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Pnoe | Of� / Rand Get [�ireod0um' — - `=- \ ' L. �' � Back � M��0� | �� — — -- --� Use the mint feature in your browser m mint this page. ---------------------------------------------------------------------------. � Swannanoa, NC 28778 � to � 10 RNeister Lm � Asheville, NC 2880 9735 / Woo I lot 74 � � | Find itinthe 2mm6 Road Atlas Swennanma, wC Asheville, NC ° page 74, grid section L-6, ° page 74, Asheville detail map Western North Carolina map ° page 74, grid section L-5, ° page 74, grid section E'1 Western North Carolina map ° page n1, grid section e'z � Estimated Total Driving Time: Estimated Total Driving Distance: Total Number orSteps: zaminutes 17mi|os zo Step Directions Distance 1 You are atSvVannanoa,NC. � miles-------------------------------------------------------------------------^-- 2 Go SW on RUverwood Rd for 0.18 nni\ao 0.2 .... .............................................................................................................................................................................................................................. 3 Turn hard |aft onto US-70 (Black Mountain Hwy) 0.4 miles ---------------------------------------------------------------------------' 4 Turn right onto Patton Cove Rd 0.3nnUea ---------------------------------------------------------------------------. 2 milesO' 5' Turn right on ramp to I-40 VV .................................................. ...................... .......................................................................................................................................................... 6 Continue on I-40 VV 5.5 miles ................. .......................... ..................................................................................................................................................................................... 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AcHEtirlL>E r^_uiCN t or ' an, Beverly Eaves Perdue F. Governor Secretary December 30,2009 CERTIFIED MAIL 7009-1680-0002-2464-5442 RETURN RECEIPT REQUESTED CAROL F HARRIS 5336 LEATHER STOCKING LANE STONE MOUNTAIN,GEORGIA 30087 SUBJECT: FINAL NOTICE-Delinquent Annual Fee NPDES Permit NCG550429(200) Buncombe County Dear Ms.Harris.: This letter is being sent out to facilities that have not yet paid their Annual Compliance Monitoring Fee. This fee requirement is documented in your current permit in Part 11.B. 14. Your total annual fees owed,for the permitted facility referenced above,is 60.00. Copies of each invoice for the permitted facility previously sent by the Division's Budget Office are attached. Failure to pay the annual fee is grounds for revocation of your permit,as documented in part II. B.13 and II.B.14. This matter must be promptly resolved.You will not receive any additional late payment fee request correspondence. This letter serves as final notice that the Division will refer the fee noted above to the North Carolina Attorney General's Office for collection through the courts unless payment is received by January 30,2010. Additional actions to revoke your operating permit may be initiated as well as referral for collection. Make checks payable to NC DENR;include the permit numbers and invoice numbers on the check. Send the fee payment to: Mrs.Fran McPherson Annual Administering and Compliance Fee Coordinator(919-807-6321) 1617 Mail Service Center Raleigh,NC 27699-1617 (919-807-6321) If you have evidence that the fee has already been paid,please contact me at 919-807-6387 or bobbob guerra�ncdenrgov. Sincerely, Bob Guerra,Western NPDES Unit Enclosure: Invoice#2009PR000937 cc: Central Files NPDES File Roger Edwards,Asheville Regional Office,Surface Water Protection 1617 Mail Service Center,Raleigh,North Carolina 27699-1617 One Location:512 N.Salisbury St.Raleigh,North Carolina 27604 Phone:919-807-6387\FAX:919-807-6495\Customer Service:1-877-623-6748 1V�TorthCarohna Internet:www.ncwaterquality.org NaturallffAn Equal Opportunity\Affirmative Action Employer NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES i INVOICE 2 0 0 9 P R 0 0 0 9 3 7 Annual Permit Fee Overdue This annual fee is required by the North Carolina Administrative Code. It covers the administrative costs associated with your permit. It is required of any person holding a permit for any time during the annual fee period,regardless of the facility's operating status. Failure to pay the fee by the due date will subject the permit to revocation. Operating without a valid permit is a violation and is subject to a$105000 per day fine. If the permit is revoked and you later decide a permit is needed,you must reapply,with the understanding the permit request may be denied due to changes in environmental,regulatory,or modeling conditions. Permit Number: NCG550429 Annual Fee Period: 2008-12-01 to 2009-11-30 Buncombe County 594 Cowan Cove Road Invoice Date: 01/23/09 Due Date: 02/22/09 Carol F.Harris Annual Fee: $60.00 5336 Leather Stocking Ln Stone Mountain,GA 30087 Notes: 1. A$25.00 processing fee will be charged for returned checks in accordance with the North Carolina General Statute 25-3-512. 2. Non-Payment of this fee by the payment due date will initiate the permit revocation process. 3. Remit payment to: NCDENR-Division of Water Quality 1617 Mail Service Center Raleigh,NC 27699-1617 4. Should you have any questions regarding this invoice,please contact the Annual Administering and Compliance Fee Coordinator at 919-807-6321. (Return This Portion With Check) ANNUAL PERMIT INVOICE 2 0 0 9 P R 0 0 0 9 3 7 Overdue Permit Number: NCG550429 Annual Fee Period: 2008-12-01 to 2009-11-30 Buncombe County 594 Cowan Cove Road Invoice Date: 01/23/09 Due Date: 02/22/09 Carol F.Harris Annual Fee: $60.00 5336 Leather Stocking Ln Check Number: Stone Mountain,GA 30087 • NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Michael F. Easley,Governor William G. Ross,Jr., Secretary Coleen H. Sullins, Director August 15,2007 Carol F. Harris 5336 Leather Stocking Lane Stone Mountain,GA 30087 Subject: Renewal of coverage/General Permit NCG550000 594 Cowan Cove Road Certificate of Coverage NCG550429 Buncombe County Dear Permittee: In accordance with your renewal application [received on January 22, 20071,the Division is renewing Certificate of Coverage(CoC)NCG550429 to discharge under NCG550000. This CoC is issued pursuant to the requirements of North Carolina General Statue 143-215.1 and the Memorandum of Agreement between North Carolina and the US Environmental Protection agency dated May 9, 1994 [or as subsequently amended]. If any parts,measurement frequencies or sampling requirements contained in this General Permit are unacceptable to you,you have the right to request an individual permit by submitting an individual permit application. Unless such demand is made,the certificate of coverage shall be final and binding. Please take notice that this Certificate of Coverage is not transferable except after notice to the Division. The Division may require modification or revocation and reissuance of the certificate of coverage. Contact the Asheville Regional Office prior to any sale or transfer of the permitted facility. Regional Office staff will assist you in documenting the transfer of this CoC. 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, Coastal Area Management Act or any other Federal or Local governmental permit that may be required. If you have any questions concerning the requirements of the General Permit,please contact Toya Fields [919 733-5083, extension 551 or tova fields@ncmail.netl or Susan Wilson [919 733-5083,extension 510 or susan a wilson@ncmail.net]. Sincerely, or Coleen H. Sullins - l . tee cc: Central Files AUG 2 2 2007 Asheville Regional Office/Surface Water Protection NPDES file _ t �V T—E C I.,.'AL�TV S CTi�C��I S - ILL C RFi 1�1NAL OFFICE 1617 Mail Service Center,Raleigh,North Carolina 27699-1617 . 512 North Salisbury Street,Raleigh,North Carolina 27604 NorthCarohna Phone: 919 733-5083/FAX 919 733-0719/Internet:www.ncwaterquality.org N tuyray An Equal Opportunity/Affirmative Action Employer-50%Recycled/10%Post Consumer Paper L `[ STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY GENERAL PERMIT NCG550000 CERTIFICATE OF COVERAGE NCG550429 DISCHARGE OF DOMESTIC WASTEWATER FROM SINGLE FAMILY RESIDENCES AND OTHER 100% DOMESTIC DISCHARGES WITH SIMILAR CHARACTERISTICS 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, Carol F. Harris is hereby authorized to discharge domestic wastewater [300 GPD] from a facility located at 594 Cowan Cove Road Asheville Buncombe County to receiving waters designated as Smith Mill Creek in subbasin 04-03-02 of the French Broad River Basin in accordance with the effluent limitations,monitoring requirements, and other conditions set forth in Parts I, II, III and IV hereof. This certificate of coverage shall become effective August 15, 2007. This Certificate of Coverage shall remain in effect for the duration of the General Permit. Signed this day August 15, 2007. for Coleen H. Sullins, Director Division of Water Quality By Authority of the Environmental Management Commission t - k `,: l� 4 yC �,',_ _""� !fir-. 1 ;F �.•y.-+ :i^�,e' ' �`7`.. 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' , ,z-. 0 L 4 ••_.c w. r�• cT i, 'tam .l e - \ ... III\ i ri -. i \l �'UO ' �._�_ '' �•SrA��QS, -7�•. ��\ '��� T __ �\ l•��EA�LL� ', ,)\ of . I .1 11 AC le ` �13 / p: �7 q 1 , � la*�e Cope 15b is I406 -HI V�h -,('.ern -C_ \• _ ,�� '\ - .% �iJ� - �' ��� / .�, ",_) 2 '• eel.,;/ 9`Or ' .•C.c. , O - \ �\ ., T .i •�_�ry 'y i l��.. \o_., yb fir' f: General Permit NCG550000 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY GENERAL PERMIT NCG550000 DISCHARGE OF DOMESTIC WASTEWATER FROM SINGLE FAMILY RESIDENCES AND OTHER 100% DOMESTIC DISCHARGES WITH SIMILAR CHARACTERISTICS 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, this permit is hereby issued to all owners or operators, hereafter permittees, which are covered by this permit as evidenced by receipt of a Certificate of Coverage by the Environmental Management Commission to allow the discharge of treated domestic wastewater in accordance with the effluent limitations, monitoring requirements, and other conditions set forth in Parts I, II, III and IV hereof. This permit shall become effective August 1, 2007. This permit shall expire at midnight on July 31, 2012. ORIGINAL SIGNED BY SUSAN A. WILSON Coleen H. Sullins, Director Division of Water Quality By Authority of the Environmental Management Commission Page 1 of 11 Pages General Permit NCG550000 PART I MONITORING, CONTROLS, AND LIMITATIONS FOR PERMITTED DISCHARGES A. EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS During the period beginning on August 1, 2007 and lasting until expiration, the Permittee is authorized to discharge domestic wastewater from outfall 001. Such discharges shall be limited and monitored by the Permittee as specified below: Flow 2 Annually Estimate Effluent BOD, 5-Day, 20°C3 30.0 mg/1 45.0 mg/1 Annually Grab Effluent Total Suspended Solids3 30.0 mg/1 45.0 mg/1 Annually Grab Effluent Fecal Coliform3 200 100 m1 400 / 100 (Geometric mean) / ml Annually Grab Effluent rTotaTResidual Chlorine3, Annually Grab Effluent 1. Effluent is defined as wastewater leaving the treatment system, prior to discharge into a creek or other waterbody. 2. The wastewater discharge flow from this facility may not in any case exceed 1000 gallons per day. 3. A North Carolina certified laboratory must perform the wastewater analysis. 4. Instream chlorine levels are not to exceed 17 µg/L. The sample shall be taken from the effluent pipe, prior to discharge into a creek or other waterbody. Treatment system requirements for existing (previously constructed) systems: Septic tank, sand filter, and disinfection. All facilities adding chlorination after the August 1, 2007 effective date of this permit will also be required to add dechlorination. Treatment system requirements for new (not yet constructed) systems: Septic tank (with riser), primary & secondary (or recirculating) sand filters, chlorination/dechlorination (or equivalent means of disinfection), and post-aeration apparatus. The tablet chlorinator and dechlorinator [if applicable] shall be inspected weekly to ensure there is an adequate supply of tablets for continuous &proper operation. The dechlorinator unit shall be labeled "dechlorination only". The permittee must conduct and document the following maintenance activities: • Septic tanks shall be maintained at all times to prevent seepage of sewage to the surface of the ground. • Septic tanks will be checked at least yearly to determine if solids must be removed or if other maintenance is necessary. • Septic tanks shall be pumped out within three to five years of the issuance date on the Certificate of Coverage. • Contents removed from septic tanks shall be disposed at a location and in a manner compliant with all local and state regulations. • Surface sand filters, disinfection apparatus and (if applicable) dechlorination apparatus shall be inspected weekly to confirm proper operation. • Annual sampling data shall be retained onsite for a minimum of three years. There shall be no discharge of floating solids or foam visible in other than trace amounts. Page 2 of 11 Pages General Permit NCG550000 PART II STANDARD CONDITIONS FOR NPDES PERMITS SECTION A. DEFINITIONS 1. Permit Issuing Authority: The Director of the Division of Water Quality. 2. Division: The Division of Water Quality in the North Carolina Department of Environment and Natural Resources. 3. EMC: North Carolina Environmental Management Commission. 4. Permittee: The entity who obtains coverage under this General Permit by subsequent issuance of a"Certificate of Coverage" by the Division. S. Act or "the Act": The Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 USC 1251, et. seq. 6. Concentration Measurements a. Monthly Average Concentration: The sum of the concentrations of all daily discharges sampled and/or measured during a calendar month on which daily discharges are sampled and measured, divided by the number of daily discharges sampled and/or measured during such month (arithmetic mean of the daily concentration values). The daily concentration value in the case of grab samples is the arithmetic mean (weighted by flow value) of all the samples collected during that calendar day. b. Monthly Average Concentration for Fecal Coliform: The geometric mean of the counts for samples collected during a calendar month. This limitation is identified as "Monthly Average" in Part I of the permit. c. Daily Maximum Concentration: The concentration of a pollutant discharge during a calendar day. If only one sample is taken during any calendar day the concentration of pollutant calculated from it is the "Maximum Daily Concentration". It is identified as "Daily Maximum" in Part I of the permit. 7. Grab Samples: Individual samples of at least 100 ml collected over a period of time not exceeding 15 minutes. Grab samples can be collected manually. 8. Calculations a. Geometric Mean: The Nth root of the product of the individual values where N is equal to the number of individual values. The geometric mean is equivalent to the antilog of the arithmetic mean of the logarithms of the individual values. For purposes of calculating the geometric mean, values of zero(0)shall be considered to be one (1). 9. Hazardous Substance: Any substance designated under 40 CFR Part 116 pursuant to Section 311 of the Clean Water Act. 10.Toxic Pollutant: Any pollutant listed as toxic under Section 307(a)(1) of the Clean Water Act. 11. Bypass: The intentional diversion of waste streams from any portion of a treatment facility (including the collection system). The permittee may allow any bypass to occur which does not cause effluent limitations to be exceeded, but only if it also is for essential maintenance to assure efficient operation. Page 3 of 11 Pages 0 General Permit NCG550000 12. Severe property damage: Substantial physical damage to property, damage to the treatment facilities which causes them to become inoperable, or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass. Severe property damage does not mean economic loss caused by delays in production. 13. Upset: An exceptional incident in which there is unintentional and temporary noncompliance with technology-based permit effluent limitations because of factors beyond the reasonable control of the permittee. An upset does not include noncompliance to the extent caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance, or careless or improper operation. SECTION B. GENERAL CONDITIONS 1. Duty to Comply The permittee must comply with all conditions of this General Permit. Any permit noncompliance constitutes a violation of the Clean Water Act and is grounds for enforcement action; for permit termination, revocation and reissuance, or modification; or denial of a permit upon renewal application. a. The permittee shall comply with standards or prohibitions established under section 307(a) of the Clean Water Act for toxic pollutants within the time provided in the regulations that establish these standards or prohibitions, even if the permit has not yet been modified to incorporate the requirement. b. The Clean Water Act provides that any person who violates a permit condition is subject to a civil penalty not to exceed $25,000 per day for each violation. Any person who negligently violates any permit condition is subject to criminal penalties of $2,500 to $25,000 per day of violation, or imprisonment for not more than 1 year, or both. Any person who knowingly violates any permit conditions is subject to criminal penalties of$5,000 to $50,000 per day of violation, or imprisonment for not more than 3 years, or both. Also, any person who violates a permit condition may be assessed an administrative penalty not to exceed $10,000 per violation with the maximum amount not to exceed $125,000. [Ref: Section 309 of the Federal Act 33 USC 1319 and 40 CFR 122.41(a).] c. Under state law, a daily civil penalty of not more than twenty-five thousand dollars ($25,000) per violation may be assessed against any person who violates or fails to act in accordance with the terms, conditions, or requirements of a permit. [Ref: North Carolina General Statutes 143- 215.6A] d. Any person may be assessed an administrative penalty by the Director for violating section 301, 302, 306, 307, 308, 318, or 405 of the Act, or any permit condition or limitation implementing any of such sections in a permit issued under section 402 of the Act. Administrative penalties for Class I violations are not to exceed $11,000 per violation, with the maximum amount of any Class I penalty assessed not to exceed $27,500. Penalties for Class II violations are not to exceed $11,000 per day for each day during which the violation continues, with the maximum amount of any Class II penalty not to exceed $137,500. 2. Duty to Mitigate - The permittee shall take all reasonable steps to minimize or prevent any discharge in violation of this permit. 3. Civil and Criminal Liability Except as provided in permit conditions on 'Bypassing" (Part II, C.4.) and "Power Failures" (Part II, C.7.), nothing in this permit shall be construed to relieve the permittee from any responsibilities, liabilities, or penalties for noncompliance pursuant to NCGS 143-215.3, 143-215.6 or Section 309 of the Federal Act, 33 USC 1319. Furthermore, the permittee is responsible for consequential damages, such as fish kills, even though the responsibility for effective compliance may be temporarily suspended. 4. Oil and Hazardous Substance Liability Page 4 of 11 Pages i General Permit NCG550000 Nothing in this permit shall be construed to preclude the institution of any legal action or relieve the permittee from any responsibilities, liabilities, or penalties to which the permittee is or may be subject to under NCGS 143-215.75 et seq. or Section 311 of the Federal Act, 33 USG 1321. Furthermore,- the permittee is responsible for consequential damages, such as fish kills, even though the responsibility for effective compliance may be temporarily suspended. 5. Property Rights The issuance of this permit does not convey any property rights in either real or personal property, or any exclusive privileges, nor does it authorize any injury to private property or any invasion of personal rights, nor any infringement of Federal, State or local laws or regulations. 6. Onshore or Offshore Construction This permit does not authorize or approve the construction of any onshore or offshore physical structures or facilities or the undertaking of any work in any navigable waters. 7. Severability The provisions of this permit are severable, and if any provision of this permit, or the application of any provision of this permit to any circumstances, is held invalid, the application of such provision to other circumstances, and the remainder of this permit, shall not be affected thereby. 8. Duty to Provide Information The permittee shall furnish to the Permit Issuing Authority, within a reasonable time, any information which the Permit Issuing Authority may request to determine whether cause exists for modifying, revoking and reissuing, or terminating this permit or to determine compliance with this permit. The permittee shall also furnish to the Permit Issuing Authority upon request, copies of records required to be kept by this permit. 9. Duty to Reapply If the permittee wishes to continue an activity regulated by this permit after the expiration date of this permit, the permittee must apply for and obtain a new permit. 10. Permit Termination After public notice and opportunity for a hearing, the General Permit and Certificates of Coverage issued under this General Permit may be terminated for cause. 11.When an Individual Permit may be Required The Division may require any owner authorized to discharge under this permit to apply for and obtain an individual permit. Cases where an individual permit may be required include, but are not limited to, the following: a. The discharger is a significant contributor of pollution. b. Conditions at the operating facility change altering the constituents and/or characteristics of the discharge such that the discharge no longer qualifies for a General Permit. c. The discharge violates the terms or conditions of this permit. d. A change has occurred in the availability of demonstrated technology or practices for the control or abatement of pollutants applicable to the point source. e. Effluent limitation guidelines are promulgated for the point sources covered by this permit. f. A water quality management plan containing requirements applicable to such point sources is approved after the issuance of this permit. V This permit may be terminated as to an individual owner for any of the reasons, set forth above after appropriate notice in accordance with N.C.G.S. 143-215.1. 12.When an Individual Permit may be Requested Any permittee operating under this permit may request to be excluded from coverage by applying for an individual permit. When an individual permit is issued, the applicability of this General Permit is automatically terminated on the effective date of the individual permit. 13. Signatory Requirements All applications, reports, or information submitted to the Permit Issuing Authority shall be signed and certified. Page 5 of 11 Pages General Permit NCG550000 a. All permit applications shall be signed as follows: (1) In the case of a corporation, by a principal executive officer of at least the level of vice president, or his duly authorized representative, if such representative is responsible for the overall operation of the facility from which the discharge described in the permit application form originates;(2)In the case of a partnership or sole proprietorship: by a general partner or the proprietor, respectively; or; (3) In the case of a municipality, State, Fedral, or other public entity by either a principal executive officer, ranking elected official, or other duly authorized employee. b. All reports required by the permit and other information requested by the Permit Issuing Authority shall be signed by a person described above or by a duly authorized representative of that person. A person is a duly authorized representative only if: (1) The authorization is made in writing by a person described above; (2) The authorization specified either an individual or a position having responsibility for the overall operation of the regulated facility or activity, such as the position of plant manager, operator of a well or well field, superintendent, a position of equivalent responsibility, or an individual or position having overall responsibility for environmental matters for the company. (A duly authorized representative may thus be either a named individual or any individual occupying a named position.); and (3) The written authorization is submitted to the Permit Issuing Authority. c. Certification: Any person signing a document under paragraphs a. or b. of this section shall make the following certification: I certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for knowing violations." 14. Permit Actions This permit may be modified, revoked and reissued, or terminated for cause. The filing of a request by the permittee for a permit modification, revocation and reissuance, or termination, or a notification of planned changes or anticipated noncompliance does not stay any permit condition. 15.Permit Modification Revocation and Reissuance or Termination The issuance of this permit does not prohibit the permit issuing authority from reopening and modifying the permit, revoking and reissuing the permit, or terminating the permit as allowed by the laws, rules, and regulations contained in Title 40, Code of Federal Regulations, Parts 122 and 123; Title 15A of the North Carolina Administrative Code, Subchapter 2H .0100; and North Carolina General Statute 143-215.1 et. al. SECTION C. OPERATION AND MAINTENANCE OF POLLUTION CONTROLS 1. Certified Operator Pursuant to Chapter 90A-44 of North Carolina General Statutes, the permittee shall employ a certified wastewater treatment plant operator in responsible charge (ORC) of the wastewater treatment facilities. Such operator must hold a certification of the grade equivalent to or greater than the classification assigned to the wastewater treatment facilities. The permittee shall notify the Division's Operator Training and Certification Unit within one hundred and twenty days of any change in the ORC status. NOTE. This requirement does not apply until the permittee receives a letter notifying them of classification of the facility. Currently,facilities are not being classified for this purpose, but may at some time in the future. Page 6 of 11 Pages General Permit NCG550000 2. Proper Operation and Maintenance The permittee shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) which are installed or used by the permittee to achieve compliance with the conditions of this permit. Proper operation and maintenance also includes adequate laboratory controls and appropriate quality assurance procedures. This provision requires the operation of back-up or auxiliary facilities [or similar systems] installed by a permittee only when the operation is necessary to achieve compliance with the conditions of the permit. 3. Need to Halt or Reduce not a Defense It shall not be a defense for a permittee in an enforcement action that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the conditions of this permit. 4. By-passing of Treatment Facilities a. Bypass not exceeding limitations. The permittee may allow any bypass to occur which does not cause effluent limitations to be exceeded, but only if it also is for essential maintenance to assure efficient operation. These bypasses are not subject to the provisions of Paragraphs b. and c. of this section. b. Notice (1) Anticipated bypass. If the permittee knows in advance of the need for a bypass, it shall submit prior notice, if possible at least ten days before the date of the bypass; including an evaluation of the anticipated quality and affect of the bypass. (2) Unanticipated bypass. The permittee shall submit notice of an unanticipated bypass as required in Part II.E.6 of this permit. (24-hour notice). c. Prohibition of Bypass (1) Bypass is prohibited and the Permit Issuing Authority may take enforcement action against a permittee for bypass, unless: (a) Bypass was unavoidable to prevent loss of life, personal injury or severe property damage; (b) There were no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities, retention of untreated wastes or maintenance during normal periods of equipment downtime. This condition is not satisfied if adequate backup equipment should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventive maintenance; and (c) The permittee submitted notices as required under Paragraph b. of this section. (2) The Permit Issuing Authority may approve an anticipated bypass, after considering its adverse affects, if the Permit Issuing Authority determines that it will meet the three conditions listed above in Paragraph c. (1) of this section. 5. Upsets a. Effect of an upset. An upset constitutes an affirmative defense to an action brought for noncompliance with such technology based permit effluent limitations if the requirements of paragraph b. of this condition are met. No determination made during administrative review of claims that noncompliance was caused by upset, and before an action for noncompliance, is final administrative action subject to judicial review. b. Conditions necessary for a demonstration of upset. A permittee who wishes to establish the affirmative defense of upset shall demonstrate, through properly signed, contemporaneous operating logs, or other relevant evidence that: Page 7 of 11 Pages General Permit NCG550000 (1) An upset occurred and that the permittee can identify the cause(s) of the upset; (2) The permitted facility was at the time being properly operated; and (3) The permittee submitted notice of the upset as required in Part II.E.6.b.2 of this permit. (3) The permittee complied with any remedial measures required under Part II.B.2 of this permit. c. Burden of proof. In any enforcement proceeding the permittee seeking to establish the occurrence of an upset has the burden.of proof. 6. Removed Substances Solids, sludges, filter backwash, or other pollutants removed in the course of treatment or control of wastewaters shall be disposed of in accordance with NCGS 143-215.1 and in a manner such as to prevent any pollutant from such materials from entering waters of the State or navigable waters of the United States. The permittee shall comply with all existing federal regulations governing the disposal of sewage sludge. Upon promulgation of 40 CFR Part 503, any permit issued by the Permit Issuing Authority for the disposal of sludge may be reopened and modified, or revoked and reissued, to incorporate applicable requirements at 40 CFR Part 503. The permittee shall comply with applicable 40 CFR Part 503 Standards for the Use and Disposal of Sewage Sludge (when promulgated) within the time provided in the regulation, even if the permit is not modified to incorporate the requirement. The permittee shall notify the Permit Issuing Authority of any significant change in its sludge use or disposal practices. 7. Power Failures The permittee is responsible for maintaining adequate safeguards as required by DWQ Regulation, Title 15A, North Carolina Administrative Code, Subchapter 2H, .0124 Reliability, to prevent the discharge of untreated or inadequately treated wastes during electrical power failures either by means of alternate power sources, standby generators or retention of inadequately treated effluent. SECTION D. MONITORING AND RECORDS 1. Representative Sampling Samples collected and measurements taken, as required herein, shall be characteristic of the volume and nature of the permitted discharge. Samples collected at a frequency less than daily shall be collected on a day and time that is characteristic of the discharge over the period the sample represents. All samples shall be taken at the monitoring points specified in this permit and, unless otherwise specified, before the effluent joins or is diluted by any other wastestream, body of water, or substance. Monitoring points shall not be changed without notification to and the approval of the Permit Issuing Authority. 2. Test Procedures Test procedures for the analysis of pollutants shall conform to the EMC regulations published pursuant to NCGS 143-215.63 et. seq., the Water and Air Quality Reporting Acts, and to regulations published pursuant to Section 304(g), 33 USC 1314, of the Federal Water Pollution Control Act, as Amended, and Regulation 40 CFR 136. To meet the intent of the monitoring required by this permit, all test procedures must produce minimum detection and reporting levels that are below the permit discharge requirements and all data generated must be reported down to the minimum detection or lower reporting level of the procedure. If no approved methods are determined capable of achieving minimum detection and reporting levels below permit discharge requirements, then the most sensitive (method with the lowest possible detection and reporting level) approved method must be used. 3. Penalties for Tamperine The Clean Water Act provides that any person who falsifies, tampers with, or knowingly renders inaccurate, any monitoring device or method required to be maintained under this permit shall, upon conviction, be punished by a fine of not more than $10,000 per violation, or by imprisonment for not more than two years per violation, or by both. In the case of a second or subsequent conviction, punishment is a fine of not more than $20,000 per day of violation, or by imprisonment of not more than 4 years, or both. Page 8 of 11 Pages General Permit NCG550000 4. Records Retention The permittee shall retain records of all monitoring information, including all calibration and maintenance records and all original strip chart recordings for continuous monitoring instrumentation, copies of all reports required by this permit, for a period of at least 3 years from the date of the sample, measurement, report or application. This period may be extended by request of the Director at any time. 5. Recording Results For each measurement or sample taken pursuant to the requirements of this permit, the permittee shall record the following information: a. The date, exact place, and time of sampling or measurements; _ b. The individual(s) who performed the sampling or measurements; c. The date(s) analyses were performed; d. The individual(s) who performed the analyses; e. The analytical techniques or methods used; and f. The results of such analyses. 6. Inspection and Entry The permittee shall allow the Director or his authorized representative[s], upon the presentation of credentials and other documents as may be required by law, to; a. Enter upon the permittee's premises where a regulated facility or activity is located or conducted, or where records must be kept under the conditions of this permit; b. Have access to and copy any records that must be kept under the conditions of this permit; c. Inspect.any facilities, equipment (including monitoring and control equipment), practices, or operations regulated or required under this permit; and d. Sample or monitor, for the purposes of assuring permit compliance or as otherwise authorized by the Clean Water Act,any substances or parameters at any location. SECTION E. REPORTING REQUIREMENTS 1. Submission of Reports Submission of standardized monitoring forms or other monitoring reports to the Division is not required. All monitoring information and copies of any reports required by this permit, must be retained on site for a period of at least 3 years from the date of the sample, measurement, report or application. This period may be extended by request of the Director at any time. The permittee shall furnish to the Permit Issuing Authority upon request, copies of records required to be kept by this permit. 2. Change in Discharge All discharges authorized herein shall be consistent with the terms and conditions of this permit. The discharge of any pollutant identified in this permit more frequently than or at a level in excess of that authorized shall constitute a violation of the permit. 3. Planned Changes The permittee shall give notice to the Director as soon as possible of any planned physical alterations or additions to the permitted facility. Notice is required only when: a. The alteration or addition to a permitted facility may meet one of the criteria for determining whether a facility is a new source in 40 CFR Part 122.29 (b); or b. The alteration or addition could significantly change the nature or increase the quantity of pollutants discharged. This notification applies to pollutants that are not subject to effluent limitations in the permit or to notification requirements under 40 CFR Part 122.42 (a) (1). 4. Anticipated Noncompliance The permittee shall give advance notice to the Director of any planned changes in the permitted facility or activity that may result in noncompliance with permit requirements. 5. Transfers Page 9 of 11 Pages General Permit NCG550000 This permit is not transferable to any person except after notice to and approval by the Director. The Director may require modification or revocation and reissuance of the permit and incorporating such other requirements as may be necessary under the Clean Water Act. 6. Duty to Report Noncompliance a. The permittee shall report to the central office or the appropriate regional office any noncompliance that may endanger health or the environment. Any information shall be provided orally within 24 hours from the time the permittee became aware of the circumstances. A written submission shall also be provided within 5 days of the time the permittee becomes aware of the circumstances. (1) The written submission shall contain a description of the noncompliance, and its cause; the period of noncompliance, including exact dates and times, and if the noncompliance has not been corrected, the anticipated time it is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance. b. The following shall be included as information that must be reported within 24 hours under this paragraph. (1) Any unanticipated bypass that exceeds any effluent limitation in the permit. (2) Any upset which exceeds any effluent limitation in the permit. (3) Violation of a maximum daily or monthly average discharge limitation for any of the pollutants listed by the Director in the permit to be reported within 24 hours. c. The Director may waive the written report on a case-by-case basis for reports under paragraph b. above of this condition if the oral report has been received within 24 hours. 7. Other Information Where the permittee becomes aware that it failed to submit any relevant facts in a permit application, or submitted incorrect information in a permit application or in any report to the Director, it shall promptly submit the correct facts or information. 8. Noncompliance Notification Procedure The permittee shall report by telephone to either the central office or the appropriate regional office of the Division as soon as possible, but in no case more than 24 hours or on the next working day following the occurrence or first knowledge of the occurrence of any of the following: a. Any occurrence at the water pollution control facility which results in the discharge of significant amounts of wastes which are abnormal in quantity or characteristic, such as the dumping of the contents of a sludge digester; the known passage of a slug of hazardous substance through the facility; or any other unusual circumstances. b. Any process unit failure, due to known or unknown reasons, that render the facility incapable of adequate wastewater treatment such as mechanical or electrical failures of pumps, aerators, compressors, etc. c. Any failure of a pumping station, sewer line, or treatment facility resulting in a by-pass directly to receiving waters without treatment of all or any portion of the influent to such station or facility. Persons reporting such occurrences by telephone shall also file a written report [in letter form] within 5 days following first knowledge of the occurrence. 9. Availability of Reports Except for data determined to be confidential under NCGS 143-215.3(a)(2) or Section 308 of the Federal Act, 33 USC 1318, all reports prepared in accordance with the terms shall be made available for public inspection at the offices of DWQ or at the site of the discharge within a reasonable time period, not to exceed five (5) days. As required by the Act, effluent data shall not be considered confidential. Knowingly making any false statement on any such report may result in the imposition of criminal penalties as provided for in NCGS 143-215.1(b)(2) or in Section 309 of the Federal Act. 10. Penalties for Falsification of Reports Page 10 of 11 Pages � General Permit NCG550000 The Clean Water Act provides that any person who knowingly makes any false statement, representation, or certification in any record or other document submitted or required to be maintained under this permit, including monitoring reports or reports of compliance or noncompliance shall, upon conviction, be punished by a fine of not more than $10,000 per violation, or by imprisonment for not more than two years per violation, or by both. PART III OTHER REQUIREMENTS 1. Previous Permits All previous State water quality permits issued to this facility for this particular discharge, whether for construction or operation or discharge, are hereby revoked by issuance of this permit and subsequent issuance of a Certificate of Coverage. The conditions, requirements, terms, and provisions of this permit authorizing discharge under the National Pollutant Discharge Elimination System govern discharges from this facility. 2. Construction No construction of wastewater treatment facilities or additions thereto shall be begun until Final Plans and Specifications have been submitted to and approved by the Division. Design and operation of facilities and/or treatment works shall be in accordance with the application and supporting information. If facility deficiencies, design and/or operational, are identified in the future which could affect the facility performance or reliability, it is the responsibility of the permittee to correct such deficiencies. 3. Limitations Reopener This permit shall be modified or alternatively, revoked and reissued, to comply with any applicable effluent guideline or water quality standard issued or approved under Sections 302(b) (2) (c), and (d), 304(b) (2), and 307(a) (2) of the Clean Water Act, if the effluent guideline or water quality standard so issued or approved: a. contains different conditions or is otherwise more stringent than any effluent limitation in the permit; or b. controls any pollutant not limited in the permit. The permit as modified or reissued under this paragraph shall also contain any other requirements in the Act then applicable. PART IV ANNUAL ADMINISTERING&COMPLIANCE MONITORING FEE The permittee must pay the annual administering and compliance monitoring fee (if any such fee is assessed) within 30 days after being billed by the Division. Failure to pay such fees in a timely manner in accordance with 15 NCAC 21-1.0105(b)(4) may cause the Division to initiate action to revoke the Certificate of Coverage. Page 11 of 11 Pages k � o � � NCDENR �11 .; JAN 1 6 200 North Carolina Department of Environment nd �411 Re' Wes of Water Quality I Division wATER 011 � -- -� Michael F. Easley, GovernorL A� ;�, R ,OF �s,Jr., Secretary _""'--"'Alan, me ., Director �. . �`+�Elk9M�EkC'9A4 nYx.'+;P.5& ✓f+eEk.+i,�21..YWd:Y�c�e:YF"'yibTfi4 7"r.':^7?3&t '}. - January 9, 2007" Carol Harris 5336 Leather Stocking Ln Stone Mountain, GA 30087 Subject: Renewal Notice/General Permit NCG550000 Certificate of Coverage NCG550429 Buncombe County Dear Permittee: You are receiving this notice because you currently own a property covered under the subject General Permit for the discharge of domestic wastewater. NCG550000 will expire on July 31, 2007. Federal (40 CFR 122.41) and North Carolina (15A NCAC 2H.0105(e)) regulations require that permit renewal applications be filed at least 180 days prior to expiration of the current permit. To satisfy this requirement, the Division must receive a renewal request postmarked no later than February 1, 2007. The Certificate of Coverage (CoC) specific to your property was last issued on August 1, 2002. The Division needs information from you to determine if coverage under NCG550000 is still necessary. ➢ If your property still has a wastewater system like the ones described in the enclosed Technical Bulletin, you must renew the subject CoC. Complete the enclosed form and submit it to the address on the form. ➢ If you are not sure what type of system your property has, contact Larry Frost in the NC DENR Asheville Regional Office at. That person [or other staff members] can help you determine if you should renew your CoC. ➢ If you know that your property no longer discharges wastewater, contact me at the address or phone number listed below to request rescission of the CoC. ➢ This information request does not pertain to the Annual Fee of$50.00 billed separately by the Division's Budget Office No money is required for this procedure. The Annual Fee is like the fee you annually pay the DMV for the sticker on your vehicle's license plate. Renewal of your CoC is like the renewal of your Driver's License [ca. every five years]. ➢ If you have already mailed a renewal request,you may disregard this notice. 1617 Mail Service Center,Raleigh,North Carolina 27699-1617 One NOl'�h� 'Ohria 512 North Salisbury Street,Raleigh,North Carolina 27604 Phone: 919 733-5083,extension 511/FAX 919 733-0719/charles.weaver@ncmail.net Aar&ra//y An Equal Opportunity/Affirmative Action Employer-50%Recycled/10%Post Consumer Paper L l` NCG550429 renewal notice January 9,2007 The attached application form shows the information the Division has on file for your property. Please verify that the provided information is correct, or make corrections on the form. Complete the additional questions, then sign and date the form. The completed form should be submitted to the address listed below the signature block. If you have any questions concerning this matter, please contact me at the telephone number or e-mail address listed below. (If it is difficult to reach me, please be aware that your facility is one of over 1100 that I am contacting regarding the renewal of NCG550000.) Thanks for your attention to this matter. Sincerely, Charles H. Weaver, Jr. NPDES Unit cc: Central Files Asheville Regional Office/Larry Frost NPDES file State of North Carole, Department of Envir _. rent • and Natural Resources Division of Water Quality Michael F. Easley, Governor NCDENR William G. Ross Jr., Secretary OF Alan W. Klimek, P.E., Director NORTH DEPARTMENT ENVIRONMENNTT AND N NATURAL RESOURCES July 26,2002i¢-R 7 ' MARTHA THOMPSON 'p+ THOMPSON MARTHA-RESIDENCE 594 COWAN COVE RD ASHEVILLE, NC 28806 Subject: Reissue-NPDES Wastewater Discharge Permit Thompson Martha-Residence COC Number NCG550429 Buncombe County Dear Permittee: In response to your renewal application for continued coverage under general permit NCG550000,the Division of Water Quality(DWQ)is forwarding herewith the reissued wastewater general permit Certificate of Coverage (COC). This COC is reissued pursuant to the requirements of North Carolina General Statute 143-215.1 and the Memorandum of Agreement between the state of North Carolina and the U.S.Environmental Protection Agency, dated May 9, 1994(or as subsquently amended). The following information is included with your permit package: * A copy of the Certificate of Coverage for your treatment facility * A copy of General Wastewater Discharge Permit NCG550000 * A copy of a Technical Bulletin for General Wastewater Discharge Permit NCG550000 Your coverage under this general permit is not transferable except after notice to DWQ. The Division may require modification or revocation and reissuance of the Certificate of Coverage. This permit does not affect the legal requirements to obtain other permits which may be required by DENR or relieve the permittee from responsibility for compliance with any other applicable federal,state,or local law rule,standard,ordinance,order,judgment,or decree. Please note that effective January 1, 1999 the fees for all permits issued by DWQ were changed. This changed the fee for your wastewater general permit coverage from a$240 fee paid once every five years to a yearly fee of$50. If you have not already been billed this year for the yearly fee,you will receive a bill later this year. If you have any questions regarding this permit package please contact Mack Wiggins of the Central Office Stormwater and General Permits Unit at(919)733-5083,ext.542 Sincerely, for Alan W.Klimek,P.E. cc: Central Files Stormwater&General Permits Unit Files Asheville Regional Office 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Telephone 919-733-5083 FAX 919-733-0719 An Equal Opportunity Affirmative Action Employer 50% recycled/10%post-consumer paper -State of North Department of ivironment, Health and Natural Resources Division of Environmental Management `I James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary e A. Preston Howard Jr. P.E. Director E November 29, 1993 'tion i P, Martha King 594 Cowan Cove Road Asheville NC 28806 Subject: Certified Operator Requirements Single Family Treatment Systems NPDES Permit No.NCG550429 Buncombe County Dear Ms. King: During February of this year, public hearings were held on proposed changes to modify the operator certification rules. The proposed rules included a requirement that single-family discharge systems would be classified wastewater treatment facilities,which would require an annual inspection by a certified operator. The intent of the rule was to insure that the systems are being properly operated and maintained. During the public comment period, a significant amount of comments, statements and additional information was submitted. As a result, the Water Pollution Control System Operators Certification Commission amended the proposed rules. The rule, as adopted and effective July 1, 1993, now requires.single-family discharging systems to be classified only if they are permitted after July 1, 1993 or if upon inspection by the Division of Environmental Management (DEM) it is found that the system is not being adequately operated and maintained. Systems can be inspected,by DEM during routine compliance inspections, permit renewals, or complaint investigations. Once a system is classified, it will be required to have at a minimum, an annual inspection by a certified operator. It is important to remember that the NPDES permit is part of a Federal program administered by the State of North Carolina and that violations of the permit are enforceable by Federal and State laws. Although your system will not be required to have a certified operator at this time,proper operation and maintenance is needed for the system to function satisfactorily. In as much as each system must be individually designed and sited, special maintenance requirements may.apply to a specific installation. The attached maintenance schedule should however be applicable to most systems. The frequencies suggested are. considered to be the minimum necessary. More frequent attention may be needed.for a specific system and may be required by conditions of the permit. P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-0026 FAX 919-733-1338 An Equal Opportunity Affirmative Action Employer. 50%recycled/10% post-consumer paper Certified Operator Requirements NCG550429 Page 2 In addition to being required by your permit,proper maintenance of your treatment system is extremely important to the long term serviceability of your wastewater treatment system. If proper maintenance is not given to the system, it will fail and will result in major expenses for repairs. We would strongly encourage you to take the necessary action to insure that your system is operating properly. If we.can be of any assistance to you or if you have any questions or comments,please call Dwight Lancaster of our staff at(919)733-0026. . S' cerely, 4 Cin Fin upe isor raining and tion Unit cc:Asheville Regional Office-Water Quality Facilities Assessment Unit Central Files w State, of Forth Carolinas"',' Department of Environment, Health 1 and Natural Resources + • Division: of Environmental Management Jaynes"B. Hunt, Jr., Governor Jonathan B. Howes, Secretary H N F A. Preston Howard, Jr., P.E., Director September 30,1993 MARTHA KING KING RESIDENCE (MARTHA) 594 COWAN COVE ROAD ASHEVILLE NC 28806 Subject: KING RESIDENCE (MARTHA) Certificate of Coverage NCG550429 General Permit NCG550000 Formerly NPDES Permit NCO068624 Buncombe County Dear Permittee: The Division of Environmental Management has recently evaluated all existing individual permits for potential coverage under general permits currently issued by the Division. 15A N.C.A.C.2H.0127 allows the Division to evaluate groups of permits having similar discharge activities for coverage under general permits and issue coverage where the Division finds control of the discharges more appropriate in this manner.The Division has determined that the subject discharge qualifies for such coverage. Therefore,the Division is hereby issuing the subject Certificate of Coverage under the state-NPDES general permit no. NCG550000 which shall void NPDES Permit NC0068624. This Certificate of Coverage is issued pursuant to the requirements of North Carolina and the US Environmental Protection Agency Memorandum of Agreement dated December 6,1983 and as subsequently amended. If any parts,measurement frequencies or sampling requirements contained in this general permit are unacceptable to you,you have the right to submit an"individual permit application,associated processing fee and letter requesting coverage under an individual permit. Unless such demand is made,this decision shall be final and binding. Please take notice this Certificate of Coverage is not transferable. Part II,EA.addresses the requirements to be followed in case of change of ownership or control of this discharge. In the event that the facilities fail to perform satisfactorily, including the creation of nuisance conditions, the Permittee shall take immediate corrective action,including those as may be required by this Division, such as the construction of additional or replacement wastewater treatment or disposal facilities. Construction of any wastewater treatment facilities will require issuance of an Authorization to Construct from this Division. Failure to abide by the requirements contained in this Certificate of Coverage and respective general permit may subject the Permittee to an enforcement action by the Division of Environmental Management in accordance with North Carolina General Statute 143-215.6A to 143-215.6C. Please note that the general permit does require monitoring in accordance with federal law. The monitoring data is not required to be submitted to the Division unless specifically requested,however,the permittee is required to maintain all records for a period of at least three (3) years. Post Office Box 29535,Raleigh,North Carolina 27626-0535 Telephone(919)733-5083 FAX(919)733-9919 An Equal Opportunity Affirmative Action Employer 50%recycled-10%post-consumer paper 1 i rIA KING RESIDENCE (MARTHA) sate of Coverage No.NCG550429 strative action initiated by the Division of there e due at this time. Ir►accordance with current rules, issuance of this Certificate of Coveragefore,no fee are a under general permits. The only fee ronmen Management and there fees for coverag 31,1997. and compliance monitoring ermit exprres 1ulY Zo annual administrative responsible for is a renewal fee at the time of renewal. The general Permit. The Division will be will be po eneral p Procedures to the duration of the attached you will be notified of the ►s coverage will remain valid through the permit and at such time y procedure for continued ;ponsible for the reissuance of the g permit. Unless you fail to follatthatPched general permit• low to continue coverage under thermitted to discharge in accordance with ,verage,you will continue to be Pe with any and all eml Lured by the Division of EnvironmentaledMa Management .he Local Certificate of Coverage does not preceude the Permittee from comp plying he issuance ofYus C ces which may be q ement Act Y tatut.s,rules,regulations,or ordinances 'ts required by the Division of Land Resources,the CoastalArea Manage �r per e4 permit that may be.required. other governmental P this matter,please contact either the rmadon regarding number 704e 251-b208,or a review engineer in If you have any Questions or need additionalat ction t telephone num Asheville Regional office,Water Quality' Grow in the Centre Office at telephone number 919/733-5083. the hTPDES P S- erely, p,.Preston -low P.E. cc. Asheville Regional Office Central Files STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT, HEALTH, AND NATURAL RESOURCES DIVISION OF ENVIRONMENTAL MANAGEMENT GENERAL PERMIT NO. NCG550000 CERTIFICATE OF COVERAGE No.NCG550429 TO DISCHARGE TREATED DOMESTIC WASTEWATERS FROM SINGLE FAMILY RESIDENCES AND SIMILIAR WASTEWATERS UNDER THE NATIONAL POLLUNTANT 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, KING RESIDENCE (MARTHA) is hereby authorized to discharge treated domestic wastewater from a facility located at KING RESIDENCE (MARTHA) Buncombe County to receiving waters designated as the SMITH MILL CRK/FRENCH BROAD RVR BASN in accordance with the effluent limitations,monitoring requirements,and other conditions set forth in Parts I,11, III and IV of General Permit No. NCG550000 as attached. This certificate of coverage shall become effective November 1, 1993. This Certificate of Coverage shall remain in effect for the duration of the General Permit. Signed this day,September 30, 1993. A.Preston Howar ,Jr.,P.E.,Director Division of Environmental Management By Authority of the Environmental Management Commission `py a ',,. WA State of North Carolina Department of Environment,Health and Natural Resources Division of Environmental Management 512 North Salisbury Street Raleigh,North Carolina 27611 James G.Martin,Governor George T.Everett,Ph.D William W.Cobey,Jr.,Secretary Director May 1, 1991 Martha King 594 Cowan Cove Road Asheville,NC 28806 Subject: Permit No. NCO068624 Martha L. King Residence Buncombe County Dear Ms. King: In accordance with your application for discharge permit received on November 13, 1990, we are forwarding herewith the subject state - NPDES 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 US Environmental Protection agency dated December 6, 1983. 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 150B of the North Carolina General Statutes, and filed with the Office of Administrative Hearings, Post Office Drawer 27447, Raleigh, North Carolina 27611 -7447. Unless such demand is made, this decision shall be final and binding. Please take notice this permit is not transferable. Part H,B.2. addresses the requirements to be followed in case of change in ownership or control of this discharge. This permit does not affect the legal requirements to obtain other permits which may be required by the Division of Environmental Management or permits required by the Division of Land Resources, 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 Mr. Mack Wiggins at telephone number 919/733-5083. Sincerely, Original sigped-by Dale Over cash for George 1.Everett RECEIVED cc: Mr. Jim Patrick,EPA at r t ';ty fi Asheville;Regional Office Pollution Prevention Pays P.O.Box 29535,Raleigh,North Carolina 27626-0535 Telephone 919-733-7015 M A) An Equal Opportunity Affirmative Action Employer y ,',Y s ev01,,, Nate Carolina 0 Pernigo. NCO068624 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT, HEALTH, AND NATURAL RESOURCES DIVISION OF ENVIRONMENTAL MANAGEMENT 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, Martha L. King is hereby authorized to discharge wastewater from a facility located at Martha L. King Residence on Cowan Cove Road north of Asheville Buncombe County to receiving waters designated as Smith Mill Creek in the French Broad River Basin in accordance with effluent limitations,monitoring requirements, and other conditions set forth in Parts I, It, and III hereof. This permit shall become effective June 1, 1991 This permit and the authorization to discharge shall expire at midnight on September 30, 1995 Signed this day May 1, 1991 Original signed by base Overcash for George T. Everett,Director Division of Environmental Management By Authority of the Environmental Management Commission Permit No. NC0068624 SUPPLEMENT TO PERMIT COVER SHEET Martha L. King is hereby authorized to: 1. Continue to operate an existing wastewater treatment system consisting of a septic tank, and subsurface sand filter trench located at Martha L. King Residence,on Cowan Cove Road, north of Asheville, Buncombe County (See Part III of this Permit), and 2. Discharge from said treatment works at the location specified on the attached map into Smith Mill Creek which is classified Class C waters in the French Broad River Basin. m � _ O E m U 0 00 00 o o lf' z 4) a z cn ~ N N 3 C yL cl p 0 �� •C C N O d a m .0 0 LL CdW a C6 ° •� > 03 z E E w _ Y o 0 U) In W .� O O O N L s = o O E E a) 0 0 r 0 0 0 �q ,_. c o 0 0 + 2cd CIO 'd CA bO Q +� O z o� O y p, co 'a @ o r1 two v o ``�' `A ww c N _0 N � j N GJ W C15 Q Q O � Z 3 U) _ a Q w o O o m (D lL m H Z H PART I "Act" used herein means the Federal Water Pollution Control Act, As Amended. .'DEM" used herein means the Division of Environmental Management of the Department of Natural Resources and Community Development. "EMC" used herein means the North Carolina Environmental Management Commission. Definitions a. The monthly average, other than for fecal coliform bacteria, is the arithmetic mean of all the composite samples collected in a one-month period. The monthly average for fecal coliform bacteria is the geometric mean of samples collected in a one-month period. b. The weekly average, other than for fecal coliform bacteria, is the arithmetic mean of all the composite samples collected during a one-week period. The weekly average for fecal coliform bacteria is the geometric mean of samples collected in a one-week period. c. Flow, Mj/day (MGD) : The flow limit expressed in this permit is the 24-hour average flow, averaged monthly. it is determined as the arithmetic mean of the total daily flows recorded during the calendar month. d. Arithmetic Mean: The arithmetic mean of any set of values is the summation of the individual values divided by the number of indi- vidual values. e. Geometric Mean: The geometric mean of any set of values is the Nth root of the product .of the individual values where N is equal to the number of individual values. The geometric mean is equivalent to the antilog of the arithmetic mean of the logarithms of the indi- vidual values. For purposes of calculating the geometric mean, values of zero (0) shall be considered to be one (1) . PART 11 A. MANAGLMENT RF,QUIREMENTS 1. Change in Discharge All discharges authorized herein shall be consistent with the terms and conditions of this permit. The discharge of any pollutant identified in this permit more frequently than or at a level in excess of that authorized shall constitute a violation of the permit. Any anticipated facility expansions, production increases, or process modifications which will result in new, different, or increased discharges of pollutants must be reported by submission of a new NPDES application or, if such changes will not violate the effluent limitations specified in this permit, by notice to the DEM of such changes. Folluwing such notice, the permit may be modified to specify and limit any pollutants not previously limited. 2. Facilities Operation The permittee shall at all times maintain in good working order and operate as efficiently as possible all treatment or control facili- ties or systems installed or used by the permittee to achieve com- pliance with the terms and conditions of this permit. 3. Adverse Impact The permittee shall take all reasonable steps to minimize any adverse impact to navigable waters resulting from noncompliance with any effluent limitations specified in this permit, including such accel- erated or additional monitoring as necessary to determine the nature and impact of the noncomplying discharge. 4. Bypassing Any diversion from or bypass of facilities necessary to maintain com- pliance with the terms and conditions of this permit is prohibited, except. (i) where unavoidable to prevent loss of life or severe property damage, or (ii) where excessive storm drainage or runoff would damage any facilities necessary for compliance with the effluent limitations and prohibitions of this permit. The permittee shall promptly notify the Water Quality Section of DEM in writing of each such diversion or bypass. 5. Removed Substances Solids, sludges, filter backwash, or other pollutants removed in the course of treatment or control of wastewaters shall be disposed of in a manner such as to prevent any pollutant from such material from entering waters of the State or navigable waters of the United States. PART II b. Power Failures In order to maintain compliance with the.effluent limitations and prohibitions of this permit, the permittee shall either: a. Provide an alternative power source sufficient to operate the wastewater control facilities; or, if such alternative power source is not in existence, b. Halt, reduce, or otherwise control production and/or all dis- charges from wastewater control facilities upon the reduction, loss, or failure of the primary source of power to said waste- water control facilities. B. RESPONSIBILITIES 1. Right of Entry The permittee shall allow the Director of the Division of Environ- mental Management, the Regional Administrator, and/or their author- ized representatives, upon the presentations of credentials: a. To enter upon the permittee's premises where an effluent source is located or in which any records are required to be kept under the terms and conditions of this permit; and b. At reasonable times to have access to and copy any records required t-o be kept under the terms and conditions of this permit; to inspect any monitoring equipment or monitoring method required in this permit; and to sample any discharge of pollutants. 2. Transfer of Ownership or Control This permit is not transferable. In the event of any change in con- trol or ownership of facilities from which the authorized discharge emanates or is contemplated, the permittee shall notify the prospec- tive owner or controller by letter of the existence of this permit and of the need to obtain a permit in the name of the prospective owner. A copy of the letter shall be forwarded to the Division of Environmental Management. 3. Permit Modification After notice and opportunity for a hearing pursuant to NCGS 143-215. 1 (b) (2) and NCGS 143-215. 1(e) respectively, this permit may be modi- fied, suspended, or revoked in whole or in part during its term for cause including, but not limited to, the following: PART II a. Violation of any terms or conditions of this permit; b. Obtaining this permit by misrepresentation or failure to disclose fully all relevant facts; or c. A change in any condition that requires either a temporary or permanent reduction or elimination of the authorized discharge. 4. Civil and Criminal Liability Except as provided in permit conditions on "Bypassing" (Part II . A-4) and "Power Failures (Part II, A-6) , nothing in this permit shall be construed to relieve the permittee from civil or criminal penalties for noncompliance pursuant to NCGS 143-215.6 or Section 309 of the Federal Act, 33 USC 1319. 5. Property Rights The issuance of this permit does not convey any property rights in either real or personal property, or any exclusive privileges, nor does it authorize any injury to private property or any invasion of personal rights, nor any infringement of Federal, State, or local laws or regulations. 6. Severability The provisions of this permit are severable, and if any provision 01, this permit, or the application of any provision of this permit to any circumstance, is held invalid, the application of such provision to other circumstances, and the remainder of this permit shall not be affected thereby. 7. Expiration of Permit Permittee is not authorized to discharge after the expiration date. In order to receive authorization to discharge beyond the expiration date, the permittee shall submit such information, forms, and fees as are required by the agency authorized to issue permits no later than 180 days prior to the expiration date. Any discharge without a permit after the expiration will subject the permittee to enforce- ment procedures as provided in NCGS 143-215.6 and 33 USC 1251 et seq. . PART III A. PREVIOUS PERMITS All previous State water quality permits issued to this facility, whether for construction or operation, or discharge, are hereby revoked by issuance of this permit. The conditions, requirements, terms, and provisions of this permit authorizing discharge under the National Pollutant Discharge Elimination System govern discharges from this facility. B. CONSTRUCTION No construction of wastewater treatment facilities or additions thereto shall be begun until Final Plans and Specifications have been submitted to the Division of Environmental Management and written approval and Authorization to Construct have been issued. If no objections to Final Plans and Specifications have been made by the DEM after 30 days follow- ing receipt of the plans or issuance of this permit, whichever is latter, the plans may be considered approved and construction authorized. C. SPECIAL CONDITIONS 1. The Permittee shall be responsible for the following items regard- ing the maintenance of the treatment system: a. Septic tanks shall be maintained at all times to prevent seepage of sewage or effluents to the surface of the ground. b. Septic tanks need routine maintenance and should be checked at least yearly to determine if solids need to be removed or other maintenance performed. c. Contents removed from septic tanks shall be discharged into an approved sewer system, . buried or plowed under at an approved location within 24 hours, or otherwise disposed of at a location and in a manner approved by the State or local agency. 2. The permittee shall properly connect to an operational publicly- owned wastewater collection system within 180 days of its availability to the site. Part Ill Permit No. NCO068624 D. In the event that violations of the fecal coliform requirements of the North Carolina water quality standards occur as a result of this discharge, disinfection will immediately be required and the permit amended to establish a coliform effluent limitation. Tar ,_ �f4. Pem;, wo. NCO068624 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT, HEALTH, AND NATURAL RESOURCES DIVISION OF ENVIRONMENTAL MANAGEMENT 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, Martha L. King is hereby authorized to discharge wastewater from a facility located at Martha L.King Residence on Cowan Cove Road north of Asheville Buncombe County to receiving waters designated as Smith Mill Creek in the French Broad River Basin in accordance with effluent limitations,monitoring requirements,and other conditions set forth in Parts I, II, and III hereof. This permit shall become effective This permit and the authorization to discharge shall expire at midnight on September 30, 1995 Signed this day George T.Everett,Director Division of Environmental Management By Authority of the Environmental Management Commission Permit No. NC0068624 SUPPLEMENT TO PERMIT COVER SHEET Martha L. King is hereby authorized to: 1. Continue to operate an existing wastewater treatment system consisting of a septic tank, and subsurface sand filter trench located at Martha L. King Residence, on Cowan Cove Road, north of Asheville,Buncombe County (See Part III of this Permit), and 2. Discharge from said treatment works at the location specified on the attached map into Smith Mill Creek which is classified Class C waters in the French Broad River Basin. l N C 0 R 00 0 0 o c a� °' o d j z l o 0 N o � Cd N L o y � o Z a E ESe- a+ y CC C4 to O d 6 ui Q cd ZCd o Cl N cC a+ Cd d N .� •"" > ++ d I- c a - - � E E w H .0 O O O co Z 8Qtw '� o O � CA Q 4-4 Con o HtbN N H w Q o � a Z :3 as a w2 LL 0 z Part III Permit No. NCO068624 D. In the event that violations of the fecal coliform requirements of the North Carolina water quality standards occur as a result of this discharge, disinfection will immediately be required and the permit amended to establish a coliform effluent limitation. rxh �\, n TO: PERMITS AND ENCIEERING UNIT WATER QUALITY !',. T I ON � DATE: February 15, 1991 \ NPDES STAFF REPORT AND RECOMMENDATION COUNTY Buncombe PERMIT NUMBER NCO068624 PART I - GENERAL INFORMATION 1. Facility and Address: Scott and Martha King Residence 594 Cowan Cove Rd. Asheville, North Carolina 2. Date of Investigation: September 30, 1989 3. Report Prepared By: Kerry S . Becker 4. Persons Contacted and Telephone Number: 5. Directions to Site: The facility is located 0. 6 miles west of the intersection of NCSR 1324 and 1323 . The facility is located on the south side of Cowan Cove Rd (NCSR 1324) . 6. Discharge Point(s) , Lis�� for all discharge points: Latitude: 35 deg. 35 min. 29 sec. Longitude: 82 deg. 38 min. 09 sec . Attach a USGS map extract and indicate treatment facility site and discharge point on map. U. S.G. S. Quad No. E8 SW U. S..G. S. Quad Name Enka, NC 7. Size ( land available for expansion and upgrading) : 1/8 acre 8. Topography (relationship to flood plain included) : Flat; the portion of the property that contains the sandfilter trench appears to be relative.'ky saturated with water much of the year. 9. Location of nearest dwelling: N/A -10. Receiving stream or affected surface waters: Smith Mill Creek a. Classification: C b. River Basin and Subbasin No. : FBR 04-03-02 C. Describe receiving stream features and pertinent downstream uses: Smith Mill Creek: serves as habitat for the propagation and maintenance of wildlife. PART II - DESCRIPTION OF DISCHARGE, AND TREATMENT WORKS 1. Type of wastewater: 100 % Domestic Industrial a. Volume of Wastewater: 0. 0003 MGD (Design Capacity) b. Types and quantities of industrial wastewater: C. Prevalent toxic constituents in wastewater: d. Pretreatment Program (POTWs only) : in development approved should be required not needed 2. Production rates (industrial discharges only) in pounds per day: a. Highest month in the past 12 months: lbs/day b. Highest year in the past 5 years: lbs/day 3 . Description of industrial process (for industries only) and applicable CFR Part and Subpart: 4. Type of treatment (specify whether proposed or existing) : The existing facility consists of a. septic tank followed by a subsurface sandfilter trench. 5. Sludge handling and disposal scheme- Licensed commercial septic tank cleaning firm 6. Treatment plant classification: Less than 5 points; no rating (include rating sheet, if appropriate) . N,/A 7. SIC Codes(s) : 4952 Wastewater Code(s) : Primary 04 Secondary `PART III - OTHER PERTINENT INFORMATION 1 . Is this facility being constructed with Construction Grant funds (municipals only)? 2 . Special monitoring requests: 3 . Additional effluent limits requests: 4. Other: PART IV - EVALUATION AND RECOMMENDATIONS The Asheville Regional Office recommends that NPDES Permit #NCO0668624 be renewed in the names of Scott and Martha King. l� Signature of Report Preparer vhx W ter. Qialit Regional Supervisor Dat SrAIZ State of North Carolina ent of Environment, Health, and Natural Resources Division of Environmental Management 512 North Salisbury Street • Raleigh, North Carolina 27611 James G.Martin,Governor George T.Everett,Ph.D. William W.Cobey,Jr.,Secretary Director 11/21/90 Martha King 594 Cowan Cove Road Subject : NPDES Permi_ Application Asheville, NC 28806 NPDES Permi- NO.NC0068624 Martha King Residence Dear Ms. King Buncombe county This is to acknowledge receipt of the following documents on N-vember 21, 1990 : Application Form Engineering Proposal (for proposed control facilities) , Request for permit renewal, Application Processing Fee of $25.00, Other Deed showing ownership., The items checked below are needed before review can begin : Application Form , Engineering proposal (see attachment) , Application Processing Fee of $25.00 Delegation of Authority (see attached) ' Biocide Sheet (see attached) Other Need a letter from Martha King_rr questing that the permit be put in her name only, along with concurrance from Scott King If the application is not made complete within thirty (30) days, it will be returned to you and may be resubmitted when complete . This application has been assigned to Mack Wiggins (919/733-5083) of our Permits Unit for review. You will e a--vised ot any comments recommendations, questions or other information neceSsary for the review of the application. I am, by copy of this letter, requesting that our Regional Office Supervisor prepare a staff report and recommendations regarding this discharge . If you have any questions-regar�-�`l ng this applications, please contact the review person listed above .---, Sincerely; ECEIVED Dale Ove h P .E ` 'a I )iY t CC: Asheville Regional Office PoRudon Prevention Pays a lRe,,;, Office ; 3��'t 'a��l e�,avil�� vil1C6 P.O.Box 27687,Raleigh,North Carolina 27611-7687 Telephone 919-733-7015 She�I l)8,14orth Carolina NORTH CAROLINA DEPARTMENT OF ENVIRONMENT, HF:A,T,TH, AND NATURAL RESOURCES ENVIRONMENTAL MANAGEMENT COMMISSION NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM APPLICATION NUMBER APPLICATION FOR PERMIT TO DISCHARGE - SHORT FORM G FOR a Z AGENCY USE DATE RECEIVLD To be filed only by services, wholesale and retail trade. D i and other commercial establishments including vessels YEAR Mo. DAY Ch• No 3a�''`l Do not attempt to complete this form without reading the accompanying instructions Please print or type K.-Name, address, and telephone number of facility producing discharge A. Name CCU B. Street address OWAr� ' d C. city fiRbilddlj) 0. state E. County ';.-' F. ZIP G. Telephone No. STY 1701 tau! of fo--v, )57TX1-7'F A. /Z-�GSS Area Code A,�Jd `I�)^oKCi:L-lf- s 15 A 5e-ASZ*V14-'� 2. SIC (Leave blank) 3. Number of employees 4. Nature of business 5. (a) Check here if discharge occurs all year or �' z (b) Check the month(s) discharge occurs: •' 1.0 January 2,o February 3.o March 4.o April 5.0 May 4- . 6.0 June 7.a July 8.0 August 9.o September 10.aOctober 11.❑November 12 o December (c) How many days per week; 1.01 2.0 2-3 3.0 4-6 4,0 6-7 6. Types of waste water discharged to surface waters only (check as applicable) Flow, gallons per operating day Volume treated before discharging (percent) Discharge per operating day 0.1-999 1000-4999 5000-S999 10,000- 50,000 None 0.1- 30 65- 95- 49,999 or more 29.9 64.9 94.9 100 (1) (2) (3) (4) (5) (6) (7) (8) (9) (10) A. Sanitary, daily average B. Cooling water, etc., daily average C. Other discharge(s), daily average; Specify _ 0. Maximum per operat- ing day for combined discharge (all types) 1. If an of the t Y types of was in item 6. either treated or'- treated. are discharged to es other than surface waters, check bel as applicable. Waste water is discharged to: 0.1-999 1000-49" 5000-9999 10,000-49,999 50.000 or more (i) (2) (3) (4) (5) A. Muntr.iiral %(!WVr System II, Ihul� rgrnunA We'll C. ,ePtAr tank U. Evaporation lagoon or pond E. Other, specify: 8. Number of s rate discharge points: A. B.O 2-3 C,o 4-5 D,a 6 or more 9. Name of receiving water or waters _ .� . .10. Does your discharge contain or is it possible for your discharge to contain one or more of the following substancesjdded as a result of your operations, activities, or processes:. ammonia, cyanide, aluminum, beryllium, cadmium, chromium, copper, lead, mercur , nickel, selenium, zinc, phenols, oil and grease, and chlorine (residualT. A.O#t-s" 0.0 no 2 I certify that I am familiar with the information contained in the application and that to he best of my knowledge and belief such information is true, complete, and accurst . Prin ed Name of Person Signing Date Application gnn i a w of App scant 3rth. Carolina General Statute 143-215.6(b) (2) provides that: Any person who knowingly makes zy false statement representation, or certification in any applicat�on, 'record, report, plan, r other document files or required to be maintained' under Article 21 or regulations of t o ivironmental *Management Commiss�On implemSuttng that Article, or who falsifies, tamers w;th, knowly renders inaccurate any-recording or nonitoxing device or method required to be aerated or maintained under Arctale 2i_•oc regulation's -of the Environmental Management Cotmi.gs;o� aplementi'ng that Article, shal3 be.'gui�.ty of a misdemeanor punishable by a -fine not to exceee? L0,000, or by imprisonment not to exceed six months, or by both. (18 U.S.C. Section 1001 prow:__ punishment by a fine of`iiot more than $10,000 or imprisonment not more than 5 years, or both, ` )r a similar offense.) — STATE OFu ^ ,, Real Estate = REGISTCT�[C m ft = Exci�eTax =4 OLIN 5ti t, o--- -- - '90 SEP 28 P 1 :01 _N _ g8. 00 pB.IIU32 EiUNGOMtiE COEE0Cf5� Excise Tax 80.00 R6lding Time,Book and Page 172, Ward 12, Sheet 18 12-55065 TaxLot No. .......................................................................................... Parcel Identifier No. ................:......................................................... Verifiedby ....................................................................... County on the ................ day of ..................................................... 19....... by ........ ....................................................................................................................................................................................................... Place in box of Eubanks & Schaich, P.A.- Mailafter recording to ................................................................................................................:..............................................—.................... ...................................................................................................:............................................................................................................................... This instrument was prepared by .....Eubanks...&...Scha7.Ch.—P.-A....................................................................................................... Brief description for the Index I 1 .41 Acres, Hazel Township NORTH CAROLINA GENERAL WARRANTY DEED THIS DEED made this ....28th.. day of.....September ..... . 19..90......by and between GRANTOR GRANTEE DONALD CHARLES ROWAN and wife, SCOTT D. KING and wife, ANN EW4A ROWAN MARTHA L. KING 594 Cowan Cove Road Asheville, NC 28806 Enter inappropriate block for each party: name,address,and,if appropriate, character of entity,e.q. corporation or partnership. The designation Grantor and Grantee as used herein shall include said parties, their heirs, successors, and assigns, and shall include singular, plural, masculine, feminine or neuter as required by context. WITNESSETH, that the Grantor, for a valuable consideration paid by the Grantee, the receipt of which is hereby acknowledged, has and by these presents does grant, bargain, sell and convey unto the Grantee in fee simple, all that certain lot or parcel of land situated in the City of ........................................................... .............Hazel...................... Township, Buncombe County,North Carolina and more particularly described as follows: BEGINNING at a stake located in the common line of Riester and Young, said stake being located the following courses in distance from an iron pin set in the Southern margin of the right of way of Cowan Cove Road at the common corner of Riester and Young, South 15 deg. OO min, West 111 feet and South 56 deg. 00 min. West 44 feet and running thence from said Beginning point thus established with the line of Young, South 31 deg. West 176 feet to a large black gum; thence leaving Young's line North 76 deg. 31 min, West 130,30 feet to an iron pin located in the margin of a 12 ft. right of way; thence with said right of way North 25 deg. 33 mina East 99.4 feet to an iron pin also set in the margin of the aforementioned right of way; thence leaving the right of way North 80 deg, 16 min, East 116.33 feet to an iron pipe; thence North 79 deg. 28 min. East 60.86 feet to the point or place of BEGINNING. Containing ,41 acres more or less and being a portion of the property conveyed by Azalee Emiliano to Francis P. Riester and wife, Jean B. Riester by deed dated April 21, 1980, and recorded in Deed Book 1242 at Page 273, of the Buncombe County Registry. N.C.Bar Assoc.Form No,a;D 1979.Revised 1977. Printed by CornerStone Printers,Inc. Pri^<N by A,rttm<n,ritb IN N.C.ear A«a<.•1981. ea1620059 TOGETHER with a right of way 12 ft. in width for purposes of ingress and regress,, said right of way beginning at a point located South 87 deg. 12 min. 40 sec. West 191.62 feet from a stake located in the margin of Cowan Cove Road at the common corner of Young and Riester and running thence from the South margin of Cowan Cove Road South 1 deg. 13 min. West 85.68 feet; South 25 deg. 33 min. West 96.87 feet and South 25 deg. 33 min, West 99.4 feel:. The property hereinabove described was acquired by Grantor by instrument recorded in .............................................................. Deed Book 1412 at Page 036, Buncombe County Registry .................................................................................................................................................................................................................................... A map showing the above described property is recorded in Plat Book'.................................... page......................... TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging to the Grantee in fee simple. And the Grantor covenants with the Grantee, that Grantor is seized of the premises in fee simple,has the right to convey the same in fee simple, that title-is marketable and free and clear of all encumbrances,and that Grantor will warrant and defend the title against the lawful claims of all persons whomsoever except for the exceptions hereinafter stated. Title to the property hereinabove described is subject to the following exceptions: Subject to easements, restrictions and rights-of—way of record. IN .WITNESS WHEREOF, the Grantor has hereunto set his hand and sea, r if corporate,has caused this instru t to be signed in its - corporate name by its duly authorized officers and its seal to be hereunto affl�y aulhorit o! (t yBoard of.Direct s, a day and year first above written_ y//� �`�=��L�-�� ---------(SEAL) (Corporate Name) .; DON D CHARLES ROWAN >; _ G � - By: ______________________ \ L4 ANN BMMA ROWAN ----------------------------President ,♦ - ATTEST: _____________________________________________________________(SEAL) A _______________________________________________________________ A i ••n- __secretary(Corporate Seal) n , _$EaIL-STAMP Y• . NORTH CAROLINA, Buncombe I,a Notary Public of the County and State aforesaid, certify that Donald Charles Rowan and Ann_Emma_Rowan___ Grantor, m -------------------------------------------- - ----------------------------- �:�� i' �q� � personally appeared before me this day and acknowledged the execution of the foregoing instrument.Witness my d 28th September 90 ...••'i-r'% - hand and official stamp or seal,this________day of_______________________ _ ________ ___, 19------ `.fy commission expires:J-•X_lL:_IZ__,__________ �;Jf1_ -_ - --- No Public �� iJ SEAL-STAMP NORTH CAROLINA- ----------------------------------County. I,a Notary Public of the County and State aforesaid, certify that _________________________________________- g personally came before me this day and acknowledged.that____he Is ___________________________ Secretary of e Y .______________________________________________________a North Carolina corporation,and that by authority duly u a given and as the act of the corporation, the foregoing Instrument was signed.in Its name by its_______________ N N President,sealed with Its corporate seal and attested by ___________as its___________________________ Secretary. - Witness my hand and official stamp or seal,this _______day of---------------------------19_.______. My commission expires:_____________________________________________________________________-._ Notary Public -The foregoing Certificate(s) of __ ----_----_---_------------__________________-------------__------------- _ _ ___ _ _ is/are certified to be correct.This instrument and this certificate are duly registered at the date and time and in the Book and Page shown on the first page hereof. - ---------------L/Jf�!��!_�_`� _____ __ _��-_Lti• FOR -------------------REGISTER OF DEEDS _ - _________COUNTY i___`_________DeputY/A»ict�nt-Register of Deeds----- -- --- _------_ N.C.Bar Assoc.Form No.3 m 197-6,.Revised 1077.- Printed by Cornerstone Printers,Inc. SATISFACTION:This debt secured by the within Deed of Trust together .M SEr 28 P 1 ,07 with the note(s) secured thereby has been satisfied in full. This the day of 19 Signed: -- -_---- Recording:TIM:5 3fOY Ds j Tax Lot No. Parcel Identifier No, Verified by County on the day.of , 19i by Mail after recording to Place in Box for Eubanks & Sehai ch, P.A.- - This instrument prepared by Eubnaks & Schaich, P.A. - --- -- Brief Description for the index NORTH CAROLINA DEED OF TRUST THIS DEED of TRUST made this 28th day of September 1990, byandbetween: GRANTOR TRUSTEE BENEFICIARY SCOTT D KING, AND WIFE MARTHA L. KING NORMAN V. SCHAICH DONALD CHARLES ROWAN AND WIFE ANN EMMA ROWAN Enter in appropriate block for each party: name,address,and, if appropriate,character of entity,e.g.corporation or partnership. The designation Grantor, Trustee,and Beneficiary as used herein shall include said parties,their heirs, successors,and assigns,and shall include singular, plural, masculine, feminine or neuter as required by context. WITNESSETH,That whereas the Grantor is indebted to the Beneficiary in the principal sum of Sixty-Three Thousand, Three Hundred _-_Eighty-Five and 10/100-------------_-_----------------=--------------- 63 5.10 -s evidenced by a Promissory Note of even date herewi the terms of which are incorporated herein by reference. TDhe(Ifinal$due date or payment of said Promissory Note,if not sooner paid,is June M 2007 NOW, THEREFORE, as security for said indebtedness, advancements and other sums expended by Beneficiary pursuant to this Deed of Trust and costs e collection(including attorneys fees as provided in the Promissory Note)and other valuable consideration,the receipt ofwhich is hereby acknowledged,the Grantn has bargained, sold,given,granted and conveyed and does by these presents bargain, sell, give, grant and convey to said Trustee, his heirs,or successors,an assigns,the parcel(s)of land situated in the City of Hazel ' Townsfiil Buncombe County,North Carolina,(the"Premises")and more particularly described as follow (See Attached) N' n the vests,seems and eondisisens,and for the uses c AND TO HOLD said Premises with all privileges and appurtenances Ihereunt ing,in said Trustee,his heirs,successors,and assigns forever,upo ,a,set forth. dal comply with .e Gramar shall pay the aultin Nom secured hereby in acordance wish its terms,together wilh r thereon.and any renewals orniensk is Ihereaf in whole at in pan,all other wins cured h (here shall be any o1�Rie covenant,terms and conJitnns of this Deed of Trust,then this conveyance shall be null and said aand may be cancelled of record at the equal and the expense athedw,dawo fit the Lranmr.II, r4ult lal m the covenants,terms at c do,under the onditionsof the Nrethissecw d herebyof �or anY failut of any re ar nu led tment o tomplyhwith the covenants,mon%or condie Note and such default is not cured t u srconUined ithin ten n this DeadfDeed of Trust or any rher ins unreel securn.she ray of the other eg Awe and such default is not cured within fifteen 1151 days after wntln rrolite,then and in any.pled event,wnhouslunwvjoim,it shall clip an obis and such hfiuty of the Tutee.upon request of she beneficiary,to sell la nr land herein conveyed at public auction Im cash,after having fart giving much notice of hearing as to erunmeMement ul lorebwrc prxredmn such dggss and obtained such findings or le:a with the law than ave it ours as may then be"oiled red by lave. .nd giving much notice and advertising the time and place of such sale in such manner as may than be provided by law. a eyed.Thand e Tu tee shallahe authorized to rny motes and etain n an anonIp represent him inasuchsproceedr gs. nuceedmgs under power of sale Ito convey title to the purchaser in as lull and ample manner as the Trustee is empow Thepfuceeds of the Sale shall aher the Trust"retaim hh commission,lugrther with reasonable attorneys lens incurred by the Trustee in such proceeding,be and othplieder to the cost nlit�,Including,but not according Ira,cow Jt cageeion,taus.+ssnsments,crts of rcordin&service lees and incidental eapendnudes,the amount dun on the Note hereby secured and advance mants and olhn mums expended by the Beneficiary according to the prowmn+herea crud rherwne as required bythr Ihrn exislinglaw rrLefing to farerlosurrs.The Tutee's commission shall be five percent(5%1 of the grass pro[etds of lire lair or the minimum sum of 3 wmcheva a grepauer,lot a comylet fofeekwfe.In the envgens foreclosure is commuted.but nr completed,he Grantor shall pay all expenses incurred by Tance wit the rust".including ieasonabie anon I lees,and a pain+I r w s i notice orheeing n Iheeright m'frecbwre:omit.?N. reidabledn her issuance of said notice. minimthree-the Above stated fqurlhs(441 tlienichever is ol after such heater.In eading;and the geate of the lull commission minimumule,Iowa: vim She she initial sale. And the and Grantor does hi eby covenant and agree with the Trustee as follows: and such other 1.INSURANCE.and torshcolmcnre and far such"n laid less than that am em necessary to theso.to cued by this Deed of T uefit of the st.aand s ainst mayss be ut'rdacldoryto the Beneficiary'Grantor shallll purchase such m such manna an r lad y +urance,pay+ll companies and droll deliverm Beneficiary such policies along with evidence or premium Payment as bog as the Note secured hereby remains unpaid.II Grantor jails to puehave su added 1.the ch insurance. them rluy prcmiu helNu efocured try this Used nl Trull.and skall be due arvd payabir ujwn demand of B eelnary.A I pre[cells ch rrtce Such amounts paid ryhmannh ase so a Im any insurance somaintainedshall al the option of efury be applied to the deb secured �errcby and d payable m intallments,applied in the inwvse orJet of awmy of such installments or to the repo r or reconstruction of any improvements looted upon the Popery. 7.TAXES,ASSESSMENTS,CHF.RGES.Gnmor shall pay all(axes.assnsmente and[hargn as may be lawfully levied against said Premises within thirty be added days aher the same shell becoa due.In the Deem that Grantor and ads la w pay all uxn,assessment and chafgn as herein required;then Beneficiary.al his option,may pay the umc and the amount so paid shag 6e added to the principal of the Nate secured by this Deed of Tut,and +hail be Aue and payable upon demand of Banelicary. d.ASSIGNMENTS OF RCNTS AND PROFITS.Grantor asdgqns to Bannc ary,in the resew al default,ail reran and profit fro a the nand and any he cam of mle Iherand and collection, aBeneficiary ai ever upo ebt secured prsndon al weir land and rmprovemntb m rent amr,t any mawnabk air of rent Aetrfmined by Beneficiary,and after deducting tom any much rent the cam ofrekatng and[nclud d i o his D the remainder to gee dent secured hereby. 4.PAR f1AL RELEASE.Ganes shall ram be enttlled to the partial release of any al the above described propny unless a specific provision Grantor Ihnelor b included to this Deed of Tut.In the event a partial release pmviuon is included in this Deed of Tus6 Granwr must stdrlly comply wish the terms lhrreo(.Natst,an andmg anything beret^that may b Grantor shall nor be emitted to any release of property unless Gnnmd is not m Jrauh and n in full compkawe with all al the terms and provisions of the Note,this Dead of Trust,and any rher mslrumeN Thal may be securing old Note. S.WASTE.The Grantor covenant that he will keep the Premises herein conveyed in as good order.repair and condition as they are now,reasonable wear and tear excepted,and will comply wish all governmental equiremeos fespedog,she Premises or Ibeir use.and that he will not commit or Permit any waste. a:CONDEMNATION.In the event that any of all of the Premises shallbecudemned and taken the powerofemnens domain.Grantor shall give immedtewritten nal(te topBeneBciaryand Baneficid- f m have th. to the indebtedness duel hereunder and I payable ntmlall ems,of such taking. a prle+d in th and the right nvene order to such algmaturityffsuchginsallm installments.a to uto any alteration who shall •repae their or teesloaion all the Premises bysG Grantor. or any pan 7,WARRANTIES.Grantor covenants with Trustee and Beneficiary that he is seized of the Premises in leesimple,handle sighs toconveythe sameInfee simple,thanlifeIs marketable dand treeandotterof all ing excemcn: and that he will warrant and defend the title against the lawful claims of all persons whomweveI,except for the exceptions hereinafter slated.TBle to the property heeimbove desctibed'is subject to the following exceptiom: see,shall die,become incapableo(acting,renounce his trust,of for any a.SUBSTITUTION OfI RUSTLE.Grantor and Trustee covenant and agreeto and nith eneficiarythat incase the mid Trustee,r any successor fu —son the holder of the Noe desires to repute aid Trustee.then the holder may appoint,to writing,a uutee to like the place of the Trustee;And upon the probate and legiumuon of the mine,the autee thus appointed +snail succeed to all rights,pawns and duties of the Trustee. THE FOLLOWING PARAGRAPH,9..SALE OF PREMISES,SHALL NOT APPLY.UNLESS THE BLOCK TO THE LEFT MARGIN OF THIS SENTENCE IS © MARKED AND/OR INITIALED. a,whensim y.SALE Of PREMISES.Cranial agrees that if the Premises rher encumtirane thereof e auiwrdimte to this D eA nafsiruel soh¢dues norened!eltr to a trconveansfer of fights of mcupancyyin he Pemises;till the crew iron orf a Purchase mosney operation of bw lother than:it)the creation of+hen or corny imeret for household Appliances;thisatransl i6ndlmm the death of a Gamin:tahatamfeeiwhe.the joint in children of the Grantor becomethe sawner of the Premiseintrrlii)a 1fansfe31resultin ears f hornad cree less not �of gg in option to purchase:(vl a Vansler to o relative re g yy which g A dnwlotion of manrage,legal separation agreement. t fmin an incidental s not else lu a trans soil lrr lit of ent ucculancybin the Presmisnj•awtthout the prior wnfc'tten consent of Bnfel ciJ Premises'Beneficiary,at it transfer hown option.may declare he with the Grantor is and remains beneficiary and which g of Note unve err u hdhDi HiAnd all ion of am Ioriysinierest n lire G amrbf A orporat ran w sarin.ue anti ,,hip.wha. rther msnm lift Mc-Ii the sale. d and whNher or not(r considr aeon,shall be deemed so be the l ranter pl if the an interest indihr Premises. Y Pa IB.ADVANCEMENTS.It Grantor shall fail to perform aryl of she covenants or ohligatiom contained herein win an oshn Instrument given as addilianai security for the Nre secured hereby.the iby ho Beneficiary may,but without u. bpAr interest at the rate in erbel,l lsedue lady acesGia oPe dmund such oveat the antsmIteneirciJfy.Nu advantemem oh anything mmaured sums SO advanad snnthis ll be aragaddraph shall onststitue a wpal win.saverilfr bi Beneficary,or prevent such failu a Io perform ham constituting and event of delauh. 11.INDEMNITY.If any wit or proceeding be brougght against the Trustee or Beneliciary Of if any suit or proceeding be brought which mat affen the slue m risk otthe Premises,Grantor shall delenJ,indemnify and had harmins and on demand reimburse Tuslee w Benefrdary from any lass,cat•damage or expense and any sums expnded by Trusser m Beneficiary shall hear imerex as provided in the Note scored hereby for sums Jae ,net default and shall be due and payable an demand. in tire exercise of I7.WAIVERS iGisml shall beedaed rights to via require of any drllling of ault or acq is IN there f ir%um.m shall iml)it of No dwaive the ne or nise o(sr of the chslight.sP revl•r or remedy by Trustee or any eneftiary at any other remedy time.g under the Note or this Deed u I T.CIVIL ACTION.In the event that the Trustee is mined as a pant fro any civil action as Trustee in this Deed of Trust.the Trustee an shall he o the nc employ an Note attorneye law•including himself A b is a licensede ai Attorney to represent him in said action and the reasonable Attorney's fee of the Truster in such action shall be paid by the Beneficiary and added Ito the principal of she Noe seined by this IRed of Tut and bear interest a1 the roe provided in the Note for sums due after default IL PRIOR LIENS.Default under the terms of any instrument secured by a lien to which this Deed of Trust is subordinate shall contitue default hereunder. 15.OTHER TERMS. IN WITNESS WHEREOF.the Grantor has hereunto sit his hand and seal,or f(curyoate•has caused this instrument to be signed in its car ate name by its duly authorized officers and its seal to be hereunto affixed by Board of its Brd or Directors,the day and year first above written. (Corporate Name) Z. c L. (SEAL) O c T G (SEAL) 9y. President ro RTHA L. KING (SEAL) ATTEST: O0 i:.. (SEAL: Secretary(Corporate Seal) SEAL•5ff AP - NORTH CAROLINA, C nty. ? •i :,:'Yes L a No Publi of the un v wind state aforesaid,c Grantor. ertify thatn� a '7}'��l' it S4 % Grantor. .personally appeared before��mvve//,tt Is ay and rack owle�/¢red the execution of a foregoing instrum/ent�.Witte ;" hna nd arc official stamp or seal,this��day oft " c� �� ryPubli My Commission expires: SEAL-STAMP NORTH CAROLINA, County. 1,a Notary Public of the County and state aforesaid,certify that Y Secretary personally appeared before me this day and acknowledged that—lie is it a North Carolina corporation,and that by authority du Co 1 given and as an act of the corporation,the foregoing instrument Was signed in its name by its President,sealed with its corporate seal and attested by as its Secretal Witness my hand and official stamp or seal,this,day of t9—• My Commission expires: Notary Pub I The foregoing Cenificate(s)of is certified to be Corr t T is Jnstrume ar Is ce'ficate ar ly registered at the date and time And in the o and Page Sho n on the first pa hereeof. DEE DeputyfAssicldnt-Register of Deeds. ��- __, .. .. �-�,.. •.. .. �+-.f� _�, ��.., .emu,be,�..�«.�,a� �. - ATTACHMENT BEGINNING at a stake located in the common line of Riester and Young , said stake being located the following courses in distance from an iron pin set in the Southern margin of the right of way of Cowan Cove Road at- the common corner of Riester and Young, South 15 deg . 00 min . West 11,1 feet and South 56 deg. 00 min . West 44 feet and running thence from said Beginning point thus established with the line of Young , South 31 deg. West 176 feet to a large black gum; thence leaving Young' s line North 76 deg, 31 min . West 130 . 30 feet to an iron pin located in the margin of a 12 ft. right of way; thence with said right of way North 25 deg . 33 min . East 99 . 4 feet to an iron pin also set in the margin of the aforementioned right of way; thence leaving the right of way North 80 deg . 16 min . East 116 . 33 feet to an iron pipe; thence North 79 deg. 28 min. East 60 . 85 feet to the point or place of BEGINNING. Containing . . 41 acres more or less and being a portion of the property conveyed by Azalee Emiliano to Francis p . Riester crdedwife , inJean DeedBBook Riester April 1980 , and recorded 1242 at Page 273 , of the Buncombe County Registry. TOGETHER with a right of way 12 ft . in width for purposes of ingress and regress , said right of way beginning at a point located South 87 deg . 12 min . 40 sec . West 191 . 62 feet from a . . stake located in the margin C�unningVthence from the thecommon South cornerof Young and Riester and margin of Cowan Cove Road South 1 deg. 13 min. West 85 . 68 feet; South 25 deg. 33 min . West 96 . 87 feet and South 25 deg. 33 min . West 99 . 4 feet. - 1= V CI l V tr y DEC 186 State of North Carolina Department of Natural Resources and Community Development Division of Environmental Management 512 North Salisbury Street • Raleigh, North Carolina 27611 James G. Martin, Governor R. Paul Wilms S. Thomas Rhodes, Secretary November 19, 1986 Director Mr. Donald C. Rowan 1410 56th Street West Brandonton, FL. 33529 SUBJECT: Permit No. NCO068624 Authorization to Construct Rowan Residence Buncombe County Dear Mr. Rowan: A letter of request for an Authorization to Construct was received September 26, 1986 by the Division and final plans and specifications for the subject project have been reviewed and found to be satisfactory. Authorization is hereby granted for the construction of a 300 GPD wastewater treatment facility consisting of settling and storage in a baffled septic tank (1000 gallon capacity) and a 270 square foot subsurface sand filter with a distribution box and polyethylene lining to serve the 2-bedroom Rowan residence on .Cowan Cove Road in Buncombe County. This Authorization to Construct is issued in accordance with Part III paragraph B of the NPDES Permit No. NCO068624 issued October 1, 1986, and shall be subject to revocation unless the wastewater treatment facilities are constructed in accordance with the conditions and limitations specified in Permit No. NC0068624. The sludge generated from these treatment facilities must be disposed of in accordance with G.S. 143.215.1 and in a manner approvable by the North Carolina Division of Environmental Management. The Asheville Regional Office, telephone number 704/253-3341 shall be notified in advance of backfilling of the installed system so that an in-place inspection can be made. Such notification to the Regional Supervisor shall be made during normal office hours from 8:00 a.m. until 5:00 p.m. on Monday through Friday, excluding State Holidays. In event the facilities fail to perform satisfactorily in meeting its NPDES permit effluent limits, the permittee shall take such immediate corrective action as may be required by this Division, including the construction of additional wastewater treatment and disposal facilities. Pollution Prevention Pays PJD Bar 27687, Rakigh,North Carolina 27611-7687 Tekphone 919-733-7015 A.F..a Au,—.,... AA—F-4 ...' The septic tank must be pumped once a year and the filters must be rehabilitated as needed but should be inspected no ,less than once every three years of operation. The sand media of the sub-surface filter must comply with the Division's sand specifications and must be analyzed and approved by this Division either by direct sampling or by acquisition of filter sand from a dealer who is currently certified by the Division as an acceptable source. The minimum pipe size shall be four (4) inches and the minimum slope is one (1) percent. The minimum influent and effluent pipe cover is eighteen (18) inches. If you have any questions or need additional information, please contact Mr. Samuel Bridges, at telephone number 919/733-5083, ext. 177. Sincerel yours, R. Paul Wilms C r/ cc: Buncombe County Health Department Mr. Dennis R. Ramsey Asheville Regional Supervisor 1J h State of North Carolina Department of Natural Resources and Community Development Division of Environmental Management 512 North Salisbury Street • Raleigh, North Carolina 27611 James G. Martin, Governor R. Paul Wilms S. Thomas Rhodes, Secretary October 1, 1986 Director CERTIFIED MAIL RETURN RECEIPT REQUESTED Mr. Donald C. Rowan 1410 56th Street, West Bradonton, Florida 33529 SUBJECT: Permit No. NCO068624 Donald C. Rowan - Residence Buncombe County Dear Mr. Rowan: In accordance with your application for discharge permit received on September 18, 1986, we are forwarding herewith the subject State NPDES 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 December 6, 1983. If any parts, measurement frequencies or sampling requirements contained in this permit are unacceptable to you, you may request a waiver or modification pursuant to Regulation 15 NCAC .0508(b) by written request to the Director identifying the specific issues to be contended. Unless such request is made within 30 days following receipt of this permit, .this permit shall be final and binding. Should your request be denied, you will have the right to request an adjudicatory hearing. Please take notice that this permit is not transferable. Part II , B. 2. addresses the requirements to be followed in case of change in ownership or control of this discharge. This permit does not affect the legal requirement to obtain other permits which may be required by the Division of Environmental Management or permits required by the Division of Land Resources, Coastal Area Management Act or any other Federal or Local governmental permit that may be required. RECEIVED Continued . . . t*F '*lity Division OCT14 1966 t ak Pollution Prevention Pays P.O.Box 27687, Raleigh, *rth Carolina 27611-7687 Telephone 919-733-7015 An Equal Opportunity Affirmative Action Employer Page Two Mr. Donald C. Rowan If you have any questions concerning this permit, please contact Mr. Dale Overcash, at telephone number 919/733-5083. R. Paul Wilms cc: Jim Patrick, EPA 1kAsks" V DO/gwt i Permit No. NCO068624 STATE OF NORTH CAROLINA DEPARTMENT OF NATURAL RESOURCES & COMMUNITY DEVELOPMENT DIVISION OF ENVIRONMENTAL MANAGEMENT P E R M I T To Discharge Wastewater Under the NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM In compliance with the provisions 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, DONALD C. ROWAN is hereby authorized to discharge wastewater from a facility located at Donald C. Rowan Residence on Cowan Cove Road _Buncombe County to receiving waters designated as Smith Mill Creek in the French Broad River Basin in accordance with effluent limitations, monitoring requirements, and other conditions set forth in Part 1, 11 , and III hereof. This permit shall become effective October 1, 1986. This permit and the authorization to discharge shall expire at midnight on Seotember, 30, Signed this day of October 1, 1986. R. PAUL WILMS, DIRECTOR DIVISION OF ENVIRONMENTAL MANAGEMENT BY AUTHORITY OF THE ENVIRONMENTAL MANAGEMENT COMMISSION Mi & 11 Perrpit No. NC0068624 SUPPLEMENT TO PERMIT COVER SHEET Donald C. Rowan is hereby authorized to: 1 . Enter into a contract for construction of a wastewater treatment facility, and 2. Make an outlet into Smith Mill Creek, and 3. After receiving an Authorization to Construct from the Division of Environmental Management construct and operate a 300 GPD wastewater treatment facility located on Cowan Cove Road in Buncombe County(See Part III of this Permit) , and 4. Discharge from said treatment works into Smith Mill Creek which is classified Class "C" waters in the French Broad River Basin. Part I Page of - Permit;No. o� NC'9068624 � NS a co 0p d �i 4 •. C C b C 4J NL001 � � m N a o C � ,.C. tv �> _ 4 aN v rnrn e-i -103 IA d N p p RI v t'+ 44•= V N Ln to C N r al 0 10 4J in y > �n 4j�� �-s b o tag > rnrn 1-4 4J 44 Qom► UeQc poo 4-0 v� CD CD ccwtE 4J 00 Ri MMM co W0C E w W 44 d oe p w vwac 4J �•N�� N .�T� •C L G m V •O•N N • O C m �' V dM c N C N m CL w N 't7 o G .: No y. � �I w z41 0 L H c 0 4J o a R w � E° 'z W N3 PART I "Act" used herein means the Federal Water Pollution Control Act, As Amended. "DEM" used herein means the Division of Environmental Management of the Department of Natural Resources and Community Development. "EMC" used herein means the North Carolina Environmental Management Commission. Definitions a. The monthly average, other than for fecal coliform bacteria, is the arithmetic mean of all the composite samples collected in a one-month period. The monthly average for fecal coliform bacteria is the geometric mean of samples collected in a one-month period. b. The weekly average, other than for fecal coliform bacteria, is the. arithmetic mean of all the composite samples collected during a one-week period. The weekly average for fecal coliform bacteria is the geometric mean of samples collected in a one-week period. c. Flow, M3/day (MGD) : The flow limit expressed in this permit is the 24-hour average flow, averaged monthly. It is determined as the arithmetic mean of the total daily flows recorded during the calendar month. d. Arithmetic Mean: The arithmetic mean of any set of values is the sunnation of the individual values divided by the number of indi- vidual values. e. Geometric Mean: The geometric mean of any set of values is the Nth root of the product of the individual values where N is equal to the number of individual values. The geometric mean is equivalent to the antilog of the arithmetic mean of the logarithms of the indi- vidual values. For purposes of calculating the geometric mean, values of zero (0) shall ,be considered to be one (1). PAPT 11 A. MANAGEMENT I:F.QUIREMENTS 1 Change in Discharge All discharges authorized herein shall be consistent with the terms and conditions of this permit. The discharge of any pollutant identified in this permit more frequently than or at a level in excess of that authorized shall constitute a violation of the permit. Any anticipated facility expansions, production increases, or process modifications which will result in new, different, or increased discharges of pollutants must be reported by submission of a new NPDES application or, if such changes will not violate the effluent limitations specified in this permit, by notice to the DEM of such changes. Following such notice, the permit may be modified to specify and limit any pollutants not previously limited. 2. Facilities Operation The permittee shall at all times maintain in good working order and operate as efficiently as possible all treatment or control facil - ties or systems installed or used by the permittee to achieve con- pliance with the. terms and conditions of this permit. 3. Adverse Impact The permittee shall take all reasonable steps to minimize any adverse impact to navigable waters resulting from noncompliance with any effluent limitations specified in this permit, including such accel- erated or additional monitoring as necessary to determine the nature and impact of the noncomplying discharge. 4. Bypassing Any diversion from or bypass of facilities necessary to maintain com- pliance with the terms and conditions of this permit is prohibited, except (i) where unavoidable to prevent loss of life or severe property damage, or (ii) where excessive storm drainage or runoff would damage any facilities necessary for compliance with the effluent limitations and prohibitions of this. permit.. The permittee shall promptly notify the Water Quality Section of DEM in writing of each such diversion or bypass. 5. Removed Substances Solids, sludges, filter backwash, or other pollutants removed in the course of treatment or control of wastewaters shall be disposed of in a manner such as to prevent any pollutant from such material from entering waters of the State or navigable waters of the United States. PART II 6. Power Failures In order to maintain compliance with the effluent limitations and prohibitions of this permit, the permittee shall either: a. Provide an alternative power source sufficient to operate the wastewater control facilities; or, if such alternative power source is not in existence, b. Halt, reduce, or otherwise control production and/or all dis- charges from wastewater control facilities upon the reduction, loss, or failure of the primary source of power to said waste- water control facilities. B. RESPONSIBILITIES 1. Right of Entry The permittee shall allow the Director of the Division of Environ- mental Management, the Regional Administrator, and/or their author- ized representatives, upon the presentations of credentials: a. To enter upon the permittee's premises where an effluent source is located or in which any records are required to be kept under the terms and conditions of this permit; and b. At reasonable times to have access to and copy any records required t•o be kept under the terms and conditions of this permit; to inspect any monitoring equipment or monitoring method required in this permit; and to sample any discharge of pollutants. 2. Transfer of Ownership or Control This permit is not transferable. In the event of any change in con- trol or ownership of facilities from which the authorized discharge emanates or is contemplated, the permittee shall notify the prospec- tive owner or controller by letter of the existence of this permit and of the need to obtain a permit in the name of the prospective owner. A copy of the letter shall be forwarded to the Division of Environmental Management. 3. Permit Modification After notice and opportunity for a hearing,pursuant to NCGS 143-215.1 (b) (2) and NCGS 143-215.1(e) respectively, this permit may be modi- fied, suspended, or revoked in whole or in part during its term for cause including, but not limited to, the following: PART II a. Violation of any terms or conditions of this permit; b. Obtaining this permit by misrepresentation or failure to disclose fully all relevant facts; or c. A change in any condition that requires either a temporary or permanent reduction or elimination of the authorized discharge. 4. Civil and Criminal Liability_ Except as provided in permit conditions on "Bypassing" (Part H. A-4) and "Power Failures (Part II, A-6) , nothing in this permit shall be construed to relieve the permittee from civil or criminal penalties for noncompliance pursuant to NCGS 143-215.6 or Section 309 of the Federal Act, 33 USC 1319. 5. Property Rights The issuance of this permit does not convey any property rights in either real or personal property, or any exclusive privileges, nor does it authorize any injury to private property or any invasion of personal rights, nor any infringement of Federal, State, or local laws or regulations. 6. Severability The provisions of this permit are severable, and if any provision of this permit, or the application of any provision of this permit to any circumstance, is held invalid, the application of such provision to other circumstances, and the remainder of this permit shall not be affected thereby. 7. Expiration of Permit Permittee is not authorized to discharge after the expiration date. In order to receive authorization to discharge beyond the expiration date,' the permittee shall submit such information, forms, and fees as are required by the agency authorized to issue permits no later than 180 days prior to the expiration date. Any discharge without a permit after the expiration will subject the permittee to enforce- ment procedures as provided in NCGS 143-215.6 and 33 USC 1251 et seq. . PART III A. PREVIOUS PERMITS All previous State water quality permits issued to this facility, whether for construction or operation, or discharge, are hereby revoked by issuance of this permit. The conditions, requirements, terms, and provisions of this permit authorizing discharge under the: National Pollutant Discharge Elimination System govern discharges from this facility. B. CONSTRUCTION No construction of wastewater treatment facilities or additions thereto shall be begun until Final Plans and Specifications have been submitted to the Division of Environmental Management and written approval and Authorization to Construct have been issued. If no objections to Final Plans and Specifications have been made by the DEM after 30 days follow- ing receipt of the plans or issuance of this permit, whichever is latter, the plans may be considered approved and construction authorized. C. SPECIAL CONDITIONS 1. The Permittee shall.be responsible for the following items ,regard- ing the maintenance of the treatment system: a. Septic tanks shall be maintained at all times to prevent seepage of sewage or effluents to the surface of the ground. b. Septic tanks need routine maintenance and should be checked at least yearly to determine if solids need to be removed or other maintenance performed. c. Contents removed from septic tanks shall be discharged into an approved sewer system, buried or plowed under at an approved location within 24 hours, or otherwise disposed of at a location and in a manner approved by the State or local agency. 2. The permittee shall properly connect to an operational publicly- owned wastewater collection system within 180 days of its availability to the site. I . l e 70 N State of North Carolina Department of Natural Resources and Community Development Asheville Regional Office James G. Martin, Governor S. Thomas Rhodes, Secretary DIVISION OF ENVIRONMENTAL MANAGEMENT WATER QUALITY SECTION September 15, 1986 Mr. Donald C. Rowan 1410 56th Street, West Bradanton, Florida 33529 Subject: Application for NPDES Permit Rowan Residence Buncombe County, North Carolina Dear Mr. Rowan: Receipt of the following documents is hereby acknowledged: X Application Form X Engineering Proposal (for proposed control facilities) -------- - Request for permit renewal X Permit Processing Fee X Other Plans, specifications, letter request for Authorization to Construct and denial letter from Buncombe Co. Health Dept. This application has been forwarded to the Permits and Engineer- ing Unit in the Raleigh Office for review and preparation of a permit. You will be advised of .any comments, recommendations, questions, or other information necessary for the review of the application. A Staff Report and Recommendations regarding this discharge has been prepared by the Asheville Regional Office. If you have any questions regarding this application, please contact the Permits and. Engineering Unit, Water Quality Section, Post Office Box 27687, Raleigh North Carolina 27611. Since ly, .f C L. aner MLH: ls Environmental Chemist xc: Frank Riester Roy M. Davis !/ Permits and Engineering Interchange Building, 59 Wbodfin Place, P.O. Box 370, Asheville, N.C. 28802-0370•Telephone 704-253-3341 An Equal Opportunity•Affirmative Action Employer -)Date NPDES STAFF REPORT AND RECOMMENDATIONS County Buncombe NPDES Permit No- NC0068624 PART I - GENERAL INFORMATION 1 . Facility and Address : Donald C. Rowan Residence 1410 56th Street, West Bradonton, Florida 33529 2. Date of Investigation: September 12, 1986 i I 3. Report Prepared By : Max L. Haner 4 . Persons Contacted and� Telephone Number : Donald C. Rowan-813/792-414 Frank Riester-704/258-9708 5. Directions to Site : Proposed site is located 0 . 6 mile West of the intersection of NCSR 1324 and NCSR 1323 on Southside of Cowan Cove Road (Buncombe County) . 6. Discharge Point - Latitude : 350 35' 29" W i Longitude: 82 38 ' 09" W i Attach a USGS Map Extract and indicate treatment plant site and ...- .._..--.. j discharge point on map. USGS Quad No . or USGS Quad Name Enka, N.C. 7 . Size (land available for expansion and upgrading) : Adequate. 8. Topography (relationship to flood plain included): - Level. 9 . Location of nearest dwelling: N/A { 10. Receiving stream or affected surface waters : Smith Mill Creek. tj I a . Classification: C b . River Basin and Subbasin No . : FBR 04-03-02 C . Describe receiving stream features and pertinent downstream uses : Wildlife,, agriculture. PART II - DESCRI "` ON OF DISCHARGE AND TREATIQT WORKS 1 . Type of wastewater: 100 % Domestic % Industrial a . Volume of Wastewater : 0. 0003 MGD b . Types and quantities of industrial wastewater: C . Prevalent toxic constituents in wastewater : d. Pretreatment Program (POTWs only) in development approved should be required not needed 2. Production rates (industrial discharges only) in pounds a. highest month in the last 12 months b. highest year in last 5 years 3. Description of industrial process (for industries only) and applicable CFR .Part and Subpart : 4. Type of treatment (specify whether proposed or existing) : Septic tank, subsurface sand filter. 5 . Sludge handling and disposal scheme : Septic tank pumping company. 6. Treatment plant classification: PART III - OTHER rERTINENT INFORMATION 1 . Is this facility being constructed with Construction Grants Funds (municipals only) ? 2 . Special monitoring requests: No 3. Additional effluent limits requests : 4. Other : PART IV - EVALUATION AND RECOMMENDATIONS Recommend Permit and Authorization to Construct be issued as proposed. Signa u of re ort reparer Water a ity Regional Supervisor Date : F a c i l i t y g a m e : °L D W�`�'L' Perm i t - ' Receiving S t rearn.: c�/YICIIt�rw &Lk Class : �► Sub—Bas i n ;'=C•o+�n'#y _ LV10.. R e g-i-,'o n a`I t3 f # ice : r�•t!E �-+C.. R.e.ference` C1:SG ::;Qu:ad_ :.E-x•isting : proposer V -27 y ;F c � e 1f 8: i o n �+� ri�� t n a e.' A rye a• r dr 1� �� c ht13raun Y + ; ,.Des r n ,Te spera re { Comments : c3. rvuL.Q.�. n_• r�E'COMMEN:DED . EFFLUENi LIMITS Wasteflow Epp d) : BOD , {;erg t I ) ; Jwj � NH3-N :ng! I ) D .p. tRngII PH F.ecaI Co ? i E1t0Ocnl : : 37 GCt�iMcS�ID�D 5«' ZZ f Da t e 77 _APPROVED BY_ Rs,gio,na_i Eng3neecr, Danefl� � rRegiona ! Supervisor 'Date � l � SI rp C. ROit;E .ice Techni ai S�p.pert 'Grc:a.p ana.`. E'e.rmais -� .=. s�,.ir��-ering Un1:t g z.En=c i.osF ce� og rash r=cs !. =rnap °stowi n t'i.or.g •;a-c f ri'r s c h a-r g e r ) .. n � � 1 fZ,, `� f f r NORTH CAROLINA, DE OF NATURAL RESOURCES AND COMM&V4 DEVELOPMENT ENVIRONMENTAL MANAGEMENT COMMISSION NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM � APAL (:Ai {ON NUMBER APPLICATION FOR PERMIT TO DiSCHARGE SNORT FORM C; FOR G�iol p b '8 16 AGENCY 115E DATE RlCEiVE[' To be filed oa!ly by services, wholesale and retail trade, and other commercial establishments including vessels 1 YEAR M[i, DAY Do not attempt to complete this form without reading the accompanying instructions Please print or type : 1. Name, address, and tc =)hone number of facir y producing discharge A. Name ZY // f -7 B. Street address CO ll._ C. City Al 0. State r. C.ounty. F. ZIP_. -- -'el;ePhone ree 2. Sly m9-- �4- V-- fWT (Leave blank;: - 3. Number of employees 4. Nature of business 5. (a) Check nere if discharge occurs all year o/.,*O-r (b) Check the months) discharge occurs- 1.0 January 2.0 February 3.0 March 4.0 April 5.0 May 6,❑ June 7.o July 8.0 bugust 9,E3 September 10.o October 11.C:November 12.0 December C) Nor.' Piano days per week' 6. Types of wash titer oisChargtoC to s-urface waters only (check as applicable) Flow, gallons per operating day Volume treated before discharging (percent) Discharge per operating day 1-999 100E-4999 15000=S!999 10,000 5o,000 None 0.1- 30- 65- 95- 49,999 0 or more 29.9 64.9 94;9 100 (2) (3) (4) (5i (6) (7) (8) (9) ii0) A. Sanitary, daily f average B. Cooling water, etc., ) daily average C. Other discharge(s), daily averaae; ! Spe--ifr D. Maximum per operat- ing day for c".bined discharge (all types) ) I 7. If any of the types of wA&te identified in item 6, either treated oi- - treated, are discharged lanes other than surface waters, check as applicable_ Waste water is discharged to: 0.1-999 1000-4999 5000-9999 10,000-49,999 50,000 or more (1} (2) (3) (4) {5) A. Muni c.i l,a l .ewr-v ,ys tenj !1• Unrlrr,irnuuri w•11 C. ;.-tit it tank w U. Evaporation lagoon or pond E. Other—specify: B. Number of se arate discharge points: A. B. 02-3 C.0 4-5 0.0 6 or more 9. Name of receiving water or waters ,_ Z/ �T ' /9 (- t o - .10. Does your discharge contain or is it possible for your discharge to contain one or more of the following substanceslg= as a result of your operations, activities, or processes: -ammonia, cyanide, aluminum, beryllium, cadmium, chromium, copper, lead,=mercur nickel- selenium, zinc, phenols, oil and grease, and chlorine (re dual. ` A.®yes U. y 1 certify that l am familia.r with the information contained in the. application and that to the best of my knowledge and belief such information is true, complete, and accurate. c?esl4 L r e-tJ Printed Name. of Person Signing Tit] a /�'? a Application Si e J Si nature of Applicant c^ Carolina General Statute 143-215 .6(b) (2) provides that: Any person who knowingi.,- makes ^:- {alse sratement renresentatyon, or certi _ication. in any application,'record, report, r'an. other document files or required to be maintained under Article 21 or regulations of Lhe =!-;ro=ental Management Commission implementing that Article, or who falsifies, tamDerS 7 _,r kno ly renders inaccurate any recording or monitorigg device or _method required to be nrerated or main wined under Article .21•oz_ regulations -of the Environmental Management Co"Vn_q := =mp_emeuting that Article, shall 4 be "'&u;,lty- of a misdemeanor punishable by a fine not to exceeO 13.1 Q, ?^O, or by imp-isonmant not to exceed six months, or by both. (18 U.,S.C. Section 1� l p r•: 1r=s`r ent by a fine of'not more than S10,000 or inmrisonment not more than 5 years, or pot sinilar- .._E2^_sue ) !,, COUNTY HEALTH DEP,1"_­,1TMENT M� r zG L� JAMES B. TENNEY, M.D., Dr.P.H. BUNCOMBE COUNTY HEALTH CENTER Health Director 35 WOODFIN STREET, POST OFFICE BOX 7607 CHARLES F. MURRAY, M.D. ASHEVILLE, NORTH CAROLINA 28807 Clinical Director ¢p °j""01"°T""� ? (704) 255-5671 ELAINE B. CULBERSON, R.D., M.B.A. h CA a Administrative Officer September 12, 1986 Mk. Max Han.er North Carolina Department of Natural Resources & Comity Development P. 0. Box 370 Asheville, NC 28801 Dear Mr. Horner: I recently inspected a parcel of property located on Cowan Cove Road .adjacent to Smith Mill Creek owned by Mr. Donald Rowan for the purpose of determining its suitability for a ground absorption sewage system. ----The inspection and soil evaluation-determined the lot. is._unsuit- able for a ground absorption sewage system. If I can .be of further assistance concerning this matter, please feel free to contact me at .this office. S ely, Ron Thomas, R.S. Sanitarian Supervisor Environmental Health Services JRT/trf t F r , PAT MCCRORY Govemor DONALD R. VAN DER VAART Secretary Water Resources ENVIRONMENTAL QUALITY S. JAY ZIMMERMAN Director February 3, 2016 Carol Harris P.O. Box 11679 Asheville,NC 28806 SUBJECT: Compliance Evaluation Inspection 594 Cowan Cove Road(10 Reister Lane) Permit No: NCG550429 Buncombe County Dear Mrs. Harris: Enclosed please find a copy of the Compliance Evaluation Inspection Report for the inspection conducted January 29, 2016. During the site inspection, you indicated your septic tank had not been pumped recently. The subject permit requires that the septic tank be pumped out every five years or when the solids level is found to be more than 1/3 of the liquid depth in any compartment. Staff of the Division of Water Resources will follow up with you within the next 60 days to confirm that your septic tank has been pumped. Refer to the enclosed inspection report for additional observations and comments. If you have any questions, please call me at 828-296-4500. Sincerely, Andrew Moore Environmental Specialist Enclosure cc: MSC 1617-Central Files-Basement WQ Asheville Files G:\WR\WQ\Buncombe\Wastewater\General\NCG55 Single Family Residence\550429 Carol Harris\550429 CEI 1-29-2016.docx State of North Carolina I Environmental Quality I Water Resources 2090 U.S.Hwy.70 1 Swannanoa,North Carolina 28778 828 296 4500 United States Environmental Protection Agency Form Approved. EPA q Washington,D.C.20460 OMB No.2040-0057 Gf /1 Water Compliance Inspection Report Approval expires8-31-98 Section A:National Data System Coding(i.e.,PCS) Transaction Code NPDES yr/mo/day Inspection Type inspector Fac Type 1 IN 1 2 15 1 3 I NCG550429 I11 121 16/01/29 17 18 I C(, 19 I c I 20 u 21I Inspection Work Days Facility Self-Monitoring Evaluation Rating B1 QA 67 70f � 71 72 'r, 73I I74 75 80 1 _� I__J LJ IJJ Section B:Facility Data Name and Location of Facility Inspected(For Industrial Users discharging to POTW,also include Entry Time/Date Permit Effective Date POTW name and NPDES Permit Number) 09:50AM 16/01/29 13/08/01 594 Cowan Cove Road Exit Time/Date Permit Expiration Date 594 Cowan Cove Rd 10:15AM 16/01/29 18/07/31 Asheville NC 28806 Name(s)of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data Name,Address of Responsible Official/Title/Phone and Fax Number Contacted Carol F Harris,PO Box 16279 Asheville NC 28816//770-934-6828/7704910054 Yes Section C:Areas Evaluated During Inspection(Check only those areas evaluated) ■ Permit ® Operations&Maintenance ®Facility Site Review ® Effluent/Receiving Waters Section D:Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) (See attachment summary) Agency/Office/Phone and Fax Numbers Date Name(s)and Signature(s)of Inspector(s) Andrew W Moore ARO WQ//828-296-4684/ ;?/Z 12-11p Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date EPA Form 3560-3(Rev 9-94)Previous editions are obsolete. Page# 1 NPDES yr/mo/day Inspection Type 1 (Cont.) 3I NCG550429 I11 12 16/01/29 17 18 ICI LJ \. Section D:Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) On January 29, 2016,Andrew Moore of the Asheville Regional Office conducted a compliance evaluation inspection of the Harris residence wastewater system. Mrs. Harris was notified via phone of the inspection, and was present at the time of the inspection. The septic tank has not been checked or pumped recently.The septic tank shall be pumped every 5 years or when the solids level is found to be more than 1/3 of the liquid depth in any compartment. Failure to maintain the septic tank may lead to system failure and additional expense. The effluent pipe was not located at the time of the inspection.The permittee should conduct a visual review of the outfall location twice a year to ensure there are no visible solids or other obvious evidence of malfunction.The permittee should locate, and maintain access to,the effluent pipe. 3 Page# 2 Permit: NCG550429 Owner-Facility: 594 Cowan Cove Road Inspection Date: 01/29/2016 Inspection Type: Compliance Evaluation Operations& Maintenance Yes No NA NE Is the plant generally clean.with acceptable housekeeping? ® ❑ ❑ ❑ Does the facility analyze process control parameters,for ex:MLSS,MCRT, Settleable ❑ ❑ ® ❑ Solids,pH,DO, Sludge Judge,and other that are applicable? Comment: Permit Yes No NA NE (If the present permit expires in 6 months or less). Has the permittee submitted a new ❑ ❑ ® ❑ application? Is the facility as described in the permit? ® ❑ ❑ ❑ #Are there any special conditions for the permit? ❑ ® ❑ ❑ Is access to the plant site restricted to the general public? ❑ ❑ ® ❑ Is the inspector granted access to all areas for inspection? ® ❑ ❑ ❑ Comment: Septic Tank Yes No NA NE (If pumps are used)Is an audible and visual alarm operational? ❑ ❑ . ❑ Is septic tank pumped on a schedule? ❑ ® ❑ ❑ Are pumps or syphons operating properly? El ❑ ■ ❑ Are high and low water alarms operating properly? ❑ ❑ ® ❑ Comment: No records of septic tank pumping events were available Mrs. Harris indicated the septic tank has not been pumped recently.The septic tank shall be pumped out every five years or when the solids level is found to be more than 1/3 of the liquid depth in any compartment. Septic tank pumping records shall be retained for future compliance inspections. Effluent Pipe Yes No NA NE Is right of way to the outfall properly maintained? ❑ ® 1:1 ❑ Are the receiving water free of foam other than trace amounts and other debris? ® ❑ ❑ ❑ If effluent (diffuser pipes are required) are they operating properly? ❑ ❑ ® ❑ Comment: The effluent pipe was not located The permittee should locate,and maintain access to,the effluent pipe. Page# 3 FLIISJfTGL Ptcr ( -rM Cali Par : ; use tsor# �iort.� s�a3�+�s �,m� �°�; es. -INA . Otte iS the #rr nt r i0ont fn t ft6me � rJtift : . IsIthere a Jn . .* -and. MONO Acte : eeM. nt With a zP-0-01 0 0 . J�tl[woeew�rftm thobome conn.-etW, tha Sep ankh th r tr sift . :ether#the SOW,tank,J$10cawl €f es to. dot ,' Ko ,: es a to tJ t NJ�' 0Y ( r } Ott . , I: , p � 2 if :' �'" i rc si is t �r-s at sh i k � andl6veW 4i*tY six a s a �iri a s#tsr grssw € It tMMOved rn e I _if y Pew,.Ti6We, " . or ._ n -)WOO I b es Meperms*e know ::;the sack tip.loci ,. st, � n t� etiia?�� ir2"tt►Y rs .. 00 l vk is.un �sii 3 re tse roe tamps a s1ee+ s td ka dead or tap czci �s decF n t tom. i `. Q El Q trc t tt�� �e !NM -i�Flqw,the locatkm of,th"6,chionifWw ' V.Were chlot tars tntatr ? Pie etrsi �c I c pr �to � i ., . t :is€itri€-satr t10 rsa , uo a tarp_ . es ihd PsrmifteA06wvhei*the€Ae hlvr 1� ' 1241. 2 �' the *dnatIa ch m r Q a. ....$ - • - a- a. _a a.. s s s.- ... ♦ a �.... i. ♦ 4... «al t r.i u - s' a s - •�.,.a �x ®.. :ii. e 0 'g +I «:#A^'.:: i i:« -.• O. i:.Ai". i a C s VAL North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H.Sullins Dee Freeman Governor Director Secretary February 25,2010 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7007-0710-0002-5376-6108 CAROL F HARRIS - PO Box 16279 Asheville, NC 28816 SUBJECT: FINAL NOTICE-Delinquent Annual Fee NPDES Permit NCG550429(2009) Buncombe County Dear Ms. Harris.: This letter is being sent out to facilities that have not yet paid their Annual Compliance Monitoring Fee. This fee requirement is documented in your current permit in Part 11. B.14. Your total annual fees owed,for the permitted facility referenced above, is$60.00. Copies of each invoice for the permitted facility previously sent by the Division's Budget Office are attached. Failure to pay the annual fee is grounds for revocation of your permit,as documented in part II. B. 13 and II. B. 14. This matter must be promptly resolved.You will not receive any additional late payment fee request correspondence. This letter serves as final notice that the Division will refer the fee noted above to the North Carolina Attorney General's Office for , collection through the courts unless payment is received by March 30,2010. Additional actions to revoke your operating permit may be initiated as well as referral for collection and notification to Local health Department. Make checks payable to NC DENR;include the permit numbers and invoice numbers on the check. Send the fee payment to; Mrs. Fran McPherson Annual Administering and Compliance Fee Coordinator(919-807-6321) 1617 Mail Service Center Raleigh,NC 27699-1617 (919-807-6321) If you have evidence that the fee has already been paid,please contact me at 919-807-6387 or bob.guerra(a)-ncdenr.gov. Sincerely, Bob Guerra,Western NPDES Unit Encl v Celebrating 90 YearS afService Ptivers Engineers &Associates,mc. Planners � - cc: Since 1918 19I8-2008 Surveyors n mw jj gLA�- �� 9 _rE®1� tJ LI' v111 < V U WU- One- NorthCarohna ` � ° �aturaffi� Greenville,NC:(252)752-4135 Raleigh, 48-3347 /emu C North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H.Sullins Dee Freeman Governor Director Secretary November 30, 2009 Carol F Harris 594 Cowan Cove Road Asheville NC 28806 SUBJECT: Compliance Evaluation Inspection 594 Cowan Cove Road Permit No: NCG550429 Buncombe County Dear Mrs. Harris: Enclosed please find a copy of the Compliance Evaluation Inspection conducted on November 24, 2009. The facility appeared to be in Compliance with permit NCG550429. Please refer to the enclosed inspection report for additional observations and comments. If you or your staff have any questions, please call me at 828-296-4500. Sincerely, , Jeff Menzel Environmental Specialist cc: Central Files Asheville Files SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE ocation:2090 U.S.Highway 70,Swannanoa,NC 28778 N ooAhCarolina Phone: (828)296-4500\FAX:828 299-7043\Customer Service: 1-877-623-6748 a'R�ujR//,/ Internet:www.ncwaterguality.org G:\WPDATA\DEMWQ\Buncombe\SFR's NCG55 �/V `[/a . ..._....... . z Z n� 0-0 0 - yy Y n no 2a v w m e n n m m m Z a 3 vT\ CD p m a Nm D S N 3 m ow p c 3 c e� � z� _q a 3� ,2 n 3 o s H a ° n Z w n Ao =T - ol 3 m < Ca < _ =' CD o T a c m D n c ° m a " x 3 z _ p ; z - ?' c w �. Y > Y y S w N m A mO N '°3 0 Zz N a _ _ 0 T n 7 £ » o R C D m o _ CD Np v m .. "a ul a m r r m d 3 O 3 o a 4f O F N A J ypo a C�0 vn m --I Z N N O � c O o v z 0 N o N N m V a m N ID m p 7 ? 3 N m m � 3 o < Oo d c m c 0� N m 3 T `m v J 2 O C_ y C O o o Y 3 ID 3 o v m O 2 CL 1D Q c ap m v m ? _ a -0 0 m n 7 = r , O O � W N m m O O O ° 01 0 N d CDN N Y j N <� CL D M a E c a V -� n N � n ID ? N J H N � a n 0 m J w v ' m u N z° ❑ ❑ i ❑ ❑ ❑ ❑ ❑ a ■ ❑ d ■ ■ ❑ ■ ■ - U) Ir = o a 0 0 V N N 3 g A $ O_ G 0. N J N Q n d O. n o. s EL° ) p1 o m A l0 a rn a C a ry 3 z 3 E € « v m 5 0 � 1 m .2� 9 0. c o a $ ° E n w E CL- � U © WA ATF �J �haeI FJas y,Governor llilham G. ss r. cretary , North Carolina Department of Envir'o `r -ent and:Natural Resources•f '" ram' Alan W.Klimek, P.E. Director p C Division of Water Quality Asheville Regional Office SURFACE WATER PROTECTION December 12, 2005 Carol Harris 5336 Leather Stocking Lane Stone Mountain, Georgia 30087 SUBJECT: Compliance Evaluation Inspection Harris - Residence Permit No: NCG550429 Buncombe County Dear Ms. Harris: Enclosed please find a copy of the Compliance Evaluation Inspection form from the inspection conducted on December 12, 2005. Larry Frost of the Asheville Regional Office conducted the Compliance Evaluation Inspection. The facility was found to be in Compliance with permit NCG550429. Please refer to the enclosed inspection report for additional observations and comments. If you have any questions, please call me at 828-296-4500. Sincerely, Lar Frost vironmental Engineer Enclosure cc: NPDES Permitting Unit Central Files Asheville Files NorthCarolina Naturally 2090 U.S.Highway 70,Swannanoa, NC 28778 Telephone:(828)296-4500 Fax: (828)299-7043 Customer Service 1 877 623-6748 United States Environmental Protection Agency Washington,D.C.20460 Form Approved. EPA OMB No.2040-0057 Water Compliance Inspection Report Approval expires 8-31-98 Section A: National Data System Coding(i.e., PCS) Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type 1 I NI 2 15I 31 NCG550429 111 121 05/12/12 117 18I CI 19I SI 201 I Remarks 2911I1IIII IIIIIIII IIIIIIII Jill IIIIIIII IIIIIIII1116 Inspection Work Days Facility Self-Monitoring Evaluation Rating 131 QA ---------------------------Reserved---------------------- 67I 169 701 I 711 I 721 NJ 73I I 174 751 I I I I I I 180 Section B: Facility Data L__U Name and Location of Facility Inspected(For Industrial Users discharging to POTW,also include Entry Time/Date Permit Effective Date POTW name and NPDES permit Number) Carol F. Harris - Residence 01:00 PM 05/12/12 02/08/01 594 Cowan Cove Rd Exit Time/Date Permit Expiration Date Asheville NC 28806 01:15 PM 05/12/12 07/07/31 Name(s)of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data Name,Address of Responsible Official/Title/Phone and Fax Number Carol F Harris,5336 Leather Stocking Ln Stone Mountain GA Contacted 30087//770-934-6828/7704910054 No Section C: Areas Evaluated During Inspection(Check only those areas evaluated) Permit 0 Operations&Maintenance .Facility Site Review Section D: Summary of Find in /Comments Attach additional sheets of narrative and checklists as necessary) (See attachment summary) Name(s)and Signature(s)of Inspector(s) Agency/Office/Phone and Fax Numbers Date Keith Haynes ARO WQ/// Larry ' Frost ARO WQ//828-296-4500 Ext.4658/ /2 1Z16 5 Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date �^ Roger C Edwards "'( ARO WQ/// EPA Form 3560-3(Rev 9-94)Previous editions are obsolete. Page# 1 3 NPDES yr/mo/day Inspection Type I NCG550429 I11 12I 05/12/12 I17 18ICI (cont. 1 Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) A couple of problems were observed during this inspection that need to be addressed. - The area where the sand filter should be located has been planted with trees. The owner should immediately locate the sand fiter and ensure that no trees or shrubs are planted on or near the filter. Trees and shrub roots will damage the filter and shorten the life of the filter. The outfall pipe for the system should be located and kept clear of rocks and debry. - It is recommended that you have your septic tank pumped every 3 to 5 years. Page# 2 ------- _ n 9 � r Permit:NCG550429 Owner-Facility: Carol F.Harris-Residence Inspection Date: 1211212005 Inspection Type: Compliance Evaluation Operations& Maintenance Yes No NA NE Is the plant generally clean with acceptable housekeeping? n n n Does the facility analyze process control parameters,for ex: MLSS, MCRT, Settleable Solids,pH, DO, Sludge ❑ ❑ 1=l Judge,and other that are applicable? Comment: Permit Yes No NA NE (If the present permit expires in 6 months or less). Has the permittee submitted a new application? n Is the facility as described in the permit? ■ n ❑ n #Are there any special conditions for the permit? n (� n Is access to the plant site restricted to the general public? n n n Is the inspector granted access to all areas for inspection? ❑ ❑ n Comment: Page# 3 A � w ,YA k z A E •o �, F � � � � ,� O F REq y E N .O•� O: d C. C G k O w LO Lb w .O m E ; CA ~E n C o O Y c w y E c ° o f Qi ro '" A .O Z d O Q m Q a a N m t1e o O O� U d E d ' z owe Q o a w .0 z F, w C C C C c C C :m C C m m Q 'Q m m m m t m m m m wm m 1oi w .j A W A A a Z a d' e F x N aNO 3 M o ❑. ® AkO rl -"� m `�'� O �. o O CN w _ q .+ ,� : " ` z z 'y 0 a E E d b ." M 'E. F' A 0 N QZ t....Z L1. 0. y.. U U: U 2 A. N-. Q Q m U U w a vai ❑ ❑ ❑ d �' M E E ° ec ® F m m di rn ao M E o a o a Q Q E E E E E I a E a E E 00 in Y Im .. A l: y ? cq C 8 ` F Q = W O M O Q GY U O A Go 00 LO o A a ❑ ° N N Le) M O ODK 3. W U Y Q d d w ° 7 n •• C o or 0 N N Lo �n Q F Q W O E �., F U F a a co ya, t, b Ga COC Z m W O a s `m r I3 o E U O Q U W' ¢ � �"^•.. U U U a U U U U U. U. c7 w- E a ❑ ❑ ❑ x e `s` c ` 8 M z ❑ a Q W o o e > F a Z ,. \ \ \ E E E E C C C C C C �, : O d 0) m m O o o O m 01... m m m m m 0) m V) m E m E E H o E E E E E E o E E E I E E z' o O o d A ;.,f .a O Le) ^ U (.¢.i la �. N z .G b '* O O M 3 o � �r ., inkfli M A o M e M M d U w O d N O M 1O. O d' M �. g ..d N.: �.. d M N. M =. a Ato a. X O x = p, C O M00 oto M U w a L4 ` 6 y d' O O O o 0 0 o y O v m U U U U U U a m a Q Q ¢ Q F F c z pe m z y F E0 co F 'O U A O ,1 N M d' � �D l� 00 O� O � N M d' �A �O h 00 a, O 7 tat OC ~ a .w.a E •.. a o N H H H '•+ H .� N E- A. Aa a ° N C A U cc m Q 0 W U W V) t4 y � ti State of North Carolina Department of Environment, Health, and Natural Resources Asheville Regional Office James G. Martin, Governor Ann B. Orr William W. Cobey, Jr., Secretary Regional Manager DIVISION OF ENVIRONMENTAL MANAGEMENT WATER QUALITY SECTION October 6, 1989 Donald Rowan 594 Cowan Cove Road o Asheville, North Carolina 28806 Subject: Compliance Evaluation Inspection Status: In Compliance Donald Rowan Residence NPDES Permit Number NCO068624 Buncombe County Dear Mr. Rowan: A Compliance Evaluation Inspection was conducted September 30, 1989, of the septic tank/subsurface sandfilter trench serving the residence at Cowan Cove Road. Although the facility grounds and the receiving stream indicated no problems, I am concerned with the amount of groundwater inundating the sand beds. Excessive groundwater inundation of the sand beds could reduce their capability for treatment. Considering the unusual amount of rainfall that Western North Carolina has receivedthis summer, it is not surprising that the effluent discharge pipe is issuing so much groundwater. Overall the facility seems to be operating satisfactorily and is considered to be in compliance with its NPDES Permit. If, in the future, the residence is sold, please inform the new owners that they will need to apply for a new permit since NPDES Permits are not transferable. I am enclosing three applications to be completed by the new owners upon the sale of the house. These applications, a copy of their homeowner' s deed, and a $25. 00 check or money order (processing fee) payable to the Dept. of the Environment, Health, and Natural Resources should be sent to: Kerry S. Becker N.C. Dept. of the Environment, Health, and Natural Resources 59 Woodfin Place Asheville, North Carolina 28801 Interchange Building, 59 Woodfin Place, Asheville, IBC. 28801 ®Telephone 704-2516208 a I Donald Rowan October 6, 1989 Page Two If you have any questions, please contact either Mr. Max Haner or me at 704/251-6208. Sincerely yours, Kerry S. Becker Environmental Technician Enclosure xc: Dan Ahern, EPA U i t i nine 'fates nvironmental Protection Agency Form Approved Avv PWashington,D.C.2046py0 PA C1M6 No:2Q40-0003 E�+� Crr�� pi'ance Inspection Report Approval Expires?-31-85 Section A:National Data System Coding Transaction�Code NPDES , r/mo/day Inspection Type Inspector Fac Type 51 C-'ICI Ye I�Yr��� ,, , ��X (? 17 ,8 , 2p2 Remarks IIIII- IIIIIIiIIIIIIIIIIIIIIIIIIIIII { IlillillPlll Reserved Facility Evaluation Rating BI QA -------------------Reserved----------------- 66 6t_L_L 69 7C4j 71u 72u 73W 74 75 I I I I Li Section B:Facility Data ame and ocation of facility Inspected Entry Time E y Permit Effective Date �., ❑ AM LdJ PM s1l�c� Oz4 be-17 I / Exit Time/Date Permit Expiration Date 1`*5' v/fry' Lc>-.� `�--t;} /G��✓�?7"" F sa.%- v .re,u^, ��-✓'?G• ,r•% ,Jr�, �� ol.�•/? •�7;� 'Y Name(s)ofOn-Site Representative(s) Title(s) Ph ne No(s) Name,Addres5pf Responsible Official Title ` Phone No. Contacted 7 Yes❑ No Section C:Areas Evaluated During Inspection - (S=Satisfactory,M=Marginal,U=Unsatisfactory,N=Not Evaluated) Permit Flow Measurement Pretreatment "ri- Operations&Maintenance. Records Reports Laboratory � Compliance Schedules S� Sludge Disposal Facility Site Review 5 Effluent/Receiving Waters Self-Monitoring Program Other: Section D:Summary of Findings/Comments(Attach additional sheets if necessary) f__ /_ / / j/ 4 � l �r- r �i �S �?it 05 �;�Y GX bLt•l: f C/lC < Ct��i C ry 19 x 7 - C ;✓�z'y,S r 7 �� �•s S/�,� • �1t�n,s Gtl° !r "� s.�.� ova �,a . L✓� 1 Name(s)and Signature(s)o-)tspector(s) Agency/Office/Telephone Date _ 9 7Z `Jt Signature of Reviewer �� Agency/Office Date j_ G o � — Zs/ �- C� Regulatory 0 ce Use tt Y f Action Taken Date Compliance Status I ®� Noncompliance State of North Carolina Department bf Natural Resources and Community Development Asheville Regional Office James G. Martin, Governor David R. Spain S. Thomas Rhodes, Secretary Regional Manager DIVISION OF ENVIRONMENTAL MANAGEMENT WATER QUALITY SECTION September 30, 1988 Mr. Donald C. Rowan 1410 56th Street, West Bradonton,' Florida 33529 Subject Compliance Evaluation Inspection Status: In Compliance Donald C. Rowan Residence' NPDES Permit Number NCO068624 Buncombe County Dear Mr. Rowan: 'A Compliance Evaluation Inspection was conducted on September 23 , 1988 of the 'septic tank/subsurface sandfilter serving your residence. The facility appeared to be performing as designed and was considered in compliance. If you have any questions, please contact Mr. Max Haner or me at 704/251-6208 extension 225 or 258 respectively. sincerely yours, 14, Kerry S. Becker Environmental Technician KSB: ls Enclosure xc: Dan Ahern, EPA Max _L. Haner Interchange Building, 59 Woodfin.Place, P.O. Box 370, Asheville, N.C. 2 8 802-03 70+Telephone 704-253-3341 I� 1 OrM states Environmental Protection Agency Form Approved AN �� Washington,D.C.20460 NPDES Compliance.'11S GctlOtl Report OM8 No.2040.0003 p P Approval Expires 7-31-85 . Section A:National Data System Coding Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type 1( nJ!clo'to I&I A mla 141 ,, 1 '181v19 P- 117 ?mil 19,.S1 201;� Remarks ( JI' IIIIIIIIIIIIIIIIIIIIIIlIIIlIII ( IIIIIIlIlIII .66 Reserved Facility Evaluation'Rating 81 -- -------- ------Reserved-- --------- 671 I I J 69 7AU 7114 79 73�74 75 I' I I ' 1 180 Section B:facility Data Name and Locati in of Faci y Ins ected Entry Time AM® PM Permit Effective Date ❑ Exit Time/Date Permit Expiration Date /Tf+ftGl/r�l� /�zaNcole. 0 ZZ.V.O9v, 30 9! Name(s)o On-Site Representative(a) Ti Phone No(s) Xme,Addr,of esponsible Official Title w. .- • &�Av 40 ®!.d a 3G /4/D 5'4 v%L ' Phone No. Contacted ?4#c/o-,A. =1.4 . 3 3se� - 9a-C✓>sF6' ❑ yes No Section C:Areas Evaluated During Inspection' (S=Satisfactory.M=Marginal,U=Unsatisfactory,N=Not Evaluated) Permit Flow Measurement Pretreatment jg' Operations&Maintenance lr Records/Reports / Laboratory , Compliance Schedules f Sludge Disposal Facility Site Review Effluent/Receiving Waters Self-Monitoring Program Other: s Section D:Summary of'Findings/Comments(Attach additional sheets if necessary) /f a,� �� �' •t/m/ y� N' GtiL� ¢!/1.0-C i IV S� Ctl3. % crs�gt+a'Wr3 Imo+i�[$/�'s•C a ad ` V Name(s)and Sighature(s)of Inspector(s) Agency/Office/Telephone Date z Si a of Revie r Agency/Office Date 47 ' Regulatory Office Use Only' - tatus coon Taken Date omplia ce S EJ Noncompliance !l�F-fomolianre J L� w. gtate of North Carolina rtm ant of Natural RCSSGUrces and Conmunity I tvelopment _lames G. Martin, Governor S; T onnas Rhodes, Secretary DIVISION OF ENVIRONMENTAL MA4AGEMENT WATER. QUALITY SECTION January 12, 1988 Mr. Donald C. Rowan 1410 56th Street, West Bradonton, Florida 33529 Subject: Completion of Construction Septic Tank/Subsurface Sand Filter System NPDES Permit Number NC0068624 Donald C. Rowan Residence Buncombe County Dear Mr. Rowan: On January 6, 1988, I reviewed the construction of the septic tank/ subsurface sand filter system at property known as Donald C. Rowan Residence off of Cowan Cove Road. near Asheville, N. C. , Buncombe County. It appears that the system has been installed in accordance with plans and specifications approved by this Division under NPDES Permit Number NC0068624 . Therefore, the system should produce an effluent in compliance with thE3 terms and conditions of the. permit. Should you wish to f ur.t her di scu.ss this Rutter, please contact me. Yours truly, �V' Max L. Haner EnvirorLmental Chemist MLh: ls xc: Lynn E.hodarmer Forrest R. Westall L .merdha ddhl _9' 'A'Oodfin Place, ,ram. r1�., <<.,,i'c NC, n vZ-n s