HomeMy WebLinkAboutWQ0040591_Application (FTSE)_20190220January 3, 2019
ENGINEER'S REPORT
Mount Harmony Townhomes
LDI Project No. 1017211
SEWER SYSTEM APPLICANT:
Century Communities Southeast, LLC
7400 Carmel Executive Park Drive, Suite 205
Charlotte, NC 28226
DEVELOPER:
Century Communities Southeast, LLC
7400 Carmel Executive Park Drive, Suite 205
Charlotte, NC 28226
DESCRIPTION:
tt EC E I V E DIN C D E N RI D W R
.JAN 2 2 2019
WOROS
MOORESVILLE RFGIONAL. OFFICE
The site consists of approximately 16.69 acres. The property is zoned R -VS and R-15 (CD) and
will consist of 123 Single -Family attached (townhome) lots. We are proposing to install
approximately 1430 LF of 8" private PVC sewer main to tie into a public system. Flows from
the project will be sent to the McAlpine Creek Wastewater Treatment Plant (NPDES permit
number NC0024970).
SEWER SYSTEM IMPROVEMENTS:
The proposed demand for this site will be approximately 17,480 gallons per day. The demand is
based on 92 Single -Family units at 190 gallons per day/unit. New mains are expected to have a
minimum 50 -year service life. The system will be constructed by the Developer per Charlotte
Water Standards and Specifications and services will be billed by the City of Charlotte in
accordance with their standard rate schedule.
NJ_2017110172T11DOCSIPERMITTINGIPERMIT FORMS\PRIVATE SEWERU017211 • ENGINEERS REPORT DOC
LANDDESIGN, INC.
State of North Carolina
Department of Environmental Quality
Division of Water Resources
15A NCAC 02T.0300 — FAST TRACK SEWER SYSTEM EXTENSION APPLICATION
Dlvlslon of Water Resources FTA 04-16 & SUPPORTING DOCUMENTATION
Application Number: v�lNt J (to be completed byDWR) JAN 2 2 ?71
9
All items must be completed or the application will be returned WOROS
MOORESVILLE RFGIONAI OFFICE
I. APPLICANT INFORMATION:
1. Applicant's name: Century Communities Southeast, LI, (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: Andrew Rouzer per ISA NCAC 02T.0106(b)
Title: Vice President of Land Acquisitions
4. Applicant's mailing address: 7400 Carmel Executive Park Drive, Suite 205
City: Charlotte State: NC Zip: 28226-8415
5. Applicant's contact information:
Phone number: (704) 912-1374 Email Address: Andrew.Rouzerncctiturycommunities.com
11. PROJECT INFORMATION:
1. Project name: Mount Ilarmony Townhomes
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: 35.1107° Longitude: -80.6832°
5. Parcel ID (if applicable): 21509302, 21509303, 21509304, 21509305, 21509306.21509307
(or Parcel ID to closest downstream sewer)
111. CONSULTANT INFORMATION:
1. Professional Engineer: Frank McMahan License Number: 037773
Firm: LandDesign Inc.
Mailing address: 223 N Graham St.
City: Charlotte State: NC Zip: 28202-1431
Phone number: (704) 333-0325 Email Address: fitiemahatiolanddesign cont
IV. WASTEWATER TREATMENT FACILITY (WWTF) INFORMATION:
1. Facility Name: McAlpine Creek Permit Number: NCO024970
Owner Name: Charlotte Water
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 I of
RECEIVED/NCDENR/DWR
FFR 12 ?019
VI. GENERAL REQUIREMENTS WOROS
1. If the Applicant is a Privately -Owned Public Utility, has a Certificate of Public Conveniieencce UY'YeMs i}1SWO&99?
❑ 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.0103(20))
L ---)-Is there a Pretreatment Program in effect? ❑ Yes ❑ No
6. Has a flow reduction been approved under 15A NCAC 02T.01 14(f)? ❑ Yes ® No
➢ If Yes, provide a copy of flow reduction approval letter
7. Summarize wastewater generated by project:
Establishment Type (see 02T.0114(fl)
Daily Design Flow''"
No. of Units
Flow
Single -Family Attached Lots (Townhomes)
190 gal/clay
123
23,370 GPD
gal/
GPD
gal/
GPD
gal/
GPD
gal/
GPD
gal/
GPD
Total
23,370 GPD
a See 15A NCAC 02T .01 14(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: 23370 GPD (per 15A NCAC 02T.01 14)
➢ 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
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Page 2 of 5
VIL GRAVITY SEWER DESIGN CRITERIA (If Applicable) - 02T.030 & MDC (Gravity Sewei:c):
1. Summarize gravity sewer to be permitted:
Size (inches) Length (feet) Material
S" 1430 PVC
➢ Section lI & 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
VII. 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: 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 - ISA 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)(I )(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(Q):
I. Does the project comply with all separations found in 15A NCAC 02T 0305(f) & (k)
➢ 15A NCAC 02T.0305(0 contains minimum separations that shall be provided 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 It 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 1X.2)
50 feet
**Any other stream, lake, impoundment, or ground water lowering and surface drainage
ditches
10 feel
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
Y 15A NCAC 027':0305(&,) contains alternatives where separations in O2T.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 (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
See the Division's draft separation requirements for situations where separation cannot be meet
D 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 0213.0200? ❑ Yes ❑ No ® N/A
➢ This would include Trout Buffered Streams per 15A NCAC 2B.0202
4. Does the project require coverage/authorization under a 404 Nationwide or ❑ Yes ® No
individual permits or 401 Water Quality Certifications?
➢ Information can be obtained from the 401 & Buffer Permitting Branch
5. Does project comply with 15A NCAC 02T.0105(c)(6) (additional permits/certifications)? ® Yes ® No
Per 15A NCAC 02T.0105(c)(6), directly related environmental permits or certification applications are being prepared, have
been applied for, or have been obtained. Issuance of this permit is contingent on issuance of dependent permits (erosion and
sedimentation control plans, stonnwater management plans, etc.).
6. Does this project include any sewer collection lines that are deemed "high-priority?"
Per 15A NCAC 02T.0402. "high-priority sewer" means "any aerial sewer, sewer contacting surface waters, siphon, or sewer
positioned parallel to streambanks that is subject to erosion that undermines or deteriorates the sewer.
❑ Yes ® No ® N/A
➢ If yes, include an attachment with details for each line, including type (aerial line, size, material, and location).
High priority lines shall be inspected by the permittee or its representative at least once every six -months and inspections
documented per 15A NCAC 02T.0403(a)(5) or the permitee's individual System -Wide Collection permit.
FORM: FTA 04-16 Page 4 of 5
X. CERTIFICATIONS:
I. 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/Altemative Design Request application (VADC 10-14) and supporting documents for
review. Approval of the request is required Prior to subin it(of of the Fast Track Application and supporting documents.
2. Professional Engineer's Certification:
McMahan
name from Application Item III.].)
attest that this application for
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
havejudged it to be consistent with the proposed design.
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.
North Carolina Professional Engineer's seal, signature, and date:
3. Applicant's Certification per 15A NCAC 02T .0106(b):
t?lii3
•.Finn;l�!r?'.TQC_
IC7>_
/„1_7
Andrew Rouzer 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: Date: I �^
FORM: FTA 04-16 Page 5 of 5
RECEIVEDINCDENRIDWR
FEB 12 2019
State of North Carolina
R WQRos Department of Environmental Quality
MOORESVIL.LE REGIONAL OFFICE Division of Water Resources
WOZ �y� g�� Flow Tracking for Sewer Extension Applications
(FTSE 10-18)
Entity Requesting Allocation:
LandDesign, Inc.
Project Name for which flow is being requested: Mt. Harmony Townhomes
More than one FTSE maybe required for a single project if the owner of the W{V7'P is not responsible for ali pump
stations along the route of the proposed wastewaterflow.
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 #: Nco024970, Nco024945, NCO024937
A11 flows are in MGD
c. WWTP facility's permitted flow
d. Estimated obligated flow not yet tributary to the WWTP
e. WWTP facility's actual avg. flow
f Total flow for this specific request
g. Total actual and obligated flows to the facility
It. Percent of permitted flow used
99.0
12.705
69.192
0.02337
91.92
92.7%
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:
(C)
(D)=(B+C)
(E)=(A-D)
(A)
(B)
Not Yet
Total Current
Design
Tributary
Pump
Pump
Daily Flow,
Average
Approx.
Station
Station
Firm
Daily Flow**
Current
(Name or
Permit
Capacity, *
(Firm / pf),
Avg. Daily
Number)
No.
MGD
MGD
Flow, MGD
Crooked Creek
1.094
0.438
0.109
(C)
(D)=(B+C)
(E)=(A-D)
Obligated,
Not Yet
Total Current
Tributary
Flow Plus
Daily Flow,
Obligated
Available
MGD
Flow
Capacity***
0.027
0.136
0.302
* The Firm Capacity (design flow) of any pump station is defined as the maximum pumped flow
that can be achieved with the largest pump taken out of service.
** Design Average Daily Flow is the firm capacity of the pump station divided by a peaking factor
(pf) not less than 2.5, per Section 2.02(A)(4)(c) of the Minimum Design Criteria.
*** 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): 1-485 & Independence Boulevard
Downstream Permit Number: WQ0010280
Page 1 of 6
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fW0EIV5D/NCDENR/DW R
FEB 12 2,919
111. Certification Statement: WQROS
1-100RESVILLEREGIONALOFFICE
Keri Cantrell
i 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 certifies that the receiving
collection system or treatment works has adequate capacity to transport and treat the proposed new
wastewater.
KA., 2/12/2019
Signing Official Signature
Chief Engineer
Title of Signing Official
Page 2 of 6
Date
CTO❑ IA IV
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CHARLOTTE
Wt)T E R
November 29, 2017
Ms. Nikki Curley
LandDesign, Inc.
223 N Graham St
Charlotte, NC 28202
SUBJECT: WATER AND SEWER FLOW ACCEPTANCE
MT. HARMONY TOWNHOMES
2115 STEVENS MILL ROAD, MATTHEWS NC
CLTWATER TRACKING# 20171744
After analysis of the sanitary sewer associated with the proposed project, Mt. Harmony Townhomes,
it was determined that there is sufficient capacity to accommodate the proposed sewer flow of
26,790 gallons per day (141 units x 190 gpd/unit) at the connection point(s) indicated on the
submitted utility plan for transmission to the McAlpine Creek Wastewater Treatment Plant; NPDES
permit number NC0024970, for treatment. This acceptance of flow is based upon the existing
capacity of the designated publicly owned treatments works. Please see attached NC DEQ FTSE
form.
Charlotte Water (CLTWater) agrees to furnish water to the subject project. The water quality to the
subject project is regulated by the State Drinking Water Act Amendments of 1986 and The Water
Supply Management Plan, PWS ID # 0160010 on file with the Public Water Supply Section of
NCDEQ. However, CLTWater cannot guarantee a constant pressure or quality of flow.
The applicant should understand that due to the involvement of other agencies and continuing
growth of the water 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.
If the appropriate authorization to construct permits are not obtained and construction has not
started within one (1) year of issuance of this flow acceptance and moment for any service
connections have not been received within (1) year of issuance of this flow acceptance letter, this
flow acceptance approval shall be rescinded and anew flow acceptance request must be made. If
you have any questions, please do not hesitate to contact me at (704) 432-5801.
Sincerely,
Barbara Gross
Engineering Assistant
Charlotte Water 5100 Brookshire Blvd, Charlotte, NC 28216 charlottewater.org
Operated by the City of Charlotte
CHARLOTTE
W()T E R
June 4, 2018
Beginning 2009, Charlotte Water implemented a Capacity Assurance Program (CAP). This
Program evaluates the impact of new development as well as redevelopment on our sanitary
sewer system. Our engineers review the capacity of our system from point of connection through
the local gravity system, through trunk lines and eventually to our wastewater treatment plants.
Once a review is completed and a sanitary sewer connection is approved, sanitary sewer capacity
is reserved up to 12 -months or when the connection/tapping fee was paid (whichever is sooner).
Over the past year, Charlotte Water has received input from the development community on how
to improve our Program and better align with the development time frame from conception to
completion.
Charlotte Water will now be reserving capacity for approved connections/applications for
24 -months. This 24 -month reservation is effective for approvals provided on or after
1/1/2017. There will be no expiring capacity reservations for 2018.
The extension is automatic; applicants with expirations originally dated for 2018 will receive an
automatic 12 -month extension. If approval was granted in 2017, applicants need to have their tap
fees by their month date in their acceptance letter in 2019.
Reservation of sanitary sewer system capacity through the Charlotte Water's Capacity Assurance
Program is the responsibility of the customer/development. Contact the New Services Group at
(704) 432-5801 for further information on reserving capacity up to 24 months.
Charlotte Water encourages the development community to contact our staff to discuss potential
projects-- even as early as conception. If a development is not ready to reserve capacity, our
engineers can perform a similar review of our sanitary sewer system through our Willingness to
Serve applications. Our New Services Staff can assist and direct you through the appropriate
information requirements: (704) 432-5801.
Charlotte Water 5100 Brookshire Blvd, Charlotte, NC 28216 charlottewater.org
dill Operated by the City of Charlotte
STATE OF NORTH CAROLINA
COUNTYOF Mecklenburg PermitNo.
DEVELOPER'S OPERATIONAI, AGREEMENT
This AGREEMENT made pursuant to G.S. 143-215.1 (d 1) 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
Century Communities Southeast, LLC , 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 Mecklenbug County, upon
which it is erecting and will erect dwelling units and other improvements, said development to be known
as Mount Harmony Townhomes (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 Wnit Owners' Association) (hereinafter
Association), a non-profit corporation organized and existing under and by the virtue of the laws of the State
of North Carolina, for the purpose, among others, of handling the property, affairs and business of the
Development; of operating, maintaining, re -constructing and repairing the common elements of the lands
and improvements subject to unit ownership, including the Disposal System; and of collecting dues and
assessments to provide funds for such operation, maintenance, re -construction andrepair.
6. The COMMISSION desires to assure that the Disposal System of the Development is properly constructed,
maintained and operated in accordance with law and permit provisions in order to protect the quality of the
waters of the State and the public interest therein.
NOW, THEREFORE, in consideration of the promises and the benefits to be derived by each of the parties
hereto, the COMMISSION and DEVELOPER do hereby mutually agree as follows:
1. The DEVELOPER shall construct the Disposal System in accordance with the permit and plans and
specifications hereafter issued and approved by the COMMISSION, and shall thereafter properly operate
and maintain such systems and facilities in accordance with applicable permit provisions and law.
2. The DEVELOPER shall not transfer ownership and/or control of the Disposal System to the Association
until construction has been completed in accordance with the permit and approved plans, and the staff of
the Division of Water Resources has inspected and approved of the facilities. In order to change the name
of the permit holder, the DEVELOPER must request that the permit be reissued to the Association. The
request must include a copy of the Association Bylaws and Declaration.
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.
4. The DEVELOPER shall provide in the Declaration and Association Bylaws that the Disposal System and
appurtenances thereto are part of the common elements and shall thereafter be properly maintained and
operated in conformity with law and the provisions of the permit for construction, operation, repair, and
maintenance of the system and facilities. The Declaration and Bylaws shall identify the entire wastewater
treatment, collection and disposal system as a common element which will receive the highest priority for
expenditures by the Association except for Federal, State, and local taxes and insurance.
5. The DEVELOPER shall provide in the Declaration and Association Bylaws that the Disposal System will
be maintained out of the common expenses. In order to assure that there shall be funds readily available to
repair, maintain or construct the Disposal System, beyond the routine operation and maintenance expenses,
the Declaration and Association Bylaws shall provide that a fund be created out of the common expenses.
Such fund shall be separate from the routine maintenance funds allocated for the facility and shall be part
of the yearly budget.
6. In the event the common expense allocation and separate fund are not adequate for the construction, repair,
and maintenance of the Disposal System, the Declaration and Association Bylaws shall provide for special
assessments to cover such necessary costs. There shall be no limit on the amount of such assessments, and
the Declaration and Bylaws shall provide that such special assessments can be made as necessary at any
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
(Date)
Century Communities Southeast. LLC
Name ofD� i' '6
P�sft1
o
B:
(Signature)
NORFLO rZ
(a .e Leo AJ 0
Print Name and
Title
I-15-Iq
(Date)
North Carolina Secretary of State Search Results
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Limited Liability Company
Legal Name,
Century Communities Southeast, LLC
Information
Sosld: 1550222
Status: Current -Active
Annual Report Status: Current
Citizenship: Foreign
Date Formed: 10/18/2016
State of Incorporation:
CO
Registered Agent: National Registered Agents, Inc.
Addresses
Reg Office Reg Mailing Mailing
160 Mine Lake Ct Ste 200 160 Mine Lake Ct Ste 200 8390 E. Crescent Parkway, Suite 650
Raleigh, NC 27615-6417 Raleigh, NC 27615-6417 Greenwood Village, CO 80111
Principal Office
8390 E. Crescent Parkway, Suite 650
Greenwood Village, CO 80111
Company Officials
All LLCs are managed by their managers pursuant to N.C.G.S. 57D-3-20.
Manager
Century Communities, Inc.
8390 E. Crescent Parkway, Suite 650
Greenwood Village CO 80111
https://www. sosne.gov/online_services/search/Business_Registration_Results 1/23/2019