NC0069671_Regional Office Physical File Scan Up To 12/1/2020

hICDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Michael F. Easley, Governor
Mr. Skip Dunn
TREVCO
2020 Howard Gap Road
Hendersonville, N.C. 28792
Dear Mr. Dunn:
November 13, 2006' D
L
William G. Ross, Jr., Secretary
Alan W: Klimek, P.E., Director
C
;i
NOV 2 0 2006
WATER QUALITY SECTION
HEVILLE REGIONAL OFFICE ,.1
... ,.....o _ ~ . . ->.
Subject: Rescission of NPDES Permit NCO069671
Mills River Village WWTP
Henderson County
Division staff has confirmed that the subject permit is no longer required. Therefore, in
accordance with your request, NPDES Permit NCO069671 is rescinded, effective immediately.
If in the future your firm wishes to discharge wastewater to the State's surface waters, you must
first apply for and receive a new NPDES permit. Discharge of wastewater without a valid
NPDES permit will subject the responsible party to a civil penalty of up to $25,000 per day.
If you have questions about this matter, please contact Charles Weaver of my staff at the
telephone number or address listed below.
Sincerely,
d' Q
G
Alan W. Klimek
lJ
cc: Central Files
.ill © i 'ce ! o er war s
NPDES Permit file
Fran McPherson, DWQ Budget Office
1617 Mail Service Center, Raleigh, North Carolina 27699-1617
512 North Salisbury Street, Raleigh, North Carolina 27604
Internet: h2o.enr.state.nc.us
Phone: [phone], extension 511 / FAX [phone]
charles.weaver(7a ncmail. net
NorthCarohna
Na&ralf�
An Equal Opportunity/Affirmative Action Employer — 50% Recycled/10% Post Consumer Paper

ILE.
NCDENR.
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Michael F. Easley, Governor - William G. Ross, Jr., Secretary
Alan W. klimek, P.E., Director
November 9, 2006
MEMORANDUM
TO: Western NPDES Program
Technical Assistance and Certification Unit
FROM: Jim Reid, ARO' lets
SUBJECT: Mills River Village - Rescind
NPDES Permit NCO032140
Henderson County
Attached Please find the subject permittee's request for rescission of subject permit.
ARO staff observed (on 11/8/06, see attached email) that the flow formerly treated in
the facility had been connected to Cane Creek Water and Sewer District's collection
system. Regional staff recommends that the permit be rescinded..
Kindly advise if additional information is required.
Asheville Regional Office One t, 2090 U.S. Highway 70, Swannanoa, North Carolina 28778 NOrthCarOlina
Phone: [phone] / FAX: [phone]/ Internet: www.ncwaterquality.org NaturallyAn Equal Opportunity/Affirmative Action Employer — 50% Recycled/10% Post Consumer Paper

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....................................................................
2020 Howard Gap Road
Hendersonville, NC 28792
October 24, 2006
0
R.- rr
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Rescind Permit Request, Mills River Village WWTP NPDES#NC0032140
Ms. Star Sylvis,
As of October 13, 2006 the Mills River Village waste treatment facility was rendered incapable of
receiving a flow of any kind by means of disconnecting the influent pipe. During the month of November
2006 the abandoned facility will be pumped into the Cane Creek Sewer System (Henderson County).
Special permission was granted by Mr. Doyle Freeman, Director at Henderson County's sewer system.
Final pumping will be provided by Mike's Septic by truck to MSD's waste treatment facility.
On October 13, 2006 the influent was diverted permanently to the County sewer system. As of this date
(10/24/06) the treatment facility has been removed from service. J.M.S. Builders and Mills River Village
have no further needf�IDES3P'.eii#U.06�7�1Tan� rei6' sffia �r r�li'T"entthtTnhT[�a'yn� res"�' shv�
Sincerely,
// " 4"�
Skip Dunn
Permittee
Trevor C. McMinn
Operator
L-1 NOV - 6 2006:
WATER QUALITY SEC T IOPJ
AS II VILLE RFG�;G AL OF _;CE

19671 rescission request]
Subject: Re: [Fwd: NCO069671 rescission request]
From: Roy Davis <[e-mail]>
Date: Wed, 08 Nov 2006 14:39:47 -0500
To: Roger Edwards <[e-mail]>, [e-mail], [e-mail],
[e-mail]
Yea. On this day I observed a line of manholes belonging to the Cane Creek Water and Sewer District of
Henderson County (CCWSDHC) marching right up to the WWTP which formerly served Mills River
Village. Additionally I observed that a pump had been used to pump activated sludge from the plants to
the nearest manhole. One aeration basin was empty. The other has about 1/8 of its normal inventory of
sludge and that sludge was being aerated.
For your future reference I observed a manhole belonging to the CCWSDHC in the rear of the property
occupied by Mills River Texaco. Next door, I observed empty WWTP units at Mills River Restaurant.
Roy Davis
Roger Edwards wrote:
Roy,
Please verify this connection date and let Charles know. If my memory is correct this facility did
connect.
Thanks,
R. Edward
Subject:
NCO069671 rescission request
From: Charles Weaver <charles.weaver([e-mail]>
Date: Tue, 07 Nov 2006 10:34:28 -0500
To: Roger Edwards <Roger.Edwards cr,ncmail.net>
To: Roger Edwards <[e-mail]>
CC: Roy Davis <[e-mail]>
Roger - Mills River Village is requesting rescission of their permit. They say they've been
connected to a POTW since October 24th.
Any reason not to rescind it? Let me know yea or nay.
Thanks,
CHW
1 of 2 11/9/2006 9:24 AM

Re: [Fwd: NCO069671 rescission request] .0
Subject: Re: [Fwd: NC0069671 rescission request]
From: Roy Davis <[e-mail]>
Date: Wed, 08 Nov 2006 14:39:47 -0500
To: Roger Edwards <[e-mail]>, [e-mail], [e-mail],
[e-mail]
Yea. On this day I observed a line of manholes belonging to the Cane Creek Water and Sewer District of
Henderson County (CCWSDHC) marching right up to the WWTP which formerly served Mills River
Village. Additionally I observed that a pump had been used to pump activated sludge from the plants to
the nearest manhole. One aeration basin was empty. The other has about 1/8 of its normal inventory of
sludge and that sludge was being aerated.
For your future reference I observed a manhole belonging to the CCWSDHC in the rear of the property
occupied by Mills River Texaco. Next door, I observed empty WWTP units at Mills River Restaurant.
Roy Davis
Roger Edwards wrote:
Roy,
Please verify this connection date and let Charles know. If my memory is correct this facility did
connect.
Thanks,
R. Edward
Subject:
NC0069671 rescission request
From:
Charles Weaver <charles.weaver(a.,ncmail.net>
Date:
Tue, 07 Nov 2006 10:34:28 -0500
To:
Roger Edwards <Roger.Edwards a-,ncmail.net>
To:
Roger Edwards <[e-mail]>
CC:
Roy Davis <Roy.Davis a,nemail.net>
Roger - Mills River Village is requesting rescission of their permit. They say they've been
connected to a POTW since October 24th.
Any reason not to rescind it? Let me know yea or nay.
1 of 2 11/8/2006 2:40 PM

L:]
0
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F� Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Departmen ivironment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
k _ , kshe ille Regional:Office
r 4 i.
July 6, 2006
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Skip Dunn
J M S Builders
4140 Haywood Rd
Horse Shoe, NC 28742
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 NCO069671
J M S Builders
Mills River Village WWTP
Case No. LV-2006-0181
Henderson County
Dear Mr. Dunn:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $350.00
($250.00 civil penalty + $100.00 enforcement costs) against J M S Builders.
This assessment is based upon the following facts: a review has been conducted of the discharge
monitoring report (DMR) submitted by J M S Builders for the month of April 2006. This review
has shown the subject facility to be in violation of the discharge limitations and/or monitoring
requirements found in NPDES Permit NC0069671. The violations that occurred in April 2006 are
summarized in Attachment A to this letter.
Based upon the above facts, I conclude as a matter of law that J M S Builders violated the terms,
conditions or requirements of NPDES Permit NCO069671 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).
4 2090 U.S. Highway 70, Swannanoa, NC 28778 Phone: [phone] FAX:[phone] Customer Service 1- 800 623-7748

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 Quality, I, Roger C Edwards, Division of Water Quality
Regional Supervisor for the Asheville Region, hereby make the following civil penalty assessment
against J M S Builders:
1 of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Permit No.
$250.00 NC0069671, by discharging waste water into the waters of the State
in violation of the Permit Monthly Average limit for FLOW.
250.00 TOTAL CIVIL PENALTY
100.00 Enforcement Costs
350.00 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:
1. 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 Quality
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 mi e 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 Quality 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 the Division of Water Quality 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 Quality 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 Quality
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 [phone] Facsimile: [phone]
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 the Water Quality staff of the Regional Office at
telephone number 828-296-4500.
Sincerely,
,r#xRo er C. Edwards, Regional Supervisor
Surface Water Protection
Asheville Regional Office
ATTACHMENTS
Regional Sup ervisor:w/ attachments= .
Enforcement File w/ attachments
Central Files w/ attachments

ATTACHMENT A
J M S Builders
CASE NUMBER: LV-2006-0181
PERMIT: NCO069671
FACILITY: Mills River Village WWTP
COUNTY: Henderson
. REGION: Asheville
Limit Violations
MONITORING OUTFALL/
PENALTY .REPORT PPI
VIOLATION
UNIT OF
CALCULATED ' % OVER
LOCATION PARAMETER DATE FREQUENCY
MEASURE LIMIT
VALUE LIMIT VIOLATION TYPE
$250.00 4-2006 001
Effluent' FLOW 04/30/06 Continuous
mgd - 0.032
0.3164 888.65 Monthly Average Exceeded

JL�..FICATION FOR REMISSION RF EST
DWQ Case Number: LV-2006-0181 County: Henderson
Assessed Party: JMS Builders, Mills River Village
Permit No. (NC069671): Amount Assessed: $350.00 ($250.00 penalty + $100.00 cost)
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 CAROL.,,. DEPART1virNT OF ENVIRONMENT
AND NATURAL RESOURCES
COUNTY OF
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINSTRATIVE HEARING AND
JMS BUILDERS, MILLS RIVE VILLAGE ) STIPULATION OF FACTS
PERMIT NO. NCO069671 ) FILE NO. LV-2006-0181
Having been assessed civil penalties totaling for violation(s) as set forth in the assessment
document of the Division of Water Quality dated, 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 Quality 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
20

EFk:o E*NT
NPDES PERMIT NO. NC0069671
FACILITY NAME DISCHARGE NO. '001 MONTH April YEAR 2006
Mills River Village Class COUNTY Henderson
OPERATOR IN RESPONSIBLE CHARGE (CRC ) Mills
Trevor C.
Pace
Se� Minn GRADE PHONE [phone]
CERTIFIED LABORATORIES(1) Pace Ana�fytiical Services 1 2
CHECK BOX IF ORC HAS CHANGED XL-J, - - .
--..PERSON(S) COLLECTING SAMPLES
Trevor McMinn
Mail ORIGINAL and ONE COPY to:
ATT; CENTRAL FILES
DIV. OF WATER QUALITY
x
1617 MAIL SERVICE CENTER .6118/06
RALEIGH, NC 27699-1617 (SIGNATURE OF OPERATOR IN RESPONSIBLE CHARGE)
BY THIS SIGNATURE, I CERTIFY THAT THIS REPORT IS
ACCURATE AND COMPLETE TO THE BEST OF MY KNOWLEDGE.
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Monthly Urnaii

Facility us: (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 the 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 systems 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."
MILLS RIVER VILLAGE
Permittee (Please pint or type.)
{ ' I .rn�,•` 5/1812006
Signature of Permittee** .. Date
4140 HAYWOOD ROAD ..... 828-891-6640 . 11/30/2005
Permittee Address ...Phone Number Permit Exp. Date
PARAMETER CODES
00010 Temperature
00556 Oil & Grease
00951 Total Fluoride
01067 Nickel
50060 Total
00076 Turbidity
00600 Total Nitrogen
01002 Total Arsenic
• 01077 Silver
1 Residual
00080 Color (Pt -Co)
00610 Ammonia Nitrogen
01092 Zinc
Chlorine "
00082 Color (ADMI)
00065 Total KJeldhal
01627 Cadmium
'01105 Aluminum
Nitrogen
00095 Conductivity
00630 Nitrates/Nitrites
01032 HexavalentChromiun
01147 Total selenium
71880 Formaldehyde
00300 Dissolved Oxygen
01034 Chromium-
31616 Fecal Coliform '
71900 Mercury
00310 Boo 6
00665 Total Phosphorous.
.3273.0 Total Phenolics
.81551 Xylene
00340 COD'
-00726 Cyanide
01037 Total Cobalt
34235 Benzene
00400 pH
00745 Total Sulfide
01042 Copper
34481 Toluene
00530 Total Suspended
60927 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 [phone], extension 681 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 15J NCAC 8A .0202 (b) (5) (6).
** If siged by other than the permitee, delegation of signatory authority must be on file with the state per 15A NCAC 2d�.0506 (b)), a
.(2) (D)• ;

�,r: � .�:;•_��;-
sue,,
EFFNT
NPDES PERMIT NO. NC0069671
DISCHARGE N0. 001
'
FACILITY NAME
MONTH
Mills River Village
April
YEAR 2006
OPERATOR IN RESPONS113LE CHARGE ORC
( )
Class II
Mark Jo es / CeCert.9988527 •
COUNTY
Henderson
CERTIFIED LABORATORIES(1)
. GRADE
Pace Analytical S' Ices Inc.
II PHONE
(828}273-0760
CHECK BOX IF ORC HAS CHANGED X
2
PERSON(S) COLLECTING SAMPLES
.
z:,Mark Jones.
Amended
1 L
x III
(SIGNATURE OF OPERATOR
5118/06
11i
IN RESPONSIBLE CHARGE)
BY THIS
DATE
SIGNATURE, I CERTIFY THAT THIS REPORT IS
_ =*
ACCURATE AND COMPLETE TO THE BEST OF MY KNOWLEDGE. t7

' Facility'oLaLus: (Please Check one of.the following)
All monitoring data and sampling frequencies meet permit requirements
Compliant
All monitoring data and sampling q lin frequencies do NOT meet permit requirements
Noncompliant
If the facility is noncompliant, Please comment on the 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 systems 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 Imprisonmentfor knowing violations."
MILLS RIVER VILLAGE
Permittee (Please pintpr type.)
5118/2006
Signature of Permittee**. Date
4140 HAYWOOD ROAD 828-891-6640
11301
2Exp. Da
1�
Permittee Address :: , • � � Permit to
Phone Number "
PARAMETER CODES
00010 Temperature. 00556 Oil & Grease 00951 Total Fluoride 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) 00065 Total KJeldhal 01027 Cadmium 01105 Aluminum
Nitrogen
' 00095 Conductivity 00630 Nitrates/Nitrites 01032 Hexavalent Chromiun 01147 Total selenium 71880 Formaldehyde
00300 Dissolved Oxygen 01034 Chromium 31616 Fecal Col'iform 71900 Mercury
00310 BOD 6" 00665 Total Phosphorous 32736 Total Phenolics 81551 Xylene
00340 COD 00720 Cyanide 01037 Total Cobalt 34235 Benzene
00400 pH 00745 Total Sulfide 01042 Copper 34481, Toluene "
00530 Total Suspended 00927 Total Magnesium38260 MBAS
Residue 00929 Total Sodlum 01045 Iron 39516 PC89
00545 Settleable Matter .00940 Total Chloride G1051 Lead 50050 Flow
Parameter Code assistance may obtained by calling the Water Quality Compilance Group at [phone], 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 15J NCAC-8A .0202 (b) (5) (B).
** If siged by other than the permitee, delegation of signatory authority must be on file with the state per 15A, NCA02B1.6506 (b)
(2) (D)•

v a _
DIVISION OF WA Ek QUALITY-'CIVII. PENALTY ASS --�14ENT (FILE)
Violator:
County:
Case Number:
J M S Builders
Henderson
LV-2006-0181
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;
Flow was the only limitation that the facility violated.
2) The duration and gravity of the violation;
The permit holder violated the flow limitation only during the month of April, 2006 and exceeded the
limitation by 889%
3) The effect on ground or surface water quantity or quality or on air quality;
No damages were documented..
4) The cost of rectifying the damage;
Unknown, but anticipated to be minor.
5) The amount of money saved by noncompliance;
Unknown
6) Whether the violation was committed willfully or intentionally;
Violation was anticipated to be unintentional.
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
The facility has had no assessable violations during the 12-month period preceding the month of April,
2006.
8) The cost to the State of the enforcement procedures.
$100.00
;;P�'>Zo6
Date
A, -&Roger C. dwards, Regional Supervisor
Surface Water Protection
Asheville Regional Office

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
Asheville Regional Office
SURFACE WATER PROTECTION
September 11, 2006 1 L
Skip Dunn
J M S Builders.
4140 Haywood Rd
Horse Shoe NC 28742
SUBJECT: August 22, 2006
Compliance Sampling Inspection
.J M S Builders
Mills River Village VVWTP
Permit No: NCO069671
Henderson County
Dear Mr. Dunn:
Enclosed please find a copy of the Compliance Sampling inspection form from the
inspection conducted on August 22, 2006. The facility was found to be in Compliance
with permit NCO069671.
Please refer to the enclosed inspection report for additional observations and
comments. If you or your staff have any questions, please call me at [phone].
Sincerely,
S A.
tarr Silvis
Environmental Engineer
Enclosure
cc: Trevor McMinn
Central Files
-shevi`I1e Files .,�.
t
NonrthCarolina
2090 U.S. Highway 70, Swannanoa, NC 28778 Telephone: [phone] Fax: [phone] Customer Service 1 877 623-6748

tL�
United States Environmental Protection Agency
Washington, D.C. 20460
EPA
Form Approved.
OMB No. 2040-0057
Water Compliance Ins ection'Re ort
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 15I 31 NC0069671 111 121 06/08/22 117 18I SI 191 SI 20III
Remarks
21IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII1IIIIIIII6
Inspection Work Days Facility Self -Monitoring Evaluation Rating 61 CIA ---- ---------Reserved---------
67I 169 70III 711 I 72I N I 731 I 174 751 I I I I I I 180
I I I
Section B: Facility Data
Name and Location of Facility Inspected (For Industrial Users discharging to POTW, also include
POTW name and NPDES permit Number)
Entry Time/Date
Permit Effective Date
Mills River Village WWTP
01:00 PM 06/08/22
06/02/01
Exit Time/Date
Permit Expiration Date
US Hwy 191 N
Horse'Shoe NC 28742
01:30 PM 06/08/22
10/11/30
Name(s) of Onsite Rep resentative(s)/Titles(s)/Phone and Fax Number(s)
Other Facility Data
Name, Address of Responsible Official/ritle/Phone and Fax Number
Skip Dunn,4140 Haywood Rd Horse Shoe NC 28742//828-891-6640/ Contacted
No
Section C: Areas Evaluated During Inspection (Check only those areas evaluated)
Facility Site Review
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
Starr Silvis ��ARO WQ//828-296-4500/ c7-rY_
Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date
G
EPA Form 3560-3 (Rev 9-94) Previous editions are obsolete.
Page # 1

ft M
NPDES yr/mo/day Inspection Type
NCO069671 I11 12I 06/08/22 117 ISI I
Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary)
Fecal coliform laboratory results are 110 colonies per 100ml. This is below permit limits.
Page # 2

DIVISION OF ENVIRONMENTAL MANAGEMENT WATER QUALITY FIELD -LAB FORM (DM1)
COUNTY -�
y/L'.ti(w9�`�
PRIORITY
RIVER BASIN v ,CfA,tJT V-. i��t�iC'�_ :.�
REPORT TO A� RO FRO MRO RRO WaRO WIRO WSRO TS
❑AMBIENT QA
❑
AT BM
COMPLIANCE ❑ CHAIN
Other
OF CUSTODY
❑EMERGENCY
Shipped by: Bus Courier, Staff, Other
�OLLECTOR(S): �S . S JV 4
Estimated BOD Range: 0-5/5-25/25-65/40-130 or 100 plus
STATION LOCATION:
Seed: Yes ❑ No El Chlorinated: Yes ❑ No ❑
REMARKS:
Station �LC( Dalte�lBegin (yy/mm/dd)
Time Begin
ate End
ZZ
Oil
LX i�r~ 7t
1
BOD5 310 mg/l
2
COD High 340 mg/l
3
COD Low 335 mg/l
4
Coliform: MF Fecal 31616 j /100m1
5
Coliform: MF Total 31504 /100ml
6
Coliform: Tube Fecal 31 115 /100ml
7
Coliform: Fecal Strep 31673 /100ml
8
Residue: Total 500 mg/l
9
Volatile 505 mg/l
10
Fixed 510 mg/I
11
Residue: Suspended 530 mg/l
12
Volatile 535 mg/I
13
Fixed 540 mg/l
14
pH 403 units
15
Acidity to pH 4.5 436 mg/l
16
Acidity to pH 8.3 435 mg/l
17
Alkalinity to pH 8.3 415 mg/l
13
Alkalinity to pH 4.5 410 mg/l
19
TOC 680 mg/l
20
Turbidity 76 NTU
SAMPLE TYPE
❑ STREAM /LI��JJ
EFFLUENT
❑ LAKE ❑ INFLUENT
❑ ESTUARY
kb Use ONLY
Number: A (5
Received:
d by: J "S I From: B
DATA ENTRY BY: 'TA"S CK: JCS
DATE REPORTED: V ` St% -zlr;
Time EndlIJDepth DM DB DBM (Value Type
A H L
Chloride 940 mg/l
Chi a: Tri 32217 ug/I
Chi a: Corr 32209 ug/I
Pheophytin a 32213 ug/l
Color: True 80 Pt -Co
Color:(pH ) 83 ADMI
Color: pH 7.6 82 ADMI
Cyanide 720 mg/l
Fluoride 951 mg/1
Formaldehyde 71880 mg/l
Grease and Oils 556 mg/I
Hardness Total900 mg/l
Specific Cond. 95 uMhos/cm2
MBAS 38260 mg/l
Phenols 32730 ug/I
Sulfate 945 mgA
Sulfide 745 mg/l
NH3 as N 610 mgA
TKN as N 625 mg/l
NO2 plus NO3 as N 630 mgA
P: Total as P 665 mg/l
PO4 as P 70507 mgA
P: Dissolved as P 666 mg/1
Cd-Cadmium 1027 ug/l
Cr-Chromium.Total1034 ugA
Cu-Copper 1042 ug/l
Ni-Nickel 1067 ug/l
Pb-Lead 1051 ug/l
Zn-Zinc 1092 ug/1
Ag-Silver 1077 ug/l
AI -Aluminum 1105 ug/l
Be -Beryllium 1012 ug/l
Ca -Calcium 916 mg/1
Co -Cobalt 1037 ug/l
Fe -Iron 1045 ugA
Composite Sampl
T S B' C
GNXX
Li -Lithium 1132 ug/l
Mg -Magnesium 927 mg,
Mn-Manganese 1055 ug/
Na-Sodium 929 mg/l
Arsenic -Total 1002 ug/l
Se -Selenium 1147 ug/1
Hg-Mercury 71900 ug/l
Organochlorine Pesticides
Organophosphorus Pesticides
I I Acid Herbicides I
II Base/ Neutral Extractable Organics
Acid Extractable Organics
I I Purgeable Organics (VOA bottle reg'd)�
Phytoplankton
ampling Point %
Conductance at 25 C
Water Temperature (C)
D.O. mg/l
pH
Alkalinity
Acidity
Air Temperature (C)
1300
pH 8.3 pH 4.5
pH 4.5 pH 8.3
94
10
1
400 .
82244 431
82243 182242
20
Salinity %
Precipitlon On/day)
Cloud Cover %
Wind Direction (Deg)
Stream Flow Severity
Turbidity Severity
Wind Velocity M/H
can Stream Depth ft.
Stream Width ft.
480 145
32
36
1351
1350
35
64
4
10/86

�/Ugtd�Y�:E179tti•rie59ryt�.�;a:w.,��..__.. _. ,�_
n
ich _ I F. asley, G for ,
illia . R ss Jr., S C
North Carolina D�ra,,,,�ent of E i . onment I N a
`pik- t-.,. _ a-c^ mnm.;e.,rcv<wsi .....: . �.. .
Alan 1 % Klimek P E Director
Division of Water Quality
Asheville Regional Office
SURFACE WATER PROTECTION
February 15, 2006
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Skip Dunn
J M S Builders
4140_ Haywood Rd
Horse Shoe NC 28742
Subject: NOTICE OF VIOLATION
NOV-2006-PC-0054
Compliance Sampling Inspection
Mills River Village WWTP
Permit No. NCO069671
Henderson County
Dear Mr. Dunn:
Enclosed please find a copy of the Inspection Report from the inspection conducted January
26, 2006. The Compliance Sampling Inspection was conducted by Starr Silvis and Jim Reid of the
Asheville Regional Office. The treatment facility was found to be in violation of Permit NC0069671
for the following:
Inspection Area Compliance Issue
Sampling Fecal coliform results were 410 /100 ml. Permit limits are 400 /
100 ml daily max. Chlorination must provide adequate
disinfection of effluent.
It is our understanding that there is a new municipal sewer line in close proximity to the Mills
River Village. It is this Office's understanding that Mills River Village intends to tie into the sewer
line and will therefore discontinue use of the existing treatment plant in the near future. Until that
time the treatment plant must maintain compliance with the NPDES permit.
Please refer to the enclosed Inspection Report for any additional observation and comments.
�2090 U.S. Highway 70, Swannanoa, N.C. 28778 Telephone: [phone] FAX: [phone] Customer Service: 877/623-6748 One
NorthCarolina
Naiirrallll

Mr. Dunn.
February15, 2006
Page 2
To prevent further action, carefully review these violations and deficiencies and respond in
writing to this office within fifteen (15) working day of receipt of this letter. You should address the
causes of noncompliance and all actions taken to prevent the recurrence of similar situations. If you
should have any questions, please do not hesitate to contact Starr Silvis at 828/296-4500.
Sincerely,
Roger C. Edwards, Regional Supervisor
Surface Water Protection
Attachment
cc: Trevor McMinn, w/ attachment
WQ Central Files w/ attachment
Enforcement w/ attachment

United States Environmental Protection Agency
Washington, D.C. 20460
EPA
Form Approved.
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
2 15I 31 NC00'69671 111 121 06/ 01/26 117 181 gl 19I SI 20I
Remarks
2111
1 1 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII IIIIIIIIIII6
Inspection Work Days Facility Self -Monitoring Evaluation Rating B1 . QA -------------- ----------- Reserved -------- -------------
67I 169 701 I 711 I 721NI 731I I 174 751 I I I I I I 180
I I
Section B: Facility Data
Name and Location of Facility Inspected (For Industrial Users discharging to POTW, also include
POTW name and NPDES permit Number)
Entry Time/Date
Permit Effective Date
Mills Ri:• er Village WWTP
10:15 AM 06/01/26
01/O5,/01
Exit Time/Date
Permit Expiration Date
US Hwy 191 N
Horse Shoe NC 23742
10:30 m 06/01/26
05/11/30
Name(s) of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s)
Other Facility Data
Trevor Clyde Mccminn/ORC/828-696-8971/
Name, Address of Responsible Official/Title/Phone and Fax Number
Skip Dunn,4'140 Haywood Rd Horse Shoe NC 287_..� � a1_.6 Contacted
//3�8-8__ eo40/
No
Section C: Areas Evaluated During Inspection (Check only those areas evaluated)
Permit ■ Flow Measurement N Operations & Maintenance N Facility Site Review
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
James R. Reid ARO 60Q. /328-296-4500 Ext.4651/
Starr Silvis ARO WQ//329-296-45C0/
S ff r
�d
Signature of Manageme Reviewer and Fax Numbers Dated
nAgency/Office/Phone
��%
Roger C Edwards '�/l ARO WQ//828-296-4500/ C
—]v g- (-=- ' -c l-- &'. c(/j
EPA Form 3560-3 (Rev 9-94) Previous editions are obsolete.
Page # 1

NPDES yr/mo/day Inspection Type
3I NCO06967 I11 12I O61 Qi /26 117 18I S I
Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary)
Sampling Results are as follow:
Sampling Results Permit Limits
BOD 12 mg/I 45 mg/l daily max
TSS 14 mg/I 45 mg/l daily max
Fecal 410 / 100 ml 400 / 100 ml daily max
Fecal Coliform results were slightly higher than the permitted daily max. Care must be taken to assure
adequate chlorination for disinfection.
Page # 2

r Permit: NCO069671 Owner - Facility: Mills River Village VWVfP
Inspection Date: 01/26/2006 Inspection Type: Compliance Sampling
Operations & Maintenance
Yes
No
NA NE
Is the plant generally clean with acceptable housekeeping?
.0000
Does the facility analyze process control parameters, for ex: MLSS, MCRT, Settleable Solids, pH, DO, Sludge ■
Judge, and other that are applicable?
Comment:
Permit
Yes
No
NA
NE
(If the present permit expires in 6 months or less). Has the permittee submitted a new application?
❑
❑
■
n
Is the facility as described in the permit?
■
n"
f=1
n
# Are there any special conditions for the permit?
n
n
■
n
Is access to the plant site restricted to the general public?
■
fl
n
Is the inspector granted access to all areas for inspection?
ol
n
❑
n
Comment:
Bar Screens
Yes.
No
NA
NE
Type of bar screen
a.Manual
■
b.Mechanical
fl
Are the bars adequately screening debris?
■
n
n
n
Is the screen free of excessive debris?
n
■
n
n
Is disposal of screening in compliance?
❑
n
fl
Is the unit in good condition?
fl
❑
Cl
Comment:
Secondary Clarifier
Yes.
No
NA
NE
Is the clarifier free of black and odorous wastewater?
■
[1
❑
n
Is the site free of excessive buildup of solids in center well of circular clarifier?
❑
n
■
n
Are weirs level?
■nnn
Is the site free of weir blockage?
■
n
n
Is the site free of evidence of short-circuiting?
■
n
❑
Is scum removal adequate?
■
n
❑
n
Is the site free of excessive floating sludge?
■ "
n
n
n
Is the drive unit operational?
0
n
■
n
Is the return rate acceptable (low turbulence)?
■
❑
n
Page # 3

Permit: NCO069671 Owner - Facility: •MillsRiver. Villa. ge:VVVVTP'.',
Inspection Date: 01/26/2006 Inspection Type: Compliance Sampling
Seconds ;Clarifier
Yes No
NA
NE ,
Is the overflow clear of excessive solids/pin floc?
Is the sludge blanket level acceptable? (Approximately-% of the sidewall depth)
fl .❑
❑
.Comment`..
Aeiation.:BasinS
Yes No
NA
NE
Mode of operation '. ..
Ext. Air.
Type. of aeration system,
Diffused
Is the basin,free.of dead spots?
❑
n;
Are surface "aerators and mixers operational?
❑ rl
n
Are the diffuses operational?
❑
❑
❑
Is the 'foam:the proper color for the treatment process?
❑ n
171
Does the foam cover less than 25% of the basin's surface?
fl
fl
fl
Is then DO level acceptable?
❑ 0
fl
Is the DO'level acceptable?(1.0 to 3.0 mg/1)
fl Q
Comment -
Yes yes No
NA
NE
Type of system ?
Tablet
Is the feed, ratio proportional to chlorine amount (1 to 1)?
❑
❑
0
Is storage appropriate for cylinders?
n ❑
El
# Is de -chlorination substance stored away from chlorine containers?
n
❑
n
Comment:
Are the tablets the proper size and type?
fl
❑
❑
Are tablet de -chlorinators operational?
❑
0
0
Number of tubes in use?
?
Comment: "
Disinfection -Tablet ; ;
Yes No
NA NE
Are tablet chlorinators operational?
❑
❑
El
" Are. the tablets the proper size and type?
❑
fl
fl
Number of tubes in use?
3
Is the IeVel of,chlorine'residual acceptable?
rl
❑,
❑
Is the contact chamber free of growth, or sludge buildup?
Li
fl
Page # 4

Permit: NCO069671
inspection Date: 01/26/2006
Disinfection -Tablet
Is there chlorine residual prior to de -chlorination?
Owner - Facility: Mills River Village WWTP
Inspection Type: Compliance Sampling
Comment: Fecal coliform sampling results were 410 / 100ml. The permitted limit is
400 / 100ml. Chlorination must be examined and adjusted to allow for adequate
disinfection.
Page # 5

DIVISION OF WATER QUALITY
Chemistry
Laboratory Report / Water Quality
r /pG ISAMPLE
j'.!�'�
PRIORITYy
Tl'PECOUNTY
❑d
; y -! a
RIVER BASIN:
AMBIENT
A❑ ❑ Q
STREAM
EFFLUENT�''
ed : 1 ra i%1�
�/bt `yREPORTTO
r€D Regional Ofrce
COMPLIANCE
❑ CHAIN OF CUSTODY❑
LAKE
� MFLUENT
y
Lrd
Other
❑ EMERGENCY
VISITID
❑ ES"CUARY
dCOLLECTOR(S)ed
: ]� �j ,
Estimated 90D Range:
Station Location: 10
1 7
Seed: x
Chlorinated:
Remarks:
'
Station N /
ry
Date Begin (} /tmtt/dr1)
Date End (yy/mnt/dd)
Time Begin.
Time End
Depth-ib119� DB, DB111
Value Type - A,11, L00
Composite-'1', S,
Samplc'Fype
t '' 7
"�
l�
Chloride 940 mg/L
Chl a: Tri 32217 ug/L
Chl a: Corr 32209 ug/L
Pheophytin a 32213 ug/l.
Color: True 80 c,n,
Color: (pH ) 83 pH=. Cu.
Color: lift 7.6 82 C.U.
Cyanide 720 mg/L
Fluoride 951 mg/L
Fomialdehyde 71880 mg/L
Grease and Oils 556 mg/L
Hardness' Total900 mg/L
Specific Cond. 95 umhos/cm
M➢AS 38260 mg/L
Plienols 32730 ug/L
Sulfate 945 mg/L
Sulfide 745 mg/L
Boron
Tannin & Lignin ug/L
Ilexavalent Chromium ug/L
.
Bicarbonate mg/L
Carbonate mg/L
7-olal Dissolved Solids nrg/L
:OMMENTS
NI13 as N 610 mg/L
TKN an N 625 mg/L
NO2 plus NO3 as N 630 mg/L
P: Total as P 665 mg/L
PO4 as P 70507 mg/L
P: Dissolved as P 666 mg/L
K-Potassium mg/L
Cd- Cadmium 1027 ug/L
Cr-Chromium:Tolal 1034 ug/L
Cu- Copper 1042 ug/L
Ni-Nickel 1067 ug/L
Pb- Lead 1051 ug/L
Zn- "Zinc 1092 ug/L
V-Vanadium ug/L
Ag- Silver 1077 ugiL
AI- Aluminum 1105 ug/L
Be- Beryllium 1012 ug/I.
Ca- Calcium 916 ntg/L
Co- Cobalt 1037 ug/L
Fe- lion 1045 ug/L
Mo-Molybdenum ug/L
Sb-Antimony 0g/L
Sri-Tillug/L
TI- Thallium ugrL
Ti-Titanium ug/L
Hg-1631 ny L

,V,
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Michael F. Easley, Governor William G. Ross, Jr., Secretary
Al W KI;tk P E n;rector
January 9, 2006
Mr. Skip Dunn
JMS Builders & Developers, Inc.
4140 Haywood Road.
Horse Shoe, NC 28742
an me , I
. . F JAN 1.8 2006 �.
WATER QUALITY SECTION
ASHEVILLE REGIONAL OFFICE
Subject: Issuance of NPDES Permit NCUU69671
Mills River Village WWTP
Henderson County D tD
Dear Mr. Dunn:
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).
Please be aware that the Mills River is listed as an impaired stream on North Carolina's 303(d)
list. This means that the stream does not meet all water quality standards. Although non -point
sources are the main'contributor to this degradation, the Division will continue to monitor
compliance at your facility and take appropriate steps should the discharge be found to cause any
further impairment of the'stream.
The Division received comment in response to the public notice for the proposed reissuance of
this permit, in each case requesting the discharge be eliminated because the- discharge occurs
upstream of a municipal drinking water intake; and because public sewer service is expected to
be available in the area near the Mills River Village WWTP within the year. Copies of these .
comments.are provided as attachments to this letter. While the Division is not requiring the
elimination of the discharge at this time, the circumstances surrounding this discharge are such
that we strongly urge you to seriously investigate the possibility of connecting to the county's
sewer system when it becomes available. Correspondence received by the Division from you
with regard to a separate matter indicated that you were already planning to make this
connection.
1617 Mail Service Center, Raleigh, North Carolina 27699-1617
512 N. Salisbury St., Raleigh, North Carolina 27604 NorthCarohna
Phone: [phone] FAX [phone] / Internet:: h2o.enr:state.nc.us J Naturally
An Equal Opportunity/Affirmative Action Employer — 50% Recycled/10% Post Consumer Paper

Mr. Skip Dunn
NPDES Permit NCO069671 Renewal
P•2
In response to the public comment received, this final permit includes the following change from
the draft permit sent to you on October 12, 2005:
• A condition has been added that requires the permittee to submit an Engineering
Alternatives Analysis (EAA) prior to any expansion of the present wastewater treatment
facilities or a request for further renewal of the permit. The permit condition will require
you to submit a report examining the feasibility of continuing to discharge as opposed to
pursuing connection or other means of wastewater treatment and disposal before the
WWTP will be allowed to expand or the permit renewed.
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 Bob Sledge at telephone
number [phone], extension 547.
Sincerely,
rW. Klimek, P.E.
cc: Central Files
s e�i� . {e �� � ; � - , ce , ate Preteetie ' ec "
NPDES Unit
James S. Erwin, Jr. / Henderson County Utilities Department (235 St. John Road, Unit F;
Fletcher, NC 28732)
David Hanks / City of Asheville (P.O. Box 7148, Asheville, NC 28802)
Francine Durso / Clean Water Management Trust Fund (530 North Wilmington Street,
Raleigh, NC 27604)

Permit NCO069671
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES .
DIVISION -OF WATER QUALITY.... -
PERMIT
TO DISCHARGE WASTEWATER UNDER THE
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
In compliance with the provisions of North Carolina General Statute 143-215.1, other lawful standards and
regulations promulgated and adopted by the North.Carolina Environmental Management Commission,' and the
Federal Water Pollution Control Act, as amended,
JMS Builders and Developers, Inc.
is hereby authorized to discharge wastewater from a facility located at the
Mills River Village WWTP
US Highway 191 North
North of Hendersonville
Henderson County
to receiving waters designated as Mills River in the French Broad River Basin
in accordance with effluent limitations, monitoring requirements, and other conditions set forth in Parts
I, H, III and IV hereof.
This permit shall become effective February 1, 2006.
This permit and authorization to discharge shall expire at'midnight on November 30, 2010. -
Signed this day January 9, 2006.
d — . Ala . Klimek, P.E., Director
/. Di Sion of Water Quality
By Authority of the Environmental Management Commission

Permit NCO069671
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.
JMS Builders and Developers, Inc. is hereby authorized to:
1. ' Continue to operate an existing 0.032 MGD wastewater treatment system with the following
components:
Lift station
♦ Flow splitter box
♦ Dual aeration basins
♦ Clarifier
♦ Sludge holding basin
♦ Dual detention tanks
♦ Tablet chlorinator
♦ Chlorine contact tank
V-notch weir
♦ Dechlorination chamber
The facility is located north of Hendersonville at the Mills River Village WWTP, off of US
Highway 191 North in Henderson County.
2. After receiving an Authorization to Construct from the Division of Water Quality, construct
additional facilities needed to increase the wastewater treatment plant flow capacity to 0.040 MGD.
3. Discharge from said -treatment works at the location specified on the attached map into the Mills
River, classified WS-II Tr HQW CA waters in the French Broad River Basin.

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Facility Information Facility
Latitude: 32�23'15" Sub -Basin: 04-03-03 Location
Longitude: 82°33'26"
Quad Name: Skyland
Stream Class: WS-I1 Tr, HQW, CA
Receiving Stream: Mills River JMS Builders -Mills River Village
IF NCO069671
North County Coo
unty

Permit NCO069671
A. (1.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS — FINAL
During the period beginning on the effective date of this permit and lasting until expansion above
0.032 MGD, the Permittee is authorized to discharge from outfall 001. Such discharges shall be
limited and monitored by the Permittee as specified below:
EFFLUENT a.,M
" �LIMIS,
;�MONIT,ORII�IREQUIREM�NTS
,
CHARACTERISTICS
�� �$
g5�
ktf'�
Kg
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,:
Montt�lyr
;.d'
Daily
Measurement
+ysa'�'.v wa _y�
SampleN
rg _
Sample Locat[on
a fi
n
EMaximum
s
a 1:
Flow
0.032 MGD
Continuous
Recording
Influent or Effluent
BOD, 5-day (20°C)
30.0 mg/L
45.0 mg/L
Weekly
Composite
Effluent
Total Suspended Solids
30.0 mg/L
45.0 mg/L
Weekly
Composite
Effluent
NH3 as N
2/Month
Composite
Effluent
Fecal Coliform (geometric mean)
200/100 ml
400/100 ml
Weekly
Grab
Effluent
Total Residual Chlorine
28 µg/L
2/Week
Grab
Effluent.
Temperature CC)
Weekly
Grab
Effluent
pH1
Weekly
Grab
Effluent
Footnotes:
1. The pH shall not be less than 6.0 standard units nor greater than 9.0 standard units.
There shall be no discharge of floating solids or visible foam in other than trace amounts

- Permit NCO069671
A. (2.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS — FINAL
During the period beginning upon expansion to 0.040 MGD and lasting until expiration, the Permittee
is authorized to discharge from outfall 001. Such discharges shall be limited and monitored by the
Permittee as.specified below:
w i �5
EFFLUEfV
t
a -51tC�
f 4,10, NIT, ING REM' REMENTS
K Ly a n
&
n
C�IAiACTERISTICS�4
'+x 'S'�E
vs:} r.,kH
n.��
a
Measu ement Sam le Sam IeLocation f
'.�k� � �
Frequkency
Flow'
0.040 MGD
Continuous
Recording
Influent or Effluent
BOD, 5-day (20°C)
30.0 mg/L
45.0 mg/L
Weekly
Composite
Effluent
Total Suspended Solids
30.0 mg/L
45.0 mg/L
Weekly
Composite
Effluent
NHs as N
2/Month
Composite
Effluent
Fecal Coliform (geometric mean)
200/100 ml
400/100 ml
Weekly
Grab
Effluent
Total Residual Chlorine
28 µg/L
2/Week
Grab
Effluent
Temperature (°C)
Weekly
Grab
Effluent
pH1
Weekly
Grab
Effluent
Footnotes: .
1. The pH shall not be less than 6.0 standard units nor greater than 9.0 standard units.
There shall be no discharge of floating solids or visible foam in other than trace amounts
A. (3.) ENGINEERING ALTERNATIVES ANALYSIS
Prior to construction of additional facilities, the permittee is required to submit a letter of justification
to show that the additional flow is needed and that other means of wastewater treatment'and disposal
(including, but not limited to, connection to a publicly owned sewer system) are not feasible. An
Engineering Alternatives Analysis (EAA) shall be prepared in compliance with the Division's guidance
document for EAAs. Because sewer service is expected to be available in the area of the discharge
during the time of this permit cycle, submittal of an EAA will also be required prior to any request for
renewal of NPDES permit NCO069671.

NPDES Permit Requirements
` Page, 2 of 16
In'accordance with (4) above, influent grab samples shall not be collected more than once per hour.
Effluent grab samples shall not be collected more than once per hour except at wastewater treatment systems
having a detention time of greater than 24 hours. In such cases, effluent grab samples may be collected at
intervals evenly, spaced over the 24-hour period that are equal in number of hours to the detention time of the
system in number of days.' However, the interval between effluent grab samples may not exceed six hours nor
the number of samples less than four 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 Dischargce
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 122.3)
Daily Maximum
The highest "daily discharge" during the calendar month. -
Daily Sampling
Parameters requiring daily sampling shall be sampled 5 out of every 7 days per week unless otherwise specified in "the
permit. The Division expects that sampling shall be conducted on weekdays except where holidays or other
disruptions of normal operations prevent weekday sampling. If sampling is required for all seven days of the week
for any permit parameter(s), that requirement will be so noted on the Effluent Limitations and Monitoring Page(s):`.
DWO or "the Division
The Division of Water Quality, Department of Environment and Natural Resources.
EMG
The North Carolina Environmental Management Commission. '
Facility Closure The cessation of wastewater treatment at a permitted facility, or the cessation of all activities that require coverage '
under the NPDES. Completion of facility closure will allow this permit to be rescinded.
Geometric Mean
The Nth root of the product of the individual values where N = the number of individual values. For purposes of
calculating the geometric mean, values of "0" (or "< [detection leveq'D shall be considered =1.
Grab Sample
Individual samples of at least 100 ml collected over a period of time not exceeding 15 minutes. Grab samples can be
collected manually. Grab samples must be representative of the discharge (or the receiving stream, for instream
samples).
Hazardous Substance
Any substance designated under 40 CFR Part 1.16 pursuant to Section 311 of the Clean Water Act.
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: _
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NPDES Permit Requirements
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Months 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 IssuingAu rity
The Director of the Division of Water Quality.
Quarterly Average (concentration limitl
The average of all samples taken over a calendar quarter.
Severe Vroperty damage
Substantial physical damage to property, damage to the treatment facilities which causes them to become inoperable,
or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a
bypass. Severe property damage excludes economic loss caused by delays in production.
Toxic Pollutant:
Any pollutant listed as toxic under Section 307(a)(1) of the Clean Water Act.
Up -set
An incident beyond the reasonable control of the Permittee causing unintentional and temporary noncompliance with
permit effluent limitations and/or monitoring requirements. An upset does not include noncompliance caused by
operational' error, improperly. designed .treatment facilities, inadequate treatment facilities, lack of preventive
maintenance, or careless or improper operation.
Weekly Average (concentration limitl
The arithmetic mean of all "daily discharges" of a pollutant measured during the calendar week. In the case of fecal
coliform, the geometric mean of such -discharges.
Section B. General Conditions
1. Duty to Comply -
The Permittee must comply with all conditions of this permit. Any permit noncompliance constitutes a violation
of the Clean Water Act and is grounds for enforcement action; for permit termination, revocation and reissuance,.
or modification; or denial of a permit renewal application [40 CFR 122.41].
a. The Permittee shall comply with effluent standards or prohibitions established under section 307(a) of the
Clean Water Act for toxic pollutants and with standards for sewage sludge use or disposal established under
section 405(d) of the Clean Water Act within the time provided in the regulations that establish these
standards or prohibitions or standards for sewage sludge use or disposal, even if the permit has not yet been
modified to incorporate the requirement.
b. The Clean Water Act provides that any person who violates section 301, 302, 306, 307, 308, 318 or 405 of the
Act, or any permit condition or limitation implementing any such sections in a permit issued under section
402, or any requirement imposed in a pretreatment program approved under sections 402(a)(3) or 402(b)(8)
of the Act, is subject to a civil penalty not to exceed $25,000 per day for each violation. [40 CFR 122.41 (a)
(2)]
c. The Clean Water Act provides that any person who negligently violates sections 301, 302, 306, 307, 308, 318, or
405 of the Act, or any condition or limitation implementing any of such sections in a permit issued under
section 402 of the Act, or any requirement imposed in a pretreatment program approved under section
402(a)(3) or 402(b)(8) of the Act, is subject to criminal penalties of $2,500 to $25,000 per day of violation, or
imprisonment of not more than 1 year, or both. In the case of a second or subsequent conviction for a
negligent violation, a person shall be subject to criminal penalties of not more than $50,000 per day of
violation, or by imprisonment of not more than 2 years, or both. [40 CFR 122.41 (a) (2)]
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NPDES Permit Requirements
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d. Any person who knorvin,gyl violates such sections, or such conditions or limitations is subject to criminal
penalties of $5,000 to $50,000 per day of violation, or imprisonment for not more than 3 years, or both. In
the case of a second or subsequent conviction for a knowing violation, a person shall be subject to criminal
penalties of not more than $100,000 per day of violation, or imprisonment of not more than 6 years, or both.
[40 CFR 122.41 (a) (2)]
e. Any person who knowingly violates section 301, 302, 303, 306, 307, 308, 318 or 405 of the Act, or any permit
condition or limitation implementing any of such sections in a permit issued under section 402 of the Act,
and who knows at that time that he thereby places another person in imminent danger of death or serious
bodily injury, shall, upon conviction, be subject to a fine of not more than $250,000 or imprisonment of not
more than 15 years, or both. In the case of a second or subsequent conviction for a knowing endangerment
violation, a person shall be subject to a fine of not more than $500,000 or by imprisonment of not more than
30 years, or both. An organization, as defined in section 309(c)(3)(13)(1) 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 $10,000 per violation, with the maximum amount of any Class I penalty assessed not to exceed
$25,000. Penalties for Class II violations are not to exceed $10,000 per day for each- day during which. the
violation continues, with the maximum amount of any Class II penalty not to exceed $125,000. [40 CFR
122.41 (a) (3)]
2. Duty to Mitigate
The Permittee shall take all reasonable steps to minimize or prevent any discharge or sludge use or disposal in
violation of this permit which has a reasonable likelihood of adversely affecting human health or the environment
[40 CFR 122.41 (d)].
3. Civil and Criminal Liability
Except as provided in permit conditions on 'Bypassing" (Part II. C. 4), "Upsets" (Part II. C. 5) and "Power
Failures" (Part II. C. 7), nothing in this permit shall be construed to relieve the Permittee from any
responsibilities, liabilities, or penalties for noncompliance pursuant to NCGS 143-215.3, 143-215.6 or Section 309
of the Federal Act, 33 USC 1319. Furthermore, the Permittee is responsible for consequential damages, such as
fish kills, even though the responsibility for effective compliance may be temporarily suspended.
4. Oil and Hazardous Substance Liability
Nothing in this permit shall be construed to preclude the institution of any legal action or relieve the Permittee
from any responsibilities, liabilities, or penalties to which the Permittee is or may be subject to under NCGS 143-
215.75 et seq. or Section 311 of the Federal Act, 33 USG 1321. Furthermore, the Permittee is responsible for
consequential damages, such as fish kills, even though the responsibility for effective compliance may be
temporarily suspended.
5. Property Rights
The issuance of this permit does not convey any property rights in either real or personal property, or any
exclusive privileges, nor does it authorize any injury to private property or any invasion. of personal rights, nor
any infringement of Federal, State or local laws or regulations [40 CFR 122.41 (g)].
6. Onshore or Offshore Construction
This permit does not authorize or approve the construction of any onshore or offshore physical structures or
facilities or the undertaking of any work in any navigable waters.
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7. Severability
The provisions of this permit are severable. If any provision of this permit, or the application of any provision of thi
permit to any circumstances, is held invalid, the application of such provision to other, circumstances, and the remainde
of this permit, shall not be affected thereby [NCGS 150B-23].
8. Duty to Provide Information
The Permittee shall furnish to the Permit Issuing Authority, within a reasonable time, any information which the
Permit Issuing Authority may request to determine whether cause exists for modifying, revoking and reissuing, or
terminating this permit or'to determine compliance with this permit. The Permittee shall also furnish to the
Permit Issuing Authority.upon request, copies of records required -by this permit [40 CFR 122.41 (h)].
9. Duty to Reapply '
If the Pcmu'ttee 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. Signnt= Requirements
All applications, reports, or information submitted to the Permit Issuing Authority shall be signed and certified
[40 CFR 122.41 (k)].
a. All permit applications shall be signed as follows:
(1) For a corporation: by a responsible corporate officer. For the purpose of this Section, a responsible
corporate officer means: (a) a president, secretary, treasurer or vice president of the corporation in
charge of a principal business function, or any other person who performs similar policy or decision
making functions for the corporation, or (b) the manager of one or more manufacturing, production, or
operating facilities, provided, the manager is authorized to make management decisions which govern the
operation of the regulated facility including having the explicit or implicit duty of making major capital
investment recommendations, and initiating and directing other comprehensive measures to assure long
term environmental compliance with environmental laws and regulations; the'manager can ensure that
the necessary systems are established or actions taken to gather complete and accurate information for
permit application requirements; and where authority to sign documents has been assigned or delegated
to the manager in accordance with corporate procedures .
(2) For a partnership or sole proprietorship: by a general partner or the proprietor, respectively; or
(3) For a municipality, State, Federal, or other public agency: by either a principal executive officer or
ranking elected official [40 CFR 122.22].
b.. All reports required by the permit and other information requested by the Permit Issuing Authority shall be
signed by a person described in paragraph a. above or by a duly authorized representative of that person. A
person is a duly authorized representative only if.
1. The authorization is made in writing by a person described above;
2. The authorization specified either an individual or a position having responsibility for the overall
operation of the regulated facility or activity, such as the position of plant manager, operator of a well or
well field, superintendent, a position of equivalent responsibility, or an individual or position having
overall responsibility for environmental matters for the company. (A duly authorized representative may
thus be either a named individual or any individual occupying a named position); and
3. The written authorization is submitted to the Permit Issuing Authority [40 CFR 122.22]
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c.' Changes to authorization: If an authorization under paragraph (b) of this section is no longer accurate
because a different individual or position has responsibility for the overall operation of the facility, a new
authorization satisfying the requirements of paragraph (b) of this section must be submitted to the Director
prior to or together with any reports, information, or applications to be signed by an authorized
representative [40 CFR 122.22]
d. Certification. Any person signing a document under paragraphs a. or b. of this section shall make the
following certification [40 CFR 122.22]:
7 certify, under penalty of law, that this document and all attachments were prepared under my direction or
supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate
the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons
directly responsible for gathering the information, the information submitted is, to the best of my knowledge and
belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information,
including the possibility of fines and imprisonment for knowing violations. "
12. Permit Actions -
This permit may be modified, revoked and reissued, or terminated for cause. The filing of a request by the
Permittee for a permit modification, revocation and reissuance, or termination, or a notification of planned
changes or anticipated noncompliance does not stay any permit condition [40 CFR 122.41
13: Permit Modification Revocation and Reissuance or Termination
The issuance of this permit does not prohibit the permit issuing authority from reopening and modifying the
permit, revoking and reissuing the permit, or terminating the permit as allowed by the laws, rules, and regulations
contained in Title 40, Code of Federal Regulations, Parts 122 and 123; Title 15A of the North Carolina
Administrative Code, Subchapter 2H .0100; and North Carolina General Statute 143-215.1 et. al.
14. Annual Administering and Compliance Monitoring Fee Requirements
The Permittee must pay the -annual administering and compliance monitoring fee within thirty days after being
billed by the Division. Failure to pay the fee in a timely manner in accordance with 15A NCAC 2H.0105 (b) (4)
may cause this Division to initiate action to revoke the permit.
Section C. - Operation and Maintenance of Pollution Controls
Certified Operator
Upon classification of the permitted facility by the Certification Commission, the Permittee shall employ a
certified water pollution control treatment system operator in responsible charge (ORC) of the water pollution
control treatment system. Such operator must hold a certification of the grade equivalent to or greater than the
classification assigned to the water pollution control treatment system by the Certification 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 at least weekly
➢ Comply with all other conditions of 15A NCAC 8G.0204.
The ORC of each Class II, III and IV facility must:
➢ Visit the facility at least daily, excluding weekends and 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
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b. Within 120 calendar days of:
➢ Receiving notification of a change in the classification of the system requiring the designation of a
new ORC and back-up ORC
➢ A vacancy in the position of ORC or back-up ORC.
2. Proper Operation and Maintenance
The Permittee shall at all times provide the operation and maintenance resources necessary to operate the existing
facilities at optimum efficiency. The Permittee shall at all times properly operate and maintain all facilities and
systems of treatment and control (and related appurtenances) which are installed or used by the Permittee to
achieve compliance with the conditions of this permit. Proper operation and maintenance also includes adequate
laboratory controls and appropriate quality assurance procedures. This provision requires the Permittee to install
and operate backup or auxiliary facilities only when necessary to achieve compliance with the conditions of the
permit [40 CFR 122.41 (e)].
3. Need to Halt or Reduce not a Defense
It shall not be a defense for a Permittee in an enforcement action that it would have been necessary to halt or
reduce the permitted activity in order to maintain compliance with the condition of this permit [40 CFR 122.41
(c)]
4. Bypassing of Treatment Facilities
a. Bypass not exceeding limitations [40 CFR 122.41 (m) (2)]
The Permittee may allow any bypass to occur which does not cause effluent limitations to be exceeded, but
only if it also is for essential maintenance to assure efficient operation. These bypasses are not subject to the
provisions of Paragraphs 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. Upsets
a. Effect of an upset [40 CFR 122.41 (n) (2)]: An upset constitutes an affirmative defense to an action
brought for noncompliance with such technology based permit effluent limitations if the requirements of
paragraph b. of this condition are met. No determination made during administrative review of claims that
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noncompliance was caused by upset, and before an action for noncompliance, is final administrative action
subject to judicial review.
b. Conditions necessary for a demonstration of upset: A Permittee who wishes to establish the
affirmative defense of upset shall demonstrate, through properly signed, contemporaneous operating logs, or
other relevant evidence that:
(1) An upset occurred and that the Permittee can identify the cause(s) of the upset;
(2) The Permittee facility was at the time being properly operated; and
(3) The Permittee submitted notice of the upset as required in Part II. E. 6. (b) (B) of this permit.
(4) The Permittee complied with any remedial measures required under Part II. B. 2. of this permit.
d. Burden of proof [40 CFR 122.41 (n) (4)]: The Permittee seeking to establish the occurrence of an
upset has the burden of proof in any enforcement proceeding.
6. Removed Substances
Solids, sludges, filter backwash, or other pollutants removed in the course of treatment or control of wastewaters
shall be utilized/disposed of in accordance with NCGS 143-215.1 and in a manner such as to prevent any pollutant
from such materials from entering waters of the State or navigable waters of the United States. The Permittee
shall comply with all existing Federal regulations governing the disposal of sewage sludge. Upon promulgation of
40 CFR Part 503, any permit issued by the Permit Issuing Authority for the utilization/disposal of sludge may be
reopened and modified, or revoked and reissued, to incorporate applicable requirements at 40 CFR 503. The
Permittee shall comply with applicable 40 CFR 503 Standards for the Use and Disposal of Sewage Sludge (when
promulgated) within the time provided in the regulation, even if the permit is not modified to incorporate the
requirement. The Permittee shall notify. the Permit Issuing Authority of any significant change in its sludge use
or disposal practices.
7. Power Failures
The Permittee is responsible for maintaining adequate safeguards (as required by 15A NCAC 2H.0124 —
Reliability) to prevent the discharge of untreated or inadequately treated wastes during electrical power failures
either by means of alternate power sources, standby generators or retention of inadequately treated effluent.
Section D. Monitoring and Records
Representative Sampling
Samples collected and measurements taken, as required herein, shall be characteristic of the volume and nature of
the permitted discharge. Samples collected at a frequency less than daily shall be taken on a day and time that is
characteristic of the discharge over the entire period the sample represents. All samples shall be taken at the
monitoring points specified in this permit and, unless otherwise specified, before the effluent joins or is diluted
by any other wastestream, body of water, or substance. Monitoring points shall not be changed without
notification to and the approval of the Permit Issuing Authority [40 CFR 122.41 (j)].
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, LL 2, 3) or alternative forms approved by the
Director, postmarked no later than the 28th day 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
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Flow Measurements
Appropriate flow measurement devices and methods consistent with accepted scientific practices shall be selected
and used to ensure the accuracy and reliability of measurements of the volume of monitored discharges. The
devices shall be installed, calibrated and maintained to ensure that the accuracy of the measurements is consistent
with the accepted capability of that type of device. Devices selected shall be capable of measuring flows with a
maximum deviation of less than.10% from the true discharge rates throughout the range of expected discharge
volumes. Flow measurement devices shall be accurately calibrated at a minimum of once per year and maintained
to ensure that the accuracy of the measurements is consistent with the accepted capability of that type of device.
The Director shall approve the flow measurement device and monitoring location prior to installation.
Once -through condenser cooling water flow monitored by pump logs, or pump hour meters as specified in Part I
of this permit and based on the manufacturer's pump curves shall not be subject to this requirement.
4. Test Procedures
Test procedures for the analysis of pollutants shall conform to the EMC regulations (published pursuant to
NCGS 143-215.63 et. seq.), the Water and Air Quality Reporting Acts, and to regulations published pursuant to
Section 304(g), 33 USC 1314, of the Federal Water Pollution Control Act (as Amended), and 40 CFR 136; or in
the case of sludge use or disposal, approved under 40 CFR 136, unless otherwise specified in 40 CFR 503, unless
other test procedures have been specified in ,this permit [40 CFR 122.41].
To meet the intent of the monitoring required by this permit, all test procedures must produce minimum
detection and reporting levels that are below the permit discharge requirements and all data generated must be
reported down to the minimum detection or lower reporting level of the procedure. If no approved methods are
determined capable of achieving minimum detection and reporting levels below permit discharge requirements,
then the most sensitive (method with the lowest possible detection and reporting level) approved method must
be used.
5. Penalties for Tampering
The Clean Water Act provides that any person who falsifies, tampers with, or knowingly renders inaccurate, any
monitoring device or method required to be maintained under this permit shall, upon conviction, be punished by
a fine of not more than $10,000 per violation, or by imprisonment for not more than two years per violation, or
by both. If a conviction of a person is for a violation committed after a first conviction of such person under this
paragraph, punishment is a fine of not more than $20,000 per day of violation, or by imprisonment of not more
than 4 years, or both [40 CFR 122.41].
6. Records Retention
Except for records of monitoring information required by this permit related to the Permittee's sewage sludge
use and disposal activities, which shall be retained for a period of at least five years (or longer as required by 40
CFR 503), the Permittee shall retain records of all monitoring information, including
➢ all calibration and maintenance records
➢ all original strip chart recordings for continuous monitoring instrumentation
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
122.411.
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 individua(s) who performed the sampling or measurements;
c. The date(s) analyses were performed;
d. The individual(s) who performed the analyses;
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e: The analytical techniques or methods used; and
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;
b. Have access to and copy, at reasonable times, any records that must be kept under the conditions of this
permit;
c. Inspect at reasonable times any facilities, equipment.(including monitoring and control equipment), practices,
or operations regulated or required under this permit; and
d: Sample or monitor at reasonable times, for the purposes of assuring permit compliance or as otherwise
authorized by the Clean Water Act, any substances or parameters at any location [40 CFR 122.41 (i)].
Section E Reporting Requirements
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) (I).
c. 'The alteration or addition results in a significant change in the Permittee's sludge use or disposal practices,
and such alternation, addition or change may justify the application of permit conditions that are different
from or absent in the existing permit, including notification of additional use or disposal sites not reported
during the permit application process or not reported pursuant to an approved land application plan.
3. Anticipated Noncompliance
The Permittee shall give advance notice to 'the Director of any planned changes to the permitted facility or other
activities that might result in noncompliance with the permit [40 CFR 122.410) (2)].
4. Transfers
This permit is not transferable to any person except after notice to the Director. The Director may require
modification or revocation and reissuance of the permit to document the change of ownership. Any such action.
may incorporate other requirements as may be necessary under the Clean Water Act [40 CFR 122.410) (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 DMK
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6. Twenty-four Hour Reporting
a. The Permittee shall report to the Director or the appropriate Regional Office' any noncompliance that
potentially threatens public health or the environment. Any information shall be provided orally within 24
hours from the time the Permittee became aware of the circumstances. A written submission shall also be
provided within 5 days of the time the Permittee becomes aware of the circumstances. The written
submission shall contain a description of the noncompliance, and its cause; the period of noncompliance,
including exact dates and times, and if the noncompliance has not been corrected, the anticipated time it is
expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the
noncompliance [40 CFR 122.410) (6)].
b. The Director may waive the written report on a case -by -case basis for reports under this section if the oral
report has been received within 24 hours.
c. Occurrences outside normal business hours may also be reported to the Division's Emergency Response
personnel at [phone], [phone] or [phone].
7. Other Noncompliance
The Permittee shall report all instances of noncompliance not reported -under Part II. E. 5 and 6. of this permit at
the time monitoring reports are submitted. The reports shall contain the information listed in Part II. E. 6. of
this permit [40 CFR 122.41 0) (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 122.410) (8)].
9. Noncompliance Notification
The Permittee shall report by telephone to either the central office or the appropriate regional office of the
Division as soon as possible, but in no case more than 24 hours or on the next working day following the
occurrence or first knowledge of the occurrence of any of the following.
a. Any occurrence at the water pollution control facility which results in the discharge of significant amounts of
wastes which are abnormal in quantity or characteristic, such as the dumping of the contents of a sludge
digester; the known passage of a slug of hazardous substance through the facility; or any other unusual
circumstances.
b. Any process unit failure, due to known or unknown reasons, that render the facility incapable of adequate
wastewater treatment such as mechanical or electrical failures of pumps, aerators, compressors, etc.
c. Any failure of a pumping station, sewer line, or treatment facility resulting in a by-pass directly to receiving
waters 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 of Water Quality. As required by the Act, effluent data shall not be considered confidential.
Knowingly making any false statement on any such report may result in the imposition of criminal penalties as
provided for in NCGS 143-215.1 (b) (2) or in Section 309 of the Federal Act.
11. Penalties for Falsification of Reports
The Clean Water Act provides that any person who knowingly makes any false statement, representation, or
certification in any record or other document submitted or required to be maintained under this permit, including
monitoring reports or reports of comphince or noncompliance shall, upon conviction, be punished by a fine of
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not more than $25,000 per violation, or by imprisonment for not more than two years per violation, or by both
[40 CFR 122.41].
12. Annual Performance Reports
Permittees who own or operate facilities that collect or treat municipal or domestic waste shall provide an annual
report to the Permit Issuing Authority and to the users/customers served by the Permittee (NCGS 143-215.1C).
The report shall summarize the performance of the collection or treatment system, as well as the extent to which
the facility was compliant with applicable Federal or State laws, regulations and rules pertaining to water quality.
The report shall be provided no later than sixty days after the end of the calendar or fiscal year, depending upon
which annual period is used for evaluation.
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 (Atq 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 of the Division of Water Quality, 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";
0) One hundred micrograms per liter 000 µg/L);
(2) Two hundred micrograms per liter (200 µg/L) for acrolein. and acrylonitrile; five hundred micrograms
per liter (500 µg/L) for 2.4-dinitrophenol and for 2-methyl-4.6-dinitrophenol; and one milligram per liter
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";
0) Five hundred micrograms per liter (500 µg/L);
(2) One milligram per liter 0 mg/L) for antimony;
(3) Ten times the maximum concentration value reported for that pollutant in the permit application.
Section D. Evaluation of Wastewater Discharge Alternatives
The Permittee shall evaluate all wastewater disposal alternatives and pursue the most environmentally sound
alternative of the reasonably cost effective alternatives. If the facility is in substantial non-compliance with the terms
and conditions of the NPDES permit or governing rules, regulations or laws, the Permittee shall submit a report in
such form and detail as required by the Division evaluating these alternatives and a plan of action within 60 days of
notification by the Division.
Section E. Facility Closure Requirements
The Permittee must notify the Division at least 90 days prior to the closure of any wastewater treatment system
covered by this permit. The Division may require specific measures during deactivation of the system to prevent
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adverse impacts to waters of the State. This permit cannot be rescinded while any activities requiring this permit
continue at the permitted facility.
PART IV
SPECIAL CONDITIONS FOR MUNCIPAL FACILITIES
Section A. Publicly Owned Treatment Works _(POTWsI
All POTWs must provide adequate notice to the Director of the following.
1. Any new introduction of pollutants into the POTW from an indirect discharger which would be subject to
section 301 or 306 of CWA if it were directly discharging those pollutants; and
2. Any substantial change in the volume or character of pollutants being introduced by an indirect discharger
as influent to that POTW at the time of issuance of the permit.
3. For purposes of this paragraph, adequate notice shall include information on (1) the quality and quantity of
effluent introduced into the POTW, and (2) any anticipated impact of the change on the quantity or quality
of effluent to be discharged from the POTW.
Section B. Municipal Control of Pollutants from Industrial Users.
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. Under no circumstances shall the Permittee allow introduction of the following wastes in the waste
treatment system:
a. Pollutants which create a fire or explosion hazard in the POTW, including, but not limited to,
wastestreams with a closed cup flashpoint of less than 140 degrees Fahrenheit or 60 degrees
Centigrade using the test methods specified in 40 CFR 261.21;
b. Pollutants which will cause corrosive structural damage to the POTW, but in no case Discharges
with pH lower than 5.0, unless the works is specifically designed to accommodate such Discharges;
C. Solid or viscous pollutants in amounts which will cause obstruction to. the flow in the POTW
resulting in Interference;
d. Any pollutant, including oxygen demanding pollutants (BOD, etc.) released in a Discharge at a flow
rate and/or pollutant concentration which will cause Interference with the POTW;
e. Heat in amounts which will inhibit biological activity in the POTW resulting in Interference, but in
no case heat in such quantities that the temperature at the POTW Treatment Plant exceeds 40°C
(104°F) unless the Division, upon request of the POTW, approves alternate temperature limits;
f. Petroleum oil, nonbiodegradable cutting oil, or products of mineral oil origin in amounts that will
cause interference or pass through;
g. Pollutants which result in the presence of toxic gases, vapors, or fumes within the POTW in a
quantity that may cause acute worker health and safety problems;
h. Any trucked or hauled pollutants, except at discharge points designated by the POTVV.
3. With regard to the effluent requirements listed in Part I of this permit, it may be necessary for the
Permittee to supplement the requirements of the Federal Pretreatment Standards (40 CFR, Part 403) to
ensure compliance by the Permittee with all applicable effluent limitations. Such actions by the Permittee
may be necessary regarding some or all of the industries discharging to the municipal system.
4. The Permittee shall require any industrial discharges sending influent to the permitted system to meet
Federal Pretreatment Standards promulgated in response to Section 307(b) of the Act. Prior to accepting
wastewater from any significant industrial user, the Permittee shall either develop and submit to the
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Division a Pretreatment Program for approval per 15A NCAC 2H .0907(a) or modify an existing
Pretreatment Program per 15A NCAC 2H .0907(b).
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 Clean Water Act and implementing
regulations or by the requirements of the approved State pretreatment program, as appropriate.
Section C. Pretreatment Programs
Under authority of sections 307(b) and (c) and 402(b)(8) of the Clean Water Act and implementing regulations 40
CFR Part 403, North Carolina General Statute 143-215.3 (14) and implementing regulations 15A NCAC 2H
.0900, and in accordance with the approved pretreatment program, all provisions and regulations contained and
referenced in the Pretreatment Program Submittal are an enforceable part of this permit.
The Permittee shall operate its approved pretreatment program in accordance with Section 402(b)(8) of the Clean
Water Act, the Federal Pretreatment Regulations 40 CFR Part 403, the State Pretreatment Regulations 15A
NCAC 2H .0900, and the legal authorities, policies, procedures, and financial provisions contained in its
pretreatment program submission and Division approved modifications there of. Such operation shall include
but is not limited to the implementation of the following conditions and requirements:
_Sewer Use Ordinance (SUO)
The Permittee shall maintain adequate legal authority to implement its approved pretreatment program.
2. Industrial Waste Survey OWS)
The Permittee shall update its Industrial Waste Survey (IWS) to include all users of the sewer collection
system at least once every five years.
Monitoring Plan
The Permittee shall implement a Division approved Monitoring Plan for the collection of facility specific
data to be used in a wastewater treatment plant Headworks Analysis (HWA) for the development of
specific pretreatment local limits. Effluent data from the Plan shall be reported on the DMRs (as required
by Part II, Section D, and Section E.S.).
4. Headworks Analysis (HWA) and Local Limits
The Permittee shall obtain Division approval of a Headworks Analysis (HWA) at least once every five
years, and as required by the Division. Within 180 days of the effective date of this permit (or any
subsequent permit modification) the Permittee shall submit to the Division a written technical evaluation
of the need to revise local limits (ie., an updated HWA or documentation of why one is not needed) [40
CFR 122.42]. 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 (!UP) & Allocation Tables
In accordance with NCGS 143-215.1, the Permittee shall issue to all significant industrial users, permits for
operation of pretreatment equipment and discharge to the Permittee's treatment works. These permits
shall contain limitations, sampling protocols, reporting requirements, appropriate standard and special
conditions, and compliance schedules as necessary for the installation of treatment and control
technologies to assure that their wastewater discharge will meet all applicable pretreatment standards and
requirements. The Permittee shall maintain a current Allocation Table (AT) which summarizes the results
of the Headworks Analysis (HWA) and the limits from all Industrial User Pretreatment Permits (IUP).
Permitted IUP loadings for each parameter cannot exceed the treatment capacity of the POTW as
determined by the HWA.
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6. Authorization to Construct (,A to Q
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.
7. POTW Inspection & Monitoring of their SIUs
The Permittee shall conduct inspection, surveillance, and monitoring activities as described in its Division
approved pretreatment program in order to determine, independent of information supplied by industrial
users, compliance with applicable pretreatment standards. The Permittee must:
a. Inspect all Significant Industrial Users (SIUs) at least once per calendar year; and
b. Sample all Significant Industrial Users (SIUs) at least twice per calendar year for all permit -
limited pollutants, once during the period from January 1 through June 30 and once during the
period from July 1 through December 31, except for organic compounds which shall be sampled
once per calendar year;
8. SIU Self Monitoring and Reporting
The Permittee shall require all industrial users to comply with the applicable monitoring and reporting
requirements outlined in the Division approved pretreatment program, the industry's pretreatment permit,
or in 15A NCAC 2H .0908.
9. Enforcement Response Plan (ERP)
The Permittee shall enforce and obtain appropriate remedies for violations of all pretreatment standards
promulgated pursuant to section 307(b) and (c) of the Clean Water Act (40 CFR 405 et. seq.), prohibitive
discharge standards as set forth in 40 CFR 403.5 and 15A NCAC 2H .0909, and specific local limitations.
All enforcement actions shall be consistent with the Enforcement Response Plan (ERP) approved by the
Division.
10. Pretreatment Annual Reports XAM
The Permittee shall report to the Division in accordance with 15A NCAC 2H .0908. In lieu of submitting
annual reports, Modified Pretreatment Programs developed under 15A NCAC 2H .0904 (b) may be
required to meet with Division personnel periodically to discuss enforcement of pretreatment requirements
and other pretreatment implementation issues.
For all other active pretreatment programs, the Permittee shall submit two copies of a Pretreatment Annual
Report (PAR) describing its pretreatment activities over the previous twelve months to the Division at the
following address:
NC DENR / DWQ / Pretreatment Unit
1617 Mail Service Center
Raleigh, NC 27699-1617
These reports shall be submitted according to a schedule established by the Director and shall contain the
following.
a.) Narrative
A brief discussion of reasons for, status of, and actions taken for all Significant Industrial
Users (SIUs) in Significant Non -Compliance (SNC);
b.) Pretreatment Program Summary (PPS1
A pretreatment program summary (PPS) on specific forms approved by the Division;
c.) Significant Non -Compliance Report (SNCR)
The nature of the violations and the actions taken or proposed to correct the violations on
specific forms approved by. the Division;
d.) Industrial Data Summary Forms (IDSQ
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Monitoring data from samples collected by both the POTW and the Significant Industrial
User (SIU). These analytical results must be reported on Industrial Data Summary Forms
(IDSF) or other specific format approved by the Division;
e.) Other Information
Copies of the POTW's allocation table, new or modified enforcement compliance schedules,
public notice of SIUs in SNC, and any other information, upon request, which in the
opinion of the Director is needed to determine compliance with the pretreatment
implementation requirements of this permit;
11. Public Notice
The Permittee shall publish annually a list of Significant Industrial Users (SIUs) that were in Significant
Non -Compliance (SNC) as defined in the Permittee's Division approved Sewer Use Ordinance with
applicable pretreatment requirements and standards during the previous twelve month period. This list
shall be published within four months of the applicable twelve-month period.
12. Record Keeping
The Permittee shall retain for a minimum of three years records of monitoring activities and results, along
with support information including general records, water quality records, and records of industrial impact
on the POTW.
13. Funding and Financial Report
The Permittee shall maintain adequate funding and staffing levels to accomplish the objectives of its
approved pretreatment program.
14. Modification to Pretreatment Programs
Modifications to the approved pretreatment program including but not limited to local limits
modifications, POTW monitoring of their Significant Industrial Users (SIUs), and Monitoring Plan
modifications, shall be considered a permit modification and shall be governed by 15 NCAC 2H .0114 and
15A N CAC 2H .0907..
Version 612012003

�aF W A r�RQ Michael F. Easley, Governor
William G. Ross Jr., Secretary
co r North Carolina Department of Environment and Natural Resources
y
p 9 Alan W. Klimek, P.E. Director
Division of Water Quality
May 24, 2005
H.M. "Skip" Dunn
J.M.E. Builders & Developer, Inc.
4140 Maywood Rd.
Horse Shoe, North Carolina 28742
Subject: Receipt of permit renewal application
NPDES Permit NCOO69671
Mills River Village WW P
Henderson County
Dear Mr. Dunn:
The NPDES Unit received your permit renewal application on May 23, 2005. 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. The requirements in
your existing permit will remain in effect until the permit is renewed (or the Division takes other action).
If you have any additional questions concerning renewal of the subject permit, please contact me at [phone],
extension 363.
cc: CENTRAL FILES _
rAshev_ille Regional Office/Water Quality Section
NPDES Unit
Sincerely,
Carolyn Bryant
Point Source Br ch
I�C D
MAY 2 6 2005
WATER QUALITY SECTION
BHEVILLE REGIONAL OFFICE
No a hCarolma
Natura!!y
North Carolina Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Phone [phone] Customer Service
Intemet: h2o.enr.statem.us 512 N. Salisbury St. Raleigh, NC 27604 FAX [phone]

)
r
—I
Skip Dunn
J M S Builders
4140 Haywood Rd
Horse Shoe, NC 28742
SUBJECT
Dear Mr. Dunn:
North Carolina Departmer
July 19, 2005
Payment Acknowledgment
Michael F. Easley, Governor
William G. Ross Jr., Secretary
ivironment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
JUL 2 2 2005 �L
WATER QUALITY SECTION
ASHEVILLE REGIONAL OFFICE
Civil Penalty Assessment
Mills River Village WWTP
Permit Number: NCO069671
Case Number: LV-2002-0092, LV-2003-0347, LV-2003-0145
Henderson County
This letter is to acknowledge receipt of check number 1400 in the amount of $1,072.92 received
from you dated July 13, 2005. This payment satisfies in full the above civil assessment levied
against the subject facility, and these cases have been closed. Payment of these penalties in no
way precludes future action by this Division for additional violations of the applicable Statutes,
Regulations, or Permits.
If you have any questions, please call Bob Guerra at 919-733-5083 Ext.539.
-'
Sincerely,
Frances Candelaria
cc: Enforcement File #: LV-2002-0092, LV-2003-0347, LV-2003-0145
CDWQ-Asheville Regional7Offee-Supervisor
Central Files
1617 Mail Service Center
Raleigh, NC 27699-1617
[phone]
Customer Service
1 800 623-7748
Nne
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North Carolina Department of Environment and Natural Resources
Division of Water Quality
Michael F. Easley, Governor
May 20, 2005
CERTIFIED MAIL 7000 1530 0002 2099 2453
RETURN RECEIPT REQUESTED
Mr. Skip Dunn
J M S Builders
4140 Haywood Road
Horse Shoe, NC 28742
Dear Mr. Dunn:
William G. Ross, Jr., Secretary
Alan W. Klimek, P.E., Director
Subject: Demonstration of Future Wastewater Treatment Capacities
NPDES Permit NCO069671
Mills River Village WWTP
Henderson County
15A NCAC 2H .0223, "Demonstration of Future Wastewater Treatment Capacities," was
adopted by the Environmental Management Commission to ensure that wastewater treatment
systems owned or operated by municipalities, counties, sanitary districts or public utilities :do not
exceed their hydraulic treatment capacities. This Rule specifies that no permits for sewer line
extensions will be issued by the Division of Water Quality to facilities exceeding 80% of their
hydraulic treatment capacity unless specific evaluations of future wastewater treatment needs
have been completed.
A review of your self monitoring reports has indicated flow at the subject facility exceeded the
80% threshold for calendar year 2004. The average flow calculated for this period was 0.027
MGD, and represented 85.68% of the current treatment capacity. Therefore, we will be unable
to approve any further sewer line extensions for this facility until such time as you have
complied with the requirements contained in the Rule.
In order to attain compliance with the Rule, you must submit an approvable engineering
evaluation of future wastewater treatment needs. This evaluation must outline specific plans for
system expansion and include the sources of funding for the expansion. If future expansion is
not proposed, a detailed justification must be made based on past growth records and future
growth projections and, as appropriate, shall include conservation plans or other specific 4.
measures to achieve waste flow reductions.
D)ILI�V
1617 Mail Service Center, Raleigh, North Carolina 27699-1617 tUUD
One
512 N. Salisbury St., Raleigh, North Carolina 27604
�--ER NVorthGarolin`
Phone: [phone] / FAX [phone] / Internet:: h2o.enr.state.nc.us
An Equal Opportunity/Affirmative Action .Employer — 50% Recycled/10%Post Consumer Paper
I

80% Letter
Mills River Village WWTP
p. 2
To prevent delays in the processing of your future permit applications for sewer line extensions,
please submit a plan of action containing the information necessary to comply with the
appropriate demonstrations as described above to the following address:
DENR-DWQ
Point Source Branch
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
Per the terms of NCAC 2H. 0223 (3), the Director may, on a case by case basis, allow permits to
be issued to facilities exceeding the 80 percent loading rate if: 1) the additional flow will not
cause the facility to exceed its permitted hydraulic capacity, 2) the facility is in compliance with
all other permit limitations and requirements and 3) it is demonstrated that adequate progress is
being made in developing the required engineering evaluations or plans and specifications. If
you wish to ask for a waiver of the moratorium per this provision of the rule, please send
information in support of your request to the address listed above.
Actual plans and specifications for expansion should be submitted to the Division of Water
Quality's Construction Grants and Loans Section for review and approval.
We look forward to working with you on development of plans to meet your future wastewater
treatment needs. If you have any questions regarding this matter, please contact the Surface
Water Protection Section staff of our Asheville Regional Office at [phone], or Bob
Guerra of the Point Source Compliance/Enforcement Unit, at [phone], extension 539.
Sincerely,
1/4 Y✓
� David A. Goodrich
Chief, Point Source Branch
Attachment (15A NCAC 2H .0223)
cc: Ashevi-l'le-Regional-.O:ffice
PERCS Unit
PSB/Moratorium Files
Central Files

Michael F. Easley, Governor
William G. Ross Jr.; Secretary
sourcesF—e�j
North Carolina Department ment and N tural[.aalit;k--
r
AI ,p , . Kli k, PDirector.
Division IfW
Y
Asheville Regional Office
SURFACE WATER PROTECTION
May 17, 2005
Mr. Skip Dunn
J M S Builders & Developers, Inc.
4140 Haywood Rd
Horse Shoe NC 28742
SUBJECT: Compliance Evaluation Inspection
Mills River Village Sewage Treatment Plant
NPDES Permit No: NCO069671
Henderson County
Dear Mr.. Dunn:
Enclosed you will find the Compliance Evaluation Inspection Report 'resulting from
my May 12, 2005 inspection of the Mills River Village sewage treatment plant_ The two
plants had. a healthy activated sludge which settled nicely leaving a very clear effluent,
influent pumps and high water alarm are operable and the tube chlorinator and.
dechlorination. units contained tablets. The effluent flow .meter was not operable nor
would the standby power unit start. If the sewage generated. by Mills River Village and
River Oak is not diverted to the County's new Mills River Sewer in the near future go
ahead and replace the flow meter. Call me as soon as Frank is able to start the standby
generator. In the future I would suggest that the generator be exercised weekly until such
time as the plant is taken out of service.
Should you need to discuss my inspection in greater detail. please. do not hesitate
to call me at 828-296-4500 Ext.4659.
Sincerely,.
Roy M Davis
Environmental Engineer
Enclosure
cc: Trevor McMinn, ORC
Central Files
Asheville1Fjile�s
69671 CE1.05
Noe Carolina
Nturalljl
2090 U.S. Highway 7C, Swannanoa, NC 28778 Telephone: [phone] Fax: [phone] Customer Service 1 877 623-6748

40
w
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 t 2 u 31 NCO069671 111 121 05/05/12 117 18 U 19 U 20 U
Remarks
21111111111111111111111111 IIII IIII IIII 11111111 11116
Inspection Work Days Facility Self -Monitoring Evaluation Rating B1 CIA ---------- --------------- Reserved -----------------
67 I 169 70 U 71 U 72 LJ 73 W 74 751 1 1 1 1 1 1 1 80
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)
Mills River Village WWTP
09:00 kM 05/05/12
01/05/01
Exit Time/Date
Permit Expiration Date
US Hwv 191 N
Horse Shoe NC 28742
09:30 AM 05/05/12
05/11/30
Name(s) of Onsite Representative (s)/Titles(s)/Phone and Fax Number(s)
Other Facility Data
Trevor Clyde McMinn/ORC/828-696-8971/
Name, Address of Responsible Official/Title/Phone and Fax Number
Skip Dunn,4140 Haywood Rd Horse Shoe NC 28742//828-891-6640/ Contacted
No
Section C: Areas Evaluated During Inspection (Check only those areas evaluated)
Permit Flow Measurement Operations & Maintenance N 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
Roy M Davis APO WQ//828--296-4500 Ext.4659/
Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date
EPA Form 3560-3 (Rev 9-94) Previous editions are obsolete.

•
NPDES
3I NCO069671
yr/mo/day
11 12I 05/05/12
Inspection Type
17 18 1 C1
Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary)
A county owned sewer is under construction which when completed has the potential to allow this WWTP to be
taken out of service.
1

40
Permit
(If the present permit expires in 6 months or less). Has the permittee submitted a new application?
Yes
❑
No
❑
NA NE
0 ❑
Is the facility as described in the permit?
®
❑
❑ ❑
Are there any special conditions for the permit?
M
❑
❑ ❑
Is access to the plant site restricted to the general public?
0
❑
❑ ❑
Is the inspector granted access to all areas for inspection?
M
❑
❑ ❑
Comment:
Yes
No
NA NE
Operations & Maintenance
Is the plant generally clean with acceptable housekeeping?
E
❑
❑ ❑
Does the facility analyze process control parameters, for ex: MLSS, MCRT, Settleable Solids, pH, DO, Sludge Judge,
❑
❑
❑
and other that are applicable?
Comment:
Yes
No
NA NE
Standby Power
Is automatically activated standby power available?
N
❑
❑ ❑
Is the generator tested by interrupting primary power source?
❑
M
❑ ❑
Is the generator tested under load?
❑
❑ ❑
Was generator tested & operational during the inspection?
❑
0
❑ ❑
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?
❑
❑
❑ 0
Comment: Standby generator would not start during inspection.
Flow Measurement -Influent
Yes No NA _NE_
Is flow meter used for reporting? 0 ❑ ❑ ❑
Is flow meter calibrated annually? 0 ❑ ❑ ❑
Is the flow meter operational? ❑ M ❑ ❑
(If units are separated) Does the chart recorder match the flow meter? M ❑ ❑ ❑
Comment: Flow meter is not operable. If wwtp is not taken out of service within a short period of time as a result of
construction of county sewer, flow meter should be repaired.

J EVeD
ENVIRONMENTAL * MAINTENANCE * CONSTRUCTION
2020 Howard Gap Road
Hendersonville, N.C. 28792
Phone[phone]
Fax[phone]
2/17/05
Permit Renewal Request
Mr. Charles Weaver, Jr.
Please find enclosed a permit renewal package for Mills River Village ( NPDES permit # NCO069671)
and Owner, Mr. Skip Dunn. There have been no changes or modifications to this facility since the issuance
of the last permit. We respectfully request this permit to be renewed. We also hope that you find this
package in order. If we may be of further assistance please do not hesitate to call or correspond.
Sincerely,
"- C. rem .
Trevor C. McMinn

NPDES APPLIgSW FOR PERMIT RENEWAL4WT FORM D
To be filed only by private y-o7wned dischargers of 100% domestic wastewater (<1 MGD flow)
N. C. Department of Environment and Natural Resources
Division of Water Quality / NPDES Unit
1617 Mail Service Center, Raleigh, NC 27699-1617
http://h2o.enr.state.nc.us/NPDES/
North Carolina NPDES Permit Number I NC00 G! 6
Please print or type
1. Contact Information:
Facility Name �►j ��LL/,fGc w W TY,
Owner Name
Street Address
City
State / Zip Code
Telephone Number
Fax Number
e-mail Address
Operator Name
Street Address
City
State / Zip Code
County
Telephone Number
/moo /L�� /✓��' /��o� ,�
(g;z) g;5?1— z' le
Irev�r
�o2D eona1
(19cm V1?1
2. Location of facility producing discharge:
Check here if same as above LA
Facility Name (If different from above)
Street Address or State Road
City
State / Zip Code
County
3. Reason for application:
Expansion/Modification *
Existing Unpermitted Discharge
Renewal X New Facility
* Provide a description of the expansion/modification:
Page 1 of 3 Version 12102

NPDES APPL OON FOR PERMIT RENEW. DRT FORM D
To be filed only by privately -owned dischargers.of 100% dome5uc; Wa.tewater (<1 MGD flow)
4. Description of the existing treatment facilities (list all installed components with
capacities):
Ali �x�s �,�v 'Lx-iewJJ Ae✓<-L.- L�l�.tik (n,� P- -i-d�+wV.w+ sss�
4) kl (z av,� c ti eat D , U Z r ►a GQ,
5. Description of wastewater (check all that apply):
Type of Facility Generating Wastewater
Industrial
Commercial
Residential
School
Other
Number of Employees
Number of Employees
Number of Homes
Number of Students/Staff
Describe the source(s) of wastewater (example: subdivision, mobile home park, etc.):
6. List all permits, construction approvals and/or applications (check all that apply): _
Type
RCRA
UIC
NPDES
PSD
NESHAPS
Permit Number Type
Non -Attainment
NC0o(Dy67//
Ocean Dumping
Dredge/Fill Permits
Other
Permit Number
7. Number of separate wastewater discharge pipes (wastewater outfalls): f ONI
S. If the facility has multiple discharge outfalls, record the source(s) of wastewater for each
outfall:
9. Name of receiving stream(s) (Provide a map showing the exact location of each outfall):
W,I�s V %yev'
Page 2 of 3 Version 12102

NPDES APPLIC . �N FOR PERNUT RENEWAU�i ,1_)RT FORM D
To be filed only by privately -owned dischargers of 100% domestic wastewater (<1 MGD flow)
10. Is this facility located on Native American lands? (check one)
YES - - NON_
I certify that I am familiar with the information contained in the application and that to
the best of my knowledge and belief such information is true, complete, and accurate.
Name of person Signing
Title
// al'///
Signature of Ap
t V
Date Signed
North Carolina General Statute 143-215.6(b)(2) provides that: 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 ofthe 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 $10,000, 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 $10,000 or imprisonment not more than 5 years, or both for a
similar offense.)
Page 3 of 3. Version 12102

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CITIZEN -TIMES Thursday, Dec. 30, 1999
MILLS Itt'UER
Henderson County looks
at extending sewer- line
By Julie Ball
STAFF WRITER
Henderson County leaders are
considering constructing a sewer
line that would extend service into
Portions of the Mills River communi-
ty eventually leading to more growth
in the already fast-growing section of
Henderson County.
The county proposal calls for an
interceptor line to be constructed
from the Broadpointe Industrial
Park to Mills River Pillage allowing
for collection lines to Mills River
Elementary and businesses near
N.C. 280 and N.C.191.
That would be good news for the
owners of the Mills River Restaurant
where limited wastewater capacity
has forced the owners to reduce their
hours of operation.
"We have to close for breakfast
because of the problems we have.
The capacity of our treatment plant
is not big enough," said Jimmy
Katsadouros, co-owner of the restau-
rant.
The impetus for the proposed
sewer line expansion is the need for
sewer service at Mills River
Elementary School where the school
system has experienced problems
with its septic system. The school
system is proposing installation of a
lift station and force lines.
During a Wednesday workshop
with commissioners, Gary Tweed,
county engineer, said rather than
having the school system build a
force line from the elementary
school to the existing gravity line at
Marlow Elementary, "It makes more
sense to do it (extend sewer service
"It makes more sense to-
do it (extend.sewe�-
service to the school) as
part of a larger project. "
GARY TWEED
HENDERSON COUNTY ENGINEER
to the school) as part of a larger pro-
ject."
Tweed's proposal is to extend an
interceptor line from the
Broadpointe Industrial Park. The
school system could build a collection
line to hook into the main line.
Businesses at the intersection of
N.C. 280 and N.C. 191 could also
hook into the system via collection
—ine overall —cost, including the
school system's section and the cost
that could be privately funded, is
estimated at $2.3 million, according
to Tweed. The bulk of that cost, an
estimated $1.7 million, would be the
cost of the interceptor line.
Sewer access would likely lead to
even greater commercial and resi-
dential development in the area.
"I think it (the area) would really
take off," said Danny Eubanks, who
owns Mills River Hardware.
Katsadouros agrees sewer ser-
vice will likely mean more businesses
moving into the area.
"It (the proposal) really has to be
coordinated with some type of land
use -plan in that area," =- said
Commission Chairman zGrady
Hawkins.
Another, question is whether the
county -run Cane Creek Water and
Sewer District should pay for the
lines, if a separate service district
should be created or if the county
should pay some of the costs. The
Cane Creek district serves about 950
residential, 100 commercial and 10
industrial customers in northern
Henderson County, primarily in the
Pletcher area.
"The people of Mills River need
sewer, but is it fair for someone in
Bat Cave or Green River to pay for
this (through their tax dollars), and
they'll never get it (sewer service)?"
Commissioner Don Ward asked.
3 However, Commissioner Marilyn
Gordon said board members need to
look at the overall benefit of develop-
ment such as additional jobs for the
county. "This isn't an expense. It's an
investment," Gordon said.
County Manager David
Nicholson said additional customers
would benefit the Cane Creek
District. "The issue is customers.
The amount of flow through the lines
keeps costs down for the whole dis-
trict," Nicholson said. "This is one
way to lower those rates."
Tweed said if the proposal is
approved, it will be at least two years
before the lines are completed. The
next step is for commissioners to
consider a proposal for design work.
Call Julie Ball at 232-5851 or e-mail her
at [e-mail]

MILLS RIVER VILLAGE HOMEOWNERS ASSOCIATION
INCOME & EXPENDITURES FOR 1999
Balance Forward from 1998 $4,970.03
Income 1999
Homeowners' Assessment Fees 12,350.25 17,320.28
Brown -Byrd Sewer Fees 55624.03 22,044.31
Road Improvement Fees (restricted) 2,000.00 24,944.31
Check #284 Returned 50.00 24,994.31
Disbursements
Sewer Maintenance, Chemicals,etc.(13 months)
9,42787
15,566.44
Sewer Electricity
2,308.57
13,257.87
Sewer — transducer & heater assembly
152.50
13,105.37
Sewer DENR permit fee
715.00
12,390.39
Electricity -pond & lights
610.71
11,779.66
Landscape Maintenance
560.00
11,219.66
Insurance
158.00
11,061.66
Pond Punp
412.70
10,648.96
Legal
45.00
10,603.96
Postage/Copying Charges
51.67
10,552.29
Meeting space rental
50.00
10,502.29
Road Maintenance/Repair
16.90
10,485.39
Tree Removal
475.00
10,010.39
Christmas Party
25.60
9,984.79
Light Bulbs
21.16
9,963.51
Bank Service Charges
5.12
9,958.51
Less Voided Check #339
950.00
$ 9,008.51
BALANCE AS OF DECEMBER 1999 * $9,008.51

January 10, 2000
Herb Stark, President
Mills River Home Owners Association
35 Partridge Berry Loop
Horse Shoe, N.C. 28742
Dear Herb:
Per your telephone request, I have personally reviewed the financial records of our
Treasurer, Jeanie Martin.
My review covered the period from January 1,1999 through December 31. 1999.
Based on this review of the records I found them to be in good order and backed up with
detail accounts of all income and expenses.
In conclusion of the review I do not see any indication of improper use of funds.
Enclosed is copy of my report.
Respectfully,
r'
`ram ' / �4-..�'�
Henry kktersen
201 Turkey Pine Court
Horse Shoe, N.0 28742
828-891-2403
E-Mail turkeypine _juno.com
Cc: Jeanie Martin, Treasurer

A Janice Adkins ..........................................
B Walter & Mary Bradley ........................... 891-8489
Ken & Gwen Bradshaw ........................... 891-1044
Mike & Joanne Blanton .......................... 890-4485
Rick & Pat Beaty ..................................... 891-8673
C Robin and Lois Carne ............................. 891-1875
Joe & Lisa Carney ................................... 285-9888
Gary & Diana Curran .............................. 890-1614
5 Sandrock Trail, Pisgah Forest, 28761 lot #15 Ph.2a
34 Partridge Berry Loop
lot #33
33 Partridge Berry Loop
lot #7
13 Blue Heron
lot #17
37 Partridge Berry Loop
lot #9
21 Partridge Berry Loop lot #1
90 N. Liberty St., Asheville, 28805 (builder, lot#25)
15 Blue Heron lot #10
D John Devlin ............................................. 891-7948 36 Partridge Berry Loop lot 416
Skip & Linda Dunn ................................. 891-6640 4140 Haywood Rd. PO Box 5062, Mills River
JMS Builders / River Valley Realty FAX [phone] beeper 444-0741 home 890-5273 (home; 201 Crestview, H'ville)
Bruce & Janet Davis ................................ 681-8270 155 Amble Ln., Fletcher, 28732 lot 416, Phase 2a
E Sarah Edmondson ................................... 891-7831 11 Blue Heron / Po sox 6104, Hbille, 28793 lot #15
Doug & Susan Eller ................................ 891-5309 64 Kingfisher lot #17 Phase 2
F Paul Frehe & Jeanie Martin ..................... 890-1229 14 Blue Heron
lot #12
CT
Jay & Shirley Gray ..................................
891-8464
4 Blue Heron
lot #26, + 1/2 lot #27
Charles & Kathryn Gillette .....................
890-5800
22 Partridge Berry Loop
lot #29
H
Gladys Henrickson..................................
891-1973
7 Blue Heron
lot #20
Mathew & Carla Hyde ............................
891-8004
16 Blue Heron
lot #11
Trisha Harper & Dave Wright .................
890-0590
203 Turkey Pine Ct.
lot #18
Erik Hagen (builder) ...............................
626-3123
114 Buckner Branch Rd., Barnardsville, 28709
J
Kay Jenkins :...........................................
891-4450
28 Partridge Berry Loop
lot #32
K
Bill & Karen Kater..................................
891-7796
8 Blue Heron
lot #23
Gordon Klocko........................................
569-2320
PO Box 5117, Horse Shoe
lots #20 & #21, ph. 2a
Jack & Katie Lorenz ...............................
891-9780
4133 Haywood Rd.
lot #28, + 1/2 lot 27
James & De De Lindsey ..........................
891-9517
25 Partridge Berry Loop
lot #3
M
Paul & Carol Moreno ..............................
891-5910
31 Partridge Berry Loop
lot #6
Sam & Teena McLamb ............................
890-2015
9 Blue Heron
lot #14
William & Sandy McPherson ..................
684-8226
5 Sarah Marie St., Fletcher 28732
lot #5, Phase 2a
N
Carrol Nelson ..........................................
684-0898
58 Lance Rd., Arden, 28707
(builder lot #31)
P
Henry & Olga Petersen ............................
891-2403
201 Turkey Pine Ct.
lot #19
R.
Grant (Harold) Redmon ..........................
890-3436
23 Wineberry Ct., Fletcher, 28732
lot #2, phase 2a
Nelson & Becky Ray ...............................
890-8212
29 Partridge Berry Loop
lot #5
S
Herb & Marilyn Stark .............................
891-1370
35 Partridge Berry Loop
lot #8
Bill & Millie Steward ..............................
891-3780
102 Brandy Branch Ct.
lot #24
T
Thanasi & Vasula (Vickie) Tsakalos ........
891-9342
12 Blue Heron
lot #13
W
Marie Wenz............................................
891-0076
24 Partridge Berry Loop
lot #30
Jerry & Nancy Widryzynski ....................
890-9010
23 Partridge Berry Loop
lot #2
Kenneth & Carol Williams ......................
891-2462
10 Blue Heron
lot #22
Randy & Kim Warrick ............................
890-0501
27 Partridge Berry Loop
lot #4
'.
Newton & Elizabeth Zanes ......................
697-8712
530 Sunnydale W., H'ville, 28792
lot #6, phase 2a
MRVHOA

� Community Park
Brandy Branch Creek
Brandy Brae
Circle
Lorenz
lot 28
ENTRANCE
1
Mills .River Village
Subdivision
lot 4
Ray Moreno
lot 5 lot 6
SUBDVMAP.PM5

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PROPERTY OWNERS EXIST
LIFT
1Q HENDERSON COUNTY
Q TILTIN B LLC (FORMERLY ELBERT BROWN)
Q ARNOLD MILES EXISTING ;
® IRVING GIBBS SEWER LIN
Q JOHN HASLAM (FORMERLY MARY FORD)
(E) TAP ROOT DAIRY, LLC
Q DUKE POWER COMPANY PROPOSED SE
® ROQCO LLC (FORMERLY TAP ROOT DAIRY, LLC)
Q PATTON SEED (FORMERLY TAP ROOT DAIRY, LLC)
® B.F. NESBITT
0 MOUNTAIN BEAN (FORMERLY ROBERT WARREN, FORMERLY TAP ROOT DIARY, LLC)
1® JMS BUILDERS I
1
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)N COUNTY
R SANITARY
ROJECTS
LEGEND
- PROPOSED SEWER
-------- PROPERTY LINES
,aS ro szuE
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MILLS RNER
MILLS RIVER
VI W AGE
V i V ilV 11 i Tyitir
NOT TO SCALE
NOTE: 1.) PROPERTY INFORMATION SHOWN
ON THESE PLANS ARE BASED ON
HENDERSON COUNTY TAX MAPS
f,4
2.) 4' DIA. MANHOLES SHALL BE
USED ULESS OTHERWISE NOTED
3.) ALL MANHOLES SHALL HAVE A
WATER TIGHT RIM AND LID UNLESS
\
OTHERWISE NOTED.
MILLS RIVER
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2020 Howard Gap Road
Hendersonville, N.C. 28792
Phone[phone]
Fax[phone]
June 25, 2003
Signatory Authority / Authorized Representative
For the purpose of signing monthly D.M.R.s (Signatory authority on file per 15ANCAC
8A.0202(b)(5)(B) with DEM Central files) for Mills River Village: NPDES#NC0069671, evidenced by the
signatures below.
Authorized signature: Autho ' g Permitee
Trevor C. McMinn Skip Dunn
Operator in Responsible Charge Date:5/17/05

State of North Carolin
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
A. Preston Howard, Jr., P.E., Director
Mr. H. M. Dunn
J.M.S. Builders & Developers, Inc.
4140 Haywood Road
Horseshoe, North Carolina 28742
Dear Mr. Dunn:
�••
NCDENR
July 13, 1998
I nm
Subject: Permit No. NCO069671
ATC No. ACB069671
Authorization to Construct
Mill River Phase II WWTF
Henderson County
A letter of request for an Authorization to Construct (ATC) was received January 23, 1998 by the
Division and final plans and specifications for this project have been reviewed and found to be
satisfactory. Authorization is hereby granted for the construction of additional facilities at the existing
0.015 MGD Mills River Village wastewater treatment facility with outfall 001 discharging into Mills
River in the French Broad River Basin. Specifically, this ATC allows the installation of:
• a 17,000 gpd package plant with diffused aeration,
• two (2) 62 CFM blowers to be mounted on a concrete pad,
• a flow splitter box and an inlet bar screen,
• a froth suppression system and scum removal system,
• a 3,395 gal. clarifier with WAS/RAS air lift,
• a 445 gal. chlorine contact chamber with baffles,
• a flow measuring chamber with 45' V-notch weir,
• a dechlorination unit,
• a 4,400 gal aerated sludge holding tank,
• on -site potable water with backflow prevention,
• automatically activated standby power,
• service grating to cover all tank openings,
• additional piping, valves, control equipment and appurtenances.
Once construction under this ATC has been, completed and an Engineer's Certificate has been
submitted, the permittee is authorized to operate at 0.032 MGD and must meet all of the permit
requirements as specified under the 0.04 MGD-flow.—At_no time shall flow exceed the permit limits or
the design capacity of the system, which is `, .0
,32. MGD under this ATC.
If this facility experiences periodic upsets, noncompliance, or difficulty in treating wastewater
due to significant influent flow variations the installation of an equalization tank will be required.
69671 ATC Itr
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone]/FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper
r

Permit No. NC0069671 40
ATC No., ACB069671
Mills River Phase II
This Authorization to Construct is issued in accordance with Part III, Paragraph A of NPDES
Permit No. NC0069671 issued July 15, 1997, and shall be subject to revocation unless the wastewater
treatment facilities are constructed in accordance with the conditions and limitations specified in the
permit.
The sludge generated from these treatment facilities must be disposed of in accordance with G.S.
143-215.1 and in a manner approved by the North Carolina Division of Water Quality.
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 Fayetteville Regional Office, telephone number [phone], shall be notified at least
forty-eight (48) hours in advance of operation of the installed facilities so that an in -place 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 classification of the facility by the Certification Commission, the Permittee shall employ a
certified wastewater treatment plant operator to be in responsible charge (ORC) of the wastewater
treatment facilities. The operator must hold a certificate of the type and grade at least equivalent to or
greater than the classification assigned to the wastewater treatment facilities by the Certification
Commission: The Permittee must also employ a certified back-up operator of the appropriate type and
grade to comply with the conditions of Title 15A, Chapter 8A, .0202. The ORC of the facility must visit
each Class I facility at least weekly and each Class II, III, and IV facility at least daily, excluding
weekends and holidays, and must properly manage and document daily operation and maintenance of
the facility and must comply with all other conditions of Title 15A, Chapter 8A, .0202. Once the facility
is classified, the Permittee must submit a letter to the Certification Commission which designates the
operator in responsible charge within thirty days after the wastewater treatment facilities are 50%
complete.
A copy of the approved plans and specifications shall be maintained on file by the Permittee for
the life of the facility.
The Operational Agreement between the Permittee and the Environmental Management
Commission is incorporated herein by reference and is a condition of this Permit. Noncompliance with
the terms of the Operational Agreement shall subject the Permittee to all sanctions provided by G. S.
143-215.6 for violation of or failure to act in accordance with the terms and conditions of this Permit.
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.
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 the NPDES Unit, P.O. Box 29535, Raleigh, NC 27626-0535.

Permit No. NC0069671 40
ATC No. ACB069671
Mills River Phase II
L]
One (1) set of approved plans and specifications is being forwarded to you. If you have any
questions or need additional information, please contact Mr. Steven Pellei, telephone number (919) 733-
5083, extension 516.
Sincerely,
. Preston Howard, Jr., P.E.
cc: Central Files
NPDES Unit, Permit File
%G����� egional Office, --Qua it-y—
echnical Assistance and Certification Unit

Permit No. NCO069671 Go
ATC No. ACB069671
Mills River Phase II
Engineer's Certification
40
I, , 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 project, ,
Project Name Location
for the
Permittee hereby state that, to the best of my abilities, due care and diligence was used in the observation
of the following installations:
• a 17,000 gpd package plant with diffused aeration,
• two (2) 62 CFM blowers to be mounted on a concrete pad,
• a flow splitter box and an inlet bar screen,
• a froth suppression system and scum removal system,
a 3,395 gal. clarifier with WAS/RAS air lift,
a 445 gal. chlorine contact chamber with baffles,
• a flow measuring chamber with 451 V-notch weir,
• a dechlorination unit,
• a 4,400 gal aerated sludge holding tank,
• on -site potable water with backflow prevention,
• automatically activated standby power,
• service grating to cover all tank openings,
• additional piping, valves, control equipment and appurtenances,
for the above referenced project such that the construction was observed to be built within substantial
compliance and intent of the approved plans and specifications.
Signature
Date
In addition, please check one of the following:
Registration No.
❑ There are still some major components that require completion. Another Engineer's
Certificate will be submitted once all substantial construction has been completed.
❑ All substantial construction has been completed. The permittee understands that they are
required to meet any new permit limits at the expanded flow. Please notify compliance.
Mail this Certification to the NPDES Unit
P.O. Box 29535
Raleigh, NC 27626-0535.

SOC PRIORITY PROJECT: NO
IF YES, SOC NUMBER
To: Permits and Engineering Unit
Water Quality Section
Attention: Steve Pellei
AUTHORIZATION TO CONSTRUCT
NPDES PERMIT
REPORT AND RECOMMENDATIONS
Date: February 10, 1998
COUNTY Henderson
PERMIT NUMBER NCO069671
PART I - GENERAL INFORMATION
1. Facility Name and Address: Mills River Village Phase II
JMS Builders & Developers, Inc.
4140 Haywood Road
Horse Shoe, NC 28742
2. Changes since previous action on NPDES Permit: none
3. Compare Discharge Point(s) on plans with NPDES Permit application.
List of all discharge points: Mills River
X No Change.
—i Change New Latitude: Longitude:
PART II - EVALUATION AND RECOMMENDATIONS
Facilities on current drawings:
Flow splitter box
17,000 gal. aeration basin (approximate)
60 sq. ft. clarifier
1400 gal. sludge holding basin
Tablet chlorinator and 445 gal. detention tank
Effluent weir and chart recorder
Tablet dechlorinator and 900 gal. detention tank
Standby generator
GENERAL:
1. More water usage data is needed before the values specified in T15A:
02H .0219 (1) can be adjusted. The data required by .0219 (1)(3)
should be provided prior to reducing the allowable flows. Since
daily and monthly wastewater flow rates are reported under the NPDES
Permit, and these appear to be higher than the average water
consumption, these flows will have to be considered in determining
f vt/

A to C Staff Report
Mills River Village Phase II
February 10, 1998
Page 2
the plant capacity necessary to serve the development.
Inflow and infiltration appear to be a major factor in peak daily
flows. Monitoring reports from June and July of 1997 each indicate
three consecutive days at flows of around 30,000 gpd. While it is
preferable to correct I/I rather than provide treatment capability
for it, these peak flows will need to be addressed in some manner.
One approach would be to specify some amount of peal-, flow that is
considered to be correctable, and provide flow equalization capacity
to handle the remainder.
In addition, there appear to be discrepancies between flow
calculations and the data presented on the drawings.
The applicant should be reminded that the permitted flow will be
limited to the total capacity of the treatment plants or 40,000 gpd,
whichever is less.
In previous years, the sewer lines for the ultimate development were
apparently approved based on the NPDES Permitted flow, even though
the treatment capacity was not yet permitted. From our records, the
following lots are to be served by the WWTP:
Mills River Subdivision: WQ permits do not indicate a flow, but
88 lots are shown on plans approved June 7, 1988 for a 30,000
gpd WWTP. The HOA believes there are actually 91 lots. The
plan sheets for the currently proposed expansion indicates 103
lots total in Phases I and II.
River Oaks Subdivision: This was permitted to discharge
initially, but the outfall line ran past Mills River Village
and was later connecEed to Miiis River Village collection
system without ormal approval. It has 67 lots plus a
clubhouse. The HOA says that it currently has 60 two -bedroom
homes.
The home owners association is understandably concerned that the
capacity of the WWTP will be reached prior to build out. Their
concerns are that individuals will be caught with lots they cannot
build on and that the HOA will be saddled with operation of a WWTP
that is overloaded.
It is recommended that the developer be required to furnish
wastewater treatment facilities for the ultimate development while
he still has a stake in the development. As -built drawings of the
currently existing development in Mills River Village and River
Oaks, plus the proposed extensions should be submitted to verify the
number of lots and the sewer facilities permitted to serve them.
Otherwise, there will not be a good mechanism to prevent overloading
the WWTP or to prevent individuals from being left with lots they
can not build on.

A to C Staff Report
Mills River Village Phase II
February 10, 1998
Page 3
2. The fecal coliform and chlorine limits on the drawings do not
reflect the current permit effluent limitations.
3. It should be verified that the existing influent lift station has
sufficient capacity for the proposed flows.
4. The elevations of critical points or a profile through the system is
needed, including basin water level elevations, the ground elevation
adjacent to the plant, and the 100 year flood elevation.
S. The site map should show a minimum 50 foot buffer to the stream. A
field investigation indicated that there was insufficient space to
locate the addition as shown on the drawings.
6. Access to the plant should be shown, including steps if necessary,
grating and hand rails. Mounting the blowers and control panel on
the ground would lessen the amount of grating necessary for access.
7. Flow equalization capacity is required of all new facilities to
handle peak flows which may adversely affect the operation of the
system.
8. The emergency generator must have automatic start-up equipment for
operation during power failures.
9. Water supply with the appropriate backflow prevention is necessary.
The existing water hydrant does not have a water supply connected
upon last inspection.
10. Some means of isolation of either plant is needed.
11. A bar screen is needed on the flow equalization tank. Details of
the bar screen is needed, showing bar size and spacing.
12. The blower capacity in the specifications is not sufficient to
supply 25 cfm/1000 cu. ft. of aeration volume plus capacity for the
air lifts and sludge holding basin. The drawings show blower unit
no. 2 as optional. Dual blowers are required unless backup blower
capacity is provided elsewhere. The blowers should have isolation
valves.
13.- The dimension "A" on the drawings could not be read. There are
discrepancies on the dimensions and sizes of basins between the site
plan and section view sheets. The section views do not show the
proposed chlorine contact chambers. Detailed views of the baffling
in the chlorine contact chambers are needed. The site plan
indicates that the effluent from a proposed chlorine contact tank
will be connected to the chlorine contact tank on the end of the
proposed plant expansion. An explanation and details of this
arrangement is needed.

•
A to C Staff Report
Mills River Village Phase II
February 10, 1998
Page 4
14. The sludge return pipe should be at least 3 inches in diameter, and
preferably witha straight run. The concern is the occurence of
blockages and the ability to clean out the return.
15. The clarifier skimmer should be centered along the length of the
weir. A detail of the weir baffle is needed.
16. More details and dimensions of the flow measurement weir box is
needed to show weir capacity and assure standard dimensions for
accurate flow measurement, It is recommended that a weir no greater
than 45 degrees be used.
These review items are being forwarded to Mr. Lapsley and the
applicant.
It is recommended that these points be resolved prior to issuing the
Authorization to Construct permit.
A copy of the most recent
NPDES Staff Report is
attached.
; R Lu_
Prepared By/Date
v Lr
W ter Quality Regional Supervisor

SOC PRIORITY PROJECT: No
IF YES, SOC NUMBER
TO: PERMITS AND ENGINEERING UNIT
WATER QUALITY SECTION
ATTENTION: Mack Wiggins
DATE: March 14, 1995
NPDES STAFF REPORT AND RECOMMENDATION
COUNTY Henderson
PERMIT NUMBER NC0069671
PART I - GENERAL INFORMATION
1. Facility and Address: Mills River Land and Lakes, Inc.
4133 Haywood Road.
Horse Shoe, NC 28742
2. Date of Investigation: August 11, 1995
3. Report Prepared By: Paul White
4. Persons Contacted and Telephone Number: Larc Lindsey
5. Directions to. Site: From the intersection of Hwy 280 and Hwy
191 (Haywood Road) in Mills River community, go south on Hwy
191 for 0.5 mile to the entrance to Mills River Village
development on the left.. The WWTP is at the back of the
development near the confluence of Brandy Branch and the
Mills River.
6. Discharge Point(s), List for all discharge points:
Latitude: 350 23' 15" Longitude: 820 33' 26"
Attach a USGS map extract and indicate treatment facility site and
discharge point on map.
U.S.G.S. Quad No. F8NE U.S.G.S. Quad Name Skyland
7. Site size and expansion area consistent with application?
X Yes No If No, explain:
Page 1

40
8. Topography (relationship to flood plain included): WWTP is in the
flood plain of the Mills River and the French Broad River. It is
not known if it is elevated above the 100 yr. flood, plain.
9. Location of nearest dwelling: >500 feet
10. Receiving stream or affected surface waters: Mills River
a. Classification: WS-IV
b. River Basin and Subbasin No.: French Broad 04-03-03
C. Describe receiving stream features and pertinent downstream
uses: Receiving stream has a high water quality and was
recently evaluated for reclassification to ORW. (The draft
report did not recommend this segment for reclassification to
ORW. Upstream portions -of the North and South Fork Mills
River were recommended for reclassification to ORW.) The
stream is approximately 60 feet wide and has a rocky or
cobble bottom.
PART II -
1. a.
b.
c.
Benthic studies in 1994 on this section of the Mills
River indicated adverse impacts. This portion of the Mills
River is in a wide flood plain heavily used for dairies,
grain, and vegetable farming. Mixing stations for pesticides
are situated on the river bank. A direct link between
impacts to the benthos and pesticide usage has not been
established.
This portion of the Mills River is near the upstream
edge of the existing WS-IV Protected Area for the proposed
Asheville water supply. It is currently being evaluated for
reclassification to WS-II as a result of a request by the
Asheville Buncombe Water Authority.
Other uses include aquatic and wildlife propagation,
fishing, and canoeing.
DESCRIPTION OF DISCHARGE AND TREATMENT WORKS
Volume of wastewater to be permitted 0.040 MGD (Ultimate
Design Capacity)
What is the current permitted capacity of the Wastewater
Treatment facility? 0.040 mgd
Actual treatment capacity of the current facility (current
design capacity 15,000 gpd
Page 2

0
3.
M
d. Date(s) and construction activities allowed by previous
Authorizations to Construct issued in the previous two years:
none
e. Please provide a description of existing or substantially
constructed wastewater treatment facilities: existing
facilities consist of an influent pump station, a bar screen,
a 17,000 gal. aeration basin with dual blowers, an 85 sq. ft.
clarifier with sludge and skimmer returns and an 8.5 ft.
effluent -weir, a 1400 gal. sludge holding tank, a tablet
chlorinator, a chlorine contact basin, and continuous
recording flow measurement equipment.
f.- Please provide a description of proposed wastewater treatment
facilities: n/a
g. Possible toxic impacts to surface waters: chlorine, ammonia,
cleaning chemicals.
h. Pretreatment Program (POTWs only): n/a
in development approved
should be required not needed
Residuals handling and utilization/disposal scheme: not specified
a. If residuals are being land applied, please specify DEM
Permit Number
Residuals Contractor
Telephone Number
b. Residuals stabilization: PSRP PFRP OTHER
C. Landfill:
d. Other disposal/utilization scheme (Specify):
Treatment plant classification (attach completed rating sheet): II
SIC Codes (s) : 4952
Primary 05
Secondary
Main Treatment Unit Code: 0407
PART III - OTHER PERTINENT INFORMATION
1. Is this facility being constructed with Construction Grant Funds
or are any public monies involved. (municipals only)? no
Page 3

n�
4F
2. Special monitoring or limitations (including toxicity) requests: no
3. Important,SOC, JOC, or Compliance Schedule dates: (Please indicate)
n/a
Date
Submission of Plans and Specifications
Begin Construction
Complete Construction
4. Alternative Analysis Evaluation: Has the facility evaluated all of
the non -discharge options available. Please provide regional
perspective for each option evaluated.
Spray Irrigation: could be feasible
Connection to Regional Sewer System: none available
Subsurface: probably not feasible
Other disposal options:
5. Other Special Items: n/a
PART IV - EVALUATION AND RECOMMENDATIONS
It is recommended that the permit be renewed with two effluent
limitations pages, one for 15,000 gpd and one for 40,000 gpd.
Although the maximum monthly flow to date has been 19,000 gpd, Mr.
Lindsey has expressed his intent to utilize this permitted flow.
The 15,000 gpd effluent limits page should retain the existing
requirement for continuous recording flow measurement. Since the
plant has an influent lift station, instaneous flows are of
limited value. -
&t /?'_ Q)k_�M
SignatUxr- of Rep9i-t P
_.
t al Regional Supe
Page 4

_ AD Is
State of North Caromia
Department of Environment
and Natural Resources
Asheville Regional Office
Division of Water Quality
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary WATER QUALITY SECTION
February 10, 1998
Mr. William G. Lapsley
William G. Lapsley & Associates, P.A.
PO Box 546
Hendersonville, NC 28793
Dear Mr. Lapsley:
OWWAA
4 •
NCDENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
Subject: JMS Builders & Developers, Inc.
Mills River Village - Phase II
Wastewater Treatment Facility
Henderson County
The Asheville Regional Office has received and reviewed a copy of
the plans and other information for the above referenced project. As a
result of this review, I would like to make the following points for
additional clarification on several items. Please coordinate revisions
with Steve Pellei, the review engineer in Raleigh.
1. More water usage data is needed before the values specified in T15A:
02H .0219 (1) can be adjusted. Please refer to this section for the
data needed. Since daily and monthly wastewater flow rates are
reported under the NPDES Permit, and these appear to be higher than
the average water consumption, these flows will have to be
considered in determining the plant capacity necessary to serve the
development. It is recommended that sufficient capacity to serve
the entire ultimate development be installed with this project.
Inflow and infiltration appear to .be a major factor in peak daily
flows. Monitoring reports from June and July of 1997 each indicate
three consecutive days at*flows of around 30,000 gpd. While it is
preferable to correct I/I rather than provide treatment capability
for it, these peak flows will need to be addressed in some manner.
One approach would be to specify some amount of peak -flow that is
considered to be correctable, and provide flow equalization capacity
to handle the remainder.
In addition, there appear to be discrepancies between flow
calculations and the data presented on the drawings.
The applicant should be reminded that the permitted flow will be
limited to the total capacity of the treatment plants or 40,000 gpd,
whichever is less.
2. The fecal coliform and chlorine limits on the drawings do not
59 Woodfin Place, Asheville, North Carolina 28801
Telephone [phone] Fax [phone]
An Equal Opportunity Affirmative. Action Employer

0
4%
William G. Lapsley
February 10, 1998
Page Two
reflect the current permit effluent limitations.
3. It should be verified that the existing influent lift station has
sufficient capacity for the proposed flows.
4. The elevations -of critical points or a -'profile through the system is
needed, including basin water level elevations, the ground elevation
adjacent to the plant, and the 100 year flood elevation.
5. The site map should show a minimum 50 foot buffer to the stream. A
field investigation indicated that there was insufficient space to
locate the addition as shown on the drawings.
6. Access to the plant should be shown, including steps if necessary,
grating and hand rails. Mounting the blowers and control panel on
the ground would lessen the amount of grating necessary for access.
7. Flow equalization capacity is required of all new facilities to
handle peak flows which may adversely affect the operation of the
system.
8. The emergency generator must have automatic start-up equipment for
operation during power failures.
9. Water supply with the appropriate backfiow prevention is necessary..
The existing water hydrant does not have a water supply connected
upon last inspection.
10. Some means of isolation of either plant is needed.
11. A bar screen is needed on the flow equalization tank. Details of
the bar screen is needed, showing bar size and spacing.
12. The blower capacity in the specifications is not. sufficient to
supply 25 cfm/1000 cu. ft. of aeration volume plus capacity for the
air lifts and sludge holding basin. The drawings show blower unit
no. 2 as optional. Dual blowers are required unless backup blower
capacity is provided elsewhere. The blowers should have isolation
valves.
13. The dimension "A" on the drawings could not be read. There are
discrepancies on the dimensions and sizes of basins between the site
plan and section view sheets. The section views do not show the
proposed chlorine contact chambers. Detailed views of the baffling
in the chlorine contact chambers are needed. The site plan
indicates that the effluent from a proposed chlorine contact tank
will be connected to the chlorine contact tank on the end of the
proposed plant expansion. An explanation and details of this
arrangement is needed.

William G. Lapsley
February 10, 1998
Page Three
14. The sludge return pipe should be at least 3 inches, and preferably
with a straight run. The concern is.the occurance of blockages and
the ability to clean out the return.
15. The clarifier -'skimmer should be centered along the length of the
weir. A detail of the weir baffle is needed.
16. More details and dimensions of the flow measurement weir box is
needed to show weir capacity and assure standard dimensions for
accurate flow measurement. It is recommended that a weir no greater
than 45 degrees be used.
A copy of these review items is being forwarded to Steve Pellei, the
review engineer in Raleigh, as comments from the Asheville Regional
Office. Please contact him for clarification of these and any other
necessary items which may result from his or subsequent reviews.
Sincerely,
4d weul�-�
Paul R. White, P. E.
Environmental Engineer
copy: Steve Pellei
H. M. Dunn

o%
State of North Caroli
Department of Environment,
Health and Natural Resources
Division of Environmental Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
Asheville Regional Office
WATER QUALITY SECTION
Mr. William G. Lapsley;
William G. Lapsley & Associates, P.A.
PO Box 546
Hendersonville, NC 28793
Dear Mr. Lapsley:
April 2, 1996
4�b
[D1=HNF;Z
Subject: Mills River Land and Lakes, Inc.
Mills River Village - Phase II
Wastewater Treatment Facility
Henderson County
We have received the plans for the above referenced project and find that
additional information is needed. Following a cursory review, I would like to request
additional details or.clarification on a number of items. These items will be
necessary in order for us to continue our review.
Sealed drawings are needed for all components of the treatment facility, at a
scale to allow evaluation of the adequacy of the design. The cover page for the
specifications must be sealed. Specifications are needed on all equipment, including
piping and valves. Specifications from the equipment manufacturer are beneficial as
supplemental information, but sufficient detail is needed on sealed plan sheets to.
enable an evaluation of each component of the treatment facility.
Some discrepancies exist between the sealed plans, specifications, and the
equipment manufacturer's drawings. This tends to bring into question the usefulness of
the manufacturer's drawings. Please clarify these conflicts.
The specifications call for two skimmers, whereas the plans and the equipment
data sheet show only one.
The specifications indicate walkways only to service plant equipment. The plans
do not show the extent of walkways, and the equipment data sheet indicates optional
grating to cover all tank openings. Please specify either full grating or adequate
guard rails at the edge of the walkways and plant -basins. The location of the blowers
and control panel on a slab and the location of valves and fittings within reach of the
edge of the plant would minimize the amount of grating needed for walkways.
The plans call for a chlorine detention tank of 800 gallons, whereas the
specifications call for 520 gallons and the dimensions on the equipment list indicates
less than 500 gallons, which would be less than 30 minutes detention time.
The specifications call for a tablet chlorinator under CHLORINATION EQUIPMENT,
although the plans do not indicate where it is to be located.
Interchange Building, 59 Woodfin Place SAW FAX [phone]
Asheville, North Carolina 28801 �� An Equal Opportunity/Affirmative Action Employer
Voice 704-251-6208 50% recycled/10% post -consumer paper
rser�� rmra�n T sea�+e

�.7
Ll
William G. Lapsley
April 2, 1996
Page Two
As -built drawings for the existing portion of the facility indicate that the 100
year flood elevation is 2068. Please explain the apparent discrepancy. Elevations of
the.top of the basins are needed to assure protection from the 100 year flood.
Flow equalization capacity is needed, as well as a source of potable water for
hand and equipment washing. A detailed drawing of the flow splitter box is needed to
verify that it will work properly.
The existing bar screen is inadequate due to it being submerged in the mixed
liquor and due to inadequate drying area. The drawings of the proposed treatment plant
indicate a similar installation. The bar screen will need to be located prior to the
equalization basin, and these concerns should be addressed with the proposed facility.
The existing primary flow measuring device is inadequate, and must
be upgraded to meet minimum criteria. The proposed V-notch weir at the end of the
clarifier trough is not suitable for flow measurement.
The blowers should be located on a slab separate to the treatment facility. This
will make it easier to access the blowers for operation and maintenance, as well as
reduce noise and vibration. The existing blowers should be relocated to the slab as
well.
The existing chlorine contact chamber is inadequate. There is insufficient
baffling inside the tank, and a dye test verified short circuiting through the tank.
The plans indicate that the chlorine contact tank attached to the proposed 25,000
gallon per day treatment unit is to be utilized for disinfection, although no
chlorinator is indicated on the drawings. The proposed dechlorination system indicates
the use of the existing contact tank, which appears to conflict with the site plan.
Please clarify this.
The NPDES permit limitations listed on the plan sheet for fecal coliform and
chlorine are incorrect. The fecal coliform limit is 200.01100 ml as a monthly average
and 400.0/100 ml as a daily maximum. The chlorine limit is 28.0 ug/l as a daily
maximum.
If you have questions or would like to discuss these requirements and
recommendations please call me at 704/251-6208.
Sincerely.
iq .j fe. �o
Paul R. White, P. E.
Environmental Engineer
copy: Mary Cabe
Jerome Lorenz

'TO • -PERMITS AND ENC r.ERING UNIT
WATER QUALITY Sm�.iION
DATE: March 2, 1992
NPDES STAFF REPORT AND RECOMMENDATION
COUNTY Henderson
PERMIT NUMBER NC0069671
PART I - GENERAL INFORMATION
1. Facility and Address: Mill Run Land & Lakes, Inc.
4133 Haywood Road
Horse Shoe, N.C. 28742
2. Date of Investigation: 2-4-92
3. Report Prepared By: Gary T. Tweed, P.E.
4. Persons Contract and Telephone Number: Larc Lindsey
704-697-5796
5. Directions to Site: Mill Run Land development is located
off U.S. Highway 191 north of Hendersonville near Mills
River.
6. Discharge Point(s), List for all discharge points:
Latitude: 35-23-08
Longitude: 82-33-08
USGS Quad No. USGS Quad Name Skyland
7. Size (land available for expansion and upgrading): Several
Acres.
8. Topography (relationship to flood plain included): Flat area
adjacent to Mills River. Site is elevated to protect from
flooding.

9. Lbcation of nearest dwelling: Greater than 100 feet.
10. Receiving stream or affected surface waters: Mills River
a. Classification: C
b. River Basin and Subbasin No.: 040302
c. Describe receiving stream features and pertinent downstream
uses: Drains rural area.
PART II - DESCRIPTION OF DISCHARGE AND TREATMENT WORKS
1. Type of wastewater: 100 % Domestic
Industrial
a. Volume of Wastewater: Permitted for 0.0400 MGD.
Authorization to construct is for a 30,000 GPD system to be
built in two phases. Phase I is completed and phase II is
under construction. The NPDES Permit should be revised to
0.030 MGD.
b. Types and quantities of industrial wastewater: N/A
C. Prevalent toxic constituents in wastewater:
d. Pretreatment Program (POTWs only): N/A
in development approved
should be required not needed
2. Production rates (industrial discharges only) in pounds per day:
N/A
3. Description of industrial process (for industries only) and
applicable CFR Part and Subpart: N/A
4. Type of treatment (specify whether proposed or existing): It is
proposed to continue the operation of a 0.015 MGD extended
aeration type wastewater treatment system and complete the
construction of the second 0.015 MGD system bringing total
capacity to 0.030'MGD.
5. Sludge handling and disposal scheme: Excess sludge is removed
by pump truck to the City of Hendersonville.
6. Treatment plant classification:
(include rating sheet). Class II
7. SIC Codes(s): 4952.
Wastewater Code(s): Primary 05 Secondary
Wastewater Treatment Unit Code 06007

PART III - OTHER PERTINENT INFORMATION
1. Is this facility being constructed with Construction Grant funds
(municipals only)? N/A
2. Special monitoring requests:
3. Additional effluent limits requests:
4. Other:
PART IV - EVALUATION AND RECOMMENDATIONS
Mill Run Land & Lakes, Inc. has requested renewal of NPDES
Permit No. NC0069671 for the continued operation of a 0.0300 MGD
wastewater treatment facility. Past operation of the existing
facility has been acceptable. The NPDES Permit was issued
originally for 0.040 MGD and should be reduced to 0.030 MGD which
is the design of the existing facility. ,
It is recommended that the permit be rer,.ewed.
Signatuf eport P eparer
Wate Quality Regional Supervisor
77LI, Z/ !'FLZ
Date March 2, 1992

--------------------- WAr`C'EM;l.) f=iLLOi_:A-!`:COC.! f-iF=''h;1:f':?Al_. FC?FiM
Facility Name : MILLS RI•rL-_R INC. SUBDIVISION
Type of Waste . DOMESTIC
Status ; F r.Or- OSED
Receiving Stream c j?jT;7j,
rr• �StrSeam Class.
Subbasin
County . HENDER COI'•! Drainage Area t My rtii•,j,4?2%
Regional Office . (-RO Summer 7010 (cf ) . 30.
Requestor a WICOINS Winter- 7010 (c i e) . 39.
Date of Request . 2/12/87 Average Flow (cfe) . 127
-------------------------- RECOMMENDED EFFLUENT LIMITS -•------------------------•----
W;`str'i low (mgd) . 0.04C)
5-Day BOD (mg/1): SO
F1mrtC}i-t1a Nitrogen Cige1-a l71g;
Dissolved Oxygen (mg/1) e NR
TSS (mg/1): 30
Fecal Col i i orm (#/100ml) n 1000 {
PH (SU)e --9 i
Upstream (Y/N)
Downstream ( /N) a
MONITORING
Lor_at jori r,
I
--------------------------------------------------------------------------------
I•Y:e%.ommended I:7'Y, _ ���� ._"""��_. Data 112._--
Reviewed byn
Tech. Support Supervisor
I.
Engineering
ti.
Permits & L...i1413-neer 1.i" g __.___. _.._..__-_J-_.__......-.•_-._ i ..-._..__.._.__
te
Date ---------.._.

-
|
/
SUMMER
MODEL -
MODEL
RESULTS ----------
Discharger
:
MILLS RIVER INC.
SUBDIVISION
Receiving Stream
:
MILLS RIVER
______________________________________________________________________
The End D.O.
is
8.10
mg/l.
The End CBOD
is
2.14
mg/l.
The End NBOD
______________________________________________________________________
is
0.00
mg/l.
WLA
WLA
WLA
DO
Min
CBOD
NBOD
DO Waste Flow
(mg/l)
Milepoint Reach
# (mg/l>
(mg/l)
(mg/l) (mgd)
Segment 1
7.78
0.00 1
Reach 1
135
0.00
0.00 0'04000

MODEL SUMMARY DATA
Discharger . MILLS RIVER INC. 3L.►DDIVJ sl:3ubbasin . 040403
Receiving Stream . MILLS RIVER Stream Class.; W!SiIl--TR
Summer 7010 . 30. Winter 7010 . 39
Design Temperature: 22.
!LENGTH; SLOPE; VELOCITY ; DEPTH; KI ; KI ; K2 ; K2 ; KN ; KN ; KNR ; KNR ;
mile ; ftloi; fps ; ft ;design; a201 ;design; a201 ;design; 320' ;design; a20 ;
------------------------------ 7----------------------------------------------------------------------
Segment 1 ; 1.40; 9.00; 0.555 ; 111 ; 0.45 ; 0.41 ; 422 ; 4AT 0.00 ; 0.00 ; 0.00 ; 0.00 ;
Reach 1 ; ; ; ; ; ;
-----------------------------------------------------------------------------------------------------
;
F= 1 aw
; CBOD ;
NE: OD ;
i7 . C . ;
;
cfs
; mg/1 ;
mg/1 ;
mg/1 ;
Segment 1 Reach 1.
Waste ;
0.062
; 1. 3 5 . f)00 ;
0.000 ;
0.000
Headwaters!
30.000
; 2.000 ;
0.000 ;
7.800
Tributary ;
0.000
; 0.000 ;
0:000
0.000
Runoff ;
0.720
; 2.000 ;
0.000 ;
7.900
Runoff flow is in cfs/mile

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