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HomeMy WebLinkAboutWQ0001817_More Information (Requested)_20190927ROY COOPER Governor MICHAEL S. REGAN Secretary LINDA CULPEPPER Director JAMES SINNOTT - PRESIDENT ALBEMARLE UTILITY COMPANY 11675 RAINWATER DRIVE, SUITE 220 ALPHARETTA, GEORGIA 30009 Dear Mr. Sinnott: NORTH CAROLINA Environmental Quality September 27, 2019 Subject: Application No. WQ0001817 Additional Information Request Albemarle Plantation WWTF Wastewater Irrigation System Perquimans County Division of Water Resources' Central and Regional staff has reviewed the application package received July 1, 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 October 27, 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 through D, 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, Enginee - Division of Water Resources cc: Washington Regional Office, Water Quality Regional Operations Section (Electronic Copy) Permit Application File WQ0001817 North Carolina Department of Environmental Quality I Division of Water Resources C 01, 512 North Salisbury Street 1 1617 Mall Service Center + Raleigh, North Carolina 2709 1617 NORTH rMa&A DMIWWWauAMNOWN -\ r 919.7079000 Mr. James Sinnott September 27, 2019 Page 2 of 3 A. General Question: 1. Please verify which fields are currently constructed and able to dispose of wastewater. B. Flow Reduction: 1. The November 21, 2003 flow reduction approves a data -based design flow rate of 200 GPD-313R. The subsequent December 2, 2005 permit accepts a design flow rate of 170 GPD per connection (GPDPC). Please provide the flow reduction approval letter that would allow for a design flow rate of 170 GPDPC. B. Setbacks 115A NCAC 02H .0404(a )1: The irrigation fields were permitted on February 13, 1990 and August 6, 2003 and the facility is considered a coastal interim facility. According to 15A NCAC 02H .0404(g)(8), the rules active during the time of permitting for these fields, interim facilities spray facilities require a setback to property lines of 200 feet, which is currently not being met at some fields. According to Figure 2 of the submitted maps, permitted irrigation fields are located within 150 feet of the following parcels: Parcel Number Owner 7867-71-3824 Jocelyn West Applewhite 7867-40-3588 Michael Martin and Brenda Gates 7866-29-3855 Rayburn Family Limited 7866-38-8528 Rayburn Family Limited In order to become compliant with the property line setbacks requirements, one of the following options must be executed: a. Modify the spray heads of each field to meet the 200-foot property line setbacks in accordance with 15A NCAC 02H .0404(g). A map shall be submitted showing the reduced irrigation areas, along with the new calculated irrigation areas for each field (see D.2.). b. Obtain setback waivers for each of the above properties that allows for the application of wastewater within 150 feet of the property lines. These setback waivers shall meet the requirements of 15A NCAC 02T .0506(d) by being signed, notarized and recorded with the Perquimans County Register of Deeds. A setback waiver has been attached. If this option is chosen, the recorded waivers shall be sent to our office with the stamp indicating the deed book and page. c. The Permittee may request to be updated to the most current iteration of the setbacks, which has a less restrictive 150-foot setback to property lines [15A NCAC 02T .0506(a)]. The permitted fields appear to meet this 150-foot setback. However, all the setbacks in this 15A NCAC 02T must be met in order to choose this option. I have attached the 15A NCAC 02T .0506 setbacks. NOTE: In this scenario, there are only two more restrictive setbacks in the 15A NCAC 02T setback rules from the 15A NCAC 02H .02190) and 15A NCAC 02H .0404(g) setback rules currently permitting the fields. One is the 200 foot setback to each habitable residence or place of assembly owned by the Permittee to be maintained as part of the project site, a setback which can be waived by the Permittee. The other is the setback to swimming pools, which used to be 100 feet, but now has a higher setback because it is considered a place of assembly. Mr. James Sinnott September 27, 2019 Page 3 of 3 I would recommend contacting the DWR Central and Regional Offices about this issue if you have any confusion about the options. C. Site May: 1. Fields 1-5 as shown on Figure 1 of the submitted application show seven distinct zones with seven zone valves. Please clearly delineate and properly name fields 1-5, and verify the acreages of each field. State of North Carolina Department of Environmental Quality Division of Water Resources NON -DISCHARGE WASTEWATER SYSTEM WAIVER AGREEMENT TO WAIVE SETBACKS AS REQUIRED BY 15A NCAC 02T .0506(a), .0506(b), .0606(a), .0706(a) AND .1006(a) I, (printed name), certify that I am a deeded owner or an authorized agent of the property located at: Address: Parcel No.: City: State: Zip Code: County: Furthermore, I certify that I am authorized to make decisions regarding this property, and that I do hereby agree that the setback distances cited below be granted to the Applicant/Permittee listed on the following page. I understand the setback requirements set forth in 15A NCAC 02T. For the parcel identified above, I consent to the following reduced setbacks: ❑ Wastewater Irri ation/Infiltration Setback to Propert)! Lines The required setback of feet is reduced to feet, thereby allowing wastewater effluent irrigation or infiltration no closer than feet from my property line. ❑ Wastewater Irrieation/Infiltration Setback to Places of Assembly The required setback of feet is reduced to feet, thereby allowing wastewater effluent irrigation or infiltration no closer than feet from my residence(s) or place(s) of assembly. ❑ Wastewater Treatment and Storage Unit Setback to Property Lines The required setback of feet is reduced to feet, thereby allowing the construction of wastewater treatment and storage units no closer than feet from my property line. ❑ Wastewater Treatment and Storage Unit Setback to Places of Assemblv The required setback of feet is reduced to feet, thereby allowing the construction of wastewater treatment and storage units no closer than feet from my residence or place of assembly. Signature: _ _ Date: FORM: NDWSW 02-19 Page 1 of 2 Applicant/Permittee: Address: City: NORTH CAROLINA, I, do hereby certify that Permit No.: Parcel No.: State: Zip Code: County: COUNTY a Notary Public for County, North Carolina, personally appeared before me this day and acknowledged the due execution of the foregoing instrument. Witness my hand and official seal, this the day of SEAL Signature of Notary Public My commission expires _ _ Once notarized, this form shall be recorded at the Register of Deeds in the county or counties in which the described properties are located. A copy of the recorded waiver shall be sent to the following address: Division of Water Resources Non -Discharge Branch 1617 Mail Service Center Raleigh, North Carolina 27699-1617 FORM: NDWSW 03-17 Page 2 of 15A NCAC 02T .0506 SETBACKS (a) The setbacks for irrigation sites shall be as follows: Spray Drip Each habitable residence or place of assembly under separate ownership (feet) (feet) or not to be maintained as part of the project site 400 100 Each habitable residence or place of assembly owned by the permittee to be maintained as part of the project site 200 15 Each private or public water supply source 100 100 Surface waters such as intermittent and perennial streams, perennial waterbodies, and wetlands 100 100 Groundwater lowering ditches where the bottom of the ditch intersects the SHWT 100 100 Surface water diversions such as ephemeral streams, waterways, and ditches 25 25 Each well with exception of monitoring wells 100 100 Each property line 150 50 Top of slope of embankments or cuts of two feet or more in vertical height 15 15 Each water line from a disposal system 10 10 Subsurface groundwater lowering drainage systems 100 100 Public right of way 50 50 Nitrification field 20 20 Each building foundation or basement 15 15 (b) The setbacks for treatment and storage units shall be as follows: (feet) Each habitable residence or place of assembly under separate ownership or not to be maintained as part of the project site 100 Each private or public water supply source 100 Surface waters such as intermittent and perennial streams, perennial waterbodies, and wetlands 50 Each well with exception of monitoring wells 100 Each property line 50 (c) Achieving the reclaimed water effluent standards established in 15A NCAC 02U .0301 shall permit the system to use the setbacks set forth in 15A NCAC 02U .0701(d) for property lines, and the compliance boundary shall be at the irrigation area boundary. (d) Setback waivers shall be written, notarized, signed by all parties involved, and recorded with the county Register of Deeds. Waivers involving the compliance boundary shall be in accordance with 15A NCAC 02L .0107. (e) Setbacks to property lines established in Paragraphs (a) and (b) of this Rule shall not be applicable if the permittee, or the entity from which the permittee is leasing, owns both parcels separated by the property line. (f) Habitable residences or places of assembly under separate ownership constructed after the non -discharge facilities were originally permitted or subsequently modified are exempt from the setback requirements in Paragraphs (a) and (b) of this Rule. History Note: Authority G.S. 143-215.1; 143-215.3(a); Eff. September 1, 2006; Amended Eff. June 18, 2011; Readopted Eff September 1, 2018.