NC0085189_permit issuance_20130729

ALITkA
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Pat McCrory Thomas A. Reeder John E. Skvarla III
Governor Acting Director Secretary
July 29, 2013
Malinda L. Duvall & Taylor N. Duvall
552 Easley Rd
Eden, N.C. 27288
Subject: Issuance of NPDES Permit NCO085189
former Jose's Restaurant WWTP
Rockingham County
Class WW-1
Dear Permittees:
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).
2013. This final permit includes no major changes from the draft permit sent to you on June 5,
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 qu ions concerning this permit, please
contact Charles Weaver at telephone number (919) 807-63W
Sincerely, /
G
Thomas A. Reeder �..
cc: Central Files
Winston-Salem Regional Office / Surface Water Protection
NPDES Unit
1617 Mail Service Center, Raleigh, North Carolina 27699-1617 512 North Salisbury Street, Raleigh, North Carolina 27604
Phone: [phone] / FAX [phone] / http://portal.ncdenr.org/web/wq
An Equal Opportunity/Affirmative Action Employer — 501/o Recycled/10% Post Consumer Paper

Permit NCO085189
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,
Malinda L. Duvall & Taylor N. Duvall
is hereby authorized to discharge wastewater from a facility located at the
former Jose's Restaurant WWTP
170 Jose Dr
Stoneville
Rockingham County
to receiving waters designated as an unnamed tributary to Buffalo Creek in subbasin 03-02-03 of the
Roanoke River Basin in accordance with effluent limits, monitoring requirements, and other conditions set
forth in Parts I, II, III and IV hereof.
This permit shall become effective September 1, 2013.
This permit and authorization to discharge shall expire at midnight on April 30, 2017.
Signed this day July 29, 2013
G
7fnas A. Reeder, ActDix r ing ,Vision of Water Quality
By Authority of the Environmental Management Commission
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Permit NCO085189
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.
Malinda L. Duvall & Taylor N. Duvall are hereby authorized to:
1. Continue to operate an existing 0.005 MGD wastewater treatment facility with the
following components:
♦ Grease trap
♦ Equalization tank
♦ Four septic tanks
♦ Sandfilters
♦ Chlorine disinfection with contact chamber
♦ Dechlorination unit
This facility is located off NC Highway 135 south of Stoneville at the former Jose's
Restaurant WWTP in Rockingham County.
2. Discharge from said treatment works at the location specified on the enclosed map into
an unnamed tributary to Buffalo Creek, currently classified WS-IV waters in hydrologic
unit 03010103 of the Roanoke River Basin.
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Outfall 301
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USGS Quad: Southwest Eden, N.C. NCO085189
Latitude: 36*28'04"
Longitude: 7949'57" former Jose's Restaurant
Stream Class: VIS-TV WVVTP
Subbasin: 30203
Receiving Stream: UT Buffalo Creek
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Location
Rockingham County
Map not to scale

Permit NCO085189
A. (1) EFFLUENT LIMITS AND MONITORING REQUIREMENTS
During the period beginning on the effective date of the permit and lasting until expiration, the permittee is
authorized to discharge treated wastewater from outfall 001. Such discharges shall be limited and monitored
by the permittee as specified below
PARAMETER
Parameter Description - PCS Code
EFFLUENT LIMITS
MONITORING'REQUIREMENTS
Monthly
Average
Daily
Maximum
Unit of
Measure
Measurement
Frequency
Sample Type
Sample Location
Flow - 50050
0.005
MGD
Weekly
Instantaneous
Influent or
Effluent
BOD, 5-Day (20 Deg. C) - 00310
30.0
45.0
mg/L
2 / Month
Grab
Effluent
Total Suspended Solids - 00530
30.0
45.0
mg/L
2 / Month
Grab
Effluent
Ammonia Nitrogen (as N) - 00610
mg/L
Monthly
Grab
Effluent
Fecal Coliform - 31616
(geometric mean)
200
400
#1100ml
2 / Month
Grab
Effluent
Total Residual Chlorinel - 50060
28
Pg/L
2 / Week
Grab
Effluent
Temperature, 'Centigrade - 00010
deg. C
Weekly
Grab
Effluent
Total Phosphorus (as P) - 00665
mg/L
Quarterly
Grab
Effluent
Total Nitrogen (as N) - 00600
mg/L
Quarterly
Grab
Effluent
Oil & Grease - 00556
30.0
60.0
mg/L
2 / Month
Grab
Effluent
pH - 00400
> 6.0 and < 9.0 standard units
s.u.
2/ Month
Grab
Effluent
Footnotes:
1. The Permittee shall report all effluent TRC values reported by a NC -certified laboratory [including field -certified]. Effluent
values < 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.
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NPDES Permit Standard Conditions
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PART II
STANDARD CONDITIONS FOR NPDES PERMITS
Section A. Definitions
2/Month
Samples are collected twice per month with at least ten calendar days between sampling events. These samples shall be
representative of the wastewater discharged during the sample period.
3/Week
Samples are collected three times per week on three separate calendar days. These samples shall be representative of
the wastewater discharged during the sample period.
Act or "the Act"
The Federal Water Pollution Control Act, also known as the Clean Water Act (CWA), as amended, 33 USC 1251, et.
seq.
Annual Average
The arithmetic mean of all "daily discharges" of a pollutant measured during the calendar year. In the case of fecal
coliform, the geometric mean of such discharges.
Arithmetic Mean
The summation of the individual values divided by the number of individual values.
Bypass
The known diversion of waste streams from any portion of a treatment facility including the collection system, which is
not a designed or established or operating mode for the facility.
Calendar Day
The period from midnight of one day until midnight of the next day. However, for purposes of this permit, any
consecutive 24-hour period that reasonably represents the calendar day may be used for sampling.
Calendar Week
The period from Sunday through the following Saturday.
Calendar Quarter
One of the following distinct periods: January through March, April through June, July through September, and
October through December.
Composite Sample
A sample collected over a 24-hour period by continuous sampling or combining grab samples of at least 100 mL in
such a manner as to result in a total sample representative of the wastewater discharge during the sample period. The
Director may designate the most appropriate method (specific number and size of aliquots necessary, the time interval
between grab samples, etc.) on a case -by -case basis. Samples may be collected manually or automatically. Composite
samples may be obtained by the following methods:
(1) Continuous: a single, continuous sample collected over a 24-hour period proportional to the rate of flow.
(2) Constant time/variable volume: a series of grab samples collected at equal time intervals over a 24 hour period
of discharge and combined proportional to the rate of flow measured at the time of individual sample
collection, or
(3) Variable time/constant volume: a series of grab samples of equal volume collected over a 24 hour period with
the time intervals between samples determined by a preset number of gallons passing the sampling point. Flow
measurement between sample intervals shall be determined by use of a flow recorder and totalizer, and the
preset gallon interval between sample collection fixed at no greater than 1/24 of the expected total daily flow at
the treatment system, or
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(4) Constant time/constant volume: a series of grab samples of equal volume collected over a 24-hour period at a
constant time interval. Use of this method requires prior approval by the Director. This method may only be
used in situations where effluent flow rates vary less than 15 percent. The following restrictions also apply:
➢ Influent and effluent grab samples shall be of equal size and of no less than 100 milliliters
➢ Influent samples shall not be collected more than once per hour.
➢ Permittees with wastewater treatment systems whose detention time < 24 hours shall collect effluent grab
samples at intervals of no greater than 20 minutes apart during any 24-hour period.
➢ Permittees with wastewater treatment systems whose detention time exceeds 24 hours shall collect effluent
grab samples at least every six hours; there must be a minimum of four samples during a 24-hour sampling
period.
Continuous flow measurement
Flow monitoring that occurs without interruption throughout the operating hours of the facility. Flow shall be
monitored continually except for the infrequent times when there may be no flow or for infrequent maintenance
activities on the flow device.
Daily Discharge
The discharge of a pollutant measured during a calendar day or any 24-hour period that reasonably represents the
calendar day for purposes of sampling. For pollutants measured in units of mass, the "daily discharge" is calculated as
the total mass of the pollutant discharged over the day. For pollutants expressed in other units of measurement, the
"daily discharge" is calculated as the average measurement of the pollutant over the day. (40 CFR 122.2; see also
"Composite Sample," above.)
Daily Maximum
The highest "daily discharge" during the calendar month.
Daily SaMpling
Parameters requiring daily sampling shall be sampled 5 out of every 7 days per week unless otherwise specified in the
permit. Sampling shall be conducted on weekdays except where holidays or other disruptions of normal operations
prevent weekday sampling. If sampling is required for all seven days of the week for any permit parameter(s), that
requirement will be so noted on the Effluent Limitations and Monitoring Page(s).
DWQ or "the Division"
The Division of Water Quality, Department of Environment and Natural Resources.
Effluent
Wastewater discharged following all treatment processes from a water pollution control facility or other point source
whether treated or untreated.
EMC
The North Carolina Environmental Management Commission
EPA
The United States Environmental Protection Agency
Facility Closure
Cessation of all activities that require coverage under this NPDES permit. Completion of facility closure will allow this
permit to be rescinded.
Geometric Mean
The Nth root of the product of the individual values where N = the number of individual values. For purposes of
calculating the geometric mean, values of "0" (or "< [detection level]") shall be considered = 1.
Grab Sample
Individual samples of at least 100 mL collected over a period of time not exceeding 15 minutes. Grab samples can be
collected manually. Grab samples must be representative of the discharge (or the receiving stream, for instream
samples).
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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 Quality.
Quarterly Average (concentration limit)
The arithmetic mean of all samples taken over a calendar quarter.
Severe prope . damage
Substantial physical damage to property, damage to the treatment facilities which causes them to become inoperable, or
substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a
bypass. Severe property damage excludes economic loss caused by delays in production.
Toxic Pollutant:
Any pollutant listed as toxic under Section 307(a)(1) of the CWA.
Upset
An incident beyond the reasonable control of the Permittee causing unintentional and temporary noncompliance with
permit effluent limitations and/or monitoring requirements. An upset does not include noncompliance caused by
operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive
maintenance, or careless or improper operation.
Weekly Average (concentration limit)
The arithmetic mean of all "daily discharges" of a pollutant measured during the calendar week. In the case of fecal
coliform or other bacterial parameters or indicators, the geometric mean of such discharges.
Section B. General Conditions
1. Duty to Comply_
The Permittee must comply with all conditions of this permit. Any permit noncompliance constitutes a violation of
the CWA and is grounds for enforcement action; for permit termination, revocation and reissuance, or
modification; or denial of a permit renewal application [40 CFR 122.41].
a. The Permittee shall comply with effluent standards or prohibitions established under section 307(a) of the
CWA for toxic pollutants and with standards for sewage sludge use or disposal established under section
405(d) of the CWA within the time provided in the regulations that establish these standards or prohibitions or
standards for sewage sludge use or disposal, even if the permit has not yet been modified to incorporate the
requirement.
b. The CWA provides that any person who violates section[s] 301, 302, 306, 307, 308, 318 or 405 of the Act, or
any permit condition or limitation implementing any such sections in a permit issued under section 402, or any
requirement imposed in a pretreatment program approved under sections 402(a)(3) or 402(b)(8) of the Act, is
subject to a civil penalty not to exceed $37,500 per day for each violation. [33 USC 1319(d) and 40 CFR
122.41(a)(2)]
c. The CWA provides that any person who negligently violates sections 301, 302, 306, 307, 308, 318, or 405 of
the Act, or any condition or limitation implementing any of such sections in a permit issued under section 402
of the Act, or any requirement imposed in a pretreatment program approved under section 402(a)(3) or
402(b)(8) of the Act, is subject to criminal penalties of $2,500 to $25,000 per day of violation, or
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imprisonment of not more than 1 year, or both. In the case of a second or subsequent conviction for a negligent
violation, a person shall be subject to criminal penalties of not more than $50,000 per day of violation, or by
imprisonment of not more than 2 years, or both. [33 USC 1319(c)(1) and 40 CFR 122.41(a)(2)]
d. Any person who knowingly violates such sections, or such conditions or limitations is subject to criminal
penalties of $5,000 to $50,000 per day of violation, or imprisonment for not more than 3 years, or both. In the
case of a second or subsequent conviction for a knowing violation, a person shall be subject to criminal
penalties of not more than $100,000 per day of violation, or imprisonment of not more than 6 years, or both.
[33 USC 1319(c)(2) and 40 CFR 122.41(a)(2)]
e. Any person who knowingly violates section 301, 302, 303, 306, 307, 308, 318 or 405 of the Act, or any permit
condition or limitation implementing any of such sections in a permit issued under section 402 of the Act, and
who knows at that time that he thereby places another person in imminent danger of death or serious bodily
injury, shall, upon conviction, be subject to a fine of not more than $250,000 or imprisonment of not more than
15 years, or both. In the case of a second or subsequent conviction for a knowing endangerment violation, a
person shall be subject to a fine of not more than $500,000 or by imprisonment of not more than 30 years, or
both. An organization, as defined in section 309(c)(3)(B)(iii) of the CWA, shall, upon conviction of violating
the imminent danger provision, be subject to a fine of not more than $1,000,000 and can be fined up to
$2,000,000 for second or subsequent convictions. [40 CFR 122.41(a)(2)]
f. Under state law, a civil penalty of not more than $25,000 per violation may be assessed against any person
who violates or fails to act in accordance with the terms, conditions, or requirements of a permit. [North
Carolina General Statutes § 143-215.6A]
g. Any person may be assessed an administrative penalty by the Administrator for violating section 301, 302,
306, 307, 308, 318 or 405 of this Act, or any permit condition or limitation implementing any of such sections
in a permit issued under section 402 of this Act. Administrative penalties for Class I violations are not to
exceed $16,000 per violation, with the maximum amount of any Class I penalty assessed not to exceed
$37,500. Penalties for Class II violations are not to exceed $16,000 per day for each day during which the
violation continues, with the maximum amount of any Class II penalty not to exceed $177,500. [33 USC
1319(g)(2) and 40 CFR 122.41(a)(3)]
2. Duty to Mitigate
The Permittee shall take all reasonable steps to minimize or prevent any discharge or sludge use or disposal in
violation of this permit with a reasonable likelihood of adversely affecting human health or the environment [40
CFR 122.41(d)].
3. Civil and Criminal Liability
Except as provided in permit conditions on 'Bypassing" (Part II.C.4), "Upsets" (Part II.C.S) and "Power Failures"
(Part II.C.7), nothing in this permit shall be construed to relieve the Permittee from any responsibilities, liabilities,
or penalties for noncompliance pursuant to NCGS 143-215.3, 143-215.6 or Section 309 of the Federal Act, 33 USC
1319. Furthermore, the Permittee is responsible for consequential damages, such as fish kills, even though the
responsibility for effective compliance may be temporarily suspended.
4. Oil and Hazardous Substance Liability
Nothing in this permit shall be construed to preclude the institution of any legal action or relieve the Permittee
from any responsibilities, liabilities, or penalties to which the Permittee is or may be subject to under NCGS 143-
215.75 et seq. or Section 311 of the Federal Act, 33 USG 1321. Furthermore, the Permittee is responsible for
consequential damages, such as fish kills, even though the responsibility for effective compliance may be
temporarily suspended.
5. Property Rights
The issuance of this permit does not convey any property rights in either real or personal property, or any exclusive
privileges, nor does it authorize any injury to private property or any invasion of personal rights, nor any
infringement of Federal, State or local laws or regulations [40 CFR 122.41(g)].
6. Onshore or Offshore Construction
This permit does not authorize or approve the construction of any onshore or offshore physical structures or
facilities or the undertaking of any work in any navigable waters.
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7. Severability
The provisions of this permit are severable. If any provision of this permit, or the application of any provision of
this permit to any circumstances, is held invalid, the application of such provision to other circumstances, and the
remainder of this permit, shall not be affected thereby [NCGS 15013-23].
8. Duty to Provide Information
The Permittee shall furnish to the Permit Issuing Authority, within a reasonable time, any information which the
Permit Issuing Authority may request to determine whether cause exists for modifying, revoking and reissuing, or
terminating this permit or to determine compliance with this permit. The Permittee shall also furnish to the Permit
Issuing Authority upon request, copies of records required by this permit [40 CFR 122.41(h)].
9. Duty to Reapply
If the Permittee wishes to continue an activity regulated by this permit after the expiration date of this permit, the
Permittee must apply for and obtain a new permit [40 CFR 122.41(b)].
10. Expiration of Permit
The Permittee is not authorized to discharge after the expiration date. In order to receive automatic authorization to
discharge beyond the expiration date, the Permittee shall submit such information, forms, and fees as are required
by the agency authorized to issue permits no later than 180 days prior to the expiration date unless permission for a
later date has been granted by the Director. (The Director shall not grant permission for applications to be
submitted later than the expiration date of the existing permit.) [40 CFR 122.21(d)] Any Permittee that has not
requested renewal at least 180 days prior to expiration, or any Permittee that does not have a permit after the
expiration and has not requested renewal at least 180 days prior to expiration, will subject the Permittee to
enforcement procedures as provided in NCGS 143-215.6 and 33 USC 1251 et. seq.
11. Signatory Requirements
All applications, reports, or information submitted to the Permit Issuing Authority shall be signed and certified [40
CFR 122.41(k)].
a. All permit applications shall be signed as follows:
(1) For a corporation: by a responsible corporate officer. For the purpose of this Section, a responsible
corporate officer means: (a) a president, secretary, treasurer or vice president of the corporation in charge
of a principal business function, or any other person who performs similar policy or decision making
functions for the corporation, or (b) the manager of one or more manufacturing, production, or operating
facilities, provided, the manager is authorized to make management decisions which govern the operation
of the regulated facility including having the explicit or implicit duty of making major capital investment
recommendations, and initiating and directing other comprehensive measures to assure long term
environmental compliance with environmental laws and regulations; the manager can ensure that the
necessary systems are established or actions taken to gather complete and accurate information for permit
application requirements; and where authority to sign documents has been assigned or delegated to the
manager in accordance with corporate procedures .
(2) For a partnership or sole proprietorship: by a general partner or the proprietor, respectively; or
(3) For a municipality, State, Federal, or other public agency: by either a principal executive officer or
ranking elected official [40 CFR 122.22].
b. All reports required by the permit and other information requested by the Permit Issuing Authority shall be
signed by a person described in paragraph a. above or by a duly authorized representative of that person. A
person is a duly authorized representative only if:
(1) The authorization is made in writing by a person described above;
(2) The authorization specified either an individual or a position having responsibility for the overall operation
of the regulated facility or activity, such as the position of plant manager, operator of a well or well field,
superintendent, a position of equivalent responsibility, or an individual or position having overall
responsibility for environmental matters for the company. (A duly authorized representative may thus be
either a named individual or any individual occupying a named position.); and
(3) The written authorization is submitted to the Permit Issuing Authority [40 CFR 122.22]
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c. Changes to authorization: If an authorization under paragraph (b) of this section is no longer accurate because
a different individual or position has responsibility for the overall operation of the facility, a new authorization
satisfying the requirements of paragraph (b) of this section must be submitted to the Director prior to or
together with any reports, information, or applications to be signed by an authorized representative [40 CFR
122.22]
d. Certification. Any person signing a document under paragraphs a. or b. of this section shall make the following
certification [40 CFR 122.22]. NO OTHER STATEMENTS OF CERTIFICATION WILL BE ACCEPTED:
7 certify, under penalty of law, that this document and all attachments were prepared under my direction or
supervision in accordance with a system designed to assure that qualified personnel properly gather and
evaluate the information submitted. Based on my inquiry of the person orpersons who manage the system, or
those persons directly responsible for gathering the information, the information submitted is, to the best of my
knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for
submitting false information, including the possibility of fines and imprisonment for knowing violations. "
12. Permit Actions
This permit 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 II, III and IV facility (or the Back-up ORC, when acting as surrogate for the ORC) must:
➢ Visit the facility as often as is necessary to insure proper operation of the treatment system; the treatment
facility must be visited at least five days per week, excluding holidays
➢ Properly manage and document daily operation and maintenance of the facility
➢ Comply with all other conditions of 15A NCAC 08G .0204.
2. Proper Operation and Maintenance
The Permittee shall at all times properly operate and maintain all facilities and systems of treatment and control
(and related appurtenances) which are installed or used by the Permittee to achieve compliance with the conditions
of this permit. Proper operation and maintenance also includes adequate laboratory controls and appropriate quality
assurance procedures. This provision requires the Permittee to install and operate backup or auxiliary facilities only
when necessary to achieve compliance with the conditions of the permit [40 CFR 122.41(e)].
NOTE: Properly and officially designated operators are fully responsible for all proper operation and maintenance
of the facility, and all documentation required thereof, whether acting as a contract operator [subcontractor] or a
member of the Permittee's staff.
3. Need to Halt or Reduce not a Defense
It shall not be a defense for a Permittee in an enforcement action that it would have been necessary to halt or
reduce the permitted activity in order to maintain compliance with the condition of this permit [40 CFR 122.41(c)].
4. Bypassing of Treatment Facilities
a. Bypass not exceeding limitations [40 CFR 122.41(m)(2)]
The Permittee may allow any bypass to occur which does not cause effluent limitations to be exceeded, but
only if it also is for essential maintenance to assure efficient operation. These bypasses are not subject to the
provisions of Paragraphs b. and c. of this section.
b. Notice [40 CFR 122.41(m)(3)]
(1) Anticipated bypass. If the Permittee knows in advance of the need for a bypass, it shall submit prior notice,
if possible at least ten days before the date of the bypass; including an evaluation of the anticipated quality
and effect of the bypass.
(2) Unanticipated bypass. The Permittee shall submit notice of an unanticipated bypass as required in Part
II.E.6. (24-hour notice).
c. Prohibition of Bypass
(1) Bypass from the treatment facility is prohibited and the Permit Issuing Authority may take enforcement
action against a Permittee for bypass, unless:
(A) Bypass was unavoidable to prevent loss of life, personal injury or severe property damage;
(B) There were no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities,
retention of untreated wastes or maintenance during normal periods of equipment downtime. This
condition is not satisfied if adequate backup equipment should have been installed in the exercise of
reasonable engineering judgment to prevent a bypass which occurred during normal periods of
equipment downtime or preventive maintenance; and
(C) The Permittee submitted notices as required under Paragraph b. of this section.
(2) Bypass from the collection system is prohibited and the Permit Issuing Authority may take enforcement
action against a Permittee for a bypass as provided in any current or future system -wide collection system
permit associated with the treatment facility.
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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 ILE.6.(b) of this permit.
(4) The Permittee complied with any remedial measures required under Part II.B.2. of this permit.
c. Burden of proof [40 CFR 122.41(n)(4)]: The Permittee seeking to establish the occurrence of an upset has
the burden of proof in any enforcement proceeding.
6. Removed Substances
Solids, sludges, filter backwash, or other pollutants removed in the course of treatment or control of wastewaters
shall be utilized/disposed of in accordance with NCGS 143-215.1 and in a manner such as to prevent any pollutant
from such materials from entering waters of the State or navigable waters of the United States except as permitted
by the Commission. The Permittee shall comply with all applicable state and Federal regulations governing the
disposal of sewage sludge, including 40 CFR 503, Standards for the Use and Disposal of Sewage Sludge; 40 CFR
Part 258, Criteria For Municipal Solid Waste Landfills; and 15A NCAC Subchapter 2T, Waste Not Discharged To
Surface Waters. The Permittee shall notify the Permit Issuing Authority of any significant change in its sludge use
or disposal practices.
7. Power Failures
The Permittee is responsible for maintaining adequate safeguards (as required by 15A NCAC 02H .0124) to
prevent the discharge of untreated or inadequately treated wastes during electrical power failures either by means
of alternate power sources, standby generators or retention of inadequately treated effluent.
Section D. Monitoring and Records
1. Representative Sampling
Samples collected and measurements taken, as required herein, shall be representative of the permitted discharge.
Samples collected at a frequency less than daily shall be taken on a day and time that is representative of the
discharge for the period the sample represents. All samples shall be taken at the monitoring points specified in this
permit and, unless otherwise specified, before the effluent joins or is diluted by any other wastestream, body of
water, or substance. Monitoring points shall not be changed without notification to and the approval of the Permit
Issuing Authority [40 CFR 122.410)].
2. Reporting
Monitoring results obtained during the previous month(s) shall be summarized for each month and reported on a
monthly Discharge Monitoring Report (DMR) Form (MR 1, 1. 1, 2, 3) or alternative forms approved by the
Director, postmarked no later than the last calendar day of the month following the completed reporting period.
The first DMR is due on the last day of the month following the issuance of the permit or in the case of a new
facility, on the last day of the month following the commencement of discharge. Duplicate signed copies of these,
and all other reports required herein, shall be submitted to the following address:
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NC DENR / Division of Water Quality / Surface Water Protection Section
ATTENTION: Central Files
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
Flow Measurements
Appropriate flow measurement devices and methods consistent with accepted scientific practices shall be selected
and used to ensure the accuracy and reliability of measurements of the volume of monitored discharges. The
devices shall be installed, calibrated and maintained to ensure that the accuracy of the measurements is consistent
with the accepted capability of that type of device. Devices selected shall be capable of measuring flows with a
maximum deviation of less than 10% from the true discharge rates throughout the range of expected discharge
volumes. Flow measurement devices shall be accurately calibrated at a minimum of once per year and maintained
to ensure that the accuracy of the measurements is consistent with the accepted capability of that type of device.
The Director shall approve the flow measurement device and monitoring location prior to installation.
Once -through condenser cooling water flow monitored by pump logs, or pump hour meters as specified in Part I of
this permit and based on the manufacturer's pump curves shall not be subject to this requirement.
4. Test Procedures
Laboratories used for sample analysis must be certified by the Division. Permittees should contact the Division's
Laboratory Certification Section (919 733-3908 or http://portal.ncdenr.org/web/wq/lab/cert) for information
regarding laboratory certifications.
Facilities whose personnel are conducting testing of field -certified parameters only must hold the appropriate field
parameter laboratory certifications.
Test procedures for the analysis of pollutants shall conform to the EMC regulations (published pursuant to NCGS
143-215.63 et. seq.), the Water and Air Quality Reporting Acts, and to regulations published pursuant to Section
304(g), 33 USC 1314, of the CWA (as amended), and 40 CFR 136; or in the case of sludge use or disposal,
approved under 40 CFR 136, unless otherwise specified in 40 CFR 503, unless other test procedures have been
specified in this permit [40 CFR 122.41].
To meet the intent of the monitoring required by this permit, all test procedures must produce minimum detection
and reporting levels that are below the permit discharge requirements and all data generated must be reported down
to the minimum detection or lower reporting level of the procedure. If no approved methods are determined
capable of achieving minimum detection and reporting levels below permit discharge requirements, then the most
sensitive (method with the lowest possible detection and reporting level) approved method must be used.
5. Penalties for Tampering
The CWA provides that any person who falsifies, tampers with, or knowingly renders inaccurate, any monitoring
device or method required to be maintained under this permit shall, upon conviction, be punished by a fine of not
more than $10,000 per violation, or by imprisonment for not more than two years per violation, or by both. If a
conviction of a person is for a violation committed after a first conviction of such person under this paragraph,
punishment is a fine of not more than $20,000 per day of violation, or by imprisonment of not more than 4 years,
or both [40 CFR 122.41].
6. Records Retention
Except for records of monitoring information required by this permit related to the Permittee's sewage sludge use
and disposal activities, which shall be retained for a period of at least five years (or longer as required by 40 CFR
503), the Permittee shall retain records of all monitoring information, including:
➢ all calibration and maintenance records
➢ all original strip chart recordings for continuous monitoring instrumentation
➢ copies of all reports required by this permit
➢ copies of all data used to complete the application for this permit
These records or copies shall be maintained for a period of at least 3 years from the date of the sample,
measurement, report or application. This period may be extended by request of the Director at any time [40 CFR
122.41].
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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 Reporting Requirements
1. Change in Discharge
All discharges authorized herein shall be consistent with the terms and conditions of this permit. The discharge of
any pollutant identified in this permit more frequently than or at a level in excess of that authorized shall constitute
a violation of the permit.
2. Planned Changes
The Permittee shall give notice to the Director as soon as possible of any planned physical alterations or additions
to the permitted facility [40 CFR 122.41(1)]. Notice is required only when:
a. The alteration or addition to a permitted facility may meet one of the criteria for new sources at 40 CFR
122.29(b); or
b. The alteration or addition could significantly change the nature or increase the quantity of pollutants
discharged. This notification applies to pollutants subject neither to effluent limitations in the permit, nor to
notification requirements under 40 CFR 122.42(a)(1); or
c. The alteration or addition results in a significant change in the Permittee's sludge use or disposal practices, and
such alteration, addition or change may justify the application of permit conditions that are different from or
absent in the existing permit, including notification of additional use or disposal sites not reported during the
permit application process or not reported pursuant to an approved land application plan.
3. Anticipated Noncompliance
The Permittee shall give advance notice to the Director of any planned changes to the permitted facility or other
activities that might result in noncompliance with the permit [40 CFR 122.41(1)(2)].
4. Transfers
This permit is not transferable to any person without prior written notice to and approval from the Director in
accordance with 40 CFR 122.61. The Director may condition approval in accordance with NCGS 143-215.1, in
particular NCGS 143-215.1(b)(4)b.2., and may require modification or revocation and reissuance of the permit, or
a minor modification, to identify the new permittee and incorporate such other requirements as may be necessary
under the CWA [40 CFR 122.41(1)(3), 122.61] or state statute.
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5. Monitoring Reports
Monitoring results shall be reported at the intervals specified elsewhere in this permit [40 CFR 122.41(1)(4)].
a. Monitoring results must be reported on a Discharge Monitoring Report (DMR) (See Part II.D.2) or forms
provided by the Director for reporting results of monitoring of sludge use or disposal practices.
b. If the Permittee monitors any pollutant more frequently than required by this permit using test procedures
approved under 40 CFR Part 136 and at a sampling location specified in this permit or other appropriate
instrument governing the discharge, the results of such monitoring shall be included in the calculation and
reporting of the data submitted on the DMR.
6. Twenty-four Hour Reporting
a. The Permittee shall report to the Director or the appropriate Regional Office any noncompliance that
potentially threatens public health or the environment. Any information shall be provided orally within 24
hours from the time the Permittee became aware of the circumstances. A written submission shall also be
provided within 5 days of the time the Permittee becomes aware of the circumstances. The written submission
shall contain a description of the noncompliance, and its cause; the period of noncompliance, including exact
dates and times, and if the noncompliance has not been corrected, the anticipated time it is expected to
continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance [40
CFR 122.41(1)(6)].
b. The Director may waive the written report on a case -by -case basis for reports under this section if the oral
report has been received within 24 hours.
c. Occurrences outside normal business hours may also be reported to the Division's Emergency Response
personnel at [phone], [phone] or [phone].
7. Other Noncompliance
The Permittee shall report all instances of noncompliance not reported under Part II.E.5 and 6. of this permit at the
time monitoring reports are submitted. The reports shall contain the information listed in Part II.E.6. of this permit
[40 CFR 122.41(1)(7)].
8. Other Information
Where the Permittee becomes aware that it failed to submit any relevant facts in a permit application, or submitted
incorrect information in a permit application or in any report to the Director, it shall promptly submit such facts or
information [40 CFR 122.41(1)(8)].
9. Noncompliance Notification
The Permittee shall report by telephone to either the central office or the appropriate regional office of the Division
as soon as possible, but in no case more than 24 hours or on the next working day following the occurrence or first
knowledge of the occurrence of any of the following:
a. Any occurrence at the water pollution control facility which results in the discharge of significant amounts of
wastes which are abnormal in quantity or characteristic, such as the dumping of the contents of a sludge
digester; the known passage of a slug of hazardous substance through the facility; or any other unusual
circumstances.
b. Any process unit failure, due to known or unknown reasons, that render the facility incapable of adequate
wastewater treatment such as mechanical or electrical failures of pumps, aerators, compressors, etc.
c. Any failure of a pumping station, sewer line, or treatment facility resulting in a by-pass without treatment of all
or any portion of the influent to such station or facility.
Persons reporting such occurrences by telephone shall also file a written report within 5 days following first
knowledge of the occurrence. Also see reporting requirements for municipalities in Part IV.C.2.c. of this permit.
10. Availability of Reports
Except for data determined to be confidential under NCGS 143-215.3 (a)(2) or Section 308 of the Federal Act, 33
USC 1318, all reports prepared in accordance with the terms shall be available for public inspection at the offices
of the Division. As required by the Act, effluent data shall not be considered confidential. Knowingly making any
false statement on any such report may result in the imposition of criminal penalties as provided for in NCGS 143-
215. 1 (b)(2) or in Section 309 of the Federal Act.
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11. Penalties for Falsification of Reports
The CWA provides that any person who knowingly makes any false statement, representation, or certification in
any record or other document submitted or required to be maintained under this permit, including monitoring
reports or reports of compliance or noncompliance shall, upon conviction, be punished by a fine of not more than
$25,000 per violation, or by imprisonment for not more than two years per violation, or by both [40 CFR 122.41].
12. Annual Performance Reports
Permittees who own or operate facilities that collect or treat municipal or domestic waste shall provide an annual
report to the Permit Issuing Authority and to the users/customers served by the Permittee (NCGS 143-215.1C). The
report shall summarize the performance of the collection or treatment system, as well as the extent to which the
facility was compliant with applicable Federal or State laws, regulations and rules pertaining to water quality. The
report shall be provided no later than sixty days after the end of the calendar or fiscal year, depending upon which
annual period is used for evaluation.
The report shall be sent to:
NC DENR / Division of Water Quality / Surface Water Protection Section
ATTENTION: Central Files
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
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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.
1. Effluent limitations are listed in Part I of this permit. Other pollutants attributable to inputs from Industrial Users
discharging to the POTW may be present in the Permittee's discharge. At such time as sufficient information
becomes available to establish limitations for such pollutants, this permit may be revised to specify effluent
limitations for any or all of such other pollutants in accordance with best practicable technology or water quality
standards.
2. Prohibited Discharges
a. The Permittee shall develop and enforce their Pretreatment Program to implement the prohibition against the
introduction of pollutants or discharges into the waste treatment system or waste collection system which
cause or contribute to Pass Through or Interference as defined in 15A NCAC 02H .0900 and 40 CFR 403. [40
CFR 403.5(a)(1)]
b. The Permittee shall develop and enforce their Pretreatment Program to implement the prohibitions against the
introduction of the following wastes in the waste treatment or waste collection system [40 CFR 403.5(b)]:
(1) Pollutants which create a fire or explosion hazard in the POTW, including, but not limited to,
wastestreams with a closed cup flashpoint of less than 140 degrees Fahrenheit or 60 degrees Centigrade
using the test methods specified in 40 CFR 261.21;
(2) Pollutants which cause corrosive structural damage to the POTW, but in no case discharges with pH lower
than 5.0, unless the works is specifically designed to accommodate such discharges;
(3) Solid or viscous pollutants in amounts which cause obstruction to the flow in the POTW resulting in
Interference;
(4) Any pollutant, including oxygen demanding pollutants (BOD, etc.) released in a Discharge at a flow rate
and/or pollutant concentration which will cause Interference with the POTW;
(5) Heat in amounts which will inhibit biological activity in the POTW resulting in Interference, but in no
case heat in such quantities that the temperature at the POTW Treatment Plant exceeds 40°C (104°F)
unless the Division, upon request of the POTW, approves alternate temperature limits;
(6) Petroleum oil, non -biodegradable cutting oil, or products of mineral oil origin in amounts that will cause
Interference or Pass Through;
(7) Pollutants which result in the presence of toxic gases, vapors, or fumes within the POTW in a quantity that
may cause acute worker health and safety problems; or
(8) Any trucked or hauled pollutants, except at discharge points designated by the POTW.
c. The Permittee shall investigate the source of all discharges into the POTW, including slug loads and other
unusual discharges, which have the potential to adversely impact the Permittee's Pretreatment Program and/or
the operation of the POTW.
The Permittee shall report such discharges into the POTW to the Director or the appropriate Regional Office.
Any information shall be provided orally within 24 hours from the time the Permittee became aware of the
circumstances. A written submission shall also be provided within 5 days of the time the Permittee becomes
aware of the circumstances. The written submission shall contain a description of the discharge; the
investigation into possible sources; the period of the discharge, including exact dates and times; if the
discharge has not ceased, the anticipated time it is expected to continue; and steps taken or planned to reduce,
eliminate, and prevent reoccurrence of the noncompliance,
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3. With regard to the effluent requirements listed in Part I of this permit, it may be necessary for the Permittee to
supplement the requirements of the Federal Pretreatment Standards (40 CFR, Part 403) to ensure compliance by
the Permittee with all applicable effluent limitations. Such actions by the Permittee may be necessary regarding
some or all of the industries discharging to the municipal system.
4. The Permittee shall require any Industrial User (IU) discharging to the POTW to meet Federal Pretreatment
Standards developed under Section 307(b) of the Act as amended (which includes categorical standards and
specific local limits, best management practices and narrative requirements). Prior to accepting wastewater from
any Significant Industrial User (SIU), the Permittee shall either develop and submit to the Division a new
Pretreatment Program or, as necessary, a modification of an existing Pretreatment Program, for approval as
required under section D below as well as 15A NCAC 02H .0907(a) and (b). [40 CFR 122.440)(2)]
5. This permit shall be modified, or alternatively, revoked and reissued, to incorporate or modify an approved POTW
Pretreatment Program or to include a compliance schedule for the development of a POTW Pretreatment Program
as required under Section 402 (b)(8) of the CWA and implementing regulations or by the requirements of the
approved State pretreatment program, as appropriate.
Section D. Pretreatment Programs
Under authority of sections 307 (b) and (c) and 402(b)(8) of the CWA and implementing regulations 40 CFR 403,
North Carolina General Statute 143-215.3(14) and implementing regulations 15A NCAC 02H .0900, and in accordance
with the approved pretreatment program, all provisions and regulations contained and referenced in the pretreatment
program submittal are an enforceable part of this permit. [40 CFR 122.440)(2)]
The Permittee shall operate its approved pretreatment program in accordance with Section 402(b)(8) of the CWA, 40
CFR 403, 15A NCAC 02H .0900, and the legal authorities, policies, procedures, and financial provisions contained in
its pretreatment program submission and Division approved modifications thereof. Such operation shall include but is
not limited to the implementation of the following conditions and requirements. Terms not defined in Part II or Part IV
of this permit are as defined in 15A NCAC 02H .0903 and 40 CFR 403.3.
1. Sewer Use Ordinance (SUO)
The Permittee shall maintain adequate legal authority to implement its approved pretreatment program. [15A
NCAC 02H .0903(b)(32), .0905 and .0906(b)(1); 40 CFR 403.8(f)(1) and 403.9(b)(1) and (2)]
2. Industrial Waste Survey (IWS)
The Permittee shall implement an IWS consisting of the survey of users of the POTW collection system or
treatment plant, as required by 40 CFR 403.8(f)(2)(i-iii) and 15A NCAC 02H .0905 [also 40 CFR 122.440)(1)],
including identification of all Industrial Users that may have an impact on the POTW and the character and amount
of pollutants contributed to the POTW by these Industrial Users and identification of those Industrial Users
meeting the definition of SIU. Where the Permittee accepts wastewater from one or more satellite POTWs, the
IWS for the Permittee shall address all satellite POTW services areas, unless the pretreatment program in those
satellite service areas is administered by a separate Permittee with an approved Pretreatment Program. The
Permittee shall submit a summary of its IWS activities to the Division at least once every five years, and as
required by the Division. The IWS submission shall include a summary of any investigations conducted under
paragraph C.2.c. of this Part. [15A NCAC 02H .0903(b)(13), .0905 and .0906(b)(2); 40 CFR 403.8(f)(2) and 403.9]
3. Monitoring Plan
The Permittee shall implement a Division -approved Monitoring Plan for the collection of facility specific data to
be used in a wastewater treatment plant Headworks Analysis (HWA) for the development of specific pretreatment
local limits. Effluent data from the Plan shall be reported on the DMRs (as required by Parts ILD and II.E.5.). [15A
NCAC 02H .0903(b)(16), .0906(b)(3) and .0905]
4. Headworks Analysis (HWA) and Local Limits
The Permittee shall obtain Division approval of a HWA at least once every five years, and as required by the
Division. Within 180 days of the effective date of this permit (or any subsequent permit modification) the
Permittee shall submit to the Division a written technical evaluation of the need to revise local limits (i.e., an
updated HWA or documentation of why one is not needed) [40 CFR 122.44]. The Permittee shall develop, in
accordance with 40 CFR 403.5(c) and 15A NCAC 02H .0909, specific Local Limits to implement the prohibitions
listed in 40 CFR 403.5(a) and (b) and 15A NCAC 02H .0909. Pursuant to 40 CFR 403.5, local limits are
Version 1110912011

NPDES Permit Standard Conditions
Page 17 of 18
enforceable Pretreatment Standards as defined by 40 CFR 403.3(1). [15A NCAC 02H .0903(b)(10), .0905, and
.0906(b)(4)]
5. Industrial User Pretreatment Permits (IUP) & Allocation Tables
In accordance with NCGS 143-215.1, the Permittee shall issue to all Significant Industrial Users, permits for
operation of pretreatment equipment and discharge to the Permittee's collection system or treatment works. These
permits shall contain limitations, sampling protocols, reporting requirements, appropriate standard and special
conditions, and compliance schedules as necessary for the installation of treatment and control technologies to
assure that their wastewater discharge will meet all applicable pretreatment standards and requirements. The
Permittee shall maintain a current Allocation Table (AT) which summarizes the results of the HWA and the limits
from all 1UPs. Permitted IUP loadings for each parameter cannot exceed the treatment capacity of the POTW as
determined by the HWA. [15A NCAC 02H .0906(b)(6), .0909, .0916, and .0917; 40 CFR 403.5, 403.8(f)(1)(iii);
NCGS 143-215.67(a)]
6. Authorization to Construct (AtQ
The Permittee shall ensure that an Authorization to Construct permit (AtQ is issued to all applicable Industrial
Users for the construction or modification of any pretreatment facility. Prior to the issuance of an AtC, the
proposed pretreatment facility and treatment process must be evaluated for its capacity to comply with all
Industrial User Pretreatment Permit (1UP) limitations. [ 15A NCAC 02H .0906(b)(7) and .0905; NCGS 143-
215. 1 (a)(8)]
7. POTW Inspection & Monitoring of their IUs
The Permittee shall conduct inspection, surveillance, and monitoring activities as described in its Division
approved pretreatment program in order to determine, independent of information supplied by Industrial Users,
compliance with applicable pretreatment standards. [15A NCAC 02H .0908(e); 40 CFR 403.8(f)(2)(v)] The
Permittee must:
a. Inspect all Significant Industrial Users (SIUs) at least once per calendar year;
b. Sample all Significant Industrial Users (SlUs) at least once per calendar year for all SIU permit -limited
parameters including flow except as allowed under 15A NCAC .0908(e); and
c. At least once per year, document an evaluation of any non -significant categorical Industrial User for
compliance with the requirements in 40 CFR 403.3(v)(2), and either continue or revoke the designation as non-
significant.
8. IU Self Monitoring and Reporting
The Permittee shall require all Industrial Users to comply with the applicable monitoring and reporting
requirements outlined in the Division -approved pretreatment program, the industry's pretreatment permit, or in 15A
NCAC 02H .0908. [15A NCAC 02H .0906(b)(5) and .0905; 40 CFR 403.8(f)(1)(v) and (2)(iii); 40 CFR
122.440)(2) and 40 CFR 403.12]
9. Enforcement Response Plan (ERP)
The Permittee shall enforce and obtain appropriate remedies for violations of all pretreatment standards
promulgated pursuant to section 307(b) and (c) of the CWA (40 CFR 405 et. seq.), prohibitive discharge standards
as set forth in 40 CFR 403.5 and 15A NCAC 02H .0909, specific local limitations, and other pretreatment
requirements. All remedies, enforcement actions and other, shall be consistent with the Enforcement Response
Plan (ERP) approved by the Division. [15A NCAC 02H .0903(b)(7), .0906(b)(8) and .0905; 40 CFR 403.8(f)(5)]
10. Pretreatment Annual Reports (PAR)
The Permittee shall report to the Division in accordance with 15A NCAC 02H .0908. In lieu of submitting annual
reports, Modified Pretreatment Programs developed under 15A NCAC 02H .0904 (b) may be required to submit a
partial annual report or to meet with Division personnel periodically to discuss enforcement of pretreatment
requirements and other pretreatment implementation issues.
For all other active pretreatment programs, the Permittee shall submit two copies of a Pretreatment Annual Report
(PAR) describing its pretreatment activities over the previous calendar year to the Division at the following
address:
Version 1110912011

NPDES Permit Standard Conditions
Page 18 of 18
NC DENR / Division of Water Quality / Surface Water Protection Section
Pretreatment, Emergency Response, and Collection Systems (PERCS) Unit
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
These reports shall be submitted by March 1 of each year and shall contain the following:
a. Narrative
A narrative summary detailing actions taken, or proposed, by the Permittee to correct significant non-
compliance and to ensure compliance with pretreatment requirements;
b. Pretreatment Program Summaa (PPS)
A pretreatment program summary (PPS) on forms or in a format provided by the Division;
c. Significant Non -Compliance Report (SNCR)
A list of Industrial Users (IUs) in significant noncompliance (SNC) with pretreatment requirements, and the
nature of the violations on forms or in a format provided by the Division;
d. Industrial Data Summary Forms (IDSF)
Monitoring data from samples collected by both the POTW and the Significant Industrial Users (SIUs). These
analytical results must be reported on Industrial Data Summary Forms (IDSF) or on other forms or in a format
provided by the Division;
e. Other Information
Copies of the POTW's allocation table, new or modified enforcement compliance schedules, public notice of
Ns in SNC, a summary of data or other information related to significant noncompliance determinations for
Ns that are not considered SlUs, and any other information, upon request, which in the opinion of the Director
is needed to determine compliance with the pretreatment implementation requirements of this permit;
11. Public Notice
The Permittee shall publish annually a list of Industrial Users (IUs) that were in significant noncompliance (SNC)
as defined in the Permittee's Division -approved Sewer Use Ordinance with applicable pretreatment requirements
and standards during the previous twelve month period. This list shall be published within four months of the
applicable twelve-month period. [15A NCAC 02H .0903(b)(34), .0908(b)(5) and .0905 and 40 CFR
403.8(f)(2)(viii)]
12. Record Keeping
The Permittee shall retain for a minimum of three years records of monitoring activities and results, along with
support information including general records, water quality records, and records of industrial impact on the
POTW and shall retain all other Pretreatment Program records as required by 15A NCAC 02H .0908(f). [15A
NCAC 02H .0908(f); 40 CFR 403.12(o)]
13. Pretreatment Program Resources
The Permittee shall maintain adequate funding and qualified personnel to accomplish the objectives of its approved
pretreatment program. and retain a written description of those current levels of inspection. [I 5A NCAC 02H
.0906(b)(9) and (10) and .0905; 40 CFR 403.8(f)(3), 403.9(b)(3)]
14. Modification to Pretreatment Programs
Modifications to the approved pretreatment program including but not limited to local limits modifications, POTW
monitoring of their Significant Industrial Users (SIUs), and Monitoring Plan modifications, shall be considered a
permit modification and shall be governed by 40 CFR 403.18, 15 NCAC 02H .0114 and 15A NCAC 02H .0907.
Version 1110912011

e
t
.) 2 1 DANCE STREET P.O.. BOX 2157 RETI SVIL LE, NC 27320 336- 49 33 l
Public Notice
North Carolina Emrironmental Management
Commission/NPDES Unit
1617 Mail Service Center
Raleigh, NC 27699.1617
Notice of Intent to Issue a NPDES
Wastewater Permit
The North Carolina Environmental Manage-
ment Commission proposes to issue a NPDES
wastewater discharge permit to the person(s)
listed below. Written comments regarding the
proposed permit will be accepted until 30 days
after the publish date of this notice. The Direc
for of the NC Division of Water Quality (DWQ)
may hold a public hearing should there be a sig-
nificant degree of public interest. Please mail
comments and/or information requests to
DWQ at the above address. Interested persons
may visit the DWQ at 512 N. Salisbury Street,
Raleigh, NC to review information on file. Addi-
tional information on NPDES permits and this
notice may be found on our websitP' htrn-i/n—
ar, or by calling (919) 807-6�9t5 Malinda Duvall
& Taylor Duvall reqquested renewal of NPDES
permit NC0085189%se's Restaurant
WWTP/Rockingham County. Facilittfftt�yeedischarg-
CreeWRoaan noke Rf River Basin. aryto
ently, fecal
coliform and total residual chlorine are water
quality limited.
MIT-3
, _ M10 iFiill
NORTH CAROLINA .
ROCKING HAM GGyJNTY
Before tl^e undersigned„ a Notary Public of Said
County and Stotei, duly commissioned, quot-fied, and
authorized by law to administer €}athS,r perSOr3tty
appeared Parn Durham, who 'being first duly sworn,
dep�osss and says, Thant she Is an of5clal of Media
Generat of Reldsvllle, Inc. er aged In the pubis Lion
of a newspapot known as The Reldsvi,te €nevi",
published, Issued and entered aai seco-rd Gloss mail
in tfto tatty of Raidslvliley In ssaW County and State; that
she 4 autholted to make this a�fldaylt and sworn
stater lni, that the notice or other legal advertlserrent,
a truce Gay ofwhir,,h Is attached hereto, was publ1shed
in The Reidsville Review on on the follt w'ng bates;
t 2
arid tt,at ttire said newspaper ire ',vhlr oh such notica,
paper document, or lagal advertisement yves pub' uhed
was, at the time of each and every such publication. a
newspaper moet rg all of the requ(rerneints and
rdualittnatJons of Sec;t on f-597 of ibe Gene(al Statutcs
of Nodh Carolina and was qualirW r+ewspaper within
the interning of ectkx) 1-591 of the general Statutes.
of North Carolina.
Sworn to and subscribnd ba'cre rna, this(9%
day ref ­A0—L'!)-.
%4ly commission expires tl~a day of
SARAH D. GENTRY
s Notary Public
!?r' ? j/+„rrnn,onwaalth of Virginia
.Y' Rag. #320673
*� My Commission Expires

Weaver, Charles
From: Taylor -Smith, Aana
Sent: Thursday, June 13, 2013 11:51 AM
To: Weaver, Charles
Subject: RE: DRAFT permit renewal for NC0085189
Hi Charles,
I have spoken with the ORC for the WWTP at Jose's Restaurant, Paul Smith, and he thinks that it would be very easy to
get the plant up and running, as well as operate the plant as required by the permit. He operated the plant before it was
shut down, so he is familiar with the system. I also went to visit the site today and it appears as described in the permit.
It will definitely need some repairs and maintenance before it will be operational, but I assume the owners are aware of
that. Additionally, there was a sign that read "Future home of Tate's Pizza Parlor," so I'm not sure if they want to change
the name on the permit to that or keep it as Jose's Restaurant.
Other than the aforementioned repairs and potential name change, I don't see any issues with the new permit. Let me
know if you'd like me to send you some photos I took at the site this morning.
Thanks!
Aana Taylor -Smith
Surface Water Protection Section
Winston-Salem Regional Office
Division of Water Quality
Phone: [phone]
Fax [phone]
E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to
third parties.
From: Weaver, Charles
Sent: Tuesday, June 04, 2013 1:48 PM
To: Edwards, Lisa; Taylor -Smith, Aana
Subject: DRAFT permit renewal for NC0085189
Importance: High
This is a class WW-1 facility in Rockingham County. The permit was revoked in 2009, but new owners have come
forward to re -open the business.
Send me any comments by July 81n
Thanks,
CHW

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Pat McCrory, Governor Charles Wakild, P.E., Director John E. Skvarla III, Secretary
June 4, 2013
161111OLCO)*171�ibi
To: Lisa Edwards
NC DENR / DWR / Regional Engineer
Winston-Salem Regional Office
From: Charles H. Weaver, Jr.
NPDES Unit
Subject: Review of Draft NPDES Permit NCO085189
Jose's Restaurant WWTP
Rockingham County
Please indicate below your agency's position or viewpoint on the draft permit and return this
form by July 8, 2013. If you have any questions on the draft permit, please contact me at
the telephone number or e-mail address listed at the bottom of this page.
RESPONSE: (Check one)
✓ Concur with the issuance of this permit provided the facility is operated and maintained properly,
the stated effluent limits are met prior to discharge, and the discharge does not contravene the
designated water quality standards.
F-1
Concurs with issuance of the above permit, provided the following conditions are met:
F-1
Opposes the issuance of the above permit, based on reasons stated below, or attached:
Signed
ate: 6-4-13
1617 Mail Service Center, Raleigh, North Carolina 27699-1617 919 807-6391 (fax) 919 807-6489
VISIT US ON THE INTERNET @ HT-rP:HPORTAL.NCDENR.ORG/WEB/WQ charles,weaver@ ncdenr.gov
An Equal Opportunity/Affirmative Action Employer- 501/o Recycled/10% Post Consumer Paper

FACT SHEET FOR EXPEDITED PERMIT RENEWALS
This form must be completed by Permit Writers for all expedited permits which do not require
Ul Fact Sheets. Expedited permits are generally simple 100% domestics (e.g., schools, mobile
home parks, etc) that can be administratively renewed with minor changes, but can include
facilities with more complex issues (Special Conditions, 303(d) listed water, toxicity testing,
instream monitoring, compliance concerns).
Basic Information for Expedited Permit Renewals
Permit Writer/Date
Charles H. Weaver 6/4/2013
Permit Number
NCO085189
Facility Name
Jose's Restaurant WWTP
Basin Name/Sub-basin number
03-02-03
Receiving Stream
UT Buffalo Creek
Stream Classification in Permit
WS-IV
Does permit need Daily Max NH3 limits?
N/A
Does permit need TRC limits/language?
No — already present
Does permit have toxicity testing?
No
Does permit have Special Conditions?
No
Does permit have instream monitoring?
No
Is the stream impaired (on 303(d) list)?
No
For whatparameter?
Any obvious compliance concerns?
None
Any permit modifications since last permit?
Permit was revoked in 2009 due to Owner's
failure to pay annual fees and maintain an
ORC. New owners are reactivating the
existing system.
New expiration date
4/30/2017
Comments on Draft Permit
Updated list of installed components.
Added TRC compliance level text.
Review of EAA by Dr. Sergei Chernikov noted
that reinstatement of this permit was the best
option for the facility. Nothing in the
wastewater source has changed and no
treatment components have changed. Limits
are the same as in the last permit renewal
(2007).
Most Commonly Used Expedited Language:
• 303(d) lanQuaQe for Draft/Final Cover Letters: "Please note that the receiving stream
is listed as an impaired waterbody on the North Carolina 303(d) Impaired Waters List.
Addressing impaired waters is a high priority with the Division, and instream data will
continue to be evaluated. If there is noncompliance with permitted effluent limits and
stream impairment can be attributed to your facility, then mitigative measures may be
required".
• TRC lan ua a for Compliance Level for Cover Letters/Effluent Sheet Footnote:
"The facility shall report all effluent TRC values reported by a NC certified laboratory
including field certified. However, effluent values < 50 µg/1 will be treated as zero for
compliance purposes."

2013-04-22 11:37 VOLUNTEER SERVICES 3368324809 >> 336 623 7308
P 2/2
Attachment A. Local Government Review Form
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 Envimnmental Management
Commission (EMC) may not act on an application for a new non -municipal domestic wastewater disch&W facility until it has
teccived a written statement from each city and county government having jurisdiction over any part of the lands on which the
proposed facility and im appurtenances are to be located. The written statement shall document whether the city or county has a
zoning or subdivision -)rdinance in effect and (f 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 zotung or subdivision ordinances unless the approval of such application is determined to have statewide
tigniFscance and is in the best interest of the State.
lnatructical 19 the lcgat: prior to submitting an application for it NPDES Pemtit for a proposed facility, the applicant
shall request that both the nearby city and county government complete this form. The applicant musr.
■ Submit a copse 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), taithin 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 governments) failed to respond within 15 days, the applicant shall subndt 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.
InstrurtIMI to the Local Government: The neatby city and/or county government which may have or has jurisdiction over
any par: 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 Rockingham County
(City/County)
Does the ci
ty/ unty hive jurisdiction over any part of the land on which the proposed facility and its appurtenances are to be
located? Yes W 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 `A No [ )
If there is a zoning or subdivision ordinance in effect, is the plan for the proposed facility consistent with the ordinance? Yes ANo [ )
Date CA • as, .-
Signature .
(City Manager/County Mena cr)
State of t V O r-0\Q6,NCO 1.1 n C_-._ County of
On this 3 r� day 1of �y� _ RA, personally appeared before me, the said
name Lid If! C 'L L. �2` 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 some and being duly, `wor,,,,,,,,i�,,', `,
by me, mode oath that die statements in the foregoing document ate true, ,
¢. MASS,
My Commission expires �az' �+ ' �.� .(Signature of Notary Public)—'si-_�_—T ° �Ps•'•••~•'•y��"
Notary Public (` ia= OTAlgy s �=
od
000000
iAAAGufdance Document Version., June 23, 2005 ,,,•���� r111111 0��e
Page 8 of 8

ma
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Pat McCrory Charles Wakild, P. E. John E. Skvarla, III
Governor Director Secretary
May 2, 2013
Mrs. Malinda Duvall
Joses Restaurant
652 Easley Road
Eden, North Carolina 27288
Subject: Engineering Alternative
Analysis (EAA)
Permit NCO085189
Joses Restaurant
Rockingham County
Dear Mrs. Duvall:
The Division of Water Quality (Division) has reviewed your Engineering
Alternative Analysis (EAA) for Whispering Streams. 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 the permitting of the discharge, the new draft
permit will be publicly noticed in a regional newspaper. The entire 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.
1617 Mail Service Center, Raleigh, North Carolina 27699-1617
Location: 512 N. Salisbury St, Raleigh, North Carolina 27604
Phone: [phone] l FAX: [phone]
Internet: www.ncwaterguality.org
NorthCarohna
Naturally
An Equal Opportunity l Affirmative Action Employer

John D. Wall
May 10, 2013
Page 2 of 2
If you have any questions about the NPDES permit process, contact me at the
following e-mail address - sergei.chernikov(a�ncdenr.gov, or telephone number
919-807-6393.
Sincerely,
"S
S .rgei Chernikov, Ph.D.
environmental Engineer II
Complex NPDES Permitting
Unit
cc: NPDES File
Winston-Salem Regional Office/Surface Water Protection
Bill Mitchell (William E. Mitchell Associates)

WILLIAM E. MITCHELL ASSOCIATES
CIVIL ENGINEERS, LAND PLANNERS & SURVEYORS
ENGINEERING ALTERNATIVES ANALYSIS
JOSES RESTAURANT
ROCKINGHAM COUNTY, N.C.
1. CONNECT TO EXISTING PUBLIC SEWER SYSTEM
There is Rockingham County public sewer available
approxi.mateIy 6.7 miles west of the site at the intersection
of N.C. Hwy. 135 and U.S. Hwy. 220. This an. excessive/cost
prohibitive option and is not being considered.
There is City of Eden public sewer available approximately
2.2 miles east of the site at the intersection of N.C. Hwy.
135 and Harrington Highway. This option is being explored.
The City of Eden has no plans for further expansion of its
system, Their policy is that all. costs will be borne by the
developer. Based on topography, there is only limited areas
where gravity sewer is anticipated. A. pump station will. be
required, and based on the prospect of limited residential or
Hwy. 135 business development, i. t is anticipated that the
pump station would handle a volume of less than 50,000 GPD.
Based on similar sewer facility design for the City of Eden,
the City of Greensboro, and the City of Lexington, the
estimated costs for this alternative are as follows:
8" gravity sewer - 3,200 L.F. @ $75/L.F. _ $240,000
Bore under Harrington Highway = 10,000
6" force main - 8,500 L.F. Q $20/L.F. = 1701000
Pump Station - 75,000
Land Aquisition for pump station _ 25,000
2" private farce main. - 800 L.F. @ $15/L.F. - 12,000
Total Estimated System Cost
532,000
This alternative is cost -prohibitive and. no future casts need
be included.
1
1903-C ASHWOOD COURT ■ GREENSBORO, NORTH CAROLINA 27455 ■ [phone]

#0 .
2, LAND APPLICATION
This analysis is based on Rockingham County, soils map data
and on a recent subsurface system design for a similar
restaurant located in Rockingham County, That design included
similar suitable soils as found in the vicinity for this
analysis. The permit was for a 3,000 gl)d system with LTAR
0.25. Joses restaurant is a single service facility with 200
seats; the design flow is 20 gpd per seat for a total flow of
4,000 gpd. Based or), the LTAR = 0.25, it is estimated that
approximately 5,000 L,F, of trench lines will be required.
The land area required for the 3,000 gpd. restaurant was
approximately 6 acres for t1l"le inAtia.] system and the required
repair area. For 4,000 gpd, it ' is assumed that approximately
8 acres will be required to acoount for land slopes and.
various setback requirements.
The property included with Joses Restaurant does not have
suitable soils on -site for the design flow. A USGS Quad Sheet
arid Rockingham County soils map was used Lo identify possible
areas for an off -site disposal system. As seen on the quad
sheet and Rockingham County tax maps, there are houses and
businesses along both sides of N.C, Hwy. 135. These existing
uses are served by individival septic systemsarid. it is
estimated that a 2001 deep strip of land each side of the
road would be reserved for these sepLic systems. Beginning at
a distance of 800' to 1,000' from the road on each side, the,
topography and existing streams make the land unsuitable for
land application.
It was felt that looking for available land should be limited
to 1/2 mile in each direction from the restaurant, Beyond
that, it becomes impractical to pump to the field and be able
to obtain private easements from intervening land owners.
This analysis assumes that land would be available for
purchase at one of the potential sites.
A local realtor assisted with potential land costs. System
costs are based on prices for the previously designed system
for a 3,000 gpd restaurant. The estimated costs for this
alternative, are as follows:
Drainfield - 5,000 L.F. X 31 width = 15,000 S.F. $ 60,000
@ $4/S.F.
2" force main - 2 lines 0 2,000 L.F. ea. 40,000
4,000 L.F. 0 $10/1-F.
Land aquisition - 8 acres @ $6,000/ac. 48,000
Private easement for force. mains - 1,500 L.F. X = 15,000
10' wid.tb P $10/L.F.
Total Estim"ated System Cost 163,000
2

s• .
Owner will u.ti.lize existing grease trap, septic Lanks, pump
tank, pumps and controls,
This alternative is cost -prohibitive and no future costs need
be included.
3. WASTEWATER REUSE
There are no potential recipients for recycled gray water.
Based on cost data, for a. recyc.�].e system recently installed in
Guilford County for a r_.a.r wash, the estimated cost for a
4,000 gpc3 system would. be $250,000, It is impra.ti.cle to treat
this water for reuse in the restaurant, therefor this is not
a. viable alternative.
SUMMARY:
The restaurant has an existing system designed for 5,000 gpd.,
has been operat;i.ng wi.thouL problems, and has been monitored
by a licensed operator (reports from 2008 & 2009 enclosed)
until its closure in. 2010. The syst:.em is still operational
and the owner- has no reason to abandon i t . The alternatives
explored do not offer a better system and each are coast--
probibi.ti.ve. Tt is recommended that the NPDES Permit be
issued .for the new owner and that; the system be operated and
monitored by a, l icense;d operator as in the past.
Thank you for your assistance, and if there are further
questions, please call me at 336--540-0060 .
Yours truly,
oiA
William E. Mitchell, P.E.
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U.S. DEPARTMENT OF AGRICULTURE
SOIL CONSERVATION SERVICE
SOIL LEGEND
Map symbols consist of a combination of letters or of letters and a
number. The first capital letter Is the initial one of the map unit name.
The lower case letter that follows separates map units having names
that begin with the same letter, except that it does not separate sloping
or eroded phases. The second capital letter indicates the class of slope.
Symbols without a slope letter are for nearly level soils or miscellaneous
areas. A final number of 2 indicates that the sail is eroded.
SYMBOL NAME
Ap13 Appling sandy loam, 2 to 8 percent slopes
ApD Appling sandy loam, 8 to 15 percent slopes
AyC Ayersville gravelly loam, 4 to 15 percent slopes
AyF Ayersville gravelly loam, 15 to 45 percent slopes
CcI3 Cecil sandy loam, 2 to 8 percent slopes
CdB2 Cecil sandy clay loam, 2 to 8 percent slopes, eroded
CeC Cecil -Urban land complex, 2 to 10 percent slopes
Ch Chastain silty clay loam
Ck Chewacla loam
Co Congaree loam
CrB Creedmoor fine sandy loam, 1 to 4 percent slopes
DoB Dogue loam, 0 to 4 percent slopes
HeB Helena sandy loam, 2 to 8 percent slopes
HwB Hiwassee loam, 2 to 8 percent slopes
HwD Hiwassee loam, 8 to 15 percent slopes
IrB Iredell fine sandy loam, 2 to 8 percent slopes
Ird Iredell fine sandy loam, 8 to 15 percent slopes
LeB
Leaksvlile silt loam, 0 to 4 percent slopes
LkB
Leaksville-Urban land complex, 0 to 4 percent slopes
MaD
Madison sandy loam, 8 to 15 percent slopes
MaE
Madison sandy loam, 15 to 35 percent slopes
MbB2
Madison sandy clay loam, 2 to 8 percent slopes, eroded
MbD2
Madison sandy clay loam, 8 to 15 percent slopes, eroded
MbE2
Madison sandy clay loam, 15 to 25 percent slopes, eroded
McC2
Madison-Udorthents complex, 2 to 15 percent slopes, Bullied
MdB
Mayodan sandy loam, 2 to 8 percent slopes
MdD
Mayodan sandy loam, 8 to 15 percent slopes
MdE
Mayodan sandy loam, 15 to 25 percent slopes
McB2
Mayodan sandy clay loam, 2 to 8 percent slopes, eroded
McD2
Mayodan sandy clay loam, 8 to 15 percent slopes, eroded
McE2
Mayodap sandy clay loam, 15 to 25 percent slopes, eroded
MtC
Mayodan-Urban land complex, 2 to 10 percent slopes
MkB2
Mecklenburg sandy clay loam, 2 to 8 percent slopes, eroded
PaD
Pacolet sandy loam, 8 to 15 percent slopes
PaE
Pacolet sandy loam, 15 to 25 percent slopes
PaF
Pacolet sandy loam, 25 to 40 percent slopes
PcD2
Pacolet sandy clay loam, 8 to 15 percent slopes, eroded
PcE2
Pacolet sandy clay loam, 15 to 25 percent slopes, eroded
PnC
Pinkslon fine sandy loam, 6 to 15 percent slopes
PnF
Pinkston fine sandy loam, 15 to 45 percent slopes
Pt
Pits, Clay
Clu Pits, Quarries
RnB Rion sandy loam, 2 to 8 percent slopes
RnD Rion sandy loam, 8 to 15 percent slopes
RnE Rion sandy loam, 15 to 30 percent slopes
RoC Rion -Urban land complex, 2 to 10 percent slopes
SeB
Sedgelield sandy loam, 2 to 8 percent slopes
SpB
Spray loam, 0 to 5 percent slopes
SuB
Spray -Urban land complex, 0 to 5 percent slopes
SvE1
Stoneville loam, 2 to 8 percent slopes
SvD
Stoneville loam, 8 to 15 percent slopes
SvE
Stoneville loam, 15 to 25 percent slopes
SwC
Stoneville -Urban land complex, 2 to 10 percent slopes
Lid Udonhents, loamy
Ur Urbanland
Vab Vance sandy loam, 2 to 8 percent slopes
VaD Vance sandy loam, 8 to 15 percent slopes
WaD
Wateree fine sandy loam, 6 to 15 percent slopes
WaF
Wateree fine sandy loam, 15 to 45 percent slopes
We
Wehadkee silt loam
WhB
Wickham sandy loam, 1 to 4 percent slopes
WkC
Wilkes sandy loam, 4 to 10 percent slopes
WkF
Wilkes sandy loam, 10 to 45 percent slopes
ROCKINGHAM COUNTY, NORTH CAROL
CULTURAL FE
BOUNDARIES
National, state or province
County or parish
Minor civil division
Reservation (national forest
state forest or park,
and large airport)
Land grant
Limit of soil survey (label)
Field sheet matchline and r
AD HOC BOUNDARY (label)
Small airport, airfield, parl
cemetery, or flood pool
STATE COORDINATE TICK
LAND DIVISION CORNER
(sections and land grants)
ROADS
Divided (median shown
if scale permits)
Other roads
Trail
ROAD EMBLEM & DESIGNS
Interstate
Federal
State
County, farm or ranch
RAILROAD
POWER TRANSMISSION L
(normally not shown)
PIPE LINE
(normally not shown)
FENCE
(normally not shown)
LEVEES
Without road
With road
With railroad
DAMS
Large (to scale)
Medium or Small
PITS
Gravel pit
Mine or quarry

Exhibit 2-1
HYDROLOGIC CLASSIFICATION OF SOIL SERIES IN NORTH CAROLINA 1/ 2/
Soil Series
.Alaga A
Alamance B
Dragston D/C
Dunbar D/B
Lloyd B
Rabun B
Albany C/A
Duplin C/B
Lockhart B
Rains D/B
Altavista C/B
Durham. B
Louisa B
Ramsey D
Americus A
Dykes B
Louisburg B
Ran er
g (unclassified)
ApplAsheinB B
Edneyville B
LucA
Lucy y D/C
Ridgeland
Augusta C
Elbert D
Elioak B
Lynchburg C/B
(not coordinated) I
Rimini C
Avery B
Elsinboro A
Lynn Haven D/C
Roanoke D
Aycock B
Enon C
Madison B
Rosman B
Barclay C
Eustis A
Magnolia B
Rumford B
Barth C
Exum C/B
Mantachie C/B
Ruston B
Bayboro D/C
Faceville B
Manteo D
Ruttege D/B
Bertie C/B
Bibb D/B
Fannin B
M
Marlboro B
Masada B
Salvda C/B
Bladen D/C
Fletcher B
Maxton B
Scranton D/B
Blaney B
Fuquay B
* Mayodan B
Seneca C/B
Blanton A
Georgeville B
McColl D/C
Starr B
Bowie B
Gilead C
Mecklenburg C
State B-
Braddock B
Goldsboro C/B
Me ggett D/C
Suncook A
Bradley B
Goldston C
Molena A
Surry (unclassified) B
Brandywine B
Granville B
Musella B
Talladega C
Brevard B
Grover B
Myatt D/C
Tallapoosa C
Bucks B
Guin A
Nahunta C/B
Tate $
Buncombe A
Gwinnett B
Nason C
Tatum B
Burton B
Hartsells B
Nixonton B
Thurmont B
Byars D
Hatboro D/C
Norfolk $
Toisnot
Cahaba B
Hayesville B
Ochlockonee B
(not coordinated) C/B
Cape Fear D/B
Haywood B
Ocilla C/B
Toccoa B
Caroline C
Helena C
Olustee D/C
Torhurita C/A
Cartecay C
HHerndon B
On slow B
Toxaway D
Cataula C
Hiwassee B
Orange D
Transylvania B
Cecil B
Hoffman C
Orangeburg B
Troup A
Chandler B
Hulett B
Osier D
Tuckerman D/C
Chastain D
Hyde D/C
Pacolet B
Tnison e B
Chester B
Invershiel C
Pactolus C/A
Unison B
Chesterfield B
Iredell D
Ireduka C
Pamlico DJC
Vance C
Varina C
Chewacla C
Izagora C
Pantego D/C
Varina C
Chipley C/A
Johus C/B
D/B
Pelham
Wadeaboro B
Clifton B
Johnston D/B
Pelham D/C
D/
Wagram A
Codorus C
Kalmia B
render D
Wahee D/C
Colfax, variant C
Kenansville A
Penn C/B
Wake D
Comus B
Kershaw A
Pinkaton C
Watauga B
Congaree B
Kinston D/C
Plummer D/B
Wedowee B
Cowarts C
Lakeland A
Pocalla A
Weeksville D/B
Coxville D/C
Leaf D/C
Pocomoke D/B
Wehadkee D
Craven C
Lenoir D/B
Pomello C/A
Weston D/C
Davidson B
Delanco C
Leon C/B
Ponzer D/C
Porters B
White Store D
Dorovan D
Liddell D/C
Portsmouth D/C
Wickham B
Dothan B
Wicksburg B
Wilkes C
Worsham D
For farm eli pond and reservoir d
esig , the soils are
end of longduration
classified on the basis
the protective effects
storms
of vegetatio after prior
of intake of water at the
wetting and opportunity for swelling,
and without
For combination flood
of water after artificial
prevention and drainage channels, the soils are
drainage, This
classified on the basis
Plain soils,
grouping applies only to the
of intake
lower Piedmont and Coastal
Dual classifications (D/B) are indicated for soils
hydrologic unit for. the soil. This
if a complete drainage system
would change the
It could have.
soil would have a classification of D with
a classification
Refer to page 2 -3, Engineering
of B if a complete
Field
drainage system were
no artificial drainage.
installed,
Manual for Conservation Practices !:or
hydrologic
Boil groups,

4
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman
Governor Director Secretary
August 17, 2012
Mr. Carlton Long
552 Easley Rd
Eden, N.C. 27288
Subject: Proposed Jose's Restaurant WWTP
Rockingham County
To Whom It May Concern:
The time normally required to issue an. NPDES permit for a new discharge of domestic
wastewater is approximately 180 days. However, due to staff and funding reductions since
2008, all of our processing times have been affected. The time necessary to issue a new permit
can be protracted, depending upon the type of system proposed, the characteristics of the
receiving stream, potential public concerns that must be addressed, etc.
The timing of your application submission may also affect the time necessary to issue
the permit. While some preparatory material exists in the file for the previous permit, the
lack of staff is the biggest limitation we currently face.
If you have any questions concerning this matter, please contact Charles Weaver at
telephone number [phone].
ncer ly,
John Hennessy, Supervisor
Expedited Permitting and Compliance Unit
cc: Winston-Salem Regional Office/Surface Water Protection
NPDES Unit
1617 Mail Service Center, Raleigh, North Carolina 27699-1617
512 North Salisbury Street, Raleigh, North Carolina 27604
Phone: [phone] / FAX [phone] / http://portal.ncdenr.org/web/wq
An Equal Opportunity/Affirmative Action Employer — 501/6 Recycled/101/o Post Consumer Paper
Nne
orthCarohna
Naturally

Weaver, Charles
From: Hennessy, John
Sent: Monday, August 13, 2012 2:55 PM
To: Weaver, Charles
Subject: FW: letter request
Charles,
Can you draft a letter my signature? Thanks.
John Hennessy
NCDENR/Dieision of Water Quality
Surface Water Protection Section
1617 Mail Service Center
Raleigh. NC 27699-1617
Phone: [phone]
email: john.hennessv(a)ncdenr.gov
Email correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties.
From: Thomas, Mike
Sent: Wednesday, August 08, 2012 1:47 PM
To: Hennessy, John
Cc: Weaver, Charles
Subject: RE: letter request
Sorry, I wasn't clear. He is not asking for specific amount of time just documentation that the normal permitting window
is between 12 and 18 months for all applicants for this type of permit.
Mike S. Thomas
NC DENR Division of Water Quality
585 Waughtown Street
Winston-Salem, NC 27107
[phone]
Fax [phone]
E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be
disclosed to third parties.
From: Hennessy, John
Sent: Wednesday, August 08, 2012 1:45 PM
To: Thomas, Mike
Cc: Weaver, Charles
Subject: RE: letter request
Not sure we can do that. We have no way of determining the length of time it will take to permit a facility. The timeline
can effected by rules, quality of the application, workload of other staff, backlog, etc. Not sure how to help you this
one.
John Hennessy
NCDENR/Division of Water Quality

Surface Water Protection Section
1617 Mail Service Center
Raleigh NC 27699-1617
Phone: [phone]
email: john.hennessvfdncdenr. ov
Email correspondence to and from this address may be subject to the North Carolina Public Records taw and may be disclosed to third parties.
From: Thomas, Mike
Sent: Wednesday, August 08, 2012 12:50 PM
To: Hennessy, John
Cc: Weaver, Charles
Subject: letter request
Hi John,
I have been working with a gentleman named Carlon Long, whose is trying to purchase an old facility that we used to
permit in Rockingham county. The facility was permitted under the name Jose's Restaurant (Charles is familiar with it).
The perspective buyer has requested that we provide him with a letter outlining how long it takes to get a new NPDES
wastewater permit that he can present to the bank. His bank only wants to give him a 90 day option to work out all of
the permitting for the facility. Corey felt that it would be best coming from your office.
Mr. Long has requested that the letter be addressed to "Whom it May Concern" and referencing Jose's Restaurant.
Mr. Long's address is:
552 Easley Rd.
Eden, NC 27288
Thanks for the help,
Mike S. Thomas
NC DENR Division of Water Quality
585 Waughtown Street
Winston-Salem, NC 27107
[phone]
Fax [phone]
E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be
disclosed to third parties.