WQ0015053_More Information (Requested)_20230518

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
RICHARD E. ROGERS, JR.
Director
NORTH CAROLINA
Environmental Quality
May 18, 2023
DONALD I. MCREE, JR. — COUNTY MANAGER
CURRITUCK COUNTY
153 COURTHOUSE ROAD — SUITE 204
CURRITUCK, NORTH CAROLINA 27929
Subject: Application No. WQ0015053
Additional Information Request
Moyock Commons WWTP
High -Rate Infiltration System
Currituck County
Dear Mr. McRee:
Division of Water Resources' Central and Regional staff has reviewed the application package
received December 5, 2022. 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 June 19,
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 G, 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: hllps:Hedocs.deg.nc.gov/Forms/NonDischarge-Branch-
Submittal-Form-Ver2.
If you have any questions regarding this request, please contact me at [phone] or
cord.anthony_gdeq.nc.gov. Thank you for your cooperation.
Sincerely,
DocuSigned by:
Cord Anthony, Engineer II �n
Division of Water Resources
2D03237162FA4E5...
cc: Washington Regional Office, Water Quality Regional Operations Section (Electronic Copy)
Laserfiche File (Electronic Copy)
� 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
NORTH GAROLINA +
D^wr"^^00 ro^m^^v n^a� /'� 919.707.9000

Mr. McRee
February 20, 2023
Page 2 of 2
A. Compliance Boundary (15A NCAC 02L):
The compliance boundary is delineated in accordance with 15A NCAC 02L .0107(b) and permit
Condition IL7. of WQ0015053's previous permit issuance dated December 18, 2017. This rule
established at a horizontal distance of 250 feet from the waste boundary, or 50 feet within the
property boundary, whichever is closer to the source. According to the site map and setback waiver
filed with the Register of Deeds, there are areas surrounding Infiltration Area 2 that are as close as
38 feet from the property line to Parcel 015B00000080000 owned by JG Body Shop LLC.
In accordance with the 15A NCAC 02L Groundwater Classification and Standards rules (hereby
referred to as 02L Rules), a compliance boundary is defined as a boundary around the waste
disposal area of a disposal system at and beyond which groundwater standards may not be
exceeded. The compliance boundary in this case would be located within the waste boundary
(because 50 feet within the property boundary is closer to the source), which is not compliant with
the 02L rules. To become compliant, one of the following options is required:
In accordance with 02L .0107(k), execute an easement or agreement with the neighboring
property owner (which would then be registered with the county Register of Deeds)
allowing the compliance and review boundaries to be located closer to the property line so
the compliance boundary can be located around the waste boundary (i.e., closer than 38
feet to the property line). This easement must be filed in the Wilkes County Register of
Deeds and include a notice of the permit, the permit number, a description of the type of
permit.
ii. A minor modification application to remove any sections of the infiltration area that are
located within the compliance boundary, so the waste boundary is located completely
within the existing compliance boundary. This application package shall include a new
signed and sealed site map depicting the new infiltration basin's boundary along with the
compliance and review boundary, the new infiltration basin's area, and calculations signed
and sealed by the engineer making sure that the permitted flow of the system does not
exceed the maximum yearly loading rates on the reduced infiltration basin's area.
In. According to 02L .0113, the Environmental Management Commission (hereby referred to
as the EMC) may grant a variance to the 02L Rules. A variance may be granted for the
compliance boundary of your system, provided it is still located within land owned by the
Permittee. An application package containing all the items in 02L .0113(c) shall be sent to
the chairman of the EMC. If the application is complete, the matter will be sent to a public
hearing of the EMC, who will decide on the matter. However, there is no guarantee that a
variance will be granted, and either of the first two options shall be required.