NC0088404_Return Application_20210804

CERTIFIED MAIL
RETURN RECEIPT REQUESTED

David Gray, Manager
Bright Water LLC
378 Ambler School Rd
Marietta, SC 29661
Subject: NPDES Renewal Application Return
NPDES Permit NC0088404
The Rapids at French Broad
Buncombe County
Dear Mr. Gray:
In accordance with 15A NCAC 2H.0107(b), we must hereby return the permit renewal
application received on May 20, 2020. After a preliminary review in accordance with N.C.G.S.
143-215.1 and 15A NCAC 2H.0105, the Division has determined that the application package
lacked the following items:

 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 information 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 Construct (ATC) Permit has not been
applied for since NPDES permit NC0088404 was originally issued on July 6, 2007. In
Accordance with 15A NCAC 02H .0138 (a)(3), the following requirement applies to this permit:

DocuSign Envelope ID: A794293C-7823-453C-B140-5A169FF06D5F
8/4/2021

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.

The additional information was requested in a letter dated October 22, 2020 that was received by
you on October 27, 2020. The additional information indicated that if no response was received
within 60 calendar days (by December 26, 2020) [per 15A NCAC 2H.0107(b)], the project will
be deactivated and withdrawn from our review process and the documents recycled.

If you wish to reapply for an NPDES permit, correct these items before resubmitting a new
application including fees. Submit the items listed above and the items returned to you in one
package. If you have any questions, please contact Derek Denard at 919-707-3618 or email at
[e-mail].

Sincerely,

S. Daniel Smith
Director, Division of Water Resources

ec: NPDES File [Laserfiche]
David Gray, Bright Water LLC [[e-mail]]
ARO / Tim Heim [[e-mail]]; Landon Davidson [[e-mail]];
Linda Wiggs [[e-mail]]

DocuSign Envelope ID: A794293C-7823-453C-B140-5A169FF06D5F