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HomeMy WebLinkAboutNC0090018_Fact Sheet_20220725NCDEQ / DWR / NPDES EXPEDITED FACT SHEET - NPDES NEW PERMIT NPDES Permit NC0090018 Sydney Carpenter, Compliance & Expedited Permitting Unit / 919-707-3712 April 2022 Facility Information Applicant/Facility Name Kimberly Broch Broch Property Applicant Address 45 Gaston Mountain Road, Asheville, NC 28806 Facility Address Beaverdam Loop Road, Candler, NC 28715 Proposed Permitted Flow (MGD) 0.0024 MGD Type of Waste Discharging 100% domestic < 1MGD Facility Class WW-1 County Buncombe Permit Status New Discharge Regional Office ARO Stream Characteristics Receiving Stream Beaverdam Creek Stream Classification C; Tr Stream Segment 6-76-5-8 Drainage basin French Broad Summer 7Q10 (cfs) 1.7 Subbasin 04-03-02 Winter 7Q10 (cfs) 2.3 Use Support 303(d) Listed Receiving Stream Not Impaired 30Q2 (cfs) 3.4 Average Flow (cfs) 2.9 IWC (%) 0.22% HUC 060101050501 Facility Summary Broch Property is a proposed treatment facility servicing a 10-house tiny home community and a collective bathhouse. This facility is a minor facility (flow < 1 MGD) discharging 100% domestic wastewater with a proposed design capacity of 0.0024 MGD (240 gpd per home). The owner is contracting out operation and maintenance of the facility to AQWA. The proposed treatment components for the facility are the following: • Septic Tank with effluent filter • AdvanTex AX-100 • Recirculation Tank • Flow Meter • Dual UV disinfection • Rip Rap Permitting Summary The following permitting decisions were made: • Flow monitoring frequency is Weekly based on the minimum frequency of all other parameters in the effluent table, as per the 2005 Flow Monitoring Memo. • Fecal Coliform limits not required due to dilution, based the WLA/IWC calculations sheet (see attached) using estimated 7Q10 flows from USGS. Monitoring will still be required to remain consistent with the 1999 Fecal Policy. • Ammonia is monitoring only as the allowable concentration exceeds 35 mg/L per the WLA/IWC calculations sheet (see attached) and 2016 Ammonia Permitting guidance. • Included Section A. (2.) Electronic Reporting of Discharge Monitoring Reports to reflect current federal requirements for submission. Fact Sheet for Permit Renewal April 2022 - NPDES Permit NC0090018 - Page 1 Alternatives Summary (EAA): After an internal meeting to review the EAA (4/21/22), DWR recommends issuance of an individual NPDES permit for the proposed facility. • USGS Estimated Flows (see attached email correspondence) o Avg. Annual 7Q10 (summer) low -flow 4 1.7 cfs o Avg. Annual 7Q10 (winter) low -flow 4 2.3 cfs o Avg. Annual 30Q2 low -flow 4 3.4 cfs o Avg. Annual 7Q2 low -flow 4 2.9 cfs • Endangered Species o The NC Natural Heritage Program (NCNHP) performed a search of their database and found records for rare species, important natural communities, natural areas, and/or conservation/managed areas are found within the proposed project boundary. There are records of the Eastern Hellbender, French Broad River Crayfish, Superb Jewelwing, Little Brown Bat, Northern Long-eared Bat, and Virginia Spiraea. See attached table from NCNHP fully detailing the natural heritage elements present in the project area. • Hydrologic Trespass o No hydrologic trespass as the receiving stream is on the applicant's property. • Connection to sewer system o Heather Rhinehart from the Metropolitan Sewerage District of Buncombe County states that sewer is not currently available for applicant's property, sewer lines are not close to the area, and there are currently no plans to extend the sewer out to the property. (Buncombe County — 05/05/2021) o Agri -Waste Technology, Inc. predicts the cost to connect to the nearest sewer line (4 miles away) would be an estimated $2,112,000 at $100/ft, not included costs for pump station, fees, etc. (Application from Agri -Waste Technology, Inc — 7/28/2021) o DWR notes that Laurelwood Mobile Home Park (NC0069957) is an existing, 100% domestic WWTP across Beaverdam Loop Rd from the site of the proposed tiny home community. Connection to this private sewer system was not considered in the application. • Ground (subsurface) Adsorption o Letter from Buncombe County states that the property is unsuitable for any subsurface or surface application wastewater systems for 20-bedrooms (2400 gpd) due to insufficient space, unsuitable soil depth, and unsuitable soil wetness (Buncombe County — 05/24/2021) o A third party conducted a preliminary soil investigation and determined the 6.19-acre property is suitable for a single, 4-bedroom subsurface system. (Land Resource Management — 02/08/2021) o Agri -Waste Technology, Inc. estimates the approx. amount of land needed for a subsurface system would be 32,000 sqft and there is 166,111 sqft of land available. While there may be sufficient space, the limitations caused by the soil characteristics (i.e. wetness, depth) make this property not suitable. (Application from Agri -Waste Technology, Inc — 7/28/2021) • Non -Discharge (Drip & Spray) - County & Contractor Evaluation o Agri -Waste Technology, Inc. estimates the approx. amount of land needed for a non - discharge spray or drip system is 72,065 sqft and there is 84,868 sqft of land available, however the setbacks and soil characteristics limit usage. (Application from Agri -Waste Technology, Inc — 7/28/2021) • Reclaimed Water o Agri -Waste Technology, Inc. states reclaimed water isn't feasible due to soil characteristics and cost of installing/maintaining the system. According to applicant, there is enough area to irrigate up to 9,365 gpd of reuse water. (Application from Agri -Waste Technology, Inc — 7/28/2021) • Availability of Land Fact Sheet for Permit Renewal April 2022 - NPDES Permit NC0090018 - Page 2 o Agri -Waste Technology, Inc. states adjacent properties would be unsuitable for subsurface septic application due to similar soil restrictions, topography, unnamed tributaries to Beaverdam Creek, and the properties are occupied. (Application from Agri -Waste Technology, Inc — 7/28/2021) • Reliability Requirements o Applicant states that in the event of a power outage, water will not be available to the homes and bath house. The facility will be served by an onsite well and does not have elevated water storage tanks. There will be storage available in the system to hold some waste until power is restored. [15A NCAC 02H .0124 (2) (b) (i)] (Application from Agri - Waste Technology, Inc — 7/28/2021) • Local Government Review o Buncombe County indicated that there are zoning/subdivision ordinances in effect and that the proposed facility is consistent with these ordinances. (Attachment A. from Buncombe County — 4/27/2022) o City of Asheville did not complete and return the form within the 15-day period. Fact Sheet for Permit Renewal April 2022 - NPDES Permit NC0090018 - Page 3 Facility: Broch Property Permit No.: NC0090018 Prepared By: Sydney Carpenter Enter Design Flow (MGD): Enter s7Q10 (cfs): Enter w7Q10 (cfs): Total Residual Chlorine (TRC) Daily Maximum Limit (ug/I) s7Q10 (CFS) DESIGN FLOW (MGD) DESIGN FLOW (CFS) STREAM STD (UG/L) Upstream Bkgd (ug/I) IWC (%) Allowable Conc. (ug/I) Fecal Coliform Monthly Average Limit: (If DF >331; Monitor) (If DF<331; Limit) Dilution Factor (DF) IWC Calculations 0.0024 1.7 2.3 1.7 0.0024 0.00372 17.0 0 0.22 7786 Not Required 457.99 Ammonia (Summer) Monthly Average Limit (mg NH3-N/I) s7Q10 (CFS) DESIGN FLOW (MGD) DESIGN FLOW (CFS) STREAM STD (MG/L) Upstream Bkgd (mg/I) IWC (%) Allowable Conc. (mg/I) Ammonia (Winter) Monthly Average Limit (mg NH3-N/I) w7Q10 (CFS) DESIGN FLOW (MGD) DESIGN FLOW (CFS) STREAM STD (MG/L) Upstream Bkgd (mg/I) IWC (%) Allowable Conc. (mg/I) Total Residual Chlorine 1. Cap Daily Max limit at 28 ug/I to protect for acute toxicity Ammonia (as NH3-N) 1. If Allowable Conc > 35 mg/I, Monitor Only 2. Monthly Avg limit x 3 = Weekly Avg limit (Municipals) 3. Monthly Avg limit x 5 = Daily Max limit (Non-Munis) If the allowable ammonia concentration is > 35 mg/L, no limit shall be imposed 1.7 0.0024 0.00372 1.0 0.22 0.22 357.5 2.3 0.0024 0.00372 1.8 0.22 0.16 978.7 Fecal Coliform 1. Monthly Avg limit x 2 = 400/100 ml = Weekly Avg limit (Municipals) = Daily Max limit (Non -Muni) North Carolina Department of Environmental Quality Water Pollution Control Systems Operator Certification Commission Roy Cooper Governor Mrs. Kimberly Broch 45 Gaston Mountain Road Asheville, North Carolina 28806 W. Corey Basinger Chairman May 5, 2022 Subject: Classification of Biological Water Pollution Control System (WW-I ) Broch Property Permit Number: NC0090018 Buncombe County Dear Mrs. Broch: Elizabeth Biser Secretary In accordance with North Carolina General Statute § 90A-37, the Water Pollution Control System Operators Certification Commission is required to classify all water pollution control systems. The Water Pollution Control System Operators Certification Commission has determined that the subject facility be classified as a Grade 1 Biological Water Pollution Control System (WW-I), effective May 1, 2022. System owners of a classified system shall designate certified operators of the same type and grade as the system classification; one ORC, and at least one backup ORC with a valid WW-I certificate. Please submit an Operator Designation Form countersigned by the appropriate operators 60 days prior to wastewater or residuals being introduced into this new system. You may send it via email to: certadmin@ncdenr.gov. Thank you for your attention to this. If you have any questions concerning this classification, please contact me at 919-707-9038, or via email at Maureen.Kinney@ncdenr.gov. Sincerely, NC Operators Certification Program ec: Linda Wiggs, DWR, Asheville Regional Operations Sydney Carpenter, DWR, NPDES Permitting Program 1618 Mail Service Center I Raleigh, North Carolina 27699-1618 919 707 9190 I Fax 919 715 2726 I http://deq.nc.gov/about/divisions/water-resources/operator-certification Engineers and Soil Scientists Agri -Waste Technology, Inc. 501 N. Salem Street, Suite 203 Apex, North Carolina 27502 919-859-0669 www.agriwaste.com Ms. Avril Pinder County Manager Buncombe County 200 College Street, Suite 300 Asheville, NC 28801 May 6, 2021 RE: Local Government Review Form Application for Discharge System — Broch Property Lower Beaverdam Loop Road, Candler, NC 28715 (PIN 9605-25-0161) Dear Ms. Pinder, Enclosed please find a Local Government Review Form required for a Certificate of Coverage application supporting a proposed wastewater treatment system (system). The proposed system will be an individual discharge permit that is permitted under the NPDES Permitting Program. The proposed system will serve a proposed tiny home village located in Buncombe County, North Carolina. It is my opinion that a wastewater treatment system covered by the Individual Discharge Permit is the only technologically feasible option for this property. The site has been deemed unsuitable for ground absorption by licensed soil scientist. Please complete the enclosed form for inclusion in the application for the proposed system. This property is located in Buncombe County. Please note that this form is only meant to determine zoning/jurisdiction information for the county and does not indicate your approval of the proposed system. I appreciate your time and efforts in completing this form. If you have any questions or comments, please feel free to contact me at 919-367-6310. Best Regards, Kevin Davidson, P.E. V.P. of Engineering Broch Property Lower Beaverdam Loop Road Candler, NC 28715 (PIN 9605-25-0161) Attachment A. Local Government Review Form General Statute Overview: North Carolina General Statute 143-215.1 (c)(6) allows input from local governments in the issuance of NPDES Permits for non -municipal domestic wastewater treatment facilities. Specifically, the Environmental Management Commission (EMC) may not act on an application for a new non -municipal domestic wastewater discharge facility until it has received a written statement from each city and county government having jurisdiction over any part of the lands on which the proposed facility and its appurtenances are to be located. The written statement shall document whether the city or county has a zoning or subdivision ordinance in effect and (if such an ordinance is in effect) whether the proposed facility is consistent with the ordinance. The EMC shall not approve a permit application for any facility which a city or county has determined to be inconsistent with zoning or subdivision ordinances unless the approval of such application is determined to have statewide significance and is in the best interest of the State. Instructions to the Applicant: Prior to submitting an application for a NPDES Permit for a proposed facility, the applicant shall request that both the nearby city and county government complete this form. The applicant must: • Submit a copy of the permit application (with a written request for this form to be completed) to the clerk of the city and the county by certified mail, return receipt requested. • If either (or both) local government(s) fail(s) to mail 'the completed form, as evidenced by the postmark on the certified trail card (sPuithiza..1.5,dau, a.£ter eiuing..aiad_-signing-far-then . ed mail, the aprlic-=ntT bmi« «t.e aLpl -,- •- : `e- the NPDES Unit. ■ As evidence to the Commission that the local government(s) failed to respond within 15 days, the applicant shall submit a copy of the certified mail card along with a notarized letter stating that the local government(s) failed to respond within the 15-day period. Instructions to the Local Government: The nearby city and/or county government which may have or has jurisdiction over any part of the land on which the proposed facility or its appurtenances are to be located is required to complete and return this form to the applicant within 15 days of receipt. The form must be signed and notarized. Name of local government Buncombe County (City/County) Does the city/cou ty have jurisdiction over any part of the land on which the proposed facility and its appurtenances are to be located? Yes [✓fo [ ] If no, please sign this form, have it notarized, and return it to the applicant. Does the city/county have in effect a zoning or subdivision ordinance? Yes [o [ ] If there is a�zoning or subdivision ordinance in effect, is the plan for the proposed facility consistent with the ordinance? Yes [ ] No [ ] /1471-Vv/tes61e Cleve Iort•ete'Pirvis //a /IS &en /44 Date 5//1/702 7DY Cb rid t'''�C'u Lri' i f 'fr�; ✓. s'D/i f� � Signature S r.►.wr<,�v- �! eras%+vt c,,*a, State of " A\ C.01.0, County of r,�Orv►t&P On this a day of .i. �(` `, personally appeared before me, the said name �,evviNkr5\-Qi• to me known and known to me to be the person described in and who executed the foregoing document and he (or she) acknowledged that he (or sh;p executed the same and being duly sworn by me, made oath that the statements in theheforegoing document are true. pC My Commission expires1 O pto lo 0`111I I11i/0i .(Sign6 9‘05cgasy NotoiV QUac Cotol nrilbe Notary Pul1ficj(Official Seal) EAA Guidance DoiPage b, tt 4 131 •lion: April 2014 ROY COOPER Governor ELIZABETH S. BISER Secretary RICHARD E. ROGERS, JR. Director Kimberly Broch 45 Gaston Mountain Road Asheville, NC 28806 Dear Mrs. Broch: NORTH CAROLINA Environmental Quality April 25, 2022 Subject: Request for Additional Information NPDES Application NC0090018 Broch Property Buncombe County The Division has reviewed your application, received on August 6, 2021, for NPDES individual permit NC0090018. To enable us to complete our review in accordance with N.C.G.S. 143-215.1 and 15A NCAC 02H .0105, we need additional or revised information to address the following comments: 1. Local Government Review Form — Buncombe County indicated on the Local Government Review form that there is a zoning or subdivision ordinance in effect for the subject property, however the County did not indicate whether the plans for the proposed facility were consistent with the ordinance. The Division cannot issue a NPDES permit for non -municipal domestic wastewater which a city or county has determined to be inconsistent with the zoning or subdivision ordinance in place. Please request that Buncombe County complete the form by checking either 'Yes' or 'No' for whether the plans for the proposed facility are consistent with the ordinance in effect. We cannot continue processing the permit application for the Broch Property until we have received the additional information requested above. If you have any questions, please contact via e-mail at sydney.carpenter@ncdenr.gov. ec: NPDES Permit Files [Laserfiche] Asheville Regional Office [Laserfiche] GD_E NORTH CAROLINA Department of Environmental Dual Sincerely, Sydney Carpenter Environmental Specialist I NPDES Compliance and Expedited Permitting North Carolina Department of Environmental Quality I Division of Water Resources 512 North Salisbury Street 11617 Mail Service Center I Raleigh, North Carolina 27699-1617 919.707.9000 From: Nathan L. Pennington To: Carpenter, Sydney; Kristy Green; zachCa�securerestoration.com Subject: [External] Broch Application Date: Wednesday, April 27, 2022 2:22:05 PM Attachments: image001.pnq scan e12681 2022-04-27-13-32-05.pdf CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to Report Spam. Good Afternoon, Please see my updated and signed Local Government Review Form. Thanks, Nate Nathan Pennington, CFM Planning Director Planning & Development Department (828) 250-4856 46 Valley St., Asheville, NC 28801 Respect. Integrity. Collaboration. Honesty. Equity. Facebook • Twitter • Instagram • YouTube • Linkedin Sign up to receive emergency texts directly from Buncombe County for breaking health and safety news. Text BCALERT on your smart phone to 99411 to receive alerts on important information such as floods, communicable disease, county office closings, and relevant traffic safety notifications OR visit buncombeready.org Email correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. This electronic communication may contain information that is confidential, privileged, proprietary, or otherwise legally exempt from disclosure. Additionally, the unauthorized disclosure of juvenile, health, legally privileged, proprietary, or otherwise confidential information may be prohibited by law. If you have received this email in error, you are hereby notified that you are not authorized to read, print, retain, copy, or disseminate this communication, any part of it, or any attachments. Please notify the sender immediately and delete all records of this email. There is no intent on the part of the sender to waive any privilege that may attach to this communication. Broch Property Lower Beaverdam Loop Road Candler, NC 28715 (PIN 9605-25-0161) Attachment A. Local Government Review Form General Statute Overview: North Carolina General Statute 143-215.1 (c)(6) allows input from local governments in the issuance of NPDES Permits for non -municipal domestic wastewater treatment facilities. Specifically, the Environmental Management Commission (EMC) may not act on an application for a new non -municipal domestic wastewater discharge facility until it has received a written statement from each city and county government having jurisdiction over any part of the lands on which the proposed facility and its appurtenances are to be located. The written statement shall document whether the city or county has a zoning or subdivision ordinance in effect and (if such an ordinance is in effect) whether the proposed facility is consistent with the ordinance. The EMC shall not approve a permit application for any facility which a city or county has determined to be inconsistent with zoning or subdivision ordinances unless the approval of such application is determined to have statewide significance and is in the best interest of the State. Instructions to the Applicant: Prior to submitting an application for a NPDES Permit for a proposed facility, the applicant shall request that both the nearby city and county government complete this form. The applicant must: • Submit a copy of the permit application (with a written request for this form to be completed) to the clerk of the city and the county by certified mail, return receipt requested. ■ If either (or both) local government(s) fail(s) to mail the completed form, as evidenced by the postmark on the certified mail card(s), within 15 days after receiving and signing for the certified mail, the applicant may submit the application to the NPDES Unit. ■ As evidence to the Commission that the local government(s) failed to respond within 15 days, the applicant shall submit a copy of the certified mail card along with a notarized letter stating that the local government(s) failed to respond within the 15-day period. Instructions to the Local Government: The nearby city and/or county government which may have or has jurisdiction over any part of the land on which the proposed facility or its appurtenances are to be located is required to complete and return this form to the applicant within 15 days of receipt. The form must be signed and notarized. Name of local government Buncombe County (City/County) Does the city/county have jurisdiction over any part of the land on which the proposed facility and its appurtenances are to be located? Yes [VI No [ ] If no, please sign this form, have it notarized, and return it to the applicant. Does the city/county have in effect a zoning or subdivision ordinance? Yes ["No [ ] If there is a zoning or subdivision ordinance in effect, is the plan for the proposed facility consistent t-ke-crt) nce? Yes [" f' No[ ] Date if (2712022_ Signature vY� ity Manager/County. State of fOorfn (liar of,'kUr , County of (aItcc vv.6Y On this 1�� 7 ,4k day of A pre ( , , personally appeared before me, the said name A) A. Ag�V� L , ! evu . ► to me known and known to me to be the person described in and who executed the foregoing document an&.He (or she) acknowledged that he (or she) executed the same and being duly sworn by me, made oath that the statements in the foregoingfodocument are true. j My Commission expires 3 ' a l — a 1 .(Signature of Notary Public 7 & % .�1 Notary Public (Official Seal) T. Mile White NOTARY PUBLIC q, Buncombe County 4",1' North Carolina {•' My Commission Expires 0 3 4,21/ an EAA Guidance Document Revision: April 2014 Page 9 of 8 CITIZE\TIMES Public Notice North Carolina Environmental Management Commission/NPDES Unit 1617 Flail Service Center Raleigh, NC 27699-1617 Notice of Intent to Issue a NPDES Waste- water Permit NC0090018 Broch Property The North Carolina Environmental Man- agement Commission proposes to issue a NPDES wastewater discharge permit to the person(s) listed below. Written com- ments regarding the proposed permit will be accepted until 30 days after the publish date of this notice. The Director of the NC Division of Water Resources (DWR) may hold a public hearing should there be a significant degree of public interest. Please mail comments and/or information requests to DWR at the above address. In- terested persons may visit the DWR at 512 N. Salisbury Street, Raleigh, NC 27604 to review information on file. Additional in- formation on NPDES permits and this no- tice may be found on our website: httpJ/deqq. nc.gov/about/divisions/water- resources/water-resou rces-permits/ wastewater-branch/npdes-wastewater/ public -notices or by calling (919) 707-3601. Kimberly Brock has applied for a new NPDES discharge permit (NC0090018) for the Broch Property located in Buncombe County. This proposed facility will dis- charge treated domestic wastewater into the Beaverdam Creek in the French Broad River Basin. No parameters are water - quality limited. This discharge may affect future allocations in this portion of the re- ceiving stream. 0005268356 May 25, 2022 PART OF THE USA TODAY NETWORK AFFIDAVIT OF PUBLICATION BUNCOMBE COUNTY NORTH CAROLINA Before the undersigned,a Notary Public, duly commissioned, qualified and authorized by law to administer oaths, personally appeared said legal clerk, who, being first duly sworn, deposes and says: that he/she is the Legal Clerk of The Asheville Citizen -Times, engaged in publication of a newspaper known as The Asheville Citizen -Times, published, issued, and entered as first class mail in the City of Asheville, in Buncombe County and State of North Carolina; that he/she is authorized to make this affidavit and swom statement; that the notice or other legal advertisement, a true copy of which is attached here to, was published in The Asheville Citizen -Times on the following date(s) 05/25/22. And that the said newspaper in which said notice, paper, document or legal advertisement was published was, at the time of each and every publication, a newspaper meeting all of the requirements and qualifications of Section 1-597 of the General Statues of North Carolina and was a qualified newspaper within the meaning of Section 1-597 of the General Statutes of North Carolina. Signed this 25th of May, 2022 , Legal Clerk Sworn to and subscribed before the 25th of May, 2022 Notary Pubof Wisconsin, County of Brown My Commission expires. (828) 232-5830 I (828) 253-5092 FAX 14 O. HENRY AVE. I P.O. BOX 2090 I ASHEVILLE, NC 28802 I (800) 800-4204 SAi AH BERTELSEN Notary Public State of Wisconsin �;