Graham Co. Dams

PAT MCCRORY
7 F'� `-ram Governor
F1
ilsources
DONALD R. VAN DER VAART
Secretary
S. JAY ZIMMERMANWaterRe Director
ENVIRONMENTAL QUALITY
June 15, 2016
Lisa Perkey
Tennessee Valley Authority
400 W Summit Hill Dr
10 D W Tower
Knoxville TN 37902
SUBJECT: Compliance Evaluation Inspection
Fontana Hydro Plant
Permit No: NCO027341
Graham County
Dear Ms. Perkey:
On June 15, 2016, Mikal Willmer and I conducted a Compliance Evaluation Inspection of the NPDES
Discharge Permit that serves the TVA Fontana Hydro facility. Based on records reviewed, on-site
evaluation and interviews with staff, the system was determined to be in compliance with General Permit
NC0027341. An inspection report is attached for your records with findings summarized. The system and
its components appear to be well maintained and operated.
The assistance of Mr. John Biggs in conducting the inspections was greatly appreciated. If there are
questions or additional information is needed regarding system operation, maintenance, or permit
questions, please feel free to contact me at 828-296-4500. Please refer to the enclosed inspection report for
additional observations and comments.
Sincerely,
Tim Heim, P.E.
Environmental Engineer
Enc.
cc: MSC 1617-Central Files-Basement
6Asliev_ille_Files_:
\\Wp3dnfp06.eads.ncads.net\data\WR\WQ\Graham\Wastewater\Industrial\Fontana Hydro Plant 27341\CEI letter 06-15-2016.doc
State of North Carolina I Environmental Quality I Water Resources
2090 U.S.Highway 70 Swannanoa,NC 28778
828 296 4500

United States Environmental Protection Agency Form Approved.
EPA Washington,D.C.20460 OMB No.2040-0057
1 Water Compliance Inspection Report Approval expires 8-31-98
Section A:National Data System Coding(i.e.,PCS)
Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type
1 IN 1 2 15 I 3 I NCO027341 I11 12 16/06/15 17 18 Ld 19 �--L S j 201 I
211 I I I I I I I I I I I 1 1 1 1 1 I I I I I I I I I I I I I I 1 1 1 1 1 11 1 1 1 1 f 6
Inspection Work Days Facility Self-Monitoring Evaluation Rating B1 QA Reserved —
67 70 I J il
I 71 I l
I 72 L ,, � 731 II 174 75I III I I I I80
L Section B:Facility Data � I
Name and Location of Facility Inspected(For Industrial Users discharging to POTW,also include Entry Time/Date Permit Effective Date
POTW name and NPDES Permit Number) 09:30AM 16/06/15 13/05/01
Fontana Hydro Plant
Off NC Hwy 28 Exit Time/Date Permit Expiration Date
Asheville NC 28816 11:30AM 16/06/15 17/10/31
Name(s)of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data
Name,Address of Responsible Official/Title/Phone and Fax Number
Contacted
Lisa Perkey,400 W Summit Hill Dr Knoxville TN 37902//865-632-6770/
No
Section C:Areas Evaluated During Inspection(Check only those areas evaluated)
Operations&Maintenance E Pollution Prevention Facility Site Review Effluent/Receiving Waters
Section D:Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary)
(See attachment summary)
Name(s)and Signature(s)of Inspector(s) Agency/Office/Phone and Fax Numbers Date C
Timothy H Heim V17,/-- ARO WQ//B26-296-4665/
Mikal Willmer ARO WQ//828-296-4686/
Signature of Management 0 A Reviewer Agency/Office/Phone and Fax Numbers _ Date
EPA Form 3560-3(Rev 9-94)Previous editions are obsolete.
Page# 1

NPDES yr/mo/day Inspection Type 1
31 NCO027341 I11 12 16/06/15 17 18 L I
Section D:Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary)
Tim Heim and Mikal Willmer of the Asheville Regional Office performed a Compliance Evaluation
Inspection on June 15th, 2016. John Biggs (ORC) of TVA was present during the inspection.
The facility was well maintained and appeared to be in compliance at the time of the inspection.
Page# 2

Permit: NCO027341 Owner-Facility: Fontana Hydro Plant
Inspection Date: 06/15/2016 Inspection Type: Compliance Evaluation
Operations & Maintenance Yes No NA NE
Is the plant generally clean with acceptable housekeeping? 0 ❑ ❑ ❑
Does the facility analyze process control parameters, for ex: MLSS, MCRT, Settleable ❑ ❑ N ❑
Solids,pH, DO, Sludge Judge, and other that are applicable?
Comment: Housekeeping and maintenance of the facility were excellent at the time of the inspection.
Effluent Pipe Yes No NA NE
Is right of way to the outfall properly maintained? ❑ ❑ 0 ❑
Are the receiving water free of foam other than trace amounts and other debris? M ❑ ❑ ❑
If effluent (diffuser pipes are required) are they operating properly? ❑ ❑ 0 ❑
Comment: A trace amount of foam was observed in the discharge area at the bottom of the dam. It
appeared to be naturally occurring from pollen and turbulence and was not negatively
impacting the receiving stream. It is recommended that the ORC verify the source of this
material.
Page# 3

� ( fo
MCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Pat McCrory Charles Wakild, P. E. John E. Skvarla, III
Governor Director Secretary
April 5,2013
RECEIVED
Mr.Randell G.Rucker
Plant Manager A P A. 1 1 2013
Fontana Hydro Plant
1101 Market Street LP 3D
Chattanoo a Tennessee 37402 DWQ/Surface Water Protection Section
g Asheville Regional office
Subject: Issuance of NPDES Permit Renewal
Permit NCO027341
Fontana Hydro Plant
Graham County
Dear Mr.Rucker:
The Division of Water Quality(Division)personnel have reviewed and approved your application for
renewal of the subject permit. Accordingly,we are forwarding the attached NPDES discharge permit. It
is issued pursuant to the requirements of North Carolina General Statute 143-215.1 and the Memorandum
of Agreement between North Carolina and the U.S.Environmental Protection Agency dated October 15,
2007,or as subsequently amended.
There are no changes to this permit from the draft permit dated February 13,2013, and no changes from
your current permit except for minor narrative updates.
If any parts,measurement frequencies, or sampling requirements contained in this permit are
unacceptable,you have the right to an adjudicatory hearing upon written request within thirty(30)days
after receiving this letter.Your request must take the form of a written petition conforming to Chapter
150B of the North Carolina General Statutes,and must be filed with the Office of Administrative
Hearings, 6714 Mail Service Center,Raleigh,North Carolina 27699-6714.Unless such demand is made,
this permit remains final and binding.
This permit is not transferable except after notifying the Division of Water Quality.The Division may
modify and re-issue,or revoke this permit.Please notice that this permit does not affect your legal
obligation to obtain other permits required by the Division of Water Quality,the Division of Land
Resources,the Coastal Area Management Act,or other federal or local governments.
1617 Mail Service Center,Raleigh,North Carolina 27699-1617
Location:512 N.Salisbury St.Raleigh,North Carolina 27604
Phone:[phone] FAX:[phone]
Internet www.nmaterouality.m One
An Equal Opportunity lAffirmative Action Employer NorthCarolina
AM WAY

If you have questions;or if we can be of further service,please contact Jim McKay at
[e-mail] or call(919) 807-6404.
Sincerely,
Charles Wakild,P.E.
Enclosure: NPDES Permit FINAL NCO027341 -Fontana Hydro Plant
cc: NPDES Unit
Central Files
?Ashevill'e Regional office/Surface Water Pfotection

Permit NCO027341
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
PERMIT
TO DISCHARGE WASTEWATER 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,
Tennessee Valley Authority
is hereby authorized to discharge wastewater from a facility located at
Fontana Hydro Plant
On NC Highway 28
Northeast of Fontana Village at Fontana Dam
Graham County
to receiving waters designated as the Little Tennessee River in the Little Tennessee River Basin
in accordance with effluent limitations,monitoring requirements,and other conditions set forth in Parts
I,11, III, and IV hereof.
This permit shall become effective May 1,2013.
This permit and authorization to discharge shall expire at midnight on October 31,2017.
Signed this day April 5,2013.
s
�L)X Charles Wakild,P.E.,Director
Division of Water Quality
By Authority of the Environmental Management Commission

Permit NC002734
SUPPLEMENT TO*PERNUT COVER SHEET
All previous NPDES Permits issued to this facility,whether for operation or discharge are hereby revoked,and as of
this issuance, any previously issued permit bearing this number is no longer effective. Therefore, the exclusive
authority to operate and discharge from this facility arises under the permit conditions, requirements, terms, and
provisions described herein.
The Tennessee Valley Authority is hereby authorized to:
1. Continue to discharge water from a station sump which receives flow from wheel pit
.leakage and power house floor drains (Outfall 001), discharge unwatering sump water
(Outfall 002), discharge non-contact cooling water (Outfalls 003-005), and discharge
lower, intermediate, and upper gallery's leakage(Outfall 006), located at Fontana Hydro
Plant, on NC Highway 28, northeast of Fontana Village at Fontana Dam, Graham County
and
2. Discharge from said facility at the location specified on the attached map into the Little
Tennessee River,which is classified C-Trout waters in the Little Tennessee River Basin.

Permit NCO027341
4F b
NRI
I Y'
E<
Wf
NCO027341-TVA: Fontana Hydro Plant Facility w
Latitude: 39727'OV Sub-Rasim. 0"4-02
Loifw.wir €348'27n Cou Graham Location
Ouad0t F3HF4Fontana Dam,tiC HUC: 0601020404 e.
Stream Class. 6Trout
ReaeivineStreamt Litt ie Tenn esseeRiwr
FermittedFtaet: Hatlimited IL fYQr`h TennesseaiHydraDamrity
Fontana.HydroDam

Permit NCO 02734
A. (L) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS
During the period beginning on the effective date of the permit and lasting until expiration, the Permittee is authorized to
discharge waters from the station sump (receiving flow from Units 1-3 floor drains and wheel pit leakage) from
Outfall 001. .Such discharges shall be limited and monitored by the Permittee as specified below:
EFFLUENTMONITORING RE:QUIREMEN,TS
CHARACTERISTICS' '
Monthly Weekly Daily -Measurement' Sample Sample
Average Average Maximum _ „_Frequency Type„ Locatiosl;
Flow Quarterly Estimate E
Oil and Grease 2 15 mg/L 20 mg/L Quarterly E
pHs E
Notes:
1 Sample locations:E—Effluent.
2 In lieu of an oil and grease analysis,' the tailrace shall be visually inspected for oil sheens at least once a quarter at this
hydroelectric facility. Confirmation that a visual inspection was conducted should be clearly noted on the Discharge Monitoring
Report(DMR)form
3 The pH shall not be less than 6.0 standard units nor greater than 9.0 standard units unless ambient river conditions prevent
compliance with this range.
Best management practices must be employed to ensure that excessive pollutants are not discharged to the surface
waters of the State. These practices should include,as a minimum, changing oil absorbent pads quarterly and cleaning
accumulated sediment in the bottom of the sump routinely.
Chemical wheel pit cleaning is permitted on a monthly basis. When cleaning of the wheel pit occurs,the tailrace shall be
inspected visually for foam and oil. Cleaning shall be conducted only with pre-approved solvents. Should the Permittee
wish to change cleaning solvents, a written request should be made to the Division including the MSDS for the proposed
solvent.
This permit does not limit mechanical cleaning operations which do not contribute any wastewater to the discharge. Non-
discharging cleaning operations may be conducted as often as necessary to ensure safety and proper facility operation.
The Permittee shall obtain authorization from the Division prior to the use of any chemical additive in the discharge.
The Permittee shall notify the Director in writing at least ninety(90) days prior to instituting use of any additional
additive in the discharge that may be toxic to aquatic life(other than additives previously approved by the Division).
Such notification shall include completion of Biocide Worksheet Form 101 (if applicable), a copy of the MSDS for
the additive,and a map indicating the discharge point and receiving stream.
Monitoring results obtained during the previous calendar quarter shall be recorded and reported on a Discharge
Monitoring Report(DMR)form and postmarked no later than the 30`h day following the completed reporting period. The
first DMR is due on the 30`h day of the month following the calendar quarter in which the permit was issued. The Permittee
shall confirm in writing that BMPs have been employed as specified in this permit with each DMR submitted.
There shall be no discharge of floating solids or visible foam(other than trace amounts)in the effluent.

Permit NCO027341
A. (2.) EF1LUENT LIMITATIONS AND MONITORING REQUIREMENTS
During the period beginning on the effective date of the permit and lasting until expiration, the Permittee is authorized to
discharge unwatering sump waters (and, in an emergency, station sump waters)from Outfall 002. Such discharges shall
be limited and monitored by the Permittee as specified below:
EFFLUENT LIMITS. MONITORING REQUIREMENTS
CHARACTERISTICS
Monthly Weekly Daily Measurement Sample ' Sample .
Avery e_ _ - Avery"e Maximum, Fre uenc -,. e . tocatlon _..
Flow Quarterly Estimate E
Oil and Grease 2 15 mg/L 20 mg/L 2 E
H3 E
Notes:
1 Sample locations:E—Effluent.
2 In lieu of an oil and grease analysis, the tailrace shall be visually inspected for oil sheens at least once a quarter at this
hydroelectric facility. Confirmation that a visual inspection was conducted should be clearly noted on the Discharge Monitoring
Report(DMR)form
3 The pH shall not be less than 6.0 standard units nor greater than 9.0 standard units unless ambient river conditions prevent
compliance with this range.
Best management practices must be employed to ensure that excessive pollutants are not discharged to the surface
waters of the State. These practices should include,as a minimum, changing oil absorbent pads quarterly and cleaning
accumulated sediment in the bottom of the sump routinely.
Chemical wheel pit cleaning is permitted on a monthly basis. When cleaning of the wheel pit occurs,the tailrace shall be
inspected visually for foam and oil. Cleaning.shall be conducted only with pre-approved solvents. Should the Permittee
wish to change cleaning solvents, a written request should be made to the Division including the MSDS for the proposed
solvent.
This permit does not limit mechanical cleaning operations which do not contribute any wastewater to the discharge. Non-
discharging cleaning operations may be conducted as often as necessary to ensure safety and proper facility operation.
The Permittee shall obtain authorization from the Division prior to the use of any chemical additive in the discharge.
The Permittee shall notify the Director in writing at least ninety (90) days prior to instituting use of any additional
additive in the discharge that may be toxic to aquatic life(other than additives previously approved by the Division).
Such notification shall include completion of Biocide Worksheet Form 101 (if applicable), a copy of the MSDS for
the additive,and a map indicating the discharge point and receiving stream.
Monitoring results obtained during the previous calendar quarter shall be recorded and reported on a Discharge
Monitoring Report(DMR)form and postmarked no later than the 30'h day following the completed reporting period. The
first DMR is due on the 30'h day of the month following the calendar quarter in which the permit was issued. The Permittee
shall confirm in writing that BMPs have been employed as specified in this permit with each DMR submitted.
There shall be no discharge of floating solids or visible foam(other than trace amounts)in the effluent.

Permit NC00273 ,
A. (3.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS
During the period beginning on the effective date of the permit and lasting until expiration,the Permittee is authorized to
discharge once-through cooling waters from Outfalls 003, 004, and 005. Such discharges shall be limited and monitored
by the Permittee as specified below:
EFFLUENT LIMITS'' - MONITORING REQUIREMENTS
CHARACTERISTICS
Monthly Weekly Daily Measurement; Sample Sample
Average-I , Avera a ._ 1VIaximum; Fre uenc _ T "e_ ; Location 1,
Flow Sena-annually Estimate E
Temperature 2 Note 2 E
pH 3 E
Notes:
1. Sample locations:E—Effluent.
2. The'temperature of the effluent will be regulated so that the temperature of the receiving stream does not increase more than
0.50C above the natural water temperature. Receiving water temperature shall not exceed a maximum of 200C due to the
facility's operation.
3. The pH shall not be less than 6.0 standard units nor greater than 9.0 standard units unless ambient river conditions prevent
compliance with this range
The Permittee shall obtain authorization from the Division prior to the use of any chemical additive in the discharge.
The Permittee shall notify the Director in writing at least ninety(90) days prior to instituting use of any additional
additive in the discharge that may be toxic to aquatic life(other than additives previously approved by the Division).
Such notification shall include completion of Biocide Worksheet Form 101 (if applicable), a copy of the MSDS for
the additive,and a map indicating the discharge point and receiving stream.
Monitoring results obtained during the previous calendar quarter shall be recorded and reported on a Discharge
Monitoring Report(DAM)form and postmarked no later than the 30`h day following the completed reporting period. The
first DAM is due on the 30'h day of the month following the calendar quarter in which the permit was issued.
There shall be no discharge of floating solids or visible foam(other than trace amounts)in the effluent.

Permit NCO027341
A. (4.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS
During the period beginning on the effective date of the permit and lasting until expiration, the Permittee is authorized to
discharge waters from the lower, intermediate and upper galleries from Outfall 006. Such discharges shall be limited
and monitored by the Permittee as specified below:
EFFLUENT LIMITS' ; .MONITORING REQUIREMENTS;
Monthly; Weekly Daily Measurement Sample 4 Sample
Ayera e' Avera a Maximum. ' Fr_e uene a Location 1
Flow Quarterly Estimate E
Oil and Grease 2 Quarterly E
pHs E
Notes:
1. Sample locations:E—Effluent.
2. In lieu of an oil and grease analysis, the tailrace shall be visually inspected for oil sheens at least once a quarter at this
hydroelectric facility. Confirmation that a visual inspection was conducted should be clearly noted on the Discharge Monitoring
Report(DMR)form..
3. The pH shall not be less than 6.0 standard units nor greater than 9.0 standard units unless ambient river conditions prevent
compliance with this range.
Best management practices:must be employed to ensure that excessive pollutants are not discharged to the surface
waters of the State. These practices should include,as a minimum,changing oil absorbent pads quarterly and cleaning
accumulated sediment in the bottom of the sump routinely.
Chemical wheel pit cleaning is permitted on a monthly basis. When cleaning of the wheel pit occurs,the tailrace shall be
inspected visually for foam and oil. Cleaning shall be conducted only with pre-approved solvents. Should the Permittee
wish,to change cleaning solvents, a written request should be made to the Division including the MSDS for the proposed
solvent.
This permit does not limit mechanical cleaning operations,which do not contribute any wastewater to the discharge. Non-
discharging cleaning operations may be conducted as often as necessary to ensure safety and proper facility operation.
The Permittee shall obtain authorization from the Division prior to the use of any chemical additive in the discharge.
The Permittee shall notify the Director in writing at least ninety(90) days prior to instituting use of any additional
additive in the discharge that may be toxic to aquatic life(other than additives previously approved by the Division).
Such notification shall include completion of Biocide Worksheet Form 101 (if applicable), a copy of the MSDS for
the additive,and a map indicating the discharge point and receiving stream.
Monitoring results obtained during the previous calendar quarter shall be recorded and reported on a Discharge
Monitoring Report(DMR)form and postmarked no later than the 30`h day following the completed reporting period. The
first DMR is due on the 30`h day of the month following the calendar quarter in which the permit was issued. The Permittee
shall confirm in writing that BMPs have been employed as specified in this permit with each DAM submitted.
There shall be no discharge of floating solids or visible foam(other than trace amounts)in the effluent.

NPDES Permit Standard Conditions
Page 1 of 18
PART II
STANDARD CONDITIONS FOR NPDES PERMITS
Section A. Definitions
2/Month
Samples are collected twice per month with at least ten calendar days between sampling events. These samples shall be
representative of the wastewater discharged during the sample period.
3/Week
Samples are collected three times per week on three separate calendar days. These samples shall be representative of
the wastewater discharged during the sample period.
Act or"the Act"
The Federal Water Pollution Control Act,also known as the Clean Water Act(CWA),as amended,33 USC 1251,et.
seq.
Annual Average
The arithmetic mean of all"daily discharges"of a pollutant measured during the calendar year.In the case of fecal
coliform,the geometric mean of such discharges.
Arithmetic Mean
The summation of the individual values divided by the number of individual values.
Bypass
The known diversion of waste streams from any portion of a treatment facility including the collection system,which is
not a designed or established or operating mode for the facility.
Calendar Day
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.
Calendar Week
The period from Sunday through the following Saturday.
Calendar Quarter
One of the following distinct periods:January through March,April through June,July through September,and
October through December.
Composite Sample
A sample collected over a 24-hour period by continuous sampling or combining grab samples of at least 100 nil,in
such a manner as to result in a total sample representative of the wastewater discharge during the sample period.The
Director may designate the most appropriate method(specific number and size of aliquots necessary,the time interval
between grab samples,etc.)on a case-by-case basis. Samples may be collected manually or automatically.Composite
samples may be obtained by the following methods:
(1) Continuous: a single,continuous sample collected over a 24-hour period proportional to the rate of flow.
(2) Constant time/variable volume: a series of grab samples collected at equal time intervals over a 24 hour period
of discharge and combined proportional to the rate of flow measured at the time of individual sample
collection,or
(3) Variable time/constant volume:a series of grab samples of equal volume collected over a 24 hour period with
the time intervals between samples determined by a preset number of gallons passing the sampling point. Flow
measurement between sample intervals shall be determined by use of a flow recorder and totalizer,and the
preset gallon interval between sample collection fixed at no greater than 1/24 of the expected total daily flow at
the treatment system,or
Version 1110912011

NPDES Permit Standard
Page
(4) Constant time/constant volume: a series of grab samples of equal volume collected over a 24-hour period at a
constant time interval.Use of this method requires prior approval by the Director. This method may only be
used in situations where effluent flow rates vary less than 15 percent.The following restrictions also apply:
➢ Influent and effluent grab samples shall be of equal size and of no less than 100 milliliters
➢ Influent samples shall not be collected more than once per hour.
➢ Permittees with wastewater treatment systems whose detention time<24 hours shall collect effluent grab
samples at intervals of no greater than 20 minutes apart during any 24-hour period.
➢ Permittees with wastewater treatment systems whose detention time exceeds 24 hours shall collect effluent
grab samples at least every six hours;there must be a minimum of four samples during a 24-hour sampling
period.
Continuous flow measurement
Flow monitoring that occurs without interruption throughout the operating hours of the facility.Flow shall be
monitored continually except for the infrequent times when there may be no flow or for infrequent maintenance
activities on the flow device.
Daily Discharge
The discharge of a pollutant measured during a calendar day or any 24-hour period that reasonably represents the
calendar day for purposes of sampling. For pollutants measured in units of mass,the "daily discharge" is calculated as
the total mass of the pollutant discharged over the day. For pollutants expressed in other units of measurement,the
"daily discharge"is calculated as the average measurement of the pollutant over the day. (40 CFR 122.2; see also
"Composite Sample,"above.)
Daily Maximum
The highest"daily discharge"during the calendar month.
Daily Sampling
Parameters requiring daily sampling shall be sampled 5 out of every 7 days per week unless otherwise specified in the
permit. Sampling shall be conducted on weekdays except where holidays or other disruptions of normal operations
prevent weekday sampling. If sampling is required for all seven days of the week for any permit parameter(s),that
requirement will be so noted on the Effluent Limitations and Monitoring Page(s).
DWQ or"the Division"
The Division of Water Quality,Department of Environment and Natural Resources.
Effluent
Wastewater discharged following all treatment processes from a water pollution control facility or other point source
whether treated or untreated.
EMC
The North Carolina Environmental Management Commission
EPA
The United States Environmental Protection Agency
Facility Closure
Cessation of all activities that require coverage under this NPDES permit. Completion of facility closure will allow this
permit to be rescinded.
Geometric Mean
The Nth root of the product of the individual values where N=the number of individual values.For purposes of
calculating the geometric mean,values of"0"(or"< [detection level]")shall be considered= 1.
Grab Sample
Individual samples of at least 100 mL collected over a period of time not exceeding 15 minutes. Grab samples can be
collected manually. Grab samples must be representative of the discharge(or the receiving stream,for instream
samples).
Version 1110912011

NPDES Permit Standard Conditions
Page 3 of 18
Hazardous Substance
Any substance designated under 40 CFR Part 116 pursuant to Section 311 of the CWA.
I
flow measurement
The flow measured during the minimum time required for the flow measuring device or method to produce a result in
that instance. To the extent practical,instantaneous flow measurements coincide with the collection of any grab
samples required for the same sampling period so that together the samples and flow are representative of the discharge
during that sampling period.
Monthly Average(concentration limit)
The arithmetic mean of all"daily discharges"of a pollutant measured during the calendar month.In the case of fecal
coliform or other bacterial parameters or indicators,the geometric mean of such discharges.
Permit Issuing Authority
The Director of the Division of Water Quality.
Quarterly Average(concentration limit)
The arithmetic mean of all samples taken over a calendar quarter.
Severe prropertVdamage
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 excludes economic loss caused by delays in production.
Toxic Pollutant:
Any pollutant listed as toxic under Section 307(a)(1)of the CWA.
Ppset
An incident beyond the reasonable control of the Permittee causing unintentional and temporary noncompliance with
permit effluent limitations and/or monitoring requirements.An upset does not include noncompliance caused by
operational error,improperly designed treatment facilities, inadequate treatment facilities,lack of preventive
maintenance,or careless or improper operation.
Weekly Average(concentration limit)
The arithmetic mean of all"daily discharges" of a pollutant measured during the calendar week.In the case of fecal
coliform or other bacterial parameters or indicators,the geometric mean of such discharges.
Section B. General Conditions
r
1. Duty to Comply
The Permittee must comply with all conditions of this permit.Any permit noncompliance constitutes a violation of
the CWA and is grounds for enforcement action;for permit termination,revocation and reissuance,or
modification;or denial of a permit renewal application[40 CFR 122.41].
a. The Permittee shall comply with effluent standards or prohibitions established under section 307(a)of the
CWA for toxic pollutants and with standards for sewage sludge use or disposal established under section
405(d)of the CWA within the time provided in the regulations that establish these standards or prohibitions or
standards for sewage sludge use or disposal,even if the permit has not yet been modified to incorporate the
requirement.
b. The CWA provides that any person who violates section[s] 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,or any
requirement imposed in a pretreatment program approved under sections 402(a)(3)or 402(b)(8)of the Act,is
subject to a civil penalty not to exceed$37,500 per day for each violation. [33 USC 1319(d)and 40 CFR
122.41(a)(2)]
c. The CWA provides,that any person who negligently violates sections 301,302,306,307,308,318,or 405 of
the Act,or any condition or limitation implementing any of such sections in a permit issued under section 402
of the Act,or any requirement imposed in a pretreatment program approved under section 402(a)(3)or
402(b)(8)of the Act,is subject to criminal penalties of$2,500 to$25,000 per day of violation,or
Version 1110912011

NPDES Permit Standard
Page
imprisonment of 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 of not more than 2 years,or both. [33 USC 1319(c)(1)and 40 CFR 122.41(a)(2)]
d. Any person who knowingly violates such sections,or such 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 both.In 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 imprisonment of not more than 6 years,or both.
[33 USC 1319(c)(2)and 40 CFR 122.41(a)(2)]
e. Any person who knowingly violates section 301,302,303,306,307,308,318 or 405 of the Act,or any permit
condition or limitation implementing any of such sections in a permit issued under section 402 of the Act,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(c)(3)(B)(iii)of the CWA, shall,upon conviction of violating
the imminent danger provision,be subject to a fine of not more than$1,000,000 and can be fined up to
$2,000,000 for second or subsequent convictions. [40 CFR 122.41(a)(2)]
f. Under state law,a civil penalty of not more than$25,000 per violation may be assessed against any person
who violates or fails to act in accordance with the terms,conditions,or requirements of a permit. [North
Carolina General Statutes § 143-215.6A]
g. Any person may be assessed an administrative penalty by the Administrator for violating section 301,302,
306,307,308,318 or 405 of this Act,or any permit condition or limitation implementing any of such sections
in a permit issued under section 402 of this Act.Administrative penalties for Class I violations are not to
exceed$16,000 per violation,with the maximum amount of any Class I penalty assessed not to exceed
$37,500.Penalties for Class II violations are not to exceed$16,000 per day for each day during which the
violation continues,with the maximum amount of any Class 11 penalty not to exceed$177,500. [33 USC
1319(g)(2)and 40 CFR 122.41(a)(3)]
2. Duty to Mitigate
The Permittee shall take all reasonable steps to minimize or prevent any discharge or sludge use or disposal in
violation of this permit with a reasonable likelihood of adversely affecting human health or the environment[40
CFR 122.41(d)].
3. Civil and Criminal Liability
Except as provided in permit conditions on'Bypassing"(Part H.C.4),"Upsets"(Part II.C.5)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 Permittee is 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 Permittee
from any responsibilities,liabilities,or penalties to which the Permittee is or may be subject to under NCGS 143-
215.75 et seq.or Section 311 of the Federal Act,33 USG 1321.Furthermore,the Permittee 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[40 CFR 122.41(g)].
6. Onshore or Offshore Construction
This permit does not authorize or approve the construction of any onshore or offshore physical structures or
facilities or the undertaking of any work in any navigable waters.
Version 1110912011

NPDES Permit Standard Conditions
Page 5 of 18
7rSeverab ility yThe provisions of this permit are severable. If any provision of this permit, or the application of any provision of
this 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[NCGS 15013-23].
8. Duty to Provide Information
The Permittee shall furnish to the Permit Issuing Authority,within a reasonable time, any information which the
Permit 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 Permittee shall also furnish to the Permit
Issuing Authority upon request,copies of records required by this permit[40 CFR 122.41(h)].
9. Duly to Reapply
If the Permittee wishes to continue an activity regulated by this permit after the expiration date of this permit,the
Permittee must apply for and obtain a new permit[40 CFR 122.41(b)].
10. Expiration of Permit
The Permittee is not authorized to discharge after the expiration date. In order to receive automatic authorization to
discharge beyond the expiration date,the Permittee shall submit such information,forms,and fees as are required
by the agency authorized to issue permits no later than 180 days prior to the expiration date unless permission for a
later date has been granted by the Director. (The Director shall not grant permission for applications to be
submitted later than the expiration date of the existing permit.) [40 CFR 122.21(d)]Any Permittee that has not
requested renewal at least 180 days prior to expiration,or any Permittee that does not have a permit after the
expiration and has not requested renewal at least 180 days prior to expiration,will subject the Permittee to
enforcement procedures as provided in NCGS 143-215.6 and 33 USC 1251 et. seq.
11. Signatory Requirements
All applications,reports,or information submitted to the Permit Issuing Authority shall be signed and certified[40
CFR 122.41(k)].
a. All permit applications shall be signed as follows:
(1) For a corporation: by a responsible corporate officer.For the purpose of this Section,a responsible
corporate officer means: (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,provided,the manager is authorized to make management decisions which govern the operation
of the regulated facility including having the explicit or implicit duty of making major capital investment
recommendations,and initiating and directing other comprehensive measures to assure long term
environmental compliance with environmental laws and regulations;the manager can ensure that the
necessary systems are established or actions taken to gather complete and accurate information for permit
application requirements;and where 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[40 CFR 122.22].
b. All reports required by the permit and other information requested by the Permit Issuing Authority shall be
signed by a person described in paragraph a.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 Permit Issuing Authority[40 CFR 122.221
Version 1110912011

NPDES Permit Standard
Page
c. Changes to authorization: If an authorization under paragraph(b)of this section is no longer accurate because
a different individual or position has responsibility for the overall operation of the facility, a new authorization
satisfying the requirements of paragraph(b)of this section must be submitted to the Director prior to or
together with any reports,information, or applications to be signed by an authorized representative [40 CFR
122.22]
d. Certification.Any person signing a document under paragraphs a. or b. of this section shall make the following
certification[40 CFR 122.22].NO OTHER STATEMENTS OF CERTIFICATION WILL BE ACCEPTED:
"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 assure that qual f ed personnel properly gather and
evaluate the information submitted.Based on my inquiry of the person orpersons 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 aware that there are significant penalties for
submitting false information, including the possibility of fines and imprisonment for knowing violations."
12. Permit Actions
This permit may be modified,revoked and reissued,or terminated for cause. The filing of a request by the
Permittee for a permit modification,revocation and reissuance,or termination,or a notification of planned changes
or anticipated noncompliance does not stay any permit condition[40 CFR 122.41(f)].
13. Permit Modification,Revocation and Reissuance,or Termination
The issuance of this permit does not prohibit the permit issuing authority from reopening and modifying the permit,
revoking and reissuing the permit,or terminating the permit as allowed by the laws,rules, and regulations
contained in Title 40,Code of Federal Regulations,Parts 122 and 123;Title 15A of the North Carolina
Administrative Code, Subchapter 02H .0100; and North Carolina General Statute 143.215.1 et. al.
14. Annual Administering and Compliance Monitoring Fee Requirements
The Permittee must pay the annual administering and compliance monitoring fee within thirty days after being
billed by the Division.Failure to pay the fee in a timely manner in accordance with 15A NCAC 02H .0105(b)(2)
may cause this Division to initiate action to revoke the permit.
Section C. Operation and Maintenance of Pollution Controls
1. Certified Operator
Owners of classified water pollution control systems must designate operators,certified by the Water Pollution
Control System Operators Certification Commission(WPCSOCC),of the appropriate type and grade for the
system, and,for each classification must[T15A NCAC 08G.0201]:
a. designate one Operator In Responsible Charge(ORC)who possesses a valid certificate of the type and grade at
least equivalent to the type and grade of the system;
b. designate one or more Back-up Operator(s)in Responsible Charge(Back-up ORCs)who possesses a valid
certificate of the type of the system and no more than one grade less than the grade of the system,with the
exception of no backup operator in responsible charge is required for systems whose minimum visitation
requirements are twice per year;and
c. submit a signed completed"Water Pollution Control System Operator Designation Form"to the Commission
(or to the local health department for owners of subsurface systems)countersigned by the designated certified
operators,designating the Operator in Responsible Charge(ORC)and the Back-up Operator in Responsible
Charge(Back-up ORC):
(1) 60 calendar days prior to wastewater or residuals being introduced into a new system;or
(2) within 120 calendar days following:
➢ receiving notification of a change in the classification of the system requiring the designation of a new
Operator in Responsible Charge(ORC)and Back-up Operator in Responsible Charge(Back-up ORC)
of the proper type and grade;or
➢ a vacancy in the position of Operator in Responsible Charge(ORC)or Back-up Operator in
Responsible Charge(Back-up ORC).
Version 1110912011

NPDES Permit Standard Conditions
Page 7 of 18
(3) within seven calendar days of vacancies in both ORC and Back-up ORC positions replacing or designating
at least one of the responsibilities.
The ORC of each Class I facility(or the Back-up ORC,when acting as surrogate for the ORC)must:
➢ Visit the facility as often as is necessary to insure proper operation of the treatment system;the treatment
facility must be visited at least weekly
➢ Comply with all other conditions of 15A NCAC 08G.0204.
The ORC of each Class H,III and IV facility(or the Back-up ORC,when acting as surrogate for the ORC)must:
➢ Visit the facility as often as is necessary to insure proper operation of the treatment system;the treatment
facility must be visited at least five days per week,excluding holidays
➢ Properly manage and document daily operation and maintenance of the facility
➢ Comply with all other conditions of 15A NCAC 08G.0204.
2. Proper 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 Permittee to install and operate backup or auxiliary facilities only
when necessary to achieve compliance with the conditions of the permit[40 CFR 122.41(e)].
NOTE: Properly and officially designated operators are fully responsible for all proper operation and maintenance
of the facility,and all documentation required thereof,whether acting as a contract operator[subcontractor] or a
member of the Permittee's staff.
3. Need to Halt or Reduce not a Defense
It shall not be a defense for a Permittee in an enforcement action that it would have been necessary to halt or
reduce the permitted activity in order to maintain compliance with the condition of this permit[40 CFR 122.41(c)].
4. Bypassing of Treatment Facilities
a. Bypass not exceeding limitations [40 CFR 122.41(m)(2)]
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. These bypasses are not subject to the
provisions of Paragraphs b.and c. of this section.
b. Notice [40 CFR 122.41(m)(3)]
(1) Anticipated bypass.If the Permittee knows in advance of the need for a bypass,it shall submit prior notice,
if possible at least ten days before the date of the bypass; including an evaluation of the anticipated quality
and effect of the bypass.
(2) Unanticipated bypass. The Permittee shall submit notice of an unanticipated bypass as required in Part
II.E.6. (24-hour notice).
c. Prohibition of Bypass
(1) Bypass from the treatment facility is prohibited and the Permit Issuing Authority may take enforcement
action against a Permittee 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
(C) The Permittee submitted notices as required under Paragraph b. of this section.
(2) Bypass from the collection system is prohibited and the Permit Issuing Authority may take enforcement
action against a Permittee for a bypass as provided in any current or future system-wide collection system
permit associated with the treatment facility.
Version 1110912011

NPDES Permit Standard C
Page
(3) The Permit Issuing Authority may approve an anticipated bypass,after considering its adverse effects,if
the Permit Issuing Authority determines that it will meet the three conditions listed above in Paragraphic.
(1)of this section.
5. Upsets
a. Effect of an upset[40 CFR 122.41(n)(2)]: An upset constitutes 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 during 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. Conditions necessary for a demonstration of upset:Any Permittee who wishes to establish the affirmative
defense of upset shall demonstrate,through properly signed,contemporaneous operating logs,or other relevant
evidence that:
(1)An upset occurred and that the Permittee can identify the cause(s)of the upset;
(2)The Permittee facility was at the time being properly operated; and
(3)The Permittee submitted notice of the upset as required in Part II.E.6.(b)of this permit.
(4)The Permittee complied with any remedial measures required under Part II.B.2. of this permit.
c. Burden of proof[40 CFR 122.41(n)(4)]: The Permittee seeking to establish the occurrence of an upset has
the burden of proof in any enforcement proceeding.
6. Removed Substances
Solids,sludges,filter backwash,or other pollutants removed in the course of treatment or control of wastewaters
shall be utilized/disposed of in accordance with NCGS 143-215.1 and in a manner such as to prevent any pollutant
from such materials from entering waters of the State or navigable waters of the United States except as permitted
by the Commission. The Permittee shall comply with all applicable state and Federal regulations governing the
disposal of sewage sludge,including 40 CFR 503, Standards for the Use and Disposal of Sewage Sludge;40 CFR
Part 258,Criteria For Municipal Solid Waste Landfills;and 15A NCAC Subchapter 2T,Waste Not Discharged To
Surface Waters.The Permittee shall notify the Permit Issuing Authority of any significant change in its sludge use
or disposal practices.
7. Power Failures
The Permittee is responsible for maintaining adequate safeguards(as required by 15A NCAC 02H.0124)to
prevent the discharge of untreated 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 Sampling
Samples collected and measurements taken,as required herein, shall be representative of the permitted discharge.
Samples collected at a frequency less than daily shall be taken on a day and time that is representative of the
discharge for the period 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 any other wastestream,body of
water,or substance.Monitoring points shall not be changed without notification to and the approval of the Permit
Issuing Authority[40 CFR 122.41(j)].
2. Reporting
Monitoring results obtained during the previous month(s)shall be summarized for each month and reported on a
monthly Discharge Monitoring Report(DMR)Form(MR 1, 1.1,2,3)or alternative forms approved by the
Director,postmarked no later than the last calendar day of the month following the completed reporting period.
The first DMR is due on the last day of the month following the issuance of the permit or in the case of a new
facility,on the last day of the month following the commencement of discharge.Duplicate signed copies of these,
and all other reports required herein,shall be submitted to the following address:
Version 1110912011

NPDES Permit Standard Conditions
Page 9 of 18
NC DENR/Division of Water Quality/Surface Water Protection Section
ATTENTION: Central Files
1617 Mail Service Center
Raleigh,North Carolina 27699-1617
3. 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 is 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. Flow measurement devices shall be accurately calibrated at a minimum of once per year and maintained
to ensure that the accuracy of the measurements is consistent with the accepted capability of that type of device.
The Director shall approve the flow measurement device and monitoring location prior to installation.
Once-through condenser cooling water flow monitored by pump logs,or pump hour meters as specified in Part I of
this permit and based on the manufacturer's pump curves shall not be subject to this requirement.
4. Test Procedures
Laboratories used for sample analysis must be certified by the Division. Permittees should contact the Division's
Laboratory Certification Section(919 733-3908 or http://portal.ncdenr.org/web/wq/lab/cert)for information
regarding laboratory certifications.
Facilities whose personnel are conducting testing of field-certified parameters only must hold the appropriate field
parameter laboratory certifications.
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 CWA(as amended),and 40 CFR 136;or in the case of sludge use or disposal,
approved under 40 CFR 136,unless otherwise specified in 40 CFR 503,unless other test procedures have been
specified in this permit[40 CFR 122.411.
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,then the most
sensitive(method with the lowest possible detection and reporting level)approved method must be used.
5. Penalties for Tampering
The CWA 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 two years per violation,or by both.If a
conviction of a person is for a violation committed after a first conviction of such person under this paragraph,
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[40 CFR 122.41].
6. Records Retention
Except for records of monitoring information required by this permit related to the Permittee's sewage sludge use
and disposal activities,which shall be retained for a period of at least five years(or longer as required by 40 CFR
503),the Permittee shall retain records of all monitoring information,including:
➢ all calibration and maintenance records
➢ all original strip chart recordings for continuous monitoring instrumentation
➢ copies of all reports required by this permit
➢ copies of all data used to complete the application for this permit
These records or copies shall be maintained for a period of at least 3 years from the date of the sample,
measurement,report or application.This period may be extended by request of the Director at any time[40 CFR
122.411.
Version 1110912011

NPDES Permit Standard
Page 1
7. Recording Results
For each measurement or sample taken pursuant to the requirements of this permit,the Permittee shall record the
following information[40 CFR 122.41]:
a. The date,exact place,and time of sampling or measurements;
b. The individual(s)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.
8. Inspection and Entry
The Permittee shall allow the Director,or an authorized representative(including an authorized contractor acting as
a representative of the Director),upon the presentation of credentials and other documents as may be required by
law,to;
a. Enter,at reasonable times,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,at reasonable times, any records that must be kept under the conditions of this permit;
c. Inspect at reasonable times any facilities,equipment(including monitoring and control equipment),practices,
or operations regulated or required under this pen-nit; and
d. Sample or monitor at reasonable times,for the purposes of assuring permit compliance or as otherwise
authorized by the CWA,any substances or parameters at any location [40 CFR 122.41(i)].
Section E Reporting Requirements
1. Change in Discharge
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 of that authorized shall constitute
a violation of the permit.
2. Planned Changes
The Permittee shall give notice to the Director as soon as possible of any planned physical alterations or additions
to the permitted facility[40 CFR 122.41(1)].Notice is required only when:
a. The alteration or addition to a permitted facility may meet one of the criteria for new sources at 40 CFR
122.29(b);or
b. The alteration or addition could significantly change the nature or increase the quantity of pollutants
discharged.This notification applies to pollutants subject neither to effluent limitations in the permit,nor to
notification requirements under 40 CFR 122.42(a)(1); or
c. The alteration or addition results in a significant change in the Permittee's sludge use or disposal practices,and
such alteration,addition or change may justify the application of permit conditions that are different from or
absent in the existing permit,including notification of additional use or disposal sites not reported during the
permit application process or not reported pursuant to an approved land application plan.
3. Anticipated Noncompliance
The Permittee shall give advance notice to the Director of any planned changes to the permitted facility or other
activities that might result in noncompliance with the pen-nit[40 CFR 122.41(1)(2)].
4. Transfers
This permit is not transferable to any person without prior written notice to and approval from the Director in
accordance with 40 CFR 122.61. The Director may condition approval in accordance with NCGS 143-215.1,in
particular NCGS 143-215.1(b)(4)b.2.,and may require modification or revocation and reissuance of the permit,or
a minor modification,to identify the new permittee and incorporate such other requirements as may be necessary
under the CWA [40 CFR 122.41(l)(3), 122.61]or state statute.
Version 1110912011

NPDES Permit Standard Conditions
Page 11 of 18
5. Monitoring Reports
Monitoring results shall be reported at the intervals specified elsewhere in this permit[40 CFR 122.41(1)(4)].
a. Monitoring results must be reported on a Discharge Monitoring Report(DMR)(See Part II.D.2)or forms
provided by the Director for reporting results of monitoring of sludge use or disposal practices.
b. If the Permittee monitors any pollutant more frequently than required by this permit using test procedures
approved under 40 CFR Part 136 and at a sampling location specified in this permit or other appropriate
instrument governing the discharge,the results of such monitoring shall be included in the'calculation and
reporting of the data submitted on the DMR.
6. Twenty-four Hour Reporting
a. The Permittee shall report to the Director or the appropriate Regional Office any noncompliance that
potentially threatens public health or the environment.Any information shall be provided orally within 24
hours from the time the Permittee became aware of the circumstances.A written submission shall also be
provided within 5 days of the time the Permittee becomes aware of the circumstances.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 corrected,the anticipated time it is expected to
continue;and steps taken or planned to reduce,eliminate,and prevent reoccurrence of the noncompliance [40
CFR 122.41(1)(6)].
b. The Director may waive the written report on a case-by-case basis for reports under this section if the oral
report has been received within 24 hours.
c. Occurrences outside normal business hours may also be reported to the Division's Emergency Response
personnel at(800)662-7956,[phone] or(919)733-3300.
7. Other Noncompliance
The Permittee shall report all instances of noncompliance not reported under Part II.E.5 and 6. of this permit at the
time monitoring reports are submitted. The reports shall contain the information listed in Part H.E.6.of this permit
[40 CFR 122.41(1)(7)].
8. Other Information
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 such facts or
information[40 CFR 122.41(1)(8)].
9. Noncompliance Notification
The Permittee shall report by telephone to either the central office or the appropriate regional office of the Division
as soon as possible,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 dumping 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 without treatment 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 within 5 days following first
knowledge of the occurrence.Also see reporting requirements for municipalities in Part IV.C.2.c.of this permit.
10. Availability 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 available for public inspection at the offices
of the Division.As required by the Act,effluent data shall not be considered confidential.Knowingly making any
false statement on any such report may result in the imposition of criminal penalties as provided for in NCGS 143-
215.1(b)(2)or in Section 309 of the Federal Act.
Version 1110912011

NPDES Permit Standard
Page 1
11. Penalties for Falsification of Reports
The CWA 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 conviction,be punished by a fine of not more than
$25,000 per violation,or by imprisonment for not more than two years per violation,or by both[40 CFR 122.41].
12. Annual Performance Reports
Permittees who own or operate facilities that collect or treat municipal or domestic waste shall provide an annual
report to the Permit Issuing Authority and to the users/customers served by the Permittee(NCGS 143-215.1C).The
report shall summarize the performance of the collection or treatment system,as well as the extent to which the
facility was compliant with applicable Federal or State laws,regulations and rules pertaining to water quality.The
report shall be provided no later than sixty days after the end of the calendar or fiscal year,depending upon which
annual period is used for evaluation.
The report shall be sent to:
NC DENR/Division of Water Quality/Surface Water Protection Section
ATTENTION: Central Files
1617 Mail Service Center
Raleigh,North Carolina 27699-1617
Version 1110912011

NPDES Permit Standard Conditions
Page 13 of 18
PART III
OTHER REQUIREMENTS
Section A. Construction
a. The Permittee shall not commence construction of wastewater treatment facilities,nor add to the plant's treatment
capacity,nor change the treatment process(es)utilized at the treatment plant unless(1)the Division has issued an
Authorization to Construct(AtC)permit or(2)the Permittee is exempted from such AtC permit requirements
under Item b. of this Section.
b. In accordance with NCGS 143-215.1(a5) [SL 2011-3941,no permit shall be required to enter into a contract for the
construction,installation,or alteration of any treatment work or disposal.system or to construct,install,or alter any
treatment works or disposal system within the State when the system's or work's principle function is to conduct,
treat,equalize,neutralize,stabilize,recycle,or dispose of industrial waste or sewage from an industrial facility and
the discharge of the industrial waste or sewage is authorized under a permit issued for the discharge of the
industrial waste or sewage into the waters of the State. Notwithstanding the above,the permit issued for the
discharge may be modified if required by federal regulation.
c. Issuance of an AtC will not occur until Final Plans and Specifications for the proposed construction have been
submitted by the Permittee and approved by the Division.
Section B. Groundwater Monitoring
The Permittee shall,upon written notice from the Director,conduct groundwater monitoring as may be required to
determine the compliance of this NPDES permitted facility with the current groundwater standards.
Section C. Changes in Discharges of Toxic Substances
The.Permittee shall notify the Permit Issuing Authority as soon as it knows or has reason to believe(40 CFR 122.42):
a. That any activity has occurred or will occur which would result in the discharge,on a routine or frequent basis,of
any toxic pollutant which is not limited in the permit,if that discharge will exceed the highest of the following
"notification levels";
(1) One hundred micrograms per liter(100 µg/L);
(2) Two hundred micrograms per liter(200 µg/L)for acrolein and acrylonitrile;five hundred micrograms per liter
(500 µg/L)for 2,4-dinitrophenol and for 2-methyl-4,6-dinitrophenol;and one milligram per liter(1 mg/L)for
antimony;
(3) Five times the maximum concentration value reported for that pollutant in the permit application.
b. That any activity has occurred or will occur which would result in any discharge,on a non-routine or infrequent
basis,of a toxic pollutant which is not limited in the permit,if that discharge will exceed the highest of the
following"notification levels';
(1) Five hundred micrograms per liter(500 µg/L);
(2) One milligram per liter(1 mg/L)for antimony;
(3) Ten times the maximum concentration value reported for that pollutant in the permit application.
Section D. Facility Closure Requirements
The Permittee must notify the Division at least 90 days prior to the closure of any wastewater treatment system covered
by this permit. The Division may require specific measures during deactivation of the system to prevent adverse
impacts to waters of the State. This permit cannot be rescinded while any activities requiring this permit continue at the
permitted facility.
Version 1110912011

NPDES Permit Standard C
Page 1
PART IV
SPECIAL CONDITIONS FOR MUNICIPAL FACILITIES
Section A. Definitions
In addition to the definitions in Part H of this permit,the following definitions apply to municipal facilities:
Indirect Discharge or Industrial User
Any non-domestic source that discharges wastewater containing pollutants into a POTW regulated under section
307(b),(c)or(d)of the CWA. [40 CFR 403.3 (i)and 0)and 15A NCAC 02H.0903(b)(11)]
Interference
Inhibition or disruption of the POTW treatment processes;operations;or its sludge process,use,or disposal which
causes or contributes to a violation of any requirement of the Permittee's(or any satellite POTW's if different from the
Permittee)NPDES,collection system,or non-discharge permit or prevents sewage sludge use or disposal in
compliance with specified applicable State and Federal statutes,regulations,or permits. [15A NCAC 02H
.0903(b)(14)]
Pass Through
A discharge which exits the POTW into waters of the State in quantities or concentrations which,alone or with
discharges from other sources,causes a violation,including an increase in the magnitude or duration of a violation,of
the Permittee's(or any satellite POTW's,if different from the Permittee)NPDES,collection system,or non-discharge
permit. [15A NCAC 02H.0903(b)(23)]
Publicly Owned Treatment Works(POTW)
A treatment works as defined by Section 212 of the CWA,which is owned by a State or local government organization.
This definition includes any devices and systems used in the storage,treatment,recycling and reclamation of municipal
sewage or industrial wastes of a liquid nature.It also includes the collection system,as defined in 15A NCAC 2T
.0402,only if it conveys wastewater to a POTW treatment plant.The term also means the local government
organization,or municipality,as defined in section 502(4)of the CWA,which has jurisdiction over indirect discharges
to and the discharges from such a treatment works.In this context,the organization may be the owner of the POTW
treatment plant or the owner of the collection system into which an indirect discharger discharges.This second type of
POTW may be referred to as a"satellite POTW organization." [15A NCAC 02H.0903(b)(26)]
"Significant Industrial User" or"SIU"
An Industrial User that discharges wastewater into a publicly owned treatment works and that[15A NCAC 02H
.0903(b)(33)]:
1. Discharges an average of 25,000 gallons per day or more of process wastewater to the POTW(excluding sanitary,
noncontact cooling and boiler blowdown wastewaters);or
2. Contributes process wastewater which makes up five percent or more of the NPDES or non-discharge permitted
flow limit or organic capacity of the POTW treatment plant.In this context,organic capacity refers to BOD,TSS
and ammonia;or
3. Is subject to categorical standards under 40 CFR Part 403.6 and 40 CFR Parts 405-471;or
4. Is designated as such by the Permittee on the basis that the Industrial User has a reasonable potential for adversely
affecting the POTW's operation or for violating any pretreatment standard or requirement,or the POTW's effluent
limitations and conditions in its NPDES or non-discharge permit,or to limit the POTW's sludge disposal options;
5. Subject to approval under 15A NCAC 02H .0907(b),the Permittee may determine that an Industrial User meeting
the criteria in paragraphs 1 or 2 of this definition above has no reasonable potential for adversely affecting the
POTW's operation or for violating any pretreatment standard or requirement,the POTW's effluent limitations and
conditions in its NPDES or non-discharge permit,or to limit the POTW's sludge disposal options,and thus is not a
Significant Industrial User(SIU);or
6. Subject to approval under 15A NCAC 02H .0907(b),the Permittee may determine that an Industrial User meeting
the criteria in paragraph 3 of this definition above meets the requirements of 40 CFR Part 403.3(v)(2)and thus is a
non-significant categorical Industrial User.
Section B. Publicly Owned Treatment Works(POTWs)
Version 1110912011

NPDES Permit Standard Conditions
Page 15 of 18
All POTWs must provide adequate notice to the Director of the following[40 CFR 122.42(b)]:
1. Any new introduction of pollutants into the POTW from an indirect discharger,regardless of the means of
transport,which would be subject to section 301 or 306 of CWA if it were directly discharging those pollutants;
and
2. Any substantial change in the volume or character of pollutants being introduced by an indirect discharger as
influent to that POTW at the time of issuance of the permit.
3. For purposes of this paragraph,adequate notice shall include information on(1)the quality and quantity of effluent
introduced into the POTW,and(2)any anticipated impact that may result from the change of the quantity or
quality of effluent to be discharged from the POTW.
Section C. Municipal Control of Pollutants from Industrial Users.
1. Effluent limitations are listed in Part I of this permit. Other pollutants attributable to inputs from Industrial Users
discharging to the POTW may be present in the Permittee's discharge.At such time as sufficient information
becomes available to establish limitations for such pollutants,this permit may be revised to specify effluent
limitations for any or all of such other pollutants in accordance with best practicable technology or water quality
standards.
2. Prohibited Discharges
a. The Permittee shall develop and enforce their Pretreatment Program to implement the prohibition against the
introduction of pollutants or discharges into the waste treatment system or waste collection system which
cause or contribute to Pass Through or Interference as defined in 15A NCAC 02H.0900 and 40 CFR 403. [40
CFR 403.5(a)(1)]
b. The Permittee shall develop and enforce their Pretreatment Program to.implement the prohibitions against the
introduction of the following wastes in the waste treatment or waste collection system[40 CFR 403.5(b)]:
(1) Pollutants which create a fire or explosion hazard in the POTW,including,but not limited to,
wastestreams with a closed cup flashpoint of less than 140 degrees Fahrenheit or 60 degrees Centigrade
using the test methods specified in 40 CFR 261.21;
(2) Pollutants which cause corrosive structural damage to the POTW,but in no case discharges with pH lower
than 5.0,unless the works is specifically designed to accommodate such discharges;
(3) Solid or viscous pollutants in amounts which cause obstruction to the flow in the POTW resulting in
Interference;
(4) Any pollutant,including oxygen demanding pollutants(BOD,etc.)released in a Discharge at a flow rate
and/or pollutant concentration which will cause Interference with the POTW;
(5) Heat in amounts which will inhibit biological activity in the POTW resulting in Interference,but in no
case heat in such quantities that the temperature at the POTW Treatment Plant exceeds 40°C(104°F)
unless the Division,upon request of the POTW,approves alternate temperature limits;
(6) Petroleum oil,non-biodegradable cutting oil,or products of mineral oil origin in amounts that will cause
Interference or Pass Through;
(7) Pollutants which result in the presence of toxic gases,vapors,or fumes within the POTW in a quantity that
may cause acute worker health and safety problems;or
(8) Any trucked or hauled pollutants,except at discharge points designated by the POTW.
c. The Permittee shall investigate the source of all discharges into the POTW,including slug loads and other
unusual discharges,which have the potential to adversely impact the Permittee's Pretreatment Program and/or
the operation of the POTW.
The Permittee shall report such discharges into the POTW to the Director or the appropriate Regional Office.
Any information shall be provided orally within 24 hours from the time the Permittee.became aware of the
circumstances.A written submission shall also be provided within 5 days of the time the Permittee becomes
aware of the circumstances. The written submission shall contain a description of the discharge;the
investigation into possible sources;the period of the discharge,including exact dates and times;if the
discharge has not ceased,the anticipated time it is expected to continue; and steps taken-or planned to reduce,
eliminate,and prevent reoccurrence of the noncompliance,.
Version 1110912011

NPDES Permit Standard C
Page 1
3. With regard to the effluent requirements listed in Part I of this permit,it may be necessary for the Permittee to
supplement the requirements of the Federal Pretreatment Standards(40 CFR,Part 403)to ensure compliance by
the Permittee with all applicable effluent limitations. Such actions by the Permittee may be necessary regarding
some or all of the industries discharging to the municipal system.
4. The Permittee shall require any Industrial User(IU)discharging to the POTW to meet Federal Pretreatment
Standards developed under Section 307(b)of the Act as amended(which includes categorical standards and
specific local limits,best management practices and narrative requirements).Prior to accepting wastewater from
any Significant Industrial User(SILT),the Permittee shall either develop and submit to the Division a new
Pretreatment Program or,as necessary,a modification of an existing Pretreatment Program,for approval as
required under section D below as well as 15A NCAC 02H.0907(a)and(b). [40 CFR 122.440)(2)]
5. This permit shall be modified,or alternatively,revoked and reissued,to incorporate or modify an approved POTW
Pretreatment Program or to include a compliance schedule for the development of a POTW Pretreatment Program
as required under Section 402(b)(8)of the CWA and implementing regulations or by the requirements of the
approved State pretreatment program,as appropriate.
Section D. Pretreatment Programs
Under authority of sections 307(b)and(c)and 402(b)(8)of the CWA and implementing regulations 40 CFR 403,
North Carolina General Statute 143-215.3(14)and implementing regulations 15A NCAC 02H.0900,and in accordance
with the approved pretreatment program,all provisions and regulations contained and referenced in the pretreatment
program submittal are an enforceable part of this permit. [40 CFR 122.440)(2)]
The Permittee shall operate its approved pretreatment program in accordance with Section 402(b)(8)of the CWA,40
CFR 403, 15A NCAC 02H .0900,and the legal authorities,policies,procedures,and financial provisions contained in
its pretreatment program submission and Division approved modifications thereof. Such operation shall include but is
not limited to the implementation of the following conditions and requirements. Terms not defined in Part II or Part IV
of this permit are as defined in 15A NCAC 02H .0903 and 40 CFR 403.3.
1. Sewer Use Ordinance(SUO)
The Permittee shall maintain adequate legal authority to implement its approved pretreatment program. [I 5A
NCAC 02H.0903(b)(32), .0905 and.0906(b)(1);40 CFR 403.8(f)(1)and 403.9(b)(1)and(2)]
2. Industrial Waste Survey(IWS)
The Permittee shall implement an IWS consisting of the survey of users of the POTW collection system or
treatment plant,as required by 40 CFR 403.8(f)(2)(i-iii)and 15A NCAC 02H.0905 [also 40 CFR 122.440)(1)],
including identification of all Industrial Users that may have an impact on the POTW and the character and amount
of pollutants contributed to the POTW by these Industrial Users and identification of those Industrial Users
meeting the definition of SIU.Where the Permittee accepts wastewater from one or more satellite POTWs,the
IWS for the Permittee shall address all satellite POTW services areas,unless the pretreatment program in those
satellite service areas is administered by a separate Permittee with an approved Pretreatment Program.The
Permittee shall submit a summary of its IWS activities to the Division at least once every five years,and as
required by the Division.The IWS submission shall include a summary of any investigations conducted under
paragraph C.2.c. of this Part. [15A NCAC 02H.0903(b)(13), .0905 and.0906(b)(2);40 CFR 403.8(f)(2)and 403.91
3. Monitoring Plan
The Permittee shall implement a Division-approved Monitoring Plan for the collection of facility specific data to
be used in a wastewater treatment plant Headworks Analysis(HWA)for the development of specific pretreatment
local limits.Effluent data from the Plan shall be reported on the DMRs(as required by Parts II.D and II.E.5.). [15A
NCAC 02H.0903(b)(16), .0906(b)(3)and.0905]
4. Headworks Analysis(HWA)and Local Limits
The Permittee shall obtain Division approval of a HWA at least once every five years, and as required by,the
Division.Within 180 days of the effective date of this permit(or any subsequent permit modification)the
Permittee shall submit to the Division a written technical evaluation of the need to revise local limits(i.e.,an
updated HWA or documentation of why one is not needed)[40 CFR 122.44].The Permittee shall develop,in
accordance with 40,CFR 403.5(c)and 15A NCAC 02H .0909,specific Local Limits to implement the prohibitions
listed in 40 CFR 403.5(a)and(b)and 15A NCAC 02H.0909.Pursuant to 40 CFR 403.5,local limits are
Version 1110912011

NPDES Permit Standard Conditions
Page 17 of 18
enforceable Pretreatment Standards as defined by 40 CFR 403.3(1). [15A NCAC 02H.0903(b)(10), .0905,and
.0906(b)(4)]
5. Industrial User Pretreatment Permits(IUP)&Allocation Tables
In accordance with NCGS 143-215.1,the Permittee shall issue to all Significant Industrial Users,permits for
operation of pretreatment equipment and discharge to the Permittee's collection system or treatment works. These
permits shall contain limitations,sampling protocols,reporting requirements,appropriate standard and special
conditions, and compliance schedules as necessary for the installation of treatment and control technologies to
assure that their wastewater discharge will meet all applicable pretreatment standards and requirements. The
Permittee shall maintain a current Allocation Table(AT)which summarizes the results of the HWA and the limits
from all IUPs.Permitted IUP loadings for each parameter cannot exceed the treatment capacity of the POTW as
determined by the HWA. [15A NCAC 02H .0906(b)(6), .0909, .0916,and.0917;40 CFR 403.5,403.8(f)(1)(iii);
NCGS 143-215.67(a)]
6. Authorization to Construct(AtQ
The Permittee shall ensure that an Authorization to Construct permit(AtQ is issued to all applicable Industrial
Users for the construction or modification of any pretreatment facility.Prior to the issuance of an AtC, the
proposed pretreatment facility and treatment process must be evaluated for its capacity to comply with all
Industrial User Pretreatment Permit(IUP)limitations. [I5A NCAC 02H.0906(b)(7)and.0905;NCGS 143-
215.1(a)(8)]
7. POTW Inspection&Monitoring of their IUs
The Permittee shall conduct inspection,surveillance,and monitoring activities as described in its Division
approved pretreatment program in order to determine,independent of information supplied by Industrial Users,
compliance with applicable pretreatment standards. [15A NCAC 02H .0908(e);40 CFR 403.8(f)(2)(v)] The
Permittee must:
a. Inspect all Significant Industrial Users(SIUs)at least once per calendar year;
b. Sample all Significant Industrial Users(SIUs)at least once per calendar year for all SIU permit-limited
parameters including flow except as allowed under 15A NCAC.0908(e);and
c. At least once per year,document an evaluation of any non-significant categorical Industrial User for
compliance with the requirements in 40 CFR 403.3(v)(2),and either continue or revoke the designation as non-
significant.
8. IU Self Monitoringand nd Reporting
The Permittee shall require all Industrial Users to comply with the applicable monitoring and reporting
requirements outlined in the Division-approved pretreatment program,the industry's pretreatment permit;or in 15A
NCAC 02H.0908. [15A NCAC 02H.0906(b)(5)and.0905;40 CFR 403.8(f)(1)(v)and(2)(iii);40 CFR
122.440)(2)and 40 CFR 403.12]
9. Enforcement Response Plan(ERP)
The Permittee shall enforce and obtain appropriate remedies for violations of all pretreatment standards
promulgated pursuant to section 307(b)and(c)of the CWA(40 CFR 405 et. seq.),prohibitive discharge standards
as set forth in 40 CFR 403.5 and 1.5A NCAC 02H.0909,specific local limitations,and other pretreatment
requirements.All remedies,enforcement actions and other, shall be consistent with the Enforcement Response
Plan(ERP)approved by the Division. [15A NCAC 02H.0903(b)(7), .0906(b)(8)and.0905;40 CFR 403.8(f)(5)]
10. Pretreatment Annual Reports(PAR)
The Permittee shall report to the Division in accordance with 15A NCAC 02H.0908. In lieu of submitting annual
reports,Modified Pretreatment Programs developed under 15A NCAC 02H .0904(b)may be required to submit a
partial annual report or to meet with Division personnel periodically to discuss enforcement of pretreatment
requirements and other pretreatment implementation issues.
For all other active pretreatment programs,the Permittee shall submit two copies of a Pretreatment Annual Report
(PAR)describing its pretreatment activities over the previous calendar year to the Division at the following
address:
Version 1110912011

NPDES Permit Standard Co
Page 18
NC DENR/Division of Water Quality/Surface Water Protection Section
Pretreatment,Emergency Response,and Collection Systems(PERCS)Unit
1617 Mail Service Center
Raleigh,North Carolina 27699-1617
These reports shall be submitted by March 1 of each year and shall contain the following:
a. Narrative
A narrative summary detailing actions taken,or proposed,by the Permittee to correct significant non-
compliance and to ensure compliance with pretreatment requirements;
b­. Pretreatment Program Summary(PPS)
A pretreatment program summary(PPS)on forms or in a format provided by the Division;
c. Significant Non-Compliance Report(SNCR)
A'list of Industrial'Users(IUs)in significant noncompliance(SNC)with pretreatment requirements,and the
nature of the violations on forms or in a format provided by the Division;
d. Industrial Data Summary Forms(IDSF)
Monitoring data from samples collected by both the POTW and the Significant Industrial Users(SATs).These
analytical results must be reported on Industrial Data Summary Forms(IDSF)or on other forms or in a format
provided by the Division;
e. Other Information
Copies of the POTW's allocation table,new or modified enforcement compliance schedules,public notice of
lUs in SNC;a summary of data or other information related to significant noncompliance determinations for
ATs that are not considered S1Us,and any other information,upon request,which in the opinion of the Director
is needed to determine compliance with the pretreatment implementation requirements of this permit;
11. Public Notice
The Permittee shall publish annually a list of Industrial Users(ATs)that were in significant noncompliance(SNC)
as defined in the Permittee's Division-approved Sewer Use Ordinance with applicable pretreatment requirements
and standards during the previous twelve month period.This list shall be published within four months of the
applicable twelve-month period.[15A NCAC 02H.0903(b)(34), .0908(b)(5)and.0905 and 40 CFR
403.8(f)(2)(viii)]
12. Record Keeping
The Permittee shall retain for a minimum of three years records of monitoring activities and results,along with
support information including general records,water quality records,and records of industrial impact on the
POTW and shall retain all other Pretreatment Program records as required by 15A NCAC 02H .0908(f). [15A
NCAC 02H.0908(f);40 CFR 403.12(o)]
13. Pretreatment Program Resources
The Permittee shall maintain adequate funding and qualified personnel to accomplish the objectives of its approved
pretreatment program. and retain a written description of those current levels of inspection. [I 5A NCAC 02H
.0906(b)(9)and(10)and.0905;40 CFR 403.8(f)(3),403.9(b)(3)]
14. Modification to Pretreatment Programs
Modifications to the approved pretreatment program including but not limited to local limits modifications,POTW
monitoring of their Significant Industrial Users(SIUs),and Monitoring Plan modifications, shall be considered a
permit modification and shall be governed by 40 CFR 403.18, 15 NCAC 02H.0114 and 15A NCAC 02H.0907.
Version 11/09/2011

i
5
r
F )PI
I
,I
r
i
hi
I
, a
ni
r
!�1 I
_._...._.._
.' I
^ i
!� I
I' I _
I �
t` I
9
i
1
, I
I
li
r
t
I
j�
�' i

Holston-Cherokee-Douglas Watershed Team
Susan B. Fuhr, Manager
E-mail: [e-mail]
Cherokee, Douglas, Nolichucky,and French Broad
3726 E. Morris Boulevard, MOC 1 A-MOT
Morristown, TN 37813-1270
423-585-2120
Boone, Bristol Project, Fort Patrick Henry,South Holston,Watauga,and Wilbur
106 Tri-Cities Business Park Drive,WTR 1 A-GRT
Gray, Tennessee 37615
423-467-3800
Chickamauga-Hiwassee Watershed Team
Angela B.Sims, Manager
E-mail:[e-mail]
Chickamauga and Nickajack
1101 Market St., PSC 1 E-C
Chattanooga;TN 37402-2801
423-876-6706
Apalachia,,Blue Ridge, Chatuge, Hiwassee, Nottely,and the Ocoees
221 Old Ranger Rd., MLO 1 A-MRN
Murphy, NC 28906
828-837-7395

oreline Construction Permits Page 1 of 2
4 Section 26a of the TVA Act
Shoreline Construction Permits
Note:All applications are
subject to site specific
What is Section 26a? guidelines. Applying does
The TVA Act is the legislation passed by Congress in not guarantee approval.
1933 that established the Tennessee Valle Authority. Contact your local watershed
y ty team for further information
Section 26a of that Act requires that TVA approval be and clarification.
obtained before any construction activities can be carried
out that affect navigation, flood control, or public lands
along the shoreline of the TVA reservoirs or in the Additional information
Tennessee River or its tributaries.
View current notices of
What is the purpose of Section 26a? requests for public or
Section 26a is designed to ensure that construction along private use of TVA lands at
Public Notices on Proposed
the shoreline and in waters of the Tennessee River system Land-Use and Section-26a
does not have a negative effect on the agency's Actions.
management of the river system or its ability to carry out
what the TVA Act describes as the"unified development State water-quality
and regulation of the Tennessee River." TVA reviews offices:
over 2,500 construction proposals annually to ensure that
shoreline construction activities are compatible with its Alabama Dept.of
P Environmental
mission of integrated river management, including flood Management
control, navigation, land use, recreation, power Georgia Environmental
Protection Div.
generation, and water quality. Permit approvals for Kentucky Division of water
construction under Section 26a are considered federal Mississippi Dept.of
actions and are therefore subject to the requirements of the Environmental Quality
National Environmental Policy Act and other federal laws. North Carolina Division of
Water Quality
What types of construction projects need approval? Tennessee Dept,of
Environment and
Typical structures and projects that require TVA approval Conservation
include boat docks, piers, boat ramps, bridges, culverts, Virginia Dept.of
commercial marinas,barge terminals and mooring cells, Environmental Quality
water intake and sewage outfalls, and fill or construction
within the floodplain. View more information at Minor
User's survey
Construction Projects and Major Construction Projects.
You can help us improve
Section 26a regulations apply to both the location of the usability of this site by
construction projects and the types of activities carried it out our quick users
survey.
out. Permits are not required for certain types of activities.
See Regulations.
Where do Section 26a regulations apply?
http://www.tva.gov/river/26apennits/ 10/21/2007

oreline Construction Permits Page 2 of 2
The regulations apply to the entire Tennessee River
watershed. The watershed is divided into 7 sections, each
overseen by a TVA Watershed Team that issues permits
for shoreline construction activities in its area. View a
map_of the watershed showing the 7 divisions.
Construction permits are needed for both on-reservoir and
off-reservoir activities:
• On-reservoir activities: those that occur in, across,
or along TVA reservoirs and regulated rivers and
streams in the Tennessee Valley. Regulated rivers
and streams are located downstream of TVA dams
and are directly impacted by the operation of the
dams.
• Off-reservoir activities: those that occur on all
other perennial rivers and streams in the Tennessee
Valley watershed. The construction standards
outlined on this site do not apply to off-reservoir
activities, which are considered on a case-by-case
basis.
What other permits are required?
Other permit approvals may be required. These include
U.S. Army Corps of Engineers Section 404 and Section
10 permits, and state water quality certification Section
401 permits (see links, top right).
How do I apply for a permit?
See How to Apply for detailed instructions.
Note: All applications are subject to site specific
guidelines. Applying does not guarantee approval.
Contact your local watershed team for further information
and clarification.
http://www.tva.gov/river/26aperrnits/ 10/21/2007

ow to Apply Page 1 of 4
gmv
Section 26a of the TVA Act "
H®ens t® Apply
Note:All applications are
subject to site specific
This page outlines the steps you need to take to apply for a guidelines. Applying does
construction permit for projects on TVA land, on the not guarantee approval.Contact your local watershed
shoreline of TVA reservoirs, or in the Tennessee river or team for further information
and clarification. Contact
its tributaries. your localfor further
information and
1. Check the construction standards clarification.
View information on construction standards applicable to
your project.
2. Determine the type of project you're undertaking.
You'll need to make a drawing of your project to be
submitted with the application form. View lists of sample
drawings at one of the following pages:
Minor Constriction Projects. These include boat docks,
piers, boathouses, fences, steps, shoreline-based shelters,
and others.
Major Construction.Projects. These include commercial
marinas, community docks,barge terminals and mooring
cells, utility crossings,bridges, culverts, roads, wastewater
discharges, water intakes and sewage outfalls, dredging,
placement of fill, and others.
You may copy any of these sample designs and add your
specific project dimensions, develop you own drawings,
or use professional engineered drawings for more
complex projects.
3. Fill out the application form
This is a two-page form. You may fill out either the
Microsoft Word electronic version or the PDF version.
• For the electronic version, type in the information
online, then print out the completed form, and sign and
date it.
Electronic form (.doc, 100 kb, requires Microsoft Word)
• For the PDF version, first print the form, then fill it out
in ink, and sign and date it.
http://www.tva.gov/river/26apermits/howto.htm 10/21/2007

Vo w to Apply Page 2 of 4
PDF fonn_(.pdf, 28 kb, requires Adobe Acrobat Reader)
The application should include a project description that
indicates what is to be built, removed, or modified, and
the sequence of the work.
4. Identify the geographic location of your project
Provide a map that clearly shows the location of the
proposed facility. An 8.5-by 11-inch copy of one of the
following is ideal: a TVA land map (D Stage land map
available from TVA), a subdivision map, or a portion of a
U.S. Geological Survey topographic map. Be sure to
include your subdivision name and lot number if
applicable. Also include the map number or name, if
available. Recent photos of the location are also helpful.
See a list of TVA reservoirs and a Tennessee Valley map
providing information on which Watershed Team serves
your reservoir or watershed area. Contact the appropriate
Watershed Team for more assistance or if you have
questions about the location of your project.
5. Include the correct fee
See the table of fees below.
6. Submit the applicant's package
The applicant's package includes the project description
and drawing, two-page application form, and fee.
Applications must be sent to the appropriate Watershed
Team office.
What happens after you submit your application?
Once your application is received, we will review it to
snake sure it is complete and that the correct fee is
included. You will be contacted if additional information
is needed. TVA staff will visit the project site as part of
the review process. On most minor projects that meet
construction guidelines, approval will be received within
45 days. On major projects where modifications are not
required, approvals will be received within 90 days. Some
projects that are complex or involve substantial
environmental or engineering issues may require the
preparation of an Environmental Assessment or an
Environmental Impact Statement. On these projects, TVA
will meet with applicants to determine schedule and costs
of project review.
...top of page
http://www.tva.gov/river/26apennits/howto.htm 10/21/2007

JPFow to Apply Page 3 of 4
Fees are as follows. Checks must be made payable to the
Tennessee Valley Authority.
For activities on,TVA reservoirs or regulated streams
Applications for transfer of ownership of existing $200 ,
permitted facility
Applications from property owners for docks,
boathouses, bank stabilization, or other related minor $200
shoreline alterations
Applications from local, state, or federal agencies for
permits to construct, change, or operate major public $500
facilities.
Applications from property owners, commercial
businesses, or industries for permits to construct or $1,000
operate marinas, barge terminals,or bridges, or for
other major shoreline alterations.
For activities off"TVA reservoirs
All applications for construction activities affecting TVA $100
Iands or waters.
The fee rates are effective January 5, 1998 -
On/off reservoir definitions
On-reservoir activities include 26a permit requests in,
across, or along TVA reservoirs and regulated rivers and
streams in the Tennessee Valley. Regulated'rivers and
streams are rivers and streams located,downstream of
TVA dams and which are directly impacted.by the,
operating of TVA dams. Off-reservoir activities include
26a permit requests on all other perennial rivers and
streams in the Tennessee Valley watershed.
Additional fee information
Fees are based on an analysis of TVA's costs for
processing applications. These costs include site
investigations,record searches, analysis for conformance
to TVA requirements, environmental review,permit
preparation, and related activities. Paying the fee does not -
guarantee approval of the permit. The fee,will not be
refunded if the application is not approved.
A single permit application may include more than one
request for alterations,modifications, or changes at the
same location for a single fee. If another application is
made for additional activities or to modify previous'
permits, a separate fee will be charged for each new
application.
http://www.tva.gov/river/26apermits/howto.htm, 10/21/2007

w to Apply Page 4 of 4
PT7VAill recover the cost of detailed analyses such as
pstudies, cultural surveys, environmental
assessments (EA), or environmental impact statements
(EIS), which may be required in special circumstances
(for example, when wetlands, cultural resources, or
endangered species might be impacted by the proposal). If
an EA or EIS is needed, TVA will provide a cost estimate
to prepare the necessary documents. Additional costs may
also be assessed for processing after-the-fact permits for
activities in violation of Section 26a alterations.
Note: All applications are subject to site specific
guidelines. Applying does not guarantee approval.
Contact your local watersh.e.d.team for further information
and clarification.
http://www.tva.gov/river/26apennits/howto.htm 10/21/2007

Corresponding Corp
Permit
FacilityCertified Conditions Limits
Agricultural Stream Crossing NW P 40 There are numerous regional conditions applicable to
A uaculture Structure-Fish NW P 48 all NW Ps. Additonally
Barge Terminal-Loadin Unloading there are various conditions depending on which
Barge Terminal-Mooring Cells Individual permit required NW P you are using which are required by the state.
B ara Terminal-Other This makes certification decisions very situation Beach NW P 18 specific.
Boat Lift/Jet Ski Lift No discharge
Boat Slips-Fixed&Floating
Boat Slips-Fixed-Covered No discharge
Boat Slips-Fixed-Open
Boat Slips-Floating-Covered No discharge
Boat Slips-Floating-Open No discharge
Boathouse-Fixed No discharge
Boathouse-Floating No discharge
Breakwater-Fixed No discharge
Breakwater-Floating No discharge
NW P 15 for US coast
Bridge-Pedestrian guard bridges, NW P14
NW P 15 for US coast
Bridge-Vehicular guard bridges,NW P 14
Bridge with Approach Fills NW P 14,25, 18
Building-Closed-Restaurant
Building-Closed-Restroom No discharge
Building-Closed-Storage
Buoy NW P 10
Buoy Line-Swimming Area NW P 10
Culvert-Other NW P 14
Culvert-Roadwav NW P 14
DamNVeir-Impounds Water Individual permit required
Dock/Pier-Covered-Fixed
Dock/Pier-Covered-Fixed&Floating
Dock/Pier-Covered-Floating No discharge
Dock/Pier-Fixed
Dock/Pier-Fixed&Floating
Dock/Pier-Floating No discharge
Dry Storage No discharge
Duck Blind-Fixed NW P 4
Duck Blind-Floating No discharge
Excavation NW P 19
Fill-Causeway/Roadway NW P 14
Fill-Other NW P 18
Fish Attractors NW P 4
Harbor Limits No discharge
Heat Exchanger: Closed No discharge
Heat Exchanger: Open No discharge
Heat Pump No discharge
Irrigation System No discharge
Jet Ski Ramp No discharge
Launching Ram -Concrete NW P 36
Launching Ram -Gravel NW P36
Levee/Dike Structure to keep water off area Individual permit required
Marine Service Station No discharge

PC; -
Corresponding Corp
Permit
FacilityCertified Conditions Limits
Mini Hydro Electric Plant NW P 17
Monitoring Station NW P 5
Mooring Cells/Dolphins/Deadmen Anchors-
FleetingArea NW P 9 or 25
Mooring Cells/Dolphins/Deadmen Anchors-
NW P 10 or 25
Other
Mooring Post NW P 10
Mussel Cultural Raft NW P 48
Nest Platforms NW P 4
Non-navigable Houseboat No discharge
Outfall-Other NW P 7
Pipeline NW P 12
Pond Structure NW P 40(if for farms)
Recessed Boathouse NW P 19
Rowing Course NW P 11
Sea Plane Lift No discharge
Sewage Pumping Station NW P 12
Ski Jump/Slalom Course NW P 11
Stabilization-Bioengineering NW P 13
Stabilization-Gabion Basket NW P 13
Stabilization-Retaining Wall NW P 13
Stabilization-Riprap NW P 13
Steam Gauge NW P 5
Storage Tank-Fuel Above Ground
Storage Tank-Non potable Water
Storage Tank-Potable Water
Storm Water Drain NW P 43
Stream Enhancement Device NW P 27
NW P 15 for US coast
Structural Support Beams guard brid es NW P 14
Submarine Pipeline Crossing NW P 12
Tower No discharge
Trash Boom No discharge
Upper Deck-Open No discharge
Upper Deck-Roofed No discharge
Upper Deck-Roofed/Screened No discharge
Utilities-Aerial-Petroleum NW P 12
Utilities-Aerial-Sewer NW P 12
Utilities-Fiber Optics NW P 12
Utilities-Underground-Cable TV NW P 12
Utilities-Underground-Electric NW P 12
Utilities-Underground-Other(i.e.,chemical, NW P 12
etc.
Utilities-Underground-Petroleum NWP 12
Utilities-Underground-Sewer NW P 12
Utilities-Underground-Telephone NW P 12
Utilities-Underground-Water NW P 12
Waste Water Treatment Plant NW P 7
Water Intake-Fixed NW P 7
Water Intake-Floating NW P 7
Water Intake-Non potable NW P 7
Water Intake-Potable NW P 7

ID Law Office Customer Cmnitany LRessrvair]Worker" WR0'-RCYd' f , 548ri, l
D
AUn+rty Dt: BIe
Fontana Lake
173780 26a Little Estates Property Fontana Akers Steven 06-15-201 ',. 2006 4
Tennessee Owner's Assoc. j
Fontana Lake y 5 l
Little :Fadana Akers Steven ' 06.15 20� �� f
173780 26a Estates Property
Tennessee Owner's Assoc,. i.
Little Cuthbertson i08-22-2006
17 5138 26a Tennessee Nardahala River Club Fontana s Darrell 2006 ;
175138 26a Little Nantahala River Club,Forderla CuthbertSon ! 08 22-200 206 ! 005
Tennessee Dam.. E g.
Little Zamonis,Anthony 08-22- d I
175694 26a Tennessee and Donna ;Fontana Akers-Steven 09-22-2006 2006
Little Newland
1
,Evelyn Fontana
175979 26a Brown ' ' ' 10-06-2006 12o 6_ 7
Tennessee Stephen
Littl176133 26a Ten Stephen Robinson,Russell Fontana Newland 10-16-2006 10-16- `!
Tennessee 2006 6
176369 26a Little Sherrill,Tony A�rka Eroet Dock Fontana Akers Steven ; 11-01-2006 11-07-. r
Tennessee 2006
176743 26a Little Reeves,Steven Fontana Akers Steven 11-27-2006 , 11-28
Tennessee 2006
Little 01-05-
177345 26a Town of Bryson City`Fordana Akers Steven 01 03 2t107 1 2007
Tennessee
�, Little Fontana Akers Steven' 01-11-2007 01-16- .F
1,74,5 6a Tennessee Holcombe,Danny 2007
1-1
177478 26a Little Holcombe,Danny `Fordana j Akers.Steven. t .01-1.1-2007- 0200
Little Koerber,Richard
Tennessee
177 820 26a , Fontana Akers Steven 01-25-2007 02-14-
Tennessee and Audrey g 2007Little it
17R323 26a Tennessee George,Debra Fordana �ef�reb�(son . 02-20-2007 220067 I
179387 26a Little Lofquist,Victor W. Fordana Akers Steven 04-23-2007 1 05-07- 1 I
Tennessee and Elizabeth T. 2007 i
179680 26a Little Newsom,Adam and, CuthbeftonFontana t 0511`4607
Tennessee Kristine i, • Darrell
Little Cuthbertson 2007
i ,•nr 07-16- ,
1fi0407 26a Tennessee McDonald,Jay Fontana Darrell 1 07-09-2007 2007
Little Baker,Ted and Cuthl>ehson 08.03
180280 26a Fondane OS 29-2007 9
Tennessee Evelyn i l)arreA r..,. .,; ,. ,. 1 '..`2007 ,
Little Strickland, { ( 09-10-
Cuthbertson
181560 26a Stephanie and ;Fontana 09-07-2007 ll
Tennessee Stephen Darrell I 2007
Little May,WIli m and
181288 26a Fordana Akera Steven' r �.23-200 08 14
Tennessee Jane A
181770 26a Little Carter,Margaret Fontana Akers Steven ; 09-18-2007
Tennessee
182053 26a Little Hobby,Raymond Fordena Akers Steven' 10-05-2007 E r
Tennessee
Showing 451 to 497 of 497(Includes duplicstee)
Prcvioue Page 191
Search finrland¢)!4+ 'a ME,
ID Reservoir Land Activity.
---e Select One ±�" Select One
Customer Last Name Customer First Name Company Name
Environmental Review Worker Name Office .
Select One Select One { Select One
File Reference Stream Name River NAB Tract Number
Application Received Date Start Date Close.Dde
——..._.._.._r 7-1
Search F Re.ec.

Steven L Akers
01/18/2007
P.SOE-Resource Stewardship
Oil
mg Org RLP177345
PAL
king ID
I D(s) 177345
Project Steven L Akers
InitiatorManager
Project Title 26a Category 2 RLR177346 Town of Bryson City Fontana
Reservoir
Description of Facility(s): Picnic Table Utilities-Underground-Electric
Proposed Action Parking Area Dock/Pier-Fixed Utilities-Underground-
Water Utilities-Aerial-Electric Electric Pole/Service/Light
Grill/Table Parking Area Road/Driveway Steps Storm
Water Drain Building-Closed-Restroom Building-Open
to the Elements(i.e. hanger,shed,shelter)
Landscaping/Minor Clearing Applicant(s):Town of Bryson
City Post Office Box 726 Bryson City NC 28713
TVA Facility Little Tennessee Watershed Team
Location Description County, State: Swain,NC Land Tract(s): FIR 1368 Map
Sheet(s):28 C/D Stage Streams(s):Tuckasegee R RM
11.6 L
Primary Media Steven L Akers complete 02/12/2007
Expert Reviewer(s) Ella C. Guinn(Tina) complete 01/222007
Wesley KJames complete01/192007
Roger A. Milstead complete 01242007
Secondary Media Anthony.E. Howard complete 02/O92007
Expert Reviewer(s) Clinton Jones complete 01232007
Review/Concurrence Darrell A. Cuthbertson signed 02/132007
Steven L Akers signed 02/122007
Additional Closer Preparer Only
Due Date 02/012007
Business Sensitive No
CEC Status Closed on 02/132007
uhts ra ie er who coordinates secondary media reviewers

V
Current Statue:Closed CEC Number:14913 CEC Closed:Yes
Fee Amount Received Formal 26A IdFife Reference
All Facifitiea Listed on Pope,
.. Permit Yes v..l
qm 2 v
Worker(lame Akers Steven,L J
aun.;ntal _ ._...
Pview Sefeaed for Compltanee No
,______._._.___I
Env.Review fnaPection Date
Lc.HI By Select One '
SMP No 01 Comp0ance i..n,. .
v
:_ _...--... Proiva Statue
Propose Public �
Dalaved Select One '
Re.mon `r.ranx a?Ci10<.une�4 v
Reason .... ....-
Oel.lved
I,anunenf
i,I'.tn•l i r.11al'".e.
Cycle Time 40 Days
Start Date ReStad Date Suspend Date .Suspend Reason -01086;Didq,Btatua,
01-05-2007 02-13-2007 ActNe Edit
Stream 1 Add
Stream Name -0raln. tream Name„River Mile,-Stream Bank,,"
Tuckesege.R Little Tennessee R 11.6 Len Edit Remove
Customer 1 Add
You can orgy edit customers you have added.
The symbol': indicates that the Customer has been picked from a fist and cannot be edited Irom here.
Show/Hide Prated First Mldtlte. =Lail f..:SIlt1D) "ti.limpany ,:�'TIpB t irsl
10 Town of Bryson City u- Remove:
Fnr,Bjty 17 Add -•
Permit Date FacllltyType.'f - Langih,":ttyldth,
05-04-1965 Utilities-Aerial-Electric Edt• Remove
05 04-1965 Building-Open to the Elements(i.e.hanger,shed,shatter) Edit '.Remove
05-04-1955 Culvert-Raedway, - Edt Remove
0243-2007 DockRier-Fixed 12.5 24 Edt ;Remove
0504-1965 Ltlilties-Undergrountl-Water Edit ':Remove
05-04-1965 Steps Echt Remove
ll
05-04-1965 Electric PolelServicaUght, Edit.- `.Remove;
02-13-2007 Sidewa1kiWelkwey8..dwaa(Land-based) _ Etl4 .(Remove
02-13-2007 LardscePin9✓Mlnor Clearing i Edit
05-04-1965 UlBities-Lhdergrokrld-Electric - Edit :'.Remove'
OS-09-1965 Building-Closed-Restroom j EdIt Remove.
05-04-1965 -OrlIffable Edo Remo":
05.04-1965 RoedNrivewey Edt Remove
05-044965 Parking Are. Edit ;Remove'
05-04-1955 Parking Area Edit .Remove
05.04-1965 Aux Table Edit Remove
09-11-1997 St-Water Drain Edit Remove
Related Land TIACI 1 AAd
TraCtTVPG;.P.roiectSymbol,,38g11@bt®'�,E&9emBDitLBase;TYp6 - ,.,'ti:`:.
FIR 1368 ;Remove.
County and Starts 1 Add
Courdy ,Si@te
Swain - North Carolina Remove
Subdivislous 1 Add
You can only add subdivisions you have added.
The symbol.-.indicates that the Subdivision has been picked from a list and cannot be witted from here.
ShnwiHide Subdivision Name. Reservoir
PNIA Remove' Lots
Comment 3 Add
Comment
Date .Comment Text
n 1.16-2007 On March 10,1961,4 was recommended that this area be developed to recreation for the general public end under a license (� I•Remove
agreement between TVA and Bryson City.In May 4,1965(see RLR 19976 and license agreement TV-25887A)a no objection •--�IL•------
agreement was put in place.On October 1,1990,we agate had rat ehia Lion to the City making improvements(gels,1pwade
horse arena,electrical cutoff switch)to the some area.Currently,the Cty has received a 375000 from TVA's receation
capital project program antl with the help of several volunteer groups and ever fedeoalfstale agencies,will upgrade the
existing factNles and create a fisting trail end ADA fishing pier.
01-17.2007 According to a letter written re hierch the cent a portion h ilts toed)01 lord was conveyed at fee simple to Southern Ral7oetl { i(100'up streemJ100'tlowrlstreem from the danger One of the tea oatl)"in satisfaction of our railroad relocation ub3gefions ......-------
resulting from Fordena Reservoir-•'This project proposal will UVlude a request from the Town to widen eta 2D0 foot strip to
that two vehicles can pass each other but this wN involve the Great Smoky Mourteln Railroad.As long as our flowage
agreements are not offended,we will have no objection to any Improvement on the access reed.
01-18-31W Railroad transferred on 17 June 1953 under Contract TV-78197(RLR 104087). Edit .l "
Edit -j Removee
d
Map Sheet 4 Add
Map Sheet.NO',' Type,-'•p QUarler�UBdratit a
28 CA Stage :Remove -
Rol.lfed Land Record 2 Add
Land Record Id Land Record Type
19976 License Remove
104087 Transfer Remove -
Apinoval 0 Add
Save

Categorical Exclusion Checklist for Proposed TVA Actions
Categorical Exclusion Number Claimed Organization ID Number Tracking Number(NEPAAdministration Use Only)
26 RLR177345 14913
PForm Preparer Project Initiator/Manager Business Unit
Steven L Akers Steven L Akers RSOE-Resource Stewardship
Project Title Hydrologic Unit Code
26a Category 2 RLR177345 Town of Bryson City Fontana Reservoir 06010203-040
Description of Proposed Action(Include Anticipated Dates of Implementation) X❑ Continued on Page 3(if more than one line)
For Proposed Action See Attachments and References
Initiating TVA Facility or Office TVA Business Units Involved in Project
Little Tennessee Watershed Team RSOE-Resource Stewardship
Location(City,County,State)
For Project Location see Attachments and References
Parts 1 through 4 verify that there are no extraordinary circumstances associated with this action:
Part 1. Project Characteristics
Is there evidence that the proposed action-- No Yes Information Source
1. Is major in scope? X NOA Akers S.L. 01/18/2007
2. Is part of a larger project proposal involving other TVA actions or other federal agencies? X NOA Akers S.L. 01/18/2007
*3. Involves non-routine mitigation to avoid adverse impacts? X NOA Akers S.L. 01/18/2007
4. Is opposed by another federal,state,or local government agency? X Akers S.L. 02/12/2007
*5. Has environmental effects which are controversial? X NOA Akers S.L. 01/18/2007
*6. Is one of many actions that will affect the same resources? l X For comments see attachments
7. Involves more than minor amount of land? X NOA Akers S.L. 01/18/2007
*If"yes"is marked for any of the above boxes,consult with NEPA Administration on the suitability of this project for a categorical exclusion.
Part 2. Natural and Cultural Features Affected
Per- Commit- Information Source
Would the proposed action--- No Yes mit ment for Insi nificience
1. Potentially affect endangered,threatened orspecial status species? X No Yes For comments see attachments
2. Potentially affect historic structures,historic sites,Native American X No No For comments see attachments
religious or cultural properties,or archaeological sites?
3. Potentially take prime or unique farmland out ofproduction? X No No NOA Akers S.L. 01/18/2007
4. Potentially affect Wild and Scenic Rivers or their tributaries? X No No Akers S.L. 02/12/2007
5. Potentialli affect a stream on the Nationwide Rivers Inventory? X No No Akers S.L. 02/12/2007
6. Potentially affect wetlands water flow,or stream channels? X No No For comments see attachments
7. Potentially affect the 100 ear flood lain? X - No No For comments see attachments
8. Potentially affect ecologically critical areas,federal,state,or local park X No No For comments see attachments
lands,national or state forests,wilderness areas,scenic areas,wildlife
management areas,recreational areas,greenways,or trails?
9. Contribute to the spread of exotic or invasive species? X No No For comments see attachments
10.Potentially affect migratory bird populations? X No No James W.K. 01/19/2007
11.Involve water withdrawal of a magnitude that may affect aquatic life or X No No NOA,Akers S.L. 01/18/2007
involve interbasin transfer of water?
12.Potentially affect surface water? X No No Akers S.L. 02/12/2007
13.Potentially affect drinkin water supply? X No No NOA,Akers S.L. 01/18/2007
14.Potentially affectgroundwater? X I No No INOA,Akers S.L. 01/18/200,7
15.Potentially affect unique or important terrestrial habitat? X No. No James W.K. 01/19/2007
16.Potentially affect unique or important aquatic habitat? X No No For comments see attachments
TVA 30494[9-2001]Page 1

3. Potential Pollutant Generation
Per- Commit- Information Source
Would the proposed action potentially(includingaccidental or unplanned)--- No Yes mit ment for Insi nificience
011. Release airpollutants? X No No CBC Akers S.L. 01/18/2007
2. Generate waterpollutants? X No No CBC Akers S.L. 01/18/2007
3. Generate wastewater streams? X No No lCBC,Akers S.L. 01/18/2007
4. Cause soil erosion? X No No For comments see attachments
5. Discharge dredged or fill materials? X No No Akers S.L. 02/12/2007
6. Generate large amounts of solid waste or waste not ordinarily generated? X No No CBC Akers S.L. 01/18/2007
7. Generate or release hazardous waste RCRA? X No No CBC Akers S.L. 01/18/2007
8. Generate or release universal orspecial waste or used oil? X No No CBC Akers S.L. 01/18/2007
9.. Generate or release toxic substances CERCLA,TSCA? X No No CBC,Akers S.L. 01/18/2007
10.Involve materials such as PCBs,solvents,asbestos,sandblasting material, X No No CBC,Akers S.L. 01/18/2007
mercury,lead,or paints?
11.Involve disturbance ofpre-existing contamination? X No No Akers S.L. 02/12/2007
12.Generate noise levels with off-site impacts? X No I No CBC Akers S.L. 01/18/2007
13.Generate odor with'off-site impacts? X No No. CBC,Akers S.L. 01/18/2007
14.Produce light which causes disturbance? X No No CBC Akers S.L. 01/18/2007
15.Release of radioactive materials? X No No CBC Akers S.L. 01/18/2007
16.Involve underground or above round storage tanks or bulk storage? X No No CBC Akers S.L. 01/18/2007
17.Involve materials that require special handling? X No I No CBC Akers S.L. 01/18/2007
Part 4. Social and Economic Effects
Commit Information Source
Would the proposed action--- No Yes ment for Insi nificience
1. Potentially cause public health effects? X No NOA Akers S.L. 01/18/2007
2. Increase the potential for accidents affecting thepublic? X No NOA Akers S.L. 01/18/2007
3. Cause the displacement or relocation of businesses,residences,cemeteries,or X- No NOA,Akers S.L. 01/18/2007
'farms?
4. Contrast with existing land use,or potentially affect resources described as X No Akers S.L. 02/12/2007
unique or significant in a federal,state,or local plan?
5. Disproportionately affect minority or low-income populations? X No NOA Akers S.L. 01/18/2007
6. Involve genetically engineered organisms or materials? X No NOA Akers S.L. 01/18/2007
7. Produce visual contrast or visual discord? X No Akers S.L. 02/12/2007
8. Potentially interfere with recreational or educational uses? X No Akers S.L. 02/12/2007
9. Potentially interfere with river or other navigation? X No Akers S.L. 02/12/2007
10.Potentially generate highway or railroad trafficproblems? X No NOA,Akers S.L. 01/18/2007
Part 5. Other Environmental Compliance/Reporting Issues
Commit Information Source
Would the proposed action--- No Yes ment for Insi nificience
1. Release or otherwise use substances on the Toxic Release Inventory list? X No NOA Akers S.L. 01/18/2007
2. Involve a structure taller than 200 feet above ground level? X No NOA Akers S.L. 01/18/2007
3. Involve site-specific chemical traffic control? X No INOA,Akers S.L. 01/18/2007
4. Require a site-specific emergency notificationprocess? X No INOA,Akers S.L. 01/18/2007
5. Cause a modification toequipment with an environmentalpermit? X No NOA Akers S.L. 01/18/2007
6. Potentially impact operation of the river system or require special water X No NOA,Akers S.L. 01/18/2007
elevations or flow conditions??
TVA 30494[9-20011 Page 2

escription of Proposed Action(Include Anticipated Dates of Implementation) ❑ Continued from Page 1
Parts 1 through 4: If"yes"is checked, describe in the discussion section following this form why the effect is insignificant.
Attach any conditions or commitments which will ensure insignificant impacts. Use of non-routine commitments.to avoid
significance is an indication that consultation with NEPA Administration is needed. .
An❑ EA or❑ EIS will be prepared.
Based upon my review of environmental impacts, the discussions attached and/or consultations with NEPA
Administration, I have determined that the above action does not have a significant impact on the quality of the human
environment and that no extraordinary circumstances exist. Therefore, this proposal qualifies for a categorical exclusion
under Section 5.2. 26 of TVA NEPA Procedures.
Project Initiator/Manager Date
Steven L Akers 02/12/2007
TVA Organization E-mail Telephone
U NKN [e-mail]
Site Environmental Compliance Reviewer' Final Review/Closure
Steven L Akers 02/13/2007
Signature Signature
Other Review Signatures (as required by your organization)
Darrell A.Cuthbertson 02/13/2007
Signature Signature
Signature Signature
Signature Signature
Attach ments/References
Description of Proposed Action
Facility(s): Picnic Table Utilities-Underground-Electric Parking Area Dock/Pier-Fixed Utilities-Underground-Water Utilities-
Aerial-Electric Electric Pole/Service/Light Grill/Table Parking Area Road/Driveway Steps Storm Water Drain Building-Closed-
Restroom Building-Open to the Elements(i.e.hanger,shed,shelter) Landscaping/Minor Clearing Applicant(s): Town of Bryson City Post
Office Box 726 Bryson City NC 28713
CEC General Comment Listing
1. In the Information Source columns associated with the checklist questions,NOA refers to Nature of Action and CBC refers to
Cleared By Criteria. These criteria are described in the Resource Stewardship Prescreening Criteria Checklist Instructions.
By:Steven L Akers 01/18/2007
TVA 30494.[9-2001]Page 3

CEC Comment Listing
Part 1 Comments
6. Addresses in Shoreline Management Initiative Environmental Impact Statem ent
.By:Steven L Akers 01/18/2007
Part 2 Comments
1. No terrestrial endangered,threatened or special status plant or animal species will be affected by the proposed action.
Special concern aquatic species do occur in the Tuckaseegee River and potential affects on these species will be addressed
by Heritage aquatic specialists.
By:Wesley K James 01/19/2007
1. Aquatic species list
By:Clinton Jones 01/23/2007
Files: 14913 Aquatic T&E Table 1.doc 01/23/2007 39,424 Bytes
1. Nine state listed,two federally endangered,and one federally threatened aquatic species are known to occur within a
ten-mile radius of the proposed project area(Aquatic T&E Table 1). However,of these species,only one federally
endangered,one federally threatened historical occurrence,and four state listed species are known to occur in the
potentially affected watersheds within a ten-mile radius. The appalachian elktoe,a federally endangered mussel,is
known to occur approximately two miles upstream of the proposed project site. Impacts could occur if sediment is introduced
into the river as a result of construction. However,if proper Best Management Practices(BMPs)are implemented correctly
and the above stated commitments are followed,then no impacts will occur to the appalachian elktoe or any of above stated
species as a result of the proposed action.
By:Clinton Jones 01/23/2007
2. A field review was conducted on 2/8/2007 and no historic properties will be affected. Concur with approval.
By:Anthony E.Howard 02/09/2007
6. No wetlands will be affected by the proposed action.
By:Wesley K James 01/19/2007
6. The proposed project area is located on the Tuckasegee River. Impacts could occur if sediment is introduced into the river
as a result of construction. However,if proper BMPs are implemented correctly and the commitments outlined in part 2.1 are
followed then no impacts will occur as a result of the proposed action.
By:Clinton Jones 01/23/2007
7. The proposed project involves the construction of a restroom,storage buildings and a fixed dock within the limits of the
100-year floodplain. Improvements would also be made to an existing boat launch. Consistent with Executive Order 11988,a
fixed dock and boat launch are considered to be repetitive actions in the floodplain that should result in minor impacts.
Because all of the property subject to development is in the 100-year floodplain,there is no practicable alternative to
locating the restroom and storage buildings in the floodplain. To minimize adverse impacts,the restroom and storage
buildings would be constructed to be floodable and not sustain significant damage if flooded. In addition,any water heater
or other items/equipment subject to flood damage in these structures must be located above or floodproofed to the 500-year
flood elevation 1728.7. From the standpoint of Flood Control,we have no objection to the proposed project provided the
following conditions are included in the final CEC and permit: 1.The restroom and storage buildings must be constructed to
be floodable and any water heater or other items/equipment subject to flood damage in these structures must be located above
or floodproofed to the 500-year flood elevation 1728.7. 2.For all electrical services permitted,a disconnect must be
located at or above the 1728.7-foot contour that is accessible during flooding.
By:Roger A.Milstead 01/24/2007
8. No affects are anticipated on federal or state park land,national or state forests,wilderness areas,scenic areas,or
wildlife management areas.The proposed project is designed to benefit the local park and recreational area and users of
this area.
By:Wesley KJames 01/19/2007
Page 4

PFC Comment Listing
9. Since the work would not be moving aquatic species or water from different locations,there would be no potential impacts
from invasive aquatic animal species.
By:Clinton Jones 01/23/2007
16. Appalachian elktoe,a federally endangered mussel,habitat could potentially occur adjacent to the proposed project area.
However,if proper BMPs are implemented correctly and the commitments outlined in part 2.1 are followed,no impacts will
occur to this habitat.
By:Clinton Jones 01/23/2007
Part 3 Comments
4. Insignificant with implementation of General and Standard Conditions including BMPs
By:Steven L Akers 01/18/2007
CEC Commitment Listing
Part 2 Commitments
1. 1.Uncured concrete will not have any contact with water of the Tuckasegee River. 2.No sediment is introduced into the
Tuckasegee River as a result of construction.
By:Clinton Jones 01/23/2007
Page 5

PPPP
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Land Resources
Land Quality Section
Michael F. Easley,Governor William G. Ross,Jr., Secretary
James D.Simons, PG, PE, Director and State Geologist Janet S. Boyer, PE,Regional Engineer
May 21, 2008
NOTICE OF DEFICIENCY "ry'
[1®r�)
CERTIFIED MAIL-7005 1820 0002 9207 1112 MAY 2 2 2008 j
RETURN RECEIPT REQUESTED
WATER QUALITY SECTION
Ted Phillips ASHEVIVILLE REGIONAL OFFICE
P.O. Box 52050
Knoxville, TN 37950 -- _
RE: Leonard Phillips Dam 004-Graham County
Dear Mr. Phillips:
The Dam Safety Law of 1967 provides for the certification and inspection of dams in the interest of
public health, safety, and welfare, in order to reduce the risk of failure of dams, to prevent injuries to
persons, damage to downstream property, and to ensure the maintenance of stream flows.
A visual inspection of the,referenced dam was conducted on May 15, 2008, by staff of the Land Quality
Section Asheville Regional Office. During this inspection, the following conditions were noted:
1. It appears that the spillway has inadequate capacity to pass the required storm event for a
high hazard dam.
2. The principle spillway inlet and outlet pipe are submerged. It is possible that the principle
spillway is partially clogged.
3. There are holes and seepage along the toe area of the dam near the pipe. This could be an
indication of pipe deterioration and/or displaced joints.
These conditions appear serious and justify further engineering study to determine appropriate remedial
measures. In the event of a dam failure, human life and significant property would be endangered
because of the downstream location of the house on the toe of the dam, the convenience store, and
Highway 129.
A clogged principle spillway, coupled with the inadequate capacity of the emergency spillway, can lead
to failure of the dam. The seepage along the pipe, near the toe area also indicates possible problems
with the pipe integrity.
2090 US Highway 70, Swannanoa, North Carolina, 28778-8211
Telephone [phone] Fax [phone]
www.enr.state.nc.us One
NorthCarolina.
An Equal Opportunity/Affirmative Action Employer Na imal y

FF
70fDeficiency
Leona Phillips Dam
May 21, 20n8
Page 2 of 2
In order to ensure the safety of this dam, you are directed to retain the services of a registered
professional engineer or an experienced engineering firm to make a study of the conditions outlined in
this letter. Plans and specifications for repair based on the results of the study must be filed with the
Division of Land Resources for approval pursuant to the North Carolina Administrative Code, Title 15A,
Subchapter 2K- Dam Safety(15A NCAC 2K). Two copies of this study and plan shall be submitted to
this office by July 30, 2008.
In addition to the above, the following remedial actions, not requiring design or approval, should be
completed by July 30, 2008. These items include the following:
1. Clear the brush from the downstream slope of the dam and establish a grass groundcover.
You are instructed to drain the impoundment and keep it drained until necessary repairs are
made or a breach plan is submitted and approved by The Division of Land Resources. For
earthen dams the rate of draw down shall not exceed 1 foot per day unless approved by our
office. Siphoning shall be done under the supervision of a licensed engineer experienced in
dam design. The draining shall be done in such a way to minimize the sediment load at the
outlet. Contact The North Carolina Division of Water Quality, Roger Edwards,at(828)296-4500
for additional information on their requirements.
An updated Emergency Action Plan (EAP)will be required for this dam if one is not already on file. If an
existing EAP has not been updated in the past year, the downstream hazards shall be checked and all
contact information should be verified. Two copies of the EAP shall be submitted to the Division of
Land Resources, 1612 Mail Service Center, Raleigh, NC 27699-1612,Attn: State Dam Safety Engineer,
and a copy shall be provided to the local emergency management office.
Please contact us at 828-296-4500 to advise us of your intended action in this matter. If we do not
receive notification on or before June 1, 2008, we shall present the case information for appropriate
enforcement action. Enforcement action could include a civil penalty of up to $500.00 per day of
violation, and/or issuance of a Dam Safety Order requiring the repair or removal of this dam, and/or
injunctive relief to gain compliance.
Sincerely,
J net S. Boyer, PE
R gional Engineer
cc: State Dam Safetg. En ineer
G:\LQ\Graham\Dams\004 Leonard Phillips Dam\NOD 05-21-2008.doc