NC0088404_More Information (Requested)_20201022

October 22, 2020

David Gray, Manager
Bright Water LLC
378 Ambler School Rd
Marietta, SC 29661
Subject: Request for Additional Information
NPDES Permit NC0088404
The Rapids at French Broad
Buncombe County

Dear Mr. Gray:
The Division has reviewed your application for you N PDES permit . To enable us to complete our
review in accordance with N.C.G.S. 143-215.1 and 15A NCAC 2H .0105, please provide additional or
revised information to address the following comments:

• In accordance with 15A NCAC 2H .0105 (c), complete an updated Engineering Alternatives
Analysis (EAA). The Division requires applicants to fully document and exhaust all alternatives
to surface water discharge. The EAA should include boring logs and/or other inf ormation
indicating that a subsurface system is neither feasible nor practical as well as written
confirmation indicating that connection to a POTW is not an option. For the non-discharge
alternatives, please demonstrate whether or not the physical size of the site is prohibitive, and
whether or not the resulting loading rate is prohibitive based on-site specific soil conditions. For
your reference, the "Engineering Alternatives Analysis (EAA) Guidance Document" is enclosed.
Please complete and return the Attachment A Local Governments Review Form (page 8). The
EAA should also include a present value of costs analysis as outlined in the Division's EAA
guidance. Each alternative should be thoroughly evaluated, and each conclusion should be
substantiated by appropriate documents and itemized budgets demonstrating that alternatives are
cost prohibitive.

Review of our records indicated that an Authorization to Const ruct (ATC ) Permit has not been applied
for since NPDES permit NC0088404 was originally issued on July 6, 2007. I n Accord ance with 15A
NCAC 02H .0138 (a)(3), the following requirement applies to this permit :

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 will be considered void upon
expiration and future actions will be considered as a new application.

Since there has been no ATC application received for this facility , the permit application received on
May 20, 2020 will be processed as a new permit application. The term “new” is defined in accord ance
Mr. Gray October 21, 2020
Page 2 of 2

with 15A NCAC 02H .0103 (16). To process the application as a new application, an updated EAA will
be required. Once the EAA is approved by the Division , a draft permit can be submitted to public notice.
I f no response is received within 60 calendar days [per 15A NCAC 2H.0107(b)], the project will be
deactivated and withdrawn from our review process and the documents recycled. If you have questions
concerning the draft, please contact me at 919-707-3618, or via e-mail at [e-mail].

Sincerely,
Derek Denard, Environmental Specialist
NPDES Compliance and Expedited Permitting
Division of Water Resources, NCDEQ

Enclosure: Engineering Alternatives Analysis (EAA) Guidance Document
ec: NPDES File [Laserfiche]
David Gray, Bright Water LLC [[e-mail]]
ARO / Tim Heim [[e-mail]]; Landon Davidson [[e-mail]];
Linda Wiggs [[e-mail]]