WQ0043463_Return_20240604

June 4, 2024
SANJAY B. SHAW – MEMBER
SANMARGI, PLLC
3682 RAEBURN COURT
FAYETTEVILLE, NORTH CAROLINA 28314
Subject: Application No. WQ0043463
Permit Application Return
Family Dollar – Currie WWTF
Wastewater Irrigation System
Pender County
Dear Mr. Shah,
This letter is in response to your permit change of ownership request received on February 28,
2024.
In a letter dated April 29, 2024, Leah Parente of the Non-Discharge Branch asked you to provide
additional information (copy of letter attached) no later than the close of business on May 30, 2024. As of
today, the Division has not received this information. Accordingly, the Division is returning your change
of ownership 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., 6B., 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 change of ownership application
within 30 days of receipt of this letter. Failure to provide the requested additional information and the
associated change of ownership 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 [phone] or
[e-mail].
Sincerely,
Nathaniel D. Thornburg, Branch Chief
Division of Water Resources
Enclosure
Mr. Sanjay B. Shah
June 4, 2024
Page 2 of 2

cc: Wilmington Regional Office, Water Quality Regional Operations Section (Electronic Copy)
Laserfiche File (Electronic Copy)

April 29, 2024
SANJAY B. SHAH – MEMBER
SANMARGI, PLLC
3682 RAEBURN COURT
FAYETTEVILLE, NORTH CAROLINA 28314
Subject: Application No. WQ0043463
Additional Information Request #1
Family Dollar – Currie WWTF
Wastewater Irrigation System
Pender County
Dear Mr. Shah,
Division of Water Resources’ Central and Regional staff have reviewed the application package
received on February 29, 2024. However, the Di vision requires additional information before completing
our review. Please address the items on the attached page no later than the close of business on May 30,
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 B 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 [phone] or
[e-mail]. Thank you for your cooperation.
Sincerely,
Leah H. Parente, Geologist/Hydrogeologist
Division of Water Resources
cc: Wilmington Regional Office, Water Quality Regional Operations Section (Electronic Copy)
James W. Holland, PE – McKim & Creed, Inc. (Electronic Copy)
Laserfiche File (Electronic Copy)
Mr. Shah
April 29, 2024
Page 2 of 2
A. Soil Evaluation:
1. Condition I.7 of Permit WQ0043463 dated December 9, 2022, has not been met. This condition
states the following:
“Upon completion of construction and prior to irrigation, a soil evaluation shall be completed for all
areas where fill material is placed within the permitted irrigation areas. The report shall certify that
areas utilizing fill material are capable of accepting the designed loading rate. This report shall
specifically address, but not be limited to, soil features such as soil compaction and saturated
hydraulic conductivity of the least permeable layer, soil fertility report and any amendments added,
verification of fill suitability and depth of fill material (and to the seasonal high water table) across
the field, as well as any other properties that might impact the soil’s ability to accept irrigation
water. Irrigation shall not occur until the Wilmington Regional Office approves the soils
evaluation.”
Please submit the soil evaluation via the Non-Discharge online portal.
B. Operation & Maintenance Plan:
1. Condition I.6 of Permit WQ0043463 dated December 9, 2022, has not been met. This condition
states the following:
“Prior to operation of the newly installed facilities, a Final Operation and Maintenance Plan
shall be submitted for review.”
Please submit the Final Operation and Maintenance Plan via the Non-Discharge online portal.