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HomeMy WebLinkAboutNC0088056_Regional Office Physical File Scan Up To 11/6/2020:T41 NCDENR North Carolina Department of Environment and Natural Division of Water Resources Water Quality Programs Pat McCrory Thomas A. Reeder Governor Director CERTIFIED MAIL RETURN RECEIPT REQUESTED Mr. Ed Nunez, Registered Agent Vista Developers, LLC 525 North Main Street Hendersonville, North Carolina 28792 September 30, 2013 7012 1010 0002 1967 6681 Resources John E. Skvada, III Secretary SUBJECT: Notice of Violation and Assessment of Civil Penalty for Violations of North Carolina General Statute (G.S.) 143-215.1(a)(6) and NPDES Permit NCO088056 Vista Developers, LLC Blacksmith Run WWTP Case No. LM-2013-0026 Henderson County Dear Mr. Nunez: This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $266.50 ($119.00 civil penalty + $147.50 enforcement costs) against Vista Developers, LLC. This assessment is based upon the following facts: a review has been conducted of the discharge monitoring report (DMR) submitted by Vista Developers, LLC for the month of June 2013. This review has shown the subject facility to be in violation of the discharge limitations and/or monitoring requirements found in NPDES Permit NC0088056. The violations which occurred in June 2013 are summarized in Attachment A to this letter. Based upon the above facts, I conclude as a matter of law that Vista Developers, LLC violated the terms, conditions or requirements of NPDES Permit NCO088056 and G.S. 143-215. 1 (a)(6) in the manner and extent shown in Attachment A. In accordance with the maximums established by G.S. 143-215.6A(a)(2), a civil penalty may be assessed against any person who violates the terms, conditions or requirements of a permit required by G.S. 143-215.1(a). Based upon the above findings of fact and conclusions of law, and in accordance with authority provided by the Secretary of the Department of Environment and Natural Resources and the Director of the Division of Water Resources, I, G. Landon Davidson, Division of Water Resources Regional Supervisor for the Asheville Region, hereby make the following civil penalty assessment against Vista Developers, LLC: WATER QUALITY SECTION—ASHEVILLE REGIONAL OFFICE Location: 2090 U.S. Highway 70, Swannanoa, NC 28778 Phone: (828) 296-4500 FAX: (828) 299-7043 Internet: h2o.enr.state.nc.us ci2_ An Equal Opportunity/ Affirmative Action Employer $.00 $.00 $44.00 $75.00 $119.00 $147.50 $266.50 Pursuant to G.S. 143-215 account the Findings of F 282.1(b), which are: (1) The degree and ex1 to private property (2) The duration and g (3) The effect on grou (4) The cost of rectifyi (5) The amount of mo: (6) Whether the violat. (7) The prior record of which the Environ (8) The cost to the Sta Within thirty days of 0 of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Permit No. NC0088056, by discharging waste water into the waters of the State in violation of the Permit Monthly Average limit for FLOW. For 0 of the 2 failures to properly monitor FLOW in violation of NPDES Permit No. NC0088056. For 1 of the 1 failures to properly monitor TOTAL P - Conc in violation of NPDES Permit No. NC0088056. For 1 of the 1 failures to properly monitor TOTAL N - Conc in violation of NPDES Permit No. NC0088056. TOTAL CIVIL PENALTY Enforcement Costs TOTAL AMOUNT DUE (c), in determining the amount of the penalty I have taken into and Conclusions of Law and the factors set forth at G.S. 143B- of harm to the natural resources of the State, to the public health, or ilting from the violation; ty of the violation; or surface water quantity or quality or on air quality; the damage; y saved by noncompliance; i was committed willfully or intentionally; ie violator in complying or failing to comply with programs over ;ntal Management Commission has regulatory authority; and of the enforcement procedures. of this notice, you must do one of the following: 1. Submit payment df the penalty: Payment should be mad directly to the order of the Department of Environment and Natural Resources (do not include waiver form). Payment of the penalty will not foreclose further enforcement action for any continuing or new violation(s). Please submit payment to the attention of l Point Source Compliance/ Enforcement Unit Division of Water Resources 1617 Mail Service Center Ralei-ah, North Carolina 27699-1617 OR 2. Submit a written equest for remission or mitigation including a detailed justification for such request: Please be aware that a r quest for remission is limited to consideration of the five factors listed below as they may relat to the reasonableness of the amount of the civil penalty assessed. Requesting remission is�not the proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual statements contained in the civil penalty assessment document. Because a remission request forecloses the option of an administrative hearing, such a request must be accompanied by a waiver of your right to an administrative hearing and a stipulation and agreement that no factual or legal issues are in dispute. Please prepare a detailed statement that establishes why you believe the civil penalty should be remitted, and submit it to the Division of Water Resources at the address listed below. In determining whether a remission request will be approved, the following factors shall be considered: (1) whether one or more of the civil penalty assessment factors in NCGS 143B-282. 1 (b) was wrongfully applied to the detriment of the petitioner; (2) whether the violator promptly abated continuing environmental damage resulting from the violation; (3) whether the violation was inadvertent or a result of an accident; (4) whether the violator had been assessed civil penalties for any previous violations; or (5) whether payment of the civil penalty will prevent payment for the remaining necessary remedial actions. Please note that all evidence presented in support of your request for remission must be submitted in writing. The Director of the Division of Water Resources will review your evidence and inform you of his decision in the matter of your remission request. The response will provide details regarding the case status, directions for payment, and provision for further appeal of the penalty to. the Environmental Management Commission's Committee on Civil Penalty Remissions (Committee). Please be advised that the Committee cannot consider information that was not part of the original remission request considered by the Director. Therefore, it is very important that you prepare a complete and thorough statement in support of your request for remission. In order to request remission, you must complete and submit the enclosed "Request for Remission of Civil Penalties,. Waiver of Right to an Administrative Hearing, and Stipulation of Facts" form within thirty (30) days of receipt of this notice. The Division of Water Resources also requests that you complete and submit the enclosed "Justification for Remission Request." Both forms should be submitted to the following address: Point Source Compliance/ Enforcement Unit Division of Water Resources 1617 Mail Service Center Raleigh, North Carolina 27699-1617 3. File a petition for an administrative hearing with the Office of Administrative Hearings: If you wish to contest any statement in the attached assessment document you must file a petition for an administrative hearing. You may obtain the petition form from the Office of Administrative Hearings. You must file the petition with the Office of Administrative Hearings within thirty (30) days of receipt of this notice. A petition is considered filed when it is received in the Office of Administrative Hearings during normal office hours. The Office of Administrative Hearings accepts filings Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m., except for official state holidays. The original and one (1) copy of the petition must be filed with the Office of Administrative Hearings. The petition may be faxed - provided the original and one copy of the document is received in the Office of Administrative Hearings within five (5) business days following the faxed transmission. The mailing address for the Office of Administrative Hearings is: Office of Administrative Hearings 6714 Mail Service Center Raleigh, North Carolina 27699-6714 Telephone (919) 733-2698 Facsimile: (919) 733-3478 and Mail or hand -deliver a copy of the petition to General Counsel Department of Environment and Natural Resources 1601 Mail Service Center Raleigh, North Carolina 27699-1601 Please indicate the case number (as found on page one of this letter) on the petition. Failure to exercise one of the options above within thirty (30) days of receipt of this letter, as evidenced by an internal date/time received stamp (not a postmark), will result in this matter being referred to the Attorney General's Office for collection of the penalty through a civil action. Please be advised that additional penalties may be assessed for violations that occur after the review period of this assessment. If you have any questions, please contact Janet Cantwell of the Water Quality staff of the Asheville Regional Office at 828-296-4500. Sincerely, G. Landon Davidson, P.G. Regional Supervisor Water Quality Section Asheville Regional Office ATTACHMENTS ce: WN�Reg, ri l ervervisor /�attac 9 grits NPDES Point Source w/ attachments WQ Central Files w/ attachments RPB Systems / ORC w/ attachments G\WQ.SWP\I-teudeison\W'astecvater`,i•Iiuors+.Blacksmith Run 880561,U14-201 0026.doc JUSTIFICATION FOR REMISSION REQUEST DWQ Case Number: LM-2013-0026 County: Henderson Assessed Party: Vista Developers, LLC / Blacksmith Run Permit No.: NC0088056 Amount Assessed: $266.50 Please use this form when requesting remission of this civil penalty. You must also complete the "Request For Remission, Waiver of Right to an Administrative Hearing, and Stipulation of Facts " form to request remission of this civil penalty. You should attach any documents that you believe support your request and are necessary for the Director to consider in evaluating your request for remission. Please be aware that a request for remission is limited to consideration of the five factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual statements contained in the civil penalty assessment document. Pursuant to N.C.G.S. § 143B-282. 1 (c), remission of a civil penalty may be granted only when one or more of the following five factors applies. Please check each factor that you believe applies to your case and provide a detailed explanation, including copies of supporting documents, as to why the factor applies (attach additional pages as needed). (a) one or more of the civil penalty assessment factors in N.C.G.S. 143B-282.1(b) were wrongfully applied to the detriment of the petitioner (the assessment factors are listed in the civil penalty assessment document); (b) the violator promptly abated continuing environmental damage resulting from the violation (i.e., explain the steps that you took to correct the violation and prevent future occurrences); (c) the violation was inadvertent or a result of an accident (i. e., explain why the violation was unavoidable or something you could not prevent or prepare for); (d) the violator had not been assessed civil penalties for any previous violations; (e) payment of the civil penalty will prevent payment for the remaining necessary remedial actions (i.e., explain how payment of the civil penalty will prevent you from performing the activities necessary to achieve compliance). EXPLANATION: STATE OF NORTH CAROLINA COUNTY OF HENDERSON IN THE MATTER OF ASSESSMENT OF CIVIL PENALTIES AGAINST VISTA DEVELOPERS LLC / BLACKSMITH RUN WWTP PERMIT NO. NCO088056 DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES WAIVER OF RIGHT TO AN ADMINSTRATIVE HEARING AND STIPULATION OF FACTS FILE NO. LM-2013-0026 Having been assessed civil penalties totaling $266.50 for violation(s) as set forth in the assessment document of the Division of Water Resources dated September 30, 2013, the undersigned, desiring to seek remission of the civil penalty, does hereby waive the right to an administrative hearing in the above -stated matter and does stipulate that the facts are as alleged in the assessment document. The undersigned further understands that all evidence presented in support of remission of this civil penalty must be submitted to the Director of the Division of Water Resources within thirty (30) days of receipt of the notice of assessment. No new evidence in support of a remission request will be allowed after (30) days from the receipt of the notice of assessment. This the day of ADDRESS TELEPHONE SIGNATURE N1 ATTACHMENT A Vista Developers, LLC CASE NUMBER: LM-2013-0026 PERMIT: NCO088056 FACILITY: Blacksmith Run WWTP COUNTY: Henderson REGION: Asheville Limit Violations MONITORING OUTFALL/ VIOLATION UNIT OF CALCULATED % OVER PENALTY REPORT PPI LOCATION PARAMETER DATE FREQUENCY MEASURE LIMIT VALUE LIMIT VIOLATION TYPE $.00 6-2013 001 Effluent FLOW 06/30/13 Continuous mgd 0.089 7,251.6667 ,147,840.0 Monthly Average Exceeded Monitorina Violations PENALTY MONITORING REPORT OUTFALL/ PPI LOCATION PARAMETER VIOLATION DATE FREQUENCY UNIT OF CALCULATED % OVER MEASURE LIMIT VALUE LIMIT VIOLATION TYPE $.00 6-2013 001 Effluent FLOW O6/29/13 Continuous mgd Frequency Violation $.00 6-2013 001 Effluent FLOW 06/30/13 Continuous mgd Frequency Violation $75.00 6-2013 001 Effluent TOTAL N - Conc 06/30/13 Semi-annually mg/I Frequency Violation $44.00 6-2013 001 Effluent TOTAL P - Conc 06/30/13 Semi-annually mg/I Frequency Violation tems. Sys Construction Services • Contract Operations Maintenance September 17, 2013 Mr. Landon Davidson NCDENR-Water Quality Section 2090 U.S. Hwy 70 Swannanoa, NC 28778 Re: Notice of Violation and Recommendation for Enforcement NOV-2013-LM-0053 NPDES Permit NCO088056 Blacksmith Run Henderson County Dear Mr. Davidson, This letter is written on behalf of Vista Developers at Blacksmith Run to provide information as to remedial action taken to the above referenced facility. RPB Systems, Inc. is the contract operations f rm, which operates this facility. See enclosed our amended DMR for June 2013 to reflect corrected effluent flow readings. We have forwarded the original and copy to Raleigh. We did fail to monitor Total Nitrogen and Total Phosphorus semi-annually during the first six months of 2013 by error. We have collected the next six month period and . reported in July 2013. We are taking measures to ensure these semi-annual analysis are taken and reported correctly. I trust you will call if you have any questions or concerns. Robert Barr Cc: Ed Nunez REC`EI VED Rick Swillin File S E P 1 9 2013 DWQ/Surface Water Protection Section Asheville Reoinnat nfr, P.O. Box 1325 Asheville, N.C. 28802 (828)-251-1900 (828)-251-1945 E E SEP 19 P?3 DIVISION OF WATER RESOURCES - CIVIL PENALTY ASSESSMENT (FILE) Violator: Vista Developers, LLC / Blacksmith Run WWTP / NCO088056 (June 20131)MR) County: Henderson Case Number: LM-2013-0026 ASSESSMENT FACTORS As required by G.S.143-214.6A(c), in determining the amount of the penalty I considered the factors set out in G.S. 143B-282.1(b), which are: 1) The degree and extent of harm to the natural resources of the State, to the public health, or to private property resulting from the violation; All effluent violations may be detrimental to the receiving stream but may not be immediately quantified. 2) The duration and gravity of the violation; Two Continuous Flows were not monitored per the NPDES permit. All Flows were not reported in the unit specified by the NPDES permit. One Total N was not monitored semi-annually per the NPDES permit monitoring requirements. One Total P was not monitored semi-annually per the NPDES permit monitoring requirements. 3) The effect on ground or surface water quantity or quality or on air quality; All effluent violations may be detrimental to the receiving stream but may not be immediately quantified. 4) The cost of rectifying the damage; The cost is unknown. 5) The amount of money saved by noncompliance; The amount of money saved would include the cost of time for taking samples and the lab cost for analyzing the samples. The amount of money saved would also include the cost of the time for properly completing and filling out the DMR. 6) Whether the violation was committed willfully or intentionally; It does not appear to be either. 7) The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority; and There have been no civil penalty assessments in the twelve months prior to this violation. 8) The cost to the State of the enforcement procedures. $147.50. r,q- �o•2.J(3 Date G. Landon Davidson, P.G. Regional Supervisor Water Quality Section Asheville Regional Office 09/27/2013 EFFLUENT NPDES NO: NCO088056 DISCHARGE NO: FACILITY NAME: Blacksmith Run WWTP OPERATOR IN RESPONSIBLE CHARGE (ORC): Todd Moore CERTIFIED LABORATORIES (1): Pace Analytical CHECK BOX IF ORC HAS CHAN�GEDu r_, . PERSON(S) COLLECTING Fi--tt' MAIL ORIGINAL AND ONE COPY'TO:' ATTN: CENTRAL FILE AUG Division of Water Quality A U G 03 "90 I J DENR X 1617 Mail Service Center (SIGNATURE OF OPERATC�1 ;i/ � yy RE, I C' 131 Raleigh, INC 27699-1617 �:�. ,? ;..,.., ,_ BY THIS SIGNATU-- ACCURATE AND COMPLETE 001 MONTH: June YEAR: 2013 CLASS: II ;` COUNTY: Henderson GRADE'y-1 III.: `;; '_' Phone: 828-251-1900 f �• 4MPLES: Todd Moore 06/01/13 -4RESPgNSIBtiECH RC;E)!`` DATE, • APR YHAT TH)S FiE (�RTIS ti� Y �THIrBEST OF MY KNOWLEDGE., 50050 00010 00400 50060 00310 00610 00530 31616 00300 00600 00665 32730 00720 01042 01082 0 2 ABOVE NAME AND UNITS EFF X E BELOWINF EC O C co ? K d ° ZO C Ca VZC 4: - > CV o EE o o a ° ^a E Cn o0 atov cc CC a CLO 0 li HRS HRS Y/N MGD oC S.U. UGC}L MG/L MG/L MG/L N100ML MG/L MG/L MG/L MG/L UG/L MG/L MG/L 2 r 4 1230 0.42 Y 10480 24.2 7.1 UV 3.3 0.63 5.3 1 821' r 6 1445 0.33 Y 0 UV sY 34151.;` : UV 3 >µ 8 4605 UV 9 g4 U t 10 1345 0.25 Y 17478 UV 26140 -y 21.2: r'67. UV 12' 1015 0.42 Y 5820 UV 777 r 777 164% :0>�a. x....... . .... ... .-. �.., .. _ .. .. _ ._... .. ..7777 ......_. 14 740 1 0.25 Y 5656 UV 2454 7 77 UV �, - T_ . �. 16 UV ��' �164.5 ,A�J� rl41�d�. 4. ,e''�C.� k 'u • a i4 �UV wi.= .�wt' k �?& ,` r 's ..�, ,.�.. . � 18 1530 0.25 Y 0 UV law 72s. ,,Or...:,1! ,UV 2 0 ::3,0 20 905 0.33 Y 3447 UV 22 7184 UV . -'r r . _ 7 24 735 0.5 Y 0 UV 25, •;7335 =(4,2 ."Y .x,6124 ; '= 24.7, .' 7 5 -. UY ,_ 4 8 s 05 ::;2 5. ;1 O = 26 1515 0.25 Y 2331 UV 28 920 0.33 Y 1738 UV v 30 UV io _ t AVERAGE: 4661.786 23.1 3.0 1.0 7.2 1 y MINIMUM: 0.000 21.2 6.4 2.0 0.1 2.5 1 o[`.i3ra6 iG}; Ct)N �1N G :, C-15.7, C Gl fl =G777777(i aG9 C G; °'ComR i . Monthly Limit 0.089 a6 e9 30 / 45 25 / 35 30 / 45 2001400 rm MR-1 (Revised 12193) "I/-��13 -A-A - 04g) 6 L Facility Status: (Please check one of the following) All monitoring data and sampling frequencies meet permit requirements Co' mpliant All monitoring data and sampling frequencies do NOT meet permit requirements Noncompliant If the facility is noncompliant, please comment on corrective actions being taken in respect to equipment, operation, maintenance, etc., and a time table for improvements to be made. "I certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for knowing violations." Vista Developers Permi ee (Please print or type Signature of Permittee** I Date 525 North Main Street Hendersonville, NC 28792 828-698-2400 10/31/10 Permittee Address Phone Number Permit Exp. Date 00010 Temperature 00076 Turbidity 00080 Color (Pt -Co) 00082 Color (ADMI) 00095 Conductivity 00300 Dissolved Oxygen 00310 BOD5 00340 COD 00400 pH 00530 Total Susppended Residue 00545 Settleable Matter 00556 Oil & Grease 00600 Total Nitrogen 00610 Ammonia Nitrogen 00625 Total Kjeldhal Nitrogen 00630 Nitrates/Nitrites . 00665 Total Phosphorous 00720 Cyanide 00745 Total Sulfide 00927 Total Magnesium 00929 Total Sodium 00940 Total Chloride PARAMETER CODES 00951 Total Flouride 01002 Total Arsenic 01027 Cadium 01032 Hexavalent Chromiun 01034 Chromium 01037 Total Cobalt 01042 Copper 01045 Iron 01051 Lead 01067 Nickel 01077 Silver 01092 Zinc 01105 Aluminum 01147 Total Selenium 31616 Fecal Coliform 32730 Total Phenolics 34235 Benzene 34481 Toluene 38260 MBAS 39516 PCBs 50050 Flow 50060 Total Residual Chlorine 71880 Formaldehyde 71900 Mercury 81551 Xylene Parameter Code assistance may obtained by calling the Water Quality Compliance Group at (919) 733-5083, extension 581 or 534. The monthly average for fecal coliform is to be reported as a GEOMETRIC mean. Use only units designated in the reporting facility's permit for reporting data. *ORC must visit facility and document visitation of facility as required per 15A NCAC 8A.0202 (b) (5) (B). **If signed by other than the permittee, delegation of signatory authority must be on file with the state per 15A NCAC 213.0506 (b) (2) (D). MONITORING REPORT(MR) VIOLATIONS for: r&. I..e W ReportOate: 09rZ?I13 ( Page: 1 c`3 PERMIT: NC00S8056 FACILITY: Vista Developers, LLC -Blacksmith Run WWTP COUNTY: Henderson REGION: Asheville Limit Violation MONITORING OUTFALLI VIOLATION UNIT OF CALCULATED REPORT PPI LOCATION PARAMETER DATE FREQUENCY MEASURE LIMIT VALUE %OVER LIMIT VIOLATION TYPE VIOLATION ACTION 04 -2011 001 Effluent Chlorine, Total Residual 04/13111 Weekly ug8 28 30 7.14 Daily Maximum Exceeded No Action, BPJ 06 -2011 001 Effluent Chlorine, Total Residual 06/07/11 Weekly u98 28 38 35.71 Daily Maximum Exceeded No Action, BPJ 09 -2011 001 Effluent Chlorine, Total Residual 09/21/11 Weekly ug8 28 41 46.43 Daily Maximum Exceeded No Action, BPJ 10 -2011 001 Effluent Chlorine, Total Residual 10112111 Weekly ug/l 28 34 21.43 Daily Maximum Exceeded No Action, BPJ 01 E��a®stment .947,840.07,. MonthiyAvarageExceeded Prdceedto NOV0' plant` Monitoring Violation MONITORING OUTFALL/ • VIOLATION UNIT OF CALCULATED REPORT PPI LOCATION PARAMETER DATE FREQUENCY MEASURE LIMIT VALUE OVER UMIT VIOLATION TYPE VIOLATION ACTION 06 -2008 001 Effluent Flaw, in conduit or thru 05/01/08 Continuous mad Frequency Violation No Action, Invalid treatment plant Permit O6 -2008 001 Effluent Flow, in conduit or thru 06/07108 Continuous mgd Frequency Violation No Action, Invalid treatment plant Permit 06 -2008 001 Effluent Flow, in conduit or thru 06/06/08 Continuous mgd Frequency Violation No Action, Invalid treatment plant Pernil 06 -2008 001 Effluent Flow, in conduit or thru 06/14/08 Continuous mgd Frequency Violation No Action, Invalid treatment plant Permit 06 -2008 001 Effluent Flaw, in conduit or thru 06/15/08 Continuous mgd Frequency Violation No Action, Invalid treatment plant Permit 06 -2008 001 Effluent Flow, in conduit or thru 06/21108 Continuous mgd Frequency Violation No Action, Invalid treatment plant Perrot 06 -2008 001 Effluent Flow, in conduit or thru 06122108 Continuous mgd Frequency Violation No Action, Invalid treatment plant Permit 06 -2008 001 Effluent Flow, in conduit or thm 06/26/08 Continuous mgd Frequency Violaton No Action, Invalid treatment plant Permit MONITORING REPORT(MR) VIOLATIONS for. Repan Dale: 09127113 Peg.: 2 of 3 PERMIT: NC0088056 FACILITY: Vista Developers, LLC -Blacksmith Run WWTP COUNTY: Henderson REGION: Asheville Monitoring Violation MONITORING OUTFALL/ VIOLATION UNIT OF CALCULATED REPORT PPI LOCATION PARAMETER DATE FREQUENCY MEASURE LIMIT VALUE %OVER LIMIT VIOLATION TYPE VIOLATION ACTION 06 -2008 001 Effluent Flow, in conduit or 11 06/29/08 Continuous mgd Frequency Violation No Action, Invalid treatment plant Permit 06 -2008 001 Effluent Flow, in conduit or thru 06/30/08 Continuous mgd Frequency Violation No Action, Invalid treatment plant Permit 02-2011 001 Effluent trlow, in or thru 02/05/11 Continuous mgd Frequency Violation Proceed to NOV tplanuit t 02-2011 001 Effluent Flow, in conduitor thru 02/06/11 Continuous mgd Frequency Violation Proceed to NOV treatplant 02-2011 001 Effluent Flow. coor thm 02/12/11 Continuous mgd FrequencyViolation Proceed to NOV tt plant treatment 02 -2011 001 Effluent Flow, in conduit or thru 02/13/11 Continuous mgd Frequency Violation Proceed to NOV treatment plant 02-2011 001 Effluent Flow, in conduit or thm 02119/11 Continuous mgd Frequency Violation Proceed to NOV treatment plant 02 -2011 001 Effluent Flow, in conduit or thru 02/20/11 Continuous mgd Frequency Violation Proceed to NOV treatment plant 02 -2011 001 Effluent Flow, in conduit or thru 02/26/11 Continuous mgd Frequency Violation Proceed to NOV treatment plant 02-2011 001 Effluent Flaw, in conduit or thru 02127/11 Continuous mgd Frequency Violation Proceed to NOV treatment plant 03 -2012 001 Effluent Flow, in conduit or thru 03/31112 Continuous mgd Frequency Violation No Action, Facility treatment plant Reporting Error F,'06 2013 :;vR 001 ;'�Eftiuenl •51ow In condu0:nrthnl _ -0012gy3 !Oohtinuou mgd Frequency Violation Proceed to NOV treatment plaint'-"' QB 2p13,` OOtr •,;t _Effluent: ;FIowIln condultotlthna do dondul - :"06130113-.Connunus mgd Frequency Violation Proceed to NOV - - � Veot OB 201—. E_ffluenl 'Nltragon, till ' {. S N} • ;tlB130h13r'.Semi-annuell'�mghL Frequency Violation Proceed to NOV s .,£Qrioalltration MONITORING REPORT(MR) VIOLATIONS for. (� 1�0 ).). '. Report Date: 09/27113 Page: 3 of 3 PERMIT: NCOOSS056 FACILITY: Vista Developers, LLC -Blacksmith Run WWTP COUNTY: Henderson REGION: Asheville Monitoring Violation MONITORING OUTFALLI VIOLATION UNIT OF CALCULATED REPORT PPI LOCATION PARAMETER DATE FREQUENCY MEASURE LIMIT VALUE 960VERLIMIT VIOLATION TYPE VIOLATION ACTION All00 21T13' 0bf Eflt t ALK� P.> eruB�T+ttal iane'P)" 801 8 ..l- nAually ingil Frequency Violation Proceed to NOV �,,.,. ucn enlrotion _ 'A'7*2n CDENR North Carolina Department of Environment and Natural Resources Division of Water Resources Water Quality Programs Pat McCrory Thomas A. Reeder John E. Skvarla, III Governor Director Secretary September 30, 2013 CERTIFIED MAIL RETURN RECEIPT REQUESTED Mr. Ed Nunez, Registered Agent Vista Developers, LLC 525 North Main Street Hendersonville, North Carolina 28792 SUBJECT: Notice of Violation and Assessment of Civil Penalty for Violations of North Carolina General Statute (G.S.) 143-215.1(a)(6) and NPDES Permit NCOO88O56 Vista Developers, LLC Blacksmith Run WWTP Case No. LM-2013-0026 Henderson County Dear Mr. Nunez: This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $266.50 ($119.00 civil penalty + $147.50 enforcement costs) against Vista Developers, LLC. This assessment is based upon the following facts: a review has been conducted of the discharge monitoring report (DMR) submitted by Vista Developers, LLC for the month of June 2013. This review has shown the subject facility to be in violation of the discharge limitations and/or monitoring requirements found in NPDES Permit NCO088O56. The violations which occurred in June 2013 are summarized in Attachment A to this letter. Based upon the above facts, I conclude as a matter of law that Vista Developers, LLC violated the terms, conditions or requirements of NPDES Permit NCOO88O56 and G.S. 143-215.1(a)(6) in the manner and extent shown in Attachment A. In accordance with the maximums established by G.S. 143-215.6A(a)(2), a civil penalty may be assessed against any person who violates the terms, conditions or requirements of a permit required by G.S. 143-215.1(a). Based upon the above findings of fact and conclusions of law, and in accordance with authority provided by the Secretary of the Department of Environment and Natural Resources and the Director of the Division of Water Resources, I, G. Landon Davidson, Division of Water Resources Regional Supervisor for the Asheville Region, hereby make the following civil penalty assessment against Vista Developers, LLC: WATER QUALITY SECTION —ASHEVILLE REGIONAL OFFICE Location: 2090 U.S. Highway 70, Swannanoa, NC 28778 Phone: (828) 296-4500 FAX: (828) 299-7043 Internet: h2o.enr.state.nc.us An Equal Opportunity/Affirmative Action Employer DIVISION OF WATER RESOURCES - CIVIL PENALTY ASSESSMENT (FILE) Violator: Vista Developers, LLC / Blacksmith Run WWTP / NCO088056 (J ane 2013.1)MR) County: Henderson Case Number: LM-2013-0026 ASSESSMENT FACTORS As required by G.S. 143-214.6A(c), in determining the amount of the penalty I considered the factors set out in G.S. 143B-282.1(b), which are: 1) The degree and extent of harm to the natural resources of the State, to the public health, or to private property resulting from the violation; All effluent violations may be detrimental to the receiving stream but may not be immediately quantified. 2) The duration and gravity of the violation; Two Continuous Flows were not monitored per the NPDES permit. All Flows were not reported in the unit specified by the NPDES permit. One Total N was not monitored semi-annually per the NPDES permit monitoring requirements. One Total P was not monitored semi-annually per the NPDES permit monitoring requirements. 3) The effect on ground or surface water quantity or quality or on air quality; All effluent violations may be detrimental to the receiving stream but may not be immediately quantified. 4) The cost of rectifying the damage; The cost is unknown. 5) The amount of money saved by noncompliance; The amount of money saved would include the cost of time for taking samples and the lab cost for analyzing the samples. The amount of money saved would also include the cost of the time for properly completing and filling out the DMR. 6) Whether the violation was committed willfully or intentionally; It does not appear to be either. 7) The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority; and There have been no civil penalty assessments in the twelve months prior to this violation. 8) The cost to the State of the enforcement procedures. $147.50. Date G. Landon Davidson, P.G. Regional Supervisor Water Quality Section Asheville Regional Office 09/2712013 FFV 0 of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Permit No. $.00 NC0088056, by discharging waste water into the waters of the State in violation of the Permit Monthly Average limit for FLOW. $.00 For 0 of the 2 failures to properly monitor FLOW in violation of NPDES Permit No. NC0088056. $44.00 For 1 of the 1 failures to properly monitor TOTAL P - Conc in violation of NPDES Permit No. NC0088056. $75.00 For 1 of the 1 failures to properly monitor TOTAL N - Conc in violation of NPDES Permit No. NC0088056. $119.00 TOTAL CIVIL PENALTY $147.50 Enforcement Costs $266.50 TOTAL AMOUNT DUE Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty I have taken into account the Findings of Fact and Conclusions of Law and the factors set forth at G.S. 143B- 282.1(b), which are: (1) The degree and extent of harm to the natural resources of the State, to the public health, or to private property resulting from the violation; (2) The duration and gravity of the violation; (3) The effect on ground or surface water quantity or quality or on air quality; (4) The cost of rectifying the damage; (5) The amount of money saved by noncompliance; (6) Whether the violation was committed willfully or intentionally; (7) The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority; and (8) The cost to the State of the enforcement procedures. Within thirty days of receipt of this notice, you must do one of the following: Submit payment of the penalty: Payment should be made directly to the order of the Department of Environment and Natural Resources (do not include waiver form). Payment of the penalty will not foreclose further enforcement action for any continuing or new violation(s). Please submit payment to the attention of: Point Source Compliance/ Enforcement Unit Division of Water Resources 1617 Mail Service Center Raleigh, North Carolina 27699-1617 .� ' 2. Submit a written request for remission or mitigation including a detailed justification for such request: Please be aware that a request for remission is limited to consideration of the five factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual statements contained in the civil penalty assessment document. Because a remission request forecloses the option of an administrative hearing, such a request must be accompanied by a waiver of your right to an administrative hearing and a stipulation and agreement that no factual or legal issues are in dispute. Please prepare a detailed statement that establishes why you believe the civil penalty should be remitted, and submit it to the Division of Water Resources at the address listed below. In determining whether a remission request will be approved, the following factors shall be considered: (1) whether one or more of the civil penalty assessment factors in NCGS 14313-282.1(b) was wrongfully applied to the detriment of the petitioner; (2) whether the violator promptly abated continuing environmental damage resulting from the violation; (3) whether the violation was inadvertent or a result of an accident; (4) whether the violator had been assessed civil penalties for any previous violations; or (5) whether payment of the civil penalty will prevent payment for the remaining necessary remedial actions. Please note that all evidence presented in support of your request for remission must be submitted in writing. The Director of the Division of Water Resources will review your evidence and inform you of his decision in the matter of your remission request. The response will provide details regarding the case status, directions for payment, and provision for further appeal of the penalty to the Environmental Management Commission's Committee on Civil Penalty Remissions (Committee). Please be advised that the Committee cannot consider information that was not part of the original remission request considered by the Director. Therefore, it is very important that you prepare a complete and thorough statement in support of your request for remission. In order to request remission, you must complete and submit the enclosed "Request for Remission of Civil Penalties, Waiver of Right to an Administrative Hearing, and Stipulation of Facts" form within thirty (30) days of receipt of this notice. The Division of Water Resources also requests that you complete and submit the enclosed "Justification for Remission Request." Both forms should be submitted to the following address: Point Source Compliance/ Enforcement Unit Division of Water Resources 1617 Mail Service Center Raleigh, North Carolina 27699-1617 N' 3. File a petition for an administrative hearing with the Office of Administrative Hearings: If you wish to contest any statement in the attached assessment document you must file a petition for an administrative hearing. You may obtain the petition form from the Office of Administrative Hearings. You must file the petition with the Office of Administrative Hearings within thirty (30) days of receipt of this notice. A petition is considered filed when it is received in the Office of Administrative Hearings during normal office hours. The Office of Administrative Hearings accepts filings Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m., except for official state holidays. The original and one (1) copy of the petition must be filed with the Office of Administrative Hearings. The petition may be faxed - provided the original and one copy of the document is received in the Office of Administrative Hearings within five (5) business days Folthe faxed transmission. The mailing address for the Office of Administrative Hearings Fifs: Office of Administrative Hearings 6714 Mail Service Center Raleigh, North Carolina 27699-6714 Telephone (919) 733-2698 Facsimile: (919) 733-3478 and Mail or hand -deliver a copy of the petition to General Counsel Department of Environment and Natural Resources 1601 Mail Service Center Raleigh, North Carolina 27699-1601 Please indicate the case number (as found on page one of this letter) on the petition. Failure to exercise one of the options above within thirty (30) days of receipt of this letter, as evidenced by an internal date/time received stamp (not a postmark), will result in this matter being referred to the Attorney General's Office for collection of the penalty through a civil action. Please be advised that additional penalties may be assessed for violations that occur after the review period of this assessment. If you have any questions, please contact Janet Cantwell of the Water Quality staff of the Asheville Regional Office at 828-296-4500. Sincerely, G. Landon Davidson, P.G. Regional Supervisor Water Quality Section Asheville Regional Office ATTACHMENTS cc: WQ Regional Supervisor w/ attachments NPDES Point Source w/ attachments WQ Central Files w/ attachments RPB Systems / ORC w/ attachments G:\.W�)S��'P`,iienderson\Wastc�aater\?vlinors\Blacksmith Run 88056\U%4-2013-0026.doe JUSTIFICATION FOR REMISSION REQUEST DWQ Case Number: LM-2013-0026 County: Henderson Assessed Party: Vista Developers, LLC / Blacksmith Run Permit No.: NC0088056 Amount Assessed: $266.50 Please use this form when requesting remission of this civil penalty. You must also complete the "Request For Remission, Waiver of Right to an Administrative Hearing, and Stipulation of Facts " form to request remission of this civil penalty. You should attach any documents that you believe support your request and are necessary for the Director to consider in evaluating your request for remission. Please be aware that a request for remission is limited to consideration of the five factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual statements contained in the civil penalty assessment document. Pursuant to N.C.G.S. § 143B-282.1(c), remission of a civil penalty may be granted only when one or more of the following five factors applies. Please check each factor that you believe applies to your case and provide a detailed explanation, including copies of supporting documents, as to why the factor applies (attach additional pages as needed). (a) one or more of the civil penalty assessment factors in N.C.G.S. 143B-282.1(b) were wrongfully applied to the detriment of the petitioner (the assessment factors are listed in the civil penalty assessment document); (b) the violator promptly abated continuing environmental damage resulting from the violation (i.e., explain the steps that you took to correct the violation and prevent future occurrences); (c) the violation was inadvertent or a result of an accident (i.e., explain why the violation was unavoidable or something you could not prevent or prepare for); (d) the violator had not been assessed civil penalties for any previous violations; _ (e) payment of the civil penalty will prevent payment for the remaining necessary remedial actions (i. e., explain how payment of the civil penalty will prevent you from performing the activities necessary to achieve compliance). EXPLANATION: '441IN STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES COUNTY OF HENDERSON IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN OF CIVIL PENALTIES AGAINST ) ADMINSTRATIVE HEARING AND STIPULATION OF FACTS VISTA DEVELOPERS LLC / ) BLACKSMITH RUN WWTP PERMIT NO. NCO088056 ) FILE NO. LM-2013-0026 Having been assessed civil penalties totaling $266.50 for violation(s) as set forth in the assessment document of the Division of Water Resources dated September 30, 2013, the undersigned, desiring to seek remission of the civil penalty, does hereby waive the right to an administrative hearing in the above -stated matter and does stipulate that the facts are as alleged in the assessment document. The undersigned further understands that all evidence presented in support of remission of this civil penalty must be submitted to the Director of the Division of Water Resources within thirty (30) days of receipt of the notice of assessment. No new evidence in support of a remission request will be allowed after (30) days from the receipt of the notice of assessment. This the day of SIGNATURE ADDRESS TELEPHONE 20 ATTACHMENT A Vista Developers, LLC CASE NUMBER: LM-2013-0026 PERMIT: NCO088056 FACILITY: Blacksmith Run WWTP COUNTY: Henderson REGION: Asheville Limit Violations MONITORING OUTFALL/ VIOLATION UNIT OF CALCULATED %OVER PENALTY REPORT PPI LOCATION PARAMETER DATE FREQUENCY MEASURE LIMIT VALUE LIMIT VIOLATION TYPE $.00 6-2013 001 Effluent FLOW 06/30/13 Continuous mgd 0.089 7,251.6667 .147.840.0 Monthly Average Exceeded Monitorina Violations MONITORING OUTFALL/ VIOLATION UNIT OF CALCULATED % OVER PENALTY REPORT PPI LOCATION PARAMETER DATE FREQUENCY MEASURE LIMIT VALUE LIMIT VIOLATION TYPE $.00 6-2013 001 Effluent FLOW 06/29/13 Continuous mgd Frequency Violation $.00 6-2013 001 Effluent FLOW 06/30/13 Continuous mgd Frequency Violation $75.00 6-2013 001 Effluent TOTAL N - Conc 06/30/13 Semi-annually mg/I Frequency Violation $44.00 6-2013 001 Effluent TOTAL P - Conc 06/30/13 Semi-annually mg/I Frequency Violation MONITORING REPORT(MR) VIOLATIONS for: AN ReportDate: 09/27/13 Page: 1 of 3 PERMIT: NCO088056 FACILITY: Vista Developers, LLC- Blacksmith Run WWfP COUNTY: Henderson REGION: Asheville Limit Violation MONRORING OUTFALL/ VIOLATION UNIT OF CALCULATED REPORT PPI LOCATION PARAMETER DATE FREQUENCY MEASURE LIMIT VALUE %OVER LIMIT VIOLATION TYPE VIOLATION ACTION 04 -2011 001 Effluent Chlorine, Total Residual 04/13/11 Weekly ,ugfl 28 30 7.14 Daily Maximum Exceeded No Action, BPJ 06 -2011 001 Effluent Chlorine, Total Residual 06107/11 Weekly ug8 28 38 35.71 Daily Maximum Exceeded No Action, BPJ 09-2011 001 Effluent Chlorine, Total Residual 09/21/11 Weekly ug8 28 41 46.43 Daly Maximum Exceeded No Action, BPJ 10-2011 001 Effluent Chlorine, Total Residual 10/12111 Weekly ug8 28 34 21.43 Daily Maximum Exceeded No Action, BPJ 6 —20'13 0,_ E8! ow'InrcVnd0iFe77ff ^06130113--Crycntinuoua r- mg �, 7,251:6667 8147,840.07 Monthly Averege, ,xceeded tr*Prdcee fo;NOV. Monitoring Violation MONITORING OUTFALL/. VIOLATION UNIT OF CALCULATED REPORT PPI LOCATION PARAMETER DATE FREQUENCY MEASURE LIMIT VALUE %OVER UMIT VIOLATION TYPE VIOLATION ACTION 06-2008 001 Effluent Flow, in conduit or thru 06101/OB Continuous mgd Frequency Violation No Action, Invalid treatment plant Permit 06-2008 001 Effluent Flow, in conduit or thru 06/07108 Continuous mgd Frequency Violation No Action, Invalid treatment plant Permit 06-2008 001 Effluent I. or thm 06/08/08 Continuous mgd Frequency Violation Pooh on, Invalid treatment ndul 06-2008 001 Effluent Flow, in conduit or thm 08/14108 Continuous mgd Frequency Violation No Action, Invalid treatment plan Permit 06-2008 001 Effluent Flow, in conduit or thm 06115108 Continuous mgd FrequencyViolation No Action, Invalid treatment plant Permit 06-2008 001 Effluent Flow, in conduit or thru 06121108 Continuous mgd Frequency Violation No Action, Invalid treatment plant Permit 06 -2008 001 Effluent Flow, in conduit or thru 05/22108 Continuous mgd Frequency Violation No Action, Invalid treatment plant Permit 06 -2008 001 Effluent Flow, in conduit or thru 06/28108 Continuous mgd Frequency Violation No Action, Invalid treatment plant Permit MONITORING REPORT(MR) VIOLATIONS for. Report Date: 09)27113 Peg.: 2 of 3 PERMIT: NCO088056 FACILITY: Vista Developers, LLC -Blacksmith Run WWTP COUNTY: Henderson REGION: Asheville Monitoring Violation MONITORING OUTFALL/ VIOLATION UNIT OF CALCULATED REPORT PPI LOCATION PARAMETER DATE FREQUENCY MEASURE LIMIT VALUE %OVER LIMIT VIOLATION TYPE VIOLATION ACTION 06 -2008 001 Effluent Flow, in conduit or thin 06/29/08 Continuous mgd Frequency Violation No Action, Invalid treatment plant Permit 06 -2008 001 Effluent Flow, in Conduit or thru 06130/08 Continuous mgd Frequency Violation No Action, Invalid treatment plant Permit 02-2011 001 Effluent Flow.conduitor thru 02105111 Continuous mgd - FrequencyViolation Proceed to NOV treatment 02 -2011 0a1 Effluent Flow, in conduit or thm 02J06111 Continuous mgd Frequency Violation Proceed to NOV treatment plant 02 -2011 001 Effluent Flow, in conduit or thru 02 I2111 Continuous mgd Frequency Violation Proceed to NOV treatment plant 02 -2011 001 Effluent Flow, in conduit or thru 02/13111 Continuous mgd Frequency Violation Proceed to NOV treatment plant 02-2011 001 Effluent Flaw, in conduit or thru 02119/11 Continuous mgd Frequency Violation Proceed to NOV treatment plant 02-2011 001 Effluent Flaw, in conduit or thm 02/20/11 Continuous mgd Frequency Violation Proceed to NOV treatment plant 02-2011 001 Effluent Flow, in conduit or thru 02/26111 Continuous mgd Frequency Violation Proceed to NOV treatment plant 02-2011 001 Effluent Flow, in conduit or thm 02/27111 Continuous mgd Frequency Violation Proceed to NOV treatment plant 03 -2012 001 Effluent Row, -in conduit or thm 03131112 Continuous mgd - FrequencyViolation No Action, Facility treatment plant Reporting Error O6+�A1 •1 jju I ;Flowlnj -6dutt or thm 7 08129/13 •Cdntinuous ;.mgd Frequency Violation Proceed to NOV 'timtrrierif lint tiro - 0 -2013 01 :Effluent . f n. Flaw In cohlult or m i +*g6130i13 §Cdntinuoue mdd' - Frequency Violation Proceed to NOV tre2trtfentpaf�— + x:f 06 2013 0 1 Efflue t Nlre.e� C noe tra1tion(ea N) - 06l30/13 Seml annua Iy r_ =mg,. Frequency Violation Proceed to NOV MONITORING REPORT(MR) VIOLATIONS far: Repnn Date: OW71/3 Pege: 303 PERMIT: NCO088056 FACILITY: Vista Developers, LLC - Blacksmith Run W VVTP COUNTY: Henderson REGION: Asheville Monitoring Violation MONITORING OUTFALL/ VIOLATION UNIT OF CALCULATED REPORT PPI LOCATION PA ETER - _ DATE FREQUENCY MEASURE LIMIT VALUE %OVER LIMIT VIOLATION TIDE VIOLATION ACTION 06 -,201 001 Effluent P.hosPhprus, anceTolaliPJ�`nB,30113Semi annu`ally'1mch _ .FrequenryYolation Proceed to NOV Crdrdtlon �, "NN EFFLUENT NPDES NO: NCO088056 DISCHARGE NO: FACILITY NAME: Blacksmith Faun WWTP OPERATOR IN RESPONSIBLE CHARGE (ORC): Todd Moore CERTIFIED LABORATORIES (1): r-Pace Analytical CHECK BOX IF ORC HAS CHANGED;.:=-:, ,.;, .,... _ _ _ I-_ I PERSON(S) COLLEC�flI TTN: CENTRAL FILE livision of Water Quality ,ENR 617 Mail Service Center aleigh, NC 27699-1617 AUG 0 2' 2M � F-N X (SIGNATURE OF OPERATCyI BY THIS SIGNATURE, I R1 ACCURATE AND COMPLETE 001 MONTH: June YEAR: 2013 CLASS: II COUNT v: Henderson GRADE: `III.: Phone: 828-251-1900 Todd Moore i7' --z r'06101/13 3tt-CH RQE)'J""= DATE, 'IRE613T-i `y OF MY KNOWLEDGE. r f) 50050 00010 00400 50060 00310 00610 00530 31616 00300 00600 00665 32730 00720 01042 01082 FLOW0 ABOVE NAME AND UNITS EFF X d C C y E o N BELOW INF V p V tM > C d O w C E O k p CL =;O CM Z m o d tl ° E ° a CLa VGo7 Vui N c .. cc cc °' p li O HRS HRS YIN MGD °C S.U. UGLL MG/L MG/L MG/L N100ML MG/L MG/L MG/L MG/L UGIL MG/L MG/L € Ss '" -}l .x.. .UY. 3. o�'i�. .. �•be., „+,3Xr�.k.:,r2 2 ov UVII_(Ll 4 1230 0.42 Y 10480 24.2 7.1 UV 3.3 0.63 5.3 1 ea 6 1445 0.33 Y 0 UV 41b 8 4605 UV 10 1345 0.25 Y 17478 UV -W. 4'01 I57 a5� :. 12' 1015 0.42 Y 5820 UV x a 14 740 0.25 Y 5656 U<V , iji%�_ 777 77775.77 77 16 f6 UV t7, , : ��.. } W ? i x Y` > , '� ?f 1. x N" ,. f Y ESL 4a as '�^� ai, ELL 8:. v s rf..�- �F,�.'; 18 1530 0.25 Y 0 UV 6 4 UV '2 0 '1. 757. 221 . 0 : .'3 , 5 51 _ , .,'.; 20 1 905 1 0.33 Y 3447 UV w.... ...., . ELL 22 7184 UV 28 24 735 0.5 Y 0 UV 24.7; ;:7 5 .,Uv 7737 <:::.01__ 5 26 1515 0.25 Y 2331 UV 7'y 430, Elf 4LF ..�.I" °f r1 a",` Uxr:''.,: h xi;� .:.: „" .: `�U.Y. ,, x a: t .✓ ;sue `'fix..,.,^N- q, - k 28 920 0.33 Y 1738 UV c 30 UV 4 , AVERAGE: 4661.786 23.1 3.0 1.0 7.2 1 755,wu 3,< 1. _' r...?ICIMUN}Y ,�2�6i4�k7, ::930157 t MINIMUM: 0.000 21.2 6.4 2.0 0.1 2.5 1 (cior+rah° _ 4 Monthly Limit 0.089 >6 <9 30 / 45 1 25 135 30 / 45 200/400 MR-1 (Revised 12/93) Facility Status: (Please check one of the following) All monitoring data and sampling frequencies meet permit requirements Co' mpliant All monitoring data and sampling frequencies do NOT meet permit requirements Noncompliant If the facility is noncompliant, please comment on corrective actions being taken in respect to equipment, operation, maintenance, etc., and a time table for improvements to be made. "I certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for knowing violations." Vista Developers Per ee (Please print or type )12 Signature of Permittee** Date 525 North Main Street Hendersonville, NC 28792 828-698-2400 10/31/10 Permittee Address Phone Number Permit Exp. Date PARAMETER CODES 00010 Temperature 00556 Oil & Grease 00951 Total Flounde 01067 Nickel 50060 Total 00076 Turbidity 00600 Total Nitrogen 01002 Total Arsenic 01077 Silver Residual 00080 Color (Pt -Co) 00610 Ammonia Nitrogen 01092 Zinc Chlorine 00082 Color (ADMI) 00625 Total Kjeidhal 01027 Cadium 01105 Aluminum Nitrogen 00095 Conductivity 00630 Nitrates/Nitrites 01032 Hexavalent Chromiun 01147 Total Selenium 71880 Formaldehyde 00300 Dissolved Oxygen 01034 Chromium 31616 Fecal Coliform 71900 Mercury 00310 BOD5 00665 Total Phosphorous 32730 Total Phenolics 81551 Xylene 00340 COD 00720 Cyanide 01037 Total Cobalt 34235 Benzene 00400 pH 00745 Total Sulfide 01042 Copper 34481 Toluene 00530 Total Susppended 00927 Total Magnesium 38260 MBAS Residue 00929 Total Sodium 01045 Iron 39516 PCBs 00545 Settleable Matter 00940 Total Chloride 01051 Lead 50050 Flow Parameter Code assistance may obtained by calling the Water Quality Compliance Group at (919) 733-5083, extension 581 or 534. The monthly average for fecal coliform is to be reported as a GEOMETRIC mean. Use only units designated in the reporting facility's permit for reporting data. *ORC must visit facility and document visitation of facility as required per 15A NCAC 8A.0202 (b) (5) (B). * **If signed by other than the permittee, delegation of signatory authority must be on file with the state per 15A. NCAC 213.0506 (b) (2) (D). RPB Systems Construction Services • Contract Operations • Maintenance September 17, 2013 Mr. Landon Davidson NCDENR-Water Quality Section 2090 U.S. Hwy 70 Swannanoa, NC 28778 Re: Notice of Violation and Recommendation for Enforcement NOV-2013-LM-0053 NPDES Permit NCO088056 Blacksmith Run Henderson County Dear Mr. Davidson, This letter is written on behalf of Vista Developers at Blacksmith Run to provide information as to remedial action taken to the above referenced facility. RPB Systems, Inc. is the contract operations f rm, which operates this facility. See enclosed our amended DMR for June 2013 to reflect corrected effluent flow readings. We have forwarded the original and copy to Raleigh. We did fail to monitor Total Nitrogen and Total Phosphorus semi-annually during the first six months of 2013 by error. We have collected the next six month period and . reported in July 2013. We are taking measures to ensure these semi-annual analysis are taken and reported correctly. I trust you will call if you have any questions or concerns. Robert Barr Cc: Ed Nunez RECEIVED Rick Swillin File S E P 1 9 2013 DWQ/Surface Water protection Section Asheville Reoiona1 nfr .o . P.O. Box 1325 Asheville, N.C. 28802 (828)-251-1900 (828)-251-1945 SEE 19 P9 IRPB Systems Construction Services • Contract Operations • Maintenance September 17, 2013 Mr. Landon Davidson NCDENR-Water Quality Section 2090 U.S. Hwy 70 Swannanoa, NC 28778 Re: Notice of Violation and Recommendation for Enforcement NOV-2013-LM-0053 NPDES Permit NCO088056 Blacksmith Run Henderson County Dear Mr. Davidson, This letter is written on behalf of Vista Developers at Blacksmith Run to provide information as to remedial action taken to the above referenced facility. RPB Systems, Inc. is the contract operations firm, which operates this facility. See enclosed our amended DMR for June 2013 to reflect corrected effluent flow readings. We have forwarded the original and copy to Raleigh. We did fail to monitor Total Nitrogen and Total Phosphorus semi-annually during the first six months of 2013 by error. We have collected the next six month period and reported in July 2013. We are taking measures to ensure these semi-annual analysis are taken and reported correctly. I trust you will call if you have any questions or concerns. Robert Barr Cc: Ed Nunez RECEIVED Rick Swillin File S E P 1 g 2013 DWQ/Surface Water Protection Section Asheville Regional Office P.O. Box 1325 Asheville, N.C. 28802 (828)-251-1900 (828)-251-1945 SEp 19�' NCDENR North Carolina Peparimeni of Envirmiment and Natural Resources Divi;+inn of 11'ati;r It�s�ruCc r> W:Im- 0110 ilv I'ru,a;,nls i'tlr?�icC:'rc►ry `Ili urws A. Rc(:der John F Skvarla. III (.governor NI-ecior tiecrcim-N, September 13, 2013 ►.,"�.;,.�'kxs I)�t�'�.���tl f .�i�.' CERTIFIED MAIL RETURN RECEIPT REQUESTED 7012 1010 0002 1967 6582 i'Ar. Ed Nunez, Registered Agent Vista Developers, l X Blacksmith Run WWTP 525 Not -Ili Main Sheet le:nd.el'SOnville, North Carolina 28792 SUbje.ct: Notice of Violation and Recommendation for l:nforeen►ent. Tracking 9: NQV-20,13-1.M-0053 Blacksn ith.R.u►l WWTP MIDL+'S Permit No. NC:0088056 Henderson. County Dear Mr. Nunez: A review ol'the .tune 2013,self monitoring report 601' the subject facility revealed violations of' the Following parameters: j Date Outl'all Parameter Repol-ted Value Permit Limit --^_ 06/3ti/201.3 001 Continuous blow 251.E MUD 0.(189 iv1GD ISA AT_',IC B.()506 I5A NCAC 2B.0506 (b)(.3)(G) -- - - _-- - -- - (b) (3) (G) (I O Date Outfall Parameter Monitoring l-requcncy Violation -- 06/29/2.01 3 001---- - Cortinuous Flow C'olltiiri.laU-: Failure to Monitor- 06/30/2013 001 Continuous Flaw — C'ontintlous l.-ailure to Monitor 06/30/201 3 001 001 -- Total Nitrogen 1 otal Pioti hor•LIS _ Scilll Annually FclilUlt. tO M011it0l j c)6/> /20.13 13 �cnli Annually _ r-ailLrre- to Monitor A Notice; of Violation/ Notice of Recommendation li)r Btt('orceirlent (NOV/ NRE) is being issued for the. noted violation of'North Carolina General. Statute (G.S.) 1 G13-215.1 turd N,PDES Permit No. NC0088056. Pursuant to G.S. 143-215.6A, a civil penalty of not more than twenty -Five thousand dollars ($25.000.00) may be assessed agail7st.ally person who violates or ftlils Iwac:t in accordance with the terms, conditions, or redu.irements of any permit issued pursuant to G.S. 143-215.1. 117yoU wiSh to provide additional information regarding tic noted violation, request technical assistance, or discuss overcall conipliance please respond in WATER QUALITY SECTION Nodh C nolina of - Dhow (828) 296.4500 FAX (828j 299-1043 InrcrniaL. iwms 20'. U a HkjImny 713. Swannimna, N i,. 2B179 .n Equal oppoillinilyi filtinn;irive E' don Emplejyer Mr. E'd NLII1CZ September 13, 2013 Page Two writing within ten. (I 0) days after receipt of this Notice. A review of your response will be donsidored along witli any information provided on the June 2013 Discharge Monitoring Report. You will then be aotilied ol�any civil penalties that may be assessed rrgarding.the violations. If no response is received in this Office -within the 10-day period, a civil penalty assessment may be prepared. Remedial actions, if not already implemented, should be taker- to correct any probleths. The. Division. of Water Resources may pursue cnfor.e ment. actions, for this and any additional violations. If'the, violations are, of - a. cotztinuing nature, not related to operation and/or maintenance problems, and. you anticipate remedial Coll struction aetivitiGS, then yott..ntay wish, to consider applying for a Special Order by Consent. Yo:u n ay contact this office for additional. in.l'orniation. If ,you have questions concerning this matter, please do not hesitate to Contact Janet Can twell,or me at 828/296-4500. Sincerely, G..Land oil I,<i'vIson, P,G. R.egiohal.Suliervisor Water Quality Spetion. Ashevi le Regional Office cc: WQ Asheville files WQ-Central Files WQ .Point Source Branch i 1i�,i'a\t P"I Irfuicr-.uU'tVome;rttQf'.MiItor" IA' .sn'III r It,m) sy(Isi)� 4(!%-fdN1:-?(ij_ 4 fl EFFLUENT NPDES NO: , NCO088056 DISCHARGE NO: 001 FACILITY NAME: Blacksmith Run WWTP CLASS: OPERATOR IN RESPONSIBLE CHARGE (ORC): Todd Moore GRADE: CERTIFIED LABORATORIES (1): Pace Analytical (2) CHECK BOX IF ORC HAS CHANGED: PERSON(S) COLLECTING SAMPLES: MAIL ORIGINAL AND ONE COPY TO: MONTH: June YEAR: 2013 II COUNTY: Henderson III Phone: 828-251-1900 Todd Moore ATTN: CENTRAL FILE Division of Water Quality DENR X 06/01/13 1617 Mail Service Center (SIGNATURE OF OPERATOR IN RESPONSIBLE CHARGE) DATE Raleigh, NC 27699-1617 BY THIS SIGNATURE, I CERTIFY THAT THIS REPORT IS ACCURATE AND COMPLETE TO THE BEST OF MY KNOWLEDGE. 50050 00010 00400 50060 00310 00610 00530 31616 00300 00600 OC665 32730 1 00720 01042 01082 U a' F-F- a � C O ° rn �E z o E 0 h° u E o j li `� •awo m > y z o° tCL (L ABOVE NAME AND UNITS BELOW F X INF IN , 3 a v O c ° c OCL i c z> vp Of O a) d amo ° CL Ut_Jo Uw zE- HRS HRS Y/N iGP °C S.U. UGL MG/L MG/L MG/L #100ML MG/L MG/L MG/L MG/L UG/L MG/L MG/L 1 0ra040 UV 2 0:0000 UV a 1410 0:5 Y -. 00000. UV 4 1230 0.42 Y W04 24.2 7.1 UV 3.3 0.63 5.3 1 s 1310 0.5,, Y r UV 6 1445 0.33 Y 0A0,00 UV 7. 1300 0.33 'Y 0.0034 UV 6 0 0046 UV UV s 0"0004 ; 10 1345 0.25 Y 00175 UV 11 ,1325 0;42 Y`a- 070261 1 21.2 " 67 UV' 2.4. < 0,1 15.7 3 12 1015 0.42 Y 01:0058 UV 13 1630 0.25. Y 01,0093 UV 14 740 0.25 Y 0i005,6 UV 15 0.0425 UV 16 0.0075 Uv UV." 17 . ', 1645' 0.3' Y .. O.0000 18 1530 0.25 Y 0.0000 UV 19 725 0.58 Y 0.0075 22-1 6.4 UV, < 2.0 3.0 5.1 1 - 20 905 0.33 Y 0.UP'4 UV 21 1515 0.42 Y 0.000:0' UV. 22 0.0072 UV UV za 735 0.5 YNO UV UV 25 1335 0.42 Y -' 24.7 T.5 4.3 <. 0.1 < 2.5 1.0 26 1515 0.25 Y UV 27 1430 0.42 Y - UV 28 920 0.33 Y UV zs UV 30 UV 31 , AVERAGE: 0.005 2311 3.0 1.0 7.2 1 MAXIMUM: 0.026 24.7 7.5 4.3 3.0 15.7 3 MINIMUM: 0.000 21.2 6.4 2.0 0.1 2.5 1 Comp. (C) or Grab (G) CONTIN. . G G G C C G G G C C G G C C Monthly Limit 0.089 >6 <9 30 / 45 25135 30 / 45 2001400 DEM Form MR-1 (Revised 12193) Facility Status: (Please check one of the following) All monitoring data and sampling frequencies meet permit requirements Compliant All monitoring data and sampling frequencies do NOT meet permit requirements Noncompliant If the facility is noncompliant, please comment on corrective actions being taken in respect to equipment, operation, maintenance, etc., and n times tnhla fnr imnrnvamantc to hp marle "I certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for knowing violations." 525 North Main Street Hendersonville, NC 28792 Permittee Address 00010 Temperature 00076 Turbidity 00080 Color (Pt -Co) 00082 Color (ADM[) 00095 Conductivity 00300 Dissolved Oxygen 00310 BOD5 00340 COD 00400 pH 00530 Total Susppendec Residue 00545 Settleable Matter 00556 Oil & Grease 00600 Total Nitrogen 00610 Ammonia Nitrogen 00625 Total Kjeldhal Nitrogen 00630 Nitrates/Nitrites 00665 Total Phosphorous 00720 Cyanide 00745 Total Sulfide 00927 Total Magnesium 00929 Total Sodium 00940 Total Chloride Vista Developers P rm' ee (Please print or type) �/o (,/f� Signature of Permittee** Date 828-698-2400 Phone Number PARAMETER CODES 00951 Total Flouride 01002 Total Arsenic 01027 Cadium 01032 Hexavalent Chromiur 01034 Chromium 01037 Total Cobalt 01042 Copper 01045 Iron 01051 Lead 01067 Nickel 01077 Silver 01092 Zinc 01105 Aluminum 01147 Total Selenium 31616 Fecal Coliform 32730 Total Phenolics 34235 Benzene 34481 Toluene 38260 MBAS 39516 PCBs 50050 Flow 10/31/10 Permit Exp. Date 50060 Total Residual Chlorine 71880 Formaldehyde 71900 Mercury 81551 Xylene Parameter Code assistance may obtained by calling the Water Quality Compliance Group at (919) 733-5083, extension 581 or 534. The monthly average for fecal coliform is to be reported as a GEOMETRIC mean. Use only units designated in the reporting facility's permit for reporting data. *ORC must visit facility and document visitation of facility as required per 15A NCAC 8A.0202 (b) (5) (B). **If signed by other than the permittee, delegation of signatory authority must be on file with the state per 15A NCAC 26.0506 (b) (2) (D). . 0 . F Ulm L 470_�UA NCDENR North Carolina Department of Environment and Natural Resources Division of Water Resources Water Quality Programs Pat McCrory Thomas A. Reeder John E Slrvarla, III Governor Director Secretary CERTIFIED MAIL RETURN RECEIPT REQUESTED Mr. Ed Nunez, Registered Agent Vista Developers, LLC Blacksmith Run WWTP 525 North Main Street Hendersonville, North Carolina 28792 Dear Mr. Nunez: September 13, 2013 7012 1010 0002 1967 6582 Subject: Notice of Violation and Recommendation for Enforcement Tracking #: NOV-2013-LM-0053 Blacksmith Run WWTP NPDES Permit No. NCO088056 Henderson County In A review of the June 2013 self -monitoring report for the subject facility revealed violations of the following parameters: Date Outfall Parameter Reported Value Permit Limit 06/30/2013 001 Continuous Flow 7,251.6 MGD 0.089 MGD 15A NCAC 2B. 0506 15A NCAC 2B. 0506 (b) (3) (G) (b) (3) (G) (H) Date Outfall Parameter Monitoring Frequency Violation 06/29/2013 001 Continuous Flow Continuous Failure to Monitor 06/30/2013 001 Continuous Flow Continuous Failure to Monitor 06/30/2013 001 Total Nitrogen Semi -Annually Failure to Monitor 06/30/2013 001 Total Phosphorus Semi -Annually Failure to Monitor A Notice of Violation/ Notice of Recommendation for Enforcement (NOV/ NRE) is being issued for the noted violation of North Carolina General Statute (G.S.) 143-215.1 and NPDES Permit No. NC0088056. Pursuant to G.S. 143-215.6A, a civil penalty of not more than twenty-five thousand dollars ($25,000.00) may be assessed against any person who violates or fails to act in accordance with the terms, conditions, or requirements of any permit issued pursuant to G.S. 143-215.1. If you wish to provide additional information regarding the noted violation, request technical assistance, or discuss overall compliance please respond in WATER QUALITY SECTION North Carolina Division of Water Resources — Asheville Regional Office 090 U.S. Highway 70, Swannanoa, N.C. 28778 Phone (828) 296-4500 FAX (828) 299-7043 Internet: h2o.enr.state.nc.us An Equal Opportunity/ Affirmative Action Employer Mr. -Ed Nunez September 13, 2013 Page Two writing within ten (10) days after receipt of this Notice. A review of your response will be considered along with any information provided on the June 2013 Discharge Monitoring Report. You will then be notified of any civil penalties that may be assessed regarding the violations. If no response is received in this Office within the 10-day period, a civil penalty assessment may be prepared. Remedial actions, if not already implemented, should be taken to correct any problems. The Division of Water Resources may pursue enforcement actions for this and any additional violations. If the violations are of a continuing nature, not related to operation and/or maintenance problems, and you anticipate remedial construction activities, then you may wish to consider applying for a Special Order. by Consent. You may contact this office for additional information. If you have questions concerning this matter, please do not hesitate to contact Janet Cantwell or me at 828/296-4500. Sincerely, �f ...... _eo V' G. Landon Davi son, P.G. Regional Supervisor Water Quality Section Asheville Regional Office qlm�lwl WQ Central Files WQ Point Source Branch G:\kk,�QisbVP;.I-1.endersoW.,Wastewater.XMinors,Blacksmith Run 83056\N0V-NRC-2013-LM-005 3.doc �� NCDENR North Carolina Department of Environment and Natural Resources Division of Water Resources Water Quality Programs Pat McCrory Thomas A. Reeder Governor Director September 13, 2013 CERTIFIED MAIL RETURN RECEIPT REQUESTED Mr. Ed Nunez, Registered Agent Vista Developers, LLC Blacksmith Run WWTP 525 North Main Street Hendersonville, North Carolina 28792 Subject: Notice of Violation and Recommendation for Enforcement Tracking #: NOV-2013-LM-0053 Blacksmith Run WWTP NPDES Permit No. NCO088056 Henderson County Dear Mr. Nunez: John E Skvarla, III Secretary A review of the June 2013 self -monitoring report for the subject facility revealed violations of the following parameters: Date Outfall Parameter Reported Value Permit Limit 06/30/2013 001 Continuous Flow 7,251.6 MGD 0.089 MGD 15A NCAC 2B. 0506 15A NCAC 2B. 0506 (b) (3) (G) (b) (3) (G) (H) Date Outfall Parameter Monitoring Frequency Violation 06/29/2013 001 Continuous Flow Continuous Failure to Monitor 06/30/2013 001 Continuous Flow Continuous Failure to Monitor 06/30/2013 001 Total Nitrogen Semi -Annually Failure to Monitor 06/30/2013 001 Total Phosphorus Semi -Annually Failure to Monitor A Notice of Violation/ Notice of Recommendation for Enforcement (NOV/ NRE) is being issued for the noted violation of North Carolina General Statute (G.S.) 143-215.1 and NPDES Permit No. NC0088056. Pursuant to G.S. 143-215.6A, a civil penalty of not more than twenty-five thousand dollars ($25,000.00) may be assessed against any person who violates or fails to act in accordance with the terms, conditions, or requirements of any permit issued pursuant to G.S. 143-215.1. If you wish to provide additional information regarding the noted violation, request technical assistance, or discuss overall compliance please respond in WATER QUALITY SECTION North Carolina Division of Water Resources — Asheville Regional Office Phone (828) 2964500 FAX (828) 299-7043 Internet: h2o.enr.state.nc.us 2090 U.S. Highway 70, Swannanoa, N.C. 28778 An Equal Opportunity/ Affirmative Action Employer Mr. Ed Nunez September 13, 2013 Page Two writing within ten (10) days after receipt of this Notice. A review of your response will be considered along with any information provided on the June 2013 Discharge Monitoring Report. You will then be notified of any civil penalties that may be assessed regarding the violations. If no response is received in this Office within the 10-day period, a civil penalty assessment may be prepared. Remedial actions, if not already implemented, should be taken to correct any problems. The Division of Water Resources may pursue enforcement actions for this and any additional violations. If the violations are of a continuing nature, not related to operation and/or maintenance problems, and you anticipate remedial construction activities, then you may wish to consider applying for a Special Order by Consent. You may contact this office for additional information. If you have questions concerning this matter, please do not hesitate to contact Janet Cantwell or me at 828/296-4500. Sincerely, G. Landon Davidson, P.G. Regional Supervisor Water Quality Section Asheville Regional Office cc: WQ Asheville Files WQ Central Files WQ Point Source Branch G:`tit Q\SWP',J-Iendersort,WV istewnter\,ti4inorsl131acksmith Run 88056'\NOV-NRC-'01.3-LNI-0053.doe Ms,3) In addition to the information required on all reports [see Subparagraph (a)(4) of this Rule] the following information shall be submitted in monthly monitoring reports: (A) name of person or group collecting sample or making observation; (13) name of person or group that analyzed sample; (C) name of operator in responsible charge of the facility and the grade certificate held; (D) sampling point for each sample; (E) date and time (on 2400 hour clock basis) at which each grab sample was collected; (F) composite samples: (i) date on which collection of composite samples is commenced, (ii) time of starting and ending of coin osite sample period on 2400 hour clock basis; t was :ewater flaw din nu1!lion .atg lons per day iNI"GD REsults fanalyses r ported to the designated number of figures with aproperly placeddecinal point as indicated on each report sheet) together with the proper storet number to be furnished by the Division for the analytical procedure used and the ep rtin unt s s all weitosespecmeet by the NPDES pemut or current enforcement document, unless modified by the Director; (1) my numeric val-uM will be accepted in reporting results of fecal coliform testing. The reporting of "too numerous to count" (TNTC) as a value will constitute a violation; (J) The results of all tests on the characteristics of the effluent, including but not limited to NPDES Permit Monitoring Requirements, shall be reported on monthly report forms; (K) The monthly average of analysis for each parameter and the maximum and minimum values forthe month shall be reported; (L) Certification by the Operator in Responsible Charge (ORC) as to the accuracy andcompleteness of the report and that he/she has performed and documented the required visitation and process control. (c) Additional Reporting/Monitoring Requirements: (1) When a facility is operated on an independent contract basis, the operator in responsible charge shall notify the owner of the facility in writing of any existing or anticipated conditions at the facilitywhichmay interfere with its proper operation and which need corrective action by the owner. The notice shallinclude recommendations for corrective action. (2) Two copies of the notice to the owner shall be sent to the Division as an attachment to the ne)d monthly monitoring report. (3) A log demonstrating visitation at the proper frequency forthe assigned classification, including dates and times of visits, and documentation of proper process control monitoring shall be maintained and shall be submitted to the Division upon request. Copies of all information must be readily available for inspection for a period of three years. (d) All information submitted will be classified as public information unless determined otherwise by the Director. History Note: Authority G.S. 143-215.1(b); 143-215.64; 143-215.65; 143-215.68; E,ff. February 1, 1976; Amended E,ff. August 2, 1993; April 1, 1993; December 1, 1984; November 1, 1978. 15A NCAC 0B .050 '+ OR T G + � � � + •� MS (a) General: (1) Every person subject to this Section shall file certified monitoring reports setting forth the results oftests and measurements conducted pursuant to NPDES permit monitoring requirements. (A) Monthly monitoring reports shall be filed no later than 30 calendar days after the end of the reporting period for which the report is made. (B) Reports filed pursuant to the requirements of Subparagraph (a)(1) of this Rule shall be of fomns furnished or approved by the Director and shall be submitted in duplicate to: ATTN: CENTRAL FILES DIVISION OF ENVIRONMENTAL MANAGEMENT POST OFFICE BOX 29535 RALEIGH, NORTH CAROLINA 27626-0535. (C) A copy of all reports submitted to the Director pursuant to this Section shall be retained by the owner of each water pollution control facility for a period of at least three years from the date of submission and be readily available to the Division for inspection. (D) In order to document information contained in reports submitted to the Director pursuant to this Section, the owner of each pollution control facility is required to retain or have readily available for inspection by the Division, the following items for a period of at least three years from report submission: (i) the original laboratory reports from any certified laboratory utilized for sample analysis. Such reports must be signed by the laboratory supervisor, and must indicate the date and time of sample collection and analysis, and the analysts' name; (ii) bench notes and data logs for sample analyses performed by the pollutioncontrolfaciltly staff or operator in responsible charge, whether or not the facility has a certified lab; and (iii) copies of all process control testing. (E) In situations where no discharge has occurred from the facility during the report period, the permittee is required to submit a monthly monitoring report giving all required information and indicating "NO FLOW" unless the Director agrees to waive the reporting requirement during e)dended conditions of no discharge. (2) Every person subject to this Section shall report by telephone to either the central office or appropriate regional office of the Division as soon as possible but no later than 24hours after occurrence oron the ne)d working day (however, if the occurrence is one which may endanger the public health, or fish or wildlife, and contact with the central office or the appropriate regional office cannot be made, such person shall report as soon as possible to the State Highway Patrol Warning Point in state 1-800-662-7956oroutofstate 919-733-3861) following the occurrence or first knowledge of the occurrence of any of the following: (A) Any failure of a collection system, pumping station or treatment facility resulting in a by-pass without treatment of all or any portion of the wastewater. (B) Any occurrence at the water pollution control facility which results in the discharge ofsignificant 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 hazardous substance through the facky, or any other unusual circumstances. (C) Any process unit failure, due to known or unknown reasons, that renders the facility incapableof adequate wastewater treatment, such as mechanical or electrical failures of pumps, aerators, compressors, etc. (3) Persons reporting such occurrences by telephone shall also provide a written report to the Divisionin letter form setting out the information required in Subparagraph (a)(4) of this Rule and pertinent information pertaining to the occurrence. This report must be received by the Division within five days followingfrst knowledge of the occurrence. (4) All reports required to be filed by this Section shall contain the following information in addition to such other information as is required for the particular report: (A) name of facility, (B) water pollution control facility location, (C) the class assigned to the water pollution control facility, (D) the water pollution control facility permit number assigned by the Department of Environment, Health, and Natural Resources to the permit or other approval document issued by the Environmental Management Commission under which the discharge is made, (E) contact name and telephone number and mailing address, (F) estimated nature and extent of environmental damage caused by the incident. (5) Any person desiring confidentiality for any influent information submitted shall specify the influent information for which confidentiality is sought and shall justify such request to the Department of Environment, Health, and Natural Resources, and if such request is approved by the Director shall by an appropr'ate starn. , indicate the location of such information on each report filed thereafter. (b4 Mor�tihly Momitcrrina Retorts: (1) Every person operating a monitoring system required by this Section shall file a monitoring report once each month which includes the data for the samples collected during the month. This report shall befiled no later than 30 calendar days after the end of the reporting period for which the report is made. (2) Monthly monitoring reports shall be reviewed, compliance status deter pined, certified by signature, and submitted by the following: (A) For a corporation: by a responsible corporate officer. For the purpose of the Section, a responsible corporate officer means: (i) 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 ordecision- making functions for the corporation, or (ii) the manager of one or more manufacturing production or operating facilities employing more than 250 persons or having gross annual sales or expenditures exceeding twenty- five million dollars ($25,000,000) (in second quarter 1980 dollars), if authority to sign documents had been assigned or delegated to the manager in accordance withcorporate procedures. (B) For a partnership or sole proprietorship: by a general partner or the proprietor, respectively; or (C) For a municipality, State, Federal, County, or other public agency: by either a principal e?ecutive officer or ranking elected official; (D) Duly authorized representative of the person described in Paragraphs (b)(2)(A), (B) and (C). A person is a duly authorized representative only if- (i) The authorization is made in writing by a person described in Paragraphs (b)(2)(A), (B) and (C); (ii) The authorization specified either an individual or a position having responsibkforthe 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 (iii) The written authorization is submitted to the Permit Issuing Authority. Permittees authorizing another individual to sign as representative in no way relinquishes any responsibility for the permit or his responsibility to remain familiar with the pemut conditions, limits, including any modifications, and for the compliance data reports for the permit. (E) Permittee signing the report certifies to the following statement: " I certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the infomnation submitted. Based on my inquiry of the person or persons whonanaged the system, or those persons directly responsible for gathering the infomration, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. Iamawarethat there are significant penalties for submitting false information, including the possibility of fines and imprisonment for knowing violations." The monthly report shall also be certified by the operator in responsible charge of a classified treatment facility or by the manager of an industrial establishment which has a point source of waste discharge and which does not have a classified water pollution control facility. ORING REPORT(MR) VIOLATIONS for: Report Date: 09/12/13 Page: 1 of 3 Permit., nC0088056 ' ° Mfts Between. " I -2008 `and , 9=2013 -' Region' °la Violation:Category:/ g ° Program.Category % Facility°Natne.a °!° Paratii Name: °t° Gourriy:li Swlibasin: A/°' Violation Action: . Major„Minor PERMIT: NCO088056 FACILITY: Vista Developers, LLC -Blacksmith Run WVVTP COUNTY: Henderson REGION: Asheville Limit Violation MONITORING OUTFALL / VIOLATION UNIT OF CALCULATED REPORT PPI LOCATION PARAMETER DATE FREQUENCY MEASURE LIMIT VALUE % OVER LIMIT VIOLATION TYPE VIOLATION ACTION 04 -2011 001 Effluent Chlorine, Total Residual 04/13/11 Weekly ug/I 28 30 7.14 Daily Maximum Exceeded No Action, BPJ 06 -2011 001 Effluent Chlorine, Total Residual 06/07/11 Weekly ug/I 28 38 35.71 Daily Maximum Exceeded No Action, BPJ 09 -2011 001 Effluent Chlorine, Total Residual 09/21/11 Weekly ug/I 28 41 46.43 Daily Maximum Exceeded No Action, BPJ 10 -2011 001 Effluent Chlorine, Total Residual 10/12/11 Weekly ug/I 28 34 21.43 Daily Maximum Exceeded No Action, BPJ 06 -2013 001 Effluent Flow, in conduit or thru 06/30/13 Continuous mgd 0.089 7,251.6667 8,147,840.07 Monthly Average Exceeded None treatment plant Monitoring Violation MONITORING OUTFALL/ VIOLATION UNIT OF CALCULATED REPORT PPI LOCATION PARAMETER DATE FREQUENCY MEASURE LIMIT VALUE % OVER LIMIT VIOLATION TYPE VIOLATION ACTION 06 001 Effluent Flow, in conduit or thru 06/01/08 Continuous mgd Frequency Violation No Action, Invalid -2008 treatment plant Permit 06 -2008 001 Effluent Flow, in conduit or thru 06/07/08 Continuous mgd Frequency Violation No Action, Invalid treatment plant Permit 06 -2008 001 Effluent Flow, in conduit or thru 06/08/08 Continuous mgd Frequency Violation No Action, Invalid treatment plant Permit 06 001 Effluent Flow, in conduit or thru 06/14/08 Continuous mgd Frequency Violation No Action, Invalid -2008 treatment plant Permit 06 -2008 001 Effluent Flow, in conduit or thru 06/15/08 Continuous mgd Frequency Violation No Action, Invalid treatment plant Permit 06 -2008 001 Effluent Flow, in conduit or thru 06/21/08 Continuous mgd Frequency Violation No Action, Invalid treatment plant Permit 06 001 Effluent Flow, in conduit or thru 06/22/08 Continuous mgd Frequency Violation No Action, Invalid -2008 treatment plant Permit 06 001 Effluent Flow, in conduit or thru 06/28/08 Continuous mgd Frequency Violation No Action, Invalid -2008 treatment plant Permit MONITORING REPORT(MR) VIOLATIONS for: Report Date: 09/12/13 Page: 2 of 3 Permit:. nc0b88056 ° °` MRs Between: 1-2008, "and 9-2013 Region: aro' Vioi'ation".Category: % c -Program Category.° F'abifity Narne:. "!p P'aram Name: % ," County:'°lu Violation Action: 'Major Minor:, PERMIT: NCO088056 FACILITY: Vista Developers, LLC - Blacksmith Run WWTP COUNTY: Henderson REGION: Asheville Monitoring Violation MONITORING OUTFALL / REPORT PPI LOCATION PARAMETER 06 -2008 001 Effluent Flow, in conduit or thru treatment plant 06 -2008 001 Effluent Flow, in conduit or thru treatment plant 02 -2011 001 Effluent Flow, in conduit or thru treatment plant 02 -2011 001 Effluent Flow, in conduit or thru treatment plant 02 -2011 001 Effluent Flow, in conduit or thru treatment plant 02 -2011 001 Effluent Flow, in conduit or thru treatment plant 02 -2011 001 Effluent Flow, in conduit or thru treatment plant 02 -2011 001 Effluent Flow, in conduit or thru treatment plant 02 -2011 001 Effluent Flow, in conduit or thru treatment plant 02 -2011 001 Effluent Flow, in conduit or thru treatment plant 03 -2012 001 Effluent Flow, in conduit or thru treatment plant 06 -2013 001 Effluent Flow, in conduit or thru treatment plant 06 -2013 001 Effluent Flow, in conduit or thru treatment plant 06 -2013 001 Effluent Nitrogen, Total (as N) - Concentration VIOLATION UNIT OF CALCULATED DATE FREQUENCY MEASURE LIMIT VALUE % OVER LIMIT VIOLATION TYPE VIOLATION ACTION 06/29/08 Continuous mgd Frequency Violation No Action, invalid Permit 06/30/08 Continuous mgd Frequency Violation No Action, Invalid Permit 02/05/11 Continuous mgd Frequency Violation Proceed to NOV 02/06/11 Continuous mgd Frequency Violation Proceed to NOV 02/12/11 Continuous mgd Frequency Violation Proceed to NOV 02/13/11 Continuous mgd Frequency Violation Proceed to NOV 02/19/11 Continuous mgd Frequency Violation Proceed to NOV 02/20/11 Continuous mgd Frequency Violation Proceed to NOV 02/26/11 Continuous mgd Frequency Violation Proceed to NOV 02/27/11 Continuous mgd Frequency Violation Proceed to NOV 03/31/12 Continuous mgd Frequency Violation No Action, Facility Reporting Error 06/29/13 Continuous mgd Frequency Violation None 06/30/13 Continuous mgd Frequency Violation None 06/30/13 Semi-annually mg/I Frequency Violation None MONITORING REPORT(MR) VIOLATIONS for: Report Date: 09/12/13 Page: 3 of 3 i Permlt nc0088056 Miss Between. 1 �b�8 'and � �01, � Reglon. v" ; � � Vlolation Category. /o' Prograi4i Category �i s Facili ` Na' °1a Para]Name: °la Count °fd: Subbasin:•0 ' °� tY y: k Violatlon Actign o .o l y: Ma)or, Minor PERMIT: NCO088056 FACILITY: Vista Developers, LLC - Blacksmith Run WWTP COUNTY: Henderson REGION: Asheville Monitoring Violation MONITORING OUTFALL/ VIOLATION UNIT OF CALCULATED REPORT PPI LOCATION PARAMETER DATE FREQUENCY MEASURE LIMIT VALUE o/ OVER LIMIT VIOLATION TYPE VIOLATION ACTION 06 -2013 001 Effluent Phosphorus, Total (as P) - 06/30/13 Semi-annually mg/I Frequency Violation None Concentration North Carolina Department of Environmental Quality Pat McCrory I'0]d R. vanRGovernor7..ionofWatarReswlc�S October 23, 2015 NOV - 2 2015 Mr. Ed Nunez Vista Developers, LLC Water nuaiity Regional Operations 525 N Main St Asheville 11,94.onai Of{ice Hendersonville, NC 28792 Dear Mr. Nunez: vaart Subject: Issuance of modified NPDES Permit NCO088056 Blacksmith Run WWTP Henderson County Class WW-2 Division personnel have reviewed and approved your request to renew the subject permit. Accordingly, we are forwarding the attached NPDES discharge permit. This permit is issued pursuant to the requirements of North Carolina General Statute 143-215.1 and the Memorandum of Agreement between North Carolina and the U.S. Environmental Protection Agency dated October 15, 2007 (or as subsequently amended). This final permit includes no major changes from the draft permit sent to you on September 9, 2015. If any.parts, measurement frequencies or sampling requirements contained in this permit are unacceptable to you, you have the right to an adjudicatory hearing upon written request within thirty (30) days following receipt of this letter. This request must be in the form of a written petition, conforming to Chapter 150B of the North Carolina General Statutes, and filed with the Office of Administrative Hearings (6714 Mail Service Center, Raleigh, North Carolina 27699-6714). Unless such demand is made, this decision shall be final and binding. Please note that this permit is not transferable except after notice to the Division. The Division may require modification or revocation and reissuance of the permit. This permit does not affect the legal requirements to obtain any other Federal, State, or Local governmental permit that may be required. If you have any questions concerning this permit, please contact Charles Weaver at telephone number (919) 807- 6391. Sincer ly, S. Zimmerman, Dire7or Division of Water Resources cc: Central Files - ` l'-WHe�ioRa 10- f : NPDES Unit 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 512 North Salisbury Street, Raleigh, North Carolina 27604 Phone: 919 807-6300 / FAX 919 807-6489 / http:Hportal.ncdenr.org/web/wq An Equal Opportunity/Affirmative Action Employer - 50% Recycled/101/6 Post Consumer Paper Permit NC0088056 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY DIVISION OF WATER RESOURCES PERMIT TO DISCHARGE WASTEWATER UNDER THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM In compliance with the provision of North Carolina General Statute 143-215.1, other lawful standards and regulations promulgated and adopted by the North Carolina Environmental Management Commission, and the Federal Water Pollution Control Act, as amended, Vista Developers, LLC is hereby authorized to discharge wastewater from a facility located at the Blacksmith Run WWTP Chimney Rock Rd, near Edneyville Henderson County to receiving waters designated Lewis Creek in subbasin 04-03-02 of the'French Broad River Basin in accordance with effluent limitations, monitoring requirements, and other conditions set forth in Parts I, II, III, and IV hereof. The permit shall become effective November 1, 2015. This permit and the authorization to discharge shall expire at midnight on October 31, 2020. Signed this day October 23, 2015 SZimmerman, Director Division of Water Resources By Authority of the Environmental Management Commission Page 1 of 5 Permit NCO088056 Part I A. (1) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS [15A NCAC 02B.0400 et seq., 15A NCAC 02B.0500 et seq.] Beginning upon the effective date of this permit and lasting until permit 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: �'AIIAMETER LIMPITS' - ONITORING - R RE LJI EMENTS [PCS CODE] Month'' Y I)ail'y Measurement Sample Sample. Flow Average Maximum- ., Fre:quency-. _ : Type Locatorn [500501 0.089 MGD Continuous Recording Influent or Effluent BOD, 5-day, 200C (C0310] 30.0 mg/L 45.0 mg/L Weekly Composite Effluent NH3 as C0610]N 7.0 mg/L 20.0 mg/L Weekly Composite Effluent Total Suspended Solids C0530 30.0 mg/L 45.0 mg/L Weekly Grab � Effluent Fecal Coliform [31616] - (geometric mean) 200 / 100 ml 400 / 100 ml Weekly y Grab Effluent Total Residual Chlorine2 Grab Effluent (50060] _ 28 pg/L Weekly Temperature (°C) [000101 Weekly Grab Effluent pH [00400] >6.0 and < 9.0 standard units Weekly Grab Effluent Total Nitrogen [C0600] (NOZ+NO3+TKN) Semi-annual Composite Effluent Total Phosphorus [CO665] Semi-annual Composite Effluent Notes: 1. No later than 270 days from the effective date of this permit, the permittee shall begin submitting discharge monitoring reports electronically using the Division's eDMR system [see A. (2)] . 2. Total Residual Chlorine (TRC) limit and monitoring requirements apply only if chlorine is used for disinfection. 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. Page 3 of 5 ,441 Permit NC0088056 A. (2) EILECTRONIC REPORTING OF DISCHARGE MONITORING REPORTS [NCGS 143-215.1 (b)] Proposed federal regulations require electronic submittal of all discharge monitoring reports -(DMRs) and specify that, if a state does not establish a system to receive such submittals, then permittees must submit DMRs electronically to the Environmental Protection Agency (EPA). The Division anticipates that these regulations will be adopted and is beginning implementation. NOTE: This special condition supplements or supersedes the following sections within Part II of this permit (Standard Conditions for NPDES Permits): • Section B. (11.) • Section D. (2.) • Section D. (6.) • Section E. (5.) Signatory Requirements Reporting Records Retention Monitoring Reports 1. Reporting [Supersedes Section D (2) and Section E. (5) (a) Beginning no later than 270 days from the effective date of this permit, the permittee shall begin reporting discharge monitoring data electronically using the NC DWR's Electronic Discharge Monitoring Report (eDMR) internet application. Monitoring results obtained during the previous month(s) shall be summarized for each month and submitted electronically using eDMR. The eDMR system allows permitted facilities to enter monitoring data and submit DMRs electronically using the internet. Until such time that the state's eDMR application is compliant with EPA's Cross -Media Electronic Reporting Regulation (CROMERR), permittees will be required to submit all discharge monitoring data to the state electronically using eDMR and will be required to complete the eDMR submission by printing, signing, and submitting one signed original and a copy of the computer -printed eDMR to the following address: NC DEQ / Division of Water Resources / Information Processing Unit ATTENTION: Central Files / eDMR 1617 Mail Service Center Raleigh, NC 27699-1617 If a permittee is unable to use the eDMR system due to a demonstrated hardship or due to the facility being physically located in an area where less than 10 percent of the households have broadband access, then a temporary waiver from the NPDES electronic reporting requirements may be granted and discharge monitoring data may be submitted on paper DMR forms (MR 1 1.1, 2, 3) or alternative forms approved by the Director. Duplicate signed copies shall be submitted to -the -mailing address above. Requests for temporary waivers from the NPDES electronic reporting requirements must be submitted in writing to the Division for written approval at least sixty (60) days prior to the date the facility would be required under this permit to begin using eDMR. Temporary waivers shall be valid for twelve (12) months and shall thereupon expire. At such time, DMRs shall be submitted electronically to the Division unless the permittee re -applies for and is granted a new temporary waiver by the Division. Page 4 of 5 Permit NCO088056 Information on eDMR and application for a temporary waiver from the NPDES electronic reporting requirements is found on the following web page: htt-p://-Portal.nedenr.org/web/Wq/admin/bog/i-pu/edmr Regardless of the submission method, the first DMR is due on the last day of the month following the issuance of the permit or in the case of a new facility, on the last day of the month following the commencement of discharge. 2. Signatory Requirements [Supplements Section B. 11. b and su-persedes Section B. (11) (d)] All eDMRs submitted to the permit issuing authority shall be signed by a person described in Part II, Section B. (11.)(a) or by a duly authorized representative of that person as described in Part II, Section B. (11)(b). A person, and not a position, must be delegated signatory authority for eDMR reporting purposes. For eDMR submissions, the person signing and submitting the DMR must obtain an eDMR user account and login credentials to access the eDMR system. For more information on North Carolina's eDMR system, registering for eDMR and obtaining an eDMR user account, please visit the following web page: http://Portal.nedenr.org/web/wq/adinin/bog/ipu/edmr Certification. Any person submitting an electronic DMR using the state's eDMR system shall make the following certification [40 CFR 122.22]. NO OTHER STATEMENTS OF CERTIFICATION WILL BE ACCEPTED: 'V certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. lam aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for knowing violations. " 3. Records Retention [Supplements Section D. F. The permittee shall retain records of all Discharge Monitoring Reports, including eDMR submissions. These records or copies shall be maintained for a period of at least 3 years from the date of the report. This period may be extended by request of the Director at any time [40 CFR 122.41]. Page 5 of 5 _ `gym - � ,1 •s 111 of , { , .-• '4 Af 'I l 5Ile_ rl Discharge location NO ' '4� l.•} 1 pJt 555y C' .•`j� �• y 1 , .7 i! °`ii41, '1:,f) yWE 11 Ile' t le h} .'�'• 51� , Pf� '1 f • ti 1 � 4 , � � � .J'' 1 ��`�}!y^'^1�, � 1 I�� �� � "`�+�,, � . . fi f ': I .� i t'''4 5 !4'I`5 ''•'''•'ky i \}''\*I• •� _.,`� 1 +'1 f:•. ' I, �r.I, KIP e — - _ ��'`t ._I ` �,' 7y �� •1 � f i i �? t'�,(�_._ - F'/1'..� , fi'� ri, �t 55 R, IT'G L-'u E, k..h1 � ✓g cn , - I - i � i �'• _ - - I � alp �-� _ -� - ; .- A��, j I' :?r f � J d �1 ,�I `-4 ' y, ` �1- r P 1•;, ,, I q — 4 37 L� r p 4 all. a �}Lyti f c _ � � �— • ���� 'jI� i � .• _ 1411. BLacksmith Run WWTP - NCO088056 USGS Quad Name: Bat Cave, N.C. Latitude: Receiving Stream: Lewis Creek 35023'21" Stream Class: C-Trout Longitude: 5ubbasin: French Broad/ 04-03-02 8202151" Facility i Location • NoPIA Map not to scale Henderson Countv ?DES Permit Standard Conditions Page 1 of 18 PART II STANDARD CONDITIONS FOR NPDES PERMITS Section A. Definitions 2/Month Samples are collected twice per month with at least ten calendar days between sampling events. These samples shall be representative of the wastewater discharged during the sample period. 3/Week Samples are collected three times per week on three separate calendar days. These samples shall be representative of the wastewater discharged. during the sample period. Act or "the Act" The Federal Water Pollution Control Act, also known as the Clean Water Act (CWA), as amended, 33 USC 1251, et. seq. Annual Average The arithmetic mean of all "daily discharges" of a pollutant measured during the calendar year. In the case of fecal coliform, the geometric mean of such discharges. Arithmetic Mean The summation of the individual values divided by the number of individual values. Bypass The known diversion of waste streams from any portion of a treatment facility including the collection system, which is not a designed or established or operating mode for the facility. Calendar Day The period from midnight of one day until midnight of the next day. However, for purposes of this permit, any consecutive 24-hour period that reasonably represents the calendar day may be used for sampling. Calendar Week The period from Sunday through the following Saturday. Calendar Quarter One of the following distinct periods: January through March, April through June, July through September, and October through December. Composite Sample A sample collected over a 24-hour period by continuous sampling or combining grab samples of at least 100 mL in such a manner as to result in a total sample representative of the wastewater discharge during the sample period. The Director may designate the most appropriate method (specific number and size of aliquots necessary, the time interval between grab samples, etc.) on a case -by -case basis. Samples may be collected manually or automatically. Composite samples may be obtained by the following methods: (1) Continuous: a single, continuous sample collected over a 24-hour period proportional to the rate of flow. (2) Constant time/variable volume: a series of grab samples collected at equal time intervals over a 24 hour period of discharge and combined proportional to the rate of flow measured at the time of individual sample collection, or (3) Variable time/constant volume: a series of grab samples of equal volume collected over a 24 hour period with the time intervals between samples determined by a preset number of gallons passing the sampling point. Flow measurement between sample intervals shall be determined by use of a flow recorder and totalizer, and the preset gallon interval between sample collection fixed at no greater than 1/24 of the expected total daily flow at the treatment system, or Version 1110912011.1 46'.,4PDES Permit Standard Conditions Page 16 of 18 3. With regard to the effluent requirements listed in Part I of this permit, it may be necessary for the Permittee to supplement the requirements of the Federal Pretreatment Standards (40 CFR, Part 403) to ensure compliance by the Permittee with all applicable effluent limitations. Such actions by the Permittee may be necessary regarding some or all of the industries discharging to the municipal system. 4. The Permittee shall require any Industrial User (IU) discharging to the POTW to meet Federal Pretreatment Standards developed under Section 307(b) of the Act as amended (which includes categorical standards and specific local limits, best management practices and narrative requirements). Prior to accepting wastewater from any Significant Industrial User (SIU), the Permittee shall either develop and submit to the Division a new Pretreatment Program or, as necessary, a modification of an existing Pretreatment Program, for approval as required under section D below as well as 15A NCAC 02H .0907(a) and (b). [40 CFR 122.440)(2)] 5. This permit shall be modified, or alternatively, revoked and reissued, to incorporate or modify an approved POTW Pretreatment Program or to include a compliance schedule for the development of a POTW Pretreatment Program as required under Section 402 (b)(8) of the CWA and implementing regulations or by the requirements of the approved State pretreatment program, as appropriate. Section D. Pretreatment Programs Under authority of sections 307 (b) and (c) and 402(b)(8) of the CWA and implementing regulations 40 CFR 403, North Carolina General Statute 143-215.3(14) and implementing regulations 15A NCAC 02H .0900, and in accordance with the approved pretreatment program, all provisions and regulations contained and referenced in the pretreatment program submittal are an enforceable part of this permit. [40 CFR 122.440)(2)] The Permittee shall operate its approved pretreatment program in accordance with Section 402(b)(8) of the CWA, 40 CFR 403, 15A NCAC 02H .0900, and the legal authorities, policies, procedures, and financial provisions contained in its pretreatment program submission and Division approved modifications thereof. Such operation shall include but is not limited to the implementation of the following conditions and requirements. Terms not defined in Part II or Part IV of this permit are as defined in 15A NCAC 02H .0903 and 40 CFR 403.3. 1. Sewer Use Ordinance (SUO) The Permittee shall maintain adequate legal authority to implement its approved pretreatment program. [15A NCAC 02H .0903(b)(32), .0905 and .0906(b)(1); 40 CFR 403.8(f)(1) and 403.9(b)(1) and (2)] 2. Industrial Waste Survey (IWS) The Permittee shall implement an IWS consisting of the survey of users of the POTW collection system or treatment plant, as required by 40 CFR 403.8(f)(2)(i-iii) and 15A NCAC 02H .0905 [also 40 CFR 122.440)(1)], including identification of all Industrial Users that may have an impact on the POTW and the character and amount of pollutants contributed to the POTW by these Industrial Users and identification of those Industrial Users meeting the definition of SIU. Where the Permittee accepts wastewater from one or more satellite POTWs, the IWS for the Permittee shall address all satellite POTW services areas, unless the pretreatment program in those satellite service areas is administered by a separate Permittee with an approved Pretreatment Program. The Permittee shall submit a summary of its IWS activities to the Division at least once every five years, and as required by the Division. The IWS submission shall include a summary of any investigations conducted under paragraph C.2.c. of this Part. [15A NCAC 02H .0903(b)(13), .0905 and .0906(b)(2); 40 CFR 403.8(f)(2) and 403.9] 3. Monitoring Plan The Permittee shall implement a Division -approved Monitoring Plan for the collection of facility specific data to be used in a wastewater treatment plant Headworks Analysis (HWA) for the development of specific pretreatment local limits. Effluent data from the Plan shall be reported on the DMRs (as required by Parts II.D and II.E.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 122.441. The Permittee shall develop, in accordance with 40 CFR 403.5(c) and 15A NCAC 02H .0909, specific Local Limits to implement the prohibitions listed in 40 CFR 403.5(a) and (b) and 15A NCAC 02H .0909. Pursuant to 40 CFR 403.5, local limits are Version 1110912011.1 DES Permit Standard Conditions Page 17 of 18 enforceable Pretreatment Standards as defined by 40 CFR 403.3(1). [15A NCAC 02H .0903 (b)(I 0), .0905, and .0906(b)(4)] Industrial User Pretreatment Permits (IUP) & Allocation Tables In accordance with NCGS 143-215.1, the Permittee shall issue to all Significant Industrial Users, permits for operation of pretreatment equipment and discharge to the Permittee's collection system or treatment works. These permits shall contain limitations, sampling protocols, reporting requirements, appropriate standard and special conditions, and compliance schedules as necessary for the installation of treatment and control technologies to assure that their wastewater discharge will meet all applicable pretreatment standards and requirements. The Permittee shall maintain a current Allocation Table (AT) which summarizes the results of the HWA and the limits from all IUPs. Permitted IUP loadings for each parameter cannot exceed the treatment capacity of the POTW as determined by the HWA. [15A NCAC 02H .0906(b)(6), .0909, .0916, and .0917; 40 CFR 403.5, 403.8(f)(1)(iii); NCGS 143-215.67(a)] Authorization to Construct (AtQ The Permittee shall ensure that an Authorization to Construct permit (AtC) is issued to all applicable Industrial Users for the construction or modification of any pretreatment facility. Prior to the issuance of an AtC, the proposed pretreatment facility and treatment process must be evaluated for its capacity to comply with all Industrial User Pretreatment Permit (IUP) limitations. [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 (SIUs) at least once per calendar year for all SIU permit -limited parameters including flow except as allowed under 15A NCAC .0908(e); and c. At least once per year, document an evaluation of any non -significant categorical Industrial User for compliance with the requirements in 40 CFR 403.3(v)(2), and either continue or revoke the designation as non- significant. 8. IU Self Monitoringand nd Reporting The Permittee shall require all Industrial Users to comply with the applicable monitoring and reporting requirements outlined in the Division -approved pretreatment program, the industry's pretreatment permit, or in 15A NCAC 02H .0908. [15A NCAC 02H .0906(b)(5) and .0905; 40 CFR 403.8(f)(1)(v) and (2)(iii); 40 CFR 122.440)(2) and 40 CFR 403.12] 9. Enforcement Response Plan (ERP) The Permittee shall enforce and obtain appropriate remedies for violations of all pretreatment 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. hi lieu of submitting annual reports, Modified Pretreatment Programs developed under 15A NCAC 02H _0904 (b) may be required to submit a partial annual report or to meet with Division personnel periodically to discuss enforcement of pretreatment requirements and other pretreatment implementation issues. For all other active pretreatment programs, the Permittee shall submit two copies of a Pretreatment Annual Report (PAR) describing its pretreatment activities over the previous calendar year to the Division at the following address: Version 1110912011.1 1PDES Permit Standard Conditions Page 18 of 18 NC DENR / Division of Water Resources / Water Quality Permitting Section Pretreatment, Emergency Response, and Collection Systems (PERCS) Unit 1617 Mail Service Center Raleigh, North Carolina 27699-1617 These reports shall be submitted by March 1 of each year and shall contain the following: a. Narrative A narrative summary detailing actions taken, or proposed, by the Permittee to correct significant non- compliance and to ensure compliance with pretreatment requirements; b. Pretreatment Program Summary (PPS) A pretreatment program summary (PPS) on forms or in a format provided by the Division; c. Significant Non -Compliance Report (SNCR) A list of Industrial Users (IUs) in significant noncompliance (SNC) with pretreatment requirements, and the nature of the violations on forms or in a format provided by the Division; d. Industrial Data Summary Forms (IDSF) Monitoring data from samples collected by both the POTW and the. Significant Industrial Users (SIUs). These analytical results must be reported on Industrial Data Summary Forms (IDSF) or on other forms or in a format provided by the Division; e. Other Information Copies of the POTW's allocation table, new or modified enforcement compliance schedules, public notice of IUs in SNC, a summary of data or other information related to significant noncompliance determinations for IUs that are not considered SIUs, and any other information, upon request, which in the opinion of the Director is needed to determine compliance with the pretreatment implementation requirements of this permit; 11. Public Notice The Permittee shall publish annually a list of Industrial Users (Ns) that were in significant noncompliance (SNC) as defined in the Permittee's Division -approved Sewer Use Ordinance with applicable pretreatment requirements and standards during the previous twelve month period. This list shall be published within four months of the applicable twelve-month period. [15A NCAC 02H .0903(b)(34), .0908(b)(5) and .0905 and 40 CFR 403.8(f)(2)(viii)] 12. Record Keeping The Permittee shall retain for a minimum of three years records of monitoring activities and results, along with support information including general records, water quality records, and records of industrial impact on the POTW and shall retain all other Pretreatment Program records as required by 15A NCAC 02H .0908(f). [15A NCAC 02H .0908(f); 40 CFR 403.12(o)] 13. Pretreatment Program Resources The Permittee shall maintain adequate funding and qualified personnel to accomplish the objectives of its approved pretreatment program. and retain a written description of those current levels of inspection. [15A NCAC 02H .0906(b)(9) and (10) and .0905; 40 CFR 403.8(f)(3), 403.9(b)(3)] 14. Modification to Pretreatment Programs Modifications to the approved pretreatment program including but not limited to local limits modifications, POTW monitoring of their Significant Industrial Users (SIUs), and Monitoring Plan modifications, shall be considered a permit modification and shall be governed by 40 CFR 403.18, 15 NCAC 02H .0114 and 15A NCAC 02H .0907. Version 1110912011.1 I�RPB Systems Construction Senrices • Contract Operations • Maintenance March 12, 2019 Mr. Landon Davidson NCDENR-Water Quality Section 2090 U.S. Hwy 70 Swannanoa, NC 28778 Re: Notice of Violation NOV-2019-LM-0012 NPDES Permit NCO088056 Blacksmith Run Henderson County Dear Mr. Davidson, Division cf l alcr Resources MAR 1 4 2019== Water O allty i?enianal Operations This letter is written on behalf of Vista Developers at Blacksmith Run to provide information as to remedial action taken to the above referenced facility per your February 19th, 2019 letter attached. We have had daily maximum BOD violations for March, April, May, June, and now November 2018. We do not know the reason for these spikes but coincide with very high influent BODs we collected on 950mg/L-6130 mg/L. As you know package plants are designed for only domestic waste loading of 200-250 mg/L influent BOD. The site is rapidly being built out by the developer and have asked if they are aware of any toxic waste being dumped into the system of which they do not. We are still trying to determine the cause of these influent spikes. We will show the continuous flow readings which we have on the edmr site and discontinue the holiday drop down menu we thought we were to use previously as stated. I trust you will call if you have any questions or concerns. Robert Barr P.O. Box 1325 Asheville, N.C. 28802 (828)-251-1900 (828)-251-1945 :tf a anterit of:the:ft*:br.iAhe'r parameters f& that day; Hali ay ro be:repprte tb putt'hci an . H in_tire pa..... rrieter: colu[nn's .�,IRPB Systems Construction Services • Contract Operations • Maintenance June 26, 2018 Mr. Landon Davidson NCDENR-Water Quality Section 2090 U.S. Hwy 70 Swannanoa, NC 28778 Divisiors of Water Resources JUN 2 8 2018 Water Quality Regional Operations Ashev"P, ? ^in -a! r�tslco.. Re: Notice of Violation NOV-2018-LV-0382/0383 NPDES Permit NCO088056 Blacksmith Run Henderson County Dear Mr. Davidson, This letter is written on behalf of Vista Developers at Blacksmith Run to provide information as to remedial action taken to the above referenced facility per your June 4m letter attached. We have had daily maximum BOD violations for March, April, May, and now June 2018.. We do not know the reason for these spikes but coincide with very high influent BODs we collected on 5/24/18 of 6130 mg/L and 6/19/18 of 1230 mg/L. Package plants are designed for only domestic waste loading of 200-250 mg/L influent BOD. The site is rapidly being built out by the developer and have asked if they are aware of any toxic waste being dumped into the system of which they do not. We will most likely need to request regulatory assistance to determine the cause and hopefully allow the owner a reduction in potential fines during this time. Other violations listed in the EDMR process in your letter, Composite sampling times and holiday "H"' entries will be modified and resubmitted to correct these errors. When DMRS were submitted prior to electronic filing and accepted for thirty years it is hard to adjust to electronic forms for some of us. We should be able to resubmit reporting errors within the next week. I trust you will call if you have any questions or concerns. P.O. Box 1325 Asheville, N.C. 28802 (828)-251-1900 (828)-251-1945 il4i U1$ I S .k GA ivitrv-qu Cos, � June 4, 2018 Ed Nunez, Registered Agent Vista Developers, LLC 525 N Main St Hendersonville, NC 28792 SUBJECT: NOTICE OF VIOLATION Tracking Numbers: NOV-2018-LV-0382 Permit No. NCO088056 Blacksmith Run WwTP Henderson County Dear Permittee: A review of the March 2018 Discharge Monitoring Report (DMR) for the subject facility revealed the violation(s) indicated below: Limit Exceedance Violation(s): (NOV-2018-LV-0382 Sample Location Parameter Date 001 Effluent BOD, 5-Day (20 Deg. C) - 3/20/2018 Concentration (C0310) Limit Reported Value Value Type of Violation 45 60.6 Daily Maximum Exceeded Other Violationts): Type of Violation Date Violation Description Permit conditions violation 3/31/2018 Failure to record Composite Sample Time & Total Composite Time. A review of the April 2018 Discharge Monitoring Report (DMR) for the subject facility revealed the violation(s). indicated below: Limit Exceedance Violation(s): {NOV-2018-LV-0383 Sample Limit Reported Location Parameter Date Value Value Type of Violation 001 Effluent BOD, 5-Day (20 Deg. C) - 4/17/2018 45 78.1 Daily Maximum Exceeded Concentration (C0310) State of North Carolina i Environmental Quality j Water Resources 2090 U.S. 70- Highway, Swarmanoa, ;AFC 28778 828-296-4500 those parameters which re4uire Composite Samplin4 on the NPDES Permit: Please begin recording your Composite Samvlina Times and Total Composite Times"immediately on the EDMR. It has also been noted on previous eDMRs that the "Holiday" Drop -down Box has been used. Please discontinue the use of "Holiday" in the Drop -down Box for "No Reporting Reason" for "Continuous Flow." Per your NPDES Permit, Continuous Flow must be reported 365 days per year. Use of the drop -down box prevents the entering of the flow or other parameters for that day. Holidays may be reported by putting an "H" in the parameter col�mns. Explanations for weather or other reasons may be addressed in the Comments Section. Please see the Facility Reporting Guide or call this office. Remedial actions, if not already implemented, should be taken to correct any noted problems. The Division of Water Resources may pursue enforcement actions for this and any additional violations. If you have any questions concerning this matter, please contact Janet Cantwell of the Asheville Regional Office at 828-296-4500. Sincerely, ,/&A, 'Ki�go., G. Landon Davidson, P.G., Regional Supervisor Water Quality Regional Operations Section Asheville Regional Office Division of Water Resources, NCDEQ Ec: DWQ Laserfiche G:\WR\WQ1Henderson\Wa5tewater\Minors\Blacksmith Run 88056\20180604NC0088056_NOV201BLV0382_0383.rtf g aCeAnaieal ! vuwapa�aJabs:com t ANALYTICAL RESULTS Pace Analytical Services, LLC 2225 Riverside Dr. Asheville, NC 28804 (828)254-7176 Project: Blacksmith Raw Influent 5/24 Pace Project No.: 92386073 Sample: BLACKSMITH RAW Lab ID: 92386073001 Collected: 05/24/18 13:15 Received: 05/24/18 16:01 Matrix: Water INFLUENT Parameters Results Units Report Limit DF Prepared Analyzed CAS No. Qua[ 6210B BOD, 5 day Analytical Method: SM 5210B BOD, 5 day 6130 mg/L 2.0 1 05/25/18 05:19 05/30/18 10:56 B3 Date: 05/30/2018 02:27 PM REPORT OF LABORATORY ANALYSIS This report shall not be reproduced, except in full, without the written consent of Pace Analytical Services, LLC. Page 4 of 10 ANALYTICAL RESULTS Project: Blacksmith Run -RAW INF06/19/18 Pace Project No.: 92389016 Pace Analytical Services, LLC 2225 Riverside Dr. Asheville, NC 28804 (828)254-7176 Sample: BLACKSMITH RUN RAW Lab ID: 92389016001 Collected: 06/19/18 10:20 Received: 06/19/18 15:31 Matrix: Water INFLUENT Parameters Results Units Report Limit DF Prepared Analyzed CAS No. Qua] 5210B BOD, 5 day Analytical Method: SM 5210B BOD, 5 day 1230 mg/L ' 2.0 1 06/20/18 07:08 06/25/18 08:50 Date: 06/25/2018 04:52 PM REPORT OF LABORATORY ANALYSIS This report shall not be reproduced, except in full, without the written consent of Pace Analytical Services, LLC. Page 4 of 10 FFV =*-RPBS AN ems Construction services • Contract Operations • Maintenance June 26, 2018 Mr. Landon Davidson NCDENR-Water Quality Section 2090 U.S. Hwy 70 Swannanoa, NC 28778 Re: Notice of ViolationNOV-2018-LV-0382/0383 NPDES Permit NC0088056 Blacksmith Run Henderson County Dear Mr. Davidson, This letter is written on behalf of Vista Developers at Blacksmith Run to provide information as to remedial action taken to the above referenced facility per your June 4tn letter attached. We have had daily maximum BOD violations for March, April, May, and now June 2018. We do not know the reason for these spikes but coincide with very high influent BODs we collected on 5/24/18 of 6130 mg/L and 6/19/18 of 1230 mg/L. Package plants are designed for only domestic waste loading of 200-250 mg/L influent BOD. The site is rapidly being built out by the developer and have asked if they are aware of any toxic waste being dumped into the system of which they do not. We will most likely need to request regulatory assistance to determine the cause and hopefully allow the owner a reduction in potential fines during this time. Other violations listed in the EDMR process in your letter, Composite sampling times and holiday "H" entries will be modified and resubmitted to correct these errors. When DMRS were submitted prior to electronic filing and accepted for thirty years it is hard to adjust to electronic forms for some of us. We should be able to resubmit reporting errors within the next week. I trust you will call if you have any questions or concerns. ROW $A-44 Robert Barr P.O. Box 1325 Asheville, N.C. 28802 (828)-251-1900 (828)-251-1945 ace�r�ly�cal mvwp8'cetabS: XirFf f: ANALYTICAL RESULTS Project: Blacksmith Run -RAW INF06/19/18 Pace Project No.: 92389016 j Pace Analytical �J ServicLC__ id2225 Riversr. Asheville, NC 28804 (828)254-7176 Sample: BLACKSMITH RUN RAW Lab ID: 92389016001 Collected: 06/19/18 10:20 Received: 06119118 15:31 Matrix: Water INFLUENT Parameters Results Units Report Limit DF Prepared Analyzed CAS No. Qual 5210B BOD, 5 day Analytical Method: SM 5210B BOD, 5 day 1230 mg/L 2.0 1 06/20/18 07:08 06/25/18 08:50 Date: 06/25/2018 04:52 PM REPORT OF LABORATORY ANALYSIS This report shall not be reproduced, except in full, without the written consent of Pace Analytical Services, LLC. Page 4 of 10 Cantwell, Janet From: Davidson, Landon Sent: Tuesday, June 26, 2018 1:58 PM To: Boss, Daniel J Cc: Cantwell, Janet Subject: FW: [External] Blacksmith NOV NOV-2018-LV-0382.& 0383 Attachments: Image062618183722.pdf, Nov response 6-26-18.pdf; Image062618183738.pdf; Bob Barr.vcf G. Landon Davidson, P.G. Regional Supervisor — Asheville Regional Office Water Quality Regional Operations Section NCDEQ — Division of Water Resources 828 296 4680 office 828 230 4057 mobile Landon. Davidson (�!,)ncdenr.gov 2090 U.S. Hwy. 70 Swannanoa, N.C. 28711 Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Robert Barr [mailto:rbarr@rpbsystems.com] Sent: Tuesday, June 26, 2018 1:48 PM To: Davidson, Landon <landon.davidson@ncdenr.gov> Cc: scottm@vistadevelopers.com; edn@vistadevelopers.com; Rick Swilling <rswilling@rpbsystems.com>; Robert Barr <rbarr@rpbsystems.com> Subject: [External] Blacksmith NOV NOV-2018-LV-0382 & 0383 Landon, See response to NOV-2018-LV-0382 & 0383 for Blacksmith. Original in today's mail. Amended EDmrs & hardcopies will be sent to central files. Bob Barr Bib Barr - - --- -- --- R�'B Syste[F�s, inc EanSE6uc€Frsn Sc ContracE,dperatE:, }`7 7fi0 ,:rF�arrt�stpbsysietsi� coma. �P d Box�I325 - :kshev[EteE GtfC 2d3U2 _ ., iiiFW4V rpEis�siems CCt[nf 7 June 17, 2015 Wren Tedford NC DENR / DWR / NPDES Unit 1617. Mail Service Center Raleigh, NC 27699-1617 RE: Permit-NCDES.N00088056 Dear Mr. Tedford, RECEIVE®/DENR/DWl4 JUN292015 Water Quality Section Enclosed you will find the following documents pertaining to the renewal of our permit: I. Completed application form — one original and 2 copies 2. Narrative Description of Sludge Management Plan for the facility is outlined in the letter enclosed from Robert Barr with RPB Systems. Please forward us our renewal when the process is completed. If you have any questions, please give me a call at 8287698-2400 or email me at edn@vistadevelopers.com Sincerely, A Ed Nunez Chief Operating Officer Vista Developers, LLC RECEIVED Division of Water Resources JUL - 9 2015 Water Quality Regional Operations Asheville Regional Office 525 N. Main Street • Hendersonville, NC 28792 • Ph (828) 698-2400 • > x (828) 698-8801 • (866) 519-2400 wwwNistadevelopers.com NC / 28792 NOV NPDES APPLICATION - FORM D For privately -owned treatment systems treating 100% domestic wastewaters <1.0 MGD Mail the complete application to: N. C. DENR / Division of Water Resources / NPDES Program 1617 Mail Service Center, Raleigh, NC 27699-1617 NPDES Permit NCO06 82 If you are completing this form in computer use the TAB key or the up - down arrows to move from one field to the next. To check the boxes, click your mouse on top of the box. Otherwise, please print or type. I. Contact Information: Owner Name Vista Developers, LLC Facility Name Blacksmith Run WWTP RECEIVE®/DENR/®WR Mailing Address 525 North Main Street City Hendersonville State / Zip Code Telephone Number Fax Number e-mail Address edn(u,vistadevelopers com 2. Location of facility producing discharge: Check here if same address as above ❑ Street Address or State Road Off US 64 City Edneyville State / Zip Code NC / 28727 County Henderson 3. Operator Information. - Name of the firm, public organization or other entity that operates the facility. (Note that this is not referring to the Operator in Responsible Charge or ORC) Name RPB Systems, Inc. Mailing Address P.O. Box 1325 City Asheville State / Zip Code NC / 28802 Telephone Number 828-251-1900 Fax Number 828-251-1945 e-mail Address rbarr@rpbsystems.com R �� ". Dives � 0 1 of 3 JUL - 9 2015 Water Quality 3,.r:- AshevNle r > _ l.,,n- Form-D 9/2013 PPV NPDES APPLICATION - FORM D For privately -owned treatment systems treating 100% domestic wastewaters <1.0 MGD 4. Description of wastewater: Domestic Sewage from School Facility Generating Wastewater(check all that apply): Industrial ❑ Number of Employees Commercial ❑ Number of Employees Residential X Number of Homes 27 School Number of Students/Staff Other ❑ Explain: Describe the source(s) of wastewater (example: subdivision, mobile home park, shopping centers, restaurants, etc.): Subdivision Number of persons served: 54 5. Type of collection system X Separate (sanitary sewer only) ❑ Combined (storm sewer and sanitary sewer) 6. Outfall Information: Number of separate discharge points 1 Outfall Identification number(s) 001 Is the outfall equipped with a diffuser? ❑ Yes X No 7. Name of receiving stream(s) (NEW applicants: Provide a map shouring the exact location of each outfall): Lewis Creek 8. Frequency of Discharge: X Continuous ❑ Intermittent If intermittent: Days per week discharge occurs: Duration: 9. Describe the treatment system List all installed components, including capacities, provide design removal for BOD, TSS, nitrogen and phosphorus. If the space provided is not sufficient, attach the description of the treatment system in a separate sheet of paper. Secondary package WWTP with flow equalization, extended aeration, ultra -violet disinfection, post aeration, flow meter, sludge holding, and standby generator. 2of3 Form-D 9/2013 Nov NPDES APPLICATION - FORM D For privately -owned treatment systems treating 100% domestic wastewaters <1.0 MGD 10. Flow Information: Treatment Plant Design flow 0.089 MGD Annual Average daily flow 0.0034 MGD (for the previous 3 years) Maximum daily flow 0.023 MGD (for the previous 3 years) 11. Is this facility located on Indian country? ❑ Yes X No 12. Effluent Data NEW APPLICANTS: Provide data for the parameters listed. Fecal Coliform, Temperature and pH shall be grab samples, for all other parameters 24-hour composite sampling shall be used. If more than one analysis is reported, report daily maximum and monthly average. If only one analysis is reported, report as daily maximum. RENEWAL APPLICANTS: Provide the highest single reading (Daily Maximum) and Monthly Average over the past 36 months for narametenz riirno„ti,, i„ ., .- .;+ 71.r....1_ ___ _ --- - -- Parameter -. •,�, �,,,. Mulm Daily Maximum 0111er arameters Monthly Average --lv/A-. Units of Measurement Biochemical Oxygen Demand (BOD5) 13.1 3.96 Mg/L Fecal Coliform 1550 1.8 / 100 ml Total Suspended Solids 15.7 4.82 Mg/L Temperature (Summer) n/a n/a Temperature (Winter) n/a n/a pH 7.6 7.06 13. List all permits, construction approvals and/or applications: Tree Permit Number Type Hazardous Waste (RCRA) UIC (SDWA) NPDES PSD (CAA) Non -attainment program (CAA) NCO088056 14. APPLICANT CERTIFICATION NESHAPS (CAA) Ocean Dumping (MPRSA) Dredge or fill (Section 404 or CWA) Other Permit Number I certify that I am familiar with the information contained in the application and that to the best of my knowledge and belief such information is true, complete, and accurate. Ed Nunez f j 0 Printed name of Person Signing Title Signature Applicant �6— OV(s Date North Carolina General Statute 143-215.6 (b)(2) states: Any person who knowingly makes any false statement representation, or certification in any application, record, report, plan, or other document files or required to be maintained under Article 21 or regulations of the Environmental Management Commission implementing that Article, or who falsifies, tampers with, or knowingly renders inaccurate any recording or monitoring device or method required to be operated or maintained under Article 21 or regulations of the Environmental Management Commission implementing that Article, shall be guilty of a misdemeanor punishable by a fine not to exceed $25,000, or by imprisonment not to exceed six months, or by both. (18 U.S.C. Section 1001 provides a punishment by a fine of not more than $25,000 or imprisonment not more than 5 years, or both, for a similar offense.) 3of3 Form-D 9/2013 �rRPB Y5 S'tems Constniction Services • contract opc�raBons • ,Maintenance June 17, 2015 Mr. Ed Nunez Chief Operating Officer Vista Developers Blacksmith Run WWTP 525 North Main Street Hendersonville, NC 28792 Re:Sludge Management Plan/Blacksmith Run WWTP Mr. Nunez, As requested and part of your permit renewal for Blacksmith Run WWTP this letter will outline the sludge Management Plan as part of Permit NPDES NC0088056. Waste sludge is directed to the internal sludge holding chamber where the waste is aerated and clear water decanted by an adjustable air lift decant pump. The final waste is hauled by Mikes Septic Pumping to MSD of Buncombe County. I trust this will enable you to complete your permit renewal. Call to discuss as needed. Robert Barr P.O. Box 1325 Asheville, N.C. 28802 (828)-251-1900 (828)-251-1945 RECEIVED Division of Water Resources JUL - 9 2015 Water Quality Regional Operations Asheville Reoional Office NC®ENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor ED Nunez, COO Vista Developers, LLC. Blacksmith Run WWTP 525 North Main Street Hendersonville, NC 28792 Dear Permittee: Donald R. van der Vaart Secretary June 2, 2015 Subject: Acknowledgement of Permit Renewal Permit NCOOSS056 Henderson County The NPDES Unit received your permit renewal application on June 23, 2015. A member of the NPDES Unit will review your application. They will contact you if additional information is required to complete your permit renewal. You should expect to receive a draft pen -nit approximately 30-45 days before your existing permit expires. If you have any additional questions concerning renewal of the subject permit, please contact Charles Weaver at (919) 807-6391. Sincerely, were w Tk-e of f o-ro, Wren Thedford Wastewater Branch cc: Central Files �A�b'.c lle Regronal-Office NPDES Unit 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Location: 512 N. Salisbury St. Raleigh, North Carolina 27604 Phone: 919-807-63001 Fax: 919-807-64921Customer Service: 1-877-623-6748 Internet:: www.ncwater.orq '''7F;' F Division JUL Asnevilie F, An Equal OpportunitykAffirmative Action Employer Certified Mail # 7016 1370 0001 6571 8560 Return Receipt Requested July 21, 2017 Ed Nunez, Registered Agent Vista Developers, LLC 525 N Main St Hendersonville, NC 28792 SUBJECT: NOTICE OF DEFICIENCY Tracking Number: NOD-2017-LV-0073 Permit No. NCO088056 Blacksmith Run WWTP Henderson County Dear Permittee: A review of the January 2017 Discharge Monitoring Report (DMR) for the subjectfacility revealed the deficiency(s) indicated below: Limit Exceedance Deficiency(s)- Sample Location Parameter Limit Reported Date Value Value Type of Deficiency 001 Effluent BOD, 5-Day (20 Deg. C) - 1/11/2017 45 46.5 Daily Maximum Exceeded Concentration (C0310) Please be aware that non-compliance with your permit could result in enforcement action by the Division of Water Resources for these and any additional violations of State law. The Asheville Regional Office encourages you to take all necessary actions to bring your facility into compliance. If you should need any assistance or would like to discuss this non-compliance situation, please contact Timothy Heim of the Asheville Regional Office at 828-296-4500. Sincerely, G. Landon Davidson, P.G., Region ervisor Water Quality Regional Operations Section Asheville Regional Office Division of Water Resources, NCDEQ Crc< W_,,QS.A--sheviIleoRegional.Office„�Enforcem,ent File NPDES Compliance/Enforcement Unit - Enforcement File G:\WR\WQ\Henderson\Wastewater\Minors\Blacksmith Run 88056WOD-2017-LV-0073.docx State of North Carolina I Environmental Quality I Water Resources 2090 U.S. 70 Highway, Swannanoa, NC 28778 828-296-4500 11 2016� August , Wastewater Branch Water Quality Permitting Section Division -of Water Resources 1611 Mail Service Center Raleigh, NC 27699-1617 Subject: Delegation of Signature Authority Blacksmith Run WWTP NPDES Number NCO088056 To Whom It May Concerns By notice of this letter, I hereby delegate signatory authority to each of the following individuals for all permit applications, discharge monitoring reports, and other information relating to the operations at the subject facility as -required by all applicable federal, state, and local environmental agencies specifically with the requirements for signatory authority as:specified in 15A NCAC 2B.0506. Robert Barr Contract Operations President P.O. Box 1325, Asheville, NC 288,02 251 Haywood- Street, Suite E, 28801 rbarr@rpbsystems.com 828-251-1900 office 828-230-1021 cell Ed Nunez Chief Operating Officer 525 N. Main Street Hendersonville, NC 28792 ednEpvistaclevelopers.com 828-698-2400 office 828-30.1-0586 cell If you have any questions regarding this letter, please feel free to contact meat 828-698- 2400. Sincerely, Ed Nunez Chief Operating. Officer 525 N. Main Street Hendersonville; NC 28792 edn ,vistadevelopers.com 828-698 2400 office 828-301-0586 cell RECEIVED Division of Water Resources AUG 1220 Water Quality Regional Operations A !ipv:,ie Re _ i� onal Office _ _- -cc: <NC'DWRAsheville> Regional Office, Water Quality Permitting Section 525 N. Main Street - Hendersonville, NC 28792. - Ph (828) 698-2400 + i (828) 698-8801 - (866) 519 2400 www.vistadevelopers.com .: V t2 3b41�53Wa y ti i Gnffiin'sCiocety(i is • � : . fir. _ ` ,�• ' �r'' �s; ` u,k Ls t pwraroea Q° x;"< e gw 1.9eticanStore �a �5 C4SlOiel flsm u O q"phte I loose lu Q + s w r O? ? q, G a +ers Repair a;3eontpup m r Main Lire Vd%e Farms FRih &h� in �°wderi!Lri Dr Jrci liable Market z s Certified Mail # 7014 0510 0000 4466 4439 Return Receipt Requested December 5, 2016 Ed Nunez, Registered Agent Vista Developers, LLC 525 N Main St Hendersonville, NC 28792 SUBJECT: NOTICE OF VIOLATION Tracking Number: NOV-2016-LV-0634 Permit No. NCO088056 Blacksmith Run WWTP Henderson County Dear Permittee: A review of the August 2016 Discharge Monitoring Report (DMR) for the subject facility revealed the violation(s) indicated below: Limit Exceedance Violation(s): Sample Limit Reported Location Parameter Date Value Value Type of Violation 001 Effluent Coliform, Fecal MF, MFC Broth, 8/9/2016 400 2,000 Daily Maximum Exceeded 44.5 C (31616) Remedial actions, if not already implemented, should be taken to correct any noted problems. The Division of Water Resources may pursue enforcement actions for this and any additional violations. Your facility will be required to report your Discharge Monitoring Reports electronically by December 21, 2016. For more information, please visit the eDMR Website at the following address: http://portal.ncdenr.org/web/wg/admin/­bog/­ipu/edmr. State of North Carolina I Environmental Quality I Water Resources 2090 U.S. 70 Highway, Swannanoa, NC 28778 828-296-4500 If you have any questions concerning this matter, please contact Janet Cantwell of the Asheville Regional Office at 828-296-4500. Sincerely, G. Landon Davidson, P.G:, Regional Supervisor. Water Quality Regional Operations Section Asheville Regional Office Division of Water Resources, NCDEQ �Cc WQS._Asheuille Regional Office =Enforcement File ' NPDES Compliance/Enforcement Unit - Enforcement File RPB Systems/ ORC G:\WR\NJQ\Henderson\Wasteavater\Minors\Blacksmith Run 88056\NOV-2016-LV-0634.rtf PAT 1wdl'COY i}8t5St@7 Certified Mail # 7014 0510 0000 4466 1209 Return Receipt Requested ., April 6; 2016 Ed Nunez, Registered Agent Vista Developers, LLC 525 N Main St Hendersonville, NC 28792 SUBJECT: NOTICE OF DEFICIENCY Tracking Number: NOD-2016-MV-0031 Permit -No. NCO088056 Blacksmith Run WWTP Henderson County Dear Permittee: A review of the October 2015 Discharge Monitoring Report (DMR) for the subject facility revealed the deficiency(s) indicated below: Monitorina Deficiencv(s): Sample Monitoring Location Parameter Date Frequency Type of Deficiency 001 Effluent Flow, in conduit or thru treatment 10/31/2015 Continuous Frequency Violation plant (50050) Please be aware that non-compliance with your permit could result in enforcement action by the Division of Water Resources for these and any additional violations of State law. The Asheville Regional Office encourages you to take all necessary actions to bring your facility into compliance. If the above parameter was left off inadvertently, please send an amended DMR within 10 business days of receipt of this letter to Raleigh at the address found on the front page of your DMR and also a copy to this office. i State of North Carolina I Environmental Quality I Water Resources 2090 U.S. 70 Highway, Swannanoa, NC 28778 828-296-4500 0 If you should need any.assistance or would like to discuss this non-compliance situation, please contact Janet Cantwell of the Asheville Regional Office at 828-296-4500. Sincerely, G. Landon Davidson, P.G., Regional Supervisor Water Quality Regional Operations Section Asheville Regional Office Division of Water Resources, NCDEQ Cc: �WQS_AsheviIke-Regionfal_Office �=Enforcement-File----T, NPDES Compliance/Enforcement Unit - Enforcement -File RPB Systems/ ORC G:`,WW\VIQ\Hendei5on\Wa<_tev+ater`,hlinors\Blacksmith Run 88056\NOD•2016-MV-0031.rtf NCDENR North Carolina Department of Environmer Division of Water Qualify. Beverly Eaves Perdue Charles Wakild, P.E. Governor Director Mr. Ed Nunez Vista Developers, LLC 525 N Main St Hendersonville, N.C. 28792 Dear Mr. Nunez: J Natural Resources { API - 9 2012 L:a� Dee Fr V ATER Q;e 1~L I T Y S _0T-10 ) SEASI-'EV'iLLE Pi--110iNAL OFFICE March 29, 2012 - Subject: Future Modification of NPDES Permit NCO088056 Blacksmith Run WWTP Henderson County The Division issued the subject permit on September 20, 2010. At that time, it was noted that Lewis Creek (the stream to which your facility discharges) was impaired from its designated uses. Further review by Division staff, including a new instream oxygen -consumption model, was done. The detailed review of Lewis Creek resulted in a need to modify the ammonia nitrogen effluent limits for your facility. Given the proximity for your facility to the Western Justice Academy WWTP (NCO086070), it was determined that effluent limits for both facilities required correction. Revised ammonia limits for NCO086070 were applied in 2011 as part of the permit renewal. The stricter ammonia nitroeen limits for your facility will be implemented at the next hermit renewal in 2015. It is our intention that this advance notice will allow you the necessary time to make the appropriate facility modifications. The existing permit limits are: ➢ 10.0 mg/L monthly average, 35.0 mg/L daily maximum (April 1 through October 31) ➢ 25.0 mg/L monthly average, 95.0 mg/L daily maximum (November 1 through March 31) The new permit limits will be: ➢ 7.0 mg/L monthly average, 20.0 mg/L daily maximum (year-round) If you have any questions concerning this matter, please contact Charles H. Weaver at (919) 807- 6391 or via e-mail [charles.weaver@ncdenr.gov]. 1harles er ly, L Wakild, P.E. cc: Central Files r Asheville Regional Office /-Surface Wafer Protection NPDES Unit 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 512 North Salisbury Street, Raleigh, North Carolina 27604 Phone: 919 807-6300 / FAX 919 807-6489 / Internet: www.ncwaterquality.org An Equal Opportunity/Affirmative Action Employer —50% Recycled/10% Post Consumer Paper One NofthCarohna Naturally T S, MCDENR Forth Carolina Department of Environment and Natural Resources Pat McCrory Governor July 25, 2014 Mr. Ed Nunez, Registered Agent Vista Developers, LLC 525 North Main Street Hendersonville, North Carolina 28792 Subject: NOTICE OF VIOLATION NOV-2014-LV-0349 Permit No. NCO088056 Blacksmith Run WWTP Henderson County Dear Mr. Nunez: John E. Skvarla, III Secretary A review of Blacksmith Run WWTP's monitoring report for April 2014 showed the following violation: Parameter Date Limit Value Reported Value Limit Type Coliform, Fecal MF, M-FC Broth,44.5C 04/09/2014 400 #/100ml 1,550 #1100ml Daily Maximum Exceeded Remedial actions, if not already implemented, should be taken to correct any problem. Since the comments section on the reverse of the relevant DMR provided an adequate explanation for the subject violation, it is not requested that a response be submitted. The Division of Water Resources may pursue enforcement action for this and any additional violations of State law. If you should have any questions, please do not hesitate to contact Janet Cantwell or me at 828/296-4500. Sincerely, G. Landon Davidson, P.G., Regional Supervisor Water Quality Regional Operations, NCDENR Asheville Regional Office cc li'Q_Ash ville-Files _ MSC 1617-Central Files -Basement RPB Systems Inc./ ORC i?iVR;ti!?;i:!iNenderson�t^:aste.;a;eriiV;inor Bi3cksmi'h Run 880_5-C?NOV-=Oid-W-C..._ doc Water Quality Regional Operations —Asheville Regional Office 2090 U.S. Highway 70, Swannanoa, North Carolina 28778 Phone: (828) 296-4500 FAX: (828) 299-7043 Internet: hUp://portai.ncdenr.org/web/wq An Equal Opportunity/ Affirmative Action Employer ppppppp, ar 2011 -`` i I MAR- 5 2012 System Performance Wastewater Treatm General Information e Facility/System Name: Blacksmith Run Responsible Entity: Vista Developers e Person in Charge: Ed Nunez e Telephone Number: (828) 698-2400 uan�r, - PPO T I ' S yam, �" r i� I air f y�' � J ,n et5 A� FEB 2 9 2012 D`E'NR-V'v7',?ER CIUA IY e Contract Operator in Responsible Charge: RPB Systems Inc. -Richard Swilling e Telephone Number: (828) 251-1900 e Applicable Permit: NPDESiM.C.C10.8.6,r5 Expires 10/31/2015 e Description of Treatment System: The Blacksmith Run wastewater treatment system is a 0.089 MGD wastewater treatment plant with an influent pump station, bar screen, flow equalization, dual aeration basins, two secondary clarifiers, sludge holding, UV disinfection, post aeration tank and flow meter. This facility is located at the Blacksmith Run WVVTP, 3635 Chimney Rock Road, Hendersonville, NC. The ultraviolet treated effluent discharges into Lewis Creek, part of the French Broad River Basin which is classified as C-Trout waters. Performance e Summary of System Performance for 2011: This facility is well maintained and in good operational condition. Records are being maintained as required by their NPDES permit. The treatment facility experienced no overflows or spills during 2011. Page 1 of 3 ppppppp- • • January 2011-Compliant • February 2011-Compliant • March 2011-Compliant • April 2011 -Compliant • May 2011-Compliant • June 2011-Compliant • July 2011-Compliant • August 2011-Compliant • September 2011-Compliant • October 2011-Compliant • November 2011-Compliant • December 2011-Compliant • Listed below are monthly Discharge Monitoring Report parameters as reported to the Division of Water Quality in 2011. Flow BOD TSS NH3N Fecal Jan 0.005 4.0 11.3 2.4 2.0 Feb 0.003 4.8 16.4 2.5 2.0 Mar 0.005 3.0 8.0 0.4 13.0 April 0.003 4.3 5.2 0.1 3.0 May 0.002 5.2 6.5 0.4 2.0 June 0.002 3.3 5.3 0.1 1.0 July 0.003 2.9 4.1 0.1 173.0 Aug0.003 2.2 12.4 0.1 31.0 Set 0.003 2.4 21.4 0.3 2.0 Oct 0.007 5.3 26.7 1.3 1.0 Nov 0.006 2.9 6.8 0.5 1.0 Dec 0.010 2.7 1 19.0 0.1 2.0 10/35 mg/I Summer 25/35 0.089 i 3^0/45 30;45 mg/I 200/400 Permit Limits MGD I m /I m /I Winter I coil! 00 ml Page 2 of 3 ppppppp, Corrective Actions: No corrective actions were required during 2011. • Environmental Impact: No environmental impact was observed from this treatment facility during 2011. III. Notification All homeowners at Blacksmith Run will be mailed a copy of this report. IV. Certification I certify under penalty of law that this report is accurate and complete to the best of my knowledge. I further certify that this report has been made available to the users or customers of this system and that those users have been, notified of its availability. I am aware that there are significant penalties for submitting false information. Signature 2 to z Date Page 3 of 3 2010 System Performance Annual Report Wastewater Treatment Facility General Information Facility/System Name: Blacksmith Run Responsible Entity: Vista Developers • Person in Charge: Ed Nunez Telephone Number: (828) 698-2400 • Contract Operator in Responsible Charge: RPB Systems,.Inc.-Richard Swilling • Telephone Number: (828) 251-1900 • Applicable Permit: NPDES NCO088056 Expires 10/31/2015 • Description of Treatment System: :PI The Blacksmith Run wastewater treatment system is a 0.089 MGD wastewater treatment plant with an influent pump station, bar screen, flow equalization, dual aeration basins, two secondary clarifiers, sludge holding, UV disinfection, post aeration tank and flow meter. This facility is located at the Blacksmith Run WWTP, 3635 Chimney Rock Road, Hendersonville, NC. The ultraviolet treated effluent discharges into Lewis Creek, part of the French Broad River Basin which is classified as C-Trout waters. II. Performance Summary of System Performance for 2010: This facility is well maintained and in good operational condition. Records are being maintained as required by their NPDES permit. The treatment facility experienced no overflows or spills du FEB z 5 2%11 Page 1 of 3 PV - 2010 Monthly Compliance Summary • January 2010-Compliant • February 2010-Compliant • March 2010-Compliant • April 2010-Compliant • May 2010-Compliant • June 2010-Compliant • July 2010-Compliant • August 2010-Compliant • September 2010-Compliant • October 2010-Compliant • November 2010-Compliant • December 2010-Compliant • Listed below are monthly Discharge Monitoring Report parameters as reported to the Division of Water Quality in 2010. Flow BOD TSS NH3N Fecal Jan No Flow Feb 0.008 2.0 5.0 0.30 1.0 Mar 0.006 2.2 5.0 0.34 1.0 April 0.008 3.1 12.6 0.12 1.0 May 0.008 8.1 22.3 0.19 1.0 June 0.006 6.6 17.0 0.3 1.0 July 0.003 2.7 10.0 0.7 1.0 Aug0.004 2.8 11.8 0.14 2.0 Set 0.003 2.1 7.4 0.26 3.0 Oct 0.003 2.9 5.4 0.25 1.0 Nov 0.002 6.8 5.5 0.8 1.0 Dec 0.003 2.3 9.2 0.7 1.0 10/35 mg/I Summer 25/35 0.089 30/45 30/45 mg/I 200/400 Permit Limits MGD m /I m /I Winter COO 00 ml Page 2 of 3 Pr Corrective Actions: No corrective actions were required during 2010. • Environmental Impact: No environmental impact was observed from this treatment facility during 2010. III. Notification All homeowners at Blacksmith Run will be mailed a copy of this report. IV. Certification I certify under penalty of law that this report is accurate and complete to the best of my knowledge. I further certify that this report has been made available to the users or customers of this system and that those users have been notified of its availability. I am aware that there are significant penalties for submitting false information. Signature 7- 2. 1 10 Date Page 3 of 3 Facilitv information NPDES permit #: NC0088056 Henderson County Facility name: Vista Developers, LLC — Blacksmith Run WWTP WWTP class: II WWTP type: 0.089 MGD extended aeration package plant consisting of: 22,500 gallon flow equalization basin with duplex 2 HP pumps (34 gpm) with dual high water alarms and bar screen; dual 50,720 gallon aeration basins with 7.5 HP triplex blowers (172 scfm each) providing diffused air; dual 144 sq ft clarifiers with skimmers and sludge returns; 13,629 gallon aerobic digestor with a 5 HP blower; UV disinfection unit with 2 banks of lamps (3 lamps per bank); 2000 gallon post aeration tank; 90 degree v-notch weir; Isco 4230 bubbler flow meter; Isco composite sampler and 125 KW Generac Power Systems propane emergency generator. Annual Average Flow: Collection System: 10 homes (< 12 connections). Influent pump station with duplex 5.5 HP pumps (rated at 380 gpm) and American On -site Controls autodialer. Development: Residential development (no clubhouse) consisting of 82.1 acres (two parcels: 47.5 acres & 34.6 acres) for 187 proposed single family residential homes (based on 120 gpd/bedroom). WWTP location: Responsible official: Responsible "'s title: Official's location: Mailing address: Phone numbers 828-698-2400 828-698-8801 828-251-1900 828-251-1945 828-273-0452 Edneyville, NC Ed Nunez Chief Operating Officer 525 North Main Street; Hendersonville, NC 28792 525 North Main Street; Hendersonville, NC 28792 Ed Nunez " - fax RPB Systems — Bob Barr - Contractor ORC " — fax PO Box 1325; Asheville, NC 28802 Rick Swilling - cell Operator Information ORC & grade: Back-up ORC: Delegation: Permit information Date issued: Expiration date: Stream information Stream & river basin: Sub -basin: Quad: Stream classification: Instream Waste Conc.: Average steamflow: Summer cfs: Winter cfs: Richard Swilling - Grade II — Cert #985285 Robert P. Barr — Grade III — Cert # 8928 Signatory authority delegated to RPB Systems, Inc. on 2-26-2010. 11-1-2005 10-31-2010 Lewis Creek; French Broad River Basin 04-03-02 Bat Cave, NC C-Trout Other information Directions: Located on the left, off of Chimney Rock Road (US Hwy 64 East) in Edneyville, east of Hendersonville. D NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins �� ` n-6 reeman Governor DirectorSecretary w September 20, 2010 Mr. Ed Nunez Vista Developers, LLC F` �;MI �i OCT - 5 2010 525 N Main St Hendersonville N.C. 28792 :, LI i Y sl��-n 0iI �,r,,IL=FiC� /',`:�r"IL°_F f c IGt. r nl-_IC;�� Subject: Issuance of;NPDES;Permit-NC0088056. . Blacks;,un Henderson County Dear Mr. Nunez: Division personnel have reviewed and approved your application for renewal of the subject permit. Accordingly, we are forwarding the attached NPDES discharge permit. This permit is issued pursuant to the requirements of North Carolina General Statute 143-215.1 and the Memorandum of Agreement between North Carolina and the U.S. Environmental Protection Agency dated October 15, 2007 (or as subsequently amended). This final permit includes no significant changes from the draft permit sent to you on August 4, 2010. Please note that Lewis Creek is listed as an impaired waterbody on the North Carolina 303(d) Impaired Waters List. Addressing impaired waters is a high priority for the Division, and instream data will continue to be evaluated. If there is noncompliance with your effluent limits, or if stream impairment can be attributed to your facility's discharge, mitigative measures may be required. 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. This permit is not transferable except after notice to the Division. The Division may require modification or revocation and reissuance of the permit if facility ownership changes. . 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 7a7One 512 North Salisbury Street, Raleigh, North Carolina 27604 1y olthCarolina Phone: 919 807-63001 FAX 919 807-6495 / http://portal.ncdenr.org/web/wq Naturally An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper L This permit does not affect the legal requirements to obtain other permits which may be required by the Division of Water Quality or permits required by the Division of Land Resources, the Coastal Area Management Act or any other Federal or Local governmental permit that may be required. If you have any questions concerning this permit, please contact Charles Weaver at telephone number (919) 807-6391. Sincerely, Coleen H. Sullins cc: Central Files Ds eA:;j egional�lJffice/Surface_'°W-aYe-r-l'rotection NPDES Unit Permit NCO088056 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY PERMIT TO DISCHARGE WASTEWATER UNDER THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM In compliance with the provision of North Carolina General Statute 143-215.1, other lawful standards and regulations promulgated and adopted by the North Carolina Environmental Management Commission, and the Federal Water Pollution Control Act, as amended, Vista Developers, LLC is hereby authorized to discharge wastewater from a facility located at the Blacksmith Run WWTP Chimney Rock Rd, near Edneyville Henderson County to receiving waters designated Lewis Creek in subbasin 04-03-02 of the French Broad River Basin in accordance with effluent limitations, monitoring requirements, and other conditions set forth in Parts I, II, III, and IV hereof. The permit shall become effective A VP-11 ter � Z010 This permit and the authorization to discharge shall expire at midnight on October 31, 2015. Signed this day 0 P vviccu ii. uuiiiiio, Luc-ws Division of Water Quality By Authority of the Environmental Management Commission Permit NCO088056 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. Vista Developers, LLC is hereby authorized to: 1. Continue to operate a 0.089 MGD wastewater treatment that includes the following components: ➢ Influent pump station with duplex 5.5-hp pumps rated at 380 GPM Bar screen ➢ 22,500-gallon flow equalization basin with duplex pumps (2-hp each/34 GPM) ➢ Dual -path 50,720-gallon aeration basins -with triplex blowers (172 SUM each) providing diffused air ➢ Two 144-ft2 clarifiers with sludge return ➢ 13,629-gallon aerobic sludge digester with a 5-hp blower ➢ LTV disinfection with 6 bulb racks ➢ 2000- gallon- post aeration tank ➢ V-notch weir with continuous flow measurement ➢ 125-kW standby generator This facility is located at the Blacksmith Run WWTP, off Chimney Rock Rd near Edneyville in Henderson County. 2. Discharge from said treatment works into Lewis Creek, currently classified C-Trout waters in hydrologic unit 06010105 of the French Broad River Basin, at the location specified on the attached map. , Permit.NC0088056. A. (1) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS Beginning upon the effective date of this permit and lasting until permit 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 fit LIMITS MONITORING REQUIREMENTS [PCS `CODE] 1Vlontlily' Darly Measurement Sample, Sample is r Avers ° e 1VIa'ximum ' ' ' "Fre uenc ,Location Flow 0.089 MGD Continuous Recording Influent or Effluent 50050 BOD, 5-day, 20°C 30.0 mg/L 45.0 mg/L Weekly Composite Effluent .[C03101 NH3 as N'(summer) 10.0.mg/L 35.0 mg/L Weekly Composite Effluent C0610 NH3 as N (winter) 25.0 mg/L 35.0 mg/L Weekly Composite Effluent C0610 Total Suspended Solids 30.0 mg/L 45.0 mg/L Weekly Grab Effluent C0530 Fecal Coliform (geometric mean) 200 / 100 ml 400 / 100 ml Weekly Grab Effluent 31616 Total Residual Chlorine2 28 pg/L Weekly Grab Effluent 50060 Temperature (°C) Weekly Grab Effluent [00010] pH 00400 > 6.0 and < 9.0 standard units — — Weekly Grab Effluent Total Nitrogen (NO2+NO3+TKN) Semi-annual Composite Effluent C0600 Total Phosphorus Semi-annual Composite Effluent C0665 Notes: 1. Total Residual Chlorine limit and monitoring requirements apply only if chlorine is used for disinfection. The Permittee shall report all effluent TRC values reported by a ,NC -certified laboratory [including field -certified]. Effluent values below 50 .µg/L will be treated as zero for compliance purposes. - There shall be no discharge of floating solids or visible foam in other than trace amounts. ^rl it It r A 1 V1 I Ile, 4! Y '00, Mlk: to "lull '006�1 r 10 Discharge location j! P 211, l r "RIDO'E t El N' rx'II& 11 I 111IN, R.QA Qt" 11"R C 37 0 14 !�'2 2 8 ;,jk -4: "A Blacksmith Run WVVTP - NCO088056 Facility Location 111"ilidi W11{ � ll�'. I Map-, not to -scale- Henderson County Ni'DES Permit Standard Conditions Page 1 of 18 PART II STANDARD CONDITIONS FOR NPDES PERMITS Section A. Definitions 2/Month Samples are collected twice per month with at least ten calendar days between sampling events. These samples shall be representative of the wastewater discharged during the sample period. 3/Week Samples are collected three times per week on three separate calendar days. These samples shall be representative of the wastewater discharged during the sample period. Act or "the Act" The Federal Water Pollution Control Act, also known as the Clean Water Act (CWA), as amended, 33 USC 1251, et. seq. Annual Average The arithmetic mean of all "daily discharges" of a pollutant measured during the calendar year. In the case of fecal coliform, the geometric mean of such discharges. Arithmetic Mean The summation of the individual values divided by the number of individual values. B ass The known diversion of waste streams from any portion of a treatment facility including the collection system, which is not a designed or established or operating mode for the facility. Calendar Dav The period from midnight of one day until midnight of the next day. However, for purposes of this permit, any consecutive 24-hour period that reasonably represents the calendar day may be used for sampling. Calendar Week The period from Sunday through the following Saturday. Calendar Quarter One of the following distinct periods: January through March, April through June, July through September, and October through December. Composite Sample A sample collected over a 24-hour period by continuous sampling or combining grab samples of at least 100 ml in such a manner as to result in a total sample representative of the wastewater discharge during the sample period. The Director may designate the most appropriate method (specific number and size of aliquots necessary, the time interval between grab samples, etc.) on a case -by -case basis. Samples may be collected manually or automatically. Composite samples may be obtained by the following methods: (1) Continuous: a single, continuous sample collected over a 24-hour period proportional to the rate of flow. (2) Constant time/variable volume: a series of grab samples collected at equal time intervals over a 24 hour period of discharge and combined proportional to the rate of flow measured at the time of individual sample collection, or (3) Variable time/constant volume: a series of grab samples of equal volume collected over a 24 hour period -with the time intervals between samples determined by a preset number of gallons passing the sampling point. Flow measurement between sample intervals shall be determined by use of a flow recorder and Version 712009 iNPDES Permit Standard Conditions Page 2 of 18 totalizer, and the preset gallon interval between sample collection fixed at no greater than 1/24 of the expected total daily flow at the treatment system, or (4) Constant time/constant volume: a series of grab samples of equal volume collected over a 24-hour period at a constant time interval. Use of this method requires prior approval by the Director. This method may only be used in situations where effluent flow rates vary less than 15 percent. The following restrictions also apply: ➢ Influent and effluent grab samples shall be of equal size and of no less than 100 milliliters ➢ Influent samples shall not be collected more than once per hour. ➢ Permittees with wastewater treatment systems whose detention time < 24 hours shall collect effluent grab samples at intervals of no greater than 20 minutes apart during any 24-hour period. ➢ Permittees with wastewater treatment systems whose detention time exceeds 24 hours shall collect effluent grab samples at least every six hours; there must be a minimum of four samples during a 24-hour sampling period. Continuous flow measurement Flow monitoring that occurs without interruption throughout the operating hours of the facility. Flow shall be monitored continually except for the infrequent times when there may be no flow or for infrequent maintenance activities on the flow device. Daily Discharge The discharge of a pollutant measured during a calendar day or any 24-hour period that reasonably represents the calendar day for purposes of sampling. For pollutants measured in units of mass, the "daily discharge" is calculated as the total mass of the pollutant discharged over the day. The "daily discharge" concentration comprises the mean concentration for a 24-hour sampling period as either a composite sample concentration or the arithmetic mean of all grab samples collected during that period. (40 CFR 122.2) Daily Maximum The highest "daily discharge" during the calendar month. Dailmphg Parameters requiring daily sampling shall be sampled 5 out of every 7 days per week unless otherwise specified in the permit. Sampling shall be conducted on weekdays except where holidays or other disruptions of normal operations prevent weekday sampling. If sampling is required for all seven days of the week for any permit parameter(s), that requirement will be so noted on the Effluent Limitations and Monitoring Page(s). DWQ or "the Division" The Division of Water Quality, Department of Environment and Natural Resources. EMC The North Carolina Environmental Management Commission. EPA The United States Environmental Protection Agency Facility Closure Cessation of all activities that require coverage under this NPDES permit. Completion of facility closure will allow this permit to be rescinded. Geometric Mean The Nth root of the product of the individual values where N = the number of individual values. For purposes of calculating the geometric mean, values of "0" (or "< [detection level]' shall be considered = 1. Version 712009 NPDES Permit Standard Conditions Page 3 of 18 Grab Sample Individual samples of at least 100 ml collected over a period of time not exceeding 15 minutes. Grab samples can be collected manually. Grab samples must be representative of the discharge (or the receiving stream, for instream samples). Hazardous Substance Any substance designated under 40 CFR Part 116 pursuant to Section 311 of the CWA. Instantaneous flow measurement A measure of flow taken at the time of sampling, when both the sample and flow will be representative of the total discharge. Monthly Average (concentration limitl The arithmetic mean of all "daily discharges" of a pollutant measured during the calendar month. In the case of fecal coliform, the geometric mean of such discharges. Permit Issuing Authority The Director of the Division of Water Quality. Quarterly Average (concentration limitl The average of all samples taken over a calendar quarter. Severe properly damage Substantial physical damage to property, damage to the treatment facilities which causes them to become inoperable, or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass. Severe property damage excludes economic loss caused by delays in production. Toxic Pollutant: Any pollutant listed as toxic under Section 307(a)(1) of the CWA. Upset An incident beyond the reasonable control of the Permittee causing unintentional and temporary noncompliance with permit effluent limitations and/or monitoring requirements. An upset does not include noncompliance caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance, or careless or improper operation. Weekly Average (concentration limit) The arithmetic mean of all "daily discharges" of a pollutant measured during the calendar week. In the case of fecal coliform, the geometric mean of such discharges. Section B. General Conditions 1. Duty to Comply The Permittee must comply with all conditions of this permit. Any permit noncompliance constitutes a violation of the CWA and is grounds for enforcement action; for permit termination, revocation and reissuance, or modification; or denial of a permit renewal application [40 CFR 122.41]. a. The Permittee shall comply with effluent standards or prohibitions established under section 307(a) of the CWA for toxic pollutants and with standards for sewage sludge use or disposal established under section 405(d) of the CWA within the time provided in the regulations that establish these standards or prohibitions or standards for sewage sludge use or disposal, even if the permit has not yet been modified to incorporate the requirement. Version 712009 iNPDES Permit Standard Conditions Page 4 of 18 b. The CWA provides that any person who violates section[s] 301, 302, 306, 307, 308, 318 or 405 of the Act, or any permit condition or limitation implementing any such sections in a permit issued under section 402, or any requirement imposed in a pretreatment program approved under sections 402 (a) (3) or 402 (b) (8) of the Act, is subject to a civil penalty not to exceed $37,500 per day for each violation. [33 USC 1319 (d) and 40 CFR 122.41 (a) (2)] c. The CWA provides that any person who negligently violates sections 301, 302, 306, 307, 308, 318, or 405 of the Act, or any condition or limitation implementing any of such sections in a permit issued under section 402 of the Act, or any requirement imposed in a pretreatment program approved under section 402(a)(3) or 402(b)(8) of the Act, is subject to criminal penalties of $2,500 to $25,000 per day of violation, or imprisonment of not more than 1 year, or both. In the case of a second or subsequent conviction for a negligent violation, a person shall be subject to criminal penalties of not more than $50,000 per day of violation, or by imprisonment of not more than 2 years, or both. [33 USC 1319 (c) (1) and 40 CFR 122.41 (a) (2)] d. Any person who knoivin,gly violates such sections, or such conditions or limitations is subject to criminal penalties of $5,000 to $50,000 per day of violation, or imprisonment for not more than 3 years, or both. In the case of a second or subsequent conviction for a knowing violation, a person shall be subject to criminal penalties of not more than $100,000 per day of violation, or imprisonment of not. more than 6 years, or both. [33 USC 1319 (c) (2) and 40 CFR 122.41 (a) (2)] e. Any person who knowingly violates section 301, 302, 303, 306, 307, 308, 318 or 405 of the Act, or any permit condition or limitation implementing any of such sections in a permit issued under section 402 of the Act, and who knows at that time that he thereby places another person in imminent danger of death or serious bodily injury, shall, upon conviction, be subject to a fine of not more than $250,000 or imprisonment of not more than 15 years, or both. In the case of a second or subsequent conviction for a knowing endangerment violation, a person shall be subject to a fine of not more than $500,000 or by imprisonment of not more than 30 years, or both. An organization, as defined in section 309(c)(3)(B)(iii) of the CWA, shall, upon conviction of violating the imminent danger provision, be subject to a fine of not more than $1,000,000 and can be fined up to $2,000,000 for second or subsequent convictions. [40 CFR 122.41 (a) (2)] f. Under state law, a civil penalty of not more than $25,000 per violation may be assessed against any person who violates or fails to act in accordance with the terms, conditions, or requirements of a permit. [North Carolina General Statutes § 143-215.6A] g. Any person may be assessed an administrative penalty by the Administrator for violating section 301, 302, 306, 307, 308, 318 or 405 of this Act, or any permit condition or limitation implementing any of such sections in a permit issued under section 402 of this Act. Administrative penalties for Class I violations are not to exceed $16,000 per violation, with the maximum amount of any Class I penalty assessed not to exceed $37,500. Penalties for Class II violations are not to exceed $16,000 per day for each day during which the violation continues, with the maximum amount of any Class II penalty not to exceed $177,500. [33 USC 1219 (g) (2) and 40 CFR 122.41 (a) (3)] 2. Duty to Mitigate The Permittee shall take all reasonable steps to minimize or prevent any discharge or sludge use or disposal in violation of this permit with a reasonable likelihood of adversely affecting human health or the environment [40 CFR 122.41 (d)]. 3. Civil and Criminal Liability Except as provided in permit conditions on "Bypassing" (Part II. C. 4), "Upsets" (Part II. C. 5) and "Power Failures" (Part II. C. 7), nothing in this permit shall be construed to relieve the Permittee from any responsibilities, liabilities, or penalties for noncompliance pursuant to NCGS 143-215.3, 143-215.6 or Section 309 Version 712009 iNPDES Permit Standard Conditions Page 5 of 18 of the Federal Act, 33 USC 1319. Furthermore, the Permittee is responsible for consequential damages, such as fish kills, even though the responsibility for effective compliance may be temporarily suspended. 4. Oil and Hazardous Substance Liability Nothing in this permit shall be construed to preclude the institution of any legal action or relieve the Permittee from any responsibilities, liabilities, or penalties to which the Permittee is or may be subject to under NCGS 143- 215.75 et seq. or Section 311 of the Federal Act, 33 USG 1321. Furthermore, the Permittee is responsible for consequential damages, such as fish kills, even though the responsibility for effective compliance may be temporarily suspended. 5. Property Rights The issuance of this permit does not convey any property rights in either real or personal property, or any exclusive privileges, nor does it authorize any injury to private property or any invasion of personal rights, nor any infringement of Federal, State or local laws or regulations [40 CFR 122.41 6. Onshore or Offshore Construction This permit does not authorize or approve the construction of any onshore or offshore physical structures or facilities or the undertaking of any work in any navigable waters. 7. Severability The provisions of this permit are severable. If any provision of this permit, or the application of any provision of this permit to any circumstances, is held invalid, the application of such provision to other circumstances, and the remainder of this permit, shall not be affected thereby [NCGS 15013-23]. 8. Duty to Provide Information The Permittee shall furnish to the Permit Issuing Authority, within a reasonable time, any information which the Permit Issuing Authority may request to determine whether cause exists for modifying, revoking and reissuing, or terminating this permit or to determine compliance with this permit. The Permittee shall also furnish to the Permit Issuing Authority upon request, copies of records required by this permit [40 CFR 122.41 (h)]. 9. Duty to Reapply If the Permittee wishes to continue an activity regulated by this permit after the expiration date of this permit, the Permittee must apply for and obtain a new permit [40 CFR 122.41 (b)]. 10. Expiration of Permit The Permittee is not authorized to discharge after the expiration date. In order to receive automatic authorization to discharge beyond the expiration date, the Permittee shall submit such information, forms, and fees as are required by the agency authorized to issue permits no later than 180 days prior to the expiration date. Any Permittee that has not requested renewal at least 180 days prior to expiration, or any Permittee that does not have a permit after the expiration and has not requested renewal at least 180 days prior to expiration, will subject the Permittee to enforcement procedures as provided in NCGS 143-215.6 and 33 USC 1251 et. seq. 11. Signatory Requirements All applications, reports, or information submitted to the Permit Issuing Authority shall be signed and certified [40 CFR 122.41 (k)]. a. All permit applications shall be signed as follows: (1) For a corporation: by a responsible corporate officer. For the purpose of this Section, a responsible corporate officer means: (a) a president, secretary, treasurer or vice president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision making functions for the corporation, or (b) the manager of one or more manufacturing, production, or operating facilities, provided, the manager is authorized to make management decisions which govern the operation of the regulated facility including having the explicit or implicit duty of making major capital investment recommendations, and initiating and directing other comprehensive measures to assure long Version 712009 �•,MES Permit Standard Conditions Page 6of18 term environmental compliance with environmental laws and regulations; the manager can ensure that the necessary systems are established or actions taken to gather complete and accurate information for permit application requirements; and where authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures . (2) For a partnership or sole proprietorship: by a general partner or the proprietor, respectively; or (3) For a municipality, State, Federal, or other public agency: by either a principal executive officer or ranking elected official [40 CFR 122.22]. b. All reports required by the permit and other information requested by the Permit Issuing Authority shall be signed by a person described in paragraph a. above or by a duly authorized representative of that person. A person is a duly authorized representative only if: 1. The authorization is made in writing by a person described above; 2. The authorization specified either an individual or a position having responsibility for the overall operation of the regulated facility or activity, such as the position of plant manager, operator of a well or well field, superintendent, a position of equivalent responsibility, or an individual or position having overall responsibility for environmental matters for the company. (A duly authorized representative may thus be either a named individual or any individual occupying a named position.); and 3. The written authorization is submitted to the Permit Issuing Authority [40 CFR 122.221 C. Changes to authorization: If an authorization under paragraph (b) of this section is no longer accurate because a different individual or position has responsibility for the overall operation of the facility, a new authorization satisfying the requirements of paragraph (b) of this section must be submitted to the Director prior to or together with any reports, information, or applications to be signed by an authorized representative [40 CFR 122.22] d. Certification. Any person signing a document under paragraphs a. or b. of this section shall make the following certification [40 CFR 122.22]. NO OTHER STATEMENTS OF CERTIFICATION WILL BE ACCEPTED: "I certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for knowing violations. " 12. Permit Actions This permit may be modified, revoked and reissued, or terminated for cause. The filing of a request by the Permittee for a permit modification, revocation and reissuance, or termination, or a notification of planned changes or anticipated noncompliance does not stay any permit condition [40 CFR 122.41 (0]. 13. Permit Modification, Revocation and Reissuance, or Termination The issuance of this permit does not prohibit the permit issuing authority from reopening and modifying the permit, revoking and reissuing the permit, or terminating the permit as allowed by the laws, rules, and regulations contained in Tide 40, Code of Federal Regulations, Parts 122 and 123; Title 15A of the North Carolina Administrative Code, Subchapter 2H.0100; and North Carolina General Statute 143-215.1 et. al. 14. Annual Administering and Compliance Monitoring Fee Requirements The Permittee must pay the annual administering and compliance monitoring fee within thirty days after being billed by the Division. Failure to pay the fee in a timely manner in accordance with 15A NCAC 2H.0105 (b) (2) may cause this Division to initiate action to revoke the permit. Version 712009 im?DES Permit Standard Conditions Page 7 of 18 Section C. Operation and Maintenance of Pollution Controls Certified Operator Upon classification of the permitted facility by the Certification Commission, the Permittee shall employ a certified water pollution control treatment system operator in responsible charge (ORC) of the water pollution control treatment system. Such operator must hold a certification of the grade equivalent to or greater than the classification assigned to the water pollution control treatment system by the Certification Commission. The Permittee must also employ one or more certified Back-up ORCs who possess a currently valid certificate of the type of the system. Back-up ORCs must possess a grade equal to (or no more than one grade less than) the grade of the system [15A NCAC 8G.0201]. The ORC of each Class I facility must: ➢ Visit the facility as often as is necessary to insure proper operation of the treatment system; the treatment facility must be visited at least weekly ➢ Comply with all other conditions of 15A NCAC 8G.0204. The ORC of each Class II, III and IV facility must: ➢ Visit the facility as often as is necessary to insure proper operation of the treatment system; the treatment facility must be visited at least five days per week, excluding holidays ➢ Properly manage and document daily operation and maintenance of the facility ➢ Comply with all other conditions of 15A NCAC 8G.0204. Once the facility is classified, the Permittee shall submit a letter to the Certification Commission designating the operator in responsible charge: a. Within 60 calendar days prior to wastewater being introduced into a new system b. Within 120 calendar days of: ➢ Receiving notification of a change in the classification of the system requiring the designation of a new ORC and back-up ORC ➢ A vacancy in the position of ORC or back-up ORC. 2. Proper and Maintenance The Permittee shall at all times provide the operation and maintenance resources necessary to operate the existing facilities at optimum efficiency. The Permittee shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) which are installed or used by the Permittee to achieve compliance with the conditions of this permit. Proper operation and maintenance also includes adequate laboratory controls and appropriate quality assurance procedures. This provision requires the Permittee to install and operate backup or auxiliary facilities only when necessary to achieve compliance with the conditions of the permit [40 CFR 122.41 (e)]. NOTE: Properly and officially designated operators are fully responsible for all proper operation and maintenance of the facility, and all documentation required thereof, whether acting as a contract operator [subcontractor] or a member of the Permittee's staff. 3. Need to Halt or Reduce riot 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)] Version 712009 INPDES Permit Standard Conditions Page 8 of 18 The Permittee may allow any bypass to occur which does not cause effluent limitations to be exceeded, but only if it also is for essential maintenance to assure efficient operation. These bypasses are not subject to the provisions of Paragraphs b. and c. of this section. b. Notice [40 CFR 122.41 (m) (3)] (1) Anticipated bypass. If the Permittee knows in advance of the need for a bypass, it shall submit prior notice, if possible at least ten days before the date of the bypass; including an evaluation of the anticipated quality and effect of the bypass. (2) Unanticipated bypass. The Permittee shall submit notice of an unanticipated bypass as required in Part II. E. 6. (24-hour notice). c. Prohibition of Bypass (1) Bypass from the treatment facility is prohibited and the Permit Issuing Authority may take enforcement action against a Permittee for bypass, unless: (A) Bypass was unavoidable to prevent loss of life, personal injury or severe property damage; (B) There were no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities, retention of untreated wastes or maintenance during normal periods of equipment downtime. This condition is not satisfied if adequate backup equipment should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventive maintenance; and (C) The Permittee submitted notices as required under Paragraph b. of this section. (2) Bypass from the collection system is prohibited and the Permit Issuing Authority may take enforcement action against a Permittee for a bypass as provided in any current or future system -wide collection system permit associated with the treatment facility. (3) The Permit Issuing Authority may approve an anticipated bypass, after considering its adverse effects, if the Permit Issuing Authority determines that it will meet the three conditions listed above in Paragraph c. (1) of this section. 5. U sets a. Effect of an upset [40 CFR 122.41 (n) (2)]: An upset constitutes an affirmative defense to an action brought for noncompliance with such technology based permit effluent limitations if the requirements of paragraph b. of this condition are met. No determination made during administrative review of claims that noncompliance was caused by upset, and before an action for noncompliance, is final administrative action subject to judicial review. b. Conditions necessary for a demonstration of upset: Any Permittee who wishes to establish the affirmative defense of upset shall demonstrate, through properly signed, contemporaneous operating logs, or other relevant evidence that: (1) An upset occurred and that the Permittee can identify the cause(s) of the upset; (2) The Permittee facility was at the time being properly operated; and (3) The Permittee submitted notice of the upset as required in Part II. E. 6. (b) of this permit. (4) The Permittee complied with any remedial measures required under Part II. B. 2. of this permit. c. Burden of proof [40 CFR 122.41 (n) (4)]: The Permittee seeking to establish the occurrence of an upset has the burden of proof in any enforcement proceeding. 6. Removed Substances Solids, sludges, filter backwash, or other pollutants removed in the course of treatment or control of wastewaters shall be utilized/disposed of in accordance with NCGS 143-215.1 and in a manner such as to prevent any pollutant from such materials from entering waters of the State or navigable waters of the United States. The Permittee shall comply with all existing Federal regulations governing the disposal of sewage sludge. Upon promulgation of 40 CFR Part 503, any permit issued by the Permit Issuing Authority for the utilization/disposal of sludge may be Version 712009 N VDES Permit Standard Conditions Page 9 of 18 reopened and modified, or revoked and reissued, to incorporate applicable requirements at 40 CFR 503. The Permittee shall comply with applicable 40 CFR 503 Standards for the Use and Disposal of Sewage Sludge (when promulgated) within the time provided in the regulation, even if the permit is not modified to incorporate the requirement. The Permittee shall notify the Permit Issuing Authority of any significant change in its sludge use or disposal practices. 7. Power Failures The Permittee is responsible for maintaining adequate safeguards (as required by 15A NCAC 2H.0124) to prevent the discharge of untreated or inadequately treated wastes during electrical power failures either by means of alternate power sources, standby generators or retention of inadequately treated effluent. Section D. Monitoring and Records Representative Sampling Samples collected and measurements taken, as required herein, shall be characteristic of the volume and nature of the permitted discharge. Samples collected at a frequency less than daily shall be taken on a day and time that is characteristic of the discharge over the entire period the sample represents. All samples shall be taken at the monitoring points specified in this permit and, unless otherwise specified, before the effluent joins or is diluted by any other wastestream, body of water, or substance. Monitoring points shall not be changed without notification to and the approval of the Permit Issuing Authority [40 CFR 122.41 (j)]. 2. Reporting Monitoring results obtained during the previous month(s) shall be summarized for each month and reported on a monthly Discharge Monitoring Report (DMR) Form (MR 1, 1.1, 2, 3) or alternative forms approved by the Director, postmarked no later than the last calendar day of the month following the completed reporting period. The first DMR is due on the last day of the month following the issuance of the permit or in the case of a new facility, on the last day of the month following the commencement of discharge. Duplicate signed copies of these, and all other reports required herein, shall be submitted to the following address: NC DENR / Division of Water Quality / Water Quality Section ATTENTION: Central Files 1617 Mail Service Center Raleigh, North Carolina 27699-1617 3. Flow Measurements Appropriate flow measurement devices and methods consistent with accepted scientific practices shall be selected and used to ensure the accuracy and reliability of measurements of the volume of monitored discharges. The devices shall be installed, calibrated and maintained to ensure that the accuracy of the measurements is consistent with the accepted capability of that type of device. Devices selected shall be capable of measuring flows with a maximum deviation of less than 10% from the true discharge rates throughout the range of expected discharge volumes. Flow measurement devices shall be accurately calibrated at a minimum of once per year and maintained to ensure that the accuracy of the measurements is consistent with the accepted capability of that type of device. The Director shall approve the flow measurement device and monitoring location prior to installation. Once -through condenser cooling water flow monitored by pump logs, or pump hour meters as specified in Part I of this permit and based on the manufacturer's pump curves shall not be subject to this requirement. 4. Test Procedures Laboratories used for sample analysis must be certified by the Division. Permittees should contact the Division's Laboratory Certification Section (919 733-3908 or http://h2o.enr.state.nc.us/lab/cert.htni) for information regarding laboratory certifications. Version 712009 iN PDES Permit Standard Conditions Page 10 of 18 Personnel conducting testing of field -certified parameters must hold the appropriate field parameter certifications. Test procedures for the analysis of pollutants shall conform to the EMC regulations (published pursuant to NCGS 143-215.63 et. seq.), the Water and Air Quality Reporting Acts, and to regulations published pursuant to Section 304(g), 33 USC 1314, of the CWA (as amended), and 40 CFR 136; or in the case of sludge use or disposal, approved under 40 CFR 136, unless otherwise specified in 40 CFR 503, unless other test procedures have been specified in this permit [40 CFR 122.41]. To meet the intent of the monitoring required by this permit, all test procedures must produce minimum detection and reporting levels that are below the permit discharge requirements and all data generated must be reported down to the minimum detection or lower reporting level of the procedure. If no approved methods are determined capable of achieving minimum detection and reporting levels below permit discharge requirements, then the most sensitive (method with the lowest possible detection and reporting level) approved method must be used. Penalties for Tampering The CWA provides that any person who falsifies, tampers with, or knowingly renders inaccurate, any monitoring device or method required to be maintained under this permit shall, upon conviction, be punished by a fine of not more than $10,000 per violation, or by imprisonment for not more than two years per violation, or by both. If a conviction of a person is for a violation committed after a first conviction of such person under this paragraph, punishment is a fine of not more than $20,000 per day of violation, or by imprisonment of not more than 4 years, or both [40 CFR 122.41]. 6. Records Retention Except for records of monitoring information required by this permit related to the Permittee's sewage sludge use and disposal activities, which shall be retained for a period of at least five years (or longer as required by 40 CFR 503), the Permittee shall retain records of all monitoring information, including ➢ all calibration and maintenance records ➢ all original strip chart recordings for continuous monitoring instrumentation ➢ copies of all reports required by this permit ➢ copies of all data used to complete the application for this permit These records or copies shall be maintained for a period of at least 3 years from the date of the sample, measurement, report or application. This period may be extended by request of the Director at any time [40 CFR 122.41]. 7. Recording Results For each measurement or sample taken pursuant to the requirements of this permit, the Permittee shall record the following information [40 CFR 122.41]: a. The date, exact place, and time of sampling or measurements; b. The individual(s) who performed the sampling or measurements; c. The date(s) analyses were performed; d. The individual(s) who performed the analyses; e. The analytical techniques or methods used; and f. The results of such analyses. 8. Inspection and Entry The Permittee shall allow the Director, or an authorized representative (including an authorized contractor acting as a representative of the Director), upon the presentation of credentials and other documents as may be required by law, to; a. Enter upon the Permittee's premises where a regulated facility or activity is located or conducted, or where records must be kept under the conditions of this permit; Version 712009 ivPDES Permit Standard Conditions Page 11 of 18 b. Have access to and copy, at reasonable times, any records that must be kept under the conditions of this permit; c. Inspect at reasonable times any facilities, equipment (including monitoring and control equipment), practices, or operations regulated or required under this permit; and d. Sample or monitor at reasonable times, for the purposes of assuring permit compliance or as otherwise authorized by the CWA, any substances or parameters at any location [40 CFR 122.41 (i)]. Section E Reporting Requirements 1. Change in Discharge All discharges authorized herein shall be consistent with the terms and conditions of this permit. The discharge of any pollutant identified in this permit more frequently than or at a level in excess of that authorized shall constitute a violation of the permit. 2. Planned Changes The Permittee shall give notice to the Director as soon as possible of any planned physical alterations or additions to the permitted facility [40 CFR 122.41 (1)]. Notice is required only when: a. The alteration or addition to a permitted facility may meet one of the criteria for new sources at 40 CFR 122.29 (b); or b. The alteration or addition could significantly change the nature or increase the quantity of pollutants discharged. This notification applies to pollutants subject neither to effluent limitations in the permit, nor to notification requirements under 40 CFR 122.42 (a) (1). c. The alteration or addition results in a significant change in the Permittee's sludge use or disposal practices, and such alteration, addition or change may justify the application of permit conditions that are different from or absent in the existing permit, including notification of additional use or disposal sites not reported during the permit application process or not reported pursuant to an approved land application plan. 3. Anticipated Noncompliance The Permittee shall give advance notice to the Director of any planned changes to the permitted facility or other activities that might result in noncompliance with the permit [40 CFR 122.41 (l) (2)]. 4. Transfers This permit is not transferable to any person without approval from the Director. The Director may require modification or revocation and reissuance of the permit to document the change of ownership. Any such action may incorporate other requirements as may be necessary under the CWA [40 CFR 122.41 (1) (3)]. 5. Monitoring_ Reports Monitoring results shall be reported at the intervals specified elsewhere in this permit [40 CFR 122.410) (4)]. a. Monitoring results must be reported on a Discharge Monitoring Report (DMR) (See Part II. D. 2) or forms provided by the Director for reporting results of monitoring of sludge use or disposal practices. b. If the Permittee monitors any pollutant more frequently than required by this permit, the results of such monitoring shall be included in the calculation and reporting of the data submitted on the DMR. 6. Twenty-four Hour Reporting a. The Permittee shall report to the Director or the appropriate Regional Office any noncompliance that potentially threatens public health or the environment. Any information shall be provided orally within 24 hours from the time the Permittee became aware of the circumstances. A written submission shall also be provided within 5 days of the time the Permittee becomes aware of the circumstances. The written submission shall contain a description of the noncompliance, and its cause; the period of noncompliance, including exact dates and times, and if the noncompliance has not been corrected, the anticipated time it is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance [40 CFR 122.41 (1) (6)]. Version 712009 iNPDES Permit Standard Conditions Page 12 of 18 b. The Director may waive the written report on a case -by -case basis for reports under this section if the oral report has been received within 24 hours. c. Occurrences outside normal business hours may also be reported to the Division's Emergency Response personnel at (800) 662-7956, (800) 858-0368 or (919) 733-3300. 7. Other Noncompliance The Permittee shall report all instances of noncompliance not reported under Part II. E. 5 and 6. of this permit at the time monitoring reports are submitted. The reports shall contain the information listed in Part II. E. 6. of this permit [40 CFR 122.41 (1) (7)]. 8. Other Information Where the Permittee becomes aware that it failed to submit any relevant facts in a permit application, or submitted incorrect information in a permit application or in any report to the Director, it shall promptly submit such facts or information [40 CFR 122.41 (1) (8)]. Noncompliance Notification The Permittee shall report by telephone to either the central office or the appropriate regional office of the Division as soon as possible, but in no case more than 24 hours or on the next working day following the occurrence or first knowledge of the occurrence of any of the following: a. Any occurrence at the water pollution control facility which results in the discharge of significant amounts of wastes which are abnormal in quantity or characteristic, such as the dumping of the contents of a sludge digester; the known passage of a slug of hazardous substance through the facility; or any other unusual circumstances. b. Any process unit failure, due to known or unknown reasons, that render the facility incapable of adequate wastewater treatment such as mechanical or electrical failures of pumps, aerators, compressors, etc. c. Any failure of a pumping station, sewer line, or treatment facility resulting in a by-pass without treatment of all or any portion of the influent to such station or facility. Persons reporting such occurrences by telephone shall also file a written report within 5 days following first knowledge of the occurrence. 10. Availability of Reports Except for data determined to be confidential under NCGS 143-215.3 (a)(2) or Section 308 of the Federal Act, 33 USC 1318, all reports prepared in accordance with the terms shall be available for public inspection at the offices of the Division. As required by the Act, effluent data shall not be considered confidential. Knowingly making any false statement on any such report may result in the imposition of criminal penalties as provided for in NCGS 143-215.1(b)(2) or in Section 309 of the Federal Act. 11. Penalties for Falsification of Reports The CWA provides that any person who knowingly makes any false statement, representation, or certification in any record or other document submitted or required to be maintained under this permit, including monitoring reports or reports of compliance or noncompliance shall, upon conviction, be punished by a fine of not more than $25,000 per violation, or by imprisonment for not more than two years per violation, or by both [40 CFR 122.41]. 12. Annual Performance Reports Permittees who own or operate facilities that collect or treat municipal or domestic waste shall provide an annual report to the Permit Issuing Authority and to the users/customers served by the Permittee (NCGS 143-215.1C). The report shall summarize the performance of the collection or treatment system, as well as the extent to which the facility was compliant with applicable Federal or State laws, regulations and rules pertaining to water quality. Version 712009 NPDES Permit Standard Conditions Page 13 of 18 The report shall be provided no later than sixty days after the end of the calendar or fiscal year, depending upon which annual period is used for evaluation. The report shall be sent to: NC DENR / DWQ / Central Files 1617 Mail Service Center Raleigh, NC 27699-1617 PART III OTHER REQUIREMENTS Section A. Construction The Permittee shall not commence construction of wastewater treatment facilities, nor add to the plant's treatment capacity, nor change the treatment process(es) utilized at the treatment plant unless the Division has issued an Authorization to Construct (AtC) permit. Issuance of an AtC will not occur until Final Plans and Specifications for the proposed construction have been submitted by the Permittee and approved by the Division. Section B. Groundwater Monitoring The Permittee shall, upon written notice from the Director, conduct groundwater monitoring as may be required to determine the compliance of this NPDES permitted facility with the current groundwater standards. Section C. Changes in Discharges of Toxic Substances The Permittee shall notify the Permit Issuing Authority as soon as it knows or has reason to believe (40 CFR 122.42): a. That any activity has occurred or will occur which would result in the discharge, on a routine or frequent basis, of any toxic pollutant which is not limited in the permit, if that discharge will exceed the highest of the following "notification levels"; (1) One hundred micrograms per liter (100 µg/L); (2) Two hundred micrograms per liter (200 µg/L) for acrolein and acrylonitrile; five hundred micrograms per liter (500 µg/L) for 2.4-dinitrophenol and for 2-methyl-4.6-dinitrophenol; and one milligram per liter 0 mg/L) for antimony; (3) Five times the maximum concentration value reported for that pollutant in the permit application. b. That any activity has occurred or will occur which would result in any discharge, on a non -routine or infrequent basis, of a toxic pollutant which is not limited in the permit, if that discharge will exceed the highest of the following "notification levels"; (1) Five hundred micrograms per liter (500 µg/L); (2) One milligram per liter (1 mg/L) for antimony; (3) Ten times the maximum concentration value reported for that pollutant in the permit application. Section D. Evaluation of Wastewater Discharge Alternatives The Permittee shall evaluate all wastewater disposal alternatives and pursue the most environmentally sound alternative of the reasonably cost effective alternatives. If the facility is in substantial non-compliance with the terms and conditions of the NPDES permit or governing rules, regulations or laws, the Permittee shall submit a report in such form and detail as required by the Division evaluating these alternatives and a plan of action within 60 days of notification by the Division. Section E. Facility Closure Requirements The Permittee must notify the Division at least 90 days prior to the closure of any wastewater treatment system covered by this permit. The Division may require specific measures during deactivation of the system to prevent Version 712009 ivi'DES Permit Standard Conditions Page 14 of 18 adverse impacts to waters of the State. This permit cannot be rescinded while any activities requiring this permit continue at the permitted facility. PART IV SPECIAL CONDITIONS FOR MUNICIPAL FACILITIES Section A. Definitions In addition to the definitions in Part II of this permit, the following definitions apply to municipal facilities: Indirect Discharge or Industrial User Any non -domestic source that discharges wastewater containing pollutants into a POTW regulated under section 307(b), (c) or (d) of the CWA. [40 CFR 403.3 (b) (i) and (j)] Interference Inhibition or disruption of the POTW treatment processes; operations; or its sludge process, use, or disposal which causes or contributes to a violation of any requirement of the POTWs NPDES Permit or prevents sewage sludge use or disposal in compliance with specified applicable State and Federal statutes, regulations, or permits. [15A NCAC 2H.0903 (b) (13)] PassThrough A discharge which exits the POTW into waters of the State in quantities or concentrations which, alone or with discharges from other sources, causes a violation, including an increase in,the magnitude or duration of a violation, of the POTWs NPDES permit, or of an instream water quality standard. [15A NCAC 21-1.0903 (b) (23)] Publicly Owned Treatment Works (POT)&) A treatment works as defined by Section 212 of the CWA, owned by a State or local government entity. This definition includes any devices and systems used in the storage, treatment, recycling and reclamation of municipal sewage or industrial wastes of a liquid nature. It also includes sewers, pipes, and other conveyances only if they convey wastewater to a POTW. The term also means the local government entity, or municipality, as defined in section 502(4) of the CWA, which has jurisdiction over indirect discharges to and the discharges from such a treatment works. [15A NCAC 2H.0903 (b) (27)] "Significant Industrial User" or "SIU" An industrial user that discharges wastewater into a publicly owned treatment works and that [15A NCAC 2H.0903 (b) (34)]: (a) discharges an average of 25,000 gallons or more per day of process wastewater to the POTW (excluding sanitary, noncontact cooling and boiler blowdown wastewaters) or; (b) contributes more than 5 percent of the design flow of the POTW treatment plant or more than 5 percent of the maximum allowable headworks loading of the POTW treatment plant for any pollutant of concern, or; (c) is required to meet a national categorical pretreatment standard, or; (d) is, regardless of Parts (a), (b), and (c) of this definition, otherwise determined by the POTW, the Division, or the EPA to have a reasonable potential for adversely affecting the POTWs operation or for violating any pretreatment standard or requirement or POTWs receiving stream standard, or to limit the POTWs sludge disposal options. Section B. Publicly Owned Treatment Works (POTWs) All POTWs are required to prevent the introduction of pollutants into the POTW which will interfere with the operation of the POTW, including interference with its use or disposal of municipal sludge, or pass through the treatment works or otherwise be incompatible with such treatment works. [40 CFR 403.2] All POTWs must provide adequate notice to the Director of the following [40 CFR 122.42 (b)]: Version 712009 N PDES Permit Standard Conditions Page 15 of 18 1. Any new introduction of pollutants into the POTW from an indirect discharger, including pump and hauled waste, which would be subject to section 301 or 306 of CWA if it were directly discharging those pollutants; and 2. Any substantial change in the volume or character of pollutants being introduced by an indirect discharger as influent to that POTW at the time of issuance of the permit. 3. For purposes of this paragraph, adequate notice shall include information on (1) the quality and quantity of effluent introduced into the POTW, and (2) any anticipated impact that may result from the change of the quantity or quality of effluent to be discharged from the POTW. Section C. Municipal Control of Pollutants from Industrial Users. 1. Effluent limitations are listed in Part I of this permit. Other pollutants attributable to inputs from industries using the municipal system may be present in the Permittee's discharge. At such time as sufficient information becomes available to establish limitations for such pollutants, this permit may be revised to specify effluent limitations for any or all of such other pollutants in accordance with best practicable technology or water quality standards. 2. Prohibited Discharges a. Under no circumstances shall the Permittee allow introduction of pollutants or discharges into the waste treatment system or waste collection system which cause or contribute to Pass Through or Interference as defined in 15A NCAC 2H.0900 and 40 CFR 403. [40 CFR 403.5 (a) (1)] b. Under no circumstances shall the Permittee allow introduction of the following wastes in the waste treatment or waste collection system [40 CFR 403.5 (b)]: 1. Pollutants which create a fire or explosion hazard in the POTW, including, but not limited to, wastestreams with a closed cup flashpoint of less than 140 degrees Fahrenheit or 60. degrees Centigrade using the test methods specified in 40 CFR 261.21; 2. Pollutants which cause corrosive structural damage to the POTW, but in no case discharges with pH lower than 5.0, unless the works is specifically designed to accommodate such discharges; 3. Solid or viscous pollutants in amounts which cause obstruction to the flow in the POTW resulting in Interference; 4. Any pollutant, including oxygen demanding pollutants (BOD, etc.) released in a Discharge at a flow rate and/or pollutant concentration which will cause Interference with the POTW; 5. Heat in amounts which will may inhibit biological activity in the POTW resulting in Interference, but in no case heat in such quantities that the temperature at the POTW Treatment Plant exceeds 40°C (104°F) unless the Division, upon request of the POTW, approves alternate temperature limits; 6. Petroleum oil, nonbiodegradable cutting oil, or products of mineral oil origin in amounts that will cause interference or pass through; 7. Pollutants which result in the presence of toxic gases, vapors, or fumes within the POTW in a quantity that may cause acute worker health and safety problems; 8. Any trucked or hauled pollutants, except at discharge points designated by the POTW. C. The Permittee shall investigate the source of all discharges into the WWI?, 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 WWT'P. The Permittee shall report such discharges into the WVVT'P 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 Version 712009 ivPDES Permit Standard Conditions Page 16 of 18 and times; and if the discharge has not ceased, the anticipated time it is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance, 3. With regard to the effluent requirements listed in Part I of this permit, it may be necessary for the Permittee to supplement the requirements of the Federal Pretreatment Standards (40 CFR, Part 403) to ensure compliance by the Permittee with all applicable effluent limitations. Such actions by the Permittee may be necessary regarding some or all of the industries discharging to the municipal system. 4. The Permittee shall require any industrial discharger sending its effluent to the permitted system to meet Federal Pretreatment Standards promulgated in response to Section 307(b) of the Act as amended (which includes categorical standards and locally derived limits and narrative requirements). Prior to accepting wastewater from any significant industrial user, the Permittee shall either develop and submit to the Division a new Pretreatment Program or a modification of an existing Pretreatment Program, for approval as required under section D below as well as 15A NCAC 2H.0907 (a) and (b). [40 CFR 122.44 0) (2)] 5. This permit shall be modified, or alternatively, revoked and reissued, to incorporate or modify an approved POTW Pretreatment Program or to include a compliance schedule for the development of a POTW Pretreatment Program as required under Section 402 (b) (8) of the CWA and implementing regulations or by the requirements of the approved State pretreatment program, as appropriate. Section D. Pretreatment Programs Under authority of sections 307 (b) and (c) and 402 (b) (8) of the CWA and implementing regulations 40 CFR 403, North Carolina General Statute 143-215.3 (14) and implementing regulations 15A NCAC 2H.0900, and in accordance with the approved pretreatment program, all provisions and regulations contained and referenced in the Pretreatment Program Submittal are an enforceable part of this permit. [40 CFR 122.44 0) (2)] The Permittee shall operate its approved pretreatment program in accordance with Section 402 (b) (8) of the CWA, 40 CFR 403, 15A NCAC 2H.0900, and the legal authorities, policies, procedures, and financial provisions contained in its pretreatment program submission and Division approved modifications thereof. Such operation shall include but is not limited to the implementation of the following conditions and requirements. Terms not defined in Part II or Part IV of this permit are as defined in 15A NCAC 2H.0903 and 40 CFR 403.3. Sewer Use Ordinance (SUO) The Permittee shall maintain adequate legal authority to implement its approved pretreatment program. [15A NCAC 2H.0905 and .0906; 40 CFR 403.8 (f (1) and 403.9 (1), (2)] 2. Industrial Waste Survey(ITS) The permittee shall implement an IWS consisting of the survey of users of the POTW, as required by 40 CFR 403.8 (0 (2) (i-iii) and 15A NCAC 2H.0905 [also 40 CFR 122.44 0) (1)], including identification of all industrial users and the character and amount of pollutants contributed to the POTW by these industrial users and identification of those industrial users meeting the definition of SIU. The Permittee shall submit a summary of its IWS activities to the Division at least once every five years, and as required by the Division. The IWS submission shall include a summary of any investigations conducted under paragraph B, 2, c, of this Part. 3. Monitoring Plan The Permittee shall implement a Division -approved Monitoring Plan for the collection of facility specific data to be used in a wastewater treatment plant Headworks Analysis (HWA) for the development of specific pretreatment local limits. Effluent data from the Plan shall be reported on the DMRs (as required by Part II, Section D, and Section E.5.). [15A NCAC 2H.0906 (b) (2) and .0905] 4. Headworks Analysis a2 A) 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 Version 712009 DES Permit Standard Conditions Page 17 of 18 Permittee shall submit to the Division a written technical evaluation of the need to revise local limits (i.e., an updated HWA or documentation of why one is not needed) [40 CFR 122.44]. The Permittee shall develop, in accordance with 40 CFR 403.5 (c) and 15A NCAC 2H.0909, specific Local Limits to implement the prohibitions listed in 40 CFR 403.5 (a) and (b) and 15A NCAC 2H.0909. 5. Industrial User Pretreatment Permits aM & Allocation Tables In accordance with NCGS 143-215.1, the Permittee shall issue to all significant industrial users, permits for operation of pretreatment equipment and discharge to the Permittee's treatment works. These permits shall contain limitations, sampling protocols, reporting requirements, appropriate standard and special conditions, and compliance schedules as necessary for the installation of treatment and control technologies to assure that their wastewater discharge will meet all applicable pretreatment standards and requirements. The Permittee shall maintain a current Allocation Table (AT) which summarizes the results of the. HWA and the limits from all IUPs. Permitted IUP loadings for each parameter cannot exceed the treatment capacity of the POTW as determined by the HWA. [15A NCAC 2H.0909, .0916, and .0917; 40 CFR 403.5, 403.8 (0 (1) (iil); NCGS 143- 215.67 (a)] 6. Authorization to Construct (AtQ The Permittee shall ensure that an Authorization to Construct permit (AtC) is issued to all applicable industrial users for the construction or modification of any pretreatment facility. Prior to theissuance of an AtC, the proposed pretreatment facility and treatment process must be evaluated for its capacity to comply with all Industrial User Pretreatment Permit (IUP) limitations. [15A NCAC 2H.0906 (b) (6) and .0905; NCGS 143- 215.1 (a) (8)] 7. POTW Inspection & Monitoring of their IUs The Permttee shall conduct inspection, surveillance, and monitoring activities as described in its Division approved pretreatment program in order to determine, independent of information supplied by industrial users, compliance with applicable pretreatment standards. [15A NCAC 2H .0908(d); 40 CFR 403.8(0(2)(v)]. The Permittee must: a. Inspect all Significant Industrial Users (SIUs) at least once per calendar year; and b. Sample all Significant Industrial Users (SIUs) at least twice per calendar year for all permit -limited pollutants, once during the period from January 1 through June 30 and once during the period from July 1 through December 31, except for organic compounds which shall be sampled at least once per calendar year; For the purposes of this paragraph, "organic compounds" means the types of compounds listed in 40 CFR 136.3(a), Tables IC, ID, and IF, as amended. 8. IU Self Monitoring and Reporting The Permittee shall require all industrial users to comply with the applicable monitoring and reporting requirements outlined in the Division -approved pretreatment program, the industry's pretreatment permit, or in 15A NCAC 2H .0908. [15A NCAC 2H .0906(b)(4) and .0905; 40 CFR 403.8(0(1)(v) and (2)(1); 40 CFR 122.440)(2)] 9. Enforcement Response Plan (ERP) The Permittee shall enforce and obtain appropriate remedies for violations of all pretreatment standards promulgated pursuant to section 307(b) and (c) of the Clean Water Act (40 CFR 405 et. seq.), prohibitive discharge standards as set forth in 40 CFR 403.5 and 15A NCAC 2H .0909, and specific local limitations. All enforcement actions shall be consistent with the Enforcement Response Plan (ERP) approved by the Division. [15A NCAC 2H .0906(b)(7) and .0905; 40 CFR 4038(�(5)] 10. Pretreatment Annual Reports (PART The Permittee shall report to the Division in accordance with 15A NCAC 2H .0908. In lieu of submitting annual reports, Modified Pretreatment Programs developed under 15A NCAC 2H .0904 (b) may be required to submit a partial annual report or to meet with Division personnel periodically to discuss enforcement of pretreatment requirements and other pretreatment implementation issues. Version 712009 'DES Permit Standard Conditions Page 18 of 18 For all other active pretreatment programs, the Permittee shall submit two copies of a Pretreatment Annual Report (PAR) describing its pretreatment activities over the previous twelve months to the Division at the following address: NC DENR / DWQ / Pretreatment, Emergency Response, and Collection Systems Unit (PERCS) 1617 Mail Service Center Raleigh, NC 27699-1617 These reports shall be submitted according to a schedule established by the Director and shall contain the following. a.) Narrative A brief discussion of reasons for, status of, and actions taken for all Industrial Users (IUs) in Significant Non -Compliance (SNC); b.) Pretreatment Program Summary(PPS) A pretreatment program summary (PPS) on specific forms approved by the Division; c.) Significant Non -Compliance Report SNCR) The nature of the violations and the actions taken or proposed to correct the violations on specific forms approved by the Division; d.) Industrial Data Summary Forms (IDSF). Monitoring data from samples collected by both the POTW and the Significant Industrial User (SIU) and any monitoring data for other Industrial Users (IUs) in SNC. These analytical results must be reported on Industrial Data Summary Forms (IDSF) or other specific format approved by the Division; e.). Other Information Copies of the POTW's allocation table, new or modified enforcement compliance schedules,. public riotice of IUs in SNC; and any other information, upon request, which in the opinion of the Director is needed to determine compliance with the pretreatment implementation requirements of this permit; 11. Public Notice The Permittee shall publish annually a list of Industrial Users (IUs) that were in Significant Non -Compliance (SNC) as defined in the Permittee's Division -approved Sewer Use Ordinance with applicable pretreatment requirements and standards during the previous twelve month period. This list shall be published within four months of the applicable twelve-month period. [15A NCAC 2H .0903(b)(35)..0908(b)(5) and .0905 and 40 CFR 403.8(0(2) (vii)] 12. Record Keeping The Permittee shall retain for a minimum of three years records of monitoring activities and results, along with support information including general records, water quality records, and records of industrial impact on the POTW. [15A NCAC 2H .0908(f); 40 CFR 403.12(o)] 13. Funding and Financial Report The Permittee shall maintain adequate funding and staffing levels to accomplish the objectives of its approved pretreatment program. [15A NCAC 2H .0906(a) and .0905; 40 CFR 403.8(f)(3), 403.9(b)(3)] 14. Modification to Pretreatment Programs Modifications to the approved pretreatment program including but not limited to local limits modifications, POTW monitoring of their Significant Industrial Users (SIUs), and Monitoring Plan modifications, shall be considered a permit modification and shall be governed by 15 NCAC 211.0114 and 15A NCAC 2H .0907. Version 712009 & WAT�c� 0 QG 7 Michael F. Easley, Governor State of North Carolina William G. Ross, Jr., Secretary Department of Environment and Natural Resources O � Alan W. Klimek, P.E., Director Division of Water Quality October 14, 2005 Mr. Ed Nunez Vista Developers, LLC 525 North Main Street Hendersonville, North Carolina 28792. Subject: Issuance of NPDES Permit NCO088056 Blacksmith Run W'WTP Henderson County Dear Mr. Nunez: Division personnel have reviewed and approved your application for renewal of the subject permit. Accordingly, we are forwarding the attached NPDES discharge permit. This permit is issued pursuant to the requirements of North Carolina General Statute 143-215.1 and the Memorandum of Agreement between North Carolina and the U.S. Environmental Protection Agency dated May 9,1994 (or as subsequently amended). This final permit contains no significant changes from the draft you were sent on July 20, 2005. If any parts, measurement frequencies or sampling requirements contained in this permit are unacceptable to you, you have the right to an adjudicatory hearing upon written request within thirty (30) days following receipt of this letter. This request must be in the form of a written petition, conforming to Chapter 150B of the North Carolina General Statutes, and filed with the Office of Administrative Hearings (6714 Mail Service Center, Raleigh, North Carolina 27699-6714). Unless such demand is made, this decision shall be final and binding. Please note that this permit is not transferable except after notice to the Division. The Division may require modification or revocation and reissuance of the permit. This permit does not affect the legal requirements to obtain other permits which may be required by the Division of Water Quality or permits required by the Division of Land Resources, the Coastal Area Management Act or any other Federal or Local governmental permit that may be required. If you have any questions concerning this permit, please contact Toya Fields at telephone---n -- -_—al —' number (919) 733-5083, extension 551. Sincerely, OCT 2 7 2005 I . Pit- Alan W. Klimek, P.E! v; � r q c,uAL;TY sFc II ASIi 'TILLS PE iCl\U-.L C' _"IG cc: Central Files heville R gional'Offic%S irface-Water Protection NPDES Unit 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Telephone (919) 733-7015 FAX (919) 733-0719 IV6�thCarol 512 N.-Salisbury Street, Raleigh, North Carolina 27604 On the Internet at http://h2o.enr.state.nc.us/ atunall A- C-. nA..C. C...nl... • Permit NCO088056 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY PERMIT TO DISCHARGE WASTEWATER UNDER THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM In compliance with the provision of North Carolina General Statute 143-215.1, other lawful standards and regulations promulgated and adopted by the North Carolina Environmental Management Commission, and the Federal Water Pollution Control Act, as amended, Vista Developers, LLC is hereby authorized to discharge wastewater from a facility located at Blacksmith Run WWTP Edneyville Henderson County to receiving waters designated Lewis Creek in the French Broad River Basin in accordance with effluent limitations, monitoring requirements, and other conditions set forth in Parts I, II, III, and IV hereof. The permit shall become effective November 1, 2005. This permit and the authorization to discharge shall expire at midnight on October 31, 2010. Signed this day October 14, 2005. Ju�'P� ii''LAlan W. Klimek, P.E. , Director Division of Water Quality By Authority of the Environmental Management Commission Permit NCO088056 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. Vista Developers, LLC. is hereby authorized to: 1. After receiving an ATC from the Construction Grants and Loans Section, operate a 0.089 MGD wastewater treatment facility located at the Blacksmith Run WWTP, 525 North Main Street, Hendersonville, Henderson County. 2. Discharge from said treatment works (via Outfall 001) into Lewis Creek, a Class C-Tr water in the French Broad River Basin, at the location specified on the attached map. 0 0 N, F) f IV ".RAT 744 0 NC;v 1P. Uk­l d, I.J �,. �A I U.),, Ad N c? i '6 0 N Cj Ln 01 # Err p:- 5-0: ti 4S Discharge location j v A _z asir n e t 11 4, S. %`,`,t„T, re. 4' � r! G.t �, 1 ''" c, i � 4 �..f b � l:' �.:*�"" ;2, .,k, R, lk t. �{: 7, -i, 4� 'z,fl I'D AQ L . . - V"'N 6 �a Ad 4 `.6 *0 6.1 5 fr —928, 6 D;2� n iv. v z Blacksmith ''RuWM P Facility b ocation USGS Quad N.I.rhe LaL. 35 2Y2V 'e"ivi'nlk"'S'tr'i'�,�'km-.-LeW-'is'C're6k ke�c' Long .;82 1'51"... .S reani Subbis`�: Fi6nditAki N6 orth N t to SCALt;` ;­040 a in� 3 02,: • Permit NCO088056 SECTION A(1). EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS Beginning upon receipt of an Engineers Certification and lasting until permit expiration, the Permittee is authorized to discharge treated wastewater from Outfall 001.. Such discharges shall be limited and monitored by the Pemuttee as specified below: EFFLUENT r LIMITS MONITORING REQUIREMENTS ;CHARACTERISTICS ` k sMonthly y Di1y 11�teasurement° Sample Sample k Aera aNii Max%mum is Fre.4 uen T eV Lacahonl , .� .. , r... Flow 0.089 MGD Continuous Recording I or E BOD, 5-day, 200C 30.0 mg/L 45.0 mg/L Weekly Composite E NH3 as N (summer) 10.0 mg/L 35.0 mg/L Weekly Composite E NH3 as N (winter) 25.0 mg/L 35.0 mg/L Weekly Composite E Total Suspended Solids 30.0 mg/L 45.0 mg/L Weekly Grab E Fecal Coliform 200 / 100 ml 400 / 100 ml Weekly Grab E mean) -(geometric Total Residual Chlorine2 28 µg/L Weekly Grab E Temperature CC) Weekly Grab E PH Between 6.0 and 9.0 s.u. Weekly Grab E Total Nitrogen Semi-annual Composite E (NO2+NO3+TKN) Total Phosphorus Semi-annual Composite E Notes: 1. Sample locations: E- Effluent, I- Influent 2. TRC limit only applies if chlorine is used for disinfection. There shall be no discharge of floating solids or visible foam in other than trace amounts. Frazier, Wanda From: Sent: To: Cc: Subject: Attachments: Importance: Jeff and Bob, Frazier, Wanda Monday, August 09, 2010 3.43 PM Poupart, Jeff; Weaver, Charles; 'Bob Guerra' Edwards, Roger FW: DRAFT permit renewal for NCO088O56 (Blacksmith Run WWTP) 88O56_map.ppt; 88056 draft.doc; 88056 Expedited Fact Sheet.doc; 88056_box2010.doc; 88056 a cover page 2O1O.doc; NCOO88O56 6-9-09.10df; NCOO88O56 9-29-08.pdf; NCO088O56 8-1-O7.pdf; NCO088O56 10-12-O6.pdf; NCO08607O 11-14-O6.pdf; NCOO86070 3-11-O9.pdf; 86070 a cover page 2O10.doc High I talked to Charles and Roger about the renewals for Blacksmith Run (NC0088056) and Western Justice Academy (NC0086070). Blacksmith Run is located within 0.5 mile upstream of the Western Justice Academy. They both discharge into Lewis Creek (C-Trout). Both permits are up for renewal. The Justice Academy sent you a letter (dated July 9, 210), requesting the following changes: 1. Increase current BOD limits: From: Summer 5.0 mo ave and 7.5 weekly ave To: Summer 30 mo ave and 45 daily ave From: Winter 10 mo ave and 15 weekly ave To: Winter 30 mo ave and 45 daily ave (Which is 30/45 year round.) 2. Increase ammonia nitrogen limits: From: Summer 2.0 mo ave and 6 weekly ave To: 10 mo ave and 35 daily ave 1 From: Winter 4 mo ave and 12 weekly ave To: 25 mo ave and 35 daily ave 3. Eliminate the upstream and downstream monitoring requirements for: fecal coliform dissolved oxygen (and I would also include: temperature) These requested changes for the Justice Academy would reflect the current requirements for Blacksmith Run. A copy of both limit pages were sent with the Justice Academy's letter. Since both of these facilities discharge into Lewis Creek within half a mile of each other, we would like to see permits limits for both facilities be more balanced. The ARO is requesting that the Justice Academy's limits be relaxed and Blacksmith Run's limits stay the same. I spoke with Soil and Water staff regarding current agricultural practices in the area. Based on our discussions, we don't feel that the same irrigation practices are being used now, compared to those that were used in 1998 (when the permit was originally issued). This is due to farms becoming GAP (good agricultural practices) certified, so that their produce can be sold to local grocery stores under the USDA guidelines. Most produce farmers are no longer using surface water for irrigation, they are using groundwater or other protected sources. In light of these recent developments, the ARO feels that the proposed limit changes are justified for the Justice Academy. Charles recommended sending this info to you and Bob, since Bob is handling the renewal of the Justice Academy. Charles, Attached are the last 4 inspections for Blacksmith Run, as well as, the current facility cover page info. I would suggest changing the following From: 1. Continue to operate a 0.089 MGD wastewater treatment that includes the following components: ➢ Influent pump station ➢ Bar screen ➢ Flow equalization ➢ Dual aeration basins ➢ Two secondary clarifiers ➢ Sludge holding ➢ UV disinfection ➢ Post aeration tank ➢ Flow meter This facility is located at the Blacksmith Run WWTP, off Chimney Rock Road, near Edneyville in Henderson County. 2 In 1. Continue to operate a 0.089 MGD wastewater treatment that includes the following components: ➢ influent pump station with duplex 5.5 HP pumps rated at 380 gpm; ➢ 22,500 gallon flow equalization basin with duplex 2 HP pumps (34 gpm); ➢ bar screen; ➢ dual path 50,720 gallon aeration basins with 7.5 HP triplex blowers (172 scfm each) providing diffused air; ➢ 144 sq ft clarifiers with sludge returns; ➢ 13,629 gallon aerobic digestor with a 5 HP blower; ➢ UV disinfection with 6 bulb racks for duplicity; ➢ 2000 gallon post aeration tank; ➢ V-notch weir with continuous flow measurement; and ➢ 125 KW standby emergency generator. This facility is located at the Blacksmith Run WWTP, off of Chimney Rock Road, near Edneyville in Henderson County. Bob. Attached are the last 2 inspections for the Justice Academy, as well as, the current facility cover page info. I would suggest the following: 1. Continue to operate a 0.030 MGD extended aeration wastewater treatment that includes the following components: ➢ 7,300 gallon flow equalization basin with bar screen, pumps and inlet flow control splitter box; ➢ 53,000 gallon (total) dual aeration basins with dual blowers providing a minimum of 250 scfm ➢ diffused air (with largest blower out of service); ➢ dual clarifiers (64 sq ft each and 2,430 gallons each) with sludge return; ➢ pre -filter tablet chlorinator; ➢ dual multi -media (sand & anthracite) tertiary filters (with a minimum of 10 sq ft each); ➢ 3,124 gallon clearwell, mudwell and mudwell pumps; ➢ post aeration with audible and visual alarms; ➢ continuous recording flow meter; ➢ tablet chlorinator; ➢ 625 gallon chlorine contact chamber; ➢ tablet dechlorinator; ➢ composite sampler; ➢ 5,000 gallon aerobic digestor; and ➢ effluent pump station. This facility is located at the Western Justice Academy WWTP, at 3973 Chimney Rock Road, near Edneyville in Henderson County. 3 Please feel free to contact me anytime with questions or comments. Thanks, Wanda Wanda Frazier Email: Wanda.Frazier@ncdenr.gov North Carolina Department of Environment and Natural Resources Asheville Regional Office Division of Water Quality Surface Water Protection Section 2090 US 70 Highway Swannanoa, NC 28778 Switchboard: 828-296-4500 x 4662 Direct line: 828-296-4662 Fax: 828-299-7043 Notice: E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and therefore may be disclosed to third parties. From: Weaver, Charles Sent: Friday, July 30, 2010 10:03 AM To: Frazier, Wanda; Pugh, James L. Subject: DRAFT permit renewal for NC0088056 (Blacksmith Run WWTP) Importance: High This is a class WW-2 facility in Henderson County. Please send me any comments by August 20tn Thanks, CHW 51 dAr- - FACT SHEET FOR EXPEDITED PERMIT RENEWALS This form must be completed by Permit Writers for all expedited permits which do not require full 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 — 7/28/2010 Permit Number NC0088056 Facility Name Blacksmith Run WWTP Basin Name/Sub-basin number French Broad / 04-03-02 Receiving Stream Lewis Creek Stream Classification in Permit C Does permit need Daily Max NH3 limits? No — already resent 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 Any obvious compliance concerns? No Any permit mods since lastpermit? None New expiration date 10/31/2015 Comments received on Draft Permit? Most Commonly Used Expedited Language: • 303(d) lanmee 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 langualze 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 below 50 µg/l will be treated as zero for compliance purposes." Permit NCO088056 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY M01.1ulMI TO DISCHARGE WASTEWATER UNDER THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM In compliance with the provision of North Carolina General Statute 143-215.1, other lawful standards and regulations promulgated and adopted by the North Carolina Environmental Management Commission, and the Federal Water Pollution Control Act, as amended, Vista Developers, LLC is hereby authorized to discharge wastewater from a facility located at the Blacksmith Run WWTP off U.S. Hwy 64 E, near Edneyville Henderson County to receiving waters designated Lewis Creek in subbasin 04-03-02 of the French Broad River Basin in accordance with effluent limitations, monitoring requirements, and other conditions set forth in Parts I, II, III, and IV hereof. The permit shall become effective This permit and the authorization to discharge shall expire at midnight on October 31, 2015. Signed.this day Coleen H. Sullins, Director Division of Water Quality By Authority of the Environmental Management Commission Permit NCO088056 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. Vista Developers, LLC is hereby authorized to: 1. Continue to operate a 0.089 MGD wastewater treatment that includes the following components: ➢ Influent pump station ➢ Bar screen ➢ Flow equalization ➢ Dual aeration basins ➢ Two secondary clarifiers ➢ Sludge holding ➢ UV disinfection ➢ Post aeration tank ➢ Flow meter This facility is located at the Blacksmith Run WWTP, off U.S. Highway 64 East near Edneyville in Henderson County. 2. Discharge from said treatment works into Lewis Creek, currently classified C-Trout waters in hydrologic unit 06010105 of the French Broad River Basin, at the location specified on the attached map. djy Permit NCO088056 A. (1) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS Beginning upon the effective date of this permit and lasting until permit 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 LIMITS MONITORING REQUIREMENTS'` [PCS: CODE] Monthly Daily Measurement Sample 'Sample' Average,. Maximum ]Frequency Type Location Flow 50050 0.089 MGD Continuous Recording Influent or Effluent BOD, 5-day, 20°C 30.0 mg/L 45.0 mg/L Weekly Composite Effluent C0310 NH3 as N (summer) 10.0 mg/L 35.0 mg/L Weekly Composite Effluent C0610 NH3 as N (winter) 25.0 mg/L 35.0 mg/L Weekly Composite Effluent C0610 Total Suspended Solids 30.0 mg/L 45.0 mg/L Weekly Grab Effluent C0530 Fecal Coliform (geometric mean) 200 / 100 ml 400 / 100 ml Weekly Grab Effluent 31616 Total Residual Chlorine2 28 Ng/L Weekly Grab Effluent 50060 Temperature (°C) Weekly Grab Effluent [000101 pH 00400 > 6.0 and < 9.0 standard units — — Weekly Grab Effluent Total Nitrogen (NO2+NO3+TKN) Semi-annual Composite Effluent C0600 Total Phosphorus Semi-annual Composite Effluent C0665 Notes: 1. Total Residual Chlorine limit and monitoring requirements apply only if chlorine is used for disinfection. The Permittee shall report all effluent TRC values reported by a NC -certified laboratory [including field -certified]. Effluent values below 50 µg/L will be treated as zero for compliance purposes. There shall be no discharge of floating solids or visible foam in other than trace amounts. a s i.I a ■ Alt ,x -.e w Discharge location F.- ' � d a" it F•.- " •„y C q ,. a _ I 4 . 63r l; Vt" " 1 } *F z ,•tom ��� �,a �� , T?` .' -\ 1�1 E: ;j d►" A t � I D G • s ■ tea+' � .. n � � ■ diF �G Blacksmith Run WWTP - NCO088056 Facility Location USGS Quad Name: Sat Cave, N.C. Latitude: Receiving Stream:. Lewis Creek 35023'21" r Stream Class: C-Trout Longitude: Map not to SCALE Subbasin: French Broad - 04 03 02 82°21'51" Nor(A Henderson Count NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary March 15, 2010 ED NUNEZ CHIEF OPERATING OFFICER VISTA DEVELOPERS LLC 525 N MAIN STREET HENDERSONVII.LE NC 28792 Subject: Receipt of permit renewal application NPDES Permit NCO088056 Blacksmith Run Henderson County Dear Mr. Nunez: The NPDES Unit received your permit renewal application on March 15, 2010. A member of the NPDES Unit will review your application. They will contact you if additional information is required to complete your permit renewal. You should expect to receive a draft permit approximately 30-45 days before your existing permit expires. If you have any additional questions concerning renewal of the subject permit, please contact Tom Belnick at (919) 807-6390. Sincerely, Dina Sprinkle Point Source Branch cc: CERAL FILES A Neville Regona .ace/Surface Water Protection NPDES Unit 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Location: 512 N. Salisbury St. Raleigh, North Carolina 27604 Phone: 919-807-6300 \ FAX: 919-807-6492 \ Customer Service: 1-877-623-6748 Internet: www.ncwaterquality.org An Equal Opportunity\ Affirmative Action Employer i Dlle — --- NorthCarolina n(Ii, L. [viv 7.UVniri iuo, 000D r, 4 ES APPLICATION - FORM D For privately owned treatment systems treating 100% domestic wastewaters <1,0 MGD Mail the complete application to,, N, C. DENR / Division of Water Quality / NPDES Unit 1617 Mail Service Center, Raleigh, NC 27699-1617 NPDES Permit KCRO F ij J rf you are completing this form in computer use the TAB key or the up — down arrows to move from one field to the next. To check the boxes, click your mouse on top of the box. Otherwise, please print or type, 1. Contact Information: Owner Name Facility Name Mailing Address City State / Zip Code Telephone Number Pax Number e-mail Address ,EW 1&"-4 2. Location of facility producing discharge: Check here if same address as above Z Street Address or State Road City State / Zip Code County 3, Operator Information: Name of the firm, public organization or other entity that operates the facility refetring to the Operator in Responsible Charge or GRC) Name Mailing Address City State / Zip Code Telephone Number Fax Number 17 A-,0 �l _A� off�9a (Note that this is not MAR 4 i i 1 8 2010 IU jj i of 3 Form-D 05/08 MUM, 4. Lvov j,vvniri No. bbbb i, 5 ES APPLICATION - FORM D For privately owned treatment systems treating 100% domestic wastewaters <1.0 MGD 4. Description of wastewater: Facility Generating Wastewater (check all that apply): Industrial ❑ Number of Employees Commercial ❑ Number of Employees Residential K Number of Homes School ❑ Number of Students/Staff Other ❑ Explain: Describe the source(s) of wastewater (example: subdivision, mobile home park, shopping centers, restaurants, etc.): 11,4h 1 isian Population served: % 3 5. Type of collection system 19 Separate (sanitary sewer only) d Combined (storm sewer and sanitary sewer) 6. Outfall information: Number of separate discharge points Outfall Identification number(s) e4,64,1 Is the ourtfall equipped with a diffuser? ❑ Yes No A14JI has -"osf Aem�/14/? 7, Name of receiving stream(s) (Provide a map showing the exact location of each outfall): Y S. Frequency of Discharge: X Continuous ❑ Intermittent If intermittent: Days per week discharge occurs: Duration: 9, Describe the treatment system List all installed components,. including capacities, provide design rernoval for BOD, TSS, nitrogen and Phosphorus. If the space provided is not sufficient, attach the description of the treatment system in a separate sheet of paper. s�s G�l2G� L'onf�r�D S 11V Xe7��r 2 of 3 Form-D 05108 1.111 . LV I V / . V V11111 No, bbbb N, 6 'ES APPLICATION . FORM D For privately owned treatment systems treating 100% domestic wastewaters <1,0 MOD 10. Flow Information: Treatment Plant Design flow 4 f0 9 MOD Annual Average daily flow __. 49 MOD (for the previous 3 years) Maximum daily now , 4 MOD (for the previous 3 years) 11. Is this facility located on Indian country? ❑ Yes M No . 12. Effluent Data Provide data for the parameters listed. Fecal Colifonn, Temperature and pH shall be grab samples, for all other parameters 24-hour composite sampling shall be used, If more than one analysis is reported, report daily maximum and monthly average. If only one analysis is reported, report as daily maximum. Parameter Biochemical Oxygen Demand (BOOS) Daily Maximum Monthly Average Units of Measurement � f � Fecal Coliform , A Total Suspended Solids Temperature (Surnmer) Temperature (Winter) PH GfRi7S 13. List all permits, construction approvals and/or applications; Type Permit Number Type Hazardous Waste (RCRA) NESHAPS (CAA) UIC (SDWA) Ocean Dumping (MPRSA) NPDES I�C����Of� Dredge or fill (section 404 or CWA) P80 (CAA) Other Non -attainment program (CAA) 14. APPLICANT CERTIFICATION Permit Number I certify that I am familiar with the information contained in the application and that to the best of my knowledge and belief such information is true, complete, and accurate, Printed name Af Person Signing Tit e Signature Applicant Date North Carolina General Statute 143.215,E (b)(2) stales: Any person who knowingly makes any false statement represenladon, or cedificalion In any application, record, report, plan, or other document files or required to be maintained under Article 21 or regulations of the Environmental Management Commission implementing that Article, or who falsiries, tampers with, or knowingly readers inaccurate any recording or monitoring device or method required to be operated or maintained under Article 21 or regulations of the Environmental Management Commission implementing that Article, shall be guilty of a misdemeanor punishable by a fine not to exceed $25,000, or by imprisonmonl not to exceed six months, or by both. (18 U.S.C. Section 1001 Provides a punishment by a fine of nol more than $25,000 or imprisonment not more than 5 years, or both, for a similar offense.) 300 3 Form-D 0510E INU, 0000 r, i 41 February 26, 2010 Attu: Central -Files Division of 'UVater Quality 1617 Mail. Service: Center Raleigh, NC 27699-1617 Re: Permittee. Delegation of DWQ. Form MR-1,1 Reports for Blacksmith Run' WWTP- NC0088056-Eenderson Cowity. Dear.•Sirs,. This letter is -to acknowledge the delegation.. of signatory-authbrityfor the following facilities. to RPB Systems, Inc., oux.contract operations firm, pe'r ,15A NCAC '2B .0506 (b): Vista Developers, LL(' /'Blacksmith Run WWTP-NC0088056. PlOse call 828-698-24.00 if you have any questions. or concerns. SinceTel: Mr. Ed Nunez ' Chief Operating Officer. Vista -Developers, UC C.c:- Bob BarrWB Systems, Inc, File. 525 N.-Main Streer • HendersonAe,'NC 28792. Ph (828) 698-2400-- r-"; (82$) 698-8801,. (860-519-2400 www.vistadevelopei-s.com Water Pollution Control System Operator Designation Form wPCSOCC NCAC 15A 8G .0201 Permittee Ctwner/Officer Name: Vista Developers LLC Ed Nunez Mailing Ad<ress: 525 North Main Street City: Hendersonville State: NC Zip: 28792 Phone #: (828) 698-2400 Signature,— °f" r i�--- Date: ( ................................................................................................................................................. Facility Na ne: Blacksmith Run Permit #: NCO088056 ! SUBMIT A SEPARATE FORM FOR EACH TYPE OF SYSTEM! Facility Tyre & Grade: Type Grade Type Grade Biological WWfP X. I Surface Irrigation N/A Physical'Chemical . Land Application N/A Collectic n System Operator iii Responsible Charge (ORC) Print Full Name: Richard Swilling Certificate Type !Grade / NZZ bIl 985285 Work Phone #: ((/828)251-1900 ..... Signature: _ Date: - "I certify that (tigree'to thy desiknirtiou as the Operator in Respdnsible Charge for the facility noted. I understand and will abide by the rules and regu lations pertaining to the responsibilities of the ORC as set forth in I SA NCAC 080 .0204 and failing to do so can result in Disciplinary E.ctions by the Water Pollution Control System Operators Certification Coritmission." ................................................................................................................................................ Back -Up Ciperator in Responsible Charge (BU ORC) Print Full 1, ame: Robert Barr Certificate type / G e / umber: I1I 8928 Work Phone #: (82y8) 251-1900 Signature•- Date: "I certify that I agree to my designation as a Back-up Operator in Responsible Charge for the facility noted. I understand and will abide by the rules and egulations pertaining to the responsibilities of the BU ORC as set forth in I5A NCAC 08G .0205 and failing to do so can result in Disc:plinary Actions by the Water Pollution Control System Operators Certification Commission." , • L .................................................................................................................................................. Mail or Fax to: WPCSOCC 1618 Mail Service Center Raleigh, NC 27699-1618 Fax:919/733-1338 (See next page for designation of additional back-up operators. Designation of more than one back-up operator is opdonal.) Revised 8-2007 ' i NCOO88056 Sludge Management: Sludge generated at the plant is collected and thickened in the sludge holding chamber, decanted by airlift pump, then periodically hauled to acceptable facility such as City of Brevard or MSD of Buncombe County by approved hauler. Vista Development, LLC Blacksmith Run WWTP A To C No. 088056AOI Issued October 9, 2006 Engineer's Certification 1, /0&Lam✓ , as a duly registered Professional Engineer in the State of North Carolina, having been authorized to observe (periodically/weekly/full time) the construction of the modifications and improvements to the Blacksmith Run WWTP, located on Chimney Rock Road in Henderson County for Vista Development, LLC, hereby state that, to the best of my abilities, due care and diligence was used in the observation of the following construction: An influent pump station with duplex 5.5 hp pumps rated at 380 gpm, an influent bar screen, a 22,500 gallon flow equalization basin with duplex 2 hp pumps rated at 34 gpm, a 13,629 gallon sludge holding tank with a 5 hp blower, dual 50,720 gallon aeration basins with 7.5 hp triplex blowers rated at 172 scfm each, two 144 square foot clarifiers, UV disinfection with six bulb racks allowing for duplicity, a V-notch weir flow meter, a 2,000 gallon post aeration tank, and a 125 kW standby generator in conformity with the project plans, specifications, and other supporting data subsequently filed and approved by the Department of Environment and Natural Resources. I certify that the construction of the above referenced project was observed to be built within substantial compliance and intent of the approved plans and specifications. 14 Signature Registration Date ! �/ Send to: Construction Grants & Loans DENR/DWQ 1633 Mail Service Center Raleigh, NC 27699-1633 FSEF 2 6 2007 !r WATER G2UALITY SECTION ASHEVILLE REGIONFFICE S ®�%0111111111)/1.,1 C. 'fl71�e? �7 Aug. 17. 2007 1:39PM BRAN'IS & iMEDLOCK ENGINEERING No. 5005 P: az,4 c c- 5W �• Zs �1 ENGINEERING, PLLC August 17, 2007 NCDENR Division of Water Quality Construction Grant & Loans Section, 1633 Mail Service Center Raleigh, PAC 27699-1633 Attention: Michelle McKay Regarding: Blacksmith Run W VVTP Henderson County ATC No. 088056AOI Dear Ms. McKay: _ry AUG 2 4 2007 WATER QUALITY SECTION ASHEVILLE REGIONAL OFFICE Brooks & Medlock Engineering, PLLC (BM'E) has completed our final inspection of the above referenced wastewater treatment plant. I, Mark C. Brooks, as a duly registered Professional Engineer in the State of North Carolina, haying been authorized to observe (periodically), the construction of the Blacksmith Run Project in Henderson County, for the permittee hereby state that, to the best of my abilities, due care and diligence was used in the observation and construction such that the construction was observed to be built within substantial compliance and intent of the approved plans and specifications. Signed.: /—/- /Zwi- Date: Seal: me BROOKS &MEDLOCK ENG IN EERING, PLLC Letter Of Transmittal To: Michelle McKay NCDENR Construction Grants & Loans 1633 Mail Service Center Raleigh, NC 27699-1633 From: Mark Brooks, P.E. Brooks & Medlock Engineering Project Name: Date: Blacksmith Run July 24, 2007 Henderson Count BME Project No: CC: 114304-05 LN:CGD=EN:R: Surface Water Protection 2090 U.S. Highway 70 Swannanoa, NC 28778 Vista Developers, LLC Ed Nunez 525 N. Main St. Hendersonville, NC 28792 Document Description: Date: Use: Engineer's Certification Letter 7/24/07 file Mark C. Brooks, P.E. Brooks & Medlock Engineering, PLLC (828) 232-4700 R D E C E E J U L 2 5 2007 DD WATER QUALITY SECTION ASHEVILLE REGIONAL OFFICE 17 Arlington Street Asheville; NC` 28801 Phone 828.232.4700 Fax 828.232.1331 BME BROOKS & MEDLOCK ENGINEERING, PLLC July 24, 2007 NCDENR Division of Water Quality Construction Grant & Loans Section 1633 Mail Service Center Raleigh, NC 27699-1633 Attention: Michelle McKay Regarding: Blacksmith Run WWTP Henderson County ATC No. 021857AOI Dear Ms. McKay: Brooks & Medlock Engineering, PLLC (BME) has completed our final inspection of the above referenced wastewater treatment plant. I, Mark C. Brooks, as a duly registered Professional Engineer in the State of North Carolina, having been authorized to observe (periodically), the construction of the Blacksmith Run Project in Henderson County, for the permittee hereby state that, to the best of my abilities, due care and diligence was used in the observation and construction such that the construction was observed to be built within substantial compliance and intent of the approved plans and specifications. Signed: V, Date: ` f Seal: D F-V J U L 2 5 2007 Y WATER OLIALITY SECTION ' ASHEVILLE R.-2L L OFFICE 17 ARLINGTON STREET •ASHEVILLE, NORTH CAROLINA 28801 • (828) 232-4700 • FAx (828) 232-1331 Michael F. Easley, Govemor William.G. Ross,k, Secretary North Carolina -l)epartment,of Environment and Natural Resources October 11, 2006 ' Mr. Ed Nunez Vista Development, LLC 528 N. Main Street Hendersonville, NC 28792 E�p �an�vyis� ut Ill _ OCT 1 3 2006 L— WATER OLIALI I SEO 1ION ASHEVILLE REGIOi,L OFFICE SUBJECT: Transmittal of Approved Plans and Specifications Vista Development, LLC Blacksmith Run WWTP 4jg.1 cl, L'D , A to C No. 088056A01 Dear Mayor Nunez: P.E. Director Vater Quality Enclosed is a copy of the plans and specifications which were approved on October 9, 2006. The subject documents have been stamped "approved" for your records. A copy is also being forwarded to your engineer and to the Asheville Regional Office. These documents should be retained by the town for the life of the facility. Should you have questions regarding this matter, call me at (919) 715-6203. Sincerely, (e,cil . Madden,vJr., P. Supervisor Design Management Unit ffulluvron Enclosure I cc: Mark Brooks, P.E., Brooks & Medlock Engineering, PLLC I�'�le`�,vi3111 Rc�io . aFl �.1�ice S rrface ' a per �r4o: �c-_c Rio 1 Daniel Blaisdell, P.E. Cecil G. Madden, Jr., P.E. Anita Reed, E.I. A to C Files Construction Grants and Loans Section One 1633 Mail Service Center Raleigh NC 27699-1633 NorthCarolina Phone:919-733-6900 (FAX: 919-715-6229 /Internet: vuww.nccgl.net Aaturally .... n_s..-Ii.JAFI;..., ..+;..., AM;— G.,nln,rer- rn01- r]arvrlar411(10L. Pnet ('.nn QiirnP.r PanBr October 9, 2006 Mr. Ed Nunez Vista Development, LLC 528 N. Main Street Hendersonville, NC 28792 Michael F. Easley, Governor William G. Ross Jr.. Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek. P.E. Director _ — • Division of Water Quality -fj) 1U, OCT 1 2 2006 SUBJECT: -Authorization to Congtri.1C't ` A to C No. 088056AOI Vista Development, LLC Blacksmith Run WWTP Henderson County Dear Mr. Nunez: A letter of request for Authorization to Construct was received April 27, 2006, additional information was received September 21, 2006, by the Division, and final plans and specifications for the subject project have been reviewed and found to be satisfactory. Authorization is hereby granted for the construction of the 89,000 GPD Blacksmith Run Wastewater Treatment Plant, with discharge of treated wastewater into Lewis Creek in the French Broad River Basin. This authorization results in no increase in design or permitted capacity and is awarded for the construction of the following specific modifications: An influent pump station with duplex 5.5 hp pumps rated at 380 gpm, an influent bar screen, a 22,500 gallon flow equalization basin with duplex 2 hp pumps rated at 34 gpm, a 13,629 gallon sludge holding tank with a 5 hp blower, dual 50,720 gallon aeration basin with 7.5 hp triplex blowers rated at 172 scfm each, two 144 square foot clarifiers, UV disinfection with six bulb racks allowing for duplicity, a V-notch weir (low meter, a 2,000 gallon post aeration tank, and a 125 kW standby generator in conformity with the project plans, specifications, and other supporting data subsequently filed and approved by the Department of Environment and Natural Resources. This Authorization to Construct is issued in accordance with Part III, Paragraph A of NPDES Permit No. NCO088056 issued October 14, 2005, and shall be subject to revocation unless the wastewater treatment facilities are constructed in accordance with the conditions and limitations specified in Permit No. NC0088056. The sludge generated from these treatment facilities must be disposed of in accordance with G.S. 143-215. t and in a manner approved by the North Carolina Division of Water Quality. One NorthCarolina Naturally North Carolina Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Phone (919) 73 3-701 5 Customer Service Internet: va.:.: ,r, :^ a; r.cr..; 512 N. Salisbury St. Raleigh. NC 27604 FAX (919) 733-2496 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer — 50% Recycled/10% Post Consumer Paper Mr. Ed Nunez Vista Development, LLC Blacksmith Run WWTP October 9, 2006 Page 2 In the event that the facilities fail to perform satisfactorily, including the creation of nuisance conditions, the Permittee shall take immediate corrective action, including those as may be required by this Division, such as the construction of additional or replacement wastewater treatment or disposal facilities. The Asheville Regional Office, telephone number (828) 296-4500, shall be notified at least forty-eight (48) hours in advance of operation of the installed facilities so that an on site inspection can be made. Such notification to the regional supervisor shall be made during the normal office hours from 8:00 a.m. until 5:00 p.m. on Monday through Friday, excluding State Holidays. Upon completion of construction and prior to operation of this permitted facility, a certification must be received from a professional engineer certifying that the permitted facility has been installed in accordance with the NPDES Permit, this Authorization to Construct and the approved plans and specifications. Mail the Certification to Cecil G. Madden, Jr., P.E., Construction Grants & Loans, DWQ / DENR, 1633 Mail Service Center, Raleigh, NC 27699- 1633. Upon classification of the wastewater treatment by the Water Pollution Control System Operators Certification Commission (WPCSOCC), the Permittee shall designate and employ a certified operator to be in responsible charge (ORC) and one or more certified operator(s) to be back-up ORC(s) of the facilities in accordance with 15A NCAC 8G .0201. The ORC shall visit the facilities in accordance with 15A NCAC 8G .0204 or as specified in this permit and shall comply with all other conditions specified in these rules. A copy of the approved plans and specifications shall be maintained on file by the Permittee for the life of the facility. During the construction of the proposed additions/modifications, the permittee shall continue to properly maintain and operate the existing wastewater treatment facilities at all times, and in such a manner, as necessary to comply with the effluent limits specified in the NPDES Permit. You are reminded that it is mandatory for the project to be constructed in accordance with the North Carolina Sedimentation Pollution Control Act, and, when applicable, the North Carolina Dam Safety Act. In addition, the specifications must clearly state what the contractor's responsibilities shall be in complying with these Acts. Prior to entering into any contract(s) for construction, the recipient must have obtained all applicable permits from the State. Mr. Ed Nunez Vista Development, LLC Blacksmith Run WWTP October 9, 2006 Page 3 Failure to abide by the requirements contained in this Authorization to Construct may subject the Permittee to an enforcement action by the Division of Water Quality in accordance with North Carolina General Statute 143-215.6A to 143-215.6C. The issuance of this Authorization to Construct does not preclude the Permittee from complying with any and all statutes, rules, regulations, or ordinances which may be imposed by other government agencies (local, state, and federal) which have jurisdiction. One (1) set of approved plans and specifications is being forwarded to you. If you have any questions or need additional information, please contact Cecil G. Madden, Jr., P.E. at telephone number (919) 715-6203. Sincerely, r�zt Alan . Klimek, P. . MM:cgm cc: Mark Brooks, P.E., Brooks & Medlock Engineering, PLLC Henderson County Health Department Technical Assistance and Certification Unit Daniel Blaisdell, P.E. Point Source Branch, NPDES Program Cecil G. Madden, Jr., P.E. Michelle McKay, E.I. A to C File Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E. Director Division of Water Quality September 27, 2006 Mr. Ed Nunez Vista Development, LLC 528 N. Main Street Hendersonville, NC 28792 SUBJECT: Transmittal of Approved Plans and Specifications Vista Development, LLC Blacksmith Run WWTP A to C No. 021857AOI Dear Mayor Nunez: Enclosed is a copy of the plans and specifications which were approved on September 27, 2006. The subject documents have been stamped "approved" for your records. A copy is also being forwarded to your engineer and to the Asheville Regional Office. These documents should be retained by the town for the life of the facility. Should you have questions regarding this matter, call me at (919) 715-6203. Sincerely, 4 4 Cecil G. adden, Jr.,`P.E. Supervisor Design Management Unit MM:dr Enclosure cc: Mark Brook , P.E. Brooks & Medlock Engineering, PLLC Adan'iel aville Reg�ionaI dried. Surtacc Water ' roorDBlaisdell, P.E. Cecil G. Madden, Jr., P.E. Anita Reed, E.I. A to C Files ... ._ ... .....,. _.. r Hay OCT - 5 2006, WATER QUALITY SECTION ASHEVILLE REGIONAL OFFICE Construction Grants and Loans Section One 1633 Mail Service Center Raleigh NC 27699-1633 NorthCarohna Phone: 919-733-6900 / FAX: 919-715-6229 / Internet: www.nccgi.net 1 V An Equal Opportunity/Affirmative Action Employer — 50% Recycled/10% Post Consumer Paper Naturally Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources August 10, 2006 Mr. Ed Nunez Vista Development, LLC 528 N. Main Street Hendersonville, NC 28792 SUBJECT: Request for Additional Information Blacksmith Run WWTP Installation of a New Facility ATC No. 088056AOI Henderson County Dear Mr. Nunez: Alan W. Klimek, P.E. Director Division of Water Quality A review of the plans and specifications in support of the request for Authorization to Construct has been completed by the Construction Grants and Loans Section (CG&L). The comments resulting from this review are being transmitted directly to your engineer for clarification and resolution; a copy is attached for your reference. Our goal is to issue the Authorization to Construct as soon as possible. If a complete response is not received within 30 days, the application and supporting information will be returned. Upon receipt of satisfactory responses from your engineer to our comments, the review of the plan documents will be completed. If you have any questions concerning this matter, please do not hesitate to contact Michelle McKay, E.I., State Project Review Engineer, at (919) 715-6217. Sincerely, Cecil/Madden, Jr., P.E., Supervis r Design Management Unit MM/dr Attachment to all cc: Mark Brooks, P.E., Brooks & Medlock Engineering, PLLC DWG :Ashevi°llleAeg o al- 19)ffice2 Damel Blaisdell, P.E. Cecil G. Madden, Jr., P.E. Michelle McKay, E.I. A to C File 11; AUG 1 8 2006 WATER QUALITY SECTION ASHEVILLE REGIONAL OFFICE Construction Grants and Loans Section One 1633 Mail Service Center Raleigh NC 27699-1633 NorthCarolina Phone: 919-733-6900 / FAX: 919-715-6229 / Internet: www.nccgi.net An Equal Opportunity/Affirmative Action Employer — 50% Recycled/10% Post Consumer Paper Naturigily Construction Grants & Loans Section Design Management Unit Vista Development, LLC Blacksmith Run WWTP Installation of a New Facility ATC No. 088056A0I Request for Additional Information General Comments Complete and submit the Plans and Submittal Checklist, along with any required items not included in your original submittal. The checklist and its guidance are found at the following site: littp://www.ncc�al.neUfap/plans.html 2. In accordance with the Division of Water Quality's Ultraviolet Disinfection Systems Reliability Guidelines: a. If equalization is provided and is effectively designed (greater than or equal to 25% of the plant's ADF), the UV design should use a peaking factor of 2.0-2.5 or, if available, another value as determined from actual flow data. If sufficient equalization is not provided, the PF should be calculated from the Ten -State Standards (a range of approximately 3.5-4.1) or based on actual flow data. A copy of the guidelines is enclosed. b. A minimum of two banks is required and must be designed to provide adequate disinfection at peak hourly flow with one bank out of service. One bank with an auto -dialer and chlor-dechlor (w/ std. HDTs) as backup disinfection system can be used in lieu of two banks. Spare lamps and modules are recommended with two banks and are required with one bank. Audible & visible alarms are required. d. Standby power with automatic controls to switch to backup units, in event of failure, is required. Review of Calculations Provide buoyancy calculations for all tanks. 2. Submit calculations for the hydraulic profile. Review of Plans 1. Please provide electrical plan sheets. 2. Provide details for the pumps and blowers for this facility. Show both ground level elevation and invert elevations of the post aeration tank. Mr. Ed Nunez Vista Development, LLC ATC No. 088056A01 August 10, 2006 Review of Specifications 1. Specifications must be signed, sealed, and dated. The specifications should be labeled "Final. Not Released for Construction." 2. Although Section 3 of page 10 states that there is a cut sheet for the generator, no sheet is included in the application package. 3. Submit specifications and capacity for the influent pump station. 4. List all blowers, what they are rated at, and what they will be used for at this facility. Mr. Ed Nunez Vista Development, LLC 528 N. Main Street Hendersonville, NC 28792 Dear Mr. Nunez: Michael F. Easley. Governor William G. Ross Jr., Secretary North Carolina Department of'Environment and Natural Resources �J) Di E (� wsI of1 May 1, 2006 l�MAY - 1 2006 VVATER QUALITY SECTION ASf;E\/il_I RFGICP.�'xL OFFICE SUBJECT: Acknowledgement of Request for an Authorization to Construct Blacksmith Run WWTP Installation of a New Facility NPDES Permit No. NCO088056 The Construction Grants and Loans Section received your request for an Authorization to Construct and the supporting documentation on April 27, 2006. We will notify you and your engineer upon completion of our review. Your project has been assigned to Michelle McKay. She can be reached at (919) 715-6217. If you have any questions concerning this matter, please contact me at (919) 715-6203. Sincerely, AP ecil G. Madden, Jr., P.E., Supervisor Construction Grants and Loans Section Design Management Unit MM/dr cc: Mark Brooks, P.E., Brooks and Medlock Engineering, PLLC L�%W ;AgM107 le R - - onal Wfi�iee WQ Central Files ATC Files Construction Grants and Loans Section 1633 Mail Service Center Raleigh NC 27699-1633 Phone: 919-733-6900 / FAX: 919-715-6229 / Internet: www.nccgi.net An Equal Opportunity/Affirmative Action Employer — 50% Recycled/10% Post Consumer Paper I.E. Director rater Quality One NorthCaroliria ;Vatwrally ®8705eo 4 61 �� BROOKS & MEDLOCK April 19,2006 North Carolina DENR Department of Water Quality NPDES Western Permitting Unit 1617 Mail Service Center Raleigh, NC 27699-1617 Attention: LeToya Fields ENG IN EER ING, PLLC I 1 = P C. I Ii F, JS.. YW I f I"- 1 :1 L^:GNU ,MR, Regarding: Letter of Request Authorization to Construct, NPDES Permit # NCO088056 Blacksmith Run Development Henderson County, NC Dear Ms. Fields: Brooks & Medlock Engineering is pleased to provide this Letter of Request for Authorization to Construct (ATC) the wastewater treatment plant (WWTP) for the above referenced project. The following are NCDENR ATC application items for your review. A. Description of the Project The subject property is located in southeastern Henderson County. The two parcels, approximately 47.5 acres and 34.6 acres respectively, are identified by Henderson County as Tax Map ID Nos. 00969170256055 and 00969172542655. The subject site is currently farm land and vacant fields. Lewis Creek traverses the northeast portion of the 34.6 acre parcel which is the permitted receiving stream. The development project consists of a proposed 187 single family residential units on' -the 82.1 acres. The subdivision has been approved by the Henderson County Planning Board and the site roads, water system and sewer collection system have been permitted and are under construction. The design flow for the project is calculated to be 89,000 gallons per day (gpd) based upon 120 gpd/bedroom in accordance with 15A NCAC 2H 0.219. A majority of the homes are to be four bedrooms with a few being two or three bedrooms. B. A copy of the draft NPDES Permit is provided as Attachment A. C. The design capacity for the wastewater treatment plant is 89,000 gpd (0.089 MGD). D. The WWTP is a new facility, not an upgrade and three sets of plans and specifications accompany this Letter of Request. 17 ARLINGTON STREET - ASHEVILLE, NORTH CAROLINA 28801 • (828) 232-4700 • FAx (828) 232-1331 E. The process design calculations are included in the Specifications package. F. A hydraulic profile and flow schematic are provided as Attachment B. G. A copy of the Erosion Control Permit is provided as Attachment C. H. Residuals management for the WWTP will be facilitated by transportation of sludge from the sludge holding tank by a permitted hauler to Buncombe County Municipal Sewer District. A Letter of Acceptance from Buncombe County MSD to the hauler is provided as Attachment D. I. Power and potable water are to be brought in to the plant as part of the construction. The proposed power and water are shown on the Engineering Plans. J. The proposed WWTP site is not in the 100 year flood plain. The tanks are to be partially buried to a depth of 5 feet below ground surface. The tanks are to be sealed inside and out with a coal tar coating and strapped to a one foot thick concrete base. The potential for groundwater is seen as minimal and these engineering allowances should eliminate the potential for groundwater contravention. We appreciate your review and cooperation with this project. Please contact us (828) 232-4700 if additional information is required. We look forward to working with you on this permit application. Sincerely, Brooks & Medlock Engineering, PLLC Mark C. Brooks, P.E. CC: Stig Wennerstrom, Vista Development Attachments: A — Copy of Draft NPDES Permit B — Flow schematic and hydraulic profile C — Copy of Erosion Control Permit D — Letter of Sludge Acceptance F.E.-2147.00 I - F.E.-2147.00 SUIDGE AERATION CLARIFIER HOLDING BASIN TANK G.E.- Ground Elevation F.E.= Flow Elevation I.E.- Inlet Elevation O.E.- Outlet Elevation HYDRAULIC FLOW SCHEMATIC N.T.S. IE-2M.19 IE-2138.50JI POST AERATION TANK CREEK (Discharge Invert) 0 0 & A74� WDENR North Carolina Department of Environment and Natural Resources Division of Land Resources Land Quality Section Michael F. Easley, Governor James D. Simons; PG, PE March 24, 2006 LETTER OF APPROVAL Stig Wennerstrom Vista Developers, LLC 525 N. Main Street Hendersonville, NC 28792 RE: Project Name: Vista. at Blacksmith Run Acres Approved: 18.5 Project ID: HENDE-2006-049 County: Henderson City: Edneyville Street: US,,Hwy 64 River Basin: French Broad Stream Classification: C Submitted By: Brooks and Medlock Date Received by LQS: March 13, 2006 Plan Type: Revision Dear Sir or Madam: William G. Ross Jr., Secretary Janet Boyer, Regional Engineer This office has reviewed the subject erosion and sedimentation control plan. We find the plan to be acceptable and hereby issue this .Letter of Approval. The enclosed Certificate of Approval must be posted at the job site. This plan approval shall expire three (3) years following the date of approval, if no land -disturbing activity has been undertaken, as is required by Title 15A NCAC 4B .0129.; Title 15A NCAC 4B .0118(a) requires that a copy of the approved erosion control plan be on file at the job site. Also, this letter gives the notice req.uired by G-.S. 113A-61.1(a) of our right of periodic inspection to insure compliance with the approved plan. North Carolina's Sedimentation Pollution Control Act is .performance -oriented, requiring protection of existing natural resources and adjoining properties. If, following the commencement of this project, the erosion and sedimentation control plan is inadequate to 2090 US Highway 70, Swannanoa, North Carolina, 28778-8211 Telephone 828-296-4500 A Fax 828-299-7034 One www.enr.state.nc.us1 . NOI tl1Cal'OIlI1a An Equal Opportunity / Affirmative Action Employer ,�E STATE � �P�o Us zo. 173 n16 �fA'f QLIAM V19ER� _ _ The posting of this certificate certifies :,that..an erosion and sedimentation. -control plaA has been approved for this project by the North Carolina Department of Environment and Natural Resources in accordance with North Carolina General Statute 113A - 57 (4) and 113A - 54 (d) (4) and North Carolina Administrative Code, Title 15A, Chapter 4B.0107 (c). This certificate must be posted at the primary entrance of the job site before construction begins and until establishment of permanent groundcover as required by North Carolina Administrative Code, Title 15A, Chapter 4B.0127 (b). 06 Date of Plan Approval 2 Project Name and Location �� ���► �. 1•e _ Regional Engineer NCDENR --- Y -Apr 20 2006 5:00PM HP 04/20/2006 16:40 8282325537 ERJET FAX MSD p.3 PAGE 02/04 WASTEWATER gIAULEWS DISC M- RGE PERNUT FOR SANITARY SEWERAGE ONLY PERMIT NO. 49 in accordanoe with all terms and conditions of the Sewer Use Ordinance (SUO) of the District Board of the Metropolitan Sewerage District of BW*e=be Co", North Carolina, (MSD), NPDES Pam itNo. NC0024911 for the cp=tion ofthe Metropolitan Treatment Plant by MSD, North Carolina General Statues 1.43-215.1 elseg., and other lawful standards and regulations promulgated and adopted by the North Carolina Environmental Management, Commission and the District Board of the Metropolitan Sewerage District of Buncombe County, North Carolina: pERMISSAON 15 HEREBY GRANTED TO: Mike's Septic't'ank Service F.O. I3ox 968 80 Harold S1.uder:Road Alexander, North Carolina 28701 FOR THE discharge of domestic sanitary waste ,from. holding tanks and septic tanks (hercinafPer "septage") via the truck for which this PEWIT is issuod inro the Metropolitan Sewerage Distnol of Buncombe County, North Carolina (MSD), at tbo location designated by the General Manager. This PERMIT is granted in accordarrm with the APPLICATION FOR WASTEWATER HAULER'S DISCHARGIE PERMIT filed onNovember S, 2003, at tine MSD office. The conditions and requir=.ems included in the Fecmit, the Permit Application and the Sewer Use OrdinE ee of the Metropolitan Sewerage District of Buncombe Cnurty art~ integral parts of your Permit: MAIW4 OF TRUCK: Volvo,1994 LICENSE NO: YA-66177 TANK VOLUME: 3000 Gallons STATE: North Carolitha REGISTRATION NQ 4V LTDBFSKR827179 Effective this 1st day of'December, 2003. To Expire the 31-8 day of December, 2006. FOMZSSE. Marty ,.E. General sager L "Apr .20 2006 5:OOPM HP - iERJET FAX 04/20/2005 15:40 82B2325537 p.4 MSD PAGE 03/04 PERM T NO.49 PART I GENERAL CONDITIONS & RfiOUI EMENTS A. - Permits - By Filing an Application. for permit to Discharge each Permit Holder agrees to abide by theproviSions ofthe MSD Sewer Use Ordinance, North CarolinaGeneral Statutes 143.215.1 of seg. and any conditions oir regulations established by MSD, the State orFederal Government. B. The vehicle for which this Permit is issued shall prominently display the Permit Number on both sides of the vehicle. C. MSD has a designated septage receiving station at the MSD Wastewater Treatment Plaint, at 2225 Riverside Drive, where septage may be discharged. The discharge of septage at any place other than the designated receiving station is strictly prohibited. D, MSD will accept residential septage from Buncombe, Haywood, Henderson, Madison, McDowell, Mitchell, folk, Rutherford., Transylvania and Yancey Counties. The MSD may consider accepting septage from. other counties, provided, however such septage will not be accepted until the Wastewater Hauler makes a written. request to the MSD, and'ihe request has been approved with a Special One Time Discharge Permit. A separate Permit must be secured for each such discharge. MSD may require laboratory analysis ofthe waste and the Wastewater Hauler shall pay for the analysis. E. This Permit is only for the discharge of septage from residential units and/or port-e jons. Waste from commercial or industrial wtabli,shments may not be discharged pursuant to this Permit. Such wastes prohibited from being discharged into the MSD system include, but are not limited to the following; (a) food service grease trap wastes; (b) pinnping from sand/oil/water separators; (c) toxic or hazardous wastes; (d) sludge and/or grit from publicly owned wastewater treatment plants or lagoons. F. MSD will accept sludge from a -privately owned package plant within the counties listed in Item D. This rnatmriat will be charged at the same rate as septage. G. The discharge of any hazardous substance, as that term is defined in the North Carolina Oil Pollution shd Hazardous Substance Control Act, a. S. 143-215.75 er .seg: or anymaterial which 1.v.ISD deten-olnes is harmful, to the operation of the MSD sewerage system, is strictly prohibited. H. Septage must be discharged between the hours of 7:00 a.rn. and 7:00 pm., Monday through Saturday at the septage receiving station, If a need arises to discharge after these hours, each case will be handled on an individual basis. Permit Folders am required to maintain. the dumpsite by keeping it clean and insure all septage is properly discharged to the sewer. Rpr 20 2006 5: OOPM HP ' ,ERJET FAX p.5 04/20/2006 16:40 82B2325537 MSD PAGE 04/04 RMET NO.49 PART GENERAL CONDITION & REQUIREMENTS I. Permit holders shall. provide accurate and complete in.fortmation as to the origin and contents of each load of septage discharged Coto the receiving station, upon request, This infarmatian is to be presented to MSD at the time of discharge. It must consist of the following: 1 Name of the homeowner 2 Location/address 3 City 4 Zip Code 5 county 6 Homeowner's telephone number 7 Date the waste was collected J. The General -Manager or Ws designee may disallow the discharge of any septage into the receiving station. If the General Manager or his designee determine that the discharge -is in. violationofNorth Carolina General Statutes 143-215.1 etseq., the SewerUse'Ordinance, Permit condition, or is injurious of harmful to the operation of the Wastewater Treatment Plant or the safety of MSD Personnel. K. Spot checks and laboratory analysis of septage will be made at the discretion of MSD. MSD reserves the tight to require septage haulers to sample and analyze septage by a commercial laboratory prior to discharge. The cost of sampling and analysis shall be bonne by the P'Mmit holder. L. This permit may be suspended or revoked immedi atel.y by MSD for a violation of any pt`ovisiOn of North Carolina General Statutes 143-215.1 at seq,, the MSD Sewer Use Ordinanco, the Pennit, pretreatment regulations, conditions, limitations, or other regulation established by MSD. In addition, MSD may levy and collect civil penalties and take enforcement action, as it deems necessary, including the publication of the Permit's holder's name, address and statement in a local newspaper. MSD shall also have the right to recover any cost of enforcement including reasonable attorney's fees. North Carolina General Statutes 143-215.6 A 0) authorizes MSD to collect civil penalties of up to $25,000 per day for any Permit violation. Each day a violation continues may be treated as a Mar. ate violation. M. Rates and Charges. Pemit holders shall pay prevailing rates and fees for discharge of septage. Rates and fees will be based on flow, biochemical oxygen demand (BOD), and total suspended solids (TSS). Failure to pay any rates or fees shall be grounds fpr revocation of this Permit. Sampling and testing for these parameters will be periodically performed by the MSD. N. Permit holders will be billed for each load as if it were a full load, based. on the capacity of the tank on the truck. Page 1 of 2 North Carolina Division Of Water Quality Construction Grants & Loans Section Authorization To Construct (ATC) Application Form (To Be Used On and After July 1, 2004) Date: 4� Permittee/Owner Name: Vl' 7,-i/�Lb�l�1�/1�% _5 Address:,"y0 IV.17j�r v :s 1. i��'�t/t���'so.✓I/�GG� , NCi Z 8`79 Z Contact Person: ��D Nc/rvz Telephone Number: �z �s-�9g z4-cv Engineer Of Record: /i%"A C 8W,0lc.f, (5• Address: 1 `7 /9,)2.&1A16-7-o4o, 5-7.- Telephone Number: Z C-- 2-32- 4'jv0 Please Note: The Following Check Each Box For Items/Information Must be Submitted Which To Be Considered a Complete Package. If Any Applicable Item Is Information Remarks/Explanation Missing The Package Will Be Returned Is Provided As Incomplete. 1 Letter of Request for ATC from Permittee or Authorized Agent. 2 A Brief Description Of the Proposed Project. A Complete Copy Of the NPDES Permit 3 or Public Notice of A Draft NPDES Permit. 4 Design Capacity (in Million Gallons per Day - MGD). MGD If New or Expanding Design Capacity is 5 greater than or equal to 0.500 MGD include a copy of Finding Of No AVi4 Significant Impact (FNSI). Three Sets Of Plans Signed and Sealed 6 By A NC Professional Engineer and Stamped With "Final Drawing - Not Released For Construction" 7 Three Sets of Technical Specifications. NCDWQ ATC Application July 2004 Page 2 of 2 $ Three Sets each of Process, Design, and Hydraulic Profile Calculations. ✓ ��GGUJ�� �� St�Ed�f�%ll� A Hydraulic Profile; and A Flow 9 Schematic With Sizes Of Major Components On 81/2" X 11" Paper. 10 Documentation that a Soil & Erosion Control Permit Application Has Been i Submitted to Division of Land Resources. 11 Residuals Management Plan (for all facilities producing residuals).Cl��i�� 12 Construction Sequence Plan (for Modifications). .4/1))4 13 110 Volt Power and Potable Water �//d k6 / 1�/Al Included in Plans. Hydrogeologic Information Must Be 5&,C <51xfieA104716AI , / 14 Provided If A Potential For Groundwater N A l 1&5o UFsY Contravention Exists. For Abandonment of \& TPs, a 15 Statement That the Facility Will Be ,711.4 Properly Disconnected. For Municipal/Public Facilities, A 16 Signed/Sealed Certification From the / 1 14 Engineer Of Record That the Project Complies With G.S. 133-3. NCDWQ ATC Application July 2004 � Lr �� r�i` alc;:• !fit � -= "' •..h. s�-.. NC®ENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor Mr. Ed Nunez, Registered Agent Vista Developers, LLC 525 North Main Street Hendersonville, North Carolina 28792 Dear Mr. Nunez: John E. Skvarla, III Secretary April 4, 2014 Subject: NOTICE OF VIOLATION NOV-2014-LV-0129 Permit No. NCO088056 Blacksmith Run WWTP Henderson County A review of Blacksmith Run WWTP's monitoring report for January 2014 showed the following violation: Parameter Date Limit Value Reported Value Limit Type Coliform, Fecal MF, M-FC Broth,44.5C 01/03/2014 400 #/100ml 921 #/100ml Daily Maximum Exceeded Remedial actions, if not already implemented, should be taken to correct any problem. Since the comments section on the reverse of the relevant DMR provided an adequate explanation for the subject violation, it is not requested that a response be submitted. The Division of Water Resources may.pursue enforcement action for this and any additional violations of State law. If you should. have any questions, please do not hesitate to contact Janet Cantwell or me at 8281296-4600. Sincerely, G. Landon Davidson, P.G., Regional Supervisor Water Quality Regional Operations, NCDENR Asheville Regional Office V'j/Q Asheville File, WQ Central Files RPB Systems/ ORC G:\WR\WQ\Henderson\Wastewater\Minors\Blacksmith Run 88056\NOV-2014-LV-0129.doc Water Quality Regional Operations — Asheville Regional Office 2090 U.S. Highway 70, Swannanoa, North Carolina 28778 Phone: (828) 296-4500 FAX: (828) 299-7043 Internet: http://portal.nedenr.org/web/wq An Equal Opportunity/ Affirmative Action Employer NCDENR North Carolina Department of Environment and Natural Resources Beverly Eaves Perdue Governor Mr. Ed Nunez, Registered Agent Vista Developers, LLC 525 N Main Street Hendersonville, North Carolina 28792 Dear Mr. Nunez: Division of Water Quality Coleen H. Sullins Director August 16, 2011 Subject: NOTICE OF VIOLATION NOV-2011-MV-0146 Permit No. NCO088056 Blacksmith Run WWTP Henderson County Dee Freeman Secretary A review of Blacksmith Run WWTP's monitoring report for February 2011 showed the following violations: Parameter Date Measuring Violation Frequency Flow, in conduit or thru treatment 02/05/2011 & Continuous Failure to Monitor plant 02/06/2011 Flow, in conduit or thru treatment 02/12/2011 & Continuous Failure to Monitor plant 02/13/2011 Flow, in conduit or thru treatment 02/19/2011 & Continuous Failure to Monitor plant 02/20/2011 Flow, in conduit or thru treatment 02/26/2011 & Continuous Failure to Monitor plant 02/27/2011 It was also noted that the Compliance box on the back of the DMR was marked "Compliant" when in fact it should have been marked "Non -Compliant" with an explanation for the non-compliance. If the above parameter was left off inadvertently, please send an amended DMR within 10 business days of receipt of this letter to Raleigh at the address found on the front page of your DMR and also a copy to this office. Remedial actions should be taken to correct this problem. The Division of Water Quality may pursue enforcement action for this and any additional violations of State law. If you should have any questions, please call Janet Cantwell at 828-296-4500. Sincere , Roger C. Ed ards, Regional Supervisor Surface Water Protection Section `1". =bey3Rglie DWQ Central Files RPB Systems/ ORC S:1SWP1HendersonlWastewaterlMinorslBlacksmith Run 880561NOV-2011-MV-0146.doc NoCo Carolina iu 71111 North Carolina Division of Water Quality 2090 U.S. Highway 70 Swannanoa, N.C. 28778 Phone(828)296-4500 Customer Service Internet: www.ncwateroualitv.orn FAX (828)299-7043 1-877-623-6748 E-71; FILE COPY NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Governor Director SURFACE WATER PROTECTION SECTION October 11, 2010 Mr. Ed Nunez Vista Developers, LLC 525 N. Main Street Hendersonville, NC 28792 Dee Freeman Secretary SUBJECT:. Compliance Evaluation Inspection Blacksmith Run WWTP Permit No: NCO088056 Henderson County Dear Mr. Nunez: Enclosed please find a copy of the Compliance Evaluation Inspection report from the inspection conducted on September 16, 2010. The facility was found to be in compliance with permit NC0088056. Please refer to the enclosed inspection report for additional observations and comments. If you or your staff should have any questions, please call me at 828-296-4662. Sincerely, .A� r �� Wanda P. Frazier Environmental Specialist Enclosure cc: Bob Barr entral Files 13 S:\SWP\Henderson\Wastewater\Minors\Blacksmith Run 88056\CEI 9-16-10.doc SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE One Location: 2090 U.S. Highway 70, Swannanoa, NC 28778 NorthCarolina Phone: (828) 296-45001 FAX: 828 299-7043 \ Customer Service: 1-877-623-6748 Natura!!tl Internet: www.ncwaterguality.org a� United States Environmental Protection Agency Form Approved. EPA Washington, D.C. 20460 OMB No. 2040-0057 Water Compliance Inspection Report Approval expires 8-31-98 Section A: National Data System Coding (i.e., PCS) Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type 1 I NI 2 151 31 NCO088056 111 121 10/09/16 117 181 CI 191 SI 20II Remarks 21111111111111111111111111111111111111111111111116 Inspection Work Days Facility Self -Monitoring Evaluation Rating B1 QA -- Reserved--- 67I 1.0 169 701 31 711 I 72I NI 73Ljj 74 751 I I I I I Li Section B: Facility Data Name and Location of Facility Inspected (For Industrial Users discharging to POTW, also include Entry Time/Date Permit Effective Date POTW name and NPDES permit Number) Blacksmith Run 10:30 AM 10/09/16 05/11/01 Exit Time/Date Permit Expiration Date 525 N Main St Hendersonville NC 28792 11:30 AM 10/09/16 10/10/31 Name(s) of Onsite Representative(s)lTitles(s)/Phone and Fax Number(s) Other Facility Data Richard Morgan Swilling/ORC/828-251-1900/ Name, Address of Responsible Official/Title/Phone and Fax Number Contacted Ed Nunez,525 N Main St Hendersonville NC 28792//826-698-2400/ No Section C: Areas Evaluated During Inspection (Check only those areas evaluated) Permit E Operations & Maintenance 0 Records/Reports Facility Site Review Effluent/Receiving Waters Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary) (See attachment summary) Name(s) and Signature(s) of Inspector(s) Agency/Office/Phone and Fax Numbers Date Wanda P Frazier ARO WQ//828-296-4500 Ext.4662/ al, 2(� V Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date ell t o EPA Form 3560-3 (Rev 9-94) Previous editions are obsolete. Page # 1 NPDES yr/mo/day Inspection Type (cont.) 1 3I NCO088056 I11 12I 10/09/16 117 18I C I Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary) FACILITY DESCRIPTION: The Vista Developers, LLC — Blacksmith Run WWTP is a class II facility rated as a 0.089 MGD extended aeration package plant consisting of: 22,500 gallon flow equalization basin with duplex 2 HP pumps (34 gpm) with dual high water alarms and bar screen; dual 50,720 gallon aeration basins with 7.5 HP triplex blowers (172 scfm each) providing diffused air; dual 144 sq ft clarifiers with skimmers and sludge returns; 13,629 gallon aerobic digestor with a 5 HP blower; UV disinfection unit with 2 banks of lamps (3 lamps per bank); 2000 gallon post aeration tank; 90 degree v-notch weir; Isco 4230 bubbler flow meter; Isco composite sampler and 125 KW Generac Power Systems propane emergency generator. Collection System: 10 homes (< 12 connections). Influent pump station with duplex 5.5 HP pumps (rated at 380 gpm) and American On -site Controls autodialer. Development: Consists of a residential development (no clubhouse) consisting of 82.1 acres (two parcels: 47.5 acres & 34.6 acres) for 187 proposed single family residential homes (based on 120 gpd/bedroom). PERMIT / INSPECTION / LOG: A review of the files indicates that the last compliance evaluation inspection was conducted on 6-9-2009 by Janet Cantwell. The permit expires on 10-31-2010. The Division received your request for permit renewal on 3-15-2010. The daily operator log was present on -site and had good notation of daily events, process control and field testing data. TREATMENT UNITS / PROCESS CONTROL TESTING DATA: The activated sludge aeration basin process control data was as follows: Temperature = 20.0 degrees Celsius pH = 7.3 units Dissolved Oxygen = 9.4 mg/I Settleable Solids = <5 ml/I = <5% Note: Low occupancy and low influent flows have resulted in high DOs and low volume of settleable solids, as is typical in this situation. EFFLUENT: The effluent data from the post aeration chamber was as follows: Page # 2 Permit: NCO088056 Inspection Date: 09/16/2010 Dissolved Oxygen = 8.7 mg/I pH = 8.3 units Temperature = 21.0 degrees Celsius Chlorine = n/a --- UV disinfection FLOW MEASUREMENT: Owner - Facility: Blacksmith Run Inspection Type: Compliance Evaluation The Isco bubbler 4230 flow meter, with battery back-up, was last calibrated on 6-23-10. EMERGENCY GENERATOR: The 125 KW Generac Power Systems propane emergency generator self -tests weekly on Fridays. Maybin's Emergency Power (197 Mountain Valley Cemetery; Zirconia, NC 28790-6721) services the generator. The operator checks the propane fuel level. OPERATIONS AND MAINTENANCE / EFFLUENT / SUMMARY: Mr. Rick Swilling, ORC, assisted in the inspection and appears to be operating and maintaining the facility very well. There was no discharge during the time of the inspection. SYSTEM PERFORMANCE ANNUAL REPORT (SPAR): The 2009 System Performance Annual Report was received by the Division on 3-4-2010. Note: According to the Clean Water Act of 1999 (House Bill 1160), the legal requirement for submittal of the System Performance Annual Report is as follows: The owner or operator of any wastewater treatment works or wastewater collection systems that treats or collects primarily domestic or municipal waste, must provide an Annual Report to its users or customers and to the Department of Environment and Natural Resources that summarizes the treatment work's and collection system's performance over a 12 month period. The Annual Report is due on March 1st. RECOMMENDATIONS: It is recommended that a weatherproof enclosure and small refrigerator be provided outside adjacent to the effluent sampling point, so that the samples may be properly refrigerated (to 4 degrees Celsius) during composite sampling events. Extreme heat during the summer months, has caused the ice to melt before the 24-hour sampling event is over, resulting in the operator having to make extra site visits to replenish the ice more frequently. Page # 3 Permit: NCO088056 Inspection Date: 09/16/2010 Owner - Facility: Blacksmith Run Inspection Type: Compliance Evaluation (If the present permit expires in 6 months or less). Has the permittee submitted a new application? ■ n n n Is the facility as described in the permit? ■ n n n # Are there any special conditions for the permit? n ■ Cl n Is access to the plant site restricted to the general public? ■ n n Is the inspector granted access to all areas for inspection? ■ n n n Comment: Operations & Maintenance Yes No NA NE Is the plant generally clean with acceptable housekeeping? ■ n n n Does the facility analyze process control parameters, for ex: MLSS, MCRT, Settleable Solids, pH, DO, Sludge ■ n n n Judge, and other that are applicable? Comment: Pump Station - Influent Yes No NA NE Is the pump wet well free of bypass lines or structures? ■ n n n Is the wet well free of excessive grease? ■ n n n Are all pumps present? ■ n n n Are all pumps operable? ■ n n n Are float controls operable? ■ n n n Is SCADA telemetry available and operational? ■ n n n Is audible and visual alarm available and operational? ■ n n n Comment: Equalization Basins Yes No NA NE Is the basin aerated? ■ n n n Is the basin free of bypass lines or structures to the natural environment? ■ ❑ n n Is the basin free of excessive grease? ■ n n n Are all pumps present? ■ n n n Are all pumps operable? ■ n n 1-1 Are float controls operable? ■ n n n Are audible and visual alarms operable? ■ n n n # Is basin size/volume adequate? ■ n n n Comment: Page # 4 Permit: NCO088056 Owner - Facility: Blacksmith Run Inspection Date: 09/16/2010 Inspection Type: Compliance Evaluation Bar Screens Yes No NA NE Type of bar screen a.Manual ■ b. Mechanical n Are the bars adequately screening debris? ■ Cl n Cl Is the screen free of excessive debris? ■ n n n Is disposal of screening in compliance? ■ ❑ ❑ n Is the unit in good condition? ■ n n Cl Comment: Aeration Basins Yes No NA NE Mode of operation Ext. Air Type of aeration system Diffused Is the basin free of dead spots? ■ n n n Are surface aerators and mixers operational? ❑ n ■ n Are the diffusers operational? ■ n n n Is the foam the proper color for the treatment process? ■ n ❑ Does the foam cover less than 25% of the basin's surface? ■ n n n Is the DO level acceptable? ■ n n n Is the DO level acceptable?(1.0 to 3.0 mg/1) n n ■ n Comment: Secondary Clarifier Yes No NA NE . Is the clarifier free of black and odorous wastewater? ■ n n n Is the site free of excessive buildup of solids in center well of circular clarifier? ❑ n ■ n Are weirs level? ■ n ❑ n Is the site free of weir blockage? ■ n n ❑ Is the site free of evidence of short-circuiting? ■ n n Is scum removal adequate? ■ n n n Is the site free of excessive floating sludge? ■ n ❑ n n n ■ n Is the drive unit operational? Is the return rate acceptable (low turbulence)? ■ ❑ n Page # 5 Permit: NC0088056 Inspection Date: 09/16/2010 Owner - Facility: Blacksmith Run Inspection Type: Compliance Evaluation Secondary Clarifier Yes No NA NE Is the overflow clear of excessive solids/pin floc? ■ n n n Is the sludge blanket level acceptable? (Approximately % of the sidewall depth) n n ■ n Comment: Disinfection - UV Yes No NA NE Are extra UV bulbs available on site? ■ n n n Are UV bulbs clean? ■. n n n Is UV intensity adequate? ■ n n n Is transmittance at or above designed level? ■ n n n Is there a backup system on site? ■ n n n Is effluent clear and free of solids? ■ n n n Comment: Standby Power Yes No NA NE Is automatically activated standby power available? Cl n ❑ Is the generator tested by interrupting primary power source? n n n n Is the generator tested under load? n n n n Was generator tested & operational during the inspection? n n n n Do the generator(s) have adequate capacity to operate the entire wastewater site? n n n n Is there an emergency agreement with a fuel vendor for extended run on back-up power? n n n n Is the generator fuel level monitored? n n n n Comment: Page # 6 NC®ENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary June 29, 2009 Mr. Ed Nunez Vista Developers, LLC 525 North Main Street Hendersonville, North Carolina 28792 SUBJECT: Compliance Evaluation Inspection Blacksmith Run Wastewater Treatment Plant Status: Compliant Permit No: NCO088056 Henderson County Dear Mr. Nunez: Enclosed please find a copy of the Compliance Evaluation Inspection form from the inspection conducted on June 9, 2009. The facility appeared to be in compliance with permit NC0088056. There are several items which need attention.- annual calibration of the flow meter, maintaining access to the effluent discharge pipe and keeping the facility locked and closed. Please refer to the enclosed inspection report for additional observations and comments. If you or your staff have any questions, please call me at 828-296-4500, Ext. 4667. Sincerely, et Cantwell Environmental Specialist Enclosure �Clil�lQ�A�sjh��il�le[}es '-- - DWQ Central Files RPB Systems/ ORC w/ attachment G:\WPDATA\DEMWQ\Henderson\Blacksmith Run\88056-09.CEI.doc SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE One Location: 2090 U.S. Highway 70, Swannanoa, NC 28778 NorthCarolina Phone: (828) 296-4500\FAX: 828 299-7043\Customer Service: 1-877-623-6748 a'R�L11,Q //„ Internet: www.ncwaterguality.org �J Y LLJ United States Environmental Protection Agency Form Approved. EPA Washington, D.C. 20460 OMB No. 2040-0057 Water Compliance Inspection Report Approval expires 8-31-98 Section A: National Data System Coding (i.e., PCS) Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type 1 L NI 2 151 31 NCO088056 Ill 121 09/06/09 117 181 CI 191 GI 20�I +--' —J Remarks 21111111111111111111111111111111111111111111111116 Inspection Work Days Facility Self -Monitoring Evaluation Rating B1 QA --------------------------- Reserved ------- ------------- 67I 169 70II 71 I I 72I N I 73 W 74 751 I I I I I I 180 1_ I-1—I Section B: Facility Data Name and Location of Facility Inspected (For Industrial Users discharging to POTW, also include Entry Time/Date Permit Effective Date POTW name and NPDES permit Number) Blacksmith Run 11:55 AM 09/06/09 05/11/01 Exit Time/Date Permit Expiration Date 525 N Main St Hendersonville NC 28792 12:25 PM 09/06/09 10/10/31 Name(s) of Onsite Representative (s)/Titles(s)/Phone and Fax Number(s) Other Facility Data Richard Morgan Swilling/ORC/828-251-1900/ Name, Address of Responsible Official/Title/Phone and Fax Number Ed Nunez, 525 N Main St Hendersonville NC 28792//828-698-2400/ Contacted yes Section C: Areas Evaluated During Inspection (Check only those areas evaluated) Permit Flow Measurement Operations & Maintenance Records/Reports Self -Monitoring Program Facility Site Review Effluent/Receiving Waters Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary) (See attachment summary) Name(s) and Signature(s) of Inspector(s) Agency/Office/Phone and Fax Numbers Date Janet Cantwell ARO WQ//828-296-4500 Ext.4667/ Sign atur of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date EPA Form 3560-3 (Rev 9-94) Previous editions are obsolete. Page #. 1 NPDES yr/mo/day Inspection Type (cont. 1 3I NCO088056 I11 12I 09/06/09 117 18I CI Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary) Bob Barr & Rick Swilling/ ORC of RPB Systems assisted in the inspection of this facility. A review of the files indicates that the permit expires October 31, 2010. Please request a permit renewal 180 days prior to expiration. Only two homes discharge to the facility at this time. There was no flow at the time of the inspection. The influent pump station's audible and visual alarms were tested during the inspection and were operable. The operator stated sampling is done about every 29 days when there is flow from the equalization basin. Audible and visual alarms for the equalization basin were checked and were operable. The Maybin Company services the generator. The generator "self -tests" weekly and the operator checks the propane fuel level. The log book was present on -site. The access path to the effluent discharge pipe should be maintained. The facility gate should be kept closed and locked when not on site. The flow meter should be calibrated annually per the NPDES permit Part II, Section D. 3. Page # 2 Permit: NCO088056 Owner- Facility: Blacksmith Run Inspection Date: 06/09/2009 Inspection Type: Compliance Evaluation Permit Yes No NA NE (if the present permit expires in 6 months or less). Has the permittee submitted a new application? n n ■ n Is the facility as described in the permit? ■ n ❑ ❑ # Are there any special conditions for the permit? n ■ n n Is access to the plant site restricted to the general public? n ■ n n Is the inspector granted access to all areas for inspection? ■ n n n Comment: The permit will expire October 31, 2010. The gate to the facility should be kept closed and locked when not on site. Operations $ Maintenance Yes No NA NE Is the plant generally clean with acceptable housekeeping? ■ ❑ n ❑ Does the facility analyze process control parameters, for ex: MLSS, MCRT, Settleable Solids, pH, DO, Sludge n ❑ ■ ❑ Judge, and other that are applicable? Comment: There are only two homes at this time which discharge to the facility and rarely is there any flow. Equalization Basins Yes No NA NE Is the basin aerated? ■ n n n Is the basin free of bypass lines or structures to the natural environment? ■ n ❑ n Is the basin free of excessive grease? ■ n n n Are all pumps present? ■ n n n Are all pumps operable? ■ ❑ n n Are float controls operable? ■ n n n Are audible and visual alarms operable? ■ n n n # Is basin size/volume adequate? ■ n ❑ n Comment: Alarms were checked during the inspection and were operable. Record Keeping Yes No NA NE Are records kept and maintained as required by the permit? ■ n n n Is all required information readily available, complete and current? ■ n n n Are all records maintained for 3 years (lab. reg. required 5 years)? n n n ■ Are analytical results consistent with data reported on DMRs? n n n ■ Is the chain -of -custody complete? n n n ■ Dates, times and location of sampling n Name of individual performing the sampling n Page # 3 Permit: NCO088056 Owner- Facility: Blacksmith Run Inspection Date: 06/09/2009 Inspection Type: Compliance Evaluation Record Keeping Results of analysis and calibration Dates of analysis Name of person performing analyses Transported COCs Are DMRs complete: do they include all permit parameters? Has the facility submitted its annual compliance report to users and DWQ? (If the facility is = or > 5 MGD permitted flow) Do they operate 24/7 with a certified operator on each shift? Is the ORC visitation log available and current? Is the ORC certified at grade equal to or higher than the facility classification? Is the backup operator certified at one grade less or greater than the facility classification? Is a copy of the current NPDES permit available on site? Facility has copy of previous year's Annual Report on file for review? Comment: Aeration Basins Mode of operation Type of aeration system Is the basin free of dead spots? Are surface aerators and mixers operational? Are the diffusers operational? Is the foam the proper color for the treatment process? Does the foam cover less than 25% of the basin's surface? Is the DO level acceptable? Is the DO level acceptable?(1.0 to 3.0 mg/1) Comment: Secondary Clarifier Is the clarifier free of black and odorous wastewater? Is the site free of excessive buildup of solids in center well of circular clarifier? Are weirs level? Is the site free of weir blockage? n n n ■nnn ennn ❑❑■n ■nnn ■nnn ■n❑❑ ■nnn ■nnn Ext. Air Diffused ■nnn nn■n ■nnn ■nnn ■nnn nnn® nnn■ Page # 4 Permit: NCO088056 Owner- Facility: Blacksmith Run Inspection Date: 06/09/2009 Inspection Type: Compliance Evaluation Secondary Clarifier Yes No NA NE Is the site free of evidence of short-circuiting? ®❑ ❑ ❑ Is scum removal adequate? ■ ❑ n ❑ Is the site free of excessive floating sludge? ■ ❑ ❑ ❑ Is the drive unit operational? ❑ ❑ ■ ❑ Is the return rate acceptable (low turbulence)? ■ ❑ n ❑ Is the overflow clear of excessive solids/pin floc? ■ n ❑ ❑ Is the sludge blanket level acceptable? (Approximately % of the sidewall depth) ❑ ❑ ❑ ■ Comment: Disinfection - UV Yes No NA NE Are extra UV bulbs available on site? ■ ❑ ❑ ❑ Are UV bulbs clean? ■ ❑ n ❑ Is UV intensity adequate? ■ ❑ ❑ ❑ Is transmittance at or above designed level? ■ n ❑ ❑ Is there a backup system on site? n ■ n n Is effluent clear and free of solids? ■ n ❑ ❑ Comment: Operator stated he cleans the bulbs every other month. Flow Measurement - Effluent Yes No NA NE # Is flow meter used for reporting? ■ ❑ n ❑ Is flow meter calibrated annually? ❑ ■ n n Is the flow meter operational? ■ n n n (If units are separated) Does the chart recorder match the flow meter? ❑ n n ■ Comment: The flow meter has not been calibrated since the facility opened in 2006. Effluent Pipe Yes No NA NE Is right of way to the outfall properly maintained? ❑ ■ n n Are the receiving water free of foam other than trace amounts and other debris? n ❑ ❑ ■ If effluent (diffuser pipes are required) are they operating properly? ❑ n n Comment: Access path to the effluent discharge pipe should be maintained. Standby Power Yes No NA NE Is automatically activated standby power available? ■ n ❑ n Is the generator tested by interrupting primary power source? ■ n n . n Page # 5 Permit: NCO088056 Inspection Date: 06/09/2009 Owner - Facility: Blacksmith Run Inspection Type: Compliance Evaluation Standby Power Is the generator tested under load? Was generator tested & operational during the inspection? Do the generator(s) have adequate capacity to operate the entire wastewater site? Is there an emergency agreement with a fuel vendor for extended run on back-up power? Is the generator fuel level monitored? . Comment: Operator stated that the Maybin Company services the generator. The generator "self -tests" weekly. Operator watches the propane fuel level. Yes No NA NE ■ ❑ ❑ ❑ n■nn ■ n n n n n n ■ ■ n n n Page # 6 Cantwell, Janet e ; / c� From: Robert Barr [RBarr@rpbsystems.com] Sent: Thursday, June 11, 2009 2:32 PM To: Cantwell, Janet Cc: rswilling@charter.net Subject: Blacksmith Attachments: image001.jpg; Bob Barr.vcf Janet, I spoke with the UV representative yesterday and wanted to relay the normal readings from the intensity meters. The meter reads from 0 to 14. When it falls below 1.6 the meter will flash 1.6 and it's the time to clean the lights. We normally see 7-8 range on site. Rick cleans every other month about the time he samples as part of his work. FYI Bob Barr Mal RP& Svstems, inc. i conszructron "Al Contract Operations; 828; 251 1900 r �. �.� f328;r 2���r•1+'l1: t, �i�°i� rbi1Srl-rpb8jste m s•ccni ' F.O. Brix 1325 she ilie, !al" 28802 v;vA%-.. pbsv,_t4mr,.com 1 cv� 2009 FT :-y 1 IT System Performance Annual Rep , , v ma _" ` - Wastewater Treatment Facility MAR 0 4 2010 I. General Information • Facility/System Name: Blacksmith Run R 'bl E ti Vista Developers :r\'.f4��Y.t)r-Ytd�SiLvk.}e'fb� Y1. 1. "•• • esponsi e n ty. `' `- d APR 16 2010 r • person in Charge: Ed Nunez ...: WATER QUALITY SECTION r; "- c. t ASH_EVILLE REGIONAL_ OFFIO i • Telephone Number: (828) 698-2400 • Contract Operator in Responsible Charge: RPB Systems Inc. -Robert Barr Telephone Number: (828) 251-1900 Applicable Permit: NPDESN2008W56 Expires 10/31/2010 • Description of Treatment System: The Blacksmith Run wastewater treatment system is a 0.089 MGD wastewater treatment plant. This facility is located at the Blacksmith Run WWTP, 3635 Chimney Rock Road, Hendersonville, NC. The ultraviolet treated effluent discharges into Lewis Creek, part of the French Broad River Basin which is classified as C-Trout waters. II. Performance • Summary of System Performance for 2009: This facility is well maintained and in good operational condition. Records are being maintained as required by their NPDES permit. The treatment facility experienced no overflows or spills during 2009. Page 1 of 3 • 2009 Monthly Compliance Summary • January 2009-Compliant • February 2009-Compliant • March 2009-Compliant • April 2009-Compliant • May 2009-Compliant • June 2009-Compliant • July 2009-Compliant • August 2009-Compliant • September 2009-Compliant • October 2009-Compliant • November 2009-Compliant December 2009-Compliant • Listed below are monthly Discharge Monitoring Report parameters as reported to the Division of Water Quality in 2009. Flow BOD TSS NH3N Fecal Jan No Flow Feb No Flow Mar 0.0071 2.4 6.0 1.5 2.0 April 0.010 4.6 5 0.1 2.0 May No Flow June No Flow July No Flow Aug0.012 6.4 5.6 0.13 2.0 Set 0.0009 4.8 13.1 0.3 2.0 Oct No Flow Nov 0.014 5.0 8.7 2.6 2.0 Dec 0.011 2.0 8.3 0.83 2.0 10/35 mg/I Summer 25/35 0.089 30/45 30/45 mg/I 200/400 Permit Limits MGD m /I m /I Winter col/100 ml Page 2 of 3 ® Corrective Actions: No corrective actions were required during 2009. ® Environmental Impact: No environmental impact was observed from this treatment facility during 2009. III. Notification All homeowners at Blacksmith Run will be mailed a copy of this report. IV. Certification certify under penalty of law that this report is accurate and complete to the best of my knowledge. I further certify that this report has been made available to the users or customers of this system and that those users have been notified of its availability. I am aware that there are significant penalties for submitting false information. VOVZ!��c Signature Z 2% (a Date Page 3 of 3 United States Environmental Protection Agency Form Approved, EPA Washington, D.C. 20460 OMB No. 2040-0057 Water Compliance Inspection Report Approval expires 8-31-98 Section A: National Data System Coding (i.e., PCS) Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type 1 I NI 2 i 51 3I NCO088056 111 121 08/09/29 117 181 CI 19I sI 20I II Remarks 21111111illlli111111lilllilillliliilllililll1111Ill Inspection Work Days Facility Self -Monitoring Evaluation Rating 131 QA --------------------------- Reserved ---------------------- 67I 1. o 169 701 I 711 i 721 NI 731 I 174 751 I I I I I I i 80 I I Section B: Facility Data Name and Location of Facility Inspected (For Industrial Users discharging to POTW, also include Entry Time/Date Permit Effective Date POTW name and NPDES permit Number) 03:00 PM 08/09/29 05/11/01 Blacksmith Run Exit Time/Date Permit Expiration Date 525 N Main St Hendersonville NC 28792 03:30 PM 08/09/29 10/10/31 Name(s) of Onsite Representative(s)lTitles(s)/Phone and Fax Number(s) Other Facility Data Name, Address of Responsible Official/Title/Phone and Fax Number Contacted Ed Nunez,525 N Main St Hendersonville NC 28792//828-698-2400/ No Section C: Areas Evaluated During Inspection (Check only those areas evaluated) Permit Section D: Summary of Finding/Comments Attach additional sheets of narrative and checklists as necessary) (See attachment summary) Name(s) and Signature(s) of Inspector(s) Agency/Office/Phone and Fax Numbers Date Wanda P Frazier ARO WQ//828-296-4500 Ext.4662/ Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date EPA Form 3560-3 (Rev 9-94) Previous editions are obsolete. Page # 1 NPDES yr/mo/day Inspection Type 3I NCO088056 I11 12I 08/09/29 I17 181 CI Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary) This facility has not been constructed. Page # 2 �01 O'Lf- 3502 Mapped and edited by Tennessee Valley Authority �oW Published by the Geological Survey J el Control by USC&GS, USGS, and TVA o�ti� SUyhw Topography by USGS by photogrammetric methods. �ye Map field checked by TVA, 1946 Polyconic projection. 1927 North American datum 10,000 foot grid based on North Carolina rectangular coordinate system 1000-metre Universal Transverse Mercator Grid ticks, Zone 17, shown in blue Revisions shown in purple and recompilation of woodland areas compiled by the Tennessee Valley Authority from aerial photographs taken 1969. This information not field checked Fine purple dashed lines indicate selected fence and field lines visible on aerial photographs. This information is unchecked MN GIN 1�° 27 MILS 0°46' 14 MILS UTM GRID AND 1969 MAGNETIC NORTH DECLINATION AT CENTER OF SHEET Map photoinspected 1987 No major culture or drainage changes observed I `' M 9 I J� 1 • •li i - 'I' � 1 I III J.1 jil fS 97a " -5 3% 1 1, i. tw �z7L cr!I P =:tRPBstems Construction Services • Contract Operations • Maintenance July 24, 2018 Mr. Landon Davidson NCDENR-Water Quality Section 2090 U.S. Hwy 70 Swannanoa, NC 28778 D"As zo,n of IA: alc; Resources g JUL 2 7 2018 i fate= Qurzll P(,q . �a1 CsneatiQns Re: Notice of Violation NOV-2018-LV-0526 NPDES Permit NCO088056 Blacksmith Run Henderson County Dear Mr. Davidson, This letter is written on be of Vista Developers at Blacksmith Run to provide information as to remedial action taken to the above referenced facility per your July 19th, 2018 letter attached. We have had daily maximum BOD violations for March, April, May, and now June 2018. We do not know the reason for these spikes but coincide with very high influent BODs we collected -on 5/24/18 of 6130 mg/L, 6/19/18 of 1230 mg/, and 950 mg/L on 7/10/18.. Package plants are designed for only domestic waste loading of 200-250 mg/L influent BOD. The site is rapidly,being built out by the developer and have asked if they are aware of any toxic waste being dumped into the system of which they do not. Other violations listed in the EDMR process in your letter, Composite sampling times will be entered to correct these errors. We were only informed recently in June NOV to report the composite times and duration on the electronic filing. I trust you will call if you have any questions or concerns. ROW $r." Robert Barr P.O. Box 1325 Asheville, N.C. 28802 (828)-251-1900 (828)-251-1945 Certified Mail # 7017 2620 0000.9759 4612 Return Receipt Requested July 19, 2018 Ed Nunez, Registered Agent Vista Developers, LLC 525 N Main St Hendersonville,, NC 28792 SUBJECT: NOTICE OF VIOLATION & INTENT TO .ASSESS CIVIL PENALTY Tracking Number: NOV-2018-LV-0526 Permit No. NCO088056 Blacksmith Run WWTP Henderson County Dear Permittee: A review of the May 2018 Discharge Monitoring Report (DMR) for the subject facility revealed the violation(s) indicated below: Limit Exceedance Violation(s): Sample ' Limit Reported Location Parameter ©ate Value Value Type of Violation 001 Effluent BOD, 5-Day (20 Deg. C) - 5/1/2018 45 69.5 Daily Maximum Exceeded Concentration (C0310) 001 Effluent BOD, 5-Day (20 Deg. C) - 5/1.5/2018 45 80.7 Daily Maximum Exceeded Concentration (C0310). 001 Effluent BOD, 5-Day (20 Deg. C) - 5/22/2018 45 82.1 Daily Maximum Exceeded. Concentration (C0310) 001 Effluent BOD, 5-Day (20 Deg. C) - 5/31/2018 30 34.01 Monthly Average Exceeded Concentration (CO3.10) Other Violation(s): Type of Violation Date Violation Description Permit conditions violation 5/31/2018 Failure to enter Composite Sampling Time & Total Composite Time. State of North Carolina I Environmental Quality I Water Resources 2090 US_ 70 Highway, Swannanoa, NC 28778. 828-296-4500 i i P Notice of Violation/Intent to Issue Civil Penalty is being issued for the noted violation of North Carolina General Statute (G.S.) 143-215.1 and the facility's NPDES WW Permit. Pursuant to G.S. 143-215.6A, a civil penalty of not more than twenty-five thousand dollars ($25,000.00) may be assessed against any person who violates or fails to act in accordance with the terms, conditions, or requirements of any permit issued pursuant to G.S. 143-215.1. If you wish to provide additional information regarding the noted violation, request technical assistance, or discuss overall compliance please respond in writing within ten (10), business days after receipt of this Notice. A review of your response will be considered along with any information provided on the submitted Monitoring Report(s). You will then be notified of any civil penalties that maybe assessed regarding the violations. If no response is received in this Office within the 10-day period, a civil penalty assessment may be prepared. Remedial actions should have already been taken to correct this problem and prevent further occurrences in the future. The Division of Water Resources may pursue enforcement action for this and any additional violations of State law. If the violations are of a continuing nature, not related to operation and/or maintenance problems, and you anticipate remedial construction activities, then you may wish to consider applying for a Special Order by Consent. Reminder: Pursuant to Permit Condition 6 in Section E, the Permittee is required to verbally notify the Regional Office as soon as possible, not to exceed 24 hours, from first knowledge of any non-compliance at the facility including limit violations, bypasses of, or failure of a treatment unit. A written report may be required within 5 days if directed by Division staff. Prior notice should be given for anticipated or potential problems due to planned maintenance activities, taking units off line, etc. If you have any questions conceming this matter, please contact Janet Cantwell of the Asheville Regional Office at 828-296-4500. Sincerely, ;0C Z�i�"'f�cwrt�� BF6E55D512AE438... For: G. Landon Davidson, P.G., Regional Supervisor Water Quality Regional Operations Section Asheville Regional Office Division of Water Resources, NCDEQ Ec: DWQ Laserfiche G:\WR\WQ�HendersonXWastewater\Minors\Blacksmith Run 88056120180719_NC0088056_NOVN012018LV0526.rtf NPDES PERMIT NO.: NCO088056 FACILITY NAME: Blacksmith Run WWTP OWNER NAME: Vista Developers, LLC GRADE: WW-2 eDMR PERIOD: 05-2018 (May 2018) PERMIT VERSION: 3.0 CLASS: WW-2 ORC: Richard Morgan Swilling. ORC HAS CHANGED: No VERSION: 1.0 PERMIT STATUS: Active COUNTY: Henderson ORC CERT NUMBER: 985285 STATUS: Processed SAMPLING LOCATION: EFFLUENT DISCHARGE NO.: 001 NO DISCHARGE*: NO 16. 1: P g 8 g o° UF' O � ii x 50050 00010 00400 50060 C0310 C0610 C0530 31616 C0600 Continuous Weekly Weekly Weekly Weekly Weekly Weekly Weekly Semi-annually Recorder Grab Grab Crab Composite Composite Grab Crab Composite FLOW TEMP-C pH CHLORINE BOD - Co NH3-N - Conc TSs - Cone FCOLI BR TOTAL N - ork 2400 clock Hrs Y/BIN mgd deg c su ug/l mg/1 mg/l mg/l #/100ml mg/l 1 1025 0.75 Y 0.00323 15.7 7 < 10 69.5 0A4 < 2.7 1<1 2 1450 0.42 Y 0.00865 < 10 3 1220 0.33 Y 0.00669 < 10 4 1400 0.42 Y 0.00671 < 10 5 0.00503 6 0.00503 7 1355 0.75 Y 0.00503 < 10 8 1010 0.58 Y - - 0.00246 18.1 7 < 10 5.8 0.13 <2.8 < 1 9 1515 0.33 Y 0.0101 < 10 10 1225 0.33 Y 0.0074 < 10 11 1045 10.42 Y 0.00332 < 10 12 0.00649 13 0.00649 - 14 1350 0.92 Y 0.00649 < 10 15 0950 0.67 Y 0.00146 21.7 7.1 < 10 80.7 0.18 <2.6 < 1 16 1410 0.58 Y 0.02383 < 10 17 1035 0.67 Y 0.01045 < 10 < 2 18 11430 10.33 Y 0.01045 - < 10 19 0.02012 20 0.02012 21 1410 0.25 Y 0.02012 < 10 22 1005 0.67 Y 0.00547 21 6.8 < 10 82.1 < 0.1 < 2.8 < 1 23 1445 10.42 Y 0.01369 < 10 24 1225 1.17 Y 0.00986 <10 <2 25 1415 0.42 Y 0.00784 < 10 26 0.01337 27 0.01337 28 1 1440 10.33 Y 1 0.01337 1 < 10 29 1450 0.50 Y 0.03211 < 10 30 1525 0.83 Y 0.06143 < 10 31 1220 0.50 Y 0.04351 20.6 6.9 <10 <2 <0.1 <2.6 <I Monthly Average Limit: 0.089 30 7 30 200 Monthly Average: 0.013022 19.42 0 34.014286 0.09 0 1 Daily Mnimum• • 0.06143 21.7 7.1 0 82.1 0.18 0 0 Daily Minimum: 0.00146 15.7 16.8 0 - 0 10 0 0 ****No Reporting Reason: ENFRUSE = No Flow-Reuse/Recycle; ENV WTHR = No Visitation- Adverse Weather; NOFLOW = No Flow; HOLIDAY = No Visitation -Holiday N� y NPDES PERMIT NO.: NCO088056 FACILITY NAME: Blacksmith Run WWTP OWNER NAME: Vista Developers, LLC GRADE: WW-2 eDMR PERIOD: 05-2018 (May 2018) COMPLIANCE STATUS: Non -Compliant PERMIT VERSION: 3.0 CLASS: WW-2 ORC: Richard Morgan Swilling ORC HAS CHANGED: No VERSION: 1.0 CONTACT PHONE #: 8282511900 PERMIT STATUS: Active COUNTY: Henderson ORC CERT NUMBER: 985285 STATUS: Processed SUBMISSION DATE: 06/21/2018 06/21/2018 ORC/Certifier Signature: Richard Morgan Swilling E-Mail:rswilling@rpbsystems. corn Phone #:828-251-1900 Date By this signature, I certify that this report is accurate and complete to the best of my knowledge. 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. If the facility is noncompliant, please attach a list of corrective actions being taken and a time -table for improvements to be made as required by part II.E.6 of the NPDES permit. 06/21/2018 Permittee/Submitter Signature:*** Robert Patrick Barr E-Mail:rbarr@rpbsystems.com Phone #:828-251-1900 Date Permittee Address: Off Chimney Rock Rd Edneyville NC 28727 Permit Expiration Date: 10/31/2020 I certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who managed 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. LAB NAME: Pace CERTIFIED LAB #: 40 PERSON(s) COLLECTING SAMPLES: Rick Swilling CERTIFIED LABORATORIES PARAMETER CODES Parameter Code assistance may be obtained by calling the NPDES Unit (919) 807-6300 or by visiting http://portal.ncdenr.org/web/wq/swp/ps/npdes/forms. FOOTNOTES Use only units of measurement designated in the reporting facility's NPDES permit for reporting data. * No Flow/Discharge From Site: Check this box if no discharge occurs and, as a result, there are no data to be entered for all of the parameters on the DMR for entire monitoring period. ** ORC on Site?: ORC must visit facility and document visitation of facility as required per 15A NCAC 8G .0204. *** Signature of Permittee: If signed by other than the permittee, then delegation of the signatory authority must be on file with the state per 15A NCAC 2B .0506(b)(2)(D). NPDES PERMIT NO.: NC0088056 FACILITY NAME: Blacksmith Run WWTP OWNER NAME: Vista Developers, LLC GRADE: WW-2 eDMR PERIOD: 05-2018 (May 2018) Report Comments: PERMIT VERSION: 3.0 CLASS: WW-2 ORC: Richard Morgan Swilling ORC HAS CHANGED: No VERSION: 1.0 Spikes in effluent BOD coincided with elevated influent BOD's. Adjusted air and resampled during month. PERMIT STATUS: Active COUNTY: Henderson ORC CERT NUMBER: 985285 STATUS: Processed } � G an st it�lati5n r" igrrltaring��liolair r s. ' Reporting �"ibfatlor Ltiher �oCahon� DeaiPermit�C0088056° SOC., AD: MonitoringRepor05-2018 ls i�L_ I Facillt; Bfaeksmith Run liP Details K Regian: trevilter County: H•endersorr 1 } , " _ Owner. rsta bevelbpers',' _G Maintain_._ Incident Detazlsw Inspect D#: Details .. F.Aciliiy;ReportedAk k Compliant r Non -Compliant [otReported 0 is sign Reportiype:, DMR_ °sflulf*Ltrcatizrn `*Parameter ! P.Date Manuaf Descaptron SDG Lirrut ! Calcu „ Unit i3ver ,.�• trorr 001 Effluent BOD, 5-Day (2__ 05101/2018 Ej Daily Maximum _ 45 69.5 _ mg/l 54.444 1 I 001 Effluent BOD, 5-Day (2__ 05115/2018 Daily l0a)lmum __ E] 45 80.7 _ mg1l 79.333._ { 001 Effluent BOD, 5-Day (2_ 052212018 © Daily Maximum 0 45 82.1 _ mgA 82.444_ 001 Effluent BOD, 5-Day(2_ 05131i2018 MenthlyAverage E] 30 34.01 _ mg!] 13390 __ Adtt m - 'EiiiD a E, l 4 ztti SM. !I!j w•` ,..,-x .. a y n:.,... wnu.T - IrFtat+ ifcD IrJtt�te.l i(�._. Ifctt En#oke,t . 7-7 10fat Lersrarsct Sayreecaiculate , CIaiR I ;� Heip Finish„ Cancelk �tLrrnttVralatJonS found Ready - SI1 VLLP' 2C26A81 C-32E3-4E08-953F-9863807DE409 rb,SignEnvelope ID I20Y'COaPEFt Gati>,. MIC HAEL, &- REGAN acrst LINIIA CULPEPPER :Tntsr,i7trsatai- ` Certified Mail # 7017 2620 0000 9759 3783 Return Receipt Requested October 29, 2018 Ed Nunez, Registered Agent Vista Developers, LLC 525 N Main St Hendersonville, NC 28792 SUBJECT: Notice of Violation and Assessment of Civil Penalty for Violations of North Carolina General Statute (G.S.) 143 -215. 1 (a)(6) and NPDES WW Permit No. NCO088056 Vista Developers, LLC Blacksmith Run WWTP Case No. LV-2018-0240 Henderson County Dear Permittee: This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $418.68 ($300.00 civil penalty + $118.68 enforcement costs) against Vista Developers, LLC. This assessment is based upon the following facts: a review has been conducted of the Discharge Monitoring Report (DMR) submitted by Vista Developers,_ LLC for the month of May 2018. This review has shown the subject facility to be in violation of the discharge limitations and/or monitoring requirements found in NPDES WW Permit No. NC0088056. The violations, which occurred in May 2018, are summarized in Attachment A to this letter. Based upon the above facts, I conclude as a matter of law that Vista Developers, LLC violated the terms, conditions or requirements of NPDES WW Permit No. NCO088056 and G.S. 143-215.1(a)(6) in the manner and extent shown in Attachment A. In accordance with the maximums established by G.S. 143-215.6A(a)(2), a civil penalty maybe assessed against any person who violates the terms, conditions or requirements of a permit required by G.S. 143-215.1(a). --D`9 Q North Carolina Department of Environmental Quality I Division of Water Resources 2090 U.S. 70 Highway, Swannanoa, NC 28778 828-296-4500 DocuSign Envelope ID: 2C26A81C-32E3-4E08-953F-9863807DE409 '14 Based upon the above findings of fact and conclusions of law, and in accordance with authority provided by the Secretary of the Department of Environmental Quality and the Director of the Division of Water Resources, I, G. Landon Davidson, P.G., Regional Supervisor, Asheville Regional Office hereby make the following civil penalty assessment against Vista Developers, LLC: $300.00 3 of 3 violations of G.S. 143-215.1(a)(6) and Permit No. NC0088056, by discharging waste water into the waters of the State in violation of the Permit Daily Maximum for BOD, 5-Day (20 Deg. C) - Concentration $0.00 0 of 1 violations of G.S. 143-215.1(a)(6) and Permit No. NC0088056, by discharging waste water into the waters of the State in violation of the Permit Monthly Average for BOD, 5-Day (20 Deg. C) - Concentration $0.00 For 0 of the 1 other violations of Permit No. NC0088056. $300.00 TOTAL CIVIL PENALTY $118.68 Enforcement Costs $418.68 TOTAL AMOUNT DUE Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty I have taken into account the Findings of Fact and Conclusions of Law and the factors set forth at G.S. 143B-282. I (b), which are: (1) The degree and extent of harm to the natural resources of the State, to the public health, or to private property resulting from the violation; (2) The, duration and gravity of the violation; (3) The effect on ground or surface water quantity or quality or on air quality; (4) The cost of rectifying the damage; (5) The amount of money saved by noncompliance; (6) Whether the violation was committed willfully or intentionally; (7) The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority; and (8) The cost to the State of the enforcement procedures. Within thirty (30) days of receipt of this notice, you must do one of the following: (1) Submit payment of the penalty, OR (2) Submit a written request for remission, OR (3) Submit a written request for an administrative hearing Option 1: Submit payment of the penalty: Payment should be made directly to the order of the Department of Environmental Quality (do not include waiver form). Payment of the penalty will not foreclose further enforcement action for any continuing or new violation(s). Please submit payment to the attention of. Wastewater Branch Division of Water Resources 1617 Mail Service Center Raleigh, North Carolina 27699-1617 „Sign Envelope ID: 2C26A81C-32E3-4E08-953F-9863807DE409 Option 2: Submit a written request for remission or mitigation including a detailed justification for such request: Please be aware that a request for remission is limited to consideration of the five factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual statements contained in the civil penalty assessment document. Because a remission request forecloses the option of an administrative hearing, such a request must be accompanied by a waiver of your right to an administrative hearing and a stipulation and agreement that no factual or legal issues are in dispute. Please prepare a detailed statement that establishes why you believe the civil penalty should be remitted, and submit it to the Division of Water Resources at the address listed below. In determining whether a remission request will be approved, the following factors shall be considered: (1) whether one or more of the civil penalty assessment factors in NCGS 143B-282. 1 (b) was wrongfully applied to the detriment of the petitioner; (2) whether the violator promptly abated continuing environmental damage resulting from the violation; (3) . whether the violation was inadvertent or a result of an accident; (4) whether the violator had been assessed civil penalties for any previous violations; or (5) whether payment of the civil penalty will prevent payment for the remaining necessary remedial actions. Please note that all evidence presented in support of your request for remission must be submitted in writing. The Director of the Division of Water Resources will review your evidence and inform you of his decision in the matter of your remission request. The response will provide details regarding the case status, directions for payment, and provision for further appeal of the penalty to the Environmental Management Commission's Committee on Civil Penalty Remissions (Committee). Please be advised that the Committee cannot consider information that was not part of the original remission request considered by the Director. Therefore, it is very important that you prepare a complete and thorough statement in support of your request for remission. In order to request remission, you must complete and submit the enclosed "Request for Remission of Civil Penalties, Waiver of Right to an Administrative Hearing, and Stipulation of Facts” form within thirty (30) days of receipt of this notice. The Division of Water Resources also requests that you complete and submit the enclosed "Justification for Remission Request." Both forms should be submitted to the following address: Wastewater Branch Division of Water Resources 1617 Mail Service Center Raleigh, North Carolina 27699-1617 DocuSign Envelope ID: 2C26A81C-32E3-4E08-953F-9863807DE409 "41 Option 3: File a petition for an administrative hearing with the Office of Administrative Hearings: If you wish to contest any statement in the attached assessment document you must file a petition for an administrative hearing. You may obtain the petition form from the Office of Administrative Hearings.. You must file the petition with the Office of Administrative Hearings within thirty (30) days of receipt of this notice. A petition is considered filed when it is received in the Office of Administrative Hearings during normal office hours. The Office of Administrative Hearings accepts filings Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m., except for official state holidays. The petition may be filed by facsimile (fax) or electronic mail by an attached file (with restrictions) - provided the signed original, one (1) copy and a filing fee (if a filing fee is required by NCGS §15013-23.2) is received in the Office of Administrative Hearings within seven (7) business days following the faxed or electronic transmission. You should contact the Office of Administrative Hearings with all questions regarding the filing fee and/or the details of the filing process. The mailing address and telephone and fax numbers for the Office of Administrative Hearings are as follows: 6714 Mail Service Center Raleigh, NC 27699 6714 Tel: (919) 431-3000 Fax: (919) 431-3100 One (1) copy of the petition must also be served on DEQ as follows: Mr. William F. Lane, General Counsel Department of Environmental Quality 1601 Mail Service Center Raleigh, North Carolina 27699-1601 Please indicate the case number (as found on page one of this letter) on the petition. Failure to exercise one of the options above within thirty (30) days of receipt of this letter, as evidenced by an internal date/time received stamp (not a postmark), will result in this matter being referred to the Attorney General's Office for collection of the penalty through a civil action. Please be advised that additional penalties may be assessed for violations that occur after the review period of this assessment. If you have any questions, please contact Janet Cantwell with the Division of Water Resources staff of the Asheville Regional Office at (828) 296-4667 or via email atjanet.cantwell@ncdenr.gov. Sincerely, DocuSigned by: Ep�� 7E6'17A38285848C... G. Landon Davidson, P.G., Regional Supervisor Water Quality Regional Operations Section Asheville Regional Office Division of Water Resources, NCDEQ ATTACHMENTS Ec: DWQ Laserfiche C;:\4YR`.WQlHender un�.Wustu++.3ter _itinors`:L3lacksmith Rmi 8805 t20]81029_�'C00880�6_LV20180240.rV VIIsig, Envelope ID: 2C26A81C-32E3-4E08-953F-9863807DE409 JUSTIFICATION FOR REMISSION REQUEST Case Number: LV-2018-0240 County: Henderson Assessed Party: Vista Developers, LLC/ Blacksmith Run Permit No.: NC0088056 Amount Assessed: $418.68 Please use this form when requesting remission of this civil penalty. You must also complete the "Request For Remission, Waiver of Right to an Administrative Hearing, and Stipulation of Facts" form to request remission of this civil penalty. You should attach any documents that you believe support your request and are necessary for the Director to consider in evaluating your request for remission. Please be aware that a request for remission is limited to consideration of the f ve factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper .procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual statements contained in the civil penalty assessment document. Pursuant to N.C.G.S. § 143B-282.1(c), remission of a civil penalty may be granted only when one or more of the following five factors apply. Please check each factor that you believe applies to your case and provide a detailed explanation, including copies of supporting documents, as to why the factor applies (attach additional pages as needed). (a) one or more of the civil penalty assessment factors in N.C.G.S. 14313-282.1(b) were wrongfully applied to the detriment of the petitioner (the assessment factors are listed in the civil penalty assessment document); (b) the violator promptly abated continuing environmental damage resulting from the violation (i.e., explain the steps that you took to correct the violation and prevent future occurrences); (c) the violation was inadvertent or a result of an accident (i.e., explain why the violation was unavoidable or something you could not prevent or prepare for); (d) the violator had not been assessed civil penalties for any previous violations; (e) payment of the civil penalty will prevent payment .for the remaining necessary remedial actions (i. e., explain how payment of the civil penalty will prevent you from performing the activities necessary to achieve compliance). EXPLANATION: DocuSign Envelope ID: 2C26A81C-32E3-4E08-953F-9863807DE409 '14 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY COUNTY OF HENDERSON IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND STIPULATION OF FACTS Vista Developers, LLC ) Blacksmith Run WWTP 1 PERMIT NO. NCO088056 ) CASE NO. LV-2018-0240 Having been assessed civil penalties totaling $418.68 for violation(s) as set forth in the assessment document of the Division of Water Resources dated October 29, 2018, the undersigned, desiring to seek remission of the civil penalty, does hereby waive the right to an administrative hearing in the above -stated matter and does stipulate that the facts are as alleged in the assessment document. The undersigned further understands that all evidence presented in support of remission of this civil penalty must be submitted to the Director of the Division of Water Resources within thirty (30) days of receipt of the notice of assessment. No new evidence in support of a remission request will be allowed after (30) days from the receipt of the notice of assessment. This the day of 520 SIGNATURE ADDRESS TELEPHONE ocuSign Envelope ID: 2C26A81C-32E3-4E08-953F-9863807DE409 ATTACHMENT A Vista Developers, LLC CASE NUMBER: LV-2018-0240 PERMIT: NCO088056 REGION: Asheville FACILITY: Blacksmith Run WWTP COUNTY: Henderson LIMIT VIOLATION(S) SAMPLE LOCATION: Outfall 001 -Effluent Violation Report Unit of Limit Calculated % Over Violation Penalty Date Month/Yr Parameter Frequency Measure Value Value Limit Type Amount 5/1/2018 5-2018 BOD, 5-Day (20 Deg. Weekly mg/I 45 69.5 54.4 Daily $100.00 C) - Concentration Maximum Exceeded 5/15/2018 5-2018 BOD, 5-Day (20 Deg. Weekly mg/I 45 80.7 79.3 Daily $100.00 C) - Concentration Maximum Exceeded 5/22/2018 5-2018 BOD, 5-Day (20 Deg. Weekly mg/I 45 82.1 82.4 Daily $100.00 . C) - Concentration Maximum Exceeded 5/31/2018 5-2018 BOD, 5-Day (20 Deg. Weekly mg/I 30 34.01 13.4 Monthly $0.00 C) - Concentration Average Exceeded rclsig, Envelope ID: 2C26A81C-32E3-4E08-953F-9863807DE409 DIVISION OF WATER RESOURCES - CIVIL PENALTY ASSESSMENT (File) Violator: Vista Developers, LLC Facility Name: Blacksmith Run WWTP Permit Number: NCO088056 County: Henderson Case Number: LV-2018-0240 ASSESSMENT FACTORS 1) The degree and extent of harm to the natural resources of the State, to the public health, or to private property resulting from the violation; All effluent violations may be detrimental.to the receiving stream but may not be immediately quantified. 2) The duration and gravity of the violation; Three Daily Max BODs exceeded the permit limit. by 54.4%, 79.3% & 82.4%. One Monthly Average BOD exceeded the permit limit by 13.3%. 3) The effect on ground or surface water quantity or quality or on air quality; All effluent violations may be detrimental to the receiving stream but may not be immediately quantified. 4) The cost of rectifying the damage; The cost is unknown. 5) The amount of money saved by noncompliance; The amount of money saved is unknown.. The amount of money saved would include the cost of excess solids removal and additional aeration. It would also include more operating and maintenance time on site and the cost of additional chemical treatment. The amount of money saved would include the cost of collection of the additional samples and the cost of analyzing them at a certified lab. 6) Whether the violation was committed willfully or intentionally; It does not appear to be either. 7) The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority; and There have been no civil penalty enforcements in the twelve months prior to this violation. 8) The cost to the State of the enforcement procedures. $118.68 DocuSigned by: 10/29/2018 E 7E617A38285848C... Date G. Landon Davidson, P.G., Regional Supervisor Water Quality Regional Operations Section Asheville Regional Office Division of Water Resources, NCDEQ t�!'+aifer t+'esvure"�s} Certified Mail # 7017 2620 0000 9759 4612 Return Receipt Requested July 19, 2018 ,j'ggg�r I�IDA�CLJLPE€�PER; r ,,, :lsrtert� Ltrrc��r Ed Nunez, Registered Agent Vista Developers, LLC 525 N Main St Hendersonville, NC 28792 SUBJECT: NOTICE OF VIOLATION & INTENT TO ASSESS CIVIL PENALTY Tracking Number: NOV-2018-LV-0526 Permit No. NCO088056 Blacksmith Run WWTP Henderson County Dear Permittee: A review of the May 2018 Discharge Monitoring Report (DMR) for the subject facility revealed the violation(s) indicated below: Limit Exceedance Violation(s): Sample Limit Reported Location Parameter Date Value_ Value Type of Violation 001 Effluent BOD, 5-Day (20 Deg. C) - 5/1/2018 45 69.5 Daily Maximum Exceeded Concentration (C0310) 001 Effluent BOD, 5-Day (20 Deg. C) - 5/15/2018 45 80.7 Daily Maximum Exceeded Concentration (C0310) 001 Effluent BOD, 5-Day (20 Deg. C) - 5/22/2018 45 82.1 Daily Maximum Exceeded Concentration (C0310) 001 Effluent BOD, 5-Day (20 Deg. C) - 5/31/2018 30 34.01 Monthly Average Exceeded Concentration (C0310) Other Violation(s): Type of Violation Date Violation Description Permit conditions violation 5/31/2018 Failure to enter Composite Sampling Time & Total Composite Time. State of North Carolina I Environmental Quality I Water Resources 2090 U.S. 70 Highway, Swannanoa, NC 28778 828-296-4500 A Notice of Violation/Intent to Issue Civil Penalty is being issued for the noted violation of North Carolina General Statute (G.S.) 143-215.1 and the facility's NPDES WW Permit. Pursuant to G.S. 143-215.6A, a civil penalty of not more than twenty-five thousand dollars ($25,000.00) may be assessed against any person who violates or fails to act in accordance with the terms, conditions, or requirements of any permit issued pursuant to G.S. 143-215.1. If you wish to provide additional information regarding the noted violation, request technical assistance, or discuss overall compliance please respond in writing within ten (10) business days after receipt of this Notice. A review of your response will be considered along with any information provided on the submitted Monitoring Report(s). You will then be notified of any civil penalties that may be assessed regarding the violations. If no response is received in this Office within the 10-day period, a civil penalty assessment may be prepared. Remedial actions should have already been taken to correct this problem and prevent further occurrences in the future. The Division of Water Resources may pursue enforcement action for this and any additional violations of State law. If the violations are of a continuing nature, not related to operation and/or maintenance problems, and you anticipate remedial construction activities, then you may wish to consider applying for a Special Order by Consent. Reminder: Pursuant to Permit Condition 6 in Section E, the Permittee is required to verbally notify the Regional Office as soon as possible, not to exceed 24 hours, from first knowledge of any non-compliance at the facility including limit violations, bypasses of, or failure of a treatment unit. A written report may be required within 5 days if directed by Division staff. Prior notice should be given for anticipated or potential problems due to planned maintenance activities, taking units off-line, etc. If you have any questions concerning this matter, please contact Janet Cantwell of the .Asheville Regional Office at 828-296-4500. Sincerely, DocuSigned by: ?2r�e,we '7 _B 18F6E55D512AE438... For: G. Landon Davidson, P.G., Regional Supervisor Water Quality Regional Operations Section Asheville Regional Office Division of Water Resources, NCDEQ Ec: DWQ Laserfiche G:\WR\WQ\Henderson\Wastewater\Minors\Blacksmith Run 88056\20180719_NC0088056 NOVN012018LV0526.rtf \N qjF 'F L Michael F. Easley, Governor William G. Ross Jr., Secretary � �� �. N,o.rth,Carolina Department of Environment and Natural Resources -- Coleen H. Sullins, Director Division of'_Water Quality SURFACE WATER PROTECTION SECTION September 6, 2007 Mr. Nunez Vista Developers, LLC 525 N Main St Hendersonville, NC 28792 SUBJECT: Wastewater Collection System Owner & Operator Requirements Blacksmith Run NCO088056 Henderson County Dear Mr. Nunez: I would like to take this opportunity to discuss the requirements for sewerage collection systems that were first established in 15 NCAC .02H .0200 in March 2000 and are now found in 15 NCAC 2T .0403, Waste Not Discharged to Surface Waters, which became effective September 1, 2006. These Regulations place significant operation, maintenance and reporting requirements on those entities that own or operate a wastewater collection system with average daily flows of less than 200,000 gallons per day. These regulations are applicable to your facility. This letter is provided as guidance to assist you in complying with the new reporting and operations and maintenance (O&M) requirements and to advise you that you are subject to system review, inspections and possible enforcement, if the system is not in compliance with the regulation. For your convenience and easy reference, a highlight of these requirements- and the following guidance are offered (see enclosed). You may find the regulations using the following web site: http:/lh2o.enr.state.nc.us/peres/Collection%2OSvstems/CollectionSVstemsHome.html The Asheville Regional Office will be increasing the level of oversight, compliance activities and enforcement relating to collections systems, therefore, we wanted to be sure you are aware of the requirements for these systems. We will be performing NPDES Wastewater Collection System inspections sometime in the near future. NoithCarolina iNaturallry North Carolina Division of Water Quality 2090 US Hwy 70; Swannanoa, NC 28778 Phone (828) 296-4500 Internet: www..ncwaterquality.org Customer Service 1-877-623-6748 FAX (828) 299-7043 An Equal Opportunity/Affirmative Action Employer — 50% Recycled/10% Post Consumer Paper September 6, 2007 Page 2 of 2 If this Office has not previously inspected your wastewater collectionrsystem and records of same, you should be prepared to demonstrate compliance with all criteria listed above. Enclosed is an inspection form that you can use to assemble your records prior to an inspection by the staff of this Office. This Office has a Wastewater Treatment Plant Consultant on staff to offer assistance to you in complying with the requirements of these regulations. Should you have questions or need additional information regarding this issue, please contact Don Price at (828) 296-4500. Should you have any other questions concerning this correspondence or the requirements relating to collection systems, please contact Roy Davis or Keith Haynes at 828- 296-4500. Sincerely, Roger C. Edwards, Supervisor Surface Water Protection Section cc: Deborah Gore - PERCS Unit - w/out enclosures Rshevll`e Regionaf_Office�facility=fiil=_w/out�encl_osures DWQ - SWPS - Central Office Files - w/out enclosures ,r MEMO O� �qTF �'Michael F: Easley;KGovernbr O�pG William G. Ross Jr., Secretary s North Carolina Department.of Environment and Natural Resources it O Alan. W. Klimek, P.E., Director Division of Water Quality Asheville October 31, 2005 Blacksmith Run, LLC , C/o Mr. Stig Wennerstrom, President Catexor, Inc. Managing Member of Blacksmith Run, LLC 525 North Main Street Hendersonville, North Carolina 28792 Dear Mr. Wennerstrom: Subject: Permit No: WQ0029463 Blacksmith Run Wastewater Collection System Extension Henderson County In accordance with your application received on September 22, 2005, and additional information received on October 15, 2005 we are forwarding' herewith Permit No. WQ0029463, dated October 31, 2005 to Blacksmith Run; LLC for the construction and operation of the subject wastewater collection system extension. This permit shall be effective from the date of issuance until rescinded and shall be subject to the conditions and limitations as specified therein. This cover letter shall be considered a part of this permit and is incorporated therein by reference. - Please pay particular attention to Permit Condition 3 which requires that the wastewater collection facilities be properly operated and maintained in accordance with 15A NCAC 2H .0227 or -any individual system -wide collection system permit issued to the Permittee. Permitting of this project does not constitute an acceptance of any,part of the project that does not meet 15A NCAC 2H .0200; the Division of Water Quality's (Division) Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; and the Division's Minimum Design Criteria for the Fast -Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable, unless specifically mentioned herein. Division approval is based on acceptance of the certification provided by the North Carolina -licensed Professional Engineer named in the application. It shall be the Permittee's responsibility to ensure that the as -constructed project meets the appropriate design criteria and rules. Failure to comply may result in penalties in accordance with North Carolina General Statute §143-215.6A through §143-215.6C, construction of additional or replacement wastewater collection facilities, /and/or referral of the North Carolina -licensed Professional Engineer to the licensing board. Asheville Regional Office Internet http://h2o.enr.state.nc.us/ 2090 US Highway 70, Swannanoa, NC 28778 Telephone (828) 296-4500 Fax (828) 299-7043 onit NlzCarolina Naturally DENR Customer Service Center Telephone 1 800 623-7748 An Equal Opportunity Action Employer 50% recycled/10% post -consumer paper Blacksmith Run, LLC October 31, 2005 + r Page 2 In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina as amended, and other applicable Laws, Rules, and Regulations, permission is hereby granted to Blacksmith Run, LLC for the construction and operation of approximately 11,542 linear feet of 8-inch gravity sewer; a 136—gallon per minute pump station with duplex pumps, on -site audible and visual high water alarms, and a portable generator with telemetry and wet well storage; a 218—gallon per minute pump station with duplex pumps, on site audible and visual high water alarms, a portable generator with telemetry and wet well storage as well as approximately 1,510 linear feet of 4-inch force main to serve Blacksmith Run, a residential community and the discharge of 89,000 gallons per day of collected domestic wastewater into the proposed Blacksmith Run sewage treatment plant, pursuant to the application received on September 22, 2005 and in conformity with 15A NCAC 2H .0200; the Division's Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast -Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable; and other supporting data subsequently filed and approved by the Department of Environment and Natural Resources and considered a part of this permit. The sewage and wastewater collected by this system shall be treated in the proposed Blacksmith Run Wastewater Treatment Facility (Permit No. NC0088056) prior to being discharged into the receiving stream. No residence will be hooked onto this sewage collection system until the sewage treatment plant to serve Blacksmith Run is completed, inspected by a representative of the Asheville Regional Office and written permission granted to make hookups. The Operational Agreement between the Permittee and the Environmental Management Commission is incorporated herein by reference and shall be a condition of this permit. Noncompliance with the terms of the Operational Agreement shall subject the Permittee to all sanctions provided by North Carolina General Statutes §143-215.6A to §143-215.6C for violation of or failure to act in accordance with the terms and conditions of this permit. If any parts, requirements, or limitations contained in this permit are unacceptable, you have the right to request an adjudicatory hearing upon written request within 30 days following receipt of this permit. This request must be in the form of a written petition, conforming to Chapter 150B of North Carolina General Statutes, and filed with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27699-6714. Unless such demands are made, this permit shall be final and binding. If you need additional information concerning this matter, please contact Roy Davis at (828) 296-4500. Sincerely, forA�I9n W.-Klimek, P.E., Director Division of Water Quality cc: Henderson County Building Inspector sheuil.l_erRegional'Offiee; Surface Water-_P.fotec_ n (WWTFsPer-mit-.No NC0088066) Norman E. Divers, III, PE Water Quality Central Files PERCS Files NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES BLACKSMITH RUN, LLC BLACKSMITH RUN HENDERSON COUNTY WASTEWATER COLLECTION SYSTEM EXTENSION PERMIT PERMIT NUMBER WQ0029463 This permit -shall be effective from the date of issuance until rescinded and shall be subject to the following specified conditions and limitations: This permit shall become voidable unless the wastewater collection facilities are constructed in accordance with the conditions of this permit; 15A NCAC 2H .0200; the Division of Water Quality's (Division) Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast -Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable; and other supporting materials unless specifically mentioned herein. 2. This permit shall be effective only with respect to the nature and volume of wastes described in the application and other supporting data. 3. The wastewater collection facilities shall be properly maintained and operated at all times. The Permittee shall maintain compliance with an individual system -wide collection system permit for the operation and maintenance of these facilities as required by 15A' NCAC 2H .0227. If an individual permit is not required, the following performance criteria shall be met as provided in 15A NCAC 2H .0227: a. The sewer system shall be effectively maintained and operated at all times to prevent discharge to land or surface waters, and any contravention of the groundwater standards in 15A NCAC 2L .0200 or the surface water standards in 15A NCAC 2B .0200. b. A map of the sewer system shall be developed and shall be actively maintained. c. An operation and maintenance plan shall be developed and implemented. d. Pump stations that are not connected to a telemetry system shall be inspected every day (i.e. 365 days per ,year). Pump stations that are. connected to a telemetry system shall be inspected at least once per week. e. High -priority sewer lines shall be inspected at least once per every six-month period of time. f. A general observation of the entire sewer system shall be conducted at least once per year. g. Inspection and maintenance records shall be maintained for a period of at least three years. h. Overflows and bypasses shall be reported to the appropriate Division regional office in accordance with 15A NCAC 2B .0506(a), and public notice shall be provided as required by North Carolina General Statute §143-215.1 C. Permit No. W00029463 Blacksmith Run LLC Blacksmith Run Henderson County October 31 2005 4. This permit shall not be transferable. In the event there is a desire for the wastewater collection facilities to change ownership, or there is a name change of the Permittee, a formal permit request shall be submitted to the Division accompanied by documentation from the parties involved, and other supporting materials as may be appropriate. The approval of this request shall be considered on its merits and may or may not be approved. 5. Construction of the gravity sewers, pump stations, and force mains shall be scheduled so as not to interrupt service by the existing utilities nor result in an overflow or bypass discharge of wastewater to the surface waters of the State. 6. Upon completion of construction and prior to operation of these permitted facilities, a certification, a copy of .the construction record drawings, as well as supporting design calculations for any pump stations permitted as part of this project shall be received from a North Carolina -licensed Professional Engineer certifying that the facilities have been installed in accordance with this permit; 15A NCAC 2H .0200; the Division's Gravity Sewer Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast -Track Permitting of Pump Station and Force Main adopted June 1, 2000 as applicable; and other supporting materials. If this project is to be completed in phases and partially certified, you shall retain the responsibility to track further construction approved under the same permit, and shall provide a final certificate of completion once the entire project has been completed. A copy of the construction record drawings, indicating the facilities constructed in the phase being certified, shall be submitted with each partial certification. Mail the Engineer's Certification, one copy of the "Construction Record Drawings," and one copy of the supporting design calculations to the Non -Discharge Permitting Unit, 1617 Mail Service Center, Raleigh, NC 27699-1617. 7. A copy of the construction record drawings shall be maintained on file by the Permittee for the life of the wastewater collection facilities. 8. Failure to abide by the conditions and limitations contained in this permit; 15A NCAC 2H .0200; the Division's Gravity Sewer Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast -Track Permitting of Pump Station and Force Mains adopted June 1, 2000 as applicable; and other supporting materials may subject the Permittee to an enforcement action by the Division, in accordance with North Carolina General Statutes §143- 215.6A through §143-215.6C. 9. In the event that the wastewater collection facilities fail to perform satisfactorily, including the creation of nuisance conditions, the Permittee shall take immediate corrective action, including those as may be required by this Division, such as the construction of additional or replacement facilities. 10. The issuance of this permit shall not exempt the Permittee from complying with any and all statutes, rules, regulations, or ordinances that may be imposed by other government agencies (local, state and federal) which have jurisdiction, including but not limited to, applicable river buffer rules in 15A NCAC 2B .0200, erosion and sedimentation control requirements in 15A NCAC Ch. 4 and under the Division's General Permit NCG010000, and any requirements pertaining to wetlands under 15A NCAC 2B .0200 and 15A NCAC 2H .0500. 11. Noncompliance Notification: The Permittee shall report by telephone to a water quality staff member at the Asheville Regional Office, telephone number (828) 296-4500, as soon as possible, but in no case more than 24 hours or on the next working day, following the occurrence or first knowledge of the occurrence of either of the following: Permit No W00029463 Blacksmith Run LLC Blacksmith Run, Henderson County, October 31 2005 a. Any process unit failure, due to known or unknown reasons, that renders the facility incapable of adequate wastewater transport, such as mechanical or electrical failures of pumps, line blockage or breakage, etc.; or b. Any failure of a pumping station or sewer line resulting in a by-pass directly to receiving waters without treatment of all or any portion of the influent to such station or facility. Voice mail messages or faxed information is permissible but this shall not be considered as the initial verbal report. Overflows and spills occurring outside normal business hours may also be reported to the Division of Emergency Management at telephone number (800) 858-0368 or (919) 733-3300. Persons reporting any of the above occurrences shall file a spill report by completing Part I of Form CS-SSO (or the most current Division approved form), within five days following first knowledge of the occurrence. This report shall outline the actions taken or proposed to ensure that the problem does not recur. Per Condition I(2), Part II of Form CS-SSO (or the most current Division approved form) can also be completed to show that the SSO was beyond control. 12. This permit shall be for the construction of the wastewater collection facilities only. No flow shall be made tributary to the subject facilities until the collection sewers are completed and an Engineers Certification is received and approved by the Division. 13 No wastewater flow shall be made tributary to the subject sanitary sewer system until the wastewater treatment facility (NPDES permit number NC0088056) is constructed, made operational and the engineer's certification has been received by the Division of Water Quality. Permit issued this the 31st day of October, 2005 NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION tA for AI n W. Klimek, P.E., Director Division of Water Quality By Authority of the Environmental'Management Commission Permit Number WQ0029463 4 Permit No. W00029463, Blacksmith Run, LLC, Blacksmith Run. Henderson County, October 31 2005 ENGINEERING CERTIFICATION — POST CONSTRUCTION System Description: 11,542 linear feet of 8-inch gravity sewer, a 136-gallon per minute pump station with duplex pumps, on site audible and visual high water alarms and a portable generator with telemetry and wet well storage, a 218-gallon per minute pump station with duplex pumps, on site audible and visual high water alarms, a portable generator with telemetry and wet well storage as well as approximately 1,510 linear feet for 4-1 nch force main Complete and submit this form to the Asheville regional office with the following: • One copy of the project record drawings (plan & profile views of sewer lines) of the wastewater collection system extension • supporting design calculations (selected pumps, system curve, operating point, available storage if portable generator(s) or storage greater than longest past three year outage reliability option selected) for any pump stations permitted as part of this project • Changes to the project should be clearly identified on the record drawings or in written summary form. Permit modifications are required for any changes resulting in non-compliance with this permit regulations or minimum design criteria. This project shall not be considered complete nor allowed to operate until this Engineer's Certification and all required supporting documentation have been received by the Division. Therefore, it is highly recommended that this certification be sent in a manner that provides proof of receipt by the Division. ENGINEERS CERTIFICATION ❑ Partial ❑ Final , as a duly registered Professional Engineer in the -State of North Carolina, having been authorized to observe (❑ periodically, ❑ weekly, ❑ full time) the construction of the above referenced project for the Permittee hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance of this permit; 15A NCAC 2H .0200; the Division of Water Quality's (Division) Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast -Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable; and other supporting materials. North Carolina Professional Engineer's seal, signature, and date: SEND THIS FORM & SUPPORTING DOCUMENTATION WITH REQUIRED ATTACHMENTS TO THE FOLLOWING ADDRESS ROGER C. EDWARDS SURFACE WATER PROTECTION SUPERVISOR ASHEVILLE REGIONAL OFFICE 2090 US HIGHWAY 70 SWANNANOA, NC 28778 The Permittee is responsible for tracking all partial certifications up until a final certification is received. Any wastewater flow made tributary to the wastewater collection system extension prior to completion of this Engineer's Certification shall be considered a violation of the permit and shall subject the Permittee to appropriate enforcement actions. 71 STAGE OF NORTH CAR(�l= Y�� " is 0 IY1 ? COUNTY OF HENDERS N Permit li 57, T T'. T lITrT In /ITrT A T ♦ r, • rr rr� �r This Commission, an agency of Blacksmith Run, LLC, a cc suant to G.S. 143-24 5.1 ' dl) and entered WATER QaF�zI Y SGCTIQ N �P�vve the North Carc of North<.Carolina, hereinafter- known as tb Carolina, hereinafter known as the DEVELOPER. WITNESSETH: C �- - ! i this L 2 day of I Environmental Management )MMISSION;:an& I`�E__.. to do business in the State of North 1. The DEVELOPER is the owner of the certain lands lying in Henderson County, upon which it is erecting and will erect dwelling units and other improvements, said development to be known as Vista at Blacksmith Run (hereinafter the Development). 2. The DEVELOPER desires, to construct a wastewater collection system with pumps, wastewater treatment works, and/or disposal facilities (hereinafter Disposal System) to provide sanitary sewage disposal to serve the Development on said lands. 3. The DEVELOPER, has applied to the COMMISSION for the issuance of a permit pursuant to G.S. 143- 215.1 to construct, maintain, and operate the Disposal System. 4. The DEVELOPER has created or shall create unit ownership in said dwellings units, other improvements and lands through filing of a Declaration of Unit Ownership (hereinafter Declaration), pursuant to Chapter 47C or 47F of the North Carolina General Statutes. 5. The DEVELOPER has caused to be formed or will cause to be formed at the time of filing of the Declaration, the Blacksmith Run Homeowner's Association (hereinafter Association), a non-profit corporation organized and existing under and by the virtue of the laws of the State of North Carolina, for the purpose, among others, of handling the property, affairs and business of the Development; of operating, maintaining, re -constructing and repairing the common elements of the lands and improvements subject to unit ownership, including the Disposal System; and of collecting dues and assessments to provide funds for such operation, maintenance, re -construction and repair. 6. The COMMISSION desires to assure that the Disposal System of the Development is properly constructed, maintained and operated in accordance with law and permit provisions in order to protect the quality of the waters of the State and the public interest therein. NOW, THEREFORE, in consideration of the promises and the benefits to be derived by each of the parties hereto, the COMMISSION and DEVELOPER do hereby mutually agree as follows: 1. The DEVELOPER shall construct the Disposal System in accordance with the permit and plans and specifications hereafter issued and approved by the COMMISSION, and shall thereafter properly operate and maintain such systems and facilities in accordance with applicable permit provisions and law. 2. The DEVELOPER shall not transfer ownership and/or control of the Disposal System to the Association until construction has been completed in accordance with the permit and approved plans, and the staff of the Division of Water Quality has inspected and approved of the facilities. In order to change the name of the permit holder, the DEVELOPER must request that the permit be reissued to the Association. The request must include a copy of the Association Bylaws and Declaration.- 3. The DEVELOPER shall not transfer, convey, assign or otherwise relinquish lor!release'-its responsibility for the operation and maintenance of its Disposal System until a permit has: been reissued to the DEVELOPER's successor. " OCT 1 % 2005 ! L`nnA if. T1ux7 A,)/Al 7)- 1 ,._P') 4. The DEVELOPER shall provide in the Declaration and Association Bylaws that the Disposal System and appurtenances thereto are part of the common elements and shall thereafter be properly maintained and operated in conformity with law and the provisions of the permit for construction, operation, repair, and maintenance of the system and facilities. The Declaration and Bylaws shall identify the entire wastewater treatment, collection and disposal system as a common element which will receive the highest priority for expenditures by the Association except for Federal, State, and local taxes and insurance. 5. The DEVELOPER shall provide in the Declaration and Association Bylaws that the Disposal System will be maintained out of the common expenses. In order to assure that there shall be funds readily available to repair, maintain or construct the Disposal System, beyond the routine operation and maintenance expenses, the Declaration and Association Bylaws shall provide that a fund be created out of the common expenses. Such fund shall be separate from the routine maintenance funds allocated for the facility and shall be part of the yearly budget. 6. In the event the common expense allocation and separate fund are not adequate for the construction, repair, and maintenance of the Disposal System, the Declaration and Association Bylaws shall provide for special assessments to cover such necessary costs. There shall be no limit on the amount of such assessments, and the Declaration and Bylaws .shall provide that such special assessments can be made as necessary at any time. 7. If a wastewater collection system and wastewater treatment and/or disposal facility provided by any city, town, village, county, water and sewer authorities, or other unit of government shall hereinafter become available to serve the Development, the DEVELOPER shall take such action as is necessary to cause the existing and future wastewater of the Development to be accepted and discharged into said governmental system, and shall convey or transfer as much of the Disposal System and such necessary easements as the governmental unit may require as condition of accepting the Development's wastewater. 8. Recognizing that it would be contrary to the public interest and to the public health, safety and welfare for the Association to enter into voluntary dissolution without having made adequate provision for the continued proper maintenance, repair and operation of its Disposal System, the DEVELOPER shall provide in the Association Bylaws that the Association shall not enter into voluntary dissolution without first having transferred its said system and facilities to some person, corporation or other -entity acceptable to and approved by the COMMISSION by the issuance of a permit. 9. The agreements set forth in numbered paragraphs 1, 2, 3, 4, 5, 6, 7, and 8 above shall be conditions of any permit issued by the COMMISSION to the DEVELOPER for the construction, maintenance, repair and operation of the Disposal System. 10. A copy of this agreement shall be filed at the Register of Deeds in the County(ies) where the Declaration is filed and in the offices of the Secretary of State of North Carolina with the Articles of Incorporation of the Association. IN WITNESS WHEREOF, this agreement was executed in dupli representative of the parties hereto on the day and year written as FOR THE ENVIRONMENTAL MANAGEMENT COMMISSION AIL W. Klimek, P.E., Directo Division of Water Quality originals by the duly authorized ed by each of parties named below: th Run LLC j DEVE OPER 1 Member, Catexor, Inc. (Signature) Stig Wennerstrom, President — Catexor, Inc. Print Name and Title (D e (Date) Urnn r ,r. TNUA I nrn /A 2 n c 102M WQ002463 FAST-TRAGAPPLICATION for GRAVITY SEWER, > UMP ,4A ONS, _ E . . �" I{ W A r i t C r .rl' '" OF-_�,_.,. State of Carolina Q �I Deparhuent 4 if"! iviffinTinCint aW&Wal Resources S E P 2 2 :y� �� Division 01 Wal er Quality F �� ` LL ��WIE ATION for GRAVITYJSEWERS;-P IrtT1�TS; MAINS i P ,HCV!LLL f3rgpressurecseweis� stems are nottobe included as` hitofthis a" 1 cationpackage) _ x PPt INSTRUCTIONS: Indicate that you have included/addressed the following list of required application package items by checking the space provided next to each applicable item. Failure to submit all required items will lead to your application being returned as incomplete. This form may be photocopied for use as an original. ® I. Application Form - Submit one original and one copy of the completed and appropriately executed application form. Any changes to this form will result in the application being returned. The Division of Water Quality (Division) will only accept application packages that have been fully completed with all applicable items addressed. You do not need to submit detailed plans and specifications unless you respond NO to Item B(12). ® II. Application Fee - Submit a check in the amount of $400 made payable to: North Carolina Department of Environment and Natural Resources (NCDENR). Checks shall be dated within 90 days of application submittal. ❑ III. Certificates of Public Convenience and Necessity — If the application is being submitted in the name of a privately -owned public utility, submit two copies of the Certificate of Public Convenience and Necessity (CPCN) which demonstrates that the public utility is authorized to hold the utility franchise for the area to be served by the sewer extension. If a CPCN has not been issued, provide two copies of a letter from the North Carolina Utilities Commission's Public Staff that states that an application for a franchise has been received, that the service area is contiguous to an existing franchised area, and/or that franchise approval is expected. The project name in the CPCN or letter must match that provided in Item A(2a) of this application. ® IV. Operational Agreements — Submit one original and two copies of a properly executed operational agreement if the sewer extension is permitted by a private applicant and will be serving residential or commercial lots (e.g., houses, condominiums, townhomes, outparcels, etc.) that will be sold to another entity. If -the applicant is a homeowners' association, use Form HOA 02/03. If the applicant is a developer, use Form DEV 02/03. EVEN IF THE PROJECT WILL BE TURNED OVER TO A MUNICIPALITY, FORM DEV 02/03 IS REQUIRED. - ❑ V. Flow Acceptance Letters — If the owner of the downstream sewers and/or WWTF is different from the applicant, submit two copies of a flow acceptance letter from the owner of the downstream sewers and WWTF, if different. Flow acceptance letters must contain the following minimum information: applicant and project name, amount of flow accepted, and name and permit number of the receiving sewers/WWTF. The flow acceptance must not expire prior to permit issuance and must be dated less than a year prior to the application date. Intergovernmental agreements or other contracts will not be accepted in lieu of a project -specific flow acceptance letter. ® VI. Map — Submit an 8.5-inch by 11-inch COLOR copy of the portion of a 7.5-minute USGS Topographic Map along with this form. The map should identify the entire project area location as well as the closest downslope surface waters as clearly as possible. Each map portion must be labeled with the map name and number, the identified location of the sewer line and pump stations, and be of clear and reproducible quality. For instance, if the project involves A miles of interceptor sewer that traverses over or near several different waterbodies (or counties, basins, etc.), the map should have location ID's shown for each different waterbody (where the sewer line is within 100 feet of such waterbody - see Instruction VII). This location ID is self chosen and used to cross reference the location in Section C of the permit application. ® VII. Stream Classifications — Section C • If any portion of the project is within 100 feet of any down slope surface water, Section C must be completed for the pertinent sections. • If the entire project area is a minimum of 100 feet away from any down slope surface waters BUT there is a pump station involved where a history of power outage is to be used to provide adequate design storage instead of dual feed or permanent or portable generator, Section C must be completed to demonstrate that the closest down slope surface water is Class C (see 15A NCAC 2H .0219(h)(3)(D)). • Use the guidance document entitled, "Determining Watershed Classifications for Form FTA 02/03 (Fast -Track Sewer Systems)" available from http://h2o.enr.state.nc.us/peres or by contacting the appropriate regional office. FTA 02/03 - Rev. 3 04/05 FAST -`TRACK APPLICATION for GRAVITY SEWERS, PUMP STATIONS, AND FORCE MAINS PAGE 2 ❑ Vill. Environmental Assessments — If this project is subject to an Environmental Assessment (EA) [15A NCAC 01C], this application can not be used. Send the project application on Form PSFMGSA 10/99 to the PERCS Unit, 1617 Mail Service Center, Raleigh, NC 27699-1617. Applications can not be accepted until a Finding of No Significant Impact (FONSI) or Environmental Impact Statement (EIS) has been issued. A copy is to be submitted with that permit application. ® IX. Certifications — Section D The application must be certified by both the applicant and a North Carolina Registered Professional Engineer (PE). The applicant signature must match the signing official listed in Item A(1 b). The PE should NOT certify the application if he/she is unfamiliar with 15A NCAC 2H .0200, the Gravity Sewer Minimum Design Criteria (most recent version) and the Minimum Design Criteria. for the Fast -Track Permitting of Pump Stations and Force Mains (most recent version), as applicable to the project. Certification by a PE who is unfamiliar with these documents is subject to NC Board referral. ® X. Downstream Sewer & Wastewater Treatment Plant Capacity The applicant has assured downstream pipe, pump station and treatment plant capacity. The addition of new sources of wastewater from this project has been evaluated along the route to the receiving treatment plant. The flow from this project will not cause capacity related sanitary sewer overflows or overburden any downstream pump station en route to the receiving wastewater treatment plant. If the applicant is not the owner of the downstream sewer or receiving treatment plant, submittal of flow acceptance letter(s) indicates that owner has adequate capacity and will not violate G.S. 143-215.67(a). THE COMPLETED FTA 02103 APPLICATION PACKAGE, INCLUDING ALL SUPPORTING DOCUMENTS AND $400 FEE, SHOULD BE SENT TO THE APPROPRIATE REGIONAL OFFICE REGIONAL OFFICE ADDRESS COUNTIES SERVED Asheville Regional Office 2090 US Highway 70 Avery, Buncombe, Burke, Caldwell, Swannanoa, North Carolina 28778 Cherokee, Clay, Graham, Haywood, (828) 296-4500 Henderson, Jackson, Macon, Madison, (828) 299-7043 Fax McDowell, Mitchell, Polk, Rutherford, Swain, Transylvania, Yancey Fayetteville Regional Office 225 Green Street Suite 714 Anson, Bladen, Cumberland, Harnett, Fayetteville, North Carolina 28301 Hoke, Montgomery, Moore, Robeson, (910) 486-1541 Richmond, Sampson, Scotland (910) 486-0707 Fax Mooresville Regional Office 610 E. Center Avenue, Suite 301 Alexander, Cabarrus, Catawba, Mooresville, North Carolina 28115 Cleveland, Gaston, Iredell, Lincoln, (704) 663-1699 Mecklenburg, Rowan, Stanly, Union (704) 663-6040 Fax Raleigh Regional Office 1628 Mail Service Center Chatham, Durham, Edgecombe, Franklin, Raleigh, North Carolina 27699-1628 Granville, Halifax, Johnston, Lee, Nash, (919) 571-4700 Northampton, Orange, Person, Vance, (919) 571-4718 Fax Wake, Warren, Wilson Washington Regional Office 943 Washington Square Mall Beaufort, Bertie, Camden, Chowan, Washington, North Carolina 27889 Craven, Currituck, Dare, Gates, Greene, (252) 946-6481 Hertford, Hyde, Jones, Lenoir, Martin, (252) 975-3716 Fax Pamlico, Pasquotank, Perquimans, Pitt, Tyrrell, Washington, Wayne Wilmington Regional Office 127 Cardinal Drive Extension Brunswick, Carteret, Columbus, Duplin, Wilmington, North Carolina 28405 New Hanover, Onslow, Pender (910) 395-3900 (910) 350-2004 Fax Winston-Salem Regional Office 585 Waughtown Street Alamance, Alleghany, Ashe, Caswell, Winston-Salem, North Carolina 27107 Davidson, Davie, Forsyth, Guilford, (336) 771-4600 Rockingham, Randolph, Stokes, Surry, (336) 771-4631 Fax Watauga, Wilkes, Yadkin For more information, visit our web site at: http://h2o.enr.state.nc.us/peres/ FTA 02/03 - Rev. 3 04105 FAST -TRACK APPLICATION for GRAVITY SEWERS, PUMP STATIONS, AND FORCE MAINS PAGE 3 USE THE TAB KEY TO MOVE FROM FIELD TO FIELD! Application Number: ;{ 7 0011 4 (to be completed by DWQ) j1. Owner.' _ - ------------ ;1 aa. -- ---- ----- - Blacksmith Run, LLC '; Full Legal Name (company, municipality, HOA, utility, etc.) Z ® 11b. Stig Wennerstrom, President of Catexor, Inc. - Managing Member of Blacksmith Run, LLC Signing Official Name and Title (Please review 15A NCAC 2H .0206(b) for authorized signing officials!) 11c. The legal entity who will own this system is: 1 _ ❑ Individual ❑ Federal ❑ Municipality ❑ State/County ❑ Private Partnership X Corporation ❑Other (sped): ® 1d. 525 N. Main Street 1e. Hendersonville LL Mailing Address City 1f. North Carolina 1g. 28792 ® I State _ _ Zip Code ~ 11 h. 828-698-2400 11 i. 828-698-8801 .�Ij. — edn@vistadevelopers.com + Telephone Facsimile E-mail - ... ......... -- ------ Q 2. Project (Facility) Information: J 12a. Vista Blacksmith Run 12b. Henderson CL ! Brief Project Name (permit will refer to this name) County Where Project is Located 13. Contact Person: Q3a. Norman E. Divers, III - Brooks & Medlock Engineering, PLLC Name and Affiliation of Someone Who Can Answer Questions About this Application 3b. 828-232-4700 13c. Norman@brooksandmedlock.com Phone Number E-mail 1. Project is X New ❑ Modification (of an existing permit) If Modification, Permit No.: For modifications, attach a separate sheet clearly explaining the reason for the modification (i.e. adding another phase, changing line size/length, etc.). Only include the modified information in this permit application - do not duplicate project information in B(7) and B(10-11) that has already been included in the original permit. 2. Owner is ❑ Public (skip to Item B(3)) X Private (go to Item 2(a)) 12a. I If private, applicant will be: 2b. If sold, facilities owned by a (must choose one ❑ Retaining Ownership (i.e. store, church, single office, etc.) or ❑ Public Utility (Instruction III) Z I ❑ Leasing units (lots, townhomes, etc. - skip to Item B(3)) X Homeowner Assoc./Developer (Instruction IV) ® X Selling units (lots, townhomes, etc. - go to Item B(2b)) Q3 Blacksmith Run, LLC jOwner of Wastewater Treatment Facility (WWTF) Treating Wastewater From This Project 4a. Blacksmith Run WWTP b. NCO088056 ® i Name of WWTF WWTF Permit No. LL '5a. ay!YY,.r�c Z Owner of Downstream Sewer]5b, Receiving e ei' rz [ force Mam i?ecmit Number - Downstream Sewer (if known) F- '6.--The origin -of this wastewater is -(check all th t.A, lj� W❑ a XJResidential Subdivision Sit- Apartmerifs/Condominwms; Iio00.%Domestic/Commercial Mobile Home Park-(s { 0- '!i, �, ❑ Sfiool 7 200� J ❑:.0 fir, - 20�� I o 10 ✓o Industrial ❑ Restaurant I:? i Hong , ,N r ❑ Office O her (s ecify): r ! % Other (specify) ; `f_ h ,, 7 ,,Volume. of wastewater�to be allocated for this pa icular�prfoj�ct:O9lij'"�0� � a ' r da 00, Ri- *Do not include previously -permitted alloga'to s REGION�L gSHEVILLG 8. ? If the permitted flow is zero, indicate why _ "_" . El Interceptor Line -Flow will be permitted is(Stisequerit permits that connect to this�line� U ;, i 1 C rjiv Ch, ❑ Flow has already been allocated in Permit No. { g {r ILLS 1-1-rl`=-- ❑ Rehabilitation or replacement of existing sewer with no new flow expected i - --- FTA 02/03 - Rev. 3 04/05 FAST -TRACT{ APPLICATION. for GRAVITY SEWERS, PUMP STATIONS, AND FORCE MAINS PAGE 4 9. Provide the wastewater flow calculations used in determining the permitted flow in accordance with 15A NCAC 2H .0219(I) for Item 13(7) or the design flow for line or pump station sizing if zero flow in the space below. Values other than that in 15A NCAC 2H .0219(I)(1-2) must be supported with actual water or wastewater use data in accordance with 15A NCAC 2H .0219(I)(3). 187 4-13EDROOM HOMES PROPOSED FOR THE DEVELOPMENT. APPLYING 125 GAUDAY/BEDROOM PROVIDES A DESIGN FLOW OF 93,500 GAUDAY FOR THE DEVELOPMENT. (REF.: 15A NCAC 2H .0219). 10. Summary of Sewer Lines to be Permitted (attach additional sheets if necessary) -- -. ------...— Size (inches) Length (feet) Gravity or Force Main (use the pull.down menu) — _ r8" 11,542 Gravity 4" 1,510 Force Main — UJI D Z Z ENTER TOTAL LINE LENGTH IN MILES 11. Summary of Pump Stations to be Permitted (attach additional sheets as necessary) Z o Location ID Design Flow — Operational Point Power Reliability Option (self chosen - as shown on (1- dual line feed; 2- permanent generator w/ATS; 3- Q plans for cross-reference) j (MGD) GPM @ TDH portable generator w/teleme ry; 4-wet well storage) Phase 1 0.056 136 @ 110 TDH 3 + 4 O - LL WWTP 0.229 218 @ 30 TDH 3 + 4 112. Does the sewer system comply with the Minimum Design Criteria for the Fast Track Permitting of Pump Stations and Force Mains (latest version), the Gravity Sewer Minimum Design Criteria (latest version) and 15A NCAC 2H .0200 as applicable? LV ® Yes [:]No If no, please reference the pertinent minimum design criteria or regulation and indicate why a d variance is requested. SUBMIT TWO COPIES OF PLANS, SPECIFICATIONS OR CALCULATIONS PERTINENT TO THE VARIANCE WITH YOUR APPLICATION m 13. Have the following permits/certifications been submitted for approval? Wetland/Stream Crossings - General Permit or 401 Certification? ❑ Yes ❑ No ® N/A Sedimentation and Erosion Control Plan? ® Yes ❑ No ❑ N/A Stormwater? ❑ Yes ❑ No ® N/A 14. Does this project involve aerial lines or siphons? Check if yes: ❑ These_lines_wiU_4e considered_hiah priority-and_must be_checked-once-ever-v_sixmonths_____ 15. Does this project have gravity sewer lines designed at minimum slopes? ❑ Be aware that the Division will not accept installed lines more than 10% flatter than the minimum slope. Lines installed outside this tolerance should be corrected prior to submitting the final engineering certification.. FTA 02/03 - Rev. 3 04105 FAST -TRACK APPLICATION for GRAVITY SEWERS, PUMP STATIONS, AND FORCE MAINS PAGE 5 1. Use the Division's guidance document entitled, "DETERMINING STREAM CLASSIFICATIONS FOR FORM FTA 02/03 (FAST -TRACK SEWER SYSTEMS)" to collect and record the stream classification data below (attach additional sheets as necessary). This document is available from our web site or by contacting the appropriate Division of Water Quality ®regional office (see instructions for addresses) OR indicate the following: ® A Stream Classification is not needed because all parts of the project are at least 100 feet away from any down slope Qwaterbody_AND, ----------- () ------- —--- — ❑ A Stream Classification is not needed because the design does not depend on wet well storage as a power reliability option for any pump station near a Class C down slope waterbody. Location ID on Map Q (self chosen - as shown on Name of Waterbody Stream Waterbody map for cross-reference) Waterbody___ County___ River Basin Index Classification J (� Outfall 001 Lewis Creek Henderson French Broad 6-55-11-6 C W Submit the 8.5" x 11" COLOR topographic map as required in Instruction VI regardless of whether a classification is provided! 1. Applicant's Certification: I, Stig Wennerstrom, President of Catexor, Inc., which is the managing member of Blacksmith Run, LLC, attest that this application for Vista @ Blacksmith Run has been reviewed by me and is accurate and complete to the best of my knowledge. 1 understand that if all required parts of this application are not completed and that if all required supporting d umentation and attach is are not included, this application package is subject to being returned as incomplete. No e: a ordance with N Carolina General Statutes 143-215.6A and 143-215.68, any person who knowingly ma ' e any fa a statement, p esentation, or certification in any application shall be guilty of a Class 2 misdemeanor \ i ay incl de a fine not ceed $10,000 as well as civil penalties up to $25,000 per violation. Sig g fficial Signature l6ate 2. Pro fe "o al Engineer's Certification: 0 I attest that this application for Vista @ Blacksmith Run has been reviewed by me and is accurate, complete and consistent with the information in the engineering plans, calculations, and all other supporting documentation to the best of I-- my knowledge. l further attest that to the best of my knowledge the proposed design has been prepared in accordance Vwith the applicable regulations, Gravity Sewer Minimum Design Criteria for Gravity Sewers adopted February 12, 1996, _ and the Minimum Design Criteria for the Fast -Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 LL. j and the watershed classification in accordance with Division guidance. Although certain portions of this submittal package may have been developed by other professionals, inclusion of these materials under my signature and seal signifies that I I have reviewed this material and have judged it to be consistent with the proposed design. Note: In accordance with NC LU General Statutes 143-215.6A and 143-215.6B, any person who knowingly makes any false statement, representation, or (� certification in any application shall be guilty of a Class 2 misdemeanor which may include a fine not to exceed $10, 000 as Q l well as civil penalties up to $25, 000 per violation_ I2a. Edward K. Medlock Professional Engineer Name 2b. Brooks & Medlock Engineering, PLLC ,`�� OoFESSio _:' Engineering Firm ' 4 — 2c. 17 Arlington Street = 9 Mailing Address ` �2d. �. FN F,? ` Asheville 2e. NC !2f. 28801 GIN City State Zip r 8- - - -- - - 32--- -]2i. 2g. 828-232-4700 �2h. 828-232-1331 mark@brooksandmedlock.com Telephone Facsimile E-mail Seal, Signature &Date FTA 02/03 - Rev. 3 04/05 Scale as shown. Taken from USGS Quadrangle Map. PROPOSE® DISCHARGE !..00ATION FIGURE 1 Blacksmith Run —Henderson County, NC ' �oF W�`F9Q October 7, 2005 Mr. Stig Wennerstrom 525 North Main Street Hendersonville, North Carolina 28792 ,l 'Michael F. Easley,.Governor r; �i William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E. Director Division of Water Quality Subject: Return of Fast -Track Permit Application Blacksmith Run Henderson County Dear Mr. Wennerstrom: Attached herewith is the permit application, signed by you, seeking a Permit to construct and operate sewers to serve Blacksmith Run in Henderson County. The Application was submitted by Blacksmith run, LLC. In checking the North Carolina Secretary of State's web site I learn that Blacksmith Run is not incorporated in this State. Please resubmit the Application at such time as Blacksmith Run is incorporated in this State. The NPDES Permit for the sewage treatment plant to serve Blacksmith Run was applied for in the name of Vista Developers, LLC. When resubmitting, the Application for the sewer lines should be accompanied by a letter from Vista Developers granting permission to Blacksmith Run, LLC to use the sewage treatment plant and stating that sufficient capacity exist to treat 93,500 gpd of domestic wastewater. Do not hesitate to call me at 828-296-4659 should you wish to discuss this matter in greater detail. Sincerely, Roy M. Davis Environmental engineer Xc: Norman Divers NorthCarolina Naturallzff North Carolina Division of Water Quality 2090 U.S. Highway 70 Swannanoa, NC 28778 Phone (828) 296-4500 Customer Service Internet: h2o.enr.state.nc.us FAX (828)299-7043 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer— 50% Recycled/10% Post Consumer Paper To: NCDENR is iJAN oA Project Name: Blacksmith Run Project No: 114304 � '4-8 $ �- �{-'7 :�-- Gam' From: Norman Divers Brooks & Medlock Engineering, PLLC Date: -September 12, 2005 Document Description: Date: Use: Application 9-9-05 Review Construction Plans Review Comments: Attached please find the documents as required for the extension of a private sanitary sewer system to serve the new residential subdivision known as Blacksmith Run off US 64 near Edneyville. We appreciate your timely review look forward and to your comments.. " No -LlSr 17 Arlington Street Asheville, NC 28801 Phone 828.232.4700 Fax 828.232.1331 DFAST -TRACK APPLICATION REVIEW PROCEDURES Project Nameait.,t k 10 l $1 l Application received Date 7 1.1--ij b-S Application Returned Date_ Application to County Person Basic Review Date /T Application entered BIM's Date Permit Issued Date All fast -track projects should be submittedon the application entitled "Fast -Track Application for Gravity Sewers, Pump Stations, and Force Mains" (FORM: FTA 02/03 currently) unless otherwise directed by the NDPU. Any pump station/force main projects that require an Environmental Assessment (EA) are excluded from the Fast -Track review process, and should be submitted for full review to the Central Office (NDPU) on FORM: PSFMGSA 10/99. Additionally, any projects involving a flow reduction request must receive approval for the flow reduction from the central office. P7RE-RE0o V tPt the application package appear to be generally complete (i.e. all attachments, check, key questions answered)?' If any portion of the application is not complete, or if any required instruction items have been omitted, RETURN the application package and supporting documents to the applicant using the Project Return Letter template. Send the package and letter via certified mail to the applicant, and a copy of the letter to the engineering consultant. Any projects that are to be returned shall be returned prior to accepting the application (i.e., before logging in the application and depositing the check). After a project has been accepted, any information that is found to be incorrect and/or lacking must be requested via an Additional Information Request in accordance with 15A NCAC 2H .0208(e). Ensure that_a check for $400 is submitted and made out to NCDENR. All new projects and major modifications to existing projects require an application fee. A major modification includes any changes to permitted flow volumes, changes in pipe diameter, changes in pipe length greater that 10% of the originally permitted length, changes in the operating points of a pump station, etc. 4?1 tem B(2)) and listed as a corporation, check the NCDepartment of the b site at http://www.secretary.state.nc.us/rrations/ to ensure that the with the SecretaryofState toconductbusiness as a corporation in the. C. Dr's and HOA's should be listed. v' Ensure that the signing official meets the requirements of 15A NCAC 2H .0206(b). If they do not, request a revised application that has been completed by an appropriate official or a letter from an appropriate official that indicates the person in question is delegated to sign the application on the applicant's behalf. A current list of Delegated Signing Officials can be obtained from the DWQ Intranet. If a new delegated signing official letter is presented with the application, forward a copy to the central office so that the person may be added to the Delegated Signing Official list. The central office will send E-mails to the appropriate region if a new signing official has been added so that the most current list can be used. The Non -Discharge Permitting Unit has an example delegated signing official letter from http://h2o.enr.state.nc.us/ndpu/spraypol.html#DELEG. SECTION B - Permit Information FAST -TRACK Application Review Procedures 2003 Proje t�ic%afion odification? If the project is a modification to an existing permit, be sure to er into BIMS as a permit modification (i.e. "renew/modify application" and not "create new project") . Applicant a ' entity (e.g. county, town, sanitary district)? �plicant a private entity? Swn (i.e. lease) units, lots, parcels, etc? ell units, lots, parcels, etc? Certificate of Public Convenience and Necessity? 2H .0205(d)(2) ♦ Required if the applicant is a public utility. In lieu of a Certificate of Public Convenience and Necessity, they may submit written approval from the North Carolina Utilities Commission's Public Staff that states that the utility is allowed to provide utility service in the subject project area. Note that the project name on the application and on the CPCN must match. Contact the NCUC Public Staff if questions arise. C�Operational Agreement? 2H .0205(d)(2) ♦ Operational Agreements are only required if the applicant is not a public entity (i.e. Town, County, etc.) or public utility as designated by the North Carolina Utilities Commission AND the lots being served by the collection system are to be sold to individual owners. ♦ If the applicant is a developer, they must fill out the DEVELOPER Operational Agreement (FORM: DEV 02/03). A developer may be responsible for the system for an interim period until the homeowners association is formed, at which time a Permit Name/Ownership Change request (FORM: PNOCF 06/00) will be needed to transfer the permit to the HOA. ♦ If the applicant is a homeowners' association (HOA), they must fill out the ASSOCIATION Operational Agreement (FORM: HOA 02/03 The HOA must be registered with the Secretary of State's office and must provide a copy of the Associations' Bylaws and Articles of Incorporation. These documents should be reviewed to ensure that all applicable language regarding the collection system is included as is required by the Operational Agreement. ♦ The Operational Agreement should be attached to the permit and incorporated into the language of the permit. Please note that Operational Agreement language should not be altered without approval from the Attorney General's Office. Operational Agreements are. 6794 the af'" b http://h2o.enr.state.nG.us/ndpu/ndpuapps.html. �IApproval of flow to receiving sewers and WWTF? (i.e. P4 procedure; but now in-house!) ♦ Ensure that the receiving sewers and WWTF have adequate capacity'available to accept the flow volume that is being requested, and that the WWTF has been in compliance -with their. treatment and disposal permit. c-- Flow acceptance letter(s) from the owner of the WWTF and owner of any intermediate sewers (if different from WWTF owner and applicant)? 2H .0205(d)(3)(C) ♦ Required only if the applicant and the owner of the WWTF/intermediate sewers are not the same entity. ♦ Project specific flow acceptance letters are required. ♦ Ensure that the following items appear in the flow acceptance letter: applicant's name, project name, amount of wastewater flow accepted, date that the flow acceptance was granted, expiration date of the acceptance, and name/permit number of the receiving WWTF. Do not accept a flow acceptance letter that was issued more than one year prior to the receipt of the package. A Ensure that the owner accepted the entire volume of flow listed in application. Wastewater industrial <do;estic in re? Most projects will wastewater that is domestic in nature, however, if Item B.6 indicates that the wastewater is industrial in nature, notify the Regional Office Pretreatment 2 FAST -TRACK Application Review Procedures 2003 Coordinator or the WQ Pretreatment Unit Central Office to determine if a pretreatment permit is needed or if a program already in place and compliant. /j �Flow volume calculated correctly? 2H .0219(l) ♦ Ensure that the daily design flow in the application is based on the guidance provided in the regulations or existing flow, and that the explanation as to how this volume was determined is very specific (i.e., 22 three -bedroom homes, 50,000 s.f. of retail space, 18 employees, etc). This information will be included in the description of the system in the permit. Our regs say 120 gpd/bedroom for residential. Note that for one -bedroom the minimum they can use is 240 gpd. ♦ If daily design flow is not based on regulations, ensure that the applicant has an approved flow reduction of daily design flow rate on file with the Division. A list of approved flow reductions may be obtained from the DWQ Intranet or by contacting the NDPU. Flow reduction requests are to be reviewed by the central office, and must be reviewed and approved before the application is accepted by the regional office for review. ♦ Ensure that the flows shown on the application match up to what is shown on the plans (if available for review). For example, if the application states that 100 lots are to be developed, ensure that there are 100 lots, and not 150 lots, shown on the plans. Plans are only required for review if the applicant is requesting a variance to the MDC or the .0200's. ♦ Do not approve."future" wastewater flows (i.e., that based on speculative development). These would be permitted in future wastewater collection system extensions. c__-""Adequate information provided regarding the proposed gravity sewer and/or force main (if applicable)? Note: An Environmental Assessment may be required if there are 3 miles of gravity sewer and the design capacity is 1 MGD or greater (15A NCAC 1 C .0100). Note that this criteria is currently under revision. Environmental Assessment projects can NOT go Fast -Track! Adequate information provided regarding the proposed pump station(s) (if applicable)? Note: An Environmental Assessment may be required if the pump station(s) have a design capacity greater than 1 MGD or greater (15A NCAC 1 C .0100). If there are any questions about whether an EA may be required, discuss with your supervisor or contact Todd Kennedy of the Planning Branch's Local Government Assistance Unit. ♦ Power reliability at the pump station provided in accordance with Section 5.04 of the Minimum Design Criteria for the Fast -Track Permitting of Pump Stations and Force Mains document (Le dual line feed, portable generator w/telemetry, permanent generator with automatic transfer switch, wet well storage if near Class C waters)? Project designed in accordance with 15A NCAC 2H .0200, the Gravity Sewer Minimum Design Criteria and the Minimum Design Criteria for the Fast -Track Permitting of Pump Stations and Force Mains document (as applicable)? If NO, forward one copy of the supporting documents to the Central Office for review, indicating the permit number, owner and project name. The Central Office will review the variance request, and if approvable, specific language regarding the variance will be forwarded to the Regional Office reviewer to incorporate into the permit. A copy of the variance letter provided by the central office should be kept with the application file. SECTION C - Watershed Classification Topographic map submitted? 4-----VVatershed classification required? If YES, you are advised to "spot-check" the classification(s). If NO, ensure the applicant/engineer has indicated why one is not required. SECTION D —Certifications �ning Official's signature? 2H .0206(b) 3. FAST -TRACK Application Review Procedures 2003 ♦ Ensure that the applicant's signature is the same person as that listed as the applicant's signing official on Page 1 of the application form. L---15-E stamped, sighed, and dated application, plans, specifications, and calculations (if applicable)? 2H .0205(d)(9)(A)(iii) ♦ Ensure that the same engineer has signed, sealed, and dated the application and all the items, with the exception of items designed by specialty disciplines (i.e., architectural, structural, plumbing, and electrical plans)- If not, an explanation and/or authorization is required. Adequate information provided for the engineer/engineering firm? ✓APE with active license in North Carolina? 2H .0205(d)(9)(A)(iii) or 2H .0203(28) ♦ Ensure that ALL pertinent P.E.s have active licenses by checking the NC Professional Engineer's Board web site (www.ncbels.org - the PE number must be six digits, use leading 0 when needed). ♦ If the PE seal number does not show up on the web site database, call the PE Board for verification (919) 881-2293. Drafting a Permit ♦ In order to be consistent, use the most current version of the Fast -Track permit shell (see DWQ Intranet). This permit shell contains specific language with respect to the Minimum Design Criteria, regulations, and collection system permitting. The NDPU will notify you of any changes to this permit shell. ♦ Be specific with respect the system description and information. Indicate the flow, what the project will be serving, length and size of gravity sewer lines and force mains, etc. For projects involving pump stations, the size of the pump stations, as well as the reliability option and any additional info (telemetry, odor control system, etc) should be included. A sample permit is on the DWQ Intranet. ♦ Add or remove any special conditions as necessary. Please call attention to any non-standard permit conditions in the cover letter of the permit and include the permit condition where necessary. See the Example Special Conditions document. ♦ If the project is a modification, don't forget to include the system description from the previous permit and void the previous permit in the language! Denying a Project ♦ If the Reviewer/Supervisor determines that an application package should be denied because it can not meet NC Statutes, rules or regulations, then a denial letter should be drafted. Special attention should be paid to the statutory deadline for permitting. If it is thought that a project might be denied, it is important to review it and draft the denial letter as soon as possible. There must be time allowed for the denial letter to be sent up to the Director and signed prior to the statutory date. ♦ The Reviewer should use the Application Denial Letter template to prepare a denial package for the Supervisor's review and submittal to the Director for signature. The letter should not be dated, but instead will be dated after the Director signs it. A memo to the Director should be attached to the top of the denial package summarizing the reasons for denial. This package must be singed off on by the reviewer, supervisor, Section Chief, and Director. Distribute the letter as directed in "Issuing a Permit" below. Issuing a Permit ♦ Permits should be signed only by those delegated to sign for the Director. ♦ Permits should be distributed as follows (include the signed Operational Agreement if applicable): ✓ Original to the Permittee ✓ Copy to the consulting engineer 4 FAST -TRACK Application Review Procedures 2003 Corporations Search Results Page 1 of 1 Elaine F Marshall Secretary Corporations *Corporations Home "Important Notice "Corporate Forms/Fees "Corporations FAQ "Tobacco Manufacturers $Dissolution Reports "Non -Profit Reports "Verify Certification "Online Annual Reports Links 19Secretary Of State Home "Register for E-Procurement "Dept. of Revenue Legislation 01999 Senate Bills 132001 Bill Summaries "Annual Reports 1997 "Corporations 1997 00ther Legislation Search "By Corporate Name "For New Corporation G'By Registered Agent Online Orders "Start An Order "New Payment Procedures Contact Us "Corporations Division "Secretary of State's web site Print 'Printable Page North Carolina DEPARTMENTOF THE SECRETARYOFSTATE PO Brix 29622 Raleigh, NC 27626-0622 (919)807-2000 SearchType: Starting With Search Criteria: Blacksmith Run, LLC Search Date: 10/19/2005 11:27:49 AM Clickon the entity name below to view the business profile ""Entity Name j Type I Status 11 Formed NC Blacksmith Run, LLC F LLC Current -Active 10/13/2005 1 Records Returned. Search Again For questions or comments about the North Carolina Secretary of State's web site, please send e-mail to Webmaster. Sj_lqi� Q(3L - 4 http://www.secretary.state.nc.us/corporations/SearchResults.aspx 10/19/2005 � J A I- X �.� V Y 10/07.12005 08:38 FAX 3058584300 IIAMOS OIL & GAS Im CIO 1/006 U�f'xo r Inc. 2730 SW 34 Ave. Suite 800 Miami, Florida 33129-2237 FAX COVER SHEET DATE: � V '77ME: FAX, FROM f r( � PHONE., 305-856-8500 C4: EX0R LIMrrED PARTNERSHIP i FAX., 305-856-4300 , Numbe- of f pages, including covershee@: CONFIDEN71A .ITY NOTE: THE INFORMATION IN THIS FACSIMILE TRANSMITTAL IS LEGALLY PRII I _EGED AND CONFIDENTIAL INFORMATION INTENDED ONLY FOR THE USE OF THE INDIV =AL CR ENTITY NAMED ABOVE. IF THE READER OF THIS MESSAGE IS NOT THE fNTENCIE , RECIPIENT, YOU ARE HEREBY NOTIFIED THAT ANY DISSEMINATION, DISTRIBUT10h 1•311 COPY OF THE TRANSMITTAL IS STRICTLY PROH1$ITED. IF YOU RECEIVE THIS-RANSMITTAL IN ERROR, PLEASE WMED1ATELY NOTIFY US BY TELEPHONE, i ID RETURN THE ORIGINAL TRANSMITTAL TO US AT THE ABOVE ADDRESS VIA THE U.S. I C+3TAL SERVICE, .(f 10/07/2003 08:3B FAX 31)5B584300 Vista De"I(m i I. c 525 North WHIR Street Hendeteonrige. P:-- 28M-50T5 UAHS OIL $. GAS CAROL INA FIR X Mdrld■ *Qnw5rl, Nmmaz 6T-2991G39 3/8/2005 � 002/006 .1442 PAY TO THE Swmwxy of Statc I $ **250.00 ORDER OF Two Hundred Filly and 00/1001 •'"trrrr.rrrwrw.ratsrrrrrrrtwa rn*Nr»****#*++»war»r*wss»as»s#»er*4w**+iwwl+►rrr*rr»****r» *rr� r DOLLARS } Seeretaly of 5mte Corporations Divisim = PO BOX 29622 Raleigh,14C 2?626-01,2! r<eraficate of authority ft . Maclsaifrh Rim, LLC MEMO _ K m0014,4 211 :053R0 2 L9`��: 7 LOO S5R � 79r�• Secretary of Slate 3/612005 Date 'Tape Refe.zam OrigmalAmL Balance Do* Discount Payment 03A712005 Bill CER '. :)F AUTHORITY 250.00 250.00 250.00 Check Amount 250.00 r 1 � �C Carolina First cE-tdicatc ofaudwrity for 133acksa7ith Run, LLC 250.00 Matt dwrlop•ru, LLC 1442 Secretary of State 318t2005 Date, 'Type Re&.,5rua Original Amt. Ba1mcc DUC Discount Payment 03/07l2005 Bill CER OF AUMORITY 250-00 250.00 250.00 Check Amount 250.00 Cowl ina First cc •trriicate of authority for Blacka<mth Rum, LLC . 250.00 0 10/07/2005 08:3B FAX 3058584300 VAMOS OIL & GAS [&(103/008 State of North Carolina Department of the Secretary of State APPLICATION FOR CERTl1+'ICATE OF AU MORM FOR L> MITER LIABiLM COMPANY Pursuant to §57C-7-a4 of t •,e''Gsucm1 Statutes of North Carolina, the tutdersigned [imited liability compa r hertby applies for a Certificate of Authority to I,Wuact business in the State ofNortb (>rolina, and for that purpose submits tht following: 1. The name of the limited :iebility company is BLACKSMITH RUN, LLC. and if the limi=d liabili • r company Heine is unavailable for use in the State OfNorth Carolina, the name the limited liability a❑mpanyviishc-, 7), THE BLACKSMITH RUN, LLC. �--f FLORIDA 2. The stripe or country unr�^ whose laws the limited liability oampaily was formed is: - — 3. The date of formation wa., 0310712005 its period of duration is: 4. prineW office infort cation: (Select either a or b.) a. R1 The limited 1-mility company has a principal office. The street ad<dre,&and county of the prntcipal office ofthe limited Iiability comPaOY is: Nurnberand Strom: 2730 SW 3 AVENUE, SUITE 800 City, state:, Zip ;,Zc M 16MMI. FL 3312$ County MIAMI 0AD-E The mailing adc;-tss, if Qj"erenl froth the street address, of the principal offic fthe corporation is: b. [j "the limited ability company does not have a principal Offiice. S. The street address and, aunty ofthe registered office in the Stft of North Carolina is: Number and Street 521 NORTH MAIN STREET City, Slate, Zip Code F _F�NDERSONVILI-F, NC 28792 i,rr- HENDERSON 6. The mailing address, #'Offere70 from the street address, of the registered office in the State of North Carolina is: 7. The name of the registt 95d agent in the State of North Carolina. is: EDUARDO NUNEZ coltpa ,%TIONS DlvI{'!0N (Ravisod Jumary 202) P- O. SOX 29622 RALEIGH, NC 27626-0622 (Form L-09) 10/07,12005 08:39 FAX 3058564300 I1AIdOS OIL $. GAS C¢�jjt�04/006 APPUCATION FOR CERTIFICATE OF AUTHORITY page 2 8. The nanes, titles, and u.1ul bw'ness addresses of the Correa& managers of iha limited liability company are: (use attachment irneamt" cry) Nome 8usi►ress�dss 2730 5W 3 AVENUE, STE 800, MIAMI, FL 33129 GATEXDR, INC. (M a-JAGING MBR) 9. Attached is a certifiC W' of existence (Or document of simflar import), duly authenticated by the secretary of state Or other official baving custody of Limq sd liability company incorda in the state or country of formation. The Certificate of existence cg��t be LMth=st%pLcgth8Qa A IWOU of the cBEi n cannot be ce t I6. [f the [imiteti liability .empany is required to use n flcdtious name in order to transact husiness in this State, a copy of the resolution ofits inansqM adopting the fictitious name is attached. I j. This application wiz[ t s effective upon filing, unless a delayed date audler time is speeifred: This tfie day of MASH _ 2U 05 BLACKSMITH RUN, L.LC. Name of Limited Liability Company 55griaw- ofM7e�JV-4 r STIG WENNERSTRCM, Cif 7jvpe or Print Name C� * rnanay, Notes: I _ Filing fee is SZ5d- TI h. document must be filed with the Secretary of Stare. CORPORATIONS DIVI ;ION P- 0. BOAC 29622 RALBIGK NC 27626-0622 (Revised Jam m y 2002) (Farm L-09) 10/07/2005 08:39 FAX 31a59584300 VAMOS OIL $. GAS 16CIO 5/006 07tiftate of'status I certify fror L the records of this office that B ACKSMrM RUN, LLC, is a limited liability Corr zany organized under the laws of the State of Florida, filed electronically on March 07, 2 +05, effective ].March 07, 2005. The docu ct r number of this cougoa y is L05000022764. I further cer•i.-ythat said company has paid all fees clue this office through December 31, 2005, and it status is active. I further cer'i;'y that this is an electronically transmitted certificate authorized by section 15.16, Fiorit Statutes, and authenticated by the code noted below. Authexaticat:,3,a C6de: 050308090958-300047839543#1 Given under my hand and the Great Seal of the State of Florida at Tallahassee, the Capital, this the Eighth day of March, 2005 of 10/07/2005 08:39 FAX 3175B5G4300 VAMOS OIL & GAS a CIOB/00G cri IotftdCopy I certify the; cached is a true and correct copy of the Articles of Organization of BLACKSMITH RUN, LLC, a limited liability company organized under the laws of the state of Flori L4, filed electronically on March 07, 2005 effective March 07, 2005, as shown by tho --ecords of this office I Rwffier cert•f4 that this is an eleamnieally transmitted certificate authorized by section 15.16, Floric•s Statutes, and authenticated by the code noted below. The docume-u number of this limited liability company is L05000022764. Authenticate,)m Code_ 050308090958-300047839543#2 Given under my hand and the Great Seal of the State of Florida at Tallahasseey the Capital, this the Eighth day of March, 2005 400 Developers, LLC October 13, 2005 Mr. Roy M. Davis NC Division of Water Quality 2090 US Highway 70 Swannanoa, NC 28778 Dear Mr. Davis, Vista Developers, LLC hereby authorizes and grants permission to Blacksmith Run, LLC usage of the sewage treatment plant at the project named Vista at Blacksmith Mountain. The sewage treatment plant was designed by Brooks and Medlock Engineering, PLLC and has sufficient capacity to treat 93,500 gpd of domestic wastewater. Best Regards, Ed Nunez Chief Operating Officer Vista Developers, LLC (828) 698-2400 (o) (828) 301-0586 (c) edn@vistadevelopers.com 525 N Main Street • Hendersonville, NC 28792 • (828) 698-2400 w • (828) 698-8801 f www.vistadevelopers.com October 7, 2005 Mr. Stig Wennerstrom 525 North Main Street Hendersonville, North Carolina 28792 Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E. Director Division of Water Quality vista D0090pa's OCT I " %Ou= Subject: Return of Fast -Track Permit Application Blacksmith Run Henderson County . Dear Mr. Wennerstrom: Attached herewith is the permit application, signed by you, seeking a Permit to construct and operate sewers to serve Blacksmith Run in Henderson County. The Application was submitted by Blacksmith run, LLC. In checking the North Carolina Secretary of State's web site I learn that Blacksmith Run is not incorporated in this State. Please resubmit the Application at such time as Blacksmith Run is incorporated in this State. n AC The NPDES Permit for the sewage treatment plant to serve Blacksmith Run was applied for in the name of Vista Developers, LLC. When resubmitting, the Application for the sewer lines should be accompanied by a letter from Vista Developers granting permission to Blacksmith Run, LLC to use the sewage treatment plant and stating that sufficient capacity exist to treat 93,500 gpd of domestic wastewater. Do not hesitate to call me at 828-296-4659 should you wish to discuss this matter in greater detail. Sincerely, Roy M. Davis Environmental engineer Xc: Norman Divers � II III OCT 1 7 2005 WATER C_LiALITY SECTloly na No hCaroli Natura!!il North Carolina Division of Water Quality 2090 U.S. Highway 70 Swannanoa, NC 28778 Phone (828) 296-4500 Customer Service Internet: h2o.enr.state.nc.us FAX (828) 299-7043 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer— 50% Recycled110% Post Consumer Paper FE r- 3MI' BROOKS & MEDLOCK ;` II 2 ENGINEERING, PLLC V F.T F iJ! I Letter Of Transmittal To: From: NCDENR Norman Divers yUAPOA C-aAele-0- Brooks & Medlock Engineering, PLLC Project Name: Date: Blacksmith Run September 12, 2005 Project No: 114304 Document Description: Date: Use: Application 9-9-05 Review Construction Plans Review Comments: Attached please find the documents as required for the extension of a private sanitary sewer system to serve the new residential subdivision known as Blacksmith Run off US 64 near Edneyville. We appreciate your timely review and look forWord.to your,comments .__ -------------------- L YU - { OCT 4 2005 F I!• OCT I WATER QUALITY SECTION _ I ASH_EVILLE REGIONAL OFFICE Vd:\ -R GUALIT Y .-ECTIOI\i 17 Arlington Street Asheville, NC 28801 Phone 828.232.4700 Fax 828.232.1331 FOR SECURITY PURPOSES, THE BORDER OF THIS DOCUMENT CONTAINS MICROPRINTING-=__.-----_ y BROOKS & MEDLOCK ENGINEERING, PLLC 65-112/531 Ph. 828-232-4700 17 Arlington Street Asheville, NC 28801 DATE o THE ORDER OF y 1460 a a�� L1 ELITE BUSINESS Pnn-n —.km' nET—Con " _ - 1 l� FOR Mr. Norman E. Divers, III Brooks & Medlock Engineering, PLLC 17 Arlington Street Asheville, North Carolina 28801 Dear. Mr. Divers: —^MichaE j F. Easlley, overnor . William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E. Director Division of Water Quality September 26, 2005 r Subject: Fast -Track Sewer Application Blacksmith Run Henderson County I am returning herewith the Fast —Track Sewer Permit Application for Blacksmith Run. The check submitted was in the amount of $450.00. The required amount is $400.00. When resubmitting please enclose two copies of the Application as well as two copies of all attachments including 8'/2 by 11 color maps of the site. Should you have need to discuss this matter please do not hesitate to call me at 828-296-4659. S' cerely, . Roy M. avis Environmental Engineer None hCarolina Naturally North Carolina Division of Water Quality 2090 U.S. Highway 70 Swannanoa, NC 28718 Internet: h2o.enr.state.nc.us An Equal Opportunity/Affirmative Action Employer— 50% Recycled110% Post Consumer Paper Phone (828) 296-4500 Customer Service FAX (828)299-7043 1-877-623-6748 FAST -TRACK APPLICATION REVIEW PROCEDURES Project Name Application received Date 0J lag b S Basic Review Date © b kp zl S Application Returned Date Application entered BIM's Date Application to County Person Permit Issued Date All fast -track projects should be submitted on the application entitled "Fast -Track Application for Gravity Sewers, Pump Stations, and Force Mains (FORM: FTA 02/03 currently) unless otherwise directed by the NDPU. Any pump station/force main projects that require an Environmental Assessment (EA) are excluded from the Fast -Track review process, and should be submitted for full review to the Central Office (NDPU) on FORM: PSFMGSA 10/99. Additionally, any projects involving a flow reduction request must receive approval for the flow reduction from the central office. PRE -REVIEW Does the application package appear to be generally complete (i.e. all attachments, check, key questions answered)?' If any portion of the application is not complete, or if any required instruction items have been omitted, RETURN the application package and supporting documents to the applicant using the Project Return Letter template. Send the package and letter via certified mail to the applicant, and a copy of the letter to the engineering consultant. Any projects that are to be returned shall be returned prior to accepting the application (i.e., before logging in the application and depositing the check)., After a project has been accepted, any information that. is found to be incorrect and/or lacking must be requested via an Additional /j Information Request in accordance with 15A NCAC 2H .0208(e). A`/��� Ensure that a check for $400 is submitted and made out to NCDENR. All new projects and major modifications to existing projects require an application fee. A major modification includes any changes to permitted flow volumes, changes in pipe diameter, changes in pipe length greater that 10% of the originally permitted length, changes in the operating points of a pump station, etc. SECTION A — Application Information If the applicant is private (Item B(2)) and listed as a corporation, check the NC Department of the Secretary of State's web site at http://www.secretary.state.nc.us/Corporations/ to ensure that the Applicant is registered with the Secretary of State to conduct business as a corporation in the State of NC. Developer's and HOA's should be listed. Ensure that the signing official meets the requirements of 15A NCAC 2H .0206(b). If they do not, request a revised application that has been completed by an appropriate official or a letter from an appropriate official that indicates the person in question is delegated to sign the application on the applicant's behalf. A current list of Delegated Signing Officials can be obtained from the DWQ Intranet. If a new delegated signing official letter is presented with the application, forward a copy to the central office so that the person may be added to the Delegated Signing Official list. The central office will send E-mails.to the appropriate region if a new signing official has been added so that the most current list can be used. The Non -Discharge Permitting Unit has an example delegated signing official letter from http://h2o.enr.state.nc.us/ndpu/spraypol.html#DELEG. SECTION B — Permit Information FAST -TRACK Application Review Procedures 2003 Project is new? Modification? If the project is a modification to an existing permit, be sure tc enter the application into BIMS as a permit modification (i.e. "renew/modify application" and i "create new project") . Applicant a public entity (e.g. county, town, sanitary district)? Applicant a private entity? Own (i.e. lease) units, lots, parcels, etc? Sell units, lots, parcels, etc? Certificate of Public Convenience and Necessity? 2H .0205(d)(2) ♦ Required if the applicant is a public utility. In lieu of a Certificate of Public Convenience and Necessity, they may submit written approval from the North Carolina Utilities Commission's Public Staff that states that the utility is allowed to provide utility service in the subject project area. Note that the project name on the application and on the CPCN must match. Contact the NCUC Public Staff if questions arise. Operational Agreement? 2H .0205(d)(2) ♦ Operational Agreements are only required if the applicant is not a public entity (i.e. Town, County, etc.) or public utility as designated by the North Carolina Utilities Commission AND the lots being served by the collection system are to be sold to individual owners. ♦ If the applicant is a developer, they must fill out the DEVELOPER Operational Agreement (FORM: DEV 02/03). A developer may be responsible for the system for an interim period until the homeowners association is formed, at which time a Permit Name/Ownership Change request (FORM: PNOCF 06/00) will be needed to transfer the permit to the HOA. ♦ If the applicant is a homeowners' association (HOA), they must fill out the ASSOCIATION Operational Agreement (FORM: HOA 02/03 The HOA must be registered with the Secretary of State's office and must provide a copy of the Associations' Bylaws and Articles of Incorporation. These documents should be reviewed to ensure that all applicable language regarding the collection system is included as is required by the Operational Agreement. ♦ The Operational Agreement should be attached to the permit and incorporated into the language of the permit. Please note that Operational Agreement language should not be altered without approval from the Attorney General's Office. Operational Agreements are available at http://h2o.enr.state.nc.us/ndpu/ndpuapps.htmi. Approval of flow to receiving sewers and WWTF? (i.e. P4 procedure, but now in-house!) ♦ Ensure that the receiving sewers and WWTF have adequate capacity available to accept the flow volume that is being requested, and that the WWTF has been in compliance with their treatment and disposal permit. Flow acceptance letter(s) from the owner of the WWTF and owner of any intermediate sewers (if different from WWTF owner and applicant)? 2H .0205(d)(3)(C) ♦ Required only if the applicant and the owner of the WWTF/intermediate sewers are not the same entity. ♦ Project specific flow acceptance letters are required. ♦ Ensure that the following items appear in the flow acceptance letter: applicant's name, project name, amount of wastewater flow accepted, date that the flow acceptance was granted, expiration date of the acceptance, and name/permit number of the receiving WWTF. Do not accept a flow acceptance letter that was issued more than one year prior to the receipt of the package. ♦ Ensure that the owner accepted the entire volume of flow listed in application. Wastewater industrial or domestic in nature? ♦ Most projects will be for wastewater that is domestic in nature, however, if Item B.6 indicates that the wastewater is industrial in nature, notify the Regional Office Pretreatment 2 FAST -TRACK Application Review Procedures 2003 Coordinator or the WQ Pretreatment Unit Central Office to determine if a pretreatment permit is needed or if a program already in place and compliant. NOW volume calculated correctly? 2H .0299(/) ♦ Ensure that the daily design flow in the application is based on the guidance provided in the regulations or existing flow, and that the explanation as to how this volume was determined is very specific (i.e., 22 three -bedroom homes, 50,000 s.f. of retail space, 18 employees, etc). This information will be included in the description of the system in the permit. Our regs say 120 gpd/bedroom for residential. Note that for one -bedroom the minimum they can use is 240 gpd. ♦ If daily design flow is not based on regulations, ensure that the applicant has an approved flow reduction of daily design flow rate on file with the Division. A list of approved flow reductions may be obtained from the DWQ Intranet or by contacting the NDPU. Flow reduction requests are to be reviewed by the central office, and must be reviewed and approved before the application is accepted by the regional office for review. ♦ Ensure that the flows shown on the application match up to what is shown on the plans (if available for review). For example, if the application states that 100 lots are to be developed, ensure that there are 100 lots, and not 150 lots, shown on the plans. Plans are only required for review if the applicant is requesting a variance to the MDC or the .0200's. ♦ Do not approve. "future" wastewater flows (i.e., that based on speculative development). These would be permitted in future wastewater collection system extensions. Adequate information provided. regarding the proposed gravity sewer and/or force main (if applicable)? Note: -An Environmental Assessment may be required if there are 3 miles of gravity sewer and the design capacity is 1 MGD or greater (15A NCAC 1 C .0100). Note that this criteria is currently under revision. Environmental Assessment projects can NOT go Fast -Track! Adequate information provided regarding the proposed pump station(s) (if applicable)? Note: An Environmental Assessment may be required if the pump station(s) have a design capacity greater than 1 MGD or greater (15A NCAC 1 C .0100). If there are any questions about whether an EA may be required, discuss with your supervisor or contact Todd Kennedy of the Planning Branch's Local Government Assistance Unit. ♦ Power reliability at the pump station provided in accordance with Section 5.04 of the Minimum Design Criteria for the Fast -Track Permitting of Pump Stations and Force Mains document (i.e dual line feed, portable generator w/telemetry, permanent'generator with automatic transfer switch, wet well storage if near Class C waters)? Project designed in accordance with 15A NCAC 2H .0200, the Gravity Sewer Minimum Design Criteria and the Minimum Design Criteria for the Fast -Track Permitting of Pump Stations and Force Mains document (as applicable)? If NO, forward one copy of the supporting documents to the Central Office for review, indicating the permit number, owner and project name. The Central Office will review the variance request, and if approvable, specific language regarding the variance will be forwarded to the Regional Office reviewer to incorporate into the permit. A copy of the variance letter provided by the central office should be kept with the application file. SECTION C — Watershed Classification Topographic map submitted? Watershed classification required? If YES, you are advised to "spot-check" the classification(s). If NO, ensure the applicant/engineer has indicated why one is not required. SECTION D —Certifications Signing Official's signature? 2H .0206(b) 3 FAST -TRACK Application Review Procedures 2003 ♦ Ensure that the applicant's signature is the same person as that listed as the applicant's signing official on Page 1 of the application form. PE stamped, signed, and dated application, plans, specifications, and calculations (it applicable)'? 2H .0205(d)(1)(A)(iii) ♦ Ensure that the same engineer has signed, sealed, and dated the application and all the items, with the exception of items designed by specialty disciplines (i.e., architectural, structural, plumbing, and electrical plans)- If not, an explanation and/or authorization is required. Adequate information provided for the engineer/engineering firm? PE with active license in North Carolina? 2H .0205(d)(1)(A)(iii) or 2H .0203(28) ♦ Ensure that ALL pertinent P.E.s have active licenses by checking the NC Professional Engineer's Board web site (www.ncbels.org - the PE number must be six digits, use leading 0 when needed). ♦ If the PE seal number does not show up on the web site database, call the PE Board for verification (919) 881-2293 . Drafting a Permit ♦ In order to be consistent, use the most current version of the Fast -Track permit shell (see DWQ Intranet). This permit shell contains specific language with respect to the Minimum Design Criteria, regulations, and collection system permitting. The NDPU will notify you of any changes to this permit shell. ♦ Be specific with respect the system description and information. Indicate the flow, what the project will be serving, length and size of gravity sewer lines and force mains, etc. For projects involving pump stations, the size of the pump stations, as well as the reliability option and any additional info (telemetry, odor control system, etc) should be included. A sample permit is on the DWQ Intranet. ♦ Add or remove any special conditions as necessary. Please call attention to any non-standard permit conditions in the cover letter of the permit and include the permit condition where necessary. See the Example Special Conditions document. ♦ If the project is a modification, don't forget to include the system description from the previous permit and void the previous permit in the language! Denying a Project ♦ If the Reviewer/Supervisor determines that an application package should be denied because it can not meet NC Statutes, rules or regulations, then a denial letter should be drafted. Special attention should be paid to the statutory deadline for permitting. If it is thought that a project might be denied, it is important to review it and draft the denial letter as soon as possible. There must be time allowed for the denial letter to be sent up to the Director and signed prior to the statutory date. ♦ The Reviewer should use the Application Denial Letter template to prepare a denial package for the Supervisor's review and submittal to the Director for signature. The letter should not be dated, but instead will be dated after the Director signs it. A memo to the Director should be attached to the top of the denial package summarizing the reasons for denial. This package must be singed off on by the reviewer, supervisor, Section Chief, and Director. Distribute the letter as directed in "Issuing a Permit" below. Issuing a Permit ♦ Permits should be signed only by those delegated to sign for the Director. ♦ Permits should be distributed as follows (include the signed Operational Agreement if applicable): ✓ Original to the Permittee ✓ Copy to the consulting engineer 4 FAST -TRACK Application Review Procedures 2003 ■ Complete ■ Print your name and'addrass on the reverse: - so that we can return the card to you. ■ Attach this card to the back of the•maiipiece, or on the front if space permits. 1_Article Addressed to: Ed Nunez, Registered Agent Vista Developers, LLC 525 N. Main Street Hendersonville NC 28792 III�IIIII�IIIIIIIII IIII III IIIIIIIIIII 9590 9402 2119 6132 6443 95 A. Signagent pe / / '/ �,w, �� q �✓ � ❑ AddresseE B. Received by (Printed Name) C. Date of Deliver) D. Is delivery address different from item, 1? ❑ Yes If YES, ent its}Jif� re�evs0sc 3..Service Type ❑ Adult Signature ❑ Adult Signature Restricted Delivery J erUfted Mall® ❑ ertified Mail Restricted Delivery ❑ Collect on Delivery ❑ Collect on Delivery Restricted Delivery 7.016 1 I13i7 0 10 0 01116 S 71 8 5f6 Or i 1 I� )11 Restricted Delivery I l l ❑ Priority Mall Express® ❑ Registered MallT ❑ Reggistered Mall Restricts Dallvery �etum Receipt for Merohandise ❑ Signature ConfirmationT' ❑ Signature Confirmation 1 Restricted Delivery PS Form S811'_ JWV 2015 PSN 7530-02=dd0-g053 A631N. '1,m /l - / _ I/. All Domestic Return Recelot BLM ON VONVNNVMS oL AVMHOim -s•n osoz soaONYHMO'o3O7N WOH AHLOWLL .xoq SM ul ®'b+dlZ PUB 'sseippe'aweu jnoAjulid aseald 06-J 'ON }iwJad Sdsn Pled s@a-A V 86e480d llew sselD snd w 0 z. L N m C o'er ,i w w M --b m q 7J N CD M a O o0 m � aDuuaS I181SoC saiBis paMur # JNDIOVUl Sdsn 4orth Carolina Department of Environmental Quality Division of Water Resources Hater Quality Operations Section 2090 U.S. Highway 70 / 5wannanoa, NC 28778-8211 G Ed Nunez, Registered Agent Vista Developers; LLC 525 N. Main Street Hendersonville NC 28792 �I�II�I'I'I'�IIII'I��IIIIIII'lll'lll�'I'll�l'I�I'lll'��'ll' i'delivery Nddress different,,fro m item 1? ES, enter delivery 0%below: li o� �k U tat`oa$ eotonat D . e II I'I�I'I IIII I I I II I II II I I I I I II I III I I III3. ❑ AdultSignatureSignature vice pRestricted Delivery F9590 9402 1846 6104 55 t 1 59 Certified Mall® ertified Mail Restricted Delivery cle Numt 7014 5 0 61144 ❑ Collect on Delivery ❑ Collect on Delivery Restricted Delivery I 1 I Zil Restricted Delivery ❑ Agent ❑ Addre ❑ Priority Mail Express@ ❑ Registered Mail^' ❑ Registered Mali Restrict Delivery Aetutm Receiptfor hand1sa ❑ Signature Confirmation'n ❑ Signature Confirmation 1 Restricted Delivery nnn nnco lint/ '%.1f • - LV, ^/- 12 V nnmP.Rfir.RP.turn USPS TRACKING # PI S L 9590 9402 1846 6104 5571 59 United States Postal Service 'first -Class Maj6,, Postage & Fe id U SPS Permit No. G-10 • Sender Please print your name, address, and ZIP+4® in this box* JANET CANTWELL NCDEQ-DWR-WQROS 2090 U.S. HIGHWAY 70 SWANNANOA NC 28778 ■ Complete items 1, 2, and 3. Also complete w �19na1ur�� item 4 if Restricted Delivery is desired. C�/C/ ❑ Agent X ■ Print your name and address on the reverse ❑ Addressee so that we can return the card to you. B. Received by (Printed Name) C. Date f Deliver. ■ Attach this card to the back of the mailpiece, G� 3 North Carolina Department Of ps different from item 17 EnYes �� • Environment and Natural Resources ;liveryaddress below: ❑ No Division of Water Resourcesi Water Quality Section NCDENR 2090 U.S. Highway 70, Swannanoa, NC 287781 -- 1 NG 00- - IIZ& Ed Nunez, Registered Agent Vista Developers, LLC 3. Se flede 525 N. Main Street �'�fl�M�l 0 Mail Hendersonville NC 28792 OReplstered ' RetumRecetptforMero Is ❑ Insured Mail ❑ C.O.D. Ir�I�II��I�I�nII�I�n�I�I��I�II 4. Restricted Delivery? (Extra Fee) ❑Y —` 7012 10i10; 0002 19617 6 1,' j j 11, If, ,li Lm_aD13-OC��P ,n c-.— qQ1 i r k---, onnn Rntnm Raraint 102595-02-M-1& UNITED STATES POSTAL SERVICE Firs Class Mail Post e & Fees Paid USPS Permit . G-10 • Sender: Please print your me, address, nd ZIP`+4 in th%,Oe �C' 4�o�ccO��ce 4�Qte� iora� is OP---- - JANET C QN��l!,+: NCDENR- Wje!WQ�" -- 2090 U.S. HI 4W 0 _ SWANNANOA 28778 ■ Complete items 1, 2, and 3. -Also complete A. Signature ❑ Agent item 4 if Restricted Delivgry is desired. ,on X ■ Print your name and addle&� the reverse ❑ Addresse( so that we can return the card to you. B. Received bv_(Printed Name) . C. Da e�of Deliver) - North Carolina Department of : " Environment and Natural Resources ss different from item 1? Yes Division Water Resourceslivery address below: A ❑ No of Water Quality Section NCD 2090 U.S. Highway 70, Swannanoa, NC 28778 i Ed Nunez, Registered Agent Vista Developers, LLC 3. Se ceType Blacksmith Run WWTP 525 N. Main Street wed MailrRebum%ecet eglstered Pt M andis( Hendersonville NC 28792 ❑ Insured Mail .D. 4. Restricted Delivery? (Extra Fee) ❑ e 7012 11010 10002; 11967, 658,2 it i ' 1V6V'_';1Or3- LA? -(fig S-3 3.q F=nrm RR11 _ Fehruary 2004 Domestic Return Receipt 102595-02-M-154 UNITED STATES POSTAL SERVICE • Sender: Please print your name, 470 JANET C 2090 U.S. HIGHWAY 70 SWANNANOA NC 28778 nd Z%4 in Firs - ass Mail Postage ees Paid USPS Permit No. G 0 Complete items 1., 2,;and 3. Also complete item Restricted DelivOyls desired. rr ur name and address on the reverse o that we can return the card to you. ttach this card to the back of the mailpiece, rtfi Carolip`-a -Cent of Environmental Quality Nater QLiality'RedioAl'Operations Section ?090 U.S. Highway 70 3wannanoa,, North:Carolina 28778...5., . =d Nunez, Registered Agent" /ista Developers, LLC _ _4 525 N. Main Street ienderso-qville NC 28792- �'I���'�'I'�IIII'I��IIIIIII'lll'lll�'I'll�l'I�I'lll' A. •:SignatiOre ; n ❑ Agent ' ❑ Addressee B Received by rioted Name) C. D to f Delivery 0UrU(JLifil' Lfr�%3�'�fc D. Is deliy ry address different from item 1? ❑ Yes If YES, enter delivery address below: ❑ No � cobs8o� 3. Service Type Certified Mail® ❑ Priority Mail Exprese" Registered Return Receipt for Merchandise ❑ Insured Mail ❑ Collect on Delivery 4. Restricted Delivery?, (Extra Fee) ❑ Yes =7 J7r41 125110 (000Q i �44 6[ I,1209! f i f f%V b"b-1a101 'S Form 381.1.. Ju1v2013... .. ... Domestic Return Receipt Ck UNITED STATEf, t��V16E First -Class Mail Postage agea& Fees Paid 'v USPS �av "* PerrAit No. G ]OL • Sender: Please print your name, address; -,and;,i4+40 in this box*,,. JANET CAN E N W COEQ-40WR.W.W 0 2090 U.S. HIGHWAY 701 SWANNANOANC 28778