NC0088757_Regional Office Physical File Scan Up To 10/15/2020

Water Resources
ENVIRONMENTAL QUALITY
Ross Adickman, General Partner
French Broad River Group of NC LLC
2400 NE 2nd Avenue, Studio B
Miami, Florida 33137
Dear Mr. Adickman:
4-ko PAT MCCRORY
Governor
D.ONALD R. VAN DER VAART
Secretory
of Water
January 8, 2016 1 FEB - 3 2016
Water Quality Regional Operations
Asheville Regional Office —
Subject: Issuance of NPDES Permit NC0088757
Riverview Development WWTP
525 Old Marshall Hwy, Alexander
Buncombe County
The Division of Water Resources (the Division) hereby issues the attached NPDES permit for
the subject facility. We issue this permit 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.
Changes for Renewal. The Division understands that this facility is yet to be constructed. We
have therefore made only minimal changes to your permit by updating your permit format and
site map. However, please note that electronic reporting of Discharge Monitoring Reports
(DMRs) is now required.
Implementing Electronic Discharge Monitoring Reports (eDMRs). Please be advised that the
Division has implemented an electronic Discharge Monitoring Report (eDMR) program, in
accord with pending requirements by the Environmental Protection Agency (EPA). We include
the details to implement the eDMR program in this permit [see Section A. (2)].
Proposed federal regulations require electronic submittal of all DMRs and specify that, if North
Carolina does not establish a program to receive such submittals, Permittees must then submit
eDMRs directly to EPA. For more information on eDMRs, registering for eDMR submittal, and
obtaining an eDMR user account, please visit DWR's webpage:
http://portal.ncdenr.org/web/w
A/admin/bog/ipu/edmr.
For information on EPA's proposed NPDES Electronic Reporting Rule, please visit EPA's
website:
http://www2.epa gov/com liance/proposed-npdes-electronic re ortingrule
State of North Carolina I Environmental Quality I Water Resources
1611 Mail service Center I Raleigh, North Carolina 27699-1611
919 707 9000

If any parts, measurement frequencies, or sampling requirements contained in this permit are
unacceptable, you have the right to an adjudicatory hearing, upon written request submitted
within thirty (30) days after receiving this letter. Your request must take the form of a written
petition conforming to Chapter 150B of the North Carolina General Statutes, and you must file it
with the office of Administrative Hearings, 6714 Mail Service Center, Raleigh, North Carolina
27699-6714"Unless::such a demand is made, this permit shall be final and binding.
This permit is not transferable except after notifying the Division of Water Resources. The
Division may require permit modification, or revocation and re -issuance. Please note that this
permit does not affect your legal obligation to obtain other permits required by the Division of
Water Resources, the Division of Land Resources, the Coastal Area Management Act, or other
federal or local governments.
If you have questions, or if we can further assist you, please contact Joe Corporon at
[[e-mail]] or call [phone].
Zect ,
S. Jay Zimmerman, P.G.
Enclosure: NPDES Permit NCO088757 (issuance final)
hc: NPDES Program Files
ec: C)LSGVPS; 1andoi Daso
TACU, Maureen Kinney

Permit NCO088757
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENTAL QUALITY
DIVISION OF WATER RESOURCES
PERMIT
TO DISCHARGE WASTEWATER UNDER THE
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
(NPDES)
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,
French Broad River Group of NC LLP
is hereby authorized to discharge wastewater from a facility located at the
Riverview Development WWTP
525 Old Marshall Highway, Alexander
Buncombe County
to receiving waters designated as the 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 February 1, 2016
This permit and authorization to discharge shall expire at midnight on October 31, 2020.
Signed this day January 8, 2016.
r, •ay Zimmerman, P.G.,
Director-
ivision of Water Resources
By Authority of the Environmental Management Commission
Page 1 of 5

Permit NC0088757
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.
French Broad River Group of NC LLP
is hereby authorized to:
1. construct and operate a wastewater -treatment facility, not to exceed a design flow 0.050 MGD;
these facilities to be known as the Riverview Development WWTP, located at 525 Old Marshall
Highway, Alexander in Buncombe County, and
2. after submitting an Engineer's Certification to the Division verifying that said facility was
constructed in accord with this permit; and after notifying the Division's Asheville Regional Office
(ARO) five (5) working days in advance of the proposed discharge (828-296-4500) to provide for
inspection at the Region's discretion, then
3. discharge from said treatment works via Outfall 001, a location specified on the attached map, into
the French Broad River [stream index number 6-(54.5)], a waterbody currently classified B within
subbasin 04-03-02 [HUC: 06010105] of the French Broad River Basin.
Page 2 of 5

pppp.pp�
Permit NC0088757
Part I
A. (L) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS
[15A NCAC 02B .0400 et seq.; 02B .0500 et seq.]
During the period beginning upon the effective date of the permit and lasting until expiration, the
Permittee is authorized to discharge via Outfall 001. Such discharges shall be limited, monitored, and
reported 1 by the Permittee, as specified below:
EFFLUENT
LIMITS
MONITORING REQUIREMENTS
CIIARACTERISTICS'
[Parameter Codes]
Monthly
Daily
Measurement'
Sample.,
Sample
Average
Maximum
Frequency
Type
Location 2
Flow ]
[50050Effluent
0.050 MGD
Weekly
)iistantaneous
Influent or
Total Residual Chlorine 3
[50060]
17 µg/L
2/Week
Grab
Effluent
3 ]day (20°C)
[C0310
[C0
3 0. 0 mg/L
45.0 mg/L
Weekly
G rab
Effluent
Total Suspended Solids
[C0530]
3 0. 0 mg/L
45.0 mg/L
Weekly
Grab
Effluent
Fecal Coliform
(geometric mean) [31616]
200 / 100 ml
400 / 100 ml
Weekly
Grab
Effluent
Temperature (°C)
[00010]
Weekly
y
Grab
Effluent
pH
[00400]
Not < 6.0 nor > 9.0
standard units
Weekly
Grab
Effluent
Total Nitrogen (NH3 as N)
[C0610]
Semi-annual
Composite
Effluent
Total osphonis
[00600]
Semi-annual
Composite
Effluent
Footnotes:
1. Beginning no later than 270 days from the effective date of this permit, the Permittee shall submit
discharge monitoring data electronically using the NCDWR's Electronic Discharge Monitoring Report
(eDMM) internet application [see Section A. (2)].
2. Upstream = at least 50 feet upstream from the outfall. Downstream = at least 200 feet downstream from the
outfall.
3. Total Residual Chlorine (TRC) limit and monitoring is required only if chlorine is used by the facility. The Division
shall consider compliant all TRC values reported below 50µg/L by a North Carolina -certified test method (including
field -certified). However, the Permittee shall continue to report all levels detected, even if levels fall below 50µg/L.
Condition: The Permittee shall discharge no floating solids or foam.
Page 3 of 5

7NPermit NC0088757
A. (2.) ELECTRONIC REPORTING - DISCHARGE MONITORING REPORTS
[G.S. 143-215.1(b)]
Proposed federal regulations require electronic submittal of all discharge monitoring reports (DMRs)
and specify that, if a state does not establish a system to receive such submittals, then Permittees must
submit DMRs electronically to the Environmental Protection Agency (EPA).
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 [Supersedes Section D. (2.) and Section E. (5.) (a)1
Beginning no later than 270 days from the effective date of this permit, the Permittee shall submit
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 inteinet. 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:
NCDEQ / DWR / Information Processing Unit
ATTENTION: Central Files / eDMR
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
If a Permittee is unable to use the eDMR system due to a demonstrated hardship, or due to the
facility being physically located in an area where less than 10 percent of the households have
broadband access, then a temporary waiver from the NPDES electronic reporting requirements may
be granted and discharge monitoring data may be submitted on paper DMR forms (MR 1, 1. 1, 2, 3)
or alternative forms approved by the Director. Duplicate signed'copies shall be submitted to the
mailing address above. .
Requests for temporary waivers from the NPDES electronic reporting requirements must be
submitted in writing to the Division for written approval at least sixty (60) days prior to the date the
facility would be required under this permit to begin using eDMR. Temporary waivers shall be
valid for twelve (12) months and shall thereupon expire. At such time, DMRs shall be submitted
electronically to the Division unless the Permittee re -applies for and is granted a new temporary
waiver by the Division.
Page 4 of 5

Permit NC0088757
Information on eDMR and application for a temporary waiver from the NPDES electronic reporting
requirements is found on the following web page:
http://portal.NCDEQ.org/web/wg/admin/bog/ipu/edmr
Regardless of the submission method, the first DMR is due on the last day of the month following
the issuance of the permit or in the case of a new facility, on the last day of the month following the
commencement of discharge.
2. Signatory Requirements [Supplements Section B. (11.) (b) and Supersedes
Section B. (11.) (d)]
All eDMRs submitted to the permit issuing authority shall be signed by a person described in Part
11, Section B. (I 1.)(a), or by a duly authorized representative of that person as described in Part II,
Section B. (I 1.)(b). A person, not an assigned 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://poltal.NCDEQ.org/web/wq/admin/bog/ipu/edmr
Certification. Any person submitting an electronic DMR using the state's eDMR system shall
make the following certification [40 CFR 122.22]. NO OTHER STATEMENTS OF
CERTIFICATION WILL BE ACCEPTED:
"I certify, under penalty of law, that this document and all attachments were prepared under my
direction or supervision in accordance with a system designed to assure that qualified personnel
properly gather and evaluate the information submitted Based on my inquiry of the person or
persons who manage the system, or those persons directly responsible for gathering the
information, the information submitted is, to the best of my knowledge and belief, true, accurate,
and complete. I am aware that there are significant penalties for submitting false information,
including the possibility offines and imprisonmentfor knowing violations. "
3. Records Retention [Supplements Section D. (6.)]
The Permittee shall retain records of all Discharge Monitoring Reports, including eDMR
submissions. These records or copies shall be maintained for a period of at least 3 years from the
date of the report. This period may be extended by request of the Director at any time [40 CFR
122.41].
Page 5 of 5

French Broad River Group of NC LLC
Facility
Riverview Development WWTP
Location
Latitude: 35142' ION" Longitude: 82° 37' 01" W
not to scale
Quad / State Grid: Weaverville / E8NE RUC: 06010105f
Receiving Stream: French Broad River Stream Segment: 6-(54.5)
Drainage Basin: French Broad Sub -Basin: 04-03-2
NPDES
PermitNC008875Z
Stream Class: B
North
Buncombe County

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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NPDES Permit Standard Conditions
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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 occur in the absence of a
bypass. Severe property damage excludes economic loss caused by delays in production.
Toxic Pollutant:
Any pollutant listed as toxic under Section 307(a)(1) of the CWA.
Upset
An incident beyond the reasonable control of the Permittee causing unintentional and temporary noncompliance with
permit effluent limitations and/or monitoring requirements. An upset does not include noncompliance caused by
operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive
maintenance, or careless or improper operation.
Weekly Average concentration limit
The arithmetic mean of all "daily discharges" of a pollutant measured during the calendar week. In the case of fecal
coliform or other bacterial parameters or indicators, the geometric mean of such discharges.
Section B. General Conditions
1. Duty to Comply_
The Permittee must comply with all conditions of this permit. Any permit noncompliance constitutes a violation of
the CWA and is grounds for enforcement action; for permit termination, revocation and reissuance, or
modification; or denial of a permit renewal application [40 CFR 122.41].
a. The Permittee shall comply with effluent standards or prohibitions established under section 307(a) of the
CWA for toxic pollutants and with standards for sewage sludge use or disposal established under section
405(d) of the CWA within the time provided in the regulations that establish these standards or prohibitions or
standards for sewage sludge use or disposal, even if the permit has not yet been modified to incorporate the
requirement.
b. The CWA provides that any person who violates section[s] 301, 302, 306, 307, 308, 318 or 405 of the Act, or
any permit condition or limitation implementing any such sections in a permit issued under section 402, or any
requirement imposed in a pretreatment program approved under sections 402(a)(3) or 402(b)(8) of the Act, is
subject to a civil penalty not to exceed $37,500 per day for each violation. [33 USC 1319(d) and 40 CFR
122.41(a)(2)]
c. The CWA provides that any person who negligently violates sections 301, 302, 306, 307, 308, 318, or 405 of
the Act, or any condition or limitation implementing any of such sections in apermit 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
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NPDES Permit Standard Conditions
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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 1 penalty assessed not to exceed
$37,500. Penalties for Class I1 violations are not to exceed $16,000 per day for each day during which the
violation continues, with the maximum amount of any Class H 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 15013-231.
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 expiration date. In order to receive automatic authorization to
discharge beyond the expiration date, the Permittee shall submit such information, forms, and fees as are required
by the agency authorized to issue permits no later than 180 days prior to the expiration date unless permission for a
later date has been granted by the Director. (The Director shall not grant permission for applications to be
submitted later than the expiration date of the existing permit.) [40 CFR 122.21(d)] Any Permittee that has not
requested renewal at least 180 days prior to expiration, or any Permittee that does not have a permit after the
expiration and has not requested renewal at least 180 days prior to expiration, will subject the Permittee to
enforcement procedures as provided in NCGS 143-215.6 and 33 USC 1251 et. seq.
11. Si ng atory Requirements
All applications, reports, or information submitted to the Permit Issuing Authority shall be signed and certified [40
CFR 122.41(k)].
a. All permit applications shall be signed as follows:
(1) For a corporation: by a responsible corporate officer. For the purpose of this Section, a responsible
corporate officer means: (a) a president, secretary, treasurer or vice president of the corporation in charge
of a principal business function, or any other person who performs similar policy or decision making
functions for the corporation, or (b) the manager of one or more manufacturing, production, or operating
facilities, provided, the manager is authorized to 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 122.22]. NO OTHER STATEMENTS OF CERTIFICATION WILL BE ACCEPTED:
"I certify, under penalty of law, that this document and all attachments were prepared under my direction or
supervision in accordance with a system designed to assure that qualified personnel properly gather and
evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or
those persons directly responsible for gathering the information, the information submitted is, to the best of my
knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for
submitting false information, including the possibility of fines and imprisonment for knowing violations. "
12. Permit Actions
This permit may be modified, revoked and reissued, or terminated for cause. The filing of a request by the
Permittee for a permit modification, revocation and reissuance, or termination, or a notification of planned changes
or anticipated noncompliance does not stay any permit condition [40 CFR 122.41(f)].
13. Permit Modification, Revocation and Reissuance, or Termination
The issuance of this permit does not prohibit the permit issuing authority from reopening and modifying the permit,
revoking and reissuing the permit, or terminating the permit as allowed by the laws, rules, and regulations
contained in Title 40, Code of Federal Regulations, Parts 122 and 123; Title 15A of the North Carolina
Administrative Code, Subchapter 02H .0100; and North Carolina General Statute 143.215.1 et. al.
14. Annual Administering and Compliance Monitoring Fee Requirements
The Permittee must pay the annual administering and compliance monitoring fee within thirty days after being
billed by the Division. Failure to pay the fee in a timely manner in accordance with 15A NCAC 02H .0105(b)(2)
may cause this Division to initiate action to revoke the permit.
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.
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
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 13 W, of the CWA (as amended), and 40 CFR 136; or in the case of sludge use or disposal,
approved under 40 CFR 136, unless otherwise specified in 40 CFR 503, unless other test procedures have been
specified in this permit [40 CFR 122.41].
To meet the intent of the monitoring required by this permit, all test procedures must produce minimum detection
and reporting levels that are below the permit discharge requirements and all data generated must be reported down
to the minimum detection or lower reporting level of the procedure. If no approved methods are determined
capable of achieving minimum detection and reporting levels below permit discharge requirements, then the most
sensitive (method with the lowest possible detection and reporting level) approved method must be used.
5. Penalties for Tampering
The CWA provides that any person who falsifies, tampers with, or knowingly renders inaccurate, any monitoring
device or method required to be maintained under this permit shall, upon conviction, be punished by a fine of not
more than $10,000 per violation, or by imprisonment for not more than two years per violation, or by both. If a
conviction of a person is for a violation committed after a first conviction of such person under this paragraph,
punishment is a fine of not more than $20,000 per day of violation, or by imprisonment of not more than 4 years,
or both [40 CFR 122.41].
6. Records Retention
Except for records of monitoring information required by this permit related to the Permittee's sewage sludge use
and disposal activities, which shall be retained for a period of at least five years (or longer as required by 40 CFR
503), the Permittee shall retain records of all monitoring information, including:
➢ all calibration and maintenance records
➢ all original strip chart recordings for continuous monitoring instrumentation
➢ copies of all reports required by this permit
➢ copies of all data used to complete the application for this permit
These records or copies shall be maintained for a period of at least 3 years from the date of the sample,
measurement, report or application. This period may be extended by request of the Director at any time [40 CFR
122.41].
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7. Recording Results
For each measurement or sample taken pursuant to the requirements of this permit, the Permittee shall record the
following information [40 CFR 122.41]:
a. The date, exact place, and time of sampling or measurements;
b. The individual(s) who performed the sampling or measurements;
c. The date(s) analyses were performed;
d. The individual(s) who performed the analyses;
e. The analytical techniques or methods used; and
f. The results of such analyses.
8. Inspection and Entry
The Permittee shall allow the Director, or an authorized representative (including an authorized contractor acting as
a representative of the Director), upon the presentation of credentials and other documents as may be required by
law, to;
a. Enter, at reasonable times, upon the Permittee's premises where a regulated facility or activity is located or
conducted, or where records must be kept under the conditions of this permit;
b. Have access to and copy, at reasonable times, any records that must be kept under the conditions of this 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 Reportin1l Requirements
1. Change in Discharge
All discharges authorized herein shall be consistent with the terms and conditions of this permit. The discharge of
any pollutant identified in this permit more frequently than or at a level in excess of that authorized shall constitute
a violation of the permit.
2. Planned Changes
The Permittee shall give notice to the Director as soon as possible of any planned physical alterations or additions
to the permitted facility [40 CFR 122.41(1)]. Notice is required only when:
a. The alteration or addition to a permitted facility may meet one of the criteria for new sources at 40 CFR
122.29(b); or
b. The alteration or addition could significantly change the nature or increase the quantity of pollutants
discharged. This notification applies to pollutants subject neither to effluent limitations in the permit, nor to
notification requirements under 40 CFR 122.42(a)(1); or
c. The alteration or addition results in a significant change in the Permittee's sludge use or disposal practices, and
such alteration, addition or change may justify the application of permit conditions that are different from or
absent in the existing permit, including notification of additional use or disposal sites not reported during the
permit application process or not reported pursuant to an approved land application plan.
3. Anticipated Noncompliance
The Permittee shall give advance notice to the Director of any planned changes to the permitted facility or other
activities that might result in noncompliance with the permit [40 CFR 122.41(1)(2)].
Transfers
This permit is not transferable to any person without prior written notice to and approval from the Director in
accordance with 40 CFR 122.61. The Director may condition approval in accordance with NCGS 143-215.1, in
particular NCGS 143-215.1(b)(4)b.2., and may require modification or revocation and reissuance of the permit, or
a minor modification, to identify the new permittee and incorporate such other requirements as may be necessary
under the CWA [40 CFR 122.41(1)(3), 122.611 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 on'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 H.E.5 and 6. of this permit at the
time monitoring reports are submitted. The reports shall contain the information listed in Part II.E.6. of this permit
[40 CFR 122.41(1)(7)].
8. Other Information
Where the Permittee becomes aware that it failed to submit any relevant facts in a permit application, or submitted
incorrect information in a permit application or in any report to the Director, it shall promptly submit such facts or
information [40 CFR 122.41(1)(8)].
9. Noncompliance Notification
The Permittee shall report by telephone to either the central office or the appropriate regional office of the Division
as soon as possible, but in no case more than 24 hours or on the next working day following the occurrence or first
knowledge of the occurrence of any of the following:
a. Any occurrence at the water pollution control facility which results in the discharge of significant amounts of
wastes which are abnormal in quantity or characteristic, such as the dumping of the contents of a sludge
digester; the known passage of a slug of hazardous substance through the facility; or any other unusual
circumstances.
b. Any process unit failure, due to known or unknown reasons, that render the facility incapable of adequate
wastewater treatment such as mechanical or electrical failures of pumps, aerators, compressors, etc.
c. Any failure of a pumping station, sewer line, or treatment facility resulting in a by-pass without treatment of all
or any portion of the influent to such station or facility.
Persons reporting such occurrences by telephone shall also file a written report within 5 days following first
knowledge of the occurrence. Also see reporting requirements for municipalities in Part IV.C.2.c. of this permit.
10. Availability of Reports
Except for data determined to be confidential under NCGS 143-215.3 (a)(2) or Section 308' of the Federal Act, 33
USC 1318, all reports prepared in accordance with the terms shall be available for public inspection at the offices
of the Division. As required by the Act, effluent data shall not be considered confidential. Knowingly making any
false statement on any such report may result in the imposition of criminal penalties as provided for in NCGS 143-
215.1(b)(2) or in Section 309 of the Federal Act:
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11. Penalties for Falsification of Reports
The CWA provides that any person who knowingly makes any false statement, representation, or certification in
any record or other document submitted or required to be maintained under this permit, including monitoring
reports or reports of compliance or noncompliance shall, upon conviction, be punished by a fine of not more than
$25,000 per violation, or by imprisonment for not more than two years per violation, or by both [40 CFR 122.41].
12. Annual Performance Reports
Permittees who own or operate facilities that primarily collect or treat municipal or domestic wastewater and have
an average annual flow greater than 200,000 gallons per day shall provide an annual report to the Permit Issuing
Authority and to the users/customers served by the Permittee (NCGS 143-215.1C). The report shall summarize the
performance of the collection or treatment system, as well as the extent to which the facility was compliant with
applicable Federal or State laws, regulations and rules pertaining to water quality. The report shall be provided no
later than sixty days after the end of the calendar or fiscal year, depending upon which annual period is used for
evaluation.
The report shall be sent to:
NC DENR / Division of Water Resources / Water Quality Permitting Section
ATTENTION: Central Files
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
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PART III
OTHER REQUIREMENTS
Section A. Construction
a. The Permittee shall not commence construction of wastewater treatment facilities, nor add to the plant's treatment
capacity, nor change the treatment process(es) utilized at the treatment plant unless (1) the Division has issued an
Authorization to Construct (AtC) permit or (2) the Permittee is exempted from such AtC permit requirements
under Item b. of this Section.
b. In accordance with NCGS 143-215.1(a5) [SL 2011-394], no permit shall be required to enter into a contract for the
construction, installation, or alteration of any treatment work or disposal system or to construct, install, or alter any
treatment works or disposal system within the State when the system's or work's principle function is to conduct,
treat, equalize, neutralize, stabilize, recycle, or dispose of industrial waste or sewage from an industrial facility and
the discharge of the industrial waste or sewage is authorized under a permit issued for the discharge of the
industrial waste or sewage into the waters of the State. Notwithstanding the above, the permit issued for the
discharge may be modified if required by federal regulation.
c. Issuance of an AtC will not occur until Final Plans and Specifications for the proposed construction have been
submitted by the Permittee and approved by the Division.
Section B. Groundwater Monitoring
The Permittee shall, upon written notice from the Director, conduct groundwater monitoring as may be required to
determine the compliance of this NPDES permitted facility with the current groundwater standards.
Section C. Changes in Discharges of Toxic Substances
The Permittee shall notify the Permit Issuing Authority as soon as it knows or has reason to believe (40 CFR 122.42):
a. That any activity has occurred or will occur which would result in the discharge, on a routine or frequent basis, of
any toxic pollutant which is not limited in the permit, if that discharge will exceed the highest of the following
"notification levels";
(1) One hundred micrograms per liter (100 µg/L.);
(2) Two hundred micrograms per liter (200 µg/L) for acrolein and acrylonitrile; five hundred micrograms per liter
(500 µg/L) for 2,4-dinitrophenol and for 2-methyl-4,6-dinitrophenol; and one milligram per liter (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.
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PART IV
SPECIAL CONDITIONS FOR MUNICIPAL FACILITIES
Section A. Definitions
In addition to the definitions in Part II of this permit, the following definitions apply to municipal facilities:
Indirect Discharge or Industrial User
Any non -domestic source that discharges wastewater containing pollutants into a POTW regulated under section
307(b), (c) or (d) of the CWA. [40 CFR 403.3 (i) and 0) and 15A NCAC 02H .0903(b)(11)]
Interference
Inhibition or disruption of the POTW treatment processes; operations; or its sludge process, use, or disposal which
causes or contributes to a violation of any requirement of the Permittee's (or any satellite POTW's if different from the
Permittee) NPDES, collection system, or non -discharge permit or prevents sewage sludge use or disposal in
compliance with specified applicable State and Federal statutes, regulations, or permits. [15A NCAC 02H
.0903(b)(14)]
Pass Through
A discharge which exits the POTW into waters of the State in quantities or concentrations which, alone or with
discharges from other sources, causes a violation, including an increase in the magnitude or duration of a violation, of
the Permittee's (or any satellite POTW's, if different from the Permittee) NPDES, collection system, or non -discharge
permit. [15A NCAC 02H .0903(b)(23)]
Publicly Owned Treatment Works (POTW)
A treatment works as defined by Section 212 of the CWA, which is owned by a State or local government organization.
This definition includes any devices and systems used in the storage, treatment, recycling and reclamation of municipal
sewage or industrial wastes of a liquid nature. It also includes the collection system, as defined in 15A NCAC 2T
.0402, only if it conveys wastewater to a POTW treatment plant. The term also means the local government
organization, or municipality, as defined in section 502(4) of the CWA, which has jurisdiction over indirect discharges
to and the discharges from such a treatment works. In this context, the organization may be the owner of the POTW
treatment plant or the owner of the collection system into which an indirect discharger discharges. This second type of
POTW may be referred to as a "satellite POTW organization." [15A NCAC 02H .0903(b)(26)]
"Significant Industrial User" or "SIU"
An Industrial User that discharges wastewater into a publicly owned treatment works and that [15A NCAC 02H
.0903(b)(33)]:
1. Discharges an average of 25,000 gallons per day or more of process wastewater to the POTW (excluding sanitary,
noncontact cooling and boiler blowdown wastewaters); or
2. Contributes process wastewater which makes up five percent or more of the NPDES or non -discharge permitted
flow limit or organic capacity of the POTW treatment plant. In this context, organic capacity refers to BOD, TSS
and ammonia; or
3. Is subject to categorical standards under 40 CFR Part 403.6 and 40 CFR Parts 405-471; or
4. Is designated as such by the Permittee on the basis that the Industrial User has a reasonable potential for adversely
affecting the POTW's operation or for violating any pretreatment standard or requirement, or the POTW's effluent
limitations and conditions in its NPDES or non -discharge permit, or to limit the POTW's sludge disposal options;
5. Subject to approval under 15A NCAC 02H .0907(b), the Permittee may determine that an Industrial User meeting
the criteria in paragraphs 1 or 2 of this definition above has no reasonable potential for adversely affecting the
POTW's operation or for violating any pretreatment standard or requirement, the POTW's effluent limitations and
conditions in its NPDES or non -discharge permit, or to limit the POTW's sludge disposal options, and thus is not a
Significant Industrial User (SIU); or
6. Subject to approval under 15A NCAC 02H .0907(b), the Permittee may determine that an Industrial User meeting
the criteria in paragraph 3 of this definition above meets the requirements of 40 CFR Part 403.3 (v)(2) and thus is a
non -significant categorical Industrial User.
Section B. Publicly Owned Treatment Works (POTWs)
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All POTWs must provide adequate notice to the Director of the.following [40 CFR 122.42(b)]:'
1. Any new introduction of pollutants into the POTW from an indirect discharger, regardless of the means of
transport, which would be subject to section 301 or 306 of CWA if it were directly discharging those pollutants;
and
2. Any substantial change in the volume or character of pollutants being introduced by an indirect discharger as
influent to that POTW at the time of issuance of the permit.
3. For purposes of this paragraph, adequate notice shall include information on (1) the quality and quantity of effluent
introduced into the POTW, and (2) any anticipated impact that may result from the change of the quantity or
quality of effluent to be discharged from the POTW.
Section C. Municipal Control of Pollutants from Industrial Users.
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.
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 tim6'it is expected'to continue; and steps taken or planned to reduce,
eliminate, and prevent reoccurrence of the noncompliance,
Version 1110912011.1

1
NPDES Permit Standard Conditions
Page 16 of 18
3. With regard to the effluent requirements listed in Part I of this permit, it may be necessary for the Permittee to
supplement the requirements of the Federal Pretreatment Standards (40 CFR, Part 403) to ensure compliance by
the Permittee with all applicable effluent limitations. Such actions by the Permittee may be necessary regarding
some or all of the industries discharging to the municipal system.
4. The Permittee shall require any Industrial User (IU) discharging to the POTW to meet Federal Pretreatment
Standards developed under Section 307(b) of the Act as amended (which includes categorical standards and
specific local limits, best management practices and narrative requirements). Prior to accepting wastewater from
any Significant Industrial User (SIU), the Permittee shall either develop and submit to the Division a new
Pretreatment Program or, as necessary, a modification of an existing Pretreatment Program, for approval as
required under section D below as well as 15A NCAC 02H .0907(a) and (b). [40 CFR 122.440)(2)]
5. This permit shall be modified, or alternatively, revoked and reissued, to incorporate or modify an approved POTW
Pretreatment Program or to include a compliance schedule for the development of a POTW Pretreatment Program
as required under Section 402 (b)(8) of the CWA and implementing regulations or by the requirements of the
approved State pretreatment program, as appropriate.
Section D. Pretreatment Programs
Under authority of sections 307 (b) and (c) and 402(b)(8) of the CWA and implementing regulations 40 CFR 403,
North Carolina General Statute 143-215.3(14) and implementing regulations 15A NCAC 02H .0900, and in accordance
with the approved pretreatment program, all provisions and regulations contained and referenced in the pretreatment
program submittal are an enforceable part of this permit. [40 CFR 122.440)(2)]
The Permittee shall operate its approved pretreatment program in accordance with Section 402(b)(8) of the CWA, 40
CFR 403, 15A NCAC 02H .0900, and the legal authorities, policies, procedures, and financial provisions contained in
its pretreatment program submission and Division approved modifications thereof. Such operation shall include but is
not limited to the implementation of the following conditions and requirements. Terms not defined in Part II or Part IV
of this permit are as defined in 15A NCAC 02H .0903 and 40 CFR 403.3.
1. Sewer Use Ordinance (SUO)
The Permittee shall maintain adequate legal authority to implement its approved pretreatment program. [15A
NCAC 02H .0903(b)(32), .0905 and .0906(b)(1); 40 CFR 403.8(f)(1) and 403.9(b)(1) and (2)]
2. Industrial Waste Survey (IWS)
The Permittee shall implement an IWS consisting of the survey of users of the POTW collection system or
treatment plant, as required by 40 CFR 403.8(f)(2)(i-iii) and 15A NCAC 02H .0905 [also 40 CFR 122.440)(1)],
including identification of all Industrial Users that may have an impact on the POTW and the character and amount
of pollutants contributed to the POTW by these Industrial Users and identification of those Industrial Users
meeting the definition of SIU. Where the Permittee accepts wastewater from one or more satellite POTWs, the
IWS for the Permittee shall address all satellite POTW services areas, unless the pretreatment program in those
satellite service areas is administered by a separate Permittee with an approved Pretreatment Program. The
Permittee shall submit a summary of its IWS activities to the Division at least once every five years, and as
required by the Division. The IWS submission shall include a summary of any investigations conducted under
paragraph C.2.c. of this Part. [15A NCAC 02H .0903(b)(13), .0905 and .0906(b)(2); 40 CFR 403.8(f)(2) and 403.9]
3. Monitoring Plan
The Permittee shall implement a Division -approved Monitoring Plan for the collection of facility specific data to
be used in a wastewater treatment plant Headworks Analysis (HWA) for the development of specific pretreatment
local limits. Effluent data from the Plan shall be reported on the DMRs (as required by Parts II.D and II.E.S.). [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). [15ANCAC 02H .0903(b)(10), .0905, and
.0906(b)(4)]
5. Industrial User Pretreatment, Permits (IUP) & Allocation Tables
In accordance with NCGS143-215.1, the Permittee shall issue to all Significant Industrial Users, permits far
operation of pretreatment equipment and discharge to the Permittee's collection system or treatment works. These
permits shall contain limitations, sampling protocols, reporting requirements, appropriate standard and special
conditions; and compliance schedules as necessary for the installation of treatment and control technologies to
assure that their wastewater discharge will meet all applicable pretreatment standards and requirements. The
Permittee shall maintain a current Allocation Table (AT) which summarizes the results of the HWA and the limits
from all IU'Ps. Permitted IUP loadings for each parameter cannot exceed the treatment capacity of the POTW as
determined by the HWA.. [15A NCAC 02H .0906(b)(6), .0909, .0916, and .0917; 40 CFR 403.5, 403.8(f)(1)(iii);
NCGS 143-215.67(a)]
6. Authorization to Construct (AtC)
The. Permittee shall ensure that an Authorization to Construct permit (AtC) is issued to all applicable Industrial
Users for the construction or modification of any pretreatment facility. Prior to the issuance, of an AtC, the
proposed pretreatment facility and treatment process must be evaluated for its capacity to comply with all
Industrial User Pretreatment Permit (IUP) limitations. [15A NCAC 02H .0906(b)(7) and .0905; NCGS 143
215.1(a)(8)j
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 4033(v)(2), and either continue or revoke the designation as non-
significant.
8. IQ Self Monitoring and Reporting
The, Permittee shall require all Industrial Users to comply with the applicable monitoring and reporting
requirements outlined m the Division -approved pretreatmentprogram, the industry's pretreatment permit, or in 15A
NCAC 02H .0908_ [15A NCAC 02H .0906(b)(5) and .0905; 40 CFR 403.8(0(1)(y) 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 3'.07(b) and (c) of the C'WA (40 CFR 405 et.. seq.), prohibitive discharge standards
as, set forth in 40 CFR 403.5 and 15A NCAC 0211.0909, specific 'local limitations,, and other pretreatment
requirements. All;remedies, enforcement actions and other, shall be consistent with the Enforcement Response
Plan (ERP) approved by the Division. [15A NCAC 02H[ .0903(b)(7)„.0906(b)(8) and .0905; 40 CFR 403.8(f)(5)].
10. Pretreatment Annual Reports (PAR)
The Permittee shall report to the Division in accordance with 15A NCAC 02H .0908. In lieu of submitting annual
reports, .M.odified=Pretreatment Programs developed under 15A NCAC 02H .0904 (b) may be required to submit a
partial annual report or to meet with Division per periodically to discuss enforcement of pretreatment
requirements and other pretreatment implementation issues..
For all other active pretreatment ;programs, the Pennittee shall submit two copies of a Pretreatment Annual Report
(PA$) describing_ its pretreatment activities over, the previous calendar year to the Division at the following.
address: c
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 I of each year and shall contain the following:
a. Narrative
A narrative summary detailing actions taken, or proposed, by the Permittee to correct significant non-
compliance and to ensure compliance with pretreatment requirements;
b. Pretreatment Program SummgU (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 (lUs) 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
lUs 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;
1. Public Notice
The Permittee shall publish annually a list of Industrial Users (lUs) that were in significant noncompliance (SNC)
as defined in the Permittee's Division -approved Sewer Use Ordinance with applicable pretreatment requirements
and standards during the previous twelve month period. This list shall be published within four months of the
applicable twelve-month period. [15A NCAC 02H .0903(b)(34), .0908(b)(5) and .0905 and 40 CFR
403.8(f)(2)(viii)]
2. Record Keeping.
The Permittee shall retain for a minimum of three years records of monitoring activities and results, along with
supportinformation including general records, water quality records, and records of industrial impact on�the
POTW and shall retain all other Pretreatment Program records as required by 15A NCAC 02H .0908(i). [15A
NCAC 02H .0908(f); 40 CFR 403.12(o)]!
3. Pretreatment Program Resources
The Permittee shall maintain adequate funding and qualified personnel to accomplish the objectives of its approved
pretreatment program. and retain a written description of those current levels of inspection. [15A NCAC 02H
.0906(b)(9) and (10) and _0905; 40 CFR 403.8(f)(3),, 403.9(b)(3)]
.4. Modification to Pretreatment Pro rg ams
Modifications to the approved pretreatment program including but. not limited to local limits modifications, POTW
monitoring of their Significant Industrial Users (SIUs), and Monitoring Plan modifications, shall be considered a
permit modification and shall be governed by 40 CFR 403.18, 15 NCAC 02H .0114 and 15A NCAC 02H ,0907.
Version 1110912011.1

. . NCDENR
North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
Ross Adickman
French Broad .River Group of NC LLP
Riverview Deleopment WWTP
2400 NE 2nd Avenue Studio B
Miami, FL 33137
Dear Permittee:
Donald R. van der Vaart
Secretary
April 29, 2015
Subject: Acknowledgement of Permit Renewal
Permit NCO088757
Buncombe County
The NPDES Unit received your pen -nit renewal application on April 28, 2015. A member of the
NPDES Unit will review your application. They will contact you if additional information is required to
complete your permit renewal. You should expect to receive a draft permit approximately 30-45 days
before your existing pennit expires.
If you have any additional questions concerning renewal of the subject permit, please contact Maureen
Kinney [phone].
Sincerely,
W ire AI Tltieotfbro�
Wren Thedford
Wastewater Branch
cc: Central Files
Ashelfie RegionaLOffice
NPDES Unit
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:: www.ncwater.org
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t a\�eC�`��oe/
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An Equal Oppoaunity\Affirmative Action Employer

NPDES APPLICATION - FORM D
a For privately -owned treatment systems treating 100% domestic wastewaters <1.0 MGD
Mail the complete application to:
N. C. DENR / Division of Water Resources / NPDES Program RECEIVENDEN
1617 Mail Service Center, Raleigh, NC 27699-1617 ®wR
NPDES Permit CO® S'APR 2 8 2015
If you are completing this form in computer use the TAB key or the up - down arrows to rr rl �y
field to the next. To check the boxes, click your mouse on top of the box. Otherwise, please print o10
rAlon
1. Contact Information:
Owner Name F 6aJC 14 R R 1 V t5k, &PO L/ P e� W C L�_r
Facility Name jA1k/ _7_P
Mailing Address :zq O® N,E 2 liven ue, j,7jb, e
City M i A M l
State / Zip Code is,-7
Telephone Number
Fax Number ( 9o57) 3 i -° 1-7 7
e-mail Address f,�o S5, f{ Dl C K674fJ � AM 1 4116 J• tt S
2. Location of facility producing discharge: A2/4 pI a P4aic.
Check here if same address as above ❑
Street Address or State Road
City
State / Zip Code
County 5 V r1%ef-om 61 =I-
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 ORQ
Name
Mailing Address
City
State / Zip Code
Telephone Number ( )
Fax Number ( )
e-mail Address
1 of 3 Form-D 9/2013

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 Students/Staff
Other ❑ Explain:
Describe the source(s) of wastewater (example: subdivision, mobile home park, shopping centers,
restaurants, etc.):
Number of persons served:
5. Type of collection system
❑ Separate (sanitary sewer only) ❑ Combined (storm sewer and sanitary sewer) / v
6. Outfall Information:
Number of separate discharge points
Outfall Identification number(s) A) /19
Is the outfall equipped with a diffuser? ❑ Yes ❑ No
7. Name of receiving stream(s) (NEW applicants: Provide a map showing the exact location of each
outfall):
S. Frequency of Discharge: ❑
If intermittent:
Days per week discharge occurs:
Continuous
❑ Intermittent
Duration: /V i
1-7
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.
N/
2 of 3 Form-D 9/2013

NPDES APPLICATION - FORM D
For privately -owned treatment systems treating 100% domestic wastewaters <1.0 MGD
10. Flow Information:
Treatment Plant Design flow MGD
Annual Average daily flow MGD (for the previous 3 years)
Maximum daily flow MGD (for the previous 3 years)
7 11. Is this facility located on Indian country?
❑ Yes ArNo
12. Effluent Data
1VEW APPLICANTS: Provide data for the parameters listed. Fecal Coliform, Temperature and pH shall be grab
samples, for all other parameters 24-hour composite sampling shall be used. If more than one analysis is reported,
report daily maximum and monthly average. If only one analysis is reported, report as daily maximum.
RENEWAL APPLICANTS: Provide the highest single reading (Daily Maximum) and Monthly Average over
the past 36 months for parameters currentlu in uour nermit_ Mnrk nthpr nnrnmptprc "N1 A"
Parameter
Daily
Maximum
Monthly
Average
Units of
Measurement
Biochemical Oxygen Demand (BOD5)
Fecal Coliform
Total Suspended Solids
Temperature (Summer)
Temperature (Winter)
pH
13. List all permits, construction approvals and/or applications:
Type Permit Number Type Permit Number
Hazardous Waste (RCRA) NESHAPS (CAA)
UIC (SDWA) Ocean Dumping (MPRSA)
NPDES c.e 75'-9 Dredge or fill (Section 404 or CWA)
T
PSD (CAA) Other
Non -attainment program (CAA)
14. APPLICANT CERTIFICATION
I certify!
I am familiar with the information contained in the application and that to the
best of m nowledge and belief such information is true, complete, and accurate.
14b l Awg1 r 64-� Alv�
PrinX $ name of Perso0igning Title
of
North Carolina General Statute 143-215.6 (b)(2) states: Any person who knowingly makes any false statement representation, or certification in any
application, record, report, plan, or other document files or required to be maintained under Article 21 or regulations of the Environmental Management
Commission implementing that Article, or who falsifies, tampers with, or knowingly renders inaccurate any recording or monitoring device or method
required to be operated or maintained under Article 21 or regulations of the Environmental Management Commission implementing that Article, shall be
guilty of a misdemeanor punishable by a fine not to exceed $25,000, or by imprisonment not to exceed six months, or by both. (18 U.S.C. Section 1001
provides a punishment by a fine of not more than $25,000 or imprisonment not more than 5 years, or both, for a similar offense.)
3 of 3 Form-D 9/2013

4/14/2015 NCDENR - Minor Facility Map
NC Department of Environment and Natural Resources
Water Quality -Minor Facility Map
NPDES Wastewater:: Minor Facility Map [.Feedback ]
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Permit Number • ! NC0088757 Search
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4/14/2015 NCDENR - Minor Facility Map
NPDES Wastewater Minor Facilities�T$,L
,. ,•. wr <' ' ffr° ,cTB ,Y Fi;'�.�'tcllE°( Show Counties a a r r t{ t+ y r
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N.C. Department of Environment and Natural Resources
1601 Mail Service Center, Raleigh, NC 27699-1601
Headquarters (Environment and Natural Resources Building): 217 W. Jones St.
Archdale Building: 512 N. Salisbury St. RMIERRA
Toll Free: [phone]
http://portal . nedenr. org&vebhvgtnpdes-m i nor-faci I ity-map
919

Permit Owner Facility County
NC0088757 French Broad River Group of NC, LLP Riverview Development WWTP Buncombe

Issued Expires Flow Pre? Subbasin Receiving Stream
10/5/2010 10/31/2015 50000 None 04-03-02 FRENCH BROAD RIVER

ned
Class Applied Drafted Noticed
Asheville maureen.kinney 100% Domestic < 1 MG Minor 3/22/2010 8/12/2010 8/20/2010

April 24, 2015
N.C. DENR
Division of Water Resources
NPDES Program
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
RE NPDES APPLICATION — FORM D Permit No. 88757
To whom it may concern;
APR 2 2015
!later Quality
Permfiting Sedlon
French Broad River Group of NC LLP is requesting to renew our permit NPDES #88757 which will expire
10-31-15. There have been no changes since the issuance of the last permit. There is no wastewater
facility at our location.
Since y
i
Ross Adickman
French Broad River Group of NC LLP
2400 NE 2"d Avenue
Miami, Florida 33137
305-573-8030
Ross.adickman@amicon. us

April 24, 2015
N.C. DENR
Division of Water Resources
NPDES Program
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
RE NPDES APPLICATION — FORM D Permit No. 88757 French Broad River Group LLC
To whom it may concern;
There is no wastewater facility at our location. There is no narrative description of the sludge
manag/ment plan at this point.
Singyrely,
Adickman
French Broad River Group of NC LLP
2400 NE 2"d Avenue
Miami, Florida 33137
305-573-8030
Ross.adickman@amicon. us

April 24, 2015
N.C. DENR
Division of Water Resources
NPDES Program
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
RE NPDES APPLICATION — FORM D Permit No. 88757
To whom it may concern;
RECEIVEDIDENRIDWR
APR 2 6*2015
Water Quality
Permitting Section
French Broad River Group of NC LLP is requesting to renew our permit NPDES #88757 which will expire
10-31-15. There have been no changes since the issuance of the last permit. There is no wastewater
facility at our location.
/nce
Ross Adickman
French Broad River Group of NC LLP
2400 NE 2"d Avenue
Miami, Florida 33137
305-573-8030
Ross.adickman@amicon. us

a
April 24, 2015
N.C. DENR
Division of Water Resources
NPDES Program
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
RE NPDES APPLICATION — FORM D Permit No. 88757 French Broad River Group LLC
To whom it may concern;
There is no wastewater facility at our location. There is no narrative description of the sludge
managRfnent plan at this point.
Sin rely,
loss Adickman
French Broad River Group of NC LLP
2400 NE 2"d Avenue
Miami, Florida 33137
305-573-8030
Ross.adickman@amicon, us

NPDES APPLICATION - FORM D
For privately -owned treatment systems treating 100% domestic wastewaters <
Mail the complete application to: ME�IVED/ M
N. C. DENR / Division of Water Resources / NPDES Program
1617 Mail Service Center, Raleigh, NC 27699-1617 APR 2 2015
NPDES Permit 0000 66F= Water Quality
permitting Section
If you are completing this form in computer use the TAB key or the up — down arrows to moue 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
Mailing Address
F96)Jc14 P('ogb Rives &Roue o;wC I
PVA -r-F>
Zq oo NE 2' ° ve,a u 5'7� a
City /'�') i A M I
State / Zip Code Low ,
Telephone Number
Fax Number (9 p5-) 3 9 -I — ('j 1., 7
e-mail Address f?o S5 • 7Q 1►'1 I Gb/J • l.0 S
2. Location of facility producing discharge: A2 / f,Of �c1 a P9f aic ; r
Check here if same address as above ❑
Street Address or State Road
City
State / Zip Code
County
3. Operator Information:
Name of the firm, public organization /Orier entity that operates the facility. (Note that this is not
referring to the Operator in Responsible Charge or ORC)
Name
Mailing Address
City J Ltq
State / Zip Code
Telephone Number ( )
Fax Number ( )
e-mail Address
1 of 3 Form-D 9/2013

NPDES APPLICATION - FORM D
For privately -owned treatment systems treating 100% domestic wastewaters <1.0 MGD
4. Description of wastewater:
RECEIVED/DENRIDWR
Facility Generating
Wastewater(check all that apply):
f APR ��2015
Industrial
El
Number of Employees
�
Commercial
ElNumber
of Employees
Water Qualify
emiftting Section
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.):
Number of persons served:
5. Type of collection system ,� `
❑ Separate (sanitary sewer only) ❑ Combined (storm sewer and sanitary sewer) / v `/J,9
6. Outfall Information:
Number of separate discharge points
Outfall Identification number(s) /�) f
Is the outfall equipped with a diffuser? ❑ Yes ❑ No
7. Name of receiving stream(s) (1V W applicants: Provide a map showing the exact location of each
outfall):
8. Frequency of Discharge: ❑ Continuous ❑ Intermittent
If intermittent: N
Days per week discharge occurs: Duration:
9. Describe the treatment system
List all installed components, including capacities, provide design removal forBOD, TSS, nitrogen and
phosphorus. If the space provided is not sufficient, attach the description of the treatment system in a
separate sheet of paper. )
2 of 3 Form-D 9/2013

NPDES APPLICATION - FORM D
For privately -owned treatment systems treating 100% domestic wastewaters <1.0 MGD
10. Flow Information:
Treatment Plant Design flow 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 country?
❑ Yes Al -"No
12. Effluent Data
NEW APPLICANTS: Provide data for the parameters listed. Fecal Coliform, Temperature and pH shall be grab
samples, for all other parameters 24-hour composite sampling shall be used. If more than one analysis is reported,
report daily maximum and monthly average. If only one analysis is reported, report as daily maximum.
RENEWAL APPLICANTS: Provide the highest single reading (Daily Maximum) and Monthly Average over
the past 36 months for parameters currentl in our ermit. Mark other parameters "N/A".
Parameter
Daily
Maximum
Monthly
Average
Units of
Measurement
Biochemical Oxygen Demand (BOD5)
Fecal Colifonn
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 C-0 a 0,� 7 Dredge or fill (Section 404 or CWA)
PSD (CAA) Other
Non -attainment program (CAA)
Permit Number
14. APPLICANT CERTIFICATION
I certify tha I am familiar with the information contained in the application and that to the
best of my nowledge and belief such information is true, complete, and accurate.
,5 �l�/CA4�Pj J3� Ally
of
of
Title
North Carolina General Statute 143-215.6 (b)(2) states: Any person who knowingly makes any false statement representation, or certification in any
application, record, report, plan, or other document files or required to be maintained under Article 21 or regulations of the Environmental Management
Commission implementing that Article, or who falsifies, tampers with, or knowingly renders inaccurate any recording or monitoring device or method
required to be operated or maintained under Article 21 or regulations of the Environmental Management Commission implementing that Article, shall be
guilty of a misdemeanor punishable by a fine not to exceed $25,000, or by imprisonment not to exceed six months, or by both. (18 U.S.C. Section 1001
provides a punishment by a fine of not more than $25,000 or imprisonment not more than 5 years, or both, for a similar offense.)
Form-D 9/2013

4/14/2015
NCDENR - Minor Facility Map
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Permit No.: NCO088757 Original Permit Issuance: Jun 25, 2008
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NCDENR - Minor Facility Map
N.C. Department of Environment and Natural Resources
1601 Mail Service Center, Raleigh, NC 27699-1601
Headquarters (Environment and Natural Resources Building): 217 W. Jones St.
Archdale Building: 512 N. Salisbury St
Toll Free: [phone]
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212

Permit Owner Facility County
NC0088757 French Broad River Group of NC, LLP Riverview Development WWTP Buncombe

Issued Expires Flow Pre? Subbasin Receiving Stream
10/5/2010 10/31/2015 50000 None 04-03-02 FRENCH BROAD RIVER

on Assigned
Asheville maureen.kinney
Class Applied Drafted Noticed
Domestic < 1 MGD Minor 3/22/2010

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins
Governor Director
October 5, 2010
Mr. Adam Mopsick
Manager
French Broad River Group of N.C.
2400 N.E. 2nd Ave., Studio B
Miami, Florida 33137
Subject: NPDES PERMIT ISSUANCE
Permit Number NCO088757
Riverview Development WWTP
Buncombe County
Dear Mr. Mopsick:
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, of 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, I i
1I J
HIT 1 4 "'10
?Director,
. Sullins �,;;, ,.,_i cIF,LIT\rs;_r-ric'N
Division of Water Quality =
cc: Central Files
NPDES Unit Files
eville.Regiorial�Office�:��
1617 Mail Service Center, Raleigh, North Carolina 27699-1617 One
Location: 512 N. Salisbury St. Raleigh, North Carolina 27604 NOiCI1Cai OIlI1a
Phone: [phone] FAX: [phone] Customer Service: 1-877-623-6748 Internet: http://portal.ncdenr.org/web/wq/home ;VatllL qlllf
�/
An Equal Opportunity 1 Affirmative Action Employer

Permit NC0088757
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, the.
French Broad River Group of NC, LLP
is hereby authorized to discharge wastewater from a facility located at the
Riverview Development WWTP
525 Old Marshall Highway
Alexander
Buncombe County
to receiving waters designated as the 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, 111 and IV hereof.
This permit shall become effective November 1, 2010.
This permit and authorization to discharge shall expire at midnight on October 31, 2015.
Signed this day October 5, 2010.
` oleen H. Sullins, Director
Division of Water Quality
By Authority of the Environmental Management Commission

Permit NCO088757
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.
The French Broad River Group of NC, LLP is hereby authorized to:
1. After receiving an Authorization to Construct permit from the Division, construct wastewater
treatment facilities not to exceed 0.05 MGD design flow. This treatment facility will be located at
the Riverview Development WWTP off the Old Marshall Highway near Alexander in Buncombe
County
2. After submitting an Engineer's Certification, operate a 0.05 MGD package plant with a discharge at
the location specified on the attached map into the French Broad River, currently a class B water in
subbasin 04-03-02 of the French Broad River Basin.

Y�
DISCHARGE
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Permit NCO088757
A. (1) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS _
During the period beginning upon completion of the construction of WWTP and lasting until
October 31, 2015, the Permittee is authorized to discharge from outfall 001. Such discharges shall be
limited and monitored by the Permittee as specified below:
PARAMET1ER
; '; LIMITS,. +`
1VIONITORING REQUIREMENTS
Monthly
Daily
Measurement
Sample
Sample
Parameter Code
" Average :
Maximum :
`` Frequency,,
Type ,'
Location
Flow
0.05 MGD
Continuous
Recording
Influent or
50050
Effluent
BOD, 5-day (20°C)
30.0 mg/L
45.0 mg/L
Weekly
Composite
Effluent
00310
Total Suspended Solids
30.0 mg/L
45.0 mg/L
Weekly
Composite
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
pH
not less than 6.0 nor more than
Weekly
Grab
Effluent
00400
9.0 standard units
Total Nitrogen
Semi -Annual
Composite
Effluent
00600
Total Phosphorus
Semi -Annual
Composite
Effluent
00665
Temperature (°C)
Weekly
Grab
Effluent
00010
Footnotes:
1. Limit and monitoring applies only if chlorine is added for disinfection. The Permittee shall report
all effluent TRC values reported by a NC -certified laboratory [including field -certified]. Effluent
values below 50 µg/L will be treated as zero for compliance purposes.
THERE SHALL BE NO DISCHARGE OF FLOATING SOLIDS OR VISIBLE FOAM IN OTHER THAN TRACE AMOUNTS

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
Version 712009

NPDES 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 volume: a series of grab samples of equal volume collected over a 24-hour period at
a constant time interval. Use of this method requires prior approval by the Director. This method
may only be used in situations where effluent flow rates vary less than 15 percent. The following
restrictions also apply:
➢ Influent and effluent grab samples shall be of equal size and of no less than 100 milliliters
➢ Influent samples shall not be collected more than once per hour.
➢ Permittees with wastewater treatment systems whose detention time < 24 hours shall collect effluent
grab samples at intervals of no greater than 20 minutes apart during any 24-hour period.
➢ Permittees with wastewater treatment systems whose detention time exceeds 24 hours shall collect
effluent grab samples at least every six hours; there must be a minimum of four samples during a 24-hour
sampling period.
Continuous flow measurement
Flow monitoring that occurs without interruption throughout the operating hours of the facility. Flow shall be
monitored continually except for the infrequent times when there may be no flow or for infrequent maintenance
activities on the flow device.
Daily Discharge
The discharge of a pollutant measured during a calendar day or any 24-hour period that reasonably represents the
calendar day for purposes of sampling. For pollutants measured in units of mass, the "daily discharge" is calculated as
the total mass of the pollutant discharged over the day. The "daily discharge" concentration comprises the mean
concentration for a 24-hour sampling period as either a composite sample concentration or the arithmetic mean of all
grab samples collected during that period. (40 CFR 122.2)
Daily Maximum
The highest "daily discharge" during the calendar month.
Daily Sampling
Parameters requiring daily sampling shall be sampled 5 out of every 7 days per week unless otherwise specified in the
permit. Sampling shall be conducted on weekdays except where holidays or other disruptions of normal operations
prevent weekday sampling. If sampling is required for all seven days of the week for any permit parameter(s), that
requirement will be so noted on the Effluent Limitations and Monitoring Page(s).
DWQ or "the Division"
The Division of Water Quality, Department of Environment and Natural Resources.
EMC
The North Carolina Environmental Management Commission.
EPA
The United States Environmental Protection Agency
Facility Closure
Cessation of all activities that require coverage under this NPDES permit. Completion of facility closure will allow
this permit to be rescinded.
Geometric Mean
The Nth root of the product of the individual values where N = the number of individual values. For purposes of
calculating the geometric mean, values of "0" (or "< [detection level]'D shall be considered = 1.
Version 712009

NPDES 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 under 40 CFR Part 116 pursuant to Section 311 of the CWA.
Instantaneous flow measurement
A measure of flow taken at the time of sampling, when both the sample and flow will be representative of the total
discharge.
Monthly Average (concentration limit) .
The arithmetic mean of all "daily discharges" of a pollutant measured during the calendar month. In the case of fecal
coliform, the geometric mean of such discharges.
Permit Issuing Authority
The Director of the Division of Water Quality.
Quarterly Average (concentration limits
The average of all samples taken over a calendar quarter.
Severe property damage
Substantial physical damage to property, damage to the treatment facilities which causes them to become inoperable,
or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a
bypass. Severe property damage excludes economic loss caused by delays in production.
Toxic Pollutant.
Any pollutant listed as toxic under Section 307(a)(1) of the CWA.
Upset
An incident beyond the reasonable control of the Permittee causing unintentional and temporary noncompliance with
permit effluent limitations and/or monitoring requirements. An upset does not include noncompliance caused by
operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive
maintenance, or careless or improper operation.
Weekly Average (concentration limit)
The arithmetic mean of all "daily discharges" of a pollutant measured during the calendar week. In the case of fecal
coliform, the geometric mean of such discharges.
Section B. General Conditions
1. Duty to Comply
The Permittee must comply with all conditions of this permit. Any permit noncompliance constitutes a violation
of the CWA and is grounds for enforcement action; for permit termination, revocation and reissuance, or
modification; or denial of a permit renewal application [40 CFR 122.41].
a. The Permittee shall comply with effluent standards or prohibitions established under section 307(a) of the
CWA for toxic pollutants and with standards for sewage sludge use or disposal established under section
405(d) of the CWA within the time provided in the regulations that establish these standards or prohibitions
or standards for sewage sludge use or disposal, even if the permit has not yet been, modified to incorporate
the requirement.
Version 712009

NPDES Permit Standard Conditions
Page 4 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 negligently violates sections 301, 302, 306, 307, 308, 318, or 405 of the
Act, or any condition or limitation implementing any of such sections in a permit issued under section 402 of
the Act, or any requirement imposed in a pretreatment program approved under section 402(a)(3) or
402(b)(8) of the Act, is subject to criminal penalties of $2,500 to $25,000 per day of violation, or
imprisonment of not more than 1 year, or both. In the case of a second or subsequent conviction for a
negligent violation, a person shall be subject to criminal penalties of not more than $50,000 per day of
violation, or by imprisonment of not more than 2 years, or both. [33 USC 1319 (c) (1) and 40 CFR 122.41 (a)
(2)]
d. Any person who knowing violates such sections, or such conditions or limitations is subject to criminal
penalties of $5,000 to $50,000 per day of violation, or imprisonment for not more than 3 years, or both. In
the case of a second or subsequent conviction for a knowing violation, a person shall be subject to criminal
penalties of not more than $100,000 per day of violation, or imprisonment of not more than 6 years, or both.
[33 USC 1319 (c) (2) and 40 CFR 122.41 (a) (2)]
e. Any person who knowingly violates section 301, 302, 303, 306, 307, 308, 318 or 405 of the Act, or any permit
condition or limitation implementing any of such sections in a permit issued under section 402 of the Act,
and who knows at that time that he thereby places another person in imminent danger of death or serious
bodily injury, shall, upon conviction, be subject to a fine of not more than $250,000 or imprisonment of not
more than 15 years, or both. In the case of a second or subsequent conviction for a knowing endangerment
violation, a person shall be subject to a fine of not more than $500,000 or by imprisonment of not more than
30 years, or both. An organization, as defined in section 309(c)(3)(B)(iii) of the CWA, shall, upon conviction
of violating the imminent danger provision, be subject to a fine of not more than $1,000,000 and can be fined
up to $2,000,000 for second or subsequent convictions. [40 CFR 122.41 (a) (2)]
f. Under state law, a civil penalty of not more than $25,000 per violation may be assessed against any person
who violates or fails to act in accordance with the terms, conditions, or requirements of a permit. [North
Carolina General Statutes § 143-215.6A]
g. Any person may be assessed an administrative penalty by the Administrator for violating section 301, 302,
306, 307, 308, 318 or 405 of this Act, or any permit condition or limitation implementing any of such
sections in a permit issued under section 402 of this Act. Administrative penalties for Class I violations are
not to exceed $16,000 per violation, with the maximum amount of any Class I penalty assessed not to exceed
$37,500. Penalties for Class II violations are not to exceed $16,000 per day for each day during which the
violation continues, with the maximum amount of any Class II penalty not to exceed $177,500. [33 USC 1219
(g) (2) and 40 CFR 122.41 (a) (3)]
2. Duty to Mitigate
The Permittee shall take all reasonable steps to minimize or prevent any discharge or sludge use or disposal in
violation of this permit with a reasonable likelihood of adversely affecting human health or the environment [40
CFR 122.41 (d)].
3. Civil and Criminal Liability
Except as provided in permit conditions on 'Bypassing" (Part II. C. 4), "Upsets" (Part II. C. 5) and "Power
Failures" (Part II. C. 7), nothing in this permit shall be construed to relieve the Permittee from any
responsibilities, liabilities, or penalties for noncompliance pursuant to NCGS 143-215.3, 143-215.6 or Section 309
Version 712009

NPDES Permit Standard Conditions
Page 5 of 18
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
6. Onshore or Offshore Construction
This permit does not authorize or approve the construction of any onshore or offshore physical structures or
facilities or the undertaking of any work in any navigable waters.
7. Severability
The provisions of this permit are severable. If any provision of this permit, or the application of any provision of
this permit to any circumstances, is held invalid, the application of such provision to other circumstances, and the
remainder of this permit, shall not be affected thereby [NCGS 150B-23].
8. Duty to Provide Information
The Permittee shall finish 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
9. Duty to Reapply
If the Permittee wishes to continue an activity regulated by this permit after the expiration date of this permit, the
Permittee must apply for and obtain a new permit [40 CFR 122.41 (b)].
10. Expiration of Permit
The Permittee is not authorized to discharge after the expiration date. In order to receive automatic
authorization to discharge beyond the expiration date, the Permittee shall submit such, information, forms, and
fees as are required by the agency authorized to issue permits no later than 180 days prior to the expiration date.
Any Permittee that has not requested renewal at least 180 days prior to expiration, or any Permittee that does not
have a permit after the expiration and has not requested renewal at least 180 days prior to expiration, will subject
the Permittee to enforcement procedures as provided in NCGS 143-215.6 and 33 USC 1251 et. seq.
11.. Sien�ato_ry 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) Fora corporation: by a responsible corporate officer. For the purpose of this Section, a responsible
corporate officer means: (a) a president, secretary, treasurer or vice president of the corporation in
charge of a principal business function, or any other person who performs similar policy or decision
making functions for the corporation, or (b) the manager of one or more manufacturing, production, or
operating facilities, provided, the manager is authorized to make management decisions which govern the
operation of the regulated facility including having the explicit or implicit duty of making major capital
investment recommendations, and initiating and directing other comprehensive measures to assure long
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term environmental compliance with environmental laws and regulations; the manager can ensure that
the necessary systems are established or actions taken to gather complete and accurate information for
permit application requirements; and where authority to sign documents has been assigned or delegated
to the manager in accordance with corporate procedures .
(2) For a partnership or sole proprietorship: by a general partner or the proprietor, respectively; or
(3) For a municipality, State, Federal, or other public agency: by either a principal executive officer or
ranking elected official [40 CFR 122.22].
b. All reports required by the permit and other information requested by the Permit Issuing Authority shall be
signed by a person described in paragraph a. above or by a duly authorized representative of that person. A
person is a duly authorized representative only i£
1. The authorization is made in writing by a person described above;
2. The authorization specified either an individual or a position having responsibility for the overall
operation of the regulated facility or activity, such as the position of plant manager, operator of a well or
well field, superintendent, a position of equivalent responsibility, or an individual or position having
overall responsibility for environmental matters for the company. (A duly authorized representative may
thus be either a named individual or any individual occupying a named position.); and
3. The written authorization is submitted to the Permit Issuing Authority [40 CFR 122.22]
c. Changes to authorization: If an authorization under paragraph (b) of this section is no longer accurate
because a different individual or position has responsibility for the overall operation of the facility, a new
authorization satisfying the requirements of paragraph (b) of this section must be submitted to the Director
prior to or together with any reports, information, or applications to be signed by an authorized
representative [40 CFR 122.22]
d. Certification. Any person signing a document under paragraphs a. or b. of this section shall make the
following certification [40 CFR 122.22]. NO OTHER STATEMENTS OF CERTIFICATION WILL BE
ACCEPTED:
"I certify, under penalty of law, that this document and all attachments were prepared under my direction or
supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate
the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons
directly responsible for gathering the information, the information submitted is, to the best of my knowledge and
belief, true, accurate, and complete. 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 (0].
13. Permit Modification, Revocation and Reissuance, or Termination
The issuance of this permit does not prohibit the permit issuing authority from reopening and modifying the
permit, revoking and reissuing the permit, or terminating the permit as allowed by the laws, rules, and regulations
contained in Tide 40, Code of Federal Regulations, Parts 122 and 123; Title 15A of the North Carolina
Administrative Code, Subchapter 2H.0100; and North Carolina General Statute 143-215.1 et. al.
14. Annual Administering and Compliance Monitoring Fee Requirements
The Permittee must pay the annual administering and compliance monitoring fee within thirty days after being
billed by the Division. Failure to pay the fee in a timely manner in accordance with 15A NCAC 2H.0105 (b) (2)
may cause this Division to initiate action to revoke the permit.
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Section C. Operation and Maintenance of Pollution Controls
Certified Operator
Upon classification of the permitted facility by the Certification Commission," the Permittee shall employ a
certified water pollution control treatment system operator in responsible charge (ORC) of the water pollution
control treatment system. Such operator must hold a certification of the grade equivalent to or greater than the
classification assigned to the water pollution control treatment system by the Certification Commission. The
Permittee must also employ one or more certified Back-up ORCs who possess a currently valid certificate of the
type of the system. Back-up ORCs must possess a grade equal to (or no more than one grade less than) the grade
of the system [15A NCAC 8G.0201].
The ORC of each Class I facility must:
➢ Visit the facility as often as is necessary to insure proper operation of the treatment system; the treatment
facility must be visited at least weekly
➢ Comply with all other conditions of 15A NCAC 8G.0204.
The ORC of each Class II, III and IV facility must:
➢ Visit the facility as often as is necessary to insure proper operation of the treatment system; the treatment
facility must be visited at least five days per week, excluding holidays
➢ Properly manage and document daily operation and maintenance of the facility
➢ Comply with all other conditions of 15A NCAC 8G.0204.
Once the facility is classified, the Permittee shall submit a letter to the Certification Commission designating the
operator in responsible charge:
a. Within 60 calendar days prior to wastewater being introduced into a new system
b. Within 120 calendar days of
➢ Receiving notification. of a change in the classification of the system requiring the designation of a
new ORC and back-up ORC
➢ A vacancy in the position of ORC or back-up ORC.
2. Proper Operation and Maintenance
The Permittee shall at all times provide the operation and maintenance resources necessary to operate the existing
facilities at optimum efficiency. The Permittee shall at all times properly operate and maintain all facilities and
systems of treatment and control (and related appurtenances) which are installed or used by the Permittee to
achieve compliance with the conditions of this permit. Proper operation and maintenance also includes adequate
laboratory controls and appropriate quality assurance procedures. This provision requires the Permittee to install
and operate backup or auxiliary facilities only when necessary to achieve compliance with the conditions of the
permit [40 CFR 122.41 (e)].
NOTE: Properly and officially designated operators are fully responsible for all proper operation and
maintenance of the facility, and all documentation required thereof, whether acting as a contract operator
[subcontractor] or a member of the Permittee's staff.
3. Need to Halt or Reduce not a Defense
It shall not be a defense for a Permittee in an enforcement action that it would have been necessary to halt or
reduce the permitted activity in order to maintain compliance with the condition of this permit [40 CFR 122.41
(c)]
4. Bypassing of Treatment Facilities
a. Bypass not exceeding limitations [40 CFR 122.41 (m) (2)]
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The Permittee may allow any bypass to occur which does not cause effluent limitations to be exceeded, but
only if it also is for essential maintenance to assure efficient operation. These bypasses are not subject to the
provisions of Paragraphs b. and c. of this section.
b. Notice [40 CFR 122.41 (m) (3)]
(1) Anticipated bypass. If the Permittee knows in advance of the need for a bypass, it shall submit prior
notice, if possible at least -ten days before the date of the bypass; including an evaluation of the
anticipated quality and effect of the bypass.
(2) Unanticipated bypass. The Permittee shall submit notice of an unanticipated bypass as required in Part
II. E. 6. (24-hour notice).
c. Prohibition of Bypass
(1) Bypass from the treatment facility is prohibited and the Permit Issuing Authority may take enforcement
action against a Permittee for bypass, unless:
(A) Bypass was unavoidable to prevent loss of life, personal injury or severe property damage;
(B) There were no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities,
retention of untreated wastes or maintenance during normal periods of equipment downtime. This
condition is not satisfied if adequate backup equipment should have been installed in the exercise of
reasonable engineering judgment to prevent a bypass which occurred during normal periods of
equipment downtime or preventive maintenance; and
(C) The Permittee submitted notices as required under Paragraph b. of this section.
(2) Bypass from the collection system is prohibited and the Permit Issuing Authority may take enforcement
action against a Permittee for a bypass as provided in any current or future system -wide collection system
permit associated with the treatment facility.
(3) The Permit Issuing Authority may approve an anticipated bypass, after considering its adverse effects, if
the Permit Issuing Authority determines that it will meet the three conditions listed above in Paragraph c.
(1) of this section.
5. U12sets
a. Effect of an upset [40 CFR 122.41 (n) (2)]: An upset constitutes an affirmative defense to an action
brought for noncompliance with such technology based permit effluent limitations if the requirements of
paragraph b. of this condition are met. No determination made during administrative review of claims that
noncompliance was caused by upset, and before an action for noncompliance, is final administrative action
subject to judicial review.
b. Conditions necessary for a demonstration of upset: Any Permittee who wishes to establish the
affirmative defense of upset shall demonstrate, through properly signed, contemporaneous operating logs, or
other relevant evidence that:
(1) An upset occurred and that the Permittee can identify the cause(s) of the upset;
(2) The Permittee facility was at the time being properly operated; and
(3) The Permittee submitted notice of the upset as required in Part II. E. 6. (b) of this permit.
(4) The Permittee complied with any remedial measures required under Part II. B. 2. of this permit.
c. Burden of proof [40 CFR 122.41 (n) (4)]: The Permittee seeking to establish the occurrence of an upset
has the burden of proof in any enforcement proceeding.
6. Removed Substances
Solids, sludges, filter backwash, or other pollutants removed in the course of treatment or control of wastewaters
shall be utilized/disposed of in accordance with NCGS 143-215.1 and in a manner such as to prevent any pollutant
from such materials from entering waters of the State or navigable waters of the United States. The Permittee
shall comply with all existing Federal regulations governing the disposal of sewage sludge. Upon promulgation of
40 CFR Part 503, any permit issued by the Permit Issuing Authority for the utilization/disposal of sludge may be
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reopened and modified, or revoked and reissued, to incorporate applicable requirements at 40 CFR 503. The
Permittee shall comply with applicable 40 CFR 503 Standards for the Use and Disposal of Sewage Sludge (when
promulgated) within the time provided in the regulation, even if the permit is not modified to incorporate the
requirement. The Permittee shall notify the Permit Issuing Authority of any significant change in its sludge use
or disposal practices.
7. Power Failures
The Permittee is responsible for maintaining adequate safeguards (as required by 15A NCAC 2H.0124) to prevent
the discharge of untreated or inadequately treated wastes during electrical power failures either by means of
alternate power sources, standby generators or retention of inadequately treated effluent.
Section D. Monitoring and Records
Representative Sampling
Samples collected and measurements taken, as required herein, shall be characteristic of the volume and nature of
the permitted discharge. Samples collected at a frequency less than daily shall be taken on a day and time that is
characteristic of the discharge over the entire period the sample represents. All samples shall be taken at the
monitoring points specified in this permit and, unless otherwise specified, before the effluent joins or is diluted
by any other wastestream, body of water, or substance. Monitoring points shall not be changed without
notification to and the approval of the Permit Issuing Authority [40 CFR 122.41 (j)].
2. Reporting
Monitoring results obtained during the previous month(s) shall be summarized for each month and reported on a
monthly Discharge Monitoring Report (DMR) Form (MR 1, 1.1, 2, 3) or alternative forms approved by the
Director, postmarked no later than the last calendar day of the month following the completed reporting period.
The first DMR is due on the last day of the month following the issuance of the permit or in the case of a new
facility, on the last day of the month following the commencement of discharge. Duplicate signed copies of
these, and all other reports required herein, shall be submitted to the following address:
NC DENR / Division of Water Quality / Water Quality Section
ATTENTION: Central Files
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
Flow Measurements
Appropriate flow measurement devices and methods consistent with accepted scientific practices shall be selected
and used to ensure the accuracy and reliability of measurements of the volume of monitored discharges. The
devices shall be installed, calibrated and maintained to ensure that the accuracy of the measurements is consistent
with the accepted capability of that type of device. Devices selected shall be capable of measuring flows with a
maximum deviation of less than 10% from the true discharge rates throughout the range of expected discharge
volumes. Flow measurement devices shall be accurately calibrated at a minimum of once per year and maintained
to ensure that the accuracy of the measurements is consistent with the accepted capability of that type of device.
The Director shall approve the flow measurement device and monitoring location prior to installation.
Once -through condenser cooling water flow monitored by pump logs, or pump hour meters as specified in Part I
of this permit and based on the manufacturer's pump curves shall not be subject to this requirement.
4. Test Procedures
Laboratories used for sample analysis must be certified by the Division. Permittees should contact the Division's
Laboratory Certification Section (919 733-3908 or http://h2o.enr.state.nc.us/lab/cert.htm) for information
regarding laboratory certifications.
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Personnel conducting testing of field -certified parameters must hold the appropriate field parameter
certifications.
Test procedures for the analysis of pollutants shall conform to the EMC regulations (published pursuant to
NCGS 143-215.63 et. seq.), the Water and Air Quality Reporting Acts, and to regulations published pursuant to
Section 304(g), 33 USC 1314, of the CWA (as amended), and 40 CFR 136; or in the case of sludge use or disposal,
approved under 40 CFR 136, unless otherwise specified in 40 CFR 503, unless other test procedures have been
specified in this permit [40 CFR 122.41].
To meet the intent of the monitoring required by this permit, all test procedures must produce minimum
detection and reporting levels that are below the permit discharge requirements and all data generated must be
reported down to the minimum detection or lower reporting level of the procedure. If no approved methods are
determined capable of achieving minimum detection and reporting levels below permit discharge requirements,
then the most sensitive (method with the lowest possible detection and reporting level) approved method must
be used.
5. Penalties for Tampering
The CWA provides that any person who falsifies, tampers with, or knowingly renders inaccurate, any monitoring
device or method required to be maintained under this permit shall, upon conviction, be punished by a fine of
not more than $10,000 per violation, or by imprisonment for not more than two years per violation, or by both.
If a conviction of a person is for a violation committed after a first conviction of such person under this
paragraph, punishment is a fine of not more than $20,000 per day of violation, or by imprisonment of not more
than 4 years, or both [40 CFR 122.41].
6. Records Retention
Except for records of monitoring information required by this permit related to the Permittee's sewage sludge
use and disposal activities, which shall be retained for a period of at least five years (or longer as required by 40
CFR 503), the Permittee shall retain records of all monitoring information, including.
➢ all calibration and maintenance records
➢ all original strip chart recordings for continuous monitoring instrumentation
➢ copies of all reports required by this permit
➢ copies of all data used to complete the application for this permit
These records or copies shall be maintained for a period of at least 3 years from the date of the sample,
measurement, report or application. This period may be extended by request of the Director at any time [40 CFR
122.41].
7. Recording Results
For each measurement or sample taken pursuant to the requirements of this permit, the Permittee shall record
the following information [40 CFR 122.41]:
a. The date, exact place, and time of sampling or measurements;
b. The individual(s) who performed the sampling or measurements;
c. The date(s) analyses were performed;
d. The individual(s) who performed the analyses;
e. The analytical techniques or methods used; and
f. The results of such analyses.
8. Inspection and Entry
The Permittee shall allow the Director, or an authorized representative (including an authorized contractor acting
as a representative of the Director), upon the presentation of credentials and other documents as may be required
by law, to;
a. Enter upon the Permittee's premises where a regulated facility or activity is located or conducted, or where
records must be kept under the conditions of this permit;
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b. Have access to and copy, at reasonable times, any records that must be kept under the conditions of this
permit; '
c. Inspect at reasonable times any facilities, equipment (including monitoring and control equipment), practices,
or operations regulated or required under this permit; and
d. Sample or monitor at reasonable times, for the purposes of assuring permit compliance or as otherwise
authorized by the CWA, any substances or parameters at any location [40 CFR 122.41 (i)].
Section E Reporting Requirements
1. Change in Discharge
All discharges authorized herein shall be consistent with the terms and conditions of this permit. The discharge
of any pollutant identified in this permit more frequently than or at a level in excess of that authorized shall
constitute a violation of the permit.
2. Planned Changes
The Permittee shall give notice to the Director as soon as possible of any planned physical alterations or
additions to the permitted facility [40 CFR 122.41 (1)]. Notice is required only when:
a. The alteration or addition to a permitted facility may meet one of the criteria for new sources at 40 CFR
122.29 (b); or
b. The alteration or addition could significantly change the nature or increase the quantity of pollutants
discharged. This notification applies to pollutants subject neither to effluent limitations in the permit, nor to
notification requirements under 40 CFR 122.42 (a) (1).
c. The alteration or addition results in a significant change in the Permittee's sludge use or disposal practices,
and such alteration, addition or change may justify the application of permit conditions that are different
from or absent in the existing permit, including notification of additional use or disposal sites not reported
during the permit application process or not reported pursuant to an approved land application plan.
3. Anticipated Noncompliance
The Permittee shall give advance notice to the Director of any planned changes to the permitted facility or other
activities that might result in noncompliance with the permit [40 CFR 122.41 (1) (2)].
4. Transfers
This permit is not transferable to any person without approval from the Director. The Director may require
modification or revocation and reissuance of the permit to document the change of ownership. Any such action
may incorporate other requirements as may be necessary under the CWA [40 CFR 122.41 (1) (3)].
5. Monitoring Reports
Monitoring results shall be reported at the intervals specified elsewhere in this permit [40 CFR 122.410) (4)].
a. Monitoring results must be reported on a Discharge Monitoring Report (DMR) (See Part II. D. 2) or forms
provided by the Director for reporting results of monitoring of sludge use or disposal practices.
b. If the Permittee monitors any pollutant more frequently than required by this permit, the results of such
monitoring shall be included in the calculation and reporting of the data submitted on the DMR.
6. Twenty-four Hour Reporting
a. The Permittee shall report to the Director or the appropriate Regional Office any noncompliance that
potentially threatens public health or the environment. Any information shall be provided orally within 24
hours from the time the Permittee became aware of the circumstances. A written submission shall also be
provided within 5 days of the time the Permittee becomes aware of the circumstances. The written
submission shall contain a description of the noncompliance, and its cause; the period of noncompliance,
including exact dates and times, and if the noncompliance has not been corrected, the anticipated time it is
expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the
noncompliance [40 CFR 122.41 (1) (6)].
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b. The Director may waive the written report on a case -by -case basis for reports under this section if the oral
report has been received within 24 hours.
c. Occurrences outside normal business hours may also be reported to the Division's Emergency Response
personnel at [phone], [phone] or [phone].
7. Other Noncompliance
The Permittee shall report all instances of noncompliance not reported under Part II. E. 5 and 6. of this permit at
the time monitoring reports are submitted. The reports shall contain the information listed in Part II. E. 6. of
this permit [40 CFR 122.41 (1) (7)].
8. Other Information
Where the Permittee becomes aware that it failed to submit any relevant facts in a permit application, or
submitted incorrect information in a permit application or in any report to the Director, it shall promptly submit
such facts or information [40 CFR 122.41 (1) (8)].
9. Noncompliance Notification
The Permittee shall report by telephone to either the central office or the appropriate regional office of the
Division as soon as possible, but in no case more than 24 hours or on the next working day following the
occurrence or first knowledge of the occurrence of any of the following:
a. Any occurrence at the water pollution control facility which results in the discharge of significant amounts of
wastes which are abnormal in quantity or characteristic, such as the dumping of the contents of a sludge
digester; the known passage of a slug of hazardous substance through the facility; or any other unusual
circumstances.
b. Any process unit failure, due to known or unknown reasons, that render the facility incapable of adequate
wastewater treatment such as mechanical or electrical failures of pumps, aerators, compressors, etc.
c. Any failure of a pumping station, sewer line, or treatment facility resulting in a by-pass without treatment of
all or any portion of the influent to such station or facility.
Persons reporting such occurrences by telephone shall also file a written report within 5 days following first
knowledge of the occurrence.
10. Availability of Reports
Except for data determined to be confidential under NCGS 143-215.3 (a)(2) or Section 308 of the Federal Act, 33
USC 1318, all reports prepared in accordance with the terms shall be available for public inspection at the offices
of the Division. As required by the Act, effluent data shall not be considered confidential. Knowingly making
any false statement on any such report may result in the imposition of criminal penalties as provided for in
NCGS 143-215.1(b)(2) or in Section 309 of the Federal Act.
11. Penalties for Falsification of Reports
The C`NA provides that any person who knowingly makes any false statement, representation, or certification in
any record or other document submitted or required to be maintained under this permit, including monitoring
reports or reports of compliance or noncompliance shall, upon conviction, be punished by a fine of not more
than $25,000 per violation, or by imprisonment for not more than two years per violation, or by both [40 CFR
122.41].
12. Annual Performance Reports
Permittees who own or operate facilities that collect or treat municipal or domestic waste shall provide an annual
report to the Permit Issuing Authority and to the users/customers served by the Permittee (NCGS 143-215.1C).
The report shall summarize the performance of the collection or treatment system, as well as the extent to which
the facility was compliant with applicable Federal or State laws, regulations and rules pertaining to water quality.
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The report shall be provided no later than sixty days after the end of the calendar or fiscal year, depending upon
which annual period is used for evaluation.
The report shall be sent to: '
NC DENR / DWQ / Central Files
1617 Mail Service Center
Raleigh, NC ' 27699-1617
PART III
OTHER REQUIREMENTS
Section A. Construction
The Permittee shall not commence construction of wastewater treatment facilities, nor add to the plant's treatment
capacity, nor change the treatment process(es) utilized at the treatment plant unless the Division has issued an
Authorization to Construct (AtC) permit. Issuance of an AtC will not occur until Final Plans'and Specifications for
the proposed construction have been submitted by the Permittee and approved by the Division.
Section B. Groundwater Monitoring
The Permittee shall, upon written notice from the Director, conduct groundwater monitoring as may be required to
determine the compliance of this NPDES permitted facility with the current groundwater standards.
Section C. Changes in Discharges of Toxic Substances
The Permittee shall notify the Permit Issuing Authority as soon as it knows or has reason to believe (40 CFR 122.42):
a. That any activity has occurred or will occur which would result in the discharge, on a routine or frequent
basis, of any toxic pollutant which is not limited in the permit, if that discharge will exceed the highest of the
following "notification levels";
(l) 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";
(l) Five hundred micrograms per liter (500 µg/L);
(2) One milligram per liter 0 mg/L) for antimony;
(3) Ten times the maximum concentration value reported for that pollutant in the permit application.
Section D. Evaluation of Wastewater Discharge Alternatives
The Permittee shall evaluate all wastewater disposal alternatives and pursue the most environmentally sound
alternative of the reasonably cost effective alternatives. If the facility is in substantial non-compliance with the terms
and conditions of the NPDES permit or governing rules, regulations or laws, the Permittee shall submit a report in
such form and detail as required by the Division evaluating these alternatives and a plan of action within 60 days of
notification by the Division.
Section E. Facility Closure Requirements
The Permittee must notify the Division at least 90 days prior to the closure of any wastewater treatment system
covered by this permit. The Division may require specific measures during deactivation of the system to prevent
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adverse impacts to waters of the State. This permit cannot be rescinded while any activities requiring this permit
continue at the permitted facility.
PART IV
SPECIAL CONDITIONS FOR MUNICIPAL FACILITIES
Section A. Definitions
In addition to the definitions in Part II of this permit, the following definitions apply to municipal facilities:
Indirect Discharge or Industrial User
Any non -domestic source that discharges wastewater containing pollutants into a POTW regulated under section
307(b), (c) or (d) of the CWA. [40 CFR 403.3 (b) (i) and (j)]
Interference
Inhibition or disruption of the POTW treatment processes; operations; or its sludge process, use, or disposal which
causes or contributes to a violation of any requirement of the POTWs NPDES Permit or prevents sewage sludge use
or disposal in compliance with specified applicable State and Federal statutes, regulations, or permits. [15A NCAC
2H.0903 (b) (13)]
Pass Through
A discharge which exits the POTW into waters of the State in quantities or concentrations which, alone or with
discharges from other sources, causes a violation, including an increase in the magnitude or duration of a violation, of
the POTWs NPDES permit, or of an instream water quality standard. [15A NCAC 214.0903 (b) (23)]
Publicly Owned Treatment Works (POM
A treatment works as defined by Section 212 of the CWA, owned by a State or local government entity. This
definition includes any devices and systems used in the storage, treatment, recycling and reclamation of municipal
sewage or industrial wastes of a liquid nature. It also includes sewers, pipes, and other conveyances only if they
convey wastewater to a POTW. The term also means the local government entity, or municipality, as defined in
section 502(4) of the CWA, which has jurisdiction over indirect discharges to and the discharges from such a
treatment works. [15A NCAC 2H.0903 (b) (27)]
"Significant Industrial User" or "SIU"
An industrial user that discharges wastewater into a publicly owned treatment works and that [15A NCAC 2H.0903
(b) (34)]:
(a) discharges an average of 25,000 gallons or more per day of process wastewater to the POTW (excluding
sanitary, noncontact cooling and boiler blowdown wastewaters) or;
(b) contributes more than 5 percent of the design flow of the POTW treatment plant or more than 5 percent of
the maximum allowable headworks loading of the POTW treatment plant for any pollutant of concern, or;
(c) is required to meet a national categorical pretreatment standard, or;
(d) is, regardless of Parts (a), (b), and (c) of this definition, otherwise determined by the POTW, the Division, or
the EPA to have a reasonable potential for adversely affecting the POTWs operation or for violating any
pretreatment standard or requirement or POTWs receiving stream standard, or to limit the POTWs sludge
disposal options.
Section B. Publicly Owned Treatment Works (POTWs)
All POTWs are required to prevent the introduction of pollutants into the POTW which will interfere with the
operation of the POTW, including interference with its use or disposal of municipal sludge, or pass through the
treatment works or otherwise be incompatible with such treatment works. [40 CFR 403.2]
All POTWs must provide adequate notice to the Director of the following [40 CFR 122.42 (b)]:
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1. Any new introduction of pollutants into the POTW from an indirect discharger, including pump and
hauled waste, which would be subject to section 301 or 306 of CWA if it were directly discharging those
pollutants; and
2. Any substantial change in the volume or character of pollutants being introduced by an indirect discharger
as influent to that POTW at the time of issuance of the permit.
3. For purposes of this paragraph, adequate notice shall include information on (1) the quality and quantity of
effluent introduced into the POTW, and (2) any anticipated impact that may result from the change of the
quantity or quality of effluent to be discharged from the POTW.
Section C. Municipal Control of Pollutants from Industrial Users.
1. Effluent limitations are listed in Part I of this permit. Other pollutants attributable to inputs from industries
using the municipal system may be present in the Permittee's discharge. At such time as sufficient information
becomes available to establish limitations for such pollutants, this permit may be revised to specify effluent
limitations for any or all of such other pollutants in accordance with best practicable technology or water
quality standards.
2. Prohibited Discharges
a. Under no circumstances shall the Permittee allow introduction of pollutants or discharges into the waste
treatment system or waste collection system which cause or contribute to Pass Through or Interference
as defined in 15A NCAC 2H.0900 and 40 CFR 403. [40 CFR 403.5 (a) (1)]
b. Under no circumstances shall the Permittee allow introduction of the following wastes in the waste
treatment or waste collection system [40 CFR 403.5 (b)]:
1. Pollutants which create a fire or explosion hazard in the POTW, including, but not limited to,
wastestreams with a closed cup flashpoint of less than 140 degrees Fahrenheit or 60, degrees
Centigrade using the test methods specified in 40 CFR 261.21;
2. Pollutants which cause corrosive structural damage to the POTW, but in no case discharges with
pH lower than 5.0, unless the works is specifically designed to accommodate such discharges;
3. Solid or viscous pollutants in amounts which cause obstruction to the flow in the POTW resulting
in Interference;
4. Any pollutant, including oxygen demanding pollutants (BOD, etc.) released in a Discharge at a
flow rate and/or pollutant concentration which will cause Interference with the POTW;
5. Heat in amounts which will may inhibit biological activity in the POTW resulting in Interference,
but in no case heat in such quantities that the temperature at the POTW Treatment Plant exceeds
40°C (104°F) unless the Division, upon request of the POTW, approves alternate temperature
Emits;
6. Petroleum oil, nonbiodegradable cutting oil, or products of mineral oil origin in amounts that will
cause interference or pass through;
7. Pollutants which result in the presence of toxic gases, vapors, or fumes within the POTW .in a
quantity that may cause acute worker health and safety problems;
8. Any trucked or hauled pollutants, except at discharge points designated by the POTW.
C. The Permittee shall investigate the source of all discharges into the WWTP, including slug loads and
other unusual discharges, which have the potential to adversely impact the permittee's Pretreatment
Program and/or the operation of the WWTP.
The Permittee shall report such discharges into the WWTP to the Director or the appropriate Regional
Office. Any information shall be provided orally within 24 hours from the time the Permittee became
aware of the circumstances. A written submission shall also be provided within 5 days of the time the
Permittee becomes aware of the circumstances. The written submission shall contain a description of
the discharge, the investigation into possible sources; the period of the discharge, including exact dates
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and times; and if the discharge has not ceased, the anticipated time it is expected to continue; and steps
taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance,
3. With regard to the effluent requirements listed in Part I of this permit, it may be necessary for the Permittee to
supplement the requirements of the Federal Pretreatment Standards (40 CFR, Part 403) to ensure compliance
by the Permittee with all applicable effluent limitations. Such actions by the Permittee may be necessary
regarding some or all of the industries discharging to the municipal system.
4. The Permittee shall require any industrial discharger sending its effluent to the permitted system to meet
Federal Pretreatment Standards promulgated in response to Section 307(b) of the Act as amended (which
includes categorical standards and locally derived limits and narrative requirements). Prior to accepting
wastewater from any significant industrial user, the Permittee shall either develop and submit to the Division a
new Pretreatment Program or a modification of an existing Pretreatment Program, for approval as required
under section D below as well as 15A NCAC 214.0907 (a) and (b). [40 CFR 122.44 0) (2)]
5. This permit shall be modified, or alternatively, revoked and reissued, to incorporate or modify an approved
POTW Pretreatment Program or to include a compliance schedule for the development of a POTW
Pretreatment Program as required under Section 402 (b) (8) of the CWA and implementing regulations or by
the requirements of the approved State pretreatment program, as appropriate.
Section D. Pretreatment Programs
Under authority of sections 307 (b) and (c) and 402 (b) (8) of the CWA and implementing regulations 40 CFR 403,
North Carolina General Statute 143-215.3 (14) and implementing regulations 15A NCAC 2H.0900, and in accordance
with the approved pretreatment program, all provisions and regulations contained and referenced in the Pretreatment
Program Submittal are an enforceable part of this permit. [40 CFR 122.44 0) (2)]
The Permittee shall operate its approved pretreatment program in accordance with Section 402 (b) (8) of the CWA,
40 CFR 403, 15A NCAC 2H.0900, and the legal authorities, policies, procedures, and financial provisions contained
in its pretreatment program submission and Division approved modifications thereof. Such operation shall include
but is not limited to the implementation of the following conditions and requirements. Terms not defined in Part II
or Part IV of this permit are as defined in 15A NCAC 2H.0903 and 40 CFR 403.3.
1. Sewer Use Ordinance (SUO)
The Permittee shall maintain adequate legal authority to implement its approved pretreatment program. [15A
NCAC 2H.0905 and .0906; 40 CFR 403.8 (0 (1) and 403.9 (1), (2)]
2. Industrial Waste Surveyy UWS)
The permittee shall implement an IWS consisting of the survey of users of the POTW, as required by 40 CFR
403.8 (f) (2) (i-iii) and 15A NCAC 2H.0905 [also 40 CFR 122.44 0) (1)], including identification of all industrial
users and the character and amount of pollutants contributed to the POTW by these industrial users and
identification of those industrial users meeting the definition of SIU. The Permittee shall submit a summary of
its IWS activities to the Division at least once every five years, and as required by the Division. The IWS
submission shall include a summary of any investigations conducted under paragraph B, 2, c, of this Part.
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 211.0906 (b) (2) and .0905]
4. Headworks Analysis ,HWA) and Local Limits
The Permittee shall obtain Division approval of a HWA at least once every five years, and as required by the
Division. Within 180 days of the effective date of this permit (or any subsequent permit modification) the
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NPDES Permit Standard Conditions
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Permittee shall submit to the Division a written technical evaluation of the need to revise local limits (i.e., an
updated HWA or documentation of why one is not needed) [40 CFR 122.44]. The Permittee shall develop, in
accordance with 40 CFR 403.5 (c) and 15A NCAC 2H.0909, specific Local Limits to implement the
prohibitions listed in 40 CFR 403.5 (a) and (b) and 15A NCAC 2H.0909.
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, .0916, and .0917; 40 CFR 403.5, 403.8 (f) (1) (ui); NCGS 143-
215.67 (a)]
6. Authorization to Construct (AQ
The Permittee shall ensure that an Authorization to Construct permit (AtC) is issued to all applicable industrial
users for the construction or modification of any pretreatment facility. Prior to the -issuance of an AtC, the
proposed pretreatment facility and treatment process must be evaluated for its capacity to comply with all
Industrial User Pretreatment Permit (IUP) limitations. [15A NCAC 2H.0906 (b) (6) and .0905; NCGS 143-
215.1 (a) (8)]
7. POTW Inspection & Monitoring of their IUs
The Permittee shall conduct inspection, surveillance, and monitoring activities as described in its Division
approved pretreatment program in order to determine, independent of information supplied by industrial users,
compliance with applicable pretreatment standards. [15A NCAC 2H .0908(d); 40 CFR 403.8(f)(2)(v)]. The
Permittee must:
a. Inspect all Significant Industrial Users (SIUs) at least once per calendar year, and
b. Sample all Significant Industrial Users (SIUs) at least twice per calendar year for all permit -limited
pollutants, once during the period from January 1 through June 30 and once during the period from
July 1 through December 31, except for organic compounds which shall be sampled at least once per
calendar year; For the purposes of this paragraph, "organic compounds" means the types of
compounds listed in 40 CFR 136.3(a), Tables IC, ID, and IF, as amended.
8. IU Self Monitoring and Reporting
The Permittee shall require all industrial users to comply with the applicable monitoring and reporting
requirements outlined in the Division -approved pretreatment program, the industry's pretreatment permit, or
in 15A NCAC 211.0908. [15A NCAC 2H .0906(b)(4) and .0905; 40 CFR 403.8(f)(1)(v) and (2)(iii); 40 CFR
122.440)(2)]
9. Enforcement Response Plan (ERPI
The Permittee shall enforce and obtain appropriate remedies for violations of all pretreatment standards
promulgated pursuant to section 307(b) and (c) of the Clean Water Act (40 CFR 405 et. seq.), prohibitive
discharge standards as set forth in 40 CFR 403.5 and 15A NCAC 2H .0909, and specific local limitations. All
enforcement actions shall be consistent with the Enforcement Response Plan (ERP) approved by the Division.
[15A NCAC 2H .0906(b)(7) and .0905; 40 CFR 4038(f)(5)]
10. Pretreatment Annual Reports . RRl
The Permittee shall report to the Division in accordance with 15A NCAC 2H .0908. In lieu of submitting
annual reports, Modified Pretreatment Programs developed under 15A NCAC 2H .0904 (b) may be required to
submit a partial annual report or to meet with Division personnel periodically to discuss enforcement of
pretreatment requirements and other pretreatment implementation issues.
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For all other active pretreatment programs, the Permittee shall submit two copies of a Pretreatment Annual
Report (PAR) describing its pretreatment activities over the previous twelve months to the Division at the
following address:
NC DENR / DWQ / Pretreatment, Emergency Response, and Collection Systems Unit (PERCS)
1617 Mail Service Center
Raleigh, NC 27699-1617
These reports shall be submitted according to a schedule established by the Director and shall contain the
following.
a.) Narrative
A brief discussion of reasons for, status of, and actions taken for all Industrial Users (IUs) in Significant
Non -Compliance (SNC);
b.) Pretreatment Program Summary (PPS),
A pretreatment program summary (PPS) on specific forms approved by the Division;
c.) Significant Non -Compliance Report (SNCR)
The nature of the violations and the actions taken or proposed to correct the violations on specific forms
approved by the Division;
d.) Industrial Data Summary Forms DSF)
Monitoring data from samples collected by both the POTW and the Significant Industrial User (SIU)
and any monitoring data for other Industrial Users (IUs) in SNC. These analytical results must be
reported on Industrial Data Summary Forms (IDSF) or other specific format approved by the Division;
e.) Other Information
Copies of the POTW's allocation table, new or modified enforcement compliance schedules,. public
notice of IUs in SNC, and any other information, upon request, which in the opinion of the Director is
needed to determine compliance with the pretreatment implementation requirements of this permit;
11. Public Notice
The Permittee shall publish annually a list of Industrial Users (IUs) that were in Significant Non -Compliance
(SNC) as defined in the Permittee's Division -approved Sewer Use Ordinance with applicable pretreatment
requirements and standards during the previous twelve month period. This list shall be published within four
months of the applicable twelve-month period. [15A NCAC 2H .0903(h) 35, , .0908(b)(5) and .0905 and 40
CFR 403.8(fl(2)(vii)]
12. Record Keeping
The Permittee shall retain for a minimum of three years records of monitoring activities and results, along with
support information including general records, water quality records, and records of industrial impact on the
POTW. [15A NCAC 2H .0908(f); 40 CFR 403.12(o)]
13. Funding and Financial Report
The Permittee shall maintain adequate funding and staffing levels to accomplish the objectives of its approved
pretreatment program. [15A NCAC 2H .0906(a) and .0905; 40 CFR 403.8(f)(3), 403.9(b)(3)]
14. Modification to Pretreatment Programs
Modifications to the approved pretreatment program including but not limited to local limits modifications,
POTW monitoring of their Significant Industrial Users (SIUs), and Monitoring Plan modifications, shall be
considered a permit modification and shall be governed by 15 NCAC 2H .0114 and 15A NCAC 2H .0907.
Version 712009

Facility information
NPDES permit #:
NC0088757 Buncombe County
Facility name:
Riverview Development —
French Broad River Group of NC, LLP
WWTP class:
WWTP type:
0.050 MGD WWTP (after receiving ATC).
Proposed:
extended aeration type to meet secondary limits
WWTP location:
525 Old Marshall Hwy, Alexander, NC
Responsible official:
Adam Mopsick
Responsible "'s title:
Manager
Official's location:
2400 NE 2"d Ave; Studio B; Miami, FL 33137
Mailing address:
Email:
[e-mail]
Phone numbers
305-573-8030
Adam Mopsick
305-675-6290
" - fax
-
ORC
Operator information
Certified ORC & grade:
Back-up ORC:
Permit information
Date issued:
Expiration date:
Stream information
Stream & river basin:
Sub -basin:
Stream classification:
Instream Waste Conc.:
Summer 7Q10 cfs:
30Q2 cfs:
8-1-2008
10-31-2010
French Broad River; French Broad River Basin
04-03-02 Quad: Grid: F 8 NE
B Drainage area sq mi: 1050
0.02 % Average stream flow: 2140
470 Winter 7Q10 cfs: 595
884
Other information
Directions: Take Hwys 19123 North to the Alexander Exit.
The proposed facility will be at 525 Old Marshall
Hwy, Alexander, NC.

rs)el
ATF
� r
o �
Adam Mopsick
Amicon Development
2400 NE 2nd Avenue, Studio B
Miami, Florida 33137
Dear Mr. Mopsick,
Michael F. Easley
Governor
William G. Ross, Jr., Secretary
North Carolina Department of Environment and Natural Resources
June 25, 2008
Coleen H. Sullins, Director
Division of Water Quality
Subject: Issuance of NPDES Permit NCO088757
Riverview Development
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 October 15, 2007 (or as subsequently amended).
This final permit includes no major changes from the draft permit sent to you on May 7, 2008:
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,
v
Coleen H. Sullins
cc: NPDES Files
Central Files,,.
I
ifaceWater Protection =
Mark Brooks P.E.
i J U N 2
7 2008 �
Brooks Engineering Associates, PA
17 Arlington Street, Asheville, NC 28801
WATER CLIALITY
SECTION
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

"qN
Permit NCO088757
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, the
French Broad River Group of NC, LLP
is hereby authorized to discharge wastewater from a facility located at the
Riverview Development WWTP
525 Old Marshall Highway
Alexander
Buncombe County
to receiving waters designated as the French Broad River in subbasin 04-03-02 of
the French Broad River Basin in accordance with effluent limitations, monitoring
requirements, and other conditions set forth in Parts I, II, III and IV hereof.
This permit shall become effective August 1, 2008.
This permit and authorization to discharge shall expire at midnight on October 31, 2010.
Signed this day June 25, 2008.
F
X-- Yoleen H. Sullins, Director
vision of Water Quality
By Authority of the Environmental Management Commission

Permit NCO088757
SUPPLEMENT TO PERMIT COVER SHEET
The French Broad River Group of NC, LLP is hereby authorized to:
1. After receiving an Authorization to Construct permit from the Division, construct
.wastewater treatment facilities not to exceed 0.05 MGD design flow. This
treatment facility will be located at the Riverview Development WWTP off the Old
Marshall Highway near Alexander in Buncombe County
2. After submitting an Engineer's Certification, operate a 0.05 MGD package plant
with a discharge at the location specified on the attached map into the French
Broad River, currently a class B water in subbasin 04-03-02 of the French Broad
River Basin.

Latitude:
35' 42' 59"
Longitude:
82' 37' 30"
USGS Quad #:
F08NE
River Basin #: ,
04-03-02
Receiving Stream:
French Broad River
Stream Class:
B
Riverview Development
Waste Water Treatment Plant
Buncombe County
NCO088757

Permit NCO088757
A. (1) EFFLUENT LIMITATIONS AND MONITORING REgUIREMENTS
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:
PARAMETER
LIMITS
MONITORING REQUIREMENTS
Monthly Average
Daily Maximum
Measurement
Fre uenc
Sample Type
Sample Location
Flow_
0.05-MGD
Continuous
Recording
Influent or Effluent
BOD, 5-day (20°C)
30.0 mg/L
45.0 mg/L
Weekly
Composite
Effluent
Total Suspended Solids
30.0 mg/L
45.0 mg/L
Weekly
Composite
Effluent
Fecal Coliform
(geometric mean
200/100 mL
400/100 mL
Weekly
Grab
Effluent
Total Residual Chlorine'
28,ug/L
2/Week
Grab
Effluent
pH
> 6.0 and < 9.0 standard units
Weekly
Grab
Effluent
Total Nitrogen
Semi -Annually
Composite
Effluent
Total Phosphorus
Semi -Annually
Composite
Effluent
Temperature (°C)
Weekly
Grab
Effluent
Footnotes:
1. Limit and monitoring applies only if chlorine is added for disinfection. The Permittee shall report
all effluent TRC values reported by a NC -certified laboratory [including field -certified]. Effluent
values below 50 µgIL will be treated as zero for compliance purposes.
There shall be no discharge of floating solids or visible foam in other than . trace
amounts

)ES Permit Standard Conditions
Page 1 of 16
PART II
STANDARD CONDITIONS FOR NPDES PERMITS
Section A. Definitions
2/Month
Samples are collected twice per month with at least ten calendar days between sampling events.
3/Week
Samples are collected three times per week on three separate calendar days.
Act or "the Act"
The Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 USC 1251, et. seq.
Annual Average
The arithmetic mean of all "daily discharges" of a pollutant measured during the calendar year. In the case of fecal
coliform, the geometric mean of such discharges.
Arithmetic Mean
The summation of the individual values divided by the number of individual values.
Bypass
The known diversion of waste streams from any portion of a treatment facility including the collection system, which
is not a designed or established or operating mode for the facility.
Calendar Dav
The period from midnight of one day until midnight of the next day. However, for purposes of this permit, any
consecutive 24-hour period that reasonably represents the calendar day may be used for sampling.
Calendar Quarter
One of the following distinct periods: January through March, April through June, July through September, and
October through December.
Composite Sample
A sample collected over a 24-hour period by continuous sampling or combining grab samples of at least 100 ml in
such a manner as to result in a total sample representative of the wastewater discharge during the sample period. The
Director may designate. the most appropriate method (specific number and size of aliquots necessary, the time
interval between grab samples, etc.) on a case -by -case basis. Samples may be collected manually or automatically.
Composite samples may be obtained by the following methods:
(1) Continuous: a single, continuous sample collected over a 24-hour period proportional to the rate of flow.
(2) Constant time/variable volume: a series of grab samples collected at equal time intervals over a 24 hour
period of discharge and combined proportional to the rate of flow measured at the time of individual sample
collection, or
(3) Variable time/constant volume: a series of grab samples of equal volume collected over a 24 hour period
with the time intervals between samples determined by a preset number of gallons passing the sampling
point. Flow measurement between sample intervals shall be determined by .use of a flow recorder and
totalizer, and the preset gallon interval between sample collection fixed at no greater than 1/24 of the
expected total daily flow at the treatment system, or
(4) Constant time/constant volume: a series of grab samples of equal volume collected over a 24-hour period at
a constant time interval. Use of this method requires prior approval by the Director. This method
may only be used in situations where effluent flow rates vary less than 15 percent. The following
restrictions also apply:
➢ Influent and effluent grab samples shall be of equal size and of no less than 100 milliliters
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PDES Permit Standard Conditions
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➢ 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-how: period.
➢ Permittees with wastewater treatment systems whose detention time exceeds 24 hours shall collect
effluent grab samples at least every X hours [X = days detention time] over a 24-hour period. Effluent
samples shall be collected at least every six hours; there must be a 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 Discharpre
The discharge of a pollutant measured during a calendar day or any 24-hour period that reasonably represents the
calendar day for purposes of sampling. For pollutants measured in units of mass, the "daily discharge" is calculated as
the total mass of the pollutant discharged over the day. The "daily discharge" concentration comprises the mean
concentration for a 24-hour sampling period as either a composite sample concentration or the arithmetic mean of all
grab samples collected during that period. (40 CFR 122.2)
Daily Maximum
The highest "daily discharge" for conventional and other non -toxicant parameters. NOTE: Permittees may not
submit a "daily average" calculation [for determining compliance with permit limits] for toxicants. See the relevant
Federal effluent guideline[s] for the appropriate calculation interval.
Daily Sampling
Parameters requiring daily sampling shall be sampled 5 out of every 7 days per week unless otherwise specified in the
permit. The Division expects that sampling shall be conducted on weekdays except where holidays or other
disruptions of normal operations prevent weekday sampling. If sampling is required for all seven days of the week
for any permit parameter(s), that requirement will be so noted on the Effluent Limitations and Monitoring Page(s).
DM or "the Division"
The Division of Water Quality, Department of Environment and Natural Resources.
EMC
The North Carolina Environmental Management Commission.
Facility Closure
The cessation of wastewater treatment at a permitted facility, or the cessation of all activities that require coverage
under the NPDES. Completion of facility closure will allow this permit to be rescinded.
Geometric Mean
The Nth root of the product of the individual values where N = the number of individual values. For purposes of
calculating the geometric mean, values of "0" (or "< [detection level]") shall be considered = 1.
Grab Sample
Individual samples of at least 100 ml collected over a period of time not exceeding 15 minutes. Grab samples can be
collected manually. Grab samples must be representative of the discharge (or the receiving stream, for instream
samples).
Hazardous Substance
Any substance designated under 40 CFR Part 116 pursuant to Section 311 of the Clean Water Act.
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)ES Permit Standard Conditions
Page 3 of 16
Instantaneous flow measurement
A measure of flow taken at the time of sampling, when both the sample and flow will be representative of the total
discharge.
Monthly Average (concentration limit)
The arithmetic mean of all "daily discharges" of a pollutant measured during the calendar month. In the case of fecal
coliform, the geometric mean of such discharges.
Permit Issuing Authority
The Director of the Division of Water Quality.
Quarterly Average (concentration limit)
The average of all samples taken over a calendar quarter.
Severe prol2erty damage
Substantial physical damage to property, damage to the treatment facilities which causes them to become inoperable,
or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a
bypass. Severe property damage excludes economic loss caused by delays in production.
Toxic Pollutant:
Any pollutant listed as toxic under Section 307(a)(1) of the Clean Water Act.
U set
An incident beyond the reasonable control of the Permittee causing unintentional and temporary noncompliance with
permit effluent limitations and/or monitoring requirements. An upset does not include noncompliance caused by
operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive
maintenance, or careless or improper operation.
Weekly Average (concentration limitl
The arithmetic mean of all "daily discharges" of a pollutant measured during the calendar week. In the case of fecal
coliform, the geometric mean of such discharges.
Section B. General Conditions
1. Duty to Comply
The Permittee must comply with all conditions of this permit. Any permit noncompliance constitutes a.violation
of the Clean Water Act and is grounds for enforcement action; for permit termination, revocation and reissuance,
or modification; or denial of a permit renewal application [40 CFR 122.41].
a. The Permittee shall comply with effluent standards or prohibitions established under section 307(a) of the
Clean Water Act for toxic pollutants and with standards for sewage sludge use or disposal established under
section 405(d) of the Clean Water Act within the time provided in the regulations that establish these
standards or prohibitions or standards for sewage sludge use or disposal, even if the permit has not yet been
modified to incorporate the requirement.
b. The Clean Water Act provides that any person who violates section 301, 302, 306, 307, 308, 318 or 405 of the
Act, or any permit condition or limitation implementing any such sections in a permit issued under section
402, or any requirement imposed in a pretreatment program approved under sections 402(a)(3) or 402(b)(8)
of the Act, is subject to a civil penalty not to exceed $25,000 per day for each violation. [40 CFR 122.41 (a)
(2)]
c. The Clean Water Act provides that any person who negligently violates sections 301, 302, 306, 307, 308, 318, or
405 of the Act, or any condition or limitation implementing any of such sections in a permit issued under
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section 402 of the Act, or any requirement imposed in a pretreatment program approved under section
402(a)(3) or 402(b)(8) of the Act, is subject to criminal penalties of $2,500 to $25,000 per day of violation, or
imprisonment of not more than 1 year, or both. In the case of a second or subsequent conviction for a
negligent violation, a person shall be subject to criminal penalties of not more than $50,000 per day of
violation, or by imprisonment of not more than 2 years, or both. [40 CFR 122.41 (a) (2)]
d. Any person who knosvingly violates such sections, or such conditions or limitations is subject to criminal
penalties of $5,000 to $50,000 per day of violation, or imprisonment for not more than 3 years, or both. In
the case of a second or subsequent conviction for a knowing violation, a person shall be subject to criminal
penalties of not more than $100,000 per day of violation, or imprisonment of not more than 6 years, or both.
[40 CFR 122.41 (a) (2)]
e. Any person who knowingly violates section 301, 302, 303, 306, 307, 308, 318 or 405 of the Act, or any permit
condition or limitation implementing any of such sections in a permit issued under section 402 of the Act,
and who knows at that time that he thereby places another person in imminent danger of death or serious
bodily injury, shall, upon conviction, be subject to a fine of not more than $250,000 or imprisonment of not
more than 15 years, or both. In the case of a second or subsequent conviction for a knowing endangerment
violation, a person shall be subject to a fine of not more than $500,000 or by imprisonment of not more than
30 years, or both. An organization, as defined in section 309(c)(3)(B)(iii) of the CWA, shall, upon conviction
of violating the imminent danger provision, be subject to a fine of not more than $1,000,000 and can be fined
up to $2,000,000 for second or subsequent convictions. [40 CFR 122.41 (a) (2)]
f. Under state law, a civil penalty of not more than $25,000 per violation may be assessed against any person
who violates or fails to act in accordance with the terms, conditions, or requirements of a permit. [North
Carolina General Statutes 5 143-215.6A]
g. Any person may be assessed an administrative penalty by the Administrator for violating section 301, 302,
306, 307, 308, 318 or 405 of this Act, or any permit condition or limitation implementing any of such
sections in a permit issued under section 402 of this Act. Administrative penalties for Class I violations are
not to exceed $10,000 per violation, with the maximum amount of any Class I penalty assessed not to exceed
$25,000. Penalties for Class II violations are not to exceed $10,000 per day for each day during which the
violation continues, with the maximum amount of any Class II penalty not to exceed $125,000. [40 CFR
122.41 (a) (3)]
2. Duty to Mitigate
The Permittee shall take all reasonable steps to minimize or prevent any discharge or sludge use or disposal in
violation of this permit with a reasonable likelihood of adversely affecting human health or the environment [40
CFR 122.41 (d)].
3. Civil and Criminal Liability
Except as provided in permit conditions on "Bypassing" (Part II. C. 4), "Upsets" (Part II. C. 5) and "Power
Failures" (Part II. C. 7), nothing in this permit shall be construed to relieve the Permittee ' from any.
responsibilities, liabilities, or penalties for noncompliance pursuant to NCGS 143-215.3, 143-215.6 or Section 309
of the Federal Act, 33 USC 1319. Furthermore, 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.
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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 150B-23].
8. Duty to Provide Information
The Permittee shall furnish to the Permit Issuing Authority, within a reasonable time, any information which the
Permit Issuing Authority may request to determine whether cause exists for modifying, revoking and reissuing, or
terminating this permit or to determine compliance with this permit. The Permittee shall also furnish to the
Permit Issuing Authority upon request, copies of records required by this permit [40 CFR 122.41 (h)].
9. Duty to Reapply
If the Permittee wishes to continue an activity regulated by this permit after the expiration date of this permit, the
Permittee must apply for and obtain a new permit [40 CFR 122.41 (b)].
10. Expiration of Permit
The Permittee is not authorized to discharge after the expiration date. In order to receive automatic
authorization to discharge beyond the expiration date, the Permittee shall submit such information, forms, and
fees as are required by the agency authorized to issue permits no later than 180 days prior to the expiration date.
Any Permittee that has not requested renewal at least 180 days prior to expiration, or any Permittee that does not
have a permit after the expiration and has not requested renewal at least 180 days prior to expiration, will subject
the Permittee to enforcement procedures as provided in NCGS 143-215.6 and 33 USC 1251 et. seq.
11. Sionator,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].
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b. All reports required by the permit and other information requested by the Permit Issuing Authority shall be
signed by a person described in paragraph a. above or by a duly authorized representative of that person. A
person is a duly authorized representative only if:
1. The authorization is made in writing by a person described above;
2. The authorization specified either an individual or a position having responsibility for the overall
operation of the regulated facility or activity, such as the position of plant manager, operator of a well or
well field, superintendent, a position of equivalent responsibility, or an individual or position having
overall responsibility for environmental matters for the company. (A duly authorized representative may
thus be either a named individual or any individual occupying a named position.); and
3. The written authorization is submitted to the Permit Issuing Authority [40 CFR 122.22]
c. Changes to authorization: If an authorization under paragraph (b) of this section is no longer accurate
because a different individual or position has responsibility for the overall operation of the facility, a new
authorization satisfying the requirements of paragraph (b) of this section must be submitted to the Director
prior to or together with any reports, information, or applications to be signed by an authorized
representative [40 CFR 122.22]
d. Certification. Any person signing a document under paragraphs a. or b. of this section shall make the
following certification [40 CFR 122.22]:
"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. 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 2H .0100; and North Carolina General Statute 143-215.1 et. al.
14. Annual Administering and Compliance Monitoring Fee Requirements
The Permittee must pay the annual administering and compliance monitoring fee within thirty days after being
billed by the Division. Failure to pay the fee in a timely manner in accordance with 15A NCAC 2H.0105 (b) (2)
may cause this Division to initiate action to revoke the permit.
Section C. Operation and Maintenance of Pollution Controls
Certified Operator
Upon classification of the permitted facility by the Certification Commission, the Permittee shall employ a
certified water pollution control treatment system operator in responsible charge (ORC) of the water pollution
control treatment system. Such operator must hold a certification of the grade equivalent to or greater than the
classification assigned to the water pollution control treatment system by the Certification Con nnission. The
Permittee must also employ one or more certified Back-up ORCs who possess a currently valid certificate of the
type of the system. Back-up ORCs must possess a grade equal to (or no more than one grade less than) the grade
of the system [15A NCAC 8G.0201].
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The ORC of each Class I facility must:
➢ Visit the facility at least weekly
➢ Comply with all other conditions of 15A NCAC 8G.0204.
The ORC of each Class II, III and IV facility must:
➢ Visit the facility at least five days per week, excluding holidays
➢ Properly manage and document daily operation and maintenance of the facility
➢ Comply with all other conditions of 15A NCAC 8G.0204.
Once the facility is classified, the Permittee shall submit a letter to the Certification Commission designating the
operator in responsible charge:
a. Within 60 calendar days prior to wastewater being introduced into a new system
b. Within 120 calendar days of:
➢ Receiving notification of a change in the classification of the system requiring the designation of a
new ORC and back-up ORC
➢ A vacancy in the position of ORC or back-up ORC.
2. Proper Operation and Maintenance
The Permittee shall at all times provide the operation and maintenance resources necessary.to operate the existing
facilities at optimum efficiency. The Permittee shall at all times properly operate and maintain all facilities and
systems of treatment and control (and related appurtenances) which are installed or used by the Permittee to
achieve compliance with the conditions of this permit. Proper operation and maintenance also includes adequate
laboratory controls and appropriate quality assurance procedures. This provision requires the Permittee to install
and operate backup or auxiliary facilities only when necessary to achieve compliance with the conditions of the
permit [40 CFR 122.41 (e)].
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 V. 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.
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(2) Bypass from the collection system is prohibited and the Permit Issuing Authority may take enforcement
action against a Permittee for a bypass as provided in any current or future system -wide collection system
permit associated with the treatment facility.
(3) The Permit Issuing Authority may approve an anticipated bypass, after considering its adverse effects, if
the Permit Issuing Authority determines that it will meet the three conditions listed above in Paragraph c.
(1) of this section.
U sets
a. Effect of an upset [40 CFR 122.41 (n) (2)]: An upset constitutes an affirmative defense to an action
brought for noncompliance with such technology based permit effluent limitations if the requirements of
paragraph b. of this condition are met. No determination made during administrative review of claims that
noncompliance was caused by upset, and before an action for noncompliance, is final administrative action
subject to judicial review.
b. Conditions necessary for a demonstration of upset: A Permittee who wishes to establish the
affirmative defense of upset shall demonstrate, through properly signed, contemporaneous operating logs, or
other relevant evidence that:
(1) An upset occurred and that the Permittee can identify the cause(s) of the upset;
(2) The Permittee facility was at the time being properly operated; and
(3) The Permittee submitted notice of the upset as required in Part II. E. 6. (b) of this permit.
(4) The Permittee complied with any remedial measures required under Part II. B. 2. of this permit.
c. Burden of proof [40 CFR 122.41 (n) (4)]: The Permittee seeking to establish the occurrence of an
upset has the burden of proof in any enforcement proceeding.
6. Removed Substances
Solids, sludges, filter backwash, or other pollutants removed in the course of treatment or control of wastewaters
shall be utilized/disposed of in accordance with NCGS 143-215.1 and in a manner such as to prevent any pollutant
from such materials from entering waters of the State or navigable waters of the United States. The Permittee
shall comply with all existing Federal regulations governing the disposal of sewage sludge. Upon promulgation of
40 CFR Part 503, any permit issued by the Permit Issuing Authority for the utilization/disposal of sludge may be
reopened and modified, or revoked and reissued, to incorporate applicable requirements at 40 CFR 503. The
Permittee shall comply with applicable 40 CFR 503 Standards for the Use and Disposal of Sewage Sludge (when
promulgated) within the time provided in the regulation, even if the permit is not modified to incorporate the
requirement. The Permittee shall notify the Permit Issuing Authority of any significant change in its sludge use
or disposal practices.
Power Failures
The Permittee is responsible for maintaining adequate safeguards (as required by 15A NCAC 2H.0124 —
Reliability) to prevent the discharge of untreated or inadequately treated wastes during electrical power failures
either by means of alternate power sources, standby generators or retention of inadequately treated effluent.
Section D. Monitoring and Records
Representative Sampling
Samples collected and measurements taken, as required herein, shall be characteristic of the volume and nature of
the permitted discharge. Samples collected at a frequency less than daily shall be taken on a day and time that is
characteristic of the discharge over the entire period the sample represents. All samples shall be taken at the
monitoring points specified in this permit and, unless otherwise specified, before the effluent joins or is diluted
by any other wastestream, body of water, or substance. Monitoring points shall not be changed without
notification to and the approval of the Permit Issuing Authority [40 CFR 122.41 (j)].
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2. Reporting
Monitoring results obtained during the previous month(s) shall be summarized for each month and reported on a
monthly Discharge Monitoring Report (DMR) Form (MR 1, 1.1, 2, 3) or alternative forms approved by the
Director, postmarked no later than the last calendar day of the month following the completed reporting period.
The first DMR is due on the last day of the month following the issuance of the permit or in the case of a new
facility, on the last day of the month following the commencement of discharge. Duplicate signed copies of
these, and all other reports required herein, shall be submitted to the following address:
NC DENR / Division of Water Quality / Water Quality Section
ATTENTION: Central Files
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
3. Flow Measurements
Appropriate flow measurement devices and methods consistent with accepted scientific practices shall be selected
and used to ensure the accuracy and reliability of measurements of the volume of monitored discharges. The
devices shall be installed, calibrated and maintained to ensure that the accuracy of the measurements is consistent
with the accepted capability of that type of device. Devices selected shall be capable of measuring flows with a
maximum deviation of less than 10% from the true discharge rates throughout the range of expected discharge
volumes. Flow measurement devices shall be accurately calibrated at a minimum of once per year and maintained
to ensure that the accuracy of the measurements is consistent with the accepted capability of that type of device.
The Director shall approve the flow measurement device and monitoring location prior to installation.
Once -through condenser cooling water flow monitored by pump logs, or pump hour meters as specified in Part I
of this permit and based on the manufacturer's pump curves shall not be subject to this requirement.
4. Test Procedures
Test procedures for the analysis of pollutants shall conform to the EMC regulations (published pursuant to
NCGS 143-215.63 et. seq.), the Water and Air Quality Reporting Acts, and to regulations published pursuant to
Section 304(g), 33 USC 1314, of the Federal Water Pollution Control Act (as Amended), and 40 CFR 136; or in
die case of sludge use or disposal, approved under 40 CFR 136, unless otherwise specified in 40 CFR 503, unless
other test procedures have been specified in this permit [40 CFR 122.41].
To meet the intent of the monitoring required by this permit, all test procedures must produce minimum
detection and reporting levels that are below the permit discharge requirements and all data generated must be
reported down to the minimum detection or lower reporting level of the procedure. If no approved methods are
determined capable of achieving minimum detection and reporting levels below permit discharge requirements,
then the most sensitive (method with the lowest possible detection and reporting level) approved method must
be used.
Penalties for Tampering
The Clean Water Act provides that any person who falsifies, tampers with, or knowingly renders inaccurate, any
monitoring device or method required to be maintained under this permit shall, upon conviction, be punished by
a fine of not more than $10,000 per violation, or by imprisonment for not more than two years per violation, or
by both. If a conviction of a person is for a violation committed after a first conviction of such person under this
paragraph, punishment is a fine of not more than $20,000 per day of violation, or by imprisonment of not more
than 4 years, or both [40 CFR 122.41].
6. Records Retention
Except for records of monitoring information required by this permit related to the Permittee's sewage sludge
use and disposal activities, which shall be retained for a period of at least five years (or longer as required by 40
CFR 503), the Permittee shall retain records of all monitoring information, including:
➢ all calibration and maintenance records
➢ all original strip chart recordings for continuous monitoring instrumentation
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➢ copies of all reports required by this permit
➢ copies of all data used to complete the application for this permit
These records or copies shall be maintained for a period of at least 3 years from the date of the sample,
measurement, report or application. This period may be extended by request of the Director at any time [40 CFR
122.41].
7. Recording Results
For each measurement or sample taken pursuant to the requirements of this permit, the Permittee shall record
the following information [40 CFR 122.41]:
a. The date, exact place, and time of sampling or measurements;
b. The individual(s) who performed the sampling or measurements;
c. The date(s) analyses were performed;
d. The individual(s) who performed the analyses;
e. The analytical techniques or methods used; and
f. The results of such analyses.
8. Inspection and Entr'
The Permittee shall allow the Director, or an authorized representative (including an authorized contractor acting
as a representative of the Director), upon the presentation of credentials and other documents as may be required
by law, to;
a. Enter upon the Permittee's premises where a regulated facility or activity is located or conducted, or where
records must be kept under the conditions of this permit;
b. Have access to and copy, at reasonable times, any records that must be kept under the conditions of this
Permit;
C. Inspect at reasonable times any facilities, equipment (including monitoring and control equipment), practices,
or operations regulated or required under this permit; and
d. Sample or monitor at reasonable times, for the purposes of assuring permit compliance or as otherwise
authorized by the Clean Water Act, any substances or parameters at any location [40 CFR 122.41 (i)].
Section E Reporting Requirements
Change in Discharge
All discharges authorized herein shall be consistent with the terms and conditions of this permit. The discharge
of any pollutant identified in this permit more frequently than or at a level in excess of that authorized shall
constitute a violation of the permit.
2. Planned Changes
The Permittee shall give notice to the Director as
additions to the permitted facility [40 CFR 122.41 (1)].
soon as possible of any planned physical alterations or
Notice is required only when:
a. The alteration or addition to a permitted facility may meet one of the criteria for new sources at 40 CFR
122.29 (b); or
b. The alteration or addition could significantly change the nature or increase the quantity of pollutants
discharged. This notification applies to pollutants subject neither to effluent limitations in the permit, nor to
notification requirements under 40 CFR 122.42 (a) (1).
c. The alteration or addition results in a significant change in the Permittee's sludge use or disposal practices,
and such alteration, addition or change may justify the application of permit conditions that are different
from or absent in the existing permit, including notification of additional use or disposal sites not reported
during the permit application process or not reported pursuant to an approved land application plan.
3. Anticipated Noncompliance
The Permittee shall give advance notice to the Director of any planned changes to the permitted facility or other
activities that might result in noncompliance with the permit [40 CFR 122.41 (1) (2)].
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4. Transfers
This permit is not transferable to any person except after notice to the Director. The Director may require
modification or revocation and reissuance of the permit to document the change of ownership. Any such action
may incorporate other requirements as may be necessary under the Clean Water Act [40 CFR 122.41 (1) (3)].
5. Monitoring Reports
Monitoring results shall be reported at the intervals specified elsewhere in this permit [40 CFR 122.41 (1) (4)].
a. Monitoring results must be reported on a Discharge Monitoring Report (DMR) (See Part II. D. 2) or forms
provided by the Director for reporting results of monitoring of sludge use or disposal practices.
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. Twenjy-four Hour Repotting
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)].
Noncompliance Notification
The Permittee shall report by telephone to either the central office or the appropriate regional office of the
Division as soon as possible, but in no case more than 24 hours or on the next working day following the
occurrence or first knowledge of the occurrence of any of the following:
a. Any occurrence at the water pollution control facility which results in the discharge of significant amounts of
wastes which are abnormal in quantity or characteristic, such as the dumping of the contents of a sludge
digester; the known passage of a slug of hazardous substance through the facility; or any other unusual
circumstances.
b. Any process unit failure, due to known or unknown reasons, that render the facility incapable of adequate
wastewater treatment such as mechanical or electrical failures of pumps, aerators, compressors, etc.
c. Any failure of a pumping station, sewer line, or treatment facility resulting in a by-pass directly to receiving
waters without treatment of all or any portion of the influent to such station or facility.
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Persons reporting such occurrences by telephone shall also file a written report within 5 days following first
knowledge of the occurrence.
10. Availability of Reports
Except for data determined to be confidential under NCGS 143-215.3 (a)(2) or Section 308 of the Federal Act, 33
USC 1318, all reports prepared in accordance with the terms shall be available for public inspection at the offices
of the Division. As required by the Act, effluent data shall not be considered confidential. Knowingly making
any false statement on any such report may result in the imposition of criminal penalties as provided for in
NCGS 143-215.1(b)(2) or in Section 309 of the Federal Act.
11. Penalties for Falsification of Reports
The Clean Water Act provides that any person who knowingly makes any false statement, representation, or
certification in any record or other document submitted or required to be maintained under this permit, including
monitoring reports or reports of compliance or noncompliance shall, upon conviction, be punished by a fine of
not more than $25,000 per violation, or by imprisonment for not more than two years per violation, or by both
[40 CFR 122.41].
12. Annual Performance Reports
Permittees who own or operate facilities that collect or treat municipal or domestic waste shall provide an annual
report to the Permit Issuing Authority and to the users/customers served by the Permittee (NCGS 143-215.1C).
The report shall summarize the performance of the collection or treatment system, as well as the extent to which
the facility was compliant with applicable Federal or State laws, regulations and rules pertauvng to water quality.
The report shall be provided no later than sixty days after the end of the calendar or fiscal year, depending upon
which annual period is used for evaluation.
PART III
OTHER REQUIREMENTS
Section A. Construction
The Permittee shall not commence construction of wastewater treatment facilities, not add to the plant's treatment
capacity, nor change the treatment process(es) utilized at the treatment plant unless the Division has issued an
Authorization to Construct (AtC) permit. Issuance of an AtC will not occur until Final Plans and Specifications for
the proposed construction have been submitted by the Permittee and approved by the Division.
Section B. Groundwater Monitoring
The Permittee shall, upon written notice from the Director, conduct groundwater monitoring as may be required to
determine the compliance of this NPDES permitted facility with the current groundwater standards.
Section C. Changes in Discharges of Toxic Substances
The Permittee shall notify the Permit Issuing Authority as soon as it knows or has reason to believe (40 CFR 122.42):
a. That any activity has occurred or will occur which would result in the discharge, on a routine or frequent
basis, of any toxic pollutant which is not limited in the permit, if that discharge will exceed the highest of the
following "notification levels";
(1) One hundred micrograms per liter 000 µg/L);
(2) Two hundred micrograms per liter (200 µg/L) for acrolein and acrylonitrile; five hundred micrograms
per liter (500 µg/L) for 2.4-dinitrophenol and for 2-methyl-4.6-dinitrophenol; and one milligram per liter
(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";
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(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. Evaluation of Wastewater Discharge Alternatives
The Permittee shall evaluate all wastewater disposal alternatives and pursue the most environmentally sound
alternative of the reasonably cost effective alternatives. If the facility is in substantial non-compliance with the terms
and conditions of the NPDES permit or governing rules, regulations or laws, the Permittee shall submit a report in
such form and detail as required by the Division evaluating these alternatives and a plan of action within 60 days of
notification by the Division.
Section E. Facility Closure Requirements
The Permittee must notify the Division at least 90 days prior to the closure of any wastewater treatment system
covered by this permit. The Division may require specific measures during deactivation of the system to prevent
adverse impacts to waters of the State. This permit cannot be rescinded while any activities requiring this permit
continue at the permitted facility.
PART IV
SPECIAL CONDITIONS FOR MUNICIPAL FACILITIES
Section A. Publicly Owned Treatment Works (POTWs)
All POTWs must provide adequate notice to the Director of the following:
1. Any new introduction of pollutants into the POTW from an indirect discharger which would be subject to
section 301 or 306 of CWA if it were directly discharging those pollutants; and
2. Any substantial change in the volume or character of pollutants being introduced by an indirect discharger
as influent to that POTW at the time of issuance of the permit.
3. For purposes of this paragraph, adequate notice shall include information on (1) the quality and quantity of
effluent introduced into the POTW, and (2) any anticipated impact of the change on the quantity or quality
of effluent to be discharged from the POTW.
Section B. Municipal Control of Pollutants from Industrial Users.
Effluent limitations are listed in Part I of this permit. Other pollutants attributable to inputs from
industries using the municipal system may be present in the Permittee's discharge. At such time as
sufficient information becomes available to establish limitations for such pollutants, this permit may be
revised to specify effluent limitations for any or all of such other pollutants in accordance with best
practicable technology or water quality standards.
2. Under no circumstances shall the Permittee allow introduction of the following wastes in the waste
treatment system:
a. Pollutants which create a fire or explosion hazard in the POTW, including, but not limited to,
wastestreams with a closed cup flashpoint of less than 140 degrees Fahrenheit or 60 degrees
Centigrade using the test methods specified in 40 CFR 261.21;
b. Pollutants which will cause corrosive structural damage to the POTW, but in no case Discharges
with pH lower than 5.0, unless the works is specifically designed to accommodate such Discharges;
C. Solid or viscous pollutants in amounts which will cause obstruction to the flow in the POTW
resulting in Interference;
d. Any pollutant, including oxygen demanding pollutants (BOD, etc.) released in a Discharge at a flow
rate and/or pollutant concentration which will cause Interference with the POTW;
e. Heat in amounts which will inhibit biological activity in the POTW resulting in Interference, but in
no case heat in such quantities that the temperature at the POTW Treatment Plant exceeds 40°C
(104°F) unless the Division, upon request of the POTW, approves alternate temperature limits;
Version 1011012007

PDES Permit Standard Conditions
Page 14 of 16
f. Petroleum oil, nonbiodegradable cutting oil, or products of mineral oil origin in amounts that will
cause interference or pass through;
g. Pollutants which result in the presence of toxic gases, vapors, or fumes within the POTW in a
quantity that may cause acute worker health and safety problems;
h. Any trucked or hauled pollutants, except at discharge points designated by the POTW.
3. With regard to the effluent requirements listed in Part I of this permit, it may be necessary for the
Permittee to supplement the requirements of the Federal Pretreatment Standards (40 CFR, Part 403) to
ensure compliance by the Permittee with all applicable effluent limitations. Such actions by the Permittee
may be necessary regarding some or all of the industries discharging to the municipal system.
4. The Permittee shall require any industrial discharges sending influent to the permitted system to meet
Federal Pretreatment Standards promulgated in response to Section 307(b) of the Act. Prior to accepting
wastewater from any significant industrial user, the Permittee shall either develop and submit to the
Division a Pretreatment Program for approval per 15A NCAC 2H .0907(a) or modify an existing
Pretreatment Program per 15A NCAC 2H .0907(b).
This permit shall be modified, or alternatively, revoked and reissued, to incorporate or modify an approved
POTW Pretreatment Program or to include a compliance schedule for the development of a POTW
Pretreatment Program as required under Section 402(b)(8) of the Clean Water Act and implementing
regulations or by the requirements of the approved State pretreatment program, as appropriate.
Section C. Pretreatment Programs
Under authority of sections 307(b) and (c) and 402(b)(8) of the Clean Water Act and implementing regulations 40
CFR Part 403, North Carolina General Statute 143-215.3 (14) and implementing regulations 15A NCAC 2H
.0900, and in accordance with the approved pretreatment program, all provisions and regulations contained and
referenced in the Pretreatment Program Submittal are an enforceable part of this permit.
The Permittee shall operate its approved pretreatment program in accordance with Section 402(b)(8) of the Clean
Water Act, the Federal Pretreatment Regulations 40 CFR Part 403, the State Pretreatment Regulations 15A
NCAC 2H .0900, and the legal authorities, policies, procedures, and financial provisions contained in its
pretreatment program submission and Division approved modifications there of. Such operation shall include
but is not limited to the implementation of the following conditions and requirements:
1. Sewer Use Ordinance (SUO)
The Permittee shall maintain adequate legal authority to implement its approved pretreatment program.
2. Industrial Waste Survey (IWS)
The Permittee shall update its Industrial Waste Survey (IWS) to include all users of the sewer collection
system at least once every five years.
3. Monitoring Plan
The Permittee shall implement a Division -approved Monitoring Plan for the collection of facility specific
data to be used in a wastewater treatment plant Headworks Analysis (HWA) for the development of
specific pretreatment local limits. Effluent data from the Plan shall be reported on the DMRs (as required
by Part II, Section D, and Section E.S.).
4. Headworks Analysis (IT\XiA) and Local Limits
The Permittee shall obtain Division approval of a Headworks Analysis (HWA) at least once every five
years, and as required by the Division. Within 180 days of the effective date of this permit (or any
subsequent permit modification) the Permittee shall submit to the Division a written technical evaluation
of the need to revise local limits (i.e., an updated HWA or documentation of why one is not needed) [40
CFR 122.44]. The Permittee shall develop, in accordance with 40 CFR 403.5(c) and 15A NCAC 2H .0909,
specific Local Limits to implement the prohibitions listed in 40 CFR 403.5(a) and (b) and 15A NCAC 2H
.0909.
Version 10/10/2007

)ES Permit Standard Conditions
Page 15 of 16
5. Industrial User Pretreatment Permits (IUP) & Allocation Tables
In accordance with NCGS 143-215.1, the Permittee shall issue to all significant industrial users, permits for
operation of pretreatment equipment and discharge to the Permittee's treatment works. These permits
shall contain limitations, sampling protocols, reporting requirements, appropriate standard and special
conditions, and compliance schedules as necessary for the installation of treatment and control
technologies to assure that their wastewater discharge will meet all applicable pretreatment standards and
requirements. The Permittee shall maintain a current Allocation Table (AT) which summarizes the results
of the Headworks Analysis (HWA) and the limits from all Industrial User Pretreatment Permits (IUP).
Permitted IUP loadings for each parameter cannot exceed the treatment capacity of the POTW as
determined by the HWA.
Authorization to Construct (AtQ
The Permittee shall ensure that an Authorization to Construct permit (AtC) is issued to all applicable
industrial users for the construction or modification of any pretreatment facility. Prior to the issuance of
an AtC, the proposed pretreatment facility and treatment process must be evaluated for its capacity to
comply with all Industrial User Pretreatment Permit (IUP) limitations.
POTW Inspection & Monitoring of their SIUs
The Permittee shall conduct inspection, surveillance, and monitoring activities as described in its Division
approved pretreatment program in order to determine, independent of information supplied by industrial
users, compliance with applicable pretreatment standards. The Permittee must:
a. Inspect all Significant Industrial Users (SIUs) at least once per calendar year; and
b. Sample all Significant Industrial Users (SIUs) at least twice per calendar year for all permit -
limited pollutants, once during the period from January 1 through June 30 and once during the
period from July 1 through December 31, except for organic compounds which shall be sampled
once per calendar year;
8. SIU Self Monitoring and Reporting
The Permittee shall require all industrial users to comply with the applicable monitoring and reporting
requirements outlined in the Division -approved pretreatment program, the industry's pretreatment permit,
or in 15A NCAC 2H .0908.
9. Enforcement Response Plan (ERP)
The Permittee shall enforce and obtain appropriate remedies for violations of all pretreatment standards
promulgated pursuant to section 307(b) and (c) of the Clean Water Act (40 CFR 405 et. seq.), prohibitive
discharge standards as set forth in 40 CFR 403.5 and 15A NCAC 2H .0909, and specific local limitations.
All enforcement actions shall be consistent with the Enforcement Response Plan (ERP) approved by the
Division.
10. Pretreatment Annual Reports AR)
The Permittee shall report to the Division in accordance with 15A NCAC 2H .0908. In lieu of submitting
annual reports, Modified Pretreatment Programs developed under 15A NCAC 2H .0904 (b) may be
required to meet with Division personnel periodically to discuss enforcement of pretreatment requirements
and other pretreatment implementation issues.
For all other active pretreatment programs, the Permittee shall submit two copies of a Pretreatment
Annual Report (PAR) describing its pretreatment activities over the previous twelve months to the
Division at the following address:
NC DENR / DWQ /. Pretreatment Unit
1617 Mail Service Center
Raleigh, NC 27699-1617
Version 1011012007

PDES Permit Standard Conditions
Page 16 of 16
These reports shall be submitted according to a schedule established by the Director and shall contain the
following:
a.) Narrative
A brief discussion of reasons for, status of, and actions taken for all Significant Industrial
Users (SIUs) in Significant Non -Compliance (SNC);
b.) Pretreatment Program Snjjj r (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 Summa , Forms JDSQ
Monitoring data from samples collected by both the POTW and the Significant Industrial
User (SIU). These analytical results must be reported on Industrial Data Summary Forms
(IDSF) or other specific format approved by the Division;
e.) Other Information
Copies of the POTW's allocation table, new or modified enforcement compliance schedules,
public notice of SIUs in SNC, and any other information, upon request, which in the
opinion of the Director is needed to determine compliance with the pretreatment
implementation requirements of this permit;
11. Public Notice
The Permittee shall publish annually a list of Significant Industrial Users (SIUs) that were in Significant
Non -Compliance (SNC) as defined in the Permittee's Division -approved Sewer Use Ordinance with
applicable pretreatment requirements and standard-, during the previous twelve month period. This list
shall be published within four months of the applicable twelve-month period.
12. Record Keeping
The Permittee shall retain for a minimum of three years records of monitoring activities and results, along
with support information including general records, water quality records, and records of industrial impact
on the POTW.
13. Funding and Financial Report
The Permittee shall maintain adequate funding and staffing levels to accomplish the objectives of its
approved pretreatment program.
14. Modification to Pretreatment Programs
Modifications to the approved pretreatment program including but not limited to local limits
modifications, POTW monitoring of their Significant Industrial Users (SIUs), and Monitoring Plan
modifications, shall be considered a permit modification and shall be governed by 15 NCAC 2H .0114 and
15A NCAC 2H .0907.
Version 1011012007

Beverly Eaves Perdu
Governor
ADAM MOPSICK
';IP
NCDENR
North Carolina Department of Environment and Natural
Division of Water Quality
e Coleen H. Sullins
Director
MANAGER
FRENCH BROAD RIVER GROUP OF NC
2400 NE 2ND AVE STUDIO B
MIAMI FL 33137
Dear Mr. Mopsick:
March 30, 2010
Resources
Dee Freeman
Secretary
Subject: Receipt of permit renewal application
NPDES Permit NCO088757
Riverview Development
Buncombe County
The NPDES Unit received your permit renewal application on March 22, 2010. A member of the NPDES
Unit will review your application. They will contact you if additional information is required to complete your
permit renewal. You should expect to receive a draft permit approximately 30-45 days before your existing permit
expires.
If you have any additional questions concerning renewal of the sub)ect permit, please contact Jeff Poupart at
[phone].
Sincerely,
Dina Sprinkle
Point Source Branch
cc: CENTRAL FILES
p shev lle_oria-I-Q fice/Surface Water Protection
NPDES Unit
1617 Mail Service Center, Raleigh, North Carolina 27699-1617
Location: 512 N. Salisbury St. Raleigh, North Carolina 27604 One
��+ 1
Phone: [phone] \ FAX: [phone] \ Customer Service: 1-877-623-6748 Nort h.Caroli.na
Internet: www.ncwaterquality.org � �p9���,� ,
An Equal Opportunity `, Affirmative Action Employer v �! 6 i

i
March 10, 2010
Mrs. Dina Sprinkle
NC DENR / DWQ / Point Source Branch
1617 Mail Service Center
Raleigh, NC 2769.9-1617
I �
i
Regarding NPDES Renewal Application for Permit NCO088757
Dear Ms. Sprinkle:
I
French Broad River: Group is respectfully submitting the renewal application for the above
referenced NPDES permit. Enclosed is the Short Form D Application. Please note that the
facility has not yet been constructed.. No sludge is being generated and there is no effluent to
monitor. i 1
If there are anyquestions or additional information needed please feel free to contact me at
[phone], ext 22 or by email at adam.mopsick@a,amicondevelopment com, or feel free to
i.contact our project engineer, Mr. Mark Brooks at [phone] or mbrooksna brooksea.com.
We appreciate your:review of this application.
Sincerely,
Adam Mopsick
French Broad River Group of NC

NPDES APPLICATION - FORM D
For privately, owned treatment systems treating 100% domestic was
Mail the complete application to:
N. C. Department of Environment and Natural Resou�
Division of Walter Quality / NPDES Unit i
1617 Mail Service Center, Raleigh, NC 27699-1611
NPDES Permit OCOOSS75
Y you are completing this form in computer use. the TAB key or the up - down
To
fieldto the next. !check the boxes, click yourmouse on top of the box Othend,
1. Contact Information:
Owner Name 1 1 French Broad River Group of NC
Facility Name Riverview development
Mailing Address;i 2400 NE 2nd Ave Studio B
City Miami
State Zip Code j FL 33137
Telephone Number! (95.4)458-7828
Fax Number
e-mail Address [e-mail].
2. Location of 'facility producing discharge:
Check here if same address as above F
Street Address or State Road . .525 Old Marshall Hwy
City Alexander
State Zip Code NC 28701
County i Buncombe
3. Operator Information:
Name of the firm, (public organization or other entity that operates the faci4
referring to the Operator in Responsible Charge or ORC)
Name French Broad River Group of NC
Mailing Address' 2400 NE 2nd Ave. Studio B
City j Miami
; I
State Zip Code
Telephone Numbef.
Fax Number
1 of 4
waters <1.0 MGD
's
crows to move from one
please print or ty
pe.
arm-D 1/06,

NPDES APPLICATION - FORM D
For privately owned treatment systems treating 100% domestic wastewaters <1.0 MGD
4. Descriptionofwastewater:
Facility Generating Wastewater(check all that applyp.
Industrial
Commercial ;
Residential
School
Other
Describe the sourc
restaurants, etc:):
Riverview is a resit
clubhouse or other
❑ Number of Employees
❑ Number of Employees
® Number of Homes 160
❑ Number of Students/Staff
❑ Explain:
:(s) of wastewater (example: subdivision, mobile home I
antial subdivision with small (< 1200 si) single family rc
amenities. There is. no commercial development associ;
Population served:;=2.5xl60 = 400
j
,
5. Type of collection system
® Separate (sanitary sewer only) ❑ Combined (storm sewer and
6. Outfall Information:
Number of separate discharge points 1
Outfall Identification number(s) to be assigned
i
Is the outfall equipped with a diffuser?. ❑ Yes ❑ No
shopping centers,
.tial homes. There is no
with 'the subdivision.
i
ary sewer)
7. Name of receiging'stream(s) (Provide a map shoufing the exact location of each outfallp.
French BroadRiver. The location is N 35.70929 and W 82.62194. The discharge location Map i
provided as Figure 2 in the EAA.
S. Frequency of Discharge: ® Continuous ❑ Intermittent
If intermittent:
Days per week ;discharge occurs: Duration:
is
9. Describe the treatment system.
List all installed icomponents, including capacity, provide design removal for BOD, TSS, nitrogen and
phosphorus. If the' space provided is not sufficient, attach. the description of the treatment system in a
separate sheet of paper.
The proposed treatment system is an extended aeration activated sludge!biological
treatment plant designed for 50,000 gpd in antfciaption of secondary dsicharge limts
being required. Should tighter discharge limits be required, an different treatment plant
technology may be selected. Anticipated discharge limits are to be designed to meet or
exceed monthly average limits of 30 mg/1 five day BOD, 30 mg/l TSS, 15 mg/i Ammonia,
and 200 cfu/ 100ml fecal coliform.
i
j
2 of 4 Form-D 1 /06
j

10. Flow
Treatment Tlant Design flow .050 MGD- j
i
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 country? j
❑ Yes ® No i
12. Effluent Data
Provide data for the parameters listed. Fecal Coliform; Temperature and pH shall be grab samples, for all other
parameters 24-hour composite sampling shall be used. Effluent testing data must be based on at least three samples
and must be no morel than four and one half years old.
j
Parameter
Daily
Maximum
Monthly
Averse
Units! of.
Measurement
Number of j
Samples
Biochemical Oxygen Demand
(BODs)
'
Fecal Coliform
Total Suspended Solids
Temperature (Summer)
i
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 Dredge or fill (Section:404 or CWA�
i
PSD (CAA) i Special Order of Consent (SOC)
Non -attainment program (CAA) Other I
14. APPLICANT CERTIFICATION
i
I certify that I am familiar with the information contained in the apes
best of my knowledge.and belief such information is true, complete, and'a'i
j)
Adam Mopsick Manaster
Printed .name of Person Signing Title
3 of 4
j
Permit Number

NPDES APPLICATION - FORM D
o rivately ow d treatm nt systems treating 100% owe tic wastewaters <1.0 MGD
%7 ?
Signature of Applicant ate
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 documient files or required to be
maintained under Article 21 or regulations of the Environmental Management Eommissioni implementing that Article, or
who falsifies, tampers; with, or knowly renders inaccurate any recording or, monitoring device or 'method required to be
operated or maintained under Article 21 or regulations of the EnvironmentalManagement Commission implementing
that Article, shall be guilty of a misdemeanor punishable by a fine not to exceed $25,0601 or by imprisonment not to
exceed six months; or. by both. (18 U.S.C. Section 1001 provides a punishment by a Le' of not more than $25,000 or
imprisonment not more than 5 years, or both, for a similar offense.)
i
I
f
i
1 j
1 i i
i
i
'I
4of4

V.
DENR/DWQ
FACT SHEET FOR NPDES PERMIT DEVELOPMENT
NPDES No. NCO088439
Facility Information
Applicant/Facility Name:
Riverview Development WWTP -
Applicant Address:
2400 NE 2nd Avenue, Studio B, Miami, FL 33137
Facility Address:. '
525 Old Marshall Hwy, Alexander, North Carolina
Permitted Flow:
0.05 MGD
'Type of Waste: ` :
100% Domestic.
Other Perirut "s,
N/A .
Facility / Permit Status:
Class H / New
` County: ` .
Buncombe County
Miscellaneous
Receiving Stream -
French Broad
River
Regional Office
Asheville''
Stream Classification:
B
USGS To "o`Quad-., :-
F08NE
303 "d °Listed?
No
Permit Writer.:,
Ser ei Chernikov
''.Subbasiri:.
04-03-02
Date7
1 May 1, 20,08
Draina a"Area miZ)
1050
Lat. 350 42' 59" N Lona. 82037' 30" W
Summer ? 1:0 (cfs
470
W.inter�7Q1.0 (cfs) � "`
595
30.< 2: cfs
884
Average Flow "efs ..
2140
IWC 0/ok
0.02%
BACKGROUND:
Riverview Development WWTP is a proposed Class II, 100% domestic wastewater treatment
system that will treat waste from a development that consists of 160 two and three bedroom
modular cabin units. The EAA for this facility has been approved on April '2, 2008. Effluent
limitations are based on the Level B model, which was completed on April 25, 2008. The
Division found discharge to be the most economically feasible, environmentally sound
alternative.
PROPOSED SCHEDULE FOR PERMIT ISSUANCE:
Draft Permit to Public Notice: May 2, 2008 (est.)
Permit Scheduled to Issue: June 30, 2008 (est.)
NPDES CONTACT:
If you have questions regarding any of the above information or on the attached permit, please
contact Sergei Chemikov at [phone] ext. 594.
REGIONAL OFFICE COMMENTS:
REGIONAL OFFICE HAS NO OBJECTIONS.
Fact Sheet"
NPDES NCO088757 New

�OF W %ITF9Q - Michael F. asley
O G pp Governor
uj William G. Ross, Jr., Secretary
r ©DENR
r- North Carolina Department of Environment and Natural Resources
Alan Klimek, P.E., Director
Divisio�-o�lt\Iate,rQuality
April 2, 2008 C-
I
APR - 3.2008
Adam Mopsick
Atnicon Development WATER QUALITY SECTION
nd ASHrVI_{_E REGIGNAL OFFICE
2400 NE 2 Avenue, Studio B
Miami, Florida 33137
Subject: Engineering Alternative Analysis (EAA)
Permit NCO088757
Riverview Development
Buncombe County
Dear Mr. Mopsick:
The Division of Water Quality (Division) has reviewed your Engineering Alternative Analysis (EAA) for
the Riverview Development. 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
�As llF R,egtonal Office/Surface_Water P_rotecti_o_n
Mark Brooks, P.E.
Brooks Engineering Associates, PA
17 Arlington Street, Asheville, NC 28801
N. C. Division of Water Quality / NPDES Unit Phone: {919) 733-5083, extension 594
1617 Mail Service Center, Raleigh, NC 27699-1617 Fax: [phone]
Internet: h26.enr.state.nc.us e-mail: [e-mail]

E]Ffti COPY
March 31, 2008
MEMO TO: Dina Sprinkle
Point Source Branch
FROM: Roy Davis
ARO
SUBJECT: NPDES Permit Application NCO088757
Riverview Development
Buncombe County
Reference is made to the NPDES Permit application submitted on March 20,
2008 by French Broad River Group of NC seeking to obtain a NPDES permit to
treat and discharge 50,000 gpd of domestic wastewater to be generated by a
development proposed for construction in northern Buncombe County near the
French Broad River.
On March 28, 2008; in the company of Mark Brooks, PE; I inspected the site -
proposed for the location of the proposed wastewater treatment plant. The site is
on a piece of land bounded by the French Broad River on one side and North ;
Carolina .Highway 251 on the other. The site rises, in a couple of shelves, fairly...:
steeply until it reaches the elevation of Highway 251. Given that the site is
adjacent to the French Broad River, the review will want to determine whether.
the proposed plant is protected from the 100-year flood. It is my
recommendation that, following standard review, a NPDES permit be issued.
CAP: :231-1306
G:\WPDATA\DEMWQ\Buncombe\88757 Riverview.doc

RIVERVIEW DEVELOPMENT
BUNCOMBE COUNTY, NO
ENGINEERING ALTERNATIVES
ANALYSIS
(EAA)
PREPARED FOR:
NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND
NATURAL RESOURCES
DIVISION OF WATER QUALITY - NPDES UNIT
1 617 MAIL SERVICE CENTER
RALEIGH, NC 27699-1 61 7
MARCH 11, 2❑❑8
BROOKS ENGINEERING ASSOCIATES
PROJECT N❑. 1 71 ❑❑6
17 Arlington Street
Asheville, NC 28801
828.232.4700

RIVERVIEW DEVELOPMENT
BUNCOMBE COUNTY, NORTH CAROLINA
r
ENGINEERING ALTERNATIVES ANALYSIS
(EAA)
Prepared for:
North Carolina Department of Environment and Natural Resources
Division of Water Quality — NPDES Unit
4 i
1617 Mail Service Center
Raleigh, NC 27699-1617
```�tlllltdllFF/F`'
iA CARO,
S L
it o
�i 'v , i:9 f •y�0�
`BFI7t{{ISI`a
March 11, 2008
Brooks Engineering Associates, P.A.
Project No.: 171006

1.0 Introduction
This Engineering Alternatives Analysis (EAA) is provided as part of the application for
a new NPDES permit for the Riverview Condominium Development in accordance with
15A NCAC 2H.0105. The purpose of this EAA is to determine the technical and
economic feasibility of wastewater disposal options available for the development.
As part of the 1972 Clean Water Act, discharge to surface waters is considered only as
a last resort. Brooks Engineering Associates has evaluated all of the alternatives and
has concluded that the surface discharge permit is the only viable option for the
applicant. The property was purchased with the intent of developing over 120 modular
units at the site. A preliminary soil report by Catena Group indicated that there was
sufficient suitable/provisionally suitable soil on site to serve the proposed development
with subsurface or surface land disposal wastewater options. However, upon initiation
of a permit level investigation of the soil conditions by Brooks & Medlock Engineering's
soil scientists, it was determined that the clay content in the soil was expansive and
therefore unsuitable for a land disposal system. The Buncombe County Health
Department confirmed these findings. This was after the developer had made a
substantial investment in the property. Grading and site development has begun.
Applicant Information
Pertinent information regarding the applicant and this application is as follows.
Property Owner: French Broad River Group of NC
3800 South Ocean Drive
Hollywood, FL 33019
[phone]
Attn: Ross Adickman
NPDES Permit Applicant:
Brooks Engineering Associates, P.A.
BEA Project No. 171006
French Broad River Group of NC
3800 South Ocean Drive
Hollywood, FL 33019
[phone]
Attn: Ross Adickman
Engineering Alternatives Analysis
Riverview Development
1

EAA Preparers Information: Brooks Engineering Associates, PA
17 Arlington Street
Asheville, NC 28801
[phone]
Contact: Mark C. Brooks, P.E.
Property Information
The subject property is located in Buncombe County at the intersection of Old Marshall
Highway (US 25/70) and Fletcher Martin Road (NC 1620). The parcel, approximately
50.72 acres is identified by Buncombe County as Tax Map ID No. 9723-04-53-9341.
The subject site is currently forest land. The Old Marshall Highway (US 25/70) borders
the property to the southwest. The French Broad River parallels the Old Marshall
Highway across the street from the development.
The development project consists of proposed 160 two and three bedroom modular
cabin units on the 50.72 acres. Half of the units are anticipated to be two bedrooms
and half of the units are anticipated to be three bedrooms. The site water service will
be provided by transient non -community (as defined in 15A NCAC 18C) water supply
wells on the property. The site layout is provided as Figure 1. The units are termed
"condominium units" as they are sold as detached condominiums, with conveyance of
land. The Local Government Review Form is provided as Attachment A.
r A general site location map has been included as Figure 2 depicting the discharge
r location. The proposed wastewater receiving stream is the French Broad River. The
- design flow for the project is calculated to be 48,000 gallons per day (gpd) based upon
120 gpd/bedroom in accordance with 15A NCAC 2H 0.219. One half of the units are
anticipated to be 2 bedroom and one half are anticipated to be three bedrooms. The
requested permit discharge allocation has been rounded up to 50,000 gpd.
Brooks Engineering Associates, P.A.
BEA Project No. 171006
Engineering Alternatives Analysis
Riverview Development
2

2.0 Initial Discharge Determination
Brooks Engineering Associates has performed an initial determination regarding the
potential of the receiving stream to accommodate the proposed developments' design
wastewater flow of 50,000 gpd. The discharge location longitude and latitude are
provided on Figure 3. Initially, the receiving stream, the French Broad River, was
researched for limiting classifications and the following determinations were made:
♦ The French Broad River has no zero -flow restrictions per 15A NCAC 2B.0206
�r
(d)(2);
♦ The French Broad River is classified as a Class B River (Stream Index No. 6-
(54.5), Map No. EBNW Weaverville Quad);
♦ River Segment Index No. 6-(54.5) of the French Broad River is not designated as
an Impaired Water and has no designated TMDLs;
♦ This segment of the French Broad River has no known presence of endangered
species. David Hill of NCDENR DWQ said that the subbasin number is not
' available because these are currently being changed; and
♦ Class B waters have no restrictions on watershed development or types of
discharges.
A basin plan does exist for the receiving stream watershed. The French Broad River
Basin Plan was implemented in 1995, renewed in May 2000 and again in April 2005.
The plan does not include any discharge restrictions or moratoriums, with the
exception of Impaired Waters identified in different sections of the river.
:Y To address potential deficiencies of the receiving stream regarding flow, BEA staff
conducted an investigation by confirming a positive 7Q10 "low stream flow' for the
French Broad River with the USGS. These activities are discussed below.
On April 13, 2007 BEA staff contacted Mr. Curtis Weaver, PE of the USGS in Raleigh,
North Carolina. Mr. Weaver is the principal engineer in charge of making stream flow
determinations for the Raleigh USGS office. The 7-day 10-year low flow (7Q10) is the
governing stream criteria for wastewater point source discharges for flow acceptance.
Brooks Engineering Associates, P.A.
BEA Project No. 171006
Engineering Alternatives Analysis
Riverview Development
3

Mr. Weaver replied via e-mail that there were two existing stations nearby on the
French Broad River. The USGS operates continuous -record stream gauging stations
on the French Broad River, including one upstream at Asheville (station id 03451500,
drainage area 945 sq mi) and one downstream near Marshall (station id 03453500,
drainage area 1332 sq mi). 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.
Mr. Weaver went on to state that the site is closer to the Asheville gauging station, so it
would be reasonable to lean towards use of the 7Q10 yield from this station (0.45
cfsm) while recognizing that some change in low -flow characteristics between the two
gauging stations appears to exist. Applying the yield of 0.45 cfsm to the drainage area
(1050 sqmi) of the site results in a 7Q10 flow estimate of about 470 cfs (303,768,900
gpd) that can be considered applicable to this site. Given the design flow for the
Riverview Development plans is 50,000 gpd, less than 0.02% of the 7Q10 flow, stream
flow does not appear to be a prohibitive factor.
Therefore, based upon the preliminary investigation, it appears there are no flow or
water quality restrictions on the French Broad River that would immediately prohibit
discharge of domestic wastewater with a standard level of treatment to surface waters.
Brooks Engineering Associates, P.A.
BEA Project No. 171006
Engineering Alternatives Analysis
Riverview Development
4

3.0 Technical Evaluation of Alternatives
3.1 Connection to Existing Waste Treatment Plant
Figure 4 shows a map of the two closest existing Wastewater Treatment Facilities. .
The most feasible connection to an existing waste treatment plant or municipal system
would be to the Buncombe County Municipal Sewer District (MSD) treatment plant
located approximately 4.75 miles from the subject site. There are no connections to
MSD's collection system any closer than the plant itself. This potential connection
location is a wastewater treatment plant serving the metropolitan sewerage district of
Buncombe County (NPDES Permit No. NCO024911). This facility is permitted for 40
MGD. The route to the MSD Buncombe County WWTF has approximately 205 ft of
elevation gain from the low elevation of the proposed site, so a pump station and force
main construction would be required to connect to this system. MSD has been
approached about permitting an extension of their sewer system from the subject site
to their collection system and they have stated they would not permit a new pump
station and force main from the subject site location to their plant. Additionally, the NC
Department of Transportation does not typically allow privately owned force mains in
the state right-of-way running parallel to the road for any significant length. Only
perpendicular crossings are routinely allowed.
The next closest wastewater treatment facility is the town of Marshall WWTF
(NC0021733). The facility is located approximately 11.5 miles down stream from the
subject site. Pump stations and force mains would also be required if the sewer line
were to follow the Old Marshall Highway (US 25/70) to the Marshall system.
It is the conclusion of BEA that the connection to an existing WWTF or municipal
collection system is not economically feasible nor permittable.
Brooks Engineering Associates, P.A.
BEA Project No. 171006
Engineering Alternatives Analysis
Riverview Development
5

3.2 Individual or Group Septic Systems
The proposed development includes 160 units on 50.72 acres. The average lot size is
approximately 1/4 acre or less, and the homes are two to three bedrooms. General
guidelines by health departments suggest a minimum of 1/2 acre lots for an individual
primary septic system and repair area. The initial development plan was to cluster the
modular units and have them served by a common on -site, septic system.. This was
investigated initially with a preliminary soil assessment by Catena Group of Raleigh,
NC. The Catena group identified over 10 acres of suitable and/or provisionally suitable
soils based upon a limited number of borings. The report indicated a high clay content
in the soils, which was reflected in a low soil loading rate, but there was no discussion
of soil plasticity. The Catena Group returned to the site to perform a permit level
investigation and attempt to find suitable soils for a cluster of 10 units. The County
denied this application. The denial letter and Catena Group report are provided as
Attachment B.
Upon approval of the development plans by Buncombe County, a North Carolina
Registered Soil Scientist from Brooks & Medlock Engineering (currently Brooks
Engineering Associates) performed a Soils Evaluation on remaining portions of the
site. Upon investigating all representative areas of the 50 acres site, sufficient
drainfield area for six modular units was found and permitted. No other suitable areas
are identified. The report identifies A and B horizon soils have a high clay content that
were initially identified as "expansive". This was confirmed by laboratory testing as the
soils had a high cation exchange capacity (CEC). Upon investigation of the entire
site, sufficient drainfield area was found for six units with a combined design flow of
1,050 gpd. These units have been permitted by the Buncombe County Environmental
Health Department (EHD). The EHD has inspected soil pits across the remaining
portions of the site and found the soil conditions unsuitable for any type of
conventional or innovative subsurface on -site wastewater systems. The Brooks
Engineering Associates soils report letter summarizing the findings is provided in
Attachment C. Given the expansive clay in the upper soil horizons, the project soil
scientist has determined that the site is unsuitable for either subsurface or surface
application of treated wastewater.
Brooks Engineering Associates, P.A.
BEA Project No. 171006
Engineering Alternatives Analysis
Riverview Development
0

If it was determined that adjacent property owners have suitable soil conditions (which
has not been ascertained), enough property would have to be acquired to sustain the
remaining 146 unpermitted units (43,800 gpd). For a community system, the
remaining 43,800 gpd would require 16.76 acres for primary and repair drainfield area
for a drip disposal system with a 0.15 gpd/ft2 LTAR (see Attachment D for
calculations). There is no available space on the proposed site with suitable or
provisionally suitable soil conditions. All of the acreage needed for a drip system
would have to be acquired from adjacent property owners. Additionally, any system
over 3,000 gpd has to prove sufficient "conveyance capacity," or lateral hydraulic
conveyance. The probable shallow condition of the confining layer, identified as a
depth to bedrock and an impermeable plastic soil layer, make the conveyance capacity
very low, which would likely further reduce the capacity of the acquired land to
accommodate the necessary design flow.
Therefore, the soil conditions render a large on -site septic system as unfeasible for the
proposed project. At a minimum, an additional 16.76 acres (plus acreage for setbacks
and constructability) would have to be purchased for a community drip system
permitted under the 15A NCAC 18A .1900 regulations. The additional land purchase
option is evaluated in subsequent sections.
3.3 Land Application & Reuse
A full investigation of the feasibility of a land application system typically encompasses
the following evaluations:
1. Soils Evaluation (to determine saturated hydraulic conductivity rates);
2. Agronomist Evaluation (to determine nutrient balance);
3. Hydrogeologic Evaluation (to determine water table and lateral flow); and
4. Water Balance Evaluation (to determine storage requirements).
The irrigation rate is derived from soil saturated hydraulic conductivity measurements
and a water balance based upon regional rain and evapotranspiration and storage
provided. Based upon other regional projects, an irrigation rate of 1 inch per week
(0.089 gpd/ft2) is an assumed reasonable irrigation rate that will not necessitate
restrictions based upon hydrologic or nutrient loading. If standard setbacks for a drip
Brooks Engineering Associates, P.A.
BEA Project No. 171006
Engineering Alternatives Analysis
Riverview Development
7

irrigation system (non -reuse quality effluent) are utilized, 11.3 acres would be required
for the disposal area and an additional 3.2 acres (14.5 acres total) would be required
to accommodate setbacks. If the WWTF can provide "reuse" quality effluent, these
setbacks could be essentially eliminated by virtue of the NCAC 18A 2T .0900
regulations, resulting in only the11.3 wetted acres required. The soil scientist report
has identified no area suitable for land application. Also, under this type of approval a
wet weather storage pond, typically sized for 30 days of wet weather storage (1.5
million gallons) must be sited to comply with the 18A 2T .0900 regulations, which
would be very difficult to site on the steep site terrain. Also, an additional pond sized
for five days of storage (250,000 gallons) would have to be provided to accommodate
"upset" conditions.
Again, the basic land requirements result in this disposal option as being unfeasible for
the proposed 160 unit development. At a minimum, an additional 11.3 acres would
have to be purchased for the disposal area and an additional two acres would be
required for the necessary storage ponds under the 15A NCAC 18A 2T .0900
requirements. The additional land purchase option is evaluated in subsequent
sections.
Acquiring Additional Property for Disposal
Adjacent property owners on the east include Leland G. Baggett III (10.44, acres, Deed
Book 2612/, page 112); Robert Markman (10.44 acres, Deed Book 3195,.page 100);
and Karen Hartman (10.44 acres, Deed Book 2426, page 267); to the north Deering —
Hester LLC (47.51 acres, Deed Book 2287, page 776); and on the west Gary J. and
Leisa B. Roberts (67.19 acres, Deed book 1926, page 298) and Earl D. and Louise M.
Bailey (28.9 acres, Deed book 903, page 173). These are the only tracts in the
immediate vicinity with enough acreage to potentially accommodate a septic or land
application system. The adjoining property owners are shown on the attached "Site
Layout" map (Figure 1).
Each of these property owners were contacted for possible land acquisition by French
Broad River Group of North Carolina representatives. No positive response was
received from any of the neighboring land owners.
Brooks Engineering Associates, P.A.
BEA Project No. 171006
Engineering Alternatives Analysis
Riverview Development

This option was thoroughly investigated. It was determined there was no reasonable
potential for sufficient additional land acquisition to accommodate a land absorption
disposal option. However, a PVCA is provided in Section 4.0 assuming land was
available.
3.4 Direct Discharge to Surface Waters
As discussed in Section 2, discharge to surface waters is found to be a technically
viable option as the initial evaluation has revealed the following conditions.
♦ The French Broad River has no zero -flow restrictions per 15A NCAC
213.0206 (d)(2).
♦ The French Broad River has a classification as a Class B river.
♦ This section of the French Broad River is not designated as impaired
stream and has no designated TMDLs.
♦ This section of the French Broad River has no presence of endangered
species.
♦ The French Broad River Basin Plan does not restrict additional point
source discharge per the existing plan.
-I 3.5 Combination of Alternatives
i Neither the subsurface disposal or land application alternatives are viable for the
development due to unsuitable soil conditions. A combination of discharge and land
application or subsurface disposal could be effective if there were a neighboring
property for sale with suitable soil conditions, but this is not the case.
Therefore, the only feasible option left for the development is a discharge permit. In
accordance with the intent of the 1972 Clean Water Act and 15A NCAC 2H.0105
requirements, the lack of suitable soils and long distances to existing wastewater
treatment facilities has left the issuance of a discharge permit as truly a "last resort"
option for the project.
Brooks Engineering Associates, P.A. Engineering Alternatives Analysis
BEA Project No. 171006 Riverview Development
9

4.0 Economic Evaluation of Alternatives
The Present Value of Costs Analysis (PVCA) for each disposal option is provided as
Attachment E. The analysis analyzes the economic feasibility of each of the
wastewater treatment options based upon the best available information. A Return on
Investment is calculated for the project without any consideration for wastewater
treatment/disposal, and then the Return on Investment is calculated for each of the
wastewater options. Not only are options determined to be practical and obtainable
analyzed, but also options determined not practical and obtainable (such as adjacent
land purchase) are analyzed. The Engineers Opinion of Cost for the development
infrastructure is provided as Attachment E. The infrastructure Opinion of Cost is
utilized to demonstrate the base cost per unit and to provide a basis for the calculation
of the Return on Investment with each wastewater disposal option scenario.
The cost basis for the subdivision infrastructure costs is provided as Attachment E.
The infrastructure costs are based upon professional experience and data collected on
previous regional projects. As all of the infrastructure cost would be incurred in the
initial year of the development, they are all considered initial costs and therefore have
no time value discounting and are not included in the Present Value analysis.
The developers intend to purchase the modular cabin units and sell the finished
product. The average sales price per modular unit is based upon the developer's
market research in the rural north Buncombe County area. The projected sales price
for each unit is $160,000, with a projected Return on Investment of 34%. This is
shown in the first PVCA analysis (Establishment of Development Costs without Sewer
Treatment and Disposal) provided in Attachment D. This depicts a cost of each
modular unit of $64,700.
A return on investment of less than 25% is typically unacceptable for any land
development company, given the risks of site development. Any returns shown to be
less than this would result in the project being scrapped and losses would be incurred
on the initial investment to date.
Brooks Engineering Associates, P.A.
BEA Project No. 171006
Engineering Alternatives Analysis
Riverview Development
10

4.1 Connection to Existing Wastewater Treatment Plant
The two nearest sewer connections are the MSD Buncombe County WWTF and the
Town of Marshall WWTF. In the instance that either MSD Buncombe County or Town
of Marshall WWTF would allow connection to their system (which has been discussed
as not currently feasible), an economic evaluation is provided for the cost to connect
Riverview Development to each system.
The cost for gravity sewer collection in the Riverview Condominium Development is
not included in the PVCA for each disposal option, but it is included in the general
infrastructure costs for the development as the collection system would have to be
implemented with any of the wastewater options.
The references utilized for the cost basis are as follows:
• The price for gravity sewer line is based upon professional experience and
data collected on previous regional projects. This data shows the average
cost for 8-inch sewer line installation is $61.50/foot. This price includes
surveying, engineering, materials and labor. The sewer line installation
would have to be in the road and would require re -surfacing the entire
stretch of road. Given the difficulty associated with installing the sewer
line on the Old Marshall Highway, a line installation price of $101.5/ft is
utilized for analysis along with a road repair and overlay cost of $50/ft, for
a total $151.50/ft. This is consistent with pricing on similar recent projects
engineered and supervised by BEA.
• The price for pump stations is based upon professional experience where
BEA has engineered similar pump stations to NC state standards. The
$130,000 price includes a diesel backup power generator.
• The price for pressure sewer line installation ($55/ft.) is based upon
regional data from Buncombe County MSD. This price includes
surveying, engineering, materials and labor, but not road or asphalt repair.
Old Marshall Highway (US 25/70) is an exceedingly narrow road with
minimal road shoulder, large rock cut banks, and steep banks down to the
French Broad River. The force main installation would have to be in the
Brooks Engineering Associates, P.A.
BEA Project No. 171006
Engineering Alternatives Analysis
Riverview Development
11

road and would require re -surfacing the entire stretch of road. Given the
difficulty associated with installing the force main on the Old Marshall
Highway, a line installation price of $95/ft is utilized for analysis along with
a road repair and overlay cost of $50/ft, for a total $145/ft. This is
consistent with pricing on similar recent projects engineered and
supervised by BEA.
♦ The costs for easements and legal fees to obtain access are unknown.
This is logistically incomprehensible which is why this scenario is deemed
not feasible. However, given that DWQ wants BEA to analyze this
scenario, the costs of legal fees and easements can not be ignored as this
cost will be significant. Our cost estimate, based upon professional
experience, is $10,000 per individual property owner that will be impacted.
Connection to Town of Marshall WWTF
As the operation and maintenance of the WWTF would be performed by the current
owner and are of no expense to French Broad River Group of North Carolina, these
costs are not included in the Present Value analysis. Sewage rates would be charged
directly to the Riverview Condominium homeowners. However, it is assumed that the
operation and maintenance of the pump stations and force main to connect to the
treatment plant would be assumed by the RiverView developer or the Homeowners
Association. The route for the sewer extension analyzed is that shown on Figure 4 with
approximately 2.9 miles (15,312 ft) of force main and 8.6 miles (45,408 ft) of gravity
sewer following the Old Marshall Highway.
The results of the PVCA show that the project loses money which would render it not
an economically viable option. Additionally, the permitting for the required force main
would not likely be permissible by the NCDOT making this option not feasible due to
regulatory issues. The PVCA for this option is provided in Attachment E.
Connection to MSD Buncombe County WWTF
As the operation and maintenance of the system would be performed by MSD
Buncombe County, they are of no O&M expense to French Broad River Group of
North Carolina, and are not included in the Present Value analysis. MSD Buncombe
County would bill the homeowners in RiverView Condominium directly. Pump stations
Brooks Engineering Associates, P.A. Engineering Alternatives Analysis
BEA Project No. 171006 Riverview Development
12

would be required to connect to this system. The route for the sewer extension
analyzed is that shown on Figure 3 with approximately 4.75 miles (25,080 ft) of force
main following the Old Marshall Highway.
The results of the PVCA demonstrate that the project has a Return on Investment of
20.15 % which would render it an economically unviable option. The PVCA for this
option is provided in Attachment E.
4.2 Individual or Group Septic Systems
Individual and community septic systems are discussed in Section 3.2. Individual
septic systems are determined to be not a technically feasible option. A community
septic system is an option only with the purchase of additional neighboring property.
While no neighboring properties are available, this option is evaluated for economic
feasibility. The purchase price of $50,000 per acre is determined from local real estate
comparisons for recent large tract purchases. It is determined in Section 3.2 that a
minimum of 17 acres of land is required for disposal plus additional acreage for set-
backs and constructability. Assuming property could be purchased, the Baggett tract
(10.4 acres) and the Markman tract (10.4 acres) would provide a total of 20.8 acres.
Smaller tracts are chosen for analysis as these are determined to be the most
obtainable.
The results of the PVCA analysis demonstrate a Return on Investment of 23.08 %
which renders the project as not economically viable. As mentioned in Section 3.2,
none of the identified adjacent parcels are for sale. In addition, these adjacent
properties are likely to also have unsuitable soil conditions making this disposal option
not technically feasible.
Brooks Engineering Associates, P.A.
BEA Project No. 171006
Engineering Alternatives Analysis
Riverview Development
13

4.3 Land Application
Individual and group land application systems are determined to not be technically
feasible without additional land purchase. Section 3.3 identifies an additional minimum
of 14.5 acres would be required for disposal and setbacks. Assuming property could
be purchased, the Baggett tract (10.4 acres), the Markman tract (10.4 acres), and the
Hartman tract (10.4 acres), a total of 31.2 acres, would accommodate the land
requirements.
The on -site collection and pump system are again the same for any of the treatment
options and this cost is not included in the PVCA, but is considered in the return on
investment analysis. The general infrastructure costs for the collection system in the
development would have to be implemented with any of the wastewater options, with
the exception of individual septic systems, and the cost is the same with each option,
except where otherwise noted.
Treatment of the effluent is to be performed by an extended air package plant system
capable of meeting secondary treatment standards. The package plant effluent is
then distributed to a drip irrigation system located on the Baggett, Markman, and
Hartman tracts. The drip system will have to be dosed by an additional pump station
and have a disc filtration and monitoring system.
The cost references utilized for the PVCA are as follows:
• The price for the extended air package plant system is based upon vendor
pricing and includes materials, installation labor, and engineering.
• The price for the land application drip system is based upon vendor pricing
and includes materials, labor and engineering.
• Operation and maintenance costs are based upon professional
experience, except for electrical costs which are based upon vendor
recommendations.
The results show the PVCA demonstrate a 13.07% Return on Investment, rendering
this option as economically not viable. Given that no additional neighboring acreage is
available, this disposal option is rendered not technically feasible.
Brooks Engineering Associates, P.A.
BEA Project No. 171006
Engineering Alternatives Analysis
Riverview Development
14

4.4 Reuse
The technical assessment in Section 3.3 determined a minimum of 11.3 acres would
be required for a reuse system and an additional 2'acres for storage ponds. Given
- that no additional acreage is available, this analysis assumes that the two smallest
adjacent properties can be purchased for disposal and storage ponds. Assuming
property could be purchased, the Baggett tract (10.4 acres) and the Markman tract
(10.4 acres) would provide a total of 20.8 acres.
The reuse system is similar to the land application system, with the exception that the
treatment plant must achieve tertiary treatment limits. By achieving tertiary treatment
limits, the setbacks are greatly reduced thus reducing the amount of additional land
that must be acquired. The treatment plant effluent is to be dosed by a pump station
to a standard irrigation system with drip irrigation lines located on the additional tracts
adjacent to the Riverview Condominium Development. The proposed treatment
technology is a package plant by Purestream ES, LLC. The proposed plant is a
Biologically Engineered Single Sludge Treatment (BESST) technology plant. This
patented process utilizes sludge blanket clarification. The technology is capable of
attaining tertiary treatment limits with special features. The system has a dual
treatment train to allow for duplicity in the system and provide backup treatment in an
emergency situation. This also allows for phasing in of the system by being able to
utilize only half of the system while homes are coming on line. Equalization basins are
provided at the front of both treatment trains to smooth out "slugs" of wastewater
entering the system and reducing system shock. The PVCA (Attachment E) provides
for an extra equalization tank and tertiary treatment filter to meet strict discharge limits.
The references utilized for the PVCA are as follows:
♦ The price for the BESST system is based upon vendor pricing and
includes, materials, labor, engineering, and backup power.
♦ The price for the drip irrigation system is based upon vendor price
estimates and includes materials, labor and engineering.
♦ Operation and maintenance costs are based upon professional
experience, except for electrical costs which are based upon vendor
recommendations.
Brooks Engineering Associates, P.A.
BEA Project No. 171006
Engineering Alternatives Analysis
Riverview Development
15

The results show the PVCA demonstrate that the project has a Return on Investment
of 14.02 % and is not an economically viable option. As no additional land is available
for purchase, this option is not deemed technically viable either.
4.5 Direct Discharge to Surface Waters
This alternative is identified as technically viable and is analyzed for economic
feasibility. The Present Value of Costs Analysis is provided as Attachment E.
The surface discharge system is similar to the reuse system, with the exception that
the treatment plant effluent is discharged rather than land applied. This eliminates the
need for additional pumping and the irrigation system, and additional land acquisition.
The proposed treatment technology is a package plant by Purestream ES, LLC. The
proposed plant is a Biologically Engineered Single Sludge Treatment (BESST)
technology plant. This patented process utilizes sludge blanket clarification. The
technology is capable of attaining tertiary treatment limits with special features. The
system has a dual treatment train to allow for duplicity in the system and provide
backup treatment in an emergency situation. This also allows for phasing in of the
system by being able to utilize only half of the system while homes are coming on line.
Equalization basins are provided at the front of both treatment trains to smooth out
"slugs" of wastewater entering the system and reducing system shock. A brochure for
this technology is attached. The PVCA provides for an extra equalization tank and
tertiary treatment filter to meet strict discharge limits.
The references utilized for the PVCA are as follows:
♦ The price for the BESST system is based upon vendor pricing and
includes, materials, labor, engineering, and backup power.
♦ The price for the land application sprinkler system is based upon vendor
price estimates and includes materials, labor and engineering.
♦ Operation and maintenance costs are based upon professional
experience, except for electrical costs which are based upon vendor
Brooks Engineering Associates, P.A.
BEA Project No. 171006
Engineering Alternatives Analysis
Riverview Development
16

recommendations. (Electrical costs for the BESST system are less than
that of the extended air system as blower and pump sizes are decreased).
The results of the PVCA demonstrate this disposal option to be economically viable
with a 28.78% Return on Investment.
4.6 Combinations of Alternatives
As all soil disposal options require the purchase of additional land, which is not
available, and likely to have the same poor soil characteristics as the Riverview
Condominium property, no combinations of alternatives are deemed technically or
economically feasible.
Brooks Engineering Associates, P.A.
BEA Project No. 171006
Engineering Alternatives Analysis
Riverview Development
17

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ATTACHMENT
LOCAL GOVERNMENT REVIEW FORM

Attachment A. Local Government Review Form
=r
General Statute Overview: North Carolina General Statute 143-215.1 (c)(6) allows input from local governments in the issuance
of NPDES Permits for non -municipal domestic wastewater treatment facilities. Specifically, the Environmental Management
Commission (EMC) may not act on an application for a new non -municipal domestic wastewater discharge facility until it has
received a written statement from each city and county government having jurisdiction over any part of the lands on which the
proposed facility and its appurtenances are to be located. The written statement shall document whether the city or county has a
zoning or subdivision ordinance in effect and (if such an ordinance is in effect) whether the proposed facility is consistent with the
ordinance. The EMC shall not approve a permit application for any facility which a city or county has determined to be
inconsistent with zoning or subdivision ordinances unless the approval of such application is detemnned to have statewide
significance and is in the best interest of the State.
Instructions to the Applicant: Prior to submitting an application for a NPDES Permit for a proposed facility, the applicant
shall request that both the nearby city and county government complete this form. The applicant must:
■ Submit a copy of the permit application (with a written request for this form to be completed) to the clerk of the city and
the county by certified mail, return receipt requested.
■ If either (or both) local government(s) fail(s) to mail the completed form, as evidenced by the postmark on the certified
mail card(s), within 15 days after receiving and signing for the certified mail, the applicant may submit the application to
the NPDES Unit.
■ As evidence to the Commission that the local govemment(s) failed to respond within 15 days, the applicant shall submit a
copy of the certified mail card along with a notarized letter stating that the local government(s) failed to respond within the
15-day period.
Instructions to the Local Government: The nearby city and/or county government which may have or has jurisdiction over
any part of the land on which the proposed facility or its appurtenances are to be located is required to complete and return this
form to the applicant within 15 days of receipt. The form must be signed and notarized.
Name of local government f� C rT— h G CtT1 r 1 C rre n ch Broad. RI V er V roy;Y o t W Covtdo prJ .
(City/County)
Does the city/county have jurisdiction over any part of the land on which the proposed facility and its appurtenances are to be
located? Yes A No [ ] If no, please sign this form, have it notarized, and return it to the applicant.
Does the city/county have in effect a zoning or subdivision ordinance? Yes] No [ ]
If there is a zoning or subdivision ordinance in effect, is the plan for the proposed facility consistent with the ordinance? Yes [�]�
No [ ]
Date Zy 7.t%� 0 Signature
(City Manage/County Mager)
State
County of
On this day of , personally appeared before me, the said
name to me known and known to me to be the person described in
and who executed the foregoing document and he (or she) acknowledged that he (or she) executed the same and being duly sworn
by me, made oath that the statements in the foregoing document are true.
My Commission expires .(Signature of Notary Public)
Notary Public (Official Seal)
EAA Guidance Document Version: June 23, 2005

ATTACHMENT B
DENIAL LETTER FROM BUNCOMBE COUNTY
ENVIRONMENTAL HEALTH DEPARTMENT

Sep.14. 2007 3:42PM
No. 0197 P. 3
August 28, 2007
Buncombe County Government
Buncombe County Health Center
3 5 Woodfin Street
Asheville, NC 28801
r
Amicon Development Group
3800 S. Ocean Drive, Suite 228
Hollywood, FL 33019
Dr. Vicki Ittel, Health Director
P: [phone] F: [phone]
[e-mail]
Re: Application for Improvement/Authorization to Construct for Riverview Condominiums
Parcel Identification No. 9723-04-53-9341
The Buncombe County Health Center, Environmental Health Division on July 2, 2007 evaluated
_ the above -referenced property at the site designated on the plat/site plan that accompanied your
application. According to your application the site is to serve 10 park models with a design
wastewater flow of 1,750 gallons per day. The evaluation was done in accordance with the laws
and rules governing wastewater systems in North Carolina General Statute 130A-333 and related
statutes and Title 15A, Subchapter 18A, of the North Carolina Administrative Code, Rule .1900
and related rules.'
Based on the criteria set out in Title 15A, Subchapter 18A, of the North Carolina Administrative
Code, Rules .1940 through .1948, the evaluation indicated that the site, as defined as soil area 1
in a report by The Cantena Group dated May 23, 2007, is UNSUITABLE for a ground
absorption sewage system. Therefore, your request for an authorization to construct is DENIED.
The site is unsuitable based on the following:
Unsuitable soil topography and/or landscape position (Rule .1940)
X Unsuitable soil characteristics (structure or clay mineralogy) (Rule .1941)
Unsuitable soil wetness condition (Rule .1942)
Unsuitable soil depth (Rule .1943)
Presence of restrictive horizon (Rule .1944)
Insufficient space for septic system and repair area (Rule .1945)
Unsuitable for meeting required setbacks (Rule .1950)
Other (Rule .1946)
The site evaluation included consideration of possible site modifications, and modified, innovative
or alternative systems. However, the Buncombe County Health Center has determined that none of
the above options will overcome the conditions on this site (soil area 1). A possible option might be
a system designed to dispose of sewage to another area of suitable soil or off -site to additional
property.
W W W. buncomt)ecounly.org
- The County of Buncombe does not discriminate on the basis of race, color, religion, sex, age, national origin, handicap, or disability.

Sep.14. 2007 3:42PM No.0197 P. 4
(2)
A site classified as UNSUITABLE may be classified as PROVISIONALLY SUITABLE if
-� written documentation is provided that meets the requirements of Rule .1948(d). A copy of this
rule is enclosed. You may hire a consultant to assist you if you wish to try to develop a plan under
which your site could be reclassified as PROVISIONALLY SUITABLE.
You have a right to an informal review of this decision. You may request an informal review by the
soil scientist or environmental health supervisor at the Buncombe County Health Center. You may
-C also request an informal review by the N.C. Department of Environment and Natural Resources
regional soil specialist. A request for informal review by the regional soil specialist must be made
in writing to the Buncombe County Health Center.
You also have a right to a formal appeal of this decision. To pursue a formal appeal, you must file a
petition for a contested case hearing with the Office of Administrative Hearings, 6714 Mail Center,
Raleigh, N.C. 27699-6714. To get a copy of a petition form, you may write the Office of
Administrative Hearings or call the office at [phone] or from the OAH web site at
www.oah.state.nc.us/form.htm. The petition for a contested case hearing must be filed in
accordance with the provision of North Carolina General Statutes 130A-24 and 15OB-23 and all
other applicable provisions of Chapter 150B. N-C. General Statute 130A-335 (g) provides that your
hearing would be held in the county where your property is located.
_. Please note: If you wish to pursue a formal appeal, you must file the petition; form with the Office
of Administrative Hearings 'WITHIN 30 DAYS OF THE DATE OF THIS LETTER. The date
of this letter is August 28, 2007. Meeting the 30-day deadline is critical to your right to a formal
appeal. Beginning a formal appeal within 30 days will not interfere with any informal review that
you might request. Do not wait for the outcome of any informal review if you wish to file a formal
appeal.
If you file a petition for a contested case hearing with the Office of Administrative Hearings, you
are required by law (N.C. General Statute 150B-23) to send a copy of your ,petition to the North
Carolina Department of Environment and Natural Resources. Send the copy to: Office of General
Counsel, N.C. Department of Environment and Natural Resources, 1601 Mail Service Center,
Raleigh, N.C. 27699-1601. Do NOT send the copy of the petition to the Buncombe County Health
Center. Sending a copy of your petition to the Buncombe County Health Center will NOT satisfy
the legal requirement in N.C. General Statute 15OB-23 that you send a copy to the Office of General
Counsel, NCDENR.
You may call or write the local health center if you need any additional information or assistance
Sincerely,
Stanley Crownover, Ph.D.
Environmental Health Soil Scientist
Enc: (Copy of Rule .1948)

t
Sep.14. 2007 3:42PM
No. 0197 P. 5
Ll
.1948SITE CLASSIFICATION
(a) Sites classified as SUITABLE may be utilized for a ground absorption sewage
treatment and disposal system consistent with these Rules. A suitable
classification generally indicates soil and site conditions favorable for the
operation of a ground absorption sewage treatment and disposal system or have
slight limitations that are readily overcome by proper design and installation.
(b) Sites classified as PROVISIONALLY SUITABLE may be utilized for a ground
absorption sewage treatment and disposal system consistent with these Rules but
have moderate limitations. Sites classified Provisionally Suitable require some
modifications and careful planning, design, and 'installation in order for a ground
absorption sewage treatment and disposal system to function satisfactorily.
(c) Sites classified UNSUITABLE have severe limitations for the installation and use
of a properly functioning ground absorption sewage treatment and disposal
system. An improvement permit shall not be issued for a site which is classified
as UNSUITABLE. However, where a site is UNSUITABLE, it may be
reclassified PROVISIONALLY SUITABLE if a special investigation indicates
that a modified or alternative system can be installed in accordance with Rules
.1956 or .1957 of this Section-
(d) A site classified as UNSUITABLE may be used for a ground absorption sewage
treatment and disposal system specifically identified in Rules .1955, .1956, or
.1957 of this Section or a system approved under Rule .1969 if written
documentation, including engineering, hydro geologic, geologic or soil studies,
indicates to the local health department that the proposed system can be expected
to function satisfactorily. Such sites shall be reclassified as PROVISIONALLY
SUITABLE if the local health department determines that the substantiating data
indicate that:
(1) a ground absorption system can be installed so that the effluent
will be non-pathogenic, non-infectious, non -toxic, and non-
hazardous;
(2) the effluent will not contaminate groundwater or surface water;
and
(3) the effluent will not be exposed on the ground surface or be
discharged to surface waters where it could come in contact with
people, animals, or vectors.
The State shall review the substantiating data if requested by the local health
department.

ATTACHMENT C
BME SOILS REPORT

BME
BROOKS &.ME®LOCK
ENGINEERING, PLLC
July 23, 2007
Mr. Ross Adickman
Amicon Development Group
3800 South Ocean Drive
Hollywood, FL 33019
Dear Mr. Adickman,
On February 2, 7, 12, 20, 21 and 23, 2007, John Allison, Allen Hayes, Walker Ferguson; Jacob
Isleib and Andrew Henderson of Brooks & Medlock Engineering (BME) conducted a detailed
soils investigation on an approximate 52-acre tract located off NC Hwy 251 (Riverside Drive) in
Alexander, Buncombe County, North Carolina. The purpose of the investigation was to
determine soil suitability for on -site wastewater disposal (septic) systems for 166 park model
units. Each unit is rated for 150 gallons of wastewater per day for a total of 24,000 gallons of
wastewater per day.
Fieldwork was conducted using the following tools and methods. The areas set aside for the
detailed -soils investigation are identified on the engineered site plan by BME. A total of 62 test
pits were laid out on 50-foot north/south offset grid pattern using GPS. The pits were dug by a
backhoe. Detailed soil profile descriptions were done using standard field methods. Suunto
clinometers were used to measure soil slope.
Recommendations are based on, but not limited to, observations made and data collected on
topography, landscape position, parent material, underlying geology, and soil characteristics.
Soil characteristics include, but are not limited to, depth to a seasonal high water table (SHWT),
depth to a restrictive horizon, total soil depth, soil horizonation, soil structure, soil color, clay
mineralogy, bulk density, consistence, plasticity, stone content, and percent sand, silt, clay, and
mica. They follow the guidelines set forth in the North Carolina Laws and Rules for Sewage
Treatment and Disposal Systems, laws amended effective December 19, 2001, and rules
amended effective June 1, 2006, and the North Carolina Division of Water Quaiity, NCAC 15,4,
Subchapter 2T, Waste Not Discharged To Surface Waters, amended September 1, 2006.
Grading which occurs subsequent to this fieldwork renders the soil investigation in the graded
area null and void.
RESULTS AND DISCUSSION
Based on the project design, BME found the soils unsuitable for any surface or subsurface
wastewater disposal system. The primary limitation is expansive clay mineralogy. Field tests
suggested expansive clays, and subsequent lab tests on selected soil samples throughout the
17 ARLINGTON STREET • ASHEVILLE, NORTH CAROLINA 28801 • [phone] • FAx [phone]

2
study area proved it. Based on these findings, expansive clays characterize the soils on this
property. Other limitations include shallow depth to weathered bedrock in various pits, and
shallow depth to a seasonal high water table in various pits. Finally, several pits exhibited
unsuitable prismatic soil structure. The high water table and prismatic soil structure were noted
primarily in pits on the lower portions of the landscape.
The best option, given the project design, is pretreatment of the wastewater prior to surface water
discharge into the French Broad River which is adjacent to the property. A permit for this type
of system may be obtained through the North Carolina Division of Water Quality.
Sincerely,
W. Allen Hayes, Jr., LSS
Ir
References:
1. North Carolina Department of Environment, Health, and Natural Resources, Division of Environmental Health,
On -Site Wastewater Section. 1998. Laws and Rules for Sewage Treatment and Disposal Systems, section
.1956(6). P.O. Box 27687, Raleigh, NC, 27611-7687.
2. North Carolina Department of Environment, Health, and Natural Resources, Division of Environmental Health,
On -Site Wastewater Section. 1996. Procedures and Information Required for Approval of Large Subsurface
Wastewater Systems. P.O. Box 27687, Raleigh, NC, 27611-7687.
3. North Carolina Department of Environment, Health, and Natural Resources, Division of Environmental
Management. 1996. Administrative Code Section: 15A NCAC 2H. 0200 — Waste Not Discharged to Surface
Waters. Environmental Management Commission, Raleigh, NC.
4. National Resources Conservation Service, National Soil Survey Center. 1998. Field Book for Describing and
Sampling Soils. United States Department of Agriculture. Lincoln, Nebraska.

ATTACHMENT
PRESENT VALUE COST ANALYSIS

RIVERVIEW DEVELOPMENT
BUNCOMBE COUNTY, NC
Present Value Cost Analysis of Feasible Alternatives
ESTABLISHMENT OF DEVELOPMENT COSTS WITHOUT SEWER TREATMENT & DISPOSAL
Subdivision Infrastructure Costs (refer to Engineering Opinion of Cost)
Item Units
Total Grading & Erosion Control
Total Storm Drainage
Curb/gutter/flatwork
Total Asphalt Paving
Water & Sewer System
Lighting, Landscape, Common Amenities
Modular units ($64,700 ea. X 160)
Construction Management (2%)
Engineering & Surveying (6%)
Contingency (10%)
Land Acquisition Costs
From Closing in 2005 acres
Present Value of Acquisition Cost (since 1997 @ EPA disc. rate)
Total Costs without wastewater treatment & disposal
Number of Units
Cost/Unit
Anticipated Unit price based on market value
Return on Investment without wastewater treatment & disposal
No. Units Cost/Unit
subtotal
50.72 $19,322
Cost
$758,823
$29,581
$203,750
$332,177
$1,106,876
$683,000
$10,352,000
$269,324.00
$807,972.00
$1,373,553.00
$15,917,056
$980,000
$1,037,575
$16, 954, 631
160
$105,966
$160,000
33.77%
Brooks Engineering Associates, P.A. p. 1 of 7

I Connection to Existing Sewer System Option - Buncombe County MSD
Item Units
No. Units
Cost/Unit
Cost
Construction
Installation of Gravity Sewer Line - Offsite
feet
0
$151.5
$0
Installation of Force main Line
feet
25080
$110
$2,758,800
Installation of Pump Stations
each
2
$225,000
$450,000
Underground Road boring
per crossing
4
$9,000
$36,000
subtotal
$3,244,800
Easements & Legal fees
Attorney fees for private easements
per
20
$10,000
$200,000
Fee to MSD for 5 years O&M of pump stations (MSD policy)
per PS
2
$100,000
$200,000
Annual Finance Charge ("Carry") @ 6.5% of land costs
per year
$63,700.00
(during planning and construction of sewer extension)
Operation & Maintenance (Pump Stations)
Contract O&M (included above)
$0.00
Electricity & Parts (included above)
$0.00
PRESENT VALUE ANALYSIS FOR SEWER EXTENSION SCENARIO
Present Value (PV) = Co + Zn Cr/(1+r)t
where: Co = Initial Costs in present year
Ct = costs incurred in time t
t = time period after present year
n = ending year of facility life
r = current EPA discount rate
5.875%
Incremental
Total
Year Expenditure
Cash
PV
PV
0 Original Land Acquisition & Development Costs
$16,954,631
$16,954,631
$16,954,631
1 Easements, Engineering (6%), legal costs, fees to MSD
$594,688
$561,689
$17,516,320
2 50% of construction+ annual land carry
$1,686,100
$1,504,168
$19,020,488
3 50% of construction + annual land carry
$1,686,100
$1,420,702
$20,441,190
4 O&M
$0
$0
$20,441,190
5 O&M
$0
$0
$20,441,190
6 O&M
$0
$0
$20,441,190
7 O&M
$0
$0
$20,441,190
8 O&M
$0
$0
$20,441,190
9 O&M
$0
$0
$20,441,190
10 O&M
$0
$0
$20,441,190
Return on Investment Analysis
Total Development Costs with PV of wastewater treatment & disposal $20,441,190
Number of lots 160
Cost/lot $127, 757.44
Price/lot $160, 000.00
Return on Investment 20.1S%
Brooks Engineering Associates, P.A. p. 2 of 7

H Connection to Existing Sewer System Option - Marshall WWTF
Item Units No. Units CostlUnit Cost
Construction
Installation of Gravity Sewer Line - Offsite
feet
45408
$151.5
$6,879,312
Installation of Force main Line
feet
15312
$110
$1,684,320
Installation of Pump Stations
each
6
$130,000
$780,000
Underground Road boring
per crossing
4
$7,000
$28,000
subtotal
$9,371,632
Easements & Legal fees
per
1
$10,000
$10,000
Annual Finance Charge ("Carry") @ 6.5% of land costs per year $63,700.00
(during planning and construction of sewer extension)
Operation & Maintenance (Pump Stations)
Contract O&M $60,000.00
Electricity & Parts $24,000.00
subtotal $84,000
PRESENT VALUE ANALYSIS FOR SEWER EXTENSION SCENARIO
Present Value (PV) = Co + _ Ct/(1+r)t
where: Cc = Initial Costs in present year
Ct = costs incurred in time t
t = time period after present year
n = ending year of facility life
r = current EPA discount rate
5,875%
Incremental
Total
Year
Expenditure
Cash
PV
PV
0
Original Land Acquisition & Development Costs
$16,954,631
$16,954,631
$16,954,631
1
Easements & legal costs + Engineering (8% construction)
$759,731
$717,573
$17,672,204
2
50% of construction + annual land carry
$4,749,516
$4,237,039
$21,909,244
3
50% of construction + annual land carry
$4,749,516
$4,001,926
$25,911,170
4
O&M
$84,000
$66,851
$25,978,021
5
O&M
$84,000
$63,141
$26,041,162
6
O&M
$84,000
$59,637
$26,100,799
7
O&M
$84,000
$56,328
$26,157,127
8
O&M
$84,000
$53,202
$26,210,330
9
O&M
$84,000
$50,250
$26,260,580
10
O&M
$84,000
$47,462
$26,308,042
Return on Investment Analysis
Total Development Costs with PV of wastewater treatment & disposal $26,308,042
Number of lots 160
Cost/lot $164, 425.26
Price/lot $160, 000.00
Return on Investment -2.77%
Brooks Engineering Associates, P.A. p. 3 of 7

III Community Septic System Option
Item
Units
No. Units
Cost/Unit
Cost
Land Acquisition
Initial Purchase(Baggett Tract)
acres
10.4
$50,000
$520,000
Initial Purchase (Markman Tract)
acres
10.4
$50,000
$520,000
Subtotal
$1,040,000
Construction
50,000 gpd WWTP
per
1
$275,000
$275,000
Pump station for gravity collection system
per
1
$100,000
$125,000
Drip system controls & dosing system
per
1
$35,000
$125,000
Transfer piping to drip drainfields
ft.
3,500
$18
$63,000
Irrigation line and heads
lin. ft.
166,666
$2.50
$416,665
Subtotal
$1,004,665
Annual Operation & Maintenance
Recommended operator checks
per visit
365
$150
$54,750
Laboratory
per visit
48
$100
$4,800
Pump outs
per visit
2
$400
$800
Electrical
per month
12
$500
$6,000
Subtotal
$66,350
5 Year Capital Improvements
Pump & line repairs
Estimate
1
$15,000
$15,000
Salvage Value (20% of original cost)
$200,933
PRESENT VALUE ANALYSIS FOR LAND APPLICATION SCENARIO
Present Value (PV) = Co + _ Ct/(1+r)t
where: Co = Initial Costs in present year
Ct = costs incurred in time t
t = time period after present year
n = ending year of facility life
r = current EPA discount rate
5.875%
Incremental
Year
Expenditure
Cash
PV
0
Original Land Acquisition & Development Costs
$16,954,631
$16,954,631
0
Engineering (8% construction) & Land Acquisition
$1,120,373
$1,120,373
1
System Construction
$1,004,665
$948,916
2
O&M
$66,350
$59,191
3
O&M
$66,350
$55,906
4
O&M
$66,350
$52,804
5
O&M
$66,350
$49,874
6
O&M & Capital lmprovements
$81,350
$57,756
7
O&M
$66,350
$44,493
8
O&M
$66,350
$42,024
9
0&M
$66,350
$39,692
10
0&M
$66,350
$37,489
11
O&M & Capital Improvements
$81,350
$43,414
12
O&M
$66,350
$33,444
13
O&M
$66,350
$31,588
14
O&M
$66,350
$29,835
15
O&M
$66,350
$28,180
16
O&M & Capital Improvements
$81,350
$32,633
17
O&M
$66,350
$25,139
18
O&M
$66,350
$23,744
19
O&M
$66,350
$22,427
20
O&M- Salvage Value
-$134,583
-$42,966
Present Value Cost $19,690,588
Return on Investment Analysis
Total Development Costs with PV of wastewater treatment & disposal $19,690,588
Number of lots 160
Cost/lot $123, 066.18
Price/lot $160, 000
Return on Investment 23.08%
Brooks Engineering Associates, P.A. p. 4 of 7

IV Land Application Option
Item
Units
No. Units
Cost/Unit
Cost
Land Acquisition
Initial Purchase (Baggett Tract)
acres
10.4
$50,000
$520,000
Initial Purchase (Markman Tract)
acres
10.4
$50,000
$520,000
Initial Purchase (Hartman Tract)
acres
10.4
$50,000
$520,000
Subtotal
$1,560,000
Construction
50,000 gpd WWTP
per
1
$275,000
$275,000
Add? Equalization
per
1
$35,000
$35,000
5-day and 30 day storage tanks
gal
1750000
$1.25
$2,187,500
Addl pump station for collection system
ea.
1
$125,000.00
$125,000
Irrigation Controls & Pumping system
per
1
$35,000
$35,000
Transfer piping to irrigation fields
ft.
3,500
$18
$63,000
Irrigation line and heads
lin, ft.
140,449
$2.50
$351,123
Subtotal
$3,071,623
Annual Operation & Maintenance
Recommended operator checks
per visit
365
$150
$54,750
Laboratory
per visit
12
$850
$10,200
Pump outs
per visit
2
S400
$800
Electrical
per month
12
$500
$6,000
Subtotal
S71,750
5 Year Capital Improvements
Pump & line repairs
Estimate
1
$15,000
$15,000
Salvage Value (20% of original cost)
$614,325
PRESENT VALUE ANALYSIS FOR LAND APPLICATION SCENARIO
Present Value (PV) = Co + Yn Ct/(1+r)t
where: Cc = Initial Costs in present year
Ct = costs incurred in time t
t = time period after present year
n = ending year of facility life
r = current EPA discount rate
5.875%
Incremental
Year
Expenditure
Cash
PV
0
Original Land Acquisition & Development Costs
$16,954,631
$16,954,631
0
Engineering (8% construction) & Land Acquisition
$1,805,730
$1,805,730
1
System Construction
$3,071,623
$2,901,178
2
O&M
$71,750
$64,008
3
O&M
$71,750
$60,456
4
O&M
$71,750
$57,102
5
O&M
$71,750
$53,933
6
O&M & Capital Improvements
$86,750
$61,590
7
O&M
$71,750
$48,114
8
O&M
$71,750
$45,444
9
O&M
$71,750
$42,922
10
O&M
$71,750
$40,540
11
O&M & Capital Improvements
$86,750
$46,296
12
O&M
$71,750
$36,166
13
O&M
$71,750
$34,159
14
O&M
$71,750
$32,264
15
O&M
$71,750
$30,473
16
O&M & Capital Improvements
$86,750
$34,800
17
O&M
$71,750
$27,185
18
O&M
$71,750
$25,677
19
O&M
$71,750
$24,252
20
O&M - Salvage Value
-$542,575
-$173,217
Present Value Cost $22,253,702
Return on Investment Analysis
Total Development Costs with PV of wastewater treatment & disposal S22,253,702
Number of lots 160
Cost(lot S139, 085.64
Price/lot S160, 000
Return on Investment 13.07%
Brooks Engineering Associates, P.A. p. 5 of 7

V Reuse Option
Item
Units
No. Units
CostfUnit
Cost
Land Acquisition
Initial Purchase (Baggett Tract)
acres
10.4
$50,000
$520,000
Initial Purchase (Markman Tract)
acres
10.4
$50,000
$520,000
subtotal
S1,040,000
Construction
50,000 gpd V NTP w/ Nutrient Removal
per
1
$345,000
$345,000
Addl Equalization
per
1
$35,000
$35,000
5-day and 30 day storage tanks
gal
1750000
$1.25
$2,187,500
Tertiary Treatment add-ons
per
1
$28,000
$28,000
System enclosure & landscaping
per
1
$85,000
$85,000
Addl pump station for irrigation
per
1
$100,000
$100,000
Transfer piping to irrigation fields
ft.
3,500
$18
$63,000
Irrigation line
lin.ft.
140,449
$2.50
$351,123
Subtotal
S3,194,623
Annual Operation & Maintenance
Required operator checks
per visit
365
$150
$54,750
Laboratory
per visit
12
$850
$10,200
Pump outs
per visit
2
$400
$800
Electrical
per month
12
$500
$6,000
Subtotal
$71,750
5 Year Capital Improvements
Pump & line repairs
Estimate
1
$25,000
S25, 000
Salvage Value (20% of original cost)
$188,825
PRESENT VALUE ANALYSIS FOR REUSE SCENARIO
Present Value (PV) = Co + T-n Ct/(1+r)t
where: Co = Initial Costs in present year
Ct= costs incurred in time t
t = time period after present year
n = ending year of facility life
r = current EPA discount rate
5.875%
Incremental
Year
Expenditure
Cash
PV
0
Original Land Acquisition & Development Costs
$16,954,631
$16,954,631
0
Engineering & Land Acquisition
$1,295,570
$1,295,570
1
System Construction
$3,194,623
$3,017,353
2
O&M
$71,750
$64,008
3
O&M
$71,750
$60,456
4
O&M
$71,750
$57,102
5
O&M
$71,750
$53,933
6
O&M & Capital Improvements
$96,750
$68,690
7
O&M
$71,750
$48,114
8
O&M
$71,750
$45,444
9
O&M
$71,750
$42,922
10
O&M
$71,750
$40,540
11
O&M & Capital Improvements
$96,750
$51,633
12
O&M
$71,750
$36,166
13
O&M
$71,750
$34,159
14
O&M
$71,750
$32,264
15
O&M
$71,750
$30,473
16
O&M & Capital Improvements
$96,750
$38,811
17
O&M
$71,750
$27,185
18
O&M
$71,750
$25,677
19
O&M
$71,750
$24,252
20
O&M- Salvage Value
-$117,075
-$37,376
Present Value Cost $22,012,006
Return on Investment Analysis
Total Development Costs with PV of wastewater treatment & disposal
$22, 012, 006
Number of lots
160
Cost/lot
$137, 575.04
Price/lot
S160, 000
Return on Investment
14.02%
Brooks Engineering Associates, P.A. p. 6 of 7

VI Discharge to Surface Waters
Item
Units No. Units Cost/Unit
Cost
Construction
50,000gpdPurestreamr"WWTP
per 1 $275,000
$275,000
Add'1 Equalization & storage tankage
per 2 $35,000
$70,000
Construction, including enclosure
per 1 $85,000
$85,000
Subtotal
$430,000
Annual Operation & Maintenance
Required operator checks
per visit
365
$75
$27,375
Laboratory
per visit
12
$850
$10,200
Pump outs
per visit
6
$400
$2,400
Electrical
per month
1
$4,500
$4,500
Subtotal
$44,475
5 Year Capital Improvements
Pump & line repairs
Estimate
1
$15,000
$15,000
Salvage Value (20% of original cost)
$86,000
PRESENT VALUE ANALYSIS FOR SCENARIO SEWER EXTENSION SCENARIO
Present Value (PV) = Co + Zn Ct/(1+r)t
where: Co = Initial Costs in present year
Ct = costs incurred in time t
t = time period after present year
n = ending year of facility life
r = current EPA discount rate
5.875%
Incremental
Year
Expenditure
Cash
PV
0
System Installation
$430,000
$430,000
1
O&M
$44,475
$44,475
2
O&M
$44,475
$44,475
3
O&M
$44,475
$44,475
4
O&M
$44,475
$44,475
5
O&M & Capital Improvements
$59,475
$59,475
6
O&M
$44,475
$44,475
7
O&M
$44,475
$44,475
8
O&M
$44,475
$44,475
9
O&M
$44,475
$44,475
10
O&M & Capital Improvements
$59,475
$59,475
11
O&M
$44,475
$44,475
12
O&M
$44,475
$44,475
13
O&M
$44,475
$44,475
14
O&M
$44,475
$44,475
15
O&M & Capital Improvements
$59,475
$59,475
16
0&M
$44,475
$44,475
17
O&M
$44,475
$44,475
18
O&M
$44,475
$44,475
19
O&M
$44,475
$44,475
20
O&M - Salvage Value
-$41,525
-$41,525
Present Value Cost $1,278,500
Return on Investment Analysis
Total Development Costs with PV of wastewater treatment & disposal $18,233,131
Number of lots 160
Cost/lot $113,957.07
Price/lot $160, 000
Return on Investment 28.78%
Brooks Engineering Associates, P.A. p. 7 of 7

ATTACHMENT E
ENGINEER'S OPINION OF COST

Riverview Condominium Development - Master/Development Plan Phase Opinion of Cost BME Project#
171.006
QTY UNIT
PRICE/UNIT
EXTENDED
? EARTHWORK -GRADING
CLEARING & GRUBBING
33 ACR
$1,800.00
$59,400.00
DEMOLITION
CURB AND GUTTER
0 LF
$2.50
$0.00
ASPHALT PAVING '
0 SY
$1.00
$0.00
- -, BUILDING/BUILDING PAD
0 LS
$7,500.00
$0.00
STORM DRAINAGE PIPE/CB'S
0 LF
$0.00
$0.00
EXCAVATION
CUT AND FILL
87500 CY
$3.00
$262,500.00
BORROW FILL
0 CY
$6.00
$0.00
STRIP TS & PLACE ON SITE
26620 CY
$2.00
$53,240.00
' FINE GRADING
121000 SY
$0.30
$36,300.00
LAKE IMPROVEMENTS
2 LS
$20,000.00
$40,000.00
STAKING/FIELD ENGINEERING
1 LS
$12,000.00
$12,060.00
SUBTOTAL GRADING
j
$463,440.00
QTY UNIT
PRICE/UNIT
EXTENDED
EROSION CONTROL
CONSTRUCTION ENTRANCE
WASHED STONE
90 TN
$25.00
$2,250.00
j FILTER FABRIC
222 SY
$2:00
$444.00
SILT FENCE_
12021 LF
$3.00
$36,063.00
J INLET PROTECTION @ C.B.
0 EA
$17&00
$0.00
DIVERSION DITCHES
15000 LF
$3.20
$48,000.00
- CHECK DAMS
481 EA
$150.00
$72,126.00
SEDIMENT TRAPS
4 EA
$6,000.00
$24,000.00
DETENTION BASINS
3 EA
$20,000.00
$60,000.00
MAINTENANCE
1 LS
$15,000.00
$15,000.00
GRASSING - TEMPORARY
25.00 ACR
$1,500.00
$37,500.00
SUBTOTAL EROSION CONTROL $295,383.00
TOTAL GRADING $758,823.00
1

Riverview Condominium Development - Master/Development Plan Phase Opinion of Cost
BME Project#
171006
QTY UNIT
PRICE/UNIT
EXTENDED
STORM DRAINAGE
---
-----------
- ---------------
---------------
PIPE
12" RCP
0 LF
$20.00
$0.00
15" RCP
302 LF.
$22.00
$6,644.00
18" RCP
235 LF
$24.00
$5,640.00
24" RCP
120 LF
$30.00
$3,600.00
30" RCP
0 LF
$38:00
$0.00
36" RCP
0 LF
$48.00
$0.00
42" RCP
0 LF
$60.00
$0.00
48" RCP
60 LF
$74.00
$4,4:40.00
54" RCP
0 LF
$0.00
$0.00
60" RCP
0 LF
$0.00
$0.00
66" RCP
0 LF
$0.00
$0.00
72" RCP
0 LF
$0.00
$0.00
FES 12"
10 EA
$0.00
$0.00
FES 15"
0 EA,
$450.00
$0.00
FES 18"
10-EA
$500.00
$5,000.00
FES 24"
2 EA
$600.00
$1,200.00
FES 30"
0 EA
$700.00
$0.00
FES_ 48"
4 EA
$750.00
$3,000.00
HW.12"
0 EA
$0.00
$0.00
HW 15"
0 EA
$0.00
$0.00
HW 18"
0 EA
$0.00
$0.00
HW 24"
0 _ EA
$0:00
$0.00
HW 30"
0, EA
$0.00
$0.00
HW 36"
0 EA
$0.00
$0.00
HW 42"
0 EA
$0.00
$0:00
HW 48"
0 EA
$0.00
$0.00
HW 54"
0 EA
$0.00
$0.00
HW 60"
0 EA
$0.00
$0.00
HW 66"
0 EA
$0:00
$0.00
HW 72"
0 EA
$0.00
$0.00
CONCRETE COLLARS
0 EA
$0.00
$0.00
0. EA
$0.00
$0.00
RIP RAP
1 TN
$30.0.0
$30.00
WASHED STONE
1 TN
$25.00
$25.00
FILTER FABRIC
1 SY
$2.00
$2.00
SD PIPE SUBTOTAL
$29,581.00
2

Riverview Condominium Development - Master/Development Plan Phase Opinion
of Cost BME Project#
171,006
- CATCH BASINS
CURB INLET C.B.
0 EA
$1,500.00
$0.00
- 0-6'
0 VF
OVER 6'
0 VF
$0.00
$0.00.
CONCRETE SLAB
0 EA
$150.00
: $0.00
! DROP INLET C.B.
0 EA
$1,350.00
$0.00
0-6'
0 VF
OVER 6'
0 VF
$0.00
$0.00
CONCRETE SLAB
0 EA
$150:00
$0.00
-- OPEN THROAT C.B.
0 EA
$0.00
$0.00
0-6'
0 VF
OVER 6'
0 VF
$0,00
$0.00
CONCRETE SLAB
0 EA
$0.00
$0.00
MANHOLE C.B.
0 EA
$0.00
.$0.00
0-6'
0 VF
OVER 6. ' :
0 VF
$0.00
$0.00
CONCRETE SLAB
0 EA
$0.00
$0.00
TIE-IN TO EXISTING C.B.
0 EA
$0.00
$0.00
.SUBTOTAL SD STRUCTURES
$0.00
-- TOTAL STORM DRAINAGE
$29,581.00
QTY UNIT
PRICE/UNIT
EXTENDED
CONCRETE
----------
----------------------- ----------
CURB & GUTTER
----
-----------
- ---------------
18" C & G
0 LF
$10.00
$0.00
24" C & G
15000:LF
$12.00
$180,000.00
30" C & G
O LF
$15.00
$0.00
18" ROLLED C &.G
0 LF
$9:00
$0,00
24" ROLLED C & G-
0 LF
$11.00
$0.00
30" ROLLED C & G
O LF
$14.00
$0.00
6" VERT. CONC. CURB (MEDIAN)
I
500 LF
$9.00
$4,500.00
STONE UNDER CURB & GUTTER
1200 TON
$16.00
$19,200.00
- CONCRETE. ENTRANCES
0 SY
$30.00
$0.00
CURB CUT
0 LF
$4.00
$0.00
I
ASPHALT PATCHING
O TN
$125.00
$0.00
--.
DRIVEWAY PERMIT FROM NCDOT
1 EA
$50.00
$50.00
SIDEWALKS
0 SY
$35.00
$0.00
STONE UNDER CONCRETE
0 TON
$16.00
$0.00
TOTAL CONCRETE
$203,750.00
I
3

I�
Riverview Condominium Development - Master/Development Plan Phase Opinion of Cost BME Project#
171006
-1
DEPTH(IN)
QTY UNIT
PRICE/UNIT
EXTENDED
ASPHALT PAVING
HEAVY DUTY ASPHALT
0 SY
ABC STONE
8 0 TN
$15.00
$0.00
H-BINDER_
2 0 TN
$36.00
$0.00
1-2
2 0 TN
$38.00
$0.00
-, SUBTOTAL HD ASPHALT
$0.00
LIGHT DUTY ASPHALT
20416 SY
ABC STONE
8 8983 TN
$16.00
$143,728.64
H-BINDER
2 2245.76 TN
$36.00
$80,847.36
_ 1-2
2 2144 TN
$48.00
$102,896.64
i SUBTOTAL LD ASPHALT
$327,472.64
ASPHALT CURB
0 LF
$0.00
$0.00
STONE PARKING (0 SY)
8 0 TN
$14.60
$0.00
MISC. STONE (0 SY)
0 0 TN
$0.00
$0.00
STRIPING - SEALER - FINISHINGS ($100.00
MINIMUM)
- STRIPING
7656 LF
$0.35
$2,679.60
ARROWS
0 EA
$0.00
$0.00
STOP STRIPES/SIGNS
15 EA
$135.00
$2,025.00
12" LETTERS
0 EA
$0.00
$0.00
HANDICAP SYMBOLS
0 EA
$8.00
$0.00
HANDICAP SIGNS
ON POST
0 EA
$200.00
$0.00
SIGN ON WALL
0 EA
$0.00
$0.00
2 SIGNS ON 1 POST
0 EA
$0.00
$0.00
WHEEL STOPS/BUMPER BLOCKS
~'
0 EA
$30.00
$0.00
SEALER
0 SY
$0.00
$0.00
SUBTOTAL STRIPING
$4,704.60
_ TOTAL ASPHALT PAVING
$332,177.24
4

Riverview Condominium Development - Master/Deveiopment Plan Phase Opinion of Cost BME Project#
171006
QTY UNIT
PRICE/UNIT
EXTENDED
UTILITIES
----------
----
___ ------------- ----------
_ WATER
-----------
----------------
3/4" DOMESTIC SERVICE (TAP ONLY
160 EA
$225.00
$36,000.00
1" DOMESTIC SERVICE
0 LF
$13.00
$0.00
171/2" DOMESTIC SERVICE
0 LF
$15.00
$0.00
3" FIRE LINE
0 LF
$14.00
$0.00
4" WATER/FIRE LINE
0 LF
$15.00
$0.00
6" WATER/FIRE LINE
7656 LF
$32.00
$244,992.00
8" WATER LINE
0 LF
$38.00
$0.00
10" WATER LINE
0 LF
$26.00
$0.00
12" WATER LINE
0 LF
$35.00
$0.00
FIRE HYDRANT ASSEMBLY
26 EA
$2,000.00
$51,040.00
BLOW -OFF ASSEMBLY
0 EA
$1,500.00
$0.00
20 WELLS WITH STEEL CASING TO 50
i
20 LS
$8,000.00
$160,000.00
BORE & JACK
0 LF
$200.00
$0.00
SUBTOTAL WATER
$492,032.00
SANITARY SEWER
4" LATERAL (TAP ONLY TO RAN)
8000 EA
$18.00
$144,000.00
8" GRAVITY SYSTEM W/ MANHOLES
7656 LF
$61.50
$470,844.00
SUBTOTAL SANITARY SEWER
$614,844.00
TOTAL UTILITIES
l
I
$1,106,876.00
i
i
5

Riverview Condominium Development - Master/Development Plan Phase Opinion of Cost BME Project#
171006
i::
LIGHTING/LANDSCAPE ALLOWANCE
AMENITIES (CLUBHOUSE, ETC.)
GATEHOUSE/GATES
FRENCH DRAINS (DRAINAGE/CLEAN-UP)
PROJECT SUBTOTAL
PARK MODEL UNIT COST
PARK MODEL SITE CONSTRUCTION
SITE CONSTRUCTION MANAGEMENT (OH
ENGINEERING/SURVEYING SERVICES
PROJECT CONTINGENCY
GRAND TOTAL
Project Cost per Square Foot
Project Cost per Acre
Project Cost per Park Model
(Est. Residential SF @ 2500SF/lot.)
1 EA $100,000.00 $100,000.00
1 EA $500,000.00 $500,000.00
1 EA $75,000.00 $75,000.00
1 EA $8,000.00 $8,000.00
$13,466,207.24
160 EA
$ 50,000.00 $8,000,000.00
160
$ 14,700.00 $ 2,352,000.00
2%
$269,324.14
6%
$807, 972.43
10%
(MASTER/DEV.) $1,373,553.14
$15,917,056.96
240,000 SF
50.72 AC
160 UNITS
$66.32
$313,822.10
$99,481.61
6