HomeMy WebLinkAboutWQ0010878_Add Info Response_20190510DEAL, MOSELEY & SMITH, LLP
ATTORNEYS AND COUNSELLORS AT LAW
870 WEST KING STREET, SUITE B
BOONE, NORTH CAROLINA 28607
Telephone (828) 264-4734
James M. Deal, Jr. Mailing Address:
Allen C. Moseley Post Office Box 311
Claude D. Smith, Jr. *t Boone, North Carolina 28607
Bryan P. Martin Facsimile (828) 264-3314
J. Tucker Deal
Also Licensed in Georgia
t Certified Mediator
May 7, 2019
Tessa Mondayd�
Environmental Engineer
NC Division of Water Resources, Department of Environmental Quality MAC 4 201�J
1617 Mail Service Center ,S�rarge
Raleigh, NC 27699-1617 p�� jr` tjg �n►t
RE: Application No.: WQ0010878 — Blue Ridge Preservation, Inc. WWTP, Waste Water
Irrigation System, Watauga County
Dear Ms. Monday,
I am writing in reference to my letter to you dated February 19, 2019 and your letter to Corey
Arbogast, Manager at Blue Ridge Preservation, Inc. I am enclosing a copy of my letter dated
February 19, 201.9. Please acknowledge receipt of my letter.
As stated in my February 19 letter, we would respectfully request that your requirement that we
obtain a setback waiver from the adjoining property owner be waived. I would appreciate the
opportunity to have a discussion with you or with someone in your Department regarding this
issue. While my client certainly wants to cooperate in all respects, we do not believe that we are
in violation of the setback requirements, and for the reasons set in my letter, even if the treatment
and storage facilities are within 50 feet of the adjacent property, the topographical features of the
property, the fact that the facility was approved more than 20 years ago and that the facility has
always been in compliance with your requirements would mitigate the underlying reasons for
obtaining the waiver.
I look forward to hearing from you upon receipt of this letter. Thank you for your cooperation.
Very truly yours,
DEAL, MOSELEY & SMITH, LLP
Allen C. Moseley, Esq.
ACM/j s
Enclosure
Cc: Corey Arbogast, Manager
Blue Ridge Preservation, Inc.
12 Murphy Drive
Nashua, New Hampshire, 03062