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NC0087751_Regional Office Historical File 2000 to 2016
Facility information NPDES permit #: Facility name: WWTP class: WWTP type: WWTP location address: Responsible official: Responsible "'s title: Official's location: Mailing address: Phone numbers: 239-643-41 39-643-7752 Operator information Certified ORC & Grade: Back-up ORC(s): Permit information Date issued: Expiration date: Stream information Stream name & river basin: Sub -basin: Quad: Grid: Stream classification: Drainge basin: IWC: Average stream flow cfs: Summer 7Q10 cfs: Winter 7Q10 cfs: Other information: NC0087751 Linville Heights, LP 11 A to C for: 0.0612 MGD WWTP This facility has not been constructed. Property located'on Hwy 181 Robert E. Devin Secretary Treasurer of Dooner Mgmt, Inc. General Partner 1010 Fifth Avenue, South; Suite 300; Naples, Florida 34102 (same) Robert Devin Fax ORC Back-up ORC n/a n/a 1-1-2010 12-31-2014 Linville River in the Catawba River Basin 03 08 30 Newland, NC C 11 SW C-Trout 10.1 sq. miles 24 3.9 5.9 not constructed; property located on Hwy 181 ��Ut-5e0 AL�A NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary November 23, 2009 Mr. Robert E. Devlin Dooner Management, Inc. P.O. Box 7369 Naples, FL 34101-7369 Subject: Issuance of NPDES Permit NCO087751 Linville Heights WWTP Avery County Dear Mr. Devlin: Division personnel have reviewed and approved your application for renewal of the subject permit. Accordingly, we are forwarding the attached NPDES discharge permit. This permit is issued pursuant to the requirements of North Carolina General Statute 143-215.1 and the Memorandum of Agreement between North Carolina and the U.S. Environmental Protection Agency dated October 15, 2007 (or as subsequently amended). This final permit includes no significant changes from the draft permit sent to you on October 7, 2009. 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 or via e-mail [charles.weaver@ncdenr.gov]. Sin rely, C leen H.:Sulli �s lil I� cc: Central,Xiles__ --- `— -E L� !' 1 �l I 1! DEC —1 2009 a/ eville Regi9na1-Offce/9urfaeeWWater.Prot�c�i on NPDES Unit"`"'' — V^ ATER GUALFY S-C i ION - nr=rnnl,4I r_FFIRr_ 1617 Mail Service Center, Raleigh, North Carolina 27699-1617One g ,1,1'. 512 North Salisbury Street, Raleigh, North Carolina 27604 •NOl l;il�`�l.TO1 na Phone: 919 807-6300 / FAX 919 807.6495 / Internet: www.ncwaterquality.org An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper Admially Permit NCO087751 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, Linville Heights, LP is hereby authorized to discharge wastewater from a facility located at the Linville Heights WWTP NC Highway 181 Montezuma Avery County to receiving waters designated as the Linville River in the Catawba 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 January 1, 2010. This permit and authorization to discharge shall expire at midnight on December 31, 2014. Signed this day November 23, 2009 n H. Sullins, Director Division of Water Quality By Authority of the Environmental Management Commission Permit NC0087751 SUPPLEMENT TO PERMIT COVER SHEET All previous NPDES Permits issued to this facility, whether for operation or discharge are hereby revoked. As of this permit issuance, any previously issued permit bearing this number is no longer effective. Therefore, the exclusive authority to operate and discharge from this facility arises under the permit conditions, requirements, terms, and provisions included herein. Linville Heights, LP is hereby authorized to: 1. After receiving an Authorization to Construct permit from the Division, construct and operate a 0.0612 MGD wastewater treatment facility. This facility will be located near Montezuma off NC Highway 181 at the Linville Heights WWTP in Avery County. 2. Discharge from said treatment works at the location specified on the attached map into the Linville River, classified C-Trout waters in the Catawba River Basin. Permit NCO087751 A. (1) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS During the period beginning on the effective date of the permit and lasting until expiration, the Permittee is authorized to discharge from outfall 001. Such discharges shall be limited and monitored by the Permittee as specified below: PARAMETER LIMITS MONITORING REQUIREMENTS Monthly Average .- "y:Daily Maximum: Meaturement Frequendy: , Sample Type ,. Sample Location, Flow 0.0612 MGD Continuous Recording 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 200 / 100 ml 400 / 100 ml Weekly Grab Effluent Total Nitrogen NO2 + NO3 + TKN Quarterly Composite Effluent Total Phosphorus Quarterly Composite Effluent Total Residual Chlorine (TRC)l 28 Ng/L 2/Week Grab Effluent Temperature (°C) Weekly Grab Effluent pH > 6.0 and < 9.0 standard units Weekly Grab Effluent Footnotes: 1. TRC limit and monitoring requirements apply only if chlorine is used for disinfection. The Permittee shall report all effluent TRC values reported by a NC -certified laboratory [including field -certified). Effluent values below 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. V IT on Latitude: 36°04'04" Longitude: 81°53'05" Quad: Newland, N.C. Stream Class: C-Trout Hydrologic Unit Code: 03050101 Receiving Stream: Linville River NCO087751 Linville Heights WWTP 11 Facility ! Location g I` L Avery County IO�f'R Map Not to scale IPDES Permit Standard Conditions Page 1 of 18 PART II STANDARD CONDITIONS FOR NPDES PERMITS Section A. Definition 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. 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 sumni Lion of the individual values divided by the nuinber of individual values. 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 nLunber 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 Version 512009 )ES Permit Standard Conditions Page 2 of 18 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 (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 nny only be used m 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 systerns 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. D aily_ D ischare 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. The "daily discharge" concentration comprises the mean concentration for a 24-hour sampling period as either a composite sample concentration or the arithmetic mean of all grab samples collected during that period. (40 CFR 122.2) D& 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). D WQ or "the D ivision" The Division of Water Quality, Department of Environment and Natural Resources. 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 closurewill allow this permit to be rescinded. Geometric M can 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. Version 512009 [PDES Permit Standard Conditions Page 3 of 18 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). Hazardous Substance Any substance designated under 40 CFR Part 116 pursuant to Section 311 of the CWA. Instantaneous flow measurement A measure of flow taken at the time of sampling, when both the sample and flow will be representative of the total discharge. 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, the geometric mean of such discharges. Permit IssWnig Authority The Director of the Division of Water Quality. Q uarterly Average (concentration limit) The average 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, the geometric mean of such discharges. Section B. General Coixiitions 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 E40 CFR 122.411. a. The Penmittee 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. Version 512009 )ES Permit Standard Conditions Page 41 of 18 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 unposed 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 my*Wyviolates 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(bX8) of the Act, is subject to criminal penalties of $2,500 to $25,000 per day of violation, or 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. 133 USC 1319 (c) (1) and 40 CFR 122.41 (a) (2)] d. Any person who kmiigy 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. 133 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)(3XBXiii) 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 Lip 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 5 143-215.6A] 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 maxinLnn amount of any Class I 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 11 penalty not to exceed $177,500. [33 USC 1219 (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)]. 3. Civil and Criminal Liability Except as provided in permit conditions on "Bypassing' (Part II. 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 Version 512009 TPDES Permit Standard Conditions Page 5 of 18 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 Permttee 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 Constriction This permit does not authorize or approve the constriction of any onshore or offshore physical structures or facilities or the undertaking of any work in any navigable waters. 7. Severability The provisions of this permit are severable. 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 15013-231. 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 Pernttee 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 autornatic authorization to discharge beyond the expiration date, the Permittee shall submit such information, forms, and fees as are required by the agency authorized to issue permits no later than 180 days prior to the expiration date. Any 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. Siatory Regtureinents All applications, reports, or information submitted to the Perinit 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 Version 512009 )ES Permit Standard Conditions Page 6 of 18 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 axecutive officer or ranking elected official [40 CFR 122.221. 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 drily 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 drily 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 122.221 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 122.221 d. Certification. Any person signing a document under paragraphs a. or b. of this section shall make the following certification [40 CFR 122.221. NO OTHER STATEMENTS OF CERTIFICATION WILL BE ACCEPTED: "1 certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for knowing violations." 12. Permit Actions This permit maybe 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 2H.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 2H.0105 (b) (2) may cause this Division to initiate action to revoke the permit. Version 512009 IPDES Permit Standard Conditions Page 7 of 18 Section C. Operation and Mainteance of Pollution Corrtmis Certified Operator Upon classification of the permitted facility by the Certification Commission, the Permittee shall employ a certified water pollution control treatment system operator in responsible charge (ORC) of the water pollution control treatment system. Such operator must hold a certification of the grade equivalent to or greater than the classification assigned to the water pollution control treatment systen by the Certification Commission. The Permittee must also employ one or more certified Back -Lip ORCs who possess a currently valid certificate of the type of the system. Backup ORCs must possess a grade equal to (or no more than one grade less than) the grade of the system [ 15A NCAC 8G.02011.' The ORC of each Class I facility 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 8G.0204. The ORC of each Class II, III and IV facility 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 ➢ Complywith all other conditions of 15A NCAC 8G.0204. Once the facility is classified, the Permittee shall submit a letter to the Certification Commission designating the operator in responsible charge: a. Within 60 calendar days prior to wastewater being introduced into anew system b. Within 120 calendar days of: ➢ Receiving notification of a change in the classification of the system requiring the designation of a new ORC and backup ORC ➢ A vacancy in the position of ORC or back-up ORC. Proper Operation and Maintenance The Permittee shall at all times provide the operation and maintenance resources necessaryy to operate the existing facilities at optimum efficiency. 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)] Version 512009 )ES Permit Standard Conditions Page 8 of 18 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 6f the anticipated quality and effect of the bypass. (2) Unanticipated bypass. The Permittee shall submit notice of an unanticipated bypass as required in Part I I. 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 shoutld 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. (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. 0) 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. B. 2. of this permit. c. Burden of proof [40 CFR 122.41 (n) (4)1: 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 N CGS 143-215.1 and in a manner such as to prevent any pollutant from such materials from entering waters of the State or navigable waters of the United States. The Permittee shall comply with all existing Federal regulations governing the disposal of sewage sludge. Upon promulgation of 40 CFR Part 503, any permit issued by the Permit Issuing Authority for the utilization/ disposal of sludge may be Version 512009 [PDES Permit Standard Conditions Page 9 of 18 reopened and modified, or revoked and reissued, to incorporate applicable requirements at 40 CFR 503. The Permittee shall comply with applicable 40 CFR 503 Standards for the Use and Disposal of Sewage Sludge (when promulgated) within the time provided in the regulation, even if the permit is not modified to incorporate the requirement. The Permittee shall notify the Permit. Issuing Authority of any significant change in its sludge use or disposal practices. 7. Power Failures The Permittee is responsible for maintaining adequate safeguards (as required by 15A NCAC 2H.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. SectionD. MpWLon ft and Records Representative Sampling Samples collected and measurements taken, as required herein, shall be characteristic of the volume and nature of the permitted discharge. Samples collected at a frequency less than daily shall be taken on a day and time that is characteristic of the discharge over the entire 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 122.41 (j)]. 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: NC DENR / Division of Water Quality/ Water Quality Section ATTENTION: CentmlFiiles 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 vol-Lune 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 100/6 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://1-2o.enr.state.nc.us/lab/cert.htm) for information regarding laboratory certifications. Version 512009 )ES Permit Standard Conditions Page 10 of 18 Personnel conducting testing of field -certified parameters must hold the appropriate field parameter 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 pert -nit 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 putnished by a fine of not more than $10,000 per violation, or by imprisonment for not more than two years per violation, or by both. If a conviction of a person is for a violation committed after a first conviction of such person under this paragraph, punishment is a fine of not more than $20,000 per day of violation, or by imprisonment of not more than 4 years, or both [40 CFR 122.411. 6. Records Retention Except for records of monitoring information required by this 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 122.411. 7. Recording Results For each measurement or sample taken pursuant to the requirements of this permit, the Permittee shall record the following information [40 CFR 122.411: a. The date, exact place, and time of sampling or measurements; b. The individual(s) who performed the sampling or measurements; c. The date(s) analyses were performed; d. The individual(s) who performed the analyses; e. The analytical techniques or methods used; and f. The results of such analyses. 8. Inspection and Entry The Permittee shall allow the D ircctor, 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 bylaw, to; a. Enter upon the Permitted's premises where a regulated facility or activity is located or conducted, or where records must be kept under the conditions of this permit; Version 512009 TPDES Permit Standard Conditions Page 11 of 18 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 Resting Regitineinet�ts 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). 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 approval from the Director. The Director may require modification or revocation and reissuance of the permit to document the change of ownership. Any such action may incorporate other requirements as may be necessary under the CWA [40 CFR 122.41 a) (3)] . 5. Monitoring Reports Monitoring 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 I1. 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, 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 122.410) (6)]. Version 512009 )ES Permit Standard Conditions Page 12 of 18 b. The Director may waive the written report on a case -by -case basis for reports Colder 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. 5 and 6. of this pernnit at the time monitoring reports are submitted. The reports shall contain the information listed in Part II. E. 6. of this permit [40 CFR 122.410) (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 122.410) (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 pLunps, 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. 10. Availability of Reports Except for data determined to be confidential -under NCGS 143-215.3 (aX2) or Section 308 of the Federal Act, 33 USC 1318, all reports prepared in accordance with the terns 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. 11. Penalties for Falsification of Reports The CWA provides that any person who knowingly makes any false statement, representation, or certification in any record or other document submitted or required to be maintained -older this permit, including monitoring reports or reports of compliance or noncompliance shall, upon conviction, be punished by a fine of not more than $25,000 per violation, or by imprisonment for not more than two years per violation, or by both [40 CFR 122.411. 12. Anrnial 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. Version 512009 TPDES Permit Standard Conditions Page 13 of 18 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 / DWQ / Central Files 1617 Mail Service Center Raleigh, NC 27699-1617 PART III OTHER REQUIREMENTS SectionA. Constiuction 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 the Division has issued an Authorization to Construct (AtC) permit. Issuance of an AtC will not occur until Final Plans and Specifications for the proposed constriction have been submitted by the Permittee and approved by the Division. Section& Grou xl,"uterMorritoru The Permittee shall, upon written notice from the Director, conduct groundwater monitoring as maybe required to determine the compliance of this NPDES permitted facility with the current groundwater standards. Section C. Glees in DisclrMes 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 pernut, if that discharge will exceed the highest of the following "notification levels"; 0) One hundred micrograms per liter 000 pg/L); (2) Two hundred micrograms per liter (200 pg/L) for acrolein and acrylonitrile, five hundred micrograms per liter (500 pg/L) for 2.4-dinitrophenol and for 2-methyl-4.6-dinitrophenol; and one milligram per liter 0 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"; 0) Five hundred micrograms per liter (500 pg/L); (2) One milligram per liter 0 mg/L) for antimony, (3) Ten times the maximum concentration value reported for that pollutant in the permit application. SectionD. Evaluation of Wastewater Discl eAlternatives The Permittee shall evaluate all wastewater disposal alternatives and pursue the most environmentally sound alternative of the reasonably cost effective alternatives. If the facility is in substantial non-compliance with the terms and conditions of the NPDE S permit or governing rules, regulations or laws, the Permittee shall submit a report in such form and detail as required by the Division evaluating these alternatives and a plan of action within 60 days of notification by the Division. Section E . Facility Closure Recluhrnbetrts 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 512009 )ES Permit Standard Conditions Page 14 of 18 PART IV SPECIAL CONDITIONS FOR MUNICIPAL FACILITIES SectionA. Defuutions 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 wider section 307(b), (c) or (d) of the CWA. [40 CFR 403.3 (b) (i) and (j)] 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 POTWs NPDE S Permit or prevents sewage sludge use or disposal in compliance with specified applicable State and Federal statutes, regulations, or permits. [15A NCAC 2H.0903 (b) (13)] Pass Through A discharge winch 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 POTW s NPDES permit, or of aninstream water quality standard. [15A NCAC 2H.0903 (b) (23)] Publicly Owned Treatment Works (POTW) A treatment works as defined by Section 212 of the CWA, owned by a State or local government entity. 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 sewers, pipes, and other conveyances only if they convey wastewater to a POTW. The term also means the local government entity, 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. [15A NCAC 2H.0903 (b) (27)] "Significant Industrial User" or "SIU" An industrial user that discharges wastewater into a publicly owned treatment works and that [15A NCAC 2H.0903 (b) (34)1: (a) discharges an average of 25,000 gallons or more per day of process wastewater to the POTW (excluding sanitary, noncontact cooling and boiler blowdown wastewaters) or; (b) contributes more than 5 percent of the design flow of the POTW treatment plant or more than 5 percent of the maximum allowable headworks loading of the POTW treatment plant for any pollutant of concern, or; (c) is required to meet a national categorical pretreatment standard, or; (d) is, regardless of Parts (a), (b), and (c) of this definition, otherwise determined by the POTW, the Division, or the EPA to have a reasonable potential for adversely affecting the POTWs operation or for violating any pretreatment standard or requirement or POTWs receiving stream standard, or to limit the POTWs sludge disposal options. Section & Publicly 0wmd T reatrne1A Works (POT Wsi All POTWs are required to prevent the introduction of pollutants into the POTW which will interfere with the operation of the POTW, including interference with its use or disposal of municipal sludge, or pass through the treatment works or otherwise be incompatible with such treatment works. [40 CFR 403.21 All POTWs must provide adequate notice to the Director of the following [40 CFR 122.42 (b)]: Version 512009 dPDES Permit Standard Conditions Page 15 of 1.8 1. Any new introduction of pollutants into the POTW from an indirect discharger, including pump and hauled waste, 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 Polluwts fiom Industrial Users. Effluent limitations are listed in Part I of this permit. Other pollutants attributable to inputs from industries using the municipal system 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. Prohibited Discharges a. Under no circumstances shall the Permittee allow 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 2H.0900 and 40 CFR 403. [40 CFR 403.5 (a) (1)] b. Under no circumstances shall the Permittee allow 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 may 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 400C (104°F) unless the Division, upon request of the POTW, approves alternate temperature limits; 6. Petroleum oil, nonbiodegradable 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; 8. Any tricked or hauled pollutants, except at discharge points designated by the POTW. C. The Permittee shall investigate the source of all discharges into the WWTP, 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 WWTP. The Permittee shall report such discharges into the WWTP to the Director or the appropriate Regional Office. Any information shall be provided orallywithin 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 Version 512009 )ES Permit Standard Conditions Page 16 of 18 and times; and 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, 3. With regard to the effluent requirements listed in Part I of this permit, it may be necessary for the Permittee to supplement the requirements of the Federal Pretreatment Standards (40 CFR, Part 403) to ensure compliance by the Permittee with all applicable effluent limitations. Such actions by the Permittee maybe necessary regarding some or all of the industries discharging to the municipal system. 4. The Permittee shall require any industrial discharger sending its effluent to the permitted system to meet Federal Pretreatment Standards promulgated in response to Section 307(b) of the Act as amended (which includes categorical standards and locally derived luzuts and narrative requirements). Prior to accepting wastewater from any significant industrial user, the Permittee shall either develop and submit to the Division a new Pretreatment Program or a modification of an existing Pretreatment Program, for approval as required Linder section D below as well as 15A NCAC 2H.0907 (a) and (b). [40 CFR 122.44 Q (2)] 5. This permit shall be modified, or alternatively, revoked and reissued, to incorporate or modify an approved POTW Pretreatment Program or to include a compliance schedule for the development of a POTW Pretreatment Program as required under Section 402 (b) (8) of the CWA and implementing regulations or by the requirements of the approved State pretreatment program, as appropriate. Section D. Pretreatment PMratns Under authority of sections 307 (b) and Qand 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 2H.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 122.44 Q (2)] The Permittee shall operate its approved pretreatment program in accordance with Section 402 (b) (8) of the CWA, 40 CFR 403, 15A NCAC 2H.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 2H.0903 and 40 CFR 403.3. Sewer Use Ordinance (SUO) The Permittee shall maintain adequate legal authority to implement its approved pretreatment program. [15A NCAC 2H.0905 and .0906; 40 CFR 403.8 (f) (1) and 403.9 (1), (2)] 2. Industrial Waste Survey (IWS) The permittee shall implement an IWS consisting of the survey of users of the POTW, as required by 40 CFR 403.8 (f) (2) (i-iii) and 15A NCAC 21-1.0905 [also 40 CFR 122.44 Q (1)], including identification of all industrial users 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. 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 B, 2, c, of this Part. 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 Part II, Section D, and Section E .5.). [15A NCAC 2H.0906 (b) (2) and .09051 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 Version 512009 1PDES Permit Standard Conditions Page 17 of 18 updated HWA or documentation of why one is not needed) [40 CFR 122.441. The Permittee shall develop, in accordance with 40 CFR 403.5 (c) and 15A NCAC 2H.0909, specific Local Limits to implement the prohibitions listed in 40 CFR 403.5 (a) and (b) and 15A NCAC 2H.0909. 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 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 2H.0909, .0916, and .0917; 40 CFR 403.5, 403.8 (f) (1) (iii); NCGS 143- 215.67 (a)] 6. 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 2H.0906 (b) (6) and .0905; NCGS 143- 215.1 (a) (8)] 7. POTW Inspection & Monitoring of their SIUs 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 2H.0908 (d); 40 CFR 403.8 (f) (2) (v)] The Permittee must: a. Inspect all SIUs at least once per calendar year; and b. Sample all SIUs at least twice per calendar year for all permit -limited pollutants, once during the period from January 1 through June 30 and once during the period from July 1 through December 31, except for organic compounds which shall be sampled once per calendar year. For the purposes of this paragraph, "organic compounds" means the types of compounds listed in 40 CFR 136.3 (a), Tables IC, ID, and IF, as amended. 8. SIU 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 2H.0908. [15A NCAC 2H.0906 (b) (4) and .0905; 40 CFR 403.8 (f) (1) (v) and (2) (iii); 40 CFR 122.44 Q) (2)] 9. EnforcementResponsePlan (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 463.5 and 15A NCAC 2H.0909, and specific local limitations. All enforcement actions shall be consistent with the Enforcement Response Plan (ERP) approved bythe Division. [15A NCAC 2H.0906 (b) (7) 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 2H.0908. In lieu of submitting annual reports, Modified Pretreatment Programs developed under 15A NCAC 2H.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. Version 512009 )ES Permit Standard Conditions Page 18 of 18 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 twelve months to the Division at the following address: NC DENR / DWQ / Pretreatment, Emergency Response, and Collection Systems Unit WE RCS) 1617 Mail Service Center Raleigh, NC 27699-1617 These reports shall be submitted according to a schedule established by the Director and shall contain the f ollowing: a.) Narrative A brief discussion of reasons for, status of, and actions taken for all SIUs in Significant Non -Compliance (SNC); b.) Pretreatment Proexarn Suimmary (PPS) A pretreatment program su rrumary (PPS) on specific forms approved by the Division; c.) Significant Non Compliance Report (SNCR) The nature of the violations and the actions taken or proposed to correct the violations on specific forms approved by the Division; d.) Industrial Data SummgtyForrns (IDSF) Monitoring data from samples collected by both the POTW and the SIU. These analytical results must be reported on Industrial Data Summary Forms (IDSF) or other specific format approved by the Division; e.) Other Information Copies of the POTW s allocation table, new or modified enforcement compliance schedules, public notice of SIUs in SNC, 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 fist of SIUs that were in SNC as defined in the Permitteds 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 2H.0903 (b) (35)..0908 (b) (5) and .0905 and 40 CFR 403.8 (f) (2) (vii)] 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. [15A NCAC 2H.0908 (f); 40 CFR 403.12 (o)] 13. Fuulding and Financial Report The Permittee shall maintain adequate funding and staffing levels to accomplish the objectives of its approved pretreatment program. [15A NCAC 2H.0906 (a) and .0905; 40 CFR 403.8 (f) (3),403.9 (b) (3)] 14. Modification to Pretreatment Prog<-ams Modifications to the approved pretreatment program including but not limited to local limits modifications, POTW monitoring of their SIUs, and Monitoring Plan modifications, shall be considered a permit modification and shall be governed by 15 NCAC 2H.0114 and 15A NCAC 2H.0907. Version 512009 ■�xw 1l u,)),k,\\ Facility Information Latitude: 36'04'04" Sub -Basin: 03-08-32 Longitude: 81°53'05" Quad N: C11Sw Stream Class: C Trout Receiving Stream: Linville River Permitted Flow: 0.036 MGD A 11N It " — ` ! 4 • rp • '1 PLel i/ / Linville Heights vwu� NC0087050- , outfall 0oi 11 / 1Lake Q.I.f.;CaurSp, 1 } �r fir% r' f�� f�� �� � '� • °.%; �. ®�® MAR 1 7 (2005 � NCDENR North Carolina Department of Environment and Natural RnAoarcesQUALITY SECTION Division of Water Quality S EVILLE REGIONAL OFFICE Michael F. Easley, Governor William G. Ross, Jr., Secretary Alan W. Klimek, P.E., Director March 16, 2005 Mr. Robert E. Devlin Linville Heights, LP 1010 Fifth Avenue South, Suite 300 Naples, Florida 34102 Subject: Issuance of NPDES Permit NCO087751 Linville Heights WWTP Avery County Dear Mr. Devlin: 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 May 9, 1994 (or as subsequently amended) . This final permit includes no major changes from the draft permit sent to you on December 8, 2004. The North Carolina Wildlife Resources Commission (WRC) submitted several comments on the draft permit, expressing concern over potential impacts to downstream aquatic life from this wastewater discharge: ➢ The WRC expressed concerns over the potential use of chlorine for disinfection and its toxicity to aquatic life. In response, the Division encourages the permittee to consider UV disinfection if economically and technically feasible. If chlorine is used for disinfection, take care to avoid overdosing during chlorination. ➢ The WRC also expressed a concern about the reliability of privately owned treatment plants. The Division responded that standby power is a requirement for all new and expanding facilities. ➢ The WRC recommended that this facility connect to a publicly owned treatment works (POTW) when available. The Division responded that smaller facilities are encouraged to connect to regional facilities when economically and technically feasible. ➢ Finally, WRC expressed concerns about ammonia toxicity. The Division responded that ammonia limitations will be reevaluated if there is a change to the ammonia water quality standard or if a site -specific management strategy (per 15A NCAC 213.0110) is developed for federally listed threatened/endangered aquatic species in this area. 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 One 512 North Salisbury Street, Raleigh, North Carolina 27604 NorthCarolina Phone: 919 733-5083 / FAX 919 733-0719 / Internet: h2o.enr.state.nc.us Naturally An Equal Opportunity/Affirmative Action Employer — 50% Recycled/10% Post Consumer Paper 00 Issuance of permit NC0087751 � Page 2 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, ORIGINAL SIGNED By SUSAN A. WILSON Alan W. Klimek, P.E. cc: Central Files Asheville Regional Office/Water Quality Section, NPDES Unit - NC Wildlife Resources Commission Permit NCO087751 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, Linville Heights, LP is hereby authorized to discharge wastewater from a facility located at the Linville Heights WWTP NC Highway 181 Banner Elk Avery County to receiving waters designated as the Linville River in the Catawba 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 May 1, 2005. This permit and authorization to discharge shall expire at midnight on December 31, 2009. Signed this day March 16, 2005. ORIGINAL SIGNED SO13Y SUS Alan W. Klimek, P.E., Director Division of Water Quality By Authority of the Environmental Management Commission I 00 �4 Permit NC0087751 SUPPLEMENT TO PERMIT COVER SHEET All previous NPDES Permits issued to this facility, whether for operation or discharge are hereby revoked. As of this permit issuance, any previously issued permit bearing this number is no longer effective. Therefore, the exclusive authorityto operate and discharge from this facility arises under the pen -nit conditions, requirements, terms, and provisions included herein. Linville Heights, LP is hereby authorized to: 1. After receiving an Authorization to Construct permit from the Division, construct and operate a 0.0612 MGD wastewater treatment facility. This facility will be located near Banner Elk off NC Highway 181 at the Linville Heights WWTP in Avery County. 2. Discharge from said treatment works at the location specified on the attached map into the Linville River, classified C-Trout waters in the Catawba River Basin. Permit NCO087751 A. (1.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS During the period beginning on May 1, 2005 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 Monthly Average ._.. Daily Maximum Measurement.: frequency.: Sample Type Sample Location Flow 0.0612 MGD Continuous Recording 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 NH3as N 2/Month Composite Effluent Fecal Coliform (geometric mean 200 / 100 ml 400 / 100 ml Weekly Grab Effluent Total Nitrogen (NO2 + NO3+ TKN) Quarterly Composite Effluent Total Phosphorus Quarterly Composite Effluent Total Residual Chlorine (TRC)' 28 Ng/L 2/Week Grab Effluent Temperature (2C) Weekly Grab Effluent pH > 6.0 and < 9.0 standard units Weekly Grab Effluent Footnotes: I. TRC limit and monitoring requirements apply only if chlorine is used for disinfection. There shall be no discharge of floating solids or visible foam in other than trace amounts. V, on A Latitude: 36N4'04" Longitude: 81°53'05" Quad: Newland, N.C. Stream Class: C Trout Subbasin: 30830 Receiving Stream Linville River 0KIIII:MI&I LinviLLe Heights WWTP 1� Facility Location %�ttit NOT TO !CALIF 1, DENR/ DWQ .. FACT SHEET FOR NPDES PERMIT DEVELOPMENT NPDES No. NCO087050 ; Facili , "Classification€ NA Colin very Miseellaneous Receivin 'Stream: Linville River Re Tonal "Office:. Asheville Stream C assificatiori . C Trout USG:S To o.Quad::" C11SW Newland, N.C. 303(dir Listed?: "` No _...: Permit Writer:' Jackie Nowell :Bubb in. 03-08-30 Date:: February 5, 2003 Drainer a Area" mil : ` 10.1 Summer 7Q 10 cfs 3.9 '��gk f " Whiter 7Q.10.(cf.) 5.9 ' Avera e Flow cf's :: 24 :. Prim ' " S1C Code: 4952 SUMMARY OF FACILITY INFORMATION AND WASTELOAD ALLOCATION Linville Heights is a proposed single family and multifamily residential development in Avery County, NC. The proposed site is nearly 215 acres and is woody, mountainous terrain at this time. The current master plan calls for 170 single family lots, which would be served by a private water system and would utilize septic tanks and drain fields for the wastewater disposal. The other areas of development would be dedicated to high -density patio homes and multi -family use. These areas would be served by a private water system and an NPDES permit for the discharge treated wastewater from a WWTP on site serving the. high -density development only. The wastewater would be 100% domestic and flow would come from 170 three bedroom multi -family patio home units. A total flow of 61,200 gpd is expected. The subdivision will be located near Linville and Newland. The Linville River and its tributaries are not listed on North Carolina's 2000 303(d) list. The use support rating for Linville River from source to Grandmother Creek (6.4 miles) is fully supporting. The major source is nonpoint, the problem parameter is sediment and the possible source is urban non -development. The biological assessment of Linville River in 1997 was Good -Good. Significant additional permitting notes attached. Recommended Effluent Limits Qw = 0.0612 MGD BOD5 = 30 mg/1 TSS = 30 mg/1 NH3 monitoring Fecal Coliform = 200/ 100m1 TRC = 28 ug/1 pH = 6-9 SU Weekly monitoring for temperature TOXICITY TESTING: Not a Requirement of this permit. COMPLIANCE_ SUMMARY: Facility not built yet. Linville Heights Fact Sheet NPDES Renewal Page 1 CJ INSTREAM MONITORING: Not recommended for this permit PROPOSED SCHEDULE FOR PERMIT ISSUANCE: Draft Permit to Public Notice: 02 / 12 / 2003 Permit Scheduled to Issue: STATE CONTACT: If. you have any questions on any of the above information or on the attached permit, please contact Jackie Nowell at (919) 733-5083 ext. 512. NAME:—�""`:/ I-41 /"`^' DATE: 01-L . REQWNAL QYFFICE COMMENT: NAME: DATE: NPDES SUPERVISOR COMMENT: NAME: DATE: W Linville Heights Fact Sheet NPDES Renewal Page 2 0 INSTREAM MONITORING: Not recommended for this permit PROPOSED SCHEDULE FOR PERMIT ISSUANCE: Draft Permit to Public Notice: 02 / 12 / 2003 Permit Scheduled to Issue: STATE CONTACT: If you have any questions on any of the above information or on the attached permit, please contact Jackie Nowell at (919) 733-5083 ext. 512. NAANAL, DATE: REFICECOM ENT: NL-� ell W/1 /s J��jJ/Ne �� �SGkssty� /i•"s. fo S NAME: G& DATE:�%�6��%1'� NPDES SUPERVISOR COMMENT: NAME Linville Heights Fact Sheet NPDES Renewal Permit and Engineering Report Notes NC0087050 Linville Heights WWTP Linville River 030830 Linville Heights Limited Partnership is requesting a NPDES permit for the proposed Linville_ Heights subdivision, in Banner Elk NC. The project is for subdivision with 100 multi -family patio homes, with a proposed discharge point to UT Linville River. Per the application letter, the design flow would be 36000 GPD of 100% domestic wastewater. The partnership has previously developed the Crooked Creek Subdivision in Banner Elk. The ww would be 100% domestic with an expected influent BOD of 200mg/1 and TSS of 200 mg/l. Flow from 100 3-brdroom multi-family/patio home units with a total flow of 36000 GPD. There will also be 130 single-family lots in the project HOWEVER WW FLOWS FROM THIS AREA OF THE DEVELOPMENT WOULD BE DISPOSED OF BY CONVENTIONAL SEPTIC TANKS AND DRAIN FIELDS FOR EACH LOT. Waste treatment and disposal options - • Alternate 1 - ww pump station and gravity sewer to the Town of Newland collection system. Would include construction of a pumping station, through a force main approx. 2000 LF and constructing gravity sewer lines to the Town of Newland collection system. Line would extend over 2 miles to the collection system. Approximately 15000 LF of line along Kentucky Creek. Could take several years to obtain easements across private property and very costly (estimated at $75,000 for admin and easements). Report says Newland under moratorium for new sewer services until the Towns' Dlant is upgraded and expanded. M�� � Estimated cost $1.2 M Per Mike Parker of ARO (5/17/01). The moratorium is self-imposed; Newland is getting money to expand the treatment Permit and plant. Linville Resorts, another nearby treatment plant will not take the wastewater from this proposed project. It could connect to the hospital pump station, but Linville Resorts wants to keep for themselves. Engineering Report Notes NC0087050 Page 2 Alternate 2 - On site WWTP and gravity effluent line to Linville River. Construct a WWTP and 8 inch effluent line to Linville River. Majority of line in DOT right of way, however several private easements to discharge to the Linville River. Estimated cost: $560K. Cost of obtaining easements was not listed for Alternate 2. Length of time to get easements not mentioned. Who owns these private easements? Mike Meyers indicates that DOT will not grant right of way to private entities. Has Linville Heights talked with DOT about obtaining these easements, this may be a major obstacle to the completion of the project? • Alternate 3 - Onsite WWTP and onsite discharge to UT Linville River. Construct a WWTP and line to UT Linville River. WWTP and line entirely on Linville Heights property. No extensive amount of outfall line to be constructed. Estimated cost: $390K. There is no cost listed for outfall line at all Alternate 3. Length of time to get easements not mentioned. Who owns these private easements? No private easements to obtain 'Estimate that flow for discharge at Alternate 3 is 7Q10 =0 and 30Q2 = 0. No discharge will be allowed at this site. Alternate 4 -septic tanks and drain fields for entire project. Planned density of 100 units is not feasible to provide individual disposal systems. Would have to be scaled down from 100 units to 25-30 units. These apartments would be constructed to make development of the remainder of the project feasible. The Linville Heights financial plan is predicated on building the entire 100 multifamily units. Estimated cost for 30 units: $99K 5/ 17/01 - telecon with John Coxey, engineer for project - All property has been purchased already. Phase 1 - 100 3 bedroom units @ 120 gpd/bedroom = 36000 GPD The estirriate about the reduction to 34: units is based on discussions with the --owner. The condos are high density and would generate the most money fastest. Could put 10 condos on 1 acre. No place to put septic tanks and drain fields. SFR in next phase would be on 1 acres. This project is to generate money for next phase. 6/4/01 - received amendment and additional info on subsurface and surface disposal and re -use options for ww disposal. -Report states that although the project site has 215 acres, very little is suitable for underground disposal such as septic tank/ drain field systems, low pressure pipe systems, or spray or drip irrigation. Soil surveys inform obtained from US conservation service in Avery co. Soils types on this site- 68 D, 68E, 18D, 68C 68E poorly suited for dwellings, poorly suited for septic tank absorption fields, because of steepness of slope and depth to bedrock, poorly suited for local roads and streets. Poorly Suited for lawns and landscapes e Engineering Report Notes NCO087050 Page 3 68C suited for dwellings, poorly suited for septic tank absorption fields, because of depth to bedrock, suited for local roads and streets. Suited for lawns and landscapes 68D suited to poorly suited for dwellings, poorly suited for septic tank absorption fields, because of depth to bedrock, suited for local roads and streets. Suited to poorly suited for lawns and landscapes 18D suited to poorly suited for dwellings, poorly suited for septic tank absorption fields, because of steepness of slope, restricted permeability and seeps and springs, depth to bedrock, suited for local roads and streets. Suited to poorly suited for lawns and landscapes If this site is not suited for septic tanks, where will Phase II he built that is supposed to use septic tanks and drain fields only. 8/21/01 - telecon with J. Coxey. Alternate 2 can reach Linville River okay. The roadway pipe is fairly deep in the ground in opposite direction. The client went to Linville Resorts and asked them for connection and the answer was no. Linville Resorts wants to keep all their capacity. (Mike Parker of ARO confirms that Linville Resorts will not allow connection.) Phase 1 is located about 1/2 mile from where Phase II is available Pas n�pyy� May have to condemn property to get easements. There is a lot of property where lines would cross. Level E Modeling The proposed Linville Heights WWTP is located 0.8 miles downstream of the Linville Resorts WWTP and will be included in the existing Level B model for Linville Resorts and GGCC facility. Will also determine if there is NH3 interaction and what the NH3 toxicity limits should be for Linville Heights. Level B model included discharges from GGCC (Grandfather Golf and Country Club), Linville Resorts, and Linville Heights. The model began at GGCC, with Linville Resorts at a distance of 0.9 miles downstream. The confluence of the West Fork Linville River was 0.1 mile below Linville Resorts with an estimated 7Q 10 flow at the mouth of 1.6 cfs. Linville Heights is proposed to discharge 0.8 miles below the WIT Linville River. The model is extended 1. 2 miles beyond the Linville Heights discharge point. The model results predict a DO minimum of 7.04 mg/l, which occurs at the GGCC discharge. A previous model for only the GGCC and Linville Resorts discharges indicated NH3 interaction between the two. NH3 toxicity limits were calculated and given to both discharges that would protect the instream NH3 criteria of 1 mg/1. With 9 i W Permit and Engineering Report Notes NCO087050 Page 4 the proposed addition of another discharger downstream, the NH3 toxicity and interaction issue was reviewed again. The new model results indicated that though there was still interaction between GGCC and Linville Resorts, there was no interaction with the proposed Linville Heights discharge. Linville Heights could discharge up to 20 mg/l NH3 and there would be no interaction with the other facilities. Effluent limits for the proposed Linville Heights WWTP would be 30/30 limits. February 13, 2002 - drafted permit for Linville Heights was to go to notice on February 20, 2002. Permitted wasteflow was 36,000 GPD and limits were 30/30 February 15, 2002 - received from J. Coxey revised copies of the engineering report including an addendum for the facility. In addition, they enclosed letters from the Town of Newland and Linville Resorts. Newland stated they are presently in upgrading and expanding their system. After completion of the upgrades, they hope that between October 2003 and April 30, 2004, the Town would be able to accept new customers or even allow a development with the understanding that 100% of cost to connecting would be borne by the company. Linville Resorts indicated that they cannot accept wastewater flows from Linville Heights. Have accepted wastewater from a hospital as a community service. In previous telecons, I had indicated to Mr. Coxey that Alternate #3 discharge to the UT Linville River would not be allowed because it was a zero flow stream. They would have to choose a site with positive flow. They revised the engineers report and provided easement costs. The owner of Linville Heights requested that design flow be -changed from 36,000 GPD to 61,200 GPD based on 170, 3 bedroom multifamily units. This is an increase of 70 units from the original application request for 100 3 BR multifamily units. 6/ 14/02 -Correspondence from John Coxey, with letter from DOT concerning an encroachment (right of way) permit that can granted for an effluent discharge line. Permit and Engineering Report Notes NC0087050 Page 5 7/23/02 - Consultation w/ D.Goodrich - due to the facility's proposed location in the Catawba River Basin and The Catawba Riverkeeper, there may heavy scrutiny for a new discharger. Recommends a group review to make sure that all alternatives have been covered. Talked about connection to Newland being possible in 2003-2004 but the cost of connection was twice the price of WWTP construction and discharge to river. DAG says there is a 10%-15% threshold for consideration, when comparing connection costs to construction cost. If it only costs 10-15% more to connect, then NPDES recommends connection as opposed to individual discharge to stream. 7/26/02 - Group Review of EAA - T. Belnick, S. Wilson, T. Rodriguez and J. Nowell EAA still needs a lot of info. Overall recommendation was to return the EAA package to owner. • Need update of Local Gov. signoff sheet for additional 70 units to be built. • Needs to reference unit costs. Provide references for cost of high dollar items and what they are based on. • Need to calculate soil loading application rates & how many acres needed for the project • Need site map that shows where units will be built on the property • Need to review spray irrigation and drip alternatives • Need soil analysis 7/31/02 - returned application and both EAAs to the owner of Linville Heights. Itemized issues that still need to be addressed. There will be no fee for resubmittal. 8/30/02 - received resubmittal of info for Linville Heights included soil analysis report, 20 year recurring costs, site map, references for costs, local government signoff, etc. There was no new application and information that was previously submitted was not returned i.e. letters from Linville Resorts, Newland, DOT, noting that right of way would be granted, connection would not be allowed, etc. 9/ 13/02 -group review w/ DAG, NVS, and JC. 1) Recommended that JR Joshi in nondischarge review the soils study and determine whether loading rates, etc. -are valid. 2) Do 20-year recurring costs on spreadsheet 3) Verify that unit costs are okay 9/30/02 - JR Joshi had reviewed the soil report and maps, indicated that the surface disposal alternative had not been completely evaluated. Recommended that they provide details on why this site as a whole (or portion of it) is unsuitable for subsurface systems of waste disposal. Please clearly state the LI Permit and Engineering Report Notes NCO087050 Page 6 criteria and land area that may be affected by such criteria. Provide maps if necessary. 10/3/02 - Will write an additional info letter to Mr. Coxey asked for info requested by JR and let him know that a new application was not received for this project and that much information that was returned to the owner will have to be resubmitted with the new application. 10/4/02 - Per telecon with Mr. Coxey told him about needing clarification on nondischarge issues. He asked for a letter detailing when project/permit would be complete for the investors of Linville Heights project. He agreed to draft letter for my signature and email for my review. Received email letter on October 11th. Sent out editted letter to Mr. Franklin on October 22nd. Told him that decision would be made within 60-120 days. 10/21/02 - received additional non -discharge info from Coxey. 10/24/02 - asked J.R. to review additional info. J.R. reviewed and said that info on surface disposal alternative looked good. The area is basically unsuitable for this alternative. 11/20/02 - received three copies of engineering proposal with all pertinent information regarding the Linville Heights project. 2/3/03 - reviewed all info again for submittal of permit. Wiggs, Linda From: Davidson, Landon Sent: Wednesday, March 09, 2016 10:16 AM To: Wiggs, Linda Subject: FW: NPDES permit NC0087751 has EXPIRED Importance: High fyi G. Landon Davidson, P.G. Regional Supervisor — Asheville Regional Office Water Quality Regional Operations Section NCDEQ — Division of Water Resources 828 296 4680 office 828 230 4057 mobile Landon. DavidsonCa�ncdenr.gov 2090 U.S. Hwy. 70 Swannanoa, N.C. 28711 'Y -'=-`Nothing Compares--,_.,_ Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Weaver, Charles Sent: Wednesday, March 09, 2016 10:01 AM To: jtcengineer@hotmail.com Cc: Busam, Jennifer d <Jennifer.Busam@ncdenr.gov>; Davidson, Landon <landon.davidson@ncdenr.gov> Subject: NPDES permit NC0087751 has EXPIRED Importance: High The permit for the proposed Linville Heights WWTP expired on 12/31/2014. To date, the Division has not received a renewal application. Federal (40 CFR 122.41 (b)) and state (15A NCAC 2H.0105 (e)) regulations require that permit renewal applications be filed at least 180 days prior to expiration of the current permit. The renewal application was due to the Division no later than July 4, 2014. Please note that permit NC0087751 has expired, and cannot be renewed. If your client wishes to discharge wastewater in the future, he must first apply for and obtain a new NPDES permit.. Charles H. Weaver Environmental Specialist N.C. Division of Water Resources N.C. Department of Environmental Quality 919-807-6391 charles.weaver(a-)ncdenr.gov (physical address) 512 North Salisbury Street, Raleigh, NC 27604 (mailing address) 1617 Mail Service Center, Raleigh, NC 27699-1617 'Nothing Corn Ares _ .. Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. Water Resources ENVIRONMENTAL OV:ILITY March 9, 2016 Mr. Bob Devlin P.O. Box 7369 Naples, FL 34101-7369 PAT MCCRORY DONALD R. VAN DER VAART .4rcrriz1,,• S. JAY ZIMMERMAN Subject: Expiration of NPDES Permit NCO087751 Linville Heights WWTP Avery County Dear Mr. Devlin: The subject permit was issued to you in November 2009. The permit expired on December 31, 2014. To date, the Division has not received a renewal application. Federal (40 CFR 122.41 (b)) and state (15A NCAC 2H.0105 (e)) regulations require that permit renewal applications be filed at least 180 days prior to expiration of the current permit. The renewal application was due to the Division no later than July 4, 2014. Please note that permit NCO087751 has expired, and cannot be renewed. If you wish to discharge wastewater in the future, you must first apply for and obtain a new NPDES permit If you have questions concerning the permit application process, please contact me at the telephone number listed at the bottom of this page, or via e-mail [jennifer.busam@ncdenr.gov]. Sincerely, Jennifer Busam NPDES Unit cc: Central Files NPDES Unit Asheville Regional Office / Landon Davidson State of North Carolina I Environmental Quality I Water Resources 1617 Mail Service Center I Raleigh, NC 27699-1617 919 807 6393 919-807-6389 FAX Division of Water Resources MAR 1 7 2016 Wait- Ou'31i'v R c .io,lo! r)Deratinns Dffic- https://deq. ne. gov/about/divis i ons/water-resources/water-resources-permits/wastewater-branch/npdes-wastewater-permits M._', PAT MCCRORY Ci01'el'IIOI' DONALD R. VAN DER VAART Secretary Water Resources S. JAY ZIMMERMAN ENVIRONMENTAL QUALITY Director CERTIFIED MAIL ITEM 7003 2260 0005 5380 8276 - RETURN RECEIPT REQUESTED July 12, 2016 Mr. Bob Devlin 1010 5th Ave. South Suite 300 Naples, FL 34102 Subject: Expiration of NPDES Permit NCO087751 Linville Heights WWTP Avery County Dear Mr. Devlin: The subject permit was issued to you in November 2009. The permit expired on December 31, 2014. To date, the Division has not received a renewal application. Federal (40 CFR 122.41 (b)) and state (15A NCAC 2H.0105 (e)) regulations require that permit renewal applications be filed at least 180 days prior to expiration of the current permit. The renewal application was due to the Division no later than July 4, 2014. Please note that permit NCO087751 has expired, and cannot be renewed. If you wish to discharge wastewater in the future, you must first apply for and obtain a new NPDES permit If you have questions concerning the permit application process, please contact me at the telephone number listed at the bottom of this page, or via e-mail Dennifer.busam@ncdenr.gov]. Sincerely, ^ Jennifer Busam NPDES Unit cc: Central Files NPDES Unit ,Arlie zianal office T�Lando Davidson �.._...__ nEC IV Division of Water Resources JUL 2 0 2016 Miter Quality Regional Operations —� Ash,wile Fienional Ofrir.e State of North Carolina I Environmental Quality I Water Resources 1617 Mail Service Center I Raleigh, NC 27699-1617 919 807 6393 919-807-6389 FAX https:lldeq.nc.govlaboutldivi sionslwater-resourceslwater-resources-permitslwastewater-branchlnpdes-wastewater-permits NC EN -North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Director Secretary ROBERT E DEVLIN SECRETARY TREASURER DOONER MANAGEMENT INC PO BOY 7369 NAPLES' FL 34101 August 14, 2009 r tE " W E AUG 17-.2009 � WATER QUALITY SECTION i A.SHEVILLE RFGICNAL OFFICE Subject: Receipt of permit renewal application NPDES Permit NCO087751 Linville Heights WWTP Avery County Dear Mr. Devlin: The NPDES Unit received your permit renewal application on August 13, 2009. A member of the NPDES Unit will review your application. They will contact you if additional information is required to complete your permit renewal._ You -should expect to receive a draft permit approximately 30-45 days before your existing permit expires. If you have any additional questions concerning renewal of the subject permit, please contact Tom Belnick at (919) 807-6390. Sincerely, Dina Sprinkle Point Source Branch cc: CENTRAL FILES . •:Ashevilld Regional Office/Surface Water Protection NPDES Unit 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Location: 512 N. Salisbury St. Raleigh, North Carolina 27604 T�TOn�ee 1 t Phone: 919-807-63001FAX: 919-807-64921Customer Service: 1-877-523-6748 1vo iCaro1111a. Internet: wuuw.nauaterquality.org An Equal Opportunity 1 Affirmative Action Employer 'DES APPLICATION - FORM L For privately owned treatment systems treating 100% domestic wastewaters <1.0 MGD Mail the complete application to: N. C. DENR / Division of Water Quality / NPDES Unit 1617 Mail Service Center, Raleigh, NC 27699-1617 NPDES Permit OCOO 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 Facility Name Mailing Address City State / Zip Code Telephone Number Fax Number Linville Heiqhts, L.P. Linville Heights WWTP P. O. Box 7369 (239) 263-6864 (239) 643-7752 e-mail Address heartfax@yahoo. coin AiIG 13 2009, 2. Location of facility producing discharge: Check here if same address as above ❑ ®ENR .- WATER QUALITY Street Address or State Road Nc Highway 8 POINT SOURCE BRANCH City . Montezuma, State /Zip Code North Carolina 28653 - County Avery 3. Operator Information: Name of the firm, public organization or other entity that operates the facility. (Note that this is not referring to the Operator in Responsible Charge or ORC) Name Dooner Managements, Inc. (General Partner) - Mailing Address P. O. Box 7369 City Naples, State / Zip Code Florida 34101 Telephone Number (2 3 9) 2 6 3- 6 8 6 4 Fax Number (239) 643-7752 1 of 3 Form-D 05/08 �.kbES APPLICATION - FORM D For privately owned treatment systems treating 100% domestic wastewaters <1.0 MGD 4. Description of wastewater: SepticcTanks Facility Generating Wastewater(check all that apply): Industrial ❑ - Number. of Employees Commercial ❑ Number of Employees Residential Number of Homes 13 School ❑ Number of Students/Staff Other ❑ " Explain: Describe the source(s) of wastewater (example: subdivision, mobile home park, shopping centers, restaurants; etc.): NOT YET BUILT. Population served: _ 5. Type of -collection system ❑ Separate (sanitary sewer only) ❑ Combined (storm sewer and sanitary sewer) 6. Outfall Information: Number of separate discharge points Outfall Identification number(s) Is the outfall equipped' a diffuser? ❑Yes ❑ No 7. Name, of receiving stream(s) (Provide a map showing the exact location of each outfall): 8. Frequency of Discharge: ❑ Continuous ❑ Intermittent If intermittent: Days per week discharge occurs: Duration: 9. Describe the treatment system List all installed components, including capacities,.provide design removal for BOD, TSS, nitrogen and phosphorus. If the space provided is not sufficient, attach the description of the. treatment system in a separate sheet of paper. NPDES APPLICATION - FORM L vForprivately owned treatment systems treating 100% domestic wastewaters <1.0 MGD 10. Flow Information: NOT YET BUILT Treatment Plant Design flow MGD Annual Average daily flow MGD, (for the previous 3 years) Maximum daily flow MGD (for the previous 3 years) 11. Is this facility located on Indian country? NOT YET BUILT ❑ Yes ❑ 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 (BODs) Fecal Coliform Total Suspended Solids Temperature (Summer) Temperature (Winter) PH .. 13. List all permits, construction approvals and/or applications: Type Permit Number Type Hazardous Waste (RCRA) NESHAPS (CAA) UIC (SDWA) NPDES PSD (CAA) Non -attainment program (CAA) 14. APPLICANT CERTIFICATION 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. Dooner Managment, Inc Robert E. Devlin Secretary Treasurer Printed name of Person Signing Title August 11, 2009 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.) 3 of 3 Form-D 05108 United States Environmental Protection Agency Washington, D.C. 20460 Form Approved. EPA OMB No. 2040-0057 Water Compliance Inspection Report Approval expires 8-31-98 Section A: National Data System Coding (i.e., PCS) Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type 1 I NI 2 15I 31 NCO087751 111 121 06/06/30 117 18I CI 19I SI 20I Remarks 211 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I 1116 Inspection Work Days Facility Self -Monitoring Evaluation Rating B1 QA --- ------ ------- ------ Reserved------------------ 67 I 169 701 I 711 I 72 NI 73I I 174 751 I I I I I I 180 W 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) Linville Heights WWTP 02:48 PM 06/06/30 05/05/01 Exit Time/Date Permit Expiration Date NC Hwy 181 Banner Elk NC 28604 02:55 PM 06/06/30 09/12/31 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 Contacted Bob Devlin,PO Box 7369 Naples FL 34101/Owner/239-643-4211/239643775i4o Section C: Areas Evaluated During Inspection (Check only those areas evaluated) Permit Section D: Summary of Find in /Comments Attach additional sheets of narrative and checklists as necessary) (See attachment summary) Name(s) and Signature(s) of Inspector(s) Agency/Office/Phone and Fax Numbers Date Wanda P Fra Ler �� ARO WQ//828-296-4500 Ext.4662/ 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 NCO087751 I11 12I 06/06/30 1 17 18ICI Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary) The subject facility has not been constructed. Page # 2 Permit: NC0087751 Owner - Facility: Linville Heights WWTP Inspection Date: 06/30/2006 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? n n # Are there any special conditions for the permit? n n rl Is access to the plant site restricted to the general public? n n Is the inspector granted access to all areas for inspection? n n ❑ Comment: the sub',ect facility h�ls n:�at b cc�nstt-tutted Page # 3 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 November 9, 2004 Robert Devlin Linville Heights 1010 Fifth Ave. South, S-300 Naples,. FL. 34102 Subject: Receipt of permit renewal application NPDES Permit NCO087751 Linville Heights Avery County Dear Mr. Devlin: The NPDES Unit received your permit renewal application on November 8, 2004. A member of the NPDES Unit will review your application. They will contact you if additional information is required to complete your permit renewal. You should expect to receive a draft permit approximately 30-45 days before your existing permit expires. The, requirements in your existing permit will remain in effect until the permit is renewed (or the Division takes other action). If you have any additional questions conceming renewal of the subject permit, please contact me at (919) 733-5083, extension 520. Sincerely, Carolyn Bry Point Source Branch cc: CENTRAL FILES Ashes eville Regio'nal;Office/Watet`Qualiry Sect o NPDES Unit ® E C E NOV 1 0 2004 WATER QUALITY SECTION ASHEVILLE REGIONAL OFFICE NorthCarolina Ivaturn!!y North Carolina Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Phone (919) 733-7015 Customer Service Intemet: h2o.enr.state.nc.us 512 N_ Salisbury SL Raleigh, NC 27604 FAX (919) 733-2496 1-877-623-6748 LINVILLE HEIGHTS, L.P. P. O. BOX 7369 NAPLES, FLORIDA 34101 November 2, 2004 Mrs. Carolyn Bryant NC DENR/DWQ/ Point Source Branch 1617 Mail Service Center Raleigh, NC 27699-1617 Mrs. Bryant: I respectfully request renewal of our permit NC 0087751. There have been no changes to the facility since the issuance of the last permit. Respectfully submited, Dooner Management,Inc. G.P Robert E. Devlin, Secretary Treasurer Enclosures: Application Sludge Mangement Description NPDES APPLIC [ON FOR PERMT RENEWAL- S___RT FORM D To be filed only by privately -owned dischargers of 100% domestic wastewater (<1 MGD flow) N. C. Department of Environment and Natural Resources Division of Water Quality / NPDES Unit 1617 Mail Service Center, Raleigh, NC 27699-1617 http://h2o.enr.state.nc.us/NPDES/ North Carolina NPDES Permit Number I NCoo 8 7 7 51 Please prtrit or type 1. Contact Information: Facility Name LINVILLE HEIGHTS Owner Name Linville Heights, Limited Partnership Street Address 1010 Fifth Avenue South, Suite 300 City Naples State / Zip Code Florida 34102 Telephone Number. ( 2 3 9 )._ 6 4 3- 4 211 Fax Number (239) 643-7752 e-mail Address heartfax@yahoo.com Operator Name LinvilleHei hts, L.P. Street Address 1010 Fiftha Avenue South, Suite 300 city Naples, State / Zip Code Florida 34102 County Collier Telephone Number (2 3 9) 6 4 3- 4 21 1 2. Location of facility producing discharge: Check here if same as above ❑ Facility Name (If different from -I-, ) ve LINVILLE HEIGHTS WWTP Street Address or State Road State Road 181 City Banner Elk State / Zip Code NorthCarolina 28646 County _ AvPr� 3. Reason for application: Expansion/Modification • Existing Unpermitted Discharge Renewal X New Facility ` Provide a description of the expansion/modification: No chaige since June 1, 2003 Page 1 of 3 £0-a 917SL R6R R7R Version 12102 NPDES APPLIC— ION FOR PERMIT RENEWAL- SnJRT FORM D To be filed only by privately -owned dischargers of 100% domestic wastewater (<1 MGD flow) �L 10. Is this facility located on Native American lands? (check one) YES ❑ No ❑x 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. Robert E. Devlin Printed Name of Person Signing —""- secretary=Treasurer of Dooner Management, Inc., General Partner Ti tie Ir- Date North Carolina General Statute 143-215.6(b)(2) provides that: Any person who knowingly makes any false statement representation, or certification in any application, record, report, plan, or other document files or required to be maintained under Article 21 or regulations of the Environmental Management Commission implementing that Article, or who falsifies, tampers with, or 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 $10,000, 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 $10,000 or imprisonment not more than 5 years, or both for a similar offense.) Page 3 of 3 Version 12102 LINVILLE HEIGHTS, L.P. P. O. BOX 7369 NAPLES, FLORIDA 34101 SLUDGE MANAGEMENT PLAN FOR WASTE WATER FACILITY In view of the fact that the facility has not been built at this time, the original plan remains if effect (See Original Application) Respectfully submited, Dooner Management,Inc. G.P By:, November 2, 2004 Robert E. Devlin, Secretary Treasurer } / — // - /0 0 3 file:///Untitled Jackie, I received a letter from John Coxey dated April 1, 2003, stating that the discharge line from the proposed wastewater treatment will be located on DOT right of way and will not cross any privatye property. Based on his letter, I recommend that the permit be issued. If you have questions, please call me at 828-251-6208. Mike Parker' re Mike Parker - Mike.Parker@ncmail.net North Carolina Dept. of Environment and Natural Resources Asheville Regional Office Division of Water Quality - Water Quality Section 59 Woodfin Place Asheville, NC 28801 Tel: 828-251-6208 Fax: 828-251-6452 1 of 1 4fll/2063 9; CIVIL/ EN v irZONMENTAL / WATER / WASTEWA FER JOHN T. COXEY CONSULTING ENGINEERING, P.A. April 1, 2003 Mr. Mike Parker NCDENR Division of Water Quality Asheville Regional Office 59 Woodfin Place Asheville, North Carolina 28801 Re- Linville Heights WWTP Draft Permit No. NCO087050 Avery County Project No: 20010 Dear Mike: Regarding our recent conversation concerning the discharge line from the Linville Heights wastewater plant, we will be able to construct the gravity discharge line entirely within DOT right-of-way. The discharge point at the Linville River will be adjacent to the Highway 181 bridge over the river west of Linville and will be within the right-of- way. We have discussed constructing this line in the road right-of-way with Martin Bolick at the Boone DOT office. He has stated that since the developer is a licensed utility, operator in the state of North Carolina, DOT could issue an encroachment permit for line construction as long as DOT requirements for construction were met. A copy of a letter from Mr. Bolick is enclosed. Please call me if you have further questions regarding this issue. Sincerely, John T. Coxey C nsulting Engineering, P. A. ohn T. Co y, P. E. JTC/pc Enclosure cQ: Dale Franklin Jackie Nowell JOHN T. COXEY, PE. PRESIDENT 53 FOX CHASE RD. WEST ASHEVILLE, N.C. 28804 PHONE (828) 645-4046 FAX (828) 658-1304 i STATE OF NORTH CAROLINA . DEPARTMENT OF TRANSPORTATION MICHAEL F. EASLEY P.O. Box 25201, Raleigh, NC 27611-5201 L,YNDO TIPPETT GOVERNOR PHONE (919) 733-2520 SECRETARY June 4, 2002 Mr. John T. Coxey, PE, President 53 Fox Chase Road West Ashville, NC 28804 Dear Mr. Coxey: This letter is in regards to your proposal to place utilities on the Right of Way -of NC Highway 181 in Avery County. In order for the Department of Transportation to regulate the use of highway rights -of -way on all highwaysunder it's jurisdiction, uniform policies and procedures are needed to establish the conditions under which 6dStuig; proposed, adjusted or relocated utilities may be accommodated. Permission to place utilities on the right of way of Highway 181 in Avery County may be permitted, provided that a NCDOT Encroachment Agreement is applied for and approved, following the rules and regulation stated in the manual, (Policies and Procedures for Accommodating Utilities on Highway Right, of Way). Yours very truly, Martin L. Bolick. District Engineer MLB/JC/jc Attachment cc: Mr. Carl McCann, Division Engineer Mr. Johnny Brown, County Maintenance Engineer P. O. Box 1460 BOONB, NC 28607 PHO14E, (828)'265-5380 FAx (828) 265-5414 CML/ ENVIRONMENTAL / WATER / WAS November 18, 2002 Ms. Jackie Nowell NCDENR JOHN T COXEY CONSULTING ENGINEERING, P.A. Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Re: Linville Heights WWTP Permit No. NCO087050 Avery County Project No: 20010 Dear Jackie: fir.,-..._...�_..�_ �,_^_._..._.�'3 �,�:.,......... .....� , _ NOV 2 0 2002 With regard to your email of November 7, 2002, I am enclosing herewith three (3) copies of a package containing all relevant issues of this project since September, 2000 when the original application was made. In each package is an additional copy of the new NPDES Permit Application — Short Form D. You should now have four (4) copies of this. Regarding your comment about the proposed discharge point, this is shown on the map designated at Alternate 2 in the Engineering Proposal enclosed. I have not included an additional copy of the site map showing the project layout as this was recently forwarded to you in my August 26, 2002 letter. Please call if you should have any questions. Sincerely, John T. Coxey Consulting Engineering, P. A. John T. Coxey, P. E. JTC/pc Enclosure cc: Dale Franklin JOHN T COXEY, P.E. PRESIDENT 53 FOX CHASE RD. WEST ASHEVILLE, N.C. 28804 PHONE (828) 645-4046 FAX (828) 658-1304 NPDES PERMIT APPLICATION - SHORT FOP m D To beRled only by dischargers of 100% domestic wastewater (<1 MGD flow) N. C. Department of Environment and Natural Resources Division of Water Quality / "DES Unit 1617 Mail Service Center, Raleigh, NC 276"-1617 North Carolina NPDES Permit Number I NC00' Vl% (if known) . Please print or type 1. Mailing address of applicant/permittee: Facility Name f/�/j�C lE/15llrS Owner Name �4 4/ , r: U,y/TED ,�4T.Vf�Sf�/� Street Address Citye/�E4/C� State �� l ZIP Code Telephone Number Fax Number e-mail Address 2. Location of facility producing discharge: Name (If different from above) Facility Contact Person Pf,oeW Street Address or State Road City / zip Code-' 4 /cLK e Age, po— County . .. 100f"/✓E Telephone Number 3. Reason for application: Expansion/Modification " Existing Unpermitted Discharge Renewal New Facility " Please provide a description of the expansion/ modification: 4. ,Description of the e3dsting treatment facilities (list all installed components with capacities): /4%/.0 Page I of 2 Vemion W9 "It:. NPDnii ES PERir APPLICATION -SHORT FOED To be .filed only by dischargers of 100% domestic wastewater (<1 MGD flow) 5.1 Description of wastewater (check sll. that kpply):. Type of Facility Generating Wastewater Number of Employees industrial Commercial Number pf Employees Residei tial -� Number of Homes ; Z2j9 School 'Number of Students/Staff Other Describe the source(s) of wastewater (example.: subdivision, mobile home park, etc.): .--yc•,��r Ir/S�OAI �ii/6 T/-�i��1� ��T O ��ES 6. Number of separate wastewater discharge pipes (wastewater outfalls): ap 7. If the facility has multiple discharge outfalls, record the source(s) of wastewater for each outfall: S. Name of receiving streamis) .(Provide a map showing the exact locution of each outfall): 1 certify that 1 am familiar with the in6rmation contained in the application and that to the best of my knowledge and belief -such infor Aiation is true, complete, and accurate. S. 4PWi E Printed Name of Person Signing Title ' -r • � % O Signature of Applicant Date Signed North Carolina General Statute 143-215.6(b)(2jprovides that Any person who knowingly makes any false statement representation, or certification in any application, record, report,pian. 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 knowingty renders inaccurate any recording or monttoring 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 $10,000, or by S U.S.C. Section 1001 provides a punishment by a fine of not more than $10,000 or imprisonment not to exceed six months, or by both. (1 imprisonment not more than 5 years, oc, oth for a similar offense.) Version 6�99 Page 2 of 2 ' • CIVIL/ EN __ ONMENTAL / WATER / WASTEN 'ER Re: Linville Heights WWTP Permit No. NCO097050 Avery C'OuntY Project No. 20010 Dear Ms. Nt MMI: ink In regards to your July 31, 2002 letter, the followmg- brination is enclosed: � 1. Projections for 20-year recurring costs and -.-preswt.worth analysis for Alternates I and I 2. R'eferences for the costs in the construction-16sfifftites, . 1. SIDA':&WV8i8'rCpOrt- 4. Site, map -showing pro .*t layout. 5. Local. Cyovernmmt Re -view form Thesoilscientist's repoft shoes that because of predominately unsuitable soils, steepness of slopes, bedrock; available space and other factors; thatbn,gite disp6i§al is not an option for this:project. We hope -this information will now allow your office to -an . NPIDESIP'eff- nit tot -ow project, Please call -rnc if you have any questions. Sincerely, John T. Coxey Consulting Engmeering, P. A. John I Corey P. L. JT.C/pc cc: Date Franidir. JOHN T. COXEY PE. PRESIDENT 53 FOX CHASE PJ7 WEST ASHENALLE,:N.C. 28804 ,PHONE (828) 645-4046 FAX (82-8) 658-1304 ALTERNATE WASTEWATER PUMP STATION AND SEWER TO TOWN OF NEWLAND Twenty Year R ecurring Cost Equipment and Supplies; Maintenance Power (10-1w x 8 hn avg x 365 days x S0.08/kwh) Water for washdown Maintenance Personnel Force Main Maintenance Total Cost Per Year *Assumes gravity lines owned and maintained by Town of Newlatid Present Worth of Annual Costs (20 years; s; 9%) = 9.818 Present Worth of Annual Costs $9,596,00 x 9.818 Present Worth of Project Cost Total Present Worth $1,500.00 $ 2,336.00 $ 250.00 $4,000.00 $1,500.00 $ 9,596.00* Twenty Year Rec g_Costs Equipment and Supplies, Maintenance Power (30 kw x 12 hours avg. x 365 days x $0.08/kwh) Water for washdown C)perating Personnel (Contract) Monitoring Costs Residual Disposal - Gravity Sewer Supplies, Maintenance Total Cost Per Year Present Worth of Annual Costs (20 years, r/e) = 9.818 Present Worth of Annual Costs 33,512x9.818= Present Worth of Project Cost = Total Present Worth $ 3,000.00 $ 10,512.00 $ 500.00 $ 8,000.00 $ 4,000.00 $ 2,500.00 $ 5,000.00 $ 33,512.00 I. e tl . CD o rA CL �- VS 6 rh ~ Q7 References used for Construction Estimates 1. Wastewater Treatment Plant - -Purestm m, Inc. Florence, Kentucky Stahler Wastewater Treatment, Montereye, Virginia Fluidyne, Inc. Cedar Rapids, Iowa 2. Pump Station Water and Wastewater Equipment, Cleveland] T =essee 3. Piping Grif'tn Pipe, Lynchburg, Virginia Mainline Supply, Asheville, North Carolina Hughes Supply, Asheville, North Carolina 4. Manholes Tindall Concrete, Spartanburg, South Carolina . 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' Pug pw%ww l a 04 &"4 SP44 usa w pas � wP � iP a4.L 42f4 Uo Pus( UP 3o � 410 �A►•fV' s4u yusi�s Pi" `ewu psuIa-W SRI 3o Y ;°Owc" IP46 (�)zuacuwsa�so$ test aqa ar4s �u u j per.s W. °� s� aw 48LP uofbvp woa a44 04 azU&t4Aa SV e uvea�t seta •pep 5� a'"•P�..�<:Pa4� ��� �etlddro a �jteut taat�j 3 ,yc�) aa!� ;1 • aqa uo ljvuW acja �q paaTsap?�a �a'r�u`c'3 344 I!vw 0a (&)'If' (1 a4a •Pa;,aptbaJ aaa.` tutau++ `tP" tom+ '41 3}�ct�4c+r • a as dLuoa W ua; ao; z,artba c e�•► s ya�i �1� ;o �l+at 4a (F� j ;4bnu at ae siadz'+ a �► tt�K� ;uaarldda � `�. �iwd a yu a e � �� . paq t}ps acjl }� 1►a3Q3Eli 4 uA sacw rI uo►zt ar�ddt tjons �o jr,>oidd aqa stajr�n r uauiplu tic ui tit a+c .c� uoa qua► �cu a 9 p o �ia ilunu3 Jo Aar v q�Tgm datjiae3 dins x� uc�'jT; i��u:+d � anoa a�1.1. 'xt�Y�sao qa y . �i J"i T� at,odoid aqi n"94 (paw uur $l,�so ut q�ws ��} P'� n'► . u�p+o uc �� u, u►:uos c '� d I �3 P, i ul ucw•uaai,r ��ae daTj} P°oe 10 O�I� aqa zaRsagea �uacu pp T 4 aua a�€ tSaAa i:T W l °'1 g � pt} * s aqa q�iT{�a uo sYuT:j aqa �o U04i .ua aaAPiu�caa!� iz(gu u+au,u a us zw � zow daus ( k*k �1r.ta�a.T sEl{ 1i jiQ[ltl 1(1f t adGiC- �TADa4lT�?G�F4uA-,ace will a iNCtl gaTc Tuuio� luausa ireyQ j w�taitau 1 `'(IC '�3 S Iujs } t us ae -41 fd $Qditi 3 q 7 a a. u? x�aan�st 3 UMA AUG-23-02 FRtI 13:55 .' 1<_0<_0f04-0�0t0t0 82e `=47 0067 P.0i ,e !site and Soils Evaluation Hydraulic Conductivity test data Linville Heights proposed subdivision Newland, Avery County, NC August 20, 2002 PROPERTY DESCRIPTION and 8135TORY -This proposed project is located on Highway 181 about 2 miles east of Newland and is currently wooded. Rhododendron thickets predominate the understory. Earthwise Designs (ED) performed a Soils/Site Evaluation of the portion of the tract marked 'Multi -Family' and 'Patio Homes' on August 15 & 19, 2002, This investigation found some scattered areas of soils suitable for conventional onsite drainfield design, intermingled with shallow and surface bedrock throughout the ,>ite. ED evaluated the soil and site conditions based on criteria contained in 15A NCAC 18A .1900 "Laws and Rules for Sewage Treatment and Disposal Systems". & S,�I' E and SOILS EVALUATI-0-N The evaluation involved eleven (11) auger borings in natural ground at locations shown on Site Map, attached. Borings 1-5 were in the area of the proposed Multi - Family Housing; Borings 6-11 in the area of the Patio Homes. Hydraulic conductivity: °Two (2) readings were taken using the 'Compact Constant Head Perme,ameter' methodology with the Amoozemeter, see attached readings; and are as follows: Ksat (Saturated Hydraulic Conductivity): 'Taken at Site of Boring # 6, Patio Homes area: CCHP Reading #1 (A): 0.25 inches/hour in the B horizon at 21 inches depth Ksat Class: at the low end of 'Moderately High' Taken at Site of Boring # 4, Multi -Family area: CCHP Reading #2 (B): 0.4 inchesJhour in the B horizon at 22 inches depth Ksat Class: at the low end of 'Moderately High' Based on these borings and readings the following evaluations are made regarding on -site wastewater disposal: 1) Topography and Landscape Position: Provisionally Suitable in small areas/Unsuitable in others/Complex. Slope ranged from 16% to 32%; with some complex (irregular) topography throughout the area. Landscape aspect is to the south and Southeast. 2) Soil Morphology: Unsuitable for conventional drainfiel'ds at borings 3, 4,, 5, 7, 6, 9, 10; Provisionally Suitable at boring 1; and Suitable at borings 2, 6, & 11., The eleven borings and two permeameter readings indicate the variability of this soil to receive effluent. Bedrock occurs throughout the site both at the surface of the ground and at varying depths, and is visible as surface rock along Linhigh Drive and Crestwood Circle. Of the 11 borings evaluated, 4 have a suitable loam to sandy clay loam texture to 36 inches. The other 7 borings have more limiting factors, primarily shallow de.,pths to bedrock, or slower hydraulic conductivity rates due to heavier clay textures; see attached field notes. ,3) Soil Wetness: Suitable at all sites evaluated; well drained. o1) Soil Depth: Unsuitable for conventional drainfields at borings 3, 4, 6,7, 8, 9, 10; Provisionally Suitable at boring 1; and Suitable at borings 2, 6, & 11. 5) Restrictive horizons: as described in #4 above. 6) Available Space: Unsuitable. Based on dimensional area needed fo• nnsite wastewater treatment of 61,200 gal/day. Using an LTAR of 0.4: 61,200 / 0.4 163,000 sq.ft. For a conventional drainfield with a 3 ft. trench, this yields 51,C)00 ft. of drainlines. If drainlines were 150 ft. long, then 340 lines would be needed for the initial area; plus another 340 lines for the repair area. This equals 2.34 acres of area of drainfield for initial and repair. If shis e c h a volume woufdlesser slope and etter soils, i: a more then onsite areas for wastewater disposal for-such feasible. Conclusion for Site and Soils Evaluation regarding nnsite Wastewater disposal' Unsuitable. Based on the volume of discharge, number of borings that encountered shallow depths to bedrock; in conjunction with visual observance of nurnerous. instances of surface bedrock; the steepness of slope, and the clay textures of the subsoil when it could be augered. This onsite evaluation confirms the general soils mapping data previously 2 i, AUG-23-02 FR I 13 : SS 820 247 006 P.03 described in the 'Amendment to Engineering Proposal and NPDES Permit Application for Linville Heights, Avery County; North Carolina' and prepared by John (";oxey, P.S. E:arthwise Designs is available to assist in further onsite system design requirements. As the regulations concerning onsite wastewater continue to evolve new information may become available. l3lease feel free to contact me for further information or assistance. >i ned and Sealed on August 22 2002 by: Caroline J. Edwards Licensed Soil Scientist #1220 E-arthwise Designs .724 Duncan Road Rutherfordton, NC 28139 l(udzukid@rfci.net 1,')h/fx:828)247-0067 i°;ell: 828)289-0122 3 FYUL�-�.�-��} FRI 1� S9 E1�5E©f QE�'f E-bE��lIEFJI aLo LY � uuo � �TVNS 724 Duncan Road Rutherfordton, NC 28139 ph.828)247-0067 kudzukidarf'cMet August 23, 2002 Oale Franklin Crooked Creek 1:10 Box 2290 Banner Elk, NC 28604 Dear Daly:: I'Enclosed please find the Site and Soils Evaluation as requested. I have sent the full report with the field note attachments and map to John Coxey. In addition to the area described in the report, I did take a look at the Single family home area as we discussed, on the ridge above the blueberry patch at Crestwood Circle; and also the area beyond the tennis court, On the ridge it was rocky and shallow, I could not get the auger to go deeper than 18 inches during several attempts. However, at the end .of Linhigh Drive in the furthest circle, there was 24 inches of soil at both borings; then 10 to 12 inches of saprolite before hitting bedrock. So the far area is certainly better; but neither offer very good potential for conventional .septic systems for single family residences (which is stated in the Soil Survey information in John's Amendment). There are numerous alternative and innovative :system designs which can be used for sites with these limitations; the expense of these systems ranges from 5 to 25 thousand dollars each, depending on the configuration of each lot and the depth and area of good soil found, The variability of this landscape makes the design of each lot more intensive and therefore more expensive. Using an LTAR of 0.4 is my recommendation for system design. If and when you require further soils information please do not hesitate to contact me. Having onsite detailed soils work performed prior to lot layout may be quite useful for this particular area if the community system is not utilized. 'Thank you very much for your bu Iness, Caroline J. EdwaZ N.C. Licensed Soil Scientist #1220 Invoice attached y, cc: John Coxey �j l • ;�•` ilk' v a - � C` ,�O1IPAC . .rs 1]ATA SHEET EARTHWLSE DESIGNS 724:Dwican Road Rutherfordttm NC: 2L__) ph/fx: 828)247-0067 Camline J. Edwards Lit Sol Scientist #1220 Certified L.A. of Residuals Operator #23884 PROJECT .� ;1 •� COUNTY PROPOSAL/LO�T# '�ZLo tit !E_ �_ o . s�`�A PARENT' MATERIAL - -e Measurement No. Conducted by n S� r1eI�,�►��e�orno< Date 9 Location �T '� la c�^ Weather Condition 5 4-4 Tmperature Horizon '_ r-a Q 1"_ _ Source of Water ! A i _ o �' Hole depth Distance between reference level and soil surface Distance from the hole bottom to the reference level (D) Desired water depth in hole (H) Constant -heats tube setting (d) �3 cm Measured (Actual) water level in hole Init al 1.5 cm + Z cm Final .. 'I f4 cm Radius of the hole (r) a. S cm cm Clock time cm - Start saturation o cm Steady-state reading S Reservoirs Used for Measurement of the Steady -State Flow Rate Flow Measuring Reservoir Only Conversion Factor (C.F.) = 20 cm 2 Both Flow Measuring and Main Reservoirs Conversion Factor (C.F.) = 105 cm' - (To obtain flow volume multiply change in water level by the appropriate C.F. from above ) Clock Reservoir At Change in Flow Q Q K,t Time h:min Reading cm min Water Level Volume cm cm cm3/inin cm3/h cm/h /2' 10 1-11n An �' sa 1 30 v J3A 2 15 I, CZ_ )CA co g V�. Average of last three measurements: _ lX/ cm/h = �hr (other units) Sr _SHEET ' DESIGNS 72#_buricn Road ltuttherfondtori NC$13y ph/fx: 828)247�67 E Caroline J. Edwards Lic. Sod Scientist #1220 Certified L.A. of Res ' uals Operator #23884 PROTECOUh1TY CT _ PROPOSAL / LOT # PARENT MATERIAL Measurement No. Conducted by Location Q�- v� r•t3 �} Date',,t -ot Weather Condition 1 Ternperantre `? S Source of Water Horizon U �L Hole depth S�.D cm Distance between reference level and soil surface +(_ cm Distance from the hole bottom to the reference level (D) _ Tcm Desired water depth in hole (H) -cm Constant -heats tube setting.(d) Measured (Actual) water level in hole Initial 17 cm Final ,,,, J 4 cm Radius of the hole (r) 2, 5 cm Clock time - _ Start saturation > '� Steady-state reading Reservoirs Used for Measurement of the Steady -State Flow Rate Flow Measuring Reservoir Only Conversion Factor (C.F.) = 20 cm Z Both Flow Measuring and Main Reservoirs - l% Conversion Factor (C.F.) = 105 cm= s. (To obtain flow volume multiply change in water level by the appropriate�C.F. from above ) Clock Reservoir At Change in Flow Time Reading Water Level Volume h:min cm - min cm cm 31S Q' Q Y-ln cm'/min cm3/h cm/h 0 �o �o ..- -.-- a—�-----� ;y Average of last three measurements: Ks„ _ • O cm/h (other units) COMMENTS: EARTHWISE DESIGNS 724 Duncan Road J. Edwards Lie. Soil Scientist #122 Rutherfordton NC- 28139 ' . ph/ fx: 828)2477-0067 0 Certified L.A. of Residuals Operator #23884 DATE —1182 C®vhi'ry clay ntineralogy:(sl.exp./exp.?)—�J— .. Bering # Boring # Boring # 3 Boring # FE"�.TH HORIZON I Q ToxrURE- STRUCTURE DEPTH HORIZON II COLOR �Ap TEXTURE C L\ G S G i _ CC \ STRUCTURE r CONSISTENCE - L' , V • gaCLAY O DEPTH HORIZON TII COLOR TEXTURE STRUCTURE CONSISTENCE 7o A J DEPTH HORIZON IV D '- COLOR TEXTURE STRUCTURE vJ b CONSISTENCE %CLAY ResMeL Hoa? 4 V FOCI �� �' t � d G - I.dMapm poetlon? aflope (p d CD �o �� . D LTA 3 . Q✓.� I VJ O S Notes: i E RIHW1 -DESIGNS . 7241 can Road Carol'ne J. Edwards l Soil Scientist ; #1220 PROJECT PROPOSAL,/LOT# L " atherfbrdt®i(NC�!� p'xc 82$)247-0067 Certified L.A.: �f' duals`operator - #23884 DATE_- 0 2. COUNTY daV n nerralogy:(sl.exp./exp.?)5.1 Boring # Big # Borirt # g Boring # 10 DEPTH HORIZON I COLOR�� TEXTURE STRUCTURE 7CO-K-SrMNCE DEPTH HORIZON II y - '- COLOR)o\\k 5 TEXTURE SC C STRUCTURE CONSISTENCE JoCLAY p 7 — y DEPTH HORIZON III - 7 A " COLOR k ' 61� 3 ko 2 TEXTURE STRUCTURE ram, c s b k CONSISTENCE % Y DEPTH HORIZON IV �, �-' 4- bdr CD COLOR TEXTURE STRUCTURE r;> - CONSISTENCE - %CLAY RestricL Hof? W LdscsPe position? % slope 0/0— Z p - t O:. — SE ^ X8 .c 0 — 5 E LT pip 1 ®. o lq i �'. hrac I La � s l Le u,.1 —j. RSA � 'EV IJU AUMV n. y. i f EARS . DESKS �24` t Mn Road Rutherfordton NC ph/fx: 828)247-0067 Ca��in�-' o tdwardS Lt Soil Scientist #1220 Certified LA-o� Residuals Operator #23884 PROJPC'�' �--r r v� l DATE[ �2 COUNTY vpV PROPOSAL/LO`r# v� Parent material (res/coll/all) lb i'�t. (o clay mineral ogy:(Sl.exp./exp.?) I Boring # 11 Boring # Boring # Boring # DEPTH HORIZON I �1 COLOR R. 41CA TEXTURE STRUCTURE a DEPTH HORIZON II co LOA TEXTURE �' G STRUCTURE CONSISTENCE 116CLAY DEPTH HORIZON III COLOR 5 y/ U TEXTURE _ STRUCTURE r" CONSISTENCE DEPTH HORIZON I7 COLOR TEXTURE STRUCTURE CONSISTENCE w %CLAY Restrict Hor? W ess? Ldsaape position? % slope f — LT eo91 grow Notes. r .. J()1 E\' I- (.( o'l 1 Ms. Jackie Nowell NCDENR Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Re: NPDES Permit NCO087050 Linville Heights Avery County Project No: 20010 Dear Ms. Nowell: As you have requested. I have obtained a letter from Mr Martin Bolick. DOT District F.nvineer stating that an encroachment permil can hc• _)ranted for an effluent Jischarge line in DOT's right-of=«a.\ IM 1 in\ illy l,,I!\ orrhis letter i, attached The,DOT Policies and Procedures will be followed and an Encroachment Permit application will be made. - I hope this information will no\a enable you to grani the NPDES Permit for this facility. Please call me if you have any questions. Sincerely - John T. Coxev C:onsuhini-, 1'.ngineertng. P A John T. Coxey..-P F. J TC /pc Enclosure cc. Dale Franklin w/encl .lOI IN T. C:OXEY. PE. M`..4 STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION NUCHAEL F. EASLEY P.O. Box 25201, Raleigh, NC 2761.1-5201 LYNDO TIPPETT GOVERNOR PHONE (919) 733-2520 SECRETARY June 4, 2002 Mr. John T. Coxey, PE, President 53 Fox Chase Road West Ashville, NC 28804 Dear Mr. Coxey: This letter is in regards to your proposal to place utilities on the Right of Way of NC Highway 181 in Avery County. In order for the Department of Transportation to regulate the use of highway rights -of -way on all highways under it's jurisdiction, uniform policies and procedures are needed to establish the conditions under which existing, proposed, adjusted or relocated utilities may be accommodated. Permission to place utilities on the right of way of Highway 181 in Avery County may be permitted, provided that a NCDOT Encroachment Agreement is applied for and approved, following the rules and regulation stated in the manual, (Policies and Procedures for Accommodating Utilities on Highway Right of Way). Yours very truly, ./ . Martin L. Bolick. District Engineer MLB/JC/jc Attachment cc: Mr. Carl McCann, Division Engineer Mr. Johnny Brown, County Maintenance Engineer P. O. Box 1460 BOONE, NC 28607 PHONE (828) 265-5380 FAx (828) 265-5414 CIVIL,/ Ef tONN1ENTAL / \NATER / WASTE) ,ER February 11, 2002 JOHN T COXEY CONSULTING ENGINEERING, PA. Ms. Jackie Nowell NCDENR Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Re: Linville Heights Avery County Project No: 20010 Dear Ms. Nowell: Please find enclosed three (3) revised copies of the Engineering Reportincluding Addendum for an NPDES permit for the above referenced facility. In addition, I have enclosed letters from the Town of Newland and Linville Resorts stating that they cannot accept wastewater flows from Linville Heights at this time. In'my last conversation with you, you indicated that we could not obtain a permit to discharge to the existing stream on the project site and that discharge would have to be to the Linville River. The Engineer's Report is revised accordingly. You also requested that easement costs be included in the cost estimates and this has been done. The Owner has chosen to request a larger flow for the permit since discharge would be to the Linville River. The new flow as shown in the report is 61,200 gallons per day based on 170, 3-bedroom rrfuiti-family units. JOHN T COXEY, P.E. PRESIDENT 53 FOX CHASE RD. WEST PHONE (828) 645-�046 ASHEVIL.LE, N.C. 28804 FAX (828) 658 1304 Page Two Ms. Jackie Nowell Please continue your review of this project and notify me if any further information is needed at this time. Sincerely, John T. Coxey Consulting Engineering, P. A. John T. Coxey, JTC/pc Enclosure cc: Dale Franklin w/encl Engineering Proposal and NPDES Permit Application for Linville Heights Avery County, North Carolina Prepared by: John T. Coxey Consulting Engineering, P. A. 53 Fox Chase Road West Asheville, North Carolina 28804 Project No. 20010 Telephone: 828-645-4046 Fax: 828-658-1304 Revised February, 2002 ,oeae+r�eaece(nrerr°°°°°° . e � ° 729 e o e . e� 0 ' . FfJe /10 Table of Contents Introduction Project Wastewater Flow Characteristics Waste Treatment Disposal Options Alternate 1 Alternate 2 Alternate 3 Discussion of Alternatives Description of Proposed Treatment Works Cost Estimates Location Maps NPDES Permit Application Financial Qualifications Addendum to Engineering Proposal e r Page 1 2 3 4 5 b 7 9 10 14 INTRODUCTION Linville Heights is a proposed single-family and multi -family residential development in Avery County, North Carolina situated on N.C. Highway 181 between the Town of Newland to the west and the Linville community to the east. The proposed site is approximately 215 acres and is predominantly wooded mountainous terrain at this time. Elevations on the site range from elevation 3850 at the lowest point to approximately 4425 at the highest point. The current master plan for the project calls for approximately 130 single-family lots, which would be served by a private water system and would utilize septic tanks and drain fields for wastewater disposal. The remaining areas of development would be dedicated to high -density patio homes and multi -family use. These areas would also be served by a private water system and an NPDES Permit would be applied for to discharge treated wastewater from a wastewater treatment facility on the project site serving the high -density development only. It is only the high -density development, which is under consideration and discussion within this Engineering Proposal. A discussion of the proposed treatment alternatives and an NPDES Permit Application is included as part of this Engineering Proposal. -1- PROJECT WASTEWATER FLOW CHARACTERISTICS Wastewater from the proposed project would be 100% domestic in nature with an expected BOD of approximately 200 mg/1 and TSS of 200 mg/l. Flow would come from 170 three (3) bedroom multi-family/patio home units. Based on North Carolina Division of Water Quality standards, a total flow of 61,200 gallons per day (gpd) could be expected. There will be approximately 130 single-family lots in the project, however wastewater flows from this area of the development would be disposed of by conventional septic tanks and drain fields for each lot. It is the purpose of this report to present the waste treatment and disposal options available for the waste (61,200GPD) generated by the multi-family/patio homes development only. -2- WASTE TREATMENT AND DISPOSAL OPTIONS There are three (3) alternatives for treatment and disposal of wastewater from the multi-family/patio homes development at Linville Heights. They are as presented below... Alternate 1 Wastewater Pump Station and Gravity Sewer to Town of Newland collection system. Alternate 2 On -site Wastewater Treatment Plant and Gravity Effluent Line to Linville River. Alternate 3 Septic Tanks and Drain Fields for Entire Project A description of each alternative is presented herein. -3- ALTERNATE NO. 1 This alternative would consist of constructing a wastewater pumping station on the Linville Heights project site, pumping through a force main approximately 2,000 L.F. and constructing 10-inch and 8-inch gravity sewer lines to the Town of Newland collection system. The majority of the gravity line would be 10-inch diameter since the line would extend over 2 miles from the existing Newland collection system. A total of approximately 15,000 L.F. of gravity line would be constructed along Kentucky Creek across private property, necessitating obtaining numerous private easements, which would not only be very costly, but would possibly take several years to obtain. - In addition, the Town is presently under a moratorium for new sewer services until the Town's wastewater treatment plant is upgraded and expanded. The Town has applied for funding for this project, however it is anticipated that the new plant upgrade and expansion is 2 to 3 years from being on line and able to accept flow from the Linville Heights project. Because of the time constraints with obtaining easements and the Newland wastewater plant expansion, this alternative is not deemed to be the most feasible project for the Linville Heights project. -4- ALTERNATE 2 This alternate would consist of constructing a wastewater treatment plant on the Linville Heights project site and constructing an 8-inch effluent outfall line to the Linville River just west of the Linville community. The majority of the outfall line could be constructed in DOT right-of-way, however several private easements would have to be acquired to discharge to the Linville River. Additionally an NPDES Discharge Permit would have to be acquired for discharge to the Linville River. -5- ALTERNATE 3 This alternative would consist of providing individual septic tanks and drain fields for the multi-family/patio homes development of Linville Heights. The currently planned density of the development is such that it is not feasible to provide individual disposal systems in this area. The project would have to be scaled down significantly from the 170 planned three -bedroom units to approximately 25 to 30 units. It is the high -density portion of the project, which will be constructed initially to make development of the remainder of the project financially feasible. The Linville Heights financial plan is of course predicated on building the entire 170 multi- family/patio home units. in DISCUSSION OF ALTERNATIVES Alternates 1 and 2 pertain to treatment of flows from Linville Heights by pumping and construction of gravity lines to the Town of Newland or by construction of a wastewater plant and effluent discharge to the Linville River, respectively. Because of the time frame involved in expansion of the Town of Newland's wastewater facility and obtaining the necessary easements for constructing gravity lines, Alternate 1 is not feasible for Linville Heights. Alternate 2 is a feasible option, and an NPDES Permit would be required for discharge to the Linville River. Accordingly an NPDES Application requesting a discharge to the Linville River is. included in this report Alternate 3, while being the less capital cost option, would result in a scaled down project for Linville Heights and would severely impact further development of the -7- project. The construction of the multi-family/patio homes area is necessary for financing the remaining single family areas of the development. The planned 170 units would be reduced to 30 units to provide adequate land area to facilitate construction of septic tanks and drain fields. The reduction of 140 units would result in a drop in gross sales of over 34 million dollars over the course of the project and would limit further development. It is for this reason that Linville Heights is seeking a discharge permit for treated effluent to be discharged to the Linville River. While it is not within the scope of this proposal to determine the affects of a concentration of septic systems on groundwater in the area, it is relevant to point out that treatment technology exists to produce an effluent which is of equal or greater quality than the waters to which it is discharged. Linville Heights fully anticipates that stringent effluent discharge limits would be implemented, but realizes that there are treatment technologies available to meet these limits. Linville Heights is financially capable of providing the necessary treatment technology for a discharge permit. DESCRIPTION OF PROPOSED TREATMENT WORKS The proposed wastewater treatment plant would be dual -train consisting of the following components: Flow equalization chamber with duplex equalization pumps Extended aeration chambers (51,200 gallon total) Duplex blower system for aeration Anoxic chamber and mixer for nitrogen limits Dual clarification units with airlift sludge return Sludge Holding Tanks Tertiary filter system with mud well chamber, backwash chamber and duplex Pumps UV disinfection chamber Standby power generator The proposed treatment system described above can of course be modified as necessary to meet discharge parameters of an NPDES Permit. W ALTERNATE COST ESTIMATE A cost estimate for each of the three alternates is presented in the following pages. -10- ALTERNATE 1 CONSTRUCTION COST ESTIMATE UNIT TOTAL ITEM QUANTITY UNITS COST COST 10" PVC Gravity Sewer 6,000 L.F. $45.00 $270,000 10" DIP Gravity Sewer 6,000 L.F. $53.00 $318,000 8" PVC Gravity Sewer 1,500 L.F. $40.00 $ 60,000 8" DIP Gravity Sewer 1,500 L.F. $50.00 $ 75,000 4" PVC Force Main 2,000 L.F. $15.00 $ 30,000 Manholes 60 Ea. $1,750 $105,000 Pump Station and Standby Power 1 Total Estimated Construction Cost Administration and Easements Engineering Fees Contingencies (10%) Total Project Cost Ea. $75,000 $ 75,000 -11- $933,000 75,000 105,000 93,300 $1,206,300 ALTERNATE 2 CONSTRUCTION COST ESTIMATE UNIT TOTAL ITEM QUANTITY UNITS COST COST Wastewater Treatment Plant 1 Ea $250,000 $250,000 Site work 1 L.S. 25,000 25,000 Yard Piping I L.S. 25,000 25,000 Standby Power 1 L.S. 35,000 35,000 Electrical 1 L.S. 20,000 20,000 8-Inch DIP Gravity Outfall Line 2500 L.F. 50 125,000 Manholes 10 Ea 1,750 17,500 Total Estimated Construction Cost $497,500 Administration and Easements 30,000 Engineering Fees 51,000 Contingencies (10%) 49,750 Total Project Cost $628,250 -12- ALTERNATE 3 CONSTRUCTION COST ESTIMATE UNIT TOTAL ITEM UNITS QUANTITY COST COST Septic Tank & Drain field 30* Total Construction Cost Administration Engineering Fees Contingencies (10%) Total Project Cost Ea. $3,000 $90,000 $90,000 -0- -0- 9,000 $99,000 *Scaled down project from 170 to 30 multi -family units -13- LOCATION MAPS Location maps for Alternates 1 and 2 are shown on the following pages. No map is shown for Alternate 3. -14- °'��'' �;� '.-J �i) -> • (�' ,1;, : °°/ •� .4.-=' ; � ��� � -��, -�;/ `` (\` �� !. • j ' - .9rfJ/� 6�P��lry s��/E�P TD TD�U�v le - - +'' Sum er jT, J ! I �° 1 li`• \ I ` •\', �'r,..n\I \, ti'; it �_!'3jii 1 /J'•,_i i 'li4s a6M6 L, ;�� , � 1 � _, � .� . U I Ie I��V��, ]�; � . ' --- `•-- i� CJy 1 I � ( I I I I /�% ;�� �. - . • r � ` % �f --� �� i' \ �. �� / Ma tiG'�tatl \hYort \• "r 1� �',�\`� J \ I ! I JJ'// l /; f Up - —_ c-- - �' ` i • If .I�` �� ! �/ � �_ �� �'. _ _'� •� � � l II �/��' — - I r O j - r '11 i �; �" I �-r, - �•\1°� s c l I� \t•---- ., ' � ,� , i/ ••1. II'iu ��I \ � I. \7 � I i %� .I \ -�� \'`�I \ � � I1(r'' r' . - • ' i a � � /a,�°� / ' 1'., � f I) _ � 'n \' • �\`� J (;.., i 'I r � i=�ill•II' I\ � � .� 1 // l `o do �) 1 / / / /.ram '� i/1 __1\,�J 1 ,- // '�� (� \ F I �` I I 1\``,� � �✓ _ :'� 'i I J •V 11U, tl( / :�s \\�� �i��%/� -ipe �I)I �i•\ \ •yrA �•: '•: r•'•( �lii \�1�C��'',r'',4 I\ � / C �--� /�\ J �\,\..li �� 1 I, I��`I 1� r. ° •� .� �i �// r// /� /�� '�), \'1 ` /i /(r r• l,_ \ `3 g N-46° / / / ;/ \ `•\`\= // - ) - I \ / `,l•r i ' 3 V �'.;iJewlatl�C3589 -� i:� �-�_ � - `I-T � , I �r\ti'��\ • � �c �• �f � �I i , /. �_ � , __J' ,\ \.,, �. �. 1 rl 11 � I , z L °• �.��I:. \I \ 1 �• o =' i / �ril I I''` �o��l'\ ' _ �' . ) t i,'-=�1=.- Jt o \ V / 0 _. J8ou( ; -/ \\\• • Aga 7 (V / ) . 1 - , :� 'e �'.�. ^� � � �� f I �,. !i•,� �.1 tat ' tN3623 ewC o sh,Y \li✓i/ -mil\ 1 v •II $_ n.'' �e f !, - -oE�k' arkll-� I'ii• -_ `� \�:�, - - 11 .i / \\�� - w. 1 ; ii �.� __ —{ oo � .0 . OIl llITl 4400Ch \ 1. O -i __Jo e ' ,.Oak r gqeti -� p, t�l •t Mont a GaPBM K MifTer 1/'i/ 3837 \ ; -J` )� 1 )i ! ��� I\\ i &Oy00 C- 1' •r J i1' \\' ( r/ 0/i ' e I E 'Pa'rk� 00 �` '=..\; L .���i .i' ,— 1� :✓r ram_ / ,�,;;_ �•+ �\ .... �;�` . � -�L�', _ < l r \ \ ./ . /';/i�•'.�. •-� i � I �ii✓ L Iv <, 001/t % vve 0 maN 00— Ez9E Qp OOPC 4w fl/ A& 61 CY 71�1 NPDES PEkMIT APPLICATION - SHORT FUsud D To be filed only by dischargers of 100% domestic wastewater (< 1 MGD flow) N. C. Department of Environment and Natural Resources Division of Water Quality / NPDES Unit 1617 Mail Service Center, Raleigh, NC 27699-1617 North Carolina NPDES Permit Number I NC00 (if known) Please print or type 1. Mailing address of applicant/ permittee: Facility Name Owner Name Street Address City State ZIP Code Telephone Number Fax Number e-mail Address Linville Heights .. Linville Heights Limited Partnership P. O. Box 2290 Banner Elk North Carolina 28604 (828) 898-5888 (828) 898-5999 N/A 2. Location of facility producing discharge: Name (If different from above) Facility Contact Person Street Address or State Road City / Zip Code County Telephone Number 3. Reason for application: Same Dale Franklin State Road 181 Banner Elk Avery (828-) 898-5888 Expansion/Modification * Existing Unpermitted Discharge Renewal New Facility X * Please provide a description of the expansion/modification: N/A 4. Description of the existing treatment facilities (list all installed components with capacities): N/A Page f of 2 Version 6% NPDES PERMIT APPLICATION - SHORT F(.raud D To be filed only by dischargers of 100% domestic wastewater (< 1 MGD flow) 5. Description of wastewater (check all that apply): Type of Facility Generating Wastewater Industrial Commercial Residential School Other X Number of Employees Number of Employees Number of Homes Number of Students/Staff Describe the source(s) of wastewater (example: subdivision, mobile home park, etc.): Subdivision-Multi-Family/Patio Homes 6. Number of separate wastewater discharge pipes (wastewater outfaUs(: One /7,e9 7. If the facility has multiple discharge outfalls, record the source(s) of wastewater for each outfall: N/A 8. Name of receiving stream(s) (Provide a map showing the enact location of each outfall): Linville River 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. Name of Person North Carolina General Statute 143-215.6(b)(2) provides that Any person who knowingly makes any false statement representation, or certification in any application, record, report, plan, or other document files or required to be maintained under Article 21 or regulations of the Environmental Management Commission implementing that Article, or who falsifies, tampers with, or 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 $10,000, or by imprisonment not to exceed sic months, or by both. (18 U.S.C. Section 1001 provides a punishment by a fine of not more than $10,000 or imprisonment not more than 5 years, or both for a similar offense.) Page 2 of 2 Version 6199 LENVILLE HEIGHTS, L.P. P.O. Box 7369, Naples, Fl.. 34102 941-643-4211 P.O. Box 2290 Banner Elk, N. C 28604 828-898-5888. February 4, 2002 North Carolina Department of Environment And Natural Resources Division of Water Quality NPDES Unit 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Re: Linville Heights NPDES Permit Application Avery County Dear Sir/Madam, This letter serves to certify that Linville Heights Limited Partnership is financially qualified to fund construction of a wastewater treatment facility at Linville Heights for treatment of 61,200 gallons per day of domestic sewage. Furthermore, as developers of Crooked Creek in Banner Elk, North Carol;ina, we have demonstrated previous compliance with federal and state laws, regulations and rules for protection of the environment. Sincerely, S. Dale Franklin, Vice President (:IVILI I:1 Z( )NNII:MINI . / \V;\"I Hi . \\'; STF." (:( )N5t 'I :IIN(; FM ANI :I :RING. PA. May 29, 2001 Ms. Jackie Nowell NCDENR Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Re: NPDES Permit NCO087050 Linville Heights Avery County Project No: 20010 Dear Ms. Nowell: Pqr your request, please find an Amendment to the above referenced permit application, which covers subsurface and surface disposal and re -use options for wastewater disposal. The Amendment essentially shows that these options are not feasible because of the unsuitable soil conditions on the project site. Please incorporate this Amendment into your review. Since the application was Submitted in November, 2000 we are requesting that you expedite your review so that we may proceed accordingly with this proiect. Thank you for your interest in this matter. Sincerely, John T. Coxey Consulting Engineering, P. A. John T. Coxey, P. E. JTC/pc Enclosure cc: Dale Franklin w/encl JO IN T. COXEY. PRESIDENT f'I 1ONl (828) 645-4046 53 FOX CI IASt_ RI). \•VEST FAX (828) (358-1304 ASI IFVJI I.I:. N.C. 28804 Amendment to Engineering Proposal and NPDES Permit Application for Linville Heights Avery County, North Carolina Prepared by: John T. Coxey Consulting Engineering, P. A. 53 Fox Chase Road West Asheville, North Carolina 28804 Project No. 20010 February, 2002 ColleIJJJJJJi 7293 A. SUBSUFACE DISPOSAL SYSTEMS Although the project site consists of 215 acres, very little of this land is suitable for underground disposal such as septic tank/drain field systems, low-pressure pipe systems (LPP), or spray or drip irrigation. Comprehensive soil survey information has been obtained from the US Department of Agriculture Natural Resource Conservation Service in Avery County. This information describes the soil properties of the County and provides maps showing classifications of soils. A portion of the map that includes the location of the Linville Heights project is included herewith. There are five (5) soil classifications found on the project site: CrE — Crossnore-Jeffrey complex PaB — Pineola gravelly loam, 2-8% slopes PnC- Pinola gravelly loam, 8-15% slopes PnD-Pinola gravelly loam, 15-25% slopes WtD-Whiteoak fine sandy loam, 15-30% slopes, very stony Each soil description and suitability for numerous parameters are included herein. Only one (1) soil type (PaB) is considered suited to poorly suited for septic tank and underground drain field systems and concerns are noted regarding the restricted permeability of these soils as well as a recommendation that deeper soils be used to possibly improve filter field performance. The remaining soil types (CrE, PnC, PnD, WtD) are classified poorly suited with concerns for steepness of slope, erodibility and permeability. A map delineating all soil areas is included in this Amendment. In the location where the moderately suitable soils are present, building construction will take place and there are potential sites for drilling potable water supply well(s) and construction of a water storage tank. This location is also a very small portion of the overall property, and is on one side of the property, which is several thousand feet from other developable portions of the property. It would not be feasible to use this land for subsurface disposal because of its location within the site and its use for construction, well sites, and storage tank considerations. B. SURFACE DISPOSAL SYSTEMS Spray irrigation and drip irrigation are not viable options for the reasons presented under the subsurface disposal evaluation above. Unsuitable soils are present over more than 90% of the site and only moderately suitable soils exist in the areas of the proposed development. C. REUSE Reuse of treated wastewater effluent on this project could only be an option when used in conjunction with a biological treatment system approved under an NPDES permit. State requirements regarding reuse stipulate that effluent be tertiary quality. It is not evident at this time that tertiary limits will be set for discharge of 61,200 gallons of treated effluent on this project. The project site has very limited areas where reclaimed water could be land applied. In addition, and since it is beyond the scope of this report to determine a rate of application, the rate may be such that it would be economically unsound to require the owner to provide the additional treatment components and distribution equipment necessary for reuse. CrE=Crossnore-Jeffrey complex, 30 to 50 percent slopes, very stony Setting Landscape: Intermediate mountains in the central and northeast central part of the county Elevation range: 3,400 to 4,600 feet Landform: Mountain sideslopes and ridges Landform position. Sideslopes and ridgetops Shape of areas. Long and narrow or irregularly shaped Size of areas. 5 to 1000 acres Crossnore soils and similar inclusions: 45 percent Jeffrey soils and similar inclusions: 40 percent Dissimilar inclusions: 15 percent Composition Typical Profile Crossnore soils Surface -layer.• 0 to 7 inches=dark brown gravelly sandy loam Subsoil: 7 to 16 inches=yellowish brown gravelly sandy loam 16 to 22 inches=brownish yellow gravelly sandy loam Underlying material: 22 to 30 inches --multicolored gravelly loamy sand saprolite Bedrock: 30 to 61 inches=soft weathered partially consolidated low-grade metasandstone bedrock Jeffrey soils Surface layer. 0 to 5 inches=black gravelly sandy loam 5 to 9 inches=dark brown gravelly sandy loam Subsoil.- 9 to 20 inches=yellowish brown gravelly loam Underlying material: 20 to 31 inches=yellowish brown gravelly sandy loam Bedrock: 31 to 36 inches=hard unweathered, feldspathic sandstone Soil Properties and Qualities Depth class: Crossnore=moderately deep; Jeffrey --moderately deep Drainage class. Crossnore=Well drained; Jeffrey=Somewhat excessively drained General texture class: Loamy Permeability, Moderately rapid Depth to seasonal high water table: Greater than 6.0 feet below the soil surface Hazard of flooding: None Shrink -swell potential.• Low Slope class: Steep Extent of erosion. Slight, less than 25 percent of the original surface layer has been removed Hazard of water erosion: Very severe Rock fragments on the surface: Widely scattered surface stones and cobbles that average about 10 to 24 inches in diameter and 3 to 25 feet apart Surface layer organic matter content: Moderate to high Potential frost action. Moderate Parent material.• Residuum affected by soil creep in the upper part, weathered from felsic and mafic low-grade metamorphic rock Depth to bedrock. Crossnore=20 to 40 inches to soft bedrock; Jeffrey--20 to 40 inches to hard bedrock Minor Components: Dissimilar inclusions. • Whiteoak soils with more clay in the subsoil, and depth to bedrock more than 60 inches, in concave areas at the heads of drains, in drains, and on foot slopes • Spivey soils with a thicker dark surface layer, more rock fragments throughout the soil, and depth to bedrock more than 60 inches, in narrow drains and on foot slopes - Soils with depth to soft bedrock at greater than 40 inches, on smoother parts of the landscape Soils with depth to hard bedrock at less than 20 inches, on nose slopes and near rock outcrops • Widely scattered areas of rock outcrops • Prominent summits or ridges at higher elevations that are windswept Similar inclusions: • Crossnore and Jeffrey soils with loam, fine sandy loam and coarse sandy loam surface texture in the fine earth fraction • Randomly scattered areas of Pineoia soils with more clay in the subsoil and depth to soft bedrock at 20 to 40 inches as well as soils with more clay in the subsoil and hard bedrock at 20 to 40 inches • Crossnore and Jeffrey soils which have a lighter colored surface layer or with a thinner dark surface layer than is usually seen with these soils - Crossnore and Jeffrey soils with extremely stony surface coverage Land Use Dominant Uses: Woodland Other Uses: Pasture, building site development, ornamentals, and fraser fir production Agricultural Development Cropland Suitability. Unsuited Management concerns. This map unit is severely limited for crop production because of steepness of slope and erodibility. Another site should be selected with better suited soils. Pasture and Hayland Suitability. Suited to poorly suited to pasture; unsuited to hayland Management concerns: Equipment use, erodibility, soil fertility, and rooting depth and droughtiness Management measures: • Steepness of slope limits equipment use • Preparing seedbeds on the contour or across the slope helps to reduce soil erosion and increases germination. Following lime and fertilizer recommendations from soil tests helps to increase plant nutrient availability and maximizes productivity when establishing, maintaining, or renovating pasture. • Using rotational grazing, implementing a well planned clipping and harvesting schedule, and removing livestock in time to allow forage plants to recover before winter dormancy helps to maintain pastures and increases productivity. • Moderately deep rooting depth may make soils in this map unit difficult to manage for pasture and hay crop production because of low available water. Orchard and Ornamental Crops Suitability: Suited to poorly suited to fraser fir production; Poorly suited to all other ornamentals Management concerns. Equipment use, erodibility, sal fertility, ball and burlap harvesting, frost action, plant shape and rooting depth, and droughtiness Management measures: • Proper management is the key to maximizing productivity and minimizing plant stress and minimizing disease such as phytophthora, on these soils. • Soils in this map unit are difficult to manage for orchard or ornamental crops because steepness of slope limits equipment use. Establishing and maintaining sod between rows and on access roads helps to reduce the hazard of erosion. • Due to poor fertility of these soils, following lime and fertilizer recommendations from soil tests helps to increase the availability of plant nutrients and is critical to maximize productivity. • Proper channelization of water away from and not into fields helps to control phytophora root disease Avoiding ball and burlap harvesting during dry periods helps prevent fracture of the ball and separation of the soil from the roots caused by low moisture and minimal clay content • Maintaining plant cover or using mulch helps to reduce damage to roots caused by frost heaving. • the steepness of slope will affect the shape of ornamentals on the uphill side. • Moderately deep rooting depth makes soils in this map unit difficult to manage for ornamental and orchard crops because of low available water and windthrow hazard. Woodland Suitability.Suited to poorly suited Potential for commercial species. Moderate to low for hardwoods Productivity class. Crossnore=moderate to low for northern red oak; Jeffrey=low for northern red oak Management concerns. Equipment use, erodibility, seeming survival, windthrow hazard, and windswept conditions on small exposed areas Management measures: • Designing roads on the contour and installing water control structures such as broad base dips, water bars, culverts and avoiding diversion of water directly onto fill slopes helps to stabilize logging roads, skid trails, and landings. Reseeding all disturbed areas with adapted grasses and legumes helps to prevent soil erosion. • Avoid areas that show signs of windswept conditions, for increased productivity. • Leaving a buffer zone of trees and shrubs adjacent to streams helps to reduce siltation and provides shade for the aquatic habitat. Avoid grazing livestock in areas managed for woodland. • Productivity is limited because of the limited rooting depth of these soils. Productivity may be increased by periodically harvesting windthrown trees, which result from high winds and limited rooting depth. Using improved varieties of eastern white One helps to increase productivity. • Replanting may be necessary on warm, south- to west -facing slopes because of reduced soil moisture. Planting when the soil is moist for extended periods helps to increase seedling survival. Urban Development Dwellings Suitability. Poorly suited Management concerns: Steepness of slope, erodibility, corrosivity, and depth to hard bedrock Management measures: • Designing structures on the contour with natural slopes or building on less sloping areas within the unit helps improve soil performance. • Drilling and blasting of hard rock or the use of special earth -moving equipment is needed to increase the soil depth may be needed on Jeffrey soils. • Vegetating disturbed areas and using erosion control structures such as sediment fences and catch basins helps to keep eroding soil on site. • Using corrosion -resistant materials for foundations and basements helps to reduce the risk of damage to concrete. • Installing permanent retaining walls helps to improve sal stability. Septic Tank Absorption Fields Suitability: Poorly suited Management concerns: This map unit is severely limited for septic tank absorption fields because of steepness of slope and depth to bedrock. Another site should be selected with better suited soils. Contact the local Health Department for additional guidance. Local Roads and Streets Suitability. • Poorly suited Management concerns: Steepness of slope, erodibility, slippage, depth to rock, and frost heaving Management measures. • Designing roads on the contour and installing water control structures such as broad base dips, waterbars, and culverts helps to maintain road stability. Avoiding diversion of water erectly onto fill slopes and vegetating cut and fill slopes as soon as possible helps to prevent slippage and excessive soil erosion. • Blasting or special grading may be needed to construct roads on Jeffrey soils because of hard bedrock. • The soft bedrock underlying the soils in this map unit should not require special equipment for excavation but are difficult to vegetate or to pack if used in fill slopes. • Permanent surfacing of roads or using suitable subgrade or base material helps to reduce damage from frost heaving. Lawns and Landscaping Suitability.,- Poorly suited Management concerns: Steepness of slope, erodibility, droughtiness, large stones, soil fertility, frost action, and depth to bedrock Management measures. • Soils in this map unit are difficult to manage for lawns and landscaping because steepness of slope limits equipment use as well as most other uses. • Designing plantings on natural contours helps to increase water infiltration. Vegetating disturbed areas and using erosion control structures such as sediment fences and catch basins helps to keep eroding soil on site. . • Removing larger stones and boulders and limiting the use of equipment to the larger, open areas help to improve the suitability of these soils. • Using lime, fertilizer, mulch, irrigation, and varieties adapted to droughty conditions helps to establish lawns and landscape plants. Stockpile topsoil from disturbed areas and replace it before landscaping. Using mulch helps to reduce damage to newly established landscape plants caused by frost heaving. Moderately deep roofing depth may make these soils difficult to manage for lawns and landscaping especially if the soil has been disturbed. • If excavated material is to be used for landscaping, any soft bedrock will need to be crushed or removed. Interpredve Groups Land capability classfcation:Crossnore=Vlle; Jeffrey --Vile Woodland ordination symbol: Crossnore=4R for northern red oak; Jeffrey=3R for northern red oak PaB=Pineola gravelly loam, 2 to 8 percent slopes Setting Landscape: Intermediate mountains in the central and northeast central part of the county Elevation range: 3,600 to 4,200 feet Landform: Mountain ridges Landform position: Ridgetops Shape of areas: Oblong to irregularly shaped Size of areas: 2 to 50 acres Pineola soils and similar inclusions: 85 percent Dissimilar inclusions: 15 percent Composition Typical Profile Surface layer. 0 to 7 inches=dark brown gravelly loam Subsoil. 7 to 20 inches=yellowish brown clay loam 20 to 26 inches=brownish yellow loam Underlying material• 26 to 32 inches=brownish yellow and very pale brown gravelly loam saprolite Bedrock. 32 to 61 inches=multicolored, soft weathered, metasiltstone bedrock Soil Properties and Qualities Depth class: Moderately deep Drainage class. Well drained General texture class: Loamy Permeability., Moderate Depth to seasonal high water table: Greater than 6.0 feet below the soil surface Hazard of flooding. None Shrink -swell potential: Low Slope class. Gently sloping Extent of erosion: Slight, less than 25 percent of the original surface layer has been removed Hazard of water erosion. Moderate Surface layer organic matter content Moderate to high Potential frost action: Moderate Parent material: Residuum affected by sal creep in the upper part, weathered from felsic to mafic low-grade metamorphic rock Depth to bedrock.' 20 to 40 inches Minor Components Dissimilar inclusions: • Soils with depth to bedrock at greater than 60 inches scattered randomly throughout the map unit • Soils with depth to bedrock at less than 20 inches scattered randomly throughout the map unit • Whiteoak soils that are colluvial in nature with depth to bedrock at greater than 60 inches in saddles and on toe slopes Similar inclusions: • Pinola soils with a fine sandy loam or sandy loam surface texture in the fine earth fraction Pinola soils which have a lighter colored surface layer or with a thinner dark surface layer • Crossnore soils which have less day in the subsoil • Soils with depth to hard bedrock at 20 to 40 inches Soils with depth to soft bedrock at 40 to 60 inches Land Use Dominant Uses. Fraser fir production, pasture, and hayland Other Uses. Ornamental crops, and woodland Agricultural Development Cropland Suitabiiity.• Well suited Management concerns. Erodibility, filth, soil fertility, herbicide retention, climate, and rooting depth and droughtiness Management measures: • Using resource management systems that include terraces* and diversions, crop residue management, striperopping, and contour tillage, help to control soil erosion and surface runoff and maximize the infiltration of rainfall. • Avoiding tillage during wet periods, incorporating crop residue or leaving residue on the soil surface helps to reduce clodding and crusting and increases rainfall infiltration. • Following lime and fertilizer recommendations from soil tests helps to increase plant nutrient availability and maximizes crop productivity. Slow air drainage may allow late spring frost to damage new growth in some years. • Incorporating plant residue helps to improve water holding capacity and using shallow rooted crops helps to overcome the moderately deep rooting depth of Pineola soils. Pasture and Hayland Suitability: Well suited Management concerns: Erodibility, sal fertility, and rooting depth Management measures: • Preparing seedbeds on the contour when renovating pastures and establishing seedbeds helps to prevent further soil erosion and increases germination. • Following lime and fertilizer recommendations from soil tests helps to increase plant nutrient availability and maximizes productivity when establishing, maintaining, or renovating pasture and hayland. • Using rotational grazing, implementing a well planned clipping and harvesting schedule, and removing livestock in time to allow forage plants to recover before winter dormancy helps to maintain pastures and increases productivity. • Moderately deep rooting depth of Pineoa soils may limit the productivity for pasture and hay crop production because of low available water Orchard and Ornamental Crops Suitability: Well suited Management concerns: Erodibility, root disease, herbicide retention, ball and burlap harvesting, frost action, soil fertility, and rooting depth Management measures: • Proper management is the key to maximizing productivity and minimizing plant stress and minimizing disease such as phytophthora, on these soils. • Establishing and maintaining sod between rows and on access roads helps to reduce the hazard of erosion. Proper channelization of water away from and not into fields helps to control phytophthora root disease caused by restricted movement of air and water due to the high day content of the subsoil. • Avoiding ball and burlap harvesting during extreme moisture conditions helps prevent fracture or deformation of the ball and tearing of the roots. • Soils in this map unit may retain soil applied herbicides due to the high day content The concentration of herbicides may be damaging to future crops. • Maintaining plant cover or using mulch helps to reduce damage to roots caused by frost heaving. • Following lime and fertilizer recommendations from soil tests helps to increase the availability of plant nutrients and maximize productivity. • Moderately deep rooting depth may make Pineola soils in this map unit difficult to manage for ornamental and orchard crops because of low available water and windthrow hazard. • Using supplemental irrigation and crop varieties adapted to droughty conditions helps to increase productivity. Woodland Suitability. • Well suited Productivity class: High for eastern white One Management concerns: Windthrow hazard Management measures: • Leaving a buffer zone of trees and shrubs adacent to streams helps to reduce siltation and provides shade for the aquatic habitat. • Avoid grazing livestock in areas managed for woodland. Avoiding logging operations during periods when the soil is saturated helps to prevent rutting of the soil surface and damage to tree roots due to soil compaction. Using improved varieties of Eastern white One helps to increase productivity. Productivity may be limited on areas of Pineolasoils because of the limited rooting depth of these soils. • Replanting may be necessary on warm, south- to west -facing slopes because of reduced sal moisture or in areas of higher clay content in the subsoil. Planting when the soil is moist for extended periods helps to increase seeding survival. Urban Development Dwellings Suitability: Well suited Management concerns: Corrosivity, and depth to soft bedrock Management measures: • Designing structures to conform with natural slopes helps to improve soil performance. Vegetating disturbed areas and using erosion control structures such as sediment fences and catch basins helps to keep eroding soil on site. • Using corrosion -resistant materials helps to reduce the risk of damage to concrete. • The soft bedrock underlying the soils in this map unit should not require special equipment for excavation but are difficult to vegetate or to pack if used in fill slopes. Septic Tank Absorption Fields Suitability. Suited to poorly suited Management concerns: Permeability and depth to soft bedrock Management measures: • Contact the local Health Department for guidance on sanitary facilities. • Installing distribution lines on the contour helps to improve performance of septic tank absorption fields. • Raking trench walls helps to reduce sealing of soil pores which may occur during the excavation of septic tank absorption fields. • This map unit is difficult to manage for septic tank absorption fields because these soils are moderately deep to soft bedrock. Locating and using the deeper soils within the area may improve filter field performance. Local Roads and Streets Suitability: Well suited Management concerns: Depth to bedrock and frost action Management measures: • Designing roads on the contour and installing water control structures such as broad base dips, waterbars, and culverts helps to maintain road stability. Avoiding diversion of water directly onto fill slopes and vegetating cut and fill slopes as soon as possible helps to prevent slippage and excessive soil erosion. • Permanent surfacing of roads or using suitable subgrade or base material helps to reduce damage from frost heaving. • The soft bedrock underlying the soils in this map unit should not require special equipment for excavation but are difficult to vegetate or to pack if used in fill slopes. Lawns and Landscaping Suitability: Well suited Management concerns. Erodibility, frost action, soil compaction, soil fertility, and depth to soft bedrock Management measures: • Designing plantings on natural contours helps to increase water infiltration. Vegetating disturbed areas and using erosion control structures such as sediment fences and catch basins helps to keep eroding soil on site. Using mulch helps to reduce damage to newly established landscape plants caused by frost heaving. • Avoiding heavy equipment use on areas to be landscaped helps to prevent soil compaction. • Using lime, fertilizer, mulch, and irrigation helps to establish lawns and landscape plants. Moderately deep rooting depth may make Pineola soils difficult to manage for lawns and landscaping especially if the soil has been disturbed. • If excavated material is to be used for landscaping, any soft bedrock will need to be crushed or removed. • Using supplemental irrigation and varieties adapted to droughty conditions helps to increase the survival of grasses and landscaping plants. ►nterpredve Groups Land capability classification: I Ile Woodland ordination symbol.1 OD for eastern white pine PnC=Pineola gravelly loam, 8 to 15 percent slopes, stony Setting Landscape: Intermediate mountains in the central and northeast central part of the county Elevation range: 3,400 to 4,400 feet Landform: Mountain ridges and sideslopes Landform position: Ridgetops and upper sideslopes Shape of areas: Irregularly shaped Size of areas. 2 to 150 acres Composition Pineola soils and similar inclusions: 85 percent Dissimilar inclusions:15 percent Typical Profile Surface layer. 0 to 7 inches=dark brown gravelly loam Subsoil. 7 to 20 inches=yellowish brown clay loam 20 to 26 inches=brownish yellow loam Underlying material. 26 to 32 inches=brownish yellow and very pale brown gravelly loam saprolite 32 to 61 inches=multicolored, soft weathered, metasiltstone bedrock Soil Properties and Qualities Depth class. Moderately deep Drainage class: Well drained General texture class. Loamy Permeability • Moderate Depth to seasonal high water table: Greater than 6.0 feet below the soil surface Hazard of flooding. None Shrink -swell potential: Low Slope class. Strongly sloping Extent of erosion: Slight, less than 25 percent of the original surface layer has been removed Hazard of water erosion. Severe Rock fragments on the surface: Widely scattered surface stones and cobbles that average about 10 to 24 inches in diameter and 25 to 75 feet apart Surface layer organic matter content Moderate to high Potential frost action. Moderate Parent material. Residuum affected by soil creep in the upper part, weathered from felsic to mafic low-grade metamorphic rock Depth to bedrock. 20 to 40 inches Minor Components Dissimilar inclusions: • Soils with depth to bedrock at greater than 60 inches scattered randomly throughout the map unit • Soils with depth to soft or hard bedrock at less than 20 inches on shoulder slopes and scattered randomly throughout the map unit • Whiteoak soils that are colluvial in nature with depth to bedrock at greater than 60 inches in saddles and on toe slopes • Randomly scattered areas of rock outcrop Similar inclusions: • Pineola soils with a fine sandy loam or sandy loam surface texture in the fine earth fraction • Pinola soils which have a lighter colored surface layer or with a thinner dark surface layer • Crossnore soils which have less day in the subsoil Soils with depth to hard bedrock at 20 to 40 inches • Soils with depth to soft bedrock at 40 to 60 inches Land Use Dominant Uses: Woodand, fraser fir production, ornamentals Other Uses: Pasture and hayland, and'building site development Agricultural Devefopment Cropland Suitability. • Suited Management concerns: Erodibility, filth, herbicide retention, climate, and rooting depth and droughtiness, and soil fertility Management measures. • Using resource management systems that include contour farming, conservation tillage, crop residue management, striperopping, winter cover crops, and crop rotations which include.grasses and legumes helps to reduce sal erosion, maximize rainfall infiltration, increase available water, and improve soil fertility. • Avoiding tillage during wet periods, incorporating crop residue or leaving residue on the soil surface helps to reduce clodding and crusting and increases rainfall infiltration. • Soils in this map unit retain soil applied herbicides due to the high organic matter content of the soil surface. The concentration of herbicides may be damaging, to future crops. • Following lime and fertilizer recommendations from soil tests helps to increase plant nutrient availability and maximizes crop productivity. • Slow air drainage may allow late spring frost to damage new growth in some years. • Incorporating plant residue helps to improve water holding capacity and using shallow rooted crops helps to overcome the moderately deep rooting depth of Pinola soils. Pasture and Hayland Suitability: Well suited Management concerns: Equipment use, erodibility, herbicide retention, and rooting depth and droughtiness, and soil fertility Management measures. • Preparing seedbeds on the contour when renovating pastures and establishing seedbeds helps to prevent further soil erosion and increases germination. • Following lime and fertilizer recommendations from soil tests helps to increase plant nutrient availability and maximizes productivity when establishing, maintaining, of renovating pasture and hayland. • Soils in this map unit retain sal applied herbicides due to the high organic matter content of the soil surface. The concentration of herbicides may be damaging to future crops. • Using rotational grazing, implementing a well planned clipping and harvesting schedule, and removing livestock in time to allow forage plants to recover before winter dormancy helps to maintain pastures and increases productivity. Orchard and Ornamental Crops Suitability. Suited Management concerns: Erodibility, root disease, frost action, soil fertility, herbicide retention, roofing depth, and ball and burlap harvesting Management measures: • Proper management is the key to maximizing productivity and minimizing plant stress and minimizing disease such as phytophthora, on these soils. • Establishing and maintaining sod between rows and on access roads helps to reduce the hazard of erosion. • Maintaining plant cover or using mulch helps to reduce damage to roots caused by frost heaving. • Proper channelization of water away from and not into fields helps to control phytophthora root disease caused by restricted movement of air and water due to the high clay content of the. subsoil. • Soils in this map unit may retain soil applied herbicides due to the high clay content The concentration of herbicides may be damaging to future crops. • Moderately deep rooting depth may make Pinola soils in this map unit difficult to manage for ornamental and orchard crops because of low available water and windthrow hazard. • Following lime and fertilizer recommendations from soil tests helps to increase the availability of plant nutrients and maximize productivity. • Avoiding ball and burlap harvesting during extreme moisture conditions helps prevent fracture or deformation of the ball and tearing of the roots. • Using supplemental irrigation and crop varieties adapted to droughty conditions helps to increase productivity. Woodland Suitability Well suited Produccth* class: High for eastern white One Management concerns: Erodibility, equipment use, seeding survival, and windthrow hazard Management measures: • Designing roads on the contour and installing water control structures such as broad base dips, water bars, culverts and avoiding diversion of water directly onto fill slopes helps to stabilize logging roads, skid trails, and landings. . Reseeding all disturbed areas with adapted gasses and legumes helps to prevent soil erosion. • Leaving a buffer zone of trees and shrubs adjacent to streams helps to reduce siltation and provides shade for the aquatic habitat. • Avoid grazing livestock in areas managed for woodland. • Avoiding logging operations during periods when the soil is saturated helps to prevent rutting of the soil surface and damage to tree roots due to soil compaction. Using improved varieties of Eastern white One helps to increase productivity.. • Productivity may be limited on areas of Pinola soils because of the limited rooting depth of these soils: • Replanting may be necessary on warm, south- to west -facing slopes because of reduced soil moisture or in areas of higher clay content in the subsoil. Planting when the soil is moist for extended periods heaps to increase seeding survival. Urban Development Dwellings Suitability: Suited Management concerns: Steepness of slope, erodibility, corrosivity, and depth to bedrock Management measures: • Designing structures to conform with natural slopes helps to improve soil performance. • Vegetating disturbed areas and using erosion control structures such as sediment fences and catch basins helps to keep eroding soil on site. • Using corrosion -resistant materials for foundations and basements helps to reduce the risk of damage to concrete. • The soft bedrock underlying the soils in this map unit does not require special equipment for excavation but is difficult to revegatate or to pack if used in fill slopes. Septic Tank Absorption Fields Suitability.Poorly suited Management concerns: Depth to soft bedrock, permeability and steepness of slope Management measures. Contact the local Health Department for guidance on sanitary facilities. This map unit is difficult to manage for septic tank absorption fields because the dominant soils are moderately deep to soft bedrock. • increasing the size of septic tank absorption field helps to improve performance • Raking trench walls helps to reduce sealing of soil pores which may occur during the excavation of septic tank absorption fields. • Installing distribution lines on the contour helps to improve performance of septic tank absorption fields. Local Roads and Streets Suitability. Suited Management concerns: Depth to bedrock, frost action, erodibility, and steepness of slope Management measures: • Designing roads on the contour and installing water control structures such as broad base dips, waterbars, and culverts helps to maintain road stability. Avoiding diversion of water directly onto fill slopes and vegetating cut and fill slopes as soon as possible helps to prevent slippage and excessive soil erosion. • Permanent surfacing of roads or using suitable subgrade or base material helps to reduce damage from frost heaving. • The soft bedrock underlying the soils in this map unit should not require special equipment for excavation but are difficult to vegetate or to pack if used in fill slopes. Lawns and Landscaping Suitability. Suited Management concerns: Steepness of slope, erodibility, soil fertility, frost action, and soil compaction Management measures: • Designing plantings on natural contours helps to increase water infiltration. Vegetating disturbed areas and using erosion control structures such as sediment fences and catch basins helps to keep eroding soil on site. • Using lime, fertilizer, mulch, irrigation, and varieties adapted to droughty conditions helps to establish lawns and landscape plants. Using mulch helps to reduce damage to newly established landscape plants caused by frost heaving. Avoiding heavy equipment use on areas to be landscaped helps to prevent soil compaction. Interpretive Groups Land capability classification: IVe Woodland ordination symbol: 1 OD for eastern white pine PnD=Pineola gravelly loan 15 to 25 percent slopes, stony Setting Landscape: Intermediate mountains in the central and northeast central part of the county Elevation range: 3,400 to 4,600 feet Landform: Mountain ridges and slopes Landform position: Ridgetops and upper sideslopes Shape of areas. Irregularly shaped Size of areas. 2 to 275 acres Pineola soils and similar inclusions: 85 percent Dissimilar inclusions: 15 percent Composition Typical Profile Surface layer., 0 to 7 inches=dark brown gravelly loam Subsoil: 7 to 20 inches=yellowish brown clay loam 20 to 26 inches=brownish yellow loam Underlying material: 26 to 32 inches=browrdsh yellow and very pale brown gravelly loam saprolite 32 to 61 inches=multicolored, soft weathered, metasiltstone bedrock Soil Propenlies and Qualities Depth class: Moderately deep Drainage class. Well drained General texture class: Loamy Permeability, • Moderate Depth to seasonal high water table: Greater than 6.0 feet below the sal surface Hazard of flooding. None Shrink -swell potential: Low Slope class. Moderately steep Extent of erosion: Slight, less than 25 percent of the original surface layer has been removed Hazard of water erosion: Very severe Rock fragments on the surface: Widely scattered surface stones and cobbles that average about 10 to 24 inches in diameter and 25 to 75 feet apart Surface layer organic matter content Moderate to high Potential frost action. Moderate Parent material.• Residuum affected by sal creep in the upper part, weathered from felsic to mafic low-grade metamorphic rock Depth to bedrock. • 20 to 40 inches Minor Components Dissimilar inclusions: Soils with depth to bedrock at greater than 60 inches scattered randomly throughout the map unit Soils with depth to soft or hard bedrock at less than 20 inches on shoulder slopes and scattered randomly throughout the map unit • Whiteoak soils which are colluvial in nature with depth to bedrock at greater than 60 inches in saddles and on toe slopes • Randomly scattered areas of rock outcrop Similar inclusions: • Pinola soils with a fine sandy loam or sandy loam surface texture in the fine earth fraction • Pineola soils which have a lighter colored surface layer or with a thinner dark surface layer • Crossnore soils which have less day in the subsoil • Soils with depth to hard bedrock at 20 to 40 inches • Soils with depth to soft bedrock at 40 to 60 inches Land Use Dominant Uses: Woodland, fraser fir production, ornamentals Other Uses. Pasture and hayland, and building site development Agricultural Development Cropland Suitability: Poorly suited Management concerns: Steepness of slope, erodibility, filth, herbicide retention, climate, and rooting depth and droughtiness, and soil fertility Management measures. • This map unit is difficult to manage for cultivated crops because the slope limits the use of equipmnnt • Using resource management systems that include contour farming, conservation tillage, crop residue management, striperopping, winter cover crops, and crop rotations which include grasses and legumes helps to reduce sal erosion, maximize rainfall infiltration, increase available water, and improve soil fertility. • Avoiding tillage during wet periods, incorporating crop residue or leaving residue on the soil surface helps to reduce clodding and crusting and increases rainfall infiltration. • Avoiding tillage during wet periods, incorporating crop residue or leaving residue on the soil surface helps to reduce clodding and crusting and increases rainfall infiltration. • Soils in this map unit retain soil applied herbicides due to the high organic matter content of the soil surface. The concentration of herbicides may be damaging to future crops. • Following lime and fertilizer recommendations from soil tests helps to increase plant nutrient availability and maximizes crop productivity. Slow air drainage may allow late spring frost to damage new growth in some years. Incorporating plant residue helps to improve water holding capacity and using shallow rooted crops helps to overcome the moderately deep rooting depth of Pineola soils. Pasture and Hayland Suitability- Suited to pasture; suited to poorly suited to hayland Management concerns: Equipment use, erodibility, herbicide retention, and rooting depth and droughtiness, and soil fertility Management measures: • Steepness of slope may limit equipment use on steeper areas when harvesting hay crops. Preparing seedbeds on the contour when renovating pastures and establishing seedbeds helps to prevent further soil erosion and increases germination. . • Following lime and fertilizer recommendations from soil tests helps to increase plant nutrient availability and maximizes productivity when establishing, maintaining, or renovating pasture and hayland. • Soils in this map unit retain soil applied herbicides due to the high organic matter content of the soil surface. The concentration of herbicides may be damaging to future crops. • Using rotational grazing, implementing a well planned clipping and harvesting schedule, and removing livestock in time to allow forage plants to recover before winter dormancy helps to maintain pastures and increases productivity. Orchard and Ornamental Crops Suitability: Suited Management concerns: Erodibifity, root disease, frost action, soil fertility, herbicide retention, rooting depth, and ball and burlap harvesting Management measures: • Proper management is the key to maximizing productivity and minimizing plant stress and minimizing disease such as phytophthora, on these soils. • Establishing and maintaining sod between rows and on access roads helps to reduce the hazard of erosion. Maintaining plant cover or using mulch helps to reduce damage to roots caused by frost heaving. • Proper channelization of water away from and not into fields helps to control phytophthora root disease caused by restricted movement of air and water due to the high day content of the subsoil. • Soils in this map unit may retain soil applied herbicides due to the high day content The concentration of herbicides may be damaging to future crops. • Moderately deep rooting depth may make Pineola soils in this map unit difficult to manage for ornamental and orchard crops because of low available water and windthrow hazard. • Following lime and fertilizer recommendations from soil tests helps to increase the availability of plant nutrients and maximize productivity. • Avoiding ball and burlap harvesting during extreme moisture conditions helps prevent fracture or deformation of the ball and tearing of the roots. • Using supplemental imgation and crop varieties adapted to droughty conditions helps to increase productivity. Woodland Suitability. Suited produccfivo class: High for eastern white pine Management concerns: Erodibility, equipment use, seeding survival, and windthrow hazard Management measures: • Designing roads on the contour and installing water control structures such as broad base dips; water bars, culverts and avoiding diversion of water directly onto fill slopes helps to stabilize logging roads, skid trails, and landings. Reseeding all disturbed areas with adapted grasses and legumes helps to prevent soil erosion. Leaving a buffer zone of trees and shrubs adacent to streams helps to reduce siltation and provides shade for the aquatic habitat. Avoid grazing livestock in areas managed for woodland. • Avoiding logging operations during periods when the soil is saturated helps to prevent rutting of the soil surface and damage to tree roots due to soil compaction. • Using improved varieties of Eastern white one helps to increase productivity. • Productivity may be limited on areas of Pineola soils because of the limited rooting depth of these soils. • Replanting may be necessary on warm, south- to west -facing slopes because of reduced soil moisture or in areas of higher clay content in the subsoil. Planting when the soil is moist for extended periods helps to increase seeding survival. Urban Development Dwellings Suitability. Suited to poorly suited Management concerns: Steepness of slope, erodibility, ororrosivity, and depth to.bedrock Management measures: • Designing structures to conform with natural slopes helps to improve soil performance. Vegetating disturbed areas and using erosion control structures such as sediment fences and catch basins helps to keep eroding soil on site. • Using corrosion -resistant materials for foundations and basements helps to reduce the risk of damage to concrete. • The soft bedrock underlying the soils in this map unit does not require special equipment for excavation but is difficult to revegatate or to pack if used in fill slopes. Septic Tank Absorption Fields Suitability. Poorly suited Management concerns: Depth to soft bedrock, permeability and steepness of slope Management measures: • Contact the local Health Department for guidance on sanitary facilities. • This map unit is difficult to manage for septic tank absorption fields because the dominant soils are moderately deep to soft bedrock. • Increasing the size of septic tank absorption field helps to improve performance • Raking trench walls helps to reduce sealing of soil pores which may occur during the excavation of septic tank absorption fields. • Installing distribution lines on the contour helps to improve performance of septic tank absorption fields. Local Roads and Streets Suitability.- Suited Management concerns: Depth to bedrock, frost action, erodibility, and steepness of slope Management measures: • Designing roads on the contour and installing water control structures such as broad base dips, waterbars, and culverts helps to maintain road stability. Avoiding diversion of water directly onto fill slopes and vegetating cut and fill slopes as soon as possible helps to prevent slippage and excessive soil erosion. • Permanent surfacing of roads or using suitable subgrade or base material helps to reduce damage from frost heaving. - The soft bedrock underlying the soils in this map unit should not require special equipment for excavation but are difficult to vegetate or to pack if used in fill slopes. Lawns and Landscaping Suitability: Suited to poorly suited Management concerns: Steepness of slope, erodibility, soil fertility, frost action, and sal compaction. Management measures: • Designing plantings on natural contours helps to increase water infiltration. Vegetating disturbed areas and using erosion control structures such as sediment fences and catch basins helps to keep eroding soil on site: • Using lime, fertilizer, mulch, irrigation, and varieties adapted to droughty conditions helps to establish lawns and landscape plants. • Using mulch helps to reduce damage to newly established landscape plants caused by frost heaving. • Avoiding heavy equipment use on areas to be landscaped helps to prevent soil compaction. Interp►edve Groups Land capability classification: Me Woodland ordination symbol: 1 OR for eastern white pine WtD=Whiteoak fine sandy loam,15 to 30 percent slopes, very stony Setting Landscape: Intermediate mountains in the central and northeast central part of the county Elevation range: 3,000 to 4,200 feet Landform: Coves, colluvial fans, and benches Landform position: Foot slopes and toe slopes Shape of areas: Irregular. Size of areas: 2 to 30 acres Whiteoak soils and similar inclusions: 90 percent Dissimilar inclusions: 10 percent Composition Typical Profile Surface layer. 0 to 9 inches=very dark grayish brown fine sandy loam Subsoil.- 9 to 12 inches=dark yellowish brown fine sandy loam 12 to 30 inches=yellowish brown clay loam 30 to 55 inches=yellowish brown loam 55 to 62 inches=yellowish brown loam Soil Properties and Qualities Depth class: Very deep Drainage class: Well drained General texture class: Loamy Permeability., Moderate Depth to seasonal high water table: Greater than 6.0 feet below the soil surface Hazard of flooding: None Shrink -swell potential: Low Slope class: Moderately steep Extent of erosion: Slight, less than 25 percent of the original surface layer has been removed Hazard of water erosion: Very severe Surface layer organic matter content Moderate to high Potential frost action: Moderate Special climatic conditions: SuNect to slow air drainage allowing for late spring and early fall frost Parent material: Colluvium derived from felsic to mafic low-grade metamorphic rock Depth to bedrock Greater than 60 inches Other distinctive properties: Random areas of seeps and springs Minor Components Dissimilar inclusions: Soils with more rock fragments in the subsoil, in drainageways as well as occurring randomly Somewhat poorly drained Cullowhee soils that are loamy in the upper part and 20 to 40 inches to strata high in rock fragments, along stream channels Similar inclusions: • Whiteoak soils with sandy loam or loam surface texture Whiteoak soils with surface layers that have less organic matter, and lack the thick dark surface layer Stater soils that rarely flood for very brief duration, along stream channels Land Use Dominant Uses: Pasture, hayland, woodland Other Uses. Fraser fir production and ornamental crops Agricultural Development Cropland Suitability.- Poorly suited Management concerns: Erodibility, steepness of slope, filth, soil fertility, herbicide retention, and climate Management measures: • Soils in this map unit are difficult to manage for cultivated crops because steepness of slope limits equipment use. • Using resource management systems that include contour farming, conservation tillage, crop residue management, striperopping, winter cover crops, and crop rotations which include grasses and legumes helps to reduce sal erosion, maximize rainfall infiltration, increase available water, and improve soil fertility. • Avoiding tillage during wet periods, incorporating crop residue or leaving residue on the soil surface helps to reduce clodding and crusting and increases rainfall infiltration. • Soils in this map unit retain soil applied herbicides due to the high organic matter content of the soil surface. The concentration of herbicides may be damaging to future crops. • Following lime and fertilizer recommendations from soil tests helps to increase plant nutrient availability and maximizes crop productivity. • Slow air drainage may allow late spring frost to damage new growth in some years. Pasture and Hayland Suitability.. Suited to pasture; suited to poorly suited to hayland Management concerns: Equipment use, erodibility, herbicide retention, and soil fertility Management measures. Steepness of slope may limit equipment use on steeper areas when harvesting hay crops. Preparing seedbeds on the contour or across the slope helps to reduce soil erosion and increases germination. Fencing livestock from creeks and streams helps to prevent streambank erosion and sedimentation. Soils in this map unit retain soil applied herbicides due to the high organic matter content of the soil surface. The concentration of herbicides may be damaging to future crops. • Following lime and fertilizer recommendations from soil tests helps to increase plant nutrient availability and maximizes productivity when establishing, maintaining, or renovating pasture and hayland. • Using rotational grazing, implementing a well planned clipping and harvesting schedule, and removing livestock in time to allow forage plants to recover before winter dormancy helps to maintain pastures and increases productivity. Orchard and Ornamental Crops Suitability. Suited Management concems. Erodibility, steepness of slope, climate, root disease, ball and burlap harvesting, frost action, herbicide retention, and sal fertility, Management measures. • Proper management is the key to maximizing productivity and minimizing plant stress and minimizing disease such as phytophthora, on these soils. Establishing and maintaining sod between rows and on access roads helps to reduce the hazard of erosion. Proper channelization of water away from and not into fields helps to control phytophthora root disease caused by restricted movement of air and water due to the high clay content of the subsoil. • When planting fraser fir, avoid toe slope and foot slope positions on the landscape in this map unit. Also avoid drains, drainways, concave, and depressional areas where water would concentrate for prolonged periods of time. These areas are more susceptible to phytophthora root disease. • Slow air drainage may allow late spring frost to damage new growth in some years. • Avoiding ball and burlap harvesting during extreme moisture conditions helps prevent fracture or deformation of the ball and tearing of the roots. • Maintaining plant cover or using mulch helps to reduce damage to roots caused by frost heaving. • Using plant applied herbicides increases effectiveness as compared to soil applied herbicides which are tied -up by organic matter. • Following lime and fertilizer recommendations from soil tests helps to increase the availability of plant nutrients and maximize productivity. Woodland Suitability. • Suited Potential for commercial species: Moderately high for cove hardwoods Productivity class: Moderately high for yellow -poplar Management concerns. Steepness of slope, erodibility, seedling survival, and herbicide retention Management measures: • Designing roads on the contour and installing water control structures such as broad base dips, water bars, culverts and avoiding diversion of water directly onto fi►I slopes helps to stabilize logging roads, skid trails, and landings. Reseeding all disturbed areas with adapted grasses and legumes helps to prevent sal erosion. • Leaving a buffer zone of trees and shrubs agacent to streams helps to reduce siltation and provides shade for the aquatic habitat. • Avoid grazing livestock in areas managed for woodland. • These soils are best reforested by managing for natural regeneration of hardwoods or planting improved varieties of Eastern white pine. • Replanting may be necessary on warm, south- to west -facing slopes because of reduced soil moisture. Planting when the soil is mast for extended periods helps to increase seedling survival. • Soil applied herbicides are retained due to herbicide -organic matter binding which may damage tree seedlings when cropland is converted to woodland. Urban Development Dwellings Suitability: Suited to poorly suited Management concerns: Erodibility, steepness of slope, seeps and springs, stones and boulders, and corrosivity Management measures: • Vegetating disturbed areas and using erosion control structures such as sediment fences and catch basins helps to keep eroding soil on site. • Designing structures that conform to the natural slope helps to improve soil performance. • Installing a subsurface drainage system around foundations helps to intercept water from seeps and springs. • Using corrosion -resistant materials helps to reduce the risk of damage to concrete. Large stones and boulders may be encountered during excavation. Septic Tank Absorption Fields . Suitability: Poorly suited Management concerns. Steepness of slope, restricted permeability and, seeps and springs Management measures: Contact the local Health Department for guidance on sanitary facilities. Increasing the size of septic tank absorption field helps to improve performance. Raking trench walls helps to reduce sealing of soil pores which may occur during the excavation of septic tank absorption fields. Excavations may cut into seeps and springs. These areas should be avoided. Installing distribution lines on the contour helps to improve performance of septic tank absorption fields. Local Roads and Streets Suitability. Suited Management concerns: Steepness of slope, low strength, erodibility, frost action, and seeps and springs Management measures: • Incorporating sand and gravel and compacting roadbeds helps to improve soil strength. • Designing roads on the contour and installing water control structures such as broad base dips, waterbars, and culverts helps to maintain road stability. Avoiding diversion of water drectiy onto fill slopes and vegetating cut and fill slopes as soon as possible helps to prevent slippage and excessive soil erosion. • Permanent surfacing of roads or using suitable subgrade or base material helps to reduce damage from frost heaving. • Intercepting and diverting underground water from seeps and springs helps to stabilize cut and fill slopes. Lawns and Landscaping Suitability: Suited to poorly suited Management concerns: Steepness of slope, erodibility, soil compaction, frost action, herbicide retention, large stones and boulders, climate, and soil fertility Management measures: • Designing plantings on natural contours helps to increase water infiltration. Vegetating disturbed areas and using erosion control structures such as sediment fences and catch basins helps to keep eroding soil on site. Avoiding heavy equipment use on areas to be landscaped helps to prevent soil compaction. • Using mulch helps to reduce damage to newly established landscape plants caused by frost heaving. • Using plant applied herbicides increases effectiveness as compared to soil applied herbicides which are tied -up by organic matter. • Removing the large stones and boulders and limiting the use of equipment to the larger, open areas help to improve the suitability of these soils. Slow air drainage may allow late spring frost to damage new growth in some years. • Using lime, fertilizer, mulch, and irrigation helps to establish lawns and landscape plants. Stockpile topsoil from disturbed areas and replace it before landscaping. Interpretive Groups Land capability classification: Vle Woodland ordination symbol. 7R for yellow -poplar I 7C i h 18 9lD � �n 4 `•a .-> r w�„ .. j Tod : �• ., b$C 6B X. JJE qL } i SD t ':IN {69 i` 4 ilx 6s�. LSD Gec �+:•, � A? Sp, :f= -i •" _ r ,g 16 _ //,,��{!^� 6g� � '•• � '" a �c ` •� • "� <:c •"'' ,� off'^ ''�„� �' "i qA 69�' �D 4, `•.l r r M �` � s �,. 9 . � .t! '.r ' r� • �t �� A w� e t . � I � (F� } (..g9-1 A t. - � r vas n w•4 n.=.. .+r �. IDi�.• �� iC � �� .� -i bUv • 6 � �°t. . � t1 C • f it�h �¢ Y :• l/i�'�h-, r�_<'�; l :�, F � e. �v --Y !. l' 'a' � ,ti n x OD Air- e r ^ r r p "'^4,{-r]' (o� r� � / i,1C 1 � � ' `� ~ r'� '� -r.,. 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Department of Agriculture T Soil Survey Field Sheet Natural Resources Conservation Service N - 1" = 1000' Avery County, North Carolina Cooperating with Approximate Scale Advance Copy - Subject To Change State Agricultural Experiment Station Survey has not been compiled no: .o• eia;e: USDA - r.RCS - Fort Worth. Texas Names may be changed and areas may be r (o =; o! LE N� 1892 Linville lie,5orbs, Inc. The E,5eeola Lode January 10, 2002 Mr. Dale Franklin Linville Heights Box 2290 Banner Elk, N. C. 28604 Dear Dale: This is to confirm our conversation stating that Linville Resorts, Inc. cannot furnish your project at Linville Heights with sewer service. As you know we are not a municipality and only provide this for our own use and have allowed the Cannon Hospital to hook up as a community service. I am sorry we cannot help you; however wish you success in your project. Sincerely, 1 John M. Blackburn p l: John M. BlackburnTel. (828) 733-4311 PrebidenL - General Manager `T1986-20M FI1X (828) 733-3227 P.O. Box 99 0 Linville, North Carolina 28646 C.L. HUGHES, III Attorney at Law 104 Elk Street P.O. Box 1388 Newland, NC 28657 Telephone: (828) 733-8810 January 31, 2002 Dale Franklin P.O. Box 2290 Banner Elk, NC 28604 Re: Linville Heights/Town of Newland — Water and Wastewater Dear Mr, Franklin: Fax: (828) 733-0983 The Town of Newland is presently involved in a major upgrade and expansion of its wastewater treatment system. Until that is completed the Town cannot accept new water and sewer customers or users due to capacity limitations and health regulations. After the completion of the system upgrades, which we hope are somewhere between October 1, 2003 and April 30, 2004, the Town would be able to accept new customers or even allow a development such as you have proposed at Linville Heights to avail; itself of Town water and sewer with the clear and inarguable understanding that 100% of the cost of connecting to the then -existing lines and facilities of the Town will be borne by you/your company. At such time as the connections are made and services provided, the customers would pay the rate for said services as established by the Town and abide by the rules and regulations promulgated by the same for said classification of users. CAMy Documents\Town of Newland\Franklin, Dale letter.doc Page two Letter to Dale Franklin January 31, 2002 The ownership and obligation for the maintenance of the necessary lines and equipment involved in the project would transfer to the Town of Newland upon completion of the project, payment in full for all labor and materials involved by you/your company and the commencement of use of the services provided. Thank you. Sincerely, C.L. Hughes, III Town Attorn*y ,:. CLH/hcr Cc: Gary Gavenus, Esq. Brenda Pittman, Town :Clerk CAMy Documents\Town of NewlandWranklin, Dale letter.doc I (AVII. .IOF-IN T. COXEY CONSULTING ENGINEERING, PA. October 26, 2000 Mr. Don Baker Office of the County Manager P. O. Box 640 Newland, North Carolina 28657 Re: Linville Heights Application for NPDES Permit Project No. 20010 Dear Mr. Baker: Attached please find a copy of the NPDES Application for the above referenced project and a copy of the Local Government Review from which requires your signature. Mr. Dale Franklin has applied to the State of North Carolina for a wastewater discharge permit for his development off Highway 181 near Newland. The application process requires that local uovernments review the Permit Application and sign the enclosed local Government Review form. Please return the form to my oft%ce or Dale's office after you have had a chance for review. If you have any questions, please give rye a call. Sincerely, John 1'. Coxe_v Consulting Engineering, P. A. John T. Coxey, P. E. J TC/pc Enclosures cc: Dale Franklin JOHN T COXI Y, P.E. PRESIDENT 53 FOX CHASE RD. \VEST AS1-11---VIl_L_l;, `< C '8804- PHONE (828) 645-404C FAX (82 8) G.58- I :i()4 Local Government Review Requirements Vfor the Issuance of New Non -Municipal Domestic Wastewater Discharge Permits General Statute Overview North Carolina General Statute 143-215.1 (c)(6) allows input from local govcrnmictits in the issuance of Npl)I:S permits for non - municipal domestic wastewater treatment facilities. Specifically, the 1;,nvironmental Management Commission (EIVIC) may not act on an application for a new non -municipal domestic wastewater discharge facility until it has received a written statement from each city and county government having jurisdiction over any part of the lands on which the proposed facility and its appurtenances are to be located. The written statement shall document whether the city or county has a zoning or subdivision ordinance in effect and (if such an ordinance is in effect) whether the proposed facility is consistent with the ordinance. The EMC shall not approve a permit application for any facility which a city or county has determined to be inconsistent with zoning or subdivision ordinances unless the approval of such application is determined to have statewide significance and is in the best interest of the State. Instructions to the Applicant Prior to submitting an application for a NPDES Permit for a proposed facility, the applicant shall request that both the nearby city and county government complete this for The applicant must: ♦ Submit a copy of the permit application (with a written request for this form to be completed) to the clerk of the city and the county by certified mail, return receipt requested. ♦ If either (or both) local government(s) fail(s) to mail the completed form, as evidenced by the postmark on the certified mail card(s), within 15 days after receiving and signing for the certified mail, the applicant may submit the application to the NPDES Unit. ♦ As evidence to the Commission that the local government(s) failed to respond within 15 days, the applicant shall submit a copy of the certified mail card along with a notarized letter stating that the local government(s) failed to respond within the 15-day period. ' Instructions to the Local Government The nearby city and/or county government which may have or has jurisdiction over any part of the land on which the proposed facility or its appurtenances are to be located is required to complete and return this form to the applicant within 15 days of receipt The form must be signed and notarized. Name of local government (City/County) Does the city/county have jurisdiction over any part of the land on which the proposed facility and its appurtenances are to be located? Yes [v� No [ ] If no, please sign this form, have it notarized, and return it to the applicant. Does the city/county have in effect a zoning or subdivision ordinance? Yes [✓iNo [ If there is a zoning or subdivision ordinance in effect, is the plan for the proposed facility consistent with the ordinance? Yes[ V No[ j Date 2'� 0^� Signature K' (i- aAe(—, (City Manager/County Manager) State oA. , County of A%\J On this day of 260d, personally appeared before me, the said name_NLLI� ,aer to me known and known to me to be the person described in and who executed the foregoing document and he (or she) acknowledged that he (or she) executed the same and being duly sworn by me, made oath that the statements in the foregoing document are true. i I-, My Commission expires b 9 ,(A003 .(Signature of Notary Publi No tan Public (()fli&tl tical LE VILLE HEIGHTS, L.F. P.O. Box 7369, Naples, FL 34102 941-643-4211 P.O. Box 2290 Banner Elk, N. C 28604 828-898-5888. August 25, 2000- North Carolina Department of Environment and Natural Resources Division of Water Quality NPDES Unit 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Re: Linville Heights NPDES Permit Application Avery County Dear Sir/Madam, This letter serves to certify that Linville Heights Limited Partnership is financially qualified to fund construction of a wastewater treatment facility at Linville Heights for treatment of 36,000 gallons per day of domestic sewage. Furthermore, as developers of Crooked Creek in Banner Elk, North Carolina, we have demonstrated previous compliance with federal and state laws, regulations and rules for protection of the environment. Sincerely, S. Dale Franklin, Vice President Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Coleen H. Sullins, Director Division of Water Quality SURFACE WATER PROTECTION SECTIO September 4, 2007 Mr. Devlin Linville Heights LP PO Box 7369 Naples, NC 34101 SUBJECT: Wastewater Collection System Owner & Operator Requirements Linville Heights WWTP NCO087751 Avery County Dear Mr. Devlin: I would like to take this opportunity to discuss the requirements for sewerage collection systems that were first established in 15 NCAC .02H .0200 in March 2000 and are now found in 15 NCAC 2T .0403, Waste Not Discharged to Surface Waters, which became effective September 1, 2006. These Regulations place significant operation, maintenance and reporting requirements on those entities that own or operate a wastewater collection system with average daily flows of less than 200,000 gallons per day. These regulations are applicable to your facility. This letter is provided as guidance to' assist -you in complying with the new reporting and operations and maintenance (O&M) requirements and to advise you that you are subject to system review, inspections and possible enforcement,' if the system is not in compliance with the regulation. For your convenience and easy reference, a highlight of these requirements and the following guidance are offered (see enclosed). You may find the regulations using the following web site: http://h2o.enr.state.ne.us/peres/Collection%2OSystems/CollectionSVstemsHome.htmI . The Asheville Regional Office will be increasing the level of oversight, compliance activities and enforcement relating to collections systems, therefore, we wanted to be sure you are aware of the requirements for these systems. We will be performing NPDES Wastewater Collection System inspections sometime in the near future. NoOuenhCarolina ,Naturally North Carolina Division of Water Quality 2090 US Hwy 70; Swannanoa, NC 28778 Phone (828) 296-4500 Internet: www..ncwaterquality.org Customer Service 1-877-623-6748 FAX (828) 299-7043 An Equal Opportunity/Affirmative Action Employer — 50% Recycled/10% Post Consumer Paper September 4, 2007 Page 2 of 2 If this Office has not previously inspected your wastewater collection system and records of same, you should be prepared to demonstrate compliance with all criteria listed above. Enclosed is an inspection form that you can use to assemble your records prior to an inspection by the staff of this office. This Office has a Wastewater Treatment Plant Consultant on staff to offer assistance to you in complying with the requirements of these regulations. Should you have questions or need additional information regarding this issue, please contact Don Price at (828) 296-4500. Should you have any other questions concerning this correspondence or the requirements relating to collection systems, please contact Roy Davis or Keith Haynes at 828- 296-4500. Sincerely, Roger C. Edwards, Supervisor Surface Water Protection Section cc: Deborah Gore - PERCS Unit - w/out enclosures 4Aus; gifig Roe�a�i anal911'j'ce a itit�y kill, kudeanweksures�� DWQ - SWPS - Central Office Files - w/out enclosures