HomeMy WebLinkAboutWQ0035784_Additional Information Request_20220106ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
S. DANIEL SMITH
Director
SEAN DWYER — EXECUTIVE DIRECTOR
WALLACE LOFT LLC
5 BRYANT PARK, 28Tu FLOOR
NEw YORK, NEw YORK 10018
Dear Mr. Dwyer:
NORTH CAROLINA
Environmental Quality
January 6, 2022
Subject: Application No. WQ0035784
Additional Information Request
The Cottages of Boone
Wastewater Irrigation System
Watauga County
Division of Water Resources' Central and Regional staff has reviewed the application package
received November 2, 2021. However, additional information is required before the review may be
completed. Please address the items on the attached pages no later than the close of business on February
7, 2022.
Please be aware that you are responsible for meeting all requirements set forth in North Carolina
rules and regulations. Any oversights that occurred in the review of the subject application package are
still the Applicant's responsibility. In addition, any omissions made in responding to the outstanding items
in Sections A through O, or failure to provide the additional information on or before the above requested
date may result in your application being returned as incomplete.
Please reference the subject application number when providing the requested information. All
revised and/or additional documentation shall be signed, sealed and dated (where needed), with an
electronic copy submitted to my attention at the address below or the our upload site (URL:
https://edocs.deg.nc.gov/Fonns/NonDischarge-Branch-Submittal-Form-Ver2).
If you have any questions regarding this request, please do not hesitate to contact me at (919) 707-
3660 or Lauren.Plummer(ancdenr.gov. Thank you for your cooperation.
Sincerely
L4DuSi,gned
by:.Pln. P.GUA,P—��
45I�&&Plummer, Engineer III
Division of Water Resources
cc: Jeff Poupart, Section Chief, Water Quality Permitting Section (Electronic Copy)
Winston-Salem Regional Office, Water Quality Regional Operations Section (Electronic Copy)
Donald Feller, ORC — Envirolink, Inc. (Electronic Copy)
Permit Application File WQ0035784
E Q�� North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617
NORTH CAROHNA -
DePemmencatE.W —rdalQuari /� 919.707.9000
Mr. Sean Dwyer
January 6, 2022
Page 2 of 4
A. Application Fee:
1. Not applicable.
B. Application:
1. Within Section IV — Billing Information, an address of 615 Fallview Lane, Boone, NC 28607 was
provided. This appears to be the facility address. The mailing address listed for Wallace Loft LLC
per the Secretary of State business registration records, and our records for the billing address of
the facility, is 2626 Glenwood Avenue, Suite 550, Raleigh, NC 27608. Please confirm that the
Permittee wishes to change the billing address to 615 Fallview Lane, Boone, NC 28607.
Within Section V — Operation in Responsible Charge (ORC) Information, a back-up ORC has not
been designated. Pursuant to 15A NCAC 02T .0117(a), the designation of both an ORC and a
Back -Up ORC are required by the Water Pollution Control System Operators Certification
Commission (WPCSOCC). Please designate a back-up ORC and update the records as needed
with WPCSOCC.
3. There appears to have been some confusion with regards to Section VI — Open -Atmosphere
Structures. The Freeboard (ft) does not refer to the diameter of the tank structure. Freeboard is the
distance between the designed full waterline and the top of the structure. Pursuant to 15A NCAC
02T .0505(d), the freeboard in the open -atmosphere storage units must be at least two feet. Please
revise as needed.
4. The "Relationship Type" for the related collection system permit (WQCSD0738) is incorrect.
Please select the correct relationship type (i.e. Upstream Sewer) from the drop -down menu.
5. The deeded owners listed in Section IV — Irrigation Fields appear to be incorrect. Attachment B of
the existing permit dated October 25, 2017 indicates that the fields are located on parcels owned
by Wallace Loft LLC and not CCC-Boone, LLC. Please confirm that the deeded owner of the
parcels receiving wastewater irrigation activity is Wallace Loft LLC and revise the table
accordingly.
C. Attachment A —Site Map:
1. No comment.
D. Attachment B — Signature Authority Delectation:
1. The applicant indicated that the signature authority provided in Section I, Item 3 of the application
requires a designation letter pursuant to 15A NCAC 02T .0106(c). The delegation letter was not
provided within the uploaded submittal. Please provide the delegation letter for our review.
E. Attachment C —Flow Reduction:
1. Not applicable.
Mr. Sean Dwyer
January 6, 2022
Page 3 of 4
F. Attachment D — Certificate of Public Convenience and Necessity:
1. Not applicable.
G. Attachment E — Operational Agreement:
1. The response under Attachment E indicated that the applicant is a Developer of Lots to be Sold.
Pursuant to 15A NCAC 02T .0115(a)(2), an executed Operational Agreement form is to be
provided. This form was not included within the uploaded submittal. Please provide an executed
copy of the appropriate Operational Agreement form for our review.
H. Attachment F — Demonstration of Future Wastewater Treatment Capacities:
1. Not applicable.
I. Attachment G— Property Ownership Documentation:
1. Within Attachment G, the Permittee indicated that they do not own all of the land associated with
the wastewater collection, treatment, conveyance, and irrigation system. Please provide additional
information pertaining to this response including a copy of all easements, lease agreements, and
encroachment agreements necessary for the Permittee to operate and maintain The Cottages of
Boone wastewater treatment and irrigation system.
J. Attachment H —Affiliations:
Within Attachment H, the applicant has indicated that the affiliations of record are correct. Our
database indicates the following individuals as being affiliated with this permit. Sean Devine,
Sylvester Brandon, and Ashley Vargo. The applicant information provided is for Sean Dwyer, and
it is unclear whether the other individuals are still associated with this facility and permit. Please
check the affiliations on our website (Affiliations Check URL) and confirm that all listed
affiliations are accurate and up-to-date. If the current affiliations listed are no longer correct, please
provide us with the correct individuals and their contact information so that our records may be
updated.
K. Attachment I — Compliance Schedules:
1. Not applicable.
L. Attachment J — Civil Penalties and Outstanding Violations:
Per the Notice of Deficiency dated October 25, 2021, please indicate whether the following
deficiencies have been addressed: 1) Has the Spill Response Plan required under Condition IIL 1 of
the existing permit been updated and posted at the requested locations? 2) Have the repairs to the
wet weather storage tank, anoxic tank, freeboard marker, and rain sensor been made? Please
provide an update on the status of these deficiencies and items of concern. If the Spill Response
Plan has been updated, then please provide a copy for our records.
Mr. Sean Dwyer
January 6, 2022
Page 4 of 4
M. Attachment K—Industrial Wastewater:
1. Not applicable.
N. Attachment L — Setback Waivers:
1. Not applicable.
O. Additional Documentation:
➢ Existing Permit:
1. Please review the facility description in the existing permit and confirm that the remaining
treatment components are still installed.
➢ Site Inspection by Regional Staff:
During the recent site inspection, it was noted that a valve transferring wastewater from the
equalization (EQ) basin to the rotary brush screen had been installed. The installed valve
appears to serve as a bypass. Pursuant to 15A NCAC 02T .05050), bypasses and overflows
are prohibited. This change was made without a permit modification, and the valve should
either be removed or a permit modification - including the necessary engineering documents
(i.e. plans and specifications), appropriate application form, and information regarding the
purpose of the valve - should be submitted for our review. Please provide additional
information and explanation of the valve installed between the EQ basin and the rotary brush
screen, and the Permittee's plans for the valve.