HomeMy WebLinkAboutWQ0044451_More Information (Requested)_20230822ROY COOPER Governor lktv
ELIZABETH S. BISERSecretary
RICHARD E. ROGERS, JR. NORTH CAROLINA
Director Environmental Quality
August 22, 2023
TIM SMITH — MANAGER
BLUE TREASURE LLC
100 MATRix DRIVE 8000
CARY, NORTH CAROLINA 27513
Dear Mr. Smith:
Subject: Application No. WQ0044451
Additional Information Request
Town of Beaufort HRIS
High -Rate Infiltration System
Carteret County
Division of Water Resources' Central and Regional staff has reviewed the application package
received on June 2, 2023. However, additional information is required before the review may be completed.
Please address the items on the attached pages no later than the close of business on September 21, 2023.
Please be aware that you are responsible for meeting all requirements set forth in North Carolina
rules and regulations. Any oversights that occurred in the review of the subject application package are
still the Applicant's responsibility. In addition, any omissions made in responding to the outstanding items
in Sections A through O, or failure to provide the additional information on or before the above -requested
date may result in your application being returned as incomplete pursuant to 15A NCAC 02T .0107(e)(2).
Please reference the subject application number when providing the requested information. All
revised and/or additional documentation shall be signed, sealed, and dated (where needed), with an
electronic response submitted to my attention at: httl)s:Hedocs.de(i.nc.2ov/Forms/NonDischar2e-Branch-
Submittal-Form-Ver2.
If you have any questions regarding this request, please contact me at (919) 707-3658 or
zachary.mega@deq.nc.gov. Thank you for your cooperation.
Sincerely,
Docuftned by:
Ate" ASY-
45A56104B4524E7
Zachary J. Mega, Engineer III
Division of Water Resources
cc: Wilmington Regional Office, Water Quality Regional Operations Section (Electronic Copy)
Adam J. Paukovich, PE — McKim & Creed, Inc. (Electronic Copy)
Laserfiche File (Electronic Copy)
Q North Carolina Department of Environmental Quality I Division of Water Resources
D E7> 512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617
NORTH CAROLINA
oePemmem of Environmental uuar� /`� 919.707.9000
Mr. Tim Smith
August 22, 2023
Page 2 of 7
A. Overall:
The submitted application package does not provide detail in the Engineering Plans, Specifications,
and Engineering Calculations for how treated wastewater will be piped from the existing Beaufort
WWTP (NPDES Permit No. NC0021831) to the modified high -rate infiltration basin (HRIB).
Please revise the application package to show this. When this information is received, a more
detailed review of the Engineering Plans, Specifications, and Engineering Calculations will be
performed.
2. Chad Coburn of the Wilmington Regional Office (WiRO) has pointed out that the Permittee (either
Blue Treasure LLC or the Town of Beaufort) may be required to register and report groundwater
withdrawals in the Central Coastal Plain Capacity Use Area (CCPCUA). 15A NCAC 02E .0505
requires any person that withdraws more than 10,000 GPD of surface water or groundwater within
the CCPCUA to register with the Division. 15A NCAC 02E .0502 requires any person that
withdraws more than 100,000 GPD of groundwater within the CCPCUA using a well, group of
wells operated as a system, or sump to obtain a water use permit from the Division. Please contact
the Groundwater Resources Section for more information on the facility's applicability to the above
rules.
B. Cover Letter:
1. No comment.
C. Aimlication Fee:
1. No comment.
D. AmAication (Form: HRIS 06-16):
Item 111.1 — The listed Professional Engineer does not match the Professional Engineer's
Certification or the Engineering Plans. Please revise.
2. Item III.2 — The listed Soil Scientist does not match any of the provided documentation. Please
revise the listed Soil Scientist based on the latest Soil Evaluation. See Comment F.1.
3. Item III.4 — An Agronomist Evaluation is not required for this facility if no cover crop is proposed.
Please remove this contact information.
4. Item IV.7 —
a. "Yes" was selected for this item. Please provide the approved flow reduction letter per 15A
NCAC 02T .0114(f).
b. Please complete the table that determines the Average Daily Flow (ADF) to correctly add up
to 350,000 GPD.
Mr. Tim Smith
August 22, 2023
Page 3 of 7
Item IV.10 — Please note that if groundwater sampling locations will be in the proposed
groundwater lowering system (GWLS) instead of a monitoring well network, these points would
be located outside of the HRIB's compliance boundary. Subsurface groundwater lowering drainage
systems are prohibited within the compliance boundary per 15A NCAC 02T .0705(v). Monitoring
the GWLS effluent outside of the compliance boundary could be immediately subject to corrective
action requirements listed in 15A NCAC 02L .0106(e) if there is an exceedance of groundwater
standards.
6. Item IV.12 —If Blue Treasure LLC is to be the Permittee for this proposed facility they would be
acting as a Developer of lots to be sold. Please submit a Developer's Operational Agreement
(Form: DEV 01-20), which can be found on the Non -Discharge website. See Comment D.16.
7. Item V.1 —
a. Please provide documentation for the Beaufort WWTP that justifies the influent concentrations
and designed effluent concentrations provided.
b. The NPDES permit for the Beaufort WWTP (Permit No. NCO021831) does not contain nitrate
(NO3-N) which requires a monthly average of 10 mg/L for new high -rate systems as per 15A
NCAC 02T .0705(b)(1)(E). Please provide sample data or predictive treatment calculations
from the Town of Beaufort WWTP showing that a monthly average of 10 mg/L can be met.
c. The Beaufort WWTP's NPDES permit contains Total Nitrogen (TN) and Total Phosphorous
(TP) but has no limit established for either. Recent Discharge Monitoring Reports (DMRs)
were reviewed for the Beaufort WWTP and found to not meet the proposed permit limits of 4
mg/L for TN and 2 mg/L for TP. Please provide historical data showing that the TN and TP
limits can be met per 15A NCAC 02T .0706(c).
8. Section VI — Please note that a five-day upset pond is not required for this proposed facility. Form:
HRIS 06-16 references outdated rules. See Comment D.12. No response is reauired.
9. Items VII.3 and VIIA —A recommended hydraulic loading rate (GPD/fe) is required from the Soil
Evaluation per Instruction E on Form: HRIS 06-16 and 15A NCAC 02T .0704(b). Please revise
these items based on the latest Soil Evaluation. See Comment F.1.
10. Item VII.9.b —
a. Please revise the infiltrative surface area and the daily infiltrative capacity based on the
freeboard elevation water surface area.
b. The embankment slope is listed as 1V:4H here, however, the Hydrogeologic Report states the
excavated slopes were installed at an average of 1V:2.4H. Please verify and revise.
c. Please respond to Item VII.9.b.v.
11. Item VIII.3 —
a. The latest aerial imagery shows that off -site habitable residences have been constructed west
of the existing HRIB. Please provide the minimum field -observed distances in the table and
ensure that 100' setbacks are met using the freeboard elevation contour as the HRIB boundary.
If not, please provide signed, notarized, and recorded setback waivers for the current property
owners per 15A NCAC 02T .0706(e) or revise the application package to meet these setbacks.
Setback waivers can be found on the Non -Discharge website.
Mr. Tim Smith
August 22, 2023
Page 4 of 7
b. The listed minimum field -observed distance to surface waters is 50'. The Engineering Plans
show the wetland boundaries as close as 30' to the freeboard elevation contour of the HRIB.
The minimum setback to wetlands with a TN and TP of 4 mg/L and 2 mg/L is 50'. Please
revise the application package to meet this setback.
c. The listed minimum field -observed distance to subsurface GWLS is 33'. The minimum
setback to subsurface GWLS with a TN and TP of 4 mg/L and 2 mg/L is 50'. Please revise the
application package to meet this setback.
[15A NCAC 02T .07061
12. Item VIII.S — Form: HRIS 06-16 references outdated rules. The High -Rate Policy does not apply
to new HRIS facilities. The High -Rate Policy has been incorporated into the current 02T rules.
New HRIS facilities shall meet the current design criteria and setbacks outlined in 15A NCAC 02T
.0705 and 02T .0706. No response is required.
13. Section IX —
a. Form: HRIS 06-16 references outdated rules. 15A NCAC 02H .0400 has been repealed and
incorporated into the current 02T rules. New facilities classified as Coastal Interim will not
have to adhere to the rules described in this application section. If Blue Treasure LLC will be
the Permittee, the proposed facility will be a Coastal Interim Facility. If the Town of Beaufort
will be the Permittee, the proposed facility will not be a Coastal Interim Facility. There are no
other additional requirements if a facility is classified as Coastal Interim Facility at this time.
See Comment D.16. No response is required.
b. The submitted application package does not meet 15A NCAC 02T .0705(v), which requires
disposal units to be provided in duplicate. Please either revise the application package to
propose a second HRIB or request Alternative Design Criteria (ADC) per 15A NCAC 02T
.0105(n).
14. Item X.3 —
a. A mechanical GWLS is specified in this section but the item was not completed. Please provide
the date the Applicant obtained written confirmation from the Water Quality Regional
Operations Section that the operation of the GWLS will not adversely affect the surface waters
of the State.
b. The submitted application package shows the proposed GWLS discharging into an upstream
tributary of Town Creek via an outlet pipe. This groundwater discharge may be an addition of
pollutants from the basin disposal system into jurisdictional water, which would require a
permit under the Clean Water Act (CWA) using new guidance from the Supreme Court of the
United States' (the Court's) decision in the County of Maui, Hawaii v. Hawaii Wildlife Fund
case (hereby referred to as the Maui Case). The CWA forbids any addition of any pollutant
from any point source into jurisdictional surface waters without an appropriate permit from the
Environmental Protection Agency (EPA). The Court's decision in the Maui Case clarifies that
a permit is required when there is an addition of any pollutant through a direct discharge from
a point source into navigable waters or when there is a functional equivalent of a direct
discharge (hereby referred to as a "functional equivalent"). Several factors were provided in
the Court's decision to determine whether a particular discharge would be considered a
"functional equivalent", including:
Mr. Tim Smith
August 22, 2023
Page 5 of 7
"(1) transit time, (2) distance traveled, (3) the nature of the material through which the
pollutant travels, (4) the extent to which the pollutant is diluted or chemically changed as
it travels, (5) the amount of [the] pollutant entering the navigable waters relative to the
amount of the pollutant that leaves the point source, (6) the manner by or area in which the
pollutant enters the navigable waters, (7) the degree to which the pollution (at that point)
has maintained its specific identity"
Based on the proximity of the GWLS to the HRIB, the discharge of lowered groundwater
surrounding this basin may cause the addition of pollutants into jurisdictional surface water
features as a "functional equivalent". A NPDES permit shall be obtained for the direct
discharge of this lowered groundwater unless it is explicitly demonstrated this would not lead
to a "functional equivalent". This demonstration shall include a delineation of the nearest
jurisdictional surface water with an analysis utilizing the above factors to evaluate potential
pollutant transport from the HRIB to this surface water.
15. Item X.4 —
a. Two pumps were specified previously in the application. Please verify and revise.
b. Please complete the pump capacity and plan sheet/specification references.
16. Applicant's Certification — It is unclear who the Permittee will be for this proposed facility. Blue
Treasure LLC is listed throughout Form: HRIS 06-16 but the Applicant's Certification was signed
by the Town of Beaufort's Town Manager. If the Town of Beaufort will be the Permittee, please
provide an easement and/or lease agreement allowing the Town to operate the HRIB and
groundwater lowering system on Blue Treasure LLC's property. If Blue Treasure LLC will be the
Permittee, please have a Blue Treasure LLC representative complete the Applicant's Certification
per 15A NCAC 02T .0106(b). Please provide clarification.
E. Property Ownership Documentation:
1. No comment.
F. Soil Evaluation:
1. The provided reports from 2007 will not be accepted as a Soil Evaluation. The information
provided is over 15 years old and a HRIB has been constructed since the reports were completed.
Please provide a more recent Soil Evaluation (i.e., within one calendar year of the application
package submittal date) per Instruction E of Form: HRIS 06-16 and 15A NCAC 02T .0704(b).
G. Hvdrogeologic Report:
Leah H. W. Parente, the Geologist/Hydrogeologist for the Non -Discharge Branch, has completed
a review of the Hydrogeologic Report and provided the following comments:
a. The submitted application package shows a 288,000 GPD discharge to Town Creek which has
an SC classification. It is stated in the application that the proposed GWLS will contain
sampling locations but no constituents to be sampled or sampling frequency were provided.
Please provide this information and evidence showing that the proposed GWLS discharge into
Town Creek will not violate the 15A NCAC 02B .0201 Antidegradation Policy. Chad Coburn
of the WiRO also expressed the same concerns. See Comment D.5.
Mr. Tim Smith
August 22, 2023
Page 6 of 7
b. There is no proposed groundwater level monitoring for the adjacent wetlands, which potentially
could be negatively impacted by the operation of the proposed GWLS. Please comment on
this. Chad Coburn of the WiRO also expressed this concern and requests that an updated
Jurisdictional Determination (JD) be obtained from the US Army Corps of Engineers (USACE)
before operating the GWLS.
c. The Hydrogeologic Report references a Soil Evaluation prepared by David Meyer, LSS, in
2022 for Eagle Resources, P.A. Please provide this.
d. Figure 3 shows a well (PW2) located to the northwest of the existing HRIB but it is not
mentioned anywhere else in the Hydrogeologic Report. Please provide more information about
this well.
e. Table 2 on Page 6 shows no water level information for GP-1 on June 30, 2020. Please explain
why this data was omitted.
2. The "Conclusion" section on Page 14 mentions that "[s]ite observations showed that slopes greater
than the average may slump and will require modification" and the groundwater flow model
"simulate[s] the configuration and bathymetry of the HRIB as excavated". Given that the side
slopes were excavated at an average of 2.414:1 V (instead of the planned 5H:IV) and the HRIB has
never been in operation, please address the potential for changes in the bathymetry since the original
groundwater flow model was created.
H. Engineering Plans:
1. Sheet DOLL —Please label the approximate inside berm elevation in Detail D-01.
2. See Comment A. 1.
I. Specifications:
1. See Comment A. 1.
J. Engineering Calculations:
1. Please provide buoyancy calculations for the pre -cast vaults.
2. See Comment A. 1.
K. Site Man:
1. Please provide a Site Map per Instruction L on Form: HRIS 06-16 and 15A NCAC 02T .0704(d).
L. Power Reliabilitv Plan:
1. Please show in the Engineering Calculations that the automatically activated onsite standby power
supply can power the designed GWLS.
Mr. Tim Smith
August 22, 2023
Page 7 of 7
M. Operation & Maintenance Plan:
1. Please revise the O&M Plan based on the proposed facility (i.e., this is the previous O&M Plan for
Permit No. WQ0032262 which has been rescinded).
N. Residuals Management Plan:
1. Please revise the Residuals Management Plan based on the proposed facility (i.e., this is the
previous Residuals Management Plan for Permit No. WQ0032262 which has been rescinded).
O. Additional Documentation:
➢ Operational Agreements:
1. See Comment D.6.
➢ Threatened or Endangered Aquatic Species Documentation:
1. Please obtain additional guidance from the US Fish and Wildlife Service (USFWS) since there
are documented threatened or endangered aquatic species in the proposed project boundary.