WQ0015515_Final Permit_20041220

A r, Y Michael F. Easley, Governor
6 William G, Ross Jr., Secretary
7 North Carolina Department of Environment and Natural Resources
i> Alan W_ Klimek, P.E. Director
Division of Water Quality
December 20, 2004
David Kaplan, President
Heavenly Mountain Resort, Inc.
639 Whispering Hills Road, Suite 8121234 Green Grass Ave.
Raleigh, NC 27699
Subject: Permit No. WQ0015515
Heavenly Mountain Resort, Inc.
Bear Pen Village
Wastewater Drip Irrigation
Watauga County
Dear Mr. Kaplan:
In accordance with your request for renewal received August 24, 2004, we are forwarding herewith
Permit No. WQ0015515, elated December 20, 2004, to Heavenly Mountain Resort's Bear Pen Village for the
continued operation of the subject wastewater treatment and surface irrigation facilities.
This permit shall be effective from the date of issuance until November 30, 2009, shall void Permit No.
WQ0015515 issued Tune 28, 1999, and shall be subject to the conditions and limitations as specified therein.
Please pay particular attention to Permit Condition I (1), which requires periodic inspection of the distribution
system, and to the monitoring requirements in this permit. Failure to establish an adequate system for collecting
and maintaining the required operational information will result in future compliance problems.
If any parts, requirements, or limitations contained in this permit are unacceptable, you have the right to
request an adjudicatory hearing upon written request within thirty (30) days following: receipt of this permit. This
request must be in the form of a written petition, conforming to Chapter 150B of the North Carolina General
Statutes, and fled with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27699-
6714. Unless such demands are made this permit shall be final and binding.
6162.
If you need additional information concerning this matter, please
David Goodrich at (919) 715-
.-,Wan W. Klimek, P.E.
cc: Watauga County Health Department
Winston-Salem Regional Office, Aquifer Protection Section
Technical Assistance and Certification Unit
Aquifer Protection Central Files
Permit Files
NorthCarolina
AaAmally
Aquifer Protection Section 1636 Mail Service Center Raleigh, NC 27699-1636 Phone [phone] Customer Service
Internet: http://h2o.enr.state.nc.us 2728 Capital Boulevard Raleigh, NC 27604 Fax [phone]
An Equal Opportunity/Affirmative Acfion Employer— 50% Recyded110% Post Consumer Paper

NORTH CAROLINA
ENVIRONMENTAL MANAGEMENT COMMISSION
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
RALEIGH
SURFACE IRRIGATION SYSTEM PERMIT
In accordance with 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
Heavenly Mountain Resort Bear Pen Village
Watauga County
FOR THE
continued operation of a 20,000 GPD wastewater treatment facility and a 12,480 GPD drip irrigation facility
consisting of a single train package plant with bar screen, an influent H-plume with ultrasonic flowmeter, a 5000
gallon equalization basin with dual 30 GPM 12 foot TDH pumps, a 20,000 gallon aeration chamber with dual 216
SCFM blowers, a 6700 gallon sludge holding chamber, a 47 cfm blower for the EQ basin and sludge holding
chamber, a hopper bottom clarifier, dual six sq. ft. tertiary filters, a tablet chlorinator, a 500,000 gallon storage
tank, an emergency generator connector, available portable generator, power outage alarm telemetry, dual 55
GPM 175 foot TDH irrigation pumps, a "Perc-Rite" control/filtration system, a "Perc-Rite" drip irrigation system
consisting of four separate drip irrigation zones each with twenty-five 440 foot long laterals, totaling 44,000 lineal
footage; and all associated piping, valves, controls, alarms, meters, and appurtenances to serve the Heavenly
Mountain Resort Inc.'s Bear Pen Village, with no discharge of wastes to the surface waters, pursuant to the
application received August 24, 2004, and in conformity with the project plan, specifications, and other
supporting data subsequently filed and approved by the Department of Environment and Natural Resources and
considered a part of this permit.
This permit shall be effective from the date of issuance until November 30, 2009, shall void Permit No.
WQ0015515 issued June 28, 1999, and shall be subject to the following specified conditions and limitations:
I. PERFORMANCE STANDARDS
The drip irrigation facilities shall be effectively maintained and operated at all times so that there is
no discharge to the surface waters, nor any contamination of ground waters which will render them
unsatisfactory for normal use. The discharge laterals and drip units shall be periodically inspected by
the ORC for indications of animal damage, or damage caused by unstable slopes. In the event that the
facilities fail to perform satisfactorily, including the creation of nuisance conditions or failure of the
irrigation area to adequately assimilate the wastewater, the Permittee shall take immediate corrective
actions including those actions that may be required by the Division of Water Quality (Division),
such as the construction of additional or replacement wastewater treatment and disposal facilities.
2. The issuance of this permit shall not relieve the Permittee of the responsibility for damages to surface
or groundwaters resulting from the operation of this facility.

3. The residuals generated from these treatment facilities must be disposed in accordance with General
Statute 143-215.1 and in a manner approved by the Division.
4. Diversion or bypassing of the untreated wastewater from the treatment facilities is prohibited.
5. The following buffers shall be maintained:
a) 100 feet between wetted area and any residence or places of public assembly under separate
ownership,
b) 50 feet between wetted area and property lines,
c) 100 feet between wetted area and wells,
d) 50 feet between wetted area and drainageways or surface water bodies,
e) 50 feet between wetted area and public right of ways,
f) 100 feet between treatment/storage units and any wells, and
g) 50 feet between treatment units and property lines.
Some of the buffers specified above may not have been included in previous permits for this waste
treatment and disposal system. These buffers are not intended to prohibit or prevent modifical!ions,
which are required by the Division, to improve perfonnance of the existing treatment facility. These
buffers do, however, apply to modifications of the treatment and disposal facilities that are for the
purpose of increasing the flow that is tributary to the facility. These buffers do apply to any
expansion or modification of the irrigation areas and apply in instances in which the sale of property
would cause any of the buffers now complied with, for the treatment and disposal facilities, to be
violated. The applicant is advised that any modifications to the existing facilities will require a permit
modification.
6. If not already established, the disposal system shall be connected to a rain or moisture sensor that
shall indicate when wastewater application is not appropriate in accordance with Condition II (4) of
this permit.
II. OPERATION AND MAINTENANCE REQUIREMENTS
1. The facilities shall be properly maintained and operated at all times.
2. Upon classification of the wastewater treatment and irrigation facilities by the Water Pollution
Control System Operators Certification Commission (WPCSOCC), the Permittee shall designate and
employ a certified operator to be in responsible charge (ORC) and one or more certified operator(s) to
be backup ORC(s) of the facilities in accordance with 15A NCAC 8G .0201. The ORC shall visit
the facilities in accordance with 15A NCAC 8G .0204 or as specified in this permit and shall comply
with all other conditions specified in these rules.
3. A suitable year round vegetative cover shall be maintained.
4. Irrigation shall not be performed during inclement weather or when the ground is in a condition that
will cause runoff.
5. Adequate measures shall be taken to prevent wastewater runoff from the irrigation field.
6. The facilities shall be effectively maintained and operated as a non -discharge system to prevent the
discharge of any wastewater resulting from the operation of this facility.
7. The application rate shall not exceed a cumulative loading of 44 inches over any twelve (12) month
period at an instantaneous application rate not to exceed 0.2 inches per hour.
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8. No type of wastewater other than that from Heavenly Mountain Resort Bear Pen Village shall be
irrigated onto the irrigation area.
9. No traffic or equipment shall be allowed on the disposal area except while installation occurs or while
normal maintenance is being performed.
10. Public access to the land application sites shall be controlled during active site use. Such controls
may include the posting of signs showing the activities being conducted at each site.
11. The chlorine tablets used in the disinfection facility shall be of the kind and type specified in the plans
and specifications approved by the Division.
III. MONITOWNG AND REPORTING RE UIREMENTS
1. Any monitoring (including groundwater, surface water, soil or plant tissue analyses) deemed
necessary by the Division to insure surface and ground water protection will be established and an
acceptable sampling reporting schedule shall be followed.
2. Influent flow shall be continuously monitored and daily flow values shall be reported on Form
NDMR.
3. The effluent from the subject facilities shall be monitored by the Permittee at the point prior to
irrigation every March, July, and November for the following parameters:
BOD5 TSS
Fecal Coliform pH
NH3 as N NO2-NO3
TKN Total Phosphorous
4. Adequate records shall be maintained by the Permittee tracking the amount of wastewater disposed.
These records shall include, but are not necessarily limited to, the following information:
a. date of irrigation,
b. volume of wastewater irrigated,
c. field irrigated,
d. length of time field is irrigated,
e. continuous weekly, monthly, and year-to-date hydraulic (inches/acre) loadings for each field,
f. weather conditions, and
g. maintenance of cover crops.
5. Three (3) copies of all monitoring data (as specified in condition III 2 and III 3) on Form NDMR-1
and three (3) copies of all operation and disposal records (as specified in condition III 4) on Form
NDAR-1 shall be submitted monthly on or before the last day of the following month. All
information shall be submitted to the following address:
NCDENR-DWQ
Information Processing Unit
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
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6. Noncompliance Notification:
The Permittee shall report by telephone to the Winston-Salem Regional Office, telephone number
[phone], 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 wastewater treatment facility which results in the treatment 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 directly to
receiving waters without treatment of all or any portion of the influent to such station or facility.
d. Any time that self -monitoring information indicates that the facility has gone out of compliance
with its permit limitations.
Occurrences outside normal business hours may also be reported to the Division's Emergency
Response personnel at telephone number [phone], [phone], or [phone].
Persons reporting such occurrences by telephone shall also file a written report in letter form within
five (5) days following first knowledge of the occurrence. This report must outline the actions taken
or proposed to be taken to ensure that the problem does not recur.
IV. GROUNDWATER REQUIREMENTS
Any groundwater quality monitoring, as deemed necessary by the Division, shall be provided.
2. The COMPLIANCE BOUNDARY for the disposal system is specified by regulations in 15A NCAC
2L, Groundwater Classifications and Standards. The Compliance Boundary for the disposal system
individually permitted on or after December 30, 1983 is established at either 250 feet from the waste
disposal area, or 50 feet within the property boundary, whichever is closer to the waste disposal area.
An exceedance of Groundwater Quality Standards at or beyond the Compliance Boundary is subject
to remediation action according to 15A NCAC 2L .0106(d)(2).
The REVTIW BOUNDARY is established around the disposal system midway between the
Compliance Boundary and the perimeter of the waste disposal area. Any exceedance of standards at
the Review Boundary shall require action in accordance with 15A NCAC 2L .0106(d)(1).
V. INSPECTIONS
1. Adequate inspection, maintenance, and cleaning shall be provided by the Permittee to insure proper
operation of the subject facilities.
2. The Permittee or his designee shall inspect the wastewater treatment and disposal facilities to prevent
malfunctions and deterioration, operator errors and discharges which may cause or lead to the release
of wastes to the environment, a threat to human health, or a nuisance. The Permittee shall keep an
inspection log or summary including at least the date and time of inspection, observations made, and
any maintenance, repairs, or corrective actions taken by the Permittee. This log of inspections shall
be maintained by the Permittee for a period of three years from the date of the inspection and shall be
made available upon request to the Division or other permitting authority.
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3. Any duly authorized officer, employee, or representative of the Division may, upon presentation of
credentials, enter and inspect any property, premises or place on or related to the disposal site or
facility at any reasonable time for the purpose of determining compliance with this permit; may
inspect or copy any records that must be maintained under the terms and conditions of this permit,
and may obtain samples of groundwater, surface water, or leachate.
VI. GENERAL CONDITIONS
This permit shall become voidable unless the facilities are constructed in accordance with the
conditions of this permit, the approved plans and specifications, and other supporting data.
2. This permit is effective only with respect to the nature and volume of wastes described in the
application and other supporting data.
3. This permit is not transferable. In the event there is a desire for the facilities to change ownership, or
there is a name change of the Permittee, a formal permit request must be submitted to the Division
accompanied by an application fee, documentation from the parties involved, and other supporting
materials as may be appropriate. The approval of this request will be considered on its merits and
may or may not be approved.
4. Failure to abide by the conditions and limitations contained in this permit may subject the Permittee
to an enforcement action by the Division in accordance with North Carolina General Statute 143-
215.6A to I43-2I5.6C.
The issuance of this permit does not exempt the Permittee from complying with any and all statutes,
rules, regulations, or ordinances which may be imposed by other government agencies (local, state,
and federal) which have jurisdiction, including but not limited to applicable river buffer rules in I5A
NCAC 2B .0200, erosion and sedimentation control requirements in 15A NCAC Chapter 4 and under
the Division's General Permit NCG010000, and any requirements pertaining to wetlands under 15A
NCAC 2B .0200 and 2H .0500.
6. A set of approved plans and specifications for the subject project must be retained by the Permittee
for the life of the project.
7. The annual administering and compliance fee must be paid by the Permittee within thirty (30) days
after being billed by the Division. Failure to pay the fee accordingly may cause the Division to
initiate action to revoke this permit as specified by 15A NCAC 2H .0205 (c)(4).
The Permittee, at least six (6) months prior to the expiration of this permit, shall request its extension.
Upon receipt of the request„ the Commission will review the adequacy of the facilities described
therein, and if warranted, will extend the permit for such period of time and under such conditions
and limitations as it may deem appropriate.
Permit issued this the 20th day of December, 2004.
NORTH OLINA NVIRONMENTAL MANAGEMENT COMMISSION
Alan W. Klimek„ P.E., Director
Division of Water Quality
By Authority of the Environmental Management Commission
Permit Number WQ0015515