NC0021717_Imposition of Sewer Line Moratorium_20210701

DocuSian Envelope ID: B278646D-2FF3-41E2-8AF8-5BCAAA5E31C4
ROY COOPER
Governor
JOHN NICHOLSON
Secretary
S. DANIEL SMITH
Director
NORTH CAROLINA
Environmental Quality
7/1/2021
CERTIFIED MAIL 7018 1830 0001 8037 1769
RETURN RECEIPT REQUESTED
Mr. Kenneth D. Noland, Town Manager
Town of Wilkesboro
PO Box 1056
Wilkesboro, North Carolina 28697
Subject: Imposition of Sewer Line Moratorium
Demonstration of Future Wastewater Treatment Capacities
NPDES Permit NCO021717
Cub Creek WWTP, Class IV
700 Snyder Street, Wilkesboro
Wilkes County
Dear Permittee:
15A NCAC 02T .0118, "Demonstration of Future Wastewater Treatment Capacities," was adopted by
the Environmental Management Commission to ensure that wastewater treatment systems owned or
operated by municipalities, counties, sanitary districts, or public utilities do not exceed their hydraulic
treatment capacities.
This Rule specifies that no permits for sewer line extensions will be issued by the Division of Water
Resources to facilities exceeding 80% of their hydraulic treatment capacity unless specific evaluations
of future wastewater treatment needs have been completed. Facilities exceeding 90% of their hydraulic
treatment capacity must submit plans and specifications and obtain all permits needed for expansion of
the wastewater treatment system before permits for sewer line extensions may be issued.
A review of your self -monitoring reports has indicated flow at the subject facility exceeded the 90%
threshold for calendar year Jan2020-Jan2021. The average flow calculated for this period was 4.7628
MGD representing 97.2 % of the current treatment capacity. Therefore, we will be unable to approve
any further sewer line extensions for this facility until such time as you have complied with the
requirements contained in the Rule.
To attain compliance with the Rule, you must obtain all permits needed for expansion of the wastewater
treatment system and, if construction is needed, submit approvable final plans and specifications for
expansion of the wastewater treatment system, including a construction schedule. If expansion is not
proposed or is proposed for a later date, a detailed justification must be made and approved by the
Director based on past growth records and future growth projections and as appropriate, shall include
conservation plans or other specific measures to achieve waste flow reductions.
North Carolina Department of Environmental Quality I Division of Water Resources
.-�—�'.�._f,,,�`(/,�s� 512 North Salisbury Street 11617 Mail Service Center 1 Raleigh, North Carolina 27699-1617 -- 919.707.3616

DocuSign Envelope ID: B278646D-2FF3-41E2-8AF8-5BCAAA5E31C4
To prevent delays in the processing of your future permit applications for sewer line extensions, please
submit a plan of action containing the information necessary to comply with the appropriate
demonstrations as described above to the following address:
DEQ-DWR
Compliance & Expedited Permitting Unit
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
Provision For Sewer Line Approvals While On Moratorium
Per the terms of NCAC 02T .0118 (3), the Director may, on a case -by -case basis, allow permits to be
issued to facilities exceeding the 80 or 90 percent loading rates if:
1) the additional flow will not cause the facility to exceed its permitted hydraulic capacity,
2) the facility has complied with all other permit limitations and requirements and
3) it is demonstrated that adequate progress is being made in developing the required
engineering evaluations or plans and specifications.
If you wish to obtain sewer extension permits while under moratorium per this provision of the rule,
please send all required information in support of your request to the Winston-Salem Regional Office
(WSRO).
Any plans and specifications for expansion should be submitted to the Division of Water Resources.
We look forward to working with you on development of plans to meet your future wastewater
treatment needs. If you have any questions regarding this matter, please contact the Water Quality
Regional Operations staff of our Winston-Salem Regional Office at336-776-9800, or email Joe R.
Corporon (Compliance & Expedited Permitting Unit) [e-mail]]
Sincerely,
DoauSiyned by:
8328B44CE9EB4A1...
for S. Daniel Smith, Director
Division of Water Resources
Attachment (15A NCAC 02T .0118)
cc: Lase>fiche
WSRO, Jenny Gramak, Lon Snider
Municipal Permitting Unit, David Hill

DocuSign Envelope ID: B278646D-2FF3-41E2-8AF8-5BCAAA5E31C4
15A NCAC 02T .0118 DEMONSTRATION OF FUTURE WASTEWATER TREATMENT CAPACITIES
To ensure that treatment, utilization, or disposal systems do not exceed their hydraulic treatment capacities, no
permits for sewer line extensions shall be issued to wastewater treatment systems owned or operated by
municipalities, counties, sanitary districts, or public utilities unless they meet the following requirements:
1) Prior to exceeding 80 percent of the wastewater treatment system's permitted hydraulic capacity
(based on the average flow of the last calendar year), the permittee must submit an approvable
engineering evaluation of their future wastewater treatment, utilization, and disposal needs. This
evaluation must outline specific plans for meeting future wastewater treatment, utilization, or disposal
needs by either expansion of the existing system, elimination or reduction of extraneous flows, or
water conservation and must include the source(s) of funding for the improvements. If expansion is
not proposed or is proposed for a later date, a detailed justification must be made to the satisfaction of
the Director that wastewater treatment needs will be met based on past growth records and future
growth projections and, as appropriate, shall include conservation plans or other specific measures to
achieve waste flow reductions.
2) Prior to exceeding 90 percent of the wastewater treatment, utilization, or disposal systems permitted
hydraulic capacity, (based on the last calendar year), the permittee must obtain all permits needed for
the expansion of the wastewater treatment, utilization, or disposal system and, if construction is
needed, submit approvable final plans and specifications for expansion including a construction
schedule. If expansion is not proposed or is proposed for a later date, a detailed justification must be
made to the satisfaction of the Director that wastewater treatment needs will be met based on past
growth records and future growth projections and, as appropriate, shall include conservation plans or
other specific measures to achieve waste flow reductions.
3) The Director shall allow permits to be issued to facilities that are exceeding the 80 percent or 90
percent loading rates if the additional flow is not projected to result in the facility exceeding its
permitted hydraulic capacity, the facility is in compliance with all other permit limitations and
requirements, and it is demonstrated to the satisfaction of the Director that adequate progress is being
made in developing the needed engineering evaluations or plans and specifications. In determining
the adequacy of the progress, the Director shall consider the projected flows, the complexity and
scope of the work to be completed and any projected environmental impacts.
History Note: AuthorityG.S. 143-215.3;
Eff. September1, 2006.