NC0088901_Correspondence_20200730 (2)

Weaver, Charles
From: Heim, Tim
Sent: Thursday, July 30, 2020 10:29 AM
To: Weaver, Charles
Subject: RE: [External] NPDES Permit NCO088901
Thanks Charles
From: Weaver, Charles
Sent: Thursday, July 30, 2020 10:25 AM
To: 'm brooks@ brooksea.com' <[e-mail]>; Heim, Tim <[e-mail]>
Subject: RE: [External] NPDES Permit NCO088901
YES.
Apply for the AtC, and the permit can be renewed.
CHW
From: [e-mail] <[e-mail]>
Sent: Thursday, July 30, 2020 10:22 AM
To: Weaver, Charles <charles.weaver@ncdenr.>ov>; Heim, Tim <[e-mail]>
Subject: RE: [External] NPDES Permit NCO088901
��C.gov
nal email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to
So, I assume we simply need to submit for the ATC? We do not need to start from scratch on the NPDES permit?
Mark C. Brooks, P.E.
Brooks Engineering Associates, P.A.
17 Arlington Street
Asheville, NC 28801
[phone]
BROOKS
ENGINEERING ASSOCIATES
From: Weaver, Charles <[e-mail]>
Sent: Thursday, July 30, 2020 10:05 AM
To: Heim, Tim <[e-mail]>
Cc: 'm brooks@ brooksea.com' <[e-mail]>
Subject: RE: [External] NPDES Permit NCO088901
No, the permit is currently expired [as of 1/31/2020], but not yet Inactive.

The annual fees have been paid, and the renewal application was submitted in a timely fashion. By applying for the
permit renewal in a timely manner, the existing permit is automatically extended as per NC General Statute 150B:
§ 15013-3. Special provisions on licensing.
(a) When an applicant or a licensee makes a timely and sufficient application for issuance or renewal of a license
[permit] or occupational license, including the payment of any required license fee, the existing license or
occupational license does not expire until a decision on the application is finally made by the agency.
15A NCAC 02H.0138 prohibits the renewal of a permit when no AtC has been requested.
➢ If the permittee requests an AtC, we can renew NC0088901.
➢ If they do NOT, we will have to deny the renewal request. That would make NC0088901 Inactive, and a new
permit would be required — new application, new EAA, new fee, etc.
That's where things currently stand.
NC0088901 is one of 26 permits statewide with this issue — a valid permit exists, but no AtC has been requested. Each
permittee will have to either request an AtC or possibly have their renewal denied.
CHW
From: Heim, Tim <[e-mail]>
Sent: Thursday, July 30, 2020 9:47 AM
To: Weaver, Charles <[e-mail]>
Subject: FW: [External] NPDES Permit NC0088901
I'm not seeing that its expired in BIMS, thoughts?
From: [e-mail] [mailto:[e-mail]]
Sent: Tuesday, July 28, 2020 4:35 PM
To: Heim, Tim <[e-mail]>; Hennessy, John <[e-mail]>
Subject: RE: [External] NPDES Permit NC0088901
External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to
[e-mail]
Tim & John -
This project was done some time ago. I have a copy of the NPDES Permit but do not see that we have the ATC. So I am
not sure if this was ever done. However, upon expressing to the owner that the permit has expired he sent me a copy of
the attached invoice and payment. The owner has been getting a bill for permit renewal and has renewed every
year. So, I'd like to confirm, the NPDES permit has been expired since 2015?
Mark C. Brooks, P.E.
Brooks Engineering Associates, P.A.
17 Arlington Street
Asheville, NC 28801
[phone]

BROOKS
ENGINEERING ASSOCIATES
From: Heim, Tim <[e-mail]>
Sent: Tuesday, July 28, 2020 1:20 PM
To: [e-mail]
Subject: FW: [External] NPDES Permit NCO088901
Importance: High
Mark, here is what I've gotten back from Raleigh so far:
From: Weaver, Charles
Sent: Tuesday, July 28, 2020 8:42 AM
To: Heim, Tim <[e-mail]>
Cc: Hennessy, John <[e-mail]>
Subject: RE: [External] NPDES Permit NCO088901
Importance: High
Tim, the permit is currently in-house for renewal. I haven't drafted it yet, as it's currently in violation of 15A NCAC
02 H.0138:
15A NCAC 02H .0138 AUTHORIZATION TO CONSTRUCT PERMITS
(a) Authorization Required.
(1) After an NPDES permit has been issued by the Division of Water Resources in accordance with this Section,
construction of wastewater treatment facilities or additions thereto shall not begin until final plans and specifications
have been submitted to and an Authorization to Construct has been issued to the permittee by the Division of Water
Resources, except as provided in Subparagraph (2) of this Paragraph.
(2) No Authorization to Construct shall be required for facilities intended to treat principally waste or sewage from an
industrial facility whose discharge is authorized pursuant to an NPDES permit.
(3) If an Authorization to Construct has not been applied for in accordance with the requirements of the NPDES permit
during the term of the permit, the permit shall be considered void upon expiration and future actions shall be considered
as a new application.
To date, the permittee has not requested an AtC, which means I can't renew the existing permit. However, if this
change in operational plans results in them submitting an AtC request, then the renewal can proceed.
Also, the existing permit has this text on the Supplement to Cover Page:
"After submitting an Engineer's Certification, operate 0.002 MGD package plant located on Highway
70 East at 2041 US Hwy 70 East Apartment Complex in McDowell County"
The permit is written in expectation of a package plant, NOT a sand filter system.
They should submit the mod request and AtC application as an application amendment. Then we can proceed.
John — any reason we should NOT handle it this way, please let me [and Tim] know.
CHW
From: Heim, Tim <[e-mail]>
Sent: Monday, July 27, 2020 4:20 PM

To: Weaver, Charles <[e-mail]>
Subject: FW: [External] NPDES Permit NCO088901
Charles,
Unfortunately for him, I think this is definitely a mod no matter what ... the only question is major or minor... thoughts on
the threshold?
Thanks
-Tim
From: [e-mail] [mailto:[e-mail]]
Sent: Monday, July 27, 2020 3:10 PM
To: Heim, Tim <[e-mail]>
Subject: [External] NPDES Permit NCO088901
External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to
[e-mail]
Tim —
This is in reference to a small discharge system we permitted many years ago. A 2,000 gpd system for a small apartment
building. It was a sand filter system that never got installed, they have been using the somewhat failing septic system
the whole time. They now want to install a system but would prefer to change out the permitted sand filter for a
different aerobic pretreatment unit. My question is, given that there is no desire to change flow rates or effluent limits
or anything to do with the permit except change the treatment, it this a major modification? Was hoping to avoid having
to re -do the EAA, and just provide engineering drawings and minor modification application. Your thoughts?
Mark C. Brooks, P.E.
Brooks Engineering Associates, P.A.
17 Arlington Street
Asheville, NC 28801
[phone]
BR"DKS
ENGINEERING ASSOCIATES