUM
THIS DECLARATION OF CONDOMINIUM is made on the date hereinafter set forth by
DOGWOOD 10815 JOHN PRICE ROAD, LLC, a North Carolina limited liability company
("Declarant").
WITNESSETH:
WHEREAS, Declarant is the owner of certain real property located on John Price Road in
Charlotte, Mecklenburg County, North Carolina, more particularly described on Exhibit A attached
hereto (the "Land") upon which is situated one (1) building located on the Land containing five (5)
condominium units and certain other improvements; and
WHEREAS, Declarant desires to submit the Land and the improvements located thereon
(collectively, the "Property") to the terms and provisions of the North Carolina Condominium Act
and by so doing intends to protect the value and the desirability of the Property, further a plan for the
condominium ownership of the Property, create a harmonious and attractive development, and
promote a mutually beneficial development and operation of condominium units on the Property.
NOW, THEREFORE, Declarant hereby declares that all of the Property shall be held, sold
and conveyed subject to the following easements, restrictions, covenants, and conditions, which shall
run with the real property and be binding on all parties having any right, title or interest in the
described properties or any part thereof, their heirs, successors and assigns, and shall inure to the
benefit of each Owner thereof.
ARTICLE I
DEFINITIONS
Section 1.1: "Association" means Dogwood South Industrial Center Condominium
Owners Association, Inc., a North Carolina non-profit corporation, its successors and assigns.
ov119RIM119i

Section 1.2: "Building" or "Buildings" means and refers to the one building located upon
the Land which contains the five (5) Units (but which may be increased to a maximum of ten (10)
Units by the subdivision of one of the original Units) and the Common Elements and by the creation
of additional Units after construction of additional Building(s) pursuant to the exercise of Declarant's
Special Declarant Rights set forth in Section 2.8. The first constructed Building is a one-story
building with metal, brick, EFIS (sp), and fiber cement exterior walls and a rubber membrane roof
[CONFIRMROOF]. The Buildings are more particularly described and shown on the Plat which
shows all particulars of the Buildings. The Plat contains a certification by ,
a North Carolina Registered Land Surveyor, and , a North Carolina
Licensed Architect, that the Plat contains all the information required by N.C.G.S. Section 47C-2-
109, and the Plat has been filed under the name of the Condominium in the Unit Ownership File in
the Mecklenburg County Public Registry.
Section 1.3: "Bylaws" means the bylaws of the Association, a copy of which are attached
hereto as Exhibit C.
Section 1.4: "Common Elements" means all portions of the Condominium (including the
Limited Common Elements) other than the Units, including, without limitation, (i) the Land, (ii) all
improvements located upon the Land outside of the Buildings, including entrance features,
landscaped areas, outdoor lighting, underground utility lines, walkways, parking areas, storm water
systems, sewer pump or lift station(s), garbage enclosures, bike parking, a mailbox kiosk and
driveways, (iii) all portions of the Buildings located outside of the Units, including, without
limitation, metal studs creating the boundaries of each Unit, the windows and entrance doors to each
Unit, and (iv) the foundation, roof and structural elements of the Buildings.
Section 1.5: "Common Expenses" means and refers to any and all expenditures made by or
financial liabilities of the Association, together with any allocations to reserves, pursuant to and in
accordance with this Declaration, the Bylaws and the Condominium Act.
Section 1.6: "Condominium" means the real estate described on Exhibit A attached hereto
and the Building and other improvements located thereon, portions of which are designated for
separate ownership and the remainder of which are designated for common ownership solely by the
Owners of those portions.
Section 1.7: "Condominium Documents" means this Declaration, the Articles of
Incorporation and Bylaws of the Association, any rules and regulations governing the use of the
Property and all attachments and exhibits thereto, respectively.
Section 1.8: "Declarant" means Dogwood 10815 John Price Road, LLC, a North Carolina
limited liability company, its successors and assigns.
Section 1.9: "Declaration" means this Declaration of Condominium as it maybe amended
from time to time in the future.
00139630.3

Section 1.10: "Executive Board" means the body designated in this Declaration to act on
behalf of the Association.
Section 1.11: "Existing Building" means the 10815 John Price Road Building which has
been completed and shown on the Condominium Plat.
Section 1.12: "Land" means and refers to that certain real property more particularly
described on Exhibit A attached hereto and incorporated herein by reference.
Section 1.13: "Limited Common Elements" means a portion of the Common Elements
allocated by the Declarant for the exclusive use of one or more but fewer than all of the Units.
Section 1.14: "Member" means every person or entity who holds membership in the
Association.
Section 1.15: "Mortgage" means and refers to a mortgage or deed of trust constituting a lien
on a Unit.
Section 1.16: "Mortgagee" means and refers to the owner and holder of a Mortgage.
Section 1.17: "Owner" means the record Owner, whether one or more persons or entities, of
a fee simple title to any Unit which is a part of the Property, together with an undivided interest in
the Common Elements as hereinafter set forth, including contract sellers, but excluding those having
such interest merely as security for the performance of an obligation.
Section 1.18: "Period of Declarant Control' means the period commencing on the date
hereof and continuing until the earlier of (i) the date Declarant has sold all of the Units to unaffiliated
third -party purchasers; or (ii) the date upon which Declarant voluntarily surrenders control of the
Condominium to the Association.
Section 1.19: • "Plat' means the plat and plans for the Condominium recorded in Unit
Ownership File No. in the Mecklenburg County Register of Deeds. The Plat is hereby
incorporated herein by reference as if the same were attached hereto.
Section 1.20: "Property" shall mean and refer to the Land, the Buildings and all other
improvements and structures located on the Land, all easements, rights and appurtenances belonging
or appertaining to the Land, and all articles of personal property intended for common use in
connection therewith.
Section 1.21: "Unit' means a physical portion of the Condominium designated for separate
ownership or occupancy. The location and dimensions of the Building and of each Unit within the
Building are shown on the Plat. The horizontal boundaries of each Unit shall consist of the face of
the unfinished metal studs around the perimeter of each Unit to which sheetrock will be attached.
The lower boundary of each Unit shall be the horizontal plane of the top surface of the finished
00139630.3
-3-

concrete flooring of such Unit and the upper boundary shall be the bottom exposed surface of the
roof deck system which has a slope but is on average 20'-7" feet above the top surface of the finished
concrete flooring of each Unit. The boundaries of each Unit are more particularly shown or
described on the Plat. All lath, furring, wallboard, plasterboard, plaster, paneling, tiles, wallpaper,
paint, finished flooring and any other materials constituting any part of the finished flooring, and any
other materials constituting any part of the perimeter metal studs, floors or ceilings of each Unit,
thereon shall constitute a part of each Unit. Furthermore, all interior walls, partitions, ceiling panels,
fixtures, appliances, cabinets and other facilities or improvements lying completely within the
boundaries of a Unit shall be a part of such Unit.
There are a total of five (5) Units in the Existing Building. Pursuant to Section 2.8 of this
Declaration, Declarant reserves a Special Declarant Right to create up to an additional five (5) Units
and associated Limited Common Elements on the Property so that the maximum number of Units
which Declarant may create thereon, including the existing Units shall be ten (10). Any new Units
created by Declarant's exercise of its Special Declarant Rights shall be identified on the revised Plat
recorded simultaneously with the recordation of a Supplemental Declaration.
Notwithstanding the foregoing definitions, all definitions set forth in N.C.G.S. Section 47C-
1-103 are hereby incorporated by reference and the terms defined therein shall have the meanings set
forth therein when used in this Declaration or in other Condominium Documents, unless the
applicable terms are expressly defined otherwise in this Declaration or such other Condominium
Documents or unless the context otherwise plainly requires a different meaning.
ARTICLE II - SUBMISSION OF PROPERTY TO CONDOMINIUM ACT
AND DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS
Section 2.1: Declarant hereby submits the Property to the provisions of the North Carolina
Condominium Act contained in N.C.G.S. Section 47-C (the "Condominium Act"). The Property will
be administered in accordance with the provisions of the Condominium Act, the Declaration, the
Bylaws and the other Condominium Documents, as applicable.
Section 2.2: The name of the Condominium shall be "Dogwood South Industrial Center
Condominium."
Section 2.3: The Property is located in Mecklenburg County, North Carolina.
Section 2.4: Declarant reserves the right to create a maximum of ten (10) Units.
Section 2.5: Declarant hereby establishes within the Property the five (5) Units shown on
the Plat and does hereby designate all such Units for separate ownership. Reference is hereby made
to the Plat for a separate description of the boundaries of each Unit, identified by number as shown
thereon.
00139630.3
-4-

Section 2.6: Each Owner shall be a member of the Association. An Owner shall be entitled
to one (1) vote in the Association for each Unit owned with such further condition to said voting
rights as set forth in Section 1.7 of the Bylaws.
Section 2.7: There are no Limited Common Elements with the exception of the Limited
Common Elements created under Article V herein or as may be shown on any amended Plat and
referenced in any Supplemental Declaration recorded in connection with the Declarant's exercise of
its Special Declarant Rights to add additional Units and additional Limited Common Elements
pursuant to Section 2.8 below.
Section 2.8: Declarant reserves the following Special Declarant Rights for the entire
Property, which shall be exercisable during the Period of Declarant Control:
(a) To complete any and all improvements indicated on the Plat;
(b) To construct and maintain any sales office, management office or model in any of the
Units or on any of the Common Elements shown on the Plat;
(c) To alter the size of any Unit, combine or merge two or more Units, and subdivide any
Unit into two or more Units (provided that the total number of Units shall not exceed
ten (10) Units);
(d) To appoint and remove any Executive Board Members;
(e) To grant easements over, along and through the Common Elements to third parties
for utility purposes;
(f) To reserve easements through the Common Elements for the purpose of completing
construction or exercising Special Declarant Rights;
(g) To exercise any Special Declarant Rights;
(h) To create up to a maximum of ten (10) Units, including the existing Units, and to
create additional Limited Common Elements allocated to such newly created Units,
within the locations identified as "Common Elements Subject to Special Declarant
Rights to Add Units or to Remove From Condominium Regime" on the Plat, without
the consent or approval of the Association or any other Owner or Mortgagee, by
executing and recording a Supplemental Declaration in the manner set forth below.
Any new Buildings, and Units within such Buildings, constructed by Declarant
within the areas identified on the Plat as "Common Elements Subject to Special
Declarant Rights to Add Units or to Remove From Condominium Regime" shall be
substantially similar in terms of architectural appearance and quality of construction
to one or more of the existing Buildings. Declarant reserves the right to substitute
materials of similar durability, quality and strength, so long as the foregoing standard
00139630.3
-5-

is complied with. Any newly created Units within newly constructed Buildings need
not be of the same type and design of the existing Units so long as the construction
and appearance of each Building satisfies the requirement set forth above. Declarant
shall have the right to allocate Limited Common Elements to the newly created Units
in the manner similar to the allocation of Limited Common Elements to the existing
Units under Article V of this Declaration. Any other Common Elements constructed
by Declarant within the areas identified on the Plat as "Common Elements Subject to
Special Declarant Rights to Add Units or to Remove From Condominium Regime"
such as landscaped areas, shall be consistent with the Common Elements in the initial
phase of the Condominium.
In order to exercise any Special Declarant Right on the Property to add additional
Units and additional Common Elements as reserved by Declarant hereunder,
Declarant shall execute and record an amendment to this Declaration in accordance
with N.C.G.S. Section 47C-2-110 (a "Supplemental Declaration"). Any
Supplemental Declaration executed and recorded by Declarant to exercise the Special
Declarant Right of creating additional Units and additional Limited Common
Elements shall contain an amendment or supplement to the Plat identifying the new
Units and new Limited Common Elements so created, as well as an amendment to
Exhibit B attached to this Declaration, assigning an identifying number to each Unit
and re -allocating the Table of Undivided Interest in Common Elements among all
Units in accordance with the formula set forth in Section 3.2 of this Declaration.
(i) To remove from the condominium regime that portion of the Property identified as
"Common Elements Subject to Special Declarant Rights to Add Units or to Remove
From Condominium Regime" on the Plat.
(j) To exercise any other rights granted to or reserved by the Declarant in this
Declaration or in the Condominium Documents or otherwise provided by law.
If the Declarant exercises the right to subdivide any Unit, then Declarant shall prepare, execute and
record an amendment to this Declaration and to the Plat which shall assign an identifying number to
each new Unit created and reallocate the percentage undivided interest in the Common Elements
previously allocated to the subdivided Unit among the newly created Units in a reasonable manner
prescribed by the Declarant. Such amendments shall be effective upon filing in the Mecklenburg
County Public Registry and shall not require the consent or approval of any Owners other than the
Declarant.
ARTICLE III
PROPERTY RIGHTS
Section 3.1: Ownership of a Unit shall vest fee simple title to such Unit in the Owner.
00139630.3
-6-

Section 3.2: Every Owner shall own an undivided interest in the Common Elements and,
except to the extent that use of the Limited Common Elements has been allocated exclusively to
certain Unit(s), shall have a right and casement of enjoyment in the Common Elements and an
unrestricted right of ingress and egress across the Common Elements to such Owner's Unit, which
shall be appurtenant to and shall pass with the title to every Unit. If Declarant exercises its Special
Declarant Right to create additional Units and additional Limited Common Elements as provided
herein, then a Supplemental Declaration shall be executed and recorded containing a new allocation
of undivided interest of each Unit Owner in the Common Elements which shall be substituted for
Exhibit B attached hereto. The undivided interest of every Unit Owner in the Common Elements
shall be in the percentage set forth in Exhibit B attached hereto as may be hereafter amended. The
undivided interest in the Common Elements allocated to each Unit shall be calculated by dividing the
square footage of a Unit by the total square footage of all Units and by multiplying the quotient
thereof by 100. If Declarant exercises its Special Declarant Right to create additional Units and
Limited Common Elements, Declarant shall have the right to adjust the undivided interest in the
Common Elements of each Owner in accordance with foregoing formula. The undivided interest in
the Common Elements and the right and easement of enjoyment in such Common Elements are
subject to the following:
(a) The Association shall have the right to adopt such rules and regulations as may be
needed to regulate the use and enjoyment of the Common Elements;
(b) The Special Declarant Rights as set forth in Section 2.8 herein;
(c) The Association shall have the right to dedicate or transfer, or encumber all or any
part of the Common Elements subject to approval by the Owners as provided in the
Condominium Act; and
(d) Certain provisions of this Declaration may further restrict the rights to use Common
Elements as provided herein.
Section 3.3: Any Owner may delegate his right of enjoyment to the Common Elements to
permitted tenants, employees, licensees and customers of an Owner or tenant in possession of a Unit.
ARTICLE IV
COVENANT FOR MAINTENANCE ASSESSMENTS
Section 4.1: The Declarant, for each Unit owned within the Property, and each Owner by
acceptance of a deed therefor, whether or not it shall be so expressed in such deed, hereby covenants
and agrees to pay the Association: (1) annual assessments or charges, and (2) special assessments for
capital improvements, such assessments to be established and collected as hereinafter provided.
Except as otherwise set forth herein, the liability of each Owner for the common expenses of the
Association shall be in accordance with the respective percentages of ownership interests in the
Common Elements owned by the respective Owners as provided in Exhibit B attached hereto. Any
assessment levied against a Unit remaining unpaid for a period of thirty (30) days or longer shall
00139630.3
-7-

constitute a lien on that Unit when filed of record in the office of the Clerk of Superior Court of
Mecklenburg County and shall accrue interest at a rate set by the Association not to exceed 18% per
annum. The Association may bring an action at law against the Owner, or foreclose the lien against
the applicable Unit or suspend rights, privileges or services provided to the applicable Unit,
including, but not limited to, shutting off utilities services to the applicable Unit. To the extent
permitted by law, fees (including attorneys' fees), charges, late charges, fines, and interest are also
enforceable as assessments.
Each such assessment, together with interest, costs, and reasonable attorneys' fees, shall also
be the personal obligation of the Owner of the applicable Unit at the time when the assessment fell
due. The personal obligation for delinquent assessments shall not pass to his successors in title unless
expressly assumed by them.
Section 4.2: The lien of the assessments provided for herein shall be subordinate to the lien
of any first mortgage and ad valorem taxes. Sale or transfer of any Unit shall not affect the
assessment lien. The sale or transfer of any Unit pursuant to a mortgage or tax foreclosure or any
proceeding in lieu thereof, however, shall extinguish the lien of such assessments as to payments
which became due prior to such sale or transfer. No sale or transfer shall relieve such Unit from
liability for any assessments thereafter becoming due or from the lien thereof.
Section 4.3: The annual assessments levied by the Association shall be used exclusively to
promote the health, safety and welfare of the Owners and Unit occupants and promote the beneficial
development and operation of the Units and in particular for the acquisition, improvement and
maintenance of the Condominium services and facilities devoted to this purpose, and for the use and
enjoyment of the Common Elements, however, the annual assessments shall not be used to maintain,
repair or replace any Limited Common Elements. The annual assessments shall be used to pay for
outside lighting of the Building and the Land, irrigation charges, snow and ice removal charges,
exterior cleaning and landscaping of the Land, pick-up and removal of trash from the dumpster
located on the Land, water and sewer services provided to the Units, insurance premiums for the
coverages set forth in Article X herein, reserves for the future repair, maintenance and replacement
of Common Elements, any common area maintenance charges affecting the Property under any
applicable Declarations of Easements, Covenants, Conditions and Restrictions or similar
instruments, including, but not limited to, stormwater detention maintenance charges, and such other
charges for services or amenities which provide benefit to the Property and for such other items and
services necessary to carry out the aforementioned purposes.
The Association may also levy a special assessment payable in a manner as specified by the
Association for the purpose of defraying, in whole or in part, the cost of any construction,
reconstruction, repair or replacement of a capital improvement upon the Common Elements,
including fixtures and personal property related thereto, provided that any such assessment shall have
the assent of the Owners of greater than fifty percent (50%) of the percentage interests in the
Common Elements.
00139630.3
_8_

There is a sewer lift station pump located on the Land to serve the Property solely, which is a
part of the Common Elements; provided, however, notwithstanding anything to the contrary set forth
herein, regardless of each Unit Owner's undivided interest set forth on Exhibit B attached hereto, all
Unit Owners shall share equally in all costs of such sewer lift station pump (including, without
limitation, all costs to maintain, use, repair and replace such sewer lift station pump). Furthermore,
the Association and each Unit Owner acknowledge and agree that no other party(ies) (except Unit
Owners) shall be permitted to utilize the sewer lift station pump.
Each Owner shall further be required to make a working capital contribution to the
Association upon the initial transfer of each Unit by the Declarant to each Owner in an amount equal
to two (2) months of such Unit's annual assessment (which shall be in addition to such Unit's annual
assessment obligation and not in lieu thereof).
Section 4.4: Until January 1 of the year immediately following the conveyance of the first
Unit to an Owner, the maximum annual assessment shall be $ per square foot for all of the
Units, prorated for the remainder of said year and adjusted according to the percentage interests in
the Common Elements allocated to the applicable Unit.
(a) From and after January 1 of the year immediately following the conveyance of the
first Unit to an Owner, the maximum annual assessment may be increased effective
January 1 of each year without a vote of the membership by up to ten percent (10%)
of the previous year's maximum annual assessment.
(b) From and after January 1 of the year immediately following the conveyance of the
first Unit to an Owner, the maximum annual assessment for succeeding years maybe
increased above the increase permitted in Section 4.4(a), provided that any such
assessment shall receive the affirmative vote of Owners owning greater than one-half
(1/2) of the total percentage interests in the Common Elements. Such votes maybe
cast in person or by proxy, at a meeting duly called for this purpose. Written notice
setting forth the purpose of such meeting shall be sent to all Owners not less than
thirty (30) days nor more than sixty (60) days in advance of the meeting. No quorum
shall be required.
(c) The Executive Board may fix the annual assessment at an amount not in excess of the
maximum.
(d) Notwithstanding the foregoing to the contrary, any special assessment and/or
assessments for capital repairs or replacements shall not be subject to the vote and
approval of the Owners so long as such capital repairs or replacements are performed
on existing Buildings or existing Common Elements.
Section 4.5: Both annual and special assessments must be assessed against all the Units in
accordance with the allocation of percentage interests in the Common Elements.
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Section 4.6: The annual assessments provided for herein shall commence at a date
established by the Association. Once such annual assessments are established, written notice of the
annual assessment shall be sent to every Owner subject thereto. The due dates shall be established by
the Executive Board.
ARTICLE V
COMMON ELEMENTS
Section 5.1:
(a) The Common Elements include all portions of the Condominium that are not part of
the Units, including, without limitation, the Land, all improvements located upon the
Land outside of the Building (including landscaped areas, underground utilities
serving the Building, surface parking areas and driveways, any shared external
loading docks, entrance features, lighting features, mail kiosks, bike parking areas,
storm water system, garbage enclosures and other development features), all portions
of the Building located outside of the Units and the foundation, roof and structural
elements of the Building.
(b) The Limited Common Elements shall include those portions of any pipe, chute, flue,
duct, wire, conduit, or any other fixtures lying partially within and partially outside
the designated boundaries of a Unit which serve only that Unit, and any portion
thereof serving more than one Unit or any portion of the Common Elements is a
portion of the Common Elements pursuant to N.C.G.S. Section 47C-2-102(2).
Furthermore, all exterior doors and windows and ramps (or bay doors) or other
fixtures designated to serve a single Unit but located outside the Unifs boundaries are
Limited Common Elements allocated exclusively to that Unit, pursuant to N.C.G.S.
Section 47C-2-102(4). Notwithstanding the foregoing or anything herein to the
contrary, all exterior signage attached to the Building and any portions of the heating,
ventilating and air-conditioning systems, including, fans, compressors, return air
grills and thermostats, any utility lines providing water, sewer, telephone, gas, cable
television or other services (other than the portions of any such utility trunk or main
lines located underground or within the Building and the central control box or panel
to which such service lines are connected) whether located inside or outside the
designated boundaries of a Unit (including within the metal studs and the plenum
area inside the Building), but which serve a single Unit, shall not be designated as
Common Elements or Limited Common Elements but shall instead be the personal
property of the Owner of the Unit or Units that they serve. Notwithstanding anything
to the contrary set forth in this Declaration, the maintenance, repair, and replacement
obligations for any Limited Common Element shall be the responsibility of the Unit
Owner attributed to such Limited Common Element at such Unit Owner's sole cost
and expense. [LET'SDISCUSSANYOTHER LIMITED COMMONELEMENTS]
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Section 5.2: The walls connecting adjacent Units are "party walls" and are situated on or
about the boundary line separating such Units and, to the extent not inconsistent with the provisions
of this Article, the general rules of law regarding party walls and liability for property damage due to
negligence or willful acts or omissions shall apply thereto. The cost of reasonable repair and
maintenance of a party wall shall be shared by the Owners who make use of the wall in proportion to
such use determined by the Executive Board. Notwithstanding any other provisions of this Article,
an Owner who by his negligent or willful act causes a party wall to be exposed to the elements shall
bear the whole cost of furnishing the necessary protection against such elements.
Section 5.3: The right of any Owner to contribution from any other Owner under this
Article shall be appurtenant to the land and shall pass to such Owner's successors in title.
Section 5.4: If any Owner desires to sell his Unit, such Owner may, in order to assure a
prospective purchaser that no adjoining Owner has a right of contribution as provided in this Article
V, request of the adjoining Owner a certification that no right of contribution exists, whereupon it
shall be the duty of the adjoining Owner to make such certification immediately upon request and
without charges; provided, however, that where the adjoining Owner claims a right of contribution,
the certification shall contain a recital of the amount claimed.
Section 5.5: In the event of any dispute arising concerning a party wall, or under the
provisions of this Article, such dispute shall be settled by binding arbitration in Mecklenuburg
County, North Carolina in accordance with the then applicable rules of the American Arbitration
Association.
ARTICLE VI
EXTERIOR MAINTENANCE
Section 6.1: The Association shall provide exterior maintenance of a general nature for the
Building and shall maintain the Common Elements, subject to assessment hereunder, including the
paint, repair, replacement and care, as needed of the following: roofs, exterior building surfaces,
trees, shrubs, walks, parking lot, lighting and other exterior improvements. To the extent such
exterior maintenance involves maintenance of Limited Common Elements (such as windows and
doors), the Owner of the Unit served by such Limited Common Elements shall be solely responsible
for such maintenance costs.
Section 6.2: In the event that the need for maintenance, repair, or replacement is caused
through the willfid or negligent act of an Owner, his tenants or their respective employees, customers
or agents, the cost of such maintenance, replacement, or repairs shall be added to and become a part
of the assessment to which such Unit is subject.
Section 6.3: The maintenance of all personal property fixtures and utility lines serving a Unit
but not included in the Common Elements or Limited Common Elements, including, but not limited
to, the HVAC systems and utility lines providing telephone, gas, cable television, water, sewer and
any other services to a Unit and any exterior signage attached to the Building shall be the sole
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responsibility of the Owner of such Unit served and such Owner shall maintain such personal
property at all times to prevent any damage or destruction to any other Units or to the Common
Elements and shall be responsible to cause the immediate repair of any such damage or destruction
arising from or caused by such personal property. All signage attached to a Building shall at all times
be kept in a neat and attractive appearance.
ARTICLE VII
ARCHITECTURAL CONTROL
No building, fence, wall or other structure or improvement shall be commenced, erected or
maintained upon the Condominium, nor shall any exterior addition or change therein be made until
the plans and specifications showing the nature, kind, shape, height, materials, and location of the
same shall have been submitted to and approved in writing by the Declarant during the Period of
Declarant Control and by the Executive Board thereafter. The foregoing restriction specifically
applies to any changes to the interior or exterior appearance of the windows and doors for each Unit,
any signs, lettering, advertising or other information permanently or temporarily posted on, attached
to or affixed to the exterior of a Unit or the exterior monument sign or upon any exterior wall of the
Building and any window treatments for each Unit.
The exterior color of a Unit and the window glass of a Unit cannot be changed unless the
color scheme of the entire Condominium is similarly changed. Any such change requires the
approval of the Owners owning at least sixty-six and two-thirds percent (66 2/3%) of the total
percentage interests in the Common Elements at a duly called meeting at which a quorum is present.
ARTICLE VIII
USE RESTRICTIONS
Section 8.1: No Unit may be used for residential purposes.
Section 8.2: The use of Units by Owners and their tenants or other occupants of a Unit
shall be limited to such uses permitted by the applicable zoning classification affecting a Unit. It is
intended for the Existing Building to be used for general warehousing and related office use. The use
of Units by Owners must further be in compliance with all applicable recorded restrictions affecting
the Property, if any.
Section 8.3: No noxious or offensive activity shall be conducted upon any Unit nor shall
anything be done thereon which may be or may become an annoyance or nuisance to any other Unit
Owner.
Section 8.4: No outside radio or television antennas, including satellite dishes or receivers,
shall be erected on any Unit without the consent and approval of the Executive Board.
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Section 8.5: No signs or other attachments to the exterior of a Unit, the exterior of the
Building or upon the Common Elements shall be permitted without the prior written approval of the
Declarant during the Period of Declarant Control and by the Executive Board thereafter.
Section 8.6: All window coverings and window treatments (i.e., curtains, blinds, draperies,
shades, etc.) shall be uniform in nature and appearance as required by riles and regulations
established by the Executive Board.
Section 8.7: No vehicles of any kind maybe stored, parked or kept on the Property except
wholly within those portions of the Common Elements designated as parking areas by the
Association. All parking spaces on the Property shall be provided for the use of Owners and their
tenants and their respective employees, agents and customers.
Section 8.8: The Common Elements shall not be used for storage of supplies, personal
property or trash or refuse of any kind except that common trash receptacle(s) may be placed at
various locations on the Common Elements at the discretion of the Executive Board. Sidewalks,
landscaped areas, driveways and parking areas shall not be obstructed in any way, or used for other
than their intended purposes. The cleanliness and orderliness of the Limited Common Elements shall
be the responsibility of the Owner having the right to the use and enjoyment of such Limited
Common Elements.
Section 8.9: The Executive Board may create reasonable rules and regulations governing
the use of the Units or Common Elements from time to time.
Section 8.10: Any lease of a Unit or portion thereof shall be in writing on such form
promulgated or approved by the Executive Board and shall provide that the terms of the applicable
lease shall be subject in all respects to the Condominium Documents and that any failure by the
tenant to comply with all of the terms of such Condominium Documents shall constitute a default
under the applicable lease. No Unit may be leased for a period of less than twelve (12) months.
Section 8.11: Nothing shall be done or kept in any Unit or on the Common Elements which
will impair the structural integrity or mechanical systems or lessen the support of any portion of the
Condominium or which will increase the rate of insurance on the Common Elements or any Unit.
Section 8.12: Each Owner shall be responsible for maintaining his or her Unit and all
personal property serving such Unit, including, without limitation, the exterior signage for the Unit
attached to a Building and to any monument signs, the HVAC system, telephone, gas, water, sewer,
cable television and other utility service lines serving such Unit which are not specifically designated
as Common Elements herein. Each Owner shall further be responsible for the cost of maintaining the
Limited Common Elements appurtenant to such Unit. Each Owner shall furthermore keep his or her
Unit in a clean, neat and orderly condition and in a good state of maintenance and repair. If any
Owner fails to comply with the standards or requirements of the Association relative thereto, the
Association may undertake to affect such compliance and assess the defaulting Owner with the cost
thereof. Each Owner shall be responsible for repairing any damage caused to other Units or any
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portion of the Common Elements resulting from the acts of such Owner or its tenants, or their
respective agents, employees, contractors, licensees or customers.
Section 8.13: Each Owner shall pay promptly all persons furnishing labor or materials with
respect to any work performed on behalf of such Owner or its contractor on or about the Common
Elements and shall not permit any lien to be filed against the Common Elements by reason of any
work, labor, services or materials performed or furnished, or alleged to have been performed or
furnished, to such Owner or to anyone possessing such Owner's Unit through or under such Owner,
and if such a lien is filed, such Owner shall forthwith cause the same to be discharged of record or
bonded to the satisfaction of Declarant during the Period of Declarant's Control and the Executive
Board thereafter.
Section 8.14: No Owner shall place or allow to be placed or maintained on the exterior of
any Unit any sign, advertising matter or any other thing of any kind, including decorations, letters or
advertising materials on the glass of any Unit, or any interior sign visible from outside of a Unit
unless the same is permitted by Declarant during the Period of Declarant Control and by the
Executive Board thereafter or otherwise permitted by the rules and regulations established for all
Owners.
Section 8.15: All Owners, their tenants and their respective employees shall park cars in the
Common Elements only in such areas designated for such purposes by the Executive Board. If any
Owner, its tenants or their respective employees shall fail to park their cars in the designated parking
areas, then the Executive Board shall have the right to charge the applicable Owner a parking charge
on a per diem basis for such violation which shall be immediately due and payable and, if not paid
within thirty (30) days of such Owner's receipt thereof, shall be a lien on the applicable Owner's
Unit which may be foreclosed upon in the same manner as liens for unpaid assessments set forth in
Section 4.1 hereof.
Section 8.16: No Owner, nor such Owner's tenants or their respective agents, employees,
contractors or customers, shall deposit, dispose of, introduce, store or discharge any hazardous
substances, materials, elements or compounds on any Unit or upon the Common Elements in
violation of any local, state or federal law, rule or regulation regarding environmental, hazardous,
toxic, dangerous, restricted or otherwise regulated wastes, substances or materials now or hereafter in
effect.
Section 8.17: Owners shall have the right to combine or merge two or more Units and
subdivide any Unit into two or more Units, provided that (i) all subdivisions of Units have received
the prior approval of the Declarant, during the Period of Declarant Control, and by the Executive
Board thereafter, (ii) each of such newly created Units after a subdivision has direct, separate and
independent access to one of the exterior doors to a Building as originally constructed by Declarant,
(iii) all subdivisions must be conducted in compliance with all applicable codes and regulations,
including, without limitation, all such codes and regulations applicable to firewalls and shared party
walls, and (iv) in no event shall a subdivision of a Unit cause the total number of Units to exceed ten
(10) Units.
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ARTICLE IX
EASEMENTS
Section 9.1: Declarant reserves during the Period of Declarant Control, and the Executive
Board reserves at any time, the right to grant easements for utility purposes for the benefit of the
Property, including the right to install, lay, maintain, repair and replace water lines, pipes, ducts,
sewer lines, gas mains, telephone and television or cable television wires, cables and equipment,
electrical conduits, and wires over, under, along and on any portion of the Common Elements; and
each Owner hereby grants to Declarant or the Executive Board, as applicable, an irrevocable power
of attorney to execute, acknowledge and record for and in the name of each Owner such instruments
as may be necessary to effectuate the foregoing. Declarant specifically reserves for itself and grants
to each Owner an easement and right to run conduits, utility lines and other cables, wires and
equipment in the metal studs and in the plenum area between the top horizontal plane of each Unit
and the roof of the Building in order to provide utilities and other services to Owners and their
tenants; provided, however, the ownership and responsibility for the future maintenance and
replacement of such conduits, lines, cables, wires or other equipment shall be the sole responsibility
of the Owner of the Unit served thereby. Declarant further hereby reserves for itself and grants to
each Owner an easement and right to run necessary ventilation lines, duct work and other equipment
or apparatus within the Common Elements to such Owner's Unit relating to such Owner's HVAC
system; provided that the ownership and responsibility for maintenance and replacement of all
components of such HVAC system shall be that of the Owner of the Unit served by such system.
Easements for installation and maintenance of utilities and drainage facilities, if any, are also
reserved as shown on the Plat. Within these easements no structure, planting or other material shall
be placed or permitted to remain which may interfere with the installation and maintenance of
utilities, or which may obstruct or change the flow of drainage channels in the easements. Declarant
further hereby reserves for itself and for the benefit of the Association the right to enter those Units
with doors to any downspout cleanouts and to access such cleanouts for repairs and maintenance
purposes.
Section 9.2: All Units and Common Elements shall be subject to easements for the
encroachment of improvements from adjacent Units which existed upon creation of the
Condominium to the extent that such improvements actually encroach, including, but not limited to,
such items as overhanging eaves, stoops, misaligned common wall foundation footings and walls,
provided such encroachment does not interfere with the reasonable use of the Common Elements or
Units so encroached upon. If the Building, any Unit or any portion of the Common Elements is
partially or totally destroyed by fire or other casualty or as a result of condemnation or eminent
domain proceedings and is thereafter rebuilt, encroachment of parts of the Common Elements upon
any Unit or upon any portion of the Common Elements due to such rebuilding shall be permitted,
and valid easements for such encroachments and the maintenance thereof shall exist so long as the
Building shall stand.
Section 9.3: Declarant shall have a reasonable construction easement across the Common
Elements for the purpose of constructing improvements on or within the Units. Declarant shall also
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have such easements through the Common Elements as may be reasonably necessary for the purpose
of discharging a Declarant's obligations or exercising Special Declarant Rights as provided herein.
During the period which Declarant may exercise its Special Declarant Right to add additional Units
and additional Limited Common Elements, Declarant shall have an easement over the Common
Elements as may be reasonably necessary to exercise said rights, including, but not limited to, the
construction of new Buildings and other improvements as provided in N.C.G.S. §47C-2-116.
Section 9.4: The Association and the Declarant, during the Period of Declarant Control,
shall have a right of entry upon the Units and any Limited Common Elements to effect emergency
repairs, and a reasonable right of entry upon the Units to effect other repairs, improvements,
replacement or maintenance, as necessary, whether such repairs, improvements, replacements or
maintenance is made for the benefit of the Unit entered or another Unit.
Section 9.5: All easements granted herein are appurtenant to and shall run with the land,
and shall inure to the benefit of and be binding upon the Declarant, the Association, Owners,
occupants, and mortgage holders, and any other person or entity having an interest in the
Condominium.
Section 9.6: All Owners are hereby granted an easement and right to use the plenum area
directly above the Owner's Unit provided that such use does not interfere with the use of, or damage,
any utility lines, conduits or other components of the Building within such plenum area.
Section 9.7: All Owners are granted an easement to attach an identification sign to the
exterior of the Building in such location specifically designated for such purpose by Declarant,
during the Period of Declarant Control, and by the Executive Board thereafter. Such signage shall be
pre -approved as set forth herein, shall be in compliance with all applicable sign ordinances and
further in compliance with any rules and regulations adopted by the Association.
ARTICLE X
INSURANCE
Section 10.1: Property Insurance. The Executive Board shall obtain and maintain at all times
insurance on the Property in an amount not less than one hundred percent (100%) of the replacement
cost of the Property at the time such insurance is purchased and at the time of each renewal thereof
(exclusive of the cost of the Land, excavation, foundations, streets and other paved areas), with a
commercially reasonable deductible determined by the Executive Board. Such insurance shall not
cover any personal property or improvements either located within a Unit or owned by the Owner of
such Unit but located outside the boundaries thereof. The policies evidencing such coverage shall
insure against all risks of direct physical loss including fire and extended coverage perils, shall
provide that each Unit Owner is an insured person with respect to such Owner's Unit and such
Owner's allocated interest in the Common Elements; shall contain clauses providing for waiver of
subrogation against any Owner, and any Owner's tenants, employees or agents; shall provide that
such policies may not be canceled or substantially modified without at least thirty (30) days' prior
written notice to the Association and all the insureds, including all Mortgagees, shall provide that no
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act or omission by any Owner, unless acting within the scope of his authority on behalf of the
Association, will preclude recovery upon such policy; and shall provide that if, at the time of a loss
under the policy, there is other insurance in the name of a Unit Owner covering the same risk
covered by the policy, the Association's policy provides primary insurance. All such policies shall
provide that adjustment of loss shall be made by the Executive Board as insurance trustee. Each
insurance policy shall provide for the issuance of certificates or mortgagee endorsements to
Mortgagees.
Section 10.2: Public Liability Insurance. The Executive Board shall be required to obtain a
policy of comprehensive general liability insurance in such limits as the Executive Board may, from
time to time, determine, covering each member of the Executive Board, the managing agent, if any,
and each Owner with respect to liability arising out of the use, ownership, maintenance, or repair of
the Common Elements; provided, however, that in no event shall the limits of such policy ever be
less than $1,000,000 per occurrence. Such insurance shall include endorsements covering cross
liability claims of one insured against another, including the liability of the Owners as a group to a
single Owner, and shall provide that such policies may not be canceled or substantially modified
without at least ten (10) days' prior written notice to the Association and to all insured. The
Executive Board shall review such limits annually.
Section 10.3: Fidelity Coverage. The Executive Board may obtain such fidelity coverage
against dishonest acts on the part of all persons responsible for handling funds belonging to or
administered by the Association as it may deem necessary. Any such fidelity insurance policy must
name the Association as the named insured and shall be written in an amount as may be determined
by the Executive Board, but in no event less than one-half the annual budgeted amount of Common
Expenses, or the amount required by any Mortgagee, whichever is greater.
Section lOA: Other Insurance Policies. The Executive Board shall be authorized to obtain
such other insurance coverage, including workman's compensation, as the Executive Board shall
determine from time to time desirable or necessary.
Section 10.5: Premiums. Premiums upon insurance policies purchased by the Executive
Board, and any amounts paid as a result of a deductible, shall be paid by the Executive Board and
charged as a Common Expense.
Section 10.6: Distribution of Insurance Proceeds. All insurance policies procured by the
Executive Board shall provide that all losses shall be adjusted with and all proceeds shall be payable
to the Executive Board as insurance trustee. The sole duty of the Executive Board as insurance
trustee shall be to receive such proceeds as are paid and to hold the same in trust for the purposes set
forth herein and for the benefit of the Owners and their Mortgagees in the following shares:
(a) Proceeds on account of damage to the Common Elements shall be held in undivided
shares for each Owner and his Mortgagee, if any, each Owner's share to be the same
as such Owner's allocated interest in the Common Elements.
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(b) Proceeds on account of damage to Units shall be held in the following undivided
shares:
(1) When the damage is to be restored, for the Owners of damaged Units in
proportion to the cost of repairing the damage to each such Owner's Unit,
which cost shall be determined by the Executive Board;
(2) When the damage is not to be restored, an undivided share for each Owner,
such share being the same as each such Owner's Unit's allocated interest in
the Common Elements.
(c) In the event a mortgagee endorsement or certificate has been issued with respect to a
Unit, the share of the Owner shall be held in trust for the Mortgagee and the Owner
as their respective interests may appear.
(d) Proceeds of insurance policies received by the Executive Board as insurance trustee
shall be distributed to or for the benefit of the Owners in the following manner:
(1) If it is determined, as provided in Article XI below, that the damaged property
with respect to which the proceeds are paid shall not be reconstructed or
repaired,
(A) the proceeds attributable to the damaged Common Elements shall be
used to restore the damaged area to a condition compatible with the
rest of the Condominium;
(B) the insurance proceeds attributable to Units and Limited Common
Elements which are not rebuilt shall be distributed to the Owners of
these Units and Units to which those Limited Common Elements
were allocated or to their Mortgagees, as their interests may appear;
and
(C) the remainder of the proceeds shall be distributed to all the Unit
Owners or Mortgagees, as their interests may appear, in proportion to
their Common Element interests.
(2) If the damage for which the proceeds were paid is to be repaired or
reconstructed, the proceeds shall be paid to defray the costs thereof. Any
proceeds remaining after payment of such repair costs shall be distributed to
the beneficial Owners and their Mortgagees, if any, jointly.
Section 10.7: Insurance Obtained by Owners. Each Owner shall obtain and keep
continuously in force additional fire and casualty and extended coverage insurance upon any
improvements and personal property owned by such Owner (including the HVAC system and all
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utility lines and equipment located outside the boundaries of such Owner's Unit but which serve
such Owner's Unit and any Limited Common Elements serving such Unit), public liability insurance,
and such other insurance coverage as he may desire. Each Owner shall obtain and maintain public
liability insurance coverage in the amount of at least $100,000 for bodily injury, including deaths of
persons and property damage, arising out of a single occurrence. Each Owner shall file a copy of
each such individual policy with the Association within thirty (30) days after purchase of a Unit.
ARTICLE XI
DUTY TO REPAIR OR RECONSTRUCT
Section 11.1 Reconstruction and Repair. In the event of damage to or destruction of the
Building as a result of fire or other casualty, the Executive Board shall arrange for the prompt
restoration and replacement of the Building unless (1) the Condominium is terminated in accordance
with the provisions of Article XIII below, or (2) repair or replacement would be illegal under any
state or local health or safety statute or ordinance, or (3) the Unit Owners decide not to rebuild by a
vote of the Owners of greater than ninety percent (90%) of the total percentage interests in the
Common Elements and one hundred percent (100%) of Owners of Units not to be rebuilt and one
hundred percent (100%) of Owners of Units to which are assigned Limited Common Elements not to
be rebuilt. Unless one of the preceding three conditions occurs, the Executive Board shall arrange for
the prompt repair and restoration of the Building, not including any improvements or personal
property owned by an Owner inside his Unit or serving his Unit but located outside such Unit's
boundaries, and further not including any decoration or covering for walls, ceilings, or floors, or
furniture, furnishings, fixtures or equipment (unless the subject insurance policy covers a portion or
all of such loss, in which event the Executive Board shall repair or replace such damaged property),
and the Executive Board shall disburse the proceeds of all insurance policies to the contractors
engaged in such repair and restoration in appropriate progress payments and in accordance with the
provisions of Section 10.6(d)(2) of this Declaration. Any payment for repair and restoration in excess
of the insurance proceeds shall constitute a Common Expense. Any reconstruction or repair shall be
in accordance with the Plat. If the Unit Owners vote not to rebuild any Unit, that Unit's allocated
interests are automatically reallocated upon such vote as if the Unit had been condemned under
N.C.G.S. Section47C-1-107(a).
Section l l.2 Obligations of Owners. Each Owner will, at his sole cost and expense, keep
and maintain his Unit in good order and repair in accordance with the Plat, and will make no
structural addition, alteration or improvement to his Unit without the prior written consent of the
Executive Board, except as authorized under N.C.G.S. Section 47C-2-111. Upon the failure of an
Owner to so maintain his Unit, the Executive Board shall be authorized to maintain, repair or restore
such Unit, and the cost thereof shall be charged to such Owner and constitute a lien on the Unit until
paid. If after the occurrence of damage to or destruction of the Building pursuant to Section 11.1
above, the Building is repaired and restored, then each Owner shall thereafter promptly repair and
restore their Units to the condition in which such Unit existed prior to such damage or destruction,
unless otherwise approved by the Executive Board.
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ARTICLE XII
UNITS SUBJECT TO CONDOMINIUM DOCUMENTS
All present and future Owners, tenants, and occupants of the Units shall be subject to and
shall comply with the provisions of this Declaration, the Association's Bylaws, and any rules and
regulations as may be adopted in accordance with the Bylaws, as all of the foregoing may be
amended and supplemented from time to time. The acceptance of a deed of conveyance or the
entering into of a lease or the entering into occupancy of any Unit shall constitute an agreement that
the provisions of this Declaration, the Bylaws and any rules and regulations which may be adopted
are accepted and ratified by such Owner, tenant or occupant, and an agreement that such provisions
shall be deemed and taken to be covenants running with the Land and shall bind any person having at
any time any interest or estate in such Unit as though such provisions were made a part of each and
every deed of conveyance or lease.
ARTICLE XIII
TERMINATION
The Condominium may be terminated and the Property removed from the provisions of the
North Carolina Condominium Act by the unanimous agreement of all of the Unit Owners, as
evidenced by execution of a termination agreement, or ratification thereof, by such Owners, provided
that all the Mortgagees of the Units consent thereto or agree, in either case by instruments duly
recorded, that their liens be transferred to the percentage of undivided interest of the Owners who
shall own the Property as tenants in common following such termination, which shall be the
percentage of undivided interest of such Owner in the Common Elements.
ARTICLE XIV
RIGHTS RESERVED TO MORTGAGEES
Section 14.1 Rights of Mortgagees to Examine Books and Records. Any Mortgagee, and
any insurer or guarantor of a loan secured by a Mortgage, shall have the right to examine, during
normal business hours and upon reasonable notice, the books and records of the Association,
including copies of the Condominium Documents, as amended, and the financial statements of the
Association, and to be furnished, upon written request, at least one copy of the annual financial
statement and report of the Association, such annual statement and report to be furnished within
ninety (90) days following the end of each fiscal year. If any Mortgagee requests, and agrees to pay
the cost of the audit, the financial statement shall be audited by an independent certified public
accountant.
Section 14.2 Mortgagee's Rights to Notice. If any Mortgagee, or any guarantor or insurer of
a loan secured by a Mortgage, has served written notice of its desire to receive notices under this
Section 14.2 upon the Association by certified mail, return receipt requested, addressed to the
Association and sent to its address stated herein, identifying the Mortgage that it holds, guarantees,
or insures, which notice designates the place to which notices are to be given by the Association to
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such party, then such party shall have the right to receive from the Association prompt written notice
of the following:
(a) Default under any of the terms and provisions of the Condominium
Documents by any Owner owning a Unit encumbered by a Mortgage held,
insured, or guaranteed by such party.
(b) Any loss or damage to or condemnation or taking of the Common Elements
or any loss or damage to or condemnation or taking of a Unit encumbered by
a Mortgage held, insured or guaranteed by such Mortgagee.
(c) Any lapse, cancellation, or material modification of any insurance policy or
fidelity bond maintained by the Association.
(d) Any proposed action by the Association, the Executive Board, or the Owners,
which under the terms of the Condominium Documents requires the consent
of all or any portion of the Mortgagees.
The failure of any Mortgagee to respond within thirty (30) days to any written request of the
Association, sent by registered or certified mail, return receipt requested, for approval of an addition
or amendment to the Condominium Documents wherever Mortgagee approval is required shall
constitute an implied approval by that Mortgagee of the proposed addition or amendment.
Section 14.3 Other Mortgagee Rights. Notwithstanding any other provision of this
Declaration or the Bylaws, the Association may not change the period for collection or regularly
budgeted Common Expenses to other than monthly without the consent of all Mortgagees that have
served written notice to the Association as provided in Section 14.2 above. Any representative of a
Mortgagee may attend and address any meeting that an Owner may attend.
Section 14.4 Enforcement. The provisions of this Article XIV are for the benefit of all
Mortgagees and their successors, and may be enforced by any of them by any available means.
ARTICLE XV
CONDEMNATION
In the event all or any part of the Property shall be taken in condemnation or by eminent
domain, the award for such taking shall be distributed in accordance with the procedure set forth in
N.C.G.S. §47C-1-107.
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ARTICLE XVI
RIGHT OF FIRST REFUSAL
Section 16.1: Except for sales and conveyances of Units by the Declarant, no Unit maybe
sold by any Owner except in compliance with the provisions of this Article XVI.
Section 16.2: Except as provided otherwise below, if any Owner desires to sell such
Owner's Unit, then such Owner (a "Selling Owner") shall first provide written notice to all other
Unit Owner's of such desire and the sales price and other terms by which such Selling Owner desires
to sell such Unit. Each other Owner shall have a period of fifteen (15) days after its receipt of such
written notice from the Selling Owner to notify the Selling Owner of such other Owner's desire to
purchase the Unit on the same terms and conditions as set forth in the prior written notice. If more
than one other Owner desires to purchase such Unit from the Selling Owner, then the applicable
Owner offering the highest purchase price (subject to compliance with all of the Selling Owner's
other sales terms) shall be permitted to purchase the Selling Owner's Unit, with the sale of such Unit
to occur within forty-five (45) days after such other Owner's exercise of its right to purchase the
Selling Owner's Unit. If no other Owners desire to purchase the Selling Owner's Unit or fail to
provide written notice of such intent to the Selling Owner within thirty (30) days after receipt of
written notice from the Selling Owner of its desire to sell its applicable Unit, then the Selling Owner
shall be free to offer its Unit for sale to any third party and consummate the sale of such Unit;
provided, that, the terms of such sale are not for a sales price less than the sales price originally
offered to the other Owners and further provided that the other sales terms are no less favorable to
the ultimate purchaser than those offered by the Selling Owner to the other Owners. If the sales price
or other substantive terms of such third party sale are less than those originally set forth in the written
notice from the Selling Owner to the other Owners, then the Selling Owner shall be required to again
provide written notice to the other Owners of its intent to sell the applicable Unit based on such new
price and terms, and the other Owners shall have the right to notify the Selling Owner in writing
within thirty (30) days after their receipt of the new notice of their intent to purchase the Unit in
accordance with the terms set forth above. At the closing of a sale of a Unit by a Selling Owner to
another Owner, payment for the applicable Unit shall be by cash, wire transfer of funds or other
immediately available funds, the Selling Owner shall at such closing, execute and deliver a general
warranty deed to the Unit, together with a duly executed Lien Waiver Affidavit and such other
documents or instruments as may be reasonably necessary or requested by the purchaser of such Unit
or such purchaser's title insurance company. Notwithstanding the foregoing, in no event shall an
Owner be required to comply with this Section 16.2 if such sale is by an Owner to (i) an affiliate of
such Owner (for purposes hereof, an Aaffiliate" shall mean and refer to an entity which is under
common control as such Owner or an entity which is directly controlled by or directly controls such
Owner), or (ii) in connection with the simultaneous sale by such Owner of the business then being
conducted in the applicable Unit, with the intent of such purchaser to continue such business usage
therein.
Section 16.3: After any sale, transfer or conveyance of a Unit pursuant to this Article XVI,
the future sale, transfer and conveyance of such Unit shall continue to be governed by the provisions
of this Article XVI.
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ARTICLE XVH
GENERAL PROVISIONS
Section 17.1: All powers granted in the Declaration or the Bylaws to the Association shall
be exercisable by the Executive Board, except as otherwise expressly provided in the Declaration,
the Bylaws, or N.C.G.S. Section 47C.
Section 17.2: The Association may adopt and enforce reasonable rules and regulations not in
conflict with the Declaration and supplementary thereto, as more fully provided in the Bylaws.
Section 17.3: The Association shall have the right to enforce, by any proceeding at law or in
equity, all restrictions, conditions, covenants, reservations, liens and charges now or hereafter
imposed by the provisions of this Declaration, the Bylaws and Articles of Incorporation of the
Association. Failure by the Association to enforce any covenant or restrictions therein shall in no
event be deemed a waiver of the right to do so thereafter.
Upon notice to the Association of a violation hereunder and a failure of the Association to
take action upon said violation within 90 days, any Owner, or other holder of an interest in the
Condominium may undertake the enforcement of the provisions of the Declaration at his own
expense.
Section 17.4: Invalidation of any one of these covenants or restrictions by judgment or court
order shall in no way affect any other provisions which shall remain in full force and effect.
Section 17.5: The covenants and restrictions of this Declaration shall run with and bind the
Land, for a term of twenty (20) years from the date this Declaration is recorded, after which time they
shall be automatically extended for successive periods of ten (10) years. Except as otherwise
provided in Section 2.8 hereof in connection with the Declarant's subdivision of a Unit and the
corresponding amendment of this Declaration and the Plat, this Declaration may be amended by an
instrument signed by not less than the Owners of at least sixty percent (60%) of the total percentage
undivided interests in the Common Elements; provided, however, during the Period of Declarant
Control, no such amendment shall be effective without the written approval and consent of the
Declarant. Any such amendment to this Declaration must be recorded.
Section 17.6: The fiscal year of the Association shall begin on the first day of January and
end the 31 st day of December of each year, except that the first fiscal year shall begin on the date of
incorporation.
[SIGNATURES APPEAR ON FOLLOWING PAGE]
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IN WITNESS WHEREOF, Declarant has executed and sealed this Declaration as of the
day of 2018.
DOGWOOD 10815 JOHN PRICE ROAD, LLC,
a North Carolina limited liability company (SEAL)
Name:
Title:
STATE OF NORTH CAROLINA
COUNTY OF MECKLENBURG
I certify that the following person personally appeared before me this day, acknowledging to
me that he/she voluntarily signed the foregoing document for the purpose stated therein and in the
capacity indicated:
Date: 2018
Official Signature of Notary
Notary's printed or typed name, Notary Public
(Official Seal) My commission expires:
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EXHIBIT A
Legal Description of Land
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EXHIBIT B
Table of Undivided Interest in Common Elements
The percentage undivided interest of each Unit in the Common Elements shall be equivalent
to a fraction, the numerator of which shall be the square footage within an area comprised by the
centerline of the metal stud walls immediately surrounding the perimeter of applicable Unit, and the
denominator of which shall be the total square footage within an area comprised of the centerlines of
the metal stud walls forming the outside perimeter walls for each of the Buildings.
Unit Number Unit Square Footage Percentage Undivided
Interest in Common
Elements
If the Declarant exercises the reserved Special Declarant Right to create additional Units or to
subdivide any of the above -referenced Units, or any Owner otherwise exercises its right provided in
the Declaration to subdivide any of the above -referenced Units, the percentage undivided interest in
the Common Elements previously allocated to such subdivided Unit or relating to such newly created
Unit shall be reallocated among the newly -created Units in the above -referenced manner prescribed
by the Declarant and set forth in an amendment to the Declaration as provided in Section 2.8 hereof.
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EXHIBIT C
BYLAWS OF DOGWOOD SOUTH INDUSTRIAL CENTER CONDOMINIUM OWNERS
ASSOCIATION, INC.
These are the Bylaws of DOGWOOD SOUTH INDUSTRIAL CENTER CONDOMINIUM
OWNERS ASSOCIATION, INC., a North Carolina non-profit corporation (the "Association"). The
Association's Articles of Incorporation (the "Articles") have been filed in the Offices of the North
Carolina Secretary of State. All words, phrases and terms used in these Bylaws which are not defined
herein shall have the meanings given such words, phrases and terms as set forth in the Declaration of
Condominium for Dogwood Industrial Center South Condominium recorded in the Mecklenburg
County Public Registry (the "Declaration") or in the North Carolina Condominium Act set forth in
Chapter 47C of the North Carolina General Statutes (the "Condominium Act").
ARTICLE I
MEMBERSHIP
Section Ll: Qualification. Membership in the Association shall be limited solely to
Owners of Units in Dogwood South Industrial Center Condominium and every Owner of a
Condominium Unit shall automatically be a Member of the Association. Membership in the
Association shall be appurtenant to and may not be separated from Unit Ownership. Membership
shall be automatically established by acquisition of fee title to a Condominium Unit whether by
conveyance, devise, dissent, or judicial decree.
Section 1.2: Annual Meetines. The first annual meeting of the Owners shall be held within
one year from the date of incorporation of the Association, and each subsequent regular annual
meeting of the Owners shall be held on the same day and the same month of each year thereafter.
Section 1.3: Special Meetings. Special meetings of the Owners may be called at any time
by the president or the Executive Board, or upon written request of 20% of the Owners, pursuant to
N.C.G.S. §47C-3-108.
Section 1.4: Notice of Meetings. Written notice of each meeting shall be given by, or at the
direction of, the secretary or person(s) authorized to call the meeting, by hand delivering or mailing a
copy of such notice, postage prepaid, at least 10 days and not more than 50 days before such meeting
to each Owner as provided in N.C.G.S. §47C-3-108.
Section 1.5: Budget Meetings. Within 30 days after adoption of any proposed budget for
the Condominium, the Executive Board shall provide a summary of the budget to all the Unit
Owners. The budget shall be considered at a meeting of the Unit Owners as set forth in N.C.G.S.
§47C-3-103(c).
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Section 1.6: Quorum. The presence at the meeting of Owners or proxies entitled to cast ten
percent (10%) of the votes shall constitute a quorum for any action except as otherwise provided by
law.
Section 1.7: Voting Rights. Every Unit Owner shall be entitled to one vote for each owned
Unit. If fee simple title to a Unit is owned of record by more than one person or entity, all such
persons or entities shall be members of the Association, but the vote with respect to any such jointly
owned Unit shall be cast as hereinafter provided. If the fee simple title to any Unit is owned of record
by two or more persons or entities (whether individually or in a fiduciary capacity), the vote with
respect to any such jointly owned Unit may be cast by any one of the joint Owners in person or by
proxy, except that the holder or holders of a life estate in a Unit shall have the sole right to cast the
votes allocated to the Unit. If more than one of the joint Owners vote or more than one life estate
holder in a Unit votes, the unanimous action of all joint Owners or joint life estate holders voting
shall be necessary to effectively cast the vote allocated to the particular Unit. Such unanimous action
shall be conclusively presumed if any one of such multiple Owners or life estate holders casts the
vote allocated to that Unit without protest being made promptly to the person presiding over the
applicable meeting by any of the other of such joint Owners or joint life estate holders. In no event
may a vote with respect to any Unit be divided among joint Owners of the Unit or cast in any manner
other than as a whole, it being the express intention of this Section 1.7 that there be no "splitting" of
votes that may be cast by any Member or Members.
Section 1.8: Proxies. Pursuant to N.C.G.S. §47C-3-110, votes allocated to a Unit maybe
cast pursuant to a dated written proxy signed by a Unit Owner. A Unit Owner may not revoke a
proxy except by written notice delivered to the person presiding over a meeting of the Association. A
proxy terminates one year after its date, unless it specifies a shorter term.
Section 1.9: Required Votes. Except as may be otherwise required in the Declaration, these
Bylaws or by applicable law, all questions voted upon by the Association shall be decided by a
majority of the votes cast on the question.
Section 1.10: Actions Without Meetine. Any action that may be taken at a meeting of the
Owners may be taken without a meeting if such action is authorized in a writing setting forth the
action taken which is signed by all Owners entitled to vote upon such action at a meeting and such
consent is filed with the Secretary of the Association and inserted in the minute book of the
Association.
ARTICLE II
OFFICERS AND EXECUTIVE BOARD; SELECTION; TERM OF OFFICE
Section 2.1: Number, Term of Office and Election. The affairs of the Association shall be
managed by an Executive Board of no less than three (3) Members, who shall be entitled to act on
behalf of the Association. Subject to the initial Period of Declarant Control as set forth in Article I of
the Declaration, nomination for election of the Executive Board shall be made from the floor at the
annual meeting. Election shall be by secret written ballot and by a majority of the Unit Owners when
a quorum is present. Cumulative voting is not permitted. At the first annual meeting following the
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Period of Declarant Control, three (3) Executive Board Members shall be elected to serve until the
following annual meeting. Each Executive Board Member shall serve for a term of one (1) year or
until his or her death, resignation, retirement, removal, disqualification or until his or her successor is
elected and qualified.
Section 2.2: Removal. Any Executive Board Member, except those appointed by the
Declarant, may be removed in accordance with N.C.G.S. §47C-3-103(b). In the event of death,
resignation or removal of a director, his successor shall be selected by a majority of the Members
voting at a meeting when a quorum is present.
Section 2.3: Compensation. No Executive Board Member shall receive compensation for
any service he may render to the Association. However, with the prior approval of the Executive
Board, any Executive Board Member may be reimbursed for actual expenses incurred in the
performance of his duties.
Section 2.4: Action Without Meeting. The Executive Board shall have the right to take any
action in the absence of a meeting which they could take at a duly held meeting by obtaining the
written consent of all the Executive Board Members to the action. Any action so approved shall be
filed in the corporate books and records and shall have the same effect as though taken at a meeting
of the Executive Board.
ARTICLE III
MEETINGS OF EXECUTIVE BOARD
Section 3.1: Meetings. Meetings of the Executive Board shall be held quarterly without
notice, at such place and hour as may be fixed from time to time by resolution of the board. Special
meetings of the Executive Board may be called by any Member of the Executive Board, after not less
than five (5) days notice to each Executive Board Member.
Section 3.2: Quorum. A majority of the Executive Board Members shall constitute a
quorum for the transaction of business. Every act or decision done or made by a majority of the
Executive Board Members present at a duly held meeting shall be regarded as the act of the board.
ARTICLE IV
POWERS, DUTIES AND AUTHORITY OF THE EXECUTIVE BOARD
Section 4.1: Powers and Authority of Executive Board. Subject to the provisions contained
herein and applicable law, the Executive Board shall have the power and authority to exercise all the
rights of the Association, including, but not limited to:
(a) Adopt rules and regulations governing the use of the Common Elements, the
personal conduct of the Owners and their tenants, family members or guests, and establish penalties
for the infraction thereof,
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(b) Suspend the voting rights and right of use of the Limited Common Elements
allocated to an Owner during any period in which such Owner shall be in default in the payment of
any assessment levied by the Association. Such rights may also be suspended after notice and
hearing, for a period not to exceed 60 days for infraction of published rules and regulations;
(c) Declare the office of an Executive Board member to be vacant in the event such
Member shall be absent from three (3) consecutive regular meetings of the Executive Board;
(d) Employ a manager, an independent contractor, or other employees as they deem
necessary, and prescribe their duties; provided always, any contract for professional management
must contain a clause requiring not more than 90 days termination notice;
(e) Procure, maintain and pay premiums on an insurance master policy(s) and
equitably assess the Owners of the same for their prorata portion of such expense.
(f) Impose and receive any payments, fees, or charges for the use, rental, or operation
of the Common Elements other than for service provided to Unit Owners; and
(g) Exercise any other powers necessary and proper for the governance and operation
of the Association; and
(h) Have and to exercise any and all powers, rights and privileges which a corporation
organized under the Non -Profit Corporation Act of the State of North Carolina by law may now or
hereafter have or exercise.
Section 4.2: Duties of Executive Board. It shall be the duty of the Executive Board to:
(a) cause the Common Elements to be maintained, repaired, and replaced as
necessary, and to assess the Unit Owners to recover the cost of the upkeep of the Common Elements;
(b) serve as the architectural control committee after the Period of Declarant Control
as provided in Article VII of the Declaration;
(c) keep a complete record of all its acts and corporate affairs and present a statement
thereof to the Owners at the annual meeting, or at any special meeting when such statement is
requested in writing by 20% of the Owners;
(d) supervise all officers, agents and employees of the Association, and see that their
duties are properly performed;
(e) fix the amount of the annual assessment at least thirty (30) days in advance of each
annual assessment period pursuant to the provisions set forth in the Declaration and N.C.G.S.
§47C-3-103(c);
OO139630.3
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(f) send written notice of each assessment to every Owner at least thirty (30) days in
advance of each annual assessment period;
(g) foreclose the lien against any property for which assessments are not paid within
thirty (30) days after the applicable due date or to bring an action at law against the Owner personally
obligated to pay the same;
(h) issue, or have issued, a certificate setting forth whether or not any assessment has
been paid. A reasonable charge may be made for the issuance of these certificates. If a certificate
states an assessment has been paid, such certificate shall be conclusive evidence of such payment;
(i) procure and maintain, at all times, adequate hazard insurance on the property
owned by the Association and all property for which the Association has the duty to maintain, and
sufficient liability insurance to adequately protect the Association as provided in N.C.G.S.
§47C-3-113;and
0) cause all officers or employees, including officers and employees of professional
management, having fiscal responsibilities to be bonded, as it may deem appropriate.
ARTICLE V
OFFICERS AND THEIR DUTIES
Section 5.1: Officers. The officers of this Association shall be a president, vice-president,
secretary and treasurer. The officers shall be appointed by the Executive Board from among the
Executive Board members.
Section 5.2: Powers and Duties of Officers.
(a) The president shall preside at all meetings of the Executive Board; see that orders
and resolutions of the Executive Board are carried out; sign all leases, mortgages, deeds and other
written instruments and shall co-sign all checks and promissory notes.
(b) The vice-president shall act in the place of the president in the event of his
absence, inability or refusal to act, and shall exercise and discharge such other duties as may be
required of him by the Executive Board.
(c) The secretary shall record the votes and keep the minutes of all meetings and
proceedings of the Executive Board and of the Owners; keep the corporate seal of the Association
and affix it on all papers requiring said seal; serve notice of meetings of the Executive Board and of
the Owners; keep appropriate current records showing the Owners together with their addresses;
prepare, execute, certify, and record amendments to the Declaration on behalf of the Association; and
perform such other duties as required by the Executive Board.
(d) The treasurer shall receive and deposit in appropriate bank accounts all monies of
the Association and disburse such funds as directed by the Executive Board; sign all checks and
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promissory notes (such checks and promissory notes to be co -signed by the president) of the
Association; keep proper books of account; cause an annual audit of the Association books to be
made by a public accountant at the completion of each fiscal year; and prepare an annual budget and
a statement of income and expenditures to be presented to the Membership at its annual meeting, and
deliver a copy to each Owner.
Section 5.3: Term. Each officer of the Association shall be elected annually by the
Executive Board and each shall hold office for one (1) year or until his or her death, resignation,
retirement, removal, disqualification or until his or her successor is elected and qualified.
Section 5.4: Special Appointments: The Executive Board may elect such other officers as
the affairs of the Association may require, each of whom shall hold office for such period, have such
authority and perform such duties as the Executive Board may, from time to time, determine.
Section 5.5: Resignation and Removal. Any officer maybe removed from office with or
without cause by the Executive Board. Any officer may resign at any time giving written notice to
the Executive Board, the President or the Secretary. Such resignation shall take effect on the date of
receipt of such notice or at any later time specified therein, and unless otherwise specified therein,
the acceptance of such resignation shall not be necessary to make it effective.
Section 5.6: Vacancies. A vacancy in any office may be filled by appointment by the
Executive Board. The officer appointed to such vacancy shall serve for the remainder of the term of
the officer he or she replaces.
Section 5.7: Multiple Offices. The officers of Secretary and Treasurer may be held by the
same person. No person shall simultaneously hold more than one of any of the other offices except in
the case of special offices created pursuant to Section 5.4 of this Article.
Section 5.8: Compensation. No officer shall receive any compensation from the
Association for acting as such.
ARTICLE VI
BOOKS AND RECORDS
The books, records and papers of the Association shall at all times, during reasonable
business hours, be subject to inspection by any Owner or any Mortgagee. The Articles of
Incorporation and the Declaration and Bylaws of the Association shall be available for inspection by
any Owner at the principal office of the Association, where copies may be purchased at reasonable
cost.
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ARTICLE VII
CORPORATESEAL
The Association shall have a seal in circular form having within its circumference the words:
"DOGWOOD SOUTH INDUSTRIAL CENTER CONDOMINIUM OWNERS ASSOCIATION,
INC." and the words: "CORPORATE SEAL" in the center thereof.
ARTICLE VIII
INDEMNIFICATION OF DIRECTORS AND OFFICERS
The Association shall indemnify such persons, for such expenses and liabilities, in such
manner, under such circumstances, and to such extent, as permitted by Sections 55A-17.1, -17.2, and
-17.3 of the North Carolina General Statutes, as now enacted or hereafter amended.
ARTICLE D{
FISCAL MANAGEMENT
Section 9.1: De ository. The initial insured depository for the funds of the Association
shall be Bank and the Executive Board may change such depository from
time to time to another insured depository. Withdrawal of funds from such depository shall be
initially by check signed by the Declarant during the Period of Declarant Control, and thereafter only
by checks signed by any two (2) officers of the Association or any other persons authorized by the
Executive Board.
Section 9.2: Fidelity Bonds. Fidelity bonds shall be maintained by the Association, in an
amount determined by the Executive Board, covering each Director and officer of the Association,
any employee or agent of the Association, and any other person handling or responsible for handling
funds of the Association.
Section 9.3: Payment Vouchers: Payment vouchers shall be approved by the Executive
Board, provided that the Executive Board may delegate such authority to any officer or managing
agent of the Association.
Section 9.4: Financial Records: The financial records of the Association shall be made
reasonably available for examination upon written request to the Association.
Section 9.5: Fiscal Year: The fiscal year of the Association shall be from January 1 of each
year through December 31 of the immediately following calendar year; however, the first fiscal year
shall commence on the date the first Unit is conveyed.
ARTICLE X
ASSESSMENTS
Section 10.1: Obligation of Members to Pay Assessments: Amount of Levy. Until the
Association levies a Common Expense assessment, Declarant shall pay all accrued expenses of the
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Condominium. Thereafter, each Owner shall be personally and severally liable for the Common
Expenses that are levied against his or her Unit while an Owner. Each Unit shall be assessed in
accordance with that Unit's percentage of Common Expenses as allocated by the Declaration, as
amended.
Section 10.2: Allocation of Common Surplus. Any common surplus, including funds in
reserve accounts, may be allocated to each Unit, upon a 2/3rds vote of the Owners voting at a
meeting when a quorum is present, in accordance with its percentage of Common Expenses. If
allocated, the surplus shall be owned by the Owner of that Unit and may be paid to the Owner or
credited against that Unit's share of Common Expenses subsequently assessed.
Section 10.3: Preparation of Budget and Levying of Assessment. For each fiscal year,
beginning with the fiscal year beginning on January 1, 2019, the Executive Board shall prepare and
adopt a proposed budget, including estimates of the amount necessary to pay the Common Expenses,
together with amounts considered necessary by the Executive Board for reserves. Within thirty (30)
days after adoption of each annual budget, the Executive Board shall provide each Owner with a
copy of such budget, and shall give each Owner notice of the assessment made against that Owner's
Unit based upon such budget and of the interest to be charged on delinquent payments. The budget
shall be ratified unless a majority of all Owners rejects the budget at a duly held meeting of Owners,
in which event the last ratified budget shall continue in effect until such time as the Owners ratify a
subsequent budget proposed by the Executive Board. The assessment shall be deemed levied upon
the adoption of the budget by the Executive Board, subject to the disapproval of the budget by the
Owners.
Section I0.4: Lien for Assessments. Any assessment which remains unpaid shall constitute a
lien on that Unit when filed of record in the Office of the Clerk of Superior Court for Mecklenburg
County, North Carolina. Such lien may be foreclosed as provided in Section 47C-3-116 of the North
Carolina General Statutes. Such lien shall be prior to all other liens and encumbrances on the Unit
except (i) liens and encumbrances (specifically including, but not limited to, a mortgage or deed of
trust on the Unit) recorded in the Mecklenburg County real estate records before the filing of the lien
for assessments in the Office of the Clerk of Superior Court, and (ii) liens for real estate taxes and
other governmental assessments or charges against the Unit.
Section 10.5 Payment of Assessments. Assessments shall be payable when notice thereof is
given, but shall not be delinquent if paid at the times and in the amounts specified by the Executive
Board in the notice of assessment. Except for special assessments, 1/12th of the annual assessment
shall be paid on or before the first day of each month. Payments shall be made to the Association, or
as the Executive Board may otherwise direct from time to time.
Section 10.6 Funds and Reserves. All sums collected by the Association from assessments
shall be accounted for as follows:
(a) Reserve Fund for Repairs and Replacements. To this fund shall be credited all
sums collected for the purpose of effecting repairs and replacements of structural elements and
mechanical equipment, and other Common Elements, of the Condominium.
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(b) Working Capital and Operating Reserve Fund. To this fund shall be credited
all sums collected to provide a reserve for liquidity. The fund may be used to meet deficiencies from
time to time as a result of delinquent payments of assessments and other contingencies.
(c) General Maintenance Fund. To this fimd shall be credited collections of
assessments for all Common Expenses for the current year as well as common profits and surplus
from the previous year, and not to be credited to either of the above reserve funds.
The above funds shall be established by the Executive Board and shall be funded by regular
installments rather than by extraordinary special assessments. The reserve funds described above
shall be maintained in such amounts as deemed necessary or desirable by the Executive Board and
required by applicable law. To the extent maintained, funds shall be held in such accounts and with
such insured depositories as the Executive Board, in its discretion, selects.
Section 10.7 Special Assessments. In addition to the assessments levied pursuant to Section
10.3 herein, the Executive Board, in its discretion, but subject to the requirements of Article IV of
the Declaration, may levy special assessments at such other and additional times as in its judgment
are required for the discharge of the Association's responsibilities.
Section 10.8 Common Expenses Benefiting Less Than All Units. Any Common Expense
associated with the maintenance, repair, or replacement of a Limited Common Element shall be
assessed against the Unit, or in equal shares to the Units, to which such Limited Common Element
was allocated at the time the expense was incurred. In addition, the Association may assess any item
of Common Expenses benefiting less than all of the Units against the Units benefited in the
proportion that their Common Expense liabilities bear to each other.
Section 10.9 Failure to Prepare Budget and Levy Annual Assessment Deficiencies in
Procedure. The failure or delay of the Executive Board in preparing any budget shall not constitute a
waiver or release of the Owners' obligation to pay assessments whenever the same shall be
determined and levied by due action. Until a new assessment is levied pursuant to Section 10.3, each
Owner shall continue to pay the existing assessment in the same amount and at the same periodic
times as levied. Non -material deficiencies or inadequacies in the procedure followed by the
Executive Board in levying an assessment shall not in any way affect its validity or the obligation of
Owners to pay such assessment.
Section 10.10 Assessment Roll: Certificate. All assessments shall be set forth upon a roll of
the Units, which shall be available in the office of the Association for inspection at all reasonable
times by Owners, Mortgagees and their duly authorized representatives. Such roll shall include, for
each Unit, the name and address of the Owners, all assessments levied, and the amount of all
assessments unpaid. The Association, upon written request, shall furnish to any such party a
recordable statement setting forth the amount of unpaid assessments currently levied against his or
her Unit. The statement shall be furnished within 7 business days after receipt of the request and
shall be binding upon the Association and all Owners. A reasonable fee may be charged by the
Executive Board for such statement.
00139630.3
-9-

Section 10.11 Interest on Delinquent Assessments. Assessments paid before they become
delinquent shall not bear interest, but all delinquent sums shall bear interest at the rate set forth in the
notice levying the assessment, not exceeding any applicable maximum legal rate of interest, from the
date delinquent until paid. If no interest rate is set forth in such notice, such interest rate shall be the
maximum allowed by the Declaration. All payments upon account shall be applied first to interest
and then to the assessment, or installment thereof, longest delinquent. All such interest shall
constitute a lien with the same priority as the assessment on which such interest accrues.
Section 10.12 Common Expenses. Common Expenses shall mean and include all sums
declared Common Expenses by the North Carolina Condominium Act, or by any specific provision
of these Bylaws or the Declaration, and shall include, without limitation, the following: real estate
taxes and other governmental assessments or charges against the Condominium; premiums for any
and all insurance maintained by the Association, including any deductible or coinsurance amount not
covered by insurance; utility charges not collected from Owners; legal and accounting fees; costs and
expenses incurred in connection with any litigation or administrative proceeding affecting the
Association; deficits remaining from any prior assessment period; the cost, including fees and
interest, incurred in connection with any borrowing done by the Association; the cost of all fidelity
bonds; costs imposed upon the Association or any part of the Common Elements or the Property by,
or incurred by the Association as a result of the performance, enforcement or amendment of, any
agreement or easement to which the Association is a party or to which the Common Elements or
Property, or any part of either thereof, is or may be subject; amounts determined necessary for
reserve funds; and indemnity payments made by the Association pursuant to Article VIII hereof.
ARTICLE XI
COMPLIANCE, ENFORCEMENT, FINES AND PENALTIES
Section 11.1 Defaults and Remedies. A default in or failure to comply with any of the
terms, conditions, obligations, and provisions of the North Carolina Condominium Act, the
Declaration, these Bylaws, the Articles, or the rules and regulations established by the Executive
Board, as the same may be amended from time to time, by any person or entity subject thereto, shall
give to any person or entity adversely affected by such default or failure a claim for appropriate
relief.
Section 11.2 Notice of Default and Failure to Cure. In the event of any default or failure to
act by an Owner, the Executive Board shall serve upon or mail to the defaulting Owner, and to each
Mortgagee of that Owner's Unit when required under the Declaration, a written notice specifying the
nature of the default, the cure thereof, and the time within which the cure shall be effected. Within
the time limit specified in the notice, the defaulting Owner may cure the default specified, or serve
upon or mail a written notice to the Executive Board requesting a hearing. If a hearing is so
requested, the Executive Board shall thereafter serve upon or mail to the defaulting Owner, and to
each such Mortgagee which was entitled to notice of the default as above provided, a notice
specifying the time and place for such hearing. At the hearing, the Executive Board shall take such
evidence and hear such testimony as it deems necessary or desirable. The Executive Board shall not
exercise any remedies to obtain relief from the default until the hearing is over and the Executive
00139630.3
_10_

Board has made its determination and served upon or mailed the same to the defaulting Owner and
each such Mortgagee. The hearing may be continued from time to time as determined by the
Executive Board. Upon taking such evidence and hearing such testimony, the Executive Board at the
hearing or at such later time shall determine, in writing, and at its sole option, to waive the default in
whole or in part, to extend the time within which the default may be cured, to proceed immediately
to levy a fine or penalty, or to exercise any one or more of the remedies available to the Executive
Board due to such default. The Executive Board shall serve upon or mail to the defaulting Owner,
and to each such Mortgagee which was entitled to notice of the default as above provided, a copy of
its decision. If the defaulting Owner (i) does not cure the default or request a hearing within the time
limit specified in the original notice of default given pursuant to this Section, or (ii) so requests a
hearing, but fails to cure the default (to the extent not waived by the Executive Board) within the
extended time, if any, granted by the Executive Board after hearing, then the Executive Board shall
serve upon or mail to the defaulting Owner, and to each such Mortgagee which was entitled to notice
of the default as above provided, a written notice of such Owner's failure to effect a cure, and the
Executive Board may then proceed to take such action as it deems necessary to obtain relief.
Section l l .3 Remedy of Abatement in Addition to Other Remedies. hi the event an Owner
fails to effect the cure specified by the Executive Board within the time period set out in (i) or (ii) of
Section 11.2 whichever is applicable, and where the default is a structure, thing, or condition existing
in or on the Property, the Executive Board, or its duly authorized representative, shall have the right
to enter upon any portion of the Property and summarily to abate and remove, at the defaulting
Owner's expense (and levy an assessment therefor), the structure, thing, or condition constituting the
default. The Executive Board, the Association, and their agents, employees, and representatives shall
not thereby be deemed guilty of any manner of trespass.
Section ll.4 Non -Waiver of Covenants. The failure of the Association or of any Owner to
enforce any term, provision, right, covenant, or condition that may be granted by the Declaration,
these Bylaws, the Articles, the rules and regulations established by the Executive Board or applicable
law as the same may from time to time be amended, shall not constitute a waiver or abrogation of the
right of enforcement in the future, irrespective of the number of violations or breaches that may have
occurred.
Section 11.5. Liens for Assessments. Liens for assessments shall be enforced pursuant to
Article X and not pursuant to this Article XI.
ARTICLE XII
AMENDMENT
An amendment to these Bylaws shall be made and approved by a vote of the Owners owning
at least two-thirds (2/3rds) of the undivided percentage interests in the Common Elements at a duly
held meeting.
00139630.3
_j j_

RgC�'rVE'D%ML`D
CESV
Sanitary Sewer Calculations
For
John Price Rd. Spec Building
An Industrial Development
Mecklenburg County
Charlotte, North Carolina
CESI PROJECT NO. 180073.000
Date: July 16 2018
Owner's Rep/Name: Chandler England and Jack Spencer
Dogwood 10815 John Price LLC
2820 Selwyn Ave., Ste 832
Charlotte, NC, 28209
P. 704-907-7846 / 704-608-6838
Preparer's Name: Kate Underwood, PE
CESI
NCBELS Corporate License Number C-0263
PO Box 268
Concord, NC 28026-0268
P.704.786.5404
F.704-786.7454
M.704.657.4180
kateunderwood(a)cesicgs.com
MOpRCSV
lllg #C�IONq� OFFICI
n 033470 ; O
'9�A .��GINE6�. O`
E
W. Utz `
07/16/2018

The proposed building is being designed and constructed on a spec basis, with
the final use being subject to change. The design of the building is as a
warehouse/small business building and is designed for 5 condo/tenant spaces
The building has 5 loading bay doors.
15a NCAC 02t.0114 has two possible design flow rates for this use
Option #1: General business and office facilities: 25 gal /employee/shift
Option #2: Warehouse: 100 gal. per day/loading bay
As the first option will generate a higher average daily flow rate, this
calculation will be used to design the liftstation
Assuming that each tenant space is occupied (5 spaces total), and each space has
ten employees (7 working in the warehouse space and 3 office employees):
(25 GPD/employee/shift)*10 employees*5 tenants = 1,250 GPD Average Daily Flow
Maximum Daily Flow = 1,250 GPD * 2.5 = 3,125 GPD Maximum Daily Flow
Peak Daily Flow =1250 GPD * 2.5 = 3,125 GPD Peak Daily Flow

Peak Flow Factor
Total Flow AADF
Total Peak Flow
Step 1: Analyze Existing Design
2.5
1,250
3,125
(Assume 10 hr day)
GPD 2.08 GPM
GPD 5.21 GPM
Pump Selection Data Use existing 2.0 inch pipe
Area of the Pipe (SF) Flow Range Total Dynamic Head
0.014 sq ft 30.0 gpm 4.73 ft/s 17.79 ft 5.42 m
40.0 gpm 6.31 ft/s 24.94 ft 7.60 m
50.0 gpm 7.88 f s 33.77 ft 10.29 m
Minimum Storage Volume (4* AADF)
Actual Storage Volume
1 Pump Run Time
Minimum Pump Rate
Time to Fill Storage
Pump Cycle Time
Total Pump Starts Per Hour
Each pump Start Per Hour
Minimum Storage Volume
Diameter of Wetwell
Cross Sectional Area of Wetwell
Depth of Storage
Top of Well
Invert In
Alarm Level
2nd Pump On
1st Pump On
Pump Off
Wetwell Bottom
Height of pump
Tank Bottom Elevation
Average Cycle Time
= 8.3 gal
=13.5 gal
10 min
= 3.4 gpm
6 min
33 min
3.64
1.82
Storage Volume and Stages
= 8.3 gal
3.0 ft
7.07 sq ft oa of
0.2 ft
617.65
612.40 ft
612.40 ft
611.99 ft
611.49 ft
609.90 ft
609.25 ft
1.08 ftCTOP
608.15 ft
Volume = H*A*7.4805 gal/ft
166 GAL (Total Wetwell)
13.53 STORAGE 0.6 ft
= 8.201 gal (EQN 2.04 cycle Times)
=1.11 cu. ft.
J:\Eng\180073.000 John Price Road -Final Engineering\2-Engineering\2-Calculations\10-SanitarySewer\180073 John Price Road Liftstation
1

Pressure at Connection
Conversion to Feet
Pressure Head
0.0 psi
2.31 ft/psi
0.0 ft
Static Head
ground elevation
617.15
depth of tank
7.9 ft
Pump Depth
609.79
Maximum discharge height
617.5
Friction Head Loss
Equivalent Pipe Length: Valves
and Fittings
Pipe Size
1.610 in
c=140
Fitting Type
ft/fitting
Total
1/4" Orifice
0
2.00
0.00
1-1/2" Laterals
0
0.15
0.00
Gate ValveFully Open
1
1.00
1.00
90' Elbow
3
5.00
15.00
45° Elbow
0
3.00
0.00
Standard Tee Thru Flow
0
1.50
0.00
Standard Tee Branch Flow
0
7.00
0.00
Swing Check Valve Fully Open 0
16.80
0.00
TOTAL FITTINGS
4
16.00
Actual Pipe Size
Pipe Fitting
Total Length
Friction
Length Length
Loss/100
1.610 in
146.7 16.0
162.7
5.98
1.610 in
146.7 16.0
162.7
10.21
1.610 in
146.7 16.0
162.7
15.43
in PSI
in FT
GPM
Pipe Size
Pressure Drop per 100 ft
10
1.5
0.34
0.7854
20
1.5
1.22
2.8182
30
1.5
2.59
5.9829
40
1.5
4.42
10.2102
50
1.5
6.68
15.4308
60
1.5
9.36
21.6216
70
1.5
12.46
28.7826
80
1.5
15.95
36.8445
90
1.5
19.84
45.8304
100
1.5
24.12
.5.5.7179
Ties into exising SSMH
Static Head
7.7 ft
K value Friction Loss
1.000 9.73 ft 4.73 ft/s
1.000 16.61 ft 6.31 ft/s
1.000 25.10 ft 7.88 ft/s
From Hunter Friction Loss
SDR 7,9,11.5,15
C=140
(Therefore no k value adjustment required)
l\Eng\180073.000 John Price Road -Final Engineering\2-Engineering\2-Calculations\10-Sanitary Sewer\180073 John Price Road Liftstation
2

Average Flow Velocity Head Losses
Loss=V^2/(2*G) V = Velocity in pipe (ft/s)
G = Acceleration due to Gravity (32.15 ft/s^2)
Actual Pipe Size
Required Flow
Velocity
Velocity Loss (ft)
1.61
30.0 gpm
4.73 ft/s
0.347 ft
1.61
40.0 gpm
6.30 ft/s
0.617 ft
1.61
50.0 gpm
7.88 ft/s
0.964 ft
J:\Eng\180073.000 John Price Road -Final Engineering\2-Engineering\2-Calculations\10-SanitarySewer\180073 John Price Road Liftstation
3

WP10ESI Land Development Services
�I�DS
OB NO.: �sobrs.000 BY: uoa P.O. Box 268
DATE: ins/267e P.M: KWu Concord. NC 28026
Calculations Given
Data
Standard Footing Assumptions
Densit of Concrete
150 Ibs/@^3
1. Footing base to be 1 ft. wider than structure
on all sides.
Densi of Water
62.4 Ibs/ft-3
IlSafety Factor S.F.
2
Outlet
= (w+2d^2'h-w^2'(h4) x D(c)
Displaced Water Weight, W(w) = (w + 2t)"2 x D(w) x h
Weight, W(b) = (W(w) x S.F.) -
= W(b)/Dc-Dw
where, w= outlet box inside dimension, ft.
t = structure wall thickness, 0.
h = height of structure, ft.
D(c)= density of concrete, Ibs/fi"3
D(w)= density of water, Ibs/R^3
S.F.= safety factor
WDPY Outlet Structure
Stricture Dimensions
04fect Weights
Elevation at bottom of structure =
608.15
81IGroundwater Elevation Ground-8ft
Elevation at top of structure = 617.65
Height of structure h =
9.50 R.
Outlet Structure Weight, W s =
0 Ibs
Structure wall thickness t =
0 in.
Displaced Water Weight, W(w) =
842 Ibs
Average outlet box inside dimension, w =
3 ft.
Re V Base Weight, W b =
1685 Ibs
Pootin Size
Required Footing Volume V fr =
19 cf
Standard Footing Length r L =
4.00 ft.
Provided FootingV f Volume =
32 cf
Standard Footing Width W =
4.00 ft.
Footing Check
okay
Minimum Footing Depth, D =
1.00 ft.
Footing Size to be used:
Length =
Width =
Depth =
4.00 ft.
4.00 ft.
2.00 ft.

LSG/LSGX 200-Series Dimensional data
[ 242mm ]
-
9.54in
T-
[237mm]
9.34in
FOR GUIDE RAIL
MOUNTING DIMENSIONS
SEE NEXT PAGE
230V
PIGGY
BACKSWITCH
VfY
3-PHASE CORD ASSY
[499mm]
19.66i n
o ® o
[86mim
3.39in
PAOIRIFI'
awe. w.
LSG200SERIES
co ANEDR1uL
. wl°RMA" COMANFDM 1116
°RA",N EPROPPRIY°'
DIMENSIONAL
co'S c
s,.OPIIMP ,"P I
REPROWOEW iNPAR!OR ASn wNOtE
WffHCcu
10I1/4014
Many VMPs Inc.ITIO, 6 PRCNBRE0.0f
APPLCAWN
00 NOI sUtE ORAWWO
A A
SCeiE,u
LSG200_P2 FI0/1/2014 WCopyright 2014 Liberty Pumps Inc. All rights reserved. Specifications subject to change without notice. im
pumpsv

[296mm ] [91 mm ]
11.66in 1-1/4"NPIT 3.58in
THREAD 1-1/411 NPT
FOR GUIDE RAIL
PIPE
[ 132mm ]
5.20in
[57mm]
02.25in 1-1/4"NPIT [168mm] [434mm]
THREAD 6.63in 17.08in
UPPER PIPE
GUIDE BRACKET
[ 530mm ]
20.87in
[ 137mm ]
5.39in g
gg i`
[229mm]
9.02in
[ 325mm ] [ 497mm ]
12.79in
[ 133mm ] 19.58in
G90 OPTION 5.23in GR20 OPTION
LSG200 SERIES DIMENSIONAL
PROPRIETARY AND CONNDENNAt WITH GR20 FOR GUIDE RAIL
HE MARVINR AHES`oPRAINEDIOF AND G90 FOR 90 D
ORAW PUMPS
6ISINC.APROPERLY OF
REPRO UCTIONC. ANY DISCHARGE
WITHOUNNEW WPART ORASA WlF qq, Np
080" iNEWRII6 PPRMSSED OF �[ 1O�1�YOlA A
UBPRIY %JAIV$INC.6 %tOW011EO. .Y
APPLICAIgN W NOI SGIF DRAWINCs /`Y
SCNII:I IIUFS
LSG200 P3 RIO/V2014 ©Copynght 2014 Liberty Pumps Inc. All rights reserved. Specifutions subject IN change ,jNmUt notice. 1%0
NMP'Vs

LSG/LSGX 200-Series Electrical data
FULL
LOCKED
THERMAL
STATOR
CORD
MODEL
P
VOLTAGE
PHASE
SF
LOAD
ROTOR
OVERLOAD
WINDING
LENGTH
DISCHARGE
AUTOMATIC
AMPS
AMPS
TEMP
CLASS
FT
LSG202A
2
208/230
1
1.0
15
53
105'0 221"F
B
25
1-1/4 NPT
YES
+ FLANGE
LSG202M
2
208/230
1
1.0
15
53
105'C 221°F
B
25
1-1/4 NPT
NO
+ FLANGE
LSG202M-3"
2
208/230
1
1.0
15
53
105'C 221°F
B
35
1-1/4" NPT
NO
+ FLANGE
LSG202M-C'
2
208/230
1
1.0
15
53
135-C 275°F
B
35
1-1/4" NPT
NO
+ FLANGE
LSG203M
2
208/230
3
1.0
10.6
61
N/A
B
25
NO
+FLANGE
LSG204M
2
440-480
3
1.0
5.3
31
N/A
B
25
+FLANGE
LSG205M
2
575
3
1.0
4.9
31
N/A
B
P5
1-1/4" NPT
NO
+ FLANGE
LSGX202A
2
208-230
1
1.0
15
53
135'C 275°F
B
25
1-1/4 NPT
YES
+ FLANGE
LSGX202M
2
208-230
1
1.0
15
53
135'C 275"F
B
P5
1-1/4" NPT
NO
+ FLANGE
LSGX202M-3'
2
208-230
1
1.0
15
53
135'C 2757
B
35
1-1/4 NPT
NO
+ FLANGE
LSGX202M-C"
2
208-230
1
1.0
15
53
135'C 275"F
B
35
1-1/4" NPT
NO
+ FLANGE
LSGX203M
2
208/230
3
1.0
10.6
61
N/A
B
25
1-1/4" NPT
NO
+ FLANGE
LSGX204M
2
440-480
3
1.0
5.3
31
N/A
B
P5
1-1/4" NPT
NO
+ FLANGE
LSGX205M
2
575
3
1.0
4.9
31
N/A
B
25
1-1/4" NPT
NO
+ FLANGE
*Notes: + LSG202M-C & LSGX202M-C are for external capacitor applications and require the use of control panels fitted
with properly matched capacitors and start relays. Consult Liberty Pumps catalog for proper panel model when ordering. For
retrofit applications, order Liberty start kit K001316 which includes the correct Start Capacitor, Run capacitor, and Potential
Start Relay. In all cases, control panels must be constructed per applicable UL and/or CSA standards and be installed per
NEC.
x LSG202M-3 and LSGX202M-3 35' cord manual pump models have bare leads (no plug end)
LSG/LSGX 200-Series Technical Data
IMPELLER
300 SERIES S.S.
PAINT
POWDER COAT
MAX LIQUID TEMP
60'C 140'F
MAX STATOR TEMP
140'C
THERMAL OVERLOAD
SEE ABOVE sin le hase only)
POWER CORD TYPE
SJOOW (1-Phase) / SEOOW (3-phase)
SOOW external capacitor models
MOTOR HOUSING
CLASS 25 CAST IRON
VOLUTE
CLASS 25 CAST IRON
SHAFT
300 SERIES S.S.
HARDWARE
STAINLESS
ORINGS
BUNA N
MECHANICAL SEAL
UNITIZED SILICON CARBIDE
MIN BEARING LIFE
50,000 HRS
LS6200 P4R]011/2014 ®Copyright 2014 Liberty Pumps Inc. Allrlghtaresmed. Specifications subject to change without notice. b1li -
Pumpsf

LSG/LSGX 200-Series Specifications
1.01 GENERAL:
The contractor shall provide labor, material, equipment, and incidentals required to provide 2 _(QTY) centrifugal grinder pumps as
specified herein. The pump models covered in this specification are Series LSG200 and LSGX200 single phase or three phase grinder
pumps. The pump furnished for this application shall be model LSG200 as manufactured by Liberty pumps.
2.01 OPERATING CONDITIONS:
Each submersible pump shall be rated at 2 hp 203 volts 3 phase 60 Hz. 3450 RPM. The unit shall produce 50 G.P.M. at 34
feet of total dynamic head.
The submersible pump shall be capable of handling residential and commercial sewage and grinding it to a fine slurry, enabling It to be
pumped over long distances in pipelines as small as 1.25" in diameter. The LSG series single stage submersible pump shall have a shut-off
head of 110 feet and a maximum flow of 50 GPM @ 10 feet of total dynamic head. The LSGX series two stage submersible pump shall have
a shut-off head of 185 feet and a maximum flow of 38 GPM @ 10 feet of total dynamic head.
Single phase pumps shall have capacitors and start relay mounted _ in the pump, or _ in the panel.
The pump shall be controlled with:
_A piggy back style on/off float switch (Single Phase Only).
_A NEMA 4X outdoor simplex control panel with three float switches and a high water alarm.
A NEMA 1 indoor simplex control panel with three float switches and a high water alarm.
_A NEMA 4X outdoor duplex control panel with three float switches and a high water alarm.
A NEMA 1 indoor duplex control panel with three float switches and a high water alarm.
A NEMA 4X outdoor duplex control panel with four float switches and a high water alarm.
A NEMA 1 indoor duplex control panel with four float switches and a high water alarm.
3.01 CONSTRUCTION:
Each centrifugal grinder pump shall be equal to the oSA• us certified Series LSG Grinder pumps as manufactured by Liberty Pumps, Bergen
NY. The castings shall be constructed of class 25 cast iron. The motor housing shall be oil filled to dissipate heat. Air filled motors shall not be
considered equal since they do not properly dissipate heat from the motor. All mating parts shall be machined and sealed with a Buna-N o-
ring. All fasteners exposed to the liquid shall be stainless steel. The motor shall be protected on the top side with sealed cord entry plate with
molded pins to conduct electricity eliminating the ability of water to enter internally through the cord. The motor shall be protected on the lower
side with a dual seal arrangement. The first seal is a double lip seal molded in elastomeric rubber.
The second / main seal shall be a unitized hard face silicon carbide seal with stainless steel housings and spring.
The upper and lower bearing shall be capable of handling all radial thrust loads. The lower bearing shall have the additional ability to handle
the downward axial thrust produced by the impeller and cutters by design of angular contact roller races. The pump housing shall be of the
concentric design thereby equalizing the pressure forces inside the housing which will extend the service life of the seals and bearings.
Additionally there shall be no cutwater in the housing volute in order to discourage the entrapment of flowing debris. The pump shall be
furnished with stainless steel handle having a nitrile grip.
LSG200 P5 R10/1/2014 ®Copyright 2014 Liberty Pumps Inc. All rights reserved. Specifications subject to change without notice. vbe y
Punips-

4.01 ELECTRICAL POWER CORD
The submersible pump shall be supplied with 25 feet of multi -conductor power cord (35ft for LSG202M-C and LSGX202M-C external
capacitor models). It shall be cord type SJOOW (1-phase) or SEOOW (3-phase) or SCOW (external capacitor models), capable of continued
exposure to the pumped liquid. The power cord shall be sized for the rated full load amps of the pump in accordance with the National Electric
Code. The power cable shall not enter the motor housing directly but will conduct electricity to the motor by means of a water tight
compression fitting cord plate assembly, with molded pins to conduct electricity. This will eliminate the ability of water to enter internally
through the cord, by means of a damaged or wicking cord.
5.01 MOTORS
All motors shall be oil filled, class B insulated NEMA B design, rated for continuous duty. Since air filled motors are not capable of dissipating
heat they shall not be considered equal. Single phase pump motors shall be capacitor start/ capacitor run and have an integral thermal
overload switch in the windings for protecting the motor. Three phase motors shall be used with an appropriate controller with integral
overload protection. On all single phase models (excluding LSG202M-C and LSGX202M-C), the capacitor circuit shall be mounted internally
and motors shall have an integral solid state starting circuit switch for switching the start winding off.
6.01 BEARINGS AND SHAFT
An upper radial and lower thrust bearing shall be required. The upper bearing shall be a single ball / race type bearing. The lower bearing
shall be an angular contact heavy duty ball / race type bearing, designed to handle axial grinder pump thrust loads. Both bearings shall be
permanently lubricated by the oil, which fills the motor housing. The bearing system shall be designed to enable proper cutter alignment from
shut off head to maximum load at 10' of TDH. The motor shaft shall be made of 300 or 400 series stainless steel and have a minimum
diameter of .670".
7.01 SEALS
The pump shall have a dual seal arrangement consisting of a lower and upper seal to protect the motor from the pumping liquid. The lower
seal shall be a elastomeric rubber molded double lip seal, designed to exclude foreign material away from the main upper seal. The upper
seal shall be a unitized silicon carbide hard face seal with stainless steel housings and spring equal to Crane Type T-6a. The motor plate /
housing interface shall be sealed with a Buri o-ring.
8.01 IMPELLER
The impeller shall be a investment cast stainless steel impeller, with pump out vanes on the back shroud to keep debris away from the seal
area. it shall be keyed and bolted to the motor shaft.
9.01 CUTTER MECHANISM
The cutter and plate shall consist of 440 stainless steel with a Rockwell C hardness of 55-60. The stationary cutter plate shall have specially
designed orifices through it, which enable the slurry to flow through the pump housing at an equalized pressure and velocity. The stationary
cutter plate shall consist of V shapes to maximize cutting action and arc shape exclusion slots to outwardly eject debris from under the rotary
cutter. The rotary cutter shall have (4) blades and be designed with a recessed area behind the cutting edge to prevent the accumulation and
binding of any material between rotary cutter and the stationary cutter plate. The cutting system must incorporate close tolerances for
optimum performance. Ring or radial cutters, or those that grind on the outside circumference of shall not be considered equal.
LSG200 P6 RI0/I I2014 §'iCopynght 2014 Liberty Pumps Inc. All rights rcscrved. Specifications subject to chengc without notice.
Pumps

10.01 CONTROLS
All single phase units (excluding external cap models) can be supplied with CSA and UL approved automatic wide angle tilt float switches.
The switches shall be equipped with piggy back style plug that allows the pump to be operated manually without the removal of the pump in
the event that a switch becomes inoperable. Manual Pumps are operable by means of a pump control panel.
11.01 PAINT
The exterior of the casting shall be protected with Powder Coat paint.
12.01 SUPPORT
The pump shall have cast iron support legs, enabling it to be a free standing unit. The legs will be high enough to allow solids and long stringy
debris to enter the cutter assembly.
13.01 SERVICEABILTY
Components required for the repair of the pump shall be shipped within a period of 24 hours.
14.01 FACTORY ASSEMBLED TANK SYSTEMS WITH GUIDE RAIL AND QUICK DISCONNECT DISCHARGE
Guide factory mounted rail system with pump suspended by means of bolt on quick disconnect which is sealed by means of nitrile
grommets. The Discharge piping shall be schedule 80 PVC and furnished with a PVC shut-off ball valve. The Tank shall be wound fiberglass
or roto-molded plastic. A cast iron inlet hub shall be provided with the fiberglass systems.
Stainless steel Guide Rail
Zinc plated steel Guide Rail
__. "diameter of basin size
"height of basin size
"distance from top of tank to discharge pipe outlet
Fiberglass cover
Structural foam polymer cover
Steel cover
Simplex System with Outdoor panel and alarm
Duplex System with Outdoor panel and alarm
Separate Outdoor Alarm
Remote Outdoor Alarm
15.01 TESTING
The pump shall have a ground continuity check and the motor chamber shall be Hi -potted to test for electrical integrity, moisture content and
insulation defects. The motor and volute housing shall be pressurized, and an air leak decay test is performed to ensure integrity of the motor
housing. The pump shall be run, voltage current monitored, and the tester checks for noise or other malfunction.
16.01 QUALITY CONTROL
The pump shall be manufactured in an ISO 9001 certified Facility.
17.01 WARRANTY
Standard limited warranty shall be 3 years.
LSG200 P] RI0/I/2014 rdCopyright 2014 Liberty Pumps Inc. All rights reserved. Specifications subject to change without notice.
Pumps

H1111tehl 0
SIZE 1/2" 3/4' 1"
ID 0.622 0.824 1.049
FRICTION LOSS CHARACTERISTICS
POLYETHYLENE (PE)
SDR-PRESSURE RATED TUBE
(2306, 3206, 3306) SDR 7, 9, 11.5, 15 C = 140
PSI loss per 100 feet of tube (PSI/100 FT)
Sizes 1/2" thru 6"
Flow GPM 1 thru 600
1 1/4" 2" 2 1/2" 3" 4" 6" SIZE
1.380 2.067 2.469 3.068 4.026 6.065 ID
=N
N�
lhi
Oy �N
JLL Np
Oy =N
JSN�
Oy
CNQ
Oy-N
JSN�
Oy�N
C N�
OH
JC:
GJ
7,LL 1J
�LL GJ
�W p:J
jY: O.J
�LL 1...1
�LL GJ
SY: GJ
LLU'
1
1.05
0.49
0.60
0.12
0.37
0.04
0.21
0.01
0.15
0.00
0.09
0.00
1
2
2.10
1.76
1.20
0.45
0.74
0.14
0.42
0.04
0.31
0.02
0.19
0.01
2
3
3.16
3.73
1.80
0.95
1.11
0.29
0.64
0.08
0.47
0.04
0.28
0.01
0.20
0.00
3
4
4.21
6.35
2.40
1.62
1.48
0.50
0.85
0.13
0.62
0.06
0.38
0.02
0.26
0.01
4
5
5.27
9.60
3.00
2.44
1.85
0.76
1.07
0.20
0.78
0.09
0.47
0.03
0.33
0.01
0.21
0.00
5
6
6.3213.46
3.60
3.43
2.22
1.06
1.28
0.28
0.94
0.13
0.57
0.04
0.40
0.02
0.26
0.01
6
7
7.3817.91
4.20
4.56
2.59
1.41
1.49
0.37
1.10
0.18
0.66
0.05
0.46
0.02
0.30
0.01
7
8
8.43
22.93
4.80
5.841
2.96
1.80
1.71
0.47
1.25
0.22
0.76
0.07
0.53
0.03
0.34
0.01
8
9
9.49
28.52
5.40
7.261
3.33
2.24
1.92
0.59
1.41
0.28
0.85
0.08
0.60
0.03
0.39
0.01
9
10
10.54
34.67
6.00
8.821
3.70
2.73
2.14
0.72
1.57
0.95
0.66
0.04
0.431
0.01
10
11
11.60
41.36
6.00
10.53
4.07
3.25
2.35
0.86
1.73
0.40
1.05
0.12
0.73
0.05
0.47
0.02
0.27
0.00
11
12
12.65
48.60
7.21
12.37
4.44
3.82
2.57
1.01
1.88
0.48
1.14
0.14
0.80
0.06
0.52
0.02
0.30
0.01
12
14
14.76
64.65
8.41
16.46
5.19
5.08
2.99
1.34
2.20
0.63
1.33
0.19
0.93
0.08
0.60
0.03
0.35
0.01
14
16
16.87
82.79
9.61
21.07
5.93
6.51
3.42
1.71
2.51
0.81
1.52
0.24
1.07
0.10
0.69
0.04
0.40
0.01
16
18
18.98
02.97
10.81
26.21
6.67
8.10
3.85
2.13
2.83
1.011
1.71
0.30
ii 1.20
0.13
0.78
0.04
0.45
0.01
18
20
12.01
31.86
7.41
9.84
4.28
2.59
3.14
=
1.90
1.33
0.15
0.86
0.05
0.50
0.01
20
22
13.21
38.01
8.15
11.74
4.71
3.09
3.46
1.46
2.10
0.43
1.47
0.18
0.95
0.06
0.55
0.02
22
24
14.42
44.65
8.89
13.79
5.14
3.63
3.77
1.72
2.29
0.51
1.60
0.21
1.04
0.07
0.60
0.02
24
26
15.62
41.79
9.64
16.00
5.57
4.21
4.09
1.99
2.48
0.59
1.74
0.25
1.12
0.09
0.65
0.02
26
28
16.82
59.41
10.38
18.35
5.99
4.83
4.40
2.28
2.67
0.68
1.87
0.29
1.21
0.10
0.70
0.03
28
30
18.02
67.50
11.12
20.85
6.42
6.49
4.72
=
2.86
0.77
2.00
0.32
1.30
0.11
0.75
0.03
0.33
0.00
30
35
12.97
27.74
7.49
7.31
5.50
3.45
3.34
1.02
2.34
0.43
1.51
0.15
0.68
0.04
0.38
0.01
35
40
14.83
35.53
8.56
9.36
6.29
3.81
1.31
2.67
0.55
1.73
0.19
1.00
0.05
0.44
0.01
40
_
45
16.68
44.19
9.64
11.64
7.08
5.50
4.29
1.63
3.01
0.69
1.95
0.24
1.13
0.06
0.49
0.01
45
50.
_
18.53
53.71
10.71
14.14
7.87
=
4.77
1.98
3.34
0.83
2.16
0.29
1.25
0.08
0.55
0.01
50
55
11.7816.87
8.65
7.97
5.25
2.36
3.68
1.00
2.38
0.35
1.38
0.09
0.61
0.01
55
lam/
12.85
19.82
9.44
5.72
2.78
4.01
1.17
2.60
0.41
1.51
0.11
0.66
0.01
60
65
13.92
22.99
10.231
10.86
6.20
3.22
4.35
1.36
2.81
0.47
1.63
0.13
0.72
0.02
65
70.
14.99
26.37
11.01
6.68
3.69
4.68
1.56
3.03
0.54
1.76
0.14
0.77
0.02
70
MW
75
16.06
29.97
11.80114.161
7.16
4.20
5.01
1.77
3.25
0.61
1.88
0.16
0.83
0.02
75
80
17.13
33.77
12.59
M
7.63
(4.73
5.35
1.99
3.46
0.69
2.01
0.18
0.88
0.03
80
85
1821
37.79
13.3717.85
8.11
5.29
5.68
2.23
3.68
0.77
2.13
0.21
0.94
0.03
85
90
19.28
42.01
14.16
8.59
5.88
6.02
2.48
3.90
0.86
2.26
0.23
0.99
0.03
90
=
95
14.95
21.93
9.07
6.50
6.35
2.741
4.11
0.95
2.39
0.25
1.05
0.03
95
100
15.74
9.54
7.15
6.69
3.011
4.33
1.05
2.51
0.28
1.10
0.04
100
110
17.31
28.7710.50
8.53
7.36
3.59
4.76
1.25
2.76
0.33
1.22
0.05
110
120
18.88
33.80
11.45
10.02
8.03
4.22
5.20
1.47
3.02
0.39
1.33
0.05
120
130
12.41
11.62
8.70
4.90
5.63
1.70
3.27
0.45
1.44
0.06
130
140
13.3613.33
9.37
6.62
6.06
1.95
3.52
0.52
1.55
0.07
140
150
14.32
15.15
10.03
6.38
6.50
2.22
3.77
0.59
1.66
0.08
150
160
15.27
17.08
10.70
7.19
6.93
2.50
4.02
0.67
1.77
0.09
160
170
16.23
19.11
11.37
8.05
7.36
2.80
4.27
0.75
1.88
0.10
170
180
17.18
21.24
12.04
8.95
7.08
3.11
4.53
0.83
1.99
0.11
180
190
18.14
23.48
12.71
9.89
8.23
3.44
4.78
0.92
2.10
0.12
190
200
19.09
25.81
13.38
10.87
8.66
3.78
5.03
1.01
2.21
0.14
200
225
15.05
13.52
9.75
4.70
5.66
1.25
2.49
0.17
225
250
16.73
16.4410.83
5.71
6.29
1.52
2.77
0.21
250
275
18.40
19.61
11.92
6.82
6.92
1.82
3.05
0.25
275
300
13.00
8.01
7.55
2.13
3.32
0.29
300
325
14.08
9.29
8.18
2.48
3.60
0.34
325
350
15.1710.65
8.81
2.84
3.88
0.39
MO
375
16.25
12.10
9.43
3.23
4.15
0.44
375
400
17.33
13.6410.06
3.64
4.43
0.50
400
425
18.42
15.2610.69
4.07
4.71
0.55
425
450
19.5016.97
11.32
4.52
4.99
0.62
450
475
11.95
5.00
5.26
0.68
475
500
T
12.58
5.50
5.54
0.75
500
550
13.84
6.56
6.10
0.89
550
600
15.10
7.70
6.65
1.05
600
Note: Shaded areas of chart indicate velocities over 5' per second. Use with Caution.
7

15A NCAC 02T .0114 WASTEWATER DESIGN FLOW RATES
(a) This Rule shall be used to determine wastewater flow rates for all systems covered by this Subchapter unless alternate
criteria are provided by a program specific rule and for flow used for the purposes of 15A NCAC 02H .0105. These are
minimum design daily flow rates for normal use and occupancy situations. Higher flow rates may be required where
usage and occupancy are atypical, including, those in Paragraph (e) of this Rule. Wastewater flow calculations must take
hours of operation and anticipated maximum occupancies/usage into account when calculating peak flows for design.
(b) In determining the volume of sewage from dwelling units, the flow rate shall be 120 gallons per day per bedroom.
The minimum volume of sewage from each dwelling unit shall be 240 gallons per day and each additional bedroom
above two bedrooms shall increase the volume by 120 gallons per day. Each bedroom or any other room or addition that
can reasonably be expected to fimction as a bedroom shall be considered a bedroom for design purposes. When the
occupancy of a dwelling unit exceeds two persons per bedroom, the volume of sewage shall be determined by the
maximum occupancy at a rate of 60 gallons per person per day.
(c) The following table shall be used to determine the minimum allowable design daily flow of wastewater facilities.
Design flow rates for establishments not identified below shall be determined using available flow data, water -using
fixtures, occupancy or operation patterns, and other measured data.
Type of Establishments
Daily Flow For Design
Barber and beauty shops
Barber Shops
50 gal/chair
Beauty Shops
125 gal/booth or bowl
Businesses, offices and factories
General business and office facilities
25 gal/employee/shift
Factories, excluding industrial waste
25 gal/employee/shift
Factories or businesses with showers or food preparation
35 gal/employee/shift
Warehouse
100 gal/loading bay
Warehouse — self storage (not including caretaker residence)
1 gal/unit
Churches
Churches without kitchens, day care or camps
3 gal/seat
Churches with kitchen
5 gal/seat
Churches providing day care or camps
25 gal/person (child & employee)
Fire, rescue and emergency response facilities
Fire or rescue stations without on site staff
25 gal/person
Fire or rescue stations with on -site staff
50 gal/person/shift
Food and drink facilities
Banquet, dining hall
30 gal/seat
Bars, cocktail lounges
20 gal/seat
Caterers
50 gal/100 sq ft floor space
Restaurant, full Service
40 gal/seat
Restaurant, single service articles
20 gal/scat
Restaurant, drive-in
50 gal/car space
Restaurant, carry out only
50 gal/100 sq ft floor space
Institutions, dining halls
5 gaVmeal
Deli
40 gal/100 sq ft floor space
Bakery
10 gal/100 sq ft floor space
Meat department, butcher shop or fish market
75 gal/100 sq ft floor space
Specialty food stand or kiosk
50 gal/100 sq ft floor space
Hotels and Motels
Hotels, motels and bed & breakfast facilities,
without in -room cooking facilities
120 gal/room
Hotels and motels, with in -room cooking facilities
175 gal/room
Resort hotels
200 gal/room
Cottages, cabins
200 gal/unit
Self service laundry facilities
500 gal/machine
Medical, dental, veterinary facilities
Medical or dental offices
250 gal/practitioner/shift