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NC0081001_Regional Office Physical File Scan Up To 9/22/2020
75—owlf NCDENR North Carolina Department of Environment and Natural Division of Water Quality Beverly Eaves Perdue, Governor Coleen H. Sullins, Director June 30, 2009 Mr. A.D. Owen P.O. Box 193 Balsam Grove, N.C. 28708-0193 �_77 E � V E 1 ee Freeman, Secretary J U L - 7 2009 ' WATER QUALITY SECTION ASHEVILLE REGIONAL OFFICE Subjeet`A eecassaon of NPDES-Pergrint-NC008t00YR Re �"Morgara,Myll sorts —w TP lvarixa.'Coun't'.New Dear Mr. Owen: Division staff has confirmed that the subject permit is no longer required. Therefore, in accordance with your request, NPDES Permit NCO081001 is rescinded, effective immediately. If in the future your company wishes to discharge wastewater to the State's surface waters, they must first apply for and receive a new NPDES permit. Discharge of wastewater without a valid NPDES permit will subject the responsible party to a civil penalty of up to $25,000 per day. If you have questions about this matter, please contact Charles Weaver of my staff at the telephone number or address listed below. V f Coleen H. Sullins cc: Central Files .Asheville Regional (3ffice,/ Rogep Ed -wards NPDE&Peimit file` Fran McPherson, DWQ Budget Office 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 One 512 North Salisbury Street, Raleigh, North Carolina 27604. NOrlthCarohna Internet: www.ncwaterquality.org Phone: 919-807-6391 I FAX 919 807-6495 chades.weaver@ncdenr.gov 'i Y April 14, 2009 ik Cole 'rust Communities & Resorts, LLC dmont Road Building 15, Suite L120 Atlanta, Georgia 30326 Dear Mr. Cole: L Bev s erdue. overnor Dee Freeman. Secretary North Carolina Department of Environment and Natural Resources -._ - - - Coleen-H. Sullins. Director , Division of .Waier Quality D EC E[-VE I APR 15 2010 WATER QUALITY SECTION. ASHEVILLE REGIONAL OFFICE 4 SUBJECT: Request for Additional Information Merrill Trust Communities & Resorts, LLC Indian Creek Resort VVWTP WWTP Improvements ATC No. 065889AO2 Transylvania County A review of the plans and specifications in support of the request for . Authorization to Construct has been completed by the Construction Grants and .Loans Section (CG&L). The comments resulting from this review are being transmitted directly to your engineer for clarification and resolution; a copy is attached for your reference. Our goal is to issue the Authorization to Construct as soon as possible. If a complete response is not received within 30 days, the application and supporting information will be returned. Upon receipt of satisfactory responses from your engineer to our comments, the review of the plan documents will be completed. If you have any questions concerning this matter, please do not hesitate to contact Steve Coffey, P.E., State Project -Review Engineer, at (919) 715-6222. Sincerely, R Seth Robertson, P.E., p > isor" -`. Construction Grants and Loans Section Design Management Unit swc/dr Attachment to all cc: Paul Lewis, P.E. — Goldie & Associates, 210 West N. Second St., Seneca, SC 29678 `. Ashevi'P1e_�Regoll7tal office Steve Coffey, P.E. ATC File No. 065889A02 Construction Grants and Loans Section One 163A Mail Service Center Raleigh NC 27699-1633 Nor 1 Phone: 919-733-6900 / FAX: 919-715-6229 / Internet: www.nccgl.net 1Natmally VO� hCciT01111a An Equal Opportunity/Affirmative Action Employer — 50% Recycled/10% Post Consumer Paper Construction Grants & Loans Section Design Management Unit Merrill Trust Communities &.Resorts, LLC Indian Creek Resort WWTP W WTP Improvements ATC No. 065889A03 Transylvania County Request for Additional Information General Comments Provide three (3) copies of the revised plans and specifications with written responses to all review comments. 2. Tertiary filters are recommended for this plant. Submit completed plans and specifications. 3. Provide complete plans and specifications for post -aeration. Review of Calculations 1. Provide buoyancy calculations for all tankage. 2. Foundation design and construction observation by a geotechnical engineer is recommended. Foundations for the proposed structures should be designed for a net allowable bearing pressure. Differential settlement should be addressed in the geotechnical design and construction observations. 3. The flow equalization pumps must be sized so that the peak flow can be conveyed with the largest unit out of service. Resolve this. conflict. 4. Check the calculated air flow for the aeration. basins. The proposed diffuser efficiency is listed as 4%, is that value correct? 5. Provide calculations and performance curves, for all specified blowers. Blowers must be able to provide required airflow with the largest unit out of service. 6. Provide calculations and performance curves for the specified RAS pumps. The pumps must be able to provide required flow, with the largest unit out of service. Review of Plans 1. Show the nearest 100-year flood elevation,, in feet, on the site plan. 2. Provide clear plan and profile drawings with labels for tanks, pumps, yard piping including air lines. Clearly dimension all tanks. Sheets C-2 and C-3 are too generalized, making internal piping and, pumps difficult to see. 3. Provide hydraulic profile, consisting of a series of individual treatment units, of design flow and also peak hourly flow with one treatment train out of service. 4. Provide a minimum of 8 inches of clean washed stone in excavations prior to installing precast tankage instead of 4 inches of sand or suitable gravel as shown on sheet C-3. 5. Is there a flow through pipe between digestor tank #3 and flow equalization tank #4 (sheet C-3)? Please, explain. 6. Show the location of the required backflow preventer on the potable water lines. 7. Provide detail for effluent line showing uniform slope and straight alignment between manholes. 8. Provide a detail for the proposed discharge structure. Review of Specifications 1. Provide details for abandonment of existing WWTP including tankage and wastewater. 2. Specify design deadloads and live loads, and show design for elevated walkways (OSHA). 3. Provide specifications for all pumps. 4. Provide specifications for blowers. 5. Provide specifications for v-notch weir in flow splitter box. 6. All wastewater pumps should be capable of handling a minimum of 3-inch solids and provide a 4-inch discharge. Cantwell, Janet From: Frazier, Wanda Sent: Monday, June 15, 2009 10:12 AM To: Bob Guerra Cc: Cantwell, Jan. t Subject: I iorg n Mil Yl e � d Hey Bob, Remember, you asked me about this last week?!?!?! I checked the file and there was no request from the permittee to rescind the permit. ok? Janet is handling this facility. Wanda Wanda Frazier Email: Wanda.Frazier@ncdenr.gov 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: 828-299-7043 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. Re: �Nlorg"an I liflts OEGNIT NCO081001 Trans. Co From: Wanda Frazier Date: June 9, 2009 I talked with Bob Guerra today, who was trying to contact the permittee regarding late annual fees. The owner is requesting that the permit be rescinded, due to sewer lines becoming available. Bob said that he would rescind the permit. �,JiULb� AAA NCDENR North Carolina Department of Environment and -Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman , Governor Director Secretary March 16, 2009 CERTIFIED MAIL 7003 0500 0002 6819 4085 RETURN RECEIPT REQUESTED Morgan Mills Resorts WWTP PO Box 193 Balsam Grove, N.C. 28709 SUBJECT: NPDES Permit Annual Fee NPDES Permit NCO081001 Transylvania County. Dear Sir(s): All permittees operating under a NPDES Permit must .pay an Annual Administration Fee. For calendar year 2007 and 2008 it appears that your total annual fees of $1575.00 are past due. Please submit payment as indicated below within thirty days receipt of this notice. Failure to remit payment will require this matter be referred for collection. Please make checks payable. to NC DENR; please include your NPDES permit number on the check. Send the annual fee payment to: Fran McPherson Annual Administering and Compliance Fee Coordinator 1617 Mail Service Center. Raleigh, NC 27699-1617 If you have .evidence that this fee has already been paid, please contact Mrs. McPherson at 919/807-6321. Sincerely, Bob Guerra Western NPDES Program Q E v. E V E cc: Fran McPherson DWQ/swP Central. Files MAR 1 8 2009 evr' e � gron" alr(7_�'f- �e / Roger Edwards Permit file WATER QUALITY SECTION ASHEVILLE REGIONAL OFFICE 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Location: 512 N. Salisbury St. Raleigh, North Carolina 27604 T�TOne�t, 1 Phone: 919-807-6300 \ FAX: 919-807-6495 \ Customer Service: 1-877-623-6748 1v of LllCarohna Internet: www.ncwaterquality.org ��itlirR'!!1� An Equal Opportunity ; Affirmative Action Employer Invoice Type ,. ` - feriodYeariPerio.d Be in Period End Billin Month; --Due Date ` ` Invoice#` :' Amount ,Paid ��Balance .':Status- Permit Annual Fee 2008 105101f2008 04f30f2009 May 07118l2008 2003PR005632 .�@60 OD l $O.Op I $860.00 (Overdue Permit Annual Fee 2007 U5i0112UU7 04/30l2U08 May 07f19I2007 12007PP.005742 �Z1fi,09J �0.00 IsJ-5.,nn 110verdue Permit Annual Fee 2006 105fOlf2006 043012007 May 0711512006 12006PR005844 $715.00 1 $0.00 I Paid Permit Annual Fee ZODS 05101f2005 04I30I2006 May 07I1612005 2005PR005529 $_715_QA 1.15 UU 1$�DIJ� Paid Permit Annual Fee 2004 U51D1/2UU4 U4130l2UU5 May 07I1412004 20O4PP.0032U0 �715.00 (�715.00 ! $LUp�Paid Permit Annual Fee 2003 j0510112003 043012004 May 07/12/2003 2003PRO02858 �715 00 �715.00 160.OD� Paid Permit Annual Fee 12002 10510112002 /4/3012003 May 0711812002 !2002PROO2502 �715.OQJ �715 DO �O.OD I Paid Permit Annual Fee 20D1 05f01f2O01 0413012UO2 May 0712212001 2001 PR002373 $715 00 I �715 QUA $.Q O_Q� Paid A. Dale Owen Morgan Mill Resorts, Inc. 15 Morgan Mill Road Brevard, North Carolina 28712 Dear Mr. Owen: 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 July 20, 2005 Q J U L 2 1 2005 WATER QUALITY SECTION ASHEVILLE REGIONAL OFFICE Subject: DRAFT NPDES PERMIT Permit Number NCO081001 Morgan Mill Resorts, Inc. Transylvania County Enclosed with this letter is a copy of the draft permit for your facility. Please review the draft very carefully to ensure thorough understanding of the conditions and requirements it contains. Your permit is among several in the French Broad River Basin that the Division has targeted for expedited renewal. Please note that a da>lyinax>n ammonahmi has been added to the above -referenced permit. Please submit any comments to me no later than thirty (30) days following your receipt of the draft. Comments should be sent to the address listed at the bottom of this page. If no adverse comments are received from the public or from you, this permit will likely be issued in early September, with an effective date of October 1, 2005. If you have any questions or comments concerning this draft permit, call me at (919) 733- 5083, extension 538. Sincerely, AQ Cvua Maureen Crawford NPDES Unit cc: Central Files NPDES Unit Asheville:Regional=Office NorthCarolina )Vaturallrff North Carolina Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Phone (919) 733-5083 Customer Service Internet: h2o.enr.state.nc.us 512 N. Salisbury St Raleigh, NC 27604 FAX (919) 733-0719 1-877-623-6748 . An Equal Opportunity/Affirmative Action Employer-50% Recycled/10% Post Consumer Paper Permit IS 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, A. Dale Owen is hereby authorized to discharge wastewater from a facility located at the Morgan Mill Resorts WWTP U.S. Highway 64 West northeast of Rosman Transylvania County to receiving waters designated as Morgan Mill 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 , 2005. This permit and authorization to discharge shall expire at midnight on September 30, 2010. Signed this day , 2005. DRAFT Alan W. Klimek, P.E., Director Division of Water Quality By Authority of the Environmental Management Commission Permit NC0081001 SUPPLEMENT TO PERMIT COVER SHEET All previous NPDES Permits issued to this facility, whether for operation or discharge are hereby revoked, and as of this issuance, any previously issued permit bearing this number is no longer effective. Therefore, the exclusive authority to operate and discharge from this facility arises under the permit conditions, requirements, terms, and provisions included herein. A. Dale Owen is hereby authorized to: 1. After receiving an Authorization to Construct from the Division, construct and operate an 0.01 MGD wastewater treatment facility. This facility will be located northeast of Rosman on U.S. Highway 64 West at the Morgan Mill Resorts WWTP in Transylvania County. 2. Discharge from said treatment works at the location specified on the attached map into Morgan Mill Creek, classified B-Trout waters in the French Broad River Basin. Permit N A. (L) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS - DRAFT 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 LIMITS MONITORING REQUIREMENTS Monthly Average Daily Maximum Measurement Frequency Sample Type Sample Location Flow 0.01 MGD Weekly Instantaneous Influent or Effluent BOD, 5-day (20°C) 30.0 mg/L 45.0 mg/L Weekly Grab Effluent Total Suspended Residue 30.0 mg/L 45.0 mg/L Weekly Grab Effluent NH3 as N 24.0 mg/L 35 mg/L' Weekly Grab Effluent Fecal Coliform (geometric mean) 200 / 100 ml 400 / 100 ml Weekly Grab Effluent Total Residual Chlorine 28 µg/L 2/Week Grab Effluent Temperature (°C) Weekly Grab Effluent Oil and Grease 30.0 mg/L 60.0 mg/L Weekly Grab Effluent MBAS Weekly Grab Effluent pgi Weekly Grab Effluent Footnotes: 1. 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. State of North Carolina FV • Department of Environment and Natural Resources Div' ion of Water Quality James B. Hunt, Jr., Governor Bill Holmann, Secretary Kerr T. Stevens, Director Mr. Dale Owen Transylvania Evergreen Corp. Route 2, Box 397 Brevard, North Carolina 28712 Dear Mr. Owen: i ,�r NCDE_NR.---1, 3 (� April 18, 2000 ' S P & APR 2 d 20M �i' U 52 Subject: ATC Request Acknowledgment NPDES Permit NCO081001 ATC Number 081001ACA Transylvania Evergreen Corp. Transylvania County The -Division of Water Quality's NPDES Unit hereby acknowledges receipt of your request for Authorization to Construct (ATC) in accordance with NPDES Permit Number NCO081001 on March 13, 2000. This application has been assigned the number highlighted above. Please be aware that the Division's re oval office, copied below, must provide recommendations from the Regional Supervisor prior to final action by the Division. The ATC review process generally takes 90 days from the date your complete submittal is received, however, due to current staff shortages that review period may take longer. Should any additional information be required, the review engineer will contact you. If you have any questions, please contact Ms. Christie Jackson (919) 733-5083, extension 538. PLEASE REFER TO THE ABOVE APPLICATION NUMBER WHEN MAKING ANY INQUIRIES ABOUT THIS APPLICATION. Sincerely, David A. Goodrich Supervisor, NPDES Unit cc: Asheville Regional Office NPDES Unit Permit File Mr. Robert G. Burgin, Jr., P.E. Robert G. Burgin, Jr., Inc. P.O. Box 1804 Irmo, SC 29063 P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-5083 FAX 919-733-0719 An Equal Opportunity Affirmative Action Employer . 50% recycled/ 10% post -consumer paper Michael F. Easley �O .N AT F9Q ®�A Governor AV*A �v NC ENR William G. Ross, Jr., Secretary r North Carolina Department of Environment and Natural Resources O Kerr T. Stevens Director Division of Water Quality CS �, March 27, 2001 1 CERTIFIED MAIL RETURN RECEIPT REQUESTED A. DALE OWEN TRANSYLVANIA EVERGREEN CORPORATION 15 MORGAN MILL ROAD BREVARD, NC 28712 Subject: Notice of Violation Failure to Submit Permit Renewal Application NPDES Permit NCO081001 TRANSYLVANIA EVERGREEN CORPORATION Transylvania County Dear Permittee: The subject permit expired,on August 31, 2000. North Carolina Administrative Code (15A NCAC 2H.0105(e)) requires that an application for permit renewal -be filed at least 180 days prior to expiration of the current permit. To satisfy this requirement, your renewal package should have been sent to the Division postmarked no later than March 4, 2000. - As of, this date;ahe Division has.not received.a. rene.wal.reyiest for the:su4 5ct.permit. This is.,a violation of Part:II,'; ,. Section B..10. of your permit; which, states "Any, permittee that has not requested renewal at least.180 days prior to expiration... willsubject the permittee,to.enforcement procedures.as provided in NCGS 143-215.6.and 33 USC 12511et. seq. In order to prevent an assessment of civil penalties you must submit a completed permit application (see enclosed forms) within 10 days of your receipt of this letter. Submit the completed application package to the address listed at the bottom of this page. If all wastewater discharge from your facility has ceased and you wish to rescind this permit, contact Rob Lang of the Division's Compliance Enforcement Unit at (919) 733-5083, extension 361. You may also contact the Asheville Regional Office at (828) 251-6208 to begin the rescission process. Use the enclosed checklist to complete your renewal package. The checklist identifies the items you must submit with the permit renewal application. If you have any questions, please contact Charles H. Weaver, Jr. of my staff. lvlr. Weaver's telephone number, fax number and e-mail address are listed at the bottom of this page. /Sincerely, V Kerr T. Stevens. cc: Central Files t�heville Regional-O"ffice, W_ate'_r_,Qu_ali_ty Section= NPDES File 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 919 733-5083, extension 511 (fax) 919 733-0719 VisirusONTHEINTERNET@http://h2o.enr.state.nc.us/NPDES e-mail: charles.weaver@ncmail.net r NPDES Permit NCO081001 I TRANSYLVANIA EVERGREEN CORPORATION Transylvania County ,/ The following items are REQUIRED for all renewal packages: ❑ A cover letter requesting renewal of the permit and documenting any changes at the facility since issuance of the last permit. Submit one signed original and two copies. ❑ The completed application form (copy attached), signed by the permittee or an Authorized Representative. Submit one signed original and two copies. ❑ If an Authorized Representative (such as a consulting engineer or environmental consultant) prepares the renewal package, written documentation must be provided showing the authority delegated to any such Authorized Representative (see Part II.B.1 Lb of the existing NPDES permit). ❑ A narrative description of the sludge management plan for the facility. Describe how sludge (or other solids) generated during wastewater treatment are handled and disposed. If your facility has no such plan (or the permitted facility does not generate any solids), explain this in writing. Submit one signed original and two copies. The following items must be submitted". ONLY by Industrial facilities discharging t)rocess wastewater: ❑ : Industrial facilities classified as Primary Industries. (see Appendices A=D. to .Title 40 of the Code of Federal Regulations; Parf" 122)` must submit a Priority Pollutant Analysis'-(PPA) in accordance with 40 " CFR Part 122.21' If the PPA' is not- completed ' within . one 'week of March 4; -2000, submit" :the application package without the PPA. Submit the PPA'"as soon as possible after March 4, 2000. The above requirement does NOT apply to municipal ornon Industrial facilities. PLEASE NOTE: Due to a change in fees effective January 1, 1999, there is no renewal fee required with your application package. Send the completed renewal package to: Mr. Charles H. Weaver, Jr. NC DENR / Water Quality / NPDES Unit 1617 Mail Service Center Raleigh, NC 27699-1617 State of North Carolina Department of Environment and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Bill Holman, Secretary Kerr T. Stevens, Director January 7, 2000 A. DALE OWEN Transylvania Evergreen Corporation ROUTE 2, BOX 397 BREVARD,NC 28712 WA NCDENFZ NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES GVATEi1mQUALITY Ki lOill Subject: Renewal of NPDES-Permit-VG0..D,'8 D Transylvania Evergreen Corporation TRANSYLVANIA County Dear Permittee: The subject permit expires on August 31, 2000. North Carolina Administrative Code (15A NCAC 2H.0105(e)) requires that an application for permit renewal be filed at least 180 days prior to expiration of the current permit. To satisfy this requirement, your renewal package must be sent to the Division postmarked no later than March 4, 2000. Failure to request renewal of the permit by this date will result in a civil assessment of at least $250.00. Larger penalties may be assessed depending upon the delinquency of the request. If any wastewater discharge will occur after August 31, 2000 (or if continuation of the permit is desired), the current permit must be renewed. Operation of wastewater treatment works or continuation of discharge after August 31, 2000 would violate North Carolina General Statute 143-215.1 and could result in assessment of civil penalties of up to $25,000 per day. If all wastewater discharge has ceased at your facility and you wish to rescind this permit, contact Robert Farmer of the Division's Compliance Enforcement Unit at (919) 733-5083, extension 531. You may also contact the Asheville Regional Office at (828) 251-6208 to begin the rescission process. Use the enclosed checklist to complete your renewal package. The checklist identifies the items you must submit with the permit renewal application. If you have any questions, please contact me. My telephone number, fax number and e-mail address are listed at the bottom of this page. Sincerely, l Charles H. Weaver, Jr. NPDES Unit cc: Central Files A�sYrilleVe �io" n 1[©tficeWlatet�(`d�uaUitiy�S.bio��. NPDES File 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 919 733-5083, extension 511 (fax) 919 733-0719 VISIT Us ON THE INTERNET @ http://h2o.enr.state.nc.us/NPDES Chades.Weaver@ncmail.net NPDES Permit NCO081001 Transylvania Evergreen Corporation TRANSYLVANIA County The following items are RE` UIRED for all renewal packages: ❑ A cover letter requesting renewal of the permit and documenting any changes at the facility since issuance of the last permit. Submit one signed original and two copies. ❑ The completed application form (copy attached), signed by the permittee or an Authorized Representative. Submit one signed original and two copies. ❑ If an Authorized Representative (see Part II.B.1 Lb of the existing NPDES permit) prepares the renewal package, written documentation must be provided showing the authority delegated to the Authorized Representative. ❑ A narrative description of the sludge management plan for the facility. Describe how sludge (or other solids) generated during wastewater treatment are handled and disposed. If your facility has no such plan (or the permitted facility does not generate any solids), explain this in writing. Submit one signed original and two copies. The following items must be submitted ONLY by Industrial facilities discharging process wastewater: ❑ Industrial facilities classified as Primary Industries (see Appendix A to Title 40 of the Code of Federal. Regulations, Part 122) must submit a Priority Pollutant Analysis (PPA) in accordance with 40 CFR Part 122.21. If the PPA is not completed within one week of March 4, 2000, submit the application package without the PPA. Submit the PPA as soon as possible after March 4, 2000. The above requirement does NOT apply to municipal or non -industrial facilities. PLEASE NOTE: Due to a change in fees effective January 1, 1999, there is no renewal fee required with your application package. Send the completed renewal package to: Mr. Charles H. Weaver, Jr. NC DENR / Water Quality / NPDES Unit 1617 Mail Service Center Raleigh, NC 27699-1617 FACILITY IR"51/(U"I7d s - - COUNTY N I elf CLASS -41- MAILING ADDRESS TELEPHONE NO. WHERE LOCATED RESPONSIBLE OFFICIAL 7a-YY1/-3463 �f' .w m, v FACILITY OPERATOR REPRESENTATIVE CERT. NUMBER CLASS NPDES PERMIT NUMBER NC-0-0-3 ! 673) OTHER _HERMIT NO. STATE FEDERAL DATE ISSUED DATE ISSUED J - L 2 - EXP I RATION DATE 1-31- 9 r STREAM: NAME o2 CLASS 7 Q 10- - - -- --- - SUB -BASIN oq- o 3 `c)I State k�`rth Carolina Department of Environment, Health and Natural Resources Division of Environmental Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary A. Preston Howard, Jr., P.E., Director Certified Mail Return Receipt Requested A. Dale Owen Transylvania Evergreen Corp. Route 2, Box 397 Brevard, NC 28712 Dear Mr. Owen: Nx.;VA IT 0 0 A&4 I DEHNF� December 20, DEC 28 1995 Subject: Request for Remission of Civil Penalty Pursuant to N.C.G.S. 143-215.6A(f) Transylvania Evergreen Corp. NPDES No.: NCO081001 *ransylawiia ftunty , RV 95-12 I considered the information submitted in support of your request for remission in accordance with G.S. 143-215.6A(f) and my delegation under G.S. 143-215.6A(h) and have decided to remit the entire civil penalty in the amount of $250.00 and hereby close File No. RV 95-12. 1 Please be advised that a full reduction of the civil penalty assessment in no way precludes the Division from taking future enforcement actions against Transylvania Evergreen Corp. should violations occur. Thank you for your cooperation in this matter. Should you have any questions, please feel free to contact Bob Sledge at (919) 733-5083, extension 233. Sincerely, I' � � 4 A. Preston Howes T�-+F. cc: ► '' 'egionaLO:ffice�` Enforcement File Central Files P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-5083 FAX 919-733-9919 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper • 40 Ktate of North Carolina Department of Environment, Health and Natural Resources Division of Environmental Management James B. Hunt, Jr., Governor Jonathan B. Howes. Secretary A. Preston How. -- 1 IP � � t 16, W + A DALE OWET TRANSYLVAN ROUTE 2 . B O)' ° BREVARD NC -- Dear Mr. Owen: ` sue Subject: 2nd R Trans) NPDI I Trans} File N i The Division of Environmental Management is in receipt of your fax and the Director will reconsider your request for remission of the civil penalty assessed against you. Your request will be placed on the agenda of the next scheduled Director's Enforcement Conference. You will be notified by Certified Mail once a decision is made regarding this request. If there is a need for any additional information or clarification, please do not hesitate to contact Robert Farmer at (919) 733-5083, ext. 531. Sincerely, r I /i' ;] L,L `L L .L�t1= � v i,C"� 0.J LG.2.•v✓ Robert L. Sledge, Supervisor U'tompliance/ Enforcement Group cc: hev�lie�Regi�na opera soi w h-T&n7ts Enforcement File w/ Attachments Robert L. Sledge w/ 3 Attachments P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-5083 FAX 919-733-9919 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper M kTE OF NORTH CAROLINA COUNTY OF IN THE MATTER OF ASSESSMENT) OF CIVIL PENALTIES AGAINST ) [name, of permittee] ) ENVIRONMENTAL MANAGEI1ENT COMNIISSION WAIVER OF RIGHT TO AN ADMINISTRATIVE HEARING AND STIPULATION OF FACTS File No. Having been assessed civil penalties totaling 5C✓ . " for failure to timely apply for renewal of NPDES Permit No., NC' OUP? 1 C,b 1 as set forth in the assessment letter of the Director of the Division of Environmental Management dated N n i � ZL��`�7 the undersigned, desiring to seer remission of the civil penaltids, 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 letter. This the - day of J L \C'_ 19 3 BY Address Telephone . 7L4 SZ-17-LE 1� AECEIVED JUN 7 199s VAUIEs &SLSW&YT UM r May 30, 1995 Dear Mr. Farmer, After speaking with you on the phone today, I now understand why there has been so much confusion. We had understood that our permit was good for 5 years. A change was made to have all of your permits renewable at the same time. So, this changed our permit to a 3 year renewal date, and we were not made aware of this. Also, -we did not receive any notices for renewal or the amount of the renewal because you had our address and phone number incorrect on your forms. It was just courtesy of our mail system to see that I received `� 1 the certified letter or I wouldn't have even received that. I do under, stand that you received your information incorrect from your regional V'�•N' office, and that it has now been corrected. This is a future project of ours and it has not been constructed at this time. We do wish to renew the permit and construct it at a future date. • I choose #4 and ask you to waive the penalty based on the address information being incorrect �'Our permit payments have been paid in a timely order in years past, and this being our first time for a renewal and the renewal being changed. At this time -I do not know the amount for the renewal. As soon as you send the information to my address I will handle it immediately. :7 Respectfully submitted; Aubrey D. Owen- President Transylvania Evergreen Corp. 0 s, Nflf'_-_ _ C? 4--0:) ►,dd 7�WU agswq� . Sze joat,ua GS �' '-d Jr-n "Q -D � ;O(f0 4-)7 o uo o M CAROLINA DEPARTMENT OF ENVIRONMEW, HEALTH, AND NATURAL RESOURCES, DIVISION OF MgVIRONMEN'TAL MANAGEMENT/ WATER QUALITY SECTION I t� NAMONAL FOLLUtAN T DISC -LARGE LIX&tiA'TION SYSTEM A"UCA ION r'OR PERMrr TO I)MCHAXCTE -SHORT FORM D TO BE FILED ONLY BY DISCfMRGES OF 100% DOMESTTC WASTE (< 1 MGD FLOM.4 r f Cwtent North Carolina WDES No. CN C 0 0 (if known) Please print or type I Mailing address of applicant: Facility Name Owner Name Street Address City State 21P Code Telephone No. 3.- Location Of facility prod&vwg discharge: Name (If different from above) Facility Contact Person • Street Address or State Road city County Telephone No. _ --64 7 3. ?his NPDES Permit Application applies to which of the following (please indicate flow); Expansion/Modification " Existing Unpermitted Discharge Renewal New Facility Pie -Age provide a description of the expanapon/modification: RMETFED 4. Please provide a descriptiox of the existing treatment facilities► if applicable- AUG 15 1995 �f FACILITIES ASSESSMENT UNIT r Tveyl a4o f CAO Please indicate the suurcc of wastewater from the description of facilities listed (check where plicable). lirQe of watgwat+er " aa"DI, al Commercial Residential School Other Please describe source of wastewater; Number of Employees Number of Employees Number of Homes Number of Students/Staff 6. Niat ew of vvparat:-:1s!..vater W*r2im7e, vlpesh-, a bstewater ourfalls (if appiicabfe): 7. Name of receiving water or watm: (Please provide a map showing the exact location of discharge) 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. !;Eec Y ,J�Azc-- hinted name of Person Signing 'Title Uate Application Signed Signature of Appticant z North Carolina General Statute 143-215.6(b)(2) provides that: Any person who knowingly makes any false statement representation, or certification in any application, record, report, plan, or other document files or required to be maintained under Article 21' or regulations of the Environmental Managanent 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 rnisdeme' anor punishable by a fine not to exceed $10,000, or by imprisonment not to exceed six months, or by both. (18 U.S.C- Section 1001 provides a punishment by a fine of not more than $10,000 or imprisonment not more than 3 years, or both for a similar offense.) 0 • of North Carolina ; artment of Environment, ealth and Natural Resources vision of Environmental Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary A. Preston Howard, Jr., P.E., Director August 11, 1995 Certified Mail Return Receipt Requested A. Dale Owen Translyvania Evergreen Corp. Route 2, Box 397 Brevard, NC 29712 A 4 �EHNF=I SUBJECT: Request for Remission of Civil Penalty Pursuant to N.C.G.S. 143-215.6A(f) Translyvania Evergreen Corp. County: Transylvania File No: RV 95-12 NCO081001 Dear Mr. Owen: I considered the information submitted in support of your request for remission in accordance with G.S. 143-215.6A(f) and my delegation under G.S. 143-215.6A(h) and have not found grounds to modify the assessment of $250.00. Should you choose to pay the full penalties, you may tender payment to me at the letterhead address below on or before August 31, 1995. Please make checks payable to the Department of Environment, Health, and Natural Resources. You also have the option of presenting your request to the Committee on Civil Penalty Remissions which is comprised of members of the Environmental Management Commission. The. committee may consider such requests and render final and binding decisions in these matters. You may argue your request before the committee and Division Staff will argue against any reduction of the assessment. P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-5083 FAX 919-733-9919 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper Should you choose to present your request to the committee please notify me at the letterhead address on or before August 31, 1995. Your request will be scheduled to be heard on the agenda of the next scheduled committee meeting and you will be notified of the date and time. If a response is not received by the Division regarding this notice then your request will be scheduled on the agenda for an upcoming committee meeting. If you have any questions, please contact Linda Forehand at (919)733-5083, ext. 526. Thank you for your cooperation in this matter. cc: Asheville Regonal_O_ ffice __ Enforcement File 0 Since ely, A. Preston Howard, Jr., P.E. • is ate of North Carolina artment of Environment, Health and Natural Resources Division of Environmental Management James B. Hunt, Jr., Governor Jonathan B. Howes; Secretary A. Preston Howard, Jr., P.E., Director June 21, 1995 A DALE OWEN TRANSYLVANIA EVERGREEN CORP ROUTE 2 BOX 397 BREVARD NC 28712 Subject: Request for Remission of Civil Penalty Transylvania Evergreen Corp. NPDES PERMIT NO. NCO081001 Transylvania County File No. RV 95-12 Dear Mr. Owen: The Division of Environmental Management is in receipt of your request for remission of the civil penalty assessed against you. Your request will be placed on the agenda of the next scheduled Director's Enforcement Conference. You will be notified by Certified Mail once a decision is made regarding the request. If there is a need for any additional information or clarification, please do not hesitate to contact Robert Farmer at (919) 733-5083, ext. 531. Sincerely, " fW, z a , 0/"" — Robert L. Sledge, Supervisor Compliance/ Enforcement Group \K1 cc:1 shnl7H- chffents2a�r1- Eforcement fil S"ttacments Robert L. Sledge w/ 3 Attachments P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-5083 FAX 919-733-9919 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper Fe I'E OF NORTH CAROLINA COUNTY OF 1 rn_r !�� n c-L IN THE MATTER OF ASSESSMENT) OF CIVIL PENALTIES AGAINST ) [name of permittee] ) ENVIRONMENTAL MANAGE14ENT COMMISSION WAIVER OF RIGHT TO AN ADMINISTRATIVE HEARING AND STIPULATION OF FACTS File No. �� QL5 - lam. Having been assessed civil penalties totalinSL . °" -for failure to timely apply for renewal of NPDES Permit No., N 'L OUP 1(-,n i as set forth in the assessment letter of the Director of the Division of Environmental Management dated the undersigned, desiring to seek remission of the civil penalti s, 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 letter. This the 71_�l day of BY Address i� 1 .:� TIN_ 1 -a(C�.(1� c3s-1 l a Telephone -1 CA4 4_ LY> 9:72) RECEIVED JUN a 199.E Klli' FS &ZWENr UNIT May 30, 1995 Dear Mr. Farmer, After speaking with you on the phone today, I now understand why there has been so much confusion. We had understood that our permit was good for 5 years. A change was made to have all of your permits renewable at the same time. So, this changed our. permit to a 3 year renewal date, and we were not made aware of this. Also, we did not receive any notices for renewal or the amount of the renewal because you had our address and phone number incorrect on your forms. It was just courtesy of our mail system to see that I received the certified letter or I wouldn't have even received that. I do under- stand that you received your information incorrect from your regional '7 off and that it has now been corrected. �J This is a future project of ours and it has not been constructed at this time. We do wish to renew the permit and construct it at a future date. I choose #4 and ask you to waive the penalty based on the address information being incorrect, Our permit payments have been paid in a timely order in years past, and this being our first time for.a renewal and the renewal being changed. At this time I do not know the amount for the renewal. As soon as you send the information to my address I will handle it immediately. Respectfully submitted; s�ubbmitttted; Aubrey D. Owen President Transylvania Evergreen Corp. 0 is an af)qmyo,-/,1YL)07'_- 6LQ_ e-) V) fret'" en ale- ved SSA \a L/ u-r Ll �ctrru _1J. a ,P-s 6 411�j e �Ufro 0� ',In c --f-'rry oa, Iless . re� uu sf --kr /r,5ne_t/_ Epp 1-co JUN-1- 2 Iq , ---q-hc- Correct 7(0- Mm erf North Carolina a rtment of Environment, aalth and Natural Resources Division of Environmental Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary A. Preston Howard, Jr., P.E., Director May 24, 1995 CERTIFIED MAIL RETURN RECEIPT REQUESTED A DALE OWEN TRANSYLVANIA EVERGREEN CORP ROUTE 2 BOX 3847 BREVARD NC 28712 Subject: ASSESSMENT OF CIVIL PENALTY FOR VIOLATION OF THE RENEWAL REQUIREMENTS Transylvania Evergreen Corp. NPDES Permit No. NCO081001 grans, rlyana4 county _.:. RV 95-12 Dear Mr. Owen: This letter transmits notice of a civil penalty assessed against the subject facility in the amount of $250.00. This assessment is based upon the fact that a request for renewal of the subject permit was not received by the Division of Environmental Management at least 180 days prior to the expiration date contained in the permit. The renewal request requirement is contained in your permit and/or North Carolina General Statute (N.C.G.S.) 143-215.1(c). Based upon the above fact, I conclude as a matter of law that the subject facility violated or failed to act in accordance with the requirements of N.C.G.S. 143-215.1. A civil penalty of not more than $10,000.00 per day, in accordance with N.C.G.S. 143-215.6A(a), may be assessed against a person who fails to comply with the terms, conditions, or requirements of a permit required by N.C.G.S. 143- 215.1. Based upon the above facts and conclusions of law, I hereby assess the subject facility a civil penalty in the amount of $250.00 for violation of N.C.G.S. 143-215.1(c), pursuant to delegation provided for by N.C.G.S. 143-215.6A(h). Any continuing violation(s) may be the subject of a new enforcement action, including an additional penalty. P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-5083 FAX 919-733-9919 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper -ty (30) days of receipt of this notice, you may: �ubmit verification that the permit is no longer needed: f the permit is no longer needed and no wastewater will be -eated by the permitted facility, please complete the ttached request for permit rescission. Upon verification %J this fact by our regional staff, the permit and the civil penalty assessment_ will be rescinded; OR 2. Submit verification that the wastewater treatment system was transferred to another responsible party prior to expiration of the permit: If the wastewater treatment system was sold or otherwise transferred to another responsible party prior to the expiration date of the permit, please complete the attached certification. Upon verification of this fact by our regional staff, the civil penalty assessment will be rescinded; OR 3. Submit payment of the penalty: Payment should be made to the order of the Department of Environment, Health,and Natural Resources (do not enclose waiver form). Payment of the penalty will not foreclose further enforcement action for any continuing or new violation(s); OR 4. Submit a written request for remission or mitigation including a detailed justification for such request: A request for remission or mitigation is limited to • consideration of the reasonableness of the amount of the penalty and is not the proper procedure for contesting the accuracy of any of the statements contained in this assessment letter. Because a remission request foreclosures the option of an administrative hearing, such 'a request must be accompanied by a waiver of your right to an administrative hearing and a stipulation that there are no factual issues in dispute. You must execute and return the attached waiver and stipulation form to this office with a detailed statement which you believe establishes that: (a) one or more of the civil penalty assessment factors in G.S. 143B-282.1(b) were wrongfully applied to the detriment of the petitioner; (b) the violator promptly abated continuing environmental damage resulting from the violation; (c) the violation was inadvertent or a result of an accident;' (d) the violator had not been assessed civil penalties for any previous violations; and/or (e) payment of the civil penalty will prevent payment for • the remaining necessary remedial actions. Submit a written request for an administrative hearing: If you wish to contest this civil penalty assessment letter, you must request an administrative hearing. This request must be in the form of a written petition, conforming to Chapter 150B of the North Carolina General Statutes, and filed with the Office of Administrative Hearings, Post Office Drawer 27447, Raleigh, North Carolina 27611-7447. A copy of the petition must be served on: General Counsel Department of Environment, Health and Natural Resources P.O. Box 27687 Raleigh, North Carolina 27611-7687 If options 1, 2, 3, or 4 are chosen, please send your payment or response to the following address: Mr. Robert Farmer Department of Environment, Health and Natural Resources Division of Environmental Management Water Quality Section Post Office Box 29535 Raleigh, North Carolina 27626-0535 Failure to exercise one of the options above within thirty days, as evidenced by a date stamp (not a postmark) indicating when we received your response, will result in this matter being referred to the Attorney General's Office with a request to initiate a civil action to collect the penalty. If it is not demonstrated to us that your conduct of the permitted activity has ceased or will cease by the permit expiration date, failure to apply for a permit extension within 30 days of receipt of this letter will result in the assessment of additional penalties. If the permit expired or expires prior to the permit reissuance, the permittee will be subject to additional penalties for the operation of a wastewater treatment facility without a permit. If you have any questions, please do not hesitate to contact Mr. Robert Farmer at 91gn33-5083, ext. 531. Sincerely, A. Preston Howard, Jr.:,P.E. -Zj 2 r �� Date Attachments cc: WEN � u ty Regional-,Sauger--vis�ori Compliance/Enforcement File Central Files re of North Carolina epartment of Environment, Health and Natural Resources Division of Environmental Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary A. Preston Howard, Jr., P.E., Director August 22, 1994 CERTIFIED MAIL RETURN RECEIPT REQUESTED A. DALE OWEN TRANSYLVANIA EVERGREEN CORP. ROUTE 2, BOX 397 BREVARD, NC 28712 SUBJECT: NOTICE OF VIOLATION AND REVOCATION FOR NON-PAYMENT NPDES PERMIT NO. NC0081001 TRANSYLVANIA EVERGREEN CORP. TRANSYLVANIA COUNTY Dear Permittee: • Payment of the required annual administering and compliance monitoring fee of $300.00 for this year has not been received for the subject permit. This fee is required by Title 15 North Carolina Administrative Code 2H .0105, under the authority of North Carolina General Statutes 143-215.3(a)(1), (la) and (lb). Because this fee was not fully paid within 30 days after being billed, this letter initiates action to revoke the subject permit, pursuant to 15 NCAC 2H .0105 (b)(2)(k)(4), and G.S. 143-215.1(b)(3). is Effective 60 days from receipt of this notice, subject permit is hereby revoked unless the required Annual Administering and Compliance Monitoring Fee is received within that time. Your payment should be sent to: N.C. Department of Environment, Health, and Natural Resources Division of.Environmental Management Budget Office P.O. Box 29535 Raleigh, NC 27626-0535 P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-7015 FAX 919-733-2496 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper Discharges without a permit are subject to the enforcement ithority of the Division of Environmental Management. If you are dissatisfied with this decision, you have the right to request an administrative hearing within thirty (30).days following receipt of this Notice, identifying the specific issues to be contended. This request must be in the form of a written petition conforming to Chapter 150B of'the North Carolina General Statutes, and filed with the Office of Administrative Hearings, Post Office Drawer 27447, Raleigh, North Carolina, 27611-7447. Unless such request for hearing is made or_payment is received, revocation shall be final and binding. If you have any questions, please contact: Mr. Roy Davis, Asheville Regional Supervisor, (704)251-6208. Sine ly, A. Preston Howard, Jr. • cc: Supervisor, Water Quality Permits and Engineering Unit Asheville Regional Office County Health Department 0 SOC PRIORITY PROJECT: IF YES, SOC NUMBER PERMITS- AND ENGINEERING UNIT WATER QUALITY SECTION TENTION: Susan Robson DATE: July 13, 1995 NPDES STAFF REPORT. AND RECOMMENDATION COUNTY Transylvania PERMIT NUMBER NCO081001 Yes No XX PART I - GENERAL INFORMATION 1. Facility and Address: Transylvania Evergreen Corp. Mailing: Mr. A. Dale Owen Rte.2 box 397 Brevard, North Carolina 28712 • 2. Date of Investigation: Not constructed 3. Report Prepared By: Kerry S. Becker 4. Persons Contacted and Telephone Number: 704-884-6823 5. Directions to Site: Site is located on U.S. Hwy 64 approx. 2 miles north east of Rosman, NC 6. Discharge Point(s), List.for all discharge points: Latitude: 350 09' 55" Longitude: 820 48' 2511 Attach a USGS map extract and indicate treatment facility site and discharge point on map. U.S.G.S. Quad No. 185 NE U.S.G.S. Quad Name Rosman, NC 7. Site size and expansion area consistent with application? • _ Yes No If No, explain: 8. Topography (relationship to flood plain included): Flat Page 1 -1 9. Location of nearest dwelling: >100 ft. 10. Receiving stream or affected surface waters: Morg a. b. c. Classification: B Trout River Basin and Subbasin No.: 04-03-01 Describe receiving stream features and pertinent downstream uses: Aquatic and wildlife habitat and maintenance. PART II - DESCRIPTION OF DISCHARGE AND TREATMENT WORKS 1. a. Volume of wastewater to be permitted 0.01 MGD (Ultimate Design Capacity) b. What is the current permitted capacity of the Wastewater Treatment facility? 0.01 MGD C. Actual treatment capacity of the current facility (current design capacity Not constructed. d. Date(s) and construction activities allowed by previous Authorizations to Construct issued in.the previous two years: None within the past two years. • e. Please provide a description of existing or substantially constructed wastewater treatment facilities: f. Please provide a description of proposed wastewater treatment facilities: 0.01 MGD extended aeration package plant g. Possible toxic impacts to surface waters: 2. Residuals handling and utilization/disposal scheme: Sludge holding has not been specified in the application. a. if residuals are being land applied, please specify DEM Permit Number Residuals Contractor Telephone Number b. Residuals stabilization: PSRP PFRP OTHER l C. Landfill: d. Other disposal/utilization scheme (Specify): Page 2 • Treatment plant classification (attach completed rating sheet): Class II SIC Codes(s): 7011,5812 Wastewater Code(s): Primary 10,13 Secondary Main Treatment Unit Code: 060-7 (No plans have been submitted to accurately determine the correct code.) PART III - OTHER PERTINENT INFORMATION 1. Is this facility being constructed with Construction Grant Funds or are any public monies involved. (municipals only)? 2. Special monitoring or limitations (including toxicity) requests: None 3. Important SOC, JOC, or Compliance Schedule dates: (Please indicate) Date Submission of Plans and Specifications Begin Construction Complete Construction 4. Alternative Analysis Evaluation: Has the facility evaluated all of the non -discharge options available. Please provide regional perspective for each option evaluated. Spray Irrigation: Limited site size and inadequate buffer zones. Connection to Regional Sewer System: The Town of Rosman's wwtp is approx. 3 miles from this site. Subsurface: Limited site size and inadequate buffer zones. Other disposal options: 5. Other Special Items: • PART IV - EVALUATION AND RECOMIENDATIONS Organized swimming activities occur upstream of the props Asheville Regional Office recommends renewal of NPDES pe: Signatu of Report Preparer. Wate ;Aality Regional upervisor to Page 4 1 1 I t 1 1 i ark � � • •r veyard ; 123. �� t' �. Z ,ram 1 I/! - ,• Dr ve-in. -1h ter i n oN- -- a — . P M\ Qq Substation` —"\ D 11 ! `� 1•I M •111Wat�r r It j 1 V e 111 `\ 1 11 AGING • p ° \ l ��3TAT ON CD 001, e) Mile 215 1 o C2A �M 1 735 JS / I/ o Mile : 2186 / u 1 u •ESP% h � i '� 1 S `.' 1 � 11 �• • �• V � M1�ao � ♦a 3AP rIB5•SEI ♦♦' .' ni SE �36 ° a73a �37 -38 I 1:24000 1 MILE )o 4000 5000 6000 7000 FEET 1 KILOMETER ILL. M0. KENTUCKY VA. rval 40 feet MW1`E 1 Cfl M • INTERIOR Primary highv hard surface Secondary hig hard surface- r— . . . NPDES WASTE ]PAD ALLOCATION PERMIT NO.: NCO081001 PERMITTEE NAME: _Transylvania Evergreen Corporation FACILITY NAME: Proposed Restaurant & Motel Facility Status: _ Proposed Permit Status: New C._ Major Minor 'i • dater Qur�iity tit Pipe No.: 001 Design Capacity: .010 MGD JAN 1 5 Domestic (% of Flow): 100 % ip 3i eville Regional di Industrial (% of Flow): 0 % AsheviUe, North Caro Comments: RECEIVING STREAM: Morgan Mill Creek Class: B-Trout Sub -Basin: 04-03-01 Reference USGS Quad: G 7 NE (please attach) County: Transylvania Regional Office: + -e Previous Exp. Date: 00/00/00 Treatment Plant Class: Classification changes within three miles: Change to C-Tr at Peter Weaver Creek almost immediately, Remains C-Tr at French Broad approx one mile downstream Requested by: Charles M. Lowe Date: 9/10/91 Prepared by• Date: Reviewe Date: Modeler Date Rec. # q ci 3 3 Drainage Area (mil) 1, 0 Avg. Streamflow (cfs): 7Q10 (cfs) 0. 9I Winter 7Q10 (cfs) o. yS 30Q2 (cfs) /, o Toxicity Limits: IWC % Acutotl1hronic Instream Monitoring: Parameters ��►�-,u,�. Upstream Y Location AT-0 " Downstream Y L0cation^'5_6-' Effluent Characteristics Summer Winter BOD5 (mg/1) 3 a NH3-N (mg/1) Z� r,*r2 D.O. (mg/1) t�✓ TSS (mg/1) 3o F. Col. (/100 ml) Z11-0 pH (SU) G �, 01� t / go DAic�.•t�K 6d —.mow ef s v Comments: �% -u4..�Q zap \• ♦ • O Q . At I '' `• i j 1 , \\; 1, ,• O U� -.zr ,� /� - '. O ) 1`•q ,ate_ go .'���`� ` \� \ /w a e. ��. • d.'�p. � ,% s�.8.;; :,: �' a •� '� Mfie g400 .� .a •.� f .;':e a ♦ I 1 :q l ill I 123 J Mile. �4tJ6 '•q. �1 �.. '•,} STA E O U °C 0 --- \ f •____ •. M `Water �.. \ ` 1. I 214 f. - _ ... e� `\ ` ,-° � • .. 0� � til° fit- ` / �- AAG/A'^ i � i ♦ � I � a�ooJ / I 'Mlle` BMLR735 "=j Off• !� 21 ,RrC 2186` s49 0 Mil / t ��•: PROPOSED WWTP SITE TRANSYLVANIA EVERGREEN CORP. TRANSYLVANIA COUNTY, N.C. USGS ROSMAN QUAD. ItSaTM 1,,=2000' A)bk) 8/Do / ROGER M. LYDA, P.E. 115 KINGSGATE ROAD ASHEVILLE. NORTH CAROLINA 28805 (704) 298-2312 ENGINEERING PROPOSAL Proposed Restaurant & Future Motel TRANSYLVANIA EVERGREEN CORP. U.S.-64 at Morgan Mill Creek Transylvania County 1. Waste to be treated before discharge will be domestic wastewater, 4100o gallons per day, from the proposed 100-seat restaurant (40 GPD per seat), and 41800 gallons per day from the future motel and laundry (120 GPD per room) for a total of 9,800 gallons per day. 2. Waste treatment and disposal options that were considered include septic tank/nitrification field, extended aeration (package plant) with discharge to the nearby stream or land • application, grinder pumps and force main to the Town of Rosman WWTP, and septic tanks with effluent pumped to the Rosman WWTP. 3. The selected treatment and disposal option is a 10,000 GPD Extended Aeration Package Plant. Since the governing Board of the Town of Rosman has formally declined to accept the wastewater in the Town's plant, and the site is only 1.25 acres, with no additional land available nearby, the Package Plant with discharge to surface waters is,the reasonably cost effective option. 4. Location and Site maps are attached. 5. The determination of the financial qualifications of my clients is not within the realm of my Professional Engineering practice. Any information as to financial qualifications and his record on the environment must be furnished directly by him, the bank, the courts, or an investigative agency. 6. -Low flow fixtures, consistent with the needs of a commercial restaurant serving the public, will be used to reduce the flow to the plant. • Facility Name: NPDES No.: Type of Waste: Facility Status: Permit Status: Receiving Stream: Stream Classification: Subbasin: County: Regional Office: Requestor: Date of Request: Topo Quad: FACT SHEET FOR WASTELOAD ALLOCATION Request # Transylvania Evergreen Corporation NCO081001 Domestic -100% Muni Morgan Mill Creek B Trout 040301 6433 0 Transylvania Stream Characteristic: ARO USGS# Lowe Date: 9/11/91 Drainage Area (mi2): G7NE Summer 7010 (cfs)• Winter 7Q10 (cfs): AverAge Flow (cfs): 30Q2 (cfs): IWC (%): Wasteload Allocation Summary (approach taken, correspondence with region, EPA, etc.) Facility requesting NPDES permit for proposed discharge. Special Schedule Requirements and additional comments from Reviewers: RecommendedZA, Date: 11/26/91 Reviewed by Instream Assess ent; Regional i or: Permits & ngineerin 0 `d343950030 11/91 1.0 0.47 0.75 3.0 1.0 3.2 RETURN TO TECHNICAL SERVICES BY: DEC 31 01 • Water QuMity Sntioo W a i e r G:: S %iian JAN 1 5 ric"L DEC - i9�91 Asheville !regional Otfiw Ashev` Ii`e 4': ;; ;; : ^L Asheville, North Carolir, Ashedwe, Norti} CU o ia3 PA Wasteflow (MGD): BOD5 (mg/1): NH3N (mg/1): DO (mg/1): TSS (mg/1): Fecal Col. (/100 ml): pH (SU): Residual Chlorine (µg/1): Oil & Grease (mg/1): MbA6 (n^9 CONVENTIONAL PARAMETERS Monthly Average Summer Winter WQ or EL 0.010 30 WQ 24 WQ, AT nr 30 EL 200 WQ 6-9 WQ 2% WQ 30 (coo dal mac) wv( Iflv �1'M'pei(0.-ii,J4�.�C.� - Y1ti0UlA{z�✓ X Parameter(s) are water quality limited. For some parameters, the available load capacity of the immediate receiving water will be consumed. This may affect future water quality based effluent limitations for additional dischargers within this portion of the watershed •0 No parameters are water quality limited, but this discharge may affect future allocations. MISCELLANEOUS INFORMATION & SPECIAL CONDITIONS 0 Special Instructions or Conditions Wasteload sent to EPA? (Major) N (Y or N) (If yes, then attach schematic, toxics spreadsheet, copy of model, or, if not modeled, then old assumptions that were made, and description of how it fits into basinwide plan) Additional Information attached? (Y or N) If yes, explain with attachments. - ✓ �� ,�ev� slnu ll Iraq �e �v�,re�sPd bI WV-e Dinav� p. °� Glue -Ip .W CoGe e*ut6 '1 v�s�-�.o a►nc vh.owi.-4�� � v� . ewe ep/ o�-(v t� 40 State of North Carolina Department of Environment, Health and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary A. Preston Howard, Jr., P.E., Director Mr. Dale Owen Transylvania Evergreen Corporation Route 2, Box 397 Brevard, North Carolina 28712 Dear Mr. Owen: Q �J e [DEHNR March 21, 1997 D MAR 3 1 1997 Subject: NPDES Pernut Ap ca Transylvania Evergreen WWTP Return #853 Transylvania County The Division received your NPDES permit application on February 28, 1997. A preliminary review of the submitted application indicated that no engineering alternatives analysis was provided. Title 15A North Carolina Administrative Code 2H .0105 (c) (2) requires submittal of an Engineering Alternatives Analysis with all new applications for discharge. Also, a $400 application processing fee must be submitted with the application package. Therefore; the application is being returned to you. You may resubmit this application at your convenience with the required fee and alternatives analysis. As you are aware, it is the Division's mandate to permit the most environmentally sound wastewater treatment system of the reasonably cost effective alternatives. Subsurface or irrigated disposal systems are typically considered to be more environmentally sound alternatives than discharge options. In that light, the engineering alternatives analysis is meant to provide justification for a surface water discharge alternative through a comparison of that alternative with other non -discharge options. Enclosed is a copy of the Division's Guidance for the Evaluation of Wastewater Disposal Alternatives. In preparing the alternatives analysis, the engineer should identify all possible disposal alternatives. Once all alternatives have been identified, they should be evaulated from both a technical as well as economic standpoint. As part of the analysis of land -based disposal alternatives, a detailed soil scientist report should be provided. The soil scientist report should include at a minimum the following. Pieces of information: • a copy of field notes and boring log information • a soils site map overlain on a topographic map • description of soils characteristics to include texture, structure, soil wetness and mineralogy • characterization of the depth of soil to 48" or to a restrictive horizon • soil loading rate recommendations. The on -site soil survey should include enough soil borings to adequately characterize the site. Additionally, justification should be provided on the number and location of soil borings completed. P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-5083/FAX 919-733-0719 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper Generalized county soil survey maps are not adequate for the evaluation, but may be used as a reference tool to plan the field work required for the evaluation. The economic analysis should include a present value of costs determination for each identified alternative as outlined in the attached guidance document. All costs used for the present worth analyses should be referenced with cost sources included as attachments. If you have any questions regarding this matter, please contact Mark McIntire of my staff at (919) 733-5093, extension 553. rt �4 Sincerely, Preston Howard, Jr., P.E. cc: Asheville Regional Office / Water Quality Section' Central Files Mr. Robert G. Burgin, Jr., P.E. W Permit No. NCO081001 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT, HEALTH, AND NATURAL RESOURCES DIVISION OF ENVIRONMENTAL MANAGEMENT PERMIT TO DISCHARGE WASTEWATER UNDER THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM In compliance with the provision of North Carolina General Statute 143-215.1, other lawful standards and regulations promulgated and adopted by the North Carolina Environmental Management Commission, and the Federal Water Pollution Control Act, as amended, Transylvania Evergreen Corporation is hereby authorized to discharge wastewater from a facility located at on U.S. Highway 64 northeast of Rosman Transylvania County to receiving waters designated as Morgan Mill Creek in the French Broad River Basin in accordance with effluent limitations, monitoring requirements, and other conditions set forth in Parts I, II, and III hereof. This permit shall become effective This permit and authorization to discharge shall expire at midnight on August 31, 2000 Signed this day A. Preston Director Division of ental Management By Authority Environmental Management Commission Permit No. NC0081001 SUPPLEMENT TO PERMIT COVER SHEET Transylvania Evergreen Corporation is hereby authorized to: 1. Enter into a contract for construction of a wastewater treatment facility, and 2. Make an outlet into Morgan Mill Creek, and 3. After receiving an Authorization to Construct from the Division of Environmental Management, construct and operate a .010 MGD wastewater treatment facility located at on U.S. Highway 64, northeast of Rosman, Transylvania County (See Part III of this Permit), and 4. Discharge from said treatment works at the location specified on the attached map into Morgan Mill Creek which is classified class B-Trout waters in the French Broad River Basin. �(oil, • (, 1 jam `�� r �' ; ;y ' �-. r f�1 • . Y \ o ���� •, ,a`.. �/' Mlle ' 2 , ,o O Cll , `�. � �i• �\ ve Transylvania Ever Corp.0 ;,.; 1 yard Evergreen g P• NCO081001 �•�, 'p • 2 '" Discharge Point: e A ,0 N123 Latitude: 35009'55" / ;' i �960 Z Lon itude: 82048'2 " —� �\ Mile ff ^ �`o �,liy z •�� ^� !`�: S �E ! Mom• n C 1 140 o V I , I • O �•I '� � l Warr ��1 O M' / J) \�r •/ / r/df'LiI�'1�.1`rt,.�t'1u- . �'�/ I �".''►� • � N_1 �,f ' !li-i\� I!'J 'ri7,.� �: ?w�o4f�/( ���\�. �y� LOS w IGINS • YIO ATIbN t•' ��� � . I` .' � DU s .?� ,%� Mile '� \ ' q � i�, _ 'Mlle `` `, 1:`:)J BM LR 735 "• 21 I'"` Q �•. 1 C Mlle 2186!49 PROPOSED NWTP SITE TRANSYLVANIA EVERGREEN CORP. TRANSYLVANIA COUNTY, N.C. USGS ROSMAN QUAD. 185 NE 1"=2000' A. (). EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS FINAL Permit No. NCO081001 During the period beginning on the effective date of the permit and lasting until expiration, the Permittee is authorized to discharge from outfall(s) serial number 001. Such discharges shall be limited and monitored by the permittee as specified below: Effluent Characteristics Discharge Limitations Monitoring Measurement Reaulrements Sam Ike *Sample Monthly Avg, Weekly Avg, Daily Max Frequency Tvpe location Flow 0.010 K3D Weekly Instantaneous I or E BOD, 5 day, 200C 30.0 m g/ I 45.0 m g/ I Weekly Grab E Total Suspended Residue 30.0 m g / I 45.0 m g / I Weekly Grab E NH3 as N 24.0 mg/I Weekly Grab E Fecal Coliform (geometric mean) 200.0 /100 ml 400.0 /100 ml Weekly Grab E Total Residual Chlorine 28.0 µg/I 2/Week Grab E Temperature** Weekly Grab E, U, D Oil and Grease 30.0 mg/I 60.0 mg/I Weekly Grab E MBAS Weekly Grab E * Sample locations: E - Effluent, I - Influent, U - Upstream 50 feet from discharge, D - Downstream 50 feet from discharge. ** The temperature of the effluent shall be such as not to cause an increase in the temperature of the receiving stream of more than 0.5°C and in no case cause the ambient water temperature to exceed 20°C. The pH shall not be less than 6.0.standard units nor greater than 9.0 standard units and shall be monitored weekly at the effluent by grab sample. There shall be no discharge of floating solids or visible foam in other than trace amounts. Ph Carolina of Environment,. and Natural Resources of Environmental Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary A. Preston Howard, Jr., P.E., Director Mr. A. Dale Owen Transylvania Evergreen Corporation Route 2, Box 397 Brevard, N.C. 28712 Dear Mr. Owen : W4 IDEHNR SUN 1 6 .H:E ' � June 15, 1995 I WATER 0-04P�1° ! AS-IEV;.J. F f?Fr Subject: NPDES Permit RApplication NPDES Permit No.N00081001 Transylvania County This is to acknowledge receipt of the following documents on June 12, 1995: Application Form Engineering Proposal (for proposed control facilities), Request for,permit renewal, Application Processing Fee of $400.00, Engineering Economics Alternatives Analysis, • Local Government Signoff, Source Reduction and Recycling, Interbasin Transfer, Other , The items checked below are needed before review can begin: Application Form , . Engineering proposal (see attachment), Application Processing Fee of Delegation of Authority (see attached) Biocide Sheet (see attached) Engineering Economics Alternatives Analysis, Local Government Signoff, Source Reduction and Recycling, Interbasin Transfer, Other • 1 P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-7015 FAX 919-733-2496 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper Flication is not made complete within thirty (30) days, it will be to you and may be resubmitted when complete. rls9/733-5083) application has been assigned to Susan Robson of our Permits Unit for review. You wiii be advised ot any comments recommendations, questions or other information necessary for the review of the application. I am, by copy of this letter, requesting that our Regional Office Supervisor prepare a staff report and recommendations regarding this discharge. If you have any questions regarding this applications, please contact the review person listed above. Sincerely, Coleen H. Sullins, P.E. CC: hev�i `1�Rcgri,ona • �f�f+• • 40 _AROLINA DEPARTMENT OF EIWIRONMENT, HEALTH, AND NATURAL RESOURCES FFFDiVISION OF ENVIRONMENTAL MANAGEgENT/.WATER QUALITY SECTION NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM APPLICATION FOR PERMIT TO DISCHARGE - SHORT FORM D TO BE FILED ONLY BY DISCHARGES OF 100% DOMESTIC WASTE (< 1 MGD FLOW). Current North Carolina NPDES No.' N I C 10 10 1 (if known) 01) Please print or type(/ 1. Mailing address of applicant. �" Facility Name Owner Name Street Address City State W. C ZIP Code ASS -'A _ Telephone No: 214-1 5 2. Location of facility producing discharge: Name (If different from above) Facility Contact Person MStreet Address or State Road City County Telephone No. _•_ � Ill._, . E� cil 3. This NPDES Permit Application applies to which of the following (please indicate flow), Expansion/Modification * Existing .Unpermitted'Discharge -� Renewal New Facility * Please provide a description of the expansion/modification:' =-t 4. Please provide a description of the existing treatment facilities, if applicable: RECEIVE® JUN 12 1995 F?&WTIES ASSESSMENT UNfi 5. Please indicate the source of wastewater from the description of fac applicable): Source of wastewater Industrial Commercial Residential School Other • Please describe source of wastewater: Number of -Employe Number of Employe Number of Homes Number of Students/Staff 6. Number of separate wastewater discharge pipes/wastewater outfalls' (if applicable): 7. Name of receiving water or waters: (Please provide a map showing the exact location of discharge) I certify, that I am familiar with the information contained- iriithe application and that to the best of my knowledge and belief such information is true, complete, and accurate. Printed name o erson Signing lr_z�'5 � JG w4 Title 6/7 Date Application Signed SignatEtgAf Applicant North Carolina General Statute 143-215.6(b)(2) provides that: Any person who knowingly makes any false statement representation, or certification in any application, record, report, plan, or other document files or required to be maintained under Article 21' or regulations of the Environmental Management Commission implementing that Article, or who falsifies, tampers with, or knowingly renders inaccurate any recording or monitoring device or method required to be operated or maintained under Article 21 or regulations of the Environmental Management Commission implementing that Article, shall be guilty of a misdemeanor punishable by a fine not to exceed $10,000, or by imprisonment not to exceed six months, or by both. (18 U.S.C. Section 1001 provides a punishment by a fine of not more tham$10y000-or.imprisonment not more than 5 years, or both for a similar offense.) Carolina Environment, Vd Natural Resources n of Environmental Management Fames B. Hunt, Jr., Governor Jonathan B. Howes, Secretary A. Preston Howard, Jr., P.E., Director December 8, 1994 A. Dale Owen TRANSYLVANIA EVERGREEN CORP. Route 2, Box 3847 Brevard, North Carolina 28712 Subject: Renewal of NPDES Permit No. NCO081001 Transylvania County Dear Permittee: A LT 1T4 Oak IL �EHNR L/¢ �` t81 qi� �.v i ! A r! DEC 1 3 � r.9q� The subject permit expires on 950831. North Carolina General Stature 143.215.1(c) requires that an application for l®rmit renewal be filed at least 180 days prior to the expiration date. As of the date of this letter, the Division of rvironmental Management has not received an application for renewal. If continuation of the permit is desired, failure to request renewal at least 180 days prior to expiration will result in a civil assessment of at least $250.00. Larger penalties may be assessed depending upon the delinquency of the request. If operation of a discharge or waste treatment facility is to occur after the expiration date of the permit, or if continuation of the permit is desired, it must not be allowed to expire. Operation of the waste treatment works or continuation of a discharge after the expiration date would constitute a violation of NCGS 143-215.1 and could result in assessment of civil penalties of up to $10,000 per day. A renewal application shall consist of the following information: 1. A letter requesting the renewal. 2. The completed application form (copy attached), signed and submitted in triplicate. 3. A processing fee (see attached schedule) in accordance with 15A NCAC 2H .0105(b). The application processing fee is based on the design or permitted flow, whichever is appropriate. 4. Primary industries listed in Appendix A of Title 40 of the Code of Federal Regulations, Part 122 shall also submit a priority pollutant analysis in accordance with Part 122.21. 5. Facilities which have not been constructed within the last permit cycle and are therefore, considered "new" facilities, shall also submit an Engineering Alternatives Analysis, referenced in 15A NCAC Subchapter 2H .0103 and Subchapter 2B .0201(c). 6. If the facility covered by this permit contains some type of treatment works, a narrative description of the sludge management plan must be submitted with the application for renewal. In addition to penalities referenced above, a permit renewal request received after the expiration date will be isnsidered as a new application and will require the higher application fee. 15A NCAC 2H .0105(b)(2) requires payment of an annual Administrative and Compliance Monitoring fee for most permitted facilities. You will be belied sc ara,el lo, ',hat foe (if applicable), after our, emit is approved. p � Y PP y P PP mpleted permit application, and appropriate .fee should be sent to: Permits and Engineering Unit Division of Environmental Management/WQ Section Post Office Box 29535 Raleigh, North Carolina 27626-0535 The check should be made payable to the North Carolina Department of Environment, Health, and Natural Resources which may be abbreviated as NCDEHNR. If there are questions or a need for additional information regarding the permit renewal procedure, please contact the NPDES Group at telephone number (919)-733-5083. Central Files Asheville Regional Office • Respectfully, 1✓i"�!"'�'��j �`. � firs ;',���i.! ;�%f�.1: David A. Goodrich, Supervisor NPDES Group' Mate of North Carolina Department of Environment, Health and Natural Resources Division of Environmental Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary A. Preston Howard, Jr., P.E., Director September 29, 1995 Mr. Dale Owen Route 2, Box 397 Brevard, North Carolina 28712 Subject: NPDES Permit Issuance Permit No. NC0081001 Transylvania Evergreen Corp. Transylvania County Dear Mr. Owen: In accordance with the application for a discharge permit received on June 12, 1995, the Division is forwarding herewith the subject NPDES permit. This permit is issued pursuant to the requirements of North Carolina General Statute 143-215.1 and the Memorandum of Agreement between Nbglt Carolina and the US Environmental Protection Agency dated December 6, 1983. If any parts, measurement frequencies or sampling requirements contained in this permit are unacceptable to you, you have the right to an adjudicatory hearing upon written request within thirty (30) days following receipt of this letter. This request must be in the form of a written petition, conforming to Chapter 150B of the North Carolina General Statutes, and filed with the Office of Administrative Hearings, Post Office Drawer 27447, Raleigh, North Carolina 27611-7447. Unless such demand is made, this decision shall be fmal and binding. Please take notice this permit is not transferable. Part II, EA. addresses the requirements to be i� i_lowed in case of change in ownership or control of this discharge. This permit does not affect the legal requirements to obtain other permits which may be required by the Division of Environmental Management or permits required by the Division of Land Resources, Coastal Area Management Act or any other Federal or Local governmental permit that may be required. If you have any questions concerning this permit, please contact Susan Robson at telephone number (919)733-5083, extension 551. Silluereiy, Original Signed By David X Goodrich A. Preston Howard, Jr., P.E. cc: Central Files ".Asheville: Regional. Office_-- Mr. Roosevelt Childress, EPA Permits and Engineering Unit Facilities Assessment Unit P.O. Box 29535, Raleigh, North Carolina 27626-0535 An Equal Opportunity Affirmative Action Employer Telephone 919-733-5083 FAX 919-733-9919 50% recycled/ 10% post -consumer paper Permit No. NCO081001 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT, HEALTH, AND NATURAL RESOURCES DIVISION OF ENVIRONMENTAL MANAGEMENT PERMIT TO DISCHARGE WASTEWATER UNDER THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM In compliance with the provision of North Carolina General Statute 143-215.1, other lawful standards and regulations promulgated and adopted by the North Carolina Environmental Management Commission, and the Federal Water Pollution Control Act, as amended, Transylvania Evergreen Corporation is hereby authorized to discharge wastewater from a facility located at on U.S. Highway 64 northeast of Rosman Transylvania County to receiving Nvaters designated as Morgan Mill Creek in the French Broad River Basin in accordance with effluent limitations, monitoring requirements, and other conditions set forth in Parts I, II, and III hereof. This permit shall become effective November 1, 1995 This permit and authorization to discharge shall expire at midnight on August 31, 2000 Signed this day September 29, 1995 original Signed gy David A. Goodrich A. Preston Howard, Jr., Director Division of Environmental Management By Authority of the Environmental Management Commission Permit No. NC0081001 SUPPLEMENT TO PERMIT COVER SHEET Transylvania Evergreen Corporation is hereby authorized to: 1. Enter into a contract for construction of a wastewater treatment facility, and 2. Make an outlet into Morgan Mill Creek, and 3. After receiving an Authorization to Construct from the Division of Environmental Management, construct and operate a .010 MGD wastewater treatment facility located at on U.S. Highway 64, northeast of Rosman, Transylvania County (See Part III of this Permit), and 4 Discharge from said treatment works at the location specified on the attached map into Morgan Mill Creek which is classified class B-Trout waters in the French Broad River Basin. Y"! /J(JTj11 goo ,•C� , C, ``1J1 d . �I•••� QIOD t ,-� Mlle .✓i ,l 2 I ' U - l Trans vIvania Everareen Co r .; � "- awe+d L N C0081 001 in�' :'pz Discharge Point. mg N123 Latitude: 35009'55" Z160 —� Longitude: 82048125" e � _ / �••�, Male �a=� S7 E r Or�i�•. D •c __ ,`. Wa 12 Jr K , ei2 ee��� / M le �� t• /� _ 1 \ p 2�4 \� 9 _S_�_ f oo AO/NO �• aye' ^ •t. ' / \� Mileg 0 \ \\ �`^`��, . •' Mlle ` `, 1:`,�' BM LA 735 "' (l\J 7 , O Ors• 1j 21 IN,G (..:..Mlle 2186' t� Q 0 Mil €. PROPOSED AHTP SITE TRANSYLVANIA EVERGREEN-CORP. TRANSYLVANIA COUNTY, N.C. USGS ROSMAN QUAD. 185 NE 1"=2000' A. O. EFFLI T LIMITATIONS AND MONITORING REQUIREMENT NAL Permit No. NCO08100 During the period beginning on the effective date of the permit and lasting until expiration, the Permittee is authorized to discharge from outfall(s) serial number 001. Such discharges shall be limited and monitored by the permittee as specified below: Effluent Characteristics Flow BOD, 5 day, 20°C Total Suspended Residue NI-13 as N Fecal Coliform (geometric mean) Total Residual Chlorine Temperature Oil and Grease M BAS Discharge Limitations Monthly Avg. 0.010 MGD 30.0 mg/I 30.0 mg/I 24.0 mg/I 200.0 /100 ml 30.0 mg/I Weekly Ayg. Monitoring Requirements Measurement Sample "Sample Daily Max Frequency Tvpe Location Weekly Instantaneous I or E 45.0 mg/I Weekly Grab E 45.0 mg/I Weekly Grab E Weekly Grab E 400.0 /100 ml Weekly Grab E 28.0 µg/I 2/Week Grab E Weekly Grab E 60.0 mg/I Weekly Grab E Weekly Grab E * Sample locations: E - Effluent, I - Influent, U - Upstream 50 feet from discharge, D - Downstream 50 feet from discharge. The pH shall not be less than 6.0 standard units nor greater than 9.0 standard units and shall be monitored weekly at the effluent by grab sample. There shall be no discharge of floating solids or visible foam in other than trace amounts. PART I Section B. Schedule of Compliance 1. The permittee shall comply with Final Effluent Limitations specified for discharges in accordance with the following schedule: Permittee shall comply with Final Effluent Limitations by the effective date of the permit unless specified below. 2. Permittee shall at all times provide the operation and maintenance necessary to operate the existing facilities at optimum efficiency. 3. No later than 14 calendar days following a date identified in the above schedule of compliance, the permittee shall submit either a report of progress or, in the case of specific actions being required by identified dates, a written notice of compliance or noncompliance. In the latter case, the notice shall include the cause of noncompliance, any remedial actions taken, and the probability of meeting the next schedule requirements. Part II Page 1 of 14 PART II STANDARD CONDITIONS FOR NPDES PERMITS SECTION A. DEFINITIONS 1. Permit Issuing Authority The Director of the Division of Environmental Management. 2. DEM or Division Means the Division of Environmental Management, Department of Environment, Health and Natural Resources. 3. EMC Used herein means the North Carolina Environmental Management Commission. 4. Act or "the Act" The Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 USC 1251, et. seq. 5. Mass/Day Measurements a. The "monthly average discharge" is defined as the total mass of all daily discharges sampled and/or measured during a calendar month on which daily discharges are sampled and measured, divided by the number of daily discharges sampled and/or measured during such month. It is therefore, an arithmetic mean found by adding the weights of the pollutant found each day of the month and then dividing this sum by the number of days the tests were reported. The limitation is identified as "Monthly Average" in Part I of the permit. b. The "weekly average discharge" is defined as the total mass of all daily discharges sampled and/or measured during the calendar week (Sunday - Saturday) on which daily discharges are sampled and measured, divided by the number of daily discharges sampled and/or measured during such week. It is, therefore, an arithmetic mean found by adding the weights of pollutants found each day of the week and then dividing this sum by the number of days the tests were reported. This limitation is identified as "Weekly Average" in Part I of the permit. c. The "maximum daily discharge" is the total mass (weight) of a pollutant discharged during a calendar day. If only one sample is taken during any calendar day the weight of pollutant calculated from it is the "maximum daily discharge." This limitation is identified as "Daily Maximum," in Part I of the permit. d. The "average annual discharge" is defined as the total mass of all daily discharges sampled and/or measured during the calendar year on which daily discharges are sampled and measured, divided by the number of daily discharges sampled and/or measured during such year. It is, therefore, an arithmetic mean found by adding the weights of pollutants found each day of the year and then dividing this sum by the number of days the tests were reported. This limitation is defined as "Annual Average" in Part I of the permit. Part H Page 2 of 14 6. Concentration Measurement a. The "average monthly concentration," other than for fecal coliform bacteria, is the sum of the concentrations of all daily discharges sampled and/or measured during a calendar month on which daily discharges are- sampled and measured, divided by the number of daily discharges sampled and/or measured during such month (arithmetic mean of the daily concentration values). The daily concentration value is equal to the concentration of a composite sample or in the case of grab samples is the arithmetic mean (weighted by flow value) of all the samples collected during that calendar day. The average monthly count for fecal coliform bacteria is the geometric mean of the counts for samples collected during a calendar month. This limitation is identified as "Monthly Average" under "Other Limits" in Part I of the permit. b. The "average weekly concentration," other than for fecal coliform bacteria, is the sum of the concentrations of all daily discharges sampled and/or measured during a calendar week (Sunday/Saturday) on which daily discharges are sampled and measured divided by the number of daily discharges sampled and/or measured during such week (arithmetic mean of the daily concentration values). The daily concentration value is equal to the concentration of a composite sample or in the case of grab samples is the arithmetic mean (weighted by flow value) of all the samples collected during that calendar day. The average weekly count for fecal coliform bacteria is the geometric mean of the counts for samples collected during a calendar week. This limitation is identified as "Weekly Average" under "Other Limits" in Part I of the permit. c. The "maximum daily concentration" is the concentration of a pollutant discharge during a calendar day. If only one sample is taken during any calendar day the concentration of pollutant calculated from it is the "Maximum Daily Concentration". It is identified as "Daily Maximum" under "Other Limits" in Part I of the permit. d. The "average annual concentration," other than for fecal coliform bacteria, is the sum of the concentrations of all daily discharges sampled and/or measured during a calendar year on which daily discharges are sampled and measured divided by the number of daily discharges sampled and/or measured during such year (arithmetic mean of the daily concentration values). The daily concentration value is equal to the concentration of a composite sample or in the case of grab samples is the arithmetic mean (weighted by flow value) of all the samples collected during that calendar day. The average yearly count for fecal coliform bacteria is the geometric mean of the counts for samples collected during a calendar year. This limitation is identified as "Annual Average" under "Other Limits" in Part I of the permit. e. The "daily average concentration" (for dissolved oxygen) is the minimum allowable amount of dissolved oxygen required to be available in the effluent prior to discharge averaged over a calendar day. If only one dissolved oxygen sample is taken over a calendar day, the sample is considered to be the "daily average concentration" for the discharge. It is identified as "daily average" in the text of Part I. f. The "quarterly average concentration" is the average of all samples taken over a calendar quarter. It is identified as "Quarterly Average Limitation" in the text of Part I of the permit. g. A calendar quarter is defined as one of the following distinct periods: January through March, April through June, July through September, and October through December. Part II Page 3 of 14 7. Other Measurements a. Flow, (MGD): The flow limit expressed in this permit is the 24 hours average flow, averaged monthly. It is determined as the arithmetic mean of the total daily flows recorded during the calendar month. b. An "instantaneous flow measurement" is a measure of flow taken at the time of sampling, when both the sample and flow will be representative of the total discharge. c. A "continuous flow measurement" is a measure of discharge flow from the facility which occurs continually without interruption throughout the operating hours of the facility'. Flow shall be monitored continually except for the infrequent times when there may be no now or for infrequent maintenance activities on the flow device. 8. Tvnes of Samples a. Composite Sample: A composite sample shall consist of: (1) 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 (2) 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 present gallon interval between sample collection fixed at no greater than 1/24 of the expected total daily flow at the treatment system, or (3) a single, continuous sample collected over a 24 hour period proportional to the rate of flow. In accordance with (1) above, the time interval between influent grab samples shall be no greater than once per hour, and the time interval between effluent grab samples shall be no greater than once per hour except at wastewater treatment systems having a detention time of greater than 24 hours. In such cases, effluent grab samples may be collected at time intervals evenly spaced over the 24 hour period which are equal in number of hours to the detention time of the system in number of days. However, in no case may the time interval between effluent grab samples be greater than six (6) hours nor the number of samples less than four (4) during a 24 hour sampling period. b. Grab Sample: Grab samples are individual samples collected over a period of time not exceeding 15 minutes; the grab sample can be taken manually. Grab samples must be representative of the discharge or the receiving waters. 9. Calculation of Means a Arithmetic Mean: The arithmetic mean of any set of values is the summation of the individual values divided by the number of individual values. b. Geometric Mean: The geometric mean of any set of values is the Nth root of the product of the individual values where N is equal to the number of individual values. The geometric mean is equivalent to the antilog of the arithmetic mean of the logarithms of the individual values. For purposes of calculating the geometric mean, values of zero (0) shall be considered to be one (1). Part II Page 4 of 14 c. Weighted by Flow Value: Weighted by flow value means the summation of each concentration times its respective flow divided by the summation of the respective flows. 10. Calendar Day A calendar day is defined as 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. A hazardous substance means any substance designated under 40 CFR Part 116 pursuant to Section 311 of the Clean Water Act. 12. Toxic Pollutant A toxic pollutant is any pollutant listed as toxic under Section 307(a)(1) of the Clean Water Act. SECTION B. GENERAL CONDITIONS The permittee must comply with all conditions of this permit. Any permit noncompliance constitutes a violation of the Clean Water Act and is grounds for enforcement action; for permit termination, revocation and reissuance, or modification; or denial of a permit renewal application. a. The permittee shall comply with effluent standards or prohibitions established under section 307(a) of the Clean Water Act for toxic pollutants and with standards for sewage sludge use or disposal established under section 405(d) of the Clean Water Act 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 Clean Water Act provides that any person who violates a permit condition is subject to a civil penalty not to exceed $25,000 per day for each violation. Any person who negligently violates any permit condition is subject to criminal penalties of $2,500 to $25,000 per day of violation, or imprisonment for not more than 1"year, or both. Any person who knowingly violates permit conditions 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. Also, any person who violates a permit condition may be assessed an administrative penalty not to exceed $10,000 per'violation with the maximum amount not to exceed $125,000. [Ref: Section 309 of the Federal Act 33 U.S.C. 1319 and 40 CFR 122.41 (a)] c. Under state law, a civil penalty of not more than ten thousand dollars ($10,000) 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. [Ref: North Carolina General Statutes § 143-215.6A] d. Any person may be assessed an administrative penalty by the Administrator for violating section 301, 302, 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. Administrative penalties for Class I violations are not to exceed $10,000 per violation, with the maximum amount of any Class I penalty assessed not to exceed $25,000. Part II Page 5 of 14 Penalties for Class II violations are not to exceed $10,000 per day for each day during which the violation continues, with the maximum amount of any Class lI penalty not to exceed $125,000. MOC • . O The permittee shall take all reasonable steps to minimize or prevent any discharge or sludge use or disposal in violation of this permit which has a reasonable likelihood of adversely affecting human health or the environment. 3. Civil and Criminal Liability Except as provided in permit conditions on "Bypassing" (Part II, C-4) and "Power Failures" (Part II, C-7), nothing in this permit shall be construed to relieve the permittee from any responsibilities, liabilities, or penalties for noncompliance pursuant to NCGS 143-215.3,143- 215.6 or Section 309 of the Federal Act, 33 USC 1319. Furthermore, the permittee is responsible for consequential damages, such as fish kills, even though the responsibility for effective compliance may be temporarily suspended. 4. Oil and Hazardous Substance Liability Nothing in this permit shall be construed to preclude the institution of any legal action or relieve the permittee from any responsibilities, liabilities, or penalties to which the permittee is or may be subject to under NCGS 143-215.75 et seq. or Section 311 of the Federal Act, 33 USG 1321. Furthermore, the permittee is responsible for consequential damages, such as fish kills, even though the responsibility for effective compliance may be temporarily suspended. The issuance of this permit does not convey any property rights in either real or personal property, or any exclusive privileges, nor does it authorize any injury to private property or any invasion of personal rights, nor any infringement of Federal, State or local laws or regulations. 6. Onshore or Offshore Construe i n 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. Severability The provisions of this permit are severable, and if any provision of this permit, or the application of any provision of this permit to any circumstances, is held invalid, the application of such provision to other circumstances, and the remainder of this permit, shall not be affected thereby. S. 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 to be kept by this permit. Part II . Page 6 of 14 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. 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. Signat= Requirements All applications, reports, or information submitted to the Permit Issuing Authority shall be signed and certified. 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 employing more than 250 persons or having gross annual sales or expenditures exceeding 25 million (in second quarter 1980 dollars), if 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. b. All reports required by the permit and other information requested by the Permit Issuing Authority shall be signed by a person described above or by a duly authorized representative of that person. A person is a duly authorized representative only if: 0) 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. Part II Page 7 of 14 c. Certification. Any person signing a document under paragraphs a. or b. of this section shall make the following certification: "I certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information, submitted is, to the best of -my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for knowing violations." 12. Permit Actions This permit may be modified, revoked and reissued, or terminated for cause. The filing of a request by the permittee for a permit modification, revocation and reissuance, or termination, or a notification of planned changes or anticipated noncompliance does not stay any permit condition. 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. Previous Permits All previous National Pollutant Discharge Elimination System Permits issued to this facility, whether for operation or discharge, are hereby revoked by issuance of this permit. [The exclusive authority to operate this facility arises under this permit. The authority to operate the facility under previously issued permits bearing this number is no longer effective. ] The conditions, requirements, terms, and provisions of this permit authorizing discharge under the National Pollutant Discharge Elimination System govern discharges from this facility. SECTION C. OPERATION AND MAINTENANCE OF POLLUTION CONTROLS Pursuant to Chapter 90A-44 of North Carolina General Statutes, and upon classification of the facility by the Certification Commission, the permittee shall employ a certified wastewater treatment plant operator in responsible charge (ORC) of the wastewater treatment facilities. Such operator must hold a certification of the grade equivalent to or greater than the classification assigned to the wastewater treatment facilities by the Certification Commission. The permittee must also employ a certified back-up operator of the appropriate type and any grade to comply with the conditions of Title 15A, Chapter 8A .0202. The ORC of the facility must visit each Class I facility at least weekly and each Class II, III, and IV facility at least daily, excluding weekends and holidays, and must properly manage and document daily operation and maintenance of the facility and must comply with all other conditions of Title 15A, Chapter 8A .0202. Once the facility is classified, the permittee shall submit a letter to the Certification Commission which designates the operator in responsible charge within thirty days after the wastewater treatment facilities are 50% complete. Part II Page 8 of 14 2. Proper Qperation 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 operation of back-up or auxiliary facilities or similar systems which are installed by a permittee only when the operation is necessary to achieve compliance with the conditions of the permit. 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. 4. Bypassing of Treatment Facilities a. Definitions (1) "Bypass" means 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. (2) "Severe property damage" means 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 does not mean economic loss caused by delays in production. b. Bypass not exceeding limitations. 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 c. and d. of this section. c. Notice (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 affect of the bypass. (2) Unanticipated bypass. The permittee shall submit notice of an unanticipated bypass as . required in Part H, E. 6. of this permit. (24 hour notice). d. Prohibition of Bypass (1) Bypass 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 Part II Page 9 of 14 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 c. of this section. (2) The Permit Issuing Authority may approve an anticipated bypass, after considering its adverse affects, if the Permit Issuing Authority determines that it will meet the three conditions listed above in Paragraph d. (1) of this section. 5. Upsets a. Definition. "Upset " means an exceptional incident in which there is unintentional and temporary noncompliance with technology based permit effluent limitations because of factors beyond the reasonable control of the permittee. An upset does not include noncompliance to the extent caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance, or careless or improper operation. b. Effect of an upset. An upset constitutes an affirmative defense to an action brought for noncompliance with such technology based permit effluent limitations if the requirements of paragraph c. 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. c. Conditions necessary for a demonstration of upset. A 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) (B) of this permit. (4) The permittee complied with any remedial measures required under Part II, B. 2. of this permit. d. Burden of proof. In any enforcement proceeding the permittee seeking to establish the occurrence of an upset has the burden of proof. 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 Part II Page 10 of 14 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 reopened and modified; or revoked and reissued, to incorporate applicable requirements at 40 CFR Part 503. The permittee shall comply with applicable 40 CFR Part 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 DEM Regulation, Title 15A, North Carolina Administrative Code, Subchapter 2H, .0124 Reliability, 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 Sam liing 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 which 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. .7 . Monitoring results obtained during the previous month(s) shall be summarized for each month and reported on a monthly Discharge Monitoring Report (DMR) Form (DEM No. MR 1,1.1, 2, 3) or alternative forms approved by the Director, DEM, postmarked no later than the 30th day 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: Division of Environmental Management Water Quality Section ATTENTION: Central Files Post Office Box 29535 Raleigh, North Carolina 27626-0535 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 are 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 Part II Page 11 of 14 discharge volumes. Once -through condenser cooling water flow which is 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. 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 Federal Water Pollution Control Act, as Amended, and Regulation 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. To meet the intent of the monitoring required by this permit, all test procedures must produce minimum detection and reporting levels that are below the permit discharge requirements and all data generated must be reported down to the minimum detection or lower reporting level of the procedure. If no approved methods are determined capable of achieving minimum detection and reporting levels below permit discharge requirements, then the most sensitive (method with the lowest possible detection and reporting level) approved method must be used. 5. Penalties for Tampering The Clean Water Act 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. 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 and all original strip chart recordings for continuous monitoring instrumentation, copies of all reports required by this permit, 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. 7. Recording Results For each measurement or sample taken pursuant to the requirements of this permit, the permittee shall record the following information: 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. Part II Page 12 of 14 8. Inspection and Entev 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; 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 Clean Water Act, any substances or parameters at any location. 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. Notice is required only when: a. The alteration or addition to a permitted facility may meet one of the criteria for determining whether a facility is a new source in 40 CFR Part 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 which are subject neither to effluent limitations in the permit, nor to notification requirements under 40 CFR Part 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 alternation, 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 in the permitted facility or activity which may result in noncompliance with permit requirements. Part II Page 13 of 14 4. Transfers This permit is not transferable to any person except after notice to the Director. The Director may require modification or revocation and reissuance of the permittee and incorporate such other requirements as may be necessary under the Clean Water Act. 5. Monitoring Reports Monitoring results shall be reported at the intervals specified elsewhere in this permit. a. Monitoring results must be reported on a Discharge Monitoring Report (DMR) (See Part H. D. 2 of this permit) 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 the permit, using test procedures specified in Part II, D. 4. of this permit or in the case of sludge use or disposal, approved under 40. CFR 503, or as specified in this permit, the results of this monitoring shall be included in the calculation and reporting of the data submitted in the DMR. c. Calculations for all limitations which require averaging of measurements shall utilize an arithmetic mean unless otherwise specified by the Director in the permit. 6. Twenty-four Hour Reporting a. The permittee shall report to the central office or the appropriate regional office any noncompliance which may endanger 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. b. The following shall be included as information which must be reported within 24 hours - under this paragraph: (1) Any unanticipated bypass which exceeds any effluent limitation in the permit. (2) Any upset which exceeds any effluent limitation in the permit. (3) Violation of a maximum daily discharge limitation for any of the pollutants listed by the Director in the permit to be reported within 24 hours. c. The Director may waive the written report on a case -by -case basis for reports under paragraph b. above of this condition if the oral report has been received within 24 hours. 7. Other Noncompliance The permittee shall report all instances of noncompliance not reported under Part IL 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. Part II Page 14 of 14 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. ONFUSTITT,_u .,..- �. ., 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 directly to receiving waters 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 in letter form within 5 days following first knowledge of the occurrence. 1 = .• " • •• 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 of Environmental Management. As required by the Act, effluent data shall not be considered confidential. Knowingly making any false statement on any such report may result in the imposition of criminal penalties as provided for in NCGS 143-215.1(b)(2) or in Section 309 of the Federal Act. 11. Penalties for Falsification of Reports The Clean Water Act 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 $10,000 per violation, or by imprisonment for not more than two years per violation, or by both. PART III OTHER REQUIREMENTS No construction of wastewater treatment facilities or additions to add to the plant's treatment capacity or to change the type of process utilized at the treatment plant shall be begun until Final Plans and Specifications have been submitted to the Division of Environmental Management and written approval and. Authorization to Construct has been issued. B. Groundwater. Monitoring The permittee shall, upon written notice from the Director of the Division of Environmental Management, conduct groundwater monitoring as may be required to determine the compliance of this NPDES permitted facility with the current groundwater standards. 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: 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 ug/1); (2)Two hundred micrograms per liter (200 ug/1) for acrolein and acrylonitrile; five hundred micrograms per liter (500 ug/1) for 2.4-dinitrophenol and for 2-methyl-4.6- dinitrophenol; and one milligram per liter (1 mg/1) for antimony; (3) Five (5) 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 ug/1); (2) One milligram per liter (1 mg/1) for antimony; (3) Ten (10) times the maximum concentration value reported for that pollutant in the permit application. D. Requirement to Continually Evaluate Alternatives to Wastewater Discharges The permittee shall continually evaluate all wastewater disposal alternatives and pursue the most environmentally sound alternative of the reasonably cost effective alternatives. If the facility is in substantial non-compliance with the terms and conditions of the NPDES permit or governing rules, regulations or laws, the permittee shall submit a report in such form and detail as required by the Division evaluating these alternatives and a plan of action within sixty,(60) days of notification by the Division. PART IV ANNUAL ADMINISTERING AND COMPLIANCE MONITORING FEE REQUIREMENTS A. The permittee must pay the annual administering and compliance monitoring fee within 30 (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)(4) may cause this Division to initiate action to revoke the permit.