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HomeMy WebLinkAboutWQ0035809_More Information Received_20221117Initial Review Reviewer Thornburg, Nathaniel D Is this submittal an application? (Excluding additional information.) * Yes No If not an application what is the submittal type?* Annual Report Residual Annual Report Additional Information Other Permit Number (IR) * WQ0035809 Applicant/Permittee Old North State Water Company, LLC Email Notifications ....... ........ ................. ................. .......... . Does this need review by the hydrogeologist? * Yes No Regional Office CO Reviewer Admin Reviewer Submittal Form Project Contact Information Please provide information on the person to be contacted by NDB Staff regarding electronic submittal, confirmation of receipt, and other correspondence. ............................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................ Name* John Phillips Email Address* jfphillips@bellsouth.net Project Information Application/Document Type* New (Fee Required) Modification - Major (Fee Required) Renewal with Major Modification (Fee Required) Annual Report Additional Information Other Phone Number* 919-880-3640 Modification - Minor Renewal GW-59, NDMR, NDMLR, NDAR-1, N DAR-2 Residual Annual Report Change of Ownership We no longer accept these monitoring reports through this portal. Please click on the link below and it will take you to the correct form. hftps://edocs.deq.nc.gov/Forms/NonDischarge_Monitoring_Report Perm it Type:* Wastewater Irrigation High -Rate Infiltration Other Wastewater Reclaimed Water Closed -Loop Recycle Residuals Single -Family Residence Wastewater Other Irrigation Permit Number: * WQ0035809 Has Current Existing permit number Applicant/Permittee Address* PO Box 10127 Birmingham, AL 35202 Facility Name* Stateside WWTP Please provide comments/notes on your current submittal below. No comments here - cover letter with responses to additional information requests provided in PDF. At this time, paper copies are no longer required. If you have any questions about what is required, please contact Nathaniel Thornburg at nathaniel.thornburg@ncdenr.gov. Please attach all information required or requested for this submittal to be reviewed here. (Application Form, Engineering Plans, Specifications, Calculations, Etc.) Stateside WWTP Permit Renewal Additional Information 11- 15.02 M B 17-22.pdf Upload only 1 PDF document (less than 250 MB). Multiple documents must be combined into one PDF file unless file is larger than upload limit. * By checking this box, I acknowledge that I understand the application will not be accepted for pre -review until the fee (if required) has been received by the Non - Discharge Branch. Application fees must be submitted by check or money order and made payable to the North Carolina Department of Environmental Quality (NCDEQ). I also confirm that the uploaded document is a single PDF with all parts of the application in correct order (as specified by the application). Mail payment to: NCDEQ — Division of Water Resources Attn: Non -Discharge Branch 1617 Mail Service Center Raleigh, NC 27699-1617 Signature r� �7 c o 7• L%`rruli Submission Date 11/17/2022 DIEHL & PHILLIPS, P.A. CONSULTING ENGINEERS WILLIAM C. DIEHL, P.E. 1500 Piney Plains Rd., Suite 200 JOHN F. PHILLIPS, P.E. Cary, North Carolina 27518 ALAN R. KEITH, P.E. Telephone (919) 467-9972 Fax (919) 467-5327 November 16, 2022 Mr. Erick Saunders, Engineer NC DEQ, Division of Water Resources 1617 Mail Service Center Raleigh, NC 27699-1617 Re: Application No. WQ0035809 Additional Information Request Stateside WWTP High Rate Infiltration System Onslow County Dear Mr. Saunders: On behalf of Old North State Water Company, LLC, we offer the following responses to your request for additional information. The updated permit renewal document package is attached. A. High-Rate Infiltration System Renewal Form HRIS-R 02-21 1. Section VI of the form has been completed to provide the location of the high rate infiltration ponds. Ponds No. 3, 4, and 5 have been constructed; ponds No. 1 and 2 have not yet been constructed. 2. Section VIII has been updated to list all of the previously permitted monitoring wells. Wells MW-4, MW-5, and MW-6 have been constructed; wells MW-1, 2, and 3 have not yet been constructed. 3. Section IX of the application has been updated to include the three constructed ponds as well as the two not yet constructed. 4. A. Sydes Construction is the current owner of the land, and is also the developer of the Stateside development. John McDonald has been in discussions with Mr. Sydes to obtain control of the property where the plant and ponds are located. The Agreement between Sydes and ONSWC (copy of the Agreement is attached to the previous issue of the permit) stipulated that Sydes would transfer ownership of the property containing the treatment plant and infiltration ponds to Old North State Water Company, but that transfer has not yet been completed. Mr. McDonald is diligently working with Mr. Erick Saunders November 16, 2022 Page 2 of 2 Mr. Sydes to have the transfer of the site completed as soon as possible, and we will update the Division as soon as this is accomplished. B. Attachment G Easement, Encroachment, and Lease Agreement: See response to A.4 above. C. Attachment I Compliance Schedules: 1. Condition I.3. The Residuals Management Plan that is in place is an agreement with Lewis Farms and Liquid Waste, Inc, who periodically removes thickened sludge from the sludge holding tank at the Stateside Wastewater Plant and applies it to the sites permitted under permit no. WQ0000455. A copy of that permit is included in the attached document package. 2. Condition I.5. I have included a September 4, 2020 letter to John McDonald from Ed Andrews, PG, NCLSS, that is the hydrologic certification for Infiltration Pond No. 3 (for 108,900 gallons per day). In the letter he states that he certified Infiltration Pond No. 5 (for 50,000 gpd) to Mr. Charles Donnell, PE, (of Envirolink, the former operators of the Stateside facility) in a verbal communication. This letter also contains a summary table where Mr. Andrews states the efficiency of Pond No. 5 was 51.7% of the permitted value, further confirming the pond was previously evaluated. Old North State Water Company does not have any documentation of the certification of Pond No. 5 in the files turned over by Envirolink, and Mr. Andrews has not found any additional records or notes regarding his evaluation of Pond No. 5. D. Existing Permit Old North State Water Company does not have the Well Construction Record forms (GW-1) for the monitoring wells that were constructed while Envirolink was operating the facility. We understand some of these responses do not provide the requested documentation. The files and records provided to ONSWC by Envirolink when Envirolink ceased to operate the facility were apparently not complete, and ONSWC does not possess the missing documents. Please advise how the Division would like for us to proceed regarding these missing items. Yours very truly, Diehl & Phillips, P.A. Cc: John F. Phillips, P.E. Mr. John McDonald, ONSWC Mr. Sean McMillen, ONSWC Ms. Erica Cochran DIEHL & PHILLIPS, P.A. CONSULTING ENGINEERS WILLIAM C. DIEHL, P.E. 1500 Piney Plains Road, Suite 200 JOHN F. PHILLIPS, P.E. Cary, North Carolina 27518 ALAN R. KEITH, P.E. Telephone (919) 467-9972 Fax (919) 467-5327 TRANSMITTAL November 16, 2022 TO: Non-Discharge Branch Water Quality Permitting Section, DWR FROM: John F. Phillips, P.E. RE: Permit Renewal Application Submittal Stateside WWTP WQ0035809 Onslow County No. Of Description Remarks Copies High Rate Infiltration System Renewal Updated per Additional 1 Form HRIS-R 02-21 Information Request Updated per Additional 1 Attachment A Site Maps Information Request Attachment D Certificate of Public 1 Convenience and Necessity Attachment H Updated Affiliations 1 Updates shown in red information 1 Attachment L Setback Waiver 2020 letter from Ed Andrews certifying Pond # 1 Hydrogeologic Certification Pond #3 3, and including a table that indicates he previously inspected and tested #5 Cc: Mr. John McDonald Mr. Sean McMillan Ms. Erica Cochran State of North Carolina Department of Environmental Quality Division of Water Resources 15A NCAC 02T .0700 HIGH-RATE INFILTRATION SYSTEM RENEWAL FORM: HRIS-R02-21 Pursuant to 15A NCAC 02T .0107(b), if the application does not include all required information and the necessary supporting documentation, the application shall be returned. The application and attachmentsshall be prepared in accordance with 15A NCAC 02T .0100, 15A NCAC 02T .0700, and Division Policies. For more information, visit the Water Quality Permitting -Discharge Branch website. The Applicant shall submit anelectronic copy of the application and attachments uploaded as a single Portable Document Format (PDF) file tohttps://edocs.deq.nc.gov/Forms/NonDischarge-Branch-Submittal- Form-Ver2, or emailed to Non-Discharge.Reports@ncdenr.govif less than 20 megabytes (MB). SECTION I APPLICANT INFORMATION 1.Applicant: Old North State Water Company, LLC 2.Permit No.: WQ0035809 3.Signature authority: John McDonaldTitle: Managing Member Phone number: (205) 326-3200OfficeEmail: jmcdonald@onswc.com 4.Mailing address: PO Box 10127 City: BirminghamState: ALZip: 35202- 5.Contact person: John McDonaldEmail: jmcdonald@onswc.com Primary phone number: (205) 326-3355CellSecondary phone number: (205) 326-3200Office SECTION II FACILITY INFORMATION 1.Physical address: 338 Quaker Bridge RoadCounty: OnslowParcel No.: 445103438215 City: Unincorporated area of Onslow CountyState: NCZip: - 2.Treatment facility coordinates to the sixth decimal degree: Latitude: 34.879025°Longitude: -77.480314°Method: Map interpretation by extraction SECTION III FLOW INFORMATION 1.Permitted flow: 100000GPD (The maximum allowable flow based on what has been permitted) 2.As-built flow: 100000GPD (The maximum allowable flow based on whathas been constructed) 3.Average flow: 29557GPD () 4.Hydraulic capacity: 29%(Divide the average flow in Item 3 by the As-built flow in Item 2) 5.Wastewater composition: Domestic : 100%Industrial: %Stormwater: % SECTION IVBILLING INFORMATION 1.Billing address: PO Box 10127 City: BirminghamState: ALZip: 35202- 2.Verify the Applicant does not have any overdue annual fees: https://deq.nc.gov/about/divisions/water-resources/water-resources-permits/wq-epayments Pursuant to 15A NCAC 02T .0120(c), permits for renewing facilities shall not be granted if the Applicant or any affiliation has an unpaid annual fee. FORM: HRIS-R 02-21Page 1 of 6 SECTION V OPERATOR IN RESPONSIBLE CHARGE (ORC) INFORMATION 1.ORC: Jeffrey Jarman Grade: WW-4 Certification No.: 13491 Mailing address: 156 Summersill School Road City: Jacksonville State: NC Zip: 28640- Phone number: (910) 330-8167 Cell Email: moonwalk3@gmail.com 2.Back-Up ORC: Zachary Combs Grade: WW-2 Certification No.: 1011977 Mailing address: 74 Crush Ct City: Swansboro State: NC Zip: 28584- Phone number: (910) 650-1366 Cell Email: zcombs@onswc.com SECTION VI OPEN-ATMOSPHERE STRUCTURES 1. List all open-atmosphere treatment and storage structures associated with the renewing permit. Attach additional sheets if necessary. Type Parcel No. Volume (gal) Liner Type Freeboard (ft) Latitude Longitude Select See Attached Select . ° - . ° Select Sheet Select . ° - . ° Select Select . ° - . ° Select Select . ° - . ° SECTION VII RELATED PERMITS 1.List all wastewater permits (i.e., sewer, collection system, NPDES, residuals) that have interactions with the renewing permit. Attach additional sheets if necessary. Permit Type Permit No. Relationship Type Sewer WQ0038128 Discharging collection system Select Select Select Select Select Select SECTION VIII MONITORING WELLS 1.List all groundwater monitoring wells associated with the renewing permit. Attach additional sheets if necessary. Well Name Parcel No. Status Gradient Location Latitude Longitude MW-4 445103438215 Active Upgradient On Review Boundary 34.879383° -77.480439° MW-5 445103438215 Active Downgradient On Compliance Boundary 34.879864° -77.479139° MW-6 445103438215 Active Downgradient Between CB and RB 34.881144° -77.479908° Select Select Select . ° - . ° MW-1 445103438215 Never Built Select Select . ° - . ° MW-2 445103438215 Never Built Select Select . ° - . ° MW-3 445103438215 Never Built Select Select . ° - . ° Select Select Select . ° - . ° Select Select Select . ° - . ° Select Select Select . ° - . ° Select Select Select . ° - . ° FORM: HRIS-R 02-21 Page 2 of 6 °°°°° Longitude 77.48241377.48191977.48042577.48023577.479990 ----- °°°°° Latitude 34.87996234.87977534.87993834.88017634.880490 RUCTURES 22222 (ft) Freeboard Type Liner TMOSPHERE ST UnlinedUnlinedUnlinedUnlinedUnlined A PEN O NANANANANA Volume SECTION VI Parcel No. 445103438215445103438215445103438215445103438215445103438215 Type InfiltrationInfiltrationInfiltrationInfiltrationInfiltration SECTION IX INFILTRATION SITES 1.List all infiltration sites associated with the renewing permit. Attach additional sheets if necessary. Site County Parcel No. Deeded Owner Area Cover Crop Latitude Longitude 3 Onslow 445103438215 A. Sydes Construction Co. 0.83 NA 34.879938° -77.480425° 4 Onslow 445103438215 A. Sydes Construction Co. 0.51 NA 34.880176° -77.480235° 5 Onslow 445103438215 A. Sydes Construction Co. 0.43 NA 34.880490° -77.479990° . ° - . ° 1 Onslow 445103438215 A. Sydes Construction Co. 0.47 NA 34.879962° -77.482413° 2 Onslow 445103438215 A. Sydes Construction Co. 0.45 NA 34.879775° -77.481919° . ° - . ° . ° - . ° . ° - . ° . ° - . ° . ° - . ° . ° - . ° . ° - . ° . ° - . ° . ° - . ° . ° - . ° . ° - . ° . ° - . ° . ° - . ° . ° - . ° . ° - . ° . ° - . ° . ° - . ° . ° - . ° . ° - . ° . ° - . ° . ° - . ° . ° - . ° . ° - . ° . ° - . ° . ° - . ° . ° - . ° . ° - . ° . ° - . ° . ° - . ° . ° - . ° Total Acreage: FORM: HRIS-R 02-21 Page 3 of 6 ATTACHMENT A SITE MAP Was the facility originally permitted or had a major modification issued after September 1, 2006? Yes Pursuant to 15A NCAC 02T .0105(d), submit a site map pursuant to the requirements in 15A NCAC 02T .0704(d). These requirements are: A scaled map of the site with topographic contour intervals not exceeding 10 feet or 25 percent of total site relief and showing all facility-related structures and fences within the wastewater treatment, storage, and infiltration areas. Soil mapping units shown on all infiltration sites. The location of all wells (including usage and construction details if available), streams (ephemeral, intermittent, and perennial), springs, lakes, ponds, and other surface drainage features within 500 feet of all wastewater treatment, storage, and infiltration sites. Delineation of the compliance and review boundaries per 15A NCAC 02L .0107 and .0108. Setbacks as required by 15A NCAC 02T .0706. Site property boundaries within 500 feet of all wastewater treatment, storage, and infiltration sites. All habitable residences or places of public assembly within 500 feet of all treatment, storage, and infiltration sites. No Skip Attachment A. ATTACHMENT B SIGNATURE AUTHORITY DELEGATION Does the signature authority in Section I, Item 3 meet the requirements pursuant to 15A NCAC 02T .0106(b)? Yes Skip Attachment B. No Submit a delegation letter pursuant to 15A NCAC 02T .0106(c) authorizing the signature authority to sign. ATTACHMENT C FLOW REDUCTION Does the existing permit include an approved flow reduction? Yes Submit a copy of the flow reduction approval letter, as well as the measured monthly average amount of wastewater flow contributed per unit for the 12 months prior to permit renewal. If any of these monthly averages are within 20% of the approved flow reduction value, the Permittee shall provide a reevaluation of the reduced flow value pursuant to the requirements in 15A NCAC 02T .0114(f). No Skip Attachment C. ATTACHMENT D CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY Is the Applicant a Privately-Owned Public Utility? Yes Pursuant to 15A NCAC 02T .0115(a)(1), submit the Certificate of Public Convenience and Necessity from the North Carolina Utilities Commission demonstrating the Applicant is authorized to hold the utility franchise. No Skip Attachment D. ATTACHMENT E OPERATIONAL AGREEMENT Is the Applicant a Home/Property Owners' Association or Developer of Lots to be Sold? Yes (Home/Property Owners' Association) Pursuant to 15A NCAC 02T .0115(a)(2), submit an executed Operational Agreement (FORM: HOA). Pursuant to 15A NCAC 02T .0115(c), if the applicant is a legally formed Homeowners' or Property Owner's Association, submit a copy of the Articles of Incorporation, Declarations, and By-laws. Yes (Developer of Lots to be Sold) Pursuant to 15A NCAC 02T .0115(a)(2), submit an executed Operational Agreement (FORM: DEV). Pursuant to 15A NCAC 02T .0115(b), if the applicant is a developer of lots to be sold, submit a copy of the Articles of Incorporation, Declarations, and By-laws. No Skip Attachment E. FORM: HRIS-R 02-21 Page 4 of 6 ATTACHMENT F DEMONSTRATION OF FUTURE WASTEWATER TREATMENT CAPACITIES Is the applicant a municipality, county, sanitary district, or public utility? Yes Proceed to the next question. No Skip Attachment F. Does the hydraulic capacity in Section III, Item 4 exceed 70%? Yes (the hydraulic capacity is greater than 70%, but less than 80%) Pursuant to 15A NCAC 02T .0118(1), prior to exceeding 80 percent of the system's permitted hydraulic capacity (based on the average flow during the last calendar year), the permittee shall submit an engineering evaluation of their future wastewater treatment, utilization, and disposal needs. This evaluation shall outline plans for meeting future wastewater treatment, utilization, or disposal needs by either expansion of the existing system, elimination or reduction of extraneous flows, or water conservation and shall include the source of funding for the improvements. If expansion is not proposed or is proposed for a later date, a justification shall be made that wastewater treatment needs will be met based on past growth records and future growth projections, and as appropriate, shall include conservation plans or other measures to achieve waste flow reductions. Yes (the hydraulic capacity greater than 80%) Proceed to the next question. No Skip Attachment F. If answered Yes above, does the hydraulic capacity in Section III, Item 4 exceed 80%? Yes (the hydraulic capacity is greater than 80%) Pursuant to 15A NCAC 02T .0118(2), prior to exceeding 90 percent of the system's permitted hydraulic capacity (based on the average flow during the last calendar year), the permittee shall obtain all permits needed for the expansion of the wastewater treatment, utilization, or disposal system and, if construction is needed, submit final plans and specifications for expansion, including a construction schedule. If expansion is not proposed or is proposed for a later date, a justification shall be made that wastewater treatment needs will be met based on past growth records and future growth projections, and as appropriate, shall include conservation plans or other specific measures to achieve waste flow reductions. No Skip Attachment F. ATTACHMENT G EASEMENT, ENCROACHMENT, AND LEASE AGREEMENTS Does the Permittee own all of the land associated with the wastewater collection, treatment, conveyance, infiltration, and groundwater lowering (if applicable) system? Yes Skip Attachment G. No Pursuant to 15A NCAC 02T .0116(c), provide a copy of all easements, lease agreements, and encroachment agreements allowing the Permittee to operate and maintain the wastewater collection, treatment, conveyance, infiltration, and groundwater lowering (if applicable) system on property not owned by the Permittee. ATTACHMENT H AFFILIATIONS f record correct? Check affiliations. Yes Skip Attachment H. No Provide the corrected affiliations and their contact information. ATTACHMENT I COMPLIANCE SCHEDULES Does the existing permit include any Compliance Schedules? (See Section I of the most recently issued permit) Yes Submit documentation that the compliance schedules have been met. No Skip Attachment I. ATTACHMENT J CIVIL PENALTIES AND OUTSTANDING VIOLATIONS Does the Permittee have any existing civil penalties or outstanding violations? Yes (civil penalties) Submit payment for the civil penalty, or proof of remission request. Yes (violations) Submit a copy of your response to the Notice of Violation. No Skip Attachment J. FORM: HRIS-R 02-21 Page 5 of 6 STATE OF NORTH CAROLINA RALEIGH On October 27, 2017, Old North State Water Company, LLC (Old North State), filed an amended application seeking a certificate of public convenience and necessity to provide wastewater utility service in Stateside Subdivision consisting of Bennett Place, Roanoke Bay, and Somerset Place in Onslow County, North Carolina, and approval of rates. Old North State proposes to charge a monthly flat rate of $45.00 per single family residential equivalent (SFRE). July 30, 2018. Based upon the verified application and the entire record in this matter, the Commission makes the following FINDINGS OF FACT 1. Old North State presently holds water franchises serving approximately 406 customers and wastewater franchises serving approximately 2,643 customers in North Carolina. Old North State 2. Old North State expects eventually to serve 201 wastewater customers in the first phase and eventually 400 wastewater customers at buildout in Stateside Subdivision. The service area is shown on plans filed with the application. 3. The North Carolina Department of Environmental Quality (NCDEQ), Division of Water Resources (DWR), Water Quality Permitting Section, has issued permit number WQ0035809, dated March 1, 2017, for the construction of the Stateside Wastewater Treatment Plant (Stateside WWTP). NCDEQ, DWR, Water Quality Permitting Section, has issued permit number WQ0038128, dated May 11, 2017, for the construction and operation of the Stateside Subdivision wastewater collection system. 4. Old North State has entered into an Agreement dated August 10, 2015 (Developer Agreement), with A. Sydes Construction, Inc. (Developer), under which Developer is installing the wastewater collection system and effluent infiltration ponds. Old North State is requesting a connection fee of $3,500 per SFRE for wastewater service, to be paid by the builder or person first requesting service to a particular lot. The Developer Agreement provides for Old North State to design and construct at its cost the Stateside WWTP at the approximate cost of $1.6 million. The first 300 SFREs will pay connection fees being contributions in aid of construction totaling $1,050,000. The Public Staff stated at the July 30, 2018 Commission Staff Conference that in future general rate cases the Public Staff will evaluate whether to recommend an excess plant rate base adjustment for the Stateside WWTP. Old North State is purchasing the wastewater system for $3,500 per SFRE from Developer, payable quarterly based upon the number of connections installed during the previous quarter. The purchase price payments shall st begin with the 301 connection to the wastewater collection system. 5. Old North State has filed all exhibits required with the application. 6. Old North State has the technical, managerial, and financial capacity to provide water utility service in this franchise location. 7. The Public Staff has recommended that Old North State be required to post a $10,000 bond for Stateside Subdivision. Old North State currently has $600,000 of bonds posted with the Commission. Of this amount, $440,000 of bond surety is assigned to specific subdivisions, and $160,000 of bond surety is unassigned. CONCLUSIONS Based on the foregoing and the recommendations of the Public Staff, the Commission concludes that $10,000 of Old North State be assigned to Stateside Subdivision; that the wastewater utility franchise requested by Old North State in Stateside Subdivision should be granted; that the connection fee of $3,500 per SFRE for wastewater service should be approved; and that the requested rates should be approved. IT IS, THEREFORE, ORDERED as follows: 1. That $10,000 of Old North State Stateside Subdivision. The remaining unassigned bond surety shall be $130,000 (a total of $30,000 is being assigned concurrently in Docket No. W-1300, Subs 15, 44, and 45). 2. That Old North State is granted a Certificate of Public Convenience and necessity to provide wastewater utility service in Stateside Subdivision in Onslow County, North Carolina. 2 3. That Appendix A constitutes the Certificate of Public Convenience and Necessity. 4. That the Schedule of Rates attached as Appendix B is approved for Old North State in the Stateside . ISSUED BY ORDER OF THE COMMISSION. NORTH CAROLINA UTILITIES COMMISSION Janice H. Fulmore, Deputy Clerk Chairman Edward S. Finley, Jr., and Commissioner Charlotte A. 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