WQ0015515_Final Permit_19990628

State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
Kerr T. Stevens, Director
June 28, 1999
Mr. David Kaplan, President
Heavenly Mountain Resort, Inc.
639 Whispering Hills Road, Suite 812
Boone, NC 28605
Dear Mr. Kaplan:
NCDENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
Subject: Permit No. WQ0015515
Heavenly Mountain Resort, Inc.
Bear Pen Village
Wastewater Drip Irrigation
Watauga County
In accordance with your application received June 22, 1998 and supplementary information received
December 28, 1998, we are forwarding herewith Permit No. WQ0015515, dated June 28, 1999, to Heavenly
Mountain Resort's Bear Pen Village for the construction and operation of the subject wastewater treatment and
drip irrigation facilities. This permit shall be effective from the date of issuance until May 31, 2004,and shall
be subject to the conditions and limitations as specified therein. Please pay particular attention 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 filed with the Office of Administrative Hearings, P.O. Drawer 27447, Raleigh, NC
27611-7447. Unless such demands are made this permit shall be final and binding.
One set of approved plans and specifications is being forwarde to you. if you need additional
information concerning this matter, please contact Joe Pearce at (919)l73 - 083 extens' n 5
St ly,
Kerr T. Stevens
cc: Watauga County Health Department
Wright & Associates
Winston-Salem Regional Office, Water Quality Section
Winston-Salem Regional Office, Groundwater Section
Bob Cheek, Groundwater Section, Central Office
Technical Assistance and Certification Unit
Non -Discharge Compliance/Enforcement Unit
PO Box 29535, Raleigh, North Carolina 27626-0535
An Equal Opportunity Affirmative Action Employer
Telephone [phone] Fax [phone]
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NORTH CAROLENA
ENVIRONMENTAL MANAGEMENT COMMISSION
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
RALEIGH
DRIP 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
construction and operation of a 20,000 GPD wastewater treatment facility and a 12,480 GPD drip irrigation
facility consisting of 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 bopper 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 I75 foot TDH irrigation pumps, a "Pere -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, pursuant to the application
received June 22, 1998, 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 May 31, 2004, and shall be subject to the
following specified conditions and limitations:
I. PERFORMANCE STANDARDS
Upon completion of construction and prior to operation of this permitted facility, a certification
must be received from a professional engineer certifying that the permitted facility has been
installed in accordance with this permit, the approved plans and specifications, and other
supporting materials. If this project is to be completed in phases and partially certified, you shall
retain the responsibility to track further construction approved under the same permit, and shall
provide a final certificate of completion once the entire project has been complete . Mail the
Certification to the Non -Discharge Permitting Unit, P.O. Box 29535, Raleigh, NC 27626-0535.

H.
2. The Winston-Salem Regional Office, telephone number [phone], shall be notified at least
forty-eight (48) hours in advance of operation of the installed facilities so that an in -place
inspection can be made. Such notification to the regional supervisor shall be made during the
normal office hours from 8:00 a.m. until 5:00 p.m. on Monday through Friday, excluding State
Holidays,
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. 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.
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.
5. 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.
6. Diversion or bypassing of the untreated wastewater from the treatment facilities is prohibited.
7. 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) 200 feet between wetted area and surface water bodies,
e) 50 feet between wetted area and public right of ways,
f) 25 feet between wetted area and drainageways,
g) 100 feet between wastewater treatment units and wells, and
h) 50 feet between wastewater treatment units and property lines.
The issuance of this permit is for construction and operation of the wastewater treatment facilities
and the drip irrigation system only. No flow shall be made tributary to this system until written
approval is received from the Division of Water Quality either through a letter of approval or an
approved sewer extension permit.
OPERATION AND MAINTENALNCE REQUMEMENTS
1. The facilities shall be properly maintained and operated at all times.
2. Upon classification of the facility by the Water Pollution Control System Operators Certification
Commission (WPCSOCC), the Permittee shall employ a certified wastewater treatment plant
operator to be in responsible charge (ORC) of the wastewater treatment facilities. The operator
must hold a certificate of the type and grade at least equivalent to or greater than the classification
assigned to the wastewater treatment facilities by the WPCSOCC. The Permittee must also
employ a certified back-up operator of the appropriate type and grade to comply with the
conditions of 15A NCAC 8A .0202. The ORC of the facility must visit each Class I facility at
least weekly and each Class Il, III, and IV facility at least daily, excluding weekends and holidays,
and must properly manage and document daily operation and maintenance of the facility and must
comply with all other conditions of 15A NCAC 8A .0202. Once the facility is classified, the

Permittee must submit a letter to the WPCSOCC which designates the operator in responsible
charge within thirty days after the wastewater treatment facilities are 50% complete.
3. A suitable year round vegetative cover of the drip irrigation area 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 spray 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.
8. No type of wastewater other than that from Heavenly Mountain Resort Bear Pen Village shall be
sprayed 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. If signs are
used to control access, then the signs must be placed on all corners of the irrigation zones and
every 250 feet between the corners.
III. MONITORING AND REPORTING REQUIREMENTS
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. 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.
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:
BODS TSS
Fecal Coliform pH
NH3 as N NO3 as N
3

IV.
Three (3) copies of all operation and disposal records (as specified in condition 111 2) on Form
NDAR-1 shall be submitted on or before the last day of the following month. Three (3) copies of
all effluent monitoring data (as specified in condition III 3) on Form NDMR-1 shall be submitted
on or before the last day of April, August, and December. All information shall be submitted to
the following address:
NC Division of Water Quality
Water Quality Section
Non -Discharge Compliance/Enforcement Unit
Post Office Box 29535
Raleigh, North Carolina 27626-0535
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:
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.
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.
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.
GROUNDWATER REQUIREMENTS
I. Prior to beginning waste disposal operations, two (2) horizontal wells, designated as HW-3 and
HW-4, shall be installed at the Review Boundary downgradient of the drip irrigation system at
locations to be approved by the Winston-Salem Regional Office. The construction details of these
horizontal wells are presented on the Attachment B.
2. Horizontal Wells HW-3 and HW-4 shall be sampled initially after construction (and prior to waste
disposal operations) and thereafter every April, August, and December for the following
parameters: NO3-N, N114-N, Chlorides, Fecal Coliform, pH, TOC, Water Level. The
measurement of water levels must be made prior to sampling for the remaining parameters. The
depth to water in each well shall be measured from the surveyed point on the top of the casing.
4

If TOC concentrations greater than 10 mg/l are detected in any downgradient monitoring well,
additional sampling and analysis must be conducted to identify the individual constituents
comprising this TOC concentration. If the TOC concentration as measured in the background
monitor well exceeds 10 mgll, this concentration will be taken to represent the naturally occurring
TOC concentration. Any exceedances of this naturally occurring TOC concentration in the
downgradient wells shall be subject to the additional sampling and analysis described above.
The results of the sampling and analysis must be received on Form GW-59 (Groundwater Quality
Monitoring: Compliance Report Form) by the Groundwater Section, Permits and Compliance
Unit, P.O. Box 29578, Raleigh, NC 27626-0578 on or before the last working day of the month
following the sampling month.
The horizontal wells shall be sampled for no less than two full years (i.e. six sampling events).
After the data has been collected for these six sampling events, it will be examined and compared
to the State Groundwater Quality Standards. If, after two (2) years of sampling, all of the required
samping has been performed, and no exceedances of Standards have taken place during that time,
the monitoing may be terminated upon the written direction of the Groundwater Section.
A buffer distance of no less than five (5) feet shall separate the drip irrigation lines from any
surface rock outcrops of significant size. This requirement will be evaluated at the time of
dripfield installation, and the Engineer's Certification will report the compliance with this
condition.
Any additional groundwater quality monitoring, as deemed necessary by the Division, shall be
provided.
The COMPLIANCE BOUNDARY for the disposal system is specified by regulations in 15A
NCAC 2L, Groundwater Classifications and Standards. The Compliance Boundary is for the
disposal system constructed after December 31, 1983 is established at either (1) 250 feet from the
waste disposal area, or (2) 50 feet within the property boundary, whichever is closest to the waste
disposal area. An exceedance of Groundwater Quality Standards at or beyond the Compliance
Boundary is subject to immediate remediation action in addition to the penalty provisions
applicable under General Statute 143-215.6A(a)(1).
In accordance with 15A NCAC 2L, a REVIEW BOUNDARY is established around the disposal
systems midway between the Compliance Boundary and the perimeter of the waste disposal area.
Any exceedance of standards at the Review Boundary shall require remediation action on the part
of the permttee.
V. INSPECTIONS
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. This shall
include at a ,minimum a quarterly inspection of each linear foot of dripline for proper
function. 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.

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.
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.
Failure to abide by the conditions and limitations contained in this permit may subject the
Pennittee to an enforcement action by the Division in accordance with North Carolina General
Statute 143-215.6A to 143-215.6C.
The issuance of this permit does not preclude 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.
6. A set of approved plans and specifications for the subject project must be retained by the Permittee
for the life of the project.
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 t 28`'' day of June, 1999
NORTH ROLIN . E RO ' TAL MANAGEMENT COMMISSION
Kerr T. Stevens Director
Division of Water Quality
By Authority of the Environmental Management Commission
Permit Number WQ0015515

Permit No. WQ0015515
June 28, 1999
ENGINEER'S CERTIFICATION
Partial Final
1, , as a duly registered Professional Engineer in the State of
North Carolina, having been authorized to observe (periodically, weekly, full time) the construction of the
project,
Project Name
Location and County
for the Perm ittee hereby state that, to the best of my abilities, due care and diligence was used in the
observation of the construction such that the construction was observed to be built within substantial
compliance and intent of this permit (including Requirement IV.L), the approved plans and specifications, and
other supporting materials.
Signature
Date
Registration No.

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