HomeMy WebLinkAboutNC0042358_Regional Office Historical File 1997 to 2017 u �tf ,ogmMki
Cerdfred Mail#7015 1520 0003 5463 4811
Retum Receipt Reuuested
April 06,2017
Larry Lehning
Adams Apple Homeowners Association Inc
1208 Kelty Ct
Cary,NC 27511
SUBJECT: Notice of Violation and Assessment of Civil Penalty
for Violations of North Carolina General Statute(G.S.) 143-215.1(a)(6)
and NPDES W W Permit No.NC0042358
Adams Apple Homeowners Association Inc
Adams Apple Condominiums W WTP
Case No. W-2017-0002
Avery County.
Dear Permittee:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of$516.62 ($400.00 civil penalty+
$116.62 enforcement costs)against Adams Apple Homeowners Association Inc.
This assessment is based upon the following facts: a review has been conducted of the discharge monitoring report(DMR)
submitted by Adams Apple Homeowners Association Inc for the month of August 2016. This review has shown the
subject facility to be in violation of the discharge limitations and/or monitoring requirements found in NPDES W W Permit
No.NC0042358. The violations,which occurred in August 2016,are summarized in Attachment A to this letter.
Based upon the above facts,I conclude as a matter of law that Adams Apple Homeowners Association Inc violated the
terms,conditions or requirements of NPDES W W Permit No.NCO042358 and G.S. 143-215.1(a)(6)in the manner and
extent shown in Attachment A. In accordance with the maximums established by G.S. 143-215.6A(a)(2),a civil penalty
may be assessed against any person who violates the terms,conditions or requirements of a permit required by G.S.
143-215.1(a). -
Based upon the above findings of fact and conclusions of law,and in accordance with authority provided by the Secretary
of the Department of Environmental Quality and the Director of the Division of Water Resources,I,G.Landon Davidson,
P.G.,Regional Supervisor,Asheville Regional Office hereby make the following civil penalty assessment against Adams
Apple Homeowners Association Inc:
State ofNaoh Carolina I Environmental Quality I water Resources
2090 U.S.70 Highway,Swannaaoe,NC 28778
828-296-4500
400.00 for 4 of the 4 failures to properly monitor TEMP-C 5N/Week for four weeks in violation of Permit Not.
NC0042358.
4$ 00.00 TOTAL CIVIL PENALTY
116.62 Enforcement Costs
516.62 TOTAL AMOUNT DUE
Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty I have taken into account the Findings of Fact and
Conclusions of Law and the factors set forth at G.S. 143B-282.1(b),which are:
(1) The degree and extent of harm to the natural resources of the State,to the public health, or to private property
resulting from the violation;
(2) The duration and gravity of the violation; _
(3) The effect on ground or surface water quantity or quality or on air quality;
(4) The cost of rectifying the damage;
(5) The amount of money saved by noncompliance;
(6) Whether the violation was committed willfully or intentionally;
(7) The prior record of the violator in complying or failing to comply with programs over which the Environmental
Management Commission has regulatory authority;and
? (8) The cost to the State of the enforcement procedures.
Within thirty(30)days of receipt of this notice,you must do one of the following:
(1) Submit payment of the penalty,OR
(2) Submit a written request for remission, OR
(3) Submit a written request for an administrative hearing
Option 1: Submit payment of the penalty:
Payment should be made directly to the order of the Department of Environmental Quality(do not include waiver
form). Payment of the penalty will not foreclose further enforcement action for any continuing or new violation(s).
Please submit payment to the attention of:
Wastewater Branch
Division of Water Resources
1617 Mail Service Center
Raleigh,Nor0r Carolina 27699-1617
Option 2: Submit awritten request for remission or mitigation including a detailed justification for such
request:
Please be aware that a request for remission is limited to consideration of the five factors listed below as they may
relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper
procedure for contesting whether the violation(s)occurred or the accuracy of any of the factual statements contained in
the civil penalty assessment document. Because a remission request forecloses the option of an administrative hearing,
such a request must be accompanied by a waiver of your right to an administrative hearing and a stipulation and
agreement that no factual or legal issues are in dispute. Please prepare detailed statement that establishes why you
believe the civil penalty should be remitted,and submit it to the Division of Water Resources at the address listed below.
In determining whether a remission request will be approved,the following factors shall be considered:
(1) whether one or more of the civil penalty assessment factors in NCGS 143B-282.1(b).was wrongfully
applied to the detriment of the petitioner;
(2) whether the violator promptly abated continuing environmental damage resulting from the violation;
(3) whether the violation was inadvertent or a result of an accident;
(4) whether the violator had been assessed civil penalties for any previous violations; or
(5) whether payment of the civil penalty will prevent payment for the remaining necessary remedial actions.
Please note that all evidence presented in support of your request for remission must be submitted in writing. The
Director of the Division of Water Resources will review your evidence and inform you of his decision in the matter of
your remission request. The response will provide details regarding the case status,directions for payment, and
provision for further appeal of the penalty to the Environmental Management Commission's Committee on Civil Penalty
Remissions(Committee). Please be advised that the Committee cannot consider information that was not part of the
original remission request considered by the Director. Therefore,it is very important that you prepare a complete and
thorough statement in support of your request for remission.
In order to request remission you must complete and submit the enclosed"Request for Remission of Civil Penalties
Waiver of Right to an Administrative Hearing and Stipulation of Facts"form within thirty(30)days of receipt of this
notice The Division of Water Resources also requests that you complete and submit the enclosed"Justification for
Remission Request."
Both forms should be submitted to the following address:
Wastewater Branch
Division of Water Resources
1617 Mail Service Center
Raleigh,North Carolina 27699-1617
Option 3: File a petition for an administrative hearing with the Office of Administrative Hearings:
If you wish to contest any statement in the attached assessment document you must file a petition for an administrative
hearing. .You may obtain the petition form from the Office of Administrative Hearings. You must file the petition with
the Office of Administrative.Hearings within thirty(30)days of receipt of this notice. A petition is considered filed.
when it is received in the Office of Administrative Hearings during normal office hours. The Office of Administrative
Hearings accepts filings Monday through Friday between the hours of 8:00 am. and 5:00 p.m.,except for official state
holidays.. The petition maybe filed by facsimile(fax)or electronic mail by an attached file(with restrictions) -provided
the signed original,one(1)copy and a filing fee(if a filing fee is required by NCGS 3150B-23.2)is received in the
Office of Administrative Hearings within seven(7)business days following the faxed or electronic transmission. You
should contact the Office of Administrative Hearings with all questions regarding the filing fee and/or the details of the
filing process.
The mailing address and telephone and fax numbers for the Office of Administrative Hearings are as follows:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh,NC 27699-6714
Tel: (919)733-2698
Fax: (919)733-3478
One(1)copy of the petition must also be served on DEQ as follows:
Mr. William F.Lane,General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh,North Carolina 27699-1601
Please indicate the case number(as found on page one of this letter)on the petition.
Failure to exercise one of the options above within thirty(30)days of receipt of this letter, as evidenced by an internal
date/time received stamp(not a postmark),will result in this matter being referred to the Attorney General's Office for
collection of the penalty through a civil action. Please be advised that additional penalties may be assessed for violations
that occur after the review period of this assessment.
If you have any questions,please contact Janet Cantwell with the Division of Water Resources staff of the Asheville
Regional Office at(828)296-4667 or via email atjanet.cantwell@ncdem.gov.
Sincerely,
G.Landon Davidson,P.G.,Regional Supervisor
Water Quality Regional Operations Section
Asheville Regional Office
Division of Water Resources,NCDEQ
ATTACHMENTS -
Cc: WQS Asheville Regional Office-Enforcement File
NPDES Compliance/Emorcement Unit-Enforcement File
WQ Lab&Operations/ORC
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JUSTIFICATION FOR REMISSION REQUEST
Case Number: MV-2017-0002. County: Avery
Assessed Party: Adams Apple Homeowners Association Inc
Permit No.: NCO042358 Amount Assessed: $516.62
Please use this form when requesting remission of this civil penalty. You must also complete the Request For Remission,
Waiver of Right to an Administrative Hearing, and Stipulation of Facts"form to request remission of this civil penalty.
You should attach any documents that you believe support your request and are necessary for the Director to consider in
evaluating your request for remission. Please be aware that a request for remission is limited to consideration of the five
factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting
remission is not the proper procedure for contesting whether the violation(s)occurred or the accuracy of any of the factual
statements contained in the civil penalty assessment document. Pursuant to N.C.G.S. § 143B-282.1(c),remission of a civil
penalty maybe granted only when one or more of the following five factors apply. Please check each factor that you
believe applies to your case and provide a detailed explanation,including copies of supporting documents, as to why the
factor applies(attach additional pages as needed).
(a) one or more of the civil penalty assessment factors in N.C.G.S.14313-282.1(b)were wrongfully applied to the
detriment of the petitioner(the assessmentfactors are listed in the civil penalty assessment document);
(b) the violator promptly abated continuing environmental damage resulting from the violation(i.e., explain the
steps that you took to correct the violation and preventfuture occurrences);
(c) the violation was inadvertent or a result of an accident(i.e., explain why the violation was unavoidahle or
something you could not prevent or prepare for);
A the violator had not been assessed civil penalties for any previous violations;
(e) payment of the civil penalty will prevent payment for the remaining necessary remedial actions (i.e., explain
how payment of the civil penalty will prevent you from performing the activities necessary to achieve
compliance).
EXPLANATION:
STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY
COUNTY OF AVERY
IN TIM MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND
STIPULATION OF FACTS
Adams Apple.Homeowners Association Inc )
Adams Apple Condominiums W WTP )
PERMIT NO.NC0042358 - ) CASE NO. :MV-2017-0002
Having been assessed civil penalties totaling$516.62 for violation(s)as set forth in the assessment document of the Division
of Water Resources dated April 06,2017,the undersigned,desiring to seek remission of the civil penalty,does hereby waive
the right to an administrative hearing in the above-stated matter and does stipulate that the facts are as allegedin the -
assessment document. The undersigned further understands that all evidence presented in support of remission of this civil
penalty must be submitted to the Director of the Division of Water Resources within thirty(30)days of receipt of the notice
of assessment No new evidence in support of a remission request will be allowed after(30)days from the receipt of the
notice of assessment.
This the day of 20
SIGNATURE
ADDRESS
i
_ TELEPHONE
I
'ATTACHMENTA
Adams Apple Homeowners Association Inc
CASE NUMBER: MV-2017-0002
PERMIT: NCO042358 REGION: Asheville
FACILITY:, Adams Apple Condominiums WWTP COUNTY: Avery
MONITORING VIOLATION(S)
SAMPLE LOCATION: Outten 001 -Effluent
Violation Report Unit of Limit. Calculated %Over Violation Penalty
Date Month/Yr Parameter Frequency Measure Value Value Limit Type Amount
8/06/2016 8-2016 Temperature,Water 5Xweek dog Frequency $100.00
Deg.Centigrade Violation
8/13/2016 8-2016 Temperature,Water 5 X week deg c Frequency $100.00
Deg. Centigrade Violation
8/20/2016 8-2016 Temperature,Water 5Xweek deg Frequency $100.00
Deg. Centigrade Violation
8/27/2016 8-2016 Temperature,Water 5Xweek deg Frequency $100.00
Deg.Centigrade Violation
DIVISION OF WATER RESOURCES-CIVIL PENALTY ASSESSMENT (File)
Violator: Adams Apple Homeowners Association Inc
Facility Name: Adams Apple Condominiums W WTP
Permit Number: NCO042358
County: Avery
Case Number: MV-2017-0002
ASSESSMENT FACTORS
1) The degree and extent of harm to the natural resources of the State,to the public health,or to private property
resulting from the violation;
All effluent violations may be detrimental to the receiving stream but may not be immediately quantified.
Potential violations may not be revealed with"Failure to Monitor."
2) The duration and gravity of the violation;
Temperature was not monitored four of the five days per week for four weeks per the requirements of
the NPDES permit.
3) The effect on ground or surface water quantity or quality or on air quality;
All effluent violations may be detrimental to the receiving stream but may not be immediately quantified.
Potential violations may not be revealed with"Failure to Monitor."
4) The cost of rectifying the damage;
The cost is unknown.
5) The amount of money saved by noncompliance;
The amount of money saved is unknown.
The amount of money saved would include the cost of collection of the additional samples and the cost of
analyzing them at a certified lab.
6) Whether the violation was committed willfully or intentionally;
It does not appear to be either.
7) The prior record of the violator in complying or failing to comply with programs over which the Environmental
Management Commission has regulatory authority; and
There have been no civil penalty enforcements in the twelve months prior to this violation.
8) The cost to the State of the enforcement procedures.
$116.62
Date G.Landon Davidson,P.G.,Regional Supervisor
Water Quality Regional Operations Section
Asheville Regional Office
Division of Water Resources,NCDEQ
EFFLUENT
NPDES PERMIT No. NCO042358 DISCHARGE NO. 001 MONTH AUGUST YEAR 2016
FACILITY.NAME Adams Apple HOA - CLASS If COUNTY Avery - -
OPERATOR IN RESPONSIBLE CHARGE(ORO) Denver Eggers GRADE II PHONE(828)898-6277
CERTIFIED.LABORATORIES(1)Water Quality.Leb&OOperallons;lne.
CHECK BOX IF ORD HAS CHANGED (] PERS.) (S)COLLECTING SAMPLES Denver Eggers
Mall ORIGINAL and ONE COPY to;
ATTN: CENTRAL FILES X -
DIVISION OF WAtER QUALITY \\��II ( NATURE OF PER R IN RESPONSIBLE CHARGE) (DATE)
1617 MAIL SERVICE OENTE 1lV" BY THIS SIGNATURE 7.CERTIFY THAT THIS REPORT IS -
RALEIGH NO 27699�1617 ACCURATE AND COMPLETE TO THE BEST OF MY KNOWLEDGE
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00300 Olasolved Cxygeo OQMS Total.IVYICahl Nitorgdh 01032 Hedevelant Chromium 01105 Tot.)Alumfhmn 50044 Minimum Dow during.
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COMP:COO OW20'Cyanlde 01007 Total Cobalt 31004 Total national 50060 roWI Faclduel Chioma
00400.PH 00746 Total Sulfide 01042 Copper M614 FinaLCaldron,MPH,Tube 71080 Formaldehyde.
00500 Tmal Solids 100027 Total Megneslure 01045 Total iron -: 31610 Faoal Collfatm 71900 Mercury
0000 T59 COg2g Total Sodium 01051 Lead U730 Tom[Phenolic$ 01310 Ferton'rifios
l 00545 SOVIable.Solids'. 00940 Total Chloride P1OBT Nlcklc. 38260 MISAS: 8G852 Time
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Certified Mail 4 7015 1520 0003 5463 4811
Return Receipt Requested
April 06, 2017
Larry Lehning
Adams Apple Homeowners Association Inc
1208 Kelly Ct
Cary,NC 27511
SUBJECT: Notice of Violation and Assessment of Civil Penalty
for Violations of North Carolina General Statute(G.S.) 143-215.1(a)(6)
and NPDES W W Permit No.NCO042358
Adams Apple Homeowners Association Inc
Adams Apple Condominiums W WTP
Case No. MV-2017-0002
Avery County
Dear Permittee:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of$516.62 ($400.00 civil penalty+
$116.62 enforcement costs)against Adams Apple Homeowners Association Inc.
This assessment is based upon the following facts: a review has been conducted of the discharge monitoring report(DMR)
submitted by Adams Apple Homeowners Association Inc for the month of August 2016. This review has shown the
subject facility to be in violation of the discharge limitations and/or monitoring requirements found in NPDES W W Permit
No.NCO042358. The violations,which occurred in August 2016,are summarized in Attachment A to this letter.
Based upon the above facts,I conclude as a matter of law that Adams Apple Homeowners Association Inc violated the
terms, conditions or requirements of NPDES W W Permit No.NCO042358 and G.S. 143-215.1(a)(6)in the manner and
extent shown in Attachment A. In accordance with the maximums established by G.S. 143-215.6A(a)(2),a civil penalty
may be assessed against any person who violates the terms,conditions or requirements of a permit required by G.S.
143-215.1(a).
Based upon the above findings of fact and conclusions of law, and in accordance with authority provided by the Secretary
of the Department of Environmental Quality and the Director of the Division of Water Resources,I,G.Landon Davidson,
P.G.,Regional Supervisor,Asheville Regional Office hereby make the following civil penalty assessment against Adams
Apple Homeowners Association Inc:
StateofNorcACarolina I Environmental Quality I Water Resources
2090 U.S.70 Highway,Swamanoa,NC 28778
828-2964500
$400.00 for 4 of the 4 failures to properly monitor TEMP-C 5X/Week for four weeks in violation of Permit No. '
NC0042358. -
$400.00 TOTAL CIVIL PENALTY
$116.62 Enforcement Costs
516.62 TOTAL AMOUNT DUE
Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty I have taken into account the Findings of Fact and
Conclusions of Law and the factors set forth at G.S. 14313-282.1(b),which are:
(1) The degree and extent of harm to the natural resources of the State,to the public health,or to private property
resulting from the violation;
(2) The duration and gravity of the violation;
(3) The effect on ground or surface water quantity or quality or on air quality;
(4) The cost of rectifying the damage;
(5) The amount of money saved by noncompliance;
(6) Whether the violation was committed willfully or intentionally;
(7) The prior record of the violator in complying or failing to comply with programs over which the Environmental
Management Commission has regulatory authority; and
(8) The cast to the State of the enforcement procedures.
Within thirty (30) days of receipt of this notice,you must do one of the following:
(1) Submit payment of the penalty, OR
(2) Submit a written request for remission,OR
(3) Submit a written request for an administrative hearing
Option 1: Submit payment of the penalty:
Payment should be made directly to the order of the Department of Environmental Quality(do not include waiver
form). Payment of the penalty will not foreclose further enforcement action for any continuing or new violation(s).
Please submit payment to the attention of
Wastewater Branch
Division of Water Resources
1617 Mail Service Center
Raleigh,North Carolina 27699-1617
h
t
Option 2: Submit a written request for remission or mitigation including a detailed justification for such
request:
Please be aware that a request for remission is limited to consideration of the five factors listed below as they may
relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper
procedure for contesting whether the violation(s)occurred or the accuracy of any of the factual statements contained in
the civil penalty assessment document. Because a remission request forecloses the option of an administrative hearing,
such a request must be accompanied by a waiver of your right town administrative hearing and a stipulation and
agreement that no factual or legal issues are in dispute. Please prepare a detailed statement that establishes why you
believe the civil penalty should be remitted, and submit it to the Division of Water Resources at the address listed below.
In determining whether a remission request will be approved, the following factors shall be considered:
(1) whether one or more of the civil penalty assessment factors in NCGS 143B-282.I(b)was wrongfully
applied to the detriment of the petitioner;
(2) whether the violator promptly abated continuing environmental damage resulting from the violation;
(3) whether the violation was inadvertent or a result of an accident; -
(4) whether the violator had been assessed civil penalties for any previous violations; or
(5) whether payment of the civil penalty will prevent payment for the remaining necessary remedial actions.
Please note that all evidence presented in support of your request for remission must be submitted in writing. The
Director of the Division of Water Resources will review your evidence and inform you of his decision in the matter of
your remission request. The response will provide details regarding the case status,directions for payment,and
provision for further appeal of the penalty to the Environmental Management Commission's Committee on Civil Penalty
Remissions(Committee). Please be advised that the Committee cannot consider information that was not part of the
original remission request considered by the Director. Therefore,it is very important that you prepare a complete and
thorough statement in support of your request for remission.
In order to request remission,you must complete and submit the enclosed"Request for Remission of Civil Penalties;
Waiver of Right to an Administrative Hearing,and Stipulation of Facts"form within thirty(30)days of receipt of this
notice The Division of Water Resources also requests that you complete and submit the enclosed"Justification for
Remission Request"
Both forms should be submitted to the following address:
Wastewater Branch
Division of Water Resources
1617 Mail Service Center
Raleigh,North Carolina 27699-1617
Option 3: File a petition for an administrative hearing with the Office of Administrative Hearings:
If you wish to contest any statement in the attached assessment document you must file a petition for an administrative
hearing. You may obtain the petition form from the Office of Administrative Hearings. You must file the petition with
the Office of Administrative Hearings within thirty(30)days of receipt of this notice. A petition is considered filed
when it is received in the Office of Administrative Hearings during normal office hours. The Office of Administrative
Hearings accepts filings Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m., except for official state
holidays. The petition may be filed by facsimile(fax)or electronic mail by an attached file(with restrictions)-provided
the signed original,one(1)copy and a filing fee(if a filing fee is required by NCGS §150B-23.2)is received in the
Office of Administrative Hearings within seven(7)business days following the faxed or electronic transmission. You
should contact the Office of Administrative Hearings with all questions regarding the filing fee and/or the details of the
filing process.
The mailing address and telephone and fax numbers for the Office of Administrative Hearings are as follows:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh,NC 27699-6714
Tel: (919)733-2698
Fax: (919)733-3478
One(1)copy of the petition must also be served on DEG as follows:
Mr. William F.Lane, General Counsel
Department of Environmental Quality
1601 Mail Service Center
J Raleigh,North Carolina 27699-1601
Please indicate the cage number(as found on page one of this letter)on the petition.
Failure to exercise one of the options above within thirty (30)days of receipt of this letter,as evidenced by an internal
date/time received stamp(not a postmark),will result in this matter being referred to the Attorney General's Office for
j collection of the penalty through a civil action. Please be advised that additional penalties may be assessed for violations
-( that occur after the review period of this assessment.
i
If you have any questions,please contact Janet Cantwell with the Division of Water Resources staff of the Asheville
Regional Office at(828)296-4667 or via email atjanet.cantwell@ncdem.gov.
Sincerely,
G. Landon Davidson,P.G.,Regional Supervisor
Water Quality Regional Operations Section
Asheville Regional Office
Division of Water Resources,NCDEQ
ATTACHMENTS
Cc: WQS Asheville Regional Office-Enforcement File
NPDES Compliance/Enforcement Unit-Enforcement File
WQ Lab&Operations/ORC
cnmx�o@W.orv«vo:�<woaannwrs�nan,�enwb N"."Ill ,11171omnt
JUSTIFICATION FOR REMISSION REQUEST
Case Number: MV-2017-0002 County: Avery
Assessed Party: Adams Apple Homeowners Association Inc
Permit No.: NC0042358 Amount Assessed: $516.62
Please use this form when requesting remission of this civil penalty. You must also complete the 'Request For Remission,
Waiver of Right to an Administrative Hearing, and Stipulation of Facts"form to request remission of this civil penalty.
You should attach any documents that you believe support your request and are necessary for the Director to consider in
evaluating your request for remission. Please be aware that a request for remission is limited to consideration of the five
factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting
remission is not the proper procedure for contesting whether the violation(s)occurred or the accuracy of any of the factual
statements contained in the civil penalty assessment document. Pursuant to N.C.G.S. § 14313-282.1(c),remission of a civil
penalty maybe granted only when one or more of the following five factors apply. Please check each factor that you
believe applies to your case and provide a detailed explanation,including copies of supporting documents,as to why the
factor applies(attach additional pages as needed).
(a) one or more of the civil penalty assessment factors in N.C.G.S. 143B-282.1(b)were wrongfully applied to the
detriment of the petitioner(the assessment factors are listed in the civil penalty assessment document);
(b) the violator promptly abated continuing environmental damage resulting from the violation(i.e., explain the
steps that you took to correct the violation and prevent future occurrences);
(c) the violation was inadvertent or a result of an accident(i.e., explain why the violation was unavoidable or
something you could not prevent or prepare for);
(d) the violator had not been assessed civil penalties for any previous violations;
(e) payment of the civil penalty will prevent payment for the remaining necessary remedial actions(i.e., explain
how payment of the civil penalty will prevent you from performing the activities necessary to achieve
compliance).
EXPLANATION:
STATE OF NORTH CAROLINA DEPARTMENT OF.ENVIRONMENTAL QUALITY
COUNTY OF AVERY
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST. ) ADMINISTRATIVE HEARING AND
STIPULATION OF FACTS
Adams Apple Homeowners Association Inc )
Adams Apple Condominiums WWTP )
PERMIT NO.NC0042358 ) CASE NO. MV-2017-0002
Having been assessed civil penalties totaling$516.62 for violation(s)as set forth in the assessment document of the Division
of Water Resources dated April 06,2017,the undersigned,desiring to seek remission of the civil penalty,does hereby waive
the right to an administrative hearing in the above-stated matter and does stipulate that the facts are as alleged in the
assessment document. The undersigned further understands that all evidence presented in support of remission of this civil
penalty must be submitted to the Director of the Division of Water Resources within thirty (30)days of receipt of the notice
of assessment. No new evidence in support of a remission request will be allowed after(30)days from the receipt of the
notice of assessment.
This the day of 120
SIGNATURE
ADDRESS
TELEPHONE
ATTACHMENTA
Adams Apple Homeowners Association Inc
CASE NUMBER: MV-2017-0002
PERMIT: NCO042358 REGION: Asheville
FACILITY: Adams Apple Condominiums WWTP COUNTY: Avery
MONITORING VIOLATION(S)
SAMPLE LOCATION: Outfall 001 -Effluent
Violation Report Unit of Limit Calculated %Over Violation Penalty
Date MonthNr Parameter Frequency Measure Value Value Limit Type Amount
8/06/2016 8-2016 Temperature,Water 5 X week deg c Frequency $100.00
Deg.Centigrade Violation
8/13/2016 8-2016 Temperature,Water 5Xweek deg Frequency $100.00
Deg. Centigrade Violation
8/20/2016 8-2016 Temperature,Water 5Xweek deg Frequency $100.00
Deg. Centigrade Violation
8/27/2016 8-2016 Temperature,Water 5 X week deg c Frequency $100.00
Deg. Centigrade Violation
EFFLUENT
NPDES PERMIT No. NCO042358 DISCHARGE NO. 001 MONTH AUGUST YEAR 2016
FACILITY NAME Adams Apple HOA GLASS II COUNTY Av@ry
OPERATOR IN RESPONSIBLE CHARGE(ORC) Denver Eggers GRADE I) PHONE(828)898-6277
CERTIFIED.LABORATORIES(1)Water Quality Lab&Oparations,Inc,
CHECK BOX IF ORD HAS CHANGED [j PERSQ (S)COLLECTING SAMPLES . Denver Eggers
Mail : CENTRALAL
F ONE COPY to; _ � ^}
ATTN: CENTRAL FILE$ x _
DIVISION OP WATER QUALITY (SIGNATURE OF OPE R IN RESPONSIBLE CHARGE) (DATE)
1617 MAIL SERVICE CENTS .CER
. BY THIS SIGNATURE TIFY THAT THIS REPORT IS
RALEIGH NC 27600.1617 5 ACCURATE AND COMPLETE TO THE:BEST OF MY KNOWLEDGE
aooao ao O tom 90..I o0n0 LOSS Ooe. LYMP tlo50o 00600 0a666 Doors 00066 D
PLOW
0 0 o Ef
P A P C INF. T' G P D
2.q E E 'RO N 6 EO o N H T
M 6 E N A U$ l 1 O N
0 AI A 0 A FE 6L MI T8E EI 80 T S P 0 OG
T'V T I EL MT oP6 CF 66 R P Y IP
A O.A o L RS le IO 800 OR TPI AO OY O H B C LE
ERL R $ y AI uP 34L Na ANP Lfl L.o G o T A
1 T U p.N I E L OU M V E E R 1 S
T U6 LE A.a EE IS N U T
0 0 5 y
TIME TIME A E T
T
N00 ON E GEOMETRIC
SITE . MEAN T.MI T1. .
Re NRS . YMI M60 O UNR I UGIL.I Mo1L MOIL MG4 dWIOOML MOIL MOIL MGM1 NTU umMelun MOIL
t 1 Iflool 0.2f Y 1 OL0041 261 6.81 <10
2 1 uentl 1.4 Y. 1 O.0021 1 1 <151 6.4 15.10 IS a
3 1 11101 1.2. Y 1 0X02
A 1 11001 0.31 Y 1 0.002.
5 I E401 0.21 Y. 0,003
6 0003
0.0031
0 1310 .0.¢ Y •0.003 22 7.n s15
9. 915 0.2 Y tl 03. 413
10 1199 0.2 V 0.004 < 20 701 8 < 1 .
11 615 0.2 Y 0.003
12 1020 0:2 Y 0002
13: _ 0.004
14 0.004 - -'
15 1245 1,2 Y. . 0.004 20. 6.8 a15
16 945 2 Y 0.002 <16 2.0 < 0.20 15 < 3.
II 1205 0.2 Y 0.002
18 1200. 0.2. Y 0.002
19 9201 0.3 V O.0G3
--iL OX0.
21 0.003. 1 - ..
22 930 0.2. V 01003 23 7.0. <15
23 1200 0.2 Y 0,W4 <15 4.6 1. 27 < `1
24 tole 0.2 Y 0.003
25. . 915 0.21 Y 0.003
26 045 1.21 Y 0.003
27 GAO
0 0.001
29 900 1.2 Y 0.001. 22 0.8 <15
30 16201 03 Y 0.000 <15 5.7 < 020 39 < 1
1 9101 0.2 Y 01002
AVERAGE 0.003 m �15 3.9 4.8> 199 3.
MAIDMGM. 0.004. 26 7. <15 5.7 15.10 38 60
MINIMUM. 0.000 22 6.1 a15.. 0.20 8 1
COMM. Oil GRAB G G G 1 G I C I C C G
MONTHLYUIMIT LIS s5. xe 1 30 IS mR 1 5045 1 20,
��//��•• a1i111mI1.Yop-MnrcN3lm•L
Fecillty Smtms (Please check one of themfllowing)
All armiWel,data and sampling frequencies:meet permit requimel
All monitoring data and samplingfrequonalas do NOT most permit raquimerpo s
If thetacluty Is noncompllam,please comment On coneagea actlone befit taken In reepecttoequipment,operation,malmananaa,etc.,and atime made
for larm"Imeram W be made.
On.daily no r.m.pllanca-for kce,CNonna waa splutter,:add the proof was cdmpgord by the mcd samplae.
'I Celtlly,under penalty of law,that this document and all admhments wpm prepared under my diraction of.sopervlelan In accordance Wfth 0system deelgood
10 assure that Outlined pmeonnel properly gam., ad evaluate lire Information submitted..Based an my,local,offs parsecs oreencrom he manage Me a,eml,
or those persons direcfly re p nsldls for gathering the Information.me information 4ubmltlad Is to the best of my knowledge and ball f[me,accurate,and complete.
Iam as re that fare are algotment penalties forcubrnitling false Information including the p oMbilily bf flocs and imprisonmmA far Moran,v[.[air.'
Jedd
Photon, Pro riot oriyP ✓,� ((qq�� ,�,�.yyy
(argwlu�tP rmitl5nl^ (Date)
P OEm 2137.Samer Elk NC 28004 e28R83.4350 013012002
Parmltlm Addrena Phone Number Permit Exp.Data
PARAMETERCODES
00010Tempermum Dodge (Send Oreesa 00850 O1esp,mal Flaudde - OlG?T '8ilver 39516 PEPS
00005 BWam Stage 00600 TOW[Nitrogen 01002 Total Archaic OtOST Total Varerlum Mail Roundup
OOOTS Tolman, bONO AmmbnR Nitrogen 01027 Coal 01092 Zinc 6O047 Maximum.Flaw'-0rong
24�hr.period.
00200 Dissolved Oxygen 00625 TONI Klamahl Nibngarl 01032 HaxA.Wre Chmmlam 01105 TONI Aluminum 50034 Mtoor tan flaw during
14-hr.Paned
0031P800 00665 Total Phoaphtireua 01034 ObOmloin. 0n 147 T*bl selenium 50050 Flow
00340.COb 00720 Cyanlde Ot UST Total Cobalt 315N Total CaNmm 60050 Total Raddual Chlorine
00400pH 00746 Thal Sulnde 01042 Copper 31514 Fecal Calif.,.,MON,Tuba 7188O Formeitlehyde.
00500TONI Salida 00927 Total Magnesium 01043 Total eon -31616 Fecal Coliform 71200 Mercury
00630 TSS OONA Term!Sodium 01051 Lead 32730 Total Phanohps 113t8 Fermeyenidas
00545 Sedleeble Solids 00340' Tarot Chloride 04001 add. 38260 MOAB OW2 Time
Th.monthly average;far local chloral k W fact reportedas a GEOMETRIC.mean.Use only unite designaied.'Inch.Memo,ladlily'c parrot for mpading data.
tORC PullMallfrailty antl dagaWant thruition offamlgy As amoh pir 15A NCAC 8A.02O2(b)isf.(B1. "
•'It Signed other Upon Me ponaltyl delegation of sumatelY arefdrity muetheadnle with 010 MAW per ISO NCACIS.D506'lb)j2)lDF
DIVISION OF WATER RESOURCES-CIVIL PENALTY ASSESSMENT M!21
Violator: Adams Apple Homeowners Association Inc
Facility Name: Adams Apple Condominiums W WTP
Permit Number: NC0042358
County: Avery
Case Number: MV-2017-0002
ASSESSMENT FACTORS
1) The degree and extent of harm to the natural resources of the State,to the public health,or to private property
resulting from the violation;
All effluent violations may be detrimental to the receiving stream but may not be immediately quantified.
Potential violations may not be revealed with"Failure to Monitor."
2) The duration and gravity of the violation;
Temperature was not monitored four of the five days per week for four weeks per the requirements of
the NPDES permit.
3) The effect on ground or surface water quantity or quality or on air quality;
All effluent violations may be detrimental to the receiving stream but may not be immediately quantified.
Potential violations may not be revealed with"Failure to Monitor.
4) The cost of rectifying the damage;
The cost is unknown.
5) The amount of money saved by noncompliance;
The amount of money saved is unknown.The amount of money saved would include the cost of collection of the additional samples and the cost of
analyzing them at a certified lab.
6) Whether the violation was committed willfully or intentionally;
It does not appear to be either.
7) The prior record of the violator in complying or failing to comply with programs over which the Environmental
Management Commission has regulatory authority;and
There have been no civil penalty enforcements in the twelve months prior to this violation.
8) The cost to the State of the enforcement procedures.
$116.62
Date G.Landon Davidson,P.G.,Regional Supervisor
Water Quality Regional Operations Section
Asheville Regional Office
Division of Water Resources,NCDEQ
PERMIT NUMBER'. NG0042350 REGION Asheville 1 DMR BATCH DATE 4/12117 BATCH PAGE 2
OWNER: Adams Apple Homeowners Association Inc RECEIVED DATE 10/06/3016 MONTH 0 YEAR 2016
FACILITY: Adams Apple Condominiums WWTP OUTFALL: 001 LOCATION EFFLUENT COUNTY Avery
60050 00010 00400 50060 CO310 C0810 CO530 31818
put Oe0 so u85 Ted nal moll qu1100m1
RC OR OR OR CP CP CP OR
Fbw,In Tet,drid re, pH Chlinna, BO0,5-Dar Nilmpen, Bolltle,Trust Cohan,,
wntluitm Mier De0 Total Resitlual (20 Deg-C)- Ground Suspended- Fecal OF
Nrulrealmenl Centigrade Concntation Total(as N)- Concentration MFC troth,
plant Conversation 445 C
a a. m68qs
2 000E e15 54 1a,1 16 e0
rS3 000E
000E
parm
8 0a. 22 ]
8 0003
10 OOR Q701 e
11 me
12
13 pass
14 0004
15 0004 ad as ads
18 OW2 a15 Q AR 10
17
18
18 ad.
20 adds
21 0003
22
23 OrW 11 4e 1N 27 q
24
25 OW
26 ad03
2] Oast
28 0001
28 OWI 22BA a15
30 WAIVER all <57 as e1
31 pace
AVG O.00M452e. 479 as
MAX do. se ] 54 tat 3e as
MIN Oast 5e 0 e
REO 1s4us.
Cantwell,Janet
From: Water Quality Labs <waterqualitylabs@yahoo.com>
Sent: Wednesday,January 04, 201710:28 AM
To: Cantwell,Janet
Subject: Re:August DM Rs
Attachments: waterqualitylabs@yahoo.com 20170104_101359.pdf
Here's one - I'll send the other one in just a few.
Jenna Isenhour
Administrative Assistant
Water Quality Lab & Operations, Inc.
PO BOX 1167/1522 Tynecastle Hwy.
Banner Elk, North Carolina 28604
Phone-(828) 898-6277
Fax- (828) 898-6255
On Wednesday, January 4, 2017 10:13 AM, "Cantwell, Janet' <janet.cantwell@ncdenr.gov>wrote:
Hi Jenna---I just got your email but it had no attachments. (It must be Monday! Been there, done that too.)
Thanks---Janet
---------------------------------------------------------------
Janet Cantwell
Environmental Specialist—Asheville Regional Office
Water Quality Regional Operations Section
NCDEQ—Division of Water Resources
828-296-4500 Office
828-299-7043 Fax
Email: janet.cantwell@ncdenr.gov
2090 US Highway 70
Swannanoa, NC 28778-8211
to ^ - ^Nothing Compares..•....
E-mail correspondence to and from this address may be subject to the
North Carolina Public Records Law and may be disclosed to third parties.
From: Water Quality Labs [mailto:waterqualitylabs@yahoo.com]
Sent: Tuesday, January 03, 2017 9:29 AM
To: Cantwell, Janet <janet.cantwell@ncdenr.gov>
Subject: August DMRs
I apologize these took so long to get to you; it is hard to catch my operators around the holidays. Hard
copies are in the mail.
1
t? August 2016 DMRs.pdf
�+ 1'd li via Umpbox
Please let us know if you need anything!
Sincerely,
Jennalsenhour
Administrative Assistant
Water Quality Lab & Operations, Inc.
PO BOX 1167/1522 Tynecastle Hwy.
Banner Elk, North Carolina 28604
Phone-(828) 898-6277
Fax- (828) 898-6255
2
EFFLUENT
NPbES PERMIT No. NCO042358 DISCHARGE NO. 001 MONTH AUGUST YEAR 2016
FACILITYNAME Adams Apple HOA CLASS 11 COUNTY Avery
OPERATOR IN RESPONSIBLE CHARGE(ORb) Denver Eggers GRADE 11 PHONE(828)898-6277
CERTIFIED LABORATORIES a—bTZp—arw —
III Water OtIalily L I.ns,loo,
CHECK BOX IF ORC HAS CHANGED (I PER$ )COLLECTINGSAMPLES Denver Eggere
G S
Mail ORIGINAL and ONE COPY,to:
ATTN: CENTRAL PILES A
jl�
DIVISION OF WATER QUALITY NATURE OF PE R 1 5SPb 1,1
N R WISI LE allAA (DATE)
G
1617 MAIL SERVICE CENTER BYTHISSIONATURO, ERTIFY THAT THIS REPORT IS
RA EIGH.NC 27699-161T ACCURATE AND COMPLETE TO THE BEST 0
.0ma matod I M KNOWIL GE
S ON!-11
p A p INP II a p
M 0 0 N N T
a NO A N, u 0 T NO 0 a
A GCE eL S L M T T L I a I
A 6 9 1
A T v T N Ph I IMOD IN R 60 R p D
,A p
r a d p 200 N
I! L t al Q, K I LPG
y N R L T A
I A p M I
tr 6 V, R
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y
ON E OROMMIG
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MOO I Y. 94. 0 UNIT LJOIL MOIL MM Me& MOIL MOIL KG NTU "�Qdw MOIL
1061) 121 Y 0.004 20 ea, �151 ,
2 1030 1.41 Y 0.002 A51 5A I5;j0 16 60
3 ilia Ill Y 0.002 1
1109 0.3 Y 11002
40 0.2 Y oLoos
0.60a
_7 0.003
_8 131 0.2 Y 0.003 22 7.0 c151
015 0.2 Y 0.003 4151
1100 0.2 Y 0104 c-2,-o—7.01 —a
At. RIG Og y 0,06s
1320 0.2 Y 0.002
0.604
14 0.064
is I"usl 1.2 Y 0.004 26 6,6 4J5
is 0.2 y 0.0 — 2.0 OR
17 1205 0.2 Y 0.00
"is 1200, 0.2 y 0.60i
49 020 0.3 Y '0.001
'90 0.003
-if 0.003
u 930 0.2 Y 1160 m 7.01 �15
2_3 120 9...L2 Y 6.064 �15 4.6 .B4 27 4 1
24. Iola ga Y 0,603
AS__115 02 Y L0.003
26 —Y
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0.003 -15 39 48 19.81 3
0,004—a 7 0 415 5 3 1
2 e �15,21 .a -=21 010 02 L i ,
On %.0 AO
Family Btatug (M.... h..K on4:nf the bdlmdmpd
All mcloohadnBd40 and meopUrniffiroqwmulat mbatparmitre4ultdmafim
All monitoring data and e4mp110o f4Nuen i sm�do NOT m alApan m m nRrm4a mm
If tho focu1ty lemmeeol Ummm.eae Pomman(gn monmiy amdnpe 0.1nd td40n 10 nuearttoenvpma4l,4PeMdan,mmnlelfanda�etm.,aad a time t.bla
for lmpme manta to be mddp.
Ana daily nam44mpti.mm(4t arm,0blorindwe*adlWled and the generate germlamD (he xaoda pl.
^f Ffldpy,4�er p@Ialty o114W,lhrt Mle tle4ory(gm and eh aN0.4bmenb Wmra pripartal w tlat my dirbdYon of aapenleloh lnactu ndu not With as
yefpan daslPned,
I"ae6ym that 44a0114d P43onne)RmperlY 946erend a9ab AS theinformatlan 6ubm110tlr easad40 my ipgWrt'oftP.Parama..1 PmaoPawhe am"ago Memyarea,.
orthdt.PammuditeolfyYa°Ponaibbbr gmheNnothe lnbrimmim.me1.r."bdam toothed 1.to the heat of or,it.ledge•and W1A.atom,goadmiandoempten.
I am,BW,eto that bete masign)pmmtPanaUl.to,Imb.fimpblaeISeemmlan,Wounding Me pos3lbllbyof pneaend lriarkmm6nFf6r drumbB dolgbn4p I
i
1 uatldBe _
Permihp Rleae riot afry�ef,r��
0104et11 mpemgtor. (weal
I PRBm 916i B1nneFEINNO¢BBPb �'26 o6oa95C r9101202
PermlpPeAd teals Minn.Number pprMR pAala�
PARAMETER WOES
i
00010TPmpembee 0065E 011 and Orion. 00950 OI6ye19ad Flooded 01071 61bffi 0m¢16 PCP§
00051i 61aam 5mda. 00600 Total Nitrogen P1002 Tm91 tlracOlm g 01R5? Total Yalgdbm 3ge41 RoOnBap
000T6 Turbidity 00510 Amrn.m.NItmosd WOW Ord me 0102 ,Alpo GpOb] maximum Flow dudilq
24,hr.iadded
00406010.1v0 Pardue 00h2S 70eIR(4mht Mirolmry 01P92 "Mm damSamuel" MACES TAtalAimina. 60004 Minimum hpW noting
24dd"Pentad {
OOMO:No 00065 Tool Ph'asphonamor 01044 ONryMom, P1141 Teel selenium 50040 FbW {
0034000P 00720 Oyanide 01057 Tom Cobalt 01104 Tmbgotlform, 60060 Teml R1a1d441 Chiodma V
�I 004bQpN 06140 TomleN)ryg ¢1042 CJlppof 31614 Float Goldman,MPN,Tubs T1660 For"Iddehydh
OOe00 Total Sollda PONT Total MaRoftm 610a5 Tolat Iran 41516 Fepel Colif4+m 71900 Normal
00530 R66 00424 Tonal Sedbm 01051 lead 92Y50 10ml Rhepgfka III PAttooyipWde
00641 SmfiWbm 8o116s 00940 Toml Chloride 01067 Niak(4 ,g200 MISA,$. 8002 Sdhre
The NPmMIy warwoe for Saw nollbrM is b An repoR4d m A GEOMETRIC mean We#idlyments dompurfird t Me Mounting feollitpa pmmg for m,anumdnm.
•0RC'm44ty(eltf4Pllity 40,4d4pamenly1ep40o40010111YA.M4.11"Pat 10ANCA05A.0S02(b)(EJ(B(.
'^1f8lem0by othe lhout 4P'pmmin r,9e14delim,of-Ionmvy04thmitym9,tben111eWib beemm Par 15A NCAC 2BAdog{@)(IO(O�
1
i
III
MEMO
PERMIT NUMBER. NCO042358 REGION Asheville 1 OMR BATCH DATE 41112117 BATCH PAGE 2
OVMER: Adam.Apple Homeowners Association Inc RECEIVED DATE 11/0]M018 MONTH 8 YEAR 2016
FACILITY: Atlama Apple Contiominiems 4 P OUTFALL 001 LOCATION EFFLUENT COUNTY Avery
50050 00010 W400 WO50 C0310 C0610 C0530 31610
m00 de0c an Sall m0a D'A men fW100m1
RC OR OR OR CP CP CP OR
Flew.In ]amparslure, pH China-, BCD 5-Day Nilmean, Sol Total Colide ,
mn0unor Vote'Dep. Tolsl Rasid-I (20 De0.C)- Ammonia Suspended FBc01MF,
NrWreanenl Cenllamtle Concenlation TDWI(as N)- Concenlalion MFC BIoth,
plant Concenlmllon 44,5 C
001,
2 0.003 03
3
4 O.OW
5 OOo3 HOLIDAY HODDAY HOLIDAY HOLIDAY HOLIDAY HOLIDAY HOLIDAY
8 0003 22 80 a1A
] 15 sl 7003 <1
8 oa03 23
B OOW 23
10 BOM
11 0003
12 0003 1E 6a all
13 23 q51 2A 27 1
14 n003
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18 8003 22
1
18 0004
18 o80a 23 2 11
20 0.003 22179 20
21 co.
22 01. 22
23 25
24 Me
25 use
28 0003 23 SA <
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28 D002 23
20 o0D3 22
30 3.32 20
31
AVG see 23 53 as 3
MAX 0 get 25 7 <15 8.3 2. 42 1
MIN us. 20 BA < 4 0a3 20
GEO
PERMIT NUMBER: NCO042358 REGION Aallevllle 1 DMR BATCH DATE 4BI17 BATCH PAGE 2
OWNER: Adams Apple Homeowners Association Inc RECEIVED DATE IOIOWO16 MONTH 8 YEAR 2016
FACILITY: Adams Apple Condominiums IWNTP OUTFALL'. 001 LOCATION EFFLUENT COUNTY Avery
50050 OOo10 00400 50060 C0310 C0610 Co. 31616
mgd end su uga m00 mge melt c1W100ml
RC OR OR OR CP CP CP OR
Flow,In Tempemlure, pH Chloride I BCD,5 Day Nitrogen, Solids,Total C011(oml,
cvn0ullor Water Oeg. TOUI Residual C.Deg.C)- Ammonia Suspended Fecal MF,
enru treatment Cenligtade Concentrellon Tool(as N)- Concentration NEC Broa,
plant Concenlmtion 445 C
dW9 se <
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4 0002
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22 loW 1
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24 Idi
25
28
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MAX I IN 25 7 0 d.I 15.1 % ad
MIN 22 0 0 0 a
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Certified Mail # 7015 1520 0003 5463 1728
Return Receipt Requested
February 1, 2017
Larry Lehning Adams Apple Homeowners Association Inc
1208 Kelty Ct - -
Cary, NC 27511
SUBJECT: NOTICE OF VIOLATION &INTENT TO ASSESS CIVIL PENALTY
Tracking Number: NOV-2017-MV-0016
Permit No. NCO042358
Adams Apple Condominiums WWTP
Avery County
Dear Permittee:
A review of the August 2016 Discharge Monitoring Report(DMR) for the subject facility revealed the violation(s)
indicated below:
Monitoring Violation(s):
Sample Monitoring
Location Parameter Date Frequency Type of Violation
001 Effluent Temperature,Water Deg. (Week ending 8/06/2016) 5 X week Frequency Violation
Centigrade (00010)
001 Effluent Temperature, Water Deg. (Week ending 8/13/2016) 5 X week Frequency Violation
Centigrade(00010)
001 Effluent Temperature, Water Deg. (Week ending 8/20/2016) 5 X week Frequency Violation
Centigrade(00010)
001 Effluent Temperature,Water Deg. (Week ending 8/27/2016) 5 X week Frequency Violation
Centigrade (00010)
A Notice of Violation/Intent to Issue Civil Penalty is being issued for the noted violation of North Carolina General
Statute (G.S.) 143-215.1 and the facility's NPDES Permit. Pursuant to G.S. 143-215.6A,a civil penalty of not
more than twenty-five thousand dollars ($25,000.00) may be assessed against any person who violates or fails
to act in accordance with the terms, conditions, or requirements of any permit issued pursuant to G.S.
143-215.1.
State ofNorlh Caroline I Envir aaneatel Quality I Wate,Resources
2090 U.S.70 Highway,Swannanoa,NC 28778
828-296-4500
If you wish to provide additional information regarding the noted violation, request technical assistance, or
discuss overall compliance please respond in writing within ten (10) business days after receipt of this Notice.
A review of your response will be considered along with any information provided on the submitted Discharge
Monitoring Report(s). You will then be notified of any civil penalties that may be assessed regarding the
violations. If no response is received in this Office within the 10-day period, a civil penalty
assessment may be prepared. _
Remedial actions should have already been taken to correct this problem and prevent further occurrences in the
future. The Division of Water Resources may pursue enforcement.action for this and any additionalviolations of
State law.
Reminder: Pursuant to Permit Condition 6 in Section E, the Permittee is required to verbally notify the Regional
Office as soon as possible, not to exceed 24 hours, from first knowledge of any non-compliance at
the facility including limit violations, bypasses of, or failure of a treatment unit. A written report may
be required within 5 days if directed by Division staff. Prior notice should be given for anticipated or
potential problems due to planned maintenance activities, taking units off-line, etc.
If you have any questions concerning this matter, please contact Janet Cantwell of the Asheville Regional
Office at 828-296-4500.
Sincerely,
G. Landon Davidson, P.G., Regional Supervisor
Water Quality Regional Operations Section
Asheville Regional Office
Division of Water Resources, NCDEQ
Cc: WQS Asheville Regional Office - Enforcement File -
NPDES Compliance/Enforcement Unit- Enforcement File
WQ Lab &Operations/ ORC
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Certified Mail # 7015 1520 0003 5463 1728
Return Receipt Requested
February 1, 2017
Larry Lehning
Adams Apple Homeowners Association Inc
1208 Kelty Ct
Cary, NC 27511
SUBJECT: NOTICE OF VIOLATION &INTENT TO ASSESS CIVIL PENALTY
Tracking Number: NOV-2017-MV-0016
Permit No. NCO042358
Adams Apple Condominiums W% TP
Avery County
Dear Permittee:
A review of the August 2016 Discharge Monitoring Report (DMR) for the subject facility revealed the violation(s)
indicated below:
Monitoring Violation(s): -- - -.
Sample Monitoring
Location Parameter Date Frequency Type of Violation
001 Effluent Temperature, Water Deg. (Week ending 8/06/2016) 5 X week Frequency Violation
Centigrade (00010)
001 Effluent Temperature, Water Deg. (Week ending 8/13/2016) 5 X week Frequency Violation
Centigrade(00010)
001 Effluent Temperature, Water Deg. (Week ending 8/20/2016) 5 X week Frequency Violation
Centigrade(00010)
001 Effluent Temperature, Water Deg. (Week ending 8/27/2016) 5 X week Frequency Violation
Centigrade(00010)
A Notice of Violation/Intent to Issue Civil Penalty is being issued for the noted violation of North Carolina General
Statute (G.S.) 143-215.1 and the facility's NPDES Permit. Pursuant to G.S. 143-215.6A, a civil penalty of not
more than twenty-five thousand dollars ($25,000.00) may be assessed against any person who violates or fails
to act in accordance with the terms, conditions, or requirements of any permit issued pursuant to G.S.
143-215.1.
State dNorth Carolina l Emiroamental Quality l Water Resources
2090 Us,70 Highway,Swaananos,NC 28778
828-296-4500
If you wish to provide additional information regarding the noted violation, request technical assistance, or
discuss overall compliance please respond in writing within ten (10) business days after receipt of this Notice.
A review of your response will be considered along with any information provided on the submitted Discharge
Monitoring Report(s). You will then be notified of any civil penalties that may be assessed regarding the
violations. If no response is received in this Office within the 10-day period, a civil penalty
assessment may be prepared.
Remedial actions should have already been taken to correct this problem and prevent further occurrences in the
future. The Division of Water Resources may pursue enforcement action for this and any additional violations of
State law.
Reminder: Pursuant to Permit Condition 6 in Section E, the Permittee is required to verbally notify the Regional
Office as soon as possible, not to exceed 24 hours, from first knowledge of any non-compliance at
the facility including limit violations, bypasses of, or failure of a treatment unit. A written report may
be required within 5 days if directed by Division staff. Prior notice should be given for anticipated or
potential problems due to planned maintenance activities, taking units off-line, etc. -
If you have any questions concerning this matter, please contact Janet Cantwell of the Asheville Regional
Office at 828-296-4500.
Sincerely,
G. Landon Davidson, P.G., Regional Supervisor _
Water Quality Regional Operations Section
Asheville Regional Office
Division of Water Resources, NCDEQ
Cc: WQS Asheville Regional Office - Enforcement File
NPDES Compliance/Enforcement Unit- Enforcement File
WQ Lab &Operations/ ORC
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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Wakild, P.E, Dee Freeman
Governor Director Secretary
September 15,2012 ,
Mr. Larry Lehning
r----
Adams Apple Homeowners Association;Inc.
1208 Kelly Court
Cary,NC 27511
Subject: Issuance ofNPDES Permi[NC0042358
G SfP 1 9 2012 'I10
Adams Apple Condominiums W WTP
AveryCounty AIAA� n, rtm sL(,ripN
-- _. ... ..._.::...: ECT FILE
Dear Mr. Lehning:
Division personnel have reviewed and approved your application for renewal of the subject permit. Accordingly;
we are forwarding the attached NPDES discharge permit. This permit is issued pursuant to the requirements of
North Carolina General Statute 143-215.1 and the Memorandum of Agreement between North Carolina and the
U.S. Environmental Protection Agency dated October 15,2007(or as subsequently amended).
This final permit includes no significant changes from the draft permit sent to you on July 18,2012.
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 most 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 (6714 Mail Service Center,Raleigh,North
Carolina 27699-6714). Unless such demand is made, this decision shall be final and binding.
Please note that this permit is not transferable except after notice to the Division. The Division may require
modification or revocation and reissuance of the permit. This permit does not affect the legal requirements to
obtain other permits which may be required by the Division of Water Quality or permits required by the Division
of Land Resources,the Coastal Area Management Act or any other Federal or Local governmental permit that
may be required.
If you have any questions concerning this permit,please contact Bob Sledge at telephone number(919) 807-
6398,or via e-mail at bob.sledge@ncdem.gov.
gChafie
��akild,P.E.
cc: Central Files
Asheville.Regional Office/Surface Water Protection Section
NPDES File
1617 Mall Service Center,Raleigh,North Carolina 27699-1617 One
Local on 512 N.Salisbury St.Raleigh,North Calerna 27604 No-thCarOhna
Phone:91980763001 FAX 919,807-6492 - �y/
Internet:wpnv.ncwaterquality.org
An Equal opportunity\AM aturK`�l/
merin Acton Employer bi
Permit NC0042358
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
PERMIT
J
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,the
Adams Apple Homeowners Association, Inc.
is hereby authorized to discharge wastewater from a facility located at the
Adams Apple Condominiums WWTP
OFF NC Highway 105
Southeast of Banner Elk
Avery County
to receiving waters designated as the Watauga River in the Watauga River Basin
in accordance with effluent limitations,monitoring requirements,and other conditions set forth in Parts
I,II,III and IV hereof.
This permit shall become effective October 1, 2012.
This permit and authorization to discharge shall expire at midnight on September 30, 2017.
Signed this day September 15, 2012.
i
it
VC r Wakild,P.E., Director
r,,on of Water Quality
By Authority of the Environmental Management Commission
Permit NC0042358
SUPPLEMENT TO PERMIT COVER SHEET
All previous NPDES Permits issued to this facility,whether for operation or discharge are hereby
revoked. As of this permit issuance, any previously issued permit bearing this number is no longer
effective. Therefore, the exclusive authority to operate and discharge from this facility arises under the
permit conditions,requirements,terms, and provisions included herein.
The Adams Apple Homeowners Association, Inc.
is hereby authorized to:
1. Continue to operate an existing 0.020 MGD wastewater treatment system with the following
components:
♦ Bar screen
♦ Aeration basin
♦ Clarifier with sludge return
♦ Tablet chlorinator
♦ Contact basin
♦ Dechlorination
♦ Flow meter
♦ Cascade aerator
The facility is located southeast of Banner Elk at the Adams Apple Condominiums W WTP, off NC
Highway 105,in Avery County.
2. Discharge from said treatment works at the location specified on the attached map into the Watauga
River, currently a class B-Trout HQW water in the Watauga River Basin.
Permit NC0042358
,r
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NPDES Permit NCO042358 Facility
Adams Apple Condominiums WWTP Location
Latitude:36°07'45" Longitude:81°49'10"
Quad# MINE Stream Class:B-Trout-HQW North Ave County
Receiving Stream:Watauga River Subbasin:040201 Avery
- C") r PermitNC0042358
A. (L) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS -FINAL
During the period beginning on the effective date of the permit and lasting until expiration,the
Penal is authorized to discharge from outfall 001. Such discharges shall be limited and monitored
by the Pernittee as specified below:
EFFLUENT CHARACTERISTICS LIMITS MONITORING REQUIREMENTS
Monthly Daily Measurement Sample Sample
Parameter Code Average Maximum Frequency Type Locationl
Flow 50050 0.020 MGD Continuous Recording Influent or
Effluent
BOD,5-day(20°C) C0310 30.0 ni 45.0 n lL Weekly Composite Effluent
Total Suspended Solids C0530 30.0 mg/L 45.0 mg1L Weekly Composite Effluent
NHa as N(April 1-October 31 C0610 11.0 mi 35.0 mg1L Weekly Composite Effluent
( as N
November 1-March 31 C0610
32.0 mi 35.0 mg/L Weekly Composite Effluent
No
Fecal Coll(geometric mean) 31616 2001100 ml 4001100 ml Weekly Grab Effluent
Total Residual Chlorine2 60060 28 µg1L 21Week Grab Effluent
Temperature(°C) 00010 Daily Grab Effluent
Temperature(°C) 00010 Weekly Grab Upstream&
Downstream
pH3 00400 Weekly Grab Effluent
Footnotes:
1. Upstream =50 feet upstream of outfall; Downstream=50 feet downstream of outfall.
2. The Division shall consider all effluent TRC values reported below 50 µg/L to be in compliance
with the permit. However, the Permittee shall continue to record and submit all values reported by
a North Carolina certified laboratory (including field certified), even if these values fall below 50
µg/L.
3. The pH shall not be less than 6.0 standard units nor greater than 9.0 standard units.
There shall be no discharge of floating solids or visible foam in other than trace amounts
C) `-`DES Permit Standard Conditions
Page 1 of 1S
PART II
STANDARD CONDITIONS FOR NPDES PERMITS
Section A. Definitions
2/Month
Samples are collected twice per month with at least ten calendar days between sampling events.These samples shall be
representative of the wastewater discharged during the sample period.
3/Week
Samples are collected three times per week on three separate calendar days. These samples shall be representative of
the wastewater discharged during the sample period.
Act or"the Act"
The Federal Water Pollution Control Act,also known as the Clean Water Act(CWA),as amended,33 USC 1251,et.
seq.
Annual Average
The arithmetic mean of all"daily discharges"of a pollutant measured during the calendar year. In the case of fecal
coliform,the geometric mean of such discharges.
Arithmetic Mean
The saturation of the individual values divided by the number of individual values.
Bypass
The known diversion of waste streams from any portion of a treatment facility including the collection system,which is
not a designed or established or operating mode for the facility.
Calendar Dau
The period from midnight of one day until midnight of the next day. However,for purposes of this permit,any
consecutive 24-hour period that reasonably represents the calendar day may be used for sampling,
Calendar Week
The period from Sunday through the following Saturday.
Calendar Quarter
One of the following distinct periods:January through March,April through June,July through September, and
October through December.
Composite Sample
A sample collected over a 24-hour period by continuous sampling or combining grab samples of at least 100 mL in
such a manner as to result in a total sample representative of the wastewater discharge during the sample period. The
Director may designate the most appropriate method(specific number and size of aliquots necessary,the time interval
between grab samples,etc.)on a case-by-case basis. Samples may be collected manually or automatically. Composite
samples may be obtained by the following methods:
(1) Continuous:a single,continuous sample collected over a 24-hour period proportional to the rate of flow.
(2) Constant time/variable volume: a series a£grab samples collected at equal time intervals over a 24 hour period
of discharge and combined proportional to the rate of flow measured at the time of individual sample
collection,or
(3) Variable time/constant volume: a series of grab samples of equal volume collected over a 24 hoar period with
the time intervals between samples determined by a preset number of gallons passing the sampling point. Flow
measurement between sample intervals shall be determined by use of a flow recorder and totalizer, and the
preset gallon interval between sample collection fixed at no greater than 1/24 of the expected total daily flow at
the treatment system,or
Version 1110912011
rNPDES Permit Standard Conditions
Page 2 of 18
(4) Constant time/constant volume: a series of grab samples of equal volume collected over a 24-hour period at a
constant time interval.Use of this method requires prior approval by the Director.This method may only be
used in situations where effluent flow rates vary less than 15 percent.The following restrictions also apply:
➢ Influent and effluent grab samples shall be of equal size and of no less than 100 milliliters
➢ Influent samples shall not be collected more than once per hour.
➢ Permittees with wastewater treatment systems whose detention time<24 hours shall collect effluent grab
samples at intervals of no greater than 20 minutes apart during any 24-hour period.
➢ Permittees with wastewater treatment systems whose detention time exceeds 24 hours shall collect effluent
grab samples at least every six hours;there must be a minimum of four samples during a 24-hour sampling
period.
Continuous flow measurement
Flow monitoring that occurs without interruption throughout the operating hours of the facility.Flow shall be
monitored continually except for the infrequent times when there may be no flow or for infrequent maintenance
activities on the flow device.
Daily Discharge
The discharge of a pollutant measured during a calendar day or any 24-hour period that reasonably represents the
calendar day for purposes of sampling. For pollutants measured in units of mass,the"daily discharge"is calculated as
the total mass of the pollutant discharged over the day.For pollutants expressed in other units of measurement,the
"daily discharge"is calculated as the average measurement of the pollutant over the day. (40 CFR 122.2; see also
"Composite Sample,"above.)
Daily Maximum
The highest"daily discharge'during the calendar month.
Daily Sampling
Parameters requiring daily sampling shall be sampled 5 out of every 7 days per week unless otherwise specified in the
pemtit. Sampling shall be conducted on weekdays except where holidays or other disruptions of normal operations
prevent weekday sampling. If sampling is required for all seven days of the week for any permit parameter(s),that
requirement will be so noted on the Effluent Limitations and Monitoring Page(s).
D WO or"the Division"
The Division of Water Quality,Department of Environment and Natural Resources.
Effluent
Wastewater discharged following all treatment processes from a water pollution control facility or other point source
whether treated or untreated.
EMC
The North Carolina Environmental Management Commission
EPA
The United States Environmental Protection Agency
Facility Closure
Cessation of all activities that require coverage under this NPDES permit.Completion of Facility closure will allow this
pemtit to be rescinded.
Geometric Mean
The Nth root of the product of the individual values where N=the number of individual values.For purposes of
calculating the geometric mean,values of"0"(or"< [detection level]")shall be considered=1.
Grab Sample
Individual samples of at least 100 ad,collected over a period of time not exceeding 15 minutes.Grab samples can be
collected manually.Grab samples must be representative of the discharge(or the receiving stream,for instream
samples).
Version 1110912011
( I)ES Permit Standard Conditions
Page 3 of 18
Hazardous Substance
Any substance designated under 40 CFR Part 116 pursuant to Section 311 of the CWA.
Instantaneous flow measurement
The flow measured during the minimum time required for the flow measuring device or method to produce a result in
that instance.To the extent practical,instantaneous flow measurements coincide with the collection of any grab
samples required for the same sampling period so that together the samples and flow are representative of the discharge
during that sampling period.
Monthly Average(concentration limit)
The arithmetic mean of all"daily discharges'of a pollutant measured during the calendar month.In the case of fecal
coliform or other bacterial parameters or indicators,the geometric mean of such discharges.
Permit Issuing Authority
The Director of the Division of Water Quality.
Quarterly Average(concentration limit)
The arithmetic mean of all samples taken over a calendar quarter.
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 excludes economic loss caused by delays in production.
Toxic Pollutant:
Any pollutant listed as toxic under Section 307(a)(1)of the CWA.
Upset
An incident beyond the reasonable control of the Permittee,causing unintentional and temporary noncompliance with
permit effluent limitations and/or monitoring requirements.An upset does not include noncompliance caused by
operational error,improperly designed treatment facilities,inadequate treatment facilities, lack of preventive
maintenance,or careless or improper operation.
Weekly Average(concentration limit)
The arithmetic mean of all"daily discharges"of a pollutant measured during the calendar week.In the case of fecal
coliform or other bacterial parameters or indicators,the geometric mean of such discharges.
Section B. General Conditions
1. Duty to Comply
The Pennittee must comply with all conditions of this permit.Any permit noncompliance constitutes a violation of
the CWA and is grounds for enforcement action;for permit termination,revocation and reissuance,or
modification; or denial of a permit renewal application[40 CFR 122.411.
a. The Permittee shall comply with effluent standards or prohibitions established under section 307(a)of the
CWA for toxic pollutants and with standards for sewage sludge use or disposal established under section
405(d)of the CWA within the time provided in the regulations that establish these standards or prohibitions or
standards for sewage sludge use or disposal,even if the permit has not yet been modified to incorporate the
requirement.
b. The CWA provides that any person who violates section[s] 301,302,306,307,308,318 or 405 of the Act,or
any permit condition or limitation implementing any such sections in a permit issued under section 402,or any
requirement imposed in a pretreatment program approved under sections 402(a)(3)or 402(b)(8)of the Act,is
subject to a civil penalty not to exceed$37,500 per day for each violation. [33 USC 1319(d)and 40 CFR
122.41(a)(2)]
c. The CWA provides that any person who negligently violates sections 301,302,306,307,308,318,or 405 of
the Act,or any condition or limitation implementing any of such sections in a permit issued under section 402
of the Act,or any requirement imposed in a pretreatment program approved under section 402(a)(3)or
402(b)(8)of the Act,is subject to criminal penalties of$2,500 to$25,000 per day of violation,or
Version 11/092011
l i (—),NPDES Permit Standard Conditions '
Page 4 of 18
imprisonment of not more than I year,or both.In the case of a second or subsequent conviction for a negligent
violation,a person shall be subject to criminal penalties of not more than$50,000 per day of violation,or by
imprisonment of not more than 2 years,or both. [33 USC 1319(c)(1)and 40 CFR 122.41(a)(2)]
d. Any person who knowingly violates such sections,or such conditions or limitations 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.In the
case of a second or subsequent conviction for a knowing violation,a person shall be subject to criminal
penalties of not more than$100,000 per day of violation,or imprisonment of not more than 6 years,or both.
[33 USC 1319(c)(2)and 40 CFR 122.41(a)(2)]
e. Any person who knowingly violates section 301,302,303, 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,and'
who knows at that time that he thereby places another person in imminent danger of death or serious bodily
injury, shall, upon conviction,be subject to a fine of not more than$250,000 or imprisonment of not more than
15 years,or both.In the case of a second or subsequent conviction for a knowing endangerment violation,a
person shall be subject to a fine of not more than$500,000 or by imprisonment of not more than 30 years,or
both.An organization,as defined in section 309(e)(3)(B)(iii)of the CWA,shall,upon conviction of violating
the imminent danger provision,be subject to a fine of not more than$1,000,000 and can be fined up to
$2,000,000 for second or subsequent convictions. [40 CFR 122.41(a)(2)]
f Under state law,a civil penalty of not more than$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. [North
Carolina General Statutes § 143-215.6A]
g. Any person may be assessed an administrative penalty by the Administrator for violating section 301,302,
306,307,308, 318 or 405 of this Act,or any permit condition or limitation implementing any of such sections
in a permit issued under section 402 of this Act.Administrative penalties for Class I violations are not to
exceed$16,000 per violation,with the maximum amount of any Class I penalty assessed not to exceed
$37,500.Penalties for Class H violations are not to exceed$16,000 per day for each day during which the
violation continues,with the maximum amount of any Class lI penalty not to exceed$177,500. [33 USC
1319(g)(2)aid 40 CFR 122.41(a)(3)]
2. Duty to Mitigate
The Permittee shall take all reasonable steps to minimize or prevent any discharge or sludge use or disposal in
violation of this permit with a reasonable likelihood of adversely affecting human health or the environment[40
CFR 122.41(d)].
3. Civil and Criminal Liability
Except as provided in permit conditions on"Bypassing"(Part II.C.4),"Upsets"(Part II.C.S)and"Power Failures"
(Part H.C.7),nothing in this permit shall be construed to relieve the Pcmrittec 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
Nothing in this permit shall be construed to preclude the institution of any legal action or relieve the Pemrittee
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 say invasion of personal rights,nor any
infringement of Federal, State or local laws or regulations[40 CFR 122.41(g)].
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.
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7. Severability
The provisions of this permit are severable. 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[NCGS 150E-23].
8. Duty to Provide Information
The Permittee shall furnish to the Pennit 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 by this permit[40 CFR 122.41(h)].
9. Duty to Reapply
If the Permittee wishes to continue an activity regulated by this permit after the expiration date of this parrot,the
Permittee must apply for and obtain a new pernut[40 CFR 122.41(b)].
10. Expiration of Permit
The Penuitteeis not authorized to discharge after the expiration date.In order to receive automatic authorization to
discharge beyond the expiration date, the Pennittee 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 unless permission for a
later date has been granted by the Director. (The Director shall not grant permission for applications to be
submitted later than the expiration date of the existing permit) [40 CFR 122.21(d)]Any Permittee that has not
requested renewal at least 180 days prior to expiration,or any Pemuttee that does not have a permit after the
expiration and has not requested renewal at least 180 days prior to expiration,will subject the Permittee to
enforcement procedures as provided in NCGS 143-215.6 and 33 USC 1251 et. seq.
11. Signatory Requirements
All applications,reports,or information submitted to the Pemut Issuing Authority shall be signed and certified[40
CFR 122.41(k)].
a. All permit applications shall be signed as follows:
(1) For a corporation: by a responsible corporate officer.For the purpose of this Section,a responsible
corporate officer means: (a)a president,secretary, treasurer or vice president of the corporation in charge
of a principal business function,or any other person who performs similar policy or decision making
functions for the corporation,or(b)the manager of one or more manufacturing,production,or operating
facilities,provided,the manager is authorized to make management decisions which govern the operation
of the regulated facility including having the explicit or implicit duty of making major capital investment
recommendations,and initiating and directing other comprehensive measures to assure long term
environmental compliance with environmental laws and regulations;the manager can ensure that the
necessary systems are established or actions taken to gather complete and accurate information for permit
application requirements;and where authority to sign documents has been assigned or delegated Co the
manager in accordance with corporate procedures.
(2) For a partnership or sole proprietorship: by a general partner or the proprietor,respectively;or
(3) For a municipality,State,Federal,or other public agency: by either a principal executive officer or
ranking elected official [40 CPR 122.22].
b. All reports required by the permit and other information requested by the Permit Issuing Authority shall be
signed by a person described in paragraph.a. 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[40 CFR 122.22]
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c. Changes to authorization:If an authorization under paragraph(b)of this section is no longer accurate because
a different individual or position has responsibility for the overall operation of the facility,a new authorization
satisfying the requirements of paragraph(b)of this section must be submitted to the Director prior to or
together with any reports,information,or applications to be signed by an authorized representative[40 CFR
122.22]
d. Certification.Any person signing a document under paragraphs a.or b. of this section shall make the following
certification[40 CPR 122.221.NO OTHER STATEMENTS OF CERTIFICATION WILL BE ACCEPTED:
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 qualiftedpersonnel 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 far gathering the information, the information submitted is, to the best of my
knowledge and belief, true, accurate, and complete.L am aware that there are significant penalties for
submitting false information, including the possibility offines and imprisonment for knowing violations."
12. 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[40 CFR 122.41(f)].
13. Permit Modification.Revocation and Reissuance or Temrination
i The issuance of this permit does not prohibit the pemtit 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 02H .0100;and North Carolina General Statute 143.215.1 et.at.
� 14. Annual Administering and Compliance Monitoring Fee Requirements
The Permittee must pay the annual administering and compliance monitoring fee within thirty days after being
billed by the Division. Failure to pay the fee in a timely manner in accordance with 15A NCAC 02H.0105(b)(2)
may cause this Division to initiate action to revoke the permit.
i
Section C. Operation and Maintenance of Pollution Controls
i1. Certified Operator
j Owners of classified water pollution control systems must designate operators,certified by the Water Pollution
Control System Operators Certification Commission(WPCSOCC),of the appropriate type and grade for the
system,and,for each classification must[T15A NCAC 08G.0201]:
a. designate one Operator In Responsible Charge(ORC)who possesses a valid certificate of the type and grade at
least equivalent to the type and grade of the system;
b. designate one or more Back-up Operamr(s)in Responsible Charge(Back-up ORCs)who possesses a valid
certificate of the type of the system and no more than one grade less than the grade of the system,with the
exception of no backup operator in responsible charge is required for systems whose minimum visitation
requirements are twice per year;and
c. submit a signed completed"Water Pollution Control System Operator Designation Form"to the Cmmnission
(or to the local health department for owners of subsurface systems)countersigned by the designated certified
operators,designating the Operator in Responsible Charge(ORC)and the Back-up Operator in Responsible
Charge(Back-up ORC):
(1) 60 calendar days prior to wastewater or residuals being introduced into a new system;or
(2) within 120 calendar days following:
➢ receiving notification of a change in the classification of the system requiring the designation of a new
Operator in Responsible Charge(ORC)and Back-up Operator in Responsible Charge(Back-up ORC)
of the proper type and grade;or
➢ a vacancy in the position of Operator in Responsible Charge(ORC)or Back-up Operator in
Responsible Charge(Back-up ORC).
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(3) within seven calendar days of vacancies in both ORC and Back-up ORC positions replacing or designating
at least one of the responsibilities.
The ORC of each Class I facility(or the Back-up ORC,when acting as surrogate for the ORC)must:
➢ Visit the facility as often as is necessary to insure proper operation of the treatment system;the treatment
facility must be visited at least weekly
➢ Comply withal]other conditions of 15A NCAC 08G .0204.
The ORC of each Class B,III and IV facility(or the Back-up ORC,when acting as surrogate for the ORC)must:
➢ Visit the facility as often as is necessary to insure proper operation of the treatment system;the treatment
facility must be visited at least five days per week,excluding holidays
➢ Property manage and document daily operation and maintenance of the facility
➢ Comply with all other conditions of 15A NCAC 08G.0204.
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 Permittec to install and operate backup or auxiliary facilities only
when necessary to achieve compliance with the conditions of the permit[40 CFR 122.41(c)].
NOTE: Properly and officially designated operators are fully responsible for all proper operation and maintenance
of the facility,and all documentation required thereof,whether acting as a contract operator[subcontractor] or a
member of the Pernittee's staff.
3. Need to Halt or Reduce not a Defense
It shall not be a defense for a Pemuttee in an enforcement action that it would have been necessary to halt or
reduce the permitted activity in order to maintain compliance with the condition of this permit[40 CFR 122.41(e)].
4. Bypassing of Treatment Facilities
a. Bypass not exceeding limitations[40 CFR 122.41(m)(2)]
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 [40 CFR 122.41(m)(3)]
(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 effect of the bypass.
(2) Unanticipated bypass. The Permittee shall submit notice of an unanticipated bypass as required in Part
ILEA(24-hour notice).
c. Prohibition of Bypass
(1) Bypass from the treatment facility 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) Bypass from the collection system is prohibited and the Permit Issuing Authority may take enforcement
action against a Pennittee for a bypass as provided in any current or future system-wide collection system
permit associated with the treatment facility.
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(3) The Permit Issuing Authority may approve an anticipated bypass, after considering its adverse effects,if
the Permit Issuing Authority determines that it will meet the three conditions listed above in Paragraph c.
(1)of this section.
5. Utise s
a. Effect of an upset[40 CPR 122.41(n)(2)1: 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:Any Permittee who wishes to establish the affirmative
defense of upset shall demonstrate,through properly signed,contemporaneous operating logs, or other relevant
evidence that:
(1)An upset occurred and that the Permittee can identify the cause(s)of the upset;
(2)The Permittee facility was at the time being properly operated;and
(3)The Permittee submitted notice of the upset as required in Part fl.E.6.(b)of this permit.
(4)The Permittee complied with any remedial measures required under Part II.B.2. of this permit.
c. Braden of roof 40 CFR 122.41 n 4 The Pent ittee seeking to establish the occurrence of an upset has
P C O( )]: g P
the burden of proof in any enforcement proceeding.
6. Removed Substances
Solids, sludges,filter backwash,or other pollutants removed in the course of treatment or control of wastewaters
shall be utilized/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 except as permitted
by the Commission.The Permittee shall comply with all applicable state and Federal regulations governing the
disposal of sewage sludge,including 40 CFR 503,Standards for the Use and Disposal of Sewage Sludge;40 CFR
Part 258,Criteria For Municipal Solid Waste Landfills;and 15A NCAC Subchapter 2T,Waste Not Discharged To
Surface Waters.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 15A NCAC 02H .0124)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 representative of the permitted discharge.
Samples collected at a frequency less than daily shall be taken on a day and time that is representative of the
discharge for the period the sample represents.All samples shall be taken at the monitoring points specified in this
permit and,unless otherwise specified,before the effluentjoins 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[40 CFR 122.410)].
2. Reporting
Monitoring results obtained during the previous month(s)shall be summarized for each month and reported on a
monthly Discharge Monitoring Report(DMR)Form(MR 1, 1.1,2,3)or alternative forms approved by the
Director,postmarked no later than the last calendar day of the month following the completed reporting period.
The first DMR is due on the last day of the month following the issuance of the permit or in the case of a new
facility,on the last day of the month following the commencement of discharge.Duplicate signed copies of these,
and all other reports required herein,shall be submitted to the following address:
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NC DENR/Division of Water Quality/Surface Water Protection Section
ATTENTION: Central Files
1617 Mail Service Center
Raleigh,North Carolina 27699-1617
3. Flow Measurements
Appropriate flow measurement devices and methods consistent with accepted scientific practices shall be selected
and used to ensure the accuracy and reliability of measurements of the volume of monitored discharges.The
devices shall be installed,calibrated and maintained to ensure that the accuracy of the measurements is consistent
with the accepted capability of that type of device.Devices selected shall be capable of measuring flows with a
maximum deviation of less than 10%from the true discharge rates throughout the range of expected discharge
volumes.Flow measurement devices shall be accurately calibrated at a minimum of once per year and maintained
to ensure that the accuracy of the measurements is consistent with the accepted capability of that type of device.
The Director shall approve the flow measurement device and monitoring location prior to installation.
Once-through condenser cooling water flow monitored by pump logs,or pump hour meters as specified in Part I of
this permit and based on the manufacturer's pump curves shall not be subject to this requirement.
4. Test Procedures
Laboratories used for sample analysis must be certified by the Division.Permittees should contact the Division's
Laboratory Certification Section(919 733-3908 or http://portal.ncdem.org/web/wq/lab/cert)for information
regarding laboratory certifications.
Facilities whose personnel are conducting testing of field-certified parameters only must hold the appropriate field
parameter laboratory certifications.
Test procedures for the analysis of pollutants shall conform to the EMC regulations(published pursuant to NCOS
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 CWA(as amended),and 40 CPR 136;or in the case of sludge use or disposal,
approved under 40 CFR 136,unless otherwise specified in 40 CFR 503,unless other test procedures have been
specified in this permit[40 CFR 122.411.
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.
5. Penalties for Tampering
The CWA 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.If a
conviction of a person is for a violation committed after a first conviction of such person under this paragraph,
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 [40 CFR 122.411.
6. Records Retention
Except for records of monitoring information required by this perunt related to the Permittee's sewage sludge use
and disposal activities,which shall be retained for a period of at least five years(or longer as required by 40 CFR
503),the Permittee shall retain records of all monitoring information,including:
➢ all calibration and maintenance records
➢ all original strip chart recordings for continuous monitoring instrumentation
➢ copies of all reports required by this permit
➢ copies of all data used to complete the application for this permit
These records or copies shall be maintained 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 [40 CFR
122.411.
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7. Recording Results
For each measurement or sample taken pursuant to the requirements of this permit,the Permittee shall record the
following information[40 CPR 122.411:
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;
c. The analytical techniques or methods used;and
f The results of such analyses.
8. Inspection and Entry
The Pemtittee shall allow the Director,or an authorized representative(including an authorized contractor acting as -
a representative of the Director),upon the presentation of credentials and other documents as may be required by
law,to;
a. Enter,at reasonable times,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 co
py,at reasonable times,any records that must be kept under the conditions of this permit;
c. Inspect at reasonable times any facilities,equipment(including monitoring and control equipment),practices,
or operations regulated or required under this permit;and
d. Sample or monitor at reasonable times,for the purposes of assuring permit compliance or as otherwise
authorized by the C WA,any substances or parameters at any location[40 CFR 122.41(i)].
Section E Reporting Requirements
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 pemit.
2. Planned Changes
The Perrnittee shall give notice to the Director as soon as possible of any planned physical alterations or additions
to the permitted facility[40 CFR 122.41(l)].Notice is required only when:
a. The alteration or addition to a permitted Facility may meet one of the criteria for new sources at 40 CFR
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 subject neither to effluent limitations in the permit,nor to
notification requirements under 40 CFR 122.42(a)(1);or
c. The alteration or addition results in a significant change in the Pemtitter's sludge use or disposal practices,and
such alteration,addition or change mayjustify the application of permit conditions that are different from or
absent in the existing permit,including notification of additional use or disposal sites not reported during the
permit application process or not reported pursuant to an approved land application plan.
3. Anticipated Noncomoliane
The Permittee shall give advance notice to the Director of any planned changes to the permitted facility or other
activities that might result in noncompliance with the permit[40 CFR 122.41(1)(2)].
4. Transfers
This permit is not transferable to any person without prior written notice to and approval from the Director in
accordance with 40 CFR 122.61.The Director may condition approval in accordance with NCGS 143-215.1,in
particular NCGS 143-215.1(b)(4)b.2.,and may require modification or revocation and reissuance of the permit,or
a minor modification,to identify the new pemdttee and incorporate such other requirements as may be necessary
under the CWA[40 CFR 122.41(l)(3), 122.611 or state statute.
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5. Monitoring Reports
Monitoring results shall be reported at the intervals specified elsewhere in this permit[40 CFR 122.41(l)(4)].
a. Monitoring results must be reported on a Discharge Monitoring Report(DMR)(See Part ILD.2)or forms
provided by the Director for reporting results of monitoring of sludge use or disposal practices.
b. If the Pemdttee monitors any pollutant more frequently than required by this permit using test procedures
approved under 40 CPR Part 136 and at a sampling location specified in this permit or other appropriate
instrument governing the discharge, the results of such monitoring shall be included in the calculation and
reporting of the data submitted on the DMR.
6. Twenty-four Hour Reporting
a. The Permittee shall report to the Director or the appropriate Regional Office any noncompliance that
potentially threatens public health or the environment.Any information shall be provided orally within 24
hours from the time the Pennittee 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. 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[40
CFR 122.41(1)(6)].
b. The Director may waive the written report on a case-by-case basis for reports under this section if the and
report has been received within 24 hours.
c. Occurrences outside normal business hours may also be reported to the Division's Emergency Response
personnel at(800)662-7956,(800)858-0368 or(919)733-3300.
7. Other Noncompliance
The Permittee shall report all instances of noncompliance not reported under Part H.E.S and 6.of this permit at the
time monitoring reports are submitted.The reports shall contain the information listed in Part II.E.6.of this permit
[40 CFR 122.41(l)(7)].
8. 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 such facts or
information [40 CFR 122.41(1)(8)].
9. Noncompliance Notification
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 £ailmes of pumps,aerators,compressors,etc.
c. Any failure of a pumping station, sewer line,or treatment facility resulting in a by-pass 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 within 5 days following first
knowledge of the occurrence.Also see reporting requirements for municipalities in Part IV.C.2.c.of this permit.
10. 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 available for public inspection at the offices
of the Division.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.
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11. Penalties for Falsification of Reports
The C WA 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
$25,000 per violation,or by imprisonment for not more than two years per violation,or by both[40 CFR 122.411.
12. Annual Performance Reports
Pennittees who own or operate facilities that collect or treat municipal or domestic waste shall provide an annual
report to the Permit Issuing Authority and to the users/customers served by the Permittee(NCGS 143-215.1C).The
report shall summarize the performance of the collection or treatment system,as well as the extent to which the
I facility was compliant with applicable Federal or State laws,regulations and rules pertaining to water quality.The
report shall be provided no later than sixty days after the end of the calendar or fiscal year,depending upon which
annual period is used for evaluation.
The report shall be sent to:
NC DENR/Division of Water Quality/Surface Water Protection Section
ATTENTION:Central Files
1617 Mail Service Center
Raleigh,North Carolina 27699-1617
III
I
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PART III
OTHER REQUIREMENTS
Section A. Construction
a. The Permittee shall not commence construction of wastewater treatment facilities,nor add to the plant's treatment
capacity,nor change the treatment process(es)utilized at the treatment plant unless(1)the Division has issued an
Authorization to Construct(AIC)permit or(2)the Pemuttee is exempted from such AtC permit requirements
under Item b. of this Section.
b. In accordance with NCGS 143-215.l(a5) [SL 2011-394],no permit shall be required to enter into a contract for the
construction,installation,or alteration of any treatment work or disposal system or to construct,install,or alter any
treatment works or disposal system within the State when the system's or work's principle function is to conduct,
treat,equalize,neutralize, stabilize,recycle,or dispose of industrial waste or sewage from an industrial facility and
the discbarge of the industrial waste or sewage is authorized under a permit issued for the discharge of the
industrial waste or sewage into the waters of the State. Notwithstanding the above,the permit issued for the
discharge may be modified if required by federal regulation.
e. Issuance of an AtC will not occur until Final Plans and Specifications for the proposed construction have been
submitted by the Permittee and approved by the Division.
Section B. Groundwater Monftorine
The Penn ittee shall,upon written notice from the Director,conduct groundwater monitoring as may be required to
determine the compliance of this NPDES permitted facility with the current groundwater standards.
Section C. Chances in Discharges of Toxic Substances
The Permittee shall notify the Permit Issuing Authority as soon as it knows or has reason to believe(40 CFR 122.42):
a. That any activity has occurred or will occur which would result in the discharge,on a routine or frequent basis,of
any toxic pollutant which is not limited in the permit,if that discharge will exceed the highest of the following
"notification levels";
(1) One hundred micrograms per liter(100 µg/L);
(2) Two hundred micrograms per liter(200 µg/L)for acrolein and acrylonitrile;five hundred micrograms per liter
(500 µg/L)for 2,4-dinitrophenol and for 2-methyl-4,6-dinitmphenol;and one milligram per liter(1 mg/L)for
antimony;
(3) Five times the maximum concentration value reported for that pollutant in the permit application.
b. That any activity has occurred or will occur which would result in any discharge,on a non-routine or infrequent
basis,of a toxic pollutant which is not limited in the permit,if that discharge will exceed the highest of the
following"notification levels";
(1) Five hundred microgram per liter(500 µg/L);
(2) One milligram per liter(1 mg/L)for antimony;
(3) Ten times the maximum concentration value reported for that pollutant in the permit application.
Section D. Facility Closure Requirements
The Pemrittee must notify the Division at least 90 days prior to the closure of any wastewater treatment system covered
by this permit.The Division may require specific measures during deactivation of the system to prevent adverse
impacts to waters of the State. This permit cannot be rescinded while any activities requiring this permit continue at the
permitted facility.
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PART IV
SPECIAL CONDITIONS FOR MUNICIPAL FACILITIES
Section A. Definitions
In addition to the definitions in Part lI of this permit,the following definitions apply to municipal facilities:
Indirect Discharge or Industrial User
Any non-domestic source that discharges wastewater containing pollutants into a POTW regulated under section
307(b),(c)or(d)of the CWA. [40 CPR 403.3 (i)and 0)and 15A NCAC 02H.0903(b)(11)]
Interference
Inhibition or disruption of the POTW treatment processes; operations; or its sludge process,use,or disposal which
causes or contributes to a violation of any requirement of the Permittee's(or any satellite POTW's if different from the
Permittec)NPDES,collection system,or non-discharge permit or prevents sewage sludge use or disposal in
compliance with specified applicable State and Federal statutes,regulations,or permits. [15A NCAC 02H
.0903(b)(14)]
Pass Through
A discharge which exits the POTW into waters of the State in quantities or concentrations which,alone or with
discharges from other sources,causes a violation,including an increase in the magnitude or duration of a violation,of
the Pernittee's(or any satellite POTW's,if different from the Permittee)NPDES,collection system,or non-discharge
permit. [15A NCAC 02H.0903(b)(23)]
Publicly Owned Treatment Works(POTW)
A treatment works as defined by Section 212 of the CWA,which is owned by a State or local government organization.
This definition includes any devices and systems used in the storage,treatment,recycling and reclamation of municipal
sewage or industrial wastes of liquid nature.It also includes the collection system,as defined in 15A NCAC 2T
.0402,only if it conveys wastewater to a POTW treatment plant. The term also means the local government
organization,or municipality,as defined in section 502(4)of the CWA,which has jurisdiction over indirect discharges
to and the discharges from such a treatment works.In this context,the organization may be the owner of the POTW
treatment plant or the owner of the collection system into which an indirect discharger discharges.This second type of
POTW may be referred to as a"satellite POTW organization." [15A NCAC 02H.0903(b)(26)]
"Significant Industrial User"or"S1U"
An Industrial User that discharges wastewater into a publicly owned treatment works and that[15A NCAC 02H
_I .0903(b)(33)1:
1. Discharges an average of 25,000 gallons per day or more of process wastewater to the POTW(excluding sanitary,
nonco met cooling and boiler blowdown wastewaters);or
2. Contributes process wastewater which makes up five percent or more of the NPDES or non-discharge permitted
How limit or organic capacity of the POTW treatment plant.In this context,organic capacity refers to BOD,TSS
and ammonia;or
!i 3. Is subject to categorical standards under 40 CFR Part 403.6 and 40 CFR Parts 405-471;or
4. Is designated as such by the Permittee on the basis that the Industrial User has a reasonable potential for adversely
affecting the POTW's operation or for violating any pretreatment standard or requirement,or the POTW's effluent
limitations and conditions in its NPDES or non-discharge permit,or to limit the POTW's sludge disposal options;
5. Subject to approval under 15A NCAC 02H.0907(b),the Permittee may determine that an Industrial User meeting
the criteria in paragraphs 1 or 2 of this definition above has no reasonable potential for adversely affecting the
POTW's operation or for violating any pretreatment standard or requirement,the POTW's effluent limitations and
conditions in its NPDES or non-discharge permit,or to limit the POTW's sludge disposal options,and thus is not a
Significant Industrial User(SIU);or
6. Subject to approval under 15A NCAC 02H.0907(b),the Permittee may determine that an Industrial User meeting
the criteria in paragraph 3 of this definition above meets the requirements of 40 CPR Part 403.3(v)(2)and thus is a
non-significant categorical Industrial User.
Section B. Publicly Owned Treatment Works(POTWs)
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All POTWs must provide adequate notice to the Director of the following[40 CFR 122.42(b)]:
1. Any new introduction of pollutants into the POTW from an indirect discharger,regardless of the means of
transport,which would be subject to section 301 or 306 of C WA if it were directly discharging those pollutants;
and
2. Any substantial change in the volume or character of pollutants being introduced by an indirect discharger as
influent to that POTW at the time of issuance of the permit.
3. For purposes of this paragraph,adequate notice shall include information on(1)the quality and quantity of effluent
introduced into the POTW,and(2)any anticipated impact that may result from the change of the quantity or
quality of effluent to be discharged from the POTW.
Section C. Municipal Control of Pollutants from Industrial Users.
I. Effluent limitations are listed in Part I of this permit.Other pollutants attributable to inputs from Industrial Users
discharging to the POTW may be present in the Permibne's discharge.At such time as sufficient information
becomes available to establish limitations for such pollutants,this permit may be revised to specify effluent
limitations for any or all of such other pollutants in accordance with best practicable technology or water quality
standards.
2. Prohibited Discharges
a. The Pennittee shall develop and enforce their Pretreatment Program to implement the prohibition against the
introduction of pollutants or discharges into the waste treatment system or waste collection system which
cause or contribute to Pass Through or Interference as defined in 15A NCAC 02H.0900 and 40 CFR 403. [40
CFR 403.5(a)(1)]
b. The Permittee shall develop and enforce their Pretreatment Program to implement the prohibitions against the
introduction of the following wastes in the waste treatment or waste collection system[40 CFR 403.5(b)]:
(1) Pollutants which create a fire or explosion hazard in the POTW,including,but not limited to,
wastestreams with a closed cup flashpoint of less than 140 degrees Fahrenheit or 60 degrees Centigrade
using the test methods specified in 40 CPR 261.21;
(2) Pollutants which cause corrosive structural damage to the POTW,but in no case discharges with pH lower
than 5.0,unless the works is specifically designed to accommodate such discharges;
(3) Solid or viscous pollutants in amounts which cause obstruction to the flow in the POTW resulting in
Interference;
(4) Any pollutant,including oxygen demanding pollutants(BOD,etc.)released in a Discharge at a flow rate
and/or pollutant concentration which will cause Interference with the POTW;
(5) Heat in amounts which will inhibit biological activity in the POTW resulting in Interference,but in no
case heat in such quantities that the temperature at the POTW Treatment Plant exceeds 40°C(104°F)
unless the Division,upon request of the POTW,approves alternate temperature limits;
(6) Petroleum oil,non-biodegradable cutting oil,or products of mineral oil origin in amounts that will cause
Interference or Pass Through;
(7) Pollutants which result in the presence of toxic gases,vapors,or fumes within the POTW in a quantity that
may cause acute worker health and safety problems;or
(8) Any trucked or hauled pollutants,except at discharge points designated by the POTW.
c. The Permittee shall investigate the source of all discharges into the POTW,including slug loads and other
unusual discharges,which have the potential to adversely impact the Pennittee's Pretreatment Program and/or
the operation of the POTW.
The Pennittee shall report such discharges into the POTW to the Director or the appropriate Regional Office.
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.The written submission shall contain a description of the discharge;the
investigation into possible sources;the period of the discharge,including exact dates and times;if the
discharge has not ceased,the anticipated time it is expected to continue;and steps taken or planned to reduce,
eliminate,and prevent reoccurrence of the noncompliance,
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(_�NPDES Permit Standard Conditions
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3. With regard to the effluent requirements listed in Part I of this permit,it may be necessary for the Penance to
supplement the requirements of the Federal Pretreatment Standards(40 CFR,Part 403)to ensure compliance by
the Pemuttee with all applicable effluent limitations. Such actions by the Permittee may be necessary regarding
some or all of the industries discharging to the municipal system.
4. The Pennittee shall require any Industrial User(III)discharging to the POTW to meet Federal Pretreatment
Standards developed under Section 307(b)of the Act as amended(which includes categorical standards and
specific local limits,best management practices and narrative requirements).Prior to accepting wastewater from
any Significant Industrial User(SIU),the Permittec shall either develop and submit to the Division a new
Pretreatment Program or,as necessary,a modification of an existing Pretreatment Program,for approval as
required under section D below as well as 15A NCAC 02H.0907(a)and(b). [40 CFR 122.440)(2)]
5. This permit shall be modified,or alternatively,revoked and reissued,to incorporate or modify an approved POTW
Pretreatment Program or to include a compliance schedule for the development of a POTW Pretreatment Program
as required under Section 402(b)(8)of the CWA and implementing regulations or by the requirements of the
approved State pretreatment program,as appropriate.
Section D. Pretreatment Programs
Under authority of sections 307(b)and(c)and 402(b)(8)of the CWA and implementing regulations 40 CFR 403,
North Carolina General Statute 143-215.3(14)and Implementing regulations 15A NCAC 0211.0900,and in accordance
with the approved pretreatment program,all provisions and regulations contained and referenced in the pretreatment
program submittal are an enforceable part of this permit. [40 CFR 122.440)(2)]
The Permittee shall operate its approved pretreatment program in accordance with Section 402(b)(8)of the CWA,40
CFR 403, 15A NCAC 02H.0900,and the legal authorities,policies,procedures,and financial provisions contained in
its pretreatment program submission and Division approved modifications thereof. Such operation shall include but is
not limited to the implementation of the following conditions and requirements. Terms not defined in Part II or Part IV
of this permit are as defined in 15A NCAC 02H .0903 and 40 CFR 403.3.
1. Sewer Use Ordinance(SUO)
The Pernittee shall maintain adequate legal authority to implement its approved pretreatment program. [15A
NCAC 02H.0903(b)(32),.0905 and.0906(b)(1);40 CFR 403.8(f)(1)and 403.9(b)(1)and(2)]
2. Industrial Waste Survey(IWS)
The Permittee shall implement an IWS consisting of the survey of users of the POTW collection system or
treatment plant,as required by 40 CFR 403.8(f)(2)(i-iii)and 15A NCAC 02H.0905 [also 40 CFR 122.440)(1)],
including identification of all Industrial Users that may have an impact on the POTW and the character and amount
of pollutants contributed to the POTW by these Industrial Users and identification of those Industrial Users
meeting the definition of SIG.Where the Permittee accepts wastewater from one or more satellite POTWs,the
IWS for the Permittee shall address all satellite POTW services areas,unless the pretreatment program in those
satellite service areas is administered by a separate Permittec with an approved Pretreatment Program.The
Permittee shall submit a summary of its IWS activities to the Division at least once every five years,and as
required by the Division.The IWS submission shall include a summary of any investigations conducted under
paragraph O.2.c. of this Part. [15A NCAC 02H.0903(b)(13), .0905 and.0906(b)(2);40 CFR 403.8(f)(2)and 403.9]
3. Monitoring Plan
The Permittee shall implement a Division-approved Monitoring Plan for the collection of facility specific data to
be used in a wastewater treatment plant Headworks Analysis(HWA)for the development of specific pretreatment
local limits. Effluent data from the Plan shall be reported on the DMRs(as required by Parts E D and H.E.S.). [15A
NCAC 02H.0903(b)(16), .0906(b)(3)and.0905]
4. Headworks Analysis(HWA)and Local Limits
The Permittee shall obtain Division approval of a HWA at least once every five years, and as required by the
Division. Within 180 days of the effective date of this permit(or any subsequent permit modification)the
Permittee shall submit to the Division a written technical evaluation of the need to revise local limits(i.e.,an
updated HWA or documentation of why one is not needed) [40 CFR 122.441.The Pemittee shall develop,in
accordance with 40 CPR 403.5(e)and 15A NCAC 02H.0909,specific Local Limits to implement the prohibitions
listed in 40 CFR 403.5(a)and(b)and 15A NCAC 02H.0909.Pursuant to 40 CFR 403.5,local limits are
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enforceable Pretreatment Standards as defined by 40 CAR 403.3(1). [15A NCAC 02H.0903(b)(10),.0905,and
.0906(b)(4)]
5. Industrial User Pretreatment Permits(IUP)&Allocation Tables
In accordance with NCGS 143-215.1,the Permittee shall issue to all Significant Industrial Users,permits for
operation of pretreatment equipment and discharge to the Pemuttee's collection system or treatment works. These
permits shall contain limitations,sampling protocols,reporting requirements,appropriate standard and special
conditions, and compliance schedules as necessary for the installation of treatment and control technologies to
assure that their wastewater discharge will meet all applicable pretreatment standards and requirements.The
Permittee shall maintain a current Allocation Table(AT)which summarizes the results of the HWA and the limits
from all IUPs.Permitted IUP loadings for each parameter cannot exceed the treatment capacity of the POTW as
determined by the HWA [15A NCAC 02H .0906(b)(6), .0909, .0916,and .0917;40 CFR 403.5,403.8(f)(1)(iii);
NCGS 143-215.67(a)]
6. Authorization to Construct(ACC)
The Permittee shall ensure that an Authorization to Construct permit(ACC)is issued to all applicable Industrial
Users for the construction or modification of any pretreatment facility. Prior to the issuance of an AtC,the
proposed pretreatment facility and treatment process must be evaluated for its capacity to comply with all
Industrial User Pretreatment Pemit(IUP)limitations. [15A NCAC 02H .0906(b)(7)and.0905;NCGS 143-
215.1(a)(8)]
7. POTW Inspection&Monitoring of their IUs
The Permittee shall conduct inspection,surveillance,and monitoring activities as described in its Division
approved pretreatment program in order to determine,independent of information supplied by Industrial Users,
compliance with applicable pretreatment standards. [15A NCAC 0211.0908(e);40 CFR 403.8(f)(2)(v)] The
Permittee must:
a. Inspect all Significant Industrial Users(SEIs)at least once per calendar year;
b. Sample all Significant Industrial Users(SIUs)at least once per calendar year for all SIU permit-limited
parameters including flow except as allowed under 15A NCAC.0908(e);and
e. At least once per year,document an evaluation of any non-significant categorical Industrial User for
compliance with the requirements in 40 CFR 403.3(v)(2),and either continue or revoke the designation as non-
significant.
i
8. IU Self Monitoring and Reporting
The Permittee shall require all Industrial Users to comply with the applicable monitoring and reporting
requirements outlined in the Division-approved pretreatment program,the industry's pretreatment permit,or in 15A
NCAC 02H .0908. [15A NCAC 02H .0906(b)(5)and.0905;40 CFR 403.8(f)(1)(v)and(2)(iii);40 CFR k
122.440)(2)and 40 CFR 403.121 f
9. Enforcement Response Plan(ERP)
The Pemdttee shall enforce and obtain appropriate remedies for violations of all pretreatment standards
promulgated pursuant to section 307(b)and(c)of the CWA(40 CFR 405 et. seq.),prohibitive discharge standards
as set forth in 40 CFR 403.5 and 15A NCAC 02H.0909,specific local limitations,and other pretreatment
requirements.All remedies,enforcement actions and other,shall be consistent with the Enforcement Response
Plan(ERP)approved by the Division. [15A NCAC 02H.0903(b)(7), .0906(b)(8)and.0905;40 CPR 403.8(f)(5)]
10. Pretreatment Annual Reports(PAR) C'
The Permittee shall report to the Division in accordance with 15A NCAC 02H .0908. In lieu of submitting annual
reports,Modified Pretreatment Programs developed under 15A NCAC 02H.0904(b)may be required to submit a
partial annual report or to meet with Division personnel periodically to discuss enforcement of pretreatment
requirements and other pretreatment implementation issues.
For all other active pretreatment programs,the Permittee shall submit two copies of a Pretreatment Annual Report
(PAR)describing its pretreatment activities over the previous calendar year to the Division at the fallowing
address:
Version 1110912011
(-�NPDES Permit.Standard Conditions '
Page 18 of 18
NC DENR/Division of Water Quality/Surface Water Protection Section
Pretreatment,Emergency Response,and Collection Systems(PERCS)Unit
1617 Mail Service Center
Raleigh,North Carolina 27699-1617
These reports shall be submitted by March 1 of each year and shall contain the following:
a. Narrative
A narrative summary detailing actions taken,or proposed,by the Permittee to correct significant non-
compliance and to ensure compliance with pretreatment requirements;
b. Pretreatment Program Summary(PPS)
A pretreatment program summary(PPS)on forms or in a format provided by the Division;
c. Significant Non-Compliance Report(SNCR)
A list of Industrial Users(IUs)in significant noncompliance(SNC)with pretreatment requirements,and the
nature of the violations on forms or in a format provided by the Division;
d. Industrial Data Summary Forms(IDSF)
Monitoring data from samples collected by both the POTW and the Significant Industrial Users(SIUs).These
analytical results must be reported on Industrial Data Summary Forme(IDSF)or on other forms or in a format
provided by the Division;
e. Other Information
Copies of the POTW's allocation table,new or modified enforcement compliance schedules,public notice of
IUs in SNC,a summary of data or other information related to significant noncompliance determinations for
RIs that are not considered S1Us,and any other information,upon request,which in the opinion of the Director
is needed to determine compliance with the pretreatment implementation requirements of this permit;
11. Public Notice
The Permittee shall publish annually a list of Industrial Users(IUs)that were in significant noncompliance(SNC)
as defined in the Permitme's Division-approved Sewer Use Ordinance with applicable pretreatment requirements
and standards during the previous twelve month period.This list shall be published within four months of the
applicable twelve-month period. [15A NCAC 02H.0903(b)(34), .0908(b)(5)and.0905 and 40 CFR
403.8(f)(2)(viii)]
12. Record Keening
The Permittee shall retain for a minimum of three years records of monitoring activities and results,along with
support information including general records,water quality records,and records of industrial impact on the
POTW and shall retain all other Pretreatment Program records as required by 15A NCAC 02H .0908(f). [15A
NCAC 02H.0908(f);40 CFR 403.12(o)]
13. Pretreatment Program Resources
The Pennines shall maintain adequate funding and qualified personnel to accomplish the objectives of its approved
pretreatment program.and retain a written description of those current levels of inspection. [15A NCAC 02H
.0906(b)(9)and(10)and.0905;40 CFR 403.8(f)(3),403.9(b)(3)]
14. Modification to Pretreatment Programs
Modifications to the approved pretreatment program including but not limited to local limits modifications,POTW
monitoring of their Significant Industrial Users(SIUs),and Monitoring Plan modifications,shall be considered a
permit modification and shall be governed by 40 CFR 403.18, 15 NCAC 0211.0114 and 15A NCAC 02H.0907.
Version 1110912011
n: n
Facility information
NPDES permit #: NC0042358 Avery County
Facility name: Adams Apple HOA Inc. —
Adams Apple Condominiums WWTP
WWTP class: II
WWTP type: 0.020 MGD metal extended aeration package
plant consisting of: manual bar screen; aeration
basin with dual blowers providing diffused air;
hoppered rectangular clarifier with skimmer and
sludge returns; tablet chlorinator; chlorine
contact chamber; tablet dechlorinator with post
aeration; concrete cascade; and Stevens 61R
strip chart flow meter with totalizer.
Annual Average Flow: MGD (3 year average)
A to C: Authorization to Construct issued > 30 years ago.
Collection System: Development consists of (25-30) residential
homes and condominiums. Collection system
has one pump station with telemetry.
Sludge Management: Commercial hauler (Triple T; 1372 NC Highway
194 N; Boone, NC 28607-8798 phone: 828-262-
5745) to the Town of Boone's WWTP.
WWTP location: off NC Hwy 105, southeast of Banner Elk
Responsible official: Larry Lehning (email: msgdl@aol.com)
Responsible " 's title: Adams Apple HOA, Inc. - President
Official's location: 1208 Kelty Court; Cary, NC 27511
Mailing address: PO Box 28604; Banner Elk, NC 28604
Adjoining property: Henry Norris - fax: 828-898-7593 c 1
( 1 n
Phone numbers
919-219-4467 Larry Lehning — HOA Pres.
828-262-2040 Christine Popoola — HOA Secretary / Treasurer
PO Box 2137; Banner Elk, NC 28604
828-898-6277 Water Quality Lab & Ops, Inc. — Paul / Melinda
828-898-6255 " — fax — PO Box 1167; Banner Elk, NC 28604
1522 Tynecastle Hwy; Banner Elk, NC 28604
waterqualitylabs@yahoo.com
828-260-2027 cell Jadd Brewer, VP/ Dir. of Wastewater Operations
828-260-2053 cell Larry Townsend, ORC
828-898-9212 " - home
828-260-2029 cell Denver Eggers
Operator information
ORC contractor: Water Quality Lab & Operations, Inc.
ORC: Larry Townsend - Cert. # 11841 — WW III
Back-up ORCs: Jadd Brewer - Cert. # 10206 —WW III
Denver Eggers — Cert. # 10541 —WW II
Paul Isenhour— Cert. # 13154 — WW IV
Jerry Alexander — Cert. # 989701 — WW IV
Permit information
Date issued: 12-1-2007
Expiration date: 9-30-2012
Stream information
Stream: Watauga River
River basin: Watauga River Basin
Sub-basin: 04-02-01
Hydrologic Unit Code:
Quad: Valle Crucis, NC
Grid: C 11 NE
Stream classification: B — Trout HQW
Drainage area sq mi: 1.48
Instream Waste Conc.: 7%
Average stream flow: 3.0 cfs
Summer 7Q10 cfs: 0.4
Winter 7Q10 cfs: 0.6
30Q2 cfs: 0.7
Other information
Directions: The WWTP is located off of NC Hwy 105 South,
in Banner Elk (past Pappy's Bar-B-Que and on
the right). Turn right onto Adams Apple Road, go
— 200 feet. Turn left onto a gravel road. The
WWTP is on the right.
o�pQWA7FR4 �` MmhaelFEasley,Gavemor
G WilliamG Ross Jr.,Secretary
North Carolina Department of Environment and Natural Resources
Cetera H.Sullins,Director
O < Division of watu Quality
November 7,2007
Mr.Larry Lehning ,"' . ...
Adams Apple Homeowners Association,Inc. . ;P. O.Box 2137 1
Banner Elk,NC 28604 t
v
Subject: Issuance of NPDES Permit NC0042358 i � I I NOV 1 6 2007 l�
Adams Apple Condominiums W WTP _ {
Avery County �y Aql ll CyCp11T� 3F_rTION 't -
1
Dear Mr.Lehning:
Division personnel have reviewed and approved your application for rehewal-dt'the subject permit.
Accordingly,we are forwarding the attached NPDES discharge permit. This permit is issued pursuant
to the requirements of North Carolina General Statute 143-215.1 and the Memorandum of Agreement
between North Carolina and the U.S.Environmental Protection Agency dated May 9, 1994(or as
subsequently amended).
This final permit includes no changes from the draft permit sent to you on September 12, 2007.
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(6714 Mail Service Center,Raleigh,North Carolina 27699-6714). Unless
such demand is made,this decision shall be final and binding.
Please note that this permit is not transferable except after notice to the Division. The Division may
require modification or revocation and reissuance of the permit. This permit does not affect the legal
requirements to obtain other permits which may be required by the Division of Water Quality or permits
required by the Division of Land Resources,the Coastal Area Management Act or any other Federal or
Local governmental permit that may be required.
If you have any questions concerning this permit,please contact Bob Sledge at telephone number(919)
733-5093, extension 547.
Sincerely,
Xo' ColeenH. Sullins
cc: Central Files r���
Asheville Regional Office/Surface Water Protection Section; watuirr� a
NPDES Unit ✓�
North Carolina Division of Water Quality 1�61c„on�I512N.51sbmy 5c Raleigh,NC Z7699 276041617 none pe. (919)733324965 1-077b2356749
Internet 1 1'
An EqualOppo tunitylAffirmaWe Action Employer-Soya aeeycledll0%post Consumer Paper
Permit NC0042358
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
PERMIT
TO DISCHARGE WASTEWATER UNDER THE
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
In compliance with the 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,the
Adams Apple Homeowners Association, Inc.
is hereby authorized to discharge wastewater from a facility located at the
Adams Apple Condominiums WWTP
NC Highway 105 southeast of Banner Elk
Avery County
to receiving waters designated as the Watauga River in the Watauga River Basin
in accordance with effluent limitations,monitoring requirements, and other conditions set forth in Parts
I,11,III and IV hereof.
This permit shall become effective December 1,2007.
This permit and authorization to discharge shall expire at midnight on September 30, 2012.
Signed this day November 7, 2007. ,
�sw Coleen H. Sullins,Director
Division of Water Quality
By Authority of the Environmental Management Commission
C")
Permit NC0042358
SUPPLEMENT TO PERMIT COVER SHEET
All previous NPDES Permits issued to this facility,whether for operation or discharge are hereby
revoked.As of this permit issuance, any previously issued permit bearing this number is no longer
effective. Therefore,the exclusive authority to operate and discharge from this facility arises under the
permit conditions,requirements,terms, and provisions included herein.
The Adams Apple Homeowners Association,Inc. is hereby authorized to:
1. Continue to operate an existing 0.020 MGD wastewater treatment system with the following
components:
♦ Bar screen
♦ Aeration basin
♦ Clarifier with sludge return
♦ Tablet.chlorinator
♦ Contact basin
♦ Dechlorination
♦ Flow meter
♦ Cascade aerator
The facility is located southwest of Banner Elk at the Adams Apple Condominiums W WTP off NC
Highway 105 in Avery County.
2. Discharge from said treatment works at the location specified on the attached map into the Watauga
River,currently a class B-Trout HQW water in the Watauga River Basin.
8 , Yam+' • r ! ,t ",�' " a
lV�. • r, f f+i t: p
r e 1i• l A
✓` a x -`fist � a,�'� � i
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' � r, y F ,.9 � a ��r . ?Ya✓ �a� a �i� y� . t > C
S
a
b � t tl
70
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w
�" � a �d • o. ' e"xn
arw ^�' ra.. � a k✓� � '�.5�� t� � ff�x,. a g � 5 � r�v✓` ' f x .� ,�Ell
Latitude:36°07'45" Stream Class:B-77out-HQW FLLCLht
Longitude: 81°49'10" Subbasin: 040201 Location
Quad# C11NE
Receiving Stream: Watauga River
NC0042358-Adams Apple Condominiums WWTP
`1 Ave Coun
1
Permit NC0042358
A. (I.)' - EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS -FINAL
During the period beginning on the effective date of the permit and lasting until expiration, the
Permittee is authorized to discharge from outfall 001. Such discharges shall be limited and monitored
by the Permittee as specified below:
._-�_€BlSYI� ,✓x.a t [��w,J. .xiil I aai '�,1�� .
�Modthfyx"i,{+:e4MdX�mpal�^1iLirFre uenGy;�. ""��e1`YPe Sample tCetigp, �,i 4
Flow 0.020 MGD Continuous Recording Influent or Effluent
BOD,5-day(20°0) 30.0 mgIL 45.0 mgIL Weekly Composite Effluent
Total Suspended Solids 30.0 mgIL 45.0 mgIL Weekly Composite Effluent
NH3 as N 11.0 mgIL 35.0 mgIL Weekly Composite Effluent
(April 1 —October 31 -
NH3 as N
ovemb 32.0 mgIL 35.0 mgIL Weekly Composite Effluent
November 1 —March 31
Fecal Coliform(geometric mean) 200I100 ml 400/100 ml Weekly Grab Effluent
Total Residual Chlorine 28 µglL 2/Week Grab Effluent
Temperature CC) Daily Grab Effluent
Temperature IT) Weekly Grab Upstream&
Downstreaml
pH2 Weekly Grab Effluent
Footnotes:
1. Upstream= 50 feet upstream of outfall;Downstream=50 feet downstream of outfall.
2. The pH shall not be less than 6.0 standard units nor greater than 9.0 standard units.
There shall be no discharge of floating solids or visible foam in other than trace amounts
Michael F.Easley,Gmemm
G William G.Ross retary
41 f North Carolina Department of Environment and Natural
ral Resources
y
O Y olecoDivision
H.Sullins,
te Director
Division of Water Quality
September 12, 2007
Mr. Larry Lehning ����
Adams Apple Homeowners Association,Inc.
P. O. Box 2137
Banner Elk,NC 28604 mui lr l for
nil „i r r , CIL
Subject: Draft NPDES Permit
Permit NC0042358
Adams Apple Condominiums WWTP
Avery County
Dear Mr.Lehning:
Enclosed with this letter is a copy of the draft permit for your facility. Please review the draft very
carefully to ensure thorough understanding of the conditions and requirements it contains.
The draft permit contains the following changes in the monitoring requirements from those found
in your current permit:
• Instream monitoring frequency for temperature has been reduced from daily to weekly.
• Upstream and downstream monitoring locations (50 feet upstream and downstream of the discharge
point)have been added based upon documentation found in the Division's permit file. Please advise
this office if these locations are inaccessible or unsafe as sampling sites.
Please submit any comments to me no later than 30 days following your receipt of the draft permit.
Comments should be sent to the address listed at the bottom of this page. If no adverse comments are
received from the public or from you,this permit will likely be issued in September 2007,with an
effective date of November 1, 2007.
If you have any questions or comments concerning this draft permit, call me at(919)733-5083,
extension 547.
Sincerely,
,(Wei 4
Robert L. Sledge
Point Source Branch
cc: NPDES Unit File
ARO—SWPSection. N�°rtmCazol'na
✓v,,, I g
Norm Carolina Division of Water Quality 1617 Mail service Center Raleigh,NC27699-1617 Phone(919)733-7015 Customer Service
- haemec www.ncwaaraua1ilv.mn Locatiom 512N.Sa1isbury St. Raleigh,NC 276M Fax (919)733-2496 1-877-623-6748
An Equal OpporlunilylApirmadve Action Employer—50%Recydedll0%Post Consumer Paper
�.� Permit NCO042358
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
PERMIT
TO DISCHARGE WASTEWATER UNDER THE
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
In compliance with the 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,the
Adams Apple Homeowners Association,Inc.
is hereby authorized to discharge wastewater from a facility located at the
Adams Apple Condominiums WWTP
NC Highway 105 southeast of Banner Elk
Avery County
to receiving waters designated as the Watauga River in the Watauga River Basin
in accordance with effluent limitations,monitoring requirements, and other conditions set forth in Parts
I, H,III and IV hereof.
This permit shall become effective
This permit and authorization to discharge shall expire at midnight on September 30, 2012.
Signed this day
DRAFT
Coleen H. Sullins,Director
Division of Water Quality
By Authority of the Environmental Management Commission
permitNC0042358
SUPPLEMENT TO PERMIT COVER SHEET
All previous NPDES Permits issued to this facility, whether for operation or discharge are hereby
revoked. As of this permit issuance, any previously issued permit bearing this number is no longer
effective.Therefore,the exclusive authority to operate and discharge from this facility arises under the
permit conditions,requirements, terms, and provisions included herein.
The Adams Apple Homeowners Association,Inc.is hereby authorized to:
1. Continue to operate an existing 0.020 MGD wastewater treatment system with the following
components:
♦ Bar screen
♦ Aeration basin
♦ Clarifier with sludge return
♦ Tablet chlorinator
♦ Contact basin
♦ Dechlor mation
♦ Flow meter
♦ Cascade aerator
The facility is located southwest of Banner Elk at the Adams Apple Condominiums W WTP off NC
Highway 105 in Avery County.
2. Discharge from said treatment works at the location specified on the attached map into the Watauga
River, currently a class B-Trout HQW water in the Watauga River Basin.
Permit NC0042358
A. (I.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS
During the period beginning on the effective date of the permit and lasting until expiration, the
Permittee is authorized to discharge from outfall 001. Such discharges shall be limited and monitored
by the Pennittee as specified below:
, -`",a ^'S.� , �aht{g s,�T sllimeht sL1pISl4'CyN9 ;r SSlepsLguipnt":,:
-Flow 0.020 MGD Continuous Recording Influent or Effluent
BOD,5-day(209C) 30.0 mgIL 45.0 mgIL Weekly Composite Effluent
Total Suspended Solids 30.0 mgIL 45.0 mgIL Weekly Composite Effluent
NH3 as 11.0 mgIL 35.0 mgIL Weekly Composite Effluent
(April 1-October 31
NH3 as N 32.0 mgIL 35.0 mgIL Weekly Composite Effluent
November 1-March 31
Fecal Coliform(geometric mean) 200I100 ml 400I100 ml Weekly Grab Effluent
Total Residual Chlorine 28 WA 2(Week Grab Effluent
Temperature eC) - Daily Grab Effluent
Temperature IT) Weekly Grab Upstream&
Downstreaml
pH2 Weekly _ Grab Effluent
Footnotes:
1. Upstream=50 feet upstream of outfall;Downstream=50 feet downstream of outfall.
2. The pIJ shall not be less than 6.0 standard units nor greater than 9.0 standard units.
There shall be no discharge of floating solids or visible foam in other than trace amounts
n 'Iffili"iA n M
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman
Governor Director Secretary
April 4,2012
JADD BREWER
OWNER
ADAMS APPLE HOMEOWNERS ASSOCIATION,INC.
1208 KELLY COURT
CARY NC 27511
Subject: Receipt of permit renewal application
NPDES Permit NCO042358
Adams Apple Homeowners Association, Inc.
Avery County
Dear Mr.Brewer:
The NPDES Unit received your permit renewal application on April 2,2012. A member of the NPDES
Unit will review your application. They will contact you if additional information is required to complete your
permit renewal. You should expect to receive a draft permit approximately 30-45 days before your existing permit
expires.
If you have any additional questions concerning renewal of the subject permit,please contact Bob Sledge at
(919) 807-6398.
Sincerely, p�
Dina Sprinkle
Point Source Branch
t T
IT
cc: CENTRAL FILES
1 �
Asheville Regional Office/Surface Water Protection k I 1 p
NPDES Unit 'I
l.a rl APR — 5 2012
1617 Mail Service Center,Raleigh,Nod Carolina 27699-1617
Location:512 N,Salisbury St.Raleigh,Nod Carolina 27604 One
Phone:919Z7 6300 1 FAX:9IM07-6492 NorthCarol na
Intemet www,namatprityIerquality,Ac Naturally
An Equal OppaNnilyl ARvmaGre Action Employer
Water Quality Lab and Operations, Inc.
PO Box 1167
Banner Elk, NC 28604
Phone 828-898-6277 Fax 828-898-6255
March 20,2012
Adams Apple
The request is being made for Adams Apple, NPDES Permit NCO042358,to have their wastewater permit
renewed. No changes to the plant have been made since the last permit renewal in 2007.
If you have any questions,feel free to contact myself,Jadd Brewer,owner of Water Quality Lab and
Operations, Inc.at 828-898-6277
ncerely,
add Brewer
Water Quality Lab and Operations, Inc...
I �
APH 2 2ot2
- t' i�i7aCPr`v
NPDEB APPLICATION - FORM D
For privately owned treatment systems treating 100% domestic wastewaters <1.0 MOD
Mail the complete application to:
N. C. DENR I Division of Water Quality / NPDES Unit
1617 Mail Service Center, Raleigh, NC 27699-1617
NPDEB Permit COO 235
If you are completing this form in computer use the TAB key or the up -down arrows to move from one
field to the next. To check the boxes, click.your mouse on top of the box. Otherwise,please print or type.
1. Contact Information:
Owner Name LarW Ah InQ
Facility Name
.. . A�2PJle I /Y
J 1)POL�Jrl�� D i'n harJ��riC .
Mailing Address _Lfl d
City /f..,.. ,
State / Zip Code UC 9751 1
Telephone Number
Fax Number
e-mail Address
2. Location of facility producing discharge:
Check here if same address as above ❑
Street Address or State Road NO �� 16
{� 5 5E o� Banner EI K.
City I� ann& F—I K
State / Zip Code Qry'C+ 99064
!t�
County e W
3. Operator Information:
Name of the firm, public organization or other entity that operates the facility. (Note that this is not
referring to the Operator in Responsible Charge or CRC)
Name T d d �Ye aer - Wager' u/,,U l.,s
Mailing Address
city En NC
F1 B
State / Zip Code - I C ^Q b 0 0
Telephone Number 8qpg 02M
Fax Number ( ) ?q 0 - W 25 5
C31�
APR 2 2012�
1 Of _. ":re y
Form D UOM
i
NPDES APPLICATION - FORM D
For privately owned treatment systems treating.100%domestic wastewaters'<1J0 MGD y`
4. Description of wastewater:
Facility Generating Wastewater(check all that apply): \\.
Industrial ❑ Number of Employees
Commercial ❑l Number of Employees
'., Residential [I 'Number of Homes 35
School ❑ Number of Students/Staff
Other ❑ Explain:
ilA t.l N
Describe the source(s) of wastewater (example: subdivision,mobile home park,shopping centers,
restaurants, efc):
6abd[ PSO� i , .a
Population served:
S. Ty of collection system
( .
Ty
(sanitary sewer only) ❑ Combined (storm.sewer and sanitary sewer)
6. OutfaN Information:
1
Number of separate discharge points
Outfall Identification number(s) QQ/
t
Is the-.outfall equipped with a diffuser? 0-Y'e`l. - Q 4No +�i
7. Name of reeeivi streams) (Prouide a mpp shounng the exact location of each outfall):.
WQ-fcw.ga �luea
S. Frequency of Discharge: & Continuous ❑ Intermittent
If intermittent:
Days per week discharge occurs: Duration:
9. Describe the treatment system (. r
List all ipstblled comporlehts including capacities,provide design remeyal for BOD, TSS, nitrogen and
phosphorus. ethe space provided is not sufficient, attach the description of the treatment system in a
separate sheet ofpaper. -
►Vo Change Wince, loot perrx ut )-m&o -11
203 _ Form-D 05108
NPDE3 APPLICATION - FORM D
For privately owned treatment systems treating 100% domestic wastewaters <1.0 MGD
10. Flow Information: �nn
Treatment Plant Design flow+ QW MGD
Annual Average daily flow •60 1 MGD (for the previous 3 years)
Maximum daily flow •(T& MGD (for the previous 3 years)
11. Is this facility located on Ind�i n country?
El Yes [YNo
12. Effluent Data
Provide data for thepammeters listed.Fecal Colifonn, Temperature and pH shall be grab samples,for all other
parameters 24-hour composite sampling shall be used.If more than one analysis is reported, report daily maximum
and monthly average.If only one analysis is reported, report as daily maximum.
Parameter Daily Monthly Units of
Maximum Averse Measurement
Biochemical Oxygen Demand (BODs) -
Fecal Coliform n Q�
Total Suspended Solids
Temperature (Summer)
Temperature (Winter)
PH
13. List all permits, construction approvals and/or applications:
Type Permit Number Type Permit Number
Hazardous Waste(RCRA) NESHAPS(CAA)
UIC(SDWA) Ocean Dumping(MPRSA)
NPDES NC6�023—Cg Dredge ar fill(Section 404 or CWA)
PSD (CAA) Other
Non-attainment program (CAA)
14. APPLICANT CERTIFICATION
I certify that I am familiar with the information contained In the application and that to the
best of my knowledge and belief such Information is true, complete, and accurate.
Tadd3Bm nnuLov 1/�I�IerQundr�y lads
Printed name of Person Signing Title
Signature of Applicant Date t �
North Carolina General Statute 143-215.6 (b)(2) states: Any person who knowingly makes any false statement representation, or cerkOcation in any
application, record, report,plan,or other document files or required to be maintained under Article 21 or regulations of the Environmental Management
Commission implementing that Article, or who falsifies, tampers with, or knowingly renders inaccurate any recording or monitoring device or method
required to be operated or maintained under Article 21 or regulations of the Environmental Management Commission implementing that Article,shall be
guilty of a misdemeanor punishable by a fine not to exceed$25,000,or by Imprisonment not to exceed six months,or by both. (16 U.S.C.Section 1001
provides a punishment by a One of not more than$25,000 or imprisonment not more than 5 years,or both,for a simllar offense.)
3of3
Form 05100
[Type text] ,
Water quality Lab and Operations, Inc.
PO Box 1167
Banner Elk, NC 28604
Phone 828-898-6277 Fax 828-898-6255
March 20,2012
Excess bio-solids are pumped and hauled to Boone wastewater treatment plant.
Sincerely,
Yd!ewerdit
Water quality Labs,lnc.
O��F WAP�RQG �1 Michael F.Easley,Gavemor
William G.Ras,Jr.,Secretary
rNorth Carolina Department of Environment and Natural Resources
O 'C Alan W.Klimek,P.B.Diremor
r ` Div fTater Quality
1�I��
March 21,2007 IdAlj 6 /001 1
Larry Leltning
Adams Apple Condominium Association cN
�-
PO Box 2137 w"IFIptlll it G1;
C u
Banner Elk,NC 28604 _..... _. _._.
Subject: Receipt of permit renewal application
NPDES Permit NCO042358
Adams Apple HOA
Avery County
Dear Mr.Lehning:
The NPDES Unit received your permit renewal application on March 21,2007. A member of the NPDES Unit will
review your application. They will contact you if additional information is required to complete your permit renewal. You
should expect to receive a draft permit approximately 30-45 days before your existing permit expires. The requirements in
your existing permit will remain in effect until the permit is renewed (or the Division takes other action).
If you have any additional questions concerning renewal of the subject permit, please contact me at (919) 733-5083,
extension 363.
Sincerely, 1y2p1!M-,t�,t
Carolyn
olyn
Point Source Branch
cc: CENTRALPILES
Asheville Regional Office/Surface Water Protection
NPDES Unit I� d ✓I9 C/XI
I .r,✓l
No`
hC:vo na
✓l�utu=i
North Carol ina Division of Water Quality 1617 Mail Service Center Raleigh,NC 27699-1617 Phone(919)733-7015 Customer Service
Interne;: h2o.mr.stale,none 512 N.Salisbury St. Raleigh,NC 27604 PAX (919)733-M96 1-877-623-6748
An Equal Oppoltunity/Affirmelive Action Employer-50%Recydedll0%Post Consumer Paper
Water Quality Lab and Operation,Inc.
P.O.Box 116711522 Tyne tle Highway
Banner Elk,NC 28604
Ph.828-898-6277Fax 828-998-6255
k
N.C. Division of Water Quality
1617 Mail Service Center
Raleigh,NC 27699-1617
Water Quality Lab and Operations
1522 Tynecastle Highway �_� -------
Banner Elk,NC 28604AR
NC DENR/DWQ/Point Source Branch -
Art: Mrs. Carolyn Bryant
Mrs. Bryant,
The attached wastewater renewal application was completed by Water Quality Lab and
Operations,Inc. for the 2007 renewal year.
If you have any questions to arise, feel free to contact myself, Jadd Brewer at Water
Quality Lab and Operations, at 828-898-6277.
Added Information
The bio excess solids when removed from the wastewater treatment plant will be hauled
directly to the Town of Boone wastewater treatment plant.
Thank you,
�addUBrcwer
Water Quality Lab and Operations,Inc.
0 C-)
NPDES APPLICATION - FORM D
For privately owned treatment systems treating 100% domestic wastewaters <1.0 MGD
Mail the complete application to:
N. C. Department of Environment and Natural Resources
Division of Water Quality / NPDES Unit
1617 Mail Service Center, Raleigh, NC 27699.1617
NPDES Permit NCO
Please print or type.
1. Contact Information:
Owner Name
Facility Name h 1
Mailing Address Q 137
city
State/ Zip Code N urkir\ ! Cl t'O 1 n fh dt0
Telephone Number ( ) q ( 9 -a 19 - 4q (e 7
Fax Number ( ) M F}
e-mail Address
2. Location of facility producing discharge: II ^Check here if same address as above ❑ I� r0 fll27' G`�
Street Address or State Road
City
State / Zip Code NG H out tv�i
County Ayom
3. Operator Information:
Name of the firm, public organization or other entity that operates the facility. (]Vote that this is not
referring to the Operator in�RRe!ssponsibbl�e��Chaarrge or ORC)
Name cr6hA i3a5,/�11y
Mailing Address �Q. /IU /
City �^nr nn �t pp/�IG-- ��+1
State / Zip Code
Telephone Number (gzr6(
Fax Number ($ ( gR6"WLa
Form-D 4105
i of
0 rl-)
NPDES APPLICATION - FORM D
For privately owned treatment systems treating 100% domestic wastewaters <1.0 MGD
10. Flow Information:
Treatment Plant Design flow X10W MGD
Annual Average daily flow t3,&0—MGD (for the previous 3 years)
Maximum daily flow AO MGD (for the previous 3 years)
11. Is this facility located on In i country?
❑ Yes nn No
12. Effluent Data
Provide datafor the parameters listed. Fecal Coliform, Temperature and pH shall be grab samples,for all other
parameters 24-hour composite sampling shall be used.If more than one analysis is reported, report daily maximum
and monthly average.If only one analysis is reported, report as daily maximum.
Daily Monthly Units of
Parameter Maximum Avers a Measurement
Biochemical Oxygen Demand (BOD5) I . M L
Fecal Coliform Z <
Total Suspended Solids ��/nQ
Temperature (Summer) or.�
Temperature (Winter)
°G
pH 7. 2 Sll
13. List all permits, construction approvals and/or applications:
Type Permit Number Type Permit Number
Hazardous Waste(RCRA) NESHAPS(CAA)
UIC (SDWA) � Ocean Dumping(MPRSA)
NPDES �i'f 2.3rjg--�--- Dredge or till(Section 404 or CWA)
PSD (CAA) Other
Non-attainment program(CAA)
14. APPLICANT CERTIFICATION
I certify that I am familiar with the information contained in the application and that to the
best of my knowledge and belief such information is trues,`complete, and accurate.
1.r;siiAC� 06�Q . >ecrJrrlN �'TrPnsorer
Printed name of Person Sngning
1 ' e Ym(�mQa 3-177- (A
Signature of Applicant Date
North Carolina General Statute 143-215.6 (b)(2) states: Any person who knowingly makes any false statement representation, or certification In any
application, record,report, plan,or other document files or required to be maintained under Article 21 or regulations of the Environmental Management
Commission Implementing that Article,or who falsifies,tampers with,or knowly renders inaccurate any recording or monitoring device or method required
to be operated or maintained under Adlcle 21 or regulations of the Environmental Management Commission Implementing that Article,shall be guilty of a
misdemeanor punishable by a fine not to exceed$25,000,or by Imprisonment not to exceed six months,or by both. (16 U.S.C.Section 1001 provides a
punishment by a fine of not more than$25,000 or Imprisonment not more than 5 years,or both,for a similar offense.)
Farm-D 4105
3 of
O=O�WATF/�OG tom'\ Michael F.Easley,Governor
William 0.area 3c,Secretary
h r North Carolina Deparnnent of Environment and Nanud Resources
> -y
-( Alan W.Klimek,P.S.Director
Division of Weer Quality
June 8,2006 I Ili
II d JUN — 9 2006 1
Mr.Mark Vess _.
Property Manager � 'I
Adams Apple HOA
PO Box 2371 _-
Banner Ells,NC 28604
Subject: NPDES Permit Modification-Name
and/or Ownership Change
NCO042358
Avery County
Dean:Mt.Vess:
We are in receipt of your request for Name/Ownership change for the above referenced facility. For
your convenience I have enclosed the correct form to be completed with legal documentation and returned
to:
NCDENR/DWQ
Point Source Branch
1617 Mail Service Center
Raleigh,NC 27699-1617
Upon receipt of the completed form Division will review and issue a permit in the new owners,name.
If you have any additional questions or concerns pertaining to the subject permit,please contact me at
(919) 733-5083, extension 520.
Sincerely,
Frances Candelotia
Surface Water Protection Section
Enclosure
cc: CENTRAL FILES
Asheville Regional Office/Water Quality Section
NPDES Unit
Nam` Cararolina/!y✓vatu
North Carolina Division of Water Quality 1617 Mail Service Canter Raleigh,NC 27699-1617 Phone(919)733-7015 Culamer Service
Internet h2a.enrsateroms 512 N.Salisbury St. Raleigh,NC 27604 FAX (919)733-2496 1-877-623-6748
An Equal Opportunity/AfirmaBve Acton Employer—50%Recycled110%Post Consumer Paper
gwsw
State of North Carolina
be artment of Environment JAN 21 b�OZ
and Natural Resources I y
Division of Water Quality t9'1 2quAl u � t�loll
nrllvinlj!mo ��_ tI (
Michael F. Easley, Governor m NCDENR
William G. Ross, Jr., Secretary
Alan W. Klimek, P.E., Director NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
December 31,2003
Mr. Mark W.Vess
eHomeownees Association �TyxV.Q,'(`1@, rpypYFPIl4tp.Sg4�
P.O.Box 707 �
Banner Flit,North Carolina 28604
i I� Subject:Issuance of NPDES Permit NCO042358 e 4 rlp/,u /1 I Adams Apple Condominiums W WTP
l�1/1.0 k 22, j , �`J Avery County
Dear Mr.Vess:
Division personnel have reviewed and approved your appl canon or renewal of the subject permit. Accordingly, we
are forwarding the.attached NPDES discharge permit. This permit is issued pursuantto the requirements of North.
Carolina General Statute.143 215.1 and the Memorandum of Agreement between North' Carolina and the U.S
Environmental Protection Agency dated May 9, 1994(or as subsequently amended)..
- This final permit includes Daily Maximum limits for ammonia nitrogen. These limits were added to comply with an
EPA requirement that:the Division implement daily maximum NH3 [as M.limits for non-municipal facilities, as
required by the Code of Federal Regulations. The daily maximum value is normally five times the monthly average
..value.(this multiplier was established based on a review of treatment capability at various non-municipal plants).
- Daily maximum values are capped at 35.0 mg/L, and both the summer and winter daily maximum limits for your ..
facility is 35.0 mg/L.
If any puts,measurement frequencies or sampling requirements contained in this permit are unacceptable to you,
you have the eight town 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 (6714 Mail Service Center, Raleigh, North
Carolina 27699-6714). Unless such demand is made,this decision shall be final and binding.
Please note that this permit is not transferable except after notice to the Division. The Division may require modification or
revocation and reissuance of the permit. This permit does not affect the legal requirements to obtain other permits
which may be required by the Division of Water Quality or permits required by the Division of Land Resources, the
Coastal Area Management Act or any other Federal or Local governmental permit that may be required. If you have
any questions concerning this permit, please contact Charles Weaver at telephone number (919) 733-5083, extension
511.
Sincerely,
Original Signed By
mils
Al "A II
cc: Central Files
Asheville Regional Office/Water Quality Section
NPDES Unit
Richard A.DeMott/Watauga River Conservation Partners [P.O.Box 1194,Linville,NC 29646-1194]
1617 Mail Service Center,Raleigh,North Carolina 27699 1617 Telephone(919)733-5083 FAX(919)733-0719
An Equal Opportunity Affirmative Action Employer VISIT US ONmE INTERNET®http:l/h2o.enr.state.nc.us/NPOES
Permit NCO042358
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
PERMIT
TO DISCHARGE WASTEWATER UNDER THE
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
In compliance with the provision of North Carolina General Statute 143-215.1, other lawful
standards and regulations promulgated and adopted by the North Carolina Environmental
Management Commission, and the Federal Water Pollution Control Act, as amended, the
Adams Apple Homeowners Association
is hereby authorized to discharge wastewater from a facility located at the
Adams Apple Condominiums WWTP
NC Highway 105 southeast of Banner Elk
Avery County
to'receiving waters designated as the Watauga River in the Watauga River Basin in
accordance with effluent limitations, monitoring requirements, and other conditions -
set forth in Parts I, II, III and IV hereof.
This permit shall become effective February 1, 2004.
This permit and authorization to discharge shall expire at midnight on September 30, 2007.
Signed this day December 31, 2003.
1 'Ad A.Caodffidh
Alan W. HIimek, P.E., Director
Division of Water Quality
By Authority of the Environmental Management Commission
Permit NCO042358
SUPPLEMENT TO PERMIT COVER SHEET
All previous NPDES Permits issued to this facility,whether for operation or discharge are hereby revoked.As of
this permit issuance,any previously issued permit bearing this number is no longer effective.Therefore,the
exclusive authority to operate and discharge from this facility arises under the permit conditions,requirements,
terms,and provisions included herein.
The Adams Apple Homeowners Association is hereby authorized to:
1. Continue to operate an existing 0.020 MGD wastewater treatment system with
the following components:
♦ Bar screen
♦ Aeration basin
♦ Clarifier with sludge return
♦ Tablet chlorinator -
♦ Contact basin
♦ Dechlorination
♦ -Flow meter ..
♦ Cascade aerator -
The facility is located southwest of Banner Elk at the Adams Apple
Condominiums WW1? off NC Highway 105 in Avery County.
_I 2. Discharge from said treatment works at the location specified on the attached
map into the Watauga River, currently a class B-Trout HQW water in the
Watauga River Basin.
Permit NCO042358
SUPPLEMENT TO PERMIT COVER SHEET
All previous NPDES Permits issued to this facility,whether for operation or discharge are hereby revoked. As of
this permit issuance,any previously issued permit bearing this number is no longer effective.Therefore,the
exclusive authority to operate and discharge from this facility arises under the permit conditions, requirements,
terms,and provisions included herein.
The Adams Apple Homeowners Association is hereby authorized to:
1. Continue to operate an existing 0.020 MGD wastewater treatment system with
the following components:
♦ Bar screen
♦ Aeration basin
♦ Clarifier with sludge return
♦ -Tablet chlorinator
♦ Contact basin
♦ Dechlorination - - - -
- ♦ Flow meter -
♦ Cascade aerator
The facility is located southwest of Banner Elk at the Adams Apple
Condominiums W WTP off NC Highway 105 in Avery County.
2. Discharge from said treatment works at the location specified on the attached
map into the Watauga River, currently a class B-Trout HQW water in the
Watauga River Basin.
f� � .r) Permit NC0042358
A. (1.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS
During the period beginning on February 1, 2004 and lasting until expiration, the
Penmittee is authorized to discharge from outfall 001. Such discharges shall be limited and
monitored by the Permittee as specified below:
YL&,L Eh� LIMITS JONIT$R(NG F(E4 l gMENT$.,
-S'SIARACTERFSTIo-S
Monthly Doily ;�� �dedg lemept; 9bMFJeTYPe ` SBmPIe,L4patjo0 '.
v}r@ 4 MAI(in An k ti?aucggY_ �;
n
Flow 0.020 MGD Continuous Recording Influent or Effluent
BOD,5-day(20°C) 30.0 mglL 45.0 mglL Weekly Composite Effluent
Total Suspended Solids 30.0 mg4 45.0 mg/L Weekly Composite Effluent
NH3 as N 11.0 mg/L 35.0 mg/L Weekly. Composite Effluent
(April 1-October 31
NH3 as N
November 1 -March 31) lL 32.0 n 35.0 mg/L Weekly Composite Effluent
Fecal i rm 200/100 ml 400/100 ml- Weekly Grab - Effluent
eometretric mean
Total Residual Chlorine' 23 µglL 2Mleek Grab Effluent
Temperature K) Daily Grab Effluent,
Upstream&Downstream
pHs Weekly Grab Effluent
Footnotes:
1. Total Residual Chlorine monitoring is required only if chlorine is utilized in the treatment process.
2. The pH shall not be less than 6.0 standard units nor greater than 9.0 standard units.
There shall be no discharge of floating solids or visible foam in other than trace amounts
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FACT SHEET FOR WASTELOAD ALLOCATION
Request# 7244
Facility Name: Adams Apple Racquet Club
NPDES No.: NC0042358 �a aT N 1
Type of Waste: Domestic- 100% ---•fi`1 j
Facility Status: Existing IUIJ
Permit Status: Renewal lAN ' 7 1993�
Receiving Stream: Watauga River
Stream Classification: B-Trout HQW NIATER pUAUTY SECTION
Subbasin: 040201 ASNE ER Eh, REGIONAL FHQ, CE
County: Avery Stream Chaaz2cTeri"snc•"`�"
Regional Office: Asheville USGS # 0316288853
Requestor: Shanklin Date: 2/87
Date of Request: 11/19/92 Drainage Area(mi2): 1.48
TopoQuad: CIINE Summer 7Q10(cfs): 0.4
Winter 7Q10(cfs): 0.6
Average Flow (cfs): 3.0
30Q2(cfs): 0.7
IWC(%): 7 %
Wasteload Allocation Summary
(approach taken, correspondence with region, EPA, etc.) -
Facility requesting renewal of existing NPDES permit. Tech Support recommends that facility be
given NH3 Choice Option of existing limits w/toxicity test or summer/winter NH3 limits.
Regional Office should notify facility of option available.
�eiYV�erYn:(�JM !��-gv��Ovinry r'/15-1LecvrvL /-tFCaYn���Rd
Special Schedule Requirements and additional comments from Reviewers: ,
t
L
Recommended by '�' "� Date: 12/29/92 _
Reviewed by
Instream Assessme ; ti. LV�efl'Y`� Date: �` L5
�t
RegionalS i r: ,�-� Date:�L9 / `�3
Permits Engineering: Date: 1�s
FEB 0 3 1993
RETURN TO TECHNICAL SERVICES BY:
( 2
CONVENTIONAL PARAMETERS
Existing .Limits:
Monthly Average
Summer Winter
Wasteflow (MGD): 0.020
BOD5(mg/1): 30
N113N(mg/1): monitor
DO(mg/1): nr
TSS (mg/1): 30
Fecal Col. (/100 ml): 200
PH (SU): 6-9
Residual Chlorine (µgp): 53
Temperature(C): monitor
Recommended Limits' -
Monthly Average with Monthly Average with
Toxicity Test Ammonia Limit
Summer Winter Summer Winter WQ or EL
Wasteflow (MGD): 0.020 0.020 0.020
BOD5 (mg/1): 30 30 30 EL
NH3N(mg/1): monitor 11 32 WQ
DO(mg/1): nr nr nr
TSS (mg/1): . 30 30 30 EL
Fecal Col. (/100 ml): 200 200 200
PH (SU): 6-9 6-9 6-9
Residual Chlorine (µg/l): 53 53 53
Temperature(C): monitor monitor monitor
Toxicity test(P/F): Chronic P/F Quarterly @ 7 % -
Limits Changes Due To: Parameter(s) Affected
Change in 7Q10 data
Change in stream classification
Relocation of discharge
Charge in wasteflow
Other(onsite toxicity study, interaction, etc.)
_. ,. ..Instream data
_...
New regulations/standards/procedures Fecal Coliform
New facility information
_X_ Parameter(s) are water quality limited. For some parameters,the available load capacity of
the immediate receiving water will be consumed. This may affect future water quality based
effluent limitations for additional dischargers within this portion of the watershed.
OR
No parameters are water quality limited, but this discharge may affect future allocations.
-) 3
INSTREAM MONITORING REQUIREMENTS
Upstream Location: - O' d L)OW oc)qoll
Downstream Location:N5U' Qf1 Od/
Parameters: `j2Vn@eJCthJv`P
Special instream monitoring locations or monitoring frequencies:
MISCELLANEOUS INFORMATION&SPECIAL CONDITIONS
Adeavary of Existing Treatment
Has the facility demonstrated the ability to meet the proposed new limits with existing treatment
facilities? Yes No X
If no, which parameters cannot be met?
Would a "phasing in" of the new limits be appropriate? Yes No_X_
If yes,please provide a schedule (and basis for that schedule) with the regional
office recommendations:
If no, why not?
Special Instructions or Conditions
Wasteload sent to EPA? (Major) (Y or N)
(If yes, then attach schematic, toxics spreadsheet, copy of model, or, if not modeled, then old
assumptions that were made, and description of how it fits into basinwide plan)
Additional Information attached? (Y or N) If yes,explain with attachments.
SOC PRIORITYrROJECT: Yes No X
IF YES, SOC NUMBER
TO: PERMITS AND ENGINEERING UNIT
WATER QUALITY SECTION
ATTENTION: Jule Shanklin
DATE: December 4, 1992
NPDES STAFF REPORT AND RECOMMENDATION
COUNTY Avery
PERMIT NUMBER NCO042358
PART I - GENERAL INFORMATION i
1. Facility and Address: Adams Apple Homeowners Association
Rt. 1, Box 298
Banner Elk, North .Carolina 28604
2. Date of Investigation: December 3 , 1992
3 . Report Prepared By: Michael R. Parker
i
I
4. Persons Contacted and Telephone Number: John H. Coyle
704/963-4950
S. Directions to Site: From the intersection of North Carolina
Highways 105 and 184, travel north on N.C. Highway 105 0.5 mile.
The entrance to Adams Apple Racquet Club is located on the right
side of the highway. Travel on the Adams Apple Road
approximately 200 feet to gravel drive on left. Follow gravel
drive across river to the wastewater treatment plant.
6. Discharge Point(s) , List for all discharge points:
Latitude: 36007' 45" Longitude: 81049' 10"
Attach a USGS map extract and indicate treatment facility site and
discharge point on map.
U.S.G.S. Quad No. C11NE U.S.G.S. Quad Name Valle Crucis, N.C.
7. Site size and expansion area consistent with application?
_X_ Yes No If No, explain:
8. Topography (relationship to flood plain included) : Facility is
not subject to flooding.
�� Page 1
C`� C-)
9. Location of nearest dwelling: Off property dwelling is 300 feet
to the north. On property apartment complex is 100 feet to the
east.
10. Receiving stream or affected surface waters: Watauga River
a. Classification: B-trout HQW
b. River Basin and Subbasin No. : WAT 01
C. Describe receiving stream features and pertinent downstream
uses: Fish and wildlife propagation, fishing, swimming,
. canoeing and kayaking and irrigation.
PART II - DESCRIPTION OF DISCHARGE AND TREATMENT WORKS
1. a. Volume of wastewater to be permitted 0.020MGD (Ultimate
Design Capacity)
b. What is the current permitted capacity of the Wastewater
Treatment facility? 0.020 MGD
C. Actual treatment capacity of the current facility (current
design capacity 0.020 MGD
d. Date(s) and construction activities allowed by previous
Authorizations to Construct issued in the previous two years:
NA
e. Please provide a description of existing or substantially
constructed wastewater treatment facilities: Existing
facilities consist of a 0.020 MGD package plant with bar
screen, aeration basin, clarifier with sludge return, tablet
chlorinator, contact basin and cascade aerator.
f. Please provide a description of proposed wastewater treatment
facilities: It is proposed to construct and/or install a
tablet dechlorination unit and a recording and totalizing
flow meter.
g. Possible toxic impacts to surface waters: Negligible
h. Pretreatment Program (POTWs only) :
in development approved
should be required not needed
2. Residuals handling and utilization/disposal scheme: Residual
solids are pumped out by a septic tank pumper.
a. If residuals are being land applied, please specify DEM
Permit Number
Residuals Contractor
Telephone Number
b. Residuals stabilization: PSRP PFRP OTHER
Page 2
C,
C. Landfill:
d. Other disposal/utilization scheme (Specify) :
3. Treatment plant classification (attach completed rating sheet) :
Class II .
4. SIC Codes(s) : 4952
Primary 06 Secondary
Main Treatment Unit Code: 06007
PART III OTHER PERTINENT INFORMATION
1. Is this facility being constructed with Construction Grant Funds
or are any public monies involved. (municipals only)?
2. Special monitoring or limitations (including toxicity) requests:
As listed in the regulations.
3. Important SOC, JOC, or Compliance Schedule dates: (Please
indicate)
Date
Submission of Plans and Specifications
Begin Construction
Complete Construction
4. Alternative Analysis Evaluation: Has the facility evaluated all
of the non-discharge options available. Please provide regional
perspective for each option evaluated.
Spray Irrigation: No land available
Connection to Regional Sewer System: Too costly to connect to
municipal sewer.
Subsurface: Land is not available .
Other disposal options:
5. Other Special Items:
Page 3
PART IV - EVALUATION AND RECOMMENDATIONS
The Adams Apple Racquet Club property owners association has
requested renewal of NPDES Permit No. NC0042356 to continue the
operation of the existing 0. 020 MGD wastewater treatment plant.
The facility proposes to install effluent dechlorination and a
recording and totalizing flow meter.
The facility can comply with current NPDES Permit limits
It is recommended that the permit be issued.
Signature of Re ort Preparer
ater Quality Regional Supervisor
X7�2
Date
Page 4
i
WATER POLLUTION CONTROL SYSTEM OPERATOR DESIGNATION FORM (WPCSOCC)
NCAC 15A SG.DRAT
Press YAB to enter information
Permittee Owner/Officer Name: c�,asp� ��,Ff.t)(=(�, �4S L%-X iA)A-T0RM
Mailing Address: Phone::
City: State: /Q Cam. Tip: Z—a&Qtq.
Email Address: rJADpit3RFfa��@. 'F�OC.L�-E7'lYlA2L•C,6m
Signature: (i7 � Date:
Facility Name: IXISP tE Permit# NQDgZ U
County: C ..
YOU MUST SUBMITA SEPARATE FORM FOR EACH TYPE AND CLASSIFICATION OF SYSTEM:
Facility Type: Select
Facility Grade: Select
- OPERATOR IN RESPONSIBLE CHARGE(ORC)
Print Full Name: S7V-VE -Tr4L4L-OR Work Phone:
Certificate Type: Select wlk5 Certificate Grade: SOlect"ET Certificate#:
Email Address:
Signature: Effective Date:
1 certify that I agree to my designation as the Operator in Responsible Charge for the facility noted. I understand and will abide by the
rules and regulations pertaining to the responsibilities of the ORC as set forth in 25A NCAC 08G.0204 and failing to do so can result in
Disciplinary Actions by the Water Pollution Control system Operators Certification Commission."
BACKUP OAC
Print Full Name: Pi9UC- C-P(OAPM 16FnIH0f2a Work Phone: pjr7r'r-Z(g0-2ba4
Certificate Type: Select (Aj Vj Certificate Grade:Seleot � . Certificate#:
Email Address: L- I—,&Orel
Signature: Effective Date:
"1 certify that 1 doiteq,67KY designation as a aack-tikwivroFin Responsible Change for the facditynoted. I understand and will abide by
the rules and regulations pertaining to the responsibilltles of the ORC as set forth in 15A NCAC 08G.0204 and falling to do so can result In
Disciplinary Actions by the Water Pollution Control System Operators Certification Commission."
Mail,faxoremail WPCSOCC,1618 Mail Service Center, Fax:919-715-2726 Email:centt.dmin@ncdenr.gov
ORIGINAL to: Raleigh,NC 27699-1618
Mail or Fax Asheville Fayetteville Mooresville Raleigh
a copy to: 2090 US Hwy 70 225 Green St.,Suite 714 610 E.Center Ave.,Suite 301 3800 Barrett Dr.
Swannanos,NC 28778 Fayetteville,NC 28301-5043 Mooresville,NC 28115 Raleigh,NC27609
Fax:828-299.7043 Fax:910-486-0707 Fax:704-663-6040 Pax:919-571A718
Phone:828-296,4500 Phone:910-433-3300 Phone:704-663-1599 Phone:919-791-4200
Washington Wilmington Winston-Salem
943 Washington Sq.Mall 127 Cardinal Dr. 45 W,Hanes Mall Rd.
Washington,NC 27889 Wilmington,NC 29405-2845 Wln5ton Salem,NC 27105
Fax:252-946-9215 ' Fax:910-350-2004 Fax:336-776-9797
Phone:252,946-6481 Phone:910-796-7215 Phone:336,776-9800 Bersee n2ate
WpCSOCC operator Designation Form(continued) page 2
Facility Name: Fij)+9l ,% AWt& Permit#:
BACKUP ORC
Print Full Name: J}}'[DP tAIG5L9.a ,fZ� ��R Work Phone:�Z,Q'—Zrq('j-20a--;L
Certificate Type: Select WW Certificate Grade: Select � �4A Certificate
Email Address: SIA�3F) 4(— L. GOM
Signature: Effective Date;
"1 certfy that I agree to my designdf s s B ck-up Operomrin Responsible Charge far the focility noted. I understand and will abide by
the rules and regulations pertaining to the responsibilities of the ORC as set forth in ISA NCAC086.0204 andfuhing to do so can result in
Dlsciplinory Actions by the Water Pollution Control System Operators Certification Commission."
`BACKUP ORC
Print Full Name; 't±RRnt`Lp�F�U�}JS Work Phone: t 'L',(p — ', ��
Certificate Type; Select Certificate Grade; Select 2r Certificate#: 992&j5
Email Address 1. 1i6jif eS / (P Y' d6bD Ln Ay
Signature; /// Effective Date;
"l certify that agree to my designation NNass'a`Back-up Operator in Responsible Chargefor thefocility noted, I understand and will abide by
the rules and regulations pertaining to the responsibilities of the ORC as setforth in 15A NCAC 08G,0204 and falling to do so can result in
Dlsciplinory Actions by the Water Pollution Control rystem Operators Certification commission."
BACKUP ORC .. .
Print Full Name: Work Phone:
Certificate Type: Select Certificate Grade: Select Certificate fh
Email Address: —�
Signature: Effective Date;
"I certify that I agree to my designation as a Hack-up Operator In Responsible Charge for the facility noted. I understand and will abide by
the rules and regulations pertaining to the responsibilities of the ORCas set forth in 15A NCAC 08G.0204 and failing to do so can result In
Disciplinary Actions by the Water Pollution Control System Operators Certification Commission."
BACKUP ORC
Print Full Name: Work Phone:.
Certificate Type: Select Certificate Grade: Select Certificate
Email Address:
Signature: Effective Date:
"I certify that I agree to my designation m a Back-up Operatorin Responsible Charge for the facility noted. I understand and will abide by
the rules and regulations pertaining to the responsibilities of the ORCas set forth In 15A NCAC 08G.0204 and failing to do so can result In
Disciplinary Actions by the Water Pollution Control System Operators Certification Commission,"
ReWsedazota
IT
^L ROy:COOPER
MICHAEL S. REGANNIC �Mhuy
' ..
Waterttesnurces S.JAY ZIMMERMAN
®uriM»tkauTA�iDVaLttV. A'/fC�n{
Certified Mail # 70161370 0001 65719215
Return Receipt Requested
May 18, 2017
Larry Lehning
Adams Apple Homeowners Association Inc
1208 Kelty Ct
Cary, NC 27511
SUBJECT: NOTICE OF VIOLATION
Tracking Number: NOV-2017-LV-0358
Permit No. NCO042358
Adams Apple Condominiums WWTP
Avery County
Dear Permittee:
A review of the October 2016 Discharge Monitoring Report (DMR) for the subject facility revealed the violation(s)
indicated below:
Limit Exceedance Violation(s):
Sample Limit Reported
Location Parameter Date Value Value Type of Violation
001 Effluent Coliform, Fecal MF, MFC Broth, 10/18/2016 400 1,000 Daily Maximum Exceeded
44.5 C(31616)
Remedial actions, if not already implemented, should be taken to correct any noted problems. The Division of
Water Resources may pursue enforcement actions for this and any additional violations.If the violations are of a
continuing nature, not related to operation and/or maintenance problems, and you anticipate remedial
construction activities, then you may wish to consider applying for a Special Order by Consent (SOC).
If you have any questions concerning this matter, please contact Janet Cantwell of the Asheville Regional Office at
828-296-4500.
Sincerer
G. Landon Davidson, P.G., Regional Supervis
Water Quality Regional Operations Section
Asheville Regional Office
Division ofWater Resources, NCDEQ
Cc: WQS Asheville Regional Office-Enforcement File
NPDES Compliance/Enforcement Unit-Enforcement File
G:\WR\WQWvery\Wastewater\Minom\Adams Apple Condo 42358\NOV-2017-LV-0358
State ofNohh Carolina I Environmental Quality I Water Resources
n 2090 U.S.70 Highway,Swannaraw,NC 28778
Y'L 828-2964500
I�OY�O,OPER;
ObreMor
- I�IGHAEL'S.1(E6AN
Sloe ary
AC
tVpt� Resabrcm ' S,JAY IMMEl Mb
6HNp�r1 4u* 0AL
Certified Mail # 7016 1370 0001 6571 7983
Return Receipt Requested
August 18, 2017 -
Larry Lehning
Adams Apple Homeowners Association Inc
1208 Kelty Ct
Cary, NC 27511
SUBJECT: NOTICE OF VIOLATION &INTENT TO ASSESS CIVIL PENALTY
Tracking Number: NOV-2017-PC-0561
Permit No. NC0042358
Adams Apple Condominiums WWTP
Avery County
Dear Permittee:
The North Carolina Division of Water Resources conducted an inspection of the Adams Apple Condominiums
WWTP on August 17, 2017. This inspection was conducted to verify that the facility is operating in compliance
with the conditions and limitations specified in NPDES WW Permit No. NC0042358. A summary of the findings
and comments noted during the inspection are provided in the enclosed copy of the inspection report.
The Compliance Evaluation inspection was conducted by Division of Water Resources staff from the Asheville
Regional Office. The following violation(s) were noted during the inspection:
Inspection Area Description of Violation
Effluent Sampling The permit requires composite sampling but the ORC has only been tatting grab samples.
A Notice of Violation/Intent to Issue Civil Penalty is being issued for the noted violation of North Carolina General
Statute (G.S.) 143-215.1 and the facility's NPDES WW Permit. Pursuant to G.S. 143-215.6A, a civil penalty of
not more than twenty-five thousand dollars ($25,000.00) may be assessed against any person who violates or
fails to act in accordance with the terms, conditions, or requirements of any permit issued pursuant to G.S.
143-215.1.
If you wish to provide additional information regarding the noted violation, request technical assistance, or discuss
overall compliance please respond in writing within ten 10 business days after receipt of this Notice. A review of
your response will be considered along with any additional information provided. You will then be notified of any
State of Noah Carolina I Environmental Quality l Water Resources
2090 US.70 Highway,Swannanoa,NC 28778
828-2964500
civil penalties that may be assessed regarding the violations. If no response is received in this Office
within the 10-day period,a civil penalty assessment may be prepared.
Remedial actions should have already been taken to correct this problem and prevent further occurrences in the
future. The Division of Water Resources may pursue enforcement action for this and any additional violations of
State law. If the violations are of a continuing nature, not related to operation and/or maintenance problems, and
you anticipate remedial construction activities, then you may wish to consider applying for a Special Order by
Consent. -
Reminder: Pursuant to Permit Condition 6 in Section E, the Permittee is required to verbally notify the Regional
Office as soon as possible, not to exceed 24 hours, from first knowledge of any non-compliance at
the facility including limit violations, bypasses of, or failure of a treatment unit. A written report may
be required within 5 days if directed by Division staff. Prior notice should be given for anticipated or
potential problems due to planned maintenance activities, taking units off-line, etc.
If you should have any questions, please do not hesitate to contact Daniel Boss with the Water Quality
Regional Operations Section in the Asheville Regional Office at 626-296-4500.
Sincerely,
G. Landon Davidson, P.G., Regional Supervisor
Water Quality Regional Operations Section
Asheville Regional Office
Division of Water Resources, NCDEQ
Enclosed: Inspection Report
Cc: WQS Asheville Regional Office - Enforcement File
NPDES Compliance/Enforcement Unit- Enforcement File
G:\WR\WQ\Avery\Wastewater\Minors\Adams Apple Condo 42358\Violations®Enfarcements\NOV-NOI-2017-PC-0561.rtf
StateofNorth Carolina I Enviromnenfal Quality l Water Resources
2090 U.S.70 Highway,Swannanoa,NC 28778
828-296-4500
United Stales Envimninepal Protection Agency Form Approved
EPA Washington,U.C.20G50 o 204
oma Na.zo4o-0on
Water Compliance Inspection Report - Approval expires B-31-96-- -
Section A:National Data System Coding(i.e.,PCS)
Transaction Cade NPDES yrlmolday Inspection Type Inspector Fac Type
1 IN 1 2 I. 1 3. I NC004235B I11 12 17100117 17 18 d 19 1 s 201 Is
21111111111111111111111111111111111111111111 �6
Inspedlon Work Days. Facility Self-Monioring Evaluation Rating B1 OA ------Reservetl-
671 ...........
70I I_ 71 I u I 72 1 a, 1 731 I 174 75I I I I I I IBO
I Section B:Facility Data LJ I I
Name and Location of Facility Inspected(For industrial Users discharging W POND,also include Entry TimetData Permit Effective Date
POTW nani NPOES permit Number) 1145AM 17/08/17 12110101
Adams Apple Condominiums NNOrP
NO FM 105 Exit Time/Date Permit Expiration Data
Banner Elk NO 28604 123CPM 17108/17 17/09/30
Name(.)of Credo Representafrve(s)11-ithii.dAIPhon.and Fax Numbers) Other Family,Data
111
Denver Lee Eggk5/ORC/704-733-3142/
Name,Address of Responsible Of duanitlelPhone and Fax Number
Larry Lehning,t IDe Kelly Gl Gary NO 27511I1919-2194467/ Contacted
No
Section C:Areas Evaluated During Inspection(Check only those areas evaluated)
Permit 0 Flow Measurement Operations&Maintenance M Records/Reports
Self-Monitoring Program 0 Effluent/Receiving Waters
Section D:Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary)
(See attachment summary)
Names)and Signature(e)of lnspectorte) Agency/ORIca Phome and Fax Numbers Data
Timothy R Fox ARO WO11826-296,45o0/
Daniel J Boss AND WOl/828-296-46581
Sigri of Management D A Reviewer Agency/Ofhcedihone and Fax Numbers Data
EPA Form 3560-3(Rev 9-94)Previous edition.are obsolete.
Page# 1
i
NPOES ydino/day Inspection Type (Cunt.) d
31 NCO042358 I11 12 19IOBI1> 17 18 r
I LI
Section D:Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary)
I (Daniel Boss) conducted a Compliance Evaluation Inspection at Adam's Apple Condominiums
WNfrP on 8117/2017. Denver Eggers(ORC) and Tim Fox from DWR-ARO were also present for the
inspection. The plant appeared to be running fine at the time. In the past there have been some high
fecal coliform levels in the effluent samples, but Denver said that was because the chlorine tablets
would get stuck in the tubes and now he shakes the tubes to make sure the tablets are contacting the
effluent.
Since at least 2004 this permit has required composite sampling of the effluent for TSS, BOD, and
NH3. According to Denver that has never been done,only grab samples have been taken. Composite
sampling needs to begin as soon as possible.
There was no access to running water at the plant. Some water access is strongly recommended for
cleaning equipment,tools,tank walls,etc.
I
i
i
II
Page# 2
Pernik: NCO042358 Owner-Facility: Adams Apple Cordaminlums y P
Inspection Date: 06/172017 inspection Type: CDmpliance Evaluation
Permit Yes No NA NE
(If the present permit expires in 6 months or less). Has the permittee submitted a new 0 ❑ ❑ ❑
application?
Is the facility as described in the permit? 0 ❑ ❑ ❑
#Are there any special conditions for the permit? ❑ 0 ❑ ❑
Is access to the plant site restricted to the general public? 0 ❑ ❑ ❑
Is the inspector granted access to all areas for inspection? 0 ❑ ❑ ❑
Comment:
Operations S Maintenance Yes No NA NE
Is the plant generally clean with acceptable housekeeping? 0 ❑ ❑ ❑
Does the facility analyze process control parameters,for ex: MLSS, MCRT, Settleable E ❑ ❑ ❑
Solids, pH, DO, Sludge Judge,and other that are applicable?
Comment: Settleabilily was about 15%for the mixed liquor.
Bar Screens Yes No NA NE
Type of bar screen
a.Manual
b.Mechanical ❑
Are the bars adequately screening debris? 0 ❑ ❑ ❑
Is the screen free of excessive debris? 0 ❑ ❑ ❑
Is disposal of screening in Compliance? 0 ❑ ❑ ❑
Is the unit in good condition? 0 ❑ ❑ ❑
Comment:
Aeration Basins Yes No NA NE
Mode of operation Ext.Air
Type of aeration system Diffused
Is the basin free of dead spots? 0 ❑ ❑ ❑
Are surface aerators and mixers operational? ❑ ❑ 0 ❑
Are the diffusers operational? N ❑ ❑ ❑
Is the foam the proper color for the treatment process? N ❑ ❑ ❑
Does the foam cover less than 25%of the basin's surface? 0 ❑ ❑ ❑
Is the DO level acceptable? ❑ ❑ ❑
Is the DO level acceptable?f1.0 to 3.0 ni ❑ ❑ ❑ 0
Page# 3
Permit: NC0042358 Owner-Feeility: Adams Apple Condominiums wwTP
Inepecton Deb: 0811712017 Inspection Type: Compliance Evaluation
Aeration Basins Yes No NA NE
Comment
Secondary Clarifier Yes No NA NE
Is the clarifier free of black and odorous wastewater? 0 ❑ ❑ ❑
Is the site free of excessive buildup of solids in center well of circular clarifier? ❑ ❑ 0 ❑
Are weirs level? 0 ❑ ❑ ❑
Is the site free of weir blockage? 0 ❑ ❑ ❑
Is the site free of evidence of shod-circuiting? M ❑ ❑ ❑
Is scum removal adequate? 0 ❑ ❑ ❑
Is the site free of excessive floating sludge? 0 ❑ ❑ ❑
Is the drive unit operational? ❑ ❑ ■ ❑
Is the return rate acceptable(low turbulence)? 0 ❑ ❑ ❑
Is the overflow clear of excessive solids/pin floc? 0 ❑ ❑ ❑
l Is the sludge blanket level acceptable?(Approximately%of the sidewall depth) 0 ❑ ❑ ❑
I
Comment: Sludge blanket was about 1 foot.
Disinfection-Tablet Yes No NA NE
Are tablet chlorinators operational? 0 ❑ ❑ ❑
Are the tablets the proper size and type? 0 ❑ ❑ ❑
Number of tubes in use? 2
Is the level of chlorine residual acceptable? ❑ ❑ ❑
Is the contact chamber free of growth, or sludge buildup? ❑ ❑ ❑
Is there chlorine residual prior to de-chlorination? ❑ ❑ ❑
Comment:
Da-chlorination Yes No NA NE
Type of system? Tablet
Is the food ratio proportional to chlorine amount(1 to 1)? ❑ ❑ 0 ❑
Is storage appropriate for cylinders? ❑ ❑ 0 ❑
#Is de-chlorination substance stored away from chlorine containers? 0 ❑ ❑ ❑
Comment:
Are the tablets the proper size and type? M ❑ ❑ ❑
Are tablet de-chlorinators operational? 0 ❑ ❑ ❑
Page# 4
e Permit: NCO042358 Owner-Facility: Adams Apple Condominiums Wi
Inspection Date: 081912017 Inspection Type: Compliance Evaluation
De-chlorination Yes No NA NE
Number of tubes in use? 2
Comment
Effluent Sampling Yes No NA NE
Is composite sampling flow proportional? ❑ 0 ❑ ❑
Is sample collected below all treatment units? ❑ ❑ ❑
Is proper volume collected? ❑ ❑ ❑
Is the tubing clean? ❑ ❑ ❑ ■
#Is proper temperature set for sample storage(kept at less than or equal to 6.0 degrees ❑ ❑ 0 ❑
Celsius)?
Is the facility sampling performed as required by the permit(frequency,sampling type ❑ 0 ❑ ❑
representative)?
Comment: The permit requires composite sampling but the ORC has only been taking grab samples.
Effluent Pipe Yes No NA NE
Is right of way to the outfall properly maintained? 0 ❑ ❑ ❑
Are the receiving water free of foam other than trace amounts and other debris? 0 ❑ ❑ ❑
If effluent (diffuser pipes are required) are they operating properly? ❑ ❑ M ❑
Comment:
Page# 5
----—-------
so
� N-i
MN
Certified Mail # 7016 1370 000165717983
Return Receipt Reauested
August 18, 2017
Larry Lehning
Adams Apple Homeowners Association Inc
1208 Kelty Ct
Cary, NC 27511
SUBJECT: NOTICE OF VIOLATION &INTENT TO ASSESS CIVIL PENALTY
Tracking Number: NOV-2017-PC-0561
Permit No. NC0042358
Adams Apple Condominiums WWTP
Avery County
Dear Permittee:
The North Carolina Division of Water Resources conducted an inspection of the Adams Apple Condominiums
WWTP on August 17, 2017. This inspection was conducted to verify that the facility is operating in compliance
with the conditions and limitations specified in NPDES WW Permit No. NC0042358. A summary of the findings
and comments noted during the inspection are provided in the enclosed copy of the inspection report.
The Compliance Evaluation inspection was conducted by Division of Water Resources staff from the Asheville
Regional Office. The following violation(s) were noted during the inspection:
Inspection Area Description of Violation
Effluent Sampling The permit requires composite sampling but the ORC has only been taking grab samples.
A Notice of Violation/Intent to Issue Civil Penalty is being issued for the noted violation of North Carolina General
Statute (G.S.) 143-215.1 and the facility's NPDES WW Permit. Pursuant to G.S. 143-215.6A, a civil penalty of
not more than tw0yq -flve thousand dollars ($25,000.00) may be assessed against any person who violates or
.
fails to act in accordance with the terms, conditions, or requirements of any permit issued pursuant to G.S.
143-215.1.
If you wish to provide additional information regarding the noted violation, request technical assistance, or discuss
overall compliance please respond in writing within ten (10) business days after receipt of this Notice. A review of
your response will be considered along with any additional information provided. You will then be notified of any
"N
State ofNouth Carolina I Environmental Quality I Water Resources INTERM
2090 U.S.70 Highway,Swaroutwoo,NC 28778 1) Lj�
82&296-4500
it ..
civil penalties that may be assessed regarding the violations. If no response is received in this Office
it within the 10-day period,a civil penalty assessment may be prepared.
Remedial actions should have already been taken to correct this problem and prevent further occurrences in the
future. The Division of Water Resources may pursue enforcement action for this and any additional violations of
State law. If the violations are of a continuing nature, not related to operation and/or maintenance problems, and
you anticipate remedial construction activities, then you may wish to consider applying for a Special Order by
Consent.
Reminder: Pursuant to Permit Condition 6 in Section E, the Permittee is required to verbally notify the Regional
Office as soon as possible, not to exceed 24 hours, from first knowledge of any non-compliance at
the facility including limit violations, bypasses of, or failure of a treatment unit. A written report may
be required within 5 days if directed by Division staff. Prior notice should be given for anticipated or
potential problems due to planned maintenance activities, taking units off-line, etc.
If you should have any questions, please do not hesitate to contact Daniel Boss with the Water Quality
Regional Operations Section in the Asheville Regional Office at 828-296-4500.
Sincerely,
r - �C-
p�p G. Landon.Davidson, P.G., Regional Supervisor
S Water Quality Regional Operations Section
' Asheville Regional Office
hDivision of Water Resources, NCDEQ
f
j .
I
III
Enclosed: Inspection Report
Cc: Denver Eggers, ORC
WQS Asheville Regional Office - Enforcement File
NPDES Compliance/Enforcement Unit- Enforcement File
:l G:\WR\WQ\Avery\Wastewater\Minom\Adams Apple Condo 42358\Violations&Enformments\NOV-NOI-2017-PC-0561.Itf
j
StateofNorth Carolina I Environmental Quality l Water Resources
2090 U.S.70 Highway,Swannanoa,NC 28778
828-296-4500.
ROY COOPER
c R
NC MICHAEL S. REGAN
Sea.y
WarerResources S. JAY ZIMMERMAN
9NViROHMENTAL OWILRY - - OLxCIOr
May 23,2017 aivltiorn of Wat Res uuron
Adams Apple Howeowners Association MAY 2 5 2011
1208 Kelly Court
Cary,NC 27511
Water Quality Regional Operations
Subject: Perini Re °' a °la Mat
Qlo�----
Application No.NCO042358
Adams Apple Condomhriums W WTP
Avery County
Dear Permitee:
The Water Quality Permitting Section acknowledges receipt of your permit application and
supporting documentation received on May 19, 2017. The primary reviewer for this renewal
application is Brianna Young.
The primary reviewer will review your application, and she will contact you if additional
information is required to complete your permit renewal. Per G.S. 15OB-3 your current permit
does not expire until permit decision on the application is made. Continuation of the current permit
is contingent on timely and sufficient application for renewal of the current permit.
Please respond in a timely manner to requests for additional information necessary to
complete the permit application. If you have any additional questions concerning renewal of the
subject permit,please contact Brianna at 919-807-6388 or Brianna.Young@ncdcur.gov.
Sincerely,
Wren Thedford
Wastewater Branch
cc: Central Files
NPDES
Asheville Regional Office
Stale dllO C®Wioe I eawovmemal Q.9 I WaorResomaes
1617 Mail 8erew Center I Raleigh,None Cm o27699-1617
919-80M300
NC DENR/DWR/NPDES
Renewal Application Cheeklist
RECEIVED/NCDEQ/pwR
RED MAY 19 2017
The following items are'REOUIRED for all renewal packages: Water Quality
o A cover letter requesting renewal of the permit and documenting any changes at thefaerm 'tT AF&t' n
issuance of the last permit. Submit one signed original and two copies.
o The completed application form(copy attached),signed by the pernuttee or an Authorized
Representative. Submit one signed original and two copies.
o If an Authorized Representative (such as a consulting engineer or environmental consultant) prepares
the renewal package,written documentation must be provided showing the authority delegated to the
Authorized Representative (see Pan II.B.1l b of the existing NPDES permit).
o A narrative description of the sludge management plan for the facility. Describe how sludge (or other
solids) generated during wastewater treatment are handled and disposed. If your facility has no such
plan (or the permitted facility does not generate any solids),explain this in writing. Submit one signed
original and two copies.
The following items must be submitted by any Municipal or Industrial facilities dischaUg n
process wastewater.
o Industrial facilities classified as Primary Industries (see Appendices A-D to Title 40 of the Code of
Federal Regulations,Pan 122) and ALL Municipal facilities with a permitted flow>_ 1.0 MGD must
submit a Priority Pollutant Analysis (PPA) in accordance with 40 CFR Pan 122.21.
The above requirement does NOT apply to non-industrial facilities.
Send the completed renewal package to:
Wren Thedford
NC DENR/DWR/NPDES Unit
1617 Mail Service Center
Raleigh,NC 27699-1617
Water Quality Lab & Operations, Inc.
P.O. Box 116711522 Tynecastle Highway
Banner Elk, NC 28604
Ph. 828-898-6277 Fax 828-898-6255
May 3,2017
Wren Thedford
NCDENR/DWR/NPDES Unit
1617 Mail Service Center
Raleigh,NC 27699-1617
Re: Adams Apple W WTP Permit Renewal
Mr. Thedford:
Please find enclosed an application for the permit renewal for Adams Apple Homeowners
Association. All items on the checklist are included with the permit renewal.
If we can be of further assistance, please do not hesitate to contact us.
Sincerely,
'Jadd Brewer
Signatory Authority
NPDES APPLICATION - FORM D
For privately-owned treatment systems treating.100% domestic wastewaters <1.0 MGD
Mail the complete application to:
N. C. DENR / Division of Water Quality / NPDES Unit
1617 Mail Service Center, Raleigh, NC 27699-1617
NPDES Permit NC0042358
If you are completing this form in computer use the TAB key or the up — down arrows to move from one
field to the next. To check the boxes, click your mouse on top of the box. Otherwise,please print or type.
1. Contact Information:
Owner Name Adams Apple Homeowners Association
Facility Name Adams Apple Condominiums W WTP
Mailing Address 1208 Kelly Court
City Cary
State / Zip Code NC 27511
Telephone Number (919-219-4467)
Fax Number ( 1
e-mail Address msgdl@aol.com
2. Location of facility producing discharge:
Check here if same address as above ❑
Street Address or State Road Adams Apple Condominiums, NC Hwy 105
City Banner Elk
State / Zip Code NC 28604
County Avery
3. Operator Information:
Name of the firm, public organization or other entity that operates the facility. (Note that this is not
referring to the Operator in Responsible Charge or ORC)
Name Water Quality Lab and Operations
Mailing Address P.O. Box 1167
City Banner Elk
State / Zip Code NC 28604
Telephone Number 828-898-6277
Fax Number 828-898-6255
e-mail Address waterqualitylabsoyahoo.com
1 of 3 Form-D 11/12
NPDES APPLICATION - FORM D
For privately-owned treatment systems treating 100% domestic wastewaters <1.0 MGD
4. Description of wastewater:
Facility Generating Wastewater(check all that apply):
Industrial ❑ Number of Employees
Commercial ❑ Number of Employees
Residential E Number of Homes 25-30
School ❑ Number of Students/Staff
Other ❑ Explain:
Describe the source(s) of wastewater (example: subdivision, mobile home park, shopping centers,
restaurants, etc.):
Subdivision
Number of persons served: anx. 60
5. Type of collection system
E Separate (sanitary sewer only) ❑ Combined (storm sewer and sanitary sewer)
6. Outfall Information:
Number of separate discharge points 1
Outfall Identification number(s) 001
Is the outfall equipped with a diffuser? E Yes ❑ No
7. Name of receiving stream(s) (NEW applicants:Provide a map showing the exact location of each
outfall):
Watauga River
S. Frequency of Discharge: E Continuous ❑ Intermittent
If intermittent:
Days per week discharge occurs: Duration:
9. Describe the treatment system
List all installed components, including capacities,provide design removal for BOD, TSS, nitrogen and
phosphorus. If the space provided is not sufficient, attach the description of the treatment system in a
separate sheet of paper.
Manual bar screen, aeration basin with dual blowers providing diffused air, hoppered
rectangular clarifier with skimmer and sludge returns, tablet chlorinator, chlorine
contact chamber, tablet dechlorinator post aeration, concrete cascade, and Stevens 61R
strip chart flow meter with totalizer.
2 of 3 Form-D 11112
NPDES APPLICATION - FORM D
For privately-owned treatment systems treating 100% domestic wastewaters <1.0 MGD
10. Flow Information:
Treatment Plant Design flow 0.020 MOD
Annual Average daily flow 0.0030 MGD (for the previous 3 years)
Maximum daily flow 0.026 MGD (for the previous 3 years(
11. Is this facility located on Indian country?
❑ Yes ® No
12. Effluent Data
NEW APPLICANTS:Provide data for the parameters listed.Fecal Coliform, Temperature and pH shall be grab
samples,for all other parameters 24-hour composite sampling shall be used. If more than one analysis is reported,
report daily maximum and monthly average. If only one analysis is reported, report as daily maximum.
RENEWAL APPLICANTS: Provide the highest single reading(Daily Maximum)and Monthly Average over
the past 36 months for parameters curre i inour ermit. Mrk other parameters "N/A".
Parameter Daily Monthly Units of
Maximum Average Measurement
Biochemical Oxygen Demand (BODs) 21.1 11.1 mg/L
Fecal Coliform 6000 21 cut/100mL
Total Suspended Solids 42 30 mg/L
Temperature (Summer) 29 27 Degrees Celcius
Temperature (Winter) 17 12 Degrees Celcius
pH 8.4 7.5 s/u
13. List all permits, construction approvals and/or applications:
Type Permit Number Type Permit Number
Hazardous Waste (RCRA) NESHAPS (CAA)
UIC (SDWA) Ocean Dumping (MPRSA)
NPDES NCO042358 Dredge or fill(Section 404 or CWA)
PSD (CAA) Other
Non-attainment program (CAA)
14. APPLICANT CERTIFICATION
I certify that I am familiar with the information contained in the application and that to the
best of my knowledge and belief such information is true, complete, and accurate.
Jadd Brewer Signatory
Printed,yname of Person Signing Title
ignattire bf Applicant VlY Date
t,
North Carolina General Statute 143-215.6 (b)(2) states, Any person who knowingly makes any false statement representation, or certification in any
application, record, report, plan, or other document lies or required to be maintained under Article 21 or regulations of the Environmental Management
Commission implementing that Article, or who falsifies, tampers with, or knowingly renders Inaccurate any recording or monitoring device or method
required to be operated or maintained under Article 21 or regulations of the Environmental Management Commission implementing that Article,shall be
guilty of a misdemeanor punishable by a fine not to exceed$25,000,or by imprisonment not to exceed six months,or by both. (18 U.S.C.Section 1001
provides a punishment by a fine of not more than$25,000 or imprisonment not more than 5 years,or both,for a similar offense.)
3 of 3 Farmi I1112
Water Quality Lab & Operations, Inc.
P.O. Box 1167/ 1522 Tynecastle Highway
Banner Elk, NC 28604
Ph. 828-898-6277 Fax828-898-6255
ADAMS APPLE WWTP SLUDGE MANAGEMENT
Sludge is managed via a commercial hauler,Triple T located on 1372 NC Hwy 194
N, Boone,NC 28607.
Water Quality Lab & Operations, Inc.
P.O. Box 116711522 Tynecestle Highway
Banner Elk, NC 28604
Ph. 828-898-6277 Fax828-898.6255
I. [he undersigilyd, do hareby give my permission and gram my amhoniy as th¢
5s�fe-�'0.r V,Tf¢.a5ot f'R 1" of Adams Auhle Humentt nrry A esoci'rliult Iu J;tdd
Brener, Co- uncr'Operamr of Water Qu;dity Lab and Opcndions, Ise. to complete, sien
and submit the W'mte%calcr Permit Rettawal Application for Adams Annlc
Condominiums W'WTP lix 2017.
This is the 3_ day of,_M-61. , 2017,
Printed N:ane and Titic: t----G�(A� r-Q4�1C._Q L 2 1(, -_ �¢�Ys.�-R{^S//",r-Q�,,t!-pr
Siuunnre; �G��L(rL•C�C_`�-�-��'f'(,'tit' , l I
Water Quality Lab & Operations, Inc.
P.O. Box 1167/ 1522 Tynecastle Highway
Banner Elk, NC 28604
Ph. 828-898-6277 Fax828-898-6255
September 11, 2017
Mr. G. Landon Davidson, P.G.
Asheville Regional Office
2090 US Hwy 70
Swannanoa, NC 28778
Re: NOV-2017-PC-0561
Dear Mr. Davidson:
In response to the above Notice of Violation,which we did not receive a copy of until
August 30,2017 and are within the ten(10)business day response window from that
date, we are confirming that a composite sampler has been ordered for the Adams Apple
W WTP. The same will be installed after receipt of the composite sampler.
If I can be of further assistance,please do not hesitate to contact me.
Since y,
Jadd Brewer
Signatory Authority,Adams Apple W WTP
cc: WQS Asheville Regional Office—Enforcement File
NPDES Compliance/Enforcement Unit—Enforcement File
RkaCI: IVED
DlNslee of Watcr aesourcoe
8EP 13 2017
Water dudiv Regional Operations
- Mhevllla Fc.,9ional Of9ce
P
T,
—0;
Certified Mail # 7016 1370 000165717983
Return Receipt Requested
August 18, 2017
Larry Lehning
Adams Apple Homeowners Association Inc
1208 Kelty Ct
Cary, NC 27511
SUBJECT: NOTICE OF VIOLATION &INTENT TO ASSESS CIVIL PENALTY
Tracking Number: NOV-2017-PC-0561
Permit No. NCO042358
Adams Apple Condominiums WWTP
Avery County
Dear Permittee:
The North Carolina Division of Water Resources conducted an inspection of the Adams Apple Condominiums
WWTP on August 17, 2017. This inspection was conducted to verify that the facility is operating in compliance
with the conditions and limitations specified in NPDES WW Permit No. NC0042358. A summary of the findings
and comments noted during the inspection are provided in the enclosed copy of the inspection report.
The Compliance Evaluation inspection was conducted by Division of Water Resources staff from the Asheville
Regional Office. The following violation(s) were noted during the inspection:
Inspection Area Description of Violation
Effluent Sampling The permit requires composite sampling but the ORC has only been taking grab samples.
A Notice of Violation/Intent to Issue Civil Penalty is being issued for the noted violation of North Carolina General
Statute (G.S.) 143-215.1 and the facility's NPDES WW Permit. Pursuant to G.S. 143-215.6A, a civil penalty of
not more than twenty-five thousand dollars ($25,000.00) may be assessed against any person who violates or
fails to act in accordance with the terms, conditions, or requirements of any permit issued pursuant to G.S.
143-215.1.
If you wish to provide additional information regarding the noted violation, request technical assistance, or discuss
overall compliance please respond in writing within ten (10) business days after receipt of this Notice. A review of
your response will be considered along with any additional information provided. You will then be notified of any
State ofNoath Carolina [ Eaviconaractual Quality I Water Resources
2090 U.S.70 Highway,Sssantarroa,KC 28778
828-296-4500
i
civil penalties that may be assessed regarding the violations. If no response is received in this Office
within the 10-day period, a civil penalty assessment may be prepared.
Remedial actions should have already been taken to correct this problem and prevent further occurrences in the
future. The Division of Water Resources may pursue enforcement action for this and any additional violations of
'I State law. If the violations are of a continuing nature, not related to operation and/or maintenance problems,.and
you anticipate remedial construction activities, then you may wish to consider applying for a Special Order by
Consent.
Reminder: Pursuant to Permit Condition 6 in Section F. the Permittee is required.to verbally notify the.Regional
Office as soon as possible, not to exceed 24 hours, from first knowledge of any non-compliance at
the facility including limit violations, bypasses of, or failure of a treatment unit. A written report may
be required within 5 days if directed by Division staff. - Prior notice should be given for anticipated or
potential problems due to planned maintenance activities, taking units off-line, etc.
If you should have any questions, please do not hesitate to contact Daniel Boss with the Water Quality
Regional Operations Section in the Asheville Regional Office at 828-296-4500.
Sincerely,
G. Landon Davidson, P.G., Regional Supervisor
Water Quality Regional Operations Section
Asheville Regional Office
Division of Water Resources, NCDEQ
I
I
Enclosed: Inspection Report -
I
Cc: WQS Asheville Regional Office - Enforcement File
NPDES Compliance/Enforcement Unit - Enforcement File
G:\WR\WQ\Avery\Wastewater\Minom\Adams Apple Condo 42358\wola0ons&Enforcements\NOV-NOI-2017-PC-0661.rtf
State of North Carolina I Envhanmentel Qualityl Water Resources
2090 U.S.70 Highway,Swannavoa,NC 28778
828-296-4500
Unkid 3teW Emironmontel Prvtenlbn Agency Form Appwvad,
EPA Wachini D.C.20490 OMB No.20400067
' Water Compliance Inspection Report - Appmiexplraae-31-a6----
Section A:National Data System Coding(i.e.,PCS)
Trensection Code NPDES yrlmolday Inspection Type Inspects, Fee Type
1 I„ I 2 15 1 3. I N00042358 11 12 17/9e117 17 18.UC c 191 s I 201 I
211 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 H I I I I I I I I I I I I l l l 11 U l l l �s
Inspection Work Days. Facility Self-M Je ing Evaluallon Rating Bf O,A�
67I 1 70 1 I 71 u 72 LJ 731 I 174 75I I I I I l80
I—,—J LJ Section B:Facility Data I I
Name antl Location of Facility Inspected(For Industrial Users discharging to POTW,also include Entry Time/Date Permit Effective Date
POTW name and NPDES permit Number) 11:45AM 17108117 12/101D1
Adams Apple CcnEominiuma WWTP
NO Hwy 105 Exit TimelOare Permit Expiration Data
Banner Elk NO 28604 12:30PM 17/08/17 17109/30
Name(.)of Onsire Repres.,selve(s)mges(s lPhone and Fax Number(.) Other Facility Data
m
Denver Use Eggere ORCR04-733-31421
Name,Address of Responsible OffidaVTfga/Phone and F.Number
Let, Lehnln0,120a Kelty Ct Cary NC27 511//91 9-21 9-04 6 7/ Contacted
No
Section C Areas Evaluated During Inspection(Check only those areas evaluated)
Permit E Flow Measurement Operations&Maintenance E Recortlaparports
Self-Monitoring Progrem N EfOuen/Receiving Waters
Section D:Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary)
(See attachment summary)
Names)and Slgnaturea)of lnspeoto4s) AganrylORrcuaPhona antl Fee Numbers Data
Timothy R Fox ARO WQ11929-296-4500/
Daniel J Boss ARO W011628-296-4656/
Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Data
EPA Form 3560-3(Rev 9-94)Previous editions are obsolete
Pal 1
NPDES yrlmoldey Inspection Type 1
(Cont.)
31 NCO042358 I11 12 2 a, 17 18 I n 1
Section n:Summary of Finding/Gomments(Attach additional sheetof narrative and checklists as necessary)
I(Daniel Boss) conducted a Compliance Evaluation Inspection at Adam's Apple Condominiums
WWiP on B/17/2017. Denver Eggers(ORC) and Tim Fox from DWR-ARO were also present for the
inspection.. The plant appeared to be running fine at the time, in the past there have been some high
fecal coliform levels in the effluent samples, but Denver said that was because the chlorine tablets
would get stuck in the tubes and now he shakes the tubes to make sure the tablets are contacting the
Since at least 2004 this permit has required composite sampling of the effluent for TSS, BOD,and
NH3. According to Denver that has never been done, only grab samples have been taken. Composite
sampling needs to begin as soon as possible.
There was no access to running water at the plant. Some water access is strongly recommended for
cleaning equipment,tools,tank walls,etc.
Page# 2
-permit: N00042358 Owner-Facility: Adams Apple Contloml0lums WWrP
Inspectiopli 08117/2017 Inspection Type: Compliance Evaluation
Permit Yes No NA NE
(If the present permit expires in 6 months or less). Heaths permittee submitted anew N ❑ ❑ ❑
application?
Is the facility as described in the permit? ® ❑ ❑ ❑
#Are there any special conditions for the permit? ❑ E ❑ ❑
Is access to the plant site restricted to the general public? 0 ❑ ❑ ❑
Is the inspector granted access to all areas for inspection? 0 ❑ ❑ ❑
Comment:
Operations& Maintenance Yes No NA NE
Is the plant generally clean with acceptable housekeeping? 0 ❑ ❑ ❑
Does the facility analyze process Control parameters,for ex:MLSS,MCRT,Settleable ❑ ❑ ❑
Solids,pH, DO,Sludge Judge, and other that are applicable?
Comment: Settleability was about 15%for the mixed liquor.
Bar Screens Yes No NA NE
Type of bar screen
a.Manual
b.Mechanical ❑
Are the bars adequately screening debris? N ❑ ❑ ❑
Is the screen free of excessive debris? 0 ❑ ❑ ❑
Is disposal of screening in compliance? 0 ❑ ❑ ❑
Is the unit in good condition? ■ ❑ ❑ ❑
Comment:
.Aeration Basins Yes No NA NE
Mode of operation Ext.Air
Type of aeration system Diffused
Is the basin free of dead spots? 0 ❑ ❑ ❑
Are surface aerators and mixers operational? ❑ ❑ 0 ❑
Are the diffusers operational? ■ ❑ ❑ ❑
Is the foam the proper color for the treatment process? N ❑ ❑ ❑
Does the foam cover less than 25%of the basin's surface? 0 ❑ ❑ ❑
Is the DO level acceptable? ❑ ❑ ❑
Is the DO level acceptable?(1.0 to 3.0 mg/I) ❑ ❑ ❑ M
Page# 3
Perm@ NG0042358 Owner-Facility: Adams Apple Condominiums WVVIT
Inspection Date: 08/912017 Inspectlonrpe: Compliance Evaluation
Aeration Basins Yes No NA NE
Comment:
Secondary Clarifier Yes No NA NE
Is the clarifier free of black and odorous wastewater? M ❑ ❑ ❑
Is the site free of excessive buildup of solids in center well of circular clarifier? ❑ ❑ M ❑
Are weirs level? 0 ❑ ❑ ❑
Is the site free of weir blockage? 0 ❑ ❑ ❑
Is the site free of evidence of short-circuiting? 0 ❑ ❑ ❑
Is scum removal adequate? 0 ❑ ❑ ❑
Is the site free of excessive Floating sludge? 0 ❑ ❑ ❑Is the drive unit operational? - ❑ ❑ ■ ❑
Is the return rate acceptable(low turbulence)? 0 ❑ ❑ ❑
Is the overflow clear of excessive solids/pin floc? M. ❑ ❑ ❑
Is the sludge blanket level acceptable?(Approximately^/.of the sidewell depth) M ❑ ❑ ❑
Comment: Sludge blanket was about 1 foot
I
Disinfection-Tablet Yes No NA NE
Are tablet chlorinators operational? 0 ❑ ❑ ❑
Are the tablets the proper size and type? M ❑ ❑ ❑
Number of tubes in use? - 2
Is the level of chlorine residual acceptable? ❑ ❑ ❑ M
Is the contact chamber free of growth,or sludge buildup? ❑ ❑ ❑
Is there chlorine residual prior to de-chlorination? ❑ ❑ ❑ 0
Comment: -
De-chlorination Yes No NA NE
Type of system? Tablet
Is the feed ratio proportional to chlorine amount(1 to 1)? ❑ Q 0 ❑
Is storage appropriate for cylinders? _ ❑ ❑ 0 ❑
#Is de-chlorination substance stored away from chlorine containers? M ❑ ❑ ❑
Comment:
Are the tablets the proper size and type? M ❑ ❑ ❑
Are tablet de-chlorinators operational? 0 ❑ ❑ ❑
Page# 4
Permit: N00042358 owner.Facility: Adams Apple Condominiums Wh'M
Inspection Date: 0 8/1 70 017 Inspectlon Type: Compliance Evelueliai
De-chlorination Yes No NA NE
Number of tubes in use? - g
Comment:
Effluent Sampling Yes No NA NE
Is composite sampling flow proportional? ❑ 0 ❑ ❑
Is sample collected below all treatment units? ❑ ❑ ❑
Is proper volume collected? ❑ ❑ ❑
Is the tubing clean? ❑ ❑ ❑
#Is proper temperature set for sample storage(kept at less than or equal to 6.0 degrees ❑ ❑ 0 ❑
Celsius)?
Is the facility sampling performed as required by the permit(frequency,sampling type ❑ M ❑ ❑
representative)?
Comment: The permit requires composite sampling but the ORC has only been taking grab samples
Effluent Pipe Yes No NA NE
Is right of way to the outfall properly maintained? 0 ❑ ❑ ❑
Are the receiving water free of foam other than trace amounts and other debris? 0 ❑ ❑ ❑
If effluent (diffuser pipes are required) are they operating properly? ❑ ❑ 0 ❑
Comment:
Page* 5
?j?clbj'AL,t�1i��57 41i$ 4FAR�'f
FNy�t' midi`q�'�ry� >Sz 7tk�`31MA3�.+ri;+31h-S�,' ".
Certified Mail # 7014 0510 0000 4466 4217
Return Receipt Renuested
November 1, 2016
Larry Lehning
Adams Apple Homeowners Association Inc
1208 Kelty Ct
Cary, NC 27511
SUBJECT: NOTICE OF VIOLATION
Tracking Number: NOV-2016-LM-0064
Permit No. NCO042358
Adams Apple Condominiums WWTP
Avery County
Dear Permittee:
A review of the July 2016 Discharge Monitoring Report (DMR) for the subject facility revealed the violation(s)
indicated below:
Limit Exceedance Violation(s):
Sample Limit Reported
Location Parameter Date Value Value Type of Violation
001 Effluent Coliform, Fecal MF, MFC Broth, 7/26/2016 400 3,900 Daily Maximum Exceeded
44.5 C (31616)
Monitoring Violation(s):
Sample Monitoring
Location Parameter Date Frequency Type of Violation
001 Effluent Temperature, Water Deg. 7/2/2016 5 X week Frequency Violation
Centigrade(00010)
StateofNcrth Carolina I Environmental Quality l Water Resources
/�� 2090 U.S.70 Highway,Swannanoa,NC 28778
49 / 828-296-4500
�i Please refer to the latest letter titled"Electronic Reporting Requirements"dated March 31 2016 concerning
registering to use the Division's new e-DMR system for the completion and electronic submittal of monthly
Discharge Monitoring Reports (DMRs).
Your facility will be required to report your Discharge Monitoring Reports electronically by December 21, 2016.
For more information, please visit the eDMR Website at the following address:
htti)://portal.ncden r.org/web/wq/ad m i n/bog/i pu/edm r.
Remedial actions, if not already implemented, should be taken to correct any noted problems. The Division of
Water Resources may pursue enforcement actions for this and any additional violations.
If you have any questions concerning this matter, please contact Janet Cantwell of the Asheville Regional
Office at 828-296-4500.
Sincerely,
�`jJ��''
G. Landon Davidson, P.G., Re l-Supervisor
Water Quality Regional Operations Section
Asheville Regional Office
Division of Water Resources, NCDEQ
�i Cc: WQS Asheville Regional Office - Enforcement File
',. NPDES Compliance/Enforcement Unit - Enforcement File
WQ Lab &Operations/ ORC
I
G:\W0.\WQ�Avery\WasrewarerUllnonptlams Apple COMo 4B59�CV 2016W 0064,rtf
4�f
Certified Mail # 7015 1520 0003 5463 0318
Return Receipt Requested
October 24,.2016
Larry Lehning
Adams Apple Homeowners Association Inc
1208 Kelty Ct
Cary, NC 27511
SUBJECT: NOTICE OF VIOLATION
Tracking Number: NOV-2016-MV-0120
Permit No. NCO042358
Adams Apple Condominiums WWTP
Avery County
Dear Permittee:
A review of the Tune 2016 Discharge Monitoring Report (DMR) for the subject facility revealed the violation(s)
indicated below:
Monitoring Violation(s):
Sample Monitoring
Location Parameter Date Frequency Type of Violation
001 Effluent pH (00400) 6/4/2016 Weekly Frequency Violation
001 Effluent Temperature, Water Deg, 6/4/2016 5 X week Frequency Violation
Centigrade(00010)
001 Effluent Temperature, Water Deg. 6/11/2016 5 X week Frequency Violation
Centigrade(00010)
001 Effluent Temperature,Water Deg, 6/18/2016 5 X week Frequency Violation
Centigrade (00010)
001 Effluent Temperature,Water Deg. 6/25/2016 5 X week Frequency Violation
Centigrade (00010)
If the above parameters were left off inadvertently, please send amended DMRS within 10 business days of receipt
of this letter to Raleigh at the address found on the front page of your DMR and also a copy to this office.
State of North Carolina I Environmental Quality l Water Resources
^ 2090 U.S.70 Highway,Swaanaaoa,NC 28778
—1:—(•� 828-296-4500
Please refer to the latest letter titled "Electronic Reporting Requirements"dated March 31, 2016, concerning
reaisterina to use the Division's new a-DMR system for the completion and electronic submittal of monthly
Discharge Monitoring Reports (DMRs) -
Your facility will be required to report your Discharge Monitoring Reports electronically by December 21, 2016.
For more information,please visit the eDMR Website at the following address:
htti)://Portal.ncdenr.org/web/wa/admin/bog/ii)u/edmr.
Remedial actions, if not already implemented, should be taken to correct any noted problems. The Division of
Water Resources may pursue enforcement actions for this and any additional violations.
If you have any questions concerning this matter, please contact Janet Cantwell of the Asheville Regional
Office at 828-296-4500. -
Sincerely,
G. Landon Davidson, P.G�R giona S'pervisor
Water Quality Regional Operations Section
Asheville Regional Office
Division of Water Resources, NCDEQ
Cc: WQS Asheville Regional Office - Enforcement File
NPDES Compliance/Enforcement Unit- Enforcement File
WQ Lab &Operations/ ORC
G:\WR\WQ\Avely\Wastewa@z\MlnoYs\A4amz APIIe Condo 4BSB8 NM-2016 MV-0120 Rf
Water Pollution Control System Operator Designation Form
WPCSOCC
NCAC 15A 8G.0201
Permittee Owner/Officer Name: JADO ,Bpn2Ep 65 5T/C712CLS.�_
),tailing Address: E 0. ROX 1 I(a
City: &NIVEIZ �J_K State: Nc Zip:_Z_$.(eQ_ .- Phone#: $ZS-Z� n— n � s�
Email address: )A ODRRF(At[> B trFTMRZG/oM / WrF7E(71t 1RL2n(/ ave �
Signature:
Date:
.................. ......... ........... 1 .��
:
........................................................
Facility Name: AbAMC, hp-A F Permit#: A!Cp(�y245sY
County: A\)E N
........................................................................................ .. .............................................................
SUBMIT A SEPARATE FOR\I FOR EACH TYPE SYSTEDI!
Facility Type/Grade (CHECK ONLY ONE):
Biological Collection Physical/Chemical Surface Irrigation Land Application
...................................................................................................................................................
Operator in Responsible Charge PORE)
Print Full Name: DFIJVFg-- c1gerL5 Email: WA7 RO L f}. OM
Certificate Type/Grade/Number: 21- L10,94.0 Work Phone#: LI T- / - t)2!7
Signature: Dater
-I. wlx that It 'ec t tut .. ratio t � Ih Up a tr in Rpe ii iblo C har�e tar the Nulitc nmed. I understand and trill abide by the ndes
and t rtiut:p rminin n the erye it ilu sal th.ORC r et Forth ill 15A NCAC OSG.O'_OJ and(uida,to Ao.o.1n result in Disciplinary
Act n 1 .h \4oterPollw un Canlr 11s1.m Oper.nr'C-rt. on Ctmmislon.". .....................................................................................................................................................
Back-Up Operator in Responsible Charge (BU ORC)
Print Full Name: JAN 1�5?-GuoF1Z. Email: 6frFDp fill (,J F, QD/v KGYund% �
M
Certificate Type/Grade/Number: ID2ntn Work Phone#: gig -26L -ZMc)
��G
Signature:
Date:. �J4'1
"I cutifc thn Iirr o S m nation t t B t 6 up 01 rtt m Respm,.ibl Chava tm-the Etal ry nmad, u ulcntand and ill ohide by the
iulc nd i.eulahonsp tt iani till i.111111 diu�sotth.BUORCns:at tnuh nIxA NCAC OSG.U20o and Wiling to do.vo con rasultin Disci ling Actium bythc Waty'Pullution Control System OperSmrs Ccrtitieation C'ommissian:'
......P...:Y
..............................................................................
....leig .......27699-16.....Fax:.91 ......2726...
,Nail,%¢r m-rnmi!!Ge w'PCSOCC, 1618 Stall Service CenMr, Rah,SC 27699-16IR Faz: 9I9.715.2726 nri%lnnIto: Email:certadmin02ncd 0
Mail m fax a eM to the Asheville Fayetteville Mooresville Raleigh
appropr artc R^ghood(Si ?I)90 US hhvy 70 225 Gann St
S vannwtoo 28778 610 P Cemcr Ave 3800 Barrett Dr
Suite Slow 301
Divriri of V.'a4sr;lesourcea
r RAef h2 tF�x:828.299.7043 Fa `0eville-8301-50J3 Mooesville 28115 Fax: 9.571. 718
JPonr.828.296.4510 Fax:910.486,0707 Fax:704.663.6040 Phnne:919.791.42
00
I Phone:910,433.3300 Phone: 704.663.1699
APR 6 2016
w�shiagton R'ilmington waxton-
9J Waehing M ton SS oll 127 Cardinal Dr Solem
4>II W. ,-Saes Ma11 Rd
Weter Ot I1x'�^'linnnl0oerotlons Wmhinyton 27889 Wilmington 28405-2845 Wins'mn-Snlcm 27105
__.Eo� 252.946.9215 Fax:910.350.2004 Fax:336.776.9797
Phan.:252.946.6481 Phone: 910.796,7215 Phone:336.776.9800
Revised 05-2015
if'PCSOCC Operator Designation Foraa, cwu.
Facility Name: _Afar' R r Permit#: h1G pn[ro2 g
.................................................................................................................................................
Back-Up Operator in Responsible Charge(BU ORC)
Print Full Name: PAw.- a6ew I'frh12 Email: 1�fWL 7�Fei}1r7t)tG��}^^k [ ors
Certificate Type/Grade/Number: $ q Lf Work Phone
#:
Signature: Date:_
-1 art 1 that I auc a d _ilnul<n al a BiA-lop OI. ra r in Rcapo ttbl Cha be f..doe tauhty noted.I loa&rstand and will.bide by tha
rallis and r yulat"'i too to the rcsPonsibililloil oftle BU ORC as let Iortlt in ISA NCAC NO 031b an 1 tailing to do,o um ,,,It is
DiSliplillari Aumn h' thel1'an+r Pollution Control S)Sleal Opemmrs Cutiticelion clan. Aias."
...........................................................................................................................................
Back-Up Operator in Responsible Charge(BU ORC)
Print Full Name: ('.lfZlg'F-rRAI rilDnl7� VEmail: WA7�TZ6U 2,S� VA F4�.clo)�
Certificate Type/Grade/Number: '"f!' /�Dz)L�O Work Phone#: 70
Signnmre: � Dn[e: 2-N
"I oila IiPo that a•iec la in; deugna[mn t 'back-upOI iatatin Resporible Ch¢gcforthetacitityaotcd. I londersaa'dand wdI ubidabythe
rule lath alatio 11 Pcdmniag to thei ,artabdaies of th Bt,'ORC as. Itrth in 15A NCAC 08G.0205 ad tailing to do,o can result is Di,eiplinary Actions by the Water Pullmion Control System Opemtora Certification Commission:'
..................................................................................................................................................
Back-Up Operator in Responsible Charge (BU ORC)
Print Full Name: 396N11O+N_f�i1(�(�.F�_ Email:
Al
Certificate Typz/Grade'Nuuaber 77— 2, Work P home#: 9ZS-2P o-`s31
Sim ature: e.IL Date: 16'216-
I emit it'll I a mac w m d :dentition a n li up Op rn in I'll-Ito un.'ibl Char tia'l tacile,noted. I tut I lr.mad and will abide by the
ndu t'I r y'1-¢ions p rt dame m the r sp nuibilaiu of th e BU ORC as et hold, in A]J NCAC 08G 0?05 a'd lading m do sd cull result in Disnplmun Actions b� the hater Pi dwimt Control System Operators C'ertilkatiun Commission:'
....................................................................... ...............................................................................
Back-Up Operator in Responsible Charge(BU ORC)
Print Full Name: Email:
Certificate Typ rade/Number, Work Phone#:
Signature: - �0,e /'�/ Date: -3
,--
'I genii Ih tl I iliac m m} dntgntnmt t t Back-up Op r n x in Rcspunsibl Charge for the facility noted.I loadmsland y the
d will chide b adea and regal lions pertaining to'lie c pnud duties of the BU ORC oille' b rth in 15A N an
CAC 08G A20>and failing to do so curt rde i n
Disciplinary Action by the Water P011adOa Control System Operators C'ertifieation C'ammissinn:'
Certified Mail # 7012 1010 0002 1965 6324
Return Receipt Reauested -
June 21, 2016
Larry Lehning
Adams Apple Homeowners Association Inc
1208 Kelty Ct -
Cary, NC 27511
SUBJECT: NOTICE OF VIOLATION
Tracking Number: NOV-2016-LV-0360
Permit No. NCO042358
Adams Apple Condominiums WWTP
Avery County
Dear Permittee:
A review of the February 2016 Discharge Monitoring Report (DMR) for the subject facility revealed the
violation(s) indicated below:
Limit Exceedance Violationfsl:
Sample Limit Reported
Location Parameter Date Value Value Type of Violation
001 Effluent Coliform, Fecal MF, M-FC 2/11/2016 400 2,500 Daily Maximum Exceeded
Broth,44.5C(31616)
Remedial actions, if not already implemented, should be taken to correct any noted problems. The Division of
Water Resources may pursue enforcement actions for this and any additional violations.
Please refer to the latest letter titled "Electronic Reporting Requirements"dated March 31, 2016, concerning
registering to use the Division's new a-DMR system for the completion and electronic submittal of monthly
Discharge Monitoring Reports (DMRs).
Your facility will be required to report your Discharge Monitoring Reports electronically December 21 2016
�y StateofNWhCarolina I environmental Qualityl Water Rnomea
(/Gl 2090 U.S.70 Highway,Swannanoa,NC 28778
828-296-4500
If you have any questions concerning this matter, please contact Janet Cantwell of the Asheville Regional
Office at 828-296-4500.
Sincerely,
I
G. Landon Davidson, P.G., Regional Supervisor
Water Quality Regional Operations Section
Asheville Regional Office
Division of Water Resources, NCDEQ
Cc: WQS Asheville Regional Office - Enforcement File
NPDES Compliance/Enforcement Unit - Enforcement File
WQ Lab &Operations/ ORC
G:\WR\MQPuny\Wa4wat \M rSs Adams Npplp Cn o42358\NW-2016 LV03W rtf
FILE
1'.A-'T'KC'0 1Rl
D'O;DjYA" R,VAX D"ER%4AR.T.
it`AMr'$h�Grc y
E(!'YIflbNHfNT%i GkA64,'('4 s. ,rt1��FI�1�E���
Certified Mail # 7012 1010 00021965 5174
Return Receipt Requested
April 27, 2016
Larry Lehning
Adams Apple Homeowners Association Inc
1208 Kelty Ct
Cary, NC 27511
SUBJECT: NOTICE OF VIOLATION
Tracking Number: NOV-2016-MV-0063
Permit No. NCO042358
Adams Apple Condominiums WWTP
Avery County
DearPermittee:
A review of the December 2015 Discharge Monitoring Report (DMR) for the subject facility revealed the
violation(s) indicated below:
Monitoring Violationfsl:
Sample Monitoring
Location Parameter Date Frequency Type of Violation
001 Effluent Temperature, Water Deg. 12/5/2015 5 X week Frequency Violation
Centigrade(00010)
001 Effluent Temperature, Water Deg. 12/12/2015 5 X week Frequency Violation
Centigrade(00010)
001 Effluent Temperature, Water Deg. 12/19/2015 5 X week Frequency Violation
Centigrade(00010)
001 Effluent Temperature, Water Deg. 12/26/2015 5 X week Frequency Violation
Centigrade(00010)
If the above parameter was left off inadvertently, please send amended DMRs within 10 business days of receipt of
this letter to Raleigh at the address found on the front page of your DMR and also a copy to this office.
State of North Carolina I Environmental Quality l water Resources
2090 H.S.7D Highway,Swanamoa,NC 28778
^ 828-296-4500
Remedial actions, if not already implemented, should be taken to correct any noted problems. The Division of
Water Resources may pursue enforcement actions for this and any additional violations. -
If you have any questions concerning this matter, please contact Janet Cantwell of the Asheville Regional
Office at 828-296-4500.
Sincerely,
G. Landon Davidson, P.G., Regional Supe isor
Water Quality Regional Operations Section
Asheville Regional Office -
Division of Water Resources, NCDEQ
Cc: WQS Asheville Regional Office - Enforcement file
NPDES Compliance/Enforcement Unit- Enforcement File
WQ Lab &Operations/ ORC
I
cgwa\wpWrerv\wasmvarer\nrnw.cWams A0.C.tiv 2353\N IM6 MR00631U
FILL
7
PA:T MCC&6R){
Corrrba.-
DSkNA�,D A. V14N:.D�k'V.ik.P�t1`
Wpprhl��ugprceS N
¢gvtrt's7t�tetT ai @tEdcvtV S. rR$'7rTkv{KS�lfli�RAf.. t
Certified Mail # 7012 1010 0002 1965 5143
Return Receipt Requested J
.April 27, 2016
Larry Lehning
Adams Apple Homeowners Association Inc
1208 Kelty Ct
Cary, NC 27511
SUBJECT: NOTICE OF VIOLATION
Tracking Number: NOV-2016-MV-0061
Permit No. NCO042358
Adams Apple Condominiums WWTP
Avery County
Dear Permittee:
i
'A review of the November 2015 Discharge Monitoring Report (DMR) for the subject facility revealed the
violation(s).indicated below:
i
Monitoring Violation(s):
Sample Monitoring
Location. Parameter .Date Frequency Type of Violation j
001 Effluent Temperature,Water Deg. 11/7/2015 5X week Frequency Violation i
Centigrade (00010)
001 Effluent Temperature, Water Deg. 11/14/2015 5 X week Frequency Violation
Centigrade(00010)
001 Effluent Temperature, Water Deg. 11/21/2015 5 X week Frequency Violation
Centigrade(00010)
I
001 Effluent Temperature, Water Deg. 11/28/2015 5 X week Frequency Violation
Centigrade (00010)
5
If the above parameter was left off inadvertently, please send amended DMRs within 10 business days of receipt of
this letter to Raleigh at the address found on the front page of your DMR and also a copy to this office.
)
a
1
StateoMorth Carolina I Environmental Quality l water Resources
2090 U.S.70 Highway,S.sou oa,NC 28778
828-2964500
6 • -
Remedial actions, if not already implemented, should be to correct any noted problems. The Division of
Water Resources may pursue enforcement actions for this and any additional violations.
If you have any questions concerning this matter, please contact Janet Cantwell of the Asheville Regional
Office at 828-296-4500. -
Sincerely,
G. Landon Davidson, P.G., Regional Supervisor
- Water Quality Regional Operations Section
Asheville Regional Office
Division of Water Resources, NCDEQ
Cc: WQS Asheville Regional Office - Enforcement File
NPDESCompliance/Enforcement Unit- Enforcement File
WQ Lab &Operations/ORC
it
G:\WR\WQ\gvery\WasCewalw\Minms\Adems Apple Um.41358\NW-2016 MV 0061, f .
n
FILMt^del PAT K9e( -wz
lSQM`A2D E.VAN`Ik$� V,gA1tT
�' 'Secnrmi
tYu fic�gNn're4 i
RN9194t'ra`db'R4atm -.S. J. Y.T11p$A�lF-RlvlhfiT
.Certified Mail # Z012 1010 0002 1965 5068 -
Return Receipt Requested
i
April 19, 2016
i
I
Larry Lehning
Adams Apple Homeowners Association Inc
1208 Kelty Ct
Cary, NC 27511 -
'j
J
a
SUBJECT: NOTICE OF VIOLATION
Tracking Number: NOV-2016-MV-0056
Permit No. NCO042358 ?
Adams Apple Condominiums WWTP
Avery County
.Dear Permittee: -
A revjew of the October 2015 Discharge Monitoring Report (DMR) for the subject facility revealed the violation(s) .
indicated below: -
gY
Monitoring Violation(s): {
Sample Monitoring
Location Parameter - Date Frequency Type of Violation
001 Effluent BOD, 5-Day(20 Deg. C) - 10/3/2015 Weekly Frequency Violation
Concentration (00310)
001 Effluent Coliform, Fecal MF, M-FC 1O/3/2015 Weekly Frequency Violation
Broth,44.5C(31616) - `
001 Effluent Nitrogen, Ammonia Total (as N) - 10/3/2015 Weekly Frequency Violation
Concentration(C0610)
001 Effluent Solids,Total Suspended - 10/3/2015 Weekly Frequency Violation
Concentration (CO530) {:
l
StateofNorth Carolina I Environmental Quality l Water Resources
2090 U.S.70 Highway,Swannanoa,NC 28778
928-296-4500
If the above parameters were left off inadvertently, please send amended DMRs within 10 business days of receipt
of this letter to Raleigh at the address found on the front page of your DMR and also a copy to this office. _
Remedial actions, if not already implemented, should be taken to correct any noted problems. The Division of
Water Resources may pursue enforcement actions for this and any additional violations.
If you have any questions concerning this matter, please contact Janet Cantwell of the Asheville Regional
Office at 828-296-4500..
Sincerely, _
.-. �....
G. Landon Davidson, P.G., Regional Supervisor
Water Quality Regional Operations Section
Asheville Regional Office
Division of Water Resources, NCDEQ
Cc: WQS Asheville Regional Office - Enforcement File
-NPDES Compliance/Enforcement Unit- Enforcement File
WQ Lab&Operations/ ORC
l
c\wa\WpN.rerv\wmcewatenMmprsUaem.Apple coma 4M%NOVQ016M MEW -
1
1
MEOW
North Carolina Department of Environment and Natural Resources
Pat McCrory Donald R.van der Vaart
Governor Secretary
June 5, 2015
Mr. Larry Lehning
Adams Apple Homeowners Association Inc.
1208 Kelly Court
Cary, North Carolina 27511
Subject: NOTICE OF DEFICIENCY
NOD-2016-MV-0085
Permit No. NCO042358
Adams Apple Condominiums WWTP
Avery County
Dear Mr. Lehning:
A review of Adams Apple Condominiums W WTP's.monitoring report for January 2016 showed the
following violation:
Parameter Date Measuring Frequency Violation
Flow 01/31/2015 Continuous Failure to Monitor
It was also noted that the Compliance box on the back of the DMR was marked "Compliant"when in
fact it should have been marked "Non-Compliant"with an explanation for the non-compliance. If the above
parameter was left off inadvertently,please send an amended DMR within 10 business days of receipt
of this letter to Raleigh at the address found on the front page of your DMR and also a copy to this
office.
Remedial actions should be taken to correct this problem. The Division of Water Resources may
pursue enforcement action for this and any additional violations of State law. If you should have any
questions, please do not hesitate to contact Janet Cantwell or me at 828/296.4600.
Sincerely,
G. Lan on D idson, P.G., Regional Supervisor
Water�ual' Regional Operations, NCDENR
Ashev egional Office
`cc: WQ Asheville Files
MSC 1617-Central Files-Basement
WQ Lab& Operations/ORC
\WRIW Nee \ e sNdcmisAccle,Corclo J215MNQD 2016-W0085tl
Water Quality Regional Oparetiona—Aeheville Regional Office
2090 U.S.Highway 70,Swannanoa,North Carolina 28778
Phone: (828)298-0500 Fax: (828)299-7040
Intemet hdpalp0dal.nodencor9lweblwq
An Equal Opportunityl Affirmative Action Employer
NCDENR ... ,
North Carolina Department of Environment and Natural Resources
nl ,
Pat McCrory Donald R.van der Wart
Governor Secretary
June 8, 2015
Mr. Larry Lehning
Adams Apple Homeowners Association Inc.
1208 Kelty Court
Cary, North Carolina 27511
Subject: NOTICE OF VIOLATION
NOV-2015-LV-0351
Permit No. NCO042358
Adams Apple Condominiums WWTP
Avery County
Dear Mr. Lehning:
A review of Adams Apple Condominiums W WTP's monitoring report for March 2016 showed the -
following violation:
Parameter Date Limit Value Reported Value Limit Type
Coliform, Fecal MF, M- 03/03/2015 400.0#/ 100m1 6,000.0#/ 100m1 Daily Maximum
FC Broth,44.,E Exceeded
Remedial actions, if not already implemented, should be taken to correct any problem. Since the
comments section on the reverse of the relevant DMR provided an adequate explanation for the subject
violation, it is not requested that response be submitted.
The Division of Water Resources may pursue enforcement action forthis and any additional violations
of State law. If you should have any questions, please do not hesitate to contact Janet Cantwell or me
at 8281296.4500.
Sincer
Foy
G. Lando D idson, P.G., Regional Supervisor
Water Q y Regional Operations, NCDENR
Asheville Regional Office
cc: WQ Asheville Files
MSC 1617-Central Files-Basement
WQ Lab & Operations/ORC
c IWR\W41AvorYiM leome Wl,o,sV,dams Apple condo 4235MOV.2015 LVW51.doc
Water Quality Reglanal Operations—Asheville Regional Orfca
2090 U.S.Highway 70,Swannenoe,NoM Carolina 28778
Phone: (828)296-45M Fay: (828)299-7043
Internet: hapeop ntalundemorghveblwq
An Equal Oppom ilyl AHinnellve Action Employer
616
North Carolina Department of Environment and Natural Resources
Pat McCrory Donald R. van der Wart
Governor Secretary
March 20, 2015
Mr. Larry Lehning
Adams Apple Homeowners Association Inc.
1208 Kelly Court
Cary, North Carolina 27511
Subject: NOTICE OF VIOLATION
NOV-2016-LV-0177
Permit No. NCO042358
Adams Apple Condominiums WWTP
Avery County
Dear Mr. Lehning: -
A review of Adams Apple Condominiums W WTP's monitoring report for November 2014 showed
the following violation:
Parameter Date Limit Value Reported Value Limit Type
Coliform, Fecal MF, M-FC 1.1/04/2014 400.00 6,000.00 Daily Maximum
Broth,44.5C #/100m1 #/100m1 Exceeded
Remedial actions, if not already.implemented, should be taken to correct any problem. Since the �I
comments section on the reverse of the relevant DMR provided an adequate explanation for the subject
violation, it is not requested that a response be submitted.
The Division of Water Resources may pursue enforcement action forthis and any additional violations
of State law. If you should have any questions, please do not hesitate to contact Janet Cantwell or me
at 828/296-4600.
Sincerely,
G. Landon Davidson, P.G., Regional Supervisor
Water Quality Regional Operations, NCDENR 7
Asheville Regional Office
cc: WQ Asheville Files
MSC 1617-Central Files-Basement I
WQ Lab & Operations/ORC
G:IWMWQV vpry%W¢e,evreleri!AmrsWdame Apple condo 4295e1Nov2015-LV on]doe
Water Quality Regional Swannlona—Ashevilleolina 2el Office
78
Phone:SM)Highway 70,Sw Fri
(8 6 North299-Carolina 2W78
Phone: (828)290-0500 Fax: (Sw PO&7043
Internet: hlpApoG e q An Equal OppoRunllylAf0mative Action Employer
CKCDEA
North Carolina Department of Environment and Natural Resources
Pat McCrory John E. Skvarla, III
Governor Secretary
November 18,2014
Mr. Larry Lehning
Adams Apple Homeowners Association Inc.
1208 Kelty Court
Cary, North Carolina 27511
Subject: Notice of Deficiency
NOD-2014-MV-0066
Permit No. NCO042358
Adams Apple Condominiums WWTP
Avery County
Dear Mr. Lehning:
A review of Adams Apple Condominiums W WTP's monitoring report for May 2014 showed the
following violation:
Parameter .Date. Measuring Frequency. Violation
Flow, in conduit or thru treatment 5/3 112 0 1 4 Continuous Failure to Monitor
plant
It was also noted that the Compliance box on the back of the DMR was marked "Compliant"when in
fact it should have been marked "Non-Compliant"with an explanation for the non-compliance. If the above
parameter was left off inadvertently,please send an amended DMR within 10 business days of receipt
of this letter to Raleigh at the address found on the front page of your DMR and also a copy to this
office.
Remedial actions should be taken to correct this problem. The.Division of Water Resources may
pursue enforcement action for this and any additional violations of State law. If you should have any
questions, please do not hesitate to contact Janet Cantwell or me at 828/296-4500.:
Sincerely,
G. L—and`on®Davidson, P.G., Regional Supervisor
Water Quality Regional Operations, NCDENR
Asheville Regional Office
cc: WQ Asheville Files
MSC 1617-Central Files-Basement
WQ Lab &Operations/ORC
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Water Quality Regional Opeatiom—Asheville Regional Dace
2090 U.S.Highway 70,Swannanon,Nod Carolina 28778
Phone: (828)2964500 Pax: (828)299-7043
Intemat htlpliportal,ncdanr.otglweWwq
An Equal Opponunityl Atfimrative Action Employer
AM- 7
NC®EN
North Carolina Department of Environment and Natural Resources
Pat McCrory John E. Skvada, III
Governor Secretary
July 25, 2014
Mr. Larry Lehning
Adams Apple Homeowners Association Inc.
1208 Kelty Court
Cary, North Carolina 27511
Subject: NOTICE OF VIOLATION
NOV-2014-LV-0348
Permit No. NCO042358
Adams Apple Condominiums WWTP
Avery County
Dear Mr. Lehning:
A review of Adams Apple Condominiums WWTP's monitoring report for April 2014 showed the
following violation:
Parameter Date Limit Value Reported Value Limit Type
Coliform, Fecal MF, M-FC 04/22/2014 400 #/100ml 3,100#/100ml Daily Maximum
Broth,44.5C Exceeded
Remedial actions, if not already implemented, should be taken to correct any problem. Since the
comments section on the reverse of the relevant DMR provided an adequate explanation for the subject
violation, it is not requested that a response be submitted.
The Division of Water Resources may pursue enforcement action for this and any additional violations
of State law. If you should have any questions, please do not hesitate to contact Janet Cantwell or me
at 828/296-4500.
Sincerely,
C:::: -
G. Landon Davidson, P.G., Regional Supervisor
Water Quality Regional Operations, NCDENR
Asheville Regional Office
cc: WQ Asheville Files
MSC 1617-Central Files-Basement
WQ Lab & Operations/ORC
e ftw aanao v.e311noo
Water Oually Regional Operations—Asheville Regional Otre
2090 U.S.Highway 70,Swennanoz,North Carolina 28778
Phone: (828)2964500 FAX (828)299 7043
Internet httplipo0al.ncdonrorg/web/wq
An Equal Opportunity/Affirmative Action Employer
P
N VE RN
North Carolina Department of Environment and Natural Resources
Division of Water Resources
Water Quality Programs
Pat McCrory Thomas A. Reeder John E. Skvarla, III
Governor Director Secretary
January 15, 2014
Mr. Larry Lehning
Adams Apple Homeowners Association Inc.
1208 Kelty Court
Cary, North Carolina 27511
Subject: NOTICE OF VIOLATION
NOV-2014-LV-0011
Permit No. NCO042358
Adams Apple Condominiums W WTP
Avery County
Dear Mr. Lehning:
A review of Adams Apple Condominiums W WTP's monitoring report for September 2013 showed
the following violation:
Parameter I Date Limit Value Reported Value Limit Type
Coliform, Fecal MF, M-FC 01/17/2013 400 01100ml 2,400#/100ml Daily Maximum
Brothp4.5C Exceeded
Remedial actions, if not already implemented, should be taken to correct any problem. Since the
comments section on the reverse of the relevant DMR provided an adequate explanation for the subject
violation listed above, it is not requested that a response be submitted.
The Division of Water Resources may pursue enforcement action forthis and any additional violations
of State law. If you should have any questions,please do not hesitate to contact Janet Cantwell or me
at 8281296-4500.
Sincerely,
G. Landon Davidson, P.G., Regional Supervisor
Water Quality Regional Operations
i-cc: -WQ Asheville Files
WQ Central Files
WQ Lab &Operations/ORC
G:1WQ\SW PWvery\WastewateeMinoms Adams Apple Condo 42358WOV-2014-LV-0011.doc
Water Quality Regional Operations-Ashes Regional Office
2090 U.S.Highway 70,Swamanoa,Nodh Carolina 28778
Phone: (828)2984500 FAX (828)299-7043
Internet hap9lpodu.ncdencotglweblwglws
An Equal Opp rlm1ty1Afhm ive Action Employer
North Carolina Department of Environment and Natural Resources
Division of Water Resources
Water Quality Programs
Pat McCrory Thomas A. Reeder John E. Skvarla, III
Governor Director Secretary
November 22, 2013
Mr. Larry Lehning
Adams Apple Homeowners Association Inc.
1208 Kelly Court
Cary, North Carolina 27511
Subject: NOTICE OF VIOLATION
NOV-2013-LV-0693
Permit No. NCO042358
Adams Apple Condominiums WWTP
Avery County
Dear Mr. Lehning:
A review of Adams Apple Condominiums W WTP's monitoring report for August 2013 showed the
following violation:
Parameter Date Limit Value Reported Value Limit Type
Coliform, Fecal MF, M-FC 08/06/2013 400#/100ml 4,600#/100m1 Daily Maximum
Broth,44.5C Exceeded
Remedial actions, if not already implemented, should be taken to correct any problem. Since the
comments section on the reverse of the relevant DMR provided an adequate explanation for the subject
violation, it is not requested that a response be submitted.
The Division of Water Resources may pursue enforcement action for this and any additional violations
of State law. If you should have any questions, please do not hesitate to contact Janet Cantwell or me
at 82812964500.
Sincerely,
G. Landon Davidson, P.G., Regional Supervisor
Water Quality Regional Operations
cc: WQ Asheville Files
WQ Central Files
WQ Lab & Operations/ORC
G:\WQ1SWPlAvery\WastewateflMinorslAdams Apple Condo 42358\NOV-2013�1-V-0693.doc
Water Quality Regional Operations—Asheville Regional Office
2090 U.S.Highway 70,Swannanoe,North Carolina 28778
Prom(828)290-0500 FAX: (828)299-7043
Internal: hgp9lportal.ncrlencorgAveemcitus
An Equal Oppodunilyl Affirmative Action Employer
�i A� (Ail �
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Resources
Water Quality Programs
Pat McCrory Thomas A. Reeder John E. Skvarla, III
Governor Director Secretary
September 20, 2013
Mr. Larry Lehning
Adams Apple Homeowners Association Inc.
1208 Kelly Court
Cary, North Carolina 27511
Subject: NOTICE OF VIOLATION
NOV-2013-LV-0646
Permit No. NCO042358
Adams Apple Condominiums W WTP
Avery County
Dear Mr. Lehning:
A review of Adams Apple Condominiums W WTP's monitoring report for July 2013 showed the
following violation:
Parameter Date Limit Value Reported Value Limit Type
Coliform, Fecal MF, M-FC 07/09/2013 400#/100ml 6,000#/100ml Daily Maximum
Broth,44.5C Exceeded
Remedial actions, if not already implemented, should be taken to correct any problem. Since the
comments section on the reverse of the relevant DMR provided an adequate explanation for the subject
violation, it is not requested that a response be submitted.
The Division of Water Resources may pursue enforcement action forthis and any additional violations
of State law. If you should have any questions, please do not hesitate to contact Janet Cantwell or me
at 8281296-4600.
Sincerely,
G. Landon Davidson, P.G.
Regional Supervisor
Water Quality Section
cc: WQ Asheville Files
WQ Central Files
WQ Lab & Operations/ORC
G\WO\SWPVwery\WastewaterlMinorslAdams Apple Condo 42358\NOV-2013-LV-0546.doc
WATER QUALITY SECTION
Nam Carolina Division of Water Resources— Asheville Regional Office Phs.(828)2964500 FAX (828)2997043 Internet: h2oarr.etatenc.us
2090 U.S.Highway 70,Swannanoa,N.C. 28778 An Equal Oppor unilyl ARuma9ve Augan Employer
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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Resources
Water Quality Programs
Pat McCrory Thomas A. Reeder John E. Skvarla, III
Governor Director Secretary
September 23, 2013
Mr.Larry Lehning
Adams Apple Homeowners Association Inc.
1208 Kelty Court
Cary, North Carolina 27511
Subject: NOTICE OF VIOLATION
NOV-2013-LV-0545
Permit No. NCO042358
Adams Apple Condominiums WWTP
Avery County
Dear Mr. Lehning:
A review of Adams Apple Condominiums W WTP's monitoring report for June 2013 showed the
following violation:
Parameter Date Limit Value Reported Value Limit Type
Coliform, Fecal MF, M-FC O6/18/2013 400#/100m1 6,000#/100m1 Daily Maximum
Broth,44.5C Exceeded
Remedial actions, if not already implemented, should be taken to correct any problem. Since the
comments section on the reverse of the relevant DMR provided an adequate explanation for the subject
violation, it is not requested that a response be submitted.
The Division of Water Resources may pursue enforcement action for this and any additional violations
of State law. If you should have any questions, please do not hesitate to contact Janet Cantwell or me
at 8281296-4500.
^Sincerely,
G. Landon Davidson, P.G.
Regional Supervisor
Water Quality Section
cc: WQ Asheville Files
WQ Central Files
WQ Lab & Operations/ORC
G\WQ\SW P\Avery\Wastewater\Minors\Adems Apple Condo 42358\N0V-2013-LV-0545.doc
WATER QUALITY SECTION
North Carolina 0ielslon of Water Resources-Asheville Regional ORwe Phone(828)296-4500 FAX (828)299-7043 Internet h2eenrstateadw
2090 U S.Highway 70,Swennanoa,N.C. 28778 An Egwl Opportwityl Afflar lve Action Employer
(� NCDE dR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Pat McCrory Charles Wakild, P.E. John E. Skvarla, III
Governor Director Secretary
May 24, 2013
Mr. Larry Lehning
Adams Apple Homeowners Association Inc.
1208 Kelty Court
Cary, North Carolina 27511
Subject: NOTICE OF VIOLATION
NOV-2013-MV-0075
Permit No. NCO042358
Adams Apple Condominiums W WTP
Avery County
Dear Mr. Lehning:
A review of Adams Apple Condominiums W WTP's monitoring report for February 2013 showed
the following violation:
Parameter Date Measuring Violation
Frequency
Temperature, Water Deg. Week ending 5 X/week Failure to Monitor
Centigrade 02/02/2013
It was also noted that the Compliance box on the back of the DMR was marked "Compliant"when in
fact it should have been marked "Non-Compliant"with an explanation for the non-compliance. If the above
parameter was left off inadvertently,please send an amended DMR within 10 business days of receipt
of this letter to Raleigh at the address found on the front page of your DMR and also a copy to this
office.
Remedial actions should be taken to correct this problem. The Division of Water Quality may pursue
enforcement action for this and any additional violations of State law. If you should have any questions,
please do not hesitate to contact Janet Cantwell or me at 8281296-4600.
Sincerely, /J
- - -�'41
Chuck Cranford, Regional Supervisor
Surface Water Protection Section
`cc: DWQ Asheville Files
DWQ Central Files
Water Quality Lab &Operations/ORC
5:\SWPrAvery\Wastewater\MlnorsUAdams Apple Condo 42358\NOV-2013-MV-0075.doc No0`hCaro' a
A son
North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,N.C. 28778 Phone(828)2964500
Internet: www.nmateraualitv.om FAX (828)299-7043
MUM-
FILE
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Pat McCrory Charles Wakild, P.E. John E. Skvarla, III
Governor Director Secretary
April 12, 2013
Mr. Larry Whining
Adams Apple Homeowners Association Inc.
1208 Kelty Court
Cary, North Carolina 27511
Subject: NOTICE OF VIOLATION
NOV-2013-MV-0065
Permit No. NCO042358
Adams Apple Condominiums WWTP
Dear Mr. Lehning: Avery County
A review of Adams Apple Condominiums W WTP's monitoring report for January 2013 showed the
following violations:
ETemperature
Date Measuring Frequency Violation
e 61/05/2013 5 X/week Failure to Monitor
e 01/12/2013 5 X/week Failure to Monitor
e 01/19/2013 5X/week Failure to Monitor
01/26/2013 5 X/week Failure to Monitor
It was also noted that the Compliance box on the back of the DMR was marked "Compliant"when in
fact it should have been marked "Non-Compliant"with an explanation for the non-compliance. If the above
parameter was left off inadvertently,please send an amended DMR within 10 business days of receipt
of this letter to Raleigh at the address found on the front page of your DMR and also a copy to this
office.
Remedial actions should be taken to correct this problem. The Division of Water Quality may pursue
enforcement action for this and any additional violations of State law. If you should have any questions,
please do not hesitate to contact Janet Cantwell or me at 8281296-4600.
Sincerely,
Chuck Cranfoegional Supervisor
Surface Water Protection Section
Co. DWQ Asheville Files
DWQ Central Files
WQ Lab & Operations/ORC
S 1SWPWvery\WastewalerVinorsWtlams Apple Conde 42358 W OV-2013-MV-0055 doc
]� hCarolina
North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,N.C. 28778 Phone(828)296-4500
Internet: www.ncweteraualli FAX (828)299-7043
A _
WNW
North Carolina Department of Environment and Natural Resources
Division of Water Quality
/I Pat McCrory Charles Wakild, P.E. John E. Skvarla, III
Governor Director Secretary
March 27, 2013
Mr. Larry Lehning
Adams Apple Homeowners Association Inc.
1208 Kelly Court
Cary, North Carolina 27511
Subject: NOTICE OF VIOLATION
NOV-2013-MV-0047
Permit No. NCO042358
Adams Apple Condominiums W WTP
Dear Mc Lehning: Avery County
A review of Adams Apple Condominiums W WTP's monitoring report for October 2012 showed the
following violations:
I
r Date Measuring Frequency Violation
re, Water Deg. Week ending 5 X/Week Failure to Monitor
e 1 010 6/2 0 1 2re, Water Deg. Week ending 5 X/Week Failure to Monitor
10/13/2012re, Water Deg. Week ending 5 X/Week Failure to Monitor
10/20/2012
Temperature, Water Deg. Week ending 5 X/Week Failure to Monitor
Centigrade 1 0/2 712 0 1 2
It was also noted that the Compliance box on the back of the DMR was marked"Compliant"when in
fact it should have been marked"Non-Compliant"with an explanation for the non-compliance. If the above
parameterwas left off inadvertently, please send an amended DMR within 10 business days of receipt
of this letter to Raleigh at the address found on the front page of your DMR and also a copy to this
office.
Remedial actions should be taken to correct this problem. The Division of Water Quality may pursue
enforcement action for this and any additional violations of State law. If you should have any questions,
please do not hesitate to contact Janet Cantwell or me at 828/296.4500.
Sincerely,
0/huCkCranford, Regional Supervisor
-.,go?,, DWQ Asheville Fllesl=. Surface Water Protection Section
; .
DWQ Central Files
Water Quality Lab & Operations/ORC
S:\SWP\Avery\Wastewale6MinorslAdams Apple Condo 42358 NOV-2013-MV-0047.doc
No°fthCero a
ljatAZI
North Carolina newa on of Water Quality 2090 U.S.Highway 70 Swannanoa,N.C. 28778 Phone(828)296-4500
Internet: to I'N FAX (828)299-7043
h CDEN F771LE COPY
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H.Sullins Dee Freeman
Governor Director Secretary
SURFACE WATER PROTECTION SECTION
March 22, 2011
Mr. Larry Lehning
Adams Apple Homeowners Association Inc.
1208 Kelty, Court
Cary, NC 27511
SUBJECT: Compliance Evaluation Inspection
Adams Apple Condominiums WWTP
Permit No: N00042358
Avery County
Dear Mr. Lehning:
Enclosed please find a copy of the Compliance Evaluation Inspection form from the
inspection conducted on March 4, 2011. The facility was found to be in compliance with permit
NC0042358.
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 ext.4662.
Sincerely,
,/
Wanda P. Frazier
Environmental Specialist
Enclosure
cc: Jadd Brewer, ORC contractor
Central Files
Asheville Files
S:\SWPWvery\Wastewater\MinorsWdams Apple Condo 42358\CEI 3-4-11 Are
SURFACE WATER PROTECTION-ASHEVILLE REGIONAL OFFICE
Location:2090 U.S. Highway 70,Swannanoa,NC 28778 NorthCarol a
Phone: 828-296.4500 Fax: 828-299-7043 Customer Service:1-877-623-6748 '11'latutar!rU
q Internet:www.ncwateraualitv.om [�
d7
United Stales Envrmnmennl Pmtedien Agency Form Approvetl.
EPA waahin9tnn,o.c 20460 OMB No.2010-0057
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 Fee Type
1 La 2 J 31 NC0042358 11 121 11/03/04 17 181 J 191,- 20
J
Remrks
6211 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1
Inspection Work Days Facility Self-Monitoring Evaluation Rating 31 OA ----------Reservetl--------
671 l.0 70J 71 72J 73 174 75 1 1 00
Section B: Facility Data
Name and Location of Facility Inspected(Far Industrial Users dischaMing to POTW,also include Entry Time/Date Permit Effective Date
POTW name and NPDES permit Number)
11:40 AM 11/03/04 07/12/01
Adams Apple Condominiums WWTP
NC Hwy 105 Exit Time/Date Permit Expiration Date
Banner Elk NC 28604 12:15 PM 11/03/04 12/09/30
Name(s)of Onsite Repmsentztive(s)7fitles(s)/Phone and Fax Number(s) Other Facility Data
Laxly E Townsend/ORC/704-898-9212/
Name,Address Of Responsible OfficiaVritlelPhane and Fax Number
Larry Lehaing,1208 Nelty Ct Cary NC 27511//919-219-44671 COnt0ctetl
Na
Section C: Areas Evaluated During Inspection(Check only those areas evaluated)
Permit 0 Operations&Maintenance 0 Records/Reports Facility Site Review
Effluent/Receiving Waters
Section D: Summary of Finding/Comments Attach additional sheets of narrative and checklists as necessary)
(See attachment summary)
Names)and Signaturs(s)of Inspectors) Agency/OffcalPhone and Fax Numbers Date
Wanda PP /Frazier ARO WQ//828-29,6-4�500/Ext.4662/
Signature of Management O A Reviewer Agency/Office/Phone and Fax Numbers Date
14
3 2z 20!(
EPA Form 3560-3(Rev 9-94)Previous editions are obsolete.
Page# 1
NPDES r/mo/da Ins ectionTYP a
Y Y P
3I NC0042358 I11 12I 11/03/04 I17 18,_,
Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary)
FACILITY DESCRIPTION: Adams Apple HOA Inc. —Adams Apple Condominiums WWTP
COLLECTION SYSTEM:
The collection system consists of(-25-30) connections to residential homes and condominiums.
The collection system has one pump station with telemetry.
WASTEWATER TREATMENT PLANT(WWTP):
The WWTP consists of a 0.020 MGD metal extended aeration package plant consisting of:
manual bar screen;
aeration basin with dual blowers providing diffused air;
hoppered rectangular clarifier with skimmer and sludge returns;
tablet chlorinator;
chlorine contact chamber; -
tablet dechlorinator with post aeration;
concrete cascade; and
Stevens 61R strip chart flow meter with totalizer.
PERMIT/ INSPECTION/LOG:
A review of the files indicates that the last compliance evaluation inspection was conducted on
5-5-2010 by Keith Haynes.
The permit expires on 9-30-2012. Please request a permit renewal 6 months prior to expiration.
A renewal notice will be mailed as a reminder.
The daily operator log was present on-site and had good notation of daily events, process
control and field testing data.
TREATMENT UNITS/PROCESS CONTROL TESTING DATA:
The activated sludge aeration basin process control data was as follows:
Temperature=8.9 degrees Celsius
pH =5.3 units-- Note: Lime was added to adjust the pH.
Dissolved Oxygen =4.03 mg/I
Settleable Solids= 300 ml/1 =30%
Sludge Management: Commercial hauler(Triple T; 1372 NC Highway 194 N; Boone, NC 28607-8798
phone: 828-262-5745)to the Town of Boone's WWfP. The plant was last pumped in November
2010.
Page# 2
(� n
Permit: N00042358 Owner-Facility: Adams Apple Condominiums VMP
Inspection Date: 03104/2011 Inspection Type: Compliance Evaluation
EFFLUENT:
The effluent data was as follows:
Dissolved Oxygen =4.53 mg/I
pH = 6.7 units
Temperature= 7.6 degrees Celsius
Chlorine = < 15 ug/I
FLOW MEASUREMENT:
The Stevens 61 R strip chart flow meter with totalizer was last calibrated on 8-18-2010.
OPERATIONS AND MAINTENANCE/EFFLUENT/SUMMARY:
Mr. Larry Townsend, ORC, assisted in the inspection and appears to be operating and
maintaining the facility very well.
The effluent was very clear and appeared to be in compliance with permit limits.
SYSTEM PERFORMANCE ANNUAL REPORT(SPAR):
The 2010 System Performance Annual Report was received by the Division on March 9, 2011.
IMPROVEMENTS:
A new path to the W WTP had been installed, making access safer and easier.
The leaking rubber pipe fitting connection, in effluent line, had been tightened and was no
longer leaking.
Post aeration had been added to the chlorine contact chamber to increase the effluent DO levels
to minimize impacts to the B-Trout High Quality Waters receiving stream.
Page# 3
C
Permit:.N00042358 Owner-Facility: Adams Apple Condominiums WWfP
Inspection Date: 03/04/2011 Inspection Type: Compliance Evaluation
Permit Yes No NA NE
(If the present permit expires in 6 months or less). Has the permittee submitted a new application? 0 0 E D
Is the facility as described in the permit? ■ 0 0 ❑
#Are there any special conditions for the permit? ❑ ■ 0 0
Is access to the plant site restricted to the general public? ■ 0 0 0
Is the inspector granted access to all areas for inspection? 0 0 0
Comment:
Operations$Maintenance Yea No NA NE
Is the plant generally clean with acceptable housekeeping? ■ D 00
Does the facility analyze process control parameters,for ex.MLSS, MCRT,Settleable Solids,pH,00,Sludge ■ 0 0 D
Judge,and other that are applicable?
Comment:
Bar Screens Yes No NA NE
Type of bar screen
a.Manual
b.Mechanical 0
Are the bars adequately screening debris? ■ 0 0 ❑
Is the screen free of excessive debris? ■ 0 Cl ❑
Is disposal of screening in compliance? 0 0 0
Is the unit in good condition? D 0 D
Comment:
Aeration Basins Yea No NA NE
Mode of operation Ext.Air
Type of aeration system
Diffused
Is the basin free of dead spots? ■ 0 0 D
Are surface aerators and mixers operational? ❑ 0 ■ ❑
Are the diffusers operational? ■ 0 0 0
Is the foam the proper color for the treatment process? ■ 0 0 0
Does the foam cover less than 25%of the basin's surface? ■ D 00
Is the DO level acceptable? ■ 0 0 0
Is the DO level acceptable?(1.0 to 3.0 mg/1) 0 0 0 0
Page# 4
r
Permit: NCO042358 Owner-Facility: Adams Apple Condominiums WVVfP
Inspection Date: 03/04/2011 Inspection Type: Compliance Evaluation
Aeration Basins Yes No NA NE
Comment:
Secondary Clarifier Yes No NA NE
Is the clarifier free of black and odorous wastewater? ■ 0 0 0
Is the site free of excessive buildup of solids in center well of circular clarifier? 0 0 ■ 0
Are weirs level? ■ 0 0 ❑
Is the site free of weir blockage? Is 0 0 0
Is the site free of evidence of short-circuiting? ■ 0 0 ❑
Is scum removal adequate? ■ 0 0 ❑
Is the site free of excessive floating sludge? Is 0 0 ❑
Is the drive unit operational? ❑ 0 ■ 0
Is the return rate acceptable(low turbulence)? ■ 0 0 ❑
Is the overflow clear of excessive solids/pin floc? Is 0 0 ❑
Is the sludge blanket level acceptable?(Approximately X of the sidewall depth) ■ 0 0 ❑
Comment:
Disinfection-Tablet Yes No NA NE
Are tablet chlorinators operational? Is 0 0 ❑
Are the tablets the proper size and type? ■ 0 0 0
Number of tubes in use? 2
Is the level of chlorine residual acceptable? ■ 0 0 ❑
Is the contact chamber free of growth,or sludge buildup? ■ 0 0 ❑
Is there chlorine residual prior to de-chlonnalion? ■ 0 0 ❑
Comment:
De-chlorination Yes No NA NE
Type of system? Tablet
Is the feed ratio proportional to chlorine amount(1 to 1)? ❑ 0 ■ 0
Is storage appropriate for cylinders? ❑ 0 ■ 0
#Is de-chlorination substance stored away from chlorine containers? ❑ 0 ■ 0
Comment:
Are the tablets the proper size and type? Is 0 0 0
Are tablet de-chlorinators operational? ■ 0 0 ❑
Page# 5
I n
r � r
Permit: NCO042358 Owner-Facility: Adams Apple Condominiums WWiP
Inspection Date: 0 310 412 01 1 Inspection Type: Compliance Evaluation
De-chlorination Yea No NA NE
Number of tubes in use? 2
Comment:
Effluent Pipe Yes No NA NE
Is right of way to the oulfall properly maintained? M 0 0 ❑
Are the receiving water free of foam other than trace amounts and other debris? i 0 0
If effluent(diffuser pipes are required) are they operating properly? 0000
Comment:
I
i
1�
f
Page# 6
Water Quality Lab&Operations, Inc.4�
PO Box1167, Banner Elk, NC,28604
Phone: 828-898-6277 Fax: 828-898-6255
Adams Apple
NPDES # NCO042358
Adams Apple Homeowners
P.O. Box 2137
Banner Elk, NC 28604
Here is your SYSTEM PERFORMANCE ANNUAL REPORT(SPAR) along with a sample letter that you
may send to your customers if you like. You may rewrite the sample letter to say what you wish to your
customers. Please fill out the bold text in the sample letter if you wish to use it.
A copy of the SPAR has been sent to the state, so you may not modify the SPAR.
Thank you for letting us be of service to you,if you have any questions about the SPAR, feel free to call me at
(828) 898-6277. Thank you again for your time.
Sincerely, .3',. ,
nM r'w m
�9r ,«
P4tA Isenhour
Laboratory
Laboratory Supervisor
Water Quality Lab & Operations, Inc. r I �l�MAR 17 2011
__.___ E _1 g
[g WATEIR QUALITY SECTION „[
ASHHVIIL- REGIONAL OFFICE (t�
b j
i -�0{pbf[SMi:R da`ca A .=aw.a uuuvu �
MAR - 9 2011
OENR-W
POINT SOU E DUAL TY
RCE BRANCH
2010 System Performance Annual Report
(Submitted as required by the NC General Assembly House Bill 1160 Clean Water Act of 1999.)
Reporting Period: January 1, 2010 to December 30, 2010
I. General Information
Name of regulated entity: Adams Apple HOA Inc. —
Adams Apple Condominiums WWTP
• Responsible person: Larry Lehninq
mailing address: PO Box 28604: Banner Elk, NC 28604
phone number: 919-219-4467
facility located at: NC Hwy 105, southeast of Banner Elk
county: Avery
DWQ Regional Office: Asheville
• Listing of applicable permit(s): NCO042358
• Description of collection system and wastewater treatment system or process:
Deemed permitted Collection System consists of:
(Give a description of the collection system: i.e. number of connections/
building taps total feet of gravity sewers, total feet of force mains, total
number of pump stations, whether or not the pump stations have telemetry
or SCADA, etc.)
NCO042358 Wastewater Treatment Facilities
0.020 MGD extended aeration package plant consisting of:
manual bar screen; aeration basin with dual blowers providing diffused air;
hoppered rectangular clarifier with skimmer and sludge returns; tablet
chlorinator; chlorine contact chamber; tablet dechlorinator; and cascade aerator.
Il. System Performance Annual Summary:
A. Description of overall 12 month performance, noting highlights and
deficiencies:
The treatment plant did very well last year.We are very pleased to report that there were
no violations for the entire year.All of the samples that were taken for the plant were under the limits
set be the State Division of Water Quality.
B. By month, list of the number and type of any violations of permit conditions,
environmental regulations or environmental laws, including (but not limited
to):
1. Permit Limit Violations (NOVs and Civil Assessments):
NONE p t/
2. Monitori 1y and Reporting Violations (NOVs anu iwl Assessments)
(Illegal) Bypass of treatment facilities*
NONE
3. Sanitary Sewer Overflows* (NOVs and Civil Assessments)
*Note estimated total monthly volumes and locations of events in which more
than 1,000 gallons of waste reached surface waters.
NONE
C. Description of any known environmental impact of violations:
NONE
D. Description of corrective measures taken to address violations or deficiencies
NONE
III. Notification
Statement as to how users or customers have been provided access to the report.
This annual report has been sent to the North Carolina Division of Water Quality and to
the owner of the wastewater system. The wastewater system owner has also been given a
letter that they can easily distribute to all their customers.The letter will inform the
customers that the annual report is available upon request to the owner of the system.
Certification
A. Certified Operator in Responsible Charge:
ORC: Larry Townsend Cart. # 11841 —WW III
Back-up ORCs: Jadd Brewer Cart. # 10206—WW III
Denver Eggers Cart. # 10541 —WW II
Paul Isenhour Cart. # 13154—WW IV
Jerry Alexander Cart. # 989701 —WW IV
B. Statement by a responsible official certifying the report is accurate and complete:
1, Jadd Brewer, certify that this report is accurate and complete, to the
best of my knowledge.
C. Signature of responsible official and date of report:
JJiddr� date
w.� 1
( Name of Wastewater Systen,
NPDES# NCOOOO000
address
city, NC zip
Wastewater system customer
address
city, NC zip
SUBJECT: SYSTEM PERFORMANCE ANNUAL REPORT
Dear wastewater customer,
The SYSTEM PERFORMANCE ANNUAL REPORT(SPAR) is completed! The SPAR is a report that
lets us,the wastewater treatment provider,tell you,the user, what has been happening with our wastewater
plant in the past year(2010).In the SPAR,we give you a brief description of the treatment plant, if we had any
violations, and what was done about any violations. If you would like to have a copy of the AWTR,please call
or come by our office, and we will give one to you.
Thank you for your time and if you have any questions, feel free to call our office at 888-888-8888.
C-) C�
0 Water Quality Lab&Operations, Inc.
PO Box 1167, Banner Elk, NC,29604
Phone: 828-89B-6277 Fax: 828-898-6255
Adams Apple
NPD.ES # NCO042358
Adams Apple Homeowners
P.O. Box 2137
Banner Elk, NC 28604
Here is your ANNUAL WASTEWATER TREATMENT REPORT(AWTR)along with '
a sample letter that you may send to your customers if you like. You may rewrite the
sample letter to say what you wish to your customers. Please fill out the bold text in the
sample letter if you wish to use it.
A copy of the AWTR has been sent to the state, so you may not modify the AWTR.
Thank you for letting us be of service to you,if you have any questions about the AWTR,
feel free to call me at(828) 898-6277. Thank you again for your time.
Sincerely,
Paul Isenhour a
Laboratory Supervisor tti"
Water Quality Lab &Operations, Inc. LIMA' 2 62010
(((0�igfv,%"V;ATCRl','!,Z Y pQJNTSC'J' C eRA Iry
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16 2010
Mu I
ni m �cnoN
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Annual Wastewater Treatment Plant Report
Adams Apple
NPDES#: NC0042358
Date: 3/3/10
We are pleased to present to you this year's Annual Wastewater Treatment Plant Report.
This report is designed to inform you about the quality of the wastewater we discharge to
the receiving waters every day. Our constant goal is to protect the environmental waters
of North Carolina.We want you to understand the efforts we make to continually
improve the wastewater treatment process and protect our water resources. We are
committed to ensuring the quality of the receiving waters that we discharge to.
If you have any questions about this report or concerning your wastewater utility,please
contact Paul Isenhour at(828) 898-6277.We want our valued customers to be informed
about their wastewater utility.
Let us first take this opportunity to give you a brief description of a Wastewater
Treatment Plant. The waters that go down the drain, follow many different pipes, and
ends up at the treatment plant. The wastewater goes through a bar screen that stops large
particles that are present(i.e.,rags and papers).The water then goes to an aeration basin
where air is pumped into the water. This air supplies oxygen to bacteria that feed on the
solids that are in the water. The water then goes to the clarifier where the solids settle out.
The solids are pumped back to the aeration basin to give the bacteria a second chance to
feed. When there are too many solids in the plant, some of the solids are pumped to a
digester tank. In the digester,the bacteria have more time to feed on and reduce the
solids'volume.When the digester gets full, the solids are pumped from the tank and
taken to a larger facility. The clear water from the clarifier then goes to a tank for
disinfection.The two most prominent ways to disinfect the wastewater are chlorine and
ultraviolet light. Chlorine can be used as a gas or in solid tablet form. When chlorine is
used,there is generally a dechlorinating agent use to remove any excess chlorine from the
wastewater before it goes to the receiving water.When ultraviolet light(UV) is used, the
wastewater flows around the UV bulbs. Bacteria can not live when exposed to UV light,
so as the water passes the UV bulbs,the water in disinfected. Finally, after disinfection,
the treated wastewater goes into the receiving waters.
PERFORMANCE -
The treatment plant did very well last year.We are very pleased to report that there were
no violations for the entire year.All of the samples that were taken for the plant were
under the limits set be the State Division of Water Quality.
NOTIFICATION
This annual report has been sent to the North Carolina Division of Water Quality and to
the owner of the wastewater system. The wastewater system owner has also been given a
letter that they can easily distribute to all their customers. The letter will inform the
customers that the annual report is available upon request to the owner of the system.
CERTIFICATION
I certify under penalty of law that this report is complete and accurate to the best of my
knowledge. I further certify that this report has been made available to the users or
customers of the named system and that those users have been notified of its availability
as per the NOTIFICATION section above.
Paul Isenhour Date
Laboratory Supervisor
Water Quality Lab &Operations,Inc.
i
1•
(� Rio r,
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H.Sullins Dee Freeman
Governor Director - Secretary
July 9, 2010
Larry Lehning
Adams Apple Homeowners Association Inc
1208 Kelty Ct
Cary NC 27511
SUBJECT: Compliance Evaluation Inspection
Adams Apple Condominiums W VVTP
Permit No: NCO042358
Avery County
Dear Mr. Lehning:
Enclosed please find a copy of the Compliance Evaluation Inspection Report from
the inspection which I conducted on May 5, 2010. The facility was found to be in
Compliance with permit NC0042358.
Please refer to the enclosed inspection report for additional observations and
comments. Additionally, please accept my apologies for the lateness of this report. If you
have any questions, please do not hesitate tto�I call me at 828-296-4500.
Since
Keith Haynes
Environmental Sr. Specialist
Enclosure
cc: Larry E Townsend, ORC
Central Files
Asheville Files
S\SW PW very\WastawaterdvllrwrcrAdams Apple Condo A2358\5 5 I OC611etfer.doc
SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE
Location:2090 U.S.Highway 70,Swannanoa,NC 28778 One
T]OLrtIC1T0 llla
Phone:(828)296A500WAX:828299-704YCustomer Service:1-877-623-6748 orth(CPro m Internet:www.ncwatemualitv.ora
United mils.Envlmn0.ntal PMeeti m Aseney
EPA Washington,U C.20460 OMB N 2046 Form Noo.2040051
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 1 11 2
u = 31L NCO042358 ii 121 10/05/05 it 18
= 19J 20
_I
21I I I I 1111 I I I I I I I I 11 I I I IRmksI I I I I I I I I I I I I I I I I I I I I
Ia
Inspection Work Days Facility Self-Monitoring Evaluation Rating B1 CA ----------------Reservetl----- ---
81 I69 70u 711 I 721 LJ u1 ]31 I 174 75I I I I I I I I80
Section B: Facitity Data LJJ
Name and Location of Facility lnspacted(For Industrial Users discharging to POTW,also include Entry Time/Date Permit Effective Date
PO name and NPDES permit Number)
Adams Apple Condominioma W P 11:30 AM 10/05/05 07/12/01
NE Hwy 105 Exit TimelDate Permit Expiration Date
Banner Elk NC 28604 12:15 PM 10/05/05 12/09/30
Name(s)of Onsite Representative(s)/fitles(s)IPhone and Fax Numbers) Other Facility Data
Larry E Townsend/e1RC/904-898-9212/
Name,Address of Responsible Official/fitle/Phone and Fax Number
Larry Lehning,1208 Retry C[ Cary NC 29511//919-219-4469/ Contacted
YEB
Section C. Areas Evaluated During Inspection(Check only those areas evaluated)
Permit 0 Operations&Maintenance E Facility Site Review
Section D: Summary of Finding/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 (/V ARC WQ//826-296-4500/ 7, 7- Ja
Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Data
Roger C Edwards MO WQ//028-296-4500/
EPA Form 3560-3(Rev 9-94)Previous editions are obsolete.
Page# 1
n
NPDES yonno/day Inspection Type
3I NCO042358 I11 12I 10/05/05 I17 181 _I
Section D: Summary of Finding/Comments(Attach additional sheetsof narrative and checklists as necessary)
The wwtp appeared to be operating properly. It is suggested that the permittee install some sort of steps to
facilitate safe access for the operators to get into the plant. Also note that in the past the effluent line had
developed a leak and had allowed some effluent to be discharged onto the adjacent road. The connections
on the line should be checked to assure no further leaks of that type in the future.
I
Page# 2
( , C,
Permit: NCO042358 Owner-Facility: Adams Apple Condominiums N P
Inspection Data: 0 510 512 01 0 Inspection Type: Compliance Evaluation
Operations&Maintenance Yea No NA NE
Is the plant generally clean with acceptable housekeeping? ■ 0 0 ❑
Does the facility analyze process control parameters,for ex:MILES, MORT,Settleable Solids,pH, DO,Sludge ■ 0 0 ❑
Judge, and other that are applicable?
Comment: The effluent line should be routinely checked to assure there is no leak
allowing the effluent to be discharged into the road. There should be some steps added
to allow the operator safe access to the plant.
Permit Yes No NA NE
(If the present permit expires in 6 months or less). Has the permittee submitted a new application? 0 0 ■ 0
Is the facility as described in the permit? ■ 0 0 ❑
#Are there any special conditions for the permit? ❑ Cl ■ ❑
Is access to the plant site restricted to the general public? ■ Cl 0 0
Is the Inspector granted access to all areas for inspection? ■ 0 0 0
Comment:
Aeration Basins Yea No NA NE
Mode of operation Est.Air
Type of aeration system Diffused
Is the basin free of dead spots? ■ ❑ 0 ❑
Are surface aerators and mixers operational? Cl 0 In ❑
Are the diffusers operational? ■ 0 0 0
Is the foam the proper color for the treatment process? ■ Cl 0 0
Does the foam cover less than 25%of the basin's surface? ■ 0 0 ❑
Is the DO level acceptable? ■ 0 0 ❑
Is the DO level acceptable?(1.0 to 3.0 ni ■ 0 0 0
Comment:
Secondary Clarifier Yes No NA NE
Is the clarifier free of black and odorous wastewater? ■ 0 0 ❑
Is the site free of excessive buildup of solids in center well of circular clarifier? ❑ 0 ■ ❑
Are weirs level? ■ 0 0 ❑
Is the site free of weir blockage? ■ r, 0 ❑
Is the site free of evidence of short-circuiting? ■ 0 0 ❑
Is scum removal adequate? ■ 0 0 ❑
Page# 3
i
Permit: N00042358 Owner-Facility: Adams Apple Condominiums NfvvfP
Inspection Date: 0 510 512 01 0 Inspection Type: Compliance Evaluation
Secondary Clarifier Yea No NA NE
Is the site free of excessive floating sludge? ■ ❑ 0 ❑
Is the drive unit operational? ❑ 0 ■ ❑
Is the return rate acceptable(low turbulence)? ■ 0 0 Cl
Is the overflow clear of excessive solidalpin floc? ■ 0 0 Cl
Is the sludge blanket level acceptable?(Approximately'/.of the sidewall depth) 0 0 0 ■
Comment:
Disinfection-Tablet Yea No NA NE
Are tablet chlorinators operational? ■ 0 0 ❑
Are the tablets the proper size and type? ■ 0 0 ❑
Number of tubes in use? 2
Is the level of chlorine residual acceptable? ❑ 0 0 ■
Is the contact chamber free of growth,or sludge buildup? ■ 0 0 ❑
Is there chlorine residual prior to de-chlorination? ■ 0 0 Cl
Comment:
De-chlorination Yes No NA NE
Type of system? Tablet
Is the feed ratio proportional to chlorine amount(1 to 1)? ■ 0 0 ❑
Is storage appropriate for cylinders? ❑ 0 ■ ❑
If Is de-chlorination substance stored away from chlorine containers? ❑ 0 ■ ❑
Comment:
Are the tablets the proper size and type? ■ 0 0 ❑
Are tablet de-chlorinators operational? ■ 0 ❑ ❑
i
Numberoftubes in use? 2
i
Comment:
Page# 4
MUNWR
..
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
January 15, 2010
Mr. Larry Lehning
Adams Apple Homeowners Association Inc.
1208 Kelty Court
Cary, North Carolina 27511
Subject: NOTICE OF VIOLATION
NOV-2010-MV-0015
Permit No. NCO042358
Adams Apple Condominiums W WTP
Dear Mr. Lehning: Avery County
A review of Adams Apple Condominiums W WTP's monitoring report for October 2009 showed the
following violation:
Parameter Date Measuring Violation
Frequency
Flaw, Continuous 10/31/09 Continuous Failure to Monitor
It was also noted that the Compliance box on the back of the DMR was marked "Compliant"when in
fact it should have been marked "Non-Compliant"with an explanation of the reason for the non-compliance.
Remedial actions should be taken to correct this problem. The Division of Water Quality may pursue
enforcement action for this and any additional violations of State law.
To prevent further action, carefully review these violations and deficiencies and respond in writing to
this office within 10 (ten) workino days of receipt of this letter. You should address the causes of non-
complianceand all actions taken to prevent the recurrence of similar situations.
If you should haveany questions, please do not hesitate to contact Janet Cantwell at 828/296-
4500.
Sincerely,
Roger C. Edwards, Regional Supervisor
Surface Water Protection Section
cc:.. DWQ Asheville.Files
DWQ Central Files
Water Quality Lab & Operations/ORC
S:45WPV+,varyLW stewatorA inorsW/ansAop�q Condo 4235H Nu hCarolina
V12,,1
North Carolina Divleion of Water Quality 2090 U.S.Highway 70 Swannanoa,N.C. 28778 Phone(828)296-4500 Customer Service
^Internet: www t 1'1 FAX (828)299-7043 b877-623-6748
t. r�i �-- NLE COPY
MUM-
North Carolina Department of Environment and Natural Resources
Division of water Quality
Beverly Eaves Perdue Coleen H.Sullins Dee Freeman
Governor Director Secretary
September 17, 2009
Mr. Larry Lehning
Adams Apple Homeowners Association Inc.
1208 Kelty Court
Cary, North Carolina 27511
SUBJECT: Compliance Evaluation Inspection
Status: Compliant
Adams Apple Condominiums WWTP
Permit No: NCO042358
Avery County
Dear Mr. Lehning:
Enclosed please find a copy of the Compliance Evaluation Inspection form from
the inspection conducted on August 27 2009. The facility appeared to be in compliance
with permit NC0042358. The kind assistance of Mr. Larry Townsend during the
inspection was greatly appreciated. He is doing a good job of operating this facility.
There are a couple of items which need attention: for the safety of the operator in
his daily operations, the flow-neter needs to be repositioned and steps, along with a
handrail, should be installed from the road to the wastewater treatment plant.
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, Ext.
4667.
Sincerely,
j)--"
anet Cantwell
Environmental Specialist
Enclosure
cc: DWQ Asheville Files
DWQ Central Files
Water Quality Lab & Operations/ ORC
G:\W POATA0EMWQAVery\42355 Adams Apple Cando\42358 CEI 09.doc
SURFACE WATER PROTECTION-ASHEVILLE REGIONAL OFFICE One
Location:2090 U.S.Highway 70,Swannanoa,NO 28778 TfOr'tbCazotlna
Phone:(828)296-4500\FAX:828 299-70431Cuslomer Service:1-877-623-6748
Internet:w .ncwaterauartvora Naturally
n
United stags Environmental Protection Agenry O ed.Washington,eC.20480 M2EPA 40-0 05]
Aom
Water Compliance Inspection Report pires 831-98
Section A: National Data System Coding(Le., PCs)
Transaction Code NPDES yr/mo/day Inspection Type Inspector Eno Type
U z �J 31 NC0042358 111 1z1 09/oe/2T n a�E� sL� zaU
Remarks
21111111111111111111111111111111111111111111111116
Inspection Work Days Facility Self-Monitoring Evaluation Rating B1 OA -------------------—Reserved------------ -----
6] 159 70 J I 71—1 721,1 73IL 11J 174 76I 1 1 1 1 1 180
Section B: Facility Data
Name and Location of Fatality Ingeted(For Industrial users discharging to POTW,also include Entry Time/Date Permit Effective Data
POTWname and NPDEB permit Number)
12:42 Ed 09/08/27 07/12/01
Adams Apple Condominiums WWTP
NC they 105 Exit Time/Date Permit Expiration Date
Banner Elk NC 28604 01:00 PM 09/08/27 12/09/30
Names)of Onsite Representative(s)/fitles(s)/Phone and Fax Numbers) Other Fatality Data
Larry E Townsend/ORC/704-898-9212/
Nme,Address of Responsible ORcial/fitlelPhone and Fax Number
or
Be Nwy 305 Banner Elk NC 28609/Property CoA Ged
Me x/828-898-6321/B288985352 Yes
Section C: Areas Evaluated During Inspection(Check only those areas evaluated)
Permit ®Flow Measurement ®Operations&Maintenance ■Records/Reports
Self-Monitoring Program ®Facility Site Review
Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary)
(See attachment summary)
Name(s)and Siggn�saft%urea(id of�Inspector Agency/Olfice/Phone and Fax Numbers Date
�9
JeriCant V Ann WQ//828-296-4500 Ext.4667/ %116 1
Keith Haynes AAO WQ//82B-296-4500/
Signature of Management QA Reviewer
// Agency/Office/Phone and Fax Numbers Date
Ph
EPA Form 3660-3(Rev 9-94)Previous editi0ns are obsolete.
Page# 1
NPeES y6mo/day Inspection Type (covtJ 1
3I NCO042358 11 12 0a/08/27 I17 18IC,I
Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary)
Larry Townsend/ORC and Keith Haynes of this office assisted in the inspection of this facility.
The permit will expire September 30, 2012.
The last compliance evaluation inspection was conducted 8/30/2007 by Wanda Frazier.
A current full copy of the permit should be maintained on site.
There is a slick, red clay path leading about 20 feet up the hill from the road to the wastewater treatment
plant. It is very difficult to traverse when wet, especially when carrying equipment for daily process control,
sampling and etc. Steps should be installed along with a handrail for the operator to more easily and safely
access the plant.
The flowmeter has been installed backwards and the operator has to hang over the basin to open and read
the meter. This makes it difficult for the operator to read the daily flow, a requirement of the NPDES permit.
This flowmeter must be repositioned for the safety of the operator.
The flowmeter was calibrated 8/18/09.
The effluent was clear.
i
i
I
1
Page# 2
Permit: NCO042358 Owner-Facility: Adams Apple Condominiums wwTP
Inspection Date: 08/2712009 Inspection Type: Compliance Evaluation
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
#Are there any special conditions for the permit? ❑ ■ ❑ n
Is access to the plant site restricted to the general public? ■ ❑ ❑ ❑
Is the inspector granted access to all areas for inspection? m 0 ❑ ❑
Comment: The permit will expire September 30, 2012,
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 IN n n ❑
Judge,and other that are applicable?
Comment: There is a slick, red clay path leading about 20 feet up the hill from the
road to the wastewater treatment plant. It is very difficult to traverse when wet,
especially when carrying equipment for daily process control, sampling and etc. Steps
should be installed along with a handrail for the operator to more easily and safely
access the plant.
Record Keeping Yes No NA NE
Are records kept and maintained as required by the permit? ■ ❑ n ❑
Is all required information readily available,complete and current? ❑ ■ ❑ n
Are all records maintained for 3 years(lab.reg. required 5 years)? ❑ ❑ n
Are analytical results consistent with data reported on DMRs? ❑ n ❑ ■
Is the chain-of-custody,complete? ❑ n ❑ ■
Dates,times and location of sampling ❑
Name of individual performing the sampling ❑
Results of analysis and calibration ❑
Dates of analysis n
Name of person performing analyses n
Transported COCs ❑
Are DMRs complete:do they include all permit parameters? ® n n n
Has the facility submitted its annual compliance report to users and DWQ? ■ ❑ ❑ ❑
(If the facility is=or>5 MGD permitted Flow)Do they operate 24/7 with a codified operator on each shift? ❑ ❑ ■ n
Is the ORC visitation log available and current? ■ ❑ ❑ ❑
Is the ORC certified at grade equal to or higher than the facility classification? ® n n n
Page# 3
Permit: NCO042358 Owner-Facility: Adams Apple Condominiums wv i
Inspection Date: 0812712009 Inspection Type: Compliance Evaluation
Record Keeping Yes No NA NE
Is the backup operator certified at one grade less or greater than the facility classifical n n n
Is a copy of the current NPDES permit available on site? ❑ ■ n n
Facility has copy of previous year's Annual Report on file for review? ■ n n n
Comment: A current full copy of the permit should be maintained on site.
Flow Measurement-Influent Yes No NA NE
#Is flow meter used for reporting? 0 ❑ El ❑
Is flow meter calibrated annually? 0 n n ❑
Is the flow meter operational? ■ n n n
(If units are separated) Does the chart recorder match the flow metm ?. n n ■ n
Comment: The flowmeter was calibrated 8/18/09.
The flowmeter has been installed backwards and the operator has to hang over the
basin to open and read the meter. This makes it difficult for the operator to read the
daily flow, a requirement of the NPDES permit. This flowmeter must be repositioned for
the safety of the operator.
Aeration Basins Yes No NA NE
Mode of operation Ext.Air
Type of aeration system Diffused
Is the basin free of dead spots? 0 n n ❑
Are surface aerators and mixers operational? n n 0 n
Are the diffusers operational? ■ n n n
Is the foam the proper color for the treatment process? ■ n n ❑
Does the foam cover less than 25%of the basin's surface? ■ n n n
Is the DO level acceptable? n n n ■
Is the DO level acceptable?(1.0 to 3.0 mgll) n Cl n 0
Comment:
Secondary Clarifier Yes No NA NE
Is the clarifier free of black and odorous wastewater? ■ n n n
Is the site free of excessive buildup of solids in center well of circular clarifier? n n ■ n
Are weirs level? 0 n n n
Is the site free of weir blockage? 0 n n n
Is the site free of evidence of short-circuiting? 0 n n n
Pal 4
Permit: NCO042358 owner-Facility: Adams Apple Condominiums WA`TP
Inspection Date: 0 812 7/2 0 0 9 Inspection Type: Compliance Evaluation
Secondary Clarifier Yes No NA NE
Is scum removal adequate? ■ 0 0 0
Is the site free of excessive floating sludge? ■ 0 0 ❑
Is the drive unit operational? 0 0 ■ ❑
Is the return rate acceptable(low turbulence)? ■ n 0 ❑
Is the overflow clear of excessive solids/pin floc? ■ n 0 ❑
Is the sludge blanket level acceptable?(Approximately'/.of the sidewall depth) n n n ■
Comment:
Disinfection-Tablet Yes No NA NE
Are tablet chlorinators operational? B 0 0 0
Are the tablets the proper size and type? ■ 0 0 ❑
Number of tubes in use? 2
Is the level of chlorine residual acceptable9 n n n ■
Is the contact chamber free of growth,or sludge buildup? ■ n n n
Is there chlorine residual prior to de-chlorination? 0 0 n ■
Comment:
De-chlorination Yes No NA NE
Type of system? Tablet
Is the feed ratio proportional to chlorine amount(1 to 1)? n n n n
Is storage appropriate for cylinders? 0 0 i 0
#Is de-chlorination substance stored away from chlorine wntainers? ® n 0 0
Comment:
Are the tablets the proper size and type? ® in n n
Are tablet de-chlorinators operational? ® n n n
Number of tubes in use? 2
Comment:
Page# 5
1
ow
,( ar t rs?
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Water Quality Lab and Operations, Inc.�
P.O. Box 1167
1522 Tynecastle Highway
Banner Elk,NC 28604
Phone 828-898-6277 Fax 828-898 6255 I'
Nu I J zuU9 J
nur,Cirr secrioN
Ash'VILLE N16IONALD` ICE
Water Quality Lab and Operations
P.O. Box 1167
Banner Elk,NC 28604
NCDWQ
Roger Edwards
2090 US Highway 70
Swamumoa,NC 28778
July 21,2009
Adam Apple W WTP Permit Number NC0042358 received a violation dated July 10,
2009 for the failure to monitor temperature on the March DMR. This was an oversight
on the operator's part; an amended DMR has been submitted to NCDENR. If you have
any questions feel free to contact Judd Brewer at Water Quality Labs at 828-898-6277.
ank you,
Jadd Brewer
Water Quality
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
July 10,2009
Mr.Larry Lehning
Adams Apple Homeowners Association Inc.
1208 Kelly Court
Cary,North Carolina 27511
Subject: NOTICE OF VIOLATION
NOV-2009-MV-0100
Permit No.NCO042358
Adams Apple Condominiums W WTP
Avery County
Dear Mr.Lehning:
A review of Adams Apple Condominiums W WTP's monitoring report for March 2009 showed the following violations:
Parameter Date Measuring Violation
Frequency
Temperature 3/07/09 5 X Weekly Failure to Monitor
Temperature 3/14/09 5 X Weekly Failure to Monitor
It was also noted that the Compliance box on the back of the DMR was marked"Compliant"when in fact it
should have been marked"Non-Compliant"with an explanation of the reason for the non-compliance.
Remedial actions should be taken to correct this problem. The Division of Water Quality may pursue enforcement
action for this and any additional violations of State law.
To prevent further action,carefully review these violations and deficiencies and respond in writing to this office within
10 working days of receipt of this letter. You should address the causes of non-compliance and all actions taken to prevent the
recurrence of similar situations.
If you should have any questions,please do not hesitate to contact Janet Cantwell or me at 82M96-4500.
Si�nceerely,.//77 Ln //'n/
Allt 4 7� �( " L b2
Roger C.Edwards,Regional Supervisor
Surface Water Protection Section
cc: DWQ Asheville Files
DWQ Central Files
Water Quality Lab&Operations/ ORC
G:\WPDATA\DEMWD\Avery\42358 Adams Apple Condo\42358 NOV-2009-MV-0100.doc i 1p, caro'na
r a/�1tdd
Noah Carolina Division of Water quality 2090 U.S.Highway 70 Swannanca,N.C. 28778 Phone(828)296-4500 Customer Service
Internet: www.ncwaterouartvcro FAX (828)299-7043 1-877-623-6748
I
< °--X
Water Quality Lab and Operations, Inc.
P.O. Box 1167/ 1522 Tynecastle Highway
/ Banner Elk,NC 28604
Phone 828-898-6277 Fax 828-898-6255 2 _22_-_ pp E
D[�
FM6 MN]
Janet Cantwell WATER ouauiw NOTION
NCDENR a_yfnu ai_cign!nLoFgcc
Asheville Regional Office
Division of Water Quality
2090 US Highway 70
Swannanoa,NC 28778
Re: NOV for Adams Apple
The wastewater plant at Adams Apple condominiums W WTP was frozen on January 1,
31 and February 1, 2009, which sustained the wastewater plant at no flow. An amended
DMR will be issued showing there was no flow at the plant on that particular day. -
If you have any questions, feel free to contact myself,Jadd Brewer, at Water Quality Lab
and Operations,Inc. 828-898-6277.
Sincerel
Jadd Brewer
Water Quality Lab and Operations,Inc.
ETA
I E c4', a
RUDER
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
April 29, 2009
Mr. Larry Lehning
Adams Apple Homeowners Association Inc.
1208 Kelty Court
Cary, North Carolina 27511
Subject: NOTICE OF VIOLATION
NOV-2009-MV-0081
Permit No. NC0042358
Adams Apple Condominiums WWTP
Avery County
Dear Mr.Lehning:
A review of Adams Apple Condominiums W WTP's monitoring report for February 2009 showed the following
violation:
Parameter Date Measuring Violation
Frequency
Continuous Flow 02I0112009 Continuous Failure to Monitor
It was also noted that the Compliance box on the back of the DMR was marked "Compliant"when in fact it
should have been marked"Non-Compliant"with an explanation of the reason for the non-compliance.
Remedial actions should be taken to correct this problem. The Division of Water Quality may pursue
enforcement action for this and any additional violations of State law.
To prevent further action, carefully review these violations and deficiencies and respond in writing to this
office within 10 working days of receipt of this letter. You should address the causes of non-compliance and all
actions taken to prevent the recurrence of similar situations.
If you should have any questions, please do not hesitate to contact Janet Cantwell or me at 828/296-4500.
Sincerely,
Roger C. Edwards, Regional Supervisor
Surface Water Protection Section
r. cc: DWQ Asheville Files
DWQ Central Files
Water Quality Lab&Operations/ORC
G:\WPDATA\DEMWC)vwery\42358 Adams Apple Condo\42358 NOV-2009-MV-0081.doc IJ"hCaro Ma
�ntrrrn}ly
Nodh Carolina Division of Water quality 2090 U.S.Highway 70 Swannanoa,N.C. 28778 Phone(828)296-4500 Customer Service
Internet: www.ncwaleroualivoro FAX (828)299-7043 1-877.623-6748
w r
CL,
RUDER
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
April 29, 2009
Mr. Larry Lehning
Adams Apple Homeowners Association Inc.
1208 Kelty Court
Cary, North Carolina 27511
Subject: NOTICE OF VIOLATION
NOV-2009-MV-0080
Permit No. NC0042358
Adams Apple Condominiums WWTP
Avery County
Dear Mr. Leming:
A review of Adams Apple Condominiums W WTP's monitoring report for January 2009 showed the following
violations:
Parameter Date Measuring Violation
Frequency
Continuous Flow 01/01/2009 Continuous Failure to Monitor
Continuous Flow 01/31/2009 Continuous Failure to Monitor
It was also noted that the Compliance box on the back of the DMR was marked"Compliant"when in fact it
should have been marked "Non-Compliant"with an explanation of the reason for the non-compliance.
Remedial actions should be taken to correct this problem. The Division of Water Quality may pursue
enforcement action for this and any additional violations of State law.
To prevent further action, carefully review these violations and deficiencies and respond in writing to this
office within 10 working days of receipt of this letter. You should address the causes of non-compliance and all
actions taken to prevent the recurrence of similar situations.
If you should have any questions, please do not hesitate to contact Janet Cantwell or me at 8281296-4500.
Sincerely,
Roger C. Edwards, Regional Supervisor
Surface Water Protection Section
cc: DWQ Asheville Files
DWQ Central Files
Water Quality Lab& Operations/ORC
GAWPDATA\DEMWQWvery\42358 Adams Apple Condo\42358 NOV-2009-MV-0080.doc on
Npp;;thCarIo///ma
�VU6UC
North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,N.C. 28778 Phone(828)296-4500 Customer Service
Internet: www.ncwate reual'tvore FAX (828)299-7043 1.877-523�6746
n
tW*rQuality Lab&Operations, Inc.
PO Box1167, Banner Elk, NC,28604
Pbone: 828-898-6277 Fax: 828-898-6255
Adams Apple
NPDES #NCO042358
Adams Apple Homeowners
P.O. Box 2137
Banner Elk, NC 28604
Here is your ANNUAL WASTEWATER TREATMENT REPORT(AWTR) along with
a sample letter that you may send to your customers if you like. You may rewrite the
sample letter to say what you wish to your customers. Please fill out the bold text in the
sample letter if you wish to use it.
A copy of the AWTR has been sent to the state, so you may not modify the AWTR.
Thank you for letting us be of service to you,if you have any questions about the AWTR,
feel free to call me at(828) 898-6277. Thank you again for your time.
Sincerely,
pz�/
Paul Isenhour
Laboratory Supervisor I
Water Quality Lab & Operations, Inc.
VED
MAR 10 2009
�` � 0 -Cr III.J1
DENR ^ WATER QUALITY
fur I�A� 1 2opg �Lm� POINT SOURCE BRANCH
L,_..____..,.."-' LOTION
WATER OUALII'`(S=
AS Ir'VILLE R(�GIONFlL OFI?ICC
Annual Wastewater Treatment plant Report
Adams Apple
NPDES #: NCO042358
Date: 2/11/09
We are pleased to present to you this year's Annual Wastewater Treatment Plant Report.
This report is designed to inform you about the quality of the wastewater we discharge to
the receiving waters every day. Our constant goal is to protect the environmental waters
of North Carolina.We want you to understand the efforts we make to continually
improve the wastewater treatment process and protect our water resources. We are
committed to ensuring the quality of the receiving waters that we discharge to.
If you have any questions about this report or concerning your wastewater utility,please
contact Paul Isenhour at(828)898-6277.We want our valued customers to be informed
about their wastewater utility.
Let us first take this opportunity to give you a brief description of a Wastewater
Treatment Plant. The waters that go down the drain, follow many different pipes,and
ends up at the treatment plant. The wastewater goes through a bar screen that stops large
particles that are present(i.e., rags and papers). The water then goes to an aeration basin
where air is pumped into the water.This air supplies oxygen to bacteria that feed on the
solids that are in the water. The water then goes to the clarifier where the solids settle out.
The solids are pumped back to the aeration basin to give the bacteria a second chance to
feed.When there are too many solids in the plant, some of the solids are pumped to a
digester tank. In the digester,the bacteria have more time to feed on and reduce the
solids'volume.When the digester gets full, the solids are pumped from the tank and
taken to a larger facility. The clear water from the clarifier then goes to a tank for
disinfection.The two most prominent ways to disinfect the wastewater are chlorine and
ultraviolet light. Chlorine can be used as a gas or in solid tablet form.When chlorine is
used, there is generally a dechlorinating agent use to remove any excess chlorine from the
wastewater before it goes to the receiving water. When ultraviolet light(UV)is used, the
wastewater flows around the UV bulbs. Bacteria can not live when exposed to UV light,
so as the water passes the UV bulbs,the water in disinfected. Finally, after disinfection,
the treated wastewater goes into the receiving waters.
PERFORMANCE
The treatment plant did very well last year. We are very pleased to report that there were
no violations for the entire year. All of the samples that were taken for the plant were
under the limits set be the State Division of Water Quality.
NOTIFICATION
This annual report has been sent to the North Carolina Division of Water Quality and to
the owner of the wastewater system. The wastewater system owner has also been given a
letter that they can easily distribute to all their customers.The letter will inform the
customers that the annual report is available upon request to the owner of the system.
CERTIFICATION
I certify under penalty of law that this report is complete and accurate to the best of my
knowledge. I further certify that this report has been made available to the users or
customers of the named system and that those users have been notified of its availability
as per the NOTIFICATION section above.
aul Isenhour Date
Laboratory Supervisor
Water Quality Lab &Operations, Inc.
�0F WATF9Q (_ ^'n•e*...-.,»,.....„.,..,,,_,,.,. , Michael F. Easley,Governor
�O G 1 A William G. Ross Jr.,Secretary
North oli�a Department of Environment and Natural Resources
'n' � Coleen H.Sullins,Director
O .� .>...• � Division of Water Quality
Asheville Regional Office
SURFACE WATER PROTECTION SECTION
September 5, 2007
Mr. Larry Lehning, VP
Adams Apple HOA
1208 Kelty Court
Cary, NC 27511
SUBJECT: Compliance Evaluation Inspection
Adams Apple HOA W WTP
Permit No: NCO042358
Avery County
Dear Mr. Lehning:
Enclosed please find a copy of the Compliance Evaluation Inspection form from the
inspection conducted on August 30, 2007.
Due to the excellent job performed by the contract operations firm and based on the
quality of the effluent, this office is judging this inspection as compliant. However, the Division
has serious concerns regarding the lack of maintenance and potable water on-site. These are
permit (NC0042358) conditions and are not being met. If corrective actions are not taken
before the next inspection, this facility will receive a Notice of Violation and be subject to civil
penalties.
Please refer to the enclosed inspection report for additional observations and comments.
If you or your staff should have any questions, please call me at 828-296-4500 extension 4662.
Sincerely,
�" p
Wanda P. Frazier
Environmental Specialist
Enclosure
cc: Jadd Brewer/ John Austin, ORC N0'�thCaroI a
Central Files Aataralr
Asheville Files
2090 US Hwy 70,Swannanoa, NC 28778 Telephone:(828)296-4500 Fax: (828)299-7043 Customer Service 1-877-623-6748
Untied Stales Environmental Protection Agency FFO-Alpmigton.0C 2o460 EPA Elide N
Did,No 40-0
05➢
Water Compliance Inspection Report pires 8-31-98
Section A: National Data System Coding(i.e.,Ft
Transaction Code NPDES yconalday Inspection Type Inspector Fee Type
1 L 2 1 5I 31 NC0042358 111 121 07/08/30 1 17 191 rU 1 19I U
s 201
J J emarks u
2111111111111111111111111 R1IIIIIIIIIIIIIIIIIIIII116
Inspection Work Days Facility Self-Monitoring Evaluation Rating 31 OA ---------------------------Reserved--------------------
62L 1.0 169 ]OJJ 71 LJ 72J 731 /5L 1 I I I 90
Section 3: 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)
11:45 Am 07/08/30 04/02/01
Adams Apple BEA
Nc Bwy 105 Exit TimelDate Permit Expiration Date
Banner Elk NC 28604 12.15 PM 07/08/30 07/09/30
Names)of Onsite Representative(s)/Titles(s)/Phone and Fax Numbers) Other Facility Data
Sohn Franklin Austin/ORC/828-898-6277/
Name,Address of Responsible Ofcialaitle/Phone and Fax Number
Mark W Veea,Hwy 105 Manner Elk NC 28604/Property Contacted
Manager/028-898-6321/8288985352 Yes
Section C: Areas Evaluated During Inspection(Check only those areas evaluated)
Permit 1♦Operations&Maintenance 0 Records/Reports 1♦Self-Monitoring Program
Facility Site Review Effluent/Receiving Waters
Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary)
(See attachment summary)
Names)and Signatures)of Inspectors) Agency/Office/Phone and Fax Numbers Data
Benda
,P Frazier n Arco WQ//828-296-4500 Ext.4662/
Signature of Management 0 A Reviewer Agency/Office/Phone and Fax Numbers Date
o 0, G `t 5 D
EPA Form 3560-3(Rev 9-94)Previous editions are obsolete.
Page# 1
NPDES yrlmolday Inspection Type (coot.) 1
3 NCo042318 I11 12 07/08/30 I17 181 _1
Section D: Summary of FindinglComments(Attach additional sheets of narrative and checklists as necessary)
Treatment Units / Process Control Testing/ Effluent Data:
The activated sludge aeration basin process control data was as follows:
Temperature= 22.0 degrees Celcius
pH = 6.7 units
Dissolved Oxygen = 4.94 mg/I
Tip: The ideal level for dissolved oxygen in the aeration basin is generally i to 3 mg/I.
Seasonal changes in temperature require the adjustment of the aeration timer to achieve ideal
dissolved oxygen levels.
Settleable Solids = 250 ml/I = 25%
Tip: Using the settleability test, the return sludge pumping rate is usually set so that the
flow rate is approximately equal to the percentage volumes occupied by the settleable solids
from the aeration basin after settling for 30 minutes in a settleometer. For example, a
settleability of 30% would generally indicate a recommended return sludge pumping rate of 30%.
Having the percent settleable solids (i.e. 30%)the same as the percent return sludge pumping
rate (i.e. 30e/), allows for the solids balance in the plant to be maintained. If the plant
cannot handle that return sludge pumping rate, then wasting is probably recommended, unless the
sludge is too young.
The effluent data was as follows:
Dissolved Oxygen = 5.4 mg/I
pH = 7.4 units
Temperature = 20.5 degrees Celcius
Chlorine= < 15 ug/I
Records & Reports:
A review of the files indicates that the last compliance evaluation inspection was
conducted on 8-24-2005 by Jim Reid.
The permit expires on 9-30-2007. A request for permit renewal is required to be submitted
6 months prior to expiration. A renewal notice was mailed as a reminder.
As of 8-22-2007,the Annual Compliance fee of$715.00 had not been paid. It was due on
6-16-2007. 1 contacted Mr. Larry Lehning, VP HOA, and spoke with him about this.
He requested that another bill be sent to him at his home (1208 Kelly Court; Cary NC 27511).
Page# 2
n C-11
Permit: NCO042358 Owner-Facility: Adams Apple HOA
Inspection Date: 08/30/2007 Inspection Type: Compliance Evaluation
I contacted Fran McPherson in the Central office. She is sending another notice/bill to
the Cary address. -
The log book was present on-site and had good notation of daily events.
Operations& Maintenance /Summary:
The effluent appeared to be clear, indicating compliance with permit limits.
The operator was on-site during the inspection and is doing a good job.
This facility appears to be very old and in need of replacement. The surfaces have not been
properly maintained are very corroded. The structural integrity may be in question.
There are many very serious safety hazards that need to be addressed immediately.
There is no safe access to the wastewater treatment plant. It sits above ground
on the side of a hill. There are no steps,just a muddy steep bank to climb with
nothing to hold on to. Steps and a handrail are needed to access the plant.
The top of the wastewater treatment plant is not accessible to the operator or
inspector. There are no steps leading to the top from the ground level. Part of
the plant is covered with (chicken)wire screens framed in wood. None will support
walking on, as most are rusted through and have holes. There are a few metal grates
scattered around the top, but they are rusted through, as well. In addition, there
are no handrails on top of the plant. Sturdy metal grating covering the entire
surface of the plant and safety rails around the perimeter are needed.
The return sludge line was so badly corroded that it had to be replaced. The old
pipe is still on-site as evidence of the condition of the plant's metal surfaces.
The aeration blowers are very old. The aeration basin is in need of more diffuser
drops on the opposite side, so that the activated sludge is properly aerated and basin
contents "roll" properly to prevent the settling-out of sludge.
There is no potable water on-site. There once was, but the line was cut when one of
the condo units was condemned and burned. The operator has to carry a portable
pump to the site to wash down the plant. Not having potable water on-site is
unsanitary and unacceptable.
The existing sampler is very old and does not work. It is still on-site, inside
a green cooler. The operator is currently using one (Isco) owned by WQ Labs.
The permit requires that samples be collected by a flow proportional, composite
sampler and be refrigerated during the 24-hour sampling event.
The flow meter is veryold and was improperly installed. It sits on top of the
plant and faces backwards in the flow meter box. The operator has to stand on
a rail, on top of the plant, holding on to the flow meter stand (corroded) and
Page N 3
Permit: N00042358 Owner-Facility: Adams Apple HOA
Inspection Date: 08/30/2007 Inspection Type: Compliance Evaluation
lean all the way around the box to read the flow. There are no walkways or
handrails to stand on or hold to. While reading the flow,the operator is about
10 feet above the ground. If he slipped or fell there would be nothing to
catch him except the chlorine contact tank down below. Considering the remoteness
of the facility(in the woods away from anyone), such an injury could be fatal.
The fencing around the facility is very pooly construced and appears to be temporary
at best. It is not at even heights, nor are the fence posts straight and rigid.
All in all, the plant is in horrible condition and poses many very serious safety
hazards. Immediate plans should be made to remedy these safety and housekeeping
items as soon as possible. The HOA is liable for injuries and OSHA fines for safety
violations.
Future plans to replace this plant needs to be discussed and provisions made to do so.
I
I
'I
l
I
1
Page# 4
Permit: N00042358 Owner-Facility: Adams Apple HOA
Inspection Date: 08/3012007 Inspection Type: Compliance Evaluation
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? Cl ■ U ❑
Is access to the plant site restricted to the general public? ■ ❑ ❑ ❑
Is the inspector granted access to all areas for inspection? ■ ❑ ❑ ❑
Comment:
Bar Screens Yes No NA NE
Type of bar screen
a.Manual ■
b.Mechanical ❑
Are the bars adequately screening debris? ❑ ■ ❑ ❑
Is the screen free of excessive debris? ■ ❑ ❑ ❑
Is disposal of screening in compliance? ■ ❑ ❑ ❑
Is the unit in good condition? ❑ ■ ❑ ❑
Comment: The bars in the bar screen are too far apart. They are approximately 1 to
1.25 inches apart. They should be about 0.75 inches apart.
The unit is badly corroded.
Comment: The bars in the bar screen are too far apart. They are approximately 1 to
1.25 inches apart. They should be about 0.75 inches apart.
The unit is badly corroded.
Aeration Basins Yes No NA NE
Made of operation Ext Air
Type of aeration system Diffused
Is the basin free of dead spots? ■ ❑ ❑ ❑
Are surface aerators and mixers operational? ❑ ❑ ■ ❑
Are the diffusers operational? ■ ❑ ❑ ❑
Is the foam the proper color for the treatment process? ■ ❑ ❑ ❑
Does the foam cover less than 25%of the basin's surface? ■ ❑ ❑ ❑
Is the DO level acceptable? ■ ❑ ❑ ❑
Is the DO level acceptable?(1.0 to 3.0 mgll) ❑ ❑ ■ ❑
Comment:
Page# 5
Permit: N00042358 Owner-Facility: Adams Apple HOA
Inspection Date: 1113012017 inspection Type: Compliance Evaluation
De-chlorination Yes No NA NE
Are tablet de-chlorinators operational? 0 0 0
Number of tubes in use? 4
Number of tubes in use? 4
Comment:
Operations & Maintenanw Yee No NA NE
Is the plant generally clean with acceptable housekeeping? ■ D D 0
Does the facility analyze process control parameters,for ex:MLSS,MCRT,Settleable Solids,pH,DO,Sludge ■ D D D
Judge,and other that are applicable?
Comment:
Effluent Sampling
Yes No NA NE
Is composite sampling flaw proportional? 0 0 D
Is sample collected below all treatment units? ■ D 0 D
Is proper volume collected? ■ D 0 D
Is the tubing clean? D D D
Is proper temperature set for sample storage(kept at 1.0 to 4.4 degrees Celsius)? 0 0 D
Is the facility sampling performed as required by the permit(frequency,sampling type representative)? ■ D D D
Comment:
Effluent Pips Yes No NA NE
Is right of way to the cutfall properly maintained? 0 0 0 0
Are the receiving water free of foam other than trace amounts and other debris? ■ D D ❑
If effluent (diffuser pipes are required) are they operating properly? ❑ D ■ 0
Comment:
Page# 7
J4
4 bwater Quality lab&Operations, Inc.O V e v
PO Box 1167, Banner Elk,NC,2B604 /
Phone: 828-898-6277 Fax: 828-898-6255 _ p�
Adams Apple
NPDES # NCO042358 APR 0 2008
Adams Apple Homeowners P.O. Box 2137 JA
.._,_. a+r suuRr,. en cit
Banner Elk, NC 28604
Here is your ANNUAL WASTEWATER TREATMENT REPORT(AWTR)along with
a sample letter that you may send to your customers if you like. You may rewrite the
sample letter to say what you wish to your customers. Please fill out the bold text in the
sample letter if you wish to use it.
A copy of the AWTR has been sent to the state, so you may not modify the AWTR.
Thank you for letting us be of service to you, if you have any questions about the AWTR,
feel free to call me at(828) 898-6277. Thank you again for your time.
Sincerely,
// tisour—
LaboratoryPanl Supervisor
Water Quality Lab &Operations, Inc. r I i I r
n`I IVIi 1 (11 IOC
�d
Annual Wastewater Treatment Plant Report
da
Adams Apple
NPDES#: NCO042358 -
Date: 2/13/08 ! APR l p zpoR
oEs.W� a
We are pleased to present to you this year's Annual Wastewater Treatment Plant Report.
This report is designed to inform you about the quality of the wastewater we discharge to
the receiving waters every day. Our constant goal is to protect the environmental waters
of Nortfi Carolina. We want you to understand the efforts we make to continually
improve the wastewater treatment process and protect our water resources. We are
committed to ensuring the quality of the receiving waters that we discharge to.
If you have any questions about this report or conceming your wastewater utility,please
contact Paul Isenhour at(828)898-6277.We want our valued customers to be informed
about their wastewater utility.
Let us first take this opportunity to give you a brief description of a Wastewater
Treatment Plant. The waters that go down the drain, follow many different pipes, and
ends up at the treatment plant. The wastewater goes through a bar screen that stops large
particles that are present(i.e.,rags and papers).The water than goes to an aeration basin
where air is pumped into the water. This air supplies oxygen to bacteria that feed on the
solids that are in the water. The water then goes to the clarifier where the solids settle out.
The solids are pumped back to the aeration basin to give the bacteria a second chance to
feed. When there are too many solids in the plant, some of the solids are pumped to a
digester tank. In the digester,the bacteria have more time to feed on and reduce the
solids' volume. When the digester gets full, the solids are pumped from the tank and
taken to a larger facility.The clear water from the clarifier then goes to a tank for
disinfection. The two most prominent ways to disinfect,the wastewater are chlorine and
ultraviolet light. Chlorine can be used as a gas or in solid tablet form. When chlorine is
used, there is generally a dechlorinating agent use to remove any excess chlorine from the
wastewater before it goes to the receiving water. When ultraviolet light(UV) is used,the
wastewater flows around the UV bulbs. Bacteria can not live when exposed to UV light,
so as the water passes the UV bulbs, the water in disinfected. Finally, after disinfection,
the treated wastewater goes into the receiving waters.
PERFORMANCE
The treatment plant did very well last year. We are very pleased to report that there were
no violations for the entire year. All of the samples that were taken for the plant were -
under the limits set be the State Division of Water Quality.
NOTIFICATION
This annual report has been sent to the North Carolina Division of Water Quality and to
the owner of the wastewater system. The wastewater system owner has also been given a
letter that they can easily distribute to all their customers. The letter will inform the
customers that the annual report is available upon request to the owner of the system.
CERTIFICATION
I certify under penalty of law that this report is complete and accurate to the best of my
knowledge. I further certify that this report has been made available to the users or
customers of the named system and that those users have been notified of its availability
as per the NOTIFICATION section above.
ulIsenhour Date
Laboratory Supervisor
Water Quality Lab & Operations,Inc.
�j � W/{Te - Michael F.Easley Governor
�O 94 / William QpussJ Se etary - ,
G 1 Norlh Carolina Department _nvlmnment$Atl J,JaturallRespLrces
� � Alan Wti Klimek,ftI IIE Dlrectac ..
> -� Division of Water Quality
� Y
Asheville Regional Once
SURFACE WATER PROTECTION
September 14, 2005
Mr. Mark W. Vass
Adams Apple Racquet Club
Post Office Box 707
Banner Elk INC 28604-0707
SUBJECT: Notice of Violation
Adams Apple Racquet Club
Wastewater Treatment Plant
Permit Number NCO042358
Avery County
Dear Mr. Vass:
Enclosed please find a copy of the Compliance Sampling Inspection report from
the inspection conducted on August 24, 2005. The facility was judged to be non-
compliant with Condition C.2. Of permit number NC0042358, requiring proper operation
and maintenance of all treatment and control systems. Specifically, the chlorine contact
tank had deteriorated to the extent that structural failure appeared likely.
Additionally, the steel components of the package plant had rusted to the point that
coating (painting) would be recommended. Many additional years of utility can be derived
from those systems on which paint is adequately maintained.
On or before September 30, 2005 please respond in writing describing what
actions are planned or have been taken to provide an adequate chlorine contact tank.
Your attention is appreciated. Kindly contact Mr. James Reid at telephone number 828-
296-4651 if there are questions or matters with which this agency could be of assistance.
Sincerely,
Roger C. Edwards, Regional Supervisor
Surface Water Protection
Asheville Regional Office
Enclosure
cc: Jadd Wesley Brewer, ORC
Central Files
Asheville Files N`hCaroiina
aturallb
2090 U.S.Highway 70,Swannanoa,NC 28778 Telephone:(828)296-4500 Fax:(828)299-7043 Customer Service 1 877 623-6748
( l
United Slates Environmental Protection Agency
EPA
Washington,D.C.20460 FAppal
oved
r!1 040-0057
Water CO section Report
xpires 8-31-98
Section A: National Data System Coding(i.e., PCS)
Transaction Code NPDES ydmolday Inspectlon Type Inspector Far,Type
1 1 �
2 L'1J 31 NC0042358 11 121 05I)8/24 17 18u 19u 20u
Remaffis
21IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIlI66
Inspection Work Days Facility Self-Monitoring Evaluation Rating B CI
A
A,� --------------------Reservetl-----------------
67I L'J 69 70 71 U 72 E 73 W 74 75LJ_LJ_LLJJBC
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)
Aaams Apple coaaominiuma 11:45 AN 05/08/24 04/02/01
NC Hwy 105 Exit Time/Date Permit Expiration Date
Banner Elk NC 28604 12:10 PM 05/08/24 O7/09/30
Name(s)of Onsite Representativegilties(s)IPhone and Fax Number(s) Other Fedllty Data
Sawa Nesley BrecedoRC/828-898-6692/
Name,Address of Responsible Of icial/Titleminone and Fax Number
mark 11 vese,Bwy 105 Canner Elk NC 20604/Propeniy Contacted
Idaaagar/828-890-6321/0288985352 No
Section C: Areas Evaluated During Inspection(Check only those areas evaluated)
Permit 0 Flow Measurement Operations&Maintenance Records/Reports
Self-Monitoring Program 0 Sludge Handling Disposal Facility Site Review .Effluent/Receiving Waters
Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary)
(See attachment summary)
Names)and Signatures)of Inspector(s) Agency/OffcelPhone and Fax Numbers Date
Sa R Reiit ARC IIQ//02e-296-4500 Ext.4651/
Ye P Id os
Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date
d. ?1111111
EPA Form 660-3(Rev 9-94)Previous editions are obsolete.
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Is the facility as described in the permit? 0 0 0
Are there any special condition,for the permit? 0 0
Is access tothe plant site restricted to the general public? CK 0 0 0
Is the Inspector granted access to all areas for inspection? IPi
Comment: ^'f
Q,crat one RM } Yes No NA NF
Is the plant generally clean with acceptable housekeeping? M 0 0 0
Does the facility analyze process control parameters,for ex:MLSS,MCRT,Settleable Solids,pH,00,Sludge re Judge, ❑ ❑ ❑
and other that a applicable?
Comment:
Bar Screen,
Vpe No NA NF
Type of bar screen
overeat
ItHechanical 0
Are the bars adequately screening debris? I�InnJ 0 0 0
Is the screen free of excessive debris? ry 0 0 0
Is disposal of screening in compliance? 0 0 0
Is the unit in good condition? jo 0 0 0
Comment:
Faualivrdno Ras us Vec No NA NF
Is the basin aerated? 0 0 X 0
Is the basin free of bypass line.Pr strppppppuctures to in .natural environment? ❑ 0 0 0
Is the basin has of excessive r ase� 0 0 0 0
Are all pumps present? 0 0 Cl 0
Are all pumps operable? 0 0 0 0
Are goat controls operable? 0 0 0 0
Are audible and visual alarms operable? ❑ 0 0 ❑
Is basin size/volume adequate? 0 0 0 0
Comment:
Secondary Clar far Yoe No NA NF
Is the clarifier free of black and odorous wastewater? ❑ 0 ❑
Is the site free of excessive buildup of solids in center well of dreular clanger? ,�' ❑ 0 ❑
Are weirs level? Ir741C F 0 0 0 D4
Is the site from of weir blockage? 0 0 0
Is the site free of evidence of short-circuiting? 0 ❑
Is scum removal adequate? ®' ❑ 0 0
Is the site free of excessive floating sludge? ®'0 0 ❑
Is the drive unit operational? ❑ 0 Be 0
Is the return rate acceptable(low turbulence)? 0 0 0 ❑
Is the overflow clear of excessive solids/pin tiro? IE 0 0 ❑
Is the sludge blanket level acceptable?(Approximately''/.of the sidewall depth) �' ❑ ❑ ❑
Comment:
Aeration Basins Yes No NA NE
Mode of operation
Aeration Rosins
yes No NA NF
Type of aeration system ��F✓`a C(J AtIL
Is the basin free of dead spots? Q Q Q
Are some.aerators and mixers operational? Q Q le Q
Are the diffusers operational? Q Q Q
Is the foam the proper color for the treatment process? Q Q Q
Dees the foam coverless than 25%of the basin's surface? Q Q Q
Is the DO level acceptable? Q Q Q W
Is the DO level acceptable?(1.0 to 30 mgll) Q Q Q EK
Comment:
I Indentinn-Tahlat
Vac No NA NF
Are tablet chlorinators operational? Q Q Q
Are the tablets the proper size and type? Q Q Q
Number of tubes in use? Y'
Is the level ofchlodne residual acceptable? Q Q Q Q
Is the contact chamber free of growth,or sludge buildup? R Q Q Q
Is there chlorine residual prior to de-chlorination? Q Q Q R
Comment:
❑P-ch mr rumm Vnc No NA NF
Type of system 7
4�
Is the feed ratio proportional to chlorine amount(1 to 1)? ja Q Q Q
Is storage appropriate for cylinders? Q Q Q
Is de-chlorination substance stared away from chlorine containers? tali Q Q
Comment: 7�
Are the tablets the properslze and type? Q Q Q
Are tablet de-chlorinators operational? UK.Q Q Q
Number of tubes in use?
Is the feed ratio proportional to chlorine appropriate?(Approximately ratio 1:1) �❑ Q Q
Comment
Flov,Meaeuremant-Fri Vex No NA NF
Is flow meter used for reporting? W Q Q Q
Is Oow meter calibrated annually? Q Q Q
Is the flow meter operational? ® Q Q Q
(If units are separated)Does the chart recorder match the flow meter? ❑ ❑ �1
Comment
Effluent Semi ng yes No NA NIP
Is composite sampling flow pmpodional? Q Q Q
Is sample collected below all treatment units? 11 Q Q Q
a proper volume wtraded? Q ❑ Q
Is the tubing clean? Q Q Q
Is proper temperature set for sample storage(kept at 1.0 to 4.4 degrees Celsius)? ❑ Q 0 '9
Is the faculty sampling performed as required by the permit(frequency,sampling type representative)? 'E'Q Q ❑
Comment:
Solids He net no Fowarrant Yes No NA NF
Is the equipment operational? 'M 11 13 0
Solids Handl'nn Fg 'current yez No NA NF
Is the chemical feed equipment operational? 0 A
Is storage adequate? El C3
Is the site free of high level of solids In filtrate from filter presses or vacuum filters? ❑ ❑ R ❑
Is the site free of sludge buildup on belts and/or rollers of filter press? ❑ ❑ p.
Is the site free of excessive moisture in bell filter press sludge cake? ❑ ❑ 55 El
The facility has an approved sludge management plan? ❑ ❑ 01,❑
Comment:
I i
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I
AVERY COUNTY INSPECTIONS&PLANNING DEPARTMENT
P.O.BOX 596
NEWLAND,NC 28657
TELEPHONE: (828)733.8204 FAX: (828)733-8216
February 11,2000 D
F® � b 2tl�►
Ms. Linda Bush M
116 Adams Apple Drive WATER IjktI 14 oVic
No. 963 pSNEV11.E
Banner Elk,N.C. 28604
RE: Stop Work Order(Adams Apple Cluster 92)Units 3 &6
Dear Ms.Bush,
This letter is to document the"Stop Work Order"placed on Units 3 &6 of Cluster#2 of
the Adams Apple Home Owners Association. The order is issued under North Carolina
General Statutes [143-138(b) 153A-357, 160A-417] with violation of these sections
constitutes aClass 1 misdemeanor. As owner of said property, you must comply with the
building.permit process and construct the deck to commercial standard as provided in the
North Carolina Building Code Volume 1.
I spoke to Mr. David Ramsey,President of the Home Owners Association and advised
him that I would be taking pictures of Cluster#2 Condominiums to further document the
additional structure and building code violations which are present.
This letter will also serve as notification to the North Carolina Division of Water Quality
and be sent to Mr. Mike Parker,Environmental Chemist and Field Inspector for the
Division of Water Quality,for the encroachment of the 30 foot buffer area for the high-
quality waters of the Watauga River.
All work shall cease and desist until all permitting is properly handled through all y. 6
agencies and entities concerned. �Q/ ��aar.✓ 'I p
Very truly yours, Go'^1°
Tom Burleson,Director
Avery County Inspections&Planning Department
cc: Doug Hall,County Attorney Oi,a
Don Baker,County Manager '�^✓' 6"� a
Mike Parker,Environmental Chemist&Field Inspector
ar
� �,sl
r
AVERY COUNTY PLANNING AND INSPECTIONS DEPARTMENT.
P.O. BOX 696
NEWLAND, NC 28657
TELEPHONE: 704 733-8204 FAX: 704 733-8216
December 31, 1997
Mr. Lloyd Martin
920 Albany court
Raleigh, NC 28615
Dear Mr. Martin,
This letter is to verify the information you received on Dec. 9th. ,
1997 that your project will conform within the guidelines of Avery
County Ordinances and the North Carolina Department of Environment,
Health and Natural Resources, Division of Water Quality Regulations.
The Adams Apple Subdivision is an existing subdivision of record and
the tracts are exempt from the present county subdivision
regulations. The ground disturbing activity is less than one square
acre, so a Sedimentation and Erosion Plan is not required to be
submitted to this office. I do expect you to take any measures
necessary to keep sedimentation from getting into the stream. The
building site has a small stream on it called "Shanty Springs" which
has a D.W.Q. classification of High Quality Waters. The Division of
Water Quality requires a 30 foot undisturbed buffer from the stream
and also a maximum 12% .built upon area. The built upon area includes
all impervious surface area which is in conjunction with the
residential structure you propose to build. Adams Apple has it's own
waste treatment plant which is in good standings with the North
Carolina permit to discharge effluent sewage at this time and all new
construction has to be placed on their waste water system.
The Avery County Planning and Inspections Department does not foresee
anything that would prohibit your single family dwelling to be built
in Adams Apple Subdivision. The plans and building site must be
submitted to this office for approval before a building permit is
issued and as we discussed, the project will be site specific and the
regulations of the N.C. Division of Water Quality must be adhered to.
I wish you the most success with your new home. If you have any
questions, please feel free to contact this office.
Sin ours
11 xl
Tommy B r eson, Department Head
Avery curt
In ..
Department
cc: Mr. Mike Parker
VgA7-j� Michael F. Easley, Governor
Q William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
>
Coleen H. Sullins, Director
Division of Water Quality
twaL�+sJ,a.e'�v!+2;3t;.aj,:i::xr.�.s4�aEvai:+sir:,�
SURFACE WATER PROTECTION SECTION
•u,.a:a?c.�:.�ens�t�iht�:ars;w:a3,.uav,,,
September 4, 2007
.Adams Apple Condomium Assoc
PO Box 2137
Banner Elk, NC 28604
SUBJECT: Wastewater Collection System
Owner & Operator Requirements
Adams Apple HOA
NCO042358
Avery County
Dear Sir or Madam:
I would like to take this opportunity to discuss the requirements for sewerage collection
systems that were first established in 15 NCAC .02H .0200 in March 2000 and are now found in
15 NCAC 2T .0403, Waste Not Discharged to Surface Waters, which became effective
September 1, 2006. These Regulations place significant operation, maintenance and reporting
requirements on those entities that own or operate a wastewater collection system with average
daily flows of less than 200,000 gallons per day.
These regulations are applicable to your facility. This letter is provided as guidance
to assist you in complying with the new reporting and operations `and maintenance (O&M)
requirements and to advise you that you are subject to system review, inspections and possible
enforcement, if the system is not in compliance with the regulation.
For your convenience and easy reference, a highlight of these requirements and the
following guidance are offered (see enclosed). You may find the regulations using the following
web site: http://h2o.enr.state.nc.us/peres/Collection%20Systems/CoflectionSystems Home htmI
The Asheville Regional Office will be increasing the level of oversight, compliance
activities and enforcement relating to collections systems, therefore, we wanted to be sure you
are aware of the requirements for these systems. We will be performing NPDES Wastewater
Collection System inspections sometime in the near future.
One
NorthCarolina
,Xi7h1Pl711y
North Carolina Division of Water Quality 2090 US Hwy 70; Swannanoa, NC 28778 Phone (828) 296-4500
Internet: www..ncwaterquality.org Customer Service 1-877-623-6748 FAX (828) 299-7043
An Equal Opportunity/Affirmative Action Employer — 50% Recycled/10% Post Consumer Paper
September 4, 2007
Page 2 of 2
If this Office has not previously inspected your wastewater collection system and records
of same, you should be prepared to demonstrate compliance with all criteria listed above.
Enclosed is an inspection form that you can use to assemble your records prior to an inspection
,by the staff of.,' -this: office.
This Office has a Wastewater Treatment Plant Consultant on staff to offer assistance to
you in complying with the requirements of these regulations. Should you have questions or
need additional information regarding this issue, please contact Don Price at (828) 296-4500.
Should you have any other questions concerning this correspondence or the
requirements relating to collection systems, please contact Roy Davis or Keith Haynes at 828-
296-4500.
Sincerely,
I
Roger C. Edwards, Supervisor
Surface Water Protection Section
cc: Deborah Gore - PERCS Unit - w/out enclosures
- SWPS - Central Office Files - w/out enclosures
F . 4d_an.s App1� NCO bL;L3S8
SPILL RESPONSE PLAN EVALUATION
1. Do you have a current 24 hour contact list which includes phone numbers of key personnel and/or
contractors?_XYes No (If Yes, please attach)
2. Do you have an equipment list which includes what functional equipment is available and where it is
located? X Yes No (If Yes, please attach)
3. Do you have the staff resources to make an on -site assessment of a spill with in two hours of notification
of the spill? X Yes No (If No, please explain below)
4. Please list your standard spill response procedures: See attached
5. Is your spill response plan readily available to all essential personnel? X Yes No
If No, please explain why:
6. Are all essential personnel familiar with the spill response plan and clearly understand its contents?
X Yes No
If No, please explain why:
In
41
JUL 14 Ic a.
U ALIiY
WATER QUALITY SERVICES, LABS
PO Box 1102 Banner Elk, NC 28604
Phone (704) 733-3142 Fax (704) 733-3143
24 HOUR CONTACT LIST
CONTACT
TITLE
COMPANY
PHONE
FAX
Diane Martin.-
Manager
PERMITTEE
28-963-6325 :
828-963-8688
WATER QUALITY
Dallas Brown
OPERATOR
SERVICES
828 .733-048
828-733-314
RUSTY TRAMMEL
DIRECTOR
WATER QUALITY
SERVICES
(828) 733-3142
(828) 733-3143
PAUL ISENHOUR
COLLECTION SYSTEM
WATER QUALITY
(828) 297-5869
SUPERVISOR
SERVICES
A-1
DON RICHARDSON
OWNER
APPALACHIAN
(828) 264-2450
PUMPING
CHARLES CHURCH
OWNER
CHURCH
PUMPING
(828) 297-5608
STEVE GILLIAMS
OWNER
GILLIAMS
(828) 898-9405
CONSTRUCTION
WATER QUALITY SERVICES, LABS
PO Box 1102 Banner Elk, NC 28604
Phone (704) 733-3142 Fax (704) 733-3143
EMERGENCEY EQUIPMENT LIST
EQUIPMENT
3" MUD PUMP
GASOLINE
HAND TOOLS
BACKHOE
PUMP TRUCK
LOCATION
CONTACT
WATER QUALITY SERVICES
RUSTY
OFFICE
TRAMMEL
WATER QUALITY SERVICES
RUSTY
OFFICE
TRAMMEL
WITH OPERATOR
OPERATOR
STEVE
GILLIAMS COSTRUCTION
GILLIAMS
DON
A-1 APPALACHIAN PUMPING
RICHARDSON
L
WATER QUALITY SERVICES, LABS
PO Box 1102 Banner Elk, NC 28604
Phone (704) 733-3142 Fax (704) 733-3143
SPILL RESPONSE PLAN
STEP 1: RECEIVE NOTIFICATION ABOUT SPILL.
STEP 2: CONTACT OPERATOR OF PLANT CORRESPONDING TO COLLECTION SYSTEM.
STEP 3: OPERATOR GOES TO SPILL SITE TO MAKE AN ASSESSMENT OF THE SPILL.
STEP 4: OPERATOR CONTACTS WQS OFFICE TO GIVE AN UPDATE ABOUT SPILL.
STEP 5: PEOPLE AND EQUIPMENT ARE GATHERED TO STOP SPILL.
STEP 6: SPILL IS CONTAINED.
STEP 7: CLEANUP OF SPILL SITE, LIME WILL BE APPLIED.
STEP 8: CONTACT DIVISION OF WATER QUALITY AT CORRESPONDING REGIONAL OFFICE
WITHIN 24 HOURS OF FIRST NOTIFICATION OF THE SPILL.
r— -niece i area 1. 2 and .1 a �. o,gna
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North Carolina Department of Environmental Quality
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