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HomeMy WebLinkAboutNC0023086_Regional Office Historical File 2004 to 2019PP ROY COOPER Governor MICHAEL S. REGAN secretary LIN®A CULPEPPER Director NORTH CAROLINA Envbvinmental Quattty Water Quality Regional Operations Seville Regional Office June 10, 2019 4A Ms. Zelerie Rogers 4 ` lj' F Town Administrator P.O. Box 128 Fontana Dam, North Carolina 28733 SUBJECT: Authorization to Construct A to C No.023086A01 MODIFIED Town of Fontana Dam Fontana Dam WWTP NPDES Permit No. NC002 086 Dear Ms. Rogers: A request to modify the original Authorization to Construct permit approved design issued April 12, 2018 was received May 23, 2019 from your representative. The Division of Water Resources (Division) has reviewed the final plans and specifications for the subject chlorination modification and found it to be satisfactory. Authorization is hereby granted, for the construction of modifications to the existing 0.3 MGD Fontana Dam WWTP, with discharge ,of treated wastewater into the Little Tennessee River in the Little Tennessee River Basin. This MODIFIED permit replaces the previous permit issued April 12; 2018. The attached Engineer's Certificate form was amended accordingly and replaces the previous issued certificate form. This authorization results in no increase in design or permitted capacity and is awarded for the construction of the following specific modifications: Replacement of existing four (4) sludge withdrawal pumps with four (4) new 100 GPM 2 HP non -clog submersible pumps, piping and controls; replacement of an existing scum withdrawal pump with one (1) new 100 GPM 2. HP non -clog submersible pump, piping and controls; replacement of existing two (2) supernatant / digester overflow pumps with two (2) new 136 GPM 2 HP non -clog submersible pumps, piping and control; replacement of existing chlorine gas disinfection system with tablet chlorination- dechlorination system which includes addition of one (1) calcium hypochlorite feed system, and one (1) sodium bisulfate feed system; installation of one (1)150 kW backup power generator; in conformity with the project plans, specifications, and other supporting documentation comprising the ATC Permit Application package submitted to the Department of Environmental Quality. North Carolina Department of Environmental Quality I Division of Water Resources 512 North Salisbury Street 11611 Mall Service Center I Ralelgh, North Carolina 27694-1611 919.707.3601 Ms. &Ierie Rogers Town Administrator June 10, 2019 "Page 2 of 3' In addition to the appropriate construction items approved in this Authorization to Construct; all other items stated in the application were deemed as maintenance events and require no approval. This ATC is issued in accordance with Part III, Paragraph A of NPDES Permit No. NCO023086 issued effective November 1, 2017, and shall be subject to revocation unless the wastewater treatment facilities. are constructed in accordance with the conditions and limitations specified in Pe6it No. N.00023086. It is the Owner's responsibility to ensure that the as -constructed project meets the requirements of all applicable regulations and statutes, the ATC Permit Application package, and all of the requirements contained herein. Failure to comply may result in penalties in accordance with North Carolina General Statute § 143-215.6A through § 143-215.6C. The sludge generated from these treatment facilities must be disposed of in accordance with G.S. 143-215.1 and in a manner approved by the Division. 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 the Division, such as the construction of additional or replacement wastewater treatment or disposal facilities. The Asheville Regional Office, telephone number 828-296-4500, shall be notified at least forty-eight (48) hours in advance of operation of the installed facilities so that an on site inspection can be made. Such notification to the regional supervisor shall be made during the normal office hours from 8:00 a.m. until 5:00 p.m. on Monday through Friday, excluding State Holidays. Upon completion of construction and prior to operation of this permitted facility, a certification must be received from a Professional Engineer certifying that the permitted facility has been installed in accordance with the NPDES Permit and the ATC Permit Application package. Mail the Certification to: Division of Water Resources, WQ Permitting — NPDES, 1617 Mail Service Center, Raleigh, NC 27699-1617. Upon classification of the facility by the Certification Commission, the Permittee shall employ a certified wastewater treatment plant operator to be in responsible charge (ORC) of the wastewater treatment facilities. The operator must hold a certificate of the type and grade at least equivalent to or greater than the classification assigned to the wastewater treatment facilities by the Certification Commission. The Permittee must also employ a certified back-up operator of the appropriate type and grade to comply with the conditions of T15A:8G.0202. The ORC of the facility must visit each Class I facility at least weekly and each Class I1, I1I and IV facility at least daily, excluding weekends and holidays, must properly manage the facility, must document daily operation and maintenance of the facility, and must comply with all other conditions of T1 5A:8G. 0202. Page 2 of 3 PV Ms. Zelerie Rogers, Town Administrator June 10, 2019 Page 3 of 3 A copy of the project plans and specifications shall be maintained on file by the Permittee for the life of the facility. During the construction of the proposed additions/modifications, the Permittee shall continue to properly maintain and operate the existing wastewater treatment facilities at all times, and in such a manner, as necessary to comply with the effluent limits specified in the NPDES Permit. You are reminded that it is mandatory for the project to be constructed in accordance with the North Carolina Sedimentation Pollution Control Act, and when applicable, the North Carolina Dam Safety Act. In addition, the specifications must clearly state what the contractor's responsibilities shall be in complying with these Acts. Prior to entering into any contract(s) for construction, the recipient must have obtained all applicable permits from the State. The issuance of this ATC does not preclude the"Permittee from complying with any and all statutes, rules, regulations, or ordinances which may be imposed by other government agencies (local, state, and federal) which have jurisdiction. If you have any questions or need additional information, please contact Nick Coco at telephone number (919) 707-3609. Sincerely, t,,Pnda (.Cul �or, Division of Water Resources With Engineer's Certificate a ached: cc: 113 ' WAsl�euil17kRye"` Ir ►+tsar-�*�r� , � E.G�vY dLtT'1, fUd11'Tij��'�grn111]P. Central Files ecopy: Mr. Kyle M. Seaman, P.E. McGill Associates, P.A. Email: kyle:seaman@mcgillengineers.com NPDES File Without Engineer's Certificate attached: cc: Graham County Health DW VMatthew Rushing & Ken Pohlig Page 3 of 3 PV Town of Fontana Dam Fontana Dam WWTP Authorization to Construct No. 023086A0I MODIFIED Issued June 10, 2019 NPDES Permit No. NC0023086 Engineer's Certification 1, as a duly registered Professional Engineer in the State of North Carolina, having been authorized to observe (periodically/weekly/full time) the construction of the modifications and improvements to the Fontana Dam Wastewater Treatment Plant, located in Graham County, hereby state that, to the best of my abilities, due care and diligence was used in the observation of the following construction: Replacement of existing four (4) sludge withdrawal pumps with four (4) new 100 GPM 2 HP non -clog submersible pumps, piping and controls; replacement of an existing scum withdrawal pump with one (1) new 100 GPM 2 HP non -clog submersible pump, piping and controls; replacement of existing two (2) supernatant / digester overflow pumps with two (2) new 136 GPM 2 HP non -clog submersible pumps, piping and control; replacement of existing chlorine gas disinfection system with tablet chlorination-dechlorination system which includes addition of one (1) calcium hypochlorite feed system, and one (1) sodium bisulfate feed system; installation of one (1) 150 kW backup power generator; in conformity with the project plans, specifications, and other supporting documentation comprising the ATC Permit Application package submitted to the Department of Environmental Quality. I certify that the construction of the above referenced project was observed to be built within substantial compliance, intent and in conformity with all applicable regulations and statutes and the project plans, specifications, and other supporting documentation comprising the Authorization to Construct Permit Application package. Signature Date Registration No. Mail this Certification to: Attn: Bing Bai Complex Permitting Unit DEQ/DWR/Water Quality Programs 1617 Mail Service Center Raleigh, NC 27699-1617 Water Resources ENVIRONMENTAL QUALITY May 24, 2017 Ms. Zelerie Rogers Town of Fontana Dam PO Box 128 Fontana Dam, NC 28733 Subject: Permit Renewal Application No. NCO023086 Town of Fontana Dam WWTP Graham County Dear Ms. Rogers: ROY COOPER Governor MICHAEL S. REGAN Secretary S. JAY ZIMMERMAN Director The Water Quality Permitting Section acknowledges receipt of your permit application and supporting documentation received on May 15, 2017. The primary reviewer for this renewal application is Derek Denard. The primary reviewer will review your application, and he will contact you if additional information is required to complete your permit renewal. Per G.S. 150B-3 your current permit does not expire until permit decision on the application is made. Continuation of the current permit is contingent on timely and sufficient application for renewal of the current permit. Please respond in a timely manner to requests for additional information necessary to complete the permit application. If you have any additional questions concerning renewal of the subject permit, please contact Derek at 919-807-6307 or Derek.Denard@ncdenr.gov. Sincerely, Wkw %`ie # Wren Thedford Wastewater Branch cc: Central Files NPDES sheville tMegiana7=:Offi`ce� State of North Carolina I Environmental Quality i Water Resources 1617 Mail Service Center i Raleigh, North Carolina 27699-1617 919-807-6300 F ECEIVED bivision of Water Resources MAY 3 0 2017 Water Quality Regional Operations Asheville Regional Office Town of Fontana Dam Sarah Houston, Mayor Greg Corvelle Sara Locke Tracy Williams Rob Hardy, Mayor Pro Tem Zelerie Rogers, Administrator/Clerk May 8, 2017 Wren Thedford NC DENR / DWR / NPDES Unit 1617 Mail Service Center Raleigh, NC 27699-1617 RECEIVEDUDEWWR MAY 15 2017 Water Quality Permitting Section PO Box 128 Fontana Dam, NC 28733 828.498.2107 The Town of Fontana Dam is requesting permit renewal and a name change for the Sewer Plant. There have been no significant changes to the facility since the last permit issuance; however, there will be significant upgrades occurring in the coming months. Any biosolids generated by this facility will be pumped and hauled to the municipal treatment facility in Robbinsville (Graham County). With regards, 'Ale Zelerie Rogers Town Administrator Town of Fontana Dam PO Box 128 Fontana Dam, NC 28733 Zelerie.rogers a,fontanavillage.com 828-498-2107 Enclosures: NPDES Application -Form 2A Name Change with Required Legal Documentation 1 Original — 2 Copies i i �1F \ ;� ,., ,� V1';<te Re;i?ilrr'P, 0. JAY IMP.4F':RMAN h''IRONIM 1:P!'f �i. l CIMAL.,1Y PERMIT NAME/OWNERSHIP CHANGE FORM I. CURRENT PERMIT INFORMATION: Permit Number: N0002/3/0/8/6 or NCG5 1. Facility Name: Town of Fontana Dam WWTP if. NEW OWNER/NAME INFORMATION: 1. This request for a name change is a result of: a. Change in ownership of property/company X b, Name change only c. Other (please explain): 2. New owner's name (name to be put on permit): Town of Fontana Dam 3. New owner's or signing official's name and title: Zelerie Rogers (Person legally responsible for permit) Town Administrator (Title) 4. Mailing address: P.O. Box 128 City: Fontana Dam State: N.C. Zip Code:28733 _ Phone: (828)498-2107 E-mail address: zelerie.rogersaa fontanavillage.com THIS APPLICATION PACKAGE WILL NOT BE ACCEPTED BY THE DIVISION UNLESS ALL OF THE APPLICABLE ITEMS LISTED BELOW AIRE INCLUDED WITH THE SUBMITTAL. REQUIRED ITEMS: 1. This completed application form 2. Legal documentation of the transfer of ownership (such as a property deed, articles of incorporation, or sales agreement) [see reverse side of this page for signature requirements] State of North Carolina I Environmental Quality I Water Resources 1617 Mail Service Center I Raleigh, NC 27699-1617 919 807 6300 919-807-6389 FAX https://deq. n c. gov/ab o ut/divisions/water-resources/water-resources-permits/wastewater-branch/npdes-wastewater-permits NPDES Name & Ownership Change Page 2 of 2 Applicant's Certification: I, Zelerie Rogers , attest that this application for a name/ownership change has been reviewed and is accurate and complete to the best of my knowledge. i understand that if all required parts of this application are not completed and that if all required supporting information and attachments are not included, this application package will be returned as incomplete. C Signature: Date: cJA THE COMPL TED APPLICATION PACKAGE, INCLUDING ALL SUPPORTING INFORMATION & MATERIALS, SHOULD BE SENT TO THE FOLLOWING ADDDRESS: NC DEQ / DWR / NPDES 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Version 712016 r FACILITY NAME AND PERMIT NUMBER: PERMIT ACTION REQUESTED: RIVER BASIN: 'Town of Fontana Dam, NC0023086 Renewal with name change Little `�'ennessee River FORM 2A RMES.-FORM 2A.APPLICATI.ON .OVERVIEW NPDES APPLICATION OVERVIEW Form 2A has been developed in a modular format and consists of a "Basic Application Information" packet and a "Supplemental Application Information" packet. The Basic Application Information packet is divided into two parts. All applicants must complete Parts A and C. Applicants with a design flow greater than or equal to 0.1 mgd must also complete Part B. Some applicants must also complete the Supplemental Application Information packet. The following items explain which parts of Form 2A you must complete. BASIC APPLICATION INFORMATION: A. Basic Application Information for all Applicants. All applicants must complete questions A.1 through A.8. A treatment works that discharges effluent to surface waters of the United States must also answer questions A.9 through A.12. B. Additional Application Information for Applicants with a Design Flow z 0.1 mgd. All treatment works that have design flows greater than or equal to 0.1 million gallons per day must complete questions B.1 through 13.6. C. Certification. All applicants must complete Part C (Certification). SUPPLEMENTAL APPLICATION INFORMATION: D. Expanded Effluent Testing Data. A treatment works that discharges effluent to surface waters of the United States and meets one or more of the following criteria must complete Part D (Expanded Effluent Testing Data): 1. Has a design flow rate greater than or equal to 1mgd, 2. Is required to have a pretreatment program (or has one in place), or 3. Is otherwise required by the permitting authority to provide the information. E. Toxicity Testing Data. A treatment works that meets one or more of the following criteria must complete Part E (Toxicity Testing Data): 1. Has a design flow rate greater than or equal to 1 mgd, 2. Is required to have a pretreatment program (or has one in place), or 3. Is otherwise required by the permitting authority to submit results of toxicity testing. F. Industrial User Discharges and RCRA/CEFZCLA Wastes. A treatment works that accepts process wastewater from any significant industrial users (SIUs) or receives RCRA or CERCLA wastes must complete Part F (Industrial User Discharges and RCRA/CERCLA Wastes). SIUs are defined as: 1. All industrial users subject to Categorical Pretreatment Standards under 40 Code of Federal Regulations (CFR) 403.6 and 40 CFR Chapter I, Subchapter N (see instructions); and 2. Any other industrial user that: a. Discharges an average of 25,000 gallons per day or more of process wastewater to the treatment works (with certain exclusions); or b. Contributes a process wastestream that makes up 5 percent or more of the average dry weather hydraulic or organic capacity of the treatment plant; or C. Is designated as an SIU by the control authority. G. Combined Sewer Systems. A treatment works that has a combined sewer system must complete Part G (Combined Sewer Systems). -ALL APPLICANTS MUST COMPLETE PART C (CERTIFICATION) EPA Form 3510-2A (Rev. 1-99). Replaces EPA forms 7550-6 & 7650-22. Page 1 of 22 FACILITY NAME AND PERMIT NUMBER: PERMIT ACTION REQUESTED: Town Of Fontana Darn, N00023086 Renewal with narne; RIVER BASIN; Little 'Tennessee River change BASIC APPLICATION INFORMATION PART A. BASIC APPLICATION INFORMATION FOR ALL APPLICANTS: All treatment works must complete questions A.1 through A.8 of this Basic Application Information Packet. A.I. Facility Information. Facility Name l own of Fontana Dam WWTP Mailing Address P.O. Box 128 Fontana Dam N.C. 28733 Contact Person Zelerie Roc er_t s Title Town Administrator Telephone Number (828) 498-2107 Facility Address N.C. Highway 128 near Fontana Village Resort (not P.O. Box) Fontana Darn N.C. 28733 in Graham County A.2. Applicant Information. If the applicant is different from the above, provide the following: Applicant Name same as above Mailing Address Contact Person Title Telephone Number { L Is the applicant the owner or operator (or both) of the treatment works? ® owner ❑ operator Indicate whether correspondence regarding this permit should be directed to the facility or the applicant. ❑ facility ® applicant A.3. Existing Environmental Permits. Provide the permit number of any existing environmental permits that have been issued to the treatment works (include state -issued permits). NPDES NCO023086 PSD UIC Other Public Water System ID NCO138101 RCRA _ Other A.4. Collection System Information. Provide information on municipalities and areas served by the facility. Provide the name and population of each entity and, if known, provide information on the type of collection system (combined vs, separate) and its ownership (municipal, private, etc.). Name Population Served Type of Collection System Ownership Fontana Village Resort 700 separate Resort area, marina TVA Darn Residential 25 separate _ municipal & resort area Total population served 72:5 EPA Form 3510-2A (Rev. 1-99). Replaces EPA forms 7550-6 & 7550-22. Page 2 of 22 FACILITY NAME AND PERMIT NUMBER: PERMIT ACTION REQUESTED: - Renewal with name RIVER BASIN: Town or i�c�l�ian� D�In�, NC00230£30 chanae Little Tennessee fiver A.5. Indian Country. a. Is the treatment works located in Indian Country? ❑ Yes 0 No b- Does the treatment works discharge to a receiving water that is either in Indian Country or that is upstream from (and eventually flows through) Indian Country? R Yes ❑ No A.6. Flow. Indicate the design flow rate of the treatment plant (i.e., the wastewater flow rate that the plant was built to handle). Also provide the average daily flow rate and maximum daily flow rate for each of the last three years. Each year's data must be based on a 12-month time period with the 12'h month of "this year" occurring no more than three months prior to this application submittal. a. Design flow rate 0.300 mgd Two Years Ago Last Year This Year b. Annual average daily flow rate 0.082 0.068 0.062 G. Maximum daily flow rate 0,225 0.299 0.286 A.7. Collection System. Indicate the type(s) of collection system(s) used by the treatment plant. Check all that apply. Also estimate the percent contribution (by miles) of each. ® Separate sanitary sewer 100 ❑ Combined storm and sanitary sewer A.8. Discharges and Other Disposal Methods. a. Does the treatment works discharge effluent to waters of the U.S.? Z Yes ❑ No If yes, list how many of each of the following types of discharge points the treatment works uses: I. Discharges of treated effluent i ii. Discharges of untreated or partially treated effluent 0 III. Combined sewer overflow points 0 iv. Constructed emergency overflows (prior to the headworks) 9- V. Other SSO points in system _ d,, b. Does the treatment works discharge effluent to basins, ponds, or other surface impoundments that do not have outlets for discharge to waters of the U.S.? ❑ Yes ❑X No If yes, provide the following for each surface impoundment: Location: Annual average daily volume discharge to surface impoundment(s) mgd Is discharge ❑ continuous or ❑ intermittent? C. Does the treatment works land -apply treated wastewater? ❑ Yes No If yes, provide the following for each land application site: Location: Number of acres: Annual average daily volume applied to site: _ _ mgd Is land application ❑ continuous or ❑ intermittent? d. Does the treatment works discharge or transport treated or untreated wastewater to another treatment works? ❑ Yes ® No EPA Form 3510-2A (Rev. 1-99). Replaces EPA forms 7550-6 & 7550-22. Page 3 of 22 FACILITY NAME AND PERMIT NUMBER: PERMIT ACTION REQUESTED: RIVER BASIN: Town o� Fontana Dam, NCO07_ 3086 Renewal with name RIVER BASIN: Tennessee River change If yes, describe the mean(s) by which the wastewater from the treatment works is discharged or transported to the other treatment works (e.g., tank truck, pipe). If transport is by a party other than the applicant, provide: Transporter Name Mailing Address Contact Person _ Title Telephone Number iL— For each treatment works that receives this discharge, provide the following: Name Mailing Address Contact Person _ Title Telephone Number If known, provide the NPDES permit number of the treatment works that receives this discharge Provide the average daily flow rate from the treatment works into the receiving facility, mgd e. Does the treatment works discharge or dispose of its wastewater in a manner not included in A.8. through A.8.d above (e.g., underground percolation, well injection): ❑ Yes ❑ No If yes, provide the following for each disposal method: Description of method (including location and size of site(s) if applicable): Annual daily volume disposed by this method: Is disposal through this method ❑ continuous or ❑ intermittent? EPA Form 3510-2A (Rev. 1-99). Replaces EPA forms 7550-6 & 7550-22. Page 4 of 22 FACILITY NAME AND PERMIT NUMBER: PERMIT ACTION REQUESTED: BASIN: Town of Fontana Dam, NCO023086 Renewal with narne RIVER ER Tennessee River WASTEWATER DISCHARGES: If you answered "Yes" to question A.8.a, complete questions A.9 through A.12 once for each outfall (including bypass points) through which effluent is discharged. Do not include information on combined sewer overflows In this section. If you answered "No" to question A.8.a, go to Part B, "Additional Application Information for Applicants with a Design Flow Greater than or Equal to 0.1 mgd." A.9. Description of Outfall. a. Outfall number b. Location Town of Fontana Dam 28733 (City or town, if applicable) (Zip Code) (County) 35' 26' 47" (State) 83' 49' 02" (Latitude) (Longitude) C. Distance from shore (if applicable) 5 ft. d. Depth below surface (if applicable) 2 ft. e. Average daily flow rate .044 mgd f. Does this outfall have either an intermittent or a periodic discharge? ❑ Yes [ No (go to A.9.g.) If yes, provide the following information: Number f times per year discharge occurs: Average duration of each discharge: Average flow per discharge: mgd Months in which discharge occurs: g. Is outfall equipped with a diffuser? ® Yes ❑ No A.10. Description of Receiving Waters. a. Name of receiving water Little Tennessee River b. Name of watershed (if known) Little Tennessee River Basin United States Soil Conservation Service 14-digit watershed code (if known): C. Name of State Management/River Basin (if known): Little Tennessee River United States Geological Survey 8-digit hydrologic cataloging unit code (if known): 06010204 d. Critical low flow of receiving stream (if applicable) acute __ cfs chronic cfs e. Total hardness of receiving stream at critical low flow (if applicable): mg/I of CaCO3 EPA Form 3510-2A (Rev. 1-99). Replaces EPA forms 7550-6 & 7550-22. Page 5 of 22 FACILITY NAME AND PERMIT NUMBER: PERMIT ACTION REQUESTED: Town Of Fontana Dam, NCO023086 Renewal with name RIVER BASIN: change LWIP Tennessee River A.11. Description of Treatment a. What level of treatment are provided? Check all that apply. ❑ Primary ® Secondary ❑ Advanced ❑ Other. Describe: b. Indicate the following removal rates (as applicable): Design BOD5 removal or Design CBOD5 removal 85 % Design SS removal 85 % Design P removal J0 % Design N removal 50 Other % C. What type of disinfection is used for the effluent from this outfall? If disinfection varies by season, please describe: Current chlorine disinfection is not in use and appears to not function as originally designed and constructed If disinfection is by chlorination is dechlorination used for this outfall? ❑ Yes ® No Does the treatment plant have post aeration? N_ Yes ❑ No A.12. Effluent Testing Information. All Applicants that discharge to waters of the US must provide effluent testing data for the following parameters. Provide the indicated effluent testing required by the permitting authority for each outfail through which effluent is discharged. Do not include information on combined sewer overflows in this section. All information reported must be based on data collected through analysis conducted using 40 CFR Part 136 methods. In addition, this data must comply with QA/QC requirements of 40 CFR Part 136 and other appropriate QA/QC requirements for standard methods for analytes not addressed by 40 CFR Part 136. At a minimum, effluent testing data must be based on at least three samples and must be no more than four and one-half years apart. Outfall number: 001 PARAMETER MAXIMUM DAILY VALUE AVERAGE DAILY VALUE Value Units Value Units Number of Samples pH (Minimum) 6.3 S.U. pH (Maximum) 6.7 S.U. Flow Rate .076 tngd ,pan•. tngd 30 Temperature (Winter) 10.2 ° C Temperature (Summer) 2,h'.3 ° C 24.6 C 4 * For pH please report a minimum and a maximum daily value MAXIMUM DAILY DISCHARGE AVERAGE DAILY DISCHARGE POLLUTANT ANALYTICAL METHOD ML/MDL Number Conc. Units Conc. Units of Samples CONVENTIONAL AND NON CONVENTIONAL COMPOUNDS BIOCHEMICAL OXYGEN BODS 2S.4 IlAq/1_ 10.0 1Uiq&. 4 2 tnq/1 DEMAND (Report one) CBODS FECAL COLIFORM 6700 1N100 rn1 648 /100 C11 a 2/1 00m 1 TOTAL SUSPENDED SOLIDS (TSS) 10.7 Mg/l.. 6.0 N]141L 4 2 inq/l END OF PART A. REFER TO THE APPLICATION OVERVIEW (PAGE 1) TO DETERMINE WHICH OTHER PARTS OF FORM 2A YOU MUST COMPLETE EPA Form 3510-2A (Rev. 1-99). Replaces EPA forms 7550-6 & 7550-22. Page 6 of 22 FACILITY NAME AND PERMIT NUMBER: PERMIT ACTION REQUESTED: Town of Fontana Dam, NC0023036 Renewal with name VER BASIN: RIn��0e T ��a�o���� Riverchange BASIC APPLICATION INFORMATION PART B. ADDITIONAL APPLICATION INFORMATION FOR APPLICANTS WITH A DESIGN FLOW GREATER THAN OR EQUAL TO 0.1 MGD (100,000 gallons per day). All applicants with a design flow rate z 0.1 mgd must answer questions B.1 through B.S. All others go to Part C (Certification). B.1. Inflow and Infiltration. Estimate the average number of gallons per day that flow into the treatment works from inflow and/or infiltration. *10,000 gpd Briefly explain any steps underway or planned to minimize inflow and infiltration. Conduct asset mqt. plan with I & I reduction study. Commend and implement I & I reduction methods thru Asset Mgt plan And updated collection system O & M. B.2. Topographic Map. Attach to this application a topographic map of the area extending at least one mile beyond facility property boundaries. This map must show the outline of the facility and the following information. (You may submit more than one map if one map does not show the entire area.) a. The area surrounding the treatment plant, including all unit processes. b. The major pipes or other structures through which wastewater enters the treatment works and the pipes or other structures through which treated wastewater is discharged from the treatment plant. Include outfalls from bypass piping, if applicable. c. Each well where wastewater from the treatment plant is injected underground. d. Wells, springs, other surface water bodies, and drinking water wells that are: 1) within % mile of the property boundaries of the treatment works, and 2) listed in public record or otherwise known to the applicant. e. Any areas where the sewage sludge produced by the treatment works is stored, treated, or disposed. f. If the treatment works receives waste that is classified as hazardous under the Resource Conservation and Recovery Act (RCRA) by truck, rail, or special pipe, show on the map where the hazardous waste enters the treatment works and where it is treated, stored, and/or disposed. B.3. Process Flow Diagram or Schematic. Provide a diagram showing the processes of the treatment plant, including all bypass piping and all backup power sources or redunancy in the system. Also provide a water balance showing all treatment units, including disinfection (e.g., chlorination and dechlorination). The water balance must show daily average flow rates at influent and discharge points and approximate daily flow rates between treatment units. Include a brief narrative description of the diagram. B.4. Operation/Maintenance Performed by Contractor(s). Are any operational or maintenance aspects (related to wastewater treatment and effluent quality) of the treatment works the responsibility of a contractor? ❑ Yes [E No If yes, list the name, address, telephone number, and status of each contractor and describe the contractor's responsibilities (attach additional pages if necessary). Name: Mailing Address: Telephone Number: Responsibilities of Contractor: B.S. Scheduled improvements and Schedules of Implementation. Provide information on any uncompleted implementation schedule or uncompleted plans for improvements that will affect the wastewater treatment, effluent quality, or design capacity of the treatment works. If the treatment works has several different implementation schedules or is planning several improvements, submit separate responses to question B.5 for each. (If none, go to question B.6.) a. List the outfall number (assigned in question A.9) for each outfall that is covered by this implementation schedule. 0011 b. Indicate whether the planned improvements or implementation schedule are required by local, State, or Federal agencies. ❑ Yes Z No EPA Form 3510-2A (Rev. 1-99). Replaces EPA forms 7550-6 & 7550-22. Page 7 of 22 FACILITY NAME AND PERMIT NUMBER: PERMIT ACTION REQUESTED: Town of Fontana Dam, NCO023086 Renewal with name RIVER RIVER BASIN: BASIN: Tennessee G�uve¢ change C. If the answer to B.5.1b is "Yes," briefly describe, including new maximum daily inflow rate (if applicable). d. Provide dates imposed by any compliance schedule or any actual dates of completion for the implementation steps listed below, as applicable. For improvements planned independently of local, State, or Federal agencies, indicate planned or actual completion dates, as applicable. Indicate dates as accurately as possible. Schedule Actual Completion Implementation Stage MM/DD/YYYY MM/DD/YYYY Begin Construction End Construction Begin Discharge Attain Operational Level e. Have appropriate permits/clearances concerning other Federal/State requirements been obtained? ❑ Yes No Describe briefly: B.6. EFFLUENT TESTING DATA (GREATER THAN 0.1 MGD ONLY). Applicants that discharge to waters of the US must provide effluent testing data for the following parameters. Provide the indicated effluent testing required by the permitting authority for each outfall through which effluent is discharged. Do not include information on combine sewer overflows in this section. All information reported must be based on data collected through analysis conducted using 40 CFR Part 136 methods. In addition, this data must comply with QA/QC requirements of 40 CFR Part 136 and other appropriate QA/QC requirements for standard methods for analytes not addressed by 40 CFR Part 136. At a minimum effluent testing data must be based on at least three pollutant scans and must be no more than four and on -half years old. Outfall Number: MAXIMUM DAILY DISCHARGE AVERAGE DAILY DISCHARGE POLLUTANT ANALYTICAL ML/MDL Conc. Units Conc. Units Number of METHOD Samples CONVENTIONAL AND NON CONVENTIONAL COMPOUNDS AMMONIA (as N) 0.6 M91L 0.26 Mg/L 0 CHLORINE (TOTAL RESIDUAL, TRC) NIA Ug/L NIA Ug/L 16 DISSOLVED OXYGEN N/A Mg1L N/A Nlg/L i6 TOTAL KJELDAHL 1.23 Mg/L 1.23 Mg/L 1 NITROGEN (TKN) NITRATE PLUS NITRITE •1.0 Mg/I- 1.0 Mg/L 1 NITROGEN OIL and GREASE <5.0 Mg/I- 1116.0 lVig/L 8 PHOSPHORUS (Total) 0.20 IVIg/L 0.2.0 Mg/L 1 TOTAL DISSOLVED SOLIDS NIA NIA N/A (TDS) OTHER MBAS <0.20 Mg/L <0.20 Mg/L. 4 END OF PART B. REFER TO THE APPLICATION OVERVIEW (PAGE 1) TO DETERMINE WHICH OTHER PARTS OF FORM 2A YOU MUST COMPLETE EPA Form 3510-2A (Rev. 1-99). Replaces EPA forms 7550-6 & 7550-22. Page 8 of 22 FACILITY NAME AND PERMIT NUMBER: PERMIT ACTION REQUESTED: Town of Fontana Dam, NC0023086 Renewal with name RIVER BASIN: RIVER l Tennessee River BASIC APPLICATION INFORMATION PART C. CERTIFICATION All applicants must complete the Certification Section. Refer to instructions to determine who is an officer for the purposes of this certification. All applicants must complete all applicable sections of Form 2A, as explained in the Application Overview. Indicate below which parts of Form 2A you have completed and are submitting. By signing this certification statement, applicants confirm that they have reviewed Form 2A and have completed all sections that apply to the facility for which this application is submitted. Indicate which parts of Form 2A you have completed and are submitting: ® Basic Application Information packet Supplemental Application Information packet: ❑ Part D (Expanded Effluent Testing Data) [] Part E (Toxicity Testing: Biomonitoring Data) ❑ Part F (Industrial User Discharges and RCRA/CERCLA Wastes) ❑ Part G (Combined Sewer Systems) ALL APPLICANTS MUST COMPLETE THE FOLLOWING CERTIFICATION. I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system or those persons directly responsible for gathering the information, the information is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations. Name and official title Zelerie Rogers 'FQwn Administrator Signature Telephone number jrJc�.p )) LLCM I Date signed Upon request of the permitting authority, you must submit any other information necessary to assure wastewater treatment practices at the treatment works or identify appropriate permitting requirements. SEND COMPLETED FORMS TO: NCDENR/ DWQ Attn: NPI)ES Unit 1617 Mail Service Center Raleigh, North Carolina 27699-1617 EPA Form 3510-2A (Rev. 1-99). Replaces EPA forms 7550-6 & 7550-22. Page 9 of 22 01 All fry X4 I r oe 7V IX T, F� NI .111M h No Revenue Required This Instrument prepared by: John F. Henning, Jr. Chad Ray Donnahoo Campbell Shatley, PLLC 674 Merrimon Ave. Suite 210 Asheville, NC 28804 (828) 378-0064 UTILITY CONVEYANCE AGREEMENT !lIIIIII IIlIII III (IIII IIIII IIIII llill IIIINIIiI (IIII Ilil111111IIIII IIIII IIII III Doc ID: 00063600000P Type: CRP Kind: AGREEMENT Recorded: 12/30/2016 at 02:42:05 1 Fee Amt: $26.00 Page i of 8 Graham County, North Carolina Carolyn Stewart Register of Deeds SK355 PG766-/ 73 THIS AGREEMENT is made and entered into as of theeday of NC6/n 42016, by and between FONTANA VILLAGE, INC. ("FVI"), a corporation duly organized and existing under the laws of the State of North Carolina; TOWN OF FONTANA DAM ("Town"), a body corporate and political duly organized and existing under the laws of the State of North Carolina; and the UNITED STATES OF AM ERICA ("USA"), acting by and through its legal agent, the TENNESSEE VALLEY AUTHORITY ("TVA"), a corporation and instrumentality duly organized and existing under the Tennessee Valley Authority Act of 1933, as amended. First Tennessee Bank, NA, a national banking association, joins in this agreement for the limited purpose of consenting to this agreement as expressed herein. WITNESSETH WHEREAS, the USA is the owner of those certain tracts of parcels of real property located in Yellowcreek Township, Graham County, North Carolina, described in TVA records as Tract # XTFR-6L, XTFR-7L, XTFR-8L, XTFR•-9L and XTFR-12L; WHEREAS, said tracts were leased by and certain personal property and fixtures were conveyed to Government Services, Inc. (now Guest Services) under a Lease and Conveyance Agreement ("Lease"), identified as Contract # TV-27427A, dated January 1, 1972, a memorandum of which is recorded in Book 131 Page 102 in the office of the Register of Deeds {CS: 00038496.DOCX} of Graham County, North Carolina, as supplemented by instruments dated May 2, 1973 and April 27, 1981; WHEREAS, pursuant to Section 1(d) of the Lease, TVA conveyed on behalf of USA all right, title, and interest in all buildings, improvements, and facilities to Government Services, Inc. Pursuant to Section 1(e) of the Lease, TVA further conveyed on behalf of USA all right, title, and interest in all personal property subject to the lease agreement of April 24, 1946 (contract TV-92173), which lease; is believed to have been entered into between USA by and through TVA as lessor, and Government Services, Inc. as lessee; WHEREAS, in an instrument dated August 13, 1987, Guest Services assigned the Lease to C. Wayne Kinser ("Kinser"). Based on information and belief, Guest Services did not, however, convey any of its personal property and fixtures that it had acquired under the Lease; WHEREAS, Kinser, in an instrument dated August 28, 1987, assigned the Lease to Peppertree Fontana Village, Inc. ("Peppertree"); WHEREAS, Peppertree, by amendment to its certificate of incorporation, filed October 28, 2005, changed its corporate name to FVI; WHEREAS, in an instrument entitled "Supplement No. 3 to Lease and Conveyance Agreement", dated March 20, 2008, the Lease was amended to remove Peppertree's corporate name and replace with. FVI's corporate name; WHEREAS, by that Quitclaim, Conveyance and Release Agreement recorded February 3, 2016 in Deed Book 348, pages 38-41 in the Office of the Register of Deeds for Graham County, Government Services conveyed all of its right, title and interest to any and all improvements located upon, over or within the lands described hereinabove, or otherwise acquired by it pursuant to the Lease; WHEREAS, by agreement dated December 8, 2010, FVI and Graham County entered into an agreement by which Graham County was to secure grant funds to be used for the purpose of upgrading the water system serving the property of the Lease, pursuant to which 1) the USA, by and through TVA, conveyed to Graham County a 2.608 acre parcel of land by a deed recorded in Deed Book 320, page 527 in the Office of the Register of Deeds for Graham County, and 2) FVI conveyed to Graham County certain personal property used for purposes of operating the water system; WHEREAS, by an agreement dated September 24, 2012, Graham County, FVI, and Town agreed that Town would take over the possession, control and maintenance of all water system assets, and the responsibility to provide water pursuant to the Lease, and pursuant to this said agreement Graham County conveyed the 2.608 acre parcel of land to Town by a deed recorded in Deed Book 322, page 824-826 in -the Office of the Register of Deeds for Graham County, and Graham County and FVI conveyed personal property associated with the water system by an instrument also dated September 24, 2012; {CS: 00038496.DOCX} WHEREAS, under the terms of the Lease as amended pursuant to Supplement No. 4 to Contract No. TV-27427, dated the day of , 2016, TVA has consented to FVI's assignment of utility lines and facilities, roads, and other improvements to Town as appropriate for their further operation and maintenance. NOW, THEREFORE, in consideration of the premises, the Parties hereto agree to the following: CONVEYANCE AND TRANSFER. (1) FVI agrees to convey and transfer, for the sum of one dollar ($1.00), all power distribution facilities, wager treatment, storage and distribution facilities and sewage collection, treatment and disposal facilities, as acquired from Guest Services or pursuant to the Lease, by operation of this Paragraph to the Town. This conveyance specifically includes an assignment of FVI's right pursuant to section 9(a) of the Lease to have furnished to it raw water by TVA, and the obligation to undertake FVI's obligation under the Lease of supplying treated water to TVA, for the purposes and at the rates specified in the Lease. The Town hereby agrees that, subject to applicable law governing the transfer of municipal enterprise property and in the event that it is ever abolished, repealed, or otherwise becomes through any operation of law unable to own and operate the water treatment, storage and distribution facilities and sewage collection facilities acquired pursuant to this Agreement, the same shall automatically revert to the ownership of FVI, together with all subsequent improvements, modifications, extensions or enhancements thereof. (2) FVI hereby conveys and transfers, for the sum of one dollar ($1.00), all of its interest in and to all roads within or reaching any part of the property described in the Lease, whether located upon such property, less and except North Carolina State Highway 28 and that road running from the said Highway 28 to Fontana Dam and its overlooks, to the Town. (3) The Parties hereby agree to execute and deliver any instruments and/or documents that may, in addition to this Agreement, may be necessary to perfect title to any property transferred herein. (4) TVA hereby consents and agrees to all conveyances and transfers contained herein. TVA, on behalf of itself and the United States, hereby further confirms that it has previously conveyed all of the right, title and interest held in all buildings, improvements, and facilities as described in Section 1(d) of the Lease. TVA, on behalf of itself and the United States, hereby agrees and acknowledges that the option to purchase contained in Section 9(c) of the Lease is not triggered by the transfer of the electrical distribution system contemplated by this Agreement. (5) Notwithstanding Section 6 of the Lease, the Town shall not sell, lease or discontinue any city -owned enterprises except as specifically authorized by N.C.G.S. § 160A- 321. {CS: 00038496.DOCX} (6) FVI has heretofore granted a security interest in -the property and fixtures conveyed by the Lease to First Tennessee Bank, NA, as described in that Deed of Trust dated March 20, 2006 and recorded in Deed Book 267, pages 364-399 in the Office of the Register of Deeds for Graham County, and as amended in Deed Book 287 at pages 314-316 and in Deed Book 319 at pages 632-635 (collectively the "Financing Agreement"). The Town hereby agrees and acknowledges that it shall take title to the power distribution facilities, water treatment, storage and distribution facilities and sewage collection, treatment and disposal facilities herein conveyed subject to the security interest conveyed by the Financing Agreement. FVI hereby agrees and acknowledges that its duties and obligations established in the Financing Agreement shall continue, the transfer effected by this Agreement notwithstanding. First Tennessee Bank joins in this Agreement for the purpose of consenting to such transfer, and hereby agrees and acknowledges that the execution of this Agreement shall not be considered a transfer or event of default pursuant to the Financing Agreement. IN WITNESS WHEREOF, the Parties herein have caused this Agreement to be duly executed by their authorized officers or representatives as of the day and year first written above. [The remainder of this pale intentionally left blank.] (CS: 00038496.DOCX) UNITED STATES OF AMERICA (By its legal agent: T NNESSEE VA LLE AUTHORITY) By. AAROK B. 14IX Senior Manager, Realty Services and GIS STATE OF TENNESSEE COUNTY OF HQ, "$ /�o,i_ I, 1a,,'11"'. "e 1Jaxd.^ , a Notary Public of the aforesaid County and State, hereby certify that Aaron B. Nix, with whom I am personally acquainted, personally came before me this day and acknowledged that he is Senior Manager for Realty Services and GIS, and that by authority duly given by the Tennessee Valley Authority and as the act of the Authority the foregoing instrument was signed by him in its name. Witness my hand and NOTARIAL SEAL, this the 2. ®' - day of aceen, f. - , 2016. Notary Public My Commission Expires: 3-2 3 --Zo1i (NOTAFJkV &),� '-° �_ TENNESSEE a $ NOTARY yy Pusuc HIM(1�� {CS: 00038496.DOCX} TOWN OF FONTANA DAM By:WLL — K&ta= Title: Mayor By: �- Title: Clerk STATE OF NORTH CAROLINA COUNTY OF GRAHAM A S k, £4cx- _^, a Notary Public of the aforesaid County and State, hereby certify that Zelerie Rogers, with whom I am personally acquainted personally came before me this day and acknowledged that Sarah Houston is the duly elected Mayor of the Town of Fontana Dam, and that by authority duly given and as the act of the Town Council the foregoing instrument was signed in the name of the Town by her as its Mayor, sealed with its official seal and attested by its Clerk. 2016. Witness my hand and NOTARIAL SEAL, this the 1_ day of N�y4.v►�be� , Pec"'L'o, 0, Notary Public My Commission Expires: 12 (3 _ t {CS: 00038496.DOCX} FONTANA VILLAGE, INC. By: Z�'r1�L�- - Title: &=5► C Attest: Title: STATE OF NORTH CAROLINA COUNTY OF GRAHAM I, i 0 e-\e -,, O' ° .C� r� _, a Notary Public of the aforesaid County and State, hereby certify that Calvin Shuler, with whom I am personally acquainted, personally came before me this day and acknowledged that he is the President of Fontana Village, Inc., and that by authority duly given and as the act of the corporation the foregoing instrument was signed in its name by him as its President, sealed with its corporate seal and attested by its Secretary. Witness my hand and NOTARIAL SEAL, this the (�IV\ day of -fA D4e,Y, j.., 2016. �/ /', ,, d-n'r_ � z Notary Public My Commission Expires: (NOTARIAL SEAL) HUELENA G NICHOLS Notary Public Graham County North Carolina My Commission Expires Mar 3, 2017 {CS: 00038496.DOCX} FIRST TElo NESSEE BANK X.A By: --P. OWA� t"O� R. Andrew Beam, Senior Mice President STATE OFT NNESSEE COUNTY OF 19 Leg, a Notary Public of the aforesaid County and State, hereby certify that R. Andrew Beam, with whom I am personally acquainted, personally came before me this day and acknowledged that he is Senior Vice President of First Tennessee Bank, NA., and that by authority duly given and as the act of the corporation the foregoing instrument was signed in its name by him as its Vice President. ,e111WijjW,;s my hand and NOTARIAL SEAL, this the day of 9 � ° o STATE o ® cc o OE o%TENNESSEE o ® m NOTARY e °•. PUBLIC o* Notary Public 0 ll``�4````� 1Viy Commission Expires: (Q Lc�) /lllll{1111 (NOTARIAL SEAL) {CS: 00035496.DOCX} Doc ID: 000636020012 Type: CRP Kind: AGREEMENT Recorded: 12/30/2016 at 02:45:49 1 Fee Amt: $26.00 Page 1 of 12 Graham County, North Carolina Carolyn Stewart Register of Deeds 13K3.55 PG782`793 Tax Property Nos. Verified by Graham County on the _ day of _ 2016 by Prepared by: Tennessee Valley Authority 1101 Market Street, BR 413 Chattanooga, Tennessee 37402-2801 Telephone: 1-888-817-5201 GRANT OF TERM EASEMENT TVA TRACT NO. XTFR-16E THIS GRANT OF TERM EASEMENT, made and entered into by and between the UNITED STATES OF AMERICA (sometimes hereinafter referred to as "GRANTOR"), acting by and through its legal agent, the TENNESSEE VALLEY AUTHORITY (sometimes hereinafter referred to as "TVA"), an executive branch corporate agency and instrumentality of the UNITED STATES OF AMERICA created by an act of Congress known as the Tennessee Valley Authority Act of 1933, as amended, and TOWN OF FONTANA DAM, a North Carolina municipal corporation (sometimes hereinafter referred to as "GRANTEE"); WITNESSETH: WHEREAS TVA is authorized by 40 U.S.C. § 1314 to grant to an applicant, on behalf of the UNITED STATES OF AMERICA, such easements affecting federal property in its custody and control as TVA's Board of Directors determines will not be adverse to the interests of the GRANTOR; and WHEREAS in considering GRANTEE's application, TVA's Board of Directors, through its designee, the Chief Executive Officer of TVA, has determined that the granting of the following described easement, subject to the conditions provided herein, will not be adverse to the interests of GRANTOR; NOW, THEREFORE, in consideration of the foregoing premises and the other provisions of this grant of easement: 1. GRANTOR, pursuant to the provisions of 40 U.S.C. § 1314, and subject to all of the terms, conditions, reservations, restrictions, exceptions, and/or limitations contained in this grant of easement and exhibits hereto, does hereby grant, bargain, sell, transfer, and convey to GRANTEE, its successors and assigns, a non-exclusive term easement and right-of-way, the 'NA TRACT NO. XTFR-16E term easement to expire December 31, 2051, to enter upon subject land to construct, repair, operate, maintain, and use water, sewer and road infrastructure facilities, and together with such other improvements as may be necessary or incidental to the operation thereof, and appurtenances thereto, all in the current locations of existing improvements within a strip of land fifty (50) feet in width and in other locations in accordance with plans approved in advance and in writing by TVA, all in, on, over, across, upon, through, or under certain land located in Graham County, North Carolina, designated as TVA Tract No. XTFR••16E (hereinafter referred to as the "easement area") and more particularly described in Exhibit A, and shown on Exhibit B, respectively, which exhibits are attached hereto and made a part hereof. 2. This entire grant is expressly made upon and subject to the following conditions: (a) The easement area shall be used solely to construct, repair, operate, maintain, and use water, sewer, and road infrastructure, together such other improvements as may be necessary or incidental to the operation thereof, and appurtenances thereto, and for no other purpose or purposes, all as approved in advance and in writing by TVA. Improvements in existence at the time of execution of this easement may be repaired, operated, maintained, and used solely at existing locations within the easement area. GRANTEE must obtain advance written TVA approval for construction or expansion of improvements in new locations within the easement area. (b) In the event that GRANTEE shall cease to use such easement area for the purpose for which this easement is granted for a period of two (2) consecutive years or more or shall, regardless of the time period, initiate use of the area subject to such easement for some other purpose or shall abandon such easement or commit any breach of any of the terms or conditions of this easement, in whole or in part, then GRANTOR, TVA, or their successors or assigns, may terminate the easement by written notice to GRANTEE, its successors and assigns, and take possession of the easement area as if this grant of easement had never been made. Such termination shall be effective as of the date of such notice; grovided, however, that GRANTEE, its successors and assigns, shall have the right during a period of ninety (90) days immediately following the date of such notice of termination to remove any improvements placed by it on, over, or across the easement area; and provided further, that GRANTEE, its successors and assigns, shall restore the easement area to TVA's satisfaction, including any regrading or reseeding TVA may deem appropriate. Any use of the easement area or any portion thereof that is 1) approved in writing by TVA, 2) in conformity with any existing agreement between the GRANTOR and GRANTEE, or 3) a reduction in use occasioned by proper operation of the GRANTEE's system shall not be deemed to be cessation of use pursuant to this subsection. Title to any such improvements not removed within such 90-day period shall become the property of TVA or, at TVA's option, may be removed at GRANTEE's expense. Any failure of GRANTOR, TVA, or their successors or assigns, to exercise such power of termination shall not be construed as a waiver of any of the conditions or rights of the GRANTOR, TVA, or their successors or assigns. (c) The easement area and any public facilities constructed in or upon the easement area shall at all times be made available for use by all members of the general public without distinction or discrimination, and no person shall, on the grounds of race, color, national origin, disability, or age be excluded from participation in, be denied the benefits of, or be subject to discrimination in the use of the easement area, which shall be administered in full compliance with the provisions of Title VI of the Civil Rights Act of 1964, Section 504 of the Rehabilitation Act of 1973, the Age Discrimination Act of 1975, and all regulations issued by TVA thereunder at 18 C.F.R. pts. 1302, 1307, 1309, and 1317, the provisions of which, and all future amendments of such statutes and regulations, are incorporated herein by TVA TRACT NO. XTFR-16E reference and made a part hereof. Nothing in this section shall be interpreted to limit the GRANTEE's authority to exclude the general public from the easement area for reasons of public safety, provided that such exclusion is nondiscriminatory. In carrying out its obligations under this section, GRANTEE shall comply with the provisions of Exhibit C which is an integral part of this easement grant. GRANTEE shall make the information set out in said Exhibit C available in a form accessible to persons who do not understand written English, including the visually impaired, in a manner to be determined by the GRANTEE and TVA: A similar provision shall be expressly included in any sublease, license, permit, or other agreement to a third party, but this sentence shall not be construed as authorizing any such sublease, license, permit, or other agreement without GRANTOR's permission, in accordance herewith. 3. GRANTEE, by accepting this grant, covenants and agrees on behalf of itself, its successors, and assigns, that the following shall constitute real covenants which shall attach to and run with the easement hereby granted, and which shall also be binding upon anyone who may hereafter come into ownership thereof, whether by purchase, devise, descent, or succession: (a) GRANTEE shall not, without the consent of TVA, at any time operate or use the easement area or permit it or any part of it to be operated or used for any other purpose other than the use stated herein. (b) GRANTEE shall not construct, maintain, operate, or use buildings, facilities, structures, or improvements of any nature, place equipment, conduct any dredging activities, or place fill material on any portion of the easement area, nor shall GRANTEE make any modifications to, or alter in any way, any wetlands, shoreline vegetation, or floodplains within the easement area, now or in the future, except such as are constructed, maintained, operated, used, placed, conducted, or modified in accordance with plans and specifications which shall first have been approved in writing by TVA. All buildings, facilities, structures, improvements, and equipment placed in or upon the easement area by GRANTEE shall beat its sole risk. (c) GRANTEE will not construct any structure or facility for which approval is required under Section 26a of the Tennessee Valley Authority Act of 1933, as amended, until plans for such structure or facility have been submitted to TVA and have been approved in writing in accordance with established procedures. Nothing in this instrument shall be construed as constituting or evidencing such approval by TVA. (d) GRANTEE shall control all emissions of pollutants that might be discharged or released directly or indirectly into the atmosphere, into any stream, lake, reservoir, watercourse, or surface or subterranean waters, or into or on the ground from any part of the easement area, in full compliance with all applicable standards and requirements relating to pollution control of any kind now in effect or hereafter established by or pursuant to federal, state, or local statutes, ordinances, codes, or regulations. To the extent permitted by applicable state law, GRANTEE shall indemnify, defend, and hold harmless GRANTOR and TVA from any and all claims, costs, or losses that may arise as a result of GRANTEE's breach of this provision. If there is a discharge or release of a hazardous substance, material, or waste, or of any pollutant or other substance, in or from the easement area by GRANTEE or its agents, employees, or contractors for which a cleanup, remediation, restoration, removal, or other action (hereinafter, individually and collectively, referred to as "environmental response") is ordered or required pursuant to any federal, state, or TVA TRACT N0. XTFR-16E local statute, regulation, or ordinance, (including, without limitation, discharges or releases which spread or move in whole or in part beyond the easement area to other areas owned by GRANTOR), GRANTEE shall bear full responsibility for the cost (including, without limitation, natural resources damages and costs) of said environmental response, and shall not seek any contribution or indemnification from GRANTOR or TVA for all or any portion of said costs; provided, however, that nothing in this covenant is intended to or shall preclude GRANTEE from seeking indemnification or contribution from any other person or entity, and provided further that nothing herein shall create any rights in or be enforceable by any person or entity other than GRANTOR, TVA, or their respective successors or assigns. (e) To the extent permitted by applicable state law, GRANTEE further agrees to indemnify the GRANTOR and TVA against and save them harmless from all claims, damages, demands, actions, costs, and charges to which they or either of them may be subject or which they or either of them may have to pay by reason of any injury to any person or property, or loss of life or property suffered or sustained by any person whomsoever, resulting from or in any way connected with the condition or use of the easement area, including any means of ingress thereto or egress therefrom (including such driveways and paths as GRANTEE may create or use to access the easement area, the use: of which the GRANTEE may prohibit the general public from accessing, but specifically excluding state -maintained highways within the easement area), except liability for personal injuries, property damages, or loss of life or property caused by the sole negligence of the GRANTOR or TVA. (f) Unless specifically authorized by TVA, no substances listed as hazardous under the Resource Conservation Recovery Act of 1976, as amended, The Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, The National Oil and Hazardous Substance Pollution Contingency Plan, or any other federal, state, or local law or regulation except as are usual and customary in the normal course of conducting the activities allowed or authorized to be conducted under the terms of this easement shall be brought onto or used on the easement area by the GRANTEE or its agents, employees, or contractors. TVA shall not provide such authorization unless and until TVA receives from GRANTEE a written statement setting forth (1) the exact name and quantity of the hazardous substances to be brought onto the easement area; (2) the reason for bringing the hazardous substances onto the easement area; (3) the protective practices to be instituted; and (4) the counter-measures and cleanup practices to be used in the event of a discharge or release. Nothing herein shall be construed to require TVA to provide such authorization. If a discharge or release occurs, GRANTEE shall notify TVA at 1-800-237- 2322 within twenty-four (24) hours and shall notify federal, state, and local authorities in accordance with applicable laws and regulations. GRANTEE shall provide TVA copies of all correspondence and reports submitted to regulatory authorities in connection with placement or discharge or release of hazardous substances on the easement area. Except as provided hereinabove, GRANTEE shall provide TVA a complete accounting of the hazardous substances brought onto the easement area by the GRANTEE, including the beginning and ending dates that the substances were present on the easement area and the ultimate disposition of the substances. Further TVA authorization is not required for, and GRANTEE shall not be required to notify TVA concerning, the presence of sewage on - site in connection with GRANTEE's operation of sewage infrastructure facilities pursuant to the terms of this easement. (g) GRANTEE shall keep its improvements on the easement area in a safe condition and in good order and appearance and shall collect and dispose of all trash, garbage, and other solid wastes accumulated or left on said easement area by GRANTEE or 4 TVA TRACT NO. XTFR-16E its agents, employees, or contractors; and GRANTEE shall require any third party allowed to build and maintain improvements on the easement area to do the same. (h) GRANTEE shall conduct all activities on the easement area in accordance with the best management practices to control erosion and sedimentation so as to prevent adverse impact on water quality and related aquatic interests in order to meet the requirements of Section 208 of the Clean Water Act and implementing regulations Furthermore, GRANTEE shall actively maintain the easement area to prevent erosion, protect water quality, and preserve aquatic habitat. (i) GRANTEE agrees that all clearing shall be held to a minimum and natural vegetation, selected wildlife plantings, riprap, and/or filter fabric will be used to stabilize disturbed areas to prevent runoff and said disturbed areas shall be back -filled as required by approved plans, and resodded, reseeded, or otherwise restored to TVA's satisfaction and in such a manner as to be aesthetically pleasing and compatible with the surrounding environment. (j) GRANTEE shall -avoid the use of chemicals, including herbicides and pesticides, if practicable; shall use only such chemicals, including herbicides and pesticides, as have been registered in accordance with guidelines set forth by the Environmental Protection Agency in accordance with label directions; and shall prevent any entry of chemicals, including herbicides and pesticides, into the reservoir. (k) GRANTEE shall conduct all activities associated with the exercise of rights granted hereunder in such a manner as to: 1) comply with all applicable local, state, and federal laws and regulations, and such general rules and regulations as GRANTOR may prescribe with respect to its property or properties under its control from tirne to time; and 2) protect the environment in accordance with applicable laws and regulations. Furthermore, GRANTEE shall be responsible for obtaining all necessary licenses, permits, and/or approvals required by local, state, or federal statutes and regulations prior to the commencement of any activities associated with the exercise of rights granted hereunder. (1) GRANTEE shall not disturb or alter in any way the existing state of any archaeological sites, human remains, funerary objects, sacred objects, objects of cultural patrimony, or any other archaeological resources which may be discovered or identified on or under the easement area. Upon the discovery of any such items, GRANTEE shall immediately stop all activity in the area of the discovery, make a reasonable effort to protect such items, and notify TVA's Cultural Compliance Staff by telephone at (865) 632-3660. GRANTEE shall also provide written notification of such discovery to TVA, Cultural Compliance, 400 West Summit Hill Drive, WT-11 D, Knoxville, Tennessee 37902. GRANTEE will not resume work in the area of the discovery until approved by TVA. (m) GRANTEE shall monitor the easement area for vector -related problems (i.e., disease - carrying mosquitoes, vermin, etc.) and immediately report such problems to TVA, and GRANTEE shall assume full responsibility for the control of any vector -related problems that are associated with GRANTEE's operations on the easement area, subject to the rights of TVA to continue in the conduct of its vector control operations as necessary. (n) GRANTEE shall not locate or construct any new, or substantially alter any existing, buildings, facilities, structures, improvements, or equipment subject to flood damage, unless located or constructed above or flood -proofed to the following elevations: 1712.0-feet msl for the area identified on Exhibit B as XTFR-7L; 1290.9-feet msl for the area identified on Exhibit B as XTF"R-8L; 1288.5-feet msl for the area identified on 5 TVA TRACT NO. XTFR-16E Exhibit B as XTFR-9L; and 1288.9-feet msl for the area identified on Exhibit B as XTFR-12L. The area identified on Exhibit B as XTFR-6L is located above TVA's flood risk profile elevation. GRANTEE is hereby advised that it may wish to consider elevating existing buildings, facilities, structures, improvements, and equipment subject to flood damage on XTFR-12L.. (o) Any future development proposed within the limits of the 100-year floodplain must be consistent with the requirements of Executive Order 11988. The 100-year floodplain elevations within the easement area are as follows: 1710.0-feet msl for the area identified on Exhibit B as XTFR-7L; 1284.2-feet msl for the area identified on Exhibit B as XTFR-8L; 1282.4=feet msl for the area identified on Exhibit B as XTFR-9L; 1282.5-feet msl for the area identified on Exhibit B as XTFR-12L. The area identified on Exhibit B as XTFR-6L is located outside the 100-year floodplain. (p) All future development must be consistent with the requirements of TVA's Flood Control Storage Loss Guideline. (q) GRANTEE shall promptly pay, or shall promptly reimburse GRANTOR as appropriate, for all ad valorem taxes, or other increases in taxes, charges, or governmental assessments, which may be imposed by the State of North Carolina or its political subdivisions related to GRANTEE's use of the easement area, including without limitation any taxes or increases upon GRANTEE's buildings, structures, facilities, improvements, equipment, or other property related to this easement or upon GRANTEE's operations under this easement. (r) GRANTEE shall procure and maintain in effect during the full term of this easement a policy or policies of commercial general liability insurance in such forms as TVA may approve in the minimum amount of ONE MILLION AND NO/100 DOLLARS ($1,000,000.00) per occurrence for bodily injury and property damage combined single limits, under which the UNITED STATES OF AMERICA, TVA, and their respective agents, servants, and employees shall be named as additional insured, as their interests may appear, and insuring against any and all claims, demands, damages, actions, causes of action, costs, and charges to which they or any of them may be subject resulting from or in any way connected with the condition or use of the easement area. The policy or policies shall be written by an insurance company or companies which shall be rated A or better by A.M. Best Company and are licensed to do business in North Carolina, or are an accepted surplus lines carrier. The insurance carrier or carriers and form of policies shall be subject to TVA's acceptance. A certificate of insurance evidencing such policy or policies shall be delivered to TVA by GRANTEE in advance of the commencement of operations by GRANTEE hereunder. If GRANTEE shall be in default in procuring or maintaining such insurance, TVA may procure such insurance, in which event the premium or premiums therefor shall be paid by GRANTEE within thirty (30) days after receipt of TVA's invoice therefor. GRANTEE will promptly notify TVA of any claims, accidents on and/or damage to the easement area or the facilities thereon. GRANTOR recognizes that GRANTEE may waive certain legal rights and privileges by the purchase of insurance; GRANTEE's participation in a risk pool or other program that has been held not to cause such a waiver shall satisfy this subsection. 4. Neither this easement nor any interest herein may be assigned, transferred, or conveyed by GRANTEE, in whole or in part, nor may the easement area or any portions thereof be leased, nor may use or control of the easement area or any portions thereof be granted by license, permit, or other agreement, unless GRANTEE has secured written permission from TVA prior 6 TVA TRACT NO. XTFR-16E to such assignment, transfer, conveyance, lease, license, permit, or agreement. Any such assignment, transfer, conveyance, lease, permit, or agreement granted or issued by GRANTEE without first obtaining the written consent of TVA shall be void and of no effect. 5. GRANTOR shall have and hereby expressly reserves to and for itself, TVA, and their respective successors, assigns, and agents the right to enter in, upon, over, and across any and all portions of the easement area for the purpose of inspecting and monitoring said easement area and GRANTEE's operations therein and thereon. 6. GRANTOR shall have and hereby expressly reserves to and for itself, TVA, and their respective successors, assigns, and agents the right, without limitation by reason of specification, to enter in, upon, over, and across any and all portions of the easement area for the purpose of doing and performing or causing the performance thereon of any and all things that GRANTOR or TVA may consider or determine to be necessary or desirable in connection with any present or future statutory function, activity, or program authorized or provided for by the Tennessee Valley Authority Act of 1933, as heretofore or hereafter amended, whether related to river control and development or otherwise, including without limitation by reason of enumeration navigation, flood control, power, dam safety, national defense, vector control, sanitation, and erosion control; and TVA shall not be liable for any loss or damage to the easement area, or to improvements located thereon or therein, resulting therefrom, or as a result of wave action, fluctuation of water levels, or other causes; rop vided, however, that GRANTOR and TVA will as to the easement area, but subject to the provisions of Section 7 below, endeavor to exercise said rights only to the extent determined by it or its agents to be reasonably necessary, and in the exercise thereof as to said easement area will make reasonable efforts to minimize adverse effects upon GRANTEE's use, operation, and development of said easement area for the purposes of this easement. 7. Without limitation of any rights reserved under Sections 5 or 6 above, GRANTOR shall have and hereby expressly reserves to and for itself, TVA, and their respective successors, assigns, and agents the unqualified, unrestricted, permanent, and paramount rights, at any and all times and from time to time, to draw down Fontana Reservoir and to fluctuate the level of said reservoir in any manner it may consider necessary or desirable in its sole discretion, and to flood and submerge permanently with water from any source or sources any and all portions of the easement area identified as XTFR-7L and any access thereto which lie below the 1710.0-foot msl contour elevation, and the further right to flood and submerge temporarily and/or intermittently with water from any source or sources any and all portions of the easement area identified as XTFR-7L, XTFR-8L, XTFR-9L, and XTFR-12L, and any access thereto, all without regard to the effect of such drawdown, fluctuation, or flooding upon the property, facilities, operation, or activities of GRANTEE. 8. GRANTOR reserves to and for itself, TVA, and their respective successors, assigns, and agents the right to maintain any existing boundary and traverse monuments and silt range stations upon the easement area. 9. GRANTOR, as fee owner, expressly reserves for itself, TVA, their successors and assigns, the right to enter said easement area at any time and from time to time and to erect, maintain, repair, rebuild, operate, and patrol as many lines of poles or transmission line structures as GRANTOR deems necessary or useful for electric power transmission purposes, with sufficient wires and cables for electric power circuits and communication circuits, and all necessary appurtenances in, on, over, and across said easement area, together, with the right to clear said easement area and keep same clear of brush, trees, buildings, and fire hazards; to destroy or otherwise dispose of such trees and brush; and to remove, destroy, or otherwise dispose of any trees, which in falling could come within ten (10) feet of any transmission line structure, conductor, or appurtenances thereto. IIJ TVA TRACT NO. XTFR-16E 10. GRANTOR shall have and hereby expressly reserves to and for itself, TVA, and their respective successors, assigns, and agents the right to enter on and over the easement area to clear of vegetation, ditch, dredge, and drain said easement area and to apply larvicides, herbicides, and chemicals thereon and do any and all other things GRANTOR deems necessary or desirable for the promotion and furtherance of public health, without liability on the part of the GRANTOR, TVA, or their respective successors or assigns, for any personal injury or property damage which may result therefrom. 11. GRANTOR shall have and hereby expressly reserves to and for itself, TVA, and their respective successors, assigns, and agents the right to deposit upon the easement area such larvicides, herbicides, and chemicals as may drift or blow onto said easement area from application of dusts, sprays, aerosols, or the like, over and upon other land in the same general vicinity in the conduct of GRANTOR's public health operations, without liability on the part of GRANTOR, TVA, or their respective successors or assigns, for any personal injury or property damage which may result therefrom. 12. It is expressly understood and agreed that neither GRANTEE nor TVA will be considered the agent of the other for any purpose under this grant. GRANTEE shall be held to be an independent contractor and all of GRANTEE's activities and operations shall be conducted and carried on in that status and capacity, and all persons employed or whose services are utilized by GRANTEE on the easement area, or in the exercise of the rights granted under this easement, shall be GRANTEE's employees, servants, and agents only. The United States, TVA, and their agents and employees undertake no obligation or duty (in tort, contract, strict liability, or otherwise) to GRANTEE or any other party for any damages to property (real or personal) or personal injuries (including death) arising out of or in any way connected with the acts or omissions of GRANTEE or any other persons. 13. No waiver of any breach or default under this easement shall be held to be a waiver of any other breach or default. All remedies under this easement, including TVA's right to terminate under Section 2, shall be in addition to every other remedy provided herein or by law. 14. Each of the parties shall, at the request of the other, execute and deliver all such other further assurances, contracts, instruments, and documents as may be reasonably necessary, desirable, or proper to effectuate the provisions and the intents and purposes of this easement. 15. All rights and privileges of GRANTOR under or arising under this easement shall inure to the benefit of TVA and its successors; TVA may act for itself and for GRANTOR in respect to all matters arising out of or in connection with this easement; and all such action may be taken in the name of TVA and shall be sufficient and valid when so taken. All notices by GRANTEE hereunder shall be delivered to TVA in its own name. 16. GRANTOR makes no warranties or representations to GRANTEE or any other party, either express or implied, as to the adequacy, condition, safety, reliability, merchantability, suitability, or adaptability of the property for the purposes herein granted, or any means of access to or egress from the property provided or made available by this easement grant. 17. For so long as this easement is in effect, TVA permits GRANTEE to exercise the following right granted to TVA with respect to TVA Tract No. XTFR-4 in a Supplement to Agreement of Transfer by TVA to the U.S. Department of Agriculture for use and benefit of the Forest Service, dated March 8, 1954, which right was incorporated by reference from the Agreement of Transfer between TVA and the U.S. Department of Agriculture, Forest Service, dated February 24, 1947, and which respect to which TVA has the authority to grant or permit third parties to exercise such right: "the right to maintain and operate any electric power transmission and distribution lines, 13 TVA TRACT NO. XTFR-16E telephone and telegraph lines, and other facilities now owned by [TVA] and located on [TVA Tract No. XTFR-4], together with the right to construct, operate, and maintain such additional transmission, distribution, telephone and telegraph lines and other facilities on said lands as it may hereafter deem necessary." Such permission is subject to the terms of the Agreement of Transfer, and TVA grants no greater rights to GRANTEE than were reserved to TVA in the Agreement of Transfer. This grant is made subject to the lease agreement between TVA and Government Services, Inc. (now assigned to Fontana Village, Inc., Lessee) dated January 1, 1972, a memorandum of which is of record in Book 131, page 102, in the office of the Register of Deeds of Graham County, North Carolina, identified as Contract No. TV-27427A (TVA Tract Nos. XTFR-6L, XTFR-7L, XTFR-6L, XTFR-9L, and XTFR-12L), as assigned and supplemented. Additionally, this grant is made subject to such rights as may be vested in third parties to rights -of -way for roads, electric power distribution lines, and/or telephone lines or other utilities; such rights as aria vested in third parties to the minerals in the tracts FRA 0, FRA 1, FR-13 and FR-15; such rights as may be vested in third parties to the Green Heirs Cemetery; and the right reserved to Aluminum Company of America and its subsidiaries to located by mutual agreement rights of way of 150-foot width for any transmission lines which may be constructed pursuant to an agreement to interconnect Alcoa's plants with the TVA's system, and which affect FR-5 and the Bee Cove Harbor and Parking Area. Also, said grant is made subject to such rights as may be vested in a water line to Graham County, North Carolina and identified in the land records of TVA as XTFR-10U. Also, this grant is made subject to such rights as would be revealed by a current and accurate title examination and/or by a physical inspection of the easement area. In the event the lease agreement described above is terminated pursuant to Section 6(c) of said lease agreement, TVA will pay for and purchase at their fair value all then -existing facilities and improvements owned and constructed by GRANTEE pursuant to the rights granted under this easement. TVA and GRANTEE shall also negotiate an equitable settlement for GRANTEE's interest in any original facilities and improvements transferred to Government Services, Inc. in 1972 pursuant to section 1(d) of said lease agreement and still in existence at the time of termination of the lease agreement. If the parties fail to reach agreement as to the fair value of any of said facilities and improvements and/or mutually agreeable settlement for GRANTEE's interest in the original improvements, they shall jointly appoint a single appraiser to determine such fair value and/or settlement. If the parties are unable to agree upon such appraiser they shall apply to the United States District Court for the Western District of North Carolina for the appointment of the appraiser. The decision of the appraiser shall be final. TO HAVE AND TO HOLD said easement unto GRANTEE, its successors and assigns, the easement term to terminate December 31, 2051; subject, however, to the conditions set forth herein. And TVA does hereby covenant that the UNITED STATES OF AMERICA is seized and possessed of the easement area; that TVA as legal agent of the UNITED STATES OF AMERICA is duly authorized to convey the easement and access road, on, over, across, upon, through, or under the same; that said land is free and clear of liens and encumbrances; and that, subject to the conditions, reservations, restrictions, exceptions and/or limitations contained herein, it will warrant and defend the title thereto against the lawful demands of all persons claiming by, through, or under the UNITED STATES OF AMERICA, but not further or otherwise. 9 TVA TRACT NO. XTFR-16E IN WITNESS WHEREOF, TOWN OF FONTANA DAM, a municipal corporation duly organized and existing under the laws of the State of North Carolina, has caused this instrument to be executed this the day of,�,dY1 , 2016, and the TENNESSEE VALLEY AUTHORITY, acting herein as legal agent of the UNITED STATES OF AMERICA, and being duly authorized to do so, has caused this instrument to be executed in the name of the UNITED STATES OF AMERICA, by its duly authorized officer this the;, 4f`' day of (-eM!9 r 2016. TOWN OF FONTANA DAM "Ail i W�MS41121y • r UNITED STATES OF AMERICA By ZN : VALLEY AUTHORITY, its Big, By: IX, Senior a ger Realty Services and GIS 10 TVA TRACT NO. XTFR-16E STATE OF NORTH CAROLINA ) ) SS COUNTY OF GRAHAM ) On the . tk day of _ K6jMhRf 2016, before me appeared to me personally known, who, being by me duly sworn, did say that he is theim XW of the TOWN OF FONTANA DAM., a North Carolina municipal corporation (July organs ed and existing under the laws of the State of North Carolina, and that sa' instrument was signed and delivered on behalf of said TOWN OF FONTANA DAM, and that he as such �j'n eAC , being authorized to do so, and he as such officer acknowledged said instrument to be the free act and deed of said town on the day and year herein mentioned. WITNESS my hand and seal of office this day of ° ., 2016. N RY PUBLI ROGEn (,Wy M COUNTY NWH CAROUNA My Commission Expires: MY COI► tWON EXPIRES 41 STATE OF TENNESSEE ) ) SS COUNTY OF HAMILTON ) On the 20"day of 2016, before me appeared AARON B. NIX to me personally known, who, being by me duly sworn, did say that he is the Senior Manager, Realty Services and GIS of the TENNESSEE VALLEY AUTHORITY, a corporation, and that said instrument was signed, and delivered on behalf of said corporation, by authority of its Board of Directors, and a;,, legal agent for the UNITED STATES OF AMERICA; and said AARON B. NIX acknowledged said instrument to be the free act and deed of the UNITED STATES OF AMERICA, as principal, and the TENNESSEE VALLEY AUTHORITY, as its agent. WITNESS my hand and official seal of office in Chattanooga, Tennessee, on the day and year aforesaid. NOTARY PUBLIC STATE OF o NOTARY �a 'a•• PUBLIC' n Expires: 3- 11-20!g 11 TVA TRACT NO. XTFR-16E The name and address of the owner of the aforedescribed easement is: EASEMENT OWNER: Town of Fontana Dam 11517 Fontana Road P.O. Box 128 Fontana Dam, North Carolina 28733 The name and address of the legal owner is: OWNER: United States of America Tennessee Valley Authority c/o Realty Services and GIS 1101 Market Street, BR 4B Chattanooga, Tennessee 37402-2801 North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild, P.E. �e Freeman Governor Director �a5 Secretary August 22, 2012 �e Ms. Jeannie Stewart Fontana Village, Inc. P.O. Box 68 Fontana Dam, N.C. 28733-0068 Subject: Issuance of NPDES Permit NCO023086 Fontana Village Resort WWTP Class WW-2 Graham County Dear Ms. Stewart: Division personnel have reviewed and approved your application for renewal of the subject permit. Accordingly, we are forwarding the attached NPDES discharge permit. This permit is issued pursuant to the requirements of North Carolina General Statute 143-215.1 and the Memorandum of Agreement between North Carolina and the U.S. Environmental Protection Agency dated October 15, 2007 (or as subsequently amended). This final permit includes no major changes from the draft permit sent to you on May 23, 2012. If any parts, measurement frequencies or sampling requirements contained in this permit are unacceptable to you, you have the right to an adjudicatory hearing upon written request within thirty (30) days following receipt of this letter. This request must be in the form of a written petition, conforming to Chapter 150B of the North Carolina General Statutes, and filed with the Office of Administrative Hearings (6714 Mail Service Center, Raleigh, North Carolina 27699-6714). Unless such demand is made, this decision shall be final and binding. Please note that this permit is not transferable except after notice to the Division. The Division may require modification or revocation and reissuance of the permit. This permit does not affect the legal requirements to obtain other permits which may be required by the Division of Water Quality or permits required by the Division of Land Resources, the Coastal Area Management Act or any other Federal or Local governmental permit that may be required. If you have any questions concerning this permit, please contact Charles Weaver at telephone number (919) 807-6391,------� cc: Central Files _ _ _ _ Asheville Regional Office/Sur_f_ace Water Protection NPDES Unit 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 512 North Salisbury Street, Raleigh, North Carolina 27604 Phone: 919 807-6300 / FAX 919 807-6495 / http://pofal.ncdenr.org/web/wq El rF� SEP 10 2012 f. IWATER CUALI 1 lini ASHEVILLE RE``C' An Equal Opportunity/Affirmative Action Employer— 501/6 Recycled/10% Post Consumer Permit I STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY PERMIT TO DISCHARGE WASTEWATER UNDER THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM In compliance with the provision of North Carolina General Statute 143-215.1, other lawful standards and regulations promulgated and adopted by the North Carolina Environmental Management Commission, and the Federal Water Pollution Control Act, as amended, Fontana Village, Inc. is hereby authorized to discharge wastewater from a facility located at Fontana Village Resort WWTP NC Highway 28 near Fontana Village Graham County to receiving waters designated as the Little Tennessee River in subbasin 04-04-02 of the Little Tennessee River Basin in accordance with effluent limitations, monitoring requirements, and other conditions set forth in Parts I, II, III and IV hereof. This permit shall become effective November 1, 2012. This permit and authorization to discharge shall expire at midnight on October 31, 2017. Signed this day August 22, 2012 C • s Wakild, P.E., Dir - wisiori of Water Quality By Authority of the Environmental Management Commission Permit NCO023086 SUPPLEMENT TO PERMIT COVER SHEET All previous NPDES Permits issued to this facility, whether for operation or discharge are hereby revoked, and as of this issuance, any previously issued permit bearing this number is no longer effective. Therefore, the exclusive authority to operate and discharge from this facility arises under the permit conditions, requirements, terms, and provisions included herein. Fontana Village, Inc. is hereby authorized to: 1. Continue to operate an existing 0.3 MGD wastewater treatment facility with the following components: ♦ Bar screen ♦ Aeration basins ♦ Clarifier ♦ Sludge and skimmer returns ♦ Aerobic sludge digester ♦ Sludge drying beds ♦ Chlorine disinfection ♦ Standby power generator The facility is located at the Fontana Village Resort WWTP off NC Highway 28 near Fontana Village in Graham County. 2. Discharge from said treatment works at the location specified on the attached map into the Little Tennessee River, a class C-Trout stream in hydrologic unit 06010202 of the Little Tennessee River Basin. J 'OVC Quad: Fontana Dam, N.C. NCO023086 Stream Class: C-Trout Subbasin: 04-04-02 Fontana Village Resort WWTP Latitude: 35'26'47" Longitude: 83'49'02" Receiving Stream: Little Tennessee River z'ovc . I Outfall 001 F. Facility 4---- Location Graham County Map not to scale Permit NCO023086 A. (1) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS During the period beginning on the effective date of this permit and lasting until expiration, the Permittee is authorized to discharge from outfall 001. Such discharges shall be limited and monitored by the Permittee as specified below: PARAMETER LIMITS.' MONITORING REQUIREMENTS [PCS Code] Monthly Daily Measurement . SampleType Sample Location Avera a Maximum Fre uenc . Flow 50050 0.3 MGD Continuous Recorder Influent or Effluent BOD, 5-day (20°C) 00310 30.0 mg/L 45.0 mg/L Weekly Composite Effluent Total Suspended Solids 00530 30.0 mg/L 45.0 mg/L Weekly Composite Effluent NH3 as N 00610 2/Month . Composite Effluent Fecal Coliform (geometric mean) Weekly Grab Effluent 31616 Total Residual Chlorines [50060] 17 Ng/L 2/Week Grab Effluent Temperature (°C) 00010 Weekly Grab Effluent Total Nitrogen (NO2+NO3+TKN) Semi-annually Composite Effluent 00600 Total Phosphorus 00665 Semi-annually Composite Effluent Oil and Grease 00556 30.0 mg/L 60.0 mg/L 2/Month Grab Effluent 38260 MBAS Monthly Grab Effluent pH 00400 > 6.0 and < 9.0 standard units — — Weekly Grab Effluent Footnotes: 1. Limit and monitoring requirements apply only if chlorine is used for disinfection; otherwise, no monitoring is required. The Permittee shall report.all effluent TRC values reported by a NC -certified laboratory [including field -certified]. Effluent values < 50 µg/L will be treated as zero for compliance purposes.. There shall be no discharge of floating solids or visible foam in other than trace amounts. PDES Permit Standard Conditions Page 1 of 18 PART II STANDARD CONDITIONS FOR NPDES PERMITS Section A. Definitions 2/Month Samples are collected twice per month with at least ten calendar days between sampling events. These samples shall be representative of the wastewater discharged during the sample period. 3/Week Samples are collected three times per week on three separate calendar days. These samples shall be representative of the wastewater discharged during the sample period. Act or "the Act" The Federal Water Pollution Control Act, also known as the Clean Water Act (CWA), as amended, 33 USC 1251, et. seq. Annual Average The arithmetic mean of all "daily discharges" of a pollutant measured during the calendar year. In the case of fecal coliform, the geometric mean of such discharges. Arithmetic Mean The summation of the individual values divided by the number of individual values. Bypass The known diversion of waste streams from any portion of a treatment facility including the collection system, which is not a designed or established or operating mode for the facility. Calendar Day The period from midnight of one day until midnight of the next day. However, for purposes of this permit, any consecutive 24-hour period that reasonably represents the calendar day may be used for sampling. Calendar Week The period from Sunday through the following Saturday. Calendar Quarter One of the following distinct periods: January through March, April through June, July through September, and October through December. Composite Sample A sample collected over a 24-hour period by continuous sampling or combining grab samples of at least 100 mL in such a manner as to result in a total sample representative of the wastewater discharge during the sample period. The Director may designate the most appropriate method (specific number and size of aliquots necessary, the time interval between grab samples, etc.) on a case -by -case basis. Samples may be collected manually or automatically. Composite samples may be obtained by the following methods: (1) Continuous: a single, continuous sample collected over a 24-hour period proportional to the rate of flow. (2) Constant time/variable volume: a series of grab samples collected at equal time intervals over a 24 hour period of discharge and combined proportional to the rate of flow measured at the time of individual sample collection, or (3) Variable time/constant volume: a series of grab samples of equal volume. collected over a 24 hour period with the time intervals between samples determined by a preset number of gallons passing the sampling point. Flow measurement between sample intervals shall be determined by use of a flow recorder and totalizer, and the preset gallon interval between sample collection fixed at no greater than 1/24 of the expected total daily flow at the treatment system, or Version 1110912011 'DES Permit Standard ConM Page 2 (4) Constant time/constant volume: a series of grab samples of equal volume collected over a 24-hour period at a constant time interval. Use of this method requires prior approval by the Director. This method may only be used in situations where effluent flow rates vary less than 15 percent. The following restrictions also apply: ➢ Influent and effluent grab samples shall be of equal size and of no less than 100 milliliters ➢ Influent samples shall not be collected more than once per hour. ➢ Permittees with wastewater treatment systems whose detention time < 24 hours shall collect effluent grab samples at intervals of no greater than 20 minutes apart during any 24-hour period. ➢ Permittees with wastewater treatment systems whose detention time exceeds 24 hours shall collect effluent grab samples at least every six hours; there must be a minimum of four samples during a 24-hour sampling period. Continuous flow measurement Flow monitoring that occurs without interruption throughout the operating hours of the facility. Flow shall be monitored continually except for the infrequent times when there may be no flow or for infrequent maintenance activities on the flow device. Daily Discharge The discharge of a pollutant measured'during a calendar day or any 24-hour period that reasonably represents the calendar day for purposes of sampling. For pollutants measured in units of mass, the "daily discharge" is calculated as the total mass of the pollutant discharged over the day. For pollutants expressed in other units of measurement, the "daily discharge" is calculated as the average measurement of the pollutant over the day. (40 CFR 122.2; see also "Composite Sample," above.) Daily Maximum The highest "daily discharge" during the calendar month. Daily Sampling Parameters requiring daily sampling shall be sampled 5 out of every 7 days per week unless otherwise specified in the permit. Sampling shall be conducted on weekdays except where holidays or other disruptions of normal operations prevent weekday sampling. If sampling is required for all seven days of the week for any permit parameter(s), that requirement will be so noted on the Effluent Limitations and Monitoring Page(s). DWQ or "the Division" The Division of Water Quality, Department of Environment and Natural Resources. Effluent Wastewater discharged following all treatment processes from a water pollution control facility or other point source whether treated or untreated. EMC The North Carolina Environmental Management Commission EPA The United States Environmental Protection Agency Facility Closure Cessation of all activities that require coverage under this NPDES permit. Completion of facility closure will allow this permit to be rescinded. Geometric Mean The Nth root of the product of the individual values where N = the number of individual values. For purposes of calculating the geometric mean, values of "0" (or "< [detection level]") shall be considered = 1. Grab Sample Individual samples of at least 100 mL collected over a period of time not exceeding 15 minutes. Grab samples can be collected manually. Grab samples must be representative of the discharge (or the receiving stream, for instream samples). Version 1110912011 fPDES Permit Standard Conditions Page 3 of 18 Substance ce designated under 40 CFR Part 116 pursuant to Section 311 of the CWA. Instantaneous flow measurement The flow measured during the minimum time required for the flow measuring device or method to produce a result in that instance. To the extent practical, instantaneous flow measurements coincide with the collection of any grab samples required for the same sampling period so that together the samples and flow are representative of the discharge during that sampling period. Monthly Average (concentration limit) The arithmetic mean of all "daily discharges" of a pollutant measured during the calendar month. In the case of fecal coliform or other bacterial parameters or indicators, the geometric mean of such discharges. Permit Issuing Authority The Director of the Division of Water Quality. Quarterly Average (concentration limit) The arithmetic mean of all samples taken over a calendar quarter. Severe property damage Substantial physical damage to property, damage to the treatment facilities which causes them to become inoperable, or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass. Severe property damage excludes economic loss caused by delays in production. Toxic Pollutant: Any pollutant listed as toxic under Section 307(a)(1) of the CWA. Upset An incident beyond the reasonable control of the Permittee causing unintentional and temporary noncompliance with permit effluent limitations and/or monitoring requirements. An upset does not include noncompliance caused by operational'error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance, or careless or improper operation. Weekly Average (concentration limit) The arithmetic mean of all "daily discharges" of a pollutant measured during the calendar week. In the case of fecal coliform or other bacterial parameters or indicators, the geometric mean of such discharges. Section B. General Conditions 1. Duty to Comply The Permittee must comply with all conditions of this permit. Any permit noncompliance constitutes a violation of the CWA and is grounds for enforcement action; for permit termination, revocation and reissuance, or modification; or denial of a permit renewal application [40 CFR 122.41]. a. The Permittee shall comply with effluent standards or prohibitions established under section 307(a) of the CWA for toxic pollutants and with standards for sewage sludge use or disposal established under section 405(d) of the CWA within the time provided in the regulations that establish these standards or prohibitions or standards for sewage sludge use or disposal, even if the permit has not yet been modified to incorporate the requirement. b. The CWA provides that any person who violates section[s] 301, 302, 306, 307, 308, 318 or 405 of the Act, or any permit condition or limitation implementing any such sections in a permit issued under section 402, or any requirement imposed in a pretreatment program approved under sections 402(a)(3) or 402(b)(8) of the Act, is subject to a civil penalty not to exceed $37,500 per day for each violation. [33 USC 1319(d) and 40 CFR 122.41(a)(2)] c. The CWA provides that any person who negligently violates sections 301, 302, 306, 307, 308, 318, or 405 of the Act, or any condition or limitation implementing any of such sections in a permit issued under section 402 of the Act, or any requirement imposed.in a pretreatment program approved under section 402(a)(3) or 402(b)(8) of the Act, is subject to criminal penalties of $2,500 to $25,000 per day of violation, or Version 1110912011 'DES Permit Standard Cona Page 4 imprisonment of not more than 1 year, or both. In the case of a second or subsequent conviction for a negligent violation, a person shall be subject to criminal penalties of not more than $50,000 per day of violation, or by imprisonment of not more than 2 years, or both. [33 USC 1319(c)(1) and 40 CFR 122.41(a)(2)] d. Any person who knowingly violates such sections, or such conditions or limitations is subject to criminal penalties of $5,000 to $50,000 per day of violation, or imprisonment for not more than 3 years, or both. In the case of a second or subsequent conviction for a knowing violation, a person shall be subject to criminal penalties of not more than $100,000 per day of violation, or imprisonment of not more than 6 years, or both. [33 USC 1319(c)(2) and 40 CFR 122.41(a)(2)] e. Any person who knowingly violates section 301, 302, 303, 306, 307, 308, 318 or 405 of the Act, or any permit condition or limitation implementing any of such sections in a permit issued under section 402 of the Act, and who knows at that time that he thereby places another person in imminent danger of death or serious bodily injury, shall, upon conviction, be subject to a fine of not more than $250,000 or imprisonment of not more than 15 years, or both. In the case of a second or subsequent conviction for a knowing endangerment violation, a person shall be subject to a fine of not more than $500,000 or by imprisonment of not more than 30 years, or both. An organization, as defined in section 309(c)(3)(B)(iii) of the CWA, shall, upon conviction of violating the imminent danger provision, be subject to a fine of not more than $1,000,000 and can be fined up to $2,000,000 for second or subsequent convictions. [40 CFR 122.41(a)(2)] f. Under state law, a civil penalty of not more than $25,000 per violation may be assessed against any person who violates or fails to act in accordance with the terms, conditions, or requirements of a permit. [North Carolina General Statutes § 143-215.6A] g. Any person may be assessed an administrative penalty by the Administrator for violating section 301, 302, 306, 307, 308, 318 or 405 of this Act, or any permit condition or limitation implementing any of such sections in a permit issued under section 402 of this Act. Administrative penalties for Class I violations are not to exceed $16,000 per violation, with the maximum amount of any Class 1 penalty assessed not to exceed $37,500. Penalties for Class II violations are not to exceed $16,000 per day for each day during which the violation continues, with the maximum amount of any Class H penalty not to exceed $177,500. [33 USC 1319(g)(2) and 40 CFR 122.41(a)(3)] 2. Duty to Mitigate The Permittee shall take all reasonable steps to minimize or prevent any discharge or sludge use or disposal in violation of this permit with a reasonable likelihood of adversely affecting human health or the environment [40 CFR 122.41(d)]. Civil and Criminal Liability Except as provided in permit conditions on "Bypassing" (Part H.C.4), "Upsets" (Part II.C.5) and "Power Failures" (Part II.C.7), nothing in this permit shall be construed to relieve the Permittee from any responsibilities, liabilities, or penalties for noncompliance pursuant to NCGS 143-215.3, 143-215.6 or Section 309 of the Federal Act, 33 USC 1319. Furthermore, the Permittee is responsible for consequential damages, such as fish kills, even though the responsibility for effective compliance may be temporarily suspended. 4. Oil and Hazardous Substance Liability Nothing in this permit shall be construed to preclude the institution of any legal action or relieve the Permittee from any responsibilities, liabilities, or penalties to which the Permittee is or may be subject to under NCGS 143- 215.75 et seq. or Section 311 of the Federal Act, 33 USG 1321. Furthermore, the Permittee is responsible for consequential damages, such as fish kills, even though the responsibility for effective compliance may be temporarily suspended. 5. Property Rights The issuance of this permit does not convey any property rights in either real or personal property, or any exclusive privileges, nor does it authorize any injury to private property or any invasion of personal rights, nor any infringement of Federal, State or local laws or regulations [40 CFR 122.41(g)]. 6. Onshore or Offshore Construction This permit does not authorize or approve the construction of any onshore or offshore physical structures or facilities or the undertaking of any work in any navigable waters. Version 1110912011 `1PDES Permit Standard Conditions Page 5 of 18 bility �.., r.ovisions of this permit are severable. If any provision of this permit, or the application of any provision of this permit to any circumstances, is held invalid, the application of such provision to other circumstances, and the remainder of this permit, shall not be affected thereby [NCGS 15013-23]. 8. Duty to Provide Information The Permittee shall furnish to the Permit Issuing Authority, within a reasonable time, any information which the Permit Issuing Authority may request to determine whether cause exists for modifying, revoking and reissuing, or terminating this permit or to determine compliance with this permit. The Permittee shall also furnish to the Permit Issuing Authority upon request, copies of records required by this permit [40 CFR 122.41(h)]. 9. Duty to Reapply If the Permittee wishes to continue an activity regulated by this permit after the expiration.date of this permit, the Permittee must apply for and obtain a new permit [40 CFR 122.41(b)]. 10. Expiration of Permit The Permittee is not authorized to discharge after the expiration date. In order to receive automatic 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 unless permission for a later date has been granted by the Director. (The Director shall not grant permission for applications to be submitted later than the expiration date of the existing permit.) [40 CFR 122.21(d)] Any Permittee that has not requested renewal at least 180 days prior to expiration, or any Permittee that does not have a permit after the expiration and has not requested renewal at least 180 days prior to expiration, will subject the Permittee to enforcement procedures as provided in NCGS 143-215.6 and 33 USC 1251 et. seq. 11. Signatory Requirements All applications, reports, or information submitted to the Permit Issuing Authority shall be signed and certified [40 CFR 122.41(k)]. a. All permit applications shall be signed as follows: (1) For a corporation: by a responsible ,corporate officer. For the purpose of this Section, a responsible corporate officer means: (a) a president, secretary, treasurer or vice president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision making functions for the corporation, or (b) the manager of one or more manufacturing, production, or operating facilities, provided, the manager is authorized to make management decisions which govern the operation of the regulated facility including having the explicit or implicit duty of making major capital investment recommendations, and initiating and directing other comprehensive measures to assure long term environmental compliance with environmental laws and regulations; the manager can ensure that the necessary systems are established or actions taken to gather complete and accurate information for permit application requirements; and where authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures . (2) For a partnership or sole proprietorship: by a general partner or the proprietor, respectively; or (3) For a municipality, State, Federal, or other public agency: by either a principal executive officer or ranking elected official [40 CFR 122.22]. b. All reports required by the permit and other information requested by the Permit Issuing Authority shall be signed by a person described in paragraph a. above or by a duly authorized representative of that person. A person is a duly authorized representative only if: (1) The authorization is made in writing by a person described above; (2) The authorization specified either an individual or a position having responsibility for the overall operation of the regulated facility or activity, such as the position of plant manager, operator of a well or well field, superintendent, a position of equivalent responsibility, or an individual or position having overall responsibility for environmental matters for the company. (A duly authorized representative may thus be either a named individual or any individual occupying a named position.); and (3) The written authorization is submitted to the Permit Issuing Authority [40 CFR 122.22] Version 1110912011 'DES Permit Standard Cona Page 6 c. Changes to authorization: If an authorization under paragraph (b) of this section is no longer accurate because a different individual or position has responsibility for the overall operation of the facility, a new authorization satisfying the requirements of paragraph (b) of this section must be submitted to the Director prior to or together with any reports, information, or applications to be signed by an authorized representative [40 CFR 122.22] d. Certification. Any person signing a document under paragraphs a. or b. of this section shall make the following certification [40 CFR 122.22]. NO OTHER STATEMENTS OF CERTIFICATION WILL BE ACCEPTED: 7 certify, underpenalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person orpersons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for knowing violations. " 12. Permit Actions This permit may be modified, revoked and reissued, or terminated for cause. The filing of a request by the Permittee for a permit modification, revocation and reissuance, or termination, or a notification of planned changes or anticipated noncompliance does not stay any permit condition [40 CFR 122.41(f)]. 13. Permit Modification, Revocation and Reissuance, or Termination The issuance of this permit does not prohibit the permit issuing authority from reopening and modifying the permit, revoking and reissuing the permit, or terminating the permit as allowed by the laws, rules, and regulations contained in Title 40, Code of Federal Regulations, Parts 122 and 123; Title 15A of the North Carolina Administrative Code, Subchapter 02H .0100; and North Carolina General Statute 143.215.1 et. al. 14. Annual Administering and Compliance Monitoring Fee Requirements The Permittee must pay the annual administering and compliance monitoring fee within thirty days after being billed by the Division. Failure to pay the fee in a timely manner in accordance with 15A NCAC 02H .0105(b)(2) may cause this Division to initiate action to revoke the permit. Section C. Operation and Maintenance of Pollution Controls 1. Certified Operator Owners of classified water pollution control systems must designate operators, certified by the Water Pollution Control System Operators Certification Commission (WPCSOCC), of the appropriate type and grade for the system, and, for each classification must [T15A NCAC 08G .0201]: a. designate one Operator In Responsible Charge (ORC) who possesses a valid certificate of the type and grade at least equivalent to the type and grade of the system; b. designate one or more Back-up Operator(s) in Responsible Charge (Back-up ORCs) who possesses a valid certificate of the type of the system and no more than one grade less than the grade of the system, with the exception of no backup operator in responsible charge is required for systems whose minimum visitation requirements are twice per year; and c. submit a signed completed "Water Pollution Control System Operator Designation Form" to the Commission (or to the local health department for owners of subsurface systems) countersigned by the designated certified operators, designating the Operator in Responsible Charge (ORC) and the Back-up Operator in Responsible Charge (Back-up ORC): (1) 60 calendar days prior to wastewater or residuals being introduced into a new system; or (2) within 120 calendar days following: ➢ receiving notification of a change in the classification of the system requiring the designation of a new Operator in Responsible Charge (ORC) and Back-up Operator in Responsible Charge (Back-up ORC) of the proper type and grade; or ➢ a vacancy in the position of Operator in Responsible Charge (ORC) or Back-up Operator in Responsible Charge (Back-up ORC). Version 1110912011 IPDES Permit Standard Conditions Page 7 of 18 within seven calendar days of vacancies in both ORC and Back-up ORC positions replacing or designating at least one of the responsibilities. The ORC of each Class I facility (or the Back-up ORC, when acting as surrogate for the ORC) must: ➢ Visit the facility as often as is necessary to insure proper operation of the treatment system; the treatment facility must be visited at least weekly ➢ Comply with all other conditions of 15A NCAC 08G .0204. The ORC of each Class II, III and IV facility (or the Back-up ORC, when acting as surrogate for the ORC) must: ➢ Visit the facility as often as is necessary to insure proper operation of the treatment system; the treatment facility must be visited at least five days per week, excluding holidays ➢ Properly manage and document daily operation and maintenance of the facility ➢ Comply with all other conditions of 15A NCAC 08G .0204. 2. Proper Operation and Maintenance The Permittee shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) which are installed or used by the Permittee to achieve compliance with the conditions of this permit. Proper operation and maintenance also includes adequate laboratory controls and appropriate quality assurance procedures. This provision requires the Permittee to install and operate backup or auxiliary facilities only when necessary to achieve compliance with the conditions of the permit [40 CFR 122.41(e)]. NOTE: Properly and officially designated operators are fully responsible for all proper operation and maintenance of the facility, and all documentation required thereof, whether acting as a contract operator [subcontractor] or a member. of the Permittee's staff. 3. Need to Halt or Reduce not a Defense It shall not be a defense for a Permittee in an enforcement action that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the condition of this permit [40 CFR 122.41(c)]. 4. Bypassing of Treatment Facilities a. Bypass not exceeding limitations [40 CFR 122.41(m)(2)] The Permittee may allow any bypass to occur which does not cause effluent limitations to be exceeded, but only if it also is for essential maintenance to assure efficient operation. These bypasses are not subject to the provisions of Paragraphs b. and c. of this section. b. Notice [40 CFR 122.41(m)(3)] (1) Anticipated bypass. If the Permittee knows in advance of the need for a bypass, it shall submit prior notice, if possible at least ten days before the date of the bypass; including an evaluation of the anticipated quality and effect of the bypass. (2) Unanticipated bypass. The Permittee shall submit notice of an unanticipated bypass as required in Part II.E.6. (24-hour notice). c. Prohibition of Bypass (1) Bypass from the treatment facility is prohibited and the Permit Issuing Authority may take enforcement action against a Permittee for bypass, unless: (A) Bypass was unavoidable to prevent loss of life, personal injury or severe property damage; (B) There were no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities, retention of untreated wastes or maintenance during normal periods of equipment downtime: This condition is not satisfied if adequate backup equipment should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventive maintenance; and (C) The Permittee submitted notices as required under Paragraph b. of this section. (2) Bypass from the collection system is prohibited and the Permit Issuing Authority may take enforcement action against a Permittee for a bypass as provided in any current or future system -wide collection system permit associated with the treatment facility. Version 1110912011 'DES Permit Standard Coma Page 8 (3) The Permit Issuing Authority may approve an anticipated bypass, after considering its adverse effects, if the Permit Issuing Authority determines that it will meet the three conditions listed above in Paragraph c. (1) of this section. 5. Upsets a. Effect of an upset [40 CFR 122.41(n)(2)1: An upset constitutes an affirmative defense to -an action brought for noncompliance with such technology based permit effluent limitations if the requirements of paragraph b. of this condition are met. No determination made during administrative review of claims that noncompliance was caused by upset, and before an action for noncompliance, is final administrative action subject to judicial review. b. Conditions necessary for a demonstration of upset: Any Permittee who wishes to establish the affirmative defense of upset shall demonstrate, through properly signed, contemporaneous operating logs, or other relevant evidence that: (1) An upset occurred and that the Permittee can identify the cause(s) of the upset; (2) The Permittee facility was at the time being properly operated; and (3) The Permittee submitted notice of the upset as required in Part II.E.6.(b) of this permit. (4) The Permittee complied with any remedial measures required under Part II.13.2. of this permit. c. Burden of proof [40 CFR 122.41(n)(4)]: The Permittee seeking to establish the occurrence of an upset has the burden of proof in any enforcement proceeding. Removed Substances Solids, sludges, filter backwash, or other pollutants removed in the course of treatment or control of wastewaters shall be utilized/disposed of in accordance with NCGS 143-215.1 and in a manner such as to prevent any pollutant from such materials from entering waters of the State or navigable waters of the United States except as permitted by the Commission. The Permittee shall comply with all applicable state and Federal regulations governing the disposal of sewage sludge, including 40 CFR 503, Standards for the Use and Disposal of Sewage Sludge; 40 CFR Part 258, Criteria For Municipal Solid Waste Landfills; and 15A NCAC Subchapter 2T, Waste Not Discharged To Surface Waters. The Permittee shall notify the Permit Issuing Authority of any significant change in its sludge use or disposal practices. 7. Power Failures The Permittee is responsible for maintaining adequate safeguards (as required by 15A NCAC 02H .0124) to prevent the discharge of untreated or inadequately treated wastes during electrical power failures either by means of alternate power sources, standby generators or retention of inadequately treated effluent. Section D. Monitoring and Records 1. Representative Sampling Samples collected and measurements taken, as required herein, shall berepresentative of the permitted discharge. Samples collected at a frequency less than daily shall be taken on a day and time that is representative of the discharge for the period the sample represents. All samples shall be taken at the monitoring points specified in this permit and, unless otherwise specified, before the effluent joins or is diluted by any other wastestream, body of water, or substance. Monitoring points shall not be changed without notification to and the approval of the Permit Issuing Authority [40 CFR 122.410)]. 2. Reporting Monitoring results obtained during the previous month(s) shall be summarized for each month and reported on a monthly Discharge Monitoring Report (DMR) Form (MR 1, 1. 1, 2, 3) or alternative forms approved by the Director, postmarked no later than the last calendar day of the month following the completed reporting period. The first DMR is due on the last day of the month following the issuance of the permit or in the case of a new facility, on the last day of the month following the commencement of discharge. Duplicate signed copies of these, and all other reports required herein, shall be submitted to the following address: Version 1110912011 PDES Permit Standard Conditions Page 9 of 18 NC DENR / Division of Water Quality / Surface Water Protection Section ATTENTION: Central Files 1617 Mail Service Center Raleigh, North Carolina 27699-1617 3. Flow Measurements Appropriate flow measurement devices and methods consistent with accepted scientific practices shall be selected and used to ensure the accuracy and reliability of measurements of the volume of monitored discharges. The devices shall be installed, calibrated and maintained to ensure that the accuracy of the measurements is consistent with the accepted capability of that type of device. Devices selected shall be capable of measuring flows with a maximum deviation of less than 10% from the true discharge rates throughout the range of expected discharge volumes. Flow measurement devices shall be accurately calibrated at a minimum of once per year and maintained to ensure that the accuracy of the measurements is consistent with the accepted capability of that type of device. The Director shall approve the flow measurement device and monitoring location prior to installation. Once -through condenser cooling water flow monitored by pump logs, or pump hour meters as specified in Part I of this permit and based on the manufacturer's pump curves shall not be subject to this requirement. 4. Test Procedures Laboratories used for sample analysis must be certified by the Division. Permittees should contact the Division's Laboratory Certification Section (919 733-3908 or http://portal.ncdenr.org/web/wq/lab/cert) for information regarding laboratory certifications. Facilities whose personnel are conducting testing of field -certified parameters only must hold the appropriate field parameter laboratory certifications.. Test procedures for the analysis of pollutants shall conform to the EMC regulations (published pursuant to NCGS 143-215.63 et. seq.), the Water and Air Quality Reporting Acts, and to regulations published pursuant to Section 304(g), 33 USC 1314, of the CWA (as amended), and 40 CFR 136; or in the case of sludge use or disposal, approved under 40 CFR 136, unless otherwise specified in 40 CFR 503, unless other test procedures have been specified in this permit [40 CFR 122.411. To meet the intent of the monitoring required by this permit, all test procedures must produce minimum detection and reporting levels that are below the permit discharge requirements and all data generated must be reported down to the minimum detection or lower reporting level of the procedure. If no approved methods are determined capable of achieving minimum detection and reporting levels below permit discharge requirements, then the most sensitive (method with the lowest possible detection and reporting level) approved method must be used. Penalties for Tampering The CWA provides that any person who falsifies, tampers with, or knowingly renders inaccurate, any monitoring device or method required to be maintained under this permit shall, upon conviction, be punished by a fine of not more than $10,000 per violation, or by imprisonment for not more than two years per violation, or by both. If a conviction of a person is for a violation committed after a first conviction of such person under this paragraph, punishment is a fine of not more than $20,000 per day of violation, or by imprisonment of not more than 4 years, or both [40 CFR 122.41]. 6. Records Retention Except for records of monitoring information required by this permit related to the Permittee's sewage sludge use and disposal activities, which shall be retained for a period of at least five years (or longer as required by 40 CFR 503), the Permittee shall retain records of all monitoring information, including: ➢ all calibration and maintenance records ➢ all original strip chart recordings for continuous monitoring instrumentation ➢ copies of all reports required by this permit ➢ copies of all data used to complete the application for this permit These records or copies shall be maintained for a period of at least 3 years from the date of the sample, measurement, report or application. This period may be extended by request of the Director at any time [40 CFR 122.41]. Version 1110912011 7 PDES Permit Standard Pa Recording Results For each measurement or sample taken pursuant to the requirements of this permit, the Permittee shall rEcuiu Li-tc; following information [40 CFR 122.41]: a. The date, exact place, and time of sampling or measurements; b. The individual(s) who performed the sampling or measurements; c. The date(s) analyses were performed; d. The individual(s) who performed the analyses; e. The analytical techniques or methods used; and f. The results of such analyses. 8. Inspection and Entry The Permittee shall allow the Director, or an authorized representative (including an authorized contractor acting as a representative of the Director), upon the presentation of credentials and other documents as may be required by law, to; a. Enter, at reasonable times, upon the Permittee's premises where a regulated facility or activity is located or -conducted, or where records must be kept under the conditions of this permit; b. Have access to and copy, at reasonable times, any records that must be kept under the.conditions of this permit; c. Inspect at reasonable times any facilities, equipment (including monitoring and control equipment), practices, or operations regulated or required under this permit; and d. Sample or monitor at reasonable times, for the purposes of assuring permit compliance or as otherwise authorized by the CWA, any substances or parameters at any location [40 CFR 122.41(i)]. Section E Reporting Requirements 1. Change in Discharge All discharges authorized herein shall be consistent with the terms and conditions of this permit. The discharge of any pollutant identified in this permit more frequently than or at a level in excess of that authorized shall constitute a violation of the permit. 2. Planned Changes The Permittee shall give notice to the Director as soon as possible of any planned physical alterations or additions to the permitted facility [40 CFR 122.41(1)]. Notice is required only when: a. The alteration or addition to a permitted facility may meet one of the criteria for new sources at 40 CFR 122.29(b); or b. The alteration or addition could significantly change the nature or increase the quantity of pollutants discharged. This notification applies to pollutants subject neither to effluent limitations in the permit, nor to notification requirements under 40 CFR 122.42(a)(1); or c. The alteration or addition results in a significant change in the Permittee's sludge use or disposal practices, and such alteration, addition or change may justify the application of permit conditions that are different from or absent in the existing permit, including notification of additional use or disposal sites not reported during the permit application process or not reported pursuant to an approved land application plan. 3. Anticipated Noncompliance The Permittee shall give advance notice to the Director of any planned changes to the permitted facility or other activities that might result in noncompliance with the permit [40 CFR 122.41(1)(2)]. ' 4. Transfers This permit is not transferable to any person without prior written notice to and approval from the Director in accordance with 40 CFR 122.61. The Director may condition approval in accordance with NCGS 143-215.1, in particular NCGS 143-215. 1 (b)(4)b.2., and may require modification or revocation and reissuance of the permit, or a minor modification, to identify the new permittee and incorporate such other requirements as may be necessary under the CWA [40 CFR 122.41(1)(3), 122.611 or state statute. Version 1110912011 PDES Permit Standard Conditions Page 11 of 18 ring Reports 1VLUX11�U rM results shall be reported at the intervals specified elsewhere in this permit [40 CFR 122.41(1)(4)]. a. Monitoring results must be reported on a Discharge Monitoring Report (DMR) (See Part II.D.2) or forms provided by the Director for reporting results of monitoring of sludge use or disposal practices. b. If the Permittee monitors any pollutant more frequently than required by this permit using test procedures approved under 40 CFR Part 136 and at a sampling location specified in this permit or other appropriate instrument governing the discharge, the results of such monitoring shall be included in the calculation and reporting of the data submitted on the DMR. 6. Twenty-four Hour Reporting a. The Permittee shall report to the Director or the appropriate Regional Office any noncompliance that potentially threatens public health or the environment. Any information shall be provided orally within 24 hours from the time the Permittee became aware of the circumstances. A written submission shall also be provided within 5 days of the time the Permittee becomes aware of the circumstances. The written submission shall contain a description of the noncompliance, and its cause; the period of noncompliance, including exact dates and times, and if the noncompliance has not been corrected, the anticipated time it is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance [40 CFR 122.41(1)(6)]. b. The Director may waive the written report on a case -by -case basis for reports under this section if the oral report has been received within 24 hours. c. Occurrences outside normal business hours may also be reported to the Division's Emergency Response personnel at (800) 662-7956, (800) 858-0368 or (919) 733-3300. 7. Other Noncompliance The Permittee shall report all instances of noncompliance not reported under Part II.E.S and 6. of this permit at the time monitoring reports are submitted. The reports shall contain the information listed in Part II.E.6. of this permit [40 CFR 122.41(1)(7)]. 8. Other Information Where the Permittee becomes aware that it failed to submit any relevant facts in a permit application, or submitted incorrect information in a permit application or in any report to the Director, it shall promptly submit such facts or information [40 CFR 122.41(1)(8)]. 9. Noncompliance Notification The Permittee shall report by telephone to either the central office or the appropriate regional office of the Division as soon as possible, but in no case more than 24 hours or on the next working day following the occurrence or first knowledge of the occurrence of any of the following: a. Any occurrence at the water pollution control facility which results in the discharge of significant amounts of wastes which are abnormal in quantity or characteristic, such as the dumping of the contents of a sludge digester; the known passage of a slug of hazardous substance through the facility; or any other unusual circumstances. b. Any process unit failure, due to known or unknown reasons, that render the facility incapable of adequate wastewater treatment such as mechanical or electrical failures of pumps, aerators, compressors, etc. c. Any failure of a pumping station, sewer line, or treatment facility resulting in a by-pass without treatment of all or any portion of the influent to such station or facility. Persons reporting such occurrences by telephone shall also file a written report within 5 days following first knowledge of the occurrence. Also see reporting requirements for municipalities in Part IV.C.2.c. of this permit. 10. Availability of Reports Except for data determined to be confidential under NCGS 143-215.3 (a)(2) or Section 308 of the Federal Act, 33 USC 1318, all reports prepared in accordance with the terms shall be available for public inspection at the offices of the Division. As required by the Act, effluent data shall not be considered confidential. Knowingly making any false statement on any such report may result in the imposition of criminal penalties as provided for in NCGS 143- 215. 1 (b)(2) or in Section 309 of the Federal Act. Version 1110912011 11. 'DES Permit Standak P, Penalties for Falsification of Reports The CWA provides that any person who knowingly makes any false statement, representation, or certifi. a��.,u �.. any record or other document submitted or required to be maintained under this permit, including monitoring reports or reports of compliance or noncompliance shall, upon conviction, be punished by a fine of not more than $25,000 per violation, or by imprisonment for not more than two years per violation, or by both [40 CFR 122.41]. 12. Annual Performance Reports Permittees who own or operate facilities that collect or treat municipal or domestic waste shall provide an annual report to the Permit Issuing Authority and to the users/customers served by the Permittee (NCGS 143-215.1C). The report shall summarize the performance of the collection or treatment system, as well as the extent to which the facility was compliant with applicable Federal or State laws, regulations and rules pertaining to water quality. The report shall be provided no later than sixty days after the end of the calendar or fiscal year, depending upon which annual period is used for evaluation. The report shall be sent to: NC DENR / Division of Water Quality / Surface Water Protection Section ATTENTION: Central Files 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Version 1110912011 [PDES Permit Standard Conditions Page 13 of 18 PART III OTHER REQUIREMENTS Section A. Construction a. The Permittee shall not commence construction of wastewater treatment facilities, nor add to the plant's treatment capacity, nor change the treatment process(es) utilized at the treatment plant unless (1) the Division has issued an Authorization to Construct (AtC) permit or (2) the Permittee is exempted from such AtC permit requirements under Item b. of this Section. b. In accordance with NCGS 143-215.1(a5) [SL 2011-394], no permit shall be required to enter into a contract for the construction, installation, or alteration of any treatment work or disposal system or to construct, install, or alter any treatment works or disposal system within the State when the system's or work's principle function is to conduct, treat, equalize, neutralize, stabilize, recycle, or dispose of industrial waste or sewage from an industrial facility and the discharge of the industrial waste or sewage is authorized under a permit issued for the discharge of the industrial waste or sewage into the waters of the State. Notwithstanding the above, the permit issued for the discharge may be modified if required by federal regulation. c. Issuance of an AtC will not occur until Final Plans and Specifications for the proposed construction have been submitted by the Permittee and approved by the Division. Section B. Groundwater Monitoring The Permittee shall, upon written notice from the Director, conduct groundwater monitoring as may be required to determine the compliance of this NPDES permitted facility with the current groundwater standards. Section C. Changes in Discharges of Toxic Substances The Permittee shall notify the Permit Issuing Authority as soon as it knows or has reason to believe (40 CFR 122.42): a. That any activity has occurred or will occur which would result in the discharge, on a routine or frequent basis, of any toxic pollutant which is not limited in the permit, if that discharge will exceed the highest of the following "notification levels"; (1) One hundred micrograms per liter (100 µg/L); (2) Two hundred micrograms per liter (200 µg/L) for acrolein and acrylonitrile; five hundred micrograms per liter (500 µg/L) for 2,4-dinitrophenol and for 2-methyl-4,6-dinitrophenol; and one milligram per liter (1 mg/L) for antimony; (3) Five times the maximum concentration value reported for that pollutant in the permit application. b. That any activity has occurred or will occur which would result in any discharge, on a non -routine or infrequent basis, of a toxic pollutant which is not limited in the permit, if that discharge will exceed the highest of the following "notification levels"; (1) Five hundred micrograms per liter (500 µg/L); (2) One milligram per liter (1 mg/L) for antimony; (3) Ten times the maximum concentration value reported for that pollutant in the permit application. Section D. Facility Closure Requirements The Permittee must notify the Division at least 90 days prior to the closure of any wastewater treatment system covered by this permit. The Division may require specific measures during deactivation of the system to prevent adverse impacts to waters of the State. This permit cannot be rescinded while any activities requiring this permit continue at the permitted facility. Version 1110912011 'DES Permit Standarc R PART IV SPECIAL CONDITIONS FOR MUNICIPAL FACILITIES Section A. Definitions In addition to the definitions in Part II of this permit, the following definitions apply to municipal facilities: Indirect Discharge or Industrial User Any non -domestic source that discharges wastewater containing pollutants into a POTW regulated under section 307(b), (c) or (d) of the CWA. [40 CFR 403.3 (i) and 0) and 15A NCAC 02H .0903(b)(11)] Interference Inhibition or disruption of the POTW treatment processes; operations; or its sludge process, use, or disposal which causes or contributes to a violation of any requirement of the Permittee's (or any satellite POTW's if different from the Permittee) NPDES, collection system, or non -discharge permit or prevents sewage sludge use or disposal in compliance with specified applicable State and Federal statutes, regulations, or permits. [15A NCAC 02H .0903(b)(14)] Pass Through A discharge which exits the POTW into waters of the State in quantities or concentrations which, alone or with discharges from other sources, causes a violation, including an increase in the magnitude or duration of a violation, of the Permittee's (or any satellite POTW's, if different from the Permittee) NPDES, collection system, or non -discharge permit. [15A NCAC 02H .0903(b)(23)] Publicly Owned Treatment Works (POTW) A treatment works as defined by Section 212 of the CWA, which is owned by a State or local government organization. This definition includes any devices and systems used in the storage, treatment, recycling and reclamation of municipal sewage or industrial wastes of a liquid nature. It also includes the collection system, as defined in 15A NCAC 2T .0402, only if it conveys wastewater to a POTW treatment plant. The term also means the local government organization, or municipality, as defined in section 502(4) of the CWA, which has jurisdiction over indirect discharges to and the discharges from such a treatment works. In this context, the organization may be the owner of the POTW treatment plant or the owner of the collection system into which an indirect discharger discharges. This second type of POTW may be referred to as a "satellite POTW organization." [15A NCAC 02H .0903(b)(26)] "Significant Industrial User" or "SIU" An Industrial User that discharges wastewater into a publicly owned treatment works and that [15A NCAC 02H .0903(b)(33)1: 1. Discharges an average of 25,000 gallons per day or more of process wastewater to the POTW (excluding sanitary, noncontact cooling and boiler blowdown wastewaters); or 2. Contributes process wastewater which makes up five percent or more of the NPDES or non -discharge permitted flow limit or organic capacity of the POTW treatment plant. In this context, organic capacity refers to BOD, TSS and ammonia; or 3. Is subject to categorical standards under 40 CFR Part 403.6 and 40 CFR Parts 405-471; or 4. Is designated as such by the Permittee on the basis that the Industrial User has a reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirement, or the POTW's effluent limitations and conditions in its NPDES or non -discharge permit, or to limit the POTW's sludge disposal options; 5. Subject to approval under 15A NCAC 02H .0907(b), the Permittee may determine that an Industrial User meeting the criteria in paragraphs 1 or 2 of this definition above has no reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirement, the POTW's effluent limitations and conditions in its NPDES or non -discharge permit, or to limit the POTW's sludge disposal options, and thus is not a Significant Industrial User (SIU); or 6. Subject to approval under 15A NCAC 02H .0907(b), the Permittee may determine that an Industrial User meeting the criteria in paragraph 3 of this definition above meets the requirements of 40 CFR Part 403.3(v)(2) and thus is a non -significant categorical Industrial User. Section B. Publicly Owned Treatment Works (POTWs) Version 1110912011 MES Permit Standard Conditions Page 15 of 18 o must provide adequate notice to the Director of the following [40 CFR 122.42(b)]: 1. Any new introduction of pollutants into the POTW from an indirect discharger, regardless of the means of transport, which would be subject to section 301 or 306 of CWA if it were directly discharging those pollutants; and 2. Any substantial change in the volume or character of pollutants being introduced by an indirect discharger as influent to that POTW at the time of issuance of the permit. 3. For purposes of this paragraph, adequate notice shall include information on (1) the quality and quantity of effluent introduced into the POTW, and (2) any anticipated impact that may result from the change of the quantity or quality of effluent to be discharged from the POTW. Section C. Municipal Control of Pollutants from Industrial Users. 1. Effluent limitations are listed in Part I of this permit. Other pollutants attributable to inputs from Industrial Users discharging to the POTW may be present in the Permittee's discharge. At such time as sufficient information becomes available to establish limitations for such pollutants, this permit may be revised to specify effluent limitations for any or all of such other pollutants in accordance with best practicable technology or water quality standards. 2. Prohibited Discharges a. The Permittee shall develop and enforce their Pretreatment Program to implement the prohibition against the introduction of pollutants or discharges into the waste treatment system or waste collection system which cause or contribute to Pass Through or Interference as defined in 15A NCAC 02H .0900 and 40 CFR 403. [40 CFR 403.5(a)(1)] b. The Permittee shall develop and enforce their Pretreatment Program to implement the prohibitions against the ::introduction of the following wastes in the waste treatment or waste collection system [40 CFR 403.5(b)]: (1) Pollutants which create a fire or explosion hazard in the POTW, including, but not limited to, wastestreams with a closed cup flashpoint of less than 140 degrees Fahrenheit or 60 degrees Centigrade using the test methods specified in 40 CFR 261.21; ,(2) Pollutants which cause corrosive structural damage to the POTW, but in no case discharges with pH lower than 5."0, unless the works is specifically designed to accommodate such discharges; (3) Solid or viscous pollutants in amounts which cause obstruction to the flow in the POTW resulting in Interference; (4) Any pollutant, including oxygen demanding pollutants (BOD, etc.) released in a Discharge at a flow rate and/or pollutant concentration which will cause Interference with the POTW; (5) Heat in amounts which will inhibit biological activity in the POTW resulting in Interference, but in no case heat in such quantities that the temperature at the POTW Treatment Plant exceeds 40°C (104°F) unless the Division, upon request of the POTW, approves alternate temperature limits; (6) Petroleum oil, non -biodegradable cutting oil, or products of mineral oil origin in amounts that will cause Interference or Pass Through; (7) Pollutants which result in the presence of toxic gases, vapors, or fumes within the POTW in a quantity that may cause acute worker health and safety problems; or (8) Any trucked or hauled pollutants, except at discharge points designated by the POTW. c. The Permittee shall investigate the source of all discharges into the POTW, including slug loads and other unusual discharges, which have the potential to adversely impact the Permittee's Pretreatment Program and/or the operation of the POTW. The Permittee shall report such discharges into the POTW to the Director or the appropriate Regional Office. Any information shall be provided orally within 24 hours from the time the Permittee became aware of the circumstances. A written submission shall also be provided within 5 days of the time the Permittee becomes aware of the circumstances. The written submission shall contain a description of the discharge; the investigation into possible sources; the period of the discharge, including exact dates and times; if the discharge has not ceased, the anticipated time it is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance, Version 1110912011 4 'DES Permit Standard PE With regard to the effluent requirements listed in Part I of this permit, it may be necessary for the Permi supplement the requirements of the Federal Pretreatment Standards (40 CFR, Part 403) to ensure comp 1­. vy the Permittee with all applicable effluent limitations. Such actions by the Permittee may be necessary regarding some or all of the industries discharging to the municipal system. The Permittee shall require any Industrial User (IU) discharging to the POTW to meet Federal Pretreatment Standards developed under Section 307(b) of the Act as amended (which includes categorical standards and . specific local limits, best management practices and narrative requirements). Prior to accepting wastewater from any Significant Industrial User (SIU), the Permittee shall either develop and submit to the Division a new Pretreatment Program or, as necessary, a modification of an existing Pretreatment Program, for approval as required under section D below as well as 15A NCAC 02H .0907(a) and (b). [40 CFR 122.440)(2)] This permit shall be modified, or alternatively, revoked and reissued, to incorporate or modify an approved POTW Pretreatment Program or to include a compliance schedule for the development of a POTW Pretreatment Program as required under Section 402 (b)(8) of the CWA and implementing regulations or by the requirements of the approved State pretreatment program, as appropriate. Section D. Pretreatment Programs Under authority of sections 307 (b) and (c) and 402(b)(8) of the CWA and implementing regulations 40 CFR 403, North Carolina General Statute 143-215.3(14) and implementing regulations 15A NCAC 02H .0900, and in accordance with the approved pretreatment program, all provisions and regulations contained and referenced in the pretreatment program submittal are an enforceable part of this permit. [40 CFR 122.440)(2)] The Permittee shall operate its approved pretreatment program in accordance with Section 402(b)(8) of the CWA, 40 CFR 403, 15A NCAC 02H .0900, and the legal authorities, policies, procedures, and financial provisions contained in its pretreatment program submission and Division approved modifications thereof. Such operation shall include but is not limited to the implementation of the following conditions and requirements. Terms not defined in Part II or Part IV of this permit are as defined in 15A NCAC 02H .0903 and 40 CFR 403.3. 1. Sewer Use Ordinance (SUO) The Permittee shall maintain adequate legal authority to implement its approved pretreatment program. [15A NCAC 02H .0903(b)(32), .0905 and .0906(b)(1); 40 CFR 403.8(f)(1) and 403.9(b)(1) and (2)] 2. Industrial Waste Survey (IWS) The Permittee shall implement an IWS consisting of the survey of users of the POTW collection system or treatment plant, as required by 40 CFR 403.8(f)(2)(i-iii) and 15A NCAC 02H .0905 [also 40 CFR 122.440)(1)], including identification of all Industrial Users that may have an impact on the POTW and the character and amount of pollutants contributed to the POTW by these Industrial Users and identification of those Industrial Users meeting the definition of SIU. Where the Permittee accepts wastewater from one or more satellite POTWs, the IWS for the Permittee shall address all satellite POTW services areas, unless the pretreatment program in those satellite service areas is administered by a separate Permittee with an approved Pretreatment Program. The Permittee shall submit a summary of its IWS activities to the Division at least once every five years, and as required by the Division. The IWS submission shall include a summary of any investigations conducted under paragraph C.2.c. of this Part. [15A NCAC 02H .0903(b)(13), .0905 and .0906(b)(2); 40 CFR 403.8(f)(2) and 403.9] 3. Monitoring Plan The Permittee shall implement a Division -approved Monitoring Plan for the collection of facility specific data to be used in a wastewater treatment plant Headworks Analysis (HWA) for the development of specific pretreatment local limits. Effluent data from the Plan shall be reported on the DMRs (as required by Parts II.D and II.E.5.). [15A NCAC 02H .0903(b)(16), .0906(b)(3) and .0905] 4. Headworks Analysis (HWA) and Local Limits The Permittee shall obtain Division approval of a HWA at least once every five years, and as required by the Division. Within 180 days of the effective date of this permit (or any subsequent permit modification) the Permittee shall submit to the Division a written technical evaluation of the need to revise local limits (i.e., an updated HWA or documentation of why one is not needed) [40 CFR 122.44]. The Permittee shall develop, in accordance with 40 CFR 403.5(c) and 15A NCAC 02H .0909, specific Local Limits to implement the prohibitions listed in 40 CFR 403.5(a) and (b) and 15A NCAC 02H .0909. Pursuant to 40 CFR 403.5, local limits are Version 1110912011 1PDES Permit Standard Conditions Page 17 of 18 cable Pretreatment Standards as defined by 40 CFR 403.3(1). [15A NCAC 02H .0903(b)(10), .0905, and Industrial User Pretreatment Permits (IUP) & Allocation Tables In accordance with NCGS 143-215.1, the Permittee shall issue to all Significant Industrial Users, permits for operation of pretreatment equipment and discharge to the Permittee's collection system or treatment works. These permits shall contain limitations, sampling protocols, reporting requirements, appropriate standard and special conditions, and compliance schedules as necessary for the installation of treatment and control technologies to assure that their wastewater discharge will meet all applicable pretreatment standards and requirements. The Permittee shall maintain a current Allocation Table (AT) which summarizes the results of the HWA and the limits from all IUPs. Permitted IUP loadings for each parameter cannot exceed the treatment capacity of the POTW as determined by the HWA. [15A NCAC 02H .0906(b)(6), .0909, .0916, and .0917; 40 CFR 403.5, 403.8(f)(1)(iii); NCGS 143-215.67(a)] Authorization to Construct WC) The Permittee shall ensure that an Authorization to Construct permit (AtQ is issued to all applicable Industrial Users for the construction or modification of any pretreatment facility. Prior to the issuance of an AtC, the proposed pretreatment facility and treatment process must be evaluated for its capacity to comply with all Industrial User Pretreatment Permit (IUP) limitations. '[ 15A NCAC 02H .0906(b)(7) and .0905; NCGS 143- 215. 1 (a)(8)] 7. POTW Inspection & Monitoring of their IUs The Permittee shall conduct inspection, surveillance, and monitoring activities as described in its Division approved pretreatment program in order to determine, independent of information supplied by Industrial Users, compliance with applicable pretreatment standards. [15A NCAC 02H .0908(e); 40 CFR 403.8(f)(2)(v)] The Permittee must: a. Inspect all Significant Industrial Users (SIUs) at least once per calendar year; b. Sample all Significant Industrial Users (SIUs) at least once per calendar year for all SIU permit -limited parameters including flow except as allowed under 15A NCAC .0908(e); and c. At least once per year, document an evaluation of any non -significant categorical Industrial User for compliance with the requirements in 40 CFR 403.3 (v)(2), and either continue or revoke the designation as non- significant. 8. IU Self Monitoring and Reporting The Permittee shall require all Industrial Users to comply with the applicable monitoring and reporting requirements outlined in the Division -approved pretreatment program, the industry's pretreatment permit, or in 15A NCAC 02H .0908. [15A NCAC 02H .0906(b)(5) and .0905; 40 CFR 403.8(f)(1)(v) and (2)(iii); 40 CFR 122.440)(2) and 40 CFR 403.12] Enforcement Response Plan (ERP) The Permittee shall enforce and obtain appropriate remedies for violations of all pretreatment standards promulgated pursuant to section 307(b) and (c) of the CWA (40 CFR 405 et. seq.), prohibitive discharge standards as set forth in 40 CFR 403.5 and 15A NCAC 02H .0909, specific local limitations, and other pretreatment requirements. All remedies, enforcement actions and other, shall be consistent with the Enforcement Response Plan (ERP) approved by the Division. [15A NCAC 02H .0903 (b)(7),.0906(b)(8) and .0905; 40 CFR 403.8(f)(5)] 10. Pretreatment Annual Reports (PAR) The Permittee shall report to the Division in accordance with 15A NCAC 02H .0908. In lieu of submitting annual reports, Modified Pretreatment Programs developed under 15A NCAC02H .0904 (b) may be required to submit a partial annual report or to meet with Division personnel periodically to discuss enforcement of pretreatment requirements and other pretreatment implementation issues. For all other active pretreatment programs, the Permittee shall submit two copies of a Pretreatment Annual Report (PAR) describing its pretreatment activities over the previous calendar year to the Division at the following address: Version 1110912011 'DES Permit Standard Pai NC DENR / Division of Water Quality / Surface Water Protection Section Pretreatment, Emergency Response, and Collection Systems (PERCS) Unit 1617 Mail Service Center Raleigh, North Carolina 27699-1617 These reports shall be submitted by March 1 of each year and shall contain the following: a. Narrative A narrative summary detailing actions taken, or proposed, by the Permittee to correct significant non- compliance and to ensure compliance with pretreatment requirements; b. Pretreatment Program Summary (PPS) A pretreatment program summary (PPS) on forms or in a format provided by the Division; c. Significant Non -Compliance Report (SNCR) A list of Industrial Users (IUs) in significant noncompliance (SNC) with pretreatment requirements, and the nature of the violations on forms or in a format provided by the Division; d. Industrial Data Summary Forms (IDSF) Monitoring data from samples collected by both the POTW and the Significant Industrial Users (SIUs). These analytical results must be reported on Industrial Data Summary Forms (IDSF) or on other forms or in a format provided by the Division; e. Other Information Copies of the POTW's allocation table, new or modified enforcement compliance schedules, public notice of IUs in SNC, a summary of data or other information related to significant noncompliance determinations for IUs that are not considered SIUs, and any other information, upon request, which in the opinion of the Director is needed to determine compliance with the pretreatment implementation requirements of this permit; 11. Public Notice The Permittee shall publish annually a list of Industrial Users (IUs) that were in significant noncompliance (SNC) as defined in the Permittee's Division -approved Sewer Use Ordinance with applicable pretreatment requirements and standards during the previous twelve month period. This list shall be published within four months of the applicable twelve-month period. [15A NCAC 02H .0903(b)(34), .0908(b)(5) and .0905 and 40 CFR 403.8(f)(2)(viii)] 12. Record Keeping The Permittee shall retain for a minimum of three years records of monitoring activities and results, along with support information including general records, water quality records, and records of industrial impact on the POTW and shall retain all other Pretreatment Program records as required by 15A NCAC 02H .0908(f). [15A NCAC 02H .0908(f); 40 CFR 403.12(o)] 13. Pretreatment Program Resources The Permittee shall maintain adequate funding and qualified personnel to accomplish the objectives of its approved pretreatment program. and retain a written description of those current levels of inspection. [15A NCAC 02H .0906(b)(9) and (10) and .0905; 40 CFR 403.8(f)(3), 403.9(b)(3)] 14. Modification to Pretreatment Programs Modifications to the approved pretreatment program including but not limited to local limits modifications, POTW monitoring of their Significant Industrial Users (SIUs), and Monitoring Plan modifications, shall be considered a permit modification and shall be governed by 40 CFR 403.18, 15 NCAC 02H .0114 and 15A NCAC 02H .0907. Version 1110912011 NCDENR North Carolina Department of Environment and Natural` Resources Division of Water Quality Michael F. Easley, Governor William G Ross, Jr., Secretary Coleen`H. Sullins, Director October 8, 2007 Ms. Jeannie Stewart Fontana Village Resort P.O. Box 68 Fontana Dam, NC. 28733-0068 Subject: Issuance of NPDES Permit NCO023086 Fontana Village Resort WWTP Graham County Dear Ms. Stewart: Division personnel have reviewed and approved your application for renewal of the subject permit. Accordingly, we are forwarding the attached NPDES discharge permit. This per is issued pursuant to the requirements of North Carolina General Statute 143-215.1 and the Memorandum of Agreement between North Carolina and the U.S. Environmental Protection Agency dated May 9, 1994 (or as subsequently amended). This final permit includes no major changes from the draft permit sent to you on August 15, 2007. If any parts, measurement frequencies or sampling requirements contained in this permit are unacceptable to you, you have the right to an adjudicatory hearing upon written request within thirty (30) days following receipt of this letter. This request must be in the form of a written petition, conforming to Chapter 150B of the North Carolina General Statutes, and filed with the Office of Administrative Hearings (6714 Mail Service Center, Raleigh, North Carolina 27699-6714). Unless such demand is made, this decision shall be final and binding. Please note that this permit is not transferable except after notice to the Division. The Division may require modification or revocation and reissuance.of the permit. This permit does not affect the legal requirements to obtain other permits which may be required by the Division of Water Quality or permits required by the Division of Land Resources, the Coastal Area Management Act or any other Federal or Local governmental permit that may be required. If you have any questions concerning this permit, please contact Charles Weaver at telephone number (919) 733-5083, extension 511. Sincerely, —* 0c`ER" 1l V Coleen H. cc: Central Files sleRegional-i.Office/Surface' Water Rrotecton NPDES Unit 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 512 North Salisbury Street, Raleigh, North Carolina 27604 Phone: 919 733-5083 / FAX 919 733-0719 / Internet: wwwmwaterquality.org An Equal Opportunity/Affirmative Action Employer — 50% Recycled/10% Post Consumer Paper OCT 1 1 2007 S - WATEh QUALITY S f0 � n�l±I OFFICE OneC T... Y7 •i -� � r Tk ; Noah C arolina Natmally 4 Permit NCO023086 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY PERMIT TO DISCHARGE WASTEWATER UNDER THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM In compliance with the provision of North Carolina General Statute 143-215.1, other lawful standards and regulations Promulgated and adopted by the North Carolina Environmental Management Commission, and the Federal Water Pollution Control Act, as amended, Fontana Village Resort is. hereby authorized to discharge wastewater from a facility located at Fontana Village Resort WWTP NC Highway 28 near Fontana Village Graham County to receiving waters designated as.the Little Tennessee River in subbasin 04-04-02 of the Little Tennessee River Basin in accordance with effluent limitations, monitoring requirements, and other conditions set forth in Parts I, II,- III and IV hereof. This permit shall become effective November 1, 2007. This permit and authorization to discharge shall expire at midnight on October 31, 2012. Signed this day October 8, 2007. oleen H. Sullins, Director Division of Water Quality By Authority of the Environmental Management Commission Permit NCO023086 SUPPLEMENT TO PERMIT COVER SHEET All previous NPDES Permits issued to this facility, whether for operation or discharge are hereby revoked, and as of this issuance, any previously issued permit bearing this number is no longer effective. Therefore, the exclusive authority to operate and discharge from this facility arises under the permit conditions, requirements, terms, and provisions included herein. Fontana Village Resort is hereby authorized to: 1. Continue to operate an existing 0.3 MGD wastewater treatment facility with the following components: Bar screen ♦ Aeration ♦ Clarifier ♦ Sludge and skimmer returns ♦ Sludge digester ♦ Sludge drying beds ♦ Chlorine disinfection ♦ Standby power generator The facility is located at the Fontana Village Resort WV7I'P off NC Highway 28 near Fontana Village in Graham County. 2. Discharge from said treatment works at the location specified on the attached map into the Little Tennessee River, a class C-Trout stream in subbasin 04-04-02 of the Little Tennessee River Basin. Quad: Fontana Dam, N.C. N 0 0 0 2 3 0 8 6 Stream Class: C-Trout Subbasin:4g ,,§y-6`f-6;z-Fontana Village Resort WWTP Latitude: 35�26'47" Longitude: 83�49'02" Receiving Stream: Little Tennessee River Permit NCO023086 A. (L) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS During the period beginning on the effective date of this permit and lasting until expiration, the Permittee is authorized to discharge from outfall 001. Such discharges shall be limited and monitored by the Permittee as specified below: PARAMETER" Y ,< LIMITS' MONITORING �tEQUIREMENTS ,� 3• r+ "S ;.. � { s 5' k � � §z nxS "Z, Y � � - C � i i fi � -Y 's f i ":� �n � dM;: Monthly Dail Y Measurement Sample Type SampleLocation q Maximum #Frequency �. ° verage n Flow 0.3 MGD Continuous Recorder Influent or Effluent BOD, 5-day (20°C) 30.0 mg/L 45.0 mg/L Weekly Composite Effluent Total Suspended Solids 30.0 mg/L 45.0'mg/L Weekly Composite Effluent NH3 as N 2/Month Composite Effluent Fecal Coliform (geometric mean) Weekly Grab Effluent Total Residual Chlorines 17 Ng/L 2/Week Grab Effluent Temperature (°C) Weekly Grab Effluent Total Nitrogen Semi-annually Composite Effluent NO2+NO3+TKN Total Phosphorus Semi-annually Composite Effluent Oil and Grease 30.0 mg/L 60.0 mg/L 2/Month Grab Effluent MBAS Monthly Grab Effluent pH > 6.0 and < 9.0 standard units Weekly Grab Effluent Footnotes: 1. Limit and monitoring requirements apply only if chlorine is used for disinfection; otherwise, no monitoring is required. There shall be no discharge of floating solids or visible foam in other than trace amounts. 1,.� ��1w)))rccoruw /5I Cold Mrn1 ral. Pix9vh ,! L27 6749 1151 ED { � � 11v9vn Rd. \ Gep d336 Ni ' ,Crodle of A•re P esvy ' ■ in amcricu ■ ■ Lvuk for rng Gloss Mills River ' p„ OI _-:i 1. ` •P' Q' T 251 IP5i fj?3 Bur till J1 -' �\ c° / nartlsvllle �` C� �' SI;•C KSY �) Woodtiri m Fdulchlson FAica I` o m f o ® +eavervdle 197 ; t'- r slats minc. dunce i ■ Balhplocc alpunr \`Asheville Crua9y .tllchvll Hhn,,t 4 M Gardens 51. P4, Higher( 594 '1 668d EVJ Elcn olion ,� Ea slcrn Qn Ui5' '�Il PKWY CLOSED OURING WINTER 350 • Buslck 70 / 25A Nvo l mom'/: Black Mountain acc ssl Re-vnolds m �I BB 5 kyland 11\� ®1 \ Fairview Old Fort 'Gard nt �=_��-. 701 Gartlen Fletcher I..74A h4ns 9 Mo i WdB` Gaie y Ii. Museum Lexington, KY 84"00Ta —;l iE NOIiTI1 CARO LINA'S 1. 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Z F.1lle Edgent01117 ifi 1 '•% IG ' Linnllc Falls Globe IIr \`/i ' =`M Co.crns /a. 1421J (221 Ashford \—k�RenJcvpu, 1 " Hhlll P".odimn mac. Mrn. r 321i) EJuc sr. t �� \• Brc- n ran. l90 �: y •`` \ • 1a1 Tv6Rock COIl ells•lille Fatler5on Mm. krr. C: '-Lake ( tY r;c., S<ulr uoei•?. `Lu Jpmes 1 125 ,'son 5r FerB y,< •, r' [''• �O 'Nebo, Pk.l tJ V k �,«_l• non + i�a,1CS yAmir4- Kingsport Mor-sovrn Ta -Il Elnslpl 83`00' K11—ill. j-- Spnn�r Q6'T ca, B rts� IS ■ I. pG Slidln9 Gap Ro k' a ' • Pisuliloh Ctr. •' Wildc EJu 216 +BI2Vaf' N S"Y' 3 �1;,ii, chcrrylic r' Os Ilvey US 76 1-75 Hwy US 19 84"00' Dahlonega clevelantl 11 FO 74 VILLAGE. RESORT l Mrs. Carolyn Bryant NCDENR/DWQ/Pomt Service Branch 1617 Mail Service Center Raleigh, North Carolina 27699-1617 May 02, 2007 Fontana Village Resort is requesting permit renewal for the Sewer Plant. There have been no significant changes to the facility since the last permit issuance. Any biosolids generated by this facility will be pumped and hauled to the municipal treatment facility in Robbinsville (Graham County) or Bryson City (Swain County). Sincerely, Jeannie Stewart General Manager Fontana Village Resort Enclosures: NPDES APPLICATION -FORM D I Original-2 Copies FONTANA VILLAGE RESORT P.O. BOX 68 • HWY. 28 • FONTANA DAM, NC 28733 TELE. 800.849.2258 • FAX 8828 NT209 - F LA E COMFONTANAVILLAC.E.COM WO APDRS APPLICATICIIT Fold For privately owned treatment systems treating 100% domestic wastewaters <1.0 MGD Mail the complete appNcatibn to: N. p. Department of Environment and Natural Resources Division of Water Quality / NPDES Unit 1617 Mail Sctvice Center, Rdeighl NC 27699-1617 NPDES Permit COS z 3 0 df you are completing this form in computer use the TAB key or the up - down arrows to moyetr m one field to the next. To check the boxes, click your mouse on top of the box. Otherwise, please print p@• 1. Contact information: Owner Name Ln ki T R �S t? t` i-' - Facility Name ,�` ,� `av LA � l�-4 _,e, ie,,� 0 C Mailing Address -i' City State / Zip Code Telephone Number - Fax Number e-mail Address J S {. ;� 3\ �ac p c4 ✓►n 2. Location of facility producing discharge: Check here if same address as above ❑ Street Address or State Road yet City a-D,rn State / Zip Code ti b -at 7 3 County, 67r� k>--, l—n 3. Operator Information: Name of the firm, public organization or other entity that operates the facility. (Note that this is not referring to the Operator in Responsible Charge or ORQ Name _ -(Syti � �T �� Lg, -e- Mailing Address �r jg G-4 City _1� tly✓>e.� i� ►'Y\ - State / Zip Code a! `3 3 Telephone Number () Z 2 Fax Number (�i~) �{ g - 2.3 y 1 of 2 • JPDE S APPLICATION - FORI For privately owned treatment systems treating 1000/6 domestic wastewaters <1.0 MGD 4. Description of wastewater. .Facility Generating Wastewater(check all that apply): Industrial ❑ Commercial Residential ❑ School ❑ Other Number of Employees Number of Employees Number of domes Number of Students/ Staff Explain: _5E�U Rasp f-T Describe the source s) of wastewater (example: subdivision, mobile home park, shopping centers, restaurants, etc.): Keb@ � a i��v cv� /Yl D � 1 �t' S C_N,�0� 6 a--Ce-51 pa+!Sj A . Population served: ,L 0 OQ 5. Type of collection system •�] Separate (sanitary sewer only) ❑ Combined (storm sewer and sanitary sewer) 6. Autfali information: Number of separate discharge points Outfall Identification number(s) Is the outfall equipped with a dif mor? ❑ Yes gNo 7. Name of receiving stream(s) (Provide a reap showing the exact location of each outfallr S. Frequency of Discharge: M Continuous ❑ Intermittent If intermittent: Days per week discharge occurs: Duration: i` •h 9. Describe the treatment -system List all installed components, including capacities, provide design removal for BOD, TSS, nitrogen and phosphorus. If the space provided is not sufficient, attach the description of the treatment system in a separate sheet of paper. 2of2 Form-D 4105 jpDFS AppLICATION - FORM For privately owned treatment systems treating 100% domestic wastewaters <1.0 MGD 10. Flow Information: Treatment Plant Design flow 0 3 a 0 XGD Annual Average daily now _ l Z 2—MGD (for the previous 3 years) Maximum daily flow r MGD (for the previous 3 years) 11. Is this facility located on Indian country? No --� El Yes 12. Effluent Data Provide data for the parameters listed. Fecal Coliform, Temperature and pH shall be grab samples, for all other parameters 24-hour composite sampling shall be used If more than one analysis is reported, report daily -maximum and monthly average. If only one analysis is reported, report as daily maximum. Parameter Dally Mazimunt Monty Avezage IIts of . ffieasarement Biochemical Oxygen Demand (BODs) 3 3 `7 t 2 L Fecal Coliform 2q Q© 010 3 2 5 (v )00 f n 2— Total Suspended Solids �, ti' SF 1 L Temperature (Summer) .� 3 e (O . 2'Q - b e G Temperature (Winter) 17 , 1 o C 13. List all permits, construction approvals and/or applications: Type Permit Number Type Hazardous Waste (RCRA) NESHAPS (CAA) UIC (SDWA) Ocean Dumping (MPRSA) NPDESC 2:; Dredge or fill (Section 404 or CWA) PSD (CAA) Other Non -attainment program (CAA) 14. APPLICANT CERTIFICATION Permit Number I certify that I am familiar witty the information contained in the application and that .0 the best of my knowledge and belief such information is true, complete, and accurate. Printed name of Person Signing Title Signaum6 of Applicant Date North Carolina General Statute 143-215.6 (b)(2) states: Any person who knowingly makes any false statement representation, or certification in any application, record, report, plan, or other document files or required to -be maintained under Article 21 or regulations of the Environmental Management Commission implementing that Article, or who falsifies, tampers with, or knowly renders inaccurate any recording or monitoring device or method required to be operated or maintained under_ Article 21 or regulations of the Environmental Management Commission implementing that.Articie, 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 10,01 provides a punishment by a fine of not more than $25,000 or imprisonment not more than 5 years, or both; for a similar offense.) 3 of 3 Form-D 4105 Water Pollut-,-_- Control System Operator DesiS,,,-tion Form WPCSOCC NCAC 15A 8G .0201 Permittee Owner/Officer Name: _)e a ti 1'1 1 st. ? t,,_� (� Mailing Address: JU 0 LA J S rr - �j O Y (p 0 City: 102L banfl. State: _kL Zip:o'�J7 33 Phone #;a� Email address: • PCt R f1 l 2. 4f-W � � +M-�brAana lQae - cm-r► Signature: Date: rl() 1 L +-+l Facility Name: SUBMIT A SEPARATE FORM FOR EACH TYPE Facility Type/Grade: / Biological WWTPy Surface Irrigation Physical/Chemical Land Application Collection System Operator in Responsible Charge (ORC) Print Full Name: 011 n i e � D? 11 A 1 S P, (E I- i D ` OCT 15 2012 I 1 ...... VJi1 i � '��.;,T. SECTION ASHEVIL.LE REGICf'AL C-i=ICE Certificate Type / Grade / Number: WOJr.* qR ? 9 ad Work Phone #: (f) .qag - � a { 1 Signature: jlJa do_AdA(a �Te Date: i "I certify that I agree to my designation as the Operator in Responsible Charge for the facility noted. I understand and will abide by the rules and regulations pertaining to the responsibilities of the ORC as set forth in 15A NCAC 08G ,0204 and failing to do so can result in Disciplinary Actions by the Water Pollution Control System Operators Certification Commission." ............................................................................................................................................... Back -Up Operator in Responsible Charge (BU ORC) Print Full Name: J1P Certificate Type / Grade / Number: L OLI -7g Work Phone #: ( Signature: Date: Date: D "I certify that I agree to my designation as a Back-up Operator in Responsible Charge for the facility noted. I understand and will abide by the rules and regulations pertaining to the responsibilities of the BU ORC as set forth in 15A NCAC 08G .0205 and failing to do so can result in Disciplinary Actions by the Water Pollution Control System Operators Certification Commission." ...................................................................................................................... Mail or fax the original to: WPCSOCC, 1618 Mail Service Center, Raleigh, NC 27699-1618 Fax: 919.807.6492 Mail or fax a copy to the Asheville Fayetteville Mooresville Raleigh appropriate Regional Offlee: 2090 us H-,vy 70 225 Green St 610 E Center Ave 3800 Barrett Dr Swannanoa 28778 Suite 714 Suite 301 Raleigh 27609 Fax: 828.299.7043 Fayetteville 28301-5043 Mooresville 28115 Fax: 919.571.4718 Phone:828.296.4500 Fax:910.486.0707 Fax:704.663.6040 Phone:919.791.4200 Phone:910.433.3300 Phone:704.663.1699 Washington Wilmington Winston-Salem 943 Washington Sq Mall 127 Cardinal Dr 585 Waughtown St Washington 27889 Wilmington 28405-2845 Winston-Salem 27107 Fax:252.946.9215 Fax:910.350.2018 Fax:336.771.4631 Phone:252.946.6481 Phone:910.796.7215 Phone:336.771.5000 Revised 10-2012 U-Zb ' 06 1'L : L�j IIHJVJ-NU.UtI4ti t5i t5-Gy7-1 nits Ueio r-urltw f Water _Pollution Control System Operator Designation Form WPCSOCC: NCA r .SSA 5�.,�Z01 i perm*r.,N.me x fitter Name: i7 fa R S Maii0 City:State, Zip: a 9'733 - Phone �_ (928) 'f 9 £T-�aa I v Q� Date: / D ?Sign�� —...„.................. ......................•--................................::::::::::::.:.............-................ yf \PEFE alb' ASV' fE�14 1.S1Jd� A-SiEiQAlhA7F>E-l�'E3�lVi- � r fI Facili ._ Type & Grade: --u t GradGrade 1 L Bi614gical WWT.P _yigadon NIA AUG - 5 2008 j Ph siGaUChenucal 1 ation NIA t� ,� Co'llection System L_._ _._.�_._ SE VJ.4TER Clii�LITY SC-CTION ......................................... 4peator in Respal�sible Charge {Print Frill Namt: ` — Cerd ate Type ! de I Namber. �V W-9- 9 916 k 0 Work one #: ($Z�l } Lf 9 �' - 07 /4 % i � p SIIlSpIt Da 4 -I ccrti#y that I agree to my designation as the Operator in Rcsponsible Charge for the Ifpeility noted. i u dm=d and will abide by The rules acid regulations pertaining to the Iesponsibilities of the ORC as sot forth in 15A NCAC 080 .0244 an ilin$ Tti do sa can result in Disoipflinary Actions"by the Water pollution Control -System -Operator& Certification- Commission," 3Back4jp Operator in Responsible Charge (RU ORQ Print !Ful) Name: Certit irate Type ! Crrade I Number: 9 qd % Warr Pht� * 9-?8 1% 9 9- 0`3 / '9 SIgIlt�illre: �^�r�� Date: / O E "I cerrjfy that 1 ag= ro my.'dcsignation.as a Back-up Operator in Responsible Charge for The fscility noted. I understand and will abide by the Mli-g and regulations pertaining to the responsibilities of the 13U ORC as W forth in 15A NCAC 080.0205 and failing to do so can result xin Disciplinary Actions by tht: Water Pollution Control System Operators Ccrtif cAtiAa Commission." 1F 1 or Fax to: WP_CSUCC 1618 Mail Service Center Raleigh, NC 27699.1618 Pant 9191733-1338 ('y4-. noxt pa&C for designs[ion of additional back -UP opelmen. Designation of mom than one back-up.operator is opdorrQl.] � Revised 1-2008 Rob Hardy, Mayor Sarah Houston, Mayor Pro Tern Jordon Hedrick Tracy Williams Zelerie Rogers, Administrator/Clerk Town of Fontana Dam May 15, 2019 Beverly Price Water Quality Reginal Operations Section Asheville Regional Office Division of Water Resources, NCDEQ SUBJECT: NOTICE OF VIOLATION Tracking Number: NOV-2019-PC-0281 Permit No. NCO023086 Town of Fontana Dam WWTP Greetings Ms. Price, 4, Dmsian cr Vdaier Resources - ' , MAY 2 4 2019: Water Ouaf%r F�eafon�f OAerattons ,.r PO Box 128 Fontana Dam, NC 28733 828.498.2107 The Town received your letter regarding the inspection of our wastewater treatment plant in April. There were several areas of violations and concerns you mentioned that we have since addressed that I would like to share with you. The first concerns record keeping with operations and maintenance. As I'm sure you noticed, the plant is undergoing significant remodeling which we hope will be completed by July. While that is no excuse for haphazard record keeping, I assure you there will be properly documented maintenance logs as we move forward. We have put in a change order to the state to see if they will allow us to use the grant funds to purchase a new composite sampler. It will be flow proportional, have a new fridge and thermometer as well as new tubing. We are also working on getting the diffusers fixed. If the company that is doing the upgrades to the plant can't do them, there is another company that has been used in the past that we can contact. This is something we are also trying to get done through the grant. The chart recorder is working well, we have new pens for it, and it is being changed each week. We have also cleaned the weirs on the number 2 clarifier as well as the outfall. The town has taken over the mowing at the WWP and water plant. This means the pathway to the discharge is being mowed on a regular basis. The town has previously looked for the infiltration and inflow, several times in fact. We have done smoke tests and manhole inspections, and it was determined the overall I/I quantity is likely the result of many small I/I sources along the aged collection system at pipe joints and service connections. Many of these service connections were abandoned many years ago and there are no accurate maps of the system. However, the town continues to seek out problem areas and correct them as needed, or as can be found. We appreciate the feedback and comments you provided us, and we have done everything possible to correct the items mentioned in your letter. Thank you for your time. Sincerely, Zelerie Rogers Town Administrator Town of Fontana Dam 828-498-2107 Fontana Village Resort P.O. Box 68 Fontana Dam NC, 28733 April 8th, 2015. G. Landon Davidson, FONTANA VILLAGE RESORT P.G. Regional Supervisor Water Quality Regional Operations; NCDENR Asheville Regional Office Dear Mr. Davidson, I am writing in response to the letter we received from your office dated March 31,2015 subject Notice of Violation for Sept.8th 2014. September of last year was a very difficult time for me, I was out for almost the entire month due to emergency gallbladder surgery. I went into surgery on August 20th and wasn't allowed to return to work until September 25th, When I came back I didn't catch the daily maximum excedence for September 8th;, for this I do apologize. The sampler lines had been clogged with algae and were replaced. The following sample on September 15th was a little over 12 mg/1; well within the daily limit value. Thank you for bringing this oversight to my attention, I appreciate anything you can inform me of to help me become an overall better operator. Sincerely, � a, J, 12a Daniel Pilkington, ORC Fontana Village WWTP FONTANA VILLAGE RESORT P.O. BOX 6 8• HWY 2 8• FONTANA DAM, NC 28733 TELE. 800.849.2258 • FAX 828.498.2209 • FONTANA@FONTANAVILLAC.E.COM W W W.FONTANAVI LLArAE.COM AZ4J NC®ENR f _ - r_ North Carolina Department of Environment and Natural Resources Pat McCrory Governor Ms. Jean Stewart Fontana Village Inc. P.O. Box 68 Fontana Dam, North Carolina 28733-0068 Dear Ms. Stewart: Donald R. van der Vaart Secretary March 31, 2015 Subject: NOTICE OF VIOLATION NOV-2015-LV-0217 Permit No. NCO023086 Peppertree Fontana Village WWTP Graham County A review of Peppertree Fontana Village's WWTP monitoring report for September 2014 showed the following violation: Parameter Date Limit Value Reported Value Limit Type Solids, Total Suspended - Concentration 09/08/2014 45.00 mg/I 63.00 mg/I Daily Maximum Exceeded It was also noted that the Compliance box on the back of the DMR was marked "Compliant" when in fact it should have been marked "Non -Compliant" with an explanation for the non-compliance. Remedial actions should be taken to correct this problem. The Division of Water Resources may pursue enforcement action for this and any additional violations of State law. If you should have any questions, please do not hesitate to contact Janet Cantwell or me at 828/296-4500. o-: WQ A�sheviile Files SC 617-Central Files -Basement Daniel Pilkington/ ORC E F�>l— G. Landon avid n, P.G., Regional Supervisor Water Qualit egional Operations, NCDENR Asheville Regional Office G:\WR\WQ\Graham\VJastewater\Minors\Fontana Village Resort 23086\NOV-2015-LV-0217.doc Water Quality Regional Operations —Asheville Regional Office 2090 U.S. Highway 70, Swannanoa, North Carolina 28778 Phone: (828) 296.4500 Fax: (828) 299-7043 Internet: hftp://portal.ncdenr.org/web/wq An Equal Opportunity/ Affirmative Action Employer Pat McCrory Governor 14WENK North Carolina Department of Environment and Natural Resources Division of Water Quality Thomas A. Reeder John E. Skvarla, III Acting Director Secretary July 9, 2013 Jean Stewart Fontana Village Inc PO Box 68 Fontana Dam NC 28733-0068 SUBJECT: Compliance Evaluation Inspection Peppertree Fontana Village Permit No: NCO023086 Graham County Dear Mrs. Stewart: Enclosed please find a copy of the Compliance Evaluation Inspection conducted on June 6, 2013. Parts of the waste water plant may be beyond their useful life expectancy and are at risk of total failure. The owners of this system need to take action to insure that this waste water system is properly maintained and operated to provide adequate treatment at all times. Currently a master plan is being engineered for the Town's approval which will outline sewer priorities so that the Town can take measures to address these issues. The plan will outline the repairs which need to be made to both the collection system and the waste water plant. Please refer to the enclosed inspection report for additional observations and comments. If you or your staff has any questions, please call me at 828-296-4500. Sincerely, 4 Jeff Menzel Environmental Specialist Enclosure cc: Central Files Ashevil'I:e7Fil s _== SURFACE WATER PROTECTION —ASHEVILLE REGIONAL OFFICE Location: 2090 U.S. Highway 70, Swannanoa, NC 28778 Phone: (828) 296-4500\FAX: 828 299-7043 Internet: www.ncwaterauality.om S:\SWP\Graham\Wastewater\Minors\Fontana Village Resort 23086\23086 CEI 2013.doc NorthCarolina ;Vaturatl'm United States Environmental Protection Agency Form Approved. Washington, D.C. 20460 EPA OMB No. 2040-0057 Approval expires 8-31-98 Section A: National Data System Coding (i.e., PCS) Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type 1 INI 2 5I 31 NCO023086 111 121 13/06/06 117 181 CI 19I S I 20I I J Remarks 21111111111111111111111111111111111111111111111116 Inspection Work Days Facility Self -Monitoring Evaluation Rating B1 QA ---------- ------- Reserved---------------- 67 I 169 701 I 71 I I 721 N I 73 LU 74 751 I I I I I I 180 Section B: Facility Data Name and Location of Facility Inspected (For Industrial Users discharging to POTW, also include Entry Time/Date Permit Effective Date POTW name and NPDES permit Number) 11:30 AM 13/06/06 12/11/01 Peppertree Fontana Village Exit Time/Date Permit Expiration Date Fontana Village Resort Fontana Dam NC 28733 01:00 PM 13/06/06 17/10/31 Name(s) of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data Name, Address of Responsible Officialrritle/Phone and Fax Number Contacted Jean Stewart,PO Box 68 Fontana Dam NC 287330068//828-498-2211/8284982345 Yes Section C: Areas Evaluated During Inspection (Check only those areas evaluated) Operations & Maintenance N Other, Section D: Summary of Finding/Comments Attach additional sheets of narrative and checklists as necessary) (See attachment summary) Name(s) and Signature(s) of Insp ctor(s) Agency/Office/Phone and Fax Numbers Date Jeff Menzel ARO WQ//828-296-4500/ 61 Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date EPA Form 3560-3 (Rev 9-94) Previous editions are obsolete. Page # 1 NPDES yr/mo/day Inspection Type << 3 I NC0023086 111 12, 13/06/06 1 1' 18I C Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary) At the time of inspection only one of three blower motors was operable and a second blower motor was slated for repairs the following week. Several leaks in the air lines were also noted during this inspection. Considering the plant's state of disrepair the operator is doing a good job of keeping the facility in compliance with effluent limits, his hard work is appreciated. Other issues observed during the inspection which have been noted in previous inspection reports are as follows; The digester is offline and appears to have been inoperable for many years. This piece of equipment is critical for sludge handling. The facility has 2 clarifiers; only one clarifier is operable, further crippling this facility. At the time of inspection there appeared to be a large volume of clear water (non -waste water) coming into the plant. It is suspected that there is a substantial amount of infiltration entering the collection system. Parts of the waste water plant may be beyond their useful life expectancy and are at risk of total failure. The owners of this system need to take action to insure that this waste water system is properly maintained and operated to provide adequate treatment at all times. Currently a master plan is being engineered for the Town's approval which will outline sewer priorities so that the Town can take measures to address these issues. The plan will outline the repairs which need to be made to both the collection system and the waste water plant. Page # 2 Permit: NCO023086 n Date: 06/06/2013 Other Comment: Is the plant generally clean with acceptable housekeeping? Owner - Facility: Peppertree Fontana Village Inspection Type: Compliance Evaluation Yes No NA NE Does the facility analyze process control parameters, for ex: MLSS, MCRT, Settleable Solids, pH, DO, Sludge ■ rl n fl Judge, and other that are applicable? Comment: Parts of the waste water plant may be beyond their useful life expectancy and are at risk of total failure. The owners of this system need to take action to insure that this waste water system is properly maintained and operated to provide adequate treatment at all times. Page # 3 M7 2,,V 0,�y I sm rji- a LA, YNP J-a�j -47, 12 L-717 0 LW '-peg f A NCDENR North Carolina Department of Environment and Natural Resources Division.of Water Quality Beverly Eaves Perdue Charles Wakild, P.E. Governor Ms. Jeannie Stewart Fontana Village Inc. P.O. Box 68 Fontana Dam, North Carolina 28733-0068 Dear Ms. Stewart: Director November 16, 2012 ["1 -7 F'LE C PY Dee Freeman Secretary Subject: NOTICE OF VIOLATION NOD-2012-MV-0077 Permit No. NCO023086 Peppertree Fontana Village WWTP Graham County A review of Peppertree Fontana Village's WWTP monitoring report for July 2012 showed the following violation: Date Measuring Violation Parameter Frequency Flow, in conduit or thru treatment 07/19/2012 Continuous Failure to Monitor plant It was also noted that the Compliance box on the back of the DMR was marked "Compliant" when in fact it should have been marked "Non -Compliant" with an explanation for the non-compliance. If the above parameter was left off inadvertently, please send an amended DMR within 10 business days of receipt of this letter to Raleigh at the address found on the front page of your DMR and also a copy to this office. Remedial actions should be taken to correct this problem. The Division of Water Quality may pursue enforcement action for this and any additional violations of State law. If you should have any questions, please do not hesitate to contact Janet Cantwell or me at 828/296-4600. e: DWQ Ashevi,ll File DWQ Central Files Lamar Williams/ ORC Sincerely, �l (f - Chuck Cranford, Regional Supervisor Surface Water Protection Section S:\SWP\Graham\Wastewater\Minors\Fontana Village Resort 23086\NOD-2012-MV-0077.doc NorthCarolina Ivaturallry North Carolina Division of Water Quality 2090 U.S. Highway 70 Swannanoa, N.C. 28778 Phone(828)296-4500 Internet: www.newaterguality.org FAX (828)299-7043 } o � gM�y �utpUNtAihi bg57lny�GZ FONTANA VILIAGE RESORT HIGHWAY 28 NOXM.. ' P.O. BOX fib FONTANA AAM, NOM Ckpoj.INA 28733 W W W Fo"Mt%NAVLL AGB.COM X.ODGP * CABINS I CAMPING FOOn &. SPIMS SHOPPING ' OUTFIMP, M,ARjfgA, WATERCRAFT REND CHAPMR TISHING s HIIQNG HOROM Cr,JU aING * DISC GOLF WHrrEW.ATMx RAMNG CONTACT ,NUMBERS: TELE , 828.498.2211 TOLL ME ► 800.849.2258 E,AX M 828.4,98.2345 CONTACT .NUMBERS: ni-t > 828.498.2211 TOLL FUE * 800,84E9.2238 'FAx • 828.498.2345 FAX COVER SHEET c -m NUM DER Of PAGES (INCL. COVER SI4.EET): NOTES: nl Water Pollution Control System operator. Designation Form W>PCSOCC NCAC. I5A 8G .0Z01 Permittee OwnerlOfiSicer Name: Mailing Address: 01 City: State: ,L� Zip X2, 7 Email address:, A sfo C>Y,. (0 � �v tlaal� �c.arn u Signature. Date: C It . .. Y.}.. Y...n AAA n. .•--•��••.............................Y.Y................•r...•.••••.•................................. 4........... Facility Name: Permit ##t SUBMIT A SEPARATE FORM FOR EACH 'TYPE SYSTEM! 1Fk0lity %'yne/Grade: Biological WWTP Surface Irrigation Physical/Chemica). Land Application Collection System . r n..n.... n. 11.......... ...... A............ 1.... 4......................... .... 11.1...n n.n r•r.r••.•r... •...... •a..... .... Operator in Responsible Charge (ORC) PrintFull Name -'I Is 'P+ Certificate Type / Grade /Number: G)[' qq.q gQr Warlc Phanc: Signature:-.a+J.c(._ _ Date: mot,. - - -- "I certify that I agroe 10 my designation as the Operator in Responsible Charge for the facility noted. I understand and will abide by the rules and regulations peiiaining to the responsibilities of the ORC as set forth in, 15A NCAC 08G .0204 and failing to do so can resultin Disciplinary Actions by the Water Pollution Cortmi System Operators Car ification Commission." ..........nn.n.e.nn..n...... n.n............. I ................... ......Ann.AAA.n................................................ 44........ 4...... Back -Up Operator in Responsible Charge (BU ORC) Print: Full Name; E ver'c-ff �iI)'?�l•t)r�d�n5 J,e Y Certificate "type / Gracie / Number: _GLOM i 3H 7 Work Phone #: �)_���r� � /3 off, Signature:_� 'a' . �w }date: "I certify that I Agree to my designation as a Bade -up Operator in Responsible Charge for the facility noted_ i understand and will abide by tbo rules and regulations }pertaining to the responsibilities of the BTJ ORC its set forth in 15A NCAC 08G .0205 and failing_ to do so on result in Disciplinary Actions by the Waxer Pollution Control System Operators Certifioetion Commission." .. ... ............ ............. ........................... ....n... II, ............... n.......................... n................ APA1............... Hall orfav the original to; WFCSOCC, 161E .MR11 Service Center, Raleigh, NC, 27699-161.8 Fax: 919.807.6492 April or fax a copy to the ARhoville Fayetteville Mooresville Raleigh appropriate Regional Q(f,"ce: 2090 US ITwy 70 225 Careen St 6101g Center Ave 3800 Barrett ]fir Swannanoa 28778 Suite 714 Suite 301 Raleigh 27609 11828.299.7043 Fayetteville 28301.5043 Mooresville 281.15 Fax: 919 MIA71.8 Phone, 828.296.4500 Fax: 910.486.0707 Fax: 704.663.6040 PMonc:919.79i.4200 Phone:910.433,3300 Phone:704.663.1699 Washington Wilmington Winston-$nlem 943 Washington Sq Mail 127 Cardit)o) Dr 585 Waughtown St Washington 27889 wilmlogton 28405-2845 Winston-Salem 27107 Fax:252.946.9215 ,Fax:910.350.2018 Fax:336,771.4631 Phone:2.52,946,0481 .Phone:910.796.7215 Phono:336.771,.5000 Revised 10-2012 FONTANA VILLAGE RESORT Mrs. Dina Sprinkle NC DENR / DWQ / Point Source Branch 1617 Mail Service Center Raleigh, NC 27699-1617 April 30, 2012 Fontana Village Resort is requesting permit renewal for the Sewer Plant. There have been no significant changes to the facility since the last permit issuance. Any biosolids generated by this facility will be pumped and hauled to the municipal treatment facility in Robbinsville (Graham County) or Bryson City (Swain County) or Cherokee Reservation. Sincerely, >' Jeannie Stewart General Manager Fontana Village Resort Enclosures: NPDES Application -Form D 1 Original-2 Copies FONTANAVILLAGE RESORT P.O. Box 68 • Hwy. 28 • Fontana Dam, NC 28733 Tele. 800.849.2258 • Fax 828.498.2209 • info@tontanavillage.com www.fontanavillage.com 11 WATER QUALITY SECTION ASHEVILLE R=^iCNAL OFFICE 1 NPDES APPLICATION - FORM D ed treatment systems treating 100% domestic wastewaters <1.0 MGD Mail the complete application to: N. C. DENR / Division of Water Quality / NPDES Unit 1617 Mail Service Center, Raleigh, NC 27699-1617 NPDES Permit C 0023086 If you are completing this form in computer use the TAB key or the up - down arrows to move from one field to the next. To check the boxes, click your mouse on top of the box. Otherwise, please print or type. 1. Contact Information: Owner Name Fontana Village, Inc. Facility Name Fontana Village Resort WWTP Mailing Address PO Box 68 City Fontana Dam State / Zip Code NC 28733 Telephone Number 828-498-2211 Fax Number 828-498-2345 e-mail Address Jeannie. stewart@fontanavillage.com 2. Location of facility producing discharge: Check here if same address as above ❑ Street Address or State Road NC 28 near Fontana Village Resort City Fontana Dam State / Zip Code 28733 County Graham 3. Operator Information: Name of the firm, public organization or other entity that operates the facility. (Note that this is not referring to the Operator in Responsible Charge or ORC) Name Fontana Village, Inc. Mailing Address PO Box 68 n City Fontana Dam - State / Zip Code NC 28733 MAY - S 2012 Telephone Number (828-498-2211) Fax Number 828-498-2345Oi�1T 1 of 4 Form-D 05/08 NPDES APPLICATION - FORM D ely owned treatment systems treating 100% domestic wastewaters <1.0 MGD 4. Description of wastewater: Facility Generating Wastewater(check all that apply): Industrial ❑ Number of Employees Commercial X Number of Employees 40 to 150 Residential X Number of Homes 15 School ❑ Number of Students/Staff Other X Explain: Resort Describe the source(s) of wastewater (example: subdivision, mobile home park, shopping centers, restaurants, etc.): Resort Area with Hotel, Cabin Rentals, Marina, Administrative Offices, Restaurants, Service Station, General Store and Gift Shops, Post Office, Frontier Office/Station and Tennessee Valley Authority Visitors Center and Dam. Population served: 1000 S. Type of collection system X Separate (sanitary sewer only) ❑ Combined (storm sewer and sanitary sewer) 6. Outfall Information: Number of separate discharge points 1 Outfall Identification number(s) 001 Is the outfall equipped with a diffuser? ❑ Yes X No 7. Name of receiving stream(s) (Provide a map showing the exact location of each outfallp. Little Tennessee River S. Frequency of Discharge: X Continuous ❑ Intermittent If intermittent: Days per week discharge occurs: 7 Duration: 24 Hours 9. Describe the treatment system List all installed components, including capacities, provide design removal for BOD, TSS, nitrogen and phosphorus. If the space provided is not sufficient, attach the description of the treatment system in a separate sheet of paper. Bar Screen, Aeration Basins, Clarifier, Sludge and Skimmer Returns, Aerobic Digester, Sludge Drying Beds, Standby Power Generator. Design Removal: BOD=85% TSS=85% Nitrogen=N/A Phosphorus=N/A 2of4 Form-D 05/08 3of4 NPDES APPLICATION - FORM D For privately owned treatment systems treating 100% domestic wastewaters <1.0 MGD Form-D 05/08 NPDES APPLICATION - FORM D reatment systems treating 100% domestic wastewaters <1.0 MGD 10. Flow Information: Treatment Plant Design flow 0.300 MGD Annual Average daily flow .091 MGD (for the previous 3 years) Maximum daily flow .187 MGD (for the previous 3 years) 11. Is this facility located on Indian country? ❑ yes X No 12. Effluent Data Provide data for the parameters listed. Fecal Coliform, Temperature and pH shall be grab samples, for all other parameters 24-hour composite sampling shall be used. If more than one analysis is reported, report daily maximum and monthly average. If only one analysis is reported, report as daily maximum. Parameter Daily Maximum Monthly Average Units of Measurement Biochemical Oxygen Demand (BOD5) 36.3 10.7 Mg/L Fecal Coliform 22800 3209 Per 100 ML Total Suspended Solids 41.3 8.9 Mg/L Temperature (Summer) 27.7 22.6 Degrees Celsius Temperature (Winter) 20.7 12.5 Degrees Celsius pH 7.8 N/A Units 13. List all permits, construction approvals and/or applications: Type Permit Number Type Hazardous Waste (RCRA) UIC (SDWA) NPDES PSD (CAA) Non -attainment program (CAA) NC 0023086 14. APPLICANT CERTIFICATION NESHAPS (CAA) Ocean Dumping (MPRSA) Dredge or fill (Section 404 or CWA) Other Permit Number 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. .� 2 a-vL A �e1�S' '"�2 G;e�l�Yl ,�i��t/V11.t Printed name of Person Signing Title of Applicant Date North Carolina General Statute 143-215,6 (b)(2) states: Any person who knowingly makes any false statement representation, or certification in any application, record, report, plan, or other document files or required to be maintained under Article 21 or regulations of the Environmental Management Commission implementing that Article, or who falsifies, tampers with, or 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.) 4of4 Form-D 05108 'mil �\ti1��, �J -.; ��^���-�• '.;`,� ::.1tE' .�. � �� �.� � '� 1�'.C�i 1/ Imo;.-„���!-• ���„f�� �ir%>>;:v' � l�n�.= ..;; � ram. 1', �• ;.y�! ��� f. 46 �J f FILE CCU WDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary SURFACE WATER PROTECTION April 28, 2011 Ms. Jeannie Stewart, General Manager Fontana Village Resort Post Office Box 68 Fontana Dam, North Carolina 28733 SUBJECT: FOLLOW-UP MEETING to NOTICE OF VIOLATION NOV-201 1 -PC-0260 Fontana Village Resort Waste Water Treatment Plant Permit No: NCO023086 Graham County Dear Ms. Stewart: On April 8, 2011, NOV-201 1 -PC-0260 was issued to Fontana Village Resort. As a follow up to this NOV Roger Edwards and Jeff Menzel of this office met with the staff of Fontana Village Resort on April 20, 2011. The purpose of this meeting was to discuss the maintenance and operational issues outlined in the NOV and to construct a corrective action plan along with a timeline to be implemented by Fontana Village Resort. These issues along with the corrective actions are as follows: 1. The chlorine contact and settling basin have a substantial accumulation of dead sludge. This is a repeat occurrence as records indicate the facility had the same issue in 2008. The facility agreed to have this basin cleaned by June 15, 2011. Efforts should be made to minimize any impacts to the receiving stream during this cleaning. ne SURFACE WATER PROTECTION — ASHEVILLE REGIONAL OFFICE N°_NaCaroha Location: 2090 U.S. Highway 70, Swannanoa, NC 28778 717atura[�j� Phone: (828) 296-4500\FAX: 828 299-7043\Customer Service: 1-877-623-6748 4 Internet: www.ncwaterguality.org S:\SWP\Graham\Wastewater\Minors\Fontana Village Resort 23086\NOV Follow-UP.doc Ms. Jeannie Stewart April 28, 2011 , 2. The digester is offline and appears to have been inoperable for many years. This piece of equipment is critical for sludge handling. The facility agreed to bring the digester back online as soon as possible. 3. The facility has 2 clarifiers; only one clarifier is operable, further crippling this facility. The facility agreed to bring the other clarifier online within 8 months (December 20, 2011) from the time of the meeting. 4. At the time of inspection there appeared to be a large volume of clear water (non - wastewater) coming in to the plant. It is suspected that there is a substantial amount of infiltration entering the collection system. With the assistance of Rural Water the facility is scheduled to start smoke testing in May 2011. As discussed during the meeting the facility should commit to identifying and eliminating points of infiltration within the collection system. A copy of the report from Rural Waters smoke testing findings is requested by this office. 5. The sludge handling lines from the drinking water plant for transfer of the basin and backwash waste to the sewer system is inoperable, with the current waste being directly discharged to the Little Tennessee River. This illegal discharge is to cease immediately. The facility agreed to cease this illegal discharge immediately by routing the back wash water to be settled out and directed to the waste water plant. The alum sludge will be allowed to settle out within the alum sludge basin. Other matters were discussed which would optimize the treatment capacity of the waste water plant and include, but are not isolated to: a. Fabricate or machine the existing bar screen so that the bars are closer together. This improvement would reduce the amount of debris coming into the plant. b. The operator should be conducting process control including a 30 minute settleability test in the aeration basin, efforts should be made to optimize the dissolved oxygen levels within the plant by adjusting the blower run time. The operator did not have a D.O meter but did have the equipment to run MLSS. It was understood that the operator would have access to a D.O. meter through purchase or other available means. c. Insure the effluent sampling is being conducted in accordance with the permit. The operational status of the sampler was questionable at the time of the inspection. It is recommended that the facility use oversight to insure that the contract lab understands their requirements. d. Depending on how successful the efforts to eliminate the collection system infiltration are, this facility could possible reduce the size of the treatment plant and eventually may be able to eliminate the discharge during the off-season. "il eannie Stewart ril 28, 2011 It is requested that you update this office in writing to provide us with updates as these deficiencies are corrected and as these agreed upon dates are met. Parts of the waste water plant may be beyond their useful life expectancy and are at risk of total failure, while other parts appear to have years of useful life expectancy. You and your staff need to take action on a regular basis to insure that this waste water system is properly maintained, operated, and provides adequate treatment at all times. If you or your staff have any questions, please call Jeff Menzel at 828-296-4500. Sincerely, Roger C. Edwards, Regional Supervisor Surface Water Protection Section c : Betty Williams, ORC �sheille�iles D1 VQ Central Files "j NCDENR A'L PPP 71nrth('arolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Governor Director f- , SURFACE WATER PROTECTION April 8, 2011 CERTIFIED MAIL RETURN RECEIPT REQUESTED - 7010 1870 0003 0874 6284 Ms. Jeannie Stewart, General Manager , Fontana Village Resort Post Office Box 68 Fontana Dam, North Carolina 28733 Dear Ms. Stewart: F-7 BILE CCvV Dee Freeman Secretary SUBJECT: NOTICE OF VIOLATION NOV-201 1 -PC-0260 Fontana Village Resort Waste Water Treatment Plant Permit No: NCO023086 Graham County A Compliance Inspection was conducted on March 23, 2011 at the Fontana Village Waste Water system in the presence of Mrs. Betty Williams. From this inspection the following maintenance and operational deficiencies were noted: Waste Water Plant 1. The chlorine contact and settling basin have a substantial accumulation of dead sludge. This is a repeat occurrence as records indicate the facility had the same issue in 2008. 2. The digester is offline and appears to have been inoperable for many years. This piece of equipment is critical for'sludge handling. SURFACE WATER PROTECTION —ASHEVILLE REGIONAL OFFICE NoorthCarolina Location: 2090 U.S. Highway 70, Swannanoa, NC 28778 / Phone: (828) 296-4500\FAX: 828 299-7043\Customer Service: 1-877-623-6748 XtuCa��y Internet: www.ncwaterouality.org S:\SWP\Graham\Wastewater\Minors\Fontana Village Resort 23086\NOV-2011-PC-0260.doc Ms. Jeannie Stewart April 8, 2011 Page 2 3. The facility has 2 clarifiers; only one clarifier is operable, further crippling this facility. 4. At the time of inspection there appeared to be a large volume of clear water (non waste -water) coming into the plant. It is suspected that there is a substantial amount of infiltration entering the collection system. 5. The sludge handling lines from the drinking water plant for transfer of the basin_ and backwash waste to the sewer system is inoperable, with the current waste being directly discharged to the Little Tennessee River. This illegal discharge is to cease immediately. The General Statutes subject anyone discharging wastewater without benefit of the required permit to penalties of up to $25,000 per violation with each day that an illegal discharge continues being considered a separate violation. It is requested that you update this agency and provide us with a plan to correct these deficiencies at the earliest date possible. Parts of the waste water plant may be beyond their useful life expectancy and are at risk of total failure. You and your staff need to take action on a regular basis to insure that this waste water system is properly maintained, operated, and provides adequate treatment at all. times. In addition this office is requesting that a meeting be scheduled for April 20, 2011, to be held at the facility. If you or your staff have any questions, please call me at 828-296-4500. Sincerely, Jeff Me el Environmental Specialist Enclosure cc: Betty Williams, ORC DWQ Central Files PPP'PPP— United States Environmental Protection Agency Form Approved. EPA Washington, D.C. 20460 OMB No. 2040-0057 Water Compliance Inspection Report Approval expires 8-31-98 Section A: National Data System Coding (i.e., PCS) Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type 1 INI 2 I51 31 NCO02308G i11 121 11/03/23 117 18ICI 191SI 20! {- J Remarks 21IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII11111111Ill Inspection Work Days Facility Self -Monitoring Evaluation Rating 61 QA ------------- —---------- Reserved --------- —------ -- 67I - - - _169 _.. _ .. . 70I -----71I- 72I N 73� 74 -- 751 -1 I -I- -I -I--I---L.80 �-� Section B: Facility Data Name and Location of Facility Inspected (For Industrial Users discharging to POTW, also include Entry Time/Date Permit Effective Date POTW name and NPDES permit Number) Peppertree Fontana Village 10:00 AM 11/03/23 07/11/01 Exit Time/Date Permit Expiration Date Fontana Village Resort Fontana Dam NC 28733 12:00 AM 11/03/23 12/10/31 Name(s) of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data Name, Address of Responsible Official/Title/Phone and Fax Number Jeannie Stewart,PO Box 68 Fontana Dam NC Contacted 28733//828-498-2211/8284982345 No Section C: Areas Evaluated During Inspection (Check only those areas evaluated) Permit Flow Measurement Operations & Maintenance E Sludge Handling Disposal Facility Site Review Effluent/Receiving Waters Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary) (See attachment summary) .00 Name(s) and Signature(s) of Inspector Agency/Office/Phone and Fax Numbers Date Jeff Menzel ARO WQ//828-296-4500/��/// Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date EPA Form 3560-3 (Rev 9-94) Previous editions are obsolete. Page # 1 NPDES yr/mo/day Inspection Type (cont.) 1 3I NCO023086 I11 12I 11/03/23 117 18' _I Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary) A Compliance Inspection was conducted on March 23, 2011 at the Fontana Village Waste Water system in the presence of Mrs. Betty Williams. From this inspection the following maintenance and operational deficiencies were noted: Waste Water Plant 1. The chlorine contact and settling basin have a substantial accumulation of dead_sludge._This is a_repeat occurrence as records indicate the facility was having the same issue in 2008. 2. The digester is offline and appears to have been inoperable for many years. This piece of equipment is critical for sludge handling. 3.. The facility has 2 clarifiers; only one clarifier is operable, further crippling this facility. 4. At the time of inspection there appeared to be a large volume of clear water (non waste -water) coming into the plant. It is suspected that there is a substantial amount of infiltration entering the collection system. 5. The sludge handling lines from the drinking water plant for transfer of the basin and backwash waste to the sewer system are inoperable, with the current waste being directly discharged to the Little Tennessee River. This illegal discharge is to cease immediately. The General Statutes subject anyone discharging wastewater without benefit of the required permit to penalties of up to $25,000 per violation with each day that an illegal discharge continues being considered a separate violation. It is requested that you update this agency and provide us with a plan to correct these deficiencies at the earliest date possible. Parts of the waste water plant may be beyond their useful life expectancy and are at risk of total failure. You and your staff need to take action on a regular basis to insure that this waste water system is properly maintained, operated, and provides adequate treatment at all times. Page # 2 WPPPPPPP Permit: NCO023086 Owner - Facility: Peppertree Fontana Village Inspection Date: 03/23/2011 Inspection Type: Compliance Evaluation Operations & Maintenance Yes -No NA NE Is the plant generally clean with acceptable housekeeping? ■ ❑ ❑ ❑ Does the facility analyze process control parameters, for ex: MLSS, MCRT, Settleable Solids, pH, DO, Sludge ❑ ■ Cl ❑ Judge, and other that are applicable? Comment: The housekeeping is acceptable. Samples are picked up and analyzed by Earth Environmental. TPermit Yes No NA NE (If the present permit expires in 6 months or less). Has the permittee submitted a new application? ❑ ❑ ■ ❑ Is the facility as described in the permit? ■ ❑ ❑ ❑ # Are there any special conditions for the permit? ❑ ■ ❑ ❑ Is access to the plant site restricted to the general public? ■ ❑ ❑ ❑ Is the inspector granted access to all areas for inspection? ■ ❑ ❑ ❑ Comment: Bar Screens Yes No NA NE Type of bar screen a.Manual ■ b.Mechanical ❑ Are the bars adequately screening debris? ❑ ■ ❑ ❑ Is the screen free of excessive debris? ■ ❑ ❑ ❑ Is disposal of screening in compliance? ■ ❑ ❑ ❑ Is the unit in good condition? ■ ❑ ❑ ❑ Comment: The distance between bars on this screen allows solids to easily pass through. Aeration Basins Yes No NA NE Mode of operation Ext. Air Type of aeration system Diffused Is the basin free of dead spots? 00110 Are surface aerators and mixers operational? ❑ ❑ ■ ❑ Are the diffusers operational? ■ ❑ ❑ ❑ Is the foam the proper color for the treatment process? ■ ❑ ❑ ❑ Does the foam cover less than 25% of the basin's surface? ■ ❑ ❑ ❑ Is the DO level acceptable? ❑ ❑ ❑ ■ Page # 3 Permit: NCO023086 Owner - Facility: Peppertree Fontana village Inspection Date: 03/23/2011 Inspection Type: Compliance Evaluation Aeration Basins Yes No NA NE Is the DO level acceptable?(1.0 to 3.0 mg/1) ❑ ❑ ❑ ■ Comment: The blowers appear to be working. The facility may want to consider placing the blowers on a timer which would result in a power savings. Secondary Clarifier Yes No NA NE Is the clarifier -free of black and odorous wastewater? ___- - ■ -❑ -❑ -❑ Is the site free of excessive buildup of solids in center well of circular clarifier? ❑ ❑ ■ ❑ Are weirs level? ■ ❑ ❑ ❑ Is the site free of weir blockage? ■ ❑ ❑ ❑ Is the site free of evidence of short-circuiting? 01111 ❑ Is scum removal adequate? ■ ❑ ❑ ❑ Is the site free of excessive floating sludge? n ■ ❑ Is the drive unit operational? ❑ ■ ❑ ❑ Is the return rate acceptable (low turbulence)? ❑ ❑ ❑ ■ Is the overflow clear of excessive solids/pin floc? ■ ❑ ❑ 11 Is the sludge blanket level acceptable? (Approximately'/4 of the sidewall depth) ❑ ❑ ❑ 0 Comment: This facility has two clarifers; only one works. Effluent Pipe Yes No NA NE Is right of way to the outfall properly maintained? ■ ❑ ❑ ❑ Are the receiving water free of foam other than trace amounts and other debris? ■ ❑ ❑ ❑ If effluent (diffuser pipes are required) are they operating properly? ■ ❑ ❑ ❑ Comment: Page # 4 NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary SURFACE WATER PROTECTION April 8, 2011 CERTIFIED MAIL RETURN RECEIPT REQUESTED Ms. Jeannie Stewart, General Manager Fontana Village Resort Post Office Box 68 Fontana Dam, North Carolina 28733 SUBJECT: NOTICE OF VIOLATION NOV-201 1 -PC-0260 Fontana Village Resort Waste Water Treatment Plant Permit No: NCO023086 Graham County Dear Ms. Stewart: A Compliance Inspection was conducted on March 23, 2011 at the Fontana Village Waste Water system in the presence of Mrs. Betty Williams. From this inspection the following maintenance and operational deficiencies were noted: Waste Water Plant 1. The chlorine contact and settling basin have a substantial accumulation of dead sludge. This is a repeat occurrence as records -indicate the facility had the same issue in 2008. 2. The digester is offline and appears to have been inoperable for many years. This piece of equipment is critical for sludge handling. SURFACE WATER PROTECTION — ASHEVILLE REGIONAL OFFICE NorthCarolina Location: 2090 U.S. Highway 70, Swannanoa, NC 28778 / Phone: (828) 296-4500\FAX: 828 299-7043\Customer Service: 1-877-623-6748 Adura!!ff Internet: www.ncwaterguality.org S:\SWP\Graham\Wastewater\Minors\Fontana Village Resort 23086\NOV-201 1 -PC-0260.doc Ms. Jeannie Stewart April 8, 2011 Page 2 3. The facility has 2 clarifiers; only one clarifier is operable, further crippling this facility. 4. At the time of inspection there appeared to be a large volume of clear water (non waste -water) coming into the plant. It is suspected that there is a substantial amount of infiltration entering the collection system. 5. The sludge handling lines from the drinking water plant for transfer of the basin and backwash waste to the sewer system is inoperable, with the current waste being directly discharged to the Little Tennessee River. This illegal discharge is to cease immediately. The General Statutes subject anyone discharging wastewater without benefit of the required permit to penalties of up to $25,000 per violation with each day that an illegal discharge continues being considered a separate violation. It is requested that you update this agency and provide us with a plan to correct these deficiencies at the earliest date possible. Parts of the waste water plant may be beyond their useful life expectancy and are at risk of total failure. You and your staff need to take action on a regular basis to insure that this waste water system is properly maintained, operated, and provides adequate treatment at all times. In addition this office is requesting that a meeting be scheduled for April 20, 2011, to be held at the facility. If you or your staff have any questions, please call me at 828-296-4500. Sincerely, Jeff Menzel Environmental Specialist Enclosure cc: Betty Williams, ORC DWQ Asheville Files DWQ Central Files United States Environmental Protection Agency Form Approved. EPA Washington, D.C. 20460 OMB No. 2040-0057 Water Compliance Inspection Report Approval expires 8-31-98 Section A: National Data System Coding (i.e., PCS) Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type 1 I NI 2 L1 31 NCO023086 111 121 11/03/23 117 18I jc 191 .al 201U L J J U Remarks 21111111111111111111111111111111111111111111111116 Inspection Work Days Facility Self -Monitoring Evaluation Rating 131 QA ------------ —------------ Reserved-------------- 67 I 169 70 U 71 U 72 U 73 LU 74 751 I I I I I Li 80 �--� Section B: Facility Data Name and Location of Facility Inspected (For Industrial Users discharging to POTW, also include Entry Time/Date Permit Effective Date POTW name and NPDES permit Number) 10:00 AM 11/03/23 07/11/01 Peppertree Fontana Village Exit Time/Date Permit Expiration Date Fontana Village Resort Fontana Dam NC 28733 12:00 AM 11/03/23 12/10/31 Name(s) of Onsite Representative(s)lTitles(s)/Phone and Fax Number(s) Other Facility Data Name, Address of Responsible Official/Title/Phone and Fax Number Jeannie Stewart, PO Box 66 Fontana Dam NC Contacted 28733//628-498-2211/8284982345 No Section C: Areas Evaluated During Inspection (Check only those areas evaluated) Permit Flow Measurement Operations & Maintenance E Sludge Handling Disposal Facility Site Review Effluent/Receiving Waters Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary) (See attachment summary) Name(s) and Signature(s) of Inspector(s) Agency/Office/Phone and Fax Numbers Date Jeff Menzel ARO WQ//828-296-4500/ Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date EPA Form 3560-3 (Rev 9-94) Previous editions are obsolete. Page # 1 NPDES yr/mo/day Inspection Type 3I NCO023086 I11 12I 11/03/23 1 17 18I_' (cont.) Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary) A Compliance Inspection was conducted on March 23, 2011 at the Fontana Village Waste Water system in the presence of Mrs. Betty Williams. From this inspection the following maintenance and operational deficiencies were noted: Waste Water Plant 1. The chlorine contact and settling basin have a substantial accumulation of dead sludge. This is a repeat occurrence as records indicate the facility was having the same issue in 2008. 2. The digester is offline and appears to have been inoperable for many years. This piece of equipment is critical for sludge handling. 3. The facility has 2 clarifiers; only one clarifier is operable, further crippling this facility. 4. At the time of inspection there appeared to be a large volume of clear water (non waste -water) coming into the plant. It is suspected that there is a substantial amount of infiltration entering the collection system. 5. The sludge handling lines from the drinking water plant for transfer of the basin and backwash waste to the sewer system are inoperable, with the current waste being directly discharged to the Little Tennessee River. This illegal discharge is to cease immediately. The General Statutes subject anyone discharging wastewater without benefit of the required permit to penalties of up to $25,000 per violation with each day that an illegal discharge continues being considered a separate violation. It is requested that you update this agency and provide us with a plan to correct these deficiencies at the earliest date possible. Parts of the waste water plant may be beyond their useful life expectancy and are at risk of total failure. You and your staff need to take action on a regular basis to insure that this waste water system is properly maintained, operated, and provides adequate treatment at all times. Page # 2 Permit: NCO023086 Inspection Date: 03/23/2011 Owner - Facility: Peppertree Fontana Village Inspection Type: Compliance Evaluation Operations & Maintenance Yes No NA NE Is the plant generally clean with acceptable housekeeping? ■ ❑ ❑ ❑ Does the facility analyze process control parameters, for ex: MLSS, MCRT, Settleable Solids, pH, DO, Sludge ❑ ■ Cl ❑ Judge, and other that are applicable? Comment: The housekeeping is acceptable. Samples are picked up and analyzed by Earth Environmental. Yes Nn NA NF (If the present permit expires in 6 months or less). Has the permittee submitted a new application? ❑ ❑ ■ ❑ Is the facility as described in the permit? ■ ❑ ❑ ❑ # Are there any special conditions for the permit? ❑ ■ ❑ ❑ Is access to the plant site restricted to the general public? ■ ❑ ❑ ❑ Is the inspector granted access to all areas for inspection? ■ ❑ ❑ ❑ Comment: Bar Screens Yes No NA NE Type of bar screen a.Manual ■ b.Mechanical ❑ Are the bars adequately screening debris? ❑ 0110 Is the screen free of excessive debris? ■ ❑ ❑ ❑ Is disposal of screening in compliance? ■ ❑ ❑ ❑ Is the unit in good condition? ■ ❑ 130 Comment: The distance between bars on this screen allows solids to easily pass through. Aeration Basins Yes No NA NE Mode of operation Ext. Air Type of aeration system Diffused Is the basin free of dead spots? ■ ❑ ❑ ❑ Are surface aerators and mixers operational? ❑ ❑ ■ ❑ Are the diffusers operational? ■ Cl ❑ ❑ Is the foam the proper color for the treatment process? ■ ❑ ❑ ❑ Does the foam cover less than 25% of the basin's surface? ■ Cl ❑ ❑ Is the DO level acceptable? ❑ ❑ ❑ ■ Page # 3 Permit: NCO023086 Owner - Facility: Peppertree Fontana Village Inspection Date: 03/23/2011 Inspection Type: Compliance Evaluation Aeration Basins Yes No NA NE Is the DO level acceptable?(1.0 to 3.0 mg/1) 0 ❑ Q Comment: The blowers appear to be working. The facility may want to consider placing the blowers on a timer which would result in a power savings. Secondary Clarifier Yes No NA NE Is the clarifier free of black and odorous wastewater? ■ ❑ ❑ O Is the site free of excessive buildup of solids in center well of circular clarifier? ❑ Q N ❑ Are weirs level? M ❑ Q Q Is the site free of weir blockage? M 0 Cl ❑ Is the site free of evidence of short-circuiting? 0 ❑ Q Is scum removal adequate? ❑ ❑ ❑ Is the site free of excessive floating sludge? Q M Q 0 Is the drive unit operational? ❑ N Is the return rate acceptable (low turbulence)? ❑ Q O N Is the overflow clear of excessive solids/pin floc? M 0 ❑ 11 Is the sludge blanket level acceptable? (Approximately'/4 of the sidewall depth) Q Q Cl 0 Comment: This facility has two clarifers; only one works. Effluent Pipe Yes No NA NE Is right of way to the outfall properly maintained? M Q ❑ CC3 Are the receiving water free of foam other than trace amounts and other debris? 0 ❑ ❑ Q If effluent (diffuser pipes are required) are they operating properly? ■ ❑ ❑ O Comment: Page # 4 FONTANA VILLAGE RESORT August 19, 2008 Roy Davis, Environmental Engineer NCDENR DWQ Surface Water Protection 2090 US Highway 70 Swannanoa, NC 28778 Subject: Compliance Evaluation Inspection Fontana Village Resort Wastewater Treatment Plant NPDES Permit #NC0023086 Graham County Dear Mr. Davis, I am responding to the two items that needed attention: The Blower was put back in service August 9, 2008 by our. Maintenance Department. The Sludge removal is scheduled to begin on August 25, 2008. Our flow will be down this week. We will schedule another load to be hauled out when the flow is low again. This will probably be September 15 —19, 2008. We will continue to do this as we can until our dead sludge build up problem is fully corrected. Respectfully, Jeannie H. Stewart Fontana Village Resort General Manager �y AU 2 0 2008 1 VVA i ER U-ALI s_C TION _ - IAL O=FICL S FONTANA VILLAGE RESORT P.O. BOX 68 • HWY. 28 • FONTANA DAM, NC 28733 TELE. 800.849.2258 • FAX 828.498.2209 • FONTANA@FONTANAVILLAGE.COM WWW.FONTANAVILLAGE.COM August 19, 2008 Roy Davis, Environmental Engineer NCDENR r� � `'••. ➢y0�dd'� ilY'�'�"v «i`d%a;i' i -a u'a�ca:Yl�u""" 4g• .. 2090 US Highway 70 Swannanoa, NC 28778 Dear Mr. Davis, Our Water Plant Wastewater Pumping System went in service and is fully operational. This unit was repaired on August 1, 2008. Respectfully, Jeannie H. Stewart Fontana Village Resort General Manager CC — Ray McCall Public Water Supply Section, ARO FnPA LAUG 0 2008TYSECTION IONAL OFFICE FONTANA VILLAGE RESORT P.O. BOX 68 • HWY. 28 • FONTANA DAM, NC 28733 _ TELE. 800.849.2258 • FAX 828.498.2209 • FONTANA@FONTANAVILLA6E.COM WWW. FONTANA VI LLA6 E.COM 4 i i6 i C ®�North Carolina Department Er-Y SURFACE WATER PROTECTION July 30, 2008 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7006 3450 0002 7064 2530 Ms. Jeannie Stewart, General Manager Fontana Village Resort Post Office Box 68 Fontana Dam, North Carolina 28733 Dear Ms. Stewart: Michael F. Easley, Governor William G. Ross Jr., Secretary vironment and Natural Resources Coleen H. Sullins, Director Division of Water Quality Asheville Regional Office SUBJECT: Illegal Discharge Fontana Village Resort Water Treatment Plant Graham County In the State of North Carolina wastewater can only be discharged to a stream in accordance with a permit issued by the North Carolina Environmental Management Commission. Fontana Village, Inc. holds no permit to discharge wastewater generated. by operation of its water treatment plant to a tributary of the Little Tennessee River. On July 29, 20081 observed that the motor/pump assembly used to pump water plant wastewater to the Fontana Village Resort sewage treatment plant was missing its belts. Without an operable pumping systems, water plant wastewater overflows the holding basin to the State's surface waters. This illegal discharge is to cease immediately. The General Statutes subject anyone discharging wastewater without benefit of iced -permit ta-pen-alties o 6-per-viofatimwith-each-d that-anrHega' discharge continues being considered a separate violation. 2090 U.S. Highway 70, Swannanoa, NC 28778 Telephone: (828) 296-4500 Fax: (828) 299-7043 Customer Service 1 877 623-6748 No ehCarolina ,atura!!il Please inform me in writing when the water plant wastewater pumping system .is fully operable. Sincerely, o� Roy Davis Environmental Engineer Surface Water Protection Section Central Files Ray McCall, Public Water Supply Section, ARO Jeff Williams, Fontana Village Resort Betty Williams, Fontana village Resort G:\WPDATA\DEMWQ\Graham\23086 Peppertree Fontana Village\Fontana Village- Illegal Water Plant Discharge. 08.doc Michael F. Easley, Governor FILE ` A® P William G. Ross Jr., Secretary �- h Carolina Department of mment and Natural Resources q Coleen. H. Sullins, Director Division of Water Quality Asheville Regional Office SURFACE WATER PROTECTION July 29, 2008 Ms. Jeannie Stewart, General Manager Fontana Village Resort P.O. Box 68 Fontana Dam, North Carolina 28733 SUBJECT: Compliance Evaluation Inspection Fontana Village Resort Wastewater Treatment Plant NPDES Permit No: NCO023086 Graham County Dear Ms. Stewart: Attached is the report resulting from the wastewater treatment plant Compliance Evaluation Inspection which I conducted at Fontana Village Resort on July 29, 2008. . I observed two items needing your attention. The Wastewater treatment plant is' equipped with an emergency blower. This blower has not been run in over a year. Please return the piston engine and blower to full service and place them on a regular maintenance schedule. Engines used only for emergency purposes, such as this one, are normally run weekly. The chlorine contact and settling basin following have a substantial accumulation of dead sludge. Please have this sludge removed. Please inform me in writing when these items are attended to. Mike Ladd tells me he no longer has an involvement with the. wastewater treatment plant serving Fontana Village Resort. Please complete the attached Operator Designation Form and return to the indicated address.- 2090 U.S. Highway 70, Swannanoa, NC 28778 Telephone: (828) 296-4500 Fax: (828) 299-7043 Customer Service 1 877 623-6748 ldorthCarolina Nawa!!y Please refer to the enclosed inspection report for additional observations and comments. I look forward to being informed that the corrective action has been completed at the wastewater treatment plant. Sincerely, Roy Davis Environmental Engineer Enclosure cr.af►-tea . i-�— ie Surface Water Protection Centra Files Steve Reid (Without Enclosure) Jeff Williams, Fontana Village Resort Dennis Pilkington, Fontana village Resort G:\WPDATA\DEMWQ\Graham\23086 Peppertree Fontana Village\23086-CEI-Fontana Village.08.doc 11 United States Environmental Protection Agency /� Washington, D.C. 20460 EPA C /"1 Form Approved. OMB No. 2040-0057 Water Compliance inspection Report Approval expires 8-31-98 Section A: National Data System Coding (i.e., PCS) Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type 1 I NI 2 15I 31 NCO023086 111 121 08/07/29 117 181 r l 191 _ql 20�I f-J Remarks 21LIIIIIIIJill IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII1116 Inspection Work Days . Facility Self -Monitoring Evaluation Rating 131 QA ------------- —------------ Reserved ---------------------- 67 I 169 70I 3 I 71 I I 72 Ll 73 I I 174 751 I I I I I I 180 u_I Section B:• Facility Data Name and Location of Facility Inspected (For Industrial Users discharging to POTW, also include Entry Time/Date Permit Effective Date POTW name and NPDES permit Number) Peppertree Fontana Village 1 1:45 AM 08/07/29 07/11/01 Exit Time/Date Permit Expiration Date Fontana Village Resort Fontana Dam NC 28733 01:45 PM 08/07/29 12/10/31 Name(s) of Onsite Rep resentative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data Name, Address of Responsible Official/Title/Phone and Fax Number Jeannie Stewart,PO Box 68 Fontana Dam NC Contacted 28733//828-498-2211/8284982345 No Section C: Areas Evaluated During Inspection (Check only those areas evaluated) Permit Flow Measurement ® Operations & Maintenance ® Facility Site Review Effluent/Receiving Waters Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary) (See attachment summary) Name(s) and Signature(s) of Inspector(s) Agency/Office/Phone and Fax Numbers Date Roy M Davis ARO WQ//828-296-4500 Ext.4659/ Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date EPA Form 3560-3 (Rev 9-94) Previous editions are obsolete. Page # 1 NPDES yr/mo/day 31 NCO023086 I11 121 08/07/29 117 Inspection Type 18' _ I 11 Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary) Concrete of this WW II era WVVTP is starting to deteriorate. Drive engine for emergency blower has not been run in a very long time. Chlorine contact tank and tank following have a substantial accumulation of activated sludge (pin floc). Page # 2 Permit: NCO023086 Owner - Facility: Peppertree Fontana Village Inspection Date: 07/29/2008 Inspection Type: Compliance Evaluation Operations & Maintenance Yes No NA NE Is the plant generally clean with acceptable housekeeping? ■ ❑ ❑ ❑ Does the facility analyze process control parameters, for ex: MLSS, MCRT, Settleable Solids, pH, DO, Sludge ❑ ❑ ❑ ■ Judge, and other that are applicable? Comment: Plant was possibly built during WW II. Permit Yes No NA NE (If the present permit expires in 6 months or less). Has the permittee submitted a new application? ❑ ❑ ■ 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? ■ ❑ ❑ ❑ Is the inspector granted access to all areas for inspection? ®n n n Comment: Permit contains residual chlorine limit but no fecal colifirm limit. Flow Measurement - Influent Yes No NA NE # Is flow meter used for reporting? ■ Cl ❑ ❑ Is flow meter calibrated annually? ®❑ ❑ ❑ Is .the flow meter operational? ■ ❑ ❑ ❑ (If units are separated) Does the chart recorder match the flow meter? ❑ ❑ ❑ ■ Comment: Bar Screens Yes No NA NE Type of bar screen a.Manual ■ b.Mechanical ❑ Are the bars adequately screening debris? ■ ❑ ❑ ❑ Is the screen free of excessive debris? ■ ❑ ❑ ❑ Is disposal of screening in compliance? ■ ❑ ❑ ❑ Is the unit in good condition? ■ ❑ ❑ ❑ Comment: Secondary Clarifier Yes No NA NE Is the clarifier free of black and odorous wastewater? ■ ❑ ❑ ❑ Is the site free of excessive buildup of solids in center well of circular clarifier? ■ ❑ ❑ ❑ Are weirs level? ■ ❑ ❑ ❑ Page # 3 Permit: NCO023086 Inspection Date: 07/29/2008 Secondary Clarifier Is the site free of weir blockage? Is the site free of evidence of short-circuiting? Is scum removal adequate? Is the site free of excessive floating sludge? Is the drive unit operational? Owner - Facility: Peppertree Fontana Village Inspection Type: Compliance Evaluation Is the return rate acceptable (low turbulence)? Is the overflow clear of excessive solids/pin floc? Is the sludge blanket level acceptable? (Approximately %4 of the sidewall depth) Comment: Aeration Basins Mode of operation Type of aeration system Is the basin free of dead spots? Are surface aerators and mixers operational? Are the diffusers operational? Is the foam the proper color for the treatment process? Does the foam cover less than 25% of the basin's surface? Is the DO level acceptable? . Is the DO level acceptable?(1.0 to 3.0 mg/I) Comment: . Ext. Air Diffused ® ❑ ❑ ❑ ®n❑❑ ■❑❑❑ Nnnn e n ❑ n nn0E ❑ Cl ❑ ■ Page # 4 m 8Qa�l°£,Go az a 140 !i rX t N yrth Carolina a. 1 ..-- Vision of Environmental Heal " Terry L. Pierce, Director State of North Carolina W Michael F. Easley, Governor Department of Environment and Public Wafer Supply Section Natural Resources Division of Environmental Health Jessica G. Miles, Section Chief William G. Ross, Secretary July 24, 2008 Ms. Jeannie Stewart, General Manager Fontana Village Resort P.O. Box 68 Fontana Dam, North Carolina 28733 Re: Sanitary Survey Fontana Village Resort Water System NCO 138101, Graham County Dear Ms. Stewart: As you are aware a sanitary survey was performed at the Fontana Village Water System in the presence of Mr. Tim Green, ORC on July 23, 2008. From this survey the following sanitary and operational deficiencies were noted: Water Treatment Plant 1. There is no flash mixing at this plant to adequately disperse and mix coagulation and disinfection chemicals, therefore causing poor or inadequate coagulation entering the sedimentation basins. 2. The #2 sedimentation basin was over full of sludge during this survey with evident over feed of alum to the treatment process. This basin needs cleaning immediately to prevent excessive carryover of floc and aluminum. 3. The two filters are in extremely poor condition with the surface sweeps inoperable, the filter media is cracked and fouled with many of the filter valves and controllers inoperable. No adequate rate of flow indicators are present with these filters to measure or set an adequate backwash rate of flow, therefore the filters are not being adequately washed and maintained. These conditions create a serious concern for bacteria and other pathogens to pass through the filtration process, which could cause health risk to your employees and customers. 4. The in -line turbidity meters have not been calibrated in quite some time and are reading inaccurately. One meter was logging turbidity numbers in excess of the drinking water standards. These meters need calibration immediately. 5. There is excessive leakage of water from the filter walls, piping and pumping down stairs in the pump room. With all of the electrical equipment for the plant present in this area, there is a serious hazard to the operations staff of electrical shock and possible serious injury with the wet conditions. As you know, the building foundation is also rotting away with the overall structure in a state of failure. 2090 US Highway 70, Swannanoa, North Carolina, 28778-8211 One Telephone 828-296-4500 ♦ Fax 828-299-7034 NorthCarolliina http://ncdrinkingwater.state.nc.us/ ;Vgtt ra6[y An Equal Opportunity / Affirmative Action Employer Page 2 'Fontana Village Water System Sanitary Survey. 7. Mr. Green has began work on a operations plan for this system but the plan is incomplete and needs to be finalized and used as a guide to properly maintain and operate this system. It is evident that little to no maintenance is being performed at the water plant. Well #1 1. This well is currently offline due to high iron concentrations. This well will require adequate treatment to either sequester or remove the excessive iron before it can be used permanently. 2. The wellhead support and sanitary seal needs repair. It has been broken for some time and before the well is placed back in service the supports and seal will need replacement. Distribution System 1.The 30,000-gallon wooden water storage tank on Hwy 28 is in very poor condition with the screened vents torn and missing. The roof is again in poor condition, and the access ladder has totally fallen away due to rotten supports. During the survey this tank was overflowing allowing a lot of treated water to run down the hillside. This tank is not sanitary and needs repair or replacement immediately. 2. The intermediate booster pump station was in good condition however both pumps run all of the time. This condition could cause you to loose one or both of the pumps due to excessive runtime. Pumps are usually set to lead and lag, therefore having a spare always in reserve. With them both running all of the time a complete failure could occur leaving you with no back up pumping capability. 3. This water system has no remote SCADA system capable of sending water tank level indication to the operators at the water plant therefore overflow of tanks occur if they are not able to know what the water level is in the Intermediate or new Village tank. They try to visit the tanks regularly, however during the survey the Intermediate tank was overflowing wasting a lot of water onto the ground. We cannot over state how seriously concerned this agency is about the condition of the Fontana Village Water Plant and the Intermediate water storage tank. The water plant is well beyond its useful life expectancy and is at risk for total failure at anytime. Therefore, based on these conditions the "Boil Water Advisory" is still in effect and must be updated immediately and posted throughout the village (see attached notice). You must advise your visitors of the risk associated with the poor condition of this water system so they may take necessary precautions as needed. It is also requested that you update this agency and provide us with a plan to correct these deficiencies at the earliest date possible. In fact, all your efforts should be placed on the replacement of the existing water plant with a new and more modern facility that can meet on a continuous basis the requirements of the Safe Drinking Water Act of NC. The Intermediate water storage tank needs immediate repair or it should be replaced immediately. You and your staff need to take action on a regular basis to insure that this water system is properly maintained, operated and provides adequate sanitary protection. 1630 Mail Service Center, Raleigh, North Carolina 27699-1630 One Phone (919) 733-2870 / Fax (919) 715-3242 NorthCarohna An Equal Opportunity / Affirmative Action Employer ;UMr`".l f Page 3 Fontana Village Water System Sanitary Survey We will await your response and actions to correct these serious deficiencies at the Fontana Village water system. Should you have questions or need assistance regarding these findings and requests, please feel free to contact us at (828) 296-4500. Sincerely ;�a y MCe& Ray McCall Water Treatment Plant Consultant Enclosure: Boil Water Advisory Cc: Jessica Miles, Chief, Public Water Supply Section Mike Dowd, P.E., McGill & Associates Engineering Graham Countv Health Department 1630 Mail Service Center, Raleigh, North Carolina 27699-1630 One Phone (919) 733-2870 / Fax (919) 715-3242 NoofthCaarohna An Equal Opportunity / Affirmative Action Employer ✓ ' mo ally / �7e � T o e 219-��-8 rw a�sw4ksrx,,_,M Michael F. Easley, Governor y7 William G. Ross Jr., Secretary - L WU tli-iCarolina Department —Uironment and Natural Resources µ;. Coleen H. Sullins, Director a „ , Division of Water Quality Asheville Regional Office SURFACE WATER PROTECTION October 5, 2007 Ms. Jeannie Stewart, General Manager Fontana Village;Resort P.O. Box 68 Fontana Dam, North Carolina 28733 SUBJECT: Compliance Evaluation Inspection Status: Compliant Peppertree Fontana Village Permit No: NCO023086 Graham County Dear Ms. Stewart: Enclosed please find a copy of the Compliance Evaluation Inspection form from the inspection conducted on September 7, 2007. The facility appeared to be in compliance with permit NC0023086. Mr. Michael Ladd and Mr. Chris Ladd are doing a fine job of operating this facility. Please refer to the enclosed inspection report for additional observations and comments. If you or your staff have any questions, please call me at 828-296-4500, Ext. 4667. Sincerely, anet Cantwell Environmental Specialist Enclosure �ec�WQ=AshevilIe�Files '- =' WQ Central Files Michael J. Ladd/ ORC/ Earth Environmental w/ attachment No thCarolina )V11t111R111f 2090 U.S. Highway 70, Swannanoa, NC 28778 Telephone: (828) 296-4500 Fax: (828) 299-7043 Customer Service 1 877 623-6748 United States Environmental Protection Agency EP7 i� Washington, D.C. 20460 Form Approved. rA OMB No. 2040-0057 Water Compliance inspection Report Approval expires 8-31-98 Section A: National Data System Coding (i.e., PCS) Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type 1 tINI 2 151 31 N00023086 I11 12I 07/09/07 117 18IC 191SI 20 U _ LJ -1 L Remarks 21L111�I IIIII1jIII(Ill----IllllI16 Inspection Work Days Facility Self -Monitoring Evaluation Rating B1 QA ---------------------- --- Reserved ---------------------- 67I 169 70 u 711 I 4 751—1 1 80 72 _73L_1_ _7_ _ Section B: Facility Data Name and Location of Facility Inspected (For Industrial Users discharging to POTW, also include POTW name and NPDES permit Number) Entry Time/Date Permit Effective Date Peppertree Fontana Village 02:00 PM 07/09/07 03/03/01 Exit Time/Date Permit Expiration Date Fontana Village Resort Fontana Dam NC 28733 02:45 PM 07/09/07 07/10/31 Name(s) of Onsite Representative (s)/Titles(s)/Phone and Fax Number(s) Other Facility Data Michael J. Ladd/ORC/828-479-6428/ Name, Address of Responsible Official/Title/Phone and Fax Number Jeannie Stewart, PO Box 68 Fontana Dam NC Contacted 28733//828-498-2211/8284982345 too Section C: Areas Evaluated During Inspection (Check only those areas evaluated) Permit ® Flow Measurement T Operations & Maintenance jj Records/Reports Self -Monitoring Program Facility Site Review Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary) (See attachment summary) Name(s) and Signature(s) of Inspector(s) ' Agency/Office/Phone and Fax Numbers Date Janet Cantwell ARO WQ//828-296-4500 Ext.4667/ Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date -au e - ' /01/6 7 f EPA Form 3560-3 (Rev 9-94) Previous editions are obsolete. Page # 1 NPDES yr/mo/day Inspection Type 3I NCO023086 I11 12I 07/09/07 117 18N (cont.) Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary) Mike Ladd and Chris Ladd assisted in the inspection of this facility. The previous compliance evaluation inspection was conducted on Novem ber 18, 2005, by Keith Haynes. The aeration basin process control data on the day of the inspection: Dissolved Oxygen = 6.5 m g/I The effluent data on the day of the inspection: Temperature = 26 degrees Celcius pH = 7.2 units A spare sludge return pump would be helpful in case one breaks. The operators are doing a fine job of operating this facil ity. The effluent was clear. Page # 2 Permit: NCO023086 Owner - Facility: Peppertree Fontana Village Inspection Date: 09/07/2007 Inspection Type: Compliance Evaluation Permit Yes No NA NE (If the present permit expires in 6 months or less). Has the permittee submitted a new application? 19 ❑ ❑ Cl Is the facility as described in the permit? I1 ❑ n I] # Are there any special conditions for the permit? ❑ a ❑ n Is access to the plant site restricted to the general public? ❑ ❑ ❑ Is the inspector granted access to all areas for inspection? ❑ ❑ [] Comment• Operations & Maintenance Yes No NA NE Is the plant generally clean with acceptable housekeeping? Ed ❑ ❑ ❑ Does the facility analyze process control parameters, for ex: MLSS, MCRT, Settleable Solids, pH, DO, Sludge lim ❑ ❑ ❑ Judge, and other that are applicable? Comment: Record beeping Yes No NA NE Are records kept and maintained as required by the permit? ❑ ❑ ❑ Is all required information readily available, complete and current? Ira ❑ ❑ ❑ Are all records maintained for 3 years (lab. reg. required 5 years)? 1W ❑ ❑ ❑ Are analytical results consistent with data reported on DMRs? ❑ ❑ ❑ Is the chain -of -custody complete? D ❑ Dates, times and location of sampling ❑ Name of individual performing the sampling ❑ Results of analysis and calibration ❑ Dates of analysis ❑ Name of person performing analyses ❑ Transported COCs ❑ Are DMRs complete: do they include all permit parameters? ! ❑ ❑ ❑ Has the facility submitted its annual compliance report to users and DWQ? ❑ ❑ ❑ (If the facility is = or > 5 MGD permitted flow) Do they operate 24/7 with a certified operator on each shift? ❑ ❑ ® ❑ Is the ORC visitation log available and current? im Cl Cl 0 Is the ORC certified at grade equal to or higher than the facility classification? 0 ❑ ❑ ❑ Is the backup operator certified at one grade less or greater than the facility classification? ❑ ❑ ❑ Is a copy of the current NPDES permit available on site? ❑ ❑ ❑ Page # 3 Permit: NCO023086 Inspection Date: 09/07/2007 Owner - Facility: Peppertree Fontana Village Inspection Type: Compliance Evaluation Record Keeping Facility has copy of previous year's Annual Report on file for review? Comment: Flow Measurement- Influent # Is flow meter used for reporting? Is flow meter calibrated annually? Is the flow meter operational? (If units are separated) Does the chart recorder match the flow. meter? Comment: Last calibration was February 2007. Bar Screens Type of bar screen a.Manual b.Mechanical Are the bars adequately screening debris? Is the screen free of excessive debris? Is disposal of screening in compliance? Is the unit in good condition? Comment: Aeration Basins Mode of operation Type of aeration system Is the basin free of dead spots? Are surface aerators and mixers operational? Are the diffusers operational? Is the foam the proper color for the treatment process? Does the foam cover less than 25% of the basin's surface? Is the DO level acceptable? Is the DO level acceptable?(1.0 to 3.0 mg/1) Comment: DO was 6.5 mg/L. Secondary Clarifier Is the clarifier free of black and odorous wastewater? Yes No NA NE ■ ❑ ❑ ❑ Yes No NA NE Yes No NA NE Yes No NA NE Ext. Air Diffused ■❑❑n nn■o ■nnn ■n❑❑ ■nnn n■nn n■nn ■❑❑n Page # 4 Permit: NCO023086 Inspection Date: 09/07/2007 Owner - Facility: Peppertree Fontana Village Inspection Type: Compliance Evaluation Secondary Clarifier Is the site free of excessive buildup of solids in center well of circular clarifier? Are weirs level? Is the site free of weir blockage? Is the site free of evidence of short-circuiting? Is scum removal adequate? Is the site free of excessive floating sludge? i Is the drive unit operational? Is the return rate acceptable (low turbulence)? Is the overflow clear of excessive solids/pin floc? Is the sludge blanket level acceptable? (Approximately % of the sidev'iall depth) Comment: Effluent Sampling Is composite sampling flow proportional? Is sample collected below all treatment units? Is proper volume collected? Is the tubing clean? Is proper temperature set for sample storage,(kept at 1.0 to 4.4 degrees Celsius)? Is the facility sampling performed as required by the permit (frequency, sampling type representative)? Comment: Sampling is measured at 400ml/hr. Yes No NA NE ❑❑lid❑ ❑❑❑ �C1❑❑ m ❑ ❑ ❑ ❑❑❑ ❑❑J ❑ ❑ w ❑ IN❑❑❑ lily❑❑❑ ❑❑❑ n1H❑❑ M ❑ ❑ ❑ 0 ❑ Cl ❑ Fa❑❑❑ rfi ❑❑❑ 0 ❑ Page # 5 - .-Michael F. Easley, Governor North Carolina Department or Environv=11m6k, llNa'tuaOResouces P.E.- Director Division of Water Quality Asheville Regional Office SURFACE WATER PROTECTION December 2, 2005 David L Kerr Peppertree Fontana Village NC Hwy 28 Fontana Dam NC 28733 SUBJECT: Compliance Evaluation Inspection Peppertree Fontana Village Permit No: NCO023086 Graham County Dear Mr. Kerr: Enclosed please find a copy of the Compliance Evaluation Inspection Report for. the inspection which Mr. Larry Frost and I conducted at your facility on November 18. 2005. The facility was found to be in Compliance with permit NC0023086. Please refer to the enclosed inspection report for additional observations and comments. If you or your staff, have any questions, please do not hesitate to call me at 828-296-4500. Sincer , Keith Hayne Environmental Specialist Enclosure cc: David L Kerr, ORC - ratralhes Asheville Fll.er No ehCarolina aturalljl 2090 U.S. Highway 70, Swannanoa, NC 28778 Telephone: (828) 296-4500 Fax: (828) 299-7043 Customer Service 1 877 623-6748 United States Environmental Protection Agency EPA Washington, D.C. 20460 Form Approved. OMB No. 2040-0057 Water Compliance Inspection Report Approval expires 8-31-98 Section A: National Data System Coding (i.e., PCS) Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type 1 I NI 2 15I 31 NCO023086 111 '121 05/11/18 117 18I CI 191sI 20I II 21Remarks 1 1 1 1 I I I I I I I I I I I I I I I I I I I I I I 1 1 16 Inspection Work Days Facility Self -Monitoring Evaluation Rating 131 - QA ----- --------------------- Reserved ---------------------- 67I 169 70I 3 1 711 I 72I rt I 73I I 174 75L I I I I I I 180 u� Section B: Facility Data Name and Location of Facility Inspected (For Industrial Users discharging to POTW, also include POTW name and NPDES permit Number) Entry Time/Date Permit Effective Date Peppertree Fontana village 10:00 Am 05/11/18 03/03/01 Exit Time/Date Permit Expiration Date Fontana Village _Resort Fontana Nam NC 28733 10:35 AM 05/11/18 07/10/31 Name(s) of Onsite Rep resentative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data Da-vid L Kerr/0RC/828-498-2211/ Name, Address of Responsible Official/Title/Phone and Fax Number David L F;err,NC 28 Contacted Hwy Fontana Dam NC 26733/,828-498-2211/ No Section C: Areas Evaluated During Inspection (Check only those areas evaluated) Permit 0 Flow Measurement ■ Operations & Maintenance ■ Facility Site Review Effluent/Receiving Waters Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists*as necessary) (See attachment summary) Name(s) and Signatures of Inspector(s) Agency/Office/Phone and Fax Numbers Date Keith Haynes P'0 A .j [Q/// V Larry Fros: s/��Ii ARC, .vQ//828-296-4500 E,;t.4858/ Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date i Roger C Edwards 7 AR-3 `1Q/// EPA Form 3560-3 (Rev 9-94) Previous editions are obsolete. Page # 1 NPDES yr/mo/day NCC';02.3086 1 11 12 [);- 17 :•.5.1../18 I Inspection Type 181 1 Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary) The facility appeared to be operating in compliance with NPDES Permit requirements and was adequately maintained. Page # 2 Permit: NCO023086 Owner - Facility: Peppertree Fontana Village Inspection Date: 11/18/2005 Inspection Type: Compliance Evaluation Permit Yes No NA NE (If the present permit expires in 6 months or less). Has the permittee submitted a new application? ■ n n n Is the facility as described in the permit? ■ fl F1 # Are there any special conditions for the permit? ■ n n n Is access to the plant site restricted to the general public? ■ ❑ ❑ ❑ Is the inspector granted access to all areas for inspection? ■ n n n Comment: Operations & Maintenance Yes No NA NE Is the plant generally clean with acceptable housekeeping? ■ n 00 Does the facility analyze process control parameters,' for ex: MLSS, MCRT, Settleable Solids, pH, DO, Sludge ■ n n n Judge, and other that are applicable? Comment: Facility was. in good operating condition. Bar Screens Yes No NA NE Type of bar screen a.Manual ■ b.Mechanical fl Are the bars adequately screening debris? ■ n n n Is the screen free of excessive debris? ■ n n n Is disposal of screening in compliance? ■ ❑ 171 ❑ Is the unit in good condition? ■ ❑ ❑ ❑ Comment: Grit Removal Yes No NA NE Type of grit removal a.Manual ■ b.Mechanical rl Is the grit free of excessive organic matter? ■ n n n Is the grit free of excessive odor? ■ ❑ ❑ # Is disposal of grit in compliance? ■ n n n Comment: Seconda Clarifier Yes No NA NE Is the clarifier free of,black and odorous wastewater? ■ n n n Page # 3 Permit: NCO023086 Inspection Date: 11/18/2005 Owner - Facility: Peppertree Fontana Village Inspection Type: Compliance Evaluation Secondary Clarifier Yes No NA NE Is the site free of excessive buildup of solids in center well of circular clarifier? n n ■ n Are weirs level? n n ® n Is the site free of weir blockage? ■ n n n Is the site free of evidence of short-circuiting? ■ ❑ ❑ n Is scum removal adequate? ■ n n n Is the site free of excessive floating sludge? ■ n n n Is the drive unit operational? ■ ❑ ❑ Is the return rate acceptable (low turbulence)? n ❑ ❑ ■ Is the overflow clear of excessive solids/pin floc? ■ n n n Is the sludge blanket level acceptable? (Approximately %4 of the sidewall depth) ■ n n n Comment: Aeration Basins Yes No. NA NE Mode of operation Ext. Air Type of aeration system Diffused Is the basin free of dead spots? ■ n n n Are surface aerators and mixers operational? n n ■ ❑ Are the diffusers operational? ■ n n n Is the foam the proper color for the treatment process? ■ n n ❑ Does the foam cover less than 25% of the basin's surface? ■ n n n Is the DO level acceptable? n n n ■ . Is the DO level acceptable?(1.0 to 3.0 mg/1) ❑ n ❑ ■ Comment: Flow Measurement -influent Yes No NA NE # Is flow meter used for reporting? ■ n n n Is flow meter calibrated annually? ■ ❑ ❑ n Is the flow meter operational? ■ n n n (If units are separated) Does the chart recorder match the flow meter? ■ n n n Comment: Effluent Pipe Yes No NA NE Is right of way to the outfall properly maintained? ■ n n ❑ Page # 4 r Permit: NC0023086 Inspection Date: 11/18/2005 Effluent Pipe Owner - Facility: Peppertree Fontana Village Inspection Type: Compliance Evaluation Are the receiving water free of foam other than trace amounts and other debris? If effluent (diffuser pipes are required) are they operating properly? Comment: V- KI, NA RIC 0000 Page # 5 Z5:A gl 6��; 01ttgVim A Great Srnoky .11ountain Destination! May 28, 2005 Mr. Roger C. Edwards Regional Supervisor Division of Water Quality North Carolina Department of Environment and Natural Resources 2090 US Highway 70 Swannanoa NC 28178 RE: NOV-2005-LVO251 Peppertree Fontana Village NCO023086 Dear Mr. Edwards: ® C C�O�� [:JUN - 3 2005 1 / WATER QUALITY SECTION ASHEVILLE REGIONAL OFF;CE I have received your letter dated May, 20, 2005, regarding two additional; exceedences in March 2005at the Fontana Village Wastewater Treatment Plant. We have review the plant operation as it relates to the pH that was exceeded on 3/10/05 and 3/17/05. We are confident it is not a plant issue. After speaking with Janet Cantwell and Carrie Becker on May 19, 2005, Carrie determined that all the other numbers reported indicated a stable plant. The pH exceedence is an anomaly and had to have been introduced into the collection system by the Fontana Village. As an action item, Peppertree Fontana plant operators have been through a refresher training session regarding proper completion of the monthly reports and process control testing. We have continued the four phase pH testing procedure suggested by Carrie Becker. The operators of the WWTP have not been able to identify the root cause of the pH exceedence. We suspect the opening of winterized units that contained RV anti -freeze in the water closets may have attributed to the increase in the pH on those two occasions. It is my understanding that Janet Cantwell and Carrie Becker will be coming to help analyze the system upset in the coming weeks. If you have any questions, please do not hesitate to call me at your convenience. Sincerely, David L. Kerr, ORC Peppertree Fontana Village, Inc. P.O. Box 68 Highway 28 North Fontana Dam, NC 28733 TIe. 1-800-849-2258 Fax. 1-828-498-2209 Emailfontana(�fontanavillage.com www. fontanawdage. com Fadang A Great Smokv .Mountain Destination May 28, 2005 Mr. Roger C. Edwards Regional Supervisor Division of Water Quality North Carolina Department of Environment and Natural Resources 2090 US Highway 70 Swannanoa NC 28778 RE: NOV-2005-LVO249 Peppertree Fontana Village NCO023086 Dear Mr. Edwards: D E C E VE JUN - 3 2005 WATER QUALITY SECTION ASHEVILLE REGIONAL OFFICE Thank you for your letter regarding the exceedence with respect to Fontana Village Wastewater Treatment Plant. We have reviewed the plant operation as it relates to the pH that was exceeded on 1/19/05. We are confident it is not a plant issue. After speaking with Janet Cantwell and Carrie Becker on May 19, 2005, Carrie determined that all the other numbers reported indicated a stable plant. The pH exceedence is an anomaly and had to have been introduced into the collection system by the Fontana Village. As an action item, Peppertree Fontana plant operators have been through a refresher training session regarding proper completion of the monthly reports and has incorporated a four phase pH testing procedure suggested by Carrie Becker. The operators of the WWTP have not been able to identify the root cause of the pH exceedence. We suspect a cleaning process in one of the restaurants or perhaps a chemical change in the laundry facility (either the in house Peppertree laundry or the coin laundry). It is my understanding that Janet Cantwell and Carrie Becker will be coming to help analyze the system upset in the coming weeks. If you have any questions, please do not hesitate to call me at your convenience. Sincerely, � �- Z--- David L. Ken, ORC Peppertree Fontana Village, Inc. P.O. Box 68 Highway 28 North Fontana Dam, NC 28733 T le. 1-800-84 9-2258 Fax. 1-828-4 98-2209 Email fontana (!4 fontanavillage. com www. fontanavillage. com W A r k, I q � -: 7Vlichael;•F. Easley, Governor William G. Ross Jr., Secretary North Carc.;. - Jepartment ofjEnvironme Li c 0 nt and Natural Resources . - - Alan W. Klimek, P.E. Director Division of Water Quality Asheville Regional Office SURFACE WATER PROTECTION May 20, 2005 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7002 0460 00019899 0249 David L Kerr Peppertree Fontana Village NC Hwy 28 Fontana Dam NC 28733 Subject: NOTICE OF VIOLATION Permit No. NCO023086 Peppertree Fontana Village Graham County Dear Mr. Kerr: NOV-2005-LV-0251 A review of Peppertree Fontana Village's monitoring report for March 2005 showed the following violations: Parameter Date Limit Value Reported Value Limit Type pH 03/17/05 9.0 su 9.23 su Daily Maximum Exceeded pH 03/10/05 9.0 su 9.34 su Daily Maximum Exceeded Remedial actions should be taken to correct this problem. The Division of Water Quality may pursue enforcement action for this and any additional violations of State law. It was also noted that the Facility Status box was marked "Compliant" instead of "Noncompliant." To prevent further action, carefully review these violations and deficiencies and respond in writing to this office within ten (10) working days of receipt of this letter. You should address the causes of Y1,2090 U.S. Highway 70, Swannanoa, N.C. 28778 828/296-4500 (Telephone) 828/299-7043(Fax) Customer Service 877-623-6748 NorthCarolina Page 2 non-compliance and all actions taken to prevent the recurrence of similar situations. If you should have any questions, please do not hesitate to contact Janet Cantwell at 828/296-4500. Sincerely, 7 Roger C. Edwards, Regional Supervisor Surface Water Protection cc: WQ Central Files F w a �� Michael F. Easley, Governor �= t ':William G. Ross Jr., Secret ?S rdi Ca ..,, eRart nevi"L.LEnvironment and Natural Resources `Alan W. Klimek, P.E. Director (per Division of Water Quality Asheville Regional Office SURFACE WATER PROTECTION CERTIFIED MAIL May 20, 2005 RETURN RECEIPT REQUESTED 7002 0460 00019899 0263 David L Kerr Peppertree Fontana Village NC Hwy 28 Fontana Dam NC 28733 Subject: NOTICE OF VIOLATION Permit No. NCO023086 Peppertree Fontana Village Dear Mr. Kerr: Graham County NOV-2005-LV-0249 A review of Peppertree Fontana Village's monitoring report for January 2005 showed the following violation: Parameter Date Limit Value Reported Limit Type Value pH 01/19/05 9.00 su 9.23 su Daily Maximum Exceeded Remedial actions should be taken to correct this problem. The Division of Water Quality may pursue enforcement action for this and any additional violations of State law. It was also noted that. the Facility Status box was marked "Compliant" instead of "Noncompliant." To prevent further action, carefully review these violations and deficiencies and respond in writing to this office within ten (10) working days of receipt of this letter. You should address the causes of non-compliance and all actions taken to prevent the recurrence of similar situations. If you should have any questions, please do not hesitate to contact Janet Cantwell at 828/296-4500. Sincerely, Roger C. Edwards, Regional Supervisor Surface Water Protection cc: WQ Central Files 2090 U.S. Highway 70, Swannanoa, N.C. 28778 828/296-4500 (Telephone) 828/299-7043(Fax) Customer Service 877-623-6748 NorthCarolina Michael F. Easley, Governor - William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E. Director Division of Water Quality Asheville Regional Office November 5, 2004 5392 MR. DAVID KERR FONTANA VILLAGE RESORT P.O. BOX 68 FONTANA DAM, NC 28733 Subject: Required 2004 Performance Evaluation Dear Mr. Kerr: Please be reminded that as a requirement of your field parameter certification you must submit an "acceptable" result on a Performance Evaluation Sample for the following parameters if they appear on your certificate: pH, Total Residual Chlorine, Conductivity, and Settleable Solids. While you may obtain guidance and assistance from another laboratory in preparing the samples for analysis you or your personnel must perform the analysis using your instrumentation. The performance sample must be purchased from an approved vendor and the results reported using your EPA lab code. If this office does not receive an acceptable result by December 31, 2004, it will be counted as a first unacceptable result. Due to the short time left until the deadline it is strongly recommended that you order a quick turn around type sample. If you have already submitted results that are pending evaluation please disregard this letter. If you have received results from the vendor, and this has not been acknowledged by this office, please contact me. Contact me at 828-296-4677 if you have any questions concerning this matter. Sincerely, G Gary Francies Laboratory Section cc: James W. Meyer A,k4 d :r nu r8°,4 E North Carolina Division of Water Quality, Laboratory Section 2090 US Highway 70 Swannanoa, NC 28778 Phone (828) 296-4500 FAX (828) 299-7043 Internet: www,dwglab.org An Equal Opportunity/Affirmative Action Employer NNo c hCarohna aturally Customer Service 1-877-623-6748 74 A ,r HYA North Carolina Department of Environment and Natural Resources Division of Water Quality Michael F. Easley, Governor William G. Ross, Jr., Secretary Alan W. Klimek, P.E., Director July 29, 2004 5392 Mr. David L. Kerr Fontana Village Resort PO Box 68 Fontana Dam, NC 28733- SUBJECT: Initial Wastewater/Groundwater Laboratory Certification FIELD PARAMETERS ONLY Dear Mr. Kerr: The Department of Environment and Natural Resources, in accordance with the provisions of NC GS 143-215.3(a) (10), 15 NCAC 2H .0800, is pleased to certify your laboratory to perform specified environmental analysis required by EMC monitoring and reporting regulations 15 NCAC 2B .0500 and 2H .0900 and 2L .0100, .0200, .0300, and 2N .0100 through .0800. A certificate acknowledging the certification of your laboratory is enclosed for your use. The certificate describes the requirements and limits of your certification. Please review this certificate to insure that your laboratory is certified for all parameters required to properly meet your certification needs. Please contact us at 919-733-3908 if you have questions or need additional information. Sincerely, 1. Jamakwlr es W. Meyer Laboratory Section Enclosure Laboratory Section 1623 Mail Service Center, Raleigh, North Carolina 27699-1623 4405 Reedy Creek Road, Raleigh, North Carolina 27607 Phone: 919-733-3908 / FAX: 919-733-6241 / Internet: www.dwqlab.org An Equal Opportunity/Affirmative Action Employer — 50% Recycled/10% Post Consumer Paper AUG - 5 ti00Z LABORATORY SECTION ASHEVILLE REGIONAL OFFICE Nne oithCarolina ;Vaturallff Certificate No. 5392 STATE OF NORTH CAROLINA DEPARTMENT OF THE ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY LABORATORY CERTIFICATION PROGRAM In accordance with the provisions ofN.C.G.S. 143-215.3 (a) (1), 143-215.3 (a)(10) and NCAC 2H.0800: Field Parameter Only FONTANA VILLAGE RESORT Is hereby certified to perform environmental analysis as listed on Attachment I and report monitoring data to DWQ for compliance with NPDES effluent, surface water, groundwater, and pretreatment regulations. By reference 15A NCAC 2H .0800 is made a part of this certificate. This certificate does not guarantee validity of data generated, but indicates the methodology, equipment, quality control procedures, records, and proficiency of the laboratory have been examined and found to be acceptable. This certificate shall be valid until December 31, 2004 W. /1uCIIC55. Attachment North lina Wastewater/Groundwater Laboratory Certi, :)n Certified Parameters Listing FIELD PARAMETERS ONLY Fontana Village Resort Certificate Number: 5392 PO Box 68 Effective Date: 07/29/2004 Fontana Dam, NC 28733- Expiration Date: 12/31/2004 Date of Last Amendment: 07/29/2004 The above named laboratory, having duly met the requirements of 15A NCAC 21-1.0800, is hereby certified for the measurement of the parameters listed below. CERTIFIED PARAMETERS INORGANICS pH Std Method 4500 H B TEMPERATURE Sid Method 2550B This certification requires maintance of an acceptable quality assurance program, use of approved methodology, and satisfactory performance on evaluation samples. Laboratories are subject to civil penalties and/or decertification for infractions as set forth in 15A NCAC 2H.0807. ■ Complete items 1, 2, and 3. Also complete I I A. Signature item 4 if Restricted Delivery is desired. I I X F Agent ■ Pri our name and address on the reverse ❑ Addressee scilIIIIIIIIIIIIli we can return the card to you. _ s.Rec kitedNa�e�I C. Dat f Deli ■ IAathis_card-toeback-of-teaiie.— _� �✓ v North Carolina Department o Idifferentfrom.item 1 Yes Environment and Natural Resource j � i A.161.51L2090 U.S. Highway 70, Swannanoa, NC 2877�ddress.bel w: o NC�- -6 DAVID L KEKR A Type I PEPPERTR�LL FONTANA VILLAGE CertifiedMaI Exprzss Fpj ailN0HIGHWAY 28 Registered ep Qr, erc andise FONTANA DAM NC 28733 �Insured Mai C. I� 4. Restricted Deli g ra ) ��]' es Article Number L (transfer from servlce labei­ 7 0 0 2 0460 0001 98 9 9 0�2 `'�� J , Imo.. IS Form 381'1,'A6gust'2dd1' ' { t Domestic Return Receipt` ` i ' I i tv25 M-i i i i h/UUi-7P)i)_C,- / 1/ �_ 5L UNITED STATES POSTAL SERVICE First -Class Mail Postage & Fees Paid USPS Permit No. G-10 North Carolina D'epartg,';iq'lof= { Environment and ^Natural,Resout2es 2090 U.C. Highway 70. 5wannanoa,`Nc_ 23ta£3 MS. JANET',E-ANTWELL. NCDENR! DWQ SURFACE WATFR PROTECTION 2090 U..S. HIGHWAY 70 SWANNANOA NC 28778 _ J J 11filii!itiillIiiiIIIillid I I I I I dfi III HiliilililiilIli iIII ii ■ Complete items 1, 2, and 3. Also complete A. S' ature ite 4 if Restricted Delivery is desired. a ,�KAgent X ■ Pour name and address on the reverse ❑ Addressee so t we can return the card to you. Attach this card to the back of the mailpiece, B. R by (Print d Name) " C. Date' of7DH? JI iVI. Carolina-Departm �9 ifferent from ite ;[.Yes +,ga Environment and Natural RcSo �c s add belo:� `❑ No ------`�__ 2090 L.S. High,vay 70, Svvannanna, - Nd-'. - IxIUII' DAVID L KERR 3. Service Typ ��� I Q J PEPPERI REE FONTANA VILLAGE �CertifiedMail � ❑ I SSMalFlu- j IGHWAY ?$ Registered 4erchandise ❑ Insured Mail— .�, -CFNP_ VFONTA DA 1/i ��� 28%3j —�- 4. Restricted delivery' (Yes — ?. Article Number service labe7002 0460 0001 9899 0249. (Transfer frory� . i i 1 s sl sssss ss s s s IS Form 381'1, August 20b1 bomestic Return Receipt ' ' ' ' 102595 41 UNITED STATES POSTAL SERVICE First -Class Mail Postage & Fees Paid USPS - - ° - _ _ PerrrliEdalorG1 ' North Carolina Department of - Environment and Natural Resources—OX o v / 2090 U.S. Highway 70, Sd annanoa, Nc 287788 -- NE MS. JAI NET CANTWELL NCDENR-DWQ SURFACE WATER PROTECTION 2090 U.S. HIGHWAY 70 SWANNANOA NC 28778 y IIIiIIiIIiIIII IIII IIIIIIIII Ili m b i!!IIIIIIIIIIh IfIIIIIIIII) ■ Co le items 1, 2, and 3. Also complete A Signature it if Restricted Delivery is desired. J Agent ■ Pri our name and address on the reverse c i Addressee ten_+hat urA ranseturn .tl]e card to y_ou_L @,_Rece y_(Pdnted Name) Cate of Delivery RA North Carolina Department of Environment and Natural Resources ,different from Item 1? ❑Yes �— Division of Water Quality .6ry address below: No NCDENR 2090 U.S. Surface Water Protection Section V Highway 70, Swannanoa, NC 28778 JEANNIE STEWART, GENERAL MANAGER FONTANA VILLAGE RESORT j POST OFFICE BOX 68 PoN ANA DAM NC 28733 1 3. Se a Type Certified Mail Registered ❑ Insured Mail 4. Restricted Delivery? 7006 3450 0002 70L4 2530 -i 9(press Mail Return Receipt for Merchandise C.O.D. rtra Fee) ❑ Yes ?C Fnr `iRi i Fchn ia— ennn o.,#— o--- 1-4 ■ Completo items 1, 2, and 3. Also complete gnature item 4 if Restricted Delivery is desired. —� ■ Print your name and address on the reverse so that we can return the card to you. . Received by (A ■ Attach this card to the back of the mnilniana North Carolina Department of s cliff . s Environment and Natural Resource • rld Division of Water Quaiity/6*v a dress Surface Water Protection Section NCDENR 2090 U.S. Highway 70, Swannanoa, NC? 2877 8' JEANNIE STEWART, GENERAL MANAGER FONTANA VILLAGE RESORT 3 S IceT be i- POST OFFICE BOX 68 Certifi�d I Y�� FONTANA DAM NC 28733❑`Registered:i ' 4. Restricted Dellvery?(Extra Agent dreSSE �. Date of Del' or 1? Yes v, pt for Merchandis ❑Ye, 7010 1870 .0003 0874 6284 , OL) 61a(Q� DO Fnrm 3811 Fahrnani 9nn4 nnmactir. Rabirn Raraint in5sos_ng_ne_irer UNITED STATES POSTAL SERVICE • First -Class Mail 111111 Postage &Fees Paid USPS Permit No. G-10 • Sender: Please print your name, address, and ZIP+4 in this box • JEFF MENZEL NCDENR-DWQ-SWP 2090 U.S. HIGHWAY 70 SWANNANOA NC 28778