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NC0087891_Complete File - Historical_20201006
OF Mi W ATF l `O� 9QG tel asley,G ern r y William G.Ross Jr.,Secretary r= ,.L�IotSb G,aTAfiPLPepart_ment of Environment and Natural Resources A 7r vr,:cn5y O H ao Ai Coleen K l9g1 ns,Director 6 _ Division of N ater Quality November 14, 200 MEMORANDUM � }1 , .l.l NOV 1 7 2008 y l TO: Roger Edwards, Regional Water Quality tips iso : Asheville Regional Office, Division of W ter Qual 1;y- WATER QUALITY SECTION ASHEVILLE REGIONAL OFF-ICE FRO en Pohlig, P.E, Project Review Engineez, _ .__. Design Management Unit SUBJECT: Request for an Authorization to Construct East Yancey Water&Sewer District, South Toe River WWTP Improvements NPDES Permit No. NCO087891 Plans, specifications and supporting documents have been received for the subject project. It is requested that comments and recommendations, including the items listed below, be received by December 15, 2008,from the Regional Office Staff: CAMA 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) 715-6221. Attachment swc cc: Ken Pohlig, P.E. Steve Coffey, P.E. ATC File No. 087891A01 Construction Grants and Loans Section 1633 Mail Service Center Raleigh NC 27699-1633 One Phone:919-733-6900/FAX:919-715-6229/Internet:www.nccgi.net North Carofiina An Equal Opportunity/Affirmative Action Employer—50%Recycled/10%Post Consumer Paper Natzmally Mic4e(e V'I awliern, p Manage Go�Nry•Nogpyc ]ohnR6tifr#',^,06, grm g I�Fr— ene Hn -,-�C�o�'mmm is'q. e r s, acYANCEY COUNTY ; * - * County Courthouse,Room 11 •Burnsville,North Carolina 287114 1 20 8 :j n` v PHONE: (828) 682-3971 FAX: (828) 682-4301 T LITY�f ( I ION MOUPIT ctober 16, 2008I,,I, Mr. Ken Pohlig, P.E. Construction Grants and Loans Section North Carolina Department of Environment And Natural Resources 1633 Mail Service Center Raleigh,North Carolina 27699-1633 Re: East Yancey Water and Sewer District Request Authorization to Construct Proposed Wastewater Treatment Plant & Sewer System Improvements Dear Mr. Pohlig: The East Yancey Water and Sewer District in Yancey County hereby requests Authorization to Construct the referenced proposed wastewater treatment plant and sanitary sewer system improvements as shown and specified in the enclosed plans, specifications and other supporting documents prepared by McGill Associates, P.A. along with a check in the amount of$480.00 for the application fee. If you have technical questions regarding the proposed design please direct them to Randy Hintz of McGill Associates at (828) 252-0575. Thank you for your assistance in this important project. Please do not hesitate to contact me if you have any questions. Yi Si rely, ele Lawhern County Manager cc: Roger Edwards, DWQ-Asheville Regional Office Tom Storie, Town of Burnsville Harry Buckner, McGill Associates, P.A. e y i North Carolina Division Of Water rQu it ' to 1 7 2003 Construction Grants & Loans Sect on Yi Authorization To Construct (ATC) AppJ1catlon FQrm (To Be Used On and After Augusf 2667) S Date: 10/31/2008 Permittee/Owner Name: East Yancey Water&Sewer Professional Engineer of Record: Randall D. Hintz District Contact Person: Michele Lawhern Engineering Firm: McGill Associates, P.A. Address: Room 11, Courthouse Address: 55 Broad Street Burnsville, NC 28714 Asheville, NC 28801 Telephone Number: (828) 682-3971 2,KZ0 Telephone Number: (828)252-0575 Please Note: The following items and information must be Information Is ; submitted to be considered a complete application Provided Remarks/Explanation package. If any applicable item is missing the package will 21 be returned as incomplete. 1 Letter of request for ATC from Permittee/Owner or ® Attached authorized agent with written authorization. 2 Brief description of the proposed project. ® Paragragh 1.01, Specification Section 01200 3 Complete copy of the NPDES permit or public notice of ® Attached a draft NPDES permit. 4 Design capacity in Million Gallons per Day(MGD). ® 0.125 MGD If new or expanding design capacity is greater than or 5 equal to 0.5 MGD, include a copy of Finding Of No ❑ N/A Significant Impact(FNSI). Two sets of plans: signed, sealed, and dated by a NC 6 Professional Engineer and stamped "Final Drawing- ® Attached Not Released For Construction". 7 Two sets of technical specifications: signed, sealed, ® Attached and dated by a NC Professional Engineer. Two sets each of process, design, buoyancy, and 8 hydraulic profile calculations: signed, sealed, and dated ® Attached by a NC Professional Engineer. 9 Hydraulic profile and a flow schematic with sizes of ® Attached major components on 8W X 11" paper. Documentation that a Soil & Erosion Control permit Erosion 06htfol Pian Vuill be subm tted- 10 application has been submitted to the Division of Land ® and documenfatio,n forwarded when, Resources. aVaila6le Residuals Management Plan for all new or expanding 11 facilities producing residuals, or when modifying ® Attached residual facilities. 12 Construction Sequence Plan for all modifications. ® Included in Specifications Please Note: The following items and information must be Information Is submitted to be considered a complete application Provided Remarks/Explanation package. If any applicable item is missing the package will be returned as incomplete. 13 110 volt GFCI receptacle and potable water source included on plans. 14 Hydrogeologic information must be provided if a El N/A potential for groundwater contravention exists. 15 For abandonment of WWTPs: a statement that the El N/A facility will be properly disconnected. 16 All property lines, construction easements, permanent easements, and ROW shown. 17 All wells within 200 feet of project shown. 18 All houses and places of public assembly within 100 feet shown. Wetlands, watercourses, and drainage features within 19 50 feet of all wastewater treatment or storage facilities shown. 20 Identify on the plans each water body's watershed classification. 21 Plan sheets for all applicable disciplines. ® Attached 22 Reliability per NCAC 2T .0505 (1). ® Proposed Standby Generator w/ATS 23 Identify 100 year flood elevation on plans. 24 North arrow on each plan sheet. 25 Horizontal and vertical control. 26 Subsurface investigation for new structures. ® Attached Municipal/Public Facilities, also include the following: Engineer's Certification signed, sealed, and dated by 27 the Engineer Of Record stating that the project ® Attached complies with G.S. 133-3. 28 Minority Business Forms for Local Government ® Included in Specifications Projects. 29 Minority Business Guide. ® Included in Specifications 30 Dispute Resolution with mediation for Local ® Included in Specifications Governments. 31 Contract Duration included. ® Included in Specifications Projects funded through CG&L must include the 32 Submittal Checklist,found under Plans & ® Attached Specificiations at: http://www.nccgl.neYEn.gineering/plans.html II , l l NOV 1 7 2003 J Residuals Mana : ement Plan ! Nowa V 3 2006 East Yancey Wastewater g W®r A_ MOM The East Yancey Wastewater Treatment Plant (WWTP) will include' a sludge"hiblding tank. Residuals will be stored for a period of time, until they are hauled to the Town of Burnsville's WWTP and dewatered in their belt filter press. The Town of Burnsville has an agreement with the East Yancey Water and Sewer District to operate the proposed East Yancey WWTP. Burnsville personnel will haul sludge via sludge trucks from the sludge loading station at the East Yancey WWTP to the Burnsville WWTP. Per 15A NCAC 02H a minimum of 30 days of solids storage is required. Due to the remote location of this plant and the method of sludge disposal it is recommended to provide 75 days of storage. Solids will be produced at a rate of 1001bs/day based on an average flow of 125,000 gpd and 0.8 lbs solids per 1000 gallons of wastewater (Metcalf and Eddy, Wastewater En 'neering 3'd Edition, pg 773) (125,000 gpd x 0.8 lbs solids/ 1000 gal. = 100 lbs solids/day). Assuming a 1.5 solids concentration (Metcalf and Eddy, Wastewater Engineering 3'd Edition, pg 774) approximately 59,050 gallons of sludge will be produced in 75 days (100 lbs solids / day x l/(62.4 lbs / cubic foot water x 1.015 (specific gravity of 1.5% sludge) x 0.015 (solids content) = 105.26 cubic feet per day= 787.3 gpd * 75 days = 59050 gal sludge produced in 75 days). The proposed sludge holding tank is sized to hold approximately 62,800 gallons (32' x 17.5' x 15' water level = 8400 CF = 62,832 gallons) which is greater than 59,050 gallons therefore the sludge storage requirement is met. The belt filter press at the Burnsville WWTP was installed in 2000. It was designed to handle sludge not only from the Burnsville WWTP, but also from the future East Yancey WWTP. The maximum solids produced at the Burnsville WWTP were calculated to be 664 lbs/day (800,000 gpd x 0.83 lbs/ 1000 gal. = 664 lbs/day). However, the belt filter press was sized based on a total flow rate of 1.1 mgd to account for solids coming from the future East Yancey WWTP (1,100,000 gpd x 0.83 lbs/1000 gal. = 913 lbs/day). The 913 lbs/day capacity of the belt filter press is therefore large enough to handle sludge from both the Burnsville WWTP (maximum solids rate of 664 lbs/day) and the East Yancey WWTP (100 lbs/day). 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Easley QO. `9QG 50*1 Governor William G.Ross,IT.,Secretary co North Carolina 1Jepartmei�t of'Environment and Natural Resources i } 1. , 'Aldn W'.Klimek,P.E.,Director Division of Water Quality . April 13, 2005 1 i I al y Ms. Michele Lawhern "istrict Mgr. County Courthouse, Room 11 ` Burnsville, North Carolina 28714 - Subject:' NPDES Permit,Issuance Permit No. NCO087891 South Toe River WWTP Yancey County Dear Ms. Lawhem: Division.staff have reviewed and approved your application for a new NPDES discharge permit. Accordingly, the Division is forwarding the subject NPDES permit. This permit is issued pursuant to the requirements of North Carolina General Statute 143-215.1 and the . Memorandum of Agreement between North Carolina and the U.S. Environmental Protection Agency dated May 9, 1994 (or as subsequently amended). The following items from the DRAFT permit have been retained in this FINAL permit: • A flow limit of 0.125 MGD, which is based on the projected 20-year population growth within the district's service area. Should the facility at a later date consider incorporation of flow from the Town of Burnsville's OMC pump station, you will need to request a major permit modification and submit an application and Engineering Alternatives Analysis. " ' • Effluent permit limits are.based on the assumption of 100% domestic wastewater being treated and discharged. Any changes from this assumption will require a permit modification. • BOD and TSS limits require 85% pollutant removal between influent and effluent samples, based 'on monthly average concentrations. This is a requirement for all municipal wastewater treatment systems. • Secondary limits for BOD5 (30 mg/1), TSS (30 mg/1), and pH (6-9). • A total residual chlorine (TRC) limit of 28 ug/l, which represents a level protective of acute impacts. The TRC limit is appropriate for facilities that might use chlorination for disinfection purposes. Please note that several comments were received from natural resource agencies (i.e., US Fish and Wildlife Service, North Carolina Wildlife Resources Commission, North Carolina Natural Heritage Program) concerning the potential for this discharge to impact the federally- endangered Appalachian elktoe mussel, which is present in the receiving waterbody. ,Based on discussions with these agencies, the following additional requirements have been incorporated into this Final Permit: • A requirement for twice per month instream monitoring (upstream, downstream) for ammonia and total residual chlorine has been added to Effluent Sheet A (1) for the months of June, July, August, and September. • Addition of Special Condition'A (2) - Outfall Survey. The permittee will conduct a site- specific survey for the Appalachian elktoe mussel when coordinating the exact location of the outfall pipe, in order to minimize direct impact to mussel beds. • Addition of Special Condition A (3) -Ammonia Reopener. This permit may be reopened and modified if a new ammonia water quality standard is adopted, or if a site specific 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-T748 f NPDES Permit Issuance Permit No. NCO087891 South Toe River WWTP Page 2 management strategy is developed for this waterbody in accordance with 15A NCAC 2B.0110. In addition, the Division strongly recommends that the .permittee evaluate the need for appropriate stormwater.controls for future development in this watershed, in order to minimize the potential for secondary impacts to the receiving stream. Please note that you will need to obtain an Authorization to Construct (ATC) permit prior to construction of the wastewater treatment plant. ATC permits are now processed by the DWQ Construction Grants and Loans Section. As discussed above, the permittee will conduct a mussel survey prior to outfall pipe construction. Additionally, the permittee has agreed to incorporate UV disinfection and effluent filters, should funding become available for this alternative prior to plant construction. 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 a demand is made, this permit shall be final and binding. Please take notice 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, the Division of Land Resources, the Coastal Area Management Act, or any other federal or local governmental permit. If you have .any questions concerning this permit, please contact Tom Belnick at telephone number (919) 733-5083,,ext. 543. Sincerely, - an W. 2ek, P.E. Enclosure: Cover Letter+Permit cc: Asheville Regional Office,Water quality z'eril a,g.Y w= N if `a- PDF Technical Assistance and Certification US Fish and Wildlife Service,Attn: Contaminants Specialist,POBox 33726,Raleigh,NC 27636-3726 NC Wildlife Resources Commission, Division of Inland Fisheries,Attn: Shannon Deaton, 1721. Mail•Service Center, Raleigh,NC 27699-1721 NC Rural.Ecoi�iomic:.Deyelopment Center„Attn:..Dennis Lassiter,:4021 Carya Drive, Raleigh,NC 27610 aMcGill:Associate5 tlttri's F ortest=Westh:1 POEiox 2259 PtishevtLle NC.Z8802 .... ' I Permit No. NCO087891 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER gUALITY 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, East Yancey Water & Seger District is hereby authorized to discharge wastewater from a facility located at South Toe River VVWTP Wyatt Town Road Micaville, North Carolina Yancey County to receiving waters designated as South Toe River in the French Broad River Basin in accordance with effluent limitations, monitoring requirements, and other conditions set forth in Parts I, II, III, and IV hereof. ,t The permit shall become effective May 1, 2005 This permit and the authorization to discharge shall expire at midnight on April 30, 2010 Signed this day April 13, 2005 an W. 7oof imek, , Director Division Water Quality By Authty of the Environmental Management Commission Permit No. NCO087891 SUPPLEMENT TO PERMIT COVER SHEET The exclusive authority to operate this facility arises under this NPDES permit. The conditions, requirements, terms and provisions of this NPDES permit governs surface water discharges from this facility. East Yancey Water & Sewer District is hereby authorized to: l. Construct and operate, after receiving an Authorization to Construct permit, a 0.125 MGD wastewater treatment plant to be located at the South Toe River WWTP on Wyatt Town Road, Micaville, Yancey County, and; 2. Discharge from said treatment works (via Outfall 001) into the South Toe River, a Class C-Trout water in the French Broad River Basin, at the location specified on the attached map. 0 ON Permit No. NCO087891 A (1). EFFLUENT LIMITATIONS AND MONITORING•RE!gUIREMENTS Beginning on the effective date of this permit and lasting until expiration, the Permittee is authorized to discharge treated wastewater from Outfall 001. Such discharges shall be limited and monitored by the Permittee as ! specified below: r7rr,;tr. .1{x� .1i„P... 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K "rn'>.rt t , �,..y uti�.4"�tfP� .., !t 4.,�:� 1•i � ..,.J thfi t+. �7n,:.1 1 {��r� S 42,.,4 7.,. w 3'`mt i!'ra�,,'if`lii.(�C.at�0n1.i ' A�;�dl�f�.kt�a.1y[n,{jt i�-�`:l•�¢�I l�l' t:1t�� �(fK'�L�Li i'_=:..iiu� � ��S''��}n::.S.......�A.l.:(�r .:_:.IJ..i.11;.[f$.•,c�:�FJ_,�,11''„ �:...t'7}:�T�li.lYli�S'rr, _Yc,�tu�.'S affl,.t:..._:L.�.%:F)!,i Flow 0.125 MGD Continuous Recording I or E a 2 .0 m /1 45.0 m /1 i BOD, 5-day, 20 C 30 g g Weekly Composite E, I Total Suspended Solids= 30.0 mg/1 45.0 mg/1 Weekly Composite E, I NH3 as N 2/Month Composite E Total Residual Chlorine3 28 ug/1 2/Week Grab E Fecal Coliform (geom.mean) 200/100 m1 400/1o0 mi Weekly Grab E Dissolved Oxygen Weekly Grab E Temperature Weekly Grab E. pH4 Weekly Grab E Total Nitrogen (No,+No,+TKN) 2/Year Composite E Total Phosphorus 2/Year Composite E NH3 as N 2/Month5 Grab U, D Total Residual Chlorine 2/Months Grab U, D Notes: I. Sample locations: E- Effluent, I-Influent., U- Upstream, D- Downstream 2. The monthly average effluent BOD5 and TSS concentrations shall not exceed 15% of the respective influent value (85%removal). 3. TRC limit and monitoring apply only if chlorination is used for disinfection. 4. The pH shall not be less than 6.0 standard units nor greater than 9.0 standard units. 5. Instream samples shall be collected during the summer months of June, July,August, and September. There shall be no discharge of floating solids or visible foam in other than trace amounts. Permit No. NCO087891 SUPPLEMENT TO EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS SPECIAL CONDITIONS A (2). OUTFALL SURVEY The permittee will conduct a. site-specific survey for the Appalachian elktoe mussel when coordinating the exact location of the outfaIl pipe with the Division, in order to minimize direct impact to mussel beds. A (3). AMMONIA REOPENER This permit may be reopened and modified if a new ammonia water quality standard is adopted, or if a site-specific management strategy is adopted for this waterbody in accordance with 15A NCAC 2B.0110. s NPDES Permit Requirements 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. Bypass The known diversiod'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. This method may only be used in situations where effluent flow rates vary less than 15 percent. The grab samples shall be taken at intervals of no greater than 20 minutes apart during any 24-hour period and must be of equal size and of no less than 100 milliliters. Use of this method requires prior approval by the Director. " NPDES Permit Requirements Page 2 of 16 In accordance with (4) above,influent grab samples shall not be collected more than once per hour. Effluent grab samples shall not be collected more than once per hour except at wastewater treatment systems .having a detention time of greater than 24 hours. In such cases, effluent grab samples may be collected at intervals evenly spaced over the 24-hour period that are equal in number of hours to the detention time of the system in number of days. However, the interval between effluent grab samples may not exceed six hours nor the number of samples less than four 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 1223) Daily Maximum The highest "daily discharge" during the calendar month. Day Sampling 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 disruption's 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. 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 r 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). Hazardous Substance Any substance designated under 40 CFR Part 116 pursuant to Section 311 of the Clean Water Act. 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. Version 612012003 NPDES Permit Requirements Page 3 of 16 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 Avera�e (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. 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 limitl 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 negligently violates sections 301,302, 306,307, 308, 318, or 405 of the Act, or any condition or limitation implementing any of such sections in a permit issued under section 402.of the Act, or any requirement imposed in a pretreatment program approved under section 402(a)(3) or 402(b)(8) of the Act,is subject to criminal penalties of$2,500 to $25,000 per day of violation, or imprisonment of not more than 1 year, or both. In the case of a second or subsequent conviction for a negligent violation, a person shall be subject to criminal penalties of not more than $50,000 per day of violation, or by imprisonment of not more than 2 years, or both. [40 CFR 122.41 (a) (2)] NPDES Permit Requirements Page 4 of 16 d. Any person who knomingyl 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 which has 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 Il. 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. a, 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. NPDES Permit Requirements Page 5 of 16 7. Severability The provisions of this permit are severable. If any provision of this permit, or the application of any provision of permit to any circumstances, is held invalid, the application of such provision to other circumstances, and the remait 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 Iermittee shall submit such information, forms, and fees as are required by the agency authorized to issue permits no later than 180 days prior to the expiration date. . Any Permittee that has not requested renewal at least 180 days prior to expiration, or any Permittee that does not have a permit after the expiration and has not requested renewal at least 180 days prior to expiration,will subject the Permittee to enforcement procedures as provided in NCGS 143-215.6 and 33 USC 1251 et. seq.' 11. Signatory Requirements All applications, reports, or information submitted to the Permit Issuing Authority shall be signed and certified [40 CFR 122.41 (k)]. .a. All permit applications shall be signed as follows: (1) For a corporation: by a responsible corporate officer. For the purpose of this Section, a responsible corporate officer means: (a) a president, secretary, treasurer or vice president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision making functions for the corporation, or (b) the manager of one or more manufacturing, production, or operating facilities,provided, the manager is authorized to make management decisions which govern the. operation of the regulated facility including having the explicit or implicit duty of making major,capital investment recommendations, and initiating and directing other comprehensive measures to assure long term environmental compliance with environmental laws and regulations; the manager can ensure that the necessary systems are established or actions taken to gather complete and accurate information for permit application requirements; and where authority to sign documents has been assigned or delegated- to the manager in accordance with corporate procedures . (2) For a partnership or sole proprietorship: by a general partner or the proprietor,respectively;or (3) For a municipality, State, Federal, or other public agency: by either a principal executive officer or ranking elected official [40 CFR 122.22]. b. All reports required by the permit and other information requested by the Permit Issuing Authority shall be signed by a person described in paragraph a. above or by a duly authorized representative of that person. A person is a duly authorized representative only if: 1. The authorization is made in writing by a person described above; 2. The authorization specified either an individual or a position having responsibility for the overall operation of the regulated facility or activity, such as the position of plant manager,operator of a well or well field, superintendent, a position of equivalent responsibility, or an individual or position having overall responsibility for environmental matters for the company. (A duly authorized representative may thus be either a named individual or any individual occupying a named position.);and 3. The written authorization is submitted to the Permit Issuing Authority [40 CFR 122.22] i NPDES Permit Requirements Page 6of16 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]: "1 certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person orpersons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. 1 am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for knowing violations." 12. Permit Actions This permit may be modified, revoked and reissued, or terminated for cause. The filing of a request by the Permittee for a permit modification, revocation and reissuance, or termination, or a notification of planned changes or anticipated noncompliance does not stay any permit condition [40 CFR 122.41 (�]. .13: Permit Modification. Revocation and Reissuance, or Termination The issuance of this permit does not prohibit the permit issuing authority from reopening and modifying the permit, revoking and reissuing the permit, or terminating the permit as allowed by the laws, rules, and regulations contained in Title 40, Code of Federal Regulations, Parts 122 and 123; Title 15A of the North Carolina Administrative Code, Subchapter 2H .0100; and North.Carolina General Statute 143-215.1 et. al. 14. Annual Administering and Compliance Monitoring Fee Requirements The Permittee must pay the annual administering and compliance monitoring fee within thirty days after being billed by the Division. Failure to pay the fee in a timely manner in accordance with 15A NCAC 2H.0105 (b) (4) may cause this Division to initiate action to revoke the permit. Section C. Operation and Maintenance of Pollution Controls 1. Certified Operator Upon classification of the permitted facility_by the Certification Commission, the Permittee shall employ a certified water pollution control treatment system operator in responsible charge (ORC) of the water pollution control treatment system. Such operator must hold a certification of the grade equivalent to or greater than the classification assigned to the water pollution control treatment system by the Certification Commission. The Permittee must also employ one or more certified Back-up.ORCs who possess a currently valid certificate of the type of the system. Back-up ORCs must possess a grade equal to (or no more than one grade less than) the grade of the system [15A NCAC 8G.0201]. The ORC of each Class I facility must: ➢ Visit the facility 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 daily, excluding weekends and holidays ➢ Properly manage and document daily operation and maintenance of the facility ➢ Comply with all other conditions of 15A NCAC 8G.0204. Once the facility is classified, the Permittee shall submit a letter to the Certification Commission designating the operator in responsible charge: a. Within 60 calendar days prior to wastewater being introduced into a new system NPDES Permit Requirements Page 7.of 16 b. Within 120 calendar days of: Receiving notification of a change in the classification of the system requiring the designation of a new ORC and back-up ORC A vacancy in the position of ORC or back-up ORC. 2. Proper 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)]. 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. (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 NPDES Permit Requirements Page 8 of 16 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) (B) of this permit. (4) The Permittee complied with any remedial measures required under Part II.B. 2. of this permit. d. Burden of proof[40 CFR 122.41 (n) (4)]: The Pennittee seeking to establish the occurrence of an upset has the burden of proof in any enforcement proceeding. 6. Removed Substances Solids, sludges, filter backwash, or other pollutants removed in the course of treatment or control of wastewaters shall be utilized/disposed of in accordance with NCGS 143-215.1 and in a manner such as to prevent any pollutant from such materials from entering waters of the State or navigable waters of the United States. .The Permittee shall comply with all existing Federal regulations governing the disposal of sewage sludge. Upon promulgation of 40 CFR Part 503, any permit issued by the Permit Issuing Authority for the utilization/disposal of sludge may be reopened and modified, or revoked and reissued, to incorporate applicable requirements at 40 CFR 503. The Permittee shall comply with applicable 40 CFR 503 Standards for the Use and Disposal of Sewage Sludge (when promulgated),within the time provided in the regulation, even if the permit is not modified to incorporate the requirement. The Permittee shall notify. the Permit Issuing Authority of any significant change in its sludge use or disposal practices. 7. Power Failures The Permittee is responsible for maintaining adequate safeguards (as required by 15A NCAC 2H.0124 — Reliability) to prevent the discharge of untreated or inadequately treated wastes during electrical power failures either by means of alternate power sources, standby generators or retention of inadequately treated effluent. Section D. Monitoring and Records 1. Representative Sampling Samples collected and measurements taken, as required herein, shall be characteristic of the volume and nature of the permitted.discharge. Samples collected at a frequency less than daily shall be taken on a day and time that is characteristic of the discharge over the entire period the sample represents.. All samples shall be taken at the monitoring points specified in this permit and, unless otherwise specified, before the effluent joins or is diluted by any other wastestream, body of water, or substance. Monitoring points shall not be changed without notification to and the approval of the Permit Issuing Authority (40 CFR 122.41 (j)]. 2. Reporting Monitoring results obtained during the previous month(s) shall be summarized for each month and reported on a monthly Discharge Monitoring Report (DMR) Form (MR. 1, 1.1, 2, 3) or alternative forms approved by the Director,postmarked no later than the 28th day following the completed reporting period. The first DMR is due on the last day of the month following the issuance of the permit or in the case of a new facility, on the last day of the month following the commencement of discharge. Duplicate signed copies of these, and all other reports required herein, shall be submitted to the following address: NC DENR/Division of Water Quality/ Water Quality Section ATTENTION: Central Files 1617 Mail Service Center Raleigh,North Carolina 27699-1617 Version 612012003 NPDES Permit Requirements Page 9 of 16 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 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 ➢ 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; 9 NPDES Permit Requirements Page 10 of 16 e. The analytical techniques or methods used; and f. The results of such analyses. 8. Inspection and EntU The Permittee shall allow the Director, or an authorized representative (including an authorized contractor acting as a representative of the Director),upon the presentation of credentials and other documents as may be required by law, to; a. Enter upon.the Permittee's premises where a regulated facility or activity is located or conducted, or where records must be kept under the conditions of this permit; b. Have access to and copy, at reasonable times, any records that must be kept under the conditions of this perrrut; c. Inspect at reasonable times any facilities, equipment (including monitoring and.control equipment),practices, or operations regulated or required under this permit; and d. Sample or monitor at reasonable times, for the purposes of assuring permit compliance or as otherwise authorized by.the Clean Water Act,any substances or parameters at any location (40 CFR 122.41 (i)]. Section E Repporting 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 0)]. 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, no 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 alternation, addition or change may justify the application of permit conditions that are different from or absent in the existing permit, including notification of additional use or disposal sites not reported during the permit application process or not reported pursuant to an approved land application plan. 3. Anticipated Noncompliance The Permittee shall give advance notice to'the Director of any planned changes to the permitted facility or other activities that might result in noncompliance with the permit (40 CFR 122.410) (2)]. 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 the Clean Water Act [40 CFR 122.410) (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 morutoring shall be included in the calculation and reporting of the data submitted on the DMR. llorc;nn aignignm NPDES Permit Requirements Page 11 of 16 6. Twenty-four Flour 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 aWnIfe 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) 01. 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 directly to receiving waters without treatment of all or any portion of the influent to such station or facility. Persons reporting such occurrences by telephone shall also file a written report within 5 days following first knowledge of the occurrence. 10. Availabili 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 of Water Quality. 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 NPDES Permit Requirements Page 12 of 16 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 PezxQ';ttee (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,nor add to the plant's treatment capacity, nor change the treatment process(es) utilized at the treatment plant unless the Division has issued an Authorization to Construct(AtC) permit. Issuance of an AtC will not occur until Final Plans and Specifications for the proposed 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 of the Division of Water Quality, 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 0 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 ersion 612012003 NPDES Permit Requirements Page 13of16 adverse impacts to waters of the State. This permit cannot be rescinded while any activities requiring this permit continue at the permitted facility. PART TV SPECIAL'CONDITIONS FOR MUNCIPAL 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 POT V 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 POTNV, 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. .1. .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'POTNV, 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 POT``V'Treatment Plant exceeds 40°C (104°F) unless the Division,upon request of the POTW, approves alternate temperature limits; 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 fumes 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 POT%V. 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 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 NPDES Permit Requirements Page 14of16 • 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 Survey a( S) 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. 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 122.421. The Permittee shall develop,in accordance with 40 CFR 403.5(c) and 15A NCAC 2H•.0909, -` specific Local Limits to implement the prohibitions listed in 40 CFR 403.5(a) and (b) and 15A NCAC 2H .0909. 5. Industrial User Pretreatment Permits (IUPI &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. Version 612012003 NPDES Permit Requirements Page 15 of 16 6. Authorization to Construct (A to Cl 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 Pernaittee 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, thedridustry's pretreatment permit, or in 15A NCAC 2H.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 (PAR) The Permittee shall report to the Division in accordance with 15A NCAC 2H .0908. In lieu of submitting annual reports, Modified Pretreatment Programs developed under 15A NCAC 2H .0904 (b) may be required to 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 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 Summary (PPS) A pretreatment program summary (PPS) on specific forms approved by the Division; c.) Significant Non-Compliance Report (SNCRI 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) NPDES Permit Requirements Page 16 of 16 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. 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PAT MCCRORY J SSti G01'eir101• DONALD R. VAN DER VAART Water Resources Secrela,y S. JAY ZIMMERMAN ENVIRONMENTAL QUALITY Director April 22,2016 Dfvisiollof Mr.Nathan Bennett I APR 2 / County Manager { Yancey County Court House 100 Town Square,Room 11 w;,tnr ournli ;;;,r, )'Inr"�firns Burnsville,NC 28714 Subject: Issuance of NPDES Permit NCO087891 South Toe River WWTP Dear Mr. Rogers: Yancey County Division personnel have reviewed and approved your application for renewal of the subject permit. Accordingly,we are forwarding the attached NPDES discharge permit. This permit is issued pursuant to the requirements of North Carolina General Statute 143-215.1 and the Memorandum of Agreement between North Carolina and the U.S.Environmental Protection Agency dated October 15,2007(or as subsequently amended). This final permit includes no major changes from the draft permit sent to you on March 8,2016. 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 Sonia Gregory at telephone number(919) 807-6333. Sinc er ly, S.Jay Zimmerman,P.G.,Director Files cc: Ce�'a Division of Water Resources � Asheville Regional Office NPDES Unit State of North Carolina Environmental Quality I Water Resources 1617 Mail service Center I Raleigh,North Carolina 27699-1617 919 807 6300 Permit NC0087891 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY DIVISION OF WATER RESOURCES 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,the East Yancey Water & Sewer District is hereby authorized to discharge wastewater from a facility located at the South Toe,River WWTP Wyatt Town Road Micaville Yancey County to receiving waters designated as South Toe River in subbasin 04-03-06 of the French Broad River Basin in accordance with effluent limitations, monitoring requirements, and other conditions set forth in Parts I, II, III, and IV hereof. The permit shall become effective June 1,2016. This permit and the authorization to discharge shall expire at midnight on February 28, 2021. Signed this day April 22, 2016. y S. Zimmerman,P.G.,Director ivision of Water Resources By Authority of the Environmental Management Commission Page 1 of 7 Permit NCO087891 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. East Yancey Water & Sewer District is hereby authorized to: 1. Construct and operate a 0.125 MGD wastewater treatment plant that includes the following components: - Bar screen - Influent composite sampler - Two (2) 115,000 gallon Sequencing Batch Reactors (SBR) systems - One (1) 26,000 gallon post equalization basin - Two (2)tertiary filter systems - UV disinfection system - Effluent flow meter with recorder - Effluent composite sampler - 12 port diffuser system - One (1) 63,000 gallon digester - Sludge truck load out station - Stand by generator located at the South Toe River WWTP on Wyatt Town Road, Micaville, Yancey County, and; 2. Discharge from said treatment works (via Outfall 001) into the South Toe River, a Class C-Trout water in the French Broad River Basin, at the location specified on the attached map. Page 2 of 7 Permit NCO087891 Part 1. A. (1) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS [15A NCAC 02B .0400 et seq., 02B .0500 et seq.] Beginning on the effective date of this permit and lasting until expiration, the Permittee is authorized to discharge treated wastewater through a diffuser from Outfall 001. Such discharges shall be limited and monitored'by the Permittee as specified below: EFFLUENT LIMITS MONITORING REQUIREMENTS EFFLUENT CHARACTERISTICS Monthly Weekly Measurement Sam le Sam le Parameter Codes F? p Average Average Frequency Type Location 2 Flow 50050 0.125 MGD Continuous Recording I or E BOD, 5-day, 20°C s 30.0 mg/I 45.0 mg/I Weekly Composite E, I C0310 Total Suspended Solids 2 (TSS) 30.0 mg/I 45.0 mg/I Weekly Composite E, I C0530 Fecal Coliform (geometric mean) 31616 200/100 ml 4001100 ml Weekly Grab E pH Not<6.0 nor> 9:0 Grab Ekly 00400 standard units Wee . Temperature, °C 00010 Weekly Grab E NH3 as N, mg/I C0610 Weekly Composite E NH3 as N, mg/l 4,5(April 1 — October 31) Weekly Grab U, D C0610 NH3 as N, mg/I 4 (November 1 — March 31) 2/Month Grab U, D C0610 Dissolved Oxygen, mg/I(DO) 00300 Weekly Grab E Total Nitrogen, mg/I (TN)TN = (NO2-N + NO3-N) +TKN Semi-Annual Composite E C0600 Total Phosphorus, mg/I (TP) C0665 Semi-Annual Composite E Footnotes: 1. No later than 12/21/2016, begin submitting discharge monitoring reports electronically using the Division's eDMR application system [see A. (3)]. Page 3 of 7 Permit NC0087891 -2.--Sample-locations:-E—Effluent,-I=Influent,-U—25-feet-approximately-upstream- of diffuser, D- approximately 25 feet downstream of diffuser. 3. The monthly average effluent BOD5 and TSS concentrations shall not exceed 15% of the respective influent value(85%removal). 4. Samples shall be collected at approximately the same time, allowing for time to move between sample locations., 5. The Permittee may request reduced instream NH3-N summer (April 1 - October 31) monitoring to 2/Month after 2 full years, if downstream data shows instream ammonia levels are protective of mussels, or if the WWTP discharge shows no increase between upstream/downstream ammonia concentrations. If chlorine or a chlorine disinfectant derivative are used then a Total Chlorine Residual limit of 28 µg/1 limit shall go into effect. The Asheville Regional Office/Surface Water Protection must be contacted during normal business hours and alerted when chlorine or a chlorine disinfectant derivative are used. There shall be no discharge of floating solids or visible foam in other than trace amounts. Page 4 of 7 Permit NCO087891 A. (2) AMMONIA REOPENER [G.S. 143-215.1(b)] The Division may re-open and modify this permit if required in the event that the Division: o Adopts new freshwater quality standards for ammonia. o Develops a site-specific management strategy pursuant to T15A NCAC 2B .0110 in order to protect endangered or threatened aquatic species in the receiving water. If instream monitoring indicates ammonia concentrations are above protective concentrations for mussels and the WWTP is identified as the cause, the Permittee will be required to evaluate options to reduce effluent ammonia concentrations (including outfall redesign), and report to the Division within 120 days of notification by the Division. A. (3) ELECTRONIC REPORTING OF DISCHARGE MONITORING REPORTS [G.S. 143-215.1(b)] Federal regulations require electronic submittal of all discharge monitoring reports (DMRs)and program reports and specify that,if a state does not establish a system to receive such submittals, then permittees must submit monitoring data and reports electronically to the Environmental Protection Agency(EPA). The final NPDES Electronic Reporting Rule was adopted and 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.)and Section E. (5) (a)1 Effective December 21, 2016,the permittee shall report discharge monitoring data electronically using the NC DWR's Electronic Discharge Monitoring Report(eDMR)internet application. Monitoring results obtained during the previous month(s) shall be summarized for each month and submitted electronically using eDMR. The eDMR system allows permitted facilities to enter monitoring data and submit DMRs electronically using the internet. Until such time that the state's eDMR application is compliant with EPA's Cross-Media Electronic Reporting Regulation (CROMERR),permittees will be required to submit all discharge monitoring data to the state electronically using eDMR and will be required to complete the eDMR submission by printing, signing, and submitting one signed original and a copy of the computer printed eDMR to the following address: NC DENR/Division of Water Resources/Water Quality Permitting Section ATTENTION: Central Files 1617 Mail Service Center Raleigh,North Carolina 27699-1617 Page 5 of 7 Permit NCO087891 a permitte-e-i le 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. 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://portal.nedenr.org/web/wq/admin/bog/ipu/edmr _ 3. Signatory Requirements [Supplements Section B. (11.) (b)and Supersedes Section B. (11.) (d)1 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. (I 1.)(b). A person, and not a position,must be delegated signatory authority for eDMR reporting purposes. Page 6 of 7 J Permit NC0087891 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://portal.ncdeiu.org/web/wcl/admin/bog/ipu/edmr Certification. Any person submitting an electronic DMR using the state's eDMR system 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 of fines and imprisonment for knowing violations." 4. 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 maybe extended by request of the Director at anytime [40 CFR 122.41]. Page 7 of 7 NZA � � 1,I��.\. E6, � - ro ,,�. � '✓� r� ""°':«:_ !-"� "1.. '=;;,ham �r, f � ",� ��.°� r ��r.•�i*� �".J' �?�^y,�'tt� r�`"'.(! , y , !«lkr .� +fit r w,.Y d•`� � � •»�"��,��, t�yy`I'T�'� ,,+ `f 1 r•. �s� - �„��f�ire '�`.....t '{t ,;fT I},'��,,, N 1 ,a .�;.;_ ��,�• y(�///,,,aaarrr1 .+ ! �' "�+�y'�� t•� srx �:,,r"",...'+,� ��,.�.•i �,.� /�'�1, �;;,;' �3Head works t . 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"��(�,�w..� + � •r' 1" ,f M ,�` �� f���.�14:°73�t4x�� 3k�T� •�'�t1 '� i. 4� ti,., ;'�" ����_ � t 's� "- t�` ,:.� � ���,, !�n,r ,•.tip• r A' ► ass z � rjtft'= ; �'3 ��:e •,ii� �'"' 'S... `+r` i "'' ^�a, `��� a .� rT`"�++y�� C 5« ► � ,� ���tz4 # *°�� .�ilxi� ¢;Sx?iy �•:�":;;�..�� ;.��`"'�r � � �» ��•I'� ! � .rt'r,.l S Af, air Y`�-r\L.> ��5*,�"..�,d'' f. -", �,y�/f� r�i'. ^,'�.•/ �»� �}i? �6x!ty� �.. � �r�� ...�•��#fj�,f.P�. .i �«. ~ `�„«, y.,f r� ' *�� =� it � f Ikyr, �� .. �. .. "5'._ �� � .r+�}'rid`J ':'ti� ���4.,^'*...-,�.«�F• 3 '�"1�t`� f �� USGS Quad: D10NW Micaville,NC f , Outfall Facility '' Latitude: 350 55` 8.8"N 350 55` 6"N Longitude: 820 12'26.2"W 820 12'29"W Stream Class: C, Trout North' Facility Location Subbasin: 04-03-06 HUC: 06010108 South Toe River WWTP NCO087891 Receiving Stream: South Toe River Yancey Coup pivlsl l of Vdater Resources PAT MCCRORY .� 9 2016 MAY 1 cove,,,or DONALD R. VAN DER VAART Nrpt.�r nit,91lty RacllOnal operations, 3ec•etay Water Resources Rc Sian:i U`"' S. JAY ZIMMERMAN ENVIRONMENTAL QUALITY Director April 22,2016 Mr.Nathan Bennett County Manager Yancey County Court House 100 Town Square,Room 11 Burnsville_,NC 28714 Subject: Issuance of NPDES Permit NCO087891 South Toe River WWTP Yancey County Dear Mr. Rogers: Division personnel have reviewed and approved your application for renewal of the subject permit. Accordingly,we are forwarding the attached NPDES discharge permit. This permit is issued pursuant to the requirements of North Carolina General Statute 143-215.1 and the Memorandum of Agreement between North Carolina and the U.S.Environmental Protection Agency dated October 15,2007(or as subsequently amended). This final permit includes no major changes from the draft permit sent to you on March 8,2016. If any parts,measurement frequencies or sampling requirements contained in this permit are unacceptable to you,you have the right to an adjudicatory healing 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 Sonia Gregory at telephone number(919) 807-6333. inc er ly, z/ S.Jay Zimmerman,P.G.,Director Division of Water Resources cc: Central Files Asheville Regional Office NPDES Unit State of North Carolina Environmental Quality I Water Resources 1617 Mail service Center I Raleigh,North Carolina 27699-1617 919 807 6300 'Permit NC0087891 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY DIVISION OF WATER RESOURCES 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,the East Yancey Water & Sewer District is hereby authorized to discharge wastewater from a facility located at the South Toe River WWTP Wyatt Town Road Micaville Yancey County to receiving waters designated as South Toe River in subbasin 04-03-06 of the French Broad River Basin in accordance with effluent limitations,monitoring requirements, and other conditions set forth in Parts I, II, III, and IV hereof. The permit shall become effective June 1, 2016. This permit and the authorization to discharge shall expire at midnight on February 28, 2021. Signed this day April 22, 2016. "Dn;irrectorz---- isionS. immerman,P. .,of Water Resources By Authority of the Environmental Management Commission Page 1 of 7 Permit NCO087891 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. East Yancey Water & Sewer District is hereby authorized to: 1. Construct and operate a 0.125 MGD wastewater treatment plant that includes the following components: - Bar screen - Influent composite sampler - Two (2) 115,000 gallon Sequencing Batch Reactors (SBR) systems - One (1) 26,000 gallon post equalization basin - Two (2)tertiary filter systems - UV disinfection system - Effluent flow meter with recorder - Effluent composite sampler - 12 port diffuser system - One (1) 63,000 gallon digester - Sludge truck load out station - Stand by generator located at the South Toe River WWTP on Wyatt Town Road, Micaville, Yancey County, and; 2. Discharge from said treatment works (via Outfall 001) into the South Toe River, a Class C-Trout water in the French Broad River Basin, at the location specified on the attached map. Page 2 of 7 Permit NCO087891 Part 1. A. (1) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS [15A NCAC 02B .0400 et seq., 02B .0500 et seq.] Beginning on the effective date o$ g f this permit and lasting until expiration, the Permittee is authorized to discharge treated wastewater through a diffuser from Outfall 001. Such discharges shall be limited and monitored'by the Permittee as specified below: EFFLUENT LIMITS MONITORING REQUIREMENTS EFFLUENT CHARACTERISTICS Monh'yParameter Codes Weekly Measurement Sample, Sample Average Average Frequency Type Location z Flow 50050 0.125 MGD Continuous Recording I or E BOD, 5-day, 200C 3 C0310 30.0 mgh 45.0 mg/1 Weekly Composite E, I Total Suspended Solids z (TSS) " 30.0 mg/I 45.0 mg/I Weekly Composite E, I C0530 Fecal Coliform (geometric mean) 31616 200/100 ml 400/100 ml Weekly Grab E pH Not<6.0 nor> 9.0 00400 standard units Weekly Grab E . Temperature, °C 60010 Weekly Grab E NH3 as N, mg/I C0610 Weekly Composite E NH3 as N, mg/14,5(April 1 — October 31) Weekly Grab U, D C0610 NH3 as N, mg/I 4 (November 1 — March 31) 2/Month Grab U, D C0610 Dissolved Oxygen, mg/I (DO) 00300 Weekly Grab E Total Nitrogen, mg/I (TN) TN = (NO2-N + NO3-N) +TKN Semi-Annual Composite E C0600 Total Phosphorus, mg/I (TP) C0665 Semi-Annual Composite E Footnotes: 1. No later than 12/21/2016, begin submitting discharge monitoring reports electronically using the Division's eDMR application system [see A. (3)]. Page 3 of 7 Permit NC0087891 — - 2.—Sample—locations=E-Effluent,—I--Influent,—U-25—feet approximately—upstream of diffuser,—D- - — approximately 25 feet downstream of diffuser. 3. The monthly average effluent BOD5 and TSS concentrations shall not exceed 15% of the respective influent value (85%removal). 4. Samples. shall be collected at approximately the same time, allowing for time to move between sample locations. 5. The Permittee may request reduced instream NH3-N summer (April 1 — October 31) monitoring to 2/Month, m after 2 full,years, if downstream data shows instrea ammonia levels are protective of mussels, or if the WWTP discharge shows no increase between upstream/downstream ammonia concentrations. If chlorine or a chlorine disinfectant derivative are used then a Total Chlorine Residual limit of 28 µg/l limit shall go into effect. The Asheville Regional Office/Surface Water Protection must be contacted during normal business hours and alerted when chlorine or a chlorine disinfectant derivative are used. There shall be no discharge of floating solids or visible foam in other than trace amounts. Page 4 of 7 i Permit NCO087891 A. (2) AMMONIA REOPENER [G.S. 143-215.1(b)] The Division may re-open and modify this permit if required in the event that the Division: o Adopts new freshwater quality standards for ammonia. o Develops a site-specific management strategy pursuant to T15A NCAC 2B .0110 in order to protect endangered or threatened aquatic species in the receiving water. If instream monitoring indicates ammonia concentrations are above protective concentrations for mussels and the WWTP is identified as the cause, the Permittee will be required to evaluate options to reduce effluent ammonia concentrations (including outfall redesign), and report to the Division within 120 days of notification by the Division. A. (3) ELECTRONIC REPORTING OF DISCHARGE MONITORING REPORTS [G.S. 143-215.1(b)] Federal regulations require electronic submittal of all discharge monitoring reports (DMRs) and program reports and specify that, if a state does not establish a system to receive such submittals, then permittees must.submit monitoring data and reports electronically to the Environmental Protection Agency(EPA). The final NPDES Electronic Reporting Rule was adopted and 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. ReportinLy Requirements (Supersedes Section D.(2)and Section E. (5) (a)] Effective December 21, 2016, the permittee shall report discharge monitoring data electronically using the NC DWR's Electronic Discharge Monitoring Report(eDMR) internet application. Monitoring results obtained during the previous month(s) shall be summarized for each month and submitted electronically using eDMR. The eDMR system allows permitted facilities to enter monitoring data and submit DMRs electronically using the internet. Until such time that the state's eDMR application is compliant with EPA's Cross-Media Electronic Reporting Regulation (CROMERR),permittees will be required to submit all discharge monitoring data to the state electronically using eDMR and will be required to complete the eDMR submission by printing, signing, and submitting one signed original and a copy of the computer printed eDMR to the following address: NC DENR/Division of Water Resources/Water Quality Permitting Section ATTENTION: Central Files 1617 Mail Service Center Raleigh,North Carolina 27699-1617 Page 5 of 7 Permit NCO087891 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. 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://portal.ncdenr.org/web/w 3. Signatory Requirements [Supplements Section B. (11.) (b) and Supersedes Section B.(11.) (d)1 All eDMRs submitted to the permit issuing authority shall be signed by a person described in Part II, Section B. (1 l.)(a) or by a duly authorized representative of that person as described in Part II, Section B. (I 1.)(b). A person, and not a position,must be delegated signatory authority for eDMR reporting purposes. Page 6 of 7 Permit NCO087891 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://portal.ncdenr.org/web/wd/admin/bog/i u/p edmr Certification. Any person submitting an electronic DMR using the state's eDMR system shall make the following certification [40 CFR 122.22]. NO OTHER STATEMENTS OF CERTIFICATION WILL BE ACCEPTED: V certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for knowing violations." 4. Records Retention (Supplements Section D. (6)1 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 7 of 7 R 'e„L'+w..`+����+ r.. �L� �V}yt��{�� � - `�� 'E,"✓'X�'` L'� w ��^'� J `�''�y �.�� �'''�"*w,..ry,f���,,. J,�/�_ � t'�..� +. � • ;..�,�� r, i .ter_. � t .. ,.+�°�,� ` .f�`W,,� "`., '_,``,� ¢�.i o �, �:�•- � ' ,why `� ��� � I It. / "�l� +�'�..�]"! �'��`L i 1� �t� •µkw`• � � � �w ' *d p� ^� ��� � i.] iiw �P• E. '""i M4�r.*" r. �`..,� "� w .y '^...� '�...,h INN, ., . � Headworks ..r, Downstream sample J '` •. ° -',:� Mate Road 1307 / 6 ' � ; , " ��- N1. `�°�'�.•'��-+'+�`�'.�,�`r ••4 ..r';::�'�•,.�,,,:.. ,ti,4',r .�..,:�f :v \• W1 x �' � �lw � '�'r�J�ff�).+�� `}'.,pL�eJ�r v �...r M � �F,���t �(�*{ :;'�.«�",. iP _. 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J.; yr,. ♦ ,y.w. .' _-, %. .r.� `•� 1 7 1 �"":NA1y ���� L�i{ �j�...,,,, • � ,,1:^>�^'�6' � ��i/1t �":-�,rr/ ,•fl�`4�� `! t.' ...y(}o,,ca , r..w r Y R,r. t.., „Yu" k "ry, ,f'' ,✓.y-'. � r.�k ,��•Y{rA. -� ,,,,dJ` f j[(}fd - s,� 1 .,,. �r }, y+r`,;�.� w+�ia... 6 1 �#�t! � I F�� r ��. �:.� ��• P,� :��1 ,�f�r�aJ�p-.[� USGS Quad: D 10NW Micaville, NC f Outfall Facility Latitude: 35' 55` 8.8"N 350 55` 655` 6"N Longitude: 820 12'26.2" W 820 12'29"W Stream Class: C, Trout North Facility Location Subbasin: 04-03-06 HUC: 06010108 South Toe River WWTP NCO087891 Receiving Stream: South ToQ 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 Dav 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 Standard Conditions Page 2 of 18 —(4)-Constant time/constant volume:a-ser-ies-of-grab-samples-of-equal volume-collected-over-a_2--4-hour_period_at a constant time interval. Use of this method requires prior approval by the Director. This method may only be used in situations where effluent flow rates vary less than 15 percent.The following restrictions also apply: ➢ Influent and effluent grab samples shall be of equal size and of no less than 100 milliliters ➢ Influent samples shall not be collected more than once per hour. ➢ Permittees with wastewater treatment systems whose detention time<24 hours shall collect effluent grab samples at intervals of no greater than 20 minutes apart during any 24-hour period. ➢ Permittees with wastewater treatment systems whose detention time exceeds 24 hours shall collect effluent grab samples at least every six hours;there must be a minimum of four samples during a 24-hour sampling period. Continuous flow measurement Flow monitoring that occurs without interruption throughout the operating hours of the facility. Flow shall be monitored continually except for the infrequent times when there may be no flow or for infrequent maintenance activities on the flow device. Daily Discharge The discharge of a pollutant measured during a calendar day or any 24-hour period that reasonably represents the calendar day for purposes of sampling. For pollutants measured in units of mass,the"daily discharge" is calculated as the total mass of the pollutant discharged over the day. For pollutants expressed in other units of measurement,the "daily discharge"is calculated as the average measurement of the pollutant over the day. (40 CFR 122.2; see also "Composite Sample,"above.) Daily Maximum The highest"daily discharge"during the calendar month. Daily SMling 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 Hazardous Substance Any substance designated under 40 CFR Part 116 pursuant to Section 311 of the CWA. Instantaneous flow measurement The flow measured during the minimum time required for the flow measuring device or method to produce a result in that instance. To the extent practical,instantaneous flow measurements coincide with the collection of any grab samples required for the same sampling period so that together the samples and flow are representative of the discharge during that sampling period. Monthly Average(concentration limit) The arithmetic mean of all"daily discharges"of a pollutant measured during the calendar month.In the case of fecal 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 pro>l a 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 i i NPDES Permit Standard Conditions Page 4 of 18 f imprisonment of not more than 1 year,or of . In�ie case of a second or subsequentconviction fora 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 i Page 5 of 18 7. Severability The provisions of this permit are severable.If any provision of this permit,or the application of any provision of this permit to any circumstances,is held invalid,the application of such provision to other circumstances,and the remainder of this permit,shall not be affected thereby[NCGS 15013-23]. 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. Si ng atoty 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 1110912011.1 NPDES Permit Standard Conditions _ Page 6 of 18 --- c.---C-hanges to-authorization:I-f-an-authorization-under-paragr-aph-(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 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 orpersons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete.I am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for knowing violations." 12. Permit Actions This permit maybe modified,revoked and reissued, or terminated for cause. The filing of a request by the Permittee for a permit modification,revocation and reissuance,or termination,or a notification of planned changes or anticipated noncompliance does not stay any permit condition[40 CFR 122.41(f)]. j13. 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 e NPDES Permit Standard Conditions Page 7 of 18 (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 1110912011.1 NPDES Permit Standard Conditions Page 8 of 18 -— (3)The Permitting Au oritymay approve an an icipated 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.B.2. of this permit. c. Burden of proof[40 CFR 122.41(n)(4)1: The Permittee seeking to establish the occurrence of an upset has the burden of proof in any enforcement proceeding. 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 122.41(j)]. 2. Reporting Monitoring results obtained during the previous month(s)shall be summarized for each month and reported on a monthly Discharge Monitoring Report(DMR)Form(MR 1, 1.1,2,3)or alternative forms approved by the Director,postmarked no later than the last calendar day of the month following the completed reporting period. The first DMR is due on the last day of the month following the issuance of the permit or in the case of a new facility,on the last day of the month following the commencement of discharge.Duplicate signed copies of these, and all other reports required herein,shall be submitted to the following address: 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.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 u+ 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 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 Standard Conditions Page 10 of 18 Y -- 7Recording=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 Entey 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 1110912011.1 NPDES Permit Standard Conditions Page 11 of 18 5. Monitoring Reports Monitoring results shall be reported at the intervals specified elsewhere in this permit[40 CFR 122.41(1)(4)]. a. Monitoring results must be reported on a Discharge Monitoring Report(DMR)(See Part 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 Noncom liU ance The Permittee shall report all instances of noncompliance not reported under Part H.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)]. 0 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 NPDES Permit Standard Conditions Page 12 of 18 -- +I—. Penalties-for-Falsification-of-Report --- -- --- - --- The CWA provides that any person who knowingly makes any false statement,representation,or certification in any record or other document submitted or required to be maintained under this permit,including monitoring reports or reports of compliance or noncompliance shall,upon conviction,be punished by a fine of not more than $25,000 per violation,or by imprisonment for not more than two years per violation,or by both [40 CFR 122.41]. 12. Annual Performance Reports Permittees who own or operate facilities that 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 Permittee must notify the Division at least 90 days prior to the closure of any wastewater treatment system covered by this permit. The Division may require specific measures during deactivation of the system to prevent adverse impacts to waters of the State. This permit cannot be rescinded while any activities requiring this permit continue at the permitted facility. Version 1110912011.1 NPDES Permit Standard Conditions Page 14 of 18 --- PART—I V 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. [I5A 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)]: 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 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 r„ NPDES Permit Standard Conditions Page 15 of 18 i All POTWs must provide adequate notice to the Director of the following[40 CFR 122.42(b)]: 1. Any new introduction of pollutants into the POTW from an indirect discharger,regardless of the means of transport,which would be subject to section 301 or 306 of CWA if it were directly discharging those pollutants; and 2. Any substantial change in the volume or character of pollutants being introduced by an indirect discharger as influent to that POTW at the time of issuance of the permit. 3. For purposes of this paragraph,adequate notice shall include information on(1)the quality and quantity of effluent introduced into the POTW,and(2)any anticipated impact that may result from the change of the quantity or quality of effluent to be discharged from the POTW. Section C. Municipal Control of Pollutants from Industrial Users. 1. Effluent limitations are listed in Part I of this permit. Other pollutants attributable to inputs from Industrial Users discharging to the POTW may be present in the Permittee's discharge.At such time as sufficient information becomes available to establish limitations for such pollutants,this permit may be revised to specify effluent limitations for any or all of such other pollutants in accordance with best practicable technology or water quality standards. 2. Prohibited Discharges a. The Permittee shall develop and enforce their Pretreatment Program to implement the prohibition against the introduction of pollutants or discharges into the waste treatment system or waste collection system which cause or contribute to Pass Through or Interference as defined in 15A NCAC 02H.0900 and 40 CFR 403. [40 CFR 403.5(a)(1)] b. The Permittee shall develop and enforce their Pretreatment Program to implement the prohibitions against the 4 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 i NPDES Permit Standard Conditions Page 16 of 18 -- 3--With regard t he effluent requirements listed-m Part I ofthis permit,itm-,iy be necessary for-thy 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. [I 5A NCAC 02H.0903(b)(32), .0905 and.0906(b)(1);40 CFR 403.8(f)(1)and 403.9(b)(1)and(2)] 2. Industrial Waste Survey(IWS) The Permittee shall implement an IWS consisting of the survey of users of the POTW collection system or treatment plant,as required by 40 CFR 403.8(f)(2)(i-iii)and 15A NCAC 02H.0905 [also 40 CFR 122.440)(1)], including identification of all Industrial Users that may have an impact on the POTW and the character and amount of pollutants contributed to the POTW by these Industrial Users and identification of those Industrial Users meeting the definition of SIU.Where the Permittee accepts wastewater from one or more satellite POTWs,the IWS for the Permittee shall address all satellite POTW services areas,unless the pretreatment program in those satellite service areas is administered by a separate Permittee with an approved Pretreatment Program. The Permittee shall submit a summary of its IWS activities to the Division at least once every five years,and as required by the Division.The IWS submission shall include a summary of any investigations conducted under paragraph C.2.c. of this Part. [15A NCAC 02H .0903(b)(13), .0905 and.0906(b)(2);40 CFR 403.8(f)(2)and 403.9] 3. Monitoring Plan The Permittee shall implement a Division-approved Monitoring Plan for the collection of facility specific data to be used in a wastewater treatment plant Headworks Analysis(HWA)for the development of specific pretreatment local limits.Effluent data from the Plan shall be reported on the DMRs(as required by Parts II.D and II.E.5.). [15A NCAC 02H .0903(b)(16), .0906(b)(3)and.0905] 4. Headworks Analysis(HWA)and Local Limits The Permittee shall obtain Division approval of a HWA at least once every five years,and as required by the Division.Within 180 days of the effective date of this permit(or any subsequent permit modification)the Permittee shall submit to the Division a written technical evaluation of the need to revise local limits(i.e., an updated HWA or documentation of why one is not needed) [40 CFR 122.44]. The Permittee shall develop,in accordance with 40 CFR 403.5(c)and 15A NCAC 02H.0909, specific Local Limits to implement the prohibitions listed in 40 CFR 403.5(a)and(b)and 15A NCAC 02H.0909.Pursuant to 40 CFR 403.5,local limits are Version 1110912011.1 NPDES Permit Standard Conditions Page 17 of 18 enforceable Pretreatment Standards as defined by 40 CFR 403.3(1). [15A NCAC 02H.0903(b)(10),.0905, and .0906(b)(4)] 5. Industrial User Pretreatment Permits(IUP)&Allocation Tables In accordance with NCGS 143-215.1,the Permittee shall issue to all Significant Industrial Users,permits for operation of pretreatment equipment and discharge to the Permittee's 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: f 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 4 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] 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 Standard Conditions _ Page 18 of 18 -- ---- NC-DENR/-Di7visieni of Water Resources/-Water Quality PermittingSection- Pretreatment,Emergency Response,and Collection Systems(PERCS)Unit 1617 Mail Service Center Raleigh,North Carolina 27699-1617 These reports shall be submitted by March I of each year and shall contain the following: a. Narrative A narrative summary detailing actions taken,or proposed,by the Permittee to correct significant non- compliance and to ensure compliance with pretreatment requirements; b. Pretreatment Program Summary(PPS) A pretreatment program summary(PPS)on forms or in a format provided by the Division; c. Significant Non-Compliance Report(SNCR) A list of Industrial Users(IUs)in significant noncompliance(SNC)with pretreatment requirements,and the nature of the violations on forms or in a format provided by the Division; d. Industrial Data Summary Forms(IDSF) Monitoring data from samples collected by both the POTW and the Significant Industrial Users(SIUs).These analytical results must be reported on Industrial Data Summary Forms(IDSF)or on other forms or in a format provided by the Division; e. Other Information Copies of the POTW's allocation table,new or modified enforcement compliance schedules,public notice of IUs in SNC,a summary of data or other information related to significant noncompliance determinations for IUs that are not considered SIUs,and any other information,upon request,which in the opinion of the Director is needed to determine compliance with the pretreatment implementation requirements of this permit; 11. Public Notice The Permittee shall publish annually a list of Industrial Users(IUs)that were in significant noncompliance(SNC) as defined in the Permittee's Division-approved Sewer Use Ordinance with applicable pretreatment requirements and standards during the previous twelve month period.This list shall be published within four months of the applicable twelve-month period. [15A NCAC 02H.0903(b)(34), .0908(b)(5)and.0905 and 40 CFR 403.8(f)(2)(viii)] 12. Record Keeping The Permittee shall retain for a minimum of three years records of monitoring activities and results,along with support information including general records,water quality records,and records of industrial impact on the POTW and shall retain all other Pretreatment Program records as required by 15A NCAC 02H .0908(f). [15A NCAC 02H.0908(f);40 CFR 403.12(o)] 13. Pretreatment Program Resources The Permittee shall maintain adequate funding and qualified personnel to accomplish the objectives of its approved pretreatment program. and retain a written description of those current levels of inspection. [15A NCAC 02H .0906(b)(9)and(10)and.0905;40 CFR 403.8(f)(3),403.9(b)(3)] 14. Modification to Pretreatment Programs Modifications to the approved pretreatment program including but not limited to local limits modifications,POTW monitoring of their Significant Industrial Users(SIUs),and Monitoring Plan modifications,shall be considered a permit modification and shall be governed by 40 CFR 403.18, 15 NCAC 02H.0114 and 15A NCAC 02H.0907. Version 1110912011.1 i PAT MCCRORY Governor DONALD R. VAN DER VAART a Water Infrastructure s«,era,y ENVIRONMENTAL DUALITY -- F I H. 0LS0N Divisioh of YJafer Nesources Director January 26,2016 JAN 2 9 2016 Mr.Nathan Bennett,Manager East Yancey Water&Sewer District i \n/;itnr mmnlity Region i Operations 110 Town Square,Room 11 Burnsville,North Carolina 28714 SUBJECT: Interim inspection&progress meeting Yancey County Water& Sewer District East Side Sewer System Improvements Proj.No. E-SRG-T-05-0141 Dear Mr. Bennett: The North Carolina Division of Water Infrastructure.performed an interim inspection for the state funded project on Tuesday January 19,.2016. Progress meetings are generally conducted monthly throughout the duration of the project at Yancey County Courthouse at 10:00 a.m. on the 31 Thursday each month until project completion,however the Owner accommodated DWI's scheduling wishes by moving the January meeting to 2:00 p.m. in order to allow the writer to drive up on Tuesday instead of on the state holiday on Monday afternoon. DWI periodically attends these progress meetings and conducts an interim inspection. Today's inspection was conducted in conjunction with this monthly progress meeting and relevant comments are included herein. You should review this report and take appropriate action as indicated. The next meeting is tentatively scheduled for February 16,2016. You should maintain your project records for 3 years. If you have any questions or find errors or items herein with which you disagree,please contact the undersigned at(919)707-9185 or via e-mail at gerald.horton@ncdenr.gov. S' rely, Gerald W. Horton Project Engineer cc: R.L.Haynes—McGill Associates,Asheville Office Linda Wiggs,Chuck Cranford,DWQ Asheville Regional Office Mark Hubbard,PE,via email Anita Reed,PE, Gerald Horton CWSRF Nothing.Compares!"-k-I.— State of North Carolina I Environmental Quality I Water Inf a cture 1633 Mail Service Center,Raleigh,North Carolina 27699 1 Location 512 N.Salisbury Street,Raleigh,North Carolina 27604 East Yancey County eater and Sewer District Interim Inspection of East Side Sewer System Improvements January 19,2016 Project No. E-SRG T-05-0141 Page 2 of3 Jt tL ti Division of Water Infrastructure Inspection Checklist �p,1 I. Construction Site 1. Storage/prq S ion pf%fltpd materials adequate: Yes 1� No ❑ ❑ 2. Were any unsafe conditions&methods observed: Yes El No n/a❑ Note observations: !2a II. Construction Records A ® < 1. Documents reviewed: Shop Dwgs ❑, Submittal Log ❑, / # C/ L ri Engineer's Inspector's daily log/field notes y„�) ('�j��y I 2. Testing reports on file: Yes ❑ No ❑ n/a❑ �i . Types of Testing done: Concrete: Yes ❑- No ❑ n/a❑ Passed ❑ Soil: Yes ❑ No ❑ n/a❑ Passed ❑ Other: Yes No,❑ n/ Passed P Type: ,/q,� ,w ► 11, p r low, 3. As-Built drawings red-lined and up-to-date : Yes o ❑ Ip�y� ,�(� ,`,yam fl¢5w 4. Construction is consistent with plans and specifications: Yes ❑ No ❑ Note: III.Schedule 1. Project on-schedule: Yes/No ❑ 2. Any delays: Yes ❑ No ❑ C / Reason for delay: o Xt IV.Funding Status " 1. Progress of Construction,Degree comple on is consistent with reimbursements made to date. Yes ❑ N ❑ � Note: G '� r H 5 d1 G is 2. Contract is being paid: Yes ❑ �e �No ❑ Payment No.: G'1i5� p Nov' Note: 3. Owner su 'tted 1 test ay request: Yes ❑ No ❑ Reimbursement No.: im Note: .) f A` AAa et-;a( 6V of —�Gtl V. Federal Requirements 1. Davis Bacon poster and wages posted: Yes r n/ap g p 2. Certified payrolls checked: Yes ❑ No ❑ � Note: 3. Subcontractors certified payrolls match subcontractor list in ATA letter: Yes ❑ No ❑ n/a Note: 4. AIS certifications reviewed: Yes❑ No ❑ n/a % Note: 5. De Minimus: Yes❑ No ❑ n/a Note: I Nothing Compares'...._ State of North Carolina I Environmental Quality I Water Infrastructure '] 1633 Mail Service Center,Raleigh,North Carolina 27699 1 Location 512 N.Salisbury Street,Raleigh,North Carolina 27604 l i East Yancey County Water and Sewer District Interim Inspection of East Side Sewer System Improvements January 19,2016 Project No. E-SRG T-05-0141 Page 3 of 3 VI.Notes o Phase 1 Work is complete except for surface restoration(seeding, grading, etc.) o Phase 2 Work will be finished in next 3 to 5 weeks, depending on weather o Bore at US 19, for the record,took 1 week but yet to connect last 401n.-ft. and backfill o Weather has been poor for construction recently, summary of Work in last 2 weeks is installation of 1701n.ft. 12"dia. gravity sewer and 2 manholes (Stas. 60+02 &61+72) o Connecting the elementary school was extensively discussed as this connection may be possible in the next few weeks, according to Bryant's Land and Development Industries, Inc. (BLD) o For the record,the elementary school's septic tank disposal system failed in 2013 and while in operation it has been necessary to pump and haul the wastewater to a remote treatment facility. o * -Response requested Noting above comments,DWI requests an informal written plan be provided with necessary steps to make the school sewer connection to this"new"East Yancey Sewer District system. Specifically,the plan should, at a minimum, address startup sequencing, seeding the wastewater at the WWTP,who will start and operate the facility, what tasks (electrify pump station for example)must occur prior to introducing wastewater into the facility, and any other steps necessary along with who's responsibility each discrete task belongs to. Further, it is recommended that a"dry run"of startup be performed prior to introducing wastewater to the WWTP. o * - IMPORTANT—please notify the Asheville Regional office at(828)296-4500 and advise Ms. Linda Wiggs of the impending startup. We suggest you confirm the conversation with the Reginal office via an email and we request being copied of that notification. o Reimbursement requests from DWI were discussed, EYSD anticipates submitting a reimbursement request within the next 2 to 3 weeks. . o The Notice to Proceed was effective September 8, 2015 for a contract substantial completion date of June 4, 2016. o Engineer advised BLD it should not get too far ahead on exploratory rock drilling in Phase 3 because Engineer needs to make a budget assessment on how much money remains and how far those funds may go into Phase 3 Work. VII. Attendees Jamie McMahon Yancey County 828 682-3971 R.L.Haynes McGill&Assocs.,Project Mgr. 828 284-7804 C Alan Mackey McGill&Assocs.,Constr. Observer 828 273-4134 C Ms. Kelly Thomas Bryant's Land&Development Industries,Inc. 828 678-9966 ofc. Kenny Goodson Bryant's Land&Development, Supt. 828 678-0966 ofc. Gerald Horton NC DWI 919 707-9185 (ofc) Nothing Compares_ State of North Carolina I Environmental Quality I Water Infrastructure 1633 Mail Service Center,Raleigh,North Carolina 27699 1 Location 512 N.Salisbury Street,Raleigh,North Carolina 27604 .,h PAT MCCRORY Governor DONALD R. VAN DER VAART Water Infrastructure SeCiC1-11:1., ENVIRONMENTAL QUALITY KIM H. COLSON Director November 20, 2015 Mr.Nathan Bennett,Manager East Yancey Water&Sewer District 110 Town Square,Room 11 Burnsville,North Carolina 28714 SUBJECT: Interim inspection&progress meeting Yancey County Water& Sewer District East Side Sewer System Improvements Proj. No.E-SRG T-05-0141 Dear Mr. Bennett : The North Carolina Division of Water Infrastructure performed its second interim inspection for the state funded project on Tuesday November 17,2015. Progress meetings are generally conducted monthly throughout the duration of the project at Yancey County Courthouse at 10:00 a.m..on the 3rd Thursday each month until project completion. DWI will periodically attend these meetings and may conduct an inspection. Today's inspection was conducted in conjunction with this monthly progress meeting and relevant comments are included on the attachment. You should review the attached and take appropriate action as indicated. The next meeting is tentatively scheduled for January 19,2016 as no meeting is scheduled for December. You should review thisreport take actions or provide responses as indicated, and then file with your project records. You should maintain your project records for 3 years. If you have any questions or find errors or items herein with which you disagree,please contact the undersigned at (919) 707-9185 or via e-mail at gerald.horton@ncdenr.gov. S' cerely, Gerald W. Horton,PE Project Engineer cc: R.L.Haynes—McGill Associates Fi�C �V '�Chuck Cranford,�DWQ Asheville Regional Office Division of Water Resuurces Mark Hubbard, PE,Ken Pohlig, PE,Gerald Horton,via email CWSRF NOV 2 5 2015 Water ouaiity Rectlonal operations Asheville f!egiona!Offce� �^Imothing Compares_ - State of North Carolina I Environmental Quality i Water lnfrastmcture 1633 Mail Service Center,Raleigh,North Carolina 27699 1 Location 512 N.Salisbury Street,Raleigh,North Carolina 27604 East Yancey County' - ter and Sewer District �E - Interim Inspection of East Side Sewer System Improvements November 17,2015 Project No. E-SRG T-05-0141 Page 2 of 3 Division of Water Infrastructure Inspection Checklist I. Construction Site 1. Storage/protection of stored materials adequate: Yes❑ No ❑ n/a❑ y I 177 2. Were any unsafe conditions&methods observed: Yes ❑ No ❑ n/a❑ Note observations: H. Construction Records 1 1. Documents reviewed: Shop Dwgs ❑, Submittal Log ❑, 5 Ulf) Engineer's Inspector's daily log/field notes ❑AWI (r 2. Testing reports on file: Yes.0 No ❑ n/a❑ Types of Testing done: Concrete: Yes ❑ No ❑ n/a❑ Passed❑ Soil: Yes ❑ No ❑ n/a❑ Passed ❑ Other: Yes ❑ No ❑ n/a❑ Passed ❑ Type: 3. As-Built drawings red-lined and up-to-date : Yes ❑ No ❑ 4. Construction i consistent with plans and specifications: Yes ❑ No❑ woo III.Schedule 1. Project on-schedule: Yes tWo ❑ / 2. Any delays: Yes ❑ No ❑ Reason for delay: IV.Funding Status VNo 1. Progress of Construction is consistent with reimbur ments made to date. Yes ❑ Note: no 2. Contractor is being paid: Yes ❑ No ❑ Payjont No.: Note: 3. Owner submitted latest pay request: Yes ❑ No ❑ Reimbursement No.: Note: V. Federal Requirements 1. Davis Bacon poster and wages posted: Yes ❑ ❑ n/a 2. Certified payrolls checked: Yes ❑ No ❑ n/a Note: 3. -\SubcontActors certified payrolls match subcontractor list in ATA letter: Yes ❑ No ❑ n/a❑ te• 4. AI ertifications reviewed: Yes❑ No ❑ n/a❑ s No. ,.. ,f� 5. D Mi ' us: Yes[] No ❑ n/a❑ ote: i : t F �i�iothing Compares-'-"-."- State of North Carolina I Environmental Quality I Water lufrastmcture 1633 Mail Service Center,Raleigh,North Carolina 27699 1 Location 512 N.Salisbury Street,Raleigh,North Carolina 27604 Recipient: BURNSVILLE, SRF Project No: CS 370 642-02 CONSTRUCTION INSPECTION Description: SEWER COLLECTION SYSTEM IMPROVEMENTS &PROGRESS MEETING REPORT NC-DENR-DWQ-IFS, (Infrastructure Finance Section was formerly the Construction Grants and Loans Section,CG&L) STANDARD INSPECTION REPORT I.a. GENRAL COMMENTS: This is a SRF Project. DAVIS BACON REQUIREMENTS, DO APPLY: 1. Requirements are in the Contract. 2. They were discussed at Pre-Construction Conference at every Progress Meeting. 3. Forms were provided and reviewed, Yes Q 4a. CERTIFIED PAYROLLS, are to be dated weekly and submitted monthly. 4b. Certified Payrolls must be submitted by each Sub-Contractor. 4c. Interviews are not required as of 12/31/2012 5. Davis Bacon Wages and Poster are to be posted where employees can see them. 6. Forms will be reviewed monthly and at Project Completion, Yes Q 7. Documents must be kept for at least three years after the project is completed. Lb. PROJECT DESCRIPTION: BURNSVILLE SEWER COLLECTION SYSTEM IMPROVEMENTS: From the initial Approval of Plans and Specifications Description Eligible Replacement of approximately 312 linear feet of 10-inch gravity sewer, 6,259 linear feet of 8-inch gravity sewer; rehabilitation of approximately 1,382 linear feet of 10-inch gravity sewer, 3,532 linear feet of 8-inch gravity sewer by Cured In Place Pipe (CIPP); replacement of 46 4-foot diameter manholes; rehabilitation of 15 manholes; sewer point repairs; replacement of 92 sewer service laterals; removal and replacement of pavement, roadways, driveways and curbs, sedimentation and erosion control devices, and associated appurtenances necessary for the installation of a complete system within and up to the existing right-of-way. Non Eli ible, Any alternative item costs above the base bid. Any installation of sewer service laterals outside the right-of-way. Paving of roadways in excess of the excavated area. These Eligible Items described above are listed here: (see Contract Bid sheets) 1. 312 LF, 10-inch gravity sewer replacement 2. 6,259 LF, 8-inch gravity sewer replacement 3. 1,382 LF, 10-inch gravity sewer Rehab. 4. 3,532 LF 8-inch gravity sewer by Cured In Place Pipe(CIPP) 5. (46 MH) 4-foot diameter manholes replacement 6. (15 MH) Manhole Rehab. 7. _qty. Sewer point repairs 8. 92 laterals Sewer service laterals replacement Work includes Sections on the following streets 1. Azalea Street 2. North Main Street 3. Summit Street 4. East West Blvd. 5. Bennett Street 6. Dale Street 7. Pensacola Road 8. Love Fox Road 9. Pine Swamp Road 10. West Main Street 11. Swiss Street File name: Burnsville-SRF-02,STD-LTR INSP-RPT-2013-07.09:docx CONSTRUCTION INSPECTION & PROGRESS MEETING Report Page 2 of 6 Recipient: BURNSVILLE, SRF Project No: CS 370 642-02 CONSTRUCTION INSPECTION Description: SEWER COLLECTION SYSTEM IMPROVEMENTS &PROGRESS MEETING REPORT NC-DENR-DWQ-IFS, (Infrastructure Finance Section was formerly the Construction Grants and Loans Section,CG&L) STANDARD INSPECTION REPORT I.C. PROJECT FUNDING: SRF Project No. CS 370 643-02 Total SRF Funding is $ 1,521,236.00.00 Interest Rate is 2.00 % for 19 years. Principal Forgiveness is $ 760,618.00 Construction Scheduled to be completed on 5/13/2013, at which time interest will begin to accrue and repayments will be scheduled. Other Funding ? II.a. CONSTRUCTION PROGRESS: CAJENN CONSTRUCTION: 404 Billy Jacobs Road, Hoboken, GA, 31542 Atlanta, GA 30350 CONSTRUCTION: DAYS AND DATES: 10/15/2012, Start Date, (from Notice To Proceed, NTP) 201, NTP, Days to ubstm6al/FINAL Completion n/a NTP, Date of SubstantW Completion 5/13/2013, NTP, Date of Final Completion Delays and Reasons for delay Wet weather, Restrictions for woking in Trout Streams, Underground Fuel Storage Tank, conflicts with concrete culverts, redesign and re-alignment of Sewer Line. CHANGE ORDER SUMMARY: $ 1,521,236.00 Total Amount of SRF Loan $ 760,618.00 Principal Forgiveness $ 1,241,938.50 Original Contract w/CaJenn $ 1,241,938.50 Original Contract SRF Eligible Amt. 10/ 15/2012 NTP START DATE Days, Completion Total *Eligible Added Dates, FINAL Amounts Amounts Original Contract 210 5/13/2013 $ 1,241,938.50 $ 1,241,938.50 Change Order#1 0 $ 37,950.00 $ 37,950.00 Resulting 5/13/2013 $ 1,279,888.50 $ 1,279,888.50 Change Order#2 27 (-)$ 64,913.00 (-)$ 64,913.00 Resulting 6/9/2013 $ 1,214,975.50 $ 1,214,975.50 Change Order#3 5 $ 6,500.00 $ 6,500.00 Resulting 6/14/2013 $ 1,221,475.50 $ 1,221,475.50 Change Order#4 10 $ 0.00 $ 0.00 Resulting 6/24/2013 $ 1,221,475.50 $ 1,221,475.50 Current Values: 6/24/2013 $ 1,221,475.50 $ 1,221,475.50 *SRF Funding is limited to $ 1,521,236 File name: Burnsville-SRF-09.SID-1 12-INSP-R21-9013-07-09don nQk&-PRWDPQ..I N & PRE)GRE88 fvl E-mail: tom.poe @ ncdenr.gov Internet: httr):Hi)ortal.ncdenr.org/web/wa/cqls DATE: 7/9/2013, Report Page 3 of 6 Recipient: BURNSVILLE, SRF Project No: CS 370 642-02 CONSTRUCTION INSPECTION Description: SEWER COLLECTION SYSTEM IMPROVEMENTS &PROGRESS MEETING REPORT NC-DENR-DWQ-IFS, (Infrastructure Finance Section was formerly the Construction Grants and Loans Section,CG&L) STANDARD INSPECTION REPORT WORK COMPLETED, JUNE 2013 • See Engineer's Meeting Minutes • See Contractors Report • See Photographs 1. All Pipe work, except Azalea Street 2. MH Rehab work completed, 26 MH have been done. 2. Asphalt pavement 95%, patching, paving, re-grading, driveways along entire project. 3. General Clean-up of entire project area, re-grading, seeding, straw, on easements, and shoulders of roadways. 4. North Main Street, (Sheet C-104, near park and swimming pool) Completed Pipe Bursting and sidewalk repair/replacement 5. Summit Street, (Sheet C-105), Connected(9) all sewer service laterals WORK PLANNED, JULY 2013 • See attached Construction notes from Engineer 1. Complete all Asphalt restoration 2. Final finishing and punch list items on MH 3. Azalea Street work, IF Plans are approved. ACTION ITEMS: • Finalize plans, permit, encroachment for re-aligned section of sewer on Azalea Street • CaJenn to price revised work on Azalea Street • Based on costs to complete Azalea Street sewer, prioritize work on other sewer lines using remaining funds. • Get Pricing for MH invert restoration. (MH rehabilitation did not include rebuilding the inverts) SCHEDULED MILESTONES: • Final Walk Through and inspection. • Substantial Completion • Final Adjusting Change Order • Final Completion III. SITE INSPECTION: COMMENTS: • FIELD CHECKLIST is attached • SUBMITALS: RFPs, RFIs, Shop Drawings, As-Builts Schedule of Values to be submitted with each Payment Request Engineer's Daily Field notes checked and filed Testing according to Permits, Plans, and Specifications, checked and on file The Contractor, Owner and Engineer are reminded that copies of all Project documentation must kept on file for three years after Project is completed. • DAVIS BACON, is applicable and documents are in files. FIELD CHECKLIST: (see attached green checklist completed in field ) A. Site Conditions:Good, B. Storage and protection of stored materials adequate?........................... Yes Q No ❑ n/a ❑ File name: Burnsville-SRF-02.STD-LTR-INSP-RPT-2013-07-09.dorx rnNCTai irnnni inrq� r �t�vk F#�3�sFS&MEiTY E-mail: tom.poe @ ncdenr.gov Internet: http://portal ncdenr ora/web/wa/cgls DATE: 7/9/2013, Report Page 4 of 6 Recipient: BURNSVILLE, SRF Project No: CS 370 642-02 CONSTRUCTION INSPECTION Description: SEWER COLLECTION SYSTEM IMPROVEMENTS &PROGRESS MEETING REPORT NC-DENR-DWQ-IFS, (Infrastructure Finance Section was formerly the Construction Grants and Loans Section,CG&L) STANDARD INSPECTION REPORT C. Safe conditions and methods observed?............................................... Yes Z No ❑ n/a ❑ OSHA Poster and Labor Laws posted? YES,Note unsafe observations: NONE Notices posted at Job site,Posters and notices photographed? ........... Yes Q D. Were unsafe conditions noted by inspector owner or contractor?........ Yes ❑ No Q n/a ❑ If Unsafe Conditions noted,discuss with Owner,Contractor,&Engineer,report,&/or photos attached. E. Inspectors records,reports,shop drawings,files, etc. were reviewed? Yes ❑ No Q n/a ❑ F. Required Testing done?,Yes Q Results Reviewed?...................... Yes ❑ No ❑ n/a ❑ Concrete: Yes ❑ No ❑ n/a ❑ Soil: Yes ❑ No ❑ n/a ❑ Other, What kind of testing? Copies of test results part of Job Records to be kept on file by owner. G. As-built drawings are being kept up to date?....................................... Yes Q No ❑ By whom? Both Contractor and Engineer update the As-built Dwgs.in the Field. H. SCHEDULE: Up to date? Copy posted and/or provided?................. Yes No ❑ I. DELAYS: Any know delays in completing contract on time?............ Yes Q No ❑ Redesign,Re-alignment,and Re-permitting of section on Azalea Street cause of Delay. J. WORK ACCEPTIBLE for reimbursement?......................................... Yes Q No ❑ IV. DISBURSEMENTS: Notes, Contact Leslie Rogers or Mark Hubbard with any questions Payment, Disbursement Disbursement Cumulative No. * Date Amount Amount % 1 1/15/2013 $ 388,948 $ 388,948 25.6% 2 3/18/2013 $ 86,861 $ 475,809 31.3% 3 4/4/2013 $ 74,716 $ 550,525 36.2% 4 5/29/2013 $ 222,643 $ 773,168 50.8% 5 6 Total Disbursed $ 773,168 -- Total Loan Amount $ 1,521,236 Remaining Balance $ 748,068 * Reimbursement Request#1, #2, and#3 were combined into#1 Placed in V.a. ATTACHMENTS: 0 ❑ ..........................Included...............SRF Files 1. Construction Inspection Check List......... Q (Z ...................... 2. Memo w/Photos...................................... ❑ ......................❑ 3. Attendance List........................................ ®`........................ Q 9 4. Eng. Progress Meeting Minutes............... ® ........................ Q 5a. Contractors Report, Work Completed &Planned.................... ❑ ........................ ❑ 5b. Contractors Schedule............................... ❑ ........................ ❑ 6. Davis-Bacon Items: (completed and/or photographed ❑Poster, ❑Interviews done, ❑Certified Payrolls 7. Change Order Summary.......................... ❑ ........................ ❑ 8. List of Sub-Contractors............................ ❑ ........................ ❑ File name: Burnsville-SRF-02,STD-LTR-INSP-RPT•2013-07-09.docx CONSTRU O E-mail: iom.poe 0 nccienr.gov n ernet: Ito: oorta.ncdenr.ora/web/wg/cgls DATE: 7/9/2013, Report Page 5 of 6 Recipient: . BURNSVILLE, SRF Project No: CS 370 642-02 CONSTRUCTION INSPECTION Description: SEWER COLLECTION SYSTEM IMPROVEMENTS &PROGRESS MEETING REPORT NC-DENR-DWQ-IFS, (Infrastructure Finance Section was formerly the Construction Grants and Loans Section,CG&L) STANDARD INSPECTION REPORT 9. Progress Meeting Date Log..................... ❑ ........................ ❑ 10. Photos....................................................... ❑ ........................ ❑ Computer Archive 11. Plan Sheets with, w/notes ....................... ❑ ........................ ❑ 12. Map(s)...................................................... ❑ ........................ ❑ 13. Other ? THESE ITEMS WERE DISCUSSED, copies have been previously provided. V.b. BLANK FORMS: If additional copies are needed, please call or e-mail. 14. Pre-Construction Information.................. 0........................ [J1 15. Construction Inspection Check List......... ........................ Q 16. Close-Out Checklist.................................. Q........................ L�J 17. Owners Certification of Completion,....... ❑✓ ........................ [� 18. Change Order Check List........................ [✓1........................ Q 19. Change Order Check List ........................ ........................ [ 20. Engineer's Meeting Minutes Outline....... Q........................ Q 21. SRF Reimbursement Form...................... ........................ Q 22. EPA Form 6100-2.................................... Q........................ Q 23. DAVIS BACON ITEMS: QGuidance QCertified Payroll Forms QPoster, QInterview Forms Placed in Vx. CLOSE-OUT DOCUMENTS....................Included...............SRF Files CLOSE-OUT CHECKLIST, signed &dated... ❑ ........................ ❑ 7a. Contractor's Consent of Surety................ ❑ .......... ❑ .............. 7b. Contractor's Release of Liens,................. ❑ ........................ ❑ 14. Owners Certification of Completion,....... ❑ ❑ 15. Engineer's Certification........................... ❑ ........................ ❑ 19. Davis Bacon, Certified Payrolls............... ❑ Certified Payrolls were visually observed in Owners files? Summary of Certified Payrolls prepared and provided? 20. EPA Form 6100-2, (completed, signed).. ❑ ........................ ❑ *As numbered on the Close-Out Checklist VI. ATTENDEES LIST: (attached to Engineer's Meeting Minutes) VII. COMMENTS: • CONSTRUCTION INSPCTION was conducted and site photographed • PROGRESS MEETING was attended and notes taken. • ENGINEER'S MEETING Minutes received and filed. • CHECKLIST discussed with Owner, Engineer and Contractor. • DAVIS BACON and SRF REQUIREMENTS were discussed and reviewed. Tom S. Poe (Meeting/Inspection date) Construction InspectorLNC-DWQ, IFS, (Infrastructure Finance Section) (formerly the Construction Grants and Loans Section) 919-707-9160 (main office), 919-616-4245 (cell), tom.poe@ncdenr.gov File name: Burnsville-SRF-02 STD-LTR-INSP-RPT- BG SS ME—I NG E-mail: tom.poe @ ncdenr.gov Internet: http://Portal.ncdenr.org/web/wq/cqls DATE: 7/9/2013, Report Page 6 of 6 TOWN OF BURNSVILLE INFILTRATION & INFLOW REMEDIATION PROJECT PROGRESS MEETING MINUTES Meeting Date: 7/9/2013 Contractor: CaJenn Construction and Rehabilitation Services,Inc. Contract Time: 252 Days Remaining: 0 Days A. WORK PERFORMED PAST MONTH • Manhole Rehabilitation work was completed. • 95% of asphalt pavement restoration work was completed. • Contractor completed pipe bursting work on the North Main Street Line, including sidewalk restoration. • Contractor connected all sewer service lines to the newly rehabilitated main sewer located along Summit Street. In total, nine(9)services were connected. •. Contractor performed surface restoration work along the entire project route. This included re-grading and seeding of private property, road shoulders and easement areas. B. SCHEDULED WORK(NEXT 30 DAYS) • George Torres said CaJenn Construction crews would perform the following work: a) Complete all work related to asphalt pavement restoration b) Surface restoration work along the route of the project. c) Final finishing of manholes. d) Installation of Azalea Street line if plans are approved. PA2011\1 1.00429\Construction\Progress Meeting\Progress Meeting Minutes 2013-7-9.doc Page 1 of 2 C. OTHER ITEMS OF DISCUSSION • George Torres with CaJenn Construction said that with the exception of Azalea Street, all pipe installation work has been completed.and the project is ready for a final inspection. R.L. Haynes asked George Torres to have Billy Jennings make contact for the purpose of scheduling the inspection. • The Azalea Street line revision was discussed. Vann Waters said he would finalize the plan,secure a modification of the existing NCDOT encroachment agreement and determine if NCDENR will require a permit for the revised alignment. R.L.Haynes said CaJenn Construction was provided a copy of the revised plans for pricing purposes, and as of today, pricing has not been received back from the Contractor. • Because the overall construction budget will under run,Anthony Hensley requested that remaining funds be utilized for additional sewer rehabilitation work. As the "Town" has previously identified sewer line sections in need of repair, Vann Waters will prepare plans for pricing purposes. Tom Poe asked that these plans, once finalized, be sent to Mark Hubbard,NCDENR-IFS for review and approval of funds. Tom Poe asked where the proposed additional work will take place. Anthony Hensley said existing sewer line segments located on the east side of town, near the"Shell Gas Station" and Longview Street, are in need of repair. • Regarding project funding, Tom Poe said the "Town" could apply for an additional 10% of the total project budget with minimal paper work. Mr. Poe said the Owner would need to make this request in writing to Mr. Mark Hubbard of NCDENR-IFS. • R.L.Haynes said with the exception of Azalea Street,all other work on the project was substantially complete as of July 4,2013. • Regarding the twenty six (26) manholes which have been rehabilitated as part of the project,R.L.Haynes said the Contractor has been asked to provide pricing for invert re-construction. • Next meeting will be held on August 13,2013 at 2:00 P.M. PA201 1\1 1.00429\Construction\Progress Meeting\Progress Meeting Minutes 2013-7-9.doc Page 2 of 2 East Yancey County Water and Sewer District Interim Inspection of East Side Sewer System Improvements November 17,2015 Project No. E-SRG T-05-0141 Page 3 of 3 VI.Notes o The Notice to Proceed was effective September 8,2015 for a contract substantial completion date of June 4,2016. o DWI attended the first progress meeting on October 20,2015 but did not prepare an inspection report. o At the October meeting Bryant's Land&Development Co. (BLD)asked if there were requirements or restrictions on changing subcontractors, specifically for paving.BLD has some pressing paving needs as the paving season will soon end and their paving subcontractor has been totally unresponsive. DWI checked on these restrictions and there are none as this is a wholly state funded project. An email was sent to McGill confirming the matter. o At Preconstruction meeting held on September 2,2015 Engineer emphasized that all stream creek crossing work be completed between September 2015 and December 2015. Status of that effort is as follows:Bryant's Land&Development Co. (BLD)is on schedule and should complete the work within Phase 2 in that window of time. o BLD noted they are encountering rock on Vulcan property,have lined up testing and pre-blast survey,and wish to blast this week or next. BLD indicated their blast consultant is out of Johnson City,TN. o Phase 1 is—98%complete except for minor punch list items and cleanup. o Phase 2 is nearing 90%completion with the following work yet remaining: o Construct 4 piers for stream crossing o Installation of 1700 LF of SS o Crossing US 19 near Station 62±,refer to drwg C-1 o BLD asked for guidance on disposing of creosote railroad ties,ie where,who's cost etc. o BLD asked to discuss Phase 3 stream crossing restrictions soon or at next meeting as they must begin planning that work. o BLD requested Engineer review all encroachments' status to see if there are any more unknowns or outstanding issues. DWI also suggested that McGill review the matter prior to the next meeting. o McGill requested proposal on pricing for restrained joint pipe,reference drwg. C-19. o It was agreed no meeting will be scheduled in December,hence the next progress meeting is anticipated to be January 19,2016. VII. Attendees Nathan Bennett E.Yancey Water&Sewer District,Director 828 682-3971 and County Manager Jamie McMahon Yancey County 828 682-3971 R.L.Haynes McGill&Assocs.,Project Mgr. 828 284-7804 C Alan Mackey McGill &Assocs.,Constr. Observer 828 273-4134 C Kelly Thomas Bryant's Land&Development 828 678-9966 ofc. Greg Bryant Bryant's Land&Development 828 678-9966 ofc. Mike Stabb Bryant's Land&Development,Supt. 828 678-9966 ofc. Gerald Horton,PE NC DWI 919 707-9185 (ofc) �Nothtng Corapares-'-%. State of North Carolina I Environmental Quality I Water Infrastructure 1633 Mail Service Center,Raleigh,North Carolina 27699 Location 512 N.Salisbury Street,Raleigh,North Carolina 27604 A 4IL �..� NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Pat McCrory Thomas A. ReederFR olaa kvarla III Governor Acting Director E�Vffoetary Inspection Date July 9, 2011 2 4 2013 Mr. Anthony Hensley, Director of Public WorksTown of Burnsvilleter Protection SectionP.O. Box 97 �. e Tonal Office Burnsville, North Carolina 28714 SUBJECT: Town of Burnsville Sewer Collection System Improvements SRF Project No CS 370 642-02 Permit No. WQ0035668. Engineer: McGill and Associates Contractor: CaJenn Construction 7/9/2013, CONSTRUCTION INSPECTION & PROGRESS MEETING REPORT Dear Mr. Hensley: Representing the Construction Inspection Group (CIG) of the NC-DWQ, Infrastructure Finance Section (formerly the Construction Grants and Loans Section) I conducted Construction Inspection and attended the Progress Meetings on 7/9/2013. This report covers both SRF loan administration and construction. Please note the following. • The SRF and Davis Bacon Requirements apply and were discussed. • The Current Completion date was 6/24/2013, but Changes are pending. The documentation requirements for these publically funded SRF projects are very important. Information about these requirements was provided and discussed at the Pre- Construction Conference. Davis Bacon Requirements and documentation will be reviewed at every Progress Meeting. Documentation is to be kept on file for at least three years after project completion for possible audits or review. If you have any questions or comments, please contact me at 919-733-6900, or at e-mail address (tom.poe@ncdenr.gov). Sincerely, Tom S. Poe, Construction Inspector tsp Attachments: Construction Inspection and Progress Meeting Report cc: RL Haynes, PE. McGill and Associates, P.A., 55 Broad Street, Asheville, NC 28801 SRF Files, PMB, CIG-Notebook, and DWQ Asheville Regional Office File name: Burnsville-SRF-02,STD-LTR-INS P-RPT-2013-07-09.docx NC-DENR-DWQ-IFS,(Infrastructure Finance Section,was formerly the Construction Grants and Loans Section) Mail Address: 1633 Mail Service Center,Raleigh NC 27699-1633 l�One orthCarolina Location: 512 N.Salisbury St.,8`h Floor,Raleigh,North Carolina 27604 Phone:919-707-9160,\ FAX:919-716-6229, Internet:httn•//portal ncdenr ora/web/wa/cals '� f �,a�® Cc Distribution: Original,Engineer, SRF Files, PMB, CIG-tsp, DWQ-RRO 6 Progress Meeting and Construction Inspection Report, Page 1 of 6 `/at PROGRESS MEETING ATTENDANCE SHEET Project: Infiltration and Inflow Remediat ion Project Owner: Town of Burnsville Contractor: CaJenn Construction & Rehabilitation Services, Inc. Date: Time: 2:00 pm Project#: 11.00429 EASE P , , .REPRESElYTING L Mr AS S—(5 -7 ye t CA-.i E 1J"J CO O S T !Z[-:Li qa N �a IFS0 CONSTRUCTION INSPECTION CHECKLIE ST PROJECT NAME: BURNSVILLE-SEWER RHAB.— PROJECT No. SEE CS370 642-02 Owners Rep(s): Anthony Hensley I� Engineering Rep(s): RL Haynes PE, &, Vann Waters P E A 4@:ft (on site inspector) Contractors Rep(s): CaJenn Construction, Billy Jennings Jim Vaughn George Torres A. CONSTRUCTION SITE: Weather: Oa M Site Conditions: Cr®O 1. Storage/Protection of Stored Materials adequate?...Yes 0 No ❑ n/a El2. Safe conditions &methods observed:........................Yes R' No ❑ n/a ❑ 2a. IF NO! Description & documentation of unsafe conditions to be attached 3. Inspections or site visits by others this month? Yes ❑, No 9, Who? B. ENGINEERING INSPECTION: ZZFJ 1. Docs.Provided: A endag Mt .M ns Sho P�lPg g g �, p Dw-gsV,.Subrnittal LogEd SOV❑ 2. Engineer Field Inspector(s) Alan Mackey .Yes ❑ No 0 on site? 3. Engineer's Daily Log-Field Notes Reviewed? .........Yes ❑ No Rr n/a ❑ 4. Testing Done WReports Reviewed❑ Passed?.,.....Yes No ❑ n/a Types of testing include 5. As-Builts red-lined[O Up-to-date[V Checked..X...Yes ❑ No ❑ n/a *6. Submittals approved in writing? Signed & sealed by_Mc, Cr.II P.E ❑ C. CONTRACTOR(s)INSPECTION: 1. Supervisor(s) on site?: Geor e Torres Yes Y No ❑ n/a 2. N.C. OSHA/Labor laws posted? Photo ?_jZ yes [q No ❑ n/a ❑ 3. Sub-Contractors are listed in mtg. mins?................... Yes ❑ No ❑ n/a 4. CONSTRUCTION ON SCHEDULE? .... ❑ .... Yes ❑ No L�° n/a 5. NTP START DATE: 10/15/2012, Substantial Final NTP Construction DAYS: n/a _ 210 days NTP Completion DATES: n/a _ 5%13/2013 6. CHANGE ORDERS? No.-4-, Days added qZ. `��y_ 01 Current Completion Dates: � D. PROJECT QUALITY & PAYMENTS: I. City is under DWQ-SOC ?..................... ..........Yes ❑ No Er n/a ❑ 2. IFS Disbursement No. . , Amt. $ Z����q3 3. Contractors Pay Request No. _, Amt, $ 4. Quality of work completed is acceptable for payment?Yes V No ❑ n/a ❑ E. SRF&DAVIS BACON REQUIREMENTS: VERY IMPORTANT if Applicable. Requirements discussed with Owner, Engineer, and Contractor, YesO No ❑ 1. Ffej'Ct,isxn ,any w►• ,, ,., .t o, n,, A n ^ :, n/a Q 2. Aai's Baeo r * ? (n/a as of 12/2012) s ❑ ❑"� .Ye No n/a Rr 3. Davis Bacon, Poster and Wages Posted?....NS............Yes No ❑ n/a ❑ 4. Certified Payrolls (including.Subs) Submitted? ..............Yes No ❑ n/a ❑ 'TO ` 93Z o 30q b :umentation complete according to Engineer, and Owner? ...........................Yes No ❑ 'ector: Tom S. Poe(919-616-4245 cell) poeC�ncdenr.gov ®[� �SP Progress Mtg.-Site visit-Inspection me: OOa,Burnsville-SRF-02,CONST-INSP-CHECKLIST.docx BURNSVILLE SEWER Rehab. ucture Finance Section,(was formerly the Construction Grants�andLoa (dress: 1633 Mail Service Center,Raleigh NC 27699-1633, -ocation:512 N.Salisbury SI.,8`h Floor,Raleigh,NC 27604 Date• 7 q m Lot _11�7m n_i_6g�_Fq �4-9�_5,6 ww ncwa erauality org NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Donald R.van der Vaart Governor Secretary, September 10 2015 t R E C E:`R/ 7 1> > Division of Water Resources i Mr. Nathan Bennett,Manager SE P 1 5 2015 { East Yancey Water& Sewer District o 110 Town Square, Room 11 ; Water ountity Recttonat Oberatlons Burnsville,North Carolina 28714 t;(,r;on;l Subject: Pre Construction Meeting East Yancey Water& Sewer District East Side Sewer System Improvements -REBID [Yancey County] Project No. SRG T-05-0141 Dear Mr. Bennett : The North Carolina Division of Water Infrastructure, DWI, attended the Preconstruction meeting for the above named project held at the office noted above at 2:31 p.m. on Wednesday September 2, 2015. Dates for conducting the regular project progress meetings and DWI interim inspections are scheduled for 10:00 a.m. on the 3rd Tuesday of each month until completion. Subject to confirmation the first meeting and Interim Inspection is anticipated to be October 20,2015. As warranted,monthly progress meetings should be held until completion of the project. You should review this report,take actions or provide responses as indicated, and then file with your project records. You must maintain records on this project for 3 years. If you have any questions or find errors or items with which you disagree in this report,please contact me at (919) 707-9185 or via e-mail at gerald.horton&ncdenr.gov and Congratulations to you and all involved in getting this project back under construction. S' erely, /4� �! Gerald W. Horton,PE Project Manager c W rirgpli cc: RL Haynes,Harry Buckner,PE-McGill Associates,PA,Asheville,NC Marquis Crews, Golden Leaf Foundation Landon Davidson,:DWR-Asheville Regional Office Ken Pohlig,PE,Mark Hubbard,PE, Gerald Horton SRG Division of Water Infrastructure 1633 Mail Service Center,Raleigh,North Carolina 27699-1633 Location:512 N.Salisbury St.Raleigh,North Carolina 27604 Phone:919-707-9160 Internet: http://poaal.ncdenr.org/web/wi/home An Equal Opportunity 1 Affirmative Action Employer i East Yancey Water& Sewer District Preconstruction Meeting East Side Sewer System Improvements of September 2,2015 Project No.E-SRG-T-05-0141 Page 2 of 7 Comments,observations and concerns discusse act tl►e Preconstruetion meeting - -Reader is also referred'to Engineer's Preconstruction handout and minutes. Please note that the terms Owner and.Recipidit have the same meaning in this document. Forms and other information referenced herein may be found at DWI's website : IFS.nc.gov or NCDENR.gov * Asterisk denotes information requested by DWI 1. Division of Water Infrastructure(DWI)requested Engineer provide a copy of the Preconstruction F 1VIeeting lninutes-."DWE received those minutes. t. 2. * Construction schedule-provide copy of Construction Schedule after approval. 3. * Schedule of Values(SOV) -the Schedule of Values should be in a suitable breakdown and format to track completion of Work components. Upon approval of SOV by Owner and or Engineer, DWI requests a copy of the SOV be provided to Gerald Horton in electronic spreadsheet format,preferably excel. 4. * DWI requests list of ALL subcontractors proposed or intended to Work on project. Please note thereon which are DBE or MBEs, if any. 5. *DWI requests a paper conformed set of half size drawings. 6. * Please provide electronic copy of Plans and Specifications on CD suitable for printing drawings onto 11"X 17". 7. DWI requests a log of RFIs, RFPs etc.be kept and discussed at each progress meeting. 8. Though not required by DWI, DWI strongly recommended at Preconstruction meeting that Contractor and Owner take independent videos of routes and structures on or in proximity of the work prior to initiating Work,especially features along and on private property. 9. DWI also asked if Contractor or Engineer had done an inventory of materials remaining from the previous project which were to be incorporated into this project? This was a precautionary advisory as there has been theft on construction jobs across the state. 10. Monthly progress meetings will be held at the County Courthouse in Burnsville. Subsequent to Precon meeting the Interim inspection and Progress meeting were set to occur on the Yd Tuesday each month at 10:00 a.m. DWI may not attend all meetings but wishes to receive minutes of all meetings. 11. Please be advised DWI must conduct a Final Inspection. 12. This Project is exempt from Davis Bacon Act requirements , related DB interviews and from providing Certified Payrolls. 13. DWI discussed change orders, a checklist is included as page 7 of 7 herein. 14. This project is not subject to the American Iron& Steel(AIS)purchasing and record keeping requirements. 16. At each meeting DWI may ask if there has been a spill of sewage in conducting the work. If there has been a spill of sewage,then DWI may ask if Division of Water Resources-DWR Asheville regional office 828 296-4500 was notified and what efforts were made to mitigate and clean up the spill. Outside of normal business hours notification should be made to the Environmental Emergency number 800 858-0368 17. Engineer emphasized that all stream creek crossing work be completed between September 2015 and December 2015. 18. Engineer and Owner emphasized due to the work stoppage history of this project,that Engineer will require an on-site pre construction meeting prior to proceeding with the work in the Toe River. Engineer also stated that they would inform relevant agencies of the planned meeting when it is set. East Yancey Water& Sewer District Preconstruction Meeting East Side Sewer System Improvements of September 2,2015 Project No. E-SRG-T-05-0141 Page 3 of 7 Project information Authorized Representatives: Grant Recipient(Owner) - Mr. Chris Venters, Supt.,Bay River Metropolitan Sewer District NC-DWI Ken O.Pohlig,PE Consulting Engineer—Harry Buckner,PE,McGill&Assocs. 55 Broad St.,Asheville,NC 28801 Inspector —part time as needed—Allan Mackey Contractor- Bryant's Land&Development Co. Burnsville,NC Final Contract completion time is 270 calendar days. With a Notice to Proceed(NTP)date effective Sept. 8,2015 the Final completion contract date is July 4,2016. Superintendent-TBD FUNDING BUDET The project remaining Work is funded from approximately$800,000 remaining from the earlier DWI state funded grant E-SRG-T-05-0141 and funds —$300,000 from the Golden Leaf Foundation, 301 N. Winstead Ave., Rocky Mount,NC 27804 mcrews@goldenleaf.org. Contact for that funding is Mr. Marquis Crews tele: 888-684-8404 located in Rocky Mount,NC. Scope of Eligible Work—per April 2015 NCDNER letter to Nathan Bennett,East Yancey Water& Sewer District, Approval of the Plans and Specifications letter Eligible 1) Installation approximately 3,800 linear feet of 8-inch gravity sewer and 2) approximately 9,100 linear feet of 12-inch gravity sewer 3) approximately 290 linear feet of 12-inch effluent outfall with diffuser 4) removal and replacement of pavement,roadways, driveways, and curbs, sedimentation and erosion control devices, and associated appurtenances necessary for the installation of a complete system within and up to the existing right-of-way Non Eligible=installation of sewer service laterals outside the right-of-way. Spare parts, service contacts, maintenance contracts, and extended warranties. CHANGE ORDERS-Refer to the attached change order checklist. DWI"Approval"of a change order is not necessary to proceed on the work because a change order is an approval and modification of the contract cost and/or time between the Owner and the Contractor only. However,DWI will make a determination as to eligibility(sometimes termed"approval") is required from DWI in order for the State to participate in the funding of the change(s). Should Owner wish to ascertain which work item(s) are eligible for funding prior to authorizing that work,they should ask specifically which work items would be considered eligible, and provide enough information(see attached Change order checklist) for DWI to evaluate each work item(s)of that proposed change. DWI INSPECTIONS 1. DWI must participate or be invited to the Preconstruction meeting for this project 2. will conduct periodic inspections of the project 3. is required to perform a Final inspection of the project 4. may review or discuss pending change orders for necessity,reasonableness, and to give an opinion or determine the eligibility for loan or grant funding of the change(s) 5. Purpose of DWI inspections a. To monitor that objectives and assurances made regarding the loan or grant are realized. b. To monitor administration of the loan and/or grant funds for adherence or compliance with State and Federal requirements and the loan and/or grant assurances and conditions. i East Yancey Water& Sewer District Preconstruction Meeting East Side Sewer System Improvements of September 2,2015 Project No.E-SRG-T-05-0141 Page 4 of 7 -c. Tomonitor contract compliance and construction in accordance with NC DENR approved - - contract documents. 'i d. To advise and offer assistance to the loan and/or grant Recipient. 6. Prior notice may be given;however,unannounced inspections by DWI may also be conducted. 7. Inspections may be concerned with administrative matters as well as construction matters and activities. 8. During inspections,DWI may wish to review, observe and/or discuss: o project files and status of shop drawings,submittals, o inspector's field reports, o status of record(as-built)drawings, o status of Requests for Information(RFIs),Requests for Proposals(RFPs) o revised construction schedules, o records of testing of materials, soils,concrete, equipment,and other testing matters o compliance documentation regarding Certified payrolls,Davis Bacon,American Iron& Steel documentation and other records related to assurance given by recipient in acquiring loan and/or grant, o pending or executed change order(s) items for documentation and/or for observation of the Work, 9. The Division of Water Infrastructure (DWI)requests that all equipment and materials on job site be properly stored, stockpiled, and protected. Improper storage of materials and equipment may result in recommendation to reduce reimbursement amount or remove the item(s)from eligible reimbursement expense. 10. Safe working conditions should be maintained at all times. DWI will discuss potential or apparent safety violations. If warranted or deemed necessary,DWI will attempt to take prompt action and may notify authoritative on-site personnel and may notify State and/or OSHA representatives of any noted conditions which appear to be life endangering or threatening of serious injury. Safety is the sole responsibility of the Contractor. 11. Results of the inspection will be discussed at the job site during or upon completion of the inspection. 12. An inspection report will be sent to the Loan Recipient(Owner),the Engineer and to other parties, only if so requested. 13. DWI asks to be notified when the Engineer or Owner plan to schedule a pre-final and/or the final inspection(s). DWI requests a copy of punch list(s). In order to close out the project,DWI must conduct a final inspection which DWI cannot schedule until project has achieved substantial completion. Near the end of the project the Owner should request a closeout checklist if not already provided by DWI personnel. Recipient's (Owner)and Engineer's responsibility 1. The Owner and Engineer should become familiar with their responsibilities as defined in the Code of Federal Regulations Part 40 CFR. 2. Comply with the Loan and/or Grant conditions. 3. Comply with the WQ and/or NPDES permit conditions. Owner payment request 1. Before first reimbursement request will be processed,the Owner must provide NC DWI executed engineering contract(s) and executed Construction contract(s). Prior to submitting first reimbursement request, it is strongly recommended that the Owner's person responsible for submitting reimbursement requests contact Don Evans 919 707-9184. 2. Owner should submit all payment requests to the NC DWI with backup documentation as needed to support the payment reimbursement request. CAUTION: reimbursements for additional costs East Yancey Water& Sewer District Preconstruction Meeting East Side Sewer System Improvements of September 2,2015 Project No.E-SRG-T-05-0141 Page 5 of 7 for items in pending change orders WILL NOT be reimbursed until DWI has made a determination as to eligibility of those items. A determination letter"Approval"will be sent to Owner upon DWI making that determination noting which items are eligible for funding. 3. Owner should be aware of the following payment milestones: 3.1. Before first reimbursement can be made,Contract Documents must be approved. 3.2. All tax must be reported:Recipient's Sales Tax Certification on file directs DWI to deduct sales tax if required. 3.3. Before final reimbursement-Engineer's Certification of Completion must be received. 4. IMPORTANT-The Grant recipient is required by statute to disperse reimbursement funds for the purpose intended within 3 banking days of receiving those funds. 5. The Contractor's pay request should coincide with the items on the bid form or the approved Schedule of Values. 6. Do submit the sales tax report with each pay request. The sales tax report should indicate the time period that is covered. Therefore,the Owner should be prepared to cover this amount until they receive reimbursement from the Department of Revenue. If the contractor makes no purchases and has no sales tax to report for the period,the sales tax report should be submitted or the following statement submitted and dated"No sales tax to report this period." 7. Items stored on site for which reimbursement is requested must be protected, stored safely and securely. Items stored off site should be securely and safely stored. If reimbursement is sought for off site materials and/or equipment, Owner or Engineer must provide an affidavit attesting to witnessing the existence of the materials and/or equipment and that the materials and/or equipment are securely stored and protected or are in a bonded warehouse. ENVIRONMENTAL PROTECTION The Owner is advised that the protection of the`environment is a loan and/or grant requirement. It is for Owner, Contractor(s),Engineer and other participating entities to comply with all environmental pollution control programs established by the Local jurisdiction,the State,and the EPA. DWI's expectations include,but are not limited to: 1. Continued proper conveyance and treatment of Owner's wastewater during construction. 2. Protection of existing trees, shrubs,and grass,public infrastructure and private property. 3. Practice dust control measures on haul roads,excavation areas,work areas, and borrow areas and keeping public roads clean of construction debris and soil. 4. Submission of, adherence to,and compliance with the erosion and sedimentation control plan approved by the applicable State or local agency. 5. Proper disposal of all solid and hazardous wastes encountered or generated as part of the project. 6. In the event of a spill of sewage or other discharge during normal business hours DO NOTIFY the NC Division of Water Resources(DWR) field office in Asheville(828)296-4500 to report a sewage spill, an oil or hazardous substance spill or other environmental emergency caused by any party. Outside of normal business hours, call the toll free environmental emergency hot line (800)858-0368. The observing and/or responsible party shall take the initiative to report the matter promptly and to initiate containment and cleanup activities to a successful conclusion. (http://portal.ncdenr.oriz/web/wq/regional-offices) 7. Because this is an environmental project, it is expected that the Contractor(s)and sub contractors collect and properly dispose of litter,trash and debris generated by workmen on the project or on the site and along routes of the work. East Yancey Water&Sewer District Preconstruction Meeting East Side Sewer System Improvements of September 2,2015 Project No.E-SRG-T-05-0141 Page 6 of 7 Pre-Construction Meeting Attendees Nathan Bennett E Yancey Water& Sewer District 828 682-3971 nathan.bennett@ anceycount nmc.gov Harry Buckner,PE McGill&Assocs.,Project Mgr. 828 252-0575 ofc hM.buckner@mc ig llengineers.com RL Haynes McGill&Assocs.,Constr.Admin. 828 284-4134 C rL.ha ry ies@mc ig llengineers.com 828 252-0575 ofc Alan Mackey McGill&Assocs.,Inspector 828 273-4134 C 828 252-0575 ofc Greg Bryant Bryant's Land Development Co. 828 678-9966 ofc gobaantindustries@yahoo.com Kenny Goodson Bryant's Land Development Co. 828 678-9966 ofc kgblyantindustries@y&oo.com oo.com Ms. Kelly Thomas Bryant's Land Development Co. 828 678-9966 ofc ktbryantindustries@yahoo.com Gerald Horton,PE Division of Water Infrastructure 919 707-9185 gerald.horton@ncdenr.gov 919 219-5989 C End Preconstruction Report East Yancey Water& Sewer District Preconstruction Meeting East Side Sewer System Improvements of September 2,2015 Project No.E-SRG-T-05-0141 Page 7 of 7 NC Division of Water Infrastructure-Change Order Checklist For changes orders to be considered for eligibility,the following checklist should be completed and all information requested must be submitted prior to an eligibility determination(approval). DWI will provide Owner a letter indicating what costs are eligible for funding and what items are not eligible and the reasons therefor. Owner Project Name State Project No. Change Order No. Contract No. or ID Contractor Name: CHANGE ORDER DOCUMENTATION: An unexecuted copy of the proposed change order may be submitted for a preliminary eligibility determination but must clearly indicated what is sought. In order for DWI to process a change order all supporting documentation must be provided including the following: ❑ Federal and/or State Project number(s)shown on the change order. ❑ Submit One(1)original properly executed change order with original signatures including each si ngnatory's printed name and title is re uq fired. ❑ Clear description of each change. ❑ Detailed justification to identify the need for each change item. ❑ Summary and detailed costs. Attaching a one page summary of all change order items and costs is strongly recommended. A suggested summary excel spreadsheet will be sent to Owner and Engineer via email. ❑ Copies of invoices for major items may be requested. ❑ Time extensions should be addressed in a change order if applicable, however DWI does not make any determination on the justification or documentation for any contract time extensions because the loan repayment schedule is not affected. ❑ It may be necessary to provide new or revised contract drawings and/or specifications showing and describing the change or provide copy of existing drawings and/or specifications with changes clearly annotated, highlighted,and/or red-lined. 44*72-A NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory --�--- wait n der Vaart REf;F ivr Governor CWiSlon of Water Resource$ Secr tary February 23, 2015 MAR - 4 2015 Mr.Nathan Bennett,Manager East Yancey Water& Sewer District water auatl'ty ReQtonnt operations 110 Town Square,Room 11 Asheville Regional Office Burnsville,North Carolina 28714 SUBJECT: Request for Additional Information East Yancey County Water& Sewer District East Side Sewer System Improvements Project No.: SRG T-05-0141 Dear Mr. Bennett: A review of the plans and specifications submittal package has been completed by the Division of Water Infrastructure. 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 approve the plans and specifications as soon as possible. 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 Gerald Horton,P.E., at(919) 707-9185. Sincerely, Ken O. Pohlig,P.E.,Acting Supervisor Wastewater Projects Unit gh/dr Attachment cc: Harry Buckner, PE —McGill Associates, PA, 55 Broad Street, Asheville,NC 28801 Keith Krzywicki,PE—NC Depart. of Commerce, Rural Economic Development Division tLandon-:Davidson:Asheville Regional Office, Water Resources Supervisor Gerald Horton, PE SRG File Division of Water Infrastructure '1633 Mail Service Center,Raleigh, North Carolina 27699-1633 Location:512 N.Salisbury St.Raleigh,North Carolina 27604 Phone:919-707-9160 Internet: http://portal.ncdenr.org/web/wi/home An Equal Opportunity 1 Affirmative Action Employer East Yancey County Water&Sewer District Project No.SRG T-05-0141 February 23,2015 Pagel of 2 - - Request for-Additional InformationA. General Review..:.. ..."",..-I-..--'- S� 1. dditiorial Plans and Specifications were received by the Division on January 22, 2015,to Re-Bid"two (2)original uncompleted contracts due to stop work issues. �s � 2. tf.: submittal document dated December 17,2008,page three(3): Provide supporting umentation confirming-the buffer/land disturbing criteria was incorporated into the design. 3. Total 12-in. dia.pipe on Bid Schedule and pg. AB-1 is approx.* 8600+ LF, DWI take off indicated total quantity of 12-in. dia. pipe to be 9200+LF. Please check on and/or explain difference. (Total of 8-in. dia.pipe did check close.) 4. For open cuts: Provide how excavation, shoring, etc.,was addressed in the plans and specifications. Note: See plan sheets Cl and C5. 5. Provide verification that the project layout(proposed sewer route locations)met the required minimum separation from all wells. 6. Two segments of gravity sewer lines on Sheets C313 and C13 are rerouted from the routes approved for the original work. Provide verification that permit modifications are not required. 7. Upon approval of plans and specs,provide DWI one(1) CD of updated plans and contract documents and one(1)hard copy of updated plans(1/2 size) and contract documents. 8. Does the present Scope of Work include any completed work or materials that have not previously been reimbursed? B. Review of Plans 1. Sheet G3: noting division line on the 3 phases of work would be useful information. 2. Sheet C1A: Slope of 12"dia. gravity sewer is 10.57%. With regards to velocity, are anchorage and erosion protection methods warranted for this line and/or at Manhole? Provide calculations and documentation accordingly. 3. Sheet C 1: It is unclear if the new pump station site is on private or acquired property. Please clarify. 4. Sheets C5, C14, C20 and anywhere else occurring: for the"Stub out&Plug" at MH at Stas. 121+65,245+42, 46+22 etc...,provide invert in and note whether drop MH needed. Provide other details accordingly. 5. Sheets C 12, C 16 and elsewhere occurring: provide a detail for note on profile Sta. 212+50 and '� Sta. 268+00 regarding Transition Collar. East Yancey County Water&Sewer District Project No. SRG T-05-0141 February 23,2015 Page 2 of 2 6. Sheet C 13: provide profile and detail for Manhole over existing 8"-VCP connecting to proposed Manhole Sta. 222+75. 7. Sheet C 18: phasing notes on left side of drawing appear not to be accurate. C. Review of Specifications 1. Table of Contents - Section 012330 inconsistent Section and page callouts. DWI suggests checking T of C vs. section numbers and Names. 2. Section 011000 1.6 A.refers to Owner Provided Materials Stored on Site which becomes property of Contractor upon Execution of Agreement,if there is material remaining after completion of work does that material revert back to Owner or remain property of contractor? 3. Please confirm or explain: items no. 19A and 57A are listed as Bid alternates in the event the work must be done by Bore&Jack instead of Open Cut? 4. Section 013100 1.5 A.: time requirements appear to be in conflict with those in 01100 1.5A.1. 5. Please ref-015000 3.5.A.: does Project Manual require removal of residual items such as silt fence,pipe etc..., of previous contractors by contractor awarded this project? 6. Please note(ref-015000 3.3.G.) DWI does not pay for Project signs required by other agencies nor does DWI require a project sign. 7. Please ref-332700 3.4.A.6,pg 26: replace with latest minimum requirements. 8. Inventory list at end of documents: is inventory material protected and stored properly? If there is any damaged inventory,where/how is this addressed in Project Manual? j U NCDIENR North Carolina Department of Environment and Natural Resourcess Division of Water Quality 4A70 Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director June 2, 2011 Nathan Bennett JUN - 9 2011 County Manager Yancey County Court House '•?' WATER QUALITY SECTION ]10 Town Square, Room l l L` ASHEVILLE REGIONAL OFFICE Burnsville, NC 28714 i " r ,,. ,,•- l1�'SY`$+1A+... Subject: Issuance of Renewal Permit NPDES Permit NCO087891 South Toe River WWTP Facility Class II Yancey County Dear Mr. Bennett: During the public comment period for this draft NPDES permit renewal, the Division received comments from the Southern Environmental Law Center on behalf of the Western Carolina Alliance and the French Broad Riverkeeper, from US Fish and Wildlife Service, from the NC Wildlife Resources Commission, and from Starli McDowell with Toe River Valley Watch. In addition, as part of the 404 Certification renewal process for the proposed wastewater treatment plant outfall construction, US Fish and Wildlife Service supervised a new mussel survey. The US Anny Corp of Engineers subsequently approved the 404 Certification renewal in April 2011 and incorporated the US Fish and Wildlife Service survey recommendations. The US Fish and Wildlife Service, in a letter dated April 5, 2011 to the US Arny Corp of Engineers, concluded that the proposed wastewater plant construction project may affect, but not likely to adversely affect, the Appalachian Elktoe Mussel and that any take would be discountable and insignificant. The Division has expanded the final permit ammonia as nitrogen monitoring to follow the US Fish and Wildlife Service and North Carolina Wildlife Resources Commission recommendations. Both US Fish and Wildlife Service and North Carolina Wildlife Resources Commission requested access to the NPDES permit reported data..This data is public information and is readily obtained by either contacting the Division's Central Files in Raleigh or contacting the Asheville Regional Office/Surface Water Protection. Page 1 of 3 .1617 Mail Service Center,Raleigh,North Carolina 27699-1617 Location:512 N.Salisbury St.Raleigh,North Carolina 27604 One Phone:919-807-63001 FAX:919-807-64921 Customer Service:1-877-623-6748 N orth C aroli n a Internet:www.ncwaterquality.org 1 14 � 'J����uN � 4 An Equal Opportunity 1 Affirmative Action Employer �/ ` " ' Divisionnel ree viewed all comments and recomm�dations concerning -this, draft persbn have g NPDES permit, and approved your application for renewal of the subject pen-nit. Accordingly, we are forwarding the attached NPDES discharge pen-nit. 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). _Summary of Changes in Renewal Permit from ExistingPen-nit ennit l) Total.Residual_Chlorine monitoring and effluent limit were replaced with a conditional narrative since the,facility uses UV disinfection and has stw7d.by power. 2) Effluent Sheet A. (1) narrative was revised to include receipt ofAuthorization to Construct, submittal of Engineer Certificate, and proposed diffuser reference. 3) Supplemental to Permit Cover Sheet narrative was revised to include component list of proposed treatment equipment. 4) Special Condition A. (2) Outfall Survey requirement was completed, removed no longer applicable. Changes in Final Permit from Draft Permit based on comments received 5) Effluent Ammonia monitoring frequency was increased to weekly. 6) Instream Ammonia monitoring was expanded to year round with seasonal monitoring frequencies. Summer is defined as April 1 — October 31, sample frequency is weekly. Winter is defined as November 1 — March 31, sample frequency is 2/month. A narrative footnote establishing sampling protocol was added. 7) A conditional narrative,for requesting summer monitoringfrequency reduction to 2/month after 2 years of data have been reported and if no impact to the mussels is shown was added. 8) Instream sample location narrative was amended to state approximately 25 ft to provide better align and flexibility with stream configuration and last survey listed mussels location. 9) Special Condition A. (2) (former Special Condition A. (3)) Ammonia Reopener narrative was amended to include additional action if instream Ammonia concentration exceeds criteria to protect mussels and this discharge is the identified source. If any parts, measurement frequencies or sampling requirements contained in this pen-nit 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 pen-nit is not transferable except after notice to the Division. The Division may require modification or revocation and reissuance of the pennit. 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 permits that may be required. Page 2 of 3 `I t q a n C", If you have any questions concerning this permit, please contact Ron Berry at telephone number (919) 807-6396 or at email ron.berry@ncdenr.gov. Sincerely, K4 oleen H. Sullins Attachments Cc: Asheville Regional Office/Surface Water Protection Section (revised fact sheet) McGill Associates, P.A. (email) David Honeycutt, PE email: davidh@mcgillengineers.com Southern Environmental Law Center (email) DJ Gerken email: djgerken@selcnc.org US Fish and Wildlife Service(email) Bryan Tompkins email: Bryan_Tompkins@fws.gov NC Wildlife Resources Commission (email) David McHenry email: david.mchenry@ncwildlife.org Toe River Valley Watch (email) Starli McDowell email: stars]edge@aol.coin Central Files NPDES Unit Page 3 of 3 (� Permit NCO087891 u STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY PERMIT e TO DISCHARGE WASTEWATER UNDER THE i 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,. East Yancey Water& Sewer District is hereby authorized to discharge wastewater from a facility located at South Toe River WWTP Wyatt Town Road Micaville, North Carolina Yancey County to receiving waters designated as South Toe River in the French Broad River Basin in accordance with effluent limitations, monitoring requirements, and other conditions set forth in Parts I, II, III, and IV hereof. The permit shall become effective July 1, 2011. This pennit and the authorization to discharge shall expire at midnight on February 29,201.6 Signed this day June 2, 2011. J U N 9 2011 j en H. Sullins, Director wn i Ei{01, rloN Division of Water Quality n i,_��rr` r car!"�.-c ir-E_ By Authority of the Environmental Management Commission ' a Pen-nit NC0087891 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,firom this facility arises under the permit conditions, requirements, terms, and provisions included herein. East Yancey Water & Sewer District is hereby authorized to: 1. After receiving an Authorization, construct a 0.125 MGD wastewater treatment plant consisting of: Bar screen Influent composite sampler Two (2) 115,000 gallon Sequencing Batch Reactors (SBR) systems One(1) 26,000 gallon post equalization basin Two (2) tertiary filter systems UV disinfection system Effluent flow meter with recorder Effluent composite sampler 12 port diffuser system One(1) 63,000 gallon digester Sludge truck load out station Stand by generator The facility shall be located at the South Toe River WWTP on Wyatt Town Road,Micaville, Yancey County, and; 2. Discharge from said treatment works (via Outfall 001) into the South Toe River, a Class C-Trout water in the French Broad River Basin, at the location specified on the attached map. 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S �r� t. rr,}�'�ja' � ��`t � � � �, �t ' � �r s�.�� s i 4'� ( � .r+; t ��'`,1 iF' "-pt� -�'. ��� �:�{ti d�`r? 4� �t 1! f "+� r► � `sL'w`�`' �.� � �,.�'��,. � ��w� i fi!spa;` ., �� p�.� r -,,4! 1 (�" �¢-•.I �,.4 4. •r'Y� j� Pl. ' �., s � ^4 T I l .Ilf IFr ..�'.tl L 1 '`�s� r✓''��� � 1�' w'� 1::�. _�,� , I Wang p 1 i r+ �+p+� f5i+'•7# t + 4 f A ! E t ter q , 5 � _. f ( i ^� • t '`I' 'yiR` •,� "'*, x' •'. +�/- I ""• F F`} ky.,} i:.r� u, r .....,_.._ ;!+ .,l �•' .Y t i �";fit I`.}I�]'J, ''.,wl _ola"'I. '"ti�C"! $C'f'f {,F� Ark•, (''h. t� i,_ �`" ! 4..._Nt "'-".�t '''i°4pi:,i USGS Quad: D10NW Micaville, NC Outfall Facility �,►"� 74 ' ` 1{` ' Latitude: 350 55` 8.8"N 350 55` 6"N Longitude: 820 12' 26.2"W 820 12'29" W Stream Class: C, Trout Facility Location North Subbasip: 04-03-06 HUC: 06010108 South Toe River WWTP NC0087891 ' Receiving Stream: South" Toe River ,. Yancey County Permit NC0087891' A. (1) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS Beginning on the effective date of this permit_, after receipt of the :Authorization to Construct and submittal of the Engineer Certificate, and lasting until expiration, the Pennittee is authorized to discharge- treated wastewater through a diffuser,from Outfall 001. Such discharges shall be limited and monitored by the Perrnittee as specified below: EFFLUENT LIMITS MONITORING REQUIREMENTS EFFLUENT Monthly Weekly Measurement Sample , Sample CHARACTERISTICS ' ` , ► ° '` ' " Average Average Frequency Type Location Flow 0.125 MGD Continuous Recording I or E BOD, 5-day, 20°C 2 30.0 mg/1 45.0 mg/1 Weekly Composite E, I Total Suspended Solids 2 (TSS) 30.0 mg/1 45.0 mg/1 Weekly Composite E, I Fecal Coliform 200/100 ml 400/100 ml Weekly Grab E (geometric mean) pH Not less than 9 0 S.U. Weekly Grab E Temperature, °C Weekly Grab E NH3 as N, mg/1 Weekly Composite E NH3 as N, mg/1 3,4 Weekly Grab U, D (April 1 — Octtober 31) NH3 as N, mg/l 3 2/Month Grab U, D (November 1 —March 31) Dissolved Oxygen, mg/1 (DO) Weekly Grab E' Total Nitrogen,m 1 (TN) Semi-Annual Composite E TN=(NO2-N + 03-N)+TKN Total Phosphorus,mg/I (TP) Semi-Annual Composite E Notes: 1. Sample locations: E- Effluent, I- Influent, U- 25 feet approximately upstream of diffuser, D- approximately 25 feet downstream of diffuser. 2. The monthly average effluent BOD5 and TSS concentrations shall not exceed 15% of the respective influent value (85%removal). 3. Samples shall be collected at approximately the same time, allowing for time to move between sample locations. 4. The Permittee may request reduced instream NH3-N summer (April 1 — October 31) monitoring to 2/Month after 2 full years, if downstream data shows instream ammonia levels are protective of mussels, or if the WWTP discharge shows no increase between upstream/downstream ammonia concentrations. If chlorine or a chlorine disinfectant derivative are used then a Total Chlorine Residual limit of 28 µg/1 limit shall go into effect. The Asheville Regional Office/Surface Water Protection must be contacted during normal business hours and alerted when chlorine or a chlorine disinfectant derivative are used.. There shall be no discharge of floating solids or visible foam in other than trace amounts. Pen-nit NC0087891 a C) C-) ' A. (2) AMMONIA REOPENER The Division may re-open and modify this pen-nit if required in the event that the Division: o Adopts new freshwater quality standards for ammonia. o Develops a site-specific management strategy pursuant to T15A NCAC 2B .0110 in order to protect endangered or threatened aquatic species in the receiving water. If instream monitoring indicates ammonia concentrations are above protective concentrations for mussels and the WWTP is identified as the cause, the Permittee will be-required to evaluate options to reduce effluent ammonia concentrations (including outfall redesign), and report to the Division within 120 days of notification by the Division. CTDES Permit Standard Conditions Page 1 of 18 PART II STANDARD CONDITIONS FOR NPDES PERMITS I 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 Dav 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 (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 Version 1012912010 ;1 r11TPDES Permit Standard Conditions Page 2 of 18 only be used in situations where effluent flow rates vary less than 15 percent. The following restrictions also apply: PP Y: - ➢ Influent and effluent grab samples shall be of equal size and of no less than 100 milliliters ➢ Influent samples shall not be collected more than once per hour. ➢ Permittees with wastewater treatment systems whose detention time<24 hours shall collect effluent grab samples at intervals of no greater than 20 minutes apart during any 24-hour period. ➢ Permittees with wastewater treatment systems whose detention time exceeds 24 hours shall collect effluent grab samples at least every six hours;there must be a minimum of four samples during a 24- hour sampling period. Continuous flow measurement Flow monitoring that occurs without interruption throughout the operating hours of the facility. Flow shall be monitored continually except for the infrequent times when there may be no flow or for infrequent maintenance activities on the flow device. Daily Discharge The discharge of a pollutant measured during a calendar day or any 24-hour period that reasonably represents the calendar day for purposes of sampling. For pollutants measured in units of mass, the "daily discharge" is calculated as the total mass of the pollutant discharged over the day. The "daily discharge" concentration comprises the mean concentration for a 24-hour sampling period as either a composite sample concentration or the arithmetic mean of all grab samples collected during that period. (40 CFR 122.2) Daily Maximum The highest"daily discharge" during the calendar month. Daily Sampling Parameters requiring daily sampling shall be sampled 5 out of every 7 days per week unless otherwise specified in the permit. Sampling shall be conducted on weekdays except where holidays or other disruptions of normal operations prevent weekday sampling. If sampling is required for all seven days of the week for any permit parameter(s),that requirement will be so noted on the Effluent Limitations and Monitoring Page(s). DWQ or"the Division" The Division of Water Quality,Department of Environment and Natural Resources. EMC The North Carolina Environmental Management Commission EPA The United States Environmental Protection Agency Facility Closure Cessation of all activities that require coverage under this NPDES permit.Completion of facility closure will allow this permit to be rescinded. Geometric Mean The Nth root of the product of the individual values where N =the number of individual values. For purposes of calculating the geometric mean,values of"0" (or"< [detection level]")shall be considered=1. Grab Sample Individual samples of at least 100 ml collected over a period of time not exceeding 15 minutes.Grab samples can be collected manually. Grab samples must be representative of the discharge (or the receiving stream, for instream samples). Hazardous Substance Any substance designated under 40 CFR Part 116 pursuant to Section 311 of the CWA. Instantaneous flow measurement A measure of flow taken at the time of sampling,when both the sample and flow will be representative of the total discharge. Version 1012912010 • r rTDES Permit Standard Conditions Page 3 of 18 Monthly Average(concentration limit) The arithmetic mean of all "daily discharges" of a pollutant measured during the calendar month. In the case of fecal coliform,the geometric mean of such discharges. Permit Issuing Authority The Director of the Division of Water Quality. Quarterly Average (concentration limit) The average of all samples taken over a calendar quarter. Severe propertydge Substantial physical damage to property, damage to the treatment facilities which causes them to become inoperable, or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass.Severe property damage excludes economic loss caused by delays in production. Toxic Pollutant: Any pollutant listed as toxic under Section 307(a)(1)of the CWA. Upset An incident beyond the reasonable control of the Permittee causing unintentional and temporary noncompliance with permit effluent limitations and/or monitoring requirements. An upset does not include noncompliance caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance,or careless or improper operation. Weekly Average(concentration limit) The arithmetic mean of all "daily discharges" of a pollutant measured during the calendar week. In the case of fecal coliform,the geometric mean of such discharges. Section B. General 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 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 Version 1012912010 i rTPDES Permit Standard Conditions Page 4 of 18 --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. 7. Severability The provisions of this permit are severable. If any provision of this permit,or the application of any provision of this permit to any circumstances, is held invalid, the application of such provision to other circumstances, and the remainder of this permit,shall not be affected thereby[NCGS 15013-23]. Version 1012912010 l % CTI)ES Permit Standard Conditions Page 5 of 18 l 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 i (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 pe rmit mrt 40 CFR 122.41 (b)]. pp Y p [ ( )l 10. Expiration of Permit The Permittee is not authorized to discharge after the expiration date. In order to receive automatic authorization to discharge beyond the expiration date,the Permittee shall submit such information,forms,and fees as are required by the agency authorized to issue permits no later than 180 days prior to the expiration date. Any Permittee that has not requested renewal at least 180 days prior to expiration, or any Permittee that does not have a permit after the expiration and has not requested renewal at least 180 days prior to expiration, will subject the Permittee to enforcement procedures as provided in NCGS 143-215.6 and 33 USC 1251 et. seq. 11. Signatory Requirements All applications, reports, or information submitted to the Permit Issuing Authority shall be signed and certified[40 CFR 122.41 (k)]. a. All permit applications shall be signed as follows: (1) For a corporation: by a responsible corporate officer. For the purpose of this Section, a responsible corporate officer means: (a) a president, secretary, treasurer or vice president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision making functions for the corporation, or (b) the manager of one or more manufacturing, production, or operating facilities, provided, the manager is authorized to make management decisions which govern the operation of the regulated facility including having the explicit or implicit duty of making major capital investment recommendations, and initiating and directing other comprehensive measures to assure long term environmental compliance with environmental laws and regulations; the manager can ensure that the necessary systems are established or actions taken to gather complete and accurate information for permit application requirements;and where authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures. (2) For a partnership or sole proprietorship: by a general partner or the proprietor,respectively;or (3) For a municipality, State, Federal, or other public agency: by either a principal executive officer or ranking elected official[40 CFR 122.22]. b. All reports required by the permit and other information requested by the Permit Issuing Authority shall be signed by a person described in paragraph a. above or by a duly authorized representative of that person.A person is a duly authorized representative only if: (1) The authorization is made in writing by a person described above; (2) The authorization specified either an individual or a position having responsibility for the overall operation of the regulated facility or activity,such as the position of plant manager,operator of a well or well field, superintendent, a position of equivalent responsibility, or an individual or position having overall responsibility for environmental matters for the company. (A duly authorized representative may thus be either a named individual or any individual occupying a named position.); and (3) The written authorization is submitted to the Permit Issuing Authority[40 CFR 122.22] c. Changes to authorization: If an authorization under paragraph (b) of this section is no longer accurate because a different individual or position has responsibility for the overall operation of the facility,a new authorization satisfying the requirements of paragraph (b) of this section must be submitted to the Director prior to or together with any reports, information, or applications to be signed by an authorized representative[40 CFR 122.22] Version 1012912010 r1PDES Permit Standard Conditions Page 6 of 18 --- _d._ Certification. Any person signing a document under paragraphs a. or b. of this section shall_ make the _ following certification 140 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 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 reissu;ance, or termination, or a notification of planned changes or anticipated noncompliance does not stay any pe�mit condition[40 CFR 122.41 (f)]. 13. Permit Modification,Revocation and Reissuance,or Termination The issuance of this permit does not prohibit the permit issuing authority from reopening and modifying the permit, revoking and reissuing the permit, or terminating the permit as allowed by the laws, rules, and regulations contained in Title 40, Code of Federal Regulations, Parts 122 and 123; Title 15A of the North Carolina Administrative Code,Subchapter 2H.0100;and North Carolina General Statute 143-215.1 et.al. 14. Annual Administering and Compliance Monitoring Fee Requirements The Permittee must pay the annual administering and compliance monitoring fee within thirty days after being billed by the Division. Failure to pay the fee in a timely manner in accordance with 15A NCAC 2H.0105 (b) (2)may cause this Division to initiate action to revoke the permit. Section C. Operation and Maintenance of Pollution Controls 1. Certified Operator Upon classification of the permitted facility by the Certification Commission, the Permittee shall employ a certified water pollution control treatment system operator in responsible charge (ORC)of the water pollution control treatment system.Such operator must hold a certification of the grade equivalent to or greater than the classification assigned to the water pollution control treatment system by the Certification Commission. The Permittee must also employ one or more certified Back-up ORCs who possess a currently valid certificate of the type of the system. Back-up ORCs must possess a grade equal to(or no more than one grade less than) the grade of the system[15A NCAC 8G.02011. The ORC of each Class I facility must: ➢ Visit the facility as often as is necessary to insure proper operation of the treatment system;the treatment facility must be visited at least weekly ➢ Comply with all other conditions of 15A NCAC 8G.0204. The ORC of each Class II,III and IV facility must: ➢ Visit the facility as often as is necessary to insure proper operation of the treatment system;the treatment facility must be visited at least five days per week,excluding holidays Properly manage and document daily operation and maintenance of the facility ➢ Comply with all other conditions of 15A NCAC 8G.0204. Once the facility is classified, the Permittee shall submit a letter to the Certification Commission designating the operator in responsible charge: a. Within 60 calendar days prior to wastewater being introduced into a new system b. Within 120 calendar days of: ➢ Receiving notification of a change in the classification of the system requiring the designation of a new ORC and back-up ORC ➢ A vacancy in the position of ORC or back-up ORC. Version 1012912010 1 PDES Permit Standard Conditions Page 7 of 18 2. Proper Operation and Maintenance The Permittee shall at all times provide the operation and maintenance resources necessary to operate the j existing facilities at optimum efficiency. The Permittee shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) which are installed or used by the Permittee to achieve compliance with the conditions of this permit. Proper operation and maintenance also includes adequate laboratory controls and appropriate quality assurance procedures. This provision requires the Permittee to install and operate backup or auxiliary facilities only when necessary to achieve compliance with the conditions of the permit[40 CFR 122.41 (e)]. NOTE: Properly and officially designated operators are fully responsible for all proper operation and maintenance of the facility, and all documentation required thereof, whether acting as a contract operator [subcontractor]or a member of the Permittee s staff. 3. Need to Halt or Reduce not a Defense It shall not be a defense for a Permittee in an enforcement action that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the condition of this permit[40 CFR 122.41 (c)]• 4. Bypassing of Treatment Facilities a. Bypass not exceeding limitations[40 CFR 122.41 (m) (2)] The Permittee may allow any bypass to occur which does not cause effluent limitations to be exceeded, but only if it also is for essential maintenance to assure efficient operation. These bypasses are not subject to the provisions of Paragraphs b.and c. of this section. b. Notice [40 CFR 122.41 (m) (3)] (1) Anticipated bypass. If the Permittee knows in advance of the need for a bypass, it shall submit prior notice, if possible at least ten days before the date of the bypass; including an evaluation of the anticipated quality and effect of the bypass. (2) Unanticipated bypass. The Permittee shall submit notice of an unanticipated bypass as required in Part II.E. 6. (24-hour notice). c. Prohibition of Bypass (1) Bypass from the treatment facility is prohibited and the Permit Issuing Authority may take enforcement action against a Permittee for bypass,unless: (A) Bypass was unavoidable to prevent loss of life,personal injury or severe property damage; (B) There were no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities, retention of untreated wastes or maintenance during normal periods of equipment downtime. This condition is not satisfied if adequate backup equipment should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventive maintenance;and (C) The Permittee submitted notices as required under Paragraph b.of this section. (2) Bypass from the collection system is prohibited and the Permit Issuing Authority may take enforcement action against a Permittee for a bypass as provided in any current or future system-wide. collection system permit associated with the treatment facility. (3) The Permit Issuing Authority may approve an anticipated bypass,after considering its adverse effects, if the Permit Issuing Authority determines that it will meet the three conditions listed above in Paragraph c. (1)of this section. 5. 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. Version 1012912010 i C) IPDES Permit Standard Conditions Page 8 of 18 ----b.Conditions_necessar_y_for_a_demonstration_of upset Any Bermittee who. wishes to establish the affirmative defense of upset shall demonstrate,through properly signed,contemporaneous operating logs, or other relevant evidence that: (1)An upset occurred and that the Permittee can identify the cause(s)of the upset; (2)The Permittee facility was at the time being properly operated;and (3)The Permittee submitted notice of the upset as required in Part II.E.6. (b)of this permit. (4)The Permittee complied with any remedial measures required under Part II.B.2.of this permit. c. Burden of proof[40 CFR 122.41 (n) (4)]: The Permittee seeking to establish the occurrence of an upset has the burden of proof in any enforcement proceeding. 6. Removed Substances Solids, sludges, filter backwash, or other pollutants removed in the course of treatment or control of wastewaters shall be utilized/disposed of in accordance with NCGS 143-215.1 and in a manner such as to prevent any pollutant from such materials from entering waters of the State or navigable waters of the United States. The Permittee shall comply with all existing Federal regulations governing the disposal of sewage sludge. Upon promulgation of 40 CFR Part 503, any permit issued by the Permit Issuing Authority for the utilization/disposal of sludge may be reopened and modified, or revoked and reissued, to incorporate applicable requirements at 40 CFR 503. The Permittee shall comply with applicable 40 CFR 503 Standards for the Use and Disposal of Sewage Sludge (when promulgated)within the time provided in the regulation, even if the permit is not modified to incorporate the requirement. The Permittee shall notify the Permit Issuing Authority of any significant change in its sludge use or disposal practices. _ 7. Power Failures The Permittee is responsible for maintaining adequate safeguards (as required by 15A NCAC 2H.0124) to prevent the discharge of untreated or inadequately treated wastes during electrical power failures either by means of alternate power sources,standby generators or retention of inadequately treated effluent. Section D. Monitoring and Records 1. Representative Sampling Samples collected and measurements taken, as required herein, shall be characteristic of the volume and nature of the permitted discharge. Samples collected at a frequency less than daily shall be taken on a day and time that is characteristic of the discharge over the entire period the sample represents. All samples shall be taken at the monitoring points specified in this permit and,unless otherwise specified,before the effluent joins or is diluted by any other wastestream,body of water, or substance. Monitoring points shall not be changed without notification to and the approval of the Permit Issuing Authority[40 CFR 122.41 (j)]. 2. Reporting Monitoring results obtained during the previous month(s) shall be summarized for each month and reported on a monthly Discharge Monitoring Report (DMR) Form(MR 1, 1.1,2,3) or alternative forms approved by the Director, postmarked no later than the last calendar day of the month following the completed reporting period. The first DMR is due on the last day of the month following the issuance of the permit or in the case of a new facility, on the last day of the month following the commencement of discharge. Duplicate signed copies of these,and all other reports required herein,shall be submitted to the following address: NC DENR/ Division of Water Quality / Surface Water Protection Section ATTENTION:Central Files 1617 Mail Service Center Raleigh,North Carolina 27699-1617 3. Flow Measurements Appropriate flow measurement devices and methods consistent with accepted scientific practices shall be selected and used to ensure the accuracy and reliability of measurements of the volume of monitored discharges. The devices shall be installed, calibrated and maintained to ensure that the accuracy of the Version 1012912010 j r PDES Permit Standard Conditions Page 9 of 18 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. 5. Penalties for Tampering The CWA provides that any person who falsifies, tampers with, or knowingly renders inaccurate, any monitoring device or method required to be maintained under this permit shall,upon conviction,be punished by a fine of not more than$10,000 per violation,or by imprisonment for not more than two years per violation, or by both. If a conviction of a person is for a violation committed after a first conviction of such person under this paragraph,punishment is a fine of not more than$20,000 per day of violation,or by imprisonment of not more than 4 years,or both[40 CFR 122.41]. 6. Records Retention Except for records of monitoring information required by this permit related to the Permittee's sewage sludge use and disposal activities, which shall be retained for a period of at least five years (or longer as required by 40 CFR 503),the Permittee shall retain records of all monitoring information,including: ➢ all calibration and maintenance records ➢ all original strip chart recordings for continuous monitoring instrumentation ➢ copies of all reports required by this permit ➢ copies of all data used to complete the application for this permit These records or copies shall be maintained for a period of at least 3 years from the date of the sample, measurement, report or application. This period may be extended by request of the Director at any time [40 CFR 122.41]. 7. Recording Results For each measurement or sample taken pursuant to the requirements of this permit,the Permittee shall record the following information[40 CFR 122.411: a. The date,exact place,and time of sampling or measurements; b. The individual(s)who performed the sampling or measurements; Version 1012912010 PDES Permit Standard Conditions Page 10 of 18 c.--The date(s)_ana_1_yses were performed; d. The individual(s)who performed the analyses; e. The analytical techniques or methods used;and f. The results of such analyses. 8. Inspection and Entry The Permittee shall allow the Director, or an authorized representative (including an authorized contractor acting as a representative of the Director),upon the presentation of credentials and other documents as may be required by law,to; a. Enter upon the Permittee's premises where a regulated facility or activity is located or conducted, or where records must be kept under the conditions of this permit; 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). c. The alteration or addition results in a significant change in the Permittee's sludge use or disposal practices, and such alteration,addition or change may justify the application of permit conditions that are different from or absent in the existing permit,including notification of additional use or disposal sites not reported during the permit application process or not reported pursuant to an approved land application plan. 3. Anticipated Noncompliance The Permittee shall give advance notice to the Director of any planned changes to the permitted facility or other activities that might result in noncompliance with the permit[40 CFR 122.41 (1) (2)]. 4. Transfers This permit is not transferable to any person without approval from the Director. The Director may require modification or revocation and reissuance of the permit to document the change of ownership. Any such action may incorporate other requirements as may be necessary under the CWA[40 CFR 122.41 (1) (3)]. 5. Monitoring Reports Monitoring results shall be reported at the intervals specified elsewhere in this permit[40 CFR 122.41 (1) (4)]. a. Monitoring results must be reported on a Discharge Monitoring Report (DMR) (See Part II. D. 2) or forms provided by the Director for reporting results of monitoring of sludge use or disposal practices. Version 1012912010 d a CIPDES Permit Standard Conditions Page 11 of 18 b. If the Permittee monitors any pollutant more frequently than required by this permit, the results of such monitoring shall be included in the calculation and reporting of the data submitted on the DMR. 6. Twenty-four Hour Reporting a. The Permittee shall report to the Director or the appropriate Regional Office any noncompliance that potentially threatens public health or the environment.Any information shall be provided orally within 24 hours from the time the Permittee became aware of the circumstances. A written submission shall also be provided within 5 days of the time the Permittee becomes aware of the circumstances. The written submission shall contain a description of the noncompliance, and its cause; the period of noncompliance, including exact dates and times,and if the noncompliance has not been corrected,the anticipated time it is expected to p 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. 10. _Availability of Reports Except for data determined to be confidential under NCGS 143-215.3 (a)(2) or Section 308 of the Federal Act,33 USC 1318, all reports prepared in accordance with the terms shall be available for public inspection at the offices of the Division. As required by the Act, effluent data shall not be considered confidential. Knowingly making any false statement on any such report may result in the imposition of criminal penalties as provided for in NCGS 143-215.1(b)(2)or in Section 309 of the Federal Act. 11. Penalties for Falsification of Reports The CWA provides that any person who knowingly makes any false statement,representation,or certification in any record or other document submitted or required to be maintained under this permit, including monitoring reports or reports of compliance or noncompliance shall,upon conviction,be punished by a fine of not more than$25,000 per violation,or by imprisonment for not more than two years per violation,or by both [40 CFR 122.41]. Version 1012912010 rYDES Permit Standard Conditions Page 12 of 18 ---12.—Annual-Per-formance-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 1012912010 I� DES Permit Standard Conditions Page 13 of 18 PART III OTHER REQUIREMENTS Section A. Construction i The Permittee shall not commence construction of wastewater treatment facilities,nor add to the plant's treatment capacity, nor change the treatment process(es) utilized at the treatment plant unless the Division has issued an Authorization to Construct(AtC)permit. Issuance of an AtC will not occur until Final Plans and Specifications for the proposed 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 ug/L); (2) Two hundred micrograms per liter(200 pg/L)for acrolein and acrylonitrile;five hundred micrograms per liter (500 Fg/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 lag/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. Version 1012912010 } C"TPDES Permit Standard Conditions Page 14 of 18 -- --- ---P-AR-T—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(j)] Interference Inhibition or disruption of the POTW treatment processes;operations;or its sludge process,use,or disposal which causes or contributes to a violation of any requirement of the POTW's NPDES Permit or prevents sewage sludge use or disposal in compliance with specified applicable State and Federal statutes, regulations, or permits. [15A NCAC 2H.0903(b) (13)] Pass Through A discharge which exits the POTW into waters of the State in quantities or concentrations which, alone or with discharges from other sources, causes a violation, including an increase in the magnitude or duration of a violation,of the POTW's NPDES permit,or of an instream water quality standard. [15A NCAC 2H.0903(b) (23)] Publicly Owned Treatment Works(POTW) A treatment works as defined by Section 212 of the CWA, owned by a State or local government entity. This definition includes any devices and systems used in the storage,treatment,recycling and reclamation of municipal sewage or industrial wastes of a liquid nature. It also includes sewers, pipes, and other conveyances only if they convey wastewater to a POTW. The term also means the local government entity, or municipality, as defined in section 502(4) of the CWA, which has jurisdiction over indirect discharges to and the discharges from such a treatment works. [15A NCAC 2H.0903(b) (27)] "Significant Industrial User"or"SIU" An industrial user that discharges wastewater into a publicly owned treatment works and that [15A NCAC 2H.0903(b) (34)1: (a) discharges an average of 25,000 gallons or more per day of process wastewater to the POTW (excluding sanitary,noncontact cooling and boiler blowdown wastewaters)or; (b) contributes more than 5 percent of the design flow of the POTW treatment plant or more than 5 percent of the maximum allowable headworks loading of the POTW treatment plant for any pollutant of concern,or; (c) is required to meet a national categorical pretreatment standard,or; (d) is, regardless of Parts (a), (b), and (c) of this definition, otherwise determined by the POTW, the Division, or the EPA to have a reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirement or POTW's receiving stream standard, or to limit the POTW's sludge disposal options. Section B. Publicly Owned Treatment Works (POTWs) All POTWs are required to prevent the introduction of pollutants into the POTW which will interfere with the operation of the POTW, including interference with its use or disposal of municipal sludge, or pass through the treatment works or otherwise be incompatible with such treatment works. [40 CFR 403.21 All POTWs must provide adequate notice to the Director of the following[40 CFR 122.42(b)]: 1. Any new introduction of pollutants into the POTW from an indirect discharger, regardless of the means of transport, which would be subject to section 301 or 306 of CWA if it were directly discharging those pollutants;and 2. Any substantial change in the volume or character of pollutants being introduced by an indirect discharger as influent to that POTW at the time of issuance of the permit. Version 1012912010 f DES Permit Standard Conditions l � y Page 15 of 18 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 industries using the municipal system may be present in the Permittee's discharge.At such time as sufficient information becomes available to establish limitations for such pollutants, this permit may be revised to specify effluent limitations for any or all of such other pollutants in accordance with best practicable technology or water quality standards. 2. Prohibited Discharges a. Under no circumstances shall the Permittee allow introduction of pollutants or discharges into the waste treatment system or waste collection system which cause or contribute to Pass Through or Interference as defined in 15A NCAC 21-1.0900 and 40 CFR 403. [40 CFR 403.5(a) (1)] b. Under no circumstances shall the Permittee allow introduction of the following wastes in the waste treatment or waste collection system[40 CFR 403.5 (b)]: (1) Pollutants which create a fire or explosion hazard in the POTW, including, but not limited to, wastestreams with a closed cup flashpoint of less than 140 degrees Fahrenheit or 60 degrees Centigrade using the test methods specified in 40 CFR 261.21; (2) Pollutants which cause corrosive structural damage to the POTW,but in no case discharges with pH lower than 5.0,unless the works is specifically designed to accommodate such discharges; (3) Solid or viscous pollutants in amounts which cause obstruction to the flow in the POTW resulting in Interference; (4) Any pollutant, including oxygen demanding pollutants (BOD, etc.) released in a Discharge at a flow rate and/or pollutant concentration which will cause Interference with the POTW; (5) Heat in amounts which will inhibit biological activity in the POTW resulting in Interference,but in no case heat in such quantities that the temperature at the POTW Treatment Plant exceeds 400C (104°F) unless the Division,upon request of the POTW,approves alternate temperature limits; (6) Petroleum oil, 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; (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;and if the discharge has not ceased, the anticipated time it is expected to continue;and steps taken or planned to reduce,eliminate,and prevent reoccurrence of the noncompliance, 3. With regard to the effluent requirements listed in Part I of this permit,it may be necessary for the Permittee to supplement the requirements of the Federal Pretreatment Standards (40 CFR, Part 403) to ensure compliance by the Permittee with all applicable effluent limitations. Such actions by the Permittee may be necessary regarding some or all of the industries discharging to the municipal system. 4. The Permittee shall require any Industrial User discharging to the POTW to meet Federal Pretreatment Standards developed under Section 307(b) of the Act as amended (which includes categorical standards and Version 1012912010 ('\1PDES Permit Standard Conditions Page 16 of 18 .___—specific-locallimits,_best_management_px&ctisesand narrative requirements). Prior to accepting wastewater from any Significant Industrial User, the Permittee shall either develop and submit to the Division a new Pretreatment Program or a modification of an existing Pretreatment Program, for approval as required under section D below as well as 15A NCAC 2H.0907(a)and(b). [40 CFR 122.44(j) (2)] 5. This permit shall be modified, or alternatively,revoked and reissued, to incorporate or modify an approved POTW Pretreatment Program or to include a compliance schedule for the development of a POTW Pretreatment Program as required under Section 402 (b) (8) of the CWA and implementing regulations or by the requirements of the approved State pretreatment program,as appropriate. Section D. Pretreatment Programs Under authority of sections 307 (b) and (c) and 402 (b) (8) of the CWA and implementing regulations 40 CFR 403, North Carolina General Statute 143-215.3 (14) and implementing regulations 15A NCAC 2H.0900, and in accordance with the approved pretreatment program, all provisions and regulations contained and referenced in the Pretreatment Program Submittal are an enforceable part of this permit. [40 CFR 122.44(j) (2)] The Permittee shall operate its approved pretreatment program in accordance with Section 402 (b) (8) of the CWA, 40 CFR 403,15A NCAC 21-1.0900,and the legal authorities,policies,procedures,and financial provisions contained in its pretreatment program submission and Division approved modifications thereof. Such operation shall include but is not limited to the implementation of the following conditions and requirements. Terms not defined in Part II or Part IV of this permit are as defined in 15A NCAC 2H.0903 and 40 CFR 403.3. 1. Sewer Use Ordinance(SUO) The Permittee shall maintain adequate legal authority to implement its approved pretreatment program. [15A NCAC 2H.0905 and.0906;40 CFR 403.8(f) (1)and 403.9(b)(1),(2)] 2. Industrial Waste Survey(IWS) The permittee shall implement an IWS consisting of the survey of users of the POTW, as required by 40 CFR 403.8 (f) (2) (i-iii) and 15A NCAC 21-1.0905 [also 40 CFR 122.44 (j) (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. 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. 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.S.). [15A NCAC 2H.0906(b) (2)and.0905] 4. Headworks Analysis(HWA)and Local Limits The Permittee shall obtain Division approval of a HWA at least once every five years, and as required by the Division. Within 180 days of the effective date of this permit (or any subsequent permit modification) the 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. Pursuant to 40 CFR 403.5, local limits are enforceable Pretreatment Standards as defined by 40 CFR 403.3(1). 5. Industrial User Pretreatment Permits(IUP)&Allocation Tables In accordance with NCGS 143-215.1, the Permittee shall issue to all significant industrial users, permits for operation of pretreatment equipment and discharge to the Permittee's treatment works. These permits shall contain limitations, sampling protocols,reporting requirements, appropriate standard and special conditions, and compliance schedules as necessary for the installation of treatment and control technologies to assure that their wastewater discharge will meet all applicable pretreatment standards and requirements. The Permittee shall maintain a current Allocation Table (AT) which summarizes the results of the HWA and the limits from Version 1012912010 �_'?DES Permit Standard Conditions Page 17 of 18 all IUPs. Permitted IUP loadings for each parameter cannot exceed the treatment capacity of the POTW as determined by the HWA. [15A NCAC 2H.0909, .0916, and .0917; 40 CFR 403.5, 403.8 (f) (1) (iii); NCGS 143- 215.67(a)] 6. Authorization to Construct(AtC) The Permittee shall ensure that an Authorization to Construct permit (AtC) is issued to all applicable industrial users for the construction or modification of any pretreatment facility. Prior to the issuance of an AtC, the proposed pretreatment facility and treatment process must be evaluated for its capacity to comply with all Industrial User Pretreatment Permit (IUP) limitations. [15A NCAC 2H.0906 (b) (6) and .0905; NCGS 143-215.1 (a) (8)] 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 2H .0908(d); 40 CFR 403.8(f)(2)(v)] The Permittee must: a. Inspect all Significant Industrial Users(SIUs)at least once per calendar year;and b. Sample all Significant Industrial Users (SIUs) at least twice per calendar year for all permit-limited pollutants,once during the period from January 1 through June 30 and once during the period from July 1 through December 31, except for organic compounds which shall be sampled at least once per calendar year; For the purposes of this paragraph, "organic compounds" means the types of compounds listed in 40 CFR 136.3(a),Tables IC,ID,and IF,as amended. 8. IU Self Monitoring and Reporting The Permittee shall require all industrial users to comply with the applicable monitoring and reporting requirements outlined in the Division-approved pretreatment program,the industry's pretreatment permit, or in 15A NCAC 2H .0908. [15A NCAC 2H .0906(b)(4) and .0905; 40 CFR 403.8(f)(1)(v) and (2)(iii); 40 CFR i 122.44(j)(2)and 40 CFR 403.12] 9. Enforcement Response Plan(ERP) The Permittee shall enforce and obtain appropriate remedies for violations of all pretreatment standards promulgated pursuant to section 307(b) and (c) of the 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 remedies, enforcement actions and other, shall be consistent with the Enforcement Response Plan (ERP) approved by the Division. [15A NCAC 2H.0906(b)(7)and.0905; 40 CFR 403.8(f)(5)] 10. Pretreatment Annual Reports(PAR) The Permittee shall report to the Division in accordance with 15A NCAC 2H .0908. In lieu of submitting annual reports,Modified Pretreatment Programs developed under 15A NCAC 2H.0904(b)may be required to submit a partial annual report or to meet with Division personnel periodically to discuss enforcement of pretreatment requirements and other pretreatment implementation issues. 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/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 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); i Version 1012912010 f PDES Permit Standard Conditions Page 18 of 18 b.)_P_retreatmentl'r_ogram_Summax�.(_PPS)-.._____ A pretreatment program summary(PPS)on specific forms approved by the Division; c.) Significant Non-Compliance Report(SNCR) The nature of the violations and the actions taken or proposed to correct the violations on specific forms approved by the Division; d.) Industrial Data Summary Forms(IDSF) Monitoring data from samples collected by both the POTW and the Significant Industrial User (SIU) in SNC.These analytical results must be reported on Industrial Data Summary Forms(IDSF)or other specific format approved by the Division; e.) Other Information Copies of the POTW's allocation table, new or modified{enforcement compliance schedules, public notice of 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. [15A NCAC 2H .0903(b)(35), .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. [15A NCAC 2H.0908(f); 40 CFR 403.12(o)] 13. Funding and Financial Report The Permittee shall maintain adequate funding and staffing levels to accomplish the objectives of its approved pretreatment program. [15A NCAC 2H.0906(a)and.0905;40 CFR 403.8(f)(3),403.9(b)(3)] 14. Modification to Pretreatment Programs Modifications to the approved pretreatment program including but not limited to local limits modifications, POTW monitoring of their Significant Industrial Users (SIUs), and Monitoring Plan modifications, shall be considered a permit modification and shall be governed by 40 CFR 403.18,15 NCAC 2H .0114 and 15A NCAC 2H.0907. Version 1012912010 a p DENR/DWQ FACT SHEET FOR NPDES PERM19F DEVELOPMENT NPDES No.NC0087891 Revised: 5131111 ' Facility Information Applicant/Facility Name: East Yancey Water& Sewer District- South Toe River WWTP, Applicant Address: County Court House, 110 Town Square, Room 11, Burnsville, NC 28714 Facility Address: Wyatt Town Road,Micaville, NC ' Permitted Flow 0.125 MGD Type of Waste: 100% domestic Facility/Permit Status: Class II/Active; Renewal (Plant not built, A to C under review) County: Yan ,County Miscellaneous Receiving Stream: South Toe River Stream Classification: C, Trout Subbasin: 04-03-06 Index No. 7-2-52-(30.5) Drainage Area(mi ): 59.9 303(d) Listed? No Summer 7Q10 (cfs) 26.5 Regional Office: Asheville Winter 7Q10 (cfs): 34.5 State Grid /USGS DIONW Quad: Micaville,NC 30Q2 (cfs) 50.9 HUC: 06010108 Average Flow (cfs): 176.0 Permit Writer: Ron Berry IWC %): 1 0.73% Date: Revised: 5131111 BACKGROUND The East Yancey Water & Sewer District has applied for renewal of its NPDES pen-nit to discharge 0.125 MGD of 100%treated domestic wastewater to the South Toe River in the French Broad River Basin. A population of 1,156 will be serviced by this regional treatment facility. The facility has not been built but the Pennittee has applied for an Authorization to Construction (A to Q. This segment of the South Toe River is classified as C, Trout and is not impaired. However, the South Toe River is a habitat for the endangered Appalachian elktoe mussel. The South Toe River flows into the North Toe River 5.7 miles downstream from this discharge. Mining activity along the North Toe River contribute to turbidity concerns in the North Toe River. Upstream from the discharge, starting at the source of the South Toe River to a point 2.5 miles upstream of this discharge, is classification as B, Trout, ORW. HISTORY The Pennittee received a NPDES permit to discharge 0.125 MGD of 100% treated domestic wastewater in April 2005. It was determined that secondary treatment standards were applicable and a level B model indicated the waste load allocation was acceptable for the receiving stream. The minimum summertime downstream dissolved oxygen level was predicted to be 7.66 mg/l, well above the applicable standard 6.0 mg/l. Based on the IWC of 0.73% a maximum allowable Total Residual Chlorine (TRC)was calculated and included in the permit. A special condition was included to reopen the permit if either a new ammonia water quality standard was adopted or if a site specific ammonia standard was developed. The applicable ammonia strategy for this discharge has not changed. Additional instreain sampling for ammonia as nitrogen (NH3-N) and TRC were included in the permit. Fact Sheet NPDES NC00 87891 Page 1 of 4 A pen-nit requirement to complete a site-specific impact survey on theendangered Appalachian elktoe mussel, based on the outfall location prior to construction, was completed in June 2006. During the survey, a dye study was also conducted. As a result the location for the outfall was defined. A recommendation to design and add an end of pipe diffuser that signs on the-river bed — - at mid stream was incorporated into the treatment plant design submitted to Construction Grants and Loans. In Addition the Pennittee obtained funding and has incorporate UV and tertiary filters in the final plant design as agreed upon in the 2005 pennit cover letter. UPDATE AND RESPONSE T&COMMENTS During the draft comment period, renewal of the construction 404 Certification permit was initiated and several comments on the draft pen-nit were received, resulting in additional review and resolution before issuing a final pen-nit. The 404 Certification is a pen-nit issued by the US Corp of Engineers, its renewal was not completed until April 2011 and allowed the new pen-nit to be aligned with the subbasin'renewal schedule of February 29, 2016. As a pre-requisite for the 404 Certification renewal, a new mussel survey was required along with recommendations from US Fish and Wildlife Service (USF&WS). The Division concluded the 404 Certification renewal would most likely impacted the NPDES permit requirements. As a result, the Division waited for the 404 Certification renewal to be approved, and requested a letter from USF&WS providing recommendations for any items pertinent to the NPDES permit. There were some other requirements related to construction that were addressed directly to the other agencies/parties involved. The Southern Environmental Law Center provided comments on behalf of the Western Carolina Alliance and the French Broad Riverkeeper and stated that the draft pen-nit did not adequately protected the endangered species, that the stream should be reclassified, that this pen-nit should not be addressed as a renewal but as a new permit, and that the Division and State could be held liable. One of USF&WS primary legal responsibilities is the monitoring and protection of endangered species, as such their expertise and involvement in the development of the final pen-nit provides validation to the final permit. The Division worked diligently with USF&WS as well as other agencies to address their concerns and recommendations. This is a renewal, and stream reclassification is not applicable, these items are subject to their own statutory regulations. Additional comments were received and reviewed from NC Wildlife Resources Commission (NCWRC) who provided commentary on the importance of this stream location, acknowledged the positive impacts of the proposed treatment upgrades,recommended more aggressive instream NH3-N monitoring for modeling purposes, and supported the continuance of the ammonia re- opener condition. Starli McDowell with Toe River Valley Watch also provided comments. Where appropriate the Whittier Sanitary District WWTP (Whittier), a similar type discharge and receiving stream system familiar to US Fish and Wildlife Service and other agencies, was used as a template for conditional narratives. PROPOSED TREATMENT PROCESS The final design submitted for construction utilizes two parallel 114,000 gallon Sequencing Batch Reactor (SBR) tanks followed by a common 21,100 gallons post equalization tank. Influent enters a manual bar screen system and then into a value box that controls the flow to the SBR tanks. An influent composite sampler collects samples as the wastewater exists the bar screen. The treated wastewater from the post equalization basin is pumped through either of the two tertiary filters. Filtered wastewater is then passed through a UV system for disinfection. An Fact Sheet , NPDES NC00 87891 Page 2 of 4 effluent flow meter systei(Ath recording capability is located dcistream of the UV system. The effluent composite collects samples adjacent to the meter. The treated wastewater continues through a gravity pipe to the outfall diffuser. A submerged 12 port diffuser with 2 inch diameter ports and integrated strainers extends approximately 25 feet into the main river channel. The design distributes the treated wastewater in the receiving stream water column and directs flow away from the river bed. The settled solids from the SBR tanks are sent to a 63,000 gallon aerobic digester. As required solids are pumped and accumulated in.the digester. A transfer pump is used to pump the final sludge waste to a truck load out station. The Permittee has an agreement with the Town of Burnsville WWTP to take the solids for further processing as a soil conditioner. The backwash water from the filters is routed back to the headworks and mixed with the influent. A stand-by generator is available. Other support equipment items such as blowers, pumps, decanters, and controls are incorporated into the treatment system. PERMITTING STRATEGY There is no data to review since this facility has not been constructed. The current permit required mussel survey was completed, and the location and orientation of the diffuser was detennined. There have been no changes to applicable water quality standards or.to the waste load allocation for this permit. The change to UV disinfection with standby power has made the TRC requirement conditional. Recommendations from USF&WS and NCWRC were incorporated into this permit. Where appropriate the Whittier Sanitary District WWTP, a similar type discharge and receiving stream system familiar to USF&WS and other agencies, was used as a template for conditional narratives. The following changes to the effluent page requirements and narrative will occur: 1) Replace the TRC monitoring/limits with a conditional narrative based on the change to UV disinfection 2) Remove TRC instreamn monitoring based on the change to UV disinfection 3) Revise narrative to reflect the proposed outfall diffuser 4) Increase NH3-N effluent monitoring to weekly based on USF&WS and NCWRC recommendations 5) Expand NH3-N instream monitoring to year round with seasonal frequencies based on USF&WS and NCWRC recommendations 6) Amend instream sample locations to approximately 25 feet to allow adjustment for stream configuration and last survey known mussels location based on USF&WS recommendations 7) Add narrative footnote to define instream NH3-N sampling protocol based on USF&WS recommendations 8) Add narrative conditional footnote to instream summer NH3-N to allow request for monitoring reduction to 2/month after 2 years of data reported and if no impact to mussels based on Whittier permit The following changes to special conditions will occur: 9) Mussel survey was completed, remove condition no longer applicable Fact Sheet NPDES NC00 87891 Page 3 of 4 10)Revise Ammonia f-)pener condition to include addition ction if instream N"H3-N " concentration above the standard that protects the mussels are exceeded, and this discharge is detennined to be the source based on USF&WS recommendations Based on the proposed plant design information from the pending the A to C the supplemental page narrative was revised. SUMMARY OF PROPOSED CHANGES In keeping with Divi§ion policies the following changes will be incorporated'into the permit: • Effluent page: replace TRC monitoring, limits, and footnote with conditional narrative. • Effluent page: remove instream TRC monitoring, not applicable • Effluent page: revise narrative to include proposed diffuser • Effluent page: increase effluent NH3-N monitoring to weekly • Effluent page: increase instream NH3-N monitoring to year round/seasonal • Effluent page: add conditional footnote for instream summer NH3-N monitoring reduction • Effluent page: add footnote to clarify instream NH3-N sampling protocol • Effluent page: revise instream locations narrative to approximately 25 feet • Supplemental page: revise narrative to reflect proposed treatment plant components. • Special Condition Outfall Survey: completed ,remove condition not applicable • Special Condition Ammonia Reopener: add conditional narrative for detennining events and actions accountable to the permittee PROPOSED SCHEDULE FOR PERMIT ISSUANCE Draft Permit to Public Notice: June 9, 2010 Permit Scheduled to Issue: June 2011 NPDES DIVISION CONTACT If you have questions regarding any of the above information or on the attached permit, please contact Ron Berry at(919) 807-6396 or email ron.berry@ncdenr.goJv. NAME: 2MDATE: �l / REGIONAL OFFICE COMMENTS NAME: DATE: SUPERVISOR: DATE: Fart Sheet 14 NPDES NC00 87891 Page 4 of 4 NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen W. Sullins 6—T-46man Governor Director _ Secretary December 4, 2009 DEC - 7 2009 NAT HAN BENNETT COUNTY MANAGER Wn;iER(!U/' JTY6FC['101 YANCEY COUNTY �, J„ ASH[-_'JILI_L F;LriOPJAI_U I f COUNTY COURT HOUSE - 110 TOWN SQUARE,ROOM 11 . ,„�..�a.,,.,� y BURNSVILLE NC 28714 Subject: Receipt of permit renewal application NPDES Permit NCO087891 South Toe River WWTP Yancey County Dear Mr. Bennett: The NPDES Unit received your permit renewal application on October 20,2009. A member of the NPDES Unit will review your application. They will contact you if additional information is required to complete your permit renewal. You should expect to receive a draft permit approximately 30-45 days before your existing permit expires. If you have any additional questions concerning renewal of the subject permit,please contact Tom Belnick at (919) 807-6390. Sincerely, Dina Sprinkle Point Source Branch cc: CENTRAL FILES Asheville Regional Office/Surface Water Protection NPDES Unit Nathan D. Bowe, E.I.T., Engineering Associate, McGill Associates, P.A., PO Box 2259, Asheville, NC 28802 1617 Mail Service Center,Raleigh,North Carolina 27699-1617 Location:512 N.Salisbury St.Raleigh,North Carolina 27604 One Phone:919-807-63001 FAX:919-807-64921 Customer Service:1-877-623-6748 NorthCarolln.a Internet:www.ncwaterquality.org �l�tllrR`�lf An Equal opportunity 1 Affirmative Action Employer l j th. 12mcr r:. l� �� DEC - 7 2009 A S S O C I A T E S' k t V'AFLEH-i 1,1%1IT`r "i( J q "? October 16, 2009 ' AS ' i' I ; 'V c C i ' 9 Mrs.Dina Sprinkle 1VELJ North Carolina Department of Environment OCT2 O and Natural Resources 200,9 Division of Water Quality/Point Source Branch 1617 Mail Service Center DENR - WATER Raleigh,North Carolina 27699-1617 POINT SOU OUAL�IY RE: East Yancey Water and Sewer �E p�NCH NPDES Permit No.NCO087891 Renewal Yancey County,North Carolina Dear Mrs. Sprinkle: On behalf of the East Yancey Water and Sewer District and per the renewal notice from Mr. Charles Weaver, Jr. dated August 21, 2009, please find enclosed for your review the following items relating to the above referenced project: • NPDES Form 2A signed by Mr.Nathan Bennett, Yancey County Manager • Residuals Management Plan for the future East Yancey Wastewater Treatment Plant • Residuals Acceptance letter from the Town of Burnsville The purpose of this application is to renew NPDES Permit No. NCO087891 in support of the construction of a new wastewater treatment facility serving the East Yancey Water and Sewer District. Construction of the facility has yet to begin, so obviously there have been no changes since the original permit was awarded. Should you have any questions regarding this application, please do not hesitate to contact me by phone or email. Sincerely, McGILL ASSOCIATES, P.A. Nathan D. Bowe,E.I.T. Engineering Associate Enclosures cc: Nathan Bennett, Yancey County Manager(w/enclosures) Harry Buclaler, P.E., McGill Associates 01743\dsI6oct09.doc E n g i n e e r i n g P l a n n i n g F i n a n c e McGill Associates, P.A. - P.O. Box 2259, Asheville, NC 28802 - 55 Broad Street, Asheville, NC 28801 828-252-0575 r Fax: 828-252-2518 i I i FACILITY NAME AND PERMIT NUMBER: PERMIT ACTION REQUESTED: RIVER BASIN: South Toe River Wastewater Treatment Facility, Renewal French Broad NCO087891 FORM F 2A INPDES i, RSK 2°A,�A 'F�L,�CA 'I ��r OUE `hlil NPDES APPLICATION OVERVIEW Form 2A has been developed in a modular format and consists of a "Basic Application Information" packet and a "Supplemental Application Information" packet. The Basic Application Information packet is divided into two parts. All applicants must complete Parts A and C. Applicants with a design flow greater than or equal to 0.1 mgd must also complete Part B. Some applicants must also complete the Supplemental Application Information packet. The following items explain which parts of Form 2A you must complete. BASIC APPLICATION INFORMATION: A. Basic Application Information for all Applicants. All applicants must complete questions A.1 through A.8. A treatment works that discharges effluent to surface waters of the United States must also answer questions A.9 through A.12. B. Additional Application Information for Applicants with a Design Flow z 0.1 mgd. All treatment works that have design flows greater than or equal to 0.1 million gallons per day must complete questions B.1 through B.6. C. Certification. All applicants must complete Part C(Certification). SUPPLEMENTAL APPLICATION INFORMATION: D. Expanded Effluent Testing Data. A treatment works that discharges effluent to surface waters of the United States and meets one or more of the following criteria must complete Part D(Expanded Effluent Testing Data): 1. Has a design flow rate greater than or equal to 1 mgd, 2. Is required to have a pretreatment program (or has one in place), or 3. Is otherwise required by the permitting authority to provide the information. E. Toxicity Testing Data. A treatment works that meets one or more of the following criteria must complete Part E(Toxicity Testing Data): 1. Has a design flow rate greater than or equal to 1-mgd, 2. Is required to have a pretreatment program(or has one in place), or 3. Is otherwise required by the permitting authority to submit results of toxicity testing. F. Industrial User Discharges and RCRA/CERCLA Wastes. A treatment works that accepts process wastewater from any significant industrial users(SIUs)or receives RCRA or CERCLA wastes must complete Part F(Industrial User Discharges and RCRA/CERCLA Wastes). SIUs are defined as: 1. All industrial users subject to Categorical Pretreatment Standards under 40 Code of Federal Regulations(CFR)403.6 and 40 CFR Chapter I, Subchapter N (see instructions); and 2. Any other industrial user that: a. Discharges an average of 25,000 gallons per day or more of process wastewater to the treatment works(with certain exclusions); or b. Contributes a process wastestream that makes up 5 percent or more of the average dry weather hydraulic or organic capacity of the treatment plant; or C. Is designated as an SIU by the control authority. G. Combined Sewer Systems. A treatment works that has a combined sewer system must complete Part G(Combined Sewer Systems). ALL APPLICANTS MUST COMPLETE PART C (CERTIFICATION) EPA Form 3510-2A(Rev.1-99). Replaces EPA forms 7550-6&7550-22. Page 1 of 22 FACILITY NAME AND PERMIT NUMBER: PERMIT ACTION REQUESTED: RIVER BASIN: South Toe River Wastewater Treatment Facility, Renewal French Broad NCO087891 BASIC APPLICATION INFORMATION PART A. BASIC APPLICATION INFORMATION FOR ALL APPLICANTS: All treatment works must complete questions A.1 through A.8 of this-Basic Application Information Packet. A.1. Facility Information. Facility Name South Toe River Wastewater Treatment Facility Mailing Address County Court House 110 Town Square Room 11 Burnsville North Carolina 28714 Contact Person Mr. Nathan Bennett Title County Manager Telephone Number (828)682 3971 Facility Address Wyatt Town Road Micaville North Carolina (not P.O.Box) A.2. Applicant Information. If the applicant is different from the above,provide the following: Applicant Name East Yancey Water and Sewer District Mailing Address County Court House 110 Town Square Room 11 — Burnsville North Carolina 28714 Contact Person Mr.Nathan Bennett Title County Manager Telephone Number (828)682 3971 Is the applicant the owner or operator(or both)of the treatment works? ® owner ® operator Indicate whether correspondence regarding this permit should be directed to the facility or the applicant. ❑ facility ® applicant A.3. Existing Environmental Permits. Provide the permit number of any existing environmental permits that have been issued to the treatment works (include state-issued permits). NPDES NCO087891 PSD UIC Other RCRA Other A.4. Collection System Information. Provide information on municipalities and areas served by the facility. Provide the name and population of each entity and,if known,provide information on the type of collection system(combined vs.separate)and its ownership(municipal,private,etc.). Name Population Served Type of Collection System Ownership East Yancey Water 1.156 Separate Municipal and Sewer District Total population served 1,156 EPA Form 3510-2A(Rev.1.99). Replaces EPA forms 7550-6&7550-22. Page 2 of 22 I r , i FACILITY NAME AND PERMIT NUMBER: PERMIT ACTION REQUESTED: RIVER BASIN: South Toe River Wastewater Treatment Facility, Renewal French Broad NCO087891 A.S. Indian Country. a. Is the treatment works located in Indian Country? ❑ Yes ® No b. Does the treatment works discharge to a receiving water that is either in Indian Country or that is upstream from(and eventually flows through) Indian Country? ❑ Yes ® No A.B. Flow. Indicate the design flow rate of the treatment plant(i.e.,the wastewater flow rate that the plant was built to handle). Also provide the average daily flow rate and maximum daily flow rate for each of the last three years. Each year's data must be based on a 12-month time period with the 12'h month of"this year"occurring no more than three months prior to this application submittal. a. Design flow rate 0.125 mgd Two Years Aqo Last Year This Year b. Annual average daily flow rate N/A N/A N/A C. Maximum daily flow rate N/A N/A N/A A.7. Collection System. Indicate the type(s)of collection system(s)used by the treatment plant. Check all that apply. Also estimate the percent contribution(by miles)of each. ® Separate sanitary sewer 100 % ❑ Combined storm and sanitary sewer A.8. Discharges and Other Disposal Methods. a. Does the treatment works discharge effluent to waters of the U.S.? ® Yes(when constructed) ❑ No If yes,list how many of each of the following types of discharge points the treatment works uses: I. Discharges of treated effluent One ii. Discharges of untreated or partially treated effluent iii. Combined sewer overflow points IV, Constructed emergency overflows(prior to the headworks) V. Other b. Does the treatment works discharge effluent to basins,ponds,or other surface impoundments that do not have outlets for discharge to waters of the U.S.? ❑ Yes ® No If yes,provide the following for each surface impoundment: Location: NIA Annual average daily volume discharge to surface impoundment(s) NIA mgd Is discharge ❑ continuous or ❑ intermittent? C. Does the treatment works land-apply treated wastewater? ❑ Yes ® No If yes,provide the following for each land application site: Location: N/A Number of acres: N/A Annual average daily volume applied to site: N/A mgd Is land application ❑ continuous or ❑ intermittent? d. Does the treatment works discharge or transport treated or untreated wastewater to another treatment works? ❑ Yes ® No EPA Form 3510-2A(Rev.1-99). Replaces EPA forms 7550-6&7550-22. Page 3 of 22 FACILITY NAME AND PERMIT NUMBER: PERMIT ACTION REQUESTED: RIVER BASIN: South Toe River Wastewater Treatment Facility, Renewal French Broad NCO087891 If yes,describe the mean(s)by which the wastewater from the treatment works is discharged or transported to the other treatment works (e.g.,tank truck,pipe). N/A If transport is by a party other than the applicant,provide: Transporter Name N/A Mailing Address Contact Person Title Telephone Number ( ) For each treatment works that receives this discharge,provide the following: Name N/A Mailing Address Contact Person Title Telephone Number ( 1 If known,provide the NPDES permit number of the treatment works that receives this discharge N/A Provide the average daily flow rate from the treatment works into the receiving facility. N/A mgd e. Does the treatment works discharge or dispose of its wastewater in a manner not included in A.8.through A.8.d above(e.g.,underground percolation,well injection): ❑ Yes ® No If yes,provide the following for each disposal method: Description of method(including location and size of site(s)if applicable): N/A Annual daily volume disposed by this method: N/A Is disposal through this method ❑ continuous or ❑ intermittent? EPA Form 3510-2A(Rev.1-99). Replaces EPA forms 7550-6&7550-22. Page 4 of 22 FACILITY NAME AND PERMIT NUMBER: PERMIT ACTION REQUESTED: RIVER BASIN: South Toe River Wastewater Treatment Facility, Renewal French Broad NCO087891 WASTEWATER DISCHARGES: If you answered"Yes"to question A.8.a,complete questions A.9 through A.12 once for each outfall(including bypass points)through which effluent is discharged. Do not include information on combined sewer overflows in this section. If you answered"No"to question A.8.a,go to Part B,"Additional Application Information for Applicants with a Design Flow Greater than or Equal to 0.1 mgd." A.9. Description of Outfall. a. Outfall number 001 b. Location N/A (City or town,if applicable) (Zip Code) Yancey North Carolina (County) (State) 35'55'07"N 82'12 28"W (Latitude) (Longitude) C. Distance from shore(if applicable) N/A ft. d. Depth below surface(if applicable) N/A ft. e. Average daily flow rate 0.125(design) mgd f. Does this outfall have either an intermittent or a periodic discharge? ❑ Yes ® No (go to A.9.g.) If yes,provide the following information: Number f times per year discharge occurs: Average duration of each discharge: Average flow per discharge: mgd Months in which discharge occurs: g. Is outfall equipped with a diffuser? ❑ Yes ® No A.10. Description of Receiving Waters. a. Name of receiving water South Toe River b. Name of watershed(if known) French Broad United States Soil Conservation Service 14-digit watershed code(if known): unknown C. Name of State Management/River Basin(if known):French Broad United States Geological Survey 8-digit hydrologic cataloging unit code(if known): unknown d. Critical low flow of receiving stream(if applicable) acute N/A cfs chronic N/A cfs e. Total hardness of receiving stream at critical low flow(if applicable): N/A mg/I of CaCO3 EPA Form 3510-2A(Rev.1-99). Replaces EPA forms 7550-6&7550-22. Page 5 of 22 FACILITY NAME AND PERMIT NUMBER: PERMIT ACTION REQUESTED: RIVER BASIN: South Toe River Wastewater Treatment Facility, Renewal French Broad NCO087891 A.11. Description of Treatment a. What level of treatment are provided? Check all that apply. ® Primary ® Secondary ® Advanced ® Other. Describe: Disc Filter b. Indicate the following removal rates(as applicable): Design BOD5 removal or Design CBOD5 removal 85 % Design SS removal 85 % Design P removal N/A % Design N removal N/A % Other NIA % C. What type of disinfection is used for the effluent from this outfall? If disinfection varies by season,please describe: Ultraviolet If disinfection is by chlorination is dechlorination used for this outfall? ❑ Yes ❑ No N/A Does the treatment plant have post aeration? ❑ Yes ® No A.12. Effluent Testing Information. All Applicants that discharge to waters of the US must provide effluent testing data for the following parameters. Provide the indicated effluent testing required by the permitting authority for each outfall through which effluent is discharged. Do not include information on combined sewer overflows in this section. All information reported must be based on data collected through analysis conducted using 40 CFR Part 136 methods. In addition,this data must comply with QA/QC requirements of 40 CFR Part 136 and other appropriate QA/QC requirements for standard methods for analytes not addressed by 40 CFR Part 136. At a minimum,effluent testing data must be based on at least three samples and must be no more than four and one-half years apart. Outfall number: 001 MAXIMUM DAILY VALUE AVERAGE DAILY VALUE PARAMETER Value Units Value Units Number of Samples pH(Minimum) N/A S.U. pH(Maximum) N/A s.u. VR Flow Rate N/A Temperature(Winter) N/A Temperature(Summer) N/A For pH please report a minimum and a maximum daily value MAXIMUM DAILY AVERAGE DAILY DISCHARGE POLLUTANT DISCHARGE ANALYTICAL Conc. Units Conc. Units Number of METHOD MUMDL Samples CONVENTIONAL AND NON CONVENTIONAL COMPOUNDS BIOCHEMICAL OXYGEN BOD5 N/A DEMAND(Report one) CBOD5 N/A FECAL COLIFORM N/A TOTAL SUSPENDED SOLIDS(TSS) N/A END OF PART A. REFER TO THE APPLICATION OVERVIEW (PAGE 1) TO DETERMINE WHICH OTHER PARTS OF FORM 2A YOU MUST COMPLETE EPA Form 3510-2A(Rev.1-99). Replaces EPA forms 7550-6&7550-22. Page 6 of 22 FACILITY NAME AND PERMIT NUMBER: PERMIT ACTION REQUESTED: RIVER BASIN: South Toe River Wastewater Treatment Facility, Renewal French Broad NCO087891 BASIC APPLICATION INFORMATION PART B. ADDITIONAL APPLICATION INFORMATION FOR APPLICANTS WITH A DESIGN FLOW GREATER THAN OR EQUAL TO 0.1 MGD(100,000 gallons per.day). All applicants with a design flow rate z 0.1 mgd must answer questions B.1 through B.6. All others go to Part C(Certification). B.1. Inflow and Infiltration. Estimate the average number of gallons per day that flow into the treatment works from inflow and/or infiltration. 0 gpd Briefly explain any steps underway or planned to minimize inflow and infiltration. Facility not yet constructed. B.2. Topographic Map. Attach to this application a topographic map of the area extending at least one mile beyond facility property boundaries. This map must show the outline of the facility and the following information. (You may submit more than one map if one map does not show the entire area.) a. The area surrounding the treatment plant,including all unit processes. b. The major pipes or other structures through which wastewater enters the treatment works and the pipes or other structures through which treated wastewater is discharged from the treatment plant. Include outfalls from bypass piping,if applicable. c. Each well where wastewater from the treatment plant is injected underground. d. Wells,springs,other surface water bodies,and drinking water wells that are: 1)within%mile of the property boundaries of the treatment works,and 2)listed in public record or otherwise known to the applicant. e. Any areas where the sewage sludge produced by the treatment works is stored,treated,or disposed. f. If the treatment works receives waste that is classified as hazardous under the Resource Conservation and Recovery Act(RCRA)by truck,rail, or special pipe,show on the map where the hazardous waste enters the treatment works and where it is treated,stored,and/or disposed. B.3. Process Flow Diagram or Schematic. Provide a diagram showing the processes of the treatment plant,including all bypass piping and all backup power sources or redunancy in the system. Also provide a water balance showing all treatment units,including disinfection(e.g., chlorination and dechlorination). The water balance must show daily average flow rates at influent and discharge points and approximate daily flow rates between treatment units. Include a brief narrative description of the diagram. B.4. Operation/Maintenance Performed by Contractor(s). Are any operational or maintenance aspects(related to wastewater treatment and effluent quality)of the treatment works the responsibility of a contractor? ❑ Yes ® No If yes,list the name,address,telephone number,and status of each contractor and describe the contractor's responsibilities(attach additional pages if necessary). Name: N/A Mailing Address: Telephone Number: ( ) Responsibilities of Contractor: B.5. Scheduled improvements and Schedules of Implementation. Provide information on any uncompleted implementation schedule or uncompleted plans for improvements that will affect the wastewater treatment,effluent quality,or design capacity of the treatment works. If the treatment works has several different implementation schedules or is planning several improvements,submit separate responses to question B.5 for each. (If none,go to question 6.6.) a. List the outfall number(assigned in question A.9)for each outfall that is covered by this implementation schedule. N/A b. Indicate whether the planned improvements or implementation schedule are required by local,State,or Federal agencies. ❑ Yes ® No EPA Form 3510-2A(Rev.1-99). Replaces EPA forms 7550-6&7550-22. Page 7 of 22 FACILITY NAME AND PERMIT NUMBER: PERMIT ACTION REQUESTED: RIVER BASIN: South Toe River Wastewater Treatment Facility, Renewal French Broad NCO087891 C. If the answer to B.5.b is"Yes,"briefly describe,including new maximum daily inflow rate(if applicable). N/A d. Provide dates imposed by any compliance schedule or any actual dates of completion for the implementation steps listed below,as applicable. For improvements planned independently of local,State,or Federal agencies,indicate planned or actual completion dates,as applicable. Indicate dates as accurately as possible. Schedule Actual Completion Implementation Stage MM/DD/YYYY MM/DD/YYYY Begin Construction 06/01/2010 End Construction 06/01/2011 Begin Discharge 06/01/2011 Attain Operational Level 09/01/2011 e. Have appropriate permits/clearances concerning other Federal/State requirements been obtained? ID Yes ❑ No Describe briefly: Appropriate permits have been obtained and may require renewal before construction Receipt of the Authorization to Construct is pending B.6. EFFLUENT TESTING DATA(GREATER THAN 0.1 MGD ONLY). Applicants that discharge to waters of the US must provide effluent testing data for the following parameters. Provide the indicated effluent testing required by the permitting authority for each outfail through which effluent Is discharged. Do not include information on combine sewer overflows in this section. All information reported must be based on data collected through analysis conducted using 40 CFR Part 136 methods. In addition,this data must comply with QA/QC requirements of 40 CFR Part 136 and other appropriate QA/QC requirements for standard methods for analytes not addressed by 40 CFR Part 136. At a minimum effluent testing data must be based on at least three pollutant scans and must be no more than four and on-half years old. Outfall Number: 001 MAXIMUM DAILY AVERAGE DAILY DISCHARGE DISCHARGE ANALYTICAL POLLUTANT of METHOD ML/MDL Conc. Units Conc. Units Number less CONVENTIONAL AND NON CONVENTIONAL COMPOUNDS AMMONIA(as N) N/A CHLORINE(TOTAL NIA RESIDUAL,TRC) DISSOLVED OXYGEN N/A TOTAL KJELDAHL N/A NITROGEN(TKN) NITRATE PLUS NITRITE N/A NITROGEN OIL and GREASE N/A PHOSPHORUS(Total) N/A TOTAL DISSOLVED SOLIDS N/A (TDS) OTHER N/A END OF PART B. REFER TO THE APPLICATION OVERVIEW (PAGE 1) TO DETERMINE WHICH OTHER PARTS OF FORM 2A YOU MUST COMPLETE EPA Form 3510-2A(Rev.1-99). Replaces EPA forms 7550-6&7550-22. Page 8 of 22 FACILITY NAME AND PERMIT NUMBER: PERMIT ACTION REQUESTED: RIVER BASIN: South Toe River Wastewater Treatment Facility, Renewal French Broad NCO087891 BASIC APPLICATION INFORMATION PART C. CERTIFICATION All applicants must complete the Certification Section. Refer to instructions to determine who is an officer for the purposes of this certification. All applicants must complete all applicable sections of Form 2A,as explained in the Application Overview. Indicate below which parts of Form 2A you have completed and are submitting. By signing this certification statement,applicants confirm that they have reviewed Form 2A and have completed all sections that apply to the facility for which this application is submitted. Indicate which parts of Form 2A you have completed and are submitting: ® Basic Application Information packet Supplemental Application Information packet: ❑ Part D(Expanded Effluent Testing Data) ❑ Part E(Toxicity Testing: Biomonitoring Data) ❑ Part F(Industrial User Discharges and RCRA/CERCLA Wastes) ❑ Part G(Combined Sewer Systems) ALL APPLICANTS MUST COMPLETE THE FOLLOWING CERTIFICATION. I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system or those persons directly responsible for gathering the information,the information is,to the best of my knowledge and belief,true, accurate,and complete. I am aware that there are significant penalties for submitting false information,including the possibility of fine and imprisonment for knowing violations. Name and official title Mr.Nathan Bennett Signature Telephone number (828)682 3971 Q � Date signed W Iyzzoo Upon request of the permitting authority,you must submit any other information necessary to assure wastewater treatment practices at the treatment works or identify appropriate permitting requirements. SEND COMPLETED FORMS TO: NCDENR/ DWQ Attn: NPDES Unit 1617 Mail Service Center Raleigh, North Carolina 27699-1617 EPA Form 3510-2A(Rev.1-99). Replaces EPA forms 7550-6&7550-22. Page 9 of 22 Residuals Management Plan East Yancey Wastewater Treatment Plant The East Yancey Wastewater Treatment Plant (WWTP) will include a sludge holding tank. Residuals will be stored for a period of time, until they are hauled to the Town of Burnsville's WWTP and dewatered in their belt filter press. The Town of Burnsville has an agreement with the East Yancey Water and Sewer District to operate the proposed East Yancey WWTP. Burnsville personnel will haul sludge via sludge trucks from the sludge loading station at the East Yancey WWTP to the Burnsville WWTP. Per 15A NCAC 02H a minimum of 30 days of solids storage is required. Due to the remote location of this plant and the method of sludge disposal it is recommended to provide 75 days of storage. Solids will be produced at a rate of 100 lbs/day based on an average flow of 125,000 gpd and 0.8 lbs solids per 1000 gallons of wastewater (Metcalf and Eddy, Wastewater Eng-ii eering 3'd Edition, pg 773) (125,000 gpd x 0.8 lbs solids/ 1000 gal. = 100 lbs solids/day). Assuming a 1.5 % solids concentration (Metcalf and Eddy, Wastewater En 'n� eerin 3rd Edition, pg 774) approximately 59,050 gallons of sludge will be produced in 75 days (100 lbs solids/ day x 1/ (62.4 lbs / cubic foot water x 1.015 (specific gravity of 1.5% sludge) x 0.015 (solids content) = 105.26 cubic feet per day = 787.3 gpd * 75 days = 59050 gal sludge produced in 75 days). The proposed sludge holding tank is sized to hold approximately 62,800 gallons (32' x 17.5' x 15' water level = 8400 CF = 62,832 gallons) which is greater than 59,050 gallons therefore the sludge storage requirement is met. The belt filter press at the Burnsville WWTP was installed in 2000. It was designed to handle sludge not only from the Burnsville WWTP, but also from the future East Yancey WWTP. The maximum solids produced at the Burnsville WWTP were calculated to be 664 lbs/day (800,000 gpd x 0.83 lbs/ 1000 gal. = 664 lbs/day). However, the belt filter press was sized based on a total flow rate of 1.1 mgd to account for solids coining from the future East Yancey WWTP (1,100,000 gpd x 0.83 lbs/1000 gal. = 913 lbs/day). The 913 lbs/day capacity of the belt filter press is therefore large enough to handle sludge from both the Burnsville WWTP (maximum solids rate of 664 lbs/day) and the East Yancey WWTP (100 lbs/day). Page 1 of 1 ZOO[n LBLZL ON XU/XLl 9T :tT fHZ SOOZ/ZZ/ZT y UHvl .Gm.�if�F Co¢tacrJcir� 'own of BurnBvitc Puth;-I, Da.tks Je.�anne;Maite► ,s° '�;'� �;� H•�athc��lioei4aday. Sri �'% Oura'. ;Dsc6iizbei A 2005 lyd , Iintz, P.E. :. .:: cOffi-Associates„P.A. rri Street . 'AmviH NC 28$ 1• RE: East Yancey Water and Sew¢r I]ittricC;. Wastewater Treatment Plant" Residuals Acceptance I-l�ritz:.. : The.Townlof'Burnsville bas agreed to accept up to 18,500 g€flons'.per:mom on0.��`� Jzi• ou galions per;y`0ar of waste biological sludge from the above:nlemion�d p V odd I S,QQiO gp atewater ti atment plant. :'.As we understand; the waste sludge will contain a concentration of aI*rw n t*y 28/ sslad :.:prnted lay the wastewater treatment plant. We currently have the ;. 7ccess . Fa3' le in our residuals m nagemeut system to dispose of the appr© e 1.5 ��ans:.7f 'a ':' 3' r•,.month-a*wctcd to be produced by this project.J. ; 'lJa .require that the appropriate regulatory requirements' and prnviions. be .'met ; o ;trt; de&vet,.and discharge the waste sludge directly to our sludge dewate�ng:' stejh. ,,,'<• : . ' cods z ssociated:vww�th'these requirements, along with operational time argil irater to dro ss e v'ka uc ej will':l�e incorporated into the scope of the East Yancey.,project no•: osl ,to' � ^T'MVorf lUriisille, ir khould you have'any questions or require any additional inforTatiasa, phase: eel eee o !: Sincerely, is ;.• C� NA Tons.Stone Director of Public irec Works '�� •'' 43 T /l t* s/slud eacce 'tance.doc � ix :r•' °C `B.ax.97 a 13u'rmvillc,. orth Carolina ZSZ14 Phone (828) 6SZ� ZQ::® 1 X ( S . , . ,,•;: 701 -qr)H, l IT��N?Ifl� Ifl N111f1I ?C ??-7.R9-R7.� i T :bT �G1G17/7 .,?7,T NC®ENR North Carolina Department of Environr atunal'Respurc Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins �� a J a reernan Governor Director �� � �I—`�� L -�� "� ecre#ary I .'} #: August 11, 2011 l l AUG 1 8 2011 Mr. Nathan Bennett, County Manager rr�T t t",LI1 Y SECTION�• ��n c� East Yancey Water& Sewer District ^ t it r, OFF icF .._. Room 11, Courthouse Burnsville,North Carolina 28741 '� SUBJECT: East Yancey Water& Sewer District Wastewater Treatment Plant Improvements Sewer System Improvements Approval of the Modified Plans and Specifications and Addenda Nos. 1 and 2 Project No. E-SRG-T-05-0141 Dear Mr. Bennett: The review for completeness and adequacy of the project construction modified plans and specification and Addenda Nos. 1 and 2, received August 3, 2011, has been concluded by the Construction Grants &Loans Section of the North Carolina Division of Water Quality. Therefore, said plan documents are hereby approved with eligibility for State funding determined as follows: Eligible Wastewater Treatment Plant Improvements: The 0.125 MGD South Toe River WWTP consisting of: a headworks structure including a cylindrical (mechanical)bar screen rated at 0.464 mgd peak flow and a manual by-pass bar screen; dual sequencing batch reactors(SBR), each reactor sized at 0.115 MG with 5 Hp floating mixer, decanter,fine-bubble diffusers and dual 50 gpm sludge pumps; a 0.026 MG post equalization tank with three (3) 87 gpm pumps and coarse-bubble diffusers; three (3) 273 cfm blowers and one (1) 81 scm blower; dual effluent disk filters, each rated at 0.3125 mgd peak flow; dual bank ultraviolet disinfection system, with each bank rated at 0.3125 mgd peak flow; effluent flowmeter and composite sampling station; a return plant drain pump station consisting of dual 80 gpm pumps; a 0.063 MG aerobic digester/holding tank with decanter, coarse bubble diffusers and 200 gpm sludge transfer pump; a 668 ft2 Laboratory building; 150 kW backup emergency generator with automatic transfer switch; plant SCADA system; associated site work, electrical work, and yard piping; the East Yancey WWTP Influent Pump Station consisting of a dual 321 gpm pumps with audible and visual alarms, back up 25 kW generator, non-potable well, 1633 Mail Service Center,Raleigh,North Carolina 27699-1633 One Location:2728 Capital Blvd.Raleigh,North Carolina 27604 NorthCarol.ina Phone:919-733-69001 FAX:919-715-62291 Customer Service:1-877-623-6748 Internet:www.ncwaterquality.org �1Qu�R"�J An Equal Opportunity 1 Affirmative Action Employer f� ► i/ Mr. Nathan Bennett, CouC JManager J August 11, 2011 Page 2 and telemetry; and approximately 4,904 linear feet of 8-inch force main(along the South Toe River). Sewer System Improvements: Approximately 11,802 linear feet of 8-inch gravity sewer(along Ayles Creek); approximately 22,832 linear feet of 12-inch gravity sewer(along Little Crabtree Creek), 173 sanitary manholes, and associated site work. Non Eligible Any installation of service laterals outside the Right-of-Way. Issuance of this approval letter does not imply availability of funding. In the event that received bids exceed the amount established through the funding offer, and local funds are not adequate to award contract(s), it will be necessary to consider all alternatives including redesign, re-advertising, and rebidding. Neither the State nor Federal Government, nor any of its departments, agencies or employees is or will be a party to the invitation to bids, addenda, any resulting contracts or contract negotiations/changes. In accordance with the Federal Regulations, the Recipient is required to assure compliance with the OSHA safety regulations on the subject project. In complying with this regulatory responsibility,the Recipient should, by letter, invite the Bureau Chief, Education Training and Technical Assistance Unit,NC OSHA Division, 1101 Mail Service Center, Raleigh,NC 27699- 1101, telephone (919) 807-2890,to participate in the Preconstruction Conference to assure that proper emphasis is given on understanding and adhering to the OSHA regulations. It is the responsibility of the Recipient and the Consulting Engineer to insure that the project plan documents are in compliance with Amended N. C. G. S. 133-3 (ratified July 13, 1993). The administrative review and approval of these plans and specifications, and any subsequent addenda or change order, do-not imply approval of a restrictive specification for -- bidding purposes; nor is it an authorization for noncompetitive procurement actions. Any addenda to be issued for subject project plans and specifications must be submitted by the Recipient such that adequate time is allowed for review/approval action by the State, and for subsequent bidder action prior to receipt of bids. It is mandatory for project facilities 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 contractors' responsibilities shall be in complying with these Acts. While rejection of all bids is possible, such action may be taken only with prior State concurrence, and only for good cause. II i Mr. Nathan Bennett, CouL.,.y Manager August 11, 2011 Page 3 The Recipient will comply with the utilization of minority businesses in accordance with GS 143-128. Attached is a form (Project Bid Information), which is to be completed within 21 days after bids have been received, and submitted to the State for review. It must be accompanied by the documents indicated on the form. Upon review and,approval of this information, the State will authorize the Recipient to make the proposed award. Prior to entering into any contract(s) for construction,the recipient must have obtained all applicable project Permits from the State, including an Authorization to Construct and/or Non- Discharge Permit. Two (2) copies of any change order must be promptly submitted by the Recipient to the State. If additional information is requested by the State, a response is required within two (2) weeks, or the change order will be returned without further or final action. One (1) set of the final approved plans and specifications will be forwarded to you. One (1) set of plans and specifications identical to the approved set must be available at the project site at all times. Upon completion of the project construction, the Recipient shall submit a letter confirming that the project has been constructed in accordance with the plans and specifications approved by the State. "As-built" plans will need to be submitted with any changes clearly documented on the plans if the above confirmation cannot be made. If there are any questions concerning this matter, please do not hesitate to contact Seth Robertson, P.E., at(919) 715-6206. Sincerely Cam"_ Kim H. Colson, P.E., Section Chief Construction Grants & Loans Section kp:sr cc: Randall D. Hintz, P.E. —McGill Associates, P.A., 55 Broad Street, Asheville,NC 28801 DWQ Asheville Regional Office OSHA Bureau Chief, Wanda Lagoe Don Evans Ken Pohlig, P.E. CIG SRG File AJ NCDENR North Carolina Department of Environment and Natural,-.Resources - Division of Water Quality Beverly Eaves Perdue Coleen H.Sullins Dee Freeman Governor Director ,; < 1- 1 L>? L4 q U c � June 20,2011 2 2�N 2 11 Mr.Nathan Bennett,County Manager East Yancey Water&Sewer District wort;c unurY secnuly -% !,,�i I �:r t_ a,i_ "ICE Room 11,Courthouse - - Burnsville,North Carolina 28741 SUBJECT: ;East Yancey Water&Sewer District, Wastewater Treatment Plant Improvements Authorization to Construct No.087891A01 Sewer System Improvements PennitNo WW33644 d d..3 .`��P l Transmittal ofApproved Plans and Specifications Project No.E-SRG-T-05-0141 Dear Mr.Bennett: Enclosed is a copy of the plans and specifications,which were approved on June 17,2011. The subject documents have been stamped"approved"for your records. A copy is also being forwarded to your engineer and to the Asheville Regional Office. The Pemuttee should retain these documents for the life of the facility. Should you have questions regarding this matter,call me at(919)715-6206. Sincerely, Seth Robertson,P.E., Supervisor Design Management Unit kp:sr Enclosures cc: Randall D.Hintz,P.E.—McGill Associates,P.A.,55 Broad Street,Asheville,NC 28801 DWQAsheville Regional Office Ken Pohlig,P.E. SRG 1633 Mail Service Center,Raleigh,North Carolina 27699-1633 Orle Location:2728 Capital Blvd.Raleigh,North Carolina 27604 NorthCarolina Phone:919-733-69001 FAX:919-715-62291 Customer Service:1-877-623-6748 Internet:www.ncwaterquality.org An Equal Opportunity 1 Affirmative Action Employer -AGA ML. NOON North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullies Dee Freeman Governor Director Secretary June 17, 2011 `1 lc�_C, � 1 1 Mr. Nathan Bennett, County Manager East Yancey Water& Sewer District ''.' �•' ' JUN 2 -- 2011 Room 11, Courthouse _•__ a Burnsville North Carolina 28741 WA V l-i;t ''`�i�� `' `TIC)N SUBJECT: Permit No ,WQ0033615 ' 1 ; East Ya ncey`Water&`Sewer District j; Sewer System Improvements Yancey;County Project No. E-SRG-T-05-0141 Dear Mr. Bennett: In accordance with your permit application received November 3, 2008, and additional information received by the Division of Water Quality (Division), we are forwarding herewith Permit No. WQ0033615 dated June 17, 2011, to East Yancey Water & Sewer District for the construction and operation of the subject wastewater collection system. This Permit shall be effective from the date of issuance until rescinded, and shall be subject to the conditions and limitations as specified therein. 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. 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 approved plans and specifications. Mail the Certification to the Construction Grants & Loans Section, 1633 Mail Service Center, Raleigh, North Carolina 27699-1633. (Engineer's Certification Form is attached.) One set of approved plans and specifications is being forwarded to you. 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 n// Internet:www ricwaterquality.org /Lt�rrYlf`�/ An Equal Opportunity\Affirmative Action Employer f/ li Mr.Nathan Bennett, County Manager June 17, 2011 Page 2 If you need additional information concerning this matter, please contact Ken Pohlig, P.E., State Review Engineer, at(919) 715-6221 or Seth Robertson, P.E. at(919) 715-6206. Sincerely, --O—Coleen H. Sullins kp/sr cc: Randall D. Hintz, P.E. —McGill Associates, P.A., 55 Broad Street, Asheville,NC 28801 Yancey County Health Department DWQ Asheville Regional Office, Surface Water Protection(NC0087891) Daniel M. Blaisdell, P.E. Mark Hubbard, P.E. Don Evans Ken Pohlig, P.E. SRG File ( � NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES i RALEIGH WASTEWATER COLLECTION PERMIT 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 East Yancey Water & Sewer District Yancey County FOR THE construction and operation of the East Yancey Water and Sewer District's sewer system consisting of. approximately 11,627 linear feet of 8-inch gravity sewer (along Ayles Creek); approximately 22,869 linear feet of.12-inch gravity sewer (along Little Crabtree Creek); the East Yancey WWTP Influent Pump Station consisting of a dual 321 gpm pumps with audible and visual alarms, back up 25 kW generator, telemetry; approximately 4,854 linear feet of 8-inch force main (along the South Toe River) and the discharge of 125,000 GPD of collected wastewater into the South Toe River WWTP (NC0087891) sewerage system pursuant to the application received on November 3, 2008, and subsequent additional information received by the Division, and in conformity with the project plans, specifications, and other supporting data subsequently filed and approved by the Department of Environment and Natural Resources and considered a part of this permit. 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 facilities are constructed in accordance with the conditions of this permit,the approved plans and specifications, and other supporting data. 2. This permit is 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 collection system permit for the operation and maintenance of these facilities as required by 15A NCAC 2T .0400. If an individual permit is not required, the following performance criteria shall be met as provided in 15A NCAC 2T .0400: East Yancey Water& Sewer District June 17, 2011 ---- ---Permit No.-W-Q0033615 Page 2 (a) The sewer system shall be effectively maintained and operated at all times to prevent discharge to land or surface waters, and to prevent any contravention of groundwater standards or surface water standards. (b) A map of the sewer system shall be developed and actively maintained. (c) An operation and maintenance plan including pump station inspection frequency, preventative maintenance schedule, spare parts inventory and overflow response shall be developed and implemented. (d) Pump stations that are not connected to a telemetry system(i.e., remote alarm system) shall be inspected by the permittee or its representative 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 sewers shall be inspected by the permittee or its representative at least once every six-months and inspections are documented. (f) A general observation by the permittee or its representative of the entire sewer system shall be conducted at least once per year. (g) Overflows and bypasses shall be reported to the appropriate Division regional office in accordance with 15A NCAC 02B .0506(a), and public notice shall be provided as required by G.S. 143-215.1C. (h) A Grease Control Program shall be established as follows: (i) For publicly owned collection systems, the Grease Control Program shall include at least bi-annual distribution of educational materials for both commercial and residential users and the legal means to require grease interceptors for new construction and retrofit, if necessary, of grease interceptors at existing establishments. The plan shall also include legal means for inspections of the grease interceptors, enforcement for violators and the legal means to control grease entering the system from other public and private satellite sewer systems. (ii) For privately owned collection systems, the Grease Control Program shall include at least bi-annual distribution of grease education materials to users of the collection system by the permittee or its representative. (iii) Grease education materials shall be distributed more often than required in Parts (i) and (ii) of this Subparagraph if necessary to prevent grease-related sanitary sewer overflows. (i) Right-of-ways and easements shall be maintained in the full easement width for personnel and equipment accessibility. (j) Documentation shall be kept for Subparagraphs (a) through (i) for a minimum of three years with exception of the map, which shall be maintained for the life of the system. 4. The sewage and wastewater collected by this system shall be treated in the South Toe River WWTP (NC0087891) sewerage system prior to being discharged into receiving stream. East Yancey Water& Sewer District June 17, 2011 Permit No. WQ0033615 Page 3 5. This permit is not transferable. In the event there is a desire for the facilities to change ownership, or there is a name change of the Permittee, a formal permit request must be submitted to the Division accompanied by an application fee, documentation from the parties involved, and other supporting materials as may be appropriate. The approval of this request will be considered on its merits and may or may not be approved. 6. Construction of the sewers, pump station(s) and force main 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. 7. A copy of the approved plans and specifications shall be maintained on file by the Permittee for the life of the wastewater collection facilities. 8. 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 this permit, the approved plans and specifications, 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. Mail the Certification to the Construction Grants & Loans Section, 1633 Mail Service Center, Raleigh, North Carolina 27699-1633. (Engineer's Certification Form is attached.) 9. Failure to abide by the conditions and limitations contained in this permit 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. 10. The issuance of this permit does not exempt the Permittee from complying with any and all statutes, rules, regulations, or ordinances that may be imposed by other government agencies (i.e., local, state, and federal)having jurisdiction, including but not limited to applicable river buffer rules in 15A NCAC 2B .0200, soil erosion and sedimentation control requirements in 15A NCAC Chapter 4 and under the Division's General Permit NCGO10000, and any requirements pertaining to wetlands under 15A NCAC 2B .0200 and 15A NCAC 2H .0500. 11. The Permittee shall provide for the pump station and force main the following items: (a) Pump Station Reliability: (i) Pump stations, except when exempted by Subparagraph 0)(2) of 15A NCAC 02T.0305, shall be designed with multiple pumps such that peak flow can be pumped with the largest pump out of service. (ii) A standby.power source or pump is required at all pump stations except for those pump stations subject to Subparagraph 0)(2)of 15A NCAC 02T.0305. Controls shall be provided to automatically activate the standby source and signal an alarm condition. i East Yancey Water& Sewer District June 17, 2011 Permit.No._W_Q003.36_l.5 _ ___ Page 4 (iii) As an alternative to Part (ii) for pump stations with an average daily design flow less than 15,000 gallons per day as calculated using 15A NCAC 02T.0114, a portable power source or pumping capability may be utilized. It shall be demonstrated to the Division that the portable source is owned or contracted by the permittee and is compatible with the station. If the portable power source or pump is dedicated to multiple pump stations, an evaluation of all the pump stations' storage capacities and the rotation schedule of the portable power source or pump, including travel timeframes, shall be provided in the case of a multiple station power outage. (iv) As an alternative to Part (ii) for pump or vacuum stations connecting a single building to an alternative sewer system, wet well storage requirements shall be documented to provide 24-hours worth of wastewater storage or, exceed the greatest power outage over the last three years or the documented response time to replace a failed pump, whichever is greater. Documentation shall be required pursuant to the permit application. (v) All pump stations designed for two pumps or more shall have a telemetry system to provide remote notification of a problem condition to include power failure and high water alarm. (vi) High water audio and visual alarm. (b) Pump stations shall have a permanent weatherproof sign stating the pump station identifier, 24-hour emergency number and instructions to call in case of emergency. Simplex pump or vacuum stations serving a single-family residence shall have a placard or sticker placed inside the control panel with a 24-hour emergency contact number. (c) Screened vents for all wet wells. (d) The public shall be restricted access to the site and equipment. (e) Air relief valves shall be provided at all high points along force mains where the vertical distance exceeds ten feet. 12. 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 that may be required by this Division, such as the construction of additional or replacement wastewater collection facilities. 13. The facilities shall be constructed in accordance with the requirements of the North Carolina Sedimentation Pollution Control Act. 14. If applicable, the Operational Agreement between the Permittee and the Environmental Management Commission is incorporated herein by reference and is made a condition of this Permit. Noncompliance with the terms of the Operational Agreement 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. A copy of the Articles of Incorporation, Declarations, and Bylaws that have been properly filed shall be submitted with the engineer's certification prior to operation. East Yancey Water& Sewer District June 17, 2011 Permit No. WQ0033615 Page 5 15. Any abandoning of the existing facilities must be done in accordance with the requirements of the Division's Asheville Regional Office. 16. Noncompliance Notification: The Permittee shall verbally report 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: (a) Any process unit failure, due to known or unknown reasons, that render the facility incapable of adequate wastewater transport such as mechanical or electrical failures of pumps, line blockage or breakage, etc. (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 I(2), Part II of Form CS-SSO (or the most current Division approved form) can also be completed to show that the SSO was beyond control. Permit issued this the 171h Day of June 2011 NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION Coleen H. Sullins, Director Division of Water Quality By Authority of the Environmental Management Commission Permit No. WQ0033615 i East Yancey Water& Sewer District Permit No. WQ0033615 — ----Sewer System Improvements Issued June 17, 2011 ENGINEER'S CERTIFICATION I 1, , as a duly registered Professional Engineer in the State of North Carolina, having been authorized to observe (periodically/weekly/full time) the construction of the East Yancey Water & Sewer District sewer collection system, located in Yancey County, hereby state that to the best of my abilities, due care and diligence was used in the observation of the following construction: approximately 11,710 linear feet of 8-inch gravity sewer (along Ayles Creek); approximately 24,219 linear feet of 12-inch gravity sewer (along Little Crabtree Creek); the East Yancey WWTP Influent Pump Station consisting of a dual 320 gpm pumps with audible and visual alarms, back up 25 kW generator, telemetry; approximately 3,340 linear feet of 8-inch force main(along the South Toe .River), and 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 referenced project was observed to be built within substantial compliance and intent of the approved plans and specifications. Signature Registration No. Date Mail this Certification to: DENR/DWQ Construction Grants & Loans Section 1633 Mail Service Center SISAL Raleigh,North Carolina 27699-1633. Note: If the wastewater collection permit was issued to a private entity under an Operational Agreement with the Environmental Management Commission, then a copy of the Articles of Incorporation, Declarations, and Bylaws that have been properly filed with the applicable County's Register of Deeds shall be submitted with this certification. t i ATA. NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freernan Governor .,,,. �,.,.,, ,,�t;�,�,f,_ „< Director : Secretdly June 17, 2011 ` Mr. Nathan Bennett, County Manager J U N 2 2 2011 East Yancey Water& Sewer District t Room 11, Courthouse V �� Burnsville, North Carolina 28741 a;. WATER QUALITY SECTION ASHEVILLE REGIONAL OFFICE SUBJECT: Authorizfitioifto'CtinStl't1Gt A 1 East Yancey Water& Sewer District South Toe River Wastewater Treatment Plant/ lYancey County � Project No. E-SRG-T-05-0141 Dear Mr. Bennett: A letter of request for an Authorization to Construct was received November 3, 2008, 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 the new 0.125 MGD South Toe River Wastewater Treatment Plant, with discharge of treated wastewater into the South Toe River in the French Broad River Basin. This authorization results in the design and permitted capacity of 0.125 MGD, and is awarded for the construction of the following: A headworks structure including a cylindrical (mechanical)bar screen rated at 0.464 mgd . peak flow and a manual by-pass bar screen; dual sequencing batch reactors (SBR),each reactor sized at 0.115 MG with 5 Hp floating mixer, decanter, fine-bubble diffusers and dual 50 gpm sludge pumps; a 0.026 MG post equalization tank with three (3) 87 gpm pumps and coarse-bubble diffusers; three (3)273 cfm blowers and one(1) 81 scm blower; dual effluent disk filters, each rated at 0.3125 mgd peak flow; dual bank ultraviolet disinfection system, with each bank rated at 0.3125 mgd peak flow; effluent flowmeter and composite sampling station; a return plant drain pump station consisting of dual 80 gpm pumps; a 0.063 MG aerobic digester/holding tank with decanter, coarse bubble diffusers and 200 gpm sludge transfer pump; a 668 ft2 Laboratory building; 150 kW backup emergency generator with automatic transfer switch;plant SCADA system; and associated site work, electrical work, and yard piping, 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 Internet:www.ncwaterquality.org �at�rall� An Equal Opportunity 1 Affirmative Action Employer J Mr. Nathan Bennett, County Manager June 17, 2011 .Page 2 This Authorization to Construct is issued in accordance with Part III, Paragraph A of NPDES Permit No. NCO087891 issued April 13, 2005, and shall be subject to revocation unless the wastewater treatment facilities are constructed in accordance with the conditions and limitations specified in Permit No.NC0087891. The sludge generated from these treatment facilities must be disposed of in accordance with G.S. 143-215.1 and in a manner approved by the Division. In the event that the facilities fail to perform satisfactorily, including the creation of nuisance conditions, the Permittee shall take immediate corrective action, including those as may be required by the Division, such as the construction of additional or replacement wastewater treatment or disposal facilities. The Asheville Regional Office, telephone number(828)296-4500, shall be notified at least forty-eight(48)hours in advance of operation of the installed facilities so that an on site inspection can be made. Such notification to the regional supervisor shall be made during the normal office hours from 8:00 a.m. until 5:00 p.m. on Monday through Friday, excluding State Holidays. Upon completion of construction and prior to operation of this permitted facility, a certification must be received from a professional engineer certifying that the permitted facility has been installed in accordance with the NPDES Permit, 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 11, I1I and IV facility at least daily, excluding weekends and holidays,must properly manage the facility, must document daily operation and maintenance of the facility, and must comply with all other conditions of 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. 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, Mr. Nathan Bennett, County Manager June 17, 2011 Page 3 i and in such a manner, as necessary to comply with the effluent limits specified in the NPDES Permit. k 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, -,6Coleen H. Sullins kp:sr cc: Randall D. Hintz, P.E. —McGill Associates, P.A., 55 Broad Street, Asheville,NC 28801 Yancey County Health Department DWQ,Asheville Regional Office, Surface Water Protection DWQ, Technical Assistance and Certification Unit DWQ,Point Source Branch,NPDES Program Daniel Blaisdell, P.E. Ken Pohlig, P.E. SRG File East Yancey Water& Sewer District A To C No. 087891A01 ProjectNo.-E=SR&-T=05=014-1-- -— - -- - Issued June 17, 2011 Engineer's Certification 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 South Toe River WWTP,located on Wyatt Town Road in Yancey County for the East Yancey Water& Sewer District, hereby state that, to the best of my abilities, due care and diligence was used in the observation of the following construction: A headworks structure including a cylindrical (mechanical)bar screen rated at 0.464 mgd peak flow and a manual by-pass bar screen; dual sequencing batch reactors (SBR), each reactor sized at 0.115 MG with 5 Hp floating mixer, decanter, fine-bubble diffusers and dual 50 gpm sludge pumps; a 0.026 MG post equalization tank with three(3) 87 gpm pumps and coarse-bubble diffusers;three (3)273 cfm blowers and one (1) 81 scm blower; dual effluent disk filters, each rated at 0.3125 mgd peak flow; dual bank ultraviolet disinfection system, with each bank rated at 0.3125 mgd peak flow; effluent flowmeter and composite sampling station; a return plant drain pump station consisting of dual 80 gpm pumps; a 0.063 MG aerobic digester/holding tank with decanter, coarse bubble diffusers and 200 gpm sludge transfer pump; a 668 ft2 Laboratory building; 150 kW backup emergency generator with automatic transfer switch; plant SCADA system; and associated site work, electrical work, and yard piping, 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 referenced project was observed to be built within substantial compliance and intent of the approved plans and specifications. We understand that the new limits associated with this new 0.125 MGD WWTP now apply. Signature Registration No. Date Send to: Construction Grants & Loans DENR/DWQ 1633 Mail Service Center SEAL Raleigh,NC 27699-1633 7 IQ= NCDENR North Carolina Department of Environment and Natural Resources Division of Water C1ttx1: w Beverly Eaves Perdue Coleen H. SUllir s "` t h ee-:i i"t6ftan Governor Director ---....._._ Seer ary June 17, 2011 D ----� Mr. Nathan Bennett, County Manager JON 22 Z011 a East Yancey Water& Sewer District _ Room 11, Courthouse ?. WATER QUALITY SECTION f Burnsville,North Carolina 28741 t' ASFIEVILLE REGIONAL OFFICE SUBJECT: ?,,East . ` �+ i'�� � � �2. Wastewater Treatment Plant Improvements Sewer System Improvements Approval of the Plans and Specifications Project No. E-SRG-T-05-0141� Dear Mr. Bennett: The review for completeness and adequacy of the project construction plans and specifications has been concluded by the Construction Grants & Loans Section of the North Carolina Division of Water Quality. Therefore, said plan documents are hereby approved with eligibility for State funding determined as follows: Eligible Wastewater Treatment Plant Improvements: The 0.125 MGD South Toe River WWTP consisting of. a headworks structure including a cylindrical (mechanical)bar screen rated at 0.464 mgd peak flow and a manual by-pass bar screen; dual sequencing batch reactors(SBR), each reactor sized at 0.115 MG with 5 Hp floating mixer, decanter, fine-bubble diffusers and dual 50 gpm sludge pumps; a 0.026 MG post equalization tank with three(3) 87 gpm pumps and coarse-bubble diffusers;three(3) 273 cfm blowers and one (1) 81 scm blower; dual effluent disk filters, each rated at 0.3125 mgd peak flow; dual bank ultraviolet disinfection system, with each bank rated at 0.3125 mgd peak flow; effluent flowmeter and composite sampling station; a return plant drain pump station consisting of dual 80 gpm pumps; a 0.063 MG aerobic digester/holding tank with decanter, coarse bubble diffusers and 200 gpm sludge transfer pump; a 668 ft2 Laboratory building; 150 kW backup emergency generator with automatic transfer switch; plant SCADA system; and associated site work, electrical work, and yard piping. Sewer System Improvements: Approximately 11,627 linear feet of 8-inch gravity sewer(along Ayles Creek); approximately 22,869 linear feet of 12-inch gravity sewer(along Little Crabtree Creek); the East Yancey 1633 Mail Service Center,Raleigh,North Carolina 27699-1633 brie Location:2728 Capital Blvd.Raleigh,North Carolina 27604 NorthCarolina Phone::www.ncwaterquality.org 1 FAX:919-715-62291 Customer Service:1-877 623-6748 ����N���� Internet:www.ncwaterquality.org An Equal Opportunity 1 Affirmative Action Employer Mr. Nathan Bennett, County Manager June 17, 2011 Page 2 WWTP Influent Pump Station consisting.of a dual 321 gpm pumps with audible and visual alarms, back up 25 kW generator, telemetry; and approximately 4,854 linear feet of 8-inch force main(along the South Toe River), Non Eli ig ble Any installation of service laterals outside the Right-of-Way. Issuance of this approval letter does not imply availability of funding. You are encouraged not to advertise for bids until you have received the funding offer. In the event that received bids exceed the amount established.through the funding offer, and local funds are not adequate to award contract(s)', it will;be'necessary to consider all alternatives including redesign, re-advertising, andyebidding: Neither the State nor Federal Government, nor any of its departments, agencies or employees is or will be a party to the invitation to bids, addenda, any resulting contracts or contract negotiations/changes. In accordance with the Federal Regulations, the Recipient is required to assure compliance with the OSHA safety regulations on the subject project. In complying with this regulatory responsibility,the Recipient should, by letter, invite the Bureau Chief, Education Training and Technical Assistance Unit,NC OSHA Division, 1101 Mail Service Center, Raleigh,NC 27699- 1101, telephone(919) 807-2890, to participate in the Preconstruction Conference to assure that proper emphasis is given on understanding and adhering to the OSHA regulations. It is the responsibility of the Recipient and the Consulting Engineer to insure that the project plan documents are in compliance with Amended N. C. G. S. 133-3 (ratified July 13, 1993). The administrative review and approval of these plans and specifications, and any subsequent addenda or change order, do not imply approval of a restrictive specification for bidding purposes; nor is it an authorization for noncompetitive procurement actions. Any addenda to be issued for subject project plans and specifications must be submitted by the Recipient such that adequate time is allowed for review/approval action by the State, and for subsequent bidder action prior to receipt of bids. It is mandatory for project facilities 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 contractors' responsibilities shall be in complying with these Acts. While rejection of all bids is possible, such action may be taken only with prior State concurrence, and only for good cause. 1 The Recipient will comply with the utilization of minority businesses in accordance with GS 143-128. J 7 Mr. Nathan Bennett, County Manager June 17, 2011 Page 3 Attached is a form(Project Bid Information), which is to be completed within 21 days after bids have been received, and submitted to the State for review. It must be accompanied by the documents indicated on the form. Upon review and approval of this information, the State will authorize the Recipient to make the proposed award. Prior to entering into any contract(s)for construction, the recipient must have obtained all applicable project Permits from the State, including an Authorization to Construct and/or Non- Discharge Permit. Two (2) copies of any change order must be promptly submitted by the Recipient to the State. If additional information is requested by the State, a response is required within two (2) weeks, or the change order will be returned without further or final action. One (1)set of the final approved plans and specifications will be forwarded to you. One (1) set of plans and specifications identical to the approved set must be available at the project site at all times. Upon completion of the project construction, the Recipient shall submit a letter confirming that the project has been constructed in accordance with the plans and specifications approved by the State. "As-built" plans will need to be submitted with any changes clearly documented on the plans if the above confirmation cannot be made. If there are any questions concerning this matter, please do not hesitate to contact Seth Robertson, P.E., at(919) 715-6206. Sincerely, ..tDaniel M. Blaisdell, P.E., Section Chief Construction Grants& Loans Section Attachment kp:sr cc: Randall D. Hintz, P.E. —McGill Associates,P.A., 55 Broad Street, Asheville,NC 28801 DWQ Asheville Regional Office OSHA Bureau Chief, Wanda Lagoe Don Evans Daniel Blaisdell, P.E. Ken Pohlig, P.E. CIG SRG File CENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Fryman Governor Director [r � i ec� fir �l , JUN 2 1 2011 June 17, 2011 I WA )/ i IT S l irtpt Mr.Nathan Bennett, County Manager East Yancey Water and Sewer District 110 Town Square, Room 11 Burnsville,North Carolina 28714 SUBJECT: 'Engineering Amendment Approval;' `East Yancey Water and Sewer District Amendment No. 1 to the Wastewater Collection and Treatment System Engineering Report Project No. E-SRG-T-05-0141 Dear Mr. Bennett: The Construction Grants and Loans Section of the Division of Water Quality has completed its review of the subject Engineering Amendment No. 1 to the East Yancey Water and Sewer District's Proposed Wastewater Collection and Treatment System Engineering Report. The proposed Amendment addresses changes in the quantities of construction materials based on the final project design and a change in the location of the influent pump station and the corresponding increase in 8-inch sewer force main of approximately 1,500 linear feet. When the project was originally approved on January 20, 2006, the total estimated cost was $4,526,895. The updated project cost is now$ 6,340,100. The subject engineering report Amendment No. 1 to the East Yancey Proposed Wastewater Collection and Treatment System Engineering Report is hereby approved. 1633 Mail Service Center,Raleigh,North Carolina 27699-1633 brie Location:2728 Capital Blvd.Raleigh,North Carolina 27604 1VorthCarolina Phone:919-733-69001 FAX:919-715-62291 Customer Service:1-877-623-6748 Internet:www.ncwaterquality.org �������� An Equal Opportunity 1 Affirmative Action Employer II Mr.Nathan Bennett, County Manager June 17, 2011 Page Number 2 If you have any questions concerning this matter,please contact William H. (Bill) Bland, Jr., P.E. of our staff at (919) 715-6209. Sincerely, 4�paniel M. Blaisdell, P.E., Chief Construction Grants & Loans Section i WHB cc: Randall D. Hintz, P.E. DWQ Asheville Regional Office Kim H. Colson,P.E., Assistant Chief Jennifer Haynie, FEU Supervisor l Don Evans William H. Bland, Jr.,P.E. FEU/SRG i C-) NCDENR North Carolina Department of Environment and.Natural Resources - Division of Water Quality :, Beverly Eaves Perdue Coleen H.Sullins n Governor Director E C E ery .._.� June 17, 2011 U U N 2 1 2011 Mr. Nathan Bennett, County Manager East Yancey Water& Sewer District r WATER QUALITY SECTION ASH 'VIL.LE REGIONAL OFFICE Room 11, Courthouse Burnsville,North Carolina 28741 SUBJECT: Permit No. WQ0033615'i East Yancey Water& Sewer District' Sewer System Improvements Yancey(County Project No. E-SRG-T-05-0141 Dear Mr. Bennett: In accordance with your permit application received November 3, 2008, and additional information received by the Division of Water Quality.(Division), we are forwarding herewith Permit No. WQ0033615 dated June 17, 2011, to East Yancey Water & Sewer District for the construction and operation of the subject wastewater collection system. This Permit shall be effective from the date of issuance until rescinded, and shall be subject to the conditions and limitations as specified therein. 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. 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 approved plans and specifications. Mail the Certification to the Construction Grants & Loans Section, 1633 Mail Service Center, Raleigh, North Carolina 27699-1633. (Engineer's Certification Form is attached.) One set of approved plans and specifications is being forwarded to you. 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 yr oli Internet:www.ncwaterqualit.org An Equal Opportunity 1 Affirmative Action Employer �/ Mr. Nathan Bennett, County Manager June-17;2011 -- Page 2 If you need additional information concerning this matter, please contact Ken Pohlig,. P.E., State Review Engineer, at(919) 715-6221 or Seth Robertson, P.E. at(919) 715-6206. Sincerely, —4Coleen H. Sullins kp/sr cc: Randall D. Hintz, P.E.—McGill Associates, P.A., 55 Broad Street, Asheville,NC 28801 Yancey County Health Department DWQ Asheville Regional Office, Surface Water Protection,(NC0087891) Daniel M. Blaisdell, P.E. Mark Hubbard, P.E. Don Evans Ken Pohlig, P.E. SRG File NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES RALEIGH WASTEWATER COLLECTION PERMIT 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 East Yancey Water & Sewer District Yancey County FOR THE construction and operation of the East Yancey Water and Sewer District's sewer system consisting of. approximately 11,627 linear feet of 8-inch gravity sewer (along Ayles Creek); approximately 22,869 linear feet of 12-inch gravity sewer (along Little Crabtree Creek); the East Yancey W WTP Influent Pump Station consisting of a dual 321 gpm pumps with audible and visual alarms, back up 25 kW generator, telemetry; approximately 4,854 linear feet of 8-inch force main (along the South Toe River) and the discharge of 125,000 GPD of collected wastewater into the South Toe River WWTP (NC0087891) sewerage system pursuant to the application received on November 3, 2008, and subsequent additional information received by the Division, and in conformity with the project plans, specifications, and other supporting data subsequently filed and approved by the Department of Environment and Natural Resources and considered a part of this permit. 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 facilities are constructed in accordance with the conditions of this permit, the approved plans and specifications, and other supporting data. 2. This permit is 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 collection system permit for the operation and maintenance of these facilities as required by 15A NCAC 2T .0400. If an individual permit is not required, the following performance criteria shall be met as provided in 15A NCAC 2T .0400: East Yancey Water& Sewer District June 17, 2011 Permit No. WQ0033615 Page 2 (a) The sewer system shall be effectively maintained and operated at all times to prevent discharge to land or surface waters, and to prevent any contravention of groundwater standards or surface water standards. (b) A map of the sewer system shall be developed and actively maintained. (c) An operation and maintenance plan including pump station inspection frequency, preventative maintenance schedule, spare parts inventory and overflow response shall be developed and implemented. (d) Pump stations that are not connected to a telemetry system(i.e., remote alarm system) shall be inspected by the permittee or its representative 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 sewers shall be inspected by the permittee or its representative at least once every six-months and inspections are documented. (f) A general observation by the permittee or its representative of the entire sewer system shall be conducted at least once per year. (g) Overflows and bypasses shall be reported to the appropriate Division regional office in accordance with 15A NCAC 02B .0506(a), and public notice shall be provided as required by G.S. 143-215.1C. (h) A Grease Control Program shall be established as follows: (i) For publicly owned collection systems, the Grease Control Program shall include at least bi-annual distribution of educational materials for both commercial and residential users and the legal means to require grease interceptors for new construction and retrofit, if necessary, of grease interceptors at existing establishments. The plan shall also include legal means for inspections of the grease interceptors, enforcement for violators and the legal means to control grease entering the system from other public and private satellite sewer systems. (ii) For privately owned collection systems, the Grease Control Program shall include at least bi-annual distribution of grease education materials to users of the collection system by the permittee or its representative. (iii) Grease education materials shall be distributed more often than required in Parts (i) and (ii) of this Subparagraph if necessary to prevent grease-related sanitary sewer overflows. (i) Right-of-ways and easements shall be maintained in the full easement width for personnel and equipment accessibility. (j) Documentation shall be kept for Subparagraphs (a) through (i) for a minimum of three years with exception of the map, which shall be maintained for the life of the system. 4. The sewage and wastewater collected by this system shall be treated in the South Toe River WWTP (NC0087891) sewerage system prior to being discharged into receiving stream. East Yancey Water& Sewer District June 17, 2011 Permit No. WQ0033615 Page 3 5. This permit is not transferable. In the event there is a desire for the facilities to change ownership, or there is a name change of the Permittee, a formal permit request must be submitted to the Division accompanied by an application fee, documentation from the parties involved, and other supporting materials as may be appropriate. The approval of this request will be considered on its merits and may or may not be approved. 6. Construction of the sewers, pump station(s) and force main 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. 7. A copy of the approved plans and specifications shall be maintained on file by the Permittee for the life of the wastewater collection facilities. 8. 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 this permit, the approved plans and specifications, 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. Mail the Certification to the Construction Grants & Loans Section, 1633 Mail Service Center, Raleigh, North Carolina 27699-1633. (Engineer's Certification Form is attached.) 9. Failure to abide by the conditions and limitations contained in this permit 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. 10. The issuance of this permit does not exempt the Permittee from complying with any and all statutes, rules, regulations, or ordinances that may be imposed by other government agencies (i.e., local, state, and federal)having jurisdiction, including but not limited to applicable river buffer rules in 15A NCAC 2B .0200, soil erosion and sedimentation control requirements in 15A NCAC Chapter 4 and under the Division's General Permit NCGO10000, and any requirements pertaining to wetlands under 15A NCAC 2B .0200 and 15A NCAC 2H .0500. 11. The Permittee shall provide for the pump station and force main the following items: (a) Pump Station Reliability: (i) Pump stations, except when exempted by Subparagraph 0)(2) of 15A NCAC 02T.0305, shall be designed with multiple pumps such that peak flow can be pumped with the largest pump out of service. (ii) A standby.power source or pump is required at all pump stations except for those pump stations subject to Subparagraph 0)(2) of 15A NCAC 02T.0305. Controls shall be provided to automatically activate the standby source and signal an alarm condition. East Yancey Water& Sewer District June 17, 2011 Permit No—WQ003361-5- — — Page 4 (iii) As an alternative to Part (ii) for pump stations with an average daily design flow less than 15,000 gallons per day as calculated using 15A NCAC 02T.0114, a portable power source or pumping capability may be utilized. It shall be demonstrated to the Division that the portable source is owned or contracted by the permittee and is compatible with the station. If the portable power source or pump is dedicated to multiple pump stations,,an evaluation of all the pump stations' storage capacities and the rotation schedule of the portable power source or pump, including travel timeframes, shall be provided in the case of a multiple station power outage. (iv) As an alternative to Part (ii) for pump or vacuum stations connecting a single building to an alternative sewer system, wet well storage requirements shall be documented to provide 24-hours worth of wastewater storage or, exceed the greatest power outage over the last three years or the documented response time to replace a failed pump, whichever is greater. Documentation shall be required pursuant to the permit application. (v) All pump stations designed for two pumps or more shall have a telemetry system to provide remote notification of a problem condition to include power failure and high water alarm. (vi) High water audio and visual alarm. (b) Pump stations shall have a permanent weatherproof sign stating the pump station identifier, 24-hour emergency number and instructions to call in case of emergency. Simplex pump or vacuum stations serving a single-family residence shall have a placard or sticker placed inside the control panel with a 24-hour emergency contact number. (c) Screened vents for all wet wells. (d) The public shall be restricted access to the site and equipment. (e) Air relief valves shall be provided at all high points along force mains where the vertical distance exceeds ten feet. 12. 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 that may be required by this Division, such as the construction of additional or replacement wastewater collection facilities. 13. The facilities shall be constructed in accordance with the requirements of the North Carolina Sedimentation Pollution Control Act. 14. If applicable, the Operational Agreement between the Permittee and the Environmental Management Commission is incorporated herein by reference and is made a condition of this Permit. Noncompliance with the terms of the Operational Agreement 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. A copy of the Articles of Incorporation, Declarations, and Bylaws that have been properly filed shall be submitted with the engineer's certification prior to operation. 7 East Yancey Water& Sewer District June 17, 2011 Permit No. WQ0033615 Page 5 15. Any abandoning of the existing facilities must be done in accordance with the requirements of the Division's Asheville Regional Office. 16. Noncompliance Notification: The Permittee shall verbally report 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: (a) Any process unit failure, due to known or unknown reasons, that render the facility incapable of adequate wastewater transport such as mechanical or electrical failures of pumps, line blockage or breakage, etc. (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 I(2), Part II of Form CS-SSO (or the most current Division approved form) can also be completed to show that the SSO was beyond control. Permit issued this the 171h Day of June 2011 NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION Coleen H. Sullins, Director Division of Water Quality By Authority of the Environmental Management Commission Permit No. WQ0033615 C) East Yancey Water& Sewer District Permit No-. WQ0033-61-5 — Sewer System Improvements Issued June 17, 2011 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 East Yancey Water & Sewer District sewer, collection system, located in Yancey County, hereby state that to the best of my abilities, due care and diligence was used in the observation of the following construction: approximately 11,710 linear feet of 8-inch gravity sewer (along Ayles Creek); approximately 24,219 linear feet of 12-inch gravity sewer (along Little Crabtree Creek); the East Yancey WWTP Influent Pump Station consisting of a dual 320 gpm pumps with audible and visual alarms, back up 25 kW generator, telemetry; approximately 3,340 linear feet of 8-inch force main(along the South Toe River), and 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 referenced project was observed to be built within substantial compliance and intent of the approved plans and specifications. Signature Registration No. Date Mail this Certification to: DENR/DWQ Construction Grants& Loans Section 1633 Mail Service Center SISAL Raleigh,North Carolina 27699-1633. Note: If the wastewater collection permit was issued to a private entity under an Operational Agreement with the Environmental Management Commission,then a copy of the Articles of Incorporation, Declarations, and Bylaws that have been properly filed with the applicable County's Register of Deeds shall be submitted with this certification. 7 NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H.Sullins Dee Freeman Governor Director c r June 17, 2011 j J U N 2 1 2011 Mr. Nathan Bennett, County Manager East Yancey Water& Sewer District - -�-w ------- Room 11 Courthouse s WATER QUALITY SECTION Ac_H-VILI_F REGIONAL.OFFICE Burnsville North Carolina 28741 -M SUBJECT: East Yancey Water& Sewer District Wastewater Treatment Plant Improvements Sewer System Improvements Approval of the Plans and Specifications Project No. E-SRG-T-05-0141 Dear Mr. Bennett: The review for completeness and adequacy of the project construction plans and specifications has been concluded by the Construction Grants & Loans Section of the North Carolina Division of Water Quality. Therefore, said plan documents are hereby approved with eligibility for State funding determined as follows: Eligible Wastewater Treatment Plant Improvements: The 0.125 MGD South Toe River WWTP consisting of: a headworks structure including a cylindrical (mechanical)bar screen rated at 0.464 mgd peak flow and a manual by-pass bar screen; dual sequencing batch reactors (SBR), each reactor sized at 0.115 MG with 5 Hp floating mixer, decanter, fine-bubble diffusers and dual 50 gpm sludge pumps; a 0.026 MG post equalization tank with three(3) 87 gpm pumps and coarse-bubble diffusers; three(3) 273 cfm blowers and one (1) 81 scm blower; dual effluent disk filters, each rated at 0.3125 mgd peak flow; dual bank ultraviolet disinfection system, with each bank rated at 0.3125 mgd peak flow; effluent flowmeter and composite sampling station; a return plant drain pump station consisting of dual 80 gpm pumps; a 0.063 MG aerobic digester/holding tank with decanter, coarse bubble diffusers and 200 gpm sludge transfer pump; a 668 ftz Laboratory building; 150 kW backup emergency generator with automatic transfer switch; plant SCADA system; and associated site work, electrical work, and yard piping. Sewer System Improvements: Approximately 11,627 linear feet of 8-inch gravity sewer(along Ayles Creek); approximately 22,869 linear feet of 12-inch gravity sewer(along Little Crabtree Creek); the East Yancey 1633 Mail Service Center,Raleigh,North Carolina 27699-1633 Location:2728 Capital Blvd.Raleigh,North Carolina 27604 One 011e arolina Phone:919-733-69001 FAX:919-715-62291 Customer Service:1-877-623-6748 Internet:www.ncwaterqua ti ;Vidaul` An Equal Opportunity(Affirmatine Affirmative Action Employer ` y Mr. Nathan Bennett, County Manager June 17, 2011 -Page-2 WWTP Influent Pump Station consisting of a dual 321 gpm pumps with audible and visual alarms, back up 25 kW generator,telemetry; and approximately 4,854 linear feet of 8-inch force main(along the South Toe River). Non Eligible Any installation of service laterals outside the Right-of-Way. Issuance of this approval letter does not imply availability of funding. You are encouraged not to advertise for bids until you have received the funding offer. In the event that received bids exceed the amount established through the funding offer, and local funds are not adequate to award contract(s), it will be necessary to consider all alternatives including redesign, re-advertising, and rebidding. Neither the State nor Federal Government, nor any of its departments, agencies or employees is or will be a party to the invitation to bids, addenda, any resulting contracts or contract negotiations/changes. In accordance with the Federal Regulations, the Recipient is required to assure compliance with the OSHA safety regulations on the subject project. In complying with this regulatory responsibility,the Recipient should, by letter, invite the Bureau Chief, Education Training and Technical Assistance Unit,NC OSHA Division, 1101 Mail Service Center, Raleigh,NC 27699- 1101, telephone (919) 807-2890, to participate in the Preconstruction Conference to assure that proper emphasis is given on understanding and adhering to the OSHA regulations. It is the responsibility of the Recipient and the Consulting Engineer to insure that the project plan documents are in compliance with Amended N. C. G. S. 133-3 (ratified July 13, 1993). The administrative review and approval of these plans and specifications, and any subsequent addenda or change order, do not imply approval of a restrictive specification for bidding purposes; nor is it an authorization for noncompetitive procurement actions. Any addenda to be issued for subject project plans and specifications must be submitted by the Recipient such that adequate time is allowed for review/approval action by the State, and for subsequent bidder action prior to receipt of bids. It is mandatory for project facilities 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 contractors' responsibilities shall be in complying with these Acts. While rejection of all bids is possible, such action may be taken only with prior State concurrence, and only for good cause. The Recipient will comply with the utilization of minority businesses in accordance with 7 GS 143-128. Mr. Nathan Bennett, County Manager June 17, 2011 Page 3 Attached is a form(Project Bid Information), which is to be completed within 21 days after bids have been received, and submitted to the State for review. It must be accompanied by the documents indicated on the form. Upon review and approval of this information, the State will authorize the Recipient to make the proposed award. Prior to entering into any contract(s)for construction,the recipient must have obtained all applicable project Permits from the State, including an Authorization to Construct and/or Non- Discharge Permit. Two (2) copies of any change order must be promptly submitted by the Recipient to the State. If additional information is requested by the State, a response is required within two (2) weeks, or the change order will be returned without further or final action. One (1) set of the final approved plans and specifications will be forwarded to you. One (1) set of plans and specifications identical to the approved set must be available at the project site at all times. Upon completion of the project construction,the Recipient shall submit a letter confirming that the project has been constructed in accordance with the plans and specifications approved by the State. "As-built"plans will need to be submitted with any changes clearly documented on the plans if the above confirmation cannot be made. If there are any questions concerning this matter,please do not hesitate to contact Seth Robertson, P.E., at(919) 715-6206. Sincerely, .Daniel M. Blaisdell, P.E., Section Chief Construction Grants & Loans Section Attachment kp:sr cc: Randall D. Hintz, P.E. —McGill Associates, P.A., 55 Broad Street,Asheville,NC 28801 DWQ Asheville Regional Office OSHA Bureau Chief, Wanda Lagoe Don Evans Daniel Blaisdell, P.E. Ken Pohlig, P.E. CIG SRG File i 1 % A74LA, NCDENR +.. . North Carolina Department of Environment and Natural Resources_ .:: . Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins ____Z1661�reema Governor Director r� [ WS#e I.- June 17, 2011 J U N 2 1 2011 Mr. Nathan Bennett, County Manager East Yancey Water& Sewer District ?: WATER QUALITY SECTION Room 11, Courthouse ASHIEVILLE REGIONAL OFFICE Burnsville, North Carolina 28741 1 SUBJECT: Authorization to Construct A to C No. 087891A01 ; East Yancey Water& Sewer District? South Toe River Wastewater Treatment Plant '�.Yancey:County Project No. E-SRG-T-05-0141 Dear Mr. Bennett: A letter of request for an Authorization to Construct was received November 3, 2008, 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 the new 0.125 MGD South Toe River Wastewater Treatment Plant, with discharge of treated wastewater into the South Toe River in the French Broad River Basin. This authorization results in the design and permitted capacity,of 0.125 MGD, and is awarded for the construction of the following: A headworks structure including a cylindrical (mechanical) bar screen rated at 0.464 mgd peak flow and a manual by-pass bar screen; dual sequencing batch reactors (SBR), each reactor sized at 0.115 MG with 5 Hp floating mixer, decanter, fine-bubble diffusers and dual 50 gpm sludge pumps; a 0.026 MG post equalization tank with three (3) 87 gpm pumps and coarse-bubble diffusers; three (3)273 cfm blowers and one (1) 81 scm blower; dual effluent disk filters, each rated at 0.3125 mgd peak flow; dual bank ultraviolet disinfection system, with each bank rated at 0.3125 mgd peak flow; effluent flowmeter and composite sampling station; a return plant drain pump station consisting of dual 80 gpm pumps; a 0.063 MG aerobic digester/holding tank with decanter, coarse bubble diffusers and 200 gpm sludge transfer pump; a 668 ft2 Laboratory building; 150 kW backup emergency generator with automatic transfer switch; plant SCADA system; and associated site work, electrical work, and yard piping, 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 Phone:919-807-63001 FAX:919.807-64921 Customer Service:1-877-623-6748 NorthCa.rrofina. Internet:www.nnity\Affirmative www.ncwaterquality.org Action Ai y'tur+al�/ An Equal Opportunity 1 Affirmative Action Employer �/ I i 1 1 Mr.Nathan Bennett, County Manager --- - June 17,201.1-- —_ - Page 2 This Authorization to Construct is issued in accordance with Part III, Paragraph A of NPDES Permit No. NCO087891 issued April 13, 2005, and shall be subject to revocation unless the wastewater treatment facilities are constructed in accordance with the conditions and ,limitations specified in Permit No. NCO087891. The sludge generated from these treatment facilities must be disposed of in accordance with G.S. 143-215.1 and in a manner approved by the Division. In the event that the facilities fail to perform satisfactorily, including the creation of nuisance conditions, the Permittee shall take immediate corrective action, including those as may be required by the Division, such as the construction of additional or replacement wastewater treatment or disposal facilities. The Asheville Regional Office, telephone number(828) 296-4500, shall be notified at least forty-eight(48)hours in advance of operation of the installed facilities so that an on site inspection can be made. Such notification to the regional supervisor shall be made during the normal office hours from 8:00 a.m. until 5:00 p.m. on Monday through Friday, excluding State Holidays. Upon completion of construction and prior to operation of this permitted facility, a certification must be received from a professional engineer certifying that the permitted facility has been installed in accordance with the NPDES Permit, 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. 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, Mr.Nathan Bennett, County Manager June 17, 2011 Page 3 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, ,-&oleen H. Sullins kp:sr cc: Randall D. Hintz, P.E. —McGill Associates, P.A., 55 Broad Street, Asheville,NC 28801 Yancey County Health Department DWQ,Asheville Regional Office,'Surface Water Protection DWQ, Technical Assistance and Certification Unit DWQ, Point Source Branch,NPDES Program Daniel Blaisdell, P.E. Ken Pohlig, P.E. SRG File } East Yancey Water& Sewer District -- A To-C—No.087891A0-1— Project No. E-SRG-T-05-0141 Issued June 17, 2011 Engineer's Certification 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 South Toe River W WTP, located on Wyatt Town Road in Yancey County for the East Yancey Water& Sewer District, hereby state that,to the best of my abilities, due care and diligence was used in the observation of the following construction: A headworks structure including a cylindrical (mechanical)bar screen rated at 0.464 mgd peak flow and a manual by-pass bar screen; dual sequencing batch reactors (SBR), each reactor sized at 0.115 MG with 5 Hp floating mixer, decanter, fine-bubble diffusers and dual 50 gpm sludge pumps; a 0.026 MG post equalization tank with three (3) 87 gpm pumps and coarse-bubble diffusers;three (3) 273 cfm blowers and one(1) 81 scm blower; dual effluent disk filters, each rated at 0.3125 mgd peak flow; dual bank ultraviolet disinfection system, with each bank rated at 0.3125 mgd peak flow; effluent flowmeter and composite sampling station; a return plant drain pump station consisting of dual 80 gpm pumps; a 0.063 MG aerobic digester/holding tank with decanter, coarse bubble diffusers and 200 gpm sludge transfer pump; a 668 ft2 Laboratory building; 150 kW backup emergency generator with automatic transfer switch; plant SCADA system; and associated site work, electrical work, and yard piping, 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 referenced project was observed to be built within substantial compliance and intent of the approved plans and specifications. We understand that the new limits associated with this new 0.125 MGD WWTP now apply. Signature Registration No. Date Send to: Construction Grants & Loans DENR/DWQ 1633 Mail Service Center SEAL Raleigh,NC 27699-1633 7 Davis, Roy From: Williams, Ed Sent: Monday, July 20, 2009 2:29 PM To: Davis, Roy; Menzel, Jeff Subject: FW: Sewers! Ed Williams - Ed.Williams(@ncdenr.gov North Carolina Dept. of Environment and Natural Resources Asheville Regional Office Division of Water Quality - Aquifer Protection Section 2090 U.S. 70 Highway Swannanoa, NC 28778 Tel: 828-296-4500 Fax: 828-299-7043 Notice: E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and therefore may be disclosed to third parties. -----Original Message----- From: Jenifer Morgan [mailto:jmorgan@yancey.main.nc.us] Sent: Saturday, July 18, 2009 8:14 PM To: Starli McDowell Subject: Sewers! Hello again, Starli -- I hope your visit on the South Toe River problem went well -- an environmentalist's work is never done! Thanks for your time today. I hope we can catch some potential problems before they materialize! Just wanted to let you know, that later today I learned from a 5th generation Yancey County native some additional facts about the government of the Town of Burnsville. It may be the only town in WNC that still doesn't have a town/city manager. Rather they are governed by the unpaid mayor and city council, who are the direct boss of all town employees. That makes adequate oversight of town business virtually impossible. Tom Storie is not directly responsible for the operation of the town's treatment plant. Rather this has been contracted out to a firm in Avery County, whose competence is questionable. The town has received the recommendation that they resume direct operation of the sewer system, hiring an appropriate employee to do so. Tom Storie has already retired. He is working halftime on contract for the town, taking care of virtually everything outside the office (streets, lights, sewers, etc.) His contract does NOT include health insurance. Rather he is completely covered by state health insurance as a retired employee. Since the County owns the East Yancey sewer system, It would be entirely appropriate, in fact the only responsible course, for the County to make its own determination of the quality of the town's proposed management plan. Normally, counties which construct a sewer collection and treatment system establish a separate board for the Water and Sewer Distirict. This board then has (hopefully) expertise and continuity, including its 1 i own budget and possibly staff. I imagine there are guidelines for this somewhere in the state laws and regs. -My own-suggestion-- that the-Comm ss-i-oners—consult--ASAP-with the--appropr-fate-exper-ts-at the - School of Government at UNC for their advice on the best structure and process under our particular circumstances (transition to 5-member board, joint project with Town, etc.) It may be, of course, that Walter is ahead of us on all of this and the Commissioners have their own ideas and plans in this area. Looking forward to getting up to speed on all of this -- Jenifer 7 z o�0F wArFq pG Michael F.Easley,Governor William G.Ross Jr.,Secretary I— North Carolina Department of Environment and Natural Resources p Coleen H.Sullins,Director Division of Water Quality December 9, 2008 MEMORANDUM 575,67 365•91 u,11 TO: Roger Edwards, Regional Water Quality Supervisor 2`Zi : 12 P,Z0-1`l 7$ Asheville Regional Office, Division of Water Quality FROM:( Ken Pohlig, P.E., Project Review Engineer UU Design Management Unit SUBJECT: Request for an Authorization to Construct East Yancey Water and Sewer District, Sewer System Improvements NPDES Permit No. NCO087891 Plans, specifications and supporting documents have been received for the subject project. It is requested that comments and recommendations, including the items listed below, be received by January 9, 2009 from the Regional Office Staff: CAMA Compliance With NC Well Construction Standards Groundwater Comments Recommendations for inclusion in the Authorization to Construct _X_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: Plans and Specifications Subsurface/Soils Report Power Outage Information _X_FTSE If you have any questions,please contact me at(919) 715-6221. Attachment _ swc cc: Ken Pohlig, P.E. 1, ' DEC 1 5 2008 Steve Coffey, P.E. File No. WQ0033615 WATER QUALITY SECTION ASH!=Vll.l_E rl_GIQ(\!AI_O'=f�ICE I Construction Grants and Loans Section One 1633 Mail Service Center Raleigh NC 27699-1633 NorthCarolina Phone:919-733-6900/FAX:919-715-6229/Internet:www•nccgi.net An Equal Opportunity/Affirmative Action Employer—50%Recycled/10%Post Consumer Paper Xiturally RECEIVED OF WATER State of North Carolina \O`Z\ IQ Department of Environment and Natural Resources (( GRC Division of Water Quality —r �,QaN SECUM o Flow Tracking/Acceptance for Sewer Extension Permit Applications (FTSE—10/07) Project Applicant Name: East Yancey Water and Sewer District Project Name for which flow is being requested: Wastewater Treatment Plant&Sewer System Improvements More than one FTSE-10107 may be required,for a single project if the owner of the WWTP is not responsible for all pump stations along the route of the proposed wastewater flow. I. Complete this section only if you are the owner of the wastewater treatment plant. a. WWTP Facility Name: _East Yancey Water and Sewer District WWTP b. WWTP Facility Permit M NCO087891 All flows are in MGD c, WWTP facility's permitted flow 0.125 MGD d. Estimated obligated flow not yet tributary to the WWTP ___ 0 e. WWTP facility's actual avg. flow 0 f,Total flow for this specific request 0 g. Total actual and obligated flows to the facility 0 h. Percent of permitted flow used 0 II. Complete this section for each pump station you are responsible for along the route of this proposed wastewater flow. List pump stations located between the project connection point and the WWTP Pump Station Name Approx. Capacity, MGD Approx. Current Avg. (Firm/Design) Daily Flow, MGD WWTP Influent PS 0.125 MOD 0 III, Certification Statement: 1, k.AW H ORW , certify that,to the best of my knowledge,the addition of the volume of wastewater to be permitted in this project has been evaluated along the route to the receiving wastewater treatment facility and that the flow from this project is not anticipated to cause any capacity related sanitary sewer overflows or overburden any downstream pump station en route to the receiving treatment plant under normal circumstances.This analysis has been performed in accordance with local established policies and procedures using the best available data.This certification applies to those items listed abo in Sections Ian for which I am the responsible party. Signature of this form indicates a a e of this wa tewa er Inlow. 1 l I Si in fficial SIwtuie ate Q�QF W ATFi9 pG Michael F.Easley,Governor William G.Ross Jr.,Secretary r North Carolina Department of Environment and Natural Resources ~i O `C Coleen H.Sullins,Director Division of Water Quality December 9, 2008 Ms. Michele Lawhern East Yancey Water and Sewer District Room 11, Courthouse Burnsville, North Carolina 28714 SUBJECT: Acknowledgement of Request for a Non Discharge Permit East Yancey Water and Sewer District Sewer and Pump Station Improvements Permit No. WQ0033615 Dear Ms. Lawhern: The Construction Grants and Loans Section received your request for a Non Discharge Permit and the supporting documentation on December 3, 2008. We will notify you and your engineer upon completion of our review. Your project has been assigned to Ken Pohlig, P.E. He can be reached at(919) 715-6221. If you have any questions concerning this matter, please contact me at(919) 715-6206. Sincerely, (® } liti`' + Seth Robertson, P.E., S ry r Construction Grants and oans Section Design Management Unit swc/dr cc: Randy Hintz, P.E.—McGill Associates, P.A., 55 Broad St., Asheville, NC 28801 Asheville Regional Office) WQ Central Files Ken Pohlig, P.E. L.._._., Steve Coffey, P.E. �� l� L 1�W E. Permit No. WQ0033615 �____-_....__...�_ _.—.W._w.......1 D EC 15 2008 i WATER QUALITY SECTION LEI,E:GIONAL OFFICE Vil � Construction Grants and Loans Section one 1633 Mail Service Center Raleigh NC 27699-1633 ' Phone:919-733.6900/FAX:919-715-6229/Internet:www.nccgi.net NO1fihCc` tuft 1&""'";r ual-GppoduwiWMirm atwe Aetien=EmpleyeF—SG%=ReeyeledWo9k=Pest-GensaumeH ape r ater& Sewer District Subject: East Yancey Water& Sewer District From: Roy Davis <Roy.Davis@ncmail.net> Date: Wed, 17 Dec 2008 14:11:44 -0500 To: Ken Pohlig<Ken.Pohlig@ncmail.net>,keith.haynes@ncmail.net, roy.davis@ncmail.net Ken: The ARO has no recommendations regarding language for inclusion in the non-discharge permit requested by the East Yancey Water& Sewer District(NPDES Permit NC0087891). I am sure that you are aware that the WWTP to serve this sewer has not yet been built. 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 12/17/2008 2:12 PM WA7F Michael F.Easley,Governor � 9wCi William G.Ross Jr.,Secretary L (d Y North Carolina Department of Environment and Natural Resources Coleen H.Sullins,Director Division of Water Quality O 'C Asheville Regional Office SURFACE WATER PROTECTION November 19, 2008 TO: Ken Pohlig, E.I. Project Review Engineer FROM: Jeff Menzel Asheville Regional Office SUBJECT: Request for Authorization to Construct East Yancey Water and Sewer District, South Toe River WWTP Improvements NPDES Permit Number NCO087891 Yancey County The Asheville Regional Office received the Authorization to Construct and the supporting documentation on November 17, 2008. After reviewing the material the Asheville Regional office would like to remind the permitee of the following language which is within its NPDES permit, The permittee will conduct a site-specific survey for the Appalachian elktoe mussel when coordinating the exact location of the outfall pipe with the Division, in order to minimize direct impact to mussel beds. Additionally the permittee has agreed to incorporate UV disinfection and effluent filters, should funding become available for this alternative prior to plant construction. Please do not hesitate to contact me if you have any additional questions or require further explanation.. Jef*Menzel Environmental Specialist Nr thCarolina N aturally 2090 U.S. Highway 70, Swannanoa,N.C. 28778 828/296-4500(Telephone) 828/299-7043(Fax) Customer Service 877-623-6748 [Fwd:Discussion Items for DWQ/WRC/FWS Meeting] Subject: [Fwd: Discussion Items for DWQ/WRC/FWS Meeting] From: Roger Edwards <Roger.Edwards@ncmail.net> Date: Fri, 23 May 2008 13:28:22 -0400 To: Roy Davis <Roy.Davis@ncmail.net> CC: Keith Haynes <Keith.Haynes@ncmail.net>,Don Price<Don.Price@ncmail.net> We need to discuss prior to our Tuesday meeting. Thanks, R. Edwards Roger Edwards - Roger.Edwards@ncinail.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 Subject: Discussion Items for DWQ/WRC/FWS Meeting From: Anita_Goetz@fws.gov Date: Fri, 23 May 2008 12:38:31 -0400 To: Roger.Edwards@ncmail.net, "Steve Fraley" <fraleysj@bellsouth.net> CC: John_Fridell@fws.gov,Gary_Peeples@fws.gov, Tom_Chisdock@fws.gov, Allen_Ratzlaff@fws.gov,Bryan_Tompkins@fws.gov, Brian_Cole@fws.gov, <david.mchenry@ncwildlife.org>, "Mallory Martin" <mallory.martin@ncwildlife.org>, "Jacob Rash". <Jacob.Rash@ncwildlife.org>, <Thomas.russ@ncwildlife.org>, "Ed Williams" <Ed.Williams@ncmail.net>, Tom Augspurger@fws.gov,Mark A Cantrell@fws.gov ' Hi Roger and Steve, The following is a list of agenda items we would like to include in discussions with DWQ during our meeting on Tuesday afternoon: 1. DWQ: Brief overview of NPDES permitting for point source discharge and relationship with the Clean Water Act. 2. Burnsville WWTP: History and current status of NPDES permit compliance. DWQ NPDES permit enforcement activity. Pretreatment requirements. Plant contingency plan for emergency situations and potential for modification. NPDES permit modification potential. Plant upgrades (planned and others needed) , especially effluent discharge modifications. Potential funding sources for new upgrades. 3 . Notification procedures between DWQ/WRC/FWS for incidents at WWTP's and other. Discussion of State/Federal protocol/procedures for fish/mussel mortality and collection/preservation/documentation needs. Short and long-term monitoring needs to determine impacts to biota and document recovery. 4. Public health and safety warnings for WWTP incidents. Who can evaluate hazards to and notify public/agency personnel? Procedure development 1 of 2 5/23/2008 2:58 PM [Fwd:Discussion Items for DWQ/WRC/FWS Meeting] needs. 5. What DWQ needs for FWS to provide in order to elevate profile of WWTP's in or above T/E species occupied/critical habitat designated streams. 6. Status of implementation of ammonia standards for WWTP's. 7. Status of site specific management plan for French Broad/Nolichucky River. B. Planned Micaville WWTP/discharge on South Toe River, implications to critical habitat and concerns. 9. How can we partner to prevent future noncompliance of WWTP's and reduce potential for WWTP incidents? Outreach needed. Potential funding sources. Rural WWTP sources for technical assistance. Please let me know asap if there is anything our agency needs to prepare for the meeting. Thank you, Anita Goetz Anita Goetz U. S. Fish and Wildlife Service Asheville Field Office 160 Zillicoa Street Asheville, NC 28801 (828) 258-3939 ext. 228 (phone) (828) 258-5330 (Fax) anita goetz@gws_gov Roger Edwards <Roier.Edwardsciicnlail.net> NC DENR-Asheville Regional Office Division of Water Quality-Water Quality Section ............_ Content-Type: message/rfc822 Discussion Items for DWQ/WRC/FWS Meeting Content-Encoding: 7bit 5/23/2008 2:5 QG - Michael F. Easley, Governor ? +tea }u William G. Ross Jr., Secretary { ° ° ^North-Garolins;12�.pertment of Environment and Natural Resources Coleen H. Sullins, Director Division of Water Quality SURFACE WATER PROTECTION SECTION September 19, 2007 Michele Lawhern Yancey County South Toe River WWTP 110 Town Square Burnsville, NC 28714 SUBJECT: Privately-owned Collection Systems and Privately-owned Pump Stations Yancey County Dear Ms. Lawhern: As we have continued our evaluations of sewage collection systems management, it was recognized that there are a group of contributors that may not be informed of their individual responsibilities. In March 2000, the North Carolina Environmental Management Commission enacted rules related to sewage collection systems. These rules are now found in the North Carolina Administrative Code 15 NCAC 2T .0403 for deemed permitted facilities. They include facilities with a privately-owned collection system that serve condominiums, apartments, mobile home parks, subdivisions, shopping centers, colleges, etc. that are tributary to larger municipally owned systems, yet are not owned or managed by the municipality. If you are aware of any such privately-owned collection systems, we would also like to be informed of their existence. In addition, we would like to know where any privately-owned pump stations 'are located that are connected to your collection system. The type of information we are requesting is the facility name, location and contact person. If that system is in a state of disrepair or if you have received complaints about it previously, please note that as well. Your attention to this request is most appreciated. We have been notified of problems at some of these facilities in the past and have had a difficult time locating the responsible party to affect a repair to the problem. A response from you within 30 days would be very helpful as we try to ensure that all owners of collection systems are meeting the regulatory requirements of reporting spills and providing the proper operation and maintenance of their systems. Hopefully, this will also be beneficial to the operation of your municipal collection system. No"rthCarolina Nataaa!!y North Carolina Division of Water Quality 2090 US Hwy 70; Swannanoa, NC 28778 Phone(828)296-4500 Internet: www..ncwaterquality.org Customer Service 1-877-623-6748 FAX(828)299-7043 An Equal Opportunity/Affirmative Action Employer—50% Recycled/10%Post Consumer Paper Yancey County Page_2,of 2 ,- ...----_..----- September 19, 2007 Please list: (1) privately-owned collection systems connected to your collection system a. facility name b. location c. contact person d. status of system (i.e. in a state of disrepair, etc.) e. complaints received {2) privately-owned pump stations connected to your collection system a. facility name b. location c. contact person d. status of pump station (i.e. in a state of disrepair, etc.) e. complaints received {3} or if applicable, indicate that you do not have any of these private collection systems or private pump stations connected to you collection system. You may fax this information to the attention of Roy Davis at 828-299-7043. Again, thank you for your assistance. Please contact Roy Davis or Keith Haynes at 828- 296-4500, should you have any questions regarding this request. Sincerel Roger C. Edw rds, Regio/alSupervisor Surface Water Protection Section Cc: DWQ - SWP - Central Files PERCS Unit Asheville Regional Office i � WAr Michael F. Easley, Governor William G. Ross Jr.,Secretary r- r ' North Carolina Department of Environment and Natural Resources > L Coleen H.Sullins, Director ' Division of Water Quality SURFACE WATER PROTECTION SECTION September 6, 2007 Mr. Lawhern Yancey County 110 Town Sq Burnsville, NC 28714 SUBJECT: Wastewater Collection System Owner & Operator Requirements South Toe River WWTP NCO087891 Yancey County Dear Mr. Lawhern: I would like to take this opportunity to discuss the requirements for sewerage collection systems that were first established in 15 NCAC .02H .0200 in March 2000 and are now found in 15 NCAC 2T .0403, Waste Not Discharged to Surface Waters, which became effective September 1, 2006. These Regulations place significant operation, maintenance and reporting requirements on those entities that own or operate a wastewater collection system with average daily flows of less than 200,000 gallons per day. These regulations are applicable to your facility. This letter is provided as guidance to assist you in complying with the new reporting and operations and maintenance (O&M) requirements and to advise you that you are subject to system review, inspections and possible enforcement, if the system is not in compliance with the regulation. For your convenience and easy reference, a highlight of these requirements and the following guidance are offered (see enclosed). You may find the regulations using the following web site: http://h2o.enr.state.nc.us/peres/Collection%2OSystems/ColIectionSystemsHome.htmI The Asheville Regional Office will be increasing the level of oversight, compliance activities and enforcement relating to collections systems, therefore, we wanted to be sure you are aware of the requirements for these systems. We will be performing NPDES Wastewater Collection System inspections sometime in the near future. oe N Carolina vVatumllff North Carolina Division of Water Quality 2090 US Hwy 70; Swannanoa, NC 28778 Phone(828)296-4500 Internet: www..ncwaterquality.org Customer Service 1-877-623-6748 FAX(828)299-7043 An Equal Opportunity/Affirmative Action Employer—50% Recycled/10% Post Consumer Paper I � i September 6, 2007 Page 2 of 2 If this Office has not previously inspected your wastewater collection system and records of same, you should be prepared to demonstrate compliance with all criteria listed above. Enclosed is an inspection form that you can use to assemble your records prior to an inspection by the staff of this Office. This Office has a Wastewater Treatment Plant Consultant on staff to offer assistance to you in complying with the requirements of these regulations. Should you have questions or need additional information regarding this issue, please contact Don Price at (828) 296-4500. Should you have any other questions concerning this correspondence or the requirements relating to collection systems, please contact Roy Davis or Keith Haynes at 828- 296-4500. Sincerely, Roger C. Edwards, Supervisor Surface Water Protection Section cc: Deborah Gore - PERCS Unit - w/out enclosures Asheville Regional Office facility file - w/out enclosures DWQ - SWPS Central Office Files - w/out enclosures F WATF O�� m qpG Michael F.Easley,Governor William G.Ross Jr.,Secretary North Carolina Department of Environment and Natural Resources Q C Alan W.Klimek,P.E.Director \ ' Division of Water Quality r i January 20, 2006 I JA Pd ? , l I i1 Ms. Michele P. Lawhern, County Manager Yancey County Courthouse, Room 11 Burnsville, North Carolina 28714 SUBJECT: Approval - Yancey County East Yancey Water and Sewer District Engineering Report Proposed Wastewater Collection and Treatment System Project No. E-SRG-T-05-0141 Dear Ms. Lawhern: The Construction Grants and Loans Section of the Division of Water Quality has completed its review of the East Yancey Water and Sewer District Engineering Report. The project consists of Phases 1 and 2 of the District's 20-year plan, which includes a total of six project phases. Phases 1 and 2 consist of approximately 28,6O0 linear feet (l.f.) of 12-inch diameter and 11,5001.f. of 8-inch gravity sewer, and a 125,000 gallon per day wastewater treatment plant. The wastewater treatment plant includes an influent pump station, a mechanical ,;screening system with manual bypass, dual sequencing batch reactor units, a post flow equalization tank, dual tertiary filters, ultraviolet disinfection facilities, a sludge holding tank, and an office/laboratory building. The subject East Yancey Water and Sewer District Engineering Report is hereby approved. The county is hereby advised that, prior to submittal of plans and specifications to the Construction Grants and Loans Design Management Unit for review, the Appalachian Elktoe mussel survey must be performed, as noted in the NPDES permit, to confirm that the proposed outfall alignment and discharge point does not adversely impact the Appalachian Elktoe mussel. Construction Grants and Loans Section one 1633 Mail Service Center Raleigh NC 27699-1633 Phone:919-733-6900/FAX:919-715-6229/Internet:www.nccgl.net North 'arolina Alf Equal Opportunity/Affirmative Action Employer—50%Recycled/10%Post Consumer Paper ;VaN + 1b1 i Ms. Michele P. Lawhern, County Manager Page 2 _ I January 20, 2006 If you have any questions concerning this matter, please contact Mr. Larry Horton, P.E. of our staff at (919) 715-6225. Sincerely, 4/. ,Jo n R. Blowe, P.E., Chief Construction Grants and Loans Section KLH:dr cc: McGill Associates—Randall Hintz, P.E. DWQ Asheville Regional Office Daniel Blaisdell, P.E. Amy Simes, P.E. Larry Horton, P.E. DMU/FEU/SRG A Michael F.Easley �Q Governor William G.Ross,Jr.,Secretary ©p NR!J North Carolina Department of Environment and Natural Resources } �i Alan W.Klimek,P.E.,Director Division of Water Quality i April 13, 2005 or �.0 AP H 2- O Ms. Michele Lawhern, District Mgr. i County Courthouse, Room 11 f,_...._..__._...............__..__._... ..._...._9 Burnsville, North Carolina 28714 �ni;,r�:�i c?unu c. ioN Subject: NPDES Permit Issuance Permit No. NCO087891 South Toe River WWTP Yancey County Dear Ms. Lawhern: Division staff have reviewed and approved your application for a new NPDES discharge permit. Accordingly, the Division is forwarding the subject NPDES permit. This permit is issued pursuant to the requirements of North Carolina General Statute 143-215.1 and the Memorandum of Agreement between North Carolina and the U.S. Environmental Protection Agency dated May 9, 1994 (or as subsequently amended). The following items from the DRAFT permit have been retained in this FINAL permit: • A flow limit of 0.125 MGD, which is based on the projected 20-year population growth within the district's service area. Should the facility at a later date consider incorporation of flow from the Town of Burnsville's OMC pump station, you will need to request a major permit modification and submit an application and Engineering Alternatives Analysis. • Effluent permit limits are based on the assumption of 100% domestic wastewater being treated and discharged. Any changes from this assumption will require a permit modification. • BOD and TSS limits require 85% pollutant removal between influent and effluent samples, based on monthly average concentrations. This is a requirement for all municipal wastewater treatment systems. • Secondary limits for BOD5 (30 mg/1), TSS (30 mg/1), and pH (6-9). • A total residual chlorine (TRC) limit of 28 ug/l, which represents a level protective of acute impacts. The TRC limit is appropriate for facilities that might use chlorination for disinfection purposes. Please note that several comments were received from natural resource agencies (i.e., US Fish and Wildlife Service, North Carolina Wildlife Resources Commission, North Carolina Natural Heritage Program) concerning the potential for this discharge to impact the federally- endangered Appalachian elktoe mussel, which is present in the receiving waterbody. Based on discussions with these agencies, the following additional requirements have been incorporated into this Final Permit: • A requirement for twice per month instream monitoring (upstream, downstream) for ammonia and total residual chlorine has been added to Effluent Sheet A(1) for the months of June, July, August, and September. • Addition of Special Condition A (2) - Outfall Survey. The permittee will conduct a site- specific survey for the Appalachian elktoe mussel when coordinating the exact location of the outfall pipe, in order to minimize direct impact to mussel beds. • Addition of Special Condition A(3) -Ammonia Reopener. This permit may be reopened and modified if a new ammonia water quality standard is adopted, or if a site specific N.C.Division of Water Quality I 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 NPDES Permit Issuance Permit No. NCO087891 South Toe River WWTP _ Page 2 _ management strategy is developed for this waterbody in accordance with 15A NCAC 213.0110. In addition, the Division strongly recommends that the permittee evaluate the need for appropriate stormwater controls for future development in this watershed, in order to minimize the potential for secondary impacts to the receiving stream. Please note that you will need to obtain an Authorization to Construct (ATC) permit prior to construction of the wastewater treatment plant. ATC permits are now processed by the DWQ Construction Grants and Loans Section. As discussed above, the permittee will conduct a mussel survey prior to outfall pipe construction. Additionally, the permittee has agreed to incorporate UV disinfection and effluent filters, should funding become available for this alternative prior to plant construction. 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 a demand is made, this permit shall be final and binding. Please take notice 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 ,a of Water Quality, the Division of Land Resources, the Coastal Area Management Act, or any j other federal or local governmental permit. If you have .any questions concerning this permit, please contact Tom Belnick at telephone number (919) 733-5083, ext. 543. Sincerely, n W. Kiiek, P.E. 'j Enclosure:Cover Letter+Permit cc: Asheville Regional Office,Water Quality N D�ON FII Technical Assistance and Certification US Fish and Wildlife Service,Attn:Contaminants Specialist,POBox 33726,Raleigh,NC 27636-3726 NC Wildlife Resources Commission,Division of Inland Fisheries,Attn:Shannon Deaton, 1721 Mail Service Center,Raleigh,NC 27699-1721 NC Rural Economic Development Center,Attn:Dennis Lassiter,4021 Carya Drive,Raleigh,NC 27610 McGill Associates,Attn:Forrest Westhall,POBox 2259,Asheville,NC 28802 Permit No. NCO087891 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, East Yancey Water & Sewer District is hereby authorized to discharge wastewater from a facility located at South Toe River WWTP Wyatt Town Road Micavi1le, North Carolina Yancey County to receiving waters designated as South Toe River in the French Broad River Basin in accordance with effluent limitations, monitoring requirements, and other conditions set forth in Parts I, II, III, and IV hereof. The permit shall become effective May 1, 2005 This permit and the authorization to discharge shall expire at midnight on Apri130, 2010 Signed this day April 13, 2005 an W. Klimek, , Director Division of Water Quality By Authority of the Environmental Management Commission Permit No NC0087891 SUPPLEMENT TO PERMIT COVER SHEET The exclusive authority to operate this facility arises under this NPDES permit. The conditions, requirements, terms and provisions of this NPDES permit governs surface water discharges from this facility. East Yancey Water & Sewer District is hereby authorized to: 1. Construct and operate, after receiving an Authorization to Construct permit, a i 0.125 MGD wastewater treatment plant to be located at the South Toe River WWTP on Wyatt Town Road, Micaville, Yancey County, and; 2. Discharge from said treatment works (via Outfall 001) into the South Toe River, a Class C-Trout water in the French Broad River Basin, at the location specified on the attached map. 1 VaN 1 • Sewer South . _ USGS • .• 1 River WWTP River Basin#: 04-03-06 YanceyCOUDty Receiving Stream: South o. River O0i 89 I Permit No. NCO087891 A M-.-EFFLUENT LfiNIITATIONS AND MONITORING REQUIREMENTS - Beginning on the effective date of this permit and lasting until expiration, the Permittee is authorized to discharge treated wastewater from Outfall 001. Such discharges shall be limited and monitored by the Permittee as specified below: '4 ax3� r a a a r �?`�`4�Y.{ k[y ''�y5�.�5�.Fkzn'+•"�. 't� k i 1 � :-,'1 Mpt �. �':x •. ."a.tf''.''.' h< ��j�_�..u: ..y, - �.x;;' z.._x a Fz 6:r 3 ..?...a a. ..... .a ` .„x .��z ,..:i r?..:?f k u.tux-:,.!1_0i Flow 0.125 MGD Continuous Recording I or E BOD, 5-day, 200C 2 30.0 mg/1 45.0 mg/I Weekly Composite E, I Total Suspended Solids2 30.0 mg/I 45.0 mg/1 Weekly Composite E, I NH3 as N 2/Month Composite E Total Residual Chlorine3 28 ug/I 2/Week Grab E Fecal Coliform(geom.mean) 200/100 ml 400/100 ml Weekly Grab E Dissolved Oxygen Weekly Grab E Temperature Weekly Grab E pH4 Weekly Grab E Total Nitrogen(No,+No9+TIC 2/Year Composite E Total Phosphorus 2/Year Composite E NII3 as N 2/Month5 Grab U, D Total Residual Chlorine 2/Month5 Grab U, D Notes: I. Sample locations: E- Effluent, I-Influent.,U-Upstream, D- Downstream 2. The monthly average effluent BOD5 and TSS concentrations shall not exceed 15%of the respective influent value (85%removal). 3. TRC limit and monitoring apply only if chlorination is used for disinfection. 4. The pH shall not be less than 6.0 standard units nor greater than 9.0 standard units. 5. Instream samples shall be collected during the summer months of June,July,August, and September. There shall be no discharge of floating solids or visible foam in other than trace amounts. Permit No. NCO087891 SUPPLEMENT TO EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS SPECIAL CONDITIONS I A (2). OUTFALL SURVEY The permittee will conduct a site-specific survey for the Appalachian elktoe mussel when coordinating the exact location of the outfall pipe with the Division, in order to minimize direct impact to mussel beds. A(3). AMMONIA REOPENER This permit may be reopened and modified if a new ammonia water quality standard is adopted, or if a site-specific management strategy is adopted for this waterbody in accordance with 15A NCAC 2B.0110. NPDES Permit Requirements Page l of 16 PART II STANDARD CONDITIONS FOR NPDES PERMITS i 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. 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 Dar 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. This method may only be used in situations where effluent flow rates vary less than 15 percent. The grab samples shall be taken at intervals of no greater than 20 minutes apart during any 24-hour period and must be of equal size and of no less than 100 milliliters. Use of this method requires prior approval by the Director. NPDES Permit Requiren., Page 2 o. In accordance with (4) above,influent grab samples shall not be collected more than once per hour. Effluent grab samples shall not be collected more than once per hour except at wastewater treatment systems having a detention time of greater than 24 hours. In such cases, effluent grab samples may be collected at intervals evenly spaced over the 24-hour period that are equal in number of hours to the detention time of the system in number of days. However, the interval between effluent grab samples may not exceed six hours nor the number of samples less than four 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 122.3) 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. 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 the week for any permit parameter(s), that requirement will be so noted on the Effluent Limitations and Monitoring Page(s). DWO or"the Division" The Division of Water Quality,Department of Environment and Natural Resources. EMC The North Carolina Environmental Management Commission. 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 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). Hazardous Substance Any substance designated under 40 CFR Part 116 pursuant to Section 311 of the Clean Water Act. 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. Version 612012003 NPDES Permit Requirements Page 3 of 16 Months 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 limit The average of all samples taken over a calendar quarter. Severe lro_pgLty 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 limitl 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 negligently violates sections 301,302,306,307,308, 318, or 405 of the Act, or any condition or limitation implementing any of such sections in a permit issued under section 402 of the Act, or any requirement imposed in a pretreatment program approved under section 402(a)(3) or 402(b)(8) of the Act,is subject to criminal penalties of$2,500 to $25,000 per day of violation, or imprisonment of not more than 1 year, or both. In the case of a second or subsequent conviction for a negligent violation, a person shall be subject to criminal penalties of not more than $50,000 per day of violation,or by imprisonment of not more than 2 years,or both. [40 CFR 122.41 (a) (2)] Vetsim 2003 NPDES Permit Requirem Page 4 ot� d. Any person who knowing violates such sections, or such conditions or limitations is subject to criminal pen ties o- 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 which has 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 612012003 NPDES Permit Requirements Page 5of16 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. 0 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. Signi atory 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 snake 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 NPDES Permit Requireme. Page 6 of}, c. Changes to authorization: If an authorization under par ph (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]: "1 certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. 1 am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for knowing violations." 12. Permit Actions This permit may be modified, revoked and reissued, or terminated for cause. The filing of a request by the Permittee for a permit modification, revocation and reissuance, or termination, or a notification of planned changes or anticipated noncompliance does not stay any permit condition [40 CFR 122.41 13: Permit Modification,Revocation and Reissuance,or Termination The issuance of this permit does not prohibit the permit issuing authority from reopening and modifying the permit,revoking and reissuing the permit,or terminating the permit as allowed by the laws,rules, and regulations contained in Title 40, Code of Federal Regulations, Parts 122 and 123; Title 15A of the North Carolina Administrative Code,Subchapter 2H.0100;and North Carolina General Statute 143-215.1 et.al. 14. Annual Administering and Compliance Monitoring Fee Requirements The Permittee must pay the annual administering and compliance monitoring fee within thirty days after being billed by the Division. Failure to pay the fee in a timely manner in accordance with 15A NCAC 2H.0105 (b) (4) may cause this Division to initiate action to revoke the permit. Section C. -Operation and Maintenance of Pollution Controls 1. Certified Operator Upon classification of the permitted facility by the Certification Commission, the Permittee shall employ a certified water pollution control treatment system operator in responsible charge (ORC) of the water pollution control treatment system. Such operator must hold a certification of the grade equivalent to or greater than the classification assigned to the water pollution control treatment system by the Certification Commission. The Permittee must also employ one or more certified Back-up.ORCs who possess a currently valid certificate of the type of the system. Back-up ORCs must possess a grade equal to (or no more than one grade less than) the grade of the system [15A NCAC 8G.0201]. The ORC of each Class I facility must: ➢ Visit the facility 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 daily,excluding weekends and holidays ➢ Properly manage and document daily operation and maintenance of the facility ➢ Comply with all other conditions of 15A NCAC 8G.0204. Once the facility is classified, the Permittee shall submit a letter to the Certification Commission designating the operator in responsible charge: a. Within 60 calendar days prior to wastewater being introduced into a new system Version 612012003 NPDES Permit Requirements Page 7 of lG b. Within 120 calendar days of: ➢ Receiving notification of a change in the classification of the system requiring the designation of a new ORC and back-up ORC ➢ A vacancy in the position of ORC or back-up ORC. 2. Proper 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)]. 3. Need to Halt or Reduce not a Defense It shall not be a defense for a Permittee in an enforcement action that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the condition of this permit [40 CFR 122.41 (CA 4. Bypassing of Treatment Facilities a. Bypass not exceeding limitations [40 CFR 122.41 (m) (2)] 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. G. (24-hour notice). c. Prohibition of Bypass (1) Bypass from the treatment facility is prohibited and the Permit Issuing Authority may take enforcement action against a Permittee for bypass,unless: (A) Bypass was unavoidable to prevent loss of life,personal injury or severe property damage; (B) There were no feasible alternatives to the bypass, such as the.use of auxiliary treatment facilities, retention of untreated wastes or maintenance during normal periods of equipment downtime. This condition is not satisfied if adequate backup equipment should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventive maintenance;and (C) The Permittee submitted notices as required under Paragraph b. of this section. (2) Bypass from the collection system is prohibited and the Permit Issuing Authority may take enforcement action against a Permittee for a bypass as provided in any current or future system-wide collection system permit associated with the treatment facility. (3) The Permit Issuing Authority may approve an anticipated bypass, after considering its adverse effects, if the Permit Issuing Authority determines that it will meet the three conditions listed above in Paragraph c. (1) of this section. 5. lip—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 NPDES Permit Requirem't Page 8 of 1 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: .0)An upset occurred and that the Permittee can identify the cause(s) of the upset; (2)The Permittee facility was at the time being properly operated;and (3)The Permittee submitted notice of the upset as required in Part II. E. 6. (b) (B) of this permit. (4)The Permittee complied with any remedial measures required under Part II. B.2. of this permit. d. Burden of proof[40 CFR 122.41 (n) (4)]: The Permittee seeking to establish the occurrence of an upset has the burden of proof in any enforcement proceeding. 6. Removed Substances Solids, sludges, filter backwash, or other pollutants removed in the course of treatment or control of wastewaters shall be utilized/disposed of in accordance with NCGS 143-215.1 and in a manner such as to prevent any pollutant from such materials from entering waters of the State or navigable waters of the United States. The Permittee shall comply with all existing Federal regulations governing the disposal of sewage sludge. Upon promulgation of 40 CFR Part 503, any permit issued by the Permit Issuing Authority for the utilization/disposal of sludge may be reopened and modified, or revoked and reissued, to incorporate applicable requirements at 40 CFR 503. The Permittee shall comply with applicable 40 CFR 503 Standards for the Use and Disposal of Sewage Sludge (when promulgated) within the time provided in the regulation, even if the permit is not modified to incorporate the requirement. The Permittee shall notify. the Permit Issuing Authority of any significant change in its sludge use or disposal practices. 7. Power Failures The Permittee is responsible for maintaining adequate safeguards (as required by 15A NCAC 214.0124 — Reliability) to prevent the discharge of untreated or inadequately treated wastes during electrical power failures either by means of alternate power sources, standby generators or retention of inadequately treated effluent. Section D. Monitoring and Records 1. Representative Sampling Samples collected and measurements taken,as required herein,shall be characteristic of the volume and nature of the permitted discharge. Samples collected at a frequency less than daily shall be taken on a day and time that is characteristic of the discharge over the entire period the sample represents. All samples shall be taken at the monitoring points specified in this permit and, unless otherwise specified, before the effluent joins or is diluted by any other wastestream, body of water, or substance. Monitoring points shall not be changed without notification to and the approval of the Permit Issuing Authority [40 CFR 122.41 (j)]. 2. Reporting Monitoring results obtained during the previous month(s) shall be summarized for each month and reported on a monthly Discharge Monitoring Report (DMR) Form (MR 1, 1.1, 2, 3) or alternative forms approved by the Director,postmarked no later than the 28th day following the completed reporting period. The first DMR is due on the last day of the month following the issuance of the permit or in the case of a new facility, on the last day of the month following the commencement of discharge. Duplicate signed copies of these,and all other reports required herein,shall be submitted to the following address: NC DENR/Division of Water Quality/Water Quality Section ATTENTION: Central Files 1617 Mail Service Center Raleigh,North Carolina 27699-1617 Version 612012003 NPDES Permit Requirements Page 9 of 16 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 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 ➢ 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 122.411: a. The date,exact place,and time of sampling or measurements; b. The individual(s)who performed the sampling or measurements; c. The date(s) analyses were performed; d. The individual(s)who performed the analyses; i NPDES Permit Requiremei. Page 10 of I L e. The analytical techniques or methods used;and f. The results of such analyses. 8. Inspection and Entry The Permittee shall allow the Director, or an authorized representative (including an authorized contractor acting as a representative of the Director),upon the presentation of credentials and other documents as may be required by law, to; a. Enter upon the Permittee's premises where a regulated facility or activity is located or conducted, or where records must be kept under the conditions of this permit; b. Have access to and copy, at reasonable times, any records that must be kept under the conditions of this permit; c. Inspect at reasonable times any facilities, equipment (including monitoring and control equipment),practices, or operations regulated or required under this permit;and d. Sample or monitor at reasonable times, for the purposes of assuring permit compliance or as otherwise authorized by the Clean Water Act,any substances or parameters at any location [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 j additions to the permitted facility [40 CFR 122.410)]. Notice is required only when: a. The alteration or addition to a permitted facility may meet one of the criteria for new sources at 40 CFR 122.29(b);or b. The alteration or addition could significantly change the nature or increase the quantity of pollutants discharged. This notification applies to pollutants subject neither to effluent limitations in the permit, nor to notification requirements under 40 CFR 122.42 (a) 0). c. The alteration or addition results in a significant change in the Permittee's sludge use or disposal practices, and such alternation, addition or change may justify the application of permit conditions that are different from or absent in the existing permit, including notification of additional use or disposal sites not reported during the permit application process or not reported pursuant to an approved land application plan. 3. Anticipated Noncompliance The Permittee shall give advance notice to'the Director of any planned changes to the permitted facility or other activities that might result in noncompliance with the permit [40 CFR 122.410) (2)]. 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 the Clean Water Act [40 CFR 122.410) (3)]. 5. Monitoring Reports Monitoring results shall be reported at the intervals specified elsewhere in this permit [40 CFR 122.410) (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 7 monitoring shall be included in the calculation and reporting of the data submitted on the DMR. Version 612012003 NPDES Permit Requirements Page 11 of 16 6. Twenty-,four I-Iour Reporting a. The Permittee shall report to the Director or the appropriate Regional Office any noncompliance that potentially threatens public health or the environment. Any information shall be provided orally within 24 hours from the time the Permittee became aware of the circumstances. A written submission shall also be provided within 5 days of the time the Permittee becomes aware of the circumstances. The written submission shall contain a description of the noncompliance, and its cause; the period of noncompliance, including exact dates and times, and if the noncompliance has not been corrected, the anticipated time it is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance [40 CFR 122.410) (6)]. 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 122.410) (7)]. 8. Other Information Where the Permittee becomes aware that it failed to submit any relevant facts in a permit application, or submitied incorrect information in a permit application or in any report to the Director, it shall promptly submit such facts or information [40 CFR 122.410) (8)]. 9. Noncompliance Notification The Permittee shall report by telephone to either the central office or the appropriate regional office of the Division as soon as possible, but in no case more than 24 hours or on the next working day following the occurrence or first knowledge of the occurrence of any of the following a. Any occurrence at the water pollution control facility which results in the discharge of significant amounts of wastes which are abnormal in quantity or characteristic, such as the dumping of the contents of a sludge digester; the known passage of a slug of hazardous substance through the facility; or any other unusual circumstances. b. Any process unit failure, due to known or unknown reasons, that render the facility incapable of adequate wastewater treatment such as mechanical or electrical failures of pumps,aerators,compressors,etc. c. Any failure of a pumping station, sewer line, or treatment facility resulting in a by-pass directly to receiving waters without treatment of all or any portion of the influent to such station or facility. Persons reporting such occurrences by telephone shall also file a written report 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 of Water Quality. 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 Version 612012003 i NPDES Permit Requirem, Page 12 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,nor add to the plant's treatment capacity,nor change the treatment process(es) utilized at the treatment plant unless the Division has issued an Authorization to Construct(AtC)permit. Issuance of an AtC will not occur until Final Plans and Specifications for the proposed 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 of the Division of Water Quality, conduct groundwater monitoring as maybe 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'; p) One hundred micrograms per liter 000 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 0 mg/L) for antimony; (3) Five times the maximum concentration value reported for that pollutant in the permit application. b. That any activity has occurred or will occur which would result in any discharge, on a non-routine 'or infrequent basis, of a toxic pollutant which is not limited in the permit, if that discharge will exceed the highest of the following"notification levels"; 0) Five hundred micrograms per liter(500 µg/L); (2) One milligram per liter 0 mg/L) for antimony; -- (3) Ten times the maximum concentration value reported for that pollutant in the permit application. 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 Version 612012003 NPDES Permit Requirements Page 13 of 16 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 MUNCIPAL FACILITIES Section A Publics 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. 1. 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; 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 fumes 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.. 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 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 i NPDES Permit Requiremei, Page 14 of 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 (SUQ The Permittee shall maintain adequate legal authority to implement its approved pretreatment program. 2. Industrial Waste SurveyfIWS) 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. 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 122.42]. The Permittee shall develop,in accordance with 40 CFR 403.5(c) and 15A NCAC 2H-.0909, specific Local Limits to implement the prohibitions listed in 40 CFR 403.5(a) and (b) and 15A NCAC 2H .0909. 5. Industrial User Pretreatment Permits (IUP) &Allocation Tables In accordance with NCGS 143-215.1,the Permittee shall issue to all significant industrial users,permits for operation of pretreatment equipment and discharge to the Permittee's treatment works. These permits shall contain limitations, sampling protocols, reporting requirements, appropriate standard and special conditions, and compliance schedules as necessary for the installation of treatment and control technologies to assure that their wastewater discharge will meet all applicable pretreatment standards and requirements. The Permittee shall maintain a current Allocation Table (AT) which summarizes the results of the 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. 1 Version 612012003 NPDES Permit Requirements Page 15 of 16 6. Authorization to Construct(A to C) 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 Reportinng The Permittee shall require all industrial users to comply with the applicable monitoring and reporting requirements outlined in the Division approved pretreatment program, the industry's pretreatment permit, or in 15A NCAC 2H.0908. 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 WAR 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 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 Summary(PPS) A pretreatment program summary(PPS)on specific forms approved by the Division; c.) Significant Non-Compliance Report(SNCR� The nature of the violations and the actions taken or proposed to correct the violations on specific forms approved by.the Division; d.) Industrial Data Summary Forms (IDSF) Varcinn 9 9 NPDES Permit Requireme. Page 16 of 1 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 NCA.0 2H .0114 and 15A NCAC 2H .0907. . Version 612012003 iA Michael F.Easley,Governor QG William G.Ross Jr.,Secretary y North Carolina Department of Environment and Natural Resources -f Alan W.Klimek,P.E.,Director p Division of Water Qualiry r March 8, 2004Jeremy Cadeau MAR 1 7 2W4McGill Associates P.O. Box 2259Asheville, NC 28802 WATER QUALITY SECTIONSHEVILLE REGIONAL OFFICE Subject: Return No. 2210 NPDES Permit Application/NCO087891 East Yancy Water/Sewer District South Toe River WWTP Yancey County Dear Mr. Cadeau: The Division received your NPDES permit application package for the proposed subject facility on January 13, 2004. Following review of the Engineering Alternatives Analysis (EAA), the Division is returning the application as incomplete for the items listed below. Due to high workload and space constraints, it is standard policy to return applications that require additional information. The application fee will be retained if you resubmit a completed NPDES application within six months. Please include a copy of this letter with your future resubmission. 1. Page 5. The EAA states that connection to the proposed treatment system is not expected to be mandatory unless required to connect by the County Health Department, and estimates that 50% of the customers will actually connect. What is the basis for a 50% connection rate? Has the County Health Department provided any data on the current number of failing septic systems in the district? 2. Page 6. The EAA incorporates a residential wastewater flow rate of 86 gpcd, based on water consumption data for the Town of Burnsville. Does this value account for consumptive loss? For comparison, the Construction Grants and Loans Program recommends that current residential flows based on water billing records subtract out 10% for consumptive loss, and uses a 70 gpcd residential flow rate for future residential population growth. 3. Page 19. The EAA must reference the basis for the Unit Prices presented in Table III-1 (e.g., past bids, manufacturer quotes, Means Construction, etc.). 4. Page 20. The cost estimate for Alternative 2 (Connection to POTW) incorporates a sewer use/capacity depletion charge of$3/1000 gallons. It is unclear how this charge was derived, since the letter from the Town of Burnsville did not include such information. 5. Page 24. Alternative 4 (Individual/Communi.ty Subsurface Systems) was considered technically infeasible and not costed out, due to unsuitable soils and currently failing septic systems in the project area. Please provide supporting documentation from the County Health Department regarding this determination. The soils report within the EAA states that soils on the 11-acre project site are deep, well-drained, and permeable, but there is no discussion as to whether this good soil is an anomaly within the district boundaries. If community systems are technically feasible, they will need to be costed out and compared to the cost for a direct discharge alternative. 6. Page 27. The EAA must reference the basis for the Unit Prices presented in Table III-3 (e.g., past bids, manufacturer quotes, Means Construction, etc.). 7. Page 29. The EAA must reference the basis for the Unit Prices presented in Table III-4 (e.g., past bids, manufacturer quotes, Means Construction, etc.). 8. Page 25. Alternative 5 (NPDES Surface Water Discharge) states that the project will be constructed in two phases- Phase 1 for a design capacity of 0.15 MGD and Phase 2 for an ultimate design flow of 0.4 MGD. It is unclear how the Phase 1 flow request for,0.15 MGD coincides with the six phase buildout scenario summarized previously in Table II-3 (Page 13). Table II-3 projects total wastewater flows of 0.048 MGD (in 2006), 0.049 MGD (in 2007), then increasing to 0.28 MGD (in 2008) after the Town of Burnsville diverts their existing OMC pump station flow to the proposed plant. Thus, a phased flow X V N.C.Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 (919)733-7015 A Customer Service NW p" 1 800 623-7748 .,;ey Water and Sewer District limit of 0.15 MGD does not appear to be justified by the planned buildout scenario. Please explain the rationale for this phased flow request of 0.15 MGD. 9. Pa e 25. It is unclear whether the 7Q 10 and 30Q2 flow values were provided by the USGS or calculated by the consultant. If USGS provided the flow data, please append this data. Otherwise, please present the flow calculations. 10. Page 33. The EAA must reference the basis for the Unit Prices presented in Table III-6 (e.g., past bids, manufacturer quotes, Means Construction, etc.). It is unclear why the cost for a tertiary 0.15 MGD WWTP is priced at $690,100 in Table III-6 (Phase I, Drip Irrigation), but only$400,000 in Table III-3 (Phase I, Direct Discharge). Similarly, it is unclear why the cost for a tertiary 0.25 MGD WWTP is priced at $824,000 gpd in Table III-6 (Phase 2, Drip Irrigation), but only$650,000 in Table III-4 (Phase 2, Direct Discharge). 11. Page 34. The EAA must reference the basis for the Unit Prices presented in Table I1I-7 (e.g., past bids, manufacturer quotes,.Means Construction, etc.). 12. Page 38. The EAA must reference the basis for the Unit Prices presented in Table III-9 (e.g., past bids, manufacturer quotes, Means Construction, etc.). It is unclear why the cost for a secondary 0.15 MGD WWTP is priced at $483,000 in Table III-9 (Phase 1, Spray Irrigation), but only $400,000 for a tertiary 0.15 MGD WWTP in Table III-3 (Phase 1, Direct Discharge). 13. Page 39. The EAA must reference the basis for the Unit Prices presented in Table III-10 (e.g., past bids, manufacturer quotes, Means Construction, etc.). If you have any questions about the contents of this letter or the NPDES permitting process, please call me at 919-733-5083, ext 543. Sincerely, om Belnick NPDES Unit cc: Ms.Michele Lawhern, District Manager,East Yancey Water and Sewer District,County Court House, Room 11, Burnsville,NC 28714 Ms.Julie Haigler,Dir.Water/Sewer Grants,NC,R,rural Economic Development Center, 4021 Carya Drive, Raleigh,NC 27610 Asheville Regional Office,Water Qualityr �r?,V7✓Jla NPDES File ,,eculative Limits Letter NC0087891 Page 2 of 2 State Environmental Policy Act(SE EA/EIS Requirements. A SERA EA/EIS document must be prepared for all projects that 1) need a permit; 2) use public money or affect public lands;and 3) might have a potential to significantly impact the environment. For new wastewater discharges, significant impact is defined as a proposed discharge of>500,000 gpd and producing an instream waste concentration of>33%based on summer 7Q10 flow conditions. For existing discharges,significant impact is defined as an expansion of> 500,000 gpd additional flow. Since your facility is proposing an expansion of<500,000 gpd additional flow, you are not subject to SEPA requirements. Should you have any questions about these speculative limits or NPDES permitting requirements,please feel free to contact me at (919) 733-5083,extension 543. Sinc rely, y I om Belnick NPDES Unit Attachment:EAA Guidance Document cc: (without Attachment) Nlike Apke,McGill Associates,P.O.Box 2259,Asheville,NC 28802 DWQ Asheville Regional Office,Surface Water Protection Central Files NPDES Permit File,NCO087891 OF W A TF� Michael F. Easley � Governor ©Cq A William G.Ross,Jr.,Secretary NCDENR North Carolina Department of Environment and Natural Resources N, Alan W KhmPlc DE1DiEiolof�Q August 4, 2004 AUG - 5 2004 Ms. Michele Lawhem, District Mgr. WATER QUALITY SECTION East Yancey Water & Sewer District ASHEVILLE REGIONAL OFFICE County Courthouse, Room 11 Burnsville, North Carolina 28714 Subject:NPDES Draft Permit Permit No. NCO087891 South Toe River WWTP Yancey County Dear Ms. Lawhem: Please find enclosed the DRAFT permit for the subject wastewater treatment plant for your review and comment. The draft permit includes the following items: • A flow limit of 0.125 MGD, which is based on the projected 20-year population growth within the district's service area. Should the facility at a later date consider incorporation of flow from the Town of Burnsville's OMC pump station, the facility will need to request a major permit modification and submit an application and Engineering Alternatives Analysis. • Effluent permit limits are based on the assumption of 100% domestic wastewater being treated and discharged. Any changes from this assumption will require a permit modification. • BOD and TSS limits require 85% pollutant removal between influent and effluent samples, based on monthly average concentrations. This is a requirement for all municipal wastewater treatment systems. • Secondary limits for BOD5 (30 mg/1), TSS (30 mg/1), and pH (6-9). • A total residual chlorine (TRC) limit of 28 ug/l, which represents a level protective of acute impacts. The TRC limit is appropriate for facilities that might use chlorination for disinfection purposes. • Please note that you will need to obtain an Authorization to Construct (ATC) permit prior to construction of the wastewater treatment plant. Beginning July 1, 2004, ATC permits will be processed by the DWQ Construction Grants and Loans Section. Please provide any comments you have regarding the draft permit to this office by September 10, 2004. At this time, the Division is also publishing a notice in the newspapers of general circulation in Yancey County, inviting public comment on the draft permit. Following the 30-day comment period, we will review all pertinent comments received and take appropriate action on the permit renewal. 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 f �mII®,x..� 1q tlt! , ' ` ' i 1 .. ..f �,. 6 TJ�1�:..'r '7.i i z.... �"d ,. � ..� .. - . . . .n....,.. c 1 Permit No. NCO087891 East Yancey Water & Sewer District South Toe River WWTP Page 2. If you have any questions concerning the draft permit or the other requirements for your facility, please call me at (919) 733-5083, extension 543. Sin rely, Belnick NPDES Unit cc (w/ DRAFT permit): Asheville Regional Office, Surface Water Protection Mike Apke, McGill Associates, P.O.Box 2259, Asheville, NC 28802 NPDES File Permit No. NCO087891 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, East Yancey Water & Sewer District is hereby authorized to discharge wastewater from a facility located at South Toe River WWTP Wyatt Town Road Micaville, North Carolina Yancey County to receiving waters designated as South Toe River in the French Broad River Basin in accordance with effluent limitations, monitoring requirements, and other conditions set forth in Parts 1, 1I, III, and N hereof. The permit shall become effective Month xx, xxxx This permit and the authorization to discharge shall expire at midnight on February 28, 2006 Signed this day Month xx, xxxx DRAFT Alan W. Klimek, P.E., Director Division of Water Quality By Authority of the Environmental Management Commission Permit No. NCO087891 SUPPLEMENT TO PERMIT COVER SHEET The exclusive authority to operate this facility arises under this NPDES permit. The conditions, requirements, terms and provisions of this NPDES permit governs surface water discharges from this facility. East Yancey Water & Sewer District is hereby authorized to: 1. Construct and operate, after receiving an Authorization to Construct permit, a 0.125 MGD wastewater treatment plant to be located at the South Toe River WWTP on Wyatt Town Road, Micaville, Yancey County, and; 2. Discharge from said treatment works (via Outfall 001) into the South Toe River, a Class C-Trout water in the French Broad River Basin, at the location specified on the attached map. ONO ILE East Yancey Water & Sewer South Toe River WWTP Yancey County NCO087891 Permit No. NCO087891 A (1). EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS Beginning on the effective date of this permit and lasting until expiration, the Permittee is authorized to discharge treated wastewater from Outfall 001. Such discharges shall be limited and monitored by the Permittee as specified below: EFP'L �11`LI1 ITATIONS 1V QI ITbRING RE�UIREMElYT5 : � rM C (�EI �TIGS Mn�tis IV '4�ee Ip DailyI }+_. Sargple 5'axn Ie si' s 700,10 a r Average Arr�)rage M 1'11: aximum ��fm� Pe 1Efan ' _.' TY I.bca Flow .0.125 MGD Continuous Recording I or E BOD, 5-day, 20°C 2 30.0 mg/I 45.0 mg/I Weekly Composite E, I Total Suspended Solids2 30.0 mg/1 45.0 mg/I Weekly Composite E, I NH3 as N 2/Month Composite E Total Residual Chlorine3 28 ug/1 2/Week Grab E Fecal Coliform(geom.mean) 200/100 ml 400/100 ml Weekly Grab E Dissolved Oxygen Weekly Grab E Temperature Weekly Grab E pH4 Weekly Grab E Total Nitrogen(No,+No,+TxN) 2/Year Composite E Total Phosphorus 2/Year Composite E Notes: 1. Sample locations: E- Effluent, I- Influent. 2. The monthly average effluent BOD5 and TSS concentrations shall not exceed 15%of the respective influent value (85%removal). 3. TRC limit and monitoring apply only if chlorination is used for disinfection. 4. 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. NCDENR / DWQ FACT SHEET FOR NPDES PERMIT DEVELOPMENT East Yancey Water & Sewer District NPDES No. NCO087891 1.Facility Name: South Toe River 6. Pretreatment Program: No WWTP 2.Permitted F1ow,MGD: 0.125 MGD 7. County: Yancey 3. Facility Class: 2 S. Regional Office: Asheville 4. Facility Status: New 9. USGS Topo Quad: D 1 ONW 5.Permit Status: New 10. USGS Site: Micaville NC r StS�tm G`h r ct�rlstY s 1.Receiving Stream: South Toe River 2. Subbasin: 040306 8. Drainage Area (m12): 59.90 3. Index No.: 7-2-52-(30.5) 9. Summer 7910 (cfs) 26.5 4.Stream Class: C-Trout 10.winter 7Q10 (cfs): 34.5 5. 303(d)Listed: NO 11. 30Q2 (cfs): 50.9 6. 305(b)Status: NA 12.Average Flow(cfs): 176.00 7.Use Support: 13. IWC(%): 0.73% Conditions Incorporated into Permit } Ps�arrteters Affetect Pond ConditonssisConditions)M Add flow limit of 0.125 MGD Flow Limit Based on population/flow projections through 2025, excluding future potential for connecting OMC pump station flows from eastern half of Town of Burnsville. Add secondary limits (30/45 Secondary Limits- BOD Desktop model does not predict mg/1) for BOD. any DO problem with design flow of 0.125 MGD discharging to South Toe River. Minimum DO predicted is 7.66 mg/l, compared to an instream D.O. water quality standard of 6 mg/l for trout waters. Therefore secondary limits are considered protective. Add secondary limits for TSS Secondary Limits- pH,TSS Per Federal Minimum Treatment and pH. Requirements for Municipalities. NPDES PERMIT FACT SHEET East Yancey Water & Sewer District Page 2 NPDES No. NCO087891 Add TRC daily max limit of 28 TRC Cap limit at 28 ug/l based on ug/l. acute toxicity. Limit/monitoring apply only if facility incorporates chlorination for disinfection purposes. Add permit expiration date of Expiration Date Per French Broad expiration date 2/28/2006. schedule. PROJECT NOTES Summary • This is new NPDES, permit application for a minor municipal with a proposed 0.125 MGD discharge of treated domestic wastewater to the South Toe River, at a location just north of Micaville and US Highway 19 in Yancey County. From the proposed discharge location, the South Toe River flows north/northeast for approximately 5 miles before joining the North Toe River. • The South Toe River is classified C-trout waters in the French Broad River Basin (subbasin 040306). The river is not listed as impaired waters on the 303(d) listing. There are no NPDES permitting strategies for the South Toe River specified in the 2000 French Broad River Basin Plan. • Water quality model results predict that secondary limits (30 mg/1 BOD5) will be protective of the instream water quality standard for DO (6 mg/l, trout water). The predicted minimum downstream D.O. is 7.66 mg/l at the design flow of 0.125 MGD. • The applicant has not indicated any significant industrial users (SIUs) that would be discharging to the proposed WWTP. Therefore a Pretreatment program is not necessary at this time. • This proposed project was funded for $3 Million from the N.C. Rural Economic Development Center's Unsewered Communities Program. Permit Development • Applicant submitted a revised application/Engineering Alternatives Analysis (EAA) on 4/16/2004. The original application requested a permitted flow of 0.4 MGD based in part on a wastewater flow diversion from the Town of Burnsville's eastside service area. The revised application seeks a permitted flow of 0.125 MGD based on 20-year projected population growth in the Yancey County Water & Sewer service area. The population projection was based on a population growth rate of 1.43% per year, which is consistent with the growth rate for Yancey County between 1990-2000. • The revised EAA evaluated several wastewater treatment alternatives including connection to existing WWTPs, subsurface systems, and drip/spray irrigation. Costs for the direct discharge alternative were significantly less than the other alternatives. • A Level B desktop model was conducted for the proposed 0.125 MGD discharge to the South Toe River, which has a s7Q10 flow of 26.5 cfs and an annual average flow of 176 cfs. The instream waste concentration during low summer flow (s7Q10 conditions) would be 0.73%. The model predicts a minimum downstream DO of 7.66 mg/1 at permitted flow, which is well above the instream DO water quality standard of 6 mg/1 for trout waters. Thus, secondary BOD limits (30 mg/1) would be protective of the DO water quality standard. • A TRC limit, capped at 28 ug/l for acute effects, will be placed in the permit based on the applicant's proposed use of chlorination for disinfection purposes. DMR Data. • Not Applicable- new facility. Asheville Regional Office. • ARO concurred that the proposed discharge has limited water quality concerns given the large dilution available. Page 2 Version: July 23,2004 NPDES PERMIT FACT SHEET East Yancey Water & Sewer District Page 3 NPDES No. NCO087891 Proposed Schedule for Permit Issuance Draft Permit to Public Notice: 8/11/2004 Permit Scheduled to Issue: 9/27/2004 State Contact If you have any questions on any of the above information or on the attached permit, please contact Tom Belnick at (919) 733-5038, extension 543. Copies of the following are attached to provide further information on the permit development: • Draft Permit NPDES Recommendation by: 7 Z3--O Y Pignature Date Page 3 Version: July 23,2004 State of North Carolina Department of Environment and Natural Resources Asheville Regional Office Michael F. Easley,Governor William G. Ross,Jr., Secretary NCDENR Alan W. Klimek,P.E.,Director NORTH CAROLINA DEPARTMENT OF Division of Water Quality ENVIRONMENT AND NATURAL RESOURCES SURFACE WATER PROTECTION June 17, 2004 MEMORANDUM TO: Rob Brown FROM: Roy Davis (� SUBJECT: Engineering Report East Yancey Water and Sewer District Yancey County I have reviewed those portions of the subject engineering report, submitted by McGill Associates on behalf of the District, relating to sewer construction. Additionally I have discussed the proposed sewer project with the staff person assigned Yancey County and driven and walked selected areas of the District . We concur with McGill' s conclusions relating to the benefits to be derived by the community and the sewer problems to be corrected should the phased project be carried out. The Asheville Regional Office is fully supportive of the local effort to provide sewer service to this area of Yancey County. Xc : Wanda Frazier 2090 U.S.Highway 70,Swannanoa,North Carolina 28778 Telephone 828-296-4500 FAX 828-296-7043 OneNorthCarolina An Equal Opportunity Affirmative Action Employer NaNxIlL.- NNA Michael F.Easley,Governor Q C. William G.Ross Jr.,Secretary 4" North Carolina Department of.Environment and Natural Resources } {a Alan W.Klimek,P.E.Director Division of Water Quality June 9, 2005 > L �_ in > Fri!it MEMORANDUM -" c7z � c rn > Ifii 0 GF1 > �.a TO: Roger Edwards, Surface Water Protection Supervisor ' < �f cn r , Landon Davidson, Aquifer Protection Supervisor { O ...i u i Asheville Regional Office �� a____. FROM: Rob Brown, Project Manager Facilities Evaluation Unit " Construction Grants and Loans Section SUBJECT: East Yancey Water and Sewer District Yancey County Engineering Report One copy of the subject Engineering Report is attached for the Asheville Regional Office's technical review and comment. The Regional Office's technical input concerning this project, based on the Region's knowledge of the subject wastewater facilities, will be greatly appreciated. Please keep this copy of the report for your files and return your comments to this office by July 14, 2005, if possible. Thank you for your continued cooperation and responsiveness. If you have any questions,please contact me at (919) 715-6213 at your earliest convenience. Attachment RB:dr cc: Dan Blaisdell, P.E. FEU/SRL Construction Grants and Loans Section One 1633 Mail Service Center Raleigh NC 27699.1633 NOl't11Ca1'O1111a Phone:919-733-6900/FAX:919-715-6229/Internet:www.nccgi.net -----An-Egt Gppe '®n=Efnpleyef-m-56,%-RecycfedM-e, est-Censu OF WATER Michael F. Easley,Governor � QG William G.Ross Jr.,Secretary O � y North Carolina Department of Environment and Natural Resources y Alan W.Klimek,P.E.,Director p Division of Water Quality E i J U I. 2 8 2004 j w. July 26,2004 � ,j ivis.michelle Lawhern,District Mgr. WATER QUALITY SECTIONCE —n East Yancey Water&'Sewer District ASHEVILLE(REGIONAL OFFI County Courthouse,Room 11 Burnsville,North Carolina 28714 Subject: Speculative Effluent Limits { South Toe River WWTP NPDES Permit#NC0087891 Yancey County Dear 114s.Lawhern: A draft permit for a proposed discharge of 0.125 NIGD at the South Toe River WWTP is currently scheduled for public notice on August 4,2004. This letter is in response to your request for speculative effluent limits for a proposed expansion to 0.4 NIGD at the proposed facility. ¢ Receiving Stream. The proposed facility would..discharge to the South Toe River,approximately 5 miles below the confluence with the North Toe River. The South Toe River in this segment is classified C-Trout waters,with a summer 7Q10 flow of 26.5 cfs. Speculative Limits. The speculative limits were developed based on a Level B Dissolved Oxygen desktop model. Based on t available information,speculative effluent limits for a proposed discharge of 0.4 MGD to the South Toe River are presented in Table 1. A complete evaluation of these limits and monitoring frequencies in addition to monitoring requirements for metals and other toxicants will be addressed upon receipt,of a formal NPDES permit modification request. The model results do not show any significant impact on predicted instteam dissolved oxygen levels from this proposed discharge, assuming the speculative limitations for BODS and NH3 presented iq'Table 1. ' k (i TABLE 1. Speculative Limits for South Toe River WWTP,NCO087891 Effluent Charateistc Effluent Ltzrita cis "t ` Mgnthl Ave',ra e �` eekl �lvera e , „ 1?ail l��aximum _,.. .. _., Flow 0.400 MGD BOD5 30:0 m /I , 45.0 m /I TSS 30.0 mg/1 45.0 m /l NH3 as N Monitor TRC 28 ug/1 Fecal coliform(geometric mean) 200/100 ml 400/100 ml Engineering Alternatives Analysis (E.�11. Please note that the Division cannot guarantee that an NPDES permit modification for expansion to 0.4 MGD will be issued with these speculative limits. Final decisions can only be made after the Division receives and evaluates a formal permit application for the City's proposed discharge. In accordance with the North Carolina General Statutes; the practicable wastewater treatment and disposal alternative with the least adverse impact on the environment is required to be implemented. Therefore,'as a component of all NPDES permit applications for new or expanding flow, a detailed engineering alternatives analysis (EAA) must be prepared. The EAA must justify requested flows, and provide an analysis of potential wastewater treatment alternatives. Alternatives to a surface water discharge, such as spray/drip irrigation, wastewater reuse, or inflow/infiltration reduction,are considered to be environmentally preferable. A copy of the E<k_�k requirements is attached to this letter. Permit applications for new or expanding flow will be returned as incomplete if all EAA requirements are not adequately addressed. If you have any questions regarding these requirements, please contact the DWQ NPDES Unit at 2 ; 733-5083. W DE NR N.C. 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The page numbers in the Table of Contents do not coincide with the page numbers in the body of the report. This should be revised. 2. The Table of Contents should also include any Tables, Figures, or Appendices. 3. The Preliminary Engineering Report and the Environmental Alternatives Analysis should be bound together with the Alternatives Analysis serving as an appendix to the report. The combined report should be entitled"Engineering Report." 4. The revised report should include an Environmental Assessment section. 5. Please include a copy of the NPDES permit in the revised report. 6. Three (3) copies of the revised"Engineering Report" should be submitted. I ,I l i i NCDENR/DIVISION OF WATER QUALITY Water Quality Section/NPDES Unit February 25, 1999 MEMORANDUM To: Forrest Westall D ARO Water Quality Supervisor d From: Mark McIntire 11401V� 6 Asyq��R Uq Subject: Proposed Burnsville WWTP NC0086657 oF��cE Yancey County Attached are copies of the permit application, Environmental Assessment, and letter from me requesting additional information regarding the above referenced project. Please have your appropriate staff member review the attached documents and prepare a staff report and recommendations. Thanks for you help. nt NORTH CAROLINA DEPARTMENT OF , 1 ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY 1 March 9, 1999 '���ICDENR F The Honorable Marvin L. Holland, Mayor .JAMESB.HUNT JR s``v,Y � Town of Burnsville GOVERNOR ��l,r of P. O. Box 97 Burnsville,North Carolina 28714-0097 WAYNE jNCDEYITT t e< 'SECaETwV"RY �a � SUBJECT: Burnsville - Micaville � . t �i1 Wastewater System Improvements Preliminary Engineering Report A PRESTON IOWARDi t �dR Pe` � 1z Dear Mayor Holland: n> tu°s Nsr The Construction Grants and Loans Section has completed its technical review of the subject Preliminary Engineering Report and has the attached comments. Responses to these comments should be submitted for our review and approval as soon as possible. 5 1k'; If you have any questions concerning this matter,please contact me at(919) 715- lf� r� 6209. 1 1 Sincerely, Ryan M. Scruggs Project Manager Facilities Evaluation Unit 1 z Attachment (all cc's) ;v RMS:pe ' cc: McGill & Associates `; AOWille Regional Office Allen Wahab DMU FEU w = SRG Y 1 y ! c CONSTRUCTION GRANTS& LOANS SECTION P.O.BOX 29579, RALEIGH,NORTH CAROLINA 27626-0579 PHONE 91 9-733-6900 FAX 91 9-715-6229 AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER-50%RECYCLED/1 O%POST-CONSUMER PAPER i Town of Burnsville Burnsville-Micaville Wastewater System Improvements Technical Review Comments for the Preliminary Engineering Report 3/9/99 1. Please provide preliminary design calculations for the proposed 300,000 GPD wastewater treatment plant and provide a basic site layout. Confirm that standby power will be provided at the proposed wastewater treatment plant. 2. Identify the number of pumps and the GPM of each pump at the proposed influent pump station. Confirm with calculations that the proposed influent pump station and 8-inch force main will adequately transport the expected 20-year peak flow(300,000 GPD x 2.5 =750,000 GPD) with the largest pump out of service. 3. Please provide calculations for the sizing of the proposed 8-inch and 12-inch gravity sewers. Confirm that the proposed gravity sewers will adequately transport the expected 20-year peak flow at approximately half full. 4. Confirm that the proposed effluent discharge pipe to the South Toe River will be a gravity line. Identify the size and approximate length of the effluent discharge pipe. Confirm with calculations that the proposed effluent discharge pipe will adequately transport the expected 20-year peak flow at approximately half full. 5. The first sentence on page 20 should be revised to correctly state that the proposed wastewater treatment plant's effluent discharge will be into the South Toe River. I I i a I State of North Carolina Department of Environment lik"M V and Natural Resources Division of Water Quality A4 James B. Hunt, Jr., Governor NC ENR Wayne McDevitt, Secretary NORTH CAROLINA DEPARTMENT OF A. Preston Howard, Jr., P.E., Director ENVIRONMENT AND NATURAL RESOURCES February 25, 1999 The Honorable Marvin Holland, Mayor Town of Burnsville Post Office Box 97 Burnsville, North Carolina 28714 Subject: Additional Information Request Town of Burnsville NDPES Permit # NCO086657 Yancey County Dear Mayor Holland: On February 5, 1999, the Division received a permit application for a new 0.5 MGD wastewater treatment facility serving the town of Burnsville. A review of that application has indicated that additional information is needed regarding alternatives to the proposed discharge to the South Toe River. The Environmental Assessment did evaluate alternatives, however the evaluation does not provide sufficient justification for issuance of an NPDES permit. Before further processing of the NPDES permit application can occur, evidence that alternatives were reviewed in detail must be provided. As stated on page 3 of the Environmental Assessment, alternative 2 would involve the extension of a water line to the Micaville area and construction of pump stations to serve the area. The economics of this alternative must be compared to those for alternative 3, construction of a new 0.3 MGD facility. An evaluation of alternative 2 should include an inventory of realistically potential wasteflows so as to support the claim that expansion of the existing Burnsville WWTP may be necessary should it begin accepting wastewater from the Micaville area. Both alternatives must include an inventory of all capital and recurring costs with sites to the sources of those costs. Additionally, a twenty-year present value must be calculated for both alternatives. Finally, some indication that non-discharge alternatives were evaluated must be provided. I am forwarding a copy of this correspondence to Mr. John Coxey, P.E. at McGill Associates, .P.A. If you have any questions or comments regarding this matter, please do not hesitate to contact me at telephone number (919) 733-5083, extension 553. Sincerely Mark McIntire NPDES Unit Cc: NPDES Permit File Asheville Regional Office, Water Quality P.O. Box 29535,RALEIGH,NORTH CAROLINA 27626-0535 TELEPHONE 919-733-5083/FAX 919-733-0719 AN EQUAL OPPORTUNITY AFFIRMATIVE ACTION EMPLOYER 50%RECYCLED/10%POST-CONSUMER PAPER South Toe River From source to U.S.Hwy. 19E B Tr ORW 5/1/87 7-2-52-(1) Left Prong South Toe From source to South Toe River C Tr ORW 5/1/87 7-2-52-3 River Right Prong South Toe From source to South Toe River B Tr ORW 5/1/87 7-2-52-4 River South Toe River From U.S.Hwy. 19E to North Toe River C Tr 7/1/73 7-2-52-(30.5) To: Tom Belnick NPDES Unit Water Quality Section From: Wanda Frazier ;y� Through: Forrest Westall Asheville Regional ice Re: Yancey County - Proposed Discharge: NCO087891 East Yancey Water and Sewer District South Toe River Wastewater Treatment Plant Date: February 10, 2.004 Per your request, the staff report and recommendation is attached. Thanks! SOC PRIORITY PROJECT: Yes x No IF YES, SOC NUMBER TO: NPDES Unit Water Quality Section ATTENTION: Tom Belnick DATE: February 10, 2004 NPDES STAFF REPORT AND RECOMMENDATION Yancey COUNTY PERMIT NUMBER NCO087891 PART I - GENERAL INFORMATION 1. Facility and Address: East Yancey Water and Sewer District South Toe River Wastewater Treatment Facility Wyatt Town Road, Micaville, NC 28755 2. Date of Investigation: Original site visit by ARO staff was in 1997 3. Report Prepared By: Wanda P. Frazier 4. . Contact person: Michele Lawhern, District Manager County Courthouse, Room 11 Burnsville, N.C. 28714 (828) 682-3971 5. Directions to Site: The proposed WWTP site is located east of Burnsville off of Highway 19 East just past the Silver Bullet Convenience Store in Micaville. Turn Left onto Wyatt Town Road (SR 1307). Proceed 1.0 to 1.2 miles. The site is on the right (just past a double wide mobile home). There are cleared, right-of-way power lines through the 11 acre site. 6. Discharge Point: 001 Latitude: 35' 55' 07" Longitude: 820 12' 28" Attached is a USGS map extract indicating treatment facility site and discharge point. USGS Quad No.: D 10 NW USGS Quad Name: Micaville, NC 7. Site size and expansion area consistent with application? _x_Yes No If No, explain: 8. Topography (relationship to flood plain): site is sloping downward toward the adjacent South Toe River page 1 NCO087891 9. Location of nearest dwelling: >1200 feet (site is an .11 acre tract) 10. Receiving stream or affected surface waters: South Toe River a. Classification: C-Trout b. River Basin and Subbasin No.: French Broad 04 03 06 C. Describe receiving stream features and pertinent downstream uses: agriculture, fish and wildlife propagation and other class C uses PART II - DESCRIPTION OF DISCHARGE AND TREATMENT WORKS 1. Volume of wastewater to be permitted: 0.400 MGD (Ultimate Design Capacity) 2. Current permitted capacity of the Wastewater Treatment facility: n/a 3. Actual treatment capacity of the current facility (current design capacity): n/a 4. Date(s) and construction activities allowed by previous Authorizations to Construct issued in the previous two years: none 5. Description of existing or substantially constructed wastewater treatment facilities: n/a 6. Description of proposed wastewater treatment facilities: The treatment facility is new proposed to be constructed in two phases. The design capacity of Phase I is 150,000 gpd. Phase II would upgrade the facility to a capacity of 400,000 gpd. Tertiary treatment is proposed with a dual train package treatment facility employing conventional suspended- growth, activated sludge process. The construction of an influent pump station, mechanical bar screen with manual bypass, an aerated flow equalization basin, aeration tanks, primary settling tanks, aeration, and activated sludge return system, a sludge holding tank and tertiary treatment of the effluent by the use of sand filter technology with chlorination and dechlorination (S02) is proposed. 7. Possible toxic impacts to surface waters: disinfection byproducts 8. Pretreatment Program (POTWs only): in development approved should be required _X_ not needed 9. Residuals handling and utilization/disposal scheme: The Town of Burnsville has agreed to accept and treat biosolids generated at the District's WVVTP. Residuals at the South Toe facility are proposed to be pumped to a sludge holding tank and hauled to the Burnsville WWTP (NC0020290) for treatment as follows: sludge belt filter press, sludge drying beds & aerated static pile composting beds with residuals distribution & marketing (permit number WQ0002834). page 2 NCO087891 10. Treatment plant classification (see attached completed rating sheet): 2 11. Type of Wastewater: Potential Customer Base -Year 2003 The East Yancey Water and Sewer District (EYWASD) currently includes approximately 490 homes and 34 businesses and institutions. US Census figures -- 2.36 persons per household --2003 population estimated at 1,156 persons for the EYWASD. Phase I Micaville area - Taylor Togs (172 residents + 19 businesses) Phase II West Windom (74 r + 13 b) Phase III Georges Fork & Lower Georges Fork (98 r + 2 b) Phase IV Cane Branch Road - (70 r + 0 b) Phase V Bear Wallow Road - (45 r + 0 b) Phase VI SR 1147 - The Reserve (31 r + 0 b) Total Potential Connections: 490 residents + 34 businesses = 524 total SIC Codes(s): 4952 (domestic), 8211 (primary & secondary schools) Primary 04 domestic - single family : 172 residents 03 domestic - schools: 2 elementary & 1 middle school Secondary 02 domestic - industrial / commercial: Taylor Togs & Hickory Springs Main Treatment Unit Code: 01105 01 (conventional activated sludge with primary clarification) 1 (tertiary filters) 0 (not used) 5 (composting - D&M) PART III - OTHER PERTINENT INFORMATION 1. Is this facility being constructed with Construction Grant Funds or are any public monies involved. (municipals only)? yes - The District recently received a grant for $3,000,000 from the North Carolina Rural Economic Development Center's Unsewered Communities Program to construct the first phase of the wastewater collection and treat- ment facility in this area. 2. Special monitoring or limitations (including toxicity) requests: chlorine 3. Important SOC, JOC or Compliance Schedule dates: n/a dates Submission of Plans and Specifications Begin Construction Complete Construction page 3 NCO087891 { 4 WATER POLLUTION CONTROL SYSTEM OPERA CERTIFICATION COMMISSION CLASSIFICATION RATING SHEET FOR WATER POLLUTION CONTROL SYSTElk FACILITY INFORMATION: 4 r NAME OF FACII.TTY: ,,Ei3-t Kip e e9(/)(j ter C��'ooL'r MAILING ADDRESS: D!/��-/ � ,�;"Yew r n ' C $ � ���� lko�� ; r�'1;���v�!%ems N COUNTY: -- yla n j e,! ti � CONTACT PERSON: TELEPHONE: (9.2'3) 3 77� PERMIT NO: >�L �� /��// Check One: NC WQ ✓ HEALTH DP R ORC: `�l� (/f��,� � � �zic�; i TELEPHONE: (_)IV 2I�Z i E RATING INFORMATION: (Before completing this section,please refer to pages 2-4) PERMITTED FLOW: MGD BNR? YES NO a CHECK CLASSIFICATION: WASTEWATER: 1 2 3 4 COLLECTION: 1 �' 2 3 4 F SPRAY IRRIGATION SUBSURFACE LAND APPLICATION PHYSICAL/CHEMICAL GRADE I GRADE II RATED BY: REGION: A eD DATE: REGIONAL OFFICE TELEPHONE NUMBER: L�,2e4) EXT: 2!5 t "s Y Classification of Biological Water Pollution Control Treatment Systems: ` Grade I Biological WPCS - Septic tanVsand filter systems -Biological lagoon systems - Constructed wetlands and associated appurtenances Grade II Biological WPCS - Systems that utilize an activated sludge or fixed growth process with a permitted flow less than or equal to 0.5 million gallons per day(mgd) Grade III Biological WPCS - Systems that utilize an activated sludge or fixed growth process with a permitted flow of greater than 0.5 through 2.5 million gallons per day(mgd) -Grade II systems that are required to achieve(biological nutrient"reduction * Af+�j Grade IV Biological WPCS - Systems that utilizing an activated sludge or fixed growth process with a permitted now of greater than 2.5 million gallons per day (mgd) -Grade III systems that are required to achieve biological nutrient reduction *Biological Nutrient Reduc 'on - ;!�'N The reduction of total nitrogen or total phosphorous by an activated sludge or fixed growth process as required,by the facilities permit. ------------------------------------------------------------------------------------------------------------------- Classification of Collection Water Pollution Control Systems: (whichever provides lowest grade) n Same grade as biological water pollution control system. Grade of system: 'f Based on population served: 1/ 1,500.or Less=Grade I 1,501 to 15,000=Grade II 15,001 to 50,000=Grade III 50,001 or more=Grade IV r 4 F Classification of Spray Irrigation Water Pollution Control Systems: i t Systems which utilize spray irrigation for the reuse or disposal of wasterwater. f These systems include: septic tanks, sand filter,oil/water separators,lagoons, storage basins, screening, sedimentation. Systems other than those listed above shall be subject to additional classification. ----------------------------------------------------------------------------------------------------------------------- Classification of Land Application of Residuals Systems:. Systems permitted and dedicated for land application of residuals that are produced by a water pollution control system or contaminated soils. --------------------------------------------------------------------------------------------------------------------=- Classification of Physical/Chemical Water Pollution Control Treatment Systems: Grade I Physical/Chemical: An water pollution control y y psystem that utilizes a primarily physical process to treat wastewater. This classification includes groundwater remediation systems. ** Grade II Physical/Chemical: Any water pollution control system that utilizes a primarily chemical process to treat wastewater. This classification includes reverse osmosis, # electrodialysis, and ultrafiltration systems. ** 1 t **Any water pollution control system that utilizes a phyicaUchemical process to enhance an t activated sludge or fixed growth process, shall not be subject to additional classification. ------------------------------------------------------------------------------------------------------ ---------------- Classification of Subsurface Water Pollution Control Systems: Systems which utilize the soil for subsurface treatment and disposal of wastewater and/or are required to have a certified operator under 15A NCAC 18A.1961. *** ***Any subsurface system that has as part of its treatment process a water pollution control systems that may be classified under Rules.0302 through.0307 of this section shall be ` subject to addional classification. Definitions Activated Sludge- shall mean a biological wastewater treatment process in which predominantly biodegradable polluntants in wastewater are absorbed, or adsorbed by living aerobic organisms and bacteria. Chemical Process- shall mean a wastewater pollution control system process consisting exclusively of the addition of chemicals to treat wastewater. Collection System shall mean a continuous connections of pipelines,conduits,pumping stations and other related constructions used to conduct wastewater to the water pollution i control system. yy I Electrodialysis System - shall mean a system utlizing a selective separation of dissolved solids process that is based on electrical charge and diffusion through a semipermeable membrane. Physical Process- shall mean any water pollution control system process consisting of electrodialysis,adsorption,absorption, air stripping,gravimetric sedimentation, floation, and filtration as a means of treatment. Reverse Osmosis System- shall mean a system which utilizes solutions and semitpermable membranes to separate and treat wastewater. Ultrafiltration System- shall mean a system which utilizes a membrane filter to remove pollutants from wastewater. Water Pollution Control System-shall mean any system for the collection,treatment, or disposal of wastewater and is classified under the provision of G.S. 90A-37. Note: Please refer to G.S. 90A-37 for additional information and definitions. I 1���� )"�'s�:'^;.';,._:.-. ;� 1.t.�'l�."_•:� :�i,/_.�:fir. rc'�•�-!c�".^���� ;�:� '`:•�' 1 M�e�kark ��'�� yf��l` L�teL-�r°����1c?r°�a S�a'bC.(�� `_ ti <�—•� I \ NO Al P I `f Ji ' l s 1. t4• •s#tf pl is j�t�' Ski U _ �(� i� ---•t`,�. ^•. r,•�*,�` � 51ry�� - i -��� �••' � � � _. 4=/ S,"��I 5 ;�.y ASP• �1 I I"'.firah'>tree •Frss ,�s�: +T , _�, ,, �t—+� _ J J �.. �Ca •+';, �Fi �iJ•,JJ �'.,� ::T ? 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Figure 1 and 168 Broadbill Dr. Ca V;l E?//V C, ( atCi USGS topo map Mooresville, NC 28117 � � /V W 1 - � d FIGURE 1-1 PROJECT LOCATION MAP EAST YAN C EY WATER & SEWER DISTRICT ` u - 1 PF'0bosm.,:.., `^+ D.i's 0SA,L SIj E { \ ,iU Npvf Cam..:. •- ; � �__ _ '' /^,R i, � : , ,; P �/ 71 YANCEY COUNTY�,l , .5 `y, r.�. :,• '' ` �•_, :: BORDER l': AST YAE,Y l '\WAT-ERAPEW DIST{RIG`� S. , N SCALE:V=15,000' e \ \.� •�t t !;°% McG ASSOCIATES =� ENGINEERING•PLANNING•FINANCE 55 BROAD STREET ASHEVILLE,NC PH.(828)252-0575 FIGURE III-4 ► I ALTERNATIVE No. 5 - PHASE 1 I PROPOSED WWTF EAST YAN C EY WATER & SEWER DISTRICT ' 1- FLOW SLUDGE AERATION I LARIFIERS EQUALIZATION HOLDING BASIN BASIN TANK SAND FIL- E < CELLS "I �s INFLUENT I . _ EF LUT FORCE MAIN DI HAfi F: 5 J y tt I g SLUDGEx t LOADING r CH RINE/S02 STATION Y I [NFL EN I � I a I PUM w I idP 1 ASIPHALT STATION I al ,y , 0 OFFICf_ILAB J tr t #I I I Yfi t IELE CAL © I y, I 1 O Io 1 O I g 1 MECHANICALBAR SCREEN � Z 151> EMERGENCY-/ 1 WITH MANUAL` :I tKAj('. 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C"a�\\`\�f��`.. ��\\\., <.�`�\ S..,\ s 'i \\ C t...a;`;`X�",�a'v\'��`' F�e '• c\" `\ xv. \�x\ \'i�``a` `.\`� va a�\ ` .\\\�:�.,zjC\`,\ !F. _`E, c .-�..3•�:?.13�'° ,'<i`•�r,�u`.�� a `e� �`f-\ �::u\�`� �` 3Y 1`a S \.\�\.�1 Z`«'�\ ;p\,`\ ',<Y♦'.y�a````c \ "" `ti\�`��:`x.'•\q�$� \\\ _ a � k` \'Z' �\mix\,``\�\'z` x C • \ ���\\�LC\z--.�\ \K. �\"C <k\\ .�< 'k. \c' iF �.,'aQ:\., `fai\� �wi1�S s. 1`h.' ' r\\ \ xS \t Y�'zx r� - •- v � .r •� � elk♦ i.'� C �\ \\ `f \.. a, a \ \�k2a2z Z I a.,,, .<. :, ,,r•i@gr�a�_Lt..»�b\`�<.�\9.�a e�zxslccs.�..::�,,..:�...:°a�, -.,.At,�>`., .< a\� � ":.\\�\\_.•..- \ NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES � g � DIVISION OF WATER QUALITY May 17, 1999 NCDERJ 4 Honorable Marvin Holland, Mayor �fi "CJAMES B.HUNT JR". Town of Burnsville OVER"cR _ Post Office Box 97 1 / t +, { : r Burnsville,North Carolina 28714r SUBJECT: Approval WAYNE MCDEV171 t ` SECRETARY ° ` ' Burnsville-Micaville Preliminary Engineering Report .iYt�'.S^�yf�i h�gyyi 'p• f�Ls ��nil 1 I'"y71 10 A PRE$TON HOWARD,� Dear Mayor Holland: DIRECTOR] �Ik { 57k`• The subject Burnsville - Micaville Preliminary Engineering Report has been F54 R .4 reviewed by the Division of Water Quality. The project consists of the construction of a new 300,000 GPD wastewater treatment plant and approximately 8 miles of gravity sewer lines. The Preliminary Engineering Report is hereby given approval. j A State High-Unit Cost Grant has been requested for this project. The project falls within the minimum criteria for which the environmental review process is not required. If the funding source changes to the State Revolving Fund (SRF),then the environmental review process must be reinstated. 1 " a If.you have any questions concerning this matter, please contact Mr. Jay Lucas at 3 f� (919) 715-6225. �1yA2 "fi1 1 r a1 - Sincerely, yy "�J✓1::11 / tyw.� y'f.}1�3 tlhi ohn R. Blowe, P.E., Chief Construction Grants & Loans Section RMS /pe . � f t x`qy}yma � cc: McGill Associates DyE� Asheville Regional Office Don Evans DMU/FEU { SRG-Application CONSTRUCTION GRANT$& LOANS SECTION P.O.BOX 29579,RALEIGH,NORTH CAROLINA 27626-0579 PHONE 919-733-6900 FAX 919-715-6229 AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER-50`Yo RECYCLED/i O% POST-CONSUMER PAPER i State of North Carolina -� Department of Environment • • ` and Natural Resources Division of Water Quality p James B. Hunt, Jr., Governor D E N R Bill Holman, Secretary Kerr T. Stevens, Director To: Jeanette Furneyj State Clearinghouse vt��.� From: Gloria Putnam "` DWQ SEPA Coordinator Subject: Town of Burnsville-Micaville Wastewater Treatment Systems Improvements Yancey County DENR#99C-0682,DWQ# 12430 The Division of Water Quality (Division) has reviewed McGill & Associates' August 19, 1999 response to our July 9, 1999 comments on the proposed Burnsville-Micaville Wastewater Treatment Plant. The Division is satisfied with the response and requires no further clarification on the alternatives analysis provided through this intergovernmental review process. If I can be further assistance, please contact me at 919-733-5083, extension 567. Cc: Melba McGee, DENR SEPA Coordinator Mark McIntire,NPDES Unit Wanda Frazier, ARO -State of North Carolina Department of Environment and Natural Resources • Division of Water Quality — -- Micheal F. Easley, Governor William G. Ross, Jr., Secretary NCDENR Gregory J. Thorpe, Ph.D, Acting Director September 6, 2001 Mr. Tom Storie, Public Works Director Town of Burnsville P.O. Box 97 Burnsville,North Carolina 28714 Subject: Speculative Limits for Burnsville/Micaville WWTP Yancey County Dear Mr. Storie: This letter is in response to your request for speculative effluent limits for the expansion of the Burnsville WWTP. Please accept our sincere apology for the delay in the response. The expansion flows of 0.3 and 0.5 MGD were targeted for two discharge points on Little Crabtree Creek. The staff of the NPDES Unit of the Point Source Branch has reviewed this request. Please be advised that response to this request does not guarantee that the Division will issue an NPDES permit to discharge treated wastewater into these receiving waters. It should be noted that expanding facilities, involving an expenditure of public funds or use of public (state) lands, will be required to prepare an environmental assessment (EA) when wasteflows exceed or equal 0.5 MGD. If the EA demonstrates that the project may result in a significant adverse effect on the quality of the environment, an Environmental Impact Statement (EIS) is required. DWQ will not accept a permit application for a project requiring an EA or EIS until: (1) the document has been approved by the Department of Environment and Natural Resources and, (2) a Finding of No Significant Impact (FONSI) has been sent to the state Clearinghouse for review and comment or an EIS has been approved. The Division of Water Quality's Planning Branch can provide further information regarding the requirements of the N.C. Environmental Policy Act. Please contact Milt Rhodes of the DWQ Planning Branch at (919) 733-5083 ext. 366 if you have questions on this subject. Burnsville will also be required to complete an Engineering Alternatives Analysis (EAA) that must be submitted with the application for the NPDES permit. The EAA should contain a clear and strong justification for the expanded facility and an analysis of potential alternatives, which should include a thorough evaluation of non-discharge alternatives. Nondischarge alternatives or alternatives to expansion, such as spray irrigation, water conservation, inflow and �J 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Telephone(919)733-5083 FAX(919)733-0719 An Equal Opportunity Affirmative Action Employer Internet: http://h2o.enr.state.nc.us/ i S Burnsville/Micaville WWTP Speculative Limits Page 2 infiltration reduction, or connection to a regional treatment and disposal system, are considered to be environmentally preferable to a surface water discharge. In accordance with the North Carolina General Statutes, the practicable waste treatment and disposal alternative with the least adverse impact on environment is required to be implemented. The proposed Burnsville/Micaville WWTP will discharge into Little Crabtree Creek. This segment of the river has a.stream classification of C-Trout. The best usage of these waters is for aquatic life propagation and maintenance of biological integrity, including fishing and fish, wildlife,"secondary recreation, agriculture and any other usage except for primary recreation or as a source of water supply for drinking, culinary, or food processing purposes. The trout designation dictates that these are waters which have conditions which shall sustain and allow for trout propagation and survival of stocked trout on a year-round basis. Both discharge points for the Burnsville/Micaville WWTP are into Little Crabtree Creek. Site #1 (Little Crabtree Creek approximately 0.5 miles above the confluence of the South Toe River) has a" drainage area of 21.7 square miles, with an estimated average flow of 48 cfs, a summer 7Q10 of 6.3 cfs and a winter 7Q10 of 9.0 cfs. This discharge point would be less than 100 feet below the Taylor Togs, Inc (NC0023566) outfall. The connection of this 0.010 MGD discharger to the proposed WWTP should be evaluated. Site #2 (Little Crabtree Creek near Windom) has an estimated drainage area of 11 square miles, with an estimated average flow of 24.2 cfs, a summer 7Q10 of 3.2 cfs and a winter 7Q10 of 4.6 cfs. This site is approximately two miles upstream of Site #1. There are no other dischargers near this site, however, the Taylor Togs discharge was included_ as a downstream wastewater input in this site's water quality model. Based on available information, the tentative effluent limits for oxygen-consuming constituents of the Burnsville/Micaville WWTP discharge at the expansion flows of 0.3 and 0.5 MGD are included on the attached effluent sheets. Effluent limits for protection against ammonia toxicity are also recommended. A requirement for quarterly chronic toxicity testing would become a condition of the NPDES permit if industrial wastewater were to be accepted in the WWTP. Chronic toxicity limits at Site#1 below the Taylor Togs discharge for 0.3 MGD and 0.5 MGD would be set at 7% and 11% waste strength, respectively. Chronic toxicity limits at Site #2 near Windom for 0.3 MGD and 0.5 MGD would be set at 13% and 20% waste strength, respectively. If necessary, an evaluation of limits and monitoring requirements for metals and other toxicants will be addressed at the time of a formal permit application. The Division of Water Quality is requiring chlorine limits for all new or expanding dischargers proposing the use of chlorine for disinfection. The process of chlorination/dechlorination of an alternate form of disinfection, such as ultraviolet radiation, should allow the facility to comply this requirement. Burnsville/Micaville WWTP Speculative Limits Page 3 Final NPDES effluent limitations will be determined after a permit application has been submitted to the Division. If there are any additional questions concerning this matter, please feel free to contact Jackie Nowell of my staff at(919) 733-5083 ext. 512. Respectfully, David A. Goodrich NPDES Unit Supervisor Attachments cc: Forrest Westall/Asheville Regional Office Bobby Blowe, Construction Grants Michelle Woolfolk,Modeling/TMDL Unit Central Files NPDES Permit File 1 w fi A. SPECULATIVE EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS - BURNSVILLE/MICAVILLE WWTP (SITE #1) During the period beginning on the effective date of the permit and lasting until expiration, the Permittee is authorized to discharge from outfall 001. Such discharges shall be limited and monitored by the Permittee as specified below: � z n CHARACTERISTICS � � IP � c+ S$b Monthlyr Weekly Daily Measurements Sa Sample Locat one � .ems z t 4wv {�F�y C �� e u Vera e s rage, qJ aximum4 "f,:re uenc Flow 0.3 MGD Continuous Recording Influent or Effluent BOD,5-day,20°C2 30.0 mg/L 45.0 mg/L Weekly Composite Influent&.Effluent Total Suspended Residue 2 30.0 mg/L 45.0 mg/L Weekly Composite Influent&Effluent NH3 as N 10.9 mg/L Weekly Composite Effluent (April 1 -October 31 NH3 as N Weekly Composite Effluent November 1 -March 31 Dissolved Oxygen Weekly Grab Effluen H3 Weekly Grab Effluent Total Residual Chlorine4 28 pg/L 2/Week Grab Effluent Total Nitrogen Semi-annually Composite Effluent (NO2+NO3+TKN) Total Phosphorus Semi-annually Com 'osite Effluent ( - Temperature,°C Daily Grab Effluent Fecal Coliform 200/100 ml 400/100 ml Weekly Grab Effluent (geometric mean Chronic Toxicit 5 Quarterly Composite Effluent Notes: 1. Influent, Effluent 2. The monthly average effluent BODS and Total Suspended Residue concentrations shall not exceed 15% of the respective influent value (85%removal). 3. The pH shall not be less than 6.0 standard units nor greater than 9.0 standard units. 4. Monitoring requirement and limit applies only if chlorine is added for disinfection. 5. Chronic Toxicity(Ceriodaphnia) Pass/Fail @ 7%; This limitation applies only if industrial wastewater accepted by facility There shall be no discharge of floating solids or visible foam in other than trace amounts. �J I I B. SPECULATIVE EFFLUENT LIMITATIONS AND MONITORING i REQUIREMENTS - BURNSVILLE/MICAVILLE WWTP (SITE #1) During the period beginning on the effective date of the permit and lasting until expiration, the Permittee is authorized to discharge from outfall 001. Such discharges shall be limited and monitored by the Permittee as specified below: tt ,Mo thlyxj ` n Weekly paify Measure in Sample` Sample Location es Avera a k-= Maximum §Fre Flow 0.5 MGD Continuous Recording' Influent or Effluent BOD,5-day,20°C2 30.0 mg/L 45.0 mg/L Weekly Composite Influent&Effluent Total Suspended Residue 2 30.0 mg/L 45.0 mg/L Weekly Composite Influent&Effluent NH3 as N 6.9 mg/L Weekly Composite Effluent (April 1 —October 31 NH3 as N 20.0 mg/L Weekly Composite Effluent November 1 —March 31 Dissolved Oxygen Weekly Grab Effluen H3 Weekly Grab Effluent Total Residual Chlorine4 28 Ng/L 2/Week Grab Effluent Total Nitrogen Semi-annually Composite Effluent (NO2+NO3+TKN) Total Phosphorus Semi-annually Composite Effluent Temperature,°C Daily Grab Effluent Fecal Coliform 200/100 ml 400/100 ml Weekly Grab Effluent (geometric mean Chronic Toxicit 5 Quarterly Composite Effluent Notes: 1. Influent, Effluent 2. The monthly average effluent BOD5 and Total Suspended Residue concentrations shall not exceed 15%of the respective influent value (85% removal). 3. The pH shall not be less than 6.0 standard units nor greater than 9.0 standard units. 4. Monitoring requirement and limit applies only if chlorine is added for disinfection. 5. Chronic Toxicity (Ceriodaphnia) Pass/Fail @ 11%; This limitation applies only if industrial wastewater accepted by facility There shall be no discharge of floating solids or visible foam in other than trace amounts. i r� C. SPECULATIVE EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS - BURNSVILLE/MICAVILLE WWTP (SITE #2) During the period beginning on the effective date of the permit and lasting until expiration, the Permittee is authorized to discharge from outfall 001. Such discharges shall be limited and monitored by the Permittee as specified below: 9 a n e £ u3 CHARACTERISTICS ' �� A � xhj.. a s onthly ",h Weekly Daily Measurement °Sample SalnpfeaLocato , 12 a,,. . r_.; .„Avers a ,.;.� Avers a ,Maximum a :F.re u'enc £eT pe' . ; _ � ` Flow 0.3 MGD Continuous Recording Influent or Effluent BOD,5-day,20°C2 30.0 mg/L 45.0 mg/L Weekly Composite Influent&Effluent Total Suspended Residue 2 30.0 mg/L 45.0 mg/L Weekly Composite Influent&Effluent NH3 as N 6.4 mg/L Weekly Composite Effluent (April 1 —October 31 NH3 as N 17.4 mg/L Weekly Composite Effluent November 1 —March 31 Dissolved Oxygen Weekl Grab Effluen H3 Weekly Grab Effluent Total Residual Chlorine4 28 Ng/L 2/Week Grab Effluent Total Nitrogen Semi-annually Composite Effluent (NO2+NO3+TKN) Total Phosphorus Semi-annually Com osite Effluent Temperature,°C Daily Grab Effluent Fecal Coliform 200/100 ml 400/100 ml Weekly Grab Effluent (geometric mean Chronic Toxicity oxicit 5 Quarterly I Composite Effluent Notes: 1. Influent, Effluent 2. The monthly average effluent 130135 and Total Suspended Residue concentrations shall not exceed 15% of the respective influent value (85% removal). 3. The pH shall not be less than 6.0 standard units nor greater than 9.0 standard units. 4. Monitoring requirement and limit applies only if chlorine is added for disinfection. 5. Chronic Toxicity (Ceriodaphnia) Pass/Fail @ 13%; This limitation applies only if industrial wastewater accepted by facility There shall be no discharge of floating solids or visible foam in other than trace amounts. D. SPECULATIVE EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS - BURNSVILLE/MICAVILLE WWTP (SITE #2) During the period beginning on the effective date of the permit and lasting until expiration, the Permittee is authorized to discharge from outfall 001. Such discharges shall be limited and monitored by the Permittee as specified below: CHARACTERISTICSa 3 � ,� r Montiify r Weekly Daily Measurements g Sam�l Sample Location aF i Y (' Y •J Maximums..», Fre; uenc �,.., � a e. x w.. Flow 0.5 MGD Continuous Recording Influent or Effluent BOD,5-day,20°C2 30.0 mg/L 45.0 mg/L Weekly Composite Influent&Effluent Total Suspended Residue 2 30.0 mg/L 45.0 mg/L Weekly Composite Influent&Effluent NH3 as N 4.2 mg/L Weekly• Composite Effluent (April 1 —October 31 NH3 as N 11.0 mg/L Weekly Composite .Effluent. November 1 —March 31 Dissolved Oxygen Weekly Grab Effluen H3 Weekly Grab Effluent Total Residual Chlorine4 28 Ng/L 2/Week Grab Effluent Total Nitrogen Semi-annually Composite Effluent (NO2+NO3+TKN) Total Ros horus Semi-annually Composite Effluent Temperature,°C Daily Grab Effluent Fecal Coliform 200 1100 ml 400/100 ml Weekly Grab Effluent eometric mean Chronic Toxicit 5 Quarterly Composite Effluent Notes: 1. Influent, Effluent 2. The monthly average effluent BOD5 and Total Suspended Residue concentrations shall not exceed 15% of the respective influent value (85% removal). 3. The pH shall not be less than 6.0 standard units nor greater than 9.0 standard units. 4. Monitoring requirement and limit applies only if chlorine is added for disinfection. 5. Chronic Toxicity (Ceriodaphnia) Pass/Fail @ 20%; This limitation applies only if industrial wastewater accepted by facility There shall be no discharge of floating solids or visible foam in other than trace amounts. I ATwj 41KA CDENR North Carolina Department of Environment and Natural Resources Division of Water Infrastructure Pat McCrory Kim H.Colson,PE John E.Skvada,III Governor Acting Director Secretary February 7, 2014 Mr. Nathan Bennett,Manager East.Yancey Water&Sewer District 110 Town Square,Room 11 Burnsville, North Carolina 28714 Subject: Interim Inspection East Yancey County Water&Sewer District East Side Sewer System Improvements Proj. #SRG T-05-0141 Dear Mr. Bennett : The Construction Inspection Group (CIG) of the Infrastructure Finance Section, IFS performed an interim inspection Tuesday January 28, 2014. The Progress meeting conducted at the County Courthouse is generally followed by a field inspection, however the site was not easily accessible due to snow. Regularly scheduled Progress meetings have been scheduled for the 4`h Tuesday each month at 10:00 a.m. The wastewater treatment plant contract is nearing completion and work on the pump station is underway. The other contract for the sewer line work was halted due to US Fish &Wildlife issues. You should review this report take actions or provide responses as indicated, and then file with your project records. You should maintain your project records for 3 years. If you have any questions or find errors or items herein with which you disagree, please contact the undersigned at (919) 707-9185 or via e-mail at gerald.horton@ncdenr.gov. Si erely, Gerald W. Horton, PE Environmental Engineer Construction Inspection Grou Division ivisRECEIVED ces Owl Up,11 cc: Keith Krzywicki -NC Rural Center F E B 1 1 2014 R.L.Haynes—McGill Associates,PA, 55 Broad Street,Asheville,NC 2880 Julie Cubeta,IFS LWater Quality Regional Operations Chuck Cranford;DWQ Asheville Regional Office Asheville Regional Office SRG C:\8sers\gwhorton\8ocuments\Projects(+Active)\E Yancey SRGT 05.0141 gwh\lnt Imp 14-81-28dd E YanceyAnc Infrastructure Finance Section None hCarohna 1633 Mail Service Center,Raleigh,North Carolina 27699-1633 Rtu�a`�� Location:Vh Floor Archdale Building,512 N.Salisbury St.Raleigh,North Carolina 27604 Phone:919-707-9160\FAX:919-715.6229 Internet:ifs.nc.gov An Equal Opportunity I Affirmative Action Employer East Yancey Water&Sewer District Interim Inspection East Side Sewer System Improvements of January 28,2013 Project No.E-SRG-T-05-0141 Page 2 of 2 GENERAL CONCERNS /RECOMMENDATIONS/ACTION ITEMS The following comments and concerns (though not intended to be a complete list)were discussed at previous meetings or at this meeting.Updates are italicized. General comments applicable to Devere contract: 38) Jan. update: work has started on the pump station. Predrilled holes for blasting have been done. When weather permits DeVere will do blasting and begin excavation. [November] -Pump station work will start within weeks. Time for completion of this work is to be determined. Resolution of US COE stop work issue is still in negotiations. 39) November comment- It should be noted that there is an elementary school.in Micaville with a failed septic tank system. The school system is hauling sewage weekly to a remote location at a considerable cost. It would be to the benefit of all concerned to complete this project to avoid this and others costs. 40) Jan update: at today's meeting IFS received latest re-submittal to US COE. [Nov]- For the record, the work stoppage by the US COE on behalf of the US Fish &Wildlife Service that was initiated in June 2012, is reported to be in its final stages of mitigating negotiations. 41) IFS again expressed concern about funding a project which will not be used for some period of time yet. Specifically, equipment may lay dormant for years, warranties will be affected and . operational costs will be incurred until system starts receiving wastewater. Refer to comments numbers 35), 36), 37), 39), and 40) from previous IFS inspection reports. 42) Horton provided contact information to Mr. Bennett to discuss possibility of other funding, specifically, Ms. Julie Cubeta(919)707-9177, CDBG funding coordinator at IFS. CONSTRUCTION INSPECTION As of January 2014, it should understood that the sewer lines and pump station tributary to this new WWTP are yet to be completed, thus there will be some extended period before the WWTP will initiate operations. Completing the collection sewer must be done by bidding the unfinished and retraining work from the Moore& Son contract. Due to this time delay, IFS is under the opinion that the remaining sewer work cannot be built within the remaining funds budgeted for that work. In February 2014 DeVere is finalizing work at WWTP, working on punch list, has operational tests pending and is working to replace some defective equipment(blower). DeVere,pending release from US COE, is yet to complete the force main from the Pump Station, install stream diffuser, pave entrance road and construct the pump station north of US 19E near Micaville. Progress Meeting attendees: Nathan Bennett,County Manager. E Yancey Water&Sewer District 828 682-397.1 Neal McCurry Yancey County Building Inspector R.L. Haynes McGill&Assocs.,Project Mgr. 828 284-780.4 C Alan Mackey McGill, Inspector Herbert Seal Devere Constr. Co., Superintendent 919 616-4003 C Gerald W.Horton,PE NC Infrastructure Finance Section 919 219-5989 C i 1;1i•:`,is ' �'�r �4� `.=nts,.;:s UJ McGill JUN 212014 , A S S O C I A T E S � � E i w � / 1 l�atF.r(1tt�l;i, � EN •GINEERING 8, June 19, 2014 Mr. Chuck Cranford, Assistant Environmental Regional Supervisor NC Department of Environment and Natural Resources Division of Water Quality—Water Resources 2090 US 70 Highway Swannanoa,North Carolina 28778 RE: Request for Written Approval Water Quality Certification No. 3884 East Yancey Water and Sewer District Wastewater Collection & Treatment System Yancey County,North Carolina Dear Chuck: In accordance with the recently acquired Nationwide Permit #12 from the US Army Corps of Engineers (USACE) for the subject project, please accept the enclosed information in support of our request for Written Approval of as required under Water Quality Certification 3884. We have enclosed the following documents for your use: • One (1) copy of the approved Nationwide 12 permit(Action ID 2010-00378) • One(1) copy of the Final Notice of Issuance and Conditions • One(1) copy of a June 6, 2014 letter clarifying specific conditions in the NWP 12 permit • One(1) Copy of the PCN form and attachments • One(1) copy of the plans and sections for each individual impact in the NWP 12 • One (1) copy of the approved Biological Assessment dated January 17, 2014 • One(1) copy of the Biological Opinion dated May 28, 2014 I understand that Forrest Westall, PE of our office has discussed this request with Mr. Landon Davidson. We also note that your office has previously reviewed and approved earlier versions associated with this permit request, and did attend an early meeting with the USACE regarding the two (2)previous issuances of the NWP 12 for this project. As you are aware, the time required for obtaining the attached NWP 12 totaled approximately 24 months, and as such has severely damaged the original project schedule. A substantial amount of effort occurred during this period through the preparation and negotiation of the Biological Assessment and the Biological Opinion with both the Corps and the US Fish and Wildlife Service to resolve any concerns about water quality impacts. We trust that all of these past efforts and documentation will be beneficial towards the Divisions expeditious review and issuance of concurrence. Also note that McGill Associates is prepared to provide any 55 Broad Street P.O.Box 2259 ph: 828.252.0575 Asheville.North Carolina 28801 Asheville,North Carolina 28802 f: 828.252.2518 www.mcgillengineers.coni I Mr. Chuck Cranford, Assistant Environmental Regional Supervisor June 19, 2014 Page 2 additional information you may need to assist you in your review of this request, and is available to meet with you to discuss the project details at your convenience if it would be helpful. We appreciate your assistance with this request and if you need any additional information whatsoever, please do not hesitate to call my cell phone at 828-230-7261. Thank you in advance for your timely assistance with this matter. Sincerely, McGILL ASSOCIATES, P.A. Harry B. Buckner, PE Project Manager HBB/hbb Enclosure cc: Aandon Davidson,NCDENR—Asheville Regional Office Nathan Bennett, District Manager Tasha McCormick, USACE Forrest Westall, PE, McGill Associates p:\2012\12.00404\letters\cc 19june2014.docx d t' ry MCDENR North Carolina Department of Environment and Natural Resources Pat McCrory __..__,r.�., Governor ;E I . )Secretary ttxvision of Water flesourobt July 30, 2014 AUG - 4 2014 Mr. Nathan Bennett, Manager East Yancey Water & Sewer District Water QuawneglonatOpomtitans 110 Town Square, Room 11 ashpvinr Rey=tonal ovic,: Burnsville,North Carolina 28714 SUBJECT: Change Order nos. 10 & 11 Contract-DeVere Construction Co., Inc. East Yancey WWTP Project No. SRG T-05-0141 Dear Mr. Bennett: The North Carolina Division of Water Infrastructure(DWI) has concluded review of the information received in support of subject change orders. Accordingly, the following determinations have been made: Change Order No. 10 $ 49,080.15 Eligible prior to this change order $ 2,789,538.12 Eligible after change order $ 2,838,618.27 CO#10 is for storage stands for the mixers which will be dormant until the plant is placed in service some unknown time in the future. The stands are part of protective work requested by IFS as result of the US Corps of Engineers stop work order which delayed the project. Also included in this change order are heat trace protections, labeling of electrical apparatus and steps to access 3 underground concrete vaults. Contract time was extended 30 days. DWI does not approve or deny time extensions, however the time extension is hereby acknowledged. Change Order No. 11 $ 5,502.38 Eligible prior to this change order $ 2,838,618.27 Eligible after change order $ 2,844,120.65 CO#11 is for installing 2 pipe crossings subcontracting through the DOT contractor, Young &McQueen. Those are the Windom and the QP Station pipe crossings on the nearby US 19 DOT project. Contract time was extended 7 days. IFS does not approve or deny time extensions, so DWI only acknowledges the time extension. For the record, we understand the revised substantial completion date presently stands at May 11, 2013. DWI understands there will yet be a Final change order prepared in order to allow DeVere to complete their contract while there is still other work remaining. In CO# 11 the contract time was extended 7 days for a contract completion date of June 10, 2013, which may h. t;nt'd)c.t n tir;,'d?ut.t tr.tisi' ;Sci.1'/r,L F,E 1 aucey SRC37 05 014 I g'.fu?;)5'.G(`,10.i 1 FINAL PYANU Y fh 14 0 :0.uoe Division of Water Infrastructure 1633 Mail Service Center,Raleigh,North Carolina 27699-1633 Location:512 N.Salisbury St.Raleigh,North Carolina 27604 Phone:919-707-9160 Internet: http://portal.ncdenr.org/web/Wi/home An Equal Opportunity 1 Affirmative Action Employer East Yancey Water& Sewer District DeVere Construction Co., Inc. East Yancey Wastewater Treatment Plant Change Order nos. 10 and 11 State Grant Project no. E-SRG-T05-0141 July 30, 2014 Page 2 of 2 rkY utttp,a., .. yet be revised. The time extension is hereby acknowledged. A Final change order is needed to obtain a ,�tsffox w:r� not dod, and/or complete those work items which were held back during the US Corps of Engineer's stop work directive(delay) initiated on behalf of the US Fish & Wildlife. x These Change Otders.with related procurement documentation have been found to be in compliance with applicable State regulations. However, it should be understood that this approval is administrative only and does not relieve the recipient of the responsibility to ensure the validity of the supporting documentation including the corresponding cost and pricing data. Accordingly, this approval is without prejudice to a redetermination of allowable or of unallowable costs should a post approval review or audit disclose facts not now discernible. This document should be filed with the other SRG project documents in your possession. You should maintain your project records until 3 years after completion of all portions of this project. If you should have any questions, please contact me at(919) 707-9162. Sincerely, Mark L. Hubbard, PE, Assistant Chief Project Management Branch cc: Keith Krzywicki, NC Dept. of Commerce R.L.Haynes —McGill Associates, PA, 55 Broad Street, Asheville, NC 28801 Chuck Cranford,DWQ Asheville Regional Office DWI - Julie Cubeta, Gerald Horton, PE PMB, SRG i t "7 WDENR North Carolina Department of Environment and Natural Resources Pat McCrory John E.Skvarla,III Governor r, ary dfvrsior�or w�tcir Fit ��m;�s, May 29, 2014 Mr. Nathan Bennett, Manager East YanceyWater& Sewer District Water C?tt?Iity Fieoc>nrt!flner,ttfcins 110 Town Square, Room II Burnsville, North Carolina 28714 M W Subject: Interim Inspection East Yancey County Water&Sewer District East Side Sewer System Improvements Proj. # SRG T-05-0141 Dear Mr. Bennett The Construction Inspection Group (CIG) of the Infrastructure Finance Section, IFS performed an interim inspection Tuesday May 27, 2014. Regularly scheduled Progress meetings have been scheduled for the 4`h Tuesday each month at 10:00 a.m. since May 2012. The wastewater treatment plant contract is nearing completion and a Final inspection needs to be scheduled with IFS. Work on the pump station is also nearing completion. The contract for the sewer line work was halted due to US Fish &Wildlife directive and their response is anticipated around June 1. Work on both contracts was (and continues)to be delayed at the Wastewater Treatment Plant and the Pump Station. Unfinished sewer collection system is yet to be bid, thus the sewer system is not yet functional. You should review this report take actions or provide responses as indicated, and then file with your project records. You should maintain your project records for 3 years. If you have any questions or find errors or items herein with which you disagree,please contact the undersigned at (919) 707-9185 or via e-mail at gerald.horton@ncdenr.gov. Si Lrely, Gerald W. Horton, PE Environmental Engineer Construction Inspection Group cc: R.L. Haynes—McGill Associates,PA,55 Broad Street,Asheville,NC 28801 Ellen McKinnan—Martin-McGill Keith Krzywicki—former project manager at Rural Center Julie Cubeta,IFS Chuck Cranford,DWQ Asheville Regional Office SRG C:\Users\gwhodonlDocumenls\Projects(Active)\E Yancey SRGT 05.0141 gwh\Int Insp 14-05-27dd E Yancey.clocx Division of Water Infrastructure 1633 Mail Service Center,Raleigh,North Carolina 27699-1633 Location:512 N.Salisbury St.Raleigh,North Carolina 27604 Phone:919-707-9160 Internet: http://ponal.ncdenr.org/web/wi/home An Equal Opportunity 1 Affirmative Action Employer East Yancey Water&Sewer District Interim Inspection East Side Sewer System Improvements of May 27, 2014 Project No. E-SRG-T-05-0141 Page 2 of 2 GENERAL CONCERNS /RECOMMENDATIONS/ACTION ITEMS The following comments and concerns(though not intended to be a complete list)were discussed at previous meetings or at this meeting.Updates are italicized. General comments applicable to Devere contract: 39) November comment- It should be noted that there is an elementary school in Micaville with a failed'septic t�, system. The school system is F auling`sewage weekly to a remote location at a considerable cost. It would be to the benefit of all concerned to complete this project to avoid this and,others costs. 43) May update:A response was received to this "stop work" matter at last[March] meeting. Until the response from the US Army Corps of Engineers and the US Fish & Wildlife is received, implementation of any warranty plans or letting of the remaining sewer work would be premature. IMPORTANT - Due to the delays experienced on this project, in addition to the uncertainty when the entire system can be rendered operational, and with concerns regarding the tax payers $6,000,000 in grant funds allocated for the project, IFS hereby requests Owner provide: a. a written detailed Plan of Action and time frame to complete the remaining sewer line construction,plan should address estimated cost to complete and time schedule b. a written detailed Plan of Action to Protect the equipment and extend warranties for the equipment at the wastewater treatment plant and the pump station 46) * A wet process performance test was successfully completed. IFS requests copy of this report. 48) * Problems with blowers were resolved. IFS requests copy of this report. 49) Spare parts turnover and documentation as well as O&M manuals are in process. * - indicates IFS requests a response CONSTRUCTION INSPECTION As of May 2014 DeVere is finishing work on punch list items at the WWTP, repairing leaks in tanks at the WWTP,resolving potable well issue, finishing up at pump station and intends to complete all work they can do (allowed to do)by Friday June 6, 2014. The outstanding work delayed because of the US COE matter includes constructing the effluent diffuser into S. Toe River, finish construction to entrance road, and finishing —310 lin. ft. of force main. CHANGE ORDERS-the Engineer, Owner and DeVere have been working on subcontracting with McQueen on some sewer road crossing installations through a change order. This is work Moore& Sons was not allowed to complete and getting this work done via a change order with DeVere is expeditious and cost effective when considering the costs after the US 19 highway contractor, McQueen, finishes their work. Progress Meeting attendees: Nathan Bennett,County Manager E Yancey Water&Sewer District 828 682-3971 Neal McCurry Yancey County Building Inspector R.L. Haynes McGill&Assocs.,Project Mgr. 828 284-7804 C Herbert Seal Devere Constr.Co., Superintendent 919 616-4003 C Gerald W.Horton,PE NC Infrastructure Finance Section 919 219-5989 C 4 NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory John E.Skvaria,III Governor RECEIVED pivlsion of Water Resources May16, 2014 Mr. Nathan Bennett,Manager MAY 2 0 2014 East Yancey Water&Sewer District 110 Town Square, Room 11 Burnsville,North Carolina 28714 Water Ouslity nectlonal Operations Asheville Regional Office SUBJECT: Change Order no. 9 Contract-DeVere Construction Co.,Inc. East Side Sewer System Improvements Project No. SRG T-05-0141 Dear Mr. Bennett: The North Carolina Infrastructure Finance Section has concluded review of the information received in support of subject change order. Accordingly, the following determination has been made: Change Order No. 9 $ 8,350.69 Eligible prior to this change order $2,781,188.05 Eligible after change order $2,789,538.12 CO#9 is for 3 items 1) adding wash water capabilities at influent screening, 2) adding signage required by local building code which was not included in original scope of work&3)increased fabrication costs occurring as a result of attempting to comply with US Fish&Wildlife and wetlands issues. For the record, this change order#9 included a time extension request of 5 days related to these changes. Contract completion date changes from April 29, 2013 to May 4, 2014. IFS does not approve or deny time extensions. This Change Order with related procurement documentation has been found to be in compliance with applicable State regulations. However, it should be understood that this approval is administrative only and does not relieve the recipient of the responsibility to ensure the validity of the supporting documentation including the corresponding cost and pricing data. Accordingly, this approval is without prejudice to a redetermination of allowable or of unallowable costs should a post approval review or audit disclose facts not now discernible. This document should be filed with the other SRG project documents in your possession. You should maintain your project records for 3 years. If you should have any questions, please contact me at(919)707-9162. Si cerely, Lid GN'I1Mwh Mark L. Hubbard,PE,Assistant Chief Project Management Branch cc:. Keith Krzywicki, NC Dept. of Commerce R.L.Haynes—McGill Associates, PA, 55 Broad Street,Asheville, NC 28801 Chuck Cranford,.DWQ Asheville Regional Office SRG C.\Users\gwhorton\Documents\Projects(Active)\E Yancey SRGT 05-0141 gwh\COs\CO#9 EYANCEY DeVere 14-05-dd.doc Division of Water Infrastructure 1633 Mail Service Center,Raleigh,North Carolina 27699-1633 Location:512 N.Salisbury St.Raleigh,North Carolina 27604 Phone:919-707-9160 Internet: hftp://ponal.nedenr.org/web/wi/home An Equal Opportunity\AffirmatNe Action Employer A ®NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory FDe ___,Js74, III Governor EDry ResouMarch 26, 2014 201Mr. Nathan Bennett, Manager East Yancey Water &Sewer District onal O110 Town Square, Room 11ional Burnsville,North Carolina 28714 Subject: Interim Inspection East Yancey County Water&Sewer District East Side Sewer System Improvements Proj. # SRG T-05-0141 Dear Mr. Bennett : The Construction Inspection Group (CIG) of the Infrastructure Finance Section, IFS performed an interim inspection Tuesday March 25, 2014. Regularly scheduled Progress meetings have been scheduled for the 4th Tuesday each month at 10:00 a.m. since May 2012. The wastewater treatment plant contract is nearing completion and a Final inspection needs to be scheduled with IFS. Work on the pump station is also nearing completion. The contract for the sewer line work was halted due to US Fish &Wildlife directive. Thus work on both contracts was (and continues) to be delayed at the Wastewater Treatment Plant and the Pump Station. Unfinished sewer collection system is yet to be bid, thus rendering the system non-operational. It is unclear whether another progress meeting is warranted, but if it is held as regularly scheduled it . will be April 22. The undersigned has jury duty on that date so alternate dates should be considered. You should review this report take actions or provide responses as indicated, and then file with your project records. You should maintain your project records for 3 years. If you have any questions or find errors or items herein with which you disagree,please contact the undersigned at (919) 707-9185 or via e-mail at gerald.horton@ncdenr.gov. Sz erely, / �V Gerald W. Horton, PE Environmental Engineer Construction Inspection Group GwI I/nOl cc: R.L.Haynes—.McGill Associates,PA,55 Broad Street,Asheville,NC 28801 Ellen McKinnan—Martin-McGill Keith Krzywicki—former project manager at Rural Center Julie Cubeta, IFS Chuck Cranford,DWQ Asheville Regional Office SRG C:1UserslgwhortonlDocumentslProjects(Active)1E Yancey SRGT 05-0141 gwhllnt Insp 14-03-25dd'E Yancey.docx Division of Water Infrastructure 1633 Mail Service Center,Raleigh,North Carolina 27699-1633 Location:512 N.Salisbury St.Raleigh,North Carolina 27604 Phone:919-707-9160 Internet: http://podal.ncdenr.org/web/wi/home An Equal Opportunity 1 Affirmative Action Employer East Yancey Water&Sewer District Interim Inspection East Side Sewer System Improvements of March 25, 2014 Project No.E-SRG-T-05-0141 Page 2 of 3 GENERAL CONCERNS /RECOMMENDATIONS/ACTION ITEMS The following comments and c4ncems(though not intended to be a complete list)were discussed at previous meetings or at this meeting. Updates are italicized. General comments applicable to Devere contract: 39) November comment- It should be noted that there is an elementary school in Micaville with a failed septic tank system. The school system is hauling sewage weekly to a remote location at a considerable cost. It would be to the benefit of all concerned to complete this project to avoid this and others costs. 40) March update: no change. [Feb.] -the mitigation/submittal plan is still awaiting comments from the US Corps of Engineers and the US Fish &Wildlife. At February meeting Owner expressed optimism that they would receive comments shortly. Owner mentioned they thought there was a requirement that the US-COE must respond in 90 days. [Jan]-,at today's meeting IFS received copy of latest re-submittal to US CoE. [Nov]-For the record, the work stoppage by the US CoE on behalf of the US Fish &Wildlife Service that was initiated in June 2012, is reported to be in its final stages of mitigating negotiations. 43) IMPORTANT- Due to the delays experienced on this project, in addition to the uncertainty when the entire system can be rendered operational, and with concerns regarding the tax payers $6,000,000 in grant funds allocated for the project, IFS hereby requests Owner provide: a. a written detailed Plan of Action and time frame to complete the remaining sewer line construction,plan should address estimated cost to complete and time schedule b. a written detailed Plan of Action to Protect the equipment and extend warranties for the equipment at the wastewater treatment plant and the pump station 44) At March 25, 2014 progress meeting and interim inspection, Owner has made good faith effort to comply with comment 43) above. At meeting Engineer provided draft of extended warranties, specifically 1-year extension— $26k and 2 year extension— $42k. Regarding completing sewer work, Engineer believes funds do not remain to complete all work, so one possible scenario is to complete line 1 which would serve the elementary school and an industry in need of sewer collection. Engineer also emphasized that the remaining sewer work is ready to advertise and bid upon "release"by USCoE and US Fish &Wildlife. 45) Scheduling completion of remaining work is contingent upon the USCoE and US F&W's response to the most recent"mitigation"report submitted. It is believed USF&W has to render a decision or response on or around April 20`h, 2014. 46) * A wet process performance test was successfully completed this past month. IFS requests copy of this report. 47) Engineer&DeVere discussed providing ladders or steps in vaults not indicated on plans to receive them. This work will be change order. COs through#8 have been approved by IFS. CO#9 was discussed at March meeting and will be submitted to IFS shortly. CO#10 is for completing sewer line work across the major DOT project while time and costs are favorable. G. Horton, IFS reviewed and deemed CO#10 to be eligible. A CO#11 will address miscellaneous items, including heat tape and electrical additions. These are likewise deemed eligible by G. Horton of IFS. 48) * Problems with blowers were resolved. IFS requests copy of this report. 49) Spare parts turnover and documentation as well as O&M manuals are progressing. East Yancey Water&Sewer District Interim Inspection East Side Sewer System Improvements of March 25,2014 Project No. E-SRG-T-05-0141 Page 3 of 3 % * - indicates IFS requests a response CONSTRUCTION INSPECTION As of March 2014 DeVere is working on punch list items at the WWTP, setting up to perform leak test on the tanks at the WWTP, awaiting "release" to construct diffuser into S. Toe River, finish construction to entrance road, finish—310 lin. ft. of force main, finalize well pump issues with subcontractor Justice Well Drilling Company, and have French Broad Electric bring in primary electrical power to the Pump Station. A wet process performance test was successfully completed this past month. The repair of defective blower matter was resolved. Progress Meeting attendees: Nathan Bennett,County Manager E Yancey Water&Sewer District 828 682-3971 Neal McCurry Yancey County Building Inspector R.L. Haynes McGill&Assocs., Project Mgr. 828 284-7804 C Alan Mackey McGill, Inspector Herbert Seal Devere Constr. Co., Superintendent 919 616-4003 C Gerald W. Horton,PE NC Infrastructure Finance Section 919 219-5989 C A4iA North Caroli D WDENR na epartment of Environment and Natural Resources Division of Water Infrastructure Pat McCrory Kim H.Colson,PE John E.Skvada,III Governor Acting Director Secretary February 28, 2014 Mr. Nathan Bennett, Manager East Yancey Water&Sewer District 110 Town Square,Room 11 Burnsville, North Carolina 28714 Subject: Interim Inspection East Yancey County Water& Sewer District East Side Sewer System Improvements Proj. # SRG T-05-0141 Dear Mr. Bennett : The Construction Inspection Group (CIG) of the Infrastructure Finance Section, IFS performed an interim inspection Tuesday February 25, 2014. Regularly scheduled Progress meetings have been scheduled for the 4th Tuesday each month at 10:00 a.m. since May 2012. The wastewater treatment plant contract is nearing completion and a Final inspection needs to be scheduled with IFS. Work on the pump station is also nearing completion. The contract for the sewer line work was halted due to US Fish &Wildlife directive which also delayed work on the Wastewater Treatment Plant and the Pump Station. Work is yet to be bid to finish the remaining sewer work, thus rendering the system non-operational. You should review this report take actions or provide responses as indicated, and then file with your project records. You should maintain your project records for 3 years. If you have any questions or find errors or items herein with which you disagree, please contact the undersigned at(919) 707-9185 or via e-mail at gerald.horton@ncdenr.gov. Sind' W Gerald W. Horton, PE Environmental Engineer Construction Inspection Group awl ligw, cc: R.L.Haynes—McGill Associates,PA,55 Broad Street,Asheville,NC 28801 RECEIVED Division of Water Resources Ellen McKinnan—Martin-McGill, Julie Cubeta,IFS Chuck Cranford;DWQ Asheville Regional Office MAR - 3 2014 SRG Water Duality Regional Operations Asheville Regional Office C;\Users\gwhorton\gocuments\Projects(Active)\E Yancey SRGT 65-9I41 gwh\lnt Insp 14-02-25 E Yancey.doc Infrastructure Finance section None Carolina 1633 Mail Service Center,Raleigh,North Carolina 27699-1633 Location:81h Floor Archdale Building,512 N.Salisbury St.Raleigh,North Carolina 27604 tQt�rQ"�/ Phone:919-707-9160\FAX:919-715.6229 ;/ Internet:ifs.nc.gov An Equal Opportunity I Affirmative Action Employer East Yancey Water&.Sewer District Interim Inspection East Side Sewer System Improvements of February 25,2014 Project No.E-SRG-T-05-0141 Page 2 of 3 GENERAL CONCERNS /RECOMMENDATIONS/ACTION ITEMS The following comments and concerns (though not intended to be a complete list)were discussed at previous meetings or at this meeting.Updates are italicized. General comments applicable to Devere contract: 38) Feb. update: work is well underway at pump station. Wetwell and valve vault have been set. DeVere is awaiting metal platform for generator. Also refer to comments 410 AND 43)below. [Jan]-work has started on the pump station. Predrilled holes for blasting have been done. When weather permits DeVere will do blasting and begin excavation. [November] -Pump station work will start within weeks. Resolution of US COE stop work issue is still in negotiations. 39) November comment- It should be noted that there is an elementary school in Micaville with a failed septic tank system. The school system is hauling sewage weekly to a remote location at a considerable cost. It would be to the benefit of all concerned to complete this project to avoid this and others costs. 40) February update: the mitigation/submittal plan is still awaiting comments from the US Corps of Engineers and the US Fish & Wildlife. At February meeting Owner expressed optimism that they would receive comments shortly. Owner mentioned they thought there was a requirement that the US-COE must respond in 90 days. [Jan]- at today's meeting IFS received latest re-submittal to US COE. [Nov]- For the record, the work stoppage by the US COE on behalf of the US Fish& Wildlife Service that was initiated in June 2012, is reported to be in its final stages of mitigating negotiations. 41) Feb update: see comment 43)below. [Jan]-IFS again expressed concern about funding a project which will not be used for some period of time yet. Specifically, equipment may lay dormant for years, warranties will be affected and operational costs will be incurred until system starts receiving wastewater. Refer to comments numbers 35), 36), 37), 39)', and 40)from previous IFS inspection reports. 43) * IMPORTANT - Due to the delays experienced on this project, in addition to the uncertainty when.the entire system can be rendered operational, and with concerns regarding the tax payers $6,000,000 in grant funds allocated for the project, IFS hereby requests Owner provide: a. a written detailed Plan of Action and time frame to complete the remaining sewer line construction, plan should address estimated cost to complete and time schedule b. a written detailed Plan of Action to Protect the equipment and extend warranties for the equipment at the wastewater treatment plant and the pump station * - indicates IFS requests a response CONSTRUCTION INSPECTION As of February 2014 DeVere is working on punch list items at the WWTP, awaiting release to construct diffuser into S. Toe.River, finish construction to entrance road and constructing the pump station. They are 41so performing operational tests at the WWTP and have received the repaired or defective blower which will be installed shortly. It was noted in January 2014 that the sewer lines and pump station tributary to t46 new WWTP are yet to be completed,thus there will be some extended period before the WWTP will initiate operations. Completing the collection sewer must be done by bidding the uAhNshed and remaining work from the Moore& Son contract. Due to this time delay, IFS is under the opinion'that the remaining sewer work cannot be built within the remaining funds budgeted forr,that work. East Yancey Water&Sewer District Interim Inspection East Side Sewer System Improvements of February 25,2014 Project No.E-SRG-T-05-0141 Page 3 of 3 Progress Meeting attendees: Nathan Bennett,County Manager E Yancey Water&Sewer District 828 682-3971 Neal McCurry Yancey County Building Inspector R.L.Haynes McGill&Assocs., Project Mgr. 828 284-7804 C Alan Mackey McGill, Inspector Herbert Seal Devere Constr. Co., Superintendent 919 616-4003 C Gerald W.Horton,PE NC Infrastructure Finance Section 919 219-5989 C I p 41 k Wiggs, Linda From: Horton, Gerald Sent: Thursday, November 14, 2013 2:27 PM To: RI.Haynes@Mcgillengineers.Com Cc: nathan.bennett@yanceycountync.gov; Hubbard;Mark; Horton, Gerald; Evans, Don; Wiggs, Linda Subject: E Yancey SRG T-05-0141 RL Haynes 828 284-7804 You asked if Owner can get work done in the US 19 corridor that is related to the sewer line work by using McQueen, the road contractor on the US 19 project. Yes and IFS will allow and participate in funding of this work via a subcontract to DeVere or other means as long as the work is done in accordance with the contract laws of NC. In order for IFS to participate in the funding, justification must be provided. If IFS concurs in this justification, we would fund that work to the limitations of the Grant amount. Additional funds may be requested but are not likely available at this time. If you need any help on how to proceed on the work crossing the NC19 corridor please contact me. Gerald Horton, PE Mail address : Infrastructure Finance Section Physical address (FedEx, UPS, visit) : 8th Floor Archdale Bldg. NC Dept. of Environment& Natural Resources 512 N. Salisbury St. 1633 Mail Service Center, Raleigh NC 27699-1633 Raleigh, NC 27604 Direct: 919 707-9185 cell: 919 219-5989 Fax: 919 715-6229 web: ifs.nc.gov email gerald.horton(d.)ncdenr.gov Please note cell phone number has changed E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to thrid parties. 1 i N North Carolina Department of Environment and'Natural,Resources Division of Water Infrastructure Pat McCrory Kim H.Colson,PE e Governor Acting Director cretary October 31, 2013 NOV - 5 2013 Mr. Nathan Bennett, Manager East Yancey Water& Sewer District 1.1WQ/Surface Water ProtectfoT,Section 110 Town Square, Room 11 Asheville Regional Office Burnsville, North Carolina 28714 Subject: Interim Inspection East Yancey County Water& Sewer District East Side Sewer System Improvements Proj. #SRG T-05-0141 Dear Mr. Bennett : The Construction Inspection Group (CIG) of the Infrastructure Finance Section, IFS performed an interim inspection Tuesday October 22, 2013. The Progress meeting conducted at the County Courthouse is generally followed by a field inspection. Regularly scheduled Progress meetings have been scheduled for the 4 b Tuesday each month at 10:00 a.m. The wastewater treatment plant contract is nearing completion. The other contract for the sewer line work was halted due to US Fish &Wildlife issues. That project remains incomplete and it is the intent to rebid the remaining work. If necessary, the next meeting is scheduled for November 26, 2013. Please confirm if meeting is necessary. You should review this report take actions or provide responses as indicated, and then file with your project records. You should maintain your project records for 3 years. If you have any questions or find errors or items herein with which you disagree,please contact the undersigned at (919)707-9185 or via e-mail at gerald.horton@ncdenr.gov. Si rely, ,j A) Gerald W. Horton, PE Environmental Engineer Construction Inspection Group cwt u,� t, cc: Keith Krzywicki -NC Rural Center R.L.Haynes—McGill Associates,PA,55 Broad Street,Asheville,NC 28801 Chuck Cranford,DWQ Asheville Regional Office CIG, SRG C:\Users\gwhorton\Documents\Projects(Active)\E Yancey SRGT 05-0141 gwh\Int kp 13 IG-22dd E Yancey.dac Infrastructure Finance Section NorthCarohna 1633 Mail Service Center,Raleigh,North Carolina 27699.1633 Location:81h Floor Archdale Building,512 N.Salisbury St.Raleigh,North Carolina 27604 �t�t'g"� Phone:919-707-9160\FAX:919.715.6229 Internet:ifs.nc.aov An Equal Opportunity I Affirmative Action Employer East Yancey Water&Sewer District Interim Inspection East Side Sewer System Improvements of October 22, 2013 Project No.E-SRG-T-05-0141 Page 2 of 3 GENERAL CONCERNS /RECOMMENDATIONS/ACTION ITEMS The following comments and concerns (though not intended to be a complete list)were discussed at previous meetings or at this meeting.Updates are italicized. General comments applicable to Devere contract: 33) October update: IFS has reviewed change orders I through 8 and also reviewed CO#8. Since meeting IFS has processed these 8 change orders and determined that all were eligible for funding. [Sept] -IFS discovered it had reviewed but not processed change orders nos. 1 through 7. 34) Oct. update: work may begin on the pump station though off site pipe work is still under restraint by the US COE. As of September meeting Owner obtained pump station easement and relocation. DeVere is now allowed to proceed on the pump station construction, which it has not started. 35) Oct. update: in order to complete the collection system work, that remaining from the Moore & Son contract must be rebid. Approximately$1,250,000 + work remains on that terminated contract. [Sept] -For the record a Final inspection was conducted on the Moore& Son sewer line portion of the project on September 24, 2013. Reader is referred to that Final inspection report. 36) Oct. update: contractor and engineer are still working on costs with major equipment and systems suppliers to determine extended warranty costs and conditions. [Sept] -IMPORTANT - Due to the unique circumstances of having a new WWTP ready for service but with no sewage anticipated to be tributary to it for some time, (2015 or later)Mr. Anthony Hensley asked what recommendations the equipment and process manufacturers would have for long time"storage"or dormancy of their process or equipment. Engineer and DeVere stated they would seek written recommendations from all manufacturers. 37) [Sept] -Related to comment 36) above, IFS questioned Engineer how warranty would be addressed or modified. IFS suggested Owner and Engineer investigate costs for a longer warranty recognizing the equipment at the WWTP operations may not be initiated for a year or more. The IFS inspector investigated to see if such costs would be eligible. These costs would be eligible however funds are very limited. 38) Pump station work will start within weeks. Time for completion of this work is to be determined. Resolution of US COE stop work issue is still in negotiations. 39) It should be noted that there is an elementary school in Micaville with a failed septic tank system. The school system is hauling sewage weekly to a remote location at a considerable cost. It would be to the benefit of all concerned to complete this project to avoid this and others costs. 40) For the record, the work stoppage by the US COE on behalf of the US Fish &Wildlife Service that was initiated in June 2012, is reported to be in its final stages of mitigating negotiations. CONSTRUCTION INSPECTION As of October 2013, it should understood that the sewer lines and pump station tributary to this new WWTP are yet to be completed, thus there will be some extended period before the WWTP will initiate operations. Completing the collection sewer must be done by bidding the unfinished and remaining work from the Moore&Son contract. DeVere is finalizing work at WWTP and working on punch list. DeVere, pending release from US COE, is yet to complete the force main from the Pump Station, install stream diffuser, pave entrance road and construct pump station north of US 19E near Micaville. I East Yancey Water&Sewer District Interim Inspection East Side Sewer System Improvements of October 22,2013 Project No.E-SRG-T-05-0141 Page 3 of 3 CHANGE ORDERS—DeVere Change orders nos. 1 through 8 since October meeting have been reviewed and processed. It was determined all were eligible for funding. Contingency for the total contract originally was were recently discovered by IFS' Gerald Horton and these have not been processed. Devere change orders nos. 1 —8 totaled$37,188 and Moore & Sons totaled$39,120 leaving— $174,500 in the original contingency amount of$250,830. Also note there was a $3,000,000 grant from NC Rural Center. Progress Meeting attendees: Neal McCurry Yancey County Building Inspector Anthony Hensley Town of Burnsville,WWTP Operator R.L.Haynes McGill&Assocs.,Project Mgr. 828 284-7804 C Alan Mackey McGill,Inspector Herbert Seal Devere Constr.Co.,Superintendent 919 616-4003 C Gerald W. Horton,PE NC Infrastructure Finance Section 919 707-9185 ofc. 919 219-5989 C NCDNR North Carolina Department of Environment and Natural Resources Division of Water Infrastr C E 1 V Pat McCrory Kim H.Colson,PE hn E.S aria,III Governor Acting Director ecretary October 2, 2013 OCT - 8 2013 Mr. Nathan Bennett, Manager DWQ/Surface Water Protection Section East Yancey Water &Sewer District Asheville Regional Office 110 Town Square, Room 11 Burnsville, North Carolina 28714 Subject: Interim Inspection East Yancey County Water& Sewer District East Side Sewer System Improvements Proj. #SRG T-05-0141 Dear Mr. Bennett : The Construction Inspection Group (CIG) of the Infrastructure Finance Section, IFS performed an interim inspection Tuesday September 24, 2013. The Progress meeting conducted at the County Courthouse is generally followed by a field inspection. Regularly scheduled Progress meetings have been scheduled for the 4 h Tuesday each month at 10:00 a.m. The wastewater treatment plant contract is nearing completion, however, the sewer line work was halted due to US Fish &Wildlife issues. A Final inspection was conducted on that portion of(sewer line) the p.m. of September 24. If needed, the next meeting is scheduled for October 26, 2013. Please confirm. You should review this report take actions or provide responses as indicated, and then file with your project records. You should maintain your project records for 3 years. If you have any questions or find errors or items herein with which you disagree, please contact the undersigned at(919) 707-9185 or via e-mail at gerald.horton@ncdenr.gov. J Sinelly, Gerald W. Horton, PE Environmental Engineer Construction Inspection Group cc: Keith Krzywicki -NC Rural Center R.L. Haynes—McGill Associates,PA,55 Broad Street,Asheville,NC 28801 Chuck Cranford,DWQ Asheville Regional Office CIG-Mark Hubbard,PE,Gerald Horton SRG File C:\Osers\gwhorton\Documents\Projects(Active)",[Yancey SR9105-0141 ph\Int Insp 13-09-24 E Yancey.doc One Infrastructure Finance Section NorthCarolina 1633 Mail Service Center,Raleigh,North Carolina 27699.1633 - ��t�r�`�� Location:81h Floor Archdale Building,512 N.Salisbury St.Raleigh,North Carolina 27604 Phone:919.707-91601 FAX:919-715-6229 Internet:ifs.nc.gov An Equal Opportunity 1 Affirmative Action Employer East Yancey Water&Sewer District Interim Inspection East Side Sewer System Improvements of September 24,2013 Project No.E-SRG-T-05-0141 Page 2 of 3 GENERAL CONCERNS /RECOMMENDATIONS/ACTION ITEMS The following comments and concerns (though not intended to be a complete list)were discussed at previous meetings or at this meeting.Updates are italicized. General comments applicable to Devere contract: 32) September update: on the same date as this inspection on the DeVere/WWTP work, IFS conducted a Final inspection on the Moore &Son Site Contractors, Inc. sewer line contract which had only achieved approximately 50% completion. Reader is referred to that Final inspection report. [August]- In September, Engineer and IFS will review work in place on the Moore &Son sewer line contract to close out that part of the project so Engineer may proceed on re-bidding completion of that work. A closeout checklist is attached. 33) IFS discovered it had reviewed but not processed change orders nos. 1 through 7. 34) As of September meeting Owner obtained pump station easement and relocation. DeVere is now allowed to proceed on the pump station construction, which it has not started. 35) For the record a Final inspection was conducted on the Moore& Son sewer line portion of the project on September 24, 2013. Reader is referred to that Final inspection report. 36) IMPORTANT -Due to the unique circumstances of having a new WWTP ready for service but with no sewage anticipated to be tributary to it for some time, Mr. Anthony Hensley asked what recommendations the equipment and process manufacturers would have for long time"storage" or dormancy of their process or equipment. Engineer and DeVere stated they would seek written recommendations from all manufacturers. 37) Related to comment 36) above, IFS questioned Engineer how warranty would be addressed or modified. IFS suggested Owner and Engineer investigate costs for a longer warranty recognizing the equipment at the WWTP operations may not be initiated for a year or more. The IFS inspector investigated to see if such costs would be eligible. These costs would be eligible however funds are very limited. PROJECT &LOAN BUDGET The East Yancey Water and Sewer District was approved for a State High Unit Cost Grant from the Water Infrastructure Fund in the amount of$3,000,000. The Rural Center is also providing funding for the project, their commitment is $3,000,000. Project budget is Item COST Devere $2,744,000.00 Moore&Son Site Contractors, Inc. $2,272,592.50 see comment 35) above Contingency $ 250,830.00 Technical Services $ 538,159.00 Legal, Testing, etc. $ 88,500.00 Total Eligible Costs $5,894,081.50 CONSTRUCTION INSPECTION At this time, it must be understood that the sewer lines and pump station tributary to this new WWTP are yet to be completed, thus there will be some extended period before the WWTP will initiate operations. Observations of progress by Devere Construction [DC]: o thru September 2013 meeting, work remaining includes: o site work, cleanup, seeding, demobilization and conex removal o install flooring, painting and touchup, door hardware and other minor work o testing and startup o training o diffuser and outfall installation (can not be done until release for work by US COE and coordination with US Fish &Wildlife as they want to be present when this work is done) o construct pump station, drawings C21 and C22 East Yancey Water&Sewer District Interim Inspection East Side Sewer System Improvements of September 24, 2013 Project No.E-SRG-T-05-0141 Page 3 of 3 o tests and tie-in force main o pave entrance road o punch list CHANGE ORDERs—DeVere Change orders nos. 1 through 7 were recently discovered by IFS' Gerald Horton and these have not been processed. RFPs Status --current RFIs Status—current Project Schedule—Devere is now released to complete the work at the pump station however, the release to complete roadwork into the WWTP is yet to be obtained from the US Fish &Wildlife (US Army COE). Completion of work is anticipated by November if all releases are obtained. . Spare Parts Status- list has been provided to IFS and to Owner. Operation &Maintenance manuals—the Aqua(SBR) O&M manual is only 50% complete Testing—remaining portions of the force are yet to be tested because tie-ins are yet to be made. Refer to comment 34). Startup and testing of influent works and SBR was done in Augusts however the test were done with clean water not sewage as there will not be sewage to the plant for possibly a year or more. DeVere offered to run simulated short or long tests if Owner or WWTP Operator Anthony Hensley,Town of Burnsville wished these. As-builts or Record Drawings- please have record drawings available for review at all meetings. It was previously noted that record drawings are up to date on both contracts. Safety-no issues Progress Meeting attendees: Nathan Bennett E Yancey Water& Sewer District 828 682-3971 Neal McCurry Yancey County Building Inspector Anthony Hensley Town of Burnsville,WWTP Operator R.L.Haynes McGill&Assocs., Project Mgr. 828 284-7804 C Alan Mackey McGill, Inspector Herbert Seal Devere Constr. Co., Superintendent 919 616-4003 Work C Mason Sexton Devere Constr. Co. Gerald W.Horton, PE NC Infrastructure Finance Section 919 707-9185 ofc. 919 219-5989 C <- Fib ly ,��'c� c r�5s►l�5 C 6 5+ ( pD r� YE A,, •'/-� fo_A►I k V Sr M NCDENR. North Carolina Department of Environment and Natural Resources Division of Water InfrastructERE Pat McCrory Kim H.Colson,PE "' o ��'p"'L"`�I a,III Governor Acting DirectorEe-� Se etary November 1, 2013 _ � 2013Mr. Nathan.Bennett, ManagerEast Yancey Water&Sewer District 110 Town Square,Room 11 a onal cfric SectronBurnsville, North Carolina 28714fonal Otfice SUBJECT: Change Order nos. 1 through 8 Contract-DeVere Construction Co.,Inc. East Side Sewer System Improvements Project No. SRG T-05-01.41 Dear Mr. Bennett: The North Carolina Infrastructure Finance Section has concluded review of the information received in support of subject change orders. Accordingly, the following determinations have been made: Change Order No. 1 $ 3,000.00 Original and SRG Eligible Part $2,744,000.00 Eligible after change order $2,747,000.00 CO#1 was to re-establish survey controls after they were wiped out by others in removing narrow gage railroad. Original contract completion date'was February 14, 2013. Change Order No. 2 $ 4,100.00 Eligible prior to this change order $2,747,000.00 Eligible after change order $2,751,100.00 CO#2 pays for expenses incurred in revising erosion&sediment controls at project site and entrance road in response to US Corps of Engineers directives on behalf of the US Fish& Wildlife Service's directive on work stoppage. Change Order No. 3 $ 460.00 Eligible prior to this change order $2,751,100.00 Eligible after change order $2,751,560.00 CO#3 pays for lab wall masonry changes. Change Order No.4—there were no cost changes resulting from CO#4. CO#4 is for adding 35 days to contract time related to weather and restoration work on narrow gage railroad removed by others. Refer to CO#1. Contract completion date changed to March 21, 2013, Change Order No. 5 $ 10,103.19 Eligible prior to this change order $ 2,751,560.00 F Eligible after change order $2,761,663.19 i CO#5 includes drains from valve vaults, fence gates additions, and for gutters and downspouts to Blower and to Laboratory Buildings. This change order#.5 includes a time extension request of 4 days related to these changes. Contract completion date changed to March 25, 201.3. I C:\Users\gwhortonlDocuments\Projects(Active)\E Yancey SPIGT 05-0141 gwh\COs\CO#l48 EYANCEY DeVere 13-11-dd.doc Infrastructure Finance Section 1933 Mail Service Center,Raleigh,North Carolina 27699-1633 One Location:86 FloorArchdale Building,512 N.Salisbury St.Raleigh,North Carolina 27804 Phone:919-707-9160\FAX:919.715-6229 NO thCarOliria Internet:ffS.nC.gOV .J�"JgAma ly An Eaual O000rtunity\Affirmative Action Emolover "`J// VVV(y` ` �[, East Yancey Water&Sewer District DeVere Construction Co.,Inc. Change Orders nos. 1 through 8 November 1, 2013 State Grant Project no. E-SRG-T05-0141 Page 2 of 2 Change Order No., 6 $ 5,959.17 Ehgilile prior to this change order $2,761,663.19 - Eligible after change order $2,767,622.36 . CO#6 includes changes in Lib Building toilet to accommodate ADA requirements and addition of stone in lawn areas to reduce maintenance on this tight site to reduce lawn maintenance. This change order#6 includes a time extension request of 25 days related to I these changes. Contract co+9pletion date changed to April 19, 2013. c Change Qrder No. 7 $ 2,455.00 Eligible prior to this change order $2,767,622.36 - Eligible after change order $2,770,077.36 - CO#7 includes changes in Lab Building toilet to accommodate ADA requirements and addition of stone in lawn areas to reduce maintenance on this tight site to reduce lawn maintenance. This change order#7 includes a time extension request of 7 days related to these changes. Contract completion date changed to April 26, 2013. Change Order No. 8 $ 11,110.69 Eligible prior to this change order $2,770,077.36 Eligible after change order $2,781,188.05 CO#8 pays for additional of composite influent sampler. This change order#8 includes a time extension request of 3 days related to these changes. Contract completion date changes to April 29, 2013. These Change Orders with related procurement documentation have been found to be in compliance with applicable State regulations. However, it should be understood that this approval is administrative only and does not relieve the recipient of the responsibility to ensure the validity of the supporting documentation including the corresponding cost and pricing data. Accordingly,this approval is without prejudice to a redetermination of allowable or of unallowable costs should a post approval review or audit disclose facts not now discernible. Any compliance schedules contained in an SOC,JOC,permit, or other compliance or enforcement document issued by the North Carolina Department of Environment and Natural Resources remain in full force and those dates are not affected by this change order determination. This document should be filed with the other SRG project documents in your possession. You should maintain your project records for 3 years.If you should have any questions,please contact me at 919 707-9162. Sin , M PE, Assistant Chief Project Management Branch cc: Keith Krzywicki - NC Rural Center R.L.Haynes—McGill Associates,PA, 55 Broad Street, Asheville, NC 28801 Chuck Cranford,DWQ Asheville Regional Office CIG, SRG I, r CGN Noah Carolina Department of Environment and Natural Resources Division of Water Infrastructure Pat McCrory Kim H.Colson,PE ��� �� p rr cvara, 1 Governor Actin Director �J Secreta October 1, 2013 OCT - 7 2013 Mr. Nathan Bennett, Manager East Yancey Water & Sewer District DWQ/Surface Water Protection Section 110 Town Square, Room 11 1 Asheville Regional Office Burnsville, North Carolina 2871 Subject: FINAL Inspection Report Moore & Son Site Contractors, Inc. East Yancey Water & Sewer District East Side Sewer System Improvements Proj. # SRG T-05-0141 Dear Mr. Bennett: The Infrastructure Finance Section performed a Final inspection for this state funded project beginning at 1:00 p.m. Tuesday September 24, 2013. For the record this is one of 2 contractors that has worked on this project. We performed this Final inspection on the Moore & Son portion (sewer lines) of the work so that the remaining work can be bid in order to complete the project, portions of which were delayed and halted due to environmental issues raised by the US Fish &Wildlife and the US Army Corps of Engineers. You should review this report; take actions or provide responses as indicated and then file with your project records. You should maintain those project records, including financial records for 3 years from closeout of this Grant. If you have any questions please contact me at(919) 707-9185 or via e-mail at gerald.horton@ncdenr.gov. It has been a pleasure working with you and your Staff, your Engineer, your Engineer McGill Associates, particularly Mr. R.L. Haynes and inspector Mr. Alan Mackey and with the contractor Moore& Son. Sin ely, Gerald W. Horton, PE Environmental Engineer Construction Inspection Group cc: Mike Waresak, PE, RL Haynes, McGill Associates, Asheville, NC Chuck Cranford, DWR Regional Office IFS -Mark Hubbard, PE, Don Evans, Leslie Rogers, Gerald Horton SRF i l;:AtLcrs\givharinnA[)uciureniti\froj±:c's(P.ctive'lld Yancey HUN 115-Ul1d gsv11U1nse.lilt!EYaneySll hntri1I MuureBSna fllir';1.13-r;9 i4.dor. Infrastructure Finance Section 1633 Mail Service Center,Raleigh,North Carolina 276 One Location99.1633 One Phone: -07-91 Archdale Building,512 N.Salisbury St.Raleigh,North Carolina 21604 �������S Phone:919-707-9160\FAX 919-715-6229 j/ Internet:ifs.nc.goy aa�� East Yancey Water& Sewer District FINAL Inspection East Side Sewer System Improvements Moore &Son contract of September 24,2013 Project No.E-SRG-T-05-0141 Page 2 of 3 I. FINAL INSPECTION - Action Items and Comments -The NC Infrastructure Finance Section (IFS) requests a response below from either the Owner or Engineer, as applicable on those items marked *. Item(s) may be addressed via a statement in a cover letter or by submitting the requested information. It is recommended all closeout information be submitted at one time to IFS. If forms are needed to comply with items below, refer to IFS web site ifs.nc.gov 1) * Preparation of Record Drawings is in process. In addition to normal requirements, revised drawings.are necessary in order to provide a set to Bid the project's unfinished work that Moore& Son were delayed on. Upon completion, provide a set of half sized Final Record Drawings to the Infrastructure Finance Section. 2) * Engineer needs to provide statement on testing and acceptance of sewer lines and manholes installed on this project by Moore & Son. 3) Upon completion of work, Engineer stated he will provide Inspector's daily logs to Owner. 4) * Provide IFS with documentation stating the Warranty Date(s) for the work with indication that all parties Owner, Engineer and Contractor have been informed of that date(s). 5) * Provide IFS copy of Contractors Release of Liens. 6) * Provide IFS copy of Contractors Consent of Surety. 7) Submit Change Order(s) and/or Final Adjusting change order for the line work performed by Moore& Son. For the record there have been 6 change orders through May 15, 2013. 8) * Submit final reimbursement request to IFS, please note that Owner is responsible for seeking project related Sales Tax reimbursement through the NC Dept. of Revenue. 9) * Submit Owner's Certification of Completion when appropriate. 10)* Submit Engineer's (Final) Certification. 11)* Provide Clear Site/Easement Certification(s) related to pump station relocation work. 12)A Final inspection by IFS will be required on the WWTP work and on the re-bid line work upon completion of those 2 prospective Scopes of Work. II. Project Grant Budget The East Yancey Water and Sewer District was approved for a State High Unit Cost Grant from the Water Infrastructure Fund in the amount of$3,000,000. The Rural Center also provided funding on the project, their commitment is $3,000,000. Project budget is : Item COST Devere $2,744,000.00 Moore &Son (this Final Inspection) $2,272,592.50* Contingency $ 250,830.00 Technical Services $ 538,159.00 Legal, Testing, etc. $ 88,500.00 Total Eligible Costs $5,894,081.50 * It is preliminarily estimated that there is approximately$1,250,000±work remaining in Moore& Son contract. III. Outfall sewer-CONTRACT: Moore & Son Site Contractors, Inc. 103 McDowell Rd., Mills River NC 28759-2545 Unlimited, Classifications: Building, Highway, PU (Water Lines & Sewer Lines) Lie. #59507 Original contract amount $2,272,592.50 Engineer- Mike Waresak, PE, McGill Assocs., Asheville Engineers Project Manager R.L. Haynes Construction observer—starting with Tim Holcombe, then Alan Mackey, McGill Assocs. East Yancey Water&Sewer District FINAL Inspection East Side Sewer System Improvements Moore&Son contract of September 24,2013 Project No.E-SRG-T-05-0141 Page 3 of 3 IV. Contract SCOPE of WORK—original authorized construction consisted of the following: Eligible o approximately 11,627 linear feet of 8-inch gravity sewer(along Ayles Creek) o approximately 22,869 linear feet of 12-inch gravity sewer (along Little Crabtree Creek) Non Eligible Any installation,of service laterals outside the Right-of-Way V. CHANGE ORDERs - refer to comment 7) VI. FINAL INSPECTION PARTICIPANTS Nathan Bennett E Yancey Water&Sewer District 828 682-3971 nathan.bennett@yanceycountync.gov Neal McCurry Yancey County Building Inspector Anthony Hensley Town of Burnsville R.L. Haynes McGill&Assocs., Project Mgr. 828 284-7804 C RL.haynes@mcgillengineers.com Alan Mackey McGill, Inspector Kris Stines Moore&Son Gerald Horton, PE NC IFS 919 707-9185 (ofc) gerald.horton@ncdenr.gov Ali � AcdE North Car olina Department of Environment and Natural Resources Division of Water Infrastructure Pat McCrory Kim H.Colson,PE John E.Skvarla,III Governor Acting Director Secretary September 9, 2013 Mr. Nathan Bennett, Manager East Yancey Water &Sewer District 110 Town Square, Room I I Burnsville, North Carolina 28714 Subject: Interim Inspection East Yancey County Water& Sewer District East Side Sewer System Improvements Proj. # SRG T-05-0141 Dear Mr. Bennett : The Construction Inspection Group (CIG) of the Infrastructure Finance Section, IFS performed an interim inspection Tuesday August 27, 2013. The Progress meeting conducted at the County Courthouse is generally followed by a field inspection. Progress meeting have been scheduled for the 41h Tuesday each month at 10:00 a.m. The wastewater treatment plant contract is nearing completion, however the sewer line work was halted due to US Fish & Wildlife issues. The next meeting is scheduled for September 24, 2013. You should review this report take actions or provide responses as indicated, and then file with your project records. You should maintain your project records for 3 years. If you have any questions or find errors or items herein with which you disagree, please contact the undersigned at (919) 707-9185 or via e-mail at gerald.horton@ncdenr.gov. Si erely, Gerald W. Horton, PE Environmental Engineer Construction Inspection Group cc: Keith Krzywicki -NC Rural Center i R.L.Haynes—McGill Associates,PA, 55 Broad Street,Asheville,NC 28801 Chuck Cranford,DWQ Asheville Regional Office CIG-Mark Hubbard,PE, Gerald Horton SRG File RECEIVE SEP 12 a� o/ G\iisLfi;1;:!:urterflflnrumeoL:\Pru ecls('hhV1)`,P l!nccy S c6T.i ,14i neih`•.hd l;i;;p C?G esp.oc DWQ/ rr,. ? rface Wat/ Infrastructure Finance Section 1633 Mail Service Center,Raleigh,North Carolina 27699-1633 Location:gh Floor Archdale Building,512 N.Salisbury St.Raleigh,North Carolina 27604 Phone:919-707-91601 FAX:919.715-6229 Internet:ifs.nc.aov An E4ual ftorfunity I ANirmatim Antinn Fmnlnl/or East Yancey Water&Sewer District Interim Inspection East Side Sewer System Improvements of August 27, 2013 Project No.E-SRG-T-05-0141 Page 2 of 3 i GENERAL CONCERNS /RECOMMENDATIONS/ACTION ITEMS The following comments and concerns (though not intended to be a complete list)were discussed at previous meetings or at this meeting. Updates are italicized. i General comments applicable to Devere contract: 19) August update: Lien has been dropped. [June] -Whitson [Electric] has filed a lien, even though according to DeVere they have been paid through current work. Whitson Electric, the sub to Devere attended the April meeting to discuss being paid. 26) August update: O&Ms are being provided. [June] - Herb Seal,DeVere Supt. stated he has O&M manuals and will provide to McGill's David Honeycutt. 27) August update: IFS received letter summary report from McGill Assocs. on status of the US Wildlife issue. Resolution is expected within the next few weeks. DeVere is free now to proceed on constructing the pump stations. McGill stated they would provide IFS 112 size drawings for new location of the pump station. IMPORTANT - At June meeting NC Infrastructure Finance Section asked for a summary brief report on the US Corp of Engineers matter. Specifically, McGill should provide a status including a synopsis of the matter, what has been done, what . remains and when is a resolution or finality expected? I° 28) August update: please provide. [June] - IFS requested all RFIs to date be provided. This maybe done via "pdf." 29) August update: Owner has obtained easement and DeVere is now allowed to proceed on the pump station construction. For the record this work got delayed due to the "stop work" issue by the US Fish & Wildlife. [June] - No work has yet started on the pump station due to US ACOE issue, but it was agreed there is nothing holding work back other than modify easement/deed description. Bennett asked DeVere and McGill to expedite survey information so that work can start. DeVere noted that all materials and equipment are available or on site. 31) For the record IFS did not attend the July 23 meeting. 32) In September, Engineer and IFS will review work in place on the Moore& Son sewer line contract to close out that part of the project so Engineer may proceed on re-bidding completion of that work. A closeout checklist is attached. PROJECT &LOAN BUDGET The East Yancey Water. and Sewer District was approved for a State High Unit Cost Grant from the Water Infrastructure Fund in the amount of$3,000,000. The Rural Center is also providing funding for the project, their commitment is $3,000,000. Project budget is Item COST Devere $2,744,000.00 Moore&Son $2,272,592.50 Contingency $ 250,830.00 Technical Services $ 538,159.00 Legal, Testing, etc. $ 88,500.00 Total Eligible Costs $5,894,081.50 CONSTRUCTION INSPECTION Observations of progress through August meeting by Devere Construction [DC]: o thru August meeting DeVere is nearing completion of work at the wastewater treatment plant with, leak repairs on SBR, equipment checkouts, installing diffuser, site paving and site work remain o fence was installed \entrance road work remains force-main-testing-remains — — ---- -—�' raining is being set up I eVere is now released to construct pump station f East Yancey Water&Sewer District Interim Inspection East Side Sewer System Improvements of August 27, 2013 Project No.E-SRG-T-05-0141 Page 3 of 3 Moore & Son [M&S] - IFS was informed at July meeting M&S contract never was terminated and they will complete work. Apparently that was a misunderstanding by IFS. In August IFS was informed, the remaining work on the Moore & Son contract will be rebid. Also refer to comment 32) above. CHANGE ORDERs— Change orders nos. 1 through 6 have been processed for the Devere contract. Owner needs to execute change orders on the Moore& Sons contract to closeout contract. Note that contracts' times should be addressed. RFPs Status -- current RFIs Status—current Project Schedule—Devere should be completing work in September or October. Spare Parts Status- Please provide spare parts list to IFS and to Owner. As of June IFS was still requesting list of spare parts required from contract documents and from manufacturers' submittal/approval. Devere at March meeting stated they were preparing a list of spare parts. At April meeting Devere stated there is some question on what the spare parts requirements are as they contend the specifications are vague. Engineer needs to clarify and it is recommended Engineer develop a comprehensive list of required spare parts and present it at the May meeting. Testing- the force is yet to be tested. Startup and testing of influent works and SBR is pending as of August meeting. As-builts or Record Drawings- please have record drawings available for review at all meetings. It was previously reported that record drawings are up to date on both contracts. Safety - no issues Progress Meeting attendees: - previously there have been 2 meetings, Devere first then Moore & Sons. Recently however, there have been no meetings with Moore & Sons, the only meeting is the 10:00 am with Devere. Nathan Bennett E Yancey Water&Sewer District 828 682-3971 R.L. Haynes McGill& Assocs.,Project Mgr. 828 284-7804 C Alan Mackey McGill, Inspector Herbert Seal Devere Constr. Co., Superintendent 919 616-4003 C Mason Sexton Devere Constr. Co. David Whitson Whitson Electric Gerald W. Horton,PE NC Infrastructure Finance Section 919 707-9185 ofc. 4'�r NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Pat McCrory Thomas A.Reeder John E.SI<vada,III Governor Acting_Director Secretary July 1, 2013 Mr. Nathan Bennett,Manager RECEIVED East Yancey Water&Sewer District 110 Town Square, Room 11 J U L - 5 2013 Burnsville, North Carolina 28714 DWQ/Surface Water Protection Section Subject: Interim Inspection I Asheville Regional Office East Yancey County Water& Sewer District East Side Sewer System Improvements Proj. #SRG T-05-0141 Dear Mr. Bennett : The Construction Inspection Group (CIG) of the Infrastructure Finance Section, IFS performed an interim inspection Tuesday June 25, 2013. The Progress meeting followed by a field inspection is scheduled for the 4`"Tuesday each month at 10:00 a.m. and weather permitting is held at the WWTP construction site. The next regularly scheduled meeting is scheduled for July 23, 2013. Contract completion date for both contracts has not been changed from original date. You should review this report take actions or provide responses as indicated, and then file with your project records. You should maintain your project records for 3 years. If you have any questions or find errors or items herein with which you disagree, please contact the undersigned at(919) 707-9185 or via e-mail at gerald.horton@ncdenr.gov. Silicerely, Gerald W. Horton, PE Environmental Engineer Construction Inspection Group cc: Keith Krzywicki -NC Rural Center R.L.Haynes—McGill Associates,PA, 55 Broad Street,Asheville,NC 28801 Chuck Cranford,DWQ Asheville Regional Office CIG-Mark Hubbard,PE, Gerald Horton SRG File 6\Users\gwhorton\Documents\Projects(ActiveM Yancey SHT 05-0141 gwh\l.nt Insp 13-06.25 revl`Yancay.dac One Infrastructure Finance Section NOTtil1iCaT01111a 1633 Mail Service Center,Raleigh,North Carolina 27699-1633 ��tllrR'"1,J Location:81n Floor Archdale Building,512 N.Salisbury St.Raleigh,North Carolina 27604 Phone:919-707-9160\FAX:919-715-6229 Internet:ifs.na.gov An Equal Opportunity l Affirmative Action Employer East Yancey Water&Sewer District Interim Inspection East Side Sewer System Improvements of June 25, 2013 Project No.E-SRG-T-05-0141 Page 2 of 4 GENERAL CONCERNS /RECOMMENDATIONS/ACTION ITEMS The following comments and concerns (though not intended to be a complete list)were discussed at previous meetings or at this meeting.Updates are italicized. General comments applicable to both contracts: 25) CORRECTION-July - Moore &Son contract was not terminated. [April] - This section will be removed from future inspection reports because now there is only one contractor(Devere) working on this project. General comments applicable to Devere contract: 17)April update: no change, a startup proposal is still pending. [March]-plant startup will have to be delayed because there will be no wastewater tributary to the WWTP because construction of the sewers has been delayed. Also, of consideration is when will the sewer collection system be completed. To achieve a wastewater flow customers must be required to tie-in and given a deadline: Flow to the new WWTP will thus be slow to start and will be of little quantity for a while. Because of delay and affect on warranty and startup, Devere plans on making a proposal on startup; effects on warranty period and other administrative matters. [Feb.]- IFS asked how Engineer intends to startup plant and what will be done about"seeding" the wastewater. 19)June update: Whitson has filed a lien, even though according to DeVere they have been paid through current work. Whitson Electric, the sub to Devere attended the April meeting to discuss being paid. 20)The issue that stopped work on both contracts has not yet been resolved. Specifically, the US Fish &Wildlife through the US Corp of Engineers stopped certain portions of the work until new permit(s)have been issued. Their concern is what impact the project might have on the mussel population in the South Toe River. Now resolution of the matter is contingent on relocation (minor site adjustments)to the pump station and obtaining 2 easements.on the collection system portion of the project. Further, a mussel survey must be performed. There may yet be other issues. Refer to "Comments applicable to both contracts" comment 22) in previous reports. 21)June update: item—spare parts—was on June agenda and discussed. A list has been prepared, IFS requests copy of spare parts list. [April] - Spare Parts status - IFS requested a discussion item be added to the agenda in May. Please be prepared to discuss status of spare parts at June meeting. Devere at March meeting stated they were preparing a list of spare parts. At April meeting Devere stated there is some question on what the spare parts requirements are as they contend the specifications are vague. Engineer needs to clarify and it is recommended Engineer develop a comprehensive list of required spare parts and present it at the May meeting. IFS advised spare parts documentation will be part of checklist items for IFS's Final inspection. 23)June update:Duke power has been informed and it is now their responsibility. Mr. Seal, Devere, asked for assistance from Owner or Engineer in getting the power company to provide guy wiring for their power pole. Devere contends it is unstable and is preventing Devere from seeding and grading in the vicinity. 25)For the record, IFS did not attend the May 28 meeting, but did request Engineer's minutes and hereby acknowledges receipt of those minutes. 26)Herb Seal, DeVere Supt. stated he has O&M manuals and will provide to McGill's David Honeycutt. 27)IMPORTANT- At June meeting NC Infrastructure Finance Section asked for a summary brief report on the US Corp of Engineers matter. Specifically, McGill should provide a status including a ff I' 4 �I East Yancey Water&Sewer District Interim Inspection East Side Sewer System Improvements of June 25, 2013 Project No.E-SRG-T-05-0141 Page 3 of 4 synopsis of the matter, what has been done, what remains and when is a resolution or finality expected? 28)IFS requested all RFIs to date be provided. This may be done via"pdf." 29)No work has yet started on the pump station due to US ACOE issue, but it was agreed there is nothing holding work back other than modify easement/deed description. Bennett asked DeVere and McGill to expedite survey information so that work can start. DeVere noted that all materials and equipment are available or on site. 30)IMPORTANT-Earlier reports by IFS stated that the Moore&Son (M&S) work would be rebid, refer to IFS Inspection report dated April 8 comment 17) under Moore &Son and to comment 20) under both contracts. Also, refer to comment 17) and 18)below. At today's [June] meeting it was revealed(re)-bidding the work would not be the case as Moore & Son work had never been stopped and that M&S would finish all work. IFS is confused. General comments applicable to Moore & Sons (M&S) contract: 17) April update:April 26 was optimistic for rebidding the line work, there is yet engineering work to do to prepare for bidding the remaining line work. Engineer's estimate is that there is approximately$1.24 million of work remaining on the Moore &Son contract. [March] - Owner and Engineer intend to advertise within 30 days for receiving bids to complete this contract, that is, by end of week-April 26. 18) This comments section on the Moore& Sons contract will removed from future reports until a new sewer line contract is awarded. 19) Moore& Son work was not re-bid. PROJECT &LOAN BUDGET The East Yancey Water and Sewer District was approved for a State High Unit Cost Grant from the Water Infrastructure Fund in the amount of$3,000,000. The Rural Center is also providing funding for the project, their commitment is $3,000,000. Project budget is Item COST Devere $2,744,000.00 Moore& Son $2,272,592.50 Contingency $ 250,830.00 Technical Services $ 538,159.00 Legal, Testing,etc. $ 88,500.00 Total Eligible Costs $5,894,081.50 CONSTRUCTION INSPECTION Observations of progress through June meeting of Devere Construction [DC] and work items remaining: o thru June meeting—loop paving remains o final "release"from US Army Corps of Engineers remains o wet startup of WWTP remains o dry start up and training remains o site work remains o buildings inside finish work remains o repair leak on SBR tank remains Moore & Son [M&S] - IFS was informed at July meeting M&S contract never was terminated and they will complete work. East Yancey Water&Sewer District Interim Inspection East Side Sewer System Improvements of June 25, 2013 Project No.E-SRG-T-05-0141 Page 4 of 4 CHANGE ORDERs—Owner needs to execute change orders on both contracts and submit to IFS.Note that contracts' times should be considered. RFPs Status --.DeVere to provide proposal for gate addition for well site access . RFIs Status—current Project Schedule—Devere, depending upon decent weather now anticipates completion of construction in July or early August. This date is also predicated on resolving the COE issue(s). Owner needs to execute change orders on both contracts adjusting time and costs. Spare Parts Status- as of June IFS still requests list of spare parts required from contract documents and from manufacturers' submittal/approval. Devere at March meeting stated they were preparing a list of spare parts. At April meeting Devere stated there is some question on what the spare parts requirements are as they contend the specifications are vague. Engineer needs to clarify and it is recommended Engineer develop a comprehensive list of required spare parts and present it at the May meeting. Testing- the force is yet to be tested. Discussion revealed that DeVere will test from sta. 35+00 to WWTP, install a valve to test against and will then test back the 130 feet of missing force main and back to pump station at a later date. As-builts or Record Drawings-please have record drawings available for review at all meetings. It was previously reported that record drawings are up to date on both contracts. Safety-no issues Progress Meeting attendees: -previously there have been 2 meetings, Devere first then Moore &Sons. Recently however, there have been no meetings with Moore &Sons, the only meeting is the 10:00 am with Devere. Nathan Bennett E Yancey Water&Sewer District 828 682-3971 Jamie McMahan Yancey County Planner R.L. Haynes McGill&Assocs.,Project Mgr. 828 284-7804 C David Honeycutt, PE McGill, submittals &SBR reviewer 828 252-0575 ofc Alan Mackey McGill, Inspector Herbert Seal Devere Constr. Co., Superintendent 919 616-4003 C Mason Sexton Devere Constr. Co. David Whitson Whitson Electric . Gerald W. Horton, PE NC Infrastructure Finance Section 919 707-9185 ofc. A4JVA NCENR North Carolina Department of Environment and Natural Resources Division of Water Quality Pat McCrory Charles Wakild,PE (���C��V �/ �lohn E,Skvarla,III Governor Director , ` G LJ Se retary May 24, 2013 MAY 2 9 2013 Mr. Nathan Bennett, Manager DwQ/surface water protection section East Yancey Water& Sewer District Asheville Regional office 110 Town Square, Room 11 Burnsville,North Carolina 28714 SUBJECT: Change Order nos. 1 through 6 Contract-Moore & Sons, Site Contractors Inc. East Side Sewer System Improvements Project No. SRG T-05-0141 Dear Mr. Bennett: The Infrastructure Finance Section of the North Carolina Division of Water Quality has concluded review of the information received in support of subject change orders. Accordingly, the following determinations have been made: Change Orders No. 1, 2 and 3 are for time only $ 0.00 Original and SRG Eligible Part $ 2,272,592.50 These change orders request time only of 6, 18 and 8 days respectively. IFS deems the time requests reasonable and justified. Contract completion date is thus changed to March 17, 2013. Change Order No. 4 $ 11,575.62 SRG Eligible Part $ 11,575.62 Eligible Total Prior to this change $ 2,272,592.50 New Total Eligible Contract $ 2,284,168.12 This change order#4 is for asphalt repairs and includes a time extension request of 8 days. IFS deems the work and time request reasonable and justified. Contract completion date is changed to March 25, 2013. Change Order No. 5 $ 21,488.12 SRG Eligible Part $ 21,488.12 Eligible Total Prior to this change $ 2,284,168.12 New Total Eligible Contract remains unchanged $ 2,305,656.12 This change order#5 is for settlement of claims regarding small gage railroad removal and includes a time extension request of 8 days. IFS deems the work and time request reasonable and justified. Contract completion date is changed to April 2, 2013. C:IUseislgvdhoitonlDocumentslProjects(Active)IE Yancey SRGT 05-0141 gvvMC0sIG0#1-DD EYANCEY Moore&S 1341,4M-DD.cloc Infrastructure Finance Section 1633 Nail Service Center.Raleigh.North Carolina 27099-1633 One Location:8'h Floor Archdale Building,512 N.Salisbury St.Raleigh,North Carolina 27804 Phone:919-707-9190\FAX:919-715-6229 N��porthCarolina Internet: I po nC.gOV Nahiyv�y/k An Equal Opportunity\Affirmative Action Employer ®2 bb6 I d` LNG East Yancey Water& Sewer District Moore& Son, Site Contr. Inc. Change Orders nos. I through 6 May 15, 2013 State Grant Project no. E-SRG-T05-0141 Page 2 of 2 Change'Order No 6 $ 6,056.20 '`SRG`Efigible Part $ 6,056.20 Eligible Total Prior to this change $2,305,656.12 New Total Eligible Contract remains unchanged $ 2,311,712.32 f This change order#6 is for work related to cleanup caused by suspension of work due to the US Corp of Engineers,diretive to halt work on the project. IFS deems the reasonable and justified in that the contractof. had to demobilize to satisfy the directive. Contract completion date remains unchanged'at April 2,2013. Subsequent to this change order Owner has or is considering terminating this contract and rebidding the work because of inability to negotiate terms regarding the US Corp directive to stop work. * - The contract amount actually paid out to Moore& Son Site Contractors, Inc. will have to be adjusted by a final change order because there is approximately $1,250,000 + work remaining in their contract which is to be re-bid. These Change Orders with related procurement documentation have been found to be in compliance with applicable State regulations. However, it should be understood that this approval is administrative only and does not relieve the recipient of the responsibility to ensure the validity of the supporting documentation including the corresponding cost and pricing data. Accordingly,this approval is without prejudice to a redetermination of allowable or of unallowable costs should a post approval review or audit disclose facts not now discernible. Time extensions are approved for purposes of funding eligibility only. Any compliance schedules contained in an SOC, JOC,permit, or other compliance or enforcement document issued by the North Carolina Department of Environment and Natural Resources, remain in full force and are not affected by this change order determination. This document should be filed with the other SRF and SRG project documents in your possession. You should maintain your project records for 3 years. If you should have any questions, please contact me at(919) 707-9162. Park rely, L. Hubbard,PE, Assistant Chief Project Management Branch GWFI/ga•h cc: Keith Krzywicki -NC Rural Center R.L.Haynes—McGill Associates, PA, 55 Broad Street, Asheville,NC 28801 Chuck Cranford, DWQ Asheville Regional Office CIG -Mark Hubbard, PE,Don Evans, Gerald Horton — -------SRG File-- - _ i ,4 WNW North Carolina Department of Environment and Natural Resources Division of Water Quality Pat McCrory Chuck Wakild,PE John E.Skvarla, III. Governor Director Secretary March 7, 2013 Mr. Nathan Bennett, Manager East Yancey Water & Sewer District 110 Town Square, Room 11 Burnsville, North Carolina 28714 Subject: Interim Inspection East Yancey County Water&Sewer District East Side Sewer System Improvements Proj. #SRG T-05-0141 Dear Mr. Bennett : The Construction Inspection Group (CIG) of the Infrastructure Finance Section, IFS performed an interim inspection Tuesday February 26, 2013. For the record IFS did not attend meeting in January and there was no December meeting. Progress meetings heretofore have been scheduled for the 4th Tuesday each month at 10:00 am and 1:00 pm. However, the sewer line contract is in process of being terminated and Owner intends to seek a new contractor to complete that contract. The next regularly scheduled meetings is scheduled for March 26. Contract completion date for the Devere contract remains unchanged at February 13, 2013 and they obviously did not make that date. Moore & Sons sewer installation contract may be terminated, thus putting completion of that contract sometimes in Spring or Summer 2013. You should review this take actions or provide responses as indicated, and then file with your project records. If you have any questions or find errors or items herein with which you disagree, please contact the undersigned at (919) 707-918.5 or via e-mail at gerald.horton@ncdenr.gov. Sincerely, RECEIVED Gerald W. Horton, PE MAR 1 1 Environmental Engineer 2013 Construction Inspection Group DWQ/Surf"!.Water Protection Section Asheville RED Office cc: Keith Krzywicki -NC Rural Center R.L.Haynes—McGill Associates,PA,55 Broad Street,Asheville,NC 28801 Chuck Cranford,DWQ Asheville Regional Office CIG-Mark Hubbard, PE,Gerald Horton SRG File @'.Ilsr.:t'lrcrhorlonlUncumrnis\Prnjerts!iir.!ivri';L Y nf:y irj;11?iidiWl pul'Aint l op l i6 F`/anccy.dw; One Infrastructure Finance Section NortllCarolina 1633 Mail Service Center,Raleigh,North Carolina 27699.1633 Location:Vh Floor Archdale Building,512 N.Salisbury St.Raleigh,North Carolina 27604 Phone:919-707-91601 FAX:919-715.6229 Internet:www.ncwateraualitv.oro An Equal Opportunity I Affirmative Action Employer East Yancey Water&Sewer District Interim Inspection East Side Sewer System Improvements of February 26, 2013 Project No.E-SRG-T-05-0141 Page 2 of 3 GENERAL CONCERNS /RECOMMENDATIONS/ACTION ITEMS The following comments and concerns(though not intended to be a complete list)were discussed at previous meetings or at this meeting.Updates are italicized. General comments applicable to both contracts: 20) Completion dates on both contracts will not be met. Devere's work, it appears will be completed -May. Moore& Sons contract will likely be terminated. 21) Owner should rebid the sewer line work if Moore & Sons contract is terminated. 22) Engineer stated they were close to resolution of the COE issue related to stream crossings and the WWTP plant road. 23) The February meeting was conducted at the Yancey County Courthouse due to poor accessibility [mud] to the WWTP site. General comments applicable to Devere contract: 9) Feb update:power has been provided. [Oct.] RL Haynes discussed bringing in the primary electrical to the WWTP and pump station. Please be prepared to discuss this at November meeting. In October discussion IFS understands Duke requires an application at which time they will be a minimum of 2 weeks out from installation. If that is the case, that will be a record for Duke Power. 10) Feb. update: Devere needs to seek change in time to contract and Engineer needs to insist on a recovery schedule. Please present recovery schedule and/or prepare change order adjusting contract time. The WWTP contract completion date is February 14,2013. Please confirm this date at next [December] meeting. 11) Feb. update: spare parts were discussed. G Horton, IFS queried on spare parts procedures and suggested a log be started documenting all spare parts and documenting turnover. 14) Engineer stated they were close to resolution of the COE issue related to stream crossings and the WWTP plant road. 15) IFS suggests that O&M manuals from equipment suppliers and manufacturers now replace "Submittals" on monthly meeting agenda. 16) Devere requested Owner and/or Engineer finalize all color selections. 17) IFS asked how Engineer intends to startup plant and what will be done about "seeding" the wastewater. General comments applicable to Moore & Sons (M&S) contract: 12) ,Feb. update: these DOT issues, it was related, have been resolved so the new contractor on this project should have a clean slate to proceed. The resolution of the COE issues however is ongoing. [Nov] McGill, Owner and M&S are meeting with NC DOT November 28 to work out remaining road crossing issues. M&S work might be suspended until spring when surely the type of DOT road crossings and the US COE stream crossings issues will have been resolved. [Oct]-Engineer Harry Buckner asked M&S to negotiate with them to stop work and derive a fixed amount to cover all mobs &re-mob costs. M&S had performed 2 of the approximately 17 to 18 bores prior to the June 4 work stoppage. [Sept] - After routine discussions at the September meeting, the Engineer brought up the possibility of shutting down the M&S project due to seasonal considerations and the COE matter. Specifically stopping work from Oct. 15 through a March 15 resumption. 15) FTR-M&S [Nov.] requested McGill consider realignment of sewers at Stations 222+52, 246+50, 175+15 and 168+88 M&S will be providing proposal for plugging sewers during "stop work" to keep lines clean and prevent ground water from entering completed work. 16) Owner should rebid the sewer line work if Moore & Sons contract is terminated. East Yancey Water& Sewer District Interim Inspection East Side Sewer System Improvements of February 26, 2013 Project No.E-SRG-T-05-0141 Page 3 of 3 CONSTRUCTION INSPECTION Observations of Devere suction [DC] and progress since last meeting: o Nov. —Feb mtg. progressed to water proofing lab and blower bldgs and achieving "dry-in" o SBR piping is 90% done o Installing electrical and panels Observations of Moore & Son [M&S] and progress since last meeting: o As of February meeting it appears the contract will be terminated and the work put out to bids. This was largely due to the mobilizations and remobilizations necessary to comply with the COE stop work on streams order CHANGE ORDERs—Owner needs to execute change orders on both contracts RFPs Status --none RFIs Status —current Project Schedule—as of March meeting it is apparent Devere will not complete project by current contract completion date. Owner needs to execute change orders on both contracts adjusting time and costs. SUBMITTAL Status- IFS suggests that O&M manuals from equipment suppliers and manufacturers.now replace Submittals on monthly meeting agenda. Devere is nearing completion of submittals. Spare Parts Status- IFS hereby acknowledges that a discussion on spare parts was added to the agenda for the Devere meeting. A startup and training schedule should also be derived. Inspector's logs/Work Orders-Tim Holcombe, inspector has been replaced on both projects with Alan Mackey. IFS hereby requests inspection logs and all test reports be available for review at all meetings. Testing- Please have all test results of concrete, backfilling, pipe and manhole testing available for review at each meeting. As-builts or Record Drawings-please have record drawings available for review at all meetings. It was reported that record drawings are up to date on both contracts. Safety - no issues Progress Meeting 10:00 am Devere attendees Nathan Bennett E Yancey Water&Sewer District 828 682-3971 nathan.bennett@yanceycountync.gov Jamie McMahan Yancey County Planner Neal McCurry Yancey County Building Inspector R.L. Haynes McGill&Assocs., Project Mgr. 828 284-7804 C Harry Buckner, PE McGill&Assocs. 828 252-0575 ofc. Alan Mackey McGill, Inspector, new to projects Jan. 2013 Todd Tamasy ECS (materials testing) Joe Coleman Devere Constr. Co.,Project Manager 919 624-4216 C Herbert Seal Devere Constr. Co., Superintendent 919 624-4216 C Gerald W.Horton,PE NC Infrastructure.Finance Section 919 707-9185 ofc. AGiKWA ' A NCDENR Noah Carolina Department of Environment and Natural Resources Division of Water Quality Pat McCrory Chuck Wakild,PE John E.Skvarla, III Governor Director Secretary April 8, 2013 Mr. Nathan Bennett, Manager East Yancey Water &Sewer District 110 Town Square,Room 11 Burnsville, North Carolina 28714 Subject: Interim Inspection East Yancey County Water &Sewer District East Side Sewer System Improvements Proj. #SRG T-05-0141 Dear Mr. Bennett : The Construction Inspection Group (CIG) of the Infrastructure Finance Section, IFS performed an interim inspection Tuesday March 26, 2013. Progress meetings heretofore have been scheduled for the 4u'Tuesday each month at 10:00 am and 1:00 pm. However,the sewer line contract is in process of being terminated and Owner intends to seek a new contractor to complete that contract. The next regularly scheduled meetings is scheduled for April 23, 2013. Contract completion date for the Devere contract remains unchanged at February 13. Moore &Sons sewer installation contract may be terminated, thus completion of that contract is anticipated Summer or Fall 2013, possibly later. You should review this report take actions or provide responses as indicated, and then file with your project records. If you have any questions or find errors or items herein with which you disagree, please contact the undersigned at(919) 707-9185 or via e-mail at gerald.horton@ncdenr.gov. Si rely, Gerald W. Horton, PE Environmental Engineer Construction Inspection Group 2 2 cwtv_li i�p4$ cc: Keith Krzywicki -NC Rural Center re`Na�e`Q nano ice R.L.Haynes—McGill Associates,PA,55 Broad Street,Asheville,NC 288 1 OQISP� Re 'Chuck Cranford,DWQ Asheville Regional Office CIG-Mark Hubbard, PE,Gerald Horton SRG File C:\Users\p1hortun\Documents\Prajncts(Active)\E Yancey 5R6i 115-[1141 ph\Int Insp 13-03 26dd 4 Yanc By.dac One Infrastructure Finance Section NorthCarolina 1633 Mail Service Center,Raleigh,North Carolina 276§9.1633 A y Location:Vh Floor Archdale Building,512 N.Salisbury St.Raleigh,North Carolina 27604 v/1/��ur�"� Phone:919-707.9160\FAX:919-715.6229 Internet:www.ncwateEguality.org An Equal Opportunity I Affirmative Action Employer East Yancey Water&Sewer District Interim Inspection East Side Sewer System Improvements of March 26,2013 Project No.E-SRG-T-05-0141 Page 2 of 3 GENERAL CONCERNS /RECOMMENDATIONS/ACTION ITEMS The following comments and concerns(though not intended to be a complete list)were discussed at previous meetings or at this meeting.Updates are italicized. General comments applicable to both contracts: 20) [Feb. comment] Completion dates on both contracts will not be met. Devere's work, it appears will be completed — May. Moore& Sons contract will likely be terminated. 22) March update: Resolution of the stream crossing issues brought up by US Fish& Wildlife are still pending. [Feb.] -Engineer stated they were close to resolution of the COE issue related to stream crossings and the WWTP plant road. 24) The March meeting was conducted at the Yancey County Courthouse, no meeting was conducted with Moore & Son, the line contractor, as it appears their contract will be terminated and the remaining work will be rebid. Engineer stated they hope to advertise within 30 days (by end of week April 26!). General comments applicable to Devere contract: 10) March update: Owner needs to execute a change order for adjustment of time if Owner intends to do so. [Feb. comment] - Devere needs to seek change in time to contract and Engineer needs to insist on a recovery schedule. Please present recovery schedule and/or prepare change order adjusting contract time. The WWTP contract completion date is February 14,2013. Please confirm this date at next [December] meeting. 14) Engineer stated they were close to resolution of the COE issue related to stream crossings and the WWTP plant road. 15) IFS suggests that O&M manuals from equipment suppliers and manufacturers now replace "Submittals" on monthly meeting agenda. 16) March update: please discuss this item at April meeting. [Feb.] -Devere requested Owner and/or Engineer finalize all color selections. 17) March update: plant startup will have to be delayed because there will be no wastewater tributary to the WWTP because construction of the sewers has been delayed. Also of consideration is even when the sewer collection system is completed, customers must be required to tie-in and given a deadline. Flow to the new WWTP will thus be slow to start and will be of little quantity for a while. Devere plans on making a proposal on startup, effects on warranty period and other administrative matters. IFS asked how Engineer intends to startup plant and what will be done about"seeding" the wastewater. 18) Mason Sexton formerly with Moore&Sons,the line contractor has now taken a position with Devere Constr. Co. General comments applicable to Moore &Sons (M&S)contract: 17) Owner and Engineer intend to advertise within 30 days for receiving bids to complete this contract,that is, by end of week April 26. PROJECT &LOAN BUDGET The East Yancey Water and Sewer District was approved for a State High Unit Cost Grant from the Water Infrastructure Fund in the amount of$3,000,000. The Rural Center is also providing funding the project, their commitment is $3,000,000. Project budget is Item COST Devere $2,744,000.00 Moore &Son $2,272,592.50 Contingency $ 250,830.00 Technical Services $ 538,159.00 Legal, Testing, etc. $ 88,500.00 Total Eligible Costs $5,894,081.50 East Yancey Water&Sewer District Interim Inspection East Side Sewer System Improvements of March 26,2013 Project No.E-SRG-T-05-0141 Page 3 of 3 As of March meeting there have been reimbursement requests from IFS totaling$1,617,249. CONSTRUCTION INSPECTION Observations of progress of Devere Construction [DC] and work items remaining: o blockfill and painting and drywall are done on both buildings o backfilling around tank and buildings o set valve vault o completed lab piping o all equipment has now been delivered o installing duct banks o installed effluent line and manhole o force main and pump station are on hold pending resolution to submittals, — 3001n ft of FM remains and the installation of ARVs o steps to SBR, sidewalks, some pads and conduit bank remain to be done Moore & Son [M&S] progress since last meeting: o Refer to comment 17) under M&S comments above CHANGE ORDERS—Owner needs to execute change orders on,both contracts RFPs Status -- start up and warranty issues proposal will be forthcoming from Devere RFIs Status—current Project Schedule—Devere, depending upon decent weather anticipates completion of construction in May. This is also predicated on resolving the COE issue(s). Owner needs to execute change orders on both contracts adjusting time and costs. SUBMITTAL Status- IFS suggests that O&M manuals from equipment suppliers and manufacturers now replace Submittals on monthly meeting agenda. Devere is nearing completion of submittals. Spare Parts Status- IFS hereby acknowledges that a discussion on spare parts was added to the agenda for the Devere meeting. A startup and training schedule should also be derived. Inspector's logs/Work Orders— IFS hereby requests inspection logs and all test reports be available for review at all meetings. Testing- Please have all test results of concrete, backfilling,pipe and manhole testing available for review at each meeting. As-builts or Record Drawings-please have record drawings available for review at all meetings. It was reported that record drawings are up to date on both contracts. Safety-no issues Progress Meeting only have a 10:00 am now that Moore&Sons contract is being terminated. Attendees : Nathan Bennett E Yancey Water&Sewer District 828 682-3971 nathan.bennett@yanceycountync.gov Neal McCurry Yancey County Building Inspector R.L.Haynes McGill&Assocs., Project Mgr. 828 284-7804 C Harry Buckner, PE McGill&Assocs. 828 252-0575 ofc. Joe Coleman Devere Constr. Co., Project Manager 919 624-4216 C Herbert Seal Devere Constr. Co., Superintendent 919 624-4216 C Mason Sexton Devere Constr. Co., Gerald W. Horton, PE NC Infrastructure Finance Section 919 707-9185 ofc. f k .... 4 C®EN North Carolina Department of Environment and Natural Resources Division of Water Quality Pat McCrory Chuck Wakild,PE John E.Skvarla,III Governor Director Secretary April 10, 2013 RECEIVED Mr. Nathan Bennett, Manager East Yancey Water &Sewer District APR 1 2 2013 110 Town Square, Room 11 Burnsville, North Carolina 28714 DWQ/Surface Water Protection Section Asheville Regional Off ce Subject: Interim Inspection East Yancey County Water& Sewer District East Side Sewer System Improvements Proj. #SRG T-05-0141 Dear Mr. Bennett : The Construction Inspection Group (CIG) of the Infrastructure Finance Section, IFS performed an interim inspection Tuesday March 28 , 2013. The Progress meeting is scheduled for the 4`'Tuesday each month at 10:00 a.m. and weather permitting is held at the WWTP construction site. However, due to poor access due to weather and site conditions the last 2 meetings have been held at the County Courthouse in Burnsville. The next regularly scheduled meeting is scheduled for April 23, 2013. Contract completion date for the Devere contract remains unchanged at February 13,until adjusted by change order. Moore& Sons sewer installation contract may be terminated, thus completion of that contract is anticipated Summer or Fall 2013, possibly later. You should review this report take actions or provide responses as indicated, and then file with your project records. If you have any questions or find errors or items herein with which you disagree, please contact the undersigned at(919) 707-9185 or via e-mail at gerald.horton@ncdenr.gov. Sincerely, Gerald W. Horton, PE Environmental Engineer Construction Inspection Group cc: Keith Krzywicki -NC Rural Center R.L. Haynes—McGill Associates,PA,55 Broad Street,Asheville,NC 28801 Chuck Cranford,DWQ Asheville Regional Office CIG-Mark Hubbard,PE,Gerald Horton SRG File E\Users\gwhar1an\Dac Lim entsWrejects(Active)\E Yancey SROi 05-0141 gwh\Int Insu 13-04-211d E Yancey.duc One Infrastructure Finance Section NorthCarolina 1633 Mail Service Center,Raleigh,North Carolina 27699-1633 �gtllr�C�� Location:Rh Floor Archdale Building,512 N.Salisbury St.Raleigh,North Carolina 27604 Phone:919-707-9160\FAX:919-715.6229 Internet:www.ncwaterouality.om An Equal Opportunity I Affirmative Action Employer East Yancey Water&Sewer District Interim Inspection East Side Sewer System Improvements of March 26,2013 Project No.E-SRG-T-05-0141 Page 2 of 3 GENERAL CONCERNS /RECOMMENDATIONS/ACTION ITEMS 'rite following comments and concerns (though not intended to be a complete list)were discussed at previous meetings or at this meeting.Updates are italicized. General comments applicable to both contracts: 22) March update: Resolution of the stream crossing issues brought up by US Fish & Wildlife are still pending. [Feb.] - Engineer stated they were close to resolution of the COE issue related to stream crossings and the WWTP plant road. 24) The March meeting was conducted at the Yancey County Courthouse, no meeting was conducted with Moore &Son, the line contractor, as it appears their contract will be terminated and the remaining work will be rebid. Engineer stated they hope to advertise within 30 days (by end of week April 26!). General comments applicable to Devere contract: 10) March update: Owner needs to execute a change order for adjustment of time if Owner intends to do so. [Feb. comment] -Devere needs to seek change in time to contract and Engineer needs to insist on a recovery schedule. Please present recovery schedule and/or prepare change order adjusting contract time. The WWTP contract completion date is February 14,2013. 14) [Feb.] -Engineer stated they were close to resolution of the COE issue related to stream crossings and the WWTP plant road. 16) March update: please discuss this item at April meeting. [Feb.] -Devere requested Owner and/or Engineer finalize all color selections. 17) March update: plant startup will have to be delayed because there will be no wastewater tributary to the WWTP because construction of the sewers has been delayed. Also of consideration is when will the sewer collection system be completed. To achieve a wastewater flow customers must be required to tie-in and given a deadline. Flow to the new WWTP will thus be slow to start and will be of little quantity for a while. Because of delay and affect on warranty and startup, Devere plans on making a proposal on startup, effects on warranty period and other administrative matters. [Feb.]- IFS asked how Engineer intends to startup plant and what will be done about "seeding" the wastewater. 18) Mason Sexton formerly with Moore&Sons,the line contractor has now taken a position with Devere Constr. Co. General comments applicable to Moore & Sons (M&S) contract: 17) Owner and Engineer intend to advertise within 30 days for receiving bids to complete this contract, that is, by end of week- April 26. PROJECT &LOAN BUDGET The East Yancey Water and Sewer District was approved for a State High Unit Cost Grant from the Water Infrastructure Fund in the amount of$3,000,000. The Rural Center is also providing funding the project, their commitment is $3,000,000. Project budget is Item COST Devere $2,744,000.00 Moore & Son $2,272,592.50 Contingency $ 250,830.00 Technical Services $ 538,159.00 Legal, Testing, etc. $ 88,500.00 Total Eligible Costs $5,894,081.50 As of March meeting there have been reimbursement requests from IFS totaling$1,617,249. The offer amount was $3,000,000. i East Yancey Water&Sewer District Interim Inspection East Side Sewer System Improvements of March 26,2013 Project No.E-SRG-T-05-0141 Page 3 of 3 CONSTRUCTION INSPECTION Observations of progress of Devere Construction [DC] and work items remaining: o blockfill and painting and drywall are done on both buildings o backfilling around tank and buildings o set valve vault o completed lab piping o all equipment has now been delivered o installing duct banks o installed effluent line and manhole o force main and pump station are on hold pending resolution to submittals, — 3001n ft of FM remains and the installation of ARVs o steps to SBR, sidewalks, some pads and conduit bank remain to be done Moore &Son [M&S] progress since last meeting: o Refer to comment 17) under M&S comments above HANGE ORDERs—Owner needs to execute change orders on both contracts RFPs Status -- start up and warranty issues proposal will be forthcoming from Devere RFIs Status—current Project Schedule—Devere, depending upon decent weather anticipates completion of construction in May. This date is also predicated on resolving the COE issue(s). Owner needs to execute change orders on both contracts adjusting time and costs. Spare Parts Status- Devere at March meeting stated they were preparing a list of spare parts. IFS hereby acknowledges that a discussion on spare parts was added to the agenda for Devere's February meeting. A startup and training schedule should also be prepared. Inspector's logs/Work Orders— IFS requests inspection logs and all test reports be available for review at all meetings. Testing- at March meeting it was stated by Engineer that all concrete, compaction and other tests have passed or were satisfactory. Testing of the pump station, pressure testing force main and testing of some plant site line work remains. Please have all test results of concrete, backfilling, pipe and manhole testing available for review at each meeting. As-builts or Record Drawings-please have record drawings available for review at all meetings. It was reported that record drawings are up to date on both contracts. Safety no issues Progress Meeting- only meeting now is the 10:00 am with Devere. Moore&Sons contract is/has been terminated. Attendees : Nathan Bennett E Yancey Water&Sewer District 828 682-3971 Neal McCurry Yancey County Building Inspector Haynes McGill ssocs., Project Mgr. 828 284-7804 Harry Buckner, PE McGill&Assocs. 828 252-0575 ofc. J.C. Williams McGill&Assocs. 828 252-0575 ofc. Joe Coleman Devere Constr. Co.,Project Manager 919 624-4216 C Herbert Seal Devere Constr. Co., Superintendent 919 624-4216 C Mason Sexton Devere Constr. Co Gerald W. Horton,PE NC Infrastructure Finance Section 919 707-9185 ofc. WNW North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Chuck Wakild,PE Dee Freeman Governor Director Secretary August 7, 2012 Mr. Nathan Bennett, Manager East Yancey Water & Sewer District 110 Town Square, Room 11 Burnsville, North Carolina 28714 Subject: Interim Inspection East Yancey Water& Sewer District East Side Sewer System Improvements Proj. #SRG T-05-0141 Dear Mr. Bennett : The Construction Inspection Group.(CIG) of the Infrastructure Finance Section, IFS performed its second interim inspection for the state and federally funded portion of subject project on Tuesday July 24, 2012. Progress meetings are scheduled for the 4rh Tuesday each month at 10:00 am and 1:00 pm. The next regularly scheduled meetings will be August 28. You should review this report, take actions or provide responses as indicated and then file with your project records. You will need to keep project records 3 years following completion of the project. If you have any questions please contact me at(919) 707-9185 or via e-mail at gerald.horton@ncdenr.gov. Si erely, _ W Gerald W. Horton, PE Environmental Engineer Construction Inspection UnitGroup z. cc: Keith Krzywicki -NC Rural Center [ � , Scott Burwell—McGill Associates, PA,55 Broad Street,Asheville;Tq � Chuck Cranford,DWQ Asheville Regional Office i , D CIG Mark Hubbard,PE, Gerald Horton AUG — 7 2012 SRG File -_. -.�• __ 4 WATER ER QUALITY L Il Y SECTION r_ OFFICE C:\Ilp�:urents ar,�Settings\n:vhnrine\',9y L'm:umeni\Prrj^c�;{Gd:5s1\t Yaars;SRiP 11,-ii41 r:;'•`•.Ini insp I'[ •?2'S E':'sr=.::;y.dur. Infrastructure Finance Section One 1633 Mail Service Center,Raleigh,North Carolina 27699.1633 NorthC2rolina Location:81h Floor Archdale Building,512 N.Salisbury St.Raleigh,North Carolina 27604 � Phone:919.707-9160\FAX:919.715-6229 Na����1`if Intamat•www nrwntamuatihr nen East Yancey Water&Sewer District Interim Inspection East Side Sewer System Improvements of'July 24,2012 Project No.E-SRG-T-05-0141 Page 2 of 4 GENERAL CONCERNS /RECOMMENDATIONS /ACTION ITEMS Please note that the terms owner and Recipient have the same meaning in this document, Comments 1)through 13)were discussed at the first interim inspection which also served as IFs's Preconstruction meeting as IFS was unable to attend the Preconstruction meeting conducted on January 6,2012. The following comments and concerns(though not intended to be a complete list)were discussed during the meeting: General comments applicable to both contracts: 2) July update: Engineer said the submittal excel file got corrupted and they are trying to recover it. Owner and Engineer are requested to have a submittal log for each contractor available for review at next and all subsequent meetings until all submittals have been approved. 3) IFS requests Inspection logs and testing reports be available for review at all meetings. 7) July update:IFS received this list at July meeting. IFS asks that copy be provided when the list is updated. IFS requested list of all subcontractors anticipated to be used on project. . Those of Disadvantaged, Minority, or Women's Business Enterprise should be so designated. The list may be used at IFS final inspection to determine how close project comes to achieving goals. 12) July update: IFS still needs statement, on letterhead and signed by engineer. Document may be sent via email/pdf. [June] -please respond, refer to IFS report dated June 7 and send signed letter. IFS hereby requests Owner, through Engineer to confirm in writing the accuracy of the scope of the work as stated below in heading- "Description of Eligible work" . 14) July update: McGill had a meeting at their office July 20 with Bryan Tompkins discussing design considerations and background. It was felt the meeting was useful and may resolve this issue. IFS found out at June meeting that the US Corp of Engineers, on behalf of the US Fish & Wildlife Service, per letter dated June 4, is ..."immediately suspending verification of use of NWP 12 for your project." 15) McGill Associates announced that R.L. Haines will be taking over for Scott Burwell as Engineer's construction administrator beginning in August. 16) Please have test results for pipe, tanks, concrete etc. available for review at August meeting. General comments applicable to Devere contract: 2) Devere has received well information to install the wells at the WWTP and at the pump station. 3) July update: this waterstop issue has not yet been resolved. IFS suggested this matter be committed to a written Request for Information [RFI] and that all related correspondence be copied to IFS. IMPORTANT -Devere requested Engineer evaluate the water-stop proposed as it maintains the water-stop specified is inappropriate for the intended use. Engineer should respond, IFS asks for a copy of a written response to the matter. General comments applicable to Moore & Sons (M&S) contract: 2) July update: a meeting was conducted and matter is yet unresolved. Mediation is planned regarding the old narrow gage railroad removal at one of the property owners. 3) The issue discussed under item 14) above needs to be resolved before the October 15 through April 15 fish moratorium so that M&S can do their work without affecting their contract time. M&S asked for something in writing releasing them to resume work along affected areas. 4) M&S pointed out that top of manholes elevations on sheets C5, C6,.and C18 disagree with ground conditions. Engineer needs to resolve. 5) M&S pointed out on sheet C19 there is interference with gas line near Sta 27+27 on NC 80. East Yancey Water&Sewer District Interim Inspection East Side Sewer System Improvements of July 24,2012 Project No,E-SRG-T-05-0141 Page 3 of 4 CONSTRUCTION INSPECTION Observations of Devere Construction [DC] and progress since last meeting: o June- July-poured SBR slab o setting wall steel, intent is to finish concrete wall pours by 2nd week in August o next 30 days will be backfilling around tank, perform leak test of tank, start yard piping and start on force main and Pump Station Observations of Moore & Son [M&S] and progress since last meeting: o June-July- M&S stated they did not get much done in July due to weather, vacations, and one of the workers had a death in the family o did complete the bore and jack on sheet C26 o received and stored materials o laid pipe on sheet C6 o proposed an alternate route(sheet C3)Micaville Loop at Ransom Silver Rd vicinity, a meeting with DOT may be necessary o shutdown near 190+55 and upstream creek crossings, (sheet C18) due to COE issue of comment 14) above needs to be resolved CHANGE ORDERs— Change Order#1 for Moore& Son submitted and under review by LFS. M&S/CO#1•is for 6 days time extension due to survey stakes being destroyed by NC DOT. M&S did not seek compensation. RFPs Status --none pending RFIs Status— Devere has inquired on the efficacy of the water-stop specified. Refer to drwg. S1. IFS requested this inquiry be put in writing and that IFS be provided a copy of all written documentation. In June M&S asked McGill for permission to use anchor directly into the existing rock for pier crossings. McGill should respond in writing. IFS requests copy of response. Project Schedule—Devere feels they are about 6 weeks behind their printed schedule. M&S is approximately on schedule. SUBMITTAL Status- IFS hereby requests submittal logs be available for review and discussion at all meetings. Devere asked at July meeting on the status of the Disk Filter submittal. IFS inquired if all submittals related to SBR concrete penetrations or embedment have been approved. Answer was yes. Inspector's logs/Work Orders - IFS hereby requests inspection logs and all test reports be available for review at all meetings Testing is the responsibility of the Owner. Concrete cylinders were taken for the slab pour and air was tested. ECS, Todd Tomasy reported that concrete's air entrainment tested within specs. M&S previously and successfully tested pipe on sheets C5 &C6. M&S is testing pipe at Hickory Springs Rd. Please have all test results available for review at August meeting. As-builts or Record Drawings -please have record drawings available for review at next meeting and all subsequent meetings. Safety - no issues East Yancey Water&Sewer District Interim Inspection East Side Sewer System Improvements of July 24, 2012 Project No.E-SRG-T-05-0141 Page 4 of 4 Progress Meeting 10:00 am/Devere "A", 1:00 pm/Moore & Son "B" list of Attendees (only those who signed roster): A,B Nathan Bennett E Yancey Water& Sewer District 828 682-3971 nathan.bennett@yanceycountync.gov B Jamie McMahan Yancey County Planner A,B Scott Burwell, PE McGill&Assocs., Project Mgr. 828 707-6749 C scott.burwell@mcgillengineers.com A,B Tim Holcombe McGill &Assocs., Inspector A,B Todd Tamasy ECS (materials testing) A Joe Coleman Devere Constr. Co., Project Manager 919 624-4216 C j coleman @ deverecc.u s A Herbert Seal Devere Constr. Co., Superintendent 919 624-4216 C jcoleman@deverece.us B Mason Sexton, Proj.Mgr. Moore& Son,Proj. Mgr. A,B Gerald W.Horton,PE NC Infrastructure Finance Section 919 707-9185 ofc. gerald.horton@ncdenr.gov 919 601-1864 C <END of Report> REMINDER Please provide Gerald,Horton's copy of inspection report ONE SIDED. thanks f:\(.inrt:rm;iils nt ri o;±iu 1 ,01 �ncorr,er!:;\Prujrrts(r�riivc}\12{:iRiiiDl:fi.dar. ririe ± ! NCDENR North Carolina Department p ent of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Chuck Wakild, PE Dee Freeman Governor Director Secretary September 10, 2012 Mr. Nathan Bennett, Manager East Yancey Water& Sewer District 110 Town Square, Room 11 Burnsville, North Carolina 28714 Subject: Interim Inspection East Yancey Water &Sewer District East Side Sewer System Improvements Proj.#SRG T-05-0141 Dear Mr. Bennett : The Construction Inspection Group (CIG) of the Infrastructure Finance Section, IFS performed an interim inspection for the state and federally funded portion of subject project on Tuesday August 28, 2012. Progress meetings are scheduled for the 4th Tuesday each month at 10:00 am and 1:00 pm. The next regularly scheduled meetings will be September 25. Contracts' substantial completion dates before any change orders are December 16, 2012 for both projects. You should review this report, take actions or provide responses as indicated, and then file with your project records. You will need to keep project records 3 years following completion of the project. If you have any questions or find errors or items herein with which you disagree, please contact the undersigned at(919) 707-9185 or via e-mail at gerald.horton@ncdenr.gov. IS' cerely, 4 r ( f S W AVVI �; r Gerald W. Horton, PE Environmental Engineer Construction Inspection UnitGroup 1 BE? 14 2012 VIA TER{ UAt ITY Sf=GTION f, �l_ _rrl Icy r cc: Keith Krzywicki -NC Rural Center q��;�-y 1 t Scott Burwell—McGill Associates,PA, 55 Broad Street, Asheville; 8801 Chuck Cranford, DWQ Asheville Regional Office ,,.__._ ��•» CIG-Mark Hubbard,PE, Gerald Horton SRG File CADacuments and Settings\gv,Aarian\t•1y DocumentsVrojerts(Active)\E Yancey SRGT 05-0141 ph\lnt Insp 12-08-28dd E Yancey.dac One Infrastructure Finance Section NorthCarolina 1633 Mail Service Center,Raleigh,North Carolina 27699-1633 Location:81h Floor Archdale Building,512 N.Salisbury St.Raleigh,North Carolina 27604 ��t��+��` t Phone:919-707-9160\FAX:919-715-6229 Internet:www.ncwateraualitv.org An Fnual nnnnminihi 1 AHir—m-AnNnn C.nnln..nr East Yancey Water&Sewer District Interim Inspection East Side Sewer System Improvements of August 28, 2012 Project No.E-SRG-T-05-0141 Page 2 of 5 GENERAL CONCERNS /RECOMMENDATIONS/ACTION ITEMS Please note that the terms owner and Recipient have the same meaning in this document. Comments 1)through 13)were discussed at the first interim inspection which also served as IFS's Preconstruction meeting as IFS was unable to attend the Preconstructlon meeting conducted on January 6,2012. The following comments and concerns(though not intended to be a complete list)were discussed at previous meetings or at this meeting: General comments applicable to both contracts: 2) August update: the submittals excel logs files were recovered. [July] Engineer said the submittal excel file got corrupted and they are trying to recover it. Owner and Engineer are requested to have a submittal log for each contractor available for review at next and all subsequent meetings until all submittals have been approved. 3) August update: no compaction tests have yet been performed. IFS requests Inspection logs and testing reports be available for review at all meetings. 12) August update:IFS received an email dated 8116112 attesting to Scope of Work remains as approved. [July] IFS still needs statement, on letterhead and signed by engineer. Document may be sent via email/pdf. [June] -please respond, refer to IFS report dated June 7 and send signed letter. IFS hereby requests Owner, through Engineer to confirm in writing the accuracy of the scope of the work as stated below in heading- "Description of Eligible work" . 14) August update: approval of the entrance road is still pending. It is possible that US Fish & Wildlife Service will require BMP-Best Management Practices be implemented along entrance road if they do not require an entirely new entrance. BMP in this case would mean revisions to the crossings. Matter is still pending and has a significant impact on completion of both contracts. [July] - McGill had a meeting at their office July 20 with Bryan Tompkins discussing design considerations and background. It was felt the meeting was useful and may resolve this issue. IFS found out at June meeting that the US Corp of Engineers, on behalf of the US Fish&Wildlife Service, per letter dated June 4, is ..."immediately suspending verification of use of NWP 12 for your project." 15) McGill Associates announced that R.L. Haines will be taking over for Scott Burwell as Engineer's construction administrator beginning in August. 16) August update: no change, testing yet to be done, except for concrete testing on Devere contract. [July] - Please have test results for pipe, tanks, concrete etc. available for review at August meeting. 17) R.L. Haynes, McGill, has requested that both contractors provide all weather delay requests monthly. General comments applicable to Devere contract: 3) August update:please provide written response to IFS regarding the waterstop issue. Relevant walls have now'been poured using waterstop as detailed. [July] this waterstop issue has not yet been resolved. IFS suggested this matter be committed to a written Request for Information [RFI] and that all related correspondence be copied to IFS. IMPORTANT - Devere requested Engineer evaluate the water-stop proposed as it maintains the water-stop specified is inappropriate for the intended use. Engineer should respond, IFS asks for a copy of a written response to the matter. 4) Devere timely completion date is in jeopardy. Owner and Engineer have previously requested an updated recovery schedule. Devere will provide revised schedule once the SBR (Aqua Aerobic) submittal is approved as that submittal is critical to the project construction schedule. It appears SBR submittal should be approved very soon. For the record, Devere states Aqua Aerobic has been a difficult and unresponsive supplier. East Yancey Water&Sewer District Interim Inspection East Side Sewer System Improvements of August 28,2012 Project No.E-SRG-T-05-0141 Page 3 of 5 5) IMPORTANT- No testing except for concrete has yet been performed. There were low concrete (7-day) break results on wall pour of August 9. The 7-day breaks only reached 62% if specified strength hence the strength may not reach the specified 28-day of 4000 psi. Please discuss status of this issue at September meeting. 6) August- IMPORTANT- Devere inquired on the efficacy of the water-stop specified. Refer to drwg. S1. IFS requested this inquiry be put in writing and that IFS be provided a copy of all written documentation. IFS requested McGill respond in writing and copy of response be provided to IFS. To date, IFS is yet to receive written response or copy. McGill denied Devere's request to install different waterstop. It is understood McGill's structural engineer, was responsible for the review and response. General comments applicable to Moore & Sons (M&S) contract: 2) August update: the compensation matter regarding the railroad was mediated and no further compensation was awarded. [July] a meeting was conducted and matter is yet unresolved. Mediation is planned regarding the old narrow gage railroad removal at one of the property owners. 3) August update:Moore & Sons is concerned about being released to do work before Trout season restrictions prohibit work. The issue discussed under item 14) above needs to be resolved before the October 15 through April 15 fish moratorium so that M&S can do their work without affecting their contract time. M&S asked for something in writing releasing them to resume work along affected areas. 4) August update: clarification/response still needed from Engineer. M&S pointed out that top of manholes elevations on sheets C5, C6, and C 18 disagree with ground conditions. Engineer needs to resolve. 6) NC DOT will allow several open cuts now. 7) At August meeting there was a long discussion on aerial pipe crossings in lieu of planned below grade and water level at certain creek crossing locations. Please discuss this matter further at September meeting. This is being considered due to time and CoE requirements/restrictions, refer to comment 14). 8) There was reported 2 incidents of rocks landing on private dwelling during blasting, ref: drwg. C 11 — Sta 205+00. 9) Moore & Son expressed concern about removing abandoned race car— Sta 154+00. There are other similar interferences to the work along R-O-W and Owner and Engineer will investigate. 10) Owner, Nathan Bennett will need to negotiate easement on the Bailey property or initiate condemnation proceedings. 11) Moore & Son was informed they must notify Piedmont Natural Gas Co. 3 days prior to initiating work in around gas lines in those environs, ref: drwg. C 19. CONSTRUCTION INSPECTION Observations of Devere Construction[DC] and progress since last meeting: o July-August- placed concrete wall sections on SBR, 84 CY to date, 3 exterior and several interior wall sections remain, see comment 5) regarding low breaks o next period Devere plans to pour remainder of walls, patch concrete, hydraulically test tankage, coat tank, perform backfilling, begin blower bldg footing, begin masonry, place UV footers, and flume slab East Yancey Water&Sewer District Interim Inspection East Side Sewer System Improvements of August 28, 2012 Project No.E-SRG-T-05-0141 Page 4 of 5 Observations of Moore & Son [M&S] and progress since last meeting: o July-August- now -1400 l.ft. 12 dia. has been installed o continuing blasting 0 45,000 to 50,000 total.pipe installed (-56% is in ground) o next sewer installation is/will be parallel to US 19, plus bores, tunneling o continue on sewers of drwgs. C8, C9, C12, and C13 CHANGE ORDERS-Change Order#1 for Devere is in process and will include road and storm drainage revisions, E&SC work, and time adjustment. CO#1 for Moore&Son submitted and under review by IFS. RFPs Status -- Devere is pricing alternate entrance road. Moore & Son is proposing a price for tunneling in lieu of bore &jack as this may be necessary in some places but wasn't included as a bid item. RFIs Status - it is suggested that McGill add RFI status to both meeting agenda Devere has inquired on the efficacy of the water-stop specified. Refer to drwg. S1. IFS requested this inquiry be put in writing and that IFS be provided a copy of all written documentation. In June M&S asked McGill for permission to use anchor directly into the existing rock for pier crossings. McGill should respond in writing. IFS requests copy of response. Project Schedule-Devere feels they are about 6 weeks behind their printed schedule. M&S is approximately on schedule. SUBMITTAL Status- IFS hereby requests submittal logs be available for review and discussion at all meetings. SBR, electrical and Disk filter have been ongoing but now apparently close to approval. Devere contends approval of these 2 can adversely impact schedule. Inspector's logs/Work Orders - IFS hereby requests inspection logs and all test reports be available for review at all meetings Testing is the responsibility of the Owner. Concrete cylinders were taken for the slab pour and air was tested. ECS, Todd Tomasy reported that concrete's air entrainment tested within specs. M&S previously and successfully tested pipe on sheets C5 &C6. M&S is testing pipe at Hickory Springs Rd. Please have all test results available for review at August meeting. As-builts or Record Drawings - please have record drawings available for review at next meeting and all subsequent meetings. Safety - no issues I East Yancey Water&Sewer District Interim Inspection East Side Sewer System Improvements of August 28, 2012 Project No.E-SRG-T-05-0141 Page 5 of 5 Progress Meeting 10:00 am/Devere "A", 1:00 pm/Moore & Son "B" list of Attendees (only those who signed roster): A,B Nathan Bennett E Yancey Water&Sewer District 828 682-3971 nathan.bennett@yanceycountync.gov A,B Jamie McMahan Yancey County Planner A Neal McCurry Yancey County Building Inspector A,B R.L. Haynes McGill &Assocs.,Project Mgr. 828 284-7804 C RL.haynes@mcgillengineers.com A;B Harry Buckner,PE McGill&Assocs. 828 252-0575 ofc. A,B Tim Holcombe McGill,Inspector 828 337-0737 C A David Honeycutt,PE McGill, submittals&SBR reviewer 828 252-0575 ofc. B Vann Waters McGill, issue of comment 14) 828 252-0575 ofc. A,B Todd Tamasy ECS (materials testing) A Joe Coleman Devere Constr.Co.,Project Manager 919 624-4216 C jcoleman@deverecc.us A Herbert Seal Devere Constr. Co., Superintendent 919 624-4216 C jcoleman@deverecc.us B Mason Sexton,Proj. Mgr. Moore& Son,Proj. Mgr. A,B Gerald W. Horton, PE NC Infrastructure Finance Section 919 707-9185 ofc. gerald.horton@ncdenr.gov 919 601-1864 C <END of Report> E •.,..r*s CCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Chuck Wakild, PE Dee Freeman Governor Director Secretary October 29, 2012 Mr. Nathan Bennett, Manager East Yancey Water & Sewer District 110 Town Square, Room 11 Burnsville, North Carolina 28714 Subject: Interim Inspection East Yancey Water &Sewer District East Side Sewer System Improvements Proj.#SRG T-05-0141 Dear Mr. Bennett : The Construction Inspection Group (CIG) of the Infrastructure Finance Section, IFS performed an interim inspection for the state and federally funded portion of subject project on Tuesday October 23, 2012. Progress meetings are scheduled for the 4"' Tuesday each month at 10:00 am and 1:00 pm. The next regularly scheduled meetings will be November 27. .You should review this report, take actions or provide responses as indicated, and then file with your project records. You will need to keep project records 3 years following completion of the project. If you have any questions or find errors or items herein with which you disagree, please contact the undersigned at(919) 707-9185 or via e-mail at gerald.horton@ncdenr.gov. n erely, Uv Gerald W. Horton, PE Environmental Engineer Construction Inspection UnitGroup cc: Keith Krzywicki -NC Rural Center r j Scott Burwell—McGill Associates,PA,55 Broad Street,Asheville,NC 28801 Chuck Cranford,'DWQ Asheville Regional Office CIG-Mark Hubbard PE, Gerald HortonI SRG File I� Ill OCT 3 1 2012 + C:\00rmrents and lei(inys`,geAnrtun\6it,[lact'nenta\Prn}ecr,(!tabus)\E Ynncry tiRCI Oc;-0141 gwh\Int Ins p 11-I0-28 t 1n lrey dal� � � , i ,1 r,, r `, it � 9 i� Infrastructure Finance Section „�_F tttOne L 1633 Mail Service Center,Raleigh,North Carolina 27699.1633 x `I b hffCr�yo/h/na c Location:sth Floor Archdale Building,512 N.Salisbury St.Raleigh,North Carolina 27604 Phone:919.707-9160\FAX:919.715.6229 "'°r « ` =4 �•,R++ Internet:www.ncwaterauality.ora I An Equal Opportunity I Affirmative Action Emnlover East Yancey Water& Sewer District Interim Inspection East Side Sewer System Improvements of October 23,2012 Project No.E-SRG-T-05-0141 Page 2 of 5 GENERAL CONCERNS I RECOMMENDATIONS/ACTION ITEMS Please note that the terms owner and Recipient have the same meaning in this document. The following comments and concerns(though not intended to be a complete list) were discussed at previous meetings or at this meeting.Updates are italicized. General comments applicable to both contracts: . 17) Oct. update: Devere provided rain day information, Moore &Son did not. [Sept] - Devere is yet to provide documentation. [August] - R.L. Haynes, McGill, has requested that both contractors provide all weather delay requests monthly. 18) Oct. update: resolution of the stoppage in work is still pending. IFS requested a pdf copy of the "biological assessment"when done. Effect has been that Moore &Son now cannot finish their work on time. No decision has yet been made on entrance road. Sept. comment-The US COE matter regarding the entrance road and stream crossings which has affected both contracts, is still under evaluation. Owner has attorney working on report and Engineer is evaluating alternatives, cost implications and preparing response to COE. Roughly upgrades to entrance road will be approx. $90k and the serpentine hillside entrance to the plant may cost out around $275k. Affect on M&S has been more severely impacting the work as it has prevented them from effecting several stream pipe crossings as well as doing this work during allowable periods, ie, work is normally prohibited on trout streams anyway during - Oct. through April or May. Also refer to comment 12)under Moore &Sons. 19) Owner is concerned about the project budget and funding. Engineer stated he will evaluate and summarize projects' budgets including both IFS and Rural Center funding. General comments applicable to Devere contract: 3) October update: IFS received report at Oct. meeting. This should close out this "old business". [Sept] -please respond with written documentation to prior IFS requests. [August] please provide written response to IFS regarding the waterstop issue. Relevant walls have now been poured using waterstop as detailed. [July] this waterstop issue has not yet been resolved. IFS suggested this matter be committed to a written Request for Information [RFI] and that all related correspondence be copied to IFS. IMPORTANT - Devere requested Engineer evaluate the water-stop proposed as it maintains the water-stop specified is inappropriate for the intended use. Engineer should respond, IFS asks for a copy of a written response to the matter. 5) Sept. update:please respond with written documentation to IFS. IMPORTANT- No testing except for concrete has yet been performed. There were low concrete (7-day)break results on wall pour of August 9. The 7-day breaks only reached 62% if specified strength hence the strength may not reach the specified 28-day of 4000 psi. Please discuss status of this issue at September meeting. 6) October update: IFS received report at October meeting. It should be noted for the record that leaks were observed at the base of the wall as predicted. IFS is unsure but these leaks could be attributable to the type of water stop specified, specifically this type of water stop in a horizontal configuration may encourage voids in the placement of the concrete. It is recommended that McGill advise the structural engineer of this matter. August- IMPORTANT - Devere inquired on the efficacy of the water-stop specified. Refer to drwg. S1. IFS requested this inquiry be put in writing and that IFS be provided a copy of all written documentation. IFS requested McGill respond in writing and copy of response be provided to IFS. To date, IFS is yet to receive written response or copy. McGill denied Devere's request to install different waterstop. It is understood McGill's structural engineer, —was responsible for tyre-review-aird-response.- East Yancey Water&Sewer District Interim Inspection East Side Sewer System Improvements of October 23,2012 Project No.E-SRG-T-05-0141 Page 3 of 5 8) Oct. update: information was received via email dated 9127 at IFS indicating satisfactory results. [Sept]-ECS, Todd Tomasy reported that concrete's air entrainment tested within specs on the SBRs, however there were some bad numbers that were suspect. IFS requests written report on this matter. A pdf via email will suffice. 9) RL Haynes discussed bringing in the primary electrical to the WWTP and pump station. Please be prepared to discuss this at November meeting. From disussion IFS understands Duke requires an application at which time they will be a minimum of 2 weeks out from installation. If that is the case, that will be a record for Duke Power. General comments applicable to Moore & Sons (M&S) contract: 4) Oct. update:M&S needs to take.MH &ground elevations and then quantify problem and make a proposal or a claim. [Sept] - elevations issue is unresolved, there will be adjustments but cost issues will not be significant. There are several such manholes, ie more than 3 on the project. [August]-clarification/response still needed from Engineer. M&S pointed out that top of manholes elevations on sheets C5, C6, and C18 disagree with ground conditions. Engineer needs to resolve. 8) Oct. update:M&S needs to pursue resolution of this matter with their insurer. [Sept]-Insurance adjustor is discussing with the 2 property Owners. There was reported 2 incidents of rocks landing on private dwelling during blasting, ref: drwg. C11 — Sta 205+00. 9) Oct. update:M&S has written permission/notification to remove car. [Sept] - EY Sewer District has written letter advising property Owner the car will be moved if the property Owner does not. Moore & Son expressed concern about removing abandoned race car — Sta 154+00. There are other similar interferences to the work along R-O-W and Owner and Engineer will investigate. 11) Oct. update: no change in.status, due to other issues ie, work stoppage and road crossings and thus there hasn't been further work at gas lines. [Sept]- All parties are aware of notification requirements, but no work has yet been done in vicinity of the gas lines. August-Moore&Son was informed they must notify Piedmont Natural Gas Co. 3 days prior to initiating work in around gas lines in those environs, ref: drwg. C19. 12) Oct. update: Engineer Harry Buckner asked M&S to negotiate with them to stop work and derive a fixed amount to cover all mobs & re-mob costs. M&S had performed 2 of the approximately 17 to 18 bores prior to the June 4 work stoppage. [Sept] - After routine discussions at the September meeting, the Engineer brought up the possibility of shutting down the M&S project due to seasonal considerations and the COE matter. Specifically stopping work from Oct. 15 through a March 15 resumption. 13) Three of the bore &jacks have been byopen cut and McGill&M&S are approaching NC DOT to see what others may be allowed to be by open cut. On some of the other bores, rock is an obstacle which may necessitate tunneling, Engineer is evaluating cost proposals from M&S, which may be as high as $1200 per foot. 14) According to the Engineer, Harry Buckner, the contract allows stopping work for 30 days, which has now been exceeded. If work is stopped 90 days then special negotiations may be necessary. East Yancey Water&Sewer District Interim Inspection East Side Sewer System Improvements of October 23,2012 Project No,E-SRG-T-05-0141 Page 4 of 5 CONSTRUCTION INSPECTION Observations of Devere Construction [DC] and progress since last meeting: o Sept- Aug- completed SBR tank walkways o placed electrical conduit, poured concrete Blower Bldg slab and setting masonry block o repairing leaks and is leak testing SBR tanks o seeking well permit for WWTP o placed disk filter slab Observations of Moore & Son [M&S] and progress since last meeting: o Sept -Aug - M&S has gotten out of phase, ie jumping around resulting from the "stoppage", hence it is not possible to compete the project on schedule o installed -1200 ft. 12" sewer, will be working on sheet C 15 and C 16 for coming month o performed surface restoration work and maintenance on erosion controls o preparing to air test and deflection test work in place CHANGE ORDERS-IFS has received no Change Orders RFPs Status --Devere earlier was requested to provide entrance road pricing. The price Moore & Son proposed for tunneling in lieu of bore&jack is a budget buster, Engineer will talk to NC DOT about open cutting some or all of road crossings. Engineer stated he would list all road crossing and individual note what is being proposed for each. This list should be brought to next meeting even if all has been resolved on this matter. RFIs Status current both contracts Project Schedule-as of October, Devere feels they are about 3 weeks behind their printed schedule. M&S contends the skipping around necessitated by the COE matter has affected their efficiency & schedule and hence cannot complete the work on time. SUBMITTAL Status- IFS hereby requests submittal logs be available for review and discussion at all meetings for both contracts until all submittals are approved. Devere stated there are no critical submittals at this time. All M&Ss' submittals have now been approved, it was reported. Spare Parts Status- IFS hereby requests a discussion on spare parts be added to the agenda for the Devere meeting . Inspector's logs/Work Orders - IFS hereby requests inspection logs and all test reports be available for review at all meetings. IFS reviewed inspection logs at October meeting and deemed them satisfactory. Testing- ECS, Todd Tomasy reported that concrete's air entrainment tested within specs on the SBRs, however there were some bad numbers that were suspect. IFS requests written report on this matter. A pdf via email will suffice. Please have all test results available for review at each meeting. As-builts or Record Drawings -please have record drawings available for review at all meetings. It was reported that record drawings are up to date on both contracts. Safety - no issues East Yancey Water&Sewer District Interim Inspection East Side Sewer System Improvements of October 23, 2012 Project No.E-SRG-T-05-0141 Page 5 of 5 Progress Meeting 10:00 am/Devere "A", 1:00 pm/Moore& Son "B" list of Attendees (only those who signed roster): A,B Nathan Bennett E Yancey Water& Sewer District 828 682-3971 nathan.bennett@yanceycountync.gov A Neal McCurry Yancey County Building Inspector A,B R.L.Haynes McGill&Assocs., Project Mgr. 828 284-7804 C RL.haynes@mcgillengineers.com B Harry Buckner, PE McGill&Assocs. 828 252-0575 ofc. A,B Tim Holcombe McGill, Inspector 828 337-0737 C A David Honeycutt, PE McGill, submittals &SBR reviewer 828 252-0575 ofc. A,B Todd Tamasy ECS (materials testing) A Joe Coleman Devere Constr. Co., Project Manager 919 624-4216 C A Herbert Seal Devere Constr. Co., Superintendent 919 624-4216 C jcoleman@deverecc.us B Mason Sexton,Proj. Mgr. Moore&Son,Proj. Mgr. B Kris Stines Moore&Son A,B Gerald W. Horton, PE NC Infrastructure Finance Section 919 707-9185 ofc. gerald.horton@ncdenr.gov 919 601-1864 C <END of Report > IE f irA A�.r._ NCDENR North Carolina Department of Environment.and Natural Resources Division of Water Quality" A Beverly Eaves Perdue Chuck Wakild, PE Dee Freeman Governor Director f Secretary October 12, 2012 Mr. Nathan Bennett, Manager i �! OCT 1 8 <'(A2 l r East Yancey Water & Sewer District i I 110 Town Square, Room 11 i r ; ! '� Burnsville, North Carolina 28714ri I _.._. Subject: Interim Inspection East Yancey Water& Sewer District East Side Sewer System Improvements Proj.#SRG T-05-0141 Dear Mr. Bennett : The Construction Inspection Group (CIG) of the Infrastructure Finance Section, IFS performed an interim inspection for the state and federally funded portion of subject project on Tuesday September 25,2012. Progress meetings are scheduled for the 4ch Tuesday each month at 10:00 am and 1:00 pm. The next regularly scheduled meetings will be October 23. Contractors' substantial completion dates before any change orders remain as December 16, 2012 for both projects. You should review this report, take actions or provide responses as indicated, and then file with your project records. You will need to keep project records 3 years following completion of the project. If you have any questions or find errors or items herein with which you disagree, please contact the undersigned at(919) 707-9185 or via e-mail at gerald.horton@ncdenr.gov. Sic rely, Gerald W. Horton, PE Environmental Engineer Construction Inspection UnitGroup rnxr ii�,i, cc: Keith Krzywicki -NC Rural Center Scott Burwell—McGill Associates,PA, 55 Broad Street,Asheville,NC 28801 Chuck Cranford, DWQ Asheville Regional Office CIG-Mark Hubbard,PE, Gerald Horton SRG File CAD ormneriis and Sn(lih;s\phnr(on\0l;flocu Fri enis\i'rojvd.s(t,utivt'1\E'(anri:yHSI 115d1141 yfli\Ini Irisp 12-i19-75 F.Yancey.duc Infrastructure Finance Section One 1633 Mail Service Center,Raleigh,North Carolina 27699-1633 NOI thCar01111a Location:81h Floor Archdale Building,512 N.Salisbury St.Raleigh,North Carolina 27604 Naturally 919-707-9160\FAX:919-715.6229 ;/ Internet:www.ncwateraualitv.ora do Fnitni nnnn iiinihi I m mnfive dntinn Fmnln,ier East Yancey Water&Sewer District Interim Inspection East Side Sewer System Improvements of September 25,2012 Project No.E-SRG-T-05-0141 Page 2 of 5 GENERAL CONCERNS /RECOMMENDATIONS/ACTION ITEMS Please note that the terms owner and Recipient have the same meaning in this document. Comments 1)through 13)were discussed at the first interim inspection which also served as IFS's Preconstruction meeting as IFS was unable to attend the Preconstruction meeting conducted on January 6,2012. The following comments and concerns(though not intended to be a complete list)were discussed at previous meetings or at this meeting. Updates are italicized. General comments applicable to both contracts: 3) Sept. update: only 2 compaction tests have been performed to date on M&S contract and those were at road crossings and were tested satisfactory. August-no compaction tests have yet been performed. IFS requests Inspection logs and testing reports be available for review at all meetings. 14) Sept. update: see comment 18) August- approval of the entrance road is still pending. It is possible that US Fish &Wildlife Service will require BMP- Best Management Practices be implemented along entrance road if they do not require an entirely new entrance. BMP in this case would mean revisions to the crossings. Matter is still pending and has a significant impact on completion of both contracts. [July] - McGill had a meeting at their office July 20 with Bryan Tompkins discussing design considerations and background. It was felt the meeting was useful and may resolve this issue. IFS found out at June meeting that the US Corp of Engineers, on behalf of the US Fish & Wildlife Service, per letter dated June 4, is ..."immediately suspending verification of use of NWP 12 for your project." 17) Sept. update:Devere is yet to provide documentation. R.L. Haynes, McGill, has requested that both contractors provide all weather delay requests monthly. 18) The US COE matter regarding the entrance road and stream crossings which has affected both contracts, is still under evaluation. Owner has attorney working on report and Engineer is evaluating alternatives, cost implications and preparing response to COE. Roughly upgrades to entrance road will be approx. $90k and the serpentine hillside entrance to the plant may cost out around$275k. Affect on M&S has been more severely impacting the work as it has prevented them from effecting several stream pipe crossings as well as doing this work during allowable periods,ie, work is normally prohibited on trout streams anyway during - Oct. through April or May. Also refer to comment 12 )under Moore & Sons. 19) NOTICE: IFS will wish to review inspection logs on both projects at October meeting. General comments applicable to Devere contract: 3) Sept. update:please respond with written documentation to prior IFS requests. [August] please provide written response to IFS regarding the waterstoQissue. Relevant walls have now been poured using waterstop as detailed. [July] this waterstop issue has not yet been resolved. IFS suggested this matter be committed to a written Request for Information [RFI] and that all related correspondence be copied to IFS. IMPORTANT -Devere requested Engineer evaluate the water-stop proposed as it maintains the water-stop specified is inappropriate for the intended use. Engineer should respond, IFS asks for a copy of a written response to the matter. 5) Sept. update:please respond with written documentation to IFS. IMPORTANT- No testing except for concrete has yet been performed. There were low concrete (7-day) break results on wall pour of August 9. The 7-day breaks only reached 62%if specified strength hence the strength may not reach the specified 28-day of 4000 psi. Please discuss status of this issue at September meeting. 6) Sept. update:please respond with written documentation to IFS, this is a repeat re uest. August -IMPORTANT - Devere inquired on the efficacy of the water-stop specified. Refer to drwg. S1. IFS requested this inquiry be put in writing and that IFS be provided a copy of all written documentation. IFS requested McGill respond in writing and copy of response be East Yancey Water&Sewer District Interim Inspection East Side Sewer System Improvements of September 25,2012 Project No.E-SRG-T-05-0141 Page 3 of 5 provided to IFS. To date, IFS is yet to receive written response or copy. McGill denied Devere's request to install different waterstop. It is understood McGill's structural engineer, was responsible for the review and response. 7) Devere estimates in September they are about 3 weeks behind schedule. 8) ECS, Todd Tomasy reported that concrete's air entrainment tested within specs on the SBRs, however there were some bad numbers that were suspect. IFS requests written report on this matter. A pdf via email will suffice. General comments applicable to Moore & Sons (M&S) contract: 3) Sept.-refer to comment 12)below. August-Moore& Sons is concerned about being released to do work before Trout season restrictions prohibit work. The issue discussed under item 14) above needs to be resolved before the October 15 through April 15 fish moratorium so that M&S can do their work without affecting their contract time. M&S asked for something in writing releasing them to resume work along affected areas. 4) Sept. update: elevations issue is unresolved but there will be adjustments and cost issues will not be significant. There are several such manholes, ie more than 3 on the project. August-clarification/response still needed from Engineer. M&S pointed out that top of manholes elevations on sheets C5, C6, and C18 disagree with ground conditions. Engineer needs to resolve. 7) Sept. update: there are 3 such aerial crossing possibilities, specifically on drawings C19 and C20. IF the COE matter is resolved the aerial crossings may not be necessary or useful. At August meeting there was a long discussion on aerial pipe crossings in lieu of planned below grade and water level at certain creek crossing locations. Please discuss this matter further at September meeting. This is being considered due to time and CoE requirements/restrictions, refer to comment 14). 8) Sept. update: Insurance adjustor is discussing with the 2 property Owners. There was reported 2 incidents of rocks landing on private dwelling during blasting, ref: drwg. CI I — Sta 205+00. 9) Sept. update: County has written letter advising property Owner the car will be moved if the property Owner does not. Moore & Son expressed concern about removing abandoned race car Sta 154+00. There are other similar interferences to the work along R-O-W and Owner and Engineer will investigate. 11) Sept. update:All parties are aware of notification requirements, but no work has yet been done in vicinity of the gas lines. August-Moore & Son was informed they must notify Piedmont Natural Gas Co. 3 days prior to initiating work in around gas lines in those environs, ref: drwg. C19. 12) After routine discussions at the September meeting, the Engineer brought up the possibility of shutting down the M&S project due to seasonal considerations and the COE matter. Specifically stopping work from Oct. 15 through a March 15 resumption. The Owner and Engineer wanted to get M&Ss'reaction on the effect the stop work order would have on their personnel, demobilization costs and other considerations. M&S will probably respond before next regular meeting. Please be ready to discuss this issue at the October meeting. 13) Three of the bore &jacks have been by open cut and McGill&M&S are approaching NC DOT to see what others may be allowed to be by open cut. On some of the other bores, rock is an obstacle which may necessitate tunneling, Engineer is evaluating cost proposals from M&S, which may be as high as $1200 per foot. i East Yancey Water&Sewer District Interim Inspection East Side Sewer System Improvements of September 25,2012 Project No.E-SRG-T-05-0141 Page 4 of 5 CONSTRUCTION INSPECTION Observations of Devere Construction [DC] and progress since last meeting: o August-September- finished SBR concrete wall placement and applying ls` and 2nd coat of Thoroseal o placed concrete footing and set block of blower bldg. o placed some seeding o lost 2 days work due to 4" rain Monday and Tuesday o will be hydraulic testing SBR tank upon completion of coatings and will install air pipe and backfill around SBR if leak tests are satisfactory Observations of Moore & Son [M&S] and progress since last meeting: o August-September- installed - 30001n. ft this month, ref sheets C14 & C15 o as of today at Sta 160+45 approaching 164+00, sheet C8 o drilling for blasting o stabilized embankment on sheet C 12 CHANGE ORDERs—IFS has received no Change Orders. RFPs Status --Devere is pricing alternate entrance road. Moore& Son has proposed a price for tunneling in lieu of bore &jack as this may be necessary in some places but wasn't included as a bid item. RFIs"Status — it is suggested that McGill add RFI status to both meeting agenda Project Schedule—Devere feels they are about 3 weeks behind their printed schedule. M&S contends the skipping around necessitated by the COE matter has affected their efficiency & schedule to complete the work. Refer to comments above in this report regarding the COE matter. SUBMITTAL Status- IFS hereby requests submittal logs be available for review and discussion at all meetings for both contracts until all submittals are approved. Devere relates the only critical submittal at this time is the Case Work. All M&Ss' submittals have now been approved, it was reported. Inspector's logs/Work Orders - IFS hereby requests inspection logs and all test reports be available for review at all meetings. IFS will wish to review inspection logs at October meeting. Testing- ECS, Todd Tomasy reported that concrete's air entrainment tested within specs on the SBRs, however there were some bad numbers that were suspect. IFS requests written report on this matter. A pdf via email will suffice. Please have all test results available for review at each meeting. As-builts or Record Drawings - please have record drawings available for review at all meetings. It was reported that record drawings are up to date on both contracts. Safety no issues Davis Bacon - this project is exempt from DB requirements East Yancey Water& Sewer District Interim Inspection East Side Sewer System Improvements of September 25,2012 Project No.E-SRG-T-05-0141 Page 5 of 5 Progress Meeting 10:00 am/Devere "A", 1:00 pm/Moore & Son "B" list of Attendees (only those who signed roster): A,B Nathan Bennett E Yancey Water& Sewer District 828 682-3971 nathan.bennett@yanceycountync.gov A Neal McCurry Yancey County Building Inspector A,B R.L. Haynes McGill &Assocs.,Project Mgr. 828 284-7804 C RL.haynes@mcgillengineers.com A,B Harry Buckner,PE McGill&Assocs. 828 252-0575 ofc. A,B Tim Holcombe McGill, Inspector 828 337-0737 C A David Honeycutt, PE McGill, submittals &SBR reviewer 828 252-0575 ofc. A,B Todd Tamasy ECS (materials testing) A Herbert Seal Devere Constr. Co., Superintendent 919 624-4216 C jcoleman@deverecc.us B Mason Sexton,Proj.Mgr. Moore&Son,Proj. Mgr. B Kris Stines Moore& Son A,B Gerald W. Horton,PE NC Infrastructure Finance Section 919 707-9185 ofc. gerald.horton@ncdenr.gov 919 601-1864 C <END of Report> J PAT MCCRORY Governor 2 L DONALD R. VAN DER VAART 1: TM Secretary WaterResources S. JAY ZIMMERMAN ENVIRONMENTAL QUALITY Director November 23,2016 Nathan Bennett,County Manager 110 Town Square Burnsville, NC 28714 Subject: Permit No. WQ0038874 East Yancey Water&Sewer District East Yancey Water&Sewer District Pump and Haul Domestic Wastewater Pump & Haul Permit Yancey County Dear Mr. Bennett: In accordance with your application received September 8, 2016, and additional information received on November 8, 2016 we are forwarding herewith Permit No. WQ0038874, dated November 23, 2016, to East Yancey Water& Sewer District for the time-limited operation of a domestic wastewater pump and haul operation. This permit shall be effective from December 1, 2016, will expire on June 1, 2017, and shall be subject to the conditions and limitations as specified therein. This cover letter and supplement shall be considered a part of this permit and are therefore incorporated therein by reference. Please pay particular attention to the following conditions contained within this permit: Condition 1.1: The Permittee or its representative shall inspect the permitted pump and haul facilities at least daily to prevent malfunctions and deterioration, operator errors, and discharges that may cause or lead to the release of wastes to the environment, a threat to human health, or a nuisance condition. Condition IIA: An accurate record of the pump and haul activities must be maintained by the Permittee, indicating; Date and time wastewater is removed from the facility; Name of contract hauler; Name of facility receiving wastewater; &Volume of wastewater removed. Condition 11.14: This permit shall expire June 1, 2016. Should the pum p p and haul activities stop prior to the date of expiration send written notification to the Asheville Regional Office, Water k Quality Section notifying them of that the permit is no longer required and detailing the final disposal solution. c 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. f State of North Carolina I Environmental Quality I Water Resources 1617 Mail service Center I Raleigh,North Carolina 27699-1611 919 807 6300 East Yancey Water&Sewer District Permit No.WQ0038874 I- If you need additional information concerning this matter, please contact Tim Heim at(828) 296-4500 or via e-mail at tim.heim@ncdenr.gov. Sincerely, for S.Jay Zimmerman, P.G. Director, Division of Water Resources by G. Landon Davidson, Regional Supervisor Water Quality Regional Operations Section Asheville Regional Office Division of Water Resources, NCDEQ cc: Michael J.Waresak, P.E., McGill Associates, P.A.—electronic copy Regional Office Files Water Resources Central Files: Attention Diane Rodman Page 2 of 7 Water Resources ENVIRONMENTAL QUALITY DOMESTIC WASTEWATER PUMP& HAUL PERMIT 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 East Yancey Water&Sewer District for the construction and operation of a domestic wastewater pump and haul operation to serve East Yancey WWTP, consisting of the existing concrete SBR basins and concrete digester basin with an estimated total storage capacity of 292,617 gallons. The facility from which pumping will occur shall include a minimum 24 hours storage with on-site audible and visual high water alarms and telemetry. The anticipated flow for this pump and haul operation is expected to be 6,450 gallons per day of domestic wastewater,pursuant to the application received September 8,2016,and additional information received on November 8,2016 and in conformity with 15A NCAC 02T and other supporting data subsequently filed and approved by the Department of Environmental Quality and considered a part of this permit. This permit shall be effective from December 1, 2016,will expire on June 1, 2017, and shall be subject to the conditions and limitations as specified therein. for S.Jay Zimmerman, P.G. Director, Division of Water Resources By Authority of The Environmental Management Commission Permit Number: WQ0038874 Permit Issued: November 23,2016 Page 3 of 7 SUPPLEMENT TO PERMIT COVER SHEET East Yancey Water & Sewer District is hereby authorized to: Construct and operate the aforementioned domestic wastewater pump and haul operation. The wastewater collected by this system shall be pumped and hauled to Pine Swamp Wastewater Treatment Facility(Permit No. NC0020290)for final treatment. 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 §143-21S.6C, construction of additional or replacement facilities, and/or referral of the North Carolina-licensed Professional Engineer to the licensing board. Construction and operation is contingent upon compliance with the Standard Conditions and any Special Conditions identified below. I. SPECIAL CONDITIONS 1. The Permittee or its representative shall inspect the permitted pump and haul facilities at least daily to prevent malfunctions and deterioration,operator errors, and discharges that may cause or lead to the release of wastes to the environment, a threat to human health, or a nuisance condition. The Permittee shall maintain an inspection log or summary including at least: a. Date and time of inspection; b. Observations made; c. Any maintenance, repairs, or corrective actions taken by the Permittee. The Permittee shall maintain this log of inspections for as long as the pump and haul activities are being conducted and shall be made available to the Division or other permitting authority, upon request. Records shall be submitted quarterly to the Supervisor of the Water Quality Regional Operations of the Asheville Regional Office. The records must be submitted within 30 days of the end of each quarter (quarters end on the last day of March, June, September, and December). [15A NCAC 02T.0204(d)] 2. . This permit shall become voidable unless the agreement between EAST YANCEY WATER & SEWER DISTRICT, MOUNTAIN ENVIRONMENTAL SERVICES, and PINE SWAMP WWTP for the collection, transportation,and final treatment of wastewater is in full force and effect. [15A NCAC 02T.0204(b)] II.STANDARD CONDITIONS 1. An accurate record of the pump and haul activities must be maintained by the Permittee, indicating: a. Date and time wastewater is removed from the facility; b. Name of contract hauler; c. Name of facility receiving wastewater; d. Volume of wastewater removed. Page 4 of 7 v The Permittee shall maintain this log for as long as the pump and haul activities are being conducted and shall be made available to the Division or other permitting authority, upon request. Records shall be submitted quarterly to the Supervisor of the Water Quality Regional Operations of the Asheville Regional Office. The records must be submitted within 30 days of the end of each quarter(quarters end on the last day of March,June;September,and December). [15A NCAC 02T.0108] 2. This permit shall not be transferable. In the event there is.a desire for the 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 an application fee, 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. [15A NCAC 02T.0104;G.S. 143-215.1(d3)] 3. The Permittee shall provide for the installation and maintenance of an audible and visual high-water alarm on all storage and pumping facilities associated with this pump and haul operation. [15A NCAC 02T.0204(c)] 4. This permit shall become voidable unless the subject pump and haul activities are carried out in accordance with the conditions of this permit; 15A NCAC 2T; and other supporting materials unless specifically mentioned herein. [15A NCAC 02T.0110] 5. This permit shall be effective only with respect to the nature and volume of wastes described in the application and other supporting data. No type, kind or quantity of wastewater other than the pumped and hauled wastewater from the facility shall be included in these pump and.haul activities. [15A NCAC 02T.0110] 6. The wastewater collection facilities shall be properly maintained and operated at all times. Adequate inspection, maintenance,and cleaning shall be provided by the permittee to insure proper operation of the subject facilities. [15A NCAC 02T.0403] 7. The Permittee shall report by telephone to a Water Resources staff member at the Asheville Regional Water Resources Section,telephone number 828-296-4500, as soon as possible, but in no case more than 24 hour,following the occurrence or first knowledge of the occurrence of either of the following: a. If the flow volume estimated above is exceeded by any amount on any day; or b. Any process.unit failure,due to known or unknown reasons,that renders the facility incapable of adequate wastewater storage, such as failures of tanks, piping, pumps, aerators, compressors etc.;or c. Any failure of a pumping station, sewer line, etc., resulting in a spill or by-pass directly to receiving waters without treatment of all or any portion of the influent to such station or facility; or d. Any SSO and/or spill over 1,000 gallons;or e. Any SSO and/or spill, regardless of volume,that reaches surface water 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 and submitting Part I of Form CS-SSO (or the most current Division approved form) within five days following first knowledge of the occurrence. This report must outline the actions taken or proposed to be taken to Page 5 of 7 ensure that the problem does not recur. Part II of Form CS-SSO(or the most current Division approved' form)can also be completed to show that the SSO was beyond control. [G.S. 143-215.1C(a1)] j 8. Failure to abide by the conditions and limitations contained in this permit; 15A.NCAC 02T; 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,construction of additional or replacement wastewater collection facilities, and/or referral of the North Carolina- licensed Professional Engineer to the licensing board. [15A NCAC 02T .0104; 15A NCAC 02T .0108(b- c)] 9. In .the event that the wastewater collection facilities fail to perform satisfactorily, including the creation of nuisance conditions, the Permittee shall cease operation of all pump and haul activities and shall take immediate corrective action, including those as may be required by this Division, such as the construction of additional or replacement.facilities. [15A NCAC 02T .0110; 15A NCAC 02T .0108(b)] 10. Any duly authorized officer, employee, or representative of the Division of Water Resources may, upon presentation of credentials, enter and inspect any property, premises,or place on or related to the pump and haul collection facilities at any reasonable time for the purpose of determining compliance with the Division's approval; may inspect or copy any records that must be maintained under the terms and conditions of this permit; and may obtain samples. [15A NCAC 02T.0110] 11; 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 the Division any other Federa), State, or Local government agencies which have jurisdiction or obtaining other permits which maybe required by the Division or any other Federal,State,of Local government agencies. [G.S. 143-215.1(b)] 12. Operation of this permit is based on acceptance of the certification attached to this permit,completed by the Permittee and a North Carolina licensed Professional Engineer. Note that a completed certification is only required for activities that met the definition of thePractice of Engineering in accordance with G.S. 89C-3. In some instances this certification may not be required. 13. A copy this permit,and approved plans and specifications(if applicable)shall be maintained on file by the Permittee for the life of the project. [15A NCAC 02T.0104] 14. This permit shall expire June 1, 2017. Should the pump and haul activities stop prior to the date of expiration send written notification to the Asheville Regional Office, Water Quality Section notifying them of that the permit is no longer required and detailing the final disposal solution. [15A NCAC 02T .0105(j), 15A NCAC 02T.0204(a)) Page 6 of 7 DOMESTIC WASTEWATER PUMP & BikUL ENGINEERING CERTIFICATION This certification shall be completed and submitted to the appropriate regional office for activities that ' result in the Practice of Engineering in accordance with G.S. 89C-3. In some instances this certification may not be required. PERMITTEE: EAST YANCEY WATER&SEWER DISTRICT PERMIT M WQ0038874 PROJECT: EAST YANCEY WATER&SEWER DISTRICT PUMP AND HAUL ISSUE DATE: November 23, 2016 This project shall not be considered complete nor allowed to operate until the Division has received this Certification. It should be submitted in a manner that documents the Division's receipt. Send the required documentation to the Regional Supervisor, Water Quality Section at the address at the bottom. PERMITTEE'S CERTIFICATION I,the undersigned agent for the Permittee, hereby state that this project has been constructed pursuant to the applicable standards & requirements, the Professional Engineer below has provided applicable design/construction information to the Permittee, and the Permittee is prepared to operate & maintain the pump and haul system permitted herein or portions thereof. Printed Name,Title Signature Date ENGINEERS 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 East Yancey Water&Sewer District Pump and Haul and location as referenced above for the above 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 2T and other supporting materials. ........................................................................... North Carolina Professional Engineer's Seal w/signature &date: ❑ Final ❑ Partial (include description) .........................................................................: Certification Comments/Qualifiers (attach if necessary): NC Division of Water Resources—Water Quality Section Address 2090 US Hwy 70,Swannanoa, NC 28805 Asheville Regional Office Phone: (828)-296-4500 FAX: (828)-299-7043 CEIVED McGill Mvision of Water Resources A S S 0 C 1 A T E S SEP - 9 2016 September 6,2016 Water Ow.01ty Reglonal Operations ( 1, Ashovi:Io Rogional Office Mr. Tim Heim,PE North Carolina Department of Environmental Quality—Asheville Regional Office 2090 U.S.Highway 70 Swannanoa,North Carolina 28778 Re: East Yancey Water& Sewer District Wastewater Pump &Haul Application Yancey County,North Carolina Dear Mr. Heim: On behalf of the East Yancey Water&Sewer District,please find enclosed one(1)original and one copy of the following items in reference to the above application. • Executed Wastewater Pump &Haul System application form • Check in the amount of$810 for the application fee • Letter from the receiving authority wastewater plant (Town of Burnsville) • Contractor Hauler letter • Description of pump and haul system and basin calculation • Flow calculation • Two sets of drawings, including a location map • Copy of Engineer's Certification (partial) for the East Yancey Water & Sewer District sewer collection system The attached permit application requests approval to pump and haul an estimated 6,450 gallons per day (gpd) of sewage from the East Yancey Water & Sewer District wastewater treatment plant basins to the Town of Burnsville's existing wastewater treatment plant. A significant portion of this flow is expected to be generated by the Micaville Elementary School, which has petitioned the District to connect to the recently constructed sewer system. This application is being submitted due to insufficient sewer flow that is initially expected to be conveyed for proper operation of the East Yancey Wastewater Treatment Plant, which was designed to treat a minimum flow of 10,000 gpd. 55 Broad Street P.O.Box 2259 ph: 828.252.0575 Asheville,North Carolina 28801 Asheville,North Carolina 28802 P. 828.252.2518 www.mcgillengineers.com Mr.Tim Heim,PE September 6,2016 Page 2 of 2 If you have any questions on the application submittal,please do not hesitate to contact us. Sincerely, McGILL ASSOCIATES, P.A. MIKE WARESAK, PE Senior Project Manager Enclosures cc: Nathan Bennett, East Yancey Water& Sewer District Ronnie Tipton,Town of Burnsville Linda Wiggs,NCDEQ-Asheville Regional Office P:/12.00404/0aisc/permits/pump&haul pem-dt/th06sep16-NCDEQ application.doc Division of Water Quality fast ct'Applicatton fF� r Sewer Systems—Review,Ch CMist Project Name: ii-ff Preliminary Review Date: , Project Number. VAINU y U1 d-S 4y,L� Final Review Date: Reviewen i � WQ0038874 . Application Pre avie�w Project is located in a County currently covered by the regional office es ❑No t ' Application and supporting documentation submitted in duplicate? es I One Original and One Copy ONo Correct application ree submitted?G.S. 143-215115 ( 'Yes Li-No Ensure that a check for$480 is submitted and made out Application package is complete hu J4- -lea Current application version W4b ;) . ONO . Briefproject narrative(per Section A ofFTA>; . []Yes ONo Certification of Public Convenience and Neces rovided [QYes []No (if applicable) Operational Agreements,signed an dated Yes ONo (if applicable) Flow Tracking/Acceptance Form - 3),signed ed OYes ONo Flow Tracking/Acceptance Plannan s Atidendum []Yes ONo (if applicable)' Site Map.and Street Le el Map(per Se F of 2} []Yes []No Stream Classifica' 5CAS 03- igned ' d'date' k OYes ONo (mast a .C-PE) - PE CerA ficatio' placation ed,seal ed by- ApplicantN. Oyes ONo Ce ' is sign dated(or tion tatter is provided) Oyes ONo P •# o t New "t Modi Does the require a pe the a QYes ONO See 'fling byRegul '15A' 02T.0303 for projects deemed permitted Is the project en the Fast T' gram? OYes ONo Project not permitfe the fast program Requires ari En. ental sment per 15A NCAC 01C.0408 Is an alterative`s sure sewers,STEP systems,vacuum systems,etc.) Is funded through th cture Finance Section If the applicant is a private entity(private utility) []Yes ONo Applicant has been designated as a public utility by the NC Utilities Commission Has submitted a Certificate of Public Convenience and Necessity(CPCN) or Letter from the Public Staff of the NC Utilities Commission(contact Central Office) If the applicant is a private entity(Developer) []Yes ONo Has submitted an executed Operational Agreement(DEV 06-13) , If the applicant is a Homeowner's or Property Owner's Association: OYes []No Has submitted an executed Operational Agreement(HOA 06-13) and, Copy of the Articles of Incorporation,Declarations and By-laws 1 Wastewater Flow Information flow volume been calculated correctly(section B.9 of FTA 12-12)? �" nYes ❑No Has the wastewater Flow is calculated per 15A NCAC 02T.0114 or If daily design flow is not based on regulations ensure that the applicant has an appro ed flow reduction of daily design flow rate on file with the Division. or If other than 2T.0114,values must be supported with flow data per 15A NCAC 02T. 114 f (Contact.Central Office) Has submitted Flow Tracking/Acceptance Form(FTSE 06-13) ❑Yes ❑No Proper certification per 15ANCAC.0106(b) ❑Yes '❑No Form is dated within one year of receipt of application package []Yes' ❑No Is FTSE Planning Assessment Addendum Required? ❑Yes ❑No Required only for projects where available pump station capacity is<0. Contact Central Office if needed Additional forms(FTSE 06-13)required? []Yes ❑No Required only if the owner of downstream sewer different then owner of W WTF Design Information - Has a Stream Classification form been submitted(WSCAS 03-12) : ❑Yes ❑No Required if any portion of project is within400 feet of any surface water or wetlands If no,verify separation on submitted iJSGS.Topographic Map Note, 15ANCAC 02T.0305(f)contains minnmm separations required,for sewer A variance is required if iminimum separations cannot be avoided Has been signed,sealed,and dated by an N.C:PE ❑Yes ❑No Is Project design is in accordance with(see section B.13 of FTA 12-12) ❑Yes ❑No 15A NCAC 021- . Gravity Sewer Minimum Design►Criteria(latest version) Minimum Design Criteria for Permittin o� f Pump Stations and Force Mains(latest)arsion) If no,a variance approval is required per the requirements of J5A NCAC 02T.0105(bl .Applicant must submit TWO copies of the plans,specifications,and calculations Contact the Central Office to discuss the variance request to determine a course of action. V. 'ance approvals are issued from the central office. .If approved,the variance should be incorporated into the al permit Project contains high priority lines(15A NCAC 02T.0402(21) ❑Yes ❑No Contact the Central Office Application Certification Has a N.C.PE stamped,signed,and dated the application? Yes ❑No PE with active license in North Carolina? Yes ❑No Check the NCBELS to ensure Engineer is currently registered to practice NCBELS License Lookup Applicant(Owner/Permittee)signature meets requirement of 15A NCAC.0106(b)? ❑Yes ❑No If not,is a delegation letter provided,delegating authority? }- ❑Yes 9�o If the owner is a corporation,is the corporation registered in N.C.? ❑Yes ONO N.C. Secretary of State orporatiori Search)- 2 Division of Water Resources State of North Carolina Department of Environmental Quality NOV - 8 2016 Division of Water Resources 15A NCAC 02T.0200—WASTEWATER PUMP AND HAUL SYSTEMS Division of Water Resources INSTR CTIONS FOR FORM P&H 01-16&SUPPORTING DOCUMENTATION Water Cluallty Regional Operations s cw�lie H,-Io o_nol Office Documents shall be prepared in accordance with 15A NCAC 02T.0100,15A NCAC 02T.0200,and Division policies. Failure to submit all required items will necessitate additional processing and review time. For more information,visit the Wastewater Branch's website or contact the Regional Office serving your county. General—This permit application applies to all pump and haul activities of wastewater under the authority of the Division on Water Resources. Permit coverage is required for the system producing the wastewater. This permit does not apply to the transport of animal waste from an animal waste management systems, not the transport of wastewater residuals or biosolids. NOTE: Pump and haul permits are not acceptable long term domestic wastewater treatment alternatives and shall only be issued in cases of environmental emergencies,nuisance conditions,health problems,or for unavoidable delays in construction of system previously permitted by the Division. The Applicant shall submit one original and one copy of the application and supporting documentation. A. Pre-submittal Contact&Cover Letter = = RECEIVED Division of Water Resources ® Contact the appropriate Regional Office prior to submittal ® Submit a cover letter explaining the circumstances associated with this pump and haul p rmit request _ 8 2016 SEP B. Application Fee(Domestic Wastewater Only) ® Submit a check made payable to:North Carolina Department of Environmental Quality( CDEQ) alitt,R�gionat Operations ➢ The appropriate application fee is:$810.00 for flows<10,000 D.and1,310.00 for flo s>1W, ,PQ rt ciion<a.l Office _, C. Wastewater Pump and Haul(FORM: P&H 01-16)9ppifcaton: ® Submit the completed and appropriately executed Wastewater Pump and Haul (FORM: P&H 01-16) application. Any unauthorized content changes to this form shall_result it the application package being returned. If necessary for clarity or due to space restrictions, attachments to the application maybe made, as ao.ng as the attachments are numbered to correspond to the section;and stern to which they refer: D. Receiving Facility Letter = _ ® Submit a letter from the owner/authority of the receiving*Astewater treatment facility,as required by 15A NCAC 02T.0204 (b),stating that the pumped and hauled wastewater will be lcaepted and specifying the volume and type of wastewater that will be accepter( The letter should b- signed by an authorized signing official in accordance with 15A NCAC 02T.0106(b) E. Contract Hauler Letter: ® Submit a letter from the hauler stating their capability and willingness to perform the pump and haul activity ® Letter shall include: Owner/Company_Name,Contact Information,&Hauling Volume of Vehicle(s) F. Certifications: - ® The Applicant's Certification on Page 4 of he application shall be signed in accordance with 15A NCAC 02T.0106(b). Per 15A NCAC 02T .0106(c), an alternate person=may be designated as the signing official if a delegation letter is provided from a person who meets the criteria tn15A NCAC 02T.0106(b) ® The Professional Engineer's Certification on Page 5 of the application shall be signed,sealed and dated by a North Carolina licensed Professional Engineer (if required) G. Plans and Specifications(Required for activities that result in the Practice of Engineering per G.S.89C-3): ® Submit two sets of plans and specifications(signed,sealed and dated by a N.C. Licensed Professional Engineer) ® Plans must include: ➢ A general location map ➢ Diagram of the components associated with the pump and haul activity(drains,piping,tanks, pumps,etc) ➢ Tank Details that indicate high water alarm ➢ Other items as required INSTRUCTIONS FOR APPLICATION P&H 01-16 Page 1 of 5 I Industrial Pump and Haul Activities Per 15A NCAC 02T.0203(A)(2), Industrial pump and haul activities are deemed permitted provided the following criteria is met: ➢ The facility notifies the appropriate Division regional office in writing advising of the type of operation,type and quantity of wastewater generated, location, and the receiving wastewater treatment facility. A letter from the facility accepting the wastewater(type and quantity)specifically agreeing to accept wastewater from the applicant shall be included. ➢ The wastewater does not contain any human waste. ➢ The waste is collected and discharged into a sewer or treatment system designed and permitted to accept the type of wastewater being pumped and hauled. ➢ The pump and haul activity is not to alleviate a failing wastewater system. ➢ The Division regional office concurs in writing that the activity meets the criteria in this Rule. CONTACT THE REGIONAL OFFICE PRIOR TO INITIATING ANY INDUSTRIAL PUMP AND HAUL ACTIVITES. SUBMITTAL OF THIS APPLICATION/DOCUMENTS AND WRITTEN APPROVAL IS STILL REQUIRED FOR INDUSTRIAL PUMP AND HAUL ACTIVITIES THE COMPLETED APPLICATION PACKAGE INCLDING ALL SUPPORTING INFORMATION AND MATERIALS,SHOULD BE SENT TO THE APPROPRIATE REGIONAL OFFICE: REGIONAL OFFICE ADDRESS COUNTIES SERVED Asheville Regional Office 2090 US Highway 70 Avery,Buncombe,Burke,Caldwell,Cherokee, Water Quality Operations Swannanoa,North Carolina 28778 Clay,Graham, Haywood,Henderson,Jackson, (828)296-4500 Macon,Madison,McDowell,Mitchell, Polk, (828)299-7043 Fax Rutherford,Swain,Transylvania,Yancey Fayetteville Regional Office 225 Green Street Suite 714 Anson,Bladen,Cumberland, Harnett, Hoke, Water Quality Operations Fayetteville,North Carolina 28301 Montgomery, Moore, Robeson, Richmond, (910)433-3300 Sampson,Scotland (910)486-0707 Fax Mooresville Regional Office 610 E.Center Avenue Alexander,Cabarrus,Catawba,Cleveland, Water Quality Operations Mooresville, North Carolina 28115 Gaston, Iredell,Lincoln, Mecklenburg, Rowan, (704)663-1699 Stanly, Union (704)663-6040 Fax Raleigh Regional Office 1628 Mail Service Center Chatham,Durham,Edgecombe, Franklin, Water Quality Operations Raleigh, North Carolina 27699-1628 Granville,Halifax,Johnston,Lee,Nash, (919)791-4200 Northampton,Orange, Person,Vance,Wake, (919)788-7159 Fax Warren,Wilson Washington Regional Office 943 Washington Square Mall Beaufort, Bertie,Camden,Chowan,Craven, Water Quality Operations Washington, North Carolina 27889 Currituck,Dare,Gates,Greene, Hertford,Hyde, (252)946-6481 Jones, Lenoir, Martin, Pamlico, Pasquotank, (252)975-3716 Fax Perquimans, Pitt,Tyrrell,Washington,Wayne Wilmington Regional Office 127 Cardinal Drive Extension Brunswick,Carteret,Columbus, Duplin,New Water Quality Operations Wilmington, North Carolina 28405 Hanover,Onslow, Pender (910)796-7215 (910)350-2004 Fax Winston-Salem Regional Office 450 W. Hanes Mill Road Alamance,Alleghany,Ashe,Caswell, Davidson, Suite 300 Davie,Forsyth,Guilford,Rockingham,Randolph, Winston-Salem, North Carolina 27105 Stokes,Surry,Watauga,Wilkes,Yadkin (336)-776-9800 INSTRUCTIONS FOR APPLICATION P&H 01-16 Pag e.2 of 5 I. PRFSUBMITTAL INFORMATION: ! WG1��03$$74 -- ` 1. Contacted representative from regional office(Pre-submittal)?: ® Yes❑ No 3g g W 2.. Contact name (For Regional Office):Linda Wings II. APPLICANT INFORMATION: 1. Applicant's name(Municipality, Individual,Corporation,etc):East Yancey Water& Sewer District 2. Applicant type: ® Municipal ❑State ❑ Privately-Owned Public Utility ❑County ❑Other: 3. Origin of Wastewater: ❑ Residential Subdivision ❑ Retail(Stores,Shopping Centers) Domestic: 100 ❑ Apartments/Condominiums ❑ Institution Commercial: ❑ Mobile Home Park ❑ Hospital Industrial: ®School ❑ Church Other: ❑ Restaurant ❑ Nursing Home ❑ Office ®Other(specify) 4. Signature authority's name:Nathan Bennett per 15A NCAC 02T.0106(b) Title:County Manager 5. Applicant's mailing address: 110 Town Square City:Burnsville State:NC Zip:28714- 6. Applicant's contact information: Phone number: (828) 682-3971 Email: nathan.bennett@vane cy ountvnc.gov III. CONTACT/CONSULTANT INFORMATION: 1. Contact name:Mike Waresak Title/Affiliation:_Senior Project Manager/McGill Associates,P.A. 2. Contact's information: Phone number: (828)252-0575 Email:mike.waresak(&mc illengineers.com IV. RECEIVING FACILITY INFORMATION: If more than 1 facility has agreed to accept the wastewater, please list all the owners,facility names,and permit numbers as a separate attachment) 1. Owner:Town of Burnsville 2. Facility name: Town of Burnsville WWTP 3. Facility permit number: NCO020290 4. WWTF permit number: NCO020290 S. WWTF contact name:Ronnie Tipton Title/Affiliation:Public Works Director 6. WWTF contact information: Phone number: (828)682-2420 Email:rtiptonAtownofburnsville.org r i APPLICATION P&H 01-16 Page 3 of 5 l v; iPOkCT RO RMATION 1 Location of Project(physica(add(ess}; Watt To.wii Road: Approximate Coordinates(Decimal Degrees): Latitude: 35.9.18350 Longitudes.-82:2080Sa: t 2. Quratro:f of Puirip and Haul aequest(Six Mariths i'yical), 6`'inontl7s 3. His a prior permit been,iss.,ued,7 New Prior .um klaui Permit . Permit Na.< 4.: P:erman:ent Method of Wastewater Disposal.°;Permitted treated discharke to South T AN't5 5 Date permanent;D75pgsel wi(.i q:e available, Sipternbai 1,20I7 " 6;, Have,permits j`a.pprovals for.perman.erit diSp.osai been obtained? Ryes,. El No Perm t Number: WCU08789'1 7 ls.there. Oretreatmer;t.Programineffect? No t:w. describe any pretreat"Mant priarto pumping end hauling:: 9. Volunie,of waste water`G.enerate.d> q;450 Gallon per Day �a explain itaw the wastewater flaw wa$deterrrfin00 1SA NCAC'02T Q114 of E `Repres 0,ativo Data lf;representatrveddta,ctescrrk�e 21, bescribeTank J-.6ntather wastewater witt be pumped from(attach description i`f.necessary)': Waste yete► txeat> e t plant aea afron/slt lgo h"Idrir G.astti:: 12,. 'is'Tank tort aIner in palace:, wrli, be r'nstalled (attach description if necessary):, Iri�Iaoir; 13 W11at type of high water alarm'doq ti a contai ner here(atl,ct/ar), Audible:and Visual, Vernetry(Auto:Dialer/.SCAl3A) VI:. CERTI.FfCA f( N; .. Applrcarit's Certification (5lghature ofSij ping Official and Protect Name) 11 Nathan Sennett,::attest that#his arppltcati..ori`for East Yancey 1Nater& Sevuer Drstricf puma and haul`has beers: reviewed.by me and 1s.accurate and cQm0tete-to the best of my knourfedge:.l underseand thatlf,ail e'euired parti;pf this' , applicatlan are riot carrlpleted.,ahe tl�a 1f.aA.required supportlh dacunientattori arrcf`;attaohrf ents.are not rricittded,#hTs: eppilca#ion package r5 subject to:;being.returned.as rncQ:rnplefie; (:understand tha:t'issraance of a.p:errnit will require pump and hauf facilities or activities to be inspected at least"daily by me,or a designated representative. Note. In aceordallce wlth Nartfi„ Carottna Genera!Statutes 3.21A and.143 °15 iSB eiy persgn wtto icnoWingly makes ariy false-:statements repf esenta> Qn, a...r cerllffcation ln:any ap licatian:;.shall fse<gulity:.of a.Class=2 misde:riieanar which:nV.include a:`ffne nat to exceW$4 000 as +tiell as civil penalties.0: $25 Qi)4.perviolation la:.. ___8*i hg Official Signature, E�atie. ENGIiVI?EftlNa QOCU11tIENTS MUST BE CQ;M{�i.iwT ;R PRIQIt TO SUBfy11TTAl; ACTIVITIES SHALL;BE INSPO?ECI AT I EgST DAILYY T,HE.PERMITtEE QIt IT'S REPR..ESENTATIVE PR.�SA N:CAC Q2 f;02Q4(dl. APPLICATION M14 01-16 __ page 4 of:S THE ENGINEER'S CERTFICATION IS REQUIRED FOR ACTIVITIES THAT RESULT IN THE PRACTICE OF ENGINEERING PER G.S.89C-3. ENGINEERING DOCUMENTS MUST BE COMPLETED PRIOR TO SUBMITTAL. IF CERTIFICATION BY AND ENGINEER IS REQUIRED, THIS PAGE IS NOT NECESSARY. 2. Professional Engineer's Certification: (Signature of Design Engineer and Project Name) I, Michael J. Waresak ,attest that this application for East Yancey Water & Sewer District, pump and haul 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 all the applicable regulations. Although other professionals may have developed certain portions of this submittal package,inclusion of these materials under my signature and seal signifies that I 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. 2a.Michael J.Waresak Professional Engineer Name ���®®®®t,���!//®A® __. _ _._.. _._..._._. _ ....._ .._. ... ..__..__.. .. 2b.McGill Associates,P.A. ° Engineering Firm 2c.55 Broad Street Mailing Address ® 2d. Asheville 2e. NC ;2f. 28801 City State Zip 2g. 828-252-0575 2h. 828-252-2518 2i. mike.waresak@mcgillengineers.co Telephone _Facsimile E-mail NC PE Seal,Signature&Date UN_ V I 9 : - i APPLICATION P&H 01-16 Page 5 of 5 Theresa Coletta y Town Of Burnsville Ruh�0d8 Ma or Dau Jeanne Martin OF auj?'V Judy Buchanan Town Clerk ,�a y� � � Shannon Peterson 4� Pon Powell ■ To whom it may concern: The Town of Burnsville has entered into an agreement with the East Yancey Sewer District to operate their wastewater treatment facility located on Wyatt Town Road. The Town has had several discussions with engineers and the manufacturer of the plant and determined an influent flow amount which would allow the plant to operate properly. The District has determined that on startup that amount of flow will not be present at the plant. This letter serves as an agreement between the District and the Town to accept this wastewater at our Pine Swamp Treatment Facility. The Town currently has the reserve capacity to accept up to 10,000 gallons per day of untreated wastewater from the district. This wastewater is required to be domestic wastewater only. It is the understanding of the town this wastewater will be hauled and discharged into our facility. This will be coordinated by our ORC for the Pine Swamp facility. eblic Tipton Works Director P.O. Box 97 Burnsville, North Caroling 28714 * Phone (828) 682-2420 FAX (828) 682-TISI ®U' "TA I N environmental consulting ® assessment ® remediation waste management Environmental Services, Inc. SERVICE AGREEMENT F CLIENT: Yancey County : Attention: Mr.Nathan R. Bennett I County Manager 110 Town Square, Room 11 i Burnsville, NC 28714 Telephone: (828) 682-3971 Nathan.Bennett(atYauceyCounfyNC•u<�v_ ' I PROJECT: Provide Pump and Haul Services East Yancey Sewer Plant to Pine Swamp Wastewater Plant 1 DATE: August 29,201616 Mountain Environmental Services, Inc. (MESI) has been requested to provide certain services at the above referenced site. MESI and Client desire the Services be performed based on the quotation provided and in accordance with the provisions of this Agreement. Upon execution by MESI and Client, and in consideration of the mutual covenants and agreements herein, MESI and Client agree without exception as follows: SCOPE-OF-WORK. MESI will provide all labor, materials and equipment as needed to perform the tasks as detailed below f [hereinafter"the Work"]: • MESI will provide a 3,000 gallon or larger septic tank truck to transfer tvaste►•vater fr-orn the East Yancey Wastewater Treatment Plant in Micaville to the Pine Swamp Wastewater Treatment Plant in Burnsville on an as needed basis,Mountain Environmental can respond to a request within 3 business days. i • Scheduled days of transfer will consist of eight to nine hours of continuous transport. It is estimated approximately six(6)turns can be achieved or the transfer of no less than 18,000 gallons per day of operation. • Mountain Ern�ir-onmental will obtain a_NC Septage Manaaentertt Fire:Operator licensed oni NCDENR prior to hauling A Wastewater Treatment Authorization t•vill be required front Pine Swanrp Treatment Plant. • Septage hauling by Mountain Environmental will be dedicated_ to, and limited to, the Ptunp and Haul System s transport for the East Yancey Wastetivater Treatment Plant. The Worh shall be implemented in accordance vvith this Agreement and with all applicable Federal, State, and local laws, ordinances and regulations. The MESI "Terms and Conditions"are incorporated by reference in, and made part of, this Agreement without exception. a OUOTATION: MESI will provide performance of the Work based on the unit rate listed below: Eight Hours minimum transport time.....................................................................$1,000.00 per day 1 9 r' 1 V 1 1560 Pisgah Drive PHONE: 828/648-5566 Canton,NC 28716 www.mountainenvironmental.com 800/261-0031 FAX: 828/648-1566 I 5 I 'AA ®U' ®TA I N environmental consulting assessment ® remediation ® waste management Environmental Services, Inc. Terms and Conditions • Limit ofLiahility:To the fullest extent permitted by law,MESI's total liability to Client for any and all injuries,claims,losses, expenses or damages whatsoever arising out of or in any way related to this Agreement from any cause, including but not limited to MESI's negligence, errors, omissions, strict liability, breach of contract or breach of warranty shall not exceed the total value of this Agreement.MESI shall not be liable to Client for any special,indirect or consequential damages whatsoever, whether alleged to be a result of MESI's negligence, errors, omissions, strict liability, breach of contract or warranty, or performance of services under this Agreement. • Subsurface Structures and Utilities: Client assumes all liability for claims or damages arising from injury to subsurface structures and utilities unless Client calls such subsurface structures and utilities to MESI's attention, properly locates such subsurface structures and utilities on plans furnished to MESI or calls a locating company to the jobsite to identify and properly locate such subsurface structures and utilities. In the performance of the Work,MESI will take reasonable precautions to avoid injuring subsurface structures and utilities and will offer Client the opportunity to approve all sites for subsurface investigation and/or excavation in the field. • Surface of the Property: MESI shall not be responsible for any claims or damages arising out of any injury to the surface of 1 Client's property alleged to be caused by MESI. { • Right ofEnby:Client shall provide access for MESI to enter Client's property in order for MESI to carry out the Work. • Hold Harudess and Indemnification: Client shall defend,indemnify and hold harmless MESI and its sub-contractors from all claims and expenses, including court costs and reasonable attorneys fees, arising from: (1) environmental conditions whose existence or source was not previously disclosed to MESI by Client; (2) the condition of Client's property; (3) execution of hazardous waste manifests as agents on behalf of Client;and/or(4)otherwise arising out of Client's acts, omissions or breach Of warranty or representation. • Ownership of Docaarents:All original documents and drawings produced by MESI in accordance with this Agreement,except documents that are required to be filed with public agencies, shall remain the property of MESI. Client shall be liable and responsible for use of unsigned plans,drawings or other documents not signed by MESI and waives liability against MESI for such use.Client releases and waives any claim against MESI for any use,not authorized by MESI,of those documents by third + parties not related to this Agreement;and,Client shall indemnify,defend and hold harmless MESI from any claim or damages for any use,not authorized by MESI,of those documents by third parties not related to this Agreement. • Standard of Care:MESI shall carry out the Work in a manner consistent with the level of care and skill ordinarily exercised by members of the profession in the same locality and under similar conditions as the Work. There are no representations, warranties or representations, either express or implied, except as are expressly and specifically included in the body of this Agreement. • Health and Safety: Concerning jobsite safety, MESI shall be responsible solely for its and its employees' activities on the jobsite. Such responsibility shall not relieve Client,Owner or any construction contractors fi-om their respective responsibilities for maintaining a safe jobsite. Neither the professional activities of MESI, nor the presence of MESI or its employees and subcontractors, shall be construed to imply that MESI has any responsibility for methods of work performance, supervision, sequencing of construction,or safety in,on or about the jobsite. • Discove►y of Unanticipated Hazardous Materials: The discovery of unanticipated hazardous materials shall constitute a 4 substantial change in the condition of the jobsite and shall mandate a renegotiation of the scope of the Work and, if such renegotiation is not successful, termination of the project in the discretion of MESI. MESI shall notify Client as soon as practicable if unanticipated hazardous materials are encountered. The discovery of unanticipated hazardous materials shall make it necessary for MESI to take immediate measures to protect human health and safety and Client authorizes MESI to take all measures that MESI determines in its sole discretion are justified to protect human health and safety, including that of MESI's personnel and the public.Client waives any claim against MESI and shall indemnify,defend and hold harmless MESI from any and all claims arising out of the encountering of unanticipated hazardous materials or suspected hazardous materials. Client shall compensate MESI for tine costs of all work associated with each such event based upon MESI's prevailing fee schedule. • Alternative Dispute Resolution: If any controversy or claim arises out of or relates to this contract, or breach thereof, and if said dispute cannot be settled through negotiation or mediation, the parties shall submit to arbitration in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association,and judgment upon the award rendered by the arbitrator(s)may be entered in any court having jurisdiction thereof. i 1560 Pisgah Drive PHONE: 828/648-5556 Canton,NC 28716 www.mountainenvironmental.com 800/261-0031 FAX: 828/648-1566 i t AOUNTAINenvironmental consulting assessment remediation waste management Environmental Services, Inc. -- -- �� ACCEPTANCE OF PROPOSAL AND AUTHORIZATION TO PROCEED IF YOU ARE IN AGREEMENT WITH THE ABOVE SCOPE OF WORK, QUOTATION, AND TERMS AND CONDITIONS, MESI WILL SCHEDULE TO BE ON-SITE, AT THE AGREED UPON TIME AND DATE, UPON RECIET OF A SIGNED COPY OF THIS SERVICE AGREEMENT OF A YANCEY COUNTY PURCHASE ORDER. Y Authorization to Proceed.MESI is hereby authorized and directed to perform the Work based on the unit costs set forth in this Agreement. This proposal is valid for a period of 90 day after signing by MESI. Yancey County Mountain Environmental Services,h C . Authorized Signature: Max Kiniel Name: President Title: August 29,2016 Date: s i f F j, pY L p. {F{5 1 F j u i I R jptS 3 1 u i 1560 Pisgah Drive PHONE; 828/648-5556 Canton,NC 28716 www.mountainenvironmental.com 800/261.0031 FAX: 828/648-1566 i { I East Yancey Water& Sewer District Wastewater Pump and Haul Permit Application August 2016 Proposed Pump and Haul operation and basin storage calculation Pump and Haul Operation 1) Wastewater collection system conveys wastewater to East Yancey WWTP, and wastewater is transferred to the concrete SBR basins and concrete digester basin for storage. Waste4water to be pumped out of the digester basin using the truck loading station pump, or a pump-equipped truck. 2) Estimated flow is 6,450 gallons per day. 3) Volume of each SBR basin is calculated as 32' x 32' x 15' depth which equates to 15,360 cubic feet each, or a total of 30,720 CF. At 7.48 gal/CF, this equates to 229,785 gallons. 4) Volume of digester basin is calculated as: 32' x 17.5' x 15' water level depth equates to 8,400 cubic feet. This equates to 62,832 gallons. 5) Total storage equals 229,785 gal+62,832 gal=292,617 gallons. 6) At 6,450 gal/day, available storage is approximately 45 days. e e • �s AL® e 019950 •• East Yancey Water& Sewer District Wastewater Pump and Haul Permit Application August 2016 Flow Determination per 15A NCAC 02T.0114 Micaville Elementary School: 180 students x 15 gpd/student=2,700 gpd Hickory Springs Manufacturing: 140 employees x 25 gpd/employee=3,500 gpd Crimson Laurel Gallery 10 employees x 25 gpd/employee=250 gpd TOTAL=6,450 gpd u o East Yancey Water and Sewer District Pump and Haul Permit Application, Estimated Schedule November 2016 Item Description Estimated Estimated Date No. Cumulative Sewer System Flow ( d) 1 NCDEQ Issuance of Pump&Haul Permit November 2016 2 Micaville Elementary School sewer 2,700 December 2016 connection 3 Hickory Springs Manufacturing sewer 6,200 January 2017 connection 4 Crimson Laurel Gallery sewer connection 6,450 February 2017 5 Additional sewer connections 8,000 March 2017 6 Additional sewer connections 10,000 Aril 2017 7 Start-up of Wastewater Treatment Plant 10,000 April 2017—May 2017 8 End Pump &Haul operation - May 2017 i - r T 15A NCAC 02T.0204 PERNMI I'ING (a) Pump and haul permits are not acceptable long-term domestic wastewater treatment altematives,l Pemnits fordormstic wastewater shall only be issued in cases of environmental emergencies,nuisance conditions(e.g.odors,vectoislheahh problems,or for unavoidable delays in construction of systems previously permitted under this Section. The permits shall be issued for a period of no more than sixmonths unless the Director determines that conditions are such thatthe final waste management options cannot be implemented within six months. (b) Applications shall include a letter from the facility accepting the wastewater specifically agreeing to accept wastewater(type and quantity)fromthe applicant for the proposed activity. (c) Pump and haul facilities shall include at a minimum 24 hours storage with high-water alarms. (d) Permitted pump and haul facilities or activities under this rule shall be inspected at least daily by the permitteeorits representative. History Note: Authority G.S. 143-215.1;143-215.3(a); E, .September 1,2006. , (I '5C 01 roes Nov , a 20�6 �eg�0na �ffi etlons ,-I -. l ilECEIVEfJ W of#Nvislon RECEIVED � Gill Division GIWnter Resources I stet'Aesourue* c A s s O c i A T E S NOV *8 2016 CEP " 8 2016 September 6, 2016 Water OtIAl►ty peglonat Water QuaRtyReglonal Operation., Asha C43OM tons Asheville Reaiona!C?F i^^ —�.!r FTI::l'ona(Office -.....,.....-,.,Asheville negia ...._.........,......., ,. _.... .J .�..,e...r ...J Mr. Tim Heim,PE North Carolina Department of Environmental Quality—Asheville Regional Office 2090 U.S.Highway 70 Swannanoa,North Carolina 28778 Re: East Yancey Water& Sewer District Wastewater Pump &Haul Application Yancey County,North Carolina Dear Mr. Heim: On behalf of the East Yancey Water&Sewer District,please find enclosed one(1)original and one copy of the following items in reference to the above application. • Executed Wastewater Pump &Haul System application form • Check in the amount of$810 for the application fee • Letter from the receiving authority wastewater plant (Town of Burnsville) • Contractor Hauler letter • Description of pump and haul system and basin calculation • Flow calculation • Two sets of drawings, including a location map • Copy of Engineer's Certification (partial) for the East Yancey Water & Sewer District sewer collection system The attached permit application requests approval to pump and haul an estimated 6,450 gallons per day (gpd) of sewage from the East Yancey Water & Sewer District wastewater treatment plant basins to the Town of Burnsville's existing wastewater treatment plant. A significant portion of this flow is expected to be generated by the Micaville Elementary School, which has petitioned the District to connect to the recently constructed sewer system. This application is being submitted due to insufficient sewer flow that is initially expected to be conveyed for proper operation of the East Yancey Wastewater Treatment Plant, which was designed to treat a minimum flow of 10,000 gpd. 55 Broad Street P.O.Box 2259 ph: 828.252.0575 Asheville,North Carolina 28801 Asheville,North Carolina 28802 f: 828.252.2518 www.mcgillengineers.com M1gg 9�y i.� l i �'Yr�!'�'.'f�!o..yrtr�',.n.^"x t.nk A°'f ,^. � i ;..P r •r�.n'(»�n�sr:t=e+r rt"'� . / Mr.Tim Heim,PE September 6,2016 Page 2 of 2 If you have any questions on the application submittal,please do not hesitate to contact us. Sincerely, McGILL ASSOCIATES, P.A. MIKE WARESAK, PE Senior Project Manager Enclosures cc: Nathan Bennett, East Yancey Water& Sewer District Ronnie Tipton, Town of Burnsville Linda Wiggs,NCDEQ-Asheville Regional Office R/12.00404/misc/pemrits/pump&haul permitlfliMsepl6-NCDEQ application.doc East Yancey Water & Sewer District '1-1we I -�re.h w�T>'�v,+�►� Permit No. WQ0033615 Cs7' �-F-,L 4-7) -?Po S?6} -7 2 t Z 0 Sewer System Improvements eXA ��or,/�r•�/v� �ef;�r�nf Issued June 17, 2011 " S�'!./L�it ,roe" X I;k o o -14; - E ENGINEER'S CERTIFICATION L/(��-t2�'r L� 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 East ,Yancey Water & Sewer District sewer. collection system, located in Yancey County, hereby state that to the best of my abilities, due care and diligence was.used in the observation of the following construction: approximately 44; -6 linear feet of 87inch gravity sewer (along Ayles Creek); l 2 3 approximate y i-� linear feet of 12-inch gravity sewer (along Little Crabtree Creek); the East Yancey WWTP Influent Pump Station consisting of a dua1.320 gpm pumps with audible and visual alarms, back up 25 kW generator,,telemetry; pproximately linear feet of 8-inch force main(along the South Toe River), (c•rreei... and 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,referenced project was observed. to be built within substantial compliance and intent of the approved plans and specifications Si nature :'/' �l $ Registration No. C�7/ DateCAR Mail this Certification to: DENR/DWQ d Construction Grants &Loans Section. 1633 Mail Service Center m Raleigh,North Carolina 27699-1633. Note: If the wastewater collection permit was issued to a private entity under an Operational Agreement with the Environmental Management Commission, then a copy of the Articles of Incorporation, Declarations, and Bylaws that have been properly filed with the applicable County's Register of Deeds shall be submitted with this certification. 4'z'S l✓,� I.Lr t ,� }� � AWL� �� 4 • <a .��fr i .:�� Y-mot v .T � �.; ° 4,.a J��.�'"` VI It M od f ���3Y i�'� J�a��`�•�'G°i�yt,�'r fs S S.s L'+.; �x{�� .fit �G4, '( p . r • rx�Cr ��,r�' ,�� fi k-4�''s"{t �t4� "��rr a irwy` + A, x � "pAnH QNg ,,X'A,,x'4.�5'+�, + t - �s Eyfl..f 4E i` j, i i