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HomeMy WebLinkAboutNC0065889_Regional Office Physical File Scan Up To 9/29/2020r NCDENR North Carolina Department of Environment and Natural Resources Beverly Eaves Perdue Governor Ms. Brook Cole Indian Creek Resort, LLC 8000 Capps Ferry Road Building 15, Suite L120 Douglasville, Georgia 30132 Dear Ms. Cole: Division of Water Quality Charles Wakild, P.E. Director December 28, 2012 JAN 2 5 -2013 DWQ/Surface Water Protection Section Asheville Regional Office Dee Freeman -1 Secretary Subject: NPDES PERMIT ISSUANCE Permit Number NCO065889 Catatoga at Lake Toxaway WWTP — Class II Transylvania County Division personnel have reviewed and approved your application for renewal of the subject permit. Accordingly, we are forwarding the attached final NPDES discharge permit. This permit is issued pursuant to the requirements of North Carolina General Statute 143-215.1 and the Memorandum of Agreement between North Carolina and the U.S. Environmental Protection Agency dated October 15, 2007 (or as subsequently amended). If any parts, measurement frequencies or sampling requirements contained in this permit are unacceptable to you, you have the right to an adjudicatory hearing upon written request within thirty (30) days following receipt of this letter. This request must be in the form of a written petition, conforming to Chapter 150B of the North Carolina General Statutes, and filed with the Office of Administrative Hearings (6714 Mail Service Center, Raleigh, North Carolina 27699- 6714). Unless such demand is made, this permit shall be final and binding. Please take notice that this permit is not transferable. This permit does not affect the legal requirements to obtain other permits which may be required by the Division of Water Quality or permits required by the Division of Land Resources, Coastal Area Management Act, or any other Federal or Local governmental permits which may be required. If you have any questions or need additional information, please do not hesitate to contact Maureen Kinney of my staff at (919) 807-6388. Sincerely, y' Charles Wakild, P.E. cc: Central Files NPDES Unit Files Asheville Regional- Off ce r 1617 Mail Service Center, Raleigh;-Nb th Carolina 27699-1617 Location: 512 N. Salisbury St. Raleigh, North Carolina 27604 Phone: 919-807-63001 FAX: 919-807-6492 Internet: hfp://portal.ncdenr.org/web/wq/home One NorthCaw in.a Natlll allif An Equal Opportunity l Affirmative Action Employer Permit NCO, 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, Indian Creek Resort, LLC is hereby authorized to discharge wastewater from a facility located at the Catatoga at Lake Toxaway WWTP U.S. Highway 64 west of Rosman Transylvania County to receiving waters designated as Indian Creek in the Savannah 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 February 1, 2013. This permit and authorization to discharge shall expire at midnight on August 31, 2017. Signed this day December 28, 2012. If 1�/� lwf Charles Wakild, .E., Director. Division of Water Quality By Authority of the Environmental Management Commission Permit NC0065889 SUPPLEMENT TO PERMIT COVER SHEET All previous NPDES Permits issued to this facility, whether for operation or discharge are hereby revoked. As of this permit issuance, any previously issued permit bearing this number is no longer effective. Therefore, the exclusive authority to operate and discharge from this facility arises under the permit conditions, requirements, terms, and provisions included herein. Indian Creek Resort, LLC is hereby authorized to: 1. Continue to operate an existing 0.025 MGD extended aeration wastewater treatment system with the following additional components: a UV disinfection The facility is located west of Rosman at Catatoga at Lake Toxaway off U.S. Highway 64 in Transylvania County. 2. After receiving an Authorization to Construct from the Division of Water Quality, construct the necessary facilities to increase plant capacity to 0.07 MGD, and 3. After receiving an Authorization to Construct from the Division of Water Quality, construct the necessary facilities to expand the plant to its ultimate capacity of 0.14 MGD. 4. Discharge from said treatment works at the location specified on the attached map into Indian Creek, currently classified C-Trout waters in sub -basin 03-13-02 of the Savannah River Basin. 619 0 I 0 I;•1 Indian Creek Resort, LLC Catatoga at Lake Toxaway County: Transylvania Stream Class: C-Trout Receiving Stream: Indian Creek Sub -Basin: 03-13-02 Latitude: 35' 06' 45" Grid/Quad: G7SW / Reid Longitude: 82° 55' 10" HUC #: 03060101 In 1 } IV ; x y T_ �L-1 � • Lam.. � I �q. DISCHARGE POINT _ 273 J // Facility } Location (not to scale) NORTH NPDES Permit: NC0065889 S Permit NC0065889 EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS (0.025 MGD) During the period beginning on. the effective date of this permit and lasting until expansion above 0.025 MGD or expiration, the Permittee is authorized to discharge from outfall 001. Such discharges shall be limited and monitored by the Permittee as specified below: EFFLUENT LIMITS MONITORING REQUIREMENTS CHARACTERISTICS Monthly Daily Measurement Sample Sample Parameter Code Average . Maximum Frequency Type Location Flow 0.025 MGD Weekly Instantaneous Influent or Effluent 50050 BOD, 5-day (20°C) 30.0 mg/L 45.0 mg/L Weekly Grab Effluent C0310 Total Suspended Solids 30.0 mg/L 45.0 mg/L Weekly Grab Effluent C0530 NH3 as N Weekly Grab Effluent C0610 Fecal Coliform (geometric mean) 200/100 mL 400/100 mL Weekly Grab Effluent 31616 Temperature (°C) Weekly Grab Effluent 00010 Total Nitrogen (NO2+NO3+TKN) Semi- Composite Effluent 00600 Annually Total Phosphorus Semi - Composite Effluent C0665 Annually pH Not < 6.0 nor > 9.0 Weekly Grab Effluent 00400 Standard Units THERE SHALL BE NO DISCHARGE OF FLOATING SOLIDS OR VISIBLE FOAM IN OTHER THAN TRACE AMOUNTS See Condition A. (4.) for instructions should the facility's permitted UV system fail and an alternate means of disinfection is required. Total Residual Chlorine monitoring requirements and limits are applicable if chlorine compounds are used for disinfection. Permit NCO( A. (2.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS (0.07 MGD) During the period beginning upon expansion above 0.025 MGD and lasting until expansion above 0.07 MGD or expiration, the Permittee is authorized to discharge from outfall 001. Such discharges shall be limited and monitored by the Permittee as specified below: EFFLUENT LIMITS MONITORING REQUIREMENTS CHARACTERISTICS Monthly Daily Measurement Sample Sample Parameter Code Average Maximum Frequency Type Location Flow 0.07 MGD Weekly Instantaneous Influent or Effluent 50050 BOD, 5-day (20°C) 30.0 mg/L 45.0 mg/L Weekly Composite Effluent C0310 Total Suspended Solids 30.0 mg/L 45.0 mg/L Weekly Composite Effluent C0530 NH3 as N - Summer* 6.0 mg/L 30.0 mg/L Weekly Composite Effluent C0610 NH3 as N - Winter* 23.5 mg/L 35.0 mg/L Weekly Composite Effluent C0610 Fecal Coliform (geometric mean) 200/100 mL 400/100 mL Weekly Grab Effluent 31616 Temperature (°C) Weekly Grab Effluent 00010 Total Nitrogen (NO2+NO3+TKN) Semi- Composite Effluent 00600 Annually Total Phosphorus Semi- Composite Effluent C0665 Annually pH Not < 6.0 nor > 9.0 Weekly Grab Effluent 00400 Standard Units *Summer: April 1 — October 31 *Winter: November 1 — March 31 Footnotes: THERE SHALL BE NO DISCHARGE OF FLOATING SOLIDS OR VISIBLE FOAM IN OTHER THAN TRACE AMOUNTS See Condition A. (4.) for instructions should the facility's permitted UV system fail and an alternate means of disinfection is required. Total Residual Chlorine monitoring requirements and limits are applicable if chlorine compounds are used for disinfection. Permit NC0065889 EFFLUENT LIMITATIONS AND MONI �ORING REQUIREMENTS (0.14-MGD) During the period beginning upon expansion above 0.07 MGD and lasting until expiration, the Permittee is authorized to discharge from outfa11001. Such discharges shall be limited and monitored by the Permittee as specified below: EFFLUENT LIMITS MONITORING REQUIREMENTS CHARACTERISTICS Monthly Daily Measurement Saniple Sample Parameter Code Average Maximum Frequency Type Location Flow Fl ow 0.14 MGD Weekly Instantaneous Influent or Effluent BOD, 5-day (20°C) 30.0 mg/L 45.0 mg/L Weekly Composite Effluent C0310 Total Suspended Solids 30.0 mg/L 45.0 mg/L Weekly Composite Effluent C0530 NH3 as N - Summer* 6.0 mg/L 30.0 mg/L Weekly Composite Effluent C0610 NH3 as N - Winter* 23.5 mg/L 35.0 mg/L Weekly Composite Effluent C0610 Fecal Coliform (geometric mean) 200/100 mL 400/100 mL Weekly Grab Effluent 31616 Temperature (°C) Weekly Grab Effluent 00010 Total Nitrogen (NO2+NO3+TKN) Semi -Annually Composite Effluent C0600 Total Phosphorus Semi -Annually Composite Effluent C0665 pH Not < 6.0 nor > 9.0 Weekly Grab Effluent 00400 Standard Units *Summer: April 1 — October 31 *Winter: November 1 —March 31 THERE SHALL BE NO DISCHARGE OF FLOATING SOLIDS OR VISIBLE FOAM IN OTHER THAN TRACE AMOUNTS See Condition A. (4.) for instructions should the facility's permitted UV system fail and an alternate means of disinfection is required. Total Residual Chlorine monitoring requirements and limits are applicable if chlorine compounds are used for disinfection. Permit NCO( A. (4.) TEMPORARY MEANS OF DISINFECTION In the event that the wastewater treatment plant's ultraviolet (UV) disinfection system should fail, underperform, or otherwise be removed from effective service, the permittee or his agent should immediately inform the Surface Water Protection. Section staff of the Asheville Regional Office of this development and discuss temporary, alternate means for disinfection of the effluent. If chlorine compounds are used as temporary means of disinfection, the total residual chlorine (TRC) concentration of the effluent must be monitored on a daily basis while this method of disinfection is in use and values must be reported on the discharge monitoring report. TRC in the effluent may not exceed 28 µg/L; therefore, dechlorination methods may also be necessary to ensure protection of water quality in the receiving stream. Use of a disinfection system other than the permitted UV system during circumstances not deemed as emergency and/or temporary (replacement of lamps, lamp cleaning or maintenance, etc.) will be considered a violation of the terms of this permit. The Division shall consider all effluent TRC values reported below 50 µg/L to be in compliance with the permit. However, the Permittee shall continue to record and submit all values reported by a North Carolina certified laboratory (including field certified), even if these values fall below 50 µg/L. DES Permit Standard Conditions Page I of 18 PART II STANDARD CONDITIONS FOR NPDES PERMITS Section A. Definitions 2/Month Samples are collected twice per month with at least ten calendar days between sampling events. These samples shall be representative of the wastewater discharged during the sample period. 3/Week Samples are collected three times per week on three separate calendar days. These samples shall be representative of the wastewater discharged during the sample period. Act or "the Act" The Federal Water Pollution Control Act, also known as the Clean Water Act (CWA), as amended, 33 USC 1251, et. seq. Annual Average The arithmetic mean of all "daily discharges" of a pollutant measured during the calendar year. In the case of fecal coliform, the geometric mean of such discharges. Arithmetic Mean The summation of the individual values divided by the number of individual values. Bypass The known diversion of waste streams from any portion of a treatment facility including the collection system, which is not a designed or established or operating mode for the facility. Calendar Day The period from midnight of one day until midnight of the next day. However, for purposes of this permit, any consecutive 24-hour period that reasonably represents the calendar day may be used for sampling. Calendar Week The period from Sunday through the following Saturday. Calendar Quarter One of the following distinct periods: January through March, April through June, July through September, and October through December. Composite Sample A sample collected over a 24-hour period by continuous sampling or combining grab samples of at least 100 mL in such a manner as to result in a total sample representative of the wastewater discharge during the sample period. The Director may designate the most appropriate method (specific number and size of aliquots necessary, the time interval between grab samples, etc.) on a case -by -case basis. Samples may be collected manually or automatically. Composite samples may be obtained by the following methods: (1) Continuous: a single, continuous sample collected over a 24-hour period proportional to the rate of flow. (2) Constant time/variable volume: a series of grab samples collected at equal time intervals over a 24 hour period of discharge and combined proportional to the rate of flow measured at the time of individual sample collection, or (3) Variable time/constant volume: a series of grab samples of equal volume collected over a 24 hour period with the time intervals between samples determined by a preset number of gallons passing the sampling point. Flow measurement between sample intervals shall be determined by use of a flow recorder and totalizer, and the preset gallon interval between sample collection fixed at no greater than 1/24 of the expected total daily flow at the treatment system, or Version 1110912011 QDES Permit Standard R (4) Constant time/constant volume: a series of grab samples of equal volume collected over a 24-hour pi constant time interval. Use of this method requires prior approval by the Director. This method may used in situations where effluent flow rates vary less than 15 percent. The following restrictions also apply: ➢ Influent and effluent grab samples shall be of equal size and of no less than 100 milliliters ➢ Influent samples shall not be collected more than once per hour. ➢ Permittees with wastewater treatment systems whose detention time < 24 hours shall collect effluent grab samples at intervals of no greater than 20 minutes apart during any 24-hour period. ➢ Permittees with wastewater treatment systems whose detention time exceeds 24 hours shall collect effluent grab samples at least every six hours; there must be a minimum of four samples during a 24-hour sampling period. Continuous flow measurement Flow monitoring that occurs without interruption throughout the operating hours of the facility. Flow shall be monitored continually except for the infrequent times when there may be no flow or for infrequent maintenance activities on the flow device. Daily Discharge The discharge of a pollutant measured during a calendar day or any 24-hour period that reasonably represents the calendar day for purposes of sampling. For pollutants measured in units of mass, the "daily discharge" is calculated as the total mass of the pollutant discharged over the day. For pollutants expressed in other units of measurement, the "daily discharge" is calculated as the average measurement of the pollutant over the day. (40 CFR 122.2; see also "Composite Sample," above.) Daily Maximum The highest "daily discharge" during the calendar month. Daily Sampling Parameters requiring daily sampling shall be sampled 5 out of every 7 days per week unless otherwise specified in the permit. Sampling shall be conducted on weekdays except where holidays or other disruptions of normal operations prevent weekday sampling. If sampling is required for all seven days of the week for any permit parameter(s), that requirement will be so noted on the Effluent Limitations and Monitoring Page(s). DWQ or "the Division" The Division of Water Quality, Department of Environment and Natural Resources. Effluent Wastewater discharged following all treatment processes from a water pollution control facility or other point source whether treated or untreated. EMC The North Carolina Environmental Management Commission EPA The United States Environmental Protection Agency Facility Closure Cessation of all activities that require coverage under this NPDES permit. Completion of facility closure will allow this permit to be rescinded. Geometric Mean The Nth root of the product of the individual values where N = the number of individual values. For purposes of calculating the geometric mean, values of "0" (or "< [detection level]") shall be considered = 1. Grab Sample Individual samples of at least 100 mL collected over a period of time not exceeding 15 minutes. Grab samples can be collected manually. Grab samples must be representative of the discharge (or the receiving stream, for instream samples). Version 1110912011 DES Permit Standard Conditions Page 3 of 18 is Substance tance designated under 40 CFR Part 116 pursuant to Section 311 of the CWA. Instantaneous flow measurement The flow measured during the minimum time required for the flow measuring device or method to produce a result in that instance. To the extent practical, instantaneous flow measurements coincide with the collection of any grab samples required for the same sampling period so that together the samples and flow are representative of the discharge during that sampling period. Monthly Average (concentration limit) The arithmetic mean of all "daily discharges" of a pollutant measured during the calendar month. In the case of fecal coliform or other bacterial parameters or indicators, the geometric mean of such discharges. Permit Issuing Authority The Director of the Division of Water Quality. Quarterly Average (concentration limit) The arithmetic mean of all samples taken over a calendar quarter. Severe property damage Substantial physical damage to property, damage to the treatment facilities which causes them to become inoperable, or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass. Severe property damage excludes economic loss caused by delays in production. Toxic Pollutant: Any pollutant listed as toxic under Section 307(a)(1) of the CWA. Upset An incident beyond the reasonable control of the Permittee causing unintentional and temporary noncompliance with permit effluent limitations and/or monitoring requirements. An upset does not include noncompliance caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance, or careless or improper operation. Weekly Average (concentration limit) The arithmetic mean of all "daily discharges" of a pollutant measured during the calendar week. In the case of fecal coliform or other bacterial parameters or indicators, the geometric mean of such discharges. Section B. General Conditions 1. Duty to Comply The Permittee must comply with all conditions of this permit. Any permit noncompliance constitutes a violation of the CWA and is grounds for enforcement action; for permit termination, revocation and reissuance, or modification; or denial of a permit renewal application [40 CFR 122.41 ]. a. The Permittee shall comply with effluent standards or prohibitions established under section 307(a) of the CWA for toxic pollutants and with standards for sewage sludge use or disposal established under section 405(d) of the CWA within the time provided in the regulations that establish these standards or prohibitions or standards for sewage sludge use or disposal, even if the permit has not yet been modified to incorporate the requirement. b. The CWA provides that any person who violates section[s] 301, 302, 306, 307, 308, 318 or 405 of the Act, or any permit condition or limitation implementing any such sections in a permit issued under section 402, or any requirement imposed in a pretreatment program approved under sections 402(a)(3) or 402(b)(8) of the Act, is subject to a civil penalty not to exceed $37,500 per day for each violation. [33 USC 1319(d) and 40 CFR 122.41(a)(2)] c. The CWA provides that any person who negligently violates sections 301, 302, 306, 307, 308, 318, or 405 of the Act, or any condition or limitation implementing any of such sections in a permit issued under section 402 of the Act, or any requirement imposed in a pretreatment program approved under section 402(a)(3) or 402(b)(8) of the Act, is subject to criminal penalties of $2,500 to $25,000 per day of violation, or Version 1110912011 0 VPDES Permit Standard R imprisonment of not more than 1 year, or both. In the case of a second or subsequent conviction for, violation, a person shall be subject to criminal penalties of not more than $50,000 per day of violatio imprisonment of not more than 2 years, or both. [33 USC 1319(c)(1) and 40 CFR 122.41(a)(2)] Any person who knowingly violates such sections, or such conditions or limitations is subject to criminal penalties of $5,000 to $50,000 per day of violation, or imprisonment for not more than 3 years, or both. In the case of a second or subsequent conviction for a knowing violation, a person shall be subject to criminal penalties of not more than $100,000 per day of violation, or imprisonment of not more than 6 years, or both. [33 USC 1319(c)(2) and 40 CFR 122.41(a)(2)] e. Any person who knowingly violates section 301, 302, 303, 306, 307, 308, 318 or 405 of the Act, or any permit condition or limitation implementing any of such sections in a permit issued under section 402 of the Act, and who knows at that time that he thereby places another person in imminent danger of death or serious bodily injury, shall, upon conviction, be subject to a fine of not more than $250,000 or imprisonment of not more than 15 years, or both. In the case of a second or subsequent conviction for a knowing endangerment violation, a person shall be subject to a fine of not more than $500,000 or by imprisonment of not more than 30 years, or both. An organization, as defined in section 309(c)(3)(B)(iii) of the CWA, shall, upon conviction of violating the imminent danger provision, be subject to a fine of not more than $1,000,000 and can be fined up to $2,000,000 for second or subsequent convictions. [40 CFR 122.41(a)(2)] f. Under state law, a civil penalty of not more than $25,000 per violation may be assessed against any person who violates or fails to act in accordance with the terms, conditions, or requirements of a permit. [North Carolina General Statutes § 143-215.6A] g. Any person may be assessed an administrative penalty by the Administrator for violating section 301, 302, 306, 307, 308, 318 or 405 of this Act, or any permit condition or limitation implementing any of such sections in a permit issued under section 402 of this Act. Administrative penalties for Class I violations are not to exceed $16,000 per violation, with the maximum amount of any Class I penalty assessed not to exceed $37,500. Penalties for Class 11 violations are not to exceed $16,000 per day for each day during which the violation continues, with the maximum amount of any Class II penalty not to exceed $177,500. [33 USC 1319(g)(2) and 40 CFR 122.41(a)(3)] 2. Duty to Mitigate The Permittee shall take all reasonable steps to minimize or prevent any discharge or sludge use or disposal in violation of this permit with a reasonable likelihood of adversely affecting human health or the environment [40 CFR 122.41(d)]. Civil and Criminal Liability Except as provided in permit conditions on 'Bypassing" (Part II.C.4), "Upsets" (Part II.C.5) and 'Power Failures" (Part II.C.7), nothing in this permit shall be construed to relieve the Permittee from any responsibilities, liabilities, or penalties for noncompliance pursuant to NCGS 143-215.3, 143-215.6 or Section 309 of the Federal Act, 33 USC 1319. Furthermore, the Permittee is responsible for consequential damages, such as fish kills, even though the responsibility for effective compliance may be temporarily suspended. 4. Oil and Hazardous Substance Liability Nothing in this permit shall be construed to preclude the institution of any legal action or relieve the Permittee from any responsibilities, liabilities, or penalties to which the Permittee is or may be subject to under NCGS 143- 215.75 et seq. or Section 311 of the Federal Act, 33 USG 1321. Furthermore, the Permittee is responsible for consequential damages, such as fish kills, even though the responsibility for effective compliance may be temporarily suspended. 5. Property Rights The issuance of this permit does not convey any property rights in either real or personal property, or any exclusive privileges, nor does it authorize any injury to private property or any invasion of personal rights, nor any infringement of Federal, State or local laws or regulations [40 CFR 122.41(g)]. 6. Onshore or Offshore Construction This permit does not authorize or approve the construction of any onshore or offshore physical structures or facilities or the undertaking of any work in any navigable waters. Version 1110912011 DES Permit Standard Conditions Page 5 of 18 rability )rovisions of this permit are severable. If any provision of this permit, or the application of any provision of this permit to any circumstances, is held invalid, the application of such provision to other circumstances, and the remainder of this permit, shall not be affected thereby [NCGS 15013-23]. 8. Duty to Provide Information The Permittee shall furnish to the Permit Issuing Authority, within a reasonable time, any information which the Permit Issuing Authority may request to determine whether cause exists for modifying, revoking and reissuing, or terminating this permit or to determine compliance with this permit. The Permittee shall also furnish to the Permit Issuing Authority upon request, copies of records required by this permit [40 CFR 122.41(h)]. 9. Du to Reapply If the Permittee wishes to continue an activity regulated by this permit after the expiration date of this permit, the Permittee must apply for and obtain a new permit [40 CFR 122.41(b)]. 10. Expiration of Permit The Permittee is not authorized to discharge after the expiration date. In order to receive automatic authorization to discharge beyond the expiration date, the Permittee shall submit such information, forms, and fees as are required by the agency authorized to issue permits no later than 180 days prior to the expiration date unless permission for a later date has been granted by the Director. (The Director shall not grant permission for applications to be submitted later than the expiration date of the existing permit.) [40 CFR 122.21(d)] Any Permittee that has not requested renewal at least 180 days prior to expiration, or any Permittee that does not have a permit after the expiration and has not requested renewal at least 180 days prior to expiration, will subject the Permittee to enforcement procedures as provided in NCGS 143-215.6 and 33 USC 1251 et. seq. 11. Signatory Requirements All applications, reports, or information submitted to the Permit Issuing Authority shall be signed and certified [40 CFR 122.41(k)]. a. All permit applications shall be signed as follows: (1) For a corporation: by a responsible corporate officer. For the purpose of this Section, a responsible corporate officer means: (a) a president, secretary, treasurer or vice president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision making functions for the corporation, or (b) the manager of one or more manufacturing, production, or operating facilities, provided, the manager is authorized to make management decisions which govern the operation of the regulated facility including having the explicit or implicit duty of making major capital investment recommendations, and initiating and directing other comprehensive measures to assure long term environmental compliance with environmental laws and regulations; the manager can ensure that the necessary systems are established or actions taken to gather complete and accurate information for permit application requirements; and where authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures . (2) For a partnership or sole proprietorship: by a general partner or the proprietor, respectively; or (3) For a municipality, State, Federal, or other public agency: by either a principal executive officer or ranking elected official [40 CFR 122.221. b. All reports required by the permit and other information requested by the Permit Issuing Authority shall be signed by a person described in paragraph a. above or by a duly authorized representative of that person. A person is a duly authorized representative only if: (1) The authorization is made in writing by a person described above; (2) The authorization specified either an individual or a position having responsibility for the overall operation of the regulated facility or activity, such as the position of plant manager, operator of a well or well field, superintendent, a position of equivalent responsibility, or an individual or position having overall responsibility for environmental matters for the company. (A duly authorized representative may thus be either a named individual or any individual occupying a named position.); and (3) The written authorization is submitted to the Permit Issuing Authority [40 CFR 122.22] Version 1110912011 C. qPDES Permit Standard P Changes to authorization: If an authorization under paragraph (b) of this section is no longer accurat, a different individual or position has responsibility for the overall operation of the facility, a new aut satisfying the requirements of paragraph (b) of this section must be submitted to the Director prior to or together with any reports, information, or applications to be signed by an authorized representative [40 CFR 122.22] d. Certification. Any person signing a document under paragraphs a. or b. of this section shall make the following certification [40 CFR 122.22]. NO OTHER STATEMENTS OF CERTIFICATION WILL BE ACCEPTED: "I cert�, 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 [40 CFR 122.41(f)]. 13. Permit Modification, Revocation and Reissuance, or Termination The issuance of this permit does not prohibit the permit issuing authority from reopening and modifying the permit, revoking and reissuing the permit, or terminating the permit as allowed by the laws, rules, and regulations contained in Title 40, Code of Federal Regulations, Parts 122 and 123; Title 15A of the North Carolina Administrative Code, Subchapter 02H .0100; and North Carolina General Statute 143.215.1 et. al. 14. Annual Administering and Compliance Monitoring Fee Requirements The Permittee must pay the annual administering and compliance monitoring fee within thirty days after being billed by the Division. Failure to pay the fee in a timely manner in accordance with 15A NCAC 02H .0105(b)(2) may cause this Division to initiate action to revoke the permit. Section C. Operation and Maintenance of Pollution Controls 1. Certified Operator Owners of classified water pollution control systems must designate operators, certified by the Water Pollution Control System Operators Certification Commission (WPCSOCC), of the appropriate type and grade for the system, and, for each classification must [T15A NCAC 08G .0201]: a. designate one Operator In Responsible Charge (ORC) who possesses a valid certificate of the type and grade at least equivalent to the type and grade of the system; b. designate one or more Back-up Operator(s) in Responsible Charge (Back-up ORCs) who possesses a valid certificate of the type of the system and no more than one grade less than the grade of the system, with the exception of no backup operator in responsible charge is required for systems whose minimum visitation requirements are twice per year; and c. submit a signed completed "Water Pollution Control System Operator Designation Form" to the Commission (or to the local health department for owners of subsurface systems) countersigned by the designated certified operators, designating the Operator in Responsible Charge (ORC) and the Back-up Operator in Responsible Charge (Back-up ORC): (1) 60 calendar days prior to wastewater or residuals being introduced into a new system; or (2) within 120 calendar days following: ➢ receiving notification of a change in the classification of the system requiring the designation of a new Operator in Responsible Charge (ORC) and Back-up Operator in Responsible Charge (Back-up ORC) of the proper type and grade; or ➢ a vacancy in the position of Operator in Responsible Charge (ORC) or Back-up Operator in Responsible Charge (Back-up ORC). Version 1110912011 DES Permit Standard Conditions Page 7of18 3) within seven calendar days of vacancies in both ORC and Back-up ORC positions replacing or designating at least one of the responsibilities. The ORC of each Class I facility (or the Back-up ORC, when acting as surrogate for the ORC) must: ➢ Visit the facility as often as is necessary to insure proper operation of the treatment system; the treatment facility must be visited at least weekly ➢ Comply with all other conditions of 15A NCAC 08G .0204. The ORC of each Class II, III and IV facility (or the Back-up ORC, when acting as surrogate for the ORC) must: ➢ Visit the facility as often as is necessary to insure proper operation of the treatment system; the treatment facility must be visited at least five days per week, excluding holidays ➢ Properly manage and document daily operation and maintenance of the facility ➢ Comply with all other conditions of 15A NCAC 08G .0204. 2. Proper Operation and Maintenance The Permittee shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) which are installed or used by the Permittee to achieve compliance with the conditions of this permit. Proper operation and maintenance also includes adequate laboratory controls and appropriate quality assurance procedures. This provision requires the Permittee to install and operate backup or auxiliary facilities only when necessary to achieve compliance with the conditions of the permit [40 CFR 122.41(e)]. NOTE: Properly and officially designated operators are fully responsible for all proper operation and maintenance of the facility, and all documentation required thereof, whether acting as a contract operator [subcontractor] or a member of the Permittee's staff. 3. Need to Halt or Reduce not a Defense It shall not be a defense for a Permittee in an enforcement action that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the condition of this permit [40 CFR 122.41(c)]. 4. Bypassing of Treatment Facilities a. Bypass not exceeding limitations [40 CFR 122.41(m)(2)] The Permittee may allow any bypass to occur which does not cause effluent limitations to be exceeded, but only if it also is for essential maintenance to assure efficient operation. These bypasses are not subject to the provisions of Paragraphs b. and c. of this section. b. Notice [40 CFR 122.41(m)(3)] (1) Anticipated bypass. If the Permittee knows in advance of the need for a bypass, it shall submit prior notice, if possible at least ten days before the date of the bypass; including an evaluation of the anticipated quality and effect of the bypass. (2) Unanticipated bypass. The Permittee shall submit notice of an unanticipated bypass as required in Part II.E.6. (24-hour notice). c. Prohibition of Bypass (1) Bypass from the treatment facility is prohibited and the Permit Issuing Authority may take enforcement action against a Permittee for bypass, unless: (A) Bypass was unavoidable to prevent loss of life, personal injury or severe property damage; (B) There were no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities, retention of untreated wastes or maintenance during normal periods of equipment downtime. This condition is not satisfied if adequate backup equipment should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventive maintenance; and (C) The Permittee submitted notices as required under Paragraph b. of this section. (2) Bypass from the collection system is prohibited and the Permit Issuing Authority may take enforcement action against a Permittee for a bypass as provided in any current or future system -wide collection system permit associated with the treatment facility. Version 1110912011 VPDES Permit Standard P; (3) The Permit Issuing Authority may approve an anticipated bypass, after considering its adverse e the Permit Issuing Authority determines that it will meet the three conditions listed above in Par (1) of this section. Upsets a. Effect of an upset [40 CFR 122.41(n)(2)1: An upset constitutes an affirmative defense to an action brought for noncompliance with such technology based permit effluent limitations if the requirements of paragraph b. of this condition are met. No determination made during administrative review of claims that noncompliance was caused by upset, and before an action for noncompliance, is final administrative action subject to judicial review. b. Conditions necessary for a demonstration of upset: Any Permittee who wishes to establish the affirmative defense of upset shall demonstrate, through properly signed, contemporaneous operating logs, or other relevant evidence that: (1) An upset occurred and that the Permittee can identify the cause(s) of the upset; (2) The Permittee facility was at the time being properly operated; and (3) The Permittee submitted notice of the upset as required in Part II.E.6.(b) of this permit. (4) The Permittee complied with any remedial measures required under Part II.B.2. of this permit. c. Burden of proof [40 CFR 122.41(n)(4)]: The Permittee seeking to establish the occurrence of an upset has the burden of proof in any enforcement proceeding. Removed Substances Solids, sludges, filter backwash, or other pollutants removed in the course of treatment or control of wastewaters shall be utilized/disposed of in accordance with NCGS 143-215.1 and in a manner such as to prevent any pollutant from such materials from entering waters of the State or navigable waters of the United States except as permitted by the Commission. The Permittee shall comply with all applicable state and Federal regulations governing the disposal of sewage sludge, including 40 CFR 503, Standards for the Use and Disposal of Sewage Sludge; 40 CFR Part 258, Criteria For Municipal Solid Waste Landfills; and 15A NCAC Subchapter 2T, Waste Not Discharged To Surface Waters. The Permittee shall notify the Permit Issuing Authority of any significant change in its sludge use or disposal practices. 7. Power Failures The Permittee is responsible for maintaining adequate safeguards (as required by 15A NCAC 02H .0124) to prevent the discharge of untreated or inadequately treated wastes during electrical power failures either by means of alternate power sources, standby generators or retention of inadequately treated effluent. Section D. Monitoring and Records 1. Representative Sampling Samples collected and measurements taken, as required herein, shall be representative of the permitted discharge. Samples collected at a frequency less than daily shall be taken on a day and time that is representative of the discharge for the period the sample represents. All samples shall be taken at the monitoring points specified in this permit and, unless otherwise specified, before the effluent joins or is diluted by any other wastestream, body of water, or substance. Monitoring points shall not be changed without notification to and the approval of the Permit Issuing Authority [40 CFR 122.410)]. 2. Reporting Monitoring results obtained during the previous month(s) shall be summarized for each month and reported on a monthly Discharge Monitoring Report (DMR) Form (MR 1, 1. 1, 2, 3) or alternative forms approved by the Director, postmarked no later than the last calendar day of the month following the completed reporting period. The first DMR is due on the last day of the month following the issuance of the permit or in the case of a new facility, on the last day of the month following the commencement of discharge. Duplicate signed copies of these, and all other reports required herein, shall be submitted to the following address: Version 1110912011 DES Permit Standard Conditions Page 9 of 18 NC DENR / Division of Water Quality / Surface Water Protection Section ATTENTION: Central Files 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Flow Measurements Appropriate flow measurement devices and methods consistent with accepted scientific practices shall be selected and used to ensure the accuracy and reliability of measurements of the volume of monitored discharges. The devices shall be installed, calibrated and maintained to ensure that the accuracy of the measurements is consistent with the accepted capability of that type of device. Devices selected shall be capable of measuring flows with a maximum deviation of less than 10% from the true discharge rates throughout the range of expected discharge volumes. Flow measurement devices shall be accurately calibrated at a minimum of once per year and maintained to ensure that the accuracy of the measurements is consistent with the accepted capability of that type of device. The Director shall approve the flow measurement device and monitoring location prior to installation. Once -through condenser cooling water flow monitored by pump logs, or pump hour meters as specified in Part I of this permit and based on the manufacturer's pump curves shall not be subject to this requirement. 4. Test Procedures Laboratories used for sample analysis must be certified by the Division. Permittees should contact the Division's Laboratory Certification Section (919 733-3908 or http://portal.nedenr.org/web/wq/lab/cert) for information regarding laboratory certifications. Facilities whose personnel are conducting testing of field -certified parameters only must hold the appropriate field parameter laboratory certifications. Test procedures for the analysis of pollutants shall conform to the EMC regulations (published pursuant to NCGS 143-215.63 et. seq.), the Water and Air Quality Reporting Acts, and to regulations published pursuant to Section 304(g), 33 USC 1314, of the CWA (as amended), and 40 CFR 136; or in the case of sludge use or disposal, approved under 40 CFR 136, unless otherwise specified in 40 CFR 503, unless other test procedures have been specified in this permit [40 CFR 122.411. To meet the intent of the monitoring required by this permit, all test procedures must produce minimum detection and reporting levels that are below the permit discharge requirements and all data generated must be reported down to the minimum detection or lower reporting level of the procedure. If no approved methods'are determined capable of achieving minimum detection and reporting levels below permit discharge requirements, then the most sensitive (method with the lowest possible detection and reporting level) approved method must be used. Penalties for Tampering The CWA provides that any person who falsifies, tampers with, or knowingly renders inaccurate, any monitoring device or method required to be maintained under this permit shall, upon conviction, be punished by a fine of not more than $10,000 per violation, or by imprisonment for not more than two years per violation, or by both. If a conviction of a person is for a violation committed after a first conviction of such person under this paragraph, punishment is a fine of not more than $20,000 per day of violation, or by imprisonment of not more than 4 years, or both [40 CFR 122.411. 6. Records Retention Except for records of monitoring information required by this permit related to the Permittee's sewage sludge use and disposal activities, which shall be retained for a period of at least five years (or longer as required by 40 CFR 503), the Permittee shall retain records of all monitoring information, including: ➢ all calibration and maintenance records ➢ all original strip chart recordings for continuous monitoring instrumentation ➢ copies of all reports required by this permit ➢ copies of all data used to complete the application for this permit These records or copies shall be maintained for a period of at least 3 years from the date of the sample, measurement, report or application. This period may be extended by request of the Director at any time [40 CFR 122.41]. Version 1110912011 VPDES Permit Standard Pa; Recording Results For each measurement or sample taken pursuant to the requirements of this permit, the Permittee shall re following information [40 CFR 122.41]: a. The date, exact place, and time of sampling or measurements; b. The individual(s) who performed the sampling or measurements; c. The date(s) analyses were performed; d. The individual(s) who performed the analyses; e.. The analytical techniques or methods used; and f. The results of such analyses. 8. Inspection and Entry The Permittee shall allow the Director, or an authorized representative (including an authorized contractor acting as a representative of the Director), upon the presentation of credentials and other documents as may be required by law, to; a. Enter, at reasonable times, upon the Permittee's premises where a regulated facility or activity is located or conducted, or where records must be kept under the conditions of this permit; b. Have access to and copy, at reasonable times, any records that must be kept under the conditions of this permit; c. Inspect at reasonable times any facilities, equipment (including monitoring and control equipment), practices, or operations regulated or required under this permit; and d. Sample or monitor at reasonable times, for the purposes of assuring permit compliance or as otherwise authorized by the CWA, any substances or parameters at any location [40 CFR 122.41(i)]. Section E Reporting Requirements 1. Change in Discharge All discharges authorized herein shall be consistent with the terms and conditions of this permit. The discharge of any pollutant identified in this permit more frequently than or at a level in excess of that authorized shall constitute a violation of the permit. 2. Planned Changes The Permittee shall give notice to the Director as soon as possible of any planned physical alterations or additions to the permitted facility [40 CFR 122.41(1)]. Notice is required only when: a. The alteration or addition to a permitted facility may meet one of the criteria for new sources at 40 CFR 122.29(b); or b. The alteration or addition could significantly change the nature or increase the quantity of pollutants discharged. This notification applies to pollutants subject neither to effluent limitations in the permit, nor to notification requirements under 40 CFR 122.42(a)(1); or c. The alteration or addition results in a significant change in the Permittee's sludge use or disposal practices, and such alteration, addition or change may justify the application of permit conditions that are different from or absent in the existing permit, including notification of additional use or disposal sites not reported during the permit application process or not reported pursuant to an approved land application plan. 3. Anticipated Noncompliance The Permittee shall give advance notice to the Director of any planned changes to the permitted facility or other activities that might result in noncompliance with the permit [40 CFR 122.41(1)(2)]. 4. Transfers This permit is not transferable to any person without prior written notice to and approval from the Director in accordance with 40 CFR 122.61. The Director may condition approval in accordance with NCGS 143-215.1, in particular NCGS 143-215. 1 (b)(4)b.2., and may require modification or revocation and reissuance of the permit, or a minor modification, to identify the new permittee and incorporate such other requirements as may be necessary under the CWA [40 CFR 122.41(1)(3), 122.61] or state statute. Version 1110912011 DES Permit Standard Conditions Page 11 of 18 itoring Reports itoring results shall be reported at the intervals specified elsewhere in this permit [40 CFR 122.41(1)(4)]. a. Monitoring results must be reported on a Discharge Monitoring Report (DMR) (See Part II.D.2) or forms provided by the Director for reporting results of monitoring of sludge use or disposal practices. b. If the Permittee monitors any pollutant more frequently than required by this permit using test procedures approved under 40 CFR Part 136 and at a sampling location specified in this permit or other appropriate instrument governing the discharge, the results of such monitoring shall be included in the calculation and reporting of the data submitted on the DMR. 6. Twenty-four Hour Reporting a. The Permittee shall report to the Director or the appropriate Regional Office any noncompliance that potentially threatens public health or the environment. Any information shall be provided orally within 24 hours from the time the Permittee became aware of the circumstances. A written submission shall also be provided within 5 days of the time the Permittee becomes aware of the circumstances. The written submission shall contain a description of the noncompliance, and its cause; the period of noncompliance, including exact dates and times, and if the noncompliance has not been corrected, the anticipated time it is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance [40 CFR 122.41(1)(6)]. b. The Director may waive the written report on a case -by -case basis for reports under this section if the oral report has been received within 24 hours. c. Occurrences outside normal business hours may also be reported to the Division's Emergency Response personnel at (800) 662-7956, (800) 858-0368 or (919) 733-3300. 7. Other Noncompliance The Permittee shall report all instances of noncompliance not reported under Part II.E.5 and 6. of this permit at the time monitoring reports are submitted. The reports shall contain the information listed in Part II.E.6. of this permit [40 CFR 122.41(1)(7)]. 8. Other Information Where the Permittee becomes aware that it failed to submit any relevant facts in a permit application, or submitted incorrect information in a permit application or in any report to the Director, it shall promptly submit such facts or information [40 CFR 122.41(1)(8)]. 9. Noncompliance Notification The Permittee shall report by telephone to either the central office or the appropriate regional office of the Division as soon as possible, but in no case more than 24 hours or on the next working day following the occurrence or first knowledge of the occurrence of any of the following: a. Any occurrence at the water pollution control facility which results in the discharge of significant amounts of wastes which are abnormal in quantity or characteristic, such as the dumping of the contents of a sludge digester; the known passage of a slug of hazardous substance through the facility; or any other unusual circumstances. b. Any process unit failure, due to known or unknown reasons, that render the facility incapable of adequate wastewater treatment such as mechanical or electrical failures of pumps, aerators, compressors, etc. c. Any failure of a pumping station, sewer line, or treatment facility resulting in a by-pass without treatment of all or any portion of the influent to such station or facility. Persons reporting such occurrences by telephone shall also file a written report within 5 days following first knowledge of the occurrence. Also see reporting requirements for municipalities in Part IV.C.2.c. of this permit. 10. Availability of Reports Except for data determined to be confidential under NCGS 143-215.3 (a)(2) or Section 308 of the Federal Act, 33 USC 1318, all reports prepared in accordance with the terms shall be available for public inspection at the offices of the Division. As required by the Act, effluent data shall not be considered confidential. Knowingly making any false statement on any such report may result in the imposition of criminal penalties as provided for in NCGS 143- 215. 1 (b)(2) or in Section 309 of the Federal Act. Version 1110912011 11 vPDES Permit Standard Pa; Penalties for Falsification of Reports The CWA provides that any person who knowingly makes any false statement, representation, or certific any record or other document submitted or required to be maintained under this permit, including monitoring reports or reports of compliance or noncompliance shall, upon conviction, be punished by a fine of not more than $25,000 per violation, or by imprisonment for not more than two years per violation, or by both [40 CFR 122.41]. 12. Annual Performance Reports Permittees who own or operate facilities that collect or treat municipal or domestic waste shall provide an annual report to the Permit Issuing Authority and to the users/customers served by the Permittee (NCGS 143-215.1C). The report shall summarize the performance of the collection or treatment system, as well as the extent to which the facility was compliant with applicable Federal or State laws, regulations and rules pertaining to water quality. The report shall be provided no later than sixty days after the end of the calendar or fiscal year, depending upon which annual period is used for evaluation. The report shall be sent to: NC DENR / Division of Water Quality / Surface Water Protection Section ATTENTION: Central Files 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Version 1110912011 DES Permit Standard Conditions Page 13 of 18 PART III OTHER REQUIREMENTS Section A. Construction a. The Permittee shall not commence construction of wastewater treatment facilities, nor add to the plant's treatment capacity, nor change the treatment process(es) utilized at the treatment plant unless (1) the Division has issued an Authorization to Construct (AtC) permit or (2) the Permittee is exempted from such AtC permit requirements under Item b. of this Section. b. In accordance with NCGS 143-215.1(a5) [SL 2011-394], no permit shall be required to enter into a contract for the construction, installation, or alteration of any treatment work or disposal system or to construct, install, or alter any treatment works or disposal system within the State when the system's or work's principle function is to conduct, treat, equalize, neutralize, stabilize, recycle, or dispose of industrial waste or sewage from an industrial facility and the discharge of the industrial waste or sewage is authorized under a permit issued for the discharge of the industrial waste or sewage into the waters of the State. Notwithstanding the above, the permit issued for the discharge may be modified if required by federal regulation. c. Issuance of an AtC will not occur until Final Plans and Specifications for the proposed construction have been submitted by the Permittee and approved by the Division. Section B. Groundwater Monitoring The Permittee shall, upon written notice from the Director, conduct groundwater monitoring as may be required to determine the compliance of this NPDES permitted facility with the current groundwater standards. Section C. Changes in Discharges of Toxic Substances The Permittee shall notify the Permit Issuing Authority as soon as it knows or has reason to believe (40 CFR 122.42): a. That any activity has occurred or will occur which would result in the discharge, on a routine or frequent basis, of any toxic pollutant which is not limited in the permit, if that discharge will exceed the highest of the following "notification levels"; (1) One hundred micrograms per liter (100 µg/L); (2) Two hundred micrograms per liter (200 µg/L) for acrolein and acrylonitrile; five hundred micrograms per liter (500 µg/L) for 2,4-dinitrophenol and for 2-methyl-4,6-dinitrophenol; and one milligram per liter (1 mg/L) for antimony; (3) Five times the maximum concentration value reported for that pollutant in the permit application. b. That any activity has occurred or will occur which would result in any discharge, on a non -routine or infrequent basis, of a toxic pollutant which is not limited in the permit, if that discharge will exceed the highest of the following "notification levels"; (1) Five hundred micrograms per liter (500 µg/L); (2) One milligram per liter (1 mg/L) for antimony; (3) Ten times the maximum concentration value reported for that pollutant in the permit application. Section D. Facility Closure Requirements The Permittee must notify the Division at least 90 days prior to the closure of any wastewater treatment system covered by this permit. The Division may require specific measures during deactivation of the system to prevent adverse impacts to waters of the State. This permit cannot be rescinded while any activities requiring this permit continue at the permitted facility. Version 1110912011 JPDES Permit Standard Pal PART IV SPECIAL CONDITIONS FOR MUNICIPAL FACILITIES Section A. Definitions In addition to the definitions in Part II of this permit, the following definitions apply to municipal facilities: Indirect Discharge or Industrial User Any non -domestic source that discharges wastewater containing pollutants into a POTW regulated under section 307(b), (c) or (d) of the CWA. [40 CFR 403.3 (i) and 0) and 15A NCAC 02H .0903(b)(11)] Interference Inhibition or disruption of the POTW treatment processes; operations; or its sludge process, use, or disposal which causes or contributes to a violation of any requirement of the Permittee's (or any satellite POTW's if different from the Permittee) NPDES, collection system, or non -discharge permit or prevents sewage sludge use or disposal in compliance with specified applicable State and Federal statutes, regulations, or permits. [15A NCAC 02H .0903(b)(14)] Pass Through A discharge which exits the POTW into waters of the State in quantities or concentrations which, alone or with discharges from other sources, causes a violation, including an increase in the magnitude or duration of a violation, of the Permittee's (or any satellite POTW's, if different from the Permittee) NPDES, collection system, or non -discharge permit. [15A NCAC 02H .0903(b)(23)] Publicly Owned Treatment Works (POTW) A treatment works as defined by Section 212 of the CWA, which is owned by a State or local government organization. This definition includes any devices and systems used in the storage, treatment, recycling and reclamation of municipal sewage or industrial wastes of a liquid nature. It also includes the collection system, as defined in 15A NCAC 2T .0402, only if it conveys wastewater to a POTW treatment plant. The term also means the local government organization, or municipality, as defined in section 502(4) of the CWA, which has jurisdiction over indirect discharges to and the discharges from such a treatment works. In this context, the organization may be the owner of the POTW treatment plant or the owner of the collection system into which an indirect discharger discharges. This second type of POTW maybe referred to as a "satellite POTW organization." [15A NCAC 02H .0903(b)(26)] "Significant Industrial User" or "SIU" An Industrial User that discharges wastewater into a publicly owned treatment works and that [15A NCAC 02H .0903(b)(33)1: I . Discharges an average of 25,000 gallons per day or more of process wastewater to the POTW (excluding sanitary, noncontact cooling and boiler blowdown wastewaters); or 2. Contributes process wastewater which makes up five percent or more of the NPDES or non -discharge permitted flow limit or organic capacity of the POTW treatment plant. In this context, organic capacity refers to BOD, TSS and ammonia; or 3. Is subject to categorical standards under 40 CFR Part 403.6 and 40 CFR Parts 405-471; or 4. Is designated as such by the Permittee on the basis that the Industrial User has a reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirement, or the POTW's effluent limitations and conditions in its NPDES or non -discharge permit, or to limit the POTW's sludge disposal options; 5. Subject to approval under 15A NCAC 02H .0907(b), the Permittee may determine that an Industrial User meeting the criteria in paragraphs I or 2 of this definition above has no reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirement, the POTW's effluent limitations and conditions in its NPDES or non -discharge permit, or to limit the POTW's sludge disposal options, and thus is not a Significant Industrial User (SIU); or 6. Subject to approval under 15A NCAC 02H .0907(b), the Permittee may determine that an Industrial User meeting the criteria in paragraph 3 of this definition above meets the requirements of 40 CFR Part 403.3(v)(2) and thus is a non -significant categorical Industrial User. Section B. Publicly Owned Treatment Works (POTWs) Version 1110912011 2. DES Permit Standard Conditions Page 15 of 18 Ws must provide adequate notice to the Director of the following [40 CFR 122.42(b)]: _ __, new introduction of pollutants into the POTW from an indirect discharger, regardless of the means of transport, which would be subject to section 301 or 306 of CWA if it were directly discharging those pollutants; and Any substantial change in the volume or character of pollutants being introduced by an indirect discharger as influent to that POTW at the time of issuance of the permit. For purposes of this paragraph, adequate notice shall include information on (1) the quality and quantity of effluent introduced into the POTW, and (2) any anticipated impact that may result from the change of the quantity or quality of effluent to be discharged from the POTW. Section C. Municipal Control of Pollutants from Industrial Users. 1. Effluent limitations are listed in Part I of this permit. Other pollutants attributable to inputs from Industrial Users discharging to the POTW may be present in the Permittee's discharge. At such time as sufficient information becomes available to establish limitations for such pollutants, this permit may be revised to specify effluent limitations for any or all of such other pollutants in accordance with best practicable technology or water quality standards. 2. Prohibited Discharges a. The Permittee shall develop and enforce their Pretreatment Program to implement the prohibition against the introduction of pollutants or discharges into the waste treatment system or waste collection system which cause or contribute to Pass Through or Interference as defined in 15A NCAC 02H .0900 and 40 CFR 403. [40 CFR 403.5(a)(1)] b. The Permittee shall develop and enforce their Pretreatment Program to implement the prohibitions against the introduction of the following wastes in the waste treatment or waste collection system [40 CFR 403.5(b)]: (1) Pollutants which create a fire or explosion hazard in the POTW, including, but not limited to, wastestreams with a closed cup flashpoint of less than 140 degrees Fahrenheit or 60 degrees Centigrade using the test methods specified in 40 CFR 261.21; (2) Pollutants which cause corrosive structural damage to the POTW, but in no case discharges with pH lower than 5.0, unless the works is specifically designed to accommodate such discharges; (3) Solid or viscous pollutants in amounts which cause obstruction to the flow in the POTW resulting in Interference; (4) Any pollutant, including oxygen demanding pollutants (BOD, etc.) released in a Discharge at a flow rate and/or pollutant concentration which will cause Interference with the POTW; (5) Heat in amounts which will inhibit biological activity in the POTW resulting in Interference, but in no case heat in such quantities that the temperature at the POTW Treatment Plant exceeds 40°C (104°F) unless the Division, upon request of the POTW, approves alternate temperature limits; (6) Petroleum oil, non -biodegradable cutting oil, or products of mineral oil origin in amounts that will cause Interference or Pass Through; (7) Pollutants which result in the presence of toxic gases, vapors, or fumes within the POTW in a quantity that may cause acute worker health and safety problems; or (8) Any trucked or hauled pollutants, except at discharge points designated by the POTW. c. The Permittee shall investigate the source of all discharges into the POTW, including slug loads and other unusual discharges, which have the potential to adversely impact the Permittee's Pretreatment Program and/or the operation of the POTW. The Permittee shall report such discharges into the POTW to the Director or the appropriate Regional Office. Any information shall be provided orally within 24 hours from the time the Permittee became aware of the circumstances. A written submission shall also be provided within 5 days of the time the Permittee becomes aware of the circumstances. The written submission shall contain a description of the discharge; the investigation into possible sources; the period of the discharge, including exact dates and times; if the discharge has not ceased, the anticipated time it is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance, Version 1110912011 Q ,TPDES Permit Standard Pal With regard to the effluent requirements listed in Part I of this permit, it may be necessary for the Permits supplement the requirements of the Federal Pretreatment Standards (40 CFR, Part 403) to ensure compli, the Permittee with all applicable effluent limitations. Such actions by the Permittee may be necessary regarding some or all of the industries discharging to the municipal system. The Permittee shall require any Industrial User (IU) discharging to the POTW to meet Federal Pretreatment Standards developed under Section 307(b) of the Act as amended (which includes categorical standards and specific local limits, best management practices and narrative requirements). Prior to accepting wastewater from any Significant Industrial User (SIU), the Permittee shall either develop and submit to the Division a new Pretreatment Program or, as necessary, a modification of an existing Pretreatment Program, for approval as required under section D below as well as 15A NCAC 02H .0907(a) and (b). [40 CFR 122.440)(2)] This permit shall be modified, or alternatively, revoked and reissued, to incorporate or modify an approved POTW Pretreatment Program or to include a compliance schedule for the development of a POTW Pretreatment Program as required under Section 402 (b)(8) of the CWA and implementing regulations or by the requirements of the approved State pretreatment program, as appropriate. Section D. Pretreatment Programs Under authority of sections 307 (b) and (c) and 402(b)(8) of the CWA and implementing regulations 40 CFR 403, North Carolina General Statute 143-215.3(14) and implementing regulations 15A NCAC 02H .0900, and in accordance with the approved pretreatment program, all provisions and regulations contained and referenced in the pretreatment program submittal are an enforceable part of this permit. [40 CFR 122.440)(2)] The Permittee shall operate its approved pretreatment program in accordance with Section 402(b)(8) of the CWA, 40 CFR 403, 15A NCAC 02H .0900, and the legal authorities, policies, procedures, and financial provisions contained in its pretreatment program submission and Division approved modifications thereof. Such operation shall include but is not limited to the implementation of the following conditions and requirements. Terms not defined in Part II or Part IV of this permit are as defined in 15A NCAC 02H .0903 and 40 CFR 403.3. 1. Sewer Use Ordinance (SUO) The Permittee shall maintain adequate legal authority to implement its approved pretreatment program. [15A NCAC 02H .0903(b)(32), .0905 and .0906(b)(1); 40 CFR 403.8(f)(1) and 403.9(b)(1) and (2)] 2. Industrial Waste Survey (IWS) The Permittee shall implement an IWS consisting of the survey of users of the POTW collection system or treatment plant, as required by 40 CFR 403.8(f)(2)(i-iii) and 15A NCAC 02H .0905 [also 40 CFR 122.440)(1)], including identification of all Industrial Users that may have an impact on the POTW and the character and amount of pollutants contributed to the POTW by these Industrial Users and identification of those Industrial Users meeting the definition of SIU. Where the Permittee accepts wastewater from one or more satellite POTWs, the IWS for the Permittee shall address all satellite POTW services areas, unless the pretreatment program in those satellite service areas is administered by a separate Permittee with an approved Pretreatment Program. The Permittee shall submit a summary of its IWS activities to the Division at least once every five years, and as required by the Division. The IWS submission shall include a summary of any investigations conducted under paragraph C.2.c. of this Part. [15A NCAC 02H .0903(b)(1 3),.0905 and .0906(b)(2); 40 CFR 403.8(f)(2) and 403.9] 3. Monitoring Plan The Permittee shall implement a Division -approved Monitoring Plan for the collection of facility specific data to be used in a wastewater treatment plant Headworks Analysis (HWA) for the development of specific pretreatment local limits. Effluent data from the Plan shall be reported on the DMRs (as required by Parts II.D and II.E.5.). [15A NCAC 02H .0903(b)(16), .0906(b)(3) and .0905] 4. Headworks Analysis (HWA) and Local Limits The Permittee shall obtain Division approval of a HWA at least once every five years, and as required by the Division. Within 180 days of the effective date of this permit (or any subsequent permit modification) the Permittee shall submit to the Division a written technical evaluation of the need to revise local limits (i.e., an updated HWA or documentation of why one is not needed) [40 CFR 122.44]. The Permittee shall develop, in accordance with 40 CFR 403.5(c) and 15A NCAC 02H .0909, specific Local Limits to implement the prohibitions listed in 40 CFR 403.5(a) and (b) and 15A NCAC 02H .0909. Pursuant to 40 CFR 403.5, local limits are Version 1110912011 DES Permit Standard Conditions Page 17 of 18 •ceable Pretreatment Standards as defined by 40 CFR 403.3(1). [15A NCAC 02H .0903(b)(10), .0905, and i(b)(4)] Industrial User Pretreatment Permits (IUP) & Allocation Tables In accordance with NCGS 143-215.1, the Permittee shall issue to all Significant Industrial Users, permits for operation of pretreatment equipment and discharge to the Permittee's collection system or treatment works. These permits shall contain limitations, sampling protocols, reporting requirements, appropriate standard and special conditions, and compliance schedules as necessary for the installation of treatment and control technologies to assure that their wastewater discharge will meet all applicable pretreatment standards and requirements. The Permittee shall maintain a current Allocation Table (AT) which summarizes the results of the HWA and the limits from all IUPs. Permitted IUP loadings for each parameter cannot exceed the treatment capacity of the POTW as determined by the HWA. [15A NCAC 02H .0906(b)(6), .0909, .0916, and .0917; 40 CFR 403.5, 403.8(f)(1)(iii); NCGS 143-215.67(a)] 6. Authorization to Construct (AtQ The Permittee shall ensure that an Authorization to Construct permit (AtC) is issued to all applicable Industrial Users for the construction or modification of any pretreatment facility. Prior to the issuance of an AtC, the proposed pretreatment facility and treatment process must be evaluated for its capacity to comply with all Industrial User Pretreatment Permit (IUP) limitations. [15A NCAC 02H .0906(b)(7) and .0905; NCGS 143- 215. 1 (a)(8)] 7. POTW Inspection & Monitoring of their IUs The Permittee shall conduct inspection, surveillance, and monitoring activities as described in its Division approved pretreatment program in order to determine, independent of information supplied by Industrial Users, compliance with applicable pretreatment standards. [15A NCAC 02H .0908(e); 40 CFR 403.8(f)(2)(v)] The Permittee must: a. Inspect all Significant Industrial Users (SIUs) at least once per calendar year; b. Sample all Significant Industrial Users (SIUs) at least once per calendar year for all SIU permit -limited parameters including flow except as allowed under 15A NCAC .0908(e); and c. At least once per year, document an evaluation of any non -significant categorical Industrial User for compliance with the requirements in 40 CFR 403.3(v)(2), and either continue or revoke the designation as non- significant. 8. IU Self Monitoring and Reporting The Permittee shall require all Industrial Users to comply with the applicable monitoring and reporting requirements outlined in the Division -approved pretreatment program, the industry's pretreatment permit, or in 15A NCAC 02H .0908. [15A NCAC 02H .0906(b)(5) and .0905; 40 CFR 403.8(f)(1)(v) and (2)(iii); 40 CFR 122.440)(2) and 40 CFR 403.12] Enforcement Response Plan (ERP) The Permittee shall enforce and obtain appropriate remedies for violations of all pretreatment standards promulgated pursuant to section 307(b) and (c) of the CWA (40 CFR 405 et. seq.), prohibitive discharge standards as set forth in 40 CFR 403.5 and 15A NCAC 02H .0909, specific local limitations, and other pretreatment requirements. All remedies, enforcement actions and other, shall be consistent with the Enforcement Response Plan (ERP) approved by the Division. [15A NCAC 02H .0903(b)(7), .0906(b)(8) and .0905; 40 CFR 403.8(f)(5)] 10. Pretreatment Annual Reports (PAR) The Permittee shall report to the Division in accordance with 15A NCAC 02H .0908. In lieu of submitting annual reports, Modified Pretreatment Programs developed under 15A NCAC 02H .0904 (b) may be required to submit a partial annual report or to meet with Division personnel periodically to discuss enforcement of pretreatment requirements and other pretreatment implementation issues. For all other active pretreatment programs, the Permittee shall submit two copies of a Pretreatment Annual Report (PAR) describing its pretreatment activities over the previous calendar year to the Division at the following address: Version 1110912011 VPDES Permit Standard Pa NC DENR / Division of Water Quality / Surface Water Protection Section Pretreatment, Emergency Response, and Collection Systems (PERCS) Unit 1617 Mail Service Center Raleigh, North Carolina 27699-1617 These reports shall be submitted by March 1 of each year and shall contain the following: a. Narrative A narrative summary detailing actions taken, or proposed, by the Permittee to correct significant non- compliance and to ensure compliance with pretreatment requirements; b. Pretreatment Program Summary (PPS) A pretreatment program summary (PPS) on forms or in a format provided by the Division; c. Significant Non -Compliance Report (SNCR) A list of Industrial Users (IUs) in significant noncompliance (SNC) with pretreatment requirements, and the nature of the violations on forms or in a format provided by the Division; d. Industrial Data Summary Forms (IDSF) Monitoring data from samples collected by both the POTW and the Significant Industrial Users (SIUs). These analytical results must be reported on Industrial Data Summary Forms (IDSF) or on other forms or in a format provided by the Division; e. Other Information Copies of the POTW's allocation table, new or modified enforcement compliance schedules, public notice of IUs in SNC, a summary of data or other information related to significant noncompliance determinations for IUs that are not considered SIUs, and any other information, upon request, which in the opinion of the Director is needed to determine compliance with the pretreatment implementation requirements of this permit; I t . Public Notice The Permittee shall publish annually a list of Industrial Users (IUs) that were in significant noncompliance (SNC) as defined in the Permittee's Division -approved Sewer Use Ordinance with applicable pretreatment requirements and standards during the previous twelve month period. This list shall be published within four months of the applicable twelve-month period. [15A NCAC 02H .0903(b)(34), .0908(b)(5) and .0905 and 40 CFR 403.8(f)(2)(viii)] 12. Record Keeping The Permittee shall retain for a minimum of three years records of monitoring activities and results, along with support information including general records, water quality records, and records of industrial impact on the POTW and shall retain all other Pretreatment Program records as required by 15A NCAC 02H .0908(f). [15A NCAC 02H .0908(f); 40 CFR 403.12(o)] 13. Pretreatment Program Resources The Permittee shall maintain adequate funding and qualified personnel to accomplish the objectives of its approved pretreatment program. and retain a written description of those current levels of inspection. [15A NCAC 02H .0906(b)(9) and (10) and .0905; 40 CFR 403.8(f)(3), 403.9(b)(3)] 14. Modification to Pretreatment Programs Modifications to the approved pretreatment program including but not limited to local limits modifications, POTW monitoring of their Significant Industrial Users (SIUs), and Monitoring Plan modifications, shall be considered a permit modification and shall be governed by 40 CFR 403.18, 15 NCAC 02H .0114 and 15A NCAC 02H .0907. Version 1110912011 Facility information NPDES permit M Facility name: WWTP class: NC0065889 Indian Creek Resort, LLC Indian Creek Resort WWTP 11 Transylvania County (aka: Catatoga) WWTP type: 0.025 MGD metal Aer-O-Flo extended aeration package plant consisting of: manual bar screen; aeration basin, with dual blowers providing diffused air; aerobic digestor; rectangular clarifier & Trojan UV series 3000 PTP disinfection system with 5 banks of lamps (2 bulbs per bank), rated for 0.35 MGD / 243 gpm. Expansion: The EAA for expansion to 140,000 gpd was approved on 1-6-06. The two-phase expansion permitted flows were approved in 2009 for an increase to 70,000 gpd and 140,000 gpd. The current permit has 3 limits pages: 25,000 gpd, 70,000 gpd and 140,000 gpd. A to C: Issued on 9-30-2010 for modifications to the existing 25,000 gpd WWTP and expansion to 70,000 gpd consisting of: new manual bar screen; flow splitter box; dual 20,000 gallon concrete flow equalization basins with one 160 scfm blower and one 156 gpm pump; dual 70,000 gallon concrete aeration basins with three 430 scfm blowers; four 8 ft x 8 ft clarifiers with a 12 ft sidewall depth with dual airlift RAS pumps and dual airlift WAS pumps; dual 20,000 gallon aerobic digestors; effluent flow measurement weir; ultrasonic flow meter; and a single channel dual bank UV disinfection unit with a peak flow rate of 195 gpm. Issued on 3-17-2003 for installation of new chlorine and dechlorintation chambers with a (4 ft wide x 4 ft height x 10 ft 3 in long) prefabricated concrete vault with steel baffles and v-notch weir and relocation of the existing tablet chlorinator and tablet dechlorinator. Annual average flow: 0.00083 MGD (3 year average: 2004-2007) Collection System: Consists of 8-inch diameter gravity sewer with precast manholes and 1 pump station with dual pumps and high water alarms, which are inspected daily. Development: Consists of a retirement community with — 15 residential homes serving a population of — 25 residents, maintenance shop, clubhouse / office with swimming pool and tennis courts. There are future plans to expand the development to 400 homes / residential units. Sludge Management: Commercial hauler (Ken McCall of Goldie and Associates) to the Cities of Hendersonville and Brevard's UWVTPs. Excess MLSS are pumped once per year. VWVTP location: US Hwy 64, west of Rosman, at Lake Toxaway on Indian Creek Drive. Responsible officials: Mr. Hugh Powell, Executive Vice -President Contact: Mr. Brook Cole, Manager 3575 Piedmont Road NE Building 15, Suite L-120 Atlanta, GA 30305 No longer there: Paul Demick, Chief Financial Officer No longer valid address: Vanguard Properties; 3340 Peachtree Road NE; Suite 2200; Atlanta, GA 30326 On -site official: Jim Austel; Indian Creek Resort LLC 1 Indian Creek Drive; Lake Toxaway, NC 28747 Phone numbers 678-608-1905 Hugh Nowell 404-495-9578 fax @ " — Atlanta, GA 828-966-9552 Jim Austel; Indian Creek Resort POA rep. 828-966-4035 " @ 1 Indian Creek Drive; Lake Toxaway 866-882-8194 x 105 Henry Dyar, Operations Manager — Goldie & Asso. 864-903-5971 " - cell (email: henry@goldieassociates.com) 864-882-8194 x 101 Sheila Lowery, Goldie & Associates — contractor 864-882-0851 fax 210-A West North Second St., Seneca SC 29678 864-882-0851 " — fax c@ Goldie 828-342-3559 cell Robert Orr, ORC Operator information Certified ORC & grade: Robert Orr — Grade III - Cert # 5300 Back-up ORC & grade: Henry Dyar — Grade III - Cert # 989715 Permit information Date issued: 4-1-2009 Expiration date: 8-31-2012 Stream information Stream & river basin: Sub -basin: Quad: Grid: Stream classification: Note: Drainage area sq mi: Instream Waste Conc.: Average Stream Flow: Summer 7Q10 cfs: Winter 7Q10 cfs: Other information Directions: Indian Creek; Savannah River Basin 03 -13-02 Reid, NC G7SW C-Trout A level "B" model was performed to ensure the proposed expansion flows would be protective of the 6 mg/I instream DO standard. 4.86 13.42% 18 cfs 1.4 cfs 3.0 cfs From Rosman, take US Hwy 64 West — 9 miles to Lake Toxaway. The entrance to the facility is on the left. There is a security gate with controlled access arm. The wastewater treatment plant is located off of Indian Creek Drive, on the right, at the end of a gravel access road. Security Gate: j 7777 WDENR North Carolina Department of Environment and Natural Resources Beverly Eaves Perdue Governor . Mr. Hugh Nowell Indian Creek Resort, LLC 3340 Peachtree Road; Suite 2200 Atlanta, GA 30326 Division of Water Quality Coleen H. Sullins Director March 13, 2009 Subject: Issuance of NPDES Permit NCO065889 Indian Creek Resort WWTP Transylvania County Dear Mr. Nowell: Dee Freeman S-6, etary h �1 I AR 2 0 2009 � I t__-- ( SECTION V'/ I C,IJ^,LIT` A.SNE\I'I L' n` r_IC:_HL Oc`ICE INNO Division personnel have reviewed and approved your applicatioAu i4i'�fpermit. Accordingly we are forwarding the attached modified p.The mo id fi tions are based upon yourre .nest c3 pe .:ot�t , ,be cottst uctit�n of e •paneled wastewater fac i s 'n two ,bases,: first to a capacity o . 0.07MUD, then to an ultimate capaci y of 0. 4 GD. o ifications include an update of the Supplement To Permit Cover Sheet, describing the phased construction, and the adding of an effluent monitoring and limits page for flow at 0.07 MGD. This modification is issued pursuant to the requirements of North Carolina General Statute 143-215. and the Memorandum of Agreement between North Carolina and the U.S. Environmental Protection Agency dated May 9, 1994 (or as subsequently amended). Please note that this permit is not transferable except after notice to the Division. The Division may require modification or revocation and reissuance of the permit. This permit does not affect the legal requirements to obtain other permits which may be required by the Division of Water Quality or permits required by the Division of Land Resources, the Coastal Area Management Act or any other Federal or Local governmental permit that may be required. If you have any questions concerning this permit, please contact Bob Sledge at telephone number (919) 807-6398. Sincerely, Coleen H. Sullins cc: Central Files __ shevi°lle}Regional C?ffieelStrface, V(7ater:Protecton Section NPDES Files Ernie Wike, E.I.T, Goldie & Associates 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 One Location: 512 N. Salisbury St. Raleigh, North Carolina 27604 NorthCarohna Phone: 919.807-6300 \ FAX: 919-807-6492 \ Customer Service:1-877-623-6748 Internet: www.ncwaterquality.org An Equal Opportunity \ Affirmative Action Employer Permit NCO065889 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, Indian Creek Resort, LLC is hereby authorized to discharge wastewater from a facility located at the Indian Creek Resort WWTP U.S. Highway 64 west of Rosman Transylvania County to receiving waters designated as Indian Creek in the Savannah 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 April 1, 2009. This permit and authorization to discharge shall expire at midnight on August 31, 2012. Signed this day March 13, 2009. /0—Toleen H. Sullins, Director on of Water Quality By Authority of the Environmental Management Commission Permit NCO065889 SUPPLEMENT TO PERMIT COVER SHEET All previous NPDES Permits issued to this facility, whether for operation or discharge are hereby revoked. As of this permit issuance, any previously issued permit bearing this number is no longer effective. Therefore, the exclusive authority to operate and discharge.from this facility arises under the permit conditions, requirements, terms, and provisions included herein.. Indian Creek Resort, LLC is hereby authorized to: 1. Continue to operate an existing 0.025 MGD extended aeration wastewater treatment system with the following additional components: ♦ UV disinfection The facility is located west of Rosman at Indian Creek Resort off U.S. Highway 64 in Transylvania County. 2. After receiving an Authorization to Construct from the Division of Water Quality, construct the necessary facilities to increase plant capacity to 0.07 MGD, and 3. After receiving an Authorization to Construct from the Division of Water Quality, construct the necessary facilities to expand the plant to its ultimate capacity of 0.14 MGD. 4. Discharge from said treatment works at the location specified on the attached map into Indian Creek, classified C-Trout waters in the Savannah River Basin. Latitude: 35°06'45" Longitude: 82°55' 10" Quad # G7SW Receiving Stream: Indian Creek Stream Class: C-Trout Subbasin: 031302 Facility Location tt�° NCO065589 - Indian Creek Resort WWTP Transylvania County Permit NCO065889 A. (1.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS (0.025 MGD) During the period beginning .on the effective date of this permit and lasting until expansion above 0.025 MGD or expiration, the Permittee is authorized to discharge from outfall 001. Such discharges shall be limited and monitored by the Permittee as specified below: EFFLUENT SEQUIREMENTS CHARACTERISTIC A LIMITS _ MONITORING R w _ Monthly :Average Daily: rAlaximum . Measurement =Fre uenc q , Y. . Sample Type 1SampWLocatioorp Flow 0.025 MGD Weekly Instantaneous Influent or Effluent BOD, 5-day (202C) 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 Weekly Grab Effluent Fecal Coliform (geometric mean) 200/100 mL 400/100 mL Weekly Grab Effluent Temperature (2C) Weekly Grab Effluent Total Nitrogen (NO2+NO3+TKN) Semi -Annually Composite Effluent Total Phosphorus Semi -Annually Composite Effluent pH1 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 See Condition A. (3.) for instructions should the facility's permitted UV system fail and an alternate means of disinfection is required. Total Residual Chlorine monitoring requirements and limits are applicable if chlorine compounds are used for disinfection. Permit NCO065889 A. (2.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS (0.07 MGD) During the period beginning upon expansion above 0.025 MGD and lasting until expansion above 0.07 MGD or expiration, the Permittee is authorized to discharge from outfall 001. Such discharges shall be limited and monitored by the Permittee as specified below: ".:.:.EFFLUENT.,LIMITS MONITORING REQUIREMENTS CHARACTERISTICS Monthly Daily Measurement Sample Type -Sample _ Average, Maximum- Frequency „ , .7 r , Flow 0.07 MGD Weekly Instantaneous Influent or Effluent BOD, 5-day (202C) 30.0 mg/L L 45.0 mg/L Weekly Composite Effluent Total Suspended Residue 30.0 mg/L 45.0 mg/L Weekly Composite Effluent NH3as N 6.0 mg/L 30.0 mg/L Weekly Composite Effluent (April 1 —October 31) NH3as N 23.5 mg/L 35.0 mg/L Weekly Composite Effluent (November 1— March 31) Fecal Coliform (geometric mean) 200/100 mL 400/100 mL Weekly Grab Effluent Temperature (2C) Weekly Grab Effluent Total Nitrogen (NO2+NO3+TKN) Semi -Annually Composite Effluent Total Phosphorus Semi -Annually Composite Effluent pH1 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 See Condition A. (4.) for instructions should the facility's permitted UV system fail and an alternate means of disinfection is required. Total Residual Chlorine monitoring requirements and limits are applicable if chlorine compounds are used for disinfection. Permit NCO065889 A. (3.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS (0.14 MGD) During the period beginning upon expansion above 0.07 MGD 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 MONITORING REQUIREMENTS, M CHARACTERISTICS Monthly Daily ' Measurement . , Sample Type : 41 Sample Avera e . g Maximum, :. , Fre uenc q Y location ;: Flow 0.14 MGD Weekly Instantaneous Influent or Effluent BOD, 5-day (202C) 30.0 mg/L 45.0 mg/L Weekly Composite Effluent Total Suspended Residue 30.0 mg/L 45.0 mg/L Weekly Composite Effluent NH3 as N 6.0 mg/L 30.0 mg/L Weekly Composite Effluent (April 1 -October 31) as N 23.5 mg/L 35.0 mg/L Weekly Composite Effluent (November 1 -March 31) (No Fecal Coliform (geometric mean) 200/100 mL 400/100 mL Weekly Grab Effluent Temperature (2C) Weekly Grab Effluent Total Nitrogen (NO2+NO3+TKN) Semi -Annually Composite Effluent Total Phosphorus Semi -Annually Composite Effluent pH1 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 See Condition A. (4.) for instructions should the facility's permitted UV system fail and an alternate means of disinfection is required. Total Residual Chlorine monitoring requirements and limits are applicable if chlorine compounds are used for disinfection. Permit NCO065889 A. (4.) TEMPORARY MEANS OF DISINFECTION In the event that the wastewater treatment plant's ultraviolet (UV) disinfection system should fail, underperform, or otherwise be removed from effective service, the permittee or his agent should immediately inform the Surface Water Protection Section staff of the Asheville Regional Office of this development and discuss temporary, alternate means for disinfection of the effluent. If chlorine compounds are used as temporary means of disinfection, the total residual chlorine (TRC) concentration of the effluent must be monitored on a daily basis while this method of disinfection is in use and values must be reported on the discharge monitoring report. TRC in the effluent may not exceed 28 µglL; therefore, dechlorination methods may also be necessary to ensure protection of water quality in the receiving stream. Use of a disinfection system other than the permitted,UV system during circumstances not deemed as emergency and/or temporary (replacement of lamps, lamp cleaning or maintenance, etc.) will be considered a violation of the terms of this permit. )ES Permit Standard Conditions Page 1 of 16 PART II STANDARD CONDITIONS FOR NPDES PERMITS Section A. Definitions 2/Month Samples are collected twice per month with at least ten calendar days between sampling events. 3/Week Samples are collected three times per week on three separate calendar days. .Act or "the Act" The Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 USC 1251, et. seq. Annual Average The arithmetic mean of all "daily discharges" of a pollutant measured during the calendar year. In the case of fecal coliform, the geometric mean of such discharges. Arithmetic Mean The summation of the individual values divided by the number of individual values. B-ypass The known diversion of waste streams from any portion of a treatment facility including the collection system, which is not a designed or established or operating mode for the facility. Calendar Day The period from midnight of one day until midnight of the next day. However, for purposes of this permit, any consecutive 24-hour period that reasonably represents the calendar day may be used for sampling. Calendar Quarter One of the following distinct periods: January through March, April through June, July through September, and October through December. Composite Sample A sample collected over a 24-hour period. by continuous sampling or combining grab samples of at least 100 ml in such a manner as to result in a total sample representative of the wastewater discharge during the sample period. The Director may designate the most appropriate method (specific number and size of aliquots necessary, the time interval between grab samples, etc.) on a case -by -case basis. Samples may be collected manually or automatically. Composite samples may be obtained by the following methods: (1) Continuous: a single, continuous sample collected over a 24-hour period proportional to the rate of flow. (2) Constant time/variable volume: a series of grab samples collected at equal time intervals over a 24 hour period of discharge and combined proportional to the rate of flow measured at the time of individual sample collection, or (3) Variable time/constant volume: a series of grab samples of equal volume collected over a 24 hour period with the time intervals between samples determined by a preset number of gallons passing the sampling point. Flow measurement between sample intervals shall be determined by use of a flow recorder and totalizer, and the preset gallon interval between sample collection fixed at no greater than 1/24 of the expected total daily flow at the treatment system, or. (4) Constant time/constant volume: a series of grab samples of equal volume collected over a 24-hour period at a constant time interval. Use of this method requires prior approval by the Director. This method may only be used in situations where effluent flow rates vary less than 15 percent. The following restrictions also apply: ➢ Influent and effluent grab samples shall be of equal size and of no less than 100 milliliters Version 1011012007 ?DES Permit Standard Conditions Page 2of16 ➢ Influent samples shall not be collected more than once per hour. ➢ Permittees with wastewater treatment systems whose detention time < 24 hours shall collect effluent grab samples at intervals of no greater than 20 minutes apart during any 24-hour period. ➢ Permittees with wastewater treatment systems whose detention time exceeds 24 hours shall collect effluent grab samples at least every X hours [X = days detention time] over a 24-hour period. Effluent samples shall be collected at least every six hours; there must be a mitumum of four samples during a 24- hour sampling period. Continuous flow measurement Flow monitoring that occurs without interruption throughout the operating hours of the facility. Flow shall be monitored continually except for the infrequent times when there may be no flow or for infrequent maintenance activities on the flow device. Daily Discharge The discharge of a pollutant measured during a calendar day or any 24-hour period that reasonably represents the calendar day for purposes of sampling. For pollutants measured in units of mass, the "daily discharge" is calculated as the total mass of the pollutant discharged over the day. The "daily discharge" concentration comprises the mean concentration for a 24-hour sampling period as either a composite sample concentration or the arithmetic mean of all grab samples collected during that period. (40 CFR 122.2) Daily Maximum The highest "daily discharge" for conventional and other non -toxicant parameters. NOTE: Permittees may not submit a "daily average" calculation [for determining compliance with permit limits] for toxicants. See the relevant Federal effluent guideline[s] for the appropriate calculation interval. Dail S�ampluig Parameters requiring daily sampling shall be sampled 5 out of every 7 days per week unless otherwise specified in the permit. The Division expects that sampling shall be conducted on weekdays except where holidays or other disruptions of normal operations prevent weekday sampling. If sampling is required for all seven days of die week for any permit parameter(s), that requirement will be so noted on the Effluent Limitations and Monitoring Page(s). DWO or "the Division" The Division of Water Quality, Department of Environment and Natural Resources. EMC The North Carolina Environmental Management Commission. Facility Closure The cessation of wastewater treatment at a permitted facility, or the cessation of all activities that require coverage under the NPDES. Completion of facility closure will allow this permit to be rescinded. Geometric Mean The Nth root of the product of the individual values where N = the nuunber of individual values. For purposes of calculating the geometric mean, values of "0" (or "< [detection level]") shall be considered = 1. Grab Sample Individual samples of at least 100 ml collected over a period of time not exceeding 15 minutes. Grab samples can be collected manually. Grab samples must be representative of the discharge (or the receiving stream, for i nstream samples). Hazardous Substance Any substance designated under 40 CFR Part 116 pursuant to Section 311 of the Clean Water Act. Version 10/10/2007 )ES Permit Standard Conditions Page 3of16 Instantaneous flow measurement A measure of flow taken at the time of sampling, when both the sample and flow will be representative of the total discharge. Monthly Average (concentration limitl The arithmetic mean of all "daily discharges" of a pollutant measured during the calendar month. In the case of fecal coliform, the geometric mean of such discharges. Permit Issuing Authority The Director of the Division of Water Quality. ,Quarterly Average concentration limitl The average of all samples taken over a calendar quarter. Severe property damage Substantial physical damage to property, damage to the treatment facilities which causes them to become inoperable, or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass. Severe property damage excludes economic loss caused by delays in production. Toxic Pollutant: Any pollutant listed as toxic under Section 307(a)(1) of the Clean Water Act. U set An incident beyond the reasonable control of the Permittee causing unintentional and temporary noncompliance with permit effluent limitations and/or monitoring requirements. An upset does not include noncompliance caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance, or careless or improper operation. Weekly Average (concentration li tl The arithmetic mean of all "daily discharges" of a pollutant measured during the calendar week. In the case of fecal coliform, the geometric mean of such discharges. Section B. General Conditions 1. Duty to Comply The Permittee must comply with all conditions of this permit. Any permit noncompliance constitutes a violation of the Clean Water Act and is grounds for enforcement action; for permit termination, revocation and reissuance, or modification; or denial of a permit renewal application [40 CFR 122.41]. a. The Permittee shall comply with effluent standards or prohibitions established under section 307(a) of the 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 section 301, 302, 306, 307, 308, 318 or 405 of the Act, or any permit condition or limitation implementing any such sections in a permit issued under section 402, or any requirement imposed in a pretreatment program approved under sections 402(a)(3) or 402(b)(8) of the Act, is subject to a civil penalty not to exceed $25,000 per day for each violation. [40 CFR 122.41 (a) (2)] c. The Clean Water Act provides that any person who negligentyviolates sections 301, 302, 306, 307, 308, 318, or 405 of the Act, or any condition or limitation implementing any of such sections in a permit issued under Version 1011012007 PDES Permit Standard Conditions Page 4 of 16 section 402 of the Act, or any requirement imposed in a pretreatment program approved under section 402(a)(3) or 402(b)(8) of the Act, is subject to criminal penalties of $2,500 to $25,000 per day of violation, or imprisonment of not more than 1 year, or both. In the case of a second or subsequent conviction for a negligent violation, a person shall be subject to criminal penalties of not more than $50,000 per day of violation, or by imprisonment of not more than 2 years, or both. [40 CFR 122.41 (a) (2)] d. Any person who knoivin&ly violates such sections, or such conditions or limitations is subject to criminal penalties of $5,000 to $50,000 per day of violation, or imprisonment for not more than 3 years, or both. In the case of a second or subsequent conviction for a knowing violation, a person shall be subject to criminal penalties of not more than $100,000 per day of violation, or imprisonment of not more than 6 years, or both. [40 CFR 122.41 (a) (2)] e. Any person who knowingly violates section 301, 302, 303, 306, 307, 308, 318 or 405 of the Act, or any permit condition or limitation implementing any of such sections in a permit issued under section 402 of the Act, and who knows at that time that he thereby places another person in imminent danger of death or serious bodily injury, shall, upon conviction, be subject to a fine of not more than $250,000 or imprisonment of not more than 15 years, or both. In the case of a second or subsequent conviction for a knowing endangerment violation, a person shall be subject to a fine of not more than $500,000 or by imprisonment of not more than 30 years, or both. An organization, as defined in section 309(c)(3)(B)(iii) of the CWA, shall, upon conviction of violating the imminent danger provision, be subject to a fine of not more than $1,000,000 and can be fined up to $2,000,000 for second or subsequent convictions. [40 CFR 122.41 (a) (2)] f. Under state law, a civil penalty of not more than $25,000 per violation may be assessed against any person who violates or fails to act in accordance with the terms, conditions, or requirements of a permit. [North Carolina General Statutes § 143-215.6A] g. Any person may be assessed an administrative penalty by the Administrator for violating section 301, 302, 306, 307, 308, 318 or 405 of this Act, or any permit condition or limitation implementing any of such sections in a permit issued under section 402 of this Act. Administrative penalties for Class I violations are not to exceed $10,000 per violation, with the maximum amount of any Class I penalty assessed not to exceed $25,000. 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 II penalty not to exceed $125,000. [40 CFR 122.41 (a) (3)] 2. Duty to Mitigate The Permittee shall take all reasonable steps to minimize or prevent any discharge or sludge use or disposal in violation of this permit with a reasonable likelihood of adversely affecting human health or the environment [40 CFR 122.41 (d)]. 3. Civil and Criminal Liability Except as provided in permit conditions on "Bypassing" (Part II. C. 4), "Upsets" (Part II. C. 5) and "Power Failures" (Part II. C. 7), nothing in this permit shall be construed to relieve the Permittee from any responsibilities, liabilities, or penalties for noncompliance pursuant to NCGS 143-215.3, 143-215.6 or Section- 309 of the Federal Act, 33 USC 1319. Furthermore, tie Permittee is responsible for consequential damages, such as fish kills, even though tie 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. Version 1011012007 )ES Permit Standard Conditions Page 5 of 16 5. Property Rights The issuance of this permit does not convey any property rights in either real or personal property, or any exclusive privileges, not does it authorize any injury to private property or any invasion of personal rights, nor any infringement of Federal, State or local laws or regulations [40 CFR 122.41 (g)]. 6. Onshore or Offshore Construction This permit does not authorize or approve the construction of any onshore or offshore physical structures or facilities or the undertaking of any work in any navigable waters. 7. Severability The provisions of this permit are severable. If any provision of this permit, or the application of any provision of this permit to any circumstances, is held invalid, the application of such provision to other circumstances, and the remainder of this permit, shall not be affected thereby [NCGS 150B-23]. 8. Duty to Provide Information The Permittee shall furnish to the Permit Issuing Authority, within a reasonable time, any information which the Permit Issuing Authority may request to determine whether cause exists for modifying, revoking and reissuing, or terminating this permit or to determine compliance with this permit. The Permittee shall also furnish to the Permit Issuing Authority upon request, copies of records required by this permit [40 CFR 122.41 (h)]. 9. Duty to Reapply If the Permittee wishes to continue an activity regulated by this permit after the expiration date of this permit, the Permittee must apply for and obtain a new permit [40 CFR 122.41 (b)]. 10. Expiration of Permit The Permittee is not authorized to discharge after the expiration date. In order to receive automatic authorization to discharge beyond the expiration date, the Permittee shall submit such information, forms, and fees as are required by the agency authorized to issue permits no later than 180 days prior to the expiration date. Any Permittee that has not requested renewal at least 180 days prior to expiration, or any Permittee that does not have a permit after the expiration and has not requested renewal at least 180 days prior to expiration, will subject the Permittee to enforcement procedures as provided in NCGS 143-215.6 and 33 USC 1251 et. seq. 11. Si_�atoLT Requirements All applications, reports, or information submitted to the Permit Issuing Authority shall be signed and certified [40 CFR 122.41 (k)]. a. All permit applications shall be signed as follows: (1) For a corporation: by a responsible corporate officer. For the pin -pose of this Section, a responsible corporate officer means: (a) a president, secretary, treasurer or vice president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision making functions for the corporation, or (b) the manager of one or more manufacturing, production, or operating facilities, provided, the manager is authorized to make management decisions which govern the operation of the regulated facility including having the explicit or implicit duty of snaking major capital investment recommendations, and initiating and directing other comprehensive measures to assure long term environmental compliance with envirommental laws and regulations; the manager can ensure that the necessary systems are established or actions taken to gather complete and accurate information for permit application requirements; and where authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures . (2) For a partnership or sole proprietorship: by a general partner or the proprietor, respectively; or (3) For a municipality, State, Federal, or other public agency: by either a principal executive officer or ranking elected official [40 CFR 122.22]. Version 1011012007 PDES Permit Standard Conditions Page 6of16 b. All reports required by the permit and other information requested by the Permit Issuing Authority shall be signed by a person described in paragraph a. above or by a duly authorized representative of that person. A person is a duly authorized representative only if 1. The authorization is made in writing by a person described above; 2. The authorization specified either an individual or a position having responsibility for the overall operation of the regulated facility or activity, such as the position of plant manager, operator of a well or well field, superintendent, a position of equivalent responsibility, or an individual or position having overall responsibility for environmental matters for the company. (A duly authorized representative may thus be either a named individual or any individual occupying a named position.); and 3. The written authorization is submitted to the Permit Issuing Authority [40 CFR 122.22] c. Changes to authorization: If an authorization under paragraph (b) of this section is no longer accurate because a different individual or position has responsibility for the overall operation of the facility, a new authorization satisfying the requirements of paragraph (b) of this section must be submitted to the Director prior to or together with any reports, information, or applications to be signed by an authorized representative [40 CFR 122.22] d. Certification. Any person signing a document under paragraphs a. or b. of this section shall make the following certification [40 CFR 122.22]: "7 certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. 1 am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for knowing violations." 12. Permit Actions This permit may be modified, revoked and reissued, or terminated for cause. The filing of a request by the Permittee for a permit modification, revocation and reissuance, or termination, or a notification of planned changes or anticipated noncompliance does not stay any pei7niit condition [40 CFR 122.41 (0]. 13. Permit Modification, Revocation and Reissuance, or Termination The issuance of this permit does not prohibit the permit issuing authority from reopening and modifying the permit, revoking and reissuing the permit, or terminating the permit as allowed by the laws, rules, and regulations contained in Title 40, Code of Federal Regulations, Parts 122 and 123; Title 15A of die North Carolina Administrative Code, Subchapter 2H .0100; and North Carolina General Statute 143-215.1 et. al. 14. Annual Administering and Compliance Monitoring Fee Requirements The Permittee must pay the annual administering and compliance monitoring fee within thirty days after being billed by the Division. Failure to pay the fee in a timely manner in accordance with 15A NCAC 2H.0105 (b) (2) may cause this Division to initiate action to revoke the permit. Section C. Operation and Maintenance of Pollution Controls Certified Operator Upon classification of the permitted facility by the Certification Commission, the Permittee shall employ a certified water pollution control treatment system operator in responsible charge (ORC) of the water pollution control treatment system. Such operator must hold a certification of the grade equivalent to or greater than the classification assigned to the water pollution control treatment system by the Certification Commission. The Permittee must also employ one or more certified Back-up ORCs who possess a currently valid certificate of the type of the system. Back-up ORCs must possess a grade equal to (or no more dean one grade less than) the grade of the system [15A NCAC 8G.0201]. Version 1011012007 )ES Permit Standard Conditions Page 7of16 The ORC of each Class I facility must: ➢ Visit the facility at least weekly ➢ Comply with all other conditions of 15A NCAC 8G.0204. The ORC of each Class II, III and IV facility must: ➢ Visit the facility at least five days per week, excluding holidays ➢ Properly manage and docuinent daily operation and maintenance of the facility ➢ Comply with all other conditions of 15A NCAC 8G.0204. Once the facility is classified, the Permittee shall submit a letter to the Certification Commission designating the operator in responsible charge: a. Within 60 calendar days prior to wastewater being introduced into a new system b. Within 120 calendar days of: ➢ Receiving notification of a change in the classification of the system requiting the designation of a new ORC and back-up ORC ➢ A vacancy in the position of ORC or back-up ORC. 2. Proper Operation and Maintenance The Permittee shall at all times provide the operation and maintenance resources necessary to operate the existing facilities at optimum efficiency. The Permittee shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) which are installed or used by the Permittee to achieve compliance with the conditions of this permit. Proper operation and maintenance also includes adequate laboratory controls and appropriate quality assurance procedures. This provision requires the Permittee to install and operate backup or auxiliary facilities only when necessary to achieve compliance with the conditions of the permit [40 CFR 122.41 (e)]. Need to Halt or Reduce not a Defense It shall not be a defense for a Permittee in an enforcement action that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the condition of this permit [40 CFR 122.41 (c)] 4. Bypassing of Treatment Facilities a. Bypass not exceeding limitations [40 CFR 122.41 (m) (2)] The Permittee may allow any bypass to occur which does not cause effluent limitations to be exceeded, but only if it also is for essential maintenance to assure efficient operation. These bypasses are not subject to the provisions of Paragraphs b. and c. of this section. b. Notice [40 CFR 122.41 (m) (3)] (1) Anticipated bypass. If the Permittee knows in advance of the need for a bypass, it shall submit prior notice, if possible at least ten days before the date of the bypass; including an evaluation of the anticipated quality and effect of the bypass. (2) Unanticipated bypass. The Permittee shall submit notice of an unanticipated bypass as required in Part II. E. 6. (24-hour notice). c. Prohibition of Bypass (1) Bypass from the treatment facility is prohibited and the Permit Issuing Authority may take enforcement action against a Permittee for bypass, unless: (A) Bypass was unavoidable to prevent loss of life, personal injury or severe property damage; (B) There were no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities, retention of untreated wastes or maintenance during normal periods of equipment downtime. -This condition is not satisfied if adequate backup equipment should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventive maintenance; and (C) The Permittee submitted notices as required under Paragraph b. of this section. Version 1011012007 PDES Permit Standard Conditions Page 8 of 16 (2) Bypass from the collection system is prohibited and the Permit Issuing Authority may take enforcement action against a Permittee for a bypass as provided in any current or future system -wide collection system permit associated with the treatment facility. (3) The Permit Issuing Authority may approve an anticipated bypass, after considering its adverse effects, if the Permit Issuing Authority determines that it will meet the three conditions listed above in Paragraph c. (1) of this section. U sets a. Effect of an upset [40 CFR 122.41 (n) (2)]: An upset constitutes an affirmative defense to an action brought for noncompliance with such technology based permit effluent limitations if the requirements of Paragraph b. of this condition are met. No determination made during administrative review of claims that noncompliance was caused by upset, and before an action for noncompliance, is final administrative action subject to judicial review. b. Conditions necessary for a demonstration of upset: 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) of this permit. (4) The Permittee complied with any remedial measures required under Part II. B. 2. of this permit. c. Burden of proof [40 CFR 122.41 (n) (4)]: The Permittee seeking to establish the occurrence of an upset has the burden of proof in any enforcement proceeding. 6. Removed Substances Solids, sludges, filter backwash, or other pollutants removed in the course of treatment or control of wastewaters shall be utilized/disposed of in accordance with NCGS 143-215.1 and in a manner such as to prevent any pollutant from such materials from entering waters of the State or navigable waters of the United States. The Permittee shall comply with all existing Federal regulations governing the disposal of sewage sludge. Upon promulgation of 40 CFR Part 503, any permit issued by the Permit Issuing Authority for die utilization/disposal of sludge may be reopened and modified, or revoked and reissued, to incorporate applicable requirements at 40 CFR 503. The Permittee shall comply with applicable 40 CFR 503 Standards for the Use and Disposal of Sewage Sludge (when promulgated) within the time provided in the regulation, even if the permit is not modified to incorporate die requirement. The Permittee shall notify the Permit Issuing Authority of any significant change in its sludge use or disposal practices. 7. Power Failures The Permittee is responsible for maintaining adequate safeguards (as required by 15A NCAC 2H.0124 — 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 Representative Sampling Samples collected and measurements taken, as required herein, shall be characteristic of the volume and nature of die permitted discharge. Samples collected at a frequency less than daily shall be taken on a day and time that is characteristic of the discharge over the entire period the sample represents. All samples shall be taken at the monitoring points specified in this permit and, unless otherwise specified, before the effluent joins or is diluted by any other wastestream, body of water, or substance. Monitoring points shall not be changed without notification to and the approval of the Permit Issuing Audiority [40 CFR 122.410)]. Version 1011012007 )ES Permit Standard Conditions Page 9 of 16 2. Reporting Monitoring results obtained during the previous month(s) shall be summarized for'each month and reported on a monthly Discharge Monitoring Report (DMR) Form (MR 1, 1.1, 2, 3) or alternative forms approved by the Director, postmarked no later than the last calendar day of the month following the completed reporting period. The fast DMR is due on the last day of the month following the issuance of the permit or in the case of a new facility, on the last day of the month following the commencement of discharge. Duplicate signed copies of these, and all other reports required herein, shall be submitted to the following address: NC DENR / Division of Water Quality / Water Quality Section ATTENTION: Central Files 1617 Mail Service Center Raleigh, North Carolina 27699-1617 3. Flow Measurements Appropriate flow measurement devices and methods consistent with accepted scientific practices shall be selected and used to ensure the accuracy and reliability of measurements of the volume of monitored discharges. The devices shall be installed, calibrated and maintained to ensure that the accuracy of the measurements is consistent with the accepted capability of that type of device. Devices selected shall be capable of measuring flows with a maximum deviation of less than 10% from the true discharge rates throughout the range of expected discharge volumes. Flow measurement devices shall be accurately calibrated at a minimum of once per year and maintained to ensure that the accuracy of the measurements is consistent with the accepted capability of that type of device. The Director shall approve the flow measurement device and monitoring location prior to installation. Once -through condenser cooling water flow monitored by pump logs, or pump hour meters as specified in Part I of this permit and based on the manufacturers pump curves shall not be subject to this requirement. 4. Test Procedures 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 40 CFR 136; or in the case of sludge use or disposal, approved under 40 CFR 136, unless otherwise specified in 40 CFR 503, unless other test procedures have been specified in this permit [40 CFR 122.41]. To meet the intent of the monitoring required by this permit, all test procedures must produce minimum detection and reporting levels that are below the permit discharge requirements and all data generated must be reported down to the minimum detection or lower reporting level of the procedure. If no approved methods are determined capable of achieving minimum detection and reporting levels below permit discharge requirements, then the most sensitive (method with the lowest possible detection and reporting level) approved method must be used. 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 [40 CFR 122.41]. 6. Records Retention Except for records of monitoring information required by this permit related to the Permittee's sewage sludge use and disposal activities, which shall be retained for a period of at least five years (or longer as required by 40 CFR 503), the Permittee shall retain records of all monitoring information, including: ➢ all calibration and maintenance records ➢ all original strip chart recordings for continuous monitoring .instrumentation Version 1011012007 ?DES Permit Standard Conditions Page 10 of 16 ➢ copies of all reports required by this permit ➢ copies of all data used to complete the application for this permit These records or copies shall be maintained for a period of at least 3 years from the date of the sample, measurement, report or application. This period may be extended by request of the Director at any time [40 CFR 122.41]. 7. Recording Results For each measurement or sample taken pursuant to the requirements of this permit, the Permittee shall record the following information [40 CFR 122.41]: a. The date, exact place, and time of sampling or measurements; b. The individual(s) who performed the sampling or measurements; c. The date(s) analyses were performed; d. The individual(s) who performed the analyses; e. The analytical techniques or methods used; and f. The results of such analyses. 8. Inspection and Entiv 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 tunes, any records that must be kept under the conditions of this permit; c. Inspect at reasonable tunes 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 [40 CFR 122.41 (i)]. Section E Reporting Requirements 1. Change in Discharge All discharges authorized herein shall be consistent with the terms and conditions of this pernnit. 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 additions to the permitted facility [40 CFR 122.41 (1)]. soon as possible of any planned physical alterations or Notice is required only when: a. The alteration or addition to a permitted facility may meet one of the criteria for new sources at 40 CFR 122.29 (b); or b. The alteration or addition could significantly change the nature or increase the quantity of pollutants discharged. This notification applies to pollutants subject neither to effluent limitations in the permit, nor to notification requirements under 40 CFR 122.42 (a) (1). c. The alteration or addition results in a significant change in the Permittee's sludge use or disposal practices, and such alteration, addition or change may justify the application of permit conditions that are different from or absent in die existing permit, including notification of additional use or disposal sites not reported during the permit application process or not reported pursuant to an approved land application plan. 3. Anticipated Noncompliance The Permittee shall give advance notice to the Director of any planned changes to the permitted facility or other activities that might result in noncompliance with the permit [40 CFR 122.410) (2)]. Version 10/10/2007 )ES Permit Standard Conditions Page 11 of 16 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 permit to document the change of ownership. Any such action may incorporate other requirements as may be necessary under die Clean Water Act [40 CFR 122.41 (1) (3)]. 5. Monitoring Reports Monitoring results shall be reported at the intervals specified elsewhere in this permit [40 CFR 122.41 (l) (4)]. a. Monitoring results must be reported on a Discharge Monitoring Report (DMR) (See Part II. D. 2) or forms provided by the Director for reporting results of monitoring of sludge use or disposal practices. b. If the Permittee monitors any pollutant more frequently than required by this permit, the results of such monitoring shall be included in the calculation and reporting of the data submitted on the DMR. 6. Twenty-four Hour Reporting a. The Permittee shall report to the Director or the appropriate Regional Office any noncompliance that potentially threatens public health or the environment. Any information shall be provided orally widen 24 hours from the time the Permittee became aware of the circumstances. A written submission shall also be provided within 5 days of the time the Permittee becomes aware of the circumstances. The written submission shall contain a description of the noncompliance, and its cause; the period of noncompliance, including exact dates and times, and if the noncompliance has not been corrected, the anticipated time it is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance [40 CFR 122.41 (1) (6)]. b. The Director may waive the written report on a case -by -case basis for reports under this section if the oral report has been received within 24 hours. c. Occurrences outside normal business hours may also be reported to the Division's Emergency Response personnel at (800) 662-7956, (800) 858-0368 or (919) 733-3300. Other Noncompliance The Permittee shall report all instances of noncompliance not reported under Part II. E. 5 and 6. of this permit at the time monitoring reports are submitted. The reports shall contain the information listed in Part II. E. 6. of this permit [40 CFR 122.41 (l) (7)]. 8. Other Information Where the Permittee becomes aware that it failed to submit any relevant facts in a permit application, or submitted incorrect information in a permit application or in any report to the Director, it shall promptly submit such facts or information [40 CFR 122.41 (1) (8)]. Noncompliance Notification . The Permittee shall report by telephone to either the central office or the appropriate regional office of the Division as soon as possible, but m no case more than 24 hours or on the next working day following the occurrence or first knowledge of die 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. Version 1011012007 'DES Permit Standard Conditions Page 12 of 16 Persons reporting such occurrences by telephone shall also file a written report within 5 days following first knowledge of the occurrence. 10. Availability of Reports Except for data determined to be confidential under NCGS 143-215.3 (a)(2) or Section 308 of the Federal Act, 33 USC 1318, all reports prepared in accordance with the terms shall be available for public inspection at the offices of the Division. As required by the Act, effluent data shall not be considered confidential. Knowingly making any false statement on any such report may result in the imposition of criminal penalties as provided for in NCGS 143-215.1(b)(2) or in Section 309 of the Federal Act. 11. Penalties for Falsification of Reports The 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 $25,000 per violation, or by imprisonment for not more than two years per violation, or by both [40 CFR 122.41]. 12. Annual Performance Reports Permittees who own or operate facilities that collect or treat municipal or domestic waste shall provide an annual report to the Permit Issuing Authority and to the users/customers served by the Permittee (NCGS 143-215.1C). The report shall summarize the performance of the collection or treatment system, as well as the extent to which the facility was compliant with applicable Federal or State laws, regulations and rules pertaining to water quality. The report shall be provided no later than sixty days after the end of the calendar or fiscal year, depending upon which annual period is used for evaluation. PART III OTHER REQUIREMENTS Section A. Construction The Permittee shall not commence construction of wastewater treatment facilities, not add to the plant's treatment capacity, not change the treatment process(es) utilized at the treatment plant unless the Division has issued an Authorization to Construct (AtC) permit. Issuance of an AtC will not occur until Final Plans and Specifications for the proposed construction have been submitted by the Permittee and approved by the Division. Section B. Groundwater Monitoring The Permittee shall, upon written notice from the Director, conduct groundwater monitoring as may be required to determine the compliance of this NPDES permitted facility with the current groundwater standards. Section C. Changes in Discharges of Toxic Substances The Permittee shall notify the Permit Issuing Authority as soon as it knows or has reason to believe (40 CFR 122.42): a. That any activity has occurred or will occur which would result in the discharge, on a routine or frequent basis, of any toxic pollutant which is not limited in the permit, if that discharge will exceed the highest of the following "notification levels"; (1) One hundred micrograms per liter (100 µg/L); (2) Two hundred micrograms per liter (200 µg/L) for acrolein and acrylonitrile; five hundred micrograms per liter (500 µg/L) for 2.4-dinitrophenol and for 2-methyl-4.6-dinitrophenol; and one milligram per liter (1 mg/L) for antimony; (3) Five times the maximum concentration value reported for that pollutant in the permit application. b. That any activity has occurred or will occur which would result in any discharge, on a non -routine or infrequent basis, of a toxic pollutant which is not limited in the permit, if that discharge will exceed the highest of the following "notification levels"; Version 1011012007 )ES Permit Standard Conditions Page 13 of 16 (l) Five hundred micrograms per liter (500 µg/L); (2) One milligram per liter (1 mg/L) for antimony; (3) Ten times the maximum concentration value reported for that pollutant in the permit application. Section D. Evaluation of Wastewater Discharge Alternatives The Permittee shall evaluate all wastewater disposal alternatives and pursue the most environmentally sound alternative of the reasonably cost effective alternatives. If the facility is in substantial non-compliance with the terms and conditions of the NPDES permit or governing rules, regulations or laws, the Permittee shall submit a report in such form and detail as required by the Division evaluating these alternatives and a plan of action within 60 days of notification by the Division. Section E. Facility Closure Requirements The Permittee must notify the Division at least 90 days prior to the closure of any wastewater treatment system covered by this permit. The Division may require specific measures during deactivation of the system to prevent adverse impacts to waters of the State. This permit cannot be rescinded while any activities requiring this permit continue at the permitted facility. PART IV SPECIAL CONDITIONS FOR MUNICIPAL FACILITIES Section A. Publicly Owned Treatment Works (POTWs) All POTWs must provide adequate notice to the Director of the following: 1. Any new introduction of pollutants into the POTW from an indirect discharger which would be subject to section 301 or 306 of CWA if it were directly discharging those pollutants; and 2. Any substantial change in the volume or character of pollutants being introduced by an indirect discharger as influent to that POTW at the time of issuance of the permit. 3. For purposes of this paragraph, adequate notice shall include information on (1) the quality and quantity of effluent introduced into the POTW, and (2) any anticipated impact of the change on the quantity or quality of effluent to be discharged from the POTW. Section B. Municipal Control of Pollutants from Industrial Users. Effluent limitations are listed in Part I of this permit. Other pollutants attributable to inputs from industries using the municipal system may be present in the Permittee's discharge. At such time as sufficient information becomes available to establish limitations for such pollutants, this permit may be revised to specify effluent limitations for any or all of such other pollutants in accordance with best practicable technology or water quality standards. 2. Under no circumstances shall the Permittee allow introduction of the following wastes in the waste treatment system: a. Pollutants which create a fire or explosion hazard in the POTW, including, but not limited to, wastestreams with a closed cup flashpoint of less than 140 degrees Fahrenheit or 60 degrees Centigrade using the test methods specified in 40 CFR 261.21; b. Pollutants which will cause corrosive structural damage to the POTW, but in no case Discharges with pH lower than 5.0, unless the works is specifically designed to accommodate such Discharges; C. Solid or viscous pollutants in amounts which will cause obstruction to the flow in the POTW resulting in Interference; d. Any pollutant, including oxygen demanding pollutants (BOD, etc.) released in a Discharge at a flow rate and/or pollutant concentration which will cause Interference with the POTW; e. Heat in amounts which will inhibit biological activity in the POTW resulting in Interference, but in no case heat in such quantities that the temperature at the POTW Treatment Plant exceeds 40°C (104°F) unless the Division, upon request of the POTW, approves alternate temperature limits; Version 1011012007 'DES Permit Standard Conditions Page 14 of 16 f. Petroleum oil, nonbiodegradable cutting oil, or products of mineral oil origin in amounts that will cause interference or pass through; g. Pollutants which result in the presence of toxic gases, vapors, or furnes within the POTW in a quantity that may cause acute worker health and safety problems; h. Any trucked or hauled pollutants, except at discharge points designated by the POTW. With regard to the effluent requirements listed in Part I of this permit, it may be necessary for the Permittee to supplement the requirements of the Federal Pretreatment Standards (40 CFR, Part 403) to ensure compliance by the Permittee with all applicable effluent limitations. Such actions by the Permittee may be necessary regarding some or all of the industries discharging to the municipal system. 4. The Permittee shall require any industrial discharges sending influent to the permitted system to meet Federal Pretreatment Standards promulgated in response to Section 307(b) of the Act. Prior to accepting wastewater from any significant industrial user, the Permittee shall either develop and submit to the Division a Pretreatment Program for approval per 15A NCAC 2H .0907(a) or modify an existing Pretreatment Program per 15A NCAC 2H .0907(b). 5. This permit shall be modified, or alternatively, revoked and reissued, to incorporate or modify an approved POTW Pretreatment Program or to include a compliance schedule for the development of a POTW Pretreatment Program as required under Section 402(b)(8) of the Clean Water Act and implementing regulations or by the requirements of the approved State pretreatment program, as appropriate. Section C. Pretreatment Programs Under authority of sections 307(b) and (c) and 402(b)(8) of the Clean Water Act and implementing regulations 40 CFR Part 403, North Carolina. General Statute 143-215.3 (14) and implementing regulations 15A NCAC 2H .0900, and in accordance with the approved pretreatment program, all provisions and regulations contained and referenced in the Pretreatment Program Submittal are an enforceable part of this permit. The Permittee shall operate its approved pretreatment program in accordance with Section 402(b)(8) of the Clean Water Act, the Federal Pretreatment Regulations 40 CFR Part 403, the State Pretreatment Regulations 15A NCAC 2H .0900, and the legal authorities, policies, procedures, and financial provisions contained in its pretreatment program submission and Division approved modifications there of. Such operation shall include but is not limited to the implementation of the following conditions and requirements: 1. Sewer Use Ordinance (SUO) The Permittee shall maintain adequate legal authority to implement its approved pretreatment program. 2. Industrial Waste Survev LIWS) The Permittee shall update its Industrial Waste Survey (IWS) to include all users of the sewer collection system at least once every five years. 3. Monitoring Plan The Permittee shall implement a Division -approved Monitoring Plan for the collection of facility specific data to be used in a wastewater treatment plant Headworks Analysis (HWA) for the development of specific pretreatment local limits. Effluent data from the Plan shall be reported on the DMRs (as required by Part II, Section D, and Section E.5.). 4. Headworks Analysis (HWA) and Local Limits The Permittee shall obtain Division approval of a Headworks Analysis (HWA) at least once every five years, and as required by the Division. Widiui 180 days of the effective date of this permit (or any subsequent permit modification) the Permittee shall submit to the Division a written technical evaluation of the need to revise local limits (i.e., an updated HWA or documentation of why one is not needed) [40 CFR 122.44]. The Permittee shall develop, in accordance with 40 CFR 403.5(c) and 15A NCAC 2H .0909, specific Local Limits to implement the prohibitions listed in 40 CFR 403.5(a) and (b) and 15A NCAC 2H .0909. Version 10/10/2007 )ES Permit Standard Conditions Page 15 of 16 Industrial User Pretreatment Permits (IUP) & Allocation Tables In accordance with NCGS 143-215.1, the Permittee shall issue to all significant industrial users, permits for operation of pretreatment equipment and discharge to the Permittee's treatment works. These permits shall contain limitations, sampling protocols, reporting requirements, appropriate standard and special conditions, and compliance .schedules as necessary for the installation of treatment and control technologies to assure that their wastewater discharge will meet all applicable pretreatment standards and requirements. The Permittee shall maintain a current Allocation Table (AT) which summarizes the results of the Headworks Analysis (HWA) and the limits from all Industrial User Pretreatment Permits (IUP). Permitted 'IUP loadings for each parameter cannot exceed the treatment capacity of the POTW as determined by the HWA. 6. Authorization to Construct (AtQ The Permittee shall ensure that an Authorization to Construct permit (AtC) is issued to all applicable industrial users for the construction or modification of any pretreatment facility. Prior to the issuance of an AtC, the proposed pretreatment facility and treatment process must be evaluated for its capacity to comply with all Industrial User Pretreatment Permit (IUP) limitations. 7. POTW Inspection & Monitoring of their SIUs The Permittee shall conduct inspection, surveillance, and monitoring activities as described in its Division approved pretreatment program in order to determine, independent of information supplied by industrial users, compliance with applicable pretreatment standards. The Permittee must: a. Inspect all Significant Industrial Users (SIUs) at least once per calendar year; and b. Sample all Significant Industrial Users (SIUs) at least twice per calendar year for all permit - limited pollutants, once during the period from January 1 through June 30 and once during the period from July 1 through December 31, except for organic compounds which shall be sampled once per calendar year; 8. SIU Self Monitoring and Reporting The Permittee shall require all industrial users to comply with the applicable monitoring and reporting requirements outlined in the Division -approved pretreatment program, the industry's pretreatment permit, or in 15A NCAC 214.0908. 9. Enforcement Response Plan (ERP) The Permittee shall enforce and obtain appropriate remedies for violations of all pretreatment standards promulgated pursuant to section 307(b) and (c) of the Clean Water Act (40 CFR 405 et. seq.), prohibitive discharge standards as set forth in 40 CFR 403.5 and 15A NCAC 2H .0909, and specific local limitations. All enforcement actions shall be consistent with the Enforcement Response Plan (ERP) approved by the Division. 10. Pretreatment Annual Reports X= The Permittee shall report to the Division in accordance with 15A NCAC 2H .0908. In lieu of submitting annual reports, Modified Pretreatment Programs developed under 15A NCAC 2H .0904 (b) may be required to meet with Division personnel periodically to discuss enforcement of pretreatment requirements and other pretreatment implementation issues. For all other active pretreatment programs, the, Permittee shall submit two copies of a Pretreatment Annual Report (PAR) describing its pretreatment activities over the previous twelve months to the Division at the following address: NC DENR / DWQ / Pretreatment Unit 1617 Mail Service Center Raleigh, NC 27699-1617 Version 1011012007 ?DES Permit Standard Conditions Page 16 of 16 These reports shall be submitted according to a schedule established by the Director and shall contain the following: a.) Narrative A brief discussion of reasons for, status of, and actions taken for all Significant Industrial Users (SIUs) in Significant Non -Compliance (SNC); b.) Pretreatment Program Summarj(PPS) A pretreatment program summary (PPS) on specific forms approved by die Division; c.) Significant Non -Compliance Report (SNCR� The nature of the violations and the actions taken or proposed to correct the violations on specific forms approved by the Division; d.) Industrial Data Summary Forms (IDSF) Monitoring data from samples collected by both the POTW and the Significant Industrial User (SIU). These analytical results must be reported on Industrial Data Summary Forms (IDSF) or other specific format approved by the Division; e.) Other Information Copies of the POTW's allocation table, new or modified enforcement compliance schedules, public notice of SIUs in SNC, and any other information, upon request, which in the opinion of the Director is needed to determine compliance with the pretreatment implementation requirements of this permit; 11. Public Notice The Permittee shall publish annually a list of Significant Industrial Users (SIUs) that were in Significant Non -Compliance (SNC) as defined in the Permittee's Division -approved Sewer Use Ordinance with applicable pretreatment requirements and standards during the previous twelve month period. This list shall be published within four months of the applicable twelve-month period. 12. Record Keeping The Permittee shall retain for a minimum of three years records of monitoring activities and results, along with support information including general records, water quality records, and records of industrial impact on the POTW. 13. Funding and Financial Report The Permittee shall maintain adequate funding and staffing levels to accomplish the objectives of its approved pretreatment program. 14. Modification to Pretreatment Programs Modifications to the approved pretreatment program including but not limited to local limits modifications, POTW monitoring of their Significant Industrial Users (SIUs), and Monitoring Plan modifications, shall be considered a permit modification and shall be governed by 15 NCAC 2H .0114 and 15A NCAC 2H .0907. Version 1011012007 Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources November 7, 2007 Mr. Hugh Nowell Indian Creek Resort, LLC 3340 Peachtree Road; Suite 2200 Atlanta, GA 30326 Subject: Issuance of NPDES Permit NCO065889 Indian Creek Resort WWTP Transylvania County Coleen H. Sullins, Director Division of Water Quality - E.,., o...l... _.•�rl.i.%.'. .e.. .v.`:�?11.- �-.. ,e--.. e.a-._. w'i Y���y NOV 1 6 2007 ry WATER QUALITY SECTION i ASHEVIL LE REGIONAL GFF,CE Dear Mr. Nowell: V ,� _ Division personnel have reviewed and approved your application for renewal of the subject permit. Accordingly, we are forwarding the attached NPDES discharge permit. This permit is issued pursuant to the requirements of North Carolina General Statute 143-215.1 and the Memorandum of Agreement between North.Carolina and the U.S. Environmental Protection Agency dated May 9, 1994 (or as subsequently amended). This final permit includes the following change from the draft permit sent to you on September 12, 2007: • Minor changes have been made in the wording of the new condition that describes procedures the facility must follow in the event that its UV system should fail and chlorine compounds are used as temporary means of disinfection. These changes do not affect the content of the condition. If any parts, measurement frequencies or sampling requirements contained in this permit are unacceptable to you, you have the right to an adjudicatory hearing upon written request within thirty (30) days following receipt of this letter. This request must be in the form of a written petition, conforming to Chapter 150B of the North Carolina General Statutes, and filed with the Office of Administrative Hearings (6714 Mail Service Center, Raleigh, North Carolina 27699-6714). Unless such demand is made, this decision shall be final and binding. Please note that this permit is not transferable except after notice to the Division. The Division may require modification or revocation and reissuance of the permit. This permit does not affect the legal requirements to obtain other permits which may be required by the Division of Water Quality or permits required by the Division of Land Resources, the Coastal Area Management Act or any other Federal or Local governmental permit that may be required. If you have any questions concerning this permit, please contact Bob Sledge at telephone number (919) 733- 5083, extension 547. Sincerely, rColeen H. Sullins cc: Central Files As eville'-Reg onaTOff ceSur_faee Water Prote`- ctiq Se'ctiiorl NonrthCarolina NPDES Unit 6Vatmally North Carolina Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Phone (919) 733-7015 Customer Service Internet: www.ncwate[quility.org Location: 512 N. Salisbury St. Raleigh, NC 27604 Fax (919) 733-2496 1-877-623-6749 An Equal Opportunity/Affirmative Action Employer— 50% Recycled110% Post Consumer Paper Permit NC0065889 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, Indian Creek Resort, LLC is hereby authorized to discharge wastewater from a facility located at the Indian Creek Resort WWTP U.S. Highway 64 west of Rosman Transylvania County to receiving waters designated as Indian Creek in the Savannah River Basin in accordance with effluent limitations, monitoring requirements, and other conditions set forth in Parts I, II, III and IV hereof. This permit shall become effective December 1, 2007. This permit and authorization to discharge shall expire at midnight on August 31, 2012. Signed this day November 7, 2007. Coleen H. Sullins, Director / Division of Water Quality By Authority of the Environmental Management Commission '-ui ►�II.T.: NJ TO PERMIT COVER SHEET All previous NPDES Permits issued to this facility, whether for operation or discharge are hereby revoked. As of this permit issuances 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, req;6irements, terms, and provisions included herein. Indian Creek Resort, LLC is hereby authorized to: 1. Continue to operate an existing 0 . �025 MGD extended aeration wastewater treatment system with the following additional components: UV disinfection The facility is located west of Rosman at Indian Creek Resort off U.S. Highway 64 in Transylvania County. 2. After receiving an Authorization to Construct from the Division of Water Quality, construct the necessary facilities to increase p� ant capacity to 0.14 MGD, and 3. Discharge from said treatment wl'orks at the location specified on the attached map into Indian Creek, classified C-Trout waters in the Savannah River Basin. Latitude: 35°06'45" Stream Class: C-Trout Longitude:82°55'10" Subbasin:031302 Quad # G7SW Receiving Stream: Indian Creek Facility �'�. Location NCO065589 - Indian Creek Resort WWTP Transylvania County ' - 61i i 1 1 II WI-M A. (1.) EFFLUENT LIMITATIONS1 AND MONITORING REQUIREMENTS (0.025 MGD) During the period beginning on the ei� ective date of this permit and lasting until expansion above 0.025 MGD or expiration, the Permittee is authorized to discharge from outfall 001. Such discharges shall be limited and monitored by the Permittee as specified below: CHARACTE ; LI ITS MONITORING REQUIREMENTS Monthly t Daily Ave a e - ,Maximum ,, Measurement Fre uenc q�_..9 ..,A_. _. Sample Type Sample Location , Flow 0.025 MGD I Weekly Instantaneous Influent or Effluent BOD, 5-day (202C) 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 I Weekly Grab Effluent Fecal Coliform (geometric mean) 200/100 m 400/100 mL Weekly Grab Effluent Temperature (°C) Weekly Grab Effluent Total Nitrogen (NO2+NO3+TKN) Semi -Annually Composite Effluent Total Phosphorus I Semi -Annually Composite Effluent pH1 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 solids or visible foam in other than trace amounts See Condition A. (3.) for instructions should the facility's permitted UV system fail and an alternate means of disinfection is required. Total Residual Chlorine monitoring requirements and limits are applicable if chlorine compounds arse used for disinfection. Permit NCO065889 A. (2.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS (0.14 MGD) During the period beginning upon expansion above 0.025 MGD 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: =LIMITS MONITORING REQUIREMENTS CHARACTERISTICS Monthly �' Daily Measurement 'Sam le T e p p Sample` , . Average�. Maximum Frequency FF . -„ s <,. , §Location f Influent Flow 0.14 MGD Weekly Instantaneous Effluent BOD, 5-day (20°C) 30.0 mg/L 45.0 mg/L Weekly Composite Effluent Total Suspended Residue 30.0 mg/L 45.0 mg/L Weekly Composite Effluent NH3 as N 6.0 mg/L 30.0 mg/L Weekly Composite Effluent (April 1- October 31 NH3 as N 23.5 mg/L 35.0 mg/L Weekly Composite Effluent (November 1 - March 31 Fecal Coliform (geometric mean) 200/100 mL 400/100 mL Weekly Grab Effluent Temperature (°C) Weekly Grab Effluent Total Nitrogen (NO2+NO3+TKN) Semi -Annually Composite Effluent Total Phosphorus Semi -Annually Composite Effluent pH1 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 See Condition A. (3.) for instructions should the facility's permitted UV system fail.and an alternate means of disinfection is required. Total Residual Chlorine monitoring requirements and limits are applicable if chlorine compounds are used for disinfection. Permit NCO065889 A. (3.) TEMPORARY MEANS Old DISINFECTION In the event that the wastewater treatm nt plant's ultraviolet (UV) disinfection system should fail, underperform, or otherwise be remove from effective service, the permittee or his agent should immediately inform the Surface Wate Protection Section staff of the Asheville Regional Office of this development and discuss temporary, a ternate means for disinfection of the effluent. If chlorine compounds are used as tenporary means of disinfection, the total residual chlorine (TRC) concentration of the effluent must be onitored on a daily basis while this method of disinfection is in use and values must be reported on th discharge monitoring report. TRC in the effluent may not exceed 28 µg/L; therefore, dechlorina ion methods may also be necessary to ensure protection of water quality in the receiving stream. Use of a disinfection system other thaii the permitted UV system during circumstances not deemed as emergency and/or temporary (replacement of lamps, lamp cleaning or maintenance, etc) will be considered a violation of the terms ofj this permit. db NPDF�S APPLICATION - FORM D For privately owned treatments systems treating 100% domestic wastewaters <1.0 MGD Mail the complete application to: N. C. Department of Environment and Natural Resources Division of Water Quality / NPDES Unit 1617 Mail Service Center, Raleigh, NC 27699-1617 NP i ES Permit NCO065889 V you- are completing this form in computer use the TAB key or the up - down arrows to move from one field to the next. To check the boxes, click your mouse on top of the box. Otherwise, please print or type. 1. Contact Information: Owner Name Hugh Nowell Facility Name Catatoga/Indian Creek Resort LLC Mailing Address 3340 Peachtree Road City Atlanta State / Zip Code Georgia/3I0326 ':.lel•. cil3. r.4 cf.!l.'.6.>lSr...: ah:if f Telephone Number (678)608-1905 r Fax Number (404)495-9578 _ J V e-mail Address I I f. 1 6 2007 2. Location of facility producing discharge: Check here if same address as above ❑ WATER QUALITY SECTIOi� i ASHEVII_LE' REGIOidP.l_ CF`=ICE Street Address or State Road US Hwy 64 (West of Rosman - - cityLake Toxaway .....�-.�.. ,•r....:„..�,.,,:,.,..;>,,;<.. ' State / Zip Code NC 28747 County Transylvania 3. Operator Information: Name of the firm, public organization or other entity that operates the facility. (Note that this is not referring to the Operator in Responsible Charge or ORC) Name Goldie &IAssociates Mailing Address 210 W. North Second Street City Seneca State / Zip Code SC/29678 Telephone Number (864)882-8194 Fax Number (864)882-0851JR '1''�? w ej r+:: JAN 1 of 4 Form-D 1/06 NPDES "PLICATION - FORM D For privately owned treatment systems treating 100% domestic wastewaters <1.0 MGD 4. Description of wastewater: Facility Generating Wastewater(check all that apply): Industrial ❑ Number of Employees Commercial ❑ Number of Employees Residential ® Number of Homes 14 School ❑ Number of Students/Staff Other ❑ Explain: Describe the source(s) of wastewater (example: subdivision, mobile home park, shopping centers, restaurants, etc.): Subdivision Population served: 25 5. Type of collection system ® Separate (sanitary sewer only) 6. Outfall Information: ❑ Combined (storm sewer and sanitary sewer) Number of separate discharge points 01 Outfall Identification number(s) 001 Is the outfall equipped with a diffuser? ❑ Yes ® No 7. Name of receiving stream(s) (Provide a map showing the exact location of each outfallr Indian Creek S. Frequency of Discharge: ® Continuous ❑ Intermittent If intermittent: Days per week discharge occurs: Duration: 9. Describe the treatment system List all installed components, including capacity, provide design removal forBOD, TSS, nitrogen and phosphorus. If the space provided is not sufficient, attach the description of the treatment system in a separate sheet of paper. 1. Existing WWTP is a 0.025 mgd extented air plant with aeration, clarification and sludge holding. 2. W disinfection system- rated for 243 gpm (350,000 gpd) The equipment was believed to be designed for BOD removal: at least 87 percent removal of BOD (based on 2 50mg/I, in and 30 mg/L permit limit.) TSS removal: at least 87 percent removal of TSS (based on 250 mg/L In and 30 mg/L permit limit) Nitrogen: at least 80 percent removal of N113-N (based on 40 mg/L TKN in and 8 mg/L NH3-N permit limit) No facilities are in place for removal of nitrate or nitrite nitrogen. Phosphorus: No facilities are in place for removal of phosphorus. 2 of 4 Form-D 1106 NPDES APPLICATION - FORM D For privately owned treatment systems treating 100% domestic wastewaters <1.0 MGD 10. Flow Information: Treatment Plant Design flow 0.025 MGD Annual Average daily flow 0.00083 MGD (for the previous 3 years) Maximum daily flow 0. 00 17 MGD (for the previous 3 years) 11. Is this facility located on Indian country? ❑ Yes ® No 12. ' Effluent Data Provide data for the parameters listed. Fecal Coliform, Temperature and pH shall be grab samples, for all other parameters 24-hour composite sampling shall be used. Effluent testing data must be based on at least three samples and must be no more than four and one half years old. Parameter Daily Maximum Monthly Average Units of Measurement Number of Samples Biochemical Oxygen Demand (BODs) 7.15 3.28 mg/l 4 Fecal Coliform 3 <1.5 #/ 100ml 4 Total Suspended Solids 10 4.13 mg/l 4 Temperature (Summer) 24.5 22.6 oC 4 Temperature (Winter) 4.1 3.7 oC 4 pH 6.9 SU 4 13. List all permits, construction approvals and/or applications: Type Permit Number Type Hazardous Waste (RCRA) NESHAPS (CAA) UIC (SDWA) Ocean Dumping (MPRSA) NPDES NCO065889 Dredge or fill (Section 404 or CWA) PSD (CAA) Special Order of Consent (SOC) Non -attainment program (CAA) Other 14. APPLICANT CERTIFICATION Permit Number I certify that I am familiar with the information contained in the application and that to the best of my knowledge and belief such information is true, complete, and accurate. i Printed name of Person Signing I Title of Abplicant / Date North Carolina General Statute 143-215.6 (b)(2) states: Any person who knowingly makes any false statement representation, or certification in any application, record, report, plan, or other document files or required to be maintained under Article 21 or regulations of the Environmental Management Commission implementing that Article, or who falsifies, tampers with, or knowly renders inaccurate any recording or monitoring device or method required to be operated or maintained under Article 21 or regulations of the Environmental Management Commission implementing that Article, shall be guilty of a misdemeanor punishable by a fine not to exceed $25,000, or by imprisonment not to 3 of 4 Forth-D 1/06 t NPDES APPLICATION - FORM D For privately owned treatment systems treating 100% domestic wastewaters <1.0 MGD exceed six months, or by both. (18 U.S.C. Section 1001 provides a punishment by a fine of not more than $25,000 or imprisonment not more than 5 years, or both, for a similar offense.) 4 of 4 Form-D 1106 FACT SM FOR PERMIT LIMIT DEVENT Indian Creek Resort NPDES No. NCO065889 Facility Information Applicant/Facility Name: Catatoga at Lake Toxaway WWTP Permitted Flow 0.14 MGD Type of Waste: 100% Domestic County: Jackson Miscellaneous Receiving Stream: Indian Creek Regional Office: ARO Stream Classification: Stream Index Number: C• Tr Quad G7SW -Reid, NC 303(d) Listed?: No Permit Writer: Sergei Chernikov Subbasin: 03-13-02 Date: 3/07/06 Drainage Area (mi2): 4.86 -- -- j ,.f---- --, -s �r Summer 7Q 10 (cfs) 1.4 Winter 7Q10 (cfs): 3.0 Average Stream Flow (cfs): 18 IWC (%) at Permitted Flow: 13.42 SUMMARY Catatoga at Lake Toxaway (Indian Creek Resort) is a golf and retirement community in Transylvania County that is planning a future expansion from their existing 16 units to approximately 400 units. Indian Creek Resort has applied for an expansion .at the Catatoga at Lake Toxaway WWTP. This facility is currently permitted for 0.025 MGD and 0.1 MGD and requests a permitted flow of 0.14 MGD. The EAA for the expansion was approved on 01/06/2006. A level B model was performed to ensure the proposed flows would be protective of the 6 mg/L instream D.O. standard. Based on the results of this model, secondary BOD limits will be sufficiently protective, with ammonia limits instituted based on toxicity. PROPOSED SCHEDULE FOR PERMIT ISSUANCE: Draft Permit to Public Notice: March 15, 2006 (est.) Permit Scheduled to Issue: May 8, 2006 (est.) STATE CONTACT: If you have any questions on. any of the above information or on the attached permit, please contact Sergei Chernikov at (919) 733-5038 ext. 594. REGIONAL OFFICE COMMENT: NAME: DATE: Indian Creek Resort — NCO065889 Level B Model Page .1 4b State of North Carolina Department of Environment and Natural Resources Division of Water Quality Michael F. Easley, Governor William G. Ross, Jr., Secretary Alan W. Klimek, P.E., Director March 17, 2003 Mr. James E. Hicks Indian Creek Resort, LLC 1 Indian Creek Drive Lake Toxaway, North Carolina 28747 NCDENR W; APR 1 a 20031,��711 Subject: Authorizatio to ATC No. 0658891 Indian Creek Resort WWTP Transylvania County Dear Mr. Hicks: The Division of Water Quality's NPDES Unit has reviewed your request for an Authorization to Construct improvements at the Indian Creek Resort WWTP. The Division finds the proposed improvements and design to be satisfactory and hereby grants authorization for the following: installation of new chlorine and dechlorination contact chambers, consisting of a TW x TH x 10'3"L prefabricated concrete vault with steel baffles and V-notch weir; relocation of the existing tablet chlorination and dechlorination units to accommodate the new contact chambers; and all related structures, equipment, piping, controls, and other appurtenances, as presented in the approved plans and specifications (enclosed). Authorization is conditioned up the addition of a second baffle within the new chlorine contact chamber in order to reduce short-circuiting of flow through the chamber. This Authorization to Construct is issued in accordance with NPDES Permit No. NC0065889, issued December 31, 2002, and shall be subject to revocation unless the wastewater treatment facilities are constructed in accordance with the conditions and limitations specified in that permit and this ATC. Upon completion of construction and submittal of an acceptable Engineer's Certification (see below), the approved design capacity of the facility shall remain at 0.025 MGD. In the event that the facilities fail to perform satisfactorily, including the creation of nuisance conditions, the Permittee shall take immediate corrective action, including those as may be required by this Division, such as the construction of additional or replacement wastewater treatment or disposal facilities. Notification Requirements The Permittee shall notify the Asheville Regional Office, telephone number (828) 251-6208, at least forty-eight (48) hours in advance of operation of the installed facilities, so that an in -place inspection can be made. Such notification to the regional supervisor shall be made during the normal office hours of 8:00 a.m. until 5:00 p.m. on Monday through Friday, excluding State Holidays. 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Telephone (919) 733-5083 FAX (919) 733-0719 An Equal Opportunity Affirmative Action Employer On the Internet at http://h2o.enr.state.nc.us/NPDES .� w ATC No. 065889A01 Indian Creek Resort WWTP Engineering Certification Upon completion of construction and prior to operation of the modified facility, the Permittee shall provide the Division with a certification from a professional engineer registered in North Carolina certifying that the permitted facility has been installed in accordance with the NPDES Permit, this Authorization to Construct, and the approved plans and specifications. The certification should be mailed to the NPDES Unit,1617 Mail Service Center, Raleigh, North Carolina 27699-1617. ORC Requirements The Permittee must continue to employ a certified wastewater treatment plant operator in responsible charge (ORC) of the wastewater treatment facilities. The operator must hold a certificate of the type and grade at least equivalent to or greater than the classification assigned to the wastewater treatment facilities by the Certification Commission. The Permittee must also employ a certified back-up operator of the appropriate type and grade to comply with the conditions of Title 15A, Chapter 8G, .0200. The ORC of a facility must visit the facility at least weekly (Class I) or at least daily, excluding weekends and holidays (Class H, III, and IV); and must properly manage and document daily operation and maintenance of the facility and comply with all other conditions of Title 15A, Chapter 8G, .0200. Additional Conditions The Operational Agreement between the Permittee and the Environmental Management Commission is incorporated herein by reference and is a condition of this Permit. Noncompliance with the terms of the Operational Agreement shall subject the Permittee to all sanctions provided by G. S. 143-215.6 for violation of or failure to act in accordance with the terms and conditions of this Permit. Failure to abide by the requirements contained in this Authorization to Construct may subject the Permittee to an enforcement action by the Division of Water Quality in accordance with North Carolina General Statute 143-215.6A to 143-215.6C. The issuance of this Authorization to Construct does not relieve the Permittee from its responsibility to comply with any and all statutes, rules, regulations, or ordinances that may be imposed by other government agencies (local, state, and federal) which have jurisdiction. The Permittee shall maintain a copy of the approved plans and specifications on file for the life of the facility. If you have any questions about this Authorization to Construct, please contact Mike Templeton, at (919) 733-5083, extension 541. Sincerely, 91-e- Alan W. Klimek, P.E. Enclosures: Engineer's Certification Form Copies: Mr. Paul Lewis (w/ enclosure) - Goldie & Associates 210 W. North Second Street Seneca, SC 29678 Asheville Regional Office, Water Quality Technical Assistance and Certification Unit Central Files NPDES Unit Files State of North Carolin Department of Environment and Natural Resources Division of Water Quality Michael F. Easley, Governor William G. Ross, Jr., Secretary Alan W. Klimek, P.E., Director Mr. Jim Hicks Catatoga 1 Indian Creek Drive Lake Toxaway , North Carolina 28747 Dear Mr. Hicks: 4u� • 1 • NCDENR October- 18, 2002 9012 9 L j �uu� Subject: ATC Request Acknowledgment NPDES Permit NCO065889 ATC Number 065889AOI Catatoga WWTP 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 NC0065889. This application has been assigned the number highlighted above. Please be aware that the Division's regional 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. Teresa Rodriguez at (919) 733-5083, extension 595. PLEASE REFER TO THE ABOVE APPLICATION NUMBER WHEN MAKING ANY INQUIRIES ABOUT THIS APPLICATION. cc: U r-k'0Mle-rR?egivona1Office NPDES Unit Permit File Paul Lewis, P.E. Sincerely, Id ojv� David A. Goodrich Supervisor, NPDES Unit Goldie & Associates 210 W. North Second Street Seneca, SC 29678 'P.O. Box 29535, Raleigh, North Carolina 27626-0535 An Equal Opportunity Affirmative Action Employer Telephone 919-733-5083 FAX 919-733-0719 50% recycled/ 10% post -consumer paper GOLDIE ASSOCIATES engineering, environmental and laboratory services September 27, 2002 Ms. Kerry Becker NCDENR Water Quality Section 59 Woodfin Place Asheville, NC 28801 Re: Catatoga WWTP Disinfection System Permit NCO065889 Transylvania County Dear Ms. Becker, ❑ 210 W. North Second St., Seneca, SC 25678 (864) 882-8194 • Fax (864) 882-0851 ❑ 111-B Anderson Ave., Anderson, SC 29625 (864) 505-4039 ❑ 1572 Zion Church Pd., Hartwell, GA 3@643 (706) 244-0743 2J,02 ID d i' OCT 1 1 2002 In response to the letter from Forest Westall. of June 27, 2002 regarding the installation of a chlorine contact chamber for the above referenced WWTP, we are requesting an Authorization to Construct for the following modifications: 1. Installation of a 520 gallons chlorine contact chamber with 30 minutes of contact time at design capacity of 25,000 gpd. The chlorine tablet feeder is existing. 2. Installation of a dechlorination contact chamber with 1 minute of contact time at design flow. Only 17.4 gallons capacity is needed; however the actual capacity is 120 gallons. The existing dechlorination tablet feeder will be relocated. 3. Installation of a 22.5° V-notch weir. Though not required, this will enable the operator to evaluate flows at the plant. No secondary flow measurement device is planned at this time. We have included: a) Letter designating Goldie & Associates as authorized representatives b) Three sets of plans stamped "Final Plans Not for Construction" c) Three sets of standard specifications. d) Two sets of Design Calculations e) Two copies of a Flow Schematic. f) Construction Sequence Plan. do N If you have other question or comments or if we can be of further assistance, please let us know. Sincerely, GOLDIE & ASSOCIATES 0 Paul Lewis, P.E. CC: Mr. Cal Ersness, Catatoga Mr. Perry Stancil, G&A a w LUf�r' Calculations Catatoga Chlorine Contact Chamber September 27, 2002 Goldie & Associates Project 663.4 Permitted Flow = 25,000 gpd Required chlorine contact time = 30 minutes at permitted flow Chlorine Contact Chamber Capacity 25,000 apd x 30 minutes = 520 gallons = 69.5 cubic feet 1440 minute/day Chlorine Contact Chamber Length Depth = 3 ft. Width = 4 ft. Length = Capacity / (Depth x width) Length = 69.5 / (3 x 4) = 5.79 feet = 5' 10" Required dechlorination time = 1 minute at 25,000 gpd = Dechlorination Contact Chamber Capacity 25,000 gpd x 1 minutes = 17.4 gallons = 2.3 cu. Ft. 1440 minute/day Dechlorination Contact Chamber Length Depth = 2 ft. Width = 4 ft. Length = 2.3/ (2x4) = 0.3 ft = 3.5 inches Actual length = 2.0 ft Actual Capacity = 2 x 4 x 2 = 16 cubic feet = 120 gallons Required weir capacity = 25,000 gpd x 2.5 peaking factor = 62,500 gpd 22 %0 Weir capacity = 320,000 gpd for 1 ft deep weir El I May 29, 2002 Mr. Charles H. Weaver,3r. NC DENR / DWQ / NPDES Unit 1617 Mail Service Raleigh, NC 27699-1617 Re: NPDES 4 NCO065889 Permit Renewal Dean Mr. Weaverjr., OLDIE ASSOCIATES engineering, environmental and laboratory services Enclosed please find all the items that are required for the NPDES permit renewal far the above referenced system. Since the issuance of the last permit, the name has been changed from Falls Racquet Club to Indian Creek Resort, LLC, PBA Catatoga. Also, Chlorination has -replaced the UV radiation for disinfection. Dechlorination is also now part of the system. As you are well aware, this renewal is being sent in late and any assistance -you could give us in expediting its approval will be greatly appreciated. Thank you for the time and assistance you have already provided to us concerning this matter. If you have any questions or if I need to do anything else, please call me to at 866-882-8194. Sincerely, L IE & AS lA TE 5 Perry E Stancil Project Manager 0U r 210-A W. North Second Street - Seneca, South Carolina 29678 - Phone (864) 882-8194 - FAX (864) 882-0851 do - w GOLDIE May 29, 2002. & ASSOCIATES engineering, environmental and laboratory services Mr. Charles H. Weaver,Jr. NC DENR / DWQ / NPDES Unit 1617 Mail Service Raleigh, NC 27699-1617 Re: NPDES # NCO065889 Sludge and Solids Management Dear Mr. Weaver,Jr., Any sludge or solids that are produced as a part of this wastewater treatment operation will be removed by a licensed hauler and transported to a facility for proper treatment and disposal. If you have any questions or if I need to do anything else, please call me toll -free at 866- 882-8194. Sincerely, G IE &ASS TES L Perry E. Staheil Project Manager 210 A W. North Second Street - Seneca, South Carolina 29678 - Phone (864) 882-8194 - FAX (864) 882-0851 of wArE9 CO r NCDENR o Paul Demick, CFO Vanguard Properties 1 Indian Creek Drive Lake Toxaway, North Carolina 28747 Dear Mr. Demick: 1►t.Tiii1 May 19, Michael F. Easley Governor .William_G._.Ross, Jr., Secretary Depa q rhent of Envir'onm_ent=and Natural Resources �L ! V/ LL Alan V '�Y 2 4 2006 I L i WATER QUALITY SECTION ASHEVILLF_ REGIONAL OFFICE nek, P.E., Director n of Water Quality Subject: Issuance of NPDES Permit NCO065889 Catatoga at Lake Toxaway Transylvania County Division personnel have reviewed and approved your application for renewal of the subject permit. Accordingly, we are forwarding the attached NPDES discharge permit. This permit is issued pursuant to the requirements of North Carolina General Statute 143-215.1 and the Memorandum of Agreement between North Carolina and the U.S. Environmental Protection Agency dated May 9, 1994 (or as subsequently amended). This final permit includes no major changes from the draft permit sent to you on March 15, 2006. If any parts, measurement frequencies or sampling requirements contained in this permit are unacceptable to you, you have the right to an adjudicatory hearing upon written request within thirty (30) days following receipt of this letter. This request must be in the form of a written petition, conforming to Chapter 150B of the North Carolina General Statutes, and filed with the Office of Administrative Hearings (6714 Mail Service Center, Raleigh, North Carolina 27699-6714). Unless such demand is made, this decision shall be final and binding. Please note that this permit is not transferable except after notice to the Division. The Division may require modification or revocation and reissuance of the permit. This permit does not affect the legal requirements to obtain other permits which may be required by the Division of Water Quality or permits required by the Division of Land Resources, the Coastal Area Management Act or any other Federal or Local governmental permit that may be required. If you have any questions concerning this permit, please contact Sergei Chernikov at telephone number (919) 733-5083, extension 594. Sincerely, Alan W. Klimek, P.E. cc: Central Files NPDES Files 1,1*she le e ono �1 iceurfac to aroteetion e' e�iart�r„ N. C. Division of Water Quality / NPDES Unit Phone: (919) 733-5083 1617 Mail Service Center, Raleigh, NC 27699-1617 fax: (919) 733-0719 Internet: h2o.enr.state.nc.us DENR Customer Service Center: 1 800 623-7748 Permit NCO065889 STATE OF NORTH CAROLINA . . DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY PERMIT TO DISCHARGE WASTEWATER UNDER THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM In compliance with the provision of North Carolina General Statute 143-215.1, other lawful standards and regulations promulgated and adopted by the North Carolina Environmental Management Commission, and the Federal Water Pollution Control Act, as amended, Jim Austell is hereby authorized to discharge wastewater from a facility located at the Indian Creek Resort, LLC WWTP U.S. Highway 64 west of Rosman: Transylvania County to receiving waters designated as Indian Creek in the Savannah 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 July 1, 2006 This permit and authorization to discharge shall expire at midnight on August 31, 2007. Signed this day May 19, 2006. .- Al W. Klimek, P.E., Director Dififsion of Water Quality By Authority of the Environmental Management Commission Permit NCO065889 SUPPLEMENT TO PERMIT COVER SHEET All previous NPDES Permits issued to this facility, whether for operation or discharge are hereby revoked. As of this permit issuance, any previously issued permit bearing this number is no longer effective. Therefore, the exclusive authority to operate and discharge from this facility arises under the permit conditions, requirements, terms, and provisions included herein. Mr. Jim Austell -is hereby authorized to: 1. Continue to operate an existing 0.025 MGD extended aeration wastewater treatment system with the following additional components: ♦ UV disinfection The facility is located west of Rosman at Indian Creek Resort off U.S. Highway 64 in Transylvania County. 2. After receiving an Authorization to Construct from the Division of Water Quality, construct the necessary facilities to increase plant capacity to 0.14 MGD, and 3. Discharge from said treatment works at the location specified on the attached map into Indian Creek, classified C-Trout waters in the Savannah River Basin. 40 0 Permit NC0065889 A. (1.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS (0.025 MGD) During the period beginning on the effective date of this permit and lasting until expansion above 0.025 MGD or expiration, the Permittee is authorized to discharge from outfall 001. Such discharges shall be limited and monitored by the Permittee as specified below: CHARACTERISTICS LIMITS°MONITORING REQUS IREMENT Monthly < Average.. _ '% Weekly 'i4verage, . Daily° fNaximum, Measurement Frequency Sample Type Sample Location ; Flow 0.025 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 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 Total Nitrogen (NO2+NO3+TKN) Semi -Annually Composite Effluent Total Phosphorus Semi -Annually Composite Effluent pH2 Weekly Grab Effluent Footnotes: 1. Total Residual Chlorine limit and monitoring is required only if chlorination/dechlorination unit is used. 2. The pH shall not be less than 6.0 standard units nor greater than 9.0 standard units. There shall be no discharge of floating solids or visible foam in other than trace amounts Ll Permit NCO065889 A. (2.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS (0.14 MGD) During the period beginning upon expansion above 0.025 MGD 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 x`MQNITORING:,RERUIREMENTS `Sample Monthly rA`verage Weekly Average Daily ,.:,Maximum Measurement µ Frequency :' Type ;. N„° ,.'a Sample .. <:L'ocatiori= , Flow 0.14 MGD Weekly Instantaneous Influent or Effluent BOD, 5-day (20°C) 30.0 mg/L 45.0 mg/L Weekly Composite Effluent Total Suspended Residue 30.0 mg/L 45.0 mg/L Weekly Composite Effluent NH3 as N (April 1- October 31 6.0 mg/L 30.0 mg/L Weekly Composite Effluent NH3 as N November 1 - March 31 23.5 mg/L 35.0 mg/L Weekly Composite 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 Total Nitrogen (NO2+NO3+TKN) Semi -Annually Composite Effluent Total Phosphorus Semi -Annually Composite Effluent pH2 Weekly Grab Effluent Footnotes: 1. The Total Residual Chlorine limit and monitoring is required only if chlorination/dechlorination unit is used. 2. The pH shall not be less than 6.0 standard units nor greater than 9.0 standard units. There shall be no discharge of floating solids or visible foam in other than trace amounts r OF W ATF9 Michael F. Easley Governor y William G. Ross, Jr., Secretary [ NCDENR North Carolina Departent.of-Environment and- Natural.Resources j" 1 AI4fi V1(. K mek'PiE:)`Director � Y I —`-`-DiGIsion of Water Quality '[ /) January 6, 2006 J�N- 9 20CS 's WATER QUALITY SECTION Mr. Paul Lewis, P.E. ASHEVILLE REGIOhIA,L OFFICE 210 W. North Second Street Seneca, South Carolina 29678 Subject: EAA Review NPDES Permit NCO065889 Catatoga at Lake Toxaway Transylvania County Dear Mr. Lewis: The Division of Water Quality (Division) has reviewed your Engineering Alternative Analysis (EAA) for Catatoga at Lake Toxaway. The Division concurs with the conclusions and recommendations of the EAA. The EAA you have submitted is sufficient to meet the Alternative Analysis requirements for an expanded discharge. The Division will proceed to modeling of the proposed discharge. After the model is completed and effluent limits are calculated the new draft permit will be publicly notice in a regional newspaper. The entire modeling and permitting process may take between 60 and 120 days. If the draft permit causes significant protests from local citizens, governmental organizations, and/or environmental groups a public hearing may be scheduled and issuance of the final permit may be further delayed. In some cases the Division may deny the request for expansion based on the public hearing results. Therefore, you may want to consider expansion to 0.1 MGD instead of 0.14 MGD since the former flow is already permitted. If you have any questions concerning this issue, please contact me at telephone number (919) 733-5083, extension 594. Sincerely, F c /gei Chernikov, Ph.D. Environmental Engineer II NPDES-West cc: Central Files NPDES Permit File_ __ c_ Asheville Regiona bffi`e /-SurfiEe Water--P-r6fe-aioii Paul Demick, CFO Vanguard Properties 1 Indian Creek Dr. Lake Toxaway, NC 28747 N, C. Division of Water Quality 1 NPDES Unit Phone: (919) 733-5083 1617 Mail Service Center, Raleigh, NC 27699-1617 fax: (919) 733-0719 Internet: h2o.enr.state.nc.us DENR Customer Service Center: 1 800 623-7748 N 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 Surface Water Protection Section Mr. Mike Thomas Transylvania County Office of Planning and Economic Development PO Box 1578 Brevard, NC Dear Mr. Thomas: August 2, 2005 Subject: Indian Creek Resort, LLC Catatoga at Lake Toxaway Wastewater Treatment Plant NPDES permit NCO065889 Transylvania County The subject wastewater treatment plant is currently permitted for 25,000 gallons per day. This capacity is sufficient to treat the wastewater generated from the existing 13 homes (2-3 bedrooms each), the maintenance shop, the office and the clubhouse. The additional 44 homes (2-3 bedrooms) would contribute an additional flow of approximately 15,840 gpd. This is based on 3 bedrooms x 44 homes x 120 gallons per bedroom per day. Therefore, the wastewater treatment has sufficient capacity for the existing homes, as well as, the expansion of the development by 44 homes. Should you have any questions, please feel free to contact me at 828-296-4500. Sincerely, P, C�4e,�& Wanda P. Frazier Environmental Specialist xc: Paul Lewis — fax 864-882-0851 one NorthCarolina ;Vatura!!y North Carolina Division of Water Quality 2090 US Highway 70 Swannanoa, NC 28778 Phone (828) 296-4500 Customer Service 1-877-623-6748 FAX (828) 299-7043 Internet: h2o.enr.state.nc.us An Equal Opportunity / Affirmative Action Employer — 50% Recycled / 10% Post Consumer Paper NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Governor Mr. Brook Cole Coleen H. Sullins Director September 30, 2010 rF .v- Merrill Trust Communities & Resorts, LLC 3575 Piedmont Road Building 15, Suite L120 Atlanta, Georgia 30326 SUBJECT: Dear Mr. Cole: 1� E U E. OCT — 4 2010 IL'--) %IVA i -R OuALiTY SECSiON �1SttEVILLE Rr�G!ONAL OFFICE Authorization to Construct A to C No. 065889A03 Merrill Trust Communities & Resorts, LLC Indian Creek Resort WWTP-E� Transylvania County A letter of request for an Authorization to Construct was received January 25, 2010, by the Division of Water Quality (Division), and final plans and specifications for the subject project have been reviewed and found to be satisfactory. Authorization is hereby granted for the construction of modifications to the existing 0.025 MGD Wastewater Treatment Plant, with discharge of treated wastewater into the Indian River in the Savannah River Basin. This authorization results in an increase in design and permitted capacity to 0.070 MGD, and is awarded for the construction of the following specific modifications: Installation of a new manual bar screen, flow splitter box; two (2) 20,000 gallon concrete flow equalization tanks with one (1) 160 scfm flow equalization tank blower and one (1) 156 gpm flow equalization pump; two (2) r70,000 gallon concrete aeration tanks with three (3) 430 scfm aeration tank blowers; four (4) 12-ft sidewater depth 8-ft x 8-ft surface area clarifiers, two (2) airlift PAS pumps, two (2) airlift WAS pumps; two (2) 20,000 gallon sludge tanks, effluent flow measurement weir, ultrasonic flow meter; single channel dual bank UV disinfection unit with a peak flow rate of 195 gpm; two (2) 160 gpm effluent pumps; 100 kW standby generator and a 24-ft x 24-ft building, in conformity with the project plans, specifications, and other supporting data subsequently filed and approved by the Department of Environment and Natural Resources. 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 One Location: 512 N. Salisbury St: Raleigh, North Carolina 27604 NorthCarolina Phone: 919-807-63001 FAX: 919-807-64921 Customer Service: 1.877-623-6748 n // Internet: www.ncwaterquality.org l ��at�r[ i Li �/ An Equal Opportunity 1 Affirmative Action Empioyer f� �/ Mr. Brook Cole September 30, 2010 Page 2 This Authorization to Construct is issued in accordance with Part III, Paragraph A of NPDES Permit No. NC0065889 - issued April 1, 2009, and shall be subject to revocation unless the wastewater treatment facilities are constructed in accordance with the conditions and limitations;,specified.in Permit No. NC0065889. The sludge generated from these treatment facilities must be disposed of in accordance with G.S. 143-215.land in a manner approved by the Division. In the event that the facilities fail to perform satisfactorily, including the creation of nuisance conditions, the Permittee shall take immediate corrective action, including those as may be required by the Division, such as the construction of additional or replacement wastewater treatment or disposal facilities. The Asheville Regional Office, telephone number (828)_ 296-4500, shall be notified at least forty-eight (48) hours in advance of operation of the installed facilities so that an on site inspection can be made. Such notification to the regional supervisor shall be made during the normal office hours from 8:00 a.m. until 5:00 p.m. on Monday through Friday, excluding State Holidays. Upon completion of construction and prior to operation of this permitted facility, a certification must be received from a professional engineer certifying that the permitted facility has been installed in accordance with the NPDES Permit, this Authorization to Construct and the approved plans and specifications. Mail the Certification to: Construction Grants & Loans, DWQ/DENR, 1633 Mail Service Center, Raleigh, NC 27699-1633. Upon classification of the facility by the Certification Commission, the Permittee shall employ a certified wastewater treatment plant operator to be in responsible charge (ORC) of the wastewater treatment facilities. The operator must hold a certificate of the type and grade at least equivalent to or greater than the classification assigned to the wastewater treatment facilities by the Certification Commission. The Permittee must also employ a certified back-up operator of the appropriate type and grade to comply with the conditions of T15A:8G.0202. The ORC of the facility must visit each Class I facility at least weekly and each Class II, III and IV facility at least daily, excluding weekends and holidays, must properly manage the facility, must document daily operation and maintenance of the facility, and must comply with all other conditions of T15A:8G.0202. A copy of the approved plans and specifications shall be maintained on file by the Permittee. for the life of the facility. Mr. Brook Cole September 30, 2010 Page 3 During the construction of the proposed additions/modifications, the permittee shall continue to properly maintain and operate the existing wastewater treatment facilities at all times, and in such a manner, as necessary to comply with the effluent limits specified in the NPDES Permit. You are reminded that it is mandatory for the project to be constructed in accordance with the North Carolina Sedimentation Pollution Control Act, and when applicable, the North Carolina Dam Safety Act. In addition, the specifications must clearly state what the contractor's responsibilities shall be in complying with these Acts. Prior to entering into any contract(s) for construction, the recipient must have obtained all applicable permits from the State. Failure to abide by the requirements contained in this Authorization to Construct may subject the Permittee to an enforcement action by the Division in accordance with North Carolina General Statute 143-215.6A to 143-215.6C. The issuance of this Authorization to Construct does not preclude the Permittee from complying with any and all statutes, rules, regulations, or ordinances which may be imposed by other government agencies (local, state, and federal) which have jurisdiction. One (1) set of approved plans and specifications is being forwarded to you. If you have any questions or need additional information, please contact Seth Robertson, P.E. at telephone number (919) 715-6206. Sincerely, ;�'OColeen H. Sullins SWC:sr cc: Paul Lewis, P.E., Goldie & Associates, 210 West N. Second St., Seneca, SC 29678 Translyvania County Health Department � Asheville -Regional_ Yffice;._S.urfa ter -Protection Technical Assistance and Certification Unit Point Source Branch, NPDES Program Steve Coffey, P.E. ATC File 065889A03 Merrill Trust Communities & Resort, LLC A To C No. 065889A03 Issued September 30, 2010 Engineer's Certification I, , as a duly registered Professional Engineer in the State of North Carolina, having been authorized to observe (periodically/weekly/full time) the construction of the modifications and improvements to the Indian Creek Resort WWTP, located on U.S. Highway 64 in Transylvania County for Merrill Trust Communities & Resorts, LLC, hereby state that, to the best of my abilities, due care and diligence was used in the observation of the following construction: Installation of a new manual bar screen, flow splitter box; two (2) 20,000 gallon concrete flow equalization tanks, one (1) 160 scfm flow equalization tank blower, one (1) 98 gpm flow equalization pump; two (2) 70,000 gallon concrete aeration tanks, three (3) 430 scfm aeration tank blowers; four (4) 12-ft sidewater depth 8-ft x 8-ft surface area clarifiers, two (2) airlift RAS pumps, 2 (two) airlift WAS pumps; 2 (two) 20,000 gallon sludge tanks, effluent flow measurement weir, ultrasonic flow meter; single channel dual bank UV disinfection unit with a peak flow rate of 195 gpm; 2 (two) 160 gpm effluent pumps; 100 kW standby generator and a 24-ft x 24-ft building, in conformity with the project plans, specifications, and other supporting data subsequently filed and approved by the Department of Environment and Natural Resources. I certify that the construction of the above referencedproject was observed to be built within substantial compliance and intent of the approved plans and specifications. We understand that the new limits associated with the modifications to expand to 0.070 MGD now apply. Signature Date Registration No. Send to: Construction Grants & Loans DENR/DWQ 1633 Mail Service Center Raleigh, NC 27699-1633 April 2, 2009 Ms. Brook Cole Merrill Trust Communities & Resorts, LLC 3340 Peachtree Road, NE Suite 2200 Atlanta, Georgia 30326 SUBJECT: Dear Ms. Cole: Beverly Eaves Perdue, Governor Dee'Freeman";rsecretary North Carolina Department of Environment and Natural Resources Coleen H�Sulins;- Director uDi�,isi--' f Wkt r'')Quality Request for Additional Information Merrill Trust Communities & Resorts, LLC Indian Creek Resort WWTP WWTP Improvements ATC No. 065889A02 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, Seth Robertson, P.E., Supervisor 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 ws�i�e eogoxmal�fF,e� Daniel Blais e , P.E. Steve Coffey, P.E. ATC File No. 065889A02 Construction Grants and Loans Section 1633 Mail Service Center Raleigh NC 27699-1633 Phone: 919-733-6900 / FAX: 919-715-6229 / Internet: www.nccgl.net An Equal Opportunity/Affirmative Action Employer — 50% Recycled/10% Post Consumer Paper NorthCarolina Naturally Construction Grants & Loans Section Design Management Unit Merrill Trust Communities & Resorts, LLC Indian Creek Resort WWTP WWTP Improvements ATC No. 065889A02 Transylvania County Request for Additional Information General Comments 1. Provide three (3) copies of the revised plans and specifications with written responses to all review comments. 2. On the cover sheet of plans and specifications provide the name "Indian Creek Resort WWTP" as shown on the NPDES permit (NC0065889). 3. Based upon our understanding of the application received, an Authorization to Construct for a 140,000 GPD facility is being requested at this time. A separate Authorization to Construct must be obtained prior to the construction of the second phase of the project. 4. The detention time of each aerobic reactor must be 24 hours. As designed, the detention time is 14.4 hours for each aerobic reactor. Resolve this conflict. 5. Tertiary filters are recommended for this plant. Submit completed plans and specifications. 6. Provide a construction sequence plan. 7. Provide complete plans and specifications for post -aeration. 8. Clarify if plant effluent reaches outfall via gravity or forcemain. 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. The calculated air flow for the aeration basins is below the theoretical flow. Also, the calculated air flow for the flow equalization basins is above that recommended by 10 States Standards. Resolve this conflict. 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. 7. The UV system must be able to treat the peak flow (2.5 x ADF) with one bank out of service. Resolve this conflict. 8. Provide calculations for the proposed generator that includes all necessary equipment. 9. The calculated sludge volume does not agree with the theoretical value. Resolve this conflict. Review of Plans 1. Show the nearest 100-year flood elevation on the site plan. 2. Show legible contours on the final grading plan (sheet C-1). 3. Provide a plan view flow diagram from headworks to discharge. 4. Provide a detail for the bar screen and influent flow splitter. 5. 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, malting internal piping and pumps difficult to see. 6. Provide hydraulic profile of design flow and also peak hourly flow with one treatment train out of service. 7. An effluent gravity forcemain is shown on sheet C-2. Please explain. 8. Provide calculations, plans and specifications for effluent pump station (Sheet C-9). 9. 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. 10. Is there a flow through pipe between digestor tank #3 and flow equalization tank #4 (sheet C-3)? Please explain. 11. Show the location of the required backflow preventer on the potable water lines. 12. Provide detail for effluent line showing uniform slope and straight alignment between manholes. 13. Provide a detail for the proposed discharge structure. 14. Provide a detail for the transfer connection between modular tanks. 15. The typical separation between tanks as shown on the plans does not account for the addition of the required concrete lip. Provide a site specific detail. 16. Provide detail of generator fuel tank and accommodation for fuel containment. 17. Provide details for all weather road access. Review of Specifications 1. Provide details for abandonment of existing WWTP. 2. Specify design dead loads 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. Beverly Eaves Perdu Governor A7i'otlh. MCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality e Coleen H. Sullins Director r� February 26, 2009 ERNIE WIKE STAFF ENGINEER EIT GOLDIE AND ASSOCIATES 210 W NORTH SECOND STREET SENECA SC 29678 Dee Freeman r — JGI,I G U LE Ali I F E B 2 7 2009 j WATER QUALITY SECTION ASHEVILLE REGIONAL OFFICE Subject: Acknowledgement of Permit Modification Request for NCO065889 Indian Creek Resort, LLC Indian Creek Resort WWTP Transylvania County Dear Mr. Wike: The Division of Water Quality acknowledges receipt of your permit modification request and has assigned it to a reviewer. The reviewer will perform a detailed review and contact you with a request for additional information if necessary. To ensure the maximum efficiency in processing permit applications, the Division requests your assistance in providing a timely and complete response to any additional information requests. Please note at this time, processing permit applications can take as long as 60 — 90 days after receipt of a complete application. If you have any questions, please contact Robert Sledge at 919-807-6398, or via email at bob.sledge@ncmail.net. If the reviewer is unavailable, you may leave a message, and they will respond promptly. PLEASE REFER TO THE ABOVE APPLICATION NUMBER WHEN MAKING INQUIRIES ON THIS PROJECT. Sincerely, Dina Sprinkle Cc: Central Files As: hevitlll Rig=ill Office Surface Water Protection Section Permit application file NCO065889 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Location: 512 N. Salisbury St. Raleigh, North Carolina 27604 Phone: 919-807-63001 FAX: 919-807-64921 Customer Service: 1-877-623-6748 Internet: www.ncwaterquality.org An Equal Opportunity\ Affirmative Action Employer Nne orthCarolina 1. . . J February 18, 2009 Mr. Bob Sledge Environmental Specialist Division of Water Quality NPDES Unit 1617 Mail Service Center Raleigh, North Carolina 27699 —1617 RE: Catatoga at Lake Toxaway WWTP NPDES #NC0065889 Goldie & Associates 663.10.2 Dear Mr. Sledge, GOLDIE ASSOCIATES engineering, environmental and laboratoi y services Per our phone conversation on the 16th of February, I am writing to request a modification to NPDES permit # NCO065889 for the Indian Creek Resort WWTP. We would like the 6.14MGD allowance for the maximum daily discharge to be modified to allow for a 0.07MGD phase in addition to the final 0.14MGD discharge permit. We are requesting to keep the same treatment limits as in the original 0.14MGD permit for both steps. Thanks, GOLDIE & A SOCIATES Ernie Wike Staff Engineer, E.I.T. Goldie & Associates (864) 882-8194 RECEIVED DENR - WATER QUALITY POINT SOURCE BRANCH 210 W North Second Street 0 Seneca, South Carolina 29678 9 Phone (864) 882-8194 • Fax (864) 882-0851 January 22, 2009 MEMORANDUM V1Beverly Eaves Perdue, Governor Dee Freeman, Secretary North Carolina Department of Environment and Natural Resources TO: Roger Edwards, Regional Water Quality Supek7i Asheville Regional Office, Division of Water I u FROM: `5�"_teve Coffey, P.E., Project Review Engineer Design Management Unit n' SUBJECT: Request for an Authorization to Construct Merrill Trust Communities & Resorts, LLC, Indian Creek Resort WWTP f., Division of Water 6uality D I �a J A N 2 6 2009 ty WATER QUALITY SECTION ' ASHEVILLE REGIONAL OFFICE NPDES Permit No. NCO065889 Plans, specifications and supporting documents have been received for the subject proj ect. Iimis".q_u —t—ed that�cgni _ _ •ntsiian ciffcanrmgwth, iex emsxl sted.lztA&,w,; be t<ecei�eci�byjl�cbr=uaryg2�3�200-9�o�n�the Re 'o a a®ffee�Staff: Compliance With NC Well Construction Standards Groundwater Comments X _Recommendations for inclusion in the Authorization to Construct Recommendations for inclusion in the Non Discharge Permit Schedule for Issuance of the NPDES Permit SOC, or Other Schedules Which Must be Met Standby Power Needs Status of Stormwater Permit Plan documents are submitted as follows for your reference, review, and comments on the above items: _X _Plans and Specifications Subsurface/Soils Report Power Outage Information Other If you have any questions, please contact me at (919) 715-6222. Attachment swc cc: Steve Coffey, P.E. ATC File No. 065889A02 Construction Grants and Loans Section 1633 Mail Service Center Raleigh NC 27699-1633 Phone: 919-733-6900 / FAX: 919-715-6229 / Internet: www.nccgl.net An Equal Opportunity/Affirmative Action Employer — 50% Recycled/10% Post Consumer Paper No thCarohna Naturally NCO065889 Subject: NCO065889 From: Roy Davis <Roy.Davis@ncmail.net> Date: Wed, 28 Jan 2009 15:59:06 -0500 To: Steve Coffey <Steve.Coffey@ncmail.net>, roy.davis@ncmail.net Steve: The ARO is aware of no special conditions which should be included in the requested A to C for the Indian Creek Resort WWTP. Regards, Roy Davis Roy Davis - Roy. Davis@ncmail.net North Carolina Dept. of Environment and Natural Resources Asheville Regional Office Division of Water Quality - Water Quality Section 2090 U.S. 70 Highway Swannanoa, NC 28778 Tel: 828-296-4500 Fax: 828-299-7043 Roy Davis <Roy.Davis(a),ncmail.net> NC DENR - Asheville Regional Office Division of Water Quality - Water Quality Section 1 of 1 1/28/2009 3:59 PM VqATF9 Beverly Eaves Perdue, Gover Dee Freeman, Secretary CO r✓ North Carolina Department of Environment and Natural Resources > p Coleen H. Sullins, Director Division of Water Quality January 22, 2009 y �. Ms. Brook Cole Merrill Trust Communities.& Resorts, LLC 3340 Peachtree Road, NE Suite 2200 Atlanta, Georgia 30326 SUBJECT: Dear Ms. Cole: fj > LI J A N 2 6 2009 t WA. ER QUALITY SECTION -SHFVILLE REGIONAL OFFICE Acknowledgement of Request for an Authorization to Construct Merrill Trust Communities & Resorts, LLC Indian Creek Resort WWTP WWTP Improvements NPDES Permit No. NCO065889 The Construction Grants and Loans Section received your request for an Authorization to Construct and the supporting documentation on December 23, 2008. We will notify you and your engineer upon completion of our review. Your project has been assigned to Steve Coffey, P.E. He can be reached at (919) 715-6222. If you have any questions concerning this matter, please contact me at (919) 715-6206. Si Icerely, y f �� G�. eth Robertson, P.E., pe is � Construction Grants and Loans Section Design Management Unit swc/dr cc: Paul Lew ts P.E Goldie & Associates, 210 West N. Second St., Seneca, SC 29678 WN slae, ti lc Rc ,to 15al &afl WQ Central Files Steve Coffey, P.E. ATC File No. 065889A02 Construction Grants and Loans Section 1633 Mail Service Center Raleigh NC 27699-1633 Phone: 919-733-6900 /.FAX: 919-715-6229 / Internet: www.nccgi.net NorthCarohna Naturally An Equal Opportunity/Affirmative Action Employer— 50% Recycled/10% Post Consumer Paper 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 January 4, 2007 Hugh Nowell 3340 Peachtree Road, Suite 2200 Atlanta, GA 30326 Subject: Receipt of permit renewal application NPDES Permit NCO065889 Catatoga/Indian Creek Resort LLC Transylvania County Dear Mr. Nowell: The NPDES Unit received your permit renewal application on January 4, 2007. We need one additional item in order to process your permit renewal: Solids handling and disposal. How often are solids (sludge) removed from your facility? How are solids disposed after removal? A member of the NPDES Unit will review your application. That staff member will contact you if additional information is required to complete your permit renewal. You should expect to receive a draft permit approximately 30-45 days before your existing permit expires. The requirements in your existing permit will remain in effect until the permit is renewed (or the Division takes other action). If you have any additional questions concerning renewal of the subject permit, please contact me at (919) 733-5083, extension 363. kSincly, I Carolyn Bryant Point Source Branch '?�_ cc: CENTRAL FILES Asheville M-5 Of£L" Surface_ Water_;Protec[ion NPDES Unit or NthCarolina Naturally North Carolina Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Phone (919) 733-7015 Customer Service Internet: h2o.enr.state.nc.us 512 N. Salisbury St. Raleigh, NC 27604 FAX (919) 733-2496 1-877=623-6748 An Equal Opportunity/Affirmative Action Employer— 50% Recycled/10% Post Consumer Paper NPDES APPLICATION - FORM D For privately owned treatment systems treating 100% domestic wastewaters <1.0 MGD Mail the complete application to: N. C. Department of Environment and Natural Resources Division of Water Quality / NPDES Unit 1617 Mail Service Center, Raleigh, NC 27699-1617 NPDES Permit NC0065SS9 If you are completing this form in computer use the TAB key or the up — down arrows to move from one field to the next. To check the boxes, click your mouse on top of the box. Otherwise, please print or type. 1. Contact Information: Owner Name Hugh Nowell Facility Name Catatoga/Indian Creek Resort LLC Mailing Address 3340 Peachtree Road City Atlanta State / Zip Code Georgia/30326 Telephone Number (678)608-1905 Fax Number (404)495-9578 e-mail Address 2. Location of facility producing discharge: Check here if same address as above ❑ Street Address or State Road US Hwy 64 (West of Rosman) City Lake Toxaway State / Zip Code NC 28747 County Transylvania 3. Operator Information: Name of the firm, public organization or other entity that operates the facility. (Note that this is not referring to the Operator in Responsible Charge or ORC) Name Goldie & Associates Mailing Address 210 W. North Second Street City Seneca State / Zip Code SC/29678 Telephone Number (864)882-8194 Fax Number (864)882-0851 0AU 1 0 2007 t 4 .iAV1f, WATER (QUALITY SECTION 1 of L ASHEVILLE REGIONIAL OFFICE Form-01106 NPDES APPLICATION - FORM D For privately owned treatment systems treating 100% domestic wastewaters <1.0 MGD 4. Description of wastewater: Facility Generating Wastewater(check all that apply): Industrial ❑ Number of Employees Commercial ❑ Number of Employees Residential ® Number of Homes 14 School ❑ Number of Students/Staff Other ❑ Explain: Describe the source(s) of wastewater (example: subdivision, mobile home park, shopping centers, restaurants, etc.): Subdivision Population served: 25 S. Type of collection system ® Separate (sanitary sewer only) 6. Outfall Information: ❑ Combined (storm sewer and sanitary sewer) Number of separate discharge points 01 Outfall Identification number(s) 001 Is the outfall equipped with a diffuser? ❑ Yes ® No 7. Name of receiving stream(s) (Provide a map showing the exact location of each outfall). Indian Creek S. Frequency of Discharge: ® Continuous ❑ Intermittent If intermittent: Days per week discharge occurs: Duration: 9. Describe the treatment system List all installed components, including capacity, provide design removal for BOD, TSS, nitrogen and phosphorus. If the space provided is not sufficient, attach the description of the treatment system in a separate sheet of paper. 1. Existing WWTP is a 0.025 mgd entented air plant with aeration, clarification and sludge holding. 2. UV disinfection system- rated for 243 gpm (350,000 gpd) The equipment was believed to be designed for NOD removal: at least 87 percent removal of BOD (based on 250mg/L in and 30 mg/L permit limit.) TSS removal: at least 87 percent removal of TSS (based on 250 mg/L in and 30 mg/L permit limit) Nitrogen: at least 80 percent removal of NH3-N (based on 40 mg/L TEN in and 8 mg/L NFI3-N permit limit) No facilities are in place for removal of nitrate or nitrite nitrogen. Phosphorus: No facilities are in place for removal of phosphorus. 2of4 Form-D V06 NPDES APPLICATION - FORM D For privately owned treatment systems treating 100% domestic wastewaters <1.0 MGD 10. Flow Information: Treatment Plant Design flow 0.025 MGD Annual Average daily flow 0.00083 MGD (for the previous 3 years) Maximum daily flow 0. 00 17 MGD (for the previous 3 years) 11. Is this facility located on Indian country? ❑ Yes ® No 12. Effluent Data Provide data for the parameters listed. Fecal Coliform, Temperature and pH shall be grab samples, for all other parameters 24-hour composite sampling shall be used. Effluent testing data must be based on at least three samples and must be no more than four and one half years old. Parameter Biochemical Oxygen Demand (BODs)mg/l Daily Maximum 7.15 Monthly Averse 3.28 Units of Measurement Number of Samples 4 Fecal Coliform -3 <1.5 #/100m1 4 Total Suspended Solids 10 4.13 mg/l 4 Temperature (Summer) 24.5 22.6 oC 4 Temperature (VfTinter) 4.1 3.7 oC 4 pH 6.9 SU 4 13. List all permits, construction approvals and/or applications: Type Permit Number Type Permit Number Hazardous Waste (RCRA) NESHAPS (CAA) UIC (SDWA) Ocean Dumping (MPRSA) NPDES NCO065889 Dredge or fill (Section 404 or CWA) PSD (CAA) Special Order of Consent (SOC) Non -attainment program (CAA) Other 14. APPLICANT CERTIFICATION 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. U / Hush Nowell Printed name of Person Signing Title a ure of A plicant Date North Carolina General 'Statute 143-215.6 (b)(2) states: Any person who knowingly makes any false statement representation, or certification in any application, record, report, plan, or other document files or required to be maintained under Article 21 or regulations of the Environmental Management Commission implementing that Article, or who falsifies, tampers with, or knowly renders inaccurate any recording or monitoring device or method required to be operated or maintained under Article 21 or regulations of the Environmental Management Commission implementing that Article, shall be guilty of a misdemeanor punishable by a fine not to exceed $25,000, or by imprisonment not to 3of4 Foml)1/06 NPDES APPLICATION - FORM D For privately owned treatment systems treating 100% domestic wastewaters <1.0 MGD exceed six months, or by both. (18 U.S.C. Section 1001 provides a punishment by a fine of not more than $25,000 or imprisonment not more than 5 years, or both, for a similar offense.) 4 of 4 Form-D 1/06 Oft -1fte - FACT SHEET FOR WASTELOAD ALLOCATIONS Facility Name :Falls Racquet Club NPDES No. :NC0065889 Type of Waste :Domestic Facility Status :Existing Permit Status :Renewal Receiving Stream :Indian Creek Stream Classification:C-Trout Subbasin :03-13-02 County :Transylvania Regional Office :Ash*,ville Requestor - :Jule Shanklin Date of Request :1/8/91 Topo Quad :G7SW Wasteload Allocation Summary 7 JAN 599.'1 Atia Asheville Regional Office Asheville, Borth Carolina Stream Characteristics: USGS #02.1841.2398 Date 1986 Drainage Area: 4.86 sq.mi. Summer 7Q10: 1.4 cfs Winter 7Q10: 3.0 cfs Average Flow: 18 cfs 30Q2: cfs Facility meets existing limits. Facility has an ATC for 0.02 MGD only. Actual plant is 0.025 MGD. Renew with limits for 0.025 and 0.1 MGD. Ammonia limits to protect against toxicity required at .1 MGD. (approach taken, correspondence with region, EPA, etc.) 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 fits into basinwide plan) Recommended by: +v /°`�"""'1 Date: Reviewed by Instream Asse ent: Regional v'sor: Permits & Engineering: RETURN TO TECHNICAL SERVICES BY: FEB A. 2 1991 Date: Date: Date: 3 w NPDES WASTE l D ALLOCATION N PERMIT NO.: NCO065889 PERMIT -FEE NAME: Falls Racquet Club Facility Status: Existing . Permit Status: Renewal Major Minor Pipe No.: 001 Design Capacity: 0.100 MGD _ Domestic (% of Flow): 100 % Industrial (% of Flow): Comments: STREAM INDEX: 4-5431 ' RECEIVING STREAM: Indian Creek Class: C-Trout Sub -Basin: 03-13-02 Reference USGS Quad: G7SW, Reid (please attach) County: Transylvania Regional Office: Asheville Regional Office Previous Exp. Date: 7/31/91 Treatment Plant Class: I Classification changes within three miles: Becomes C at Toxaway, ca. 0.7 mi. Requested by: Jule Shankli Prepared by:�''—� Reviewed by: 18'9 Date: 1 /8/91 Date: Modeler Date Rec. # EA s 9 t 5Q c, ts Drainage Area (mi ) , 8� wAvg. Streamflow (cfs): 7Q10 (cfs) /.� Winter 7Q10 (cfs) 3 D 30Q2 (cfs) Toxicity Limits: IWC % Acute/Chronic Instream Monitoring: L•uj Parameters_ Upstream _ Downstream Location Location Effluent )Characteristics A' , o a.s Gv 3 . 10 W 6D BOD5 (m ) 36 30 NH3-N (mg/1) wtenaiar A 1 A-T b" �02 D.O. (mg/1) TSS (mg/1) O 3 d F. Col. 000 ml) c) pH (SU) -TP ►� /i) kkt vuo�" TN L^t.) far Comments: w Q�&;,7 L 1�tcJ("), SOC PRIORITY PROJECT: YES NO x IF YES, SOC'NUMBER To: Permits and Engineering Unit Water Quality Section Attention: Teresa Rodriguez AUTHORIZATION TO CONSTRUCT NPDES PERMIT #NCO065889 REPORT AND RECOMMENDATIONS Date December 5, 2002 Transylvania COUNTY PERMIT NUMBER 065889AOI PART I - GENERAL INFORMATION r 1. Facility Name and Current Address: Catatoga Wastewater Treatment Facility 1 Indian Creek Dr. Lake Toxaway, North Carolina 28747 2. Changes since previous action on NPDES Permit: Name change 3. Compare Discharge Point(s)'on plans with NPDES'Permit application. List of all discharge points: LX-1 No Change 1_1 Change New Latitude: ° ' " Longitude: ° PART II - EVALUATION AND RECOMMENDATIONS The Asheville Regional Office recommends issuance of the A to C for the construction of the chlorination and dechlorination facilities. A copy of.the most recent Kerry S. Becker NPDES Staff Report is Prepar d By/Date: Decembe 5, 2002= attached. /, r r;/� f ` Wager OLality RegionaX Supervisor Staff Review and Evaluation NPDES Wastewater Permit FACILITY INFORMATION Facility Falls Racquet Club NPDES No. NCO065889 Design Flow (MGD) 0.025/0.100 Facility Class II STREAM CHARACTERISTICS Stream Name Indian Creek Stream Class C Tr Sub -basin 031302 Drainage Area (mil) 4.86 S7Q10 (cfs) 1.4 W7Q10 (cfs) 3.0 30Q2 (cfs) NA IWC (%) 2.69/9.97 Proposed Changes Parameters Affected Basis for change(s) monitoring frequencies all 2B.0508 rules for Class H facility elimination of winter NH3 from 32.0 mg/1 to NOL Current SOP for ammonia/tox. limit at 0.1 MGD limits Compliance Schedule: none Special Condition(s): none Permits & Engineering Comments: This is a permit renewal for a package plant. No problems were noted in the last renewal. No AtoC exists for 0.1 MGD as of this date. Facility is operating within permitted limits, with only a few exceptions. The system currently has a UV system; however, in the case of failure, the TRC limit and monitoring requirement will remain in the permit. P&E recommends renewal with changes io, ted above. Prepared by: Regional Office Evaluation and Recommendations: Water Resources ENVIRONMENTAL QUALITY Mr. Harris Merrill, Jr. Indian Creek Resort, LLC 8000 Capps Ferry Road Douglasville, GA 30132 Dear Mr. Merrill, Jr.: NVISIOfi Of'wa:er Resources OCT 1 6 2017 Water C]uality Regional Operations -1shr_:✓i!ie Pr rinnal CfFire September 18, 2017 ROY COOPER Governor MICHAEL S. REGAN Secretary S. JAY ZIMMERMAN Director Subject: Issuance of NPDES Permit NCO065889 Catatoga at Lake Toxaway WWTP Class II Transylvania County Division personnel have reviewed and approved your application for renewal of the subject permit. Accordingly, we are forwarding the attached NPDES discharge permit. This permit is issued pursuant to the requirements of North Carolina General Statute 143-215.1 and the Memorandum of Agreement between North Carolina and the U.S. Environmental Protection Agency dated October 15, 2007 (or as subsequently amended). The final permit includes the following significant changes from the existing permit: ➢ Section A. (5.) has been updated to reflect current language• regarding electronic submission of effluent data. Federal regulations require electronic submittal of all discharge monitoring reports (DMRs). ➢ Regulatory citations have been added. If any parts, measurement frequencies or sampling requirements contained in this permit are unacceptable to you, you have the right to an adjudicatory hearing upon written request within thirty (30) days following receipt of this letter. This request must be in the form of a written petition, conforming to Chapter 150B of the North Carolina General Statutes, and filed with the Office of Administrative Hearings (6714 Mail Service Center, Raleigh, North Carolina 27699-6714). Unless such demand is made, this decision shall be final and binding. Please note that this permit is not transferable except after notice to the Division. The Division may require modification or revocation and reissuance of the permit. This permit does not affect the legal requirements to obtain any other Federal, State, or Local governmental permit that may be required. If you have any questions concerning this permit, please contact Anjali Orlando at telephone number (919) 807-6388 or anjali.orlando(@,ncdenr.gov. Since ely, S. Jay Zimmerman, P.G. Director, Division of Water Resources cc: Central Files Aslhevillle Regiios�all KM NPDES Unit State of North Carolina I Environmental Quality I Water Resources 1617 Mail Service Center I Raleigh, NC 27699-1617 919 807 6300 919-807-6389 FAX https:Hdeq.ne.govlaboutldivisionslwater-resourceslwater-resources-permitslwastewater-branchlnpdes-wastewater-permits NPDES Permit Ni STATE OF NORT-Hi CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY DIVISION OF WATER RESOURCES PERMIT TO DISCHARGE, WASTEWATER UNDER THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM In compliance with the provisions of North Carolina General Statute 1'43-215.1, other- lawful standards and regulations promulgated and adopted by the North Carolina Environmental - Management Commission, and the Federal Water Pollution Control Act, as amended, Indian Creek Resort, LLC is hereby authorized to discharge wastewater from a facility located at the Catatoga -at Lake Toxaway WWTP U.S. Highway 64 west of Rosman Transylvania County to receiving waters designated as Indian Creek in the Savannah River Basin in accordance with effluent limitations, monitoring requirements, and other conditions set. forth in Parts I, II, III and IV hereof. This permit shall become effective November 1, 2017. This permit and authorization to discharge shall expire at midnight on August 31, 2022. Signed this day September 18, 2017. �l S. �J Zimmerman, P.G. . ector, Division of Water Resources By Authority of the Environmental Management Commission Page 1 of 10 NPDES Permit NC0065889 SUPPLEMENT TO PERMIT COVER SHEET All previous NPDES Permits issued to this facility, whether for operation or discharge are hereby revoked. As of this permit issuance, any previously issued permit bearing this number is no longer effective. Therefore, the exclusive authority to operate and discharge from this facility arises under the permit conditions, requirements, terms, and provisions included herein. Indian Creek Resort, LLC is hereby authorized to: ontinue to operate an existing 0.025 MGD extended aeration wastewater treatment 1. C system with the following components: ♦ Manual bar screen ♦ One Aeration Basin w/ Blowers ♦ One Secondary Clarifier ♦ One Aerobic digester ♦ UV Disinfections System ♦ V-Notch Weir an at Catatoga at Lake Toxaway off U.S. Highway 64 in The facility is located west of Rosm Transylvania County. 2. After receiving an Authorization to Construct from the Division of Water Quality, construct the necessary facilities to increase plant capacity to 0.07 MGD, and ion of Water 3. After receiving an Authorization to ct from the the plant to itssultimate cap t of Quality,.14 construct the necessary facilities t expand MGD. map into 4. Discharge from said treatment works waterbody t the �urrently classified C Trou tn specified on the waters n Indian Creek (Stream Index 4 5 (3)), sub -basin 03-13-02 [HUC: 030601010101] of the Savannah River Basin. t� i Page 2 of 10 NPDES Permit N( Part I: A. (1.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS (0.025 MGD) [15 NCAC 02B .0400 et seq., 02B .0500 et seq.] During the period beginning on the effective date of this permit and lasting until expansion above 0.025 MGD or expiration, the Permittee is authorized to discharge from outfall 001. Such discharges shall be limited, monitored, and reported' by the Permittee as specified below: EFFLUENT'CHARACTERISTICS LIMITS. , , MONITORING REQUIREMENTS .., Monthly Daily' Measurement Sample ,Sample Parameter Code ._ _ Averse Maximum_ Frequency, T e Location Flow Flow 0.025 MGD Weekly Instantaneou Influent or Effluent s BOD, 5-day (20°C) C0310 30.0 mg/L 45.0 mg/L Weekly Grab Effluent Total Suspended Solids C0530 30.0 mg/L 45.0 mg/L Weekly Grab Effluent NH3 as N C0610 Weekly Grab Effluent Fecal Coliform (geometric mean) 31616 200/100 mL 400/100 mL Weekly Grab Effluent Temperature (°C) 00010 Weekly Grab Effluent Total Nitrogen (NO2+NO3+TKN) C0600 Semi -Annual' y Composite P Effluent Total Phosphorus C0665 Semi -Annually Composite Effluent pH Not < 6.0 nor > 9.0 00400 Standard Units Weekly Grab Effluent Footnotes: 1. The permittee shall submit discharge monitoring reports electronically using the Division's eDMR system [see A. (5.)]. Conditions: 1. All samples much be collected from a typical discharge event. 2. There shall be no discharge of floating solids or visible foam in other than trace amounts. 3. See Condition A. (4.) for instructions should the facility's permitted UV system fail and an alternate means of disinfection is required. Total Residual Chlorine monitoring requirements and limits are applicable if chlorine compounds are used for disinfection. Page 3 of 10 NPDES Permit NCO065889 A. (2.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS (0.07 MGD) [15 NCAC 02B .0400 et seq., 02B .0500 et seq.] During the period beginning upon expansion above 0.025 MGD and lasting until expansion above 0.07 MGD or until expiration, the Permittee is authorized to discharge from outfall001. Such discharges shall be limited, monitored, and reported' by the Permittee as specified below: EFFLUENT CHARACTERISTICS Parameter.Code. LIMITS. MONITORING REQUIREMENTS Monthly - Avera e - ' Daily `Maximum Measurement Freuenc . Sample T` ,' e, Instantaneous Sample ' _l;ocation Influent or Effluent Flow 50050 0.07 MGD Weekly 30.0 mg/L 45.0 mg/L Weekly Composite Effluent BOD, 5-day (20°C) C0310 30.0 mg/L 45.0 mg/L Weekly Composite Effluent Total Suspended Solids C0530 6.0 mg/L 30.0 mg/L Weekly Composite Effluent NH3 as N - Summer* C0610 23.5 mg/L 35.0 mg/L Weekly Composite Effluent NH3 as N - Winter* C0610 200/100 mL 400/100 mL Weekly Grab Effluent Fecal Coliform (geometric mean) 31616 Weekly Grab Effluent Temperature CC) 00010 Semi -Annually Composite Effluent Total Nitrogen (NO2+NO3+TKN) C0600 Semi -Annually Composite Effluent Total Phosphorus C0665 Not < 6.0 nor > 9.0 Standard Units Weekly Grab Effluent PH 00400 *Summer. April 1- October 31 *Winter: November 1— March 31 Footnotes: 1. The permittee shall submit discharge monitoring reports electronically using the Division's eDMR system [see A. (5.)]. Conditions: 2. All samples much be collected from a typical discharge event. 3. There shall be no discharge of floating solids or visible foam in other than trace amounts. Page 4 of 10 fv NPDES Permit NC See Condition A. (4.) for instructions should the facility's permitted UV system fail anc alternate means of disinfection is required. Total Residual Chlorine monitoring requirements and limits are applicable if chlorine compounds are used for disinfection. A. (3.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS (0.14 MGD) [ 15 NCAC 02B .0400 et seq., 02B .0500 et seq.] During the period beginning upon expansion above 0.07 MGD and lasting until expiration, the Permittee is authorized to discharge from outfall 001. Such discharges shall be limited, monitored, and reported' by the Permittee as specified below: EFFLUENT CHARACTERISTICS LIMITS MONITORING REQUIREMENTS1 Monthly Daily Measurement Sample Sample Parameter Code Avera a Maximum Frequency Type Location Flow Flow 50050 0.14 MGD Weekly Instantaneous Influent or Effluent BOD, 5-day (20°C) 30.0 mg/L 45.0 mg/L Weekly Composite Effluent C0310 Total Suspended Solids 30.0 mg/L 45.0 mg/L Weekly Composite Effluent C0530 NH3 as N - Summer* 6.0 mg/L 30.0 mg/L Weekly Composite Effluent C0610 NH3 as N - Winter* 23.5 mg/L 35.0 mg/L Weekly Composite Effluent C0610 Fecal Coliform (geometric mean) 200/100 mL 4001100 mL Weekly Grab Effluent 31616 Temperature (°C) ' Weekly Grab Effluent 00010 . Total Nitrogen (NO2+NO3+TKN) Semi -Annually Composite Effluent C0600 Total Phosphorus Semi -Annually Composite Effluent C0665 pH Not < 6.0 nor > 9.0 Weekly Grab Effluent 00400 Standard Units *Summer.' April 1 — October 31 *Winter: November 1 — March 31 Footnotes: 1. The permittee shall submit discharge monitoring reports electronically using the Division's eDMR system [see A. (5.)]. Conditions: 2. All samples much be collected from a typical discharge event. Page 5 of 10 3. 4. NPDES Permit NCO065889 ating solids or visible foam in other than trace amounts. There shall be no discharge of flo See Condition A. (4.) for instructions should the facility's permitted UV system fail and an alternate means of disinfection is required. Total Residual Chlorine monitoring requirements and limits are applicable if chlorine Compounds are used for disinfection. A. (4.) TEMPORARY MEANS OF DISINFECTION [NCGS 143-215.3 (a)(2)] In the event that the wastewater treatment plant's ultraviolet (UV) disinfection system should fail, underperform, or otherwise be removed from effective service, the permittee or his agent should immediately inform the Surface Water Protection Section staff of the Asheville Regional Office of this development and discuss temporary, alternate means for disinfection of the effluent. If chlorine compounds are used as temporary means of disinfection, the total residual - chlorine (TRC) concentration of the effluent must be monitored on a daily basis while, this method of disinfection is in use and values must be reported on the discharge monitoring report. TRC in the effluent may not exceed 28 µg/L; therefore, dechlorination methods may also be necessary to ensure protection of water quality in the receiving stream. Use of a disinfection system other than the permitted UV system during circumstances not deemed as emergency and/or temporary (replacement of lamps, lamp cleaning or maintenance, etc.) will be considered a violation of the terms of this permit. The Division shall consider all effluent TRC values reported below 50 µg/L to be in compliance with the permit. However, the Permittee shall continue to record and submit all values reported by a North Carolina certified laboratory (including field certified), even if these values fall below 50 µg/L. A. (5.) ELECTRONIC REPORTING OF DISCHARGE MONITORING REPORTS [NCGS 143-215.1 (b)] Federal regulations requireThe finalronic submittal f all discharge monitoring NPDESElectronireports c Reportin Rue was adoptedand and program reports became effective on December 21, 2015. NOTE: This special condition supplements or supersedes the following sections within Part II of this permit (Standard Conditions for NPDES Permits): • Section B. (11.) Signatory Requirements • Section D. (2.) Reporting • Section D. (6.) Records Retention • Section E. (5.) Monitoring Reports 1. Reporting Requirements [Supersedes Section D (2.1 and Section E. (5.1 (a)] Page 6 of 10 NPDES Permit NC The permittee shall report discharge monitoring data electronically using the NC I Electronic Discharge Monitoring Report (eDMR) internet application. Monitoring results obtained during the previous month(s) shall be summarized for each month and submitted electronically using eDMR. The eDMR system allows permitted facilities to enter monitoring data and submit DMRs electronically using the internet. Until such time that the state's eDMR application is compliant with EPA's Cross -Media Electronic Reporting Regulation (CROMERR), permittees will be required to submit all discharge monitoring data to the state electronically using eDMR and will be required to complete the eDMR submission by printing, signing, and submitting one signed original and a copy of the computer printed eDMR to the following address: NC DENR / Division of Water Resources / Water Quality Permitting Section ATTENTION: Central Files 1617 Mail Service Center Raleigh, North Carolina 27699-1617 If a permittee is unable to use the eDMR system due to a demonstrated hardship or due to the facility being physically located in an area where less than 10 percent of the households have broadband access, then a temporary waiver from the NPDES electronic reporting requirements may be granted and discharge monitoring data may be submitted on paper DMR forms (MR 1, 1.1, 2, 3) or alternative forms approved by the Director. Duplicate signed copies shall be submitted to the mailing address above. See "How to Request a Waiver from Electronic Reporting" section below. Regardless of the submission method, the first DMR is due on the last day of the month following the issuance of the permit or in the case of a new facility, on the last day of the month following the commencement of discharge. Starting on December 21, 2020, the permittee must electronically report the following compliance monitoring data and reports, when applicable: Sewer Overflow/Bypass Event Reports; Pretreatment Program Annual Reports; and Clean Water Act (CWA) Section 316(b) Annual Reports. The permittee may seek an electronic reporting waiver from the Division (see "How to Request a Waiver from Electronic Reporting" section below). 2. Electronic Submissions In accordance with 40 CFR 122.41(l) (9), the permittee must identify the initial recipient at the time of each electronic submission. The permittee should use the EPA's website resources to identify the initial recipient for the electronic submission. Initial recipient of electronic NPDES information from NPDES-regulated facilities means the entity (EPA or the state authorized by EPA to implement the NPDES program) that is the designated entity for receiving electronic NPDES data [see 40 CFR 127.2(b)]. Page 7 of 10 NPDES Permit NC0065889 r,rn rla..LO to establish a website that will also link to the appropriate electronic reporting tool for each type of electronic submission and for each state. Instructions on how to access and use the appropriate electronic reporting tool will be available as well. Information on EPA's NPDES Electronic Reporting Rule is found at: http / /www2 epa Gov/compliance/final-national-pollutant-discharge-elimination-system- npdes-electronic-reporting-rule. Electronic submissions must start by the dates listed in the "Reporting Requirements" section above. 3. How to Request a Waiver from Electronic Reporting The permittee may seek a temporary electronic reporting waiver from the Division. To obtain an electronic reporting waiver, a permittee must first submit an electronic reporting waiver request to the Division. Requests for temporary electronic reporting waivers must be submitted in writing to the Division for written approval at least sixty . (60) days prior to the date the facility would be required under this permit to begin submitting monitoring data and reports. The duration of a temporary waiver shall not exceed 5 years and shall thereupon expire. At such time, monitoring data and reports shall be submitted electronically to the Division unless the permittee re -applies for and is granted a new temporary electronic reporting waiver by the Division. Approved electronic reporting waivers are not transferrable. Only permittees with an approved reporting waiver request may submit monitoring data and reports on paper to the Division for the period that the approved reporting waiver request is effective. Information on eDMR and the application for a temporary electronic reporting waiver are found on the following web page: http / /deg.nc.gov/ about/ divisions /water -resources /edmr 4. Signatory Requirements (Supplements Section B (11.) (b) and Supersedes Section B. 11. d All eDMRs submitted to the permit issuing authority shall be signed by a person described in Part II, Section B. (11.) (a) or by a duly authorized representative of that person as described in Part II, Section B. (11.)(b). A person, and not a position, must be delegated signatory authority for eDMR reporting purposes. For eDMR submissions, the person signing and submitting the DMR must obtain an eDMR user account and login credentials to access the eDMR system. For more information on North Carolina's eDMR system, registering for eDMR and obtaining an eDMR user account, please visit the following web page: http / /deg.nc.gov/ about / divisions /water -resources / edmr Certification. Any person submitting an electronic DMR using the state's eDMR system shall make the following certification [40 CFR 122.221. NO OTHER STATEMENTS OF CERTIFICATION WILL BE ACCEPTED: Page 8 of 10 NPDES Permit NC "I certify, under penalty of law, that this document and all attachments were prepa, cu 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." 5. Records Retention [Supplements Section D. (6.)] The permittee shall retain records of all Discharge Monitoring Reports, including eDMR submissions. These records or copies shall be maintained for a period of at least 3 years from the date of the report. This period may be extended by request of the Director at any time [40 CFR 122.41]. Page 9 of 10 NPDES Permit Standard Conditions Page 1 of 18 PART II STANDARD CONDITIONS FOR NPDES PERMITS Section A. Definitions 2/Month Samples are collected twice per month with at least ten calendar days between sampling events. These samples shall be representative of the wastewater discharged during the sample period. 3/Week Samples are collected three times per week on three separate calendar days. These samples shall be representative of the wastewater discharged during the sample period. Act or "the Act" The Federal Water Pollution Control Act, also known as the Clean Water Act (CWA), as amended, 33 USC 1251, et. seq. Annual Average The arithmetic mean of all "daily discharges" of a pollutant measured during the calendar year. In the case of fecal coliform, the geometric mean of such discharges. Arithmetic Mean The summation of the individual values divided by the number of individual values. Bypass The known diversion of waste streams from any portion of a treatment facility including the collection system, which is not a designed or established or operating mode for the facility. Calendar Day The period from midnight of one day until midnight of the next day. However, for purposes of this permit, any consecutive 24-hour period that reasonably represents the calendar day may be used for sampling. Calendar Week The period from Sunday through the following Saturday. Calendar Quarter One of the following distinct periods: January through March, April through June, July through September, and October through December. Composite Sample A sample collected over a 24-hour period by continuous sampling or combining grab samples of at least 100 mL in such a manner as to result in a total sample representative of the wastewater discharge during the sample period. The Director may designate the most appropriate method (specific number and size of aliquots necessary, the time interval between grab samples, etc.) on a case -by -case basis. Samples may be collected manually or automatically. Composite samples may be obtained by the following methods: (1) Continuous: a single, continuous sample collected over a 24-hour period proportional to the rate of flow. (2) Constant time/variable volume: a series of grab samples collected at equal time intervals over a 24 hour period of discharge and combined proportional to the rate of flow measured at the time of individual sample collection, or (3) Variable time/constant volume: a series of grab samples of equal volume collected over a 24 hour period with the time intervals between samples determined by a preset number of gallons passing the sampling point. Flow measurement between sample intervals shall be determined by use of a flow recorder and totalizer, and the preset gallon interval between sample collection fixed at no greater than 1/24 of the expected total daily flow at the treatment system, or Version 1110912011.1 NPDES Permit Stand (4) Constant time/constant volume: a series of grab samples of equal volume collected over a 24-hot constant time interval. Use of this method requires prior approval by the Director. This method n used in situations where effluent flow rates vary less than 15 percent. The following restrictions also apply: ➢ Influent and effluent grab samples shall be of equal size and of no less than 100 milliliters ➢ Influent samples shall not be collected more than once per hour. ➢ Permittees with wastewater treatment systems whose detention time < 24 hours shall collect effluent grab samples at intervals of no greater than 20 minutes apart during any 24-hour period. ➢ Permittees with wastewater treatment systems whose detention time exceeds 24 hours shall collect effluent grab samples at least every six hours; there must be a minimum of four samples during a 24-hour sampling period. Continuous flow measurement Flow monitoring that occurs without interruption throughout the operating hours of the facility. Flow shall be monitored continually except for the infrequent times when there may be no flow or for infrequent maintenance activities on the flow device. Daily Discharge The discharge of a pollutant measured during a calendar day or any 24-hour period that reasonably represents the calendar day for purposes of sampling. For pollutants measured in units of mass, the "daily discharge" is calculated as the total mass of the pollutant discharged over the day. For pollutants expressed in other units of measurement, the "daily discharge" is calculated as the average measurement of the pollutant over the day. (40 CFR 122.2; see also "Composite Sample," above.) Daily Maximum The highest "daily discharge" during the calendar month. Daily Sampling Parameters requiring daily sampling shall be sampled 5 out of every 7 days per week unless otherwise specified in the permit. Sampling shall be conducted on weekdays except where holidays or other disruptions of normal operations prevent weekday sampling. If sampling is required for all seven days of the week for any permit parameter(s), that requirement will be so noted on the Effluent Limitations and Monitoring Page(s). DWR or "the Division" The Division of Water Resources, Department of Environment and Natural Resources. Effluent Wastewater discharged following all treatment processes from a water pollution control facility or other point source whether treated or untreated. EMC The North Carolina Environmental Management Commission EPA The United States Environmental Protection Agency Facility Closure Cessation of all activities that require coverage under this NPDES permit. Completion of facility closure will allow this permit to be rescinded. Geometric Mean The Nth root of the product of the individual values where N = the number of individual values. For purposes of calculating the geometric mean, values of "0" (or "< [detection level]") shall be considered = 1. Grab Sample Individual samples of at least 100 mL collected over a period of time not exceeding 15 minutes. Grab samples can be collected manually. Grab samples must be representative of the discharge (or the receiving stream, for instream samples). Version 1110912011.1 NPDES Permit Standard Conditions Page 3 of 18 )stance u., ��..., designated under 40 CFR Part 116 pursuant to Section 311 of the CWA. Instantaneous flow measurement The flow measured during the minimum time required for the flow measuring device or method to produce a result in that instance. To the extent practical, instantaneous flow measurements coincide with the collection of any grab samples required for the same sampling period so that together the samples and flow are representative of the discharge during that sampling period. Monthly Average (concentration limit) The arithmetic mean of all "daily discharges" of a pollutant measured during the calendar month. In the case of fecal coliform or other bacterial parameters or indicators, the geometric mean of such discharges. Permit Issuing Authority The Director of the Division of Water Resources. Quarterly Average (concentration limit) The arithmetic mean of all samples taken over a calendar quarter. Severe property damage Substantial physical damage to property, damage to the treatment facilities which causes them to become inoperable, or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass. Severe property damage excludes economic loss caused by delays in production. Toxic Pollutant: Any pollutant listed as toxic under Section 307(a)(1) of the CWA. Upset An incident beyond the reasonable control of the Permittee causing unintentional and temporary noncompliance with permit effluent limitations and/or monitoring requirements. An upset does not include noncompliance caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance, or careless or improper operation. Weekly Average (concentration limit) The arithmetic mean of all "daily discharges" of a pollutant measured during the calendar week. In the case of fecal coliform or other bacterial parameters or indicators, the geometric mean of such discharges. Section B. General Conditions 1. Duty to Comply The Permittee must comply with all conditions of this permit. Any permit noncompliance constitutes a violation of the CWA and is grounds for enforcement action; for permit termination, revocation and reissuance, or modification; or denial of a permit renewal application [40 CFR 122.41]. a. The Permittee shall comply with effluent standards or prohibitions established under section 307(a) of the CWA for toxic pollutants and with standards for sewage sludge use or disposal established under section 405(d) of the CWA within the time provided in the regulations that establish these standards or prohibitions or standards for sewage sludge use or disposal, even if the permit has not yet been modified to incorporate the requirement. b. The CWA provides that any person who violates section[s] 301, 302, 306, 307, 308, 318 or 405 of the Act, or any permit condition or limitation implementing any such sections in a permit issued under section 402, or any requirement imposed in a pretreatment program approved under sections 402(a)(3) or 402(b)(8) of the Act, is subject to a civil penalty not to exceed $37,500 per day for each violation. [33 USC 1319(d) and,40 CFR 122.41(a)(2)] c. The CWA provides that any person who negligently violates sections 301, 302, 306, 307, 308, 318, or 405 of the Act, or any condition or limitation implementing any of such sections in a permit issued under section 402 of the Act, or any requirement imposed in a pretreatment program approved under section 402(a)(3) or 402(b)(8) of the Act, is subject to criminal penalties of $2,500 to $25,000 per day of violation, or Version 1110912011.1 NPDES Permit Standard Co-M Page 4 imprisonment of not more than 1 year, or both. In the case of a second or subsequent conviction for a negligent violation, a person shall be subject to criminal penalties of not more than $50,000 per day of violation, or by imprisonment of not more than 2 years, or both. [33 USC 1319(c)(1) and 40 CFR 122.41(a)(2)] d. Any person who knowingly violates such sections, or such conditions or limitations is subject to criminal penalties of $5,000 to $50,000 per day of violation, or imprisonment for not more than 3 years, or both. In the case of a second or subsequent conviction for a knowing violation, a person shall be subject to criminal penalties of not more than $100,000 per day of violation, or imprisonment of not more than 6 years, or both. [33 USC 1319(c)(2) and 40 CFR 122.41(a)(2)] e. Any person who knowingly violates section 301, 302, 303, 306, 307, 308, 318 or 405 of the Act, or any permit condition or limitation implementing any of such sections in a permit issued under section 402 of the Act, and who knows at that time that he thereby places another person in imminent danger of death or serious bodily injury, shall, upon conviction, be subject to a fine of not more than $250,000 or imprisonment of not more than 15 years, or both. In the case of a second or subsequent conviction for a knowing endangerment violation, a person shall be subject to a fine of not more than $500,000 or by imprisonment of not more than 30 years, or both. An organization, as defined in section 309(c)(3)(B)(iii) of the CWA, shall, upon conviction of violating the imminent danger provision, be subject to a fine of not more than $1,000,000 and can be fined up to $2,000,000 for second or subsequent convictions. [40 CFR 122.41(a)(2)] f. Under state law, a civil penalty of not more than $25,000 per violation may be assessed against any person who violates or fails to act in accordance with the terms, conditions, or requirements of a permit. [North Carolina General Statutes § 143-215.6A] g. Any person may be assessed an administrative penalty by the Administrator for violating section 301, 302, 306, 307, 308, 318 or 405 of this Act, or any permit condition or limitation implementing any of such sections in a permit issued under section 402 of this Act. Administrative penalties for Class I violations are not to exceed $16,000 per violation, with the maximum amount of any Class I penalty assessed not to exceed $37,500. Penalties for Class II violations are not to exceed $16,000 per day for each day during which the violation continues, with the maximum amount of any Class II penalty not to exceed $177,500. [33 USC 1319(g)(2) and 40 CFR 122.41(a)(3)] 2. Duty to Mitigate The Permittee shall take all reasonable steps to minimize or prevent any discharge or sludge use or disposal in violation of this permit with a reasonable likelihood of adversely affecting human health or the environment [40 CFR 122.41(d)]. 3. Civil and Criminal Liability Except as provided in permit conditions on 'Bypassing" (Part II.C.4), "Upsets" (Part II.C.5) and 'Power Failures" (Part II.C.7), nothing in this permit shall be construed to relieve the Permittee from any responsibilities, liabilities, or penalties for noncompliance pursuant to NCGS 143-215.3, 143-215.6 or Section 309 of the Federal Act, 33 USC 1319. Furthermore, the Permittee is responsible for consequential damages, such as fish kills, even though the responsibility for effective compliance may be temporarily suspended. 4. Oil and Hazardous Substance Liability Nothing in this permit shall be construed to preclude the institution of any legal action or relieve the Permittee from any responsibilities, liabilities, or penalties to which the Permittee is or may be subject to under NCGS 143- 215.75 et seq. or Section 311 of the Federal Act, 33 USG 1321. Furthermore, the Permittee is responsible for consequential damages, such as fish kills, even though the responsibility for effective compliance may be temporarily suspended. 5. Property Rights The issuance of this permit does not convey any property rights in either real or personal property, or any exclusive privileges, nor does it authorize any injury to private property or any invasion of personal rights, nor any infringement of Federal, State or local laws or regulations [40 CFR 122.41(g)]. 6. Onshore or Offshore Construction This permit does not authorize or approve the construction of any onshore or offshore physical structures or facilities or the undertaking of any work in any navigable waters. Version 1110912011.1 NPDES Permit Standard Conditions Page 5 of 18 ty —' F- �.aions of this permit are severable. If any provision of this permit, or the application of any provision of this permit to any circumstances, is held invalid, the application of such provision to other circumstances, and the remainder of this permit, shall not be affected thereby [NCGS 15013-23]. 8. Duty to Provide Information The Permittee shall furnish to the Permit Issuing Authority, within a reasonable time, any information which the Permit Issuing Authority may request to determine whether cause exists for modifying, revoking and reissuing, or terminating this permit or to determine compliance with this permit. The Permittee shall also furnish to the Permit Issuing Authority upon request, copies of records required by this permit [40 CFR 122.41(h)]. 9. Duty to Reapply If the Permittee wishes to continue an activity regulated by this permit after the expiration date of this permit, the Permittee must apply for and obtain a new permit [40 CFR 122.41(b)]. 10. Expiration of Permit The Permittee is not authorized to discharge after the expiration date. In order to receive automatic authorization to discharge beyond the expiration date, the Permittee shall submit such information, forms, and fees as are required by the agency authorized to issue permits no later than 180 days prior to the expiration date unless permission for a later date has been granted by the Director. (The Director shall not grant permission for applications to be submitted later than the expiration date of the existing permit.) [40 CFR 122.21(d)] Any Permittee that has not requested renewal at least 180 days prior to expiration, or any Permittee that does not have a permit after the expiration and has not requested renewal at least 180 days prior to expiration, will subject the Permittee to enforcement procedures as provided in NCGS 143-215.6 and 33 USC 1251 et. seq. 11. Signatory Requirements All applications, reports, or information submitted to the Permit Issuing Authority shall be signed and certified [40 CFR 122.41(k)]. a. All permit applications shall be signed as follows: (1) For a corporation: by a responsible corporate officer. For the purpose of this Section, a responsible corporate officer means: (a) a president, secretary, treasurer or vice president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision making functions for the corporation, or (b) the manager of one or more manufacturing, production, or operating facilities, provided, the manager is authorized to make management decisions which govern the operation of the regulated facility including having the explicit or implicit duty of making major capital investment recommendations, and initiating and directing other comprehensive measures to assure long term environmental compliance with environmental laws and regulations; the manager can ensure that the necessary systems are established or actions taken to gather complete and accurate information for permit application requirements; and where authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures . (2) For a partnership or sole proprietorship: by a general partner or the proprietor, respectively; or (3) For a municipality, State, Federal, or other public agency: by either a principal executive officer or ranking elected official [40 CFR 122.22]. b. All reports required by the permit and other information requested by the Permit Issuing Authority shall be signed by a person described in paragraph a. above or by a duly authorized representative of that person. A person is a duly authorized representative only if: (1) The authorization is made in writing by a person described above; (2) The authorization specified either an individual or a position having responsibility for the overall operation of the regulated facility or activity, such as the position of plant manager, operator of a well or well field, superintendent, a position of equivalent responsibility, or an individual or position having overall responsibility for environmental matters for the company. (A duly authorized representative may thus be either a named individual or any individual occupying a named position.); and (3) The written authorization is submitted to the Permit Issuing Authority [40 CFR 122.221 Version 1110912011.1 NPDES Permit Standard Co-M Page 6 c. Changes to authorization: If an authorization under paragraph (b) of this section is no longer accurate because a different individual or position has responsibility for the overall operation of the facility, a new authorization satisfying the requirements of paragraph (b) of this section must be submitted to the Director prior to or together with any reports, information, or applications to be signed by an authorized representative [40 CFR 122.22] d. Certification. Any person signing a document under paragraphs a. or b. of this section shall make the following certification [40 CFR 122.22]. NO OTHER STATEMENTS OF CERTIFICATION WILL BE ACCEPTED: "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 offines and imprisonment for knowing violations. " 12. Permit Actions This permit may be modified, revoked and reissued, or terminated for cause. The filing of a request by the Permittee for a permit modification, revocation and reissuance, or termination, or a notification of planned changes or anticipated noncompliance does not stay any permit condition [40 CFR 122.41(f)]. 13. Permit Modification. Revocation and Reissuance, or Termination The issuance of this permit does not prohibit the permit issuing authority from reopening and modifying the permit, revoking and reissuing the permit, or terminating the permit as allowed by the laws, rules, and regulations contained in Title 40, Code of Federal Regulations, Parts 122 and 123; Title 15A of the North Carolina Administrative Code, Subchapter 02H .0100; and North Carolina General Statute 143.215.1 et. al. 14. Annual Administering and Compliance Monitoring Fee Requirements The Permittee must pay the annual administering and compliance monitoring fee within thirty days after being billed by the Division. Failure to pay the fee in a timely manner in accordance with 15A NCAC 02H .0105(b)(2) may cause this Division to initiate action to revoke the permit. Section C. Operation and Maintenance of Pollution Controls 1. Certified Operator Owners of classified water pollution control systems must designate operators, certified by the Water Pollution Control System Operators Certification Commission (WPCSOCC), of the appropriate type and grade for the system, and, for each classification must [T15A NCAC 08G .0201]: a. designate one Operator In Responsible Charge (ORC) who possesses a valid certificate of the type and grade at least equivalent to the type and grade of the system; b. designate one or more Back-up Operator(s) in Responsible Charge (Back-up ORCs) who possesses a valid certificate of the type of the system and no more than one grade less than the grade of the system, with the exception of no backup operator in responsible charge is required for systems whose minimum visitation requirements are twice per year; and c. submit a signed completed "Water Pollution Control System Operator Designation Form" to the Commission (or to the local health department for owners of subsurface systems) countersigned by the designated certified operators, designating the Operator in Responsible Charge (ORC) and the Back-up Operator in Responsible Charge (Back-up ORC): (1) 60 calendar days prior to wastewater or residuals being introduced into a new system; or (2) within 120 calendar days following: ➢ receiving notification of a change in the classification of the system requiring the designation of a new Operator in Responsible Charge (ORC) and Back-up Operator in Responsible Charge (Back-up ORC) of the proper type and grade; or ➢ a vacancy in the position of Operator in Responsible Charge (ORC) or Back-up Operator in Responsible Charge (Back-up ORC). Version 1110912011.1 NPDES Permit Standard Conditions Page 7 of 18 ,ithin seven calendar days of vacancies in both ORC and Back-up ORC positions replacing or designating �- least one of the responsibilities. The ORC of each Class I facility (or the Back-up ORC, when acting as surrogate for the ORC) must: ➢ Visit the facility as often as is necessary to insure proper operation of the treatment system; the treatment facility must be visited at least weekly ➢ Comply with all other conditions of 15A NCAC 08G .0204. The ORC of each Class H, III and IV facility (or the Back-up ORC, when acting as surrogate for the ORC) must: ➢ Visit the facility as often as is necessary to insure proper operation of the treatment system; the treatment facility must be visited at least five days per week, excluding holidays ➢ Properly manage and document daily operation and maintenance of the facility ➢ Comply with all other conditions of 15A NCAC 08G .0204. 2. Proper Operation and Maintenance The Permittee shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) which are installed or used by the Permittee to achieve compliance with the conditions of this permit. Proper operation and maintenance also includes adequate laboratory controls and appropriate quality assurance procedures. This provision requires the Permittee to install and operate backup or auxiliary facilities only when necessary to achieve compliance with the conditions of the permit [40 CFR 122.41(e)]. NOTE: Properly and officially designated operators are fully responsible for all proper operation and maintenance of the facility, and all documentation required thereof, whether acting as a contract operator [subcontractor] or a member of the Permittee's staff. 3. Need to Halt or Reduce not a Defense It shall not be a defense for a Permittee in an enforcement action that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the condition of this permit [40 CFR 122.41(c)]. 4. Bypassing of Treatment Facilities a. Bypass not exceeding limitations [40 CFR 122.41(m)(2)] The Permittee may allow any bypass to occur which does not cause effluent limitations to be exceeded, but only if it also is for essential maintenance to assure efficient operation. These bypasses are not subject to the provisions of Paragraphs b. and c. of this section. b. Notice [40 CFR 122.41(m)(3)] (1) Anticipated bypass. If the Permittee knows in advance of the need for a bypass, it shall submit prior notice, if possible at least ten days before the date of the bypass; including an evaluation of the anticipated quality and effect of the bypass. (2) Unanticipated bypass. The Permittee shall submit notice of an unanticipated bypass as required in Part II.E.6. (24-hour notice). c. Prohibition of Bypass (1) Bypass from the treatment facility is prohibited and the Permit Issuing Authority may take enforcement action against a Permittee for bypass, unless: (A) Bypass was unavoidable to prevent loss of life, personal injury or severe property damage; (B) There were no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities, retention of untreated wastes or maintenance during normal periods of equipment downtime. This condition is not satisfied if adequate backup equipment should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventive maintenance; and (C) The Permittee submitted notices as required under Paragraph b. of this section. (2) Bypass from the collection system is prohibited and the Permit Issuing Authority may take enforcement action against a Permittee for a bypass as provided in any current or future system -wide collection system permit associated with the treatment facility. Version 1110912011.1 NPDES Permit Standard Corte Page 8 (3) The Permit Issuing Authority may approve an anticipated bypass, after considering its adverse effects, if the Permit Issuing Authority determines that it will meet the three conditions listed above in Paragraph c. (1) of this section. 5. Upsets a. Effect of an upset [40 CFR 122.41(n)(2)]: An upset constitutes an affirmative defense to an action brought for noncompliance with such technology based permit effluent limitations if the requirements of paragraph b. of this condition are met. No determination made during administrative review of claims that noncompliance was caused by upset, and before an action for noncompliance, is final administrative action subject to judicial review. b. Conditions necessary for a demonstration of upset: Any Permittee who wishes to establish the affirmative defense of upset shall demonstrate, through properly signed, contemporaneous operating logs, or other relevant evidence that: (1) An upset occurred and that the Permittee can identify the cause(s) of the upset; (2) The Permittee facility was at the time being properly operated; and (3) The Permittee submitted notice of the upset as required in Part II.E.6.(b) of this permit. (4) The Permittee complied with any remedial measures required under Part II.13.2. of this permit. c. Burden of proof [40 CFR 122.41(n)(4)]: The Permittee seeking to establish the occurrence of an upset has the burden of proof in any enforcement proceeding. 6. Removed Substances Solids, sludges, filter backwash, or other pollutants removed in the course of treatment or control of wastewaters shall be utilized/disposed of in accordance with NCGS 143-215.1 and in a manner such as to prevent any pollutant from such materials from entering waters of the State or navigable waters of the United States except as permitted by the Commission. The Permittee shall comply with all applicable state and Federal regulations governing the disposal of sewage sludge, including 40 CFR 503, Standards for the Use and Disposal of Sewage Sludge; 40 CFR Part 258, Criteria For Municipal Solid Waste Landfills; and 15A NCAC Subchapter 2T, Waste Not Discharged To Surface Waters. The Permittee shall notify the Permit Issuing Authority of any significant change in its sludge use or disposal practices. 7. Power Failures The Permittee is responsible for maintaining adequate safeguards (as required by 15A NCAC 02H .0124) to prevent the discharge of untreated or inadequately treated wastes during electrical power failures either by means of alternate power sources, standby generators or retention of inadequately treated effluent. Section D. Monitoring and Records 1. Representative Sampling Samples collected and measurements taken, as required herein, shall be representative of the permitted discharge. Samples collected at a frequency less than daily shall be taken on a day and time that is representative of the discharge for the period the sample represents. All samples shall be taken at the monitoring points specified in this permit and, unless otherwise specified, before the effluent joins or is diluted by any other wastestream, body of water, or substance. Monitoring points shall not be changed without notification to and the approval of the Permit Issuing Authority [40 CFR 122.410)]. 2. Reporting Monitoring results obtained during the previous month(s) shall be summarized for each month and reported on a monthly Discharge Monitoring Report (DMR) Form (MR 1, 1. 1, 2, 3) or alternative forms approved by the Director, postmarked no later than the last calendar day of the month following the completed reporting period. The first DMR is due on the last day of the month following the issuance of the permit or in the case of a new facility, on the last day of the month following the commencement of discharge. Duplicate signed copies of these, and all other reports required herein, shall be submitted to the following address: Version 1110912011.1 NPDES Permit Standard Conditions Page 9 of 18 NC DENR / Division of Water Resources / Water Quality Permitting Section ATTENTION: Central Files 1617 Mail Service Center Raleigh, North Carolina 27699-1617 3. Flow Measurements Appropriate flow measurement devices and methods consistent with accepted scientific practices shall be selected and used to ensure the accuracy and reliability of measurements of the volume of monitored discharges. The devices shall be installed, calibrated and maintained to ensure that the accuracy of the measurements is consistent with the accepted capability of that type of device. Devices selected shall be capable of measuring flows with a maximum deviation of less than 10% from the true discharge rates throughout the range of expected discharge volumes. Flow measurement devices shall be accurately calibrated at a minimum of once per year and maintained to ensure that the accuracy of the measurements is consistent with the accepted capability of that type of device. The Director shall approve the flow measurement device and monitoring location prior to installation. Once -through condenser cooling water flow monitored by pump logs, or pump hour meters as specified in Part I of this permit and based on the manufacturer's pump curves shall not be subject to this requirement. 4. Test Procedures Laboratories used for sample analysis must be certified by the Division. Permittees should contact the Division's Laboratory Certification Section (919 733-3908 or http://portal.ncdenr.org/web/wq/lab/cert) for information regarding laboratory certifications. Facilities whose personnel are conducting testing of field -certified parameters only must hold the appropriate field parameter laboratory certifications. Test procedures for the analysis of pollutants shall conform to the EMC regulations (published pursuant to NCGS 143-215.63 et. seq.), the Water and Air Quality Reporting Acts, and to regulations published pursuant to Section 304(g), 33 USC 1314, of the CWA (as amended), and 40 CFR 136; or in the case of sludge use or disposal, approved under 40 CFR 136, unless otherwise specified in 40 CFR 503, unless other test procedures have been specified in this permit [40 CFR 122.41]. To meet the intent of the monitoring required by this permit, all test procedures must produce minimum detection and reporting levels that are below the permit discharge requirements and all data generated must be reported down to the minimum detection or lower reporting level of the procedure. If no approved methods are determined capable of achieving minimum detection and reporting levels below permit discharge requirements, then the most sensitive (method with the lowest possible detection and reporting level) approved method must be used. Penalties for Tampering The CWA provides that any person who falsifies, tampers with, or knowingly renders inaccurate, any monitoring device or method required to be maintained under this permit shall, upon conviction, be punished by a fine of not more than $10,000 per violation, or by imprisonment for not more than two years per violation, or by both. If a conviction of a person is for a violation committed after a first conviction of such person under this paragraph, punishment is a fine of not more than $20,000 per day of violation, or by imprisonment of not more than 4 years, or both [40 CFR 122.41]. 6. Records Retention Except for records of monitoring information required by this permit related to the Permittee's sewage sludge use and disposal activities, which shall be retained for a period of at least five years (or longer as required by 40 CFR 503), the Permittee shall retain records of all monitoring information, including: ➢ all calibration and maintenance records ➢ all original strip chart recordings for continuous monitoring instrumentation ➢ copies of all reports required by this permit ➢ copies of all data used to complete the application for this permit These records or copies shall be maintained for a period of at least 3 years from the date of the sample, measurement, report or application. This period may be extended by request of the Director at any time [40 CFR 122.41]. Version 1110912011.1 NPDES Permit Stand, Recording Results For each measurement or sample taken pursuant to the requirements of this permit, the Permittee shal following information [40 CFR 122.41]: a. The date, exact place, and time of sampling or measurements; b. The individual(s) who performed the sampling or measurements; c. The date(s) analyses were performed; d. The individual(s) who performed the analyses; e. The analytical techniques or methods used; and f. The results of such analyses. 8. Inspection and Entry The Permittee shall allow the Director, or an authorized representative (including an authorized contractor acting as a representative of the Director), upon the presentation of credentials and other documents as may be required by law, to; a. Enter, at reasonable times, upon the Permittee's premises where a regulated facility or activity is located or conducted, or where records must be kept under the conditions of this permit; b. Have access to and copy, at reasonable times, any records that must be kept under the conditions of this permit; c. Inspect at reasonable times any facilities, equipment (including monitoring and control equipment), practices, or operations regulated or required under this permit; and d. Sample or monitor at reasonable times, for the purposes of assuring permit compliance or as otherwise authorized by the CWA, any substances or parameters at any location [40 CFR 122.41(i)]. Section E ReportinI4 Requirements 1. Change in Discharge All discharges authorized herein shall be consistent with the terms and conditions of this permit. The discharge of any pollutant identified in this permit more frequently than or at a level in excess of that authorized shall constitute a violation of the permit. 2. Planned Changes The Permittee shall give notice to the Director as soon as possible of any planned physical alterations or additions to the permitted facility [40 CFR 122.41(1)]. Notice is required only when: a. The alteration or addition to a permitted facility may meet one of the criteria for new sources at 40 CFR 122.29(b); or b. The alteration or addition could significantly change the nature or increase the quantity of pollutants discharged. This notification applies to pollutants subject neither to effluent limitations in the permit, nor to notification requirements under 40 CFR 122.42(a)(1); or c. The alteration or addition results in a significant change in the Permittee's sludge use or disposal practices, and such alteration, addition or change may justify the application of permit conditions that are different from or absent in the existing permit, including notification of additional use or disposal sites not reported during the permit application process or not reported pursuant to an approved land application plan. 3. Anticipated Noncompliance The Permittee shall give advance notice to the Director of any planned changes to the permitted facility or other activities that might result in noncompliance with the permit [40 CFR 122.41(1)(2)]. 4. Transfers This permit is not transferable to any person without prior written notice to and approval from the Director in accordance with 40 CFR 122.61. The Director may condition approval in accordance with NCGS 143-215.1, in particular NCGS 143-215. 1 (b)(4)b.2., and may require modification or revocation and reissuance of the permit, or a minor modification, to identify the new permittee and incorporate such other requirements as may be necessary under the CWA [40 CFR 122.41(1)(3), 122.61] or state statute. Version 1110912011.1 NPDES Permit Standard Conditions Page 11 of 18 g Reports iv-Lviu�„ m6 results shall be reported at the intervals specified elsewhere in this permit [40 CFR 122.41(1)(4)]. a. Monitoring results must be reported on a Discharge Monitoring Report (DMR) (See Part II.D.2) or forms provided by the Director for reporting results of monitoring of sludge use or disposal practices. b. If the Permittee monitors any pollutant more frequently than required by this permit using test procedures approved under 40 CFR Part 136 and at a sampling location specified in this permit or other appropriate instrument governing the discharge, the results of such monitoring shall be included in the calculation and reporting of the data submitted on the DMR. 6. Twenty-four Hour Reporting a. The Permittee shall report to the Director or the appropriate Regional Office any noncompliance that potentially threatens public health or the environment. Any information shall be provided orally within 24 hours from the time the Permittee became aware of the circumstances. A written submission shall also be provided within 5 days of the time the Permittee becomes aware of the circumstances. The written submission shall contain a description of the noncompliance, and its cause; the period of noncompliance, including exact dates and times, and if the noncompliance has not been corrected, the anticipated time it is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance [40 CFR 122.41(1)(6)]. b. The Director may waive the written report on a case -by -case basis for reports under this section if the oral report has been received within 24 hours. c. Occurrences outside normal business hours may also be reported to the Division's Emergency Response personnel at (800) 662-7956, (800) 858-0368 or (919) 733-3300. 7. Other Noncompliance The Permittee shall report all instances of noncompliance not reported under Part II.E.5 and 6. of this permit at the time monitoring reports are submitted. The reports shall contain the information listed in Part II.E.6. of this permit [40 CFR 122.41(1)(7)]. 8. Other Information Where the Permittee becomes aware that it failed to submit any relevant facts in a permit application, or submitted incorrect information in a permit application or in any report to the Director, it shall promptly submit such facts or information [40 CFR 122.41(1)(8)]. 9. Noncompliance Notification The Permittee shall report by telephone to either the central office or the appropriate regional office of the Division as soon as possible, but in no case more than 24 hours or on the next working day following the occurrence or first knowledge of the occurrence of any of the following: a. Any occurrence at the water pollution control facility which results in the discharge of significant amounts of wastes which are abnormal in quantity or characteristic, such as the dumping of the contents of a sludge digester; the known passage of a slug of hazardous substance through the facility; or any other unusual circumstances. b. Any process unit failure, due to known or unknown reasons, that render the facility incapable of adequate wastewater treatment such as mechanical or electrical failures of pumps, aerators, compressors, etc. c. Any failure of a pumping station, sewer line, or treatment facility resulting in a by-pass without treatment of all or any portion of the influent to such station or facility. Persons reporting such occurrences by telephone shall also file a written report within 5 days following first knowledge of the occurrence. Also see reporting requirements for municipalities in Part IV.C.2.c. of this permit. 10. Availability of Reports Except for data determined to be confidential under NCGS 143-215.3 (a)(2) or Section 308 of the Federal Act, 33 USC 1318, all reports prepared in accordance with the terms shall be available for public inspection at the offices of the Division. As required by the Act, effluent data shall not be considered confidential. Knowingly making any false statement on any such report may result in the imposition of criminal penalties as provided for in NCGS 143- 215.1(b)(2) or in Section 309 of the Federal Act. Version 1110912011.1 11 NPDES Permit Stand, Penalties for Falsification of Reports The CWA provides that any person who knowingly makes any false statement, representation, or cert any record or other document submitted or required to be maintained under this permit, including monitoring reports or reports of compliance or noncompliance shall, upon conviction, be punished by a fine of not more than $25,000 per violation, or by imprisonment for not more than two years per violation, or by both [40 CFR 122.41]. 12. Annual Performance Reports Permittees who own or operate facilities that primarily collect or treat municipal or domestic wastewater and have an average annual flow greater than 200,000 gallons per day shall provide an annual report to the Permit Issuing Authority and to the users/customers served by the Permittee (NCGS 143-215.1C). The report shall summarize the performance of the collection or treatment system, as well as the extent to which the facility was compliant with applicable Federal or State laws, regulations and rules pertaining to water quality. The report shall be provided no later than sixty days after the end of the calendar or fiscal year, depending upon which annual period is used for evaluation. The report shall be sent to: NC DENR / Division of Water Resources / Water Quality Permitting Section ATTENTION: Central Files 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Version 1110912011.1 NPDES Permit Standard Conditions Page 13 of 18 PART III OTHER REQUIREMENTS Section A. Construction a. The Permittee shall not commence construction of wastewater treatment facilities, nor add to the plant's treatment capacity, nor change the treatment process(es) utilized at the treatment plant unless (1) the Division has issued an Authorization to Construct (AtC) permit or (2) the Permittee is exempted from such AtC permit requirements under Item b. of this Section. b. In accordance with NCGS 143-215.1(a5) [SL 2011-394], no permit shall be required to enter into a contract for the construction, installation, or alteration of any treatment work or disposal system or to construct, install, or alter any treatment works or disposal system within the State when the system's or work's principle function is to conduct, treat, equalize, neutralize, stabilize, recycle, or dispose of industrial waste or sewage from an industrial facility and the discharge of the industrial waste or sewage is authorized under a permit issued for the discharge of the industrial waste or sewage into the waters of the State. Notwithstanding the above, the permit issued for the discharge may be modified if required by federal regulation. c. Issuance of an AtC will not occur until Final Plans and Specifications for the proposed construction have been submitted by the Permittee and approved by the Division. Section B. Groundwater Monitoring The Permittee shall, upon written notice from the Director, conduct groundwater monitoring as may be required to determine the compliance of this NPDES permitted facility with the current groundwater standards. Section C. Changes in Discharges of Toxic Substances The Permittee shall notify the Permit Issuing Authority as soon as it knows or has reason to believe (40 CFR 122.42): a. That any activity has occurred or will occur which would result in the discharge, on a routine or frequent basis, of any toxic pollutant which is not limited in the permit, if that discharge will exceed the highest of the following "notification levels"; (1) One hundred micrograms per liter (100 µg/L); (2) Two hundred micrograms per liter (200 µg/L) for acrolein and acrylonitrile; five hundred micrograms per liter (500 µg/L) for 2,4-dinitrophenol and for 2-methyl-4,6-dinitrophenol; and one milligram per liter (1 mg/L) for antimony; (3) Five times the maximum concentration value reported for that pollutant in the permit application. b. That any activity has occurred or will occur which would result in any discharge, on a non -routine or infrequent basis, of a toxic pollutant which is not limited in the permit, if that discharge will exceed the highest of the following "notification levels"; (1) Five hundred micrograms per liter (500 µg/L); (2) One milligram per liter (1 mg/L) for antimony; (3) Ten times the maximum concentration value reported for that pollutant in the permit application. Section D. Facility Closure Requirements The Penmittee must notify the Division at least 90 days prior to the closure of any wastewater treatment system covered by this permit. The Division may require specific measures during deactivation of the system to prevent adverse impacts to waters of the State. This permit cannot be rescinded while any activities requiring this permit continue at the permitted facility. Version 1110912011.1 NPDES Permit Stand, PART IV SPECIAL CONDITIONS FOR MUNICIPAL FACILITIES Section A. Definitions In addition to the definitions in Part II of this permit, the following definitions apply to municipal facilities: Indirect Discharge or Industrial User Any non -domestic source that discharges wastewater containing pollutants into a POTW regulated under section 307(b), (c) or (d) of the CWA. [40 CFR 403.3 (i) and 0) and 15A NCAC 02H .0903(b)(11)] Interference Inhibition or disruption of the POTW treatment processes; operations; or its sludge process, use, or disposal which causes or contributes to a violation of any requirement of the Permittee's (or any satellite POTW's if different from the Permittee) NPDES, collection system, or non -discharge permit or prevents sewage sludge use or disposal in compliance with specified applicable State and Federal statutes, regulations, or permits. [15A NCAC 02H .0903(b)(14)] Pass Through A discharge which exits the POTW into waters of the State in quantities or concentrations which, alone or with discharges from other sources, causes a violation, including an increase in the magnitude or duration of a violation, of the Permittee's (or any satellite POTW's, if different from the Permittee) NPDES, collection system, or non -discharge permit. [15A NCAC 02H .0903(b)(23)] Publicly Owned Treatment Works (POTW) A treatment works as defined by Section 212 of the CWA, which is owned by a State or local government organization. This definition includes any devices and systems used in the storage, treatment, recycling and reclamation of municipal sewage or industrial wastes of a liquid nature. It also includes the collection system, as defined in 15A NCAC 2T .0402, only if it conveys wastewater to a POTW treatment plant. The term also means the local government organization, or municipality, as defined in section 502(4) of the CWA, which has jurisdiction over indirect discharges to and the discharges from such a treatment works. In this context, the organization may be the owner of the POTW treatment plant or the owner of the collection system into which an indirect discharger discharges. This second type of POTW may be referred to as a "satellite POTW organization." [15A NCAC 02H .0903(b)(26)] "Significant Industrial User" or "SIU" An Industrial User that discharges wastewater into a publicly owned treatment works and that [15A NCAC 02H .0903(b)(33)]: 1. Discharges an average of 25,000 gallons per day or more of process wastewater to the POTW (excluding sanitary, noncontact cooling and boiler blowdown wastewaters); or 2. Contributes process wastewater which makes up five percent or more of the NPDES or non -discharge permitted flow limit or organic capacity of the POTW treatment plant. In this context, organic capacity refers to BOD, TSS and ammonia; or 3. Is subject to categorical standards under 40 CFR Part 403.6 and 40 CFR Parts 405-471; or 4. Is designated as such by the Permittee on the basis that the Industrial User has a reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirement, or the POTW's effluent limitations and conditions in its NPDES or non -discharge permit, or to limit the POTW's sludge disposal options; 5. Subject to approval under 15A NCAC 02H .0907(b), the Permittee may determine that an Industrial User meeting the criteria in paragraphs 1 or 2 of this definition above has no reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirement, the POTW's effluent limitations and conditions in its NPDES or non -discharge permit, or to limit the POTW's sludge disposal options, and thus is not a Significant Industrial User (SIU); or 6. Subject to approval under 15A NCAC 02H .0907(b), the Permittee may determine that an Industrial User meeting the criteria in paragraph 3 of this definition above meets the requirements of 40 CFR Part 403.3(v)(2) and thus is a non -significant categorical Industrial User. Section B. Publicly Owned Treatment Works (POTWs) Version 1110912011.1 NPDES Permit Standard Conditions Page 15 of 18 ust provide adequate notice to the Director of the following [40 CFR 122.42(b)]: Any new introduction of pollutants into the POTW from an indirect discharger, regardless of the means of transport, which would be subject to section 301 or 306 of CWA if it were directly discharging those pollutants; and 2. Any substantial change in the volume or character of pollutants being introduced by an indirect discharger as influent to that POTW at the time of issuance of the permit. 3. For purposes of this paragraph, adequate notice shall include information on (1) the quality and quantity of effluent introduced into the POTW, and (2) any anticipated impact that may result from the change of the quantity or quality of effluent to be discharged from the POTW. Section C. Municipal Control of Pollutants from Industrial Users. 1. Effluent limitations are listed in Part I of this permit. Other pollutants attributable to inputs from Industrial Users discharging to the POTW may be present in the Pennittee's discharge. At such time as sufficient information becomes available to establish limitations for such pollutants, this permit may be revised to specify effluent limitations for any or all of such other pollutants in accordance with best practicable technology or water quality standards. 2. Prohibited Discharges a. The Permittee shall develop and enforce their Pretreatment Program to implement the prohibition against the introduction of pollutants or discharges into the waste treatment system or waste collection system which cause or contribute to Pass Through or Interference as defined in 15A NCAC 02H .0900 and 40 CFR 403. [40 CFR 403.5(a)(1)] b. The Permittee shall develop and enforce their Pretreatment Program to implement the prohibitions against the introduction of the following wastes in the waste treatment or waste collection system [40 CFR 403.5(b)]: (1) Pollutants which create a fire or explosion hazard in the POTW; including, but not limited to, wastestreams with a closed cup flashpoint of less than 140 degrees Fahrenheit or 60 degrees Centigrade using the test methods specified in 40 CFR 261.21; (2) Pollutants which cause corrosive structural damage to the POTW, but in no case discharges with pH lower than 5.0, unless the works is specifically designed to accommodate such discharges; (3) Solid or viscous pollutants in amounts which cause obstruction to the flow in the POTW resulting in Interference; (4) Any pollutant, including oxygen demanding pollutants (BOD, etc.) released in a Discharge at a flow rate and/or pollutant concentration which will cause Interference with the POTW; (5) Heat in amounts which will inhibit biological activity in the POTW resulting in Interference, but in no case heat in such quantities that the temperature at the POTW Treatment Plant exceeds 40°C (104°F) unless the Division, upon request of the POTW, approves alternate temperature limits; (6) Petroleum oil, non -biodegradable cutting oil, or products of mineral oil origin in amounts that will cause Interference or Pass Through; (7) Pollutants which result in the presence of toxic gases, vapors, or fumes within the POTW in a quantity that may cause acute worker health and safety problems; or (8) Any trucked or hauled pollutants, except at discharge points designated by the POTW. c. The Permittee shall investigate the source of all discharges into the POTW, including slug loads and other unusual discharges, which have the potential to adversely impact the Permittee's Pretreatment Program and/or the operation of the POTW. The Permittee shall report such discharges into the POTW to the Director or the appropriate Regional Office. Any information shall be provided orally within 24 hours from the time the Permittee became aware of the circumstances. A written submission shall also be provided within 5 days of the time the Permittee becomes aware of the circumstances. The written submission shall contain a description of the discharge; the investigation into possible sources; the period of the discharge, including exact dates and times; if the discharge has not ceased, the anticipated time it is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance, Version 1110912011.1 NPDES Permit Standard Coln Page 16 3. With regard to the effluent requirements listed in Part I of this permit, it may be necessary for the Permittee to supplement the requirements of the Federal Pretreatment Standards (40 CFR, Part 403) to ensure compliance by the Permittee with all applicable effluent limitations. Such actions by the Permittee may be necessary regarding some or all of the industries discharging to the municipal system. 4. The Permittee shall require any Industrial User (IU) discharging to the POTW to meet Federal Pretreatment Standards developed under Section 307(b) of the Act as amended (which includes categorical standards and specific local limits, best management practices and narrative requirements). Prior to accepting wastewater from any Significant Industrial User (SIU), the Permittee shall either develop and submit to the Division a new Pretreatment Program or, as necessary, a modification of an existing Pretreatment Program, for approval as required under section D below as well as 15A NCAC 02H .0907(a) and (b). [40 CFR 122.440)(2)] 5. This permit shall be modified, or alternatively, revoked and reissued, to incorporate or modify an approved POTW Pretreatment Program or to include a compliance schedule for the development of a POTW Pretreatment Program as required under Section 402 (b)(8) of the CWA and implementing regulations or by the requirements of the approved State pretreatment program, as appropriate. Section D. Pretreatment Programs Under authority of sections 307 (b) and (c) and 402(b)(8) of the CWA and implementing regulations 40 CFR 403, North Carolina General Statute 143-215.3(14) and implementing regulations 15A NCAC 02H .0900, and in accordance with the approved pretreatment program, all provisions and regulations contained and referenced in the pretreatment program submittal are an enforceable part of this permit. [40 CFR 122.440)(2)] The Permittee shall operate its approved pretreatment program in accordance with Section 402(b)(8) of the CWA, 40 CFR 403, 15A NCAC 02H .0900, and the legal authorities, policies, procedures, and financial provisions contained in its pretreatment program submission and Division approved modifications thereof. Such operation shall include but is not limited to the implementation of the following conditions and requirements. Terms not defined in Part II or Part IV of this permit are as defined in 15A NCAC 02H .0903 and 40 CFR 403.3. 1. Sewer Use Ordinance (SUO) The Permittee shall maintain adequate legal authority to implement its approved pretreatment program. [ 15A NCAC 02H .0903(b)(32), .0905 and .0906(b)(1); 40 CFR 403.8(f)(1) and 403.9(b)(1) and (2)] 2. Industrial Waste Survey (IWS) The Permittee shall implement an 1WS consisting of the survey of users of the POTW collection system or treatment plant, as required by 40 CFR 403.8(f)(2)(i-iii) and 15A NCAC 02H .0905 [also 40 CFR 122.440)(1)], including identification of all Industrial Users that may have an impact on the POTW and the character and amount of pollutants contributed to the POTW by these Industrial Users and identification of those Industrial Users meeting the definition of SIU. Where the Permittee accepts wastewater from one or more satellite POTWs, the IWS for the Permittee shall address all satellite POTW services areas, unless the pretreatment program in those satellite service areas is administered by a separate Permittee with an approved Pretreatment Program. The Permittee shall submit a summary of its IWS activities to the Division at least once every five years, and as required by the Division. The 1WS submission shall include a summary of any investigations conducted under paragraph C.2.c. of this Part. [15A NCAC 02H .0903(b)(13), .0905 and .0906(b)(2); 40 CFR 403.8(f)(2) and 403.9] 3. Monitoring Plan The Permittee shall implement a Division -approved Monitoring Plan for the collection of facility specific data to be used in a wastewater treatment plant Headworks Analysis (HWA) for the development of specific pretreatment local limits. Effluent data from the Plan shall be reported on the DMRs (as required by Parts II.D and II.E.5.). [15A NCAC 02H .0903(b)(16), .0906(b)(3) and .0905] 4. Headworks Analysis (HWA) and Local Limits The Permittee shall obtain Division approval of a HWA at least once every five years, and as required by the Division. Within 180 days of the effective date of this permit (or any subsequent permit modification) the Permittee shall submit to the Division a written technical evaluation of the need to revise local limits (i.e., an updated HWA or documentation of why one is not needed) [40 CFR 122.441. The Permittee shall develop, in accordance with 40 CFR 403.5(c) and 15A NCAC 02H .0909, specific Local Limits to implement the prohibitions listed in 40 CFR 403.5(a) and (b) and 15A NCAC 02H .0909. Pursuant to 40 CFR 403.5, local limits are Version 1110912011.1 NPDES Permit Standard Conditions Page 17 of 18 e Pretreatment Standards as defined by 40 CFR 403.3(1). [15A NCAC 02H .0903(b)(10), .0905, and Industrial User Pretreatment Permits (IUP) & Allocation Tables In accordance with NCGS143-215.1, the Permittee shall issue to all Significant Industrial Users, permits for operation of pretreatment equipment and discharge to the Permittee's collection system or treatment works. These permits shall contain limitations, sampling protocols; reporting requirements, appropriate standard and special conditions, and compliance schedules as necessary for the installation of treatment and control technologies to assure that their wastewater discharge will meet all applicable pretreatment standards and requirements. The Permittee shall maintain a current Allocation Table (AT) which summarizes the results of the HWA and the limits from all IUPs. Permitted IUP loadings for each parameter cannot exceed the treatment capacity of the POTW as determined by the HWA. [15A NCAC 02H .0906(b)(6), .0909, .0916, and .0917; 40 CFR 403.5, 403.8(f)(1)(iii); NCGS 143-215.67(a)] 6. Authorization to Construct (AtQ The Permittee shall ensure that an Authorization to Construct permit (AtQ is issued to all applicable Industrial Users for the construction or modification of any pretreatment facility. Prior to the issuance of an AtC, the proposed pretreatment facility and treatment process must be evaluated for its capacity to comply with all Industrial User Pretreatment Permit (IUP) limitations. [15A NCAC' 02H .0906(b)(7) and .0905; NCGS 143- 215.1(a)(8)] 7. POTW Inspection & Monitoring of their IUs The Permittee shall conduct inspection, surveillance, and monitoring activities as described in its Division approved pretreatment program in order to determine, independent of information supplied by Industrial Users, compliance with applicable pretreatment standards. [15A NCAC 02H .0908(e); 40 CFR 403.8(f)(2)(v)] The Permittee must: a. Inspect all Significant Industrial Users (SIUs) at least once per calendar year; b. Sample all Significant Industrial Users (SIUs) at least once per calendar year for all SIU permit -limited parameters including flow except as allowed under 15A NCAC .0908(e); and c. At least once per year, document an evaluation of any non -significant categorical Industrial User for compliance with the requirements in 40 CFR 403.3(v)(2), and either continue or revoke the designation as non- significant. 8. IU Self Monitoring and Reporting The Permittee shall require all Industrial Users to comply with the applicable monitoring and reporting requirements outlined in the Division -approved pretreatment program, the industry's pretreatment permit, or in 15A NCAC 02H .0908. [15A NCAC 02H .0906(b)(5) and .0905; 40 CFR 403.8(f)(1)(v) and (2)(iii); 40 CFR 122.440)(2) and 40 CFR 403.121 9. Enforcement Response Plan (ERP) The Permittee shall enforce and obtain appropriate remedies for violations of all pretreatment standards promulgated pursuant to section 307(b) and (c) of the CWA (40 CFR 405 et. seq.), prohibitive discharge standards as set forth in 40 CFR 403.5 and 15A NCAC 02H .0909, specific local limitations, and other pretreatment requirements. All remedies, enforcement actions and other, shall be consistent with the Enforcement Response Plan (ERP) approved by the Division. [15A NCAC 02H .0903(b)(7), .0906(b)(8) and .0905; 40 CFR 403.8(f)(5)] 10. Pretreatment Annual Reports (PAR) The Permittee shall report to the Division in accordance with 15A NCAC 02H .0908. In lieu of submitting annual reports, Modified Pretreatment Programs developed under 15A NCAC 02H .0904 (b) may be required to submit a partial annual report or to meet with Division personnel periodically to discuss enforcement of pretreatment requirements and other pretreatment implementation issues. For all other active pretreatment programs, the Permittee shall submit two copies of a Pretreatment Annual Report (PAR) describing its pretreatment activities over the previous calendar year to the Division at the following address: Version 1110912011.1 NPDES Permit Stand NC DENR / Division of Water Resources / Water Quality Permitting Section Pretreatment, Emergency Response, and Collection Systems (PERCS) Unit 1617 Mail Service Center Raleigh, North Carolina 27699-1617 These reports shall be submitted by March 1 of each year and shall contain the following: a. Narrative A narrative summary detailing actions taken, or proposed, by the Permittee to correct significant non- compliance and to ensure compliance with pretreatment requirements; b. Pretreatment Program Summary (PPS) A pretreatment program summary (PPS) on forms or in a format provided by the Division; c. Significant Non -Compliance Report (SNCR) A list of Industrial Users (IUs) in significant noncompliance (SNC) with pretreatment requirements, and the nature of the violations on forms or in a format provided by the Division; d. Industrial Data Summary Forms (IDSF) Monitoring data from samples collected by both the POTW and the Significant Industrial Users (SIUs). These analytical results must be reported on Industrial Data Summary Forms (IDSF) or on other forms or in a format provided by the Division; e. Other Information Copies of the POTW's allocation table, new or modified enforcement compliance schedules, public notice of IUs in SNC, a summary of data or other information related to significant noncompliance determinations for IUs that are not considered SIUs, and any other information, upon request, which in the opinion of the Director is needed to determine compliance with the pretreatment implementation requirements of this permit; 11. Public Notice The Permittee shall publish annually a list of Industrial Users (IUs) that were in significant noncompliance (SNC) as defined in the Permittee's Division -approved Sewer Use Ordinance with applicable pretreatment requirements and standards during the previous twelve month period. This list shall be published within four months of the applicable twelve-month period. [15A NCAC 02H .0903(b)(34), .0908(b)(5) and .0905 and 40 CFR 403.8(f)(2)(viii)] 12. Record Keeping The Permittee shall retain for a minimum of three years records of monitoring activities and results, along with support information including general records, water quality records, and records of industrial impact on the POTW and shall retain all other Pretreatment Program records as required by 15A NCAC 02H .0908(f). [15A NCAC 02H .0908(f); 40 CFR 403.12(o)] 13. Pretreatment Program Resources The Permittee shall maintain adequate funding and qualified personnel to accomplish the objectives of its approved pretreatment program. and retain a written description of those current levels of inspection. [15A NCAC 02H .0906(b)(9) and (10) and .0905; 40 CFR 403.8(f)(3), 403.9(b)(3)] 14. Modification to Pretreatment Pro rg ams Modifications to the approved pretreatment program including but not limited to local limits modifications, POTW monitoring of their Significant Industrial Users (SIUs), and Monitoring Plan modifications, shall be considered a permit modification and shall be governed by 40 CFR 403.18, 15 NCAC 02H .0114 and 15A NCAC 02H .0907. Version 1110912011.1 Water Resources ENVIRONMENTAL QUALITY ROY COOPER Governor MICHAEL S. REGAN Secretag S. JAY ZIMMERMAN Direclor March 30, 2017 Mr. Harris Merrill, Jr. Indian Creek Resort, LLC.' 8000 Capps Ferry Road Douglasville, GA 30132 Subject: Permit Renewal Application No. NCO065889 Catatoga at Lake Toxaway WWTP Transylvania County Dear Mr. Merrill: The Water Quality Permitting Section acknowledges receipt of your permit application and supporting documentation received on March 27, 2017. The primary reviewer for this renewal application is Anjali Orlando. The primary reviewer will review your application, and he will contact you if additional information is required to complete your permit renewal. Per G.S. 150B-3 your current permit does not expire until permit decision on the application is made. Continuation of the current permit is contingent on timely and sufficient application for renewal of the current permit. Please respond in a timely manner to requests for additional information necessary to complete the permit application. If you have any additional questions concerning renewal of the subject permit, please contact Anjali Orlando at 919-807-6388 or Anjali.Orlando@ncdenr.gov. cc: Central Files NPDES Ashe�i1lle egi Sincerely, Wren Thedford Wastewater Branch State of North Carolina I Environmental Quality 1 Water Resources 1617 Mail Service Center i Raleigh, North Carolina 27699-1617 919-807-6300 RECEIVED Division of Water Resources APR - 5 2017 Water Quality Regional Operations Asheville Regional Office __ atato a March 13, 2017 NCDENR / DWR / NPDES Unit Wren Thedford 1617 Mail Service Center Raleigh, NC 27699 —1617 RE: Catatoga at Lake Toxaway, NCOO65889 Sludge Management Plan Dear Mr. Thedford; RECEIVEDUDEOIDWR MAR 2.7 2017 WalerQualil Permitting S02C yon Catatoga at Lake Toxaway's, NCO065889, sludge is wasted to the digester. The digester is emptied as needed. Sludge is disposed of at the City of Brevard WWTP. If you have any questions or need any additional information, please contact Goldie Associates at (864)882-8194 ext. 139. Sincerely; , / /'� / 41, 7) NPDES APPLICATION - FORM D r privately -owned treatment systems treating 100% domestic wastewaters <1.0 MGD Mail the complete application to: N. C. DENR / Division of Water Resources / NPDES Unit 1617 Mail Service Center, Raleigh, NC 27699-1617 NPDES Permit XC0065889 ff you are completing this form in computer use the TAB key or the up - down arrows to move from one field to the next. To check the boxes, click your mouse on top of the box Otherwise, please print or type. 1. Contact Information: Owner Name Indian Creek Resort, LLC Facility Name Mailing Address City State / Zip Code Telephone Number Fax Number e-mail Address Catatoga at Lake Toxaway C/O Harrison Merrill, Jr, Kudzu Funding, 8000 Capps Ferry Rd Douglasville GA, 30132 (404)467-6918 Whmerrilltrust.com 2. Location of facility producing discharge: Check here if same address as above ❑ Street Address or State Road Indian Creek Trail off Hwy 64 City Lake Toxaway State / Zip Code County NC, 28747 Transylvania 3. Operator Information: Name of the firm, public organization or other entity that operates the facility. (Note that this is not referring to the Operator in Responsible Charge or ORC) Name Goldie Associates Mailing Address 210 W. N. Second Street City Seneca State / Zip Code SC, 29678 Telephone Number (864)882-8194 Fax Number (864)882-0851 e-mail Address drew agoldieassociates.com ; miranda©goldieassociates.com 100 FornrD 11112 NPDES APPLICATION - FORM D r privately -owned treatment systems treating 100% domestic wastewaters <1.0 MGD ription of wastewater: Facility Generating Wastewater(check all that applyp Industrial ❑ Number of Employees Commercial ® Number of Employees 20 Residential ® Number of Homes 300 School ❑ Number of Students/Staff Other ❑ Explain: Describe the source(s) of wastewater (example: subdivision, mobile home park, shopping centers, restaurants, etc.): Flow is from resort community of 2 and 3 bedroom units and from Sky Terra Health and Wellness facility which is an exercise facility and restaurant Number of persons served: currently serving approximately 35 8. Type of collection system, ® Separate (sanitary sewer only) ❑ Combined (storm sewer and sanitary sewer) 6. Outfall Information: Number of separate discharge points 1 Outfall Identification numbers) 001 Is the outfall equipped with a diffuser? ❑ Yes ® No 7. Name of receiving streams) (NEW anglicants: Provide a map showing the exact location of each outfallp. Indian Creek S. Frequency of Discharge: ® Continuous ❑ Intermittent If intermittent: Days per week discharge occurs: 7 Duration: 9. Describe the treatment system List all installed components, including capacities, provide design removal for BOD, TSS, nitrogen and phosphorus. If the spaces provided is not sufficient, attach the description of the treatment system in a separate sheet of paper. See attached 2of3 Form-D 11/12 NPDES APPLICATION - FORM D ►r privately -owned treatment systems treating 100% domestic wastewaters <1.0 MGD iw Information: Treatment Plant Design flow 1.40 MGD (0.025 present, 0.115 future upgrade Annual Average daily flow 0.0067 MGD (for the previous 3 years) Maximum daily flow 0.001 MGD (for the previous 3 years) 11. Is this facility Iocated on Indian country? ❑ Yes ® No 12. Effluent Data ANEW APPLICAArM Provide data for the parameters listed. Fecal Coliform, Temperature and pH shall be grab samples, for all other parameters 24-hour composite sampling shall be used. If more than one analysis is reported, report daily maximum and monthly average. If only one analysis is reported, report as daily maximum. RENEWAL APPLICANTS: Provide the highest single reading (Daily Maximum) and Monthly Average over the past 36 months or�rameters currenth in r our nermit. k other ar rmet "N/A" Parameter Daily Maximum Monthly Averse Units of Measurement Biochemical Oxygen Demand (BODs) 43.6 12.45 mg/1 Fecal Coliform 150 2.72 cfu/ 100 m1 Total Suspended Solids 36 12.98 mg/1 Temperature (Summer) 29.8 25.9 C Temperature (Winter) 17.2 14.2 C pH 7.6 7.09 su 13. List all permits, construction approvals and/or applications: Type Permit Number Type Hazardous Waste (RCRA) UIC (SDWA) NPDES PSD (CAA) Non -attainment program (CAA) NCO065889 14. APPLICANT CERTIFICATION NESHAPS (CAA) Ocean Dumping (MPRSA) Dredge or fill (Section 404 or CWA) Other Permit Number I certify that I am familiar with the information contained in the application and that to the best of my knowledge and belief such information is true, complete, and accurate. Printed name of Person Title Date North Carolina General Statute 143-215.6 (bX2) states: Any person who knowingly makes any false statement representation, or certification in any application, record, report, plan, or other document files or required to be maintained under Article 21 or regulations of the Environmental Management Commission Implementing that Article, or who falsifies, tampers with, or knowingly renders inaccurate any recording or monitoring device or method required to be operated or maintained under Article 21 or regulations of the Environmental Management Commisslon implementing that Adele, shall be guilty of a misdemeanor punishable by a fine not to exceed $26,000, or by imprisonment not to exceed six months, or by both. (18 U.S.C. Section 1001 provides a punishment by a line of not more than $25,000 or imprisonment not more than 5 years, or Moth, for a similar offense.) 3of3 Form-D 11112 )ES Application for Permit Renewal — Form D 9..Descriibe the treatment system List all installed components, including capacities, provide design removal for BOD, TSS, nitrogen and phosphorus. If the space provided is not sufficient, attach the description of the treatment system in a separate sheet of paper. Existing facilities include 0.025 mgd extended air plant with 0.140 mgd UV disinfection. Proposed Treatment Train Though the discharge limits have not been established at this point, the proposed facilities based on the assumed limits of 5 mg/L BOD and 2 mg/L of NH3-N would be: • Pretreatment by screening • Flow equalization (35,000gallons) • Modified Ludzack— Ettinger (MLE) process (first stage anoxic —second stage aerobic) • Secondary clarification • Activated sludge return • Scum removal • Fixed media clarification (fixed media filters) • Ultraviolet disinfection • Activated sludge wasting • Aerated sludge holding • Flow metering ROY COOPER Governor NBCHAEL S. REGAN Secretary S. JAY ZUV24ERMAN Director Water Resources ENVIRONMENTAL QUALITY ]. August 1, 2017 Mr. Harrison Merrill 8000 Capps Ferry Road Douglasville, GA 30135 SUBJECT: Compliance Evaluation Inspection Catatoga at Lake Toxaway Permit No: NCO065889 Transylvania County Dear Mr. Merrill: Enclosed please find a copy of the Compliance Evaluation Inspection conducted on July 28, 2017. The facility was found to be in compliance with permit NCO065889. The following items were noted during the inspection: • Repair or replace the fence surrounding the facility. • Overhanging trees should be trimmed back to prevent fallen plant material from interfering with facility operation. • Replace the non-functional UV bulb in the disinfection system. • Repair or replace the battery backup UV power supply. The assistance of Mr. Andrew Hooper, during the inspection was greatly appreciated. If there are questions or additional information is' needed regarding system operation, maintenance, or permit questions, please feel free to contact me at 828-296-4500. Please refer to the enclosed inspection report for additional observations and comments. Sincerely, c r� Tim Heim, P.E. Environmental Engineer Enc. cc: Andrew Hooper, ORC MSC 1617-Central Files -Basement OKA_sXe0u 1-lliles, G:\WR\WQ\Transylvania\Wastewater\Minors\Indian Creek- Catatoga 65889\CSI Letter 2017.Doc State of North Carolina I Environmental Quality I Water Resources 2090 U.S. Highway 70 Swannanoa, NC 28778 828 296 4500 United States Environmental Protection Agency Form Approved. EPA Washington, D.C. 20460 OMB No. 2040-0057- Water Compliance Inspection Report Approval expires 8-31-98 Section A: National Data System Coding (i.e., PCS) Transaction Code NPDES yr/mo/day Inspection Type Inspector FacType' 1 IN 1 2 15 I 3 I NCO065889 I11 12 17/07/26 17 181 C I 19 L G j 201 I 21I111 I I I I I I II I I I I I I I I I I I I I I I I I I I I I I I II I I I I I f6 Inspection Work Days Facility Self -Monitoring Evaluation Rating B1 CIA --- Reserved-------- 72 LJ 731 74 751 67 70LJ 71 ty1I I I I I 80 Section B: Facility Data Name and Location of Facility Inspected (For Industrial Users discharging to POTW, also include Entry Time/Date Permit Effective Date POTW name and NPDES permit Number) 02:OOPM 17/07/28 13/02/01 Catatoga at Lake Toxaway WWTP Indian Creek Trl Off US Hwy 64 Exit Time/Date Permit Expiration Date Lake Toxaway NC 28747 03:OOPM 17/07/28 17/08/31 Name(s) of Onsite Representative(s)fritles(s)/Phone and Fax Number(s) Other Facility Data Andrew Duane Hooper/ORC/864-903-4637/ Name, Address of Responsible Official/Title/Phone and Fax Number Contacted Harrison Merrill,8000 Capps Ferry Rd Douglasville GA 301356525//404-467-6918/ No Section C: Areas Evaluated During Inspection (Check only those areas evaluated) Permit E Flow Measurement Operations & Maintenance N Records/Reports Self -Monitoring Program E Facility Site Review Effluent/Receiving Waters Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary) (See attachment summary) Name(s) and Signature(s) of Inspector(s) Agency/Office/Phone and Fax Numbers Date Timothy H Heim ARO WQ//828-296-4665/ I Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date EPA Form 3560-3 (Rev 9-94) Previous editions are obsolete. Page# NPDES yr/mo/day Inspection Type (Cont.) 1 31 NCO065889 I11 121 17/07/28 117 18 ICI Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary) Tim Heim of the Asheville Regional Office performed a Compliance Evaluation Inspection on July 28th, 2017. Andrew Hooper (ORC) assisted with the inspection and facility review. The facility appeared well. maintained and operated at the time of the inspection, and in compliance with Permit NC0065889. The following items were noted during the inspection and should be corrected: Repair or replace the fence surrounding the facility. It is recommended that overhanging trees be trimmed back to prevent fallen plant material from interfering with facility operation. Replace the non-functional UV bulb in the disinfection system. Repair or replace the battery backup UV power supply. Page# Permit: NCO065889 Owner - Facility: Catatoga at Lake Toxaway WWTP :ion Date: 07/28/2017 Inspection Type: Compliance Evaluation ons & Maintenance Ib U IC Niant generally clean with acceptable housekeeping? Does the facility analyze process control parameters, for ex: MLSS, MCRT, Settleable Solids, pH, DO, Sludge Judge, and other that are applicable? Yes No NA NE ■ ❑ ❑ ❑ ❑ ❑ ❑ Comment: Facility was well maintained and operated at the time of the inspection. The fence surrounding the facility should be repaired or replaced to prevent access by animals and the public. It is recommended that overhanging trees be trimmed back to prevent leaves and sticks from interfering with plant operation. Permit Yes No NA NE (If the present permit expires in 6 months or less). Has the permittee submitted a new ❑ ❑ ❑ application? Is the facility as described in the permit? 0 ❑ ❑ ❑ # Are there any special conditions for the permit? ❑ ❑ 0 ❑ Is access to the plant site restricted to the general public? M ❑ ❑ ❑ Is the inspector granted access to all areas for inspection? ❑ ❑ ❑ Comment: Repair or replace fence. Bar Screens Yes No NA NE Type of bar screen a.Manual b.Mechanical ❑ Are the bars adequately screening debris? M ❑ ❑ ❑ Is the screen free of excessive debris? M ❑ ❑ ❑ Is disposal of screening in compliance? N ❑ ❑ ❑ Is the unit in good condition? 0 ❑ ❑ ❑ Comment: Secondary Clarifier Yes No NA NE Is the clarifier free of black and odorous wastewater? M ❑ ❑ ❑ Is the site free of excessive buildup of solids in center well of circular clarifier? M ❑ ❑ ❑ Are weirs level? N ❑ ❑ ❑ Is the site free of weir blockage? M ❑ ❑ ❑ Is the site free of evidence of short-circuiting? ❑ ❑ ❑ Is scum removal adequate? 0 ❑ ❑ ❑ Is the site free of excessive floating sludge? M ❑ ❑ ❑ Page# 3 IF Permit: NC0065889 Owner - Facility: Catatoga at Lake Toxaway WWTP Inspection Date: 07/28/2017 Inspection Type: Compliance Evaluation Secondary Clarifier Yes No NA NE Is the drive unit operational? ❑ ❑ E ❑ Is the return rate acceptable (low turbulence)? ❑ ❑ ❑ Is the overflow clear of excessive solids/pin floc? 00 ❑ ❑ Is the sludge blanket level acceptable? (Approximately % of the sidewall depth) E ❑ ❑ ❑ Comment: Aeration Basins Yes No NA NE Mode of operation Ext. Air Type of aeration system Diffused Is the basin free of dead spots? 0 ❑ ❑ ❑ Are surface aerators and mixers operational? 0 ❑ ❑ ❑ Are the diffusers operational? 0 ❑ ❑ ❑ Is the foam the proper color for the treatment process? 0 ❑ ❑ ❑ Does the foam cover less than 25% of the basin's surface? 0 ❑ ❑ ❑ Is the DO level acceptable? ❑ ❑ ❑ 0 Is the DO level acceptable?(1.0 to 3.0 mg/1) ❑ ❑ ❑ Comment: Disinfection - UV Yes No NA NE Are extra UV bulbs available on site? ❑ 0 ❑ ❑ Are UV bulbs clean? N ❑ ❑ ❑ Is UV intensity adequate? 0 ❑ ❑ ❑ Is transmittance at or above designed level? ❑ ❑ ❑ Is there a backup system on site? 0 ❑ ❑ ❑ Is effluent clear and free of solids? 0 ❑ ❑ ❑ Comment: One of the five UV bulbs was out and should be replaced. The UV battery backup system is not working and should be repaired. Page# 4 fI LLLL.l 1ViJL&L1V11 l..Vll LA V1 IJ,'0LL:111 VIJ%,A gLVI JJGJlrl1"L1Vll 1' V 1 ill WPCSOCC NCAC 15A 8G .0201 Permittee Owner/Officer Name: 6±t e2A:Zt Q1a 4M &AEV= i2L,=,6l2T>'r L L- - / L'z CCCL6 Mailing Address: V-(Ji rZ) City: State: 64 Zip: IY2 - Phone #: (4VL) q?- '5Z577 Email address: 60L� CGb Signature: Date: t) Facility Name: �f Crn;, 1?8_5-/'f�C_ Permit #:/A/Coo6,TjeX SUBMIT A SEPARATE FORM FOR EACH TYPE SYSTEMI eso`wz `Ijt z Q� Facility Type/Grade: Biological WWTP g Surface Irrigation Physical/Chemical Land Application Collection System ............................................................................................................ ............. . .... Operator in Responsible Charge (ORC) ®� Print Full Name: r env z� Certificate Type / Grade / umber: AW2 9/ Y�1-1S Work Phone #: Signature: Date: 'I lit.b 3 "I certify that I agree to my designation as the Operator in Responsible Charge for the facility noted. I understand and will abide by the rules and regulations pertaining to the responsibilities of the ORC as set forth in 15A NCAC 08G .0204 and failing to do so can result in Disciplinary Actions by the Water Pollution Control System Operators Certification Commission." .................................................................................................................................................... Back -Up Operator in Responsible Charge (BU ORC) Print Full Name: 9L` b err Or (- Certificate Type / Grade / Num/bbeer:,,��_ lit% 3— S-3 `�`-' Work Phone #: (�6�/) � �a Y/ (7� Signature: 2a&di l ��. Date: 7 v l 5'^ ®0 �— "I certify that I agree to my designation as a Back-up Operator in Responsible Charge for the facility noted. I understand and will abide by the rules and regulations pertaining to the responsibilities of the BU ORC as set forth in 15A NCAC 08G .0205 and failing to do so can result in Disciplinary Actions by the Water Pollution Control System Operators Certification Commission." ..................................................................................................................................................... Mail, fax or email the WPCSOCC, 1618 Mail Service Center, Raleigh, NC 27699-1618 Fax: 919.807.6492_ original to: E natl. certadmifiQ.ncdenr eov Mail orfar a copy to the Asheville appropriate Regional Office. 2090 US Hwy 70 Swannanoa 28778 Fax: 828.299.7043. Phone: 828.296.4500 Washington 943 Washington Sq Mall Washington 27889 Fax: 252.946.9215 Phone: 252.946.6481 Fayetteville 225 Green St Suite 714 Fayetteville 28301-5043 Fax: 910.486.0707 Phone: 910.433.3300 Wilmington 127 Cardinal Dr Wilmington 28405-2845 Fax: 910.350.2018 Phone: 910.796.7215 Mooresville 610 E Center Ave Suite 301 Mooresville 28115 Fax: 704.663.6040 Phone: 704.663.169, Winston-Salem 585 Waughtown St Winston-Salem 2710 f - Fax: 336.771.4631 Phone: 336.7715000 Revised 02-2013 Facility Name: c7 jCc.. 7,4 � d1 ^C'C/` C'S�.'' � L Permit #: /V C D 0 6 �� I ................................................ .,................................................................................................. Back -Up Operator in Responsible Charge (BU ORC) Print Full Name: Certificate Type / Grade / Number: a " 9 e2 �/_5- Work Phone #: (U6,�%, Signature: �//�/J'1.� ��, Date: %- f "I certify that I agree to my designation as a Back-up Operator in Responsible Charge for the facility noted. I understand and will abide by the rules and regulations,pertaining to the responsibilities of the BU ORC as set forth in 15A NCAC 08G .0205 and failing to do so can result in Disciplinary Actions by the Water Pollution Control System Operators Certification Commission." .................................................................................................................................................... Back -Up Operator in Responsible Charge (BU ORC) Print Full Name: y Certificate Type./ Grade / Number: Signature: Work Phone #: 9 . "I certify that I agree to my designation as a'Back-up Operator in Responsible Charge for the facility noted. I understand and will abide by the rules and regulations pertaining to therespbnsibilities of the BU ORC as set forth in 15A NCAC 08G .0205 and failing to do so can result in Disciplinary Actions by the Water Pollution Control System Operators Certification Commission." Back -Up Operator in Responsible Charge (BU ORC) Print Full Name: Certificate Type / Grade / Number: Signature: Work Phone #: ( i Date: "I certify that I agree to my designation as a Back-up Operator in Responsible Charge for the facility noted. I understand and will abide by the rules and regulations pertaining to the responsibilities of the BU ORC as set forth in 15A NCAC 08G .0205 and failing to do so can result in Disciplinary Actions by the Water Pollution Control System Operators Certification Commission." ................................................................................................................................................... Back -Up Operator in Responsible Charge (BU ORC) Print Full Name: Certificate Type / Grade / Number: Work Phone #: ( i Signature: Date: "I certify that I agree to my designation as a Back-up Operator in Responsible Charge for the facility noted. I understand and will abide by the rules and regulations pertaining to the responsibilities of the BU ORC as set forth in 15A NCAC 08G .0205 and failing to do so can result in Disciplinary Actions by the Water Pollution Control System Operators Certification Commission." ............................................................................................................................................................................ Revised 02-2013 AT Af WA ��� NCDENR North Carolina Department of Environment and Natural Resources ue Division of Water Quality Charles Wakild, P.E. Director October 4, 2012 BROOK COLE, DIRECTOR OF PLANNING & DEVELOPMENT INDIAN CREEK RESORT, LLC 8000 CAPPS FERRY ROAD DOUGLASVILLE, GA 30132 Dear Mr. Cole: Dee Freeman Secretary,,.---, OCT 23 2012 ..' ITY Subject: Receipt of permit renewal application NPDES Permit NCO065889 Catatoga at Lake Toxaway Transylvania County The NPDES Unit received your permit renewal application on October 4, 2012. A member of the NPDES Unit will review your application. They will contact you if additional information is required to complete your permit renewal. You should expect to receive a draft permit approximately 30=45 days before your existing permit expires. If you have any additional questions concerning renewal of the subject permit, please contact Maureen Kinney at (919) 807-6388. wo 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Location: 512 N. Salisbury St. Raleigh, North Carolina 27604 Phone: 919-807-63001 FAX: 919-807-6492 Internet: www.nGwaterquality.org An Equal Opportunity 1 Affirmative Action Employer Sincerely, Le Davis -Houston Source Branch Nne orthCarolina Aaturally KUDZU FUNDING, LLC 8000 Capps Ferry Road Douglasville, Georgia 404-495-9577 September 12, 2012 Ms. Dina Sprinkle NC DENR/DWQ/ Point Source Branch 1617 Mail Service Center Raleigh, NC 27699-1617 Re: NPDES Application - Indian Creek Resort, LLC - Catatoga at Dear Ms. Sprinkle: Please find enclosed our completed"NPDES Application for the above note that we were recently notified that this application was delingi being sent to the wrong mailing address as well as the wrong email ad, Should you have any questions, please do not hesitate to contact me. Enclosure SEP 17 20'i2 R Ww44r--�j arm OCT 04 2011 xd facility. I I BC/vs (.-- -, OCT 2 3 2012 ''�' NPDES APPLICATION - FORM D For privately owned treatment systems treating 100% domestic wastewaters Mail.the complete application to: N. C. DENR / Division of Water Quality / NPDES Unit 1617 Mail Service Center, Raleigh, NC 27699-1617 NPDES Permit INCO065889 If you are completing this form in computer use the TAB key or the up - down arrows to move from one field to the next. To check the boxes, click your mouse on top of the box. Otherwise, please print or type. 1. Contact Information: Owner Name Indian Creek Resort, LLC Facility Name Catatoga at Lake Toxaway Mailing Address % Brook Cole, Kudzu Funding, 8000 Capps Ferry Rd. City Douglasville State / Zip Code GA 30132 Telephone Number (404) 495-9577 Fax Number ( ) e-mail Address. bcole@merrilltrust.com 2. Location of facility producing discharge: Check here if same address as above ❑ Street Address or State Road Indian Creek Trail off of Hwy 64 City Lake Toxaway State / Zip Code NC 28747 County Transylvania 3. Operator Information: Name of the firm, public organization or other entity that operates the facility. (Note that this is not referring to the Operator in Responsible Charge or ORC) Name Goldie & Associates Mailing Address 210 W. N. Second Street City Seneca State / Zip Code SC 29678 Telephone Number (864) 882-8194 Fax Number (864) 882-0851 1 of 3 Form-D 05/08 NPDES APPLICATION - FORM D privately owned treatment systems treating 100% domestic wastewaters <1.0 MGD Description of wastewater: Facility Generating Wastewater(check all that apply): Industrial ❑ Number of Employees Commercial ❑ Number of Employees Residential ® Number of Homes School ❑ Number of Students/Staff Other ❑ Explain: MUAm� Describe the source(s) of wastewater (example: subdivision, mobile home park, shopping centers, restaurants, etc.): Flow is from resort community or 2 and 3 bedroom units. Population served: currently serving approximately 35. S. Type of collection system ® Separate (sanitary sewer only) ❑ Combined (storm sewer and sanitary sewer) 6. Outfall Information: Number of separate discharge points 1 Outfall Identification number(s) 001 Is the outfall equipped with a diffuser? ❑ Yes ® No 7. Name of receiving stream(s) (Provide a map showing the exact location of each outfall): Indian Creek 8. Frequency of Discharge: ® Continuous ❑ Intermittent If intermittent: Days per week discharge occurs: 7 Duration: 9. Describe the treatment system List all installed components, including capacities, provide design removal for BOD, TSS, nitrogen and phosphorus. If the space provided is not sufficient, attach the description of the treatment system in a separate sheet of paper. See attached 2of3 Form-D 05/08 NPDES APPLICATION - FORM D For privately owned treatment systems treating 100%' domestic wastewaters <1 10. Flow Information: Treatment Plant Design flow 01.40 MGD (0.025 present, 0.115 future upgrade) Annual Average daily flow 0.0003 MGD (for the previous 3 years) Maximum daily flow 0.01 MGD (for the previous 3 years) 11. Is this facility located on Indian country? ❑ Yes ® No 12. Effluent Data Provide data for the parameters listed. Fecal Coiiform, Temperature and pHshall be grab samples, for all other parameters 24-hour composite sampling shall be used. If more than one analysis is reported, report daily maximum and monthly average. If only one analysis is reported, report as daily maximum. Parameter Daily Maximum Monthly Average Units of Measurement Biochemical Oxygen Demand (BOD5) 4.2 2.1 mg/1 Fecal Coliform 2 1 cfu/ 100 ml Total Suspended Solids 11.6 2.7 mg/l Temperature (Summer) 21.6 17.4 C Temperature (Winter) 11.9 6.5 C pH 8.0 6.9 su 13. List all permits, construction approvals and/or applications: Type Permit Number Type Hazardous Waste (RCRA) NESHAPS (CAA) UIC (SDWA) Ocean Dumping (MPRSA) NPDES NCO065889 Dredge or fill (Section 404 or CWA) PSD (CAA) Other Non -attainment program (CAA) 14. APPLICANT CERTIFICATION Hermit Number I certify that I am familiar with the information contained in the application and that to the best of my knowledge and belief such information is true, complete, and accurate. Brook Cole Director of Planning and Development North Carolina General Statute 143-215.6 (b)(2) states: Any person who knowingly makes any false statement representation, or certification in any application, record, report, plan, or other document files or required to be maintained under Article 21 or regulations of the Environmental Management Commission implementing that Article, or who falsifies, tampers with, or knowingly renders inaccurate any recording or monitoring device or method required to be operated or maintained under Article 21 or regulations of the Environmental Management Commission implementing that Article, shall be guilty of a misdemeanor punishable by a fine not to exceed $25,000, or by imprisonment not to exceed six months, or by both. (18 U.S.C. Section 1001 provides a punishment by a fine of not more than $25,000 or imprisonment not more than 5 years, or both, for a similar offense.) 3 of 3 Form-D 05/08 NPDES Application for Permit Renewal - Form D 9. Describe the treatment system , List alZ installed components, including capacities, provide design removal forBOD, TSS, nitrogen and phosphorus. If the space provided is not sufficient, attach the description of the treatment system in a separate sheet of paper. Existing facilities include 0.025 mgd extended air plant with 0.140 mgd LTV disinfection. Proposed Treatment Train Though the discharge limits have not been established at this point, the proposed facilities based on the assumed limits of 5 mg/L BOD and 1 mg/L of NH3-N would be: • pretreatment by screening • flow equalization (35,00 gallons) • Modified Ludzack — Ettinger (MLE) process (first stage anoxic — second stage aerobic) • secondary clarification • activated sludge return • scum removal • fixed media clarification (fixed media filters) • ultraviolet disinfection • activated sludge wasting • aerated sludge holding • flow metering Wastewater Treatment System Performance Report for Indian Creek Resort, LLC WWTP for the Operating Period January thru December, 2012 Preface RECE; V L APR 12 2013 Asheville Realon.ril Offfilce On July 20 1999, the North Carolina General Assembly ratified House Bill 1160, the Clean Water Act of 1999, which place significant new reporting requirements on those entities that own or operate wastewater treatment and collection systems. Specific items included: 1. A Spill Response Plan 2. Sewer Collection System Operation & Maintenance Plan 3. Annual Performance Report These new requirements became effective October 1, 1999. This report is designed to meet the minimum requirements for the Annual Performance Report established by the North Carolina Department of Environment and Natural Resources (DEHNR) as set forth in their guidance document dated October 19, 1999. This law was established to provide a mechanism for public oversight (and hopefully, to instill public confidence) in owners and operators of wastewater treatment sysl to protect the waters of the state. RECEIVED APR 1 5 2013 DWQ/Surface Water Protection Section Asheville Regional office eneral Information Facility/System Name Responsible Entity: Indian Creek Resort, LLC WWTP Transylvania. County Hugh Nowell Person(s) in Charge/Contact: Hugh Nowell, Owner/Partner Brooke Cole, Kudzu Funding Company Robert Orr — Operator -in -Responsible Charge (ORC) Henry Dyar, Project Manager - Goldie & Associates Applicable Permits: NPDES # NC0065889 Description of Treatment Process, Collection System, and Facilities Served: Treatment Process — The treatment facility is a typical "Extended Aeration" process capable of treating .025 million gallons per day (MGD). The treated effluent is discharged to Indian Creek, classified as Class C -Trout waters, in the Savannah River Basin. Collection System — The collection system is a standard design consisting of 8-inch diameter Pipe, and standard precast manholes. The system was designed to meet all state standards for wastewater collection systems. Facilities Served — This system serves the Catatoga at Lake Toxaway Development II. WWTP Performance All operating parameters were in compliance with NPDES permit limits for 2012. We take pride in our efforts to protect the local environment and the quality of waters in our streams. III. Collections System Performance The collection system experienced no significant problems for the reporting period. Catatoga maintains a routine operation and maintenance plan for the system. . Notification A notice advising of the availability of this report will be sent to each user. A copy of this report is available to. interested persons by contacting: Kudzu Funding Company Brooke Cole 8000 Capps Ferry Rd Douglasville, GA 30135 Or: Goldie & Associates C/O Henry Dyar 210 West North Second Street Seneca, SC 29678 As required, three -copies of this report are being provided to NCDEHNR. V. Certification I certify that under penalty of law that this report is complete and accurate to the best of my knowledge. l� 2-1 9- Henry Dyar, G ldie & Associates . Date This report prepared by: Henry Dyar Goldie & Associates 210 West North Second Street Seneca, SC 29678 Phone: 864-882-8194 Fax: 864-885-0851 Wastewater Treatment System Performance Report for Indian Creek Resort, LLC WWTP for the Operating Period January thru December, 2010 Preface On July 20 1999, the North Carolina General Assembly ratified House Bill 1160, the Clean Water Act of 1999, which place significant new reporting requirements on those entities that own or operate wastewater treatment and collection systems. Specific items included: 1. A Spill Response Plan 2. Sewer Collection System Operation & Maintenance Plan 3. Annual Performance Report These new requirements became effective October 1, 1999. This report is designed to meet the minimum requirements for the Annual Performance Report established by the North Carolina Department of Environment and Natural Resources (DEHNR) as set forth in their guidance document dated October 19, 1999. This law was established to provide a mechanism for public oversight (and hopefully, to instill public confidence) in owners and operators of wastewater treatment systems and in their efforts to protect the waters of the state,...,..,,.:: - WATER QUALITY SECTION t.. VILLE RESIOVAL ASLtOFFICE l._ __ .. .. _ ....E ,.�., .,.... ,,r Information Facility/System Name: Responsible Entity: Indian Creek Resort, LLC WWTP Transylvania County Hugh Nowell Person(s) in Charge/Contact: Hugh Nowell, Owner/Partner Brooke Cole, Merrill Trust Robert Orr — Operator -in -Responsible Charge (ORC) Henry Dyar, Project Manager - Goldie & Associates Applicable Permits: NPDES # NC0065889 Description of Treatment Process, Collection System, and Facilities Served: Treatment Process — The treatment facility is a typical "Extended Aeration" process capable of treating .025 million gallons per day (MGD). The treated effluent is discharged to Indian Creek, classified as Class C -Trout waters, in the Savannah River Basin. Collection System — The collection system is a standard design consisting of 8-inch diameter Pipe, and standard precast manholes. The system was designed to meet all state standards for wastewater collection systems. Facilities Served — This system serves the Catatoga at Lake Toxaway Development H. WWTP Performance All operating parameters were in compliance with NPDES permit limits for 2010. We take pride in our efforts to protect the local environment and the quality of waters in our streams. M. Collection System Performance The collection system experienced no significant problems for the reporting period. Catatoga maintains a routine operation and maintenance plan for the system. . Notification A notice advising of the availability of this report will be sent to each user. A copy of this report is available to interested persons in the Catatoga maintenance office at the Development or the offices of Goldie & Associates 210 West North Second Street Seneca, SC 29678 As required, three copies of this report are being provided to NCDEHNR. V. Certification I certify that under penalty of law that this report is complete and accurate to the best of my knowledge. Henry Dyar, Goldie & Associates Date This report prepared by: Henry Dyar Goldie & Associates 210 West North Second Street Seneca, SC 29678 Phone: 864-882-8194 Fax: 864-482-6162 W-C OW-0 Laboratory,S'ection Wesutts County: River Basin 1tFRANSYNANITA 4r, Sample ID: PO Number# AB63479 ARO p Date Received: 0911412010 Report To AROSP l C Collector: W FRAZIER C p �fl Time Received: Labworks LoginlD 15:55 KJIMISON Region: ARO Rom..—f '�•1✓ Report Generated: 10/12/10 Sample Matrix: WASTEWATER / �(r/,"J•( J Date Reported: 10/12/2010 Loc. Type: Emergency Yes/No VisitlD COC Yes/No Loc. Descr.: CATATOGA _.00; Location ID: NCO065889 Collect Date: 0911412010 Collect Time: 13:00 Sample Depth CAS # Analyte Name Others Sample temperature at receipt by lab PQL — Result/ Qualifier 4.0 Units °C Method Reference Analysis Date 9/14/10 Validated by SMATHIS aflD, 6-Day in liquid 2 NU mg/L APHA5210B 9/16/10 MOVERMAN COIffO°rrtki MF, eCal I' liquid 1 '1 B2 CFU/100ml. APHA9222D-20th 9/14/10 CGREEN fe'i35�1 l 2�G5� e� r% in liquid 6.2 6.,2 mg/L APHA2540D-20th 9/21/10 CGREEN ,;K t�xrro"Y..av Yi. .p�.+.v.rt .a 9 •. t �- rn-�"• "i t �� OCT 1TI 2010 %,Vk T t:�j QIJAUTY SEC T'ON k 'L Laboratory Section>> 1623 Mail Service Center, Raleigh, NC 27699-1623 (919) 733-3908 For a detailed description of the qualifier codes refer to I `hx,iLSftat_rai_rlr n�Ta=hAv2Aa6+stejtinfcttechas}ist#D !�,_(��i�liFgr Cn�ir=.<htlF±q ai.nc.Aznr_�r�,i}.rtthrq eau,=t�ffnf�!ie=7n�s1sU Page 1 of 1 COUNTY rr h RWERBASIN: et . ri REPORT TO AsheViut Other COLLECTOR(S) : Wanda F Estimated ROD Range: .3 Seed: DIVISION OF WATER QUALITY OCTj A Ch le� i`�try Laboratory Report Water Quality ' I L U CI II ❑ SAMPLE TYPE 4 2010 PRIORITY . ' i ❑ AM 3ENT l � QA —]STREAM PPLUENT f to __ fi /vA-CEP, Q ,11 i Y .1 POMPLIANd CHAIN OF CUSTODY ❑LAIC ❑ INFLUENT r QEMERGENCY VISIT ID " _� ❑ESTUARY zle� y � '_nStation Location: Chlorinated:/ ��`•Sinu+'�n - Remarks: Dat Begin (yy/mm/dd) Date d (yy/f m/dd) Time Been Tame End Depth - DM, DB, DBM Value Type - A, H; L ifl O / iD r i r ry BOD 310 mg/L COD High 340 mg/L COD Low 335 mg/L Coliform: MF Fecal 31616 /100m1 Coliform: MY Total 31504 /100m1 Conform: tube Fecal31615 /loom] Coliform: Fecal Strep 31673 /looml Residue: Total 500 mg/L Volatile505 mp/L Fixed 510 mg/L Residue: Suspended 530 mg/L Volatile 535 mg/L Fixed 540 mg/L pH 403 units Acidity to pH 4S 436 mg/L Acidity to pH 83 435 mg/L Alkalinity to pH 83 415 mg(L Alkalinity to pH 4.5 410 mg/L TOC 680 mg/L Turbidity 76 NTU Caliform Total Tube /100 ml COMMENTS: Chloride 940 mg/L Chlorophyll a EPA 445.0 modified option ug/L Color: True 80 c.m Color. (pH) 83 pH- C.U. Color: pH 7.6 82 C.U. Cyanide 720 mg/L Flnoride 951 mg/L Formaldehyde 71380 mg/L Grease and oils 5S6 mg/L Hardness Total900 mg/L . Specific Cond.95 umhos/cm MBAS 39260 mg/L Phenols 32730 ug/L Sulfate 946 mg(L Sulfide 745 mg/L Boron Tannin & Lignin ug/L Hexavalent Chromium ug/L Bicarbonate mg/L Carbonate mg/L Total Dissolved Solids m9/1. NH3 as N 610 mg/L TKN an N 625 mg/L NO2 plus NO3 as N 630 mg/L P: Total as P 665 mg/L PO4 as P 70507 m91L P: Dissolved as P 666 mg/L K-Potassium mg/L Cd- Cadmium 1027 ug/L Cr-Chromium:Total1034 ug/L Co- Copper ID42 ug/L Ni-Nickel 1067 ug/L Pb- Lead 1051 ng/L Zm- Zinc 1092 ng/L V-Vanadium ug/L Ag- Silver 1077 ug/L Al- Aluminum 1105 ug/L Be- BaTllinm 1012 ug/L Ca- Calcium 916 mg/L Co- Cobalt 1037 ug/L Fe -Iron 1045 ug/L Mo-Molybdeaum ug/L Sb-Antimony ug/L Sn-Tm ug/L Tl-Thallium ug/L Ti-Titanium ug/L Hg-1631 ug/L Lab Number Date Received: • 1 �cn( Time Received Received By Data Released : Date Reported Composite-T, S, B Li -Lithium 1132 ug/L Mg- Magnesium 927 nwA Mn-Mangnuese 1055 ug/L Na- Sodium 929 mg/L Arsenie:Total 1002 ug/L Se -Selenium 1147 ug/L Hg- Mercury 71900 ug/L Ba-Barium ag/L Organochlorine Pesticides Otganophosphorus Pesticides Organoaitrogen Pesticides Acid Herbicides ' Bsse/Nentrsl&Acid Extract. Organics TPH Diesel Range Porgeable Organics (VOA bottle req'd) TPH Gasoline Range TPH/BT'EX Gasoline Range Phytoplankton Temperature on arrival (°C): r A 26 4 "5 . 1 Wastewater Treatment System Performance Report for Indian Creek Resort, LLC WWTP :tN ..a .• for the Operating Period January thru December, 2011! MAR 3 0 2012 f WATER QUAi~'� IrY sEeTIpN A6fi�1/fLLE REaiCN,4L CP-iCE ., .,.it's. ; v = ai ��__• __�� . Preface On July 20 1999, the North Carolina General Assembly ratified House Bill 1160, the Clean Water Act of 1999, which place significant new reporting requirements on those entities that own or operate wastewater treatment and collection systems. Specific items included: 1. A Spill Response Plan 2. Sewer Collection System Operation & Maintenance Plan 3. Annual Performance Report These new requirements became effective October 1, 1999. This report is designed to meet the minimum requirements for the Annual Performance Report established by the North Carolina Department of Environment and Natural Resources (DEHNR) as set forth in their guidance document dated October 19, 1999. This law was established to provide a mechanism for public oversight (and hopefully, to instill public confidence) in owners and operators of wastewater treatment systems and in their efforts to protect the waters of the state. �1 I0W RE A MAR 2 6 2012 UchF--V�5E TER n7UALITY Information 'System Name Responsible Entity: Indian Creek Resort, LLC WWTP Transylvania County Hugh Nowell Person(s) in Charge/Contact: Hugh Nowell, Owner/Partner Brooke Cole, Kudzu Funding Company Robert Orr — Operator -in -Responsible Charge (ORC) Henry Dyar, Project Manager - Goldie & Associates Applicable Permits: NPDES # NC0065889 Description of Treatment Process, Collection System, and Facilities Served: Treatment Process — The treatment facility is a typical "Extended Aeration" process capable of treating .025 million gallons per day (MGD). The treated effluent is discharged to Indian Creek, classified as Class C -Trout waters, in the Savannah River Basin. Collection System — The collection system is a standard design consisting of 8-inch diameter Pipe, and standard precast manholes. The system was designed to meet all state standards for wastewater collection systems. Facilities Served — This system serves the Catatoga at Lake Toxaway Development H. WWTP Performance All operating parameters were in compliance with NPDES permit limits for 2011, except for the following occurrence. In June, 2011 there were a fecal violation. The UV system was cleaned and serviced to prevent further violations. We take pride in our efforts to protect the local environment and the quality of waters in our streams. III. Collection System Performance The collection system experienced no significant problems for the reporting period. Catatoga maintains a routine operation and maintenance plan for the system. i v . lr omicanon A notice advising of the availability of this report will be sent to each user. A copy of this report is available to interested persons by contacting: Kudzu Funding Company Brooke Cole 8000 Capps Ferry Rd Douglasville, GA 30135 M Goldie & Associates C/O Henry Dyar 210 West North Second Street Seneca, SC 29678 As required, three copies of this report are being provided to NCDEHNR. V. Certification I certify that under penalty of law that this report is complete and accurate to the best of my knowledge. Henry Dyar, Goldie & Associates Date This report prepared by: Henry Dyar Goldie & Associates 210 West North Second Street Seneca, SC 29678 Phone: 864-882-8194 Fax: 864-482-6162 ems° NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild, P.E. Governor Director January 26, 2012 Mr. Paul Demick, Chief Financial Officer Indian Creek Resort LLC 3340 Peachtree Road N.E. Atlanta, Georgia 30326 Subject: NOTICE OF VIOLATION NOV-2012-LV-0069 Permit No. NCO065889 Indian Creek Resort WWTP Transylvania County Dear Mr. Demick: Dee Freeman Secretary A review of Indian Creek Resort WWTP's monitoring report for June 2011. showed the following violation:,., Parameter Date Limit:Value - Reported; Value Limit Type Coliform, Fecal MF, M-FC Broth,44.5C 06/08/2011 400 1100rril'' "1,120. #/1oomi" ' Daily Maximum Exceeded Remedial actions, if not already implemented, should be taken to correct any problem. Since the comments section on the reverse of the relevant DMR provided an adequate explanation for the subject violation, it is not requested that a response be submitted. The Division of Water Quality may pursue enforcement action for this and any additional violations of State law. If you should have any questions, please do not hesitate to contact Janet Cantwell at 828/296-4500. Sincerely, Chuck Cra ord, Regional Supervisor -Surface,Water Protection Section cc: DWQ Asheville Files DWQ Central Files Goldie & Associates/ ORC One NorthCarolina ;Vatirra!!1l S:\SWP\Transylvania\WastewaterWlinors\Indian Creek - Catatoga 65889MV-2012-LV-0069.doc North Carolina Division of Water Quality 2090 U.S. Highway 70 Swannanoa, N.C. 28778 Phone(828)296-4500 Internet: www.ncwaterauality.org FAX (828)299-7043 FAL L'-.L-i J J NCDENR North Carolina Department of Environment and Natural Resources Beverly Eaves Perdue Governor Mr. Paul Demick, Chief Financial Officer Indian Creek Resort LLC 3340 Peachtree Road N.E. Atlanta, Georgia 30326 Dear Mr. Demick: Division of Water Quality Charles Wakild, P.E. Director January 26, 2012 Subject: NOTICE OF VIOLATION NOV-2012-LV-0069 Permit No. NCO065889 Indian Creek Resort WWTP Transylvania County Dee Freeman Secretary A review of Indian Creek Resort WWTP's monitoring report for June 2011. showed the following violation: Parameter Date Limit Value Reported Value Limit Type Coliform, Fecal MF, M-FC Broth,44.5C 06/08/2011 400 #/100ml 1,120 #/100ml Daily Maximum Exceeded Remedial actions, if not already implemented, should be taken to correct any problem. Since the comments section on the reverse of the relevant DMR provided an adequate explanation for the subject violation, it is not requested that a response be submitted. The Division of Water Quality may pursue enforcement action for this and any additional violations of State law. If you should have any questions, please do not hesitate to contact Janet Cantwell at 8281296-4500. Sincerely, Chuck Cra ord, Regional Supervisor Surface Water Protection Section 1p.q- DWQAsheville--Files DWQ Central Files Goldie & Associates/ ORC S:\SWP\TransylvaniaV,,iVastewater\Minors\lndian Creek - Catatoaa 65889\NOV-2012-LV-0069.doc North Carolina Division of Water Quality 2090 U.S. Highway 70 Swannanoa, N.C. 28778 Phone(828)296-4500 Internet: www.ncwateraualitv.ora FAX (828)299-7043 NorthCarolina Natrrraltil ILE COPY _A4 - � NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary SURFACE WATER PROTECTION SECTION October 11, 2010 Mr. Paul Demick, Chief Financial Officer Indian. Creek Resort, LLC 3340 Peachtree Road NE; Suite 2200 Atlanta, GA 30326 SUBJECT: Compliance Sampling Inspection Indian Creek Resort WWTP Permit No: NCO065889 Transylvania County Dear Mr. Demick: Enclosed please find a copy of the Compliance Sampling Inspection report from the inspection conducted on September 14, 2010. The facility was found to be in compliance with permit NC0065889. Please refer to the enclosed inspection report for additional observations and comments. If you or your staff should have any questions, please call me at 828-296-4662. Sincerely, 1/;� a L Wanda P. Frazier Environmental Specialist Enclosure cc: Jim Austel / Cal Ersness; 1 Indian Creek Dr.; Lake Toxaway, NC 28747 Henry Dyar, Goldie and Associates Central Files AshI IS Fil S:\SWP\Transylvania\Wastewater\Minors\Indian Creek - Catatoga 65889\CSI 9-14-10.doc SURFACE WATER PROTECTION — ASHEVILLE REGIONAL OFFICE Location: 2090 U.S. Highway 70, Swannanoa, NC 28778 NonrthCarolina Phone: (828) 296-45001 FAX: 828 299-70431 Customer Service: 1-877-623-6748 Naturatlrf Internet: www.ncwaterguality.org r United States Environmental Protection Agency Form Approved. E P n Washington, D.C. 2046o /`� OMB No. 2040-0057 Water Com liance Inspection Report Approval expires 8-31-98 Section A: National Data System Coding (i.e., PCS) Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type 1 I NI 2 I SI 31 NCO065889 111 121 10/09/14 117 18I SI 19I SI 201 1 Remarks 21IIII_IIIIIIIIIIII I I I I I I I I I I I I I I I I I I I I IIII I I I I II16 Inspection Work Days Facility Self -Monitoring Evaluation Rating B1 QA Reserved 671 1.0 169 70131 711 I 72 I N I 73 LLJ 74 751 I I I I I Li W Section B: Facility Data Name and Location of Facility Inspected (For Industrial Users discharging to POTW, also include EntryTime/Date Permit Effective Date P.OTW name and NPDES permit Number) Indian Creek Resort WWTP 12:40 PM 10/09/14 09/04/01 Exit Time/Date Permit Expiration Date US Hwy 64 Lake Toxaway NC 28747 01:10 PM 10/09/14 12/08/31 Name(s) of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data Robert E. Orr/ORC/866-882-8194/ Name, Address of Responsible Official/Title/Phone and Fax Number .Cal Ersness,1 Indian Creek Dr Lake Toxaway NC Contacted 28747//828-966-9552/8288876271 No Section C: Areas Evaluated During Inspection (Check only those areas evaluated) Permit Operations & Maintenance 0 Records/Reports Facility Site Review Effluent/Receiving Waters Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary) (See attachment summary) Name(s) and Signature(s) of Inspector(s) Agency/Office/Phone and Fax Numbers Date Wanda P Frazier ARO WQ//828-296-4500 Ext.4662/ 0 Signature of Management Q—A Agency/Office/Phone and Fax Numbers Date Reviewer EPA Form 3560-3 (Rev 9-94) Previous editions are obsolete. Page # 1 NPDES yr/mo/day Inspection Type (cont.) 1 3I NC0065889 I11 121 10/09/14 117 18I S I Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary) FACILITY DESCRIPTION: The Indian Creek Resort, LLC - Indian Creek Resort WWTP (aka: Catatoga) is a class If facility and rated as a 0.025 MGD metal Aer-O-Flo extended aeration package plant consisting of: manual bar screen; aeration basin, with dual blowers providing diffused air; rectangular clarifier; aerobic digestor; and Trojan UV series 3000 PTP disinfection system with 5 banks of lamps (2 bulbs per bank). Expansion: The EAA for expansion to 140,000 gpd was approved on 1-6-06. The two-phase expansion and permitted flows were approved in 2009 for an increase to 70,000 gpd and 140,000 gpd. The current permit has 3 limits pages: 25,000 gpd, 70,000 gpd and 140,000 gpd. A to Cs: Issued on 9730-2010 for modifications to the existing 25,000 gpd WWTP and expansion to 70,000 gpd consisting of: new manual bar screen; flow splitter box; dual 20,000 gallon concrete flow equalization basins with one 160 scfm blower and one 156 gpm pump; dual 70,000 gallon concrete aeration basins with three 430 scfm blowers; four 8 ft x 8 ft clarifiers with a 12 ft sidewall depth with dual airlift RAS pumps and dual airlift WAS pumps; dual 20,000 gallon aerobic digestors; effluent flow measurement weir; ultrasonic flow meter; and a single channel dual bank UV disinfection unit with a peak flow rate of 195 gpm. Issued on 3-17-2003 for installation of new chlorine and dechlorintation chambers with a (4 ft wide x 4 ft height x 10 ft 3 in long) prefabricated concrete vault with steel baffles and v-notch weir and relocation of the existing tablet chlorinator and tablet dechlorinator. Annual average flow: 0.00083 MGD (3 year average: 2004-2007) Collection System: Consists of 8-inch diameter gravity sewer with precast manholes and 1 pump station with dual pumps and high water alarms, which are inspected daily. Development: Consists of a retirement community with — 15 residential homes serving a population of — 25 residents, maintenance shop, clubhouse / office with swimming pool and tennis courts. There are future plans to expand the development to 400 homes / residential units. Sludge Management: Commercial hauler (Ken McCall of Goldie and Associates) to the Cities of Hendersonville and Page # 2 Permit: NCO065889 Inspection Date: 09/14/2010 Owner - Facility: Indian Creek Resort WWTP Inspection Type: Compliance Sampling Brevard's WWTPs. Excess MLSS are pumped — once per year. PERMIT / INSPECTION / LOG: A review of the files indicates that the last compliance evaluation inspection was conducted on 3-15-2007 by Wanda Frazier. The permit expires on 8-31-2012. Please request a permit renewal 6 months prior to expiration. A renewal notice will be mailed as a reminder. The daily operator log was present on -site and had good notation of daily events, process control and field testing data. TREATMENT UNITS / PROCESS CONTROL TESTING DATA: The activated sludge aeration basin process control data was as follows: Temperature = 18.7 degrees Celsius pH = 6.9 units Dissolved Oxygen = 6.6 mg/I Settleable Solids = <5 ml/I = < 5% Note: Due to low occupancy and low influent flows, MLSS are not accumulated and DOs typically run high. EFFLUENT: The effluent data was as follows: Dissolved Oxygen = 5.8 mg/I pH = 7.0 units Temperature = 18.6 degrees Celsius Chlorine = n/a -- UV disinfection OPERATIONS AND MAINTENANCE / EFFLUENT / SUMMARY: Mr. Robert Orr, ORC, assisted in the inspection and appears to be operating and maintaining the facility very well. The effluent appeared to be in compliance with permit limits. Effluent samples were collected on the day of the inspection. The sample results were as follows: Page # 3 Permit: NCO065889 Inspection Date: 09/14/2010 BOD = 1.2 mg/I TSS = <6.2 mg/I Fecal coliform = < 1 col/100 ml SYSTEM PERFORMANCE ANNUAL REPORT (SPAR): Owner - Facility: Indian Creek Resort WWTP Inspection Type: Compliance Sampling The 2009 System Performance Annual Report was received by the Division on 3-22-2010. Note: According to the Clean Water Act of 1999 (House Bill 1160), the legal requirement for submittal of the System Performance Annual Report is as follows: The owner or operator of any wastewater treatment works or wastewater collection systems that treats or collects primarily domestic or municipal waste, must provide an Annual Report to its users or customers and to the Department of Environment and Natural Resources that summarizes the treatment work's and collection system's performance over a 12 month period. The Annual report is due on March 1st. Page # 4 Permit: NCO065889 Inspection Date: 09/14/2010 Owner - Facility: Indian Creek Resort VVWTP Inspection Type: Compliance Sampling Permit Yes No NA NE (If the present permit expires in 6 months or less). Has the permittee submitted a new application? 00 ■ n Is the facility as described in the permit? ■ n n n # Are there any special conditions for the permit? ■ n n n Is access to the plant site restricted to the general public? ■ n n n Is the inspector granted access to all areas for inspection? ■ n n n Comment: Operations $ Maintenance Yes No NA NE Is the plant generally clean with acceptable housekeeping? ■ n 00 Does the facility analyze process control parameters, for ex: MLSS, MCRT, Settleable Solids, pH, DO, Sludge ■ n n n Judge, and other that are applicable? Comment: Bar Screens Yes No NA NE Type of bar screen a. Manual ■ b. Mechanical n Are the bars adequately screening debris? ■ n n n Is the screen free of excessive debris? ■ n n n Is disposal of screening in compliance? ■ n n n Is the unit in good condition? ■ n n n Comment: Aeration Basins Yes No NA NE Mode of operation Ext. Air Type of aeration system Diffused Is the basin free of dead spots? ■ n n n Are surface aerators and mixers operational? n n ■ n Are the diffusers operational? ■ n n n Is the foam the proper color for the treatment process? ■ n n n Does the foam cover less than 25% of the basin's surface? ■ n Cl n Is the DO level acceptable? ■ n n n Is the DO level acceptable?(1.0 to 3.0 mg/1) Cl n ■ Page # 5 Permit: NC0065889 Owner - Facility: Indian Creek Resort WV%fTP Inspection Date: 09/14/2010 Inspection Type: Compliance Sampling Aeration Basins Comment: Secondary Clarifier Is the clarifier free of black and odorous wastewater? Is the site free of excessive buildup of solids in center well of circular clarifier? Are weirs level? Is the site free of weir blockage? Is the site free of evidence of short-circuiting? Is scum removal adequate? Is the site free of excessive floating sludge? Is the drive unit operational? Is the return rate acceptable (low turbulence)? Is the overflow clear of excessive solids/pin floc? Is the sludge blanket level acceptable? (Approximately'/ of the sidewall depth) Comment: Disinfection - UV Are extra UV bulbs available on site? Are UV bulbs clean? Is UV intensity adequate? Is transmittance at or above designed level? Is there a backup system on site? Is effluent clear and free of solids? Comment: Effluent Pipe Is right of way to the outfall properly maintained? Are the receiving water free of foam other than trace amounts and other debris? If effluent (diffuser pipes are required) are they operating properly? Comment: Yes No NA NE ■nnn nn■n ■nnn ■nnn ■nnn ■nnn ■nnn nn■0 ■nnn ■❑❑❑ ■nnn ■nnn ■n.nn ■ n n n nnn■ ■nnn ■nnn Page # 6 NCQENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary June 25, 2010 Mr.Paul Demick, Chief Financial Officer Indian Creek Resort LLC 3340 Peachtree Road NE Atlanta, Georgia 30326 Subject: NOTICE OF VIOLATION NOV-2010-LV-0239 Permit No. NCO065889 Indian Creek Resort WWTP Transylvania County Dear Mr. Demick: A review of Indian Creek Resort WWTP's monitoring report for March 2010 showed the following violation: Parameter Date Limit Value Reported Limit Type Value Solids, Total Suspended - 03/17/2010 45 mg/I 48 mg/I Daily Maximum Concentration I I Exceeded It was also noted that the Compliance box on the back of the DMR was marked "Compliant" when in fact it should have been marked "Non -Compliant" with an explanation for the non-compliance. Remedial actions should be taken to correct this problem. The Division of Water Quality may pursue enforcement action for this and any additional violations of State law. ,If you should have any questions, please do not hesitate to contact Janet Cantwell at 828/296-4500. Sincerely, Roger C. Edwards, Regional Supervisor Surface Water Protection Section cc: D1NQ'Asheville'Files DWQ Central Files Goldie & Associates/ ORC S.ISWPtTransylvania\WastewaterlMinorslCatatoga 658891NOV-2010-LV-0239.doc NorthCarolina ,Naturally North Carolina Division of Water Quality 2090 U.S. Highway 70 Swannanoa, N.C. 28778 Phone(828)296-4500 Customer Service Internet: www.ncwater6uality.org FAX (828)299-7043 1-877-623-6748 Annual Wastewater Treatment System Performance for ,— - - 11II44 200 i Indian Creek Resort LLC WWTY AADA ` WATER QUALITY SECTION for the Operating Period w; ` AS EVILLE R.u, 'toN°=FicE January thru December, 2009 MAR 222010 Preface On July 20 1999, the North Carolina General Assembly ratified House Bill 1160, the Clean Water Act of 1999, which place significant new reporting requirements on those entities that own or operate wastewater treatment and collection systems. Specific items included: 1. A Spill Response Plan 2. Sewer Collection System Operation & Maintenance Plan 3. Annual Performance Report These new requirements became effective October 1, 1999. This report is designed to meet the minimum requirements for the Annual Performance Report established by the North Carolina Department of Environment and Natural Resources (DEHNR) as set forth in their guidance document dated October 19, 1999. This law was established to provide a mechanism for public oversight (and hopefully, to instill public confidence) in owners and operators of wastewater treatment systems and in their efforts to protect the waters of the state. I. General Information Facility/System Name: Responsible Entity: Indian Creek Resort, LLC WWTP Transylvania County Hugh Nowell Person(s) in Charge/Contact: Hugh Nowell, Owner/Partner Robert Orr — Operator -in -Responsible Charge (ORC) Henry Dyar, Project Manager - Goldie & Associates Applicable Permits: NPDES # NCO065889 Description of Treatment Process, Collection System, and Facilities Served: Treatment Process — The treatment facility is a typical "Extended Aeration" process capable of treating .025 million gallons per day (MGD). The treated effluent is discharged to Indian Creek, classified as Class C -Trout waters, in the Savannah River Basin. Collection System — The collection system is a standard design consisting of 8-inch diameter Pipe, and standard precast manholes. The system was designed to meet all state standards for wastewater collection systems. Facilities Served — This system serves the Catatoga at Lake Toxaway Development U. WWTP Performance All operating parameters were in compliance with NPDES permit limits for 2009. We take pride in our efforts to protect the local environment and the quality of waters in our streams. III. Collection System Performance The collection system experienced no significant problems for the reporting period. Catatoga maintains a routine operation and maintenance plan for the system. IV. Notification A notice advising of the availability of this report will be sent to each user. A copy of this report is available to interested persons in the Catatoga maintenance office at the Development or the offices of: Goldie & Associates 210 West North Second Street Seneca, SC 29678 As required, three copies of this report are being provided to NCDEHNR. V. Certification I certify that under penalty of law that this report is complete and accurate to the best of my knowledge. Henry Dyar, Toldie & Associates Date This report prepared by: Henry Dyar Goldie & Associates 210 West North Second Street Seneca, SC 29678 Phone: 864-882-8194 Fax: 864-882-0851 Annual Wastewater Treatment System Performance Report for-- WAR 1 2 2009 I� �C Indian Creek Resort, LLC WT�P for the Operating Period Z;-- EF"" January thru Decembe , MAR - 9 2009 DENR - WATER QUALITY POINT SOURCEBRANCH Preface On July 20 1999, the North'Carolina General Assembly ratified House Bill 1160, the Clean Water Act of 1999, which place significant new reporting requirements on those entities that own or operate wastewater treatment and collection systems. Specific items included: 1. A Spill Response Plan 2. Sewer Collection System Operation & Maintenance Plan 3. Annual Performance Report These new requirements became effective October 1, 1999. This report is designed to meet the minimum requirements for the Annual Performance Report established by the North Carolina Department of Environment and Natural Resources (DEHNR) as set forth in their guidance document dated October 19, 1999. This law was established to provide a mechanism for public oversight (and hopefully, to instill public confidence) in owners and operators of wastewater treatment systems and in their efforts to protect the waters of the state. I. General Information Facility/System Name Responsible Entity: Indian Creek Resort, LLC WWTP Transylvania County Hugh Nowell Person(s) in Charge/Contact: Hugh Nowell, Owner/Partner Robert Orr — Operator -in -Responsible Charge (ORC) Henry Dyar, Project Manager - Goldie & Associates Applicable Permits: NPDES # NC0065889 Description of Treatment Process, Collection System, and Facilities Served: Treatment Process — The treatment facility is a typical "Extended Aeration" process capable of treating .025 million gallons per day (MGD). The treated effluent is discharged to L-idian Creek, classified as Class C -Trout waters, in the Savannah River Basin. Collection System The collection system is a standard design consisting of 8-inch diameter Pipe, and standard precast manholes. The system was designed to meet all state standards for wastewater collection systems. Facilities Served - This system serves the Catatoga at Lake Toxaway Development II. WWTP Performance All operating parameters were in compliance with NPDES permit limits for 2008. We take pride in our efforts to protect the local environment and the quality of waters in our streams. M. Collection System Performance The collection system experienced no significant problems for the reporting period. Catatoga maintains a routine operation and maintenance plan for the system. IV. Notification A notice advising of the availability of this report will be sent to each user. A copy of this report is available to interested persons in the Catatoga maintenance office at the Development or the offices of Goldie & Associates 210 West North Second Street Seneca, SC 29678 As required, three copies of this report are being provided to NCDEHNR. V. Certification I certify that under penalty of law that this report is complete and accurate to the best of my knowledge. t� Henry Dyar, Goldie Associates This report prepared by: Henry Dyar Goldie & Associates 210 West North Second Street Seneca, SC 29678 Phone: 864-882-8194 Fax: 864-882-0851 Date Annual Wastewater Treatment System Performance Report for Indian Creek Resort, LLC WWTP for the Operating Period January thru December, 2007 Preface On July 20 1999, the North Carolina General Assembly ratified House Bill 1160, the Clean Water Act of 1999, which place significant new reporting requirements on those entities that own or operate wastewater treatment and collection systems. Specific items included: 1. A Spill Response Plan 2. Sewer Collection System Operation & Maintenance Plan 3. Annual Performance Report These new requirements became effective October 1, 1999. This report is designed to meet the minimum requirements for the Annual Performance Report established by the North Carolina Department of Environment and Natural Resources (DEHNR) as set forth in their guidance document dated October 19, 1999. This law was established to provide a mechanism for public oversight (and hopefully, to instill public confidence) in owners and operators of wastewater treatment systems and in their efforts to protect the waters of the state. _L_ f � �/ I I. General Information �I� FEB 1 9 2008 Facility/System Name: Indian Creek Resort, LLC WWTP Transylvania County `�''"' �= Responsible Entity: Hugh Nowell Person(s) in Charge/Contact: Hugh Nowell, Owner/Partner Robert Orr — Operator -in -Responsible Charge (ORC) Henry Dyar, Project Manager - Goldie & Associates Applicable Permits: NPDES # NC0065889 Description of Treatment Process, Collection System, and Facilities Served: Treatment Process — The treatment facility is a typical "Extended Aeration" process capable of treating .025 million gallons per day (MGD). The treated effluent is discharged to Indian Creek, classified as Class C -Trout waters, in the Savannah River Basin. Collection System — The collection system is a standard design consisting of 8-inch diameter Pipe, and standard precast manholes. The system was designed to meet all state standards for wastewater collection systems. Facilities Served — This system serves the Catatoga at Lake Toxaway Development U. WWTP Performance All operating parameters were in compliance with NPDES permit limits for 2007. We take pride in our efforts to protect the local environment and the quality of waters in our streams. III. Collection System Performance The collection system experienced no significant problems for the reporting period. Catatoga maintains a routine operation and maintenance plan for the system. IV. Notification A notice advising of the availability of this report will be sent to each user. A copy of this report is available to interested persons in the Catatoga maintenance office at the Development or the offices of: Goldie & Associates 210 West North Second Street Seneca, SC 29678 As required, three copies of this report are being provided to NCDEHNR. V. Certification I certify that under penalty of law that this report is complete and accurate to the best of my knowledge. Henry Dyar, Goldie & Associates Date This report prepared by: Henry Dyar Goldie & Associates 210 West North Second Street Seneca, SC 29678 Phone: 864-882-8194 Fax: 864-882-0851 W qTF o Michel F Easlsy, Governor 0 R William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources 6 - Alan W. Klimek, P.E. Director r Division of Water Quality O , Asheville Regional Office SURFACE WATER PROTECTION SECTION March 16, 2007 Mr. Hugh Nowell, Executive Vice -President Vanguard Properties - Indian Creek Resort LLC 3340 Peachtree Road NE; Suite 2200 Atlanta, GA 30326 SUBJECT: Compliance Sampling Inspection Indian Creek Resort WWTP Permit number NCO065889 Transylvania County Dear Mr. Nowell: Enclosed please find a copy of the Compliance Sampling Inspection form from the inspection conducted on March 15, 2007. The facility was found to be in Compliance with permit NC0065889. Please refer to the enclosed inspection report for additional observations and comments. If you or your staff have any questions, please call me at 828-296-4500 extension 4662. Sincerely, Wanda P Frazier Environmental Specialist Enclosure cc: Henry Dyar / Robert Orr — Goldie & Associates Central Files No thCarolina Naturally 2090 US Hwy 70, Swannanoa, NC 28778 Telephone: (828) 296-4500 Fax: (828) 299-7043 Customer Service 1 877 623-6748 United States Environmental Protection Agency Form Approved. EP n/-� Washington, D.C. 20460 OMB No. 2040-0057 Water Compliance Inspection Repo . rt Approval expires 8-31-98 Section A: National Data System Coding (i.e., PCS) Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type 1 I NI 2 15I 31 NCO065889 111 121 07/03/15 117 18I SI 19I SI 201 Remarks 211 I I 1 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I 1 1 16 Inspection Work Days Facility Self -Monitoring Evaluation Rating B1 QA --------------------------- Reserved ---------------------- 67I 1.0 169 701 I 711 I 72I N I 73IS 74 75I I I I I I I 180 Section B: Facility Data Name and Location of Facility Inspected (For Industrial Users discharging to POTW, also include Entry Time/Date Permit Effective Date POTW name and NPDES permit Number) 12 10 PM 07/03/15 06/07/01 Indian Creek Resort WWTP Exit Time/Date Permit Expiration Date US Hwy 64 Lake Toxaway NC 28747 t240 PM 07/03/15 07/08/31 Name(s) of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data Robert E. Orr/ORC/828-884-9772/ Name, Address of Responsible Official/Title/Phone and Fax Number Cal Ersness,l Indian Creek Dr Lake Toxaway NC Contacted 28747//828-966-9552/8288876271 No Section C: Areas Evaluated During Inspection (Check only those areas evaluated) Permit ® Operations & Maintenance ® Records/Reports ® Facility Site Review Effluent/Receiving Waters Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary) (See attachment summary) Name(s) and Signature(s) of Inspector(s) Agency/Office/Phone and Fax Numbers Date Wanda P Frazier ARO WQ//828-296-4500 Ext.4662/ py Signa of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date t Lt_� C-:)::)0,' 0306 -Q,o0� , L_ EPA Form 3560-3 (Rev 9-94) Previous editions are obsolete. Page # 1 NPDES yr/mo/day Inspection Type (cont.) NCO065889 I11 12I 07/03/15 1 17 18ISI Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary) A review of the files indicates that the last compliance evaluation inspection was conducted on 11-18-2005 by Jim Reid and Starr Silvis. The permit expires on 8-31-2007. The permit renewal request was received in Raleigh on January 4, 2007. The Annual Performance Report has been filed for the year 2006. A complete copy of the current permit was on site. The operations logbook and maintenance logbook were on -site and had good notation of daily and routine maintenance events. The aeration basin process control data was as follows, on the day of the inspection. Temperature = 12.9 degrees Celcius pH = 6.3 units Dissolved Oxygen = 5.4 mg/I Tip: The ideal level for dissolved oxygen in the aeration basin is generally 1 to 3 mg/I. Seasonal changes in temperature require the adjustment of the aeration timer to achieve ideal dissolved oxygen levels. Settleable Solids = 180 ml/I = 18 % Tip: Using the settleability test, the return sludge pumping rate is usually set so that the flow rate is approximately equal to the percentage volumes occupied by the settleable solids from the aeration basin after settling for 30 minutes in a settleometer. For example, a settleability of 30% would generally indicate a recommended return sludge pumping rate of 30%. Having the percent settleable solids (i.e. 30%) the same as the percent return sludge pumping rate (i.e. 30%), allows for the solids balance in the plant to be maintained. If the plant cannot handle that return sludge pumping rate, then wasting is probably recommended. The effluent data was as follows, on the day of the inspection. Dissolved Oxygen = 5.4 mg/l pH = 6.5 units Temperature = 13.1 degrees Celcius Chlorine = n/a (UV disinfection) The effluent appeared to be clear, indicating compliance with permit limits. This facility appears to be well operated and maintained. The operator was on -site during the inspection and .is doing a good job. Page # 2 Permit: NCO065889 Inspection Date: 03/15/2007 The following effluent grab samples were taken. BOD, TSS, NH3-N, Fecal Coliform Lab results will be forwarded, if non -compliant. Owner - Facility: Indian Creek Resort WWTP Inspection Type: Compliance Sampling Page # 3 Permit: NCO065889 Owner - Facility: Indian Creek Resort WWTP Inspection Date: 03/15/2007 Inspection Type: Compliance Sampling Permit Yes No NA NE (If the present permit expires in 6 months or less). Has the permittee submitted a new application? n n ■ n Is the facility as described in the permit? ®n n n # Are there any special conditions for the permit? n ■ n n Is access to the plant site restricted to the general public? ®n ❑ Is the inspector granted access to all areas for inspection? ■ n n n Comment: ., Yps No NA NE Type of bar screen a.Manual b.Mechanical n Are the bars adequately screening debris? ■ ❑ n n Is the screen free of excessive debris? ■ n n n Is disposal of screening in compliance? ■ n n n Is the unit in good condition? ® n n n Comment: Aeration Basins Yes No NA NE Mode of operation Ext. Air Type of aeration system Diffused Is the basin free of dead spots? ■ n n n Are surface aerators and mixers operational? ❑ ❑ ■ ❑ Are the diffusers operational? ■ ❑ n ❑ Is the foam the proper color for the treatment process? ■ n n n Does the foam cover less than 25% of the basin's surface? ® n n n Is the DO level acceptable? ■ n n n Is the DO level acceptable?(1.0 to 3.0 mg/I) nn■n Comment: Secondary Clarifier Yes No NA NE Is the clarifier free of black and odorous wastewater? ■ ❑ ❑ ❑ Is the site free of excessive buildup of solids in center well of circular clarifier? ❑ ❑ ■ n Are weirs level? ■ ❑ ❑ n Page # 4 0 Permit: NCO065889 Owner - Facility: Indian Creek Resort WWTP Inspection Date: 03/15/2007 Inspection Type: Compliance Sampling Secondary Clarifier Yes No NA NE Is the site free of weir blockage? ■ n n n Is the site free of evidence of short-circuiting? ®n n n Is scum removal adequate? ®n n n Is the site free of excessive floating sludge? ■ n n n Is the drive unit operational? n n ■ n Is the return rate acceptable (low turbulence)? M n n n Is the overflow clear of excessive solids/pin floc? ■ n n n Is the sludge blanket level acceptable? (Approximately '/< of the sidewall depth) ■ n n n Comment: Disinfection - UV Yes No NA NE Are extra UV bulbs available on site? ■ n n n Are UV bulbs clean? ■ n n n Is UV intensity adequate? ■ n n n Is transmittance at or above designed level? - ■ n n n Is there a backup system on site? n ■ n n Is effluent clear and free of solids? ■ n n n Comment: There is no backup system. The system consists of 5 cells of 2 lamps each. Effluent Pipe Yes No NA NE Is right of way to the outfall properly. maintained? ■ n n n Are the receiving water free of foam other than trace amounts and other debris? ■ n n n If effluent (diffuser pipes are required) are they operating properly? n n ■ n Comment: Operations & Maintenance Yes No NA NE Is the plant generally clean with acceptable housekeeping? ■ n n n Does the facility analyze process control parameters, for ex: MLSS, MCRT, Settleable Solids, pH, DO., Sludge ■ n n n Judge, and other that are applicable? Comment: Page # 5 July 13, 2006 Mr. Roger C. Edwards Surface Water Protection Division of Water Quality 2090 U.S. Highway 70 Swannanoa, N.C. 28778 Re: Notice of Violation NOV-2006-LV-0273 Permit No. NCO065889 Indian Creek Resort WWTP Transylvania County Dear Mr. Edwards M GOLDIE ASSOCIATES engineering, environmental and laboratory services Concerning the BOD Exceedance dated April 13, 2006. The Wastewater Plant had been shut down from March 16, 2006 until April 10, 2006 because of electrical problems. The blowers were out of service. An electrician was called and a new control panel was ordered and installed on April 9, 2006 and the plant was put back into operations. The plant had very little time to recover before samples were pulled on April 13, 2006. The BOD was only 2.7 mg/1 above the limit. The following week the BOD was 2.07 mg/l and has been within limits since then. We believe by installing the new control panel and some of the electrical wiring that we have corrected the cause of the BOD exceedance. While the Wastewater Treatment Plant was shut down. The plant was pumped and the wastewater was transported to the Fletcher Warehousing Wastewater Plant for disposal. We also request that a copy of any Notices for Indian Creek Resort should be sent to Henry Dyar, Operations Manager at Goldie & Associates, 210 W. North Second Street, Seneca, SC 29678. If you have any questions, please call me at (864)882-8194 ext. 105. Sincerely, Henry Dyar Operations Manager Goldie & Associates �Di J U L 1 7 2006 jD WATER QUALITY SECTION ASHEVILLE REGIONAL OFFICE w _4 210 W. North Second Street 9 Seneca, South Carolina 29678 • Phone (864) 882-8194 Fax (864) 882-0851 OFWATF9 Mr. Jim Austel 1 Indian Creek Dr Lake Toxaway NC 28747 Dear Mr. Austel: Michael F. asley Gluift", ndric �A11am . R s Jr., SNorth Carolina Departmen c entd N Ural ee Alan W Kltri}@k,,P—E:,Direct Division of Water Quality Asheville Regional Office SURFACE WATER PROTECTION November 21, 2005 SUBJECT: November 18, 2005 Compliance Evaluation Inspection Catatogoa Permit No: NCO065889 Transylvania County Enclosed. please find a copy of the Compliance Evaluation Inspection form from the inspection conducted on November 18, 2005. The Compliance Evaluation Inspection was conducted. by James R Reid and Starr Silvis of the Asheville Regional Office. The facility was found to be in Compliance with permit NC0065889. Please refer to the enclosed inspection report for additional observations and comments. If you or your staff have any questions, please call me at 828-296-4500 Ext.4651. ncerely, v'James R Reid Environmental Engineer Enclosure cc: William M. Holder, ORC Central Files 2090 U.S. Highway 70, Swannanoa, NC 28778 'Telephone: (828) 296-4500 Fax: (828) 299-7043 Customer Service 1 877 623-6748 N ort hCarolina AWMA,7!!y N N United States Environmental Protection Agency /� Washington, D.C. 20460 EPA Form Approved. OMB No. 2040-0057 Water Compliance Inspection Report Approval expires 8-31-98 Section A: National Data System Coding (i.e., PCS) Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type 1 I NI 2 15I 31 NCO065889 111 121 OS/11i18 117 181 CI 19I gI 20III Remarks 21IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII116 Inspection Work Days Facility Self -Monitoring Evaluation Rating 131 QA ------- ------------- ----- Reserved ------ --------------- 67I 169 70I 3 I 711 I 721 N 1 73I I—u I 174 75[ I I I I I I 180 Section B: Facility Data Name and Location of Facility Inspected (For Industrial Users discharging to POTW, also include POTW name and NPDES permit Number) Entry Time/Date Permit Effective Date Indiar: Creek Resort LLC NISV^;P 02:30 PM 05;/11/18 03/02/01 US Hazy 64 Exit Time/Date Permit Expiration Date Lake ToYaway NC 28747 13. ii0 ?t•1 05!11/18 07i 08i 3= Name(s) of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data Wil_ian P. Holder/0RC/628-884-5589/ Name, Address of Responsible Official/Title/Phone and Fax Number Cal Ersness,l In.-;ian Creek Dr Lake To::auay NC Contacted 2'C-3747!!828-966-9,552/8288676271 No Section C: Areas Evaluated During Inspection (Check only those areas evaluated) Permit Operations & Maintenance 0 Facility Site Review Effluent/Receiving Waters Section D: Summary of Find in /Comments Attach additional sheets of narrative and checklists as necessary) (See attachment summary) Name(s) and Signature(s) of Inspector(s) Agency/Office/Phone and Fax Numbers Date Starr James R Reid / ARC 1VQ//828-296-4500 Ext.4651/ c Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date &7!1 412,m;�Adl t I.C7 5 u EPA Form 3560-3 (Rev 9-94) Previous editions are obsolete. Page # 1 0 00 NPDES yr/mo/day Inspection Type _i00065839 I11 12I 05/71 fla 117 18I�I Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary) No Flow at the time of inspection; Low occupancy in the development; adequate operation and maintenance for the situation. New UV disinfection system in place. Page # 2 so N Permit: NCO065889 Owner - Facility: Indian Creek Resort LLC WWTP Inspection Date: 11/18/2005 Inspection Type: Compliance Evaluation Permit Yes No NA NE (If the present permit expires in 6 months or less). Has the permittee submitted a new application? ■ n n n Is the facility as described in the permit? ■ n n n # Are there any special conditions for the permit? ■ n n n Is access to the plant site restricted to the general public? ■ ❑ fl Is the inspector granted access to all areas for inspection? ■ ❑ ❑ [I Comment: Operations & Maintenance Yes No NA NE Is the plant generally clean with acceptable housekeeping? ■ n n n Does the facility analyze process control parameters, for ex: MLSS, MCRT, Settleable Solids, pH, DO, Sludge ■ n n n Judge, and other that are applicable? Comment: Secondary Clarifier Yes No NA NE Is the clarifier free of black and odorous wastewater? Is the site free of excessive buildup of solids in center well of circular clarifier? ■ n n n Are weirs level? ■ n n n Is the site free of weir blockage? ■nnn Is the site free of evidence of short-circuiting? ■ n n n Is scum removal adequate? ■ j] Is the site free of excessive floating sludge? ■ ❑ f=1 171 Is the drive unit operational? ■nnn Is the return rate acceptable (low turbulence)? ■ n n n Is the overflow clear of excessive solids/pin floc? ■ n n n Is the sludge blanket level acceptable? (Approximately'% of the sidewall depth) ■ n n n Comment: Pumps-RAS-WAS Yes No NA NE Are pumps in place? ■ n n n Are pumps operational? ■ ❑ 0 ❑ Are there adequate spare parts and supplies on site? ■ n n n Comment: Aeration Basins V.. N„ tiA u= Page # 3 Permit: NCO065889 Inspection Date: 11/18/2005 Aeration Basins Mode of operation Type of aeration system Is the basin free of dead spots? Are surface aerators and mixers operational? Are the diffusers operational? Is the foam the proper color for the treatment process? Does the foam cover less than 25% of the basin's surface? Is the DO level acceptable? Is the DO level acceptable?(1.0 to 3.0 mg/1) Comment: Disinfection - UV Are extra UV bulbs available on site? Are UV bulbs clean? Is UV intensity adequate? Is transmittance at or above designed level? Is there a backup system on site? Is effluent clear and free of solids? Comment: Owner - Facility: Indian Creek Resort LLC VVVVTP Inspection Type: Compliance Evaluation Yes No NA NE Ext. Air Diffused ■nnn nn■n ■nnn ■nnn ■nnn nnn■ nnn■ Yes No NA NE ■nnn. ■nnn ■nnn ■nnn ■nnn ■nnn Page # 4 NCDENR DIVISION OF WATER QUALITY 5�I'� P�S'1Q,1 SURFACE WATER PROTECTION 2090 U.S. HIGHWAY 70� `� �`' SWANNANOA N. C. 28778 `' a,vea�v �aba�s fy t.0�"�_i Z3Z32. F�Es i9 2012 ,v�ILED FROM? a �O-q 28778 It Brook Cole, Manager 3575 Piedmont Road NE Building 15, S,.,:.*,,_r_ �n s _ :. :1:: �_ Atlanta, GA 31 ! B*a: XIM 300r SE 1 y ��a t Cxa::.b .. i lam•; E ;R TUi'dN1 its SE_NDE R . I NOT D LI'k+'ERE° BL.Ee F4 3 .�dC?C3F�E=S3v`Im:[� j UNABLE;' TO FORWARD =�*���:�������.�. �.__._.� I„L,lI„l,l,,,ll,„I1„I,!„I►„l,I,,,il�„l11,1a,11�„I,,,II INEERING CERTIFICATION — POST CONSTRUCTION I R I JAN 1 8 2007 System Description: 3,003 linear feet of 6-inch diameter gravity sewer and 195 linear feet of 8-inch �ia �TERy U �T`,,Pr OTcON �t�J��_ y_ fL O rICE Complete and submit this form to the Asheville regional office with the following: • One copy of the project record drawings (plan & profile views of sewer lines) of the wastewater collection system extension • supporting design calculations (selected pumps, system curve, operating point, available storage if portable generator(s) or storage greater than longest past three year outage reliability option selected) for any pump stations permitted as part of this project e Changes to the project should be clearly identified on the record drawings or in written summary form. Permit modifications are required for any changes resulting in non-compliance with this permit, regulations or minimum design criteria. This project shall not be considered complete nor allowed to operate until this Engineer's Certification and all required supporting documentation have been received by the Division. Therefore, it is highly recommended that this certification be sent in a manner that provides proof of receipt by the Division. ENGINEER'S CERTIFICATION j ❑ Fi Partial nal I, �i �� � L12 Jc 1 as a duly registered Professional Engineer in the State of North Carolina, having been authorized to observe (❑ periodically, ❑ weekly, [�ull time) the construction of the above referenced project for the Permittee hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance of this permit; 15A NCAC 2H .0200; the Division of Water Quality's (Division) Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast -Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable; and other supporting materials. North Carolina Professional Engineer's seal, signature, and date: SEND THIS FORM & SUPPORTING DOCUMENTATION WITH REQUIRED ATTACHMENTS TO THE FOLLOWING ADDRESS ROGER C. EDWARDS SURFACE WATER PROTECTION SUPERVISOR ASHEVILLE REGIONAL OFFICE 2090 US HIGHWAY 70 SWANNANOA, NC 28778 The Permittee is responsible for tracking all partial certifications up until a final certification is received. Any wastewater flow made tributary to the wastewater collection system extension prior to completion of this Engineer's Certification shall be considered a violation of the permit and shall subject the Permittee to appropriate enforcement actions. RICHARD A. LENDERMAN, P. E. CIVIL ENGINEER 228 WEST ROAD, MOORE, SC, 29369 TELEPHONE: (864) 415-7909 Mr. Roger C. Edwards Surface Water Protection Supervisor Asheville Regional Office 2090 US Highway 70 Swannanoa, NC 28778 Reference: Indian Creek Resort, LLC Transylvania County Wastewater Collection System Extension Permit No. WQ0030015 Dear Mr. Edwards: January 16, 2007 The above referenced wastewater collection system extension is complete and fully operational. On behalf of Indian Creek Resort, LLC and Vanguard Properties enclosed are the Engineer's Certification form and one copy of the project record drawings. If you have any questions or need any additional information, please let me know. Yours truly, fz� d_ �e Richard A. Lenderman, PE Cc: Mr. Bucky Harris — Vanguard Properties 47?S ndCt``CS.CR " 7 pp Ll O� WATE9 s - .ernor x7, .::;r ���rtusa ra rro,sR William G. oss Jr:; Secretary North Carolina Department of Environment and Natural Resources > Alan W. Klimek, P.E., Director O < Division of Water Quality Asheville March 27, 2006 Mr. Paul Demick, Chief Financial Officer Indian Creek Resort, LLC 3340 Peachtree Road, NE , S u 17- c A 2 0 a Atlanta, Georgia 30326 Subject: Permit No. WQ0030015 Indian Creek Resort,, LLC Wastewater Collection System Extension Transylvania County Dear Mr. Demick: In accordance with your application received on March 13, 2006 we are forwarding herewith Permit No. WQ0030015, dated March 27, 2006, to Indian Creek Resort, LLC for the construction and operation of the subject wastewater collection system extension. This permit shall be effective from the date of issuance until rescinded and shall be subject to the conditions and limitations as specified therein. This cover letter shall be considered a part of this permit and is incorporated therein by reference. Please pay particular attention to Permit Condition 3 which requires that the wastewater collection facilities be properly operated and maintained in accordance with 15A NCAC 2H .0227 or any individual system -wide collection system permit issued. to the Permittee. Permitting of this project does not constitute an acceptance of any part of the project that does not meet 15A NCAC 2H .0200; the Division of Water Quality's (Division) Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; and the Division's Minimum Design Criteria for the Fast -Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable, unless specifically mentioned herein. Division approval is based on acceptance of the certification provided by the North Carolina -licensed Professional Engineer named in the application. It shall be the Permittee's responsibility to ensure that the as -constructed project meets the appropriate design criteria and rules. Failure to comply may result in penalties in accordance with North Carolina General Statute §143-215.6A through §143-215.6C, construction of additional or replacement wastewater collection facilities, and/or referral of the North Carolina -licensed Professional Engineer to the licensing board. In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina as amended, and other applicable Laws, Rules, and Regulations, permission is hereby granted to the Indian Creek Resort, LLC for the construction and operation of approximately 3,003 linear feet of 6-inch diameter gravity sewer and 195 linear feet of 8-inch diameter gravity sewer to serve Indian Creek Resort as part of the Indian Creek Resort project, and the discharge Asheville Regional Office Internet www.ncwaterguality.org 2090 US Highway 70, Swannanoa, NC 28778 Telephone (828) 296-4500 Fax (828) 299-7043 1VoAhCaro ina Naturally DENR Customer Service Center An Equal Opportunity Action Employer Telephone 1 800' 623-7748 50% recycled/10% post -consumer paper: Indian Creek, Re.sort,.LLC March 27, 2006 Page 2 of 7,800 gallons per day of collected domestic wastewater into Indian Creek Resort's existing sewerage system, pursuant to the application received on March 13, 2006 and in conformity with 15A NCAC 2H .0200; the Division's Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast -Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable; and other supporting data subsequently filed and approved by the Department of Environment and Natural Resources and considered a part of this permit. The sewage and wastewater collected by this system shall be treated in the Indian Creek Resort, LLC'S Wastewater Treatment Facility (Permit No. NC0065889) prior to being discharged into the receiving stream. The Operational Agreement between the Permittee and the Environmental Management Commission is incorporated herein by reference and shall be a condition of this permit. Noncompliance with the terms of the Operational Agreement shall subject the Permittee to all sanctions provided by North Carolina General Statutes §143-215.6A to §143-215.6C for violation of or failure to act in accordance with the terms and conditions of this permit. If any parts, ,requirements, or limitations contained in this permit are unacceptable, you have the right to request an adjudicatory hearing upon written request within 30 days following receipt of this permit. This request must be in the form of a written petition, conforming to Chapter 150B of North Carolina General Statutes, and filed with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27699-6714. Unless such demands are made, this permit shall be final and binding. If you need additional information concerning this matter, please contact Roy Davis at (828) 296-4500. Sincerely, for Alan W. Klimek, P.E., Director Division of Water Quality cc: Transylvania County Building Inspector's Office ARO, Surface Water Protection (WWTF Permit No.NC0065889) Bomani G. Lee, PE PERCS Files NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES INDIAN CREEK RESORT, LLC TRANSYLVANIA COUNTY WASTEWATER COLLECTION SYSTEM EXTENSION PERMIT NO. WQ0030015 This permit shall be effective from the date of issuance until rescinded and shall be subject to the following specified conditions and limitations: 1. This permit shall become voidable unless the wastewater collection facilities are constructed in .accordance with the conditions of this permit; 15A NCAC 2H .0200; the Division of Water Quality's (Division) Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum. Design Criteria for the Fast -Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable; and other supporting materials unless specifically mentioned herein. 2. This permit shall be effective only with respect to the nature and volume of wastes described in the application and other supporting data. 3. The wastewater collection facilities shall be properly maintained and .operated at all times. The Permittee shall maintain compliance with an individual system -wide collectiow system permit for the operation and maintenance of these facilities as required by 15A NCAC 2H .0227. If an individual permit is not required, the following performance criteria shall be met as provided in 15A NCAC 2H .0227: a. The sewer system shall be effectively maintained and operated at' all times to prevent discharge to land or surface waters, and any contravention of the groundwater standards in 15A NCAC 2L .0200 or the surface water standards in 15A NCAC 2B .0200. b. A map of the sewer system shall be developed and shall be actively maintained. c. An operation and maintenance plan shall be developed and implemented. d. Pump stations that are not connected to a telemetry system shall be inspected every day (i.e. 365 days per year). Pump stations that are connected to a telemetry system shall be inspected at least once per week. e. High -priority sewer lines shall be inspected at least once per every six-month period of time. f. A general observation of the entire sewer system shall be conducted at least once per year. g. Inspection and maintenance records shall be maintained for a period of at least three years. h. Overflows and bypasses shall be reported to the appropriate Division regional office in accordance:with 15A NCAC 2B .0506(a), and.public notice shall be provided as required by North Carolina General Statute §143-215.1 C. Permit No. W00030015. Indian Creek Resort, LLC, Transylvania County, March 27 2006 4. This permit shall not be transferable. In the event there is a desire for the wastewater collection facilities to change ownership, or there is a name change of the Permittee, a formal permit request shall be submitted to the Division accompanied by documentation from the parties involved, and other supporting materials as may be appropriate. The approval of this request shall be considered on its merits and may or may not be approved. 5. Construction of the gravity sewers, pump stations, and force mains shall be scheduled so as not to interrupt service by the existing utilities nor result in an overflow or bypass discharge of wastewater to the surface waters of the State. 6. Upon completion of construction and prior to operation of these permitted facilities, a certification, a copy of the construction record drawings, as well as supporting design calculations for any pump stations permitted as part of this project shall be received from a North Carolina -licensed Professional Engineer certifying that the facilities have been installed in accordance with this permit; 15A NCAC 2H .0200; the Division's Gravity Sewer Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast -Track Permitting of Pump Station and Force Main adopted June 1, 2000 as applicable; and other supporting materials. If this project is to be completed in phases and partially certified, you shall retain the responsibility to track further construction approved under the same permit, and shall provide a final certificate of completion once the entire project has been completed. A copy of the construction record drawings, indicating the facilities constructed in the phase being certified, shall be submitted with each partial certification. Mail the Engineer's Certification, one copy of the "Construction Record Drawings," and one copy of the supporting design calculations to the Non -Discharge Permitting Unit, 1617 Mail Service Center, Raleigh, NC 27699-1617. 7. A copy of the construction record drawings shall be maintained on file by the Permittee for the life of the wastewater collection facilities. 8. Failure to abide by the conditions and limitations contained in this permit; 15A NCAC 2H .0200; the Division's Gravity Sewer Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast -Track Permitting of Pump Station and Force Mains adopted June 1, 2000 as applicable; and other supporting materials may subject the Permittee to an enforcement action by the Division, in accordance with North Carolina General Statutes §143- 215.6A through §143-215.6C. 9. In the event that the wastewater, collection facilities fail to perform satisfactorily, including the creation of nuisance conditions, the Permittee shall take immediate corrective action, including those as may be required by this Division, such as the construction of additional or replacement facilities. 10. The -issuance of this permit shall not exempt the Permittee from complying with any and all statutes, rules, regulations, or ordinances that may be imposed by other government agencies (local, state and federal) which have jurisdiction, including but not limited to applicable river buffer rules in 15A NCAC 2B .0200, .erosion and sedimentation control requirements in 15A NCAC Ch. 4 and under the Division's General Permit NCG010000, and any requirements pertaining to wetlands under 15A NCAC 2B .0200 and 15A NCAC 2H .0500. 11. Noncompliance Notification: The Permittee shall report by telephone to a water quality staff member at the Asheville Regional Office, telephone number (828) 296-4500, 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 either of the following: Permit No, W00030015, Indian Creek Resort, LLC, Transylvania County, March 27, 2006 a. Any process unit failure, due to known or unknown reasons, that renders the facility incapable of adequate wastewater transport, such as mechanical or electrical failures of pumps, line blockage or breakage, etc.; or b. Any failure of a pumping station or sewer line resulting in a by-pass directly to receiving waters without treatment of all or any portion of the influent to such station or facility. Voice mail messages or faxed information is permissible but this shall not be considered as the initial verbal report. Overflows and spills occurring outside normal business hours may also be reported to the Division of Emergency Management at telephone number (800) 858-0368 or (919) 733-3300. Persons reporting any of the above occurrences shall file a spill report by completing Part I of Form CS-SSO (or the most current Division approved form), within five days following first knowledge of the occurrence. This report shall outline the actions taken or proposed to ensure that the problem does not recur. Per Condition 1(2), Part II of Form CS-SSO (or the most current Division approved form) can also be completed to show that the SSO wasbeyond control. Permit issued this the 27th day of March, 2006 NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION for Alanp. Klimek, P.E., Director Division of Water Quality By Authority of the Environmental Management Commissiors Permit Number WQ0030015 Permit No. W00030015, Indian Creek Resort, LLC, Transylvania County, March 27, 2006 ENGINEERING CERTIFICATION — POST CONSTRUCTION System Description: 3,003 linear feet of 6-inch diameter gravity sewer and 195 linear feet of 8-inch diameter gravity sewer Complete and submit this form to the Asheville regional office with the following: • One copy of the project record drawings (plan & profile views of sewer lines) of the wastewater collection system extension • supporting design calculations (selected pumps, system curve, operating point, available storage if portable generator(s) or storage greater than longest past three year outage reliability option selected) for any pump stations permitted as part of this project • Changes to the project should be clearly identified on the record drawings or in written summary form. Permit modifications are required for any changes resulting in non-compliance with this permit, regulations or minimum design criteria. This project shall not be considered complete nor allowed to operate until this Engineer's Certification and all required supporting documentation have been received by the Division. Therefore, it is highly recommended that this certification be sent in a manner that provides proof of -receipt by the Division. ENGINEERS CERTIFICATION ❑ Partial ❑ Final , as a duly registered Professional Engineer in the State of North Carolina, having been authorized to observe (❑ periodically, ❑ weekly, ❑ full time) the construction of the above referenced project for the Permittee hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance of this permit; 15A NCAC 2H .0200; the Division of Water Quality's (Division) Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast -Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable; and other supporting materials. North Carolina Professional Engineer's seal, signature, and date: SEND THIS FORM & SUPPORTING DOCUMENTATION WITH REQUIRED ATTACHMENTS TO THE FOLLOWING ADDRESS ROGER C. EDWARDS SURFACE WATER PROTECTION SUPERVISOR ASHEVILLE REGIONAL OFFICE 2090 US HIGHWAY 70 SWANNANOA, NC 28778 The Permittee is responsible for tracking all partial certifications up until a final certification is received. Any wastewater flow made tributary to the wastewater collection system extension prior to completion of this Engineer's Certification shall be considered a violation of the permit and shall subject the Permittee to appropriate enforcement actions. T SEW 1VIP Tl IpN I D CEF11�o:® /3 ::State of North Carolina De3p tmerit�, f'Environment and Natural Resources I 1 �'IAR L�b t Division of Water Quality f0i- aUALIT ; 5 FAST -TRACK APPLICATION WATER C�I,In.LITI SECTION LG to VITIYrSEWERS PUMP STATIONS, AND FORCE MAINS (Pressure sewers systems are not to be included as part of this application package) INSTRUCTIONS: Indicate that you have included/addressed the following list of required application package items by checking the space provided next to each applicable item. Failure to submit all required itemswill lead to your application being returned as incomplete. This form may be photocopied for use as an original. I. Application Form - Submit one original and one copy of the completed and appropriately executed application form. Any changes to this form will result in the application being returned. The Division of Water Quality (Division) will only accept application packages that have been fully completed; with all applicable items addressed. You do not need to submit detailed plans and specifications unless you respond NO to Item B(12). XIl. Application Fee - Submit a check in the amount of $400 made payable to: North Carolina Department of Environment and Natural Resources (NCDENR). Checks shall be dated within 90 days of application submittal. ❑ III. Certificates of Public Convenience and Necessity — If the application is being submitted in the name of a NIA privately-owned public utility, submit two copies of the Certificate of Public Convenience and Necessity (CPCN) which demonstrates that the public utility is authorized to hold the utility franchise for the area to be served by the sewer extension. If a CPCN has not been issued, provide two copies of a letter from the North Carolina Utilities Commission's Public Staff that states that an application for a franchise has been received, that the service area is contiguous to an existing franchised area, and/or that franchise approval is expected. The project name in the CPCN or letter must match that provided in Item A(2a) of this application. IV. Operational Agreements — Submit one original and two copies of a properly executed operational agreement if the sewer extension is permitted by a private applicant and will be serving residential or commercial lots (e.g., houses, condominiums, townhomes, outparcels, etc.) that will be sold to another entity. If the applicant is a homeowners' association, use Form HOA 02/03. If the applicant is a developer, use Form DEV 02/03. EVEN IF THE PROJECT WILL BE TURNED OVER TO A MUNICIPALITY, FORM DEV 02/03 IS REQUIRED. N/A❑ V. Flow Acceptance Letters — If the owner of the downstream sewers and/or WWTF is different from the applicant, JJ submit two copies of a flow acceptance letter from the owner of the downstream sewers and WWTF, if different. Flow acceptance letters must contain the following minimum information: applicant and project name, amount of flow accepted, and name and permit number of the receiving sewers/WWTF. The -flow acceptance must not expire prior to permit issuance and must be dated less than a year prior' to the application date. Intergovernmental agreements or other contracts will not be accepted in lieu of a project -specific flow acceptance letter. VI. Map — Submit an 8.5-inch by 11-inch COLOR copy of the portion of a 7.5-minute USGS Topographic Map along with this form. The map should identify the entire project area location as well as the closest downslope surface waters as clearly as possible. Each map portion must be labeled with the map name`and number, the identified location of the sewer line and pump stations, and be of clear and reproducible quality.:' For instance, if the project involves 4 miles of interceptor sewer that traverses over or near several different waterbodies (or counties, basins, etc.), the map should have location ID's shown for each different waterbody (where the sewer line is within 100 feet of such waterbody - see Instruction VII). This location ID is self chosen and used to cross reference the location in Section C of the permit application. NA❑ VII. Stream Classifications — Section C • If any portion of the project is within 100 feet of any down slope surface water, Section C must be completed for the pertinent sections. • If the entire project area is a minimum of 100 feet away from any down slope surface waters BUT there is a pump station involved where a history of power outage is to be used to provide adequate design storage instead of dual feed or permanent or portable generator, Section C must be completed to demonstrate that the closest down slope surface water is Class C (see 15A NCAC 2H .0219(h)(3)(D)). • Use the guidance document entitled, "Determining Watershed Classifications for Form FTA 02/03 (Fast -Track Sewer Systems)" available from http://h2o.enr.state.nc.us/peres or by contacting the appropriate regional office. FTA 02/03 - Rev. 3 04/05 APPLICATION for GP TY SEWERS, PUMP STATIONS, AND l CE MAINS PAGE 2 i Environmental Assessments — If this project is subject to an Environmental Assessment (EA) [15A NCAC 01C], this application can not be used. Send the project application on Form PSF,MGSA 10/99 to the PERCS Unit, 1617 Mail Service Center, Raleigh, NC 27699-1617. Applications can not be accepted until a Finding of No Significant Impact (FONSI) or Environmental Impact Statement (EIS) has been issued. A copy is to be submitted with that permit application. IX. Certifications — Section D The application must be certified by both the applicant and a North Carolina Registered Professional Engineer (PE). The applicant signature must match the signing official listed in Item A(1b). The PE should NOT certify the application if he/she is unfamiliar with 15A NCAC 2H .0200, the Gravity Sewer Minimum Design Criteria (most recent version) and the Minimum Design Criteria for the Fast -Track Permitting of Pump Stations and Force Mains (most recent version), as applicable to the project. Certification by a PE who is unfamiliar with these documents is subject to NC Board referral. X. Downstream Sewer & Wastewater Treatment Plant Capacity The applicant has assured downstream pipe, pump station and treatment plant capacity. The addition of new sources of wastewater from this project has been evaluated along the route to the receiving treatment plant. The flow from this project will not cause capacity related sanitary sewer overflows or overburden any downstream pump station en route to the receiving wastewater treatment plant. If the- applicant is not the owner of the downstream sewer or receiving treatment plant, submittal of flow acceptance letter(s) indicates that owner has adequate capacity and will not violate G.S. 143-215.67(a). THE COMPLETED FTA 02/03 APPLICATION PACKAGE, INCLUDING ALL SUPPORTING. DOCUMENTS AND $400 FEE, SHOULD BE SENT TO THE APPROPRIATE REGIONAL OFFICE REGIONAL OFFICE ADDRESS COUNTIES SERVED Asheville Regional Office 2090 US Highway 70 Avery, Buncombe, Burke, Caldwell, Swannanoa, North Carolina 28778 Cherokee,; Clay, Graham, Haywood, (828) 296-4500 Henderson, Jackson, Macon, Madison, (828) 299-7043 Fax McDowell,; Mitchell, Polk, Rutherford, Swain, Transylvania, Yancey Fayetteville Regional Office 225 Green Street Suite 714 Anson, Bladen, Cumberland, Harnett, Fayetteville, North Carolina 28301 Hoke, Montgomery, Moore, Robeson, (910) 486-1541 Richmond, Sampson, Scotland (910) 486-0707 Fax Mooresville Regional Office 610 E. Center Avenue, Suite 301 Alexander; Cabarrus, Catawba, Mooresville, North Carolina 28115 Cleveland,, Gaston, Iredell, Lincoln, (704) 663-1699 Mecklenburg, Rowan, Stanly, Union (704) 663-6040 Fax Raleigh Regional Office 1628 Mail Service Center Chatham, Durham, Edgecombe, Franklin, Raleigh, North Carolina 27699-1628 Granville, Halifax, Johnston, Lee, Nash, (919) 571-4700 Northampton, Orange, Person, Vance, (919) 571-4718 Fax Wake, Warren, Wilson Washington Regional Office 943 Washington Square Mall Beaufort, Bertie, Camden, Chowan, Washington, North Carolina 27889 Craven, Currituck, Dare, Gates, Greene, (252) 946-6481 Hertford, Hyde, Jones, Lenoir, Martin, (252) 975-3716 Fax Pamlico, Pasquotank, Perquimans, Pitt, Tyrrell, Washington, Wayne Wilmington Regional Office 127 Cardinal Drive Extension Brunswick, Carteret, Columbus, Duplin, Wilmington, North Carolina 28405 New Hanover, Onslow, Pender (910) 395-3900 (910) 350-2004 Fax Winston-Salem Regional Office 585 Waughtown Street Alamance, Alleghany, Ashe, Caswell, Winston-Salem, North Carolina 27107 Davidson, Davie, Forsyth, Guilford, (336) 771-4600 Rockingham, Randolph, Stokes, Surry, (336) 771-4631 Fax Watauga, Wilkes, Yadkin For more information, visit our web site at: hftp://h2o.enr.state.nc.us/peres/ FTA 02/03 - Rev. 3 04/05 Z 0; H+ Q 0 LL Z Z 0 H a J a. Q 2 F'APPLICATION for GR TY SEWERS, PUMP STATIONS, AND l CE MAINS .................................................................................................................................................................................................................................................................._...........................................................................................................-.___....._. USE THE TAB KEY TO MOVE FROM FIELD TO FIELD! Application Number: (to be completed by DWO) PAGE 3 .i................ 1. ............................................... _.................................................... .................................................................................................................................... .... ............. :................................. ........._........... ...:........................................................................ =:r.................................................................................. .........,......,.- .�..e - Owner.' la. ....... ...................... .. ....... ................. ...... ...... ... .: .......................................... . Indian Creek Resort, LLC Full Legal Name (company, municipality, HOA, utility, etc.) 1 b. Paul Demick, Chief Financial Officer I Signing Official Name and Title (Please review 15A NCAC 2H .0206(b) for authorized signing officials!) 1 c. The legal entity who will own this system is: ❑ Individual ❑ Federal ❑ Municipality ElState/County El Private Partnership ® Corporation ElOther.(specify): ....... 1 d. 3340 Peachtree Road, NE ;'le. Atlanta Mailing Address City 1f ....... ... ......... ................ .... ._....... ......... .. .......... ....._ ............ ................................................................_.... ..................................................... 1 Georgia g. 30326 State Zip Code . .. ......... 1 h. ...... ........ _ ....._... , ._..... ......._ ..._ 404-495-9577 1 i. 404-495-9578 1. pdemick@merrilitrust.com Telephone Facsimile E-mail _ 2 Project (Facility) Information: 2a. ..... ...... ........ .... ........... ... ...... Catatoga-Hawk's Ridge 2b. Transylvania Brief Project Name (permit will refer to this name) County Where Project is Located .... ... .... ... .........._ .... ..... ................................ 3 Contact Person .... _:_:._ . 3a. Bomani Lee Name and Affiliation of Someone Who Can Answer Questions About this Application 78-608-1923 3c. blee@jackjohnson.com Phone Number E-mail _ 1. Project is ® New ❑ Modification (of an existing permit) If Modification, Permit No.: . _.._____.....----.._.........__._._........--.— ------ ---___..._ For modifications, attach a separate sheet clearly explaining the reason for the modification (i.e. adding another phase, changing line size/length, etc.). Only include the modified information in this permit application - do not duplicate project information in B(7) and B(10-11) that has already been included in the original permit. 2. Owner is ❑ Public (skip to Item B(3)) ® Private (go to Item 2(a)) 2a. If private, applicant will be: 2b. If sold, facilities owned by a (must choose one) ❑ Retaining Ownership (i.e. store, church, single office, etc.) or ❑ Public Utility (Instruction III) ❑ Leasing units (lots, townhomes, etc. - skip to Item B(3)) ®Homeowner Assoc./Developer (Instruction IV) ® Selling units (lots, townhomes, etc. - go to Item B(2b)) 3. Indian Creek Resort, LLC Owner of Wastewater Treatment Facility (WWTF) Treating Wastewater From This Project .__-_.... 4a. Indian Creek Resort Waste Water Treatment Facility 4b. NCO065889 Name of WWTF WWTF Permit No ! ----.._..�...._ 5a. ---._..__....._.._ _ _..._-----._..,._...__.................... .-- Indian Creek Resort, LLC 5b. 8" Gravit 5c. ® y _ Receivin Sewer Size : Force Main ❑ Number of Downstream Sewer if known f Downstream Sewer Permit Owner o 9 6. The origin of this wastewater is (check all that apply): ... .... .... ...... ...... ....... .................................................................................... ....................... ............................. ............................................................... ................ ® Residential Subdivision ❑ Car Wash ❑ Apartments/Condominiums ❑ Institution 100 % Domestic/Commercial ❑ Mobile Home Park ❑ Hospital _ ❑ School El Church %Industrial ❑ Restaurant ❑ Nursing Home loO.tbe� (spe_c"")_� —� - ❑ Office El Other (specify): ( 7. Volume of wastewater to be allocated for this particular project: 7,800 gallons *Do not include previously permitted allocations i plen ayF. _ y� P la MAR 1 3 2006 8. If the permitted flow is zero, indicate why: p ElInterceptor Line - Flow will be permitted in subsequent permits that conned to this line ❑ Flow has already been allocated in Permit No. WATER OLIAUTY SE_CTR0NI ❑ Rehabilitation or, replacement of existing sewer with no new flow expected ASHEVILLF_ REGIONAL OFFICE - ft FTA 02/03 - Rev. 3 04/05 APPLICATION for GP TY SEWERS, PUMP STATIONS, AND ] CE MAINS PAGE 4 9. Provide the wastewater flow calculations used in determining the permitted flow in accordance with 15A NCAC 2H .0219(I) for Item 13(7) or the design flow for line or pump station sizing if zero flow in the space below. Values other than that in 15A NCAC 2H .0219(I)(1-2) must be supported with actual water or wastewater use data in accordance with 15A ( NCAC 2H .0219(I)(3). .......... ............... ... U11. Summary of Pump Stations to be Permitted (attach additional sheets as necessary) Z .... .................. ........... . Location ID Power Reliability Option (self chosen - as shown on Design FlowOperational Point (1- dual line feed; 2- permanent generator MATS; 3- plans for cross-reference) (MGD) GPM @ TDH portable generator w/telemetry; 4-wet well storage) Q` _ ........................................ ... .................. ..._....:.............. ....... ......... .................................. .LL Z. N......... ..._............ .... .................... .........:..................... ........ .......... 12. Does the sewer system comply with the Minimum Design Criteria for the Fast Track Permitting of Pump Stations and Force Mains (latest version), the Gravity Sewer Minimum Design Criteria (latest version) and 15A NCAC 2H .0200 as applicable? Lu - ® Yes [:]No If no, please reference the pertinent minimum design criteria or regulation and indicate why a C ; variance is requested. SUBMIT TWO COPIES OF PLANS, SPECIFICATIONS OR CALCULATIONS I PERTINENT TO THE VARIANCE WITH YOUR APPLICATION m .I i I i 13. Have the following permits/certifications been submitted for approval? Wetland/Stream Crossings - General Permit or 401 Certification? ❑ Yes ❑ No ® N/A Sedimentation and Erosion Control Plan? ® Yes ❑ No ❑ N/A Stormwater? ❑ Yes ❑ No ® N/A i 114 Does this project involve aerial lines or siphons? Check if yes: El7 heae lines willJze coOslde[edttiab tzrior a0dsnust be._�hec. ed once eveo�six rnanths. .. _............-___ ._.._...... _ __ _ _ ....___...._..._r _ 15. Does this project have gravity sewer lines designed at minimum slopes? ❑ Be aware that the Division will not accept installed lines more than 10% flatter than the minimum slope. Lines installed outside this tolerance should be corrected prior to submitting the final engineering certification.. FTA 02/03 - Rev. 3 04/05 APPLICATION for GI ITY SEWERS, PUMP STATIONS, AND :CE MAINS PAGE 5 Z 0 Q U LL a _! U A u 1. Use the Division's guidance document entitled, "DETERMINING STREAM CLASSIFICATIONS FOR FORM FTA 02/03 (FAST -TRACK SEWER SYSTEMS)" to collect and record the stream classification data below (attach additional sheets as necessary). This document is available from our web site or by contacting the appropriate Division of Water Quality regional office (see instructions for addresses) OR indicate the following: ......... .... ........ .....___ ......... .. _.. ® A Stream Classification is not needed because all parts of the project are at least 100 feet away from any down slope waterbody; AND, __.._... _._.__._._ .__. .� .......... ® A Stream Classification is not needed because the design does not depend on wet well 'storage as a power reliability option for any pump station near a Class C down slope waterbody. Location ID on Map (self chosen - as shown on Name of Waterbody Stream ` Waterbody map for cross-reference) Waterbodv County River Basin ! Index Classificatio Submit the 8.5" x 11" COLOR topographic map as required in Instruction VI regardless of whether a classification is provided! Applicant's Certification: 1, Paul Demick, attest that this application for 3,198 LF of private 6" and 8" sanitary sewerhas been reviewed by me an is accurate and complete to the best of my knowledge. I understand that if all required parts of this application are not completed and that if all required supporting documentation and attachments are not included, this application package is subject to being retumed as incomplete. Note: In accordance with North Carolina General Statutes 143-215.6A and 143-215.6B, any person who knowingly makes any false statement, representation, or certification in any application shall be gui of a Class 2 misdemeanor which may include a fine not to exceed $10,000 as well as civil penalties up to a. - ,e c3/3/U Signing Official Sig ature atE ... :.:........................... _ . ........ _. __. ........ ................ Professional Engineer's Certification: I attest that this application for 3,198 LF of private 6" and 8" sanitary sewer has been reviewed by me and is accurate, complete and consistent with the information in the engineering plans, calculations, and all other supporting documentation to the best of my knowledge. I further attest that to the best of my knowledge the proposed design has been prepared in accordance with the applicable regulations, Gravity Sewer Minimum Design Criteria for Gravity Sewers adopted February 12, 1996, and the Minimum Design Criteria for the Fast -Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 and the watershed classification in accordance with Division guidance. Although certain portions of this submittal package may have been developed by other professionals, inclusion of these materials under my signature and seal signifies that/ have reviewed this material and have judged it to be consistent with the proposed design. Note: In accordance with NC General Statutes 143-215.6A and 143-215.6B, any person who knowingly makes any false statement, representation, or certification in any application shall be guilty of a Class 2 misdemeanor which may include a fine not to exceed $10,000 as well as civil penalties up to $25,000 per violation. a. Bomani G. Lee Mailing Address 2d. Atlanta City 2g. 678-608-1923 2h. 404-495-9578 Telephone Facsimile e. GA IV. 30324 State ...:.... Zip ._ . ............. i. blee@jackjohnson.com E-mail 4�\A CAR04i''� ,Q; SEAL r; = • 029907 SONG � e L ,! �/!11lb11111 �I9 0� Seal, Signature & Dat FTA 02/03 - Rev. 3 04/05 82°56'30"W 82°56'0"W 82°55'30"W 82°55'0"W 82°54'30"W 82°547W „..r'- � sv . LA f .,�� \{ r -ram:..(+e C 'Rh ,8 e�j��. � � �' '�.,(,r..■.✓ �J,r� .�`��'^-,.r''" TI En g+ � { .� Frye.,,-"'�--%r.:_- � i ' .}:e s .: � r$ �•� :1''.i '�S' �'7'. 'r: ��. � , � '� '�'� t' �!;� 1 F. f C � ��+ �1! { �' I�,. '1. �`P J Y > �.�,uy,,a. �. T � 1)1 ^.,, y� "'A.+' 1"• '• s�^-� aa.� '■ij er rc. x:'a.-r.,'- .,r� _.� .��:". `r"�-r,..., ,,.�-y"'�,,,.j�+,,,ems, :y .,r u8 ,ph-..e it , v� a I r n - o s:x.� s y. �"! ,:� r '�Y� '7'�_�ti. G' ,r `.•. .x .\!✓f �'+.._ "_ �` �+... " : fr ''�� p CO�. ,t y ,i/' L fir`. -' ,i.Y `I�"„""rc :°"',. 7■ � ��-'� `l. u .��i� r fr z ar 1 All Z e'k"...'.'.. � ti+ K ! .� :ids, •-' Y ♦ .1 J� �,'� W e d. �„-" �.+�°'""� - f J� av^"; ' , r - �� t '`*,•�•. � : f+MEo,BTRF-ET.� '�..-....r' j 1�' :�'f '" ' -fY ■ i t -r.t "• fL aiAr l, ' , 5, .c"',r� .nj�— ', ...it ':...• "'i", 'tr.. -M } ..If �rSi��f r 'n"'`u •.' •� .` .�f r — °ro �@.{r "'^' _ ca At z s 82°56'30"W 82°56'0"W 82°55'30"W 82°55-0"W 82°5430"W 82°54'0"W RE � � L 35°7'50"N The USG National 82°56'30"W Map Extent 82°5344"W Map cience for a changing world ,><j p �, http://nationalmap,gou/ 35°6'11"N Geographic Coordinate System (WGS84) March 10, 2006 NCDENR Non -Discharge Permitting Unit-DWQ 2090 US Highway 70 Swannanoa, North Carolina 28778 RE: Catatoga — Hawk's Ridge Lake Toxaway, North Carolina Fast -Track Sanitary Sewer Permit Application Dear Sir/Madam: On behalf of Indian Creek Resort, LLC we are pleased to submit this Fast -Track application for a permit to construct sanitary sewer at the Catatoga — Hawk's Ridge development. We have attached the following for your review and approval: (2) Application forms — one original and one copy Application fee in the amount of $400.00 (2) Operational agreements — one original and one copy (1) USGS topographic map Should you have any questions, comments or require any additional information please do not hesitate to call or email me at 678-608-1923 / blee@jackjohnson.com . Thank you. Sincef:�PE B ani G. The Jack Johnson Compay MAR' 1 3 2006 j WATER QUALITY SECTION ASHEVILLE REGIQIIAL O FICE 3340 Peachtree Rd., Ste 2200 • Atlanta • GA 30326 I Telephone • 678.608.1924 - Facsimile • 404.495.9578 Digital -- www.*ackiohnson.com FAST -TRACK APPLICATION REVIEW PROCEDURES Application received Date 0Of Application Returned Date Basic Review Date 03 4,)J .0,0a Application entered BIM's Date 3 Application to County Person Permit Issued Date All fast -track projects should be submitted on the application entitled "Fast -Track Application for Gravity Sewers, Pump Stations, and Force Mains" (FORM: FTA 02103 currently) unless otherwise directed by the NDPU. Any pump station/force main projects that require an Environmental Assessment (EA) are excluded from the Fast -Track review process, and should be submitted for full review to the Central Office (NDPU) on FORM: PSFMGSA 10/99. Additionally, any projects involving a flow reduction request must receive approval for the flow reduction from the central office. PRE -REVIEW C_---f_�es the application package appear to be generally complete (i.e..all attachments, check, key questions answered)? If any portion of the application is not complete, or if any required instruction items have been omitted, RETURN the application package,and supporting documents to the applicant using the Project Return Letter template. Send the package and letter via certified mail to the applicant, and a copy of the letter to the engineering consultant. Any projects that are to be returned shall be returned prior to accepting the application (i.e., before logging in the application, and depositing the check). After a project has been accepted, any information that is found to be incorrect andlor lacking must be requested via an Additional Information Request in accordance with 15A NCAC 2H .0208(e). nsure that a check for $400,is submitted and made out to NCDENR. All new!projects and major modifications to existing projects require an application fee. A major modification includes any changes to permitted flow volumes, changes in pipe diameter, changes in pipe length greater that 10% of the originally permitted length, changes in the operating points of a pump station, etc. SECTION — Application Information If the applicant is private (Item B(2)) and listed as a corporation, check the NC, Department of the Secretary of State's web site at http://www.secretary.state.nc.us/Corporations/ to ensure that the Applicant is registered with the Secretary of State to conduct business as a corporation in the State of NC. Developer's and HOA's should be listed. `— Ensure that the signing official meets the requirements of 15A NCAC 2H .0206(b). If they do not, request a revised application that has been completed by an appropriate official or a letter from an appropriate official that indicates the person in question is delegated to sign the application on the applicant's behalf. A current list of Delegated Signing Officials can be obtained from the DWQ Intranet. if a new delegated signing official letter is presented with the application, forward a copy to the central office so that the person may be added to the Delegated Signing Official list. The central office will send E-mails to the appropriate region if a new signing official has been added so that the most current list can be used. The Non -Discharge Permitting Unit has an example delegated signing official letter from http://h2o.enr.state.nc.us/ndpu/spraypol.html#DELEG. SECTION B — Permit Information FAST -TRACK Application Review Procedures 2003 -6� ' roject is new? Modification? If the project is a modification to an existing permit, be su enter the application into BIMS as a permit modification (i.e. "renew/modify application" "create new project") . Applicant a public entity (e.g. county, town, sanitary district)? CApplicant a private entity? Own (i.e. lease) units, lots, parcels, etc? Sell units, lots, parcels, etc? Certificate of Public Convenience and Necessity? 2H .0205(d)(2) ♦ Required if the applicant is a public utility. In lieu of a Certificate of Public Convenience and Necessity, they may submit written approval from the North Carolina Utilities Commission's Public Staff that states that the utility is allowed to provide utility service in the subject project area. Note that the project name on the application and on the CPCN must match. Contact the `/NCUC Public Staff if questions arise. Operational Agreement? 2H .0205(d)(2) ♦ Operational Agreements are only required if the applicant is not a public entity (i.e. Town, County, etc.) or public utility as designated by the North Carolina Utilities Commission AND the lots being served by the collection system are to be sold to individual owners. ♦ If the applicant is a developer, they must fill out the DEVELOPER Operational Agreement (FORM: DEV 02/03). A developer may be responsible for the system for an interim period until the homeowners association is formed, at which time a Permit Name/Ownership Change request (FORM: PNOCF 06/00) will be needed to transfer the permit to the HOA. ♦ . If the applicant is a homeowners' association (HOA), they must fill out the ASSOCIATION Operational Agreement (FORM: HOA 02/03 The HOA must be registered with the Secretary of State's office and must provide a copy of the Associations' Bylaws and Articles of Incorporation. These documents should be reviewed to ensure that all applicable language regarding the collection system is included as is required by the Operational Agreement. ♦ The Operational Agreement should be attached to the permit and incorporated into the language of the permit. Please note that Operational Agreement language should not be altered without approval from the Attorney General's Office. Operational Agreements are available at http://h2o.enr.state.nc.us/ndpu/ndpuapps.htmi. %--�Approval of flow to receiving sewers and WWTF? (i.e. P4 procedure, but now in-house!) ♦ Ensure that the receiving sewers and WWTF have adequate capacity available to accept the flow volume that is being requested, and that the WWTF has been in compliance with their treatment and disposal permit. ✓ Flow acceptance letter(s) from the owner of the WWTF and owner of any intermediate sewers (if different from WWTF owner and applicant)? 2H .0205(d)(3)(C) ♦ ' Required only if the applicant and the owner of the WWTF/intermediate sewers are not the same entity. ♦ Project specific flow acceptance letters are required. ♦ Ensure that the following items appear in the flow acceptance letter: applicant's name, project name, amount of wastewater flow accepted, date that the flow acceptance was granted, expiration date of the acceptance, and name/permit number of the receiving WWTF. Do not accept a flow acceptance letter that was issued more than one year prior to the receipt of.the package. ♦ Ensure that the owner accepted the entire volume of flow listed in application. %Wastewater industrial =domestid 5inature? ♦ Most projects willwater that is domestic in nature, however, if -Item B.6 indicates that the wastewater is industrial in nature, notify the Regional Office Pretreatment 2 FAST -TRACK Application Review Procedures 2003 Coordinator or the WQ Pretreatment Unit Central Office to determine if a pretreatment permit is needed or if a program already in place and compliant. r volume calculated correctly? 2H..0219(1) Ensure that the daily design flow in the application is based on the guidance provided in the regulations or existing flow, and that the explanation as to how this volume was determined is very specific (i.e., 22 three -bedroom homes, 50,000 S.I. of retail space, 18. employees, etc): This information will be included in the description of the system in the permit. Our regs say 120 gpd/bedroom for residential. Note that for one -bedroom the minimumthey can use is 240 gpd. ♦ If daily design flow is not based on regulations, ensure that the applicant has an approved flow reduction of daily design flow rate on file with the Division. A list of approved flow reductions may be obtained from the DWQ Intranet or by contacting the N,DPU. Flow reduction requests are to be reviewed by the central office, and must be reviewed and approved before the application is accepted by the regional office for review. ♦ Ensure that the flows shown on the application match up to what is shown' on the plans (if available for review). For example, if the application states that 100 lots are to be developed, ensure that there are 100 lots, and not 150 lots, shown on the plans. Plans are only required for review if the applicant is requesting a variance to the MDC or the .0200's. ♦ Do not approve "future" wastewater flows (i.e., that based on speculative development). These would be permitted in future wastewater collection system extensions. Adequate information provided regarding the proposed gravity sewer and/or force main (if applicable)? Note: An Environmental Assessment may be required if there are 3 miles of gravity sewer and the design capacity is 1 MGD or greater (15A NCAC 1 C .0100). Note that this criteria is currently �nder revision. Environmental Assessment projects can NOT go Fast -Track! Adequate information provided regarding the proposed pump station(s) (if applicable)? Note: An Environmental Assessment may be required if .the pump station(s) have a design capacity greater than 1 MGD or greater (15A NCAC 1 C .0100). If there are any questions about whether an EA may be required, discuss with your supervisor or contact Todd Xennedy of the Planning Branch's Local Government Assistance Unit. ♦ Power reliability at the pump station provided in accordance with Section 5.04 of the Minimum Design Criteria for the Fast -Track Permitting of Pump Stations and Force Mains document (i.e dual line feed, portable generator w/telemetry, permanent generator with automatic transfer switch, wet well storage if near Class C waters)? " Project designed in accordance with 15A NCAC 2H .0200, the Gravity Sewer Minimum Design Criteria and the Minimum Design Criteria for the Fast -Track Permitting of Pump Stations and Force Mains document (as applicable)? If NO, forward one copy of the supporting documents to the Central Office for review, indicating the permit number, owner and project name. The Central SECTION C — Watershed Classification v Topographic map submitted? W hed classification required? If YES, you are advised to "spot-check" the classification(s). f NO nsure the applicant/engineer has indicated why one is not required. SECTION D —Certifications _j* ,Signing Official's signature? 2H .0206(b) FAST -TRACK Application Review Procedures 2003 ♦ Ensure that the applicant's signature is the same person as that listed as the applicant's signing official on Page 1 of the application form. PE stamped, signed, and dated application, plans, specifications, and calculations (if applicable)? 2H .0205(d)(1)(A)(iii) ♦ Ensure that the same engineer has.signed, sealed, and dated the application and all the items, with the exception of items designed by specialty disciplines (i.e., architectural, structural, plumbing, and electrical plans). If not, an explanation and/or authorization is required. Adequate information provided for the engineer/engineering firm? / PE with active license in North Carolina? 2H .0205(d)(1)(A)(iii) or 2H .0203(28) ♦ Ensure that ALL pertinent P.E.s have active licenses by checking the NC Professional Engineer's Board web site (www.ncbels.org - the PE number must be six digits, use leading 0 when needed). ♦ If the PE seal number does not show up on the web site database, call the PE Board for verification (919) 881-2293. Drafting a Permit ♦ In order to be consistent, use the most current version of the Fast -Track permit shell (see DWQ Intranet). This permit shell contains specific language with respect to the Minimum Design Criteria, regulations, and collection system permitting. The NDPU will notify you of any changes to this permit shell. ♦ Be specific with respect the system description and information. Indicate the flow, what the project will be serving, length and size of gravity sewer lines and force mains, etc. For projects involving pump stations, the size of the pump stations, as well as the reliability option and any additional info (telemetry, odor control system, etc) should be included. A sample permit is on the DWQ Intranet. ♦ Add or remove any special conditions as necessary. Please call attention to any non-standard permit conditions in the cover letter of the permit and include the permit condition where necessary. See the Example Special Conditions document. ♦ If the project is a modification, don't forget to include the system description from the previous permit and void the previous permit in the language! Denying a Project ♦ If the Reviewer/Supervisor determines that an application package should be denied because it can not meet NC Statutes, rules or regulations, then a denial letter should be drafted. Special attention - should be paid to the statutory deadline for permitting. If it is thought that a project might be denied, it is important to review it and draft the denial letter as soon as possible. There must be time allowed for the denial letter to be sent up to the Director and signed prior to the statutory date. ♦ The Reviewer should use the Application Denial Letter template to prepare a denial package for the Supervisor's review and submittal to the Director for signature. The letter should not be dated, but instead will be dated after the Director signs it. A memo to the Director should be attached to the top of the denial package summarizing the reasons for denial. This package must be singed off on by the reviewer, supervisor, Section Chief, and Director. Distribute the letter as directed in "Issuing a Permit" below. Issuing a Permit ♦ Permits should be signed only by those delegated to sign for the Director. ♦ Permits should be distributed as follows (include the signed Operational Agreement if applicable): ✓ Original to the Permittee ✓ Copy to the consulting engineer 4 FAST -TRACK Application Review Procedures 2003 INDIAN CREEK RESORT LLC/OPERATING ACCOUNT NCDENR-Division of Water Quality Date Type Reference Original Amt. 3/2/2006 Bill 3/2/06 400.00 Indian Cr Oper Region 3/9/2006 Balance Due Discount 400.00 Check Amount 2493 Payment 400.00 400.00 400.00 F NORTH CAROLINA OF DEVELOPER'S O This AGREEMENT made pursuant to G.S. 143-215.1 (dl) and Permit No. 7 T1015 , by and between the North I Commission, an agency of the State of North Carolina, hereinafter known Indian Creek Resort, LLC wit, --- — into this day of L' LI ' ��II it 1 �' l �rolma En�ironm'n) d1�Management the COMMISSION;..and WA-IFER ^11,5! ITY S� ^Pi rr i irtnership_registered/hcense•d to do business in the State of North Carolina, hereinafter known as the DEVELOPER. _ WITNESSETH: , a corporation/general The DEVELOPER is the owner of the certain lands lying in Transylvania County, upon which it is erecting and will erect dwelling units and other improvements, said development to be known as Catatoga - Hawk's Ridge (hereinafter the Development). 2. The DEVELOPER desires, to construct a wastewater collection system with pumps, wastewater treatment works, and/or disposal facilities (hereinafter Disposal System) to provide sanitary sewage disposal to serve the Development on said lands. 3. The DEVELOPER has applied to the COMMISSION for the issuance of a permit pursuant to G.S. 143- 215.1 to construct, maintain, and operate the Disposal System. 4. The DEVELOPER has created or shall create unit ownership in said dwellings units, other improvements and lands through filing of a Declaration of Unit Ownership (hereinafter Declaration), pursuant to Chapter 47C or 47F of the North Carolina General Statutes. 5. The DEVELOPER has caused to be formed or will cause to be formed at the time of filing of the Declaration, the (Enter Proposed Unit Owners' Association) Indian Creek Resort, LLC (hereinafter Association), a non-profit corporation organized and existing under and by the virtue of the laws of the State of North Carolina, for the purpose, among others, of handling the property, affairs and business of the Development; of operating, maintaining, re -constructing and repairing the common elements of the lands and improvements subject to unit ownership, including the Disposal System; and of collecting dues and assessments to provide funds for such operation, maintenance, re -construction and repair. 6. The COMMISSION desires to assure that the Disposal System of the Development is properly constructed, maintained and operated in accordance with law and permit provisions in order to protect the quality of the waters of the State and the public interest therein. NOW, THEREFORE, in consideration of the promises and the benefits to be derived by each of the parties hereto, the COMMISSION and DEVELOPER do hereby mutually agree as follows: 1. The DEVELOPER shall construct the Disposal System in accordance with the permit and plans and specifications hereafter issued and approved by the COMMISSION, and shall thereafter properly operate and maintain such systems and facilities in accordance with applicable permit provisions and law. 2. The DEVELOPER shall not transfer ownership and/or control of the Disposal System to the Association until construction has been completed in accordance with the permit and approved plans, and the staff of the Division of Water Quality has inspected and approved of the facilities. In order to change the name of the permit holder, the DEVELOPER must request that the permit be reissued to the Association. The request must include a copy of the Association Bylaws and Declaration. 3. The DEVELOPER shall not transfer, convey, assign or otherwise relinquish or release its responsibility for the operation and maintenance of its Disposal System until a permit has been reissued to the DEVELOPER's successor. Pre DEVELOPER shall provide in the Declaration and Association Bylaws that the Disposal System and appurtenances thereto are part of the common elements and shall thereafter be properly maintained and operated in conformity with law and the provisions of the permit for construction, operation, repair, and maintenance of the system and facilities. The Declaration and Bylaws shall identify the entire wastewater treatment, collection and disposal system as a common element which will receive the highest priority for expenditures by the Association except for Federal, State, and local taxes and insurance. The DEVELOPER shall provide in the Declaration and Association Bylaws that the Disposal System will be maintained out of the common expenses. In order to assure that there shall be funds readily available to repair, maintain or construct the Disposal System, beyond the routine operation and maintenance expenses, the Declaration and Association Bylaws shall provide that a fund be created out of the common expenses. Such fund shall be separate from the routine maintenance funds allocated for the facility and shall be part of the yearly budget. 6. In the event the common expense allocation and separate fund are not adequate for the construction, . repair, and maintenance of the Disposal System, the Declaration and Association Bylaws shall provide for special assessments to cover such necessary costs. There shall be no limit on the amount of such assessments, and the Declaration and Bylaws shall provide that such special assessments can be made as necessary at any time. 7. If a wastewater collection system and wastewater treatment and/or disposal facility provided by any city, town, village, county, water and sewer authorities, or other unit of government shall hereinafter become available to serve the Development, the DEVELOPER shall take such action as is necessary to cause the existing and future wastewater of the Development to be accepted and discharged into said governmental system, and shall convey or transfer as much of the Disposal System and such necessary easements as the governmental unit may require as condition of accepting the Development's wastewater. 8. Recognizing that it would be contrary to the public interest and to the public health, safety and welfare for the Association to enter into voluntary dissolution without having made adequate provision for the continued proper maintenance, repair and operation of its Disposal System, the DEVELOPER shall provide in the Association Bylaws that the Association shall not enter into voluntary dissolution without first having transferred its said system and facilities to some person, corporation or other entity acceptable to and approved by the COMMISSION by the issuance of a permit. 9. The agreements set forth in numbered paragraphs 1, 2, 3, 4, 5, 6, 7, and 8 above shall be conditions of any permit issued by the COMMISSION to the DEVELOPER for the construction, maintenance, repair and operation of the Disposal System. 10. A copy of this agreement shall be filed at the Register of Deeds in the County(ies) where the Declaration is filed and in the offices of the Secretary of State of North Carolina with the Articles of Incorporation of the Association. IN WITNESS WHEREOF, this agreement was executed in duplicate originals by the duly authorized representative of the parties hereto on the day and year written as indicated by each of the parties named below: FOR THE ENVIRONMENTAL MANAGEMENT COMMISSION AlAn W. Klimek, P.E., Director Division of Water Quality 7106 (Date Indian Creek Resort, LLC Name OPER B ( ' gna re) Paul Derrick, Chief Financial Officer Print Nam" am alpd Title U d (Dat )