HomeMy WebLinkAboutWQ0012694_Final Permit_20240209ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
RICHARD E. ROGERS, JR.
Director
SUSAN MORRIS — PRESIDENT
HIGH COUNTRY RESORT HOLDINGS, LLC
201 WOODLAND LAKE DRIVE
MAITLAND, FLORIDA 32751
Dear Ms. Morris,
NORTH CAROLINA
Environmental Quality
February 9, 2024
Subject: Permit No. WQ0012694
High Country Resort
Holdings WWTP
Wastewater Irrigation System
Watauga County
In response to your permit renewal request received on August 1, 2023, and subsequent additional
information received on November 13, 2023, we are forwarding herewith Permit No. WQ0012694 dated
February 9, 2024, to High Country Resort Holdings, LLC for the continued operation of the subject
wastewater treatment and irrigation facilities.
This permit is effective from the date of issuance through January 31, 2032, shall replace Permit
No. WQ0012694 issued on June 29, 2022, and is subject to the conditions and limitations therein. The
Permittee shall submit a renewal application no later than August 4, 2031.
Please pay attention to the monitoring requirements listed in Attachments A and B for they may
differ from the previous permit issuance. Failure to establish an adequate system for collecting and
maintaining the required operational information may result in future non-compliance.
The Division has removed the following permit conditions since the last permit issuance dated
June 29, 2022:
➢ Old Condition L2 — The Division has removed this condition because the Permittee has
installed the emergency generator.
➢ Old Condition IL10 — The Division has removed this condition since the Permittee owns all
land within compliance boundary.
The following permit conditions are new or modified since the last permit issuance dated June
29, 2022:
➢ Condition L3 — This condition requires the Permittee to submit a site map within 90 days of
the permit effective date.
➢ Condition II1.16 —The Division has added this condition since there is an emergency generator
installed.
D � North Carolina Department of Environmental Quality i Division of Water Resources
512 North Salisbury Street 11617 Mail Service Center I Raleigh, North Carolina 27699-1617
NOR�HCAROLINA
'.'roMMm 0; /I 919,707,9000
Ms. Susan Morns
February 9, 2024
Page 2 of 2
This permit can be contested as provided in Chapter 150B of the North Carolina General Statutes
by filing a Petition for a Contested Case Hearing (Petition) with the North Carolina Office of Administrative
Hearings (OAH) within 30 calendar days. Requirements for filing a Petition are set forth in Chapter 150B
of the North Carolina General Statutes and Title 26 of the North Carolina Administrative Code. Those
interested in filing may access additional information regarding the requirements for filing a Petition and
Petition forms at the OAH website or by calling the OAH Clerk's Office at (919) 431-3000. A parry filing
a Petition shall serve a copy of the Petition on the Department of Environmental Quality's Office of General
Counsel at 1601 Mail Service Center, Raleigh, NC 27699-1601. If the parry filing the Petition is not the
Permittee, then the party shall also serve the Permittee pursuant to G.S. 15013-23(a).
If you need additional information concerning this permit, please contact Elton Luong at (919) 707-
3661 or elton.luong&a,deq.nc.gov.
Sincerely,
�
Do�cuyySignedby-
Richard E. Rogers, Jr., Director
Division of Water Resources
cc: Watauga County Health Department (Electronic Copy)
Winston-Salem Regional Office, Water Quality Regional Operations Section (Electronic Copy)
Laserfiche File (Electronic Copy)
Digital Permit Archive (Electronic Copy)
NORTH CAROLINA
ENVIRONMENTAL MANAGEMENT COMMISSION
DEPARTMENT OF ENVIRONMENTAL QUALITY
RALEIGH
WASTEWATER IRRIGATION SYSTEM PERMIT
Pursuant to the provisions of Article 21 of Chapter 143, General Statutes of North Carolina as amended,
and other applicable Laws, Rules, and Regulations
PERMISSION IS HEREBY GRANTED TO
High Country Resort Holdings, LLC
Watauga County
FOR THE
continued operation of a 15,000 gallon per day (GPD) wastewater treatment and irrigation facility
consisting of:
a bar screen; a 6,000 gallon aerated equalization tank with two 30 gallon per minute (GPM) pumps and
served by a blower; a 15,000 gallon aeration basin; a 2,500 gallon clarifier; a 1,800 gallon aerated sludge
holding tank with decant arm; a tablet chlorinator; a 1,000 gallon chlorine contact tank; a flow meter; a
22.50 weir; an emergency power outlet for connection to emergency generator; a 400,000 gallon steel
storage tank; a Perc-Rite control/filtration system with two 56 GPM pumps and audible/visual high-water
alarms; a 9.0 acre drip irrigation area with six zones; and all associated piping, valves, controls, and
appurtenances
to serve the High Country Resort Holdings WWTP, with no discharge of wastes to surface waters, pursuant
to the application received on August 1, 2023, subsequent additional information received on November
13, 2023, and in conformity with the Division -approved plans and specifications considered a part of this
permit.
This permit is effective from the date of issuance through January 31, 2032, shall replace Permit No.
WQ0012694 issued on June 29, 2022, and is subject to the following conditions and limitations:
I. SCHEDULES
1. The Permittee shall notify the Winston-Salem Regional Office, telephone number (336) 776-9800, at
least two business days in advance of initial operation of the repaired and/or reactivated facilities so
that the Division can conduct a startup inspection. [15A NCAC 02T .0108(b)(1)(B)]
2. Prior to the operation of the repaired and/or reactivated facilities, the Permittee shall submit a final
Operation and Maintenance Plan. The Permittee shall submit the final Operation and Maintenance Plan
via the Non -Discharge online portal. [15A NCAC 02T .0108(b)(1)(B), 02T .0507(a)1
WQ0012694 Version 4.0 Shell Version 230725 Page 1 of 9
3. Within 90 days of the permit effective date, the Permittee shall submit a site map that shall include:
a. Legend, north arrow, and scale.
b. Topographic contour intervals not exceeding 10 feet or 25 percent of total site relief.
c. All habitable residences or places of assembly within 500 feet of the irrigation area.
d. Location of all wells, streams (ephemeral, intermittent, and perennial), springs, lakes, ponds,
ditches, and other surface drainage features within 500 feet of the irrigation area.
e. Location and identification of each monitoring well.
f. Latitude and longitude coordinates of each monitoring well to the sixth decimal degree.
g. Location and identification of all wastewater treatment and storage units.
h. The perimeter of all irrigation areas with field names as listed in Attachment B.
i. Location and ownership of property boundaries within 500 feet of the irrigation area, including
rights -of -way and easements.
j. Latitude and longitude coordinates of the established horizontal control monument to the sixth
decimal degree.
k. Elevation of the top of the well casing (i.e., measuring point) relative to a common datum.
1. Depth of water below the measuring point.
in. Delineation of the compliance and review boundaries.
n. Distance measurements verifying all setbacks.
o. Stormwater drainage controls.
p. 100-year floodplain (if present).
q. The date the map is prepared or revised.
A Professional Surveyor shall provide boundaries and physical features not under the purview of other
licensed professionals. A licensed or certified professional shall install the control monuments in such
a manner and composed of such materials to protect the monuments from damage. The Permittee shall
submit the Site Map via the Non -Discharge online portal. [15A NCAC 02C .0105(e)(5), 02T
.0108(b)(1)(B), 02T .0504(d)1
4. If the permitted facilities change ownership or the Permittee changes its name, the Permittee shall
submit a permit modification request on Division -approved forms within 90 days of the change of
ownership. The Permittee shall comply with all terms and conditions of this permit until the Division
transfers the permit to the successor -owner. [G.S. 143-215.1(d3)]
5. The Permittee shall request renewal of this permit on Division -approved forms no later than August 4,
2031. [15A NCAC 02T .0105(b), 02T .01091
II. PERFORMANCE STANDARDS
The Permittee shall operate and maintain the subject wastewater treatment and irrigation facilities so
there is no discharge to surface waters, nor any contravention of groundwater or surface water
standards. In the event the facilities do not perform as designed, including the creation of nuisance
conditions due to improper operation and maintenance, or failure of the irrigation areas to assimilate
the effluent, the Permittee shall take immediate corrective actions, including Division -required actions,
such as the construction of additional or replacement wastewater treatment or disposal facilities. [ 15A
NCAC 02T .0108(b)(1)(A)1
2. This permit shall not relieve the Permittee of its responsibility for contravention of groundwater or
surface water standards resulting from the operation of this facility. [15A NCAC 02T .0108(b)(1)(A)]
Effluent quality shall not exceed the limitations specified in Attachment A. [15A NCAC 02T
.0108(b)(1)(A)1
4. The Permittee shall not irrigate effluent in exceedance of the hydraulic and agronomic rates specified
in Attachment B. [15A NCAC 02T .0 1 08(b)(1)(A)]
WQ0012694 Version 4.0 Shell Version 230725 Page 2 of 9
5. The attached Operational Agreement is a condition of this permit. Noncompliance with the terms of
the Operational Agreement shall subject the Permittee to all measures pursuant to G.S. 143-215.6A,
G.S. 143-215.6B, and G.S. 143-215.6C for violation of or failure to act pursuant to the terms and
conditions of this permit. [ 15A NCAC 02T .0115]
6. For wastewater irrigation fields originally permitted on or after December 30, 1983, the Division has
established the compliance boundary 250 feet from the irrigation area boundary or 50 feet within the
property boundary, whichever is closest to the irrigation area boundary. Any exceedance of
groundwater standards at or beyond the compliance boundary shall require the Permittee to take
corrective action. The Division shall note any Division -approved relocation of the compliance
boundary in Attachment B. The Division shall consider multiple contiguous properties under common
ownership and permitted for use as a disposal system as a single property regarding the determination
of a compliance boundary. [15A NCAC 02L .0106(e), 02L .0107(b), 02L .0107(c), 02L .0107(f), 02T
.0105 h
7. The Division has established the review boundary midway between the compliance boundary and the
irrigation area boundary. Any exceedance of groundwater standards at or beyond the review boundary
shall require the Permittee to take preventative action. [ 15A NCAC 02L .0106(d), 02L .01081
8. The Permittee shall notify the Division of any sale or transfer of property affecting a compliance
boundary (i.e., parcel subdivision). [15A NCAC 02L .0107(1)]
9. The Permittee or any landowner who owns land within the compliance boundary shall not construct
any water supply wells within the compliance boundary. [ 15A NCAC 02L .0107(i)]
10. The Permittee shall operate and maintain the permitted facilities pursuant to the following setbacks:
a. The Division originally permitted the irrigation sites on December 6, 1996, with an application
received on July 22, 1996. The setbacks for drip irrigation sites originally permitted or modified
with an application received from February 1, 1993, through August 31, 2006, are as follows (all
distances in feet):
i. Each private or public water supply source: 100
ii. Surface waters: 100
In. Groundwater lowering ditches: 25
iv. Surface water diversions (upslope): 10
v. Surface water diversions (downslope): 25
vi. Each well with exception of monitoring wells:
100
vii. Each property line:
501
viii. Top of slope of embankments or cuts of two feet or more in vertical height:
15
ix. Each water line:
10
x. Each swimming pool:
100
xi. Public right of way:
50
xii. Nitrification field:
20
xiii. Each building foundation or basement:
15
' Setbacks to property lines are not applicable when the Permittee, or the entity from which the
Permittee is leasing, owns both parcels separated by the property line.
[ 15A NCAC 02H .0219(i)(5)]
WQ0012694 Version 4.0 Shell Version 230725 Page 3 of 9
b. The Division originally permitted the treatment and storage units on December 6, 1996, with an
application received on July 22, 1996. The setbacks for treatment and storage units originally
permitted or modified with an application received from February 1, 1993, through August 31,
2006, are as follows (all distances in feet):
I.
Each habitable residence or place of assembly under separate ownership:
100,
ii.
Each private or public water supply source:
100
iii.
Surface waters:
50
iv.
Each well with exception of monitoring wells:
100
v.
Each property line:
50 2
vi.
Nitrification field:
20
Habitable residences or places of assembly under separate ownership constructed after the
Division originally permitted or subsequently modified the facilities are exempt from this
setback.
2 Setbacks to property lines are not applicable when the Permittee, or the entity from which the
Permittee is leasing, owns both parcels separated by the property line.
[ 15A NCAC 02H .0219(j)(5)]
III. OPERATION AND MAINTENANCE
1. The Permittee shall operate and maintain the subject facilities as anon -discharge system. [15A NCAC
02T .0101]
2. The Permittee shall maintain an Operation and Maintenance Plan, which shall include:
a. A description of the operation of the system in sufficient detail to show what operations are
necessary for the system to function and who shall conduct the operations.
b. A description of the anticipated maintenance of the system.
c. Provisions for safety measures, including restriction of access to the site and equipment.
d. Spill control provisions that include response to upsets and bypasses, including control,
containment, and remediation; and contact information for personnel, emergency responders, and
regulatory agencies.
[ 15A NCAC 02T .0507(a)]
3. Upon the Water Pollution Control System Operators Certification Commission's (WPCSOCC)
classification of the subject non -discharge facilities, the Permittee shall designate and employ a certified
Operator in Responsible Charge (ORC), and one or more certified operators as Back-up ORCs. The
ORC or its Back-up shall operate and visit the facilities as required pursuant to 15A NCAC 08G .0204
and 08G .0205. [15A NCAC 02T .01171
4. The Permittee shall maintain a year-round vegetative cover on the irrigation area such that crop health
is optimal and allows even effluent distribution and inspection of the irrigation system. [15A NCAC
02T .0507(b)1
5. The Permittee shall take measures to prevent effluent ponding in or runoff from the irrigation area.
[ 15A NCAC 02T .0507(c)]
6. The Permittee shall not irrigate treated effluent during inclement weather or when the soil is in a
condition that will cause ponding or runoff. [ 15A NCAC 02T .0505(x)1
7. The Permittee shall test and calibrate the irrigation equipment once per permit cycle. [ 15A NCAC 02T
.0507 d
WQ0012694 Version 4.0 Shell Version 230725 Page 4 of 9
8. The Permittee shall only irrigate treated effluent from the High Country Resort Holdings WWTP onto
the sites listed in Attachment B. [15A NCAC 02T .0501]
9. The Permittee shall not allow vehicles or heavy machinery on the irrigation area, except during
equipment installation or maintenance activities. [ 15A NCAC 02T .0507(e)]
10. The Permittee shall prohibit public access to the wastewater treatment, storage, and irrigation facilities.
[ 15A NCAC 02T .0505(g)]
11. The Permittee shall dispose of or utilize generated residuals in a Division -approved manner. [15A
NCAC 02T .0508, 02T .1101].
12. The Permittee shall not divert or bypass untreated or partially treated wastewater from the subject
facilities. [15A NCAC 02T .0505(i)]
13. The Permittee shall establish and maintain a protective vegetative cover on all berms, pipe runs, erosion
control areas, surface water diversions, and earthen embankments (i.e., the outside toe of the
embankment to the maximum allowable temporary storage elevation on the inside of the embankment).
The Permittee shall remove all trees, shrubs, and other woody vegetation from earthen dikes and
embankments. The Permittee shall keep all earthen embankments mowed or otherwise controlled and
accessible. [ 15A NCAC 02T .0507(g)1
14. The Permittee shall test and calibrate metering equipment annually. [15A NCAC 02T .0507(d)]
15. The Permittee shall provide and maintain onsi
capable of powering all essential treatment units
power supply, the Permittee shall test it weekly.
IV. MONITORING AND REPORTING
e an automatically activated standby power source
If the Permittee employs a generator as an alternate
[15A NCAC 02T .0505(1)]
1. The Permittee shall conduct and report any Division -required monitoring, including the monitoring of
groundwater, surface water or wetlands, waste, wastewater, residuals, soil, treatment processes, lagoon
or storage ponds, and plant tissue, if necessary to evaluate this facility's impact on groundwater and
surface water. [ 15A NCAC 02T .0108(c)1
2. A Division -certified laboratory shall conduct all analyses for the required parameters specified in
Attachment A. Parameters measured on -site with in -line metering equipment are exempt from a
Division -certified laboratory analysis. [15A NCAC 02H .0805]
3. The Permittee shall continuously monitor flow through the treatment facility and report daily flow
values on Form NDMR. Facilities with a permitted flow of less than 10,000 GPD may estimate its
flow from water usage records provided the water source has a metering device. [15A NCAC 02T
.0105 k , 02T .0108(c)1
4. The Permittee shall monitor the treated effluent at the frequencies and locations for the parameters
specified in Attachment A. [15A NCAC 02T .0105(k), 02T .0108(c)]
WQ0012694 Version 4.0 Shell Version 230725 Page 5 of 9
5. The Permittee shall maintain records tracking the amount of effluent irrigated, which shall include the
following information for each irrigation site listed in Attachment B:
a. Date of irrigation.
b. Volume of effluent irrigated.
c. Site irrigated.
d. Length of site irrigation time.
e. Continuous weekly, monthly, and year-to-date hydraulic (inches/acre) loadings.
£ Continuous monthly and year-to-date loadings for any non -hydraulic parameter specifically
limited in Attachment B.
g. Weather conditions.
h. Maintenance of cover crops.
[ 15A NCAC 02T .0108(c)1
6. On or before the last day of the month following the previous month's sampling, the Permittee shall
submit monitoring data (as specified in Conditions IV.3 and IVA) on Form NDMR for each PPI and
operation and disposal records (as specified in Condition IV.S) on Form NDAR-1 for every site in
Attachment B. If no activities occurred during the monitoring month, the Permittee shall still submit
monitoring reports documenting the absence of the activity. The Permittee shall submit the reports via
the Non -Discharge monitoring report portal. [15A NCAC 02T .0105(1)]
7. The Permittee shall maintain records of all residuals removed from this facility. The Permittee shall
maintain these records for eight years and shall make them available to the Division upon request.
These records shall include:
a. Name of the residuals hauler.
b. Non -Discharge permit number authorizing the residuals disposal, or a letter from a municipality
agreeing to accept the residuals.
c. Residuals hauling date.
d. Volume of residuals removed.
[ 15A NCAC 02T .0508(b)]
8. The Permittee shall keep a log of all maintenance done at this facility. The Permittee shall maintain
this log for eight years and shall make it available to the Division upon request. This log shall include:
a. Date of flow measurement device calibration.
b. Date of irrigation equipment calibration.
c. Visual observations of the plant and plant site.
d. Record of preventative maintenance (e.g., changing of equipment, adjustments, testing,
inspections, cleanings, etc.).
e. Date and results of the alternate power supply testing.
[ 15A NCAC 02T .0507(h)]
9. The Permittee shall conduct an annual representative soil analysis (i.e., Standard Soil Fertility Analysis)
on each irrigation site listed in Attachment B. The Permittee shall maintain these results at the facility
for eight years and shall make them available to the Division upon request. Each Standard Soil Fertility
Analysis shall include the following parameters:
Acidity
Exchangeable Sodium Percentage
Phosphorus
Base Saturation (by calculation)
Magnesium
Potassium
Calcium
Manganese
Sodium
Cation Exchange Capacity
Percent Humic Matter
Zinc
Copper
pH
[15A NCAC 02T .0108(c)1
WQ0012694 Version 4.0 Shell Version 230725 Page 6 of 9
10. Noncompliance Notification:
The Permittee shall report to the Winston-Salem Regional Office, telephone number (336) 776-9800,
within 24 hours of first knowledge of the following:
a. Treatment of wastes abnormal in quantity or characteristic, including the known passage of a
hazardous substance.
b. Any process unit failure (e.g., mechanical, electrical, structural, etc.) that makes the facility
incapable of adequate wastewater treatment.
c. Any facility failure resulting in a discharge to surface waters.
d. Any time self -monitoring indicates the facility has gone out of compliance with its permit
limitations.
e. Ponding in or runoff from the irrigation sites.
Emergencies requiring reporting outside normal business hours shall call the Division's Emergency
Response personnel at the telephone number (800) 858-0368. All noncompliance notifications shall
file a written report to the Winston-Salem Regional Office within five days of first knowledge of the
occurrence, and this report shall outline the actions proposed or taken to ensure the problem does not
recur. [15A NCAC 02T .0108(b)(1)(A)1
V. INSPECTIONS
1. The Permittee shall perform inspections and maintenance to ensure proper operation of the wastewater
treatment and irrigation facilities. [15A NCAC 02T .0507(i)1
2. The Permittee shall inspect the wastewater treatment and irrigation facilities to prevent malfunctions,
facility deterioration, and operator errors that may result in discharges of wastes to the environment,
threats to human health, or public nuisances. The Permittee shall maintain an inspection log that
includes the date and time of inspection, observations made, and maintenance, repairs, or corrective
actions taken. The Permittee shall maintain this inspection log for eight years from the date of the
inspection and shall make this log available to the Division upon request. [ 15A NCAC 02T .0507(h),
02T .0507(i)1
Division -authorized representatives may, upon presentation of credentials, enter and inspect any
property, premises, or place related to the permitted wastewater treatment and irrigation facilities at any
reasonable time for determining compliance with this permit. Division -authorized representatives may
inspect or copy records maintained under the terms and conditions of this permit and may collect
influent, treatment process water, effluent, residual, soil, plant tissue, groundwater, or surface water
samples. [G.S. 143-215.3(a)(2)1
WQ0012694 Version 4.0 Shell Version 230725 Page 7 of 9
Vl. GENERAL
1. The Permittee's failure to comply with this permit's conditions and limitations may subject the
Permittee to a Division enforcement action. [G.S. 143-215.6A, 143-215.6B, 143-215.6C]
2. This permit is effective only for the nature and volume of wastes described in the permit application
and Division -approved plans and specifications. [G.S. 143-215.1(d)1
3. There are no variances to administrative codes or general statutes governing the construction or
operation of the permitted facilities unless the Permittee specifically requested a variance in the
application and the Division approved the variance as noted in this permit's facility description. [15A
NCAC 02T .0105(b)]
4. This permit does not exempt the Permittee from complying with all statutes, rules, regulations, or
ordinances that other jurisdictional government agencies (e.g., local, state, and federal) may require.
[15A NCAC 02T .0 1 08(b)(1)(A)]
5. The Permittee shall retain this permit and the Division -approved plans and specifications for the life of
the permitted facilities. [15A NCAC 02T .0105(o), 02T .0116(d)]
6. The Permittee shall comply with all permit conditions and requirements until the proper closure of the
permitted facilities, or until another appropriate authority permits the facilities. [15A NCAC 02T
.0105 ]
7. This permit is subject to revocation or modification upon 60-day notice from the Division Director in
whole or part for:
a. Violation of any terms or conditions of this permit or 15A NCAC 02T.
b. Obtaining a permit by misrepresentation or failure to disclose all relevant facts.
c. The Permittee's refusal to allow authorized Department employees upon presentation of
credentials:
I. To enter the Permittee's premises where a system is located or where the Permittee keeps any
Division -required records under the terms and conditions of this permit.
ii. To have access to any permit -required documents and records.
iii. To inspect any monitoring equipment or method as required in this permit.
iv. To sample any pollutants.
d. The Permittee's failure to pay the annual fee for administering and compliance monitoring.
e. A Division determination that the conditions of this permit conflict with the North Carolina
Administrative Code or General Statutes.
[ 15A NCAC 02T .01101
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8. Unless the Division determines that the Permittee needs a permit modification for the construction of
facilities to resolve non-compliance with any environmental statute or rule, or the Division Director
grants a variance, expansion of the permitted facilities shall not occur if any of the following apply:
a. The Permittee or any parent, subsidiary, or other affiliate of the Permittee has been convicted of
environmental crimes under G.S. 143-215.6B or under Federal law that would otherwise be
prosecuted under G.S. 143-215.6B, and the Permittee or any parent, subsidiary, or other affiliate of
the Permittee has abandoned or exhausted all appeals of this conviction.
b. The Permittee or any parent, subsidiary, or other affiliate of the Permittee has previously abandoned
a wastewater treatment facility without properly closing the facility in accordance with its permit
or 15A NCAC 02T.
c. The Permittee or any parent, subsidiary, or other affiliate of the Permittee has not paid a civil
penalty, and the Permittee or any parent, subsidiary, or other affiliate of the Permittee has
abandoned or exhausted all appeals of this penalty.
d. The Permittee or any parent, subsidiary, or other affiliate of the Permittee is currently not compliant
with any compliance schedule in a permit, settlement agreement, or order.
e. The Permittee or any parent, subsidiary, or other affiliate of the Permittee has not paid an annual
fee pursuant to 15A NCAC 02T .0105(e)(2).
[ 15A NCAC 02T .0120(b), 02T .0120(d)]
9. Unless the Division Director grants a variance, the Division shall not renew this permit if the Permittee
or any affiliation has not paid an annual fee pursuant to 15A NCAC 02T .0I05(e)(2). [15A NCAC 02T
.0120 c , 02T .0120(d)]
10. The Permittee shall pay an annual fee for each year of the term of this permit pursuant to the schedule
in G.S. 143-215.31)(a). The Permittee shall continue to pay annual fees for any facility operating on
an expired permit that the Division has not rescinded or revoked. [ 15A NCAC 02T .0105(e)(2)]
Permit issued this the 9' day of February 2024
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
WDocuSigned by::
atA,, r d %4o2n
Richard E. Rogers, Jr., Director
Division of Water Resources
By Authority of the Environmental Management Commission
Permit Number WQ0012694
WQ0012694 Version 4.0 Shell Version 230725 Page 9 of 9
ATTACHMENT A — LIMITATIONS AND MONITORING REQUIREMENTS
High Country Resort Holdings, LLC
PPI 001— WWTP Effluent
Certification Date: February 9, 2024
Permit Number: WQ0012694 Version: 4.0
EFFLUENT CHARACTERISTICS
EFFLUENT LIMITS
MONITORING REQUIREMENTS
PCS
Code
Parameter Description
Units of
Measure
Monthly
Average
Monthly
Geometric Mean
Daily Minimum
Daily Maximum
Measurement
Frequency
Sample
Type
00310
BOD, 5-Day (20 °C)
mg/L
Monthly
Grab
50060
Chlorine, Total Residual
mg/L
5 x Week
Grab
31616
Coliform, Fecal MF, M-FC Broth, 44.5 °C
#/100 mL
Monthly
Grab
50050
Flow, in Conduit or thru Treatment Plant
GPD
15,000
Continuous
Recorder
00610
Nitrogen, Ammonia Total (as N)
mg/L
Monthly
Grab
00625
Nitrogen, Kjeldahl, Total (as N)
mg/L
Monthly
Grab
00620
Nitrogen, Nitrate Total (as N)
mg/L
Monthly
Grab
00600
Nitrogen, Total (as N)
mg/L
Monthly
Grab
00400
pH
su
5 x Week
Grab
00665
Phosphorus, Total (as P)
mg/L
Monthly
Grab
00530
Solids, Total Suspended
mg/L
Monthly
Grab
WQ0012694 Version 4.1 Attachment A Page 1 of 1
THIS PAGE BLANK
ATTACHMENT B — APPROVED LAND APPLICATION SITES AND LIMITATIONS
High Country Resort Holdings, LLC
Certification Date: February 9, 2024
Permit Number: WQ0012694 Version: 4.0
IRRIGATION AREA INFORMATION
APPLICATION LIMITATIONS
Field
Ow
Parcel No.
County
Latitude
Longitude
Net
Dominant
Parameter
Hourly
Yearly
Units
Acreage
Soil Series
Rate
Max
1
High Country Resort
2849725330000
Watauga
36.175951°
-81.544587'
1.5
ChF— Chestnut—
01284 —Non-Discharge Application Rate
0.2
26
inches
Holdings, LLC
Ashe Complex
2
High Country Resort
2849725330000
Watauga
36.175591'
-81.545928'
1.5
ChF— Chestnut—
01284 — Non -Discharge Application Rate
0.2
26
inches
Holdings, LLC
Ashe Complex
3
High Country Resort
2849725330000
Watauga
36.175111'
-81.546979'
1.5
ChF— Chestnut—
01284 — Non -Discharge Application Rate
0.2
26
inches
Holdings, LLC
Ashe Complex
4
High Country Resort
2849725330000
Watauga
36.174427'
-81.547999'
1.5
ChF— Chestnut—
01284 — Non -Discharge Application Rate
0.2
26
inches
Holdings, LLC
Ashe Complex
5
High Country Resort
2849725330000
Watauga
36.173664°
-81.5487180
1.5
ChF— Chestnut—
01284 — Non -Discharge Application Rate
0.2
26
inches
Holdings, LLC
Ashe Complex
6
High Country Resort
2849725330000
Watauga
36.174938°
-81.545563°
1.5
ChF— Chestnut—
01284 — Non -Discharge Application Rate
0.2
26
inches
Holdings, LLC
Ashe Complex
9.0
WQ0012694 Version 4.0 Attachment B Page 1 of 1
STATE OF FORTH CAROLD�A
COUNTY OF Watauga Permit No_ WQW126o4
OPERATIONAL AGRELMENT
This AGREUMENT nude pussra:ant to G_S_ 143-215.1 (dl) aid entered into this 9 day of
February 2024 by and between the forth Carolina Environmental Management
Commission, an agency of the State of -North Cafolina_ hereinafter known as the COMMISSION; and
13i;h aintry Re&wt )E€old a non-profit corporation organized
and existing under and by virtaue of the laws of the State of -North Carolina, hereinafter known as the
ASSOCIATION.
V1 101 I.
The ASSOCIATION was formed for the purpose, among others_ of handliva die property-. affairs ;and
business of the din elopment known as Rio County Reson
(bereinafter the Development); of operating maintaining, re -constructing and repairing the common
elements of the lands and irmpanvinents subject to unit o"mership_ inchzding the wastewater collection
system %%�th pumps, wastewater treatment works_ mdor disposal facilities (hereinafter Disposal System);
and of collecting dues and assessment to provide funds for such operatiorL maintenance_ re -construction
and repair_
2. The ASSC)C.'IATION desires_ to constiuct audJor operate a Disposal System to provide sanitary sewage
disposal to serve the Development on said lands_
3. The ASSOCLALTION has applied to the COMMIMION for the issuance of a permit pursuant to G_S. 143-
215.1 to -construct, maintain and. ar operate the Disposal System_
4. The Development was created subject to emit ovmff ship in the dwellings units, other improvements and
lams through filing of a Declaration of Unit Chi mershig (hereinafter Declaration), purnuun to Chapter
47C of the -North Carolina General Statutes.
5. The COMMISSION desires to assure that the Disposal System of the Development is properly
oonstru sled, maintained and operated in accordance with law and permit provisions in order to protect the
quality of the waters of the State and the pubhe baterest therein_
NOW' =REFORE. in consideration of the promises and the benefits to be derived by each of the parties
hereto_ the CONMUSSION and ASSOCIAM-N do hereby mutually agree as follows -
The ASSOCUTION shall constnrct the Disposal System and!crf make any additions or modifications to
the Disposal System in accordance with the permit and plans and specifications hereafter issued and
approved by the COMDrIISSION, and shall thereafter properly operate and maintain Such systems and
facilities in accordance with applicable permit provisions and law.
The ASSOCIATION shall provide in the Declaration and Association Bylaws that the Disposal System
and appurtenances thereto are part of the eanunon elements and shall thereafter be properly maintained
and operated in conformity v6th law and the provisions of the permit for constriction, operation; repair,
and maintezlaarce of the system and facilities. The Declaration and Bylaws shall identify the entire
wastewater treatment_ collection and disposal system as a common element. which will receive the highest
priority for expendinYres by the Association except for Federal, State; and local taxes and issuaance_
FOPM- HOA 01-20 Page 1 of 2
-lye ASSOCUTION shall provide in the Declaration and Association Bylaws that the Disposal System
will be maintained out of the conunon expenses_ In order to asnire that there shall be funds readily
available to repair, maintain, or construct the Disposal System beyond the routine operation and
maintenance expenses, the Declaration and Association Bylaws shall provide that a fired be created out of
the com oom expenses. Such fund shall be separate from the routine maintenance fined. allocated for the
facilit- and shall be part of the yearly budget_
In the event the eanymon expense allocation and separate funds) are not adequate for the constriction,
repair. and maintenance of the Disposal System- the Declaration and As sociation Bylaws shall provide for
special assessments to cover such necessary casts. There shall be no limit an the amount of such
assessments, and the Declaration .wd Bylaws shall be proMed such that special assessnumts can be made
as necessary at my time_
If a wastewater collection system and wastewater treatment andt-or disposal facility prmided by any city,
to%vat village, county. water and sewer authorities -'
or other unit of go�Tmment shall Hereinafter becomeavailable to serve the Development_ the ASSOCUTION shall take such action as is necessary to cause the
existing and future wastewater of the Development to be accepted and discharged into said governmental
system- and shall convey or transfer as much of the Disposal System and such necessary easements as the
goverranental unit my require as condition of accepting the Development's %,�-astewater.
1RecoQryl� that it would be contrary to the public interest and to the public health, safety and welfare for
the ASSOCIATION to enter into voluntary dissolution v ithcmt having made adequate pravisicn for the
continued proper maintenance, repair and operation of its Disposal System the ASSOCIATION shall
provide in the ASSOCIATION Bylaws that the ASSOCIATION shall not enter into voluntary dissolution
without first ha-�ng transferred its said system and facilities to some person, corporation or other entity
acceptable to and approved by the COI MION by the issuance of a peanut_
The ASSOCUTION shall not transfer_ convey, assign or otherwise relinquish or release its responsibility
for the operation and maintenance of its Disposal System until a permit has been reissued to the
ASSOCIAEON's successor.
The agreements se forth in numbered paragraphs 1, 2, 3, 4: 5_ 6_ and 7 above shall be conditions of any
peanut issued by the CONMSSIO-N to the ASSOCIATION for the constniction, maintenance, repair and
operation of the Disposal System -
A cape of this agreement shall be filed at the Register of Deeds in the County(ies) where the Declaration
is filed and in the offices of the Secretary of State of North Carolina xith the Articles of Incorporation of
the Association_
IN VMNESS 'LTIREEOF, this agreement was executed in duplicate originals by the duly- authorized
representative of the parties hereto on the day and year written as indicated by each of the parries named below -.
FOR THE E.VVIRONMEWAL
MANAGEMENT CONMUSSION
DocuSigned by:
Nathaniel D. Thornbau 74,& 4-V
S. Daniel Smith. Director D1043082680C483...
Division of Water Resources
n/24
High Cowry Resort WWTP
Name of ASSOCIATION
(Signature)
Susan Moms- Managing Partner
Print Name and Iitle
j1 tv--
(Date) (Date)
FCRNL- HCA 01-20 Page 2 of 2
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