NC0088404_Regional Office Physical File Scan Up To 10/15/2020

Water Resources
ENVIRONMENTAL QUALITY
Mr. David Gray
Bright Water LLC
378 Ambler School Rd.
Marietta, SC 29661
Dear Mr. Gray:
Water
AUG 11 2M
Water OualitV Regional operations
Asheville Fteoionai O'lice _,
July 22, 2016
PAT MCCRORY
Governor
DONALD R. VAN DER VAART
Secretniy
S. JAY ZIMMERMAN
Director
Subject: Issuance of NPDES Permit N00088404
The Rapids at French Broad
Class WW-2
Buncombe County
The Division of Water Resources (the Division) hereby issues the attached NPDES permit for the
subject facility. 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.
We have made the following updates to your previous permit:
➢ Section A. (2) has been added to require electronic submission of effluent data. Federal
regulations require electronic submittal of all discharge monitoring reports (DMRs), effective
December 21, 2016.
➢ Updated parameter codes have been included.
➢ Regulatory citations have been added to the permit.
➢ An updated outfall map has been included.
➢ The stream index number has been updated to [6-(54.75)].
We have made the following updates since the draft permit:
➢ The correct NPDES permit number had been included on the updated outfall map.
➢ On page 2 of 6, the word existing has been removed in part 1 and now reads "Operate an
0.0022 MGD extended aeration package plant..." since the system is proposed and not
currently built.
➢ The facility name has been updated from Rapids at French Broad WWTP to The Rapids at
French Broad, as it appears on the renewal application.
Starting on December 21, 2016, federal regulations require electronic submittal of all discharge
monitoring reports (DMRs) and specify that, if a state does not establish a system to receive such
submittals, then permittees must submit DMRs electronically to the Environmental Protection
Agency (EPA). The final NPDES Electronic Reporting Rule was adopted and became effective on
December 21, 2015.
The requirement to begin reporting discharge monitoring data electronically using the NC DWXs
Electronic Discharge Monitoring Report (eDMR) internet application has been added to your final
NPDES permit. [See A. (2)] For information on eDMR, registering for eDMR and obtaining an
eDMR user account, please visit the following web page:
http://deg.nc.gov/about/divisions/water-resources/edmr.
State of North Carolina I Environmental Quality I Water Resources
1617 Mail service Center I Raleigh, North Carolina 27699-1617
919 807 6300

Permit NCO088404
A. (2) ELECTRONIC REPORTING OF MONITORING REPORTS
[NCGS 143-215.1 (b)]
Federal regulations require electronic submittal of all discharge monitoring reports
(DMRs) and program reports and specify that, if a state does not establish a system
to receive such submittals, then permittees must submit monitoring data and reports
electronically to the Environmental Protection Agency (EPA). The final NPDES
Electronic Reporting Rule was adopted and became effective on December 21, 2015.
NOTE: This special condition supplements or supersedes the following sections
within Part II of this permit (Standard Conditions for NPDES Permits):
• Section B. (11.) Signatory Requirements
• Section D. (2.) Reporting
• Section D. (6.) Records Retention
• Section E. (5.) Monitoring Reports
1. Reporting Requirements [S4ersedes Section D. (2.) and Section E. (5 ) (a)l
Effective December 21, 2016, the permittee shall report discharge monitoring data
electronically using the NC DWR's Electronic Discharge Monitoring Report (eDMR)
internet application.
Monitoring results obtained during the previous month(s) shall be summarized for
each month and submitted electronically using eDMR. The eDMR system allows
permitted facilities to enter monitoring data and submit DMRs electronically using
the internet. Until -such time that the state's eDMR application is compliant with
EPA's Cross -Media Electronic Reporting Regulation (CROMERR), permittees will be
required to submit all discharge monitoring data to the state electronically using
eDMR and will be required to complete the eDMR submission by printing, signing,
and submitting one signed original and a copy of the computer printed eDMR to the
following address:
NC DEQ / Division of Water Resources / Water Quality Permitting Section
ATTENTION: Central Files
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
If a permittee is unable to use the eDMR system due to a demonstrated hardship or
due to the facility being physically located in an area where less than 10 percent of
the households have broadband access, then a temporary waiver from the NPDES
electronic reporting requirements may be granted and discharge monitoring data may
be submitted on paper DMR forms (MR 1, 1. 1, 2, 3) or alternative forms approved by
the Director. Duplicate signed copies shall be submitted to the mailing address
above. See "How to Request a Waiver from Electronic Reporting" section below.
Page 4 of 6

Permit NCO088404
Regardless of the submission method, the first DMR is due on the last day of the
month following the issuance of the permit or in the case of a new facility, on the last
day of the month following the commencement of discharge.
Starting on December 21, 2020, the permittee must electronically report the
following compliance monitoring data and reports, when applicable:
• Sewer Overflow/Bypass Event Reports;
• Pretreatment Program Annual Reports; and
• Clean Water Act (CWA) Section '316(b) Annual Reports.
The permittee may seek an electronic reporting waiver from the Division (see "How to
Request a Waiver from Electronic Reporting" section below).
2. Electronic Submissions
In accordance with 40 CFR 122.41(1)(9), the permittee must identify the initial
recipient at the time of each electronic submission. The permittee should use the
EPA's website resources to identify the initial recipient for the electronic submission.
Initial recipient of electronic NPDES information from NPDES-regulated facilities
means the entity (EPA or the state authorized by EPA to implement the NPDES
program) that is the designated entity for receiving electronic NPDES data [see 40
CFR 127.2(b)].
EPA plans to establish a website that will also- link to the appropriate electronic
reporting tool for each type of electronic submission and for each state. Instructions
on how to access and use the appropriate electronic reporting tool will be available as
well. Information on EPA's NPDES Electronic Reporting Rule is found at:
http: / /www2.epa.gov/compliance/final-national-pollutant-discharge-elimination-
system-npdes-electronic-reporting rule.
Electronic submissions must start by the dates listed in the "Reporting
Requirements" section above.
3. How to bequest a Waiver from Electronic Reporting
The permittee may seek a temporary electronic reporting waiver from the Division. To
obtain an electronic reporting waiver, a permittee must first submit an electronic
reporting waiver request to the Division. Requests for temporary electronic reporting
waivers must be submitted in writing to the Division for written approval at least
sixty (60) days prior to the date the facility would be required under this permit to
begin submitting monitoring data and reports. The duration of a temporary waiver
shall not exceed 5 years and shall thereupon expire. At such time, monitoring data
and reports shall be submitted electronically to the Division unless the permittee re-
applies for and is granted a new temporary electronic reporting waiver by the
Division. Approved electronic reporting waivers are not transferrable. Only
permittees with an approved reporting waiver request may submit monitoring data
and reports on paper to the Division for the period that the approved reporting waiver
request is effective.
Page 5 of 6

Permit NCO088404
Information on eDMR and the application for a temporary electronic reporting waiver
are found on the following web page:
http: / / deg. nc. gov / about / divisions / water -resources / edmr
4. Signatory Requirements [Supplements Section B. (11.) (b) and Supersedes
Section B. (11.) (d)]
All eDMRs submitted to the permit issuing authority shall be signed by a person
described in Part II, Section B. (11.) (a) or by a duly authorized representative of that
person as described in Part II, Section B. (11.) (b). A person, and not a position, must
be delegated signatory authority for eDMR reporting purposes.
For eDMR submissions, the person signing and submitting the DMR must obtain an
eDMR user account and login credentials to access the eDMR system. For more
information on North Carolina's eDMR system, registering for eDMR and obtaining an
eDMR user account, please visit the following web page:
http: / / deg.nc.gov / about/ divisions / water -resources / edmr
Certification. Any person submitting an electronic DMR using the state's eDMR
system shall make the following certification [40 CFR 122.22]. 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 of f nes
and imprisonment for knowing violations. "
S. Records Detention. (Supplements Section D. (6.)1 -
The permittee shall retain records of all Discharge Monitoring Reports, including
eDMR submissions. These records or copies shall be maintained for a period of at
least 3 years from the date of the report. This period may be extended by request of
the Director at any time [40 CFR 122.41].
Page 6 of 6

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Bright Water, LLC
The Rapids at French Broad
NP®ES Permit NCO088404
Stream Segment: 6-(54.75) Stream Class: B
River Basin: French Broad Sub -Basin #: 04-03-02
County: Buncombe HUC: 0601010509
Receiving Stream: French Broad River
Monticello Road
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SCALE
1:26,000
Facility Location
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35.6955560,-82.6136110
USGS Quad: Weaverville
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NPDES Permit Standard Conditions
Page 1 of 18
PART II
STANDARD CONDITIONS FOR NPDES PERMITS
Section A. Definitions
2/Month
Samples are collected twice per month with at least ten calendar days between sampling events. These samples shall be
representative of the wastewater discharged during the sample period.
3/Week
Samples are collected three times per week on three separate calendar days. These samples shall be representative of
the wastewater discharged during the sample period.
Act or "the Act"
The Federal Water Pollution Control Act, also known as the Clean Water Act (CWA), as amended, 33 USC 1251, et.
seq.
Annual Average
The arithmetic mean of all "daily discharges" of a pollutant measured during the calendar year. In the case of fecal
coliform, the geometric mean of such discharges.
Arithmetic Mean
The summation of the individual values divided by the number of individual values.
Bypass
The known diversion of waste streams from any portion of a treatment facility including the collection system, which is
not a designed or established or operating mode for the facility.
Calendar Day
The period from midnight of one day until midnight of the next day. However, for purposes of this permit, any
consecutive 24-hour period that reasonably represents the calendar day may be used for sampling.
Calendar Week
The period from Sunday through the following Saturday.
Calendar Quarter
One of the following distinct periods: January through March, April through June, July through September, and
October through December.
Composite Sample
A sample collected over a 24-hour period by continuous sampling or combining grab samples of at least 100 mL in
such a manner as to result in a total sample representative of the wastewater discharge during the sample period. The
Director may designate the most appropriate method (specific number and size of aliquots necessary, the time interval
between grab samples, etc.) on a case -by -case basis. Samples may be collected manually or automatically. Composite
samples may be obtained by the following methods:
(1) Continuous: a single, continuous sample collected over a 24-hour period proportional to the rate of flow.
(2) Constant time/variable volume: a series of grab samples collected at equal time intervals over a 24 hour period
of discharge and combined proportional to the rate of flow measured at the time of individual sample
collection, or
(3) Variable time/constant volume: a series of grab samples of equal volume collected over a 24 hour period with
the time intervals between samples determined by a preset number of gallons passing the sampling point. Flow
measurement between sample intervals shall be determined by use of a flow recorder and totalizer, and the
preset gallon interval between sample collection fixed at no greater than 1/24 of the expected total daily flow at
the treatment system, or
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(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).
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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 occurin the absence of a
bypass. Severe property damage excludes economic loss caused by delays in production.
Toxic Pollutant:
Any pollutant listed as toxic under Section 307(a)(1) of the CWA.
Upset
An incident beyond the reasonable control of the Permittee causing unintentional and temporary noncompliance with
permit effluent limitations and/or monitoring requirements. An upset does not include noncompliance caused by
operational error, improperly designed treatment facilities, inadequate treatment facilities, lack.of preventive
maintenance, or careless or improper operation.
Weekly Average (concentration limit)
The arithmetic mean of all "daily discharges" of a pollutant measured during the calendar week. In the case of fecal
coliform or other bacterial parameters or indicators, the geometric mean of such discharges.
Section B. General Conditions
1. Duty to Comply
The Permittee must comply with all conditions of this permit. Any permit noncompliance constitutes a violation of
the CWA and is grounds for enforcement action; for permit termination, revocation and reissuance, or
modification; or denial of a permit renewal application [40 CFR 122.41].
a. The Permittee shall comply with effluent standards or prohibitions established under section 307(a) of the
CWA for toxic pollutants and with standards for sewage sludge use or disposal established under section
405(d) of the CWA within the time provided in the regulations that establish these standards or prohibitions or
standards for sewage sludge use or disposal, even if the permit has not yet been modified to incorporate the
requirement.
b. The CWA provides that any person who violates section[s] 301, 302, 306, 307, 308, 318 or 405 of the Act, or
any permit condition or limitation implementing any such sections in a permit issued under section 402, or any
requirement imposed in a pretreatment program approved under sections 402(a)(3) or 402(b)(8) of the Act, is
subject to a civil penalty not to exceed $37,500 per day for each violation. [33 USC 1319(d) and 40 CFR
122.41(a)(2)]
c. The CWA provides that any person who negligently violates sections 301, 302, 306, 307, 308, 318, or 405 of
the Act, or any condition or limitation implementing any of such sections in a permit issued under section 402
of the Act, or any requirement imposed in a pretreatment program approved under section 402(a)(3) o-r
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 11 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 ILCA), "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 Permit Issuing Authority [40 CFR 122.22]
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c. Changes to authorization: If an authorization under paragraph (b) of this section is no longer accurate because
a different individual or position has responsibility for the overall operation of the facility, a new authorization
satisfying the requirements of paragraph (b) of this section must be submitted to the Director prior to or
together with any reports, information, or applications to be signed by an authorized representative [40 CFR
122.22]
d. Certification. Any person signing a document under paragraphs a. or b. of this section shall make the following
certification [40 CFR 122.221. 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.
Section C. Operation and Maintenance of Pollution Controls
1. Certified Operator
Owners of classified water pollution control systems must designate operators, certified by the Water Pollution
Control System Operators Certification Commission (WPCSOCC), of the appropriate type and grade for the
system, and, for each classification must [T15A NCAC 08G .0201]:
a. designate one Operator In Responsible Charge (ORC) who possesses a valid certificate of the type and grade at
least equivalent to the type and grade of the system;
b. designate one or more Back-up Operator(s) in Responsible Charge (Back-up ORCs) who possesses a valid
certificate of the type of the system and no more than one grade less than the grade of the system, with the
exception of no backup operator in responsible charge is required for systems whose minimum visitation
requirements are twice per year; and
c. submit a signed completed "Water Pollution Control System Operator Designation Form" to the Commission
(or to the local health department for owners of subsurface systems) countersigned by the designated certified
operators, designating the Operator in Responsible Charge (ORC) and the Back-up Operator in Responsible
Charge (Back-up ORC):
(1) 60 calendar days prior to wastewater or residuals being introduced into a new system; or
(2) within 120 calendar days following:
➢ receiving notification of a change in the classification of the system requiring the designation of a new
Operator in Responsible Charge (ORC) and Back-up Operator in Responsible Charge (Back-up ORC)
of the proper type and grade; or
➢ a vacancy in the position of Operator in Responsible Charge (ORC) or Back-up Operator in
Responsible Charge (Back-up ORC).
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(3) within seven calendar days of vacancies in both ORC and Back-up ORC positions replacing or designating
at least one of the responsibilities.
The ORC of each Class I facility (or the Back-up ORC, when acting as surrogate for the ORC) must:
➢ Visit the facility as often as is necessary to insure proper operation of the treatment system; the treatment
facility must be visited at least weekly
➢ Comply with all other conditions of 15A NCAC 08G .0204.
The ORC of each Class H, III and IV facility (or the Back-up ORC, when acting as surrogate for the ORC) must:
➢ Visit the facility as often as is necessary to insure proper operation of the treatment system; the treatment
facility must be visited at least five days per week, excluding holidays
➢ Properly manage and document daily operation and maintenance of the facility
➢ Comply with all other conditions of 15A NCAC 08G .0204.
2. Proper Operation and Maintenance
The Permittee shall at all times properly operate and maintain all facilities and systems of treatment and control
(and related appurtenances) which are installed or used by the Permittee to achieve compliance with the conditions
of this permit. Proper operation and maintenance also includes adequate laboratory controls and appropriate quality
assurance procedures. This provision requires the Permittee to install and operate backup or auxiliary facilities only
when necessary to achieve compliance with the conditions of the permit [40 CFR 122.41(e)].
NOTE: Properly and officially designated operators are fully responsible for all proper operation and maintenance
of the facility, and all documentation required thereof, whether acting as a contract operator [subcontractor] or a
member of the Permittee's staff.
3. Need to Halt or Reduce not a Defense
It shall not be a defense for a Permittee in an enforcement action that it would have been necessary to halt or
reduce the permitted activity in order to maintain compliance with the condition of this permit [40 CFR 122.41(c)].
4. Bypassing of Treatment Facilities
a. Bypass not exceeding limitations [40 CFR 122.41(m)(2)]
The Permittee may allow any bypass to occur which does not cause effluent limitations to be exceeded, but
only if it also is for essential maintenance to assure efficient operation. These bypasses are not subject to the
provisions of Paragraphs b. and c. of this section.
b. Notice [40 CFR 122.41(m)(3)]
(1) Anticipated bypass. If the Permittee knows in advance of the need for a bypass, it shall submit prior notice,
if possible at least ten days before the date of the bypass; including an evaluation of the anticipated quality
and effect of the bypass.
(2) Unanticipated bypass. The Permittee shall submit notice of an unanticipated bypass as required in Part
II.E.6. (24-hour notice).
c. Prohibition of Bypass
(1) Bypass from the treatment facility is prohibited and the Permit Issuing Authority may take enforcement
action against a Permittee for bypass, unless:
(A) Bypass was unavoidable to prevent loss of life, personal injury or severe property damage;
(B) There were no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities,
retention of untreated wastes or maintenance during normal periods of equipment downtime. This
condition is not satisfied if adequate backup equipment should have been installed in the exercise of
reasonable engineering judgment to prevent a bypass which occurred during normal periods of
equipment downtime or preventive maintenance; and
(C) The Permittee submitted notices as required under Paragraph b. of this section.
(2) Bypass from the collection system is prohibited and the Permit Issuing Authority may take enforcement
action against a Permittee for a bypass as provided in any current or future system -wide collection system
permit associated with the treatment facility.
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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.
5. Upsets
a. Effect of an upset [40 CFR 122.41(n)(2)]: An upset constitutes an affirmative defense to an action brought for
noncompliance with such technology based permit effluent limitations if the requirements of paragraph b. of
this condition are met. No determination made during administrative review of claims that noncompliance was
caused by upset, and before an action for noncompliance, is final administrative action subject to judicial
review.
b. Conditions necessary for a demonstration of upset: Any Permittee who wishes to establish the affirmative
defense of upset shall demonstrate, through properly signed, contemporaneous operating logs, or other relevant
evidence that:
(1) An upset occurred and that the Permittee can identify the cause(s) of the upset;
(2) The Permittee facility was at the time being properly operated; and
(3) The Permittee submitted notice of the upset as required in Part II.E.6.(b) of this permit.
(4) The Permittee complied with any remedial measures required under Part II.B.2. of this permit.
c. Burden of proof [40 CFR 122.41(n)(4)]: 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
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 122.411.
To meet the intent of the monitoring required by this permit, all test procedures must produce minimum detection
and reporting levels that are below the permit discharge requirements and all data generated must be reported down
to the minimum detection or lower reporting level of the procedure. If no approved methods are determined
capable of achieving minimum detection and reporting levels below permit discharge requirements, then the most
sensitive (method with the lowest possible detection and reporting level) approved method' must be used.
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].
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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 122.411:
a. The date, exact place, and time of sampling or measurements;
b. The individual(s) who performed the sampling or measurements;
c. The date(s) analyses were performed;
d. The individual(s) who performed the analyses;
e. The analytical techniques or methods used; and
f. The results of such analyses.
8. Inspection and Entry
The Permittee shall allow the Director, or an authorized representative (including an authorized contractor acting as
a representative of the Director), upon the presentation of credentials and other documents as may be required by
law, to;
a. Enter, at reasonable times, upon the Permittee's premises where a regulated facility or activity is located or
conducted, or where records must be kept under the conditions of this permit;
b. Have access to and copy, at reasonable times, any records that must be kept under the conditions of this permit;
c. Inspect at reasonable times any facilities, equipment (including monitoring and control equipment), practices,
or operations regulated or required under this permit; and
d. Sample or monitor at reasonable times, for the purposes of assuring permit compliance or as otherwise
authorized by the CWA, any substances or parameters at any location [40 CFR 122.41(i)].
Section E Reporting Requirements
1. Change in Discharge
All discharges authorized herein shall be consistent with the terms and conditions of this permit. The discharge of
any pollutant identified in this permit more frequently than or at a level in excess of that authorized shall constitute
a violation of the permit.
2. Planned Changes
The Permittee shall give notice to the Director as soon as possible of any planned physical alterations or additions
to the permitted facility [40 CFR 122.41(1)]. Notice is required only when:
a. The alteration or addition to a permitted facility may meet one of the criteria for new sources at 40 CFR
122.29(b); or
b. The alteration or addition could significantly change the nature or increase the quantity of pollutants
discharged. This notification applies to pollutants subject neither to effluent limitations in the permit, nor to
notification requirements under 40 CFR 122.42(a)(1); or
c. The alteration or addition results in a significant change in the Permittee's sludge use or disposal practices, and
such alteration, addition or change may justify the application of permit conditions that are different from or
absent in the existing permit, including notification of additional use or disposal sites not reported during the
permit application process or not reported pursuant to an approved land application plan.
3. Anticipated Noncompliance
The Permittee shall give advance notice to the Director of any planned changes to the permitted facility or other
activities that might result in noncompliance with the permit [40 CFR 122.41(1)(2)].
4. Transfers
This permit is not transferable to any person without prior written notice to and approval from the Director in
accordance with 40 CFR 122.61. The Director may condition approval in accordance with NCGS 143-215.1, in
particular NCGS 143-215.1(b)(4)b.2., and may require modification or revocation and reissuance of the permit, or
a minor modification, to identify the new permittee and incorporate such other requirements as may be necessary
under the CWA [40 CFR 122.41(1)(3), 122.611 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 Permittee became aware of the circumstances. A written submission shall also be
provided within 5 days of the time the Permittee becomes aware of the circumstances. The written submission
shall contain a description of the noncompliance, and its cause; the period of noncompliance, including exact
dates and times, and if the noncompliance has not been corrected, the anticipated time it is expected to
continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance [40
CFR 122.41(1)(6)].
b. The Director may waive the written report on a case -by -case basis for reports under this section if the oral
report has been received within 24 hours.
c. Occurrences outside normal business hours may also be reported to the Division's Emergency Response
personnel at [phone], [phone] or [phone].
7. Other Noncompliance
The Permittee shall report all instances of noncompliance not reported under Part II.E.5 and 6. of this permit at the
time monitoring reports are submitted. The reports shall contain the information listed in Part II.E.6. of this permit
[40 CFR 122.41(1)(7)].
8. Other Information
Where the Permittee becomes aware that it failed to submit any relevant facts in a permit application, or submitted
incorrect information in a permit application or in any report to the Director, it shall promptly submit such facts or
information [40 CFR 122.41(1)(8)].
9. Noncompliance Notification
The Permittee shall report by. telephone to either the central office or the appropriate regional office of the Division
as soon as possible, but in no case more than 24 hours or on the next working day following the occurrence or first
knowledge of the occurrence of any of the following:
a. Any occurrence at the water pollution control facility which results in the discharge of significant amounts of
wastes which are abnormal in quantity or characteristic, such as the dumping of the contents of a sludge
digester; the known passage of a slug of hazardous substance through the facility; or any other unusual
circumstances.
b. Any process unit failure, due to known or unknown reasons, that render the facility incapable of adequate
wastewater treatment such as mechanical or electrical failures of pumps, aerators, compressors, etc.
c. Any failure of a pumping station, sewer line, or treatment facility resulting in a by-pass without treatment of all
or any portion of the influent to such station or facility.
Persons reporting such occurrences by telephone shall also file a written report within 5 days following first
knowledge of the occurrence. Also see reporting requirements for municipalities in Part IV.C.2.c. of this permit.
10. Availability of Reports
Except for data determined to be confidential under NCGS 143-215.3 (a)(2) or Section 308 of the Federal Act, 33
USC 1318, all reports prepared in accordance with the terms shall be available for public inspection at the offices
of the Division. As required by the Act, effluent data shall not be considered confidential. Knowingly making any
false statement on any .such report may result in the imposition of criminal penalties as provided for in NCGS 143-
215.1(b)(2) or in Section 309 of the Federal Act.
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11. Penalties for Falsification of Reports
The CWA provides that any person who knowingly makes any false statement, representation, or certification in
any record or other document submitted or required to be maintained under this permit, including monitoring
reports or reports of compliance or noncompliance shall, upon conviction, be punished by a fine of not more than
$25,000 per violation, or by imprisonment for not more than two years per violation, or by both [40 CFR 122.41].
12. Annual Performance Reports
Permittees who own or operate facilities that primarily collect or treat municipal or domestic wastewater and have
an average annual flow greater than 200,000 gallons per day shall provide an annual report to the Permit Issuing
Authority and to the users/customers served by the Permittee (NCGS 143-215.1Q. 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 principle1unction is to conduct,
treat, equalize, neutralize, stabilize, recycle, or dispose of industrial waste or sewage from an industrial facility and
the discharge of the industrial waste or sewage is authorized under a permit issued for the discharge of the
industrial waste or sewage into the waters of the State. Notwithstanding the above, the permit issued for the
discharge may be modified if required by federal regulation.
c. Issuance of an AtC will not occur until Final Plans and Specifications for the proposed construction have been
submitted by the Permittee and approved by the Division.
Section B. Groundwater Monitoring
The Permittee shall, upon written notice from the Director, conduct groundwater monitoring as may be required to
determine the compliance of this NPDES permitted facility with the current groundwater standards.
Section C. Changes in Discharges of Toxic Substances
The Permittee shall notify the Permit Issuing Authority as soon as it knows or has reason to believe (40 CFR 122.42):
a. That any activity has occurred or will occur which would result in the discharge, on a routine or frequent basis, of
any toxic pollutant which is not limited in the permit, if that discharge will exceed the highest of the following
"notification levels";
(1) One hundred micrograms per liter (100 µg/L);
(2) Two hundred micrograms per liter (200 µg/L) for acrolein and acrylonitrile; five hundred micrograms per liter
(500 µg/L) for 2,4-dinitrophenol and for 2-methyl-4,6-dinitrophenol; and one milligram per liter (1 mg/L) for
antimony;
(3) Five times the maximum concentration value reported for that pollutant in the permit application.
b. That any activity has occurred or will occur which would result in any discharge, on a non -routine or infrequent
basis, of a toxic pollutant which is not limited in the permit, if that discharge will exceed the highest of the
following "notification levels';
(1) Five hundred micrograms per liter (500 µg/L);
(2) One milligram per liter (1 mg/L) for antimony;
(3) Ten times the maximum concentration value reported for that pollutant in the permit application.
Section D. Facility Closure Requirements
The Permittee must notify the Division at least 90 days prior to the closure of any wastewater treatment system covered
by this permit. The Division may require specific measures during deactivation of the system to prevent adverse
impacts to waters of the State. This permit cannot be rescinded while any activities requiring this permit continue at the
permitted facility.
4
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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. [I5A 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,jof 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. [I 5A
NCAC 02H .0903(b)(32), .0905 and .0906(b)(1); 40 CFR 403.8(f)(1) and 403.9(b)(1) and (2)]
2. Industrial Waste Survey JWS)
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 defmition of SIU. Where the Permittee accepts wastewater from one or more satellite POTWs, the
IWS for the Permittee shall address all satellite POTW services areas, unless the pretreatment program in those
satellite service areas is administered by a separate Permittee with an approved Pretreatment Program. The
Permittee shall submit a summary of its IWS activities to the Division at least once every five years, and as
required by the Division. The IWS submission shall include a summary of any investigations conducted under
paragraph C.2.c. of this Part. [15A NCAC 02H .0903(b)(13), .0905 and .0906(b)(2); 40 CFR 403.8(f)(2) and 403.9]
3. Monitoring Plan
The Permittee shall implement a Division -approved Monitoring Plan for the collection of facility specific data to
be used in a wastewater treatment plant Headworks Analysis (HWA) for the development of specific pretreatment
local limits. Effluent data from the Plan shall be reported on the DMRs (as required by Parts II.D and II.E.5.). [15A
NCAC 02H .0903(b)(16), .0906(b)(3) and .0905]
4. Headworks Analysis (HWA) and Local Limits
The Permittee shall obtain Division approval of a HWA at least once every five years, and as required by the
Division. Within 180 days of the effective date of this permit (or any subsequent permit modification) the
Permittee shall submit to the Division a written technical evaluation of the need to revise local limits (i.e., an
updated HWA or documentation of why one is not needed) [40 CFR 122.44]. The Permittee shall develop, in
accordance with 40 CFR 403.5(c) and 15A NCAC 02H .0909, specific Local Limits to implement the prohibitions
listed in 40 CFR 403.5(a) and (b) and 15A NCAC 02H .0909. Pursuant to 40 CFR 403.5, local limits are
Version 1110912011.1

NPDES Permit Standard Conditions.
Page 17 of 18.
enforceable Pretreatment Standards as defined by 40 CFR 403.3(1). [15A NCAC 02H .0903(b)(10), .0905, and
.0906(b)(4)]`
5. Industrial User Pretreatment Permits (IIIP) & Allocation Tables
In accordance with NCGS' 143-215.1, the Permittee shall issue to all Significant Industrial Users, permits for
operation of pretreatment equipment and discharge to the Permittee's collection system or treatment works. These
permits shall contain limitations, sampling protocols, reportingrequirements, 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 021-I .0906(b)(6), .0909, .0916, and .0917 40 CFR 403.5, 403.8(f)(1)(iii);
NCGS 143-215,67(a)]
6. Authorization to Construct (AtC)
The Penn 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 roust be evaluated for its capacity to comply with, all
Industrial User Pretreatment Pen -nit (IUP) limitations, [15A NCAC 02H .0906(b)(7) and .0905; N'CGS 143-
215;1(a)(8)]
7. POTW Inspection & Monitoring of their IUs
The Permittee shall conduct inspection, surveillance, and monitoring activities as described in its Division
approved pretreatment program in order to determine, independent of`information supplied by Industrial Users,
compliance with applicable pretreatment standards. [15A NCAC 02H .0908(e); 40 CFR 403.8(f)(2)(v)] The
Permittee: must:.
a.. Inspect all Significant Industrial Users (SIUs) at least once per calendar year
b: Sample all Significant Industrial Users (SIUs) at least once per calendar year for all SIU permit -limited
parameters including flow except as allowed under 15A NCAC 0908(e); and
c. At least once per year, document an evaluation of any non -significant categorical Industrial User for
compliance with the requirements in 40 CFR 403.3(v)(2) and either continue or revoke the designation as non-
significant.
8. IU Self Monitoring and Reporting
The Permittee shall require all Industrial Users to comply with the applicable. monitoring and reporting.
requirements outlined in the Division -approved pretreatment program, the industry's pretreatment permit, or in 15A
NCAC 02H .0908. [15A NCAC 02H .0906(b)(5) and .0905; 40 CFR 403.8(f)(1),(v) and (2)(iii); 40 CFR
122.440)(2) and 40 CFR 403.12]
9. Enforcement Response Plan (ERP)
The Permittee shall enforce and obtain appropriate remedies for violations of all pretreatment standards
promulgated pursuant to section 307(b) and (c) of the CWA (4.0 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(l)(8) and .0905; 40 CFR 403.8(f)(5)]
10. Pretreatment Annual Reports (PAR)
The Permittee shall report to the Division in accordance with 15A NCAC 02H .0908 In lieu of submitting annual
reports, Modified Pretreatment Programs developed under 15A NCAC 02H 0904 (b) may be required to submit a
partial annual report or to meet with Division personnel periodically to discuss enforcement of pretreatment.
requirements and other pretreatment implementation issues.
For all other active pretreatment programs, the Permittee shall submit two copies of a Pretreatment Annual Report
(PAR) describing its pretreatment activities over the previous calendar year to the Division at the following
address:
Version 1110912011.1

NPDES Permit Standard Conditions
Page 18 of 18
NC DENR / Division of Water Resources / Water Quality Permitting Section
Pretreatment, Emergency Response; and Collection Systems (PERCS) Unit.
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
These reports shall be submitted by March 1 of each year and: shall contain the following:
a. Narrative
A narrative summary detailing actions taken, or proposed; by the Permittee to correct significant non-
compliance and to ensure compliance with pretreatment requirements;
b. Pretreatment Program Summary (PPS)
A pretreatment program summary (PPS) on :forms or in a format provided by the Division;
c. Significant Non -Compliance Report (SNCR)
A list of Industrial Users (IUs) in significant noncompliance (SNC) with pretreatment requirements, and the
nature of the violations on forms or in a format provided by the Division;
d. Industrial Data Summary Forms (IDSF
Monitoring data from samples collected by both the POTW and the Significant Industrial Users (SIUs). These
analytical results must be reported on Industrial Data Summary Forms (IDSF) or on other forms or in a format
provided by the Division;
e. Other Information
Copies of the POTW's allocation table, new or modified enforcement compliance schedules, public notice of
IUs in SNC,, a summary of data or other information related to significant noncompliance, determinations for
iUs that are not considered SIUs, and any other information, upon request, which in the, opinion of the Director
is needed to determine compliance with the pretreatment implementation requirements of this permit;
11. Public Notice
The Permittee shall publish annually a list of industrial Users (Ns) that were in significant noncompliance (SNC)
as defined in the Pe_rmittee's Division -approved Sewer Use Ordinance with applicable pretreatment requirements,
and standards during the previous twelve month period. This list shall be published within four months of the
applicable twelve-month period. [15A NCAC 02H .0903(b)(34), .0908(b)(5) and .0905 and 40 CFR
403.8(f)(2)(viii)]
12., Record Keeping.
The Permittee shall retain for a minimum of three years records of monitoring activities and results, along with
support information including generalrecords, water quality records, and records of industrial impact, on the
POTW and shall retain all other Pretreatment, Program records as required by 15A NCAC 02H .0908(f). [15A
NCAC 02H .0908(f); 40' CFR 403.12(o)]
13. Pretreatment Program Resources
The Permittee shall maintain adequate funding and qualified personnel to accomplish the objectives of its approved
pretreatment program. and retain a written description of those current levels of inspection. [I5A. NCAC 02H
.0906(b)(9) and (10) and .0905; 40 CFR 403.8(f)(3), 403.9(b)(3)]
14. Modification to Pretreatment Programs
Modifications to the approved pretreatment program including but not limited to local limits modifications, POTW
monitoring of their Significant Industrial Users (SIUs), and Monitoring Plan modifications, shall be considered a
permit modification and shall be governed by 40 CFR 403.18, 15 NCAC 02H .0114 and 15A NCAC 02H .0907.
Version 111091201'1'.1

United States Environmental Protection Agency
Form Approved.
EPA Washington, D.C. 20460
OMB No. 2040-0057
Water Compliance Inspection Report
Approval expires 8-31-98
Section A: National Data System Coding (i.e., PCS)
Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type
1 IN I 2 15 I 3 I NCO088404 I11 12 16/04/14 17 181 r, i . 19 L G j 201 I
21111111111111111111111111111111111111111111 f6
Inspection Work Days Facility Self -Monitoring Evaluation Rating B1 CIA ------ -----Reserved-------
671 70 I 71 itI JI 72 L L,,J I I � 73I I �74 751 1 1 I 1 � I80
LJ
Section B: Facility Data
Name and Location of Facility Inspected (For Industrial Users discharging to POTW, also include
Entry Time/Date
Permit Effective Date
POTW name and NPDES permit Number)
01:00PM 16/04/14
11/01/01
The Rapids at French Broad
Monticello Rd
Exit Time/Date
Permit Expiration Date
Weaverville NC 28787
01:20PM 16/04/14
15/10/31
Name(s) of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s)
Other Facility Data
Name, Address of Responsible Official/Title/Phone and Fax Number
Contacted
David Gray,5 Highland PI Asheville NC 28804//828-318-4556/8282528252
No
Section C: Areas Evaluated During Inspection (Check only those areas evaluated)
Facility Site Review Effluent/Receiving Waters
Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary)
(See attachment summary)
Name(s) and Signature(s) of Inspector(s) Agency/Office/Phone and Fax Numbers Date
Linda S Wiggs ARO WQ//828-296-4500 Ext.4653/
Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date
EPA Form 3660-3 (Rev 9-94) Previous editions are obsolete.
Page#

NPDES yr/mo/day Inspection Type (Cont.) 1
31 NCO088404 I11 121 16/04/14 117 18 I C
Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary)
The site was visited to confirm nothing has been built. The site remains vacant land. It is well
maintained and mowed with evidence of occasional camping or riverside visits. There are no
structures onsite.
I contacted Mr. Gray via email on March 4, 2016 to let him know I would be visiting the site soon and
invited him to join me. I also informed him that he had not applied for renewal of permit NCO088404 in a
timely manner and if he wanted to keep the permit he had to take action immediately. I reminded him
that if he does keep the permit, his annual fee of $860 will be coming due this summer.
Mr. Gray did not contact me further regarding this email, he did however submit his renewal application,
which was received in Raleigh on April 7, 2016.
Page#

Wiggs, Linda
From: Wiggs, Linda
Sent: Friday, March 04, 2016 11:33 AM
To: '[e-mail]'
Subject: Rapids at French Broad permit
Attachments: NC-Form-D-DWQ-SWP-NPDES.doc
Hi David,
I work in the Asheville office for the Department that issues you your discharge permit
for your proposed development along the French Broad River. Assuming you still want to
keep your wastewater discharge permit (NC0088404) for the subject site, you will need
to submit a renewal application. If you don't submit the renewal you will lose the permit,
as it will become inactive.
These permits renew every 5 years and it looks like you went through this process filling
out the application form in 2010. If you can't find that form for reference let me know
and I can send you a copy to assist you. I have attached the blank form you need to fill
out and submit to Raleigh. It is an easy application and there is no fee associated with
it. However, do keep in mind, if you choose to keep this permit, this summer your
annual fee ($860) invoice will be due. If you no longer want this permit, it is best that
you put that request in writing to Raleigh as oppose to letting the permit go inactive.
I am hoping to get out to your property next week (Monday) for an inspection. If you
want to meet me let me know. I understand the property is not developed yet, so it will
be a quick visit.
Feel free to contact me if I can be of assistance,
Q" G,si�g
Environmental Senior Specialist — Asheville Regional Office
Water Quality Regional Operations Section
NCDEQ — Division of Water Resources
828 296 4500 office
828 299 7043 fax
Email: linda.wiggs(q-)ncdenr.gov
2090 U.S. Hwy. 70
Swannanoa, N.C. 28778
— � —Nothing Compares---,..
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.
1

Wiggs, Linda
From: Davidson, Landon
Sent: Thursday, March 10, 2016 11:18 AM
To: Wiggs, Linda
Subject: FW: NPDES permit NCO088404 has EXPIRED
Importance: High
fyi
G. Landon Davidson, P.G.
Regional Supervisor —Asheville Regional Office
Water Quality Regional Operations Section
NCDEQ — Division of Water Resources
828 296 4680 office
828 230 4057 mobile
Landon. Davidson (c�ncdenr.gov
2090 U.S. Hwy. 70
Swannanoa, N.C. 28711
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.
From: Busam, Jennifer d
Sent: Thursday, March 10, 2016 11:17 AM
To: [e-mail]
Cc: Davidson, Landon <[e-mail]>; Weaver, Charles <[e-mail]>
Subject: NPDES permit N'C0088404 has EXPIRED
Importance: High
Mr. Gray,
The permit for the proposed Rapids at French Broad expired on 10/31/2015
To date, the Division has not received a renewal application. Federal (40 CFR 122.41 (b)) and state (15A
NCAC 2H.0105 (e)) regulations require that permit renewal applications be filed at least 180 days prior to
expiration of the current permit. The renewal application was due to the Division no later than May 4, 2015.
Please note that permit NCO088404 has.expired, and cannot be renewed. If you wish to discharge wastewater
in the future, you must first apply for and obtain.a new NPDES permit.
Thank you,
Jennifer Busam
Environmental Specialist

Compliance & Expedited Permitting Unit
Division of Water Resources
North Carolina Department of Environmental Quality
919 807 6393 office
Jennifer. Busam(a)-ncdenr.gov
1617 Mail Service Center
Raleigh, NC 27699-1617
Compares
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.

ca�Y
4/04/201.6 rl�lc
RENEWAL REQUEST COMER LETTER
From: David Gray, Manager fo1110, RECEfVED<NCDEQ/DWR
Email dave(Dusbob.coin APR 0 71016
Phone [phone]
Address 378 Ambler School Rd, Marietta SC 29661 PWater t Permitting Se�actsAn
To Whom It May Concern, I am requesting renewal of NPDES permit NC0088404. No
changes have occurred since the issuance of the last permit, the facility is (Proposed, Not
Built).
Sincerely,
David Cray
for Fright: Water LLC
_-
p
Divisicn'ci r,
APR 1 2 2016 1
a
-ions

C©11ay
4/04/2016
SLUDGE MANAGEMENT PLAN
NPDES Permit NCO088404
From: David Gray, Manager for Bright Water LLC
Email davenusbob.com
Phone [phone]
Address 378 Ambler School Rd, Marietta SC 29661
To Whom. It May Concern, this facility does not produce any sludge or solids,
(Proposed, Not Built).
Sincerely,
't,'l
Gray Manager or Bright Water LLC

0
NC DENR / DwR / NPDES
Renewal Application Checklist
The following items are REQUIRED for all .renewal packages:
l A cover letter requesting renewal of the permit and documenting any changes at the facility since
issuance of the last permit. Submit one signed original and two copies.
The completed application form (copy attached), signed by the permittee or an Authorized
Representative. Submit one signed original and two copies.
o If an Authorized Representative (such as a consulting engineer or environmental consultant)
prepares the renewal package, written documentation must be provided showing the authority
delegated to the Authorized Representative (see Part II.B. l l.b of the existing NPDES permit).
o/A narrative description of the sludge management plan for the facility. Describe how sludge (or
k other solids) generated during wastewater treatment are handled and disposed. If your facility has no
such plan (or the permitted facility does not generate any solids), explain this in writing. Submit one
signed original and two copies.
The following items must be submitted by any Municipal or Industrial facilities
discharging process wastewater:
o Industrial facilities classified as Primary Industries (see Appendices A-D to Title 40 of the Code of
Federal Regulations, Part 122) and ALL Municipal facilities with a permitted flow > 1.0 MGD must
submit a Priority Pollutant Analysis (PPA) in accordance with 40 CFR Part 122.21.
The above requirement does NOT apply to non -industrial facilities
Send the completed renewal package to:
Wren Thedford
NC DENR / D` R / NPDES Unit
1617 Mail Service Center
Raleigh, NC 27699-1617

PPPPPP'
NPDES APPLICATION - FORM I)
For privately -owned treatment systems treating 100% domestic wastewaters <1.0 MGD
Mail the complete application to:
N. C. DENR / Division of Water Quality / NPDES Unit
1617 Mail Service Center, Raleigh, NC 27699-1617
NPDES Permit NCO088404
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 Bright Water LLC
Facility Name
Mailing Address
City
State / Zip Code
Telephone Number
Fax Number
The Rapids at French Broad
378 Ambler School Rd
Pickens
SC 29661
[phone]
NA
e-mail Address [e-mail]
2. Location of facility producing discharge: PROPOSED, 6 homes / 3 bedrooms each
Check here if same address as above ❑
Street Address or State Road Old US 25 & 70 (Hwy 251) and Monticello Rd.
City
State / Zip Code NC
County Buncombe
3. Operator Information:
Name of the firm, public organization or other entity that operates the facility. (Note that this is not referring to the
Operator in Responsible Charge or ORC)
Name PPROPOSED SYSTEM
Mailing Address
City
State / Zip Code
Telephone Number ( )
Fax Number ( )
e-mail Address
1 of 4 Form-D
11/12

PPPPPP'
NPDES APPI,ICATI®1®T - P®1t1VI I)
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
0
Number of Homes 6
School
❑
Number of Students/Staff
Other
❑
Explain:
Describe the source(s) of wastewater (example: subdivision, mobile home park, shopping centers, restaurants, etc.):
Subdivision
Number of persons served: 24
5. Type of collection system
0 Separate (sanitary sewer only)
6. Outfall Information:
❑ Combined (storm sewer and sanitary sewer)
Number of separate discharge points 1
Outfall Identification number(s) 001
Is the outfall equipped with a diffuser? ❑ Yes ❑ No PROPOSED, NOT BITILT
7. Name of receiving stream(s) (NEW applicants: Provide a map showing the exact location of each outfall):
French Broad River
8. Frequency of Discharge: ❑ Continuous 0 Intermittent
If intermittent:
Days per week discharge occurs: 7 Duration: year round
9. Describe the treatment system
List all installed components, including capacities, provide design removal for BOD, TSS, nitrogen and phosphorus. If the
space provided is not sufficient, attach the description of the treatment system in a separate sheet of paper.
Proposed extended aeration package with chlorination and dechlorination system.
2 of 4 Form-D
11/12

c vle r
NPDES APPLICATION - FORM D
For privately -owned treatment systems treating 100% domestic wastewaters <1.0 MGD
10. Flow Information:
Treatment Plant Design flow .0022 MGD
Annual Average daily flow 0 MGD (for the previous 3 years) NOT CONSTRUCTED
Maximum daily flow 0 MGD (for the previous 3 years) NOT CONSTRUCTED
11. Is this facility located on Indian country?
❑ Yes N No
12. Effluent Data NO DATA — PROPOSED, NOT BUILT
NEIVAPPI X ANTS: Provide data for the parameters listed. Fecal C:olifornl, Temperature and pH .shall be grab samples, for all other
parameters 24-hour composite sampling shall be used. If more than one analysis is reported, report daily nlaxinlllm and rrlollthly
average. If only one analysis is reported, report as daily nlaxinntnl.
RENEWAL APPLICANTS: Provide the highest single reading (DailyAlaximunl) and 11onthly A verage over the past 36
months.for parameters currently in your permit. AIark other parameters "A!/4 ".
Parameter
Daily
Maximum
Monthly
Average
Units of
Measurement
Biochemical Oxygen Demand (BODS)
No Data
Fecal Coliform
Total Suspended Solids
Temperature (Sununer)
Temperature (Winter)
pH
13. List all permits, construction approvals and/or applications:
Type Permit Number Type
Hazardous Waste (RCRA)
UIC (SDWA)
NPDES
PSD (CAA)
Non -attainment program (CAA)
NCOOSS404
14. APPLICANT CERTIFICATION
NESHAPS(CAA)
Ocean Dumping (MPRSA)
Dredge or fill (Section 404 or CWA)
Other
Permit Number
I certify that I am familiar with the information contained in the application and that to the best of my lmowledge
and belief such information is true, complete, and accurate.
David Grav Manager for Bright Water LLC _
Printed name of Person Signing _ Title
r— l ,jf-21epr'f�
of Applicant, / \ / Date
North Carolina General Statute 143-215,6 (b)(2) states: Any person who knowingly makes any false statement
representation, or certification in any application, record, report, plan, or other document files or required to be
maintained under Article 21 or regulations of the Environmental Management Commission implementing that Article, or
who falsifies, tampers with, or knowingly renders inaccurate any recording or monitoring device or method required to
be operated or maintained under Article 21 or regulations of the Environmental Management Commission implementing
3 of 4 Form-D
11/12

PPPPPP'
NPI)ES APPI,ICATI®N - FORM D
For privately -owned treatment systems treating 100% domestic wastewaters <1.0 MGD
that Article, shall be guilty of a misdemeanor punishable by a fine not to exceed $25,000, or by imprisonment not to
exceed six months, or by both, (18 U,S,C. Section 1001 provides a punishment by a fine of not more than $25,000 or
imprisonment not more than 5 years, or both, for a similar offense.)
4 of 4 Form-D
11/12

Water Resources
ENVIRONMENTAL QUALITY
April 8, 2016
David Gray, Manager
Bright Water LLC
379 Ambler School Road
Pickens, SC 29661
DONALD R.
S
PAT MCCRORY
Governor
VAN DER VAART
Secretary
JAY ZIMMERMAN
Director
Subject: Acknowledgement of Permit Renewal
Application No. NC0088404
The Rapids at French Broad
Buncombe County
Dear Permiee:
The Water Quality Permitting Section has received your permit renewal application on April 7,
2016. A member of the NPDES Unit will review .your application. They will contact you if additional
information is required to complete your permit renewal. Per G.S. 150B-3 your current permit does not
expire until permit decision on the application is made. Continuation of the current permit is contingent on
timely and sufficient application for renewal of the current permit. Please respond in 'a timely manner to
requests for additional information necessary to complete the permit application.
If you have any additional questions concerning renewal of the subject permit,' please contact Joe
Corporon at 919-807-6394 or [e-mail].
Sincerely,
W re,A, Tl&eo(f &
Wren Thedford
Wastewater Branch
cc: Central Files
NPDES
vp&bgydiRe',Regio'� nal-'001oe��
State of North Carolina I Environmental Quality I Water Resources
1617 Mail Service Center I Raleigh, North Carolina 27699-1617
919-807-6300
• C I: �.f n... � G' L,., w.wp
Division or Water riesources
APR ;12 2016
Water otjalfty Reafertal OPerat;o; Is

AT*r Ara
NCDsEN
North Carolina Department of Environment and Natural Resources
Pat McCrory John E. Skvarla, III
Governor Secretary
October 7, 2014
CERTIFIED MAIL
RETURN RECEIPT REQUESTED 7003 2260 0005 5380 7613
Mr. David Gray
Bright Water, LLC
5 Highland Place
Asheville, NC 28804
SUBJECT Overdue Annual hermit Eee-
Rapids at FhBroad
Permit. NC;00884106
Dear Mr. Gray,
This correspondence is to inform you that the subtec Ann"' f`Permg F��e� ou i The attached invoice was dated June
10, 2014, with a due date of July 10, 2014. Our office has•not-recelved-paymentr d. failure to pay the fee by the due date
subjects the permit to revocation.
A representative from the Division of Water Resources has attempted, on five occasions, to contact you by phone and, on
one occasion, by email. Voicemail messages were left each time a call was made. To date, no response has been received.
You have two options:
Option 1- You must pay the required fee within two weeks receipt of this letter.
Payment can be remitted to the address located on the attached invoice. Failure to pay the fee within
the required time frame will result in this case being referred to DENR collections. If the fee is not
paid, this office will request, through the Attorney General's Office, that a lien be placed against the
property at 5 Highland Place, Asheville, NC and/or actions will be initiated to revoke the NPDES
permit.
OR
Option 2 - You must request rescission of the NPDES permit within two weeks receipt of this letter.
Your request to rescind the NPDES Permit must be mailed to Charles Weaver at: Charles Weaver,
DENR/DWR, 1617 Mail Service .Center, Raleigh, NC 27699-1617. If you choose to rescind the NPDES
Permit, then this office will not seek payment for the period beginning July 1, 2014 through June 30,
2015.
Please direct any questions concerning this correspondence to me at 919.807.6309 or Mr. Kevin Bowden at 919.807.6397.
Si ely,
,,Jeff Poupart _
Water Quality Permitting Section Chief
Cc: Kevin Bowden-DWR
A� shevllie=Reg one,U Off c�(i!�� attachment,
Central Files (w/attachment)
1601 Mail Service Center, Raleigh, North Carolina 27699-1601
Phone: [phone] Internet: www.ncdenr.gov
An Equal Opportunity 1 Affirmative Action Employer— Made in part by recycled paper

The Rapids at French Broad - BRIGHT WATER LLC
NC0088404
Bunc. Co.
7/22/10
Invoice Type Period Year Period Begin Period End
"Permit Annual Fee" "2010" "07101/2010" "06130/2011"
Billing Month Due Date Invoice # Amount
11July" "07/04/2010" "2010PR005664" "$860.00"
Paid Balance Status
11$0.00" !$:860DO-
"Permit "Overdue"
Application Fee" 112006" "10/24/2006"
"2006PR011245"
"Paid" "$715.00 "
Taxes:
www. buncombecounty. org/cornmon/tax/AdSection 1. pdf
"$715.00 if
"$0.00 "
BRIGHT WATER LLC
82 RHODODENDRON DR 9654475772 $122.41
BRIGHT WATER LLC
FLORA RD 0626421662 $60.00
BRIGHT WATER LLC
JOYNER AVE 9638900801 $205.86
BRIGHT WATER LLC
LAUREL DR 9633141534 $159.80
BRIGHT WATER LLC
OLD MARSHALL HWY 9722782386 $91.59
-DeaJ book : 1q39e
SS-- e�rz q 722.D - 73-2 31 l
BRIGHTWATER LLC
POPLAR DR 9633138799 $154.37

NCDENR
North Carolina Department of Environment and Natu
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins
Governor Director
June 24, 2010
A
JUN 2 a 2010 f
Re sources I i
WATER QUALITY SECTION
ASHEVILLE R_E_Q_%%Reel GE
Secretary
CERTIFIED MAIL ITEM 7009 1680 0002 2464 6821- RETURN RECEIPT REQUESTED
Mr. David Gray
Bright Water LLC
P.O. Box 4355
Asheville, NC
Dear Permittee:
28805-4355
Subject: Notice of Violation
Failure to Submit Renewal Application
NPDES Permit NCO088404
The Rapids at French Broad
Buncombe County
The subject permit's expiration date is October 31, 2010. Federal [40 CFR 122] and state (15A NCAC
211.0105 (e)) regulations require that an application for permit renewal be filed at least 180 days prior to
expiration of the current permit. To satisfy this requirement, your renewal package should have been sent -
to the Division postmarked no later than May 4, 2010.
As of this date, the Division has not received your renewal application. This is a violation of Part II.
B. 10. of your permit, which states "Any permittee that 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.". To prevent an assessment of civil penalties you must submit a completed
permit application (see enclosed forms) no later than July 8, 2010. {
Use the enclosed checklist to complete your renewal package. The checklist identifies the items you
must submit with the permit renewal application. If all wastewater discharge from your facility has ceased
and you wish to rescind this permit [or if you have any questions] please contact Charles H. Weaver of my
staff. His telephone number; fax number and e-mail address are listed at the bottom of this page.
Sincerely,
04r Coleen H. Sullins
cc: Central Files
he__vaklLc�.;RegionalsJffice�,-Sur-face�Wa�er�Pr_o ec ion
. NPDES File
1617 Mail Service Center, Raleigh, North Carolina 27699-1617 One
512 North Salisbury Street, Raleigh, North Carolina 27604 NOrthCarohna
Phone: [phone] / FAX [phone] / [e-mail] Natmrally
An Equal Opportunity/Affirmative Action Employer-50% Recycled/10% Post Consumer Paper

United States Environmental Protection Agency
Form Approved.
EPA Washington, D.C. 20460
OMB No. 2040-0057
Water Compliance Inspection Report
Approval expires 8-31-98
Section A: National Data System Coding (i.e., PCS)
Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type
1 II l N2 15� 3I NCO088404 111 121 08/06/19 117 181 CI 191 gI 201
f__LJ LJ
Remarks
2111111111Jill 1111Jill 1111111111111111111111111116
Inspection Work Days Facility Self -Monitoring Evaluation Rating 131 QA ----------- ----------Reserved----------------------
67I 169 70 U 71 U 721 N I 73L_U 74 751 I I I I I I 180
—+
Section B: Facility Data
Name and Location of Facility Inspected (For Industrial Users discharging to POTW, also include
Entry Time/Date
Permit Effective Date
POTW name and NPDES permit Number)
0 3:50 PM 08/06/19
07/08/01
The Rapids at French Broad
Exit Time/Date
Permit Expiration Date
PO Box 4355
Asheville NC 28805
04:05 PM 08/06/19
10/10/31
Name(s) of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s)
Other Facility Data
Name, Address of Responsible Official/Title/Phone and Fax Number
David Gray,PO Box 4355 Asheville NC 28805//828-318-4556/8282528252ontacted
No
Section C: Areas Evaluated During Inspection (Check only those areas evaluated)
Permit
Section D: Summary of Finding/Comments Attach additional sheets of narrative and checklists`as necessary)
/I/ r
(See attachment summary)
Name(s) and Signature(s) of Inspector(s) Agency/Office/Phone and Fax Numbers Date
Janet Cantwell ARO WQ//828-296-4500 Ext.4667/
Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date
EPA Form 3660-3 (Rev 9-94) Previous editions are obsolete.
Page # 1

NPDES yr/mo/day Inspection Type
3I NCO088404 I11 12I 08/06/19 1
17 18ICI
Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary)
Facility has not been constructed.
Page # 2

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
September 5, 2007
Mr. Gray
Bright Water LLC
PO Box 4355
Asheville, NC 28805
SUBJECT: Wastewater Collection System
Owner & Operator Requirements
The Rapids at French Broad
NCO088404
Buncombe County
Dear Mr. Gray:
I would like to take this opportunity to discuss the requirements for sewerage collection
systems that were first established in 15 NCAC .02H .0200 in March 2000 and are now found in
15 NCAC 2T .0403, Waste Not Discharged to Surface Waters, which became effective
September 1, 2006. These Regulations place significant operation, maintenance and reporting
requirements on those entities that own or operate a wastewater collection system with average
daily flows of less than 200,000 gallons per day.
These regulations are applicable to your facility. This letter is provided as guidance
to assist you in complying with the new reporting and operations and maintenance (O&M)
requirements and to advise you that you are subject to system review, inspections and possible
enforcement, if the system is not in compliance with the regulation.
For your convenience and easy reference, a highlight of these requirements and the
following guidance are offered (see enclosed). You may find the regulations using the following
web site: http://h2o.enr.state.nc.us/pores/Collection%20SYstems/CollectionSystemsHome.html
The Asheville Regional Office will be increasing the level of oversight, compliance
activities and enforcement relating to collections systems, therefore, we wanted to be sure you
are aware of the requirements for these systems. We will be performing NPDES Wastewater
Collection System inspections sometime in the near future.
NorthCarolina
Amura!!rff
North Carolina Division of Water Quality 2090 US Hwy 70; Swannanoa, NC 28778 Phone [phone]
Internet: www..ncwaterquality.org Customer Service 1-877-623-6748 FAX [phone]
An Equal Opportunity/Affirmative Action Employer — 50% Recycled/10% Post Consumer Paper

September 5, 2007
Page 2of2
If this Office has not previously inspected your wastewater collection system and records
of same, you should be prepared to demonstrate compliance with all criteria listed above.
Enclosed is an inspection form that you can use to assemble your records prior to an inspection
by the staff of this Office.
This Office has a Wastewater Treatment Plant Consultant on staff to offer assistance to
you in complying with the requirements of these regulations. Should you have questions or
need additional information regarding this issue, please contact Don Price at [phone].
Should you have any other questions concerning this correspondence or the
requirements relating to collection systems, please contact Roy Davis or Keith Haynes at 828-
296-4500.
Sincerely,
Roger C. Edwards, Supervisor
Surface Water Protection Section
cc: Deborah Gore - PERCS Unit - w/out enclosures
Asheville Regional Office facility file - w/out enclosures
DWQ - SWPS - Central Office Files - w/out enclosures

I
Permit Number WQCSD0436
Central Files: APS SWP
09/01 /09
Permit Tracking Slip
Program Category
Status
Project Type
Non -discharge
Active
New Project
Permit Type
Version
Permit Classification
Deemed permitted collection system management and operation
1.00
Individual
Primary Reviewer
Permit Contact Affiliation
wanda.frazier
Coastal SW Rule
Permitted Flow
Facili
Facility Name Major/Minor Region
The Rapids at French Broad Minor Asheville
Location Address County
PO Box 4355 Buncombe
Asheville NC 28805 Facility Contact Affiliation
Owner Name
Owner Type
Bright Water LLC
Non -Government
Owner Affiliation
David Gray
President
PO Box 4355
Asheville NC 28805
Dates/Events
Scheduled
Orig Issue App Received Draft Initiated Issuance
Public Notice Issue Effective Expiration
06/16/09 06/16/09
06/16/09 06/16/09
Regulated Activities
Domestic, other
Outfall NULL
Waterbody Name Stream Index Number Current Class Subbasin

A
sQ7 r
Mr. Gray
Bright Water LLC
PO Box 4355
Asheville, NC 28805
Dear Mr. Gray:
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North,arolina Department of Environment and Natural Resources
Coleen H. Sullins, Director
Division of Water Quality
SURFACE WATER PROTECTION SECTION
September 5, 2007
SUBJECT: Wastewater Collection System
Owner & Operator Requirements
The Rapids af,French Broad
NCO088404
Buncombe County
I would like to take this opportunity to discuss the requirements for: sewerage collection
systems that were first established in 15 NCAC .02H .0200 in March 2000 and are now found in
15 NCAC 2T .0403, Waste Not Discharged to Surface Waters, which became effective
September 1, 2006. These Regulations place significant operation, maintenance and reporting
requirements on those entities that own or operate a wastewater collection system with average
daily flows of less than.200,000 gallons per day.
These regulations are applicable to your facility. This letter is provided as guidance
to assist you in complying with the new reporting and operations and maintenance (O&M)
requirements and to advise you that you are subject to system review, inspections and possible
enforcement, if the system is not in compliance with the regulation.
For your convenience and easy reference, a highlight of these requirements and the
following guidance are offered (see enclosed). You may find the regulations using the following
web site: http://h2o.enr.state.nc.us/peres/Collection%20Systems/CollectionSystemsHome.html
The Asheville Regional Office will be increasing the level of oversight, compliance
activities and enforcement relating to collections systems, therefore, we wanted to be sure you
are aware of the requirements for these systems. We will be performing `NPDES Wastewater
Collection System inspections sometime in the near future.
Nolr hCarolina
Nahmallry
North Carolina Division of Water Quality 2090 US Hwy 70; Swannanoa, NC 28778 Phone [phone]
Internet: www..ncwaterquality.org Customer Service 1-877-623-6748 FAX [phone]
An Equal Opportunity/Affirmative Action Employer — 50% Recycled/10% Post Consumer Paper

September 5, 2007
Page 2 of 2
If this Office has not previously inspected your wastewater collection system and records
of same, you should be prepared to demonstrate compliance with all criteria listed above.
Enclosed is an inspection form that you can use to assemble your records prior to an inspection
by the staff of this Office.
This Office has a Wastewater Treatment Plant Consultant on staff to offer assistance to
you in complying with the requirements of these regulations. Should you have questions or
need additional information regarding this issue, please contact Don Price at [phone].
Should you have any other questions concerning this correspondence or the
requirements relating to collection systems, please contact Roy Davis or Keith Haynes at 828-
296-4500.
Sincerely,
6
Roger C. Edwards, Supervisor
Surface Water Protection Section
cc: Deborah Gore - PERCS Unit - w/out enclosures
CA_sfiev:i!Fe._R,-egional-,Office facility file.- w/out enclosures
DWQ - SWPS - Centraf Office Files w/out:-hadsures--

Facility information
NPDES permit #: NC0088404 Buncombe County
Facility name: The Rapids at French Broad WWTP -
Bright Water, LLC
WWTP class: II
Note: This facility has not been constructed as of August 16, 2010.
WWTP type: 0.0022 MGD WWTP (after receiving ATC)
WWTP location: Old US 25 & 70 Hwy & Monticello Rd., Weaverville
Responsible official: David Gray
Responsible " 's title: President
Mailing address: PO Box 4355; Asheville, NC 28805
Phone numbers
828-230-1449 S. David Gray (not the attorney: David Gray)
828-253-5511 "
828-252-8252 " — fax
Operator information
ORC & grade:
Back-up ORC & grade:
Permit information
Date issued: 8-1-2007
Expiration date: 10-30-2010
Stream information
Stream & river basin:
Sub -basin:
Stream classification:
Instream Waste Conc.:
Summer 7Q10 cfs:
Other information
Directions:
French Broad; French Broad River Basin
04-03-02
Quad: Weaverville Grid: E 8 NE
B
Drainage area sq mi: 1050
0.0007%
Average stream flow: 2300
470
Winter 7Q10 cfs: 630

I. W-, - M-- 0
NW
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins
Governor Director
November 18, 2010
E
Mr. David Gray, President
Bright Water, LLC
5 Highland Place
Asheville, North Carolina 28804 = :-
Subject: NPDES PERMIT ISSUANCE
Permit Number NCO088404
Rapids at French Broad WWTP
Buncombe County
Dear Mr. Gray:
Dee Freeman
Secretary
Division personnel have reviewed and approved your application for renewal of the subject
permit. Accordingly, we are forwarding the attached final NPDES discharge permit. This permit is
issued pursuant to the requirements of North Carolina General Statute 143-215.1 and the.Memorandum
of Agreement between North Carolina and the U.S. Environmental Protection Agency dated October 15,
2007 (or as subsequently amended).
- If any parts,- measurement frequencies or sampling requirements contained in this permit are
unacceptable to you, you have the right to an adjudicatory hearing upon written request within thirty
(30) days following receipt of this letter. This request must be in the form of a written petition,
conforming to Chapter 150B of the North Carolina General Statutes, and filed with the Office of
Administrative Hearings (6714 Mail Service Center, Raleigh, North Carolina 27699-6714). Unless such
demand is made, this permit shall be final and binding.
Please take notice that this permit is not transferable. This permit does not affect the legal
requirements to obtain other permits which may be required by the Division of Water Quality or permits
required by the Division of Land Resources, Coastal Area Management Act, or any other _Federal or
Local governmental permits which may be required.
If you have any questions or need additional information, please do not hesitate, to contact
Maureen Scardina of my staff at [phone].
Sincerely,
Coleen H. Sullins
Director, Division
cc: Central Files
NPDES Unit Files
Ashevil.]e..Regional- Officezl
1617 Mail Service Center, Raleigh, North Carolina 27699-1617
Location: 512 N. Salisbury St. Raleigh, North Carolina 27604
Phone: [phone] FAX: [phone] Customer Service: 1-877-623-6748
Internet: http://portal.ncdenr.org/web/wq/home
Q NOV 2 3 2010
er uality
L - R
WWA , ER C UALITY SECTIOPJ
ASHEV!LLE REGiGi AL 0FFiCE .x
ne
NorthCarolina
;Vaturallf
An Equal Opportunity1 Affirmative Action Employer

Permit NC0088440
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
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,
Bright Water, LLC .
is hereby authorized to discharge wastewater from a facility located at the
Rapids at French Broad WWTP
Old US 25 &70 and Monticello Rd.
Weaverville
Buncombe County
to receiving waters designated as French Broad River in the French Broad River Basin in accordance
with effluent limitations, monitoring requirements, and other conditions set forth in Parts I, H, III and
IV hereof.
This permit shall become effective January 1, 2011.
This permit and authorization to discharge shall expire at midnight on October 30, 2015.
Signed this day November 18, 2010.
��oleen H. Sullins, Director
Division of Water Quality
By Authority of the Environmental Management Commission
+ . . . . I.

Permit NCO088440
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.
Bright Water, LLC is hereby authorized to:
1. Operate an existing 0.0022 MGD extended aeration package plant located on Old US 25 at Rapids
at French Broad WWTP in Buncombe County.
2. After receiving an Authorization to Construct permit from the Division, construct wastewater
treatment facilities not to exceed 0.0022 MGD design flow.
3. After submitting an Engineer's Certification, discharge from said treatment works at the location
specified on the attached map into French Broad River, a class B water in the French Broad River
Basin.

Bright Water LLC
Rapids at French Broad
County;
Brunswick Stream Class:
B
Receiving Stream:
French Broad River Sub -Basin:
04-03-02
Latitude:
35' 41' 44" Grid/Quad:
E08NE/Weaverville
Loneitude:
82136' 49" HUC M
06010105
Facility
Location, yX,x
(not to scale)
NORTH NPDES Permit: NC0088404

Permit,NC0088440
A. Q.) 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,
LIMITS
- MONITORING REQUIREMENTS
CHARACTERISTICS
Monthly— -
....Daily.:
Measurement
Sample
Sample
:_.
Parameter Code..
Avera e :
Maximum',
'.. Frequency
` , ,"Type ''
Location
Flow
0:0022 MGD
Continuous
Recording
Influent or Effluent
50050
BOD, 5-day (20°C)
30.0 mg/I.
45.0 mg/L
Weekly
Grab
Effluent
00310
Total Suspended Solids
30.0 mg/L
45.0 mg/L
Weekly
Grab
Effluent
00530
Fecal Coliform (geometric mean)
200/100 mL
400/100 mL
Weekly '
Grab •
J
Effluent
31616
Total Residual Chlorine
28 µg/L
2/Week
Grab
Effluent
50060
Total Nitrogen
Semi -Annual
Grab
Effluent
00600
Total Phosphorus
Semi -Annual -
Grab
Effluent
00665
Temperature (°C)
Weekly
Grab
Effluent
00010
pH
Not < 6.0 nor > 9.0
Weekly
Grab
Effluent
00400
standard units
Footnotes:
1. Limit and monitoring applies only if chlorine is added for disinfection.. Please note that the Division
shall consider all effluent TRC values reported below 50 ug/l to be in compliance with the permit.
However, the Permittee shall continue to record and submit all values reported by a North Carolina
certified laboratory (including field certified), even if these values fall below 50 ug/l.
THERE SHALL BE NO DISCHARGE OF FLOATING SOLIDS OR VISIBLE FOAM IN OTHER THAN TRACE AMOUNTS

PDES Permit Standard Conditions
Page 1 of 18
PART II
STANDARD CONDITIONS FOR NPDES PERMITS
SectionA. 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.
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 aritlunetic 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
Version 512009

)ES Permit Standard Conditions
Page 2 of 18
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 volunne: 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 tune 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)
D *Maximum
The highest " daily discharge" during the calendar month.
D & Samph
Parameters requiring daily sampling shall be sampled. 5 out of every 7 days per week unless otherwise specified in the
permit. Sampling shall be conducted on weekdays except where holidays or other disruptions of normal operations
prevent weekday sampling. If sampling is required for all seven days of the week for any permit parameter(s), that
requirement will be so noted on the Effluent Limitations and Monitoring Page(s).
DWQ or "the Division"
The Division of Water Quality, Department of Environment and Natural Resources.
EMC
The North Carolina Environmental Management Commission.
EPA
The United States E nvironmental Protection Agency
Facility Closure
Cessation of all activities that require coverage under this NPDE S 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.
Version 512009

PDES Permit Standard Conditions
Page 3 of 18
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 Linder 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 linit)
The arithmetic mean of all "daily discharges" of a pollutant measuredd during the calendar month. In the case of fecal
coliform, the geometric mean of such discharges.
Permit IssWLigAuthority
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 Linder 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 lilutations 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.
Sections. GenemlCorxlitions
1. Duty to Comply
The P ermittee 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 122.411.
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.
Version 512009

)ES Permit Standard Conditions
Page 41 of 18
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 ivd*Wyviolates 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. 133 USC 1319 (c) (1) and 40 CFR 122.41 (a)
(2)]
d. Any person who ksaxtirdy 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.
133 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 Linder 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(cX3)(BXihi) 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 Linder 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 maximLrn 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 huunan health or the environment [40
CFR 122.41 (d)].
3. Civil and Criminal Liability
Except as provided in permit conditions on "Bypassing" (Part II. C. 4), "Upsets" (Part II. C. 5) and "Power
Failures" (Part II. C. 7), nothing in this permit shall be construed to relieve the Permittee from any
responsibilities, liabilities, or penalties for noncompliance pursuant to NCGS 143-215.3, 143-215.6 or Section 309
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of the Federal Act, 33 USC 1319. Furthermore, the Permittee is responsible for consequential damages, such as
fish kills, even though the responsibility for effective compliance may be temporarily suspended.
4. Oil and Hazardous Substance Liability
Nothing in this permit shall be construed to preclude the institution of any legal action or relieve the Permittee
from any responsibilities, liabilities, or penalties to which the Permittee is or may be subject to under NCGS 143-
215.75 et seq. or Section 311 of the Federal Act, 33 USG 1321. Furthermore, the Permittee is responsible for
consequential damages, such as fish kills, even though the responsibility for effective compliance may be
temporarily suspended.
5. Property Rights
The issuance of this permit does not convey any property rights in either real or personal property, or any
exclusive privileges, nor does it authorize any injury to private property or any invasion of personal rights, nor
any infringement of Federal, State or local laws or regulations [40 CFR 122.41(g)].
6. Onshore or Offshore Construction
This permit does not authorize or approve the construction of any onshore or offshore physical structures or
facilities or the undertaking of any work in any navigable waters.
7. Severability
The provisions of this permit are severable. If any provision of this permit, or the application of any provision of
this permit to any circumstances, is held invalid,'the application of such provision to other circumstances, and the
remainder of this permit, shall not be affected thereby [NCGS 15013-231.
8. Duty to Provide Information
The Permittee shall furnish to the Permit Issuing Authority, within a reasonable time, any information which the
Permit Issuing Authority may request to determine whether cause exists for modifying revoking and reissuing, or
terminating this permit or to determine compliance with this permit. The Permittee shall also furnish to the
Permit Issuing Authority upon request, copies of records required by this permit [40 CFR 122.41 (h)] .
9. Duty to Reapply
If the Permittee wishes to continue an activity regulated by this permit after the expiration date of this permit, the
Permittee must apply for and obtain a new permit [40 CFR 122.41 (b)].
10. Expiration of Permit
The Permittee is not authorized to discharge after the expiation date. In order to receive automatic
authorization to discharge beyond the expiation date, the Permittee shall subinit 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. SianatoryRgZt reinents
All applications, reports, or information submitted to the Pernut IssLiing 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 122.221.
b. All reports required by the pert -nit and other information requested by the Permit Issuing Authority shall be
signed by a person described in paragraph a. above or by a duly authorized representative of that person. A
-person is a duly authorized representative only if:
1. The authorization is made in writing by a person described. above;
2. The authorization specified either an individual or a position having responsibility for the overall
operation of the regulated facility or activity, such as the position of plant manager, operator of a well or
well field, superintendent, a position of equivalent responsibility, or an individual or position having
overall responsibility for environmental matters for the company. (A duly authorized representative may
thus be either a named individual or any individual occupying a named position.); and
3. The written authorization is submitted to the Permit Issuing Authority [40 CFR 122.221
c. Changes to authorization: If an authorization Linder 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 Linder paragraphs a. or b. of this section shall make the
following certification [40 CFR 122.221. NO OTHER STATEMENTS OF CERTIFICATION WILL BE
ACCEPTED:
"1 certify, under penalty of law, that this document and all attachments were prepared under my direction or
supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate
the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons
directly responsible for gathering the information, the information submitted is, to the best of my knowledge and
belief, true, accurate, and complete. 1 am aware that there are significant penalties for submitting false information,
including the possibility of fines and imprisonment for knowing violations."
12. Permit Actions
This permit may be modified, revoked and reissued, or terminated for cause. The filing of a request by the
Permittee for a permit modification, revocation and reissuance, or termination, or a notification of planned
changes or anticipated noncompliance does not stay any permit condition [40 CFR 122.41 (f)].
13. Permit Modification, Revocation and Reissuance, or Termination
The issuance of this permit does not prohibit the permit issuing authority from reopening and modifying the
permit, revoking and reissuing the permit, or terminating the permit as allowed by the laws, rules, and regulations
contained in Title 40, Code of Federal Regulations, Parts 122 and 123; Title 15A of the North Carolina
Administrative Code, Subchapter 2H.0100; and North Carolina General Statute 143-215.1 et. al.
14. Annual Administering and Compliance Monitoring Fee Requirements
The Permittee must pay the annual administering and compliance monitoring fee within thirty days after being
billed by the Division. Failure to pay the fee in a timely manner in accordance with 15A NCAC 2H.0105 (b) (2)
may cause this Division to initiate action to revoke the pernnit.
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Section C. Operation and Maiirtenance of Pollution ContmIs
1. Certified Operator
Upon classification of the permitted facility by the Certification Commission, the Permittee shall employ a
certified water pollution control treatment system operator in responsible charge (ORC) of the water pollution
control treatment system. Such operator must hold a certification of the grade equivalent to or greater than the
classification assigned to the water pollution control treatment system by the Certification Commission. The
Permittee must also employ one or more certified Back-up ORCs who possess a currently valid certificate of the
type of the system. Back-up ORCs must possess a grade equal to (or no more than one grade less than) the grade
of the system [15A NCAC 8G.02011.
The ORC of each Class I facility must:
➢ Visit the facility as often as is necessary to insure proper operation of the treatment system; the treatment
facility must be visited at least weekly
➢ Complywith 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 anew 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
I I. E . 6. (24-hour notice).
c. Prohibition of Bypass
(1) Bypass from the treatment facility is prohibited and the Permit Issuing Authority may take enforcement
action against a Permittee for bypass, unless:
(A) Bypass was unavoidable to prevent loss of life, personal injury or severe property damage,
(B) There were no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities,
retention of untreated wastes or maintenance during normal periods of equipment downtime. This
condition is not satisfied if adequate backup equipment should have been installed in the exercise of
reasonable engineering judgment to prevent a bypass which occurred during normal periods of
equipment downtime or preventive maintenance, and
(C) The Permittee submitted notices as required under Paragraph b. of this section.
(2) Bypass from the collection system is prohibited and the Permit Issuing Authority may take enforcement
action against a Permittee for a bypass as provided in any current or future system -wide collection system
permit associated with the treatment facility.
(3) The Permit Issuing Authority may approve an anticipated bypass, after considering its adverse effects, if
the Permit Issuing Authority determines that it will meet the three conditions listed above in Paragraph c.
(1) of this section.
Upsets
a. Effect of an upset [40 CFR 122.41 (n) (2)1: An upset constitutes an affirmative defense to an action
brought for noncompliance with such technology based permit effluent limitations if the requirements of
paragraph b. of this condition are met. No determination made during administrative review of claims that
noncompliance was caused by upset, and before an action for noncompliance, is final administrative action
subject to judicial review.
b. Conditions necessaryfor 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 dis permit.
(4) The Permittee complied with any remedial measures required under Part II. B. 2. of this permit.
c. Burden of proof [40 CFR 122.41 (n) (4)1: The Pernttee 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 promi-Agation 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 Perinittee shall notify the Permit Issuing Authority of any significant change in its sludge use
or disposal practices.
7. Power Failures
The Pernuttee is responsible for maintaining adequate safeguards (as required by 15A NCAC 2H.0124) to prevent
the discharge of untreated or inadequately treated wastes during electrical power failures either by means of
alternate power sources, standby generators or retention of inadequately treated effluent.
Section D. Mqd odM 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 tNs 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: CerrtralFiles
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
Flow Measurements
Appropriate flow measurement devices and methods consistent with accepted scientific practices shall be selected
and used to ensure the accuracy and reliability of measurements of the volume of monitored discharges. The
devices shall be installed, calibrated and maintained to ensure that the accuracy of the measurements is consistent
with the accepted capability of that type of device. Devices selected shall be capable of measuring flows with a
maximum deviation of less than 10% from the true discharge rates throughout the range of expected discharge
volumes. Flow measurement devices shall be accurately calibrated at a minimum of once per year and maintained
to ensure that the accuracy of the measurements is consistent with the accepted capability of that type of device.
The Director shall approve the flow measurement device and monitoring location prior to installation.
Once -through condenser cooling water flow monitored by pump logs, or pump hour meters as specified in Part I
of this permit and based on the manufacturer's pump curves shall not be subject to this requirement.
4. Test Procedures
Laboratories used for sample analysis must be certified by the Division. Permittees should contact the Divisiods
Laboratory Certification Section (919 733-3908 or http://h2o.enr.statc.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(u), 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, uinless other test procedures have been
specified in this permit [40 CFR 122.411.
To meet the intent of the monitoring required by this permit, all test procedures must produce minimunn
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 tinder 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 conunnitted after a first conviction of such person tinder 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 tlus 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
122.411.
7. Recording Restilts
For each measurement or sample taken pursuant to the requirements of this permit, the Permittee shall record
the following information [40 CFR 122.411:
a. The date, exact place, and tune 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 E ntry
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
bylaw, to;
a. Enter upon the Permittee's premises where a regulated facility or activity is located or conducted, or where
records must be kept tinder 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 (01.
Section E Renortut RecYlutetnents
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 GA. 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 122.41 (1) (2)].
4. Transfers
This permit is not transferable to any person without approval from the Director. The Director may require
modification or revocation and reissuance of the permit to document the change of ownership. Any such action
may incorporate other requirements as may be necessary under the CWA [40 CFR 122.410) (3)].
5. Monitoring Reports
Monitoring results shall be reported at the intervals specified elsewhere in this permit [40 CFR 122.41(1) (4)].
a. Monitoring results must be reported on a Discharge Monitoring Report (DMR) (See Part Il. 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 122.410) (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 fast 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 known 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(bX2) 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 docuunent 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 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 / DW_Q / Central Files
1617 Mail Service Center
Raleigh, NC 27699-1617
PART III
OTHER REQUIREMENTS
SectionA. Constiuction
The Permittee shall not continence 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 constriction have been submitted by the Permittee and approved by the Division.
Section & Groundwater M otritonit
The Permittee shall, upon written notice from the Director, conduct groundwater monitoring as maybe required to
determine the compliance of this NPDES permitted facilitywith the current groundwater standards.
SectionC. Cbatges inDiscbMes ofToxic 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";
0) One hundred micrograms per liter 000 pg/L);
(2) Two hundred micrograms per liter (200 pg/L) for acrolein and acrylonitrile; five hundred micrograms
per liter (500 pg/L) for 2.4-dinitrophenol and for 2-methyl-4.6-dinitrophenol; and one milligram per liter
(1 mg/L) for antimony,
(3) Five times the maximum concentration value reported for that pollutant in the permit application.
b. That any activity has occurred or will occur which would result in any discharge, on a non -routine or
infrequent basis, of a toxic pollutant which is not limited in the permit, if that discharge will exceed the
highest of the following "notification levels";
0) Five hundred micrograms per liter (500 pg/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 WastevmterDj5vji=e 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 NPDE S 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 . F acility Closutte Recluineineirts
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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)ES Permit Standard Conditions
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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 (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 aviolation of anyrequirement of the POTWs NPDES Permit or prevents sewage sludge use
or disposal in compliance with specified applicable State and Federal statutes, regulations, or perinits. [15A NCAC
21-1.0903 (b) (13)]
Pass Through
A discharge which exits the POTW intd 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 instreamwater quality standard. [15A NCAC 2H.0903 (b) (23)]
Publicly Owned Treatment Works (POTW)
A treatment works as defined by Section 212 of the CWA, owned by a State or local government entity. This
definition includes any devices and systems used in the storage, treatment, recycling and reclamation of municipal
sewage or industrial wastes of a liquid nature. It also includes sewers, pipes, and other conveyances only if they
convey wastewater to a POTW. The term also means the local government entity, or municipality, as defined in
section 502(4) of the CWA, which has jurisdiction over indirect discharges to and the discharges from such a
treatment works. [15A NCAC 2H.0903 (b) (27)]
"Sig1-uificant Industrial User" or "SIU"
An industrial user that discharges wastewater into a publicly owned treatment works and that [15A NCAC 21-1.0903
(b) (34)1:
(a) discharges an average of 25,000 gallons or more per day of process wastewater to the POTW (excluding
sanitary, noncontact cooling and boiler blowdown wastewaters) or;
(b) contributes more than 5 percent of the design flow of the POTW treatment plant or more than 5 percent of
the maximum allowable headworks loading of the POTW treatment plant for any pollutant of concern, or;
(c) is required to meet a national categorical pretreatment standard, or;
(d) is, regardless of Parts (a), (b), and (c) of this definition, otherwise determined by the POTW, the Division, or
the EPA to have a reasonable potential for adversely affecting the POTWs operation or for violating any
pretreatment standard or requirement or POTWs receiving stream standard, or to limit the POTWs sludge
disposal options.
SectionB. Public Owned. Treatinett Works (POTWs)
All POTWs are required to prevent the introduction of pollutants into the POTW which will interfere with the
operation of the POTW, including interference with its use or disposal of municipal sludge, or pass through the
treatment works or otherwise be incompatible with such.treatment works. [40 CFR 403.21
All POTWs must provide adequate notice to the Director of the following [40 CFR 122.42 (b)]:
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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. Mutricipd Cortml of Pollutarrts fiom I>rxxlusUial 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 Permitteds 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 clip 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 tricked or hauled pollutants, except at discharge points designated by the POTW.
C. The Permittee shall investigate the source of all discharges into the WWTP, including slug loads and
other unusual discharges, which have the potential to adversely impact the permittee's Pretreatment
Program and/or the operation of the WWTP.
The Permittee shall report such discharges into the WWTP to the Director or the appropriate Regional
Office. Any information shall be provided orallywithin 24 hours from the tune 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 maybe 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 (j) (2)]
5. This permit shall be modified, or alternatively, revoked and reissued, to incorporate or modify an approved
POTW Pretreatment Program or to include a compliance schedule for the development of a POTW
Pretreatment Program as required under Section 402 (b) (8) of the CWA and implementing regulations or by
the requirements of the approved State pretreatment program, as appropriate.
Section D. Pretreatmen Prop
Under authority of sections 307 (b) and (c) and 402 (b) (8) of the CWA and implementing regulations 40 CFR 403,
North Carolina General Statute 143-215.3 (14) and implementing regulations 15A NCAC 2H.0900, and in accordance
with the approved pretreatment program, all provisions and regulations contained and referenced in the Pretreatment
Program Submittal are an enforceable part of this permit. [40 CFR 122.44 (j) (2)]
The Permittee shall operate its approved pretreatment program in accordance with Section 402 (b) (8) of the CWA,
40 CFR 403, 15A NCAC 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 4033.
Sewer Use Ordinance (SUO)
The Permittee shall maintain adequate legal authority to implement its approved pretreatment program. [15A
NCAC 2H.0905 and .0906; 40 CFR 403.8 0 (1) and 403.9 (1), (2)]
Industrial Waste Survev (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 (j) (1)], including identification of all industrial
users and the character and amount of pollutants contributed to the POTW by these industrial users and
identification of those industrial users meeting the definition of SIU. The Permittee shall submit a summary of
its IWS activities to the Division at least once every five years, and as required by the Division. The IWS
submission shall include a summary of any investigations conducted under paragraph B, 2, c, of this Part.
3. Monitoring Plan
The Permittee shall implement a Division -approved Monitoring Plan for the collection of facility specific data
to be used in a wastewater treatment plant Headworks Analysis (HWA) for the development of specific
pretreatment local limits. Effluent data from the Plan shall be reported on the DMRs (as required by Part II,
Section D, and Section E.5•). [15A NCAC 2H.0906 (b) (2) and .09051
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
Version 512009

PDES Permit Standard Conditions
Page 17 of 18
updated HWA or documentation of why one is not needed) [40 CFR 122.441. The Permittee shall develop, in
accordance with 40 CFR 403.5 (c) and 15A NCAC 2H.0909, specific Local Limits to implement the
prohibitions listed in 40 CFR 403.5 (a) and (b) and 15A NCAC 2H.0909.
5. Industrial User Pretreatment Permits (IUP) & Allocation Tables
In accordance with NCGS 143-215.1, the Permittee shall issue to all significant industrial users, permits for
operation of pretreatment equipment and discharge to the Permittee's treatment works. These permits shall
contain limitations, sampling protocols, -reporting requirements, appropriate standard and special conditions,
and compliance schedules as necessary for the installation of treatment and control technologies to assure that
their wastewater discharge will meet all applicable pretreatment standards and requirements. The Permittee
shall maintain a current Allocation Table (AT) which summarizes the results of the HWA and the limits from
all IUPs. Permitted IUP loadings for each parameter cannot exceed the treatment capacity of the POTW as
determined by the HWA. [15A NCAC 2H.0909, .o9i6, and .0917; 40 CFR 403.5, 403.8 (f) (1) (iii); NCGS 143-
215.67 (a)]
6. Authorization to Construct WC)
The Permittee shall ensure that an Authorization to Construct permit (AtQ is issued to all applicable industrial
users for the construction or modification of any pretreatment facility. Prior to the issuance of an AtC, the
proposed pretreatment facility and treatment process must be evaluated for its capacity to comply with all
Industrial User Pretreatment Permit (IUP) limitations. [15A NCAC 2H.0906 (b) (6) and .0905; NCGS 143-
215.1(a) (8)]
7. POTW Inspection & Monitoring of their SIUs
The Permittee shall conduct inspection, surveillance, and monitoring activities as described in its Division
approved pretreatment program in order to determine, independent of information supplied by industrial users,
compliance with applicable pretreatment standards. [15A NCAC 2H.0908 (d); 40 CFR 403.8 (f) (2) (A The
Permittee must:
a. Inspect all SIUs at least once per calendar year; and
b. Sample all SIUs at least twice per calendar year for all permit -limited pollutants, once during the period
from January 1 through June 30 and once during the period from July 1 through December 31, except
for organic compounds which shall be sampled once per calendar year. 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. SIU Self Monitoring and Reporting
The Permittee shall require all industrial users to comply with the applicable monitoring and reporting
requirements outlined in the Division -approved pretreatment program, the industry's pretreatment permit, or
in 15A NCAC 2H.0908. [15A NCAC 2H.0906 (b) (4) and .0905; 40 CFR 403.8 (f) (1) (y) and (2) (iii); 40 CFR
122.44 (j) (2)]
9. Enforcement Response Plan (ERP)
The Permittee shall enforce and obtain appropriate remedies for violations of all pretreatment standards
promulgated pursuant to section 307 (b) and (c) of the CWA (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 (E RP) approved by the Division.
[15A NCAC 2H.0906 (b) (7) and .0905; 40 CFR 403.8 (f) (5)]
10. Pretreatment Annual Reports (PAR)
The Permittee shall report to the Division in accordance with 15A NCAC 2H.0908. In lieu of submitting
annual reports, Modified Pretreatment Programs developed under 15A NCAC2H.0904 (b) maybe 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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)ES Permit Standard Conditions
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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 SIUs in Significant Non -Compliance
(SNC); .s
b.) Pretreatment Prog[am 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 SummatyForms (IDSF)
Monitoring data from samples collected by both the POTW and the SIU. These, analytical results must
be reported on Industrial Data Sun nary Forms (IDSF) or other specific format approved by the
Division;
e:) Other Information
Copies of the POTW s allocation table, new or modified enforcement compliance schedules, public
notice of SIUs in SNC, and any other information, upon request, which in the opinion of the Director is
needed to determine compliance with the pretreatment implementation requirements of this permit;
11. Public Notice
The Permittee shall publish annually a list of SIUs that were in SNC as defined in the Permittee's Division. -
approved Sewer Use Ordinance with applicable pretreatment requirements and standards during the previous
twelve month period. This list shall be published within four months of the applicable twelve-month period.
[15A NCAC 2H.0903 (b) (35) .0908 (b) (5) and .0905 and 40 CFR 403.8 (f) (2) (vii)]
12. Record Keeping
The Permittee shall retain for a minimtun of three years records of monitoring activities and results, along with
support information including general records, water quality records, and records of industrial impact on the
POTW. [15A NCAC 2H.0908 (f); 40 CFR 403.12 (o)]
13. Funding and Financial Report
The Permittee shall maintain adequate funding and staffing levels to accomplish the objectives of its approved
pretreatment program. [15A NCAC 2H.0906 (a) and .0905; 40 CFR 403.8 (f) (3), 403.9 (b) (3)]
14. Modification to Pretreatment Programs
Modifications to the approved pretreatment program including but not limited to local limits modifications,
POTW monitoring of their SIUs, and Monitoring Plan modifications, shall be considered a permit
modification and shall be governed by 15 NCAC 2H.0114 and 15A NCAC 2H.0907.
Version 512009

Frazier, Wanda
From:
Sent:
To:
Cc:
Subject:
Attachments:
Hi Maureen,
Frazier, Wanda
Tuesday, September 14, 2010 5.04 PM
Scardina, Maureen
Edwards, Roger
RE: DRAFT Permit: NCO088404 Rapids at French Broad
WWTP
88404 a cover page 2010.doc; NCO088404-DRAFT
Permit_2010.pdf
As you know, I spoke with Mr. Gray several times recently, in an effort to get him to send in the renewal
request and pay the annual fee.
During my last conversation, I instructed told him how to submit the Sludge Management Plan to your email
address.
You should have everything by now.
The Supplement to permit cover page indicates that this is an "existing" facility. As you know, this
facility has not been constructed.
I feel that everything else in the attached documents is accurate.
ARO recommends renewal of this permit.
Let me know if you have questions or comments.
Thanks,
Wanda
Wanda Frazier
Email: [e-mail]
North Carolina Department of
Environment and Natural Resources
Asheville Regional Office
Division of Water Quality
1

Surface Water Protection Section
2090 US 70 Highway
Swannanoa, NC 28778
Switchboard: 828-296-4500 x 4662
Direct line: 828-296-4662
Fax: [phone]
Notice: E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and
therefore may be disclosed to third parties.
From: Edwards, Roger
Sent: Tuesday, September 07, 2010 10:21 AM
To: Frazier, Wanda
Subject: FW: DRAFT Permit: NC0088404 Rapids at French Broad WWTP
Please review and comments on this permit renewal.
Thanks,
Roger Edwards - [e-mail]
North Carolina Dept: of Environment and Natural Resources
Asheville Regional Office
Division of Water Quality - Surface Water Protection
2090 U.S. 70 Highway
Swannanoa, NC 28778
Tel: [phone]
Fax: [phone]
Notice: E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and
therefore may be disclosed to third parties.
From: Scardina, Maureen
Sent: Friday, September 03, 2010 1:40 PM
To: Edwards, Roger .
Cc: Frazier, Wanda; Reid, Steve
Subject: DRAFT Permit: NC0088404 Rapids at French Broad WWTP
Attached is a draft permit scheduled to go to public notice on September 15. Please forward to appropriate staff for
review/comment.
Thank you,
Maureen
2

Permit NCO088440
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
PERMIT
TO DISCHARGE WASTEWATER UNDER THE
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
In compliance with the provisions of North Carolina General Statute 143-215.1, other lawful standards
and regulations promulgated and adopted by the North Carolina Environmental Management
Commission, and the Federal Water Pollution Control Act, as amended,
Bright Water, LLC
is hereby authorized to discharge wastewater from a facility located at the
Rapids at French Broad WWTP
Old US 25 &70 and Monticello Rd.
Weaverville
Buncombe County
to receiving waters designated as French Broad River in the French Broad River Basin in accordance
with effluent limitations, monitoring requirements, and other conditions set forth in Parts I, 11, III and
IV hereof.
This permit shall become effective
, 2010.
This permit and authorization to discharge shall expire at midnight on October 30, 2015.
Signed this day
, 2010.
DRAFT
Coleen H. Sullins, Director
Division of Water Quality
By Authority of the Environmental Management Commission

Permit NCO088440
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.
Bright Water, LLC is hereby authorized to:
1. Operate an existing 0.0022 MGD extended aeration package plant located on Old US 25 at Rapids
at French Broad WWTP in Buncombe County.
2. After receiving an Authorization to Construct permit from the Division, construct wastewater
treatment facilities not to exceed 0.0022 MGD design flow.
3. After submitting an Engineer's Certification, discharge from said treatment works at the location
specified on the attached map into French Broad River, a class B water in the French Broad River
Basin.

Permit NCO088440
A. (L) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS - DRAFT
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
LIMITS
MONITORING REQUIREMENTS
CHARACTERISTICS
Monthly
Daily,
Measurement:
Sample:
'Sample. Sample —
Parameter Code
Average
Maximum
Frequency
Type
Location
Flow
Fl ow
0.0022 MGD
Continuous
Recording
Influent or Effluent
BOD, 5-day (20°C)
30.0 mg/L
45.0 mg/L
Weekly
Grab
Effluent
00310
Total Suspended Solids
30.0 mg/L
45.0 mg/L
Weekly
Grab
Effluent
00530
Fecal Coliform (geometric mean)
200/100 mL
400/100 mL
Weekly
Grab
Effluent
31616
Total Residual Chlorine
28 µg/L
2/Week
Grab
Effluent
50060
Total Nitrogen
Semi -Annual'
Grab
Effluent
00600
Total Phosphorus
Semi -Annual
Grab
Effluent
00665
Temperature (°C)
Weekly
Grab
Effluent
00010
PH
Not < 6.0 nor > 9.0
Weekly
Grab
Effluent
00400
standard units
Footnotes:
1. Limit and monitoring applies only if chlorine is added for disinfection. Please note that the Division
shall consider all effluent TRC values reported below 50 ug/1 to be in compliance with the permit.
However, the Permittee shall continue to record and submit all values reported by a North Carolina
certified laboratory (including field certified), even if these values fall below 50 ug/l.
THERE SHALL BE NO DISCHARGE OF FLOATING SOLIDS OR VISIBLE FOAM IN OTHER THAN TRACE AMOUNTS

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� J_,t f �� �� � _ T {Ill � .. �� �/', �4.r��!' � � �, T ,'-�.�, t'J �� , s I r� �- � � �'-• r /f t r/1i
I � 3ft (•��. � �C J {��y�_'� i�'- ���rl��/'. �"`��1.y� \ `t'`i.7/ . �"`•'^�'�� I �.�X'+ry� \ a
���� 7 �l {117�✓� z a r� Imo%= (\\fl i•' \ i ijt
tw!��'t' �_ Ii //llh✓01 \, 1 O(((5 �J%��>��+Jld. {tt� <J �:�� l�
i\\.-� ; r ih� j1��6i�L`-d�� /!.]l`v� ,�� 1.:'.�( ..S(�(IC(t!! ��jtA� � X� l �•"�%l-.`a.-a..� ;a •n .l, i�
Bright Water LLC
Rapids at French Broad
County:
Brunswick Stream Class:
B
Receiving Stream:
French Broad River Sub -Basin:
04-03-02
Latitude:
35° 41' 44" Grid/Quad:
E08NE/Weaverville
Longitude:
82' 36' 49" HUC M
06010105

Aug,23 2010 9:31AM
828 253-5511 P. i
NPDES APPLICATION - FORM D
For privately owned treatment systems treating 100% domestic
Mail the complete application to:
N. C. DENR / Division of Water Quality / KPD
1617 Mail Service Center, Raleigh, NC 276 9-
00erx
If you are completing this form imcomputer use the -TAB keyior the up -
field to the next. To check the boxes, click your mouse on top of the box 0
I.. Contact Information:
t4s 441&4 V E
SEP - 7 2010
WATER QUALITY SECTION
ASHEVILLE REGIONAL OFFICE
pwcijq,�r flp�
please print .or tuve.
Owner Name
Fdc ilitY Ntirfie
R
Mailing Address
J5 U1 'h \ckw�
city.
i
State Zip Code
Telephone Number.
Fax'Number
e-mail Address
2. Location of facility producing discharge: Propos-el (0 40mr,
Clieck-here'if same address as above
Street Address orState , R...oad
01A - a w'k,J( Wtv —C l
City
State Zip Code
County
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.
Mailing Address
city
State / Zip Code
Telephone Number
Fax Number
a
AUG 2 3 2010
1 of 3 Form-D05108

Rug 23 2010 9:31AM 828 253-5511 p.4
NPDES APPLICATION - FORM D
For privately owned treatment systems treating 100% domestic wastewaters <1.0 MGD
4. Description of wastewater:
Facility Generating Wastewater(check all that-apply�.
Industrial ❑ Number of Employees'
Commercial ❑ Number of Employees
Residential [ Number of Homes_
School ❑ Number of Studeats/Staff
Other ❑ Explain:
Describe,. the source(s) of wastewater (example subdivision -mobile-home park, shopping centers,
restaurants, etc.):
Population served: 2LA
S. of Ty collection system
[Separate (sanitary sewer only) ❑ Combined (storm sewer and sanitary sewer)
8. Outfall Information:
Number of separate discharge points
- Outfall Identification numbers) C Q `1
Is the outfall equipped with a diffuser? ❑ Yes ❑ No �5j VL� 61 1"t
7. Name of receivingpstreatm(s) (Provide a map showing the exact location of each outfallp.
E"V♦
8. Frequency of Discharge: ❑ Continuous [Intermittent
If intermittent: cc
Days per week discharge occurs: T Duration: �Gor c u vl d
- 9. Describe the treatment system
List all installed components, including capacities, .provide design removal for BOD, TSS, nitrogen and
phosphorus. If the space provided is not sufficient, attach the description of the treatment system in a
separate sheet ofpaper. paper.
2 of 3 Form-D 05108

Aug 23 2010 9:31AM 828 253-5511 p.3
NPDES APPLICATION - FORM D
For privately owned treatment systems treating 100% domestic Wastewaters <1:0 MGD
10. Flow Information:
Treatment Plant Design flow - C30 2ZMGD
Annual Average daily now MGD (for the previous 3 years) dot--��S�r����
Maximum daily flow MGD (for the previous 3 years) Aot C"fl vxskeuck'v' -
11. Is this facility located on Indian country?
❑ Yes R No
12. Effluent Data .
Provide data for the parameters Iisted. Fecal Coliform, Temperature and pH shall be grab samples, for all other
parameters 24-hour composite sampling shall be used. If more than one analysis is reported, report daily mrrxiinum
and monthly average. If only one analysis is reported, 'report as daily maximum..
Parameter
_
Daily
Maximum
Monthly
Average
Units of
Measurement
Biochemical Oxygen Demand (SODS)
e
Fecal Coliform
Total Suspended Solids
Temperature (Summer)
Temperature (Winter)
pH - -
13. List all permits, construction approvals and/or applications:
Type Permit Number Type
Hazardous Waste (RCRA) NESHAPS (CAA)
UIC (SDWA) Ocean Dumping (MPRSA)
NPDES G �� S C Dredge or fill (Section 404 or CWA)
PSD (CAA) Other
Non -attainment program (CAA)
14. APPLICANT CERTIFICATION
Permit Number
I certify that I am familiar with the information contained in the application and that to the
best of my knowledge and belief such information is true, complete, and accurate.
name of Persft Signing
r.
ture of A
Ti
ZA111'/ G�Z-e
Date
North Carolina General State 143-215.6 (b)(2) states: Any person who knowingly makes any false statement representation, or certification in any
application, record, report, plan, or other document files or required to be maintained under Article 21 or regulations of the Environmental Management
Commission Implementing that Article, or. who falsifies, tampers with, or knowingly renders inaccurate any recording or monitoring device or method
required to be operated or maintained under Article 21 or regulations of the Environmental Management Commission implementing that Article, shalt be
guilty of a misdemeanor punishable by a fine not to exceed $25,000, or by imprisonment not to exceed six months, or by both. (18 U.S.C. Section 1001
provides a punishment by a fine of not more than $25,000 or imprisonment not more than 5 years, or both, for a similar offense.►
3 of 3 Form•D 05/08

Ruc 23 2010 9:31AM 828 253-5511 p.2
04NMENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly -Eaves Perdue Coleen H. Sullins Dee Freeman
Govemor Director Secretary
June 24, 2010
CERTIFIED MAIL ITEM 7009_1680 0002 2464 6821 - RETURN RECEIPT REQUESTED
Mr. David Gray. _
Bright Water LLC
P.O. Box 4355
Asheville, NC 28805-4355
-� u j',y' �C �lr 1t1 Subject: Notice of Violation
Failure to Submit Renewal Application
PW a ! q %)7 Cp �o?, NPDES Permit NCO088404
The Rapids at French Broad
Buncombe County
Dear Permittee:
The subject.permit's expiration date is October 31, 2010. Federal [40 CFR 1221 and state (15A NCAC
2H.0105 (e)) regulations require that an application for permit renewal be filed at least 180 days prior to
expiration of the current permit. To satisfy this requirement, your renewal package should have been sent
to the Division postmarked no later than May 4, 2010.
As of this date, the Division has not received your renewal application. This is a violation d Part II.
B. 10. of your permit, which states "Any permittee that 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.". To prevent an assessment of civil penalties you must submit a completed
permit application (see enclosed forms) no later than July 8. 2010.
Use the enclosed checklist to complete your renewal package. The checklist identifies the items you
must submit with the permit renewal application. if all wastewater discharge from your facility has ceased
and you wish to rescind this permit [or if you have any questions] please contact Charles H. Weaver of my
staff. His telephone number, fax number and e-mail address are listed at the bottom of this page.
Sincerely,
r� Goleen H. Sullins
cc: Central Files
Asheville Regional.Office, Surface Water Protection
NPDES.File
1617 Mail Service Center, Raleigh, North Carolina 27699-1617
512 North Salisbury Street, Raleigh, North Carolina 27604
Phone: [phone] / FAX 919 B07-6495 / charles,[e-mail]
An Equal OpportunkylAffirmative Action Employer - 50 % Recycled/10% Post Consumer Paper
NorthCarolina
Na&&4

of wATF9
r NCDENR
o
David Gray, President
Bright Water, LLC
P.O. Box 4355
Asheville, North Carolina 28805
Dear Mr. Gray:
Michael F. Easley
Governor
' William"G: Ross, Jr., Secretary
North Carolina Department of Environment and Natural Resources
July 6, 2007
-Coleen-H:Sullins, Director
I�— Divisi of� Water Quality
J U L 1 1 2007
WATER, uJ ^, 1-1 Y c,=C T ION
Subject: Issuance of NPDES Permit NCO0884044
Rapids at French Broad WWI?
Buncombe County
Division personnel have reviewed and approved your application for renewal of the subject permit.
Accordingly, we are forwarding the attached NPDES discharge permit. This permit is issued pursuant to the
requirements of North Carolina General Statute 143-215.1 and the Memorandum of Agreement between North
Carolina and the U.S. Environmental Protection Agency dated May 9, 1994 (or as subsequently amended).
This final permit includes no major changes from the draft permit sent to you on April 11, 2007.
If any parts, measurement frequencies or sampling requirements contained in this permit are unacceptable to
you, you have the right to an adjudicatory hearing upon written request within thirty (30) days following receipt of this
letter. This request must be in the form of a written petition, conforming to Chapter 150B of the North Carolina
General Statutes, and filed with the Office of Administrative Hearings (6714 Mail Service Center, Raleigh, North
Carolina 27699-6714). Unless such demand is made, this decision shall be final and binding.
Please note that this permit is not transferable except after notice to the Division. The Division may require
modification or revocation and reissuance of the permit. This permit does not affect the legal requirements to obtain
other permits which may be required by the Division of Water Quality or permits required by the Division of Land
Resources, the Coastal Area Management Act or any other Federal or Local governmental permit that may be
required. If you have any questions concerning this permit, please contact Sergei Chernikov at telephone number
[phone], extension 594.
Sincerely,
�T Co
leen H. Sullins
cc: Central Files
NPDES Files
s ev e; e gtonalff�eguracater 1'fotecti
N. C. Division of Water Quality / NPDES Unit . Phone: [phone]
1617 Mail Service Center, Raleigh, NC 27699-1617 fax: [phone]
Internet: h2o.enr.state.nc.us DENR Customer Service Center: 1 800 : 3-7748

Permit NCO088440
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,
Bright Water, LLC
is hereby authorized to discharge wastewater from a facility located at the
Rapids at French Broad WWTP
Old US 25 &70 and Monticello Rd.
Weaverville
Buncombe County
to receiving waters designated as French Broad River in the French Broad River
Basin in accordance with effluent limitations, monitoring requirements, and other
conditions set forth in Parts I, II, III and IV hereof.
This permit shall become effective August 1, 2007.
This permit and authorization 'to discharge shall expire at midnight on October 30, 2010.
Signed this. day July 6, 2007.
s
- Zen H. Sullins, Director
ion of Water Quality
Authority of the Environmental Management Commission

Permit NCO088440
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.
Bright Water, LLC is hereby authorized to:
(L rro r
1. Operate as�exi tis n� 0.0022 MGD package plant located on Old US 25 at Rapids
at F.yerfCh Broad WWTP in Buncombe County.
2. After receiving an Authorization to Construct permit from the Division, construct
wastewater treatment facilities not to exceed 0.0022 MGD design flow)
C,Fed &e-
3. After submitting an Engineer's Certification, discharge from said treatment works
at the location specified on the attached map into French Broad River, a class B
water in the French Broad River Basin.

DENR/DWQ
FACT SHEET FOR NPDES PERMIT DEVELOPMENT
NPDES No. NCO088404
Facility Information
'Applicant/Facility Name:
Bright Water, LLC/Rapids at French Broad WWTP
Applicant Address: `
P.O. Box 4355, Asheville, North Carolina 28805
Facility Address:
Old US 25 &70 and Monticello Rd., Weaverville, North Carolina
Permitted Flow...,
0.0022 MGD
T'' 'e of Waste:
100% Domestic.
Other Perrrlit(s):
N/A
Facility / Permit Status:
Class H / New
County; -
Buncombe County
ReceivirYg Stream.
Stream Classification:
3.03(d) Listed?
Subbasin:, ;...
Drain age =Area (jm):"
Summer, 7Q 10 (cfs)
Winter- 7010 (cfs)
30Q2 (cfs)
Average Flow (cfs) ' '
Miscellaneous.
French Broad
Regional
B
USGS To
Yes (biological)
Permit,Wr
04-03-02
Date:
1050
470
630
2300
0.0007%
ice:''. Asheville
Quad: E8NE — Weaverville, NC
r: Sergei Chei mikov
February 20, 2007
Lat. 35141' 44" N Long. 82° 36' 49" W
BACKGROUND:
Rapids at French Broad WWTP is a proposed Class lI, 100% domestic wastewater treatment
system that treats waste from a small development that consists of 6 homes with 3 bedrooms in
each. The EAA for this facility has been approved on January 16, 2007. Effluent limitations are
based on the Level B model, which was completed on February 15, 2007.
PROPOSED SCHEDULE FOR PERMIT ISSUANCE:
Draft Permit to Public Notice: ' February 28, 2007 (est.)
Permit Scheduled to Issue: April 24, 2007 (est.)
NPDES CONTACT:
If you have questions regarding any of the above information or on the attached permit, please
contact Sergei Chernikov at [phone] ext. 594.
REGIONAL OFFICE COMMENTS:
Fact Sheet
NPDES NCO033111 Renewal
Page 1

LEVEL B Model .
FACT SHEET FOR PERMIT LIMIT DEVELOPMENT
The Rapids at French Broad
NPDES No. NCO088404
Facility; Infokmation
Applicant/Facility. '_Name:
The Rapids at French Broad
Permitted Flow" :
0.0022 MGD
Type of Waste
100% Domestic
County:: '
Buncombe
IVliscellaneous
-Receiving Stream
French Broad
Regional ;Office:
ARO
Stream Classification:-
Stream' Index Number:
B
Quad;.
E 8 NE -Weaverville, NC
_303(d) Listed?: -
Yes
Level B modeler:
Agyeman Adu-Poke
Subbas'
04-03-02 . '
Date:
2/ 15/07
Drainage. Area (mi2):.
1050
R <:.
Summer 7Q 10 (cfs)
470�
Winter 7Q10 (cfs)
630
Average Stream Flow ,
cfs
2300
IWC (%)-,at Permitted_
:Flow:
0.0007
SUMMARY
The Rapids at French Broad is a residential development project which will consist of
six (6) homes and each home will have three (3) bedrooms. Bright Water, LLC, the
owner of The Rapids at French Broad, has applied for an NPDES wastewater .
discharge permit to discharge 0.002.2 MGD of treated wastewater into the French
Broad River. The facility will be permitted for a flow limit of 0.0022 MGD.
A level B model was performed to ensure the proposed flow would be protective of. the
5.0 mg/L instream D.O. standard. Based on the results of this model, secondary
BOD limits will be sufficiently protective, without ammonia limits instituted.
ANALYSIS AND DISCUSSION:
USGS gauge #03451500 is located approximately 6 miles upstream the location of the
discharge point. Therefore flows provided at that location were used for the model.
There is a USGS partial -record site (station # 03451926) located about 0.5 mile from
the discharge point with records of 7 miscellaneous discharge measurements made
1968 through 1972. However, the numbers of records for this location are less than
that needed for a low flow estimate. The model was developed with one reach, which
extends from the discharge point to 2.6 miles downstream of the French Broad River
with elevation marked as 1800 ft. The DO minimum of 7.87 mg/L was reached at the
discharge location., CBOD and NBOD values are below background levels at the end of
the reach. The values were 1.94 mg/L and 0.96 mg/L, respectively, during the
summer. Therefore the model is complete.
Note: The French Broad River Basin Plan notes water quality concerns or restrictions
to discharge on French Broad River. That segment of the French Broad River is listed
on the 303 (d) list for biological impairment.
The Rapids at French Broad - NCO088404
Level B Model
Page 1

Michael F. Easley
Governor
�►��� William G. Ross, Jr., Secretary
NCDENR North Carolina Department of Environment and Natural Resources
r_.: __-_ - -•. _ _ Alan Klimek, P.E., Director
"Division of Water Quality
David Gray, President
Bright Water, LLC
P.O. Box 4355
Asheville, North Carolina 28805
Dear Mr. Gray:
January 16, 2007
A
LJA N 1 9 2007
I (� -
--
WATER CUALITY SECTION (
-- — - — --
Subject: Engineering Alternative Analysis (EAA)
Rapids at French Broad
Buncombe County
The Division of Water Quality (Division) has reviewed your Engineering Alternative Analysis (FAA) for
the Rapids at French Broad. 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 the address or telephone
number listed below.
Sincerely,
/Sergei Chernikov, Ph.D.
Environmental Engineer II
NPDES-WEST
.cc: NPDES_ File
Asheville Regional Office/Surface Water Protection
John T. Coxey, P.E.
John T. Coxey Consulting Engineering
53 Fox Chase Rd., West, Asheville, NC 28804
N. C. Division of Water Quality 1 NPDES Unit Phone: [phone], extension 594
1617 Mail Service Center, Raleigh, NC 27699-1617 Fax: [phone]
Internet: h26.enr.state"nc.us a - mail: [e-mail]

0�0�- W A 7- RQ
r
Michael F. Easley
Governor
®� William G. Ross, Jr., Secretary
NCDENR North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E., Director
Division of Water Quality
January 17, 2001
To: Roger Edwards
WQ Regional Supervisor
Asheville Regional Office
From: Sergei Chernikov, Ph.D.
Environmental Engineer H
NPDES-West
Re: Rapids at French Broad
Buncombe County
F E- C
F
i JAN 1 9 2007
WATER QUP,LITY SF_C7IG, .
L q.S-- V. LLE REGIONAL- _--
The NPDES-West has received EAA for the above referenced project (see attached). Please let
me know if you have any questions, objections or concerns.
cc: Pernut File
N. C. Division of Water Quality / NPDES Unit Phone: [phone]
1617 Mail Service Center, Raleigh, NC 27699-1617 fax: [phone]
Internet: h2o.enr.state.nc.us DENR Customer Service Center: 1 800 623-7748

Engineering Alternatives Analysis
And
NPDES Permit Application
For
The Rapids at French Broad
John T. Coxey Consulting Engineering, P. A.
John T. Coxey, P. E.
53 Fox Chase Road
Asheville North Carolina 28804
C
Telephone: [phone] i
Fax: [phone]
August, 2006
Project No: 06011
7293 r
1-5
GINS C.,'
3r,r>>
1,

A
Table of Contents
I. General Information
Page 1
H. Evaluation of Disposal Alternatives
Page 2
A. Land Based Disposal
Page 2
B. Connection to a POTW
Page 2
C. Connection to a privately owned
Treatment works
Page 3
D. Acquisition of additional land for land
Based disposal
Page 3
E. Reuse
Page 3
F. Disposal Combination
Page 4
G. NPDES Discharge
Page 4
III. Comparison of Present Worth
Page 9
IV. Conclusion
Page 10
Local Government Review Forms
NPDES Application
Exhibits

I. General Information
A.
1✓
C.
Facility Name:
Facility Address:
`I 'Lil JAN 1 9 7
The Rapids at French''r ad
WATtFt QUALI Y j
Bright Water, LLC `` r
P. O. Box 4355
Asheville, North Carolina 28805
Facility Telephone: [phone]
Fax: [phone]
EAA Preparer's
Name:
John T. Coxey, P. E.
53 Fox Chase Road, West
Asheville, North Carolina 28804
Preparer's Telephone: [phone]
Fax: [phone]
Preliminary Investigation of Water Quality
1. Zero Flow Stream Restrictions — no restrictions, see Exhibit A.
2. Receiving Stream Classification Restrictions — none, French Broad
River is classified Class B.
3. Basin wide Water Quality Plans — The French Broad River in the
project area shows no restrictions in the basin wide water quality plan.
4. Impaired Waters and TMDLs — not found in 303(d) list.
5. Presence of Endangered Species — none, see Exhibit B.
Description of Project Requiring Wastewater Disposal
The Rapids at French Broad project will consist of a six (6) home
residential development. Each home will have three (3) bedrooms and
based on this the development will generate approximately 2,160 gallons
per day of domestic wastewater.
-1-
t

H. Evaluation of Disposal Alternatives
A. Land Based Disposal Alternatives
As stated above, there will be approximately 2,160 gallons per day of
domestic wastewater generated by the Rapids at French Broad.
The Owner of the development has contacted Earthwise Designs,
registered soil scientist, for an evaluation of the project site for potential
installation of land based disposal options. Based on this evaluation,
Earthwise Designs has concluded that all areas of the site are unsuitable
for an on -site disposal due to the fact that the entire property lies within
the floodway and floodplain of the French Broad River. In addition,
setbacks required for the river and road fronting the property are such that
irregardless of the floodway and floodplain, there would be no areas
available for on -site disposal. Exhibit C is a portion of the FEMA flood
map showing the location of the property.
The evaluation by Earthwise Designs dated March 31, 2006 discussing the
above site conditions and restrictions is shown as Exhibit D in this report.
The following disposal options remain to be investigated and are discussed
below:
B. Connection to a POTW
C. Connecting to a privately owned treatment works
D. Acquisition of additional land for land based disposal
E. Reuse
F. Disposal Combinations
G. NPDES Discharge
B. Connection to a POTW
Metropolitan Sewerage District of Buncombe County (MSD) is the only
means of sewer connection that is near the project site. Gravity sewer is
approximately 2 V2 miles from the site. A combination of a pumping
station and force main would be necessary to convey sewage to the MSD
system. A USGS topo map showing this project, and a costlestimate with
present worth analysis are shown following.
1 1 -2-

C. Connecting to a privately owned treatment works
Discussions with Asheville Regional office personnel and an inventory
check of privately owned treatment works show that there are no options
available under this category.
D. Acquisition of additional land for land based disposal
Local property owners with land adjacent to this project have been
identified for potential purchase of additional property.
These properties are immediately north and south of the Rapids at French
Broad project. These properties are identical to the project property in that
they also lie within the floodplain and floodway of the French Broad River
and are fronted by Old US Highway 25 & 70 to the east.
All of the property across the highway from the project is steep and rocky
which is typical of land adjacent to rivers and parallel roadways in the
mountains. For this reason, none of this property is suitable for land -based
disposal.
Buncombe County tax records identifying the properties north and south
of the project are shown as Exhibits E and F.
In addition, a property plat showing the floodway and floodplain is shown
as Exhibit G.
E. Reuse
Reuse of treated wastewater effluent on this project could be an option
when used in conjunction with a biological treatment system approved
under an NPDES permit. State requirements regarding reuse stipulate that
effluent be tertiary quality. It is not evident at this time that tertiary limits
will be set for discharge of 2,160 gallons of treated effluent on this project.
The project site has essentially no areas where reclaimed water could be
land applied. With all of the property being within the floodway and
floodplain, reuse is not an option.
-3-

F. Disposal Combinations
Because no other options of disposal are feasible except a surface water
discharge (discussed below), there are no evident disposal combinations to
be investigated.
G. NPDES Discharge
Since the amount of water flow from this project is small (2,160 GPD), a
typical extended air or contact stabilization package type treatment plant is
not feasible for the project. There are however, other treatment
technologies available, which can be approved by North Carolina
Department of Environment and Natural Resources. The proposed system
for this project is the Orenco Systems, Inc. AdvanTex Treatment System.
This is an innovative technology for treatment of wastewater. The heart of
the system is the AdvanTex filter, a watertight fiberglass basin filled with
an engineered textile material. This lightweight textile material treats a
large amount of wastewater in a small space, because textile has a very
large surface area for biological breakdown of wastewater components.
AdvanTex treats residential -strength waste to better than "secondary"
standards. It can also be discharge to a UV bulb disinfection system for
coliform removal.
In an AdvanTex Treatment System, wastewater percolates through the
textile media, whose complex fiber structure provides tremendous water -
holding capacity and offers an extremely large surface area for biomass
attachment. A visible biological film normally develops on. the filter
medium within a few days. BOD5, and TSS reductions occur almost
immediately.
The AdvanTex Treatment System comes standard with a telemetry control
panel with a web -based monitoring system, supervised by the System's
service provider. Alarm notifications are automatically sent to the service
provider's e-mail capable device. Messages are re -sent until the condition
has been cleared. As a back up, the control panel also has an audible
alarm. And the system is sized to allow for a minimum of 24 hours of
wastewater storage (at average daily flows). That means an, operator can
provide service to the system during normal working hours, regardless of
when an alarm occurs.
Additionally, assuming tertiary limits, a separate treatment unit consisting
of a microscreen drum filter and controls, or other form of tertiary
treatment would be included downstream of the Advantex treatment
system
-- -4-

1
Due to the property lying within the floodway and floodplains of the
French Broad River, the treatment system will be installed at least one (1)
foot above the 100-year floodplain.
A USGS map showing projected discharge point, cost estimates and
present worth analysis and a plant schematic are shown following.
-5-

1
Project Cost Estimate and Present Worth Analysis
Connection to a P®TW

Connection to a POTW
1. On -Site Pump Station and Stand-by Generator
$ 40,000.00
2. 3" Force Main and appurtenances
13,500 L.F. @ $25.00/LF
$ 337.500.00
Total Construction
$ 377,500.00
- Contingencies (10%)
$ 37,750.00
Administration
$ 5,000.00
Engineering
$ 28,000.00
Total Project Cost
$ 448,250.00
Annual O & M Costs
Operation and Maintenance
$ 12,000.00
Equipment and Supplies
$ 3,500.00
Power (20kw x 8 hrs/day x 365 days x $0.09/kwh
$ 5,256.00
Total Annual O & M
$ 20,756.00
Present Worth Analysis
Present Worth of Annual Costs
(20 years, 7 %) = 10.59 Present Worth Factor
Present Worth of Project Cost
$ 448,250.00
Present Worth of Annual Costs
$20,756 x 10.59
$ 219,806.00
Total Present Worth
:$ 668,056.00
I on

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t _:

Project Cost Estimate and Present Worth Analysis
Package Wastewater Treatment Plant and Discharge

Project Cost Estimate and Present Worth Analysis
Package Wastewater Treatment Plant and Discharge
1. Orenco System AdvanTex Treatment System
AX-100 Pod
Re -circulation Tank
UV System
Electrical
2. Primary Septic Tanks
(one per house)
3. Microscreen Filter (Tertiary Treatment)
4. Site work, Piping
5. Miscellaneous hardware, pads, and materials
Total Construction Cost
Contingencies (10%)
Administration
Engineer's Fees
Total Project Cost
Annual O & M Costs
Operation and Maintenance
Equipment and Supplies
Utility (Power) 7KWxl8hrs/day x365x$0.09/kwh)
Total Annual O & M Costs
-7-
$ 40,000.00
$ 12,000.00
$ 45,000.00
$ 10,000.00
$ 10,000.00
$117,000.00
$ 11,700.00
$ 2,500.00
$ 23,000.00
$154,200.00
$ 7,500.00
$ 2,500.00
$ 4,150.00
$ 14,150.00

Present Worth of Annual Costs
(20 years 7%)
Present Worth Factor =10.59
Present Worth of Project Cost
Present Worth of Annual Costs
$14,150.00 x 10.59
Present Worth Analysis
$154,200.00
$ 149,850.00
Total Present Worth $304,050.00
-8-

T' anTex` D es i i
n Criteria
For. Commercial and Multi -family Applications
�a
On"Moswerne
IDOWPOMW
1-809-348-9843
System Description and Treatment Process
Commercial AdvanTex® Treahueni Systems are a multiple -pass, packed bed aerobic wastewater
treatment technology specifically designed and engineered for long-term processing of domestic
strength wastewater. Figure 1 shows a standard layout for the secondary treatment system
treatment sad dispeffie4iiet shown).-
AdvanTE
Venblatn
Assgmbl
Screene
Influent
From
Primary
Tankage
Recircul;
sprinter �
stribufion Valve
%MphV PaGcege
Qly verge �—Re&"IerM Tank
Fig.1 Standard CommeYr► iai AdvanTex Treatment System: Top View
0 �5V 7/�Ti,4.�p/

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III. Comparison of Present Worth
The present worths of connecting to a POTW versus on -site wastewater
treatment plant and discharge alternatives are as follows:
Connection to POTW
Wastewater Treatment Plant
In
Present Worth
$ 668,056.00 "
$ 304,050.00

IN. Conclusion
The information presented herein supports installation of a new wastewater
treatment plant and discharge to French Broad River.
MSD would not assume ownership and maintenance for a pump station and
force main for six (6) homes, as it would not be feasible economically.
Because of this, the Owner of the project would not be able to obtain the
necessary Department of Transportation encroachment permit for constructing
a force main in DOT right-of-way.
Additionally, there is no adjacent property, which is available for land -based
disposal.
-10-

LOCAL GOVERNMENT REVIEW FORMS
Review forms were not retumed by local governments who were requested to
comment on this proposed project.

NPD ES Application

NPDES APPLICATION - FORM D
For privately owned treatment systems treating 1009/6 domestic wastewaters <1.0 MGD
Mail the complete application to:
N. C. Department of Environment and Natural Resources
Division of Water Quality / NPDES Unit
1617 Mail Service Center, Raleigh, NC 27699-1617
NPDES Permit Occe
If you are completing this form in computerusethe 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
Facility Name " Ate, 125 .ter z if,!!Ue_ll z�00WID
Mailing Address�?X
City
State / Zip Code.✓.�
Telephone Number (� J
Fax Number ( c
i e-mail Address
2. Location of facility producing discharge:
Check here if same address as above
Street Address or State Road
City
-� State / Zip CodeiQ1iy
_-. County
i
3. Operator Information:
Name of the firm, public organization -or»athernentity -that--operates,the facility.!' (Note that this is not
referring to the Operator. in Responsible Charge or ORC)
Name.P//T
Mailing Address
City
State / Zip Coder"f��
Telephone Number (j
Fax Number ('
1 of 1 Form-D 1/06

NPDLS APPLICATION - FORM D
For privately owned treatment systems treating" ICW/- domestic wastewaters <1.0 MGD
I
j I
f
4. Description of wastewater.
Facility Generating WastewMter[check all that apply):
Industrial ❑ Number of Employees
Commercial ❑ Number of Employees
Residential Number of Homes_
School ❑ Number of Students/Staff
Other ❑ Explain:
Describe the source(s) of wastewater (example: subdivision, mobile home park, shopping centers,
restaurants, etc.): Gaff
Population served: 4�9�
5. Type o,,f collection system
Separate (sanitary sewer only) ❑ Combined (storm sewer and sanitary sewer)
6. Outfall Information:
Number of separate discharge points
Outfall Identification number(s)L
Is the outfall equipped with a diffuser? ❑ ides �l�a
7. Name of receiving stream(s) (provide a map showing the exact location of each outfall):
All V-41
8. Frequency of Discharge: Q—V6 nuous� ❑ Intermittent
If intermittent:
Days per week discharge occurs_
Duration:
9. Describe the treatment system
List all installed components, includhW capacitY, provide design removal for BOD, TSS, nitrogen and
phosphorus. If the space provided is not sufficient, attach the description of the treatment system in a
separate sheet of paper.
2 of 2 Form-D 1/06

NPDES APPLICATION - FORM D
For privately owned treatment, systems treating 10G*/6 domestic wastewaters <1.0 MGD
10. Flow Information:
Treatment Plant Design i1owd°t-'/0Z0 MGD
Annual Average daily flow MGD (for the previous 3 years)
Maximum daily flow MGD (for the previous 3 years)
11. Is this facility located on Indian n r '
❑ Yes 0--go
12. Effluent Data
Provide data for the parameters listed. Fecal Eolifvrm; Temperature andpH shall be grab samples, for all other
parameters 24-hour composite sampling shall be used Ef, f cent tesffW data must be based on at least three
samples and must be no more than faur and one ha if years.otd
Parameter
DOW
Xontlay
Av , e
Units of
Measurement
Number of
Samples
Biochemical Oxygen Demand
(BOD5)
Fecal Coliform
Total Suspended Solids
Temperature (Summer)
Temperature (Winter)
pH
13. List all permits, construction a ra v'als and/or apPli�lons:
-- Type Permit Number Type
Hazardous Waste (RCRA) NFSHAPS (CAA}
UIC (SDWA) Ocean Dumping (MPRSA)
NPDES ,f���fG%/�/✓ Dredge or fill (Section 404 or CWA)
PSD (CAA) Special order of Consent (SOC)
Non -attainment program. (CAA) Other
14. APPLICANT CERTIFICATION
'Permit Number
I certify that I am familiar with the I --atlen COUWM" ft tom- application and that to the
best of my knowledge and belief such . I Wtkneq, completer, and, accurate.
rl 1 n r o.. / s o® 9-2 .�
Printed
3 of 3
Signing
`l'itie
Form-[) 1106

NPIDES APPLICATION -PORK I .
For privately- emwned of s e w t t , If% domestic watera-c1.0 MGD
North Carolina General Statute 143215.& (b)(2) states: Any person who Imowingly makes any false statement
representation, or certificationin any application, record, report, plan, or other document files or required to be
maintained under Article 21 or regulations� of. the Environmental -Management Commission implementing that Article, or
who falsifies, tampers witli, or knowly renders inaccurate any recording or monitoring device or method required to be
operated or maintained under -Article 21 or regulations of the .Environmental Management Commission implementing that
Article, shall be guilty of a misdemeanor punishable by a fine not to exceed $25,000 or by imprisonment not to exceed
six months, or by both. (18 U.S-C. Section, 1001. provides: a punishment. by a fine of not more than $25,000 or
imprisonment not more than 5 years; or both, for a similar offense.)
4 of 4 Form-D 1/06

EXHIBITS

Page I of I
From John C Weaver <[e-mail]>
Date 2006/08/02 Wed PM 01:40:53 EDT
To [e-mail]
CC John C Weaver '[e-mail]>
Subject Low flog characteristics for French Broad River in vicinity of We-avenffile (north Buncombe County)
Mr. Coxey,
In response to your inquiry about the low -flow characteristics (77 Q10) for a location on French Broad River in the
vicinity of 'Neaverville in northern Buncombe County, the follow- ing information is provided:
A check- of the low -flow files here at the USGS office in Raleigh does not indicate any previous determination of
low -flow characteristics for your site of interest, located downstream of the confluence of French Broad River and
Reems Creek. There is a USGS partial-recordsite(station id 03451926, drainage area 1050 sqmi) about 0.5 mile
downstream from Reems Creek with records of 7 rniscellaneous discharge measurements made 1968 through
1972. How -ever. the number of mere-surenaerits for this facatiap are less than that needed for a low-f7ow anal��'siss,
Thus, in the absence of sufficient site -specific data that would allow for a leer -flow analysis, low -flow
characteristics are estimated by assessing the range of Iqw-tiowyields (that is, flow per square mile of drainage
area, or chins) at nearby locations where 7QIG discharges have been deterrnined.
The USGS operates continuous -record strearngaging stations on the French Broad River, including one upstream
at Asheville (station id 03451500, drainage area 945 sqmi) and one downstream near IVIarshall (station id
03453500, drainage area 1332 sqmi). A low -flow analysis (based on records through March 2006) for the 7Q10
discharge at each of these stations indicates the low -flow yield is 0.45 and 0.39 cfsm, respectively.
Given the drainage area for your point of interest is closer to that for the Asheville gaging station, it would be
reasonable to lean towards use of the 7Q 10 yield from this station (0.45 cfsm) while recognizing that some
change in low -flow characteristics between the two gaging stations appears to exist. Applying the yield of 0.45
cfsm to the drainage area (1050 sqmi) of the partial -record site results in a 7QI 0 flow estimate of about 470 cfs
that can be considered applicable to your point of interest.
Hope this information is helpful.
Thank you.
Curtis Weaver
J. CurtisWeaver, Hydrologist, PE
USGS North Carolina Water -Science Center
3916 Sunset Ridge Road
Raleigh, NC 277607
Telephone: [phone] Y Fax: [phone]
E-mail address --
Initernet address — http,/Inc.water.us&s.gov/
il etq
http://netmail.verizon.net/webmail/servlettHttDNimletDriver?nimlet--ManaLaeFma D, i INj
R/s/?.nm

Uti/Zb/ZUUU IU:43 FAX lifts Z54 5330 USFWS Asheville,NC 10001
Fax
Asheville Ecological
Services Feld Office
Phone: [phone] Fax: [phone]
To: John T. Coxey
Fax number; 658-1304
From: Bryan Tompkins
Date: August 29, 2006
Pages to follow: 2
Subject: Species Assessment for a NPDES Discharge on the French Broad River at the Intersetion of
Dixie Road and Monticello Road in Buncombe County, North CaTORna
Did you know that the U.S. Fish and VTrldhfe Service ...
■ manages the 95-million-acre National Wildlife Refuge System, which encompasses 540 national
wildlife refuges, thousands of small wetlands, and other special n=agernent areas.
■ operates 69 national fish hatcheries, 64 fishery resource offices and 91 ecological scrviccs field
stations.
■ enforecs federal wildlife laws.
■ administem the Endangered Species Act.
■ manages migratory bird populations.
� Y
q�;t hF y,# tr r�ioiii �: ■ restores nationally significant fisbcrics.
■ conserves and restores wildlife habitat such as wetlands.
forei
r he - �9♦ __ ips gn govcrrirtrcnts with tttcir wnservation efforts.
AUG 29,2006 10:17A 828 258 5330 page 1

U4/z}llzuU0 lu:33 YA.& szs zoo 533U
USFWs Asheville,NC 4 002
United States Department of the Interior
FISH AND WILDLIFE SERVICE
Asheville Field Office
160 Ziilicoa Street
Asheville, North Carolina 28801
August 29, 2006
Mr. John T. Coxey, P,E.
John T. Coxey Consulting Engineering, P.A.
53 Fox Chase Road
Asheville, North Carolina 28804
Dear Mr. Coxey:
Subject: Species Assessment for a NPDES Discharge on the French Broad River at the
Intersection of Dixie Road and Monticello Road in Buncombe County, North Carolina
In your letter dated July 26, 2006, you requested our comments about the subject project. We
have reviewed the information you presented and are providing the following„comments in
accordance with the provisions of the )Fish and Wildlife Coordiriation Act, as amended
(16 U.S.C. 661-667e), and section 7 of the Endangered Species Act of 1973, as amended
(16 U.S.C. 1531-1543) (Act).
Endangered Species. According to our records, no listed species or their habitats occur o)l the
site, and we do not believe the proposed project will affect endangered or threatened species or
their habitats. Therefore, the requirements under section 7 of the Act are fulfilled. However,
obligations under section 7 of the Act must be reconsidered if. (1) new information reveals
impacts of this identified action that may affect listed species or critical habitat in a manner not
previously considered, (2) this action is subsequently modified in a manner that was not
considered in this review, or (3) a new species is listed or critical habitat is determined that may
be affected by the identified action.
Aquatic Resource Protection. Although no federally listed species are laaown to occur at the
proposed wastewater discharge site, we are concerned about the impacts the proposed package
plant and subsequent wastewater discharge could have on other aquatic species in the French
Broad River. The river below the proposed discharge is also a popular recreational area (e.g.,
fishing, swimming, canoeing, etc.). From our experience with similar projects, we have noticed
that package treatment plants are susceptible to system failures. Operational failures in the
wastewater treatment system or limited dilution during low -flow conditions could result in
higher than predicted in -stream concentrations of wastewater in the discharge.; Therefore, we
recommend the use of alternative treatment systems to the proposed surface wastewater
AUG 29,2006 10:18A 828 258 5330 page 2

usi cal tuna tu: as rAa ata too 044U ubk mi Asneviiie, m ; 10 003
discharge. If an alternatives analysis determines that no other alternatives to the proposed
surface wastewater discharge are feasible, we recommend that you use instantaneous low -flow
conditions to conservatively model in -stream waste concentrations (rather than low flow summer
conditions as described) and the use of on -site standby power sources (e.g., :emergency
generators with sufficient capacity to power all critical operational needs) and other fail-safe
- measures to minimize the potential for treatment process upsets.
Your letter did not include the treatment measures that will be used at the proposed package
- treatment plant. We remind you that chlorine disinfection systems are not ideal for effluent
treatment in aquatic habitats. We are concerned that any operational failures resulting in
in -stream chlorine levels above state standards bas the potential to adversely affect aquatic
species. Due to the potential for toxic effects in the French Broad River, we recommend that
i ultraviolet disinfection be used as an alternaative to chlorine disinfection to treat effluent prior to
- ' discharge.
We appreciate the opportunity to provide these comments. If we can be of assistance or if you
- have any questions, please do not hesitate to contact Mr. Bryan Tompkins of our staff at
828/258-3939, Ext. 240. In any future correspondence concerning this project, please reference
our Log Number 4-2-06-398.
Sin erely,
Brian P. Cole
Field Supervisor
AUG 29,2006 10:18A 828 258 5330 page 3

;c
t
ZONE A
Buncombe County
Unincorporated Areas

Aug 16 200.6 9:37nM 828 253-5511
nug 15 lab 07:48p Ea_ ___wise Designs 8281247 67
p.I
Carolina J. Edwards, N.C. Licensed Soil Scientist#1220
Ea►trwise Designs
724 Duncan Road Rutherfordton, NC 28139
828)247-0067 cell# 289-0122 [e-mail]
March 31, 2006
To: David Gray
Bright Water, LLC
PO Box 4335 Asheville, NC 28805
Re: Site Evaluation for Onsite Wastewater System, Buncombe County
French Broad River site, on north of Woodfin on Old US 25/70;
2.49 ac; PIN #9722.02-78-231 1
Earthwise Designs performed a site evaluation for an onsite
wastewater system at the above referenced site. The site was evaluated
using criteria contained in 15 A NCAC 18A .1990, "Laws and Rules for
Sewage Treatment and Disposal Systems".
The Flood Boundary Survey map from 2001 by Peterson
Engineering & Surveying regarding the site was also reviewed.
After evaluation of the site and review of the flood boundary map, it
is clear there is no available space for onsite wastewater systems.
Considering the setbacks to the river and the setback to the fill of the
highway, there is no space left to evaluate.
If there were, it would likely be old fill material from highway
construction mixed with alluvial deposits, unsuitable material for onsite
septic systems.
Thus it is my professional opinion that this area does not have
suitable available space for any type of onsite wastewater disposal and
this option should be eliminated from consideration as a wastewater
disposal site for development by the landowner. Please contact me if
further information is needed.
Sincerely yours,
Caroline J. ards
NC Licensed Soil Scientist #1220
AUG 16,2006 09:12A 828 253 5511 page 1

Aug 16 2006 4:35PM 820 253-5511 p.2
Buncombe County Tax Informationoceptance /���/� . Page 1 of 1
El
CouWof_B��augnabe �lnrih_`Gaoiita
Web Property Record Card
9722.02-78-0930.000
Information
Status:
Owners: L KIM CLARK
Account:
Address:
Deed Book/Page:
2739 CENTRAL AVE
Plat Book/Page:
WAYGROSSGA, 31503
Legal Reference:
Taxing Districts
Location:
County: Buncombe County
Class:
City:
Neighborhood:
Fire: French Broad
Subdivision:
School:
Sub Lot:
_
Zonina:
2006 Total Property Value:
Active
8118858
198910722
0000/0000,
UNKNOWN
OLD MARSHALL HWY
RESIDENTIAL VAC/LOTS
RIVERSIDE FRENCH/BR
Assessment History
io
Tax Year
Account Acres
Land Buildings Other Irnpr
Assessed
Exemptions/Deferred
Taxable
006
8118858 0.66
143000
0
14300
0
14300
2005
8118858 0.66
162000
0
16200
0
16200
2004
8118858 0.66
162000
0
16200
0
16200
003
8118858 0.66
162000
0
16200
0
16200
--
002
8118858 0.66
162000
0
16200
0
16200
001
8118858 0.66
130000
0
13000
0
13000
Land Data Total Acres: 0.66
2006 Value: 14,30
er Improvements 2006 Value: I
Segment# Units
Description
prov##
r
Description Year
Units
1
i 0.66 Acres
LOT
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Rug 16 2006 4: 35PM
828 253-5511
P. 1
Buncombe County Tax Information xptance
.�
Page I of I
County.of Buncombe, North Carolina
Web Property Record Card
9722.02-77-2739.000
0 'vaer- �/
Owner Information
Parcel Information
2006 Total Property Value: 16,00
Status:
Active
Owners:
ROBERT EUGENE HANAFIN
Account:
8118857
Address:
Deed Book/Page:
1988 / 0600
825 MERRIMON AVE
Plat Book/Page:
0000 / 0000
ASHEVILLENC, 28804
Legal Reference:
WARRANTY OR SPUPARC
Taxing Districts
Location:
2210 OLD MARSHALL HWY
County:
Buncombe County
Class:
RESIDENTIAL VAC/LOTS
City:
Neighborhood:
RIVERSIDE FRENCH/BR
Fire:
French Broad
Subdivision:
School:
Sub Lot:
Zoning:
Ownership History
Date
Price Legal Ref
Deed Book/Page Seller
10/8/1997
$28,000 WARRANTY OR SPL/PARC 1988 10600
1312500,- LEONARD S
CLARK
Assessment history
Tax Year
Account Acres Land Buildings Other Impr Assessed Exemptions/Deferred
Taxable
006
8118857 1.07 160000
0 16000
0
16000
005
8118857 1.07 181000
0 18100
0
18100
004
8118857 1.07 181000
0 18100
0
18100
2003
8118857 1.07 181000
0 18100
0
18100
002
8118857 1.07 181000
0 18100
0
18100
001
8118857 1.07 177000
0 17700
0
17700
Land Data Total Acres: 1.07
2006 Value: 16,000
Cher improvements 2006 Value:
Segment# Units
Description
Improv# Description Year
Units
1
1.07 Acres -
LOT
q
P AeWeI7 A-,015t4pol
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AUG 16,2006 04:11P 828 253 5511 page 1