NC0081221_Regional Office Historical File Pre 2018

PermitRescission Form
Facility Name
it Number
DES Permit Type
arge Code(s)
Regional Office
County I leck/e
e Requested
Original Request Received by:
!Q Compliance Group 0 Regional Office P E Unit
Request Recieved in the Form. of: /
1© Signed Annual Fee Invoice Q'Letter 0 Other..µ.
Please Check Appropriately
()Site Visit Performed
0
Groundwater Concerns Addressed (Should, be addressed unless Groundwater
Monitoring is not required)
Rescission of the above. referenced Permit is:
E Approved E Denied
Note: (if Approved) This permit will be deleted from the permit tracking
system and the division billing system and if necessary inactivated on the
compliance monitoring system.
Com •lete (if Approved)
i'. Rescinded Immediately 0 Allow to Expire
Never Constructed 0 Other.,.
a Abandoned
Q Connected to CitySewer
Certifier's Name
Date
Return Completed Form to
7
Facility Assessment Unit
Pi' Fran (2/97)

State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
A. Preston Howard, Jr., P.E., Director
Octobe
KARL 'HABERYAN
PROVIDENCE NURSERY FARMS-PII*3"Y
12901 DOWNS CIRCLE
PLNEVILLE NC 28134
Dear KARL HABERYAN:
7. I997
Subject: Acknowledgement of Rescission Request
PROVIDENCE NURSERY FARMS -PINEY
NPDES Permit No. NC0081221
MECKLENBURG County
This is to acknowledge receipt of your request that NPDES Permit No. NC0083461 be
rescinded. Your request indicated that this permit is no longer needed.
By copy of this letter, I am requesting confirmation from our Mooresville Regional Office that
this permit is no longer needed. After verification by the Regional Office that the permit is no longer
needed, NPDES Permit No. NC0081221 will be rescinded.
If there is a need for any additional information or clarification, please do not hesitate to contact
Robert Farmer at [phone], ext. 531.
Sincerely,
Robert L. Sledge, Supervisor
Compliance/ Enforcement Group
cc: Mooresville Water Quality Regional Supervisor - w/attachments
Permits & Engineering Unit - Dave Goodrich - w/attachments
Compliance/Rescission Files ,- w/attachments
Central Files- w/attachments
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] FAX [phone]
An Equal opportunity Affirmative Action Employer 5O% recycled/ 10% post -consumer paper

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State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., RE., Director
Mr, Karl Haberyan
Providence Nursery Farms
12901 Downs Circle
Pineville,North Carolina 28134
August 13, 1996
(IF
is0 fiEA:1,1711,
ef N&L&„
AUG J 996
ovial ENRCHNIT NMILN'
Subject: NPDES Permit Issuaticeiluv„.,ILE 1IAL4na
Permit No, NC0081221
Providence Nursery Farms
Mecklenburg County
Dear Mr. Haberyan:
In accordance with the application for a discharge permit received on March 1, 1996, the Division is
forwarding herewith the subject 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 1508 of the
North Carolina General Statutes, and filed with the Office of Administrative Hearings, Post Office Drawer
27447, Raleigh, North Carolina 27611-7447. Unless such demand is made, this decision shall be final and
binding,
Please take notice this 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 Water Quality 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 Mack Wiggins at telephone number [phone], extension 542.
Sincerely,
Original Sired
David A. Goodrich
A. Preston Howard, Jr,,
cc: Central Files
Mooresville Regiottal Office.
Mr, Roosevelt Childress, EPA
Permits and Engineering Unit
Facility Assessment Unit
P.Q. Box 29535, Raleigh, North Carolina 27626-0535
An Equal Opportunity Affirmative Action Employer
Telephone [phone] FAX [phone]
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Permit No. NC0081, 221
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT, HEALTH, AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
PERMIT
TO DISCHARGE WASTEWATER UNDER THE
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTE
In compliance with the provision of North Carolina General Statute 14.3-215.1, other lawful standards
and regulations promulgated and adopted by the North Carolina Environmental Management
Commission, and the Federal Water Pollution Control Act, as amended,
Karl Haberyan.
is hereby authorized to discharge wastewater from a facility located at the
Providence Nursery Farms
12901 Downs Circle
Pineville
Mecklenburg County
to receiving waters designated as Sugar Creek in the Catawba River Basin
in accordance with effluent Iimitattc ns, monitoring requirements, and other conditions set forth in Parts I,.
II, III, and IV hereof.
The permit shall become effective September 1, 1996
This permit and the authorization to discharge shall expire at midnight on August 31, 2001
Signed this day August 13, 1996
Ori ana
David AW
A. Preston Howard, Jr.", P.E., Director
Division of Water Quality
By Authority of the Environmental Mangement Commission

is hereby authorized to:
SUPPLEMENT TO PERMIT COVER SHEET
Karl Habetyan
Permit Noi .NC0081221
N.C1: DEPT: ir*.
ANNTRONKFR.rf..N.EALTii..
ForsouRclits...
AUG G 1996
plvisloN FNUROOMENTAL MANAGENE
ONESIILE RICONAL OFFICE
1 „ After receiving an Authorization to Construct from the Division of Water Quality, construct and
operate a 0.0012 NIGID W as tew ater treatment facility located at Providence Nursery F. s,
12901 Downs Circle, Pineville, Mecklenburg County (See Part III of this Pe it), and
2, Discharge from said treatment works at the location specified on the attached map into Sugar
Creek which is classified Class C waters in the Catawba River Basin,

ROAD C .ASSIFICAT
5' 5' c'" Long: 80°53"2t
ap # G15NW Sub -basin 03•08-34
Stream Class C
discharge Class 100% DOMESTIC
Receiving Stream Sugar Creek
Permit exp. 08/31/2001
SCALE 1:24 000
0
000 FEET
1 KILOMETER
CONTOUR INTERVAL 2 METERS
Providence Nursery Farms
NC0©81221
Mecklenburg County

A. ( ). EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS SUMMER (April I - October 31) Permit No. NC00812.2I
During the period beginning on the effective date of the permit and lasting until expiration, the Perrnittec is authorized to discharge from
outfall(s) serial number 001. Such discharges shall be limited and monitored by the permittee as specified below:
Flow
BGD, 5 day, 20°C
Total Suspended Residue
NH3 as N
Dissolved oxygen"
Fecal Coliform (geometric mean) 200.0 /100 ml
Total Residual Chlorine
Temperature
Conductivity
Temperature
Monthly Avg,
0.0012 MGD
12.0 mg/I
30.0 mg/I
2.0 mg/I
Weekly Avg,
Monitoring Requiremn+ nts
Meaiuremint $amipte *sample
Daily Max Frequency Tune Location
Weekly Instantaneous I or E
18.0 mg/I 2/Month Grab E
45.0 mg/I 2/Month
2/Month
Weekly
400.0 /100 ml 2/Month
28.0 pg/I 2/Week
Weekly
Weekly
Daily
Grab E
Grab E
Grab E, U, D
Grab E, U, D
Grab E
Grab U,D
Grab E,U,D
Grab E
* Sample locations: E --Effluent, I - Influent, U - Upstream 100 feet above the discharge point, D - Downstream below the discharge point at
Highway 51.
** The daily average dissolved oxygen effluent concentration shall not be less than 5.0 argil.
The p%{ 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. ( ). EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS WINTER (November 1 - March 31) Permit. No, NC0081221.
Dining the period beginning on the effective date of the permit and lasting until expiration, the Pennittee is authorized to discharge from
outfall(s) serial number 001. Such discharges shall be limited and monitored by the permittee as specified below:
Effluent Chore
Flow
BOD, 5 day, 20°C
Total Suspended Residue
NH3 as N
Dissolved Oxygen"
Fecal Coliform (geometric mean)
Total Residual Chlorine
Temperature
Temperature
Conductivity
Discharoe
Monthly A g.
0.0012 MGD
12.0 mg/I
30.0 mg/I
4.0 mg/I
200.0 /100 ml
Weekly Avg,
mqnitorIng EliquIreme_nta
Measurement_ $_a rri Pie L_Sim Pig
Paily Mai Frequency Type Location
Weekly Instantaneous I or E
18.0 mg/I 2/Month Grab E
45.0 mg/I 2/Month Grab E
2/Month Grab E
Weekly Grab E, U, 0
400.0 /100 ml 2/Month Grab E,U,D
28.0 pig/1 2/Week Grab E
Daily Grab E
Weekly Grab U, D
Weekly Grab E,U,D
* Sample locations: E- Effluent, I - Influent,. U - Upstream 100. feet above the discharge point, D - Downstream below the discharge point at
Highway 5 1 .
** The daily average dissolved oxygen effluent concentration shall not be less than 5.0 mg/I.
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 arnounts

edule
The perm shall comply with Fin
with the following schedule:
Perrinttee shall comply
specified b
PART
Effluent
nations spec
ed fo
discharges in accordance
by the effective date of the prrnit unless
Permittee shall at all ti es provide the operation and maintenance necess r to operate the
existing facilities at opt i `u efficiency.
No later than 14 calendar days followina date identified in the above schedule of compliance,
the pennittee 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
STANDARD CONDITIONS FOR NPDE
PE
TS
Part
Page
4
SECTION A. DEFINITIONS
1. Permit Issuing Authority
The Director of the Division of Water Quality„
2. DEM or the Division"
Means the Division of Water Quality, Department of Environment, Health and Natural Resources.
E1_"IC
Used herein means the North Carolina Enviroruraental Management Commission,
4. Act or 'the Act"
The Federal. Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 USC
1251, et, seq..
5. Mass/Day Measurement]
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.
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.

Part 11
Page 2 of 14
6 Qncjntration Measurement
a The "average monthly concentration," other than for fecal conform bacteria, is the sum of the
concentrations of all daily discharges sampled and/or measured during a calendar month on
which daily discharges are sarnpled 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 1 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 conform bacteria, is the sum of the
concentrations of all daily discharges sarnpled 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 I.
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.
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.

Part 11
Page 3 of 14
7. Other MeastIr rnents
a Flow, (MGD): The flow limit expressed in this perrnit 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, T
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,. Grab samples must be
representative of the discharge or the receiving waters.
9. Calculation of Mein
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.
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.

Part II
Page 4 of 14
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,
11. 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 7 the Clean Water Act.
SECTION 13, GENE 0M!IT1ONS
1. Duty to Comply
The permittee must comply with all conditions of this permit. Any permit noncompliance
constitutes a violation of the Clean Water Act and is grounds for enforcement action; for permit
termination, revocation and reissuance, or modification; or denial of a permit renewal application.
a. The permittee shall comply with effluent standards or prohibitions established under section
307(a) of the Clean Water Act for toxic pollutants and with standards for sewage sludge use or
disposal established under section 405(d) of the Clean Water Act within the time provided in
the regulations that establish these standards or prohibitions or standards for sewage sludge
use or disposal, even if the permit has not yet been modified to incorporate the requirement.
b. The Clean Water Act provides that any person who violates 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: Section 309 of the Federal Act 33
U.S.C. 1319 and 40 CFR 122.41 (a))
c. Under state law, a civil penalty of not more than ten thousand dollars ($10,000) per violation
may be assessed against any person who violates or fails to act in accordance with the terms,
conditions, or requirements of a permit. [Ref: North Carolina General Statutes § 143-215,6AI
d. Any person may be assessed an administrative penalty by the Administrator for violating
section 301, 302, 306, 307, 308, 318, or 405 of the Act, or any permit condition or limitation
implementing any of such sections in a permit issued under section 402 of the Act.
Administrative penalties for Class 1 violations are not to exceed $10,000 per violation, with
the maximum amount of any Class I penalty assessed not to exceed $25,000. Penalties for Class
II violations are not to exceed $10,000 per day for each day during which the violation
continues, with the maximum amount of any Class II penalty not to exceed $125,000.

Part Il
Page 5 of 14
2. Duty to Mitigate
The permittee shall take all reasonable steps to minior prevent any discharge or sludge use or
disposal in violation of this permit which has a reasonable likelihood of adversely affecting
human health or the environment.
Except as provided in permit conditions on "'Bypassing" (Part II, C-4) and ''Power Failures (Part II,
C-7), nothing in this permit shall be construed to relieve the permittee from any responsibilities,
liabilities, or penalties for noncompliance pursuant to NCGS 143-215.3, 143-215.6 or Section 309 of
the Federal. Act, 33 USC 1319. Furthermore, the permittee is responsible for consequential damages,
such as fish kills, even though the responsibility for effective compliance may be temporarily
suspended.
4. Oil and Hazardous Substance Liability
Nothing in this permit shall be construed to preclude the institution of any legal action or relieve
the permittee from any responsibilities, liabilities, or penalties to which the permittee is or may
be subject to under NCGS 143-215.75 et seq. or Section 311 of the Federal Act, 33 USG 1321.
Furthermore, the permittee is responsible for consequential damages, such as fish kills, even
though the responsibility for effective compliance may be temporarily suspended.
5. Property Rights
The issuance of this permit does not convey any property rights in either real or personal property,
or any exclusive privileges, nor does it authorize any injury to private property or any invasion of
personal rights, nor any infringement of Federal, State or local laws or regulations.
ti. Onshore or Offshore Construction
This permit does not authorize or approve the construction of any onshore or offshore physical
structures or facilities or the undertaking of any work in any navigable waters,
7. Severability
The provisions of this permit are severable, 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.
Duty to Provide Inform tion
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.
9. Duty to Reapply
If the pettee 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 lI
Page 6 of 14
10. Expiration o,f Permit
The permittee is not authorized to discharge after the expiration date. In order to receive
automatic authorization to discharge beyond the expiration date, the permittee shall submit such.
information, forms, and fees as are required by the agency authorized to issue permits no later than
180 days prior to the expiration date. Any permittee that has not requested renewal at least 180
days prior to expiration, or any permittee that does not have a permit after the expiration and has
not requested renewal at least 180 days prior to expiration, will subject the permittee to enforcement
procedures as provided in NCGS 143-215,6 and 33 USC 1251 et. seq.
11. Signatory Requirements
All applications, reports, or information submitted to the Permit Issuing Authority shall be signed
and certified.
a . All permit applications shall be signed as follows:
(I) 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:
(I) 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.
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 belief, true,
accurate, and complete. I am aware that there are significant penalties for submitting false
information, including the possibility of fines and imprisonment for knowing violations."

Part 11
Page 7 of 14
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. P
nand R
ina
The issuance of this permit does not prohibit the permit issuing authority from reopening and
modifying the permit, revoking and reissuing the permit, or terminating the permit as allowed by
the laws, rules, and regulations contained in Title 40, Code of Federal Regulations, Parts 122 and
123; Title 15A of the North Carolina Administrative Code, Subchapter 2H .0100; and North
Carolina General Statute 143-215.1 et. al.
14. 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 perrnit. iThe exclusive
authority to operate this facility arises under this permit. The authority to operate the facility
under previously issued permits bearing this number is no longer effective. I The conditions,
requirements, terms, and provisions of this permit authorizing discharge under the National
Pollutant Discharge Elimination System govern discharges from this facility.
SECTION C, OPERATION AND MAINT NANCE OF POLLUTION CONTROLS
Pursuant to Chapter 90A-44 of North Carolina General Statutes, and upon classification of the
facility by the Certification Commission, 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 by the Certification Commission. The permittee
must also employ a certified back-up operator of the appropriate type and any grade to comply
with the conditions of Title 15A, Chapter 8A .0202. The ORC of the facility must visit each Class I
facility at least weekly and each Class II, III, and IV facility at least daily, excluding weekends
and holidays, and must properly manage and document daily operation and maintenance of the
facility and must comply with all other conditions of Title 15A, Chapter 8A .0202. Once the
facility is classified, the permittee shall submit a letter to the Certification Commission which
designates the operator in responsible charge within thirty days after the wastewater treatment
facilities are 50% complete.
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,

3, Need
a Defe
Part II
Page 8 of 14
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
(I) 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;
(13) 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 equiprnent 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.

Part II
Page 9 of 14
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. Effect 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:
(1) An upset occurred and that the permittee can identify the cause(s) of the upset;
(2) The permittee facility was at the time being properly operated; and
(3) The permittee submitted notice of the upset as required in Part II, E. 6. (b) (B) of this permit.
(4) The permittee complied with any remedial measures required under Part II, B. 2, of this
permit,
d. Burden of proof.
In any enforcement proceeding the permittee seeking to establish the occurrence of an upset has
the burden of proof.
6. Removed Substances
Solids, sludges, filter backwash, or other pollutants removed in the course of treatment or control of
wastewaters shall be utilized/disposed of in accordance with NCGS 143-215.1 and in a manner such
as to prevent any pollutant from such materials from entering waters of the State or navigable
waters of the United States. The permittee shall comply with all existing federal regulations
governing the disposal of sewage sludge. Upon promulgation of 40 CFR Part 503, any permit issued
by the Permit Issuing Authority for the utilization/disposal of sludge may be reopened and
modified, or revoked and reissued, to incorporate applicable requirements at 40 CFR Part 503. The
permittee shall comply with applicable 40 CFR Part 503 Standards for the Use and Disposal of
Sewage Sludge (when promulgated) within the time provided in the regulation, even if the permit
is not modified to incorporate the requirement. The permittee shall notify the Permit Issuing
Authority of any significant change in its sludge use or disposal practices.
7. Power Failure..5.
The permittee is responsible for maintaining adequate safeguards as required by DEM Regulation,
Title 15A, 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,

Part II
Page :10 of 14
SECTION D, MONITORING AND RECORDS
1. Representative Sanipling
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,
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 I, 1.1, 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 Water Quality
Water Quality Section
ATTENTION: Central Files
Post Office Box 29535
Raleigh, North Carolina 27626-0535
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.
4. Test Procedures
Test procedures for the analysis of pollutants shall conform to the EMC regulations published
pursuant to NCGS 143-215.63 et. seq, the Water and Air Quality Reporting Acts, and to regulations
published pursuant to Section 304(g), 33 USC 1314, of the Federal Water Pollution Control Act, as
Amended, and Regulation 40 CFR 136; or in the case of sludge use or disposal, approved under 40
CFR 136, unless otherwise specified in 40 CFR 503, unless other test procedures have been specified
in this permit.
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

Part I
Page
of
reporting levels below permit discharge requirements, then the most sensitive (method with the
lowest possible detection and reporting level) approved method must be used.
5.. Penalties for Tampering
The Clean Water Act provides that any person who falsifies, tampers with, or knowingly renders
inaccurate, any monitoring device or method required to be maintained under this permit shall,
upon conviction, be punished by a fine of not more than $10,000 per violation, or by imprisonment for
not more than two years per violation, or by both. If a conviction of a person is for a violation
committed after a first conviction of such person under this paragraph, punishment is a fine of not
more than $20,000 per day of violation, or by imprisonment of not more than 4 years, or both,
Records Retention
Except for records of monitoring information required by this permit related to the permittee's
sewage sludge use and disposal activities, which shall be retained for a period of at least five
years (or longer as required by 40 CFR 503), the permittee shall retain records of all monitoring
information, including all calibration and maintenance records 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 app➢ication.
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 pert
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.
he permittee
The ,permittee shall allow the Director, or an authorized representative (including an authorized
contractor acting as a representative of the Director), upon the presentation of credentials and other
documents as may be required by law, to;
a. Enter upon the permittee's premises where a regulated facility or activity is located or
conducted, or where records must be kept under the conditions of this permit;
b, Have access to and copy, at reasonable times, any records that must be kept under the conditions
of this permit;
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 perrnit compliance or as
otherwise authorized by the Clean Water Act, any substances or parameters at any location.

5 CTION E. REPORTING REQUIREMENTS
I. Change in Discharge
2.
3.
Part II
Page l2of 14
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.
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).
c. The alteration or addition results in a significant change in the permittee's sludge use or
disposal practices, and such alternation, addition or change May justify the application of
permit conditions that are different from or absent in the existing permit, including notification
of additional use or disposal sites not reported during the permit application process or not
reported pursuant to an approved land application plan.
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.
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) or forms provided by the Director for reporting results of monitoring of sludge use
or disposal practices.
b. If the permittee monitors any pollutant more frequently than required by the permit, using test
procedures specified in Part II,. D. 4, of this permit or in the case of sludge use or disposal,
approved under 40 CFR 503, or as specified in 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.

Part 11
Page 13 of 14
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
perrnittee becomes aware of the circumstances. The written submissionshall 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.
(1) Any unanticipated bypass which exceeds any effluent limitation in the permit.
(2) Any upset which exceeds any effluent limitation in the permit.
(3) 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 IL 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.
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.

Part (1
Page 14
Persons reporting such occurrences by telephone shall also file a written report in letter formwithin
5 days following first knowledge of the occurrence.
10, availability of Repot.
Except for data determined to be confidential under NCCS 141 1 a3(a (2) or `Section 308 of the
Federal Ad, 33 LTSC 1318, all reports prepared in accordance with the tea . shall be available for
public inspection at the offices of the Division of Water Quality. As required by the Act, effluent
data shall not be considered confidential, Knowingly making arty false statement on any such
report may result in the imposition of criminal penalties as provided for in NCGS 1 3- 13.1 () or
in Section 309 of the Federal Act;
Penalties forFalsification of Reports
The Clean Water Act provides that any person who knowingly makes any false statement,
representation, or certification in any record or other docunient submitted or required to be
maintained under this permit, including monitoring reports or reports of compliance or
noncompliance nce shall, upon conviction, be punished by a fine of not ore than $10,000 per violation,
or by imprisonment ent for not 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, Grou dwater Monito:�irrg
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 not 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 ugll) for acrolein and acrylonitrile; five
hundred micrograms per liter (500 ug/1) for 2.4-dinitrophenol and for 2-methy1-4.6-
dinitrophenol; and one milligram per liter (I mg/I) 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 (I mg/1) for antimony;
(3) Ten (10) times the maximum concentration value reported for that pollutant in the
permit application.
D. Requirement to Continually Evaluate Alternatives to Wastewater Discharge
The permittee shall continually evaluate all wastewater disposal alternatives and pursue the
most environmentally sound alternative of the reasonably cost effective alternatives. If the
facility is in substantial non-compliance with the terms and conditions of the NPDES permit
or governing rules, regulations or laws, the permittee shall submit a report in such form and
detail as required by the Division evaluating these alternatives and a plan of action within
sixty (60) days of notification by the Division.

PART IV
UA ADMINISTERING AND COMPLIANCE ONITORINGE REQUI NTS
A. The permittee intist pay the aritilial admirristering Arid compliance trionititririg fee within 30
(thirty) days after being (tilled by thce flivisiciri. Failure to pay the fee in a tirriely it -tanner
accordance with t .0105(1)1(4) (h a cause this 12.tivisiori to i aitlate action t
revoke the it:

NPDES WASTE
PERMIT NO.: NC0081221
PERM ITEE NAME: Providence Nursery Farms
FACILITY NAME: Providence Nursery Farms
Facility Status: Proposed
Permit Status: New
Major Minor
Pipe No.:
Design Capac
0.0012 MGD
Domestic (% of Flow):
industrial (% of Flow
Comments:
RECEIVING STREAM: Suger Creek
Class: C
1 1992
Sub -Basin: 03-08-34
Reference USGS Quad: (15
County Mecklenb
Regional Office: Mooresville Regional Office
Previous Exp. Date: /00/00 Treatment Plant Class:
Classification changes within three miles:
No change within three miles,
Requested by:
Prepared by:
Reviewed
Randy Kepler
e attach)
Date: 10/22/91
Date:
Date:
AT T,OC
ON
Date Rec.
Drainage Area (rni2 )
gs
7Q10 (cfs) ° '. Winter 7Qi0
ToxicityLimits: IWC
Inst:ream Monitoring:
Parameters
Upstream
Downstream Y
Effluent
Characteristics
BOD
NH -N (mg/1)
D.O. (mg/1)
TSS (mg/1)
F. Col. (/100 ml)
pH (SU)
Comments:
c
Avg. Streamflow (cfs): 7/
) /2 30Q2 (cfs) , 6
°I© Acute/Chronic
ation
Location
Summer
Winter

Facility Name:
NPDES No.:
Type of Waste:
Facility Status:
Permit Status:
Receiving Stream:
Stream Classification:
Subbasin:
County:
Regional Office:
Requestor:
Date of Request:
Topo Quad:
FACT SI-IEET FOR WAS
Providence Nursery Farms
NC0081221
Domestic - 100
Proposed
New
Sugar Creek
C
030834
Mecklenburg
Mooresville c-
Kepler
1 0/23/91
G15SW
ALLOCA
ON
Request # sift4larrr. of r4A,TukAs,
IESOL°RCU AND
ODIUM Nrry Drv=L/ pMvrr
FEB 1 01992
1 IF 41111IMEJTAL k1A��loEi
WIES AE MAIM WEL
Stream Characteristic:
USGS #
Date:
Drainage Area (mi2):
Summer7Q10 (cfs):
Winter 7Q10 (cfs):
Average Flow (cfs):
30Q2 (cfs):
IWC(%):
0214636980
1988
64,5
8.4
12
71
16
.022
Wasteload Allocation Summary
(approach taken, correspondence with region, EPA, etc.)
Facility requesting NPDES permit to discharge to Sugar Creek and discontinue use of the failing
septic system. Technical Support working on a QUAL2E model of the Sugar Creek Basin for a
study of possible overallocation of the Creek. Per recommendation of S teveTedder and. Dale
Overcash, will assign effluent limits of 12/2/5 for this facility. In addition fecal coliforrn and
residual chlorine limits will also be assigned.
Special Schedule Requirements and additional comments from Reviewers:
Reviewed by
Instream Assessment:
Regional Supervisor:
Permits & Engineering:
Date: 1/23j92
Date:
Date:
Date:
TO TECHNICAL SERVICES BY: MAR a 5 1992

2
Recpmrmend
CONVENTIONAL PARE :RS
Monthly Average
Summer Winter WQ or EL
Wasteflow (MGD): 0.0012
BOD5 (rng/l): 12
NI-13N (mg/1) : 2
DO (mg/1): 5
TSS (mg/I). 30
--Fecal Col. (/100 ml): 200
pH (SU): 6-9
Residual Chlorine (µg/i): 28
Oil & Grease (mg/1):
TP (mg/1):
IN (mg/1):
X,. Parameter(s) are water quality limited. For some parameters, the available load capacity of
the immediate receiving water will be consumed. This may affect future water quality based
effluent limitations for additional dischargers within this portion of the watershed.
WQ
WQ
WQ
WWQ
WQ
WQ
OR.
No parameters are water quality limited, but this discharge may affect future allocadons.
INSTREAM MONITORING REQUIREMENTS
Upstream Location: 100 ft. upstream of discharge
Downstream Location: @ Hwy 51
Parameters: Temperature, DO, fecal conform, conductivity
Special instrearn monitoring locations or monitoring frequencies:
MISCELLANEOUS INFORMATION & SPECIAL CO1 lI I7 IONS
Special Instructions or Condition
Wasteload sent to EPA? (Major) _N (Y or N)
(If yes, then attach schematic, toxics spreadsheet, copy of model, or, if not m
assumptions that were made, and description of how it fits into basinwide plan
Additional Information attached? (Y or N) If yes, explain with attachments.
n old