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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 M.Z6.[b A8 anhe3c m m m 696 Ms mm wa 9 1 °� U N • y 'o rn rn o � N a 9 1 °� U � o a m N Z � c "'t• ,�v m x qq i.n � .rr�Y���y rw. � t• � .� c N /rte717 /77� A I I I I 7• • ODl@�E OO6L�E OOLL�E OOSL�E OOFLWE N d 0 r W O A O Z U M20 To OOLl69E ti .� 4 r—od r W o� j �� 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 Nnmr nfT)PVFT .OPFR -zs -/e (Date) North Carolina Secretary of State Search Results Page 1 of 1 Upload a PDF Filing • Order a Document Online • Add Entity to My Email Notification List • View Filings 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