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.