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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