WQ0020118_Regional Office Historical File Pre 2018

State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
Michael F. Easley, Governor
William G. Ross Jr., Secretary
Gregory J. Thorpe, Ph.D., Acting Director
August 13, 2001
GEORGE E. SHIELD, PRINCIPAL
RBB INVESTMENTS, VII, LLC
2544 B PLANTATION CENTER DRIVE
MATTHEWS, NC 28105
NCDOi Sri MEHT
NORTH CAROLINA DgfIVRVIU21(iT eWitIIRC;ES
ENVIRONMENT AND MiiigAL RESOURCES OFFICE
AUG 1 5 2001
Subject: Permit No. WQ0020118 ;,, , , i.I
RBB Investments, VII, LLC-
Terraces At University Place
Wastewater Collection System Extension
Mecklenburg County
Dear Mr. Shield:
In accordance with your application received May 29, 2001, and additional information received July 12,
2001, we are forwarding herewith Permit No. WQ0020118, dated August 13, 2001, to RBB Investments, VII,
LLC for the construction and operation of the subject wastewater collection system extension. This permit shall
be effective from the date of issuance until rescinded and shall be subject to the conditions and limitations as
specified therein. This cover letter shall be considered a part of this permit and is therefore incorporated therein by
reference.
Please pay particular attention to Permit Condition 3 which requires that the wastewater collection
facilities be properly operated and maintained in accordance with 15A NCAC 2H .0227 or any individual system-
wide collection system permit issued to the Permittee.
Permitting of this project does not constitute an acceptance of any part of the project that does not meet
15A NCAC 2H .0200; the Division of Water Quality's (Division) Gravity Sewer Minimum Design Criteria
adopted February 12, 1996 as applicable; and the Division's Minimum Design Criteria for the Fast -Track
Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable, unless specifically mentioned
herein. Division approval is based on acceptance of the certification provided by a North Carolina -licensed
Professional Engineer in the application. It shall be the Permittee's responsibility to ensure that the as -constructed
project meets the appropriate design criteria and rules. Failure to comply may result in penalties in accordance
with North Carolina General Statute §143-215.6A through §143-215.6C, construction of additional or
replacement wastewater collection facilities, and/or referral of the North Carolina -licensed Professional Engineer
to the licensing board.
In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina as
amended, and other applicable Laws, Rules, and Regulations, permission is hereby granted to RBB Investments,
VII, LLC for the construction and operation of approximately 1,070 linear feet of 8-inch gravity sewer to serve
44,000 square feet of retail space and a 21,000 square foot restaurant as part of the Terraces At University Place
project, and the discharge of 33,280 gallons per day of collected domestic wastewater into the Charlotte
Mecklenburg Utility Department's existing sewerage system, pursuant to the application received May 29, 2001,
and in conformity with 15A NCAC 2H .0200; the Division's Gravity Sewer Minimum Design Criteria adopted
February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast -Track Permitting of Pump
Stations and Force Mains adopted June 1, 2000 as applicable; and other supporting data subsequently filed and
approved by the Department of Environment and Natural Resources and considered a part of this permit
1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper

The sewage and wastewater collected by this system shall be treated in the Charlotte Mecklenburg Utility
Department Wastewater Treatment Facility (NPDES Permit No. NC0030210) prior to being discharged into the
receiving stream.
This permit shall become voidable unless the agreement between RBB Investments, VII, LLC and
Charlotte Mecklenburg Utility Department for the collection and final treatment of wastewater is in full force and
effect_
The Operational Agreement between the Permittee and the Environmental Management Commission is
incorporated herein by reference and shall be a condition of this permit. Noncompliance with the terms of the
Operational Agreement shall subject the Permittee to all sanctions provided by North Carolina General Statutes
§143-215.6A to §143-215.6C for violation of or failure to act in accordance with the terms and conditions of this
permit.
If any parts, requirements, or limitations contained in this permit are unacceptable, you have the right to
request an adjudicatory hearing upon written request within 30 days following receipt of this permit. This request
must be in the form of a written petition, conforming to Chapter 150B of North Carolina General Statutes, and
filed with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27699-6714_ Unless
such demands are made, this permit shall be final and binding.
If you need additional information concerning this matter, please contact Kristin E. Miguez at (919)
733-5083 extension 524.
Sincerely,
14tistta E 1)14
itGregory J. Thorpe, Ph.D. rr
cc: Mecklenburg County Health Department
Mecklenburg County Department of Environment Protection
Mooresville Regional Office, Water Quality Section (WWTF Permit No. NC0030210)
Flehan Engineering, Inc.
CMUD (5100 Brookshire Boulevard, Charlotte, NC 28216

rPr-
NORTH CAROLINA
ENVIRONMENTAL MANAGEMENT COMMISSION
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
RALEIGH
WASTEWATER COLLECTION SYSTEM EXTENSION PERMIT
This permit shall be effective from the date of issuance until rescinded and shall be subject to the following
specified conditions and limitations:
1. This permit shall become voidable unless the wastewater collection facilities are constructed in accordance
with the conditions of this permit; 15A NCAC 2H .0200; the Division of Water Quality's (Division) Gravity
Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design
Criteria for the Fast -Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable;
and other supporting materials unless specifically mentioned herein.
2. This permit shall be effective only with respect to the nature and volume of wastes described in the
application and other supporting data.
3. The wastewater collection facilities shall be properly maintained and operated at all times. The Permittee
shall maintain compliance with an individual system -wide collection system permit for the operation and
maintenance of these facilities as required by 15A NCAC 2H .0227. If an individual permit is not required,
the following performance criteria shall be met as provided in 15A NCAC 2H .0227:
a. The sewer system shall be effectively maintained and operated at all times to prevent discharge to land
or surface waters, and any contravention of the groundwater standards in 15A NCAC 2L .0200 or the
surface water standards in 15A NCAC 2B .0200.
b. A map of the sewer system shall be developed prior to January 1, 2004 and shall be actively
maintained.
c. An operation and maintenance plan shall be developed and implemented.
d. Pump stations that are not connected to a telemetry system shall be inspected at least three times per
week until July 1, 2000; thereafter, pump stations shall be inspected at least daily, as defined in 15A
NCAC 2B .0503(5), until July 1, 2001; and thereafter, pump stations shall be inspected every day.
Pump stations that are connected to a telemetry system shall be inspected at least once per week.
e. High -priority sewer Iines shall be inspected at Least once per every six-month period of time.
f. A general observation of the entire sewer system shall be conducted at least once per year.
g. Inspection and maintenance records shall be maintained for a period of at least three years.
h. Overflows and bypasses shall be reported to the appropriate Division regional office in accordance with
15A NCAC 2B .0506(a), and public notice shall be provided as required by North Carolina General
Statute §143-215.1C.
1

4. This permit shall not be transferable. In the event there is a desire for the wastewater collection facilities
to change ownership, or there is a name change of the Permittee, a formal permit request shall be submitted
to the Division accompanied by documentation from the parties involved, and other supporting materials as
may be appropriate. The approval of this request shall be considered on its merits and may or may not be
approved.
5. Construction of the gravity sewers shall be scheduled so as not to interrupt service by the existing utilities
nor result in an overflow or bypass discharge of wastewater to the surface waters of the State.
6. Upon completion of construction and prior to operation of these permitted facilities, a certification, a copy of
the construction record drawings, as well as supporting design calculations for any pump stations permitted
as part of this project shall be received from a North Carolina -licensed Professional Engineer certifying that
the facilities have been installed in accordance with this permit; 15A NCAC 2H .0200; the Division's
Gravity Sewer Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design
Criteria for the Fast -Track Permitting of Pump Station and Force Main adopted June 1, 2000 as applicable;
and other supporting materials. If this project is to be completed in phases and partially certified, you shall
retain the responsibility to track further construction approved under the same permit, and shall provide a
final certificate of completion once the entire project has been completed. A copy of the construction record
drawings, indicating the facilities constructed in the phase being certified, shall be submitted with each
partial certification. Mail the Engineer's Certification, one copy of the "Construction Record Drawings",
and one copy of the supporting design calculations to the Non -Discharge Permitting Unit, 1617 Mail Service
Center, Raleigh, NC 27699-1617.
7. A copy of the construction record drawings shall be maintained on file by the Permittee for the life of the
wastewater collection facilities.
8. Failure to abide by the conditions and limitations contained in this permit; 15A NCAC 2H .0200; the
Division's Gravity Sewer Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum
Design Criteria for the Fast -Track Permitting of Pump Station and Force Mains adopted June 1, 2000 as
applicable; and other supporting materials may subject the Permittee to an enforcement action by the
Division, in accordance with North Carolina General Statutes §143-215.6A through §143-215.6C.
9. In the event that the wastewater collection facilities fail to perform satisfactorily, including the creation of
nuisance conditions, the Permittee shall take immediate corrective action, including those as may be required
by this Division, such as the construction of additional or replacement facilities.
10. The issuance of this permit shall not exempt the Permittee from complying with any and all statutes, rules,
regulations, or ordinances that may be imposed by other government agencies (local, state and federal) which
have jurisdiction, including but not limited to applicable river buffer rules in 15A NCAC 2B .0200, erosion
and sedimentation control requirements in 15A NCAC Ch. 4 and under the Division's General Permit
NCG0100000, and any_requirements pertaining to wetlands under I5A NCAC 2B .0200 and 15A NCAC 2H
.0500.
11. Noncompliance Notification:
The Permittee shall report by telephone to the Mooresville Regional Office, telephone number (704) 663-
1699, as soon as possible, but in no case more than 24 hours or on the next working day, following the
occurrence or first knowledge of the occurrence of either of the following:
a. Any process unit failure, due to known or unknown reasons, that renders the facility incapable of
adequate wastewater transport, such as mechanical or electrical failures of pumps, line blockage or
breakage, etc.; or
b. Any failure of a pumping station or sewer line resulting in a by-pass directly to receiving waters without
treatment of all or any portion of the influent to such station or facility.
2

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Persons reporting such occurrences by telephone shall also file a written report in letter form within five days
following first knowledge of the occurrence. This report must outline the actions taken or proposed to be
taken to ensure that the problem does not recur.
Permit issued this the thirteenth day of August, 2001
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
),(A
Gregory J. Thorpe, Ph.D., AJing I ji ector
Division of Water Quality
By Authority of the Environmental Management Commission
Permit Number WQ0020118
3

Permit No. WQ0020118
August 13, 2001
ENGINEER'S CERTIFICATION
Partial Final
I, , as a duly registered Professional Engineer in the State of North Carolina,
having been authorized to observe (periodically, weekly, full time) the construction of the
project, for the
Project Name Location and County
Permittee hereby state that, to the best of my abilities, due care and diligence was used in the observation of the
construction such that the construction was observed to be built within substantial compliance of this permit; 15A
NCAC 2H .0200; the Division of Water Quality's (Division) Gravity Sewer Minimum Design Criteria adopted
February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast -Track Permitting of Pump
Stations and Force Mains adopted June 1, 2000 as applicable; and other supporting materials.
North Carolina Professional Engineer's seal, signature, and date:
The above Engineer's Certification shall be completed and submitted to the address below with one copy of the
"Construction Record Drawings" of the wastewater collection system extension as well as supporting design
calculations for any pump stations permitted as part of this project. This project shall not be considered complete
nor allowed to operate until this Engineer's Certification and all required supporting documentation have been
received by the Division. Any wastewater flow made tributary to the wastewater collection system extension
prior to completion of this Engineer's Certification shall be considered a violation of the permit and shall subject
the Permittee to appropriate enforcement actions.
NORTH CAROLINA DIVISION OF WATER QUALITY
WATER QUALITY SECTION
NON -DISCHARGE PERMITTING UNIT
1617 MAIL SERVICE CENTER
RALEIGH, NORTH CAROLINA 27699-1617
4

piprNORTH CAROLINA
OUNTY 51126
Permit No. W 6,00 ?2O 1�
OPERATIONAL AGREEMENT
This AGREEMENT made pursuant to G.S. 143-215.1 (dl) and entered into this 23 day of
Vim( L
SO01 , by and between the North Carolina Environmental Management
Commission,CCan agency ofthe State of North Carolina, hereinafter known as the COMMISSION; and
?£ E' 1flii f V I (•,-C , a corporation/general partnership registered/licensed to do
business in the State ofNorth Carolina, hereinafter known as the DEVELOPER.
WITNESSETH:
The DEVELOPER is the owner of the certain Iands lying in MC6, County, upon
which it is erecting and will erect dwelling units and other improvements, said develZfinent to be known
as The l rimix�5 V4kJ er
(hereinafter the Development).
2. The DEVELOPER desires, to construct a wastewater collection system with pumps, wastewater treatment
works, and/or disposal facilities (hereinafter Disposal System) to provide sanitary sewage disposal to serve the
Development on said lands.
3. The DEVELOPER has applied to the COMMISSION for the issuance of a permit pursuant to G.S. I43-215.1
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 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 Iaw 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 Iaw.
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 Quality has inspected and approved of the facilities. In order to change the name ofthe
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 relin uish or release its responsibility for the
�
operation and maintenance of its Disposal System until et it• try b''ee reissued to the DEVELOPER's
t ;� OUP:,r;:SECT!0N RECEIVED
ECG.! 2 - WATER QUALITY SECTION
FORM: DEV 10/99 Page 1 of 2
Non-Diccha : j Perm hn•MI
successor.
APR 2 7

4. The DEVELOPER shall provide in the Declaration and Association Bylaws that the Disposal System an
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 expanses. 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 Iimit 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
may require 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 a permit. ,
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
sfA,wE.1'1ti;
err T. Stevens, Director/
Division of Water Quality
(Date)
•t' !AV-c-itSiTAP-e\71:S.
Name y DEVELOPE' "mpg
`ig ture) f
Fte- e
Print Name and Title
4•ZS.®.1
(Date)
FORM: DEV 10/99 Page 2 of 2