HolidayAveCorr_20181116

Wojoski, Paul A
From: Scott Mitchell<[e-mail]>
Sent: Friday, November 16, 2018 3:18 PM
To: Wojoski, Paul A; Adam Aycock
Cc: Mary Ann Verderber
Subject: RE: [External] 2532 Holiday Avenue Buffer Determination
Good afternoon Paul.
I'm following up on your email below regarding our Neuse Buffer exemption claim for 2532 Holiday Avenue (Wake
County), based on existing uses that are present and ongoing. There is an existing maintained lawn next to the lake that
has been present and maintained since prior to the implementation of the buffer rules. We need your written
concurrence for this exemption, so we can utilize portions of this property that are greater than 25 feet from the lake for
septic system drainfields, as previously permitted by Wake County in 2008. State septic system rules require extensive
wastewater pretreatment prior to dispersal of that treated effluent into drainfields that are less than 50 feet from
surface waters. We are proposing the use of the same AdvanTex wastewater pretreatment system that is approved by
the NPDES Wastewater Permitting Unit for direct discharge systems, so the effluent produced by this system is very
clean. In fact, effluent produced by this system will be cleaner than water in the lake, even before it receives treatment
from soil in the drainfield.
Please let us know when we can meet to discuss this request.
Thanks, and have a great weekend Paul.
Scott Mitchell, PE, LSS
President
Mitchell Environmental, PA
1501 Lakestone Village Lane
Suite 205
Fuquay-Varina, NC 27526
Scott(@MitcheIIEnvironmental.com
Mobile: [phone]
From: Wojoski, Paul A <[e-mail]>
Sent: Wednesday, September 19, 2018 4:32 PM
To: Adam Aycock<[e-mail]>
Cc: Scott Mitchell<[e-mail]>
Subject: FW: [External] 2532 Holiday Avenue Buffer Determination
Hi Adam —
I was forwarded this to look into and I have a few questions: is there a previous septic system installed on the property?
If so, where is it located and what is it's footprint? From what I can tell, a septic system was applied for and permitted in

2007, but yet to be constructed, based on a determination that there was the "presence of an existing and ongoing use
that was in place prior to July 22, 1997." What is that present and ongoing use? A lawn? A septic field? Do you have a
copy of that letter?
If there were a buffer determination done in 2017 that determined the lake and tributary were subject to the NRB rules,
only the footprint of present and on -going uses inside the buffer would be grandfathered. What was there prior to July
22, 1997? If there were a septic system or impervious surface present in the buffer then (prior to July 22, 1997), it's
footprint is grandfathered and allowed to stay in that same footprint. If it wasn't there it's not allowable without a
variance.
Thanks,
Paul
Paul Wojoski
401 & Buffer Permitting Branch
Division of Water Resources
Department of Environmental Quality
[phone] office "Please note new phone number."
[e-mail]
512 N. Salisbury Street (Archdale Building), Suite 942-F, Raleigh, NC 27604
1617 Mail Service Center, Raleigh, NC 27699-1617
�'^Notlhing Compares
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.
From: Higgins, Karen
Sent: Tuesday, September 18, 2018 5:47 PM
To: Wojoski, Paul A <[e-mail]>
Subject: Fw: [External] 2532 Holiday Avenue Buffer Determination
Hey Paul -
I have not been able to get to this - can you please respond?
Thanks!
-Karen

Thanks -
Karen
Karen Higgins
401 & Buffer Permitting Branch Supervisor
Division of Water Resources
Department of Environmental Quality
919 807-6360 office
[e-mail]
512 N. Salisbury Street, Suite 942-E, Raleigh, NC 27604
1617 Mail Service Center, Raleigh, NC 27699-1617
E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to
third parties.
From: Adam Aycock<[e-mail]>
Sent: Monday, September 10, 2018 2:59 PM
To: Higgins, Karen
Cc: Smith, Danny; Goss, Stephanie; Scott Mitchell
Subject: [External] 2532 Holiday Avenue Buffer Determination
Good afternoon Ms. Higgins.
Mitchell Environmental is working on project located at 2532 Holiday Avenue in Zebulon (Wake County PIN:
2716560263). The lot is adjacent to Bunn Lake and we need a new buffer determination. The owners are
trying to build a new home on the property, which requires a new septic system (with pretreatment);
however, a portion of the septic system will be located within 50 ft of Bunn Lake. Just to give you some
background information, Scott Mitchell (my boss, also copied on this email) worked on designing a septic
system for this lot in 2007/2008. During that time, he received a letter from DWR stating that this property
was not subject to NRB rules, due to the presence of an existing and ongoing use that was in place prior to July
22, 1997. Wake County Environmental Services issued a permit for the septic design completed by Scott, and
the permit would not have been issued if the property was subject to the NRB rules. We are trying to get a
new buffer determination showing this lot is exempt from NRB rules in order for Wake County to issue an
updated permit for the septic system designed by Scott in 2008. On October 20, 2017, DHHS Division of Public
Health sent out a memorandum with a new General Statute (G.S. 130A-336; attached) allowing for a
wastewater system that had a permit issued or was authorized by a local health department from January 1,
2000, to January 1, 2015, which had not been acted upon (which the permit for this lot was not) and would
have otherwise expired, shall remain valid until January 1, 2020. Based upon this, the permit issued by Wake
County Environmental Services on July 23, 2008 is now valid. The confusion comes in when determining if the

NRB rules apply now, even if the lot was found to be exempt in 2007/2008 when the wastewater permit was
issued. 15A NCAC 02B .0233 (3) (b) states exemption from the NRB if the existing use (maintained lawn, and
will be afterseptic installation) is present and ongoing prior to July 22, 1997, which it is currently and has been
maintained since at least 1988 (see attached aerial). According to the buffer determination dated October 4,
2017, Bunn Lake and stream A are subject to buffers. What do we need to submit to you in order for you to
issue a letter showing the lake front of the lot exempt for the NRB rules? Please keep in mind that the septic
system will have pretreatment that meets the standards of NPDES systems that are directly discharged to
streams/channels as required by state rules to reduce the setback between septic drainfields and surface
waters.
Please confirm receipt including the 6 attachments, and please do not hesitate to reach out for additional
information or clarification. Thank you for your help!!
Have a great afternoon!
Adam Aycock, El
Environmental Engineer 11
Mitchell Environmental, PA
1501 Lakestone Village Lane
Suite 205
Fuquay-Varina, NC 27526
252-213-1374