NC0029882_Regional Office Historical File 2007 to 2017

Facility information
NPDES permit #: NC0029882 Buncombe County
Facility name: Briarwood Subdivision WWTP
WWTP class: II
WWTP type: 0.0075 MGD metal extended aeration package
plant consisting of: (no bar screen); aeration
basin with dual blowers providing diffused air;
rectangular hoppered clarifier with dual skimmer
and sludge returns; (no aerobic digestor); tablet
chlorinator; chlorine contact chamber; and tablet
dechlorinator.
Note:
Annual Average Flow:
Collection System:
Development:
Sludge Management:
WWTP location:
Responsible official:
Responsible "'s title:
Official's location:
Phone numbers
828-683-3791
828-683-3563
828-275-3563 cell
828-697-0063
828-697-0065
828-674-8169
828-674-8171
This is an excellent activated sludge seed plant.
0.0021 MGD (3 year average: 2007-2010)
WQCSD0425 - 13 connections
Consists of 12 residential homes serving a
population of 36 and one construction business.
Commercial hauler (Mike Lusk's Septic Service)
to the City of Brevard's and MSD's WWTPs.
Dix Creek Road # 1 (NCSR 1309), Leicester;
southeast of Georgetown
Bertha S. Burnette
owner
41 Dix Creek Road # 1; Leicester, NC 28748
Bertha Burnette - home
David E. Burnette — (Bertha's son) - @ home
" — (construction warehouse)
James & James Env. Mgmt.-ORC contractor & lab
" -fax
Harry — cell
Juanita - cell
�Y1 5-e

Operator information
Contract ORC : James & James Env. Mgmt.-ORC contractor & lab
Physical address: 3801 Asheville Hwy.; Hendersonville, NC 28791
Mailing address: PO Box 519; Mountain Home, NC 28758
Permit information
Date issued: 12-1-2010
Expiration date: 10-31-2015
Stream information
Stream:
Dix Creek
River basin:
French Broad River Basin
Sub -basin:
04-03-02
Quad:
Enka, NC
Grid:
E 8 SW
Stream classification:
C
Drainage area sq mi:
no data
Instream Waste Conc.:
no data
Average stream flow:
no data
Summer 7Q10 cfs:
0.5
Winter 7Q10 cfs:
0.6
Other information
Directions: From 1-40 West, go 2 miles. Merge onto 1-240
West at Exit 52-B. Go 5.8 miles. 1-240 West
becomes US Alt 74 W / US 19 & 23. Go 1.3 miles.
Turn right onto NC 63 / New Leceister Highway.
Go 4.4 miles. Turn left onto Newfound Road
(NCSR 1004). Go 0.8 miles. Turn left onto Dix
Road Number Two. Go 1.2 miles. Turn left onto
Dix Creek Road Number One. The WWTP is
located on a gravel road on the right, just before
David Burnette's construction business &
warehouse.

A;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 10, 2010
Bertha S. Burnette
Briarwood Subdivision
41 Dix Creek One Road
Leicester, North Carolina 28748
Subject
Dear Ms. Burnette:
Issuance of NPDES Permit No. NCO029882
Briarwood Subdivision WWTP
Buncombe County
-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 contains no changes from the Draft permit mailed to you on September 15, 2010.
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 150E of the North Carolina General Statutes, and
filed with the Office of Administrative Hearings (6714 Mail Service Center, Raleigh, North Carolina 27699-6714). Unless
such demand is made, this decision shall be final and binding.
Please note that this permit is not transferable except after notice to the Division. The Division may require modification
or revocation and reissuance of the permit. This permit does not affect the legal requirements to obtain other permits
which may be required by the Division of Water Quality or permits required by the Division of Land Resources, the
Coastal Area Management Act or any other Federal or Local governmental permit that may be required. If you have any
questions concerning this permit, please contact Bob Guerra at telephone number [phone] or email at
(bob.guerra(a)ncdenr.gov).
Sincere)
oleen H. Sullins
Enclosure: NPDES Permit NCO029882
cc: NPDES Unit
Central files
sl%e ill: Regional Office-/ Surface W .ater-P_k -ctior (Roger.edwards(d)r
Technical and Assistance Certification Unit — (iames.pugh(a�ncdenr.gov)
1617 Mail Service Center, Raleigh, North Carolina 27699-1617
Location: 512 N. Salisbury St. Raleigh, North Carolina 27604 -
Phone: [phone] \ FAX: [phone] \ Customer Service:1-877-623-6748
Internet: http://portal.ncdenr.org/web/wglhome
An Equal opportunity 1 Affirmative Action Employer
D
NOV 2 3 2010
OV) (610pyi 1 QUALITY SECTION
�) ASHEVILLE REGIONAL OFFICE
NorthCarolina
;Vaturmllry

Permit NC002,9882
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
PERMIT
TO DISCHARGE WASTEWATER UNDER THE
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
In compliance with the provisions of North Carolina General Statute 143-215.1, other lawful standards
and regulations promulgated and adopted by the North Carolina Environmental Management
Commission, and the Federal Water Pollution Control Act, as amended,
Bertha S. Burnette
is hereby authorized to discharge wastewater from a facility located at the
Briarwood Subdivision WWTP
Dix Creek Road Number One (NCSR 1309)
Southeast of Georgetown
Buncombe County
to receiving waters designated as Dix Creek in the French Broad 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 December 1, 2010.
This permit and authorization to discharge shall expire at midnight on October 31, 2015.
Signed this day November 10, 2010.
Keen H. u ins, 5irector
,0/_Division of Water Quality
By Authority of the Environmental Management Commission

All previous NPDES Permits issued to this facility, whether for operation or discharge, are
hereby superseded and, as of this issuance, any previously issued permit describing this
treatment facility or 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 described herein.
Bertha S. Burnette is hereby authorized to:
1.' Continue to operate an existing 0.0075 MGD wastewater treatment plant consisting of H
the following treatment components:
♦ Manual bar screen
♦ Extended aeration basin with dual blowers
♦ Rectangular Clarifier with skimmer and sludge return
♦ Aerobic digestor
♦ Tablet chlorinator
♦ Dechlorination
♦ Chlorine contact chamber
2. This facility is located on Dix Creek Road Number One (NCSR 1309) southeast of
Georgetown at the Briarwood Subdivision WWTP in Buncombe County.
3. Discharge from said treatment works at the location specified on the attached map
into Dix Creek, classified C waters in the French Broad River Basin.

D.
\� / (� mil/ �tt � �if� •
oAll
,
•
Bertha S. Burnette
Briarwood Subdivision WWTP
Utitude: 35. 36' 19" N State Grid: Enka
Longitude: 820 40' 33" W Permitted Flow: 0.0075 MGD
Recei.ing Stream: Dix Creek Stream Class: C
Drainage Basin: French Broad River Basin Sub -Basin: 04-03-02
Outfall 001
Facility
Location
not to scale
North NPDES Permit No.'N00029882
Buncombe County

Perm it-N C0029882
A. (1.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS
During the period beginning on the effective .date of this permit and lasting until expiration, the Permittee is
authorized to discharge from outfall 001. Such discharges shall be limited and monitored by the Permittee as
specified below:
EFFLUENT
CHARACTERISTICS
h LIMITS w
MONITORING REQUIREMENTS
•
i
Monthly
Daily
Measurement
Sample Type
Sample Location
Average
Maximum
Frequency:, h
3
50050 - Flow
0:0075 MGD
Weekly
Instantaneous
Influent or Effluent-
00310 - BOD, 5-day, 201 C
30.0 mg/L
45.0 mg/L
Weekly
Grab
Effluent
00530�- Total Suspended
30.0 mg/L
45.0 mg/L
Weekly
Grab
Effluent
Solids
00610 - NH3 as N
2/Month
.Grab-
Effluent
31616 - Fecal Coliform
200/100 ml
400/100ml
Weekly
Grab
Effluent
(geometric mean)
50060 - Total Residual
28 pg/L
2/Week
Grab
Effluent
Chlorine
00010 - Temperature (°C)
Weekly
Grab
Effluent
00400 — pH
6.0 — 9.0 Standard Units
Weekly
Grab
Effluent
Footnotes:
1. The Division shall consider all effluent TRC values reported below 50 ug/L to be in compliance with the
permit. However, the Permittee shall continue to record and submit all values reported by a North
Carolina certified laboratory (including field certified), even if these values fall below 50 ug/L.
There shall be no discharge of floating solids or visible foam in other than trace amounts.

NPDES Permit Standard Conditions
Page 1 of 18
PART II
STANDARD CONDITIONS FOR NPDES PERMITS
Section A. Definitions
2/Month
Samples are collected twice per month with at least ten calendar days between sampling events. These samples shall
be representative of the wastewater discharged during the sample period.
3/Week
Samples are collected three times per week on three separate calendar days. These samples shall be representative of
the wastewater discharged during the sample period.
Act or "the Act"
The Federal Water Pollution Control Act, also known as the Clean Water Act (CWA), as amended, 33 USC 1251, et.
seq.
Annual Average
The arithmetic mean of all "daily discharges" of a pollutant measured during the calendar year. In the case of fecal
coliform, the geometric mean of such discharges.
Arithmetic Mean
The summation of the individual values divided by the number of individual values.
Bypass
The known diversion of waste streams from any portion of a treatment facility including the collection system, which
is not a designed or established or operating mode for the facility.
Calendar Day
The period from midnight of one day until midnight of the next day. However, for purposes of this permit, any
consecutive 24-hour period that reasonably represents the calendar day may be used for sampling.
Calendar Week
The period from Sunday through the following Saturday.
Calendar Quarter
One of the following distinct periods: January through March, April through June, July through September, and
October through December.
Composite Sample
A sample collected over a 24-hour period by continuous sampling or combining grab samples of at least 100 ml in
such a manner as to result in a total sample representative of the wastewater discharge during the sample period. The
Director may designate the most appropriate method (specific number and size of aliquots necessary, the time
interval between grab samples, etc.) on a case -by -case basis. Samples may be collected manually or automatically.
Composite samples may be obtained by the following methods:
(1) Continuous: a single, continuous sample collected over a 24-hour period proportional to the rate of flow.
(2) Constant time/variable volume: a series of grab samples collected at equal time intervals over a 24 hour
period of discharge and combined proportional to the rate of flow measured at the time of individual sample
collection, or
(3) Variable time/constant volume: a series of grab samples of equal volume collected over a 24 hour period
-with the time intervals between samples determined by a preset number of gallons passing the sampling
point. Flow measurement between sample intervals shall be determined by use of a flow recorder and
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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
may only be used in situations where effluent flow rates vary less than 15 percent. The following
restrictions also apply:
➢ Influent and effluent grab samples shall be of equal size and of no less than 100 milliliters
➢ Influent samples shall not be collected more than once per hour.
➢ Permittees with wastewater treatment systems whose detention time < 24 hours shall collect effluent
grab samples at intervals of no greater than 20 minutes apart during any 24-hour period.
➢ Permittees with wastewater treatment systems whose detention time exceeds 24 hours shall collect
effluent grab samples at least every six hours; there must be a minimum of four samples during a 24-hour
sampling period.
Continuous flow measurement
Flow monitoring that occurs without interruption throughout the operating hours of the facility. Flow shall be
monitored continually except for the infrequent times when there may be no flow or for infrequent maintenance
activities on the flow device.
Daily Discharge
The discharge of a pollutant measured during a calendar day or any 24-hour period that reasonably represents the
calendar day for purposes of sampling. For pollutants measured in units of mass, the "daily discharge" is calculated as
the total mass of the pollutant discharged over the day. 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)
Daily Maximum
The highest "daily discharge" during the calendar month.
Daily Sampling
Parameters requiring daily sampling shall be sampled 5 out of every 7 days per week unless otherwise specified in the
permit. Sampling shall be conducted on weekdays except where holidays or other disruptions of normal operations
prevent weekday sampling. If sampling is required for all seven days of the week for any permit parameter(s), that
requirement will be so noted on the Effluent Limitations and Monitoring Page(s).
DWO or "the Division"
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 closure will allow
this permit to be rescinded.
Geometric Mean
The Nth root of the product of the individual values where N = the number of individual values. For purposes of
calculating the geometric mean, values of "0" (or "< [detection level]' shall be considered = 1.
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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 limits
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 Issuing_ Authority
The Director of the Division of Water Quality.
Quarterly Average (concentration limit),
The average of all "samples taken over a calendar quarter.
Severe propeM 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.
Lip —set
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 Conditions
1. Duty to Comply
The Permittee must comply with all conditions of this permit. Any permit noncompliance constitutes a violation
of the CWA and is grounds for enforcement action; for permit termination, revocation and reissuance, or
modification; or denial of a permit renewal application [40 CFR 122.41].
a. The Permittee shall comply with effluent standards or prohibitions established under section 307(a) of the
CWA for toxic pollutants and with standards for sewage sludge use or disposal established under section
405(d) of the CWA within the time provided in the regulations that establish these standards or prohibitions
or standards for sewage sludge use or disposal, even if the permit has not yet been modified to incorporate
the requirement.
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b. The CWA provides that any person who violates secdon[s] 301, 302, 306, 307, 308, 318 or 405 of the Act, or
any permit condition or limitation implementing any such sections in a permit issued under section 402, or
any requirement imposed in a pretreatment program approved under sections 402 (a) (3) or 402 (b) (8) of the
Act, is subject to a civil penalty not to exceed $37,500 per day for each violation. [33 USC 1319 (d) and 40
CFR 122.41 (a) (2)]
c. The CWA provides that any person who negligently violates sections 301, 302, 306, 307, 308, 318, or 405 of the
Act, or any condition or limitation implementing any of such sections in a permit issued under section 402 of
the Act, or any requirement imposed in a pretreatment program approved under section 402(a)(3) or
402(b)(8) of the Act, is subject to criminal penalties of $2,500 to $25,000 per day of violation, or
imprisonment of not more than 1 year, or both. In the case of a second or subsequent conviction for a
negligent violation, a person shall be subject to criminal penalties of not more than $50,000 per day of
violation, or by imprisonment of not more than 2 years, or both. [33 USC 1319 (c) (1) and 40 CFR 122.41 (a)
(2)]
d. Any person who knoivin,gly violates such sections, or such conditions or limitations is subject to criminal
penalties of $5,000 to $50,000 per day of violation, or imprisonment for not more than 3 years, or both. In
the case of a second or subsequent conviction for a knowing violation, a person shall be subject to criminal
penalties of not more than $100,000 per day of violation, or imprisonment of not more than 6 years, or both.
[33 USC 1319 (c) (2) and 40 CFR 122.41 (a) (2)]
e. Any person who knowingly violates section 301, 302, 303, 306, 307, 308, 318 or 405 of the Act, or any permit
condition or limitation implementing any of such sections in a permit issued under section 402 of the Act,
and who knows at that time that he thereby places another person in imminent danger of death or serious
bodily injury, shall, upon conviction, be subject to a fine of not more than $250,000 or imprisonment of not
more than 15 years, or both. In the case of a second or subsequent conviction for a knowing endangerment
violation, a person shall be subject to a fine of not more than $500,000 or by imprisonment of not more than
30 years, or both. An organization, as defined in section 309(c)(3)(B)(iii) of the CWA, shall, upon conviction
of violating the imminent danger provision, be subject to a fine of not more than $1,000,000 and can be fined
up to $2,000,000 for second or subsequent convictions. [40 CFR 122.41 (a) (2)]
f. Under state law, a civil penalty of not more than $25,000 per violation may be assessed against any person
who violates or fails to act in accordance with the terms, conditions, or requirements of a permit. [North
Carolina General Statutes § 143-215.6A]
g. Any person may be assessed an administrative penalty by the Administrator for violating section 301, 302,
306, 307, 308, 318 or 405 of this Act, or any permit condition or limitation implementing any of such
sections in a permit issued under section 402 of this Act. Administrative penalties for Class I violations are
not to exceed $16,000 per violation, with the maximum amount of any Class 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 II 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
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of the Federal Act, 33 USC 1319. Furthermore, the Permittee is responsible for consequential damages, such as
fish kills, even though the responsibility for effective compliance may be temporarily suspended.
4. Oil and Hazardous Substance Liability
Nothing in this permit shall be construed to preclude the institution of any legal action or relieve the Permittee
from any responsibilities, liabilities, or penalties to which the Permittee is or may be subject to under NCGS 143-
215.75 et seq. or Section 311 of the Federal Act, 33 USG 1321. Furthermore, the Permittee is responsible for
consequential damages, such as fish kills, even though the responsibility for effective compliance may be
temporarily suspended.
5. Property Rights
The issuance of this permit does not convey any property rights in either real or personal property, or any
exclusive privileges, nor does it authorize any injury to private property or any invasion of personal rights, nor
any infringement of Federal, State or local laws or regulations [40 CFR 122.41 (].
6. Onshore or Offshore Construction
This permit does not authorize or approve the construction of any onshore or offshore physical structures or
facilities or the undertaking of any work in any navigable waters.
7. Severabili1y
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 15013-23].
8. Duty to Provide Information
The Permittee shall furnish to the Permit Issuing Authority, within a reasonable time, any information which the
Permit Issuing Authority may request to determine whether cause exists for modifying, revoking and reissuing, or
terminating this permit or to determine compliance with this permit. The Permittee shall also furnish to the
Permit Issuing Authority upon request, copies of records required by this permit [40 CFR 122.41 (h)].
9. Duty to Reapply
If the Permittee wishes to continue an activity regulated by this permit after the expiration date of this permit, the
Permittee must apply for and obtain a new permit [40 CFR 122.41 (b)].
10. Expiration of Permit
The Permittee is not authorized to discharge after the expiration date. In order to receive automatic
authorization to discharge beyond the expiration date, the Permittee shall submit such information, forms, and
fees as are required by the agency authorized to issue permits no later than 180 days prior to the expiration date.
Any Permittee that has not requested renewal at least 180 days prior to expiration, or any Permittee that does not
have a permit after the expiration and has not requested renewal at least 180 days prior to expiration, will subject
the Permittee to enforcement procedures as provided in NCGS 143-215.6 and 33 USC 1251 et. seq.
11. Signatory Requirements
All applications, reports, or information submitted to the Permit Issuing Authority shall be signed and certified
[40 CFR 122.41 (k)].
a. All permit applications shall be signed as follows:
(1) For a corporation: by a responsible corporate officer. For the purpose of this Section, a responsible
corporate officer means: (a) a president, secretary, treasurer or vice president of the corporation in
charge of a principal business function, or any other person who performs similar policy or decision
making functions for the corporation, or (b) the manager of one or more manufacturing, production, or
operating facilities, provided, the manager is authorized to make management decisions which govern the
operation of the regulated facility including having the explicit or implicit duty of making major capital
investment recommendations, and initiating and directing other comprehensive measures to assure long
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term environmental compliance with environmental laws and regulations; the manager can ensure that
the necessary systems are established or actions taken to gather complete and accurate information for
permit application requirements; and where authority to sign documents has been assigned or delegated
to the manager in accordance with corporate procedures .
(2) For a partnership or sole proprietorship: by a general partner or the proprietor, respectively; or
(3) For a municipality, State, Federal, or other public agency: by either a principal executive officer or
ranking elected official [40 CFR 122.22].
b. All reports required by the permit and other information requested by the Permit Issuing Authority shall be
signed by a person described in paragraph a. above or by a duly authorized representative of that person. A
person is a duly authorized representative only if-
1 . The authorization is made in writing by a person described above;
2. The authorization specified either an individual or a position having responsibility for the overall
operation of the regulated facility or activity, such as the position of plant manager, operator of a well or
well field, superintendent, a position of equivalent responsibility, or an individual or position having
overall responsibility for environmental matters for the company. (A duly authorized representative may
thus be either a named individual or any individual occupying a named position.); and
3. The written authorization is submitted to the Permit Issuing Authority [40 CFR 122.22]
c. Changes to authorization: If an authorization under paragraph (b) of this section is no longer accurate
because a different individual or position has responsibility for the overall operation of the facility, a new
authorization satisfying the requirements of paragraph (b) of this section must be submitted to the Director
prior to or together with any reports, information, or applications to be signed by an authorized
representative [40 CFR 122.22]
d. Certification. Any person signing a document under paragraphs a. or b. of this section shall make the
following certification [40 CFR 122.22]. NO OTHER STATEMENTS OF CERTIFICATION WILL BE
ACCEPTED:
"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. 1 am aware that there are significant penalties for submitting false information,
including the possibility of fines and imprisonment for knowing violations."
12. Permit Actions
This permit may be modified, revoked and reissued, or terminated for cause. The filing of a request by the
Permittee for a permit modification, revocation and reissuance, or termination, or a notification of planned
changes or anticipated noncompliance does not stay any permit condition [40 CFR 122.41 (0].
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.
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Section C. Operation and Maintenance of Pollution Controls
1. 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 system by the Certification Commission. The
Permittee must also employ one or more certified Back-up ORCs who possess a currently valid certificate of the
type of the system. Back-up ORCs must possess a grade equal to (or no more than one grade less than) the grade
of the system [15A NCAC 8G.0201].
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
➢ Comply with 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 a new 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 back-up ORC
➢ A vacancy in the position of ORC or back-up ORC.
2. Proper and Maintenance
The Permittee shall at all times provide the operation and maintenance resources necessary 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
(CA-
4. Bypassing of Treatment Facilities
a. Bypass not exceeding limitations [40 CFR 122.41 (m) (2)]
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The Permittee may allow any bypass to occur which does not cause effluent limitations to be exceeded, but
only if it also is for essential maintenance to assure efficient operation. These bypasses are not subject to the
provisions of Paragraphs b. and c. of this section.
b. Notice [40 CFR 122.41 (m) (3)]
(1) Anticipated bypass. If the Permittee knows in advance of the need for a bypass, it shall submit prior
notice, if possible at least ten days before the date of the bypass; including an evaluation of the
anticipated quality and effect of the bypass.
(2) Unanticipated bypass. The Permittee shall submit notice of an unanticipated bypass as required in Part
II. E. 6. (24-hour notice).
c. Prohibition of Bypass
(1) Bypass from the treatment facility is prohibited and the Permit Issuing Authority may take enforcement
action against a Permittee for bypass, unless:
(A) Bypass was unavoidable to prevent loss of life, personal injury or severe property damage;
(B) There were no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities,
retention of untreated wastes or maintenance during normal periods of equipment downtime. This
condition is not satisfied if adequate backup equipment should have been installed in the exercise of
reasonable engineering judgment to prevent a bypass which occurred during normal periods of
equipment downtime or preventive maintenance; and
(C) The Permittee submitted notices as required under Paragraph b. of this section.
(2) Bypass from the collection system is prohibited and the Permit Issuing Authority may take enforcement
action against a Permittee for a bypass as provided in any current or future system -wide collection system
permit associated with the treatment facility.
(3) The Permit Issuing Authority may approve an anticipated bypass, after considering its adverse effects, if
the Permit Issuing Authority determines that it will meet the three conditions listed above in Paragraph c.
(1) of this section.
Upsets
a. Effect of an upset [40 CFR 122.41 (n) (2)]: 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)]: The Permittee seeking to establish the occurrence of an upset
has the burden of proof in any enforcement proceeding.
6. Removed Substances
Solids, sludges, filter backwash, or other pollutants removed in the course of treatment or control of wastewaters
shall be utilized/disposed of in accordance with NCGS 143-215.1 and in a manner such as to prevent any pollutant
from such materials from entering waters of the State or navigable waters of the United States. 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
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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.
Section D. Monitoring and Records
1. Representative Sampling
Samples collected and measurements taken, as required herein, shall be characteristic of the volume and nature of
the permitted discharge. Samples collected at a frequency less than daily shall be 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: Central Files
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
3. Flow Measurements
Appropriate flow measurement devices and methods consistent with accepted scientific practices shall be selected
and used to ensure the accuracy and reliability of measurements of the volume of monitored discharges. The
devices shall be installed, calibrated and maintained to ensure that the accuracy of the measurements is consistent
with the accepted capability of that type of device. Devices selected shall be capable of measuring flows with a
maximum deviation of less than 10% from the true discharge rates throughout the range of expected discharge
volumes. Flow measurement devices shall be accurately calibrated at a minimum of once per year and maintained
to ensure that the accuracy of the measurements is consistent with the accepted capability of that type of device.
The Director shall approve the flow measurement device and monitoring location prior to installation.
Once -through condenser cooling water flow monitored by pump logs, or pump hour meters as specified in Part I
of this permit and based on the manufacturer's pump curves shall not be subject to this requirement.
4. Test Procedures
Laboratories used for sample analysis must be certified by the Division. Permittees should contact the Division's
Laboratory Certification Section (919 733-3908 or http://h2o.enr.st.tte.nc.us/lab/cert.htm) for information
regarding laboratory certifications.
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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 122.41].
To meet the intent of the monitoring required by this permit, all test procedures must produce minimum
detection and reporting levels that are below the permit discharge requirements and all data generated must be
reported down to the minimum detection or lower reporting level of the procedure. If no approved methods are
determined capable of achieving minimum detection and reporting levels below permit discharge requirements,
then the most sensitive (method with the lowest possible detection and reporting level) approved method must
be used.
Penalties for Tampering
The CWA provides that any person who falsifies, tampers with, or knowingly renders inaccurate, any monitoring
device or method required to be maintained under this permit shall, upon conviction, be punished by a fine of
not more than $10,000 per violation, or by imprisonment for not more than two years per violation, or by both.
If a conviction of a person is for a violation committed after a first conviction of such person under this
paragraph, punishment is a fine of not more than $20,000 per day of violation, or by imprisonment of not more
than 4 years, or both [40 CFR 122.41].
6. Records Retention
Except for records of monitoring information required by this permit related to the Permittee's sewage sludge
use and disposal activities, which shall be retained for a period of at least five years (or longer as required by 40
CFR 503), the Permittee shall retain records of all monitoring information, including:
➢ all calibration and maintenance records
➢ all original strip chart recordings for continuous monitoring instrumentation
➢ copies of all reports required by this permit
➢ copies of all data used to complete the application for this permit
These records or copies shall be maintained for a period of at least 3 years from the date of the sample,
measurement, report or application. This period may be extended by request of the Director at any time [40 CFR
122.41].
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 122.41]:
a. The date, exact place, and time of sampling or measurements;
b. The individual(s) who performed the sampling or measurements;
c. The date(s) analyses were performed;
d. The individual(s) who performed the analyses;
e. The analytical techniques or methods used; and
f. The results of such analyses.
8. Inspection and Entry
The Permittee shall allow the Director, or an authorized representative (including an authorized contractor acting
as a representative of the Director), upon the presentation of credentials and other documents as may be required
by law, to;
a. Enter upon the Permittee's premises where a regulated facility or activity is located or conducted, or where
records must be kept under the conditions of this permit;
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b. Have access to and copy, at reasonable times, any records that must be kept under the conditions of this
permit;
c. Inspect at reasonable times any facilities, equipment (including monitoring and control equipment), practices,
or operations regulated or required under this permit; and
d. Sample or monitor at reasonable times, for the purposes of assuring permit compliance or as otherwise
authorized by the CWA, any substances or parameters at any location [40 CFR 122.41 (i)].
Section E Reporting Requirements
1. Change in Discharge
All discharges authorized herein shall be consistent with the terms and conditions of this permit. The discharge
of any pollutant identified in this permit more frequently than or at a level in excess of that authorized shall
constitute a violation of the permit.
2. Planned Changes
The Permittee shall give notice to the Director as soon as possible of any planned physical alterations or
additions to the permitted facility [40 CFR 122.410)]. 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, not 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 (1) (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 (I)MR) (See Part II. D. 2) or forms
provided by the Director for reporting results of monitoring of sludge use or disposal practices.
b. If the Permittee monitors any pollutant more frequently than required by this permit, the results of such
monitoring shall be included in the calculation and reporting of the data submitted on the DMR.
6. Twenty-four Hour Reporting
a. The Permittee shall report to the Director or the appropriate Regional Office any noncompliance that
potentially threatens public health or the environment. Any information shall be provided orally within 24
hours from the time the Permittee became aware of the circumstances. A written submission shall also be
provided within 5 days of the time the Permittee becomes aware of the circumstances. The written
submission shall contain a description of the noncompliance, and its cause; the period of noncompliance,
including exact dates and times, and if the noncompliance has not been corrected, the anticipated time it is
expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the
noncompliance [40 CFR 122.41 (1) (6)].
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b. The Director may waive the written report on a case -by -case basis for reports under this section if the oral
report has been received within 24 hours.
c. Occurrences outside normal business hours may also be reported to the Division's Emergency Response
personnel at [phone], [phone] or [phone].
Other Noncompliance
The Permittee shall report all instances of noncompliance not reported under Part II. E. 5 and 6. of this permit at
the time monitoring reports are submitted. The reports shall contain the information listed in Part II. E. 6. of
this permit [40 CFR 122.41 (1) (7)].
8. Other Information
Where the Permittee becomes aware that it failed to submit any relevant facts in a permit application, or
submitted incorrect information in a permit application or in any report to the Director, it shall promptly submit
such facts or information [40 CFR 122.41 (1) (8)].
9. Noncompliance Notification
The Permittee shall report by telephone to either the central office or the appropriate regional office of the
Division as soon as possible, but in no case more than 24 hours or on the next working day following the
occurrence or first knowledge of the occurrence of any of the following:
a. Any occurrence at the water pollution control facility which results in the discharge of significant amounts of
wastes which are abnormal in quantity or characteristic, such as the dumping of the contents of a sludge
digester; the known passage of a slug of hazardous substance through the facility; or any other unusual
circumstances.
b. Any process unit failure, due to known or unknown reasons, that render the facility incapable of adequate
wastewater treatment such as mechanical or electrical failures of pumps, aerators, compressors, etc.
c. Any failure of a pumping station, sewer line, or treatment facility resulting in a by-pass without treatment of
all or any portion of the influent to such station or facility.
Persons reporting such occurrences by telephone shall -also file a written report within 5 days following first
knowledge of the occurrence.
10. Availability of Reports
Except for data determined to be confidential under NCGS 143-215.3 (a)(2) or Section 308 of the Federal Act, 33
USC 1318, all reports prepared in accordance with the terms shall be available for public inspection at the offices
of the Division. As required by the Act, effluent data shall not be considered confidential. Knowingly making
any false statement on any such report may result in the imposition of criminal penalties as provided for in
NCGS 143-215.1(b)(2) or in Section 309 of the Federal Act.
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 under this permit, including monitoring
reports or reports of compliance or noncompliance shall, upon conviction, be punished by a fine of not more
than $25,000 per violation, or by imprisonment for not more than two years per violation, or by both [40 CFR
122.41].
12. Annual Performance Reports
Permittees who own or operate facilities that collect or treat municipal or domestic waste shall provide an annual
report to the Permit Issuing Authority and to the users/customers served by the Permittee (NCGS 143-215.1C).
The report shall summarize the performance of the collection or treatment system, as well as the extent to which
the facility was compliant with applicable Federal or State laws, regulations and rules pertaining to water quality.
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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
Section A. Construction
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 (Atq permit. Issuance of an AtC will not occur until Final Plans and Specifications for
the proposed construction have been submitted by the Permittee and approved by the Division.
Section B. Groundwater Monitoring
The Permittee shall, upon written notice from the Director, conduct groundwater monitoring as may be required to
determine the compliance of this NPDES permitted facility with the current groundwater standards.
Section C. Changes in Discharges of Toxic Substances
The Permittee shall notify the Permit Issuing Authority as soon as it knows or has reason to believe (40 CFR 122.42):
a. That any activity has occurred or will occur which would result in the discharge, on a routine or frequent
basis, of any toxic pollutant which is not limited in the permit, if that discharge will exceed the highest of the
following "notification levels";
(1) One hundred micrograms per liter (100 µg/L);
(2) Two hundred micrograms per liter (200 µg/L) for acrolein and acrylonitrile; five hundred micrograms
per liter (500 µg/L) for 2.4-dinitrophenol and for 2-methyl-4.6-dinitrophenol; and one milligram per liter
(1 mg/L) for antimony;
(3) Five times the maximum concentration value reported for that pollutant in the permit application.
b. That any activity has occurred or will occur which would result in any discharge, on a non -routine or
infrequent basis, of a toxic pollutant which is not limited in the permit, if that discharge will exceed the
highest of the following "notification levels";
(1) Five hundred micrograms per liter (500 µg/L);
(2) One milligram per liter (1 mg/L) for antimony;
(3) Ten times the maximum concentration value reported for that pollutant in the permit application.
Section D. Evaluation of Wastewater Discharge Alternatives
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 NPDES 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 Requirements
The Permittee must notify the Division at least 90 days prior to the closure of any wastewater treatment system
covered by this permit. The Division may require specific measures during deactivation of the system to prevent
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adverse impacts to waters of the State. This permit cannot be rescinded while any activities requiring this permit
continue at the permitted facility.
PART IV
SPECIAL CONDITIONS FOR MUNICIPAL FACILITIES
Section A. Definitions
In addition to the definitions in Part II of this permit, the following definitions apply to municipal facilities:
Indirect Discharge or Industrial User
Any non -domestic source that discharges wastewater containing pollutants into a POTW regulated under section
307(b), (c) or (d) of the CWA. [40 CFR 403.3 (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 NPDES 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 which exits the POTW into waters of the State in quantities or concentrations which, alone or with
discharges from other sources, causes a violation, including an increase in the magnitude or duration of a violation, of
the POTWs NPDES permit, or of an instream water quality standard. [15A NCAC 2H.0903 (b) (23)]
Publicly Owned Treatment Works
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)]:
(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 B. Publicly Owned Treatment Works (POTWs)
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 403.2]
All POTWs must provide adequate notice to the Director of the following [40 CFR 122.42 (b)]:
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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 Pollutants from 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.
2. 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
40°C (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 trucked 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 orally within 24 hours from the time the Permittee became
aware of the circumstances. A written submission shall also be provided within 5 days of the time the
Permittee becomes aware of the circumstances. The written submission shall contain a description of
the discharge, the investigation into possible sources; the period of the discharge, including exact dates
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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 may be 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 limits 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
under section D below as well as 15A NCAC 2H.0907 (a) and (b). [40 CFR 122.44 0) (2)]
5. This permit shall be modified, or alternatively, revoked and reissued, to incorporate or modify an approved
POTW Pretreatment Program or to include a compliance schedule for the development of a POTW
Pretreatment Program as required under Section 402 (b) (8) of the CWA and implementing regulations or by
the requirements of the approved State pretreatment program, as appropriate.
Section D. Pretreatment Programs
Under authority of sections 307 (b) and (c) and 402 (b) (8) of the CWA and implementing regulations 40 CFR 403,
North Carolina General Statute 143-215.3 (14) and implementing regulations 15A NCAC 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 0) (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.
1. Sewer Use Ordinance (SILO)
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 UWS)
The permittee shall implement an IWS consisting of the survey of users of the POTW, as required by 40 CFR
403.8 (fl (2) (i-iii) and 15A NCAC 2H.0905 [also 40 CFR 122.44 0) (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.
3. Monitoring Plan
The Permittee shall implement a Division -approved Monitoring Plan for the collection of facility specific data
to be used in a wastewater treatment plant Headworks Analysis (HWA) for the development of specific
pretreatment local limits. Effluent data from the Plan shall be reported on the DMRs (as required by Part II,
Section D, and Section E.5.). [15A NCAC 2H.0906 (b) (2) and .0905]
4. Headworks Analysis (HWA) and Local Limits
The Permittee shall obtain Division approval of a HWA at least once every five years, and as required by the
Division. Within 180 days of the effective date of this permit (or any subsequent permit modification) the
Version 712009

)ES Permit Standard Conditions
Page 17 of 18
Permittee shall submit to the Division a written technical evaluation of the need to revise local limits (i.e., an
updated HWA or documentation of why one is not needed) [40 CFR 122.44]. The Permittee shall develop, in
accordance with 40 CFR 403.5 (c) and 15A NCAC 2H.0909, specific Local Limits to implement the
prohibitions listed in 40 CFR 403.5 (a) and (b) and 15A NCAC 2H.0909.
5. Industrial User Pretreatment Permits (IUP) & Allocation Tables
In accordance with NCGS 143-215.1, the Permittee shall issue to all significant industrial users, permits for
operation of pretreatment equipment and discharge to the 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 (AtQ
The Permittee shall ensure that an Authorization to Construct permit (AtC) 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)]
POTW Inspection & Monitoring of their IUs
The Permittee shall conduct inspection, surveillance, and monitoring activities as described in its Division
approved pretreatment program in order to determine, independent of information supplied by industrial users,
compliance with applicable pretreatment standards. [15A NCAC 2H .0908(d); 40 CFR 403.8(f)(2)(v)]_ The
Permittee must:
a. Inspect all Significant Industrial Users (SIUs) at least once per calendar year; and
b. Sample all Significant Industrial Users (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 at least 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. IU Self Monitoring and Reporting
The Permittee shall require all industrial users to comply with the applicable monitoring and reporting
requirements outlined in the Division -approved pretreatment program, the industry's pretreatment pen -nit, or
in 15A NCAC 211.0908. [15A NCAC 2H .0906(b)(4) and .0905; 40 CFR 403.8(f)(1)(v) and (2)(iii); 40 CFR
122.440) (2)]
9. Enforcement Response Plan (ERP)
The Permittee shall enforce and obtain appropriate remedies for violations of all pretreatment standards
promulgated pursuant to section 307(b) and (c) of the Clean Water Act (40 CFR 405 et. seq.), prohibitive
discharge standards as set forth in 40 CFR 403.5 and 15A NCAC 2H .0909, and specific local limitations. All
enforcement actions shall be consistent with the Enforcement Response Plan (ERP) approved by the Division.
[15A NCAC 2H .0906(b)(7) and .0905; 40 CFR 4038(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 712009

'DES 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 (PERCS)
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
following:
a.) Narrative
A brief discussion of reasons for, status of, and actions taken for all Industrial Users (IUs) in Significant
Non -Compliance (SNC);
b.) Pretreatment Program SummaU (PPS)
A pretreatment program summary (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;
Industrial Data Summary Forms ( 54
;Monitoring `data from samples collected by both the POTW and the Significant Industrial User (SIU)
and any monitoring data for other Industrial Users (IUs) in SNC. 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 IUs 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 list of Industrial Users (IUs) that were in Significant Non -Compliance
(SNC) as defined in the Permittee's Division -approved Sewer Use Ordinance with applicable pretreatment
requirements and standards during the previous twelve month period. This list shall be published within four
months of the applicable twelve-month period. [15A NCAC 2H .0903(b)(35)..0908(b)(5) and .0905 and 40
CFR 403.8(0(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 214.0908(f); 40 CFR 403.12(o)]
13. Funding 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 Programs
Modifications to the approved pretreatment program including but not limited to local limits modifications,
POTW monitoring of their Significant Industrial Users (SIUs), and Monitoring Plan modifications, shall be
considered a permit modification and shall be governed by 15 NCAC 2H .0114 and 15A NCAC 2H .0907.
Version 712009

Frazier, Wanda
From: Frazier, Wanda
Sent: Wednesday, October 13-, 2010 1:57 PM
To: 'Bob Guerra'
Cc: Edwards, Roger
Subject: Draft Permit 2010 NCO029882 Briarwood Subdivision
Attachments: pdf 9-15-10. pdf; NCO029882 12-30-09. pdf; NCO029882
12-19-08.pdf; NCO029882 4-29-08.pdf; NCO029882
2-20-07.pdf; 29882 a cover page 2010.doc
:..
I met with the contract operator and did an inspection at this facility on 12-30-2009.
Everything looked good.
Attached are the last 4 inspection reports and most recent facility info cover page (2010).
Here's what I would change for the Briarwood Subdivision draft permit:
Supplement to permit cover page: (see attachment)
Continue to operate: 0.0075 MGD extended aeration package plant consisting
of: manual bar screen; aeration basin with dual blowers providing diffused air;
rectangular clarifier with skimmer and sludge returns; aerobic
digestor; tablet chlorinator; chlorine contact chamber; and tablet
dechlorinator.
WWTP location: Dix Creek Road Number One (NCSR 1309), Leicester;
southeast of Georgetown
(Note: The owner lives at 41 Dix Creek Road Number One; Leicester,
NC 28748. The WWTP does not have an address other than that above.)
I feel that everything else in the attached documents is accurate.
ARO recommends renewal of this permit.
Let me know if you have questions or comments.
Thanks,
1

Wanda
Wanda Frazier
Email: [e-mail]
North Carolina Department of
Environment and Natural Resources
Asheville Regional Office
Division of Water Quality
Surface Water Protection Section
2090 US 70 Highway
Swannanoa, NC 28778
Switchboard: 828-296-4500 x 4662
Direct line: 828-296-4662
Fax: [phone]
Notice: E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and
therefore may be disclosed to third parties.
From: Edwards, Roger
Sent: Thursday, September 16, 2010 7:39 AM
To: Frazier, Wanda
Cc: Haynes, Keith
Subject: FW: Draft permits
FYI.....draft NPDES permits...... please review and let Bob know if you see errors.
Thanks,
Roger Edwards - [e-mail]
North Carolina Dept. of Environment and Natural Resources
Asheville Regional Office
Division of Water Quality - Surface Water Protection
2090 U.S. 70 Highway
Swannanoa, NC 28778
Tel: [phone]
Fax: [phone]
Notice: E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and
therefore may be disclosed to third parties.
From: Guerra, Bob
Sent: Wednesday, September 15, 2010 2:11 PM
To: Edwards, Roger; Pugh, James L.
Subject: Draft permits
The attached permits were put out on public notice today. Questions/comments welcomed as always.
2

is
FRif
FWA
C8VERR
I
North Carolina Department of Environment and Natural Resource 11
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins
Governor Director
Bertha S. Bumette
Briarwood Subdivision
41 Dix Creek One Road
Leicester, North Carolina 28748
Dear Ms. Burette:
i+
September 15, 2010
Subject: Draft NPDES Permit
Permit No. NCO029882
Briarwood Subdivision 1
Buncombe County
Dee Freeman
Secretary
Enclosed with this letter is.a copy.of the draft permit for your facility. Please review the draft very carefully to
a thorough
understanding of the conditions and requirements it contains. The following procedure has been recently imple nted by DWQ: Total
residual chlorine (TRC) compliancelevel chanced to 50u4/L. Effective March 1, 2008, the Division received E approval to allow 50
ug/L TRC compliance level. A_footnote regarding this change has been added to the effluent limitations page i t ie draft permit.
This draft permit contains the following changes from your existing permit:
• Footnote #1 has been modified to Include the following additional Total Residual Chlorine Lar
report all effluent TRC values -reported by a NC certified laboratory including.field certified. However,
ug/I will be treated as zero for compliance purposes'
• Footnote # 2 has been deleted.
• One "Effluent Characteristic" for Total residual chlorine has been deleted
Concurrent with this transmittal, the Division will solicit public comment on this draft as required by the EPA by
newspapers having circulation in the general Buncombe County area. Following the 30-day public comment pi
review all pertinent comments and take appropriate action prior to issuing a final NPDES permit.
Should you wish to correct errors or provide comments regarding this draft please contact the DENR / DWQ / I
later than 30 days after receiving this document If you have questions concerning the draft permit for your
.me by e-mail (bob.gueraRncdenr.gov) or at [phone].
.'
Bob Guerra
Compliance & Expedited Permits Unit
Enclosure: NPDES Permit NCO029882 (DRAFT)
cc: NPDES Unit
Asheville Regional Office / Surface Water Protection (Roaer.edwardsOncdenr.00v) (ecopy)
Technical and Assistance Certification Unit— (iames.ouah0ncdenr.aov) (ecopy)
1617 Mail Service Center, Raleigh, North Carolina 27699.1611
Location* 512 N. Salisbury St Raleigh, North Carolina 27604
Phone:919.807-M1FAX:91U07-64%1CustanerSer ice:1-877-623.6748
Internet t0J/portal.ncdenr.orglwebAgAome
An Equal Opportunity l Affirmative Action Employer
'The facility shall
values below 50
shing a notice in
the Division will
Program no
please contact

STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND NATURAL RE
DIVISION OF WATER QUALITY
PERMIT
TO DISCHARGE WASTEWATER UNDER THE
In compliance with the provisions of North Carolina General Statute 143-215.1, other
and regulations promulgated and adopted. by the North Carolina Environmental A
Commission, and the Federal Water Pollution Control Act, as amende
to receiving waters designated as Dix Creek in the French Broad River Basin
in accordance with effluent limitations, monitoring requirements, and other
forth in Parts I, II, III and IV hereof.
This permit shall become effective xxxx, xx 2010.
This permit and authorization to discharge shall expire at midnight on October
Signed this day xxxx, xx 2010.
DRAFT '
Coleen H. Sullins, Director
Division of Water Quality
By Authority of the Environmental Management Commission
NC0029882
'h.
i
I
i ul standards •
I
conditions set
i
i
i
31, 2015.

SUPPLEMENT TO PERMIT COVER SHEET
All previous NPDES Permits issued to this facility, whether for operation or
hereby superseded and, as of this issuance, any previously issued.permit
treatment facility or bearing this number is no longer effective: Therefore,
authority to operate and discharge from this facility arises under the perry
requirements, terms, and provisions described herein.
Bertha S. Burnette is hereby authorized to:
1. Continue to operate an existing 0.0075 MGD wastewater treatment
the following treatment components:
♦ Extended aeration basin
♦ Clarifier
♦ Tablet chlorinator
♦ Dechlorination
♦ Chlorine contact chamber
2. This facility is located on Dix Creek Road (NCSR 1309) southeast of
the Briarwood Subdivision WWTP in Buncombe. County.
3. Discharge from said treatment works at the location specified on
into Dix Creek, classified C waters in the French Broad River Basin.
:narge, are
;ribing this
exclusive
consisting of
vn at
map

\` t
, 0�4,
jr
f3�tI
/V -
� In �� r ''' � r � < 4 *`:J,l., � /��rlilri• _�{ ..; -• fi
�.�{ti o ��.,� of .r... _� •
h - Ste• f f rf Outfall
S.
�hr� 3�:.•-fi e F1. � - �n i
Burnette
1 I Facility
Location
State Gzjd- EuU not to w.

Pe ' it NC0029882
A. (1.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS
During the period beginning on the effective date of this permit and lasting until expiration
authorized to discharge from outfall 001. Such 'discharges shall be limited and monitored by
specified below:
50050 - Flow 0.0075 MGD' Weekly -Instantaneous lnfi
a Permittee
a Permittee a
nt or Effluent
00310 - BOD, 5-day, 200 C
30.0 mg/L
45.0 mg/L
Weekly
Grab
ffluent
i
00530 - Total Suspended
Solids'
30.0 mg/L
45.0 mg/L
Weekly
Grab
ffluent
I '
00610 - NH3 as N
2/Month
Grab
lEffident
M16 - Fecal Coliform
(geometric mean)
200/100 mi.
400/100ml
Weekly
.
Grab
r=ffluent
I
50060 - Total Residual
Chlorine'
28 pg/L
2/Week
Grab
ffluent
00010 -Temperature (°C)
Weekly
Grab
(fluent
i
00400 — pH
6.0 — 9.0 Standard Units
Weekly
Grab
(fluent
5
5
Footnotes:
1. 'The Division shall consider all effluent TRC values reported below 50 agll�to be in com3liance with the
permit. However, the Permittee shall continue to record and submit all values repofted by a North
Carolina certified laboratory (including field certified), even if these values fall below 50 .
There. shall be no discharge of floating solids or visible foam in other than trac� amounts.

NCDENR
North Carolina Department of Environment and Natural Resources
Beverly Eaves Perdue
Governor
BERTHA S BURNETTE
OWNER
BRIARWOOD SUBDIVISION
41 DIY CREEK ONE ROAD
LEICESTER NC 28748
Dear Ms. Burnette:
Division of Water Quality
Coleen H. Sullins
Director
March 30, 2010
Dee Freeman
Secretary
Subject: Receipt of permit renewal application
NPDES Permit NCO029882
Briarwood WWTP
Buncombe County
The NPDES Unit received your permit renewal application on March 25, 2010. 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 Jeff Poupart at
[phone].
Sincerely, . .
{
LE
11I �
Dina Sprinkle 1
Point Source Branch
cc: CENTRAL FILES
A's viile'Regional- :ffice/Surface Water Protection
NPDES Unit
MAR 3 1 2010 I -
i `;VATDP QUAUT`( 5—"CTION "i
ASFifH\1ILLE R,'_310'"IAL_ CFFICE
Juanita James, James and James Environmental Mgt., Inc., 3801 Asheville Hwy,
Hendersonville, NC 28791
1617 Mail Service Center, Raleigh, North Carolina 27699-1617
Location: 512 N. Salisbury St. Raleigh, North Carolina 27604
Phone: [phone] \ FAX: [phone] \ Customer Service: 1-877-623-6748
Internet: www.ncwaterquality.org
An Equal Opportunity ;.Affirmative Action Employer
NorthCarolina
Naturally

James & James Environmental Management, Inc.
3801 Asheville Hwy., Hendersonville, N. C. 28791
OFFICE: [phone] FAX: [phone]
March 18, 2010
N. C. Department of Environment and Natural Resources
Division of Water Quality/NPDES Unit
1617 Mail Service Center
Raleigh, N. C. 27699-1617
Regarding All Waste Water Facilities Operated by James & James
To Whom It May Concern:
This letter is to request the renewal for the waste water treatment facility of Briarwood Subdivision,
NPDES number NC0029882.
Sincerely
'GCS/
ita James
James and James Environmental Mgt., Inc.

NPDES API __ZATION FOR PERMIT RENEW.-iL - FORM D
For privately owned treatment systems treating 100% domestic wastewaters <0.1 MGD
Mail the complete application to:
N. C. Department of Environment and Natural Resources
Division of Water Quality / NPDES Unit
1617 Mail Service Center, Raleigh, NC 27699-1617
NPDES Permit INCO029882
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 BERTHA S. BURNETTE
Facility Name BRIARWOOD SUBDIVISION
Mailing Address 41 DIX CREEK ONE ROAD
City LEICESTER
State / Zip Code
Telephone Number
Fax Number
e-mail Address
TIMPTT-T rAPnT.TNA ')5Z7,1Q
2. Location of facility producing discharge:
Check here if same address as above
Street Address or State Road
City
State / Zip Code
County
BUNCOMBE
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 JAMES & JAMES ENVIRONMENTAL MGT, INC
Mailing Address P.O. BOX 519
City MOUNTAIN HOME
State / Zip Code NC 28758
Telephone Number [phone]
Fax Number [phone]
1 of 4 Form-D 1/06

NPDES AP- —RATION FOR PERMIT RENEW &L - FORM D
For privately owned treatment systems treating 100% domestic wastewaters <0.1 MGD
4. Description of wastewater:
Facility Generating Wastewater(check all that apply):
Industrial ❑ Number of Employees
Commercial ❑ Number of Employees
Residential ® Number of Homes 12
School ❑ Number of Students/Staff
Other ❑ Explain:
Describe the source(s) of wastewater (example: subdivision, mobile home park, shopping centers,
restaurants, etc.):
SUBDIVISION - DOMESTIC WASTE
Population served: 3
S. Type of collection system
® Separate (sanitary sewer only) ❑ Combined (storm sewer and sanitary sewer)
6. Outfall Information:
Number of separate discharge points 1
Outfall Identification number(s) 001
Is the outfall equipped with a diffuser? ❑ Yes XNo
7. Name of receiving stream(s) (Provide a map showing the exact location of each outfall):
DIX CREEK IN THE FRENCH BROAD RIVER BASIN
8. Frequency of Discharge: ® Continuous ❑ Intermittent
If intermittent:
Days per week discharge occurs: Duration:
9. Describe the treatment system
List all installed components, including capacity, 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.
A 0.0075 MGD WASTEWATER TREATMENT FACILITY WITH EXTENDED AERATION
BASIN, CLARIFIER, TABLE CHLORINATOR WITH CHLORINE CONTACT CHAMBER]
T an4 -T4h/e`l-
2 of 4 Form-D 1/06

NPDES API __'4ATION FOR PERMIT RENEa,n,, - FORM D
For privately owned treatment systems treating 100% domestic wastewaters <0.1 MGD
10. Flow Information:
Treatment Plant Design flow 0.0075 MGD
Annual Average daily flow 0.0021 MGD (for the previous 3 years)
Maximum daily flow 0.004 MGD (for the previous 3 years)
11. Is this facility located on Indian country?
❑ 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. Effluent testing data must be based on at least three samples
and must be no more than four and one half years old.
Parameter
Daily
Maximum
Monthly
Average
Units of
Measurement
Number of
Samples
Biochemical Oxygen Demand
(BODS)
>19.4
12.1
MG/L
5
Fecal Coliform
5.0
1.6
# 100ML
5
Total Suspended Solids
10.7
7.0
MG/L
5
Temperature (Summer)
24.1
23.0
C
5
Temperature (Winter)
15.3
11.5
C
7
pH
7.4
7.3
SU
5
13. List all permits, construction approvals and/or applications:
Type Permit Number Type
Hazardous Waste (RCRA) NESHAPS (CAA)
UIC (SDWA) Ocean Dumping (MPRSA)
NPDES NCO029882 Dredge or fill (Section 404 or CWA)
PSD (CAA) Special Order of Consent (SOC)
Non -attainment program (CAA) Other
14. APPLICANT CERTIFICATION
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.
Ise- Q.4#14 S . Slt ©W l'
Printed name of Person Signing Title
1
ture of Applicant Date
North Carolina General Statute 143-215.6 (b)(2) states: Any person who knowingly makes any false statement
representation, or certification in any application, record, report, plan, or other document files or required to be
maintained under Article 21 or regulations of the Environmental Management Commission implementing that
Article, or who falsifies, tampers with, or knowly renders inaccurate any recording or monitoring device or method
required to be operated or maintained under Article 21 or regulations of the Environmental Management
Commission implementing that 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
3 of 4 Form-D 1/06

James & James Environmental Management, Inc.
3801 Asheville Hwy., Hendersonville, N. C. 28791
OFFICE: [phone] FAX: [phone]
March 18, 2010
N. C. Department of Environment and Natural Resources
Division of Water Quality/NPDES Unit
1617 Mail Service Center
Raleigh, N. C. 27699-1617
Regarding All Waste Water Facilities Operated by James & James
To Whom It May Concern:
Sludge from this facility (Briarwood Subdivision) is pumped by Mike's Septic Tank Service and is
permitted to be dumped at Brevard Waste Treatment System and MSD.
Sincerely
Y�'UI,Q
Ju ita James
James and James Environmental Mgt., Inc.

O�OF WgTF9QG
o �
V
'Jill
SEP
2 3 2005
J
i
QUALITY
SECTION
r_.. ASHEV!LLE
�.ECaION_,!_ OFFICE
Bertha S. Burnette
Briarwood Subdivision
41 Dix Creek One Road
Leicester, North Carolina 28748
Dear Ms. Burnette:
September 19, 2005
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
Subject: Issuance of NPDES Permit NCO029882
Briarwood Subdivision WWTP
Buncombe County
The Division received your application for a wastewater discharge permit on February 18, 2005. Division
personnel have reviewed and approved your application. 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 2004, and as subsequently amended.
A Total Residual Chlorine (TRC) limit has been added to this permit. Because you may need time to make
modifications to your plant in order to comply with this new condition, the TRC limit will not take effect until
May 1, 2007.
If any parts, measurement frequencies or sampling requirements contained in this permit are unacceptable to
you, you have the right to an adjudicatory hearing upon written request within thirty (30) days following
receipt of this letter. This request must be in the form of a written petition, conforming to Chapter 150B of
the North Carolina General Statutes, and filed with the Office of Administrative Hearings, 6714 Mail Service
Center, Raleigh, North Carolina 27699-6714. Unless such demand is made, this decision shall be final and
binding.
Please note that this permit is not transferable except after notice to the Division. The Division may require
modification or revocation and reissuance of the permit.
This permit does not affect the legal requirements to obtain other permits which may be required by the
Division of Water Quality or permits required by the Division of Land Resources, the Coastal Area
Management Act or any other Federal or Local governmental permit that may be required.
If you have any questions concerning this permit, please contact Vanessa Manuel at telephone number (919)
733-5083, extension 532.
Sincerely,
Alan W. Klimek, P.E.
Attachment
cc: Central Files
lDWQ/SWP - ARO
NPDES File
e
NCarolina
Noaturally
North Carolina Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Phone [phone] Customer Service
Internet: h2o.enr.state.nc.us 512 N. Salisbury St. Raleigh, NC 27604 FAX [phone]
An Equal Opportunity/Affirmative Action Employer —50% Recycled110% Post Consumer Paper

Permit NCO029882
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
PERMIT
TO DISCHARGE WASTEWATER UNDER THE
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
In compliance with the provisions of North Carolina General Statute 143-215.1, other lawful
standards and regulations promulgated and adopted by the North Carolina Environmental
Management Commission, and the Federal Water Pollution Control Act, as amended,
Bertha S. Burnette
is hereby authorized to discharge wastewater from a facility located at the
Briarwood Subdivision WWTP
41 Dix Creek Road (NCSR 1309)
southeast of Georgetown
Buncombe County
to receiving waters designated as Dix Creek in the French Broad River Basin
in accordance with effluent limits, monitoring requirements, and other conditions
set forth in Parts I, II, III and IV hereof.
This permit shall become effective November 1, 2005.
This permit and authorization to discharge shall expire at midnight on October 31, 2010.
Signed this day September 19, 2005.
Alan W. KA-/ 4-�6-
limek, P.E., D' ector
Division of Water Quality
By Authority of the Environmental Management Commission

Permit NC0029882
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.
Bertha S. Burnette
is hereby authorized to:
1. Continue to operate an existing 0.0075 MGD wastewater treatment facility with
the following components:
♦ Extended aeration basin
- ♦ Clarifier----- . - - - - - - - - - -- - - -------
Tablet chlorinator with chlorine contact chamber
This facility is located on Dix Creek Road (NCSR 1309) southeast of Georgetown
at the Briarwood Subdivision WWTP in Buncombe County.
2. Discharge from said treatment works at the location specified on the attached
map into Dix Creek, classified C waters in the French Broad River Basin.

Latitude: 35036'19"
Longitude: 82040'33"
Quad # EBSW (Enka, N.C.)
Stream Class: C
Subbasin: 04-03-02
Receiving Stream: Dix Creek
NCO029882
Bertha S. Burnette
Briarwood Subdivision WWTP
Facility x
Location
No NOT TO SCALE

Permit NCO029882
A. (1.) EFFLUENT LIMITS AND MONITORING REQUIREMENTS — FINAL
During the period beginning on November 1, 2005, and lasting until October 31, 2010, the permittee is
authorized to discharge treated wastewater from outfall 001. Such discharges shall be limited and monitored
by the permittee as specified below:
EFFLUENT CNARACTERISTtCS
EFFLUENT LIMITS "
MONITORING'REQUIRENIENTS k
it
..F
r
0.Ieasurement
Parameter,Description;= PCS Code
-,Average
Maximum
Frequency
Sample= ype
ry
a ,.
rF
„�Locapon�
Influent or
Flow, in conduit or thru treatment plant - 50050
0.0075 MGD
Weekly
Instantaneous
Effluent
BOD, 5-Da 20 Deg. C - 00310
30.0 m /L
45.0 m /L
Weekly
Grab
'Effluent
Solids, Total Suspended - 00530
30.0 m /L
45.0 m /L
Weekly
Grab
Effluent
Nitrogen, Ammonia Total (as N) - 00610
2 / month
Grab
'Effluent
Coliform, Fecal MF, M-FC Broth,44.5C - 31616
eom mean
200/100-ml—
400/100-ml—
Weekl --
Grab
—Effluent—
Chlorine, Total Residuall - 50060
2 / week
Grab
Effluent
Chlorine, Total Residuall - 50060
28 µg/L
2 / week
Grab
;`Effluent
Temperature, Water Deg. Centigrade - 00010
Weekly
Grab
:Effluent
pH2 - 00400
Weekly
Grab
'Effluent
Footnotes:
1. Total Residual Chlorine limit takes effect May 1, 2007. Until the limit becomes effective, the permittee shall
monitor Total Residual Chlorine (with no effluent limit).
2. The pH shall not be less than 6.0 standard units nor greater than 9.0 standard units.
There shall be no discharge of floating solids or visible foam in other than trace amounts.

Briarwood S/D
Subject. l�ttcr S
From: Vanessa Manuel <[e-mail]>
Date: Tue, 16 Aug 2005 08:05:51 -0400
To: Wanda Frazier <[e-mail]>
Wanda, in response to your vm yesterday, I have faxed to your attn. a permit
modification letter the Division sent to the facility dated 9/_14/2001_ The uermi
mod. changed the sample types for BOD, TSS, & NH3-N from composite to grab. This
moo i-fcation to—tIfe permit was a resu o the facility's request. Their letter too
I have provided in the fax transmittal. If questions, let me know. -Vanessa
1 of 1 8/16/2005 12:06 PM

DWO POINT SOURCE Fax:[phone] Aug 16 2005 8:14 P.03
r
NC Division of dater Qu
NPDES Unit
1617 MPil Service Center
Raleigh, NC 27699-1617
Re: Briarwood Sub
Dear I& Weaver,
I1 reference to the Tyr
parameters have been. requira
30,000 gallons permitted ftRR
permitted for this facility is 7,
Please contact us if ad
appreciate a correction on the
mattber
& JAMS ENVIRONMENTAL N-ANAGFAEM, INC.
x 1354, Mt. Home, N.C. 20758
(8828)697-0063}Fox No. [phone]
February 13, 2001
1�
f
s
Fii
f C
�m
�
1
tLM
�o
LA-
J
Wza
_n
Jt
Permit Number NC0029882, discbMe 001, the stamdard effluent
as composite samples. It is my understanding that: a facility under
is not rewired to sample by composite. Please now that the flow
00 Salons and therefore, this saniple type should not apply.
ZZ
information is needed in, ft request. otherwise, I would
Permit. Thank you in advance for your consideration oftlais
cl:l-qw"
Juanita James
Jaws & James Fmvkoamert w Mgt., Inc.

6 [gully
E N G I N E E R I N G
1129 2017
North Carolina DEQ - Division of Water Resources
ATTN: Mr. Ron Berry
512 N. Salisbury Street, 9th Floor
Raleigh, NC 27604
RE: Chlorine Contact Chamber Replacement
Bnarwood Subdivision WWTP
NPDES Permit#: NC0029882
Dear Mr. Berry,
Please find enclosed a Authorization to Construct request for the Briarwood Subdivision WWTP. The plant is
privately owned, serves a small subdivision, and is located in Buncombe County. This project is for the
replacement of the existing chlorine contact chamber at the WWTP and would be considered a facility
modification. The timeline for this project is to install the tank as soon as possible. The operator for the WWTP
is Ms. Juanita James.
Currently, there are 15 single family homes connected to the WWTP and there are no plans to expand or add
any additional homes to the WWTP.
WWTP Components
The WWTP at Windy Gap consists of the following elements
1. Manual Bar Screen
2. Reactor Basin
3. Clarifier
4. Chlorine Contact Chamber
5. Dechlorination Manhole
6. Associated piping and blowers for aeration
Existing Chlorine Contact Chamber
The existing chlorine contact chamber is original to the plan and is no longer structurally sound. The walls and
baffles of the chamber were constructed with masonry block and the joints are cracking. The exterior walls are
no longer plumb and are bowing inwards on the structure.
Chlorine Contact Chamber Replacement
The proposed 356 GAL chlorine contact chamber will provide adequate a minimum of 15 minutes of contact
time at the maximum peak flow for the WWTP. A local concrete precast company will be use to cast the
chamber and baffle walls. The proposed chamber will connect to the existing influent and effluent Imes at the
WWTP.
HIGH COUNTRY ENGINEERING, PC
TELEPHONE [phone] FAX: [phone] Clayton St Ste 300, Asheville, NC 28801

Chlorine Contact Chamber Replacement
1129 2017
Construction Seauence
The construction sequence is as follows
1 Block flow from entering existing chlorine contact chamber
2 Pump and dispose 'of wastewater in existing chlorine contact chamber
3 Pump and dispose of wastewater in existing clarifier
4 Demolish old chlorine contact chamber
5 Install new chlorine contact chamber
6 Test and place new chlorine contact chamber
7 Return flow to normal operation
Mr David Burnette is the owner of the WWT:l and is also a licensed utility contractor He will be performing the
work described above, except the hauling and pumping with will require a licensed septic hauler A 3,500
gallon septic tank pumping truck will be used and based on his experience, the plant will not discharge for
roughly 48 hours
Engineering Calculations
Attached to this letter are the calculations for the chlorine contact time, the buoyancy calculations, and the
bearing capacity of the new tank
Soil borings were not completed for this project and therefore the depth of the watertable is not known Based
on my own observations, I do not anticipate the water table being less than 3' deep
No additional permits are needed to complete this work The disturbance is less than 1 acre and therefore an
Erosion Control Permit is not required by the ordinance in Buncombe County
Attachments for Review
The following items are attached for review
• Application for Authorization to Construct Permit (Form ATC-12-14)
c NPDES Permit
• Engineering Plans
• Engineering Calculations (Two pages attached to this cover letter)
• Technical Specifications
• 1 CD with a digital copy of all of the above items
If there are any questions related to this pro ect, please do not hesitate to contact me
Sincerely,
AA"�"-f
Jewac)
Michael R Goforth, PE
High Country Engineering, PC
HIGH COUNTRY ENGINEERING, PC
TELEPHONE [phone] FAX [phone] Clayton St Ste 300, Asheville, NC 28801

Water Resources
ENVIRONMENTAL QUALITY
State of North Carolina
Department of Environmental Quality
NC oozi��
Division of Water Resources
APPLICATION FOR AUTHORIZATION TO CONSTRUCT PERMIT (FORM ATC-12-14)
SECTION 1: INSTRUCTIONS AND INFORMATION
A. The Division of Water Resources will accept this application package for review only if all of the items are provided and the
application is complete. Failure to submit all of the required items will result in the application package being returned as
incomplete per 15A NCAC 02T .0105(b)
B. Plans and specifications must be prepared in accordance with 15 NCAC 02H. 0100. 15A NCAC 02T, North Carolina General
Statute 133-3. North Carolina General Statute 143-215 1. and Division of Water Resources Minimum Design Criteria for NPDES
Wastewater Treatment Facilities.
C. The plans and specifications submitted must represent a completed final design that is ready to advertise forbid
D. Any content changes made to this Form ATC-12-14 shall result in the application package being returned
E. The Applicant shall submit ONE ORIGINAL and ONE DIGITAL COPY (CD) of the application, all supporting documentation and
attachments. All information must be submitted bound or in a 3-ring binder, with a Section tab for each Section, except the
Engineering Plans.
F. Check the boxes below to indicate that the information is provided and the requirements are met.
G. If attachments are necessary for clarity or due to space limitations, such attachments are considered part of the application
package and must be numbered to correspond to the item referenced.
H. For any project that requires review under the State Environmental Polity Act (SEPA), an Authorization to Construct cannot be
issued prior to the completion of a State Clearinghouse advertisement period for a FONSI, EIS, etc unless the project qualifies
for a Determination of Minor Construction Activity
I. For more information, visit the Division of Water Resources web site at. http //portal ncdenr.or�/web/wd//swp/ps/npdes.
J. In addition to this Authorization to Construct, the Applicant should be aware that other permits may be required from other
Sections of the Division of Water Resources (for, example: reclaimed water facilities permits; Class A or B biosolids residuals
permit).
SECTION 2: APPLICANT INFORMATION AND PROJECT DESCRIPTION
A. APPLICANT
Applicant's name
Briarwood Subdivision WWTP
Signature authority's name per 15A NCAC 02T 0106(b)
David Burnette
Signature authority's title
Owner
Complete mailing address
41 Dix Creek One Road
Telephone number
828-275-3563
Email address
[e-mail]
B. PROFESSIONAL ENGINEER
Professional Engineer's name
Michael R Goforth
Professional Engineer's title
Project Manager
North Carolina Professional Engineer's License No
33862
Firm name
High County Engineering, PC`
Firm License number
C-3347
Complete mailing address
41 Clayton Street, Suite 300, Asheville NC 28801
Application for Authorization to Construct Permit (FORM ATC-12-14)
Page 1

Water Resources
ENVIRONMENTAL QUALITY
State of North Caro
Department of Environmental Qua
li
Division of Water Resources
APPLICATION FOR AUTHORIZATION TO CONSTRUCT PERMIT (FORM ATC-12-14)
Telephone number 828-230-4511
Email address [e-mail]
C. NPDES PERMIT
NPDES Permit number NCO029882
J
Current Permitted flow (MGD) — include permit 0.0075
flow phases if applicable
D. PROJECT DESCRIPTION
Provide a brief description of the project Continue to operate existing wastewater treatment Plan Replace existing CCC with
new 325 gal Precast concrete CCC.
SECTION 3: APPLICATION ITEMS REQUIRED FOR SUBMITTAL FOR ALL PROJECTS
A. Cover Letter
® The letter must include a request for the Authorization to Construct, the facility NPDES Number; a brief project description
that indicates whether the project is a new facility, facility modification, treatment process modification, or facility
expansion; the construction timeline; and a list of all items and attachments included in the application package.
® If any of the requirements of 15 NCAC 02-I. 0100. 15A NCAC 02T .0504(c)(1), 15 NCAC 02B. 0400, 15A NCAC 02B. 0500,
North Carolina General Statute 143-215.1, and Division of Water Resources Minimum Design Criteria for NPDES
Wastewater Treatment Facilities are not met by the proposed design, the letter must include an itemized list of the
requirements that are not met.
B. NPDES Permit
® Submit Part I of the Final NPDES permit for this facility, that includes Part A (Effluent Limitations and Monitoring
Requirements) for the monthly average flow limit that corresponds to the work that is requested for this project.
C. Special Order by Consent
❑ If the facility is subject to any Special Orders by Consent (SOC), submit the applicable SOC.
® Not Applicable.
D. Finding of No Significant Impact or Record of Decision
❑ Submit a copy of the Finding of No Significant Impactor Record of Decision for this project.
❑ Provide a brief description of any of the mitigating factors or activities included in the approved Environmental Document
that impact any aspect of design of this project, if not specified in the Finding of No Significant Impact or Record of Decision.
® Not Applicable.
E. Engineering Plans
® Per 15A NCAC 02T .0504(c)(1), submit one set of detailed plans that have been signed, sealed and dated by a North Carolina
Licensed Professional Engineer.
Application for Authorization to Construct Permit (FORM ATC-12-14) Page 2

Water Resources
ENVIRONMENTAL QUALITY
State of North Carolina
Department of Environmental Quality
Division of Water Resources
APPLICATION FOR AUTHORIZATION TO CONSTRUCT PERMIT (FORM ATC-12-14)
® Per 21 NCAC 56.1103(a)(6). the name, address and License number of the Licensee's firm shall be included on each sheet of
the engineering drawings.
® Plans must be labeled as follows: FINAL DRAWING — FOR REVIEW PURPOSES ONLY— NOT RELEASED FOR CONSTRUCTION.
® 15A NCAC ON .0124 requires multiple (dual at a minimum) components such as pumps, chemical feed systems, aeration
equipment and disinfection equipment. Is this requirement met by the design? ❑ Yes or ® No. If no, provide an
explanation: No changes to any of these items at this time.
Plans shall include:
® Plans for all applicable disciplines needed for bidding and construction of the proposed project (check as appropriate):
® Civil ❑ Not Applicable
❑ Process Mechanical ® Not Applicable
❑ Structural ® Not Applicable
❑ Electrical ® Not Applicable
❑ Instrumentation/Controls ® Not Applicable
❑ Architectural ® Not Applicable
❑ Building Mechanical ® Not Applicable
❑ Building Plumbing ® Not Applicable
® Plan and profile views and associated details of all modified treatment units including piping, valves, and equipment
(pumps, blowers, mixers, diffusers, etc.)
❑ Are any modifications proposed that impact the hydraulic profile of the treatment facility? ❑ Yes or ® No If yes, provide
a hydraulic profile drawing on one sheet that includes all impacted upstream and downstream units. The profile shall
include the top of wall elevations of each impacted treatment unit and the water surface elevations within each impacted
treatment unit for two flow conditions: (1) the NPDES permitted flow with all trains in service and (2) the peak hourly flow
with one treatment train removed from service
❑ Are any modifications proposed that impact the process flow diagram or process flow schematic of the treatment facility?
❑ Yes or ® No. If yes, provide the process flow diagram or process flow schematic showing all modified flow paths
including aeration, recycle/return, wasting, and chemical feed, with the location of all monitoring and control instruments
noted.
F. ® Engineering Specifications
® Per 15A NCAC 02T .0504(c)(2). submit one set of specifications that have been signed, sealed and dated by a North Carolina
Licensed Professional Engineer.
® Specifications must be labeled as follows. FINAL SPECIFICATIONS — FOR REVIEW PURPOSES ONLY — NOT RELEASED FOR
CONSTRUCTION.
Specifications shall include:
® Specifications for all applicable disciplines needed for bidding and construction of the proposed project (check as
appropriate):
® civil ❑ Not Applicable
❑ Process Mechanical ® Not Applicable
❑ Structural ® Not Applicable
❑ Electrical ® Not Applicable
Application for Authorization to Construct Permit (FORM ATC-12-14)
Page 3

State of North Caro
Department of Environmental Quali
.Division of Water Resources
Water Resources
ENVIRONMENTAL QUALITY APPLICATION FOR AUTHORIZATION TO CONSTRUCT PERMIT (FORM ATC-12-14)
❑ Instrumentation/Controls ® Not Applicable
❑ Architectural ® Not Applicable
❑ Building Mechanical ® Not Applicable
❑ Building Plumbing ® Not Applicable
® Detailed specifications for all treatment units and processes including piping, valves, equipment (pumps, blowers, mixers,
diffusers, etc.), and instrumentation.
® Means of ensuring quality and integrity of the finished product including leakage testing requirements for structures and
pipelines, and performance testing requirements for equipment.
❑ Bid Form for publically bid projects. N/A
G. Construction Sequence Plan
® Construction Sequence Plan such that construction activities will not result in overflows or bypasses to waters of the State.
The Plan must not imply that the Contrac_or is responsible for operation of treatment facilities List the location of the
Construction Sequence Plan as in the Engineering Plans or in the Engineering Specifications or in both:
H. Engineering Calculations
® Per 15A NCAC 02T 0504(c)(3) submit one set of engineering calculations that have been signed, sealed and dated by a
North Carolina Licensed Professional Engireer; the seal, signature and date shall be placed on the cover sheet of the
calculations.
For new or expanding facilities and for treatment process modifications that are included in Section 4.C, the calculations shall
include at a minimum:
❑ Demonstration of how peak hour design flow was determined with a justification of the selected peaking factor
❑ Influent pollutant loading demonstrating how the design influent characteristics in Section 4.13 2 of this form were
determined.
❑ Pollutant loading for each treatment unit demonstrating how the design effluent concentrations in Section 4 B.2 of this
form were determined
® Hydraulic loading for each treatment unit.
❑ Sizing criteria for each treatment unit and associated equipment (blowers, mixers, pumps, etc.)
❑ Total dynamic head (TDH) calculations and system curve analysis for each pump specified that is included in Section 4 C.6.
® Buoyancy calculations for all below grade structures.
❑ Supporting documentation that the specified auxiliary power source is capable of powering all essential treatment units.
I. Permits
NIA
® Provide the following information for -each permit and/or certification required for this project:
Permit/Certification
Not
Applicable
Date
Submitted
Date
Approved
Permit/
Certification
Number
If Not Issued Provide
Status and Expected
Issuance Date
Dam Safety
NiA
Soil Erosion and Sediment Control
NjA
USCOE /Section 404 Permit
N/A
Application for Authorization to Construct Permit (FORPA ATC-12-14) Page 4

State of North Carolina
Department of Environmental Quality
Division of Water Resources
Water Resources
ENVIRONMENTAL QUALITY APPLICATION FOR AUTHORIZATION TO CONSTRUCT PERMIT (FORM ATC-12-14)
Water Quality Certification (401)
N/A
USCOE / Section 10
N/A
Stormwater Management Plan
N/A
CAMA
N/A
NCDOT Encroachment Agreement
N/A
Railroad Encroachment Agreement
N/A
Other
N/A
J. Residuals Management Plan
❑ For all new. facilities, expanding facilities, or modifications that result in a change to sludge production and/or sludge
processes, provide a Residuals Management Plan meeting the requirements of 15A NCAC 02T 0504(I) and 0508, the Plan
must include-
❑ A detailed explanation as to how the generated residuals (including trash, sediment and grit) will be collected, handled,
processed, stored, treated, and disposed.
❑ An evaluation of the treatment facility's residuals storage requirements based upon the maximum anticipated residuals
production rate and ability to remove residuals.
❑ A permit for residuals utilization or a written commitment to the Applicant from a Permittee of a Department approved
restduals disposal/utilization program that has adequate permitted capacity to accept the residuals or has submitted a
residuals/utilization program application.
❑ if oil, grease, grit or screenings removal and collection is a designated unit process, a detailed explanation as to how
the oil/grease. will be collected, handled, processed, stored and disposed
® Not Applicable
SECTION 4: PROJECT INFORMATION
Continue to operate existing wastewater treatment. plan Replace existing CCC with new 356 gal precast concrete CCC
Application for Authorization to Construct Permit (FORM ATC-12-14)
Page 5

Water Resources
ENVIRONMENTAL QUALITY
State of North I
Department of Environmental Qualit
Division of Water Resources
APPLICATION FOR AUTHORIZATION TO CONSTRUCT PERMIT (FORM ATC-12-14)
A. WASTEWATER TREATMENT PLANT FLOW INFORMATION —COMPLETE FOR NEW OR EXPANDING FACILITIES
1. Provide the following flow information:
Plant Flows
Existing Plant Design
N/A MGD
Current NPDES Permit Limit
N/A MGD
Current Annual Average
(past 12 months)
N/A MGD
For Past 12 Months:
Start Date:
End Date:
For Past 24 Months:
Start Date:
End Date:
Maximum Month
N/A MGD
N/A MGD
Maximum Day
N/A MGD
N/A MGD
Peak Hour
N/A MGD
N/A MGD
Application for. Authorization to Construct Permit (FORM ATC-12-14) Page 6

State of North Carolina
Department of, Environmental Quality
Division of Water Resources
Water Resources
ENVIRONMENTAL QUALITY APPLICATION FOR AUTHORIZATION TO CONSTRUCT PERMIT (FORM ATC-12-14)
B. WASTEWATER TREATMENT FACILITY DESIGN INFORMATION —COMPLETE FOR NEW OR EXPANDING FACILITIES AND
FOR TREATMENT PROCESS MODIFICATIONS
1 Have all of the requirements of 15 NCAC 02H 0100, 15A NCAC 02T, North Carolina General Statute 133-3, North Carolina
General Statute 143-215 1, and Division of Water Resources Minimum Design Criteria for NPDES Wastewater Treatment
Facilities been met by the proposed design and specifications? ® Yes or ❑ No. If no, provide justification as to why the
requirements are not met, consistent with 15A NCAC 02T 0105(n):
2 Provide the design influent and effluent characteristics that are used as the basis for the project design, and the NPDES
permit limits for the following parameters:
Project Basis of Design
Design Influent
Design Influent
Influent
Concentration
Load
Concentration -
(Must be
(Must be
Current Annual
supported by
supported by
Design Effluent
Average (past
12 months) if
Engineering
Calculations
Engineering
Calculations
Concentration and/or
NPDES Permit Limits
Parameter
Available
[Section 3.H])
[Section 3.H])
Load
(monthly average)
Ammonia Nitrogen
mg/L Summer
mg/L Summer
(NH3-N)
mg/L
mg/L
Ib/day
mg/L Winter
mg/L Winter
Biochemical
mg/L Summer
30 0 mg/L Summer
Oxygen Demand
mg/L
mg/L
lb/day
(BODs)
mg/L Winter
mg/L Winter
Fecal Coliform
per 100 mL
200 per 100 mL
Nitrate + Nitrite
Nitrogen (NO3-N +
mg/L
mg/L
NO2-N)
Total Kjeldahl
mg/L
Nitrogen
mg/L
mg/L
Total Nitrogen
lb/year
lb/year
mg/L
mg/L
Total Phosphorus
mg/L
mg/L
lb/day
lb/year
lb/year
Total Suspended
Solids Suspended
mg/L
mg/L
lb/day
mg/L
30 0 mg/L
3 Based on the "Project Basis of Design" parameters listed above, will the proposed design allow the treatment facility to
meet the NPDES Permit Limits listed above? ® Yes or ❑ No. If no, describe how and why the Permit Limits will not be
met
4 Per 15A NCAC 02T 0505(1), by-pass and overflow lines are prohibited. Is this condition met by the design? ® Yes or ❑ No
If no, describe the treatment units bypassed, why this is necessary, and where the bypass discharges:
Application for Authorization to Construct Permit (FORM ATC-12-14)
Page 7

Water Resources
ENVIRONMENTAL QUALITY
State of North Carol
Department of Environmental Quali
Division of Water Resources
APPLICATION FOR AUTHORIZATION TO CONSTRUCT PERMIT (FORM ATC-12-14)
S. Per 15A NCAC 02T .0505(k), multiple pumps shall be provided wherever pumps are used. Is this condition met by the
design? ❑ Yes or ❑ No. If no, provide an explanation:
6. Per 15A NCAC 02T .0505(I), power reliability shall be provided consisting of automatically activated standby power supply
onsite capable of powering all essential treatment units under design conditions, or dual power supply shall be provided
per 15A NCAC 02H. 0124(2)(a). Is this condition met by the design? ® Yes or ❑ No If no, provide (as an attachment
to this Application) written approval from the Director that the facility-
➢ Hasa private water supply that automatically shuts off during power failures and does not contain elevated water
storage tanks, and
➢ Has sufficient storage capacity that no potential for overflow exists, and
➢ Can tolerate septic wastewater due to prolonged detention.
7. Per 15A NCAC 02T .0505(o), a minimum of 30 days of residual storage shall be provided. Is this condition met by the
design? ❑ Yes or ❑ No. If no, explain the alternative design criteria proposed for this project In accordance 15A NCAC
02T .105(n):
8. Per 15A NCAC 02T .0505(g), the public shall be prohibited from access to the wastewater treatment facilities. Explain. how
the design complies with this requirement:
9. Is the treatment facility located within the 1.00-year flood plain? ❑ Yes or ® No. if yes, describe how the facility is
protected from the 100-year flood:
C. WASTEWATER TREATMENT UNIT AND MECHANICAL EQUIPMENT INFORMATION —COMPLETE FOR NEW OR
EXPANDING FACILITIES AND FOR MODIFIED TREATMENT UNITS
PRELIMINARY AND PRIMARY TREATMENT (i.e . Dhvsical removal operations and flow en1Ja1i7atlnn1-
Treatment Unit
No. of
Type
Size per Unit
Plan Sheet
Specification
Calculations
Provided?
Units
Reference
Reference
(Yes or No)
Manual Bar Screen
MGD at peak hourly flow
Mechanical Bar
Screen
MGD at peak hourly flow
Grit Removal
MGD at peak hourly flow
Flow Equalization
gallons
Primary Clarifier
Circular
ft diameter; ft side
water depth
Primary Clarifier
Rectangular
square feet; ft side
water depth
Other
Application for Authorization to Construct Permit (FORM ATC-12-14) Page 8

Water Resources
ENVIRONMENTAL OUALITY
State of North Carolina
Department of Environmental Quality
Division of Water Resources
APPLICATION FOR AUTHORIZATION TO CONSTRUCT PERMIT (FORM ATC-12-14)
2. SECONDARY TREATMENT (BIOLOGICAL REACTORS AND CLARIFIERS) (i e , biological and chemical processes to remove
organics and nutrients)
Treatment Unit
No. of
Type
Size per Unit
Plan Sheet
Specification
Calculations
Provided?
Units
Reference
Reference
(Yes or No)
Aerobic Zones/
Tanks
gallons
Anoxic Zones/
Tanks
gallons
Anaerobic
Zones/Tanks
gallons
Sequencing Batch
Reactor (SBR)
—
gallons
Membrane
Bioreactor (MBR)
gallons
Secondary Clarifier
Circular
ft diameter; ft side
water depth
Secondary Clarifier
Rectangular
square feet; ft sidewater
depth
Other
3 TERTIARY TREATMENT
Treatment Unit
No. of
Type
Size per Unit
Plan Sheet
Specification
Calculations
Provided?
Units
Reference
Reference
(Yes or No)
Tertiary Clarifier
. Circular
ft diameter; ft side
water depth
Tertiary Clarifier
Rectangular
square feet; ft side
water depth
Tertiary Filter
square feet
Tertiary Membrane
Filtration
square feet
Post -Treatment
_
gallons
Flow Equalization
Post -Aeration
gallons
Other
4. DISINFECTION
No. of
Plan Sheet
Specification
Calculations
Treatment Unit .
Units
Type
Size per Unit
Reference
Reference
Provided?
(Yes or No)
gal/day per bank at peak
Ultraviolet Light
(Parallel; in
hourly flow; number ofbanks,
series)
number of
lamps/bank
Chlorination
1
tablet (Gas;
tablet; liquid)
325 gallons of contact tank/unit
C-1,C-2
_
YES .
Application for Authorization to Construct Permit (FORM ATC-12-14)
Page 9

WaterResources
ENVIRONMENTAL QUALITY
State of North Caro
Department of Environmental Qua r
Division of Water Resources
APPLICATION FOR AUTHORIZATION TO CONSTRUCT PERMIT (FORM ATC-12-14)
Dechlorination
(Gas;
gallons of contact
tablet, liquid)
tank/unit
5. RESIDUALS TREATMENT
Treatment Unit
No. of
Type
Size per Unit
Plan Sheet
Specification
Calculations
Provided?
Units
Reference
Reference
(Yes or No)
Gravity Thickening
square feet, ft side
Tank
water depth
Mechanical
Thickening/
dry lb/hour
Dewatering
Aerobic Digestion
gallons
Anaerobic
Digestion
gallons
Composting
dry lb/hour
Drying
dry lb/hour
Other
6. PUMP SYSTEMS (Include influent, intermedi3te, effluent, major recycles, waste sludge, thickened waste sludge and plant
drain pumps)
Location
No. of
Pumps
Purpose
Type
Capacity of
each pump
plan Sheet
Reference
Specification
Reference
GPM
TDH
7. MIXERS
Location
No. of
Mixers
Purpose
Type
Power of
each Mixer
(HP)
Plan Sheet
Reference
Specification
Reference
Application for Authorization to Construct Permit (FORM ATC-12-14) Page 10

Water Resources
ENVIRONMENTAL OUALITV
State of North Carolina
Department of Environmental Quality
Division of Water Resources
APPLICATION FOR AUTHORIZATION TO CONSTRUCT PERMIT (FORM ATC-12-14)
Application for Authorization to Construct Permit (FORM ATC-12-14)
Page 11

State of North Caro
�'. Department of Environmental Qualit
1„
Division of Water Resources
Water Resources
ENVIRONMENTAL QUALITY APPLICATION FOR AUTHORIZATION TO CONSTRUCT PERMIT (FORM ATC-12-14)
8. BLOWERS
Location
No. of
Blowers
Purpose
Type
Capacity of
each Blower
(CFM)
plan Sheet
Reference
Specification
Reference
9. ODOR CONTROL
Location
No. of
Units
purpose
Type
Plan Sheet
Reference
Specification
Reference
D. SETBACKS —.COMPLETE FOR NEW WASTEWATER TREATMENT STRUCTURES
I. The minimum distance for each setback parameter to the wastewater treatment/storage units per 15A NCAC 02T .0506(b)
are as follows.
Minimum Distance
Is Minimum Distance
Setback Parameter
Required from Nearest
Requirement met by the
Design? If "No", identify
Treatment/Storage
Setback Waivers in Item D.2
Unit
Below
Any habitable residence or place of assembly under separate
100 ft
® Yes
❑ No
ownership or not to be maintained as part of the project site
Any private or public water supply source
100 ft
❑ Yes
❑ No
Surface waters (streams — intermittent and perennial, perennial
soft
❑ Yes
® No
waterbodies, and wetlands)
Any well with exception of monitoring wells
100 ft
❑ Yes
❑ No
Any property line
Soft
® Yes
❑ No
2. Have any setback waivers been obtained per 15A NCAC 02T 0506(d)? ❑ Yes or ® No If yes, have these waivers been
written, notarized and signed by all parties involved and recorded with the County Register of Deeds? ❑ Yes or ❑ No. If
no, provide an explanation.
NOT APPLICABLE, ALL SETBACKS ARE MET FOR EXSITING WWTP
Application for Authorization to Construct Permit (FORM ATC-12-14) Page 12

State of North Carolina
Department of Environmental Quality
Division of Water Resources
Water Resources
ENVIRONMENTAL QUALITY APPLICATION FOR AUTHORIZATION TO CONSTRUCT PERMIT (FORM ATC-12-14)
SECTION 5: APPLICATION CERTIFICATION BY PROFESSIONAL ENGINEER
Professional Engineer's Certification per 15A NCAC 02T .0105:
I, Michael R. Goforth, attest that this application package for an Authorization to Construct
(Typed Name of Professional Engineer)
for the Briarwood Subdivision WWTP - Chlorine Contact Chamber Replacement
(Facility and Project Name)
was prepared under my direct supervisory control and to the best of my knowledge is accurate, complete and consistent
with the information supplied in the engineering plans, specifications, calculations, and all other supporting
documentation for this project. I further attest that to the best of my knowledge the proposed design has been
prepared in accordance with all applicable regulations and statutes,15 NCAC 02H. 0100.15A NCAC 02T, North Carolina
General Statute 133-3, North Carolina General Statute 143-215.1, and Division of Water Resources Minimum Design
Criteria for NPDES Wastewater Treatment Facilities, and this Authorization to Construct Permit Application, except as
provided for and explained in Section 4.B.1 of this Application. I understand that the Division of Water Resources'
issuance of the Authorization to Construct Permit may be based solely upon this Certification and that the Division may
waive the technical review of the plans, specifications, calculations and other supporting documentation provided in this
application package. I further understand that the application package may be subject to a future audit by the Division.
Although certain portions of this submittal package may have been prepared, signed and sealed by other professionals
licensed in North Carolina, inclusion of these materials under my signature and seal signifies that I have reviewed the
materials and have determined that the materials are consistent with the project design.
I understand that in accordance with General Statutes 143-215.6A and 143-215.6B, any person who knowingly makes
any false statement, representation, or certification in any application package shall be guilty of a Class 2 misdemeanor,
which may include a fine not to exceed $10,000, as well as civil penalties up to $25,000 per violation.
North Carolina Professional Engineer's seal with written signature placed over or adjacent to the seal and dated:
High Country Engineering, PC (C-3347)
41 Clayton Street, Suite 300
Asheville, NC 28801
T: 828.231.9380
Contact: Michael R. Goforth, PE
E: [e-mail]
Application for Authorization to Construct Permit (FORM ATC-12-14) Page 13

State of North Caro
Department of Environmental Quail
Division of Water Resources
Water Resources
ENVIRONMENTAL QUALITY APPLICATION FOR AUTHORIZATION TO CONSTRUCT PERMIT (FORM ATC-12-14)
SECTION 6: APPLICATION CERTIFICATION BY APPLICANT
Applicant's Certification per 15A NCAC 02T .0106(b):
I, David Burnette. Owner, attest that this application package for an Authorization to Construct
(Typed Name of Signature Authority and Title)
for the Briarwood Subdivision WWTP - Chlorine Contact Chamber Replacement
(Facility and Project Name)
has been reviewed by me and is accurate and complete to the best of my knowledge. I also understand that if all
required parts of this application package are not completed and that if all required supporting information and
attachments are not included, this application package will be returned to me as incomplete. I further certify that in
accordance with 15A NCAC 02T .0120(b), the Applicant or any affiliate has not been convicted of environmental crimes,
has not abandoned a wastewater facility without proper closure, does not have an outstanding civil penalty where all
appeals have been abandoned or exhausted, are compliant with any active compliance schedule, and does not have any
overdue annual fees.
I understand that the Division of Water Resources' issuance of the Authorization to Construct Permit may be based
solely upon acceptance of the Licensed Professional Engineer's Certification contained in Section 5, and that the Division
may waive the technical review of the plans, specifications, calculations and other supporting documentation provided
in this application package. I further understand that the application package may be subject to a future audit.
understand that in accordance with General Statutes 143-215.6A and 143-215.6E any person who knowingly makes
any false statem ep ent 'on, o rtification in any application package shall be guilty of a Class 2 misdemeanor,
which may incl de i t xc 00, as well as civil penalties up to $25,000 per violation.
Signature: Date:
THE COMPLETED APPLICATION AND SUPPORTING INFORMATION SHALL BE SUBMITTED TO:
NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER RESOURCES/NPDES
By U.S. Postal Service By Courier/Special Delivery:
1617 MAIL SERVICE CENTER 512 N. SALISBURY STREET, 9TH FLOOR
RALEIGH, NORTH CAROLINA 27699-1617 RALEIGH, NORTH CAROLINA 27604
TELEPHONE NUMBER: [phone]
Application for Authorization to Construct Permit (FORM ATC-12-14) Page 14

i!C&DENR
North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
August 10, 2015
Ms. Bertha Burnette
Briarwood Subdivision
41 Dix Creek One Road
Leicester, North Carolina 28748
RECEI`JEIgiald
Division of Water Resou
AUG 2 5 2015
Water Quality Regional Operations
Asheville Regional Office
Subject: NPDES PERMIT ISSUANCE
Permit Number NCO029882
Briarwood Subdivision WWTP - Class I
Buncombe County
Dear Ms. Burnette:
,qh'D
der Vaart
Secretary
Division personnel have reviewed and approved your application for renewal of the subject
permit. Accordingly, we are forwarding the attached final 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).
Please also note that proposed federal regulations require electronic submittal of all discharge
monitoring reports (DMRs) and specify that, if a state does not establish a system to receive such
submittals, then permittees must submit DMRs electronically to the Environmental Protection Agency
(EPA). Therefore, a requirement to begin reporting- discharge monitoring data electronically using the
NC DWR's Electronic Discharge Monitoring Report (eDMR) internet application has been added to this
final permit. [See Special Condition A. (2.)] For information on eDMR, registering for eDMR and
obtaining an eDMR user account, please' visit the following web page:
http://portal.nedenr.org/web/Wq/admin/bog,/ipu/edmr.
For information on EPA's proposed NPDES Electronic Reporting Rule, please visit the following
web site: http•//www2 epa gov/compliance/proposed-npdes-electronic-reportin rule.
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 permit 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 Resources or any other Federal, State, or Local governmental permits that may be
required.
1617 Mail Service Center, Raleigh, North Carolina 27699-1617
Phone: [phone] Internet: www.ncwaterquality.org
An Equal Opportunity 1 Affirmative Action Employer— Made in part by recycled paper

Briarwood Subdivision WWTP
NCO029882
August 10, 2015
Page 2
If you have any questions or need additional information, please do not hesitate to contact
Maureen Kinney of my staff at [phone].
Since ely,
S. Jay Zimmerman, P.G., Director
Division of Water Resources, NCDENR
cc: Central Files
NPDES Unit Fifes
(D��Asle�;il°le.�I�egzonal�Orffrce,�Wate�Qaal�,ty�egxon�alOp�e-ratioiis�Seciia

Permit NCO029882
STATE OF NORTH CAROLINA
Lr,PARTMENT .OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER RESOURCES
PERMIT
TO DISCHARGE WASTEWATER UNDER THE
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
In compliance with the provisions of North Carolina General Statute 143-215.1, other lawful standards
and regulations promulgated and adopted by the North Carolina Environmental Management
Commission, and the Federal Water Pollution Control Act, as amended, the
Bertha S. Burnette
is hereby authorized to discharge wastewater from a facility located at
Briarwood Subdivision WWTP
Dix Creek Road Number One (NCSR 1309)
Southeast of Georgetown
Buncombe County
to receiving waters designated as Dix Creek in the French Broad River Basin in accordance with
effluent limitations, monitoring requirements, and other conditions set forth in Parts I, I1, III and IV
hereof.
This permit shall become effective November 1, 2015.
This permit and authorization to discharge shall expire at midnight on October 31, 2020.
Signed this day August 10, 2015.
5.1
S ay Zimmerman, P.G., DirvAb _.,
Division of Water Resources
By Authority of the Environmental Management Commission
I�

Permit
SUPPLEMENT TO PERMIT COVER SHEET
All previous NPDES Permits issued to this facility, whether for operation or discharge,
superseded and, as of this issuance, any previously issued permit describing this treatment iacuity or
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 described
herein.
Bertha S. Burnette is hereby authorized to:
1. Continue to operate an existing 0.0075 MGD wastewater treatment plant consisting of the
following treatment components:
♦ Manual bar screen
♦ Extended aeration basin with dual blowers
♦ Rectangular Clarifier with skimmer and sludge return
♦ Aerobic digestor
♦ Tablet chlorinator
♦ Dechlorination
♦ Chlorine contact chamber
2. This facility is located on Dix Creek Road Number One (NCSR 1309) southeast of Georgetown
at the Briarwood Subdivision WWTP in Buncombe County.
3. Discharge from said treatment works at the location specified on the attached map into Dix
Creek, currently classified C waters in sub -basin 04-03-02 of the French Broad River Basin.

Pennit NC0029882
FLUENT LIMITATIONS AND MONITORING REQUIREMENTS
A NCAC 02B .0400 et seq., 02B .0500 et seq.]
—t) ..�. period beginning on the effective date of this pernnit and lasting until expiration, the
Permittee is authorized to discharge from outfall 001. Such discharges shall be limited and monitored 1
by the Permittee as specified below:
EFFLUENT
CHARACTERISTICS
LIMITS
MONITORING REOUIREMENTS
Monthly
Daily
Measurement
Sample
Sample
Parameter Code
Average
Maximum
Frequency
Type
Location
Flow
50050
0.0075 MGD
Weekly
Instantaneous
Influent or Effluent
BOD
BOD, 5-day, 20° C
30.0 mg/L
45.0 mg/L
Weekly,
Grab :
Effluent
Total Suspended Solids
C0530
3 0. 0 mg/L
45.0 mg/L
Weekly
Grab
Effluent
NH3 as N
C0610
2/Month
Grab
Effluent
Fecal Coliform (geometric mean)
31616
200/100 ml
400/100m1
Weekly
Grab
Effluent
Total Residual Chlorine z
50060
28 µg/L
2/Week
Grab
Effluent
Temperature (°C)
00010
Weekly
Grab
Effluent
pH
00400
00
6.0 — 9.0 Standard Units
Weekly
Grab
Effluent
Footnotes:
1. No later than 270 days from the effective date of this permit, begin submitting discharge
monitoring reports electronically using NC DWR's eDMR application system. See Special
Condition A.(2.).
2. The Division shall consider all effluent TRC values reported below 50 µg/L to be in compliance
with the permit. However, the Permittee shall continue to record and 'submit all values reported
by a North Carolina certified laboratory (including field certified), even if these values fall below
50 µg/L.
THERE SHALL BE NO DISCHARGE OF FLOATING SOLIDS OR VISIBLE FOAM IN OTHER THAN TRACE AMOUNTS.

Permit
A. (2.) ELECTRONIC REPORTING OF DISCHARGE MONITORING REPORTS
[G.S. 143-215.1(b)]
Proposed federal regulations require electronic submittal of all discharge monitoring reports (E*
specify that, if a state does not establish a system to receive such submittals, then permittees must submit
DMRs electronically to the Environmental Protection Agency (EPA).
NOTE: This special condition supplements or supersedes the following sections within Part 11 of this permit
(Standard Conditions for NPDES Permits):
• Section B. (11.) Signatory Requirements
• Section D. (2.) Reporting
• Section D. (6.) Records Retention
• Section E. (5.) Monitoring Reports
1. Reporting [Supersedes Section D. (2.) and Section E. (5.) (a)1
Beeinning no later than 270 days from the effective date of this permit, the permittee shall begin
reporting discharge monitoring data electronically using the NC DWR's Electronic Discharge Monitoring
Report (eDMR) internet application.
Monitoring results obtained during the previous month(s) shall be summarized for each month and
submitted electronically using eDMR. The eDMR system allows permitted facilities to enter monitoring data
and submit DMRs electronically using the internet. Until such time that the state's eDMR application is
compliant with EPA's Cross -Media Electronic Reporting Regulation (CROMERR), permittees will be required
to submit all discharge monitoring data to the state electronically using eDMR and will be required to complete.
the eDMR submission by printing, signing, and submitting one signed original and a copy of the computer
printed eDMR to the following address:
NC DENR / DWR / Information Processing Unit
ATTENTION: Central Files / eDMR
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
If a permittee is unable to .use the eDMR system due to a demonstrated hardship or due to the facility being
physically located in an area where less than 10 percent of the households have broadband access, then a
temporary waiver from the NPDES electronic.reporting requirements may be granted and discharge monitoringM
data may be submitted on paper DR forms (MR 1, 1. 1, 2, 3) or alternative forms approved by the Director.
Duplicate signed copies shall be submitted to the mailing address above.
Requests for temporary waivers from the NPDES electronic reporting requirements must be submitted in
writing to the Division for written approval at least sixty (60) days prior to the date the facility would be
required under this permit to begin using eDMR. Temporary waivers shall be valid for twelve (12) months and
shall thereupon expire. At such time, DMRs shall be submitted electronically to the Division unless the
permittee re -applies for and is granted a new temporary waiver by the Division.
Information on eDMR and application fora temporary waiver from the NPDES electronic reporting
requirements is found on the following web page:
http://portal.nedenr.org/web/wq/admin/bog_/ipu/edmr
Regardless of the submission method, 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.

Permit NC0029882
ry Requirements [Supplements Section B. (11.) (b) and supersedes Section B (11) (d)l
All eDMRs submitted to the permit issuing authority shall be signed by a person described in Part H,
Section B. (I 1.)(a) or by a duly authorized representative of that person as described in Part 11, Section B.
(1 l.)(b). A person, and not a position, must be delegated signatory authority for eDMR reporting purposes.
For eDMR submissions, the person signing and submitting the DMR must obtain an eDMR user account
and login credentials to access the eDMR system. For more information on North Carolina's eDMR system,
registering for eDMR and obtaining an eDMR user account, please visit the following web page:
hM2://portal.nedenr. org/web/wcl/adminibo g/ipu/edmr
Certification. Any person submitting an electronic DMR using the state's eDMR system shall make the
following certification [40 CFR 122.221. NO OTHER STATEMENTS OF CERTIFICATION WILL BE
ACCEPTED:
U 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 nay 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. "
3. Records Retention [Supplements Section D. (6.)]
The permittee shall retain records of all Discharge Monitoring Reports, including eDMR submissions.
These records or copies shall be maintained for a period of at least 3 years from the date of the report. This
period may be extended by request of the Director at any time [40 CFR 122.411.

IMIN�.AARIM
Bertha S. Burnette
Briarwood Subdivision WWTP
Count
Buncombe Stream Class:
C
Receiving Stream: Dix Creek Sub -Basin: -
04-03-02
Latitude:
35' 36' 19" Grid/Quad:
Enka
Longitude:
82' 40' 33" HUC#:
06010105
MIN®R
I
a
R
'0
�AMWMQ I
OUTFALL 001
r
Facility
Location
(not to scale)
NPDES Permit: NCO029882

NPDES Permit Standard Conditions
Page 1 of 18
PART II
STANDARD CONDITIONS FOR NPDES PERMITS
Section A. Definitions
2/Month
Samples are collected twice per month with at least ten calendar days between sampling events. These samples shall be
representative of the wastewater discharged during the sample period.
3/Week
Samples are collected three times per week on three separate calendar days. These samples shall be representative of
the wastewater discharged during the sample period.
Act or "the Act".
The Federal Water Pollution Control Act, also known as the Clean Water Act (CWA), as amended, 33 USC 1251, et.
seq.
Annual Average
The arithmetic mean of all "daily discharges" of a pollutant measured during the calendar year. In the case of fecal
coliform, the geometric mean of such discharges.
Arithmetic Mean
The summation of the individual values divided by the number of individual values.
Bypass
The known diversion of waste streams from any portion of a treatment facility including the collection system, which is
not a designed or established or operating mode for the facility.
Calendar Day
The period from midnight of one day until midnight of the next day. However, for purposes of this permit, any
consecutive 24-hour period that reasonably represents the calendar day may be used for sampling.
Calendar Week
The period from Sunday through the following Saturday.
Calendar Quarter
One of the following distinct periods: January through March, April through June, July through September, and
October through December.
Composite Sample
A sample collected over a 24-hour period by continuous sampling or combining grab samples of at least 100 mL in
such a manner as to result in a total sample representative of the wastewater discharge during the sample period. The
Director may designate the most appropriate method (specific number and size of aliquots necessary, the time interval
between grab samples, etc.) on a case -by -case basis. Samples may be collected manually or automatically. Composite
samples may be obtained by the following methods:
(1) Continuous: a single, continuous sample collected over a 24-hour period proportional to the rate of flow.
(2) Constant time/variable volume: a series of grab samples collected at equal time intervals over a 24 hour period
of discharge and combined proportional to the rate of flow measured at the time of individual sample
collection, or
(3) Variable time/constant volume: a series of grab samples of equal volume collected over a 24 hour period with
the time intervals between samples determined by a preset number of gallons passing the sampling point. Flow
measurement between sample intervals shall be determined by use of a flow recorder and totalizer, and the
preset gallon interval between sample collection fixed at no greater than 1/24 of the expected total daily flow at
the treatment system, or
Version 1110912011.1

NPDES Permit
F&
(4) Constant time/constant volume: a series of grab samples of equal volume collected over a 24-hour period at a
constant time interval. Use of this method requires prior approval by the Director. This method may only be
used in situations where effluent flow rates vary less than 15 percent. The following restrictions also apply:
➢ Influent and effluent grab samples shall be of equal size and of no less than 100 milliliters
➢ Influent samples shall not be collected more than once per hour.
➢ Permittees with wastewater treatment systems whose detention time < 24 hours shall collect effluent grab
samples at intervals of no greater than 20 minutes apart during any 24-hour period.
➢ Permittees with wastewater treatment systems whose detention time exceeds 24 hours shall collect effluent
grab samples at least every six hours; there must be a minimum of four samples during a 24-hour sampling
period.
Continuous flow measurement
Flow monitoring that occurs without interruption throughout the operating hours of the facility. Flow shall be
monitored continually except for the infrequent times when there may be no flow or for infrequent maintenance
activities on the flow device.
Daily Discharge
The discharge of a pollutant measured during a calendar day or any 24-hour period that reasonably represents the
calendar day for purposes of sampling. For pollutants measured in units of mass, the "daily discharge" is calculated as
the total mass of the pollutant discharged over the day. For pollutants expressed in other units of measurement, the
"daily discharge" is calculated as the average measurement of the pollutant over the day. (40 CFR 122.2; see also
"Composite Sample," above.)
Daily Maximum
The highest "daily discharge" during the calendar month.
Daily Sampling
Parameters requiring daily sampling shall be sampled 5 out of every 7 days per week unless otherwise specified in the
permit. Sampling shall be conducted on weekdays except where holidays or other disruptions of normal operations
prevent weekday sampling. If sampling is required for all seven days of the week for any permit parameter(s), that
requirement will be so noted on the Effluent Limitations and Monitoring Page(s).
DWR or "the Division"
The Division of Water Resources; Department of Environment and Natural Resources.
Effluent
Wastewater discharged following all treatment processes from a water pollution control facility or other point source
whether treated or untreated.
EMC
The North Carolina Environmental Management Commission
EPA
The United States Environmental Protection Agency
Facility Closure
Cessation of all activities that require coverage under this NPDES permit. Completion of facility closure will allow this
permit to be rescinded.
Geometric Mean
The Nth root of the product of the individual values where N = the number of individual values. For purposes of
calculating the geometric mean, values of "0" (or "< [detection level]") shall be considered = 1.
Grab Sample
Individual samples of at least 100 mL collected over a period of time not exceeding 15 minutes. Grab samples can be
collected manually. Grab samples must be representative of the discharge (or the receiving stream, for instream
samples).
Version 1110912011.1

NPDES Permit Standard Conditions
Page 3 of 18
Any substance designated under 40 CFR Part 116 pursuant to Section 311 of the CWA.
Instantaneous flow measurement
The flow measured during the minimum time required for the flow measuring device or method to produce a result in
that instance. To the extent practical, instantaneous flow measurements coincide with the collection of any grab
samples required for the same sampling period so that together the samples and flow are representative of the discharge
during that sampling period.
Monthly Average concentration limit)
The arithmetic mean of all "daily discharges" of a pollutant measured during the calendar month. In the case of fecal
coliforin or other bacterial parameters or indicators, the geometric mean of such discharges.
Permit Issuing Authority
The Director of the Division of Water Resources.
Quarterly Average (concentration limit)
The arithmetic mean of all samples taken over a calendar quarter.
Severe property damage
Substantial physical damage to property, damage to the treatment facilities which causes them to become inoperable, or
substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a
bypass. Severe property damage excludes economic loss caused by delays in production.
Toxic Pollutant:
Any pollutant listed as toxic under Section 307(a)(1) of the CWA.
Upset
An incident beyond the reasonable control of the Permittee causing unintentional and temporary noncompliance with
permit effluent limitations and/or monitoring requirements. An upset does not include noncompliance caused by
operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive
maintenance, or careless or improper operation.
Weekly Average (concentration limit)
The arithmetic mean of all "daily discharges" of a pollutant measured during the calendar week. In the case of fecal
coliform or other bacterial parameters or indicators, the geometric mean of such discharges.
Section B. General Conditions
1. Duty to Comply
The Permittee must comply with all conditions of this permit. Any permit noncompliance constitutes a violation of
the CWA and is grounds for enforcement action; for permit termination, revocation and reissuance, or
modification; or denial of a permit renewal application [40 CFR 122.41].
a. The Permittee shall comply with effluent standards or prohibitions established under section 307(a) of the
CWA for toxic pollutants and with standards for sewage sludge use or disposal established under section
405(d) of the CWA within the time provided in the regulations that establish these standards or prohibitions or
standards for sewage sludge use or disposal, even if the permit has not yet been modified to incorporate the
requirement.
b. The CWA provides that any person who violates section[s] 301, 302, 306, 307, 308, 318 or 405 of the Act, or
any permit condition or limitation implementing any such sections in a permit issued under section 402, or any
requirement imposed in a pretreatment program approved under sections 402(a)(3) or 402(b)(8) of the Act, is
subject to a civil penalty not to exceed $37,500 per day for each violation. [33 USC 1319(d) and 40 CFR
122.41(a)(2)]
c. The CWA provides that any person who negligently violates sections 301, 302, 306, 307, 308, 318, or 405 of
the Act, or any condition or limitation implementing any of such sections in a permit issued under section 402
of the Act, or any requirement imposed in a pretreatment program approved under section 402(a)(3) or
402(b)(8) of the Act, is subject to criminal penalties of $2,500 to $25,000 per day of violation, or
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imprisonment of not more than 1 year, or both. In the case of a second or subsequent conviction for a negligent
violation, a person shall be subject to criminal penalties of not more than $50,000 per day of violation, or by
imprisonment of not more than 2 years, or both. [33 USC 1319(c)(1) and 40 CFR 122.41(a)(2)]
d. Any person who knowingly violates such sections, or such conditions or limitations is subject to criminal
penalties of $5,000 to $50,000 per day of violation, or imprisonment for not more than 3 years, or both. In the
case of a second or subsequent conviction for a knowing violation, a person shall be subject to criminal
penalties of not more than $100,000 per day of violation, or imprisonment of not more than 6 years, or both.
[33 USC 1319(c)(2) and 40 CFR 122.41(a)(2)]
e. Any person who knowingly violates section 301, 302, 303, 306, 307, 308, 318 or 405 of the Act, or any permit
condition or limitation implementing any of such sections in a permit issued under section 402 of the Act, and
who knows at that time that he thereby places another person in imminent danger of death or serious bodily
injury, shall, upon conviction, be subject to a fine of not more than $250,000 or imprisonment of not more than
15 years, or both. In the case of a second or subsequent conviction for a knowing endangerment violation, a
person shall be subject to a fine of not more than $500,000 or by imprisonment of not more than 30 years, or
both. An organization, as defined in section 309(c)(3)(B)(iii) of the CWA, shall, upon conviction of violating
the imminent danger provision, be subject to a fine of not more than $1,000,000 and can be fined up to
$2,000,000 for second or subsequent convictions. [40 CFR 122.41(a)(2)]
f. Under state law, a civil penalty of not more than $25,000 per violation may be assessed against any person
who violates or fails to act in accordance with the terms, conditions, or requirements of a permit. [North
Carolina General Statutes § 143-215.6A]
g. Any person may be assessed an administrative penalty by the Administrator for violating section 301, 302,
306, 307, 308, 318 or 405 of this Act, or any permit condition or limitation implementing any of such sections
in a permit issued under section 402 of this Act. Administrative penalties for Class I violations are not to
exceed $16,000 per violation, with the maximum amount of any Class I penalty assessed not to exceed
$37,500. Penalties for Class H violations are not to exceed $16,000 per day for each day during which the
violation continues, with the maximum amount of any Class H penalty not to exceed $177,500. [33 USC
1319(g)(2) and 40 CFR 122.41(a)(3)]
2. Duty to Mitigate
The Permittee shall take all reasonable steps to minimize or prevent any discharge or sludge use or disposal in
violation of this permit with a reasonable likelihood of adversely affecting human health or the environment [40
CFR 122.41(d)].
Civil and Criminal Liability
Except as provided in permit conditions on "Bypassing" (Part H.C.4), "Upsets" (Part II.C.5) and "Power Failures"
(Part ll.C.7), nothing in this permit shall be construed to relieve the Permittee from any responsibilities, liabilities,
or penalties for noncompliance pursuant to NCGS 143-215.3, 143-215.6 or Section 309 of the Federal Act, 33 USC
1319. Furthermore, the Permittee is responsible for consequential damages, such as fish kills, even though the
responsibility for effective compliance may be temporarily suspended.
4. Oil and Hazardous Substance Liability
Nothing in this permit shall be construed to preclude the institution of any legal action or relieve the Permittee
from any responsibilities, liabilities, or penalties to which the Permittee is or may be subject to under NCGS 143-
215.75 et seq. or Section 311 of the Federal Act, 33 USG 1321. Furthermore, the Permittee is responsible for
consequential damages, such as fish kills, even though the responsibility for effective compliance may be
temporarily suspended.
5. Property Rights
The issuance of this permit does not convey any property rights in either real or personal property, or any exclusive
privileges, nor does it authorize any injury to private property or any invasion of personal rights, nor any
infringement of Federal, State or local laws or regulations [40 CFR 122.41(g)].
6. Onshore or Offshore Construction
This permit does not authorize or approve the construction of any onshore or offshore physical structures or
facilities or the undertaking of any work in any navigable waters.
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7. Severability
The provisions of this permit are severable. If any provision of this permit, or the application of any provision of
this permit to any circumstances, is held invalid, the application of such provision to other circumstances, and the
remainder of this permit, shall not be affected thereby [NCGS 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
Permittee must apply for and obtain a new permit [40 CFR 122.41(b)].
10. Expiration of Permit
The Permittee is not authorized to discharge after the expiration date. In order to receive automatic authorization to
discharge beyond the expiration date, the Permittee shall submit such information, forms, and fees as are required
by the agency authorized to issue permits no later than 180 days prior to the expiration date unless permission for a
later date has been granted by the Director. (The Director shall not grant permission for applications to be
submitted later than the expiration date of the existing permit.) [40 CFR 122.21(d)] Any Permittee that has not
requested renewal at least 180 days prior to expiration, or any Permittee that does not have a permit after the
expiration and has not requested renewal at least 180 days prior to expiration, will subject the Permittee to
enforcement procedures as provided in NCGS 143-215.6 and 33 USC 1251 et. seq.
11. Signatory Requirements
All applications, reports, or information submitted to the Permit Issuing Authority shall be signed and certified [40
CFR 122.41(k)].
a. All permit applications shall be signed as follows:
(1) For a corporation: by a responsible corporate officer. For the purpose of this Section, a responsible
corporate officer means: (a) a president, secretary, treasurer or vice president of the corporation in charge
of a principal business function, or any other person who performs similar policy or decision making
functions for the corporation, or (b) the manager of one or more manufacturing, production, or operating
facilities, provided, the manager is authorized to make management decisions which govern the operation
of the regulated facility including having the explicit or implicit duty of making major capital investment
recommendations, and initiating and directing other comprehensive measures to assure long term
environmental compliance with environmental laws and regulations; the manager can ensure that the
necessary systems are established or actions taken to gather complete and accurate information for permit
application requirements; and where authority to sign documents has been assigned or delegated to the
manager in accordance with corporate procedures .
(2) For a partnership or sole proprietorship: by a general partner or the proprietor, respectively; or
(3) For a municipality, State, Federal, or other public agency: by either a principal executive officer or
ranking elected official [40 CFR 122.22].
b. All reports required by the permit and other information requested by the Permit Issuing Authority shall be
signed by a person described in paragraph a. above or by a duly authorized representative of that person. A
person is a duly authorized representative only if:
(1) The authorization is made in writing by a person described above;
(2) The authorization specified either an individual or a position having responsibility for the overall operation
of the regulated facility or activity, such as the position of plant manager, operator of a well or well field,
superintendent, a position of equivalent responsibility, or an individual or position having overall
responsibility for environmental matters for the company. (A duly authorized representative may thus be
either a named individual or any individual occupying a named position.); and
(3) The written authorization is submitted to the Permit Issuing Authority [40 CFR 122.22]
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c. Changes to authorization: If an authorization under paragraph (b) of this section is no longer accurate because
a different individual or position has responsibility for the overall operation of the facility, a new authorization
satisfying the requirements of paragraph (b) of this section must be submitted to the Director prior to or
together with any reports, information, or applications to be signed by an authorized representative [40 CFR
122.22]
d. Certification. Any person signing a document under paragraphs a. or b. of this section shall make the following
certification [40 CFR 122.22]. NO OTHER STATEMENTS OF CERTIFICATION WILL BE ACCEPTED:
"I certify, under penalty of law, that this document and all attachments were prepared under my direction or
supervision in accordance with a system designed to assure that qualified personnel properly gather and
evaluate the information submitted. Based on my inquiry of the person orpersons who manage the system, or
those persons directly responsible for gathering the information, the information submitted is, to the best of my
knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for
submitting false information, including the possibility offines and imprisonment for knowing violations. "
12. Permit Actions
This permit may be modified, revoked and reissued, or terminated for cause. The filing of a request by the
Permittee for a permit modification, revocation and reissuance, or termination, or a notification of planned changes
or anticipated noncompliance does not stay any permit condition [40 CFR 122.41(f)].
13. Permit Modification, Revocation and Reissuance, or Termination
The issuance of this permit does not prohibit the pen -nit issuing authority from reopening and modifying the permit,
revoking and reissuing the permit, or terminating the permit as allowed by the laws, rules, and regulations
contained in Title 40, Code of Federal Regulations, Parts 122 and 123; Title 15A of the North Carolina
Administrative Code, Subchapter 02H .0100; and North Carolina General Statute 143.215.1 et. al.
14. Annual Administering and Compliance Monitoring Fee Requirements
The Permittee must pay the annual administering and compliance monitoring fee within thirty days after being
billed by the Division. Failure to pay the fee in a timely manner in accordance with 15A NCAC 02H .0105(b)(2)
may cause this Division to initiate action to revoke the pen -nit.
Section C. Operation and Maintenance of Pollution Controls
1. Certified Operator
Owners of classified water pollution control systems must designate operators, certified by the Water Pollution
Control System Operators Certification Commission (WPCSOCC), of the appropriate type and grade for the
system, and, for each classification must [T15A NCAC 08G .0201]:
a. designate one Operator In Responsible Charge (ORC) who possesses a valid certificate of the type and grade at
least equivalent to the type and grade of the system;
b. designate one or more Back-up Operator(s) in Responsible Charge (Back-up ORCs) who possesses a valid
certificate of the type of the system and no more than one grade less than the grade of the system, with the
exception of no backup operator in responsible charge is required for systems whose minimum visitation
requirements are twice per year; and
c. submit a signed completed "Water Pollution Control System Operator Designation Form" to the Commission
(or to the local health department for owners of subsurface systems) countersigned by the designated certified
operators, designating the Operator in Responsible Charge (ORC) and the Back-up Operator in Responsible
Charge (Back-up ORC):
(1) 60 calendar days prior to wastewater or residuals being introduced into a new system; or
(2) within 120 calendar days following:
➢ receiving notification of a change in the classification of the system requiring the designation of a new
Operator in Responsible Charge (ORC) and Back-up Operator in Responsible Charge (Back-up ORC)
of the proper type and grade; or
➢ a vacancy in the position of Operator in Responsible Charge (ORC) or Back-up Operator in
Responsible Charge (Back-up ORC).
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(3) within seven calendar days of vacancies in both ORC and Back-up ORC positions replacing or designating
at least one of the responsibilities.
The ORC of each Class I facility (or the Back-up ORC, when acting as surrogate for the ORC) must:
➢ Visit the facility as often as is necessary to insure proper operation of the treatment system; the treatment
facility must be visited at least weekly
➢ Comply with all other conditions of 15A NCAC 08G .0204.
The ORC of each Class 11, III and IV facility (or the Back-up ORC, when acting as surrogate for the ORC) must:
➢ Visit the facility as often as is necessary to insure proper operation of the treatment system; the treatment
facility must be visited at least five days per week, excluding holidays
➢ Properly manage and document daily operation and maintenance of the facility
➢ Comply with all other conditions of 15A NCAC 08G .0204.
2. Proper Operation and Maintenance
The Permittee shall at all times properly operate and maintain all facilities and systems of treatment and control
(and related appurtenances) which are installed or used by the Permittee to achieve compliance with the conditions
of this permit. Proper operation and maintenance also includes adequate laboratory controls and appropriate quality
assurance procedures. This provision requires the Permittee to install and operate backup or auxiliary facilities only
when necessary to achieve compliance with the conditions of the permit [40 CFR 122.41(e)].
NOTE: Properly and officially designated operators are fully responsible for all proper operation and maintenance
of the facility, and all documentation required thereof, whether acting as a contract operator [subcontractor] or a
member of the Permittee's staff.
3. Need to Halt or Reduce not a Defense
It shall not be a defense for a Permittee in an enforcement action that it would have been necessary to halt or
reduce the permitted activity in order to maintain compliance with the condition of this permit [40 CFR 122.41(c)].
4. Bypassing of Treatment Facilities
a. Bypass not exceeding limitations [40 CFR 122.41(m)(2)]
The Permittee may allow any bypass to occur which does not cause effluent limitations to be exceeded, but
only if it also is for essential maintenance to assure efficient operation. These bypasses are not subject to the
provisions of Paragraphs b. and c. of this section.
b. Notice [40 CFR 122.41(m)(3)]
(1) Anticipated bypass. If the Permittee knows in advance of the need for a bypass, it shall submit prior notice,
if possible at least ten days before the date of the bypass; including an evaluation of the anticipated quality
and effect of the bypass.
(2) Unanticipated bypass. The Permittee shall submit notice of an unanticipated bypass as required in Part
II.E.6. (24-hour notice).
c. Prohibition of Bypass
(1) Bypass from the treatment facility is prohibited and the Permit Issuing Authority may take enforcement
action against a Permittee for bypass, unless:
(A) Bypass was unavoidable to prevent loss of life, personal injury or severe property damage;
(B) There were no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities,
retention of untreated wastes or maintenance during normal periods of equipment downtime. This
condition is not satisfied if adequate backup equipment should have been installed in the exercise of
reasonable engineering judgment to prevent a bypass which occurred during normal periods of
equipment downtime or preventive maintenance; and
(C) The Permittee submitted notices as required under Paragraph b. of this section.
(2) Bypass from the collection system is prohibited and the Permit Issuing Authority may take enforcement
action against a Permittee for a bypass as provided in any current or future system -wide collection system
permit associated with the treatment facility.
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(3) The Permit Issuing Authority may approve an anticipated bypass, after considering its adverse effects, if
the Permit Issuing Authority determines that it will meet the three conditions listed above in Paragraph c.
(1) of this section.
Upsets
a. Effect of an upset [40 CFR 122.41(n)(2)]: An upset constitutes an affirmative defense to an action brought for
noncompliance with such technology based permit effluent limitations if the requirements of paragraph b. of
this condition are met. No determination made during administrative review of claims that noncompliance was
caused by upset, and before an action for noncompliance, is final administrative action subject to judicial
review.
b. Conditions necessary for a demonstration of upset: Any Permittee who wishes to establish the affirmative
defense of upset shall demonstrate, through properly signed, contemporaneous operating logs, or other relevant
evidence that:
(1) An upset occurred and that the Permittee can identify the cause(s) of the upset;
(2) The Permittee facility was at the time being properly operated; and
(3) The Permittee submitted notice of the upset as required in Part II.E.6.(b) of this permit.
(4) The Permittee complied with any remedial measures required under Part II.13.2. of this permit.
c. Burden of proof [40 CFR 122.41(n)(4)]: The Permittee seeking to establish the occurrence of an upset has
the burden of proof in any enforcement proceeding.
Removed Substances
Solids, sludges, filter backwash, or other pollutants removed in the course of treatment or control of wastewaters
shall be utilized/disposed of in accordance with NCGS 143-215.1 and in a manner such as to prevent any pollutant
from such materials from entering waters of the State or navigable waters of the United States except as permitted
by the Commission. The Permittee shall comply with all applicable state and Federal regulations governing the
disposal of sewage sludge, including 40 CFR 503, Standards for the Use and Disposal of Sewage Sludge; 40 CFR
Part 258, Criteria For Municipal Solid Waste Landfills; and 15A NCAC Subchapter 2T, Waste Not Discharged To
Surface Waters. The Permittee shall notify the Permit Issuing Authority of any significant change in its sludge use
or disposal practices.
7. Power Failures
The Permittee is responsible for maintaining adequate safeguards (as required by 15A NCAC 02H .0124) to
prevent the discharge of untreated or inadequately treated wastes during electrical power failures either by means
of alternate power sources, standby generators or retention of inadequately treated effluent.
Section D. Monitoring and Records
Representative Sampling
Samples collected and measurements taken, as required herein, shall be representative of the permitted discharge.
Samples collected at a frequency less than daily shall be taken on a day and time that is representative of the
discharge for the period the sample represents. All samples shall be taken at the monitoring points specified in this
permit and, unless otherwise specified, before the effluent joins or is diluted by any other wastestream, body of
water, or substance. Monitoring points shall not be changed without notification to and the approval of the Permit
Issuing Authority [40 CFR 122.410)].
2. Reporting
Monitoring results obtained during the previous month(s) shall be summarized for each month and reported on a
monthly Discharge Monitoring Report (DMR) Form (MR 1, 1. 1, 2, 3) or alternative forms approved by the
Director, postmarked no later than the last calendar day of the month following the completed reporting period.
The first DMR is due on the last day of the month following the issuance of the permit or in the case of a new
facility, on the last day of the month following the commencement of discharge. Duplicate signed copies of these,
and all other reports required herein, shall be submitted to the following address:
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NC DENR / Division of Water Resources / Water Quality Permitting Section
ATTENTION: Central Files
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
Flow Measurements
Appropriate flow measurement devices and methods consistent with accepted scientific practices shall be selected
and used to ensure the accuracy and reliability of measurements of the volume of monitored discharges. The
devices shall be installed, calibrated and maintained to ensure that the accuracy of the measurements is consistent
with the accepted capability of that type of device. Devices selected shall be capable of measuring flows with a
maximum deviation of less than 10% from the true discharge rates throughout the range of expected discharge
volumes. Flow measurement devices shall be accurately calibrated at a minimum of once per year and maintained
to ensure that the accuracy of the measurements is consistent with the accepted capability of that type of device.
The Director shall approve the flow measurement device and monitoring location prior to installation.
Once -through condenser cooling water flow monitored by pump logs, or pump hour meters as specified in Part I of
this permit and based on the manufacturer's pump curves shall not be subject to this requirement.
4. Test Procedures
Laboratories used for sample analysis must be certified by the Division. Permittees should contact the Division's
Laboratory Certification Section (919 733-3908 or http://portal.ncdenr.org/web/wq/lab/cert) for information
regarding laboratory certifications.
Facilities whose personnel are conducting testing of field -certified parameters only must hold the appropriate field
parameter laboratory certifications.
Test procedures for the analysis of pollutants shall conform to the EMC regulations (published pursuant to NCGS
143-215.63 et. seq.), the Water and Air Quality Reporting Acts, and to regulations published pursuant to Section
304(g), 33 USC 1314, of the CWA (as amended), and 40 CFR 136; or in the case of sludge use or disposal,
approved under 40 CFR 136, unless otherwise specified in 40 CFR 503, unless other test procedures have been
specified in this permit [40 CFR 122.41].
To meet the intent of the monitoring required by this permit, all test procedures must produce minimum detection
and reporting levels that are below the permit discharge requirements and all data generated must be reported down
to the minimum detection or lower reporting level of the procedure. If no approved methods are determined
capable of achieving minimum detection and reporting levels below permit discharge requirements, then the most
sensitive (method with the lowest possible detection and reporting level) approved method must be used.
Penalties for Tampering
The CWA provides that any person who falsifies, tampers with, or knowingly renders inaccurate, any monitoring
device or method required to be maintained under this permit shall, upon conviction, be punished by a fine of not
more than $10,000 per violation, or by imprisonment for not more than two years per violation, or by both. If a
conviction of a person is for a violation committed after a first conviction of such person under this paragraph,
punishment is a fine of not more than $20,000 per day of violation, or by imprisonment of not more than 4 years,
or both [40 CFR 122.41].
6. Records Retention
Except for records of monitoring information required by this permit related to the Pennittee's sewage sludge use
and disposal activities, which shall be retained for a period of at least five years (or longer as required by 40 CFR
503), the Permittee shall retain records of all monitoring information, including:
➢ all calibration and maintenance records
➢ all original strip chart recordings for continuous monitoring instrumentation
➢ copies of all reports required by this permit
➢ copies of all data used to complete the application for this permit
These records or copies shall be maintained for a period of at least 3 years from the date of the sample,
measurement, report or application. This period may be extended by request of the Director at any time [40 CFR
122.41].
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Recording Results
For each measurement or sample taken pursuant to the requirements of this permit, the Permittee shall
following information [40 CFR 122.41]:
a. The date, exact place, and time of sampling or measurements;
b. The individual(s) who performed the sampling or measurements;
c. The date(s) analyses were performed;
d. The individual(s) who performed the analyses;
e. The analytical techniques or methods used; and
f. The results of such analyses.
8. Inspection and Entry
The Permittee shall allow the Director, or an authorized representative (including an authorized contractor acting as
a representative of the Director), upon the presentation of credentials and other documents as may be required by
law, to;
a. Enter, at reasonable times, upon the Permittee's premises where a regulated facility or activity is located or
conducted, or where records must be kept under the conditions of this permit;
b. Have access to and copy, at reasonable times, any records that must be kept under the conditions of this permit;
c. Inspect at reasonable times any facilities, equipment (including monitoring and control equipment), practices,
or operations regulated or required under this permit; and
d. Sample or monitor at reasonable times, for the purposes of assuring permit compliance or as otherwise
authorized by the CWA, any substances or parameters at any location [40 CFR 122.41(i)].
Section E Reporting Requirements
1. Change in Discharge
All discharges authorized herein shall be consistent with the terms and conditions of this permit. The discharge of
any pollutant identified in this permit more frequently than or at a level in excess of that authorized shall constitute
a violation of the permit.
2. Planned Changes
The Permittee shall give notice to the Director as soon as possible of any planned physical alterations or additions
to the permitted facility [40 CFR 122.41(1)]. Notice is required only when:
a. The alteration or addition to a permitted facility may meet one of the criteria for new sources at 40 CFR
122.29(b); or
b. The alteration or addition could significantly change the nature or increase the quantity of pollutants
discharged. This notification applies to pollutants subject neither to effluent limitations in the permit, nor to
notification requirements under 40 CFR 122.42(a)(1); or
c. The alteration or addition results in a significant change in the Permittee's sludge use or disposal practices, and
such alteration, addition or change may justify the application of permit conditions that are different from or
absent in the existing permit, including notification of additional use or disposal sites not reported during the
permit application process or not reported pursuant to an approved land application plan.
3. Anticipated Noncompliance
The Permittee shall give advance notice to the Director of any planned changes to the permitted facility or other
activities that might result in noncompliance with the permit [40 CFR 122.41(1)(2)].
4. Transfers
This permit is not transferable to any person without prior written notice to and approval from the Director in
accordance with 40 CFR 122.61. The Director may condition approval in accordance with NCGS 143-215.1, in
particular NCGS 143-215. 1 (b)(4)b.2., and may require modification or revocation and reissuance of the permit, or
a minor modification, to identify the new permittee and incorporate such other requirements as may be necessary
under the CWA [40 CFR 122.41(1)(3), 122.61] or state statute.
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rig Reports
rig results shall be reported at the intervals specified elsewhere in this permit [40 CFR 122.41(1)(4)].
a. Monitoring results must be reported on a Discharge Monitoring Report (DMR) (See Part II.D.2) or forms
provided by the Director for reporting results of monitoring of sludge use or disposal practices.
b. If the Permittee monitors any pollutant more frequently than required by this permit using test procedures
approved under 40 CFR Part 136 and at a sampling location specified in this permit or other appropriate
instrument governing the discharge, the results of such monitoring shall be included in the calculation and
reporting of the data submitted on the DMR.
6. Twenty-four Hour Reporting
a. The Permittee shall report to the Director or the appropriate Regional Office any noncompliance that
potentially threatens public health or the environment. Any information shall be provided orally within 24
hours from the time the Permittee became aware of the circumstances. A written submission shall also be
provided within 5 days of the time the Permittee becomes aware of the circumstances. The written submission
shall contain a description of the noncompliance, and its cause; the period of noncompliance, including exact
dates and times, and if the noncompliance has not been corrected, the anticipated time it is expected to
continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance [40
CFR 122.41(1)(6)].
b. The Director may waive the written report on a case -by -case basis for reports under this section if the oral
report has been received within 24 hours.
c. Occurrences outside normal business hours may also be reported to the Division's Emergency Response
personnel at [phone], [phone] or [phone].
7. Other Noncompliance
The Permittee shall report all instances of noncompliance not reported under Part II.E.5 and 6. of this permit at the
time monitoring,reports are submitted. The reports shall contain the information listed in Part II.E.6. of this permit
[40 CFR 122.41(1)(7)].
8. Other Information
Where the Permittee becomes aware that it failed to submit any relevant facts in a permit application, or submitted
incorrect information in a permit application or in any report to the Director, it shall promptly submit such facts or
information [40 CFR 122.41(1)(8)].
9. Noncompliance Notification
The Permittee shall report by telephone to either the central office or the appropriate regional office of the Division
as soon as possible, but in no case more than 24 hours or on the next working day following the occurrence or first
knowledge of the occurrence of any of the following:
a. Any occurrence at the water pollution control facility which results in the discharge of significant amounts of
wastes which are abnormal in quantity or characteristic, such as the dumping of the contents of a sludge
digester; the known passage of a slug of hazardous substance through the facility; or any other unusual
circumstances.
b. Any process unit failure, due to known or unknown reasons, that render the facility incapable of adequate
wastewater treatment such as mechanical or electrical failures of pumps, aerators, compressors, etc.
c. Any failure of a pumping station, sewer line, or treatment facility resulting in a by-pass without treatment of all
or any portion of the influent to such station or facility.
Persons reporting such occurrences by telephone shall also file a written report within 5 days following first
knowledge of the occurrence. Also see reporting requirements for municipalities in Part IV.C.2.c. of this permit.
10. Availability of Reports
Except for data determined to be confidential under NCGS 143-215.3 (a)(2) or Section 308 of the Federal Act, 33
USC 1318, all reports prepared in accordance with the terms shall be available for public inspection at the offices
of the Division. As required by the Act, effluent data shall not be considered confidential. Knowingly making any
false statement on any such report may result in the imposition of criminal penalties as provided for in NCGS 143-
215. 1 (b)(2) or in Section 309 of the Federal Act.
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11. Penalties for Falsification of Reports
The CWA provides that any person who knowingly makes any false statement, representation, or certi
any record or other document submitted or required to be maintained under this permit, including mon
reports or reports of compliance or noncompliance shall, upon conviction, be punished by a fine of not more than
$25,000 per violation, or by imprisonment for not more than two years per violation, or by both [40 CFR 122.41].
12. Annual Performance Reports
Permittees who own or operate facilities that primarily collect or treat municipal or domestic wastewater and have
an average annual flow greater than 200,000 gallons per day shall provide an annual report to the Permit Issuing
Authority and to the users/customers served by the Permittee (NCGS 143-215.1C). The report shall summarize the
performance of the collection or treatment system, as well as the extent to which the facility was compliant with
applicable Federal or State laws, regulations and rules pertaining to water quality. The report shall be provided no
later than sixty days after the end of the calendar or fiscal year, depending upon which annual period is used for
evaluation.
The report shall be sent to:
NC DENR / Division of Water Resources / Water Quality Permitting Section
ATTENTION: Central Files
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
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PART III
OTHER REQUIREMENTS
Section A. Construction
NPDES Permit Standard Conditions
Page 13 of 18
a. The Permittee shall not commence construction of wastewater treatment facilities, nor add to the plant's treatment
capacity, nor change the treatment process(es) utilized at the treatment plant unless (1) the Division has issued an
Authorization to Construct (AtC) permit or (2) the Permittee is exempted from such AtC permit requirements
under Item b. of this Section.
In accordance with NCGS 143-215.1(a5) [SL 2011-394], no permit shall be required to enter into a contract for the
construction, installation, or alteration of any treatment work or disposal system or to construct, install, or alter any
treatment works or disposal system within the State when the system's or work's principle function is to conduct,
treat, equalize, neutralize, stabilize, recycle, or dispose of industrial waste or sewage from an industrial facility and
the discharge of the industrial waste or sewage is authorized under a permit issued for the discharge of the
industrial waste or sewage into the waters of the State. Notwithstanding the above, the permit issued for the
discharge may be modified if required by federal regulation.
c. Issuance of an AtC will not occur until Final Plans and Specifications for the proposed construction have been
submitted by the Permittee and approved by the Division.
Section B. Groundwater Monitoring
The Permittee shall, upon written notice from the Director, conduct groundwater monitoring as may be required to
determine the compliance of this NPDES permitted facility with the current groundwater standards.
Section C. Chanj4es in Discharges of Toxic Substances
The Permittee shall notify the Permit Issuing Authority as soon as it knows or has reason to believe (40 CFR 122.42):
a. That any activity has occurred or will occur which would result in the discharge, on a routine or frequent basis, of
any toxic pollutant which is not limited in the permit, if that discharge will exceed the highest of the following
"notification levels";
(1) One hundred micrograms per liter (100 µg/L);
(2) Two hundred micrograms per liter (200 µg/L) for acrolein and acrylonitrile; five hundred micrograms per liter
(500 µg/L) for 2,4-dinitrophenol and for 2-methyl-4,6-dinitrophenol; and one milligram per liter (1 mg/L) for
antimony;
(3) Five times the maximum concentration value reported for that pollutant in the permit application.
That any activity has occurred or will occur which would result in any discharge, on a non -routine or infrequent
basis, of a toxic pollutant which is not limited in the permit, if that discharge will exceed the highest of the
following "notification levels";
(1) Five hundred micrograms per liter (500 µg/L);
(2) One milligram per liter (1 mg/L) for antimony;
(3) Ten times the maximum concentration value reported for that pollutant in the permit application.
Section D. Facility Closure Requirements
The Permittee must notify the Division at least 90 days prior to the closure of any wastewater treatment system covered
by this permit. The Division may require specific measures during deactivation of the system to prevent adverse
impacts to waters of the State. This permit cannot be rescinded while any activities requiring this permit continue at the
permitted facility.
Version 1110912011.1

NPDES Permit Standai
PART IV
SPECIAL CONDITIONS FOR MUNICIPAL FACILITIES
Section A. Definitions
In addition to the definitions in Part II of this permit, the following definitions apply to municipal facilities:
Indirect Discharge or Industrial User
Any non -domestic source that discharges wastewater containing pollutants into a POTW regulated under section
307(b), (c) or (d) of the CWA. [40 CFR 403.3 (i) and 0) and 15A NCAC 02H .0903(b)(11)]
Interference
Inhibition or disruption of the POTW treatment processes; operations; or its sludge process, use, or disposal which
causes or contributes to a violation of any requirement of the Permittee's (or any satellite POTW's if different from the
Permittee) NPDES, collection system, or non -discharge permit or prevents sewage sludge use or disposal in
compliance with specified applicable State and Federal statutes, regulations, or permits. [15A NCAC 02H
.0903(b)(14)]
Pass Through
A discharge which exits the POTW into waters of the State in quantities or concentrations which, alone or with
discharges from other sources, causes a violation, including an increase in the magnitude or duration of a violation, of
the Permittee's (or any satellite POTW's, if different from the Permittee) NPDES, collection system, or non -discharge
permit. [15A NCAC 02H .0903(b)(23)]
Publicly Owned Treatment Works (POTW)
A treatment works as defined by Section 212 of the CWA, which is owned by a State or local government organization.
This definition includes any devices and systems used in the storage, treatment, recycling and reclamation of municipal
sewage or industrial wastes of a liquid nature. It also includes the collection system, as defined in 15A NCAC 2T
.0402, only if it conveys wastewater to a POTW treatment plant. The term also means the local government
organization, or municipality, as defined in section 502(4) of the CWA, which has jurisdiction over indirect discharges
to and the discharges from such a treatment works. In this context, the organization may be the owner of the POTW
treatment plant or the owner of the collection system into which an indirect discharger discharges. This second type of
POTW may be referred to as a "satellite POTW organization." [15A NCAC 02H .0903(b)(26)]
"Significant Industrial User" or "SIU"
An Industrial User that discharges wastewater into a publicly owned treatment works and that [15A NCAC 02H
.0903(b)(33)]:
1. Discharges an average of 25,000 gallons per day or more of process wastewater to the POTW (excluding sanitary,
noncontact cooling and boiler blowdown wastewaters); or
2. Contributes process wastewater which makes up five percent or more of the NPDES or non -discharge permitted
flow limit or organic capacity of the POTW treatment plant. In this context, organic capacity refers to BOD, TSS
and ammonia; or
3. Is subject to categorical standards under 40 CFR Part 403.6 and 40 CFR Parts 405-471; or
4. Is designated as such by the Permittee on the basis that the Industrial User has a reasonable potential for adversely
affecting the POTW's operation or for violating any pretreatment standard or requirement, or the POTW's effluent
limitations and conditions in its NPDES or non -discharge permit, or to limit the POTW's sludge disposal options;
5. Subject to approval under 15A NCAC 02H .0907(b), the Permittee may determine that an Industrial User meeting
the criteria in paragraphs 1 or 2 of this definition above has no reasonable potential for adversely affecting the
POTW's operation or for violating any pretreatment standard or requirement, the POTW's effluent limitations and
conditions in its NPDES or non -discharge permit, or to limit the POTW's sludge disposal options, and thus is not a
Significant Industrial User (SIU); or
6. Subject to approval under 15A NCAC 02H .0907(b), the Permittee may determine that an Industrial User meeting
the criteria in paragraph 3 of this definition above meets the requirements of 40 CFR Part 403.3(v)(2) and thus is a
non -significant categorical Industrial User.
Section B. Publicly Owned Treatment Works (POTWs)
Version 1110912011.1

NPDES Permit Standard Conditions
Page 15 of 18
lust provide adequate notice to the Director of the following [40 CFR 122.42(b)]:
introduction of pollutants into the POTW from an indirect discharger, regardless of the means of
LiainpuiL, which would be subject to section 301 or 306 of CWA if it were directly discharging those pollutants;
and
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.
For purposes of this paragraph, adequate notice shall include information on (1) the quality and quantity of effluent
introduced into the POTW, and (2) any anticipated impact that may result from the change of the quantity or
quality of effluent to be discharged from the POTW.
Section C. Municipal Control of Pollutants from Industrial Users.
1. Effluent limitations are listed in Part I of this pen -nit. Other pollutants attributable to inputs from Industrial Users
discharging to the POTW may be present in the Permittee's discharge. At such time as sufficient information
becomes available to establish limitations for such pollutants, this pen -nit may be revised to specify effluent
limitations for any or all of such other pollutants in accordance with best practicable technology or water quality
standards.
2. Prohibited Discharges
a. The Permittee shall develop and enforce their Pretreatment Program to implement the prohibition against the
introduction of pollutants or discharges into the waste treatment system or waste collection system which
cause or contribute to Pass Through or Interference as defined in 15A NCAC 02H .0900 and 40 CFR 403. [40
CFR 403.5(a)(1)]
b. The Permittee shall develop and enforce their Pretreatment Program to implement the prohibitions against the
introduction of the following wastes in the waste treatment or waste collection system [40 CFR 403.5(b)]:
(1) Pollutants which create a fire or explosion hazard in the POTW, including, but not limited to,
wastestreams with a closed cup flashpoint of less than 140 degrees Fahrenheit or 60 degrees Centigrade
using the test methods specified in 40 CFR 261.21;
(2) Pollutants which cause corrosive structural damage to the POTW, but in no case discharges with pH lower
than 5.0, unless the works is specifically designed to accommodate such discharges;
(3) Solid or viscous pollutants in amounts which cause obstruction to the flow in the POTW resulting in
Interference;
(4) Any pollutant, including oxygen demanding pollutants (BOD, etc.) released in a Discharge at a flow rate
and/or pollutant concentration which will cause Interference with the POTW;
(5) Heat in amounts which will inhibit biological activity in the POTW resulting in Interference, but in no
case heat in such quantities that the temperature at the POTW Treatment Plant exceeds 40°C (104°F)
unless the Division, upon request of the POTW, approves alternate temperature limits;
(6) Petroleum oil, non -biodegradable cutting oil, or products of mineral oil origin in amounts that will cause
Interference or Pass Through;
(7) Pollutants which result in the presence of toxic gases, vapors, or fumes within the POTW in a quantity that
may cause acute worker health and safety problems; or
(8) Any trucked or hauled pollutants, except at discharge points designated by the POTW.
c. The Permittee shall investigate the source of all discharges into the POTW, including slug loads and other
unusual discharges, which have the potential to adversely impact the Permittee's Pretreatment Program and/or
the operation of the POTW.
The Permittee shall report such discharges into the POTW to the Director or the appropriate Regional Office.
Any information shall be provided orally within 24 hours from the time the Permittee became aware of the
circumstances. A written submission shall also be provided within 5 days of the time the Permittee becomes
aware of the circumstances. The written submission shall contain a description of the discharge; the
investigation into possible sources; the period of the discharge, including exact dates and times; if the
discharge has not ceased, the anticipated time it is expected to continue; and steps taken or planned to reduce,
eliminate, and prevent reoccurrence of the noncompliance,
Version 1110912011.1

NPDES Permit Standard (1
Page
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 may be necessary regarding
some or all of the industries discharging to the municipal system.
4. The Permittee shall require any Industrial User (IU) discharging to the POTW to meet Federal Pretreatment
Standards developed under Section 307(b) of the Act as amended (which includes categorical standards and
specific local limits, best management practices and narrative requirements). Prior to accepting wastewater from
any Significant Industrial User (SIU), the Permittee shall either develop and submit to the Division a new
Pretreatment Program or, as necessary, a modification of an existing Pretreatment Program, for approval as
required under section D below as well as 15A NCAC 02H .0907(a) and (b). [40 CFR 122.440)(2)]
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 ProjZrams
Under authority of sections 307 (b) and (c) and 402(b)(8) of the CWA and implementing regulations 40 CFR 403,
North Carolina General Statute 143-215.3(14) and implementing regulations 15A NCAC 02H .0900, and in accordance
with the approved pretreatment program, all provisions and regulations contained and referenced in the pretreatment
program submittal are an enforceable part of this permit. [40 CFR 122.440)(2)]
The Permittee shall operate its approved pretreatment program in accordance with Section 402(b)(8) of the CWA, 40
CFR 403, 15A NCAC 02H .0900, and the legal authorities, policies, procedures, and financial provisions contained in
its pretreatment program submission and Division approved modifications thereof. Such operation shall include but is
not limited to the implementation of the following conditions and requirements. Terms not defined in Part II or Part 1V
of this permit are as defined in 15A NCAC 02H .0903 and 40 CFR 403.3.
1. Sewer Use Ordinance (SUO)
The Permittee shall maintain adequate legal authority to implement its approved pretreatment program. [15A
NCAC 02H .0903(b)(32), .0905 and .0906(b)(1); 40 CFR 403.8(f)(1) and 403.9(b)(1) and (2)]
2. Industrial Waste Survey (IWS)
The Permittee shall implement an IWS consisting of the survey of users of the POTW collection system or
treatment plant, as required by 40 CFR 403.8(f)(2)(i-iii) and 15A NCAC 02H .0905 [also 40 CFR 122.440)(1)],
including identification of all Industrial Users that may have an impact on the POTW and the character and amount
of pollutants contributed to the POTW by these Industrial Users and identification of those Industrial Users
meeting the definition of SIU. Where the Permittee accepts wastewater from one or more satellite POTWs, the
IWS for the Permittee shall address all satellite POTW services areas, unless the pretreatment program in those
satellite service areas is administered by a separate Permittee with an approved Pretreatment Program. The
Permittee shall submit a summary of its IWS activities to the Division at least once every five years, and as
required by the Division. The IWS submission shall include a summary of any investigations conducted under
paragraph C.2.c. of this Part. [15A NCAC 02H .0903(b)(13), .0905 and .0906(b)(2); 40 CFR 403.8(f)(2) and 403.9]
3. Monitoring Plan
The Permittee shall implement a Division -approved Monitoring Plan for the collection of facility specific data to
be used in a wastewater treatment plant Headworks Analysis (HWA) for the development of specific pretreatment
local limits. Effluent data from the Plan shall be reported on the DMRs (as required by Parts II.D and II.E.5.). [15A
NCAC 02H .0903(b)(16), .0906(b)(3) and .0905]
4. Headworks Analysis (HWA) and Local Limits
The Permittee shall obtain Division approval of a HWA at least once every five years, and as required by the
Division. Within 180 days of the effective date of this permit (or any subsequent permit modification) the
Permittee shall submit to the Division a written technical evaluation of the need to revise local limits (i.e., an
updated HWA or documentation of why one is not needed) [40 CFR 122.44]. The Permittee shall develop, in
accordance with 40 CFR 403.5(c) and 15A NCAC 02H .0909, specific Local Limits to implement the prohibitions
listed in 40 CFR 403.5(a) and (b) and 15A NCAC 02H .0909. Pursuant to 40 CFR 403.5, local limits are
Version 1110912011.1

NPDES Permit Standard Conditions
Page 17 of 18
ble Pretreatment Standards as defined by 40 CFR 403.3(1). [15A NCAC 02H .0903(b)(10), .0905, and
(4)]
lnuusrnal User Pretreatment Permits (IUPI &Allocation Tables
hi accordance with NCGS 143-215.1, the Permittee shall issue to all Significant Industrial Users, permits for
operation of pretreatment equipment and discharge to the Permittee's collection system or treatment works. These
permits shall contain limitations, sampling protocols, reporting requirements, appropriate standard and special.
conditions, and compliance schedules as necessary for the installation of treatment and control technologies to
assure that their wastewater discharge will meet all applicable pretreatment standards and requirements. The
Permittee shall maintain a current Allocation Table (AT) which summarizesthe results of the HWA and the limits
from all IUPs. Permitted IUP loadings for each parameter cannot exceed the treatment capacity of the POTW as
determined by the HWA. [15A NCAC 02H .0906(b)(6), .0909, ,0916, and ;0917; 40 CFR 403.5, 403.8(f)(1)(iii);
NCGS 143-215.67(a)]
Authorization to Construct (AtC)
The Permitte'e shall ensure that an Authorization to Construct permit (AtC) 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 (IU`P) limitations. [15A NCAC 02H .0906(b)(7) and .0905; NCGS 143-
215. 1 (a)(8)]
POTW lnspection & Monitoring of their IUs
The Permittee shall conduct inspection, surveillance, and monitoring activities as described in its Division
.approved pretreatment program in order to determine,. independent of information supplied by Industrial Users,
compliance with applicable pretreatment standards. [15A NCAC 02H _0908(e); 40 CFR 403.8(f)(2)(v)] The
Permittee must:
a. Inspect allSignificant Industrial Users (SIUs) at least once per calendar year;
b. Sample all Significant Industrial Users (SIUs) at least once per calendar year for all SIU permit -limited
parameters including flow except as allowed under .15A NCAC .0908(e); and
c. At least once per year, document an evaluation of any non -significant categorical Industrial User for
compliance with the requirements in 40 CFR 403.3(v)(2), and either- continue or revoke thel designation as non-
significant.
8. IU Self Monitoring and Reporting
The Permittee shall require all Industrial Users to comply with the applicable monitoring and reporting
requirements outlined in the. Division -approved pretreatment, program, the industry's pretreatment permit, or in 15A
NCAC 02H .0908. [15A NCAC 02H .0906(b)(5) and .0905; 40 CFR 403.8(f)(1)(v) and (2)(iii); 40 CFR
122.440)(2) and 40 CFR 403.12]
9. Enforcement Response Plan (ERP)
The Permittee shall enforce and obtain appropriate remedies for violations of all pretreatment standards
promulgated pursuant to section 307(b) and (c) of the CWA (40 CFR 405 et. seq.), prohibitive discharge standards
as set forth in 40 CFR 403.5 and 15A NCAC 02H .0909, specific local limitations, and other pretreatment
requirements. All remedies, enforcement actions and other, shall be consistent with the Enforcement Response
Plan (ERP) approved by the Division. [15A NCAC 02H .0903`(b)(7), .0906(b)(8) and .0905; 40 CFR 403.8(f)(5)]
10. Pretreatment Annual Reports (PAR)
The Permittee shall report to the Division in accordance with '15A NCAC 02H .0908. In lieu of submitting annual
reports, Modified Pretreatment Programs developed under 15A NCAC 02H .0904 (b) may be required to submit a
partial annual report or to meet with Division personnel periodically to discuss enforcement of pretreatment
requirements and other pretreatment implementation issues.
For all other active pretreatment programs, the Permittee shall submit two copies of a Pretreatment Annual Report
(PAR) describing its pretreatment activities over the previous calendar year to the Division at the following
address:
Version 1110912011.1

NPDES Permit Standar
NC DENR / Division of Water Resources f Water Quality Permitting Section
Pretreatment, Emergency Response, and Collection Systems (PERCS) Unit
1617 Mail Service Center
Raleigh; North Carolina 27699-1617
These reports shall be submitted by March 1 of each year and shall contain the following:
a. Narrative
A narrative. summary detailing actions taken, or proposed,, by the Permittee to correct significant non=
compliance and to ,ensure compliance with pretreatment: requirements;
b. Pretreatment. Program Summaa (PPS)
A pretreatment program. summary (PPS) on forms or in a format provided by the Division;
c. Significant. Non -Compliance Report (SNCR)
A list of Industrial Users (IUs) in significant noncompliance (SNC) with pretreatment requirements, and the
nature of the violations on forms or in a format provided by the Division;
d.. Industrial Data. Summary Forms (IDSF)
Monitoring data from samples collected by both the POTW and the Significant Industrial Users (SIUs). These
analytical results must be reported on Industrial Data Summary Forms (IDSF) or on other forms or in a format
provided by the Division;
e. Other Information
Copies of the POTW's allocation table, new or modified enforcement, compliance schedules, public notice of
IUs in SNC, a summary of data or other information related to significant noncompliance determinations for
IUs that are not considered SIUs, and any other information, upon request, which in the opinion of the Director
is needed to determine compliance with the pretreatment implementation requirements of this permit;,
11. Public Notice
The Permittee, shall publish annually a list of Industrial Users (IUs) that were. in significant noncompliance (SNC)
as defined in the Permittee's Division -approved Sewer Use Ordinance with applicable pretreatment requirements
and standards during the previous twelve month period. This list shall be, published within four months of the
applicable twelve-month period. [15A NCAC 02H .0903(b)(34), .0908(b)(5) and .0905 and 40 CFR
403.8(f)(2)(viii)]
12. Record Keoing
The Permittee shall retain for a minimum of three years records of monitoring activities and results, along with.
support information including general records, water quality records, and records of industrial impact on the
POTW and shall retain all other Pretreatment Program records as required by 15A NCAC 02H .0908(f). [15A
NCAC 0214.0908(f); 40 CFR 403.12(o)]
13. 'Pretreatment Program Resources
The Permittee shall maintain adequate funding and qualified personnel to accomplish the objectives of its approved
pretreatment program. and retain a written description of those current levels of inspection. [ l 5A NCAC 02H
.0906(b)(9) and (10) and .0905; 40 CFR 403.8(f)(3), 403.9(b)(3)]
14. Modification to Pretreatment Programs
Modifications to the approved pretreatment program including but not limited to local limits modifications,, POTW
monitoring of their Significant Industrial Users (SIUs), and Monitoring Plan modifications, shall be considered a
permit modification and shall be governed by 40 CFR 403.18, 15 NCAC 02H .0114 and 15A NCAC 02H _0907.
Vorsion 1110912011.1

r• ' 3
June 5, 2017
Bertha Burnette
41 Dix Creek Rd #1
Leicester, NC 28748
SUBJECT: Compliance Evaluation Inspection
Briarwood WWTP
Permit No: NCO029882
Buncombe County
Dear Ms. Bumette:
ROY COOPER
Governor
MICHAEL S. REGAN
Secrelary
S. JAY ZIMMERMAN
Director
On May 25, 2017, a Compliance Evaluation Inspection at the subject facility was conducted. Present during
the inspection were Mikal Wilmer with the Division of Water Resources and Juanita James with James and
James Environmental Management. There are items associated with the facility that need your attention.
We also met with David Burnette and briefly explained to him the work needed. The chlorine contact
chamber has structural issues, there is a tank structure that needs to be evaluated for use or closure, the lines
coming into the WWTP need to be delineated, solids need to be removed and the weir needs to be leveled.
Please refer to the enclosed inspection report for detailed observations and comments. If you have any
questions, please call me at 828-296-4500.
Sincerely,
Linda Wiggs
Environmental Senior Specialist
Asheville Reginal Office
Enc. Inspection Report
cc: Juanita James (e-copy)
David Burnette, (e-copy)
MSC 1617-Central Files -Basement
�heut�ll'e�Ti�xles,�,
G:\WR\WQ\Buncombe\Wastewater\Minors\Briarwood Subdivision 29882\5-25-2017 Inspect\CEI.5-25-2017.Ltr.docx
�NtC3fhfngTI11 IB' °i
State of North Carolina I Environmental Quality I Water Resources
2090 U.S. Highway 70 Swannanoa, NC 28778
828 296 4500

United States Environmental Protection Agency
Form Approved.
EPA Washington, D.C. 20460
OMB No. 2040-0057
Water Compliance Inspection Report
Approval expires8-31-98
Section A: National Data System Coding (i.e., PCs)
Transaction Code NPDES yr/mo/day Inspection Type . Inspector Fac Type
1 IN 2 u 3 I Nco0296e2. I11 12 17/05l25 17 18 I C 19 1 G 201
21I 1J 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 f6
Inspection
Work Days Facility Self -Monitoring Evaluation'Rating B1 QA -- Reserved--- —
67
70 71 I 72 N � 73174 75I I I ILI I
80
Section B: Facility Data
Name and Location of Facility Inspected (For Industrial Users discharging to POTW, also include
Entry Time/Date
Permit Effective Date
POTW name and NPDES permit Number)
09:00AM 17/05l25
15/11/01
Briarwood WWTP
Exit Time/Date
Permit Expiration Date
41 Dix Creek Rd
Leicester NC 28748
11:00AM 17/05/25
20/10/31
Name(s) of Onsite Representative(s)/Tities(s)/Phone and Fax Number(s)•
Other Facility Data
Name, Address of Responsible Official/Title/Phone and Fax Number
Contacted
Bertha S Burnette,41 Dix Creek Rd #1 Leicester NC
28748//828-683-3791/8286833967 Yes
Section C: Areas Evaluated During Inspection (Check only those areas evaluated)
Permit Operations & Maintenance 0 Records/Reports Self -Monitoring Program
Facility Site Review Effluent/Receiving Waters
Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary)
(See attachment summary)
Name(s) and Signature(s) of Inspector(s) Agency/Office/Phone and Fax Numbers Date
Linda S Wiggs'�ARO WQ#828-296-4500 ExL4653/
Mikal Willmar ARO WQ#828-296-4686/
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#

NPDES
yr/mo/day
31 NCO029882 I11 12 - 17/05/25 17
Inspection Type
18 I,.l
(Cont.)
Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary)
The inspectors, Linda Wiggs and Mikal Wilmer, met with Juanita James (James & James
Environmental).
Solids in the plant were discussed, as well as plant repairs needed:
The aeration basin air was off for 30 minutes; very little (-4-6") supernatant was observed. Sludge
judge observation in the clarifier revealed a blanket at—4.5-5', depth at 8".
The clarifier also had a notable amount of scum and debris. Ms. James explained there was no baffle
to assist with keeping larger solids/debris from entering the clarifier. The weirs are not level; water was
being released from one corner of the weir.
There was a moderate blanket level in the chlorine contact chamber. The chlorine contact chamber
also appeared to be leaking, it's structural integrity is compromised.
Ms. James stated solids were removed from the WWTP — every other month. Onsite documentation
(log book) indicated the last solids removal was January 2017 by Mikes Septic.
The WWTP does not have a bar screen, nor does it have a digester. Ms. James believed prior to her
operation of the WWTP there was a digester but it never worked properly so it was taken off line.
Outside of the fence on the influent side, is a manhole cover and what appears to be a cleanout. The
manhole cover was removed and it appeared to be an access for a tank structure which may have
been the digester. The structure had water in it at —8' deep with solids at —6". It is unclear what this
structure is and what plumbing is tied into it.
The most recent renewal application (March 2015) for the facility lists the treatment system as having a
manual bar screen and an aerobic digester. A complete evaluation of the structure outside the fence
needs to take place and determine if.it is in use (i.e. where is the water coming from), if it can be
used/repurposed or if it needs to be it
closed out. We discussed considering the structure for
use as an influent septic tank since there is no bar screen and to assist with solids management.
Mr. Burnette met with us briefly. His profession includes sewer utilities work. We explained to him his
WWTP needs work; the chlorine contact chamber needs to be replaced, the unknown tank structure
needs to be evaluated for use or closure, the lines coming into the WWTP need to be delineated,
solids need to be removed and the weir needs to be leveled.
We discussed what permitting needs to take place for repairs/modifications to the WWTP. An
Authorization to Construct (A to C), with Engineered (PE) plans, is to be submitted to the Division of
Water Resources; please contact Ron Berry in the Central Office (919-807-6396) for guidance on this
submittal.
Page#

Permit: NCO029882 Owner - Facility: Briarwood WWTP
Inspection Date: 05/25/2017 Inspection Type: .compliance Evaluation
Operations & Maintenance Yes No NA NE
Is the plant generally clean with acceptable housekeeping? ■ ❑ ❑ ❑
Does the facility analyze process control parameters, for ex: MLSS, MCRT, Settleable ❑ M ❑ ❑
Solids, pH, DO, Sludge Judge, and other that are applicable?
Comment: The inspectors took measurements, see summary.
. A scan of the loqbook 2017 entries_ indicated the ORC noted very heavv/hiah solids in
January. April and May: February and March was not reviewed by inspectors.
Permit Yes No NA NE
(If the present permit expires in 6 months or less). Has the permittee submitted a new ❑ ❑ M ❑
application?
Is the facility as described in the permit?
❑
E
❑
❑
# Are there any special conditions for the permit?
❑
❑
0
❑
Is access to the plant site restricted to the general public?
M
❑
❑
❑
Is the inspector granted access to all areas for inspection?
0
❑
❑
❑
Comment: The most recent renewal application describes the treatment system as havina a bar
screen and a digester.
There is no bar screen.
There is no digester, however there is a structure outside the fence that may have been
used as a digester.
Record Keeping Yes No NA NE
Are records kept and maintained as required by the permit? ❑ ❑ ❑ M
Is all required information readily available, complete and current? ❑ ❑ ❑
Are all records maintained for 3 years (lab. reg. required 5 years)? ❑ ❑ ❑
Are analytical results consistent with data reported on DMRs? ❑ ❑ ❑
Is the chain -of -custody complete? ❑ ❑ ❑
Dates, times and location of sampling ❑
Name of individual performing the sampling ❑
Results of analysis and calibration ❑
Dates of analysis ❑
Name of person performing analyses ❑
Transported COCs ❑
Are DMRs complete: do they include all permit parameters? 0 ❑ ❑ ❑
Has the facility submitted its annual compliance report to users and DWQ? ❑ ❑ 0 ❑
(If the facility is = or > 5 MGD permitted flow) Do they operate 24/7 with a certified operator ❑ ❑ 0 ❑
on each shift?
Page# 3

11
Permit: NCO029882 Owner -Facility: BriarwoodWWTP
Inspection Date: 05/25/2017 Inspection Type: Compliance Evaluation
Record Keeping
Yes No NA NE
Is the ORC visitation log available and current?
❑
❑
❑
Is the ORC certified at grade equal to or higher than the facility classification?
®
❑
❑
❑
Is the backup operator certified at one grade less or greater than the facility classification?
E
❑
❑
❑
Is a copy of the current NPDES permit available on site?
0
❑
❑
❑
Facility has copy of previous year's Annual Report on file for review?
❑
❑
0
❑
Comment:
Bar Screens
Type of bar screen
a.Manual
b.Mechanical
Are the bars adequately screening debris?
Is the screen free of excessive debris?
Is disposal of screening in compliance?
Is the unit in good condition?
Comment: There is no bar screen.
Aeration Basins
Mode of operation
Type of aeration system
Is the basin free of dead spots?
Are surface aerators and mixers operational?
Are the diffusers operational?
Is the foam the proper color for the treatment process?
Does the foam cover less than 25% of the basin's surface?
Is the DO level acceptable?
Is the DO level acceptable?(1.0 to 3.0 mg/1)
Comment: See summary.
Secondary Clarifier
Is the clarifier free of black and odorous wastewater?
Is the site free of excessive buildup of solids in center well of circular clarifier?
Are weirs level?
Yes No NA NE
El
❑ ❑ ■ ❑
❑- ❑ ■ ❑
❑ ❑ N ❑
❑ ❑ ■ ❑
Yes No NA NE
Ext. Air
Diffused
■ ❑ ❑ ❑
❑ ❑ N ❑
❑ ❑ ❑
■ ❑ ❑ ❑
■ ❑ ❑ ❑
❑ ❑ ❑ ■
❑ ❑ ❑
Yes No NA NE
■ ❑ ❑ ❑
❑. ❑ E ❑
❑ ■ ❑ ❑
Page# 4

Permit: NC0029882 Owner - Facility:
Briarwood W VTP
Inspection Date: 05/25/2017 Inspection Type:
Compliance Evaluation
Secondary Clarifier
Yes No NA NE
Is the site free of weir blockage?
!
❑
❑
❑
Is the site free of evidence of short-circuiting?
IN
❑
❑
❑
Is scum removal adequate?
❑
❑
❑
Is the site free of excessive floating sludge?
❑
❑
❑
Is the drive unit operational?
❑
❑
M
❑
Is the return rate acceptable (low turbulence)?
❑
❑
❑
Is the overflow clear of excessive solids/pin floc?
0
❑
❑
❑
Is the sludge blanket level acceptable? (Approximately %< of the sidewall depth)
❑
■
❑
❑
Comment: The weirs are not level, the blanket was high.
See summarv.
Disinfection -Tablet
Yes No NA NE
Are tablet chlorinators operational?
0
❑
❑
❑ .
Are the tablets the proper size and type?
0
❑
❑
❑
Number of tubes in use?
1
Is the level of chlorine residual acceptable?
❑
❑
❑
Is the contact chamber free of growth, or sludge buildup?
❑
0
❑
❑
Is there chlorine residual prior to de -chlorination?
❑
❑
❑
Comment: The chlorine contact chamber had a sludge blanket/buildup.
The chamber is concrete block and appears to have reached its lifespan. Several large
Cracks. and areas of decay were noted. It also appears it may be leaking;
the flows coming
into the chamber appeared higher than those leaving the chamber.
De -chlorination
Yes No NA NE
Type of system ?
Tablet
Is the feed ratio proportional to chlorine amount (1 to 1)?
❑ ❑
M
❑
Is storage appropriate for cylinders?
❑ ❑
M
❑
# Is de -chlorination substance stored away from chlorine containers?
❑ ❑
0
❑
Comment:
Are the tablets the proper size and type? . ❑ ❑ ❑
Are tablet de -chlorinators operational? M ❑ ❑ ❑
Number of tubes in use? 1
Comment:
Page# 5

Permit: NCOb29882 Owner -Facility:. Briarw00dWWrP
Compliance Evaluation li
Inspection Date: 05/25/2017 , , Inspection Type: Com P .
Effluent Pipe Yes No NA NE
Is right of way to the,outfall properly maintained? 0 ❑ ❑ ❑
Are the receiving water free of foam other than trace amounts and other debris? ® ❑ ❑ ❑
If effluent (diffuser pipes are required) are they operating properly? ❑ ❑ 0 ❑
Comment: The effluent was clear.
K
Page# 6

7AA
United States Environmental Protection Agency
Form Approved.
EPA Washington, D.C. 20460
OMB No. 2040-0057
Water Compliance Inspection Report
Approval expires8-31-98
Section A: National Data System Coding (i.e., PCS)
Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type
1 IN 2 15 1 3 I NCo029882 111 12 17/05/24 17 18 L C I 19 1 G 20 I
211111 I I I I I I II 11 1 I I I I I I I I I I I I I I I I I I I I II 111I 1 r6
Inspection Work Days Facility Self -Monitoring Evaluation Rating B1 QA --- Reserved------
67 70 LJ 71 J `72 LJ73 J 74 75I III I I I80
Section B: Facility Data
Name and Location of Facility Inspected (For Industrial Users discharging to POTW, also include
Entry Time/Date
Permit Effective Date
POTW name and NPDES permit Number)
09:OOAM 17/05/24
15/11/01
Briarwood WWiP
Exit Time/Date
Permit Expiration Date
41 Dix Creek Rd
Leicester NC 28748
11:00AM 17/05/24
20/10/31
Name(s) of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s)
Other Facility Data
Name, Address of Responsible Official/Title/Phone and Fax Number
Contacted
Bertha S Burnette,41 Dix Creek Rd #1 Leicester NC
28748//828-683-3791/8286833967 No
Section C: Areas Evaluated During Inspection (Check only those areas evaluated)
Permit Operations & Maintenance 0 Records/Reports Self -Monitoring Program
Facility Site Review Effluent/Receiving Waters
Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary)
(See attachment summary)
Name(s) and Signature(s) of Inspector(s) Agency/Office/Phone and Fax Numbers Date
Linda S Wiggs ARO WQ#828-296-4500 Ext.4653/
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#

NPDES
yr/mo/day
31 NCO029882 I11 12 17/05/24 17
4 14, 111
(�
Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary)
Inspection Type
18 i sj
G
A5 "7t. 7z)l 7:�,�
6/a �e� q c2eyi
Page# 2

Permit: NCO029882
IF -inspection Date: 05/24/2017
Operations & Maintenance
Is the plant generally clean with acceptable housekeeping?
4��A
Owner - Facility: Briarwood WWTP
Inspection Type: Compliance Evaluation
Does the facility analyze process control parameters, for ex: MLSS, MCRT, Settleable
Solids, pH, DO, Sludge Judge, and other that are applicable?
Comment:
Permit
(If the present permit expires in 6 months or less). Has the permittee submitted a new
application?
Is the facility as described in the permit?
# Are there any special conditions for the permit?
Is access to the plant site restricted to the general public?
Is the inspector granted access to all areas for inspection?
Comment:
Record Keeping
Are records kept and maintained as required by the permit?
Is all required information readily available, complete and current?
Are all records maintained for 3 years (lab. reg. required 5 years)?
Are analytical results consistent with data reported on DMRs?
Is the chain -of -custody complete?
Dates, times and location of sampling
Name of individual performing the sampling
Results of analysis and calibration
Dates of analysis
Name of person performing analyses
Transported COCs
Are DMRs complete: do they include all permit parameters?
Has the facility submitted its annual compliance report to users and DWQ?
(If the facility is = or > 5 MGD permitted flow) Do they operate 24/7 with a certified operator
on each shift?
Is the ORC visitation log available and current?
Is the ORC certified at grade equal to or higher than the facility classification?
Is the backup operator certified at one grade less or greater than the facility classification?
Is a copy of the current NPDES permit available on site?
ys�
Yes No NA NE
❑ ❑ ❑ ❑
❑ ❑ ❑ ❑
Yes No NA NE
❑ ❑ ❑ ❑
Yes No NA NE
❑ ❑ ❑ ❑
❑ ❑ ❑ ❑
❑ ❑ ❑ ❑
❑ ❑ ❑ ❑
❑ ❑ ❑ ❑
El
El
El
El
❑ ❑ ❑ ❑
❑ ❑ ❑ ❑
❑ ❑ ❑ ❑
Page# 3

Permit: NCO029882
Inspection Date: 05/24/2017
Owner -Facility: Briarwood WWrP
Inspection Type: Compliance Evaluation
Record Keeping Yes No NA NE
Facility has copy of previous year's Annual Report on file for review? ❑ ❑ ❑ ❑
Comment:
Bar Screens
Yes No NA NE
Type of bar screen
a.Manual
❑
b.Mechanical
❑
Are the bars adequately screening debris?
❑
❑
❑
❑
Is the screen free of excessive debris?
❑
❑
❑
❑
Is disposal of screening in compliance?
❑
❑
❑
❑
Is the unit in good condition?
❑
❑
❑
❑
Comment:
Aeration Basins
Yes No NA NE
Mode of operation 0`
Type of aeration system
Is the basin free of dead spots?
❑
❑
❑
❑
Are surface aerators and mixers operational?
❑
❑
❑
❑
Are the diffusers operational?
❑
❑
❑
❑
Is the foam the proper color for the treatment process?
❑
❑
❑
❑
Does the foam cover less than 25% of the basin's surface?
❑
❑
❑
❑
Is the DO level acceptable?
❑
❑
❑
❑
Is the DO level acceptable?(1.0 to 3.0 mg/1)
❑
❑
❑
❑
Comment:
Secondary Clarifier
Yes No NA NE
Is the clarifier free of black and odorous wastewater?
❑
❑
❑
❑
Is the site free of excessive buildup of solids in center well of circular clarifier?
❑
❑
❑
❑
Are weirs level? /Vd
❑
❑
❑
❑
Is the site free of weir blockage?
❑
❑
❑
❑
Is the site free of evidence of short-circuiting?
❑
❑
❑
❑
Is scum removal adequate?
❑
❑
❑
❑
Is the site free of excessive floating sludge?
❑
❑
❑
❑
Page# 4

Permit: NC0029882
Inspection Date: 05/24/2017
Owner -Facility: BriarwoodWWTP
Inspection Type: Compliance Evaluation
Secondary Clarifier
Yes No NA NE
Is the drive unit operational?
❑
❑
❑
❑
Is the return rate acceptable (low turbulence)?
❑
❑
❑
❑
Is the overflow clear of excessive solids/pin floc?
❑
❑
❑
❑
Is the sludge blanket level acceptable? (Approximately % of the sidewall depth)
❑
❑
❑
❑
Comment:
Disinfection -Tablet
Yes No NA NE
Are tablet chlorinators operational?
❑
❑
❑
❑
Are the tablets the proper size and type?
❑
❑
❑
❑
Number of tubes in use?
Is the level of chlorine residual acceptable?
❑
❑
❑
❑
Is the contact chamber free of growth, or sludge buildup?
❑
❑
❑
❑
Is there chlorine residual prior to de -chlorination?
❑
❑
❑
❑
Comment:
De -chlorination Yes No NA NE
Type of system ?
Is the feed ratio proportional to chlorine amount (1 to 1)? ❑ ❑ ❑ ❑
Is storage appropriate for cylinders? ❑ ❑ ❑ ❑
# Is de -chlorination substance stored away from chlorine containers? ❑ ❑ ❑ ❑
Comment:
Are the tablets the proper size and type? ❑ ❑ ❑ ❑
Are tablet de -chlorinators operational? ❑ ❑ ❑ ❑
Number of tubes in use? /
Comment:
Effluent Pipe Yes No NA NE
Is right of way to the outfall properly maintained? ❑ ❑ ❑ ❑
Are the receiving water free of foam other than trace amounts and other debris? ❑ ❑ ❑ ❑
If effluent (diffuser pipes are required) are they operating properly? ❑ ❑ ❑ ❑
Comment:
Effluent Sampling Yes,No NA NE
Page# 5

Permit: NCO029882
Inspection Date: 05/24/2017
Effluent Sampling
Is composite sampling flow proportional?
Is sample collected below all treatment units?
Owner - Facility: Briarwood WWTP
Inspection Type: Compliance Evaluation
Is proper volume collected?
Is the tubing clean?
# Is proper temperature set for sample storage (kept at less than or equal to 6.0 degrees
Celsius)?
Is the facility sampling performed as required by the permit (frequency, sampling type
representative)?
Comment:
Yes No NA NE
❑ ❑ ❑ ❑
❑ ❑ ❑ ❑
❑ ❑ ❑ ❑
❑ ❑ ❑ ❑
❑ ❑ ❑ ❑
Page# 6

NC®ENR
North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
Bertha Burnette, Owner
Briarwood Subdivision
41 Dix Creek One Road
Leicester, NC 28748
Dear Permittee:
March 24, 2015
/
poil
'r'2s:451 �• rY-�nnpT3
Donald R. van der Vaart
Secretary
Subject: Acknowledgement of Permit Renewal
Permit NCO029882
Buncombe County
The NPDES Unit received your permit renewal application on March 23, 2015. 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 Ron
Berry [phone].
Sincerely,
\A/rre k. Ttieol�fo Or
Wren Thedford
Wastewater Branch
cc: Central Files
TAshevll"e Regional -Office_
NPDES Unit
I
1617 Mail Service Center, Raleigh, North Carolina 27699-1617
Location: 512 N. Salisbury St. Raleigh, North Carolina 27604
1,8 Phone: [phone] Fax: [phone]/Customer Service: 1-877=623-6748, .
Internet:: www.ncwater.org
An Equal Opportuni"ffirmative Action Employer
FiECE: D
Division of Water Resources
MAR 2 6 2015
Water Ouaiit), Regronal Operations I
Asheville Rer�ional Offi e

NPDES APPLICATION - FORM D
caned treatment systems treating 100% domestic wastewaters <1.0 MGD udAV
y { -id
Mail the complete application to:
N. C. DENR / Division of Water Quality / NPDES Unit
1617 Mail Service Center, Raleigh, NC 27699-1617
NPDES Permit NC0029882
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 >RECEIVEDj r"
1. Contact Information: \AAR 13 Z015
Owner Name
Facility Name
Mailing Address
City
State / Zip Code
Telephone Number
Fax Number
e-mail Address
Bertha S. Burnette
Briarwood Subdivision
41 Dix Creek One Road
Leicester
NC 28748
828-683-3791
6 X�- 6Sg -r- 3q, (c)q
)atU'I'd E Bttrr,e �-g
6C) m coa
2. Location of facility producing discharge:
Check here if same address as above ❑
Street Address or State Road Dix Creek Road Number One(MCSR 1309)
City Leicester
State / Zip Code NC 28748
County Buncombe
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 Bertha S. Burnette
Mailing Address 41 Dix Creek One Road
City Leicester
State / Zip Code NC 28748
Telephone Number 828-683-3791
Fax Number 3 9 (p
Division of Water Resources
e-mail Address
I MAR 2 6 2015
4 Water Quality Regional Operations
Asheville Regional �
1 of 3

NPDES APPLICATION - FORM D
vned treatment systems treatingA00% domestic wastewaters <1.0 MGD
Lstewater:
JVacunv axeneraLiiig Wastewater(check all that apply):
Industrial ❑
Number of Employees
Commercial ❑
Number of Employees
Residential X
Number of Homes
School
Number of Students/Staff
Other
Explain: Nursing Home
Describe the source(s) of wastewater (example: subdivision, mobile home park, shopping centers,
restaurants, etc.):
Subdivision
Number of persons served:
S. Type of collection system
X Separate (sanitary sewer only) ❑ Combined (storm sewer and sanitary sewer)
6. Outfall Information:
Number of separate discharge points 1
Outfall Identification number(s) 001
Is the outfall equipped with a diffuser? ❑ Yes X No
7. Name of receiving stream(s) (NEW applicants: Provide a map showing the exact location of each
outfall):
Dix Creek in the French Broad River Basin
8. Frequency of Discharge: X 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.
A 0.0075 MGD facility with manual bar screen, extended aeration basin with dual
blowers, rectangular clarifier with skimmer and sludge return, aerobic digestor, tablet
chlorinator, dechlorination, chlorine contact chamber.
Form-D 11112
2of3

NPDES APPLICATION - FORM D
caned treatment systems treating 100% dole icLvAAtewaters <40 MGD
in:
Treatment Plant Design flow 0.0075 MGD
Annual Average daily flow 0.0012 MGD (for the previous 3 years)
Maximum daily flow MGD 0.002 (for the previous 3 years)
11. Is this facility located on Indian country?
❑ Yes X No
12. Effluent Data
NEW APPLICANTS: Provide data for the parameters listed. Fecal Coliform, Temperature and pH shall be grab
samples, for all other parameters 24-hour composite sampling shall be used. If more than one analysis is reported,
report daily maximum and monthly average. If only one analysis is reported, report as daily maximum.
RENEWAL APPLICANTS: Provide the highest single reading (Daily Maximum) and Monthly Average over
tha nest .3Fi mnnthS fnr parameters currentlu in uour hermit. Mark other parameters "N/A".
---- ----- - - --- -----
Parameter
Daily
Maximum
Monthly
Average
Units of
Measurement
Biochemical Oxygen Demand (BODs)
31.9
11.8
MG/L
Fecal Coliform
32
5.2
CFU/ 100ML
Total Suspended Solids
34.0
16.6
MG/L
Temperature (Summer)
25.9
22.4
C
Temperature (Winter)
14.5
10.2
C
pH
7.9
7.5
units
13. List all permits, construction approvals and/or applications:
Type Permit Number - Type Permit Number
Hazardous Waste (RCRA)
UIC (SDWA)
NPDES
PSD (CAA)
Non -attainment program (CAA)
NCO02982
14. APPLICANT CERTIFICATION
NESHAPS (CAA)
Ocean Dumping (MPRSA)
Dredge or fill (Section 404 or CWA)
Other
I certify that I am familiar with the information contained in the application and that to the
best of my knowledge and belief such information is true, complete, and accurate.
Printed name of Person Signing
Title
Signature of Applicant Date
North Carolina General Statute 143-215.6 (b)(2) states: Any person who knowingly makes any false statement representation, or certification in any
application, record, report, plan, or other document files or required to be maintained under Article 21 or regulations of the Environmental Management
Commission implementing that Article, or who falsifies, tampers with, or 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 11/12

City: Stale:
Email address: DGt U��.&Z1 U r,
Signature:
k zip:
System Operator
W.PCSOCC
NCAC 1SA 8G .0201
phone 4:
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and �gulstlaas gsrtainiog to the, "ON1AWes of the ORC as set forth in 15A NCAC 08G .0204 Mud failing to do so Man result ift D%0iPHUW
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Certificate `T me / Grade /
Work Phone #:.?qZ7-%
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rules and t'egulatiom pertgbijug to The BU ORC as set forth zn 15A NCA.0 08G .0205 end Wing to do no can result in
Disciplinary Actions by, the Wgter PGIbAwn Control•SIMM Olreratots Cerdfl0ation Commissiom"
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ll adl, fica or e:rwal the IJpi1 CJ ,.. 61j u4servim Mter,A Raleigh, NC 276"-1618 Fax: 919,715.2726
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washimaton
943 Washiugtou Sq Moll
Washington 27889
Fax: [phone]
Phone. 252.4A6.6481
F'ayetdevflle
225 ckmn St
Suite 714
Fayetteville 28301-5043
Fax: 910A86:0107
Fbane: 910.433.3380
Wilmington
127 Cardanst Dr
Womrogton 29405-2845
Fax: [phone] H
,phone: 910.796. AS
Moore&Me
610 B Centu A"
Suite 301
1 it msvilk 28115
F= 704 663.6040 .
Phone; 704.663.1690
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4so W. Hanes I4 4Rd
Wiwton-5a1emi 271.05
Fax: [phone]
Phown 336.776."00
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380o Sarrelt Df
.Raleigh 27609
F,u,. 919,571:.4718
1Rhoue:919.791A200
Revised 05-2015

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Permit#: Ac —1&9
•Manw.............N......nn........aw...........na.........*..............nN...........+fAl..Y........//NYIY....Nl1l1■/Y............N....Nftl...f
Back Up operator%t Responsible Charge (BU 0AC)
Plant Full'Name: t w
Cehi$cate TYPO / Grade / Number; ��'�Q U�� . Q). � I "13 � work Phone #• imp! 9 — 06 �
5igbattue Date: d %
`II eeff* fl* I agree to M-desig=ion ss a Back-up Operator in Responsible Chup for Nile ft3c+4& =wd. I uadetst and and wilt abido by de
rates and reguiaA ow p0rtainittpt to the t"ponst"bilities of rlte BLt ORC au set forte is 15A'VCAC 08G} .0205 and Wkg m da so ¢anaesolt in
nis PrWIM Aatiou3 by the Wmr'PoiiuD= Contzoi Stiwm Opexe m Cerdgendon Commission.'.
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13aek iTp Operator in Responsible Charge (BU 0Rq
Print FuIIName: t l� �- �L t Yl��r Email:
Cet dfiaata
Sigpetare:
"I certify'bat I -agree to Mr deslguadon as s Back up Operator Its Responsible Charge for tite ibaElity noje& I mzderstaad attd will abidm by the
tuies and xegulatign; pettx ining tj the.xe p .Sz%jwes of tea BU ORC as set forth in l3 A NCAC 0$0,0205 mid failing t4 do so can me is
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Print Fun Name:..: ...fin n.. czrr► - - bQ ll s &
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"I certlt that I agree to 10} designadon as a Back-up Operator iz Responsible gbarge for the faculty noted. I undetuand and n$I abide by ttte
ralo's "Ad regu?dtibus perking to the: resp VdWlities 0?thc.B0ORC as ser fbkth in i cA NCAC 08G .0205 attd lining to do ao car. wSult in
l3i�iplirasn Aaaous h), a Wftr Ro!(utiab Control Syswm Opmtntors Certix7c4Q Commis
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A'ssciplxnary Acdons by the VWarer pollution COniml Systam Opetsmrs Certification CommWon."
ROVISed 05-2016

'"Soft—��� "
NCDENR 7 ,f:::>> .,
North Carolina Department of Environment and Natural Resources
Division of Water Resources
Water Quality Programs
Pat McCrory Thomas A. Reeder
Governor Director
March 24, 2014
Mrs. Bertha S. Burnette
41 Dix Creek Road #1
Leicester, North Carolina 28748
Subject: NOTICE OF VIOLATION
NOV-2014-LV-0116
Permit No. NCO029882
Briarwood WWTP
Buncombe County
Dear Mrs. Burnette:
John E. Skvarla, III
Secretary
A review of Briarwood WWTP's monitoring report for December 2013 showed the following
violation:
Parameter
Date
Limit Value
Reported Value
Limit Type
Solids, Total Suspended -
12/31/2013
30 mg/I
31.78 mg/I
Monthly
Concentration
Average
Exceeded
Remedial actions, if not already implemented, should be taken to correct any problem. Since the
comments section on the reverse of the relevant DMR provided an adequate explanation for the subject
violation, it is not requested that a response be submitted.
The Division of Water Resources may pursue enforcement action for this and any additional violations
of State law. If you should have any questions, please do not hesitate to contact Janet Cantwell or me
at 828/296-4600.
Sincerely,
G. Landon Davidson, P.G., Regional Supervisor
Water Quality Regional Operations
_��_V1/Q=l�sfevi IIe=Fi lei
WQ Central Files
James & James Environmental/ ORC
G:\WR\WQ\Buncombe\WastewaterVinors\Bdarwood Subdivision 29882\NOV-2014-LV-0116.doc
Water Quality Regional Operations — Asheville Regional Office
2090 U.S. Highway 70, Swannanoa, North Carolina 28778
Phone: [phone] FAX: [phone]
Internet: http:l/portal.ncdenr.org/web/wq
An Equal Opportunity/ Affirmative Action Employer

A
NCDENR
North Carolina Department of Environment and Natural
Pat McCrory
Governor
Mrs. Bertha S. Burnette
Briarwood
41 Dix Creek Road #1
Leicester, North Carolina 28748
Dear Mrs. Burnette:
Division of Water Resources
Water Quality Programs
Thomas A. Reeder
Director
October 10, 2013
Resources
Subject: NOTICE OF VIOLATION
NOV-2013-LV-0699
Permit No. NCO029882
Briarwood WWTP
Buncombe County
John E. Skvarla, III
Secretary
A review of Briarwood WWTP's monitoring report for July 2013 showed the following violation:
Parameter
Date
Limit Value
Reported Value
Limit Type
Coliform, Fecal MF, M-FC
Broth,44.5C
07/16/2013
400 #/100ml
600 #/100ml
Daily Maximum
Exceeded
Remedial actions, if not already implemented, should be taken to correct any problem. Since the
comments section on the reverse of the relevant DMR provided an adequate explanation for the subject
violation, it is not requested that a response be submitted.
The Division of Water Resources may pursue enforcement action for this and any additional violations
of State law. If you should have any questions, please do not hesitate to contact Janet Cantwell or me
at 8281296-4500.
16/f
WQ Central Files
James & James Environmental/ ORC
Sincerely,
G. Land`a6 Davidson, P.d
Regional Supervisor
Water Quality Section
G:\WQ\SWP\Buncombe\Wastewater\Minors\Briarwood Subdivision 29882\NOV-2013-LV-0599.doc
WATER QUALITY SECTION
North Carolina Division of Water Resources — Asheville Regional Office Phone [phone] FAX [phone] Internet: h2o.enr.state.nc.us
2090 U.S. Highway 70, Swannanoa, N.C. 28778 An Equal Opportunity/ Affirmative Action Employer

AJ
NCDENR
North Carolina Department of Environment and Natural Resources
Beverly Eaves Perdue
Governor
Mrs. Bertha S. Burnette
41 Dix Creek Road #1
Leicester, North Carolina 28748
Dear Mrs. Burnette:
Division of Water Quality
Charles Wakild, P.E.
Director
July 23, 2012
Subject: NOTICE OF VIOLATION
NOV-2012-MV-0061
Permit No. NCO029882
Briarwood WWTP
Buncombe County
Dee Freeman
Secretary
A review of Briarwood WWTP's monitoring report for March 2012 showed the following violation:
Parameter
Date
Measuring
Violation
Frequency
Chlorine, Total Residual
Week ending
2 X / Week
Failure to Monitor
03/03/2012
It was also noted that the Compliance box on the back of the DMR was marked "Compliant" when in
fact it should have been marked "Non -Compliant" with an explanation for the non-compliance. If the above
parameter was left off inadvertently, please send an amended DMR within 10 business days of receipt
of this letter to Raleigh at the address found on the front page of your DMR and also a copy to this
office.
Remedial actions should be taken to correct this problem. The Division of Water Quality may pursue
enforcement action for this and any additional violations of State law. If you should have any questions,
please do not hesitate to contact Janet Cantwell or me at 8281296-4500.
Sincerely, `
f_2�,
Chuck Cranford, Regional Supervisor
Surface Water Protection Section
161-MM Jr1JYQ -sig HIe,File�
DWQ Central Files
James & James Environmental/ ORC
S:\SWP\Buncombe\Wastewater\Minors\Briarwood Subdivision 29882\NOV-2012-MV-0061.doc
No thCarolina
XatuM11,Y
North Carolina Division of Water Quality 2090 U.S. Highway 70 Swannanoa, N.C. 28778 Phone[phone]
Internet: www.ncwaterguality.org . FAX [phone]

WDENR
North Carolina Department of Environment and Natural Resources'---,
,
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
October 13, 2011
Mrs. Bertha S. Burnette
41 Dix Creek Road #1
Leicester, North Carolina 28748
Subject: NOTICE OF VIOLATION
NOV-201 1 -LV-0493
Permit No. NCO029882
Briarwood WWTP
Buncombe County
Dear Mrs. Burnette:
A review of Briarwood WWTP's monitoring report for July 2011 showed the following
violation:
Parameter
Date
Limit Value
Reported
Limit Type
Value
Coliform, Fecal MF, M-
07/26/2011
400
500 #/100ml
Daily
FC Broth,44.5C
#/100ml
Maximum
Exceeded
Remedial actions, if not already implemented, should be taken to correct any problem. Since
the comments section on the reverse of the relevant DMR provided an adequate explanation for the
subject violation, it is not requested that a response be submitted.
The Division of Water Quality may pursue enforcement action for this and any additional
violations of State law. If you should have any questions, please call Janet Cantwell at 828-
296-4500.
Sincerely,
D. Keith Haynes, Acting Regional Supervisor
Surface Water Protection Section
cc: r,M��1 sl�i f
DWQ Central Files --
James & James Environmental/ ORC
S:1SWP1Buncombe\Wastewater\Minors\Briarwood Subdivision 298821NOV-2011-LV-0493.doc
_ Dne Carotins
1V �cn4(mi!y
North Carolina Division of Water Quality 2090 U.S. Highway 70 Swannanoa, N.C. 28778 Phone[phone] Customer Service
Internet: www.ncwaterauality.org FAX [phone]

40
NCDENR l E C C y
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
Mrs. Bertha S. Burnette
41 Dix Creek Road #1
Leicester, North Carolina 28748
Dear Mrs. Burnette:
May 10, 2011
Subject: NOTICE OF VIOLATION
NOV-201 1 -MV-0092
Permit No. NCO029882
Briarwood WWTP
Buncombe County
A review of Briarwood WWTP's monitoring report for January 2011 showed the following violation:
Parameter
Date
Measuring Frequency
Violation
Flow, in conduit or thru
treatment plant
Week ending:
01/01/2011
Weekly
Failure to Monitor
It was also noted that the Compliance box on the back of the DMR was marked "Compliant" when in
fact it should have been marked "Non -Compliant" with an explanation for the non-compliance. If the above
parameter was left off inadvertently, please send an amended DMR within 10 business days of receipt
of this letter to Raleigh at the address found on the front page of your DMR and also a copy to this
office.
Additionally, when the Operator or Back -Up Operator is unable to visit the facility for your "permit -
required five times per week" visits, it should be explained on the DMR or a separate page. This is in
reference to January 10 & 11, 2011. Please remember to use this protocol in the future.
Remedial actions should be taken to correct this problem. The Division of Water Quality may pursue
enforcement action for this and any additional violations of State law. If you should have any questions,
please do not hesitate to contact Janet Cantwell at 8281296-4500.
Sincerely,
Roger C. Edwards, Regional Supervisor
Surface Water Protection Section
DWQ Central Files
James & James Environmental/ ORC
S:1SWP1BuncombelWastewaterlMinorslBriarwood Subdivision 29882WOV-2011-MV-0092.doc
N�orthCarolina
Natura!!y
North Carolina Division of Water Quality 2090 U.S. Highway 70 Swannanoa, N.C. 28778 Phone[phone] Customer Service
Internet: www.ncwaterguality.org FAX [phone]

I L E d '
NCDENR z
North Carolina Department of Environment and Natural Resources-
_ ...T:i�.
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
SURFACE WATER PROTECTION SECTION
March 10, 2011
Ms. Bertha S. Burnette
41 Dix Creek Road #1
Leicester, NC 28748
SUBJECT: Compliance Evaluation Inspection
Briarwood Subdivision WWTP
Permit No: NCO029882
Buncombe County
Dear Ms. Burnette
Enclosed please find a copy of the Compliance Evaluation Inspection report from the
inspection conducted on March 2, 2011. The facility was found to be in compliance with permit
NC0029882.
Please refer to the enclosed inspection report for additional observations and comments.
If you or your staff should have any questions, please call me at 828-296-4500 extension 4662.
Enclosure
cc: James & James, ORC
Central Files
g 'I ilk
Sincerely,
?�J�K4' fl)U��'L
Wanda P. Frazier
Environmental Specialist
S:\SWP\Buncombe\Wastewater\Minors\Briarwood Subdivision 29882\CEI 3-2-11.doc
SURFACE WATER PROTECTION — ASHEVILLE REGIONAL OFFICE NOnrthCarolina
Location: 2090 U.S. Highway 70, Swannanoa, NC 28778 orffiCarofin
Phone: [phone] FAX: [phone] Customer Service:1-877-623-6748 Naharally
Internet: M www.ncwaterguality.org,4

United States Environmental Protection Agency
Form Approved.
E ^ AH Washington, D.C. 20460
�+
OMB No. 2040-0057
Water Compliance Inspection Report
Approval expires 8-31-98
Section A: National Data System Coding (i.e., PCS)
Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type
1 I NI 2 15I 31 NCO029882 Ill 121 11/03/02 117 181 CI 191 SI 201
Remarks
21111111111111 II II IIII IIII IIII 111111111111 1111 M1
Inspection Work Days Facility Self -Monitoring Evaluation Rating 131 QA -----------------Reserved-------- --
67I 1. 0 169 701 31 711 I 721 NJ 73 L U 74 751 I I I I I I 180
Section B: Facility Data
Name and Location of Facility Inspected (For Industrial Users discharging to POTW, also include
Entry Time/Date
Permit Effective Date
POTW name and NPDES permit Number)
03:45 PM 11/03/02
10/12/01
Briarwood WWTP
Exit Time/Date
Permit Expiration Date
41 Dix Creek Rd
Leicester NC 28748
04:30 PM 11/03/02
15/10/31
Name(s) of Onsite Representative(s)ITitles(s)/Phone and Fax Number(s)
Other Facility Data
Name, Address of Responsible Official/Title/Phone and Fax Number
Contacted
Bertha S Burnette,41 Dix Creek Rd #1 Leicester NC 28748//828-683-379id.
Section C: Areas Evaluated During Inspection (Check only those areas evaluated)
Permit 0 Operations & Maintenance 0 Records/Reports Facility Site Review
Effluent/Receiving Waters
Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary)
(See attachment summary)
Name(s) and Signature(s) of Inspector(s) Agency/Office/Phone and Fax Numbers Date
Wanda P Frazier 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
31 NCO029882 1
11 121 11/03/02 1
17
Inspection Type
18H
(cont.) 1
Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary)
FACILITY DESCRIPTION: Briarwood Subdivision WWTP
DEVELOPMENT: Consists of 12 residential homes serving a population of 36.
COLLECTION SYSTEM: Consists of 12 connections.
WASTEWATER TREATMENT PLANT (VWVFP):
The WWTP consists of a 0.0075 MGD metal extended aeration package plant with: (no bar screen);
aeration basin with dual blowers providing diffused air;
rectangular hoppered clarifier with skimmer and sludge returns; (no aerobic digestor);
tablet chlorinator;
chlorine contact chamber; and
tablet dechlorinator.
Note: This is an excellent activated sludge seed plant.
Annual Average Flow: 0.0021 MGD (3 year average: 2007-2010)
Sludge Management: Commercial hauler (Mike Lusk's Septic Service) to the City of Brevard's and MSD's
WWTPs.
INSPECTION / LOG:
A review of the files indicates that the last compliance evaluation inspection was conducted on
12-30-2009 by Wanda Frazier.
The daily operator log was present on -site and had good notation of daily events, process control and
field testing data.
TREATMENT UNITS / PROCESS CONTROL TESTING DATA:
The activated sludge aeration basin process control data was as follows:
Temperature = 13.5 degrees Celsius
pH = 6.8 units
Dissolved Oxygen = 1.8 mg/I
Settleable Solids = 950 ml/I = 95%
Note: Excess solids will be wasted / pumped from this plant and used for seed to start up a new
WWTP the week of March 14, 2011.
EFFLUENT:
Page # 2

Permit: NCO029882
Inspection Date: 03/02/2011
The effluent data was as follows:
Dissolved Oxygen = 2.32 mg/I
pH = 7.0 units
Temperature = 13.0 degrees Celsius
Chlorine = <15 ug/I
OPERATIONS AND MAINTENANCE / E
Ms. Juanita James, ORC contractor, assi:
maintaining the facility very well.
The effluent was very clear and appeared
SYSTEM PERFORMANCE ANNUAL REPC
The 2010 System Performance Annual
Owner - Facility: Briarwood WW rP
Inspection Type: Compliance Evaluation
ENT / SUMMARY:
in the inspection and appears to be operating and
.be in compliance with permit limits.
T (SPAR):
)rt was received by the Division on 3-1-2011.
Page # 3

Permit: NCO029882
Inspection Date: 03/02/2011
Owner - Facility: Briarwood VW TP
Inspection Type: Compliance Evaluation
Permit Te5 No NA N
(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
n
Is access to the plant site restricted to the general public?
■
n
n
n
Is the inspector granted access to all areas for inspection?
■
n
n
n
Comment:
Operations $ Maintenance
Yes
No
NA
NE
Is the plant generally clean with acceptable housekeeping?
■
n
n
n
Does the facility analyze process control parameters, for ex: MLSS, MCRT, Settleable
Solids, pH, DO, Sludge ■
n
n
n
Judge, and other that are applicable?
Comment:
Aeration Basins
Yes
No
NA
NE
Mode of operation
Ext. Air
Type of aeration system
Diffused
Is the basin free of dead spots?
■
n n
n
Are surface aerators and mixers operational?
❑
n ■
Are the diffusers operational?
■
n n
n
Is the foam the proper color for the treatment process?
■
n n
n
Does the foam cover less than 25% of the basin's surface?
■
n n
n
Is the DO level acceptable?
■
Is the DO level acceptable?(1.0 to 3.0 mg/1)
■
Cl n
n
Comment:
Secondary Clarifier
Yes
No NA
NE
Is the clarifier free of black and odorous wastewater?
■
n n
n
Is the site free of excessive buildup of solids in center well of circular clarifier?
n
n ■
n
Are weirs level?
■
n n
n
Is the site free of weir blockage?
■
n
Is the site free of evidence of short-circuiting?
■
n n
❑
Is scum removal adequate?
■
n n
n
Is the site free of excessive floating sludge?
■
n n
n
Page # 4

Permit: NC0029882
Inspection Date: 03/02/2011
Owner - Facility: Briarwood WVVTP
Inspection Type: Compliance Evaluation
Secondary Clarifier
Yes
No NA
Nt
Is the drive unit operational?
n
n ■
n
Is the return rate acceptable (low turbulence)?
■
n n
n
Is the overflow clear of excessive solids/pin floc?
■
n n
n
Is the sludge blanket level acceptable? (Approximately'/ of the sidewall depth)
■
n n
n
Comment:
Disinfection -Tablet
Yes
No NA
NE
Are tablet chlorinators operational?
■
n 00
Are the tablets the proper size and type?
■
n n
n
Number of tubes in use?
2
Is the level of chlorine residual acceptable?
■
n Cl
n
Is the contact chamber free of growth, or sludge buildup?
■
n 00
Is there chlorine residual prior to de -chlorination?
■
n 00
Comment:
Yas Mn NA NF
Type of system ?
Is the feed ratio proportional to chlorine amount (1 to 1)? n n ■ n
Is storage appropriate for cylinders?
nn■❑
# Is de -chlorination substance stored away from chlorine containers? n El ■ n
Comment:
Are the tablets the proper size and type?
■
n
Cl
n
Are tablet de -chlorinators operational?
■
n
n
n
Number of tubes in use?
1
Comment:
Effluent Pipe
Yes
No
NA
NE
Is right of way to the outfall properly maintained?
■
n
Cl
n
Are the receiving water free of foam other than trace amounts and other debris?
■
n
o
n
If effluent (diffuser pipes are required) are they operating properly?
❑
❑
■
n
Comment:
Page # 5

DAMES & DAMES ENVIRONMENTAL MANAGEMENT, INC
PO BOX 1354, MOUNTAIN HOME, NC 28758
[phone] OFFICE w__.. -
[phone] FAX
PERFORMANCE ANNUAL REPORT - 2010
Briarwood Sub -Division Mr. David Burnette Permit Number: NCO029882
System Description
An extended aeration basin with gravity flow influent into a 7,500 gallon treatment facility,
clarifier, tablet feed chlorinator, chlorine contact chamber, tablet feed de -chlorinator, and effluent gravity
line.
Performance
This system had a one violation the entire year with regard to Fecal Coliform. The rest of the year
the facility ran very well. There were no major or minor repairs to the system needed this year. Solids
were maintained by pumping twice this year.
Violations and corrective actions taken
1. January, 2010
a. Fecal Coliform @ 440 colonies/100 mis
i. The chlorine contact chamber had frozen not allowing for the proper detention
time for the disinfection process.
This report has been sent to the Owner with directions to give notification of the availability of this report
to each of their users. A certified statement will be sent to the State when this notice has been issued.
I certify under penalty of law that this report is complete and accurate to the best of my knowledge. I
further certify that this report has been made available to the users or'customers of the named system and
that those users have been notified of its availability. I also certify that this report has been given to the
owner of this facility with explicit directions to make the user aware of the availability of this report and the
location with which a copy can be viewed or received. James & James Environmental Mgt., Inc cannot
certify that the latter has been completed and will enclose a letter of certification to be mailed to the State
of North Carolina on behalf of this entity along with all pertinent information regarding this system for the
conclusion of this requirement.
Thank you,
I g. fiouw
anita James
James & James Environmental Management, Inc.
MAR - 7 2011
WATER QUALITY SECTION
' ASHEVILLE REGIONAL OFFICE
MAR - 12011
,v.Ll rig
POINT Rai J pf`_ r1p.-mor+ra

PERFORMANCE ANNUAL REPORT — 2010
Briarwood Sub -Division Mr. David Burnette
Permit Number: NCO029882
A copy of the Performance Annual Report has already been filed with the
State of North Carolina Division of Water Quality in triplicate by James &
James Environmental Management, Inc. and should be in your possession at
this time. On that report, the certification was stated that I, the responsible
party of this facility, has received a copy of this report and was directed to
give the users knowledge of this report and access to it.
Therefore:
I certify under penalty of law that this report prepared by James & James
Environmental Management, Inc. is complete and accurate to the best of my
knowledge. I further certify that this report has been made available to the,
users or customers of this documented system and that those users have been
notified of its availability.
Thank you,
David Burnette
Briarwood Sub -Division

FWA f---
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor
Mrs. Bertha S. Bumette
41 Dix Creek Road 41
Leicester, North Carolina 28748
Dear Mrs. Burnette:
Director
June 10, 2010
Subject: NOTICE OF VIOLATION
NOV-2010-LV-0203
Permit No. NCO029882
Briarwood WWTP
Buncombe County
Secretary
A review of Briarwood WWTP's monitoring report for January 2010 showed the following violation:
Parameter
Date
Limit Value
Reported Value
Limit Type
Coliform, Fecal MF, M-FC
Broth,44.5C
01/31/10
400 #/100m1
440 #/100ml
Daily Maximum
Exceeded
Remedial actions, if not already implemented, should be taken to correct any problem. Since the comments section
on the reverse of the relevant DMR provided an adequate explanation for the subject violation, it is not requested that a
response be submitted: however, should you have additional information concerning the violations or comments which you
wish to present, please submit them to the attention of Janet Cantwell.
The Division of Water Quality may pursue enforcement action for this and any additional violations of State law.
If you should have any questions, please do not hesitate to contact Janet Cantwell at 828/296-4500.
Sincerely,
r
1.
fOk Roger C. Edwards, Regional Supervisor
Surface Water Protection Section
Asheville Regional Office
Cc .._LDWQ Ashevil'Ic
DWQ Central Files
James & James Environmental/ ORC
ti`•.ti1 P;l3uncombe`•,l�',isrettiatrr, di»ors'•,13ri<in�ood Subdivision 298821•N V-2010-LV-0201doc
NoAhCarolina
Naturally
North Carolina Division of Water Quality 2090 U.S. Highway 70 Swannanoa, N.C. 28778 Phone[phone] Customer Service
Internet: www.ncwaterguality.org FAX [phone]

A
,,� •��� :I . 11. 3 OFFICE
697-0065 FAX
PE ORMANCE ANNUAL REPORT - 2009
Briarwood Sub -Division Mr. David Burnette Permit Number: NCO029882
System Description
An extended aeration basin with gravity flow influent into a 7,500 gallon treatment facility,
clarifier, tablet feed chlorinator, chlorine contact chamber, tablet feed de -chlorinator, and effluent gravity
line.
Performance
This system had a couple of violations the entire year with regard to Fecal Coliform. The rest of
the year the facility ran very well. During the year, the facility had a new electrical panel installed. The
facility ran very well this year with minimal needs.
Violations and corrective acti ns taken
February 11, 2009 — Fecal Coliform @ >770 colonies/100 mis — increased chlorine dosage
April 15, 2009 — BOD @ 45.4 mg/1— a belt broke over the prior weekend causing the plant to go
septic. It could not regain con pliance this week.
September, 2009 — F cal Coliform @ >600 colonies/] 00 mis — increased chlorine dosage
This report has been sent to a Owner with directions to give notification of the availability of this report
to each of their users. A certified statement will be sent to the State when this notice has been issued.
I certify under penalty of law at this report is complete and accurate to the best of my knowledge. I
further certify that this report as been made available to the users or customers of the named system and
that those users have been notified of its availability. I also certify that this report has been given to the
owner of this facility with explicit directions to make the user aware of the availability of this report and the
location with which a copy ca ri be viewed or received. James & James Environmental Mgt., Inc cannot
certify that the latter has been completed and will enclose a letter of certification to be mailed to the State
of North Carolina on behalf o this entity along with all pertinent information regarding this system for the
conclusion of this re( uiremen .
Thank you,
v1 ' VYU
Ju ita James 0 a
W
James & James Enviromnenft 1 Management, Inc. ;t
2/28/10 ks
MAR 052010
PST
1.6 2010
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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
February 15, 2010
BERTHA S BURNETTE
41 DIX CREEK RD # 1
LEICESTER NC 28748
SUBJECT: Payment Acknowledgment
Civil Penalty Assessment
Briarwood WWTP
Permit Number: NCO029882
Case Number: LV-2010-0034
Buncombe County
Dear Ms. Burnette:
This letter is to acknowledge receipt of check number 1859 in the amount of $270.00 received from you dated
February 3, 2010. This payment satisfies in full the above civil assessment levied against the subject facility,
and this case has been closed. Payment of this penalty in no way precludes future action by this Division for
additional violations of the applicable Statutes, Regulations, or Permits.
If you have any questions, please call Bob Guerra at 919-807-6387.
cc: Central Files
. z � 2e S. . t s_ r
1617 Mail Service Center, Raleigh, North Carolina 27699-1617
Location: 512 N. Salisbury St. Raleigh, North Carolina 27604
Phone: [phone] FAX [phone] Customer Service:1-877-623-6748
Intemet www.ncwaterquality.org
An Equal Opportunity 1 Affirmative Action Employer
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` NorthCarolina
Natminallff

Beverly Eaves Perdue
Governor
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Coleen H. Sullins
Director
SURFACE WATER PROTECTION SECTION
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Bertha S. Burnette
41 Dix Creek Rd #1
Leicester, NC 28748
January 28, 2010
7007 1490 0004 0713 8397
SUBJECT: Notice of Violation and Assessment of Civil Penalty
for Violations of North Carolina General Statute (G.S.) 143-215.1(a)(6)
and NPDES Permit NCO029882
Bertha S. Burnette
Briarwood WWTP
Case No LV=2010=.0034
Buncombe County
Dear Ms. Burnette
Dee Freeman
Secretary
This letter transmits a Notice of Violation and assessment of civil penalty in the a unt f--, 270.L
($200 00- civil pen�alty�+zforcement costs) against Bertha S. Burnette.
This assessment is based upon the following facts: a review has been conducted of the discharge
monitoring report (DMR) submitted by Bertha S. Burnette for the month of September 2009. This
review has shown the subject facility to be in violation of the discharge limitations and/or monitoring
requirements found in NPDES Permit NCO 029882. The violations which occurred in September 2009 are
summarized in Attachment A to this letter.
Based upon the above facts, I conclude as a matter of law that Bertha S. Burnette violated the terms,
conditions or requirements of NPDES Permit NCO029882 and G.S. 143-215.1(a)(6) in the manner and
extent shown in Attachment A. In accordance with the maximums established by G.S. 143-215.6A(a)(2),
a civil penalty may be assessed against any person who violates the terms, conditions or requirements of a
permit required by G.S. 143-215.1(a).
Based upon the above findings of fact and conclusions of law, and in accordance with authority provided
by the Secretary of the Department of Environment and Natural Resources and the Director of the
Division of Water Quality, I, Roger C. Edwards, Division of Water Quality Regional Supervisor for the
Asheville Region, hereby snake the following civil penalty assessment against Bertha S. Burnette:
SURFACE WATER PROTECTION — ASHEVILLE REGIONAL OFFICE One
Location: 2090 U.S. Highway 70, Swannanoa, NC 28778 NorthCarolina
Phone: [phone]FAX: [phone]Customer Service: 1-877-623-6748 Natirrallff
Internet: www.ncwaterguality.orq-Sk

R
BERTHA S BURNETTE �++ 1859
41 Dix Creek One Road
30
Leicester, NC -28748 _ BRAANCH 57 1 o
rQ _ Date
Pay to the
order of
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North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
SURFACE WATER PROTECTION SECTION
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Bertha S. Burnette
41 Dix Creek Rd #1
Leicester, NC .28748
January 28, 2010
7007 1490 0004 0713 8397
SUBJECT:; , Notice of Violation and Assessment of Civil Penalty
for Violations of North Carolina General Statute (G.S.) 143-215.1(a)(6)
and NPDES Permit NCO029882
Bertha S. Burnette
Briarwood WWTP
Case No. LV-2010-0034
Buncombe County
Dear Ms. Burnette:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $270.00
($200.00 civil penalty + $70.00 enforcement costs) against Bertha S. Burnette.
This assessment is based upon the following facts: a review has been conducted of the discharge
monitoring report (DMR) submitted by Bertha S. Burnette for the month of September 2009. This
review has shown the subject facility to be in violation of the discharge limitations and/or monitoring
requirements found in NPDES Permit NCO029882. The violations which occurred in September 2009 are
summarized in Attachment A to this letter.
Based upon the above facts, I conclude as a matter of law that Bertha S. Burnette violated the terms,
conditions or requirements of NPDES Permit NCO029882 and G.S. 143-215.1(a)(6) in the manner and
extent shown in Attachment A. In accordance with the maximums established by G.S. 143-215.6A(a)(2),
a civil penalty may be assessed against any person who violates the terms, conditions or requirements of a
permit required by G.S. 143-215.1(a).
Based upon the above findings of fact and conclusions of law, and in accordance with authority provided
by the Secretary of the Department of Environment and Natural Resources and the Director of the
Division of Water Quality, 1, Roger C. Edwards, Division of Water Quality Regional Supervisor for the
Asheville Region, hereby make the following civil penalty assessment against Bertha S. Burnette:
SURFACE WATER PROTECTION — ASHEVILLE REGIONAL OFFICE One
Location: 2090 U.S. Highway 70, Swannanoa, NC 28778 NorthCaroll/ina
Phone: [phone]\FAX: [phone]\Customer Service: 1-877-623-6748 �%tu1�411/
Internet: www.ncwaterguality.org-lam

I of the 1 violations of G.S. 143-215. 1 (a)(6) and NPDES Permit No.
$100.00 NC0029882, by discharging waste water into the waters of the State
in violation of the Permit Daily Maximum limit for FECAL
COLIFORM.
1 of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Permit No.
$100.00 NC0029882, by discharging waste water into the waters of the State
in violation of the Permit Daily Maximum limit for TOTAL
SUSPENDED SOLIDS Concentration.
$200.00 TOTAL CIVIL PENALTY
$70.00 Enforcement Costs
$270.00 TOTAL AMOUNT DUE
Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty I have taken into account the
Findings of Fact and Conclusions of Law and the factors set forth at G.S. 143B-282.1(b), which are:
S
(1) The degree and extent of harm to the natural resources of the State, to the public health, or to
private property resulting from the violation;
(2) The duration and gravity of the violation;
(3) The effect on ground or surface water quantity or quality or on air quality;
(4) The cost of rectifying the damage;
(5) The amount of money saved by noncompliance;
(6) Whether the violation was committed willfully or intentionally;
(7) The prior record of the violator in complying or failing to comply with programs over which the
Environmental Management Commission has regulatory authority; and
(8) The cost to the State of the enforcement procedures.
Within thirty days of receipt of this notice, you must do one of the following:
Submit payment of the penalty:
Payment should be made directly to the order of the Department of Environment and Natural
Resources (do not include waiver form). Payment of the penalty will not foreclose further enforcement
action for any continuing or new violation(s). Please submit payment to the attention of.
Point Source Compliance/Enforcement Unit
Division of Water Quality
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
OR
2. Submit a written request for remission or mitigation including a detailed justification for
such request:
Please be aware that a request for remission is limited to consideration of the five factors listed below
as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting
remission is not the proper procedure for contesting whether the violation(s) occurred or the accuracy
of any of the factual statements contained in the civil penalty assessment document. Because a
remission request forecloses the option of an administrative hearing, such a request must be

JUSTIFICATION FOR REMISSION REQUEST
DWQ Case Number: LV-2010-0034 County: Buncombe
Assessed Party: Bertha S. Burnette
Permit No.: NC0029882 Amount Assessed: $270.00
Please use this form when requesting remission of this civil penalty. You must also complete the
"Request For Remission, Waiver of Right to an Administrative Hearing, and Stipulation of Facts" form to
request remission of this civil penalty. You should attach any documents that you believe support your
request and are necessary for the Director to consider in evaluating your request for remission. Please be
aware that a request for remission is limited to consideration of the five factors listed below as they may
relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the
proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual
statements contained in the civil penalty assessment document. Pursuant to N.C.G.S. § 143B-282.1(c),
remission of a civil penalty may be granted only when one or more of the following five factors applies.
Please check each factor that you believe applies to your case and provide a detailed explanation,
including copies of supporting documents, as to why the factor applies (attach additional pages as
needed).
(a) one or more of the civil penalty assessment factors in N.C.G.S. 143B-282.1(b) were
wrongfully applied to the detriment of the petitioner (the assessment factors are listed in
the civil penalty assessment document);
(b) the violator promptly abated continuing environmental damage resulting from the violation
(i.e., explain the steps that you took to correct the violation and prevent future
occurrences);
(c) the violation was inadvertent or a result of an accident (i.e., explain why the violation was
unavoidable or something you could not prevent or prepare for);
(d) the violator had not been assessed civil penalties for any previous violations;
(e) payment of the civil penalty will prevent payment for the remaining necessary remedial
actions (i. e., explain how payment of the civil penalty will prevent you from performing
the activities necessary to achieve compliance).
EXPLANATION:

STATE OF NORTH CAROLI], _ _ DEPARTME_ . _ OF ENVIRONMENT
AND NATURAL RESOURCES
COUNTY OF BUNCOMBE
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINSTRATIVE HEARING AND
STIPULATION OF FACTS
BERTHA S. BURNETTE )
BRIARWOOD WWTP 1
PERMIT NO. NCO029882 ) FILE NO. LV-2010-0034
Having been assessed civil penalties totaling $270.00 for violation(s) as set forth in the assessment
document of the Division of Water Quality dated January 28, 2010, the undersigned, desiring to seek
remission of the civil penalty, does hereby waive the right to an administrative hearing in the above -stated
matter and does stipulate that the facts are as alleged in the assessment document. The undersigned
further understands that all evidence presented in support of remission of this civil penalty must be
submitted to the director of the Division of Water Quality within thirty (30) days of receipt of the notice
of assessment. No new evidence in support of a remission request will be allowed after (30) days from
the receipt of the notice of assessment.
This the
day of
►���77.7T.`I'1►
TELEPHONE
SIGNATURE
20

ATTACHMENTA
Bertha S Burnette
CASE NUMBER: LV-2010-0034
PERMIT: NCO029882
FACILITY: Briarwood WWTP
COUNTY: Buncombe
REGION: Asheville
Limit Violations
MONITORING
OUTFALL/
VIOLATION
UNIT OF
CALCULATED
% OVER
PENALTY REPORT
PPI
LOCATION PARAMETER
DATE
FREQUENCY
MEASURE LIMIT
VALUE
LIMIT VIOLATION TYPE
$100.00 9-2009
001
Effluent FEC COLI
09/30/09
Weekly
#/100ml 400
600
50.00 Daily Maximum Exceeded
$100.00 9-2009
001
Effluent TSS - Conc
c
09/30/09
Weekly
mg/I 45
91.4
103.11 Daily Maximum Exceeded

FLUENT
NPDES PERMIT NO. NCO029882 DISCHARGE NO. 001
FACILITY NAME BRIARWOOD SUBDIVISION CLAI
OPERATOR IN RESPONSIBLE CHARGE (ORC) JOSEPH SIMMONS
c, 4J V �.
O V 0 4 2009
ITH SEPT. YEAR 2009
COUNTY BUNCOMBE
►DE III PHONE [phone]

5
1
Facility Status (Please check one of the following)
All monitoring data and sampling frequencies meet permit requirements
Compliant
All monitoring data and sampling frequencies do NOT meet requirements
Noncompliant
If the facility is noncompliant, please comment on corrective actions being taken in respect to equipment, operation, maintenance, etc
and a time table for improvements to be made.
NL+ NO LIMIT
*=BOD - DATA VALID;DUP OUT **=FECAL - DATA VALID; READ AFTER 26 HOURS
***-BOD-DATA VALID;BLANK OUT ****-BOD DATA VALID;GGA & SCF OUT
ELEVATED FECAL COLIFORM-INCREASED CHLORINE DOSAGE TO MEET DEMAND
"I certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance
with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my
inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the
information submitted is to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant
penalties for submitting false information, including the possibility of fines and imprisonment for knowing violations."
3- DIX CREEK#1, LEICESTER, NC 28748
Permittee Address
00010 Temperature
00076 Turbidity
00080 Color (Pt -Co)
00082 Color (ADM[)
00095 Conductivity
00300 Dissolved Oxygen
00310 BOD5
00340 COD
00400 pH
00530 Total Suspended
Residue
00545 Settleable Matter
BRIARWOOD SUBDIVISION
4ermittee (Please print or type)10/23/2009
ature of Per ttee Date
828-697-0063 10/31 /2010
Phone Number Permit Exp. Date
PARAMETER CODES
00556
Oil & Grease
00951
Total Flouride
01067
Nickel
00600
Total Nitrogen
01002
Total Arsenic
01077
Silver
00610
Ammonia Nitrogen
01092
Zinc
00625
Total Kjeldhal
01027
Cadmium
01105
Aluminum
Nitrogen
000630 Nitrate/Nitrites
01032
Hexavalent Chromium
01147
Total Selenium
01034
Chromium
31616
Fecal Coliform
00665
Total Phosphorous
32730
Total Phenolics
00720
Cyanide
01037
Total Cobalt
34235
Benzene
00745
Total Sulfide
01042
Copper
34481
Toluene
00927
Total Magnesium
38260
MBAS
00929
Totall Sodium
01045
Iron
39516
PCBs
00940
Total Chloride
01051
Lead
50050
Flow
50060 Total
Residue
Chlorine
71880 Formaldehyde
71900 Mercury
81551 Xylene'
Parameter Code assistance may obtained b calling the Water Quality Compliance Group at [phone], extension 581 or 534.
The monthly average for fecal coliform is to be reported as a GEOMETRIC mean. Use only units designated in the reporting
facility's permit for reporting data.
*ORC must visit facility and document visitation of facility as required per 15 A NCAC 8A .0202 (b) (5) (B).
**If signed by other than the perrmittee, delegation of signatory authority must be on file with the state per 15A NCAC 213.0506 (b)
r
t G

DIVISION OF `v tx fER QUALITY - CIVIL PENALTY Aoor SSMENT (FILE)
Violator: Bertha S. Burnette
County: Buncombe
Case Number: LV-2010-0034
ASSESSMENT FACTORS
As required by G.S. 143-214.6A(c), in determining the amount of the penalty I considered the factors set out
in G.S. 143B-282.1(b), which are:
1) The degree and extent of harm to the natural resources of the State, to the public health, or to private
property resulting from the violation;
The facility's daily maximum TSS & fecal coliform values exceeded the permit limitations by 103% and
50%, respectively, in September 2009.
2) The duration and gravity of the violation;
High concentrations of TSS & fecal coliform, which occurred on September 24th, were sufficiently high
to cause the facility to violate the daily maximum limitations of 45 mg/l.
3) The effect on ground or surface water quantity or quality or on air quality;
Damage to the receiving stream was not quantified.
4) The cost of rectifying the damage;
The cost of rectifying the damage is unknown.
5) The amount of money saved by noncompliance;
The amount of money saved by noncompliance is the cost of operational adjustments and / or chemicals.
6) Whether the violation was committed willfully or intentionally;
The violation does not appear to be willful or intentional.
7) The prior record of the violator in complying or failing to comply with programs over which the
Environmental Management Commission has regulatory authority; and
During the period 09-01-2008 through 08-31-2009, the facility had the following permit limit violation and
enforcement action.
NOV-2009-LV-0194 During February 2009, the daily maximum fecal coliform limitation was exceeded.
8) The cost to the State of the enforcement procedures.
$70.00
Date
Roger C. Edwards, Regional Supervisor
Surface Water Protection
Asheville Regional Office

iF'�.�t': P:',5iy4?!:E liC3ri
.:Y.STflY^.Gc:: ArsYYiH3,'aC
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NCDENR
North Carolina Department of Environment and Natural Resources
Beverly Eaves Perdue
Governor
Bertha S Burnette
41 Dix Creek Rd #1
Leicester NC 28748
Dear Ms. Burnette:
Division of Water Quality
Coleen H. Sullins
Director
SURFACE WATER PROTECTION SECTION
January 7, 2010
Dee Freeman
Secretary
SUBJECT: Compliance Evaluation Inspection
Briarwood WWTP
Permit No: NCO029882
Buncombe County
Enclosed please find a copy of the Compliance Evaluation Inspection form from the
inspection conducted on December 30, 2009. The facility was found to be in compliance with
permit NC0085952.
Please refer to the enclosed inspection report for additional observations and comments.
If you or your staff should have any questions, please call me at 828-296-4662.
Sincerely,
Wanda P. Frazier
Environmental Specialist
Enclosure
cc: Central Files
NorthCarolina
Aaturallff
SURFACE WATER PROTECTION — ASHEVILLE REGIONAL OFFICE
Location: 2090 U.S. Highway 70, Swannanoa, NC 28778
Phone: [phone] FAX: [phone] Customer Service: 1-877-623-6748
Internet: www.ncwatergualitV.org

United States Environmental Protection Agency
Form Approved.
EPA Washington, D.C. 20460
OMB No. 2040-0057
Water Compliance inspection Report
Approval expires 8-31-98
Section A: National Data System Coding (i.e., PCS)
Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type
1 I NI 2 15I 31 NCO029882 111 121 09/12/30 117 18I CI 191 SI 201 I
Remarks
211IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII16
Inspection Work Days Facility Self -Monitoring Evaluation Rating 131 QA ------------------Reserved --------------- —
67I 1.0 169 701 31 711 I 721 NJ 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) .
Briarwood WWTP
01:40 PM 09/12/30
05/11/01
Exit Time/Date
Permit Expiration Date
41 Dix Creek Rd
Leicester NC 28748
01:55 PM 09/12/30
10/10/31
Name(s) of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s)
Other Facility Data
Terry Kay Barr/ORC/828-697-0063/
Name, Address of Responsible Official/iitle/Phone and Fax Number
Contacted
Bertha S Burnette,41 Dix Creek Rd #1 Leicester NC 28748//828-683-3791d
0
Section C: Areas Evaluated During Inspection (Check only those areas evaluated)
Permit ® Operations & Maintenance E Records/Reports Facility Site Review
Effluent/Receiving Waters
Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary)
(See attachment summary)
Name(s) and Signature(s) of Inspector(s) Agency/Office/Phone and Fax Numbers Date
Wanda P Frazier ARO WQ//828-296-4500 Ext.4662/
Signature of Management Q A Reviewer Agency/Office/ ne and Fax Numbers Date
�,
i` •_; L
mac. ;Zd rCzZ�'• ,J l Z-C/0
EPA Form 3560-3 (Rev 9-94) Previous editions are obsolete.
Page # 1

NPDES yr/mo/day Inspection Type
3I NCO029882 I11 12I 09/12/30 117 18ICI
(cont.)
Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary)
OPERATIONS AND MAINTENANCE / EFFLUENT / SUMMARY:
Ms. Juanita James, assisted in the inspection.
This facility appears to be well operated and maintained.
The effluent appeared to be clear, indicating compliance with permit limits.
PERMIT / INSPECTION / LOG:
A review of the files indicates that the last compliance evaluation inspection was conducted on
12-19-2008 by Wanda Frazier.
A copy of the current permit was on -site.
The permit expires on 10-31-2010. Please request a permit renewal 6 months prior to expiration.
A renewal notice will be mailed as a reminder.
The log book was present on -site and had good notation of daily events.
PERFORMANCE ANNUAL REPORT:
The 2008 Annual Performance Report had been filed for the year.
The 2009 Annual Report is due no later than 60 days of the end of the reporting period.
(Note: The owner or operator of any wastewater treatment works or wastewater collection systems that
treats or collects primarily domestic or municipal waste must provide an Annual Report to its users or
customers and to the Department of Environment and Natural Resources that summarizes the treatment
works' and collection system's performance over a 12 month period.)
Page # 2

Permit: NCO029882 Owner - Facility: Briarwood WWl-P
Inspection Date: 12/30/2009 Inspection Type: Compliance Evaluation
Permit
Yes
No
NA NE
(If the present permit expires in 6 months or less). Has the permittee submitted a new application?
❑
❑
■
❑
Is the facility as described in the permit?
■
n
❑
❑
# Are there any special conditions for the permit?
n
■
n
n
Is access to the plant site restricted to the general public?
■
n
n
n
Is the inspector granted access to all areas for inspection?
■
n
n
n
Comment:
Bar Screens
Yes
No
NA
NE
Type of bar screen
a.Manual
■
b.Mechanical
fl
Are the bars adequately screening debris?
■
n
n
n
Is the screen free of excessive debris?
■
n
n
n
Is disposal of screening in compliance?
■
n
n
n
Is the unit in good condition?
■
n
n
n
Comment:
Aeration Basins
Yes
No
NA
NE
Mode of operation
Ext.
Air
Type of aeration system
Diffused
Is the basin free of dead spots?
■
❑
n
n
Are surface aerators and mixers operational?
❑
❑
■
❑
Are the diffusers operational?
■
n
n
n
Is the foam the proper color for the treatment process?
■
n
n
n
Does the foam cover less than 25% of the basin's surface?
■
n
n
n
Is the DO level acceptable?
■
n
n
n
Is the DO level acceptable?(1.0 to 3.0 mg/I)
■
❑
❑
❑
Comment:
Secondary Clarifier
Yes
No
NA
NE
Is the clarifier free of black and odorous wastewater?
■
n
n
n
Is the site free of excessive buildup of solids in center well of circular clarifier?
❑
❑
■
❑
Are weirs level?
■
n
n
n
Page # 3

Permit: NC0029882 Owner -Facility: Briarwood WWfP
Inspection Date: 12/30/2009 Inspection Type: Compliance Evaluation
Secondary Clarifier
Yes
No
NA
NE
Is the site free of weir blockage?
■
n
❑
n
Is the site free of evidence of short-circuiting?
■
n
n
n
Is scum removal adequate?
■
❑
❑
n
Is the site free of excessive floating sludge?
■
n
n
n
Is the drive unit operational?
n
n
■
❑
Is the return rate acceptable (low turbulence)?
■
n
n
n
Is the overflow clear of excessive solids/pin floc?
■
n
n
n
Is the sludge blanket level acceptable? (Approximately''/ of the sidewall depth)
o
n
n
n
Comment:
Disinfection -Tablet
Yes
No
NA
NE
Are tablet chlorinators operational?
■
n
n
n
Are the tablets the proper size and type?
■
❑
n
❑
Number of tubes in use?
2
Is the level of chlorine residual acceptable?
®
n
❑
n
Is the contact chamber free of growth, or sludge buildup?
■
n
n
n
Is there chlorine residual prior to de -chlorination?
■
n
n
n
Comment:
_
Yes
No
NA
NE
Type of system ?
Tablet
Is the feed ratio proportional to chlorine amount (1 to 1)?
n
n
■
❑
Is storage appropriate for cylinders?
o
n
■
❑
# Is de -chlorination substance stored away from chlorine containers?
■
n
n
n
Comment:
Are the tablets the proper size and type?
■
n
n
n
Are tablet de -chlorinators operational?
■
❑
❑
n
Number of tubes in use?
1
Comment:
Effluent Pipe
Yes
No
NA
NE
Is right of way to the outfall properly maintained?
■
n
n
n
Are the receiving water free of foam other than trace amounts and other debris?
■
n
n
n
Page # 4

Permit: NCO029882
Inspection Date: 12/30/2009
Effluent Pipe
If effluent (diffuser pipes are required) are they operating properly?
Comment:
Owner - Facility: Briarwood WWfP
Inspection Type: Compliance Evaluation
Operations & Maintenance Yes No. NA NE
Is the plant generally clean with acceptable housekeeping? ©❑ ❑ ❑
Does the facility analyze process control parameters, for ex: MLSS, MCRT, Settleable Solids, pH, DO, Sludge ■ ❑ ❑ ❑
Judge, and other that are applicable?
Comment:
Page # 5

Amin
North Carolina Department of Environment and Natural Resources
Beverly Eaves Perdue
Governor
Ms. Bertha S Burnette
41 Dix Creek Rd #1
Leicester, NC 28748
Dear Ms. Burnette:
Division of Water Quality
Coleen H. Sullins
Director
SURFACE WATER PROTECTION SECTION
April 27, 2009
Subject:
Dee Freeman
Secretary
NOTICE OF VIOLATION
NOV-2009-LV-0194
Permit No. NCO029882
Briarwood WWTP
Buncombe County
A review of Briarwood WWTP's monitoring report for February 2009 showed the following
violation:
Parameter
Date
Limit Value
Reported
Limit Type
Fecal Coliform, membrane
filter, M-FC Broth @ 44.5 °C
02/28/09
400 #/100ml
770 #/100ml
Daily Maximum Exceeded
Remedial actions, if not already implemented, should be taken to correct any problem. Since
the comments section on the reverse of the relevant DMR provided an adequate explanation for the
subject violation, it is not requested that a response be submitted: however, should you have
additional information concerning the violations or comments which you wish to present, please
submit them to the attention of Wanda Frazier.
The Division of Water Quality may pursue enforcement actions for this and any additional
violations. If the violations are of a continuing nature, not related to operation and/or maintenance
problems, and you anticipate remedial construction activities, then you may wish to consider applying for
a Special Order by Consent. You may contact Keith Haynes of this office for additional information.
If you should have any questions, please do not hesitate to contact Wanda Frazier or me at 828-
296-4500.
Sincerely,
Roger C. Edwards, Regional Supervisor
Surface Water Protection Section
cc: WQ Central Files
Bob Guerra, Western NPDES Point Source Compliance Enforcement Unit
One
NorthCaro!;na
Naturally
North Carolina Division of Water Quality 2090 U.S. Highway 70 Swannanoa, N.C. 28778 Phone [phone] Customer Service
Internet: www.ncwaterguality.org FAX [phone]

JAMES & JAMES ENVIRONMENTAL MANAGEMENTJNC_ _ ;
PO BOX 1354, MOUNTAIN HOME, NC 28758
[phone] OFFICE
[phone] FAX
PERFORMANCE ANNUAL REPORT - 2008
Briarwood Sub -Division Mr. David Bumette Permit Number: I�—CO• 0 2-
Cn -
C
System Description - _ ---
An extended aeration basin with gravity flow influent into a 7,500 gallon treatment facility,
clarifier, tablet feed chlorinator, chlorine contact chamber, tablet feed de -chlorinator, and effluent gravity
ty--
line.
Performance for 2008
This system had one violation the entire year of 2008 with regard to Total Suspended Solids. The
rest of the year the facility ran very well. During the year, the facility was pumped to keep the solids level
at an acceptable level. This system builds solids rather quickly, and the operator was instructed to conduct
30 minute settleometers every two weeks to watch the development of the sludge.
Violations for 2008 and corrective actions taken
February 28, 2008 — TSS @ 46.3 mg/I — pumped the facility
This report has been sent to the Owner with directions to give notification of the availability of this report
to each of their users. A certified statement will be sent to the State when this notice has been issued.
I certify under penalty of law that this report is complete and accurate to the best of my knowledge. I
further certify that this report has been made available to the users or customers of the named system and
that those users have been notified of its availability. I also certify that this report has been given to the
owner of this facility with explicit directions to make the user aware of the availability of this report and the
location with which a copy can be viewed or received. James & James Environmental Mgt., Inc cannot
certify that the latter has been completed and will enclose a letter of certification to be mailed to the State
of North Carolina on behalf of this entity along with all pertinent information regarding this system for the
conclusion of this requirement.
Thank you,
uanita Jame
James & James Environmental Management, Inc.
2/20/09
MAR - 4 2009
®ENR . WATER OUALiTY
POINT SOURCE BRANCH

PERFORMANCE ANNUAL REPORT - 2008
Briarwood Sub -Division Mr. David Burnette
Permit Number: NCO029882
A copy of the Performance Annual Report has already been filed with the,
State of North Carolina Division of Water Quality in triplicate by James &
James Environmental Management, Inc. and should be in your possession at
this time. On that report, the certification was stated that I, the responsible
party of this facility, has received a copy .of this report and was directed to
give the users knowledge of this report and access to it.
Therefore:
I .certify under penalty of law that this report prepared by James & James
Environmental Management, Inc. is complete and accurate to the best of my
knowledge. I further certify that this report has been made available to the
users or customers of this documented system and that those users have been
notified of its availability.
Tank you,
David Burnette
Briarwood Sub -Division

W A T , Michael F. Easley, Governor
O� �Rgn
William G. Ross Jr., Secretary
= w` �orth Carolina Department of Environment and Natural Resources
C Coleen H. Sullins, Director
O ,.. Division of Water Quality
Asheville Regional Office
SURFACE WATER PROTECTION SECTION
December 30, 2008
Mrs. Bertha S. Burnette
41 Dix Creek Road#1
Leicester, North Carolina 28748
SUBJECT: Compliance Evaluation Inspection
Status: Compliant
Briarwood WWTP
Permit No: NCO029882
Buncombe County
Dear Mrs. Burnette:
Enclosed please find a copy of the Compliance Evaluation Inspection form from the
inspection conducted on December 19, 2008. The facility appeared to be in compliance with
permit number NC0062634. James and James Environmental Management appear to be doing
a fine job operating and maintaining this facility.
Please refer to the enclosed inspection report for additional observations and comments.
If you or your staff should have any questions, please call me at 828-296-4500, extension 4662.
Sincerely,
i
Wanda P. Frazier
Environmental Specialist
Enclosure
c1NC��S'INP Ash`evrile�Flles
DWQ-SWP Central Files
James & James Environmental Mgmt w/ attachment
G:\WPDATA\DEMWQ\Buncombe\29882 Briarwood Subdivision\29882 CEI 2008.doc
North Carolina
Xwumlly
2090 US Hwy 70, Swannanoa, NC 28778 Telephone: [phone] Fax: [phone] Customer Service 1-877-623-6748

United States Environmental Protection Agency
Form Approved.
EPA Washington, D.C. 20460
OMB No. 2040-0057
Water Compliance Inspection Report
Approval expires 8-31-98
Section A: National Data System Coding (i.e., PCS)
Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type
1 ! j 2 15I 3I NC0029882 111 12I 08/12/19 117 18I C 19I SI 20LII
-J t-
Remarks
21IIIIIIIIIII1IIIIIIIIIIIIIIIIIIII1IIIIIII1I111116.
Inspection Work Days Facility Self -Monitoring Evaluation Rating 131 QA ------------- —------------ Reserved ----------------------
67I 1.0 169 70131 71II 72IJ 731 1 174 751 I I I I I I _I 80
Section B: Facility Data
Name and Location of Facility Inspected (For Industrial Users discharging to POTW, also include
Entry Time/Date
Permit Effective Date
POTW name and NPDES permit Number)
Briarwood WWTP
03:05 PM 08/12/19
05/11/01
Exit Time/Date
Permit Expiration Date
41 Dix Creek Rd
Leicester NC 28748
03:15 PM 08/12/19
10/10/31
Name(s) of Onsite Re presentative (s)/Titles(s)/Phone and Fax Number(s)
Other Facility Data
Juanita Reed James/ORC/828-697-0063/
Name, Address of Responsible Official[Title/Phone and Fax Number
Contacted
Bertha S Burnette,41 Dix Creek Rd #1 Leicester NC 28748//828-683-379U
U.
Section C: Areas Evaluated During Inspection (Check only those areas evaluated)
Permit EM Operations & Maintenance ® Facility Site Review Re Effluent/Receiving Waters
Section D: Summary of Finding/Comments Attach additional sheets of narrative and checklists as necessary)
(See attachment summary)
Name(s) and Signature(s) of Inspector(s) Agency/Office/Phone and Fax Numbers Date
Wanda P Frazier ARO WQ//828-296-4500 Ext.4662/
rZ
Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date
R-41� r,�:) C—%��
EPA Form 3560-3 (Rev 9-94) Previous editions are obsolete.
Page # 1

NPDES yr/mo/day Inspection Type
3I NCO029882 I11 12I 08/12/19 117 18N
(cont.) 1
Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary)
Records & Reports:
A review of the files indicates that the last compliance evaluation inspection was
conducted on April 29, 2008 by Janet Cantwell.
The permit expires on 10/31/2010. Please request a permit renewal 6 months prior to
expiration. A renewal notice will be mailed as a reminder.
The Annual Performance Report is due March 1, 2009.
The log book was present on -site and had good notation of daily events.
Operations & Maintenance / Summary:
This facility appears to be well operated and maintained.
Effluent:
The effluent appeared to be clear, indicating compliance with permit limits.
Page # 2

}
Permit: NCO029882 Owner - Facility: Briarwood WWTP
Inspection Date: 12119/2008 Inspection Type: Compliance Evaluation
Permit
Yes
No
NA
NE
(If the present permit expires in 6 months or less). Has the permittee submitted a new application?
❑
❑
❑
Is the facility as described in the permit?
❑
❑
❑
# Are there any special conditions for the permit?
❑
❑
❑
Is access to the plant site restricted to the general public?
0
❑
❑
❑
Is the inspector granted access to all areas for inspection?
0
❑
ri
❑
Comment:
Effluent Pipe
Yes
No
NA
NE
Is right of way to the outfall properly maintained?
0
❑
110
Are the receiving water free of foam other than trace amounts and other debris?
❑
❑
❑
If effluent (diffuser pipes are required) are they operating properly?
❑
❑
N
❑
Comment:
Rnr Arraan¢
Yes
No
NA
NE
Type of bar screen
a.Manual
b.Mechanical
❑
Are the bars adequately screening debris?
❑
.❑
❑
Is the screen free of excessive debris?
❑
❑
❑
Is disposal of screening in compliance?
❑
❑
❑
Is the unit in good condition?
®❑
❑
❑
Comment:
Aeration Basins
Yes
No
NA
NE
Mode of operation
Ext. Air
Type of aeration system
Diffused
Is the basin free of dead spots?
®❑
❑
❑
Are surface aerators and mixers operational?
❑
❑
®❑.
Are the diffusers operational?
®❑
❑
❑
Is the foam the proper color for the treatment process?
■
❑
❑
❑
Does the foam cover less than 25% of the basin's surface?
®❑
Cl
❑
Is the DO level acceptable?
®
❑
❑
❑
Is the DO level acceptable?(1.0 to 3.0 mg/1)
®
❑
❑
❑
Page # 3

r
Permit: NC0029882 Owner - Facility: Briarwood WWTP
Inspection Date: 12/19/2008 Inspection Type: Compliance Evaluation.
Aeration Basins
Yes
No
NA
NE
Comment:
Secondary Clarifier
Yes
No
NA
NE
Is the clarifier free of black and odorous wastewater?
❑
0
0
Is the site free of excessive buildup of solids in center well of circular clarifier?
n
n
®
0
Are weirs level?
R
n
n
n
Is the site free of weir blockage?
®❑
Q
❑
Is the site free of evidence of short-circuiting?
Is scum removal adequate?
®
Q
Is the site free of excessive floating sludge?
❑
❑
n
Is the drive unit operational?
❑
❑
®
D
Is the return rate acceptable (low turbulence)?
Is the overflow clear of excessive solids/pin floc?
®
❑
Cl
❑
Is the sludge blanket level acceptable? (Approximately'/4 of the sidewall depth)
®n
n
n
Comment:
Disinfection -Tablet
Yes
No
NA
NE
Are tablet chlorinators operational?
®
❑
Q
Q
Are the tablets the proper size and type?
Cl
❑
Number of tubes in use?
2
Is the level of chlorine residual acceptable?
Is the contact chamber free of growth, or sludge buildup?
®❑
Is there chlorine residual prior to de -chlorination?
®❑
❑
❑
Comment:
M
Yes
No
NA
NE
Type of system ?
Tablet
Is the feed ratio proportional to chlorine amount (1 to 1)?
0
Cl
in
D
Is storage appropriate for cylinders?
❑
❑
# Is de -chlorination substance stored away from chlorine containers?
®
n
n
p
Comment:
Are the tablets the proper size and type?
®
n
n
❑
Are tablet de -chlorinators operational?
❑
❑
Q
Page # 4

Permit: NCO029882
Inspection Date: 12/19/2008
tiw M..,,...t�..�
Number of tubes in use?
Comment:
Owner - Facility: Brianaood WWTP
Inspection Type: Compliance Evaluation
0
Operations &a Maintenance Yes No NA NE
Is the plant generally clean with acceptable housekeeping? 0 ❑ ❑
Does the facility analyze process control parameters, for ex: MLSS, MCRT, Settleable Solids, pH, DO, Sludge 10 0 0
Judge, and other that are applicable?
Comment:
Page # 5

FyTa';'�-d
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
July 25, 2008
BERTHA S BURNETTE
41 DIX CREEK RD # 1
LEICESTER NC 28748
SUBJECT: Payment Acknowledgment
Civil Penalty Assessment
Briarwood WWTP
Permit Number: NCO029882
Case Number: LV-2008-0019
Buncombe County
Dear Ms. Burnette:
Coleen H. Sullins, Director
-Division of Water Quality
f� E E E
L�
1
JUL 2 9 2008 I
WATER QUALITY SECTION
ASHEVILLE REGIONAL OFFICE
This letter is to acknowledge receipt of check number 18984 in the amount of $165.07 received
from you dated July 18, 2008. This payment satisfies in full the above civil assessment levied
against the subject facility, and this case has been closed. Payment of this penalty in no way
precludes future action by this Division for additional violations of the applicable Statutes,
Regulations, or Permits.
If you have any questions, please call Bob Guerra at 919-807-6387.
cc: Central Files
--DWQ Asheville Re6onal Office Supervisor
Mailing Address Phone [phone]
1617 Mail Service Center Fax [phone]
Raleigh, NC 27699-1617
Sincerely,
Dina Sprinkle
ne
Location N6 thCarol
512 N. Salisbury St. ;/ atunall
Raleigh, NC 27604
Internet: www.newateruuality.org Customer Service 1-877-623-6748
An Equal Opportunity/Affirmative Action Employer— 50% Recycled/10% Post Consumer Paper

0�0� W AT �q
� r
P 19 �..
June 9, 2008
CERTIFIED MAIL 7007-0710-0000-5376-7785
RETURN RECEIPT REQUESTED
James & James Environmental Management, Inc.
PO Box 1354
Mountain Home, NC 28758
Dear Mrs. James:
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Coleen H. Sullins, Director
—Division of. ater uality
F D
0
JUN 13 2008
WATER QUALITY SECTION
ASHEVILLE REGIONAL OFFICE
Subject: Remission Request of Civil Penalty Assessment
Bertha S. Burnett — Briarwood WWTP
NPDES Permit NCO029882
Buncombe County
Case Number LV-2008-0019
I have considered the information submitted in support of your request for remission in accordance
with North Carolina General Statute (N.C.G.S.) § 143-215.6A(f) and have found no grounds to remit
your $165.07 civil penalty assessment and enforcement costs.
If you choose to pay the civil penalty assessments and enforcement costs of $165.07, please send
payment to me at the letterhead address within thirty (30) days of receipt of this letter. Please make
your check payable to the Department of Environment and Natural Resources (DENR).
If payment is not received within thirty (30) days of receipt of this letter, in accordance with N.C.G.S. §
143-215.6A(f), your request for remission of the civil penalty (with supporting documents) and my
recommendation to deny the request (with supporting documentation) will be delivered to the North
Carolina Environmental Management Commission's (EMC) Committee On Civil Penalty Remissions
(Committee) for final agency decision.
If you desire to make an oral presentation to the Committee on why your request for remission meets
one or more of the five statutory factors you were asked to address, you must complete and return the
attached form within thirty (30) days of receipt of this letter. Please mail the completed form to the
attention of Bob Guerra, NPDES Western Unit at the following address:
.One hCarolina
Naturally
North Carolina Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Phone [phone] Customer Service
Internet: www.ncwaterquality.ora Location: 512 N. Salisbury St. Raleigh, NC 27604 Fax [phone]
An Equal Opportunity/Affirmative Action Employer —50% Recycled/10% Post Consumer Paper

Point Source Branch
Division of Water Quality
1617 Mail Service Center
Raleigh, NC 27699-1617
Your request for an oral presentation and the documents in this matter will be reviewed by the EMC
Chairman and, if it is determined that there is a compelling reason to require an oral presentation from
you, you will be notified by certified mail of the date, time, and place that your oral presentation can be
made. Otherwise, the final decision on your request for remission will be made by the Committee
based on the written record.
Thank you for your cooperation in this matter. If you have any questions about this letter, please
contact Bob Guerra at [phone], extension 539.
Sincerely,
oleen H. Sullins
Attachment
cc: Asheville Regional_ Office
Enforcement file
Central Files

STATE OF NORTH CAROLINA
MRS. BERTHA S. BURNETTE
IN THE MATTER OF ASSESSMENT
OF CIVIL PENALTIES AGAINST:
BRIARWOOD WWTP NCO029882
ENVIRONMENTAL MANAGEMENT
COMMISSION
DWQ Case Number LV-2008-0019
REQUEST FOR ORAL PRESENTATION
I hereby request to make an oral presentation before the Environmental Management
Commission's Committee On Civil Penalty Remissions in the matter of the case noted above. In
making this'request, I assert that I understand all of the following statements:
• This request will be reviewed by the Chairman of the Environmental Management
Commission and may be either granted or denied.
• Making a presentation will require the presence of myself or my representative during a
Committee meeting held in Raleigh, North Carolina.
• My presentation will be limited to discussion of issues and information submitted in my
original remission request, and because no factual issues are in dispute, my presentation will.
be limited to five minutes in length.
This the
day of
20
SIGNATURE
TITLE (President, Owner, etc.)
ADDRESS
TELEPHONE

O
E—] F O COPY North Carolina Department
Michael F. Easley, Governor
William G. Ross Jr., Secretary
vironment and Natural Resources
SURFACE WATER PROTECTION SECTION
Mrs. Bertha S. Burnette
41 Dix Creek Road #1
Leicester, North Carolina 28748
Dear Mrs. Burnette:
May 5, 2008
Coleen H. Sullins, Director
Division of Water Quality
Asheville Regional Office
SUBJECT: Compliance Evaluation Inspection
Status: Compliant
Briarwood WWTP
Permit No: NCO029882
Buncombe County
Enclosed please find a copy of the Compliance Evaluation Inspection form from
the inspection conducted on April 29, 2008. The facility appeared to be in compliance
with permit NC0029882. The kind assistance of Mrs. Juanita James during the inspection
was appreciated. The facility is well operated and maintained.
Please refer to the enclosed inspection report for additional observations and
comments. If you or your staff have any questions, please call me at 828-296-4500, Ext.
4667.
Sincerely,
et Cantwell
Environmental Specialist
Enclosure
DWQ-SWP Central Files
James & James Environmental/ ORC w/ attachment
G:\WPDATA\DEMWQ\Buncombe\29882 Briarwood Subdivision\29882.CEI.08.doc
NorthCarolina
lvatura!!rl
2090 U.S. Highway 70, Swannanoa, NC 28778 Telephone: [phone] Fax: [phone] Customer Service 1 877 623-6748

United States Environmental Protection Agency
Form Approved.
• Washington, D.C. zoaso
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 NCO029882 111 121 08/04/29 117
181CI 191Sl 20I lI
Remarks
211111IIIIIIIIIIIIIIII IIIIIIII IIIIIIIIIIII
III11116
Inspection Work Days Facility Self -Monitoring Evaluation Rating B1 QA
--------- ----------- —Reserved ---------- ---------
67 I 169 701 I 71 I_I 721 NJ
73 IW I. 174 751 I I I I I I 180
Section B: Facility Data
Name and Location of Facility Inspected (For Industrial Users discharging to POTW, also include
Entry Time/Date
Permit Effective Date
POTW name and NPDES permit Number)
01:25 PM 08/04/29
05/11/01
Briarwood WWTP
Exit Time/Date
Permit Expiration Date
41 Dix Creek Rd
Leicester NC 28748
01:45 PM 08/04/29
10/10/31
Name(s) of Onsite Representative (s)/Titles(s)/Phone and Fax Number(s)
Other Facility Data
Juanita Reed James/ORC/828-697-0063/
Name, Address of Responsible Official/Title/Phone and Fax Number
Contacted
Bertha S Burnette,41 Dix Creek Rd #1 Leicester NC 28748//828-683-379Id.
Section C: Areas Evaluated During Inspection (Check only those areas evaluated)
Permit Operations & Maintenance E Records/Reports
Self -Monitoring Program
Facility Site Review
Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary)
(See attachment summary)
Name(s) and Signature(s) of Inspector(s) Agency/Office/Phone and Fax Numbers Date
Janet Cantwell ARO WQ//828-296-4500 Ext.4667/
Signature of M g eviewer Agency/Office/Phone and Fax Numbers Date
EPA Form 3560-3 (Rev 9-94) Previous editions are obsolete.
Page # 1

Permit: NCO029882 Owner -Facility: Briarwood WWTP
Inspection Date: 04/29/2008 Inspection Type: Compliance Evaluation
Permit
Yes
No
NA
NE
(If the present permit expires in 6 months or.less). Has the permittee submitted a new application?
❑
❑
■
n
Is the facility as described in the permit?
®❑
❑
❑
# Are there any special conditions for the permit?
n
®n
❑
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:
Operations & Maintenance Yes
No
NA
NE
Is the plant generally clean with acceptable housekeeping? ■
n
n
n
Does the facility analyze process control parameters, for ex: MLSS, MCRT, Settleable Solids, pH, DO, Sludge ■
n
n
n
Judge, and other that are applicable?
Comment:
Record Keeping Yes
No
NA
NE
Are records kept and maintained as required by the permit? ®❑
❑
❑
Is all required information readily available, complete and current? ®❑
n
❑
Are all records maintained for 3 years,(lab. reg. required 5 years)?
Are analytical results consistent with data reported on DMRs?
Is the chain -of -custody complete?
Dates, times and location of sampling
Name of individual performing the sampling
Results of analysis and calibration
Dates of analysis
Name of person performing analyses
Transported COCs
Are DMRs complete: do they include all permit parameters?
_■.nnn
nnn■
Has the facility submitted its annual compliance report to users and DWQ?
(If the facility is = or > 5 MGD permitted flow) Do they operate 24/7 with a certified operator on each shift?
Is the ORC visitation log available and current?
Is the ORC certified at grade equal to or higher than the facility classification?
Is the backup operator certified at one grade less or greater than the facility classification?
Is a copy of the current NPDES permit available on site?
nnn■
n
n
n
n
n
■nnn
■nnn
nn■n
■ n n n
■ n n n
■ n n n
■ n n n
Page # 3
s

Permit: NC0029882
Inspection Date: 04/29/2008
Owner - Facility: Briarwood VWVTP
Inspection Type: Compliance Evaluation
Disinfection -Tablet
Yes No
NA
NE
Is the level of chlorine residual acceptable?
®1:1
Is the contact chamber free of growth, or sludge buildup?
■ 1100
Is there chlorine residual prior to de -chlorination?
® n
n
n
Comment:
Type of system ? Tablet
Is the feed ratio proportional to chlorine amount (1 to 1)? rl fl
Is storage appropriate for cylinders? ❑ n ® ❑
# Is de -chlorination substance stored away from chlorine containers? ■ n fl
Comment:
Are the tablets the proper size and type? ®n
Are tablet de -chlorinators operational? ®Q
Number of tubes in use?
Comment:
Page # 5

W A TF Michael F. Easley, Governor
Q �Q William G. Ross Jr., Secretary
Copt;�. 1, North Caro; apartment of Environment and Natural Resources
CO
' , t. Coleen IA. Sullins, Director
> Division of Water Quality
Asheville Regional Office
CERTIFIED MAIL
RETURN RECEIPT R
Mrs. Bertha S. Burnette
SURFACE WATER PROTECTION SECTION
April 29, 2008
ESTED 7002 0460 0001 9899 7774
Leicester, North Carolina 28748
Subject: NOTICE OF VIOLATION
NOV-2008-LV-0193
Permit No. NCO029882
Briarwood WWTP
Buncombe County
Dear Mrs. Burnette:
A review of Briarwood WWTP's monitoring report for February 2008 showed the following violation:
Parameter
Date
Limit Value
Reported Value
Limit Type
Solids, Total Suspended
02/29/08
45 mg/I
46.3 mg/I
Daily Maximum
Exceeded
Remedial actions, if not already implemented, should be taken to correct any problem. Since the comments
section on the reverse of the relevant DMR provided an adequate explanation for the subject violation, it is not requested
that a response be submitted: however, should you have additional information concerning the violations or comments
which you wish to present, please submit them to the attention of Janet Cantwell.
The Division of Water Quality may pursue enforcement actions for this and any additional violations of State law.
If you should have any questions, please do not hesitate to contact Janet Cantwell or me at 828/296-4500.
Sincerely,
Roger C. Edwards, Regional Supervisor
Surface Water Protection Section
DWQ-SWP Central Files
Bob Guerra/ DWQ-SWP Enforcement Files
James & James Environmental/ ORC
G:\WPDATA\DEMWQ\Buncombe\29882 Rriarwnnri Snhriivi_,inn\9PAR9 Nc)v-9nn8-i v-niaa rinc
North Carolina Division of Water Quality
Internet: www.ncwatercluality.org
NorthCarolina
'Vatur'711Y
2090 U.S. Highway 70 Swannanoa, N.C. 28778 Phone[phone] Customer Service
FAX [phone]

LV-2008-0019
iw
Subject: LV-2008-0019
From: Roy Davis <[e-mail]>
Date: Wed, 20 Feb 2008 11:04:16 -0500
To: Bob Guerra. <Bob. [e-mail]>, Roger Edwards <[e-mail]>,
"janet.cantwell >> Janet Cantwell" <[e-mail]>, Roy Davis <[e-mail]>
Violations were the result of poor operations. The ORC choose to use effluent limits violations as an
indicator that time had arrived to waste activated sludge. It is our recommendatin that the CP not be
remitted. See attached Civil Assessment Remission Factors. Roy Davis
Roy Davis - [e-mail]
North Carolina Dept. of Environment and Natural Resources
Asheville Regional Office
Division of Water Quality - Water Quality Section
2090 U.S. 70 Highway
Swannanoa, NC 28778
Tel: [phone]
Fax: [phone]
Roy Davis <Roy.Davis(c�ncmail.net>
NC DENR - Asheville Regional Office
Division of Water Quality - Water Quality Section
.1 of 1 2/20/2008 11:04 AM

v
Case Number:
Assessed Entity:
DWQ - CIVIL ASSESSMENT REMISSION FACTORS
LV-2008-0019 Region: Asheville
Mrs. Bertha S. Burnett/Briarwood WWTP
County:
Permit:
Buncombe
NCO029882
No❑ (a) Whether one or more of the civil penalty assessment factors were wrongly applied to the
detriment of the petitioner:
Notes:
No❑ (b) Whether the violator promptly abated continuing environmental damage resulting from
the violation:
Notes: Violation evidently continued until the aeration basin activated sludge level was reduced.
Yes❑ (c) Whether the violation was inadvertent or a result of an accident:
Notes: Violation was due to substandard operations in that ORC waited for effluent limits violations to
occur before wasting activated sludge.
Yes ❑ (d) Whether the violator had been assessed civil penalties for any previous violations:
Notes: Violator has been assessed CPs on three occasions since 2003 for Limits Violations.
No❑ (e) Whether payment of the civil penalty will prevent payment for the remaining necessary
remedial actions:
Notes:
DECISION (Check One)
Request Denied ❑
Full Remission ❑ Retain Enforcement Cost? Yes ❑ No ❑
Partial Remission ❑ $ (Enter Amount)
Rev. 7/2007
Coleen H. Sullins Date

I
-Pmj,O-4- (,"tLe-L- e.�):
FIA
�olbw)f "IrfIrIf 11 1 Moll i M4
k'VP,TEn
P�s CTION
POINT SOURCE BRANCH
.1617 MAIL SERVICE CENTER'
RALEIGH, NC 27699-1617
919-733-5083
FAX: [phone]
kZ6

JUS' ICATION FOR REMISSION RE( ST
DWQ Case Number: LV-2008-0019 County. Buncombe
Assessed Party: Mrs. Bertha S. Burnette/ Briarwood WWTP
Permit No.: NCO029882 Amount Assessed: $165.07
Please use this form when requesting remission of this civil penalty. You must also complete the
"Request For Remission, Waiver of Right to an Administrative Hearing, and Stipulation of Facts"
form to request remission of this civil penalty. You should attach any documents that you believe
support your request and are necessary for the Director to consider in evaluating your request for
remission. Please be aware that a request for remission is limited to consideration of the five factors
listed below as they may relate to the reasonableness of the amount of the civil penalty assessed.
Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or
the accuracy of any of the factual statements contained in the civil penalty assessment document.
Pursuant to N.C.G.S. § 14313-282.1(c), remission of a civil penalty may be granted only when one or
more of the following five factors applies. Please check each factor that you believe applies to your
case and provide a detailed explanation, including copies of supporting documents, as to why the
factor applies (attach additional pages as needed).
_ (a) one or more of the civil penalty assessment factors in N.C.G.S. 143B-282.l(b) were
wrongfully applied to the detriment of the petitioner (the assessment factors are listed in the civil
penalty assessment document);
J_ (b) the violator promptly abated continuing environmental damage resulting from the
violation (i.e., explain the steps that you took to correct the violation and prevent future occurrences);
(c) the violation was inadvertent or a result of an accident (i.e., explain why the violation
was unavoidable or something you could not prevent or prepare for);
(d) the violator had not been assessed civil penalties for any previous violations;
_ (e) payment of the civil penalty will prevent payment for the remaining necessary remedial
actions (i. e., explain how payment of the civil penalty will prevent you from performing the activities
necessary to achieve compliance).
EXPLANATION: a6 A- r W-CLI e��
c�etie i1k.i,�wv�-� -�`
Vim : V
as 7 l ek e C ¢yt QZcLLr rF_ VO

STATE OF NORTH CAROL
DEPARTh T OF ENVIRONMENT
AND NATURAL RESOURCES
COUNTY OF BUNCOMBE
IN THE MATTER OF ASSESSMENT
OF CIVIL PENALTIES AGAINST
MRS. BERTHA S. BURNETTE/ BRIARWOOD
PERMIT NO. NCO029882
WAIVER OF RIGHT TO AN
ADMINSTRATIVE HEARING AND
STIPULATION OF FACTS
FILE NO. LV-2008-0019
Having been assessed civil penalties totaling $165.07 for violation(s) as set forth in the
assessment document of the Division of Water Quality dated January 14, 2008, the undersigned,
desiring to seek remission of the civil penalty, does hereby waive the right to an administrative hearing
in the above -stated matter and does stipulate that the facts are as alleged in the assessment document.
The undersigned further understands that all evidence presented in support of remission of this civil
penalty must be submitted to the director of the Division of Water Quality within thirty (30) days of
receipt of the notice of assessment. No new evidence in support of a remission request will be allowed
after (30) days from the receipt of the notice of assessment.
This the 5 ' day of Q_b man.i , 20D?
SIGNAAJRE
ADDRESS
JAMES & JAMES EMIR. MANG.
MOUNTAIN HOME, NG 28758
TELEPHONE
1 Get --oca(03
GAWPDATA\DEMWQ\Buncombe\29882 Briarwood Subdivision\LV-2008-0019.Briarwood.29882.doc

d
.LAMES & .LAMES ENVIRONMENTAL MANAGEMENT
PO BOX 1354, MOUNTAIN HOME, NC 28758
OFFICE: [phone] FAX: [phone]
PERFORMANCE ANNUAL REPORT
2007
I. General Information
Facility/System Name: BRIARWOOD SUBDIVISION
Responsible Entity: DAVID BURNETTE
Person in Charge/Contact:
Applicable Permit(s):
DAVID BURNETTE
NCO029882
Description of Collection System or Treatment Process:
MAR 1 1 2008
An extended aeration basin with a 7500 gallon treatment facility, clarifier, and
tablet feed chlorinator, and chlorine contact chamber.
II. Performance
Text Summary of System Performance for Calendar Year 2007
This facility has a history of excellent performance. The largest battle for 2007 was
to reign the fecal coliform into compliance. The bacteria require a stronger dosage
to negate the coliform. In October, the TSS edged up and the facility was pumped.
List (by Month) any violations of permit conditions or other environmental
regulations. Monthly lists should include discussion of any environmental impacts
and corrective measures taken to address violations. Attach additional sheets if needed.
April 25: fecal @490 colonies/100 mis; August 15: fecal >600 colonies/100 mis;October 2: fecal @>600 colonies/100 mis;
December 6: fecal @>600 colonies/100 mis: The solution for the above was to increase the dosage rate of chlorine to accommodate
the demand. October 2: TSS at 46.9 mg/I; Pumped facility
III. Notification:
A copy of this report has been sent to the Owner with directions to give notification
of the availability of this report to each of their users. A certified statement will be
sent to the State when this issue has been rectified.

IV. Certification
I certify under penalty of law that this report is complete and accurate to the best
of my knowledge. I further certify that this report has been made available to the
users or customers of the named system and that those users have been notified
of its availability. (please see below)
I certify that this report has been given to the Owner of this Entity with explicit
directions to make the user aware of the availability of this report and the
location with which a copy can be either viewed or received. James & James
Environmental cannot certify that the latter has been completed and will enclose
a letter of certification to be mailed to the State of North Carolina on behalf of this
Entity along with all pertinent information regarding this system for the conclusion
of this requirement.
Juanita James/ James & James Environmental Management 2120108
Responsible Person
Title
Entity
Date

JAMES & JAMES ENVIRONMENTAL MANAGEMENT
PO BOX 1354, MOUNTAIN HOME, NC 28758
OFFICE: [phone] FAX: [phone]
PERFORMANCE ANNUAL REPORT
I. General Information
Facility/System Name: BRIARWOOD SUBDIVISION
Responsible Entity:
Person in Charge/Contact:
Applicable Permit(s):
DAVID BURNETTE
DAVID BURNETTE
NCO029882
A copy of the PERFORMANCE ANNUAL REPORT has already been filed
with you by James & James Environmental Management and should be in your
possession at this time. On that report, the certification was stated that I, the
owner of this Entity, has received a copy of this report and was directed to give
the users knowledge of the report and access to it.
Therefore:
I certify under penalty of law that this report prepared by James & James
Environmental Management is complete and accurate to the best of my
knowledge. I further certify that this report has been made available to the users
or customers of the named system and that those users have been notified of
its availability.
Responsible Person
Title
Entity
Date

Michael F. Easley, Governor
William G. Ross Jr., Secretary
-' North Cal
'i... z.'Department of Environment and Natural Resources
Coleen H. Sullins, Director
Division of Water Quality
SURFACE WATER PROTECTION SECTION
February 25, 2008
CERTIFIED MAIL
RETURN RECEIPT REQUESTED 7006 3450 0002 7064 1502 ( -
Mrs. Bertha S. Burnette
41 Dix Creek Road #1
Leicester, North Carolina 28748
0
i00
Subject: NC,-
NO- 2
0
Perr N
Bric- g
Bur,
Dear Mrs. Burnette:
O
A review of Briarwood WWTP's monitoring report fr
following violation:
3
Parameter Date Limit Value Ri
Ve
Coliform, Fecal MF, M-
12/31/07
.400
60
FC Broth,44.5C
#/100ml
Remedial actions, if not already implemented, should
the comments section on the reverse of the relevant DMR pi N
subject violation, it is not requested that a response be
additional information concerning the violations or commeI 3
submit them to the attention of Janet Cantwell.
o:
oil
Q-_
Asheville Regional Office
7006 3450 0002 7064-1502
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The Division of Water Quality may pursue enforcement actions for this and any additional
violations of State law. If the violations are of a continuing nature, not related to operation and/or
maintenance problems, and you anticipate remedial construction activities, then you may wish to
consider applying for a Special Order by Consent. You may contact this Office for additional
information.
o NrthCarolina
North Carolina Division of Water Quality 2090 U.S. Highway 70 Swannanoa, N.C. 28778 Phone[phone] Customer Service
Internet: www.ncwaterguality.org FAX [phone]

Mrs. Bertha S. Burnette
February 25, 2008
Page Two
If you should have any questions, please do not hesitate to contact Janet Cantwell or me at
828/296-4500.
Sincerely,
Roger C. Edwards, Regional Supervisor
Surface Water Protection Section
cc:-- -.--WQ-SWP Asheville Files
WQ-SWP Central Files
Bob Guerra/ SWP Enforcement Files
James & James Environmental/ ORC
G:\WPDATA\DEMWQ\Buncombe\29882 Briarwood Subdivision\NOV-2008-LV-0113.29882.doc

F WATF U
�O�pG Michael F. Easley, Governor
7 William G. Ross Jr., Secretary
r North Carolina Department of Environment and Natural Resources
msa Coleen H. Sullins, Director
Division of Water Quality
February 14, 2008
Juanita James I
James & James Environmental Mgt.
PO Box 1354
Mountain Home, NC 28758 S 20o8
I . ;
Subject: Remission Request of Civil Penalty Assessment_-_.: ,NA e,,_I
Case Number LV-2008-0019
Briarwood WWTP
NPDES Permit NCO029882
Buncombe County
Dear Mrs. James:
This letter is to acknowledge the receipt and of your request for remission of the civil penalties levied
against the subject entity. A copy is being sent to the Asheville Regional Office for input and
recommendations. Your request will be placed on the agenda of the Director's next scheduled
enforcement conference and you will be notified of the result.
If you have any question or I can be of further assistance about this matter, please contact me at (919)
733-5083, extension 539.
Sincerely,
Robert Guerra, Western Region NPDES
Point Source Branch
Cc: A hs eville Regional Office_'
Enforcement file w/originals
Central Files
Nort hCarolina
Natunill
North Carolina Division of Water Quality 1617 Mail Service Center. Raleigh, NC 27699-1617 Phone [phone] Customer Service
Internet: www.newaterquality.org Location: 512 N. Salisbury St. Raleigh, NC 27604 Fax [phone]
An Equal Opportunity/Affirmative Action Employer — 50% Recycled/10% Post Consumer Paper

o f NrarF9
Michael F. Easley, Governor
William G. Ross Jr., Secretary
FILE C O P
Carolina Department rironment and Natural Resources
Coleen H. Sullins, Director
Division of Water Quality
Asheville Regional Office
SURFACE WATER PROTECTION SECTION
January 14, 2008
CERTIFIED MAIL
RETURN RECEIPT REQUESTED 7002 0460 0001 9899 6401
Mrs. Bertha S. Burnette
41 Dix Creek Rd # 1
Leicester, North Carolina 28748
SUBJECT: Notice of Violation and Assessment of Civil Penalty
for Violations of North Carolina General Statute (G.S.) 143-215. 1 (a)(6)
and NPDES Permit NCO029882
Mrs. Bertha S. Burnette
Briarwood WWTP
Case No. LV-2008-0019
Buncombe County
Dear Mrs. Burnette:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $165.07
($100.00 civil penalty + $65.07 enforcement costs) against Bertha S. Burnette.
This assessment is based upon the following facts: a review has been conducted of the discharge
monitoring report (DMR) submitted by Bertha S. Burnette for the month of October 2007. This
review has shown the subject facility to be in violation of the discharge limitations and/or
monitoring requirements found in NPDES Permit NC0029882. The violations which occurred in
October 2007 are summarized in Attachment A to this letter.
Based upon the above facts, I conclude as a matter of law that Bertha S. Burnette violated the
terms, conditions or requirements of NPDES Permit NCO029882 and G.S. 143-215.1(a)(6) in the
manner and extent shown in Attachment A. In accordance with the maximums established by G.S.
143-215.6A(a)(2), a civil penalty may be assessed against any person who violates the terms,
conditions or requirements of a permit required by G.S. 143-215.1(a).
Based upon the above findings of fact and conclusions of law, and in accordance with authority
provided by the Secretary of the Department of Environment and Natural Resources and the
Director of the Division of Water Quality, I, Roger C. Edwards, Division of Water Quality
Regional Supervisor for the Asheville Region, hereby make the following civil penalty assessment
against Bertha S. Burnette:
NorthCarolina
Natirrallff
North Carolina Division of Water Quality 2090 U.S. Highway 70 Swannanoa, NC 28778 Phone[phone] Customer Service
Internet: www.ncwaterguality.org FAX [phone] 623-7748

0 oz me 1 violations of 0.S.77143-215.1(a)(6) ana NPDES Permit No.
$0.00 NC0029882, by discharging waste water into the waters of the State
in violation of the Permit Daily Maximum limit for RES/TSS.
1 of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Permit No.
$100.00 NC0029882, by discharging waste water into the waters of the State
in violation of the Permit Daily Maximum limit for FEC COLL
$100.00 TOTAL CIVIL PENALTY
$65.07 Enforcement Costs
$165.07 TOTAL AMOUNT DUE
Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty I have taken into
account the Findings of Fact and Conclusions of Law and the factors set forth at G.S. 143B-
282.1(b), which are:
(1) The degree and extent of harm to the natural resources of the State, to the public health, or
to private property resulting from the violation-,
(2) The duration and gravity of the violation;
(3) The effect on ground or surface water quantity or quality or on air quality;
(4) The cost of rectifying the damage;
(5) The amount of money saved by noncompliance;
(6) Whether the violation was committed willfully or intentionally;
(7) The prior record of the violator in complying or failing to comply with programs over
which the Environmental Management Commission has regulatory authority; and
(8) The cost to the State of the enforcement procedures.
Within thirty days of receipt of this notice, you must do one of the following:
1. Submit payment of the penalty:
Payment should be made directly to the order of the Department of Environment and Natural
Resources (do not include waiver form). Payment of the penalty will not foreclose further
enforcement action for any continuing or new violation(s). Please submit payment to the
attention of:
Point Source Compliance/Enforcement Unit
Division of Water Quality
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
OR
2. Submit a written request for remission or mitigation including a detailed justification
for such request:
Please be aware that a request for remission is limited to consideration of the five factors listed
below as they may relate to the reasonableness of the amount of the civil penalty assessed.
Requesting remission is not the proper procedure for contesting whether the violation(s)
occurred or the accuracy of any of the factual statements contained in the civil penalty
assessment document. Because a remission request forecloses the option of an administrative
hearing, such a request must be accompanied by a waiver of your right to an administrative
hearing and a stipulation and agreement that no factual or legal issues are in dispute. Please

prepare a detailed stateme--_ __-at establishes why you believe the ciZ __ r malty should be
remitted, and submit it to the Division of Water Quality at the address listed below. In
determining whether a remission request will be approved, the following factors shall be
considered:
(1) whether one or more of the civil penalty assessment factors in NCGS 143B-282.1(b)
was wrongfully applied to the detriment of the petitioner;
(2) whether the violator promptly abated continuing environmental damage resulting from
the violation;
(3) whether the violation was inadvertent or a result of an accident;
(4) whether the violator had been assessed civil penalties for any previous violations; or
(5) whether payment of the civil penalty will prevent payment for the remaining necessary
remedial actions.
Please note that all evidence presented in support of your request for remission must be submitted
in writing. The Director of the Division of the Division of Water Quality will review .your
evidence and inform you of his decision in the matter of your remission request. The response will
provide details regarding the case status, directions for payment, and provision for further appeal
of the penalty to the Environmental Management Commission's Committee on Civil Penalty
Remissions (Committee). Please be advised that the Committee cannot consider information that
was not part of the original remission request considered by the Director. Therefore, it is very
important that you prepare a complete and thorough statement in support of your request for
remission.
In order to request remission, you must complete and submit the enclosed "Request for Remission
of Civil Penalties, Waiver of Right to an Administrative Hearing, and Stipulation of Facts" form
within thirty (30) days of receipt of this notice. The Division of Water Quality also requests that
you complete and submit the enclosed "Justification for Remission Request." Both forms should
be submitted to the following address:
Point Source Compliance/Enforcement Unit
Division of Water Quality
1617 Mail Service Center
Raleigh, North Carolina 27699-1617

3. File a petition for an administrative hearing with the Office of Administrative Hearings:
If you wish to contest any statement in the attached assessment document you must file a petition
for an administrative hearing. You may obtain the petition form from the Office of Administrative
Hearings. You must file the petition with the Office of Administrative Hearings within thirty (30)
days of receipt of this notice. A petition is considered filed when it is received in the Office of
Administrative Hearings during normal office hours. The Office of Administrative Hearings
accepts filings Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m., except for
official state holidays. The original and one (1) copy of the petition must be filed with the Office
of Administrative Hearings. The petition may be faxed - provided the original and one copy of the
document is received in the Office of Administrative Hearings within five (5) business days
following the faxed transmission. The mailing address for the Office of Administrative Hearings
is:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, North Carolina 27699-6714 .
Telephone [phone] Facsimile: [phone]
and
Mail or hand -deliver a copy of the petition to
General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
Raleigh, North Carolina 27699-1601
Please indicate the case number (as found on page one of this letter) on the petition.
Failure to exercise one of the options above within thirty (30) days of receipt of this letter, as
evidenced by an internal date/time received stamp (not a postmark), will result in this matter being
referred to the Attorney General's Office for collection of the penalty through a civil action. Please
be advised that additional penalties may be assessed for violations that occur after the review
period of this assessment.
If you have any questions, please contact Janet Cantwell of the Water Quality staff of the Asheville
Regional Office at 828-296-4500.
Sincerely,
rogTerEdwards, Regional Supervisor
Surface Water Protection Section
Asheville Regional Office
ATTACHMENTS
cc lvi� leitl�c / a t1.���ert;
WQ Central Files w/ attachments
Bob Guerra/ Enforcement Files w/ attachments
James & James Environmental/ w/ attachments

JUc _ __ ICATION FOR REMISSION RE(, --ST
DWQ Case Number: LV-2008-0019 County: Buncombe
Assessed Party: Mrs. Bertha S. Burnette/ Briarwood W`VTP
Permit No.: N00029832 Amount Assessed: $165.07
Please use this form when requesting remission of this civil penalty. You must also complete the
"Request For Remission, Waiver of Right to an Administrative Hearing, and Stipulation of Facts"
form to request remission of this civil penalty. You should attach any documents that you believe
support your request and are necessary for the Director to consider in evaluating your request for
remission. Please be aware that a request for remission is limited to consideration of the five factors
listed below as they may relate to the reasonableness of the amount of the civil penalty assessed.
Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or
the accuracy of any of the factual statements contained in the civil penalty assessment document.
Pursuant to N.C.G.S. § 143B-282.1(c), remission of a civil penalty may be granted only when one or
more of the following five factors applies. Please check each factor that you believe applies to your
case and provide a detailed explanation, including copies of supporting documents, as to why the
factor applies (attach additional pages as needed).
(a) one or more of the civil penalty assessment factors in N.C.G.S. 143B-282.1(b) were
wrongfully applied to the detriment of the petitioner (the assessment factors are listed in the civil
penalty assessment document);
(b) the violator promptly abated continuing environmental damage resulting from the
violation (i.e., explain the steps that you took to correct the violation and prevent future occurrences);
(c) the violation was inadvertent or a result of an accident (i.e., explain why the violation
was unavoidable or something you could not prevent or prepare for);
(d) the violator had not been assessed civil penalties for any previous violations;
(e) payment of the civil penalty will prevent payment for the remaining necessary remedial
actions (i. e., explain how payment of the civil penalty will prevent you from performing the activities
necessary to achieve compliance).
EXPLANATION:

STATE OF NORTH CAROL_. _
DEPARTN C OF ENVIRONMENT
AND NATURAL RESOURCES
COUNTY OF BUNCOMBE
IN THE MATTER OF ASSESSMENT
OF CIVIL PENALTIES AGAINST
MRS. BERTHA S. BURNETTE/ BRIARWOOD
PERMIT NO. NCO029882
WAIVER OF RIGHT TO AN
ADMINSTRATIVE HEARING AND
STIPULATION OF FACTS
FILE NO. LV-2008-0019
Having been assessed civil penalties totaling $165.07 for violation(s) as set forth in the
assessment document of the Division of Water Quality dated January 14, 2008, the undersigned,
desiring to seek remission of the civil penalty, does hereby waive the right to an administrative hearing
in the above -stated matter and does stipulate that the facts are as alleged in the assessment document.
The undersigned further understands that all evidence presented in support of remission of this civil
penalty must be submitted to the director of the Division of Water Quality within thirty (30) days of
receipt of the notice of assessment. No new evidence in support of a remission request will be allowed
after (3.0) days from the receipt of the notice of assessment.
This the
day of
ADDRESS
TELEPHONE
20
G1WPDATA\DEMWQ\Buncombe\29882 Briarwood Subdivision\LV-2008-0019.Briarwood.29882.doc

ATTACHMENTA
Bertha S Burnette
CASE NUMBER: LV-2008-0019
PERMIT: NCO029882
FACILITY: Briarwood WWTP
COUNTY: Buncombe
REGION: Asheville
Limit Violations
MONITORING
OUTFALL/
VIOLATION
UNIT OF
CALCULATED
% OVER
PENALTY REPORT
PPI
LOCATION PARAMETER
DATE FREQUENCY
MEASURE LIMIT
VALUE
LIMIT
VIOLATION TYPE -
$100.00 10-2007
001
Effluent FEC COLI
10/31/07 Weekly
#/100ml 400
600
50.00
Daily Maximum Exceeded
$.00 10-2007
001
Effluent RESITSS
10/31/07 Weekly
mg/I 45
46.9
4.22
Daily Maximum Exceeded

f EL
AFFLUENT, , D
NPDES PERMIT NO. NCO029882._.. _ ... DISCHARGE.NO,,.,; :, 001 MONTH 6 Tv R, 200,
FACILITY NAME BRIARWOOD'SUBDIVISION 1 CLASS 11 rOiTYBUNCOMBE
OPERATOR IN RESPONSIBLECHAAG CHARLIE �CC EY GRADE II PHONE [phone]
CERTIFIED LABORATgRfES-Q '- ;.�M"7AIVIFS"&,JAWS ENVVI AMENTAL MGT., INC. - #482 (2)
CHECK BOX IF ORC HAS C iGO) �} W. Qn N(S),EQLLEC G SAMPLES CHARLIE CASEY
Mail ORIGINAL and ONE C AY)ti- i ,r;' 11-20-0�
ATTN: CENTRAL FILES ' " ', `� I i ! I (� ATUR] O RATOR INSP CHARG / DATE
DENR-DWQ i ,I I '
J A , , - 8 ZOOS � •_ Y THIS SIGNATURE, I CER1 Y T THAT HIS REPORT IS
1617MAIL SERVICE CENT
CCURATE AND COMPLETE TO THE BEST OF MY KNOWLEDGE.
RALEIGH, NC 27699-1617
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DEM Form MR-1 (01/00) /

Facility Status. (Please check one of the following)
All monitoring data and sampling frequencies meet permit requirements
All monitoring data and sampling frequencies do NOT meet requirements
Compliant
��
t�
Noncompliant
If the facility is noncompliant, please comment on corrective actions being taken in respect to equipment, operation, maintenance, etc.
and a time table for improvements to be made.
NL = NO LIMIT
* ALL QC FAILURE; RESULT & DATA INVALID; RESULTS 8.13 MG/L
— BOD = ALL QC FAILURE; RESULT & DATA INVALID; RESULTS >19.7 MG/L
`SAMPLE DID NOT TAKE 2 & LEAVE 1; RESULT & DATA VALID
ELEVATED FECAL AND TSS RESULTS; FACILITY WAS PUMPED.
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."
BRIARWOOD SUBDIVISION
Permittee (Pie se print or type)
11/20/2007
Signature of , rmittee" Date
3' DIX CREEK #1, LEICESTER, NC 28748 828-697-0063
10/31/2010
Permittee Address Phone Number
Permit Exp. Date
PARAMETER CODES
00010 Temperature 00556 Oil & Grease 00951 Total Flouride
01067
Nickel 50060 Total
00076 Turbidity 00600 Total Nitrogen 01002 Total Arsenic
01077
Silver Residue
00080 Color (Pt -Co) 00610 Ammonia Nitrogen
01092
Zinc Chlorine
00082 Color (ADMI) 00625 Total Kjeldhal 01027 Cadmium
01105
Aluminum
Nitrogen
00095 Conductivity 000630 Nitrate/Nitrites 01032 Hexavalent Chromium
01147
Total Selenium 71880 Formaldehyde
00300 Dissolved Oxygen 01034 Chromium
31616
Fecal Coliform 71900 Mercury
00310 BOD5 00665 Total Phosphorous
32730
Total Phenolics 81551 Xylene
00340 COD 00720 Cyanide 01037 Total Cobalt
34235
Benzene
00400 pH 00745 Total Sulfide 01042 Copper
34481
Toluene:-
00530 Total Suspended 00927 Total Magnesium
38260
MBAS
Residue 00929 Totall Sodium 01045 Iron
39516
PCBs
00545 Settleable Matter 00940 Total Chloride 01051 Lead
50050
Flow
Parameter Code assistance may obtained b calling the Water Quality Compliance Group
at [phone], extension 581 or 534.
The monthly average for fecal coliform is to be reported as a GEOMETRIC mean. Use only units designated in the reporting
facility's permit for reporting data.
*ORC must visit facility and document visitation of facility as required per 15 A NCAC 8A
.0202 (b)
(5) (B).
—If signed by other than the perrmittee, delegation of signatory authority must be on file with the state per 15A NCAC 213.0506 (b)
(2) (D)•

DIVISION OF Wi.--R QUALITY - CIVIL PENALTY AS:'Lo-3MENT (FILE)
Violator: Bertha S. Burnette/ Briarwood, WWTP
County: Buncombe
Case Number: LV-2008-0019
ASSESSMENT FACTORS
As required by G.S. 143-214.6A(c), in determining the amount of the penalty I considered the factors
set out in G.S. 143B-282.1(b), which are:
1) The degree and extent of harm to the natural resources of the State, to the public health, or to
private property resulting from the violation;
There was no quantifiable harm to the natural resources of the State, to the public health, or
to private property; however, all effluent violations are detrimental to the receiving stream.
2) The duration and gravity of the violation;
There was one Total Suspended Solids Daily Max of 46.9 mg/L which was 50 % over the permit
limit and one Fecal Coliform Daily Max of >600 colonies/100 ml. which was 4.22 % over the permit
limit.
3) The effect on ground or surface water quantity or quality or on air quality;
All effluent violations are detrimental to the receiving stream.
4) The cost of rectifying the damage;
The cost is unknown.
5) The amount of money saved by noncompliance;
Operator stated on the DMR that the facility was pumped due to elevated Fecal and TSS levels.
6) Whether the violation was committed willfully or intentionally;
The violation appears inadvertent; however, it still had an effect on the receiving stream.
7) The prior record of the violator in complying or failing to comply with programs over which
the Environmental Management Commission has regulatory authority; and
There have been two prior assessments in the past year: LV-2007-0451 and LV-2007-0452.
8) The cost to the State of the enforcement procedures.
$65.07.
ate Itog# C. Edwards, Regional Supervisor
Surface Water Protection Section
Asheville Regional Office

mmcnaei r. tasiey, uovemor � wr-�
William G. Ross Jr., Secretary
North Carolina Department < ronment and Natural Resources,
Coleen H. Sullins, Director
Division of Water Quality
January 8, 2008
BERTHA S BURNETTE-
41 DIX CREEK RD #1
LEICESTER NC 28748 s
r:
E E V E
JAiN 1 0 2008 01
WATER QUALITY SECTION
ASHEVILLE REGIONAL OFFICE
SUBJECT: Payment Acknowledgment's
Civil Penalty Assessment
Briarwood WWTP
Permit Number: NCO029882
Case Numbers LV-2007-0451 and LV-2007-0452
Buncombe County
Dear Mrs. Burnette:
This letter is to acknowledge receipt of check number 6989 in the amount of $315.07 received
from you dated December 30, 2007. This payment satisfies in full the above civil assessment
levied against the subject facility, and this case has been closed. Payment of this penalty in no way
precludes future action by this Division for additional violations of the applicable Statutes,
Regulations, or Permits.
If you have any questions, please call Bob Guerra at 919-733-5083, Ext. 539.
Sincerely,
��WMIP E 11
Dina Sprinkle
cc: Enforcement File #: LV-2007-0451 and LV-2007-0452
DWQ"Asheville Regional Office Supervisor
Central Files
N Carolina
e QtllCll��lf
1617 Mail Service Center Raleigh, NC 27699-1617 [phone] Customer Service 1 800 623-7748

,
-
JAMES & JAMES` ENVIRONMENTAL MGT, INC. O%3oB4i5a 6 9 8 9
P.O. BOX 1354, KANUGA ST. 69T0063
MOUNTAIN HOME, NC -28756 _ DATE ,
PAYTOTHE
ORDER OF
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Lv. b�I �3�srp-7
RSC
Century ��
RBC Centura Bank V Lr
He ersorivilia, NC 28792
MEM
t;0531008501:0963084?Sj"I 989 -
I -

0
Q W ATF� I Michael F. Easley, Governor
' Q William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Coleen H. Sullins, Director
Q Division of Water Quality
Asheville Regional Office
SURFACE WATER PROTECTION SECTION
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mrs. Bertha S. Burnette
41 Dix Creek Rd #1
Leicester, North Carolina 28748
Dear Mrs. Burnette:
November 30, 2007
7006 3450 0002 7064 1939
Subject: NOTICE OF VIOLATION
NOV-2007-LV-0550
Permit No. NCO029882
Briarwood WWTP
Buncombe County
A review of Briarwood WWTP's monitoring report for August 2007 showed the following
violation:
Parameter
Date
Limit Value
Reported
Limit Type
Value
Coliform, Fecal MF, M-
08/31/07
400
600 #/100ml
Daily
FC Broth,44.5C
#/100ml
Maximum
Exceeded
Remedial actions, if not already implemented, should be taken to correct any problem. Since
the comments section on the reverse of the relevant DMR provided an adequate explanation for the
subject violation, it is not requested that a response be submitted: however, should you have
additional information concerning the violations or comments which you wish to _present, please
submit them to the attention of Janet Cantwell.
The Division of water Quality may pursue enforcement actions for this and any additional
violations. If the violations are of a continuing nature, not related to operation and/or maintenance
problems, and you anticipate remedial construction activities, then you may wish to consider applying
for a Special Order by Consent. You may contact Don Price of this Office for additional information.
NorthCarolina
Naturally
North Carolina Division of Water Quality 2090 U.S. Highway 70 Swannanoa, N.C. 28778 Phone[phone] Customer Service
Internet: www.ncwaterguality.org FAX [phone]

Mrs. Bertha S. Burnette
November 30, 2007
Page 2
If you should have any questions, please do not hesitate to contact Janet Cantwell or me at
828/296-4500.
Sincerely,
f
Roger C. Edwards, Regional Supervisor
Surface Water Protection Section
Asheville Regional Office
,�&_ —ma1 , iAsheville files
WQ Central Files
Bob Guerra/ Enforcement Files
James & James Environmental/ ORC

Noida52V'Lp V fir f
Surface Water Protection Section
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mrs. Bertha S. Burnette
41 Dix Creek Rd 91
Leicester, North Carolina 28748
November 30, 2007
7006 3450 0002 7064 1922
Michael F. Easley, Governor
William G. Ross Jr., Secretary
ironment and Natural Resources
Coleen H. Sullins, Director
Division of Water Quality
Asheville Regional Office
SUBJECT: Notice of Violation and Assessment of Civil Penalty
for Violations of North Carolina General Statute (G.S.) 143-215.1(a)(6)
and NPDES Permit NCO029882
Briarwood WWTP
Case No. LV-2007-0452
Buncombe County
Dear Mrs. Burnette:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $165.07
($100.00 civil penalty + $65.07 enforcement costs) against Bertha S. Burnette.
This assessment is based upon the following facts: a review has been conducted of the discharge
monitoring report (DMR) submitted by Bertha S. Burnette for the month of June 2007. This
review has shown the subject facility to be in violation of the discharge limitations and/or
monitoring requirements found in NPDES Permit NC0029882. The violations which occurred in
June 2007 are summarized in Attachment A to this letter.
Based upon the above facts, I conclude as a matter of law that Bertha S. Burnette violated the
terms, conditions or requirements of NPDES Permit NCO029882 and G.S. 143-215.l(a)(6) in the
manner and extent shown in Attachment A. In accordance with the maximums established by G.S.
143-215.6A(a)(2), a civil penalty may be assessed against any person who violates the terms,
conditions or requirements of a permit required by G.S. 143-215.1(a).
Based upon the above findings of fact and conclusions of law, and in accordance with authority
provided by the Secretary of the Department of Environment and Natural Resources and the
Director of the Division of Water Quality, I, Roger C. Edwards, Division of Water Quality
Regional Supervisor for the Asheville Region, hereby make the following civil penalty assessment
against Bertha S. Burnette:
NoorthCarolina
Naturally
North Carolina Division of Water Quality 2090 U.S. Highway 70 Swannanoa, NC 28778 Phone[phone] Customer Service
Internet: www.ncwaterguality.org FAX [phone] 623-7748

I of7the T violations of G.S. 143-215.1(a)(6) and NPDES Permit No.
$00.00 NC0029882, by discharging waste water into the waters of the State
in violation of the Permit Daily Maximum limit for DOD.
4 of the 4 violations of G.S. 143-215.1(a)(6) and NPDES Permit No.
$100.00 NC0029882, by discharging waste water into the waters of the State
in violation of the Permit Daily Maximum limit for CHLORINE.
$100.00 TOTAL CIVIL PENALTY
$65.07 Enforcement Costs
$165.07 TOTAL AMOUNT DUE
Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty I have taken into
account the Findings of Fact and Conclusions of Law and the factors set forth at G.S. 143B-
282. 1 (b), which are:
(1) The degree and extent of harm to the natural resources of the State, to the public health, or
to private property resulting from the violation;
(2) The duration and gravity of the violation;
(3) The effect on ground or surface water quantity or quality or on air quality;
(4) The cost of rectifying the damage;
(5) The amount of money saved by noncompliance;
(6) Whether the violation was committed willfully or intentionally;
(7) The prior record of the violator in complying or failing to comply with programs over
which the Environmental Management Commission has regulatory authority; and
(8) The cost to the State of the enforcement procedures.
Within thirty days of receipt of this notice, you must do one of the following:
Submit payment of the penalty:
Payment should be made directly to the order of the Department of Environment and Natural
Resources (do not include waiver form). Payment of the penalty will not foreclose further
enforcement action for any continuing or new violation(s). Please submit payment to the
attention of:
Point Source Compliance/Enforcement Unit
Division of Water Quality
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
=
2. Submit a written request for remission or mitigation including a detailed justification
for such request:
Please be aware that a request for remission is limited to consideration of the five factors listed
below as they may relate to the reasonableness of the amount of the civil penalty assessed.
Requesting remission is not the proper procedure for contesting whether the violation(s)
occurred or the accuracy of any of the factual statements contained in the civil penalty
assessment document. Because a remission request forecloses the option of an administrative
hearing, such a request must be accompanied by a waiver of your right to an administrative
hearing and a stipulation and agreement that no factual or legal issues are in dispute. Please

prepare a detailed statement.. mat establishes why you believe the civic penalty should be
remitted, and submit it to the Division of Water Quality at the address listed below. In
determining whether a remission request will be approved, the following factors shall be
considered:
(1) whether one or more of the civil penalty assessment factors in NCGS 143B-282.I(b)
was wrongfully applied to the detriment of the petitioner;
(2) whether the violator promptly abated continuing environmental damage resulting from
the violation;
(3) whether the violation was inadvertent or a result of an accident;
(4) whether the violator had been assessed civil penalties for any previous violations; or
(5) whether payment of the civil penalty will prevent payment for the remaining necessary
remedial actions.
Please note that all evidence presented in support of your request for remission must be submitted
in writing. The Director of the Division of the Division of Water Quality will review your
evidence and inform you of his decision in the matter of your remission request. The response will
provide details regarding the case status, directions for payment, and provision for further appeal
of the penalty to the Environmental Management Commission's Committee on Civil Penalty
Remissions (Committee). Please be advised that the Committee cannot consider information that
was not part of the original remission request considered by the Director. Therefore, it is very
important that you prepare a complete and thorough statement in support of your request for
remission:
In order to request remission, you must complete and submit the enclosed "Request for Remission
of Civil Penalties, Waiver of Right to an Administrative Hearing, and Stipulation of Facts" form
within thirty (30) days of receipt of this notice. The Division of Water Quality also requests that
you complete and submit the enclosed "Justification for Remission Request." Both forms should
be submitted to the following address:
Point Source Compliance/Enforcement Unit
Division of Water Quality
1617 Mail Service Center
Raleigh, North Carolina 27699-1617

M,.
3. File a petition for an administrative hearing with the Office of Administrative Hearings:
If you wish to contest any statement in the attached assessment document you must file a petition
for an administrative hearing. You may obtain the petition form from the Office of Administrative
Hearings. You must file the petition with the Office of Administrative Hearings within thirty (30)
days of receipt of this notice. A petition is considered filed when it is received in the Office of
Administrative Hearings during normal office hours. The Office of Administrative Hearings
accepts filings Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m., except for
official state holidays. The original and one (1) copy of the petition must be filed with the Office
of Administrative Hearings. The petition may be faxed - provided the original and one copy of the
document is received in the Office of Administrative Hearings within five (5) business days
following the faxed transmission. The mailing address for the Office of Administrative Hearings
is -
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, North Carolina 27699-6714
Telephone [phone] Facsimile: [phone]
and
Mail or hand -deliver a copy of the petition to
General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
Raleigh, North Carolina 27699-1601
Please indicate the case number (as found on page one of this letter) on the petition.
Failure to exercise one of the options above within thirty (30) days of receipt of this letter, as
evidenced by an internal date/time received stamp (not a postmark), will result in this matter being
referred to the Attorney General's Office for collection of the penalty through a civil action. Please
be advised that additional penalties may be assessed for violations that occur after the review
period of this assessment.
If you have any questions, please contact Janet Cantwell of the Water Quality staff of the
Asheville Regional Office at 828-296-4500.
Sincerely,
Roger C. Edwards, Regional Supervisor
Surface Water Protection Section
Asheville Regional Office
ATTACHMENT
�QrAshevir
Ail
e ls�'wlattachinerit
WQ Central Files w/ attachment
Bob Guerra/ Enforcement Files w/ attachment
James & James/ ORC w/ attachment

JUS...,ICATION FOR REMISSION RED,vr,ST
DWQ Case Number: LV-2007-0452 County: Buncombe
Assessed Party: Bertha S. Burnette/ Briarwood
Permit No. NC0029882 Amount Assessed: $165.07
Please use this form when requesting remission of this civil penalty. You must also complete the
"Request For Remission, Waiver of Right to an Administrative Hearing, and Stipulation of Facts "
form to request remission of this civil penalty. You should attach any documents that you believe
support your request and are necessary for the Director to consider in evaluating your request for
remission. Please be aware that a request for remission is limited to consideration of the five factors
listed below as they may relate to the reasonableness of the amount of the civil penalty assessed.
Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or
the accuracy of any of the factual statements contained in the civil penalty assessment document.
Pursuant to N.C.G.S. § 143B-282.1(c), remission of a civil penalty may be granted only when one or
more of the following five factors applies. Please check each factor that you believe applies to your
case and provide a detailed explanation, including copies of supporting documents, as to why the
factor applies (attach additional pages as needed).
(a) one or more of the civil penalty assessment factors in N.C.G.S. 143B-282. 1 (b) were
wrongfully applied to the detriment of the petitioner (the assessment factors are listed in the civil
penalty assessment document);
(b) the violator promptly abated continuing environmental damage resulting from the
violation (i.e., explain the steps that you took to correct the violation and prevent future occurrences);
(c) the violation was inadvertent or a result of an accident (i.e., explain why the violation
was unavoidable or something you could not prevent or prepare for);
(d) the violator had not been assessed civil penalties for any previous violations;
(e) payment of the civil penalty will prevent payment for the remaining necessary remedial
actions (i.e., explain how payment of the civil penalty will prevent you from performing the activities
necessary to achieve compliance).
EXPLANATION:

STATE OF NORTH CAROLll,4A DEPARTIViri-4T OF ENVIRONMENT
AND NATURAL RESOURCES
COUNTY OF BUNCOMBE
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST. ) ADMINSTRATIVE FEARING AND
BERTHA S. BURNETTE/
BRIARWOOD ) STIPULATION OF FACTS
PERTMIT NO. NCO029882 ) FILE NO. LV-2007-0452
Having been assessed civil penalties totaling $165.07 for violation(s) as set forth in the
assessment document of the Division of Water Quality dated November 30, 2007, the undersigned,
desiring to seek remission of the civil penalty, does hereby waive the right to an administrative hearing
in the above -stated matter and does stipulate that the facts are as alleged in the assessment document.
The undersigned further understands that all evidence presented in support of remission of this civil
penalty must be submitted to the director of the Division of Water Quality within thirty (30) days of
receipt of the notice of assessment. No new evidence in support of a remission request will be allowed
after (30) days from the receipt of the notice of assessment.
This the
day of
SIGNATURE
ADDRESS
TELEPHONE

PERMIT: NCO029882 FACILITY: Briarwood WWTP
MONITORING
OUTFALU
PENALTY
REPORT
PPI
LOCATION
PARAMETER
$.00
6-2007
001
Effluent
BOD
$25.00
6-2007
001
Effluent
CHLORINE
$25.00
6-2007
001
Effluent
CHLORINE
$25.00
6-2007
001
Effluent
CHLORINE
$25.00
6-2007
001
Effluent
CHLORINE
ATTACHMENT A
Bertha S Burnette
CASE NUMBER: LV-2007-0452
COUNTY: Buncombe
VIOLATION
DATE FREQUENCY
06/30/07 Weekly
06/08/07 2 X week
06/11/07 2 X week
06/13/07 2 X week
06/30/07 2 X week
REGION: Asheville
UNIT OF
CALCULATED % OVER
MEASURE
LIMIT
VALUE
LIMIT
VIOLATION TYPE
mg/I
45
52.1
15.78
Daily Maximum Exceeded
ug/I
28
1,600
5,614.29
Daily Maximum Exceeded
ug/I
28
1,000
3,471.43
Daily Maximum Exceeded
ug/I
28
1,600
5,614.29
Daily Maximum Exceeded
ug/I
28
1,600
.5,614.29
Daily Maximum Exceeded

0�
MOP
NPDES PERMIT NO. NCO029882 DISCHARGE NO.
."EFFLUENT
GOI
MONTH June
FACILITY NAME BRIARWOOD SUBDIVISION CLASS 11 COUNTY-- (tIJWWM&e
OPERATOR IN RESPONSIBLE CHARGE (ORC) MIKE CAGLE GRADE IV PHONE [phone]
CERTIFIED LABORATORIES (1) JAMES & JAMES ENVIRONMENTAL MGT., INC. - #482 (2)
CHECK BOX IF ORC HAS CHANGED PERSON(S) CQlhECTI[yp SA)qPLES MIKE CAGLE
Mail ORIGINAL and ONE COPY to:
ATTN: CENTRAL FILES
DENR-DWQ
1617MAIL SERVICE CENTER
RALEIGH, NC 27699-1617
BY THIS SIGNATURE, I CERTfY THAT THIS REPORT IS
ACCURATE AND COMPLETE TIM REST Q MX "W&TALD-GE,
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2007
7-20-07
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Facility Status (Please check one of the following)
X
All monitoring data and sampling frequencies meet permit requirements °
Compliant
—,
All monitoring data and sampling frequencies do NOT meet requirements
Noncompliant
If the facility is noncompliant, please comment oh corrective actions being taken in respect to equipment, operation, maintenance, etc. -
and a time table for improvements to be made.
NIL = NO LIMIT
*= BOD — QC OUT OF RANGE, SAMPLE DID NOT "TAKE 2, LEAVE 1" - RESULT INVALID;>40.0MG/L
**= BOD — SAMPLE DID NOT 7AKEE 2, LEAVE 1, BLANK OUT OF RANGE, GGA OUT OF RANGE — RESULT VALID
***= BOD — QC OUT OF RANGE — RESULTS ARE VALID
DECHLOR INSTALLED ON 5/14/0y"- {
I certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance
with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my
inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the
information submitted is to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant
penalties for submitting false information, including the possibility of fines and imprisonment for knowing violations."
BRIARWOOD SUBDIVISION
Permittee (Please print or type)
2 C . 7/20/2007
JI&gnaLtuire 9oferm, a** I Date
3' DIX CREEK #1, LEICESTER, NC 28748 828-697-0063 10/31/2010
Perm ittee Address Phone Number Permit Exp. Date
PARAMETER CODES
00010 Temperature 00556 Oil & Grease 00951 Total Flouride
01067 Nickel 50060 Total
00076 Turbidity 00600 Total Nitrogen 01002 Total Arsenic
01077 Silver Residue
00080 Color (Pt -Co) 00610 Ammonia Nitrogen
01092 Zinc Chlorine
00082 Color (ADMI) 00625 Total Kjeldhal 01027 Cadmium
01105 Aluminum
Nitrogen
00095 Conductivity 000630 Nitrate/Nitrites 01032 Hexavalent Chromium
01147 Total Selenium 71880 Formaldehyde
00300 Dissolved Oxygen 01034 Chromium
31616 Fecal Coliform 71900 Mercury
00310 BOD5 00665 Total Phosphorous
32730 Total Phenolics 81551 Xylene
00340 COD 00720 Cyanide 01037 Total Cobalt
34235 Benzene
00400 pH 00745 Total Sulfide 01042 Copper
34481 Toluene
00530 Total Suspended 00927 Total Magnesium
38260 MBAS
i Residue 00929 Totall Sodium 01045 Iron
39516 PCBs
00545 Settleable Matter 00940 Total Chloride 01051 Lead
50050 Flow
Parameter Code assistance may obtained b calling the Water Quality Compliance Group at [phone], extension 581 or 534.
The monthly average for fecal coliform is to be reported as a GEOMETRIC mean. Use only units designated in the reporting
facility's permit for reporting data.
*ORC must visit facility and document visitation of facility as required per 15 A NCAC 8A .0202 (b) (6) (B).
**If signed by other than the pemnittee, delegation of signatory authority must be on file with
the state per 15A NCAC 213.0506 (b)
(2) (D).
v; -

DIVISION OF WE R QUALITY - CIVIL PENALTY ASSESSMENT (FILE)
Violator: Mrs. Bertha S. Burnette/ Briarwood
County: " Buncombe
Case Number: LV-2007-0452
ASSESSMENT FACTORS
As required by G.S. 143-214.6A(c), in determining the amount of the penalty I considered the factors
set out in G.S. 143B-282.1(b), which are:
1) The degree and extent of harm to the natural resources of the State, to the public health, or to
private property resulting from the violation;
There was no quantifiable harm to the natural resources of the State, to the public
health, or to private property; however, all effluent violations are detrimental to the receiving stream.
2) The duration and gravity of the violation;
There were four Daily Max violations of Total Residual Chlorine and one Daily Max BOD violation
for the month of June.
3) The effect on ground or surface water quantity or quality or on air quality;
The effect is unknown, however, all effluent violations are detrimental to the receiving stream.
4) The cost of rectifying the damage;
The cost is unknown.
5) The amount of money saved by noncompliance;
The cost is unknown.
6) Whether the violation was committed willfully or intentionally;
The contract operator inadvertently forgot that Total Residual Chlorine sampling had taken effect. In
the middle of the month dechlorination equipment was installed and testing was done in ug/L
instead of mg/L. No violations have since been reported.
7) The prior record of the violator in complying or failing to comply with programs over which
the Environmental Management Commission has regulatory authority; and
There has been one previous enforcement in the last year.
8) The cost to the State of the enforcement procedures.
$65.07.
to Wog4 C. Edwards, Regional Supervisor
Surface Water Protection Section
Asheville Regional Office

B IF COPY
h arolina Department c
SURFACE WATER PROTECTION SECTION
November 30, 2007
CERTIFIED MAIL
RETURN RECEIPT REQUESTED 7006 3450 0002 7064 1915
Mrs. Bertha S. Burnette
41 Dix Creek Rd #1
Leicester, North Carolina 28748
Michael F. Easley, Governor
William G. Ross Jr., Secretary
ironment and Natural Resources
Coleen H. Sullins, Director
Division of Water Quality
Asheville Regional Office
SUBJECT: Notice of Violation and Assessment of Civil Penalty
for Violations of North Carolina General Statute (G.S.) 143-215.1(a)(6)
and NPDES Permit NCO029882
Briarwood WWTP
Case No. LV-2007-0451
Buncombe County
Dear Mrs. Burnette:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $315.07
($250.00 civil penalty + $65.07 enforcement costs) against Bertha S. Burnette.
This assessment is based upon the following facts: a review has been conducted of the discharge
monitoring report (DMR) submitted by Bertha S. Burnette for the month of May 2007. This
review has shown the subject facility to be in violation of the discharge limitations and/or
monitoring requirements found in NPDES Permit NC0029882. The violations which occurred in
May 2007 are summarized in Attachment A to this letter.
Based upon the above facts, I conclude as a matter of law that Bertha S. Burnette violated the
terms, conditions or requirements of NPDES Permit NCO029882 and G.S. 143-215. 1 (a)(6) in the
manner and extent shown in Attachment A. In accordance with the maximums established by G.S.
143-215.6A(a)(2), a civil penalty may be assessed against any person who violates the terms,
conditions or requirements of a permit required by G.S. 143-215.1(a).
Based upon the above findings of fact and conclusions of law, and in accordance with authority
provided by the Secretary of the Department of Environment and Natural Resources and the
Director of the Division of Water Quality, I, Roger C. Edwards, Division of Water Quality
Regional Supervisor for the Asheville Region, hereby make the following civil penalty assessment
against Bertha S. Burnette:
i.
d
Nne
orthCarolina
Naturally
North Carolina Division of Water Quality 2090 U.S. Highway 70 Swannanoa, NC 28778 Phone[phone] Customer Service
Internet: www.ncwaterguality.org FAX [phone] 623-7748

10 of the 10 violations of G.S. 143-215.1(a)(6) and NPDES Permit
250.00 No. NC0029882, by discharging waste water into the waters of the
State in violation of the Permit Daily Maximum limit for
C'HLORINK
$250.00 TOTAL, CIVIL PENALTY
$65.07 Enforcement Costs
$315.07 TOTAL AMOUNT DUE
Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty I have taken into
account the Findings of Fact and Conclusions of Law and the factors set forth at G.S. 143B-
282.1(b), which are:
a (1) The degree and extent of harm to the natural resources of the State, to the public health, or
to private property resulting from the violation;
(2) The duration and gravity of the violation;
(3) The effect on ground or surface water quantity or quality or on air quality;
(4) The cost of rectifying the damage;
(5) The amount of money saved by noncompliance;
(6) Whether the violation was committed willfully or intentionally;
(7) The prior record of the violator in complying or failing to comply with programs over
which the Environmental Management Commission has regulatory authority; and
(8) The cost to the State of the enforcement procedures.
Within thirty days of receipt of this notice, you must do one of the following:
Submit payment of the penalty:
Payment should be made directly to the order of the Department of Environment and Natural
Resources (do not include waiver form). Payment of the penalty will not foreclose further
enforcement action for any continuing or new violation(s). Please submit payment to the
attention of:
Point Source Compliance/Enforcement Unit
Division of Water Quality
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
OIL
2. Submit a written request for remission or mitigation including a detailed justification
for such request:
Please be aware that a request for remission is limited to consideration of the five factors listed
below as they may relate to the reasonableness of the amount of the civil penalty assessed.
Requesting remission is not the proper procedure for contesting whether the violation(s)
occurred or the accuracy of any of the factual statements contained in the civil penalty
assessment document. Because a remission request forecloses the option of an administrative
hearing, such a request must be accompanied by a waiver of your right to an administrative
hearing and a stipulation and agreement that no factual or legal issues are in dispute. Please
prepare a detailed statement that establishes why you believe the civil penalty should be
remitted, and submit it to the Division of Water Quality at the address listed below. In

determining whether a remnbwn request will be approved, the following factors shall be
considered:
(1) whether one or more of the civil penalty assessment factors in NCGS 14313-282.1(b)
was wrongfully applied to the detriment of the petitioner;
(2) whether the violator promptly abated continuing environmental damage resulting from
the violation;
(3) whether the violation was inadvertent or a result of an accident;
(4) whether the violator had been assessed civil penalties for any previous violations; or
(5) whether payment of the civil penalty will prevent payment for the remaining necessary
remedial actions.
Please note that all evidence presented in support of your request for remission must be submitted
in writing. The Director of the Division of the Division of Water Quality will review your
evidence and inform you of his decision in the matter of your remission request. The response will
provide details regarding the case status, directions for payment, and provision for further appeal
of the penalty to the Environmental Management Commission's Committee on Civil Penalty
Remissions (Committee). Please be advised that the Committee cannot consider information that
was not part of the original remission request considered by the Director. Therefore, it is very
important that you prepare a complete and thorough statement in support of your request for
remission.
In order to request remission, you must complete and submit the enclosed "Request for Remission
of Civil Penalties, Waiver of Right to an Administrative Hearing, and Stipulation of Facts" form
within thirty (30) days of receipt of this notice. The Division of Water Quality also requests that
you complete and submit the enclosed "Justification for Remission Request." Both forms should
be submitted to the following address:
Point Source Compliance/Enforcement Unit
Division of Water Quality
1617 Mail Service Center
Raleigh, North Carolina 27699-1617

OR
3. File a petition for an administrative hearing with the Office of Administrative Hearings:
If you wish to contest any statement in the attached assessment document you must file a petition
for an administrative hearing. You may obtain the petition form from the Office of Administrative
Hearings. You must file the petition with the Office of Administrative Hearings within thirty (30)
days of receipt of this notice. A petition is considered filed when it is received in the Office of
Administrative Hearings during normal office hours. The Office of Administrative Hearings
accepts filings Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m., except for
official state holidays. The original and one (1) copy of the petition must be filed with the Office
of Administrative Hearings. The petition may be faxed - provided the original and one copy of the
document is received in the Office of Administrative Hearings within five (5) business days
following the faxed transmission. The mailing address for the Office of Administrative Hearings
is:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, North Carolina 27699-6714
Telephone [phone] Facsimile: [phone]
and
Mail or hand -deliver a copy of the petition to
General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
Raleigh, North Carolina 27699-1601
Please indicate the case number (as found on page one of this letter) on the petition.
Failure to exercise one of the options above within thirty (30) days of receipt of this letter, as
evidenced by an internal date/time received stamp .(not a postmark), will result in this matter being
referred to the Attorney General's Office for collection of the penalty through a civil action. Please
be advised that additional penalties may be assessed for violations that occur after the review
period of this assessment.
If you have any questions, please contact Janet Cantwell of the Water Quality staff of the Asheville
Regional Office at 828-296-4500.
Sincerely, ,n
Roger C. Edwards, Regional Supervisor
Surface Water Protection Section
Asheville Regional Office
ATTACHMENTS
-cc W(A ls?is11e Tialew/attallments+.
-WQ Central Files w/ attachments
Bob Guerra/ Enforcement Files w/ attachments
James & James Environmental/ORC w/ attachments

JUS'aiLr ICATION FOR REMISSION REQur�ST
DWQ Case Number: LV-2007-0451 County: Buncombe
Assessed Party: Bertha S. Burnette/ Briarwood
Permit No. NC0029882 Amount Assessed: $315.07
Please use this form when requesting remission of this civil penalty. You must also complete the
"Request For Remission, Waiver of Right to an Administrative Hearing, and Stipulation of Facts "
form to request remission of this civil penalty. You should attach any documents that you believe
support your request and are necessary for the Director to consider in evaluating your request for
remission. Please be aware that a request for remission is limited to consideration of the five factors
listed below as they may relate to the reasonableness of the amount of the civil penalty assessed.
Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or
the accuracy of any of the factual statements contained in the civil penalty assessment document.
Pursuant to N.C.G.S. § 143B-282. 1 (c), remission of a civil penalty may be granted only when one or
more of the following five factors applies. Please check each factor that you believe applies to your
case and provide a detailed explanation, including copies of supporting documents, as to why the
factor applies (attach additional pages as needed).
(a) one or more of the civil penalty assessment factors in N.C.G.S. 143B-282.1(b) were
wrongfully applied to the detriment of the petitioner (the assessment factors are listed in the civil
penalty assessment document);
(b) the violator promptly abated continuing environmental damage resulting from the
violation (i.e., explain the steps that you took to correct the violation and prevent facture occurrences);
(c) the violation was inadvertent or a result of an accident (i. e., explain why the violation
was unavoidable or something you could not prevent or prepare for);
(d) the violator had not been assessed civil penalties for any previous violations;
(e) payment of the civil penalty will prevent payment for the remaining necessary remedial
actions (i. e., explain how payment of the civil penalty will prevent you from performing the activities
necessary to achieve compliance).
EXPLANATION:

STATE OF NORTH CAROLIi-qA
COUNTY OF BUNCOMBE
IN THE MATTER OF ASSESSMENT
OF CIVIL PENALTIES AGAINST
BERTHA S. BURNETTE/
BRIARWOOD
PERMIT NO. NCO029882
DEPARTMhNT OF ENVIRONMENT
AND NATURAL RESOURCES
WAIVER OF RIGHT TO AN
ADMINSTRATIVE HEARING AND
STIPULATION OF FACTS
FILE NO. LV-2007-0451
Having been assessed civil penalties totaling $315.07 for violation(s) as set forth in the
assessment document of the Division of Water Quality dated November 30, 2007, the undersigned,
desiring to seek remission of the civil penalty, does hereby waive the right to an administrative hearing
in the above -stated matter and does stipulate that the facts are as alleged in the assessment document.
The undersigned further understands that all evidence presented in support of remission of this civil
penalty must be submitted to the director of the Division of Water Quality within thirty (30) days of
receipt of the notice of assessment. No new evidence in support of a remission request will be allowed
after (30) days from the receipt of the notice of assessment.
This the
day of
SIGNATURE
ADDRESS
TELEPHONE
20

ATTACHMENT A
Bertha S Burnette
CASE NUMBER: LV-2007-0451
PERMIT: NCO029882
FACILITY: Briarwood WWTP
COUNTY: Buncombe
REGION: Asheville
Limit Violations
MONITORING
OUTFALLI
VIOLATION
UNIT OF
CALCULATED % OVER
PENALTY
REPORT
PPI
LOCATION
PARAMETER
DATE
FREQUENCY
MEASURE
LIMIT
VALUE
LIMIT
VIOLATION TYPE
$25.00
5-2007
001
Effluent
CHLORINE
05/01/07
2 X week
ug/I
28
800
2,757.14
Daily Maximum Exceeded
$25.00
5-2007
001
Effluent
CHLORINE
05/02/07
2 X week
ug/I
28
2,000
7,042.86
Daily Maximum Exceeded
$25.00
5-2007
001
Effluent
CHLORINE
05/10/07
2 X week
ug/I
28
2,000
7,042.86
Daily Maximum Exceeded
$25.00
5-2007
001
Effluent
CHLORINE
05/11/07
2 X week
ug/I
28
1,800
6,328.57
Daily Maximum Exceeded
$25.00
5-2007
001
Effluent
CHLORINE
05/17/07
2 X week
ug/I
28
2,000
7,042.86
Daily Maximum Exceeded
$25.00
5-2007
001
Effluent
CHLORINE
05/18/07
2 X week
ug/I
28
1.600
5,614.29
Daily Maximum Exceeded
$25.00
5-2007
001
Effluent
CHLORINE
05/24/07
2 X week
ug/I
28
1,800
6,328.57
Daily Maximum Exceeded
$25.00
5-2007
001
Effluent
CHLORINE
05/25/07
2 X week
ug/I
28
1,600
5,614.29
Daily Maximum Exceeded
$25.00
5-2007
001
Effluent
CHLORINE
05/30/07
2 X week
ug/I
28
1,500
5,257.14
Daily Maximum Exceeded
$25.00
5-2007
001
Effluent
CHLORINE
05/31/07
2 X week
ug/I
28
2,000
7,042.86
Daily Maximum Exceeded

UPLUENT
?kflp'nv'Q -piw-RIMT NO. NCO029882 DISCHARGE NO. 001 MONTH May Y
FACILITY NAME BRIARWOOD SUBDIVISION CLASS If COUNTY BUN MBE
OPERATOR IN RESPONSIBLE CHARGE (011C) MIKE CAGLE GRADE IV PHONE 828-697:DO63-
).,,;.-,,;,,�,,,JAMIES_&-JAMEt�� NVIRONMENTAL MGT., INC. - #482 (2)
CHECK BOXIF.qK HAS CHANGED PERSONS ).CpLLEq1T5G SAMPLES MIKE CAGLE
Mail ORIGIN,�. .'a 0: 6-18-07
x
ATTN: C (SIGNAT RE OF OP TOR IN RESPONSIBLE CHARGE) DATE
EN S E
DENR-D'W' Q BY THIS SIGNATURE, I CERTIFY THAT THIS REPORT
1617MAIL SE .vi -TER ACCURATE AND COMPLETETO THE BEST OF MY o DGE.
V
RALEIGH, N 276 1 JUL 2 3 2007
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Facility Status (Please check one of the following)
All monitoring data and sarpling frequencies meet permit requirements
Compliant
All monitoring data and sampling frequencies do NOT meet requirements
Noncompliant
If the facility is noncompliant, please comment on corrective actions being taken in respect to equipment, operation, maintenance, etc.
and a time table for improvements to be made.
NL = NO LIMIT
*=BOD — BLANK OUT OF RANGE, SAMPLE DID NOT "TAKE 2, LEAVE 1" - RESULT OK
"I certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance
with a system designed to assure that qualified personnel property 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."
BRIARWOOD SUBDIVISION
Permittee (Please print or type)
6/20/2007
Date
3- DIX CREEK #1, LEICESTER, NC 28748 828-697-0063 10/31/2010
Permittee Address Phone Number Permit Exp_ Date
PARAMETER CODES
00010 Temperature
00556 Oil & Grease
00951 Total Flouride
01067 Nickel
00076 Turbidity
00600 Total Nitrogen
01002 Total Arsenic
01077 Silver
00080 Color (Pt -Co)
00610 Ammonia Nitrogen
01092 Zinc
00082 Color (ADMI)
00625 Total V4eldhal
01027 Cadmium
01105 Aluminum
Nitrogen
00095 Conductivity
000630 Nitrate/Nitrites
01032 Hexavalent Chromium
01147 Total Selenium
00300 Dissolved Oxygen
01034 Chromium
31616 Fecal Coliform
00310 BOD5
00665 Total Phosphorous
32730 Total Phenolics
00340 COD
00720 Cyanide
01037 Total Cobalt
34235 Benzene
00400 pH
00745 Total Sulfide
01042 Copper
34481 Toluene
00530 Total Suspended
00927 Total Magnesium
38260 MBAS
Residue
00929 Totall Sodium
01045 Iron
39516 PCBs
00545 Settleable Matter
00940 Total Chloride
01051 Lead
50050 Flow
50060 Total
Residue
Chlorine
71880 Formaldehyde
71900 Mercury
81551 Xylene
Parameter Code assistance may obtained b calling the Water Quality Compliance Group at [phone], extension 581 or 534.
The monthly average for fecal colifonn is to be reported as a GEOMETRIC mean. Use only units designated in the reporting
facility's permit for reporting data.
*ORC must visit facility and document visitation of facility as required per 15 A NCAC 8A .0202 (b) (5) (B).
**If signed by other than the perrmittee, delegation of signatory authority must be on file with the state per 15A NCAC 26.0506 (b)
(2) (D)•
LU

DIVISION OF WA.rkR QUALITY - CIVIL PENALTY ASSESSMENT (FILE)
Violator: Mrs. Bertha S. Burnette/ Briarwood
County: Buncombe
Case Number: LV-2007-0451
ASSESSMENT FACTORS
As required by G.S. 143-214.6A(c), in determining the amount of the penalty I considered the factors
set out in G.S. 143B-282.1(b), which are:
1) The degree and extent of harm to the natural resources of the State, to the public health, or to
private property resulting from the violation;
There was no quantifiable harm to the natural resources of the State, to the public
health, or to private property; however, all effluent violations are detrimental to the receiving stream.
2) The duration and gravity of the violation;
There were 10 Daily Maximum violations of Total Residual Chlorine for the month of May.
3) The effect on ground or surface water quantity or quality or on air quality;
All effluent violations are detrimental to the receiving stream.
4) The cost of rectifying the damage;
The cost is unknown.
5) The amount of money saved by noncompliance;
The amount is unknown.
6) Whether the violation was committed. willfully or intentionally;
Total Residual Chlorine took effect in this permit on May 1, 2007, with a requirement to sample
twice per week with a limit of 28 ug/L. The contract operator inadvertently forgot the date and
continued to sample using mg/L.
7) The prior record of the violator in complying or failing to comply with programs over which
the Environmental Management Commission has regulatory authority; and
There have been no enforcements in the last four years.
8) The cost to the State of the enforcement procedures.
65.0
r a 7 3D
Date Roger C. Edwards, Regional Supervisor
Surface Water Protection Section
Asheville Regional Office

Parameter
Date
Limit Value
Coliform, Fecal MF, M-
FC Broth,44.5C
04/30/07
400
#/100ml
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51 -
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c.Michael F. Easley, Governor
William G. Ross Jr., Secretary
`�4 North Carolina Department of Environment and Natural Resources
Coleen H. Sullins, Director
Division of Water Quality
SURFACE WATER PROTECTION
October 15, 2007
CERTIFIED MAIL
RETURN RECEIPT REQUESTED 7006 3450 0002 70641304
Mrs. Bertha S. Burnette
41 Dix Creek Road #1 _
Leicester, North Carolina 28748
t
Subject:
I
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E
I
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Dear Mrs. Burnette:
f
A review of Briarwood WWTP's monitoring repor
violation:
'
I
t
Remedial actions, if not already implemented, shoj-
the comments section on the reverse of the relevant DMR
subject violation, it is not requested that a response b
additional information concerning the violations or comr
submit them to the attention of Janet Cantwell at 828-291
�7006 3450
Asheville Regional Office
0002 7064 1304
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North Carolina Division of Water Quality 2090 U.S. Highway 70 Swannanoa, N.C. 28778 Phone[phone] Customer Service
Internet: www.ncwaterauality.org FAX [phone].

Mrs. Bertha Burnette
October 15, 2007
The Division of water Quality may pursue enforcement actions for this and any additional
violations. If the violations are of a continuing nature, not related to operation. and/or maintenance
problems, and you anticipate remedial construction activities, then you may wish to consider applying
for a Special Order by Consent. You may contact Don Price of this Office for additional information.
If you should have any questions, please do not hesitate to contact Janet Cantwell or me at
8:8/296-4500.
nJQ Ashev'_ to Files
Q Central Files
Bob Guerra/ Enforcement Files
James & James Environmental
Sincerely,
Roger C. Edwards, Regional Supervisor
Surface Water Protection Section
a

March 12, 2007
DWQ
2090 U. S. Highway 70
Swannanoa, N. C. 28778
Subject: Briarwood WWTP
21-�G�z � ,
-
The fence has been installed at the facility.
Bertha S. Burnette
683-3791
MAR 132007
WATER QUALITY SECTION
ASHEVILLE REGIONAL -OFFICE-

Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department u, ttivironment and Natural Resources
SURFACE WATER PROTECTION
March 2, 2007
Mrs. Bertha S. Burnette
41 Dix Creek Road #1
Leicester, North Carolina 28748
Alan W. Klimek, P.E. Director
Division of Water Quality
F
s
SUBJECT: Compliance Evaluation Inspection
Status: Compliant
Briarwood WWTP
Permit No: NCO029882
Buncombe County
Dear Mrs. Burnette:
Enclosed please find a copy of the Compliance Evaluation Inspection form from
the inspection conducted on February 20, 2007. The facility appeared to be in
compliance with Permit # NC0029882. It was noted, however, that the facility's fence
next to the road needs to be repaired. Please respond within fifteen (15) days of receipt
of this letter with a timeframe for completing the repairs.
Please refer to the enclosed inspection report for additional observations and
comments. If you or your staff have any questions, please call me at 828-296-4500, Ext.
4667.
Sincerely,
et Cantwell.
Environmental Specialist
Enclosure
-WQ Central Files, w/ attachment
James & James Environmental, w/ attachment
N ne Caroli a
ttrral�
2090 U.S. Highway 70, Swannanoa, NC 28778 Telephone: [phone] Fax: [phone] Customer Service 1 877 623-6748

United States Environmental Protection Agency
EPA Washington, D.C. 20460
Form Approved.
OMB No. 2040-0057
Water Compliance inspection Report
Approval expires 8-31-98
Section A: National Data System Coding (i.e., PCS)
Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type
1 N 2 15I 31 N00029882 111 121 07/02/20 117
lJ l
181 rl 191,131 20I '
IJ LJ
Remarks
21111111111111111111111111111111111111111111111116
Inspection Work Days Facility Self -Monitoring Evaluation Rating B1 QA
-- -- - -- -- - —Reserved---------- — --
671 69 70I �--� I 71 U 72 N I
73I I 174 751 I I I I I I 180
t_ _u
Section B: Facility Data
Name and Location of Facility Inspected (For Industrial Users discharging to POTW, also include
POTW name and NPDES permit Number)
Entry Time/Date
Permit Effective Date
Brian -mod ww`eP
12:00 Pm 07/02/20
05/11/01
41 Dix Creek Rd
Exit Time/Date
Permit Expiration Date
Leicester NC 28748
12:20 PM 07/02./20
10/10/31.
Name(s) of Onsite Representafive(s)fritles(s)/Phone and Fax Number(s)
Other Facility Data
Name, Address of Responsible Official/Title/Phone and Fax Number
Contacted
Bertlia S Burnet:te,41 Dix Creek Rd #1 Leicester NC 28748//828-683-3791
Section C: Areas Evaluated During Inspection (Check only those areas evaluated)
Permit Operations & Maintenance N Records/Reports
■ Self -Monitoring Program
Facility Site Review
Section D: Summary of Finding/Comments (Attach additional sheets of narrative
and checklists as necessary)
(See attachment summary)
Name(s) and Signature(s) of Inspector(s) q_� P Agency/Office/Phone and Fax Numbers Date
i'
Janet Cantwell ARO FQ//828-296-4500 Ext.4667/
Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date
3/Z/%
EPA Form 3560-3 (Rev 9-94) Previous editions are obsolete.
Page # 1

NPDES yr,/mo/day Inspection Type (cont.) 1
3I NC0029882 I11 12I 07/02/20 117 18''_I
Section D: Summary of Finding/Comments (Attach additional) ssheets of narrative and checklists as necessary)
Juanita James of James & James Environmental assisted in the inspection of this facility.
The previous compliance evaluation inspection was conducted on March 16, 2006.
A review of the files indicates that the permit expires on October 31, 2010.
The aeration basin process control data on the day of the inspection:
Dissolved Oxygen = 1.6 mg/I
Temperature = 8 degrees CelCILIS
pH = 6.6 units
The effluent data on the day of the inspection:
Dissolved Oxygen = 3.8 mg/I
Temperature = 7 degrees Celcius
pH = 6.6 units
The log book was present on -site and had good records of daily events.
The effluent was clear.
The facility's fence (next to the road) needs to be repaired. This was noted during the last inspection on
3/16/06. Please respond within 15 days as to a timeframe for completing the repairs.
Page # 2

Permit: NCO029882 Owner - Facility: Briarwood VMTP
Inspection Date: 02/20/2007 Inspection Type: Compliance Evaluation
Permit
.__._..._......._..
Yes
No
NA
NE
(If the present permit expires in 6 months or less). Has the permittee submitted a new application?
❑
❑
■
❑
Is the facility as described in the permit?
■
❑
❑
0
# Are there any special conditions for the permit?
❑
■
❑
�]
Is access to the plant site restricted to the general public?
■
❑
❑
❑
Is the inspector granted access to all areas for inspection? ■ ❑ ❑ ❑
Comment:
Operations & Maintenance Yes No NA NE
Is the plant generally clean with acceptable housekeeping? ■ ❑ Q ❑
Does the facility analyze process control parameters, for ex: MLSS, MCRT, Settleable Solids, pH, DO, Sludge ■ ❑ ❑ ❑
Judge, and other that are applicable?
Comment:
Record Keeping
Yes
No
NA
NE
Are records kept and maintained as required by the permit?
■
❑
❑
❑
Is all required information readily available, complete and current?
■
❑
❑
❑
Are all records maintained for 3 years (lab. reg. required 5 years)?
Cl
❑
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■
Are analytical results consistent with data reported on DMRs?
Q
❑
Cl
■
Is the chain -of -custody complete?
❑
❑
❑
■
Dates, times and location of sampling
❑
Name of individual performing the sampling
❑
Results of analysis and calibration
❑
Dates of analysis
❑
Name of person performing analyses
❑
Transported COCs
❑
Are DMRs complete: do they include all permit parameters?
■
❑
❑
❑
Has the facility submitted its annual compliance report to users and DWQ?
®❑
❑
❑
(If the facility is = or > 5 MGD permitted flow) Do they operate 24/7 with a certified operator on each shift?
❑
❑
■
❑
Is the ORC visitation log available and current?
■
❑
❑
❑
Is the ORC certified at grade equal to or higher than the facility classification?
■
❑
❑
❑
Is the backup operator certified at one grade less or greater than the facility classification?
■
❑
❑
❑
Is a copy of the current NPDES permit available on site?
■
❑
❑
❑
Page # 3

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Permit: NCO029882
Inspection Date: 02/20/2007
Disinfection -'tablet
Is the level of chlorine residual acceptable?
Is the contact chamber free of growth, or sludge buildup?
Is there chlorine residual prior to de -chlorination?
Owner - Facility: Briarwood WWTP
Inspection Type: Compliance Evaluation
Comment:
Total Residual Chlorine monitoring will take effect May 1, 2007.
Page # 5

C)� W A e( F. `asley; GoCe lion
7 Willia R:cs CO
G. ml,, Se�retary,
[ North Carolina Department of Environment and Natural Resources
--i
Alan W. Klimek, P.E. Director
Division of Water Quality
SURFACE WATER PROTECTION SECTION
March 17, 2006
Mrs. Bertha S. Burnette
Briarwood Subdivision
41 Dix Creek Road # 1
Leicester, North Carolina 28748
Subject: Compliance Evaluation Inspection
Status: Compliant
Briarwood Subdivision WWTP
NPDES Permit# NCO029882
Buncombe County
Dear Mrs. Burnette:
Enclosed please find a copy of the Compliance Evaluation Inspection report from the inspection I conducted on March 16,
2006, of Briarwood Subdivision's wastewater treatment plant. The facility appears to be in compliance with the conditions
stated in the permit.
If you have any questions, please do not hesitate to call me at 828-296-4500.
Sincerely,
1!
.. --Janet C twelf�J
Environmental Technician
Attachment
Xc: James & James Environmental
Central Files
No rthCarolina
,Xaftmally
North Carolina Division of Water Quality 2090 U.S. Highway 70 Swannanoa, NC 28778 Phone [phone] Customer Service
Internet: h2o.enr.state.nc.us FAX [phone]
An Equal Opportunity/Affirmative Action Employer— 50% Recycled/10% Post Consumer Paper

United States Environmental Protection Agency
EA Washington, D.C. 20460
Form Approved.
/`1
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 1 NI 2 151 31 N00029882 111 12I 06/03/16 117
!J
18 cl -19I SI 20I I
!—!
Remarks
21II1IIII1'IIII111111IIIIIIIIIIIIIIIIIIIIIIIIII1116
Inspection Work Days Facility Self -Monitoring Evaluation Rating 131 QA
--------- ---------- --Reserved ---------- --- --- --
67 I 169 70 131 711 I 72I N I
u
73 IW I 174 751 I I I I I I 180
Section B: Facility Data
Name and Location of Facility Inspected (For Industrial Users discharging to POTW, also include
POTW name and NPDES permit Number)
Entry Time/Date
Permit Effective Date
Briarwood WWTP
10:40 AM 06/03/16
05/11/01
Exit Time/Date
Permit Expiration Date
41 Dix Creek. Rd
Leicester NC 28748
12:30 PM 06/03/16
10/10/31
Name(s) of Onsite Representative(s)lTitles(s)/Phone and Fax Number(s)
Other Facility Data
Harry Dewain James/ORC/828-697-0063/
Name, Address of Responsible Official/Title/Phone and Fax Number
Contacted
Bertha S Burnette,41 Dix Creek Rd #1 Leicester NC 28748//828-683-3791d
0
Section C: Areas Evaluated During Inspection (Check only those areas evaluated)
Permit ® Operations & Maintenance N Records/Reports
Facility Site Review
Effluent/Receiving Waters
Section D: Summary of Finding/Comments (Attach additional sheets of narrative
and checklists as necessary)
(See attachment summary)
Name(s) and Signature(s) of Inspector(s) Agency/Office/Phone and Fax Numbers Date
Janet Cantwell � ARO WQ//828-296-4500 Ext.4667/
��
yl
S" ure of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date
tY_ I d
PA Form 3560-3 (Rev 9-94) Previous editions are obsolete.
Page # 1

NPDES yr/mo/day Inspection Type
NCO029882 I11 12I 06/03/16 I17 18ICI
(cont.) 1
Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary)
Harry James/ORC was on -site during the inspection.
This facility is a small package plant with aeration basin, clarifier, and chlorine contact chamber. It services
about 12 homes and has a low flow.
One of the blowers blew up a few days ago, but Harry James/ORC has ordered a new one which will be in
by 3/20/06.
The aeration basin needs to be dipped of some trash.
The weirs are slightly off.
The logbook is up to date.
There was no odor and the color was good.
The effluent looked fine.
The fence next to the roadside needs to be repaired from damage caused by the last ice storm. David
Burnette, the owner's son, was on -site and said he would fix the fence.
Page # 2

Permit: NCO029882 Owner - Facility: Briarwood WWTP
Inspection Date: 03/16/2006 Inspection Type: Compliance Evaluation
Operations & Maintenance Yes No NA NE
Is the plant generally clean with acceptable housekeeping? ■ ❑ ❑ ❑
Does the facility analyze process control parameters, for ex: MLSS, MCRT, Settleable Solids, pH, DO, Sludge ❑ ❑ ❑ ■
Judge, and other that are applicable?
Comment:
Permit
Yes
No
NA
NE
(If the present permit expires in 6 months or less). Has the permittee submitted a new application?
❑
❑
■
❑
Is the facility as described in the permit?
■
❑
❑
❑
# Are there any special conditions for the permit?
❑
■
❑
❑
Is access to the plant site restricted to the general public?
■
❑
❑
❑
Is the inspector granted access to all areas for inspection?
■
❑
❑
❑
Comment:
Record Keeping
Yes
No
NA
NE
Are records kept and maintained as required by the permit?
■
❑
❑
❑
Is all required information readily available, complete and current?
■
❑
❑
❑
Are all records maintained for 3 years (lab. reg. required 5 years)?
■
❑
❑
❑
Are analytical results consistent with data reported on DMRs?
❑
❑
❑
■
Is the chain -of -custody complete?
❑
❑
❑
■
Dates, times and location of sampling
❑
Name of individual performing the sampling
❑
Results of analysis and calibration
❑
Dates of analysis
❑
Name of person performing analyses
❑
Transported COCs
❑
Are DMRs complete: do they include all permit parameters?
■
❑
❑
❑
Has the facility submitted its annual compliance report to users and DWQ?
■
❑
❑
❑
(If the facility is = or > 5 MGD permitted flow) Do they operate 24/7 with a certified operator on each shift?
❑
❑
■
❑
Is the ORC visitation log available and current?
■
❑
❑
❑
Is the ORC certified at grade.equal to or higher than the facility classification?
■
❑
❑
❑
Is the backup operator certified at one grade less or greater than the facility classification?
■
❑
❑
❑
Is a copy of the current NPDES permit available on site?
❑
❑
❑
■
Page # 3

Permit: NCO029882
Inspection Date: 03/16/2006
Owner -Facility: Briarwood WWTP
Inspection Type: Compliance Evaluation
Record Keeping
Facility has copy of previous year's Annual Report on file for review?
Comment:
Effluent Pipe
Is right of way to the outfall properly maintained?
Are the receiving water free of foam other than trace amounts and other debris?
If effluent (diffuser pipes are required) are they operating properly?
Comment:
Secondary Clarifier
Is the clarifier free of black and odorous wastewater?
Is the site free of excessive buildup of solids in center well of circular clarifier?
Are weirs level?
Is the site free of weir blockage?
Is the site free of evidence of short-circuiting?
Is scum removal adequate?
Is the site free of excessive floating sludge?
Is the drive unit operational?
Is the return rate acceptable (low turbulence)?
Is the overflow clear of excessive solids/pin floc?
Is the sludge blanket level acceptable? (Approximately % of the sidewall depth)
Comment: The weirs are slightly off .
Aeration Basins
Mode of operation
Type of aeration system
Is the basin free of dead spots?
Are surface aerators and mixers operational?
Are the diffusers operational?
Is the foam the proper color for the treatment process?
Does the foam cover less than 25% of the basin's surface?
Is the DO level acceptable?
Is the DO level acceptable?(1.0 to 3.0 mg/1)
Yes No NA NE
Yes No NA NE
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Page # 4

Permit: NCO029882
Inspection Date: 03/16/2006
Aeration Basins
Owner - Facility: Briarwood WWTP
Inspection Type: Compliance Evaluation
Comment: One of the blower motors broke,(has been ordered), and will be in by
3/20/06.
Disinfection -Tablet
Are tablet chlorinators operational?
Are the tablets the proper size and type?
Number of tubes in use?
Is the level of chlorine residual acceptable?
Is the contact chamber free of growth, or sludge buildup?
Is there chlorine residual prior to de -chlorination?
Comment: The Permittee is monitoring TRC, with no limits. Total Residual Chlorine
limit takes effect May 1, 2007.
Page # 5

■ Coele items 1, 2, and 3. Also complete A Signature
itifRestricted Delivery Is desired. ❑ Agent
Pour name and address on the reverse ❑ Addressee
so that we can return the card to you. B. Received by (Printed Name) C. Date of Delivery
■ Attach this card to the back of the mailpiece, 1.6-71
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or on-the_front_if_soace_oermits.
—� different from item 1? ❑Yes
1! North Carolina Department of I Dry address below: ❑ No
• . Environment and Natural Resources
Division of Water Quality
NCDENR Surface Water Protection Section
2090 U.S. Highwayi70, Swannanoa, NC 28778
BERTHA S BURNETTE
41 DIX CREEK ROAD I"
LEICESTER NC 28748
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item 4 if Restricted Delivery is desired. -. �.��� { Agent
■ `Print your name and address on the reverse � ���f �; � - -;Z; -Addressee
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Division of Water Quality
Surface Water Protection Section
NCDENR 2090 U.S. Highway 70, Swannanoa, NC =878
BERTHA S BURNETTE
3. Se ice Type t L f u
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■ C lete items 1, 2, and 3. Also complete A. Signature
ii f Restricted Delivery is desired. X — 7 D
■ Pn . our name and address on the reverse G
so that we can return the card to -you. B. Received by (Printed Name)
■ Attach this card to the back of the mailpiece,
DENR
North Carolina Department of
Environment and Natural Resources
Division of Water Quality
Surface Water Protection Section
2090 U.S. Highway 70, Swannanoa, NC 28778
.,THA S. BURNETTE
41-DIX CREEK ROAD #1
-'LEICESTER NC 28748
Agent
❑ Addressee
C. Date of Dee��liveU 7
from Rem 1? U Yes
,ss below: ❑ No
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so that we can return the card to you.
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or
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B. Received by (Printed Name)
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C. Date of Deli
No;-th (--arol.r:a Decartment cf irom item 1? ye:
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3450 0002
7064 1939
-LV
aN 9Md I I
i DomesticiReturn Receipt
102595-o

UNITED STATES POSTAL SERVICE First -Class Mai
Postage & Fee d
PS
t i No. G-10
• Sender: Please print your name, address, land +4 in this-x •
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cy
-- --- SWANrv'.NOA N%_i?778

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■' cete items 1, 2, and 3. Also complete
ite 4 if Restricted Delivery is desired.
■ Print your name and address on the reverse
so that we can return the card to'you.
■ p++�..�,_+him_...�..i..,�yo._6.....�_,.s_a+.� ....,.::...,.,.,
A. Signature
X El Agent
64,
J� ❑ Addresse(
B. Received by (Printed Name) C. Date of Deliver)
If;�r North Carolina Deparment of 1
Environment and Natural Resources Intfrom item 1? ❑Yes
t ��iit��!�'Ir���.,/�'► 209-, U—S. Highway 70, Swannanoa, Nc 28:7g tlressbelow: ❑ No
BEER,'I'I�li"i
r,11 DI*);. , R; TI(. ROAD 191
NC 2'037443
3. Se ice Type
rtified Mall ress Mail
❑ Registered Retum Receipt for Merchandis(
❑ Insured Mail ❑ C.O.D. C�NI i
4. Restricted Delivery? (Extra Fee)
06 34i517 I P(]R2; i726�F 1,1_ZQ6Y)
Dc 9:-, ., -qRi 1 Fohri iary 2004 Domestic Return Receipt

UNITED STATES POSTAL SERVICE First -Class Mail
ermit,No. G-10
�F�tage & Fe d
r 08ps
• Sender: Please print your name, address,,!-qq,d 'IF444in this box'
1c,
JANC.r CANPALILL
20>?O U.S W'GH-11-1-:0
SIAWJNAN�A N," 26775-

■ lete items 1, 2, and 3. Also complete
is if Restricted. Delivery is desired.
■ Print your name and address on the reverse
so that we can return the card to you.
■ Attach this card to the back of the mailpiece
+�II1IIr;11;;111''l
U��I'Ird Irrl►I;�rh�IlEi;
A. Signature
X A.
B. Received by (Printed Name)
North Carolina Department of
Envi-onment and Natural resources
20;0 U.S. Higl way 70, Swannanoa, Nc 2.3778
d 1 [A)-%. .C:REE:: K #1
❑ Agent
❑ Addresse(
C. Date of Deliver)
12if-o
n item 1? ❑ Yes
below: ❑ No
3. Serv' a Type
Certified Mail
ERegistered
\\ 10�press Mail
.
X2 Retum Receipt for Merchandise
❑ Insured Mail
-- El C.O.D. w\
4. Restricted Delivery? (Extra Fee) ❑
7006 3450 0002 7064 1915 1 LJ —DL-01)-'e) _6jLl r(
7C Fnrm:'3R11 FAhnjsry 2on4 Domestic Return Receipt 102595-02-M-151

UNITED STATES POSTAL SEnvos
°Gender P|eoao printyour name, address, o
'.Pi%�aCges8s, Fee
Mail
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