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HomeMy WebLinkAboutNCG551741_Historic E-File Scan Up To 12/7/2020ATA NCDENR Division of Water Resources National Pollutant Discharge Elimination System (NPDES) Application for Coverage Under General Permit NCG550000 Single Family Residences and/or facilities discharging < 1000 gallons per day of domestic wastewater NOTICE OF INTENT [Required by 15A NCAC 02H .0127(d)]; [term definition see 15A NCAC 02H .0103(19)] FOR AGENCY USE ONLY Date Received Year Month Day Certificate of Coverage N C G, 5 5 1 iii4]` Check # Amount 1aLQL. 3 (20, r47 Assigned To: 1. Regional Office contact (Please note: This application will be returned if you have not met with a representative from the appropriate regional office.): Please list the NCDENR Regional Office representative(s) with whom you have met: Name(s): Timothy Heim, P.E. and Mikal Willmer Date: 6/23/2017 2. Mailing address of owner/operator: (address to which all correspondence should be mailed) Owner Name Street Address City Telephone # (H) Cell/Mobile # Marcie Cramer and Phillip Jones 117 Longbranch Road Winter Park State FL Zip 32792 407-657-8555 Telephone # (W) 407-493-0253 Email Kenda64@aol.com 3. Location of facility producing discharge: (If facility is not yet constructed, give street address or lot #) Street Address City County Telephone # 5026 Wayah Road Franklin Macon 407-657-8555 State NC Zip 28734 - Cell/Mobile # 407-493-0253 4. Physical location information: Please provide a narrative description of how to get to the facility (use street names, state road numbers, and distance and direction from a roadway intersection). I-26W from Asheville, NC to US 25N; turn Left at fork & continue on US- 74W: merge onto I-40W/US-74W for 17.6 mi: take exit 27 for US-74 toward US-19/US- 23/Clyde/Wm nesville; continue onto US-74W for 26 mi; take exit 81 for US-23 S toward US-441S/ Dillssboro/Franklin; Continue 20.3 mi on US-23 S; continue 3.7 mi onto US-64W/Murnhy Road: turn Right onto Patton Rd. continue for 0.3 mi; turn left onto Wayah Rd & continue for 5 mi - Site is on the left 5. This NPDES permit application applies to which of the following : ❑ New [term definition see 15A NCAC 02H .0103(16)] or Proposed (system not constructed) ® Existing [term definition see 15A NCAC 02H .0103(11)]; If previously permitted by local or county health department, please provide the permit number Unknown and issue date Unknown. ❑ Modification; please describe the nature of the modification: Page 1 of 4 Revised 9/1/13 NCG550000 New Application 6. Description of Discharge: [Required by 15A NCAC 02H .0105(c)(1)] a) Amount of wastewater to be discharged: Number of bedrooms 5 x 120 gallons per bedroom = 360 gallons per day to be permitted b) Type of facility producing waste (please check one): ❑ Primary residence ® Vacation/second home El Other: 7. Please check the components that comprise the wastewater treatment system: [Required by 15A NCAC 02H .0105(c1(3)] ® Septic tank ❑ Primary sand filter ❑ Chlorination ® Recirculation/Dosing tank ❑ Secondary sand filter ® Recirculating Synthetic Filter ❑ Dechlorination ® Other form of disinfection: Ultraviolet Light ® Post Aeration (specify type) Rip -Rap Cascade 8. For new or proposed systems only - Please address the feasibility of alternatives to discharging for the following options in the cover letter for this application: [Evaluation required by G.S. § 143-215.1(b)(5)(a) and 15A NCAC 02H .0105(c)(2)] a) Connection to a Regional or Municipal Sewer Collection System. b) Letter from local or county health department describing the suitability or non -suitability of the site for all types of wastewater ground adsorption and innovative non -discharge systems. Document the repair potential of the failed system. c) Land Application such as spray irrigation or drip irrigation. 9. Receiving waters: [Required by 15A NCAC 02H .0105(c)(1)] a) What is the name of the body or bodies of water (creek, stream, river, lake, etc.) that the facility wastewater discharges end up in? Wayah Creek b) Stream Classification (if known): WS-III; B; Tr 10. The application must include the following or it will be returned, as allowed by 15A NCAC 02H .0107(b): a) For Certificates of Coverage: ® An original letter and two (1) copy requesting coverage under NCG550000. ® A signed and completed original and one copy of this Notice of Intent Application. ® A check or money order for the permit fee of $60.00 [per G.S. § 143-215.3(a)(lb)] made payable to NCDENR. ❑ Invoice showing that the septic tank has been pumped and serviced within the last 12 months (only when existing service tank will be used). Page 2 of 4 Revised 9/1/13 NCG550000 New Application New or proposed facilities must also include: ® Letter from the county health department evaluating the proposed site for all types of ground absorption and innovative non -discharge systems. Document the repair potential of the failed system. ® Evaluation of connection to a regional sewer system (approximate distance & cost to connect). ® Provide a 7Q10 flow estimate at the proposed wastewater discharge point from the US Geological Survey (919- 571-4000) b) For an Authorization to Construct (ATC) only: (Note: There is no fee for an ATC) ❑ A letter requesting an ATC ❑ Three sets of plans and specifications (required by 15A NCAC 02H .0138) of proposed treatment system (see Permit Application Checklist and Design Criteria for Single Family Discharge) ❑ Invoice showing that the septic tank has been pumped and serviced within the last 12 months (only when existing septic tank will be used). Additional Application Requirements: a) If this application is being submitted by a consulting engineer (or engineering firm), include documentation from the applicant showing that the engineer (or firm) submitting the application has been designated an authorized Representative of the applicant, per 15A NCAC 02H .0138(b)(1). b) If this application is being submitted by a consulting engineer (or engineering firm), final plans for the treatment system must be signed and sealed by a North Carolina registered Professional Engineer and stamped - "Final Design - Not released for construction;" per 15A NCAC 02H .0139. c) If this application is being submitted by a consulting engineer (or engineering firm), final specifications for all major treatment components must be signed and sealed by a North Carolina registered Professional Engineer and shall include a narrative description of the treatment system to be constructed; per 15A NCAC 02H .0139. Page 3 of 4 Revised 9/1/13 NCG550000 New Application CERTIFICATION I certify that I am familiar with the information contained in this application and that to the best of my knowledge and belief such information is true, complete, and accurate. Printed Name of Person Signing: David D. Smith, PE Title: Engineer of Record (Please revi- 5A NC ' 02H .0106 e f f th ,fzed sig officials) (Signature Applicant (Signature of Applicant) (Date Signed) (Date Signed) North Carolina General Statute 143-215.6B provides that: Any person who knowingly makes any false statement representation, or certification in any application, record, report, plan, or other document filed or required to be maintained under this Article or a rule implementing this Article; or who knowingly makes a false statement of a material fact in a rulemaking proceeding or contested case under this Article; or who falsifies, tampers with, or knowingly renders inaccurate any recording or monitoring device or method required to be operated or maintained under this Article or rules of the Commission implementing this Article, shall be guilty of a Class 2 misdemeanor which may include a fine not to exceed ten thousand dollars ($10,000). 18 U.S.C. Section 1001 provides a punishment by a fine or imprisonment not more than 5 years, or both, for a similar offense. Application must be accompanied by a check or money order for $60.00 fper G.S. t 143-215.3(a)( lb)] made payable to: NCDENR • • • • • Mail this application and one copy of the entire package (with check) to: NC DENR / DWR / Water Quality Permitting Section 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Attn: Charles Weaver Note: The submission of this document does not guarantee the issuance of an NPDES permit Page 4 of 4 Revised 9/1/13 State of North Carolina Division of Water Resources Water Quality Regional Operations Section Staff Report FORM: WQROSSR 04-14 Page 1 of 6 To: NPDES Unit Non-Discharge Unit Application No.: NCG551741 Attn: (name of Reviewer in Raleigh) Facility name: 5026 Wayah Rd. From: Mikal Willmer Asheville Regional Office Note: This form has been adapted from the non-discharge facility staff report to document the review of both non- discharge and NPDES permit applications and/or renewals. Please complete all sections as they are applicable. I. GENERAL AND SITE VISIT INFORMATION 1. Was a site visit conducted? Yes or No a. Date of site visit: 06/23/2017 b. Site visit conducted by: Mikal Willmer & Tim Heim c. Inspection report attached? Yes or No d. Person contacted: Marcie Cramer and their contact information: (828) 369 - 9993 ext. e. Driving directions: Head west on I-40 from the ARO. Take exit 27 (US-74) towards sylva. Take exit 81 off of US-74. Travel on US-23 S to US-64 W for approximately 24 miles, then turn right onto Patton Rd and take the first left onto Wayah Rd. Proposed facility is five miles on the left (5026 Wayah Rd.) 2. Discharge Point(s): Latitude: 35.161478 Longitude: -83.536484 Latitude: Longitude: 3. Receiving stream or affected surface waters: Classification: WS-III Tr River Basin and Subbasin No. Little Tennessee, Upper Little Tennessee Subbasin (06010202) Describe receiving stream features and pertinent downstream uses: Wayah Creek flows into Cartoogechaye Creek, a WS-III, Tr, CA (Town of Franklin’s Water Supply Intake). II. PROPOSED FACILITIES: NEW APPLICATIONS 1. Facility Classification: Failed subsurface septic system. Propose SFR Discharge <1000 GPD Proposed flow: 360 gallons Current permitted flow: Two bedroom home ~240 GPD 2. Are the new treatment facilities adequate for the type of waste and disposal system? Yes or No If no, explain: 3. Are site conditions (soils, depth to water table, etc) consistent with the submitted reports? Yes No N/A If no, please explain: 4. Do the plans and site map represent the actual site (property lines, wells, etc.)? Yes No N/A If no, please explain: DocuSign Envelope ID: 4567DA2B-47DB-46B3-8350-30DBD6705980 FORM: WQROSSR 04-14 Page 2 of 6 5. Is the proposed residuals management plan adequate? Yes No N/A If no, please explain: 6. Are the proposed application rates (e.g., hydraulic, nutrient) acceptable? Yes No N/A If no, please explain: 7. Are there any setback conflicts for proposed treatment, storage and disposal sites? Yes or No If yes, attach a map showing conflict areas. Property has site constraints. Setbacks are <30’ from property lines, <15’ from building foundation, <100’from water supply wells, & <50’ from creekbank. 8. Is the proposed or existing groundwater monitoring program adequate? Yes No N/A If no, explain and recommend any changes to the groundwater monitoring program: 9. For residuals, will seasonal or other restrictions be required? Yes No N/A If yes, attach list of sites with restrictions (Certification B) Describe the residuals handling and utilization scheme: 10. Possible toxic impacts to surface waters: all wastewater discharges have the potential to negatively impact surface waters. 11. Pretreatment Program (POTWs only): NA III. EXISTING FACILITIES: MODIFICATION AND RENEWAL APPLICATIONS 1. Are there appropriately certified Operators in Charge (ORCs) for the facility? Yes No N/A ORC: Certificate #: Backup ORC: Certificate #: 2. Are the design, maintenance and operation of the treatment facilities adequate for the type of waste and disposal system? Yes or No If no, please explain: Description of existing facilities: Proposed flow: Current permitted flow: Explain anything observed during the site visit that needs to be addressed by the permit, or that may be important for the permit writer to know (i.e., equipment condition, function, maintenance, a change in facility ownership, etc.) 3. Are the site conditions (e.g., soils, topography, depth to water table, etc) maintained appropriately and adequately assimilating the waste? Yes or No If no, please explain: 4. Has the site changed in any way that may affect the permit (e.g., drainage added, new wells inside the compliance boundary, new development, etc.)? Yes or No If yes, please explain: 5. Is the residuals management plan adequate? Yes or No If no, please explain: 6. Are the existing application rates (e.g., hydraulic, nutrient) still acceptable? Yes or No If no, please explain: 7. Is the existing groundwater monitoring program adequate? Yes No N/A If no, explain and recommend any changes to the groundwater monitoring program: 8. Are there any setback conflicts for existing treatment, storage and disposal sites? Yes or No If yes, attach a map showing conflict areas. 9. Is the description of the facilities as written in the existing permit correct? Yes or No If no, please explain: DocuSign Envelope ID: 4567DA2B-47DB-46B3-8350-30DBD6705980 FORM: WQROSSR 04-14 Page 4 of 6 11. Are the monitoring well coordinates correct in BIMS? Yes No N/A If no, please complete the following (expand table if necessary): Monitoring Well Latitude Longitude ○ ′ ″ - ○ ′ ″ ○ ′ ″ - ○ ′ ″ ○ ′ ″ - ○ ′ ″ ○ ′ ″ - ○ ′ ″ ○ ′ ″ - ○ ′ ″ 12. Has a review of all self-monitoring data been conducted (e.g., DMR, NDMR, NDAR, GW)? Yes or No Please summarize any findings resulting from this review: Provide input to help the permit writer evaluate any requests for reduced monitoring, if applicable. 13. Are there any permit changes needed in order to address ongoing BIMS violations? Yes or No If yes, please explain: 14. Check all that apply: No compliance issues Current enforcement action(s) Currently under JOC Notice(s) of violation Currently under SOC Currently under moratorium Please explain and attach any documents that may help clarify answer/comments (i.e., NOV, NOD, etc.) If the facility has had compliance problems during the permit cycle, please explain the status. Has the RO been working with the Permittee? Is a solution underway or in place? Have all compliance dates/conditions in the existing permit been satisfied? Yes No N/A If no, please explain: 15. Are there any issues related to compliance/enforcement that should be resolved before issuing this permit? Yes No N/A If yes, please explain: 16. Possible toxic impacts to surface waters: 17. Pretreatment Program (POTWs only): DocuSign Envelope ID: 4567DA2B-47DB-46B3-8350-30DBD6705980 FORM: WQROSSR 04-14 Page 5 of 6 IV. REGIONAL OFFICE RECOMMENDATIONS 1. Do you foresee any problems with issuance/renewal of this permit? Yes or No If yes, please explain: 2. List any items that you would like the NPDES Unit or Non-Discharge Unit Central Office to obtain through an additional information request: Item Reason 3. List specific permit conditions recommended to be removed from the permit when issued: Condition Reason 4. List specific special conditions or compliance schedules recommended to be included in the permit when issued: Condition Reason Require Grade I NC Licensed WW ORC w? Operator Visitation 1/month This is a WS-III, B, Tr stream that feeds into WS a CA (Water Supply for the Town of Franklin). Additionally, SFR (NCG55) systems have a relatively low compliance rate in Asheville region. Operator visitation log required to be retained (add to Part II, Section E:1) See above. 5. Recommendation: Hold, pending receipt and review of additional information by regional office Hold, pending review of draft permit by regional office Issue upon receipt of needed additional information Issue Deny (Please state reasons: ) 6. Signature of report preparer: Signature of regional supervisor: Date: DocuSign Envelope ID: 4567DA2B-47DB-46B3-8350-30DBD6705980 11/3/2017 11/6/2017 11/6/2017 FORM: WQROSSR 04-14 Page 6 of 6 V. ADDITIONAL REGIONAL STAFF REVIEW ITEMS See facility inspection report for additional site-visit details. DocuSign Envelope ID: 4567DA2B-47DB-46B3-8350-30DBD6705980 EPA United States Environmental Protection Agency Washington, D.C. 20460 Water Compliance Inspection Report Form Approved. OMB No. 2040-0057 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 N 52 NCG551741 17/06/23 R S31112171819 20 21 66 Inspection Work Days Facility Self-Monitoring Evaluation Rating B1 QA ----------------------Reserved------------------- N67707172 73 74 75 80 Section B: Facility Data Name and Location of Facility Inspected (For Industrial Users discharging to POTW, also include POTW name and NPDES permit Number) 5026 Wayah Road 5026 Wayah Rd Franklin NC 28734 Entry Time/Date Permit Effective Date Exit Time/Date Permit Expiration Date 10:20AM 17/06/23 Name(s) of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) /// Other Facility Data 12:00PM 17/06/23 Name, Address of Responsible Official/Title/Phone and Fax Number Marcie Cramer,117 Longbranch Rd Winter Park FL 32792//407-657-8555/Contacted No Section C: Areas Evaluated During Inspection (Check only those areas evaluated) Permit Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary) (See attachment summary) Name(s) and Signature(s) of Inspector(s)Agency/Office/Phone and Fax Numbers Date Timothy H Heim ARO WQ//828-296-4665/ Mikal Willmer ARO WQ//828-296-4686/ Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date EPA Form 3560-3 (Rev 9-94) Previous editions are obsolete. Page#1 DocuSign Envelope ID: 4567DA2B-47DB-46B3-8350-30DBD6705980 11/3/2017 11/6/2017 11/6/2017 NPDES yr/mo/day 17/06/23 Inspection Type R3111218 1 Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary) Mikal Willmer and Tim Heim with the Asheville Regional Office conducted a Reconnaissance Inspection of the property located at 5026 Wayah Rd in Macon County. This inspection was conducted to gather additional information about site suitability for a potential issuance of a General NPDES discharge permit through the North Carolina Division of Water Resources. Marcie Cramer (owner), David Smith (Consulting Engineer), Karen Wallace (NC DHHS), Kyle Jennings and Jonathan Fouts (Macon Environmental Health) and Hugh Shannon and Richard Ledford (Mountain Soils). Observations of the subject property, site history and receiving stream are as follows: March 2017: I (Mikal Willmer) initially spoke with Ms. Cramer at the end of March in regard to her interest in purchasing 5026 Wayah Rd and a part-time home. We discussed the potential issues with the current septic system. I provided Ms. Cramer with information about the permitting process through our division and informed her that even a repair denial from the health department did not guarantee an application with our Division would be approved. May 2017: I spoke with Ms. Cramer in May and she informed me they had purchased the property and were denied an improvement permit (increase bedroom size from two to three bedrooms). They were also issued a Notice to Repair the septic system at that time. I provided Ms. Cramer with the options she needed to explore before submitting an application to our Division, along with lists of Environmental Engineers and NC On-site Water Protection Branch's contact information. At the end of May Ms. Cramer began to explore a potential pump & haul (P&H) permit to use the property until a working septic system could be installed. June 2017: After verifying the Division's regulations in regards to temporary P&Hs, Tim Heim, informed Ms. Cramer we were unable to issue a P&H permit since she did not have a permitted system with DWR. The local health department and NC DHHS confirmed their regulations did not allow them to issue a permanent P&H permit unless an owner is denied all other wastewater disposal options. June 23, 2017: Tim Heim and I met with Ms. Cramer on-site to assess site conditions and have the health department go over their findings for the property. The septic tank was located within the 2nd bedroom of the home under a hatch in the floor. The local health department had no record or permit for this system (house was built in the 60's). The septic tank failed all leak tests and any wastewater generated from the home was more than likely making its way into Wayah Creek. The property is approximately half an acre and the home sits on the bank directly above the creek. The property has severe site restrictions (property line, right-of-way, well and creek setbacks). Wayah Creek is listed at a WS-III, B, Tr stream that flows into the town of Franklin's Water Supply. August 2017: Ms. Cramer was provided with the pump and haul application and regulations for her records. Tim Heim reiterated she could apply for a pump and haul permit, but it would only be considered if she were approved for coverage under a General NPDES permit. See staff report for ARO recommendations. NCG551741 17 (Cont.) Page#2 DocuSign Envelope ID: 4567DA2B-47DB-46B3-8350-30DBD6705980 Permit:NCG551741 Inspection Date:06/23/2017 Owner - Facility: Inspection Type: 5026 Wayah Road Reconnaissance Permit Yes No NA NE (If the present permit expires in 6 months or less). Has the permittee submitted a new application? Is the facility as described in the permit? # Are there any special conditions for the permit? Is access to the plant site restricted to the general public? Is the inspector granted access to all areas for inspection? See summary for details of site-visit.Comment: Page#3 DocuSign Envelope ID: 4567DA2B-47DB-46B3-8350-30DBD6705980 ROY COOPER Governor MICHAEL S. REGAN Secretary LINDA CULPEPPER Interim Director Water Resources ENVIRONMENTAL DUALITY November 13, 2017 Marcie Cramer & Phillips Jones 117 Longbranch Road Winter Park, FL 32792 Subject: Issuance to Certificate of Coverage (COC) / Authorization to Construct (ATC) NPDES General Permit NCG551741 under General Permit NCG550000 Single Family Residence (SFR) 5026 Wayah Road, Franklin Macon County Dear Permittees: In accordance with your application for discharge under the subject NPDES General Permit, the Division of Water Resources (DWR) herewith forwards a Certificate of Coverage (COC) and Authorization to Construct (ATC) permit for new facilities. We issue this permit pursuant to the requirements of North Carolina General Statue 143-215 .1, the Memorandum of Agreement between North Carolina and the US Environmental Protection Agency (EPA) dated October 15, 2007 (or as subsequently amended). Your permit package includes: ▪ Certificate of Coverage (COC) /Authorization to Construct (ATC) ▪ Operation & Maintenance Instructions • A copy of Wastewater Discharge General Permit NCG550000 ▪ A copy of the approved plans and specifications (signed October 12, 2017). ▪ Engineer's Certification form (to be returned to DWR upon project completion). To maintain your Certificate of Coverage (COC), you must remit an annual fee of $60, due each year on the date of this letter, November 13, to the Division of Water Resources. Please include the COC number NCG551741 on your check. Mail your Annual Fee to: NCDEQ / DWR / NPDES / SFR Permitting Attention: Wren Thedford 1617 Mail Service Center Raleigh, NC 27699-1617 DWR understands that the subject property has been judged "unsuitable" for a ground -absorption sewer system by the Macon County Health Department. Therefore, your authorized consultant, David D. Smith and Company, PLLC intends to upgrade/install a wastewater treatment system designed to discharge to Surface Waters of the State [in accord with N. C. Division of Water Resources / NPDES Unit 1617 Mail Service Center, Raleigh, NC 27699-1617 Internet: h2o,enr.state.nc.us Phone: (919) 807-6300 fax: (919) 807-6495 DEQ Customer Service Center: 1 800 623-7748 plans and specifications signed by the engineer on October 12, 2017. Compliance under General Permit NCG550000 restricts discharge flow, not to exceed 1,000 gallons per day. This ATC covers treatment facilities for a three (2)-bedroom single-family residence estimated to discharge 360 gpd (120 gallons per bedroom). Please note that you must provide regular treatment -system operation, maintenance and inspections in accord with manufacturer's recommendations and this ATC; all records, water analyses, and logs to be kept onsite available for DWR inspection [NCG550000, Section A. (2.)]. Operation and Maintenance. The Permittee is responsible to maintain all components of the approved treatment system, designed to meet Surface Water -Quality Standards. Compliance includes following the manufacturer's guidelines, conducting and documenting inspections, establishing sources for OEM spare parts and supplies, taking samples for analyses, making necessary repairs, and documenting said maintenance for the duration of the permit. Please note that the receiving stream is currently classified and governed as WS-III; B; Tr (Water Supply; Class B; Trout Waters). If DWR determines that your discharge contributes to future degradation or impairment of this waterbody, an individual NPDES permit may be mandatory. Upon DWR's request, the Permittee must provide records and demonstrate regular efforts to maintain the approved treatment system. The Division recommends that the Permittee solicit manufacture -certified training, or a qualified contractor or service to regularly inspect and maintain this treatment system. Authorization to Construct (ATC) Permit. This ATC details the conditions of installation and operation. Before startup, activation requires notice to the Asheville Regional Office (828-296-4500), attention Landon Davidson, a minimum of three (3) days in advance of discharge. Such notification shall be made during normal office hours from 8:00 a.m. until 5:00 p.m. Monday through Friday, excluding State holidays. The attached Engineer's Certification form, must be returned to DWR by the Engineer, documenting compliance "as built" in accord with this ATC and approved plans and specifications submitted to DWR on October 12, 2017. No changes may be made without prior approval. Therefore, in accord with the application and the attached approved plans and specifications, DWR hereby authorizes the installation of a new surface -water discharge treatment system described as: • Septic Tank • Recirculation/Dosing Tank • Ultraviolet Light for disinfection • Recirculating Synthetic Filter • Post Aeration (Rip -Rap Cascade) Compliance with the above shall include a leakage test performed on reused tanks and proposed new tanks, or leak - certified new by the manufacture not to exceed an exfiltration rate of twenty (20) gallons per twenty-four (24) hours per 1,000 gallons of tank capacity. The Engineer's Certification shall serve as proof of compliance with this condition. Mail the completed Engineer's Certification to: • DEQ/ DWR/ NPDES Program 1617 Mail Service Center Raleigh, NC 27699-1617 The Permittee shall, for the life of the treatment facility, maintain on site a copy of the approved plans and specifications available for DWR inspection. All elbow piping must conform to the long -sweeping type. All cleanouts must be housed in meter boxes below grade. This treatment system shall be located at least 15 feet away from a dwelling, at least 100 feet from any water -supply Page 2 of 5 well either on- or off -site. The system shall also be located and constructed above any applicable 100-year flood line; 50- ft setback from property lines. Upon completing construction and prior to operating this permitted facility, a North Carolina -registered engineer shall sign and submit to DWR the attached Engineer's Certification form, thereby certifying that the permitted facility has been installed in accordance with the NPDES Permit, this Certificate of Coverage, this Authorization to Construct, and the approved plans and specifications. This ATC permit is issued in accordance with Part III, Paragraph 2 of NPDES General Permit NCG550000, and is subject to revocation unless wastewater treatment facilities are constructed in accordance with the conditions and limitations specified in this General Permit. In the event that the facilities fail to perform satisfactorily, including creating nuisance conditions, the Permittee shall take immediate corrective action as may be required by this Division, such as the construction of additional or replacement wastewater treatment(s) or disposal facilities. Failure to abide by the requirements of this ATC permit may subject the Permittee to an enforcement action by the Division of Water Resources in accordance with North Carolina General Statute 143-215.6A to 143-215.6C. If any parts, measurement frequencies or sampling requirements contained in this General Permit are unacceptable to you, you have the right to request an individual permit by submitting an individual permit application. Unless such demand is made, the certificate of coverage shall be final and binding. This COC is not transferable except after notice to the Division. The Division may modify or revoke and reissue this COC. This COC does not affect your legal obligation to obtain other permits that may be required by the Division of Land Resources, the Coastal Area Management Act, or any other Federal or Local government. NPDES Contact. If you have any questions concerning the requirements of this Certificate of Coverage or Authorization to Construct (ATC) permit, please email Emily Phillips [sarah.phillips@ncdenr.gov] or call her direct line [919-807-6479]. Sincerely, i Linda Culpepper Interim Director, Division of Water Resources Attachments: COC; Engineer's Certification form (to be signed and returned to DWR) hc: Asheville Regional Office, Landon Davidson, Supervisor NPDES General Permit Files ec: Asheville Regional Office, Landon Davidson David E. Smith [dsmith@ddsmithco.com] Page 3 of 5 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY DIVISION OF WATER RESOURCES CERTIFICATE OF COVERAGE - NCG551741 Under GENERAL PERMIT NCG550000 TO DISCHARGE 100%-DOMESTIC AND SIMILAR WASTEWATERS UNDER THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) In compliance with the provisions of North Carolina General Statute 143-215.1, other lawful standards and regulations promulgated and adopted by the North Carolina Environmental Management Commission, and the Federal Water Pollution Control Act, as amended, Marcie Cramer & Phillip Jones are hereby authorized to operate a wastewater treatment facility consisting of a Septic tank, Recirculation/Dosing Tank, Ultraviolet Light for disinfection, Recirculating Synthetic Filter, Post Aeration (Rip -Rap Cascade) ; discharging from facilities located at 5026 Wayah Road Macon County to receiving waters designated as Wayah Creek [stream segment 2-19-8-(3)] a waterbody currently Classified WS-III; B; Trout located within sub -basin 04-04-01 [HUC: 06010202] of the Little Tennessee River Basin, in accordance with the effluent limitations, monitoring requirements, and other conditions set forth in Parts I, II, III and IV of General Permit NCG550000 as attached. This Authorization to Construct (ATC) shall become effective November 13, 2017. This Certificate of Coverage shall remain in effect for the duration of the General Permit. Signed this day November 13, 2017. La Culpepper Interim Director, Division of Water Resources By Authority of the Environmental Management Commission Page 5 of 5 5026 Wayah Road, Franklin NC Latitude 35.161482 Sub -Basin: 04-04-01 Longitude: -83.536549 Receiving Stream: Wayah Creek IDrainage Basin: Little Tennessee Stream Class: WS-III; B; Tr Facility Location NPDES NCG551741 Macon County 5026 WAYAH ROAD Franklin, Macon County, North Carolina PIN: 6544.44-5697 October 11, 2017 DDSCO. Project No.: 268417-1403-01 Index of Drawings Cover Sheet C-1 Existing Conditions C-2 Site Plan and Profile C-3 Tank and Pod Plan & Section C-4 Details APPROVED NCDEQ/DWR/NPDES Water Quality Perrntting Section Date 1 1,3 20 (( Permit # C6UG Owner/Developer: Marcie and Phil Cramer 117 Longbranch Road Winter Park, FL 32792 Contact: Marcie Cramer - (407) 657-8555 Phillip Jones - (407) 493-0253 Engineer: David D. Smith and Company, PLLC 1949 Bob's Creek Road Zirconia, NC 28790 Tel.: (828) 254-4448 Email: dsmith@ddsmithco.com Surveyor: Kilpatrick Land Surveying, PLLC P.O. Box 2705 Hendersonville, NC 28793 Tel.: (828) 692-6107 J a • ro O N N V • i u CZ ecl s�ro E ° ci Ni 5 License No.: P-0387 • 09/ SUE •41191.ff VICINITYMAP -gamma- sr PilFOR 1 A0A 0.91Aa. 01, ir a yA • WAITS — WAYAN ROAD IRMO DP CI §n SITE PLAN - EXISTING CONDITIONS 4 ,M'C SGIE CDDI 011. 1001111111 • 111.111,11111041, VICINDY MAP I DOETO$CME MOM rs012MIN WNW! IllaNIOLCURAVIMOMIKENrIMENEWNWV183016 DorAreamatmosamamaitmeoupetwancEmEmADA NMI ETCCONOIATROL1.11.11.1. 110,110. 9UN.EY NFCMAPOR OPTIONED FROM A SURVEY OY IOIPAT IC{ LAND SURRETM0, PLED DATED JAY 20, 201T 5026 WAYAH ROAD FOR REFERENCE ONLY CCISTRFOR 1 '4 s aiy. a rs.yp' i n1> ws 261417 DOS C-1 1 OF 4 PROPOSED RP RAP IMd6ESTRATM • t - ILACTST-La-RA.PP i 2510 WA7AR 2/R00+00 PROPOSE, OLENEUT.TYPICAL FROPPww ONTPa,IM PLAN TOP OP ' 3TFXEMR 0+50 PROFILE 1+00 NORILT 1,20'4.' VERTA 1•94'A' — —� / 62 MEAT OM MODELEOP I1 Feq?AME MR. TPFAlYB1r PO ELT1 PROPOS201.000 OAL PECen. XA17ITNI! • PROPOSED 0M SEPT TAM PROPOSED SRRRJEFFME ,900940P990,.a4.M w AMOPEAMON MISTS. WATER ACOORDANEWITIOICOENI A9APPRP iSEDUM PAO Orm-ESL ceMemucW M uENme rnTEOA WATER NELL. W.A. AMMO. POPAROPACE P TRI IICOCR ONO ADLIrER MITRED. SlCOOIAIO mCAIm- WELL CONTR. STi CF.IRTM PROPOSED OM. 2510 g _x IRxi�ACO OM- SEMTANN4,101,10 =ceei.:MXT3 LE. OUT. 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OE PAMHO TR* a LMAR• Iry ...AMP IAMO OA1011.3 01LE GOP .LT M 20IT 71A OC SAA C-2 2 01 4 • 4. EAR EAM RO PARES Y 0-1/0 (TP.) ILIpros 0202* ow) MODEL 800 I I a/.• wa Yvr�.E I6 r/E: - II 9 yy[ I 2 MUM EI P EEITH WELET LSE RO ) IDIOM PER MFR. `Ci .) SEPTIC AND RECIRCULATION/STORAGE TANKS MB NY E-2 ET KKR r/mMM tire. P LEN MOWN ROMP/ PRIOR TO MOMS RISERS .A.rs r tY w mNRL PAWN) OADA nsT 10 non o- MOM orsol dos To FIRM (7, SEPTIC AND RECIRCULATION/STORAGE TANK SECTIONS E- MAO AT PPODN ma NL wor. CER LINEN P01 EER. [- mAti�N r1 Y 1-2 ET HOER I NY E-E SET P/Comnf S/.• SU4 40 INC PEEP. 1AE I LteE rAME1 I,Mat-L® a@Irrt E. CAST -A -SEAL 101 CMp11OCEEr INPMER BPUCE` USTMv01LT P1MMLTM11- MAE SEE EM ./C-I — YI 4• YDS I; lad I .11 4 5CPVC 0 % 40 MN. SLOPE Y 1 I/1. RE YNYE eml o-E Er n,K mmm !MAT MS ocoaT ) _11/.•ANSI .O PVC RRR11 PER T4R. v sot ° Pr VNYE ALARM LIGHT CONTROL PANEL (LOCATED WITHIN 10-FEET OF TANKS) DIRER BURP CABLE TO PANEL NOTES: 1. ME0E 011EIINE ROTE. ALL RE PAN RHINOS SNEu K SCIEEL 40 PM E. =VMACTDM MAIL KKK MIN ALL APLENANE EMGMM ND SEDLETTAIMN COONS KOKA O S. 3. CON1ROCIR MP FNIA PAL APPLW[ OSE MD 011112 NMI MATED RIN LATONS. A PAL MRS= ACCCO KEENS MALL E A WHAM OP E•D ARM NVMIN E-E SET RISER ANII16 NAM RATE MOO SIALL MATE 10E EM 12E111 0. SEINE TANKS SHAME 00101RN1E 1E11 A BAIFIL NAIL MOEN TIE TNN NEIEI ]/RA 10 1 RERM% 16BE CM L SHALL 6TMEE 1D PAKAE OF EFlAE171ROM011 A SLOT R HOLD LOCATED EME N 4E NO NI PERMIT R TM MIENS DEPTH. 0. 0:011!4.OIR SHALL E EEdIME FOR RDANNB NL IMIIPEORIONAL COST DE � r NE AT NO 7. AU- TANL ENL EYE A (ROAN EI-RP 0NI ER COMPRE0AYE ST1NIN R 1500 PM. a NL TANK AE EEMEIT EVTEIS MULL K APPMMER E 4T HEAT PM 14- 11E MAEE.'A101 WEEK FILTERS AINL E M® FOR OWN EOM MO EMEND DOIN TO 10-P00IT OF LIMO IMEL • AL 4E0114 (MID -SEMI. 10P.4AL0 SELL K WALED IIMEIFIKINTCS--1M OREOUW KK SENNITSA Ar. SWOT 10. TANK MULL E LEAN-TEEIE PMR E DRR1 VFW (0 E AMMO A SAMMY Of S NOES Of ICRICAT0 LANAI RISER AimEE! M PLAICE. M ACCORDANCE RN AM STANDARDS. 11. AIL PK PEEDL*TE0 swum PRECAST EE RKE TANS R(AEL K NERDS-SGL CAST-A-E0 WS IMMSEM S0015 4 MUM. MI OE1ED 114121111017. 12. ALL TNER YRf KEr STAR R LOCAL CmE1 S NOT UK NON COME INNS N RMARICI1R SKIM PE 11MAT 002101 MITER PRIOR TIME APPROVAL FROM E-E HEAT. 11 M 6R D9EEEI MALL E *EWES O ROWED IN LOGY NW STAR SEE 1a M FLIER POD NNW OUT SKIL E I/4. PER SINE IMN. \-4• SCE1. 40 FNC TO OUTPML 0 1% CAST-A-SEIL 402 RUBBER BOOT SEE DETAIL 4/C-4 E—Z iTREAT ►.O.0011170 NATEEAERT. VA SOIE ILLTII.715A7E e:m..LMr1 5026 WAYAH ROAD cr .s... Mnyv .mom NOT TO SCALE f yl1/F7 Aor1�rEMFr 258417 DOS C-3 a or 4 COMMANDO WEE NOTE 1. ASSEMBLY TO BE INSTALLED AT ALL CHANGES IN NPE SLOPE OR DIRECTION MIDI HANMM DISTANCE BETNEEN CLEAN OUTS OF 100 FEET. 2. ALL NPE N CLEAN OUT ASSEMBLY 1D BE SCHEDULE 40 PVC 111TN ALL CONNECTORS. 1 GRAVITY CLEANOUT DETAIL NOT TO SCALE I4%,:ka 1 ___ IIAa qn rpfA ..ducdRI11 'aC AUDIBLE A UAL NIAN NTUT.ro POSTPANEL STAINLESS STEEL. / HANONANE (T1P1-- • C.G. MATED POST fve) FILL NM Y F CNIIN. PANFL NOWN. I. ALL SAES TO BE PRE NMI COPPER. x 11E MNYW MERM 4111401.1 CN MOPING 2100 SDE O 00 NPS SINE PHASE RR MNIAMEMERB sOO61 RECENACLE TO OE NPATMT. RPN00 12361 4 AL GUIDON AWNNNT TO BE NEW AY R FIECTw1-.. 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MALLENIN AN 40 NN•1 Wm—AeNiMN.�remOelmtlM spelammus Prioa ._pp21'�10S . LION PN-AP116.A6. 6 P rem GILA Na S0.06YAi�Pma .m...e6NaaN.aTNNNNNa' LANDOINNE INNDEPI_ NEENEEN Mi Y.tl4Km60 .s5R0lea*OpL ANNA. MANNNINI NAm01.laNALAA 04216NAL NEINImps II44N13663.1ANNE NNALL Rpt.a our. 1*1. B,10o TN1NLMa066AIIp Baa. RNINeN1 REw0m1 CISIO 20oFMI MPA.. ru Nriarq koNdoNammayAN.16.Da2A MA12 0. PmA N 32m6v.,.6N0936 .a NNN1.N61ANR NNa16161n1Nb. INNN <"i4.R6-i.,A�ONNEI~nA6mi0M4N6. Au*NNES MNNY NNN 1063m NNaa N NANNam10NN N.NNno INLDNNANINEANINDANNAAND, NNW. CararNenclCemI sRNINMEAN md23 INPPR1NN6.mvRRMa WENN I 1NNNNNNM1mya• TWW L1111. mo0I.d SN0R0 No. BMBc COON Blnp., Sun at Soul SOWN Nigh IANnomnos, NMmml C- Lem aaNNlamN I32.226111 TN NN1INNam6 NNN pubsINImurlooNNO•onsi 2W-m NNmrm6m 6al16NN. N ANA ROA N▪ 1▪ 2.0141 AID; 1 6A. AbP9A00e 1 1280.Ap.A 13.00-M1 . 1B NN M.M NomN ®1N6 N.Nm omP/ 4m0 Nano N 6INNNN ANAGEW1226Naoa161610ENN. . NN MoBmN NN10*I 242aINNM?NvgMai 0AIN1.mIN6 NY1PIIw 0N61MNM.NwoM.o MNNIy.N1 moss NENR m etonammumamN6N APNN.NNNNNNN N olAlmbnsanY mMaamNP. NANaNYN I.aNOOMMNneYMnY.Y# MENA-aNENNNNINAI .N IN Aap1Nm, RNa6NNNANNNNA NNNIMI N A111NS.631131. RmNI NANNanMNN.NNM DOM M11 NANA . N.�a ENNE.neewN.N:rol1wm. PENNRN1NN1..Npoal a C� 0_ SEED MDI NOT TO SCALE 5026 WAYAH ROAD m z V 11 ai Ix a A� Nnr ID 2050E loll J17 LUS s20B417 DOS C-4 4 OF Water Resources LNVIRONMEN IAL OUALJ1 Y Permittee: NPDES COC/ATC Number: County: Engineer's Certification: Va a, 1-7• S wt -kJ ROY COOPER MICHAEL S. REGAN S. JAY ZIMMERMAN Marcie Cramer & Phillip Jones NCG551741 Macon , a duly registered Professional Engineer in the State of North Carolina, as authorized by the Permittee to observe [ daily, the construction of the project, Location SdZ& LOac5al-1 Roaj Project Name zo yti cect LA. a con ec, full time ] do hereby state that to the best of my abilities, I practiced due care and diligence to observe the construction of said project such that it was advanced and completed in accordance and in compliance with the NPDE General Pe Signa rmtt, it Certificat proved plans and specifications, Authorization to Construct Permit, and of Covera iss . - • by the Di ision of Water Resources. Registration No. 5707 Date Ayr ( oz 2010 ,1+�,'11111110111j�,e' ‘s�� ��1�6A1�,,'rrr r``.•O��SSIO�rq• •°•off • 0 c) /0, • I • - Sp,L • ' a. • • • • a. • • : ✓ ' • • A • �� • • • ° • •�- FMGI‘kge.CIOS spf • i9e5,0••64\-\-\ ype o,,,,„1,,,o [Any person who knowingly makes any false statement, representation, or certification in any application, record, report, plan or other document filed or required to be maintained under Article 21 or regulations of the Environmental Management Commission implementing that Article, or who falsifies, tampers with or knowingly renders inaccurate any recording or monitoring device or method required to be operated or maintained under Article 21 or regulations of the Environmental Management Commission implementing that Article, shall be guilty of a misdemeanor punishable by a fine not to exceed $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.] 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Location: 512 N. Salisbury St. Raleigh, North Carolina 27604 Phone: 919-807-63001 FAX: 919-807-6492 Internet: www.ncwaterresources.orq Ars Equal Opportunity i Affirmative Action Employer • C'OM0R0i U 11 4. 4 ric _t • 7 ; ft7 General Permit NCG550000 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY GENERAL PERMIT NCG550000 DISCHARGE OF DOMESTIC WASTEWATER FROM SINGLE FAMILY RESIDENCES AND OTHER 100% DOMESTIC DISCHARGES WITH SIMILAR CHARACTERISTICS UNDER THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM In compliance with the provision of North Carolina General Statute 143 215.1, other lawful standards and regulations promulgated and adopted by the North Carohna Environmental Management Commission, and the Federal Water Pollution Control Act, as amended, this permit is hereby issued to all owners or operators, hereafter permittees, which are covered by this permit as evidenced by receipt of a Certificate of Coverage by the Environmental Management Commission to allow the discharge of treated domestic wastewater in accordance with the effluent limitations, monitoring requirements, and other conditions set forth in Parts I, II, III and IV hereof. This permit shall become effective August 1, 2013. This permit shall expire at midnight on July 31, 2018. Thomas A. Reeder, P E Acting Director Division of Watei Quality By Authority of the Environmental Management Commission Page 1 of 16 Pages General Permit NCG550000 PART I MONITORING, CONTROLS, AND LIMITATIONS FOR PERMITTED DISCHARGES A. EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS Applicability of Coverage This permit authorizes discharges (pursuant to the conditions described in this permit) to all waters of the state unless otherwise excluded in this section. Discharges to the following waters are excluded from permit coverage and will require an individual permit to discharge: Waters classified as WSI (Water Supply I) Waters classified as HQW (High Quality Waters, excluding WS II) Waters classified as SA Waters classified as ORW (Outstanding Resource Waters) Waters located in the Randleman Lake Watershed Applicable to Treatment Systems: 1) Single Pass Filter Systems discharging less than 1000 gallons per day (applicable to existing facilities only) 2) Multi -Phase Filter Systems (Primary & Secondary Single Pass Recirculating Sand Filters as well as other alternative technologies that provide treatment equivalent to, or greater than, recirculating sand filters) discharging less than 1000 gallons per day Treatment system requirements for existing systems (built prior to August 1, 2007) systems: • Septic Tank • Sand or media filter component (Single Pass Filter Systems, Multi -Phase Filter Systems) • Disinfection (All facilities adding chlorination after the August 1, 2007 will also be required to add dechlorination. If a system had chlorination before August 1, 2007, then the addition of dechlorination is not required) Treatment system requirements for new and existing systems (built after August 1, 2007): • Septic tank (with riser) • Filter media • Recirculating pump tank(s) per approved design (Multi -Phase Filter Systems only) • Primary & Secondary Single Pass Filter Systems (Multi -Phase Filter Systems only) • Filter media component per approved design • Disinfection unit (Chlorination/dechlorination, or equivalent means of disinfection), • Effluent pipe/outfall with aeration/erosion control (rip rap) For purposes of this permit, failed or failing systems that require replacement will be subject to requirements for new systems built after August 1, 2007. For purposes of this permit, systems that were constructed prior to August 1, 2007 that did not have a valid permit shall be required to get a valid permit. They will not be required to replace or upgrade systems installed prior to August 1, 2007 unless they are failing and require replacement. Page 2 of 16 Pages General Permit NCG550000 During the period beginning on August 1, 2013 and lasting until expiration, the Permittee is authorized to discharge domestic wastewater from outfall 001. Such discharges shall be limited and monitored by the Permittee as specified below: PARAMETER LIMITS MONITORING REQUIREMENTS Monthly Daily Measurement Sample Sample Frequency Type Locations Average Maximum Flow 2 [50050] Annually Estimate Effluent BOD, 5-Day, 20°C3[00310] 30.0 mg/1 45.0 mg/1 Annually Grab Effluent Total Suspended Solids3 30.0 mg/1 45.0 mg/1 [00530] Annually Grab Effluent Fecal Coliform3 Annually Grab Effluent 200/100 ml 400/100 ml (Geometric mean) {31616] Total Residual Chlorine3' [50060] Annually Grab Effluent Enterococci3'5 Annually Grab Effluent 1. Effluent is defined as wastewater leaving the treatment system, prior to discharge into a creek or other water body. 2. The wastewater discharge flow from this facility may not in any case exceed 1000 gallons per day 3. A North Carolina certified laboratory must perform the wastewater analysis. 4. Receiving stream chlorine levels are not to exceed 17 µg/L The sample shall be taken from the effluent pipe, prior to discharge into a creek or other waterbody. 5. Applicable for discharges to SB and SC waters only In SB and SC waters, the requirement for a fecal coliform sample is not required. There shall be no discharge of floating solids or foam visible in other than trace amounts. Page 3 of 16 Pages General Permit NCG550000 Permit Conditions (Operation & Maintenance) 1) The tablet chlorinator and dechlorinator [if applicable] shall be inspected weekly to ensure there is an adequate supply of tablets for continuous & proper operation. The dechlorinator unit shall be labeled "dechlorination only". 2) Treatment systems shall be maintained at all times to prevent seepage of sewage to the surface of the ground. 3) Septic tanks and secondary tank (recirculating/pump tanks) shall be inspected at least yearly to deteiuume if solids must be removed or if other maintenance is necessary. Septic tanks shall be pumped out every five years or when the solids level is found to be more than 1/3 of the liquid depth in any compartment, whichever is greater. All tanks should be emptied of their contents whenever any of the tanks meet this requirement Effluent filters shall be inspected at least once a year, cleaned and reinstalled or replaced. Contents removed from septic tanks shall be disposed at a location and in a manner compliant with all local and state regulations. 4) All system components, including but not necessarily limited to, septic tanks, surface sand filters, other filter components, pump/recirculation tanks, controls and alarms, disinfection units, dechlorination apparatus, and the outfalls shall be maintained at all times and in good operating order. • 5) All monitoring data shall be retained onsite for a minimum of five years and available for inspection The permittee shall notify the Division upon receipt of a sampling or monitoring report indicating noncompliance with the permit. 6) A visual review of the outfall location shall be executed twice each year (one at the time of sampling) to ensure that no visible solids or other obvious evidence of system malfunctioning is observed. Any visible signs of a malfunctioning system shall be documented and steps taken to correct the problem. Transfer Coverage from Other Permits 7) Upon issuance of this general permit, all existing and acting certificates of coverage issued in conjunction with the NCG5700000 permits will be eligible for coverage under this permit. 8) Upon issuance of this general permit, all existing and active individual permits issued since June of 2010 for discharge of domestic wastewater from single family residences and other 100% domestic discharges with similar characteristics will be eligible for coverage under this permit. This peitnit does not affect the legal requirements to obtain other permits that may be required by the North Carolina Department of Natural Resources, or any other federal or local governmental permit. Page 4 of 16 Pages General Permit NCG550000 PART II STANDARD CONDITIONS FOR NPDES PERMITS Section A. Definitions 2/Month Samples are collected twice per month with at least ten calendar days between sampling events. These samples shall be representative of the wastewater discharged during the sample period 3/Week Samples are collected three times per week on three separate calendar days. These samples shall be representative of the wastewater discharged during the sample period. Act or "the Act" The Federal Water Pollution Control Act, also known as the Clean Water Act (CWA), as amended, 33 USC 1251, et. seq. Annual Average The a•thmetic mean of all "daily discharges" of a pollutant measured during the calendar year In the case of fecal coliform, the geometric mean of such discharges. Arithmetic Mean The summation of the individual values divided by the number of individual values. Bypass The known diversion of waste streams from any portion of a treatment facility including the collection system, which is not a designed or established or operating mode for the facility. Calendar Day The period from midnight of one day until midnight of the next day. However, for purposes of this permit, any consecutive 24-hour period that reasonably represents the calendar day may be used for sampling. Calendar Week The period from Sunday through the following Saturday. Calendar Quarter One of the following distinct periods: January through March, April through June, July through September, and October through December. Composite Sample A sample collected over a 24-hour period by continuous sampling or combining grab samples of at least 100 mL in such a manner as to result in a total sample representative of the wastewater discharge during the sample period. The Director may designate the most appropriate method (specific number and size of aliquots necessary, the time interval between grab samples, etc.) on a case -by -case basis Samples may be collected manually or automatically Composite samples may be obtained by the following methods: (1) Continuous: a single, continuous sample collected over a 24-hour period proportional to the rate of flow. (2) Constant time/variable volume. a series of grab samples collected at equal time intervals over a 24 hour period of discharge and combined proportional to the rate of flow measured at the time of individual sample collection, or Variable time/constant volume• a series of grab samples of equal volume collected over a 24 hour period with the time intervals between samples determined by a preset number of gallons passing the sampling point. Flow measurement between sample intervals shall be determined by use of a flow recorder and totalizer, and the preset gallon interval between sample collection fixed at no greater than 1/24 of the expected total daily flow at the treatment system or (4) Constant time/constant volume: a series of grab samples of equal volume collected over a 24-hour period at a constant time interval. Use of this method requires prior approval by the Director. This method may only be used in situations where effluent flow rates vary less than 15 percent. The following restrictions also apply: ➢ Influent and effluent grab samples shall be of equal size and of no less than 100 milliliters ➢ Influent samples shall not be collected more than once per hour. (3) Page 5 of 16 Pages General Permit NCG550000 ➢ Permittees with wastewater treatment systems whose detention time < 24 hours shall collect effluent grab samples at intervals of no greater than 20 minutes apart during any 24-hour period. ➢ Permittees with wastewater treatment systems whose detention time exceeds 24 hours shall collect effluent grab samples at least every six hours there must be a minimum of four samples during a 24-hour sampling penod Continuous flow measurement Flow monitoring that occurs without interruption throughout the operating hours of the facility. Flow shall be monitored continually except for the infrequent times when there may be no flow or for infrequent maintenance activities on the flow device. Daily Discharge The discharge of a pollutant measured during a calendar day or any 24-hour period that reasonably represents the calendar day for purposes of sampling. For pollutants measured in units of mass, the "daily discharge' is calculated as the total mass of the pollutant discharged over the day. For pollutants expressed in other units of measurement, the daily discharge' is calculated as the average measurement of the pollutant over the day. (40 CFR 122.2; see also Composite Sample," above.) Daily Maximum The highest "daily discharge" during the calendar month. Daily Sampling Parameters requiring daily sampling shall be sampled 5 out of every 7 days per week unless otherwise specified in the permit. Sampling shall be conducted on weekdays except where holidays or other disruptions of normal operations prevent weekday sampling. If sampling is required for all seven days of the week for any permit parameter(s), that requirement will be so noted on the Effluent Limitations and Monitoring Page(s). DWQ or "the Division" The Division of Water Quality, Department of Environment and Natural Resources. Effluent Wastewater discharged following all treatment processes from a water pollution control facility or other point source whether treated or untreated. EMC The North Carolina Environmental Management Commission EPA The United States Environmental Protection Agency Facility Closure Cessation of all activities that require coverage under this NPDES permit. Completion of facility closure will allow this permit to be rescinded. Geometric Mean The Nth root of the product of the individual values where N = the number of individual values. For purposes of calculating the geometric mean, values of "0" (or "< [detection level]") shall be considered = 1. Grab Sample Individual samples of at least 100 mL collected over a period of time not exceeding 15 minutes. Grab samples can be collected manually. Grab samples must be representative of the discharge (or the receiving stream, for instream samples). Hazardous Substance Any substance designated under 40 CFR Part 116 pursuant to Section 311 of the CWA. Instantaneous flow measurement The flow measured during the minimum time required for the flow measuring device or method to produce a result in that instance. To the extent practical, instantaneous flow measurements coincide with the collection of any grab samples required for the same sampling period so that together the samples and flow aie representative of the discharge during that sampling period. Page 6 of 16 Pages General Permit NCG550000 Monthly Average (concentration limit) The arithmetic mean of all "daily discharges" of a pollutant measured during the calendar month. In the case of fecal coliform or other bacterial parameters or indicators, the geometric mean of such discharges. Permit Issuing Authority The Director of the Division of Water Quality. Quarterly Average (concentration limit) The arithmetic mean of all samples taken over a calendar quarter. Severe property damage Substantial physical damage to property, damage to the treatment facilities which causes them to become inoperable, or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass. Severe property damage excludes economic loss caused by delays in production. Toxic Pollutant Any pollutant listed as toxic under Section 307(a)(1) of the CWA. Upset An incident beyond the reasonable control of the Permittee causing unintentional and temporary noncompliance with permit effluent limitations and/or monitoring requirements. An upset does not include noncompliance caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance, or careless or improper operation. Weekly Average (concentration limit) The arithmetic mean of all "daily discharges" of a pollutant measured during the calendar week. In the case of fecal coliform or other bacterial parameters or indicators, the geometric mean of such discharges. Section B. General Conditions I. Duty to Comply The Permittee must comply with all conditions of this permit Any permit noncompliance constitutes a violation of the CWA and is grounds for enforcement action; for permit termination revocation and reissuance, or modification; or denial of a permit renewal application [40 CFR 122.41]. a The Permittee shall comply with effluent standards or prohibitions established under section 307(a) of the CWA for toxic pollutants and with standards for sewage sludge use or disposal established under section 405(d) of the CWA within the time provided in the regulations that establish these standards or prohibitions or standards for sewage sludge use or disposal, even if the permit has not yet been modified to incorporate the requirement. b. The CWA provides that any person who violates section[s] 301, 302, 306, 307, 308, 318 or 405 of the Act, or any permit condition or limitation implementing any such sections in a permit issued under section 402, or any requirement imposed in a pretreatment program approved under sections 402(a)(3) or 402(b)(8) of the Act, is subject to a civil penalty not to exceed $37,500 per day for each violation. [33 USC 1319(d) and 40 CFR 122.41(a)(2)] c. The CWA provides that any person who negligently violates sections 301, 302, 306, 307, 308, 318, or 405 of the Act, or any condition or limitation implementing any of such sections in a permit issued under section 402 of the Act, or any requirement imposed in a pretreatment program approved under section 402(a)(3) or 402(b)(8) of the Act, is subject to criminal penalties of $2,500 to $25 000 per day of violation, or imprisonment of not more than 1 year, or both. In the case of a second or subsequent conviction for a negligent violation, a person shall be subject to criminal penalties of not more than $50,000 per day of violation, or by imprisonment of not more than 2 years, or both. [33 USC 1319(c)(1) and 40 CFR 122.41(a)(2)] d. Any person who knowingly violates such sections, or such conditions or limitations is subject to criminal penalties of $5,000 to $50,000 per day of violation, or imprisonment for not more than 3 years or both. In the case of a second or subsequent conviction for a knowing violation, a person shall be subject to criminal penalties of not more than $100,000 per day of violation, or imprisonment of not more than 6 years, or both. [33 USC 1319(c)(2) and 40 CFR 122.41(a)(2)] e. Any person who knowingly violates section 301, 302, 303, 306, 307, 308, 318 or 405 of the Act, or any permit condition or limitation implementing any of such sections in a permit issued under section 402 of the Act, and Page 7 of 16 Pages General Permit NCG550000 who knows at that time that he thereby places another person in imminent danger of death or serious bodily injury, shall, upon conviction, be subject to a fine of not more than $250,000 or imprisonment of not more than 15 years or both. In the case of a second or subsequent conviction for a knowing endangerment violation, a person shall be subject to a fine of not more than $500 000 or by imprisonment of not more than 30 years, or both. An organization, as defined in section 309(c)(3)(B)(iii) of the CWA, shall, upon conviction of violating the imminent danger provision, be subject to a fine of not more than $1,000,000 and can be fined up to $2,000,000 for second or subsequent convictions. [40 CFR 122.41(a)(2)] f. Under state law, a civil penalty of not more than $25,000 per violation may be assessed against any person who violates or fails to act in accordance with the terms, conditions, or requirements of a permit. [North Carolina General Statutes § 143-215 6A] g. Any person may be assessed an administrative penalty by the Administrator for violating section 301, 302, 306, 307, 308, 318 or 405 of this Act, or any permit condition or limitation implementing any of such sections in a permit issued under section 402 of this Act. Administrative penalties for Class I violations are not to exceed $16,000 per violation, with the maximum amount of any Class I penalty assessed not to exceed $37,500. Penalties for Class II violations are not to exceed $16,000 per day for each day during which the violation continues, with the maximum amount of any Class II penalty not to exceed $177,500. [33 USC 1319(g)(2) and 40 CFR 122.41(a)(3)] 2. Duty to Mitigate The Permittee shall take all reasonable steps to minimize or prevent any discharge or sludge use or disposal in violation of this permit with a reasonable likelihood of adversely affecting human health or the environment [40 CFR 122.41(d)]. 3. Civil and Criminal Liability Except as provided in permit conditions on "Bypassing" (Part II C 4), "Upsets" (Part II.C.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. 7. Severability The pi ovisions of this permit are severable. If any provision of this permit, or the application of any provision of this permit to any circumstances, is held invalid, the application of such provision to other circumstances, and the remainder of this permit, shall not be affected thereby [NCGS 150B-23] 8. Duty to Provide Information The Permittee shall furnish to the Permit Issuing Authority, within a reasonable time, any information which the Permit Issuing Authority may request to determine whether cause exists for modifying, revoking and reissuing, or terminating this permit or to determine compliance with this permit. The Permittee shall also furnish to the Permit Issuing Authority upon request copies of records required by this permit [40 CFR 122 41(h)] 9. Signatory Requirements All applications, reports, or information submitted to the Permit Issuing Authority shall be signed and certified [40 CFR 122.41(k)]. Page 8 of 16 Pages General Permit NCG550000 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] c. Changes to authorization: If an authorization under paragraph (b) of this section is no longer accurate because a different individual or position has responsibility for the overall operation of the facility, a new authorization satisfying the requirements of paragraph (b) of this section must be submitted to the Director prior to or together with any reports, information, or applications to be signed by an authorized representative [40 CFR 122.22] d. Certification Any person signing a document under paragraphs a or b. of this section shall make the following certification [40 CFR 122.22]. NO OTHER STATEMENTS OF CERTIFICATION WILL BE ACCEPTED: "1 certifit, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility offines and imprisonment for knowing violations." 10. Permit Actions This permit may be modified, revoked and reissued, or terminated for cause. The filing of a request by the Permittee for a permit modification, revocation and reissuance, or termination, or a notification of planned changes or anticipated noncompliance does not stay any permit condition [40 CFR 122.41(f)]. 11. Permit Modification, Revocation and Reissuance or Termination The issuance of this permit does not prohibit the permit issuing authority from reopening and modifying the permit, revoking and reissuing the permit, or terminating the permit as allowed by the laws rules, and regulations contained in Title 40, Code of Federal Regulations, Parts 122 and 123; Title 15A of the North Carolina Administrative Code, Subchapter 02H .0100, and North Carolina General Statute 143.215.1 et. al. 12. Annual Administering and Compliance Monitoring Fee Requirements The Permittee must pay the annual administering and comphance monitoring fee within thirty days after being billed by the Division. Failure to pay the fee in a timely manner in accordance with 15A NCAC 02H .0105(b)(2) may cause this Division to initiate action to revoke the permit. Page 9 of 16 Pages General Permit NCG550000 Section C. Operation and Maintenance of Pollution Controls 1. Certified Operator For purposes of this permit, this requirement does not apply until the permittee receives a letter from the Division notifying them of classification of the facility Owners of classified water pollution control systems must designate operators, certified by the Water Pollution Control System Operators Certification Commission (WPCSOCC), of the appropriate type and grade for the system and for each classification must [T15A NCAC 08G 0201]: a. designate one Operator In Responsible Charge (ORC) who possesses a valid certificate of the type and grade at least equivalent to the type and grade of the system, b. designate one or more Back-up Operator(s) in Responsible Charge (Back-up ORCs) who possesses a valid certificate of the type of the system and no more than one grade less than the grade of the system, with the exception of no backup operator in responsible charge is required for systems whose minimum visitation requirements are twice per year; and c. submit a signed completed ' Water Pollution Control System Operator Designation Form" to the Commission (or to the local health department for owners of subsurface systems) countersigned by the designated certified operators, designating the Operator in Responsible Charge (ORC) and the Back-up Operator in Responsible Charge (Back-up ORC): (1) 60 calendar days prior to wastewater or residuals being introduced into a new system, or (2) within 120 calendar days following ➢ receiving notification of a change in the classification of the system requiring the designation of a new Operator in Responsible Charge (ORC) and Back-up Operator in Responsible Charge (Back-up ORC) of the proper type and grade; or ➢ a vacancy in the position of Operator in Responsible Charge (ORC) or Back-up Operator in Responsible Charge (Back-up ORC). within seven calendar days of vacancies in both ORC and Back-up ORC positions replacing or designating at least one of the responsibilities (3) The ORC of each Class I facility (or the Back-up ORC, when acting as surrogate for the ORC) must. ➢ Visit the facility as often as is necessary to insure proper operation of the treatment system; the treatment facility must be visited at least weekly ➢ Comply with all other conditions of 15A NCAC 08G .0204. 2. Proper Operation and Maintenance The Permittee shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) which are installed or used by the Permittee to achieve compliance with the conditions of this permit Proper operation and maintenance also includes adequate laboratory controls and appropriate quality assurance procedures This provision requires the Permittee to install and operate backup or auxiliary facilities only when necessary to achieve compliance with the conditions of the permit [40 CFR 122.41(e)]. NOTE: Properly and officially designated operators are fully responsible for all proper operation and maintenance of the facility, and all documentation required thereof, whether acting as a contract operator [subcontractor] or a member of the Permittee's staff. 3. Need to Halt or Reduce not a Defense It shall not be a defense for a Permittee in an enforcement action that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the condition of this permit [40 CFR 122.41(c)]. 4. Bypassing of Treatment Facilities a. Bypass not exceeding limitations [40 CFR 122.41(m)(2)] Page 10 of 16 Pages General Permit NCG550000 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 noncompliance was caused by upset, and before an action for noncompliance, is final administrative action subject to judicial review. b. Conditions necessary for a demonstration of upset: Any Permittee who wishes to establish the affirmative defense of upset shall demonstrate, through properly signed, contemporaneous operating logs, or other relevant evidence that: (1) An upset occurred and that the Permittee can identify the cause(s) of the upset; (2) The Permittee facility was at the time being properly operated; and (3) The Permittee submitted notice of the upset as required in Part II.E.6.(b) of this permit. (4) The Permittee complied with any remedial measures required under Part II B 2 of this permit. c. Burden of proof [40 CFR 122.41(n)(4)] The Permittee seeking to establish the occurrence of an upset has the burden of proof in any enforcement proceeding. 6. Removed Substances Solids, sludges filter backwash, or other pollutants removed in the course of treatment or control of wastewaters shall be utilized/disposed of in accordance with NCGS 143-215 1 and in a manner such as to prevent any pollutant from such materials from entering waters of the State or navigable waters of the United States except as permitted by the Commission. The Permittee shall comply with all applicable state and Federal regulations governing the disposal of sewage sludge, including 40 CFR 503, Standards for the Use and Disposal of Sewage Sludge; 40 CFR Part 258, Criteria For Municipal Solid Waste Landfills; and 15A NCAC Subchapter 2T, Waste Not Discharged To Surface Waters. The Permittee shall notify the Permit Issuing Authority of any significant change in its sludge use or disposal practices. Page 11 of 16 Pages General Permit NCG550000 Power Failures The Permittee is responsible for maintaining adequate safeguards (as required by 15A NCAC 02H .0124) to prevent the discharge of untreated or inadequately treated wastes during electrical power failures either by means of alternate power sources, standby generators or retention of inadequately treated effluent. Section D. Monitoring and Records 1. Representative Sampling Samples collected and measurements taken, as required herein, shall be representative of the permitted discharge. Samples collected at a frequency less than daily shall be taken on a day and time that is representative of the discharge for the period the sample represents All samples shall be taken at the monitoring points specified in this permit and, unless otherwise specified, before the effluent joins or is diluted by any other wastestream, body of water, or substance. Monitoring points shall not be changed without notification to and the approval of the Permit Issuing Authority [40 CFR 122.41(j)]. 2. Reporting Monitoring results obtained during the previous month(s) shall be summarized for each month and reported on a monthly Discharge Monitoring Report (DMR) Form (MR 1, 1 1, 2, 3) or alternative forms approved by the Director, postmarked no later than the last calendar day of the month following the completed reporting period. The first DMR is due on the last day of the month following the issuance of the permit or in the case of a new facility, on the last day of the month following the commencement of discharge. Duplicate signed copies of these, and all other reports required herein, shall be submitted to the following address: NC DENR / Division of Water Quality / Surface Water Protection Section ATTENTION: Central Files 1617 Mail Service Center Raleigh, North Carolina 27699-1617 3. Flow Measurements Appropriate flow measurement devices and methods consistent with accepted scientific practices shall be selected and used to ensure the accuracy and reliability of measurements of the volume of monitored discharges The devices shall be installed, calibrated and maintained to ensure that the accuracy of the measurements is consistent with the accepted capability of that type of device. Devices selected shall be capable of measuring flows with a maximum deviation of less than 10% from the true discharge rates throughout the range of expected discharge volumes. Flow measurement devices shall be accurately calibrated at a minimum of once per year and maintained to ensure that the accuracy of the measurements is consistent with the accepted capability of that type of device. The Director shall approve the flow measurement device and monitoring location prior to installation. Once -through condenser cooling water flow monitored by pump logs, or pump hour meters as specified in Part I of this permit and based on the manufacturer's pump curves shall not be subject to this requirement. 4. Test Procedures Labo •atories used for sample analysis must be certified by the Division. Permittees should contact the Division's Laboratory Certification Section (919 733-3908 or http://portal.ncdenr.org/web/wq/lab/cert) for information regarding laboratory certifications. Facilities whose personnel are conducting testing of field -certified parameters only must hold the appropriate field parameter laboratory certifications. Test procedures for the analysis of pollutants shall conform to the EMC regulations (published pursuant to NCGS 143-215.63 et. seq.), the Water and Air Quality Reporting Acts and to regulations published pursuant to Section 304(g), 33 USC 1314, of the CWA (as amended), and 40 CFR 136; or in the case of sludge use or disposal, approved under 40 CFR 136, unless otherwise specified in 40 CFR 503, unless other test procedures have been specified in this permit [40 CFR 122.41]. To meet the intent of the monitoring required by this permit, all test procedures must produce minimum detection and reporting levels that are below the permit discharge requirements and all data generated must be reported down to the minimum detection or lower reporting level of the procedure. If no approved methods are determined capable of achieving minimum detection and reporting levels below permit discharge requirements, then the most sensitive (method with the lowest possible detection and reporting level) approved method must be used Page 12 of 16 Pages General Permit NCG550000 5. Penalties for Tampering The CWA provides that any person who falsifies, tampers with, or knowingly renders inaccurate, any monitoring device or method requited to be maintained under this permit shall, upon conviction, be punished by a fine of not more than $10,000 per violation, or by imprisonment for not more than two years per violation, or by both. If a conviction of a person is for a violation committed after a first conviction of such person under this paragraph, punishment is a fine of not more than $20,000 per day of violation, or by imprisonment of not more than 4 years, or both [40 CFR 122.41]. 6. Records Retention Except for records of monitoring information required by this permit related to the Permittee's sewage sludge use and disposal activities, which shall be retained for a period of at least five years (or longer as required by 40 CFR 503), the Permittee shall retain records of all monitoring information, including: ➢ all calibration and maintenance records ➢ all original strip chart recordings for continuous monitoring instrumentation ➢ copies of all reports required by this permit ➢ copies of all data used to complete the application for this permit These records or copies shall be maintained for a period of at least 3 years from the date of the sample, measurement, report or application. This period may be extended by request of the Director at any time [40 CFR 122.41]. 7. Record ng Results For each measurement or sample taken pursuant to the requirements of this permit, the Permittee shall record the following information [40 CFR 122.41]: a. The date, exact place, and time of sampling or measurements; b. The individual(s) who performed the sampling or measurements; c. The date(s) analyses were performed; d. The individual(s) who performed the analyses; e. The analytical techniques or methods used, and f. The results of such analyses. 8. Inspection and Entry The Permittee shall allow the Director, or an authorized representative (including an authorized contractor acting as a representative of the Director), upon the presentation of credentials and other documents as may be required by law, to; a. Enter, at reasonable times, upon the Permittee's premises where a regulated facility or activity is located or conducted, or where records must be kept under the conditions of this permit; b. Have access to and copy, at reasonable times, any records that must be kept under the conditions of this permit; c. Inspect at reasonable times any facilities, equipment (including monitoring and control equipment), practices, or operations regulated or requited under this permit; and d Sample or monitor at reasonable times, for the purposes of assuring permit compliance or as otherwise authorized by the CWA, any substances or parameters at any location [40 CFR 122.41(i)]. Section E Reporting Requirements I. 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 Directoi 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 Page 13 of 16 Pages General Permit NCG550000 b. The alteration or addition could significantly change the nature or increase the quantity of pollutants discharged. This notification applies to pollutants subject neither to effluent limitations in the permit, nor to notification requirements under 40 CFR 122.42(a)(1); or c. The alteration or addition results in a significant change in the Permittee's sludge use or disposal practices, and such alteration, addition or change may justify the application of permit conditions that are different from or absent in the existing permit, including notification of additional use or disposal sites not reported during the permit application process or not reported pursuant to an approved land application plan 3. Anticipated Noncompliance The Permittee shall give advance notice to the Director of any planned changes to the permitted facility or other activities that might result in noncompliance with the permit [40 CFR 122.41(1)(2)] 4. Transfers This permit is not transferable to any person without prior written notice to and approval from the Director in accordance with 40 CFR 122.61. The Director may condition approval in accordance with NCGS 143-215 1, in particular NCGS 143-215 1(b)(4)b.2., and may require modification or revocation and reissuance of the permit, or a minor modification, to identify the new permittee and incorporate such other requirements as may be necessary under the CWA [40 CFR 122.41(1)(3), 122.61] or state statute. 5. Monitoring Reports Monitoring results shall be reported at the intervals specified elsewhere in this permit [40 CFR 122.41(1)(4)]. a. Monitoring results must be reported on a Discharge Monitoring Report (DMR) (See Part II D 2) or forms provided by the Director for reporting results of monitoring of sludge use or disposal practices. b If the Permittee monitors any pollutant more frequently than required by this permit using test procedures approved under 40 CFR Part 136 and at a sampling location specified in this permit or other appropriate instrument governing the discharge the results of such monitoring shall be included in the calculation and reporting of the data submitted on the DMR. 6. Twenty-four Hour Reporting a. The Permittee shall report to the Director or the appropriate Regional Office any noncompliance that potentially threatens public health or the environment Any information shall be provided orally within 24 hours from the time the Permittee became aware of the circumstances. A written submission shall also be provided within 5 days of the time the Permittee becomes aware of the circumstances The written submission shall contain a description of the noncompliance, and its cause; the period of noncompliance, including exact dates and times and if the noncompliance has not been corrected, the anticipated time it is expected to continue and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance [40 CFR 122.41(1)(6)]. b. The Director may waive the written report on a case -by -case basis for reports under this section if the oral report has been received within 24 hours. c. Occurrences outside normal business hours may also be reported to the Division's Emergency Response personnel at (800) 662-7956, (800) 858-0368 or (919) 733-3300 7. Other Noncompliance The Permittee shall report all instances of noncompliance not reported under Part II.E.5 and 6 of this permit at the time monitoring reports are submitted. The reports shall contain the information listed in Part ILE 6. of this permit [40 CFR 122.41(1)(7)]. 8. Other Infoimation Where the Permittee becomes aware that it failed to submit any relevant facts in a permit application, or submitted incorrect information in a permit application or in any report to the Director it shall promptly submit such facts or information [40 CFR 122.41(1)(8)]. Page 14 of 16 Pages General Permit NCG550000 9. Noncompliance Notification The Permittee shall report by telephone to either the central office or the appropriate regional office of the Division as soon as possible but in no case more than 24 hours or on the next working day following the occurrence or first knowledge of the occurrence of any of the following: a. Any occurrence at the water pollution control facility which results in the discharge of significant amounts of wastes which are abnormal in quantity or characteristic, such as the dumping of the contents of a sludge digester the known passage of a slug of hazardous substance through the facility or any other unusual circumstances. b. Any process unit failure, due to known or unknown reasons, that render the facility incapable of adequate wastewater treatment such as mechanical or electrical failures of pumps, aerators, compressors etc. c. Any failure of a pumping station, sewer line, or treatment facility resulting in a by-pass without treatment of all or any portion. of the influent to such station or facility Persons reporting such occurrences by telephone shall also file a written report within 5 days following first knowledge of the occurrence. Also see reporting requirements for municipalities in Part IV.C.2.c. of this permit. 10. Availability of Reports Except for data determined to be confidential under NCGS 143-215.3 (a)(2) or Section 308 of the Federal Act, 33 USC 1318, all reports prepared in accordance with the terms shall be available for public inspection at the offices of the Division. As required by the Act, effluent data shall not be considered confidential. Knowingly making any false statement on any such report may result in the imposition of criminal penalties as provided for in NCGS 143- 215.1(b)(2) or in Section 309 of the Federal Act. 11. Penalties for Falsification of Reports The CWA provides that any person who knowingly makes any false statement, representation, or certification in any record or other document submitted or required to be maintained under this permit, including monitoring reports or reports of compliance or noncompliance shall, upon conviction, be punished by a fine of not more than $25,000 per violation, or by imprisonment for not more than two years per violation, or by both [40 CFR 122 41]. Page 15 of 16 Pages General Permit NCG550000 PART III OTHER REQUIREMENTS Section A. Construction a. The Permittee shall not commence construction of wastewater treatment facilities, nor add to the plant's treatment capacity, nor change the treatment process(es) utilized at the treatment plant unless (1) the Division has issued an Authorization to Construct (AtC) permit or (2) the Permittee is exempted from such AtC permit requirements under Item b of this Section. b. In accordance with NCGS 143-215.1(a5) [SL 2011-394], no permit shall be required to enter into a contract for the construction, installation, or alteration of any treatment work or disposal system or to construct, install or alter any treatment works or disposal system within the State when the system's or work's principle function is to conduct, treat, equalize neutralize, stabilize, recycle, or dispose of industrial waste or sewage from an industrial facility and the discharge of the industrial waste or sewage is authorized under a permit issued for the discharge of the industrial waste or sewage into the waters of the State. Notwithstanding the above, the permit issued for the discharge may be modified if required by federal regulation. c. Issuance of an AtC will not occur until Final Plans and Specifications for the proposed construction have been submitted by the Permittee and approved by the Division Section B. Groundwater Monitoring The Permittee shall, upon written notice from the Director, conduct groundwater monitoring as may be required to determine the compliance of this NPDES permitted facility with the current groundwater standards. Section C. Changes in Discharges of Toxic Substances The Permittee shall notify the Permit Issuing Authority as soon as it knows or has reason to believe (40 CFR 122.42): a. That any activity has occurred or will occur which would result in the discharge, on a routine or frequent basis, of any toxic pollutant which is not limited in the permit, if that discharge will exceed the highest of the following "notification levels"; (1) One hundred micrograms per liter (100 µg/L); (2) Two hundred micrograms per liter (200 µg/L) for acrolein and acrylonitrile; five hundred micrograms per liter (500 µg/L) for 2,4-dinitrophenol and for 2-methy1-4,6-dinitrophenol; and one milligram per liter (1 mg/L) for antimony; (3) Five times the maximum concentration value reported for that pollutant in the permit application. b. That any activity has occurred or will occur which would result in any discharge on a non -routine or infrequent basis, of a toxic pollutant which is not limited in the permit, if that discharge will exceed the highest of the following ' notification levels"; (1) Five hundred micrograms per liter (500 µg/L); (2) One milligram per liter (1 mg/L) for antimony; (3) Ten times the maximum concentration value reported for that pollutant in the permit application. Section D. Facility Closure Requirements The Permittee must notify the Division at least 90 days prior to the closure of any wastewater treatment system covered by this permit The Division may require specific measures during deactivation of the system to prevent adverse impacts to waters of the State. This permit cannot be rescinded while any activities requiring this permit continue at the permitted facility. Page 16 of 16 Pages MACON COUNTY PUBLIC HEALTH ENVIRONMENTAL HEALTH SECTION _1830 Lakeside Drive, Franklin, NC 28734 Phone (828) 349-2490 FAX (828) 349-4136 5/3/2017 Re: Application for Construction Authorization for Marcie Cramer Parcel ID #6544445697 Application # 043917-S Dear Marcie Cramer: The Macon County Health Department, Environmental Health Division on 5/3/2017 evaluated the above -referenced property at the site designated on the plat/site plan that accompanied your improvement permit application. According to your application the site is to serve a the Existing 2 BR with a design wastewater flow of 240 gpd gallons per day. The evaluation was done in accordance with the Taws and rules governing wastewater systems in North Carolina General Statute 130A-333 including related statutes and Title 15A, Subchapter 18A, of the North Carolina Administrative Code, Rule .1900 and related rules. Based on the criteria set out in Title 15A, Subchapter 18A, of the North Carolina Administrative Code, Rules .1940 through .1948, the evaluation indicated that the site is UNSUITABLE for a ground absorption sewage system. Therefore, your request for an improvement permit is DENIED. A copy of the site evaluation is enclosed. The site is unsuitable based on the following: u Unsuitable soil topography and/or landscape position (Rule .1940) ® Unsuitable soil characteristics (structure or clay mineralogy) (Rule .1941) ® Unsuitable soil wetness condition (Rule .1942) ® Unsuitable soil depth (Rule .1943) E Presence of restrictive horizon (Rule .1944) ❑ Insufficient space for septic system and repair area (Rule .1945) ❑ Unsuitable for meeting required setbacks (Rule .1950) ❑ Other (Rule .1946) Specify - These severe soil or site limitations could cause premature system failure, leading to the discharge of untreated sewage on the ground surface, into surface waters, directly to ground water or inside your structure The site evaluation included consideration of possible site modifications, and modified, innovative or alternative systems. However, the Health Departrnent has determined that none of the above options will overcome the severe conditions on this site. A possible option might be a system designed to dispose of sewage to another area of suitable soil or off -site to additional property. For the reasons set out above, the property is currently classified UNSUITABLE, and no improvement permit shall be issued for site in accordance with Rule .1948(c). However, the site classified as UNSUITABLE may be classified as PROVISIONALLY SUITABLE if written documentation is provided that meets the requirements of Rule .1948(d). A copy of this rule is enclosed. You may hire a consultant to assist you if you wish to try to develop a plan under which your site could be reclassified as PROVISIONALLY SUITABLE. You have a right to a formal appeal of this decision. To pursue a formal appeal, you must file a petition for a contested case hearing with the Office of Administrative Hearings, 6714 Mail Center, Raleigh, N.C. 27699-6714. To get a copy of the.petition form, you may write the Office of Administrative Hearings or call the office at (919) 431-3000 or from the OAH web site at http://www:ncoah.com/forms.html. The petition for a contested case hearing must be filed in accordance with the provision of North Carolina General Statutes 130A-24 and 150E-23 and all other applicable provisions of Chapter 150B. N.C. General Statute 130A-335 (g) provides that your hearing would be held in the county where your property is located. Please note: If you wish to pursue a formal appeal, you must file the petition form with the Office of Administrative Hearings WITHIN 30 DAYS OF THE DATE OF THIS LETTER. The date of this letter is 5/3/2017. Meeting the 30 day deadline is critical to your right to a formal appeal. Beginning a formal appeal within 30 days will not interfere with any informal review that you might request. Do not wait for the outcome of any informal review if you wish to file a formal appeal. If you file a petition for a contested case hearing with the Office of Administrative Hearings, you are required by law (N.C. General Statute 150E-23) to send a copy of your petition to the North Carolina Department of Health and Human Services. Send the copy to: Office of General Counsel, N.C. Department of Health and Human Services, 2001 Mail Service Center, Raleigh, N.C. 27699-1601. Do NOT send the copy of the to your local health department. Sending a copy of your petition to the local health department will not satisfy the legal requirement in N.C. General Statute 150B-23 that you send a copy to the Office of General Counsel, NCDHHS. You may call or write the local health department if you need any additional information or assistance. Sincerely, Darrell McDaniels, REHSI 2552 Environmental Health Specialist Encl.: (Enclose copy of site evaluation) (Copy of Rule .1948) Macon County Public Health 1830 Lakeside Uric e I ranklin. NC 28734 828- 34)-2_-90 (Office) 828-349-4136 (Fax) Cert tied Ma11 (Return Receipt) NOTICE OF VIOLATION ON -SITE WASTEWATER SYSTEM 4rst Cass Mail Owner: Marcie Cramer Mailing Address: 117 Lonebranch Rd. Winter Park, FL 32792 Occupant: Marcie Cramer Location: 5026 Wavah Rd. Franklin, NC 28734 ® Residence ❑ Business ❑ Other Dear Marcie: Hand Denver You are hereby notified that you are violating the Rules adopted by the North Carolina Commission for Public Health or Article 11 of Chapter 130A of the General Statutes of North Carolina by owning or controlling a residence, place of business, or place of public assembly which is not provided with an approved wastewater system. Your wastewater system is not in compliance wlth applicable laws and rules. On 4127/2017 an inspection of the wastewater system by the Macon County Health Department indicated the following violations: Violation Must discharge all wastewater directly to an approved wastewater system. System shall be maintained to prevent a discharge of sewage or effluent to the surface waters or directly into groundwater at any time. A septic tank shall be watertight, structurally sound, and not subject to excessive corrosion or decay Law or Rule Citation 15A NCAC 18A .1937 (a) 15A NCAC 18A.1961 (a)(1)(A) 15A NCAC 18A .1952 (a) NCDNHS/DPH/EHS/OSWP Revised January 2016 Macon County Public Health Denial Documentaion Drawing ON -SITE WASTEWATER Applicant/Owner Marcie Cramer Log # 043917-S PDWW# N/A Location 5026 Wayah Road Directions Old murphy Rd> Wayah Rd> #5026 PID # 6544445697 ACREAGE 0.54 Design 240 Gallons Per Day Facility 2 BR House Permit Type Partial Repair Foundation Crawlspace Water Source Existing Shared Well / Off Site Ex iration See Conditions Permit Conditions This is not a Permit. For Denial Documentation only. Diagram (Not to Scale) See soil sheet for auger hole evaluations TO BE INSTALLED Type Soil Depth: (in) Slope: % LTAR: Saprolite: CONSTRUCTION TOTAL LENGTH # OF LINES MIN SPACING MAX DEPTH AUTHORIZATION on center " low side REPAIR Type WIDTH Area: (ft) DISTRIBUTION LTAR: SEPTIC TANK Saprolite: PUMP TANK The issuance of this permit by MCPH In no way guarantees the issuance of other permits. The permit holder Is responsible for checking with appropriate governing bodies in meeting their requirements. This permit is subject to revocation if the site plan, plat, site or intended use changes. This permit is subject to compliance with the provisions of the NC Laws and Rules for Sewage Treatment and Disposal and to the conditions of this permit. Construction and installation Rules NCAC .1950, .1952, .1954, .1955, .1956, .1957, .1958 and .1959 are incorporated by reference into this permit and shall be met. Ouestions? (8281349-2490 Issue Date: 5/3/2017 Darrell McDaniels, REHSI 2552 Authorized State Agent Laws and Rules for Sewage Treatment and Disposal Systems (15A NCAC 18A .1900) North Carolina Administrative Code 9/11/98 Rule .1948 SITE CLASSIFICATION (a) Sites classified as SUITABLE may be utilized for a ground absorption sewage treatment and disposal system consistent with these Rules. A suitable classification generally indicates soil and site conditions favorable for the operation of a ground absorption sewage treatment and disposal system or have slight limitations that are readily overcome by proper design and installation. (b) Sites classified as PROVISIONALLY SUITABLE may be utilized for a ground absorption sewage treatment and disposal system consistent with these Rules but have moderate limitations. Sites classified Provisionally Suitable require some modifications and careful planning, design, and installation in order for a ground absorption sewage treatment and disposal system to function satisfactorily. (c) Sites classified UNSUITABLE have severe limitations for the installation and use of a properly functioning ground absorption sewage treatment and disposal system. An improvement permit shall not be issued for a site which is classified as UNSUITABLE. However, where a site is UNSUITABLE, it may be reclassified PROVISIONALLY SUITABLE if a special investigation indicates that a modified or alternative system can be installed in accordance with Rules .1956 or .1957 of this Section. (d) A site classified as UNSUITABLE may be used for a ground absorption sewage treatment and disposal system specifically identified in Rules .1955, .1956, .1957 of this Section or a system approved under Rule .1969 if written documentation, including engineering, hydrogeologic, geologic, or soil studies, indicates to the local health department that the proposed system can be expected to function satisfactorily. Such sites shall be reclassified as PROVISIONALLY SUITABLE if the local health department determines that the substantiating data indicate that: (1) a ground absorption system can be installed so that the effluent will be non- pathogenic, non-infectious, non -toxic, and non -hazardous; (2) the effluent will not contaminate groundwater or surface water; and (3) the effluent will not be exposed on the ground surface or be discharged to surface waters where it could come in contact with people, animals, or vectors. The State shall review the substantiating data if requested by the local health department. History Note: Authority G.S. 130A-335(e); Eff July 1, 1982 Amended Eff. April 1, 1993; January 1, 1990 On-siteSewageLetters.DenialEnclosure-Rule.1948.12-99 Macon County Public Health Center 1830 Lakeside Drive Franklin, North Carolina 28734 Phone: (828) 349-2489/349-2490 Fax: (828) 349-4136 Macon County Public Health 1830 Lakeside [)rive Franklin. NC 28734 828-349-2490 (Office) 818-349-4136 1 Fav You are hereby ordered to bring your wastewater system into compliance by completing the following: ® Install/repair wastewater system. You must obtain a repair permit from the local health department prior to repairing your system ❑ Eliminate wastewater discharge and connect to an approved wastewater system. ❑ Other Repairs (Specify) ❑ Perform Maintenance (Specify) If the wastewater violation is not brought into compliance by 5/29/2017 appropriate legal action will be taken. Failure to comply with the laws, rules and this notice will subject you to the following legal remedies, including but not limited to: Injunction Relief [G.S. 130A-18], Administrative Penalties [G.S. 130-22(c)], Suspension or Revocation of Permits [G.S. 130-23], and Criminal Penalties [G.S. 130-25]. You also have a right to a formal appeal of this decision. To pursue a formal appeal, you must file a petition for a contested case hearing with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27699-6700. To get a copy of a petition form, you may write the Office of Administrative Hearings or call the office at (919) 431-3000 or download it from the OAH web site at httpj/www.ncoah.com/forms.html . The petition for a contested case hearing must be filed in accordance with the provision of North Carolina General Statutes 130A-24 and 150E-23 and all other applicable provisions of Chapter 150B. N.C. General Statute 130A-335 (g) provides that your hearing would be held in the county where your property is located. You may contact our office at (828)349-2490 (phone) or (828)349-4136 (fax). Notice Issued 4/27/2017 Signed Compliance Date Darrell McDaniels, REHSI 2552 Date Signed NCDHHS/DPH/EHS/OSWP Revised January 2016 EPA United States Environmental Protection Agency Washington, D.C. 20460 Water Compliance Inspection Report Form Approved. OMB No. 2040-0057 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 N 52 NCG551741 17/06/23 R S31112171819 20 21 66 Inspection Work Days Facility Self-Monitoring Evaluation Rating B1 QA ----------------------Reserved------------------- N67707172 73 74 75 80 Section B: Facility Data Name and Location of Facility Inspected (For Industrial Users discharging to POTW, also include POTW name and NPDES permit Number) 5026 Wayah Road 5026 Wayah Rd Franklin NC 28734 Entry Time/Date Permit Effective Date Exit Time/Date Permit Expiration Date 10:20AM 17/06/23 Name(s) of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) /// Other Facility Data 12:00PM 17/06/23 Name, Address of Responsible Official/Title/Phone and Fax Number Marcie Cramer,117 Longbranch Rd Winter Park FL 32792//407-657-8555/Contacted No Section C: Areas Evaluated During Inspection (Check only those areas evaluated) Permit Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary) (See attachment summary) Name(s) and Signature(s) of Inspector(s)Agency/Office/Phone and Fax Numbers Date Timothy H Heim ARO WQ//828-296-4665/ Mikal Willmer ARO WQ//828-296-4686/ Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date EPA Form 3560-3 (Rev 9-94) Previous editions are obsolete. Page#1 NPDES yr/mo/day 17/06/23 Inspection Type R3111218 1 Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary) Mikal Willmer and Tim Heim with the Asheville Regional Office conducted a Reconnaissance Inspection of the property located at 5026 Wayah Rd in Macon County. This inspection was conducted to gather additional information about site suitability for a potential issuance of a General NPDES discharge permit through the North Carolina Division of Water Resources. Marcie Cramer (owner), David Smith (Consulting Engineer), Karen Wallace (NC DHHS), Kyle Jennings and Jonathan Fouts (Macon Environmental Health) and Hugh Shannon and Richard Ledford (Mountain Soils). Observations of the subject property, site history and receiving stream are as follows: March 2017: I (Mikal Willmer) initially spoke with Ms. Cramer at the end of March in regard to her interest in purchasing 5026 Wayah Rd and a part-time home. We discussed the potential issues with the current septic system. I provided Ms. Cramer with information about the permitting process through our division and informed her that even a repair denial from the health department did not guarantee an application with our Division would be approved. May 2017: I spoke with Ms. Cramer in May and she informed me they had purchased the property and were denied an improvement permit (increase bedroom size from two to three bedrooms). They were also issued a Notice to Repair the septic system at that time. I provided Ms. Cramer with the options she needed to explore before submitting an application to our Division, along with lists of Environmental Engineers and NC On-site Water Protection Branch's contact information. At the end of May Ms. Cramer began to explore a potential pump & haul (P&H) permit to use the property until a working septic system could be installed. June 2017: After verifying the Division's regulations in regards to temporary P&Hs, Tim Heim, informed Ms. Cramer we were unable to issue a P&H permit since she did not have a permitted system with DWR. The local health department and NC DHHS confirmed their regulations did not allow them to issue a permanent P&H permit unless an owner is denied all other wastewater disposal options. June 23, 2017: Tim Heim and I met with Ms. Cramer on-site to assess site conditions and have the health department go over their findings for the property. The septic tank was located within the 2nd bedroom of the home under a hatch in the floor. The local health department had no record or permit for this system (house was built in the 60's). The septic tank failed all leak tests and any wastewater generated from the home was more than likely making its way into Wayah Creek. The property is approximately half an acre and the home sits on the bank directly above the creek. The property has severe site restrictions (property line, right-of-way, well and creek setbacks). Wayah Creek is listed at a WS-III, B, Tr stream that flows into the town of Franklin's Water Supply. August 2017: Ms. Cramer was provided with the pump and haul application and regulations for her records. Tim Heim reiterated she could apply for a pump and haul permit, but it would only be considered if she were approved for coverage under a General NPDES permit. See staff report for ARO recommendations. NCG551741 17 (Cont.) Page#2 Permit:NCG551741 Inspection Date:06/23/2017 Owner - Facility: Inspection Type: 5026 Wayah Road Reconnaissance Permit Yes No NA NE (If the present permit expires in 6 months or less). Has the permittee submitted a new application? Is the facility as described in the permit? # Are there any special conditions for the permit? Is access to the plant site restricted to the general public? Is the inspector granted access to all areas for inspection? See summary for details of site-visit.Comment: Page#3 From:Willmer, Mikal To:"Kenda64@aol.com" Subject:Contact Information Date:Monday, May 22, 2017 4:40:00 PM Attachments:image001.png Hi Marcie, Below are the contact numbers we discussed. State Contacts Department of Environmental Quality Division of Water Resources NPDES Permitting Single Family Discharge Systems: Charles Weaver 919-807-6391 Single Family Wastewater Irrigation Non-Discharge Permitting: Ashley Kabat 919 807-6348 You can ask them about the permit writers process and any additional questions you may have. Our websites: Discharge: http://deq.nc.gov/about/divisions/water-resources/water-quality-permitting/npdes- wastewater/permitting-contacts Non-discharge: http://deq.nc.gov/about/divisions/water-resources/water-resources- permits/wastewater-branch/non-discharge-permitting State Contacts Department of Health and Human Services: Environmental Health On-Site Water Protection Regional Engineer On-Site Water: Trish Angoli 919-707-5878 (covers Macon County) Innovative Systems On-Site Water: Lorna Withrow 919-707-5879 You can ask On-site Water about Engineer Option Permits and Innovative/Alternative Systems. http://ehs.ncpublichealth.com/oswp/ Macon County Environmental Health I would recommend talking to the local health department again, if you have questions about a potential pump and haul. Mikal Willmer Environmental Specialist-Asheville Regional Office Water Quality Regional Operations Section NCDEQ-Division of Water Resources Office: 828-296-4686 Fax: 828-299-7043 Mikal.willmer@ncdenr.gov 2090 US Hwy. 70 Swannanoa, NC 28778 cid:image003.png@01D1AAB0.14A552C0 Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. 1 Armeni, Lauren E From:Willmer, Mikal Sent:Tuesday, August 22, 2017 1:34 PM To:'Shayna The Selfish Dog' Cc:Heim, Tim Subject:Pump & Haul Permit Attachments:P&H App.docx Hi Marcie,    Here is a copy of the pump and haul permit application. You can submit one of these to our office in Asheville if Raleigh  approves your request for coverage under the General NCG550000 NPDES Permit.     Information about P&H systems is located here: http://deq.nc.gov/about/divisions/water‐resources/water‐resources‐ permits/wastewater‐branch/collection‐systems/pump‐haul    Regards,    Mikal Willmer  Environmental Specialist‐Asheville Regional Office  Water Quality Regional Operations Section  NCDEQ‐Division of Water Resources    Office: 828‐296‐4686  Fax: 828‐299‐7043  Mikal.willmer@ncdenr.gov    2090 US Hwy. 70  Swannanoa, NC 28778        Email correspondence to and from this address is subject to the  North Carolina Public Records Law and may be disclosed to third parties.    1 Armeni, Lauren E From:Willmer, Mikal Sent:Monday, June 5, 2017 2:18 PM To:'Kenda64@aol.com' Subject:RE: Update Marcie,    Our Regional Engineer, Tim Heim, should be emailing you shortly. I would strongly encourage submitting the discharge  application to Raleigh before submitting a pump and haul application. Until we have something on file (an NPDES Permit  # or NPDES Application) we really do not have jurisdiction to issue a pump and haul, but we will clarify with our  supervisor when he returns.     Mikal Willmer  Environmental Specialist‐Asheville Regional Office  Water Quality Regional Operations Section  NCDEQ‐Division of Water Resources    Office: 828‐296‐4686  Fax: 828‐299‐7043  Mikal.willmer@ncdenr.gov    2090 US Hwy. 70  Swannanoa, NC 28778        Email correspondence to and from this address is subject to the  North Carolina Public Records Law and may be disclosed to third parties.    From: Kenda64@aol.com [mailto:Kenda64@aol.com]   Sent: Monday, June 05, 2017 1:01 PM  To: Willmer, Mikal <mikal.willmer@ncdenr.gov>  Subject: Re: Update  What is your opinion on if we go ahead and make the pump and haul application now and get that ball rolling? Of course we are unexcited about paying all of that but I am not seeing we have any choice if we want to live there. Thank you yet again! (just picture me bowing to you for each and every email you send me lol) Marcie S. Cramer, LMHC Licensed Clinical Psychotherapist Advanced Imago Clinician 2 President www.CenterForTheHealingArts.com Psychological Services Dogs, Inc. a 501(c)3 Rescuing dogs to rescue people (407) 657-8555 x1 An honorable relationship----- that is, one in which two people have the right to use the word "love" ---is a process, delicate, violent, often terrifying to both persons involved, a process of refining the truths they can tell each other. It is important to do this because it breaks down human self-delusion and isolation. It is important to do this because in so doing we do justice to our own complexity. It is important to do this because we can count on so few people to go that hard way with us. Adrienne Rich This transmission may contain information that is privileged, confidential, legally privileged, and/or exempt from disclosure under applicable law. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution, or use of the information contained herein (including any reliance thereon) is STRICTLY PROHIBITED. Although this transmission and any attachments are believed to be free of any virus or other defect that might affect any computer system into which it is received and opened, it is the responsibility of the recipient to ensure that it is virus free and no responsibility is accepted by Counseling Services of Central Florida, Inc. its subsidiaries and affiliates, as applicable, for any loss or damage arising in any way from its use. If you received this transmission in error, please immediately contact the sender and destroy the material in its entirety, whether in electronic or hard copy format. In a message dated 6/5/2017 11:04:01 A.M. Eastern Daylight Time, mikal.willmer@ncdenr.gov writes: Hi Marcie,    That would be great. At this point, in regards to the pump and haul, we are waiting on consensus from our  central office and department of Health and Human Services. Our Division usually only issues pump and  hauls for systems that have a permit with us. Once you meet with me, you can finalize and submit the single‐ family discharge application. When we are there, we can go over the different parts of the engineering  alternatives analysis to make sure you have covered all alternatives adequately before submittal. The  application for a discharge permit with us does not guarantee an application for a temporary pump and haul  will be approved (so you can use the property until a system is built), but it does make a record for you  within our system.     Additionally, some things to consider in regards to a pump and haul with our agency. A temporary pump and  haul requires the submittal of a pump and haul application with the associated fee (currently $810). A  separate tank with a minimum of a 24hr storage capacity and high water alarms would probably have to be  installed, as the current septic tank is not capable of holding wastewater.     As always, let me know if you have any additional questions.     Mikal Willmer  3 Environmental Specialist‐Asheville Regional Office  Water Quality Regional Operations Section  NCDEQ‐Division of Water Resources    Office: 828‐296‐4686  Fax: 828‐299‐7043  Mikal.willmer@ncdenr.gov    2090 US Hwy. 70  Swannanoa, NC 28778        Email correspondence to and from this address is subject to the  North Carolina Public Records Law and may be disclosed to third parties.    From: Kenda64@aol.com [mailto:Kenda64@aol.com]   Sent: Monday, June 05, 2017 10:24 AM  To: Willmer, Mikal <mikal.willmer@ncdenr.gov>  Subject: Re: Update  Would you like me to scan and email you the notice of violations? Marcie S. Cramer, LMHC Licensed Clinical Psychotherapist Advanced Imago Clinician President www.CenterForTheHealingArts.com Psychological Services Dogs, Inc. a 501(c)3 Rescuing dogs to rescue people (407) 657-8555 x1 4 An honorable relationship----- that is, one in which two people have the right to use the word "love" ---is a process, delicate, violent, often terrifying to both persons involved, a process of refining the truths they can tell each other. It is important to do this because it breaks down human self-delusion and isolation. It is important to do this because in so doing we do justice to our own complexity. It is important to do this because we can count on so few people to go that hard way with us. Adrienne Rich This transmission may contain information that is privileged, confidential, legally privileged, and/or exempt from disclosure under applicable law. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution, or use of the information contained herein (including any reliance thereon) is STRICTLY PROHIBITED. Although this transmission and any attachments are believed to be free of any virus or other defect that might affect any computer system into which it is received and opened, it is the responsibility of the recipient to ensure that it is virus free and no responsibility is accepted by Counseling Services of Central Florida, Inc. its subsidiaries and affiliates, as applicable, for any loss or damage arising in any way from its use. If you received this transmission in error, please immediately contact the sender and destroy the material in its entirety, whether in electronic or hard copy format. In a message dated 6/5/2017 7:08:21 A.M. Eastern Daylight Time, mikal.willmer@ncdenr.gov writes: Good Morning Marcie,    Meeting with us will assist in the application process. With a functioning septic system, homeowners  typically have the system pumped every three to five years by a licensed septage hauler (does not  require a permit). As I mentioned in a previous email, you can check with the Local Health  Department (LHD) and see if you can use the house until a new system is installed.     I am working away from the office today, but can be reached by email.    Regards,    Mikal Willmer  Environmental Specialist‐Asheville Regional Office  Water Quality Regional Operations Section  NCDEQ‐Division of Water Resources    Office: 828‐296‐4686  5 Fax: 828‐299‐7043  Mikal.willmer@ncdenr.gov    2090 US Hwy. 70  Swannanoa, NC 28778        Email correspondence to and from this address is subject to the  North Carolina Public Records Law and may be disclosed to third parties.    From: Kenda64@aol.com [mailto:Kenda64@aol.com]   Sent: Friday, June 02, 2017 11:24 AM  To: Willmer, Mikal <mikal.willmer@ncdenr.gov>  Subject: Re: Update  I'm so grateful you are not giving up on us having the pump and haul. Thank you for that! Is there anything we can do on our end to help make that happen? Warmly Marcie Marcie S. Cramer, LMHC Licensed Clinical Psychotherapist Advanced Imago Clinician President www.CenterForTheHealingArts.com Psychological Services Dogs, Inc. a 501(c)3 Rescuing dogs to rescue people (407) 657-8555 x1 An honorable relationship----- that is, one in which two people have the right to use the word "love" ---is a process, delicate, violent, often terrifying to both persons involved, a process of refining the truths they can tell each other. It is important to do this because it breaks down human self-delusion and isolation. It is important to do this because in so doing we do justice to 6 our own complexity. It is important to do this because we can count on so few people to go that hard way with us. Adrienne Rich This transmission may contain information that is privileged, confidential, legally privileged, and/or exempt from disclosure under applicable law. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution, or use of the information contained herein (including any reliance thereon) is STRICTLY PROHIBITED. Although this transmission and any attachments are believed to be free of any virus or other defect that might affect any computer system into which it is received and opened, it is the responsibility of the recipient to ensure that it is virus free and no responsibility is accepted by Counseling Services of Central Florida, Inc. its subsidiaries and affiliates, as applicable, for any loss or damage arising in any way from its use. If you received this transmission in error, please immediately contact the sender and destroy the material in its entirety, whether in electronic or hard copy format. In a message dated 6/2/2017 11:13:25 A.M. Eastern Daylight Time, mikal.willmer@ncdenr.gov writes: I’ll send an email to Kyle Jennings letting him know of our plans to be out there on the 23rd  and invite him to come so they can give us an overview of the current system and soils.     Mikal Willmer  Environmental Specialist‐Asheville Regional Office  Water Quality Regional Operations Section  NCDEQ‐Division of Water Resources    Office: 828‐296‐4686  Fax: 828‐299‐7043  Mikal.willmer@ncdenr.gov    2090 US Hwy. 70  Swannanoa, NC 28778    7     Email correspondence to and from this address is subject to the  North Carolina Public Records Law and may be disclosed to third parties.    From: Kenda64@aol.com [mailto:Kenda64@aol.com]   Sent: Friday, June 02, 2017 10:57 AM  To: Willmer, Mikal <mikal.willmer@ncdenr.gov>  Subject: Re: Update  11am is perfect, thank you! Should we also have the county there or should we just leave them out of it at this point? I am so frustrated they will not allow us the pump and haul on a temporary basis and at our great expense so we can enjoy our home. It is madness I tell you! lol Warmly Marcie Marcie S. Cramer, LMHC Licensed Clinical Psychotherapist Advanced Imago Clinician President www.CenterForTheHealingArts.com Psychological Services Dogs, Inc. a 501(c)3 Rescuing dogs to rescue people (407) 657-8555 x1 An honorable relationship----- that is, one in which two people have the right to use the word "love" ---is a process, delicate, violent, often terrifying to both persons involved, a process of refining the truths they can tell each other. It is important to do this because it breaks down human self-delusion and isolation. It is important to do this because in so doing we do justice to our own complexity. It is important to do this because we can count on so few people to go that hard way with us. 8 Adrienne Rich This transmission may contain information that is privileged, confidential, legally privileged, and/or exempt from disclosure under applicable law. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution, or use of the information contained herein (including any reliance thereon) is STRICTLY PROHIBITED. Although this transmission and any attachments are believed to be free of any virus or other defect that might affect any computer system into which it is received and opened, it is the responsibility of the recipient to ensure that it is virus free and no responsibility is accepted by Counseling Services of Central Florida, Inc. its subsidiaries and affiliates, as applicable, for any loss or damage arising in any way from its use. If you received this transmission in error, please immediately contact the sender and destroy the material in its entirety, whether in electronic or hard copy format. In a message dated 6/2/2017 10:52:06 A.M. Eastern Daylight Time, mikal.willmer@ncdenr.gov writes: Hi Marcie,    June 23rd would work for me and I’ve invited our Regional Engineer to come as  well. Anyone who is involved or going to be involved in this process is welcome to  come. It will help facilitate discussion and help everyone explore options.      Would around 11 am work? It’s about an hour and half drive from our office to  Franklin.     Mikal Willmer  Environmental Specialist‐Asheville Regional Office  Water Quality Regional Operations Section  NCDEQ‐Division of Water Resources    Office: 828‐296‐4686  Fax: 828‐299‐7043  Mikal.willmer@ncdenr.gov    2090 US Hwy. 70  9 Swannanoa, NC 28778        Email correspondence to and from this address is subject to the  North Carolina Public Records Law and may be disclosed to third parties.    From: Kenda64@aol.com [mailto:Kenda64@aol.com]   Sent: Friday, June 02, 2017 10:45 AM  To: Willmer, Mikal <mikal.willmer@ncdenr.gov>  Subject: Re: Update  Hi Mikel, Thank you SO MUCH!! You can just imagine the roller coaster this has been. We are working on the application and hope to have it finished in the next couple of weeks. As you know we are dependent on the soil scientist and the engineer and they are not as motivated as we are to get this done yesterday lol Given that info, What does June 23rd look like for you to meet with us? We are free anytime 10am or later. Should we have the soil scientist there at that time too? Warmly, 10 Marcie Marcie S. Cramer, LMHC Licensed Clinical Psychotherapist Advanced Imago Clinician President www.CenterForTheHealingArts.com Psychological Services Dogs, Inc. a 501(c)3 Rescuing dogs to rescue people (407) 657-8555 x1 An honorable relationship----- that is, one in which two people have the right to use the word "love" ---is a process, delicate, violent, often terrifying to both persons involved, a process of refining the truths they can tell each other. It is important to do this because it breaks down human self-delusion and isolation. It is important to do this because in so doing we do justice to our own complexity. It is important to do this because we can count on so few people to go that hard way with us. Adrienne Rich This transmission may contain information that is privileged, confidential, legally privileged, and/or exempt from disclosure under applicable law. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution, or use of the information contained herein (including any reliance thereon) is STRICTLY PROHIBITED. Although this transmission and any attachments are believed to be free of any virus or other defect that might affect any computer system into which it is received and opened, it is the responsibility of the recipient to ensure that it is virus free and no responsibility is accepted by Counseling Services of Central Florida, Inc. its subsidiaries and affiliates, as applicable, for any loss or damage arising in any way from its use. If you received this transmission in error, please immediately contact the sender and destroy the material in its entirety, whether in electronic or hard copy format. In a message dated 6/2/2017 10:35:07 A.M. Eastern Daylight Time, mikal.willmer@ncdenr.gov writes: Hi Marcie,    I just wanted to give you an update since I will be in the field today and the first  half of next week. We are still working on getting a consensus in regards to the  pump and haul guidelines and memo I emailed to you earlier this week. My boss  is going to forward the information on to the higher ups for an interpretation and  we can go from there.  In the meantime, if you plan to apply for a non‐discharge  or discharge permit through our Division, I recommend getting the alternatives  assessment started and plan to schedule a meeting with me out at the property,  as you will need to meet with someone from our office before submitting the  application.      11 I also recommend contacting Kyle Jennings to discuss use of your property. The  local health department would be able to give you a better idea if you can use  your property until a working system can be installed. As always, feel free to  contact me with any questions. You can reach me by email while I’m out in the  field.     Regards,    Mikal Willmer  Environmental Specialist‐Asheville Regional Office  Water Quality Regional Operations Section  NCDEQ‐Division of Water Resources    Office: 828‐296‐4686  Fax: 828‐299‐7043  Mikal.willmer@ncdenr.gov    2090 US Hwy. 70  Swannanoa, NC 28778      Email correspondence to and from this address is subject to the  North Carolina Public Records Law and may be disclosed to third parties.    1 Armeni, Lauren E From:M <kenda64@aol.com> Sent:Wednesday, May 3, 2017 12:49 PM To:Willmer, Mikal Subject:Re: Permitting Process Thank you!!!!    Sorry For any misspellings or brevity of conversation as this is Sent from my iPhone   Marcie S. Cramer, LMHC  Licensed Clinical Psychotherapist  Advanced Imago Clinician   President www.CenterForTheHealingArts.com  Psychological Services Dogs, Inc. a 501(c)3  We rescue dogs that rescue families...   (407) 657‐8555 x1  an honorable relationship‐‐‐‐‐ that is, one in which two people have the right to use the word "love" ‐‐‐is a process,  delicate, violent, often terrifying to both persons involved, a process of refining the truths they can tell each other. it  is important to do this because it breaks down human self‐delusion and isolation. it is important to do this because in  so doing we do justice to our own complexity. it is important to do this because we can count on so few people to go  that hard way with us.    adrienne rich    This transmission may contain information that is privileged, confidential, legally privileged, and/or exempt from  disclosure under applicable law. If you are not the intended recipient, you are hereby notified that any disclosure,  copying, distribution, or use of the information contained herein (including any reliance thereon) is STRICTLY  PROHIBITED. Although this transmission and any attachments are believed to be free of any virus or other defect that  might affect any computer system into which it is received and opened, it is the responsibility of the recipient to  ensure that it is virus free and no responsibility is accepted by Counseling Services of Central Florida, Inc. its  subsidiaries and affiliates, as applicable, for any loss or damage arising in any way from its use. If you received this  transmission in error, please immediately contact the sender and destroy the material in its entirety, whether in  electronic or hard copy format.     On May 3, 2017, at 11:36 AM, Willmer, Mikal <mikal.willmer@ncdenr.gov> wrote:  Hi Marcie,     It was a pleasure speaking with you today. I will try my best to summarize the next steps you should take  now that you have received a repair denial from the health department. As I mentioned on the phone,  you will want to contact and begin working with an NC professional engineer as soon as possible. The  following link lists environmental engineers that service Macon County  http://www.maconnc.org/environmental‐engineers.html.      The attached Engineering Alternatives Analysis (EAA) Guidance Document requires you to thoroughly  explore all non‐discharge options.  This includes connection to city sewer and alternative and innovative  systems approved by the NC On‐site Water Protection Branch. You can explore these systems further by  visiting their website http://ehs.ncpublichealth.com/oswp/. If on‐site water also determines no  alternative, innovative or combination of systems will work, then you can pursue a permit with the NC  2 Division of Water Resources.  Since the goal of the Clean Water Act is to reduce and eliminate discharges  to surface waters, you will need to determine if your property is suitable for a non‐discharge permit with  our Division. I have attached the single family residence wastewater irrigation permit application to look  over. If it is determined this type of system is not feasible, you may then apply for a General NPDES  permit with our Division (application attached). Again, you and/or your representative will need to meet  with a member of our office (ideally at the property) before submitting the application.      Once an application is submitted to the permitting unit in Raleigh, they will forward the application onto  our office for review and I will submit a staff report with my recommendations. After Raleigh receives  the staff report, they may request additional information from your representative. Once they have all  the information they need to make a determination, the permitting unit will decide to either issue or  deny a certificate of coverage under the NCG550000 General NPDES Permit. Our website link is below if  you would like to look into the process further.     http://deq.nc.gov/about/divisions/water‐resources/water‐resources‐permits     Please feel free to contact me should you have any questions moving forward.     Regards,           Mikal Willmer  Environmental Specialist‐Asheville Regional Office  Water Quality Regional Operations Section  NCDEQ‐Division of Water Resources     Office: 828‐296‐4686  Fax: 828‐299‐7043  Mikal.willmer@ncdenr.gov     2090 US Hwy. 70  Swannanoa, NC 28778     <image001.png>     Email correspondence to and from this address is subject to the  North Carolina Public Records Law and may be disclosed to third parties.     <SFRWWIS 06-16.docx> <EAA-Guidance-20140501-DWR-SWP-NPDES.doc> <NCG55_New Applicant-NOI-SFR.docx> 1 Armeni, Lauren E From:Kenda64@aol.com Sent:Tuesday, May 30, 2017 11:47 AM To:Willmer, Mikal Subject:Re: Pump & Haul Memo and Guidelines THANK YOU SO MUCH!!! You are really wonderful at your job and I feel so blessed to have connected with you. This process has been incredibly challenging and I am so out of my depth! Right now we are just trying to get the soil scientists to call us back. It appears Mountain Soil is the only game in Franklin, You don't happen to know of any others or maybe we should move on to someone in Asheville? Thank you again Mikel, So very grateful Warmly Marcie Ps. l let me know if you want to talk about childhood - after being in practice 34 years, THAT is exactly in my lane lol Marcie S. Cramer, LMHC Licensed Clinical Psychotherapist Advanced Imago Clinician President www.CenterForTheHealingArts.com Psychological Services Dogs, Inc. a 501(c)3 Rescuing dogs to rescue people (407) 657-8555 x1 An honorable relationship----- that is, one in which two people have the right to use the word "love" ---is a process, delicate, violent, often terrifying to both persons involved, a process of refining the truths they can tell each other. It is important to do this because it breaks down human self-delusion and isolation. It is important to do this because in so doing we do justice to our own complexity. It is important to do this because we can count on so few people to go that hard way with us. Adrienne Rich This transmission may contain information that is privileged, confidential, legally privileged, and/or exempt from disclosure under applicable law. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution, or use of the information contained herein (including any reliance thereon) is STRICTLY PROHIBITED. Although this transmission and any attachments are believed to be free of any virus or other defect that might affect any computer system into which it is received and opened, it is the responsibility of the recipient to ensure that it is virus free and no responsibility is accepted by Counseling Services of Central Florida, Inc. its subsidiaries and affiliates, as applicable, for any loss or damage arising in any way from its use. If you received this transmission in error, please immediately contact the sender and destroy the material in its entirety, whether in electronic or hard copy format. In a message dated 5/30/2017 11:20:09 A.M. Eastern Daylight Time, mikal.willmer@ncdenr.gov writes: Marcie,  2   I just wanted to send you this for your records. This is the memo and guidelines I have been referencing in our  discussions. This document can also be found on DHHS’ website at http://ehs.ncpublichealth.com/oswp/resources.htm  (pump and haul guidelines).      Mikal Willmer  Environmental Specialist‐Asheville Regional Office  Water Quality Regional Operations Section  NCDEQ‐Division of Water Resources    Office: 828‐296‐4686  Fax: 828‐299‐7043  Mikal.willmer@ncdenr.gov    2090 US Hwy. 70  Swannanoa, NC 28778        Email correspondence to and from this address is subject to the  North Carolina Public Records Law and may be disclosed to third parties.    1 Armeni, Lauren E From:Kenda64@aol.com Sent:Monday, March 27, 2017 10:19 AM To:Willmer, Mikal Subject:Re: State Permitted Wastewater Disposal System That was so helpful! Thank you very, very much! Warmly, Marcie Marcie S. Cramer, LMHC Licensed Clinical Psychotherapist Advanced Imago Clinician President www.CenterForTheHealingArts.com Psychological Services Dogs, Inc. a 501(c)3 Rescuing dogs to rescue people (407) 657-8555 x1 An honorable relationship----- that is, one in which two people have the right to use the word "love" ---is a process, delicate, violent, often terrifying to both persons involved, a process of refining the truths they can tell each other. It is important to do this because it breaks down human self-delusion and isolation. It is important to do this because in so doing we do justice to our own complexity. It is important to do this because we can count on so few people to go that hard way with us. Adrienne Rich This transmission may contain information that is privileged, confidential, legally privileged, and/or exempt from disclosure under applicable law. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution, or use of the information contained herein (including any reliance thereon) is STRICTLY PROHIBITED. Although this transmission and any attachments are believed to be free of any virus or other defect that might affect any computer system into which it is received and opened, it is the responsibility of the recipient to ensure that it is virus free and no responsibility is accepted by Counseling Services of Central Florida, Inc. its subsidiaries and affiliates, as applicable, for any loss or damage arising in any way from its use. If you received this transmission in error, please immediately contact the sender and destroy the material in its entirety, whether in electronic or hard copy format. In a message dated 3/27/2017 10:10:11 A.M. Eastern Daylight Time, mikal.willmer@ncdenr.gov writes: Hi Marcie, The engineering firms will often have specific contractors who could give you a price estimate. If they cannot give you an estimate, I will see if I can’t get you a list of specific installers by tomorrow afternoon. I looked at the classification of Wayah Creek and it is listed as a WS-III water supply source. It does not appear the property is located in a water supply critical area, which prevents the permitting of any new discharges, but water supply designations may have more restrictions. I have not looked at the stream flow yet, which could also be a limiting factor. Ultimately it will be up to the permitting unit in Raleigh to make a final decision. 2 The site may only be capable of assimilating the flow from a two bedroom home (calculated daily flow of 240 gallons). We do also encourage people to pursue combinations of alternative subsurface septic systems that require less acreage. This is something you could discuss with the county or also NC On- site Water Protection-On-site Wastewater, which is a part of the Division of Health and Human Services. Here is a link to their website http://ehs.ncpublichealth.com/oswp/. There website will have relevant contact information and approved subsurface system products. There may be an alternative system (that does not require permitting through our division) which could work for the property and allow the third bedroom to be built. The following link is to the approved systems: http://ehs.ncpublichealth.com/oswp/approvedproducts.htm If an alternative systems will not work and you apply and are approved for a system through our division, the number of bedrooms would not be an issue. The Division of Water Resources does not have a say in the allowable wastewater system loading unless the system is permitted through our division. Please let me know if you have any additional questions. I will be in the field the rest of the day, but will be back first thing tomorrow morning. Sincerely, Mikal Willmer Environmental Specialist-Asheville Regional Office Water Quality Regional Operations Section NCDEQ-Division of Water Resources Office: 828-296-4686 Fax: 828-299-7043 Mikal.willmer@ncdenr.gov 2090 US Hwy. 70 Swannanoa, NC 28778 3 Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. From: M [mailto:kenda64@aol.com] Sent: Friday, March 24, 2017 4:24 PM To: Willmer, Mikal <mikal.willmer@ncdenr.gov> Subject: Re: State Permitted Wastewater Disposal System Thank you so much! I truly appreciate your help in guidance and willingness on this matter :-) it looks like the only thing I'm missing is some phone numbers of contractors who install the waste water filtering system so I can get a price quote to know if we even are interested in moving forward with the seller. Do you have a list so that I might call them and get a price quote? Just for further information to see if an irrigation system as possible, and I don't think it is,The address is 5026 Wayah Road Franklin North Carolina. I so appreciate your willingness to meet us at the site we will be back in North Carolina in May and very well may take you up on that kind offer. Much gratitude and thanks again, Marcie Sorry For any misspellings or brevity of conversation as this is Sent from my iPhone Marcie S. Cramer, LMHC Licensed Clinical Psychotherapist Advanced Imago Clinician President www.CenterForTheHealingArts.com Psychological Services Dogs, Inc. a 501(c)3 We rescue dogs that rescue families... (407) 657-8555 x1 an honorable relationship----- that is, one in which two people have the right to use the word "love" ---is a process, delicate, violent, often terrifying to both persons involved, a process of refining the truths they can tell each other. it is important to do this because it breaks down human self-delusion and isolation. it is important to do this because in so doing we do justice to our own complexity. it is important to do this because we can count on so few people to go that hard way with us. adrienne rich This transmission may contain information that is privileged, confidential, legally privileged, and/or exempt from disclosure under applicable law. If you are not the intended recipient, you are hereby 4 notified that any disclosure, copying, distribution, or use of the information contained herein (including any reliance thereon) is STRICTLY PROHIBITED. Although this transmission and any attachments are believed to be free of any virus or other defect that might affect any computer system into which it is received and opened, it is the responsibility of the recipient to ensure that it is virus free and no responsibility is accepted by Counseling Services of Central Florida, Inc. its subsidiaries and affiliates, as applicable, for any loss or damage arising in any way from its use. If you received this transmission in error, please immediately contact the sender and destroy the material in its entirety, whether in electronic or hard copy format. On Mar 24, 2017, at 3:47 PM, Willmer, Mikal <mikal.willmer@ncdenr.gov> wrote: It was a pleasure speaking with you today. Hopefully I can summarize what would be needed if you move forward with applying for a permit through our Division. As we discussed on the phone before you explore options with the Division of Water Resources (DWR), you will need to have an Engineering Alternatives Analysis (EAA) completed. It is highly recommended you speak and work with a NC licensed Professional Engineer familiar with these systems, as all system design specifications will require their seal of approval. If the Macon County Health Department sends you a letter denying the site for all subsurface systems, then you can begin exploring the other options listed in the EAA Guidance Document (attached). If you have explored all subsurface systems and combination system, your next step would be to look into a Single-Family Residence (SFR) Wastewater Irrigation System. The design criteria and setbacks for these systems can be found in 02T.0605 (attached). The minimum setback for a drip irrigation system from a habitable residence not owned or maintained by you is 100 ft. Additionally, the minimum setback from a stream or creek is 100 ft. These would be items/issues you would list during your EAA when determining site suitability. If during the EAA you and your contracted engineer determine a SFR irrigation system is not feasible, you can then look into a single-family residence discharge permit. I would encourage you to first determine if a discharging system will be allowed. Not all waters of the State are suited to receive treated wastewater discharges. Under Step 1 on the EAA it lists the restrictions you should evaluate before submitting an application. Some of the limiting factors are stream flow, classification and impairment. If you are unsure if the creek/stream near the property is suitable, please feel free to contact me with the address and I can try and provide further information on the classification. I would be more than happy to meet you at the subject property to discuss the site and system further. I have attached the SFR wastewater irrigation system permit application and the SFR wastewater discharge permit application. Additionally, these systems have an associated $60 annual fee and require routine monitoring and maintenance. The following link lists professional engineers in and around the area that service Macon County http://www.maconnc.org/environmental-engineers.html In regards to the bedroom classification, your best bet would be to discuss it with the NC Department of Insurance/Office of the State Fire Marshal-Engineering Division (phone 5 #919-647-0000). The State Code now references the 2015 International Building Code for many requirements. I know this is a lot of information to go over, so please feel free to call or send me an email should you have any questions moving forward. Sincerely, Mikal Willmer Environmental Specialist-Asheville Regional Office Water Quality Regional Operations Section NCDEQ-Division of Water Resources Office: 828-296-4686 Fax: 828-299-7043 Mikal.willmer@ncdenr.gov 2090 US Hwy. 70 Swannanoa, NC 28778 <image001.png> Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. <02T Waste not discharged to surface waters.pdf> <EAA-Guidance-20140501-DWR-SWP-NPDES.doc> <SFRWWIS 06-16.docx> <NCG55_New Applicant-NOI-SFR.docx> 1 Armeni, Lauren E From:Willmer, Mikal Sent:Monday, August 14, 2017 9:51 AM To:'dsmith@ddsmithco.com' Subject:Setbacks for Wayah Attachments:SFR set backs - 15A NCAC 02T. docx.docx Hey Dave,    I spoke with Charles Weaver in our permitting unit in Raleigh. We have been using the setbacks for SFR drip irrigation  systems located in our 2T rules (specific section attached). He was unsure if we have granted waivers for the stream  setback and recommended talking to John Hennessy (Permitting Supervisor). He would be able to tell you if the  requested setbacks are possible. His number is 919‐807‐6377 and his email is john.hennessy@ncdenr.gov. If you are  unable to get in touch with him, just let me know and I’ll try and relay the waiver question.     Regards,    Mikal Willmer  Environmental Specialist‐Asheville Regional Office  Water Quality Regional Operations Section  NCDEQ‐Division of Water Resources    Office: 828‐296‐4686  Fax: 828‐299‐7043  Mikal.willmer@ncdenr.gov    2090 US Hwy. 70  Swannanoa, NC 28778        Email correspondence to and from this address is subject to the  North Carolina Public Records Law and may be disclosed to third parties.    1 Armeni, Lauren E From:Heim, Tim Sent:Wednesday, August 30, 2017 7:53 AM To:Shayna The Selfish Dog Cc:Willmer, Mikal; Davidson, Landon Subject:SFR Permit Questions Marcie,    With regard to your questions from last week, I was able to confirm the following:    1. All SFR permits must be reviewed and approved by Central Office in Raleigh. (Not the Regional Office)  2. Central Office is telling me their current review time for this process is approximately 1 month.    Please let me know if I can answer anything else,  ‐Tim     Tim Heim, P.E. Environmental Engineer – Asheville Regional Office Water Quality Regional Operations Section NCDEQ – Division of Water Resources   828 296 4500 office email: tim.heim@ncdenr.gov 2090 U.S. Hwy. 70 Swannanoa, N.C. 28778 Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties.   1 Armeni, Lauren E From:Willmer, Mikal Sent:Friday, June 2, 2017 10:35 AM To:'Kenda64@aol.com' Subject:Update Hi Marcie,    I just wanted to give you an update since I will be in the field today and the first half of next week. We are still working  on getting a consensus in regards to the pump and haul guidelines and memo I emailed to you earlier this week. My boss is going to forward the information on to the higher ups for an interpretation and we can go from there.  In the  meantime, if you plan to apply for a non‐discharge or discharge permit through our Division, I recommend getting the  alternatives assessment started and plan to schedule a meeting with me out at the property, as you will need to meet  with someone from our office before submitting the application.      I also recommend contacting Kyle Jennings to discuss use of your property. The local health department would be able  to give you a better idea if you can use your property until a working system can be installed. As always, feel free to  contact me with any questions. You can reach me by email while I’m out in the field.     Regards,    Mikal Willmer  Environmental Specialist‐Asheville Regional Office  Water Quality Regional Operations Section  NCDEQ‐Division of Water Resources    Office: 828‐296‐4686  Fax: 828‐299‐7043  Mikal.willmer@ncdenr.gov    2090 US Hwy. 70  Swannanoa, NC 28778        Email correspondence to and from this address is subject to the  North Carolina Public Records Law and may be disclosed to third parties.    1 Armeni, Lauren E From:Heim, Tim Sent:Monday, June 5, 2017 2:29 PM To:Kenda64@aol.com Cc:Willmer, Mikal Subject:DEQ Wastewater Pump and Haul Permit Application Information Attachments:P&H App.docx Ms. Cramer,    Mikal Willmer asked that I forward you information related to Pump and Haul Wastewater permits issued by our office.     Be advised, we are currently unable to issue these permits until the applicant has a permitted wastewater system (or  submitted an application for such a system) with DEQ/DWR. My understanding is you currently have a failing/failed  septic system permitted by the local (county) health department, the status of which we are meeting about on the 23rd.     Information about P&H systems is located here: http://deq.nc.gov/about/divisions/water‐resources/water‐resources‐ permits/wastewater‐branch/collection‐systems/pump‐haul    In addition, you can review the P&H application (attached) and let us know if you have any questions at our upcoming  meeting.     On a positive note, P&H permits are reviewed at the regional level (by me) and the issuance of them is fairly rapid once  we have and can process a valid application.    Regards  ‐Tim     Tim Heim, P.E. Environmental Engineer – Asheville Regional Office Water Quality Regional Operations Section NCDEQ – Division of Water Resources   828 296 4500 office email: tim.heim@ncdenr.gov 2090 U.S. Hwy. 70 Swannanoa, N.C. 28778 Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties.