20030179 Ver 1_Other_20080219

OFWATt; 9 /1
,Q� 9oG EI F I L E COPY Michael A.Easley,Governor
7 William G.Ross Jr.,See
� [ North Carolina Department of Enviromnen[and Natural2esourannc.es
Coleen H.Sullins,Director
Division of Ware,Q..],!i
February 19, 2008
Mr. Jason N. Isbanioly
Devine Tarbell &Associates, Inc.
400 S. Tryon Street, Suite 2401
Charlotte, NC 2828
Subject: Carolina Sand Inc.
Dillsboro Reservoir Sand Mining Project
NCG520000—NPDES General Permit
Dear Mr. Isbanioly,
Regarding the Dillsboro Reservoir Sand Dredging Project in relation to NPDES NCG52000 General
Permit requirements, it is the opinion of this office that the subject activity will not be required to obtain
NPDES NGG520000 prior to beginning work. The Project is of very limited duration, specifically the Project
is scheduled to begin in July of 2008 and continue until December 2008. For this reason a formal application
for and approval of a NPDES NCG520000 permit will not be required. However, all permit conditions must
be adhered to. Please refer to NCG520000 for permit requirements.
This letter does not absolve nor address other permit requirements including but not limited to erosion
and sedimentation control, 401 WQC, etc. If you have any questions do not hesitate to contact me at(828)
296-4665,
Sincerely,
S ,rta' — E�
Environmental Engineer
Asheville Regional Office, DWQ SWPS
1 CC: ARC
t i
Central Files
IJoo;;tthIaCsers]!ua
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North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannsees,NC 78778 Phone[phone] Customer Service
Inlemet: evasi,materqualkyorg FAX [phone] 1-877-623-6749
An Equal OppodunitylAmrman a Adien Employer—50%Recycled110%Post Consumer Paper
GIWPDATAIDEMWOIJacksoulsand Dredges NCG520illstr ro Reservoir Sand Mining don

TATi i c dncp s
1 � Jahn J.DMnq P6 Prudent
JoFn C.Tevhell,P.S.
Devine Tarbell&Associates,Inc. Jorn M.Lynch
CnaWting C„gine,.,&enJeu,&.n.gwvmry5peonV.w Edwin c,Lumell,P.S.
January 31, 2008 -�D
Ms. Staff Silvis,.P.E.
Asheville Regional Office
North Carolina Division of Water Quality
2090 U.S. Highway 70 wnrEa ounuTv secnoN
Swannanoa,NC 28778 ASHwiu_E PecioNnt or-Face
Subject: Carolina Sand Inc.Dillsboro Reservoir Sand Mining Project
NCG520000- NPDES General Permit Statement of Compliance
Dear Ms. Silvis:
This correspondence is in regards to our January 24, 2008 conversation concerning the Dillsboro
Reservoir Sand Dredging Project (Project) National Pollutant Discharge Elimination System
(NPDES) obligations. The following letter and attachments discuss the Project in general and detail
NPDES permit compliance efforts for the sand mining facilities.
As you are aware, Duke Energy Carolinas, LLC(Duke)is in the planning and permitting phase of the
Dillsboro Dam Removal Project. Duke has contracted with Devine Tarbell &Associates, Inc (DTA)
to perform all engineering, scientific, and regulatory services. Duke operates the Dillsboro
Hydroelectric Project under a license from the Federal Energy Regulatory Commission (FERC)
(FERC No. 2602). The existing license expired in 2005, and the process of obtaining a subsequent
license officially began in 2000 with Duke's release of the First Stage Consultation Document.
As part of the Nantahala and Tuckasegee Relicensing Settlement Agreements (FERC No. 2692 and
2686) and agreed to by the majority of the stakeholders', Duke has proposed to surrender the license
and subsequently remove the Dillsboro Dam and Powerhouse. A License Surrender Application for
the Dillsboro Project was submitted to the FERC in early June 2004. This application included the
' American Whitewater Affiliation, Big Choga Homeowners Association, Carolina Canoe Club, DPNA, Eastern Band of
Cherokee Indians, Mountain Shadows Homeowners Association, Nantahala Community, Nantahala Gorge Association,
Nantahala Highlands Estates Property Owners Association, Nantahala Outdoor Center, Nantahala Racing Club, Natural
Resources Conservation Service, North Carolina Department of Environment and Natural Resources INC Division of Water
Resources, NC Division of Parks & Recreation, NC Division of Water Quality), North Carolina Wildlife Federation, North
Carolina Wildlife Resources Commission, Southwestern North Carolina Resource Conservation and Development Council,
Swain County Economic Development Commission, Swain County Soil and Water Conservation District, North Carolina
Council of Trout Unlimited,Inc.,United States Fish&Wildlife Service,and the United Slates Forest Service.
T: 704.377.4182 400 S.Tryon Street,Suite 2401,Charlotte,NC 28285 F:704.377.4185
Portland,Maine Charlotte,North Carolina Sacrament,C.afomia Yodq Pennsylvania
207.775.4495 704377.4182 916.564.4214 717.741.9850
wwwDevmrParbcll mm
Syracuse,New Ymk Seattle,Washington BelGvgham,Washington Boise,Idaho
315451.2325 425.391.0523 360.671.1150 208.319,1977

Ms. Stare Silvis,P.E. T
January 31, 2008 L
Page 2 A`
rationale for surrendering the Project, a Project decommissioning plan, consultation record, and
Biological and Environmental Assessment. In May of 2005, the North Carolina Division of Water
Quality(DWQ) issued a 401 Water Quality Certification(WQC) for the FERC licensing phase of the
Project. In response to the filing, the FERC issued the Draft and Final Environmental Assessments
in May and July of 2006, respectively.
In August of 2006, the U.S. Fish and Wildlife Service (USFWS) issued its Biological Opinion (BO),
which included "takings" provisions under the Endangered Species Act section 7 (16 U.S.0 1536
(c)), recommendations, and terms. The FERC issued its surrender order in August of 2007. The
DWQ issued a 401 WQC with conditions for the section 404 dredging phase of the project in
November of 2007 (attached). Condition 6 of the dredging 401 WQC states that:
"Duke Power shall remove 70,000 cubic yards of sediment from behind the dam before
the dam structure is completely removed. The total amount to be removed may be
altered only if there is less than 70,000 cubic yards of sediment available for removal or
if additional materials are required for bank stabilization. Any deviations below the
70,000 cubic yards must be approved by the Division of Water. This material shall be
disposed of in an upland disposal site(s) or sold to be used in upland sites"
In support of this condition and to minimize impacts to the resource, Duke developed a reservoir
dredging plan and identified a contractor (Carolina Sand Inc.) to perform the dredging operation.
DTA submitted a Sand Mining Permit application (currently under review) to the North Carolina
Division of Land Resources on behalf of Carolina Sand Inc.
The dredging project is constrained by two timetables. The overarching schedule of the dam removal
project, which will begin in January 2009, dictates that all dredging must be completed in 2008.
Additionally, based on Duke's Shoreline Management Guidelines, sand mining or dredging will not
be allowed from March through June. Thus, the mining activity is projected to commence in July
2008 and continue through December 2008. The objective will be to remove the targeted sediment
during this five-to six-month period.
Please find enclosed with this letter the 401 WQC with additional conditions, plan drawings for the
dredging facilities (i.e., settling basins and sediment and erosion controls) with calculations and
accompanying explanatory narrative, and a Statement of Compliance with all NPDES requirements.

Ms.Starr Silvis,P.E. T
January 31, 2008 L �
Page 3 TA°)
On behalf of Duke, DTA appreciates the opportunity to work with your office on this project.
Should you have any questions or concerns,please do not hesitate to contact me at(704) 342.7364.
Sincerely,
DEVINE TARBEELLLL&ASSOCIATES,INC.
Jason N.Isbanioly James A. MCRacken
Scientist Senior Scientist
JNIIJAM/cef
Enclosures
cc: W. Cassavaugh, Carolina Sand Inc.
J. Wishon,Duke
J. Huff,Duke
S. T.Fletcher, DTA
Project File

EROSION AND SEDIMENT CONTROL PLAN
NARRATIVE
The design drawings (Figures 1 through 3) included in this attachment describe the erosion and
sediment control(ESC) plan for the Dillsboro Reservoir Dredging Project. The project is located
in Jackson County, North Carolina. This project ESC plan is being submitted for review and
approval prior to the commencement of land disturbing activities. The following discussion.
introduces the calculations on the drawings contained in this appendix, and explains site-specific
items relevant to the ESC plan.
The Dillsboro Reservoir Dredging Project proposes to remove a large amount of river bottom
sediment from behind the Dillsboro Dam prior to the dam's removal. A small parcel of land
along the reservoir just above Dillsboro Dam will provide the necessary area for Carolina Sand
Inc. operations. This site will contain two temporary basins; one settling basin in which the sand
will be collected, and one clarifying basin in which the fines will be collected. The clarifying
basin will also function as the sediment basin for the site's ESC plan.
Implementation of the ESC plan for the site will begin with a silt fence sediment barrier installed
around the perimeter, to be located such that it stays 10 feet from the edge of water.
Additionally, a second silt fence sediment barrier will be installed around the organic and silt
screening pile but inside the exterior site perimeter sediment barrier. The site perimeter sediment
barrier and the sediment barrier around the organic and silt screening pile will have rock outlets
to provide passage of water after settlement of the sediment has occurred.
The existing access road to the site, located approximately at the T-intersection of Momoe
Buchanan Road and Mockingbird Lane, will be utilized to enter and exit the project area. The
access road will be constructed to follow Section 6.06 of the North Carolina Erosion and
Sediment Control Planning and Design Manual guideline for temporary gravel construction
entrance/exit as shown on Figure 2.
The existing drainage for the site currently flows from the reservoir's edge towards the road, and
the proposed site will be graded toward a central basin to prevent runoff into the river from
inside the site perimeter sediment barrier. Two culverts cross Mockingbird Lane and discharge
onto the site. Because the water has runoff from undisturbed land, the culverts will be extended

and routed off the site to a riprap apron prior to being released into the reservoir. Either a
corrugated metal pipe (CMP) elbow acid T-connection or two concrete junction boxes will be
used to keep the runoff from entering the site. As necessary, additional surface water flow
barriers will be field located at the perimeter to ensure that no surface runoff will leave the
perimeter without passing through the sediment basin. In the event that this self-contained
drainage design requires field located sump pumps to provide a dry work site, all pumps will
discharge into the sediment basin.
Specific design calculation considerations are discussed below for the settling basin and the
sediment(clarifying)basin.
1. Settling basin
The temporary settling basin is sized using an estimated 3 cubic feet per second (cfs)
pumping rate from the dredge barge provided by Mr. Wayne Cassavaugh of Carolina Sand
Inc. Depending on season, the operation is anticipated to run between 8 to 10 hours per day.
The percentage of sand within the volume pumped is estimated to be 20 percent. The riser-
only settling basin outlet design provides that only water will decant into the clarifying basin.
Both the riser and the culvert pipes will be made of high density polyethylene (HDPE)
material. The sand is to be removed daily from the settling basin.
2. Sediment (Clarifying)basin
Sediment basin inflows are calculated using the U.S. Department of Agriculture-National
Resource Conservation Service's Win TR-55 Small Watershed Hydrology software package.
The sediment basin drainage area is the 3.5 acre site. The road forming the southeast boarder
of the site drains away from the site into two culverts that cross under the road. These
culverts will be extended to bypass the site. The other site drainage area border is the
reservoir. The site land use type is newly graded pervious soil with no vegetation. A time of
concentration (Tc) of 0.10 hour is used for the basin drainage area. The curve number is
from Table 8.03(e) of the North Carolina Erosion and Sediment Control Planning and
Design Manual, dated June 1, 2006. The design storm is a 24-hour, 25-year recurrence
rainfall event with intensities for the city of Asheville from Table 8.030) of the Erosion and
Sediment Control Planning and Design Manual. The output for TR-20 and TR-55 are
included in this appendix.

Using the disturbed area and peak inflow discussed above, the required size of the sediment
basin is determined based on the design criteria of Section 6.61 of the North Carolina
Erosion and Sediment Control Planning and Design Manual, dated June 1, 2006, with the
exception that a 25-year (rather than a 10-year) design storm is used for this design.
Sediment basin sizing results are smmnarized on the drawings, and the required sediment
basin surface areas and volumes are compared with those provided by the sediment basin
shown on the drawings. The sediment basin's emergency spillway is an HDPE vertical riser,
which is sized to pass the 25-year peak flow rate. This spillway capacity combined with a
basin volume sufficient to contain the 25-year storm volume without spilling is a
conservative basin design. The sediment basin's normal outlet is a skimmer, which is sized
to provide more than one full day for the sediment to settle per Section 6.64 of the Erosion
and Sediment Control Planning and Design Manual. The dredging flow rate is included in
the skimmer design but not in the spillway design because it is assumed that in-river
dredging activity would be curtailed during a 25-year stoma event.
The sediment basin will be field located at the lowest elevation possible. The sediment basin
bottom elevation (nominally 0.0 foot on the drawing) will be 0.5 foot above the normal full
reservoir elevation of the Dillsboro reservoir to allow for sediment basin maintenance. Since
the normal full pond elevation of Dillsboro is 1972.0 feet MSL, the expected elevation of the
sediment basin bottom will be approximately 1972.5 feet MSL.
The elements of the ESC plan described on the drawings and in this appendix are designed to
work together to prevent and contain site sedimentation associated with the activities of the
Dillsbom Dam Dredging Project. If you have any questions or need additional information,
please contact Stephen R. Gaffney, P.E. at (704) 342-7311 or by email at
Steve.eaffney(Et devinetarbell.com.

aF Warfi
R I d.R I S
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November 21,2007
Duke Energy Carolinas,LLC
Attrl Mr.Jeffrey Lineberger
Manage;, Hydro Licensing
WC12Y
525 South Church Street
Charlotte,NC 28202.1802
Re: Wisdom dam removal project
Jackson County
DWQ#2003-0179,version6.0
APPROVAL of 401 Water Quality Certification with AddltlonalConditions
Deer Mr. Lineberger
Attached hereto is a copy of Certification No.888886 issued to Duke Energy Carolinas,LLC dated
November 8,2007, In addition, you snoulc get any other federal,state or local permits before you go
.ahead with your projec,including {but nor limited tot Solid Waste,Sediment anc Erosion Control.,
Stormwater,Dam Safety, Non-discharge and Water Supply Watershed regulations.
If we car.be of further assistance,do no hesitate to contact us.
Sincerely,
�/ oieen N.Sullins,Director
CHS/jrd
Attachments: Certificate of Completion
cc: Amanda Jones, US. Army Corps of Engineers,AshevilleRegulatory Field Office
Kevin Barnett, Di Asheville Regional Office _
DLR AshveilleRegional Office
File Copy
Central Files
Public Hearing mailing list
Paul Nolan,6515'North 17i".Stree,Arlington„VA 222D5
Jason Isbanioly,Devine,Tarball and Associates, Inc.,400 S.Tryon Street,Suite 2401,Cvharlotle,
NC 28285
T.J.Walker,Didsboro Inn,P.O.Box 27C, 46 Kern River Road Dilisborc, NC 28725
Unidentified FERC stall: :.
.Steve Reed, N.C. Division of Water Resources
filename:20030179version6:01)lilsboroDam(Jackson)401
49 0,ee Bh li rzsn Rwiex Peratran,g llnii
!650 Mail S,rvim Crnlcp vilmph,Nmth Grelina 276's 1G90
23n Creal aoulevanT,Same 2,50,Raieleh,Nemh Ceruilnn 276r i
A...e 919-933-1]g6:FAX 919-73g6893%Limn n,'.h coXd ser nmane rn�ai
An Gquut Oppnnuo4y/Afin»ativr Anion Tmplvyer-90%Re9yci,ei Puri Cre nomer Paper

Pure 2 ir"
November b,200?
NORTH CAROLIN.A 401 WATER QUALIT) CERTIFICATION
THIS CERTIFICATION is issued in conformity with the requirements m Section 401 Public Laws 92-500
and 95-217 of the United States and subject to the North Carolina Division of Water Quality(DWO)
Regulations ir. 15 NCAC 2H,Section .0500 to remove the Dilisborn cam one powerhouse in Dilisborn,NC
or the Tuckasegee River In Jackson County, North Carolina,pursuant to an application filed on the March
23,2007,and in additional correspondence received June 27,2007 end Octobar 25,2007.
The application and supporting documentation provides adequate assurance that the proposed won;will
not resol!in a violation ofartordable Water Quality Standards and discharge guidelines. Therefore,the
Store of North Caroline certifies teat this activity will not violate the applicable portions of Sections 301,
302.. 303,306,307 of:PL'92-500 and PL 95-217..If.conducted in accordance with the application,the
supporting documentation,and conditions hereinafter set forth.
This approval is only valid for the purpose and design submitted in the application. If the:project is
changed,prior to notification now application for a now Certification is required. If the property is sold,
the new owner must be given a copy of the Certification and approval letter and is thereby responsible for
complying with all conditions of this Certification. Any new owner must notifp'the.Division and request the
Certification be issued in their name. Should welland a.stream fill be requested ir.the future,additional
compensatory mitigation may be required as described in 15A NCAC 2H .0506(h)(6)and.(7). If any plan
revisions from the approved site plan result in a change in stream or wetland impact or an increase in _
impervious surfaces, the DWQ shall be notified in writing and a new application for 40i Certification may
be required. For this approval to be valid,compliance with the conditions listed below is required.
Conditions of Certification:
5. Impacts Approved
The following impacts are hereby approved as Iona as all of the other spacific and general
conditions of this Certification (or Isolated Weiland Permit)Permit)are met NO other impacts are
approved including Incidentalimoacts:
Amount Approved Amount Approved Plan Location o7
(Units)—Permanent (Units)—Temporary fill , Reference
fill
j River I Zero (feet) 1102 (feel) She plan
Sediment and Erosion Control:
2. Erosion and sediment control practices must be in full compliance with all specifications
governing the proper design,installation and operation and maintenance of suet Best
Management.Practices in order to protect surface waters standards:
a. The erosion and sediment control measures for the project must be designed,installed,
operated,and maintained in accordance with the most recent version of the North Carolina
Sediment and Erosion Control Planning and Design Manual
It. The design,installation,operation,and maintenance of the sediment and erosiomcontrol
measures must be such teat they equal,or exceed,the requirements specified in tee most
recent version of the North Carolina Sediment and Erosion Control Manuel The devices
shall be maintained on all construction sites,borrow sites,and waste pile{spoil)projects,
including contractor-owned or leased borrow pits associated with the project.
a For borrow pit sites,the erosion and sediment control measures mast be designed,installed,
operated.and maintained in accordance with the most teen!version of the North Carolina
Surface Mining Manual
d. The reclamation measures and implementation must comply with the reclamation in
accordance with the requirements of the Sedimentation Pollution Control Act.

Duke En.rgy
Page 3 of
Nmnrim,1,,2007
&. No waste,spoiL.solids, a fill of any kind shall occur in wetlands,waters,or riparian areas oeyond
Lie fooiprin:of the imm cte decided In the 4047401 Permit Application. All construction activities,
including the design„ installation.operation,and maintenance of sediment one erosion control Bar.
Management Practices,shall be performao so that no violations a state water quality standards,
statutes,or rules occur;
4. Sediment and erosion control measures shall not be paced in wetlands 0,waters to the maximum -
extent practicable. if placement of sediment anc arosion camrol devices in we0lands and waters is
unavoidable,they shall be removed:and the natura:grade matored within six months of the pate
that the DivisionofLand Resources has released the project;
Continuing Compliance:
5, Duke Power shall conduct construction activities in a manner.consistent with State water quality
standards(Including any requirements resulting from compliance with section 303(d)of the Clean
Water Act)and any other appropriate requirements.of.State law and federal law. If the Division
determines that such standards or laws are no:being met(including the failure tosustair.a
designated or achieved use)or that State or fedami law is being violated, or that further
conditions are'nakesearyr to assure compliance.the Division may reevaluate and modify this
Certification to include conditions appropriate to assure compliance with such standards and
requirements:in accordance with 15A NCAC 2H.0507(d). Before modifying the Certification, the
Division shall notify Duke Power and the.US Amy Corps of Engineers,provide public notice in
accordance with 15ANCAC 2H.0503 and provide moortuNty for public hearing in accordance
with 151,NCAC2H.0504. Any new or revised conditions'shall be provided 3o Duke Power in
writing,shall be provided to the United States Army Corps of Engineers for reference in any
Permit issued pursuant to Section 404 of the Cigar.Water Act,and shall also become conditions
of the 404Permit for the project;
Other conditions;
6. Sediment Removal
Duke Power shall remove 70,000 cubic yards of sediment from behind the dam before the dam
structure Incompletely removed.The total amount to be removed may be altered only if there is
sees than 70,000 cubic yards of sediment available for removal or It additional materials are
required for bank stabilization.Any deviations below the 70,000 cubic wens must be approved by
the.Divisiono+Water. This material sta 1. be disposed of in an upland disposal sites)or sold to
be used jr.upland sites.
7. Temporary Fills
Al.temporary fill and culverts shall be removed and the impacted area returnee to the original
grade, including each stream's original cross sectional dimensions,perform pattern,and
longitudinal bed and bed profile after seismic-related construction is complete..and the various
sites shall be stabilized:with natural woody vegetation(oxcept for the maintenance areas of
permanent.utility crossings)and restored to prevent erosion. tf the temporary fill Is not completely
removed and restored as described above within the specified time above,additional written
approval from she Office must be obtained to modify met condition.
7. Monitoring
Water quality monitoring shai',be done as outlined in the"Draft Dilisborc Dam and Powerhouse,
Removal Environments:Monitoring Program`prepared by Duke Carolinas and submitted on
October 25,2007-with the following changes:

Duke Lnerg}
Pup,4.4 4
November,9,2007
a. At least two(2)far add aquatic macobenthes collections shall be,made Defers dam
removal at offerem seasons.
b. Ful=scale benthis macrolnveneh;ate collections hatherthan just EDT coller,0ons)
shall be made.
a Post-dam removal monitoring shall be for a total of three 13)years.
d. Fish and macrobenthos collections In the lake pool snail be done in accordance with
Written:DWQ.approval for the monitoring plan.
o Pebble counts shall be added to the planned monitoring protocol for downstream and
upstream rive.,reaches at the same locations as the maerObeninos samples.
f. Water qualitvsampling must be done on at least a monthly basis during the pre dam
removal and monthy for toe post dam removal phases:for the first two years.
Quarterly samples are adequate for the third year of sampling. If sampling reveals
that measurements start to stabilize,then DWQ may reduce this monitoring
frequency upon wi iffen request and review.
- g. Chemical:and physica'.water quality monitoring data shall be reported to DWO
(Central Office and Asheville Regional Office)on a monthly basis and within 30 days
fallowing the end of the mond of the collections. The fish and macrobenthos data
shall he reported to DWQ annually by March +. of each year.
S The artificial structure of the dam shelf'.be removed down to the natural rocky substrate of the
channel
9. Sediment Management Plan-The Sediment Management Plan for the Dillsboro Dam Removal
as submitted on October 2S..:2007 shall be followed.
10. V any man-made debris Is revealed within the footprint of the lake during or sfim the removal of
the darn,such debris must be removed and disposed of in a proper upland location.
11.Any stream bank areas disturbed during the dam removal or mining operation shall be
revegrouped with woody:vegetation upor, completion:of me dam removal operation during ifine next fall-
during season. In any event,temporary vegetative cover must be installed on all disturbed stream bank
areas within one week of completion of wort:in that died,
Also,this approval to proceed with your proposed impacts or W conduct impacts to waters as
depicted in your application shall expire upon expiration of the 404 permit.
:If this Certification is unacceptable to you,you have the right to an adjudicatory hearing upon wrttian
request within sixty(60)days following receipt of this:Certification. This request must be in the form of a
written petition conforming to Chapter 150B of the North Carolina General Statutes and filed with the
Office of Administrative Hearings, 6714 Mail Service Center, Raleigh,N.C.27699-6714. ff modifications
are made to an original Certification,you have the;night to:an adjudicatoy hearing on the modifications
upon written request within:sixty(50).days following receipt of the Certification.Unless such demands
are made,this Certification shall be final and binding.
This the So day of November 2007
DIVISION OF WATER QUALITY
Z��,;J441
.�a.1 Coieen H.Sullins, Director
CHSfjrd !!!!

NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
PERMIT REQUIREMENTS
STATEMENT OF COMPLIANCE
PART I - MONITORING CONTROLS AND LIMITATIONS FOR PERMITTED
DISCHARGES
A) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS
i) Settleable solids - The monthly average shall not exceed 5.0m1/L and the daily
maximum shall not exceed 10.0 ml/L. Measuring shall be a semi-annual grab sample
of the effluent.
ii) Turbidity- The discharge shall not cause an instantaneous measurement of the turbidity
of the receiving water to exceed 10 NTU (trout waters). If the background turbidity
exceeds 10 NTU, the discharge shall not cause an increase in the turbidity of the
receiving waters.
iii) pH - The pH shall not be less than 6.0 standard units nor greater than 9.0 standard units
for freshwater classifications.
iv) No organic debris (e.g., sticks, leaves) removed to the shore shall be returned to any
surface waters. All such materials shall either be sold for approved commercial use
(e.g, landscaping) or deposited at the Jackson County Solid Waste Department
Transfer Station, located in Sylva,North Carolina.
v) The permittee shall operate the facility.
vi) Impacts to surface waters shall be minimized through sound management practices.
vii) There shall be no discharge of floating solids or visible foam in other than trace
amounts.
B) SCHEDULE OF COMPLIANCE
i) The permittee shall comply with Final Effluent Limitations by the effective coverage
date.
ii) The permittee shall at all times provide for the operation and maintenance necessary to
operate the existing facilities in Part II.C.2 of the permit requirements.

C) APPLICABLITY
i) The Dillsboro Sand Mining Project is an in-stream mining operation using a hydraulic
vacuum dredger. Wastewater discussed in this document is the water decanted from
the settling and clarifying ponds.
ii) No other stormwater outfalls shall be diverted to the settling ponds. Roadside culverts
extending onto the site shall be piped through the area and shall not be treated in the
settling ponds. -
D) NOTICE OF INTENT
This is not a Notice of Intent, but rather a Certification of Compliance, and therefore not all of
the information requested in Section D is applicable.
i) Wayne Cassavaugh, Carolina Sand Inc., 2440 Angus Lane, Lenoir, NC 28645
[phone].
ii) Dillsboro Reservoir Sand Mine, Wayne Cassavaugh, Mockingbird Lane, Dillsboro,
NC, 28725, [phone]
iii) N/A
iv) The discharge shall be limited to water decanted from sand and sediment withdrawn
from the Dillsboro Reservoir. There shall be one (1) discharge point that can carry
approximately 20 MOD. However, because the sand dredging will only take place for
8 to 10 hours per day for 6 days per week, the actual amount of discharge will be much
less than maximum capacity. In addition to extended settling time, approved
flocculents may be used to improve discharge water quality. Please refer to the
attached stormwater management narrative and drawings for facility details and
calculations.
v) The Dillsboro Reservoir is the receiving waters and is part of the Tuckasegee River.
The stream classification at this point is C-Trout.
vi) Due to site size constraints (3.5 acres), the nature of the discharge (i.e., non-oxygen-
consuming waste), and the temporary nature of the project (6 months), no other
discharge disposal methods are feasible and therefore do not warrant a comparative
analysis.
vii) Please refer to the enclosed drawings and maps.
viii) Please refer to the enclosed drawings, calculations, and narrative.
ix) All information provided within this Certification of Compliance is true, complete, and
accurate.

Additionally, the permittee understands and shall actively comply with all parts of Sections II, III
& IV of General Permit NCG520000 including all general conditions, operation and
maintenance of pollution controls requirements, monitoring and recording requirements,
reporting requirements, other requirements, and the annual administering and compliance fee.

STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT,AND NATURAL RESOURCES
DWISION OF WATER QUALITY
GENERAL PERMIT NO.NCG520000
TO DISCHARGE IN-STREAM SAND MINING WASTEWATER ASSOCIATED STORMWATER AND SIMILAR
WASTEWATERS UNDER THE
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
In compliance with the provision of North Carolina General Statute 143-215.1, other lawful standards and regulations
promulgated and adopted by the North Carolina Environmental Management Commission, and the Federal Water Pollution
Control Act,as amended,this permit is hereby issued to all owners or operators,hareafter pemdttees,which are covered by
this permit as evidenced by receipt of a Certificate of Coverage issued from the Environmental Management Commission to
allow the discharge of wastewater and stormwater in accordance with the effluent limitations,monitoring requirements, and
other conditions set forth in Parts I,II,III and IV hereof.
Coverage under this permit is applicable to:
• Wastewater discharges from in-stream sand dredging/dragline operations and sunilar operations.
• Stormwater ondalls associated with in-stream sand muting. Stor water on the site which does not naturally drain to
settling ponds or sand piles should not be diverted in such a manner as to comingle with wastewater from site operations.
A stormwater general permit should be obtained for any separate stormwater discharges not directly related to the sand
mining operations.
This permit shall become effective August 1,2002.
This permit shall expire at midnight on July 31,2007.
Original signed by Gregory J. Thorpe Date:05131102
Gregory J.Thorpe,Ph,D.,Acting Director
Division of Water Quality
By Authority of the Environmental Management Commission

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General Permit NCO520000
PART
SECTION B. SCHEDULE OF COMPLIANCE
I. The permittee shall comply with Final Effluent Limitations by the effective date of the Certificate of Coverage.
2. Tannims. shall at all tines provide the operation and maintenance necessary to operate the existing facilities in
accordance with Part ILC.2 of this permit.
SECTION C. APPLICABLITY
This permit is applicable to the following types of discharges:
1. Wastewater from in-stream sand mining operations using dredging, dragline or similar equipment. This wastewater is
typically from sand piles deposited on the bank or from settling ponds.
2. Stornwater associated with the in-stream sand mining operations. This stornwater is typically runoff from sand piles or
stonnwater which accumulates in the settling ponds. Stonnwater outfalle which do not naturally drain to settling ponds or
other mining operations should not be diverted to comingle with wastewater. If the slornwater anthills are separate and
distinct from the mining operations,a stonnwater general permit should be obtained.
SECTIOND. NOTICE OFINTENT
Individuals who intend to obtain coverage under this general permit, shall submit a Notice of Intent(NOI)applicable to this
general permit. A current version of the NOI for this general perm[ can be obtained by contacting the Stormwater and
General Permits Unit at 919/733-5083 or can be downloaded from the Internet at:
htty/Ai2 tat /su/so ter.htrftI NOIs must be signed and submitted to the Stornowder and General
Permits Unit,1617 Mail Service Center,Raleigh,NC 27699-1617. Applicants who have submitted a completed NOI are at
authorized to discharge until a Certificate of Coverage is issued. In general,the NOI shall include the following information:
1. The mailing address and telephone number for the owner and/or operator.
2. The facility more,address and telephone number where the discharge will occur.
3. The permit number of any NPDES permits)for my discharge(s)from the site.
4, A description of the discharge,including the number of discharge points,the volume of discharge,the frequency of
discharge and any treatment methods applied prior to discharge.
5. The name of the receiving waters and the stream classification(if known).
6. An analysis of rain-discharge alteratives,including connection to a regional sewer collection system,subsurface disposal
and spray irrigation.
7. A 7.5 minute series USGS topographic map with the discharge location clearly indicated.
8. Final plans and specifications for the treatment system and all major components(if applicable).
9. A certification that the information contained in the NOI is true,complete and accurate.
PART H
STANDARD CONDFITONS FOR NPDES PERMUS
SECTION A. DEFIMTIONS
1. Permit Issulne Authority. The Director of the Division of Water Quality,
2. DWO or Division: Division of Water Quality,Department of Environment and Natural Resources.
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General Perin NCG520000
3, EMC: North Carolina Environmental Management Commission.
4, Permiltee: The entity who obtains coverage under this general permit by subsequent issuance of a "Certificate of
Coverage"by the Division of Water Quality.
5. Act or"the Act": The Federal Water Pollution Control Act,also known as the Clean Water Act, as amended,33 USC
1251,at.seq.
6. Concentration Measurements
a. Average Monthly Concentration: The suer of the concentrations of all daily discharges sampled and/or measured
during a calendar month on which daily discharges are sampled and measured, divided by the number of daily
discharges sampled and/or measured during such month(anthnretic mean of the daily concentration values). The
daily concentration value in the case of grab samples is the arithmetic mean (weighted by flow value) of all the
samples collected during that calendar day.
b. Maximum Daily Concentration: The concentration of a pollutant discharge during a calendar day. If only one
sample is taken owing any calendar day the concentration of pollutant calculated from it is the "Maximum Daily
Concentration". It is identified as"Daily Maximum"in Part I of the permit.
7, Other Measurements
Flow(MGD): The 24 hours average flow,averaged monthly. It is.detem fined as the arithmetic mean of the total daily
flows recorded during the calendar month.
8. Grab Samples Individual samples of at least 100 ml collected over a period of time not exceeding 15 minutes. Grab
samples can be collected manually,
9. Calculation of Means
a Arithmetic Mean:The summation of the individual values divided by the number of individual values.
b, Geometric Mean: The Nth root of the product of the individual values where Nis equal to the number of individual
values. The geometric mean is equivalent to the amilog of the arithmetic mean of the logarithms of the individual
values. For purposes of calculating the geometric mean,values ofzero(0)shall be considered to be one(1).
c. Weighted by Flow Value:The summation of each concentration times its respective flow divided by the summation
of the respective flows.
10, Calendar Dav: The period from midnight of one day until midnight of the next day. However, for purposes of this
permit,any consecutive 24-hour period that reasonably represents the calendar day may be used for sampling.
11. Hazardous Substance: Any substance designated under 40 CFR Part 116 pursuant to Section 311 of the Clean Water
Act.
12. Toxic Pollutant Any pollutant listed as toxic under Section 307(a)(1)of the Clean Water Act.
13. Bynum The intentional diversion of waste streams from any portion of a treatment facility(including the collection
system). The permittee may allow any bypass to occur which does not cause effluent limitations to be exceeded,but only
if it also is for essential maintenance to assure efficient operation.
14. Severe Property dams= Substantial physical damage to property, damage to the treatment facilities which causes them
to become inoperable,or substantial and permanent loss of natural resources which can reasonably be expected to occur
in the absence of a bypass. Severe property damage does not mean ecommic loss caused by delays in production
15. Upset. An exceptional triennial in which there is unintentional and temporary noncompliance with technology-based
permit effluent limitations because of factors beyond the reasonable control of the pernattce. An upset does not include
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General Permit NCG520000
noncompliance to the extent caused by operational error,improperly designed treatment facilities,inadequate treatment
facilities,lack ofpreventive maintenance,or careless or Improper operation.
16. In-stream muting. Materials mined below water, in rivers, estuaries, lakes and oceans which must be removed with
specialized equipment including dredges,draglines and floating craves.
.SECTION B. GENERAL CONDITIONS
1. Duty to Comply
The permittee must comply with all conditions of this general permit. Any permit noncompliance constitutes a violation
of the Clean Water Act and is grounds for enforcement action; for permit termination, revocation and missuanoe,
modification,or denial of a permit upon renewal application.
a. The permittee shall comply with standards or prohibitions established under section 307(a)of the Clean Water Act
for toxic pollutants within the time provided to the regulations that establish these standards or prohibitions,even if
the permit has not yet been modified to incorporate the requirement.
In. The Clean Water Act provides that any person who violates section 301,302,306,307, 308,318 or 405 of the Act,
or any permit condition or limitation implementing any such sections in a permit issued under section 402,is subject
to a civil penalty not to exceed $27,500 per day for each violation. Any person who negligently violates such
sections, or any permit condition or limitation is subject to criminal penalties of$2,500 to $25,000 per day of
violation,or imprisonment for not more than 1 year,or both. In the case of a second or subsequent conviction for a
negligent violation,a person shall be subject to criminal penalties of not more than$50,000 per day of violation,or
by imprisonment afraid more than 2 years,or both. Any person who knowingly violates such sections,or my permit
conditions or limitations is subject to criminal penalties of$5,000 to $50,000 per day of violation,or imprisonment
for not more than 3 years, or bo& to the case of a second or subsequent conviction for a knowing violation, a
person shall be subject to criminal penalties of not more than$100,000 per day of violation,or imprisovmevt afoot
more than 6 years, or both. Any person who knowingly violates such sections, or any permit conditions or
limitations,and who knows at that time that he thereby places another person in imminent danger of death or serious
bodily injury, shall,upon conviction,be subject to a fine of not more than$250,000 or imprisonment of not more
than 15 years, or both. In the case of a second or subsequent conviction for a knowing endangerment violation, a
person shall be subject to a fine of not more than$500,000 or by imprisonment of not more than 30 years,or both.
An organization(as defined in section 309 of the Clean Water Act)shall,upon conviction of violating the imminent
danger provision,be subject to a fine of hot more than$1,000,000 and can be fined up to $2,000,000 for second or
subsequent convictions. Also,any person who violates a permit condition maybe assessed an administrative penalty
not to exceed $11,000 per violation with the maximum amount not to exceed $137,500. [Ref: Section 309 of the
Federal Act 33 USC 1319 and 40 CFR 122.41(a).]
c. Under state law,a daily civil penalty of not more than twenty-five thousand dollars($25,000)per violation may be
assessed against any person who violates or fails to act in accordance with the terns,conditions,or requirements of a
permit. [Ref:North Carolina General Statutes 143-215.6A]
d. Any person may be assessed an administrative penalty by the Director for violating section 301,302,306,307,308,
318,or 405 of the Act,or any permit condition or limimtion implementing any such sections in a permit issued under
section 402 of the Act. Administrative penalties for Class I violations are not to exceed$11,000 per violation,with
the maximum amount of any Class I penalty assessed not to exceed$27,500. Penalties for Class II violations are not
to exceed $11,000 per day for each day during which the violation continues, with the maximum amount of any
Class II penalty not to exceed$137,500.
2. Duty to Mhieate
The pemittee shall take all reasonable steps to minimize or prevent any discharge in violation of this permit which has a
reasonable likelihood of adversely affecting human health or the environment.
3. Civil and Criminal Liability
Except as provided in permit conditions on"Bypassing" (Part II,CA)and "Power Failures" (Part II, C.7.),nothing in
this permit shall be construed to relieve the permittee from any responsibilities,liabilities,or penalties for noncompliance
pursuant to NCGS 143-215.3,143-215.6 or Section 309 of the Federal Act, 33 USC 1319. Furthermore,the permittes is ..
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General Perot NCG520000
responsible for consequential damages, such as fish kills,even though the responsibility for effective compliance may be
temporarily suspended.
4. Oil and Hazardous Substance Liability
Nothing in this permit shall be construed to preclude the institution of any legal action or relieve the permittes from any
responsibilities,liabilities,or penalties to which the permitme is or may be subject to under NCGS 143-215.75 et seq. or
Section 311 of the Federal Act,33 USC 1321. Furthermore,the perrittee is responsible for consequential damages,such
as fish kills,even though the responsibility for effective compliance may be temporarily suspended.
5. Property Rights
The issuance of this permit does not convey any property rights in either real or personal property, or any exclusive
privileges,nor does it authorize any injury to private property or any invasion of personal rights,nor any infringement of
Federal,State or local laws or regulations.
6. Onshore or Offshore Construction
This permit does not authorize or approve the construction of any onshore or offshore physical structures or facilities car
the undertaking of any work in any navigable waters.
7. Severability
The provisions of this permit are severable,and if any,provision of this permit,or the application of any provision of ties
permit to any circumstances,is held invalid,the application of such provision to other circumstances,and the remainder
of this permit,shall not be affected thereby.
8. Duty to Provide Information
The per ittee shall furnish to the Permit Issuing Authority,within a reasonable time,any information which the Parent
Issuing Authority may request to determine whether cause exists for modifying,revoking and reissuing,or terminating
this permit or to determine compliance with this permit. The permute,shall also famish he the Permit Issuing Authority
upon request,copies ofrecords required to be maintained by this permit.
9. Duty to Resort
If the peruittee wishes to continue an activity regulated by this permit after the expiration date of this permit, the
Pennines,must apply for and obtain a newp scent.
10. Permit Terrnimation
After pubhc notice and report my for a hearing, the general permit and Certificates of Coverage issued under this
general permit may be tennirated for cause.
11. When an Individual Permit may be Required
The Division may require any owner authorized to discharge under this permit to apply for and obtain an individual
permit, Cases where an individual permit may be required include,but are not limited to,the following:
a. The discharger is a significant contributor of pollution.
b. Conditions at the operating facility charge altering the constituents and/or characteristics of the discharge such that
the discharge no longer qualifies for a General Permit
c. The discharge violates the terms or conditions of this permit,
d. A change has occurred im the availability of demonstrated technology or practices for the control or abatement of
pollutants applicable to the point source.
e. Effluent limitation guidelines are promulgated for the point sources covered by this permit.
f. A water quality management plan containing requirements applicable to such point sources is approved after the
issuance of tins permit.
This permit may be terminated for any ofthe reasons set forth above after appropriate notice in accordance with N.C.G.S.
143-215.1.
12. When an Individual Permit may be Requested
Any permittee operating murder this General Permit may request to be excluded from coverage by applying for an
individual permit. When an individual permit is issued,coverage under this General Permit is automatically terminated
on the effective data of the individual permit.
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13. Signatory Requirements
All applications,reports,or information submitted to the Permit Issuing Authority shall be signed and certified.
a. All permit applications shall be signed as follows'.
(1) For a corporation: by a responsible corporate officer. For the purpose of[his Section,a responsible corporate
officer mesas: (a) a president,secretary,treasurer or vice president of the corporation in charge of a principal
business function, or any other person who performs similar policy, or decision making functions for the
corporation,or(b)the manager of one or more manufacturing production or operating facilities employing more
than 250 persons or having gross annual sales or expenditures exceeding 25 million (in second quarter 1980
dollars), if authority to sign documents has been assigned or delegated to the manager in accordance with
corporate procedures.
(2) For a partnership or sole proprietorship: by a general partner or the proprietor,respectively;or
(3) For a municipality, State,Federal, or other public agency: by either a principal executive officer or ranking
elected official.
b. Ali reports required by the pemdt and other information requested by the Permit Issuing Authority shall be signed by
a person described above or by a duly authorized representative of that person. A person is a duly authorized
representative only if:
(1) The authorization is made in writing by a person described above;
(2) The authorization specified either an individual or a position having responsibility for the overall operation of
the regulated facility or activity, such as the position of plant manager, operator of a well or well field,
superintendent,a position of equivalent responsibility,or an individual or position having overall responsibility
for environmental matters for the company. (A duly authorized representative may thus be either a named
individual or any individual occupying a named position);and
(3) The written authorization is submitted to the Pernnd Issuing Authority.
c. Certification: Any person signing a document under paragraphs a. or b. of this section shall make the following
certification:
"I certify,under penalty of law, that this document and all attachments were prepared under my direction or
supervision in accordance with a system designed to assme that qualified personnel properly gather and
evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or
those persons directly responsible for gathering the information,the information submitted is,to the best of my
knowledge and belief, true, accurate, and complete. I am some, that there are significant penalties for
submitting false information,including the possibility of fines and imprisonment for knowing violations."
14, Permit Actions
This permit maybe modified,revoked and reissued,or terminated for cause. The filing of a request by the permittee for
a permit modification, revocation and reissuance, termination, or a notification of planned,changes or anticipated
noncompliance does not stay any permit condition.
15. Permit Modification.Revocation and Reissuance or Termination
The issuance of this permit does not prombit the permit issuing authority from reopening and modifying the permit,
revoking and reissuing the permit,or terminating the permit as allowed by the laws,pales, and regulations contained in
Title 40, Code of Federal Regulations, Parts 122 and 123; Title 15A of the North Carolina Administrative Code,
Subchapter 2H.0100;and North Carolina General Statute 143-215.1 et.al.
SECTION C. OPERATION AND MAINTENANCE OF POLLUTION CONTROLS
1. Certified Operator
Pursuant to Chapter 90A-44 of North Carolina General Statutes, the pernit[ee shall employ a certified wastewater
treatment plant operator in responsible charge(ORC)of the wastewater treatment facilities. Such operator must hold a
certification of the grade equivalent to or greater than the classification assigned to the wastewater treatment facilities.
The pemtiltee shall notify the Division's Technical Assistance and Certification Unit within thirty days of any change in
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General Permit NCG520000
the ORC status. NOTE, This requirement does not apply until the penalties receives a latter notifying them of
classification of the facility Currently facilities me not being classified for thl,purpose,but may at some time Is,the
future.
2. Prover Operation and Maintenance
The permittee shall at all times properly operate and maintain all facilities and systems of treatment and control (and
related appurtenances) which are installed or used by the permittee to achieve compliance with the conditions of this
permit. Proper operation and maintenance also includes adequate laboratory controls and appropriate quality assurance
procedures. This provision requires the operation of back-up or auxiliary facilities or similar systems which are installed
by a permittee only when the operation is necessary to achieve compliance with the conditions of the permit.
3, Need to Halt or Reduce not a Defense
It shall not be a defense for a munittee in an enforcement action that it would have been necessary to halt or reduce the
permitted activity in order to maintain compliance with the conditions of this permit.
4. Bypassing of Treatment Facilities
_ a. Bypass not exceeding Intimations.
The parramee may allow any bypass to occur which does not cause effluent limitations to be exceeded,but only if it
is for essential maintenance to assure efficient operation. These bypasses are not subject to the provisions of
Paragraphs b.and c.of this section.
b. Notice
(1) Anticipated bypass. If the permince knows in advance of the need for a bypass, it shall submit prior notice at
least ten days before the date of the bypass',including,if possible,an evaluation of the anticipated quality and
affect of the bypass.
(2) Unanticipated bypass. The pemrittee shall submit notice of an unanticipated bypass as required in Part II.E.6 of
this permit (24-how notice).
c. Prohibition of Bypass
(1) Bypass is prohibited and the Permit Issuing Authority may take enforcement action against a pennittee for
bypass,unless:
(a) Bypass was unavoidable to prevent loss of life,personal injury or severe property damage;
(b) There were no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities,
retention of untreated wastes or maintenance during normal periods of equipment downtime. This
condition is not satisfied if adequate backup equipment should have been installed in the exercise of
reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment
downtime or preventive maintenance;and
(a) The permittee,submitted notices as required under Paragraph b.of this section.
(2) The Permit Issuing Authority may approve an anticipated bypass, after considering its adverse affects, if the
Permit Issuing Authority determines that it will meet the three conditions listed above in Paragraph c. p)of this
section.
5. Upsets
a. Effect of an upset.
An upset constipdes an affirmative defense to an action brought for noncompliance with such technology based
permit effluent limitations if the requirements of paragraph b. of this condition are met. No determination made
dining administrative review of claims that noncompliance was caused by upset, and before an action for
noncompliance,is final administrative action subject to judicial review.
b. Condihons necessary for a demonstration of upset.
A retrainee who wishes to establish the affirmative defense of upset shall demonstrate, through properly signed,
contemporaneous operating logs,or other relevant evidence that:
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General Permit NCG520000
(J) An upset occurred and that the pernidee can identify the cause(s)of the upset
(2) The permitted facility was at the time being properly operated;
(3) The purniltee submitted notice of the upset as required in Part ll.E.6.6.2 of this permit;and,
(4) The parmittee complied with any remedial measures required under Part II.B.2 of this permit.
a Burdenofproof.
In any enforcement proceeding the penni tee seeking to establish the oceurence of an upset has the burden of proof.
6. Removed Substances
Solids,sludges,filter backwash,or other pollutants removed in the course of treatment or control of wastewaters shall be
disposed of in accordance with NCGS 143-215.1 and in a mamer which prevents any pollutant from such materials from
entering waters of the State or navigable waters of the United States. The pennihee shall comply with all existing federal
regulations governing the disposal of sewage sludge.Upon promulgation of 40 CFR part 503,any permit issued by the
Permit Issuing Authority for the disposal of sludge may be reopened and modified, or revoked and reissued, to
incorporate applicable requirements at 40 CFR Part 503. The pernriltee shall comply with applicable 40 CFR Part 503
Standards for the Use and Disposal of Sewage Sludge (when promulgated) within the time provided in the regulation,
even if the permit is not modified to incorporate the requirement. The permittee shall notify the Permit Issuing Authority
of any significant change in its sludge use or disposal practices.
7. Power Failures
The pennittee is responsible for maintaining adequate safeguards as required by DWQ Regulation, Title 15A, North
Carolina Administrative Code, Subchapter 2H, .0124 Reliability, to prevent the discharge of entreated or inadequately
treated wastes during electrical power failures either by means of alternate power sources,standby generators or retention
of inadequately treated effluent.
SECTION D. MONITORING AND RECORDS
1. Representative Samnline
Samples collected and measurements taker, as required herein, shall be characteristic of the volume and nature of the
permitted discharge. Samples collected at a frequency less than daily shall be taken on a day and time that is
characteristic of the discharge over the entire period which the sample represents. All samples shall be taken at the
monitoring points specified in this permit and,unless otherwise specified, before the effluent joins or is diluted by my
other wastestream,body of water, or substance. Monitoring points sbell not be changed without notification to and the
approval of the Permit Issuing Authority.
2. Flow Measurements
Appropriate flow measurement devices and methods consistent with accepted scientific practices shall be selected and
used to ensure the accuracy and reliability of measurements of the volume of monitored discharges. The devices shall be
installed, calibrated and maintained to ensure that the accuracy of the measurements are consistent with the accepted
capability of that type of device. Devices selected shall be capable of measuring flows with a maximum deviation of less
than 10%from the true discharge rates throughout the range of expected discharge volumes.
3. Test Procedures
Test procedures for the analysis of pollutants shall conform to the EMC regulations published pursuant to NCGS 143-
215.63 et. seq.,the Water and Air Quality Reporting Acts,and to regulations published pursuant to Section 304(g), 33
USC 1314,of the Federal Water Pollution Centel Act,as Amended,and Regulation 40 CFR 136, To meet the intent of
the monitoring required by this permit,all test procedures must produce minimum detection and reporting levels that are
below the permit discharge requirements and all data generated must be reported down to the minimum detection or
lower reporting level of the procedure. If no approved methods are determined capable of achieving minimum detection
and reporting levels below, permit discharge requirements, than the most sensitive (method with the lowest possible
detection and reporting level)approved method must be need.
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General Permit NCG520000
4. Penalties fin Tamueminc
The Clean Water Act provides that any person who falsifies, tampers with, or knowingly renders inaccurate, any,
monitoring device or method required to be maintained under this permit shall,upon conviction,be punished by a fine of
not more than$10,000 per violation,or by imprisonment for not more than 2 years,orb),both. In the case of a second or
subsequent conviction,punishment is a fine of not more than $20,000 per day of violation, or by imprisonment of not
more than 4 years,or both.
5. Records Retention
The peruttee shall retain records of all monitoring information,including all calibration and maintenance records and all
original strip chart recordings for continuous monitoring instrumentation,copies of all reports required by this permit,for
a period of at least 3 years from the date of the sample,measurement,report or application. This period maybe extended
by request of the Director at any Tine.
6, Recording Results
For each measurement or sample taken pursuant to the requirements of this permit, the permittee shall record the
following information:
_ a. The date,exact place,and time of sampling or measurements;
b. The individuals)who performed the sampling or measurements;
c. The date(s)analyses were performed;
d. The individual(s)who performed the analyses;
e. The analytical techniques or methods used;and
f The results of such analyses.
7. Inspection and Entry
The permittee shall allow the Director, or an authorized representative, upon the presentation of credentials and other
documents as may be required by law,to;
a. Enter upon the permittee's premises where a regulated facility or activity is located or conducted, or where records
must be kept under the conditions of this permit;
b. Have access to and copy any records that most be kept under the conditions of this permit;
c. Inspect any facilities,equipment(including monitoring and control equipment),practices,or operations regulated or
required under this permit;and
d. Sample or monitor,for the purposes of assuring permit compliance or as otherwise authorized by the Clean Water
Act,any substances or parameters at any location.
SECTION E. REPORTING REOUHIEMENTS
1. Submission of Reports
Submission of standardized monitoring forms or other monitoring reports to the Division is not required. All monitoring
information and copies of any reports required by this permit,must be retained on site for a period of at least 3 years from
the dale of the sample,measurement,report or application. This period may be extended by request of the Director at
any time.The permitted shall banish to the Permit Issuing Authority upon request,copies of records required to be kept
by the permit.
2. Change in Discharee
All discharges authorized herein shall be consistent with the terms and conditions of this permit. The discharge of any
pollutant identified in this permit more frequently than or at a level in excess oftlam authorized shall constitute a violation
of the permit.
3. Planned Chances
The permitee shall give notice to the Director as soon as possible of any planned physical alterations or additions to the
permitted facility. Notice is required only when:
a. The alteration or addition to a permitted facility may meet one of the criteria for determining whether a facility is a
new source in 40 CFR Part 122.29(h);or
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General Permit NC6520DOO
b. The alteration or addition could significantly change the nature of,or increase the quantity of pollutants discharged.
This notification applies to pollutants which are subject neither to effluent limitations in the permit nor to
notification requirements wider 40 CFR Part 122.42(a)(1).
4. Anticipated Noncompliance
The permittee shall give advance notice to the Director of any planned changes hr the permitted facility or activity which
may result in noncompliance with permit requirements.
5. Transfers
This permit is not transferable to any, person except after notice to and approval by the Director. The Director may
require modification or revocation and reissimme, of the permit and incorporating such other requirements as may be
necessary under the Clean Water Act.
6. Duty to Report Noncompliance
a. The permittee shall report to the central office or the appropriate regional office any noncompliance which may
endanger health or the environment. Any information shall be provided orally within 24 hours from the time the
permihee becomes aware of the circumstances. A written submission shall also be provided within 5 days of the
time the pemrittee becomes aware of the circumstances.
(1) The written submission shall contain a description of the noncompliance, and its cause; the period of
noncompliance, including exact dates and times, and if the noncompliance has not been connected, the
anticipated time it is expected to continue; and steps taken or planned to reduce, eliminate, and prevent
recurrence of the noncompliance.
b. The following shall be included as information which must be reported wither 24 hours under this paragraph.
(1) Any unanticipated bypass which exceeds any effluent limitation in the permit.
(2) Any upset which exceeds any effluent limitation in the permit.
(3) Violation of a maximum daily or monthly average discharge limitation for any of the pollutants listed by the
Director in the permit to be reported within 24 hours.
c. The Director may waive the written report on a case-by-case basis for reports under paragraph It above of this
condition if the oral report has been received within 24 hours.
7. Other Irrformation
Where the permittee becomes aware that it failed to submit any relevant facts in a permit application, or submitted
incorrect information in a permit application or in any report to the Director,it shall promptly submit the correct facts or
information.
8. Noncompliance Notification Procedure
The permittee shall report by telephone to either the central office or the appropriate regional office of the Division as
soon as passible, but in no case more than 24 hours or on the next working day following the occurrence or first
knowledge of the occurrence of any of the following:
a. Any occurrence at the water pollution control facility which results in the discharge of significant amounts of wastes
which are abnormal in quantity or characteristic,such as the damping of the contents of a sludge digester;the known
passage of a slug of hazardous substance through the facility;or any other unusual circumstances.
b. Any process unit failure,due to known or unknown reasons,that render the facility incapable of adequate wastewater
treatment such as mechanical or electrical failures of pumps,aerators,compressors,etc.
c. Any failure of a pumping station, sewer line,or treatment facility,resulting in a by-pass directly to receiving waters
without martment of all or any portion of the influent to such station or facility.
Persons reporting such occurrences by telephone shall also file a written report in letter form within 5 days following first
knowledge of the occurrence.
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General Permit NCG520000
9. Availabifity of Reports
Except for data determined to be confidential under NCGS 143-215.3(a)(2) or Section 308 of the Federal Act, 33 USC
1318, all reports prepared in accordance with the terms shall be made available for public inspection at the offices of
DWQ or at the site of the discharge within a reasonable time period,not to exceed five(5)days. As required by the Act,
effluent data shall not be considered confidential. Knowingly making am false statement on any such report may resuh
in the imposition of crintinal penalties as provided for in NCGS 143-215.1(b)(2)or in Section 309 of the Federal Act.
10. Penalties for Falsification of Reports
The can Water Act provides that any person who knowingly makes any false statement,representation, or certification
in any record or other document submitted or required to be maintained under this permit, including monitoring reports
or reports of compliance or noncompliance shall,upon comuction,be punished by a fine of not more than$10,000 per
violation,or by imprisonment for not more than two years per violation,or by both
PART III
OTHER REQUIREMENTS
_ 1. Previous Permits
All previous State water quality permits issued to this facility for this particular discharge,whether for construction or
operation or discharge, are hereby revoked by issuance of this permit and subsequent issuance of a Certificate of
Coverage. The conditions,requirements,terms, and provisions of this permit authorizing discharge under the National
Pollutant Discharge Elimination System govern discharges from this facility.
2. Construction
No construction of wastewater treatment facilities or additions thereto shall be begun until Final Plans and Specifications
have been submitted to DWQ and approval has been granted by the Division. Design and operation of facilities and/or
treatment works shall be in accordance with the application and supporting information. If facility deficiencies, design
and/or operational, are identified in the future which could affect the facility performance or reliability, it is the
responsibility of the pennittee to correct such deficiencies.
3. Limitations Reouener
This permit shall be modified or alternatively,revoked and reissued,to comply with any applicable effluent guideline or
water quality standard issued or approved under Sections 302(b)(2)(a),and(d), 304(b)(2),and 307(a)(2)of the Clean
Water Act,if the effluent guideline or water quality standard so issued or approved:
a. contains different conditions or is otherwise more stringent than any effluent limitation in the permit,or
b, controls any pollutant not limited in the permit.
The permit as modified or reissued under this paragraph shall also contain any other requirements in the Act then
applicable.
PART IV
ANNUAL ADMINISTERING&COMPLIANCE MONITORING FEE
The permith e most pay the annual administering and compliance monitoring fee(if any such fee is assessed)within 30
days after being billed by the Division. Failure to pay such fees in a timely marmot in accordance with 15ANCAC
2H.0105(b)(4)may cause the Division to initiate action to revoke the Certificate of Coverage.
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