HomeMy WebLinkAboutWQ0004115_Return_20240130ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
RICHARD E. ROGERS, JR.
Director
NORTH CAROLINA
Environmental Quality
January 30, 2024
JOHN J. MCGUIRE — PRESIDENT
CHAMPION HILLS PROPERTY OWNERS ASSOCIATION, INC.
73 OLD HICKORY TRAIL
HENDERSONVILLE, NORTH CAROLINA 28739
Subject: Application No. WQ0004115
Permit Application Return
Champion Hills WWTP
Reclaimed Water System
Henderson County
Dear Mr. McGuire,
This letter is in response to your permit renewal request received on October 4, 2023.
In a letter dated December 28, 2023, Erick Saunders of the Non -Discharge Branch asked you to
provide additional information (copy of letter attached) no later than the close of business on January 29,
2024. As of today, the Division has not received this information. Accordingly, the Division is returning
your renewal application pursuant to 15A NCAC 02T .0107(e)(2).
Please be advised that construction and/or operation of the subject facilities without a valid
permit is a violation of G.S. 143-215.1, and may subject you to appropriate enforcement actions
pursuant to G.S. 143-215.6A.9 613, and 6C. The Division may assess civil penalties of up to $25,000
per day per violation for failure to secure a valid permit.
Please submit the requested additional information and associated renewal application within 30
days of receipt of this letter. Failure to provide the requested additional information and the associated
renewal application shall result in a Notice of Violation and may include a civil penalty assessment.
If you need additional information concerning this letter, please contact me at (919) 707-3653 or
nathaniel.thornburgkdeq.nc.gov.
Sincerely,
lwDocuSigned by:
"
D1043082680C483...
Nathaniel D. Thornburg, Branch Chief
Division of Water Resources
Enclosure
cc: Asheville Regional Office, Water Quality Regional Operations Section (Electronic Copy)
Laserfiche File (Electronic Copy)
D � 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 CAROLINA
'.'roMMm 0; /I 919,707.9000
ROY COOPER lktv
Governor ELIZABETH S. BISERSecretary
RICHARD E. ROGERS, JR. NORTH CAROLINA
Director Environmental Quality
December 28, 2023
JOHN J. MCGUIRE — PRESIDENT
CHAMPION HILLS PROPERTY OWNERS ASSOCIATION, INC.
73 OLD HICKORY TRAIL
HENDERSONVILLE, NORTH CAROLINA 28739
Subject: Application No. WQ0004115
Additional Information Request 91
Champion Hills WWTP
Reclaimed Water System
Henderson County
Dear Mr. McGuire,
Division of Water Resources' Central and Regional staff has reviewed the application package
received on October 4, 2023. However, the Division requires additional information before completing our
review. Please address the items on the attached pages no later than the close of business on January 29,
2024.
Please be aware that the Applicant is responsible for meeting all requirements set forth in North
Carolina rules and regulations. The Applicant is also responsible for any oversights that occur during the
review of the subject application package. The Division may return the application as incomplete pursuant
to 15A NCAC 02T .0107(e)(2) if any omissions are made when responding to the outstanding items in
Sections A through O or the Applicant fails to provide the additional information on or before the above -
requested date.
Please reference the subject application number when providing the requested information. The
Applicant shall sign, seal, and date (where applicable) all revised and/or additional documentation and
submit an electronic response to my attention via the Non -Discharge online portal.
If you have any questions regarding this request, please contact me at (919) 707-3659 or
enckson.saundersndeq.nc.gov. Thank you for your cooperation.
Sincerely,
Erick Saunders, Engineer
Division of Water Resources
cc: Asheville Regional Office, Water Quality Regional Operations Section (Electronic Copy)
Operator Certification Program (Electronic Copy)
Laserfiche File (Electronic Copy)
E Q�� North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617
NORTH CAROHNA -
oePemmencatE.W —rdalQuari /� 919.707.9000
Mr. John J. McGuire
December 28, 2023
Page 2 of 3
A. Application (Form: WWIS-R 02-21):
1. The form used in this application is the Wastewater Irrigation System — Renewal form (FORM:
WWIS-R 02-21). This form is for wastewater irrigation systems permitted in 15A NCAC 02T
.0500. However, this is a reclaimed water system permitted under the 15A NCAC 02U rules. The
renewal form for reclaimed water systems in the Reclaimed Water Systems — Renewal form
(FORM: RWS 02-21). An updated application using this form shall be submitted.
2. The open atmosphere structure information in Section VI is lists a 70,000 gallon treatment structure
with one foot of freeboard. However, the previous permit lists a 700,000 gallon effluent
holding/irrigation pond with two feet of freeboard as per Condition 111.14. Please clarify the volume
of the listed open atmosphere structure, the purpose of the structure (i.e., treatment of wastewater
or storage of treated wastewater), and the designed freeboard of the system.
B. Attachment A— Site May:
1. No comments.
C. Attachment B — Signature Authority Delegation:
1. N/A.
D. Attachment C — Flow Reduction:
1. N/A.
E. Attachment D — Certificate of Public Convenience and Necessity:
1. N/A.
F. Attachment E — Operational Agreement:
1. The Operational Agreement (FORM: HOA) provided in this application is dated from November
18, 2018. In accordance with 15A NCAC 02T .0115(a)(2), prior to reissuance of a permit for a
wastewater facility, the Permittee shall enter into and submit an executed Operational Agreement
with the Division. These agreements shall be re -executed each permit cycle. An updated HOA
operational agreement, attached, shall be submitted for this permit cycle.
Along with the Operational Agreement, the application form also requires the Articles of
Incorporation, Declarations, and By -Laws for legally formed Homeowners' Associations. In
accordance with the application and 02T .0115(c), this document shall be provided.
G. Attachment F — Demonstration of Future Wastewater Treatment Capacities:
1. No comments.
Mr. John J. McGuire
December 28, 2023
Page 3 of 3
H. Attachment G — Easement, Encroachment, and Lease Agreements:
1. No comments.
I. Attachment H — Affiliations:
1. No comments.
J. Attachment I — Compliance Schedules:
1. No comments.
K. Attachment J — Civil Penalties and Outstanding Violations:
1. No comments.
L. Attachment K—Industrial Wastewater:
1. N/A.
M. Attachment L — Setback Waivers:
1. No comments.
N. Applicant's Certification:
1. No comments.
O. Recommendations (Response not required):
It was noted in a review of the Operator in Responsible Charge (ORC) Information in Section V
that there are only operators with an SI (spray irrigation) classification license associated with this
permit. However, this is a dedicated reclaimed water generating facility that would require an
operator with the appropriate wastewater treatment certification. This will require a primary and
backup ORC to be designated for the system with a certification grade meeting the 15A NCAC
08G .0200 rules.
Please note that permit NCO087106 also serving this facility has designed ORCs with wastewater
treatment certifications Grade WW-2 or higher. These ORCs shall also be associated with this
permit as well. Please contact the Wastewater Operator Certification group to begin the process of
classifying and designating operators for this permit.