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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.