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HomeMy WebLinkAboutNC0058891_Permit Issuance_20031231HPDES DOCUMENT SCANNING COVER SHEET NC0058891 Valley Creek WWTP NPDES Permit: Document Type: Permit Issuance Wasteload Allocation Authorization to Construct (AtC) Permit Modification Complete File - Historical Engineering Alternatives (EAA) Correspondence Owner Name Change Report Instream Assessment (67b) Speculative Limits Environmental Assessment (EA) Document Date: December 31, 2003 This document is printed on reuse paper - ignore any contest on the reverse side 'State of North Carolina Department of Environment and Natural Resources Division of Water Quality Michael F. Easley, Governor William G. Ross, Jr., Secretary Alan W. Klimek, P.E., Director December 31, 2003 Mr. Leonard Cottom Hawksnest Utilities, Inc. 2058 Skyland Drive Seven Devils, North Carolina 28604 A�� NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES Subject: Issuance of NPDES Permit NC0058891 Valley Creek WWTP Watauga County Dear Mr. Cottom: Division personnel have reviewed and approved your application for renewal of the subject permit. Accordingly, we are forwarding the attached NPDES discharge permit. This permit 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 May 9, 1994 (or as subsequently amended). This final permit includes Daily Maximum limits for ammonia nitrogen at the 0.9 MGD flow. Theselimits were added to comply with an EPA requirement that the Division implement daily maximum NH3 las NJ limits for non -municipal facilities, as required by the Code of Federal Regulations. The daily maximum value is five times the monthly average value (this multiplier was established based on a review of treatment capability at various non -municipal plants). Daily maximum values are capped at 35.0 mg/L Also note that your facility must justify the need for specific design flows prior to a request for flow expansion. If any parts, measurement frequencies or sampling requirements contained in this permit are unacceptable to you, you have the right to an adjudicatory hearing upon written request within thirty (30) days following receipt of this letter. This request must be in the form of a written petition, conforming to Chapter 15011 of the North Carolina General Statutes, and filed with the Office of Administrative Hearings (6714 Mail Service Center, Raleigh, North Carolina 27699-6714). Unless such demand is made, this decision shall be final and binding. Please note that this permit is not transferable except after notice to the Division. The Division may require modification or revocation and reissuance of the permit. This permit does not affect the legal requirements to obtain other permits which may be required by the Division of Water Quality or permits required by the Division of Land Resources, the Coastal Area Management Act or any other Federal or Local governmental permit that may be required. If you have any questions concerning this permit, please contact Charles Weaver at telephone number (919) 733-5083, extension 511. cc: Central Files Winston-Salem Regional Office/Water Quality Section NPDES Unit Richard A. DeMott — Watauga River Conservation Partners P.O. Box 1194, Linville, NC 28646-1194 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 An Equal opportunity Affirmative Action Employer Sincerely, ..nal Signed y,��yy lA' Good�f: Ala imek, P.E. Telephone (919) 733-5083 FAX (919) 733-0719 VISIT US ON THE INTERNET @ http://h2o.enr.state.nc.us/NPDES Permit NC0058891 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, Hawksnest Utilities, Inc. is hereby authorized to discharge wastewater from a facility located at the Valley Creek WWTP NCSR 1151 Foscoe Watauga County to receiving waters designated as Valley Creek in the Watauga River Basin in accordance with effluent limitations, monitoring requirements, and other conditions set forth in Parts I, II, III and IV hereof. This permit shall become effective February 1, 2004. This permit and authorization to discharge shall expire at midnight on September 30, 2007. Signed this day December 31, 2003. ati9►n Signed By David Alan W. Klimek, P.E., Director Division of Water Quality By Authority of the Environmental Management Commission Permit NC0058891 SUPPLEMENT TO PERMIT COVER SHEET All previous NPDES Permits issued to this facility, whether for operation or discharge are hereby revoked. As of this permit 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 included herein. Hawksnest Utilities, Inc. is hereby authorized to: 1. Continue to operate an existing 0.01 MGD wastewater treatment system with the following components: • Influent holding tank • Bar screen • Aeration basin • Clarifier with sludge return • Aerated sludge holding • Tablet chlorinator • Chlorine contact chamber • Reaeration chamber for chlorine reduction The facility is located in Foscoe at Valley Creek WWTP off NCSR 1151 in Watauga County. 2. After receiving an Authorization to Construct from the Division of Water Quality, expand the plant to 0.9 MGD. 3. Discharge from said treatment works at the location specified on the attached map into Valley Creek, currently classified C-Trout waters in the Watauga River Basin. Latitude: 36°08'50" Longitude: 81 °48'O1" Quad # C 1 1 NE Receiving Stream: Valley Creek Stream Class: C-Trout Subbasin: 040201 NC0058891 - Hawksnest Utilities -Valley Creek Watauga County Permit NC0058891 A. (1.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS (0.01 MGD) During the period beginning on February 1, 2004 and lasting until expansion above 0.01 MGD, the Permittee is authorized to discharge from outfall 001. Such discharges shall be limited and monitored by the Permittee as specified below: PARAMETER LIMITS MONITORING REQUIREMENTS Monthly Average Daily Maximum Measurement Frequency Sample Type Sample Location' Flow 0.010 MGD Continuous Recorder Influent or Effluent BOD, 5-day (20°C) 30.0 mg/L 45.0 mg/L Weekly Grab Effluent Total Suspended Solids 30.0 mg/L 45.0 mg/L Weekly Grab Effluent NH3 as N (April 1- October 31) 16.0 mg/L 35.0 mg/L 2/Month Grab Effluent NH3 as N (November 1- March 31) 2/Month Grab Effluent Dissolved 0xygen2 Weekly Grab Effluent, Upstream & Downstream Fecal Coliform (geometric mean) 200/100 mi 400/100 ml Weekly Grab Effluent Total Residual Chlorine 28 µg/L 2/Week Grab Effluent Temperature (°-C) Weekly Grab Effluent, Upstream & Downstream pH3 Weekly Grab Effluent Footnotes: 1. Upstream = at least 50 feet above the discharge point. Downstream = at NC Highway 105. 2. The minimum daily dissolved oxygen effluent concentration shall not be less than 6.0 mg/L. 3. The pH shall not be less than 6.0 standard units nor greater than 9.0 standard units. There shall be no discharge of floating solids or visible foam in other than trace amounts Permit NC0058891 A. (2.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS (0.9 MGD) During the period beginning upon expansion to 0.9 MGD and lasting until expiration, the Permittee is authorized to discharge from outfall 001. Such discharges shall be limited and monitored by the Permittee as specified below: EFFLUENT CHARACTERISTICS LIMITS MONITORING REQUIREMENTS Monthly Average Daily Maximum Measurement Frequency Sample Type Sample Location1 Flow 0.9 MGD Continuous Recorder Influent or Effluent BOD, 5-day (20°C) 30.0 mg/L 45.0 mg/L Weekly Composite Effluent Total Suspended Solids 30.0 mg/L 45.0 mg/L Weekly Composite Effluent NH3 as N (April 1- October 31) 2.0 mg/L 10.0 mg/L 2/Month Composite Effluent NH3 as N (November 1 - March 31) 4.0 mg/L 20.0 mg/L 2/Month Composite Effluent Dissolved Oxygen2 Weekly Grab Effluent, Upstream & Downstream Fecal Coliform (geometric mean) 200/100 ml 400/100 ml Weekly Grab Effluent Total Residual Chlorine 21 µg/L 2/Week Grab Effluent Temperature (°C)3 Weekly Grab Effluent, Upstream & Downstream Total Nitrogen (NO2+NO3+TKN) Semi -Annually Composite Effluent Total Phosphorus Semi -Annually Composite Effluent pH4 Weekly Grab Effluent Footnotes: 1. Upstream = at least 50 feet above the discharge point; Downstream = at NC Highway 105. 2. The minimum daily dissolved oxygen effluent concentration shall not be less than 6.0 mg/L. 3. The instream temperature shall not be increased by more than 0.5°C (0.9°F) due to this discharge, but in no case to exceed 20°C (68°F). 4. The pH shall not be less than 6.0 standard units nor greater than 9.0 standard units. There shall be no discharge of floating solids or visible foam in other than trace amounts A. (3.) FLOW JUSTIFICATION This facility must justify the need for specific design flows prior to a request for flow expansion. PUBLIC NOTICE STATE OF NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMIS- SION/NPDES UNIT 1617 MAIL SERVICE CENTER RALEIGH, NC 27699-1617 NOTIFICATION OF INTENT TO ISSUE A NPDES WASTEWATER PERMIT On the basis of thorough staff review and application of NC General Statute 143.21, Public law 92-500 and other lawful standards and regulations, the North Carolina Environmental Management Commission proposes to issue a National Pollutant Discharge Elimination System (NPDES) wastewater disc- harge permit to the per- son(s) listed below effective 45 days from the publish date of this notice. Written comments regarding the proposed permit will be accepted until 30 days after the publish date of this notice. At comments re- ceived prior to that date are considered in the final de- terminations regarding the proposed permit. The Direc- tor of the NC Division of Water Quality may decide to hold a public meeting for the proposed permit should the Division receive a significant degree of public interest. Watauga River in the Watauga River Basin. Cur- rently ammonia, fecal coliform and oil & 9rease are water quality limited. This discharge may affect future allocations in this portion of the receiving stream. NPDES Permit Number NC0035149, EVEN DEVILS RESORT, 151 MR. BISH BLVD., BOONE, NC 28607 has applied for a permit renewal for a facility located in WATAUGA County disc- harging treated wastewater into UT WATAUGA RIVER in the WATAUGA River Basin. Currently fecal coliform & total residual chlorine are water quality limited. This discharge may affect future allocations in this portion of the receiving stream. NPDES Permit Number NC0058891, awknest Utilities - Valley Creek WWTP, 2058 Skyland Drive, Seven Devils, NC 28604 has applied for a permit renewal for a facility located in Watauga County discharging treated wastewater into Vall- ey Creek in the Watauga River Basin. Currently am- monia, fecal coliform and total residual chlorine are water quality limited. This discharge may affect future allocations in this portion of the receiving stream. NPDES Permit Number Copies of the draft permit NC0032166. Appalachian and other supporting infor- State University - Camp mation on file used to de- Broadstone, University Hall, termine conditions present in Boone, NC 28608 has app- the draft permit are available lied for a permit renewal for upon request and payment a facility located in Watauga of the costs of reproduction. County discharging treated Mail comments and/or re- wastewater into an unnamed quests for information to the River inry to the g WataugaR NC Division of Water Qualify River in the Watauga River at the above address or call Basin. Currently B solids, total Ms. Christie Jackson at 919- suspended r fecal 733-5083, extension 538. coliform, total residual Please include the NPDES chlorine and ammonia are water quality permit number (attached inlimited. This any communication. Interedischarge mayo allocations in this affectfuture portion of ted persons may also visit the receiving stream. the Division of Water Quality July 5-lc at 512 S. Salisbury Street, Raleigh, NC 27604-1148 between the hours of 8:00 a.m. and 5:00 p.m. to review information on file. NPDES Permit Number NC0022730, Beech Moun- tain, Town of - Grassy Gap WWTP, Beech Mountain Parkway, Beech Mountain, NC 28604 has applied for a permit renewal for a facility located in Watauga County discharging treated was- tewater in Grassy Gap Creek in the Watauga River Basin. Currently NH3, fecal coliform and total residual chlorine are water quality limited. This discharge may affect future allocations in this portion of the receiving stream. NPDES Permit Number NC 0032123, Carolina Water Service - Hound Ears WWTP, PO Drawer 240908, Charlotte, NC 28224 has applied for a permit renewal for a facility located in Watauga County discharging *4pit� 9 tit e'• fie,:, t AFFIDAVIT OF PUBLICATION NORTH CAROLINA-WATAUGA COUNTY Before the undersigned, a Notary Public of said County and state, duly commissioned, qualified and authorized by law to administer oaths, personally appeared: ANGELA H GREENE Who being first duly sworn, deposes and says: that he (she) is ACCOUNTING ASSISTANT of a newspaper known as THE WATAUGA DEMOCRAT, published, issued and entered as second class mail in the City of Boone, in said County and State; that he (she) is authorized to make this affidavit and sworn state- ment; that the notice or other legal advertisement,a true copy of which is attached hereto, was published in THE WATAUGA DEMOCRAT the following dates: JULY 5, 2002 and that the said newspaper in which such notice,paper,document, or legal advertisement was published was, at the time of each and every such pub- lication, a newspaper meeting all of the requirements and qualifications of Section I-597 of the General Sta- tutes of North Carolina and was a qualified newspaper within the meaning of Section I-597 of the General Sta- tutes of North Carolina This day of Sworn to and subscribed before me, this 5 _day of , _2j) Notary Public My Commission expires J . ao0f Re: [Fwd: [Fwd: [Fwd: NPDES permit #NC0058891]]] Subject: Re: [Fwd: [Fwd: [Fwd: NPDES permit #NC0058891]]] Date: Fri, 09 Aug 2002 06:58:47 -0400 From: "Sue White, EIT' <Sue.White@ncmail.net> Organization: NC DENR Winston Salem Regional Office To: Christie Jackson <christie.jackson@ncmail.net>, Rusty Trammel <kd4pvv@skybest.com> Thanks Christie! I'll forward to Mr. Trammel Christie Jackson wrote: Subject: Re: [Fwd: [Fwd: NPDES permit #NC0058891]] Date: Thu, 08 Aug 2002 16:17:47 -0400 From: Sue Homewood <sue.homewood@ncmail.net> Organization: DWQ To: Christie Jackson <christie.jackson@ncmail.net> References: <3D52CFCO.DAF39E08@ncmail.net> i think charles meant sue white. Christie Jackson wrote: Sue, I think this is finally corrected. This was a confusing situation, but I think we updated it when I did the draft permit. Let me know if they are still having problems. Thanks, Christie Subject: [Fwd: NPDES permit #NC0058891] Date: Thu, 08 Aug 2002 09:48:29 -0400 From: Charles Weaver <Charles.Weaver@ncmail.net> To: Christie Jackson <Christie.Jackson@ncmail.net> Can you respond to Sue on this matter? This is one of those where we had problems with addresses, permittees, etc. Thanks, CHW Original Message 1of3 8/9/027:00AN Re: [Fwd: [Fwd: [Fwd: NPDES permit #NC00588911]] Subject: NPDES permit #NC0058891 Date: Thu, 08 Aug 2002 09:24:01 -0400 From: "Sue White, EIT" <Sue.White@ncmail.net> ----- -- Organization: NC DENR Winston Salem Regional Office To: Charles Weaver <Charles.Weaver@ncmail.net>, Rusty Trammel <kd4pvv@skybest.com> Charles: Rusty Trammel, Owner of Water Quality Services in Banner Elk, NC, contacted me about permit #NC0058891, Valley Creek WWTP located on Seven Devils in Watauga County. He said that the renewal applications and all other correspondence for this plant had been going to Mr. Mark Harrill. Mr. Harrill is not the permit holder for this permit. Mr. Harrill owns another WWTP on Seven Devils that Mr. Trammel operates as well. I looked on Filemaker Pro, and Mr. Harrill is in fact listed as the permit holder for Valley Creek WWTP. This information should be: Leonard Cottom Hawksnest Utilities 2058 Skyland Drive Seven Devils, NC 28604 How can we go about getting this information corrected? Mr. Cottom is not receiving any correspondence until it goes through Mr. Harrill and Mr. Trammel. Thanks for any help or info you can give me. Sue White, EIT NC DENR Winston-Salem Regional Office Division of Water Quality, Water Quality Section 585 Waughtown Str eet Winston-Salem, NC 27107 Voice: (336) 771-4608 ext 273 FAX: (336) 771-4630 "Am I not destroying my enemies when 1 make friends of them?" Abraham Lincoln Sue White, EIT NC DENR Winston-Salem Regional Office Division of Water Quality, Water Quality Section 2 of 3 8/9/02 7:00 AN MEMO Division of Water Quality Winston-Salem Regional Office July 24, 2002 Memorandum to: Christie Jackson, NPDES Unit Through: From: Subject: Steve Mauney Acting Water Quality Supervisor Sue White Environmental Engineer I Valley Creek WWTP Draft NPDES Permit, NC0058891 request for comments, Watauga County I have reviewed above mentioned draft permit. I have no comments at this time. RE, JUL 30 2002 DENR - WATER QUALITY POINT SOURCE BRANCH Watauga River Conservation Partners Chapter of the Westem North Carolina Alliance Nd 14)1 rn Dime-t (., PO-Bdx 1194, Linville, NC 28646-1194 JUL 24 C''!R - t:ATER FaiNT SO '.'tCE . Alan Klimek irector Borth Carolina Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 July 15, 2002 Dear Mr. Klimek: 6-&') qk '6"Yrsrf t4W JULlA `q 2002 DIV.OF � FCE QUALITY DIRECTOR'S As the chairman and on behalf of the Watauga River Conservation Partners chapter of the Western North Carolina Alliance I want to express to you our concerns about Waste Water Treatment Plants in Avery and Watauga counties all of which discharge into the Watauga River directly or through tributaries. The permits we are concerned about are as follows: Avery County NPDES Permit Number NPDES Permit Number NPDES Permit Number Watauga County NPDES Permit Number NPDES Permit Number NPDES Permit Number NPDES Permit Number Seven Devils NPDES Permit Number NC0032166, Appalachian State University - Camp Broadstone, University Hall, Boone We are aware of past records of all of the above and their violations, which we have reviewed, covering a five year period. 0ur knowledge and review provides the following observationswith particular concern about four of the W.W.T.P.s: 1) #NC0042358, Adams Apple. Adams Apple appears to be at full capacity with limited access for discharge. Its age and limitations make it a questionable plant for continued use based upon our members personal and regular observance. There appears to have been occurrences of discharges not fisTly reported to the DWQ. 2) 9CNC0022730, Beech Mountain -Grassy Gap. Grassy Gap and the other W.W.T.P. operated by the Town of Beech Mountain are under moratorium because of the many many problems with these plants and the lines to them. They continue to require very careful monitoring and limits on their permits until reconstruction and improvements may be made all of which are very costly. Grassy Gap and Pond Creek (#NC0069761) have often been sub- ject to serious inflow and infiltration due to rain and snow and to the fluctuations of population by seasons. Grassy Gap and Pond Creek have and the most significant number of serious violations and "spills" of any of the WWTPs in the area over recent years (at times almost monthly). NC0032115, NC0022900, NC0042358, NC0022730, N00032123, NC0035149, NC0058891, Town of Banner Elk Carolina Water Service - Sugar Mountain Adams Apple Condominiums, Banner Elk Beech Mountain, Town of - Grassy Gap WWTP Carolina Water Service - Hound Ears WWTP Seven Devils Resort, (Seven Devils), Boone Hawknest Utilities - Valley Creek WWTP, - 2 - 3) 4/NC0058891, Seven Devils Resort. The problems here are some shared with Hawksnest. Both received permitted increases in output in 1996 when they were last repermitted. The previous permit was for 0.02 MGD and was in- creased to 0.12 MGD (+600%). An anticipated number of residential units in the vicinity of this plant has not occurred. The Town of Seven Devils has developed a Land Use Management Plan and adopted new regulations which provide for less density and at the same time turned down a plan for a very large development. The owner has withdrawn the tanks brought on site for expansion and has no plans to do so. You have in your records a petition regarding the previous increased capacity which was opposed by many residents of Seven Devils and Foscoe who have found problems with the current facility and particularly any expansion. More recently you have a latter from the Seven Devils Resort Club (December, 2000) in reference to this. This is an old plant, not fenced, over: which many have serious concerns looking to the future. They question its MGD permited capacity and its viability. 4) #6NC0058891, Hawksnest Utilities - Valley Creek. The increase in permit- ed capacity in 1996 from 0.01 to 0.90 MGD also seemed excessive. The ski slope was closed last winter so the volume of useage was greatly curtailed. There are no plans in this area at this time for any large residential or other construction which would warrant a 0.90 MGD capa- city (which is a large as the biggest plant serving the Town of Beech Mountain). In the past this plant has had spills for some reasons similar to Beech Mountain and the provious Basinwide study, in particular cited concerns of what the golf course and ski area were doing to Valley Creek. The most recent Watauga River Basinwide study we believe confirms our assessment that the Watauga River, and especially in these recent and continuing drought years, is not a viable source for increased discharge from plant which are too many, too old, unreliable and subject to inflow and infiltration. We request in the repermitting process that the Environmental Management Commission move very carefully and deliberately in their review making all the considerations a part of the process necessary before grant- ing the permits with which we are concerned. As we may be of any assistance or help please do advise us. We appreciate your attention to our submission. Sincerely, ll• Richard A. DeMott Chair Watauga River Conservation Partners Mau 08 02 02:40p Hawksnest 828-963-6564 p.2 Facility Name Owner Name Street Address City State ZIP Code Telephone Number Fax Number e-mail Address NPDES PERMIT APPLICATION - SHORT FORM D To be filed only by dischargers of 100% domestic wastewater (<1 MGD flow) N. C. Department of Environment and Natural Resources Division of Water Quality / NPDES Unit 1617 Mali Service Center, Raleigh, NC 27699-1617 North Carolina NPDES Permit Number C NCOOS $1 I (if known) Please print or type 1. Mailing address of app��li//can//t/permittee: %lei e e�k- cvc'.J j c .J ► ��� v' JC S/veS". Ova (V81 ?3-' k ) %,.;-(ose.,? ko kk —t a try-,nQ._ A k 2. Location of facility producing discharge: Name (If different from above) Facility Contact Person Street Address or State Road City / Zip Code County Telephone Number 3. Reason for application: Expansion/Modification Renewal 5 J, ki c v- I s /._i a & DV; (8 ) 94 -ash/ Existing Unpermitted Discharge Ncw Facility * Please provide a description of the expansion/modification: 4. Description of the existing treatment facilities (list all installed components with capacities): d M r Page 1 of 2 Version 6V99 May 08 02 02:40p Hawksnest 828-983-6564 p.3 NPDES PERMIT APPLICATION - SHORT FORM D To be filed only by dischargers of 100% domestic wastewater (<1 MGD flow) 5. Description of wastewater (check all that apply): Type of Facility_,_Generating Wastewater Industrial Number of Employees Commercial Number of Employees Residential ii' Number of Homes School Number of Students/Staff Other —6z t4 Describe the source(s) of wastewater (example: subdivision, mobile home park, etc.): C.Y f /e'7l.t�,:�/'►OIL: c } c% Ce., (1 A ,.]JC. r fro cY� _ 6. Number of separate wastewater discharge pipes (wastewater outfalls): 7. If the facility has multiple discharge outfalls, record the source(s) of wastewater for each outfall: 8. Name of receiving streams) (Provide a map showing the exact location of each outfall): ,A,11c C./ZcGk_- I certify that I am familiar with the information contained in the application and that to the best of my knowledge and belief such information is true, complete, and accurate. A,00.4 0 --TTO Printed Name of -Person Signing Titl Signature of Applicant Date Signed North Carolina General Statute 143-215.6(b)12) provides that Any person who knowingly makes any false statement representation, or certification in any application, record, report, plan, or other document files or required to be maintained under Article 21 or regulations of the Environmental Management Commission implementing that Article, or who falsifies, tampers with, or knowingly renders Inaccurate any recording or monitoring device or method required to be operated or maintained under Article 21 or regulations of the Ern/ironmen01 Management Commission implementing that Article, shall be guilty of a rnisdemeanor punishable by erne not to exceed $16,000. or by imprisonment not to exceed six months, or by both. 118 U.S.C. Section 1001 provides a punishment by a fine of not more than $10,000 or imprisonment not more than 5 years, or both for a similar offense.) Page 3 of 2 version 6/99 '04/03/2002 10:15 8289637247 FOSCOE REALTY & DEV. PAGE 01/02 NOTES FAX FOSCOE REALTY & DEVELOPMENT 151 Mr. Bish Blvd. BOONS, NC 28607 828-963-7600 OR 800-333-7601 FAX: 828-963-7247 Date: 413i62 _. From: Re: UJ 1-ierz- , vy'o,n,d jivL-4 143/ If you have trouble receiving this fax please call immediately. Number of pages including cover sheet 04/03/2002 10:15 8289637247 FOSCQE REALTY & DEV. PAGE 02/02 CERTIFIED MAIL 7000 1530 0002 2100 Z455 RETURN RECEIPT REOUESTED Mark Harrill Seven Devils WVVTP 151 Mr Bish Blvd Boone, NC 28607 March 18, 2002 'vfichael F. Easley Governor William 0. Ross Jr., Secretary Department of Environment and Natural Resources Gregory 1. Thorpe, Ph.D., Acting Director Division of Water Quality Subject: Final Notice of Civil Penalty Assessment Seven Devls.WWTP, formerly know as Hawksnest Utilities WWTP NPDES Permit Number NC0058891 File Number LV 00-93 Watauga County Deaf' Mr. Harrill: On December 8, 2000, the Division of Water Quality assessed a civil penalty of $1,068.00, including $68.00 in enforcement costs, against Seven Devils W'V1'P, formerly know as Hawksnest Utilitiies WWI'P in violations of G.S. 143-215.1(a)(6) and the subject permit, by discharging waste into the waters of the State in violation of permit conditions. The assessment was sent via certified mail to Seven Devils WWTP, formerly know as Hawksnest Utilities WWTP and was accompanied by a list of available options that included: Payment of the penalty, request for remission of the penalty, or request for an administrative hearing. If more than thirty (30) days has since elapsed after the receipt of a civil penalty assessment and there has been no action to exercise one of the three options cited above, then North Carolina General Statute 143-215.6A(g) allows the Secretary of the Department of Environment and Natural Resources to request the Attorney General to institute a civil action in Superior Court to recover' the amount of the assessment. Records from our Division reveal that the assessment document was delivered on December 11, 2000. To date, no response on behalf of the subject facility for the above enforcement case gas been received. This letter serves final notice that the Division will proceed to refer your case to the North Carolina Attorney General's Office for collection through the courts unless payment in the amount of $1,068.00 is received by April 18, 2002 Should you have any questions, please contact Marcia Liebe: at 919/733-5083, extension 530. cc: WSRO Region WQ Supervisor Enforcement File Central Fite 1617 Mail Service Center, Raleigh, N. C., 27699-1617 An Equal Opportunity Affirmative Action Employer Si y, hannon Langley, Su PSC/EU Telephone 919-733-5083 Fax 919-733-9612 50% recycled/10% post -consumer paper Residual Chlorine and Ammonia Toxicity Assessment Residual Chlorine s7Q10 (CFS) DESIGN FLOW (MGD) DESIGN FLOW (CFS) STREAM STD (UG/L) UPS BACKGROUND LEVEL IWC (%) Allowable Concentration (ug Fecal Limit Ratio of 19.4 :1 0.3 0.01 0.0155 17.0 0 4.91 346.03 Ammonia as NH3 (summer) s7Q10 (CFS) DESIGN FLOW (MGD) DESIGN FLOW (CFS) STREAM STD (MG/L) UPS BACKGROUND LEVEL IWC (%) Allowable Concentration (rr Ammonia as NH3 (winter) w7010 (CFS) 200/100mI DESIGN FLOW (MGD) DESIGN FLOW (CFS) STREAM STD (MG/L) UPS BACKGROUND LEVEL IWC (%) Allowable Concentration (rr 0.3 0.01 0.0155 1.0 0.22 4.91 16.10 0.44 0.01 0.0155 1.8 0.22 3.40 46.65 4/1/02 CRJ NC0058891 Residual Chlorine and Ammonia Toxicity Assessment Residual Chlorine s7Q10 (CFS) DESIGN FLOW (MGD) DESIGN FLOW (CFS) STREAM STD (UG/L) UPS BACKGROUND LEVEL IWC (%) Allowable Concentration (ug Fecal Limit Ratio of 0.2 :1 0.3 0.9 1.395 17.0 0 82.30 20.66 Ammonia as NH3 (summer) s7Q10 (CFS) DESIGN FLOW (MGD) DESIGN FLOW (CFS) STREAM STD (MG/L) UPS BACKGROUND LEVEL IWC (%) Allowable Concentration (rr Ammonia as NH3 (winter) w7Q10 (CFS) 200/100ml DESIGN FLOW (MGD) DESIGN FLOW (CFS) STREAM STD (MG/L) UPS BACKGROUND LEVEL IWC (%) Allowable Concentration (rr 0.3 0.9 1.395 1.0 0.22 82.30 1.17 0.44 0.9 1.395 1.8 0.22 76.02 2.30 4/1/02 CRJ NC0058891