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HomeMy WebLinkAboutNCG550113_Regional Office Physical File Scan Up To 6/4/2020 State of North Carolina Department of Environment, Health and Natural Resources �� Division of Environmental Management James B. Hunt, Jr., Governor ��� Jonathan B. Howes, Secretary A , A. Preston Howard, Jr., P.E., Director L_ , V September 30,1993 BOYD L STEWART STEWART, BOYD L.(RESIDENCE) 161-226 SOUTH BAKERSVII-LE NC 28705 Subject: STEWART, BOYD L.(RESIDENCE) Certificate of Coverage NCG550113 General Permit NCG550000 Formerly NPDES Permit NC0044474 Mitchell County Dear Permittee: The Division of Environmental Management has recently evaluated all existing individual permits for potential coverage under general permits currently issued by the Division. 15A N.C.A.C.2H .0127 allows the Division to evaluate groups of permits having similar discharge activities for coverage under general permits and issue coverage where the Division finds control of the discharges more appropriate in this manner.The Division has determined that the subject discharge qualifies for such coverage. Therefore,the Division is hereby issuing the subject Certificate of Coverage under the state-NPDES general permit no.NCG550000 which shall void NPDES Permit NC0044474. This Certificate of Coverage is issued pursuant to the requirements of North Carolina and the US Environmental Protection Agency Memorandum of Agreement dated December 6,1983 and as subsequently amended. If any parts,measurement frequencies or sampling requirements contained in this general permit are unacceptable to you,you have the right to submit an individual permit application,associated processing fee and letter requesting coverage under an individual permit. Unless such demand is made,this decision shall be final and binding. Please take notice this Certificate of Coverage is not transferable. Part E,Ek addresses the requirements to be followed in case of change of ownership or control of this discharge. In the event that the facilities fail to perform satisfactorily, including the creation of nuisance conditions, the Permittee shall take immediate corrective action, including those as may be required by this Division, such as the construction of additional or replacement wastewater treatment or disposal facilities. Construction of any wastewater treatment facilities will require issuance of an Authorization to Construct from this Division. Failure to abide by the requirements contained in this Certificate of Coverage and respective general permit may subject the Permittee to an enforcement action by the Division of Environmental Management in accordance with North Carolina General Statute 143-215.6A to 143-215.6C. Please note that the general permit does require monitoring in accordance with federal law. The monitoring data is not required to be submitted to the Division unless specifically requested,however, the permittee is required to maintain all records for a period of at least three (3) years. Post Office Box 29535,Raleigh,North Carolina 27626-0535 Telephone(919)733-5083 FAX(919)733-9919 An Equal Opportunity Affirmative Action Employer 50%recycled-10%post-consumer paper Page 2 BOYD L STEWART STEWART, BOYD L.(RESIDENCE) Certificate of Coverage No. NCG550113 The issuance of this Certificate of Coverage is an administrative action initiated by the Division of Environmental Management and therefore,no fees are due at this time. In accordance with current rules,there are no annual administrative and compliance monitoring fees for coverage under general permits. The only fee you will be responsible for is a renewal fee at the time of renewal. The current permit expires July 31,1997. This coverage will remain valid through the duration of the attached general permit. The Division will be responsible for the reissuance of the general permit and at such time,you will be notified of the procedures to follow to continue coverage under the reissued permit. Unless you fail to follow the procedures for continued coverage,you will continue to be permitted to discharge in accordance with the attached general permit. The issuance of this Certificate of Coverage does not preclude the Permittee from complying with any and all statutes,rules,regulations,or ordinances which may be required by the Division of Environmental Management or permits required by the Division of Land Resources,the Coastal Area Management Act or any Federal or Local other governmental permit that may be required. If you have any questions or need additional information regarding this matter, please contact either the Asheville Regional Office,Water Quality Section at telephone number 704/251-6208,or a review engineer in the NPDES Group in the Central Office at telephone number 919/733-5083. A.Preston Igowar .,P.E. cc: Asheville Regional Office Central Files STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT, HEALTH,AND NATURAL RESOURCES DIVISION OF ENVIRONMENTAL MANAGEMENT GENERAL PERMIT NO. NCG550000 CERTIFICATE OF COVERAGE No.NCG550113 TO DISCHARGE TREATED DOMESTIC WASTEWATERS FROM SINGLE FAMILY RESIDENCES AND SIMILIAR WASTEWATERS UNDER THE NATTONAL POLLUNTANT DISCHARGE ELIMINATION SYSTEM In compliance with the provision of North Carolina General Statute 143-215.1, other lawful standards and regulations promulgated and adopted by the North Carolina Environmental Management Commission,and the Federal Water Pollution Control Act,as amended, STEWART, BOYD L.(RESIDENCE) is hereby authorized to discharge treated domestic wastewater from a facility located at STEWART, BOYD L.(RESIDENCE) Mitchell County to receiving waters designated as the CRANBERRY BRANCH/FRENCH BROAD RVR BS in accordance with the effluent limitations,monitoring requirements,and other conditions set forth in Parts I,II, III and IV of General Permit No. NCG550000 as attached. This certificate of coverage shall become effective November 1, 1993. This Certificate of Coverage shall remain in effect for the duration of the General Permit. Signed this day,September 30, 1993. A.Preston Howar ,Jr.,P.E.,Director Division of Environmental Management By Authority of the Environmental Management Commission State of North Carolina h Department of Environment, A40 • JUL 1 6 LcM q Health and Natural Resources � d IU,rJ Division of Environmental Management orrr o hl > siu orl � 'Ivul rltlari.rFlcr James B. Hunt, Jr., Governor E H N F lBoyd than B. Howes, Secretary eston Howard, Jr., P.E., Director July 15, 1993 L. Stewart-226 South ersville,NC 28705 Subject: Permit No.NCO044474 Stewart Residence Mitchell County Dear Mr. Stewart: In accordance with your application for discharge permit received on February 18, 1993, we are forwarding herewith the subject state - NPDES permit. This permit is issued pursuant to the requirements of North Carolina General Statute 143-215 .1 and the Memorandum of Agreement between North Carolina and the US Environmental Protection agency dated December 6, 1983. If any parts, measurement frequencies or sampling requirements contained in this permit are unacceptable to you, you have the right to an adjudicatory hearing upon written request within thirty (30) days following receipt of this letter. This request must be in the form of a written petition, conforming to Chapter 150B of the North Carolina General Statutes, and filed with the Office of Administrative Hearings, Post Office Drawer 27447, Raleigh, North Carolina 27611 -7447. Unless such demand is made, this decision shall be final and binding. _ Please take notice this permit is not transferable. Part H, B.2. addresses the requirements to be followed in case of change in ownership or control of this discharge. This permit does not affect the legal requirements to obtain other permits which may be required by the Division of Environmental Management or permits required by the Division of Land Resources, Coastal Area Management Act or any other Federal or Local governmental - permit that may be required. If you have any questions concerning this permit, please contact Mr. Mack Wiggins at telephone number 919/733-5083. Sincerely, Original Signed By Coleen H. Sullins A. Preston Howard, Jr Director cc: Mr. Jim Patrick, EPA Asheville.Regional Office P.O. Box 29535,Raleigh,North Carolina 27826-0535 Telephone 919-733-7015 FAX 919-733.2496 An Equal Opportunity Affirmative Action Employer 50%recycled/10%post-consumer paper Dw Permn�iQo. NCO04447' STATE OF NORTH CAROLINA DEPARTMENTDIVISION OFENVIRONMENTAL MANAGEMENTRESOURCES`. PERMIT TO DISCHARGE WASTEWATER UNDERTHE NATIONAL POLLUTANT DISCHARGE ELIMINATIQU SYSTEM In compliance with the provision of North Carolina General Statute 143-215.1, other lawful Management Commis on and the Felations deral Water Pollutiated and on Control Act,the lorth as amended, Environmental 4 l Boyd Stewart l is hereby authorized to discharge wastewater from a facility located at Stewart Residence off NC Highway 226 III Normanville Mitchell County to receiving waters designated as Cranberry Branch in the French Broad River Basin in accordance with effluent limitations,monitoring requirements,and other conditions set forth in parts I, II, and III hereof. This permit shall become effective August 1, 1993 This permit and the authorization to discharge shall expire at midnight on December 31, 1996 Signed this day July 15, 1993 Original Signed By Coleen H. Sullins A. Preston Howard, Jr., P.E., Director Division of Environmental Management By Authority of the Environmental Management Commission n n PermitNo. NC0044474�, SUPPLEMENT To PERMIT COVER SHEET Boyd Stewart is hereby authorized to: 1. Continue to operate an existing wastewater treatment system consisting of a septic tank and \ subsurface sandfilter located at Stewart Residence,off NC Highway 226, Normanville, Mitchell County (See Part III of this Permit),and 2. Discharge from said treatment works at the location specified on the attached map into Cranberry Branch which is classified Class C-Trout waters in the French Broad River Basin. �'. GEOL!� -ACAL, SURVEY 82°07'30' °90OF 01 •02 36°00' `: l- /�✓ f �\r � •� No �vl�/ � l�V `Q>\ \� ` I ,S\��� i 1 11'•n`l'� \ i) /- rjuti. e-�= \\�����✓i�� /` �/� -�\ �' ,-/!/-�� III II�� A. ().EFFLUENT LII&TATIONS AND MONITORING REQuIREh4ENTS FINAL Permit No. NCO044474 During the period beginning on the effective dare of the permit and lasting until expiration,the Perminee is authorized to discharge from outfall(s)serial number 001. Such discharges shall be limited and monitored by the pennittee as specified below: Effluent Charecterlstics Discharge Llmltatlons Monitoring Requirements Units (specifvl Measurement ,sample 'Sample Monthly Avg. Weekly Avg. Freguency Lan Location Flow 240 (PD BOD, 5 day, 2D1C 15.0 mg/I 22.5 mg/1 Total Suspended Residue 30.0 mg/I 45.0 mg/I NH3asN 4.0 mg/I 6.0 mg/l Dissolved Oxygen" Facal Coliform (geometric mean) 200.0/100 ml 400.0 1100 ml Total Residual Chlorine Temperature **The daily average dissolved oxygen effluent concentration shall not be less than 6.0 mg/l. The chlorinator shall be inspected weekly to ensure there is an ample supply of chlorine tablets for continuous disinfection of the effluent. 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. i PART I "Act" used herein means the Federal Water Pollution Control Act, As Amended. "DEM" used herein means the Division of Environmental Management of the Department of Natural Resources and Community Development. "EMC" used herein means the North Carolina Environmental Management Commission. Definitions e. The monthly average, other than for fetal coliform bacteria, is the arithmetic mean of all the composite samples collected in a one-month period. The monthly average for fecal coliform bacteria is the geometric mean of samples collected in a one-month period. b. The weekly average, other than for fecal eoli£orm bacteria, 1s the arithmetic mean of all the composite samples collected during a one-week period. The weekly average for fecal coliform bacteria is the geometric mean of samples collected in a one-week period. C. Flow, M3/day (MGD) : The flow limit expressed in this permit is the 24-hour average flow, averaged monthly.. It is determined as the arithmetic mean of the total daily flows recorded during the calendar month. an of et of s the d. suummationcof the individualID values n: The arithetic adivided nbyathe number of i of indi- vidual values. any t of is e Nth e Gemtric ofethetric mean individualfvaluesewherevNliss h equal to the number of individual values. The geometric mean is equivalent to the antilog of the arithmetic mean of the logarithms of the indi- vidualvalues. For purposes of calculating the geometric mean, values of zero (0) shall be considered to be one (1). parr 31 i A. MANAGEMENT REQUIREMENTS 1. Change in Discharge All discharges authorized herein shall be consistent wf.th the terms and conditions of this permit. . The discharge of any pollutant Identified in this permit more frequently than or at a level in excess of that authorized shall constitute a violation of the permit. Any anticipated facility expansions, production increases, or process modifications which will result in new, different, or increased discharges of pollutants must be reported by submission of a new NPDES application or, if such changes will not violate the effluent limitations specified in this permit, by notice to the DEM of such changes. Following such notice, the permit may be modified to specify and limit any pollutants not previously limited. 2. Facilities Operation The permittee shall at all times maintain in good working order and operate as efficiently as possible all treatment or control facili- ties or systems installed or used by the permittee to achieve con- plfance with the terms and conditions of this permit. 3. Adverse Impact f The permittee shall take all reasonable steps to minimize any adverse impact to navigable waters resulting from noncompliance with any effluent limitations specified in this permit, including such accel- erated or additional monitoring as necessary to determine the nature and impact of the noncomplying discharge. 4. Bypassing Any diversion from or bypass of facilities necessary to maintain com- pliance with the terms and conditions of this permit is prohibited, L except (I) where unavoidable to prevent loss of life or severe property damage, or (if) where excessive storm drainage or runoff would damage any facilities necessary for compliance with the effluent limitations and prohibitions of this permit. The permittee- effluent use shall promptly notify the Water Quality Section of DEM Thein pe miting of each such diversion or bypass. 5. Removed Substances Solids, sludges, filter backwash, or other pollutants removed in the course of treatment or control of wastewaters shall be disposed of in a manner such as to prevent any pollutant from such material from entering waters of the State or navigable waters of the United States. PART II b, Power Failures In order to maintain. compliance the pemittthe ee shallteitherations and \ prohibitions of this Permit, P a, Provide an alternater tiverol power o er o,rCe sufficient to operate the . ive power source is not in existence, or, if such alternat b. Halt, reduce, or otherwise control production and/or all dis- charges from wastewater control facilities upon the reduction. loss, or failure of the primary source of power to said waste- water control facilities. 4 4 B. RESPONSIBILITIES 1. Right of Entry The permittee shall allow the Director of the Division their nviron- auchor- mental Management, the Regional Administrator, ized representatives, upon the presentations of credentials: a. To enter upon the permittee's premises where an effluent source is located or in which any records are required to be kept under the terms and conditions of this permit; and b. At reasonable times to have access to and copy any records required to be kept under the terms and conditions of this permit; to inspect any monitoring equipment or monitoring method required in this permit; and to sample any discharge Of pollutants. 2. Transfer of Ownership or Control This permit is not transferable. In the event of any change in con- trol or ownership of plated.facilities from shall which the notifytheischarge prospec- - - emanates or is contemplated, tive owner or controller by letter of the existence of this Permit ermit in the name of the and of the need of the letterp prospective shall be forwarded to the Division of caner. A copy Environmental Management. 3, permit Modification After notice and opportunity for a he pursuant to NCCS 143-215.! (b) (2) and NCCS 143-215.1(a) respectively, this permit may be modi- fied, suspended, or revoked in whole or in part during its term for cause including, but not limited to, the following: PART II / a. Violation of any terms nr conditions of this permit; b. Obtaining this permit by misrepresentation or failure to disclose fully all relevant facts; or c. A change in any condition that requires either a temporary or permanent reduction or elimination of discharge. the authorized 4. Civil and Criminal Liability Except as provided in permit conditions on "Bypassing" (Part II . A-4) and "Power Failures (Part II, A-6), nothing in this permit shall be construed to relieve the permittee from civil or criminal penalties for noncompliance pursuant to NCCS 143-215.6 or Section 309 of the Federal Act, 33 USC 1319. i. 5. Property Rights .The issuance of this permit does not convey any property rights in either real or personal property, or any exclusive privileges, nor does it authorize any injury to private property or any invasion of personal rights, nor any infringement of Federal, State, or local laws or regulations. 6. Severability The provisions of this permit are severable, and if any provision uL this permit, or the application of any provision of this permit to any circumstance, ie held invalid, the application of such provision to other circumstances, and the remainder of this permit shall not be affected thereby. 7. Expiration of permit Permittee Is not authorized to discharge after the expiration date. In order to receive authorization to discharge beyond the expiration date, the permittee shall submit such information, forms, no later and fees r as are required by the agency authorized to issue permits than 180 days prior to the expiration date. My discharge without dischar a permit after the expiration will subject the permithartee to enforce- ment procedures as provided in NCCS 143-215.6 and 33 USC 1251 at seq. .. PART III A. PREVIOUS PERMITS All previous State water quality Permits issued to this facility, �\ whether for construction or operation, or discharge, are hereby \ revoked by issuance of this permit. The conditions, requirements. terms, and provisions of this permit authorizing discharge under the National Pollutant Discharge Elimination System govern discharges from this facility. g. CONSTRUCTION f cilities or additions thereto No construction of wastewater treatment fa E shall be begun until Final Plans and Specificec ions have been submitted to the Division of Environmental Management and written approval and Authorization to Construet have been issued. If no objections to Final Plans and Specificattions have been made by the DEM after 30vdays follow'. in receipt of the lams or issuance of this permit, Ik the plans may be considered approved and construction authorized. C. SPECIAL CONDITIONS 1. The Permittee shall be responsible for the following items regard- ing the maintenance of the treatment system: maintain d at l tires to a seepage Ofksewage oreeffluents eto the prevent surface of theground. b. Septic tanks need routine maintenance and should be checked at lease yearly to determine if solids need to be removed or other maintenance performed. c. Contents removed from septic tanks shall be discharged into an approved sewer system, buried or plowed under at an approved location within 24 hours, or otherwise disposed of at a location and in a manner approved by the State or local agency. 2. The permittee shall properly connect to an operational publicly- owned wastewater collection system within 180 days of its availability to the site. D. Disposal Alternatives The Pennittee shall continually evaluate all wastewater disposal alternatives and pursue the most environmentally sound alternative of the reasonably cost effective alternatives. If the facility is in substantial non-compliance with the terms and conditions of the NPDES permit or governing rules,regulations,or laws, the petmittee shall submit a report in such form and detail as required by the Division evaluating these alternatives and a plan of action within sixty (60)days of notification by the Division. Perms t No. NCO044474 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT, HEALTH, AND NATURAL RESOURCES DIVISION OF ENVIRONMENTAL MANAGEMENT PERMIT TO DISCHARGE WASTEWATER UNDER THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM In compliance with the provision of North Carolina General Statute 143-215.1, other lawful standards and regulations promulgated and adopted by the North Carolina Environmental Management Commission,and the Federal Water Pollution Control Act,as amended, Boyd Stewart is hereby authorized to discharge wastewater from a facility located at Stewart Residence off NC Highway 226 Normanville Mitchell County to receiving waters designated as Cranberry Branch in the French Broad River Basin in accordance with effluent limitations,monitoring requirements,and other conditions set forth in Parts I, B, and III hereof. This permit shall become effective This permit and the authorization to discharge shall expire at midnight on December 31, 1996 Signed this day S �. . A. Preston H wa Z Jr`H-P. ., Director Division of En nmental Management By Authority of the Environmental Management Commission Permit No. NC0044474 SUPPLEMENT TO PERMIT COVER SHEET Boyd Stewart is hereby authorized to: 1. Continue to operate an existing wastewater treatment system consisting of a septic tank and subsurface sandfilter located at Stewart Residence,off NC Highway 226, Notmanville, Mitchell County (See Part III of this Permit),and 2. Discharge from said treatment works at the location specified on the attached map into Cranberry Branch which is classified Class C-Trout waters in the French Broad River Basin. GEOa JICAI, SURVEY 36'00'0T30" Inn. ` `00 `01 102 5' UMMM Asa }. j��,: A. ().EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS FINAL Permit No. NCO044474 During the period beginning on the effective date of the permit and lasting until expiration,the Pennittee is authorized to discharge from outfall(s)serial number 001. Such discharges shall be limited and monitored by the permittee as specified below: Effluent Characteristics Discharge Limitations Monitorina Reaulrements Units (specify) Measurement Semple *Semple Monthly Avg. weekly Ava. Freauencv .. Type Location Flow 240 (PD BOD, 5 day, 200C 15.0 mg/I 22.5 mg/l Total Suspended Residue 30.0 mg/l 45.0 mg/l NH3 as N 4.0 mg/1 6.0 mg/l Dissolved Oxygen— Fecal Coliform (geometric mean) 200.0 /100 ml 400.0 1100 ml Total Residual Chlorine Temperature **The daily average dissolved oxygen effluent concentration shall not be less than 6.0 mg/1. The chlorinator shall be inspected weekly to ensure there is an ample supply of chlorine tablets for continuous disinfection of the effluent. 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. J ENVIRDI r I• North Carolina Department of Natural R ear. Resources &Community Development ° James B.Hunt,Jr.,Governor James A.Summers,Secretary RE rC ,JeV7E'b Water Quality Division\ April 19, 1984 APR 24 1984 Mr. Boyd Stewart Route 3 Western Regional Office Bakersville, NC 28705 Asheville, North Carolina Subject: Permit No. NCO044474 Stewart (Boyd) Residence Mitchell County Dear Mr. Stewart: In accordance with your application for discharge permit received March 2, 1984, we are forwarding herewith the subject State - NFDES permit. This permit is issued pursuant to the requirements of North Carolina General Statutes 143-215.1 and the Memorandum of Agreement between North Carolina and the U. S. Environmental Protection Agency dated December 6, 1983. If any parts, requirements, or limitations contained in this permit are unacceptable to you, you have the right to an adjudicatory hearine before a hearing officer upon written demand to the Director within 30 days following receipt of this permit, identifying the specific issues to be contended. Unless such demand is made, this permit shall be final and binding. Please take notice that this permit is not transferable. Part TI, B.2. addresses the requirements to be followed in case of change in owner- ship or control of this discharge. This permit does not affect the legal requirement to obtain other permits which may be required by the Division of Environmental Management. If you have any questions concerning this permit, please contact Ms. Helen S. Fowler at telephone number 919/733-5083. Sincerely yours, original Signed By FORREST R. WESTALL FOR Robert F. Helms �1P cc: Mr. dim Patrick, EPA J Asheville Regional Supervisor p�r R O.Box 27687 Raleigh,N.C.27611 7687 py( An Equal Opportunity Affirmative Action Empioyer Permit No.� NO 1 R Wal\ APR,. Womern Mega. Asheville, NohH, STATE OF NORTH CAROLINA DEPARTMENT OF NATURAL RESOURCES 6 COMMUNITY DEVELOPMENT \ DIVISION OF ENVIRONMENTAL MANAGEMENT P E R M I T \ To Discharge Wastewater Under the NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM - In compliance with the provisions of North Carolina General Statute 143-215.1, other lawful standards and regulations promulgated and adopted by the North Carolina Environmental Management Commission, and the Federal Water Pollution Control Act, as amended, Mr. Boyd Stewart is hereby authorized to discharge wastewater from a facility located at Boyd Stewart Residence NO Highway 226 Mitchell County to receiving waters designated Cranberry Branch in the French Broad River Basin in accordance with effluent limitations, monitoring requirements, and other conditions set forth in Parts I, II, and III hereof. This permit shall become effective April 19, 1984 This permit and the authorization to discharge shall expire at midnight on March 31, 1989 Signed this day of April 19, 1984 QflMinal Signed fly ?� MUST R WESTALL FOR Robert F. Helms, Director Division of Environmental Management By Authority of the Environmental Management Commission M1 9 I1 Permit No. N\ SUPPLEMENT TO PERMIT COVER SHEET Mr. Boyd Stewart is hereby authorized to: 1. Enter into a contract for the construction and operation of a 300 square foot subsurface sand filter trench to be operated in conjunction with an existing septic tank, and 2. Make an outlet into Cranberry Branch, and 3. After receiving an Authorization to Constructct and from the Division of Environmental Management, 0 square foot subsurface sand filter trench to be operated in conjunction with an existing septic tank located in the Ledger Community adjacent to North Carolina Highway 226, Mitchell County, North Carolina (Subject to Part III of this permit) , and works into unnamed 4. Discharge Cranberry Branch which isclassified ��CnTTout"watersutary to 3 w A. (1). EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS Final During the period beginning on the effective date of the Permitand lasting until ekpiration, the permittee is authorized to discharge from outfall(s) serial number(s) ool. Such discharges shall be limited and monitored by the permittee as specified below: Effluent Characteristics Discharge Limitations Monitoring Requirements Kgjday (lbsldff) Other-Units (Specify) Measurement Sample Sample Monthly Avg. Weekly Avg. Monthly Avg. ee y yg. —frequency Type Location Flow 300 GPD - BOD, SDay, 200C 30 mg/1 45 mg/i TSS 30 mg/1 45 mg/1 l J .. CI fD P� N O � Z The pH shall not be less than 6.0 standard units nor greater than 9.0 standard units and r .� shall be monitored n/a F o There shall be no discharge of floating solids or visible foam in other than trace amounts. ` PART I "Act" used herein means the Federal Water Pollution Control Act, As Amended. "DEM" used herein means the Division of Environmental Management of- the Department of Natural Resources and Community Development. "EMC" used herein means the North Carolina Environmental Management Commission. Definitions a. The monthly average, other than for fecal coliform bacteria, is the arithmetic mean of all the composite samples collected in a one-month period. The monthly average for fecal coliform bacteria is the geometric mean of samples collected in a one-month period. b. The weekly average, other than for fecal coliform bacteria, is the arithmetic mean of all the composite samples collected during a one-week period. The weekly average for fecal coliform bacteria is the geometric mean of samples .collected in a one-week period. c. Flow, M3/day (MGD) : The flow limit expressed in this permit is the 24-hour average flow, averaged monthly. It is determined as the arithmetic mean of the total daily flows recorded during the calendar month. d. Arithmetic Mean: The arithmetic mean of any set of values is the summation of the individual values divided by the number of indi- vidual values. e. Geometric Mean: The geometric mean of any set of values is the Nth root of the product of the individual values where N is equal to the number of individual values. The geometric mean is equivalent to the antilog of the arithmetic mean of the logarithms of the indi- vidual values. For purposes of calculating the geometric mean, values of zero (0) shall be considered to be one (1). n n PART II A. MANAGEMENT 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 permit. Any anticipated facility expansions, production increases, or process modifications which will result in new, different, or increased discharges of pollutants must be reported by submission of a new NPDES application or, if such changes will not violate the effluent limitations specified in this permit, by notice to the DEM of such changes. Following such notice, the permit may be modified to specify and limit any pollutants not previously limited. 2. Facilities Operation The permittee shall at all times maintain in good working order and operate as efficiently as possible all treatment or control facili- ties or systems installed or used by the permittee to achieve com- pliance with the terms and conditions of this permit. 3. Adverse Impact . The permittee shall take all reasonable steps to minimize any adverse impact to navigable waters resulting from noncompliance with any effluent limitations specified in this permit, including such accel- erated or additional monitoring as necessary to determine the nature and impact of the noncomplying discharge. 4. Bypassing Any diversion from or bypass of facilities necessary to maintain com- pliance with the terms and conditions of this permit is prohibited, except (i) where unavoidable to prevent loss of life or severe property damage, or (11) where excessive storm.drainage or runoff would damage any facilities necessary for compliance with the effluent limitations and prohibitions of this permit. The permittee shall promptly notify the Water Quality Section of DEM in writing of each such diversion or bypass. 5. Removed Substances Solids, sludges, filter backwash, or other pollutants removed in the course of treatment or control of wastewaters shall be disposed of in a manner such as to prevent any pollutant from such material from entering waters of the State or navigable waters of the United States. PART II 6. Power Failures In order to maintain compliance with the effluent limitations and prohibitions of this permit, the permittee shall either: a. Provide an alternative power source sufficient to operate the wastewater control facilities; or, if such alternative power source is not in existence, b. Halt, reduce, or otherwise control production and/or all dis- charges from wastewater control facilities upon the reduction, loss, or failure of the primary source of power to said waste- water control facilities. B. .RESPONSIBILITIES 1. Right of Entry The permittee shall allow the Director of the Division of Environ- mental Management, the Regional Administrator, and/or their author- ized representatives,. upon the presentations of credentials: a. To enter upon the permittee's premises where an effluent source is located or in which any records are required to be kept under the terms and conditions of this permit; and b. At reasonable times to have access to and copy any records required to be kept under the terms and conditions of this permit; to inspect any monitoring equipment or monitoring method required in this permit; and to sample any discharge of pollutants. 2. 'Transfer of Ownership or Control This permit is not transferable. In the event of any change in con- trol or ownership of facilities from which the authorized discharge emanates or is contemplated, the pemittee shall notify the prospec- tive owner or controller by letter of the existence of this permit and of the need to obtain a permit in the name of the prospective owner. A copy of the letter shall be forwarded to the Division of Environmental Management. 3. Permit Modification After notice and opportunity for a hearing pursuant to NCGS 143-215.1 (b) (2) and NCGS 143-215.1(e) respectively, this permit may be modi- fied, suspended, or revoked in whole or in part during its term for cause including, but not limited to, the following: n n PART II a. Violation of any terms or conditions of this permit; b. Obtaining this permit by misrepresentation or failure to disclose fully all relevant facts; or c. A change in any condition that requires either a temporary or permanent reduction or elimination of the authorized discharge. 4. Civil and Criminal Liability Except as provided in permit conditions on 'Bypassing" (Part LI, A-4) and "Power Failures (Part II, A-6), nothing in this permit shall be construed to relieve the permittee from civil or criminal penalties for noncompliance pursuant to NCGS 143-215.6 or Section 309 of the Federal Act, 33 USC 1319. 5. Property Rights The issuance of this permit does not convey any property rights in either real or personal property, or any exclusive privileges, nor does it authorize any injury to private property or any invasion of personal rights, nor any infringement of Federal, State, or local. laws or regulations. 6. Severability, The provisions of this permit are severable, and if any provision of this permit, or the application of any provision of this permit to any circumstance, is held invalid, the application of such provision to other circumstances, and the remainder of this permit shall not be affected thereby. 7. Expiration of Permit Permittee is not authorized to discharge after the expiration date. In order to receive authorization to discharge beyond the expiration date, the permittee shall submit such information, forms, and fees as are required by the agency.authorized to issue permits no later than 180 days prior to the expiration date. Any discharge without a permit after the expiration will subject the permittee to enforce- ment procedures as provided. in. NCGS 143-215.6 and 33 USC 1251 at seq.. PART III A. PREVIOUS PERMITS All previous State water quality permits issued to this facility, whether for constructionor operation, or discharge, are hereby - revoked by issuance of this permit. The conditions, requirements, terms, and provisions of this permit authorizing discharge under the National Pollutant Discharge Elimination System govern discharges from this facility. B. CONSTRUCTION No construction of wastewater treatment facilitiesor additions thereto shall be begun until Final Plans and Specifications have been submitted to the Division of Environmental Management and written approval and Authorization to Construct have been issued. If noobjections to Final Plans and Specifications have been made by .the DEM.after 30 days follow- ing receipt of the plans or issuance of this permit, whichever is latter, the plans may. be considered approved and construction authorized. C. SPECIAL CONDITIONS 1. The Permittee shall be responsible for the following items regard- ing the maintenanceof the treatment system: a. Septic tanks shall be maintained at all times to prevent seepage of sewage or effluents to the surface of the ground. b. Septic tanks need routine maintenance and should be checked at least yearly to determine if solids need to be removed or other maintenance performed. c. Contents removed from septic tanks shall be discharged into an approved .sewer system, buried or plowed under at an approved location within 24 hours, or otherwise disposed of at a location and in a manner approved by the State or local agency. 2. The permittee shall properly connect to an operational publicly- owned wastewater collection system within 180 days of its availability to the site. Engineer Date Rec. # - . NPDES WASTE LOAD ALLOCATION i`C) —Q `- ti Facility Name: CP Date: 3- .2- ii �� - Exstng ( � cJa Permit No. : Akoo D +*4 7f Pipe No. : 'Q�/ County: 17� Proposed cea .— Design Capacity FMCdj}="' . 300 (sl p p Industrial (% of Flow) : .Domestic (% of Flow) : /tea 4 f f`.. I Receiving Stream: e Croabrrly Class: Sub-Basin: ®4—D3 -' d� a �/ ,� // t 3 Reference USGS Quad: (Please attach) Requester: 14/ s aty'siJ .Regional Office (Guideline limitations, if applicable, are to be listed on the back of this form.) wa Design Temp. : Z"' C- Drainage Area: Avg. Streamflow:. r- t 7Q10: • a Winter 7Q10: 30Q2: e y Location of D.O.minimum (miles below outfall) : Slope: 16 T 5 Velocity (fps) : O.I K (base e, per da 200C) : 0,5S K2 B y 1 y, 2 (base e, per day, 200C) i '- e H Effluent - Monthly Effluent Monthly i m Characteristics Average Comments Characteristics Average 1 Comments Fk 4-1 s(J U - .0 L Y W F r Original Allocation4'� �� -` Cnea CQ.w��. 'Revised Allocation F-1 Date(s) of Revision(s) (Please attach previous allocation) Confirmation Prepared By: �4 r& C1l l �Q-b�tJ� Reviewed By: �`Gr '�7 . /v`-:/'� � Date: N l` 1 � . `F'3' 4"'6' 1-06 REQUEST WASTELOAIi ALLOCATION APPROVAL-FORM FACILITY NAME BOYB STEWART RESIDENCE 'LYPE OF WASTE i DOMESTIC BOUNTY a MITCHELL, I':::'.:SIONAL OFFICE 3 ASHEVILLE REOUESTOR : HELEN FOWLER ,.ECEIVINO STREAM CRANBERRY BRANCH SUHDA;SIN t 040305 7010 , 0 , 2 CFS W700 . CPS 3002 . CFS P:RA INAGE AREA : 0 , n SC .MI . STREAM REAM CLASS : C—TR RECOMMENIE:D E:FFL.UENI LIMAS mmp V C , lmov 1 000Z'. LIMITS APF'! Y TO SUMMER AND WINTER . AL CJ a :.. Mli . Z," CwL CFr"� 5e. a > s: r.r:araa ,: - -. IS _-jpOS],_D ( i EXISTING, i ✓') NEW REVISION ( i C 'ONFIR.MAK ON � OF c- F "` , "H O.,E RF4I OI!5LY I5SUELi " .E.l"i r._Z./u ' _' J_a----_DATE :3AZ— q,_— tfIF r .. r'L.T; C CP.C'lJ F' .__DATE REGIONAL r,.:.R kiTTS MANAGE!, DIVISION OF ENVIRONMENTAL MANAGEMENT December %, "C-B I V E D Water Quality Division Mr, Boyd Stewart UFV 111978 Route 3 Western Re Bakersvllle, NC 28705 Asheville, g'onal Office North Carolina Subject: Permit No. MCOO44474 Boyd Stewart Residence Mitchell County Dear Mr. Stewart: In accordance with your application for discharge Permit received November 10, 1978, we are forwarding herewith the subject State - NPDES Permit. This Permit Is Issued pursuant to the requirements of North Carolina General Statutes 143-215.1 and the Memorandum of Agreement between North Carolina and the U. S. Environmental Protection Agency dated October 19, 1975. If any parts, requirements, or limitations contained In this Permit are unacceptable to you, you have the right to an adjudicatory hearing before a hearing officer upon written demand to the Director within 30 days following receipt of this Permit. Identifying the specific Issues to be contended. Unless such demand Is made, this Permit shall be final and binding. Please take notice that this Permit Is not transferable. Part 11 , 8.2. addresses the requirements to be followed In case of change In ownership or control of this discharge. This Permit does not affect the legal requirement to obtain other Permits which may be required by the Division of Environmental Management. If you have any questions concerning this Permit, please contact us. Sincerely yours, Original Signed by L. P. BENTON, JR. A. F. McRorie Director cc: astern Field Office Mr. George Harlow, EPA "'A ll' \td - I [ iv,t y,N i -f o9 , 1-nvi i ° i ri:, r;r��a Pb MI liln4r p,.r Mo, Phi na & i ."r, If-lo r f r:v, " ' 11i ) T'O lidpo'Y C11 1 11 i � ,• 8i I IiO'I':`,! pi - . JI Of'. " s � ! ! " ti it ': . fr :,ail yr". nivs. 54 A rni r . piw HoA'L,J ( i, f r.i r , f 1 i, ' f: -rt. o} r, , it P ,i un; ,f, :, ' nr ! v 1 M, n :'.v.'i,:n d qu8 ( 1 it 3•,z " il i n,bl .71 a pi 1, r Vol .. n 1' : 1 , I ! 'Jti ra �n+i -I,, 1, iv i . •� i , I ,.t i, I V'�'. if ,a 7 L a.,:,'I ,en t t « fn . I , 1 1,.:1 fil , .p t o . In vil, / .A ur' '9 )Permit No. N00044474 STATE OF NORTH CAROLINA DEPARTMENT OF NATURAL RESOURCES & COMMUNITY DEVELOPMENT DIVISION OF ENVIRONMENTAL MANAGEMENT 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, Mr. Boyd Stewart is hereby authorized to discharge wastewater from a facility located at The Boyd Stewart Residence Wastewater Treatment Plant Mitchell County to receiving waters Cranberry Branch in the French Broad River Basin in accordance with effluent limitations, monitoring requirements, and other conditions set forth in Parts I , II, and III hereof. This permit shall become effective DEC 8 1978 This permit and the authorization to discharge shall expire at midnight on June 30, 1983 Signed this day of DEC 8 1975 Original .Signed by L. P.-BENTON, JR. A. F. McRorie, Director Division of Environmental Management By Authority of the Environmental Management Commission M 1 & I 1 NPDES Discharge Permit No. NCO044414 Mr. Boyd Stewart is hereby authorized to: 1 . Enter into a contract for the construction and operation of a 300 square foot subsurface sand filter trench to be operated In conjunction with an existing septic tank , and 2. Make an outlet into Cranberry Branch in the French Broad River, and 3. Construct and operate .a 300 square foot subsurface sand filter trench to be operated in conjunction with an existing septic tank located in the Ledger Community adjacent to North Carolina Highway 226, Mitchell County, North Carolina, subject to Part III condition No. C of this Permit, and 4. Discharge from said treatment works into an unnamed tributary to Cranberry Branch which is classified "C-Trout". M2 & ia A. O. EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS - During the period beginning the effective date of the Pe t and lasting until June 30, 1983, rom permittee is authorized to discharge f outfall(s serial number(s) . 001-Total Facility Discharge. Such discharges shall be limited and monitored by the permittee as specified below: :affluent Characteristics Discharge Limitations Monitoring Requirements Kg/day (lbs/day) Other Units (Specify) Measurement Sande Sample Daily Avg. Daily Max. Daily Avg. Daily Max. Frequency -� Location Flow, M3/Day (NGD) -- -- M gku:D003) T70(0:00045) -- -- -- `; 80D, 5-Day, 20 C -- -- 30 mg/l 45 mg/l -- -- -- Total Suspended Solids -- -- 30- mg/l 45 mg/1 -- -- -- z v v v nman p b S A R A ti �O �• O M The pH shall not be less than N/A standard units nor greater than N/A standard units and shall be monitored There shall be no discharge of floating solids or visible foam in other than trace amounts. Part I Page of Permit No. NCO044474 B. SCHEDULE OF COMPLIANCE 1. The permittee shall achieve compliance with the effluent limitations specified for discharges in accordance with the following schedule: Compliance with effluent limitations shall be achieved upon completion of the wastewater treatment facility and commencement of a discharge from the facility. 2. No later than 14 calendar days following a date identified in the above schedule of compliance, the permittee shall submit either a report of progress or, in the case of specific actions being required by identified dates, a written notice of compliance or noncompliance. In the latter case, the notice shall include the cause of noncompliance, any remedial actions taken, and the probability of meeting the next scheduled requirement. M4 & I4 Part I Permit No. NC "Act" used herein means the Federal Water Pollution Control Act, As Amended. "DE4" used herein means the Division of Environmental Management of the 0 . Department of Natural Resources and Community Development. "EMC" used herein means the North Carolina Environmental Management Commission. C. MOIIITORING AND REPORTING /�P: - 1 . Representative Sampling NOT FPi �. Samples and measurements taken as required herein shall be representative of the volume and nature of the monitored discharge. 2. Reporting Monitoring results obtained during the previous month(s) shalt be summarized for each month and reported on a Monthly Monitortng Report Form (DEM No. MR 1 .0, 1 .1 . and,1.4) , postmarked no later than the 45th day following the completed reporting period. The first report is due on . Duplicate signed copies of these, and all other reports required herein, shall be submitted to the following address: Division of Environmental Management Water Quality Section Post Office Box 27687 Raleigh, North Carolina 27611 3. Definitions a. The monthly average, other than for fecal coliform bacteria, is the arithmetic mean of all the composite samples collected in a one- month period. The monthly average for fecal coliform bacteria is the geometric mean of samples collected in a one-month period. b. The weekly average, other than for fecal coliform bacteria, is the arithmetic mean of all the composite samples collected during a one-week period. The weekly average for fecal coliform bacteria is the geometric mean of samples collected in a one-week period. c. Flow, M3/day (MGD): The flow limit expressed in this permit is the 24 hour average flow, averaged monthly. It is determined as the arithmetic mean of the total daily flows recorded during the calendar month. d. Arithmetic Mean: The arithmetic mean of any set of values is the summation of the individual values divided by the number of individual values. M5 i� Part I Page of Permit No. NC e. Geometric Mean: The geometric mean of any set of values is the Nth root of the product of the individual values where N is equal to the number of individual values. The geometric mean is equiva- lent to the antilog of the arithmetic mean of the logarithms of the individual values. For purposes of calculating the geometric mean, values of zero (0) shall be considered to be one (1). f. Composite Sample: A "composite sample" is any of the following: (1) Not less than four influent or effluent portions collected at regular intervals over a period of 24 hours and composited in proportion to flow. (2) Not less than four equal volume influent or effluent portions collected over a period of 24 hours at intervals proportional to the flow. (3) An influent or effluent portion collected continuously over a period of 24 hours at a rate proportional to the flow. g. Grab Sample: A "grab sample" is a single influent or effluent portion which is not a composite sample. The sample(s) shall be collected at the period(s) most representative of the total discharge. 4. Test Procedures Test procedures for the analysis of pollutants shall conform to the EMC regulations published pursuant to N. C. G. S. 143-215.63 et seq, The Water and Air Quality Reporting Act, and to regulations published pursuant to Section 304(g), 33 USC 1314, of the Federal Water Pollution Control Act, As Amended, and Regulation 40 CFR 136. 5. Recording Results For each measurement or sample taken pursuant to the requirements of this permit, the permittee shall record the following information: a. The exact place, date, and time of sampling; b. The dates the analyses were performed; and c. The person(s) who performed the analyses. M6 r, PART I Page of Permit No. NC 6. Additional Monitoring by Permittee If the permittee monitors any pollutant at the location(s) designated herein more frequently than required by this permit, using approved ana}ytical methods as specified above, the results of such monitoring shall be included in the calculation and reporting of the values required in the Monthly Monitoring Report Form (DEM No. MR l.D, 1 .1 , and 1.4) Such increased frequency shall also be indicated. The DEM may require more frequent monitoring or the monitoring of other pollutants not required in this permit by written notification. 7. Records Retention All records and information resulting from the monitoring activities required by this Permit including all records of analyses performed and calibration and maintenance of instrumentation and recordings from continuous monitoring instrumentation shall be retained for a minimum of three (3) years, or longer if requested by the Division of Environmental Management or the Regional Administrator of the Environmental Protection Agency. M7 PART II Permit No. NC A. MANAGEMENT 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 permit. Any anticipated facility expansions, production increases, or process modifications which will result in new, different, or increased discharges of pollutants must be reported by submission of a new NPDES application or, if such changes will not violate the effluent limitations specified in this permit, by notice to the DEM of such changes. Following such notice, the permit may be modified to specify and limit any pollutants not previously limited. 2. Non compliance Notification If, for any reason, the permittee does not comply with or will be unable to comply with any effluent limitation specified in this permit, the per- mittee shall provide the Division of Environmental Management with the following information, in writing, within five (5) days of becoming aware of such condition: a. A description of the discharge and cause of noncompliance; and b. The period of noncompliance, including exact dates and times; or, if not corrected; the anticipated time the noncompliance is expected to continue, and steps being taken to reduce, eliminate and prevent recurrence of the noncomplying discharge. 3. Facilities Operation The permittee shall at all times maintain in good working order and operate as efficiently as possible all treatment or control facilities or systems installed or used by the permittee to achieve compliance with the terms and conditions of this permit. 4. Adverse Impact The permittee shall take all reasonable steps to minimize any adverse Impact to navigable waters resulting from noncompliance with any effluent limitations specified in this permit, including such accelerated or additional monitoring as necessary to determine the nature and impact of the noncomplying discharge. 5. Bypassing Any diversion from or bypass of facilities necessary to maintain compliance with the terms and conditions 'of this permit is prohibited, except (i) where M8 & I7 PART II Page of Permit No. NC unavoidable to prevent loss of life or severe property damage, or (ii) where excessive storm drainage or runoff would damage any facilities necessary for compliance with the effluent limitations and prohibitions of this permit. The permittee shall promptly notify the Water Quality Section of DEM in writing of each such diversion or bypass. 6. Removed Substances Solids, sludges, filter backwash, or other pollutants removed in the course of treatment or control of wastewaters shall be disposed of in a manner such as to prevent any pollutant from such materials from entering waters of the State or navigable waters of the United States. 7. Power Failures In order to maintain compliance with the effluent limitations and prohibitions of this permit, the permittee shall either: a. In accordance with the Schedule of Compliance contained in Part I, provide an alternative power source sufficient to operate the waste- water control facilities; or, if such alternative power source is not in existence, and no date for its implementation appears in Part I, b. Halt, reduce or otherwise control production and/or all discharges from wastewater control facilities upon the reduction, loss, or failure of the primary source of power to said wastewater control facilities. 8. 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. 18 PART II Permit No. NC B. RESPONSIBILITIES 1 . Right of Entry The permittee shall allow the Director of the Division of Environmental Management, the Regional Administrator, and/or their authorized represen- tatives, upon the presentations of credentials: a. The enter upon the permittee's premises where an effluent source is located or in which any records are required to be kept under the terms and conditions of this permit; and b. At reasonable times to have access to and copy any records required to be kept under the terms and conditions of this permit; to inspect any monitoring equipment or monitoring method required in this permit; and to sample any discharge of pollutants. 2. Transfer of Ownership or Control This permit is not transferabie. In the event of any change in control or ownership of aaciiities from which the authorized discharge emanates or is contemplated, the permittee shall notify the prospective owner or controller by letter of the existence of this permit and of the need to obtain a permit in the name of the prospective owner. A copy of the letter shall be ,forwarded to the Division of Environmental Management. 3. Availability of Reports Except for data determined to be confidential under N. C. G. S. 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 of Environmental Management. 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 N. C. G. S. 143-215.6(b)(2) or in Section 309 of the Federal Act. 4. Permit Modification After notice and opportunity for a hearing pursuant to N. C. G. S. 143- 215.1 (b)(2) and G. S. 143-215.1(e) respectively, this permit may be modified, suspended, or revoked in whole or in part during its term for cause including, but not limited to, the following: a. Violation of any terms or conditions of this permit; b. Obtaining this permit by misrepresentation or failure to disclose fully all relevant facts; or c. A change in any condition that requires either a temporary or permanent reduction or elimination of the authorized discharge. M10 �& 19 PART II Permit No. NC 5. Toxic Pollutants Notwithstanding Part II, B-4 above, if a toxic effluent standard or prohibition (including any schedule of compliance specified in such effluent standard or prohibition) is established under Section 307(a) of the Act for a toxic pollutant which 1s present in the discharge and such standard or prohibition is more stringent than any limitation for such pollutant in this permit, this permit shall be revised or modified in accordance with the toxic effluent standard or prohibition and the permittee so notified. 6. Civil and Criminal Liability Excande "Powert as provided Failures"n(Part11, A-�),Ons on nothingBinathisgpermittshallAbe) construed to relieve the permittee from civil or criminal penalties for noncompliance pursuant to N. C. G. S. 143-215.6 or Section 309 of the Federal Act, 33 USC 1319. 7. Oil and Hazardous Substance Liability Nothing in this permit shall be construed to preclude the institution of any legal action or relieve the permittee from any responsibilities, liabilities, or penalties to which the permittee is or may be subject under N. C. G. S. 143-215.75 et seq. or Section 311 of the Federal Act, 33 USC 132E S. Property Rights The issuance of this permit does not convey any property rights in either real or personal property, or any exclusive privileges, nor does it authorize any injury to private property or any invasion of personal rights, nor any infringement of Federal,State or local laws or regulations. 9. Severabllity The provisions of this permit are severable, and if any provision of this permit, or the application of any provision of this permit to any circum- stance, is held invalid, the application of such provision to other cir- cumstances, and the remainder of this permit shall not be affected thereby. M11 & I10 1 ��) PART II Page of Permit No NC 10. Expiration of Permit Permittee is not authorized to discharge after the expiration date. In order to receive authorization to discharge beyond the expiration date, the permittee shall submit such information, forms, and fees as are required by the agency authorized to issue permits no later than 180 days prior to the expiration date. Any discharge without a permit after the expiration will subject the permittee to enforcement procedures as provided in N. C. G. S. 143-215.6 and 33 USC 1251 at seq. . I 11 PART III Page of Permit No. NCO044474 B. Previous Permits All previous State water quality permits issued to this facility, whether for construction or operation or discharge, are hereby revoked by issuance of this permit. The conditions, requirements, terms, and provisions of this permit authorizing discharge under the National Pollutant Discharge Elimination System governs discharges from this facility. C. Construction No construction of wastewater treatment facilities or additions thereto shall be begun until Final Plans and Specifications have been submitted to the Division of Environmental Management and written approval and Authorization to Construct has been issued. If no objections to Final Plans and Specifications has been made by the DEM after 30 days following receipt of the plans or issuance of this permit, whichever is latter, the plans may be considered approved and construction authorized. D. Certified Opera MDT AN LI�JABLF Pursuant to Chapter 90A of North Carolina General Statutes, the permittee shall employ a certified wastewater treatment plant operator in responsible charge of the wastewater treatment facilities. Such operator must hold a certification of the grade equivalent to the classification assigned to the wastewater treatment facilities. E. All references in this Permit pertaining to monitoring, reporting, sample collection and certified operator shall be considered not applicable until such time as this Permit may be modified by letter from the Director of the Division of Environmental Management. M156I12 '`rmit No. NCO044474 STATE OF NORTH CAROLINA DEPARTMENT OF NATURAL RESOURCES & COMMUNITY DEVELOPMENT DIVISION OF ENVIRONMENTAL MANAGEMENT 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, Mr. Boyd Stewart is hereby authorized to discharge wastewater from a facility located at . The Boyd Stewart Residence Wastewater Treatment Plant Mitchell County to receiving waters Cranberry Branch in the French Broad River Basin in accordance with effluent limitations, monitoring requirements, and other conditions set forth in Parts I, II , and III hereof. This permit shall become effective This permit and the authorization to discharge shall expire at midnight on June 30, 1983 Signed this day of A. F. McRorie, Director Division of Environmental Management By Authority of the Environmental Management Commission M 1 & I 1 NPDES Discharge Permit No. NCO044414 i. Mr. Boyd Stewart is hereby authorized to: 1 . Enter into a contract for the construction and operation of a 300 square foot subsurface sand filter trench to be operated in conjunction with an existing septic tank, and 2. Make an outlet into Cranberry Branch in the French Broad River, and 3. Construct and operate 300 square foot subsurface sand filter I. .trench to be operated in conjunction with an existing septic tank located in the Ledger Community adjacent to North Carolina Highway 226, Mitchell County, North Carolina, subject to Part III condition No. C of this Permit, and 4. Discharge from said treatment works into an unnamed tributary to Cranberry Branch which is classified "C-Trout". - - M 2 & 12 Part I Page of E b Permit No. ai N Jf NCO044474 rn „ L c M ro N m c E m o v � v C � rn�v S E cl �- c^ v i31 I I ro R NOU NNL Y U 9 N N Y W ro w T N E E - M G Y V- E In In G N N L GI N ro N In Y > oc E O W YIF E J .0 G C U L9 4� OIG N ro C O L VI A�-1 VI 1/1 N. $ L Or 1 I 1 ¢ b � •CY UI A� I1 1 Q Z TN— m0 z a s ro m o 0 or O � N Rf Of L r z ro v v > N ro J N y 1 1 1 N S CI V IIyy W O 9 Z YY� C ,OY O ' W OIY9 Y c O C•E�E N O O li LLU U m CE W W p 6N of ^ Na O ro n n iV L ro roT . pCj W9 N t � Tn tc .c G U p ro m H ro H M O J p I 3 W Part I Page of Permit No. NCO044474 D. SCHEDULE OF COMPLIANCE 1 . The permittee shall achieve compliance with the effluent limitations specified for discharges in accordance with the following schedule: Compliance with effluent limitations shall be achieved upon completion of the wastewater treatment facility and commencement of a discharge from the facility. 2. No later than 14 calendar days following a date identified in the above schedule of compliance, the permittee shall submit either report of progress or, in the case of specific actions being required by identified dates, a written notice of compliance or noncompliance. In the latter case, the notice shallinclude the cause of noncompliance, any remedial actions taken, and the probability of meeting the next scheduled requirement. it M 4 & I 4 PART III Page of Permit No. N00044474 B. Previous Permits All previous State water quality permits issued to this facility, whether for construction or operation or discharge, are hereby revoked by issuance of this permit. The conditions, requirements, terms, and provisions of this permit authorizing discharge under the National Pollutant Discharge Elimination System governs discharges from this facility. C. Construction No construction of wastewater treatment facilities or additions thereto shall be begun until Final Plans and Specifications have been submitted to the Division of Environmental Management and written approval and Authorization to Construct has been issued. If no objections to Final Plans and Specifications has been made by the DEM after 30 days following receipt of the plans or issuance of this permit, whichever is latter, the plans may be considered approved and construction authorized. D. Certified Operator Pursuant to Chapter 90A of North Carolina General Statutes, the permittee shall employ a certified wastewater treatment plant operator in responsible charge of the wastewater treatment facilities. Such operator must hold a certification of the grade equivalent to the classification assigned to the wastewater treatment facilities. E. All references in this Permit pertaining to monitoring, reporting, sample collection and certified operator shall be considered not applicable until such time as this Permit may be modified by letter from the Director of the Division of Environmental Management. M15 & I12 STAFF REPORT AND RECOMMENDATIONS PART I - INSPECTION OF PROPOSED WASTEWATER TREATMENT PLANT SITE I . Place visited: Boyd Stewart Residence Mitchell County ICI 2. Date: September 19, 1978 3. By: Michael R. Parker, Environmental Engineering Technician F 4. Persons contacted: Mr. Boyd Stewart Home Owner. 5. Directions to site: From the intersection of North Carolina Highway 226 and U.S. Highway 19E travel north on North Carolina Highway 226 approximately 5.0 miles . The facility is located on the left side of the road directly across from the intersection of North Carolina . 226 and North. Carolina Secondary Road 1193. G f 6. The bearing and distance to the proposed point of effluent discharge is North 370 West of the intersectio8 of North Carolina Highway 226 and U.S. Highway 19E. Latitude: 35 57' 45" Longitude: 82 06' 59" 7. Size: 1/3 acre - 8. Topography: Flat 9.. Location of Nearest Dwelling: Approximately 100 feet 'i. 10. Receiving Stream: Cranberry Branch (a) Classification: C-Trout (b) Minimum 7-day, 10-year discharge at site: Estimated 0.2cfs 18-24 inches wide (c) Usage: Fish and wildlife propagation 3-6 inches deep PART II - DESCRIPTION OF PROPOSED TREATMENT WORKS 1 . Design Loading - A 1 ,000 gallon septic tank and 300 square foot subsurface sand filtration trench to serve a 2-bedroom trailer and a general store with restroom facilities. 2. Type - It is proposed to construct and operate a 300 square foot subsurface sand filter trench to be operated in series with the existing septic tank system presently serving the Stewart Residence. 3. Final disposition of excess sludge will be by a commercial septic tank cleaning firm in accordance with local health department regulations. PART III - EVALUATION AND RECOMMENDATIONS: Mr. Stewart's residence was served by a septic tank nitrification field. until the N. C. Department of Transportation destroyed the absorption field as a result of the widening of N.C. Highway 226 and created an unauthorized wastewater discharge to the State surface waters. Because of the lack of available land for use as an absorption field and the location of the dwelling to nearby streams, a sand filter trench was chosen to treat the wastewater. It is recommended that this Permit be issued. NORTH CAROLINA DEPT. OF NA_ .)AL & ECONOMIC RESOURCES ENVIRONMENTAL MANAGEMENT COMMISSION NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM APPLICATION NUMDER APPLICATION FOR PERMIT TO DISCHARGE - SHORT FORM D FOR A 7F lj +) AGENCY USE DATE RECEIVED To be filed only by services, wholesale and retail trade, and other commercial establishments including vessels YEAR MII, DAY Do not attempt to complete this form without reading the accompanying instructions Please print or type 1. Name, address, and telephhoyone number of fa lit producing discharge A. Name (1 4 l .Wel #2"I' B. Street address Y •4& 3 C. city 7FA&rrville D. State_/yC• E. County 71y1'fefit I/ F. 21P 3•F90S— G. Telephone No. •7W 618 Area Cade 2. SIC (Leave blank) dd 3. Number of employees /r 4. Nature of business 5, (a) Check here if discharge occurs all year}d. or (b) Check the month(s) discharge occurs: 1,o January. 2.0 February 3.❑March - 4.a April 5.o May 6.a June 7.o July B.o August 9.0 September 10.o October 11.0 November 12.o December (c) Haw many days per week: 1.01 2.02-3 3.134-5 4A6-7 6. Types of waste water discharged to surface waters only (check as applicable) Flow, gallons per operating day Volume treated before discharging (percent) Discharge per operating day 0.1-999 1000-4999 5000-9999 10,000- 50,000 None 0.1- 30- 65- 95- 49,999 or more 29.9 64.9 94.9 100 (1) (2) (3) (4) (5) (6) (7) (8) (9) (10) A. Sanitary, daily .average U. Cooling water, etc., daily average C. Other discharge(s), daily average; - Specify D. Maximum per operat- ing day for combined discharge (all types) 'i. If any of the types of waste 41untified in it.. 6, either treated or un- treated. are discharged to p( )s other than surface waters, check belo�� as applicable. Waste water is discharged to: 0.1-999 1000-4999 5000-9999 10,000-49.999 50,000 or more (1) (2) (3) (4) -(5) A. Man i i pal •uw„ system B. undrrq ruuad wrll - C. 5eptir. tank _ D. Evaporation lagoon or pond E. Other, specify: . D, Number of separate discharge points: A,lVsl B.02-3 C•04-5 p,D,.�0�66 or more 9. Name of receiving water or waters 10. Does your discharge contain or is it possible for your discharge to contain one or nces ed as a result of ou activities, or processes: ammonia,of the following acyanide a aluminum. beryllium,rcad operations, cadmium, chromium, copper, lead, mercury, nickel, selenium, zinc, phenols, oil and: grease, and chlorine (residual). A,oyes B.�no 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, Printed Name of Person Signing /lorvv.- nwN?JC Title 9-i - 79 Date Application Signed Sigmatu of Applicant Diorth Carolina General Statute 143-215..6(b) (2) rovides that: Any person who knowingly makes any false statement representation, pr certi ication in any application, record, report, plan, or other document files or required to be maintained under Article 21 or regulations of the implementing that Article, or who falsifies, tampers with, Environmental Management Commission or knowly renders inaccurate anyrecording 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 guiltv of a misdemeanor punishable by a fine not to exceed $10,000, or by imprisonment not to exceed six months, or by both. (18 U,S.C, Section 1001 provide.. a punishment by a fine of not more than $10,000 or imprisonment not more. than 5 years, or both, for a similar offense.) NORTH CAROLINA DEPT. OF NA, IAL & ECONOMIC RESOURCES ENVIRONMENTAL MANAGEMENT COAMISSION NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM APPLICATION MURDER APPLICATION FOR PERMIT TO DISCHARGE - SHORT FORM D FOR AGENCY USE DATE RECEIVED To be filed only by services, wholesale and retail trade, and other commercial establishments including vessels YEAR Mo. DAY Do not attempt to complete this form without reading the accompanying instructions Please print or type 1. Name, address, and telephone number of facility producing discharge A. Name 0D� '57eilmt 0, Street address yR0>R C. City �y�,�Y7k'eRJ 0. State N,G. E. County Z F. ZIP -2'r7QS G. Telephone No. "lPV Area Code 2. SIC (Leave blank) e 3. Number of employees 4. Nature of business ((,, 5. (a) Check here if discharge occurs all year p4, or lb) Check the month(s) discharge occurs: 1.0 January 2,0 February 3.o March 4.a April S.0 May 6.0 June 7.0 July 8.a August 9,o September 10.a October 11.0 November 12.0 December (c) How many days per week: 1.01 2.02-3 3.04-5 4. t6-7 - 6. Types of waste water discharged to surface waters only (check as applicable) Flow, gallons per operating day Volume treated before discharging (percent) Discharge per operating day 0.1-999 1000-4999 5000-S999 10,000- 50,000 None 0.1- 30- 65- 95- 49,999 or more 29.9 64.9 94.9 100 (1) (2) (3) (4) (5) (6) (7) (8) (9) (10) A. Sanitary, daily average B. Cooling water, etc., daily average C. Other discharge(s), daily average; Specify D. Maximum per operat- ing day for combined discharge (all types)) 7• if any of the types of waste identified in item 6, either treated or un , treated, are discharged to i' Tes other than surface waters, check belon as applicable. Waste water is discharged to: OJ-999 1000-4999 5000-9999 10,000-49,999 50,000 or more (1) (2) (3) (4) (S) A. Moniclpnl : wrr system N. Ih ulr rgruunA wrl 1 , C. Septic tank D. Evaporation lagoon or pond - E. Other, specify: 8. Number of separate discharge points: A),1 B,02-3 C.0 4-5 D.0 6 or more I' C!lAN Bdh2t t� ` 9. Name of receiving water or waters 10. Does your discharge contain or is it possible for your discharge to contain one or more of the following substances add alas a resultofyour operations, activities, or processes: ammonia, cyanide, beryllium, chromium, copper, lead, mercury, nickel, selenium, zinc, phenols, oil and grease, and chlorine (residual). A%11 yes Brno i certify that 1 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, printe ame of Person Signing yarfe- OwNeIZ- Title �'- / 9 - !d �p Date Application Signed SiqWure of Applicant North Carolina General Statute 143-215.6(b) (2) provides that: 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 Article 21 or regulations of the Environmental Management Commission by a fine not to exceed implementing that Article, shall be guilty 0£ a misdemeanor punishable $10,000, or by imprisonment not to exceed six months, or by both, (18 U.S.C. Section 100i\provides . a punishment by a fine of notmore than $10,000 or imprisonment not more than 5 years, or both, for a similar offense.) RECEDED PAT MCCRORY DiOdslon of Water 3 Resources2016 Gave m DONALD R.VAN DER VAART NOVN seeaare WaterResources S.JAY ZIMMERMAN EN VINONMENTRI OUPIITY Water O iallty Regional Operations D/reem, . khe 0 r26 CERTIFIED MAIL 7010 2780 0003 4825 8834 RETURN RECEIPT REOUESTED '( J ,:1i1'ihf port (rsili:,5 Boyd L. Stewart 597 Elkins Rd Bakersville,NC 28705 Subject: Notice of Violation NOV-2016-RV-0002 Wastewater Disposal at 5116 NC Hwy 226 S,Bakersville,NC 28705 Certificate of Coverage(CoC)NCG550113 Mitchell County Dear Mr. Stewart: County tax records list Boyd L. Stewart as the current owner of the subject property.We are contacting you to determine the status of a wastewater disposal system on your property that was covered by General Permit NCG550000(the General Permit for single family residence domestic wastewater]. An audit for expired unresolved files noted that the Certificate of Coverage(CoC)for your property's wastewater disposal system expired on 7/31/2002 and has overdue annual fees. The last CoC was issued to Boyd L. Stewart on 7/21/1997.The Division needs information from you to renew coverage under NCG550000.Please respond by December 12,2016 with one the following: ➢ If your property still has a wastewater system like the ones described in the enclosed Technical Bulletin,you must renew the subject CoC.Please complete the enclosed form and submit it to Charles Weaver at the address on the form.In addition,a 300 in overdue annual fees is required to renew and maintain this permit. Please send payment for the enclosed invoice(s): 2011PR007258,2012PR008257,2013PR007109,2014PR007336,2015PR007932. (Payment instructions are provided on the invoice.) ➢ If you are not sure what type of system your property has,contact George Price in the NC DEQ Asheville Regional Office at 828-296-4500.This contact for other staff members]can help you determine if you should renew your CoC. ➢ If you know that your property no longer discharges wastewater and the treatment system has been replaced with a different treatment system or connected to a city sewer,please contact me at the address or phone number listed below to request rescission of the CoC. If you have questions concerning this matter,please do not hesitate to contact Meredith Wojcik at 919-807-6479 or meredith.wojcik@ncdem.gov. Sinc rely, /�� / . John E.Hennessy eemms�'' Division of Water Resources,DEQ cc: ynareyilla(ieglPaal Olticq,It W,Q ' NPDES General Poorer Files N0V-2016-RV-0002 Teresa Revis,DWR Budget Ofce Staeorneah Caroline rnvwme=err Quality l Water Reseureas 1611 Mail service Center I Ralesh,Noah Carolina 2 7 69 9-1611 919 707 WOO PAT MCCRORY Ni.DI DONALD R. VAN DER VAART Water Resources saarar�y ENVIRONMENTAL QUALITY S. JAY ZIMMERMAN ��reomr June 22,2016 CERTIFIED MAIL 7013 2630 00018998 3196 RETURN RECEIPT REOUESTED Boyd L Stewart,Owner 597 ELKINS RD BAKERSVB,LE,NC 28705 Subject: Notice of Deficiency NOD-2016-RV-0003 Wastewater disposal at 5116 NC Hwy 226 S,Bakersville,NC 28705 Certificate of Coverage(CoC)NCG550113 Mitchell County Dear Mr. Stewart: - Durham County tax records list Boyd L Stewart as the current owners of the subject property as of June 9,2016.We are contacting you to determine the status of a wastewater disposal system on your property that was covered by General Permit NCG550000.An audit for expired unresolved files noted that coverage for your property's wastewater disposal system expired. The last Certification of Coverage (CoC)was issued to Boyd L Stewart on July 21,1997.The certificate of coverage NCG551153 expired -on July 31,2002 for the subject property at 5116 NC Hwy 226 S,Bakersville,NC 28705.The Division needs information from you to renew coverage under NCG550000 [the General Permit for domestic wastewater].Please respond by Aug 3,2016 with one of the following: ➢ If your property still has a wastewater system like the ones described in the enclosed Technical Bulletin,you must renew the subject CoC.Please complete the enclosed form and submit it to Charles Weaver at the address on the form.In addition,$300 in overdue annual fees are required to maintain this permit.Please send payment for the enclosed invoices: 2011PR007258,2012PR008257,2013PR007109,2014PROO7336 and 2015PR007932.(Payment instructions are provided on the invoices.) ➢ If you know that your property no longer discharges wastewater, contact me at the address or phone number listed below to request rescission of the CoC. If you have questions concerning this matter,please do not hesitate to contact Derek Denard at 919-807-6307. nicer ly, ✓^ I 1. � John E.Hennessey Division of Water Resources,DE� RECEIVE I) s n tWaler lie.,oumes cc: fARQiFiles l.� - NPDES General Pemtit Files JUN 3 0 2016 1 Weter Otnilty Rnpional Operations __ �spov:;le Fe�llpnsl Ofllcp SlaroofNoNiCarohoa a,virovmeuml Qualilyl Wae ounces 1611 Mail aornee Cmma I Ralalgh,North Cvollne 276929699-i611 9197079000 � �A ��rL� { FILE COPY RES R North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary July 7, 2010 Boyd L Stewart Sandra Buchanan 5116 Highway-226 S Bakersville NC 28705 Subject: NOTICE OF VIOLATION NOV-2010-PC-0820 Compliance Evaluation Inspection Beauty Shop WWTP Permit No. NCG550113 Mitchell County Dear Mr.Stewart: Enclosed please find a copy of the Inspection Report from the inspection conducted June 16, 2010. The Compliance Evaluation Inspection was conducted by Keith Haynes and Don Price of the Asheville Regional Office. The treatment facility was found to be in violation of Permit NCG550113 for the following: Inspection Area Compliance Issue Permit The certificate of coverage was not renewed however, the annual fee is up-to-date. The permit needs to be renewed immediately. Operations & The weeds and grass around the UV unit should be kept cut for Maintenance easier access to the UV unit Please refer to the enclosed Inspection Report for any additional observations and comments. To prevent further action,carefully review these violations and deficiencies and respond in writing to this office within fifteen(15)working days of receipt of this letter. A copy of the permit renewal request is attached. If you should have any questions, please do not hesitate to contact Keith Haynes at 8281296-4500. Sincerely, �- C. / eg" Roger C. Edwards, Regional Supervisor Surface Water Protection Attachment cc: WQ Central Files w/attachment ARO w/attachment Charles Weaver w/attachment S:\SWP\Mitchell\Wastewater\GenerallNCG55 SFR\Archiva%60113CEI NOV do,, SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE It � � Location:2090 U.S.Highway 70,Swannenoe,NO 28778 N�OqT'tl-1C&t'Ofllla.Phone:(828)2964500\FAX:828 299-7043\Customer service:1-877-623-6748 p YC hCarolly Internet:www.ncwetemuarty ora United States EnvlmnmeMal Pmledion Agency [Fo-A.pvetlEPA wa.nmeren,D.c.zo4so 40-0057 WaterCom lianceins ectionRe ort pires8-31-96 Section A: National Data System Coding(i.e., PCS) Transaction Code NPDES yrlmolday Inspection Type Inspector Fac Type 1 J 2 J 31 NCc550113 11 121 10/06/16 117 16U 19J 20 Remarks 211 I I I 1 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I 11 Jill I I I6 Inspection Work Days Facility Self-Monitoring Evaluation Rating B1 CA ---------------------Reservetl------------- 67I I59 70I IJ I 711 ty 72u 73I I J 74 75I I I I I I I IBO Section 8: FacilityData U Name and Location of Facility Inspected(For Industrial Users discharging to POM.also include Entry Time/Date Permit Effective Date POTW name and NPDES permit Number) 5116 NC Hwy 226 South 10:45 AM 10/06/16 97/09/01 5116 NC Hwy 226 5 Exit Time/Date Permit Expiration Date Eakereville NC 29705 11:00 AM 10/06/16 02/07/11 Name(s)of Onsim Representative(s)/ritles(s)/Phone and Fax Numbers) Other Facility Data Name,Address of Responsible OPoclallritle/Phone and Fax Number Boyd L 6tewart,161-226 9 aakeievllle NC 28105/// Contacted No Section C: Areas Evaluated During Inspection(Check only those areas evaluated) Permit E Operations 8 Maintenance N Facility Site Review Section D: Summary of Finding/Comments Attach additional sheets of narrative and checklists as necessary) (See attachment summary) Name(s)and Signatum(s)of inspectors) Agency/Office/Phone and Fax Numbers Date Keith Haynes i AItO W4//828-296-9500/ ?. 6 .(b Don Price point Source Branch//B28-296-4500/ q ! 10 lh Signature of Management O A Reviewer Agency/Office/Phone and Fax Numbers ,.(./Dot\ Roger C Edwards de�5— .0 WQ//028-296-4500/ EPA Form 3560-3(Rev 9-94)Previous editions are obsolete. Page# 1 NPDES ydmolday Inspection Type 1 3I NCG550113 Itf 121 10/06/16 i17 18'_1 Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) As noted,the permit has expired. A copy of the renewal form is attached. The owner needs to make sure that the area around the subsurface sandfilter and UV Unit is properly maintained. Page# 2 Permit: NCG550113 Owner-Facility: 5116 NC Hwy 226 South Inspection Date: 06116/2010 Inspection Type: Compliance Evaluation 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 0 0 ■ ❑ Judge,and other that are applicable? Comment: The weeds and grass around the UV unit should be kept cut for easier access to the UV unit Permit Yes No NA NE (If the present permit expires in 6 months or less). Has the permittee submitted a new application? ❑ ■ 0 ❑ Is the facility as described in the permit? ❑ ■ Cl Cl #Are there any special conditions for the permit? 0 ■ 0 ❑ Is access to the plant site restricted to the general public? 0 a 0 ❑ Is the inspector granted access to all areas for inspection? ■ 0 0 ❑ Comment: The certificate of coverage was not renewed: however, the annual fee is up-to-date. The permit needs to be renewed immediately. Disinfection -UV Yee No NA NE Are extra UV bulbs available on site? ❑ 0 0 ■ Are UV bulbs clean? ❑ 0 0 m Is UV intensity adequate? ❑ 0 0 m Is transmittance at or above designed level? ❑ 0 Cl ■ Is there a backup system on site? ❑ ■ 0 0 Is effluent clear and free of solids? 0 0 0 ■ Comment: The alarms for the unit were found to be working. Other aspects of the unit were not evaluated. Page# 3 © ���� �c /� Dlvls/ion:of W#ter Quality/Water Quality Section { 5 v N NC�EN ation t` tiOilutant Discharge Elimination System 1� �� JUI. 7 1 2U10 I NCG550000 1 e [f o, RENEWAL FORM F61i EXISTING PERMITTED FACILITIES NPDES renewal application for continued coverage under General Permit NCG550000: Certificate of Coverage NCG550113 (Please verify the information in items 1 & 2 as correct, or note any corrections that should be made.) (Please print or type) 1) Mailing address" of property owner: Owner Name �f/ d J wl9d /A Street Address b .—Y city /?i9ifersvilaapp 1C AI6*. 65 Telephone (Home) A dA O _�OdO (Mobile) (e-mail address) * Addmse to which NI pormit correspondenu:will b,,moiled 2) Location of facility producing discharge*: Street Address /54vy P�1` S City: a�/,Jq/() /vL � 7a� County //(1`,J`�-hd ) pp Telephone (Home) 09- t �!/O " e0a G (Mobile) * If the facility is not yet constructed, give the street address or lot number where the sn:uctate will be; built. 3) Description of Discharge: a) Type of facility producing waste (please check one): ❑ Primary residence ❑ Vacation/second home ❑ Undeveloped property / ❑ Other [describe]: Page 1 of 2 ri r.G660000 renewal form 4) Please check the components that comprise the wastewater treatment system: GXSeptic tank ❑ Dosing tank ❑ Primary sand filter ❑ Seco a n IU- ❑ Recirculating sand filters) ElChlorination ❑ Dechlorination �� 1 ❑ Other form of disinfection: El Post Aeration(describe)_ I: 1= ,/for 19A11 (/ v u�,f— 'JUL t Imo 5) Other Information: o Vt rs nuiv si ( no^l� a) When was the septic tank last pumped out? )-�o � n ` i 1 E � r o i a tk� E NOTE: the septic tank must be pumped out at least once every 346 years --... J_ b) Is the facility [home] occupied year-round, or only seasonally? fl rOUA Y6 _ c) Approximately how many people use the facility when it is occupied?—I d) When was the wastewater system installed? V U y/Ut ZOOS' 6) Certification: I certify that I am familiar with the information contained in this application and that to the best of my knowledge and belief such information is true, complete, and accurate. J� Printed Name of Person Si g: _ a bi/)„��.Ifj (Signature of plie (Date Signed) lJ North Carolina General Statute 143-215.6 b (i) provides that: Any person who knowingly makes any false statement, representation, yr certification in any application, record, report, plan or other document filed 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.) Mail this completed form and-a cony of the receipt for your last septic service to: Mr. Charles H. Weaver, Jr. NC DENR/DWQ /NPDES 161.7 Mail Service Center Raleigh, NC 27699-1617 Page 2 of 2 44 nxu'i y 4 mr.YY ! x s: 1k1 Y { r NW � : ��North Carolina Department of Environment and Nature Re u WNW JAN - 4 2010 l Division of Water Quality Beverly Eaves Perdue Coleen H.Sullins WTI E cauni ITYis G F pan Governor Director as t�wi.�F P_Utort 1 f e'tt'Z=[ary s 1 1-1 vi December 30,2009 CERTIFIED MAIL 7009-1680-0002-2464-6050 RETURN RECEIPT REQUESTED BOYD L STEWART 5116 HIGHWAY 226 SOUTH BAKERSFIELD,NC 28705 SUBJECT: FINAL NOTICE-Delinquent Annual Fee NPDES Permit NCG550113(2008) Mitchell County Dear Mr. Stewart: This letter is being sent out to facilities that have not yet paid their Annual Compliance Monitoring Fee. This fee requirement is documented in your current permit in Part II.B. 14. Your total annual fees owed,for the permitted facility referenced above,is$60.00, Copies of each invoice for the permitted facility previously sent by the Division's Budget Office are attached. Failure to pay the annual fee is grounds for revocation of your permit,as documented in part II.B. 13 and II.B. 14. This matter must be promptly resolved.You will not receive any additional late payment fee request correspondence. This letter serves as final notice that the Division will refer the fee noted above to the North Carolina Attorney General's Office for collection through the courts unless payment is received by January 30,2010. Additional actions to revoke your operating permit may be initiated as well as referral for collection. Make checks payable to INC DENR; include the permit numbers and invoice numbers on the check. Send the fee payment to: Mrs. Fran McPherson Annual Administering and Compliance Fee Coordinator(919-807-6321) 1617 Mail Service Center Raleigh, NC 27699-1617 (919-807-6321) If you have evidence that the fee has already been paid,please contact me at 919-807-6387 or bob.guerrardncdencaov. Sincerely, Bob Guerra,Western NPDES Unit Enclosure: Invoice#2008PRO10528 cc: Central Files NPDES File Roger Edwards,Asheville Regional Office,Surface Water Protection 1617 Mail Service Center,Raleigh,NoM Carolina 27699-1617 Localloo:612N.Salisbury St,Raleigh,NOMCarollna 27604 1�iOnert, Phone:919-80763871 FAR:919 eWL496\Customer sense:1 977-623 6749 y y Qy ITCarOflnd Internetx .novrterquality.or9 An E4ual 0,.rW iry 1 Affirmative knor E,nployeY Y r oduralllff NORTH CARLINA DEPARTMENT OF ENVIRONM ENT A D NATURAL RESOURCES 2 0 0 0 P R 0 1 0 5 2 0 INVOICE Annual Permit Fee Overdue This annual fee is required by the North Carolina Administrative Code. It covers the administrative costs associated with your permit. It is required of any person holding a permit for any time during the annual fee period,regardless of the facility's operating status. Failure to pay the fee by the due date will subject the permit to revocation. Operating without a valid permit is a violation and is subject to a$10,000 per day fine. If the permit is revoked and you later decide a permit is needed,you must reapply,with the understanding the pemrit request may be denied due to changes in environmental,regulatory,or modeling conditions. Permit Number: NCG550113 Annual Fee Period: 2008-09-Dl to 2009-08-31 Mitchell County 5116 NC Hwy 226 South Invoice Date: 10/15/08 Due Date: 11/14/08 Boyd I.Stewart Annual Fee: $60.00 5116 Hwy 226 S Bakersville, NC 28705 Notes: 1. A$25.00 processing fee will be charged for resumed checks in accordance with the North Carolina General Statute 25-3-512. 2. Non-Payment of this fee by the payment due date will initiate the permit revocation process. 3. Remit payment to: NCDENR-Division of Water Quality 1617 Mail Service Center Raleigh,NC 27699-1617 4. Should you have any questions regarding this invoice,please contact the Annual Administering and Compliance Fee Coordinator at 919-807-6321. _ _ _ _ _ _ _ _ _ _ _ _ _ (Return This Portion With Check) ANNUAL PERMIT INVOICE I OIOIB P IR 0 1 O 12 0 Overdue Permit Number: NCG550113 Annual Fee Period: 2008-09-01 to 20(s)-O&M Mitchell County 5116 NC Hwy 226 South Invoice Date: 10/15/08 Due Date: 11/14/08 Annual Fee: $60.00 Boyd I.Stewart 5116 Hwy 226 S Check Number: Bakersville,NC 28705 ) 5eNoen- - _-_ TT - O -------------------- I i OfficeView Pro Message ,,.. From: Davidson, Landon Received 2008/01/18 09:16 1 ) To: Edwards, Roger Subject: Question regarding NCG550113 Please have SWP contact call "Sandra"regarding this system at 765-6582 or 467-9372 Looks like single family in Michell Co. She needs someone to contactHD to verify that system is in and functional. L 5�( 4 1),U r� urand states Environmental PrMedion Agency FormA Approved. EPA Washington,o.c 2046o o. vetl. OMB No.2040-0057 Water Compliance inspection Report Approval expires 8-31-98 Section A: National Data System Coding(i.e.,PCS) Transaction Code NPDES youo/tlay Inspection Type Inspector Fac Type 1 I vl 2 1L5 31 nCc559ll.3 111 121 0]/02/96 117 181 rl 191 Lct 20U LJ marks LJ J 211111111111111111111111 Re11111111111111111111111116 Inspection Work Days Facility Self-Monitoring Evaluation Rating 131 CA Reservetl 67I .......... J LJ 69 ]01 71 1 ]21 U. ]31 t]4 ]51 I 1 I 100 Section B: Facility y Data LI LLJ Name and Location of Facility lnspected(For Industrial Users discharging to POTW,also include Entry Time/Date Permit Effective Date POTW name and NPDES permit Number) Stewart Bay.] L- Reeldenoe 11:00 AIM 07/02/06 99/09/01 161"'226 0 Exit Time/Date Permit Expiration Date B¢Y_e;ev:i.L10 NC 26905 i1:.15 AN 09/02/06 02/07/31 Names)of Onslte Representative(s)/fitles(s)IPhone and Fax Number(s) Other Facility Data Name,Address of Responsible Offdal/fltle/Phone and Fax Number Boyd L StewaIt,161-226 a [laknedville NC 20'YU5/// Contacted ,t Section C: Areas Evaluated During Inspection(Check only those areas evaluated) Permit 0 Operations&maintenance Section D: Summary of Finding/Comments Attach additional sheets of narrative and checklists as necessary) (See attachment summary) Names)and SlgnaWre(s)oflospector(s) Agency/Office/Phone and Fax Numbers Date LaIIy sxost (�jp ARO ep//020-296-4500 Ezt.465E/ zl Z' %e.ith Haynes ARM N6//826-296-4500/ Signature of Management 0 A Reviewer AgencylOfficelPhone and Fax Numbers Date EPA Form 3560-3(Rev 9-94)Previous editions are obsolete. Page# 1 NPDES ydmo/day Inspection Type 1 8 nCOG550119 11 12 09/02/C6 � 17 18U_, Section D: Summary of Finding/Comments(Attach additional sheets f namptive and checklists as necessary) The inspectors recommend that this permit be rescinded. Page# 2 / Permit: NCG550113 Owner-Facility: Slowed Boyd L-Residence Inspection Date: 02106/2007 Inspection Type: Compliance Evaluation Operations 6 Maintenance Yes No NA NE Is the plant generally clean with acceptable housekeeping? ❑ ■ ❑ ❑ Does the facility analyze process control parameters,for ex:MLSS,MCRT,Settleable Solids,pH, DO, Sludge D 0 ❑ Judge,and other that are applicable? Comment: This system is totally trashed and is a mess. It also appears abandoned. Permit Yes No NA NE (lithe present permit expires in 6 months or less). Has the permittee submitted a new application? Cl ■ ❑ Cl Is the facility as described in the permit? ❑ ■ ❑ ❑ #Are there any special conditions for the permit? ❑ ❑ ❑ Is access to the plant site restricted to the general public? ❑ ❑ M ❑ Is the inspector granted access to all areas for inspection? ❑ ❑ ■ ❑ Comment: This permit is expired and the system is not operational. Page# 3 from: 28778 to: 35.9625N 82.116389W - Google Maps Page 1 of 1 GO I Start SwannC_�a, NC 28778 End �F= Travel 46.2 mi (about 1 hour 10 mins) Swannanoa, NC 28778 Ov erview ' T..= 19E Drive 46.2 mi (about 1 hour 10 mins) 1. Head east on Bee Tree Rd toward Kipp Rd _. 0.3 ant 4' 2. Slight left at Old Us 70 0.2 ra 3. Turn right at Whitson Ave 223 ft a, 4 4. Turn left at US 70 2.1 mi t� M anon _.__.. W 3m,ns , .. 5. Continue on State St 2.3 mi ie '- a urMfi �•` 3 mins Cie —i 6. Continue on US-70 1.0 mi Start 2 mins 7. Merge onto 140 E/US-70 E via the 1-40 E ramp 6.9 mi 5I _ . mms �. l 8. Merge onto US 70 via exit 72 to Old Fort 11.4 mi �.� 14 mms 9. Turn left at US-221 6.9 mi ( � � 10. Turn left at NC 226 10.0 mi 10 mms ! 0 u To 4.11. Turn left at US-19E 0.7 mi I �� 2 mins End 12. Turn right at NC 226 4.3 hat n 4.13. Turn-left at.Gree_n_berrRd _ 0.1 mta _ _ Nam`m W jV _ Ts These directions are for planning purposes only. You may find that construction projects, traffic, or other events may cause road conditions to differ from the map results. Map data 02007 NAVTEQ' ----. ------ ----—J Map data 02007 NAVTEQTM' http://maps.google.com/maps?f=d&hl=en&saddt 28778&daddt 35.9625N+82.116389W&sll=35.9625,-82.... 1/30/2007 35.9625N 82.116389W - Google Maps Page 1 of 1 Address 35.5500, -82.116389 .,' l +350 57' 45.00", -820 6' � _. 59.00" ITO 220 226 J N �I 4 \ akM cnw`Ruf ��f� p h/ ,1 , 3 �f�@P07Go gle Map data o3oo-�,r?9YTs Ta s's{v`t http://maps.google.com/maps?q=35.9625N+82.116389W&hl=en&ie=UTF8&z 14&11=35.962516,-82.1163... 1/30/2007 . .. �� Mmhn IP kasley,vGovernor G ® 6J r 1 W�1ra Rgq* Ross Jr retery Nunn Carolias De'surrim 'UnvironClnt {ura Eyrces Y Alan W.Klimek,P.E.Director Division of Water Quality May 18, 2006 Mr. Boyd Stewart 5116 Highway 226 South Bakersville, North Carolina 28701 Subject: Certificate of Coverage No. NCG550113 Sewage Treatment System Residence on Highway 226 South Mitchell County Dear Mr. Stewart: The sewage treatment system serving your property on Highway 226 South was constructed under the provisions of Certificate of Coverage Number NCG550113. This permit has now expired. Attached is a copy of your partially completed RENEWAL FORM, which is to be used to request renewal of your Certificate of Coverage. Please return the completed form to the Raleigh address indicated. Please understand that such a discharge without a valid permit constitutes a violation of North Carolina General Statute (NCGS) 143-215.1; enforceable under provisions of NCGS 143-215.6A as administered by this Agency. Should you have any questions regarding this matter please do not hesitate to call me at (828) 296-4658. Sincerely, Lal;K Fr6st vironmental Engineer Enclosure xc: Charles Weaver r/V!l171Y!ltill,/ North Carolina Division of Water Quality 2090 U.S.Highway 70 Swamrmma,NC 28778 Ph..(823)296-4500 Customer Service InterneC wwwmearaterquality.org FAX (828)299-7043 1-877-623-6748 An Equal DppormltylAfOnnative Action Employer—50%Recycled/10%Post Consumer Paper State of North Caroliril-) Department of Environment ,, • and Natural Resources r Division of Water Quality ��- Michael F. Easley, Governor NCDENR William G. Ross Jr., Secretary Gregory J. Thorpe, Ph.D., Acting Director NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES 11/26/01 1 . BOYD L STEWART STEWART BOYD L-RESIDENCE 161-226 SOUTH BAKERSVILLE, NC 29705 Subject: NPDES Wastewater Permit Coverage Renewal Stewart Boyd L-Residence COC Number NCG550t13 Mitchell County Dear Permittee: Your residence or facility is currently covered for wastewater discharge under General Permit NCG550000. This permit expires on July 31,2002, Division of Water Quality(DWQ)staff is in the process of rewriting this permit with a scheduled reissue in the summer of 2002. Once the permit is reissued,your residence or facility would be eligible for continued coverage under the reissued permit. In order to assure your continued coverage under the general permit,you must apply to the DWQ for renewal of your permit coverage. To make this renewal process easier, we are informing you in advance that your permit will be expiring. Enclosed you will find a general permit coverage renewal application form. This will serve as your application for renewal of your permit coverage. The application must be completed and returned with the required information by February 01,2002 in order to assure continued coverage under the general permit_There is no renewal fee associated with this process. Failure to request renewal within this time period may result in a civil assessment of at least$250.00, Larger penalties may be assessed depending on the delinquency of the request. Discharge of wastewater from your residence or facility without coverage under a valid wastewater NPDES permit would constitute a violation of NCGS 143-215.1 and could result in assessments of civil penalties of up to$10,000 per day. If the subject wastewater discharge to waters of the state has been terminated,please complete the enclosed rescission request form. Mailing instructions are listed on Ore bottom of the form. You will be notified when the rescission process has been completed. If you have any questions regarding the permit coverage renewal Is please contact the Asheville Regional Office at 828-251-6208 or Mack Wiggins of the Central Office Slormwater Unit at(919)733-5083,ext.542 Sincerely, Bradley Bennett,Supervisor Slormwater and General Permits Unit cc: Central Files Slormwater and General Permits Unit Files Asheville Regional Office 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Telephone 919-733-5083 FAX 919-733-9919 An Equal Opportunity Affirmative Action Employer 50%recycled/10%post-consumer paper a (•a 11 4 i j 2 1 —S Y NQy O I � M � yb T i S {u q 1 � + I 1 I State of North Carolina� 7 I Department of Environment, Health and Natural Resources / • �/ Division of Water Quality James B. Hunt, Jr., Governor p E H N Wayne McDevitt, Secretary A. Preston Howard, Jr., P.E., Director July>21,i997 e , \ �P Boyd L Stewart r 161-226 South Bakersville, NC 28705 e Subject: Certificate of Coverage No.NCG550113 Renewal of General Permit Stewart,Boyd L.-Residence Mitchell County Dear Permitter: In accordance with your application for renewal of the subject Certificate of Coverage, the Division is forwarding the enclosed General Permit. This renewal is valid from the effective date on the permit until July 31,2002. This permit is issued pursuant to the requirements of North Carolina General Statute 143-215.1 and the Memorandum of Agreement between North Carolina and the U.S.Environmental Protection Agency dated December 6,1983. If any parts,measurement frequencies or sampling requirements contained in this permit are unacceptable to you,you have the right to request an individual permit by submitting an individual permit application. Unless such demand is made, this Certificate of Coverage shall be final and binding. The Certificate of Coverage for your facility is not transferable except after notice to the Division. Use the enclosed Permit Name/Ownership Change form to notify the Division if you sell or otherwise transfer ownership of the subject facility. The Division may require modification or revocation and reissuance of the Certificate of Coverage. If your facility ceases discharge of wastewater before the expiration date of this permit, contact the Regional Office listed below at (704) 251-6208. Once discharge from your facility has ceased, this permit may be rescinded. This permit does not affect the legal requirements to obtain other permits which may be required by the Division of Water Quality, the Division of Land Resources,Coastal Area Management Act or any other Federal or Local governmental permit that may be required. If you have any questions concerning this permit,please contact the NPDES Group at the address below. Sincerely, cc: Central Files A.Preston Howard, d_ Asheville Regional Office NPDES Group - Facility Assessment Unit P.O. Box 29535, Raleigh, North Carolina 27626-0535 (919)733-5083 FAX(919)733-0719 p&e@dem.ehnr.state.nc.us An Equal Opportunity Affirmative Action Employer 50% recycled /10%post-consumer paper rSTATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT, HEALTH, AND NATURAL RESOURCES DIVISION OF WATER QUALITY GENERAL PERMIT NO. NCG550000 I CERTIFICATE OF COVERAGE NO. NCG550113 TO DISCHARGE DOMESTIC WASTEWATERFROM SINGLE FAMILY RESIDENCES AND OTHER DISCHARGES WITH SIMILAR CHARACTERISTICS UNDER THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM i 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, P Boyd L Stewart is hereby authorized to operate a wastewater treatment facility which includes a septic tank, sand filter and associated appurtenances with the discharge of treated wastewater from a facility located at Stewart,Boyd L.-Residence 161-226 South Bakersville - Mitchell County to receiving waters designated as subbasin 40306 in the French Broad River Basin in accordance with the effluent limitations,monitoring requirements,and other conditions set forth in Parts I, II, III and IV of General Permit No. NCG550000 as attached. This certificate of coverage shall become effective August 1, 1997. This certificate of coverage shall remain in effect for the duration of the General Permit. <••••— Signed this day Inly21, 1997. P i I Preston Howard,Jr., P.E., Director 6' Division of Water Quality By Authority of the Environmental Management Commission State of North Carolina Department of Environment, Health and Natural Resources • Division of Environmental Management � James B. Hunt, Jr., Governor ��� Jonathan B. Howes, Secretary p E H N A. Preston Howard, Jr., P.E., Director November 29, 1993 ,n 1 Boyd L Stewart i 161-226 South on Bakersville NC 28705 Subject: Certified Operator Requirements Single Family Treatment Systems NPDES Permit No. NCG550113 Mitchell County Dear Mr. Stewart: During February of this year,public hearings were held on proposed changes to modify the operator certification rules. The proposed rules included a requirement that single-family discharge systems would be classified wastewater treatment facilities,which would require an annual inspection by a certified operator.The intent of the rule was to insure that the systems are being properly operated and maintained. During the public comment period, a significant amount of comments, statements and additional information was submitted. As a result, the Water Pollution Control System Operators Certification Commission amended the proposed rules. The rule, as adopted and effective July 1, 1993, now requires single-family discharging systems to be classified only if they are permitted after July 1, 1993 or if upon inspection by the Division of Environmental Management (DEM) it is found that the system is not being adequately operated and maintained. Systems can be inspected by DEM during routine compliance inspections, permit renewals, or complaint investigations. Once a system is classified, it will be required to have at a minimum, an annual inspection by a certified operator. It is important to remember that the NPDES .permit is part of a Federal program administered by the State of North Carolina and that violations of the permit are enforceable by Federal and State laws. Although your system will not be required to have a certified operator at this time,proper operation and maintenance is needed for the system to function satisfactorily. In as much as each system must be individually designed and sited, special maintenance requirements may apply to a specific installation. The attached maintenance schedule should however be applicable to most systems. The frequencies suggested are considered to be the minimum necessary. More frequent attention may be needed for a specific system and may be required by conditions of the permit. P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-0026 FAX 919-733-1338 An Equal Opportunity Affirmative Action Employer 50%recycled/10%post-consumer paper Certified Operator Requirements NCG550113 Page 2 In addition to being required by your permit,proper maintenance of your treatment system is extremely important to the long term serviceability of your wastewater treatment system. If proper maintenance is not given to the system, it will fail and will result in major expenses for repairs. We would strongly encourage you to take the necessary action to insure that your system is operating properly. If we can be of any assistance to you or if you have any questions or comments,please call Dwight Lancaster of our staff at(919) 733-0026. Sincerely, gCind Fin�ervvisor J aining and Certification Unit- cc:Asheville Regional Office-Water Quality Facilities Assessment Unit Central Files V_ I Y o-SUR State of North Catalina Vepaiturenl of Em ironmem. Health and Natural Resources Division of Environmental Mauaoement Pater Quality Section To: Reg. Supervisor Roy Davis. - Ashevi Ile Regional Office From: Dianne Williams Wilburn. NYDEHDR-DENI-WQ-Compliance'Enforcement Fax Number: (919)733-3293 Date: Thu, Aug 26, 1993 • 11:52 AEI 'I iansutitting (I)pages, includhtg cover sheet. If Berg is difficulty with this transmission. please call: (919) 733-5083 Vote: Hi. Cant catch you.' Called N-1r Stew ail. Told him to ignore letter to come to ENIC and that 1 would gel one of two letters to hinr t)Payment Schedule or 2) Close the Case. We are drafting both Letters and mill let APH decide. Dianne 6tate of North Carolina t artment of Environment,Ith andNatural Resources ageion ofEnvironmentalManagementes B. Hunt, Jr., Governor rim Jonathan B. Howes, Secretary p FEE N F A. Preston Howard, Jr., P.E., Director June 7, 1993 Certified Mail Return Receipt Requested 1s Mr.Boyd Stewart �,.✓ °` - Stewart Residence Route 3 161-626 S J J Bakersville,NC 28705 SUBJECT: Request for Remission of Civil Penalty Pursuant to N.C.G.S. 143-215.6A(f) County: Mitchell File No:DV 92-15 NPDES No. NC0O44474 Dear Mr. Stewart: I considered the information submitted in support of your request for remission in accordance with G.S. 143-215.6A(f)and my delegation under G.S. 143-215.6A(h)and hereby modify my initial civil penalty assessment of$1,150.36(Civil Penalty- $1,000.00 plus Investigative Costs - $150.36) to the total amount of$250.36 . Should you choose to pay the modified penalties,you may tender payment to me at the letterhead address on or before June 25, 1993. Please make checks payable to the Department of Environment, Health, and Natural Resources. You also have the option of presenting your request to the Committee on Civil Penalty Remissions which is comprised of members of the Environmental Management Commission. The committee may consider such requests and render final and binding decisions in these matters. You may argue your request before the committee and Division Staff will argue for full payment of the initial assessment. 1 JUN 9IM i P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-5083 FAX 919-733-5283 An Equal Opportunity Affirmative Action Employer 50%recycled/10%post-consumer paper Page 2 June 7, 1993 Should you choose to present your request to the committee please notify me at the letterhead address on or before June 25, 1993. Your request will be scheduled to be heard on the agenda of the next scheduled committee meeting and you will be notified of the date and time. If a response is not received by the Division regarding this notice then your request will be scheduled on the agenda for an upcoming committee meeting. Thank you for your cooperation in this matter. J zSinceml A. Preston HowazJPE. cc: Ashville Regional Office` Enforcement file State of North Carolina Department of Environment, Health and Natural Resources �/� Division of Environmental Management James B. Hunt, Jr., Governor ���� \�Jonathan B. Howes, Secretary p E H N F� A. Preston Howard, Jr., P.E., Director Sept. 23, 1993 Mr. Boyd Stewart Boyd Stewart Residence Route 3 161-626 S - Bakersville,NC 28705 Subject: Enforcement Action Boyd Stewart Residence File No:DV 92-15 NPDES No. NCO044474 Mitchell County Dear Mr. Stewart: The Division of Environmental Management,after a detailed review of your case,has decided to rescind the remaining$250.36 of the original$1,150.36 civil penalty. This penalty is being rescinded because the violation was inadvertent,and the NPDES permit has been issued. Therefore, this enforcement case has been closed. Please be advised that additional assessments may be levied for future violations which occur after the review period of this assessment. If you have any questions concerning this matter,please call Linda Forehand McCollum or Dianne Williams Wilburn at(919)733-5083. Sin, A so A. Preston Howard, Jr., P ce: Asheville Regional Office Enforcement File I SEP 271993 P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-5083 FAX 919-733-9919 An Equal Opportunity Affirmative Action Employer 50% recycled/10 b post-consumer paper /� " �r � �, _�_ /,//� - / - �z��� �. ..-ems /��'�,,.� -��-zo Ae of North Carolina) ent of Environment, Health and Natural Resources ALE' Division of Environmental Management sr James B. Hunt, Jr., Governor 1� Jonathan B. Howes, Secretary p E H N A. Preston Howard, Jr., P.E., Director t August 24, 1993 Tj �' (�' �l. 110ERTD RRE UTURN RECFJPT REOUESTBD !i I� UG 2 6 1993 Mr.Boyd Stewart - - Stewart Residence ill Rt 3 161-626S Bakersville N.C. 28705 RE: Request for Remission of Civil Penalty Pursuant to N. C. G. S. 143-215.6A(f) File No. DV 92-15 Mitchell County NCO044474 Dear Mr. Stewart: Your request for remission has been placed on the agenda for the September 9, 1993, meeting of the Environmental Management Commission's Committee on Civil Penalty Remissions. The Committee will convene immediately following the closing of the regularly scheduled business meeting of the Environmental Management Commission in the Ground Floor Hearing Room of the Archdale Building located at 512 North Salisbury Street, Raleigh, North Carolina. I would recommend arriving no later than 12:00 noon. The factors to be considered by the Committee on Civil Penalty Remissions are whether: (a) one or more of the civil penalty assessment factors in G.S. 143B-282.1(b) were wrongly applied to the detriment of the petitioner; (b) the violator promptly abated continuing environmental damage resulting from the violation; (c) the violation was inadvertent or the result of an accident; (d) the violator had been assessed civil penalties for any previous violations; (e) payment of the civil penalty will prevent payment for the remaining necessary remedial actions. Additionally,the Committee on Civil Penalty Remissions may remit the entire amount of the penalty only when the violator has not been assessed civil penalties for previous violations, and when payment of the civil penalty will prevent payment for the remaining necessary remedial actions. P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-5083 FAX 919-733-9919 An Equal Opportunity Affirmative Action Employer 50%recycled/10%post-consumer paper .ge 2 August 20, 1993 - You or your representative should be available to make your presentation to the Committee on Civil Penalty Remissions at the above mentioned time and location. You are allowed fifteen minutes for your presentation. Your cooperation in this matter is greatly appreciated. If you have any questions concerning this matter,please call Dianne Williams Wilburn at(919)733-5083,ext.233. Sincerely,. Z4 A. Preston Howard, , E. ce: Attorney General's Office DEM Regional Office Enforcement File dM'+T^IID O 4 State of North Carolina Department of Environment, Health and Natural Resources Division of Environmental Management Water Quality Section To: Reg. Supervisor Roy Davis, -Asheville Regional Office From: Dianne Williams Wilburn, NCDEI-INR-DEM-WQ-CompliancelEnforcement Fax Number: (919)733-5293 Date: Thu, Aug 26, 1993 • 11:52 AM Transmitting(1)pages,including cover sheet. If there is difficulty with this transmission,please call: (919)733-5083 Note: Ili. Can't catch you! Called Mr Stewart. Told hum to ignore letter to come to EMC and that I would get one of two letters to him:l)Payment Schedule or 2)Close the Case. We are drafting both letters and will let APH decide. Dianne .993 09:39 FROM DEN WATER QUALITY SECTION TO ARO P.01/03 Post-It"brand tax transmittal memo 7671 Nefpagas. 3to 11 Fore Co. CO. Dept. PPonpM1^jq . . FAxN i}4J" Fax N .k . . p-n. � VQ` m yea t'v v b3 b %2 y m It, UM eunf'OOBg mroj sd SE or }e items 1 and/ 2 far addit one?servire4r1 �I als wish to rarely, in, ' • Com'phate it... 3 and 4a & b. following services (far an x1m • Print your name and add a s on the reverse of this form sa f that we can return this card to you. ee): - • Attach this form to the front of the mailpiece, or on the 1. E3 Addrsssee's Address back If space doge not permit. • Write "Rohn"Recalpt Requested"on the mailpiges next to 2. ❑ Fisch ictad Deh"ry 3.Arbil, Add.r. Consult --tmeeter far fe@, 3. Article Addressed to: 4a. A`pip1.Number �"`-' 4b. Se`r/vice Type ?�, ,- 1�,_)_�l Q ❑ Registered ❑ Insured P15crugad ❑ COD ID Express Mail [] Return M rchan Rdieceipt for 7. o to of D- ellv9 '"namas (Ad res e) - /� �, it. Atldressos'e Address(Only if requested lgand to.is paid) 6. Si9natp a (AgerrcI { rs perm 3 1,_optobar 199D, rrp.s.aFDasad-273.991 ppME$TIC RETURN RECEIFT i393 09:39 FROM DEN WATER QUALITY SECTION TO RRO F.02/03 .ate of North Carolina Jepartment of Environment, Health and Natural Resources Division of Environmental Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary ID FEE N R A. Preston Howard, Jr„ P.E., Director June 7, 1993 Certified Mail Return ReceiytRequested Mr. Boyd Stewart Stewart Residence Route 3 161-626 S - Bakersville, NC 28705 SUBJECT: Request for Remission of Civil Penalty Pursuant to N.C.G.S. 143-215.6A(f) County:Mitchell File No: DV 92.15 NPDES No. NCO044474 Dear W. Stewart: I considered the information submitted in support of your request for remission in accordance with G.S. 143-215.6A(f) and my delegation under G.S. 143-215.6A(h)and hereby modify my initial civil penalty assessment of$1,150.36(Civil Penalty-$1,000.00 plus Investigative Costs-$150.36) to the total amount of$250.36 . Should you choose to pay the modified penalties,you may tender payment to me at the letterhead address on or before June 25, 1993, Please make checks payable to the Deparunent of Euvimnmem Health, and Natural Resources. You also have the option of presenting your request to the Committee on Civil Penalty Remissions which is comprised of members of the Environmental Management Commission. The committee may consider such requests and render final and binding decisions in these matters. You may argue your request before the committee and Division Staff will argue for fail payment of the initial assessment. P.O. Box 29535, Raleigh, North Carolina 27626.0535 Telephone 919-733-5083 FAX 919-733-5283 An Equal Opportunity Affirmative Action Employer 50%Noyclsdf 10%post<ansumar paper 1993 09:40 FROM DEM WATER 00RLITY SECTION TO ORO P.03/03 Page 2 June 7, 1993 Should you choose to present your request to the committee please notify me at the letterhead address on or before June 25, 1993. Your request will be scheduled to be heard on the agenda of the next scheduled,committee meeting and you will be notified of the date and time. If a response is not received by the Division regarding this notice then your request will be scheduled on the agenda for an upcoming committee meeting. Thank you for your cooperation in this matter. el Si �J/1 A. Preston Howarlj,.>s!P,E, cc: Ashville Regional Office 'Fnforcement'ple q o STATE OF NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION COUNTY OF IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND PERMIT NO. ) STIPULATION OF FACTS FILE NO. D V Ord Having been assessed civil penalties totalling # / / SO • 36 for violation(s)as set forth in the assessment document of the Director of the Division of Environmental Management dated, � 15 — 93 ,the undersigned,desiring to seek remission of the civil penalties,does hereby waive the right to an administrative heating in the above-stated matter and does stipulate that the facts are as alleged in the assessment document. This the /J :L day of ✓ -)arcA , 19 q? L yd „xe $ I BY ADDRESS 1 & l - 226 nou'[K RL 3 �cr_l<ersrTlle, NC, ;�R7o5 MAR 24 1993 1VtAT.ER 'QUALITY SECTION,�\V�® TELEPHONE �ESSMEdF omit �0 4- - (0 8 8 - 3/da APR FPGlUS1ES Itpp I ' WATER ppUALITUVER A F.VILLE REGIONAOCOFFICE I „wg/+ro 'fir.✓� State of North Carolina Department of Environment, Health and Natural Resources Division of Environmental Management 512 North Salisbury Street•Raleigh,North Carolina 27604 James B.Hunt,Jr.,Governor Jonathan B.Howes,Secretary. March 29, 1993 MR BOYD STEWART STEWART RESIDENCE ROUTE 3 161-626 S BAKERSVILLE NC 28705 RE: Request for Remission of Civil Penalty Stewart Residence File No.DV 92-15 Mitchell County Dear Mr. and Mrs. Stewart: The Division of Environmental Management has received your request for remission of civil penalty dated March 12, 1993,with accompanying support information. Your request will be placed on the agenda of the Director's next scheduled enforcement conference and you will be notified of the results. Should you have any questions,please feel free to call me at (919)733-5083, ext. 233. Sincerely, ianne Williams Wilburn, Supervisor Compliance/Enforcement Group cc: DEM Asheville Regional Office Enforcement File u 15 L n�It�I tss3 WATER OUALITYYSSEECT_IO.N Regional Offices I_,_„ ASIIEVILL_REGIONAI.OFw F®ICE Asheville Fayetteville Mooresville Raleigh Washington Wilmington Winston-Salem 704/251-6208 919/486-1541 704/663-1699 919/571-4700 919/946-6481 919/395-3900 919/896-7007 Pollution Prevention Pays P.O.Box 29535,Raleigh,North Carolina 27626-0535 Telephone 919-733-7015 An Equal Opportunity Affirmative Action Employer 1 ovW, _I t ts . ,ter• t can-- APR 2 6 W v.e �f� S WATERCUALITv SECTION ASIIF.VILL.REGIONAL OFFICE r- l d A-D-LC �� C 1, t1� tiM I A�3 2. otd 9 D— i \4-\ v c k cL Q Q M-n nn k l�o Is�v 1cJ� I- L-Llu is Qca �—i�o _ Vic@; ,�.,�e__�t�e.�.�.�u•�a LN,, o_ F n � one Lt��w i �c�� CtmcA ��t&4 4m l d L eta Ic{��'\A n n Ca t eZ-A-C- c.�A-1 YA I a 0 • J Ci�Y 0 19C? ,3 11:08 FROM y-QEM WRIER DUALITY SECTION TO RRO P.�' Post-Ir brand fax transmittal memo 7671 5 Ttl �. iwm Ca. Co. p Fi%% r1S.J Fa%A X k—k-4 ( � � , �; Qpn rye j3 11:oe FROM 'EM WATER QUALITY SECTION TO ARC F.02/05 —_---_._ ��a.__ `c, s Zx .-- —ate— rues iG� LLB, -- .__�ua_—;.0 �oQcJ_. _.fie... — SOC PRIORIT(-)PROJECT: Yes No x IF YES, SOC NUMBER TO: PERMITS AND ENGINEERING UNIT WATER QUALITY SECTION ATTENTION: Mack Wiggins DATE: April 28, 1993 NPDES STAFF REPORT AND RECOMMENDATION COUNTY Mitchell PERMIT NUMBER NCO044474 PART I - GENERAL INFORMATION 1. Facility and Address: Stewart Residence Route 3 Bakersville, N. C. 28705 2 . Date of Investigation: November 3, 1992 3 . Report Prepared By: Linda Wiggs 4. Persons Contacted and Telephone Number: S. Directions to Site: From intersection of Highway 226 and Highway 19E, travel North on 19E approximately 5 miles. The Stewart residence is on the left across from NCSR 1193 . 6. Discharge Point(s) , List for all discharge points: Latitude: 350 57' 45" Longitude: 820 06' 59" Attach a USGS map extract and indicate treatment facility site and discharge point on map. U. S.G.S. Quad No. U. S.G. S. Quad Name Spruce Pine 7. Site size and expansion area consistent with application? 1/4 acre Yes No If No, explain: S. Topography (relationship to flood plain included) : Rolling hill. Page 1 �An/ 9. Location of nearest dwelling: 100 feet. 10. Receiving stream or affected surface waters: Cranberry Branch. a. Classification: C Trout b. River Basin and Subbasin No. : 04 03 06 C. Describe receiving stream features and pertinent downstream uses: Trout habitat. PART II - DESCRIPTION OF DISCHARGE AND TREATMENT WORKS 1 . a. Volume of wastewater to be permitted 300 gpd MGD (Ultimate Design Capacity) b. What is the current permitted capacity of the Wastewater Treatment facility? Domestic . C. Actual treatment capacity of the current facility (current design capacity 100% d. Date(s) and construction activities allowed by previous Authorizations to Construct issued in the previous two years: e. Please provide a description of existing or substantially constructed wastewater treatment facilities; Existing subsurface sandfilter septic system. f. Please provide a description of proposed wastewater treatment facilities: g. Possible toxic impacts to surface waters: h. Pretreatment Program (POTWs only) : in development approved should be required not needed 2. Residuals handling and utilization/disposal scheme: Septic tank pumping company. a. If residuals are being land applied, please specify DEM Permit Number Residuals Contractor Telephone Number b. Residuals stabilization: PSRP PERP OTHER Page 2 n n C . Landfill: d. Other disposal/utilization scheme (Specify) : 3. Treatment plant classification (attach completed rating sheet) : 4. SIC Codes(s) : 4952 _ Wastewater Code(s) of actual wastewater, not particular facilities i.e. , non-contact cooling water discharge from a metal plating company would be 14, not 56. Primary 04 Secondary Main Treatment Unit Code: 440-7 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: 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: Connection to Regional Sewer System: Subsurface: Other disposal options: 5. Other Special Items: Page 3 PART IV - EVALUATION AND RECOMMENDATIONS ARO recommends Permit Number NCO044474 be reissued. Sig ature of Report rEe Water Quality Regional Supervisor Date Page 4 LG IX lvt L' l Vb InfC 1N lb1t I UK - U '- �`''� ._i[CAL SURVEY 36.00 _I 99. ^f. J I v0 UI 02 5 �oo � Ilk vRU-82 IN ji x 4; Ly i 3 o � j / O C i H.T 'l V i j ,-) 0 a State of North Carolina Department of Environment, Health, and Natural Resources 512 North Salisbury Street • Raleigh, North Carolina 27604 James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary DIVISION OF ENVIRONMENTAL MANAGEMENT WATER QUALITY SECTION February 19, 1993 Mr. Mike Silvers Mitchell County Dept. of Inspections 125 School Road Bakersville, North Carolina 28705 Subject: Boyd Stewart Residence Verification of Sewage Disposal Mitchell County Dear Mr. Silvers: This is to inform you that the Division of Environmental Management has received a complete application package from Mr. Stewart for the renewal of the NPDES permit for the septic tank/subsurface sand . filter serving his residence. Now that an i application is on file with the Division, the facility at Mr. Stewart' s residence is deemed approved. Past inspections indicated the facility was operating properly. If you should have any questions, please feel free to contact me at 704-251-6208. Sincerely yours, If . ��11(1- Kerr S. Becker Environmental Technician Inmmchange Building, 59 Wnodfin Place, Asheville, NC 28801 •Telephone N 251G20e An EQuai OpMnrumw A(firmame Action 6nolove, a7[MMAR 1993 n n wnTce punurr sccno u �L,UI'Ay.J State of North Carolina FlStILYILL a[GIOh'nt OFiICE Department. of Environment, Health and Natural Resources Division of Environmental Management 512 North Salisbury Street • Raleigh, North Carolina 27604 James B. Hunt,Jr.,Governor - Jonathan B.Howes,Secretary. March 18, 1993 Boyd Stewart - Subject:. NPDES Permit Application 161-226 South NPDES Permit No.NC0044474 Bakersville, NC 28705 Stewart Residence Dear Mr. Stewart Mitchell , - County This is to acknowledge receipt of the following documents on February 18, 1993: _ Application Form _ Engineering Proposal (for proposed control facilities) , Request for permit renewal, Application Processing Fee of $240.00, _ Engineering Economics Alternatives Analysis, _ Local Government Signoff, _ Source Reduction and Recycling, - Interbasin Transfer, Other Check No. 370 will be returned. Received a check earlier for $240.00. Check 'f'r/y( The items checked below are needed before review can begin: Application Form Short to. D. Engineering proposal (see attachment) , _ Application Processing Fee of _ Delegation of Authority (see attached) — Biocide. Sheet (see attached) _ Engineering Economics Alternatives Analysis, _ Local Government Signoff, _ Source Reduction and Recycling, _ Interbasin Transfer, Other Regional Offices Asheville Payetleville Mooresville Raleigh Washington Wilmington Winston-Salem 704/251-6208 919/496-1541 704/663-1699 919/571-4700 919/946-6481 91.9/3953900 919/896 M07 Pollution Prevention Pays P.O. Box 29535,Raleigh,North Carolina 27626-0535 Telephone 919 733-7015 _ An Equal Opporhinity Affirmative Action Employer f-�'✓ If the application is not made complete within thirty (30) days, it will be returned to you and may be resubmitted when complete . This application has been assigned to Mack Wiggins (919/733-5083) of our Permits Unit for review. You will e advised of any comments recommendations., questions or other information necessary for the review of the application. I am, by copy of this letter, requesting that our Regional Office Supervisor prepare a staff report and recommendations regarding this discharge . If you have any questions regarding this applications, please contact the review person listed above. Sincerely, 6 C Teen H. Sul s, P .E . CC : Asheville Regional Office 1 � s State of North Carolina Department of Environment, Health and Natural Resources Division of Environmental Management 512 North Salisbury Street•Raleigh,North Carolina 27604 James B.Hunt,Jr.,Governor Jonathan B.Howes,Secretary February 17, 1993 CERTIFIED MAIL __ RETURN RECEIPTREQUESTED � Q Mr.Boyd Stewart 19 Boyd Stewart Residence Route 3 Bakersville,North Carolina 28705 WATER OOALIT SECTION hSIIEVILL REGIONAL OFFICE SUBJECT: Assessment of Civil Penalties for Violation(s) of N.C. General Statute(s) 143-215.1(a)(1) (Mitchell County File No. DV 92-15 Dear Mr. Stewart: This letter transmits notice of a civil penalty assessed against Boyd Stewart Residence in the amount of$1,150.36 including$150.36 in investigative costs. Attached is a copy of the assessment document explaining this penalty. This action was taken under the authority vested in me by delegation pursuant to N.C.G.S. 143-215.6A(h). Any continuing violation(s)may be the subject of a new enforcement action,including an additional penalty. Within thirty days of receipt of this notice, you must do one of the following: 1. Submit payment of the penalty: Payment should be made directly to the order of the Department of Environment,Health, and Natural Resources (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: Mr. Steve W. Tedder Water Quality Section Chief P.O. Box 29535 Raleigh,North Carolina 27626-0535 OR Regional Offices Asheville Fayetteville Mooresville Raleigh Washington Wilmington Winston-Salem 704251-6208 919/486-1541 704/663-1699 919/5714700 9191946-6481 919/395-3900 919/896-7007 Pollution Prevention Pays P.O.Box 29535,Raleigh,North Carolina 27626-0535 Telephone 919-733-7015 An Equal Opportunity Affirmative Action Employer 2. Submit a written request for remission or mitigation including a detailed justification for such request: A request for remission or mitigation is limited to consideration of the reasonableness of the amount of the penalty and is not the proper procedure for contesting the accuracy of any of the statements contained in the assessment letter. 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 that there are no factual or legal issues in dispute. You must execute and return to this office the attached waiver and stipulation form and a detailed statement which you believe establishes whether: (a) one or more of the civil penalty assessment factors in G.S. 143B- 282.1(b)were wrongfully applied to the detriment of the petitioner, (b) the violator promptly abated continuing environmental damage resulting from the violation; (c) the violation was inadvertent or a result of an accident; (d) the violator had been assessed civil penalties for any previous violations; (e) payment of the civil penalty will prevent payment for the remaining necessary remedial actions. Please submit this information to the attention of: Mr. Steve W. Tedder Water Quality Section Chief Division of Environmental Management P.O. Box 29535 Raleigh,North Carolina 27626-0535 OR 3. Submit a written request for an administrative hearing: If you wish to contest any statement in this assessment letter,you must request an administrative hearing. This request must be in the form of a written petition,confomilng to Chapter 150B of the North Carolina General Statutes,and filed with the Office of Administrative Hearings,Post Office Drawer 27447, Raleigh, North Carolina 27611-7447. A copy of the petition must be served on the Department as follows: Office of General Counsel NCDEHNR Post Office Box 27687 Raleigh,North Carolina 27611 Failure to exercise one of the options above within thirty days,as evidenced by a date stamp (not a postmark)indicating when we received your response, will result in this matter being referred to the Attorney General's Office with a request to initiate a civil action to collect the penalty. Please be advised that additional assessments may be levied for future violations which occur after the review period of this assessment.If you have any questions,please contact Kent Wiggins or Dianne Williams Wilburn at(919) 733-5083. Sincerely, / x4Z. / A. Preston Howar P.E. Acting Director ATTACHMENTS cc: Regional Supervisor Compliance/Enforcement File Central Files Public Information Officer n STATE OF NORTH CAROLINA ENVB20NMENTAL MANAGEMENT COUNTY OF COMMISSION IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND PERMIT NO. ) STIPULATION OF FACTS FILE NO. Having been assessed civil penalties totalling for violation(s)as set forth in the assessment document of the Director of the Division of Environmental Management dated, ,the undersigned, desiring to seek remission of the civil penalties,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. This the day of , 19_. BY ADDRESS TELEPHONE STATE OF NORTH CAROLINA NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION COUNTY OF MITCHELL File No. DV 92-15 IN THE MATTER OF ) BOYD STEWART RESIDENCE ) NPDES NC0044474 ) FINDINGS AND DECISION FOR OPERATION OF A WASTEWATER ) AND ASSESSMENT OF TREATMENT FACILITY WITHOUT A ) CIVIL PENALTIES PERMIT ) Acting pursuant to North Carolina General Statute (G. S. ) 143-215. 6A, I , A. Preston Howard, Jr. , Acting Director of the Division of Environmental Management (DEM) , make the following: I . FINDINGS PE FACT: A. On September 27, 1989, September 24, 1991, and November 3, 1992 Division of Environmental Management staff inspected the Boyd Stewart Residence and observed that the house served by the septic tank/subsurface sand filter trench was occupied. B. Boyd Stewart operates a septic tank/subsurface sand filter trench at Bakersville, North Carolina. C. Boyd Stewart had no valid permit for the above described activity. D. The costs to the State of the enforcement procedures in this matter totalled $150. 36. Based upon the above Findings of Fact, I make the following: II . CONCLUSIONS OF LAW: A. Boyd Stewart is a "person" within the meaning of G. S. 143-215 . 6A pursuant to G. S. 143-212(4) . B. Cranberry Branch constitutes waters of the State within the meaning of G. S. 143-215. 1(a) (1) pursuant to G. S. 143-212(6) . C. A permit is required for the operation of a septic tank/subsurface sand filter trench pursuant to G.S. 143-215. 1 (a) (2) • n n -2- D. Boyd Stewart may be assessed civil penalties in this matter pursuant to G.S. 143-215 . 6A(a) (2) , which provides that a civil penalty of not more than ten thousand dollars per violation may be assessed against a person who is required but fails to apply for or to secure a permit required by G. S. 143-215 . 1. E. The State' s enforcement costs in this matter may be assessed against Boyd Stewart pursuant to G. S. 143-215.3(a) (9) and G. S. 143B-282. 1(b) (8) . . F. The Director, Division of Environmental Management, pursuant to delegation provided for by G. S. 143-215. 6A(h) , has the authority to assess civil penalties in this matter. Based upon the above Findings of Fact and Conclusions of Law, I make the following: III . DECISION: Accordingly, Boyd Stewart is hereby assessed a civil penalty of: for failing to apply for or to secure a permit for the subject outlet to the waters of the State. $ /000 TOTAL CIVIL PENALTY, which is 10 percent of the maximum penalty authorized by G.S. 143-215. 6A. $ /,$O. 3 6 Enforcement costs $ / .>D • 3 �' TOTAL AMOUNT DUE -3 As required by G. S. 143-215 . 6A(c) , in determining the amount of the penalty I have considered the factors listed in 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 non-compliance; (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. (Date) A. Preston Howar . Acting Director Division of Environmental Management State of North Carolina Department of Environment, Health, and Natural Resources Asheville Regional Office James G. Martin, Governor Ann B. Orr William W Cobey, Jr., Secretary Regional Manager DIVISION OF ENVIRONMENTAL MANAGEMENT WATER QUALITY SECTION December 14, 1992 MEMORANDUM TO: Steve Tedder, Chief Water Quality Section FROM: Forrest R. Westall ^ � Regional Water Quali rvisor SUBJECT: Findings and Decisions Civil Penalties Boyd Stewart Residence Mitchell County Please find enclosed a package for assessment of civil penalties for Boyd Stewart Residence in Mitchell County. If you have any questions, please call. FRW: ls Enclosure Interchange Building, 59 tl/dfin Place, Asheville, N.C. 28801 •Telephone 709 251fi208 An E,.,l Opportnniry A,rn.c�c Action Employer STATE OF NORTH CAROLINA NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION COUNTY OF MITCHELL File No. DV IN THE MATTER OF ) BOYD STEWART RESIDENCE ) NPDES NC0044474 ) FINDINGS AND DECISION FOR OPERATION OF A WASTEWATER ) AND ASSESSMENT OF TREATMENT FACILITY WITHOUT A ) CIVIL PENALTIES PERMIT ) Acting pursuant to North Carolina General Statute (G. S. ) 143-215. 6A, I, A. Preston Howard, Jr. , Acting Director of the Division of Environmental Management (DEM) , make the following: I . FINDINGS OF FACT: A. On September 27, 1989, September 24, 1991,. and November 3, 1992 Division of Environmental Management staff inspected the Boyd Stewart Residence and observed that the house served by the septic tank/subsurface sand filter trench was occupied. B. Boyd Stewart operates a septic tank/subsurface sand filter trench at Bakersville, North Carolina. C. Boyd Stewart had no valid permit for the above described activity. D. The costs to the State of the enforcement procedures in this matter totalled $150. 36. Based upon the above Findings of Fact, I make the following: II . CONCLUSIONS OF LAW: A. Boyd Stewart is a "person" within the meaning of G. S. 143-215. 6A pursuant to G. S. 143-212(4) . B. Cranberry Branch constitutes waters of the State within the meaning of G. S. 143-215. 1(a) (1) pursuant to G. S. 143-212(6) . C. A permit is required for the operation of a septic tank/subsurface sand filter trench pursuant to G.S. 143-215. 1 (a) (2) . l� -2- D. Boyd Stewart may be assessed civil penalties in this matter pursuant to G. S. 143-215 . 6A(a) (2 ) , which provides that a civil penalty of not more than ten thousand dollars per violation may be assessed against a person who is required but fails to apply for or to secure a permit required by G. S. 143-215. 1. E. The State' s enforcement costs in this matter may be assessed against Boyd Stewart pursuant to G. S. 143-215 .3(a) (9) and G. S. 143B-282 . 1(b) (8) . F. The Director, Division of Environmental Management, pursuant to delegation provided for by G. S. 143-215 . 6A(h) , has the authority to assess civil penalties in this matter. Based upon the above Findings of Fact and Conclusions of Law, I make the following: III . DECISION: Accordingly, Boyd Stewart is hereby assessed a civil penalty of: $ for failing to apply for or to secure a permit for the subject outlet to the waters of the State. $ TOTAL CIVIL PENALTY, which is percent of the maximum penalty authorized by G. S. 143-215 . 6A. $ Enforcement costs $ TOTAL AMOUNT DUE i 3 As required by G. S. 143-215 . 6A(c) , in determining the amount of the penalty I have considered the factors listed in 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 non-compliance; (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. (Date) A. Preston Howard, Jr. Acting Director Division of Environmental Management i i i F DIVISION OF ENVIRONMENTAL MANAGEMENT ENFORCEMENT CASE ASSESSMENT FACTORS �I Type: (DV) Operation w/o permit Violator: Boyd Stewart Address: Route 3 Bakersville, North Carolina 28705 Regional Office: Asheville 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: No harm to natural resources, public health, or private property occurred. 2 . The duration and gravity of the violation: Mr. Stewart allowed his NPDES Permit to expire March 31, 1989 without seeking renewal. On August 24, 1968 and October 6, 1969, Mr. Stewart was sent letters notifying him to renew NPDES Permit No. NCO044474. When Mr. Stewart did not respond, two Notices of Violations dated February 16, 1990 and March 6, 1990 were sent to Mr. Stewart. Mr. Stewart did not submit an application until he was contacted personally by a Division inspector on November 20, 1990. The application, which was received by the Division on November 20, 1990, was returned November 30, 1992by the Division citing incorrect fee payment as the reason and asking him to resubmit the application with the correct fee. Mr. Stewart had been quoted an incorrect fee requirement by the Division inspector. Since the application was not resubmitted, Mr. Stewart was sent a Notice of Violation on August 8, 1991 reminding him of the requirement to obtain a NPDES Permit and requesting him to resubmit the applications with the correct payment. Mr. Stewart has not responded to the Notice of Violation and efforts to contact him have been without success. Mike Parker revisited the site November 3, 1992 and verified that the trailer was still on site. On December 10, 1992, Mr. Stewart contacted Ms. Becker stating that he was wanting to replace the existing trailer with a new one. Mr. Stewart was told at that time that the Division was preparing an enforcement action for failure to renew his permit. Mr. Stewart stated that he had been working out of state for a construction firm and had not been aware that his permit application had been returned. -2- 3. The effect on ground or surface water quantity or quality or on air quality: No effect on ground or surface water quantity or quality or on air quality was identified. 4. The cost of rectifying the damage: Costs associated with the renewal of the NPDES permit. 5. The amount of money saved by non-compliance: Costs associated with renewal of the NPDES permit. 6. Whether the violation was committed willfully or intentionally: Mr. Stewart did allow his permit to expire without renewal and did not seek renewal until contacted personally by a Division inspector on November 20, 1990. At that time, Mr. Stewart did submit an application and permit fees. The application package was returned on November 30, 1992 due to an incorrect permit fee payment. It should be noted that the amount submitted was the fee quoted to Mr. Stewart by the Division inspector. Mr. Stewart did not respond to the November 30, 1992 letter asking him to resubmit the application with the correct fee nor to an August 8, 1991 Notice of Violation. No application is on file with the Division to date. 7. The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority: Mr. Stewart was in compliance with the requirements of the General Statutes until -the expiration of NPDES Permit No. NCO044474. 8. The cost to the State of the enforcement procedures: Cost to the State for enforcement procedures totaled $150.36. 9. Type of violator and general nature of business (i.e. Individual vs. large corporation) : Individual, single family residence () F) -3- 10. Violators degree of cooperation (including efforts to prevent or restore) or recalcitrance: Mr. Stewart has not responded to letters or Notices of Violations requesting renewal of his permit. His only response came when personally contacted by Division personnel. 11. Mitigating Circumstances: Mr. Stewart did submit an application and permit fee when personally contacted; the application was returned citing incorrect fee payment as the reason. The fee was incorrectly quoted to Mr. Stewart by the Division inspector. 12. Owner of property where septic tank/subsurface sand filter trench is located: Boyd Stewart 13. Pictures of discharge: (optional) 14. Assessment Factors: a) IWC: 0. 15% b) Receiving Stream: Cranberry Branch c) SOC/JOC status/negotiations d) Copy of MP Screen N/A e) Copy of Limits Page in Permit f) Damage) y/n If yes include report from WRC No damage identified. i APPENDIX A. Copy of NPDES Permit #NC44474 issued to Mr. Boyd Stewart. B. August 24, 1988 renewal notice and October 6, 1989 inspection letter notifying Mr. Stewart of need to renew permit. November 30, 1990 letter returning Mr. Stewart' s application and requesting resubmittal with correct fees and information. C. Notices of Violation dated February 16, 1990, March 6, 1990, and August 8, 1991. D. Copy of letter and check submitted November 20, 1990 by Mr. Stewart for renewal of his permit. i CERTIFICATION PAGE I certify that the information in this report is true to the best of my knowledge. All violations of self-monitoring data have been verified by hard copy review of the monthly reports (if applicable) and the appropriate permit (if applicable) . Signature of Principal Investigator(a) : (�JZC2 DATE: L , �7, JYZ-. Permit No. NC 0044474 STEHART EMFORCEEIEMT {' r" T A? * " APPENDIX A - APR 24 1984 _ AWestern Regional Cfric:. Asheville, North Ou,Iu,, STATE OF NORTH CAROLINA DEPARTMENT OF NATURAL RESOURCES & COMMUNITY DEVELOPMENT DIVISION OF ENVIRONMENTAL MANAGEMENT P E R M I T To Discharge Wastewater Under the NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM I 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 i Environmental Management Commission, and the Federal Water Pollution Control Act, as amended, Mr. Boyd Stewart is hereby authorized to discharge wastewater from a facility located at Boyd Stewart Residence NO Highway 226 Mitchell County to receiving waters designated Cranberry Branch in the French Broad River Basin in accordance with effluent limitations, monitoring requirements, and other conditions set forth in Parts I, II, and III hereof. This permit shall become effective April 19, 1984 This permit and the authorization to discharge shall expire at midnight on March 31, 1989 Signed this day of April 19, 1984 q(IRlnal Signed ay 1 FORREST N. WEsTALL FOR Robert F. Helms, Director Division of Environmental Management. By Authority of the Environmental Management Commission Mi & I1 Permit No. NC0044474 ,F k eiR 1 SUPPLEMENT TO PERMIT COVER SHEET ' Mr. Boyd Stewart is hereby authorized to: 1. Enter into a contract for the construction and operation of a 300 square foot subsurface sand filter trench to be operated in conjunction with an existing septic tank, and 2. Make an outlet into Cranberry Branch, and 3. After receiving an Authorization to Construct from the Division of Environmental Management, construct and operate a 300 square foot subsurface sand filter trench to be operated in conjunction with an existing septic tank located in the Ledger Community adjacent to North Carolina Highway 226, Mitchell County, North Carolina (Subject to Part III of this permit), and 4. Discharge from said treatment works into an unnamed tributary to Cranberry Branch which is classified "C-Trout" waters. A. (1). EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS Final During the period beginning on the effective date of the Permitand lasting until ekpiration, the permittee is authorized to discharge from outfall(s) serial number(s) Doi. Such discharges shall be limited and monitored by the permittee as specified below: Effluent Characteristics Discharge Limitations Monitoring Requirements K da lbs da Other-Units (Specify) Measurement Sample Sam 1 Monthly Avg. weekly Avg. Monthly Avg. ee y yg. rgq�F uencY Type Locatio Flow 300 GPD BOD, 5Day, 200C 30 mg/1 45 mg/1 TSS 30 mg/1 45 mg/1 J z WaM waw o � s The pH shall not be less than 6.0 standard units nor greater than 9.0 standard units and c Y shall be monitored There shall be no discharge of floating solids or visible foam in other than trace amounts. STET^! ART ENFORCEM EDIT - APPENDIX B State of North Carolina Department of Natural Resources and Community Development Division of Environmental Management 512 North Salisbury Street • Raleigh, North Carolina 27611 James G. Martin, Governor R. Paul XYrilms S. Thomas Rhodes, Secretary Director August 24, 1988 BOYD STEWART STEWART RESIDENCE (BOYD RT. 3 BAKERSVILLE NC 28705 1 Subject: NPDES Permit No. NCO044474 j MITCHELL Dear BOYD STEWART i Our files indicate that the subject permit for a wastewater discharge to the surface water expires on 890331. GS 143-215. 1(c) requires that an application for renewal must be filed 180 days prior to the expiration date. We have not received an application for renewal from you as of this date. Arenewal application shall consist of a letter requesting renewal along with the appropriate completed and signed application form referenced in Title 15 of the North Carolina Administrative Code, Subchapter 211, .0105. Primary industries listed in Appendix A of Title 40 of the Code of Federal Regulations Part 122 shall submit a r R Part 122 priority pollutant analysis that is performed in accordancerdance with 40 CFR Part 122.21. A processing fee must be submitted with the application. Please find attached a copy of the 15 NCAC 2B .0105(b) regulations. The processing fee for your facility is based on the design or permitted flow, whichever is appropriate, listed in the first five categories of facilities. No facility is allowed to submit a fee for the general permits listed in the fee schedule at this time since EPA has not approved our general permit. Also the Environmental Management Commission adopted rules on August 1, 1988, requiring the payment of an annual fee for most permitted facilities (See Attached). You will be. billed separately for that fee (if applicable), after your permit is approved. This matter should be given prompt attention in that continued discharge after the permit's expiration, without the filing of a complete and timely application for renewal, constitutes discharge without a permit and is a violation of GS 143-215..1(a) and the Federal Clean Water Act of 1977. The application for renewal should be submitted to: Permits and Engineering Unit Division of Environmental Management P. 0. Box 27687 Raleigh, North Carolina 27611.-7687 Poldmnn Frnrnrinn Po" P" PO Box 27687 R21tl& Nor Ci111111111 7687 T IO I nt 919733 Ml1 For further information, please contact me at 919 733-7015. Sincerely, M. Dale Overcash, P.E. / Supervisor, NPDES Permits Group cc: ASHEVILLE Regional Office V Central Files �o i State of North Carolina Department of Environment, Health, and Natural Resources Asheville Regional Office James G. Martin, Governor Ann B. Orr William W. GobC34 Jr., Secretary Regional Manager DIVISION OF ENVIRONMENTAL MANAGEMENT WATER QUALITY SECTION October 6, 1989 Mr. Boyd Stewart Route 3 ° Bakersville, North Carolina 28705 Subject: Compliance Evaluation Inspection Status: In Compliance Boyd Stewart Residence NPDES Permit Number NCO044474 Mitchell County I Dear Mr. Stewart: A Compliance Evaluation Inspection was conducted September 27, 1989, of the, septic tank/subsurface sandf;ilter trench serving the residence at Hwy 226 North in Bakersville, N.C. The facility grounds and the receiving stream indicated no problems . The wastewater treatment facility appears to be operating satisfactorily. The NPDES permit originally issued to you April 19, 1984, was allowed to expire March 31, 1989, without requesting renewal. •. To discharge to state waters without a permit issued by the state of North Carolina is a. violation of N.C. General Statutes 143.215-1. Failure to obtain renewal of the NPDES permit originally issued to.,.you will result in the initiation of enforcement proceedings. To renew NPDES permit NC0044474, a letter requesting renewal and a $120.00 check or money order payable to the Dept. of the Environment, Health, and Natural Resources should be submitted to: Kerry S. Becker N.C. Dept. of the Environment, Health, and Natural Resources 59 Woodfin Place Asheville, North,Carolina 26801 ' J „) Inmmhan Building,59 Woodfin Place, Asheville, NC. 28mi •Tel,phone 7Pu516 08 Stewart Ober 6, 1989 1 age Two If, in the future, the residence is sold, please inform the new owners that they will need to apply for a new permit. NPDES Permits are not transferable. If you have any questions, please contact either Mr. Mike Parker or me at 704/251-6208. Sincerely yours, Kerry S. Becker Environmental Technician Enclosure 0 xc: 'Dan Ahern, EPA no R1 CL: 1VED 3 Water QuaFty Section DEC State of North Carolina Asheville Reglcnal Office Department of Environment,Health,and Natural Resources Asheville, North Carolina Division of Environmental Management 512North Salisbury Street• Raleigh,North Carolina 27611 James G. Martin,Governor George T.Everett,Ph.D. William W. Cobey,Jr., Secretary Director November 30, 1990 Mr. Boyd Stewart Route 3 Bakersville, NC 28705 Subject: NPDES Permit Application NPDES Permit No. NCO044474 Stewart Residence Mitchell County Dear Mr. Stewart: On November 28, 1990, the Division of Environmental Management received a NPDES Permit Application for the subject facility. The application is considered incomplete. Therefore, the .Division of Environmental Management is returning the application. The returned information must be resubmitted with the following to complete the application: A check for $240.00 made payable to the NC Department of EHNR as the permit has expired. The attached application, Short Form D completed and signed by the appropriate official, and submitted in triplicate. For permit renewals, a letter requesting renewal. - The Division of Environmental Management will initiate the permit review process upon receipt of the above requested Information. The receipt of the above information does not preclude this Division from requesting additional information at a future date. If you have any questions, please contact me at (919) 733-5083. Sincerely, ,�' M. Dale Overcash, PE Supervisor, NPDES Permits capA9g�i,11(� �16iS'�l'�ffice . Pollution Prevention Pays P.O.Box 27687,Raleigh,North Carolina 27611-7687 Telephone 919-733-7015 An Equal Opportunity Aff rmetive Action Employer STEWART ENFORCEMENT APPENDIX C State of North Carolina Department of Environment, Health, and Natural Resour es Division of Environmental Management 512 North Salisbury Street • Raleigh, North Carolina 27611 James G. Martin, Governor R. Paul Wilms William W. Cobey, Jr., Secretary February 16, 1990. Director Certified Mail Return Receipt Requested BOYD STEWART STEWART RESIDENCE (BOYD) RT. 3 BAKERSVILLE, NC 28705 SUBJECT: NOTICE OF VIOLATION NPUES PERMIT NO. NC0044474 MITCHELL COUNTY Dear Permittee: The Division of Environmental Management issued the subject permit on 4/19/84 and according to our records, the permit expired on 3/31/89. North Carolina General Stntute. 143-215. 1(n.)(2) requires that a. permit be obtained for the construction or operation of any sewer system, treatment works, or disposal system within the State. The Division will inspect this facility in the near future to determine its compliance status with regard to this regulatory requirement. If a discharge is occurring or is subject to occur from this facility, the Division will prepare an enforcement Action for violations of North Carolina General. Statute 143-215. 1 at. seq. North Carolina General Statute 143-215.6(a)(1.) states that a civil penalty of up to ten thousand dollars ($10,000) may be assessed by the Environmental Management Commission against any person who violates General Statute 143. 215. 1. If you are operating this facility or plan to operate at some future date, you should submit a reissuance, request within fifteen (1.5) days of receipt of this letter. The letter requesting reissuance, along with a completed NPDES Permit. application and appropr'inte standard fee, should he sent to: Permits and Engineering Unit Di.vis.i.on of Environmental Management P. 0. Box 27687 Raleigh, North Carolina 27611 -7687 The check should be mnde payable to the North Carolina Ilepnrtment of Envlronmor L, Ilealth, and Natural Resources (DEIINR) . RO, Bo\ 17687, ILIcigh. North Carolina 276117087 Telephone 9197337015 A.Equal Opportunity Affnnuuke A,,.nn Emplovcr �. If you have any questions or need any additional information regarding this matter, please contact Mr. Forrest Westall, Water 'Quality Regional Supervisor, of the Asheville Regional Office at (704)251-6208, or Mr. Donald Safrit, Supervisor of the Permits and Engineering Unit at (919) 733-5083. Sin ely, ' George&Everett Director cc: Asheville Regional Office Permits and Engineering Unit i n�ro State of North Carolina Department of Environment, Health, and Natural Resources Asheville Regional Office James G. Martin, Governor Ann B: Orr William W. Cobey, Jr., Secretary Regional Manager DIVISION OF ENVIRONMENTAL MANAGEMENT WATER QUALITY SECTION March 6, 1990 Mr. Boyd Stewart Route 3 Bakersville, North Carolina 28705 Subject: Notice of Violation Boyd Stewart Residence NPDES Permit #NC0044474 a tchell County Dear Mr. Stewart: Q The NPDES Permit originally issued to you on April 19, 1984, was allowed to expire March 31, 1989, without requesting renewal. To discharge to state waters without a permit issued by the State of North Carolina is a violation of N. C. General Statutes 143 .215-1. Failure to obtain a renewal of NPDES Permit #NC0044474 will result in the initiation of enforcement proceedings against you. To renew your permit, a letter requesting renewal and a $120.00 check or money order payable to the N. C. Department of the Environment, Health, and Natural Resources should be submitted to: Permits and Engineering Unit Division of Environmental Management P. 0. Box 27687 Raleigh, North Carolina 27611-7686 To prevent the initiation of enforcement proceedings, your immediate attention to this matter will be necessary. If you should need further assistance, please feel free to contact either Kerry Becker, Mike Parker, or me at 704-251-6208. Sincerely yours, Roy M. avis, Regional Supervisor Division of Environmental Management Interchange Building, 59 Woodfin Place, Asheville, Pit 28801 •Telephone 7042M208 I-) An Equal Opronunay AfiTmaeve Acnm, En,i( State of North Carolina Department of Environment, Health, and Natural Resources Asheville Regional Office James G. Martin, Governor Ann B. Orr William W. Cobey, Jr., Secretary Regional Manager DIVISION OF ENVIRONMENTAL MANAGEMENT WATER QUALITY SECTION August 8, 1991 Mr. Boyd Stewart Route 3 Bakersville, North Carolina 28705 Subject: Notice of Violation Boyd Stewart Residence Failure to Renew NPDES Permit NPDES Permit Number NC0044474 Mitchell County Dear Mr. Stewart: The Division of Environmental Management returned as incomplete your application for renewal of NPDES Permit Number NC0044474 since the required amount for the permit fees had not been submitted. The correct fee should be $240.00 and not $3.20 . 00. Since the NPDES Permit had been expired (March 31, 1989 ) at the time of your first application on November 20, 1990, and since you have not resubmitted the application and correct permit fees a second time, you are placing yourself in a position it) which the Division may initiate enforcement proceedings against you. Operating a wastewater treatment plant and discharging treated wastewater to State waters without a permit are violations of N. C. General Statutes 143-215 . 1 . l Enclosed are three applications which need to be completed and submitted along with a $240.00 check or money order payable to the Division of Environmental Management to: Permits and Engineering Unit Division of Environmental Management Post Office Box 29535 Raleigh, North Carolina 27626-0535 Int(iW Btaldang 59 W cOhn Place A heNlle N( 28801 lc l,l nne 7(A 2 1 6208 Boyd Stewart \\\ August 8, 1991 Page Two Your immediate attention to this is necessary to prevent the initiation of any enforcement proceedings. If I can be of further assistance, please feel free to contact either Ms. Kerry Becker or me at 704-251-6208. Sincerely yours, Roy M. D\\avis, Regional Supervisor Division of Environmental Management Enclosure KSB xc: Permits and Engineering Unit Mitchell County Health Department Kerry S. Becker ,_. STEWART ENFORCEMENT 11/�/A— ;W1 yyU APPENDIX D _ I V E D tuu'd ' 0 1990 F.eg;enz! offm e'::tiali!�.'Nr:�Ch Carolina o i cHr 61 0346024 ' "TM,4n #' a e t 20 �y 4P REN�i" R Apyd teaa2 &z , &xpTataiYa „P��"our .�: **120 00** pnvro'R+E �ERIiF rCs DOfLARS s, q { t �: �' State of North Carolina Department of Environment, Health, and Natural Resources Asheville Regional Office James G. Martin, Governor Ann B. Orr William W. Cobey, Jr., Secretary Regional Manager DIVISION OF ENVIRONMENTAL MANAGEMENT WATER QUALITY SECTION August 8, 1991 Mr. Boyd Stewart Route 3 Bakersville, North Carolina 28705 Subject: Notice of Violation Boyd Stewart Residence _ Failure to Renew NPDES Permit NPDES Permit Number NC0044474 Mitchell County Dear Mr. Stewart: The Division of Environmental Management returned as incomplete your application for renewal of NPDES Permit Number NC0044474 since the required amount for the permit fees had not been submitted. The correct fee should be $240.00 and not $120. 00 . Since the NPDES Permit had been expired (March 31, 1989) at the time of your first application on November 20, 1990, and since you have not resubmitted the application and correct. permit fees a second time, you are placing yourself in a position iri which the Division may initiate enforcement proceedings against you. Operating a wastewater treatment plant and discharging treated wastewater to State waters without a permit are violations of N. C. General Statutes 143-215. 1. Enclosed are three applications which need to be completed and submitted along with a $240.00 check or money order payable to the Division of Environmental Management to : Permits and Engineering Unit Division of Environmental Management Post Office Box 29535 Raleigh, North Carrol.ina 27626-0535 Interchange Building, 59 W dfin Place, Asheville, N.C. 28801 •Telephone�2si 6208 An Fnual nnnrnru nl, Adtmmmv Ann... [ —1n ,., Boyd Stewart August 8, 1991 Page Two Your immediate attention to this is necessary to prevent the initiation of any enforcement proceedings. If I can be of further assistance, please feel free to contact either Ms. Kerry Becker or me at 704-251-6208. Sincerely yours, Roy M_. D\avis, te rvisor Division of Fnvironmental Management Enclosure KSB xc: Permits and Engineering Unit Mitchell County Health Department Kerry S. Becker Zvi l, why SFictinn Nov 2 a Ego PART III OTHER PERTINENT INFORMATION 1. Is this facility being constructed with Construction Grant funds '.\ (municipals only)? 1 2. Special monitoring requests: 3 . Additional Tffluent limits requests: 4. Other: f PART IV - EVALUATION AND REC06IIMENDATIONS Signature of Report Preparer Water Quality Regional Supervisor Date tr 038 602 . a o � nL cHgc1c 61 + eREMir1t'R r 4 M atnr���@fur anrT4 eaeF Ilu De�t R�iEn D&LARs •x.enust5�e+ee�# .Puwc �' s srarc°� 4 State of North Carolina Department of Environment, Health, and Natural Resources Asheville Regional Office James G. Martin, Governor Ann B. Orr William W. Cobey,Jr., Secretary Regional Manager DIVISION OF ENVIR014MENTAL MANAGEMENT WATER QUALITY SECTION March 6, 1990 Mr. Boyd Stewart Route 3 Bakersville, North Carolina 28705 Subject: Notice of Violation Boyd Stewart Residence NPDES Permit #NCO044474 itchell County Dear Mr. Stewart: Q The NPDES Permit originally issued to you on April 19, 1984, was allowed to expire March 31, 1989, without requesting renewal. To discharge to state waters without a permit issued by the State of North Carolina is a violation of N. C. General Statutes 143 .215-1. Failure to obtain a renewal of NPDES Permit #NCO044474 will result in the initiation of enforcement proceedings against you. To renew your permit, a letter requesting renewal and a $120.00 check or money order payable to the N. C. Department of the Environment, Health, and Natural Resources should be submitted to: Permits and Engineering Unit Division of Environmental Management P. O. Box 27687 Raleigh, North Carolina 27611-7686 To prevent the initiation of enforcement proceedings, your immediate attention to this matter will be necessary. If you should need further assistance, please feel free to contact either Kerry Becker, Mike Parker, or me at 704-251-6208. Sincerely{yours, Roy M. avis, Regional Supervisor Division of Environmental Management Interchange building, 59 Woodhn Place, Asheville, N.C. 28801 •Telephone] 2516208 An Equal Opportunity Affirmative Action Employer State of North Carolina Department of Environment, Health, and Natural Resources Division of Environmental Management 512 North Salisbury Street • Raleigh, North Carolina 27611 James G. Martin, Governor R. Paul Wilms William W. Cobey, Jr., Secretary February 16, 1990 Director Certified Mail Return Receipt Requested rested BOYD STEWART STEWART RESIDENCE. (BOYD) RT. 3 BAKERSVILLE, NC 28705 SUBJECT: NOTICE OF VIOLATIDN NPDF.S PERMIT NO. NC0044474 MITCRELL COUNTY Dear Permittee: The Division of Environmental Management issued the subject, permit orr 4/19/84 and according to our records, the permit expired on 3/31/89. North Carolina Genoral. Stat:uto 143-215. 1(a.)(2) requires that a permit be obtained for the construction or operation of any sewer system, treatment works, or disposal system within the State. The Division will inspect this facility in the near future to determine its compliance status with regard to this regulatory requirement. If a discharge is occurring or is subject to occur. ,from this facility, the Division will prepare an enforcement action for violations of North Carolina General. Statute 143-215. 1 et. seq. North Carolina General. Statute 143-215.6(a)(1.) states that a civil penalty of up to ton thousand dollars ($10,000) may be assessed by the Environmental Management Commission against any person who violates General Statute 143.215. 1. If you are operating tlri.s facility or plan to operate at some future date, you should submit a reissuance request within fifteen (15) days of receipt of this letter. The letter requesting reissuance, along with a completed CITES Permit. application and appropriate standard fee, should be sent to: Permits and Engineering Unit Division of. Environmental Management P. 0. Box 27687 Raleigh, North Carolina 27611-7687 The check should be made payable to the North Carolina Department. of Environment, health, and Natural Resources (DE1NR) . PO B.27687, Raleigh, Nonh Camlim 27611 7687 Telephone 919733-7015 An Equal Oppormniy Afmmaw,Anton Employor If you have any questions or need any additional information regarding this matter, please contact Mr. Forrest Westall, Water Quality Regional Supervisor, of the Asheville Regional Office at (704)251-6208, or Mr. Donald Safrit, Supervisor of the Permits and Engineering Unit at (919) 733-5083. Sin ely,��/— V George Everett, Ph.D, Director cc: Asheville Regional Office Permits and Engineering Unit State of North Carolina Department of Environment, Health, and Natural Resources Asheville Regional Office _ James G. Martin, Governor Ann R Orr William W. Cobey, Jr., Secretary Regional Manager DIVISION OF ENVIRONMENTAL MANAGEMENT WATER QUALITY SECTION October 6, 1989 Mr. Boyd Stewart Route 3 0 0 Bakersville; North Carolina 28705 Subject: Compliance Evaluation Inspection Status: In Compliance Boyd Stewart Residence NPDES Permit Number NC0044474 Mitchell County Dear Mr. Stewart: A Compliance Evaluation Inspection was conducted September 27, 1989, of the septic tank/subsurface sandfilter trench serving the residence at Hwy 226 North in Bakersville, N.C. The facility grounds and the receiving stream indicated no problems. The wastewater treatment facility appears to be .operating satisfactorily. The NPDES permit originally issued to you April 19, 1984, was allowed to expire March 31, 1989, without requesting renewal. To discharge to state waters without a permit issued by the state of North Carolina is a violation of N.C. General Statutes 143 .21'5-1 . Failure to obtain renewal of the NPDES permit originally issued to you will result in the initiation of enforcement proceedings. To renew NPDES permit NC0044474, a letter requesting renewal and a $120.00 check or money order payable to the Dept. of the Environment., Health, and Natural Resources should be submitted to: Kerry S. Becker N.C. Dept. of the Environment, Health, and Natural Resources 59 Woodfin Place Asheville, North Carolina 28801 M{,(\I Inr hang Building.59 Woudhn Place,Asti N le,N.C. 28801 •'Telephone 7"251b 09 Boyd Stewart October 6, 1989 Page Two If, in the future, the residence is sold, please inform the new owners that they will need to apply for a new permit. NPDES Permits are not transferable.. If you have any questions, please contact either Mr. Mike Parker or me at 704/251-6208. Sincerely yours,, X��, )`/A &1 f� Kerry S. Becker Environmental Technician Enclosure o 0 xc: Dan Ahern, EPA Unnad Star.. n emai rorecrion Agency Form Approved /1 WBahlna1on.D.C.2N60 i`®EPA NPDES Com fiance Inspection Report OMSNo. 20ires7.3 P P p Approval Expires 7.31-Sb Section A: National Data System Coding Trans coon Code NPDES yr/mo/tlay Inspection Type Inspector Fee Type � 2h1166101Y1s/1�191s� 11 1�A91a141a17117 1i,1 1� 2d?j Remarks IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 8fi Reserved Facility Evaluation Rating BI CIA ---- -----------Reservetl---------------- 67�j Sg. 71 IJ 71� 77j 73LL 7a. 7lJ I eo Section S:Facility Data e an ocation of F�fday In}pecletl Entry Time nExpiration te ,ya S�,AR�,,///gLs ,a'Ht CG ❑ AM ® PMX"Y726 do le 7X Exit Time/Datee ate Fcsu;yyC if0 9a-7 °rmels)o On- ire epresentativels) Title(s) Name,Address of Responsible Official Title p '?oyd R{, -3 qq Phone No. Comalctteed 49A BOX S V'/ 't ''#K A;4 ❑ Yes Itl No Section C:Areas Evaluated During Inspection IS=Satisfactory,M=Marginal,U=Unsatisfactory,N=Not Evaluated) Permit ^/ Flow Measurement N Pretreatment N Operations&Maintenance Records/Reports A/ laboratory Compliance Schedules Sludge Disposal j Facility Site Review Effluent/Receiving Waters /./ Self-Monitoring Program Other: Section D:,S..uum�m_ary of Findings/Comments(Attach addition al sheets if necessary) ri�ci/ {�' r//_ - 7l .y "'77!✓/S Fr ^�S� yr,.,cd — /emu 6 le Ml w.I( Jf+1. 'Of b'v /t.GECvt r„1 5-) a y. N/..r NI Tw-iIr T e cor-a /f'cG i2w / A d7 deylprx a4.of/ ,4 /geive've-1 Itlam, gays 5�� 7.eS Name(s)and SigTeturels)of lnspectorls) Agency/Office/Telephone Date Signature of Reviewer / Agency/Office Data t�-t.o( G DEH•�n 70�- 2S/- /a 2 d — Populatory Offi.e Use Only Action Taken - - - Date,. Cormpliance Status n - _ Noncompliance ����� ,•� A _. xnn. Wal nr Quo hlv Seclian a Aehevillr. Reglnn v! Cflice Jl,hevill0, N01th Cerolinr State of North Carolina Department of Natural Resources and Community Development Division of Environmental Management 512 North Salisbury Street • Raleigh, North Carolina 27611 James G. Martin, Govemor R. Paul Wilms S. Thomas Rhodes, Secretary August 24, 1988 Direaor BOYD STEWART STEWART RESIDENCE (BOYD RT. 3 DAKERSVILLE NC 28705 Subject: NPDES Permit No. NC0044474 MITCHELL Dear. BOYD STEWART Our files indicate that the subject permit for a wastewater discharge to the surface water expires on 890331. GS 143-215. 1(c) requires that an application for renewal must be filed 180 days prior to the expiration date. We have not received an application for renewal from you as of this date. A renewal application shall consist of a letter requesting renewal along with the appropriate completed and signed application form referenced in Title 15 of the North Carolina Administrative Code, Subchapter 211, .0105. Primary industries listed in Appendix A of Title 40 of the Code of Federal Regulations, Part 122 (40 CFR Part 122), shall submit a priority pollutant analysis that is performed in accordance with 40 CFR Part 122.21. A processing fee must be submitted with the application. Please find attached a copy of the 15 NCAC 2B .0105(b) regulations. The processing fee for your facility is based on the design or permitted flow, whichever is appropriate, listed in the first five categories of facilities. No facility is allowed to submit a fee for the general permits listed in the fee schedule at this time since EPA has not approved our general permit. Also the Environmental Management Commission adopted rules on August 1,1988, requiring the payment of an annual fee for most permitted facilities (See Attached). You will be billed separately for that fee (if applicable), after Your permit is approved. This matter should be, given prompt attention in that continued discharge after the permit's expiration, without the filing of a complete and timely application for renewal, constitutes discharge without a permit and is a violation of GS 143-215. 1(a) and the Federal Clean Water Act of 1977. The application for renewal should be submitted to: Permits and Engineering Unit Division of Environmental Management P. 0. Box 27687 Raleigh, North Carolina 2761.1-7687 l(n' Poflutinn Prerrntion Pa,e RI' P.O Box 17687, Raleigh. Nooh Carolina 176117687 Te11hone 919-733 M15 ICY„ A, Eoual Ch— ,n.l Alfi--, A...,.., c..._I__ For further information, please contact me at 919 733-7015. Sincerely, �' a M. Dale Overcash, P.E. / Supervisor, NPDES Permits Group cc: ASHEVILLE Regional Office V Central Files State of North Carolina Department of Natural Resources and Community Development Asheville Regional Office James G. Martin, Governor David R. Spain S. Thomas Rhodes, Secretary Regional Manager ' DIVISION OF ENVIRONMENTAL MANAGEMENT WATER QUALITY SECTION September 23 , 1988 Mr. Boyd Stewart N. C. Highway 226 Bakersville, North. Carolina 28705 Subject: Compliance Evaluation Inspection Status: In Compliance Boyd Stewart Residence NPDES Permit Number NCO044474 Mitchell County Dear Mr. Stewart: A Compliance Evaluation Inspection was conducted on September 13, 1988, of the septic tank/subsurface sandfilter serving your residence. The facility appeared to be performing as designed and was considered in compliance. If you have any questions, please contact Mr. Michael Parker or me at 704/251-6208 , extension. 256 or 258 respectively. Sincerely yours, Kerry S. Becker Environmental Technician KSB:ls Enclosure xc: Dan Ahern, EPA Michael R. Parker I ttrchange Building, 59 Woddfin Place, PO Box 37D Asheville, NC. 28W203A)•Telephone 70 253 3341 nne Sal..Environmental Protection Agency Farm Approved A Waehirelon,D.C.20460 DIME No.2040.0003 ®/EPA1 NPOES Compliance Inspection Report Approval Expires 7.3, 96 Section Ai National Data System Coding Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type 1W 451 �NItIaoIYIy1 2151111 1�?Ifb191113117 1 etc GIs zdl Remarks III' IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIP ..................Reserved.._....... 66 Reserved Facility Evaluation Rating BI OA ._.... 6� 1 1 69 7CU 71M 74J >��74 76 I I I I I I60 Section S:Facility Data Name and Location of cility Inspected - Entry Time❑ AM® PM Permit Effective Dote 43, S�cwacti< es AAC. F/W/ ;L Exit Time/Date Permit Expiration Date Name(s)ot Un-Sile epresentative(s) Trials) Phone No(s) ��(.me,Addrss of Responsible Official Title dvyd s�e.;�a,-T oWy Phone No. . Contacted Bakers ://e NAey Cnev/, o �87or ❑ yea R No Section C:Areas Evaluated During Inspection I IS V Setisfacmry,M=Marginal,U=Unsatisfactory.N=Not Evaluated) Permit Flow Measurement - Pretreatment Op9rations&Maintenance Records/Reports Laboratory N. Compliance Schetlulea $ Sluqge Disposal Facility Site Review J Effluent/Receiving Waters 4„) Self-Monitoring Program Other: Section D:Summary of Findings/Comments(Attach additional sheets if necessary) rCJ6C.'/,e'+�j VCwt"K 5 yv.G< IT LJI��e�J Ktu tlr �y µyxu. vt S7<-l( acc u�re � j I Name(.)and Sigrlaturels)of Inspector(s) Agency/Office/Telephone Date 22 Si net a of Reviewer Agency/Office Date Regulatory Office Only Action Taken Data Compliance Status s❑ Noncompliance s-�I' Com fiance ., I pVc43�C,GfI✓��PJG �yCR ATN+:��-E' /-�C� �:f'S GV�QS �iLSJI✓�/Cdi � ��Occ� O fl1 1 / I/.� c�11Ea A i Dly � it i i II -� � � � �� � �� � �S/� � � � .� � � � �� j���� ��� $Lux- State of North Carolina LACYH.THORNBURG Department of.lustice REPLY TO: AT RNEYGENEML P.O.BOX 629 P.O. BOX 370 RALEIGH ASHEVILLE 28802 276020629 (704)2533341 October 8, 1985 .CERTIFIED MAIL RETURN :RECEIPT.REQUESTED Mr. Boyd Stewart Route 3 - Bakersville, North Carolina 28705 Re: Failure to Construct Wastewater Treatment Facility Permit.No. NCO044474 Boyd Stewart Residence Mitchell County, North Carolina -Dear Mr. Stewart: The Department of Natural Resources and Community Development (NRCD) has informed you on March 1, 1984 that you are required to construct awastewater treatment plant on your property. Your continued failure to do so is in viola- tion of N.C.G.S. 9143-215.1 and the requirements of your permit. This matter has now been referred to the Attorney General Office for enforcement. As a result of the N.C. Department of Transportation widening N.C. Highway 226 in front of your property, part. of the septic tank system was damaged. The Department of Transportation then paid you, in settlement of its condemnation suit, a sum of money which included the cost of the construction of a new waste- water treatment facility. Subsequently you were issued an NPDES permit allowing you toconstruct a facility and setting out proper effluent standards. Since that time you have .refused to comply with the requirement of the law and the permit despite numerous requests from NRCD including formal Notice of Non-Compliance issued to you on March 1, 1984. If you do not construct a waste- water treatment facility which comports to the requirements of Permit No. NCO044474 by no later than November 15, 1985, the Attorney General shall take whatever legal remedies are .necessary to insure compliance with the law, The Attorney General's Office is specifically authorized by N.C.G.S. 9143-215.3(a)(5) to file civil actions to enforce compliance with the State water quality laws. Please note: this action does not in any way affect any imposition of civil penalties which may be assessed in this matter. An Equal Opportunity/Afflrmatide Action Employer Mr. Boyd Stewart October 8, 1985 Page Two If you have any questions regarding this matter, please contact me at the Asheville letterhead address or call me at (704) 253-3341. If you have any questions regarding technical matters as to how you may comply with the pro- visions of the permit, please contact Mike Parker. at (704) 253-3341. Thank you for your time. Sincerely, - 9I,,1661- J. Mark Payne Associate Attorney General JMP:sb cc: Mitchell County Health Department Mike Parker/ ' I "��, r-S >/,Eel nw��l .C/n�a-/aJC ,qua /etc,v — ���eeGr�„ f/e�vr`�./w�r �'�i�S�"J�_Cce.w nY�i Mp¢, -. ,/cl�+.' ay�..�� q,oe:•.q �.NLd�2l.Q� �q_, � 'e.. 7Co-sZ. oo,.ex-. G�eXic.w.V �V mac. /�� �P,���u� i �.���� I I jl j �i � _ n , _ I '� i it ��� _,i_ �I i� I I' p^,ffw.J AR a'+y 5 P 4s. North Carolina Department of Natural J Resources &Community Development James B.Hunt,Jr.,Governor James A.Summers,Secretary DIVISION OF ENVIRONMENTAL MANAGEMENT WATER QUALITY SECTION ASHEVILLE REGIONAL OFFICE Mr. Boyd Stewart March 1 , 1934 Route 3 Bakersville, North Carolina 28705 CERTIFIED MAIL, RETURN RECEIPT REQUESTED Subject: Notice of Non-Compliance Failure to Construct Wastewater Treatment Facilities Boyd Stewart Residence Dear Mr, Stewart: Mitchell County, North Carolina As a result of the North Carolina Department of Transportation widening North Carolina Highway 226 in front of your residence and business in 1978, part of the septic tank system was destroyed. Because there was not adequate room to replace the drain field, the N. C. Department of Transportation paid you a sum of money to cover the construction and installation of a wastewater treatment system that would discharge into Cranberry Branch adjacent to your - property. Subsequently, the N. C. Department of Natural Resources and Com- munity Development issued to you an NPDES discharge permit on December 8, 1978, which allowed for the construction and installation of a 300-square foot sub- surface sand filter trench to be used in conjunction with the existing septic tank. Since the permit was issued and authorization to construct granted in 1978, you have been approached no less than four times by staff members of this Division asking you to install these facilities , but to date you have failed to comply. This letter will serve as official notice that you are in violation of North Carolina Administrative Code 143-215.1 , and NPDES Permit No. NCO044474 for failure to construct wastewater treatment facilities, ,w, I You are hereby directed to immediately correct this situation and in- stall adequate wastewater treatment facilities. You will be granted thirty (30) days from receipt of this notice to install these units. Failure on your part to correct this problem will result in enforcement action being taken against you, possibly in the form of civil penalties. Asheville Regional Office Interchange Building,59Woodfin Place,PO.Box 370.Asheville,N.C.28802-0370 Telephone 7041253-3341 An Equal cpporlunifyAfllrme live,Action Employer 1 Mr. Boyd Stewart Page Two March 1 , 1984 Should you have questions or wish to discuss this matter, please contact Mike Parker at (704) 253-3341. Sincerely, �" PA- Heath P. Dobson, P.E. , Regional Engineer HPD:pf cc: Mr. Tony Crowder, Mitchell County Health Dept. Mr. Mike Parker, ARO , -)Date forwarded to Raleigh:_ 2/27/£8 /1,rcNc2L.. Ca , . . STAFF REPORT AND RECOMMENDATIONS PART I - INSPECTION OF FACILITY - 1 . Place 'visited: .`.Boyd Stewart Residence 2. Date Visited: February:16, 1984 r .. 3• By: Michael ::R. Parker, Environmental -r,"LP <Engi:neering :Technician 4. Persons Contacted: Mr. Boyd Stewart, Homeowner 5. Directions to $ite: From the intersection of North Carolina Highway 226 and U.S. Highway 19E travel north on N. C. Highway 226 approxi- mately 5.0 miles. The facility is located on the left side of the highway directly across from the intersection of N.C. Highway 226 and N.C. Secondary Road 1193. "- 6. Latitude and Longitude of the Discharge: Latitude 350 57' 45" - Longitude 820 06' 59" 7. Size: 1/4 acre S. Topography: Rolling 9. Location of Nearest Dwelling: Approximately 100 feet 10. Receiving Stream: Cranberry Branch (a) Classification : C-trout (b) Sub-basin: 04-03-06 (c) Attach map indicating location of discharge point. PART II - DES.CRIPTION OF :DISCHARGE I. Type of Wastewater: Domestic 2. '- Volume:.oftDischarge: 300'gpd 3. Production Rates and Major Processes. (If industrial , guidelines are based on production.) N/A 4. Description of Treatment Facility: The proposed facility will consist of = a 1,000 gallon septic tank and a 300 sq. foot subsurface sand fil- tration trench to serve a 2-bedroom trailer and restroom facilities in a general store. 5. Sample Locations: U - N/A D - I - E - 6. . 4-Digit SIC Code: 9999 PART III - OTHER PERTINENT INFORMATION : In 1978 the N. C. Department of Transportation widened North Carolina Highway 226 and destroyed part of the drain field utilized by Mr. Stewart's trailer and store. Because of its proximity to Cranberry Branch, a con- ventional system could not be approved by the Health Department. On December 8, 1978, this Division issued NPDES Permit No. NCO044474 to Mr. Stewart for the installation of a 1 ,000 gallon septic tank and a 300 square foot subsurface sand filter trench to treat the wastewater from his residence and restroom facilities in thegeneral store. Mr. Stewart has been contacted at least four times concerning the installation of the discharging system; however, he has failed to install adequate wastewater treatment facili- ties. The February 16, 1984, inspection revealed that raw sewage is entering Cranberry Branch from the Stewart residence. Staff of the Asheville Regional Office are currently working with the Mitchell County Health Department in arriving at a solution to this problem. . -3 PART IV - RECOMMENDATIONS It is recommended that the permit be renewed. j P � asg2 1 1 min � I� LL'� )���I� ilk A ih e �� �(r. r 1 �(( • awl R ..1�nA NTnm-nr-� e r ♦� •� RECEfVFD Quaity-Division.... _. AUG_23 _1983 Western -Regional -'-- �j,� Asheville, North Carolina ___ �ro.��_yRl�_. � Ci.-J f'✓/�,D..E'C- !�P-R...s�' //0_!_✓Gf�Q 4��y��///%`i�' �^,— __. North Carolina Department of Natural Resources &Community Development James B. Hunt, Jr., Governor R E C E I N't Yh W. Grimsley, Secretary DIVISION OF ENVIRONMENTAL MANAGEMENT. .En December 16, 19e2 Water Quality Division DEC 22 199Z' Mr'. Boyd. Stewart Route 3 Western Regional Offical eakersville, NC 28705 6sheville, North Carolina' SUBJECT: Expiration of NPDES Permit No. NC0044474 r--Mitchell-_- County , Dear Mr. Stewart: A review of our files indicates that the Subject .permit for wastewater discharge to surface waters will expire on June 30, 1983 General Statutes 143-215. 1(c) requires that an application for renewal must be filed 180 days prior to the permit expiration date. We have not received an application for permit renewal from you as of this date. If there is no change proposed for the discharge, the application for permit renewal need to only consist of a letter requesting permit renewal. Proposed changes in the discharge require the submission of a new application form requesting renewal. Please give this matter prompt attention in that continued discharge after the permit expiration date without the filing of a complete and timely application for renewal constitutes discharge without a permit and is a violation of N.C. General Statutes 143-215.1(a) and the Federal Clean Water Act of 1977. Application for rer•-.aal should be submitted to: Mr. Robert Helms, Director N.C. Division of Environmental Management P.O. Box 27687 Raleigh, North Carolina 27611-7687 If you have any questions regarding this matter, please contact Mr. Reggie Baird, Permits, (919)733-5181. Sincerely your Rob F. Helms�'�' Director cc: Mr. Reggie Baird ry'pn Asheville -Regional Supervisor p�1v�,�;\�l1L`y NAY✓ P.O. Box 27687 Raleigh,N.C.27611-7687 Ctiv nx Fv,,oi Oomrtuni v Affirmative Action Employer North Carolina Department of Natural Resources &Community Development // James B. Hunt, Jr., Governor Howard N. Lee, Secretary DIVISION OF ENVIRONME TAL MANAGEMENT `ECBIVED Mayf 5,,.'W9r Quality Division MAY 6 iseo Mrs. Ruby H. Sheppard Western Rs B. V. Hedrick Gravel and Sand Company 'LWes ire Sional Office Box 8 V North Caroline Lilesville, North Carolina 28091 Subject: Filter Sand Analysis Boyd ;Stewart- Residence, Bakersville, North Carolina Sand Filter Bed Mitchell County Dear Mrs. Sheppard: An analysis was made of the sample of sand submitted for subject project, and the results obtained are as follows: Effective Size . .. . ... .. . 0.43 mm Uniformity Coefficient . . 2. 16 Dust Content . .. . . .. . . .. . 0.08% The results indicate that the sand is satisfactory for use in this project. Final approval will be given pending the collection and submission of another sample to this office after the sand has been delivered for installation in the beds of this project. Sincerely, H. Dale Environmental Engineer State Wastewater Engineering Unit cc: i Mr, Roy Davis: Material Sales Company L Burleson Plumbing & Heating HDC:mpf �GS'„fp9� P.0. Box 2768] RaIoilh, Nonh Carolina 2I611 - A Equal Opportunity AI/irmative Aa lon Employer 1 C°,5°u dcnr/ i7.Av�' .U�ue�Ki✓��', .��.s� .�isr0 eY,'s�� .G�/�.� �. +Z✓/=6L Gam, Cf�4e./sU�JJ �(9 /' /��.E"-'. J G!e ���ie-'/Fib,. /�G 04� G 4ti� ✓ifs �iit Sr E- ��s�M io 1� iSGr+FN2C�$. �X�STor�C� `�ys��w-`�b7S �AMAC�.J LLJ�-1-��UG.�IJ !0 L D oo l ApM l 271157b �'a��• 1 13 p041]664042 , I HU[IeeOn plu mbing & Heating Co. Inc. STATE WIDE LICENSE L01 HIGHLAND AVE. KENNY BURLESON SPRUCE PINE,NO 28777 HOME PHONE 765 7114 t Vi1T Gehp. RN� `Y��� �•�wn Lj DO 1 J � 1 /u.-//" 3o s4ofw �• �-„_ st ,t�-/i� � �v r�j/ �J State of North Carolina RUFUS L. EDMISTEN Department of Justice AT ORNEV GENERAL P. O. BOX 25201 RALEION. N. G. 21611 APR 21 1978 Clerk of Superior Court Mitchell County Courthouse Bakersville, NC 28705 Re: DOT v. Boyd Lee Stewart, at ux, et al Project 8,4880 0?_. Mitchell County Parcel i a , DOT File # �i C, f7 Dear Sir: The above-captioned is a civil action to be instituted by the Department of Transportation under the provisions of. G. S. 136-103 at seq. There are enclosed herewith the following papers: 1 . Original and copies of summonses directed to the Sheriff in the counties in which the defendants reside along with a green copy of same. 2. Original and copies of Complaint and Declaration of Taking and Notice of Deposit. 3. DOT Voucher No. �� 02% 3D in the amount of $ 100.00 made payable to you as the deposit of estimated compen/Isantion. (G. S. 136-103, 105) 4. DOT Voucher No. W o�� in the amount of $ 42.00 made payable to you for advance costs. 5. A stamped postal card addressed to the Attorney General acknowl- edging receipt of above and indicating the date of the filing of the civil action and the summons docket number that your office has assigned to this file. _ 6. Enclosed also is a form application and order concerning the disbursement of the Department of Transportation's deposit herein pursuant to North Carolina General Statute 136-105. It would be appreciated if you would file these forms in the jacket of this case in your office. Their purpose, of course, is to facilitate the defendant(s') withdrawal of our deposit should the defendant(s) or their attorney(s) request this assistance. A. G. Form 4-4-1 (Rev.) (9C •na�J) Z_7..h mzod •O•,y # @TTd. 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"--cs ct TOTAL P.05 J ,3 11:09 FROM (-nFM WRTER QUALITY SECTION TO ARO P.04/05 .ti L�l�—uJ Q S S a^cy ' q i. , __✓"�� C ("'RECWEST NO , 846 WASTELOAL! ALLOCATION AF Fh[]4A1_ FGRM NcC)5 0 k, r ACIu:r'r r?�arlE: E:irra: srE�l:^,F,r RESIDENCE � T`.' •E OF WASTE DOMESTIC ri'i'i MI TChl E.LL A !" ICE i" 11 E!1I LL E. REOUESTOR t HELDI FOWLER T:iEAM C1:-14 AERRY .PEA`N:I-I SUBBAS,n F I Cl., ai[A ! . .. SO .il't « STREAM CLAE. - C -'FR %et +a•TWM I:::C:OMi! rv !ED EF L.UF_NT I_ ! `i'.I %:9.RR:F:X`Y:&:8:%>K:X 014 mmp . ! :':`: -!'•� !. IMi. • : AFFLV 'I"O :,tti4 i'EF; AND ( M5/Li W1NIEl. ' iG L ) U,. L. CJLi: 0 :`1 ! i700'^I_ 7 ; •::k.k : Yxm1 %i;tM1 # ;'% %M:%'n AX4.%"':k:%T:k4.d*X&:#5::%:%;k':k:k:k:% :#:k 4&E)k :%:A:%m:%.M Ilk i% X:%:%T:k:# I'31E is ( EXISTIN!= ! ✓i NEW C ". ! :,'E 0,"i ( : C;ONF'IPMA"PION ! ) OF ' _IO"E FRL. _ TOUSLY ISSUED !iPNP F:I " .....i E ND i-U By : iL E-R : ....A_�!t_l.0_c_ Q4 61U--LATE GROUP G��pp"'" '"'-'= DATE91 ...: ,1[1 NtL :. L! f I.JI:iORYA F'i::18 Aiil;"s N:ii f1 G G:R . D(,1'E ' (N , E MODEL. SUMMARY DATA 4W.k � C H ARO EI°: ROYD STEWART RESIDENCE SUFHASIN t 040306 RECEiIVING STRE:AiM CRANBERRY BRANCH STREAM CLASS: C-TR � 7O i0 0 .2 CPS WINTER 7910 CFS 011::S 10N IE M PEI+:A TU RE 20 DECREES C. WASTEFLOW . .0003 MOD I L17NGTH I SLOPE I VELOCITY ( DEPTH I K1 I Kn I SOD I K2 I NetF'SI MILI!iS iFT/MI I r, _ I F'T /DAYI ;DAY IMG/M2D1 /LAY IMG/I_/DI J:S M E:"1'T 1 1 0 , 051155 . OOi : , 104 1 0 ,37 1 0,51 1 0 . 00 I 0,01 29 . 701 0. 001 REACH 1 I I i I i 1 I I 1 1 I I I I I I I I i S E':is 17.N1 2 ' v . 1.019.;'s 5.001 p. 100 :L 0 , 09 I . 00 10 .00 1 0 . 01 29. 701 0.001 1 1=ACTH I I I 1 1 1 i I I I I `tiFER1ENT1 0 , 701. 16G 001 0_'100 1 0 . 4v 1 0.50 1 0 .00 1 0.01 29 . 701 0, 001 ALL F,iq TES ARE AT 20 DEGREES : . FSUMMER MODEL. %`Ek INPUT DATA SUMMARY FLOW i CBOD 1 NBOD I D .O . I CFS i MG/L I MOIL I MG/L I I I I I SIECMEN'i 1 REACH 1 I i I WASTE I 0 . 000 1 .lps.000 1 0 . 000 1 6.000 1 1-1F A D WA T E RSI 0 . 200 1 2 . 000 1 0 . 000 1 5 .300 1 'TR I BU'T ARY ! 0 I'll 00 1 0. 000 1 0.000 1 0 , 000 I RUNOFF * 1 0 .000 1 0 .000 1 0 . 000 1 0 .000 1 -- - ----- ---- ------- I I I I SEGMENT 2 REACH I I 1 I IdASTE I b. OG1 IIbQ,000 1 0 . 000 1 6,000 1 11 EA D W AT E R:E, 1 0 .000 1 2 ,000 1 0 ,000 1 0 .000 1 TFiSDU7APiY 1 0 . 000 1 0 .000 1 01000 1 0 . 000 1 RUNOFF I 0 , 000 1 0 . 000 1 0 .000 1 0.000 1 I U TA kY 1 0 .006 I 0 .000 ,S ,OOu 1 0 . 000 I k UNOF'F * I. 0 . 100 1 . 0G0 0 000 I 5,300 1 :8 -- RUNOFF FLOW IS 7:N CFS/M:I:LE