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NC0064939_Regional Office Physical File Scan Up To 1/13/2021
`&qECEiV-ED �srA7ra Water Quality Section FEB i I ,?a l State of North Carolina ,Asheville Regional office Department of Environment, Health, and NatvRlctilina Division of Environmental Management 512 North Salisbury Street • Raleigh, North Carolina 27611 James G. Martin, Governor WiWam W. Cobey, Jr., Secretary February 7, 1991 Mr. Barry W. Henry Rt 1 Tryon, NC 28782 George T. Everett, Ph.D. Director Subject: Permit No. NCO064939 Red Fox Country Club Polk County Dear Mr. Henry: In accordance with your application for discharge permit received on August 20, 1990, we are forwarding herewith the subject State - NPDES permit. This permit is issued pursuant to the requirements of North Carolina General Statute 143-215.1 and the Memorandum of Agreement between North Carolina and the US Environmental Protection Agency dated December 6, 1983. If any parts, measurement frequencies or sampling requirements contained in this permit are unacceptable to you, you have the right to an adjudicatory hearing upon written request within thirty (30) days following receipt of this letter. This request must be in the form of a written petition, conforming to Chapter 150B of the North Carolina General Statutes, and filed with the Office of Administrative Hearings, Post Office Drawer 27447, Raleigh, North Carolina. 2761.1-7447. Unless such demand is made, this -decision shall be final and binding. +. Please take notice that th s•perMit is not transferable. Part II, E.4. addresses the requirements to be followed in case of change in ownership or control of this discharge. This permit does not affect the legal requirements to obtain other permits which may be required by the Division of Environmental Management or permits required by the Division of Land Resources, Coastal Area Management Act or any other Federal or Local governmental permit that may be required. If you have any questions concerning this permit, please contact Mr. Mack Wiggins at telephone number 919/733-5083. Sincerely, Original signed by bale Overcash for George T. Everett cc: Mr. Jim Patrick EPA 7 ' N RT @7f i Poffudon Pmwndon Pays P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone 919-733-7015 Permit No. NCO064939 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT, HEALTH, AND NATURAL RESOURCES DIVISION OF ENVIRONMENTAL MANAGEMENT PERMIT TO DISCHARGE WASTEWATER UNDER THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM In compliance with the provision of North Carolina General Statute 143-215.1, other lawful standards and regulations promulgated and adopted by the North Carolina Environmental Management Commission, and the Federal Water Pollution Control Act, as amended, Capstone Development Group is hereby authorized to discharge wastewater from a facility located at Red Fox Country Club private road off NCSR 1519 east of Tryon. Polk County to receiving waters designated as Hooper Creek in the Broad River Basin in accordance with effluent limitations, monitoring requirements, and other conditions set forth in Parts I, II, and III hereof. This permit shall become effective April 1, 1991 This permit and the authorization to discharge shall expire at midnight on December 31, 1993 Signed this day February 7, 1991 Original signed -by bate Overcash f6r George T. Everett, Director Division of Environmental Management By Authority of the Environmental Management Commission 30, i k, 34 993 LOCATION PLAN Proposed Wastewater Treatment Plant Capstone Development Company a A. O. EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS SUMMER (April 1- October 31) Permit No. NCO064939 ' During the period beginning on the effective date of the permit and lasting until expansion above 0.040 MGD, the Permittee'is authorized to discharge from outfall(s) serial number 001. Such discharges shall be limited and monitored by the.permittee as specified below: Effluent Characteristics Discharge Limitations Monitoring Requirements Measurement Sample *Sample Monthly 'Avg. Weekly Avg_ Daily Max Frequency Type , Location Flow 0.040 MGD Continuous Recording I or E BOD, 5 day, 200C 3.0.0 mg/I 45.0 mgll 2/Month Composite E Total Suspended Residue 30.0 mg/I 45.0 mg/I 2/Month Composite E _ NH3 as N 12.3 mg/I 2/Month Composite E Fecal Coliform (geometric mean) 200.0 /100 ml 40'0.0 /100 ml 2/Month Grab E Total Residual Chlorine Daily Grab E Temperature Weekly Grab E *Sample locations: E - Effluent, I - Influent The pH shall not be less than 6.0 standard units nor greater than 9.0 standard units, and shall be monitored 2/month at the effluent by grab sample. There shall be no discharge of floating solids or visible foam in other than trace amounts. A. O. EFFLUENT. LIMITATIONS AND MONITORING REQUIREMENTS WINTER (November; l March 31) Perrhit No. NCO064939 ' During the period, beginning on the effective:date.of the permit,and"lasting until expansion above 0 0401VIGD; the Permittee is, authorized to discharge from outfall(s) serial number OOL', Such discharges shall be limited,and monitored by' ffi6 per' ittee as specified below: , Effluent Characteristics Discharge Limitations Monitoring Requirements Measurement "Sample *Sample. Monthly Avg. Weekly. -Avg. Daily Max - -_ Frequency Type Location Flow, 0.040 Continuous : Recording I or E BOp,, 5 day, 20°C, 30 O pig/I<.• -4.5 0, mg/I ', 2/Month Composite E Total Suspended Residue 30 0 mg/1 : 45 0: mg/I 2/Month Composite E NH3 as N Monthly Composite E Fecal Coliform (geometric mean) 200..0 /100. ml 400.0' /100' ml 2/M6nth Grab E Total Residual Chlorine Aaily_ Grab E Temperature Weekly. Grab E *Sample locations: E - Effluent, I - Influent The pH shall not be less than 6.0 standard units nor greater than 9.0 standar_d units, and -shall be monitored 2/month at the effluent by grab sample. There shall be no discharge of floating solids or; visible foam in other than trace amounts.. A. O. EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS SUMMER (April 1 - October 31) Permit No. NCO064939 During the period beginning upon expansion to 0.080 MGD and lasting until expiration, the Permittee is authorized to discharge from outfall(s) serial number 001% Such discharges shall be limited and monitored by the pem-ittee as specified below: Effluent Characteristics Flow BOD, 5 day, 200C Total Suspended Residue NH3 asN ' Fecal Coliform (geometric mean) Total Residual Chlorine Temperature Total Nitrogen (NO2 + NO3 + TKN) Total Phosphorus Discharge Limitations Monthly ' Avg. 0.080 MGD 30.0 mg/I 30.0 mg/I 6.6 mg/I 200.0 /100 ml Weekly Avg. Monitoring Requirements Measurement Sample *Sample Daily Max Frequency Type Location Continuous Recording I or E 45.0 mg/I 2/Month Composite E 45.0 mg/I 2/Month Composite E , 2/Month Composite E 400.0 /100 ml 2/Month Grab E Daily Grab E Weekly Grab E Semi-annually Composite E Semi-annually Composite E *Sample locations: E - Effluent, I - Influent The pH shall not be less than 6.0 standard units nor greater than 9.0 standard units and shall be monitored 2/month at the effluent by grab sample., There shall be no discharge of floating solids or visible foam in other than trace amounts. ' I 1 • I 1 A. O. EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS WINTER (November "1 - March 31) Permit No. NCO064939 During the period beginning upon expansion to 0.080 MGD and lasting until expiration, the Permittee is authorized to discharge from outfall(s) serial number 001. Such discharges shall be limited and monitored by the permittee as specified below: Effluent Characteristics Discharge Limitations Monitoring Requirements Measurement Sample *Sample Monthly Avg. Weekly Avg, Daily Max Frequency Type Location Flow 0.080 MGD Continuous Recording I or E BOD, 5 day, 200C 30.0 mg/I 45.0 mg/1 2/Month Composite E Total Suspended Residue 30.0 mg/I 45.0 mg/I 2/Month Composite E NH3 as N 19.6 mg/I 2/Month Composite E , Fecal Coliform (geometric mean) 200.0 /100 ml 400.0 /100 ml 2/Month Grab E Total Residual Chlorine Daily Grab E Temperature Weekly Grab E Total Nitrogen (NO2 + NO3 + TKN) Semi-annually Composite E Total Phosphorus Semi-annually Composite E *Sample locations: E - Effluent, I - Influent The pH shall not be less than 6.0 standard units nor greater than 9.0 standard units and shall be monitored 2/month at the effluent by grab sample. There shall be no discharge of floating "solids or visible foam in other than trace amounts. 1 PART I ,. Section B. Schedule of Compliance 1. The permittee shall comply with Final Effluent Limitations specified for discharges in accordance with the following schedule: Permittee shall comply with Final Effluent Limitations by the effective date of the permit unless specified below. 2. Permittee shall at all times provide the operation and maintenance necessary to operate the existing facilities at optimum efficiency. 3. No later than 14 calendar days following a clate identified in the above schedule of compliance, the permittee shall submit either a report of progress or, in the case of specific actions being required by identified dates, a written notice of compliance or noncompliance. In the latter case, the notice shall include the cause of noncompliance, any remedial actions taken, and the probability of meeting the next schedule requirements. Part II Page 1 of 14 PART II STANDARD CONDITIONS FOR NPDES PERMITS SECTION A. DEFINITIONS 1. Permit Issuing Authority The Director of the Division of Environmental Management. 2. DEM or Division Means the Division of Environmental Management; Department of Environment, Health and Natural Resources. 3. EMC Used herein means the North Carolina Environmental Management Commission. 4. Act or "the Act" The Federal Water Pollution Control Act, also known as the Clean Water Act; as amended, 33 US 1251, et. seq. 5. Mass/Day Measurements a. The "monthly average discharge" is defined as the total mass of all daily discharges sampled and/or measured during a calendar month on which daily discharges are sampled and measured, divided by the number of daily discharges sampled and/or measured during such month. It is therefore, an arithmetic mean found by adding the weights of the pollutant found each day of the month and then dividing this sum by the number of days the tests were reported. The limitation is identified as "Monthly Average" in Part I of the permit. b. The "weekly average discharge" is defined as the total mass of all daily discharges sampled and/or measured during the calendar week (Sunday - Saturday) on which daily discharges are sampled and measured, divided by the number of daily discharges sampled and/or measured during such week. It is, therefore,'an arithmetic mean found by adding the weights of pollutants found each day of the week and then dividing this sum by the number of days the tests were reported. This limitation is identified as "Weekly Average" in Part I of the permit. c. The "maximum daily discharge" is the ,total mass (weight) of a pollutant discharged during a calendar day. If only one sample is taken during any calendar day the weight of pollutant calculated from it is the' "maximum daily discharge." This limitation is , identified as 'Daily Maximum," in Part I of the permit. Part II Page 2 of 14 d. The "average annual discharge" is defined as the total mass of all daily discharges sampled and/or measured during the calendar year on which daily discharges are sampled and measured, divided by the number of daily discharges sampled and/or measured during such year. It is, therefore, an arithmetic mean found by adding the weights of pollutants found each day of the year and then dividing this sum by the number of days the tests were reported. This limitation is defined as "Annual Average" in Part I of the permit. 6. Concentration Measurement a. The "average monthly concentration," other than for fecal coliform bacteria, is the sum of the concentrations of all daily discharges sampled and/or measured during a calendar month on which daily discharges are sampled and measured, divided by the number of daily discharges sampled and/or measured during such month (arithmetic mean of the daily concentration values). The daily concentration value is equal to the concentration of a composite sample or in the case of grab samples is the arithmetic mean (weighted by flow value) of all the samples collected during that calendar day. The average monthly count for fecal coliform bacteria is the geometric mean of the counts for samples collected during a calendar month. This limitation is identified as "Monthly Average" under "Other Limits" in Part -I of the permit. b. The "average weekly concentration," other than for fecal coliform bacteria, is the sum of the concentrations of all daily discharges sampled and/or measured during a calendar week (Sunday/Saturday) on which daily discharges are sampled and measured divided by the number of daily discharges sampled and/or measured during such week (arithmetic mean of the daily concentration values). The daily concentration value is equal to the concentration of a composite sample or in the case of grab samples is the arithmetic mean (weighted by flow value) of all the samples collected during that calendar day. The average weekly count for fecal coliform bacteria is the geometric mean of the counts for samples collected during a calendar week. This limitation is identified as "Weekly Average" under "Other Limits" in Part I of the'permit. c. The "maximum daily concentration" is the concentration of a pollutant discharge during a calendar day. If only one sample is taken during any calendar day the concentration of pollutant calculated from it is the "Maximum Daily Concentration". It is identified as 'Daily Maximum" under "Other Limits" in Part I of the permit. d. The "average annual concentration," other than for fecal coliform bacteria, is the sum of the concentrations of all daily discharges sampled and/or measured during a calendar year on which daily discharges are sampled and measured divided by the number of daily discharges sampled and/or measured during such year (arithmetic mean of the daily concentration values). The daily concentration value is equal to the concentration of a composite sample or in the case of grab samples is the arithmetic mean (weighted by flow value) of all the samples collected during that calendar day . The average yearly count for fecal coliform bacteria is the geometric mean of the counts for samples collected during a calendar year. This limitation is identified as "Annual Average" under "Other Limits" in Part I of the permit. e. The "daily average concentration" (for dissolved oxygen) is the minimum allowable amount of dissolved oxygen required to be available in the effluent prior to discharge averaged over a calendar day. If only one dissolved oxygen sample is taken over a calendar day, the sample is considered to be the "daily average concentration" for the discharge. It is identified as "daily average" in the text of Part 1. Part II Page 3 of 14 The "quarterly average concentration" is the average of all samples taken over a calendar quarter. It is identified as "Quarterly Average Limitation" in the text of Part I of the permit. g. A calendar quarter is defined as one of the following distinct periods: January through March, April through June, July through September, and October through December. 7. Other Measurements a. Flow, (MGD): The flow limit expressed in this permit is the 24 hours average flow, averaged monthly. It is determined as the arithmetic mean of the total daily flows recorded during the calendar month. b. An "instantaneous flow measurement" is a measure of flow taken at the time of sampling, when both the sample and flow will be representative of the total discharge. c. A "continuous flow measurement" is a measure of discharge flow from the facility which occurs continually 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. 8. Tvves� of Samples a. Composite Sample: A composite sample shall consist of: (1) 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 (2) 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 present gallon interval between sample collection fixed at no greater than 1/24 of the expected total daily flow at the treatment system, or (3) a single, continuous sample collected over a 24 hour period proportional to the rate of flow. In accordance with (1) above, the time interval between influent grab samples shall be no greater than once per hour, and the time interval between effluent grab samples shall be no greater than once per hour except at wastewater treatment systems having a detention time of greater than 24 hours. In such cases, effluent grab samples may be collected at time intervals evenly spaced over the 24 hour period which are equal in number of hours to the detention time of the system in number of days. However, in no case may the time interval between effluent grab samples be greater than six (6) hours nor the number of samples less than four (4) during a 24 hour sampling period. b. Grab Sample: Grab samples are individual samples collected over a period of time not exceeding 15 minutes; the grab sample can be taken manually. 9. Calculation of Means a Arithmetic Mean: The arithmetic mean of any set of values is the summation of the individual values divided by the number of individual values. Part II Page 4 of 14 b. Geometric Mean: The geometric mean of any set of values is the Nth root of the product of the individual values where N is equal to the number of individual values. The geometric mean is equivalent to the antilog of the arithmetic mean of the logarithms of the individual values. For purposes of calculating the geometric mean, values of zero (0) shall be considered to be one (1). c. Weighted by Flow Value: Weighted by flow value means the summation of each concentration times its respective flow divided by the summation of the respective flows. 10. Calendar Day A calendar day is defined as 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. I I. Hazardous Substance A hazardous substance means any substance designated under 40 CFR Part, 116 pursuant to Section 311 of the Clean Water Act. 12. Toxic Pollutant A toxic pollutant is any pollutant listed as toxic under Section 307(a)(1) of the Clean Water Act. SECTION B. GENERAL CONDITION$ 1. Duty to Comply The permittee must comply with all conditions of this permit. Any permit noncompliance constitutes a violation of the Clean Water Act and is ground for enforcement action; for permit termination, revocation and reissuance, or modification; or denial of a permit renewal application. a. The permittee shall comply with effluent standards or prohibitions established under section 307(a) of the Clean Water Act for toxic pollutants within the time provided in the regulations that establish these standards or prohibitions, even if the permit has not yet been modified to incorporate the requirement. b. Any person who violates a permit condition is subject to a civil penalty not to exceed $25,000 per day for each violation. Any person who negligently violates any permit condition is subject to criminal penalties of $2,500 to $25,000 per day of violation, or imprisonment for not more than 1 year, or both. Any person who knowingly violates permit conditions 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. Also, any person who violates a permit condition may be assessed an administrative penalty not to exceed $10,000 per violation with the maximum amount not to exceed $125,000. [Ref: 40 CFR 122.41(a)] i Part H Page 5 of 14 The permittee shall take all reasonable steps to minimize or prevent any discharge in violation of this permit which has a reasonable likelihood of adversely affecting human health or the environment. Except as provided in permit conditions on "Bypassing" (Part II, B-3) and 'Power Failures" (Part II, B-6), 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. 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 perrriittee 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. 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. • • • • •i • • !11 Lei•! This permit does not authorize or approve the construction of any onshore or offshore physical structures or facilities or the undertaking of any work in any navigable waters. 7. Severability The provisions of this permit are severable, and 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. • OWN 1 •15 •!•1 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 to be kept by this permit. If the permittee wishes to continue an activity regulated by this permit after the expiration date of this permit, the permittee must apply for and obtain a new permit. Part II Page 6 of 14 The permittee is not authorized to discharge after the expiration date. In order to receive automatic authorization to discharge beyond the expiration date, the permittee shall submit such information, forms, and fees as are required by the agency authorized to issue permits no later than 180 days prior to the expiration date. Any discharge that has not requested renewal at least 180 days prior to expiration, or any discharge that does not have a permit after the expiration and has not requested renewal at least 180 days prior to expiration, will subject the permittee to enforcement procedures as provided in NCGS 143-215.6 and 33 USC 1251 et. seq. All applications, reports, or information submitted to the Permit Issuing Authority shall be signed and certified. 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 employing more than 250 persons or having gross annual sales or expenditures exceeding 25 million (in second quarter 1980 dollars), if 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. b. All reports required by the permit and other information requested by the Permit Issuing Authority shall be signed by a person described above or by a duly authorized representative of that person. A person is a duly authorized representative only if. 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. J� ,f Part 11 Page 7 of 14 c. Certification. Any person signing a document under paragraphs a. or b. of this section shall make the following certification: "I certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and believe, true, accurate, and complete. I am aware that there" are significant penalties for submitting false information, including the possibility of fines and imprisonment for knowing violations." 12. Permit Actions This permit may be modified, revoked and reissued, or terminated for cause.The filing of a request by the permittee for a permit modification, revocation and reissuance, or termination, or a notification of planned changes or anticipated noncompliance does not stay any permit condition. 13. Permit Modification, Revocation and Reissuance, or Termination The issuance of this permit does not prohibit the permit issuing authority from reopening and modifying the permit, revoking and reissuing the permit, or terminating the permit as allowed by the laws, rules, and regulations contained in Title 40, Code of Federal Regulations, Parts 122 and 123; Title 15 of the North Carolina Administrative Code, Subchapter 2H .0100; and North Carolina General Statute 143-215.-1 et. al. 14. _Previous Permits All previous National Pollutant Discharge Elimination System Permits issued to this facility, whether for operation or discharge, are -hereby revoked by issuance of this permit. The conditions, requirements, terms,. and provisions of this permit authorizing discharge under the National Pollutant Discharge Elimination System govern discharges from this facility. Pursuant to Chapter 90A-44 of North Carolina General Statutes, the permittee shall employ a certified wastewater treatment plant operator in responsible charge (ORC) of the wastewater treatment facilities. Such operator must hold a certification of the grade equivalent to or greater than the classification assigned to the wastewater treatment facilities. The permittee shall notify the Division's Operator Training and Certification Unit within five days of any change in the ORC status. Part H Page 8 of 14 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 operation of back-up or auxiliary facilities or similar systems which are installed by a permittee only when the operation is necessary to achieve compliance with the conditions of the permit. 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. 4. Bypassing of Treatment Facilities a. Definitions (1) "Bypass" means 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. (2) "Severe property damage" means 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 does not mean economic loss caused by delays in production. b. Bypass not exceeding limitations. 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 c. and d. of this section. c. Notice (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 affect of the bypass. (2) Unanticipated bypass.- The permittee shall submit notice of an unanticipated bypass as required in Part II, E. 6. of this permit. (24-hour notice). d. - Prohibition of Bypass (1) Bypass 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; Part H Page 9 of 14 (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 c. of this section. (2) The Permit Issuing Authority may approve an anticipated bypass, after considering its adverse affects, if the Permit Issuing Authority determines that it will meet the three conditions listed above in Paragraph d. (1) of this section. 5. Upsets a. Definition. "Upset= " means an exceptional incident in which there is unintentional and temporary noncompliance with technology based permit effluent limitations because of factors beyond the reasonable control of the permittee. An upset does not include noncompliance to the extent caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance, or careless or improper operation. b. Affect of an upset. An upset constitutes an affirmative defense to an action -brought for noncompliance with such technology based permit effluent limitations if the requirements of paragraph c. 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. c. Conditions necessary for a demonstration of upset. A permittee who wishes to establish the affirmative defense of upset shall demonstrate, through properly signed, contemporaneous operating logs, or other relevant evidence that: (a) An upset occurred and that the permittee can identify the cause(s) of the upset; (b) The permittee facility was at the time being properly operated; and (c) The permittee submitted notice of the upset as required in Part II, E. 6. (b) (B) of this permit. (d) The permittee complied with any remedial measures required under Part II, B. 2. of this permit. d. Burden of proof. In any enforcement proceeding the permittee seeking to establish the occurrence of an upset has the burden of proof. w Part H Page 10 of 14 6. Removed Substances Solids, sludges, filter backwash, or other pollutants removed in the course of treatment or control of wastewaters shall be disposed of in accordance with NCGS 143-215.1 and in a manner such as to prevent any pollutant from such materials from entering waters of the State or navigable waters of the United States. The permittee shall comply with all existing federal regulations governing the disposal of sewage sludge, and with applicable 40 CFR Part 503 Standards for the Use and Disposal of Sewage Sludge when promulgated. Upon promulgation of 40 CFR Part 503, any permit issued by the Permit Issuing Authority for the disposal of sludge may be reopened and modified, or revoked and reissued, to incorporate applicable requirements at 40 CFR Part 503. The permittee shall notify the Permit Issuing Authority of any significant change in its sludge use or disposal practices. 7. Power Failures The permittee is responsible for maintaining adequate safeguards as required by DEM Regulation, Title 15, North Carolina Administrative Code, Subchapter 2H, .0124 Reliability, to prevent the discharge of untreated or inadequately treated wastes during electrical power failures either by means of alternate power sources, standby generators or retention of inadequately treated effluent. SECTION D. MONITORING AND RECORDS 1. Representative Sampling Samples collected and measurements taken, as required herein, shall be characteristic of the volume and nature of the permitted discharge. Samples collected at a frequency less than daily shall be taken on a day and time that is characteristic of the discharge over the entire period which 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. 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 (DEM No. MR 1,11, 2, 3) or alternative forms approved by the Director, DEM, postmarked no later than the 30th day following the completed reporting period. The first DMR is due on the last'day of the month following the issuance of the permit or in the case of a new facility, on the last day of the month following the commencement of discharge. Duplicate signed copies of these, and all other reports required herein, shall be submitted to the following address: Division of Environmental Management Water Quality Section ATTENTION: Central Files Post Office Box 27687 Raleigh, North Carolina 27611 Part II Page 11 of 14 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 are 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. Once -through condenser cooling water flow which is 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. G ' • • Test procedures for the analysis of pollutants shall conform to the EMC regulations published pursuant to NCGS 143-215.63 et. seq, the Water and Air Quality Reporting Acts, and to regulations published pursuant to Section 304(g), 33 USC 1314, of the Federal Water Pollution Control Act, as Amended, and Regulation 40 CFR 136. To meet the intent of the monitoring required by this permit, all test procedures must produce minimum detection and reporting levels that are below the permit discharge requirements and all data generated must be reported down to the minimum detection or lower reporting level of the procedure. If no approved methods are determined capable of achieving minimum detection and reporting levels below permit discharge requirements, then the most sensitive (method with the lowest possible detection and reporting level) approved method must be used. 5. Penalties for Tampering The Clean Water Act provides that any person who falsifies, tampers with, or knowingly renders inaccurate, any monitoring device or method required to be maintained under this permit shall, upon conviction, be punished by a fine of not more than $10,000 per violation, or by imprisonment for not more than two years per violation, or by both. 6. Records Retention The permittee- shall retain records of all monitoring information, including all calibration and maintenance records and all original strip chart recordings for continuous monitoring instrumentation, copies of all reports required by this permit, 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. 7. Recording Results For each measurement or sample taken pursuant to the requirements of this permit, the permittee shall record the following -information: 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. Part II Page 12 of 14 8. Inspection and Entry The permittee shall allow the Director, or an authorized representative, upon the presentation of credentials and other documents as mayberequired by law, to; a. Enter upon the permittee's premises where a regulated facility or activity is located or conducted, or where records must be kept under the conditions of this permit; b. Have access to and copy, at reasonable times, any records that must be kept under the conditions of this permit; c. Inspect at reasonable times any facilities, equipment (including monitoring and control equipment), practices, or operations regulated or required under this permit; and d. Sample or monitor at reasonable times, for the purposes of assuring permit compliance or as otherwise authorized by the Clean Water Act, any substances or parameters at any location. SECTION E. REPORTING REQUIREMENTS 1. Change in Discharge All discharges authorized herein shall be consistent with the terms and conditions of this permit. The discharge of any pollutant identified in this permit more frequently than or at a level in excess of that authorized shall constitute a violation of the permit. 2. Planned Changes The permittee shall give notice to the Director as soon as possible of any planned physical alterations or additions to the permitted facility. Notice is required only when: a. The alteration or addition to a permitted facility may meet one of the criteria for determining whether a facility is a new source in 40 CFR Part 122.29 (b); or b. The alteration or addition could significantly change the nature or increase the quantity of pollutants discharged. This notification applies to pollutants which are subject neither to effluent limitations in the permit, nor to notification requirements under 40 CFR Part 122.42 (a) (1). 3. Anticipated Noncompliance The permittee shall give advance notice to the Director of any planned changes in the permitted facility or activity which may result in noncompliance with permit requirements. 4. Transfers This permit is not transferable to any person except after notice to the Director. The Director may require modification or revocation and reissuance of the permittee and incorporate such other requirements as may be necessary under the Clean Water Act. =r' Part II Page 13 of 14 5. Monitoring; Reports Monitoring results shall be reported at the intervals specified elsewhere in this permit. a. Monitoring results must be reported on a Discharge Monitoring Report (DMR) (See Part II. D. 2. of this permit). b. If the permittee monitors any pollutant more frequently than required by the permit, using test procedures specified in Part II, D. 4. of this permit, the results of this monitoring shall be included in the calculation and reporting of the data submitted in the DMR. c. Calculations for all limitations which require averaging of measurements shall utilize an arithmetic mean unless otherwise specified by the Director in the permit. 6. Twenty-four Hour Reporting a. The permittee shall report to the central office or the appropriate regional office any noncompliance which may endanger 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. b. The following shall be included as information which must be reported within 24 hours under this paragraph. (A) Any unanticipated bypass which exceeds any effluent limitation in. the permit. (B) Any upset which exceeds any effluent limitation in the permit. (C) Violation of a maximum daily discharge limitation for any of the pollutants listed by the Director in the permit to be reported within 24 hours. c. The Director may waive the written report on a case -by -case basis for reports under paragraph b. above of this condition if the oral report has been received within 24 hours. 7. Other Noncompliance The permittee shall report all instances of noncompliance not reported under Part II. E. 5 and 6. of this permit at the time monitoring reports are submitted. The reports shall contain the information listed in Part II. E. 6. of this permit. 8. Other Information Where the permittee becomes aware that it failed to submit any relevant facts in a permit application, or submitted incorrect information in a permit application or in any report to the Director, it shall promptly submit such facts or information. Part H Page 14 of 14 9. Noncompliance Notification The permittee shall report by telephone to either the central office or the appropriate regional office of the Division as soon as possible, but in no case more than 24 hours or on the next working day following the occurrence or first knowledge of the occurrence of any of the following: a. Any occurrence at the water pollution control facility which results in the discharge of significant amounts of wastes which are abnormal in quantity or characteristic, such as the dumping of the contents of a sludge digester; the known passage of a slug of hazardous substance through the facility; or any other unusual circumstances. b. Any process unit failure, due to known or unknown reasons, that render the facility incapable of adequate wastewater treatment such as mechanical or electrical failures of pumps, aerators, compressors, etc. c. Any failure of a pumping station, sewer line, or treatment facility resulting in a by-pass directly to receiving waters without treatment of all or any,portion of the -influent to such station or facility. Persons reporting such occurrences by telephone shall also file a written report in letter form within 15 days following first knowledge of the occurrence. 10. Availability of Reports Except for data determined to be confidential under NCGS 143-215.3(a)(2) or Section 308 of the Federal Act, 33 USC 1318, all reports prepared in accordance with the terms shall be available for public inspection at the offices of the Division of Environmental Management. 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. 1.1. Penalties for Falsification of Reports The.Clean Water Act provides that any person who knowingly makes any false statement, representation, or certification in any record or other document submitted or required to be maintained under this permit, including monitoring reports or reports of compliance or noncompliance shall, upon conviction, be punished by a fine of not more than $10,000 per violation, or by imprisonment for riot more than two years per violation, or by both. PART III OTHER REQUIREMENTS A. Construction No construction of wastewater treatment facilities or additions to add to the plant's treatment capacity or to change the type of process utilized at the treatment plant shall be begun until Final Plans and Specifications have been submitted to the Division of Environmental Management and written approval and Authorization to Construct has been issued. B . Groundwater Monitoring The permittee shall, upon written notice from the Director of the Division of Environmental Management, conduct groundwater monitoring as may be required to determine the compliance of this NPDES permitted facility with the current groundwater standards. 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: 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 riot limited in the permit, if that discharge will exceed the highest of the following "notification levels'; (1) One hundred micrograms per liter (100 ug/1); (2) Two hundred micrograms per liter (200 ug/1) for acrolein and acrylonitrile; five hundred micrograms per liter (500 ug/1) for 2.4-dinitrophenol and for 2-methyl-4.6-dinitrophenol; and one milligram per liter (1 mg/1) for antimony; (3) Five (5) 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 ug/1); (2) One milligram per liter (1 mg/1) for antimony; (3). Ten 00) times the maximum -concentration value reported for that pollutant in the permit application. 010, PART .r V ANNUAL ADMINISTERING AND COMPLIANCE FEE P.EQL1Ji.EHEti:' Thn permittee must pay the annual administering and come;iance fee within 30 (thirty) days after being billed by the Division. failure to the fee in a timely manner in accordance with 15 NCAC 2H .0105(b),4) may cause this Division to initiate action to revoke the permit. V, A N.-State of North�Cdrogrid Department of Envlronment Health and Natural Resources Division of Environmental Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary A. Preston Howard, Jr., P.E., Director September 22, 1993 MAURICE BRACKETT RED FOX COUNTRY CLUB 2 CLUB DRIVE TRYON NC 28782 ID FE F.1 Subject: Rescission of Civil Penalty Assessment & Permit Rescission Red Fox Country Club File No. RV 93-058 NPDES Permit No. NCO064939 Polk County ' Dear Mr. Brackett: On August 30, 1993 you requested that NPDES Permit No. NCO064939 be rescinded due to your facility being never constructed. A copy of your request was forwarded to our Asheville Regional Office for verification. The Asheville Regional Office has now verified that your facility was never constructed. Due to this fact, your civil penalty assessment RV 93-058 is hereby rescinded and your case closed. Also as per your request, NPDES Permit No. NCO064939 is hereby rescinded. If in the future, you determine that you wish to have a discharge, you must first apply for and receive a new NPDES Permit. Discharging without a valid NPDES permit will subject the discharger to a civil penalty of up to $10,000.00 per day. If there is a need for any additional information, please contact Robert Farmer at (919) 733-5083, ext. 531. S' cerely, A. Preston Howard, Jr., P.E. cc: Mr. Jim Patrick, EPA Polk County Health Department Wie e�egional OffiW Permits & Engineering Unit - Coleen Sullins Fran McPherson, DEM Budget Office Operator Training and Certification Technical Support Branch Facilities Assessment,Unit - Robert Farmer - w/attachments Central Files - w/attachments Aquatic Toxicology - Larry Ausley 0 SEP 2 319M V11MEH PUALITP' SECTION ASHEVILLE REGIONAL OFFICE P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-7015 FAX 919-733-2496 An Equal opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper I March 19, 1993 BARRY W. HENRY RED FOX COUNTRY CLUB ROUTE 1 TRYON, NC 28782 Subject: NPDES PERMIT N0: NCO064939 POLK COUNTY Dear Permittee: The subject permit issued on 2/07/91 expires on 12/31/93. North Carolina General Statute (NCGS) 143-215.1(c) requires that an application for permit renewal.be filed at least 180 days prior to the expiration date. As of the date of this letter, the Division of Environmental Management had not received an application for renewal. If operation of a discharge or waste treatment facility is to occur after the permit's expiration date, or if continuation of the permit is desired, it must not be allowed to expire. A renewal request must be submitted no later than 180 days prior to the permit's expiration date. Operation of the waste treatment works or continuation of a discharge after the expiration date would constitute a violation of NCGS 143-215.1 and could result in assessment of civil penalties of up to $10,000 per day. If continuation of the permit is desired, failure to request. renewal at least 180 days prior to expiration.will result in a civil assessment of at least $250.00; larger penalties may be assessed depending upon the delinquency of the request. A renewal application shall consist of the following information: 1. A letter requesting the renewal. 2. The completed application form (copy attached), signed and submitted in triplicate, referenced in Title 15 of North Carolina Administrative Code (15A NCAC) Subchapter 2H .0105(a). 3. A processing fee (see attached schedule) in accordance with 15A NCAC 2H .0105(b). The application processing fee 'is based on the design.or permitted flow, whichever is appropriate, listed.in the first categories of facilities. 4. Primary industries listed in Appendix A of Title 40 of the Code of Federal Regulations, Part 122 shall also submit a priority pollutant analysis in.accordance with.Part 122.21. 5. Facilities which.have not been constructed within the last permit cycle and are therefore, considered "new" facilities, shall also submit an Engineering Alternatives Analysis, referenced in 15A NCAC'Subchapter 2H .0103 and Subchapter 2B .0201(c). 6. If the facility covered by this permit contains some type of treatment works, a narrative description of the sludge management plan must be submitted with the application for the renewal. In addition to penalities referenced above, a permit renewal request received after the expiration date will be considered as a new application and will require the higher application fee. 15A NCAC 2H .0105(b)(2) requires payment of an annual Administrative and Compliance Monitoring fee for most permitted facilities. You will be billed separately for that fee (if applicable), after your permit is approved. The letter requesting renewal; the completed Permit application, and appropriate fee should be sent to: Permits and Engineering Unit Division of Environmental Management Post Office Box 29535 - Raleigh, North Carolina 27626-0535 The check should be'made payable to the North Carolina Department of Environment, Health, and -Natural Resources which may be abbreviated as DEHNR. If there are questions or a need for .additional information regarding the permit renewal procedure,'please contact me or any individual in the NPDES Group at telephone number (919) 733-5083. Sincerely; Original Signed By Coleen H. Sullins Coleen Sullins, P.E. Supervisor, NPDES Permits Group cc: shev' .7 Regonal—®faf.ce' Permits and Engineering Unit Central Files ' .; , . � � ,• r 11 � � � it , I {, r Jlil 1 c 1r it i fJc.11�nr �! I ;r )tJfr./"; I )ivi�ic�n c l I nvi:()nm( f)h 1i fA(inn(I(im(-)nI I,),rIos R I It,rii..Ir (,('ivr,r,)r)r lnnryllinn 13 How(s_ C;rir)lary v.r7r�1 I )itnr:lr)1 MEMORANDUM TO: THROUGH: FROM: SUBJECT: WATER QUALITY SFI"'rrnN September 15, 1993 Robert Farmer Compliance Group Forrest R. Westa Water Quality or Kerry S. Bec r !`^' Environmental Technician. Red Fox Country Club LIC006 939 Bear Creek Junction N0005 SR1_ l The original owners of the Red Fox Coi.intr.y Club the property assumed by Res,-,lution T.riist Company sold to Mr. Gene Holbrook. Mr. Holbrook fines no properties as was planned .by the original {owners. site and can 'confirm that no .faciliti.er, � - ever declared bankruptcy, (RTC), and recently t plan to develop the I have visited the constructed. Bear Creek Junction has also requested rhil their permit be rescinded. The Graham Co. Health Dept. has approved the installation of on -site systems. The_one remaining residence haC haci a septic tank/drainfield installed and is awaiting final apprnvnl r,nm the Health Dept. They Are to notify us. The Schlarbs (owner-F-:) hive plans to develop the property. Fortunately, the Health nnh! has also approved the installation of an on -site system for areas. IntcrchanRc Building, 59 Woodfin Place, Asheville, N.C. 28801 • Telephone 704-1516208 An 1=r,nal Ohmrtuni,y Affirmative Actinin ErnobTyrr State of North Caroi! D artment of Environment, Nab Ith and Natural Resources i ion of Environmental Management James B. Hunt, Jr:, Governor Jonathan B. Howes, Secretary A. Preston Howard, Jr., P.E., Director September 13, 1993 I MAURICE BRACKETT RED FOX COUNTRY CLUB 2 CLUB DRIVE TRYON NC 28782 [D FE F1 f FSEPP1 51993 Subject: Request that Permit Not Be Renewed Red Fox Country Club ©icCou , File No. R � 93-058 Dear Mr. Brackett: This is to acknowledge receipt of your request that NPDES Permit No. NCO064939 not be renewed. Your request indicated that the permit is no longer needed by you due to the fact that the facility was never constructed. f By copy of this letter, I am requesting confirmation from our Asheville Regional Office that the facility never was constructed. Upon verification by the regional office that the facility was never constructed and that the permit is no longer needed, the civil penalty will be rescinded. If there is a need for any additional information or clarification, please do not hesitate to contact Robert Farmer at (919) 733-5083, ext. 531. S' ncerely, J. Kent Wiggins, Supervisor Facilities Assessment Unit cc: • ali egional Supervisor - :attachments Enforcement/Compliance File - w/attachments Central Files - Wattachments P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-7015 FAX 919-733-2496 An Equal opportunity Affirmative Action Employer 60% recycled/ 10% post -consumer paper 2 Chid Drive Tryon, NC. 28782 L 'I - w 5FP n 3 1993 �pN�i TS 4/9A� ,�/��irlePt'ir1 . iorl o.� �i1vi/Jotlules>r'q� /j%9r�q e1ylPrl7� �ivis c� O, ,gox VZ q\-f /fll/e6�l1 All ..Cr gerrt,"letvev,` /. /*. ketwl'e ,Qeckef' Dul"/!%i��� Av u/f i �y ®y QrIA -'-V,?4,e076 �yq7� . yva f'e se � 939 ` a�gfe� �y 4�� �3 /.493 >✓e ar ii� r°Li�;�' �g13�e�. cSr iICele,�� Office: 7041894-3031; Pro Shop: 7041894-8251; Fax7041894-3082 State of North Department of EnvironMeht, Health and Natural Resouroe5 Division of Environmental Mahagement James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary A.- Preston Howard, Jr., P.E., Director BARRY W HENRY RED FOX COUNTRY CLUB .. ROUTE 1 TRYON NC 28782 Subject:..._ ._,. ASSESSMgNt O1; C1 M- PENALTY FOR VIOLATION OF THE RENEWAL REQUIRI✓MENTS . ' . Red Fort Country Club NPDES PERMIT NO. NC0064939 .... '. Polk.County RV 93-058 Dear Pernnittee: , This letter transmits notice of a civil -penalty assessed against the subject facility in the amount of $250.00. ; A This, assessment is based upon the fact that -a request for. renewal of the subject permit was .not received by the Division of Environmental Management at least 180 days prior to the expiration date contained in the permit. The renewal*request requirement is contained in your permit and/or North Carolina General Statute (N.C.G.S.) 143-215,1(c). Based upon the above fact, I conclude as a rhatter of law that the subject facility violated or failed to act in. accordance with the requirements of N.C.G.S: 143-215.1. A civil penalty of not more than $10,000.00, per day, in accordance with N.C.G.S. 143-215.6A(a), may be assessed against a person who fails to comply with the terms, conditions, or requirements of a permit required by N.C.G.S: 143-215.1. Based upon the above facts and conclusions of law, I hereby assess the subject facility a civil penalty in the amount of $250.00 for violation of N.C.G.S. 143-215.1(c), pursuant to delegation - provided for by N.C.G.S. 143=215.6A(h). Any continuing violation(s) may be the subject of a new' enforcement action, including, an additional penalty. i P.O. Box 29535, Weigh, North Carolina 27626-0535 Telaphon6 919-733-i016 FAX 414-73,1-2496 An Equal Opportunity Afflrmatfve Aelion Employbf. W% tacyclad/ 16% post-c0h9um6r papet A. Within o� `,ei t of this notice you may-, thirty 30 days ( ) dY P + y 1. Submit verification that the permit is no longer needed: If the. permit is no longer needed and no wastewater will be treated by, the permitted facility, please complete the . attached request for permit rescission. Upon verification of this fact by our regional staff, the permit and the civil penalty assessment will be rescinded; OR 2. Submit verification that the wastewater treatment system W, of the permit: If the wastewater treatment system was sold or otherwise transferred to another responsible party prior to the expiration date of the permit; please complete the attached certification. Upon verification of this fact by our regional staff, the civil penalty assessment will be rescinded; OR 3. Submit paymentof the penalty: Payment should be made to the order of the Department of Environment, Health,and Natural Resources (do not enclose waiver form). Payment of the penalty will not foreclose further enforcement action for any continuing or new violation(s); OR 4. Submit a written reauest for remission or mitiQati including a detailed justification for such request: A request for remission or mitigation is limited to consideration of the reasonableness of the amount of the penalty and is -not the proper procedure for contesting the accuracy of any of the statements contained in this assessment letter. '$ecause a remission request foreclosures the option of an administrative hearing, such a request must be accompanied by a waiver of your right to an administrative hearing and a stipulation that there are no factual issues in dispute: You must execute and return the attached waiver and stipulation forty► to this office with a detailed statement which you believe establishes that: (a) one -or more of the civil penalty assessment factors in G.S. 14313-282:1(b) were wrongfully'applied to.the detriment of the petitioner; (b) the violator promptly abated continuing environmental damage resulting from the violation; (c) the violation was inadvertent or .a result of an accident; (d) the violator had not been assessed civil penalties for any previous violations; and/or (e) payment of the civil penalty Will prevent payment for the remaining necessary remedial actions. OR 5. Submit a written .4gest for an administrative hearing:' If you wish to contest this civil penalty assessment lettet, you must request an administrative hearing. This request must be in the form of a written petition, conforming to Chapter 150B of the North Carolina General Statutes, and ` filed with the Office of Administrative Hearings, Post Office Drawer 27447, Raleigh, North Carolina 27611-7447&- A copy of the petition must be served on: _ General Counsel Department of Environment, Health and Natural Resources P.O. Box 27687 Raleigh, North Carolina 27611-7687 If options 1, 2, 3, or 4'are chosen, please send your payment or response to the following address: Nit. Robert Farmer Department of Environment, Health and Natural Resources Division of Environmental Management Water Quality Section Post Office Box 29535 Raleigh, North Carolina 27626-0535 Failure to exercise one of the options above within thirty days, as evidenced by a date stamp (not a postmark) indicating when we received your response, will result in this matter being referred to the Attorney General's Office with a request to initiate a civil action to collect the penalty. If it is not demonstrated to us that your conduct of the .permitted activity has ceased or will eease by the permit expiration date, failure to apply for a permit extension within 30 days of receipt of this letter will result in the assessment of additional penalties. If the permit expired or expires prior to the permit reissuance, the permittee will be subject to additional penalties for the operation of a wastewater treatment facility without a permit. If you have any questions, please do not hesitate to contact Mr. Robert Farmer at 919/733=5083, ext. 531. Sincerely, A. Preston Howard, "Jr., P.E. . Attachments cc: Water Quality Regional Supervisor Compliance/Enforcement File Central Files . { State of North Caroil ria Department of Environment, Health and Natural Resources Division of Environmental Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary A. Preston Howard, Jr., P.E., Director E D 0EHNF = 1, i August 23, 1993 CERTIFIED MAIL RETURN RECEIPT REQUESTED BARRY W HENRY RED FOX COUNTRY CLUB ROUTE 1 TRYON NC 28782 Subject: Dear Permittee: ASSESSMENT OF, CIVIL PENALTY FOR VIOLATION OF THE RENEWAL REQUIREMENTS Red Fox Country Club NPDES PERMIT NO. NCO064939 Poikty RV 93-058 This letter transmits notice of a civil penalty assessed against the subject facility in the amount of $250.00. This assessment is based upon. the fact that a request for renewal of the subject permit was not received by the Division of Environmental Management at least 180 days prior to the expiration date contained in the permit. The renewal request requirement is contained in your permit and/or North Carolina General Statute (N.C.G.S.) 143-215.1(c). Based upon the above fact, I conclude as a matter of law that the subject facility violated or failed to act in accordance with the requirements of N.C.G.S., 143-215.1. A civil penalty of not more than $10,000.00 per day, in accordance with N.C.G.S. 143-215.6A(a), may be assessed against a person who fails to comply with the terms,'- conditions, or requirements of a permit required by N.C.G.S. 143-215.1. Based upon the. above facts and conclusions of law, I hereby assess the subject facility a civil penalty in the amount of $250.00 for violation of N.C.G.S. 143-215. 1 (c), pursuant to delegation provided for by N.C.G.S. 143-215.6A(h). Any continuing violation(s) may be the subject of a new enforcement action, including an additional penalty. P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-7015 FAX 919-733-2496 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post-consumer.paper Within thirty (30) days ;r�zceipt of this notice, you may: 1. Submit verification that the permit is no longer needed: If the permit is no longer needed and no wastewater will be 'treated by the permitted facility, please complete the attached request for permit rescission. Upon verification of this fact by our regional staff, the permit and the civil penalty assessment will be rescinded; OR 2. Submit verification that the wastewater treatment system was transferred to another responsible pM 12rior to expiration of the permit: If the wastewater treatment system was sold or otherwise transferred to another responsible party prior to the expiration date of the permit, please -complete the attached certification. Upon verification of this fact by our regional staff, the civil penalty assessment will be rescinded; OR 3. Submit payment of the penalty: Payment should be made to the order of the Department of Environment, Health,and Natural Resources (do not enclose waiver form). Payment of the penalty will not foreclose further enforcement action for any continuing or new violation(s); OR 4. Submit a written request for remission or miti ag tion including a detailed justification for such request: A request for remission or mitigation is limited to consideration of the reasonableness of the amount of the penalty and is not the proper procedure for contesting the accuracy of any of the statements contained in this assessment letter. Because a remission request foreclosures the option of an administrative hearing, such a request must be accompanied by a waiver of your right to an administrative hearing and a stipulation that there are no factual issues in dispute. You must execute and return the attached waiver and stipulation form to this office with a detailed statement which you believe establishes that: (a) one or more of the civil penalty assessment factors in G.S. 143B-282.l(b) were wrongfully applied to the detriment of the petitioner; (b) the violator promptly abated continuing environmental damage resulting from the violation; (c) the violation was inadvertent or a result of an accident; (d) the violator had not been assessed civil_ penalties for any previous violations; and/or (e) payment of the civil penalty will prevent payment for the remaining necessary remedial actions. - •o 5 . Submit a written request for -an administrative hearing: If you wish to contest this civil penalty assessment letter, you must request an administrative hearing. This request must be in the form of a written petition, conforming to Chapter 150B of the North Carolina General Statutes, and filed with the Office of Administrative Hearings, Post 1 Office Drawer 27447, Raleigh, North Carolina 27611-7447. A copy of the petition must be served on: General Counsel Department of Environment, Health and Natural Resources P.O. Box 27687 Raleigh, North Carolina 27611-7687 If options 1, 2, 3, or 4 are chosen, please send your payment or response to the following address: Mr. Robert Farmer Department of Environment, Health and Natural Resources Division of Environmental Management Water Quality Section Post Office Box 29535 Raleigh, North Carolina 27626-0535 Failure to exercise one of the options above within thirty days, as evidenced by a date stamp (not a postmark) indicating when we received your response, will result in this - matter being referred to the Attorney General's Office with a request to initiate a civil action to collect the penalty. If it is not demonstrated to us that your conduct of the permitted activity has ceased or will cease by the permit expiration date, failure to apply, for a permit extension within 30 days of receipt of this letter will result in the assessment of additional penalties. If the permit expired or expires prior to the permit reissuance, the permittee will be subject to additional penalties for the operation of a wastewater treatment facility without a permit. ' If you have any questions, please do not hesitate to contact Mr. Robert Farmer at 91gn33-5083, ext. 531. Sincerely, F A. Preston Howard, Jr., P.E. ` Attachments cc: Water Quality Regional Supervisor Compliance/Enforcement File Central Files r" STATE OF NORTH CAROLINA COUNTY OF IN THE MATTER OF ASSESSMENT) OF CIVIL PENALTIES AGAINST ) [name of permittee] ) ENVIRONMENTAL MANAGEMENT COMMISSION WAIVER OF RIGHT TOAN ADMINISTRATIVE HEARING AND STIPULATION OF FACTS File No. Having been assessed civil penalties totaling for failure to timely apply for renewal of NPDES Permit No., as set forth in the assessment letter.of the Director of the Division of Environmental Management dated , the undersigned, desiring to seek remission of the civil penalties, does hereby waive the 'right to an administrative hearing in the above -stated matter and does stipulate that the facts are as alleged in the assessment letter. This the ' day of •, 19_ BY Address Telephone REQUEST THAT PERMIT BE RESCINDED WASTEWATER TREATMENT SYSTEM NOT CONSTRUCTED OR WAS REMOVED FROM USE DO HEREBY CERTIFY THAT THE WASTEWATER TREATMENT SYSTEM PERMITTED UNDER PERMIT NUMBER ISSUED TO IS NO LONGER TREATING ANY WASTEWATER AND THAT I WISH TO HAVE THIS PERMIT RESCINDED. I CERTIFY THAT THIS WASTEWATER TREATMENT SYSTEM WAS LAST UTILIZED ON (IF, THE SYSTEM WAS NEVER CONSTRUCTED, PLEASE FILL IN THE BLANK WITH "NEVER CONSTRUCTED".) I, DO HEREBY CERTIFY THAT THIS WASTEWATER TREATMENT SYSTEM WILL NOT BE OPERATED AFTER THE RESCISSION OF THE REQUIRED PERMIT AND' I REALIZE THAT THE OPERATION OF A WASTEWATER TREATMENT SYSTEM WITHOUT A VALID PERMIT 'IS SUBJECT. TO A CIVIL PENALTY J ' OF UP TO $10,000 PER DAY. SIGNED THIS THE DAY OF 10 19 TYPE OR PRINT NAME , TYPE OR PRINT TITLE ADDRESS: TELEPHONE_: (TYPE OR PRINT RE(Z'��JT. THAT PERMIT NOT BE RE.,�"WED TRANSFER OF WASTEWATER TREATMENT SYSTEM, DO HEREBY CERTIFY THAT THE WASTEWATER TREATMENT SYSTEM PERMITTED UNDER PERMIT NUMBER ISSUED TO HAS BEEN SOLD OR OTHERWISE TRANSFERRED TO ANOTHER PERSON AND THAT I DO NOT WISH TO HAVE THIS PERMIT RENEWED IN MY NAME. I CERTIFY THAT THIS WASTEWATER TREATMENT SYSTEM WAS OR WILL BE LAST UTILIZED BY ME ON (IF THE SYSTEM WAS NEVER CONSTRUCTED, PLEASE FILL IN THE BLANK WITH "NEVER CONSTRUCTED".) DO HEREBY CERTIFY THAT THIS WASTEWATER TREATMENT SYSTEM WAS SOLD OR OTHERWISE TRANSFERRED TO THE FOLLOWING PERSON ON NAME TELEPHONE ,19 (TYPE OR PRINT) DO HEREBY CERTIFY THAT THIS WASTEWATER TREATMENT SYSTEM WAS NOT OR WELL NOT BE OPERATED BY ME AFTER THE EXPIRATION OF THE REQUIRED PERMIT AND I REALIZE THAT THE OPERATION OF A WASTEWATER TREATMENT SYSTEM WITHOUT A VALID PERMIT IS SUBJECT TO A CIVIL PENALTY OF UP 70 $10,000 PER DAY. SIGNED THIS THE DAY OF ,19_ BY (CONT.) (CONT.) TYPE OR PRINT NAME TYPE OR PRINT TITLE ADDRESS: TELEPHONE: (TYPE 'OR PRINT) j. State of North Carolina tz, ter Quality Stction MAY 3 0 1991 Asheville Regional Of m, Asheville, North Carolina Department of Environment, Health, and Natural Resources Division of Environmental Management 512 North Salisbury Street • Raleigh, North Carolina 27611 James G. Martin, Governor . George T. Everett, Ph.D. William W. Cobey, Jr., Secretary Director May 24, 1991 Mr. Barry W: Henry Red Fox Country Club Route 1 Tryon, North Carolina 28782 Subject: Chlorine Toxicity NDPES Permit No. NCO065242-Red Fox Country Club Polk County Dear Mr. Henry: Chlorine, a widely used wastewater disinfectant for the treatment of coliform organisms, often remains instream in residual amounts that may prove to be toxic under critical low stream flow conditions. In the last decade, EPA assessed the potential adverse effects of chlorine to the aquatic environment and has taken steps to reduce the impacts through the development of federal criteria. In 1986, EPA recommended that all states have a chlorine standard by their next triennial review of water quality standards. In revising its water quality standards in 1989, North -Carolina developed an action level for chlorine of 17 µg/l (freshwater classes only).�,In addition, the fecal coliform limit was reduced from 1000 colonies/100 ml to 200 colonies/100 ml. Under a new DEM procedure, dechlorination and chlorine limit's are now,recommended for all" new or expanding dischargers proposing the use of chlorine for effluent disinfection. The Division is reviewing chlorine levels from all existing dischargers as part of its'NPDES permit renewal process.. Our records indicate that chlorine, from your facility's effluent -discharge may be toxic to aquatic life in the receiving stream under low flow conditions; Le.,�the amount of chlorine discharged causes ,an exceedance of the instream criteria for chlorine (17 µg/1 for chronic effects and 28 µg/l for acute effects) under 7Q10 conditions (the lowest average daily flow for seven (7) consecutive days during a ten (10) year period). Action should be taken to reduce the effluent concentration of chlorine toan acceptable level: An acceptable level of chlorine in your effluent is 28 µg/l, or 0.028 mg/L If this level is not feasible, yop4 should consider dechlorination-or alternate methods of disinfection for your facility to ensure that both chlorine and bacterial limits are met. In addition, if your facility plans to undertake any phase of construction, dechlorination or, alternate disinfection should be included. However, please note that an authorization to construct must be obtained from this Division prior to any alteration to your treatment plant. Pollution Prevention"- Pays P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone 919-733-7015 An Equal Opportunity Affirmative Action Employer -2- The Division is currently reviewing its water quality regulations pertaining to chlorine. In the future, effluent limits and/or dechlorination may be required of existing facilities with chlorine problems. If the chlorine levels in your facility's effluent remain unchanged, a chlorine limit or whole effluent toxicity requirement may be added to your permit limitations. - Please feel free to call Mr. Forrest Westall of the Asheville Regional Office at (704) 251-6452, if you have any questions or comments regarding this issue. SWT/JMN cc: Asheville Regional Office Central Files 11 Sincerely, Steve W. Tedder Water Quality Section Chief Pollution Prevention Pays P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone 919-733-7015 An Equal Opportunity Affirmative Action Employer NPDES WASTE LOAD ALLOCATION PERMIT NO.: NC0064939 PERMPITEE NAME: Capstone Development Group / Red Fox Facility Status: -Existing. Permit Status: Renewal Major Minor �. Pipe No. • 001 Design Capacity: 0.040 &0.080 Gp Domestic (% of Flow): 100 Industrial (010 of Flow): Continents: This facility will later exuand,to 0.080 MGD, RECEIVING STREAM: Hooper Creek Class: C Sub -Basin: 03-08-" Reference USGS Quad: G10NW (please attach) County: Polk Regional Office: Asheville Regional Office Previous Exp. Date: 3/31/91 Treatment Plant Class: 1 Classification changes within three miles: . No chany-e within three miles. Requested by: Mack Wi s Date: 8/30/90 Prepared by: I ti Date: " P Reviewed by: _ Date: 0 Iq 0 oo. 3s' "' . 13 r 86v„ S 7_1 Z # . :rM,✓ 9 40- 5'83 Modeler. � Date Rec. - 2 1. Drainage Area (mi ) AS Avg. Streamflow (cfs):.. 3. -r 7Q10 (cfs) �- `� Winter 7Q10 (cfs) I. '�" 3002 (cfs) Toxicity Limits: IWC % Acute/Cl Tc 'V; InstrearnMonitoring: Water -Quality Sectin U4 Parameters DEC 1990 Upstream ''� Location Downstream Location . , 'ii r=' «onal Office` Asfipyilip rt rolina o .o>lo G� 9 mrr" E Characteristics irMhfb� 6lM tiv YMv Wv.�Yl�q„ BOD5 (m ) 30 36 30 30 NH -N (mg/1) 3 12.3 tk'r✓ }u�ri(av (P. 6 (AT) 19 6 D.O. (mg/1) ror N� N/ N✓ TSS (mg/1) 30 30 36 3 0 F. Col. (/100 ml) Ze o 2 o o solo Z o 6 PH(SU) Effluent c+ Request No.:5834 A I ! o t.>. ------------------- WASTELOAD ALLOCATION APPROVAL FORM ------------------- Facility Name: NPDES No.: Type of Waste: Status: Receiving Stream: Classification: Subbasin: County: Regional Office: Requestor: Date of Request: Quad: CAPSTONE DEV. CO./RED FOX COUNTRY C7 E D NCO064939 10-0% DOMESTIC EXISTING, RENEWAL HOOPER CREEK C 030806 POLK ARO ` WIGGINS 9/4/90 G10NW -------------------- RECOMMENDED EXIST. LIMITS Wasteflow (mgd) BOD5 (mg/1) : 30 NH3N (mg/1) : NR DO (mg/1) : NR TSS (mg/1) : 30 Fecal coliform (#/100ml) : ) 0 00 pH (su) : 6-9 a er Quality Section 0CT 22 1Qgn Drainage area: lgjarl-Off+ce Summer 7Q10 : AAeAl RgA Carohn,� Winter 7Q10: , 1.40 cfs Average flow: 3.80 cfs 30Q2: cfs EFFLUENT LIMITS -------------------------- NH3 CHOICE {?WPose4 � I W1 SUMMER WINTER Q'.04' 0`04 . 30 30 12.3 ,7 P40'vt173r. NR 30 NR 30 A µ3iN (/ISM. 200 200 -6-9 6-9 `...�.•rS Toxicity Testing.Req.• Y N N CHRONIC/CERIODAPHNIA/QRTRLY @ 6.0 :A,c, ,�'� nioT YCT ..vT.3 ---------------------------- MONITORING ----------------- ------------------- Upstream (Y/N): N Location: Downstream (Y/N): N Location: ------------- ----------------- COMMENTS ---------------------------------=---- _kFACILITY SHOULD BE GIVEN THE OPTION OF EXISTING LIMITS W/ TOXICITY'TEST OR AMMONIA CHOICE LIMITS. *NOTE: ALTHOUGH A TO C HAS BEEN ISSUED, NO CONSTRUCTION HAS BEGUN AND IT APPEARS THERE ARE NO IMMEDIATE PLANS TO'CONSTRUCT. CAPSTONE SHOULD BE REQUIRED TO SHOW THAT REVISION OF LIMITS WILL CAUSE ECONOMIC HARDSHIP TO MODIFY CONSTRUCTION. PLANS. e.H't_aRj(,JC Cerr6p.. GJ((-L l3EJGAJ,6 Td F uc�Ty, ------------------------------------------------= ------------ ------------- Recommended by: Date: a Reviewed by Instream AXt: Date: Regional Sr: Date: Permits & Eng: ��� .A 1", Date: / b RETURN TO TECHNICAL SUPPORT BY: NOV 1 �,9 1990 f Request No.:5834 B ------------------- WASTELOAD ALLOCATION APPROVAL FORM ------------------- Facility Name: NPDES No.: Type of Waste: Status: Receiving Stream: Classification: Subbasin: County: Regional Office: Requestor: Date of Request: Quad: CAPSTONE DEV. CO. /RED FOX COUNTY CLUB NCO064939 100% DOMESTIC EXISTING, RENEWAL HOOPER CREEK` C 030806 Drainage POLK Summer ARO Winter WIGGINS Average 9/4/90 G10NW -----------=-------- RECOMMENDED EXIST, LIMITS Wasteflow (mgd) : 0:-0'8,1 BOD5 (mg/1) : 30 NH3N (mg/1)- NR DO (mg/1) : NR TSS (mg/1) : 30 Fecal coliform (#/100ml) : j 0_'0.0 pH (su) : 6-9 area: 2.500 sq mi ,_: •. 7Q10 : 0;. 90 -cfs 7Q10: 1:40 cfs flow: 3.80 cfs 30Q2: cfs EFFLUENT LIMITS -------,^------_--------------- NH3 CHOICE - SUMMER WINTER `0:08 ; r:O-'. 08 ¢- 30 30 ECEIVED 6. 6 AT 19.6 A ater Quality SectiM NR NR 30 30 200 200 OCT "[ �Q90 6-9 6-9 Toxicity Testing Req. • Y. N N Asheville Regional Offisa *CHRONIC/ CERIODAPHNIA/QRTRLY @ 12. ".AsheviljP. Forth Carolina --------------------- ------:MONITORING-------------- ----------------------- Ok — (A s Al 03 - M A... . Upstream (Y/N) : N Location: �,�.`,�, yy „�v- ✓. Downstream (Y/N) : N Location: ----------------------------- COMMENTS ---------------- ------------------- --- -f-FACILITY SHOULD BE GIVEN THE OPTION OF EXISTING LIMITS W/ TOXICITY TEST OR AMMONIA CHOICE LIMITS. *NOTE: ALTHOUGH A TO C.HAS BEEN ISSUED, NO CONSTRUCTION HAS BEGUN AND IT APPEARS THERE ARE NO IMMEDIATE PLANS TO CONSTRUCT. CAPSTONE SHOULD BE REQUIRED TO SHOW THAT REVISION OF LIMITS WILL CAUSE ECONOMIC HARDSHIP•TO MODIFY CONSTRUCTION PLANS. GI'!{ e12i^/6 C.eT7'CiZ' cdr4�,8E jrgwo 7a F le /7Y, ----------------------------- ----------------- =------ 7--------------------- Recommended by: viucP Date: �v Reviewed by Instream Assessment: Regional Supery Permits & Engine ing: RETURN TO TECHNICAL SUPPORT BY: NOV 13 199p Date:'//S/qd Date: 23 �D Date: Psh Wafer Quality Sectin PUBLIC NOTICE STATE OF NORTH CAROLINA DEC 2 j t90 ENVIRONMENTAL MANAGEMENT COMMISSION POST OFFICE BOX 27687 Asheville Regional RALEIGH, NORTH CAROLINA 27611-7687 AsbVille, tlorth Caroliaa NOTIFICATION OF INTENT TO ISSUE A STATE NPDES PERMIT On the basis of thorough staff review and application of Article 21 of Chapter 143, General Statutes of North Carolina, Public Law 92-500 and other lawful standards and regulations, the North Carolina Environmental Management Commission proposes to issue a permit to discharge to the persons listed below effective 2/7/91 and subject to special conditions. Persons wishing to comment upon or object to the proposed determinations are invited to submit same in writing to the above address no later than 1/23/91 . All comments received prior to that date will be considered in the formulation of final determinations regarding the proposed permit. A public meeting may be held where the Director of the Division of Environmental Management finds a significant degree of public interest in a proposed permit. A copy of the draft permit is available by writing or calling the Division of Environmental Management, P.O. Box 27687, Raleigh, North Carolina 27611-7687, (919) 733-7015. The application and other information may be inspected at these locations during normal office hours. Copies of the information on file are available upon request and payment of the costs of reproduction. All such comments or requests regarding a proposed permit should make reference to the NPDES permit number listed below. Date George T. Everett, Director Division of Environmental Management Public notice of intent to issue a State NPDES permit to the following: NPDES No. NC0064939. Capstone Development Group, Rt.1, Tryon, NC 28782 has applied for a permit renewal for a facility located at Red Fox Country Club on a private road off NCSR 1519, east of Tryon, Polk County. The facility discharges 0.080 MGD of treated domestic wastewater from one outfall into Hooper Creek, a Class C stream in the Broad River Basin which has a 7Q10 flow of 0.9 cfs. Request No.:5884�B' WASTELOAD ALLOCATION APPROVAL FORM Facility Name: CAPSTONE DEV.-CO./RED FOX.COUNTRY CLUB NPDES No.: NCO064939 Type -of ' Waste : 100% DOMESTIC Status: EXISTING, RENEWAL Receiving Stream: HOOPER'CREEK. Classification: C S I vbbasin: -030806 Drainage area: '2.500 sq.mi -County: POLK, Summer 7Q10: .0.-90 cfs Regional Office: ARO Winter 7Q10: 1.,40 cfs. Requestor: WIGGINS -Average-flow: 3.-80 cfs Date of -Request: 9/4/90 30Q2: cfs- Quad: GlONW -------------------- RECOMMENDED EFFLUENT LIMITS ------------------ ------- 'CHOICE- EXIST.. NH3 LIMITS WINTER Wasteflow (mgd): 1, -OV' 0%` -SUMMER : 0 rl111,,1 10 8 BOD5 -(mg'/l): 30 30 301 ECEIVED. -NH3N (mg/:l): NR 6.6 AT 4L. 19.6,41-3 ter Quality Sectial DO (mg/l): NR NR NR TSS (mg/.l): '30 30 3 0' ''Fecal coliform (#/100ml): 10-0-0 .200 200 -OCT 2 1990 pH (su) 6-9 Toxicity Testing Req Y, N N Asheville Regibnai Office CHRONIC/CERIODAPHNIA/QRTRLY,@ 12. - -.1aboville, North Carolina - ------------- -------------- MONITORING'-- --------- --------------- ------ Upstream (Y/N) N-1 .,Location:, Downstream (Y/N) N Location: 7 --------------------------------------- - ------------------------------ COMMENTS. -y-FACILITY SHOULD BE GIVEN THE OPTION OF EXISTING'LIMITS W/ TOXICITY TEST OR AMMONIA CHOICE LIMITS.- *NOTE:'ALTHOUGH,A-TO C HAS BEEN-ISSUED,-NOCONSTRUCTION HAS BEGUN , AND IT APPEARS THERE ARE NO I.MMEDIATE PLANS'TO CONSTRUCT. -CAPSTONE SHOULD BE REQUIRED TO SHOW THAT� REVISION -OF LIMITS:WILL CAUSE ECONOMIC HARDSHIP TO MODIFY CONSTRUCT - ION PLANS.. 6W a 12pV6 CRT-trA, Wf 4 e, 13 4r. ;"9WA 7-b F01e- / e- / TY, --------------------- ---------- -------------------- - ------ ---------------- Recommendedby: Date: lilf b Reviewed -by Instream Assessment:' Date: Regional Sup r ate: er Cj_A,* D Permits t Engine ing�l a. Date: RETURN TO TECHNICAL SUPPORT- BY: NOV-1 3 1990 10 /'8 9 Facility Name Div . �•°1 Permit # At-0166 g93.f CHRONIC TOXICITY TESTING REQUIREMENT (QRTRLY) The effluent discharge shall at no time exhibit chronic toxicity in any two consecutive toxicity tests, using test procedures outlined in: _ 1.) The North Carolina Ceriodaphnia chronic effluent bioassay procedure (North Carolina Chronic Bioassay Procedure - Revised *September 1989) or subsequent versions. The effluent concentration at which there may be no observable inhibition of reproduction or significant mortality is _L,?_% (defined as treatment two in the North Carolina procedure document). The permit holder shall perform quarterly monitoring using.this procedure to establish compliance with the permit condition. The. first test will be performed after thirty days from issuance of this permit during the months of %04 we A- a�i . Effluent sampling for this testing, shall be performed at the NPDES permitted final effluent discharge below all treatment processes. All toxicity testing results required as part of this permit condition will be entered on the Effluent Discharge Monitoring Form (MR-1) for the month in which it was performed, using the parameter i code TGP3B. Additionally, DEM Form AT-1 (original) is to be sent to the following address: Attention: Environmental Sciences Branch North Carolina Division of Environmental Management P.O. Box 27687 Raleigh, N.C. 27611 Test data shall be complete and accurate and include all supporting chemicaVphysical measurements performed in Association with the toxicity tests, as well as all dose/response data. Total residual chlorine of the effluent toxicity sample must be measured and reported if chlorine is employed for disinfection of the waste stream. - Should any single quarterly monitoring indicate a failure to meet specified limits, then monthly monitoring will begin immediately until such time that a single test is passed. Upon passing, this monthly test requirement will revert to quarterly in the months specified above. Should any test data from this monitoring requirement or tests performed by the North Carolina Division of Environmental Management indicate potential impacts to the receiving stream, this permit may be re -opened and modified to include alternate monitoring requirements or limits. NOTE: Failure to achieve test conditions as specified in the cited document, such as mininttim control organism survival and appropriate environmental controls, shall constitute an invalid test and will require immediate retesting (with in 30 days of initial monitoring event). Failure to su_ bmit suitable test results will constitute noncompliance with monitoring requirements. 7Q10 0.9' cfs Permited Flow MGD IWC% /.?.o Basin & Sub -basin 99P Of - Receiving S eam o w��clG County h/c / Recommended by: ate f7• **Chronic Toxicity_(Ceriodaplinia) P/F at A %, �/AI°��?yGOer-See Part ,Condition e „a SWE v - a �. State of North Carolina Department of Environment, Health, and Natural Resources Division of Environmental Management 512 North Salisbury Street a Raleigh, North Carolina 27611 James G. Martin, Govemor William W. Cobey, Jr., Secretary 8/30/90 George T. Everett, Ph.D. Director Mr. Barry W. Henry Capstone Development Group Subject: NPDES Permit Application Rt.1 NPDES Permit NO.NC0064939 Tryon, NC 28782 Red Fox Country Club Dear Henry Polk County This is to acknowledge receipt of the following documents on August 30, 1990: Application Form Engineering Proposal (for proposed control facilities), Request for permit renewal, Application Processing Fee of $100.00, Other , The items checked below are needed before review can begin: Application Form , Engineering proposal (see attachment), Application Processing Fee of Delegation of Authority (se_e attached) Biocide Sheet (see attached) Other If the application is not made complete within thirty (30) days, it will be returned to you and may be resubmitted when complete. This application has been assigned to Mack Wiggins (919/733-5083) of our Permits Unit for review. You wiii be advi--s-e-d of any comments recommendations, questions or other information necessary for the review of the application. I am, by copy of this letter, requesting that our Regional Office Supervisor prepare a staff report and recommendations regarding this discharge. If you have any questions regarding this applications, please contact the review person listed above. Sincerely, ECEIVED M. Dale Overca P.E. .E. Water Quality Section cc. Asheville Regional Office SEP 5 - 1990 PoDudon Prewndon Pays ce P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone 919-733-7015 Asheville Reo th Carolina s P Asheville, forth Carolina XLINA DEPT-:'-OF NATURAL RESOURCES`' COM IPtIn DEYEtOPMENT. NTAL MANAGEMENT C04MISSION~ >OLLUTANT DISCHARGE ELIMINATIOWSYSTEM A►►llc�111a Kr+brq _ ___....DN FOR PERMIT TO DISCHARGE -SHORT FORM G f0R AOENtr n 6 9 to be filed catly by services, wholesale and retail trade, usu OAi( dictivin and other coawe.rcial estabiishwents including..yessels 4 0 1of 25 DAY Do not attewpt'to co glete this fora without'reidinj'tie coo�anylr►g instrvctfons .(�.O - . .. ... _ Please Print. or. type 4.•:;. ;r� ::... , . ,... .. ... ._ n�D 1. Na�•e,. address,,: and. telephone .n$reber, of fatf li.ty._pSo,,vcin9 d1.ttMrge. , 11 A. Nave RED FOX COUNTRY 'CLUB - C.4,004b dt'rt'Lo,O�+irf1/,T.�o �. B. 3t�eet -address Rt..a.:_. _ C.. C1 ty- - Tryon E. county Polk 0. state G. Telephone No. 704 894-3031 i•-21P' 28782...... Ode /J C iy ' f z, sic (leave blanx) 3 4 AUG 2 0 1990 Number of eplployees state Deve,lopm" ent� Nature of ousiness Real E. ... - S. (a) Check here if discharge occurs All year or (D) Ch ► to tc a months) discharge occurs; 1. 0 January 2. 0 February 3. a 04reh..• 4.0 Apri l S.0Play 6.0 June 7.aJuly !l.0August 9.0 Siepteawr 10.0October 11.0hove" r 12.0December W Mpw ayny days per reek; 1 .0 1 2.0 2-3 3.0 4-5 4W6.7 6. Types of waste water disch.r©rd to surface graters �1; ZP!y►et,as. o:3liezp+,e). ; Flow. gallons per operating day Discharge per operating day 0.1-999 1000-4999 50pp•S'Ogg 10.000. 60,OOp 49,099 or more (1) (2) (3) (4) (6) A. Sanitary, daily., average X 1. Cooling voter, etc., daily average C. Other discharge($;, daily average; Specify D. MAIImulr per ooe-et- ing day for corn if-.0� dl$ChArge (all •.vDeS! rolur treated before 0111Iehar9irp (percent) Moue 0.1• 30- 65- 95- 29.9 64.9 94.9 loc (6) 1 (7) (8) 1 (9) (1c. X y iy a ii 1 E f AUG 2 0 ,1990 7. If any of the types of .paste identified in Ites 6, either treatN or um - treated, art dlsch4r9ed to places other than sstrface waters. Cheek below as asalicable_ i PERN41TS & ENUNEERING Waste rater is discharged to: 0.1-999 (1) 10*4999 (!) >i000-9999 (3) 10.00049.909 14) 50.000 or more (5) A. Mlln1L1pd1 SNa-r lystael II, Illllfl•/It'IMlllri well C. iept It tank D. Evaporation I*sgoon or pond' E. Other, specify: i 8. Nufter of separate discharge points: A.W 8. 02-9 C.0 4-5 0.0 6 or more 9. Name of rtcaiving rater or raters Hooper Creek 10. Does your discharge contain or is it possible for your discharge to contain one or more of the follotiing %vbstanCts jggd as a result of your "orations. activities, or processes: asseonia, cyanide, alumna, beryllium. Cadmium.eee chromium, copper, lead, 0orcu. nickel, selenium, 1111C, phls, ail and grease, and chlorine (residual . A.dlns 8.0 no 1 certify that 1 an familiar with the inforu tion contained in the aOplieatiON and that to the best of my knowledge end belief such information is true, Caaplete, end accurate. Barry W. Henry Printed Name of Person Signing to Aoolication General Manager Title / W puture of AppYic&At `:orth Carolina General Statute 143-215.6(b)`(2) provides that: Any person who Imovingly maw any false statement representation, or certification In an* applieat4ons'record, report, p:: or other document files -or required to be saintained wwWr Article 21 or regulations of t-e En,rironmental *(anagetsant Commission iaplsmanFU4 that Artielas or who falsifies, tempers Lr knowly renders inaccurate any recording or tmonitorinj QrViea or method required to be e,�erated or thain%ained under Artials 21-ot regulations -of the Envirom atal Kmajou nt Cow _ ..,_e=entinR that Article, sihali -of a siiedassaaaor punishable by a fine not to cYct or by iarprisonawnt not to exceed six months, or by both. (18 V.S.C. Section 1351 F: A. punis`=en: by a fine of'aiot more than $10,000 or inprisounstnt not tore than 5 years, or br a sinilar o`frnse.) R. DANIEL LOOPER P.E. HUSSEY, GAY & BELL INTERNATIONAL ROY HUSSEY P.E. BE41AMIN E. GAY P.E. ENGINEERS & ARCHITECTS GUS H. BELL P.E. RICHARD B. DeYOUNG - P.E. - - JERRYL$MILLER ARCH. r AUG 20 1990 PRELIMINARY ENGINEERING REPORT CAPSTONE DEVELOPMENT COMPANY PEPS ITS & ENGINFEPINC, TRYON,-NC. -_ DESCRIPTION OF WASTE The waste will bedomestic in origin- with almost-aTl of it being generated by the proposed 325 residential" nits. A small amount of domestic waste will be generated from a small hotel and one or two restaurants. No industrial process waste or cooling-. waters are expected to be discharged into this system. PROPOSED TREATMENT WORKS The proposed treatment works will consist of two parallel 40,000 gpd package waste treatment plants utilizing the activated sludge process. It is anticipated that one 40,000 gpd treatment plant will be installed initially and the second plant will be installed when the flows approach capacity for the 40,000 gpd plant. Effluent discharged from the proposed treatment works is expected to have no more than 30 mg/liter BOD and 30 mg/liter suspended solids. LOCATION Attached to this report is a xerox copy of part of a USGS quadrangle map entitled Landrum South Carolina -North Carolina provisional additional 1983. The proposed treatment works will be located at East 82°, 08', 15" longitude, North 350, 12', 17" latitude. , Ray Dar;iel Looper, P.E. Norti, Carr,lina Registration No. 2993 fl a Q I� f 1, o a jl O U 302-i Cti � b oo J X 3 t p osr R O dge•, ter— 30 \ I � � ' "d Pacold ill 28Z T\ .p 291 Ism .• LAC" COS". 1 ,bi-4RTAN9UR6 i;t9 LOCATION PLAN Proposed Wastewater Treatment Plant Capstone Development Company use 3897 - 12' 30- 7896 7895 3894 3893 Y ti Y 1 k7 i> Y � � xt 00 �, WASTEWATERS r , ;� 1990 TREATMENT*,. ' PLANT SITE' L,rYF' ter V. . Y " SCALE IN FEET PLOT PLAN PROPOSED WASTEWATER TREATMENT PLANT NORTH CAROLINA`DEPARTMENT OF NATURAL RESOURCES AND COM N.ITY DEVELOPMENT`= ENVIRONMENTAL MANAGEMENT -COMMISSION — -' NATIONAL POLLUTANT °:DI'SCNARGE; :ELIMINAI.ION-LSI TEM�M- ..APPLICAT.ION FOR. PERMIT_TO DISCHARGE: SHORT FORM D FOR .AGENCY To be filed only by services, -wholesale and retail trade, llSE and--other-comaercial-establishments including vessels -•- APPL I C-ATI ON -=NUMBER DATE RECEIVED :"..:...:..YEAR - :.: MO. DAY Do not attempt to -complete this form mithout reading -the accompanying instructions Please -print or. type. _ .. 71. Name, address; -and telephone number.of-facility producing discharge - A. -Name.. Cabs tone'DeVel:opiTae it- Co. - %Red Fox Country •C1 ub . B. Street address- Rt` 1 C. city Tryon D. State North C ro Ina E: County'- k . , :: :. - _ :-F: zIP-.._28782:G. Telephone No. 704 894-8251 Area Code - 2 SIC (Leave blank) 3. Number of employees '.'Nature of business 'Real Estate Development 5. (a) Check here if discharge occurs all year d,_or (b) Check the month(s) discharge occurs: 1 .0 January 2. 0 February - 3. 0 March 4.0 April 5. ciMay b. 0 June 7.0 July B. 0 August 9.0 September 10.0 October 11. 0 November 12.a December (c) How many days Der week: 1.0 1 2.0 2-3 3.0 4-5 4X65-7 b. Types of waste water discharged to surface waters only (check as aDDlicabie) gallons per operating day Volume treated before -Flow, discharging (percent' O schtrce' per 0.1-999 1000-4999 5000-9999 i0,000- 50,000 None o_l- 3C- ES- 45- operatiro cav 49,999 or more 29.9 C-4_9 94.9 lZ0 (1) ( (2) ('i (4) (5) (o) (7) (r) ;9} _00) A. "Sanitary, dai13• average X I X B. Cooling water, etc.,, daily average C. Other discharge(s), daily average; Specify D. Maximum per..Operat- .Ing,day for .combined < discharge (all types) it any- c. the type' waste ltified to item o, either tre or un treated, are dischj..7,.J to p _, other than surface waters, _.--_c beip as appiicable_ waste water is discharged to: 0.1-999 (1) 100014999 (2) 5DOO-9999 ..., "(3) 1io,000-49,999 (4) 50,000 or more t-5)..... A. Mun i t. i ild l u-wt-r .y-Acm = �I• 1111111• 1,11-11111ld wl'I I _ C. Septic tank D. Evaporation lagoon or pond E. Other, specify: - 8. Number of -separate discharge points: A)(IA 1 B. 02-3 C.o 4-5 D.0 E or more 9. Name. -of receiving water or -waters Hooper Creek 10. Does your discharge contain or is it possible for your discharge to contain one or more of the following substances added as a result of your operations, activities, or processes: ammonia; cyanide; aluminum, beryllium; cadmium, chromium, copper, lead, mercury, nickel, selenium, zinc. phenols, oil and grease, and chlorine (residual). A, 6�es - B.13 no I certify that I am familiar with the information contained in the application and that to the best of my knowledge and belief such information is true, complete, and accurate - Wilber E . Hood:_ Printed Name of Person Signing Partner Title Nov. 11, 1985 Date Application Signed 51�gRftire of Appli North Carolina General Statute 143-215.6(b)(2) Provides that: Any person who luiowinglti makes any false statement representation, or certification in any application, record, report, plan, or other document files or required to be maintained under Article 21 or regulations or the Environmental Management Commission implementing that Article, or who falsifies, tampers with, or knosJly renders inaccurate any recording or monitoring device or method required to be operated or maintained under Article 21 or regulations of the Environmental M--anagement Commissi, implementing that Article, shall be -guilty -of a misdemeanor-punishab-le---by a fine -not -to --exceed. $l0;-00r), or by imprisonment -not to .eexceed six months, or _by :both. (1-8 U4 "C.'-Sect .1.001 provil a punishment by a fine of not more :than-$10,000 or imprisonment not more::than.5..years,,. or both, for a similar offense.) 0 DESI HUSSEY, GAY & BELL INTERNATIONAL ENGINEERS & ARCHITECTS IPTION OF WASTE PRELIMINARY ENGINEERING REPORT .CAPSTONE�DEVELOPMENT COMPANY TRYON,.NC The waste will be domestic in origin with almost all of it being generated by the proposed 325 residential units. A small amount of domestic waste will be generated from a small hotel and 11 one or two restaurants. No industrial process waste or cooling waters areexpected to be discharged into.this system. POSED TREATMENT WORKS R. DANIEL LOOPER P.E. ROY HUSSEY P.E. BENJAMIN E. GAY P.E. GUS H. BELL P.E. RICHARD B. DeYOUNG P.E. JERRY L. MILLER ARCH. The proposed treatment works will consist of two parallel 4091OOO gpd package waste treatment plants utilizing the activated sliidge process. It is anticipated that one 40,000 gpd treatment plant will be installed initially and the second plant will be in"tailed when the flows approach capacity for. the 40,000 gpd plant. Effluent discharged from the proposed treatment works is expected to�have.no more than 30 mg/liter BOD and' 30 mg/liter suspended solids. LOCATION I Attached to this report is a Xerox copy of part of a USGS quladrangle map entitled Landrum South.Carolina-North Carolina provisional additional 1983. The proposed treatment works will be located at East 820,.-08', 15" longitude, North 35°, 12', 17" latitude. N Ray Daraie1 `LE. North. Ca°r��l_iiia-RE.g-rtration No. 2993 000 PARK STREEToP.O. BOX 7967oCOLUMBIA, SOUTH CAROLINA� --' (803)-7 9=0444•TELEX: 804765 HGBSAV �l t\�� ✓ J 15! y I B - — 1 p 302-i x IM 31 � s I n = 15V 1.50 •,o w�a�o 1520 lit1 '11 o �' ooHtiSz'h ,� .� •:� ) x \� gy 3 �r� ad Wl d55. C&4 Re G —� i . r� ountry�Club :•' u yKIM-`; ? . �- o� I p _ 1 •, 26 � / .ANn / a 1 o n + I Pacolet 1 28 �'••'• �'// _ 2-% ��NOAVM A 6M �((\\) • I ��S ( 1 �^�- � � -1 - - — - - - ,152or P • 1 •1 (! �._ 1 L? _ l CO_ � ��B%TA/NB UR 1lG TCp 1�19 .,. - - ;7 - n�-`,� River r 11' 01 r .• F \ O �� o=� �� LOCATION PLAN Proposed Wastewater Treatment Plant Capstone Development Company 3898 3897 12' 30" 3898 3895 3894 3893 o CRC 340 OOp WASTEWATER TREATMENT n PLANT SITE 6w��41 I- I SCALE IN FEET HOOPER CREEK PLOT PLAN PROPOSED WASTEWATER TREATMENT PLANT CAPSTONE DEVELOPMENT COMPANY 115z \ ` : Feniel\ t 1 — ,r-•^, �v � - �, it it i r , �, t • i— , f � I �, �� y. r,._..r �, t t �° /---'_ i'^.-f-ri';.,,:: ,� t �` : i 11 ✓,�`J- f�`� �.�I t r- i J� ,. j u .ate -. t. / .9�1 :t1 �Yr''u' .`�r' 2-! r-:rr�.. �, 1 'sx .��'{r ` ._( ���,1 '--1�/i_ 1.-. F '3 111 37,E // a .�•... i q '1 z't"S �s ,,y r / � �- ../ 1511;'✓a .�, r �i. t � t � r..r _ i'' h r -s , -� -' 1 13a98s , � `�'��-. J L. •-ate '� \., � y T y,' ,U`� \_ •. ji it t % ✓ , /y` \ 5 �, _f-'- `t a =j� •li �'-, `.Uniom Grove .. Ch I 1518 r _ "o Country Club. h I -Earle, 1� Bndoy�`��' y� vr� 3596 \ t ,�'_"`�ti_ , � '��` -i_, � �!� `- — ^`f �%J-. • �'` <--- ter/ \�\� �'I \.. i d �� __— � `t- - //` •'l l`� _ _' - S - ems, -.��� C,�� � r /', •' — f ,. _ ! ••Q _ _ - - PacoletYltlls r — ch Lf:r;: 1520 -POLK _ CO_ �SPARTANBURG A =� yf \ t P,tuer June 19, 1990 SAMUEL MORRIS, III RED FOX LTD. PARTNERSHIP C/O P.O. DRAWER 14 HILTON HEAD ISL, SC 29938 Subject: NPDES PERMIT NO. NCO064939 POLK COUNTY Dear Permittee: The subject permit issued on 4/24/86 expires on 3/31/91. North Carolina General Statute (NCGS) 143-215.1(c) requires that an application for permit renewal be filed at least 180 days prior to the expiration date. As of the date of this letter, the Division of Environmental Management had not received an application for renewal. If operation of a discharge or waste treatment facility is to occur after the permit's expiration date, or if continuation of the permit is desired, it must not be allowed to expire. A renewal request must be submitted no later than 180 days prior to the permit's expiration date. Operation of the waste treatment works or continuation of a discharge after the expiration date would constitute a violation of NCGS 143-215.1 and could result in assessment of civil penalties of up to $10,000 per day. If continuation of the permit is desired, failure to request renewal at least 180 days prior to expiration will result in a civil assessment of at least $300 00• larger penalties may be assessed depending upon the delinquency of the request. A renewal application shall consist of a letter requesting permit renewal along with the appropriate completed and signed application form (copy attached), submitted in triplicate, referenced in Title 15 of the North Carolina Administrative Code (15 NCAC) Subchapter 2H .0105(a). Primary industries listed in Appendix A of Title 40 of the Code of Federal Regulations, Part 122 shall also submit a priority pollutant analysis in accordance with Part 122.21. A processing fee must be submitted with the application. In addition to penalties referenced above, a permit renewal request received after the expiration date will be considered as a new application and will require the higher application fee. Water Quality Section JUN22_1990 ,Asheville RegionakOffice ,Asfievilae, North Carolina Attached is a copy of the fee schedule from 15 NCAC 2B.0105(b). The application processing fee is based on the design or permitted flow, whichever is appropriate, listed in the first five categories of facilities. -Presently, no facility is allowed to submit a fee for the general permits listed in the schedule since the Environmental Protection Agency has not approved the State of North Carolina's general permit. If the facility covered by this permit contains some type of treatment works, a narrative description of the sludge management plan must be submitted with the application for renewal. The Environmental Management Commission adopted rules on August 1, 1988, requiring the payment of an annual fee for most permitted facilities (see attached 15 NCAC 2H .0105(b) regulations). You will be billed separately for that fee (if applicable), after your permit is approved. The letter requesting renewal, the completed Permit application, and appropriate fee should be sent to: Permits and Engineering Unit Division of Environmental Management Post Office Box 27687 Raleigh, North Carolina 27611-7687 The check should be made payable to the North Carolina Department of Environment, Health, and Natural Resources which may be abbreviated as DEHNR. If there are questions or a need for additional information regarding the permit renewal procedure, please contact me at telephone number (919) 733-5083. Sincerely, Original Signed By M. Dale Overcash M. Dale Overcash, P.E. Supervisor, NPDES Permits Group cc: �MEMKNWMIRe'�gi�oiTa�I Of�f� e Permits and Engineering TNii Central Files Request No..:5834 A ----- WASTELOAD.AL-LOCATION-APPROVAL FORM -=----------------- Facility Name: CAPSTONE. DEV. -CO. /RED FOX COUNTRY C9 C E I V E D NPDES No.: NC0'0 64 939 a er Quality Section Type, of Waste: 100% DOMESTIC, Status: EXISTING, RENEWAL. OCT 2 -2 �QA(j Receiving Stream: HOOPER CREEK. -Classification: C Subbasin: 030806. Drainage area: Ns1t"Q 1§5101%-�Office County: POLK Summer 7Q10 : AShe�Al�, , Carolima Regional Office: ARO Winter "7Q10: 1.40-cfs Requestor: WIGGINS' Average flow:. 3.80 cfs Date of Request: 9/4/90 30Q2:... cfs Quad: G10NW ------------------ -- RECOMMENDED EFFLUENT LIMITS ----- EXIST. NH3 'CHOICE ----------=----- ---- -?VDPOS LIMITS SUMMER WINTER Wasteflow (mgd) : -,-0, 04' BOD5 (mg/1) : 30 30 3.0 NH3N (mg/1) s NR 12.3 ,4T OM1761E DO (mg/1) : -TSS (mg/1) NR 30 NR 30 - NR 30 N ' : Fecal col.iform (#/100ml) : )9.60 200 200 pH (su) : 6-9 6=9 _.6-9 1-.�:... �s a - . r,a,�,•,,��-r•1 ..gar Toxicity -Testing Req. • Y N N YCT i341i'71 - HRONIC/CERIODAPHNIA/QRTRLY -@- 6X% ---------------------------- MONITORING -------------- =---------------------- Upstream (Y/N)-; N Location: _ Downstream (Y/N) ,:. N Location:' ------------=--------- ------ COMMENTS --------------=----------------=------- _)�FACILITY SHOULD BE GIVEN_ THE OPTION OF EXISTING LIMITS W/ TOXICITY TEST OR AMMONIA_ CHOICE LIMITS. *NOTE: ALTHOUGH A TO C HAS BEEN ISSUED, NO CONSTRUCTION'HAS BEGUN AND I:T . APPEARS THERE ARE NO IMMEDIATE'PLANS-TO CONSTRUCT. CAPSTONE SHOULD BE REQUIRED TO SHOW THAT REVISION OF LIMITS WILL CAUSE ECONOMIC HARDSHIP. TO MODIFY-.. 'CONSTRUCTION PLANS. ct?rr62 WILL, (3E.fEVj) -rd A+frd(.Iry, -------------------------------- ------------------------------- -------------- Recommended by: /41.) Date : Reviewed by Instream Assessme t: 2� Date: Regional Sup i or: Date: .Z3 Permit-s &'En eering: Date: RETURN TO TECHNICAL SUPPORT. BY: NOV 1';`q 19M C40«E v�6� Facility NameAta�o. �•1i`-�d�'%�.r �-��L Permit CHRONIC TOXICITY TESTING REQUIREMENT (QRTRLY) The effluent discharge shall at no time exhibit chronic toxicity in any two consecutive toxicity tests, using test procedures outlined in: 1.) The North Carolina Ceriodaphnia chronic effluent bioassay procedure (North Carolina Chronic Bioassay Procedure - Revised *September 1989) or subsequent versions. The effluent concentration at which there may be no observable inhibition of reproduction or significant mortality is L•O °10 (defined as treatment two in the North Carolina procedure document). The permit holder shall perform quarterJy monitoring using this procedure to establish compliance' -with the permit condition. The. first test will be performed after thirty days from issuance of this permit during the months of A,,V 'OV4 a cT . Effluent sampling for this testing shall be performed at the NPDES permitted final effluent discharge below all treatment processes. All toxicity testing results required as part of this permit condition will be entered on the Effluent Discharge Monitoring Form (MR-1) for the month in which it was performed, using the parameter code TGP3B. Additionally, DEM Form AT-1(original) is to be sent to the following address: Attention: Environmental Sciences Branch North Carolina Division of Environmental Management P.O. Box 27687 Raleigh, N.C. 27611 Test data shall be complete and accurate and include all supporting chemical/physical measurements. performed in -Association with the toxicity tests, as well as all dose/response data. Total residual chlorine of the effluent toxicity sample must be measured and reported if chlorine is employed for disinfection of the waste stream. Should any single quarterly monitoring indicate a failure to meet specified limits, then monthly monitoring will begin immediately until such time that a single test is passed. Upon passing, this monthly test requirement will revert to quarterly in the months specified above. Should any test data from this monitoring requirement or tests performed by the North Carolina Division of Environmental Management indicate potential impacts to die receiving stream, this permit may be re -opened and modified to include alternate monitoring requirements or limits. NOTE: Failure to achieve test conditions as specified in the cited document, such as minimum control organism survival and appropriate environmental controls, shall constitute an invalid test and will require immediate retesting(within 30 days of initial monitoring event). Failure to submit suitable test results will constitute noncompliance with monitoring requirements. 7Q10 619 cfs Permited Flow o.oy MGD ;RRmmended by: IWC%oBasin & Sub -basin wda Receiving Stream �� C^t� �County ?U41(_ PI-It/to **Chronic Toxicity (Ceriodaplinia) P/F at —o %, AV,#r?-VM OcIr, See Part _, Condition -CO: PERMITS AND ENC ,EKING UNIT WATER QUALITY Sr�%.iION DATE: September\V, 1990 NPDES_STAFF REPORT AND RECOMMENDATION COUNTY Polk PERMIT NUMBER NC0064939 PART I - GENERAL INFORMATION 1. Facility and Address: Mr. Barry W. Harry Capstone Development Group Rt. 1 Tryon,.N.C. 28782 2. Date of Investigation: Original Site Evaluation January 3, 1986 by James R. Reid. No facilities constructed to date. 3. Report Prepared By: Gary T. Tweed, P.E. 4. Persons Contract and Telephone Number: Barry W. Henry 704-894-3031 5. Directions to Site: From the intersection of SR 1519 and SR 1520 in Polk County, travel north on SR 1519 approximately 0.5 mile to a private road into RED Fox Country Club property and proceed to bridge on the private road. 6. Discharge Point(s), List for all discharge points: Latitude: 35-12-17 Longitude: 82-08-15 7. Size (land available for expansion and upgrading): Several acres 8. Topography (relationship to flood plain included): Flat 9. Location of nearest dwelling: Greater than 100 feet 10. Receiving stream or affected surface waters: Hooper Creek, a. Classification: C b. River Basin and Subbasin No.: Broad 08 C. Describe receiving stream features and pertinent downstream uses: Rural drainage PART II - DESCRIPTION OF DISCHARGE AND TREATMENT WORKS 1. Type of wastewater: 100 o Domestic o. Industrial a. Volume of Wastewater: 0.04 MGD (Design Capacity) b. Types and quantities of industrial wastewater: C. Prevalent toxic constituents in wastewater: d. Pretreatment Program (POTWs only): in development approved should be required not needed 2. Production rates (industrial discharges.only) in pounds per day; 3. Description of industrial process (for industries only) and' applicable CFR Part and Subpart: 4. Type of treatment ('specify whether proposed or existing): It is proposed to construct'a 0.04 MGD extended aeration type package, treatment facility with future expansion to 0.08 MGD. 5. Sludge handling and disposal scheme: The 0.04 MGD system will have a 6,000 gallon sludge holding tank. Area Towns will accept waste sludge. 6. Treatment plant classification: Less than 5 points; no:rating (include rating sheet). Class II 7. SIC Codes(s): 4952 Wastewater Code(s): Primary 05 Secondary 10 PART III OTHER PERTINENT-INFORMATION- 1. Is this facility, being constructed with Construction Grant funds (municipals only)? 2. Special monitoring requests - 3. Additional effluent limits requests: 4. Other: PART IV - -EVALUATION AND RECOMMENDATIONS Capstone Development Group has requested renewal of NPDES-Permit No. NCO064939- for a proposed wastewater treatment system -at Red Fox Country Club in Polk County. Authorization to construct for both the treatment facility and sewer system- have been issued;. yet, to date no facilities -have been .constructed. There are no current plans to proceed with construction. It is recommended that the proposed permit renewal be -.submitted to public notice. �\��-�,✓ alk� L( i� �XB O \ -T � � X C ° \ 4 e w� 1 3oz-- C x s Q IM 3I O �Unlo� ' �i � C M1 t Isis 1 a o � nst e_ O e ^W ?BI X _ X 9 77 \ \ Earf ` b . O cQ J 256 T ♦ ( _ Q > � �4U M y v \ X ISOOLk z SS —-�--- ' '------- ism.'—p J , _ co ��4RTANB 13i9 _ spa° x River / a 283 T / a. _j LOCATION PLAN Proposed Wastewater Treatment Plant Capstone Development Company 1°98 3897 12' 30' U96 Mss 1894 893