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.
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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 �;