Loading...
HomeMy WebLinkAboutWQ0041331_Application (FTSE)_20191202State of North Carolina DWR Department of Environmental Quality Division of Water Resources 15A NCAC 02T .0300 — FAST TRACK SEWER SYSTEM EXTENSION APPLICATION Division of Water Resources FTA 04-16 & SUPPORTING DOCUMENTATION Application Number: k d 0 g t 5 3 1 (to be completed by DWR) '� l f 1 l All items must be completed_ or the Application will be returned ��j I. APPLICANT INFORMATION: ` ul r 1. Applicant's name: JOHNSTON COUNTY (company, municipality, HOA, utility, etc.) 2. Applicant type: ❑ Individual ❑ Corporation ❑ General Partnership ❑ PrivateIy-Owned Alic Utility ❑ Federal ® State/County ❑ Municipal ❑ Otl 3. Signature authority's name: CHANDRA C. FARMER per.15A NCAC 02T .0106(b) Title: DIRECTOR OF JOHNSTON COUNTY DEPARTMENT OF PUBLIC UTILITIES Cn") 4. Applicant's mailing address: P.O. BOX 2263 CD NJ, o City: SMITHFIELD State: NC Zip: 27577-�. Y• Q � 5. Applicant's contact information: `� m Phone number: (919) 209-8333 Email Address: CHANDRA.FARMER JOHNSTONNC,COM H. PROJECT INFORMATION: Project name: SELMA EQUALIZATION AND WASTEWATER PUMP STATION FACILITIES FLOOD RESILIENCY IMPROVEMENT CDBG-I 17-1-2965 2. Application/Project status: ® Proposed (New Permit) ❑ Existing Permit/Project If a modification, provide the existing permit number: WQ00 and issued date: If new construction but part of a master plan, provide the existing permit number: WQ00 3. County where project is located: JOHNSTON 4. Approximate Coordinates (Decimal Degrees): Latitude: 35.540556 Longitude:-78.304444 5. Parcel ID (if applicable): 26050342-3243 (or Parcel ID to closest downstream sewer) Ill. CONSULTANT INFORMATION: 1. Professional Engineer: DAVID L. HONEYCUTT License Number: 034999 Firm: MCGILL ASSOCIATES, P.A. Mailing address: 5 REGIONAL CIRCLE, SUITE A City: PINEHURST State: NC Zip: 28374 Phone number: 910) 295-3159 Email Address: DAVID.HONEYCUTT@MCGILLASSOCIATES.COM IV. WASTEWATER TREATMENT FACILITY (WWTF) INFORMATION: I. Facility Name: JOHNSTON COUNTY WASTEWATER TREATMENT PLANT Permit Number: NCO030716 Owner Name: JOHNSTON COUNTY' V. RECEIVING DOWNSTREAM SEWER INFORMATION (if different than WWTF): 1. Permit Number(s): WQ0019632 Downstream (Receiving) Sewer Size: 16FM inch System Wide Collection Sy8em PermitNumber(s)(ifapplicable)Wide�Collection System PermitNumber(s)(ifapplicable): WQCS00060 Owner Name(s): JOHNSTON COUNTY FORM: FTA 04-16 Page I of 5 VI. GENERAL REQUIREMENTS 1. If the Applicant is a Privately -Owned Public Utility, has a Certificate of Public Convenience and Necessity been attached? ❑ Yes ❑No ®N!A 2. If the Applicant is a Developer of lots to be sold, has a Developer's Operational Agreement (FORM: DEV) been attached`' [--]Yes ❑No ON. -'A 3. If the Applicant is a HornCiPro ert Owners' Association has an Operational Agreement FORM: HOA been attached? ❑ Yes ❑No ®N?A 4. Origin of wastewater: (check all that apply): ® Residential Owned ® Retail (stores, centers, malls) ® Car Wash ® Residential Leased ® Retail with food preparation?service ® Hotel andior Motels ® School.' preschool.--' day care ® Medical i dental i veterinary facilities ❑ Swimming Pool iClubhouse ® Food and drink facilities ® Church ❑ Swimming Pool?Filter Backwash ® Businesses! offices i factories ® Nursing Home ❑ Other (Explain in Attachment) 5. Nature of wastewater: 100 % Domesticr'Commercial 0 % Commercial 0 % Industrial (See 15A NCAC 02T .0103(20)) 1Is there a Pretreatment Program in effect? [:]Yes [:]No 6. Hasa flow reduction been approved under 15A NCAC 02T_.01 14(f)? [:]Yes ®No i if ves._provide a conv of flow reduction approval letter 7. Summarize wastewater generated by project: Establishment Type (see 02T.0114(t)) Daily Design Flow No. of Units Flow No new wastewater generated by project. gall GPD gall GPD gall GPD gall GPD gall GPD gal/ GPD Total GPD a See 15A NCAC 02T .01 14(b). (d). (e)( I and (e)(2) for caveats to wastewater design flow rates (i.e., minimum flow per dwelling; proposed unknown non-residential development uses; public access facilities located near high public use areas; and residential property located south or east of the Atlantic Intracoastal Waterway to be used as vacation rentals as defined in G.S. 42A-4). Per 15A NCAC 02T .01 14(c), design flow rates for establishments not identified [in table I5A NCAC 02T.01 14] shall be determined using available flow data, water using fixtures, occupancy or operation patterns, and other measured data. 8. Wastewater generated by project: 0 GPD (per 15A NCAC 02T .01 14) Do not include future flows or previously permitted allocations If permitted flow is zero, indicate why: ® Pump Station or Gravity Sewer where flow will be permitted in subsequent permits that connect to this line ❑ flow has already been allocated in Permit Number: ❑ Rehabilitation or replacement of existing sewer with no new flow expected ❑ Other (Explain): FORM: FTA 04-16 Page 2 of 5 VIL GRAVITY SEWER DESIGN CRITERIA (If Applicable) - 02T .0305 S: _-NIDC (Gravity Sewers): I. Summarize gravity sewer to be permitted: Size (inches) Length (feet) Material Section II R Ili of the MDC for Permitting of Gravity Sewers contains information related to design criteria r Section III contains information related to minimum slopes for gravity sewer(s) Oversizing lines to meet minintum slope requirement is not allot,,ed and a violation of the NIDC Vill. PUNIP STATION DESIGN CRITERIA (If Applicable) — 02T .0305 & MDC (Pump Stations/Force ,Mains): COMPLETE FOR EACH PUNIP STATION INCLUDED IN THIS PROJECT I. Pump station number or name: SELMA WASTEWATER PUMP STATION 2. Approximate Coordinates (Decimal Degrees): Latitude: 35.540556 Longitude:-78.304444 3. Design Flow of the pump station: 3.456 millions gallons per day (firm capacity) 4. Operational point(s) of the pump(s): 2400 gallons per minute at 79 feet total dy namic head (TDI 1) 5. Summarize the force main to be permitted (for this Pump Station): Size (inches) Length (feet) ,Material 16 4,085 PVC, DIP i 6. Power reliability in accordance with 15A NCAC 02T .0305{h)(I ??: ® Standby power source or pump with automatic activation and telemetry - 15A NCAC 02T .0305(li)(1)(B); Required for all pump stations with an average daily flou greater than or equal to 15,000 gallons per day Must be permanent to facility Or if the pump station has an average daily flow less than 15,000 gallons per day: ❑ Portable power source with manual activation, quick -connection receptacle and telemetry - 15A NCAC 02T .0305(h)(1)(C) or ❑ Portable pumping unit with plugged emergency pump connection and telemetry - 15A NCAC 021' .0305(h)(1)(C): It shall be demonstrated to the Division that the portable source is o%kned or contracted by the applicant (draft agreement) and is compatible with the station. :- If the portable power source or pump is dedicated to multiple pump stations, an evaluation of all the pump stations' storage capacities and the rotation schedule of the portable pov%er source or pump, including travel timeframes, shall be provided in the case of a multiple station power outage. DORM. F"rA 04-16 Pay*c 3 of i IX. SETBACKS & SEPARATIONS— (02B .0200 & 15A NCAC 02T .0305(Q): 1. Does the project comply with all separations found in 15A NCAC 02T .0305(f) & (g) ® Yes ❑ No ➢ I5A NCAC 02T.0305(i) contains minimum separations that shall be provided for sewer systems: Setback Parameter* Separation Required Storm sewers and other utilities not listed below vertical 24 inches Water mains (vertical -water over sewer including in benched trenches) 18 inches Water mains (horizontal) 10 feet Reclaimed water lines vertical - reclaimed over sewer) 18 inches Reclaimed water lines horizontal - reclaimed over sewer 2 feet **Any private or public water supply source, including any wells, WS-I waters of Class I or Class 11 impounded reservoirs used as a source of drinking water 100 feet **Waters classified WS (except WS-I or WS-V), B, SA, ORW, HQW, orSB from normal high water or tide elevation and wetlands see item IX.2 50 feet **Any other stream, lake, impoundment, or ground water lowering and surface drainage ditches 10 feet Any building foundation 5 feet Any basement 10 feet Toe sla a of embankment or cuts of 2 feet or more vertical height 10 feet Drainage s stems and interceptor drains 5 feet AnX swimming pools 10 feet Final earth grade vertical 36 inches ➢ 15A NCAC 02T.0305(g) contains alternatives where separations in 02T.0305(f) cannot be achieved. ➢ **Stream classifications can be identified using the Division's NC Surface Water Classifications weboaae ➢ If noncompliance with 02T.0305(f) or (g, see Section X of this application 2. Does the project comply with separation requirements for wetlands? (50 feet of separation) ❑ Yes ® No ❑ NIA (. ➢ Seethe Divisions draft separation requirements for situations where separation cannot be meet I4,41 ➢ No variance is required if the alternative design criteria specified is utilized in design and construction ➢ As built documents should reference the location of areas effected�r 3. Does the project comply with setbacks found in the river basin rules per 15A NCAC 02B .0200? ® Yes ❑ No ❑ NIA ➢ This would include Trout Buffered Streams per 15A NCAC 2B.0202 4. Does the project require coverage;`authorization under a 404 Nationwide or ❑ Yes ® No individual permits or 40I Water Quality Certifications? ➢ Information can be obtained from the 401 & Buffer Permittine Branch 5. Does project comply with .15A NCAC 02T.0105(c)(6) (additional permits/certifications)? ® Yes [:]No Per 15A NCAC 02T.0I05(c)(61, directly related environmental permits or certification applications are being prepared, have been applied for, or have been obtained. Issuance of this permit is contingent on issuance of dependent permits (erosion and sedimentation control plans, stormwater management plans, etc.). 6. Does this project include any sewer collection lines that are deemed "high -priority?" Per 15A NCAC 02T.0402, "high -priority sewer" means "any aerial sewer, sewer contacting surface waters, siphon, or sewer positioned parallel to streambanks that is subject to erosion that undermines or deteriorates the sewer. ❑ Yes ® No ❑ NIA ➢ If yes, include an attachment with details for each line, including type (aerial line, size, material, and location). High priority lines shall be inspected by the permitlee or its representative at least once every six-montlis and inspections documented per 15A NCAC 02T.0403(a)(5) or the permitee's individual System -Wide Collection permit. FORM: rTA 04-16 Page 4 of 5 X. CERTIFICATIONS: I. Does the submitted system comply with 15A NCAC 021', the Minimum Design Criteria for the Permitting, of Pump Stations and Force Mains (latest version), and the Gravity Sewer Minimum Design Criteria latest version as applicable? ® Yes ❑ No If No, complete and submit the Variance?Alternative Design Request application (VADC I0-14) and supporting documents for review. Approval or the request is required nrior to submittal of the Fast Track Application and su ortin documents. 2. Professional Engineer's Certification: (Professional Engineer's name from Application Item III.1.) attest that this application for has been reviewed by me and is accurate, complete and consistent with the information supplied in the plans, specifications, engineering calculations, and all other supporting documentation to the best of my knowledge. 1 further attest that to the best of my knowledge the proposed design has been prepared in accordance with the applicable regulations, Gravity Sewer Minimum Design Criteria for Gravity Sewers (latest version), and the Minimum Design Criteria for the Fast -Track Permitting of Pump Stations and Force Mains (latest version). Although other professionals may have developed certain portions of this submittal package, inclusion of these materials under my signature and seal signifies that I have reviewed this material and have judged it to be consistent with the proposed design. NOTE - In accordance with General Statutes 1443-215.6A and 143-215.613, any person who knowingly makes any false statement, representation, or certification in any application package shall be guilty of a Class 2 misdemeanor, which may include a fine not to exceed $10,000, as well as civil penalties up to $25,000 per violation. North Carolina Proressional Engineer's seal, signature, and date: Applicant's Certification per 15A NCAC 02T .0106(b): ON f 349 0 - � A p 'kGr, �4 dill ....... 1-i r, �4F ..--o"• I, O..nA1(0_ C- C _M-6( 4 1'1` it attest that this application for (Signature Authority's name & title from Application Item 1.3.) has been reviewed by me and is accurate and complete to the best of my knowledge. I understand that if all required parts of this application are not completed and that if all required supporting documentation and attachments are not included, this application package is subject to being returned as incomplete. I understand that any discharge of wastewater from this non - discharge system to surface waters or the land will result in an immediate enforcement action that may include civil penalties, injunctive relief, and!or criminal prosecution. I will make no claim against the Division of Water Resources should a condition of this permit be violated. I also understand that if all required parts of this application package are not completed and that if all required supporting information and attachments are not included, this application package will be returned to me as incomplete. NOTE .- In accordance with General Statutes 143-215.6A and 143-215.6B, any person who knowingly makes any false statement, representation, or certification in any application package shall be guilty of a Class 2 misdemeanor, which may include a fine not to exceed $10,000 as well as civil penalties up to $25,000 per violation. Signature: U_ �0 - FORM: PTA 04-16 Page 5 of 5 d00 a 400 dap 1600 GRAPHIC SCALE I INCH = 800 FEET LEGEND PROPOSED SEWER LINE REPLACEMENT OR REHABILITATION (ES) PROPOSED LIFT STATION REPLACEMENT EXISTING SEWER LINE 1 BUFFALO ROAD 70 DOWNSTREAM CONNECTION POINT w PROPOSED 244 LINEAR FEET OF 36" DIA. X 0.375" MINIMUM WALL THICKNESS STEEL ENCASEMENT PIPE BY BORE AND JACK WITH DUCTILE IRON CARRIER PIPE 11La PROPOSED SEWER CROSSING OF LITTLE CREEK — BAUGH ROAD 50 16" SEWER REPLACEMENT AND REHABILITATION PROJECT LOCATION PROPOSED RELOCATE ELECTRICAL BUILDING AND CONSTRUCT FLOODWALL ®L EASON LANE i TOWN LIMITS C =R■I■■11■!■lIR■I■■I■RI■RI■RI■■i011015VIII& I k-- f l I FriS mcg�ll Ra7onal Cade S�t�A PegnunLN5'0 �11,° SELMA EQ & WWPS FACILITIES FLOOD RESILIENCY IMPROVEMENT PROJECT JGaHo.: IEA,TI9 pESI E BY: ?H pE51GNEp BY�, pLH CApp BYOYPM. MRJ. EPH CONSTDESIGREMEw _ ITEM F -LISGS TOPOGRAPIC LOCATION MAP SHEET NC Rm Ltam� � C-0�54 !LF, m=94paraaw.m* JOHNSTON COUNTY, NORTH CAROLINA FILEHAREVIEW_ FILE NA1JE: Fw1-1 S'""`F'°"" d g ' 500 0 250 500 1000 GRAPHIC SCALE I INCH = 500 FEET LEGEND PROPOSED SEWER LINE REPLACEMENT OR REHABILITATION PROPOSED LIFT STATION REPLACEMENT EXISTING SEWER LINE BUFFALO ROAD }k { DOWNSTREAM CONNECTION POINT BAUGH ROAD PROPOSED SEWER CROSSING OF MILL 16" SEWER REPLACEMENT AND REHABILITATION PROJECT LOCATION PROPOSED RELOCATE ELECTRICAL BUILDING AND CONSTRUCT FLOODWALL k EASON LANE PROPOSED 244 LINEAR FEET OF 36" DIA. X 0.375" MINIMUM WALL THICKNESS STEEL +_ TOWN LIMITS ENCASEMENT PIPE BY BORE AND ,SACK WITH DUCTILE IRON CARRIER PIPE F�: , r i+ SELMA EQ & WWPS FACILITIES dOATS:OBNG.:AUG10.94978 US71019 SHEET IFAS ReMnal C40o Su�hA FLOOD RESILIENCY DESIGNED BY: DLH CApp BY'. W I. IARJ, EPH ITEM F - STREET LEVEL LOCATION mcgi[I 910.295.1159 910,29lLHC 2E]7, IMPROVEMENT PROJECT 8 , !LC Firm Lbru� I G0A58 COHST. DESIGNREVIEW.-_ CGNST. REVIEW._ PLAN F.2 UM. JOHNSTON COUNTY, NORTH CAROLINA FW Tncw Sewn FiBur.LCwp Shaping Communities Together meJ ill November 26, 2019 Thomas McKinney, Environmental Engineer Raleigh Regional Office ; NC Department of Environmental Quality d� Water Resources Section .- 3800 Barrett Drive Raleigh, North Carolina 27609 Re: Fast Track Sewer Extension CD Johnston County Public Utilities Sanitary Sewer System Rehabilitation o CDBG-I Project No. 17-1-2965 Johnston County, North Carolina Dear Mr. McKinney: On behalf of the Johnston County, please find attached Fast Track Sewer System Extension Application (1 original, and 1 copy) with attachments and Application Fee of $480.00 for the subject project. The proposed project will include replacement of 4,085 LF of existing 12" force main with new 16" force main. The project connects from the existing Selma Flow Equalization Lift Station to a point on Buffalo Road where the downstream force main was previously replaced with 16" force main. The project includes a bore and jack under US Hwy 70 and directional drill under a segment of creek. This project also includes construction of a new electrical building and 2 ft risers to be added on to the screen structures to improve protection from the flooding. No additional customers are proposed to be added by this work. The project does not include replacement of the existing pumps but will result in an increase in the firm capacity due to the reduced friction head. The project is funded by grants from the CDBG-I Program and includes a project deadline for approval to bid of January 3r', 2020. Your expeditious review would be greatly appreciated. Please let me know if you have any questions about the subject project or application. Thank you for your assistance with this important project. Sincerely, McGill Associates`, P.A. DAVID L. HONEYCUTT. P.E. Senior Project Manager cc: Kim Rineer, Johnston County MCGILL ASSOCIATES 5 REGIONAL CIRCLE, SUITE A. PINEHURST. NC 26374 / 910.295.3159 / MCGILLASSOCIATES.COM Cashion, Ted From: David Honeycutt <David.Honeycutt@mcgillassociates.com> Sent: Thursday, January 9, 2020 2:19 PM To: Cashion, Ted; Kim Rineer; Chandra Farmer Cc: Robinson, Jason Subject: RE: (External) RE: Selma EQ & WW PS facilities flood resiliency improvement CDBG- 1-2965 fast track sewer extension application u mdemai11.Dunctcllllak.lrn6or,openattachments L-qi—fess all -is anatta&mentttn _ [rr� utxrt sn am [� nc:2dV Ted, The project does not meet the 50' separation for wetlands as the force main will cross a linear wetland area by directional drill and has portions parallel with other wetlands. We don't have any direct wetland impacts. The project will be installed to meet alternative design criteria to use materials, testing methods and acceptability standards meeting water main standards. The pipe materials are DR 9 HDPE, and C-900 DR21 PVC. understand a variance is not required as long as we meet the alternative requirements. Do you need any more detailed information? �Cgl Shaping Communities Together David L. Honeycutt, P.E. Senior Project Manager McGill Associates, P.A. 5 Regional Circle Suite A Pinehurst. North Caro;ina 28374 T 910.295.3159 C 910.690.2583 david. honevcuttOmcailiassociates.com mcodlassociates.com We launched a refreshed brand. Please note email / web address changes above. From: Cashion, Ted <ted.cashion@ncdenr.gov> Sent: Thursday, January 9, 202010:43 AM To: Kim Rineer <kim.rineer@johnstonnc.com>; Chandra Farmer <chandra.farmer@johnstonnc.com> Cc: David Honeycutt <David.Honeycutt@ mcgillassociates.com>; Robinson, Jason <jason.t.robinson@ncdenr.gov> Subject: RE: [External] RE: Selma EQ & WW PS facilities flood resiliency improvement CDBG-1-2965 fast track sewer extension application Thanks Kim. Yes, we'll assign a permit number to it. It will be WQ0041331. David- can you shed light on item IX.2 below? Thx ted From: Kim Rineer [mailto:kim.rineer@johnstonnc.com] Sent: Thursday, January 9, 2020 10:40 AM To: Cashion, Ted <ted.cashion@ncdenr.gov>; Chandra Farmer <chandra.farmer@johnstonnc.com> Cc: David Honeycutt <David.Honeycutt@ mcgillassociates.com>; Robinson, Jason <jason.t.robinson@ncdenr.gov> Subject: [External] RE: Selma EQ & WW PS facilities flood resiliency improvement CDBG-1-2965 fast track sewer extension application �� ExteinaE small: pO noPclick'liotcs-_O n attachments unless you verify. Send all suspicious email as an attachment'ta Hi Ted, I do not know permit number for this facility. Here is what I could find... This facility was once Selma's WWTP (WPC —NC-44 - 1959) and was later converted to a pumping and equalization facility (part of a 1975-1976 Smithfield -Selma 201 Facilities Plan). There have been several projects completed on -site since then. The latest was a 2003 project under SRF No. CS370560-08. Do you want to assign a permit number to this facility that we can use from now on? Kim From: Cashion, Ted <ted.cashion@ncdenr.eov> Sent: Thursday, January 9, 202010:07 AM To: Chandra Farmer (chandra.farmer iohnstonnc.com)<chandra.farmer@iohnstonnc.com>; Kim Rineer (kim.rineer 'ohnstonnc.com) <kim.rineer@iohnstonnc.com> Cc: David Honeycutt <David.Honeycuttme iIlassociates.com>; Robinson, Jason <'ason.t.robinson ncdenr. ov> Subject: Selma EQ & WW PS facilities flood resiliency improvement CDBG-1-2965 fast track sewer extension application Hi Chandra and Kim, We are reviewing the subject application. We assume this pump station and force main were previously permitted by DENR/DEQ. Can you provide the permit number for this? Also, item IX.2 of the application notes this project does not comply with separation requirements for wetlands. Can you provide an explanation how compliance will be achieved? Thx ted �a 33 Cashion, Ted From: Kim Rineer <kim.rineer@johnstonnc.com> Sent: Thursday, January 9, 2020 10:40 AM To: Cashion, Ted; Chandra Farmer Cc: David Honeycutt; Robinson, Jason Subject: [External] RE: Selma EQ & WW PS facilities flood resiliency improvement CDBG-1-2965 fast track sewer extension application email. Do nobeli6k links or open attathments unless you verify. Sena all suspicious email,as an attachment<t ry Hi Ted, I do not know permit number for this facility. Here is what I could find... This facility was once Selma's WWTP (WPC—NC-44 -1959) and was later converted to a pumping and equalization facility (part of a 1975-1976 Smithfield -Selma 201 Facilities Plan). There have been several projects completed on -site since then. The latest was a 2003 project under SRF No. CS370560-08. Do you want to assign a permit number to this facility that we can use from now on? Kim From: Cashion, Ted <ted.cashion@ncdenr.gov> Sent: Thursday, January 9, 202010:07 AM To: Chandra Farmer (chandra.farmer@johnstonnc.com)<chandra.farmer@johnstonnc.com>; Kim Rineer (kim.rineer@johnstonnc.com) <kim.rineer@johnstonnc.com> Cc: David Honeycutt <David.Honeycutt@mcgillassociates.com>; Robinson, Jason <jason.t.robinson@ncdenr.gov> Subject: Selma EQ & WW PS facilities flood resiliency improvement CDBG-1-2965 fast track sewer extension application Hi Chandra and Kim, We are reviewing the subject application. We assume this pump station and force main were previously permitted by DENR/DEQ. Can you provide the permit number for this? Also, item IX.2 of the application notes this project does not comply with separation requirements for wetlands. Can you provide an explanation how compliance will be achieved? Thx ted Cashion. Ted 3 From: Cashion, Ted Sent: Thursday, January 9, 2020 10:07 AM To: Chandra Farmer(chandra.farmer@johnstonnc.com); Kim Rineer (kim.rineer@johnstonnc.com) Cc: David Honeycutt; Robinson, Jason Subject: Selma EQ & WW PS facilities flood resiliency improvement CDBG-1-2965 fast track sewer extension application Hi Chandra and Kim, We are reviewing the subject application. We assume this pump station and force main were previously permitted by DENR/DEQ. Can you provide the permit number for this? Also, item IX.2 of the application notes this project does not comply with separation requirements for wetlands. Can you provide an explanation how compliance will be achieved? Thx ted