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HomeMy WebLinkAboutWQ0024756_Add Info Letter 2_20190424ROY COOPER Governor MICHAEL S. REGAN Secretary LINDA CULPEPPER Director FRED M. BUNN — MANAGER FMB AT THE GROVE, LLC 2231 NASH STREET, NW, SUITE D WILSON, NORTH CAROLINA, 27896 Dear Mr. Bunn: NORTH CAROLINA Environmental Quality April 24, 2019 Subject: Application No. WQ0024756 Additional Information Request The Grove WWTP High Rate Infiltration System County Division of Water Resources' Central and Regional staff has reviewed the application package received December 3, 2018 and additional information received March 20, 2019. 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 May 24, 2019. 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 and B, or failure to provide the additional information on or before the above requested date may result in your application being returned as incomplete. 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 two paper copies and one electronic copy submitted to my attention at the address below. If you have any questions regarding this request, please do not hesitate to contact me at (919) 707- 3659 or erickson.saunders@ncdenr.gov. Thank you for your cooperation. Sincerely, Erick Saunders, Engineer Division of Water Resources cc: Wilmington Regional Office, Water Quality Regional Operations Section (Electronic Copy) Ronald D. Cullipher, PE — The Cullipher Group, P.A. (Electronic Copy) Permit Application File WQ0024756 Q A North Carolina Department of Environmental Quality I Division of Water Resources DNnan+r�ao�u�a � E512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617 919.707.9000 Mr. Fred Bunn April 24, 2019 Page 2 of 3 A. Utility Easement (15A NCAC 02T .011§Lcl 1. As a result of the Town of Atlantic Beach being removed from the permit, FMB at the Grove, LLC must provide a utility easement for the sections of the sewer system connecting the treatment plant to the disposal field that are located on land not owned by the Permittee. B. Compliance Boundar,, (15A NCAC 02L1: 1. After consulting the Division of Water Resources Groundwater Protection Branch, it has been determined that a compliance boundary located within the waste boundary is not allowed by the definition of compliance boundary in the 15A NCAC 02L Groundwater Classification and Standards rules (hereby referred to as 02L Rules). According to this definition, a compliance boundary means a boundary around a disposal system at and beyond which groundwater quality standards may not be exceeded. The map received on April 1, 2019 has a correct delineation of the compliance and review boundary as defined by 02L .0107 and 02L .0108. Due to it being located within the waste boundary, however, it is still not compliant with 02L Rules. In order to become compliant, one of the following options is required. a. A minor modification application must be submitted to remove any sections of the drip field that are located within the compliance boundary as it is delineated in the map received on April 1, 2019 so that the waste boundary is located completely within the compliance boundary. This application package must include a new signed and sealed site map depicting the new field boundary along with with the compliance and review boundary, the new field'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 field area. In addition to the application package, the current wells located outside of the compliance boundary must be abandoned and a new groundwater monitoring plan shall be submitted. This plan will require approval from the Wilmington Regional Office. The well locations should be included on the new site map. b. In accordance with 02L .0107(f), have the Town of Atlantic Beach sign an easement (which is then registered with the county) allowing the compliance and review boundary to encroach onto the East Drive, West Drive and Atlantic Blvd. property (owned/maintained by the town). This easement must be filed in the Carteret County Register of Deeds and include a notice of the permit, the permit number, a description of the type of permit, and the name, address, and telephone number of the permitting agency. This easement shall also prohibit construction and operation of water supply wells within the compliance boundary as well as give the Permittee and the State the right to enter the property within the compliance boundary for groundwater monitoring and remediation purposes. Note: If this option is taken, the compliance boundary would not be able to go to the outer boundaries of the road. It would still have to meet 02L .0107(b), meaning it would be located 250 feet from the waste boundary or 50 foot from the property, whichever is closer. This would mean that it would be 50 feet from the outside of the road boundary of both West Drive and East Drive. Mr. Fred Bunn April 24, 2019 Page 3 of 3 c. 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 make a decision about the matter. However, there is no guarantee that the variance will be granted and you will be required to perform either of the first two options.