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Home My WebLink AboutWQ0024756_More Information Requested_20190204NORTH CAROLINA ROY COOPER EnAmnmeyliftlQua1hy MICHAEL S. REGAN Serreldry LINDA CULPEPPER Inierim WrEYrarr February 4, 2019 FRED M. BUNN - MANAGER FMB AT THE GROVE, LLC 2231 NASH STREET, NW, SUITE D WILSON, NORTH CAROLINA, 27896 Subject: Application No. WQ0024756 Additional Information Request The Grove WWTP High Infiltration System Carteret County Dear Mr. Bunn: Division of Water Resources' Central and Regional staff has reviewed the application package received December 3, 2018. 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 March 6, 2019. 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 C, 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 three copies submitted to my attention at the address below. E North Carolina Department of Environmental Quality I Division of Water Resources I Non -Discharge Branch 512 North Salisbury Street 11617 Mail Service Center I Raleigh, North Carolina 27699-1617 919.707.3654 Mr. Fred Bunn February 4, 2019 Page 2 of 4 If you have any questions regarding this request, please do not hesitate to contact me at (919) 707- 3659 or erickson.saunders@ncdenr.gov. Thank you for your cooperation. Sincerely, Erick Saunders, Environmental Engineer Division of Water Resources cc: Wilmington Regional Office, Water Quality Regional Operations Section (Electronic Copy) David Walker — Town of Atlantic Beach (Electronic Copy) Permit Application File WQ0024756 Mr. Fred Bunn February 4, 2019 Page 3 of 4 A. General Questions: Explain why this permit includes both FMB at the Grove, LLC and the Town of Atlantic Beach as Permittees. The current permit's condition II.8 states that in the case of green area is needed, the Town of Atlantic Beach shall be responsible for the encroachment agreement with the North Carolina Department of Transportation (NCDOT), oversight of line installation, and operation and maintenance of the sewer line from the wastewater treatment facility to the green area. However, green area requirements are no longer required due to changes in the rules, so this condition can be removed. Please explain if there are further reasons that the Town of Atlantic Beach needs to be a co -permittee for this permit. If there are none, the town may request to be removed as a Permittee. If the town is to remain on the permit, provide a copy of the agreement between FMB at the Grove, LLC and the Town of Atlantic Beach that clarifies the nature of both parties' involvement with the permit. 2. The regional inspector was unable to find monitoring wells MW -1, MW -2, and MW -3 during his inspection. Please provide latitude and longitude coordinates (decimal degrees to six decimals and in NAD83). Provide pictures of the well heads verifying that they are properly accessible, labeled, and locked. 3. The regional inspector noted that there were no tire chips on the fields as the permit description describes. The Permittee has the option to request removal of the tire chips from the permit. If not, explain how the tire chips will be replaced. 4. The regional inspector noticed that the drip line is buried in the sand, which is not allowed by our department [G.S. § 143-215.1(a)(4)(1)]. The drip line must be excavated so that the drip lines are located on the surface. Part of the O&M required by the permit is to inspect the drip lines. If the drip lines are buried, they can't be properly inspected for leaks and calibrated. Provide a plan for correcting the situation and preventing this from occurring in the future. B. Site Map: The map submitted includes a compliance and review boundary which do not meet the requirements of the 15A NCAC 02L Groundwater Standards rules. The compliance boundary on the submitted map follows the outer edge of the roads adjacent to the parcels with the infiltration site, and the review boundary follows the boundaries of the parcels containing the infiltration site, which are both incorrect. According to 15A NCAC 02L .0107(b), disposal systems permitted after December 30, 1983 shall have a compliance boundary either 250 feet from the parcel boundary or 50 feet within the property line, whichever is closer to the waste boundary at any point (hereby referenced as the 250/50 rule). No water supply wells are permitted within this boundary. The review boundary is established midway between the compliance boundary and the waste boundary [I 5A NCAC 02L.0108]. There are three options as to where these boundaries should be located. If the town is removed from the permit, the parcel boundary would just be the outside boundary of the parcels containing the infiltration site owned by FMB at the Grove, LLC. This means that the compliance boundary would be 50 feet within the property boundary on eastern and western sides of the irrigation site and within the waste boundary. The review boundary in those areas would be the same as the compliance boundary. However, on the north or south of the site the compliance boundary will follow the 250/50 rule. The review boundary would be midway between the compliance and review boundaries. Mr. Fred Bunn February 4, 2019 Page 4 of 4 2. If the Town of Atlantic City is to remain a permittee and presuming that the East Drive, West Drive and Atlantic Blvd. are owned/maintained by the town, then the entire property would include the parcels containing the infiltration site as well as any town owned/maintained roads within 250 feet of the waste boundary and any parcels owned by either Permittee's adjacent to those roads within 250 feet of the waste boundary. The compliance boundary would follow the 250/50 rule. However, the boundary must be more restrictive as to exclude the water supply well located on the parcel with PIN # 637516158 owned by the Town of Atlantic Beach. The review boundary would still be midway between the compliance and waste boundaries. 3. If the Town of Atlantic. City is removed as a permittee, another option is for the Town to sign an easement (which is then registered with the county) allowing the compliance and review boundary to encroach onto the East Drive, West Drive and Atlantic Blvd. property (owned/maintained by the town). This easement must be filed in the Carteret County Register of Deeds that includes a notice of the permit, the permit number, a description of the type of permit, and the name, address, and telephone number of the permitting agency. This easement shall also prohibit construction and operation of water supply wells within the compliance boundary as well as give the Permittee and the State the right to enter the property within the compliance boundary for groundwater monitoring and remediation purposes Please submit full and half -sized maps with amended compliance and review boundaries that are consistent with the 15A NCAC 02L Groundwater Standards rules depending on the circumstances. 2. See Comment A.2. Plot the monitoring wells in the correct location. C. Operational Aereements: 1. The Homeowner's Association Operational Agreement submitted was signed in 2013. We need an updated Form: HOA to be filled out and submitted for this permit cycle. A copy of this form is attached to this form. [15A NCAC 02T .0115(c)] 2. A copy of the Homeowner's Association's Articles of Incorporation, Declarations, and By-laws must be submitted. [15A NCAC 02T .0115(c)]