WQ0035749_Return_20240912

September 12, 2024
LAMAR SYLVESTER, PE – CHIEF ENGINEER
NORTH CAROLINA DEPARTMENT OF TRANSPORTATION
1536 MAIL SERVICE CENTER
RALEIGH, NORTH CAROLINA 27601-1536
Subject: Application No. WQ0035749
Permit Application Return
NCDOT DGS and HOS Class A
Distribution Permit
Distribution of Class A
Residuals
Statewide
Dear Mr. Sylvester,
This letter is in response to your permit major modification request received on May 9, 2024.
In a letter dated July 31, 2024, 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 August 30, 2024. As
of today, the Division has not received this information. Accordingly, the Division is returning your major
modification 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.
When you have obtained the requested additional information, please submit a new application
package and the appropriate permit processing fee.
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
cc: Raleigh Regional Office, Water Quality Regional Operations Section (Electronic Copy)
Casey P. Hurley, PE – Lane Construction Corporation (Electronic Copy)
Laserfiche File (Electronic Copy)

July 31, 2024
LAMAR SYLVESTER, P.E. – CHIEF ENGINEER
NORTH CAROLINA DEPARTMENT OF TRANSPORTATION
1536 MAIL SERVICE CENTER
RALEIGH, NORTH CAROLINA 27601-1536
Subject: Application No. WQ0035749
Additional Information Request
NCDOT DGS and HOS Class A
Distribution Permit
Distribution of Class A Residuals
Statewide
Dear Mr. Sylvester:
Division of Water Resources’ Central and Regional staff has reviewed the application package
received May 9, 2024. 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 August 30, 2024.
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 H, 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: https://edocs.deq.nc.gov/Forms/NonDischarge-Branch-
Submittal-Form-Ver2.

If you have any questions regarding this request, please contact me at [phone] or
[e-mail]. Thank you for your cooperation.
Sincerely,
Erick Saunders, Engineer
Division of Water Resources
cc: Mooresville Regional Office, Water Quality Regional Operations Section (Electronic Copy)
Casey P. Hurley, PE – Lane Construction Corporation (Electronic Copy)
Laserfiche File (Electronic Copy)
Mr. Lamar Sylvester
July 31, 2024
Page 2 of 3
A. General:
1. The 2024 annual fee has not been paid in accordance with 15A NCAC 02T .0105(e)(2). Please note
that the permit may not be granted if the applicant has not paid the annual fee per 02T .0120(c).
The permit invoice is attached to this letter.
2. The DGS Management System section and the Process Flow Chart section state that should
evaporation rates not keep up with wastewater generation, water will be pumped from the
evaporation basin to another tanker truck which will transport the water to areas where it can be
land applied. As stated in previous applications, including in an additional information request
dated May 3, 2023 for another NCDOT containment basin project in Iredell County, it was the
Division’s stance that this water was a supernatant wastewater that would not be covered under this
permit as a residual, but instead a wastewater, irrigation of which are permitted under 15A NCAC
02T .0500 and require a separate permit.
Please provide an explanation for how excess water will be managed for this operation. Please note
that in response to the same question in the additional information request for the Iredell County
containment basin project, a letter was provided a letter from the City of Statesville’s Fourth Creek
WWTP that their plant could accept the wastewater.
3. The Project Overview and the Design Summary list dust suppression as a disposal option for the
surplus water generated from the diamond grinding process. The land application of this material
as dust suppression is a beneficial reuse would need to meet reclaimed water standards as regulated
by 15A NCAC 02U. Please remove this section unless a permit application meeting the
requirements of 15A NCAC 02U is submitted.
B. Distribution of Class A Residuals (FORM: DCAR 06-16) Application:
1. The DCAR 06-16 form provided was not signed by the signature authority Mr. Lamar Sylvester.
In accordance with 15A NCAC 02T .0106(b), permit application shall be signed by a permit
signature authority. This form shall be signed by a signature authority and resubmitted for review.
C. Property Ownership Documentation:
1. In accordance with 15A NCAC 02T .0116(c), all deeds, easements, and encroachment agreements
necessary for installation, operation, and maintenance of the system shall be obtained prior to
operation of the system. Property ownership or easement documentation shall be provided.
D. Site Map:
1. It is difficult to determine where the project site is based on the information provided. Please
provide a location map with latitude and longitude coordinates for the proposed facilities.
2. In accordance with 15A NCAC 02T .1104(a)(1), a site plan shall be provided depicting the location,
orientation, and relationship of facility components to include:
a. a scaled map of the site, with topographic contour intervals not exceeding 10 feet or 25 percent
of total site relief and showing all facility-related structures and fences within the treatment and
storage areas;
Mr. Lamar Sylvester
July 31, 2024
Page 3 of 3
b. the location of each of the following that are located within 500 feet of a waste treatment, or
storage site, including a delineation of their review and compliance boundaries:
(i) wells, including usage and construction details if available;
(ii) ephemeral, intermittent, and perennial streams;
(iii) springs;
(iv) lakes;
(v) ponds; and
(vi) other surface drainage features;
c. setbacks as required by Rule .1108 of this Section; and
d. site property boundaries within 500 feet of all treatment and storage facilities
An updated site plan shall be submitted meeting these requirements. These plans shall include the
contours of the proposed basin system and any water conveyance located near these units.
E. Engineering Plans:
1. The operational documents reference that water will be pumped from the containment basin to the
evaporative basins, but these were not depicted on the plans. These units and any associated
appurtenances shall be shown on an updated plan and profile sheets.
2. Please provide detail drawings for the pump and associated appurtenances along with the pond
evaporation fountains being proposed in other areas of the application.
F. Specifications:
1. Specifications and data sheet information shall be provided for the pump and pond evaporation
fountains being proposed. This shall be included in an updated specifications that is sealed by a
North Carolina licensed Professional Engineer.
G. Engineering Calculations:
1. Per Application Instruction E and 15A NCAC 02T .1104(a)(2)(C), a North Carolina licensed
Professional Engineer shall sign, seal, and date the engineering calculations. Please provide updated
calculations that have been sealed by a licensed Professional Engineer.
2. In accordance with 15A NCAC 02T .1104(a)(2)(C), engineering calculations shall include a total
dynamic head and system curve analysis for each pump. Please provide calculations for the sizing
of this pump.
H. Operation & Maintenance Plan:
1. See Items A.2. and A.3.