NC0088901_Regional Office Physical File Scan Up To 10/6/2020

OF WATfi
Michael F. Easley
O QG i Governor
Uj -F ! 1 5 2 William G. Ross, Jr., Secretary
> r-- i' l No h Car lina Department of Environment and Natural Resources
�-_ Alan W. Klimek, P.E., Director
1ti�gT�FR GI�ALITY gEGTI�Pd Division of Water Quality
OFFICE.� .
October 12, 2009
To: Roger Edwards
WQ Regional Supervisor
Asheville Regional Office
From: Sergei Chernikov, Ph.D.
Environmental Engineer II
NPDES-West
Re: i '. 3 s. palorirllple
The NPDES-West has received EAA (please see attached) for a new NPDES permit for the
above referenced project. Please let me know if you have any questions, objections or concerns.
Please prepare a Staff Report and mail it to NPDES-West.
cc: Permit File
N. C. Division of Water Quality / NPDES.Unit Phone: [phone]
1617 Mail Service Center, Raleigh, NC 27699-161T i�- fiak"[phone]
Internet: h2o.enr.state.nc.us DEN Customer Service Center: 1 800 623-7748

BROOKS
Engineering
Associates
Land Planning Civil Engineering Surveying Environmental Services
Letter of Transmittal
17 Arlington Street
Asheville, NC 28801
P:828.232.4700
F: 828.232.1331
(J)�
Mm
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m>
rn r-
To:
From:
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NC Department of Environmental
Paul Sexton
and Natural Resources
m
m
Division of Water Quality/NPDES
Unit
1617 Mail Service Center
Raleigh, NC 27699
need telephone no. if Fedex, no P.O. Box
Project Name:
Date:
Miller Apartment Complex
October 7, 2009
Project No:
cc:
326409
File
(need telephone no. if Fedex, no P.O. Box)
❑ Deliver
❑ Overnight* ❑ Other
*must use street address & indude phone number
Document Description:
Date:
Use:
Engineering Alternatives Analysis
1 Copy
Comments:
Please find attached additional copy of EAA report as requested. Call with any
questions.
",0'1',!ECE1VE1)
0 CT 9 2009
\\
POINT SOURCE BRANCH
17 ARLINGTON STREET ASHEVILLE, NC 28801 P: 828.232.4700 F: 828.232,1331 WWW.BROOKSEA.COM

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y
C 1 1 5 2009
WATER QUALITY SECTION
ASHEVILLE REGIONAL OFFICE
MILLER APARTMENT COMPLEX
U.S. HIGHWAY 70 EAST
MCD®WELL COUNTY, NORTH CAROLINA
ENGINEERING ALTERNATIVES ANALYSIS
(CAA)
PREPARED FOR:
LARRY MILLER
2024 NIX CREEK ROAD
SUITE A
MAP -ION, NO 28752
SUBMITTED TO:
NORTH CAROLINA DEPARTMENT OF ENVIRONMENT
AND NATURAL RESOURCES
DIVISION OF WATER QUALITY - NPDES UNIT
1 61 7 MAIL SERVICE CENTER
RALEIGH, NO 27699-1 61 7
PROJECT No. 326409
4.'flf g'
SEAL �.
•
° 032680 . -
e
09
ORIGINAL: AUGUST 1 7, 2009

Table of Contents
1.0 Introduction.......................................................................................................1
1.1
Applicant Information...............................................................................1
1.2
Property Information................................................................................2
2.0
Initial
Discharge Determination........................................................................3
3.0
Technical
Evaluation of Alternatives...............................................................5
3.1
Connection to Existing Waste Treatment Plant ........................................
5
3.2
Individual or Group Septic Systems.........................................................5
3.3
Reuse Land Application & Reuse............................................................7
3.4
Direct Discharge to Surface Waters.........................................................
8
3.5
Combination of Alternatives.....................................................................
8
4.0
Economic Evaluation of Alternatives.............................................................10
4.1
Connection to Existing Wastewater Treatment Plant..............................11
4.2
Individual or Group Septic Systems.......................................................12
-
4.3
Land Application....................................................................................13
4.4
Direct Discharge to Surface Waters.......................................................14
4.5
Combinations of Alternatives..................................................................14
6.0
Figures
1.
Development Site Plan
2.
General Site Location Map & Discharge Location Map
3.
Neighboring Discharge Facility Locations
6.0
Attachments
A.
Local Government Review Form
B.
County Environmental Health Denial Letter
C.
BEA Soil Scientist Report
D.
Drainfield & Irrigation Required Acreage Calculations
E.
Present Value Cost Analysis
F.
Engineer's Opinion of Cost for Infrastructure
G.
Proposed Treatment Technology Cut -sheet

1.0 Introduction
This Engineering Alternatives Analysis (EAA) is provided as part of the application for
a new NPDES permit for the Miller Apartment Complex in accordance with 15A NCAC
2H.0105. The purpose of this EAA is to determine the technical and economic
feasibility of wastewater disposal options available for the development.
As part of the 1972 Clean Water Act, discharge to surface waters is considered only as
a last resort. Brooks Engineering Associates has evaluated all of the alternatives and
has concluded that the surface discharge permit is the only viable option for the
applicant. The project consists of an existing 8 unit apartment complex located on a
1.34 acre parcel. The apartments have been utilizing an existing sand filter
discharging to Forsyth Creek that was originally permitted by the county health
department, so no NPDES permit has been issued for the facility. A letter frorn.,tf`e:
has hired our firm to assist in bringing the discharge in compliance with state
regulations. Upon initiation of an investigation of the soil conditions by the McDowell
County Department of Public Health, it was determined that the soil was unsuitable for
a land disposal system because of unsuitable soil material and setback regulations.
1.1 Applicant Information
Pertinent information regarding the applicant and this application is as follows.
Property Owner:
NPDES Permit Applicant:
Larry Miller
2024 Nix Creek Road, Suite A
Marion, NC 28752
Larry Miller
2024 Nix Creek Road, Suite A
Marion, NC 28752
EAA Preparers Information: Brooks Engineering Associates, PA
17 Arlington Street
Asheville, NC 28801
[phone]
Contact: Paul E. Sexton, P.E.
Brooks Engineering Associates, P.A. Engineering Alternatives Analysis
BEA Project No. 326409 Miller Apartment Complex

1.2 Property Information
The subject property is located in McDowell County near the intersection of NCSR
1536 (Memorial Park Road) and U.S. Highway 70 E, in Marion, NC. The subject site
consists of one parcel (PIN # 1712-52-6802) which is 1.34 acres. The site is mostly
cleared with an existing two-story 8 unit apartment building and associated asphalt
parking lot. The site is bordered to the north by Memorial Park Road and bordered to
the south by U.S. Hwy 70 E. Forsyth Creek runs across the property from west to
east.
The existing building was built in the early 1970's and has been used as a residential
apartment complex.
The sit ester service is.prouided�by a single existin-g well. The site layout is provided
as Figure 1. The Local Government Review Form is provided as Attachment A.
A general site location map has been included as Figure 2 depicting the discharge
location. The proposed wastewater receiving stream is Forsyth Creek. "T_hLe—d gn
eachithU2 f edrom at{120�gpd/bedroom-in accordance with1.5A NCAG02T .Ot14_4
(since 15A NCAC 2H 0.219 has been repealed).
Brooks Engineering Associates, P.A.
BEA Project No. 326409
Engineering Alternatives Analysis
Miller Apartment Complex
2

2.0 Initial Discharge Determination
Brooks Engineering Associates has performed an initial determination regarding the
potential of the receiving stream to accommodate the proposed developments' design
wastewater flow of 1,920 gpd. The discharge location longitude and latitude are
provided on Figure 2. The receiving stream, Forsyth Creek, was researched for
limiting classifications and the following determinations were made:
♦ Forsyth Creek has no zero -flow restrictions per 15A NCAC 213.0206 (d)(2);
♦ Forsyth Creek is classified as a Class C stream (Stream Index No. 11-25);
♦ Forsyth Creek is not designated as an Impaired Water and has no designated
TMDLs;
♦ The portion of Forsyth Creek where this project is proposed has no known
presence of endangered species.
♦ Class C waters have no restrictions on watershed development or types of
discharges.
Forsyth Creek is part of the Catawba River Basin. A basin wide plan does exist for the
Catawba River Basin but Forsyth Creek is not identified in the plan.
To address potential deficiencies of the receiving stream regarding flow, BEA staff
conducted an investigation bye.onfirlmng a=apasite 7"Q�1p0-"low,strea floww"for__rrsyfh
Creek w�thrthe_ GS These activities are discussed below.
On June 29, 2009 BEA staff contacted Mr. Curtis Weaver, PE of the USGS in Raleigh,
North Carolina. Mr. Weaver is the principal engineer in charge of making stream flow
determinations for the Raleigh USGS office. The 7-day 10-year low flow (7Q10) is the
governing stream criteria for wastewater point source discharges for flow acceptance.
Mr. Weaver replied via e-mail that a drainage area of 0.69 sq. mi. was determined for
the point of interest on Forsyth Creek downstream from U.S. Highway 70 at Clinchfield
(station id 0213814220); there are three nearby partial -record sites and two
continuous -record gaging stations in McDowell County and western Burke County that
are in vicinity of the subject site for which low -flow discharge estimates are provided. In
Table 1 of the report United States Geological Survey Water -Supply Paper 2403, '
Brooks Engineering Associates, P.A.
BEA Project No. 326409
Engineering Alternatives Analysis
Miller Apartment Complex
3

,Vow -Flow Characteristics of Streams in North Carolina' low -flow discharge estimates
are provided for these nearby sites. Expressing these estimates as low -flow yields
provides some indication of 7Q10 flow estimates ranging from about 0.23 to 0.45 cfs
(average about 0.31 cfs). The regional low -flow relations presented in above
referenced report for this hydrologic area (HA10) results in a 7Q10 low -flow estimate i.
with yield value of about 0.28 cfsm.
Applying the above stated low -flow yields to a drainage area of 0.69 sq. mi. results in
7Q10 flow estimates ranging from about 0.15 to 0.3 cfs (average about 0.2 cfs).
No USGS records of discharge are known to exist for at the discharge point on Forsyth
Creek. Where no or insufficient data is available for a low -flow analysis, a
determination of low -flow characteristics is based on assessment of low -flow yields
(expressed as flow per square mile drainage area, or cfsm) at nearby locations where
such statistics have previously been determined. The low -flow characteristics that
have been provided have been computed by correlating the runoff characteristics of a
nearby stream in vicinity of the request site.
Therefore, based upon the preliminary investigation, it appears there are no flow or
water quality restrictions on Forsyth Creek that would immediately prohibit discharge of
domestic wastewater with a standard level of treatment to surface waters.
Brooks Engineering Associates, P.A.
BEA Project No. 326409
Engineering Alternatives Analysis
Miller Apartment Complex
4

3.0 Technical Evaluation of Alternatives
3.1 Connection to Existing Waste Treatment Plant
Figure 3 shows a map of the closest existing Wastewater Treatment Facility which is
the Marion Catawba River facility (NPDES Permit No. NC0071200). The facility is
currently being assumed by the City of Marion. The closest connection point is a
pump station located off of Seagle Road. The route to the pump station has
approximately 68 ft of elevation gain from average elevation of the subject site. The
nearest connection location to the pump station is calculated to be 0.87 mile from the
subject property. BEA estimates one pump station and force main construction for the
entire 0.87 miles along U.S. Hwy 70 E, secondary roads, and private property would
be required to connect to this system. This facility is permitted for 0.25 MGD and the
City of Marion has stated that allocation for discharge to this plant is obtainable. The
allocation fees for City of Marion are included in the economic evaluation.
The next closest wastewater treatment facility is the Corpening Creek WWTP
(NC0020214). The facility is located approximately 6.3 miles south of the subject site.
Pump stations and force mains would also be required if the sewer line were to follow
federal and state roadways to the facility. The Corpening Creek facility would be
extremely difficult to route a sewer connection line and is much further away than the
Catawba River facility. This facility is not considered further in this evaluation.
While the connection to the Catawba River WWTP collection system is possible and
permittable, the distance and route required to the facility is significant and must be
evaluated for the economic feasibility. This option will be analyzed in Section 4.1.
3.2 Individual or Group Septic Systems
The McDowell Count Department of Environmental Health performed a Soils
Y p
Evaluation for the site. Upon investigating the 1.34 acre site, sufficient drainfield area
for the existing building was not found. The soils were deemed "unsuitable" and the
application was denied. A copy of the McDowell County report is provided as
Brooks Engineering Associates, P.A. Engineering Alternatives Analysis
BEA Project No. 326409 Miller Apartment Complex
5

Attachment B. Brooks Engineering Associates conducted a soils investigation to find
areas suitable for subsurface disposal or surface irrigation. The entire site was
determined to be unsuitable due to setback conditions and inconsistent soil properties
_ on site. The Brooks Engineering Associates soils report letter summarizing the findings
is provided in Attachment C. The setbacks from surface water, property lines, and
right-of-ways and poor soil conditions render the subject site unsuitable for surface
irrigation.
For a community system, the-r gpdxsyste wwould r qu�r� 'IT3 _aer_e8Lfor pnmary=-u-
and repair conventional drainfield area and 9 acre for a community subsurface drip
system. These calculated areas are based upon assumed average soil loading rates
and do not include any required acreage for setbacks and any pretreatment system
placement land requirements, just disposal area. Calculations are provided in
Attachment D. It is estimated a 0.59 acre area would be necessary to site the drip
system with the governing setbacks and allow for conveyance piping. This amount of
acreage is not available at the site.
Individual and/or community septic systems (including subsurface drip) are determined
to not be feasible at the subject site for the following reasons.
o The project soil scientist report has not identified any area suitable according to
the NCAC 18A .1900 rules due to the nature of the existing soil material.
o The site plan depicts no area available for on -site disposal. There is
insufficient acreage available.
As neither the County nor BEA found any available space on the proposed site with
suitable or provisionally suitable soil conditions, all of the 0.59 acre needed for a
community septic (or subsurface drip) system would have to be acquired from adjacent
property owners. This option is evaluated in subsequent sections.
3.3 Land Application & Reuse
A full investigation of the feasibility of a land application system typically encompasses
the following evaluations:
1. Soils Evaluation (to determine saturated hydraulic conductivity rates);
2. Agronomist Evaluation (to determine nutrient balance);
Brooks Engineering Associates, P.A.
BEA Project No. 326409
0
Engineering Alternatives Analysis
Miller Apartment Complex

3. Hydrogeologic Evaluation (to determine water table and lateral flow); and
4. Water Balance Evaluation (to determine storage requirements).
The irrigation rate is derived from soil saturated hydraulic conductivity measurements
and a water balance based upon regional rain and evapotranspiration and storage
provided. Based upon other regional projects, an irrigation rate of 1 inch per week
(in/wk) is an assumed reasonable irrigation rate that will not necessitate restrictions
based upon hydrologic or nutrient loading. A surface drip system would require 0.50
acre of disposal area (excluding setbacks and piping) with the same 1.0 in/wk loading
rate. Calculations are provided in Attachment D. To obtain the required setbacks for
--; surface irrigation systems, a reuse quality effluent would have to be provided (NCAC
a 18A 2T .0900 regulations) as the wastewater irrigation rule setbacks (NCAC 18A 2T
.0500 regulations) can not be met with the existing site conditions to maintain required
distances from habitable structures, property lines and surface waters. If reuse quality
effluent can be provided, the only applicable setback would be 25 feet from the surface
waters. From a practical standpoint, BEA estimates that at a minimum 0.50 acres
would be required off site to get the disposal system installed with the 1.0 in/wk loading
rate.
A wastewater reuse irrigation system is determined to not be feasible at the subject
site for the following reasons.
o The project soil scientist report has not identified any area suitable for land
application due to the nature of the fill material.
o The existing site conditions and improvements allow no available property for
on -site disposal.
o Under the NCAC 18A 2T .0900 regulations a wet weather storage pond,
typically sized for 30 days of wet weather storage (57,600 gallons) must be
sited and an additional pond sized for five days of storage (9600 gallons) would
have to be provided to accommodate "upset" conditions. An additional 0.05
acre would be required for constructing these ponds.
Again, the basic land requirements result in this disposal option as being unfeasible for
the present conditions. At a minimum, an additional 0.55 acre would have to be
purchased for the disposal area and for the necessary storage ponds under the 15A
NCAC 18A 2T .0900 requirements.
Brooks Engineering Associates, P.A.
BEA Project No. 326409
Engineering Alternatives Analysis
Miller Apartment Complex
7

Additional Land Purchase
The economic feasibility of purchasing additional land purchase option is evaluated in
Section 4.0. From a practical feasibility standpoint, the following purchase options
have been evaluated and pursued. Adjacent property owner on the southwest is
Northstar Properties Limited (2.2 acres, Deed Book 485, page 708) and to the
northeast is Todd J. & Lisa M. Schweiger (0.79 acre, Deed Book 829, page 575). The
southwestern adjacent property is a commercial warehouse facility that consumes
most of the property. The northeastern adjacent property consists of a residential
home. The adjoining property owners are shown on the attached "Site Layout" map
(Figure 1).
None of the adjacent parcels are for sale and given the use none are likely to be for
sale. Neighboring land owners were not contacted for possible land acquisition by Mr.
Larry Miller. However, a PVCA is provided in Section 4.0 assuming land was
available.
3.4 r►;e_:!7a a Sate aYers
[tA1. �""'T-
As discussed in Section 2, discharge to surface waters is found to be a technically
viable option as the initial evaluation has revealed the following conditions.
♦ Forsyth Creek has no zero -flow restrictions per 15A NCAC 2B.0206 (d)(2).
♦ Forsyth Creek has a Class C stream classification.
♦ Forsyth Creek is not designated as impaired stream and has no
designated TMDLs.
♦ This section of Forsyth Creek has no presence of endangered species.
3.5 Combination of Alternatives
Neither the subsurface disposal or land application alternatives are viable for the
development due to unsuitable soil conditions. A combination of discharge and land
application or subsurface disposal could be effective if there were a neighboring
property for sale with suitable soil conditions, but this is not the case.
Engineering Alternatives Analysis
Miller Apartment Complex
Brooks Engineering Associates, P.A.
BEA Project No. 326409
E;

Therefore, the only feasible options for the development are to connect to the nearest
public collection system (with a connection point 0.87 miles from the subject site),
acquire neighboring property, and a surface discharge permit. Each of these options
are evaluated in Section 4.
Brooks Engineering Associates, P.A. Engineering Alternatives Analysis
BEA Project No. 326409 Miller Apartment Complex

4.0 Economic Evaluation of Alternatives
The Present Value of Costs Analysis (PVCA) for each disposal option is provided as
Attachment E. The economic evaluation of alternatives is for each of the wastewater
treatment options based upon the best available information. As the apartment
complex is existing, no development costs are provided. Essentially the wastewater
system would have to be financed by rent profits. Should the wastewater system
upgrade not be within a reasonable cost, the apartment complex would be abandoned,
resulting in loss of lower income housing for the community. The cost for construction
and operation is calculated for the project under the following scenarios:
1) extending sewer service to the nearest existing collection system (Marion Catawba
River facility);
2) a community subsurface drip system requiring additional land purchase;
3) a community wastewater irrigation system (surface drip) requiring additional land
purchase; and
4) an on -site recirculating sand filter system with a surface discharge permit.
Only Options 1 and 4 were determined to be feasible in Section 3.0 primarily due to
site limitations and soil constraints, so Options 2 and 3 are analyzed under the
incorrect assumption that the purchase of adjacent property is possible. Options 1 and
4 are analyzed without an additional land purchase as none is required. The
Engineers Opinion of Cost (EOC) for the development infrastructure is provided as
Attachment F. The infrastructure costs in the Engineer's Opinion of Cost are based
upon professional experience and data collected on previous regional projects. As all
of the infrastructure cost would be incurred in the initial year of the development, they
are all considered initial costs and therefore have no time value discounting and are
not included in the PVCA analysis.
The owner rents all 8 units in the apartment complex. The rental price for each unit is
$500 resulting in a gross annual income of $48,000. After all financing and expenses,
the owner profits approximately $12,000 annually. The upgrades to the WWTP must
be able to be financed with the annual profits of the apartment complex, or else the
Brooks Engineering Associates, P.A.
BEA Project No. 326409
Engineering Alternatives Analysis
Miller Apartment Complex
iU1

apartments will be abandoned, resulting in the loss of much needed affordable housing
for the area.
4.1 Connection to Existing Wastewater Treatment Plant
The nearest sewer connection is the Marion Catawba River facility (NC0087602)
currently operated by the City of Marion .The nearest connection point to this facility is
a pump station located off Seagle Road measured to be 0.87 of a mile from the subject
site.
The cost for the internal development sewer collection for the apartment complex is
not included in the PVCA for each disposal option, but it is included in the general
infrastructure costs for the development as the collection system would have to be
implemented with any of the wastewater options.
The references utilized for the cost basis are as follows:
♦ The price for sewer force main line is based upon professional experience
and data collected on previous regional projects. This data shows the
average cost for 8-inch sewer line installation is $38/foot installed. This
price includes materials and labor. It is assumed this would require one
pump station (as a result of the headloss in the 0.9 miles of piping) and
several road bores to cross the road. This price does not include any road
re -surfacing as it is assumed the line could be installed off of the edge of
pavement the entire length. This may or may not be true. Any road
repairs would add significant cost. The price per foot could increase to
over $100 per foot should road re -surfacing be required.
♦ The price for pump stations is based upon professional experience where
BEA has engineered similar pump stations to NC state standards. The
$150,000 price includes a diesel backup power generator.
♦ The costs of the impact fees were from City of Marion Public Works.
As the operation and maintenance of the WWTF, pump stations, and force main would
be performed by the City of Marion and are of no expense to Larry Miller, these costs
are not included in the PVCA. Sewage rates would be paid by tenants. However, the
Brooks Engineering Associates, P.A.
BEA Project No. 326409
Engineering Alternatives Analysis
Miller Apartment Complex
11

cost of the force main and pump station installation would be assumed by Larry Miller.
The route for the sewer extension analyzed is that shown on Figure 3 with
approximately 0.87 miles (4,594 ft).
The results of the PVCA show that the project can not possibly support the 0.9 mile
sewer extension is required, which would render it not an economically viable option.
This lengthy sewer extension would put undo hardship on the applicant and render his
land investment worthless. The PVCA for this option is provided in Attachment E.
4.2 Individual or Group Septic Systems
Individual and community septic systems are discussed in Section 3.2. Individual
septic systems are determined to be not a technically feasible option. A community
septic system is an option only with the purchase of additional neighboring property.
While no neighboring properties are available, this option is evaluated for economic
feasibility. The purchase price of $107,610 is determined from latest tax appraisal
data. It is determined in Section 3.2 that a minimum of 0.59 acres of land is required
for disposal plus additional acreage for set -backs and constructability. Assuming
property could be purchased, the northeastern adjoining lot (0.79 acres) would provide
the 0.59 acre.
The cost references utilized for the PVCA are as follows:
♦ The price for the wastewater treatment system is based upon vendor
pricing for a recirculating media system capable of delivering tertiary
treated effluent and includes materials, installation labor, and engineering.
♦ The price for the land application drip system is based upon vendor pricing
and includes materials, labor and engineering.
♦ Operation and maintenance costs are based upon professional
experience, except for electrical costs which are based upon state
requirements and vendor recommendations.
The results of the PVCA analysis demonstrate the project can not support this option,
even if any of the identified adjacent parcels are for sale. This renders this option
neither technically nor financially feasible.
Brooks Engineering Associates, P.A.
BEA Project No. 326409
Engineering Alternatives Analysis
Miller Apartment Complex
12

4.3 Reuse Land Application
Individual and group land application systems are determined to not be technically
feasible without additional land purchase. Section 3.3 identifies an additional minimum
of 0.50 acre would be required for disposal and setbacks. Assuming property could be
purchased, a portion of the adjoining northeastern lot would need to be purchased.
The on -site collection and pump system are again the same for any of the treatment
options and this cost is not included in the PVCA, but is considered in the return on
investment analysis. The general infrastructure costs for the collection system in the
development would have to be implemented with any of the wastewater options, with
the exception of individual septic systems, and the cost is the same with each option,
except where otherwise noted.
Treatment of the effluent is to be performed by a recirculating media system capable of
delivering tertiary treatment standards. The effluent is then distributed to a drip
irrigation system located on the northeastern adjoining lot. The drip system will have
to be dosed by an additional pump station and have a disc filtration and monitoring
system.
The cost references utilized for the PVCA are as follows:
♦ The price for the extended a small aerobic packed media filtration system
is based upon vendor pricing and includes materials, installation labor,
and engineering.
♦ The price for the land application drip system is based upon vendor pricing
and includes materials, labor and engineering.
♦ Operation and maintenance costs are based upon professional
experience, except for electrical costs which are based upon state
requirements and vendor recommendations.
The results show the project can not support this option. Also, as no additional
neighboring acreage is available, this disposal option is rendered not technically
feasible nor financially feasible.
Brooks Engineering Associates, P.A.
BEA Project No. 326409
Engineering Alternatives Analysis
Miller Apartment Complex
13

4.4 0 ft9es7ctaarrge.to SueicolWatb-rs_
This alternative is identified as technically viable and is analyzed for economic
feasibility. The Present Value of Costs Analysis is provided as Attachment E.
The proposed treatment technology is a recirculating media filtration unit. The
proposed plant is an E=Z TreatTM system in which septic tank effluent is dosed
approximately 36 times a day over a high surface area synthetic media for aerobic
biodegradation. The technology is capable of attaining tertiary treatment limits. The
system has a dual treatment train to allow for duplicity in the system and provide
backup treatment in an emergency situation. The system will be equipped with tablet
disinfection. A brochure for this technology is provided as Attachment G.
The references utilized for the PVCA are as follows:
The price for the EZ-Treat system is based upon vendor pricing and
includes, materials, labor, engineering, and backup power.
4 Operation and maintenance costs are based upon professional
experience, except for electrical costs which are based upon vendor
recommendations. (Electrical costs for the E-Z Treat system are less than
that of an extended air system as there are no blowers).
The results of the PVCA demonstrate this disposal option to be economically viable
with a 42% Return on Investment.
4.5 Combinations of Alternatives
As all soil disposal options require the purchase of additional land, which is not
available, no combinations of alternatives are deemed technically or economically
feasible.
Brooks Engineering Associates, P.A.
BEA Project No. 326409
Engineering Alternatives Analysis
Miller Apartment Complex
14

5.0 FIGURES
1 — Development Site Plan
2 — General Site Location Map and
Discharge Location Map
3 — Neighboring Discharge Facility Locations

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Data use subject to license. oo
4 2004 DeLorme. Topo USA@ 5.0.
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SITE LOCATION MAP
FIGURE 2

5.3 NEIGHBORING DISCHARGE FACILITY LOCATIONS

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@ 2004 Del-orme. Topo UUSAF5.0.
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Note: Extracted from Delorme TopoUSA digital geographic data.
EXISTING TREATMENT PLANT MAP
FIGURE 3

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6.0 ATTACHMENTS
Attachment A - Local Government Review Form
Attachment B — Denial Letter from J 004 -0 ty
Environmental Health Department
Attachment C — BEA Soil Scientist Report
Attachment D — Drainfield and Irrigation Required
Acreage Calculations
Attachment E — Present Value Cost Analysis
Attachment F — Engineer's Opinion of Cost for Infrastructure
Attachment G — Proposed Treatment Technology Brochure

ATTACHMENT A
LOCAL GOVERNMENT REVIEW FORM

Attachment A. Focal Government Review Form
General Statute Overview: North Carolina General Statute 143-215.1 (c)(6) allows input from local governments in the issuance
of NPDES Permits for non -municipal domestic wastewater treatment facilities. Specifically, the Environmental Management
Commission (EMC) may not act on an application for a new non -municipal domestic wastewater discharge facility until it has
received a written statement from each city and county government having jurisdiction over any part of the lands on which the
proposed facility and its appurtenances are to be located. The written statement shall document whether the city or county has a
zoning or subdivision ordinance in effect and (if such an ordinance is in effect) whether the proposed facility is consistent with the
ordinance. The EMC shall not approve a permit application for any facility which a city or county has determined to be
inconsistent with zoning or subdivision ordinances unless the approval of such application is determined to have statewide
significance and is in the best interest of the State.
Instructions to the Applicant: Prior to submitting an application for a NPDES Permit for a proposed facility, the applicant
shall request that both the nearby city and county government complete this form. The applicant must:
■ Submit a copy of the perit application (with a written request for this form to be completed) to the clerk of the city and
the county by certified mail, return receipt requested.
• If either (or both) local government(s) fail(s) to mail the completed form, as evidenced by the postmark on the certified
mail card(s), within 15 days after receiving and signing for the certified mail, the applicant may submit the application to
the NPDES Unit.
• As evidence to the Commission that the local goverment(s) failed to respond within 15 days, the applicant shall submit a
copy of the certified mail card along with a notarized letter stating that the local government(s) failed to respond within the
15-day period.
Instructions to the Local Government: The nearby city and/or county government which may have or has jurisdiction over
any part of the land on which the proposed facility or its appurtenances are to be located is required to complete and return this
form to the applicant within 15 days of receipt. The form must be signed and notarized.
Name of local goverment r,
r (City/County)
Does the city/county h- jurisdiction over any part of the land on which the proposed facility and its appurtenances are to be
located? Yes [ ] No r�`j If no, please sign this form, have it notarized, and return it to the applicant.
Does the city/county have in effect a zoning or subdivision ordinance? Yes [ ] No [ ]
If there is a zoning or subdivision ordinance in effect, is the plan for the proposed facility consistent with the ordinance? Yes [ ]
No [ ]
Date `—1 Signature �1 Ll
( ity Manager/C anager)
State of N O RN CJQ 9D L) ),) ri , County of m 0 W F L L
On this o�-rF1 day of 6 Ep rim Gel? , personally appeared before me, the said
name 1RnS 127- �sOU�1 to me known and known to me to be the person described in
and who executed the foregoing document and he (or she) acknowledged that he (or she) executed the same and being duly sworn
by me, made oath that the statements in the foregoing document are true.
My Commission expires uric _2,W, R.0 13 .(Signature of Notary Public Pu" lrJ,
Notary Public (Official Seal)
DEBRA W $HEREIN
'Notary Public
Mc Down County
Rath Catoff"
w:0=:-
EAA Guidance Document Version: June 23, 2005

.l
The Local Government Review Form sent to the county has not been received as of
September 30, 2009. A copy of the Domestic Return Receipt has been attached below.
■ Complete items 1, 2, and 3. Also complete
item 4 if Restricted Delivery is desired.
■ Print your name and address on the reverse
so that we can return the card to you.
w Attach this card to the back of the mailpiece,
or on the front if space permits.
A. Sign
/ X (! .I f� % Q Agent
/i/ / Addressee
B. Received by (Pr' ted Name C. f !very
1 P-cc�
D. s delivery address differentfrom item 1? Yes
1. Article Addressed to: If YES, enter delivery address below: ❑ No
3. Service Type
❑ Certified Mail ❑ Express Mail
Pic-) ` ❑ Registered ❑ Return Receipt for Merchandise
,❑ Insured Mail ❑ C.O.D.
4. Restricted Delivery? (Extra Fee) ❑ Yes
2. Article Number
(Transfer from service label 7009 1680 0 001 6087. 9925
PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540

ATTACHMENT B
DENIAL LETTER FROM J ,1 , 2INEW IN Way,"
ENVIRONMENTAL HEALTH DEPARTMENT

There have been several attempts to contact the ac' Coy ty TI�ealth Department
regarding the denial of conventional sub -surface disc arge systems. The Health
Department will not return any calls or provide correspondence regarding this project.
The Local Government Review Form was sent certified mail with a domestic return
receipt with a dated delivery of September 9, 2009. As of September 30, 2009 that form
has not been received by Brooks Engineering Associates, P.A. A copy of this receipt has
been provided in previous section of this submittal.

ATTACHMENT C
BEA SOIL SCIENTIST REPORT

Fi
Land Planning Civil Engineering Surveying Environmental Services Soil Science Services
April 22, 2009
Larry Miller
G.E.M. Constructors, Inc.
2024 Nix Creek Road, Suite A
Marion, North Carolina 28752
Attention: Mr. Miller
Regarding: Report of Findings Soils Evaluation
2041 U.S. Highway 70
McDowell County, NC
Dear Mr. Miller,
Walker B. Ferguson of Brooks Engineering Associates (BEA) conducted a soils investigation on
a 1.34 acre tract located at 2041 Highway 70 McDowell County, North Carolina. This
investigation was conducted at the request of Mr. Miller. The purpose of the soil study was to
determine if any land based wastewater options were available for an eight two-bedr000m unit
apartment complex. The apartment complex is currently being served by a sand filter and surface
water discharge system which is in failure.
Fieldwork was conducted using the following tools and methods. A 3-inch hand auger, a knife,
and a sharpshooter shovel were used to examine the soil. A Suunto clinometer was used to
measure soil slope.
Recommendations are based on, but not limited to, observations made and data collected on
topography, landscape position, parent material, underlying geology, and soil characteristics.
Soil characteristics include, but are not limited to, depth to a seasonal high water table (SHWT),
depth to a restrictive horizon, total soil depth, soil horizonation, soil structure, soil color, clay
mineralogy, bulk density, consistence, plasticity, stone content, and percent sand, silt, clay, and
mica. They follow the guidelines set forth in the North Carolina Laws and Rules for Sewage
Treatment and Disposal Systems, laws amended effective December 19, 2001, and rules
amended effective June 1, 2006. Grading which occurs subsequent to this fieldwork renders the
soil investigation in the graded area null and void.
17 Arlington St. Asheville, SIC 28801 www.brooksea.coin ph. 828.232 d700 Ix. 828.232.1331

RESULTS AND DISCUSSION
• BEA found Mr. Millers tract to be unsuitable for any surface or subsurface wastewater
disposal system. The site is unsuitable for a subsurface wastewater system due to a
shallow Seasonal High Water Table (SHWT) and insufficient area to support the 1920
gal/per/day (gpd) design flow. This tract does not meet setback requirements for surface
drip irrigation to be considered.
•
Thank you for the opportunity of presenting this information to you. If we can be of further
assistance, please feel flee to call.
Sincerely,
Walker B. Ferguson
Licensed Soil Scientist
2

References:
North Carolina Department of Environment, Health, and Natural Resources, Division of
Environmental Health, On -Site Wastewater Section. 1998. Laws and Rules for Sewage
Treatment and Disposal Systems, section .1956(6). P.O. Box 27687, Raleigh, NC, 276l l-
7687.
2. North Carolina Department of Enviromnent, Health, and Natural Resources, Division of
Environmental Health, On -Site Wastewater Section. 1996. Procedures and Information
Required for Approval of Large Subsurface Wastewater Systems. P.O. Box 27687, Raleigh,
NC, 27611-7687.
3. North Carolina Department of Environment, Health, and Natural Resources, Division of
Enviroivnental Management. 1996. Administrative Code Section: 15A NCAC 2H. 0200 —
Waste Not Discharged to Surface Waters. Environmental Management Commission,
Raleigh, NC
3

ATTACHMENT D
DRAINFIELD & IRRIGATION FIELD REQUIRED
ACREAGE CALCULATIONS

Brooks Engineering Associates
www.brooksea.com 17 Arlington St. Asheville, NC 28801 ph.828.232.4700 fx.828.232.1331
Land Planning Civil Engineering Surveying Environmental Services
Project Name O.S. RW ')o E ApAm ns i CRwaQc *
By P55
Subject �-A04C� CA"O)-A-rto�5
Project Number 32.64109
Date -soa l 2�'39 Sheet_ I of
�. C•oNI)FrO I, --JAL- 'SEPTIC- SYSTEM 1�Qt3.a2 N+E.sj :
A-5-somE 0.7, &Pb/SF �,OA®tf , P-ATt-
1.1W-0 CPO ®..2....... CPo/:sp = gf bc)® sIr-
X 3... :F®P- -t- ,Fc�c14. S6 - = `1 �� J g 00 5FJ� r
XI^ a� � EPA I !Z A XF—A /.. V GC 1 e5 { 1 s 3 L�% am.
U:. . S u1)5I39-FAc_E.. Dtti P_... :S,?sTE. 1 :.
A,�5tsomf . ®d is &Po/5F 1-.nADt,-"G -rF.
1;92.® GPD —':-
C 5 b?O/sF =
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REPA 12 =
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®® 5�.�cR>
o. 5 o AcrLc=

ATTACHMENT E
PRESENT VALUE COST ANALYSIS

I Connection to Existing Sewer System Option - Marion Catawba River WWTF
Item Units No. Units Cost/Unit
Construction
Installation of Gravity Sewer Line - Offsite
feet
0
$151.5
$0
Installation of Force main Line
feet
4593
$38
$174,534
Installation of Pump Stations
each
1
$150,000
$150,000
Underground Road boring
per crossing
2
$6,000
$12,000
subtotal
$336,534
Easements & Legal fees
Marion Tap Fee ($2,520/unit)
per
8
$2,520
$20,160
Engineering & Carry Costs
Engineering, Surveying & Permitting Fees
$45,000
Operation & Maintenance (Pump Stations)
Contract O&M (included above)
$0.00
Electricity & Parts (included above)
$0.00
PRESENT VALUE ANALYSIS FOR SEWER EXTENSION SCENARIO
Present Value (PV) = Co + - Ct/(1+r)t
where: Co = Initial Costs in present year
Ct= costs incurred in time t
t = time period after present year
n = ending year of facility life
r = current EPA discount rate
Year Expenditure
0 Original Land Acquisition & Development Costs
1 Cost of Sewer Extension
2 Finance Charges (Annualized)
3 Finance Charges (Annualized)
4 Finance Charges (Annualized)
5 Finance Charges (Annualized)
6 Finance Charges (Annualized)
7 Finance Charges (Annualized)
8 Finance Charges (Annualized)
9 Finance Charges (Annualized)
10 Finance Charges (Annualized)
1 Finance Charges (Annualized)
11 Finance Charges (Annualized)
12 Finance Charges (Annualized)
13 Finance Charges (Annualized)
14 Finance Charges (Annualized)
15 Finance Charges (Annualized)
16 Finance Charges (Annualized)
17 Finance Charges (Annualized)
18 Finance Charges (Annualized)
19 Finance Charges (Annualized)
20 Finance Charges (Annualized)
Return on Investment Analysis
20 year Cost PV
20 Year Income PV
Return on Investment
4.875%
Incremental
Total
Incremental
Total
Cash
Cost PV
Cost PV
Income PV
Income PV
$0
$0
$0
$12,000
$401,694
$383,022
$383,022
$11,442
$11,442
$22,897
$20,917
$403,839
$10,403
$21,845
$21,691
$18,805
$422,644
$9,019
$30,864
$20,486
$16,935
$439,579
$7,455
$38,319
$19,281
$15,198
$454,776
$5,876
$44,196
$18,076
$13,586
$468,362
$4,416
$48,612
$16,871
$12,090
$480,452
$3,165
$51,777
$15,666
$10,705
$491,157
$2,163
$53,940
$14,461
$9,422
$500,579
$1,409
$55,349
$13,256
$8,235
$508,815
$875
$56,224
$12,051
$11,491
$520,306
$835
$57,059
$22,897
$13,564
$533,869
$494
$57,553
$10,846
$6,126
$539,996
$279
$57,833
$9,641
$5,192
$545,188
$150
$57,983
$8,436
$4,332
$549,520
$77
$58,060
$7,230
$3,541
$553,061
$38
$58,098
$6,025
$2,813
$555,874
$18
$58,116
$4,820
$2,146
$558,020
$8
$58,124
$3,615
$1,535
$559,555
$3
$58,127
$2,410
$976
$560,531
$1
$58,129
$1,205
$465
$560,996
$1
$58,129
Present Value $560,996 $58,129
$560,995.92
$58,129.06
-865.09%
IBrooks Engineering Associates, P.A. p. 1 of 4

II Community Subsurface Drip System
Item
Units
No. Units
Costfunit
Cost
Land Acquisition
Initial Purchase (NE Adjoining 0.79 Acre Parcel)
Lot
1
$107,610
$107,610
Subtotal
$107,610
Construction
1920 gpd WWTP
per
1920
$12
$23,040
Irrigation Controls & Pumping system
per
1,920
$8
$15,360
Transfer piping to irrigation fields
ft.
1,750
$12
$21,000
Irrigation line and heads
lin. ft.
16,875
$2.50
$42,188
Subtotal
$101,588
Annual Operation & Maintenance
Recommended operator checks
per visit
4
$150
$600
Laboratory
per visit
4
$200
$800
Pump outs
per visit
1
$500
$500
Electrical
per month
12
$150
$1,800
Subtotal
$3,700
5 Year Capital Improvements
Pump & line repairs
Estimate
1
$2,500
$2,500
Salvage Value (20% of original cost)
$20,318
PRESENT VALUE ANALYSIS FOR LAND APPLICATION SCENARIO
Present Value (PV) = Co + En Cr1(1+r)`
where: Co = Initial Costs in present year
Ct = costs incurred in time t
t = time period after present year
n = ending year of facility life
r = current EPA discount rate
Year Expenditure
0 Original Land Acquisition & Development Costs
1 System Construction
2 O&M
3 O&M
4 0&M
5 0&M
6 O&M & Capital Improvements
7 O&M
8 0&M
9 0&M
10 O&M
11 O&M & Capital Improvements
12 O&M
13 O&M
14 O&M
15 O&M
16 O&M & Capital Improvements
17 O&M
18 O&M
19 O&M
20 O&M - Salvage Value
Return on Investment Analysis
20 year Cost PV
20 Year Income PV
Return on Investment
4.875%
Incremental
Cash
Cost PV
$107,610
$107,610
$101,588
$96,865
$3,700
$3,364
$3,700
$3,208
$3,700
$3,059
$3,700
$2,916
$6,200
$4,660
$3,700
$2,652
$3,700
$2,528
$3,700
$2,411
$3,700
$2,299
$6,200
$3,673
$3,700
$2,090
$3,700
$1,993
$3,700
$1,900
$3,700
$1,812
$6,200
$2,895
$3,700
$1,647
$3,700
$1,571
$3,700
$1,498
-$16,618-$6,414
Present Value Cost $244,235
Incremental
Income PV
$12,000
$11,442
$10,910
$10,403
$9,920
$9,458
$9,019
$8,600
$8,200
$7,819
$7,455
$7,109
$6,778
$6,463
$6,163
$5,876
$5,603
$5,343
$5,094
$4,858
$4,632
$163,144
$244,235.28
$163,144.32
-49.71 %
IBrooks Engineering Associates, P.A. p. 2 of 4

III Reuse Land Application
Item Units No. Units CostfUnit Cost
Land Acquisition
Initial Purchase (NE Adjoining 0.79 Acre Parcel) Lot
$107,610 $107,610
Subtotal $107,610
Construction
1920 gpd WWTP
per
1920
$12
$23,040
5-day lined upset pond
gal
9600
$0.25
$2,400
30-day Wet weather storage pond
gal
57600
$0.25
$14,400
Irrigation Controls & Pumping system
per
1,920
$8
$15,360
Transfer piping to irrigation fields
ft.
1,750
$12
$21,000
Irrigation line and heads
lin. ft.
16,875
$2.50
$42,188
Subtotal
5118,388
Annual Operation & Maintenance
Recommended operator checks
per visit
12
$35
$420
Laboratory
per visit
12
$200
$2,400
Pump outs
per visit
1
$500
$500
Electrical
per month
12
$150
$1,800
Subtotal
$5,120
5 Year Capital Improvements
Pump & line repairs Estimate
1
$2,500 $2,500
Salvage Value (20% of original cost)
$23,678
PRESENT VALUE ANALYSIS FOR LAND APPLICATION SCENARIO
Present Value (PV) = Co + Y-n Ctl(1+r)t
where: Co = Initial Costs in present year
Cr= costs incurred in time t
t = time period after present year
n = ending year of facility life
r = current EPA discount rate
4.875%
Incremental
Incremental
Year Expenditure
Cash
Cost PV
Income PV
0 Original Land Acquisition & Development Costs
$107,610
$107,610
$12,000
1 System Construction
$118,388
$112,884
$11,442
2 O&M
$5,120
$4,655
$10,910
3 O&M
$5,120
$4,439
$10,403
4 O&M
$5,120
$4,232
$9,920
5 O&M
$5,120
$4,036
$9,458
6 O&M & Capital Improvements
$7,620
$5,727
$9,019
7 O&M
$5,120
$3,669
$8,600
8 O&M
$5,120
$3,499
$8,200
9 O&M
$5,120
$3,336
$7,819
10 O&M
$5,120
$3,181
$7,455
11 O&M & Capital Improvements
$7,620
$4,514
$7,109
12 O&M
$5,120
$2,892
$6,778
13 O&M
$5,120
$2,758
$6,463
14 O&M
$5,120
$2,629
$6,163
15 O&M
$5,120
$2,507
$5,876
16 O&M & Capital Improvements
$7,620
$3,558
$5,603
17 O&M
$5,120
$2,280
$5,343
18 O&M
$5,120
$2,174
$5,094
19 0&M
$5,120
$2,073
$4,858
20 O&M- Salvage Value
-$18,558
-$7,163
$4,632
Present Value Cost
$275,489
$163,144
Return on Investment Analysis
20 year Cost PV
$275,488.89
20 Year Income PV
$163,144.32
Return on Investment
-68.86%
Brooks Engineering Associates, P.A. p. 3 of 4

IV Surface Discharge WWTP
Item
Units
No. Units
Cost/Unit
Cost
Land Acquisition
Initial Purchase
acres
0
$0
$0
Subtotal
$0
Construction
1920 gpd WWTP
per
1920
$18
$34,560
Subtotal
$34,560
Annual Operation & Maintenance
Recommended operator checks
per visit
12
$35
$420
Laboratory
per visit
12
$200
$2,400
Pump outs
per visit
1
$500
$500
Electrical
per month
12
$150
$1,800
Subtotal
$5,120
5 Year Capital Improvements
Pump & line repairs
Estimate
1
$2,500
$2,500
Salvage Value (20% of original cost)
$6,912
PRESENT VALUE ANALYSIS FOR LAND APPLICATION SCENARIO
Present Value (PV) = Co + Y-n C,/(1+r)s
where: Cc = Initial Costs in present year
Ct = costs incurred in time t
t = time period after present year
n = ending year of facility life
r = current EPA discount rate
4.875%
Incremental
Incremental
Year Expenditure
Cash
Cost PV
Income PV
0 Original Land Acquisition & Development Costs
$0
$0
$12,000
1 System Construction
$34,560
$32,954
$11,442
2 O&M
$5,120
$4,655
$10,910
3 O&M
$5,120
$4,439
$10,403
4 O&M
$5,120
$4,232
$9,920
5 O&M
$5,120
$4,036
$9,458
6 O&M & Capital Improvements
$7,620
$5,727
$9,019
7 O&M
$5,120
$3,669
$8,600
8 O&M
$5,120
$3,499
$8,200
9 O&M
$5,120
$3,336
$7,819
10 O&M
$5,120
$3,181
$7,455
11 0&M & Capital Improvements
$7,620
$4,514
$7,109
12 O&M
$5,120
$2,892
$6,778
13 O&M
$5,120
$2,758
$6,463
14 0&M
$5,120
$2,629
$6,163
15 O&M
$5,120
$2,507
$5,876
16 O&M & Capital Improvements
$7,620
$3,558
$5,603
17 O&M
$5,120
$2,280
$5,343
18 0&M
$5,120
$2,174
$5,094
19 O&M
$5,120
$2,073
$4,858
20 O&M - Salvage Value
-$1,792
-$692
$4,632
Present Value Cost
$94,419
$163,144
Return on Investment Analysis
20 year Cost PV
$94,419.10
20 Year Income PV
$163,144.32
Return on Investment
42.13%
Brooks Engineering Associates, P.A. p. 4 of 4

ATTACHMENT F
ENGINEER'S OPINION OF COST
FOR INFRASTRUCTURE

Engineer's Opinion of Cost
BEA Project#
326409
---------------------------------
---------------------------------
Component
---------------------------------
---------------------------------
---------- ----
---------- ----
Unit
---------- ----
---------- ----
----------- - ---------------------------
----------- - ---------------------------
Unit Price
----------- - ---------------------------
----------- - ---------------------------
Cost
2000 Gallon Septic Tank
1 EA
$3,500.00
$3,500.00
3000 Gallon Pump Tank
1 EA
$4,500.00
$4,500.00
Pump System
1 EA
$2,800.00
$2,800.00
Sand Filter Enclosure
1 EA
$17,500.00
$17,500.00
Ratio Box
1 EA
$600.00
$600.00
Tablet Feeder
2 EA
$800.00
$1,600.00
Contact Chamber
1 EA
$1,000.00
$1,000.00
Cascade Aerator
1 EA
$1,500.00
$1,500.00
4" PVC Pipe
150 LF
$10.40
$1,560.00
Total Cost:
$34,560.00

ATTACHMENT G
PROPOSED TREATMENT TECHNOLOGY BROCHURE

� � rVETNEffixN4 I � , I TA YZAM'I
BID-DYNRMIC'
FOR MODEL LF 1000, MODEL LF 2000, MODEL LF 3000(���'��;}
INSTALLATION AND OPERATION MANUAL
INTRODUCTION
Bio-Dynamic LF Series tablet feeders are complete dry
chemical dosing systems for water, wastewater, stormwater
and process water treatment. They are designed to provide
automatic control over the chemical application rate and
maximize installation flexibility. The LF Series tabletfeeders
consists of five separate models to accommodate flows
ranging from less than 100 GPD through 400,000 GPD and
chemical dosage ranging from
1 to 50 mg/L, depending upon
the general component
configuration, daily flow rate and
the type of chemical tablets
applied. All models of LF Series
tablet feeders are manufactured
from durable PVC and can be
solvent welded to Schedule 40
PVC piping. When properly
installed, Bio-Dynamic tablet
feeders will provide long term,
unattended operation and
precise chemical application
throughout their rated flow
ranges. Please familiarize
yourself with the contents of this
manual before proceeding with
installation and operation.
SYSTEM APPLICATION
Bio-Dynamic LF Series tablet
feeders are designed to feed
2 5/a" diameter chemical tablets
in gravity flow applications.
These tablet feeders are not to
be used for pressurized
applications and must have a
gravity outflow. Common
applications for the LF Series
tablet feeders are treating flows from septic tanks; aerobic
treatment units; sand filters; rock reed filters; curtain drains;
constructed wetlands; marine sanitation devices (MSD);
individual, community and municipal drinking water systems;
process water systems; reservoirs; water towers; cooling
towers and irrigation systems. All LF Series tablet feeders
can be installed in -line at or below grade.
HOW THE LF SERIES TABLET FEEDERS WORK
Bio-Dynamic LF Series tablet feeders are flow rated
proportional chemical dosing units. Flow to be treated enters
the tablet feeders through the integral inlet hub. The liquid
then proceeds to the flow deck where the chemical tablets
are contained in one to four chemical feed tubes. The number
of chemical feed tubes varies by model. The flow deck has
three different levels (tiers) which accommodate varying
hydraulic loads and properly
channel liquid to the chemical
tablets. Active chemicals are
released into the flow stream as
the liquid erodes the tablets.
When the incoming flow rate
increases, the liquid level in the
tablet feeder rises. The increase
in liquid level causes the flow to
contact more tablets, thereby
providing the additional chemical
release required for consistent
treatment. As the flow
decreases, it contacts fewer
tablets, reducing the chemical
dosage. After contact with the
chemical tablets, properly
treated liquid exits the tablet
feeder through the outlet hub.
SYSTEM PERFORMANCE
Bio-Dynamic LF Series tablet
feeders are listed as a chlorine
dispenserfor secondary effluent
from residential wastewater
treatment systems under NSF/
ANSI Standard 46. Certification
requires the use of Norweco
Blue Crystal or Bio-Sanitizer
disinfecting tablets and a
chlorine contact tank of at least 111/2 gallons. Contact tank
retention time must comply with the controlling regulatory
jurisdiction. USEPA guidelines state "On the average,
satisfactory disinfection of secondary wastewater effluent
can be obtained when the chlorine residual is 0.5 ppm after
15 minutes contact." Significantly greater contact time can
decrease disinfection efficiency and allow bacteria regrowth.

GENERAL INSTALLATION INSTRUCTIONS
Bio-Dynamic LF Series tablet feeders can be installed into
any gravity flow water supply or wastewater treatment
system. When used for potable water disinfection, the feeder
is typically installed at grade following final filtration and just
prior to a storage or detention tank. For wastewater
disinfection applications, the tablet feeder is installed
following clarification and prior to or in a chlorine contact
tank. Installation can be at grade or direct buried. For
dechlorination, feeders can be installed in or immediately
following the chlorine contact tank. When chlorinating and
dechlorinating effluent, two separate Bio-Dynamic tablet
feeders must be installed. Do not mix chlorination and
dechlorination tablets within the same tablet feeder.
FIGURE A
,I 'I
o
i� III i� III i, III
11 I1I III
m�Q4"i5
mmlsv MEMO
O O
LF 3000 TABLET FEEDER WITH MOUNTING
BRACKETS
CHAMBER MOUNTING BRACKETS
Integrally molded inlet and outlet hubs allow direct connection
of the tablet feeder to Schedule 40 PVC piping. Adaptor
couplings should be used, if necessary, to modify piping
diameters and insure a secure piping connection to the tablet
feeder. The effluent line must allow for a Ya" fall per linear
foot of run along the entire piping run. All tablet feeders
must be installed plumb and level to insure proper operation.
Place a bubble level on the feeder before final installation to
confirm the unit is plumb and level, side to side and end to
end. Always recheck level after installation.
INSTALLATION AT GRADE
LF Series tabletfeeders can be installed at grade, in -line or
mounted in the contact tank of a water or wastewater
treatment system. The installation should be accessible for
routine operator maintenance. To mount the unit, use 6/4'
diameter corrosion resistant bolts to secure the four
integrally molded mounting feet to the deck of the contact
tank, concrete pad or mounting brackets, as required. For
contact tank installations, use PVC or aluminum mounting
brackets to prevent corrosion (See Figure A).
DIRECT BURIAL INSTALLATION
All models of LF Series tablet feeders may be installed below
grade without a manhole or secondary enclosure. Prepare
an excavation to the proper depth (See Figure B), including
a sand or fine gravel leveling pad at least 4" thick. The
tablet feeder must be supported by this pad before inlet and
outlet piping is attached to the feeder. Excavated trenches
should be smooth and free of debris to prevent damage to
the pipe. Connecting lines should be laid continuously and
unspliced to undisturbed earth beyond the limits of the
excavation (See Figure C). Schedule 40 PVC, cast iron or
similar materials may be used, subject to the approval of
local codes. Solvent weld the inlet and outlet lines to the
inlet and outlet hubs using PVC primer and cement. A 4"
Schedule 40 PVC pipe with tamper -proof cap (not supplied)
will be used as a riser to grade. Connect the pipe to the
riser hub using PVC primer and cement. Do not cement the
cap. Check the system for plumb and level from side to
side, end to end and vertically along the riser pipe. Backfill
the excavation. Fine, loose fill should be used to backfill
the excavation and plumbing line trenches. Exercise care
when backfilling. Finished grade should be at least 3" below
the top of the riser pipe and should slope away for surface
drainage. Recheck that the feeder is plumb and level.
EXISTING SYSTEM RETROFIT
If the existing treatment system piping is in good condition,
the feeder can be fitted directly into the appropriate location.
When installing a tablet feeder into an existing disinfection
system, it is recommended that the chlorine contact tank
be pumped and thoroughly cleaned with a diluted bleach
solution priorto installation of the feeder. Failure to properly
clean the contact tank may result in inadequate disinfection
of the wastewater. It is also necessary to inspect all
upstream and downstream treatment components to confirm
that they are installed and functioning properly.

TIERED FLOW DECK
A multi -tiered flow deck is incorporated in all LF Series tablet
feeders. This allows consistent chemical application to low,
sustained, variable, intermittent and surge flows. Liquid is
channeled through the three tiers of the flow deck in proportion
to the hydraulic load (See Figure D). The lowest tier of the
flow deck is the inert drainage tier. The inert drainage tier
directs liquid to the feed tube during low flow conditions and
forms a drainage channel to dry the tablets when there is no
flow. As the flow increases, the liquid is channeled through
the intermediate flow tier. This tier directs the increased
flow to the chemical tablets and allows more tablets to
contact the liquid. At higher flow rates, the liquid rises to
the upper flow tier. The upper tier dissipates excess flow
velocity and produces a consistent chemical dosage. The
flow deck incorporates a retaining ring with locating ribs for
the feed tubes. The locating ribs engage positioning slots
in the feed tube to secure the tube in the proper installation
position for the feeder's rated capacity.
CLEARCHECK° FEED TUBE AND CAP
The LF Series tablet feeders are equipped with molded,
chemical feed tubes with twist lock caps. Each feed tube and
cap are constructed of NSF/ANSI Standard 61 listed PVCfor
durability and long life. The feed tube is manufactured with
the translucent ClearCheck design. This design allows the
operator orservice providerto determine whethertablet refill
is required simply byvisual inspection without removing the
tube from the feeder. The feed tube utilizes chemical tablets
with the nominal weight and dimensions of 5 ounces, 25/s"
diameter and 13/,s" to 1"height. Slots molded directly into the
bottom of the feed tube allow the chemical tablets to dry
during intermittent or prolonged no flow periods. The twist
lock cap fits securely inside the chemical feed tube to allow
convenient installation of the tube and cap within a 4"
Schedule 40 PVC riser pipe.
REMOTE REMOVAL SYSTEM
A remote removal system is available for direct burial
installations to allow for safe removal, recharge and
reinstallation of the feed tube from grade. The remote removal
system consists of a top -threaded feed tube cap, one
extension and one handle. For use, replace the standard cap
with the top -threaded cap. The top -threaded cap locks into
the feed tube, then the extension and handle are threaded
onto the top of the new cap (See Figure E). Additional
extensions are available for deeper installations and can be
added or removed anytime. The extension(s) and handle
remain in place during system operation and standard feed
tube filling instructions apply.
FILLING AND INSTALLING THE FEED TUBE
Before handling any chemical tablets, carefully read the
product container label and the CAUTION section of these
instructions. When filling the feed tube, always wear rubber
gloves and safety goggles or a face shield for proper
protection. Follow all handling instructions forthe chemical
tablets used. To fill the feed tube, remove it from the feeder.
Rinse the feed tube and cap thoroughly with freshwater. Dry
as required. Hold the tube, slotted end up, at a 30' to 450
angle and slide the chemical tablets into the open feed tube,
one tablet at a time. Insure that each tablet lies flat, against
the next and evenly on top of one another, in the feed tube
(See Figure F). Use a gloved hand to retain the tablets inside
the open end of the inverted tube until it has been evenly and
completely filled. Carefully return the tube to the upright
position. Replace the cap and slide the feed tube into the
body of the feeder, slotted end down. The slots in the bottom
of the feed tube must properly engage the locating ribs
molded into the flow deck. Be sure the feed tube is fully
engaged within the feeder and rests evenly on the flow deck.
Utilizethe Chemical Consumption Record on the back ofthis
manual to track the chemical refill pattern.

BIO-SANITIZER° DISINFECTING TABLETS
If the tablet feeder is to be used for the disinfection of water
or wastewater, a (10 lb., 25 lb., 45 lb. or 100 lb.) supply of
Bio-Sanitizer disinfecting tablets is available from your local
distributor. Bio-Sanitizer tablets insure dependable
disinfection for water and wastewater treatment system flow
and other applications where a predictable long-term source
of chlorine is desirable. The tablets are manufactured from
pure calcium hypochlorite and contain at least 70% available
chlorine. Bio-Sanitizer disinfecting tablets are registered
with the USEPA for water and wastewater treatment. The
tablets incorporate beveled edges to enhance the chemical
dissolution pattern, providing effective and economical
bacteria killing power. Each tablet is 25/a" diameter,
compressed to a 13/16" thickness, has an approximate weight
of 5 ounces and is white in colorfor easy identification. The
chemical application rate of Bio-Sanitizer tablets remains
consistent at peak flow factors as high as four.
FIGURE E
ntl
I I II I I I
REMOTE REMOVAL HANDLES AND CAP
BLUE CRYSTAP DISINFECTING TABLETS
If the tablet feeder is to be used for the disinfection of
residential wastewater, a (10 lb. or 100 lb.) supply of Blue
Crystal residential disinfecting tablets is available from your
local distributor. Blue Crystal tablets are the first disinfectant
that has been specifically developed for use in residential
wastewater treatment applications. Formulated to maintain
positive disinfection during the low, sustained, variable and
intermittent flow rates that are common to residential
wastewater treatment systems, Blue Crystal tablets are
produced with a proprietary beveled edge design to enhance
the chemical dissolution pattern. Each tablet is 25/8"
diameter, compressed to a 1"thickness, has an approximate
weight of 5 ounces and is white in color with blue crystals
for easy identification. Containing a minimum of 70%
available chlorine, Blue Crystal tablets are registered with
the USEPAfor wastewater treatment.
BIO-MAX° DECHLORINATION TABLETS
If the tablet feeder is to be used forthe dechlorination of water
or wastewater, a 48 lb. supply of Bio-Max dechlorination
tablets is available from yourlocal distributor. Containing92%
sodium sulfite, the tablets are manufactured to neutralize
both free and combined chlorine. Bio-Max tablets
incorporate beveled edges to enhance the chemical
dissolution pattern. Each tablet is 25/a" diameter,
compressed to a 13/16" thickness, weighs approximately 5
ounces and is green in color for easy identification. The
tablets dissolve slowly, releasing controlled amounts of
chemical forthe instantaneous removal of residual chlorine
from the water or wastewater flow. The chemical application
rate of the tablets remains consistent at peakflowfactors as
high as four. Bio-Max tablets are formulated to remove
chlorine residuals to non -detectable levels.
FIGURE F
CAUTION
DO NOT HANDLE
TABLETS WITHOUT
FIRST CAREFULLY
READING THE
PRODUCT
CONTAINER
LABEL AND/OR
THE HANDLING
AND STORAGE
INSTRUCTIONS
CORRECT INCORRECT
TABLETS MUST LIE FLAT IN THE STACK
B10-PERC° REMEDIATION TABLETS
If the tablet feeder is to be used for the bioaugmentation of
wastewater, a (10 lb. or 25 lb.) supply of Bio-Perc biological
remediation tablets is available from your local distributor.
Bio-Perc tablets rejuvenate failing wastewater treatment
systems by reducing or eliminating organic buildup in
distribution lines and disposal processes. Bio-Perctablets
help sand filters and soil -based treatment systems recover
their infiltrative capacity while preventing the failure of new
installations. Each tablet is 21/8" diameter, compressed to
a I" thickness, has an approximate weight of 5 ounces and
incorporates a beveled edge design to reduce wicking.
CAUTION: All chemicals and chemical feed systems
should be handled with care. Chemicals and feed tubes
should not be mixed with each other or any other
products. Do not handle tablets or feed tubes without
first carefully reading the product container label, MSDS
information and the handling andstorage instructions.

PLACING THE 13IO-DYNAMIC° ON-LINE
Be sure the entire liquid stream from the facility being served flows through the tablet feeder. Confirm that the proper chemical
tablets are being used in the feed tube and that the feed tube is firmly engaged into the retaining ring and locating ribs of the flow
deck. After the system has been in operation for at least one hour, draw a sample of the treated effluent from the feeder outlet
or the contact chamber inlet to test the chemical application. For chlorination applications, testing can be done using a chlorine
test kit, available from your Bio-Dynamic distributor, or DPD Colorimetric test as outlined in the most recent edition of Standard
Methods for the Examination of Water and Wastewater. Dechlorination applications may also require that chlorine residual test
be performed. Multiple samples must betaken to insure that the system has reached equilibrium. Take samples at 15 minute
intervals. When three or more consecutive samples produce the same results, the system has reached equilibrium. Indirect
burial installations, make sure the riser pipe extends at least 3" above grade and is covered securely by a tamper -proof PVC cap.
OPERATIONAL ADJUSTMENT
LF Series feeders can be adjusted without taking the unit off-line. When fully inserted into the feeder body, the feed tube locks
into locating ribs molded into the flow deck. This locked position provides the maximum chemical dose. Rotating the feed tube
clockwise, one -quarter ('/a) turn from its fully locked position raises the feed tube approximately one-eighthinch(1/8"). By raising
the feed tube, the chemical delivery can be reduced. Please refer to the Operational Adjustment Chart at the bottom of this page
for routine guidance. If there are additional questions regarding operation, contact your local Bio-Dynamic distributor. Forfurther
reference, a red identification tag with the contact information of the manufacturer is attached to the feeder.
ROUTINE MAINTENANCE
LF Series feeders require very little maintenance other than periodic cleaning and refilling of the feed tubes. When performing
maintenance, always wear rubber gloves and safety goggles or a face shield and follow the procedures outlined in the handling
instructions for the chemicals used! n the feeder. Before refilling the feed tubes, rinse the tube and cap thoroughly with freshwater.
Occasionally, a feed tube may need to be cleaned with a brush. Aservice brush for cleaning the feed tube and flow deck is available
from your local Bio-Dynamic distributor. To use the brush, remove the extension handle from the top -threaded feed tube cap and
screw the brush into the handle. When refilling the feed tube, check the inside of the feeder and rinse any residue with a low
pressure hose. Dry the feed tube with a clean cloth before reinserting chemical tablets. The liquid flow will normally prevent
accumulation of debris during routine operation. Debris that may become lodged within the feeder during a malfunction of the
upstream treatment system can be removed with the cleaning brush or a gloved hand.
INTERMITTENT USAGE
During a period of intermittent use orextended period of non-use, feed tubes should be removed and stored in a well -ventilated,
dry, secure location. Referto the tablet container label and material safety data sheet for detailed safety, storage and/or disposal
instructions for the chemical tablets. Reinstall the riser cap securely for the time period the system will be unattended.
OPERATIONAL ADJUSTMENT CHART
Condition
Possible Cause
Recommended Remedy
Insufficient
Chemical
Application
Feed tube empty
Refill chemical tablets
Incorrect type of tablets used
Replace using properly approved tablets
Feed tube not properly installed
Install the feed tube flat on flow deck
Tablets jammed in the feed tube
Remove, clean and properly refill the feed tube
Excess solids in effluent
Troubleshoot treatment plant
Debris clogging bottom of the feed tube
Remove, clean and properly refill the feed tube
Tablet feeder not level
Adjust mounting position
Tablets more than one year old
Remove, clean and properly refill the feed tube
Overapplication
of Chemical
Incorrect type of tablets used
Replace using properly approved tablets
Blockage at outlet
Rinse feeder with fresh water to remove blockage
Too many tablets immersed
Rotate the feed tube clockwise 90 degrees
Excess hydraulic flow
Equalize flow prior to the tablet feeder
Recirculation piping not properly adjusted
Increase percentage of recirculation flow
Tablet feeder not level
Adjust mounting position

SYSTEM SAFETY
All installations not protected by a safety fence or locked
grating should be equipped with a Schedule 40 PVC riser
pipe with tamper -proof pipe cap. Only authorized personnel
should have access to the tabletfeeder and its components.
Confined space entry equipment (Occupational Safety and
Health Regulations OSHA 29, CFR1910.146) is not required
for a properly installed Bio-Dynamic LF Series tablet feeder
in a direct burial installation. Maintenance of the tablet feeder
can be performed from grade. Rubber gloves and safety
goggles or a face shield should always be worn when
providing service to any chemical feed system. Toxic fumes
present in wastewater and/ortablets may accumulate within
the feeder and cause personal injury or death. All safety
and handling procedures for chemical tablets must be
followed completely. Water and wastewater treatment
chemicals can be very dangerous. Thoroughly read chemical
container label before use. Only trained personnel using
the propersafety procedures and approved equipment should
be allowed in the vicinity of a treatment system.
CHEMICAL CONSUMPTION RECORD
BIO-DYNAMIC° LIMITED WARRANTY
The Bio-Dynamic Model LF Series tablet feeders are
backed by a comprehensive ten year limited warranty,
The purchaser is protected from defects in material and
workmanship, under normal use and service, for a period
of ten years from the date of original purchase. The
Bio-Dynamic distributor will provide a warranty
registration card, as well as detailed warranty and
exchange information, to each purchaser. This warranty
is not effective unless the warranty registration card is
returned to the factory within 30 days of purchase. If
the tablet feeder or components require service or
replacement, do not use or dismantle the unit. Contact
your local, authorized Bio-Dynamic distributorto arrange
for inspection, service or replacement of the system or
component. After inspection, the distributor will return
the tabletfeederor component, as required, to the factory
and replace the necessary items according to the terms
of the limited warranty.
For your reference, please document chemical consumption and maintenance on the following chart:
( F v
Engineering the future of uvater
and wastewater treatment
220 REPUBLIC STREET
NORWALK, OHIO, USA 44857-1156
TELEPHONE [phone]
FAX [phone]
www.norweco.com
DISTRIBUTED LOCALLY BY:
Norweco®, Norweco.com®, Singulair", Modulair°, Travalair°, Lift-Raila, Microsonicm, Bio-Dynamic°, Bio-Sanitizer®, Bio-Neutralizer®, Bio-Kinetic®,
Bio-Static®, Bio-Gem°, Bio-Regeneration®, Bio-Perc®, Blue Crystal®, ClearCheck®, ChemCheck°, Service Pro®, Grease Busterm and "BUSTER"
logo® are registered trademarks of Norwalk Wastewater Equipment Company, Inc.
©MMVII NORWECO, INC.

iENDER: COMPLETE THIS SECTION COMPLETE IS SECTION ON DELIVERY
■ Complete items 1, 2, and 3. Also complete A. Sig ture
item 4 if Restricted Delivery is desired. X ❑ Agent
■ Print your name and address on the reverse ❑ Ad re
so that we can return the card to you. B_ Ftarpivari by / printed Name) C. at f 6el
North Carolina Department of
ARA
Environment and Natural Resources ess different from item 1? UY04
Division of Water Quality slivery address below: ❑ No
Surface Water Protection Section
NCDENR 2090 U.S. Highway70, Swannanoa, NC 28778
LARRY MILLER
G.E�M. CONSTRUCTORS INC
2024 NIX CREEK ROAD, SUITE A
MARION NC 28752
7007 1490 0004 0798 8565
3 Se ice Type
ertified Mail ❑ Express Mail
❑ Registered �Retum Receipt for Merchandise
❑ Insured Mail C.O.D.
4. Restricted Delivery? (Extra Fee) ❑ Yes
.... �____ ooi � r-_�_.__. nnn� n_.......•�_ o,.•.,... o�..eb.• 102595-02-M-1541

UNITED STATES POSTAL SERVICE
• Sender: Please print your name, address, arid-'
First -Class Mail
Postage & Fees Paid
USPS
.Permit No. G-10
MR. ROY.DAVIS!
NCDENR-DW`cS� .WP , `/ p�
2090 U.S. HIGHWAY 70
SWANNANOA NC 28778

,
BR,00-J.o.-KS Planning & Project Management / Civil Engineering / Surveying
Soil Science Services / Environmental Engineering & Services
ENGINEERING ASSOCIATES 17 Arlington Street / Asheville NC 28801 / www.brooksea.com / 828-232-4700
October 1, 2009
N.C. Department of EnvironmenVanc
Division of Water Quality / NPDESI j
1617 Mail Service Center
Raleigh, North Carolina 27699-161
Regarding: 2041 U.S. Highway
McDowell County,
;V
To Whom It May Concern:
� u J
iD
OCT — 8 2009 I
ojiJA�`(F"� QUALITY SECTI
ASHEVILLE REGIONAL Of
( VVI a�
T�$OURCE
QUALITY
BRANCH
A certified letter from North Carolina Department of Environmental and Natural
Resources (NCDENR), Division of Water Quality (DWQ), dated October 31, 2008 was
issued to Larry Miller. This letter states that the existing subsurface sand filter sewage
treatment system that was permitted by the McDowell County Health Department is not
providing adequate treatment of sewage. The letter also states that a permit to discharge
to waters of the state as required by North Carolina General Statute 143-215(a)(1) is not
held. Mr. Miller has contracted with our firm to bring the sewage discharge into
compliance with state rules.
The
&Xte —ater systeaxa�thatpse .esEan�B,un t pa in�e t omp e_ The design flow is 1920
gpd. Based on the Soils Report by Walker Ferguson LSS, the site is unusable for
wastewater application via surface drip, subsurface drip, or conventional system due to
spatial site limitations and unsatisfactory soil depth. This report can be found in
Attachment B. There is no public sewage disposal system located near the subject site. PAY
The most practical resolution to bring the site in compliance with state regulations is to Q ,sr'
provide improvements to the existing system.
The site is located within the limits of the City of Marion. The improvements to the
existing wastewater treatment system for the apartment complex consists of a 2500 gal
septic tank (STB-446) and 3000 gallon pump tank (PT-143) by Dellinger Precast, Inc. A
recirculating sand filter designed based on a 5 GPD/ft2 loading rate provides 400 ft2 of
surface area for treatment. A 4:1 recirculation ratio box by American Manufacturing is
used to rout % of the flow back to the pump tank via gravity flow where it is re -circulated
through the sand filter. Chlorination and de -chlorination apparatus by Bio- Dynamic are
used for disinfection. The tablet chlorinator and dechlorinator consists of a housing and
three tablet feed tubes. Slow dissolving Blue Crystal tablets dissolve at a rate
proportional to the flow providing disinfection. Bio-Max dechlorination tablets are used
for the removal of residual chlorine. A contact chamber provides approximately 37.5
minutes of detention time after the chlorination apparatus. Residual chlorine is then

removed after flowing through the dechorination tablet feeder device. A cascade aerator
provides aeration before the effluent discharges to the stream.
Final plans for the treatment system stamped "Preliminary Not released for
construction" have been included. The following items have been included as
Attachments in this application package:
A. Two signed copies of NPDES Application Form D
B. Letter from soil scientist of evaluation of subject site for suitable disposal
systems.
C. Specifications for all major treatment components.
D. Engineering Calculations.
This submittal was originally submitted and received by NCDENR- Water Quality Point
Source Branch on June 8, 2009. The submittal package was returned to our office in
request for additional information per letter dated June 17, 2009. As requested per that
letter the following items are include in this resubmittal:
Application Fee of $860.00 (Check# 1194 );
Completed Engineering Alternatives Analysis and Local Government Review Form.
We appreciate your timely review of this material. If there are any questions or issues
that can be resolved with an explanation, please feel free to contact me at (828) 232-
4700.
Sincerely,
Brooks Engineering Associates, PA
Paul E. Sexton, P.E.
Attachments: A. NPDES Application Form D
B. Soil Scientist Evaluation
C. Wastewater System Specifications & Calculations

ATTACHMENT A

ITILi/. IJ• L V V I -f. V71m v1 v v " a "up.'.,...,np ,.o.. v­
NPDES APPLICATION - FORM D
For privately owned treatment systems treating 100% domestic Wastewaters <1.0 MGD
Mail the complete application to:
N. C. Department of Environment and Natural Resources
Division of 'Water Quality / NPDES Unit
1617 Mall Service Center, Raleigh, NC 27699-1617
NPDES Permit C00 p
If you are completing this form in computer use the TAB key or the up - down arrows to move from one
field to the next. To check the boxes, click your mouse on top of the box. Otherwise, please print or type.
1. Contact Information:
Owner Name Larry Miller
Facility Name
Mailing Address
City
State / Zip Code
Telephone Number
Fax Number
e-mail Address
2041 U.S. Hwy 70 East Apartment Complex
2024 Nix Creep Road, Suite A
Marion
North Carolina / 28752
[phone]
[phone] UM 2,
larry@gemconstructors. con
DENR:; WATER UALITY
2. Location of facility producing discharge: POINT SOURCE BRANCH
Check here if same address as above ❑
Street Address oT State Road 2041 U.S. Hwy 70 East
City
State / Zip Code
County
Marion
North Carolina / 28752
McDowell
3. Operator Information:
Name of the firm, public organization or other entity that operates the facility. (Note that this is not
referring to the Operator in Responsible Charge or ORC)
Name Larry Miller
Mailing Address 2024 Nix Creek Road, Suite A
City
State / Zip Code
Telephone Number
Fax Number
Marion
NC / 28752
[phone]
[phone]
1013 Form-D 1/06

.11. 1. . cv vi i v I. - r .p ... r v , . .d ..v.iv I.
11V. I V V 1 I. J
NPDES APPLICATION - FOR11+1; D
For privately owned treatment systems treating 100% domestic wastewaters <1.0 MGD
4. Description of wastewater:
Facility Generating Wastewater(check all that apply):
Industrial
❑
Number of Employees
Commercial
❑
Number of Employees
Residential
®
Number of Homes g
School
❑
Number of Students/Staff
Other
❑
Explain:
Describe the source(s) of wastewater (example: subdivision, mobile home park, shopping centers,
restaurants, etc.);
A,parment complex - Consist of 8 two bedroom units
)Population served: 16
S. Type of collection system
Separate (sanitary server only) ❑ Combined (storm sewer and sanitary sewer)
6. O utfall Information:
Number of separate discharge points One
Outfall Identification numbers) 1
Is the outfall equipped with a diffuser? ® Yes ❑ No
7. Name of receiving stream(s) (Provide a map showing the exact location of each outfall);
Forsvth Creek
B. Frequency of Discharge; [a Continuous ❑ Intermittent
If intermittent:
Days per week discharge occurs: Duration:
9. Describe the treatment system
List all installed components, including Capacity, protride design removal for BOD, TSS, nitrogen and
phosphorus. If the space provided is not Sufficient; attach the description of the treatment system in, a
separate sheet of paper,
See attached summary of treatment system,
z or 3 Form-D 1106

.-Y. - - i 1 v. IVUI I . 7
NPDES APPLICATION - FORM D
For privately owned treatment systems treating 100% domestic wastewaters <1.0 MOD
10, Flow Information:
Treatment plant Design flo:v .0019 MGD
Annual. Average daily flow .0019 MGD (for the previous 3 years)
Maximum daily flow .0019 MGD (for the previous 3 years)
11. Is this facility located on Indian country?
Q' Yes 0 No
12, Effluent Data
Fro vide data for the parameters listed. Fecal Coliform, Temperature andpH shall be grab samples, for all other
,parameters 24-hour composite sampling shalt be used. Effluent testing data must be based on at least three samples
and must be no more than four and one half years old.
Parameter
Daily
Maximum
Monthly
Avera a
Units of
Meaaurement
Number of
Samples
Biochemical Oxygen Demand
p0m)
Fecal Coliform
Total Suspended Solids
Temperature (Summer)
Temperature (Winter)
pH
13. Llet all permits, construction approvals and/or applications:
Type Permit Number Type
Hazardous Waste (RCRA) nSHAPS (CAA)
U1C (SDWA) Ocean Dumping (MPRSA)
NPDES Dredge or fill (Section 404 or CWA)
PSD (CAA) Special Order of Consent (SQC)
Non -attainment program (CAA) Other
14, APPLICANT CERTIFICATION
Permit Number
I certify that I am familiar with the information contained in the application and that to the
best of my knowledge and belief such information in true, complete, and accurate.
Larry Miller Owner
Printed nainga person Signing Intle
t
Date
North 9&olina General Statute 143-215.6 (b)(2) states: Any person who knowingly makes any false statement
mprepfitation, or certification in any application, record, report, plan, or other document files or required to be
-ned under Article 21 or regulations of the Environmental Management Commission implementing that Article, or
who falsiftes, tampers with, or knowly renders inaccurate any recording or monitoring device or method required to be
operated or maintained under Article 21 or regulations of the Environmental Management Commission implementing
that Article, shall be guilty of a misdemeanor punishable by a fine not to exceed $25,000, or by imprieonment not to
exceed six months, or by moth, (18 U.S.C. Section 1001 provides a punishment by a fine of not more than $25,000 or
imprisonment not more than 5 years, or both, for a similar offense.)
3 of 3 Form-D 1/06

ATTACHMENT B

Brooks Engineering Associates
Land Planning Civil Engineering Surveying Environmental Services Soil Science Services
April 22, 2009
Larry Miller
G.E.M. Constructors, Inc.
2024 Nix Creek Road, Suite A
Marion, North Carolina 28752
Attention:: Mr. Miller
Regarding: Report of Findings Soils Evaluation
2041 U.S. Highway 70
McDowell County, NC
Dear Mr. Miller,
Walker B. Ferguson of Brooks Engineering Associates (BEA) conducted a soils investigation on
a 1.34 acre tract located at 2041 Highway 70 McDowell County, North Carolina. This
investigation was conducted at the request of Mr. Miller. The purpose of the soil study was to
determine if any land based wastewater options were available for an eight two-bedr000m unit
apartment complex. The apartment complex is currently being served by a sand filter and surface
water discharge system which is in failure.
Fieldwork was conducted using the following tools and methods. A 3-inch hand auger, a knife,
and a sharpshooter shovel were used to examine the soil. A Suunto clinometer was used to
measure soil slope.
Recommendations are based on, but -not limited to, observations made and data collected on
topography, landscape position, parent material, underlying geology, and soil characteristics.
Soil characteristics include, but are not limited to, depth to a seasonal high water table (SHWT),
depth to a restrictive horizon, total soil depth, soil horizonation, soil structure, soil color, clay
mineralogy, bulk density, consistence, plasticity, stone content, and percent sand, silt, clay, and
mica. They follow the guidelines set forth in the North Carolina Laws and Rules for Sewage
Treatment and Disposal Systems, laws amended effective December 19, 2001, and rules
amended effective June 1, 2006. Grading which occurs subsequent to this fieldwork renders the
soil investigation in the graded area null and void.
17 Arlington St. Asheville, NC 28801 www.brooksea.com ph. 828.232.4700 fx.828.232.1331

t
RESULTS AND DISCUSSION
BEA found Mr. Millers tract to be unsuitable for any surface or subsurface wastewater
disposal system. The site is unsuitable for a subsurface wastewater system due to a
shallow Seasonal High Water Table (SHWT) and insufficient area to support the 1920
gal/per/day (gpd) design flow. This tract does not meet setback requirements for surface
drip irrigation to be considered.
• BEA concludes that the only feasible alternative for the 1920 gpd is a pre-treated surface
water disposal system into the stream northwest of the apartment complex.
Thank you for the opportunity of presenting this information to you. If we can be of further
assistance, please feel free to call.
Sincerely,
Walker B. Ferguson
Licensed Soil Scientist
2

References:
1. North Carolina Department of Environment, Health, and Natural Resources, Division of
Environmental Health, On -Site Wastewater Section. 1998. Laws and Rules for Sewage
Treatment and Disposal Systems, section .1956(6). P.O. Box 27687, Raleigh, NC, 27611-
7687.
2. North Carolina Department of Environment, Health, and Natural Resources, Division of.
Environmental Health, On -Site Wastewater Section. 1996. Procedures and Information
Required for Approval of Large Subsurface Wastewater Systems. P.O. Box 27687, Raleigh,
NC, 27611-7687.
3. North Carolina Department of Environment, Health, and Natural Resources, Division of
Environmental Management. 1996. Administrative Code Section: 15A NCAC 2H.0200 —
Waste Not Discharged to Surface Waters. Environmental Management Commission,
Raleigh, NC

A74LA.
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins
Governor Director
October 5, 2009
LARRY MILLER
OWNER-335'
G.E.M. CONSTRUCTORS INC
2024 NIX CREEK ROAD, SUITE A
MARION NC 28752
L —A
Dee Freeman
Secretary
Subject: NPDES Permit application NCO088901
2041 U.S. Hwv 70 East A artment Complex,
McDowell County 44,t&jj NC
Dear Mr. Miller: L 5 �
C�t�ucv� 6,6+c- -
The Division of Water Quality NPDES acknowledges receipt of your permit application, with payment and
supporting materials on October 5, 2009. This application package has been assigned the number listed above and will be
reviewed by Sergei Chernikov. By copy of this letter, we are also requesting a Staff Report from the Asheville Regional
Office.
The reviewer will perform a detailed review and contact you with a request for additional information if necessary. To
ensure the maximum efficiency in processing permit applications, the Division requests your assistance in providing a timely
and complete response to any additional information requests.
Please note at this time, processing permit applications can take as long as 60 - 90 days after receipt of a complete
application. To check on the status of an application, please visit http://h2o.enr.state.nc.us/bims/
Reports /reportsPermits.html.
If you have any questions, please contact Sergei Chernikov at 919-807-6393, or via e-mail at
[e-mail]. If the reviewer is unavailable, you may leave a message, and they will respond promptly.
PLEASE REFER TO THE ABOVE APPLICATION NUMBER WHEN MAKING INQUIRIES ON THIS PROJECT.
Sincerely,
Dina Sprinkle ( 0 C r - 8 2009
Point Source Branch ! I
` _ _ I
cc: Central Files Vv/A-` R ----_.0 _J''. ITY SECTION
NPDES File NCO088901 aS ' `•' oNAL OFFICE
�Ashe�le=Regional=Office/Surface Water Protection Z.
Paul E. Sexton, P.E., Brooks Engineering Associates, PA, 17 Arlington Street, Asheville, NC 28801
1617 Mail Service Center, Raleigh, North Carolina 27699-1617
Location: 512 N. Salisbury St. Raleigh, North Carolina 27604 One.
Phone: [phone] \ FAX: [phone] \ Customer Service: 1-877-623-6748 North Carolina
Internet: www.ncwaterquality.org /4,al,yy����
An Equal Opportunity \ Affirmative Action Employer �/ dd

FFD E C E' _P?7*1
�a
12 LUUJ �J
NC®ENR WATER QUALITY SECTION
_ASHEVILLE REGIONAL OFFICE
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Colleen H. Sullins Dee Freeman
Governor Director Secretary
October 7, 2009
Mr. Larry Miller
2024 Nix Creek Road, Suite A
Marion, North Carolina 28752
Subject: Engineering Alternative Analysis (EAA)
Permit NCO088901
2041 US Hwy 70 East Apartment Complex
McDowell County
Dear Mr. Miller:
The Division of Water Quality (Division) has reviewed your Engineering Alternative Analysis (EAA) for 2041 US
Hwy 70 East Apartment Complex. The Division concurs with the conclusions and recommendations of the EAA.
The EAA you have submitted is sufficient to meet the Alternative Analysis requirements for a new discharge.
The Division will now proceed to modeling of the discharge. After the model is completed and effluent limits are
calculated, the new draft permit will be publicly noticed in a regional newspaper. The entire modeling and
permitting process may take between 60 and 120 days. If the draft permit causes significant protests from local
citizens, governmental organizations, and/or environmental groups a public hearing may be scheduled and issuance
of the final permit may be further delayed. In some cases the Division may modify or deny the request for a new
permit based on the public hearing results.
If you have any questions about the NPDES permit process, contact me at 919-807-6393 or
[e-mail].
Sincerely,
Sergei Chernikov, Ph.D.
Environmental Engineer II
NPDES-WEST
cc: NPDES File
1 -77ME Re ,dal f fE1c T%Surface Water Protection
Paul E. Sexton, P.E.
Brooks Engineering Associates
17 Arlington Street, Asheville, NC 28801
1617 Mail Service Center, Raleigh, North Carolina 27699-1617
Location: 512 N, Salisbury St. Raleigh, North Carolina 27604 One
Phone: [phone] FAX: [phone] Customer Service: 1-877-623-6748 NorthCarolina
Internet: www,ncwaterquality,org Naturally
�]��YL'/N� /�I ,
An Equal Opportunity ',Affirmative Action Employer N �/ L ` UU

Cantwell, Janet
From: Cantwell, Janet
Sent: Tuesday, l�F �b-ems. 2Qi 10:3.6 AM
To: Chernikov, Sergei
Cc: Ca iWell, Jlit;iffie"Iffma
da e
Sub'ect: lllt
1�
Hi Sergei --- Roger, Mike and I found quite a few discrepancies in the EAA package sent by Brooks Engineering
Associates (BEA) for the Miler Apartment Complex on US Hwy 70 East in McDowell County.
Listed below are some of the discrepancies:
1. Figure 1 Development Site Plan: under General Notes: mentions BUNCOMBE County (this is McDowell Co.)
2. 6.0 Attachments: Attachment B- Denial letter from JACKSON County
3. Attachment A. Local Government Review Form: was sent to the City Manager but the green card was from the
County Manager's office. It shows they signed it, but BEA said it had not been received. WHAT?
4. On page 1: Introduction: BEA mentions "a letter from the regional branch of the DWQ was issued October 31, 2008
stating that discharge from the sewage system was increasing fecal coliform in the stream located on the property."
This letter was not included in the package.
BEA talks about a 2,500 gallon septic tank but on the maps it shows a 2,000 gallon tank.
It appears that Brooks Engineering Associates should review their package and correct their mistakes.
Call if you have any questions---Thanks---Janet
Janet Cantwell - [e-mail]
North Carolina Dept. of Environment and Natural Resources -
Asheville Regional Office U^�^
Division of Water Quality - Water Quality Section
2090 US Highway 70
Swannanoa, NC 28778-8211
Tel: [phone]
Fax: [phone]
Link to "Guidebook to Water Quality Management in North Carolina":
http://h2o.enr.state.nc.us/basinwide/documents/SupportDocument.pdf ('IV'
Link to the NC Division of Water Quality: % l
http://www.ncwaterguality.org/
Link to NPDES Programs & Compliance Info: (DMRs, Annual Report, Etc.):
http://h2o.enr.state.nc.us/NPDES/
Link to Technical Assistance & Compliance Unit, WW Operator Regs, Etc.:
http://h2o.enr.state.nc.us/tacu/index.html
Link to Collection Systems (PERCS Unit):
httD://www.ncwateraualitv.or2/r)eres/Collection%20Svstems/CollectionSvstemsHome.html
Link to NC Surface Waters & Wetlands Standards ("Redbook"):
http://h2o.enr.state.nc.us/admin/rules/codes statutes.htm
Link to NC Stream Classifications:
httD://h2o.enr.state.nc.us./bims/reDorts/rer)ortsWB.html
Link to Water Supply Watershed Info:
http://h2o. enr.state.nc.us/wswp/index.html
Link to booklet "Guidelines for Riparian Buffer Restoration:"
httD://www.nceeD.net/services/euidancedoc.htm
Link to Stormwater, General Permits, & Runoff Pollution:

http://h2o.enr.state.nc.us/Stormwat :ml
http://h2o.enr.state.nc.us/su/Forms Documents.htm#stormwaterGP
E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be
disclosed to third parties.

1
MILLER APARTMENT COMPLEX
U.S. HIGHWAY 70 EAST
McDOWELL COUNTY, NORTH CAROLINA
ENGINEERING ALTERNATIVES ANALYSIS
(EAA)
PREPARED FOR:
LARRY MILLER
2024 NIX CREEK ROAD
SUITE A
MARION, NC ZS752
SUBMITTED TO:
DEC 22 2009
DENR - WATER QUALITY
POINT SOURCE BRANCH
NORTH CAROLINA DEPARTMENT OF ENVIRONMENT
AND NATURAL RESOURCES
DIVISION OF WATER QUALITY - NPDES UNIT
1 61 7 MAIL SERVICE CENTER
RALEIGH, NO 27699-1617
PROJECT NO. 3264139
r
032880 —
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OD9
ORIGINAL: AUGUST 17, 2❑139
REVISED : DECEMBER 1 7, 20139

Table of Contents
1.0 Introduction.......................................................................................................1
1.1
Applicant Information...............................................................................1
1.2
Property Information................................................................................2
2.0
Initial
Discharge Determination........................................................................3
3.0
Technical
Evaluation of Alternatives...............................................................5
3.1
Connection to Existing Waste Treatment Plant........................................5
3.2
Individual or Group Septic Systems.........................................................5
3.3
Reuse Land Application & Reuse............................................................7
3.4
Direct Discharge to Surface Waters.........................................................
8
3.5
Combination of Alternatives.....................................................................
8
4.0
Economic Evaluation of Alternatives.............................................................10
4.1
Connection to Existing Wastewater Treatment Plant..............................11
4.2
Individual or Group Septic Systems.......................................................12
4.3
Land Application....................................................................................13
4.4
Direct Discharge to Surface Waters.......................................................14
4.5
Combinations of Alternatives..................................................................14
5.0
Figures
1.
Development Site Plan
2.
General Site Location Map & Discharge Location Map
3.
Neighboring Discharge Facility Locations
6.0
Attachments
A. Local Government Review Form
B. County Environmental Health Denial Letter
C. BEA Soil Scientist Report
D. Drainfield & Irrigation Required Acreage Calculations
E. Present Value Cost Analysis
F. Engineer's Opinion of Cost for Infrastructure
G. Proposed Treatment Technology Cut -sheet

1.0 Introduction
This Engineering Alternatives Analysis (EAA) is provided as part of the application for
a new NPDES permit for the Miller Apartment Complex in accordance with 15A NCAC
2H.0105. The purpose of this EAA is to determine the technical and economic
feasibility of wastewater disposal options available for the development.
As part of the 1972 Clean Water Act, discharge to surface waters is considered only as
a last resort. Brooks Engineering Associates has evaluated all of the alternatives and
has concluded that the surface discharge permit is the only viable option for the
applicant. The project consists of an existing 8 unit apartment complex located on a
1.34 acre parcel. The apartments have been utilizing an existing sand filter
discharging to Forsyth Creek that was originally permitted by the county health
department, so no NPDES permit has been issued for the facility. A letter from the
regional branch of the Division of Water Quality was issued October 31, 2008 stating
that discharge from the sewage system was increasing fecal coliform in the stream
located on the property. A copy of the letter is provided as Attachment A. The owner
has hired our firm to assist in bringing the discharge in compliance with state
regulations. Upon initiation of an investigation of the soil conditions by the McDowell
County Department of Public Health, it was determined that the soil was unsuitable for
a land disposal system because of unsuitable soil material and setback regulations.
1.1 Applicant Information
Pertinent information regarding the applicant and this application is as follows.
Property Owner:
NPDES Permit Applicant:
Larry Miller
2024 Nix Creek Road, Suite A
Marion, NC 28752
Larry Miller
2024 Nix Creek Road, Suite A
Marion, NC 28752
EAA Preparers Information: Brooks Engineering Associates, PA
17 Arlington Street
Asheville, NC 28801
[phone]
Contact: Paul E. Sexton, P.E.
Brooks Engineering Associates, P.A. Engineering Alternatives Analysis
BEA Project No. 326409 Miller Apartment Complex

1.2 Property Information
The subject property is located in McDowell County near the intersection of NCSR
1536 (Memorial Park Road) and U.S. Highway 70 E, in Marion, NC. The subject site
consists of one parcel (PIN # 1712-52-6802) which is 1.34 acres. The site is mostly
cleared with an existing two-story 8 unit apartment building and associated asphalt
parking lot. The site is bordered to the north by Memorial Park Road and bordered to
the south by U.S. Hwy 70 E. Forsyth Creek runs across the property from west to
east.
The existing building was built in the early 1970's and has been used as a residential
apartment complex.
The site water service is provided by a single existing well. The site layout is provided
as Figure 1. The Local Government Review Form is provided as Attachment A.
A general site location map has been included as Figure 2 depicting the discharge
location. The proposed wastewater receiving stream is Forsyth Creek. The design
flow for the project is calculated to be 1,920 gallons per day (gpd) based upon 8 units
each with 2 bedrooms at 120 gpd/bedroom in accordance with 15A NCAC 02T .0114
(since 15A NCAC 2H 0.219 has been repealed).
Brooks Engineering Associates, P.A.
BEA Project No. 326409
Engineering Alternatives Analysis
Miller Apartment Complex
2

2.0 Initial Discharge Determination
Brooks Engineering Associates has performed an initial determination regarding the
potential of the receiving stream to accommodate the proposed developments' design
wastewater flow of 1,920 gpd. The discharge location longitude and latitude are
provided on Figure 2. The receiving stream, Forsyth Creek, was researched for
limiting classifications and the following determinations were made:
♦ Forsyth Creek has no zero -flow restrictions per 15A NCAC 2B.0206 (d)(2);
♦ Forsyth Creek is classified as a Class C stream (Stream Index No. 11-25);
♦ Forsyth Creek is not designated as an Impaired Water and has no designated
TMDLs;
♦ The portion of Forsyth Creek where this project is proposed has no known
presence of endangered species.
♦ Class C waters have no restrictions on watershed development or types of
discharges.
Forsyth Creek is part of the Catawba River Basin. A basin wide plan does exist for the
Catawba River Basin but Forsyth Creek is not identified in the plan.
To address potential deficiencies of the receiving stream regarding flow, BEA staff
conducted an investigation by confirming a positive 7Q10 "low stream flow" for Forsyth
Creek with the USGS. These activities are discussed below.
On June 29, 2009 BEA staff contacted Mr. Curtis Weaver, PE of the USGS in Raleigh,
North Carolina. Mr. Weaver is the principal engineer in charge of making stream flow
determinations for the Raleigh USGS office. The 7-day 10-year low flow (7Q10) is the
governing stream criteria for wastewater point source discharges for flow acceptance.
Mr. Weaver replied via e-mail that a drainage area of 0.69 sq. mi. was determined for
the point of interest on Forsyth Creek downstream from U.S. Highway 70 at Clinchfield
(station id 0213814220); there are three nearby partial -record sites and two
continuous -record gaging stations in McDowell County and western Burke County that
are in vicinity of the subject site for which low -flow discharge estimates are provided. In
Table 1 of the report United States Geological Survey Water -Supply Paper 2403, '
Brooks Engineering Associates, P.A.
BEA Project No. 326409
Engineering Alternatives Analysis
Miller Apartment Complex
3

Low -Flow Characteristics of Streams in North Carolina' low -flow discharge estimates
are provided for these nearby sites. Expressing these estimates as low -flow yields
provides some indication of 7Q10 flow estimates ranging from about 0.23 to 0.45 cfs
(average about 0.31 cfs). The regional low -flow relations presented in above
referenced report for this hydrologic area (HA10) results in a 7Q10 low -flow estimate
with yield value of about 0.28 cfsm.
Applying the above stated low -flow yields to a drainage area of 0.69 sq. mi. results in
7Q10 flow estimates ranging from about 0.15 to 0.3 cfs (average about 0.2 cfs).
No USGS records of discharge are known to exist for at the discharge point on Forsyth
Creek. Where no or insufficient data is available for a low -flow analysis, a
determination of low -flow characteristics is based on assessment of low -flow yields
(expressed as flow per square mile drainage area, or cfsm) at nearby locations where
such statistics have previously been determined. The low -flow characteristics that
have been provided have been computed by correlating the runoff characteristics of a
nearby stream in vicinity of the request site.
Therefore, based upon the preliminary investigation, it appears there are no flow or
water quality restrictions on Forsyth Creek that would immediately prohibit discharge of
domestic wastewater with a standard level of treatment to surface waters.
Brooks Engineering Associates, P.A.
BEA Project No. 326409
Engineering Alternatives Analysis
Miller Apartment Complex
4

3.0 Technical Evaluation of Alternatives
3.1 Connection to Existing Waste Treatment Plant
Figure 3 shows a map of the closest existing Wastewater Treatment Facility which is
the Marion Catawba River facility (NPDES Permit No. NC0071200). The facility is
currently being assumed by the City of Marion. The closest connection point is a
pump station located off of Seagle Road. The route to the pump station has
approximately 68 ft of elevation gain from average elevation of the subject site. The
nearest connection location to the pump station is calculated to be 0.87 mile from the
subject property. BEA estimates one pump station and force main construction for the
entire 0.87 miles along U.S. Hwy 70 E, secondary roads, and private property would
be required to connect to this system. This facility is permitted for 0.25 MGD and the
City of Marion has stated that allocation for discharge to this plant is obtainable. The
allocation fees for City of Marion are included in the economic evaluation.
The next closest wastewater treatment facility is the Corpening Creek WWTP
(NC0020214). The facility is located approximately 6.3 miles south of the subject site.
Pump stations and force mains would also be required if the sewer line were to follow
federal and state roadways to the facility. The Corpening Creek facility would be
extremely difficult to route a sewer connection line and is much further away than the
Catawba River facility. This facility is not considered further in this evaluation.
While the connection to the Catawba River WWTP collection system is possible and
permittable, the distance and route required to the facility is significant and must be
evaluated for the economic feasibility. This option will be analyzed in Section 4.1.
3.2 Individual or Group Septic Systems
The McDowell County Department of Environmental Health performed a Soils
Evaluation for the site. Upon investigating the 1.34 acre site, sufficient drainfield area
for the existing building was not found. The soils were deemed "unsuitable" and the
application was denied. A copy of the McDowell County report is provided as
Brooks Engineering Associates, P.A.
BEA Project No. 326409
Engineering Alternatives Analysis
Miller Apartment Complex
5

Attachment B. Brooks Engineering Associates conducted a soils investigation to find
areas suitable for subsurface disposal or surface irrigation. The entire site was
determined to be unsuitable due to setback conditions and inconsistent soil properties
on site. The Brooks Engineering Associates soils report letter summarizing the findings
is provided in Attachment C. The setbacks from surface water, property lines, and
right-of-ways and poor soil conditions render the subject site unsuitable for surface
irrigation.
For a community system, the 1,920 gpd system would require 1.32 acres for primary
and repair conventional drainfield area and 0.59 acre for a community subsurface drip
system. These calculated areas are based upon assumed average soil loading rates
and do not include any required acreage for setbacks and any pretreatment system
placement land requirements, just disposal area. Calculations are provided in
Attachment D. It is estimated a 0.59 acre area would be necessary to site the drip
system with the governing setbacks and allow for conveyance piping. This amount of
acreage is not available at the site.
Individual and/or community septic systems (including subsurface drip) are determined
to not be feasible at the subject site for the following reasons.
o The project soil scientist report has not identified any area suitable according to
the NCAC 18A .1900 rules due to the nature of the existing soil material.
o The site plan depicts no area available for on -site disposal. There is
insufficient acreage available.
As neither the County nor BEA found any available space on the proposed site with
suitable or provisionally suitable soil conditions, all of the 0.59 acre needed for a
community septic (or subsurface drip) system would have to be acquired from adjacent
property owners. This option is evaluated in subsequent sections.
3.3 Land Application & Reuse
A full investigation of the feasibility of a land application system typically encompasses
the following evaluations:
1. Soils Evaluation (to determine saturated hydraulic conductivity rates);
2. Agronomist Evaluation (to determine nutrient balance);
Brooks Engineering Associates, P.A.
BEA Project No. 326409
Engineering Alternatives Analysis
Miller Apartment Complex
0

3. Hydrogeologic Evaluation (to determine water table and lateral flow); and
4. Water Balance Evaluation (to determine storage requirements).
The irrigation rate is derived from soil saturated hydraulic conductivity measurements
and a water balance based upon regional rain and evapotranspiration and storage
provided. Based upon other regional projects, an irrigation rate of 1 inch per week
(in/wk) is an assumed reasonable irrigation rate that will not necessitate restrictions
based upon hydrologic or nutrient loading. A surface drip system would require 0.50
acre of disposal area (excluding setbacks and piping) with the same 1.0 in/wk loading
rate. Calculations are provided in Attachment D. To obtain the required setbacks for
surface irrigation systems, a reuse quality effluent would have to be provided (NCAC
18A 2T .0900 regulations) as the wastewater irrigation rule setbacks (NCAC 18A 2T
.0500 regulations) can not be met with the existing site conditions to maintain required
distances from habitable structures, property lines and surface waters. If reuse quality
effluent can be provided, the only applicable setback would be 25 feet from the surface
waters. From a practical standpoint, BEA estimates that at a minimum 0.50 acres
would be required off site to get the disposal system installed with the 1.0 in/wk loading
rate.
A wastewater reuse irrigation system is determined to not be feasible at the subject
site for the following reasons.
o The project soil scientist report has not identified any area suitable for land
application due to the nature of the fill material.
o The existing site conditions and improvements allow no available property for
on -site disposal.
o Under the NCAC 18A 2T .0900 regulations a wet weather storage pond,
typically sized for 30 days of wet weather storage (57,600 gallons) must be
sited and an additional pond sized for five days of storage (9600 gallons) would
have to be provided to accommodate "upset" conditions. An additional 0.05
acre would be required for constructing these ponds.
Again, the basic land requirements result in this disposal option as being unfeasible for
the present conditions. At a minimum, an additional 0.55 acre would have to be
purchased for the disposal area and for the necessary storage ponds under the 15A
NCAC 18A 2T .0900 requirements.
Brooks Engineering Associates, P.A.
BEA Project No. 326409
Engineering Alternatives Analysis
Miller Apartment Complex
7

Additional Land Purchase
The economic feasibility of purchasing additional land purchase option is evaluated in
Section 4.0. From a practical feasibility standpoint, the following purchase options
have been evaluated and pursued. Adjacent property owner on the southwest is
Northstar Properties Limited (2.2 acres, Deed Book 485, page 708) and to the
northeast is Todd J. & Lisa M. Schweiger (0.79 acre, Deed Book 829, page 575). The
southwestern adjacent property is a commercial warehouse facility that consumes
most of the property. The northeastern adjacent property consists of a residential
home. The adjoining property owners are shown on the attached "Site Layout" map
(Figure 1).
None of the adjacent parcels are for sale and given the use none are likely to be for
sale. Neighboring land owners were not contacted for possible land acquisition by Mr.
Larry Miller. However, a PVCA is provided in Section 4.0 assuming land was
available.
3.4 Direct Discharge to Surface Waters
As discussed in Section 2, discharge to surface waters is found to be a technically
viable option as the initial evaluation has revealed the following conditions.
♦ Forsyth Creek has no zero -flow restrictions per 15A NCAC 2B.0206 (d)(2).
♦ Forsyth Creek has a Class C stream classification.
♦ Forsyth Creek is not designated as impaired stream and has no
designated TMDLs.
♦ This section of Forsyth Creek has no presence of endangered species.
3.5 Combination of Alternatives
Neither the subsurface disposal or land application alternatives are viable for the
development due to unsuitable soil conditions. A combination of discharge and land
application or subsurface disposal could be effective if there were a neighboring
property for sale with suitable soil conditions, but this is not the case.
Brooks Engineering Associates, P.A.
BEA Project No. 326409
Engineering Alternatives Analysis
Miller Apartment Complex
F=

Therefore, the only feasible options for the development are to connect to the nearest
public collection system (with a connection point 0.87 miles from the subject site),
acquire neighboring property, and a surface discharge permit. Each of these options
are evaluated in Section 4.
Brooks Engineering Associates, P.A. Engineering Alternatives Analysis
BEA Project No. 326409 Miller Apartment Complex

4.0 Economic Evaluation of Alternatives
The Present Value of Costs Analysis (PVCA) for each disposal option is provided as
Attachment E. The economic evaluation of alternatives is for each of the wastewater
treatment options based upon the best available information. As the apartment
complex is existing, no development costs are provided. Essentially the wastewater
system would have to be financed by rent profits. Should the wastewater system
upgrade not be within a reasonable cost, the apartment complex would be abandoned,
resulting in loss of lower income housing for the community. The cost for construction
and operation is calculated for the project under the following scenarios:
1) extending sewer service to the nearest existing collection system (Marion Catawba
River facility);
2) a community subsurface drip system requiring additional land purchase;
3) a community wastewater irrigation system (surface drip) requiring additional land
purchase; and
4) an on -site recirculating sand filter system with a surface discharge permit.
Only Options 1 and 4 were determined to be feasible in Section 3.0 primarily due to
site limitations and soil constraints, so Options 2 and 3 are analyzed under the
incorrect assumption that the purchase of adjacent property is possible. Options 1 and
4 are analyzed without an additional land purchase as none is required. The
Engineers Opinion of Cost (EOC) for the development infrastructure is provided as
Attachment F. The infrastructure costs in the Engineer's Opinion of Cost are based
upon professional experience and data collected on previous regional projects. As all
of the infrastructure cost would be incurred in the initial year of the development, they
are all considered initial costs and therefore have no time value discounting and are
not included in the PVCA analysis.
The owner rents all 8 units in the apartment complex. The rental price for each unit is
$500 resulting in a gross annual income of $48,000. After all financing and expenses,
the owner profits approximately $12,000 annually. The upgrades to the WWTP must
be able to be financed with the annual profits of the apartment complex, or else the
Brooks Engineering Associates, P.A.
BEA Project No. 326409
Engineering Alternatives Analysis
Miller Apartment Complex
10

apartments will be abandoned, resulting in the loss of much needed affordable housing
for the area.
4.1 Connection to Existing Wastewater Treatment Plant
The nearest sewer connection is the Marion Catawba River facility (NC0087602)
currently operated by the City of Marion .The nearest connection point to this facility is
a pump station located off Seagle Road measured to be 0.87 of a mile from the subject
site.
The cost for the internal development sewer collection for the apartment complex is
not included in the PVCA for each disposal option, but it is included in the general
infrastructure costs for the development as the collection system would have to be
implemented with any of the wastewater options.
The references utilized for the cost basis are as follows:
♦ The price for sewer force main line is based upon professional experience
and data collected on previous regional projects. This data shows the
average cost for 8-inch sewer line installation is $38/foot installed. This
price includes materials and labor. It is assumed this would require one
pump station (as a result of the headloss in the 0.9 miles of piping) and
several road bores to cross the road. This price does not include any road
re -surfacing as it is assumed the line could be installed off of the edge of
pavement the entire length. This may or may not be true. Any road
repairs would add significant cost. The price per foot could increase to
over $100 per foot should road re -surfacing be required.
♦ The price for pump stations is based upon professional experience where
BEA has engineered similar pump stations to NC state standards. The
$150,000 price includes a diesel backup power generator.
♦ The costs of the impact fees were from City of Marion Public Works.
As the operation and maintenance of the WWTF, pump stations, and force main would
be performed by the City of Marion and are of no expense to Larry Miller, these costs
are not included in the PVCA. Sewage rates would be paid by tenants. However, the
Brooks Engineering Associates, P.A.
BEA Project No. 326409
Engineering Alternatives Analysis
Miller Apartment Complex
11

cost of the force main and pump station installation would be assumed by Larry Miller.
The route for the sewer extension analyzed is that shown on Figure 3 with
approximately 0.87 miles (4,594 ft).
The results of the PVCA show that the project can not possibly support the 0.9 mile
sewer extension is required, which would render it not an economically viable option.
This lengthy sewer extension would put undo hardship on the applicant and render his
land investment worthless. The PVCA for this option is provided in Attachment E.
4.2 Individual or Group Septic Systems
Individual and community septic systems are discussed in Section 3.2. Individual
septic systems are determined to be not a technically feasible option. A community
septic system is an option only with the purchase of additional neighboring property.
While no neighboring properties are available, this option is evaluated for economic
feasibility. The purchase price of $107,610 is determined from latest tax appraisal
data. It is determined in Section 3.2 that a minimum of 0.59 acres of land is required
for disposal plus additional acreage for set -backs and constructability. Assuming
property could be purchased, the northeastern adjoining lot (0.79 acres) would provide
the 0.59 acre.
The cost references utilized for the PVCA are as follows:
♦ The price for the wastewater treatment system is based upon vendor
pricing for a recirculating media system capable of delivering tertiary
treated effluent and includes materials, installation labor, and engineering.
♦ The price for the land application drip system is based upon vendor pricing
and includes materials, labor and engineering.
♦ Operation and maintenance costs are based upon professional
experience, except for electrical costs which are based upon state
requirements and vendor recommendations.
The results of the PVCA analysis demonstrate the project can not support this option,
even if any of the identified adjacent parcels are for sale. This renders this option
neither technically nor financially feasible.
Brooks Engineering Associates, P.A.
BEA Project No. 326409
Engineering Alternatives Analysis
Miller Apartment Complex
12

4.3 Reuse Land Application
Individual and group land application systems are determined to not be technically
feasible without additional land purchase. Section 3.3 identifies an additional minimum
of 0.50 acre would be required for disposal and setbacks. Assuming property could be
purchased, a portion of the adjoining northeastern lot would need to be purchased.
The on -site collection and pump system are again the same for any of the treatment
options and this cost is not included in the PVCA, but is considered in the return on
investment analysis. The general infrastructure costs for the collection system in the
development would have to be implemented with any of the wastewater options, with
the exception of individual septic systems, and the cost is the same with each option,
except where otherwise noted.
Treatment of the effluent is to be performed by a recirculating media system capable of
delivering tertiary treatment standards. The effluent is then distributed to a drip
irrigation system located on the northeastern adjoining lot. The drip system will have
to be dosed by an additional pump station and have a disc filtration and monitoring
system.
The cost references utilized for the PVCA are as follows:
♦ The price for the extended a small aerobic packed media filtration system
is based upon vendor pricing and includes materials, installation labor,
and engineering.
♦ The price for the land application drip system is based upon vendor pricing
and includes materials, labor and engineering.
♦ Operation and maintenance costs are based upon professional
experience, except for electrical costs which are based upon state
requirements and vendor recommendations.
The results show the project can not support this option. Also, as no additional
neighboring acreage is available, this disposal option is rendered not technically
feasible nor financially feasible.
Brooks Engineering Associates, P.A.
BEA Project No. 326409
Engineering Alternatives Analysis
Miller Apartment Complex
13

4.4 Direct Discharge to Surface Waters
This alternative is identified as technically viable and is analyzed for economic
feasibility. The Present Value of Costs Analysis is provided as Attachment E.
The proposed treatment technology is a recirculating media filtration unit. The
proposed plant is an E=Z TreatTM system in which septic tank effluent is dosed
approximately 36 times a day over a high surface area synthetic media for aerobic
biodegradation. The technology is capable of attaining tertiary treatment limits. The
system has a dual treatment train to allow for duplicity in the system and provide
backup treatment in an emergency situation. The system will be equipped with tablet
disinfection. A brochure for this technology is provided as Attachment G.
The references utilized for the PVCA are as follows:
♦ The price for the EZ-Treat system is based upon vendor pricing and
includes, materials, labor, engineering, and backup power.
♦ Operation and maintenance costs are based upon professional
experience, except for electrical costs which are based upon vendor
recommendations. (Electrical costs for the E-Z Treat system are less than
that of an extended air system as there are no blowers).
The results of the PVCA demonstrate this disposal option to be economically viable
with a 42% Return on Investment.
4.5 Combinations of Alternatives
As all soil disposal options require the purchase of additional land, which is not
available, no combinations of alternatives are deemed technically or economically
feasible.
Brooks Engineering Associates, P.A.
BEA Project No. 326409
Engineering Alternatives Analysis
Miller Apartment Complex
14

5.0 FIGURES
1 — Development Site Plan
2 — General Site Location Map and
Discharge Location Map
3 — Neighboring Discharge Facility Locations

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detail on Sheet WW-2.
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� 1.98 (See Detail on Sheet WW-2)
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PROPERTY
o bedroom units; 120'2' 8 = 1920j
gpd/ t-2 = 384 sq.fL
NORTHSTAR PROPERTIES LIMITED PARTN
D.B. 485, PG. 708
'is set forth in the Laws and Rules of Sewage Treatment and
�aalth and Natural Resources dated August 3,1996 and
:. Building Code and be approved by the McDowell County
LEGEND Iroject Engineer and McDowell County Department of
I
fed. See'TechnIcalBulletin for General Permit
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SITE LOCATION MAP
FIGURE 2

5.3 NEIGHBORING DISCHARGE FACILITY LOCATIONS

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EXISTING TREATMENT PLANT MAP
FIGURE 3

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6.0 ATTACHMENTS
Attachment A - Local Government Review Form
Attachment B — Denial Letter from McDowell County
Environmental Health Department
Attachment C — BEA Soil Scientist Report
Attachment D — Drainfield and Irrigation Required
Acreage Calculations
Attachment E — Present Value Cost Analysis
Attachment F — Engineer's Opinion of Cost for Infrastructure
Attachment G — Proposed Treatment Technology Brochure

ATTACHMENT A
LOCAL GOVERNMENT REVIEW FORM

Attachment A. Local Government Review Form
General Statute Overview: North Carolina General Statute 143-215.1 (c)(6) allows input from local governments in the issuance
of NPDES Permits for non -municipal domestic wastewater treatment facilities. Specifically, the Environmental Management
Commission (EMC) may not act on an application for a new non -municipal domestic wastewater discharge facility until it has
received a written statement from each city and county government having jurisdiction over any part of the lands on which the
proposed facility and its appurtenances are to be located. The written statement shall document whether the city or county has a
zoning or subdivision ordinance in effect and (if such an ordinance is in effect) whether the proposed facility is consistent with the
ordinance. The EMC shall not approve a permit application for any facility which a city or county has determined to be
inconsistent with zoning or subdivision ordinances unless the approval of such application is determined to have statewide
significance and is in the best interest of the State.
Instructions to the Applicant: Prior to submitting an application for a NPDES Permit for a proposed facility, the applicant
shall request that both the nearby city and county government complete this form. The applicant must:
■ Submit a copy of the permit application (with a written request for this form to be completed) to the clerk of the city and
the county by certified mail, retain receipt requested.
■ If either (or both) local government(s) fail(s) to mail the completed form, as evidenced by the postmark on the certified
mail card(s), within 15 days after receiving and signing for the certified mail, the applicant may submit the application to
the NPDES Unit.
• As evidence to the Commission that the local govemment(s) failed to respond within 15 days, the applicant shall submit a
copy of the certified mail card along with a notarized letter stating that the local government(s) failed to respond within the
15-day period.
Instructions to the Local Government: The nearby city and/or county government which may have or has jurisdiction over
any part of the land on which the proposed facility or its appurtenances are to be located is required to complete and return this
form to the applicant within 15 days of receipt. The form must be signed and notarized.
Name of local government Q 1 d
I (City/County)
Does the city/county F
jurisdiction over any part of the land on which the proposed facility and its appurtenances are to be
located? Yes [ ] No If no,please sign this form, have it notarized, and return it to the applicant.
Does the city/county have in effect a zoning or subdivision ordinance? Yes [ ] No [ ]
If there is a zoning or subdivision ordinance in effect, is the plan for the proposed facility consistent with the ordinance? Yes [ ]
No [ ]
Date I- Signature�;��
�I 11��J bj ,�►qc �
( ity Manager/C anager) J
State of N 0 JZN CJQ ED L ► )3 M , County of MST) Q W E L l_
On this 97l-) day of 6 Eb-1-o6m 601? , personally appeared before me, the said
name 7K_. 1ROB ar �s OU G�' to me known and known to me to be the person described in
and who executed the foregoing document and he (or she) acknowledged that he (or she) executed the same and being duly sworn
by me, made oath that the statements in the foregoing document are true.
My Commission expires wic _ � � aJ .(Signature of Notary Public Nx l 3
Notary Public (Official Seal)
DE@RA W SHERLIM
Notary Public
Mc Onto CCU*
"#I C=ft
� " ZO 3
EAA Guidance Document Version: June 23, 2005

The Local Government Review Form sent to the county has not been received as of
September 30, 2009. A copy of the Domestic Return Receipt has been attached below.
■ Complete items 1, 2, and 3. Also complete A.
item 4 if Restricted Delivery is desired. X
■ Print your name and address on the reverse
so that we can return the card to you. B.
■ Attach this card to the back of the mailpiece,
or on the front if space permits.
1. Article Addressed to: /
C4A-�,, e k3eo- r\J*T14 T
Q Agent
r delivery address differenf from item 17 Oyes
If YES, enter delivery address below: ❑ No
S. Service Type
❑ Certified Mail ® Express Mail
❑ Registered ❑ Return Receipt for Merchandise
❑ Insured Mail ❑ C.O.D.
4. Restricted Delivery?(Extra Fee) ❑ Yes
2. Article Number
(Transfer from service label) 7009 1680 0 0 61 6087 9925
PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540

ATTACHMENT B
DENIAL LETTER FROM McDowell COUNTY
ENVIRONMENTAL HEALTH DEPARTMENT

BROOKS Planning & Project Management / Civil Engineering / Surveying
Soil Science Services I Environmental Engineering & Services
ENGINEERING ASSOCIATES 17 Arlington Street / Asheville NC 28801 / www.brooksea.com / 828-232-4700
There have been several attempts to contact the McDowell County Health Department
regarding the denial of conventional sub -surface discharge systems. The Health
Department will not return any calls or provide correspondence regarding this project.
The Local Government Review Form was sent certified mail with a domestic return
receipt with a dated delivery of September 9, 2009. As of September 30, 2009 that form
has not been received by Brooks Engineering Associates, P.A. A copy of this receipt has
been provided in previous section of this submittal.

ATTACHMENT C
BEA SOIL SCIENTIST REPORT

Land Planning Civil Engineering Surveying Environmental Services Soil Science Services
April 22, 2009
Larry Miller
G.E.M. Constructors, Inc.
2024 Nix Creek Road, Suite A
Marion, North Carolina 28752
Attention: Mr. Miller
Regarding: Report of Findings Soils Evaluation
2041 U.S. Highway 70
McDowell County, NC
Dear Mr. Miller,
Walker B. Ferguson of Brooks Engineering Associates (BEA) conducted a soils investigation on
a 1.34 acre tract located at 2041 Highway 70 McDowell County, North Carolina. This
investigation was conducted at the request of Mr. Miller. The purpose of the soil study was to
determine if any land based wastewater options were available for an eight two-bedr000m unit
apartment complex. The apartment complex is currently being served by a sand filter and surface
water discharge system which is in failure.
Fieldwork was conducted using the following tools and methods. A 3-inch hand auger, a knife,
and a sharpshooter shovel were used to examine the soil. A Suunto clinometer was used to
measure soil slope.
Recommendations are based on, but not limited to, observations made and data collected on
topography, landscape position, parent material, underlying geology, and soil characteristics.
Soil characteristics include, but are not limited to, depth to a seasonal high water table (SHWT),
depth to a restrictive horizon, total soil depth, soil horizonation, soil structure, soil color, clay
mineralogy, bulk density, consistence, plasticity, stone content, and percent sand, silt, clay, and
mica. They follow the guidelines set forth in the North Carolina Laws and Rules for Sewage
Treatment and Disposal Systems, laws amended effective December 19, 20'01, and rules
amended effective June 1, 2006. Grading which occurs subsequent to this fieldwork renders the
soil investigation in the graded area null and void.
17 Arlington St. Asheville, NC 28801 www.brooksea.corn ph.828.232.4.700 fx.828.232.1331

RESULTS AND DISCUSSION
• BEA found Mr. Millers tract to be unsuitable for any surface or subsurface wastewater
disposal system. The site is unsuitable for a subsurface wastewater system due to a
shallow Seasonal High Water Table (SHWT) and insufficient area to support the 1920
gal/per/day (gpd) design flow. This tract does not meet setback requirements for surface
drip irrigation to be considered.
• BEA concludes that the only feasible alternative for the 1920 gpd is a pre-treated surface
water disposal system into the stream northwest of the apartment complex.
Thank you for the opportunity of presenting this information to you. If we can be of further
assistance, please feel free to call.
Sincerely,-�
Walker B. Ferguson
Licensed Soil Scientist
2

References:
North Carolina Department of Environment, Health, and Natural Resources, Division of
Environmental Health, On -Site Wastewater Section. 1998. Laws and Rules for Sewage
Treatment and Disposal Systems, section .1956(6). P.O. Box 27687, Raleigh, NC, 27611-
7687.
2. North Carolina Department of Environment, Health, and Natural Resources, Division of
Environmental Health, On -Site Wastewater Section. 1996. Procedures and Information
Required for Approval of Large Subsurface Wastewater Systems. P.O. Box 27687, Raleigh,
NC, 27611-7687.
3. North Carolina Department of Environment, Health, and Natural Resources, Division of
Environmental Management. 1996. Administrative Code Section: 15A NCAC 2H.0200 —
Waste Not Discharged to Surface Waters. Environmental Management Commission,
Raleigh, NC
3

ATTACHMENT D
DRAINFIELD & IRRIGATION FIELD REQUIRED
ACREAGE CALCULATIONS

Brooks Engineering Associates
www.brooksea.com 17 Arlington St. Asheville, NC 28801 ph.828.232.4700 fx.828.232.1331
Land Planning Civil Engineering Surveying Environmental Services
Project Name V>S. IAWj '10 E Ae?Aiym&, Qfgcejr- Project Number 32.61400)
9
By ?�S Date —XOJ-� 6 2 9 Sheet_ of
SubjectOPrao,) CAu,)t-.A7'Io,15
l 92.0 GPD 0.2- PD/fir.. = 9 bno SP
x S.-Fog, -t �cr-� SP I (� .- f �Z S J e 0 o 5 F
X I Fog— P M i l 2 AREA = 5`7 J.. 6 0 d 5 F 1. 32_ ACES.
AssL)me- ®® 1.5 &P©JS.F 1-.c����a(� PATE_.
1 j92.® GPp �
0.15 �Pp f SF �
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. SO P FA cE
At5sOML.. I Ic4.R/v-JEEt< PA-TE
I/��O GQD =- O, oa5 GPI)/- -' = z1j5-73 ,� = O.S0 Ac.{z_F-

ATTACHMENT E
PRESENT VALUE COST ANALYSIS

I Connection to Existing Sewer System Option - Marion Catawba River WWTF
Units No. Units Cost/Unit Cost
Construction
Installation of Gravity Sewer Line - Offsite
feet
0
$151.5
$0
Installation of Force main Line
feet
4593
$38
$174,534
Installation of Pump Stations
each
1
$150,000
$150,000
Underground Road boring
per crossing
2
$6,000
$12,000
subtotal
$336,534
Easements & Legal fees
Marion Tap Fee ($2,520/unit)
per
8
$2,520
$20,160
Engineering & Carry Costs
Engineering, Surveying & Permitting Fees
$45,000
Operation & Maintenance (Pump Stations)
Contract O&M (included above)
$0.00
Electricity & Parts (included above)
$0.00
PRESENT VALUE ANALYSIS FOR SEWER EXTENSION SCENARIO
Present Value (PV) = Co + Zn Ci/(1+r)t
where: Co = Initial Costs in present year
C1= costs incurred in time t
t = time period after present year
n = ending year of facility life
r = current EPA discount rate
Year Expenditure
0 Original Land Acquisition & Development Costs
1 Cost of Sewer Extension
2 Finance Charges (Annualized)
3 Finance Charges (Annualized)
4 Finance Charges (Annualized)
5 Finance Charges (Annualized)
6 Finance Charges (Annualized)
7 Finance Charges (Annualized)
8 Finance Charges (Annualized)
9 Finance Charges (Annualized)
10 Finance Charges (Annualized)
1 Finance Charges (Annualized)
11 Finance Charges (Annualized)
12 Finance Charges (Annualized)
13 Finance Charges (Annualized)
14 Finance Charges (Annualized)
15 Finance Charges (Annualized)
16 Finance Charges (Annualized)
17 Finance Charges (Annualized)
18 Finance Charges (Annualized)
19 Finance Charges (Annualized)
20 Finance Charges (Annualized)
Return on Investment Analysis
20 year Cost PV
20 Year Income PV
Return on Investment
4.875%
Incremental
Total
Incremental
Total
Cash
Cost PV
Cost PV
Income PV
Income PV
$0
$0
$0
$12,000
$401,694
$383,022
$383,022
$11,442
$11,442
$22,897
$20,817
$403,839
$10,403
$21,845
$21,691
$18,805
$422,644
$9,019
$30,864
$20,486
$16,935
$439,579
$7,455
$38,319
$19,281
$15,198
$454,776
$5,876
$44,196
$18,076
$13,586
$468,362
$4,416
$48,612
$16,871
$12,090
$480,452
$3,165
$51,777
$15,666
$10,705
$491,157
$2,163
$53,940
$14,461
$9,422
$500,579
$1,409
$55,349
$13,256
$8,235
$508,815
$875
$56,224
$12,051
$11,491
$520,306
$835
$57,059
$22,897
$13,564
$533,869
$494
$57,553
$10,846
$6,126
$539,996
$279
$57,833
$9,641
$5,192
$545,188
$150
$57,983
$8,436
$4,332
$549,520
$77
$58,060
$7,230
$3,541
$553,061
$38
$58,098
$6,025
$2,813
$555,874
$18
$58,116
$4,820
$2,146
$558,020
$8
$58,124
$3,615
$1,535
$559,555
$3
$58,127
$2,410
$976
$560,531
$1
$58,129
$1,205
$465
$560,996
$1
$58,129
Present Value $560,996 $58,129
$560,995.92
$58,129.06
-865.09%
Brooks Engineering Associates, P.A. p. 1 of 4

II Community Subsurface Drip System
Item
Units
No. Units
Cost/Unit
Cost
Land Acquisition
Initial Purchase (NE Adjoining 0.79 Acre Parcel)
Lot
1
$107,610
$107,610
Subtotal
$107,610
Construction
1920 gpd WWTP
per
1920
$12
$23,040
Irrigation Controls & Pumping system
per
1,920
$8
$15,360
Transfer piping to irrigation fields
ft.
1,750
$12
$21,000
Irrigation line and heads
lin. ft.
16,875
$2.50
$42,188
Subtotal
$101,588
Annual Operation & Maintenance
Recommended operator checks
per visit
4
$150
$600
Laboratory
per visit
4
$200
$800
Pump outs
per visit
1
$500
$500
Electrical
per month
12
$150
$1,800
Subtotal
$3,700
5 Year Capital Improvements
Pump & line repairs
Estimate
1
$2,500
$2,500
Salvage Value (20% of original cost)
$20,318
PRESENT VALUE
ANALYSIS FOR LAND APPLICATION SCENARIO
Present Value (PV) = Co + T-n Ctl(1+r)t
where: Co = Initial Costs in present year
Ct = costs incurred in time t
t = time period after present year
n = ending year of facility life
r = current EPA discount rate
4.875%
Incremental
Incremental
Year
Expenditure
Cash
Cost PV
Income PV
0
Original Land Acquisition & Development Costs
$107,610
$107,610
$12,000
1
System Construction
$101,588
$96,865
$11,442
2
O&M
$3,700
$3,364
$10,910
3
O&M
$3,700
$3,208
$10,403
4
O&M
$3,700
$3,059
$9,920
5
O&M
$3,700
$2,916
$9,458
6
O&M & Capital Improvements
$6,200
$4,660
$9,019
7
O&M
$3,700
$2,652
$8,600
8
O&M
$3,700
$2,528
$8,200
9
O&M
$3,700
$2,411
$7,819
10
O&M
$3,700
$2,299
$7,455
11
0&M & Capital Improvements
$6,200
$3,673
$7,109
12
O&M
$3,700
$2,090
$6,778
13
O&M
$3,700
$1,993
$6,463
14
O&M
$3,700
$1,900
$6,163
15
O&M
$3,700
$1,812
$5,876
16
0&M & Capital Improvements
$6,200
$2,895
$5,603
17
0&M
$3,700
$1,647
$5,343
18
O&M
$3,700
$1,571
$5,094
19
O&M
$3,700
$1,498
$4,858
20
O&M - Salvage Value
-$16,618
-$6,414
$4,632
Present Value Cost $244,235 $163,144
Return on Investment Analysis
20 year Cost PV $244,235.28
20 Year Income PV $163,144.32
Return on Investment -49.71 %
Brooks Engineering Associates, P.A. p. 2 of 4

III Reuse Land Application
Item Units No. Units Cost(mt Cost
Land Acquisition
Initial Purchase (NE Adjoining 0.79 Acre Parcel) Lot
$107,610 $107,610
Subtotal $107,610
Construction
1920 gpd WWTP
per
1920
$12
$23,040
5-day lined upset pond
gal
9600
$0.25
$2,400
30-day Wet weather storage pond
gal
57600
$0.25
$14,400
Irrigation Controls & Pumping system
per
1,920
$8
$15,360
Transfer piping to irrigation fields
ft.
1,750
$12
$21,000
Irrigation line and heads
lin. ft.
16,875
$2.50
$42,188
Subtotal
$118,388
Annual Operation & Maintenance
Recommended operator checks
per visit
12
$35
$420
Laboratory
per visit
12
$200
$2,400
Pump outs
per visit
1
$500
$500
Electrical
per month
12
$150
$1,800
Subtotal
$5,120
5 Year Capital Improvements
Pump & line repairs
Estimate
1
$2,500
$2,500
Salvage Value (20% of original cost)
$23,678
PRESENT VALUE ANALYSIS FOR LAND APPLICATION SCENARIO
Present Value (PV) = Co + yC'1(1+r)t
where: Co = Initial Costs in present year
Ct= costs incurred in time t
t = time period after present year
n = ending year of facility life
r = current EPA discount rate
4.875%
Incremental
Incremental
Year Expenditure
Cash
Cost PV
Income PV
0 Original Land Acquisition & Development Costs
$107,610
$107,610
$12,000
1 System Construction
$118,388
$112,884
$11,442
2 O&M
$5,120
$4,655
$10,910
3 O&M
$5,120
$4,439
$10,403
4 O&M
$5,120
$4,232
$9,920
5 O&M
$5,120
$4,036
$9,458
6 O&M & Capital Improvements
$7,620
$5,727
$9,019
7 O&M
$5,120
$3,669
$8,600
8 O&M
$5,120
$3,499
$8,200
9 O&M
$5,120
$3,336
$7,819
10 O&M
$5,120
$3,181
$7,455
11 O&M & Capital Improvements
$7,620
$4,514
$7,109
12 O&M
$5,120
$2,892
$6,778
13 O&M
$5,120
$2,758
$6,463
14 O&M
$5,120
$2,629
$6,163
15 O&M
$5,120
$2,507
$5,876
16 O&M & Capital Improvements
$7,620
$3,558
$5,603
17 O&M
$5,120
$2,280
$5,343
18 O&M
$5,120
$2,174
$5,094
19 O&M
$5,120
$2,073
$4,858
20 O&M- Salvage Value
-$18,558
-$7,163
$4,632
Present
Value Cost
$275,489
$163,144
Return on Investment Analysis
20 year Cost PV
$275,488.89
20 Year Income PV
$163,144.32
Return on Investment
-68.86%
Brooks Engineering Associates, P.A. p. 3 of 4

IV Surface Discharge WWTP
Item Units No. Units Cost/Unit Cost
Land Acquisition
Initial Purchase acres 0 $0 $0
Subtotal $0
Construction
1920 gpd WWTP per 1920 $18 $34,560
Subtotal $34,560
Annual Operation & Maintenance
Recommended operator checks
per visit
12
$35
$420
Laboratory
per visit
12
$200
$2,400
Pump outs
per visit
1
$500
$500
Electrical
per month
12
$150
$1,800
Subtotal
$5,120
5 Year Capital Improvements
Pump & line repairs
Estimate
1
$2,500
$2,500
Salvage Value (20% of original cost)
$6,912
PRESENT VALUE ANALYSIS FOR LAND APPLICATION SCENARIO
Present Value (PV) = Co + Zn Ct/(1+r)t
where: Co = Initial Costs in present year
Ct = costs incurred in time t
t = time period after present year
n = ending year of facility life
r = current EPA discount rate
Year Expenditure
0 Original Land Acquisition & Development Costs
1 System Construction
2 O&M
3 O&M
4 O&M
5 O&M
6 O&M & Capital Improvements
7 0&M
8 O&M
9 O&M
10 O&M
11 0&M & Capital Improvements
12 O&M
13 O&M
14 O&M
15 O&M
16 O&M & Capital Improvements
17 O&M
18 O&M
19 O&M
20 O&M - Salvage Value
Return on Investment Analysis
20 year Cost PV
20 Year Income PV
Return on Investment
4.875%
Incremental
Incremental
Cash
Cost PV
Income PV
$0
$0
$12,000
$34,560
$32,954
$11,442
$5,120
$4,655
$10,910
$5,120
$4,439
$10,403
$5,120
$4,232
$9,920
$5,120
$4,036
$9,458
$7,620
$5,727
$9,019
$5,120
$3,669
$8,600
$5,120
$3,499
$8,200
$5,120
$3,336
$7,819
$5,120
$3,181
$7,455
$7,620
$4,514
$7,109
$5,120
$2,892
$6,778
$5,120
$2,758
$6,463
$5,120
$2,629
$6,163
$5,120
$2,507
$5,876
$7,620
$3,558
$5,603
$5,120
$2,280
$5,343
$5,120
$2,174
$5,094
$5,120
$2,073
$4,858
-$1,792
-$692
$4,632
Present Value Cost
$94,419 $163,144
$94, 419.10
$163,144.32
42.13%
Brooks Engineering Associates, P.A. p. 4 of 4

ATTACHMENT F
ENGINEER'S OPINION OF COST
FOR INFRASTRUCTURE

Engineer's Opinion of Cost
BEA Project#
326409
---------------------------------
---------------------------------
Component
---------------------------------
---------------------------------
---------- ----
---------- ----
Unit
---------- ----
---------- ----
----------- ----------------
----------- - ---------------
Unit Price
----------- ----------------
----------- ----------------
Cost
2000 Gallon Septic Tank
1 EA
$3,500.00
$3,500.00
3000 Gallon Pump Tank
1 EA
$4,500.00
$4,500.00
Pump System
1 EA
$2,800.00
$2,800.00
Sand Filter Enclosure
1 EA
$17,500.00
$17,500.00
Ratio Box
1 EA
$600.00
$600.00
Tablet Feeder
2 EA
$800.00
$1,600.00
Contact Chamber
1 EA
$1,000.00
$1,000.00
Cascade Aerator
1 EA
$1,500.00
$1,500.00
4" PVC Pipe
150 LF
$10.40
$1,560.00
Total Cost: $34,560.00

ATTACHMENT G
PROPOSED TREATMENT TECHNOLOGY BROCHURE

010-DYNRMIC' ,
FOR MODEL LF 1000, MODEL LF 2000, MODEL LF
INSTALLATION AND OPERATION MANUAL
INTRODUCTION
Bio-Dynamic LF Series tablet feeders are complete dry
chemical dosing systems for water, wastewater, stormwater
and process water treatment. They are designed to provide
automatic control over the chemical application rate and
maximize installation flexibility. The LF Series tablet feeders
consists of five separate models to accommodate flows
ranging from less than 100 GPD through 400,000 GPD and
chemical dosage ranging from
1 to 50 mg/L, depending upon
the general component
configuration, daily flow rate and
the type of chemical tablets
applied. All models of LF Series
tablet feeders are manufactured
from durable PVC and can be
solvent welded to Schedule 40
PVC piping. When properly
installed, Bio-Dynamic tablet
feeders will provide long term,
unattended operation and
precise chemical application
throughout their rated flow
ranges. Please familiarize
yourself with the contents of this
manual before proceeding with
installation and operation.
SYSTEM APPLICATION
Bio-Dynamic LF Series tablet
feeders are designed to feed
2 5/a" diameter chemical tablets
in gravity flow applications.
These tablet feeders are not to
be used for pressurized
applications and must have a
gravity outflow. Common
applications for the LF Series
tablet feeders are treating flows from septic tanks; aerobic
treatment units; sand filters; rock reed filters; curtain drains;
constructed wetlands; marine sanitation devices (MSD);
individual, community and municipal drinking water systems;
process water systems; reservoirs; water towers; cooling
towers and irrigation systems. All LF Series tablet feeders
can be installed in -line at or below grade.
HOW THE LF SERIES TABLET FEEDERS WORK
Bio-Dynamic LF Series tablet feeders are flow rated
proportional chemical dosing units. Flow to be treated enters
the tablet feeders through the integral inlet hub. The liquid
then proceeds to the flow deck where the chemical tablets
are contained in one to four chemical feed tubes. The number
of chemical feed tubes varies by model. The flow deck has
three different levels (tiers) which accommodate varying
hydraulic loads and properly
channel liquid to the chemical
tablets. Active chemicals are
released into the flow stream as
the liquid erodes the tablets.
When the incoming flow rate
increases, the liquid level in the
tablet feeder rises. The increase
in liquid level causes the flow to
contact more tablets, thereby
providing the additional chemical
release required for consistent
treatment. As the flow
decreases, it contacts fewer
tablets, reducing the chemical
dosage. After contact with the
chemical tablets, properly
treated liquid exits the tablet
feeder through the outlet hub.
SYSTEM PERFORMANCE
Bio-Dynamic LF Series tablet
feeders are listed as a chlorine
dispenserfor secondary effluent
from residential wastewater
treatment systems under NSF/
ANSI Standard 46. Certification
requires the use of Norweco
Blue Crystal or Bio-Sanitizer
disinfecting tablets and a
chlorine contact tank of at least 111/2 gallons. Contact tank
retention time must comply with the controlling regulatory
jurisdiction. USEPA guidelines state "On the average,
satisfactory disinfection of secondary wastewater effluent
can be obtained when the chlorine residual is 0.5 ppm after
15 minutes contact." Significantly greater contact time can
decrease disinfection efficiency and allow bacteria regrowth.

GENERAL INSTALLATION INSTRUCTIONS
Bio-Dynamic LF Series tablet feeders can be installed into
any gravity flow water supply or wastewater treatment
system. When used for potable water disinfection, the feeder
is typically installed at grade following final filtration and just
prior to a storage or detention tank. For wastewater
disinfection applications, the tablet feeder is installed
following clarification and prior to or in a chlorine contact
tank. Installation can be at grade or direct buried. For
dechlorination, feeders can be installed in or immediately
following the chlorine contact tank. When chlorinating and
dechlorinating effluent, two separate Bic -Dynamic tablet
feeders must be installed. Do not mix chlorination and
dechlorination tablets within the same tablet feeder.
FIGURE A
,I
o
i� III i� III i� III
Womff7i GC'-C7G'Gl
O O
LF 3000 TABLET FEEDER WITH MOUNTING
BRACKETS
CHAMBER MOUNTING BRACKETS
Integrally molded inlet and outlet hubs allow direct connection
of the tablet feeder to Schedule 40 PVC piping. Adaptor
couplings should be used, if necessary, to modify piping
diameters and insure a secure piping connection to the tablet
feeder. The effluent line must allow for a Ya" fall per linear
foot of run along the entire piping run. All tablet feeders
must be installed plumb and level to insure proper operation.
Place a bubble level on the feeder before final installation to
confirm the unit is plumb and level, side to side and end to
end. Always recheck level after installation.
11►F�����li❑� �I��lll�7�
LF Series tabletfeeders can be installed at grade, in -line or
mounted in the contact tank of a water or wastewater
treatment system. The installation should be accessible for
routine operator maintenance. To mount the unit, use 5/4'
diameter corrosion resistant bolts to secure the four
integrally molded mounting feet to the deck of the contact
tank, concrete pad or mounting brackets, as required. For
contact tank installations, use PVC or aluminum mounting
brackets to prevent corrosion (See Figure A).
DIRECT BURIAL INSTALLATION
All models of LF Series tablet feeders may be installed below
grade without a manhole or secondary enclosure. Prepare
an excavation to the proper depth (See Figure B), including
a sand or fine gravel leveling pad at least 4" thick. The
tablet feeder must be supported by this pad before inlet and
outlet piping is attached to the feeder. Excavated trenches
should be smooth and free of debris to prevent damage to
the pipe. Connecting lines should be laid continuously and
unspliced to undisturbed earth beyond the limits of the
excavation (See Figure C). Schedule 40 PVC, cast iron or
similar materials may be used, subject to the approval of
local codes. Solvent weld the inlet and outlet lines to the
inlet and outlet hubs using PVC primer and cement. A 4"
Schedule 40 PVC pipe with tamper -proof cap (not supplied)
will be used as a riser to grade. Connect the pipe to the
riser hub using PVC primer and cement. Do not cement the
cap. Check the system for plumb and level from side to
side, end to end and vertically along the riser pipe. Backfill
the excavation. Fine, loose fill should be used to backfill
the excavation and plumbing line trenches. Exercise care
when backfilling. Finished grade should be at least 3" below
the top of the riser pipe and should slope away for surface
drainage. Recheck that the feeder is plumb and level.
EXISTING SYSTEM RETROFIT
If the existing treatment system piping is in good condition,
the feeder can be fitted directly into the appropriate location.
When installing a tablet feeder into an existing disinfection
system, it is recommended that the chlorine contact tank
be pumped and thoroughly cleaned with a diluted bleach
solution priorto installation of the feeder. Failure to properly
clean the contact tank may result in inadequate disinfection
of the wastewater. It is also necessary to inspect all
upstream and downstream treatment components to confirm
that they are installed and functioning properly.

TIERED FLOW DECK
A multi -tiered flow deck is incorporated in all LF Series tablet
feeders. This allows consistent chemical application to low,
sustained, variable, intermittent and surge flows. Liquid is
channeled through the three tiers of the flow deck in proportion
to the hydraulic load (See Figure D). The lowest tier of the
flow deck is the inert drainage tier. The inert drainage tier
directs liquid to the feed tube during low flow conditions and
forms a drainage channel to dry the tablets when there is no
flow. As the flow increases, the liquid is channeled through
the intermediate flow tier. This tier directs the increased
flow to the chemical tablets and allows more tablets to
contact the liquid. At higher flow rates, the liquid rises to
the upper flow tier. The upper tier dissipates excess flow
velocity and produces a consistent chemical dosage. The
flow deck incorporates a retaining ring with locating ribs for
the feed tubes. The locating ribs engage positioning slots
in the feed tube to secure the tube in the proper installation
position for the feeder's rated capacity.
FIGURE C
= o
0
=
FIRMLY SUPPORT WITH GRAVEL PAD PRIOR TO
INSTALLATION OF INLET AND OUTLET PIPING
CONTINUOUS AND UNSPLICED TO UNDISTURBED EARTH
LEVEL FEEDER SIDE TO SIDE AND END TO END
CONTINUOUS AND UNSPLICED
CLEARCHECK° FEED TUBE AND CAP
The LF Series tablet feeders are equipped with molded,
chemical feed tubes with twist lock caps. Each feed tube and
cap are constructed of NSF/ANSI Standard 61 listed PVCfor
durability and long life. The feed tube is manufactured with
the translucent ClearCheck design. This design allows the
operator or service providerto determine whethertablet refill
is required simply byvisual inspection without removing the
tube from the feeder. The feed tube utilizes chemical tablets
with the nominal weight and dimensions of 5 ounces, 25/s"
diameter and 13/16" to 1" height. Slots molded directly into the
bottom of the feed tube allow the chemical tablets to dry
during intermittent or prolonged no flow periods. The twist
lock cap fits securely inside the chemical feed tube to allow
convenient installation of the tube and cap within a 4"
Schedule 40 PVC riser pipe.
REMOTE REMOVAL SYSTEM
A remote removal system is available for direct burial
installations to allow for safe removal, recharge and
reinstallation ofthe feed tube from grade. The remote removal
system consists of a top -threaded feed tube cap, one
extension and one handle. For use, replace the standard cap
with the top -threaded cap. The top -threaded cap locks into
the feed tube, then the extension and handle are threaded
onto the top of the new cap (See Figure E). Additional
extensions are available for deeper installations and can be
added or removed anytime. The extension(s) and handle
remain in place during system operation and standard feed
tube filling instructions apply.
FILLING AND INSTALLING THE FEED TUBE
Before handling any chemical tablets, carefully read the
product container label and the CAUTION section of these
instructions. When filling the feed tube, always wear rubber
gloves and safety goggles or a face shield for proper
protection. Followall handling instructions forthe chemical
tablets used. To fill the feed tube, remove it from the feeder.
Rinse the feed tube and cap thoroughly with freshwater. Dry
as required. Hold the tube, slotted end up, at a 30' to 45'
angle and slide the chemical tablets into the open feed tube,
one tablet at a time. Insure that each tablet lies flat, against
the next and evenly on top of one another, in the feed tube
(See Figure F). Use a gloved hand to retain the tablets inside
the open end of the inverted tube until it has been evenly and
completely filled. Carefully return the tube to the upright
position. Replace the cap and slide the feed tube into the
body of the feeder, slotted end down. The slots in the bottom
of the feed tube must properly engage the locating ribs
molded into the flow deck. Be sure the feed tube is fully
engaged within the feeder and rests evenly cn the flow deck.
Utilize the Chemical Consumption Record on the back of this
manual to track the chemical refill pattern.

BIO-SANITIZER° DISINFECTING TABLETS
If the tablet feeder is to be used forth disinfection of water
or wastewater, a (10 lb., 25 lb., 45 lb. or 100 lb.) supply of
Bio-Sanitizer disinfecting tablets is available from your local
distributor. Bio-Sanitizer tablets insure dependable
disinfection for water and wastewater treatment system flow
and other applications where a predictable long-term source
of chlorine is desirable. The tablets are manufactured from
pure calcium hypochlorite and contain at least 70% available
chlorine. Bio-Sanitizer disinfecting tablets are registered
with the USEPA for water and wastewater treatment. The
tablets incorporate beveled edges to enhance the chemical
dissolution pattern, providing effective and economical
bacteria killing power. Each tablet is 25/s" diameter,
compressed to a 13/16" thickness, has an approximate weight
of 5 ounces and is white in color for easy identification. The
chemical application rate of Bio-Sanitizer tablets remains
consistent at peak flow factors as high as four.
FIGURE E
q q
� P9
I I I I
II I II I� I I
REMOTE REMOVAL HANDLES AND CAP
BLUE CRYSTAL° DISINFECTING TABLETS
If the tablet feeder is to be used for the disinfection of
residential wastewater, a (10 lb. or 100 lb.) supply of Blue
Crystal residential disinfecting tablets is available from your
local distributor. Blue Crystal tablets are the first disinfectant
that has been specifically developed for use in residential
wastewater treatment applications. Formulated to maintain
positive disinfection during the low, sustained, variable and
intermittent flow rates that are common to residential
wastewater treatment systems, Blue Crystal tablets are
produced with a proprietary beveled edge design to enhance
the chemical dissolution pattern. Each tablet is 25/a"
diameter, compressed to a 1"thickness, has an approximate
weight of 5 ounces and is white in color with blue crystals
for easy identification. Containing a minimum of 70%
available chlorine, Blue Crystal tablets are registered with
the USEPAfor wastewater treatment.
BIO-MAX° DECHLORINATION TABLETS
If the tablet feeder is to be used forthe dechlorination of water
or wastewater, a 48 lb. supply of Bio-Max dechlorination
tablets is available from your local distributor. Containing92%
sodium sulfite, the tablets are manufactured to neutralize
both free and combined chlorine. Bio-Max tablets
incorporate beveled edges to enhance the chemical
dissolution pattern. Each tablet is 25/a" diameter,
compressed to a 13/16" thickness, weighs approximately 5
ounces and is green in color for easy identification. The
tablets dissolve slowly, releasing controlled amounts of
chemical forthe instantaneous removal of residual chlorine
from the water orwastewaterflow. The chemical application
rate of the tablets remains consistent at peak flow factors as
high as four. Bio-Max tablets are formulated to remove
chlorine residuals to non -detectable levels.
FIGURE F
CAUTION
DO NOT HANDLE
TABLETS WITHOUT
FIRST CAREFULLY
READING THE
PRODUCT
CONTAINER
LABEL AND/OR
THE HANDLING
AND STORAGE
INSTRUCTIONS
CORRECT INCORRECT
TABLETS MUST LIE FLAT IN THE STACK
BIO-PERC° REMEDIATION TABLETS
If the tablet feeder is to be used for the bioaugmentation of
wastewater, a (10 lb. or 25 lb.) supply of Bio-Perc biological
remediation tablets is available from your local distributor.
Bio-Perc tablets rejuvenate failing wastewater treatment
systems by reducing or eliminating organic buildup in
distribution lines and disposal processes. Bio-Perc tablets
help sand filters and soil -based treatment systems recover
their infiltrative capacity while preventing the failure of new
installations. Each tablet is 25/a" diameter, compressed to
a 1"thickness, has an approximate weight of 5 ounces and
incorporates a beveled edge design to reduce wicking.
CAUTION: All chemicals and chemical feed systems
should be handled with care. Chemicals and feed tubes
should not be mixed with each other or any other
products. Do not handle tablets or feed tubes without
first carefully reading the product container label, MSDS
information and the handling and storage instructions.

PLACING THE BIO-DYNAMIC° ON-LINE
Be sure the entire liquid stream from the facility being served flows through the tablet feeder. Confirm that the proper chemical
tablets are being used in the feed tube and that the feed tube is firmly engaged into the retaining ring and locating ribs of the flow
deck. Afterthe system has been in operation for at least one hour, draw a sample of the treated effluent from the feeder outlet
or the contact chamber inlet to test the chemical application. For chlorination applications, testing can be done using a chlorine
test kit, available from your Bio-Dynamic distributor, or a DPD Colorimetric test as outlined in the most recent edition of Standard
Methods for the Examination of Water and Wastewater. Dechlorination applications may also require that a chlorine residual test
be performed. Multiple samples must betaken to insure that the system has reached equilibrium. Take samples at 15 minute
intervals. When three or more consecutive samples produce the same results, the system has reached equilibrium. In direct
burial installations, make sure the riser pipe extends at least 3" above grade and is covered securely by a tamper -proof PVC cap.
OPERATIONAL ADJUSTMENT
LF Series feeders can be adjusted without taking the unit off-line. When fully inserted into the feeder body, the feed tube locks
into locating ribs molded into the flow deck. This locked position provides the maximum chemical dose. Rotating the feed tube
clockwise, one -quarter ('/a) turn from its fully locked position raises the feed tube approximately one -eighth inch ('/a"). By raising
the feed tube, the chemical delivery can be reduced. Please refer to the Operational Adjustment Chart at the bottom of this page
for routine guidance. If there are additional questions regarding operation, contact your local Bio-Dynamic distributor. Forfurther
reference, a red identification tag with the contact information of the manufacturer is attached to the feeder.
ROUTINE MAINTENANCE
LF Series feeders require very little maintenance other than periodic cleaning and refilling of the feed tubes. When performing
maintenance, always wear rubber gloves and safety goggles or face shield and follow the procedures outlined in the handling
instructions forthe chemicals used in the feeder. Before refilling the feed tubes, rinse the tube and cap thoroughly with freshwater.
Occasionally, afeed tube may need to be cleaned with a brush. Aservice brush for cleaning the feed tube and flow deck is available
from your local Bio-Dynamic distributor. To usethe brush, remove the extension handle from the top -threaded feed tube cap and
screw the brush into the handle. When refilling the feed tube, check the inside of the feeder and rinse any residue with a low
pressure hose. Dry the feed tube with a clean cloth before reinserting chemical tablets. The liquid flow will normally prevent
accumulation of debris during routine operation. Debris that may become lodged within the feeder during a malfunction of the
upstream treatment system can be removed with the cleaning brush or a gloved hand.
INTERMITTENT USAGE
During a period of intermittent use or extended period of non-use, feed tubes should be removed and stored in a well -ventilated,
dry, secure location. Referto the tablet container label and material safety data sheetfor detailed safety, storage and/or disposal
instructions for the chemical tablets. Reinstall the riser cap securely for the time period the system will be unattended.
OPERATIONAL ADJUSTMENT CHART
Condition
Possible Cause
Recommended Remedy
Insufficient
Chemical
Application
Feed tube empty
Refill chemical tablets
Incorrect type of tablets used
Replace using properly approved tablets
Feed tube not properly installed
Install the feed tube flat on flow deck
Tablets jammed in the feed tube
Remove, clean and properly refill the feed tube
Excess solids in effluent
Troubleshoot treatment plant
Debris clogging bottom of the feed tube
Remove, clean and properly refill the feed tube
Tablet feeder not level
Adjust mounting position
Tablets more than one year old
Remove, clean and properly refill the feed tube
Overapplication
of Chemical
Incorrect type of tablets used
Replace using properly approved tablets
Blockage at outlet
Rinse feeder with fresh water to remove blockage
Too many tablets immersed
Rotate the feed tube clockwise 90 degrees
Excess hydraulic flow
Equalize flow prior to the tablet feeder
Recirculation piping not properly adjusted
Increase percentage of recirculation flow
Tablet feeder not level
Adjust mounting position

SYSTEM SAFETY
All installations not protected by a safety fence or locked
grating should be equipped with a Schedule 40 PVC riser
pipe with tamper -proof pipe cap. Only authorized personnel
should have access to the tablet feeder and its components.
Confined space entry equipment (Occupational Safety and
Health Regulations OSHA 29, CFR1910.146) is not required
for a properly installed Bio-Dynamic LF Series tablet feeder
in a direct burial installation. Maintenance of the tablet feeder
can be performed from grade. Rubber gloves and safety
goggles or a face shield should always be worn when
providing service to any chemical feed system. Toxic fumes
present in wastewater and/or tablets may accumulate within
the feeder and cause personal injury or death. All safety
and handling procedures for chemical tablets must be
followed completely. Water and wastewater treatment
chemicals can be very dangerous. Thoroughly read chemical
container label before use. Only trained personnel using
the proper safety procedures and approved equipment should
be allowed in the vicinity of a treatment system.
CHEMICAL CONSUMPTION RECORD
BIO-DYNAMIC° LIMITED WARRANTY
The Bio-Dynamic Model LF Series tablet feeders are
backed by a comprehensive ten year limited warranty.
The purchaser is protected from defects in material and
workmanship, under normal use and service, for a period
of ten years from the date of original purchase. The
Bio-Dynamic distributor will provide a warranty
registration card, as well as detailed warranty and
exchange information, to each purchaser. This warranty
is not effective unless the warranty registration card is
returned to the factory within 30 days of purchase. If
the tablet feeder or components require service or
replacement, do not use or dismantle the unit. Contact
your local, authorized Bio-Dynamicdistributorto arrange
for inspection, service or replacement of the system or
component. After inspection, the distributor will return
the tabletfeederor component, as required, to the factory
and replace the necessary items according to the terms
of the limited warranty.
For your reference, please document chemical consumption and maintenance on the following chart:
DISTRIBUTED LOCALLY BY:
Fnginee; ing the future of water
and wvastewnter treatment
220 REPUBLIC STREET
NORWALK, OHIO, USA 44857-1156
TELEPHONE [phone]
FAX [phone]
www.norweco.com
Norweco®, Norweco.com®, SingulairO, ModulaftO, Travalair®, Lift -Rail®, Microsoni&, Bio-Dynamic®, Bio-SanitizeO, Bio-Neutralizer®, Bio-Kinetic®,
Bio-Static°, Bio-Gem®, Bio-Regeneration®, Bio-Per&, Blue Crystal®, ClearCheck®, ChemCheck®, Service Pro®, Grease Buster" and `BUSTER"
logo® are registered trademarks of Norwalk Wastewater Equipment Company, Inc.
©MMVII NORWECO, INC.

3�
BROOKS Planning & Project Management / Civil Engineering / Surveying
Soil Science Services / Environmental Engineering & Services
ENGINEERING ASSOCIATES 17 Arlington Street / Asheville NC 28801 / www.brooksea.com / 828-232-4700
December 17, 2009
NPDES-West
1617 Mail Service Center
Raleigh, NC 27606
Attention: Sergei Chernikov
Regarding: Miller Apartment. Complex
Project No. 326409
Dear Mr. Chernikov:
Rre-
"%";VL:kVLU
L..
: ,_ - I_ L i_'. J9
DENR - WATER QUALITY
POINT SOURCE BRANCH
Brooks Engineering Associates, P.A. appreciates the review of the Miller Apartment Complex
sewer system plans and EAA package. This letter and accompanying submittals are to address
the comments from the regional staff per your email dated December 2, 2009.
Enclosed with this letter are two (2) copies of the revised Engineering Plans & EAA report.
The following is a line iteesponse to comments per your email:
1. General Note now refers to McDowell County.
2. Attachment B now refers to McDowell County.
3. The Local Government Review Form was sent to both the City of Marion and McDowell
County as required per Instructions to the Applicant as found on the Local Government
Review Form. Per Bullet 3 under the Instructions to the Applicant; a copy of the certified
mail card (Domestic Return Receipt) Shall be submitted as evidence to the Commission
that the local government failed to respond within 15 days. BEA has provided the
Domestic Return Receipt as evidence that the County did indeed receive the Local
Government Review Form and as of this date has still not responded. Please call me at
our office if any further clarification is needed regarding this matter.
4. A copy of the regional DWQ office letter dated October 31, 2008 has been provided with
this resubmittal.
5. The plan (map) has been revised to depict a 2500 gallon tank.
Please contact our office if you need any additional information or clarification regarding the
responses to your comments.
p. ,. .
Sincerely, .t
i ' E {
Broo i et,S
oci tes, PA �� `�•' k
k: �-----
FEB 1 5 2010
Paul E. Sexton; P h i
WATER QUALITY SECTION s
�� `•;
ASHEVILLE REGIONAL. OFFICE

A74LA.
NC®ENR
North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
September 16, 2015
Mr. Larry Miller
c/o G.E.M. Constructors, Inc.
2024 Nix Creek Road
Marion, NC 28752
Subject: Issuance of NPDES Permit NC0088901
Larry Miller — Miller Apartments WWT'P
McDowell County
Dear Mr. Miller:
Donald van der Vaart
Secretary
I�CCes .
D��`S1On °t nq
4 noe�aCtons
tPi
Division personnel -have reviewed and approved your application for renewal of the subject permit.
Accordingly, we are forwarding the attached NPDES discharge permit. This permit is issued pursuant
to the requirements of North Carolina General Statute 143-215.1 and the Memorandum of Agreement
between North Carolina and the U.S. Environmental Protection Agency dated October 15, 2007 (or as
subsequently amended).
This final permit contains no significant changes to its terms from those found in the draft permit sent to
you on July 1, 2015. However, you are also reminded of the new condition requiring electronic
reporting of discharge monitoring report (DMR) data using the Division's eDMR internet application.
This new requirement will become effective on July 1, 2016 (approximately 270 days or nine months
following the effective date of the permit).
If any parts, measurement frequencies or sampling requirements contained in this permit are
unacceptable to you, you have the right to an adjudicatory hearing upon written request within thirty
(30) days following receipt of this letter. This request must be in the form of a written petition,
conforming to Chapter 150B of the North Carolina General Statutes, and filed with the Office of
Administrative Hearings (6714 Mail Service Center, Raleigh, North Carolina 27699-6714). Unless
such demand is made, this decision shall be final and binding.
Please note that this permit is not transferable except after notice to the Division. The Division may
require modification or revocation and reissuance of the permit. This.permit does not affect the legal
requirements to obtain other permits which may be required by the Division of Water Resources or any
other Federal, State, or Local governmental permits that may be required.
1617 Mail Service Center, Raleigh, North Carolina 27699-1617
Phone: [phone] \Internet: www.ncvvaterquality.org
An Equal Opportunity 1 Affirmative Action Employer— Made in part by recycled paper

Mr. Larry Miller
NCO088901 Permit Renewal 2015
p. 2
If you have any questions concerning this permit, please contact Bob Sledge at telephone number (919)
807-6398, or via e-mail at [e-mail].
Si ere ,
5
S. Jay Zimmerman, P.7,Di rector
Division of Water Resources
cc: Central Files
Ash' il�'e"�me' onal � iff�cea (�ual'it
NPDES File

Permit NCO088901
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER RESOURCES
PERMIT
TO DISCHARGE WASTEWATER UNDER THE
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
In compliance with the provisions of North Carolina General Statute 143-215.1, other lawful standards
and regulations promulgated and adopted by the North Carolina Environmental Management
Commission, and the Federal Water Pollution Control Act, as amended,
Larry Miller
is hereby authorized to discharge wastewater from a facility located at the
Miller Apartments WWTP
2041 US Hwy 70 East
Northeast of Marion
McDowell County
to receiving waters designated as Forsyth Creek in Catawba River Basin
in accordance with effluent limitations, monitoring requirements, and other conditions set forth in Parts
I, II, III and IV hereof.
This permit shall become effective October 1, 2015.
This permit and authorization to discharge shall expire at midnight on January 31, 2020.
Signed this day September 16, 2015.
Z A,
§ray Zimmerman, P.G., Dire
Division of Water Resources
By Authority of the Environmental Management Commission
Page 1 of 6

Permit NC0088901
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.
Larry Miller
is hereby authorized to:
1. After receiving an Authorization to Construct permit from the Division, construct
wastewater treatment facilities not to exceed 0.002 MGD design flow.
2. After submitting an Engineer's Certification, operate a 0.002 MGD package plant located at
the Miller Apartments WWTP, 2041 US Hwy 70 East, northeast of Marion, in McDowell
County, and discharge from said treatment works at the location specified on the attached
map into Forsyth Creek, a class C water in the Catawba River Basin.
Page 2 of 6

Permit NCO088901
PART I
A. (1.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS
[15A NCAC 02B .0400 et seq., 02B .0500 et seq.]
During the period beginning upon completion of the construction of WWTP and lasting until
expiration, the Permittee is authorized to discharge from outfall 001. Such discharges shall be limited
and monitored) by the.Permittee as specifed below:
EFFLUENT GHAMACTERISTICS
ParaMot er,Code_
LIMITS J
MONITORING REQUIREMENTS'
, ` Monthly
Average
Daily
+Maximum._
Measurement
Frequency
S ample Type
Sample Location
Flow 50050
0.002 MGD
Weekly
Instantaneous
Influent or Effluent
BOD, 5-day (20°C) C0310
30.0 mg/L
45.0 mg/L
2/Month
Grab
Effluent
Total Suspended Solids C0530
30.0 mg/L
45.0 mg/L
2/Month
Grab
Effluent
Ammonia Nitrogen C0610
Monitor & Report
Monthly
Grab
Effluent
Fecal Coliform (geometric mean) 31616
200/100 mL
400/100 mL
2/Month
Grab
Effluent
Total Residual Chlorine 50060
28 pg/L
2/Week
Grab
Effluent
Temperature (°C) 00010
Monitor & Report
Weekly
Grab
Effluent
pH 00400
>_6.0 & <_ 9.0 standard units
2/Month
Grab
Effluent
Footnotes:
1. No later than July 1, 2016 (270 days from the effective date of this permit), begin submitting
discharge monitoring reports electronically using NC DWR's eDMR application system. See
Condition A. (2.).
2. The Division shall consider all effluent TRC values reported below 50 µg/L to be in compliance with the
permit. However, the Permittee shall continue to record and submit all values reported by a North Carolina
certified laboratory (including field certified), even if these values fall below 50 jug/L.
There shall be no discharge of floating solids or visible foam in other than trace amounts
Page 3 of 6

I=00111M0W1111:1.19WI
A. (2.) ELECTRONIC REPORTING OF DISCHARGE MONITORING REPORTS
[G. S. 143-215. l (b)]
Proposed federal regulations require electronic submittal of all discharge monitoring reports (DMRs)
and specify that, if a state does not establish a system to receive such submittals, then pern ittees must
submit DMRs electronically to the Environmental Protection Agency (EPA). The Division anticipates
that these regulations will be adopted and is beginning implementation in late 2013.
NOTE: This special condition supplements or supersedes the following sections within Part II of this
permit (Standard Conditions forNPDESPermits):
• Section B. (11.) Signatory Requirements
• Section D. (2.) Reporting
• Section D. (6.) Records Retention
• Section E. (5.) Monitoring Reports
1. Reporting [Supersedes Section. D. (2.) and Section E. (5.) (a)1
Beginning no later than July 1, 2016 (270 days from the effective date of this permit), the permittee
shall begin reporting. discharge monitoring data electronically using the NC DWR's Electronic
Discharge Monitoring Report (eDMR) internet application.
Monitoring results obtained during the previous month(s) shall be summarized for each month and
submitted electronically using eDMR. The eDMR system allows permitted facilities to enter
monitoring data and submit DMRs electronically using the internet. Until such time that the state's
eDMR application is compliant with EPA's Cross -Media Electronic Reporting Regulation
(CROMERR), permittees will be required to submit all discharge monitoring data to the state
electronically using eDMR and will be required to complete the eDMR submission by printing,
signing, and submitting one signed original and a copy of the computer printed eDMR to the
following address:
NC DENR / DWR / Information Processing Unit
ATTENTION: Central Files / eDMR
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
If a permittee is unable to use the eDMR system due to a demonstrated hardship or due to the
facility being physically located in an area where less than 10 percent of the households have
broadband access, then a temporary waiver from the NPDES electronic reporting requirements may
be granted and discharge 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.
Requests for temporary waivers from the NPDES electronic reporting requirements must be
submitted in writing to the Division for written approval at least sixty (60) days prior to the date the
facility would be required under this permit to begin using eDMR. Temporary waivers shall be
valid for twelve (12) months and shall thereupon expire. At such time, DMRs shall be submitted
electronically to the Division unless the permittee re -applies for and is granted a new temporary
waiver by the Division.
Page 4of6

Permit NCO088901
A. (2.) ELECTRONIC REPORTING OF DISCHARGE MONITORING REPORTS, continued
Information on eDMR and application for a temporary waiver from the NPDES electronic reporting
requirements is found on the following web page:
hllp://-Dortal.ncdenr.or web/wq/adminibog/i u/p edmr .
Regardless of the submission method, the first DMR is due on the last day of the month following
the issuance of the permit or in the case of anew facility, on the last day of the month following the
commencement of discharge.
2. 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. (I 1.)(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.
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:
htty://portal.ncdenr.org/web/wq/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:
7 certify, under penalty of law, that this document and all attachments were prepared under my
direction or supervision in accordance with a system designed to assure that qualified personnel
properly.gather and evaluate the information submitted. Based on my inquiry of the person or
persons who manage the system, or those persons directly responsible for gathering the
information, the information submitted is, to the best of my knowledge and belief, true, accurate,
and complete. I am aware that there are significant penalties for submitting false information,
including the possibility offines and imprisonment for knowing violations. "
3. Records Retention [Supplements Section D. (6.)]
The permittee shall retain records of all Discharge Monitoring Reports, including eDMR
submissions. These records or copies shall be maintained for a period of at least 3 years from the
date of the report. This period may be extended by request of the Director at any time [40 CFR
122.41].
Page 5 of 6

Permit NCO088901
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41
Miller Apartments WWTP
Facility
_
Location
Latitude: 35' 421 0.96" Longitude: 81" 58142.6311
USGS Quad #: El ONE River Basin #: 03-08-30
Receiving Stream: Forsyth Creek Stream Class: C
North
NPDES Permit NCO088901
McDowell County
Page 6 of 6

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

NPDES Permit Standard Conditions
Page 2 of 18
(4) Constant time/constant volume: a series of grab samples of equal volume collected over a 24-hour period at a
constant time interval. Use of this method requires prior approval by the Director. This method may only be
used in situations where effluent flow rates vary less than 15 percent. The following restrictions also apply:
➢ Influent and effluent grab samples shall be of equal size and of no less than 100 milliliters
➢ Influent samples shall not be collected more than once per hour.
➢ Permittees with wastewater treatment systems whose detention time < 24 hours shall collect effluent grab
samples at intervals of no greater than 20 minutes apart during any 24-hour period.
➢ Permittees with wastewater treatment systems whose detention time exceeds 24 hours shall collect effluent
grab samples at least every six hours; there must be a minimum of four samples during a 24-hour sampling
period.
Continuous flow measurement
Flow monitoring that occurs without interruption throughout the operating hours of the facility. Flow shall be
monitored continually except for the infrequent times when there may be no flow or for infrequent maintenance
activities on the flow device.
Daily Discharge
The discharge of a pollutant measured during a calendar day or any 24-hour period that reasonably represents the
calendar day for purposes of sampling. For pollutants measured in units of mass, the "daily discharge" is calculated as
the total mass of the pollutant discharged over the day. For pollutants expressed in other units of measurement, the
"daily discharge" is calculated as the average measurement of the pollutant over the day. (40 CFR 122.2; see also
"Composite Sample," above.)
Daily Maximum
The highest "daily discharge" during the calendar month.
Daily Sampling
Parameters requiring daily sampling shall be sampled 5 out of every 7 days per week unless otherwise specified in the
permit. Sampling shall be conducted on weekdays except where holidays or other disruptions of normal operations
prevent weekday sampling. If sampling is required for all seven days of the week for any permit parameter(s), that
requirement will be so noted on the Effluent Limitations and Monitoring Page(s).
DWR or "the Division"
The Division of Water Resources, Department of Environment and Natural Resources.
Effluent
Wastewater discharged following all treatment processes from a water pollution control facility or other point source
whether treated or untreated.
EMC
The North Carolina Environmental Management Commission
EPA
The United States Environmental Protection Agency
Facility Closure
Cessation of all activities that require coverage under this NPDES permit. Completion of facility closure will allow this
permit to be rescinded.
Geometric Mean
The Nth root of the product of the individual values where N = the number of individual values. For purposes of
calculating the geometric mean, values of "0" (or "< [detection level]") shall be considered = 1.
Grab Sample
Individual samples of at least 100 mL collected over a period of time not exceeding 15 minutes. Grab samples can be
collected manually. Grab samples must be representative of the discharge (or the receiving stream, for instream
samples).
Version 1110912011.1

NPDES Permit Standard Conditions
Page 3 of 18
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 property damage
Substantial physical damage to property, damage to the treatment facilities which causes them to become inoperable, or
substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a
bypass. Severe property damage excludes economic loss caused by delays in production.
Toxic Pollutant:
Any pollutant listed as toxic under Section 307(a)(1) of the CWA.
Upset
An incident beyond the reasonable control of the Permittee causing unintentional and temporary noncompliance with
permit effluent limitations and/or monitoring requirements. An upset does not include noncompliance caused by
operational error, improperly designed treatment facilities, inadequate.treatment facilities, lack of preventive
maintenance, or careless or improper operation.
Weekly Average (concentration limit)
The arithmetic mean of all "daily discharges" of a pollutant measured during the calendar week. In the case of fecal
coliform or other bacterial parameters or indicators, the geometric mean of such discharges.
Section B. General Conditions
1. Duty to Comply_
The Permittee must comply with all conditions of this permit. Any permit noncompliance constitutes a violation of
the CWA and is grounds for enforcement action; for permit termination, revocation and reissuance, or
modification; or denial of a permit renewal application [40 CFR 122.41].
a. The Permittee shall comply with effluent standards or prohibitions established under,section 307(a) of the
CWA for toxic pollutants and with standards for sewage sludge use or disposal established under section
405(d) of the CWA within the time provided in the regulations that establish these standards or prohibitions or
standards for sewage sludge use or disposal, even if the permit has not yet been modified to incorporate the
requirement.
b. The CWA provides that any person who violates section[s] 301, 302, 306, 307, 308, 318 or 405 of the Act, or
any permit condition or limitation implementing any such sections in a permit issued under section 402, or any
requirement imposed in a pretreatment program approved under sections 402(a)(3) or 402(b)(8) of the Act, is
subject to a civil penalty not to exceed $37,500 per day for each violation. [33 USC 1319(d) and 40 CFR
122.41(a)(2)]
c. The CWA provides that any person who negligently violates sections 301, 302, 306, 307, 308, 318, or 405 of
the Act, or any condition or limitation implementing any of such sections in a permit issued under section 402
of the7Act, or any requirement imposed in a pretreatment program approved under section 402(a)(3) or
402(b)(8) of the Act, is subject to criminal penalties of $2,500 to $25,000 per day of violation, or
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imprisonment of not more than 1 year, or both. In the case of a second or subsequent conviction for a negligent
violation, a person shall be subject to criminal penalties of not more than $50,000 per day of violation, or by
imprisonment of not more than 2 years, or both. [33 USC 1319(c)(1) and 40 CFR 122.41(a)(2)]
d. Any person who knowingly violates such sections, or such conditions or limitations is subject to criminal
penalties of $5,000 to $50,000 per day of violation, or imprisonment for not more than 3 years, or both. In the
case of a second or subsequent conviction for a knowing violation, a person shall be subject to criminal
penalties of not more than $100,000 per day of violation, or imprisonment of not more than 6 years, or both.
[33 USC 1319(c)(2) and 40 CFR 122.41(a)(2)]
e. Any person who knowingly violates section 301, 302, 303, 306, 307, 308, 318 or 405 of the Act, or any permit
condition or limitation implementing any of such sections in a permit issued under section 402 of the Act, and
who knows at that time that he thereby places another person in imminent danger of death or serious bodily
injury, shall, upon conviction, be subject to a fine of not more than $250,000 or imprisonment of not more than
15 years, or both. In the case of a second or subsequent conviction for a knowing endangerment violation, a
person shall be subject to a fine of not more than $500,000 or by imprisonment of not more than 30 years, or
both. An organization, as defined in section 309(c)(3)(B)(iii) of the CWA, shall, upon conviction of violating
the imminent danger provision, be subject to a fine of not more than $1,000,000 and can be fined up to
$2,000,000 for second or subsequent convictions. [40 CFR 122.41(a)(2)]
f. Under state law, a civil penalty of not more than $25,000 per violation may be assessed against any person
who violates or fails to act in accordance with the terms, conditions, or requirements of a permit. [North
Carolina General Statutes § 143-215.6A]
g. Any person may be assessed an administrative penalty by the Administrator for violating section 301, 302,
306, 307, 308, 318 or 405 of this Act, or any permit condition or limitation implementing any of such sections
in a permit issued under section 402 of this Act. Administrative penalties for Class I violations are not to
exceed $16,000 per violation, with the maximum amount of any Class I penalty assessed not to exceed
$37,500. Penalties for Class 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.CA), "Upsets" (Part II.C.5) and "Power Failures"
(Part H.C.7), nothing in this permit shall be construed to relieve the Permittee from any responsibilities, liabilities,
or penalties for noncompliance pursuant to NCGS 143-215.3, 143-215.6 or Section 309 of the Federal Act, 33 USC
1319. Furthermore, the Permittee is responsible for consequential damages, such as fish kills, even though the
responsibility for effective compliance may be temporarily suspended.
4. Oil and Hazardous Substance Liability
Nothing in this permit shall be construed to preclude the institution of any legal action or relieve the Permittee
from any responsibilities, liabilities, or penalties to which the Permittee is or may be subject to under NCGS 143-
215.75 et seq. or Section 311 of the Federal Act, 33 USG 1321. Furthermore, the Permittee is responsible for
consequential damages, such as fish kills, even though the responsibility for effective compliance may be
temporarily suspended.
5. Property Rights
The issuance of this permit does not convey any property rights in either real or personal property, or any exclusive
privileges, nor does it authorize any injury to private property or any invasion of personal rights, nor any
infringement of Federal, State or local laws or regulations [40 CFR 122.41(g)].
6. Onshore or Offshore Construction
This permit does not authorize or approve the construction of any onshore or offshore physical structures or
facilities or the undertaking of any work in any navigable waters.
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7. Severability
The provisions of this permit are severable. If any provision of this permit, or the application of any provision of
this permit to any circumstances, is held invalid, the application of such provision to other circumstances, and the
remainder of this permit, shall not be affected thereby [NCGS 15013-23].
8. Duty to Provide Information
The Permittee shall furnish to the Permit Issuing Authority, within a reasonable time, any information which the
Permit Issuing Authority may request to determine whether cause exists for modifying, revoking and reissuing, or
terminating this permit or to determine compliance with this permit. The Permittee shall also furnish to the Permit
Issuing Authority upon request, copies of records required by this permit [40 CFR 122.41(h)].
9. Duty to Reapply
If the Permittee wishes to continue an activity regulated by this permit after the expiration date of this permit, the
Permittee must apply for and obtain a new permit [40 CFR 122.41(b)].
10. Expiration of Permit
The Permittee is not authorized to discharge after the expiration date. In order to receive automatic authorization to
discharge beyond the expiration date, the Permittee shall submit such information, forms, and fees as are required
by the agency authorized to issue permits no later than 180 days prior to the expiration date unless permission for a
later date has been granted by the Director. (The Director shall not grant permission for applications to be
submitted later than the expiration date of the existing permit.) [40 CFR 122.21(d)] Any Permittee that has not
requested renewal at least 180 days prior to expiration, or any Permittee that does not have a permit after the
expiration and has not requested renewal at least 180 days prior to expiration, will subject the Permittee to
enforcement procedures as provided in NCGS 143-215.6 and 33 USC 1251 et. seq.
11. Signatory Requirements
All applications, reports, or information submitted to the Permit Issuing Authority shall be signed and certified [40
CFR 122.41(k)].
a. All permit applications shall be signed as follows:
(1) For a corporation: by a responsible corporate officer. For the purpose of this Section, a responsible
corporate officer means: (a) a president, secretary, treasurer or vice president of the corporation in charge
of a principal business function, or any other person who performs similar policy or decision making
functions for the corporation, or (b) the manager of one or more manufacturing, production, or operating
facilities, provided, the manager is authorized to make management decisions which govern the operation
of the regulated facility including having the explicit or implicit duty of making major capital investment
recommendations, and initiating and directing other comprehensive measures to assure long term
environmental compliance with environmental laws and regulations; the manager can ensure that the
necessary systems are established or actions taken to gather complete and accurate information for permit
application requirements; and where authority to sign documents has been assigned or delegated to the
manager in accordance with corporate procedures .
(2) For a partnership or sole proprietorship: by a general partner or the proprietor, respectively; or
(3) For a municipality, State, Federal, or other public agency: by either a principal executive officer or
ranking elected official [40 CFR 122.22].
b. All reports required by the permit and other information requested by the Permit Issuing Authority shall be
signed by a person described in paragraph a. above or by a duly authorized representative of that person. A
person is a duly authorized representative only if-
(1) The authorization is made in writing by a person described above;
(2) The authorization specified either an individual or a position having responsibility for the overall operation
of the regulated facility or activity, such as the position of plant manager, operator of a well or well field,
superintendent, a position of equivalent responsibility, or an individual or position having overall
responsibility for environmental matters for the company. (A duly authorized representative may thus be
either a named individual or any individual occupying a named position.); and
(3) The written authorization is submitted to the Permitdssuing Authority [40 CFR 122.22]
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c. Changes to authorization: If an authorization under paragraph (b) of this section is no longer accurate because
a different individual or position has responsibility for the overall operation of the facility, a new authorization
satisfying the requirements of paragraph (b) of this section must be submitted to the Director prior to or
together with any reports, information, or applications to be signed by an authorized representative [40 CFR
122.221
d. Certification. Any person signing a document under paragraphs a. or b. of this section shall make the following
certification [40 CFR 122.22]. NO OTHER STATEMENTS OF CERTIFICATION WILL BE ACCEPTED:
"I certify, under penalty of law, that this document and all attachments were prepared under my direction or
supervision in accordance with a system designed to assure that qualified personnel properly gather and
evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or
those persons directly responsible for gathering the information, the information submitted is, to the best of my
knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for
submitting false information, including the possibility of fines and imprisonment for knowing violations. "
12. Permit Actions
This permit may be modified, revoked and reissued, or terminated for cause. The filing of a request by the
Permittee for a permit modification, revocation and reissuance, or termination, or a notification of planned changes
or anticipated noncompliance does not stay any permit condition [40 CFR 122.41(f)].
13. Permit Modification, Revocation and Reissuance, or Termination
The issuance of this permit does not prohibit the permit issuing authority from reopening and modifying the permit,
revoking and reissuing the permit, or terminating the permit as allowed by the laws, rules, and regulations
contained in Title 40, Code of Federal Regulations, Parts 122 and 123; Title 15A of the North Carolina
Administrative Code, Subchapter 02H .0100; and North Carolina General Statute 143.215.1 et. al.
14. Annual Administering and Compliance Monitoring Fee Requirements
The Permittee must pay the annual administering and compliance monitoring fee within thirty days after being
billed by the Division. Failure to pay the fee in a timely manner in accordance with 15A NCAC 02H .0105(b)(2)
may cause this Division to initiate action to revoke the permit.
Seetion C. Operation and Maintenance of PoDufion Controls
1. Certified Operator
Owners of classified water pollution control systems must designate operators, certified by the Water Pollution
Control System Operators Certification Commission (WPCSOCC), of the appropriate type and grade for the
system, and, for each classification must [T15A NCAC 08G .0201]:
a. designate one Operator In Responsible Charge (ORC) who possesses a valid certificate of the type and grade at
least equivalent to the type and grade of the system;
b. designate one or more Back-up Operator(s) in Responsible Charge (Back-up ORCs) who possesses a valid
certificate of the type of the system and no more than one grade less than the grade of the system, with the
exception of no backup operator in responsible charge is required for systems whose minimum visitation
requirements are twice per year; and
c. submit a signed completed "Water Pollution Control System Operator Designation Form" to the Commission
(or to the local health department for owners of subsurface systems) countersigned by the designated certified
operators, designating the Operator in Responsible Charge (ORC) and the Back-up Operator in Responsible
Charge (Back-up ORC):
(1) 60 calendar days prior to wastewater or residuals being introduced into a new system; or
(2) within 120 calendar days following:
➢ receiving notification of a change in the classification of the system requiring the designation of a new
Operator in Responsible Charge (ORC) and Back-up Operator in Responsible Charge (Back-up ORC)
of the proper type and grade; or
➢ a vacancy in the position of Operator in Responsible Charge (ORC) or Back-up Operator in
Responsible Charge (Back-up ORC).
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(3) within seven calendar days of vacancies in both ORC and Back-up ORC positions replacing or designating
at least one of the responsibilities.
The ORC of each Class I facility (or the Back-up ORC, when acting as surrogate for the ORC) must:
➢ Visit the facility as often as is necessary to insure proper operation of the treatment system; the treatment
facility must be visited at least weekly
➢ Comply with all other conditions of 15A NCAC 08G .0204.
The ORC of each Class 11, III and IV facility (or the Back-up ORC, when acting as surrogate for the ORC) must:
➢ Visit the facility as often as is necessary to insure proper operation of the treatment system; the treatment
facility must be visited at least five days per week, excluding holidays
➢ Properly manage and document daily operation and maintenance of the facility
➢ Comply with all other conditions of 15A NCAC 08G .0204.
2. Proper Operation and Maintenance
The Permittee shall at all times properly operate and maintain all facilities and systems of treatment and control
(and related appurtenances) which are installed or used by the Permittee to achieve compliance with the conditions
of this permit. Proper operation and maintenance also includes adequate laboratory controls and appropriate quality
assurance procedures. This provision requires the Permittee to install and operate backup or auxiliary facilities only
when necessary to achieve compliance with the conditions of the permit [40 CFR 122.41(e)].
NOTE: Properly and officially designated operators are fully responsible for all proper operation and maintenance
of the facility, and all documentation required thereof, whether acting as a contract operator [subcontractor] or a
member of the Permittee's staff.
3. Need to Halt or Reduce not a Defense
It shall not be a defense for a Permittee in an enforcement action that it would have been necessary to halt or
reduce the permitted activity in order to maintain compliance with the condition of this permit [40 CFR 122.41(c)].
4. Bypassing of Treatment Facilities
a. Bypass not exceeding limitations [40 CFR 122.41(m)(2)]
The Permittee may allow any bypass to occur which does not cause effluent limitations to be exceeded, but
only if it also is for essential maintenance to assure efficient operation. These bypasses are not subject to the
provisions of Paragraphs b. and c. of this section.
b. Notice [40 CFR 122.41(m)(3)]
(1) Anticipated bypass. If the Permittee knows in advance of the need for a bypass, it shall submit prior notice,
if possible at least ten days before the date of the bypass; including an evaluation of the anticipated quality
and effect of the bypass.
(2) Unanticipated bypass. The Permittee shall submit notice of an unanticipated bypass as required in Part
II.E.6. (24-hour notice).
c. Prohibition of Bypass
(1) Bypass from the treatment facility is prohibited and the Permit Issuing Authority may take enforcement
action against a Permittee for bypass, unless:
(A) Bypass was unavoidable to prevent loss of life, personal injury or severe property damage;
(B) There were no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities,
retention of untreated wastes or maintenance during normal periods of equipment downtime. This
condition is not satisfied if adequate backup equipment should have been installed in the exercise of
reasonable engineering judgment to prevent a bypass which occurred during normal periods of
equipment downtime or preventive maintenance; and
(C) The Permittee submitted notices as required under Paragraph b. of this section.
(2) Bypass from the collection system is prohibited and the Permit Issuing Authority may take enforcement
action against a Permittee for a bypass as provided in any current or future system -wide collection system
permit associated with the treatment facility.
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(3) The Permit Issuing Authority may approve an anticipated bypass, after considering its adverse effects, if
the Permit Issuing Authority determines that it will meet the three conditions listed above in Paragraph c.
(1) of this section.
Upsets
a. Effect of an upset [40 CFR 122.41(n)(2)]: An upset constitutes an affirmative defense to an action brought for
noncompliance with such technology based permit effluent limitations if the requirements of paragraph b. of
this condition are met. No determination made during administrative review of claims that noncompliance was
caused by upset, and before an action for noncompliance, is final administrative action subject to judicial
review.
b. Conditions necessary for a demonstration of upset: Any Permittee who wishes to establish the affirmative
defense of upset shall demonstrate, through properly signed, contemporaneous operating logs, or other relevant
evidence that:
(1) An upset occurred and that the Permittee can identify the cause(s) of the upset;
(2) The Permittee facility was at the time being properly operated; and
(3) The Permittee submitted notice of the upset as required in Part II.E.6.(b) of this permit.
(4) The Permittee complied with any remedial measures required under Part II.13.2. of this permit.
c. Burden of proof [40 CFR 122.41(n)(4)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 122.410)].
2. Reporting
Monitoring results obtained during the previous month(s) shall be summarized for each month and reported on a
monthly Discharge Monitoring Report (DMR) Form (MR 1, 1. 1, 2, 3) or alternative forms approved by the
Director, postmarked no later than the last calendar day of the month following the completed reporting period.
The first DMR is due on the last day of the month following the issuance of the permit or in the case of a new
facility, on the last day of the month following the commencement of discharge. Duplicate signed copies of these,
and all other reports required herein, shall be submitted to the following address:
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NC DENR / Division of Water Resources / Water Quality Permitting Section
ATTENTION: Central Files
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
3. Flow Measurements
Appropriate flow measurement devices and methods consistent with accepted scientific practices shall be selected
and used to ensure the accuracy and reliability of measurements of the volume of monitored discharges. The
devices shall be installed, calibrated and maintained to ensure that the accuracy of the measurements is consistent
with the accepted capability of that type of device. Devices selected shall be capable of measuring flows with a
maximum deviation of less than 10% from the true discharge rates throughout the range of expected discharge
volumes. Flow measurement devices shall be accurately calibrated at a minimum of once per year and maintained
to ensure that the accuracy of the measurements is consistent with the accepted capability of that type of device.
The Director shall approve the flow measurement device and monitoring location prior to installation.
Once -through condenser cooling water flow monitored by pump logs, or pump hour meters as specified in Part I of
this permit and based on the manufacturer's pump curves shall not be subject to this requirement.
4. Test Procedures
Laboratories used for sample analysis must be certified by the Division. Permittees should contact the Division's
Laboratory Certification Section (919 733-3908 or http://portal.ncdenr.org/web/wq/lab/cert) for information
regarding laboratory certifications.
Facilities whose personnel are conducting testing of field -certified parameters only must hold the appropriate field
parameter laboratory certifications.
Test procedures for the analysis of pollutants shall conform to the EMC regulations (published pursuant to NCGS
143-215.63 et. seq.), the Water and Air Quality Reporting Acts, and to regulations published pursuant to Section
304(g), 33 USC 1314, of the CWA (as amended), and 40 CFR 136; or in the case of sludge use or disposal,
approved under 40 CFR 136, unless otherwise specified in 40 CFR 503, unless other test procedures have been
specified in this permit [40 CFR 122.41].
To meet the intent of the monitoring required by this permit, all test procedures must produce minimum detection
and reporting levels that are below the permit discharge requirements and all data generated must be reported down
to the minimum detection or lower reporting level of the procedure. If no approved methods are determined
capable of achieving minimum detection and reporting levels below permit discharge requirements, then the most
sensitive (method with the lowest possible detection and reporting level) approved method must be used.
Penalties for Tampering
The CWA provides that any person who falsifies, tampers with, or knowingly renders inaccurate, any monitoring
device or method required to be maintained under this permit shall, upon conviction, be punished by a fine of not
more than $10,000 per violation, or by imprisonment for not more than two years per violation, or by both. If a
conviction of a person is for a violation committed after a first conviction of such .person under this paragraph,
punishment is a fine of not more than $20,000 per day of violation, or by imprisonment of not more than 4 years,
or both [40 CFR 122.411.
6. Records Retention
Except for records of monitoring information required by this permit related to the Permittee's sewage sludge use
and disposal activities, which shall be retained for a period of at least five years (or longer as required by 40 CFR
503), the Permittee shall retain records of all monitoring information, including:
➢ all calibration and maintenance records
➢ all original strip chart recordings for continuous monitoring instrumentation
➢ copies of all reports required by this permit
➢ copies of all data used to complete the application for this permit
These records or copies shall be maintained for a period of at least 3 years from the date of the sample,
measurement, report or application. This period may be extended by request of the Director at any time [40 CFR
122.41].
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7. Recording; Results
For each measurement or sample taken pursuant to the requirements of this permit, the Permittee shall record the
following information [40 CFR 122.41]:
a. The date, exact place, and time of sampling or measurements;
b. The individual(s) who performed the sampling or measurements;
c. The date(s) analyses were performed;
d. The individual(s) who performed the analyses;
e. The analytical techniques or methods used; and
f. The results of such analyses.
8. Inspection and Entry
The Permittee shall allow the Director, or an authorized representative (including an authorized contractor acting as
a representative of the Director), upon the presentation of credentials and other documents as may be required by
law, to;
a. Enter, 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 pen -nit;
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)].
Transfers
This permit is not transferable to any person without prior written notice to and approval from the Director in
accordance with 40 CFR 122.61. The Director may condition approval in accordance with NCGS 143-215.1, in
particular NCGS 143-215. 1 (b)(4)b.2., and may require modification or revocation and reissuance of the permit, or
a minor modification, to identify the new permittee and incorporate such other requirements as may be necessary
under the CWA [40 CFR 122.41(1)(3), 122.61] or state statute.
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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 Permttee became aware of the circumstances. A written submission shall also be
provided within 5 days of the time the Permittee becomes aware of the circumstances. The written submission
shall contain a description of the noncompliance, and its cause; the period of noncompliance, including exact
dates and times, and if the noncompliance has not been corrected, the anticipated time it is expected to
continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance [40
CFR 122.41(1)(6)].
b. The Director may waive the written report on a case -by -case basis for reports under this section if the oral
report has been received within 24 hours.
c. Occurrences outside normal business hours may also be reported to the Division's Emergency Response
personnel at [phone], [phone] or [phone].
7. Other Noncompliance
The Permittee shall report all instances of noncompliance not reported under Part 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)].
8. Other Information
Where the Permittee becomes aware that it failed to submit any relevant facts in a permit application, or submitted
incorrect information in a permit application or in any report to the Director, it shall promptly submit such facts or
information [40 CFR 122.41(1)(8)].
9. Noncompliance Notification
The Permittee shall report by telephone to either the central office or the appropriate regional office of the Division
as soon as possible, but in no case more than 24 hours or on the next working day following the occurrence or first
knowledge of the occurrence of any of the following:
a. Any occurrence at the water pollution control facility which results in the discharge of significant amounts of
wastes which are abnormal in quantity or characteristic, such as the dumping of the contents of a sludge
digester; the known passage of a slug of hazardous substance through the facility; or any other unusual
circumstances.
b. Any process unit failure, due to known or unknown reasons, that render the facility incapable of adequate
wastewater treatment such as mechanical or electrical failures of pumps, aerators, compressors, etc.
c. Any failure of a pumping station, sewer line, or treatment facility resulting in a by-pass without treatment of all
or any portion of the influent to such station or facility.
Persons reporting such occurrences by telephone shall also file a written report within 5 days following first
knowledge of the occurrence. Also see reporting requirements for municipalities in Part IV.C.2.c. of this permit.
10. Availability of Reports
Except for data determined to be confidential under NCGS 143-215.3 (a)(2) or Section 308 of the Federal Act, 33
USC 1318, all reports prepared in accordance with the terms shall be available for public inspection at the offices
of the Division. As required by the Act, effluent data shall not be considered confidential. Knowingly making any
false statement on any such report may result in the imposition of criminal penalties as provided for in NCGS 143-
215. 1 (b)(2) or in Section 309 of the Federal Act.
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11. Penalties for Falsification of Reports
The CWA provides that any person who knowingly makes any false statement, representation, or 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 122.411.
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.IC). The report shall summarize the
performance of the collection or treatment system, as well as the extent to which the facility was compliant with
applicable Federal or State laws, regulations and rules pertaining to water quality. The report shall be provided no
later than sixty days after the end of the calendar or fiscal year, depending upon which annual period is used for
evaluation.
The report shall be sent to:
NC DENR / Division of Water Resources / Water Quality Permitting Section
ATTENTION: Central Files
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
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PART III
OTHER REQUIREMENTS
Section A. Construction
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 (I 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.
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PART IV
SPECIAL CONDITIONS FOR MUNICIPAL FACILITIES
Section A. Definitions
In addition to the definitions in Part II of this permit, the following definitions apply to municipal facilities:
Indirect Discharge or Industrial User
Any non -domestic source that discharges wastewater containing pollutants into a POTW regulated under section
307(b), (c) or (d) of the CWA. [40 CFR 403.3 (i) and 0) and 15A NCAC 02H .0903(b)(11)]
Interference
Inhibition or disruption of the POTW treatment processes; operations; or its sludge process, use, or disposal which
causes or contributes to a violation of any requirement of the Permittee's (or any satellite POTW's if different from the
Permittee) NPDES, collection system, or non -discharge permit or prevents sewage sludge use or disposal in
compliance with specified applicable State and Federal statutes, regulations, or permits. [15A NCAC 02H
.0903(b)(14)]
Pass Through
A discharge which exits the POTW into waters of the State in quantities or concentrations which, alone or with
discharges from other sources, causes a violation, including an increase in the magnitude or duration of a violation, of
the Permittee's (or any satellite POTW's, if different from the Permittee) NPDES, collection system, or non -discharge
permit. [15A NCAC 02H .0903(b)(23)]
Publicly Owned Treatment Works (POTW)
A treatment works as defined by Section 212 of the CWA, which is owned by a State or local government organization.
This definition includes any devices and systems used in the storage, treatment, recycling and reclamation of municipal
sewage or industrial wastes of a liquid nature. It also includes the collection system, as defined in 15A NCAC 2T
.0402, only if it conveys wastewater to a POTW treatment plant. The term also means the local government
organization, or municipality, as defined in section 502(4) of the CWA, which has jurisdiction over indirect discharges
to and the discharges from such a treatment works. In this context, the organization may be the owner of the POTW
treatment plant or the owner of the collection system into which an indirect discharger discharges. This second type of
POTW may be referred to as a "satellite POTW organization." [15A NCAC 02H .0903(b)(26)]
"Significant Industrial User" or "SIU"
An Industrial User that discharges wastewater into a publicly owned treatment works and that [15A NCAC 02H
.0903(b)(33)]:
1. Discharges an average of 25,000 gallons per day or more of process wastewater to the POTW (excluding sanitary,
noncontact cooling and boiler blowdown wastewaters); or
2. Contributes process wastewater which makes up five percent or more of the NPDES or non -discharge permitted
flow limit or organic capacity of the POTW treatment plant. In this context, organic capacity refers to BOD, TSS
and ammonia; or
3. Is subject to categorical standards under 40 CFR Part 403.6 and 40 CFR Parts 405-471; or
4. Is designated as such by the Permittee on the basis that the Industrial User has a reasonable potential for adversely
affecting the POTW's operation or for violating any pretreatment standard or requirement, or the POTW's effluent
limitations and conditions in its NPDES or non -discharge permit, or to limit the POTW's sludge disposal options;
5. Subject to approval under 15A NCAC 02H .0907(b), the Permittee may determine that an Industrial User meeting
the criteria in paragraphs 1 or 2 of this definition above has no reasonable potential for adversely affecting the
POTW's operation or for violating any pretreatment standard or requirement, the POTW's effluent limitations and
conditions in its NPDES or non -discharge permit, or to limit the POTW's sludge disposal options, and thus is not a
Significant Industrial User (SIU); or
6. Subject to approval under 15A NCAC 02H .0907(b), the Permittee may determine that an Industrial User meeting
the criteria in paragraph 3 of this definition above meets the requirements of 40 CFR Part 403.3(v)(2) and thus is a
non -significant categorical Industrial User.
Section B. Publicly Owned Treatment Works (POTWs)
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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
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,
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3. With regard to the effluent requirements listed in Part I of this permit, it may be necessary for the Permittee to
supplement the requirements of the Federal Pretreatment Standards (40 CFR, Part 403) to ensure compliance by
the Permittee with all applicable effluent limitations. Such actions by the Permittee may be necessary regarding
some or all of the industries discharging to the municipal system.
4. The Permittee shall require any Industrial User (IU) discharging to the POTW to meet Federal Pretreatment
Standards developed under Section 307(b) of the Act as amended (which includes categorical standards and
specific local limits, best management practices and narrative requirements). Prior to accepting wastewater from
any Significant Industrial User (SIU), the Permittee shall either develop and submit to the Division a new
Pretreatment Program or, as necessary, a modification of an existing Pretreatment Program, for approval as
required under section D below as well as 15A NCAC 02H .0907(a) and (b). [40 CFR 122.440)(2)]
5. This permit shall be modified, or alternatively, revoked and reissued, to incorporate or modify an approved POTW
Pretreatment Program or to include a compliance schedule for the development of a POTW Pretreatment Program
as required under Section 402 (b)(8) of the CWA and implementing regulations or by the requirements of the
approved State pretreatment program, as appropriate.
Section D. Pretreatment Programs
Under authority of sections 307 (b) and (c) and 402(b)(8) of the CWA and implementing regulations 40 CFR 403,
North Carolina General Statute 143-215.3(14) and implementing regulations 15A NCAC 02H .0900, and in accordance
with the approved pretreatment program, all provisions and regulations contained and referenced in the pretreatment
program submittal are an enforceable part of this permit. [40 CFR 122.440)(2)]
The Permittee shall operate its approved pretreatment program in accordance with Section 402(b)(8) of the CWA, 40
CFR 403, 15A NCAC 02H .0900, and the legal authorities, policies, procedures, and financial provisions contained in
its pretreatment program submission and Division approved modifications thereof. Such operation shall include but is
not limited to the implementation of the following conditions and requirements. Terms not defined in Part II or Part IV
of this permit are as defined in 15A NCAC 02H .0903 and 40 CFR 403.3.
1. Sewer Use Ordinance (SUO)
The Permittee shall maintain adequate legal authority to implement its approved pretreatment program. [15A
NCAC 02H .0903(b)(32), .0905 and .0906(b)(1); 40 CFR 403.8(f)(1) and 403.9(b)(1) and (2)]
2. Industrial Waste Survey (IWS)
The Permittee shall implement an 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
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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)(44)]
5. Industrial User Pretreatment Permits .(IUP) & Allocation Tables
In accordance with NCGS 143-2.15.1, 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 TUPs. Permitted WP loadings for each parameter cannot exceed the treatment capacity of the POTW as
determined by the HV1WA. [15A NCAC 02H .0906(b)(6), .0909, .0916, and .0917; 40 CFR403.5, 4018(f)(1)(iii);
NCGS 143-215.67(a)]
6. Authorization to Construct (AtQ
The Pen ittee 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 (TUP) limitations. [15A NCAC 02H .0906(b)(7) and .0905; NCGS 143
215.1(a)(8)
7. POTW Inspection. & Monitoring of their Ws
The Permittee shall conduct inspection, surveillance; and monitoring activities as described in its Division
approved pretreatment program in order to determine, independent of information supplied by Industrial Users,
compliance with applicable pretreatment standards. [15A NCAC 02H .0908(e); 40 CFR 403.8(f)(2)(v)] The
Permittee must:
a.. Inspect all Significant Industrial Users (STUs) 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
e. At least once per year, document an evaluation of any non -significant categorical Industrial User for
compliance with the requirements in 40 CFR 403.3(v)(2), and either continue or revoke the designation as non-
significant.
8. I.0 Self Monitoringand nd 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 standard's
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 .090,5; 40 CFR 403.8(0(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: '
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NPDES Permit Standard Conditions
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NC DENR / Division of Water Resources / Water Quality Permitting Section
Pretreatment, Emergency Response, and Collection Systems (PERCS) Unit
1.617 Mail Service Center
Raleigh, North Carolina 27699-1617
These reports shall be submitted by March 1 of each year and shall contain the following:
a. Narrative
A narrative summary detailing actions taken, or proposed, by the Permtttee 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 .S1Us, 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 Permtttee shall publish annually a list of Industrial Users (Ns) that were in significantnoncompliance(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 Keep*
The Perrnittee 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 0211.0908(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 (S'IUs), 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
It
Beverly Eaves Perdue
Governor .
X
;:
j�,A
NCDENR .
North. Carolina Department of Environment and Natural Resources
Division of Water Quality
Coleen H. Sullins Dee Freeman
Director Secretary
�e.y,,.. - 4 •�Jre'd "s r, '"'7..'!r. r :�; cJ : c
Mr. Larry Miller
2024 Nix Creek Road, Suite A
Marion, North Carolina 28752
Dear Mr. Miller:
JUL - 8 2010 1
6
WATER QUALITY SECTION
ASHEVILLE REGIONAL OFFICE
Subject: Issuance of NPDES Permit NCO088901
2041 US Hwy 70 East Apartment Complex
McDowell County
Division personnel have reviewed and approved your application for a new 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 sent to you on April 28, 2010.
If any parts, measurement frequencies or sampling requirements contained in this permit are unacceptable
to you, you have the right to an adjudicatory hearing upon written request within thirty (30) days following receipt
.of this letter. This request must be in the form of a written petition, conforming to Chapter 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.
The permittee shall. comply with the setback requirements in 15A NCAC .02T .0506(b). ,
1617 Mail Service Center, Raleigh, North Carolina 27699-1617.
Location: 512 N. Salisbury St. Raleigh, North Carolina 27604 - �TI`CtlCOne 1, �+ 7
Phone: [phone] f FAX: [phone] \ Customer Service:1-877-623-6748 1� or01111a.
Internet: www.newaterquality.org - < - a ����yf��/�'
An Equal Opportunity \ Affirmative Action Employer i/ y L `

G
Please note that this permit is not transferable except after notice to the Division. The Division may -
require modification or revocation and reissuance of the permit. This permit does not affect the legal requirements
to obtain other permits which may be required by the Division of Water Quality or permits required by the
Division of Land Resources, the Coastal Area Management Act or any other Federal or Local governmental permit
that may be required. If you have any questions concerning this permit, please contact Sergei Chernikov at
telephone number [phone]
cc: NPDES Files
Central Files
A� shevi11 Regional Office -Surface Water_t—j t non..
CG&L (e-copy)
0
iI.,,., ..,.
4
1617 Mail Service Center, Raleigh, North Carolina 27699-1617
Location: 512 N. Salisbury St. Raleigh, North Carolina 27604
Phone: [phone] FAX: [phone] Customer Service: 1-877-623-6748
Internet: wvvw.ncwaterquality.org -
An Equal Opportunity 1 Affirmative Action Employer
Sin erely,
oleen H. Sullins
C
9
One
NorthCarolina
Naturally,

t
Permit NCO088901
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,
Larry Miller
is hereby authorized to discharge wastewater, from a facility located at the
2041 US Hwy 70 East Apartment Complex
2041 US Hwy 70 East
Marion _
McDowell County
to receiving waters designated as Forsyth Creek in Catawba River Basin in
accordance with effluent limitations, monitoring requirements, and other conditions
set forth in Parts I, II, III and IV hereof.
This permit shall become effective August 1, 2010.
This permit and authorization to discharge shall expire at midnight on January 31, 2015.
Signed this day June 25, 2010.
• een H. Sullins, Director • ,
Division of Water Quality
By Authority of the Environmental Management Commission

Permit NC0088901
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.
Larry Miller is hereby authorized to:
1. After receiving an Authorization to Construct permit from the Division,
construct wastewater treatment facilities not to exceed 0.002,MGD design
now.
2. After submitting an Engineer's Certification, operate 0.002 MGD package
plant located on Highway 70 East at 2041 US Hwy 70 East Apartment
Complex in McDowell County and discharge from said treatment works at
the ,location specified on the attached map into Forsyth Creek, a class C
water in the Catawba River Basin.

,,
yy'y�CEM `T '
it '1 �1 •r•" I
f
1
./°fir"•
1 J' 70 ;7
Discharge Point f�f /
N35' 42' 0.95"''~--
W ° 58' 42.63" f t r
del
dPPP
mop
dop
I
Apamt Complex rr
70
,,
art
i .
• n�
' o 250 . ao
MN (6.5.1J�
Latitude:
350 42' 0.96"
Longitude:
810 58' 42.63"
NI
USGS Quad #:_
EIONE
River Basin.#:
03-08-30
Receiving Stream:
Forsyth Creek
Stream Class:
- C
2041 US Hwy 70 East
Apartment Complex
McDowell County
NC0088901

Permit N:CO088901
A. (1.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS
During the period beginning upon completion of the construction of WWTP and lasting
until expiration, the Permittee is authorized to discharge from outfall 001. Such
discharges shall be limited and monitored by the Permittee as specified below:
EFFLUENT
CHARACTERISTICS'°:
<
LIMITS,",k
MONITORING REQUIREMENTS
Monthly
Average
:Weekly
,Average '
Daily
IUlazimum
Measurement
Frequency
Sample Type
). ,.
Sample
;Location
Flow
0.002 MGD
Weekly
Instantaneous
Influent or
Effluent
BOD, 5-day (20°C)
30.0 mg/L
45.0 mg/L
2/Month
Grab
Effluent
Total Suspended Solids
30.0 mg/L
45.0 mg/L
2/Month
Grab
Effluent
NHA
Monthly
Grab
Effluent
Fecal Coliform (geometric
mean)
200/100 mL
400/100 mL
2/Month
Grab
Effluent
Total Residual Chlorine'
28 pg/L
2/Week
Grab
Effluent
Temperature (°C)
Weekly
Grab
Effluent
pH2
2/Month
Grab
Effluent
Footnotes:
1. Limit and, monitoring applies only if chlorine is added for disinfection. The facility
shall report all effluent TRC values reported by a NC certified laboratory including
field certified. However, effluent values below 50 µg/L will be treated as zero for
compliance purposes.
2. The pH shall not be less -:than 6.0 standard units nor greater than 9.0 standard
units.
There shall be no discharge of floating solids or visible foam in other than trace
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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.
B ass
The known diversion of waste streams from any portion of a treatment facility including the collection system, which
is not a designed or established or operating mode for the facility.
Calendar Day
The period from midnight of one day until midnight of the next day. However, for purposes of this permit, any
consecutive 24-hour period that reasonably represents the calendar day may be used for sampling.
Calendar Week
The period from Sunday through the following Saturday.
Calendar Quarter
One of the following distinct periods: January through March, April through June, July through September, and
October through December.
Composite Sample
A sample collected over a 24-hour period by continuous sampling or combining grab samples of at least 100 ml in
such a manner as to result in a total sample representative of the wastewater discharge during the sample period. The
Director may designate the most appropriate method (specific number and size of aliquots necessary, the time
interval between grab samples, etc.) on a case -by -case basis. Samples may be collected manually or automatically.
Composite samples may be obtained by the following methods:
(1) Continuous: a single, continuous sample collected over a 24-hour period proportional to the rate of flow.
(2) Constant time/variable volume: a series of grab samples collected at equal time intervals over a 24 hour
period of discharge and combined proportional to the rate of flow measured at the time of individual sample
collection, or
(3) Variable time/constant volume: a series of grab samples of equal volume collected over a 24 hour period
-with the time intervals between samples determined by a preset number of gallons passing the sampling
point. Flow measurement between sample intervals shall be determined by use of a flow recorder and
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totalizer, and the preset gallon interval between sample collection fixed at no greater than 1/24 of the
expected total daily flow at the treatment system, or
(4) Constant time/constant volume: a series of grab samples of equal volume collected over a 24-hour period at
a constant time interval. Use of this method requires prior approval by the Director. This method
may only be used in situations where effluent flow rates vary less than 15 percent. The following
restrictions also apply:
➢ Influent and effluent grab samples shall be of equal size and of no less than 100 milliliters
➢ Influent samples shall not be collected more than once per hour.
➢ Permittees with wastewater treatment systems whose detention time < 24 hours shall collect effluent
grab samples at intervals of no greater than 20 minutes apart during any 24-hour period.
➢ Permittees with wastewater treatment systems whose detention time exceeds 24 hours shall collect
effluent grab samples at least every six hours; there must be a minimum of four samples during a 24-hour
sampling period.
Continuous flow measurement
Flow monitoring that occurs without interruption throughout the operating hours of the facility. Flow shall be
monitored continually except for the infrequent times when there may be no flow or for infrequent maintenance
activities on the flow device.
Daily Discharge
The discharge of a pollutant measured during a calendar day or any 24-hour period that reasonably represents the
calendar day for purposes of sampling. For pollutants measured in units of mass, the "daily discharge" is calculated as
the total mass of the pollutant discharged over the day. The "daily discharge" concentration comprises the mean
concentration for a 24-hour sampling period as either a composite sample concentration or the arithmetic mean of all
grab samples collected during that period. (40 CFR 122.2)
Daily Maximum
The highest "daily discharge" during the calendar month.
Daily Sampling
Parameters requiring daily sampling shall be sampled 5 out of every 7 days per week unless otherwise specified in the
permit. Sampling shall be conducted on weekdays except where holidays or other disruptions of normal operations
prevent weekday sampling. If sampling is required for all seven days of the week for any permit parameter(s), that
requirement will be so noted on the Effluent Limitations and Monitoring Page(s).
DWO or "the Division"
The Division of Water Quality, Department of Environment and Natural Resources.
EMC
The North Carolina Environmental Management Commission.
EPA
The United States Environmental Protection Agency
Facility Closure
Cessation of all activities that require coverage under this NPDES permit. Completion of facility closure will allow
this permit to be rescinded. ,
Geometric Mean
The Nth root of the product of the individual values where N = the number of individual values. For purposes of
calculating the geometric mean, values of "0" (or "< [detection level]' shall be considered =1.
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Grab Sample
Individual samples of at least 100 ml collected over a period of time not exceeding 15 minutes. Grab samples can be
collected manually. Grab samples must be representative of the discharge (or the receiving stream, for instream
samples).
Hazardous Substance
Any substance designated under 40 CFR Part 116 pursuant to Section 311 of the CWA.
Instantaneous flow measurement
A measure of flow taken at the time of sampling, when both the sample and flow will be representative of the total
discharge.
Monthly Average (concentration 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 property damage
Substantial physical damage to property, damage to the treatment facilities which causes them to become inoperable,
or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a
bypass. Severe property damage excludes economic loss caused by delays in production.
Toxic Pollutant:
Any pollutant listed as toxic under Section 307(a)(1) of the CWA.
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 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, evenif the permit has not yet been modified to incorporate
the requirement.
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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 ne,gligently 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 knowin,gly violates such sections, or such conditions or limitations is subject to criminal
penalties of $5,000 to $50,000 per day of violation, or imprisonment for not more than 3 years, or both. In
the case of a second or subsequent conviction for a knowing violation, a person shall be subject to criminal
penalties of not more than $100,000 per day of violation, or imprisonment of not more than 6 years, or both.
[33 USC 1319 (c) (2) and 40 CFR 122.41 (a) (2)]
e. Any person who knowingly violates section 301, 302, 303, 306, 307, 308, 318 or 405 of the Act, or any permit
condition or limitation implementing any of such sections in a permit issued under section 402 of the Act,
and who knows at that time that he thereby places another person in imminent danger of death or serious
bodily injury, shall, upon conviction, be subject to a fine of not more than $250,000 or imprisonment of not
more than 15 years, or both. In the case of a second or subsequent conviction for a knowing endangerment
violation, a person shall be subject to a fine of not more than $500,000 or by imprisonment of not more than
30 years, or both. An organization, as defined in section 309(c)(3)(B)(iii) of the CWA, shall, upon conviction
of violating the imminent danger provision, be subject to a fine of not more than $1,000,000 and can be fined
up to $2,000,000 for second or subsequent convictions. [40 CFR 122.41 (a) (2)]
f. Under state law, a civil penalty of not more than $25,000 per violation may be assessed against any person
who violates or fails to act in accordance with the terms, conditions, or requirements of a permit. [North
Carolina General Statutes 5 143-215.6A]
g. Any person may be assessed an administrative penalty by the Administrator for violating section 301, 302,
306, 307, 308, 318 or 405 of this Act, or any permit condition or limitation implementing any of such
sections in a permit issued under section 402 of this Act. Administrative penalties for Class I violations are
not to exceed $16,000 per violation, with the maximum amount of any Class I penalty assessed not to exceed
$37,500. Penalties for Class II violations are not to exceed $16,000 per day for each day during which the
violation continues, with the maximum amount of any Class II penalty not to exceed $177,500. [33 USC 1219
(g) (2) and 40 CFR 122.41 (a) (3)]
2. Duty to Mitigate
The Permittee shall take all reasonable steps to minimize or prevent any discharge or sludge use or disposal in
violation of this permit with a reasonable likelihood of adversely affecting human health or the environment [40
CFR 122.41 (d)].
3. Civil and Criminal Liability
Except as provided in permit conditions on "Bypassing" (Part II. C. 4), "Upsets" (Part II. C. 5) and "Power
Failures" (Part II. C. 7), nothing in this permit shall be construed to relieve the Permittee from any
responsibilities, liabilities, or penalties for noncompliance pursuant to NCGS 143-215.3, 143-215.6 or Section 309
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of the Federal Act, 33 USC 1319. Furthermore, the Permittee is responsible for consequential damages, such as
fish kills, even though the responsibility for effective compliance may be temporarily suspended.
4. Oil and Hazardous Substance Liability
Nothing in this permit shall be construed to preclude the institution of any legal action or relieve the Permittee
from any responsibilities, liabilities, or penalties to which the Permittee is or may be subject to under NCGS 143-
215.75 et seq. or Section 311 of the Federal Act, 33 USG 1321. Furthermore, the Permittee is responsible for
consequential damages, such as fish kills, even though the responsibility for effective compliance may be
temporarily suspended.
5. Property Rights
The issuance of this permit does not convey any property rights in either real or personal property, or any
exclusive privileges, nor does it authorize any injury to private property or any invasion of personal rights, not
any infringement of Federal, State or local laws or regulations [40 CFR 122.41
6. Onshore or Offshore Construction
This permit does not authorize or approve the construction of any onshore or offshore physical structures or
facilities or the undertaking of any work in any navigable waters.
7. 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.
Any Permittee that has not requested renewal at least 180 days prior to expiration, or any Permittee that does not
have a permit after the expiration and has not requested renewal at least 180 days prior to expiration, will subject
the Permittee to enforcement procedures as provided in NCGS 143-215.6 and 33 USC 1251 et. seq.
11. Signatory Requirements
All applications, reports, or information submitted to the Permit Issuing Authority shall be signed and certified
[40 CFR 122.41 (k)].
a. All permit applications shall be signed as follows:
(1) For a corporation: by a responsible corporate officer. For the purpose of this Section, a responsible
corporate officer means: (a) a president, secretary, treasurer or vice president of the corporation in
charge of a principal business function, or any other person who performs similar policy or decision
making functions for the corporation, or (b) the manager of one or more manufacturing, production, or
operating facilities, provided, the.manager is authorized to make management decisions which govern the
operation of the regulated facility including having the explicit or implicit duty of making major capital
investment recommendations, and initiating and directing other comprehensive measures to assure long
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term environmental compliance with environmental laws and regulations; the manager can ensure that
the necessary systems are established or actions taken to gather complete and accurate information for
permit application requirements; and where authority to sign documents has been assigned or delegated
to the manager in accordance with corporate procedures .
(2) For a partnership or sole proprietorship: by a general partner or the proprietor, respectively; or
(3) For a municipality, State, Federal, or other public agency: by either a principal executive officer or
ranking elected official [40 CFR 122.22].
b. All reports required by the permit and other information requested by the Permit Issuing Authority shall be
signed by a person described in paragraph a. above or by a duly authorized representative of that person. A
person is a duly authorized representative only if:
1. The authorization is made in writing by a person described above;
2. The authorization specified either an individual or a position having responsibility for the overall
operation of the regulated facility or activity, such as the position of plant\manager, operator of a well or
well field, superintendent, a position of equivalent responsibility, or an individual or position having
overall responsibility for environmental matters for the company. (A duly authorized representative may
thus be either a named individual or any individual occupying a named position.); and
3. The written authorization is submitted to the Permit Issuing Authority [40 CFR 122.22]
c. Changes to authorization: If an authorization under paragraph (b) of this section is no longer accurate
because a different individual or position has responsibility for the overall operation of the facility, a new
authorization satisfying the requirements of paragraph (b) of this section must be submitted to the Director
prior to or together with any reports, information, or applications to be signed by an authorized
representative [40 CFR 122.22]
d. Certification. Any person signing a document under paragraphs a. or b. of this section shall make the
following certification [40 CFR 122.22]. NO OTHER STATEMENTS OF CERTIFICATION WILL BE
ACCEPTED:
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. 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) (2)
may cause this Division to initiate action to revoke the permit.
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Section C. Operation and Maintenance of Pollution Controls
Certified Operator
Upon classification of the permitted facility by the Certification Commission, the Permittee shall employ a
certified water pollution control treatment system operator in responsible charge (ORC) of the water pollution
control treatment system. Such operator must hold a certification of the grade equivalent to or greater than the
classification assigned to the water pollution control treatment system by the Certification Commission. The
Permittee must also employ one or more certified Back-up ORCs who possess a currently valid certificate of the
type of the system. Back-up ORCs must possess a grade equal to (or no more 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.
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)].
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)]
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The Permittee may allow any bypass to occur which does not cause effluent limitations to be exceeded, but
only if it also is for essential maintenance to assure efficient operation. These bypasses are not subject to the
provisions of Paragraphs b. and c. of this section.
b. Notice [40 CFR 122.41 (m) (3)]
(1) Anticipated bypass. If the Permittee knows in advance of the need for a bypass, it shall submit prior
notice, if possible at least ten days before the date of the bypass; including an evaluation of the
anticipated quality and effect of the bypass.
(2) Unanticipated bypass. The Permittee shall submit notice of an unanticipated bypass as required in Part
II. E. 6. (24-hour notice).
c. Prohibition of Bypass
(1) Bypass from the treatment facility is prohibited and the Permit Issuing Authority may take enforcement
action against a Permittee for bypass, unless:
(A) Bypass was unavoidable to prevent loss of life, personal injury or severe property damage;
(B) There were no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities,
retention of untreated wastes or maintenance during normal periods of equipment downtime. This
condition is not satisfied if adequate backup equipment should have been installed in the exercise of
reasonable engineering judgment to prevent a bypass which occurred during normal periods of
equipment downtime or preventive maintenance; and
(C) The Permittee submitted notices as required under Paragraph b. of this section.
(2) Bypass from the collection system is prohibited and the Permit Issuing Authority may take enforcement
action against a Permittee for a bypass as provided in any current or future system -wide collection system
permit associated with the treatment facility.
(3) The Permit Issuing Authority may approve an anticipated bypass, after considering its adverse effects, if
the Permit Issuing Authority determines that it will meet the three conditions listed above in Paragraph c.
0) 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.
b. Conditions necessary for a demonstration of upset: Any Permittee who wishes to establish the
affirmative defense of upset shall demonstrate, through properly signed, contemporaneous operating logs, or
other relevant evidence that:
(1) An upset occurred and that the Permittee can identify the cause(s) of the upset;
(2) The Permittee facility was at the time being properly operated; and
(3) The Permittee submitted notice of the upset as required in Part II. E. 6. (b) of this permit.
(4) The Permittee complied with any remedial measures required under Part II. B. 2. of this permit.
c. Burden of proof [40 CFR 122.41 (n) (4)]: The Permittee seeking to establish the occurrence of an upset
has the burden of proof in any enforcement proceeding.
6. Removed Substances
Solids, sludges, filter backwash, or other pollutants removed in the course of treatment or control of wastewaters
shall be utilized/disposed of in accordance with NCGS 143-215.1 and in a manner such as to prevent any pollutant
from such materials from entering waters of the State or navigable waters of the United States. The Permittee
shall comply with all existing Federal regulations governing the disposal of sewage sludge. Upon promulgation of
40 CFR Part 503, any permit issued by the Permit Issuing Authority for the utilization/disposal of sludge may be
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reopened and modified, or revoked and reissued, to incorporate applicable requirements at 40 CFR 503. The
Permittee shall comply with applicable 40 CFR 503 Standards for the Use and Disposal of Sewage Sludge (when
promulgated) within the time provided in the regulation, even if the permit is not modified to incorporate the
requirement. The Permittee shall notify the Permit Issuing Authority of any significant change in its sludge use
or disposal practices.
7. Power Failures
The Permittee is responsible for maintaining adequate safeguards (as required by 15A NCAC 211.0124) to prevent
the discharge of untreated or inadequately treated wastes during electrical power failures either by means of
alternate power sources, standby generators or retention of inadequately treated effluent.
Section D. Monitoring and Records
Representative Sampling
Samples collected and measurements taken, as required herein, shall be characteristic of the volume and nature of
the permitted discharge. Samples collected at a frequency less than daily shall be taken on a day and time that is
characteristic of the discharge over the entire period the sample represents. All samples shall be taken at the
monitoring points specified in this permit and, unless otherwise specified, before the effluent joins or is diluted
by any other wastestream, body of water, or substance. Monitoring points shall not be changed without
notification to and the approval of the Permit Issuing Authority [40 CFR 122.41 (j)].
2. Reporting
Monitoring results obtained during the previous month(s) shall be summarized for each month and reported on a
monthly Discharge Monitoring Report (DMR) Form (MR 1, 1.1, 2, 3) or alternative forms approved by the
Director, postmarked no later than the last calendar day of the month following the completed reporting period.
The first DMR is due on the last day of the month following the issuance of the permit or in the case of a new
facility, on the last day of the month following the commencement of discharge. Duplicate signed copies of
these, and all other reports required herein, shall be submitted to the following address:
NC DENR / Division of Water Quality / Water Quality Section
ATTENTION: Central Files
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
3. Flow Measurements
Appropriate flow measurement devices and methods consistent with accepted scientific practices shall be selected
and used to ensure the accuracy and reliability of measurements of the volume of monitored discharges. The
devices shall be installed, calibrated and maintained to ensure that the accuracy of the measurements is consistent
with the accepted capability of that type of device. Devices selected shall be capable of measuring flows with a
maximum deviation of less than 10% from the true discharge rates throughout the range of expected discharge
volumes. Flow measurement devices shall be accurately calibrated at a minimum of once per year and maintained
to ensure that the accuracy of the measurements is consistent with the accepted capability of that type of device.
The Director shall approve the flow measurement device and monitoring location prior to installation.
Once -through condenser cooling water flow monitored by pump logs, or pump hour meters as specified in Part I
of this permit and based on the manufacturer's pump curves shall not be subject to this requirement.
4. Test Procedures
Laboratories used for sample analysis must be certified by the Division. Permittees should contact the Division's
Laboratory Certification Section (919 733-3908 or http://h2o.enr.state.nc.us/lab/cert.htm) for information
regarding laboratory certifications.
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Personnel conducting testing of field -certified parameters must hold the appropriate field parameter
certifications.
Test procedures for the analysis of pollutants shall conform to the EMC regulations (published pursuant to
NCGS 143-215.63 et. seq.), the Water and Air Quality Reporting Acts, and to regulations published pursuant to
Section 304(g), 33 USC 1314, of the CWA (as amended), and 40 CFR 136; or in the case of sludge use or disposal,
approved under 40 CFR 136, unless otherwise specified in 40 CFR 503, unless other test procedures have been
specified in this permit [40 CFR 122.41].
To meet the intent of the monitoring required by this permit, all test procedures must produce minimum
detection and reporting levels that are below the permit discharge requirements and all data generated must be
reported down to the minimum detection or lower reporting level of the procedure. If no approved methods are
determined capable of achieving minimum detection and reporting levels below permit discharge requirements,
then the most sensitive (method with the lowest possible detection and reporting level) approved method must
be used.
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 122.41]:
a. The date, exact place, and time of sampling or measurements;
b. The individual(s) who performed the sampling or measurements;
c. The date(s) analyses were performed;
d. The individual(s) who performed the analyses;
e. The analytical techniques or methods used; and
f. The results of such analyses.
8. Inspection and Entry
The Permittee shall allow the Director, or an authorized representative (including an authorized contractor acting
as a representative of the Director), upon the presentation of credentials and other documents as may be required
by law, to;
a. Enter upon the Permittee's premises where a regulated facility or activity is located or conducted, or where
records must be kept under the conditions of this permit;
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b. Have access to and copy, at reasonable times, any records that must be kept under the conditions of this
permit;
c. Inspect at reasonable times any facilities, equipment (including monitoring and control equipment), practices,
or operations regulated or required under this permit; and
d. Sample or monitor at reasonable times, for the purposes of assuring permit compliance or as otherwise
authorized by the CWA, any substances or parameters at any location [40 CFR 122.41 (i)].
Section E Reporting Requirements
1. Change in Discharge
All discharges authorized herein shall be consistent with the terms and conditions of 'this permit.. The discharge
of any pollutant identified in this permit more frequently than or at a level in excess of that authorized shall
constitute a violation of the permit.
2. Planned Changes
The Permittee shall give notice to the Director as
additions to the permitted facility [40 CFR 122.41 (1)].
soon as possible of any planned physical alterations or
Notice is required only when:
a. The alteration or addition to a permitted facility may meet one of the criteria for new sources at 40 CFR
122.29 (b); or
b. The alteration or addition could significantly change the nature or increase the quantity of pollutants
discharged. This notification applies to pollutants subject neither to effluent limitations in the permit, nor to
notification requirements under 40 CFR 122.42 (a) 0).
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 122.410) (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 122.410) (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
monitoring shall be included in the calculation and reporting of the data submitted on the DMR.
6. Twenty-four Hour Reporting
a. The Permittee shall report to the Director or the appropriate Regional Office any noncompliance that
potentially threatens public health or the environment. Any information shall be provided orally within 24
hours from the time the Permittee became aware of the circumstances. A written submission shall also be
provided within 5 days of the time the Permittee becomes aware of the circumstances. The written
submission shall contain a description of the noncompliance, and its cause; the. period of noncompliance,
including exact dates and times, and if the, noncompliance has not been corrected, the anticipated time it is
expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the
noncompliance [40 CFR 122.410) (6)].
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b. The Director may waive the written report on a case -by -case basis for reports under this section if the oral
report has been received within 24 hours.
c. Occurrences outside normal business hours may also be reported to the Division's Emergency Response
personnel at [phone], [phone] or [phone].
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 (l) (7)].
8. Other Information
Where the Permittee becomes aware that it failed to submit any relevant facts in a permit application, or
submitted incorrect information in a permit application or in any report to the Director, it shall promptly submit
such facts or information [40 CFR 122.41 (1) (8)].
Noncompliance Notification
The Permittee shall report by telephone to either the central office or the appropriate regional office of the
Division as soon as possible, but in no case more than 24 hours or on the next working day following the
occurrence or first knowledge of the occurrence of any of the following:
a. Any occurrence at the water pollution control facility which results in the discharge of significant amounts of
wastes which are abnormal in quantity or characteristic, such as the dumping of the contents of a sludge
digester; the known passage of a slug of hazardous substance through the facility; or any other unusual
circumstances.
b. Any process unit failure, due to known or unknown reasons, that render the facility incapable of adequate
wastewater treatment such as mechanical or electrical failures of pumps, aerators, compressors, etc.
c. Any failure of a pumping station, sewer line, or treatment facility resulting in a by-pass without treatment of
all or any portion of the influent to such station or facility.
Persons reporting such occurrences by telephone shall also file a written report within 5 days following first
knowledge of the occurrence.
10. Availability of Reports
Except for data determined to be confidential under NCGS 143-215.3 (a)(2) or Section 308 of the Federal Act, 33
USC 1318, all reports prepared in accordance with the terms shall be available for public inspection at the offices
of the Division. As required by the Act, effluent data shall not be considered confidential. Knowingly making
any false statement on any such report may result in the imposition of criminal penalties as provided for in
NCGS 143-215.1 (b) (2) or in Section 309 of the Federal Act.
11. Penalties for Falsification of Reports
The CWA provides that any person who knowingly makes any false statement, representation, or certification in
any record or other document submitted or required to be maintained under this permit, including monitoring
reports or reports of compliance or noncompliance shall, upon conviction, be punished by a fine of not more
than $25,000 per violation, or by imprisonment for not more than two years per violation, or by both [40 CFR
122.41].
12. Annual Performance Reports
Permittees who own or operate facilities that collect or treat municipal or domestic waste shall provide an annual
report to the Permit Issuing Authority and to the users/customers served by the Permittee (NCGS 143-215.1C).
The report shall summarize the performance of the collection or treatment system, as well as the extent to which
the facility was compliant with applicable Federal or State laws, regulations and rules pertaining to water quality.
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The report shall be provided no later than sixty days after the end of the calendar or fiscal year, depending upon
which annual period is used for evaluation.
The report shall be sent to:
NC DENR / DWQ / Central Files
1617 Mail Service Center
Raleigh, NC 27699-1617
PART III
OTHER REQUIREMENTS
Section A. Construction
The Permittee shall not commence construction of wastewater treatment facilities, nor add to the plant's treatment
capacity, nor change the treatment process(es) utilized at the treatment plant unless the Division has issued an
Authorization to Construct (AtC) permit. Issuance of an AtC will not occur until Final Plans and Specifications for
the proposed construction have been submitted by the Permittee and approved by the Division.
Section B. Groundwater Monitoring
The Permittee shall, upon written notice from the Director, conduct groundwater monitoring as may be required to
determine the compliance of this NPDES permitted facility with the current groundwater standards.
Section C. Changes in Discharges of Toxic Substances
The Permittee shall notify the Permit Issuing Authority as soon as it knows or has reason to believe (40 CFR 122.42):
a. That any- activity has occurred or will occur which would result in the discharge, on a routine or frequent
basis, of any toxic pollutant which is not limited in the permit, if that discharge will exceed the highest of the
following "notification levels";
(1) One hundred micrograms per liter (100 µg/L);
(2) Two hundred micrograms per liter (200 µg/L) for acrolein and acrylonitrile; five hundred micrograms
per liter (500 µg/L) for 2.4-dinitrophenol and for 2-methyl-4.6-dinitrophenol; and one milligram per liter
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';
(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
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adverse impacts to waters of the State. This permit cannot be rescinded while any activities requiring this permit
continue at the permitted facility.
PART IV
SPECIAL CONDITIONS FOR MUNICIPAL FACILITIES
Section A. Definitions
In addition to the definitions in Part II of this permit, the following definitions apply to municipal facilities:
Indirect Discharge or Industrial User
Any non -domestic source that discharges wastewater containing pollutants into a POTW regulated under section
307(b), (c) or (d) of the CWA. [40 CFR 403.3 (b) (i) and (j)]
Interference
Inhibition or disruption of the POTW treatment processes; operations; or its sludge process, use, or disposal which
causes or contributes to a violation of any requirement of the POTWs NPDES Permit or prevents sewage sludge use
or disposal in compliance with specified applicable State and Federal statutes, regulations, or permits. [15A NCAC
2H.0903 (b) (13)]
Pass Through
A discharge which exits the POTW into waters of the State in quantities or concentrations which, alone or with
discharges from other sources, causes a violation, including an increase in the magnitude or duration of a violation, of
the POTWs NPDES permit, or of an instream water quality standard. [15A NCAC 2H.0903 (b) (23)]
Publicly Owned Treatment Works (POT)'4
A treatment works as defined by Section 212 of the CWA, owned by a State or local government entity. This
definition includes any devices and systems used in the storage, treatment, recycling and reclamation of municipal
sewage or industrial wastes of a liquid nature. It also includes sewers, pipes, and other conveyances only if they
convey wastewater to a POTW. The term also means the local government entity, or municipality, as defined in
section 502(4) of the CWA, which has jurisdiction over indirect discharges to and the discharges from such a
treatment works. [15A NCAC 2H.0903 (b) (27)]
"Significant Industrial User" or "SIU"
An industrial user that discharges wastewater into a publicly owned treatment works and that [15A NCAC 2H.0903
(b) (34)]:
(a) discharges an average of 25,000 gallons or more per day of process wastewater to the POTW (excluding
sanitary, noncontact cooling and boiler blowdown wastewaters) or;
(b) contributes more than 5 percent of the design flow of the POTW treatment plant or more than 5 percent of
the maximum allowable headworks loading of the POTW treatment plant for any pollutant of concern, or;
(c) is required to meet a national categorical pretreatment standard, or;
(d) is, regardless of Parts (a), (b), and (c) of this definition, otherwise determined by the POTW, the Division, or
the EPA to have a reasonable potential for adversely affecting the POTWs operation or for violating any
pretreatment standard or requirement or POTWs receiving stream standard, or to limit the POTWs sludge
disposal options.
Section B. Publicly Owned Treatment Works (POTWs)
All POTWs are required to prevent the introduction of pollutants into the POTW which will interfere with the
operation of the POTW, including interference with its use or disposal of municipal sludge, or pass through the
treatment works or otherwise be incompatible with such treatment works. [40 CFR 403.2]
All POTWs must provide adequate notice to the Director of the following [40 CFR 122.42 (b)]:
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1. Any new introduction of pollutants into the POTW from an indirect discharger, including pump and
hauled waste, which would be subject to section 301 or 306 of CWA if it were directly discharging those
pollutants; and
2. Any substantial change in the volume or character of pollutants being introduced by an indirect discharger
as influent to that POTW at the time of issuance of the permit.
3. For purposes of this paragraph, adequate notice shall include information on (1) the quality and quantity of
effluent introduced into the POTW, and (2) any anticipated impact that may result from the change of the
quantity or quality of effluent to be discharged from the POTW.
Section C. Municipal Control of Pollutants from Industrial Users.
Effluent limitations are listed in Part I of this permit. Other pollutants attributable to inputs from industries
using the municipal system may be present in the Permittee's discharge. At such time as sufficient information
becomes available to establish limitations for such pollutants, this permit may be revised to specify effluent
limitations for any or all of such other pollutants in accordance with best practicable technology or water
quality standards.
2. Prohibited Discharges
a. Under no circumstances shall the Permittee allow introduction of pollutants or discharges into the waste'
treatment system or waste collection system which cause or contribute to Pass Through or Interference
as defined in 15A NCAC 2H.0900 and 40 CFR 403. [40 CFR 403.5 (a) (1)]
b. Under no circumstances shall the Permittee allow introduction of the following wastes in the waste
treatment or waste collection system [40 CFR 403.5 (b)]:
1. Pollutants which create a fire or explosion hazard in the POTW, including, but not limited to,
wastestreams with a closed cup flashpoint of less than 140 degrees Fahrenheit or 60. degrees
Centigrade using the test methods specified in 40 CFR 261.21;
2. Pollutants which cause corrosive structural damage to the POTW, but in no case discharges with
pH lower than 5.0, unless the works is specifically designed to accommodate such discharges;
3. Solid or viscous pollutants in amounts which cause obstruction to the flow in the POTW resulting
in Interference;
4. Any pollutant, including oxygen demanding pollutants (BOD, etc.) released in a Discharge at a
flow rate and/or pollutant concentration which will cause Interference with the POTW;
5. Heat in amounts which will may inhibit biological activity in the POTW resulting in Interference,
but in no case heat in such quantities that the temperature at the POTW Treatment Plant exceeds
40°C (104°F) unless the Division, upon request of the POTW, approves alternate temperature
limits;
6. Petroleum oil, nonbiodegradable cutting oil, or products of mineral oil origin in amounts that will
cause interference or pass through;
7. Pollutants which result in the presence of toxic gases, vapors, or fumes within the POTW in a
quantity that may cause acute worker health and safety problems;
8. Any trucked or hauled pollutants, except at discharge points designated by the POTW.
C. The Permittee shall investigate the source of all discharges into the WWTP, including slug loads and
other unusual discharges, which have the potential to adversely impact the permittee's Pretreatment
Program and/or the operation of the WWI'P.
The Permittee shall report such discharges into the WWTP to the Director or the appropriate Regional
Office. Any information shall be provided orally within 24 hours from the time the Permittee became
aware of the circumstances. A written submission shall also be provided within 5 days of the time the
Permittee becomes aware of the circumstances. The written submission shall contain a description of
the discharge, the investigation into possible sources; the period of the discharge, including exact dates
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and times; and if the discharge has not ceased, the anticipated time it is expected to continue; and steps
taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance,
3. With regard to the effluent requirements listed in Part I of this permit, it may be necessary for the Permittee to
supplement the requirements of the Federal Pretreatment Standards (40 CFR, Part 403) to ensure compliance
by the Permittee with all applicable effluent limitations. Such actions by the Permittee may be necessary
regarding some or all of the industries discharging to the municipal system.
4. The Permittee shall require any industrial discharger sending its effluent to the permitted system to meet
Federal Pretreatment Standards promulgated in response to Section 307(b) of the Act as amended (which
includes categorical standards and locally derived limits and narrative requirements). Prior to accepting
wastewater from any significant industrial user, the Permittee shall either develop and submit to the Division a
new Pretreatment Program or a modification of an existing Pretreatment Program, for approval as required
under section D below as well as 15A NCAC 2H.0907 (a) and (b). [40 CFR 122.44 0) (2)]
5. This permit shall be modified, or alternatively, revoked and reissued, to incorporate or modify an approved
POTW Pretreatment Program or to include a compliance schedule for the development of a POTW
Pretreatment Program as required under Section 402 (b) (8) of the CWA and implementing regulations or by
the requirements of the approved State pretreatment program, as appropriate.
Section D. Pretreatment Programs
Under authority of sections 307 (b) and (c) and 402 (b) (8) of the CWA and implementing regulations 40 CFR 403,
North Carolina General Statute 143-215.3 (14) and implementing regulations 15A NCAC 2H.0900, and in accordance
with the approved pretreatment program, all provisions and regulations contained and referenced in the Pretreatment
Program Submittal are an enforceable part of this permit. [40 CFR 122.44 0) (2)]
The Permittee shall operate its approved pretreatment program in accordance with Section 402 (b) (8) of the CWA,
40 CFR 403, 15A NCAC 2H.0900, and the legal authorities, policies, procedures, and financial provisions contained
in its pretreatment program submission and Division approved modifications thereof. Such operation shall include
but is not limited to the implementation of the following conditions and requirements. Terms not defined in Part II
or Part IV of this permit are as defined in 15A NCAC 2H.0903 and 40 CFR 403.3.
Sewer Use Ordinance (SUO)
The Permitter shall maintain adequate legal authority to implement its approved pretreatment program. [15A
NCAC 2H.0905 and .0906; 40 CFR 403.8 (f) (1) and 403.9 (1), (2)]
2. Industrial Waste Survey (IWS)
The permittee shall implement an IWS consisting of the survey of users of the POTW, as required by 40 CFR
403.8 (f) (2) (i-iii) and 15A NCAC 2H.0905 [also 40 CFR 122.44 0) (1)], including identification of all industrial
users and the character and amount of pollutants contributed to the POTW by these industrial users and
identification of those industrial users meeting the definition of SIU. The Permittee shall submit a summary of
its IWS activities to the Division at least once every five years, and as required by the Division. The IWS
submission shall include a summary of any investigations conducted under paragraph B, 2, c, of this Part.
3. Monitoring Plan
The Permittee shall implement a Division -approved Monitoring Plan for the collection of facility specific data
to be used in a wastewater treatment plant Headworks Analysis (HWA) for the development of specific
pretreatment local Limits. Effluent data from the Plan shall be reported on the DMRs (as required by Part II,
Section D, and Section E.S.). [15A NCAC 2H.0906 (b) (2) and .0905]
4. Headworks Analysis UJWA) 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
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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.
Industrial User Pretreatment Permits (IUP) & Allocation Tables
In accordance with NCGS 143-215.1, the Permittee shall issue to all significant industrial users, permits for
operation of pretreatment equipment and discharge to the Permittee's treatment works. These permits shall
contain limitations, sampling protocols, reporting requirements, appropriate standard and special conditions,
and compliance schedules as necessary for the installation of treatment and control technologies to assure that
their wastewater discharge will meet all applicable pretreatment standards and requirements. The Permittee
shall maintain a current Allocation Table (AT) which summarizes the results of the HWA and the limits from
all IUPs. Permitted IUP loadings for each parameter cannot exceed the treatment capacity of the POTW as
determined by the HWA. [15A NCAC 2H.0909, .0916, and .0917; 40 CFR 403.5, 403.8 (f) (1) (iii); NCGS 143-
215.67 (a)]
6. Authorization to Construct (AQ
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
122.440)(2)]
9. Enforcement Response Plan (ERP1
The Permittee shall enforce and obtain appropriate remedies for violations of all pretreatment standards
promulgated pursuant to section 307(b) and. (c) of the Clean Water Act (40 CFR 405 et. seq.), prohibitive
discharge standards as set forth in 40 CFR 403.5 and 15A NCAC 2H .0909, and specific local limitations. All
enforcement actions shall be consistent with the Enforcement Response Plan (ERP) approved by the Division.
[15A NCAC 2H .0906(b)(7) and .0905; 40 CFR 4038(f)(5)]
10. Pretreatment Annual Reports (PART
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.
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For all other active pretreatment programs, the Permittee shall submit two copies of a Pretreatment Annual
Report (PAR) describing its pretreatment activities over the previous twelve months to the Division at the
following address:
NC DENR / DWQ / Pretreatment, Emergency Response, and Collection Systems Unit (PERCS)
1617 Mail Service Center
Raleigh, NC 27699-1617
These reports shall be submitted according to a schedule established by the Director and shall contain the
following -
a) Narrative
A brief discussion of reasons for, status of, and 'actions taken for all Industrial Users (IUs) in Significant
Non -Compliance (SNC);
b.) Pretreatment Program 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 (,IDSQ
Monitoring data from samples collected by both the POTW and the Significant Industrial User (SIU)
and any monitoring data for other Industrial Users (IUs) in SNC. These analytical results must be
reported on Industrial Data Summary Forms (IDSF) or other specific format approved by the Division;
e.) Other Information
Copies of the POTW's allocation table, new or modified enforcement compliance schedules,. public
notice of IUs in SNC, and any other information, upon request, which in the opinion of the Director is
needed to determine compliance with the pretreatment implementation requirements of this permit;
1 L` Public Notice
The Permittee shall publish annually a list of Industrial Users (IUs) that were in Significant Non -Compliance
(SNC) as defined in the Permittee's Division -approved Sewer Use Ordinance with applicable pretreatment
requirements and standards during the previous twelve month period. This list shall be published within four
months of the applicable twelve-month period. [15A NCAC 2H .0903(b)(35)..0908(b)(5) and .0905 and 40
CFR 403.8(0(2)(vi0],
12. Record Keeping
The Permittee shall retain for a minimum of three years records of monitoring activities and results, along with
support information including general records, water quality records, and records of industrial impact on the
POTW. [15A NCAC 214.0908(f); 40 CFR 403.12(o)]
13. Funding and Financial Report
The Permittee shall maintain adequate funding and staffing levels to accomplish the objectives of its approved
pretreatment program. [15A NCAC 2H .0906(a) and .0905; 40 CFR 403.8(f)(3), 403.9(b)(3)]
14. Modification to Pretreatment Programs
Modifications to the approved pretreatment program including but not limited to local limits modifications,
POTW monitoring of their Significant Industrial Users (SIUs), and Monitoring Plan modifications, shall be
considered a permit modification and shall be governed by 15 NCAC 2H .0114 and 15A NCAC 214.0907.
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NC®ENR
North Carolina Department of Environment and
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins
Governor Director
October 25, 2010
E C
Natural Resources
K; OCT 2 8 2010
c; Dee Freeman
r } WATER OiJALITY SEeCC,rPary j
ASHEVU-F R[ G!0NAL OFFICE
RETURN RECEIPT REQUESTED CERTIFIED MAIL 7007 0710 0000 5376 6733
Mr. Larry Miller
2024 Nix Creek Road, Suite A
Marion, NC 28752
Subject: NOTICE OF VIOLATION — NOV - 2010 - LR - 0075
2041 US HWY 70 East Apartment Complex WWTP NCO088901
McDowell County
Dear Mr. Miller:
This is to inform you that the Division of Water Quality has not received your monthly monitoring report for August
2010 after the required reporting date. This is in violation of Part II, Condition D (2) of the NPDES permit, as well as 15A
NCAC 2B .506(a), which requires the submittal of Discharge Monitoring Reports no later than the thirtieth (30fh) day
following the reporting period. Failure to submit reports as required will subject the violator to the assessment of a
civil penalty of up to $25,000 per violation. You will be considered noncompliant with the self -monitoring requirements
of your NPDES permit until the report has been submitted.
Please submit the August 2010 DMR report within 15 days of receipt of this notice if you have not yet
submitted it. To prevent further action, please submit future monthly reports within the above -mentioned
timeframe to avoid further enforcement actions.
The Division must take these steps because timely submittal of discharge monitoring reports is essential to the
efficient operation of our water quality programs. We appreciate your assistance in this matter. If you have any questions
about this letter or Discharge Monitoring Reports, please contact me at 919-807-6387 or at [e-mail].
Sincerely,
Bob Guerra
Western Region NPDES Unit
cc: �`RQ�S'ul" ace Wate Protection�Supervisor, Roger'Edwards
Central Files
Enforcement file
1617 Mail Service Center, Raleigh, North Carolina 27699-1617
Location: 512 N. Salisbury St. Raleigh, North Carolina 27604 One,\, +
Phone: [phone] \ FAX: [phone] Customer Service:1-877-623-6748 NOl 1,111.,arohna
Internet: http://portal.ncdenr.org/web/Wq/home
An Equal Opportunity \ Affirmative Action Employer ;Vaurallry

Jun,22, 2009 1:59PM Brooks Engineering Assoc,
No, 1933 P. 2
A,iL--
�
NCDE
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly leaves Perdue Coleen H. Sullins
Governor Director
Paul Sexton, P.E.
Brooks Engineering Associates
17 Arlington Street
Asheville, NC 28801
Dear Mr. Sexton:
June 17, 2009
Dee Freeman
Secretary
Subject: Return of NPDES Application
Lary Miller/Hwy 70 East Apt Complex
McDowell County
The Division is returning your NPDES Application Form D received on June 8, 2009 for an individual NPDES
permit for the US Highway East Apartment Complex in, Marion, North Carolina- Your application is
considered incomplete and requires the following items:
Applications fee of $860 (which will also be a recurring annual fee)- see attached.
• Completed Engineering Alternatives Analysis (EAA) and Local Government Review Form- see
attached. The completed EAA must adequately demonstrate that a direct discharge to surface waters is
the only technically/econowically feasible option for wastewater disposal.
Per your application, this facility currently discharges to a failing onsite septic system, and you are proposing a
surface water discharge of up to 1,920 gpd to Forsyth Creek. Based on the projected wastewater flow, this
discharge does not quality for coverage under General Permit NCG550000 for single family residences
(discharge limited to <1,000 gpd). if you still wish to apply for an individual NPDES permit, please resubmit a
complete application package. Please note that such a permit requires n-.onthly submittal of discharge
monitoring reports with monitoring h.-equencies ranging from weekly to monthly, as well as an annual fee of
$850. Violations of effluent limitations will be subject to enforcement action.
Please note that discharge of wastewater to the surface waters of the State of North Carolina without a valid
NPDES permit subjects a person to the Division of Water Quality's civil penalty authority. Please also note
1617 Mall Service Center, Raleigh, North Carolina 27699.1617
Location: 512 N. Salisbury SI. Ralelgh, North Carolina 27604 One
Phone: [phone] FAX: 91M07-64W Custorner service: 1-877-623.6746 Noi thCar olina
Internet; Y:mv.ncvtaterquarily.org -� q��ys�'����
A.nEqualOprmrtunity\AlhrmaliveAclionEm(//�/ployer fed

Jun,22, 2009 1:59PM Brooks Engineering Assoc. No.1933 P. 1
III K S E N 0 1 RE E R I N 0 A S S I 1
BEff
LAND PLANNING 0 1 V I L E N 0 1 N E E R I N G SURVEYING ENV18ONMEN 7AI SERVICES
FAX OVER SHEET
To:
Roy Davis
Froml
Paul Sexton
Fax:
299-7043
Pages.
3 (including cover)
Phone:
296-4659
Date:
6/22/2009
no:
326409
CC:
File
❑ Urgent ❑ For Review ❑ Please Comment ❑ Please Reply L1 Please Recycle
Comments:
Mr. Davis,
Please find attached cover letter from Tom Belnick with DWQ out of Raleigh.
Thanks
�i J U N 2 2 2009
WATER R O�ALITY SECTION
gSHEVILLE REGIONAL OFFICE
17 ARLINGTON STREET ASHEVILLE, NO 28801 P: 828.M.4700 f: 825.232.1031 WwW OROOKSEA.COM

Jun,22. 2009 1:59PM Brooks Engineering Assoc.
No.1933 P. 3
that you must first obtain an NPDES discharge permit, then apply for an Authorization to Construct (ATC)
permit prior to the construction of the wastewater treatment plant. All ATC permits for wastewater treatment
facilities are administered by the Division's Construction Grants and Loans Section. Information on the ATC
application process is available on the CG&L website at www.ncc l.com.
If you have any questions on the NPDES perinitting process, please call me at 919-807-6390.
Sin •ely,
�41
m Belnrc
V-U/1
Supervisor, NPDES West program
Cc- letter only
ARO, Surface Water Protection Section
Larry Miller, 2024 Nix Creek Road, Suite A, Marion, NC 28752
1617 Mail Service Center, Raleigh, North Carolina 27699-1617
t.ocalfon; 512 N. Salisbury SI. Raleigh, North Carolina 27604 One
Phone:9IM07-63004FAX: 91"07-64921CustorrerService: i-W-623-6748 NNato
/�� thCarolina
Interne(' wvnv.navalerqualiry.org An Egval Opportunity l AKmna!iee Action Emnnyer `

WATFRQ Michael F. Easley, Governor
' William G. Ross Jr., Secretary
`0 G North Carolina Department of Environment -and Natural Resources
Coleen H. Sullins, Director
Division of Water Quality
SURFACE WATER PROTECTION SECTION
October 31, 2008
CERTIFIED MAIL
RETURN RECEIPT REQUESTED: 70071490 0004 0798 8565
Mr. Larry Miller
G.E.M. Constructors, Inc.
2024 Nix Creek Road, Suite A
Marion, North Carolina 28752
Subject: Inadequate Sewer System
` 2041 U.S. Highway 70 East
Larry Miller Property
McDowell County
Dear Mr. Miller:
It has come to our attention that your apartment building located at 2041 U.S.
Highway 70 East is served by a septic -tank, subsurface -sand filter sewage treatment
system designed to discharge to the State's surface waters and was possibly permitted
by the McDowell County Health Department many years ago. Now North Carolina
General Statute 1437215(a)(1) prohibits the making of an outlet into the waters of the
State without first securing a permit from the North Carolina Environmental
Management Commission: You do not hold a permit from the North Carolina
Environmental Management Commission for this wastewater discharge.
On October I sampled stream behind your apartment building to which
Sewage from. your.apartriient is discharged. The samples were analyzed for fecal
coliform' . Fecal result for the upstream sample (above your apartment) was180
colonies per 100 ml and the downstream fecal result (below your apartment) was 1,200
co oT�ies der 1 This mcrea � e In stream eca .coliform con Irms that the sewage
rod m your apartment building is being discharged to the State's surface waters. The
1 I.L' 1 ' that
1' 1 1 1 i system
1' 1 �..1�
same laborat© results indicate a hat your wastewater tr ea trier iit syistem is not providing
ig
a e Fiat- of the sewage coming from your apartment building. —�
One
' No hcarolina
North Carolina Division of Water Quality 2090 U.S. Highway 70 Swannanoa, NC 28778 Phone [phone] Customer Service Gl�llill��lJ
Internet: wwwncwaterquality.org FAX (828)299-M43 1-877-623-6748

Allowing the discharge of sewage to the surface waters of the State without a
permit places you in violation of the requirements of North Carolina General Statute
143-215.1(a)(1), North Carolina General Statute 143-215.6 provides for civil penalties
of up to $25,000 for discharging sewage without a permit. The same statute empowers
a State agency to go into Superior court seeking a court order prohibiting an activity
which is in violation of the Statutes.
Attached are two copies of our NPDES Permit Application -Form D. This
application should be'submitted to the address indicated on or before January 1, 2009.
At the very least you will have to install an effluent disinfection system to follow your
present treatment scheme. If you choose- chlorination as a means to achieve
disinfection, you will be required to install a dechlorination unit. You should acquire the
services of an Engineer licensed to practice in the State of North Carolina to assist you
in this process. Do not be surprised if your engineer discovers that extensive rebuilding
of your sub -surface sand filter ends up being required in order to meet proposed permit
effluent limits.
I encourage you to call me.at [phone] should you need to discuss this
matter. We look forward to receipt of the attached NPDES Permit Application on or
before January 1, 2009.
Sincerely,
i
Roy M. avis
Environmental Engineer
Cc: Steve Grindstaff, McDowell County Health Department
G:\WPDATA\DEMWQ\Mcdowell\Larry Miller NOV.08.doc

W A �F9QG
z
>ILE ®�� Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Coleen H. Sullins, Director
Division of Water Quality
SURFACE WATER PROTECTION SECTION
October 31, 2008
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Larry Miller
G.E.M. Constructors, Inc.
2024 Nix Creek Road, Suite A
Marion, North Carolina 28752
Dear Mr. Miller:
7007 1490 0004 0798 8565
Subject: Inadequate Sewer System
2041 U.S. Highway 70 East
Larry Miller Property
McDowell County
It has come to our attention that your apartment building located at 2041 U.S.
Highway 70 East is served by a septic -tank, subsurface -sand filter sewage treatment
system designed to discharge to the State's surface waters and was possibly permitted
by the McDowell County Health Department many years ago. Now North Carolina
General Statute 143-215(a)(1) prohibits the making of an outlet into the waters of the
State without first securing a permit from the North Carolina Environmental
Management Commission. You do not hold a permit from the North Carolina
Environmental Management Commission for this wastewater discharge.
On October I sampled the stream behind your apartment building to which
sewage from your apartment is discharged. The samples were analyzed for fecal
coliform. Fecal result for the upstream sample (above your apartment) was180
colonies per 100 ml and the downstream fecal result (below your apartment) was 1,200
colonies per 100 mi. This increase in stream fecal coliform confirms that the sewage
from your apartment building is being discharged to the State's surface waters. The
same laboratory results indicate that your wastewater treatment system is not providing
adequate treatment of the sewage coming from your apartment building.
North Carolina
North Carolina Division of Water Quality 2090 U.S. Highway 70 Swannanoa, NC 28778 Phone [phone] Customer Service Vatutall✓
Internet: wwwncwaterquality.org FAX [phone]

Allowing the discharge of sewage to the surface waters of the State without a
permit places you in violation of the requirements of North Carolina General Statute
143-215.1(a)(1). North Carolina General Statute 143-215.6 provides for civil penalties
of up to $25,000 for discharging sewage without a permit. The same statute empowers
a State agency to go i� nto Superior court seeking_a court order prohibiting an activity
which is in violation of the Statutes.
Attached are two copies of our NPDES Permit Application -Form D. This
application should be submitted to the address indicated on or before January 1, 2009.
At the very least you will have to install an effluent disinfection system to follow your
present treatment scheme. If you choose chlorination as a means to achieve
disinfection, you will be required to install a dechlorination unit. You should acquire the
services of an Engineer licensed to practice in the State of North Carolina to assist you
in this process. Do not be surprised if your engineer discovers that extensive rebuilding
of your sub -surface sand filter ends up being required in order to meet proposed permit
effluent limits.
I encourage you to call me at [phone] should you need to discuss this
matter. We look forward to receipt of the attached NPDES Permit Application on or
before January 1:,:2009.
Sincerely,
i
Roy M. avis
Environmental Engineer
Cc: Steve Grindstaff, McDowell County Health Department
GAWPDATA\DEMWQ\Mcdowell\Larry Miller NOV.08.doc

9 G)

3-2-

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11/17/08 09:28 FAX [phone] DiSD SYSTE31 SRVC i ROY DAVIS 001
Metropolitan Sewerage District
System Services Division
2028 Riverside Drive
Asheville, SIC 28804
to; °
Phone:
_Fax phone-
DC-1
Date D
NumbeP ges
including cover sheet: 62-1
From:
Phone; a20 255-0061
Fax Phone: 82E 251-9040
CC:
gE31AgKS- ❑ Urgent For your review ❑ Reply ASAP Q Plcme conunent
0
ION
IF YOU DC NOT RECEIVE-�XI- —TIRE PAGES INDICATED ABOVE, PLEASE CALL THE METROPOLITAN
SEWERAGE DISTRICT AND THE'APPAOPRYAT-E-YK(§ES WILL BE RE -TRANSMITTED,

Qn0) --
1r
Ffl

County:
MCDOWELL
River Basin
CATAWBA
Report To
AROSP
Collector:
R DAVIS
Region:
ARO
Sample Matrix:
Surfacewater
Loc. Type:
RIVER/STREAM
Emergency Yes/No
COC Yes/No
W AT�RQG
� yr-
VisitlD
Loc. Descr.: US
Sample ID:
PO Number #
Date Received:
Time Received:
Labworks LoginlD
Date Reported:
Report Generated:
Location ID: AROSPNLC I Collect Date: 1011312008 I Collect Time:: 11:45 I Sample Depth
Sample Qualifiers and Comments
Routine Qualifiers
AB36562
ARO
10/13/2008
13:50
KJIMISON
10/16/08
10/16/2008
� 6 1 a o � 0 g
For a more detailed description of these qualifier codes refer to www.dwqlab.org under Staff Access
A -Value reported is the average of two or more determinations
B1-Countable membranes with <20 colonies; Estimated N3-Estimated concentration is < PQL and >MDL
B2- Counts from all filters were zero. NE -No established PQL
B3- Countable membranes with more than 60 or 80 colonies; Estimated P-Elevated PQL due to matrix interference and/or sample dilution
B4-Filters have counts of both >60 or 80 and < 20; Estimated Q1-Holding time exceeded prior to receipt at lab.
B5-Too many colonies were present; too numerous to count (TNTC) Q2- Holding time exceeded following -receipt by -lab---<•-•
J2- Reported value failed to meet QC criteria for either precision or accuracy; Estimated PQL- Practical Quantitation Limit -subject to change.due to,instrument sensitivity
J3-The sample matrix interfered with the ability to make any accurate determination; Estimated U- Samples analyzed for this compound but not detected
J6-The lab analysis was from an unpreserved or improperly chemically preserved sample; Estimated X1- Sample not analyzed for this compound
NI -The component has been tentatively identified based on mass spectral library search and has an estimated value
ARn
Laboratory Section>> 1623 Mail Service Center, Raleigh, NC 27699-1623 [phone]
I, OCT 2 1 2008 L�
WATER QUALITY SECTION -_
ncur_v� r_ ar=,,^innic,i nFFinr=
_ _ _ P.agel:of 2�y --

NC DWQQ .Laboratory Section 1�esults Sample ID AB36562
Location ID: AROSPNLC Collect Date: 10/13/2008
Loc. Descr.: US Collect Time:: 11:45
Visit ID
CAS # Analyte Name PQL Result Qualifier Units Analyst/Date Approved By /Date
ARO
Sample temperature at receipt by lab 1.5 °C KJIMISON HPARKER
Method -Reference 10/13/08 10/15/08
Coliform, MF Fecal in liquid 1 180 CFU/100ml KJIMISON CGREEN
Method Reference APHA9222D-20th 10/13/08, 10/16/08
Laboratory Section>> 1623 Mail Service Center, Raleigh, NC 27699-1623 [phone] Page 2 of 2

COUNTY
RLVER BASIN:
REPORTTO :
XA7 fte•PonalOffice
Other :
COLLECTOR(S) :
DY C--bAVi-5
Estimated DOD Range:
Seed:
Chlorinated:
Station d/Location Code Date Beein !vv/mnddt
0
,
3OD 310 mg/l.
COD High 340 mg(L
COD Law 735 ntt/L
olifamt:'MF Fecal 31616 /100ml
Coliform: MF To tat 31504 / 100-1
Coliform: tube Fecal 31615 /100m1
Califon: Fecal Strep 31673 /I OOntl
Residue: Total 500 mg/L
Volatile 505 meL
Fixed 510 myl-
Residue: Suspended 530 mG/L
Volatile 535 m-WL
Fixed 540 mg/L
pH 403 units
Acidity to pH 4.5 436 mg/L
Acidity to pH 8.3 435 mL°.'
Alkalinity to pH 8.3 415 -91L
.Alkalinity to pH4.5 410 mefL
TOC 680 mg/L
Turbidity 76 NTU
Coliform Total Tube "/100 tnis
DIVISION OF WATER -QUALITY
Chemistry Laboratory Report/ Water Quality
I� SAMPLE TYPF
PR10P
' 4MBIENT E�] QA I I ; STREAM EFFLUEM.,
COMPLLANCE CH43N OF CUSTODY F7 LAKE INFLUL•NT
EMERGENCY jVISIT ID—, I ESTUARY
u Cl—
Station Location: ✓ .J
Remarks:
Date End (yy/mm/dd) Time Begin Time End Depth - DM, DB, DBM Value Type -A, H, L I Composite-T, S, I Sample Type
11:45 /-a Stj RV-- ac C
Chloride 940 m jL
Chl a: Tri 32217 utj• L
Chi a: Corr 32209 utt/L
Pheophytin a 32213 ug L
Color: True 80 C.U.
Color: (pH) 33 pH, c.u.
Color pH 7.6 32 C.U.
Cyanide 720 mg(L.
Fluoride 951 mg/L
Formaldehyde 7 1880 ntWL
Grease and Oils 556 mg/L
Hardness Total 900 mg/L
Specific Cond. 95 umhos/em
MBAS 38260 -9/1-
Phcnols 32730 ug(L
••
Sulfate 945 mg(L
Sulfide 745
Boron
Tannin & Lignin ug/L
Hexavalcnt Chromiunl , ug/L
Bicarbonate mg(L•
Carbonate mg/L,
Total Dissolved Solids mg/L
COMMENTS: I N 0 m
NH3 as N 610 mg/L
TIGV an N 625 mg1L
NO2 plus NO3 m N 630 mL•/L
P: Total as P 565 mg�L
PO4 as P 70507 mg/L
IP: Dissolved as P 666 mg/L.
K-: otassium nwiL
Cd- Cadmium 1027 ug/L
Cr-Chromium:Total 1034 uu'L
Cu- Copper 1042 ug/L
Ni-Nickel 1067 ug/L
Pb- Lead 1051 up/L
Zn- Zinc 1092 ug(L
V-Vanadium ug(L
Ag- Silver 1077 ug/L.
AI- Aluminum 1105 ug/L
Be -Beryllium 1012 ub'L
Ca- Calcium 916 mg/L
Cu-Cobalt 1037 ug(L
Fc- Iron 1045 ul/L,
Mo-Molvbdcnum u�r j•
Sb-Antitnony ug/L
Sn-Tin uWL
Tt-Thallium U-JL
Ti-Titanium ut,?L
Hg-1631 ng/L
Lab Number
Date Received
Time Received :
Received 3y
Data Released :
Date Reported

WC ID
Laboratory Section
Wesults
Pounty:
MCDOWELL
Sample ID:
AB36563
River Basin
Report To
CATAWBA
AROSP
aOF W A2`�9
PO Number #
ARO
O G
Date Received:
10/13/2008
Collector:
R DAVIS
>_ y
Time Received:
13:50
Region:
ARO
a Y
Labworks LoginlD
KJIMISON
Sample Matrix:
Surfacewater
Date Reported:
10/16/08
Loc. Type:
RIVER/STREAM
Report Generated:
10/16/2008
Emergency Yes/No
COC Yes/No
VisitlD
/� n
Loc. Descr.:
DS
Location ID:
AROSPNLC
Collect Date: 10/13/2008 Collect Time:: 11:50
Sample Depth
Sample Qualifiers and Comments
Routine Qualifiers
For a more detailed description of these qualifier codes refer to www.dwqlab.org under Staff Access
A -Value reported is the average of two or more determinations
B1-Countable membranes with <20 colonies; Estimated
N3-Estimated concentration is < PQL and >MDL
B2- Counts from all filters were zero. NE -No established PQL
B3- Countable membranes with more than 60 or 80 colonies; Estimated P-Elevated PQL due to matrix interference and/or sample dilution
B4-Filters have counts of both >60 or 80 and < 20; Estimated Q1-Holding time exceeded prior to receipt at lab.
B5-Too many colonies were present; too numerous to count (TNTC) Q2- Holding time exceeded following receipt by lab
J2- Reported value failed to meet QC criteria for either precision or accuracy; Estimated PQL- Practical Quantitation Limit -subject to change due to instrument.sensitivity
J3-The sample matrix interfered with the ability to make any accurate determination; Estimated U-Samples analyzed for this compound but -not -detected-
_
X1- Sample not analyzed for this comp0
u4
J6-The lab analysis was from an unpreserved or improperly chemically preserved sample; Estimated
NI -The component has been tentatively identified based on mass spectral library search and has an estimated value
Ir i 'i I I I
ARO
Laboratory Section>> 1623 Mail Service Center, Raleigh, NC 27699-1623 [phone]
UU 1 2 1 2008 i
i
',;,UAUTY SECTION
ASHEi/;I_I_E REGIONAL OFFICF

XC DWQQ .Laboratory Section Results Sample ID AB36563
Location ID: AROSPNLC Collect Date: 10/13/2008
Loc. Descr.: DS Collect Time:: 11:50
Visit ID
ARO
Sample temperature at receipt by lab 1.5 °C KJIMISON HPARKER
Method Reference 10/13/08 10/15/08
.Coliform, MF Fecal in liquid 1 1100 CFU/100ml KJIMISON CGREEN
Method Reference APHA9222D-20th 10/13/08 10/16/08
Laooratory section» 1623 Mail Service Center, Raleigh, NC 27699-1623 [phone] Page 2 of 2

COUNTY
yY\ L� o w C k -
RIVER BASIN:
REPORTTO
Regional Offioe
Other :
COLLECTOR(S)
0 Y V Ls
Estimated ROD IL nge:
Seed:
Chl—i—ted::
Station 4/Locutiou Code
Dnt; Begin / t� dd)
BOD 310 mg/L
COD High 340 mrJl,
COD Low 335 mg�L
olifonn:MFFeoa131616 /loom[
Coiifonn: MF Total 31504 /100ml
Coli•.'omt: tube Fecal 31615 /l ooml
Coliform: Fecal Strep 31673 /loom)
Residue: Total 500 mpjL
Volatile 505 mg/L
Fixed 510 .1yi.
Residue: Suspended 530 mp/L
Volatile 535 mg1L
Fixed 540 mg/L
pH 403 units
Acidity to pH 4.5 436 me,/L-
Acidity to pH 8.3 435 mPl-
Alkalinity to pH 8.3 415 mg1L
'
Alkalinity to pH 4.5 4I0 mg/L
TOC 680 mcjL
Turbidity 76 i 1TU
Coliform Total Tube •/loo mis
DIVISION OF WATT' R QUALITY
Chemistry
Laboratory Report / Water Quality
-PRIORITY
4MBIENT
QA
COMPLIANCE
❑ CHAIN OF CUSTODY
EMERGc CY
VISITiD
I
C
�S
Station Location;
Remarks;
Date End (yy/mm/dd)
Time Begin
Time End
D
IU50 Al
Chloride 940 mg/L
Chi a: Tri 32217 ug/L
Chi a: Corr 32209 u�;/L
Pheophytin a 32213 uyL
Ca lor: True SO c.u.
Color.(pH) 83 pH- c.u.
Color: pH 7.6 82 c.u.
Cyanide 720 mg/L
Fluoride 951 mg1L
Formaldehyde 71880 mg1L
Grease and Oils 556 myL
Hardness Total900 ml/L
Specific Cond. 95 umhos/cm
MBAS 38260 mg/L.
Phenols 32730 ug/L
•
Sulfate945 mg/L
Sulfide 745 mgtL
_
Boron
Tannin & Ligroin ug/L.
Hexavalent Chromium , ug(L
Bicarbonate mg/L
Carbonate mg/L
Total Dissolved Solids mel.
�0 SAMPLE TYPE
I)Q ST.2EAM C EFFLUENT
LAKE INFLUENT
ESTUARY
epth- DM,DB,DBM ! Value type -A,H.L
NH3 as N 6 10 mg/L
TKN an N 625 mg1L
NO2 plus NO3 as N 630 ute/L
P: Total ns P 665 mg(L
PO4 as P 70507 mg/L
P: Dissolved as P 666 mgg/L
K-Potassium mg/L
Cd- Cadmium 1027 ug/L
Cr-Chromium-.Total 1034 uurL
Cu-Copper 1042 up/L
Ni-Nickel 1067 up)L
Pb- Lead 1051 ug/L
Zn- Zinc 1092 ug/L
V-Vanadium ug/L
Ag-Silver 1077 ug/L
Al. Alurrdrtum I105 uVL
Be- Beryllium 1012 ug/L
Ca- Calcium 916 mg/L
Co- Cobalt 1037 up/L
Fe- Iron 1045 ug/L
Mo-iVfolybdenum ul/L
Sb-Antimony u1/L
Sn-Tin ug/L
TI-Thallium ug/L
Ti-Titaniurn ug/L
1-Ig-1631 ng/L
COMMENTS: Ll
Lab Number ' k 3
Date ReceiNcd : %0. 45'(De
Time Received :
Received By
1 Data Released :
Date Reported :
Composite-T, S, I Sample Type

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Number:PIN :1 Book and .•- 004810277
TAX MAP • _ • . • •D 1 ,y.,

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I am told that'in the future'Transylvania Utilities will notify all property owners when a SSO occurs
which reaches surface waters. Should you feel the need to discuss this matter in greater detail I
encourage you to call me at [phone].
Sincerely,
Roy M. Davis
Environmental Engineer
Cc: PERCS Files
David Medling, CSORC, Transylvania Utilities
Surface Water Protection Section Central Files
Connestee Falls Property Owners Association, 33 Connestee Trail, Brevard, N.C. 28712
G:\WPDATA\DEMWQ\Transylvania\Transylvania Utilities\Robert Sisserson Letter.doc

TO: NPDES UNIT
WATER QUALITY SECTION
ATTENTION: Sergei Chernikov
DATE: March 31, 2010
NPDES STAFF REPORT AND RECOMMENDATION
McDowell COUNTY
PERMIT NUMBER NC0088901
PART I - GENERAL INFORMATION
1. Facility and Address: Miller Apartment Complex
2041 US Hwy 70, Marion, North Carolina 28752-8749
Mailing: Mr. Larry Miller, GEM Constructors, Inc.
2024 Nix Creek Road, Suite A
Marion, NC 28752
2. Date of Investigation: March 24, 2010
3. Report Prepared By: Janet Cantwell/ ARO
4. Persons Contacted and Telephone Number: Mr. Larry Miller: Office # 828-659-1441/ Ext. 15
Cell # 828-442-6007
5. Directions to Site: From ARO: 1-40 E to Exit 81 toward Marion. Turn left onto Sugar Hill Road and
go 2.2 miles. Sugar Hill Road becomes W. Henderson St. Go 1.2 miles and turn left onto S. Main
St/ US 221. Go @ 500 ' and turn right onto E. Court St./ US Hwy 70 and go @ 2.1 miles. The
apartment complex is on the left past "The Attic."
6. Discharge Point(s), List for all discharge points: N/A: Facility has not been built.
Latitude: degrees .... minutes .... seconds
Longitude:.... degrees .... minutes .... seconds
Attach a USGS map extract and indicate treatment facility site and discharge point on map.
U.S.G.S. Quad No.: E11 NW4 U.S.G.S. Quad Name ...............
7. Site size and expansion.area consistent with application?
Yes X —No If No, explain:
8. Topography (relationship to flood plain included): It appears the sand filter will be located about
50 or so feet from Forsyth Creek.
9. Location of nearest dwelling: Onsite apartment building; home on property adjacent to E side:
10. Receiving stream or affected surface waters: Forsyth Creek
a. Classification: "C"
b. River Basin and Sub basin No.: CTB30 Stream Index: 11-25
C. Describe receiving stream features and pertinent downstream uses: secondary recreational
and wildlife propagation.
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A
PART II - DESCRIPTION OF DISCHARGE AND TREATMENT WORKS
a. Volume of wastewater to be permitted: 1,920 gpd.
b. What is the current permitted capacity of the Wastewater Treatment facility? NA
C. Actual treatment capacity of the current facility (current design capacity): NA
d. Please provide a description of existing or substantially constructed wastewater
treatment facilities: The facility has not been constructed.
2. Residuals handling and utilization/disposal scheme:
PART III - OTHER PERTINENT INFORMATION
Alternative Analysis Evaluation: Has the facility evaluated all of the non -discharge options available.
Please provide regional perspective for each option evaluated.
Spray Irrigation: No land available
Connection to Regional Sewer System: None close
Subsurface: Site not suitable
Other disposal options: Apparently none
PART IV - EVALUATION AND RECOMMENDATIONS
One note of interest: The well for the apartments' drinking water will be located -about
30 feet from the sand filter. Also, it appears the new facility will be about 10 feet from the adjoining
property line. Because of the close proximity of the facility to the well and adjoining property line, this
Region would like to point out the setbacks in the 2 T regulations.
This Region concurs with the issuance of the permit, providing sound engineering practices
allow this facility to comply with the setbacks in 15 A NCAC .02 T .0506 (b).
Janet Cantwell
Signature of Report Preparer
March 31, 2010
Roger C. Edwards
Water Quality Regional Supervisor
March 31. 2010
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