WQ0017925_Permit (Issuance)_20220311

DocuSign Envelope ID: 5B04E7B5-DE8D-4981-98A2-F8C34A55EF60
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ROY COOPER��
Governor
ELIZABETH BISER
Secretary
ft
S. DANIEL SMITH
NORTH CARCLINA
en Orvnmerdal Quorrty
Director
March 11, 2022
Kenneth Labarre, Regional Vice President
RSE Independence LLC
1245 Worcester Street, Suite 1218
Natick, MA 01760
Subject: Permit No. WQ0017925 MODIFICATION
RSE Independence LLC
Independence Mall Private Pump Station & Sewer
Wastewater Collection System Extension
New Hanover County
Dear Mr. Labarre:
In accordance with your application received February 11, 2022, we are forwarding herewith Permit No.
WQ0017925 dated March 11, 2022, to the RSE Independence LLC (Permittee) for the construction and
operation upon certification of the subject wastewater collection system extension. This permit shall be
effective from the date of issuance until rescinded, shall void Permit No. WQ0017925 issued November
13, 2019, 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.
This modification is to provide sewer service to a proposed CAVA restaurant with single service articles
adding 840 gallons per day of flow allocation.
Please pay particular attention to the following conditions contained within this permit:
Special Conditions:
Condition 1.1: This permit shall become voidable unless the agreement between the RSE Independence
LLC and the CFPUA for the collection and final treatment of wastewater is in full force
and effect. [15A NCAC 02T.0304(h)]
Condition 1.2: Each pump station shall be clearly and conspicuously posted using a weatherproof sign
with the address, a pump station identifying name/number, 24-Hour Emergency
telephone number, and name of the owner/operator of the sewer system/pump station
and instructions to call the number in the event of alarm activation or other emergency.
Simplex pump stations or vacuum sewer pits serving a single-family residence may have
a placard or sticker without the address placed on the control panel in lieu of a sign. [15A
NCAC 02T .0305(h)(2)]
D q5
Division of Water Resources —Wilmington Regional Office
127 Cardinal Drive Extension, Wilmington, North Carolina 28405
Phone: [phone]\ Internet: www.deg.nc.gov

DocuSign Envelope ID: 5B04E7B5-DE8D-4981-98A2-F8C34A55EF60
Standard Conditions:
Condition 11.1: This permit shall not be automatically transferable; a request must be made and
approved.
Condition 11.4: Requires that the wastewater collection facilities be properly operated and maintained
in accordance with 15A NCAC 2T .0403 or any individual system -wide collection system
permit issued to the Permittee.
Condition 11.7: Upon completion of construction and prior to operation of these permitted facilities, the
completed Engineering Certification form with checklist attached to this permit shall be
submitted with the required supporting documents to the address provided on the form.
Permit modifications are required for any changes resulting in non-compliance with
this permit, regulations, or the Minimum Design Criteria. [15A NCAC 02T.0116]
Condition 11.13: If the Permittee/Applicant holds a system -side collection system operation,
maintenance and management permit (WQCS-prefix) from the Division, then the
following applies: For all newly constructed, modified and rehabilitated pump stations,
all equipment and components shall be sealed within a corrosion -resistant coating or
encasement to the extent practicable and equivalent to the minimum design criteria
unless the permittee can demonstrate it is not practicable or another form of corrosion
resistance is employed. [15A NCAC 02T .0108 (b)]
It shall be responsibility of the Permittee 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.
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 Tyler Benson at [phone]
or via e-mail at Tyler. [e-mail].
Sincerely,
EIFDocuSigned by:
0- �naml On.
141E73MF3456...
Tom Tharrington, Assistant Regional Supervisor
Water Quality Regional Operations Section
Wilmington Regional Office
Division of Water Resources, NCDEQ
Cc: Joshua Cox, Donaville Group Inc (Laserfiche info via email)
CFPUA (Laserfiche info via email)
Upload to Laserfiche
Permit No. WQ0017925 March 11, 2022 Page 2 of 7

DocuSign Envelope ID: 5B04E7B5-DE8D-4981-98A2-F8C34A55EF60
NORTH �:AgO_IN.4
Envrrortmcrtruf Quality
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 the
RSE INDEPENDENCE LLC
NEW HANOVER COUNTY
Provides 840 gallons per day flow allocation for a new 42-seat restaurant with single service articles as
part of the Independence Mall Redevelopment project discharging collected domestic and commercial
wastewater into the CFPUA's existing sewerage system, pursuant to the application received February 11,
2022.
November 13, 2019 MODIFICATION (Version 1.1)
For the continued operation of approximately 2,487 linear feet of 8-inch gravity sewer to serve new retail,
food services, and restaurant space associated with the Independence Mall Redevelopment project, and
the increased discharge of 36,500 gallons per day of collected domestic and commercial, wastewater into
the CFPUA's existing sewerage system, pursuant to the application received October 11, 2019 and
additional information received on October 22, 2019. Final certification received September23, 2020
May 31, 2000 ORIGINAL ISSUANCE (Version 1.0)
For the continued operation of approximately 490 linear feet of 6-inch and 835 linear feet of 8-inch gravity
sewer; a 200—gallon per minute pump station with duplex pumps, on -site audible and visual high water
alarms, and a permanent generator with automatic transfer switch or an automatically activated stand-
by bypass pump) as well as approximately 25 linear feet of 4-inch force main to serve retail and food
establishments as part of the Independence Mall Expansion project, and the discharge of 40,500 gallons
per day of collected domestic and commercial wastewater into the CFPUA's existing sewerage system,
pursuant to the application received January 14, 2000 and in conformity with 15A NCAC 2H .0200 and the
Division's Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable.
This permit shall be effective from the date of issuance until rescinded and shall be subject to the specified
conditions and limitations contained therein.
Permit Number: WQ0017925 Issued Today: March 11, 2022
DocuSigned by:
10- �natrl On,
7F141E73B6F3456...
Tom Tharrington, Assistant Regional Supervisor
Wilmington Regional Office
Water Quality Regional Operations Section
Division of Water Resources, NCDEQ
By Authority of the Director and The Environmental Management Commission
Permit No. WQ0017925 March 11, 2022 Page 3 of 7

DocuSign Envelope ID: 5B04E7B5-DE8D-4981-98A2-F8C34A55EF60
SUPPLEMENT TO PERMIT COVER SHEET
RSE INDEPENDENCE LLC is hereby authorized to:
Construct, and then operate upon certification the aforementioned wastewater collection extension. The
sewage and wastewater collected by this system shall be treated in the Wilmington Southside Wastewater
Treatment Facility in accordance with Permit Number NC0023973.
Permitting of this project does not constitute an acceptance of any part of the project that does not meet
15A NCAC 2T; the Division of Water Resources' (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.
Construction and operation is contingent upon compliance with the Standard Conditions and any Special
Conditions identified below.
I. SPECIAL CONDITIONS
This permit shall become voidable unless the agreement between the RSE Independence LLC and the
CFPUA for the collection and final treatment of wastewater is in full force and effect. [15A NCAC
02T.0304(h)]
2. Each pump station shall be clearly and conspicuously posted using a weatherproof sign with the
address, a pump station identifying name/number, 24-Hour Emergency telephone number, and name
of the owner/operator of the sewer system/pump station and instructions to call the number in the
event of alarm activation or other emergency. Simplex pump stations or vacuum sewer pits serving a
single-family residence may have a placard or sticker without the address placed on the control panel
in lieu of a sign. [15A NCAC 02T .0305(h)(2)]
II. STANDARD CONDITIONS
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. [15A NCAC 02T.0104; G.S 143-215.1(d3)]
2. This permit shall become voidable unless the wastewater collection facilities are constructed in
accordance with the conditions of this permit; 15A NCAC 2T; 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 materials unless specifically mentioned herein. [15A NCAC 02T.0110]
3. This permit shall be effective only with respect to the nature and volume of wastes described in the
application and other supporting data. [15A NCAC 02T .0110]
Permit No. WQ0017925 March 11, 2022 Page 4 of 7

DocuSign Envelope ID: 5B04E7B5-DE8D-4981-98A2-F8C34A55EF60
4. 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 2T .0403. If an individual
permit is not required, the following performance criteria shall be met: [15A NCAC 02T .0108(b)]
a. The sewer system shall be effectively maintained and operated at all times to prevent discharge
to land or surface waters, and to prevent any contravention of groundwater standards or surface
water standards.
b. A map of the sewer system shall be developed and shall be actively maintained.
c. An operation and maintenance plan including pump station inspection frequency, preventative
maintenance schedule, spare parts inventory and overflow response has been developed and
implemented.
d. Pump stations that are not connected to a telemetry system shall be inspected every day (i.e. 365
days per year). Pump stations that are connected to a telemetry system shall be inspected at
least once per week.
e. High -priority sewer lines shall be inspected at least once per every six -months and inspections are
documented.
f. A general observation of the entire sewer system shall be conducted at least once per year.
g. 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.
h. A Grease Control Program is in place as follows:
1. For public owned collection systems, the Grease Control Program shall include at least
biannual distribution of educational materials for both commercial and residential users and
the legal means to require grease interceptors at existing establishments. The plan shall also
include legal means for inspections of the grease interceptors, enforcement for violators and
the legal means to control grease entering the system from other public and private satellite
sewer systems.
2. For privately owned collection systems, the Grease Control Program shall include at least bi-
annual distribution of grease education materials to users of the collection system by the
permittee or its representative.
3. Grease education materials shall be distributed more often than required in Parts (1) and (2)
of this Subparagraph if necessary to prevent grease -related sanitary sewer overflows.
i. Right-of-ways and easements shall be maintained in the full easement width for personnel and
equipment accessibility.
j. Documentation shall be kept for Subparagraphs (a) through (i) of this Rule for a minimum of three
years with exception of the map, which shall be maintained for the life of the system.
5. Noncompliance Notification:
The Permittee shall report by telephone to a water resources staff member at the Wilmington
Regional Office, telephone number [phone], 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:
Permit No. WQ0017925 March 11, 2022 Page 5 of 7

DocuSign Envelope ID: 5B04E7B5-DE8D-4981-98A2-F8C34A55EF60
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 SSO and/or spill over 1,000 gallons; or
c. Any SSO and/or spill, regardless of volume, that reaches surface water
Voice mail messages or faxed information is permissible, but this shall not be considered as the initial
verbal report. Overflows and spills occurring outside normal business hours may also be reported to
the Division of Emergency Management at telephone number [phone] or [phone].
Persons reporting any of the above occurrences shall file a spill report by completing and submitting
Part I of Form CS-SSO (or the most current Division approved 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. Part 11 of Form CS-SSO (or the most current Division approved
form) can also be completed to show that the SSO was beyond control. [G.S. 143-215.1C(a1)]
6. Construction of the gravity sewers, pump stations, and force mains 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. [15A NCAC 02T.0108(b)]
7. Upon completion of construction and prior to operation of these permitted facilities, the completed
Engineering Certification form with checklist attached to this permit shall be submitted with the
required supporting documents to the address provided on the form. A complete certification is one
where the form is fully executed and the supporting documents are provided as applicable. 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.
If the permit is issued to a private entity with an Operational Agreement, then a copy of the Articles
of Incorporation, Declarations/Covenants/Restrictions, and Bylaws that have been appropriately
filed with the applicable County's Register of Deeds office shall be submitted with the certification.
A complete certification is one where the form is fully executed and the supporting documents are
provided as applicable. Supporting documentation shall include the following:
a. One copy of the project construction record drawings (plan & profile views of sewer lines & force
mains) of the wastewater collection system extension. Final record drawings should be clear on
the plans or in accepted electronic format and are defined as the design drawings that are marked
up or annotated with after construction information and show required buffers, separation
distances, material changes, etc.
b. One copy of the supporting applicable design calculations including pipe and pump sizing, velocity,
pump cycle times, and level control settings, pump station buoyancy, wet well storage, surge
protection, detention time in the wet well, and force main, ability to flush low points in force
mains with a pump cycle, and downstream sewer capacity analysis. If a portable power source or
pump is dedicated to multiple stations, an evaluation of all the pump stations' storage capacities
and the rotation schedule of the portable power source or pump, include travel timeframes, shall
be provided.
c. Changes to the project that do not result in non-compliance with this permit, regulations, or the
Minimum Design Criteria should be clearly identified on the record drawings, on the certification
in the space provided, or in written summary form.
Permit No. WQ0017925 March 11, 2022 Page 6 of 7

DocuSign Envelope ID: 5B04E7B5-DE8D-4981-98A2-F8C34A55EF60
Prior to Certification (Final or Partial): Permit modifications are required for any changes resulting in
non-compliance with this permit (including pipe length changes of 10% or greater by type & size,
increased flow, pump station design capacity design increases of 5% or greater, and increases in the
number/type of connections), regulations, or the Minimum Design Criteria. Requested modifications
or variances to the Minimum Design Criteria will be reviewed on a case -by -case basis and each on its
own merit. Please note that variances to the Minimum Design Criteria should be requested and
approved during the permitting process prior to construction. After -construction requests are
discouraged by the Division and may not be approved, thus requiring replacement or repair prior to
certification & activation. [15A NCAC 02T .0116]
8. Gravity sewers installed greaterthan ten percent below the minimum required slope perthe Division's
Gravity Sewer Minimum Design Criteria shall not be acceptable and shall not be certified until
corrected. If there is an unforeseen obstacle in the field where all viable solutions have been
examined, a slope variance can be requested from the Division with firm supporting documentation.
This shall be done through a permit modification with fee. Such variance requests will be evaluated
on a case -by -case basis. Resolution of such request shall be evident prior to completing and submitting
the construction certification. [ 15A NCAC 02T.0105(n)]
9. A copy of the construction record drawings shall be maintained on file by the Permittee for the life of
the wastewater collection facilities. [15A NCAC 02T .0116]
10. Failure to abide by the conditions and limitations contained in this permit; 15A NCAC 2T; 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,
construction of additional or replacement wastewater collection facilities, and/or referral of the North
Carolina -licensed Professional Engineer to the licensing board. [15A NCAC 02T .0104; 15A NCAC 02T
.0108(b-c)]
11. 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.
[15A NCAC 02T .0110; 15A NCAC 02T .0108(b)]
12. 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 the Division any other Federal, State, or Local
government agencies which have jurisdiction or obtaining other permits which may be required by
the Division or any other Federal, State, of Local government agencies. [G.S. 143-215.1(b)]
13. If the Permittee/Applicant holds a system -side collection system operation, maintenance and
management permit (WQCS-prefix) from the Division, then the following applies: For all newly
constructed, modified and rehabilitated pump stations, all equipment and components shall be sealed
within a corrosion -resistant coating or encasement to the extent practicable and equivalent to the
minimum design criteria unless the permittee can demonstrate it is not practicable or another form
of corrosion resistance is employed. [15A NCAC 02T .0108 (b)]
Permit No. WQ0017925 March 11, 2022 Page 7 of 7