HomeMy WebLinkAboutWQ0040335_Application (FTSE)_20181010APPLICANT
Cedarwood Pointe, LP
T. Kevin Connelly
125 Old Chapin Road
Lexington, SC 29072
803-798-0572
PROJECT LOCATION
CEDARWOOD POINTE
FAST-TRACK APPLICATION
COVER LETTER
UDP PROJECT NO: 17-084
ENGINEER
Urban Design Partners
Brian D. Smith, P.E.
1318-E6 Central Avenue
Charlotte, NC 28205
704-334-3303
704-334-3305 (fax)
RECEIVEDINCDENRIDWR
OCT 32018
WOROS
MOORESVILLE REGIONAL OFFICE
7730 Harrisburg Road, Charlotte, NC 28215
The site is located along Harrisburg Road (SR2805) about 3,600 feet north of Albemarle
Road (NC 24/27) in Charlotte NC.
PROJECT DESCRIPTION
Cedarwood Pointe, LP is constructing an apartment complex on a 7.89 -acre site after
parcel combination and right-of-way dedication. The site will be served by a private
sanitary sewer main that connects to a proposed public sewer system. The proposed
public sewer system connects to an existing public sewer system as an extension to that
system. The public sewer extension is being reviewed by Charlotte Water as a donated
project. The existing public sewer line runs through the rear of the site and is adopted by
Charlotte Water as a public main line. The project request flow acceptance through
Charlotte Water in the amount of 9,770 gallons per day and was accepted.
This project includes the installation of 406 -linear feet of 8 -inch PVC sanitary sewer line
and 5 manholes. See the attached utility plans.
State of North Carolina
Departmentof Environmental Quality
Division of Water Resources
~ 15A NCAC 02T.0300 — FAST TRACK SEWER SYSTEM EXTENSION APPLICATION
Division of Water Resources FTA 04-16 & SUPPORTING DOCUMENTATION
Application Number: O 5 (to be completed byDWR) At0elVED/NCDENR/DWR
All items must be completed or the application will be returned OCT 32018
I. APPLICANT INFORMATION: WORDS
I. Applicant's name: Cedarwood Pointe.LP (company, municipality, HOA, utility, etc.) MOORESVILLE: REOrIONAL OFFICE
2. Applicant type: ❑ Individual ❑ Corporation ® General Partnership ❑ Privately -Owned Public Utility
❑ Federal ❑ State/County ❑ Municipal ® Other
3. Signature authority's name: T. Kevin Connelly per 15A NCAC 02T .0106(b)
Title: Director
4. Applicant's mailing address: 125 Old Chapin Road
City: Lexington State: SC Zip: 29072-
5. Applicant's contact information:
Phone number: (803) 798-0572 Email Address: tWakonnellybuilders.com
M: 803.513.1056
II. PROJECT INFORMATION:
1. Project name: Cedarwood Pointe
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_22° Longitude: -80_68°
5. Parcel ID (if applicable): I11-143-03.04.05
(or Parcel ID to closest downstream sewer)
111. CONSULTANT INFORMATION:
1. Professional Engineer: Brian D. Smith License Number: 27890
Firm: Urban Design Partners
Mailing address: 1318-e6 Central Avenue
City: Charlotte State: NC Zip: 28205 -
Phone number: (704) 334-3303 Email Address: briatl@urbandesijztipartiiers.com
IV. WASTEWATER TREATMENT FACILITY (WWTF) INFORMATION:
1. Facility Name: Rocky River Permit Number: NCO036269
Owner Name: WSACC Cabarets County
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 Pagel of5
VI. GENERAL REQUIREMENTS
I . 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: 100 % Domestic/Commercial % Commercial
_ % Industrial (See 15A NCAC 02T.01 03(20
L---* Is there a Pretreatment Program in effect? ❑ Yes ❑ No
6. Hasa flow reduction been approved under 15A NCAC 02T.01 14(f)? ®Yes ❑ No
Y If yes, provide a copy of flow reduction approval letter
7. Summarize wastewater generated by project:
Establishment Type (see 02T.01 14(f)
Daily Design Flow'"
No. of Units
Flow
Apartments
135 gal/day/unit
72
9720 GPD
Office
25 gal/day/employee
2
50 GPD
gal/
GPD
gal/
GPD
gal/
GPD
gal/
GPD
Total
9770 GPD
a See 15A NCAC 02T .0114(b). (d). (e)(1) and (e)(2) for caveats to wastewater design flow rates (i.e., minimum flow per
dwelling; proposed unknown non-residential development uses; public access facilities located near high public use
areas; and residential property located south or east of the Atlantic Intracoastal Waterway to be used as vacation rentals
as defined in G.S. 42A-4).
b Per 15A NCAC 02T .0114(c), design flow rates for establishments not identified [in table 15A NCAC 02T,01141 shall
be determined using available flow data, water using fixtures, occupancy or operation patterns, and other measured data.
8. Wastewater generated by project: 9 770 GPD (per ISA NCAC 02T.01 14)
Y 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
8 406 PVC
Y 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
I . Pump station number or name:
2. Approximate Coordinates (Decimal Degrees): Latitude: Longitude: -_
3. Design flow of the pump station: millions gallons per day (firm capacity)
4. Operational point(s) of the pump(s): gallons per minute at feet total dynamic head (TDH)
5. Summarize the force main to be permitted (for this Pump Station):
Size (inches) Length (feet) Material
6. Power reliability in accordance with 15A NCAC 02T .0305(h)(1):
❑ Standby power source or pump with automatic activation and telemetry - 15A NCAC 02T .0305(h)(1)(13):
Y 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):
)o 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.
Y if the portable power source or pump is dedicated to multiple pomp 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(0):
I. Does the project comply with all separations found in 15A NCAC 02T .0305(f) & (g)
➢ 15A NCAC 02T.0305(f) contains minimum separations that shall be provided for sewer systems:
® Yes ❑ No
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 -1 waters of Class I or
Class II impounded reservoirs used as a source of drinking water
100 feet
**Waters classified WS (except WS -1 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(f) cannot be achieved.
➢ **Stream classifications can be identified using the Division's NC Surface Water Classifications webpage
➢ If noncompliance with 02T.0305(f) or (g), see Section X of this application
2. Does the project comply with separation requirements for wetlands? (50 feet of separation) ® Yes [:]No
Y See the Division's draft separation requirements for situations where separation cannot be meet
➢ No variance is required if the alternative design criteria specified is utilized in design and construction
➢ As built documents should reference the location of areas effected
3. Does the project comply with all setbacks found in the river basin rules per 15A NCAC 02B .02009 ® Yes ❑ No
➢ This would include Trout Buffered Streams per 15A NCAC 2B.0202
4. Does the project comply with an individual 404 Permit or any 401 Certifications? ® Yes [-]No
➢ Wetland -related permits shall be requested, obtained, and adhered to for projects that impact wetlands or surface waters
➢ Information can be obtained from the 401 & Buffer Permitting Branch
5. Does project comply with 15A NCAC 02T.0105(c)(6) (additional permits/certifications)?
® Yes ❑ No
Per 15A NCAC 02T.0105(c)(6), directly related environmental permits or certification applications are being prepared, have
been applied for, or have been obtained. Issuance of this permit is contingent on issuance of dependent permits (erosion and
sedimentation control plans, stormwater management plans, etc.).
6. Does this project include any sewer collection lines that arc deemed "high-priority?"
Per 15A NCAC 02T.0402, "high-priority sewer" means "any aerial sewer, sewer contacting surface waters, siphon, or sewer
positioned parallel to streambanks that is subject to erosion that undermines or deteriorates the sewer.
[-]Yes ® No
➢ 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 Perm» ttimi 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 reauired prior to submittal of the Fast Track Application and sunnortine
documents.
2. Professional Engineer's Certification:
Brian D Smith, PE attest that this application fol
(Professional Engineer's name from Application Item III.I.)
Cedarwood Pointe
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. 1 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 143-2I5.6A 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.
North Carolina Professional Engineer's seal, signature, and date:
3. Applicant's Certification per 15A NCAC 02T 106(b):
that this application for
(Signature Authority's name & titlefrptfi r> pplication Item I.T.)
Cedarwood Pointe �6
has been reviewed by me and is accurate and complete to the best of my knowledge. 1 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. 1 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 notto exceed $10,000 as well as civil penalties up to $25,000 per violation.
Date: ? - / i —
FORM: FTA 04-16 Page 5 of 5
CHARLOTTE
W16TE R
May 31, 2018
Mr. Matthew Dent
Urban Design Partners
1318-e6 Central Avenue
Charlotte, NC 28205
SUBJECT: WATER AND SEWER FLOW ACCEPTANCE
CEDARWOOD POINTE
7701 HARRISBURG ROAD, CHARLOTTE NC
CLTWATER TRACKING # 2018499
After analysis of the sanitary sewer associated with the proposed design of project, Cedarwood
Pointe, it was determined that there is sufficient capacity to accommodate the proposed sewer flow
of 9, 770 gallons per day (72 apartment units x 135 gpd/unit; 2 employees x 25 gpd/employee) at the
connection point(s) indicated on the submitted utility plan for transmission to the Rocky River
Wastewater Treatment Plant; NPDES permit number NC0036269, located in Cabarrus County, for
treatment. This acceptance of flow is based on the existing capacity of the designated publicly
owned treatments works. Please see the attached NCDEQ FTSE forms.
CLTWater agrees to furnish water to the subject project. The water quality to the subject project is
regulated by the State Drinking Water Act Amendments of 1986 and The Water Supply Management
Plan, PWS ID # 0160010 on file with the Public Water Supply Section of NCDEQ. However,
CLTWater cannot guarantee a constant pressure or quality of flow.
CLTWater does not expect any of the above conditions to preclude water or sewer service to the
subject site. However, the applicant should understand that due to the involvement of other agencies
and continuing growth of the water and sewer system, the ability to provide service for future
projects cannot be guaranteed nor reserved. Connection to the CLTWater and sewer system is
accepted on a first come, first served basis.
The applicant should understand that this letter is not authorization to construct or extend private
water or sewer systems, as the appropriate local or State permits are required prior to construction.
acceptance approval shall be rescinded and a new flow acceptance request must be made. If you
have any questions, please do not hesitate to contact Charlotte Water at (704) 432-2854.
Sincerely,
Barbara Gross
Engineering Assistant
Charlotte Water 5100 Brookshire Blvd, Charlotte, NC 28216 charlottewater.org
A Operated by the City of Charlotte
State of North Carolina
Department of Environment and Natural Resources
Division of Water Quality
Flow Tracking/Acceptance for Sewer Extension Permit Applications
(FTSE -10/07)
(JURISDICTION USE ONLY)
Jurisdiction Requesting Flow Acceptance for Collection System:
❑City of Concord ❑City of Kannapolis ❑Town of Harrisburg ❑Town of Mt. Pleasant
®Charlotte Water
Project Title, Description, and Number of Lots/Unit:
Project Title: Cedarwood Pointe, Proiect# 2015499
Description: The Cedarwood Pointe enizincering_plar
wastewater discharge of 9.770 GPD.
What is the quantity of flow that will be discharged? 9.770 GPD
Flow type:
® Domestic 100 % ❑ Commercial % ❑ Industrial %
Section I - List the Jurisdiction's pump stations located between the project connection point and the WSACC
Interceptor connection point.
Pump Station
(Name or Number)
Finn Capacity a
MGD
(A)
Design Avenge Daily Flow ""
(Fhm/pf)
-MGD
(B)
Approx. Current
Avenge Daily Flow
MCD
(C)
Obligated, Not Yet
Tributary Daily Flow
MGD
(D)=(B+C)
Total Cullen Flow
Plus Obligated Flow
MGD
(E)=(A-D)
Available
Capacity"-
MCD
" The Firm Capacity of any pump station is dented as the maximum pumped flow that can be achieved with the brgest pump taken out of service.
""Design Average Daily Flaw is the firm capacity of the pump station divided by a peaking factor not less than 2.5.
"""A Planning Assessment Addendum shall be attached for each pump station located bebveen the project connection point and the W WTP where Available Capacity is <0.
Section II. Jurisdiction's Certification Statement:
I, x°r' Cantrell, certify that, to the best of my knowledge, the addition of the volume of wastewater to be permitted in this
project has been evaluated along the route to the receiving WSACC interceptor; and the flow from this project is not
anticipated to cause any capacity related sanitary sewer overflows or overburden on any downstream pump station in route to
the receiving WSACC interceptor 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 Section I plus all attached
planning assessment addendums for which, to the best of my knowledge, will not adversely affect the downstream sewer
capacity. Signature of this f Fm indicates acceptance of this wastewater flow.
Official Signature
Revision Date: 08/09/13
Date
DWR
Division of Water Resources
(WSACC USE ONLY)
2018499)
State of North Carolina
Department of Environmental Quality
Division of Water Resources
Flow Tracking/Acceptance for Sewer Extension Applications
(FTSE —04/16)
Cedarwood Pointe (Charlotte Water Project No.
Section I. Name of wastewater treatment facility (W WTF) receiving wastewater:
® Rocky River Wastewater Treatment Facility — Permit #NC0036269
❑ Muddy Creek Wastewater Treatment Facility — Permit #NCO081621
WWTP facility's permitted flow, MGD 26.500
Estimated obligated flow not yet tributary to the W WTP, MGD 2.082
W WTP facility's actual avg. daily flow, MGD 17.040 (64.30% of permit)
Total flow for this specific request, MGD 0.010
Total actual and obligated flows to the facility, MGD 19.132
Percent of permitted flow used 72.20%
Section II. Pump stations along the route from the Jurisdiction's connection point to the W WTP.
Pump Station
(Name or Number)
Firm Capacity "
MGD
(A)
Design Average Daily Flow"
(FinNpo
MCD
(a)
Approx. Current
Average Daily Flow
h1GD
(C)
Obligated, Not Yet
Tributary Daily Flow
MCD
(D)' (D+C)
Total Current Flow
Plus Obligated Flow
MGD
(E)'(A•D)
Available
Capacity''"
MGD
Reedy Creek PS
16.500
6.600
1.506
0.286
1.792
4.808
Lower Rocky River PS
37.000
14.800
8.290
1.623
9.913
4.887
• The Firm Capacity of any pump station is defined as the maximum pumped Dow that can be achieved with the largest pump taken out of service.
'"Design Average Daily Flow is the Firm capacity of the pump station divided by a peaking factor not least than 2.5.
•"'A Planning Assessment Addendum shall be attached for each pump station located between the project connection point and the W WTP where Avallable Capacityis <0.
Section III. WSACC Certification Statement:
I, J. Thomas Hahn. PE, certify to the best of my knowledge that the addition of the volume of wastewater to be permitted
in this project has been evaluated along the route from the connection to the WSACC interceptor 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 Section I and Section 11 plus all attached planning
assessment addendums for which I am the responsible party. Signature of this form indicates acceptance of this
wastewater flow.
's Signing Oficial Signature
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STATE OF NORTH CAROLINA
COUNTY OF Mecklenburg Permit No. \I✓ 4 ° 0 cro S:3S
DEVELOPER'S OPERATIONAL AGREEMENT
This AGREEMENT made pursuant to G.S. 143-215.1 (dl) and entered into this day of
by and between the North Carolina Environmental Management
Commission, an agency of the State of North Carolina, hereinafter known as the COMMISSION; and
Cedarwood Pointe, LP , a corporation/general partnership registered/licensed to do
business in the State of North Carolina, hereinafter known as the DEVELOPER.
WITNESSETH:
The DEVELOPER is the owner of the certain lands lying in Mecklenburg County, upon
which it is erecting and will erect dwelling units and other improvements, said development to be known
as Cedarwood Pointe (hereinafter the Development).
The DEVELOPER desires, to construct a wastewater collection system with pumps, wastewater treatment
works, and/or disposal facilities (hereinafter Disposal System) to provide sanitary sewage disposal to serve
the Development on said lands.
3. The DEVELOPER has applied to the COMMISSION for the issuance of a permit pursuant to G.S. 143-
215.1 to construct, maintain, and operate the Disposal System.
4. The DEVELOPER has created or shall create unit ownership in said dwellings units, other improvements
and lands through filing of a Declaration of Unit Ownership (hereinafter Declaration), pursuant to Chapter
47C or 47F of the North Carolina General Statutes.
5. The DEVELOPER has caused to be formed or will cause to be formed at the time of filing of the
Declaration, the (Unit Owners' Association) (hereinafter
Association), a non-profit corporation organized and existing under and by the virtue of the laws of the State
of North Carolina, for the purpose, among others, of handling the property, affairs and business of the
Development; of operating, maintaining, re -constructing and repairing the common elements of the lands
and improvements subject to unit ownership, including the Disposal System; and of collecting dues and
assessments to provide funds for such operation, maintenance, re -construction and repair.
6. The COMMISSION desires to assure that the Disposal System of the Development is properly constructed,
maintained and operated in accordance with law and pennit provisions in order to protect the quality of the
waters of the State and the public interest therein.
NOW, THEREFORE, in consideration of the promises and the benefits to be derived by each of the parties
hereto, the COMMISSION and DEVELOPER do hereby mutually agree as follows:
I. The DEVELOPER shall construct the Disposal System in accordance with the permit and plans and
specifications hereafter issued and approved by the COMMISSION, and shall thereafter properly operate
and maintain such systems and facilities in accordance with applicable permit provisions andlaw.
2. The DEVELOPER shall not transfer ownership and/or control of the Disposal System to the Association
until construction has been completed in accordance with the permit and approved plans, and the staff of
the Division of Water Resources has inspected and approved of the facilities. In order to change the name
of the permit holder, the DEVELOPER must request that the permit be reissued to the Association. The
request must include a copy of the Association Bylaws andDeclaration.
3. The DEVELOPER shall not transfer, convey, assign or otherwise relinquish or release its responsibility for
the operation and maintenance of its Disposal System until a permit has been reissued to the DEVELOPER's
successor.
nnnx,r. r.ry i 1 11 n___ i _rn
4. The DEVELOPER shall provide in the Declaration and Association Bylaws that the Disposal System and
appurtenances thereto are part of the common elements and shall thereafter be properly maintained and
operated in conformity with law and the provisions of the permit for construction, operation, repair, and
maintenance of the system and facilities. The Declaration and Bylaws shall identify the entire wastewater
treatment, collection and disposal system as a common element which will receive the highest priority for
expenditures by the Association except for Federal, State, and local taxes and insurance.
5. The DEVELOPER shall provide in the Declaration and Association Bylaws that the Disposal System will
be maintained out of the common expenses. In order to assure that there shall be Rinds readily available to
repair, maintain or construct the Disposal System, beyond the routine operation and maintenance expenses,
the Declaration and Association Bylaws shall provide that a fund be created out of the common expenses.
Such fund shall be separate from the routine maintenance funds allocated for the facility and shall be part
of the yearly budget.
6. In the event the common expense allocation and separate fund are not adequate for the construction, repair,
and maintenance of the Disposal System, the Declaration and Association Bylaws shall provide for special
assessments to cover such necessary costs. There shall be no limit on the amount of such assessments, and
the Declaration and Bylaws shall provide that such special assessments can be made as necessary at any
time.
7. if a wastewater collection system and wastewater treatment and/or disposal facility provided by any city,
town, village, county, water and sewer authorities, or other unit of government shall hereinafter become
available to serve the Development, the DEVELOPER shall take such action as is necessary to cause the
existing and future wastewater of the Development to be accepted and discharged into said governmental
system, and shall convey or transfer as much of the Disposal System and such necessary easements as the
governmental unit mayrequire as condition of accepting the Development's wastewater.
8. Recognizing that it would be contrary to the public interest and to the public health, safety and welfare for
the Association to enter into voluntary dissolution without having made adequate provision for the continued
proper maintenance, repair and operation of its Disposal System, the DEVELOPER shall provide in the
Association Bylaws that the Association shall not enter into voluntary dissolution without first having
transferred its said system and facilities to some person, corporation or other entity acceptable to and
approved by the COMMISSION by the issuance of apermit.
9. The agreements set forth in numbered paragraphs 1, 2, 3, 4, 5, 6, 7, and 8 above shall be conditions of any
permit issued by the COMMISSION to the DEVELOPER for the construction, maintenance, repair and
operation of the Disposal System.
10. A copy of this agreement shall be filed at the Register of Deeds in the County(ies) where the Declaration is
filed and in the offices of the Secretary of State of North Carolina with the Articles of Incorporation of the
Association.
IN WITNESS WHEREOF, this agreement was executed in duplicate originals by the duly authorized
representative of the parties hereto on the day and year written as indicated by each of the parties named below;
FOR THE ENVIRONMENTAL
MANAGEMENT COMMISSION
Linda Culpepper
Interim Director, Division of Water Resources
Cedarwood Pointe, LP
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(Date)
North Carolina Secretary of State Search Results
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Limited Partnerships
Legal Name
Cedarwood Pointe, LP
Information
S os I d: 1622464
Status: Current -Active
Citizenship: Domestic
Date Formed: 9/6/2017
Registered Agnnt: Blanco Tackabery & Matamoros, P.A.
Addresses
Reg Office Reg Mailing
110 South Stratford Road -5th Floor P.O. Drawer 25008
Winston Salem, NC 27104 Winston-Salem, NC 27714
littl)s://www.sosnc.gov/online_services/search/BLIsiness_Registration_ResultS 10/3/2018
Central Files: APS _ SWP _
10/10/2018
Permit Number WQ0040335
Program Category
Non -discharge
Permit Type
Gravity Sewer Extension, Pump Stations, & Pressure Sewer Extensions
Primary Reviewer
barry.love
Coastal SWRuIe
Permitted Flow
9,770
Facility
Permit Tracking Slip
Status
Project Type
Active
New Project
Version
Permit Classification
1.00
Individual
Permit Contact Affiliation
Facility Name Major/Minor Region
Cedarwood Pointe Minor Mooresville
Location Address County
Mecklenburg
Facility Contact Affiliation
Owner
Owner Name Owner Type
Cedarwood Pointe LP Non -Government
Owner Affiliation
T Kevin Connelly
125 Old Chapin Rd
Dates/Events Lexington SC 29072
Scheduled
Orig Issue App Received Draft Initiated Issuance
Public Notice Issue Effective Expiration
10/8/2018 10/3/2018
10/10/2018 10/10/2018
Regulated Activities
Requested /Received Events
Apartment complex
Additional information requested
Office
Additional information received
Wastewater collection
Outfall
Waterbody Name Streamindex Number Current Class Subbasin