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HomeMy WebLinkAboutNC0076350_Regional Office Historical File Pre 2018 (2)Michael F. Easley Governor William G. Ross Jr„ Secretary ©apartment of Environment and Natural Resources Gregory J. Thorpe, Ph.D,, Acting Director Division of Water Quality DEC i 2001 Mr. Stephen M. Schreiner Crescent Resources,. LLC P. O. Box 1300 Charlotte, NC 28201-1300 Subject: Rescission of NPDES Permit Permit Number NC0076350 Crescent Resources W WTP Iredell County Dear Mr. Schreiner: Reference is made to your r wa.1 of a.pplicatitart 1tr renewal of the subject NPDES permit. Staff of the Mooresville Regional Office have confirmed that this permit is no longer required. Therefore, in accordance with your request, NPDES permit NC0076350 is rescinded, effective immediately. If in the future you wish to discharge wastewater to the State's surface waters, you must first apply for and receive a new NPDES permit. Operating a facility without a valid NPDES permit will subject the responsible party ttr a civil penalty of up to $25,00() per day. 11 you have questions about this matter, please contact Bob Sledge at (919) 733-5()( t ti',1i iOfl 547 or the Water Quality staff in our Mooresville Regional Office at (704) 663-1 d a Iredell County Health Department Mooresville Regional Office w/attachments NPDES Unit Operator Training and Certifica Point Source Compliance - Bob Sledge - wfattachments Mr. Roosevelt Childress, EPA Central Files - w/attachments Fran McPherson, DWQ Budget Office Customer Service Di visieru c1 water Quality 1 800 623.7748 (91g) 733-7015 1617 Mail Service Center Raleigh, NC 27699-1617 gists Crescent Co rat December 11, 2001 N. Box 113 Cha otte, NC 28201-1003 gory Thorpe, Ph.D. . Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Re Permit Number NC0076350 Dear Dr. Thorpe: 20 Div OF WATER El/RECTORS OFFICE NEC 1n response to your l ttcr of Novmb r 19, 2001, e have concluded our investigation. We hereby withdraw our application for the renewal c ! the above -re renccd pe it, (304) 382-241t FAX (704) 1-542+ UPDATED 12/15/2001 PERMIT NUMBER NC0076350 OWNER Crescent Resources FACILITY NAME Crescent Resources FACILITY ADDRESS NC Hwy 150 Lake Norman Mooresville NC 28230 MAMI Minor OPERATION 0 PRIMARY SIC 4952 PERMIIT TYPE Discharging 100% Domestic < 1MGD PROGRAM PERMIT CATEGORY NPDES WW CLASS Individual PROJECT TYPE Renewal FAST TRACK 0 AS BUILT FLOW 450000 APPL_RCVD 1/7/2000 SCHEDISSUE DRAFT_RCD 1/19/2000 PUBLIC NOTICE AFFILIATIONS PERMIT STATUS In draft PRETREATMENT STATUS None PERMITTED FLOW 450000 ORIGINAL 9/1/1989 ISSUED EFFECTIVE EXPIRES 6/30/2000 OWNER TYPE Non -Government REGION Mooresville COUNTY Iredell LATITUDE +35360400 LONGITUDE -080562400 PRIMARY REVIEWER mike.myers REGULATED ACTIVITY UPDATED BY waltscheper LAST SECONDARY RELATED PERMITS on. Affili8ftorl HiE.,,rarchy. Insic,;ce Address Correspondence Address `FA am Na Index Number la UPDATED / 2001 ufiati an Subb micnaet r c,asiey, ouvernor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Gregory J. Thorpe, Ph.D. Acting Director Division of Water Quality Mr. Steve Schreiner, Vice -President Crescent Resources, Inc. 400 South Tryon Street, Suite 400 Charlotte, North Carolina 28201-1003 November 19, 2001 NO'v"2 1 '2001 Subject: Engineering Alternative Analysis Permit Number NC0076350 Pinnacle Shores Development Iredell County Dear Mr. Schreiner: On August 16, 2000, the Division of Water Quality requested that Crescent Resources provide an Engineering Alternatives Analysis justifying the need for the NPDES permit. The Engineering Alternatives Analysis is required because of development changes and the addition of alternative wastewater disposal options occurring in the surrounding area. In a subsequent meeting with Crescent Resources, the Division reiterated the need for the Engineering Alternatives Analysis. To date, the Division has not received any correspondence indicating the status of this analysis. The Division feels that sufficient time has elapsed to complete the Engineering Alternatives Analysis. Therefore, Crescent Resources has until December 19, 2001 to submit an Engineering Alternatives Analysis for NPDES Permit NC0076350. As stipulated in the August 16, 2000 letter, this analysis shall include the following: Flow justification for the current 0.45 permitted flow. Minimum flow design requirements can be found at NCAC 2H. .0219(1). Local Government Sign -off, pursuant to NCAC 2H .105(1) and G.S. 143-215.1 (c)(6). An evaluation of the feasibility and infrastructure requirements necessary to connect to the Highway 150 WWTP. Documentation from the Town of Mooresville regarding any immediate or future plans to extend sewer service to the Pinnacle Shores Development. Guidance for preparation of an Engineering Alternatives Analysis is attached and can also be obtained at the Division's web site: htt ://h2 .en te.nc.us/NPDES/ Please be advised that failure to submit the Engineering Alternatives Analysis by the stipulated date may result in revocation of this permit. If you have any questions, please contact Michael Myers at (919) 733- 5083, extension 508. Sine rely, ego cc: Central Files Mooresville Regional Office, Water Quality Se on NPDES Unit N. C. Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 (919) 733-7015 Customer Service 1 800 623-7748 STEPHEN M. SCHREINER Mee President nt Cumn uniuc.s t wi(7l. 20( Re. 1 North Carol a)epartment Ens ate t°al Resources 919 North alit Street Mooresville, ?' b 2 11 SC C. 400 South Tryon Strut Suite 1300 P.O. Box1t Char tte, NC 28201-ttt03 ate: ette.� [ t 1 NPI.)L letiltit #0070350 Gleason: ipt ttl n n )=`e Entities itt ill tc are its the l is e eels as possible reparin 111 NCDENR JAMES B. HUNT JR. GOVERNOR BILL HOLMAN SECRETARY Mr. Steve Schreiner, Vice -President Crescent Resources, Inc. 400 South Tryon Street. Suite 400 Charlotte, NC. 28201-1003 lottentwa:.4,*, NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES MOORESVILLE REGIONAL OFFICE August 16, 2000 Subject: Renewal of NPDES Permit No. NC0076350 Pinnacle Shores Development Iredell County Dear Mr. Schreiner: The Division of Water Quality (the Division) is in receipt of your request for renewal of the subject NPDES Permit, which is currently being reviewed by staff in the Division's central office. Development changes as well as wastewater disposal options that have occurred both in the subject Crescent development and the surrounding area since the NPDES Perrnit was last renewed necessitate the need to reestablish justification for the current permitted flow and available alternatives to a surface water discharge. For this reason, completion of an Engineering Alternatives Analysis (EEA) is necessary before we can complete our review. The EEA should include the following: Flow justification for the current 0.450 permitted flow. Minimum flow design requirements can be found at NCAC 2H.0219(1). Local Government Sign -off, pursuant to NCAC 2H .0105(I) and GS. 143- 215.1(0(6). An evaluation of the feasibility and infrastructure requirements necessary to connect to the Mid -South Water Systems Highway 150 WWTP. Documentation from the Town of Mooresville regarding any immediate or future plans to extend sewer service to the Pinnacle Shores development. Guidance for preparation of an EAA can be obtained at the Division's web site: http://h2o.ennstate.nc.us/NPDES/ MC CM.0111. f,prd Pf 11111M1111 919 NORTH MAIN STREET, MOORESVILLE, NORTH CAROLINA 28115 PHONE 7041-663.1699 FAX 704-663-6040 AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER SO% REcYCLEDi10% POST -CONSUMER PAPER Steve Schreiner August 16, 2000 Page Two Once c n Pleted, the EA„„ oul lie srrr Office at the IL address d to to uw n r, Michael Myers NP DES [snit Division of Water Quality 1617 Mail Service Center Raleigh, N.C. -1 6 1 address with cop to this ou ha nd° question regarding this rr tt r, Please nt ct Mr, I i ;1ael 1 a P -S cr or rrsc (704 6t + 1699, ec: Michael Myers Bill Reid dot- Sineerely D. .e Gleason, P,,E... Water Quality Regiona Supery isnr° State of North Carolina Department of Environment and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Bill Holman, Secretary Kerr T. Stevens, Director GILBERT D. STEPHENSON CRESCENT RESOURCES. INC. P.O. Box 1003 CHARLOTTE, NC Dear Permittee: re( 28201. 7:171,1i1if AWC:14,:'44S, ki)`v 4741, lima) November 4, 1999 4 X NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES Subject: Renewal of NPDES Permit. NC0076350 CRESCENT RESOURCES, INC. IREDELL County The subject permit expires on June 30, 2000, North Carolina Administrative Code 15A NCAC, 211.0105(e) es that an application for permit renewal be filed at least 180 days prior to expiration of the cun-ent permit. To satisfy this requirement, your renewal package must be sent to the Division postmarked no later than ,Januanr 2, 2000. Failure to request renewal of the permit by this date will result in a civil assessment of at least 8250.00. Larger penalties may he assessed depending upon the delinquency of the request. If any wastewater discharge will occur alter June 30, 2000 (or if continuation of the permit is desired), the. current permit must be renewed. Operation of wastewater treatment works or continuation of discharge after June 30. 2000 would violate North Carolina General Statute 143-215.1 and could result in assessment of civil penalties of up to 825.000 per day. if all wastewater discharge has ceased at your Facility and you wish to rescind this permit, contact Robert Farmer of the Division's Compliance Enforcement Unit at 1919) 733-5083. extension .531. You may also contact the Mooresville Regional Office at (704) 66.3-1699 to begin the rescission process. Use the enclosed checklist to complete. your renewal package. The checklist identifies the items you must submit with the peintit renewal application.. If you have any questions, please contact me. My telephone number, fax number and e-mail address are listed at the bottom of this page. Since. Charles H. Weaver, Jr, NPDES Unit. cc: Central Files NPDES File 1617 Mad Service Center, Raleigh., North Carolina 27699-1617 919 733-5083, extension 511 (fax) 919 733-0719 VISIT us ON THE INTERNET @ hl1p://h2a.enr stale.ncus/NPOES Charles.VVeaver@ncmail.net NPDES Permit NCMY76350 CRESCENT RESOURCES, INC. I REDELL County The following items are REQUIRED for all renewal packages: Li A cover letter requesting renewal of the permit and documenting any changes at the facility since issuance of the last permit. Submit one signed original and two copies. Li The completed application fowl (copy attached), signed by the permittee or an Authorized Representative. Submit one signed original and two copies, '7J If an Authorized Representative (see Part ILB. 11 .b of the existing NPDES permit) prepares the renewal package, written documentation must be provided showing the authority delegated to the Authorized Representative. J A narrative description of the sludge management plan for the facility. Describe how sludge (or other solids) generated during wastewater treatment are handled and disposed. if your facility has no such plan (or the permitted facility does not generate any solids). explain this in writing,. Submit one signed original and two copies. The following items must be submitted ONLY by industrial facilities discharging process wastewater: Industrial facilities classified as Primary industries (see AppendLx A to Title 40 of the Code of Federal Regulations, Part 122) must submit a Priority Pollutant Analysis (PPA) in accordance with 40 CFR Part 122.21. If the PPA is not completed within one week of January 2, 2000, submit the application package without the PPA. Submit the PPA as soon as possible after January 2, 2000. The above requirement does NOT apply to municipal or non -industrial facilities. PLEASE NOTE: Due to a change in fees effective January 1, 1999, there is no renewal fee required with your application package. Send the completed renewal package to: Mr. Charles H. Weaver, Jr. NC DENR / Water Quality / NPDES Unit 1617 Mail Service Center Raleigh, NC 27699-1617 NC. DEPT., OF NV/R0 MEN , HEALTH, NATURA.L RESO RC.;I S AUG 10 1994 Dlt' Sff9N OF ENVIMENTAL MANAGEMENT PRELIMINARY SOIL AND SITE EVAL °, vilE N °FF41 FOR ON -SITE (LANDBASED) WASTE DISPOSAL AT THE PROPOSED PINNACLE SHORES SUBDIVISION FOR CRESCENT RESOURCES, INC IREDELL COUNTY, NORTH CAROLINA by Toney C. Jacobs Consulting Soil Scientist 215 Broadbill Drive Mooresville, N. C. 28115 February 28, 1994 submitted to: Mr. Dale Stewart, P.E. LandDesign Engineering Services, Inc. 1700 East Blvd. Charlotte, N. C. 28203 copy to: Mr. Stephen Schreiner Crescent Resources, Inc. P.O. Box 1003 Charlotte, N. C. 28201 R TONEY C. JACOBS ; CERTIFIED PR©FESS:0M . ; ��• SOH. SCIENTIST , Jacobs, CPSS Preliminary Soil and Site Evaluation for On -Site Waste Disposal at Pinnacle Shores Subdivision Introducti This report summarizes the activities, observations, date collection, preliminary conclusions, and preliminary recommendations for a proposed land -based waste disposal system. The purpose of this evaluation is to advise the owner, wastewater engineer, planner, and appropriate N. C. state agency of the soil resources and feasibility of a land -based system, size requirements, and performance expectations. This will require preliminary estimates of site specifics, loading rates, and site factors which influence these rates. The first consideration was for individual single family ground absorption (septic tank - drainfield) systems. With this, each home or unit is served by a locally (Iredell County Health Department) permitted system. A second consideration was the use of Crescent. Resources, Inc. (CRI) property to the east of the development being used for spray irrigation of renovated wastewaters. A combination of these was not evaluated and is considered impractical because of infrastructure and cost. The proposed community is 415 single-family units. A third consideration is the use of a discharge system, approved by an NPDES permit. This is considered a default if the first two considerations cannot be met. For continuity in interpretation of soils, this report is divided by evaluation or recommendation. Individual. On -Site Ground Absorption (septic tanks) The Laws and Rules For Sewage TYeatment And Disposed Systems requires each site to be evaluated from the following factors: 1) topography, 2) soil characteristics, 3) wetness conditions, 4) soil depth, 5) restrictive horizons, and 6) available space. Generally, some of these conditions, which may limit site use, can be compensated for by changing the system design; however, some factors cannot be remediated. It is with this philosophy that this evaluation was performed. A lot which can be permitted by use of a modified system such as the T & J Panel (PPBPS) or alternative system, such as the Low Pressure Pipe (LPP) is considered provisionally suitable. Also any lot or areas which can be used under the broad umbrella of "engineered system" is considered usable with reservation(s). Fieldwork for this evaluation was done on December 15 and 16, 1993. Evaluations were made using topography and a line of site references, as no actual surveying of roads or lots has begun. This work is preliminary to the tract development and not meant to be a lot -by -lot evaluation or approval. At this stage of the development this is feasibility and planning, not approval, -2 Site The proposed subdivision is approximately 7 miles west northwest of Mooresville, N. C. on Hwy. 150 (Fig. 1). It is on the hills which once bordered the Catawba River. The site has many areas where slope exceeds 15%. This is shown on the site plan topography (Fig. 2) and indicated by slope classification on the USDA Soil Map (Fig. 3) Regulations allow use of 15-30% without special design. A great many of the waterfront lots will have substantial areas unsuitable for septic. House placement may be planned for sloped areas using the best land for septic. Past cultural activities have already affected much of the site. Post European settlement (PES) saw most of the areas used for row crop production. Old rock lilies are indicative of this activity and then later installation of field terraces. The Soil Survey of Iredell County (Cawthorn and Jenkins, 1964) has almost all the site classified as either eroded or severely eroded (Fig. 3). Many old roads have been cut across the property. Some of these are up to 12' deep. The site has numerous roads because of its proximity to an old ford and a ferry landing. Another more recent activity is logging. Logging and roads associated with getting logs out have greatly impacted topography and soil depth. A significant percentage of the area has been adversely affected by the construction practices associated with aerial power lines on towers. Within the right-of-way for these lines, there is accelerated erosion and surface scaring. Many parts of the area have been previously developed. There is one campground area and one marina -campground which have been used with septic systems. There is also one abandoned restaurant. The drainfields have damaged much of the available area. A maximum effort will be required to work within and around the old drainfields. Soils The Soil Survey of Iredell County has the area mapped mostly as Cecil series. There are numerous surface phases and slope classifications. There is only one small area of Appling series on the southeast corner which will be difficult, if not impossible, to permit. Cecil series, when not eroded, is an excellent soil to work with for septic systems. It has a loam or clay loam surface over a deep and well structured clay subsoil. These strong subangular blocky structured clays are among the most predictable soils for waste disposal. This does not mean high loading rate, but workable at a low rate. These soils require a more conscientious effort to install than the lighter textures, and the opportunity to install a system is shorter between rainfall events. The consequence of misuse is also more severe with smeared or sealed sidewalls causing hydraulic overload and premature failure. Spot checks of each point (interfluve) area were made to make certain it conforms to the soil map and to check soil depth. Soil wetness and restrictive horizons are of a minor - 3 - significance on the site. Wetness would be in the lake setback or possibly in the minor Appling series area. Any other wetness would be very localized. While on -site no active mottles were observed. A few large rock outcrops were visible. These may affect localized house or lot density in some areas. Although not numerically counted, less than 10% of lots should be affected by rock or restrictive horizons. Available space will be the most limiting factor associated with this plan. From past experience in Iredell County, the loading will be a conservative 0.25 to 0.3 gal/ft2. This means with this topography, at least 0.6AC will be needed for off -water lots and 0.75 AC will be needed for waterfront or watercourse lots. Some steep areas will require even larger lots. This assumes a mixture of 3 and 4 bedroom homes. Eroded soils decrease application rates, c, thereby requiring more area for drainfields. c- jr-:; z 0 04 4f. 4 r (0AC Conclusions for Individual On -Site Soils for most of the site are provisionally suitable for a combination of approved ground absorption systems. Soil depth will require use of some LPP technology. A realistic lot sizing will be a minimum 0.6-0.75 for most lots; however, those with steep slopes or damage soils will require more. The restaurant and commercial areas will require at least 12 acres of prime land, good soil, and good topography. Within the trade, use of septic systems with restaurants always result in system failure; the only question is when. In recent times, sand filters, grease traps, and other technology have been used to extend drainfield life, but the waste stream is very difficult to manage with a soil base system. As a first CE-c MaZE approximation, the use of septic systems on this project will reduce the conceptual density by 2/3 (two-thirds). Only after a rough survey with proposed corners in place, can a lot -by - lot investigation give an exact count of serviceable, permittable, and buildable lots. Off -Site Disposal by Spray Irrigation Approximately one-half mile east of proposed treatment plant, CRI has two tracts available for on -site disposal (Fig. 4). This area was considered for use with surface irrigation. The proposal is for on -site surface application either as drip or aerial spray. This area is presently used for timber production, mostly natural with some planted stands. The area has been in an ongoing harvest cycle for many years. The spray areas are roughly as indicated en Figure 5. This report is preliminary to a complete and thorough evaluation as described and required in DEM-SIDS 4/91. As planning progresses, a close interval grid of backhoe and auger descriptions will be completed. This will include saturated conductivity (Ksat) measurements by the Compact Constant -Head Permeameter (CCHP) similar to that described by Amoozegar (1989), and the Air Entry Permeameter (AEP), Bouwer 1966, to - 4 - fine tune application rates. This report is from spot checking soils and reconnaissance work for planning and development on the site. This work also relies heavily on the Soil Survey of Iredell County which was checked and verified. Past site work has proven this survey to be an accurate and reliable tool. This survey was done on a 1:15840 scale. The recommendation for an on -site (spray) system is based on a combination of factors, including, but not limited to 1) topography, 2) soil characteristics, 3) wetness conditions, 4) soil depth, 5) restrictive horizons, 6) available space with required setbacks, 7) impact on watertable, and 8) a workable management plan. Generally, some of these conditions, which may limit site use, can be compensated for by changing the system design; however, some factors cannot be remediated. It is with this philosophy that this report was prepared. This report is complimentary documentation for a design engineered by Mr. Dale Stewart, P.E. Many details which will be a part of that permit request have been omitted from this work, although this work, as well as the design, represent a holistic approach with ongoing interaction between Crescent Resources, the engineer, and myself. Site The spray fields are to be located in a rural area of Iredell County (Figure 4), although there is urbanization along the waterfront. All of the spray areas proper are in forest production. The area is served almost exclusively by private wells. As a final plan develops, a lot -by -lot investigation of neighboring properties will give accurate information on adjoining wells. Location of wells within the zone of interfluve is referred to the design engineer. Because of the homogeneity of the receiver site, soils in the disposal area are addressed as a complete unit for this preliminary report. It must be understood that inclusions will be removed from the wetted area, but are still considered in this report. During the site investigation, topo of the spray area was checked frequently by hand-held clinometer, but complete topographic work will follow. USGS topo was used, but is not of sufficient detail for final work (Fig. 6). The spray area covers all landscape positions; consequently, topography will eliminate many areas from receiving spray in those areas checked. The design engineer will provide an accurate topo of the wetted area. The area investigated is approximately 55 acres. Future fieldwork will seek to identify old homeplaces and associated wells. Any prior activities (roads, logging roads, logging decks, etc.) will be identified and recommendations made for remediating, and use of or exclusion from use. Soils The Soil Survey of Iredell County has the area primarily mapped as one soil series with surface phases and different slopes. Dominant on the north was Cecil, greater than 10 percent slopes, and the south was more sloping (Figure 3). Although not delineated on the - 5 - soil map, many huge floating and rock outcrops dot the landscape. Some are noted on the southern area. A prominent feature not noted on the soil map is the large rock quarry south of the spray fields. Fieldwork for this report was done on February 24, 1994 as a reconnaissance. Auger holes were advanced to spot check previous mapping in the Soil Survey. General classification was accurate, except for rock outcrops and thin solum caused by PES activities. Detailed SCS information about this mapping unit is supplied in Appendix 1. Site specific Ksat measurements have not been made in the area. As plans develop they will be performed in the most restrictive horizons to predict loading rates. All measurements reported will be site specific. From these measurements it will also be possible to develop more accurate water mounding predictions. At this time it is assumed the Hoopes (1981) method will be used, but this could change. These Ksat numbers are used to establish the drainage portion of the total water budget. Using the Ksat calculations, the drainage for the most restrictive horizon, and the 10% permeability rate recommended by EPA, values will be applied and loading rates modified if dictated. Composite site specific soil samples will be collected. These will be submitted to NCDA to get both a horizonal and vertical profile of cation exchange capacity (CEC), pH, and nutrient status. Results of the NCDA soil test analysis will be included in final report. Past tests in the area indicate a pH range of 4.5 to 6.0 and CEC of 2-6 meg/100 cm3. The subsoil, where the greatest clay content will be found, is expected to have the highest CEC. Fertility recommendations from NCDA with a specific request for specific crops will be used. A recommendation for lime and additional fertilizer will follow as plans develop. Summary of Spray Site Recommendations The spray site has some associated surface waters which must use a 100 ft. setback from the proposed spray fields, but this does not affect available usable area. Wells will be located in the engineering plans, but none have been found or are expected within 100' of the wetted area. The area contains broad interfluves and some linear slope landscape positions with suitable soil. The greatest variations occur in solum thickness caused by past cultural activities and topography. There were no inclusions of soil formed from basic rock minerals identified. Some rocky areas will have to be excluded from use or be used at a much lower application rate. A water management plan will have to be developed after more extensive soils work. This soil appears to have the necessary saturated hydraulic conductivity to move drainage water during the winter when ET is at a minimum. The sum of ET and drainage is greater than rainfall and a conservative loading of 0.25 to 0.75" per week. All calculations to recommend these numbers are conservative. A mean rate for - 6 - winter should be approximately 0.4" per week. By adding spray areas there will be additional investment in supply lines and sprinkleheads, but this should increase forest production and enhance environmental safety. A very important consideration to any system operation is depth to a confinement or a wetness condition. The surface rock and quarry operations are indications that more exhaustive work must be done if plans are to proceed. There are no major indications of a seasonal watertable in the area, and conservative design should eliminate this as a concern. The spray field on interfluves are naturally shaped for maximum aeration. In some areas surface shaping may be required to eliminate any micro depressional areas. This forested area should be intensively managed to maintain the forest floor for maximum water infiltration. This shaping should be maintained beyond the, wetted perimeter where possible. This preparation should include minor fill with hauled in soil rather than a denuding of existing surface soils. It is very important that no depressions be left on the surface. Two important factors of concern in spray field design are rainwater additions which do not readily run off, and subsurface lateral flow. Because of landscape position, drainage swail interceptor ditches will not be required on this site. Should a need be identified, they can be designed and added afterwards without disturbing the wetted area. Infiltration of high intensity rainfall events into the surface horizon should be naturally slow because of texture and slope. It is recommended that soil, wastewater, and receiving vegetation be analyzed once each year. This would help with waste management. Such tests are consistent with BMPs. By using NCDA labs, costs are also very reasonable. Interpretation of results should be by a consultant or specialist from the N. C. Agricultural Extension Service. Of the approximately 55 acres evaluated, about one-half has topography suitable for consideration as wetted area for spray. This number may vary as a site specific topo map is developed. General Comments 1. Varied but good landscape positions. Design uses a wide aerial window on many slopes and landscapes. This includes numerous topo sequences with no long continuous lineal slopes. Water will not be concentrated into one sub -basin. Steep land will create natural buffer of wetted area in most places. 2. Good aspect to promote solar radiation and enhance evapotranspiration. Open area of lake to increase air flows and increased ET. 3. Past Ksat measurements in this soil series indicate a profile with sufficient conductivity for conservative loading rate. This loading rate should always give an unsaturated flow regime. Initial or planning irrigation frequency from recommended SCS Technical Guide Section II-G (Appendix 2). This will have - I - to be fine tuned in final report. System operator should evaluate and adjust to antecedent moisture and infiltration conditions observed after system is established. Use of large wet weather holding pond will enhance workability. 4. With a system of this size, there should be a periodic sampling of soil fertility, plant vegetation (plant tissue analysis), added wastewater, and the watertable. A third party sampling by a soil scientist or forester could be advantageous for promoting system longevity and workability. With waste loading of 180,000 GPD from this subdivision, this site will accommodate approximately one-fourth of the anticipated waste stream. To undertake a project of this magnitude, more land should be acquired or considerations given to other disposal options. Density goals of the conceptual plans are not practical with land disposal. This includes the individual septic tanks or off -site spray. Until a final plan is developed or construction, the site should be maintained as is. There should also be special conditions imposed on the contractor installing either septic or the spray field. This includes prohibiting any work while the site is wet. Attention should be given to avoid the disturbance of soil structure by working while soil is too wet. Any field preparation should be stabilized as quickly as possible with mulch to reduce erosion as areas are disturbed. Thank you for the opportunity to be of assistance with this project. If additional land can be provided, it should be evaluated prior to purchase. I will gladly work on this evaluation. If questions arise about this report, please do not hesitate to contact me. REFERENCES oozegar, i. 1989. A Compact Constant -Head Permeameter for Measuring Saturated Hydraulic Conductivity of the Vadose Zone. Soil Sci.Soc.. J. 53:1356-1361. Bouwer, H. 1966. Rapid field measurement of air -entry value arid hydraulic conductivity of soil as significant parameters in flow system analysis. Water Resources Research 2:729-738. Cwthorn, J.W. and V.S. Jenkins. 1964. Soil Survey cif lredell County, USDA Conservation Serice. U.S. Government Printing Office: series 1960, No. 14. Hoopes, J.Au etal. 1981. Modelirig pollutant movement in groundwater in high rate soil absorption system HRSA Task Force final report, 1984. Minnesota Pollution Control Agency, Re - ville, Minri. Toney C. Jacobs, CPSS 215 Broadbill Drive Mooresville, N.C,28115 USGS topo Toney C. Jacobs, CPSS 215 Broadbill Drive Mooresville, N.C.281.15 Figure 6 it de cription ray gationethnical { airy NCOO18 501 L I NT ERPRETAT 1 ONS RECORD MLRA(S): 136, 148 �1 REV, RAG,DLN, 5-84 TYPIC HAPLUOULTS, CLAYEY, KAOLINITIC, THERMIC TIE CECIL SERIES CONSISTS OF WELL DRAINED NEARLY LEVEL TO STEEP SOILS ON PIEDMONT UPLAND TYPICALLY THESE SOILS HAVE A SANDY LOAM SURFACE I,AY'ER ABOUT 7 INCHES THICK. THE SUt3S01L IS DOMINANTLY RED CLAY AND CLAY LOAM 43 INCHES THICK, TM( UNDERLYING MATERIAL IS MULTICOLORED, LOAMY SAPROLITE OF ACID CRYSTALLINE ROCK. SLOPES RANGE FROM 0 TO 2$ PERCENT. IDEPTIIT IIIN.)I USDA TEXTURE 1 1 I 0-715L, FSL, L I 0-7 1GR-5L 1 0-7 ISCL, CL 1 7-1115CL, CL 111-50IC, CL V I(PCTj3 DENSITY UMIF1 1 SR, 5M-5C 1 A- , SM IA-2 5M, SC, CL, ML IA-4, A-6 SM, SC, ML, CL IA-4, A-6 11, ML, CL IA-7, A-5 TY 1 1 GICM13), I 1N/MR) 0-7 15-2011 0-1„ 1 15-2011.40-1 ;0 1 2.0-6.0 120-3511.0-1 0 1 0.6-2.0 1 7-11120-3511.30-1. 0 1 0.6-2.0 111-50135-7011.30-1. 1 0.6-2.0 150-751 I 1 - FRttkIERCY r. DORA t (FT 1 1 6.. TI PAC1 M 1- NONE 12-0 07-0.09 13-0.15 0.13-0.15 0.13-0.15 SANITARY FACILITIES t c�-tt+. EPTIC TANK 18-151: MODERATE-PERCS 'SLOWLY,SLOPE ABSORPTION 115+11 SEVERE -SLOPE FIELDS I ESTII4ATED SOIL PROPERTIES (A) 1 = "IFRACIIPERC MSITO 1?3 INI THAN 3*" PASSING SIEVE NO, I LIMIT ITtCITV I (PCT) I- !r r 1O 1 40 I 700 I I i NOE1( T 1-5 184-100 80-100 67-90 2642 1 t 30 11tP-6 15-15170-95 55-85 40-75 13-30 I d 22 Ili'-4 I 0-5 174-100 72-100 68-95 38.81 121-35 13-15 I 0-5 174-100 72-1 00 68-95 38-81 1 21-35 13-15 I 0-5 197-100 92-100 72-99 55-95 141410 1 9-37 1 1 ICI C TVT1Y TTER I PCT) I STEEL iCOWCRF7F 5-I l RATE1 ►t4TE .5-2 I .5-1 I -, IAL LESS---ItIQUTO IPLAS-' IPOTENTIA 1 'LOW - I LOW 1 LOW I LOW I LOW 11 11 ROADF1LL 11 11 1 0.24: MODERATE-SLLPACE - II SENACE i 2-7%; MODERATE-SEEPAGE,SLOPE II LAGOON 1 7+11 SEVERE-54OPE AREAS 1 SANITARY LANDFILL (T;TENCM ) B-156z I DERATE-SLOPE,T0O CLAYI 15*1: 8-151: MODERATE -SLOPE 15+1: SEVERE -SLOPE 0-84: FAIR -TOO CLAYEY,HARTS TO PACK 1 DAILY 18-15%: FAIR -TOO CLAYEY,HARD TO PACX,SLOPE I COVER FOR 115*%: POOR -SLOPE I LANDFILL BUILDING SITE DEVELOPMENT I. 1 0-81: k00ERATE-T00 CLAYEY SHALLOW 18-15%; MODERATE-7D0 CILAYEY,SIOPE EXCAVATIONS 115+1z SEVERE -SLOPE DWELLINGS WITHOUT 1JASETIENTS DWELLINGS WITH BASEMENTS SMALL COMMERCIAL 01►1 LD I NGS LOCAL ROADS ANO STREETS LAWRS, LANDSCAPING AND COLF FAIRWAYS 0-81: SLIGHT 8-151, MODERATE -SLOPE 15+11 SEVERE -SLOPE ti IST30! fl D. ' IHYD1PMTE11r,CI INIT,1Tt1TALIGRPI FROST 3 IIN) Wm) I I ACTION I 1 i 8 1 - 1 CONSTRUCTION MATERIAL T5 0-15%: POOR -THIN LAYER 15H: POOR -THIN LAYER,SLUPE WATER MANACII^IENT T 0-20%(MODERATE=SELPACE P0340 1 20+%; SEVERE -SLOPE RESERVOIR 1 AREA 1 CAVATED PONDS I AQU I FER FED 1 IRRIGATION. TERRACES AND VERSIONS GRASSED WATERWAYS 0-3Twr PAVORATIL7': — 3+11 SLOPE 0-811 FAVORABLE 8+1, SLOPE RETAT 10T1 SPRINKLER IRRIGATION GUIDE (cont) for PIEDMONT AND COASTAL PLAIN AREA OF NORTH CAROLINA Group : Index No. 4 Soil Type and Description :We11 drained soils of the :Piedmont uplands with loamy sur- face layers and firm clayey sub - :soils. :Bradley :Cecil :Georgeville :Herndon :1.1 oyd :Madison :Nason :Pacotet :Tatum :Wadesboro :Well drained soils :Piedmont uplands wi :surface layers and :subsoils. :Appling :Chesterfield :Kayodan :Wedowee :Average:Moil : Soil , : Hol : Depth :Capa Ft. In. 1.4 2.3 : 3.3 : 4.2 .0 5.0 CODS IRA AT ON SPEC1FICAT to b` :Recommended' MaX1mum: :Moisture to: :irr{gat{©n:Appiica- Application Rate : : Depth of :be Replaced:"Design":Frequency : tion Bare : Cover Crops locally Grown : Mositure : by Each :Mositure: for Peak :Amount31 In/Hr) : (In/Hr) : 2/ :Replacement: Irrigation:Use Rate:Use Period:(In.) - - In. : In Da Da s : » „ Ft. 9 : Yfl 1 .40 :Alfalfa :Cotton :Corn, field :Gladioli :Ladino Clover & Grass, :Sumner Perennials or Mixed Nay :Nursery Crops, 1st yr. : :Nursery Crops, 2nd yr, : Orchards (bare) chards cover;) _ as, fie dd or Soybeans: :Vegetables, Group 1 :Tobacco 2.5 2.5 2.5 1.0 1.5 1.0 2.0 3.0 0 1.5 2.0 1,0 1.5 2.16 2.00 2.20 ,70 1.20 .80 1.62 2.40 2.40 1.08 1.62 .70 1.08 .24 .20 .22 .14 .24 .16 .18 .20 ,.2 .18 .18 .14 .18 9 : 2.90 10 : 2.65 10 : 2.95 5 : .95 5 : 1.60 5 : 1.05 9 : 2.15 12 : 3.20 6 _". 9 2.15 5 : .95 6 : 1.45 .35 .45 1.92 : .24 8 : 2.55 of th the " » 2.00 : .20 10 : 2.65 sandy 1.98 ,22 . 9 : 2.65 fine clayey " .56 .14 : 4 .75 0 : 1.2 : 2,1 3.1 : 4.0 : 4.7 :Alfalfa :Cotton :Corn, field :Gladioli :Ladino Clover & Grass, :Sumner Perennials or : Mixed Hay :Nursery Crops, 1st yr. : :Nursery Crops, 2nd yr. : :Orchards (bare) :Orchards cover) :Peanuts :Peas, field :Sweet Potatoes :Small Grain or Soybeans: :Tobacco Vegetables, Group 1 :Vegetables, Group 2 :Vegetables, Group 3 :'Vegetables, Group 4 2.5 2.5 2.5 1.0 1.5 1.0 2.0 3.0 3.0 2.0 1.5 2.0 2.0 1.5 1.0 1.5 1.5 2.0 1.20 .64 1.62 2,40 2.40 1.62 1.08 1.54 1.62 1.08 .56 .98 1.08 1,62 .24 .16 .18 . 20 .24 .18 .18 .22 . 18 .18 .14 .14 .18 .18 5 4 9 12 10 9 6 7 9 6 4 7 6 9 (Continued) Sheet 2 r' ''' 1,60 .85 2.15 3.20 9.20 2.15 1.45 2.05 2.15 1.45 ,75 1.30 1.45 2.15 N.C. t)EPT. OF ENVI RON M ENT, HEALTH, N ATU RA L RES OU RC ES AUG 10 1994 DIVISION Elf ENVIRONMENTA1 MANAGEMENT MOORESVILLE REGIONAL DIME SUPPLEMENTAL PRELIMINARY ENGINEERING REPORT WATER AND SEWER FACILITIES TO SERVE BRA WLEY SCHOOL ROAD SANITARY DISTRICT AND PINNACLE SHORES SANITARY DISTRICT IREDELL COUNTY, NORTH CAROLINA DEVELOPED BY CRESCENT RESOURCES, INC. JANUARY, 1994 ENGINEERING SERVICES INC. 1700 EAST BOULEVARD CHARLOTTE. NC 28203 FOREWORD TABLE OF CONTENTS I. INTRODUCTION . . . . . . . . . . . . . II. DESCRIPTION OF PROPOSED DEVELOPMENT III. DEMAND PROJECTIONS . . . . . . . . . . . . . PV. EXISTING FACILITIES AND SERVICE AREAS . . V. ALTERNATIVES FOR VVATER SUPPLY . , . . . . . . . . . . . . . . I. ALTEF1NATIVES FOR VVASTEWATER DISPOSAL . . . . . , . . . VII. PROPOSED FACILITIES . . . . . . . . . . 14 .II. SYSTE RELIABILITY . . . . . . . . . . . . . . IX. OWNERSHIP, OPERATION AND MAINTENANCE . . . 35 APPENDICES A. DEMAND PROJECTIONS R. SUMMARY OF EXISTING UTILITIES C. SURFACE WATER INTAKES - LAKE NORMAN D. EXISTING TREATMENT PLANTS LAKE NORMAN E. HYDROGEOLOGIC RECONNAISSANCE -BRAWLEY PENINSULA F. STREAM CLASSIFICATIONS - NCDEM G. DISCHARGES TO SURFACE WATERS - NCDEM H. NCDEM BASINWIDE PERMITTING PROGRAM NPDES PERMIT - PINNACLE SHORES J. LAND APPLICATION REGULATIONS K. SOILS REPORT - BRAWLEY PENINSULA L. LAND APPLICATION TECHNOLOGY M. INTERBASIN TRANSFER REGULATIONS N. PLANT COMPLIANCE REPORTS - LAKE NORMAN O. WASTEWATER IRRIGATION ONTO MANAGED FOREST LANDS P, NCDEM OPERATOR CERTIFICATION PROGRAM Q. DISCHARGE MONITORING REQUIREMENTS R. NON -DISCHARGE MONITORING REQUIREMENTS S. INFORMATION - EAST LINCOLN COUNTY WATER AND SEWER DISTRICT T. GENERAL STATUTES AND INFORMATION - SANITARY DISTRICTS U. SANITARY DISTRICT SUMMARY V, SANITARY DISTRICT PROFILES FIGURES VICINITY MAP UTILITY SERVICE AREAS SURFACE WATER INTAKES - LADE NOR AN 4. EXISTING 'TREATMENT PLANTS UTILITY PLAN - PINNACLE SPORES SM UTILITY PAN - PPA d'LEY PENINSULA . STUDY AREA (FROM VVILLISENGINEERS REPORT -1988) 8. WATER SERVICE EXTENSIONS ( FFIOM WILLIS ENGINEERS REPORT 1988) WASTEWATER SERVICE EXTENSIONS I; FROM 1 WILLIS ENGINEERS REPORT - 1 SSSI 10. DEGREE OF TREATMENT IVIPARISNS 1, PROCESS FLOW SCHEMATIC - PINNACLE SHORES 12. PLANT SITE PLAN - PINNACLE SHORES 3. PROCESS FLOVV SCHEMATIC - PPAWLFY PENINSULA 14. PLANT SITE PLAN _ BRAVVLEY PENINSULA FO rR in September, 1993, Crescent Resources, in filed rezoning petitions with iredeil County for two projects located on Labe Norman in southern iredell County. both projects proposed the creation of new utility systems to serve the developments as described in feasibility reports prepared for the projects evaluating the creation of nc 'i sanitary districts.. The extent of public comment and questions arising from the elected officials and citizens in the project areas has been substantial and in an effort to respond to these concerns, Crescent authorized the completion and distribution of the following supplemental engineering information I. INTRODUCTION As a result of improving economic conditions in early 1993, Crescent Resources, Inc. elected to proceed with master planning of two projects in southern Iredell County now referred to as Pinnacle Shores and Brawley School Road Peninsula. These projects are primarily residential, single family recreational communities with emphasis on the unique quality of life on Lake Norman combined with high quality housing. The master planning process for these two planned communities included evaluation of utility service alternatives. This Report provides background information on alternatives considered and detailed information on the proposed utility systems for each project. The independent study, field work, and assistance of Mr. Toney Jacobs (soils analysis), Mr, Mike Floyd (hydrogeology), Dr.. A. R. Rubin (land treatment), representatives of NCDEH and NCDEM, Mr. Charles Greer (Kimley-Horn), representatives of the Town of Mooresville, and representatives of Lincoln County, is gratefully acknowledged. Also, special appreciation to the Centralina Council of Governments, Charlotte -Mecklenburg Utility Department, and Mid - South Waters Systems, Inc. IL ©ESCRIPTIOI I' OF PROPOSED DEVELOPMENT A. General The general location of the Pinnacle Shores and Brewley Peninsula Projects is shown on a Vicinity Map included as Figure 1. Both areas are located on Lake Norman in southern Iredell County with extensive lake frontage, otherwise the sites are unique with substantially different acreages and land characteristics. There is no existing development nor housing on either tract and both tracts are wholly owned by Crescent Resources, Inc. Master Plans of each site have been developed and served as the basis for filing the respective rezoning petitions. Zoning in existence is significantly different for each site and the rezoning petitions thus request changes to current zoning based on the proposed Master Plans. Neither site is presently served, nor adjacent to, any existing public utility service area. There are no known wells or other potable water supply, septic systems or other waste treatment systems in existence on either site. B. Pinnacle Shores Site The Pinnacle Shores Site consists of 250.46 acres. Within this acreage is also included 5.09 acres leased to the Queen's Landing Development, which is already zoned for the current business use and is not a part of the rezoning petition. A commercially zoned parcel (G-B) of 14.87 acres on the south side of NC 1 50 is proposed for continued designation for commercial use, but under a new zoning lC-B). Crescent proposes to develop 415 single family lots in the Peninsula Shores project. No other development is proposed on the site. 2 Brawiey School load Peninsula ey School Road corridor. redell County boundary, From the County line north and to, and along Chuckyypod and McKenciry Roads, Crescent proposes to utilize approximately 955 acres fora major new, master planned„ golf course community. A substantial po the rezoning petition rdguesi Crescent presen heading south to\ owns extensive acreage along the d he Mecklenburgd on o1 a. his acreage is present s down -zoning to residential The proposed roaster plan calls for development of two cor acres, and a golf course and clubhouse inn 167.5 acres. y zoned industrial se. cil s Resident are proposed on 1,298.9 acres with a total of 2144 un course, over 52 acre; Master ter Plan. es totalling 64.4 l single rt addition to the golf undeveloped common open space are provide to III. DEMAND PROJECTIONS A. General Evaluation of utility service alternatives began with development of water supply and wastewater disposal requirements for the proposed projects. Regulations promulgated by the N. C, Division of Environmental Health (Water) and the N. C. Division of Environmental Management served as the basis for these projections. In addition, actual demands from similar projects were reviewed. B. Water Supply Under the "Rules Governing Public Water Supplies" (Article 10 NCAC 10D Section .0600 through .2200) systems providing potable water to residential communities should be capable of supplying a minimum of 400 gallons per day per household (Average Daily Demand). In addition, where groundwater wells are the source of supply the combined yield of all wells serving the system must be sufficient to supply this average daily demand in a 12 hour period. Storage and distribution facilities must be designed to also meet peak demand periods. Projection of demand for other uses such as commercial or retail may be based upon building square footages, number of seats (restaurants), fixture analyses, or historical records of similar uses. A summary of the projected demands for each of the proposed Crescent projects is presented in Appendix A and summarized below in Table 1. 4 Table 1 Pro Water Supply Der ands Protect Pinnacle Shores Frawley School Road Peninsula Protected Average Daily errand 17'7,250 GPD 888,850 GPD The demands noted above are for water supply for potable uses. Water for fire protection, though not a requirement of the NCDEH, is typically provided from storage facilities. Waste ate r Flows The NCDEM provides m ntmurn requirements for deter 15 NCAC 2H .0201 These rules establish the fl1 family units at 360 gallons per day and provides guidelines 1 of land use. Table 2 below presents the results of the developments and additional detail is included Protect Pinnacle Shores Frawley School Road Table Projected Vliast ate too projec n Appendix A. Flame identlal single; rom other types ons for the proposed Protected Average Daily 149,400 PP 786,840PC Based upon review of i filar projects and systems, the per residence flows for typical single fa ily housing is in the range of 200 to 250 gpd. Designs based generally upon the projected flows above allow for a factor of safety including potential infiltration over the life of the collection system, SECTION IV - EXISTING FACILITIES AND SERVICE AREAS A. General In order to develop and evaluate alternatives for water supply and wastewater disposal an inventory was performed of existing utility systems in the area. The survey included contacts with NC[)EH. NCDEM, and the N. C. Utilities Cormrn/ogiom. Existing Systems Existing municipal or public systems in the area include: City of Statesville (Water and Sewer) Town of Troutman (Water Only) Town of K400naoviUo (Water and 8evvor) Charlotte -Mecklenburg (Water and Sewer) ' (Includes Town of Davidson) West kmde||Water Corporation (Water Only) In addition, Lincoln County is developing a new system in the eastern part of the County, which will be the East Lincoln County Water and Sewer District. There are several privately owned and operated utility systems in the area, Theme are owned by Duke Power Company, Mid -South Water Systems, Inc., and two homeowner associations. /\ summary of these systems is presented in Appendix B' and the general location of the respective service areas is shown on Figure 2. C. Water Supply The systems listed in Appendix Buti|iae either surface water orground water (vveUu) for supply of raw vvater, The following withdraw water from Lake Norman and the location of the intakes is nhnvvn on Figure 3: 7 Town ofMooresville Lincoln County Duke Power (Marshall Steam Station A future intake from the lake is presently being planned by the Charlotte- Mecklenburg Utility [>apanLrnen1 (CK0UD). Older intakes exist at HunteroviUm and Davidson. but are not in use as these communities are now supplied by CWiUD. The existing water intakes on Lake Norman are listed inAppendix C. The remaining systems, both public and private, obtain their water from deep vveUo, with the exception of the City of Statesville, which withdraws water from the South Yadkin River. D. Sewage Treatment The City nfStatesville treats and discharges wastewaters to Fourth Creek, and Third Creek. The Town of K4gonaav|Uo treats and discharges wastewaters tVthe Rooky River. The East Lincoln County system discharges toForney Creek, The Charlotte - Mecklenburg Utility Department operates five major plants, one discharging to McDowell Creek (Mountain Island Laha)'one toMallard Creek, one toSugar Creek, one to Irwin Creek and one tnMcAlpine Creek. The McGuire Training Center discharges to the Catawba River below Covvaom Ford Darn. The customers of West |radeU, Troutman and Pine Isle systems depend upon individual septic tanks for disposal. The remaining systems all utilize treatment plants and discharge to Lake Norman for disposal nfwastewaters, The location ofthe,seplants iashown onFigure 3and listed in Appendix D. 8 SECTION V - ALTERNATIVES FOR WATER SUPPLY A. General As noted in Section IV, the existing utility systems in the area utilize either surface or groundwater for raw water supply. For the Pinnacle and Brawley projects, three alternatives were investigated. Connection to existing systems previously listed was evaluated based on proximity to the projects and excess capacity. development of new groundwater wells was considered viable based upon the success of other systems in the area. And, finally, the installation of new raw water intakes into Lake Norman was also evaluated, Existing Systems Connection to existing public systems was first considered as the most desirable solution for water supply and fire protection. Neither the Statesville, Troutman, nor South lredell systems were sufficiently close to the proposed projects to be economically practicable. The Lincoln County system in on the opposite side of Lake Norman and thus not feasible for extension of service, The only existing system within proximity to the sites is the Town of Mooresville, which has water mains approximately five miles from the project. Although the distance is significant, booster pumping systems and large lines could possibly be utilized to extend service. Investigation of the existing privately operated systems in the area revealed that none of the systems had excess capacity sufficient to meet the projected demands of the projects. C. Groundwater Wells As noted in Section IV, several existing systems utilize groundwater wells for supply as do numerous communities and developments across North Carolina and the United States. North Carolina is generally considered fortunate with extensive groundwater 9 resources, although the quantity and quality of well water varies across the State. In July 1989' the Water Resources Research Institute of the University of North Carolina published a[eport "Historical Account of Public VVato, Supplies in North Carolina". The report documented that over 2,056 groundwater systems existed at the time serving over 1.3 million North Carolinians. This compared with 294 surface water systems serving approximately 3.2 nmN|k)n people. Hydrologic information and records on existing wells in the project areas were reviewed and agroundvvater reconnaissance study was performed for the Brovx|ey Peninsula area due to the magnitude of the proposed project, The study is included as Appendix E. The studies indicate that a series ofdeep wells for each project shou|d becapable of supplying the projected water demands and can be constructed in phases as each project develops. A number of residential single family vveUa already exist in the area in addition to the community wells serving the systems enumerated in Section |V. Based on the geology of the area, the significant recharge afforded the aquifers from rainfall and proximity toLake Norman and the proposed spacing from existing wells, the wells proposed for service to the new developments should not impact existing well yields (reference Appendix E). D. Surface Water Lake Norman serves as the raw water supply for several systems as previously noted and is classified VVS'|V'B (water supply Class |V and bodily contact recreation ' reference Appendix F) by the NCDEK4. Lincoln County has recently completed anevv intake near Westport and CK0UD is proceeding with planning a new intake off NC 73 in Mecklenburg County. The proximity of both of the proposed projects to Lake Norman would facilitate the installation of a new intake, Permits for the intakes would be required from Federal (Federal Energy Regulatory Commission) and State Authorities. -1O- VI - ALTERNATIVES FOR WASTEWATER DISPOSAL A. General Several alternatives were identified and evaluated for treatment and disposal of domestic wastewaters generated by the residents from the proposed projects. No industrial use is proposed, thus no industrial or other non -domestic wastewaters will be generated by the developments. Existing Systems As with water supply, the initial investigation centered on identification of any existing system which potentially could provide service to the projects. As noted previously, the Town of Mooresville is the only publicly operated system within possible extension of the sites. Of the private systems in the Pinnacle area, the Pier 16 plant operated by Mid -South Water Systems, Inc. is a small plant designed to primarily serve the commercial development at the Pinnacle access area and has no excess capacity and the Spinnaker Bay plant likewise is sized to provide service only to the condominium project. In the Brawley area the Mallard Head system is the nearest facility, however the plant would have to be expanded to serve the proposed project. The potential for expanding the NPDES (National Pollutant Discharge Elimination System) permit for this plant to the capacity required for the project is considered small due to potential water quality concerns over discharge to the Reed's Creek cove. C. Surface Discharge The NCDEM has continued to permit new discharges to Lake Norman based upon location and degree of treatment. All new discharges are subject to significant evaluation by the Division as to potential water quality impacts and public notice and review is required. Application for an NPDES permit or permit renewal is subject to compliance with the Division's rules and regulations, which are presented in Appendix G. 11 In 1989, NCDEM began the development of a new approach for the NPDES program. This strategy now adopted and referred to as "North Carolina's Whole Basin Approach to Water Quality Management" provides for water quality and aquatic resources to be assessed simultaneously throughout an entire river basin. The details of this program are included in Appendix H. The program provides for the development of basinwide water quality management plans and strategies and then the evaluation of new or renewed NPDES permits against these plans. This program combined with a strong commitment toward enforcement of compliance standards for discharges is allowing the Division to achieve significant improvement in water quality and plant monitoring and compliance. In 1989, Crescent Resources applied for and obtained an NPDES Permit (NC0076350) for a new discharge to serve the Pinnacle Shores area. This permit is still active although no physical facilities have been constructedt. The permit capacity is 450,000 gallons per day. Crescent does not hold a discharge permit in the Brawley School Peninsula area, although the proximity of the site to the main channel of the Lake presents the opportunity for application for a new permit. D. Land Based Treatment Several options for land based treatment were evaluated based on current North Carolina regulations. The NCDEH - On -Site Wastewater Branch, in conjunction with local health departments, regulates individual septic systems as well as all subsurface wastewater treatment systems. The NCDEM regulates and permits all land application treatment systems (spray irrigation, etc.). The Mooresville region office of NCDEM presently regulates twelve land application systems and several more have been proposed within the region. Numerous centralized surface and subsurface treatment systems are in operation across North Carolina. The NCDEM non -discharge regulations are presented in Appendix J. 12- Factors which must be evaluated for application of land treatment generally include soils, hydrology, topography, groundwater, and vegetation. Generalized soils survey and site assessments are first conducted to determine site feasibility after which detailed investigations are performed for final des/gns. Preliminary site feasibility studies conducted for the two project aneosimdicatethatrnuchofthePinnade Shores site has limited capability for supporting any land based treatment due to shallow depth of soils, nook, and severe topography, On the other hand' the Bravv|ey School Road Peninsula area appears tmexhibit suitable characteristics for land based treatment as documented in the auUs report in Appendix K. The success of |amJ based treatment in North Carolina has been well documented and is actually a required evaluation by NCDEK8 as an alternative to new point source discharges. Additional information on the use of land application technology in correspondence from Dr. A. R. Rubin is presented in Appendix L. D,. Rubin as a specialist with the N. C. State University Extension service has been actively involved in the application of land based treatment systems, including detailed follow-up studies and monitoring, in North Carolina for almost twenty years. -l3- VII - PROPOSED FACILITIES A. General The alternatives identified for providing water and sewer service were examined on the basis of current regulations and economic viability, in addition to considerations of ownership and operation. Discussions with existing utility operators, representatives of NCDEM and NCDEH, and utility master planning for each project were utilized in developing final utility plans. Evaluation of Water Supply Options Meetings were conducted with the Town of Mooresville representatives and Mid -South Water Systems, Inc., the two principal utility operations in the area of the proposed projects. In addition, contacts with Duke Power Company were made relative to the potential for creating new Duke Power operated systems for the projects. Duke presently owns and operates several major water systems in other locations. Existing Utilities Town of Mooresville By ordinance, the Town does not provide water service to properties outside the corporate boundaries. New developments petitioning for service must simultaneously request voluntary annexation. The Town's water plant has excess capacity. Based upon examination of the Town's system, the extreme distance to the proposed projects (approximately five (5) miles), booster pumps would likely be required to provide sufficient flow and pressure for fire protection. The distance separating the proposed developments from current Town limits would necessitate a "satellite annexation" process since the Town could not annex all the intervening properties. The process would require legislative approval in addition to commitment by the Town. - 14- The results of these investigations and rneednQm indicates that extension of service from Mooresville is not m viable alternative at this time. The Town has moved cautiously in expanding service beyond existing Town limits giving substantial consideration to existing citizens and potential impact to facilities and tax structure. Previous long range vvmtmr system planning by Town consultants has not proposed extension oiservice tothe area ofthe proposed projects vv(ihinthenexttvventyyearm (Reference Willis Engineer's Report Water and Wastewater Planning ' Town of Mooresville ' February 1988). W1id'SouthWater Systems, Inc, Mid -South Water Systems, Inc., as ap,ivate utility corporation, owns and operates number of community water systems in the Lake Norman area. These systems all depend on deep wells for water supply. The only system inrelative proximity 10the Pinnacle Shores area iathe Spinnaker Bay system, which serves the condominium project and the Lake Norman Motel, The system has asingle well and a hydro -pneumatic storage system, Mid -South has no existing system capability sufficient to supply the Pinnacle Shores project. The Mallard Head development and the Nor hshnres (Pine Isle) development are both in the general vicinity ofthe Bravv/eySnhoo| Road Peninsula project, and are both served bymultiple deep wells. Neither system has sufficient excess capacity tomeet the projected demands ofthis project. Based upon this review, although the Mid -South Company could operate any new system created for the proposed developments, it cannot provide water supply from existing facilities now owned, Duke Power Comr)an Similarly to Mid -South, Duke Power Company has the requisite manpower and resources for possible operation ofnew utilities, but does not gvvn any system in the project area with capacity to serve the sites, -15 2. Surface Intake - Lake Norman Utilization of vvmtar from Lake Norman would require construction of new water treatment plants oteach project. The projected development atPinnacle Shores does not support the need for the commitment ofresources toconstruct anew plant. The Bravv|eySchool project u|timgtR|yvvU|he|argaanoughtopotentiaUySupportmvvater intake and treatment facilities, however it|santicipated that the project vvU|roqu/re15 tm2Oyeorofordevelopment. The first phase ofthe project iap|annmdat|esnthmnlOO lots. It is economically impractical to build a new plant with no customer base, even ifthe construction were phased. Groundwater Supply Based upon the studies conducted, past experience in the area, and anticipated project phasing, the development nfnew groundwater supplies iathe most viable alternative for water supply tgboth projects. The number and location ofwells ultimately will be determined bvtest drilling, Preliminary locations, based upon reconnaissance and land planning are designed tolocate the wells within the project boundarims. Wells would be drilled and cnrnp|otad aseach project develops with sufficient yield to exceed the requirements ofNCDEH. Crescent has eliminated the use of individual residential vvoUo on each lot from consideration due to the lack of ultimate fire protection capability from this alternative. C. Proposed Water Systems Preliminary Master Utility Plans for the Pinnacle Shores Project amdtheBravvleySohoo| Road Peninsula Project are presented aoFigures 5and 5respectively, Ayshown, each project vvmu|d be served by a series of deep vveUa u|drnata|y located within the boundaries ofeach project based onthe results ofa tent drilling program, Preliminary location of well sites are shown. The well sites by regulation must each contain a rninirnurn protected radius of 1O0feet around the well head. Final siting of each well will also consider proximity to the Lake (minimum 100' separation) drainage features, roadways, utility lines, and existing vxeUu. Nowell may be located within the easement area nf overhead power lines, Each well will be equipped with necessary pumps, piping, electrical and controls, emergency power connection, telephone dialing system for alarm conditions, and storage for operation and disinfection. A chlorination disinfection system will also be located at each well head for disinfection prior to entering the distribution system. Each well after drilling must be chlorinated and the casing grout sealed against potential surface water contamination. Extensive testing in accordance with NCDEH and EPA regulations of the natural well water must be conducted for bacterial or chemical contamination prior to design of the well for incorporation into the system. All designs and construction observation must be by a registered North Carolina Professional Engineer and approved by NCDEH. For fire protection and good system operation, an elevated water storage tank is planned for each community. Phasing utilizing hydro -pneumatic storage will be used up to the 299th lot. Prior to connection of the 300th lot, the elevated tank must be in service. Each elevated tank will be sized based on projected system demands in conjunction with final well yields. A minimum of 200 gallons per day per connection of elevated storage capacity must be provided in accordance with NCD►EH regulations. A water distribution system will be designed and installed to convey water to all customers and provide for fire protection. Sizing of mains will provide for a minimum of 750 gpm delivery at 20 psi residual to within 500 feet at all homes for fire protection, Each well will be equipped with controls to ultimately allow for monitoring and control from the elevated storage tank. Remote telemetry will be provided to allow the system operator to also control' the facilities from a control base of operations (control building) located within each project. D. Evaluation of Wastewater Disposal Options During the meetings noted in Section B above with existing utilities, the potential for obtaining sewer service for the projects was also discussed. - 17 - Existing Utilities Town of Mooresville In 1987, the Town authorized Willis Engineers to conduct a utility study for the Town including potential adjacent new service areas. The report "Water & Wastewater Planning" was completed in 1988. Excerpts from this Report are shown as Figures 7, 8, and 9 (Figures 1, 4, and 5 from Willis Engineer's Report), The Report ultimately, used as a planning tool by the Town, did not propose nor envision expansion of water or sewer service as far west as the Pinnacle or Brawley projects. The Town, in cooperation with Iredell County, has recently extended service to Brawley School, which was included within the projected service areas shown on Figure 9, The Willis Engineer's Report projected wastewater flows for the Town's expanding service area over a twenty year period. Based on these projections, the Report indicated that the Town's 5.2 MGD wastewater treatment plant on the Rocky River would require an expansion to 7.8 MGD by 1996. In 1988, the projected cost of this expansion was $5,485,500.00 (approximately $2.10 per gallon of capacity). Current costs would likely be higher in consideration of inflation and probable impact of current treatment requirements. These costs are for plant expansion only and do not include collection system improvement costs. As noted, this expansion did not include any allowance for service beyond the areas identified in the study. Meetings with Town officials reflected a reluctance to commit to extension of service to the proposed developments in view of the already existing anticipated service area needs of the Town and the substantial cost for plant and facilities expansion. The configuration of the Mooresville system is such that major expansions to the existing collection system would be required to provide service to the Crescent projects including the expansion of three major pumping stations. A secondary, but no less significant, concern with a plan proposing conveyance of wastewaters from the developments to the Mooresville system are new "interbasin transfer" regulations. In 1993, the N. C. General Assembly passed into law G.S. 143- 215.22. A copy of the statute is included as Appendix M. In essence the law requires - 18- application for, and registration and approval of, all transfers of water (including treated wastewater) in excess of 2 MGD between major drainage basins (existing transfers are exempted). As noted above, Mooresville's treatment plant discharges to the Rocky River, a part of the Yadkin -Pee Dee Basin. The proposed Crescent developments (and likely other developments in the Lake Norman - Southern Iredell area) will utilize potable water from the Catawba River Basin. Service to this area will ultimately exceed the 2 MGD threshold, if the Mooresville system were extended, and thus the new law would apply, As noted in the law, the applicant must provide documentation as to '"The present and reasonably foreseeable future detrimental effects on the source river basin......"', and " The detrimental effects on the receiving river basin including effects on water quality, wastewater assimilation, fish and wildlife habitat, navigation, recreation, and flooding. In view of water quality problems, the NCDEM in 1992 commenced a study of the Rocky River. The River currently receives major discharges from the Town of Mooresville, the Charlotte -Mecklenburg Utility Department (via tributary from Mallard Creek) and the City of Concord. In addition, a number of smaller privately owned plants discharge with the basin. In essence the Division is investigating concerns regarding the depletion of the assimilative capacity of the River by comparing the discharge loadings to the low flow conditions from historical records through computer modeling. Through the results of the study, the NCDEM will formulate and administer policy regarding new or expanded discharges. The fact that the Mooresville plant is situated in the upper reaches of the River Basin, where low flows are even more of a concern, may result in eventual restriction of discharge quantity. In any event, the potential for conveyance of the wastewaters from the Southern Iredell area to the Mooresville system would arise significant concern and evoke substantial study of potential impact to respond to the regulatory requirements of the new law and the NCDEM. In view of this information and the meetings with Town officials, extension of sewer service from the Town is not considered a viable alternative at this time. 19 Mid -South Water Systems, Inc. Mid -South Water Systems, Inc., owns and operates treatment plants which serve the Pier 16 commercial development and the Spinnaker Bay Condominium projects. These facilities are not capable of providing service to the Pinnacle Shore project. Likewise the existing Mallard Head treatment plant does not have existing capacity sufficient to serve the Brawley Peninsula project, and it is considered unlikely that this plant could be expanded, Thus, service by Mid -South from existing facilities was not found to be a viable alternative. Duke Power Company As with water supply the existing Duke Power sewer system in the area are capable of providing service only to the power facilities they serve. 2. New Surface Discharges As noted in Section VI, Crescent previously obtained an NPDES permit at the Pinnacle Shores site. The proximity of the site to the Lake is such that discharge of treated effluent can be extended directly to the main channel of the Lake, which is preferred by NCDEM. The topography and soils of the Pinnacle site were found to have variable limited usability and concerns regarding overall suitability served as the basis for originally obtaining the permit. Crescent proposes to construct a new plant under the authorization of this permit to serve the project. In the case of the Brewley School Road Peninsula, this site also is situated such that access to the main channel for discharge is within a reasonable distance. However, the suitability of the topography, soils, and substantial land holdings by Crescent in this area support the use of a land based treatment system, In fact, under current NCDEM regulations, a new discharge for this project cannot be obtained unless it were fully demonstrated that a land based treatment option were not viable. - 20 Regarding existing discharges, copies of the self monitoring reports for the treatment plants now discharging to Lake Norman were reviewed (Appendix N.) This review and discussion with representatives of the NCDEM indicate a good compliance record for these plants during the twelve month period reviewed. Land Treatment The results of the preliminary soils investigation for the Brawley School Road area (Appendix K) indicates that suitable land is available to serve the proposed project. This alternative as described in the next section also allows for beneficial reuse of the treated wastewater, a stated goal of national environmental policy by the Environmental Protection Agency, and also embraced by NCDEM. The Master Plan for the Brawley School Road Peninsula project includes the development of a new golf course. The proposed land treatment alternative will utilize treated effluent for irrigation of the course supplemented by water from Lake Norman. Land in the project area owned by Crescent in timber production will also be used as dedicated receiver sites to enhance timber production. The beneficial reuse of treated wastewaters for these types of land use has been promoted by NCDEM and numerous systems are now in operation, either as golf course applications or dedicated sites. With regard to timber production, a paper by Dr. Rubin is included as Appendix 0, which provides a report on the success of a land application system to hardwood forest. E. Proposed Wastewater Systems 1. Pinnacle Shores A centralized collection and waste treatment plant are proposed for service to the Pinnacle Shores project. The collection system would utilize a combination of gravity sewer, low pressure sewer, and remote pumping stations for conveyance of wastewaters to the treatment plant as shown on Figure 5. All remote pump stations would be equipped with stand by power generators and telephone dialers to monitor alarm conditions. - 21 - The proposed treatment plant vvnukj be situated within the boundaries ofthe project and treated effluent would bepumped through asubmarine outfaHtothe main channel of the Lake. The P4PDES permit establishes the degree, oftreatment required for the plant (reference Appendix |), However, due toadesire byCrescent toset aprecedent for providing a higher quality of effluent with no impact \othe Lake, The plant will be designed tnmeet more stringent limits, though not required byNCDEKA. Aonnnpanmon of this proposed level of treatment with other significant plants operated by CMUD and the NPQES permit iopresented aoFigure 10. The proposed plant, in order to achieve this degree of treatment, will be designed with multiple processes as shown in the Process Flow Schematic on Figure 1 1. The plant will be designed in phases as the project development dictates and will nUnvv for expansion to serve other areas outside the project as appropnete. The plant dookJm will also incorporate flexibility for the addition of other treatment processes as K/CC>EM basin wide planning dictates and as new technology becomes available and is appropriate for application atthe facility. The proposed plant will utilize "built-in place construction" in lieu of "package type" treatment units, Facilities will be provided for administration and records keeping and for storage of chemicals (chlorine, settling aids) and spare parts. The post aeration basins will be designed to provide emergency storage capacity for the plant. As shown on the site plant for the plant in Figure 12, the design of the plant will incorporate buffer areas to screen The facility from existing roadways and proposed development and will exceed the rninirnurn requirements ofNCDEK4. Regarding the detailed design of the plant, the plant will utilize ^aermbic" treatment processes and eliminate the potential for odors inthe vicinity ofthe plant, In addition, all mechanical components will designed to eliminate any adverse impacts to existing orproposed development, -22' 2. Brawley School Road Peninsula As with the Pinnacle Shores project, this development will also utilize centralized collection and treatment of wastewaters generated with the exception of the first phase of the project along Chuckwood Road, which will utilize individual on -site septic systems. The remainder of the project including the proposed golf course and commercial areas will be served by a combination of gravity and pressure sewer collection lines and remote pumping stations to convey wastewaters to the central treatment facility as shown on Figure 6. As with Pinnacle Shores, all remote pump stations will be equipped with stand-by generators and telephone alarm systems. Treatment and reuse of wastewaters from the project are proposed for application to the golf course and dedicated timber lands owned by Crescent. The proposed plant will provide an extremely high degree of treatment as required by NCDEM regulations for all golf course wastewater irrigation systems (Appendix J). The proposed treatment processes are depicted on Figure 13. The NCDEM regulations require a five (5) day emergency holding pond be constructed on the plant site as shown on Figure 13, and a wet weather storage pond will also be built to allow for storage of treated effluent during inclement weather. As with the Pinnacle Plant, only aerobic treatment processing will be employed at this facility to eliminate potential odor problems at either the plant or on the spray area. The degree of treatment will be the same for wastewaters applied to the timberlands as to the golf course. The treatment plant site will incorporate extended natural buffer areas around the plant as shown on Figure 14. This site is totally on existing Crescent timberland and the existing trees will be preserved in the buffer area, In addition, a minimum 100' undisturbed buffer will be preserved around all timberland spray areas. Where previous timbering activities have removed substantial tree cover, new trees will be planted in the buffer area as the spray systems are installed. All facilities will be constructed in phases as the progress of development dictates. - 23 - SECl[IOPWVN;-SYSTEM RELIABILITY A. General The proximity of the proposed developments by Crescent to Lake Norm�n, the major water supply and recreational resource for the region, requires ostrong commitment 10operational reliability. Similar tothe philosophy practiced byCrescent with respect to the high quality and standards for the developments, there is the further commitment tnproviding state ofthe art utility systems and environmental sensitivity to the Lake. The features proposed for incorporation into the systems for physical plant and system reliability are described herein' and the operational aspects are discussed in Section |)<. Design and Construction The proposed waste treatment facilities will utilize built-in place construction. Each plant will provide dual or multiple path treatment such that each treatment process has aback-up capability. All mechanical components will beduohoedand a stock of spare parts for each will bomaintained mteach respective plant. Each plant will be equipped with alarms to monitor key treatment functions and processes including pumping units. Telephone dialers will be installed at each facility to monitor alarm conditions. Each plant will be equipped with o stand-by power generator with automatic transfer switching to activate the unit in the event of power failure. All tanks will undergo stringent leak testing requirements and vvhens holding ponds are proposed' liners will be installed to prevent any leakage togroundwater. All plant sites will befenced for security, '24' C. Monitoring The NCDEM regulations require significant monitoring and reporting of the operation of the proposed facilities. Each plant must be under the operational supervision of a certified operator holding a valid operator's certificate from the Operator's Certification Commission. It is anticipated that the proposed plants will be minimum Class III facilities. The operator requirements are presented in Appendix P. The NCDEM will establish monitoring requirements for each plant based on locations, processes, and degree of treatment. Typical monitoring requirements are included in Appendix Q (Discharge) and R (Non -discharge). A requirement of the design and construction of the land based system is that ground water monitoring wells be installed around the facility and spray fields in accordance with site evaluation by the NCDEM Regional Office, and review of the final system design. Sampling and testing of these monitoring wells is an integral component of the compliance program for all non -discharge land treatment systems. I Enforcement The NCDEM has responded over the past few years to complaints of inadequate enforcement of NPDES permits with an intense and effective campaign to bring permit violators under fines and criminal prosecution. It is now a felony in North Carolina to knowingly violate an environmental regulation related to the operation of waste treatment facilities. Through enforcement action, the NCDEM has levied and collected substantial fines. With the support of the courts, the State has incarcerated utility operators with a proven record of environmental non-compliance. Civil penalties of up to S 10,©00.00 per day may be imposed by the Division for permit or other regulated environmental offenses. The previously held notion that the ''self -monitoring" program administered by NCDEM allows for gross negligence in plant operations is being eradicated by the dedication and success of the Division in prosecuting violators including operators and utility owners. 25 In addition to the enforcement of environmental |avve, the NCC}EK4 also revlaxxe and approves all des,igno and construction documents for new treatment facilities, This review process begins at the local level with site inspections and evaluation by representatives from the NCDEK0 regional office (Mooresville). These site investigations include representatives from the Groundwater Section for review of potential groundwater impacts, and from the Water Quality Section for review of the actual plant site. Final review mfplans and specifications isperformed bythe Permits and Engineering Branch ofNCDEMinRaleigh. Final authorization toconstruct requires approval from both the Regional Office and the Permits Section. After issuance of the Authorization To Construct (ATC)' the NC[}EK4 requires that a Registered N. C. Professional Engineer review the construction to assure Conformance with approved plans and afina| certification is required before operational approval is granted. Each step ofthe process mfcreating anew utility system involves detailed planning and review. Final designs are site specific and all factors must be carefully considered to accomplish the goal of creating a high quality, operationally successful, system, 26' SECTION UX'OWNERSHIP, OPERATION, AND MAINTENANCE A. General Although careful planning, siting and expert design are iotognm| ingredients to the creation of new water and sewer facilities, the completed systems will ultimately succeed only if constant diligence is provided for proper operation and maintenance. In the absence of any public utility, the ownership of the systems will play amajor factor in the long term reliable operation of the systems. B. Ownership Options Several ownership options exist for the proposed un|Nv systems for the Fqnnao|c Shores and Bravv|ey Peninsula projects, Homeowner's Association (HOA) The systems could be conveyed to Homeowner's Associations created for each project. H[JA^owill becreated for each project tnoxvnoornrnuna|property<openanaan and recreational faoiHties>. The H0A'ycould also own and operate the utility systems. Certified operators would be required and the HO/4and homeowners would accept legal responsibility and obligations associated with the systems. Homeowner's dues would be set so ostncreate sufficient funds to support the operatipno, This type of operational structure has frequently been used incondominium developments. Due to concerns over the ability of this structure to provide for the long term stability of the utility systems, the potential for significant problems in management of the systems since administration vvnm|d effectively be by committee, and the practical inequities in uniformly charging for utility service im HOAdueorather than through a rote structure based on actual usage, Crescent has also rejected this form of ownership. -27 Duke Power Company Crescent Resources, Inc., is a wholly owned subsidiary of Duke Power Company. As noted previously, Duke already operates several water supply systems, and, as an existing public utility operating under the Utilities Commission, possesses the requisite management and operational expertise to assume ownership of the proposed systems. Although preliminary discussions have been conducted with Duke representatives, an operational agreement or proposal has not been developed. This option may be further investigated in view of the stability and resources Duke would be able to bring to operation of these utilities, however at this time, Crescent proposes to continue to pursue an alternative option for ownership. Mid-Southor Other Private 1 tifiy Although Mid -South is the only private utility owning systems in close proximity to the sites and which maintains a corporate office at Sherrills Ford near the Pinnacle Shores site, several other private utility companies also could potentially own and operate the proposed systems. Each of these utility companies is authorized to operate by the N. C. Utilities Commission and maintains certified operators and other qualified operations, maintenance, and administration personnel. The key factor in Crescent rejecting the possible conveyance of the new systems to one of these utility operators is that once the systems and appurtenant properties (well sites, plant and equipment, etc.) are conveyed, any future public utility (Iredell County, Mooresville, etc.), which enters the area must negotiate and purchase the systems from the private utility. This scenario could potentially deter the eventual service to the area under the umbrella of a public utility system, and has therefore also been rejected. CountyOperation For several years, the concept of Iredell County developing a utility operation or creating a water and sewer authority has been periodically debated. To date, the County has not concluded this debate and proceeded with the creation and financing of a new utility operation. Until such time as the County takes such action, other alternatives must be pursued. Recently, Lincoln County has created The East Lincoln County Water and Sewer District. Information on the District is presented in Appendix S. Over the next few years, this District will be creating a $ 1 4 million centralized wastewater collection and treatment system. The system will be paid for through revenues from operation, connection fees and increased taxes. Wastewaters will be treated and discharged to Forney Creek, which is a tributary to Dutchman's Creek, which flows to Lake Wylie.. Sanitary District In the absence of a County system, or current proposal to create a new system, and without the potential for connection to the Mooresville system, Crescent has concluded that the most flexible and reliable long term solution to operation of the proposed utility systems, is the creation of a new sanitary district. This district would be similar to that implemented by Lincoln County, but would not be administered by Iredell County. As compared to the other ownership options, a sanitary district provides the structure for the beast complicated transition to a Countywide system for the area in the future and could serve as the nucleus for creation of a customer base for a County system, A copy of the General Statute pertaining to creation of sanitary districts is included in Appendix T. C. Description of District The following summarizes the pertinent facts related to creation and authority of the proposed sanitary districts for the Pinnacle Shores and Brawley Peninsula developments: - 29 - CREATION n. Authorized mndexN. C. General Statutes Sect. 130/\-47tn 130A-87. b. Petition required by 5196 or more of Resident Freeholders within Proposed District. (See attached typical petition) c. Public hearing required at a location within the [}imthnt held jointly by County Commissioners and the N. C. Division of Environmental Health. d. After the public hearing, the County Board of Commissioners must adopt a resolution defining the boundaries of the District and declaring the territory within the boundaries to be a Sanitary District. m. Final approval of Dim1ho1 required by Commission for Health Services. f. After commission approval, the County Board of Commissioners shall appoint (elect) the District Board of three (3) members from residents within the District. At the next general election, Board rnmrnbera shall beelected from and byresidents within the District and the Board of Commissioners may increase the District Board members to five (5). 2. AUTHORITY AND POWERS (PARTIAL LISTING) a. Acquire, 000stouct, maintain and operate sewage collection, treatment and disposal systems for the preservation and promotion nfpublic health within the District. b. Aoquire, construct, maintain and operate vvotar supply, purification and treatment systems for the preservation and promotion of public health within the District, C. To acquire, construct, maintain and operate water and sewer systems outside the corporate Urnito of the District as may be necessary and appropriate for the preservation of the public health with reasonable limitation. d. To levy tmwom, to issue bonds and to pay the principal and interest on bonds and notes of the District. c' To acquire by purchase, condemnation or otherwise and hold real and personal property, easements, rights of ways, water rights within or without the corporate limits of the District as necessary for the construction or maintenance of the works of the District, f. To employ and compensate engineers, counsel, and other persons as may be necessary to carry out projects. 9. To levy and collect taxes sufficient to pay the costs of collecting and disposing of garbage, waste and other refuse and to provide fire protection and rescue services in the District. h' To employ staff and other personnel as necessary to carry on the business of the District. REQUIREMENTS o. Must abide by general statutes and N. C. law. b. Must abide Uyregulations ofy4.C.Division ofEnvironmental Health and Environmental Management. C. May issue bonds inaccordance with the Local Government Finance Act. d. Must retain a registered N. C. Registered Engineer for the preparation of the sanitary District Plan and all facilities constructed by the District must bedesigned byaN. C. Registered Engineer, e. Must operate under anannual balanced budget adopted in accordance with the Local Government Budget and Fiscal Control Act. 4. LIMITATIONS e. The District may provide services outside the District boundaries as deemed appropriate bythe Board and approved by residents abiding in the District, b. The District may annex adjoining (000tiguuuo)areas upon the petition of 51% of the Resident Freeholders within the territory to be annexed. C. Upon receipt of m petition of 1596 or more of the Resident Freeholders in an adjoining territory, the District Board may request that the Ouanj ofCounty Commissioners hold opublic hearing, and if held, then may further order m special election upon the question ofannexation. The annexation must also bevoted on bythe residents within the District, The following is a summary of procedures for creating a Sanitary District in accordance General Statutes of North Carolina Article 2, Part 2, Section 130A'47 to 130/\'87: w ith 31 Obtain the services of an attorney for legal advice and for preparation of documents relating tothe proposed Sanitary District. Also, ecompetent professional Engineer should be employed to survey the proposed area to be included inthe district and to prepare a map clearly defining the boundary lines. A description of the proposed district, defining the boundary lines and stating the objectives o/the district should hn included in the original petition. 2. The petition for creation ofthe sanitary District should be circulated in the proposed district and the signatures of fifty-one percent (51 %) or more of the freeholders within the district voluntarily obtained on the petbinn. After' and it, the required signatures have been obtained on the petition, an affidavit should beobtained from aresponoib|e person living within the proposed district stating that the signatures on the petition represent fifty-one percent <51Y6> or more of the freeholders in the district. 4. The petition and the affidavit should be presented to the Board of County Commissioners of the County in which all or the |omgomt portion of the land of the proposed district is located. Upon receipt of the petition and the affidavit, the Board of County Commissioners, through its chairrman, shall notify the Department of Human Resources of the State of North Carolina (and the chairman of the Board of County Commissioners ofany other county orcounties inwhich any portion of the proposed district lies) of the receipt of the petition and nh8U request that a representative of the Department of Human Resources hold a joint public hearing with the County Commissioners of all the counties in which a portion of the district lies concerning the creation of the proposed Sanitary District. The Secretary of Human Resources and the chairman ofthe Board of County Commissioners nho|| name atirne and place within the proposed district atwhich the public hearing shall be held. The Chairman of the Board of County Commissioners ahaUi give prior notice of the public hearing by posting a nmtvoa at the courthouse door and also by publication in a newspaper published in the County atleast once e week for four successive weeks. (The first notice should be published at least thirty days prior to the date of The hearing). -32 6. Prior to the public hearing, the Department of Human Resources should have the original petition with an exact description of the territory to be included in the proposed district; a map prepared by a competent engineer showing the boundary lines ofthe proposed district; an affidavit from e responsible person living within the proposed district stating that the signatures on the petition represents fifty-one percent (51 96) or more of the freeholders in the district; an affidavit from the newspaper in which the the notice ofpublic hearing was published giving the dates of publication and also a copy ofthe notice aspublished iothe paper; the notice nfthe hearing aoposted atthe courthouse, If any industrial plant and its contiguous village is situated within the proposed district, an applications should be filed with the Commission for Health Services before the date of the public hearing by the person, persons or corporation owning or controlling such industrial plant and its contiguous village requesting that the plant and village beeither included within or excluded from the proposed Sanitary District. If after the joint public hearing, the County Commissioners shall deem it advisable to comply with the request ofthe petition, the Board of County Commissioners should adopt a resolution approving the creation of the district. The representative of the Department of Human Resources will present his recommendations and pertinent data and documents tothe Commission for Health Services. |fthe Commission for Health Services shall also deem it advisable to comply with the request of the petition it shall adopt a resolution to that effect, defining the boundaries of the district and declaring the territory within such boundaries tohea Sanitary District. 8. Copies of the resolution creating the Sanitary District are sent to the board or Boards of County Commissioners of the county or counties in which all or parts of the territory within the district is located. 9. The board or Boards of County Commissioners hold a meeting for the purpose of electing a Sanitary District Board of three members, residents within the district, This board will serve until their successors are elected and qualified. At the next general election, candidatesfor the district board shall be nominated in the primary and elected atthe general election of county officers, exceptthatthe nomination and election shall be confined to the district. Prior to the appointment of a Sanitary District Board or prior to the election of the members of a Sanitary District Board at any general election, the County Commissioners may by resolution determine that such Sanitary District Board shall consist of five members, rather than three. 10. The following is a suggested form for preparing the petition. NORTH CAROLINA County PETITION TO THE HONORABLE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF We, the undersigned, constituting fifty-one percent or more of the freeholders within the proposed district herein set out, do hereby petition the Board of County Commissioners of the County of to es ab ish a sanitary district o be known as the Sanitary District in compliance with Chapter 130A, Article 2, Part 2, of the General Statutes of the State of North Carolina. The primary object of the sanitary district is to provide a public water supply and wastewater disposal for the residents of the district for the preservation and procreation of the public health and sanitary welfare within the district. In addition to the aforesaid object, we request that the sanitary district be vested with the powers set forth in General Statute 1 30A-55. The proposed boundaries of the district are as follows: D. Existing Districts Contact with the NCDEH identified a listing of existing operating Sanitary Districts in North Carolina. These districts are scattered around the State. A list and summary profile of several of these districts is presented in Appendix U. Many more districts have existed in the past and have gradually been dissolved as municipal or other public utility operation reached the district boundary. This history is representative of the concept now proposed by Crescent to allow for the smooth transition to public utility as Southern fredell County continues to grow and develop. Information on several of the Districts interviewed during this study is presented in Appendix V. - 34 SECTION X - SUMMARY Crescent Resources has petitioned lredell County for rezoning of two separate land tracts in Southern Iredell County. The rezoning requests have been accompanied by proposed Master Land Use Plans. In conjunction with the development of these Master Plans, Crescent has also authorized and embraced utility plans for each site to provide centralized water and sewer service. These plans propose the development of new wells for water supply and construction of water storage and distribution facilities at each site. Wastewaters generated at each site would be collected and treated in waste treatment facilities. Wastewaters would be discharged after extensive treatment from the Pinnacle Shores Plant to Lake Norman, while wastewaters at the Brewley School Road Peninsula Site would be recycled and reused for irrigation of a new golf course and existing timberlands. Crescent proposes the creation of two new sanitary districts to own and operate the systems, which would then serve as the nucleus for eventual area wide water and sewer service to the Lake Norman area. - 35 - 1. WATER SUPPLY A. Pinnacle Shores Residential Demand No. of Connections DEMAND PROJECTIONS Average Demand/Connection 415 400 GPD Commercial Usage Projected Square Footage Average Demand/1©00 S.F. 45,000 S.F. 250 GPD APPENDIX A Total Average Daily Demand 166,000 GPD Total Average Daily Demand 11,250 GPD TOTAL 177,250 GPD Brawley School Road Peninsula Residential Demand No. of Connections Average Demand/Connection 2,144 400 GPD Commercial Usage Projected Square Footage Average Demand/1000 S.F. 1) 80,000 S.F. 2) 45,000 S.F. TOTAL ll. WASTEWATER FLOWS A. Pinnacle Shores Residential Demand No. of Connections 415 250 GPD 250 GPD Flow Allowance/Connection Total Average Daily Demand 857,600 GPD Total Average Daily Demand 20,000 GPD 11,250 GPD 888,850 GPD Projected Avq. Daily Flow 360 GPD 149,400 GPD Commercial UsageProjected Avg. Prolectedr Square Footage Flow Allowance/Connection Daily Flow 45,000 S.F. 120 GPD/1,000 S.F. 54,000 GPD TOTAL 154,800 GPD Bra ley Schoo Road Peninsula Residential Demand No. of Connections 2,144 Commercial Usage Projected Square Foote 180,000 S,F. 2) 45,000 S.P. TOTAL PIo A owarice/Cortilection 60 GP Flow Allowance/Connection 120 PC 120 Pi Prultdd Avg. Daily Flow 171 840 GPD Projected Avg, Daily Flow 9,600 GPD 5400 GPO 786,840 P SUMMARY OF EXISTING UTILITY SYSTEMS Public Services City of Statesville Town of Troutman Town of Mooresville Charlotte Mecklenburg Utility Dept. (CMUD) (Includes Town of Davidson) West lredell Water Corporation East Lincoln County Water and Sewer District (Under construction) NCDOT - Iredefl County 11. Private A. Duke Power Company Marshall Steam Station McGuire Nuclear Training Center Duke Power State Park B. Homeowner's Associations Lake Norman Woods Governor's Island APPENDIX B Water and Sewer Water and Sewer Water and Sewer Water and Sewer Water Only Water and Sewer Water and Sewer Water Only Water and Sewer Water and Sewer Water and Sewer Water and Sewer C. Mid -South Water Systems, Inc. Killian's Crossroads Water and Sewer Diamond Head Water and Sewer Bridgeport Water and Sewer Spinnaker Bay Water and Sewer Mallard Head Water and Sewer Alexander Island Water and Sewer Pier 16 Water and Sewer Pine Isle Water Only APPENDIX C SURFACE ` ATEINTAKES LAKE C ' AN Town of Mooresvi Lincoln County Duke Poem Charlotte -Mecklenburg l tl : ur1t r ille of in use) Davidson (Not in use) APPENDIX D EXISTING TREATMENT PLANTS - LAKE NORMAN PUBLIC Town of Catawba NCDOT - Iredell County IL PRIVATE Duke Power Company McGuire Nuclear Training Center Duke Power State Park - Swim Area Duke Power State Park - Camping Area 2. Homeowner's Associations Lake Norman Woods Governor's Island Mid South Water Systems, Inc. Killian's Crossroads Diamond Head Bridgeport Spinnaker Bay Mallard Head Alexander Island Pier 16 APPENDIX E Evaluation of Hydrogeologic Reconnaissance Proposed lredell County Peninsula Site Crescent Resources, Inc. Lake Norman, North Carolina The following report details the evaluation of the undersigned geologist with respect to his assessment of the feasibility of recovering groundwater resources sufficient to supply the potable water requirements of the proposed development to be located in the Meck-Neck area of Lake Norman in Iredell County, North Carolina. in making this assessment, the undersigned utilized information derived from composite maps of the area, U.S Geological Survey maps, geologic maps of North Carolina, his own hydrogeologic reconnaissance of the property, rock samples collected, existing similar geologic settings, etc., in conjunction with basic geologic and hydrogeologic principles and theories. The evaluation is formulated by application of the geologic setting and past experience. The practice of geology is not an exact science; therefore, other interpretations are possible based on the limited subsurface data available and the complicated geologic scenario of the Appalachian geosyncline. However, the undersigned has extensive experience in groundwater development and an excellent success rate. The reconnaissance and area of consideration was limited to the peninsular region known locally as "Meck-Neck''. Specifically, the region lies on the north side of the Mecklenburg-lredell county line, to the east of the Lincoln-iredell county fine in Lake Norman. The property is bounded by the Iredell-Meckienburg county line to the south. Lake Norman to the east and west and Chuckwood Road to the north, This long southerly trending peninsula is bisected in a north -south direction by Brawiey School Road. The property covers approximately 1800 acres, most of which is gently undulating forest and cultivated farmland, The undersigned drove and walked over those areas which were accessible and collected data from existing wells on adjacent property. Outcropping soils and rocks were examined a samples collected from ditches, streams and surface exposures. Regional Geology Geologically, the area of consideration lies within the geologic province known as the Charlotte Belt. It is a complicated sequence of igneous and metamorphic rocks which are the result of ancient plutonic and volcanic activity. Subsequent fracturing and faulting associated with the compressional forces generated during the Allegheny or Appalachian Orogeny (mountain -building event) of the late Paleozoic (310-225 million years ago) have dissected these large plutonic masses into a melange of different rock types which are typically heavily fractured. The compressional forces responsible for this "breaking and mixing" of rock types are the direct result of the African continent "crashing" into North America buckling and breaking rock masses in a fashion similar to wrinkling a throw rug by pushing one end. The primary folds of the Appalachian Geosyncline trend northeast -southwest with primary faulting (high -angle normal faulting) occurring at angles of 30c-60° relative to the axis of compression. The predominant rocks of the belt are medium to high rank metamorphic rocks of late proterozoic to Cambrian age (900-500 million years ago) and igneous rocks of Late Proterozoic to Jurassic age (900-140 million years ago). These include biotite and mica gneisses, quartzites, metavolcanic rocks, granites, gabbros and granite gneisses. Local Geology The predominant rocks underlying the area of consideration are fine grained biotite gneisses which range from massive to strongly foliated. The northeastern area of the property (south of Chuckwood Road) contains significant quantities of quartzites, quartz pebble metaconglomerates and possibly some quartz schists of the Battleground formation. The southeastern portion of the property also contains some massive granitic rock as well as some quartz diorites. Large quantities of quartz were available all over the site, much of it quartzitic and weathered. Significant vein -type quartz is also present; a good indicator of subsurface discontinuity and fracture zones. The biotite gneiss under most of the property is typically fine grained and equigranular with increasing feldspar content in the southern portion of the property. Also, some Paleozoic age slates were found in the area designated as the proposed Brawley Shores. Potential Site Selections While the primary consideration of any hydrogeologic reconnaissance is to select potential well sites for maximum water production, it is also important to consider the impact of those sites on the overall project. Consequently, the undersigned was forced to weigh the advantages of certain sites when compared to the considerable real estate value of waterfront lake property. Every effort was made to locate potential sites in areas which would least impact upscale waterfront property and still potentially supply substantial groundwater. Sites 1, 2, and 3 lie in an area south of Chuckwood Road which is slated for earliest development. Substantial vein -type quartz is present in the area, suggesting significant subsurface fracturing, The area is dissected by deep northeast -southeast trending draws and borders a contact zone between the predominant biotite gneiss and the Battleground formation lenses. Existing well data from north of Chuckwood Road and private property to the east and west is promising. These wells are generally shallow and good producers; however, no water quality data was available. Site 4 lies an the eastern side of Brawley School Road near the northernmost extent of the property. Rock character is identical to that of sites 1, 2, and 3; however, the site topography is generally steeper. Structurally, site 4 lies on the western flank of a north-northeast trending cove which is long and narrow. The linear nature suggests that it is a large fracture or fault zone oriented 60° from the principle compressional stress axis mentioned earlier. This would produce substantial fractured rock zones and encourage significant water production although loose rock could be a drilling problem. Site 5 lies on the southeast side of a long narrow draw in the proposed Brawley Shores subdivision. Rock character is similar to the first 5 sites with the addition of some Paleozoic slate rock and some white granites. The site has a structurally good position assuming subsurface fracturing at depth associated with the long draw but more importantly are the number of different rock types and their contact zones. These are also zones of weakness through which groundwater can conduit. Without knowing the aquifer rock from which the water will course, no conclusions as to groundwater quality can be drawn. However, except for the slate, most of the rock types present produce good quality water. Sites 6, 7, and 8 are located in areas adjacent to draws or coves off the flanks of the domed higher grounds of their respective peninsulas rock character is fairly uniform; mostly biotite gneisses and quartz. Good quality water should be expected but these sites would probably need to be located nearer to the lake than the preceding sites so the impact on lakefront property is more significant. An isolated parcel to the north of site 7 has a good producing well of moderate depth and the areas around sites 6 and 8 have sharp breaks in predominately hardwood to evergreen vegetation. Hardwoods typically suggest shallow overburden while evergreens prefer granitic parent rock and have deeper cover. Sharp changes in the vegetation pattern often 4 suggest varied subsurface geology which can provide good water course along contact zones. However, there is little surface sample evidence to support the theory in this case, and it could simply be an agricultural anomaly. Site 9 lies in a cultivated area surrounded by a predominately evergreen forest. The ridge or higher ground contains a windbreak comprised mostly of hardwoods which suggest a thinner overburden, (which would be expected on the higher ground). The peninsula is wide and gently sloping and its primary agricultural usage has created a very large watershed which probably stores significant reserves at depth. Site 10 also has enjoyed principally agricultural usage and for the same reasons cited for site 9 is a good potential location. It also lies at the head of narrow cove which could indicate good structural subsurface discontinuity. It also represents the southernmost extent of potential well sites as the rock character south of Yacht road is structurally more massive with virtually no diversity of rock types. Existing well data from Yacht Cove and Yacht Harbor is not encouraging with many low producers and deep wells. Evidence in Greyfriars Cove is very limited and while Stone Marker Point has some decent wells the majority are fairly deep and marginally productive. There is no preferred order of drilling locations. The undersigned suggests the northernmost sites could be the most productive based on the observed geology and existing well data. All of the sites should produce reasonably soft water, low in iron and magnesium if there surface mineralogy is contiguous at depth. Well depths in the range of 600'-10oo' should produce yield of 25-100 plus gallons of water per minute. AcitetW J. Michael Floyd, P.G. McCALL BROIHERS INC. POST OfFlCE BOX 6 o O ARLCTTE. NC 2s s5 s7iu M rE;.EP1.43NE ,'7 RESPONSE TO GROUNDWATER CONCERNS BRAWLEY SCHOOL PENINSULA PROJECT TE.EFO c734l 3932 The behavior of groundwater wells constructed in consolidated rock aquifers Is very different from those of unconsoliaated aquifers. In unconsolidated aquifers, water fills the pore spaces which exist between individual grains of the parent rock. The result is a fairly uniform distribution of water throughout the aquifer such that well construction at any point would yield groundwater supplies of similar quality and quantity assuming that the aquifer rock is uniform in thickness and composition throughout the aquifer, These type aquifers are analogous to a sponge saturated with water, All points on the sponge are equally wet and contain approximately the same amount of water as any other point on the sponge. Conversely, consolidated rock is quite dense with a very limited amount of pore space for groundwater storage. These aquifers rely on a network of fractures, openings, voids, etc., which act as conduits for groundwater migration. Rather than penetrating a saturated aquifer whose water migrates uniformly into the well (as in the sponge example), consolidated rock wells consist of a borehole which intersects water bearing fractures, thus allowing water to enter the well at different rates based on fracture size, depth, productivity, etc. Consolidated aquifers are analogous to a shattered window with the "spidery" cracks in the glass representing the network along which water occurs. Weil placement in an unconsolidated aquifer is important from the standpoint of horizontal spacing such that drawdown from one well does not affect another. Each location should be equally productive assuming a uniform aquifer. Well placement in consolidated rock aquifers (such as the Brawiey School Road Peninsula property) requires their location to be over zones of maximum subsurface fracturing as fracture networks are the sole source of the water. Much less important is their horizontal spacing as frequently the fractures that feed one well are not of the same network as those that feed another. This is no different than having several cracks in a window which do not intersect each other, Indeed, often in residential subdivisions, private wells on adjacent properties In consolidated aquifers can have completely citferent yields and water quality even though they are ie same depth and are separated by less than 100 feet, One well could be pumped completely dry while just next door, the neighbor's well could actually flew at the surface. This is not to say that scme cross connection of fractures does not occur, Sometimes they do, but typically only when wells are within the immediate vicinity of each other (100%500') and in an area of poor recharge potential where no source of water is available to re-enter the aquifer er recharge is limited to an insufficient quantity to replace that water being removed by the wells. This is not the case at the properly in question, The property is virtually surround Norman which would afford an almost continuous source of aquifer recharge. Furt ermere, much of the property is farmland whose soils appear to be porous enough to absorb conside rainfall which later percolates downward to the bedrock aquifer, The proposed well loc3ti 4Va, �onsioeradle distance from existing residential water wells as well as each other. The til zaticn y Lake of a few wells strategically located over a property this size is considerably more efficient and less taxing on the watertable than the situation which exists in many subdivisions where each home utilizes individual private wells. There is considerably less likelihood of aquifer contamination due to the limited number of weils, the construction technology utilized in large production wells and the protection afforded them at the surface. Additionally, withdrawal of water from deep wells such as proposed impacts the lower portions of the bedrock aquifers that are virtually untouched by typical residential wells. in summary, the consolidated aquifers of the Brawiey School Road Peninsula project site area are based on a network of fractures along which water migrates. The wells are proposed to be deeper than the conventional residential well and their locations are horizontally distant to existing residential wells. While muth research has been conducted on unconsolidated aquifer behavior and many theorems developed, very little work is available in the area of consolidated rock aquifers as there are too many contributors to their character. In effect, no two consolidated aquifers are the same. Consequently, one must rely on historical data and experience. McCall Brothers has constructed over 75,000 wells in its more than 50 year history with only rare instances of well cross connection. It is the expert opinion of the undersigned that there is virtually no chance of any residential wells adjacent to the Brawiey School Road Peninsula project site being affected by the construction of community -style production wells at the proposed sites. Furthermore, the property is of sufficient size that even more wells than proposed could bo constructed without ill effects if they are strategically located by a professional geologist and properly constructed and protected. ' J. Michael Fioyd, P.G. Geologist EHNR - ENVIRONMENTAL A AGE .ENT APPENDIX F T1 A: 02B .0300 SECTION .0300 - ASSIGNMENT OF STREAMCLASSIFICATIONS .0301 CLASSIFICATIONS: GENERAL (a) Schedule of Classifications. The classifications assigned to the waters of the State of North Carolina are set forth in the schedules of classifications and water quality standards assigned to the waters of the river basins of North Carolina, 15A NCAC 2B .0302 to .0317. These classifications are based upon the existing or contemplated best usage of the various streams and segments of streams in the basin, as determined through studies and evaluations and the holding of public hearings for consideration of the classifications proposed. (b) Stream Names. The names of the streams listed in the schedules of assigned classifications were taken as far as possible from United States Geological Survey topographic maps. Where topographic maps were unavailable, U.S. Corps of Engineers maps, U.S. Department of Agriculture soil maps, and North Carolina highway maps were used for the selection of stream names. (c) Classifications. The classifications assigned to the waters of North Carolina are denoted by the letters WS-I, WS-II, WS-III, WS-IV, WS-V, B, C, SA, SB, and SC in the column headed "class."' A brief explanation of the "best usage" for which the waters in each class must be protected is given as follows: Fresh Waters Class WS-I: Class WS-II: Class WS-I.I1: Class WS-IV: Class WS-V: Class B: Class C: Tidal Salt Waters waters protected as water supplies which are in natural and undeveloped watersheds; point source discharges of treated wastewater are permitted pursuant to Rules .0104 and .0211 of this Subchapter; local programs to control nonpoint source and stormwater discharge of pollution are required; suitable for all Class C uses; waters protected as water supplies which are generally in predominantly undeveloped watersheds; point source discharges of treated wastewater are permitted pursuant to Rules .0104 and .0211 of this Subchapter; local programs to control nonpoint source and stortnwater discharge of pollution are required; suitable for all Class C uses; waters protected as water supplies which are generally in low to moderately developed watersheds; point source discharges of treated wastewater are permitted pursuant to Rules .0104 and .0211 of this Subchapter; local programs to control nonpoint source and stormwater discharge of pollution arc required; suitable for all Class C uses; waters protected as water supplies which are generally in moderately to highly developed watersheds; point source discharges of treated wastewater are permitted pursuant to Rules .0104 and .0211 of this Subchapter; local programs to control nonpoint source and stormwater discharge of pollution are required; suitable for all Class C uses; waters protected as water supplies which are generally upstream and draining to Class WS-IV waters; no categorical restrictions on watershed development or treated wastewater discharges are required, however, the Commission or its designee may apply appropriate management requirements as deemed necessary for the protection of downstream receiving waters (15A NCAC 2B .0203); suitable for all Class C uses; primary recreation and any other usage specified by the "C" classification; aquatic life propagation and survival, fishing, wildlife, secondary recreation, and agriculture. Class SA: sheflfishing for market purposes and any other usage specified by the "SB" and "SC" classification; Class SB: primary recreation and any other usage specified by the "SC" classification; Class SC: aquatic life propagation and survival, fishing, wildlife, and secondary recreation. NORTH CAROLINA NISTR 7I CODE 09/14/93 Page 1 EFINR - ENVIRONMENTAL MANAGEMENT 02B .0300 specific areas of the basin: Hiwassee River Basin (Rule .0302); Little Tennessee River Basin and Savannah River Drainage Area (Rule .0303); French Broad River Basin (Rule .0304); Watauga River Basin (Rule .0305); Broad River Basin (Rule .0306); New River Basin (Rule .0307); Catawba River Basin (Rule .0308); Yadkin -Pee Dee River Basin (Rule .0309); Lumber River Basin (Rule .0310); Roanoke River Basin (Rule .0313); Tar -Pamlico River Basin (Rule .0316); Pasquotank River Basin (Rule .0317). History Note: Statutory Authority G.S. 143-214.1: 143-215.1; 143-215.3(a)(1); Eff. February 1, 1976; Amended Eff August 3, 1992; August 1, 1990; October 1, 1989; November 1, 1986. .0302 HIWASSEE RIVER BASIN (a) Places where the schedule may be inspected: (1) Clerk of Court: Cherokee County Clay County; (2) North Carolina Department of Environment, Health, and Natural Resources Asheville Regional Office Interchange Building 59 Woodfin Place Asheville, North Carolina. (b) Unnamed Streams. Such streams entering Georgia or Tennessee will be classified "C Tr." (c) The Hiwassee River Basin Schedule of Classifications and Water Quality Standards was amended effective: (1) August 9, 1981; (2) February I, 1986; (3) March 1, 1989; (4) August 1, 1990; (5) August 3, 1992. (d) The Schedule of Classifications and Water Quality Standards for the Hiwassee River Basin was amended effective March 1, 1989 as follows: (1) Fires Creek (Index No. 1-27) and all tributary waters were reclassified from Class C-trout and Class C to Class C-trout ORW and Class C ORW. (2) Gipp Creek (Index No. 1-52-23) and all tributary waters were reclassified from Class C-trout and Class C to Class C-trout ORW and Class C ORW. (e) The Schedule of Classifications and Water Quality Standards for the Hiwassee River Basin was amended effective August 3, 1992 with the reclassification of all water supply waters( with a primary classification of WS-I, WS-II or WS-III). These waters were reclassified to WS-I, WS-II, WS-Hi, WS-IV or WS-V as defined in the revised water supply protection rules, (15A NCAC 2B .0100, .0200 and .0300) which became effective on August 3, 1992. In some cases, streams with primary classifications other than WS were reclassified to a WS classification due to their proximity and linkage to water supply waters. In other cases, waters were reclassified from a WS classification to an alternate appropriate primary classification after being identified as downstrearn of a water supply intake or identified as not being used for water supply purposes. History Note: Statutory Authority G. S. 143-214.1; 143-215.1; 143-215.3(a)(I); Eff February 1, 1976; Amended Eff August 3, 1992; August 1, 1990; March 1, 1989; February 1, 1986 .0303 LITTLE TENN RIVER BASIN AND SAVANNAH RIVER DRAINAGE AREA (a) Places where the schedule may be inspected: (1) Clerk of Court: Clay County Graham County Jackson County NORTH CALROLINA ADMIN1STRAT CODE 09/14/93 Page 3 EHNR - ENVIRONMENTAL MANAGE ENT T15A: 02B .0300 2B .0100, .0200 and .0300) which became effective on August 3, 1992. In some cases, streams with, primary classifications other than WS were reclassified to a WS classification due to their proximity and linkage to water supply waters. In other cases, waters were reclassified from a WS classification to an alternate appropriate primary classification after being identified as downstream of a water supply intake or identified as not being used for water supply purposes. (i) The Schedule of Classifications and Water Quality Standards for the Little Tennessee River Basin and Savannah River Drainage Area has been amended effective February 1, 1993 as follows: (1) Bearwallow Creek from its source to 2.3 miles upstream of the Toxaway River [Index No. 4-7-(1)] was revised to indicate the application of an additional management strategy (referencing 15A NCAC 2B .0201(d) to protect downstream waters; and (2) the Tuckaseegee River from its source to Tennessee Creek [Index No. 2-79-(0.5)] including all tributaries was reclassified from Classes WS-III&B Tr HQW, WS-III HQW and WS-III to Classes WS-III Tr ORW and WS-Ill ORW. History Note: Statutory Authority G.S. 143-214.1; 143-215.1; 143-215.3(a)(1); Ef: February 1, 1976; Amended Eff February 1, 1993; August 3, 1992; March 1, 1991; August 1, 1990. .0304 FRENCH BROAD RIVER BASIN (a) Places where the schedules may be inspected: (1) Clerk of Court: Avery County Buncombe County Haywood County Henderson County Madison County Mitchell County Transylvania County Yancey County (2) North Carolina Department of Environment, Health, and Natural Resources Asheville Regional Office Interchange Building 59 Woodfin Place Asheville, North Carolina (b) Unnamed. Streams. Such streams entering Tennessee will be classified 'B.' (c) The French Broad River Basin Schedule of Classifications and Water Quality Standards was amended effective: (1) September 22, 1976; (2) March 1, 1977; (3) August 12, 1979; (4) April 1, 1983; (5) August 1, 1984; (6) August 1, 1985; (7) February 1, 1986; (8) May 1, 1987; (9) March 1, 1989; (10) October 1, 1989; (11) January 1, 1990;. (12) August 1, 1990; (13) August 3, 1992; (14) October 1, 1993. (d) The Schedule of Classifications and Water Quality Standards for the French Broad River Basin wars amended effective March 1, 1989 as follows; (I) Cataloochee Creek (Index. No. 5-41) and all tributary waters were reclassified from Class C-trout and Class C to Class C-trout ORW and Class C ORW. NORTH CAROLINA AD IINISTRATIVE CODE 09/14/93 Page 5 EHNR - ENVIRONMENTAL MANAGEMENT TISA: 02B .0300 (e) The Schedule of Classifications and Water Quality Standards for the Watauga River Basin was amended effective December 1, 1990 with the reclassification oldie Watauga River from the US Highway 321 bridge to the North Carolina/Tennessee state line from Class C to Class B. (f) The Schedule of Classifications and Water Quality Standards for the Watauga River Basin was amended effective April 1, 1992 with the reclassification of Pond Creek from Classes WS-III and C to Classes WS-III Trout and C Trout. (g) The Schedule of Classifications and Water Quality Standards for the Watauga River Basin was amended effective August 3, 1992 with the reclassification of all water supply waters (waters with a primary classification of WS-I, WS-I1 or WS-III). These waters were reclassified to WS-1, WS-II, WS-III, WS-IV or WS-V as defined in the revised water supply protection rules, (15A NCAC 2B .0100, .0200 and .0300) which became effective on August 3, 1992. In some cases, streams with primary classifications other than WS were reclassified to a WS classification due to their proximity and linkage to water supply waters. In other cases, waters were reclassified from a WS classification to an alternate appropriate primary classification after being identified as downstream of a water supply intake or identified as not being used for water supply purposes. (h) The Schedule of Classifications and Water Quality Standards for the Watauga River Basin has been amended effective February 1, 1993 with the reclassification of Boone Fork (Index No. 8-7) and all tributary waters from Classes C Tr HQW and C HQW to Classes C Tr ORW and C ORW. History Note: Statutory Authority G.S. 143-214.1; 143-215.1; 143-215.3(a)(1); Eff February 1, 1976; Amended Eff. February I, 1993, August 3, 1992; April 1, 1992; December 1, 1990. .0306 BROAD RIVER BASIN (a) Places where the schedules may be inspected: (1) Clerk of Court: Buncombe County Cleveland County Gaston County Henderson County Lincoln County McDowell County Polk County Rutherford County (2) North Carolina Department of Environment, Health, and Natural Resources; (A) Mooresville Regional Office 919 North Main Street Mooresville, North Carolina (B) Asheville Regional Office Interchange Building 59 Woodfin Place Asheville, North Carolina (b) Unnamed Streams. Such streams entering South Carolina are classified "C". (c) The Broad River Basin Schedule of Classifications and Water Quality Standards was amended effective: (1) March 1, 1977; (2) February 12, 1979; (3) August 12, 1979; (4) April I, 1983; (5) February 1, 1986; (6) August 3, 1992. (d) The Schedule of Classifications and Water Quality Standards for the Broad River Basin was amended effective August 3, 1992 with the reclassification of all water supply waters (waters with a primary classification of WS-I, WS-II or WS-111). These waters were reclassified to WS-1, WS-11, WS-111, WS-1V or WS-V as defined in the revised water supply protection rules, (15A NCAC 2B .0100, .0200 and .0300) which became effective on August 3, 1992. In some cases, streams with primary classifications other than WS were reclassified to a WS classification due to their proximity and linkage to water supply waters. In other cases, NORTH CAROLINA ADMINISTRATIVE CODE 09/14/93 Page 7 EHNR EIV"RONMENTAL MAN4GEMENT TISA: 02B .0300 Amended Eff Februa 1, 1993; August 3, 1992; August 1, 1990; August 1, 1989 .0308 CATAWBA RIVER BASIN (a) Places where the schedules may be inspected: (1) Clerk of Court: Alexander County Avery County Burke County Caldwell County Catawba County Gaston. County Iredell County Lincoln County McDowell County Mecklenburg County Union County Watauga County (2) North Carolina Department of Environment, Health, and Natural. Resources. (A) Mooresville Regional Office 919 North Main Street Mooresville, North Carolina (B) Asheville Regional Office Interchange Building 59 Woodfin Place Asheville, North Carolina (b) Unnamed Streams. Such streams entering South Carolina are classified "C". (c) The Catawba River Basin Schedule of Classifications and Water Quality Standards was amended effective: (1) March 1, 1977; (2) August 12, 1979; (3) April 1, 1982; (4) January 1, 1985; (5) August 1, 1985; (6) February 1, 1986; (7) March 1, 1989; (8) May 1, 1989; (9) March 1, 1990; (10) August 1, 1990; (11) August 3, 1992. (d) The Schedule of Classifications and Water Quality Standards for the Catawba River Basin was amended effective March 1, 1989 as follows: (1) Wilson Creek (Index No. 11-38-34) and all tributary waters were reclassified from Class B-trout and Class C-trout to Class B-trout ORW and Class C-trout ORW, (e) The Schedule of Classifications and Water Quality Standards for the Catawba River Basin was amended effective May 1, 1989 as follows: (1) Henry Fork [Index Nos. 11-1.29-1-(1) and 11-129-1-(2)1 from source to Laurel Creek, including all tributaries, were reclassified from. Class WS-I, C and C trout to Class WS-I ORW, C ORW and C trout ORW, except Ivy Creek and Rock. Creek which will remain Class C trout and Class C. (2) Jacob Fork [Index Nos. 11-129-2-(1) and 11-129-2-(4)1 from source to Camp Creek, including all tributaries, were reclassified from Class WS-III trout and WS-III to WS-III trout ORW and. WS-III ORW. (f) The Schedule of Classifications and Water Quality Standards for the Catawba River Basin was amended effective March 1. 1990 as follows: (1) Upper Creek [Index No. 11-35-2-(1)1 from source to Timbered Branch including all tributaries except Timbered Branch (Index No. 1.1-35-2-9) was reclassified from Class C Trout to Class C NORTH CAROLINA A.Z,J.3NISTRAiE CODE 09/F4/93 Page 9 EHNR - ENVIRONMENTAL MANAGEMENT T15A: 02B .0300 (b) Unnamed Streams. Such streams entering Virginia are classified "C," and such streams entering South Carolina are classified C. (c) The Yadkin -Pee Dee River Basin Schedule of Classifications and Water Quality Standards was amended effective: (1) February 12, 1979; (2) March 1, 1983; (3) August 1, 1985; (4) February 1, 1986; (5) October I, 1988; (6) March 1, 1989; (7) January 1, 1990; (8) August 1, 1990; (9) January 1, 1992; (10) April 1, 1992; (11) August 3, 1992; (12) December 1, 1992; (13) April 1, 1993. (d) The Schedule of Classifications and Water Quality Standard for the Yadkin -Pm Dee River Basin has been amended effective October I, 1988 as follows: (I) Mitchell River [Index No. 12-62-(1)] from source to mouth of Christian Creek (North Fork Mitchell River) including all tributaries has been reclassified from Class B Tr to Class B Tr ORW. (2) Mitchell River [Index No. 12-62-(7)] from mouth of Christian Creek (North Fork Mitchell River) to Surry County SR 1315 including all tributaries has been classified from Class C Tr to C Tr ORW, except Christian Creek and Robertson Creek which will be reclassified from Class B Tr to Class B Tr ORW. (3) Mitchell River [Index No. 12-62-(12)] from Surry County SR 1315 to mouth of South Fork Mitchell River including all tributaries from Class C to Class C ORW. (e) The Schedule of Classifications and Water Quality Standards for the Yadkin -Pee Dee River Basin was amended effective March 1, 1989 as follows: (1) Elk Creek [Index Nos. 12-24-(1) and 12-24-(10)] and all tributary waters were reclassified from Class B-trout, Class C-trout and Class B to Class B-trout ORW, Class C-trout ORW and Class B ORW. (f) The Schedule of Classifications and Water Quality Standards for the Yadkin -Pee Dee River Basin was amended effective January 1, 1990 as follows: Barnes Creek (Index No. 13-2-18) was reclassified from Class C to Class C ORW. (g) The Schedule of Classifications and Water Quality Standards for the Yadkin -Pee Dee River Basin has been amended effective January 1, 1992 as follows: (1) Little River [Index Nos. 13-25-(10) and 13-25-(19)] from Suggs Creek to Densons Creek has been reclassified from Classes WS-HI and C to Classes WS-III HQW and C HQW. (2) Densons Creek [Index No. 13-25-20-(1)] from its source to Troy's Water Supply Intake including all tributaries has been reclassified from Class WS-1I1 to Class WS-III HQW. (3) Bridgers Creek (Index No. 13-25-24) from its source to the Little River has been reclassified from Class C to Class C HQW. (h) The Schedule of Classifications and Water Quality Standards for the Yadkin -Pee Dee River Basin was amended effective April 1, 1992 with the reclassification of the North Prong South Fork Mitchell River from Class C to Class C Trout. (i) The Schedule of Classifications and Water Quality Standards for the Yadkin -Pee Dee River was amended effective August 3, 1992 with the reclassification of all water supply waters (waters with a primary classification of WS-1, WS-II or WS-III). These waters were reclassified to WS-I, WS-II, WS-11I, WS-IV or WS-V as defined in the revised water supply protection rules, (15A NCAC 2B .0100, .0200 and .0300) which became effective on August 3, 1992. In some cases, streams with primary classifications other than WS were reclassified to a WS classification due to their proximity and linkage to water supply waters. In other cases, waters were reclassified from a WS classification to an alternate appropriate primary classification after being identified as downstream of a water supply intake or identified as not being used for water supply purposes. (i) The Schedule of Classifications and Water Quality Standards for the Yadkin -Pee Dee River Basin has NORTH CAROLINA A.DMINIS1RAT1VE CODE 09/14/93 Page 11 FJINR - ENVIRONMENTAL MANAGEMENT T15A 02B .0300 History Note: Statutory Authority G. S. 143-214,1; 143-215.1, 143-215. 3(a Eff February 1, 1976; Amended Eff August 3, 1992; August 1, 199€1; July 1, 1990; February 1, 1986. .0311 CAPE FEAR RIVER BASIN (a) Places where the schedules may be inspected: (1) Clerk of Court: Alamance County Bladen County Brunswick County Caswell County Chatham County Columbus County Cumberland County Duplin County Durham County Forsyth County Guilford County Harnett County Hoke County Lee County Montgomery County Moore County New Hanover County Onslow County Orange County Pender County Randolph County Rockingham County Sampson County Wake County Wayne County (2) North Carolina Department of Environment, Healtlt, and Natural Resources: (A) Winston-Salem Regional Office 8025 North Point Boulevard, Suite 100 Winston-Salem, North Carolina (B) Fayetteville Regional Office Wachovia Building Suite 714 Fayetteville, North Carolina (C) Raleigh Regional Office 3800 Barrett Drive Raleigh, North Carolina (D) Washington Regional Office 1424 Carolina Avenue Washington, North Carolina (E) Wilmington Regional Office 127 Cardinal Drive Extension Wilmington, North Carolina (b) The Cape Fear River Basin Schedule of Classification and Water Quality Standards was amended effective: (1) March 1, 1977;. (2) December 13, 1979; (3) December 14, 1980; (4) August 9, 1981; NORTH CA.RO NA ADMINISTRATIVE CODE 09/14/93 Page 13 EHNR ENVIRONMENTAL I°IANAGEMENT T 'SA: 028 .0300 History Note:: Statutory Authority G.S. 143-214,1; 143-215, 1; 143-215. 3 a)(1,!; Eff February 1, 1976; Amended Eff August 3, 1992; Augusr 1, 1999; January 1, 1990; July 1, 1988. .0312 WHITE OAK RIVER BASK (a) Peaces where the schedules may be inspected: (1) Clerk of Court: Carteret County Craven County Jones County Onslow County (2) North Carolina Department of Environment, Health, and Natural Resources: (A) Washington Regional Office 1424 Carolina Avenue Washington, North Carolina (B) Wilmington. Regional Office 127 Cardinal Drive Extension Wilmington, North Carolina (b) The White Oak River Basin Schedule of Classification and Water Quality Standards was amended effective: (1) December 13, 1979; (2) June 1, 1988; (3) January 1, 1990; (4) August 1, 1990; (5) August I, 1991; (6) June I, 1992; (7) December 1, 1992. (c) The Schedule of Classifications and Water Quality Standards for the White Oak River Basin has been amended effective January 1, 1990 as follows: (1) Intracoastal Waterway (Index No. 19-39) from northeastern boundary of Cape Fear River Basin to Daybeacon No. 17 including all unnamed bays, guts, and channels, except Rogers Bay and Mill Creek and Intracoastal Waterway (Index No. 19-41) from the northeast mouth of Goose Creek to the southwest mouth of Queen Creek were reclassified from Class SA to Class SA ORW. (2) Bear Island ORW Area, which includes all waters within an area north of Bear Island defined by a line from the western most point on Bear Island to the northeast mouth of Goose Creek on the mainland, east to the southwest mouth of Queen Creek, then south to green marker No. 49, then northeast to the northern most point on Huggins Island, then southeast along the shoreline of Huggins Island to the southeastern most point of Huggins Island, then south to the northeastern most point on Dudley Island, then southwest along the shoreline of Dudley Island to the eastern tip of Bear Island to the western mouth of Foster Creek including Cow Channel were reclassified from Class SA to Class SA ORW. (3) Bogue Sound (including Intracoastal Waterway from White Oak River Basin to Beaufort Inlet) (Index. No. 20-36) from Bogue Inlet to a line across Bogue Sound from the southwest side of mouth of Gales Creek to Rock Point and all tributaries except Hunting Island Creek, Goose Creek, and Broad Creek were reclassified from Class SA to Class SA ORW. (4) Core Sound (Index No. 21-35-7) from northern boundary of White Oak River Basin (a 'line from Hall Point to Drum Inlet) to Back Sound and all tributaries except Atlantic Harbor Restricted Area, Nelson Bay, Jarrett Bay, Williston Creek, Wade Creek and Middens Creek were reclassified from Class SA to Class SA ORW, (5) Back Sound (Index No. 21-35) from a point on Shackleford Banks at lat. 34 degrees 40' 57" and long 76 degrees 37' 30" northto the western most point of Middle Marshes and along the northwest shoreline of Middle Marshes (to include all of Middle Marshes) to Rush Point on Harkers Island and along the southern, shore of Harkers Island back to Core Sound and all tributaries were reclassified from Class SA to Class SA ORW. (d) The Schedule of Classifications and Water Quality Standards for the White Oak River Basin was NORTH CAROLINA ADMINISTRATIVE CODE 09/14/93 Page 15 EHNR - ENVIRONMENTAL MANAGEMENT T15A: 02B .0300 (8) July 1„ 1991; (9) August 3, 1992. (d) The Schedule of Classifications and Water Quality Standards for the Roanoke River Basin was amended effective July 1, 1991 with the reclassification of Hyco Lake (Index No. 22-58) from Class C to Class B. (e) The Schedule of Classifications and Water Quality Standards for the Roanoke River Basin was amended effective August 3, 1992 with the reclassification of all water supply waters (waters with a primary classification of WS-1, WS-II or These waters were reclassified to WS-I, WS-II, WS-LII, WS-IV or WS-V as defined in the revised water supply protection rules, (15A NCAC 2B ,0100, .0200 and .0300) which became effective on August 3, 1992. In some cases, streams with primary classifications other than WS were reclassified to a WS classification due to their proximity and linkage to water supply waters. In other cases, waters were reclassified from a WS classification to an alternate appropriate primary classification after being identified as downstream of a water supply intake or identified as not being used for water supply purposes. History Note: Statutory Authority G.S. 143-214.1; 143-215.1; 143-215.3(a)(1); Eff February 1, 1976; Amended Eff August 3, 1992; July 1, 1991; February I, 1986; August 1, 1985. .0314 CHOWAN RIVER BASIN (a) Places where the schedule may be inspected: (1) Clerk of Court: Bertie County Chowan County Gates County Hertford County Northampton County (2) North Carolina Department of Environment, Health and Natural Resources: (A) Raleigh Regional Office 3800 Barrett Drive Raleigh, North Carolina (B) Washington Regional Office 1502 North Market Street Washington, North Carolina (b) Unnamed Streams. Such streams entering Virginia are classified "C." (c) All classifications assigned to the waters of the Chowan River Basin and referenced in (a) of this Rule are additionally classified as nutrient sensitive waters (-NSW) in accordance with the provisions of Rule .0214 of this Subchapter. (d) The Chowan River Basin Schedule of Classification and Water Quality Standards was amended effective August 1, 1985. History Note: Filed as an Emergency Amendment f(fil Eff May 10, 1979, for a Period of 120 Days to Expire on September 7, 1979; Statutory Authority G.S. 143-214.1; 143-215.1; 143-215.3(a)(1),- Eff February 1, 1976; Amended Eff November 1, 1978; March 1, 1977; Emergency Amendment [(t)] Made Permanent Eff September 6, 1979; Amended Eff. August 1, 1985; January 1, 1985. .0315 NEUSE RIVER BASIN (a) Places where the schedule may be inspected: (I) Clerk of Court: Beaufort County Carteret County Craven County Durham County Franklin County NORTH CAROLINA ADMINISTRATIVE CODE 09/14/93 Page 17 EHNR - ENVIRONMENTAL MANAGEMENT TISA: 02B .0300 4 Lake to dam at Camp Charles Lake has been reclassified from Class C to Class B. (e) The Schedule of Classifications and Water Quality Standards for the Neuse River Basin has been amended effective January I, 1990 as follows: (I) Neuse-Southeast Pamlico Sound ORW Area which includes all waters within a line beginning at the southwest tip of Ocracoke Island, and extending north west along the Tar -Pamlico River Basin and Neuse River Basin boundary line to Lat. 35 degrees 06' 30', thence in a southwest direction to Ship Point and all tributaries, were reclassified from Class SA NSW to Class SA NSW ORW. Core Sound (Index No. 27-149) from northeastern limit of VVhite Oak River Basin (a line from Hall Point to Drum Inlet) to Pamlico Sound and all tributaries, except Thorofare, John Day Ditch were reclassified from Class SA NSW to Class SA NSW ORW. (f) The Schedule of Classifications and Water Quality Standards for the Neuse River Basin was amended effective December 1, 1990 with the reclassification of the following waters as described in (1) through (3) of this Paragraph. Northwest Creek from its source to the Neuse River (Index No, 27-105) from Class SC Sw NSW to Class SB Sw NSW; Upper Broad Creek [Index No. 27-106-(7)J from Pamlico County SR 1103 at Lees Landing to the Neuse River from Class SC Sw NSW to Class SB Sw NSW; and Goose Creek [Index No, 27-107-(11)] from Wood Landing to the Neuse River from Class SC Sw NSW to Class SB Sw NSW, (g) The Schedule of Classifications and Water Quality Standards for the Neuse River Basin was amended effective July 1, 1991 with the reclassification of the Bay River [Index No. 27-150-(1)] within a line running from Flea Point to the Hammock, east to a line running front Bell Point to Darby Point, including Harper Creek, Tempe Gut, Moore Creek and Newton Creek, and excluding that portion of the Bay River landward of a line running from Poorhouse Point to Darby Point from Classes SC Sw NSW and SC Sw NSW HQW to Class SA NSW. (h) The Schedule of Classifications and Water Quality Standards for the Neuse River Basin was amended effective August 3, 1992 with the reclassification of all water supply waters (waters with a primary classification of WS-I, WS-II or WS-III). These waters were reclassified to WS-I, WS-II, WS-III, WS-IV or WS-V as defined in the revised water supply protection rules, (15A NCAC 2B .0100, .0200 and .0300) which became effective on August 3, 1992. In some cases, streams with primary classifications other than WS were reclassified to a WS classification due to their proximity and linkage to water supply waters. In other cases, waters were reclassified from a WS classification to an alternate appropriate primary classification after being identified as downstream of a water supply intake or identified as not being used for water supply purposes. History Note: Statutory Authority G.S. 143-214.1; 143-215.1; 143-215.3(a)(1); Eff February 1, 1976; Amended Eff. August 3, 1992; July 1, 1991; December 1, 1990; August 1, 1990. (1) (3) .0316 TAR-PAIVELICO RIVER BASIN (a) Places where the schedule may be inspected: (1) Clerk of Court: Beaufort County Dare County Edgecombe County Franklin County Granville County Halifax County Hyde County Martin County Nash County Pamlico County Person County Pitt County Vance County Warren County NORTH CAROLINA ADMINISTRATIVE CODE 09/14/93 Page 19 EHNR - E4VVtRONMENTA MANAGEMEWT T A: 0 .0300 Camden County Chowan County Currituck County Dare County Gates County Hyde County Pasquotank County Perquimans County Tyrrell County Washington County (2) North Carolina Department of Environment, Health, and Natural Resources Washington Regional Office 1424 Carolina Avenue Washington, North Carolina (b) Unnamed Streams. All drainage canals not noted in the schedule are classified ''C''. (c) The Pasquotank River Basin Schedule of Classifications and Water Quality Standards was amended effective; (1) March 1, 1977; (2) May 18, 1977; (3) December 13, 1979; (4) January 1, 1985; (5) February 1, 1986; (6) January 1, 1990; (7) August 1, 1990; (8) August 3, 1992. (d) The Schedule of Classifications and Water Quality Standards for the Pasquotank River Basin was amended effective January 1, 1990 by the reclassification of Alligator River [Index Nos. 30-16-(I) and 30-16-(7)] from source to U.S. Hwy. 64 and all tributaries except Swindells Canal, Florida Canal, New Lake, Fairfield Canal, Carters Canal, Dunbar Canal and Intracoastal Waterway (Pungo River - Alligator River Canal) were reclassified from C Sw and SC Sw to C Sw ORW and SC Sw ORW. (e) The Schedule of Classifications and Water Quality Standards for the Pasquotank River Basin was amended effective August 1, 1990 as follows: (1) Croatan Sound [index No. 30-20-(1)] from a point of land on the southern side of mouth of Peter Mashoes Creek on Dare County mainland following a line eastward to Northwest Point on Roanoke Island and then from Northwest Point following a line west to Reeds Point on Dare County mainland was reclassified from Class SC to Class SB. (2) Croatan Sound [Index No. 30-20-(1.5)] from Northwest Point on Roanoke Island following a line west to Reeds Point on Dare County mainland to William B. Umstead Memorial Bridge was reclassified from Class SC to Class SA. (t) The Schedule of Classifications and Water Quality Standards for the Pasquotank River Basin was amended effective August 3, 1992 with the reclassification of all water supply waters (waters with a primary classification of WS-I, WS-II or WS-III). These waters were reclassified to WS-I, WS-II, WS-III, WS-IV or WS-V as defined in the revised water supply protection rules, (15A NCAC 2B .0100, .0200 and .0300) which became effective on August 3, 1992. In some cases, streams with primary classifications other than WS were reclassified to a WS classification due to their proximity and linkage to water supply waters. In other cases, waters were reclassified from a WS classification to an alternate appropriate primary classification after being identified as downstream of a water supply intake or identified as not being used for water supply purposes. History Note: Statutory Authority G.S. 143-214.1; 143-215.1,- 143-215.30M); Eff February 1, 1976; Arnended Eff August 3, 1992,- August 1, 199(); January 1, 1990; February 1, 1986. NORTH CAROLINA ADMINISTRATIVE CODE 09/14/93 Pimp 21 E,F VR - E.‘ ONMENTAL 3 VAGE TISA: 02B .0300 SECTION .0300 - ASSIGNIIEN"T OF STREAM CLASSIFICATIONS .0301 CLASSIFICATIONS: GENERAL (a) Schedule of Classifications. The classifications assigned to the waters of the State of North Carolina are set forth in the schedules of classifications and water quality standards assigned to the waters of the river basins of North Carolina, 15A NCAC 2B .0302 to .0317. These classifications are based upon the existing or contemplated best usage of the various streams and segments of streams in the basin, as determined through studies and evaluations and the holding of public hearings for consideration of the classifications proposed. (b) Stream Names. The names of the streams listed in the schedules of assigned classifications were taken as far as possible from United States Geological Survey topographic maps. Where topographic maps were unavailable, U.S. Corps of Engineers maps, U.S. Department of Agriculture soil maps, and North Carolina highway maps were used for the selection of stream names. (c) Classifications. The classifications assigned to the waters of North Carolina are denoted by the letters WS-I, WS-1I, WS-111, WS-IV, WS-V, B, C, SA, SB, and SC in the column headed "'class." A brief explanation of the "best usage" for which the waters in each class must be protected is given as follows: Fresh Waters Class WS-I: Class WS-11: Class WS-III: Class WS-IV: Class WS-V: Class B: Class C: Tidal Salt Waters Class SA: Class SB: Class SC:. waters protected as water supplies which are in natural and undeveloped watersheds; point source discharges of treated wastewater are permitted pursuant to Rules .0104 and .0211 of this Subchapter; local programs to control nonpoint source and stormwater discharge of pollution are required; suitable for all Class C uses; waters protected as water supplies which are generally in predominantly undeveloped watersheds; point source discharges of treated wastewater are permitted pursuant to Rules .0104 and .0211 of this Subchapter; local programs to control nonpoint source and stormwater discharge of pollution are required; suitable for all Class C uses; waters protected as water supplies which are generally in low to moderately developed watersheds; point source discharges of treated wastewater are permitted. pursuant to Rules .0104 and .0211 of this Subchapter; local programs to control nonpoint source and stormwater discharge of pollution are required; suitable for all Class C uses; waters protected as water supplies which are generally in moderately to highly developed watersheds; point source discharges of treated wastewater are permitted pursuant to Rules .0104 and .0211 of this Subchapter; local programs to control nonpoint source and stormwater discharge of pollution are required; suitable for all Class C uses; waters protected as water supplies which are generally upstream and draining to Class WS-IV waters; no categorical restrictions on watershed development or treated wastewater discharges are required, however, the Commission or its designee may apply appropriate management requirements as deerned necessary for the protection of downstream receiving waters (15A NCAC 2B .0203); suitable for all Class C uses; primary recreation and any other usage specified by the "C" classification; aquatic life propagation and survival, fishing, wildlife, secondary recreation, and agriculture. shellfishing for market purposes and any other usage specified by the "SB" and "SC" classification; primary recreation and any other usage specified by the "SC" classification; aquatic life propagation and survival, fishing, wildlife, and secondary recreation. NORM ' C. R0 A r ,"`rNLSCODE 09/14/93 Pane_ 1 APPENDIX G STATE OF NORTH l CAROLINA DEPARTMENT OF ENVIRONMENT, HEALTH, & NATURAL RESOURCES DIVISION OF ENVIRONMENTAL MANAGEMENT Administrative Code Section: 15A NCAC 2H .0100 - Wastewater Discharges to Surface Waters OM,/ ////F77, /,,i//0/4 Amended Effective March 1, 1993 Environmental Management Commission Raleigh, North Carolina EHNR - ENVIRONMENTAL MANAGEMENT T. 5A: 02 .0100 SUBCHAPTER 2H - PROCEDURES FOR PERMITS: APPROVALS SECTION .0100 - POINT SOURCE, DISCHARGES TO THE SURFACE WATERS .0101 PURPOSE (a) These Rules implement G.S. 143-215,1 which requires permits for control of sources of water pollution by providing the requirements and procedures for application and issuance of state NPDES permits for a discharge from an outlet, point source, or disposal system discharging to the surface waters of the state, and for the construction, entering a contract for construction, and operation of treatment works with such a discharge (see Section .0200 of this Subchapter regarding permits for disposal systems not discharging to the surface waters of the state). These Rules also contain the requirements and procedures for issuance of state permits for pretreatment facilities. (See Section .0900 of this Subchapter for rules for permits issued by local pretreatment programs). (b) Rules and Statutes referenced in this Section may be obtained by writing or visiting the Division of Environmental Management, Water Quality Section's offices at the following locations: Permits and Engineering Unit, Archdale Building P.O. Box 29535, 512 N. Salisbury St., Raleigh, N.C, 27626-0535 Raleigh Regional Office 3800 Barrett Dr., Raleigh, N.C. 27611 Asheville Regional Office 59 Woodfin Pl., Asheville, N.C. 28802 Mooresville Regional Office 919 N. Main St., Mooresville, N.C, 28115 Fayetteville Regional Office Wachovia Bldg. Suite 714, Fayetteville, N.C. 28301 Washington Regional Office 1424 Carolina Avenue, Washington, N.C. 27889 Wilmington Regional Office 127 Cardinal Drive Extension, Wilmington, N.C. 28405-3845 Winston-Salem Regional Office 8025 North Point Blvd., Winston-Salem, N.C. 27106 History Note: Statutory Authority G, S, 143-215.3(a)(1); 143-2151,- Eff February 1, 1976; Amended Eff August 3, 1992; August 1, 1988,. October 1, 1987; December 1, 1984, .0102 SCOPE These Rules apply to all persons: (I) discharging or proposing to discharge waste to the surface waters of the state; or (2) constructing or proposing to construct a treatment or pretreatment works with a discharge as described in Part (1) or (2) of this Rule; or (3) operate or propose to operate a treatment works with a discharge as described in Part (1) or (2) of this Rule; or (4) discharging or proposing to discharge storrnwater which results in water pollution. NORTH CAROLINA ADMINISTRATIVE CODE 04/22/93 Page 1 EFINR - ENVIRONMENTAL MENTA7 ?YL4NAGEMENT T75A: 0211 .010, This Rule does not apply to those persons who have obtained a permit from a local pretreatment contrc, authority, authorized to issue such permits, and whose pretreatment program was approved in accordance w:<: Section. _0900 of this Subchapter, HistO :Form' Srarurcrr 4urhorlty G, 5, 143-215.3(a)(1), 143-21 .1; 143-215.3(a)(14): EtJ F"c hruary 1, 1976: Amended' Elf: March 1, /993: November 1, 1987,- December 1 " 1984, 41i.[➢3 DEFINITION OF TERMS The terms used in this Section shall be as defined in G,S. 143-213 and as follows: (1) "Authorization to Construct" means a permit required for the construction of water pollution cantr0i facilities necessary to comply with the terms and conditions of an NPDES permit. (2) "Certificate of Coverage" means the approval given dischargers that meet the requirements of coverage under a general permit. (3)"Commission" means the Environmental Management Commission. (4) ""Committee" means the NPDES committee of the Environmental Management Commission. (5) "Department' means the 'Department of Environment, Health, and Natural Resources. (6) "Director" means the Director of the Division of Environmental Management. Department Environment, Health, and Natural Resources or his designee. (7) "Division" means the Division of Environmental Management. Department of Environment, Hea.it .. and Natural Resources. (8) "EPA means the United States Environmental Protection. Agency. (9) "Existing", with respect to implementing the NPDES permitting program, means: (a) Facilities which physically exist and have been legally constructed, i.e,„ health department or other agency approval or constructed prior to any regulatory requirements. (b) Facilities which have received an NPDES Permit and have received an Authorization to Construct and have constructed or begun significant construction of any wastewater treatment facilities within the term of the current permit. tc) Facilities which have received a phased NPDES Permit and have received an Authorization to Construct for a phase of the permitted flow and have constructed or begun significant construction of the phased wastewater treatment facilities, (d) For the purpose of this definition, significant construction will be considered as more than a token; or nominal investment of mnoney or other resources in the actual construction of the wastewater treatment facility, based on the facility size, complexity, cost and the required construction time for completion, (10) "General Permit" means an NPDES 'permit" issued under G.S. 143-215.1(b)(3)and (4) and 40 CFR. 122.28 authorizing a category of similar discharges to surface waters. (11) "Mine, dewatering means discharges of uncontaminated infiltrate and stormwater from mine excavation and the water that is removed to lower the water table to allow mining in an area. (1) "Municipality°" means a city, town, borough, county, parish, district, or other public body created by or under State law. (13) ".NPDES" means a National .Pollutant Discharge Elimination. System perm it required for the operation of point source discharges in accordance with the requirements of Section 402 rat the Federal Water Pollution Control Act, 33 U.S.C. Section 1251 et seq. (14) "New"with respect to implementing the NP.DES permitting program, means: (a) Proposed facilities that do not have a NPDES Permit. nor have any facilities constructed. (b) Facilities which physically exist, however are illegally constructed, i.e., no required agenc, approvals. (c) Facilities which have received an NPDES Permit and have received an Authorization to Construct but have not begun signiflcant construction of any wastewater treatment facilities within the tent; of the current permit. (d) Any increases in treatment plant hydraulic capacity, which has not received an Authorization Construct will be considered new and new effluent limitations and other requirements, if applicable, would be imposed for the entire facility, (e) For the purpose of this definition, significant construction will be considered as more than a token NORTH CAROLLVA 4DMLVTSTRATT CODE 04/22/93 Page 2 EHNR - ENVIRONMENTAL MANAGEMENT TIM: 02H .0100 or nominal investment of money or other resources in the actual construction of the wastewater treatment facility, based on the 'facility size, complexity, cost and the required construction time for completion. (15) "New Source" means any industrial installation, from which there may be a discharge, the construction or modification of which is commenced on or after the date of publication of new source performance standards or pretreatment standards for new sources by the Environmental Protection Agency. (16) Nev"Source Performance Standards" means those standards of performance applied to industrial discharges defined as new sources, (17) "Notice of intent" means formal written notification to the Division that a discharge is intended to be covered by a general permit and takes the place of "application" used with individual permits. (18) ''Oil terminal storage facilities" means petroleum bulk storage, product transfer, loading, unloading. and related areas but does not include marinas or facilities primarily engaged in the retail sale of petroleum products, Oil/water separators such as those at maintenance garages, gas stations, and National Guard and military reserve facilities are included in this definition. (19) "Once -through non -contact cooling water" means water taken from wells, surface waters, or water supply systems and used in a non -contact cooling system without the addition of biocides or other chemical additives. Boiler blowdown waters are included in this definition. Nuclear and fossil Kiel electric generating plants are not included in this definition, (20) "Point Source Discharge" means any discernible, confined, and discrete conveyance, including, but pecifically not limited to, any pipe, ditch, channel, tunnel, conduit, well, discrete fissure, container, rolling stock, or concentrated animal -feeding operation from which wastes are or may be discharged to the surface waters of the State, (21) "POTW" means Publicly Owned Treatment Works, (22) "Pretreatment standard" means any regulation containing pollutant discharge limits for indirect dischargers for ensuring compliance with Section 307(b) and (c) of the Clean Water Act, 33 U,S.C. Section 1251 et seq. This term includes prohibited discharge limits and local sewer use ordinance limits, "Primary industry" means an industry listed in 40 CFR 122, Appendix A which is hereby incorporated by reference including any subsequent amendments. Copies of this publication are available from the Government Institutes, Inc., 4 Research Place, Suite 200, Rockville, MD 20850-1714 for a cost of thirty-six ($36,00) each plus four dollars ($4,00) shipping and handling, Copies are also available at the Division of Environmental Management. Archdale Building. 512 N, Salisbury Street, Raleigh, North Carolina 27604. (24) "Professional Engineer" means a person who is presently registered and licensed as a professional engineer by the North Carolina State Board of Registration For Professional Engineers and Land Surveyors. (25) "Sand dredge" means a facility to remove sand from river bottoms, No other mining activities are included in this definition. (26) "Seafood packing facility" means a business which is primarily engaged in the sorting and packing of fresh seafood and which has a discharge consisting entirely of washdown and rinse water. Trout packing facilities are included in this definition. Wastewaters from seafood processing plants are not included in this definition, (27) "Seafood processing facility" means a business which is primarily engaged in the removal of heads, entrails, fins or scales, filleting, cooking, canning, or preparation of fresh seafood. (28) "Staff" means the staff of the Division of Environmental Management, Department of Environment, Health and Natural Resources, (29) "Stormwater means the flovv of water which results from precipitation and which occurs immediately following rainfall or a snowmelt, (30) "Swimming pool filter backwash" means normal filter backwash water from both public and private swimming pools as well as spas with backwash filter facilities. (31) "Tourist Gem Mine" means a business which is primarily engaged in the recreational practice of removing gems and semi-precious stones from mined material, (32) ''Trout farm" means a facility for the commercial production of trout. (33) "Water filtration facility" means backwash filters and sludge disposal systems associated with water NORTH CAROLINA ADMINISTRATIVE CODE 04/22/93 Page 3 EHNR - ENVIRONMENTAL MANAGEMENT MA: 02 J) 00 treatment plants and backwash filters associated w,ith. wells, Hiwr Note: Statutory Authority G.S. 143-213; 143-21.5.3(a)(1); Eff February 1, .1976; Amended Eff March 1, 1993; August 3, 1992; .August 1, 1991; A 14g UR 1., 1988.. .0104 REQUIRED PERMITS History Vote: Statutory Authority G.S. 143-215.3(4)(1);143-215,11a),- Eff February 1, 1976,, Amended Eff December 1, 1984: Repealed Eff November 1, 1987. .0105 APPLICATION: PERMIT FEES: ASSESSMENT FOR NEW SOURCES (a) Except as provided in Paragraphs (d) and (e) ofthis Rule, any person who discharges or who proposes to discharge pollutants to the surface waters of the state or to a POTW when pretreatment of the wastewater is required shall complete, sign, and submit., in triplicate, an application accompanied by the processing fee described herein for each application in the form of a eheck or money order made payable to N.C..Depanmerit of Environment. Health, and Natural Resources, The State NPDES application forms to be used for the various types of discharges are as follows. Std. Farm A: All municipal systems greater than or equal to 1.0 NIGD and any municipal system receiving industrial waste from a primary Short Form A: Any municipal system not covered by Std. Form A, Short Form B: All agriculture related discharges. Std. Forrn C: All primary industries as listed in 40 CFR 122:21, Appendix A and or all other industrial process and commercial discharges except EPA Forms 1 and 2-C: cooling waters, cooling tower blowdown, and boiler blowdown EPA Forms and 2F: Discharges consisting entirely of stormwater associated NA h industrial activity. EPA Forms 1 and 2D: Discharges consisting of stormwater and non-stormwater, Short Form C: Cooling waters, cooling tower blowdown, and boiler blowdown Short Form D: All domestic waste discharges not covered by Std. Form A and Short Form A. The Authorization to Construct and Notice of Intent application forms to be used will be supplied by the Division. (b) Permit Fees, (1) Permit Application Processing Fees. For every application for new or renewed NPDES permits, Notice of Intent to be covered by a general permit or Authorization to Construct, a nonrefundable application processing fee in the amount stated in Subparagraph (b)(5) of this Rule shall be submitted at the time of application, (A) Each permit or renewal application is incomplete until the processing fee is receiNed, (13) For a facility with multiple discharges under a single permit, the application processing fee shall be set by the single discharge to the waters of the state with the highest fee in the fee schedule (C) No application processing fee will be charged for modification of unexpired permits when the modifications are initiated by the Director. (D) An application processing fee of one hundred dollars ($100,00) will be charged for the miner modifications listed in Rule ,0114(b) of this Section. NORTH CAROLINA. ADMINISTRATIVE CODE 04/22/93 Page 4 EHNR - ENV RONMENTAL MANAGEMENT T1 SA: 02H . 0I00 (E) A firli processing fee will be charged for modifications other than those listed in Rule .01.14dbi of this Section, this fee will be in the same amount as shown in Subparagraph (5 ) of Paragraph. (c) of this Rule for new applicationstmodifications. (F) Permittees requesting special orders by consent, judicial orders or flow increases under G.S. i43-215.57(b), will pay a fee of four hundred dollars (S400.00`, (?) Annual Administering and Compliance Monitoring Fees, An annual fee for administering and compliance monitoring shall be charged in each year of the term of every NPDES permit. according to the schedule in Subparagraph (b)(5) of this Rule, (A) Collection of annual fees shall begin on the effective date of this. Rule. (B) Annual fees must he paid for any facility operating on an expired permit after the effective date of this Rule. The Director shall establish an anniversary date for such a facility and notify the responsible party of the requirement to pay annual administering and compliance monitoring tees, (C) For a facility with multiple discharges under a single permit, the annual administering and compliance monitoring fee shall be set by the single discharge to the waters of the state with the highest fee in the fee schedule. (D) A person with only one permit will be billed annually on an anniversary date to be determined by the Division. This will normally be the first day of the month of permit issuance. (E) A person with multiple permits may have annual fees consolidated into one annual bill. (F) Any permittee which has maintained full compliance with ail permit conditions during the previous calendar year will have its administering and monitoring annual fee reduced percent, Permittees operating under interim limits. judicial orders, or special orders by consent will not be eligible for any discount, Full compliance will be established if it can be certified by the Director that no Notice of Noncompliance or a Notice of Violation was sent to the permittee during the compliance period being considered„ if a Notice of Noncompliance or a Notice of 'Violation was based on erroneous information, the Director can send a letter of correction to the permittee clearing the record for compliance purposes. (G) Permit Application Processing Fees and Annual. Administering and Compliance Monitoring Fees for pretreatment facilities permitted by the Division shall be at the same. rate as provided in Subparagraph (b)(5) of this Rule. (3) No fees are required to be paid under this Rule by a farmer who submits an application or receives a permit that pertains to farming operations. (4) Failure to pay an annual fee within 30 days after being billed may cause the Division to initiate action to revoke the permit. (5) Schedule of Fees: CATEGORY PERMIT APPLICATION P.R©CESSiNG FEE ANNUAL ADMINISTERING AND COMPLIANCE MONITORING FEE NEW TIMELY' APPLICATIONS/ RENEWALS MODIFICATIONS/ WITHOUT IN LATE RENEWALS MODIFICATIONS STANDARD COl'v°IPLIA\CF > 10,000,000 GPD Industrial S400. Domestic/Cooling Water 400. 1,000,001 - 10,000,000 GPD Industrial 400. Domestic/Cooling Water 400, 100,001 - 1,000,000 GPD Industrial Domestic/Co ling Water 400. $400 400 250 S1500. 1500. 1500. 800. SIl ,5 1 12'S. ). 450. NORTH CAR+QEL 'A AL 'I It1ISTRATIVE CODE 04/22/93 Page 5 EHNR - EA7RONMENT L MANAGEMENT T15A: 02H .0I00 jPD Industrial Domestic, Cooling Water 400, 400 <1=1.000' GPD and Single gamily dwelling 240. Stormwater - Municipal Separate Stormwater System 400, Industrial Activi°t Storrnwater 400. 240. 400. 400, General Permits Construction (Stormwater) 50. 50. Domestic 240. 240, Others 400„ 400, Authorization to Construct (Permitted Flow) = 100,001 GPD < 100.000 G'PD < = 1,000 G P D 200. 1.50. n!a 100, n, a 600. 600. 450. 4.50, 300. 0 () 450. 450, nia n `a niea tr. a at a na n='a O If the total payment for fees required for all permits under G.S. 143-21.5,3(a)(1b) for any sin;,=le facility will exceed seventy-ftve hundred dollars (S7,.500.00) per year, the total for all these fees will be reduced for this facility so that the total payment is seventy-five hundred dollars ($7,500,00 per year. (7) A portion of the permit application processing fees shown in the fee schedule in Subparagraph. (b)(5) of this Rule will be transferred into the Wastewater Treatment Works Emergency Maintenance, Operation and Repair Fund according to the following schedule: (A) All nonmunicipal facilities treating wastewater which is predominantly domestic waste with design flows of 100,000 gallons per day or less,. except single family dwellings, seventy-five dollars (S'75.00); ( ) Single family dwellings, forty dollars (S40,00); tC ;i All other facilities, zero. (.S) When the total value of the Wastewater Treatment Works Ernerge.ncy Maintenance, Operation anal Repair Fund, as certified by the State Treasurer, is at least seven hundred fifty thousand dollars (S750,000.00) at .the end of a quarter, the permit application processing fees for facilities with discharges of one hundred thousand gallons per day (100,000 GPD) or less shall be reduced by the amounts being transferred under Subparagraph (7) of this Paragraph, This reduction shall continue until, at the end of some subsequent quarter, the State Treasurer certifies that the fund's balance. is less than seven hundred fifty thousand dollars ($750,000.00), in which case the full amount of the permit application processing fees as listed in Subparagraph (b)(5) of this Rule shall be charged. (9) In order to avoid violation of the statutory limit that total permit fees collected in any year not exceed 30 percent of the total budgets from all sources of environmental permitting and compliance programs, the Division shall in the first half of each state fiscal year project revenues from all sources including fees for the next fiscal year. if this projection shows that the statutory limit will he exceeded, rulemaking shall be commenced in order to have an appropriately adjusted fee schedule which will avoid excessive revenue collection from permit fees, ( 10) Any appiicant whose facility qualifies for a general permit under Rule .0.127 of this Section trtav pay the lower fees set in Subparagraph (h)(5) of this Rule for the appropriate general permit. (c) Applicants for new NPDES permits requiring construction of water pollution control facilities shall in addition to applications required in Paragraph (a) of this Rule, file, in triplicate, an engineering proposal setting forth the following information: (I) a description of the origin, type and Clow of waste which is proposed to be discharged. NORTH CAROLINA ,t7MINI 'TR TIV" CODE 04 '22 `9, Page 6 ERN - ENVIRONMENTAL /ANA GEMENT TI5A: 02H .0100 Justification and a demonstration of need shall be provided for expected tlov, volumes. Flow shall be determined in accordance with 15A NCAC 2H .0219(1); (2) a summary of waste treatment and disposal options that were considered and why the proposed system and point of discharge were selected; the summary should have sufficient detail to assure that the most environmentally sound alternative was selected from the reasonably cost effective options; (3) a narrative description of the proposed treatment works including type and arrangement of major components, in sufficient detail to assure that the proposed facilityhas the capability to comply with the permit limits; for commonly used treatment system or components with well established treatment capabilities, detailed plans and specifications need not be submitted until the application for the authorization to construct; however, detailed plans and specifications shall be required with the permit application for any system or component without well established treatment capabilities for the nature of waste or degree of treatment needed to meet the permit limits; (4) a general location map, showing orientation of the facility with reference to at least two geographic references (numbered roads, named streams/rivers, etc.); (5) a scale location plan of the site showing location of the proposed treatment works and the proposed point of discharge; (6) special studies or modelling may be required in cases where the impacts of the discharge cannot be readily determined by the Division; (7) a statement to demonstrate financial qualification and substantial previous compliance with federal and state laws, regulations, and rules for the protection of the environment as required by G,S. 143-215.1(b)(4)(b). (d) Applicants for new individual NPDES permits requiring construction of storniwater control facilities shall iirtcbdition to applications required in Paragraph (a) of this Rule, design and construct the facilities in accordance with criteria approved by the Director, or shall file in triplicate, an engineering proposal setting forth the information required in Paragraph (c) of this Rule. (e) Applications for permit renewals shall be accomplished by filing the appropriate application form as listed in Paragraph (a) of this Rule, with the processing fee described herein in the form of a check or money order made payable to N.C. Department of Environment, Health, and Natural Resources, at least 180 days prior to expiration of a permit. Renewal requests received less than 180 days prior to permit expiration will be required to pay the new application/modification/late renewal fee rather than the timely renewal 'without modification fee. The notice and public participation procedures set forth in Rules .0109 and ,0111 of this Section shall be followed for each request for permit renewal, An acceptable residuals management plan shall be submitted with the application for permit renewal in accordance with Rule .0138(b)(8) of this Section, Authorizations to Construct permits for wastewater control facilities will not be subject to the notice and public participation procedures set forth in Rules .0109 and .0111 of this Section. Authorizations to Construct may be issued for any length of time, however, the NPDES permit must be in effect at time of construction. All applications are incomplete until required processing fees are received, and may be returned to the applicant. (t) Applications for permits for pretreatment facilities shall be made in triplicate upon forms approved by the Director and submitted along with applicable supporting information to the Division of Environmental Management, (g) Applications for permits for new discharges which propose to discharge industrial process or domestic wastewater in excess of 500,000 gallons per day or 10 MGD of cooling water to the surface waters shall tile, in addition to the applications and supporting documents required in Paragraphs (a) and (b) of this Rule, an assessment which shall meet the requirements of 1 NCAC 25 .0502. Any assessment which is required by any other state agency or any federal agency shall be deemed to comply with requirements of this Subsection provided aquatic impacts are adequately addressed. (h) Permits which result in construction of facilities which will be funded by public monies may require environmental documentation pursuant to North Carolina Environmental Policy Act, NCGS 113A. NPDES permit applications for which such documentation is required will be considered incomplete until supported by the required documentation, (i) Applicants for permits for new nonmunicipal domestic wastewater discharges shall file a notarized statement indicating whether or not each city or county government having jurisdiction over any part of the lands on which the proposed facility is to be located has a zoning or subdivision ordinance in effect. and. if such an ordinance is in effect, whether or not the proposed facility is consistent with the ordinanoe. NORTH CAROLINA ADMINISTRATIVE CODE 04/22/93 Parre 7 ER R - ENVIRONMENTAL L AGEMEXT T1521: 02 .0100 !') For NPDES permits, a full disclosure of all known toxic components that can be reasonably expected to be in the discharge, including but not limited to those contained in a priority pollutant analysis, ntusr be submitted for all primary industrial direct discharges in accordance with 40 CFR 122.21 Appendix D which are hereby incorporated by reference including any subsequent amendments and editions, and for other direct discharges as required by the Director. This material is available for inspection at the Department of Environment, Health, and Natural Resources, Division of Environmental Management, 512 N, Salisbury Street, Raleigh, North Carolina, Copies may be obtained from the Superintendent of Documents, L.S. Government Printing Office, Washington D,C, 20402-9325 at a cost of thirty dollars ($30.00). History ,Vote: Statutory Authority G.S. 143-215,1(0; 143-215. 1(0(6j„° 143-215.341); 143-215.38; Eff February 1, 1976: Amended Eff Mardi 1, 1993: Au October 1, 1990: August 1, 1,988. ,0106 FILLNG APPLICATIONS (a) Permit applications shall he filed with the Director, Division of Environmental l+«xtanagement. P,0, E3ox 29535, Raleigh, North Carolina, 27626-0535. (b) All .NPDES permit applications, except those addressed in Paragraph (d) of this Rule, shall be filed at least 180 days in advance of the date: on which an existingpermit expires or in sufficient time prior to the proposed commencement of a waste discharge to ensure compliance with all legal procedures, (c) All Authorization to Construct applications shall be filed at least '90 days in advance of the proposed commencement date of construction of water pollution controlfacilities but no earlier than the establishment of effluent limitations. (d) All NPDES stormwater construction permit applications shall be filed in advance of the proposed commencement date of land disturbing activity which results in a stormwater discharge, (e) Permit applications filed with the Director shall be signed as follows; (i) in the case of corporations, by a principal executive officer of at least the level of vice-president, or his duly authorized representative, if such representative is responsible for the overall operation of the facility from which the discharge described in the permit application form originates; (2) in the case of a partnership or a limited partnership, by a general partner; (3) in the case of a sole proprietorship, by the proprietor; (4) in the case of a municipal, state, or other public entity by either a principal executive officer, ranking elected official or other duly authorized employee. (f) The following discharges are deemed to be permitted pursuant to G.S. 143-215.1(c) provided that no water quality standards are contravened and it shall not be necessary for the Division to issue separate permits for these activities: (1) filter backwash and draining associated with swimming pools; (2) filter backwash from raw water intake screening devices; (3) condensate from residential or commercial air conditioning units: (4) individual non-commercial vehicle washing operations; (5) flushing and hydrostatic testing water associated with utility distribution systems; (6) discharges associated with emergency removal and treatment activities for spilled oil authorized by the federal or state on -scene coordinator when such removals are undertaken to minimize overall environmental damage due to an oil spill; groundwaters generated by well construction or other construction activities; landscape irrigation, foundation or footing drains, or water from crawl space pumps; street wash water; and flows from fire fighting. The Director may determine that a facility or a class offacilities should not be deemed to bepermitted in accordance with this Rule and the facility or class of facilities shall be required to obtain individual permits or coverage under a general NPDES permit. This determination may be made based upon existing or projected environmental impacts or contravention of water quality standards associated with the particular discharge or discharges. (9) (10) Hist( ri= Vote, Statutory Authorltrs° G.S. 143-2.15. 3(a)(1 Eff: February 1, 1976,- :'FORTH CARC?11, i?A A17iM1 ZSTR.Ai T11i'E CODE 04/22/93 Page 8 EHNR - EYVIRONMEXTAL AXAGEMENT TISA; 02H .0.I00 Amended Eff .March 1, 1993; November 1. 1,987; January 1„ 1984, ,V'o en her 1, 19, .0107 STAFF REVIEW AND EVALUATION (a) The Director is authorized to accept applications for the Comrnisstetn and shall refer all applications to the, staff for review and evaluation, Additionally, the Dire .tor shall refer NPDES Permit applications for the discharge of waste into waters classified as sources of public water supply (WS classification) and shellfish waters classified SA to the Division of Environmental Health, Department of Environment, Health, and Natural Resources, for review and written approval.. (b) The Director shall acknowledge receipt of a complete NPDES or Authorization to Construct application or, if not complete, may return the application to the applicant as incomplete or request the additional information required. The applicant may be given up to 60 days to provide the information to make the. application complete. (c) Tentative Determination and Draft individual NPDES Permit. (I) The staff shall conduct a site investigation and shall prepare its written evaluation and tentatiwe determination to issue or deny the NPDES permit. On -site investigations will not be necessary for Authorization to Construct permits, activities covered under genera! permits and renewal of individual permits with no modifications. O If the staffs tentative determination in Paragraph (I) of this Subdivision is to issue the permit, it shall if necessary make the following additional determinations in writing: (A) proposed effluent limitations for those pollutants proposed to be limited:. (B) a proposed schedule of compliance, including interim dates and requirements, for meeting the proposed effluent limitations; and (C.) a brief description of any other proposed special conditions which will have signiticant impact upon the discharge described in the application. The staff shall organize the determinations made pursuant to Paragraphs (1) and (2) of this Subdivision into a draft permit. (d) In the case of permits for which notice of intent is given on forms as described in Rule .0105(a) of this Section, a Certificate of Coverage under a general permit may be prepared and issued directly to the applicant in lieu of any other acknowledgement. If the Notice of Intent is unacceptable, it will be returned to the applicant with an explanation of the inadequacies. History N te. Statutar.° .Authoriry G.S.'130-161,7 143-2)5.3(a)(1); 143-215. (a)(4); 143 215.1( i; 143-215. _1(a' Ef. February 1, 1976; Amended Eft`.. March 1, 1993; ,4ugust 1, 1991; August 1, 1988; October 1, 1987. ,0108 FACT SHEETS (a) For all discharges which do not qualify for a general NPDES perntit and which have a total volume of 500.000 or more gallons on any day, a fact sheet providing a brief synopsis of the application shall he prepared by the staff and made available upon request following issuance of the public notice. The contents of such fact sheets shall include at (east the following information: (l) a sketch or detailed description of the location of the discharge described in the application. (2) a quantitative description of the discharge described in the application which includes at least the following: (A) the rate or frequency of the proposed discharge; if the discharge is continuous, the average daily flow in gallons per day or million gallons per day; (B) for thermal discharges subject to limitation under the act, the average summer and winter temperatures in degrees Fahrenheit: and (C) the average daily discharge in pounds per day of any pollutants which are present in significant quantities or which are subject to limitations or prohibition; (3) the tentative determinations required under Rule .0107 of this Section; ( ) a brief citation of the water quality standards and effluent standards and limitations applied to the proposed discharge, including a brief identification of the uses for which the receiving waters hat e been classified; and (5) a more detailed description of the procedures for the formulation of final determinations than that NORTH CAROLINA ADMI' IST4TJ E CODE 04/22/93 Page 9 EHNR - ENVIRONMENTAL M • VAGEMENT MA: 02H .0100 given in a public notice including: (A) the '30-day comment period required by Rule .0110 of this Section. (B) procedures for requesting a public meeting and the nature thereof, and (C) any other procedures by whichthe public may participate in the formulation of the final determinations. (b) Any person, upon request, will be thrnis.hed, without charge, one copy of any fact sheet. History Note: Statutory Authority G,S, 143-215.3(a)(1); 143-2.1.5„1(c)(2)(a); Eff: February 1, 1976: Amended Elf. March 1, 1993; August 1, 1988; October 1 1987. .0109 PUBLIC NOTICE (a) Notice of Application (1) Public notice of each complete individual NPDES permit application and each general NPDES permit shall be circulated in. the geographical areas of the proposed discharge by the Director at least 45 days prior to any proposed final action: (A) by publishing the notice one time in a newspaper having general circulation in said count),,: and (B) by mailing the notice to all persons or agencies listed in Subsection (c) of this Rule, The notice shall set forth at least the following, (Au name, address, and phone number of the agency issuing the public notice: (B) name and address of each applicant; (C) brief description of each applicant's activities or operations which result in the discharge described in the NPDES application; (D) name of waterway to which each discharge is made and a short description of the location of each discharge on the waterway indicating whether such discharge is a new or an existing discharge: (E) a statement of the tentative determination to issue or deny an NPDES permit for the discharge described in the NPDES application; (F) a brief description of the procedures for the formulation of final determinations. including a 30-day comment period and any other means by which interested persons may influence or comment upon the determinations: and (G) address and phone nurnber of state agency premises at which interested persons may obtain further information,. request a copy of the draft permit, request a copy of the fact sheet, and inspect and copy NPDES application forms and related documents. Copies of the fact sheet shall be made available free upon request. Copies of the information on file, other than fact sheets. will be made available upon request and payment of the cost of reproduction, (3) Public notice for those activities covered by Certificates of Coverage issued pursuant to a general permit and .Authorizations to Construct shall not be required, (b) Notice of Public Meeting (1) Notice of public meeting on any NPDES penmt application shall be circulated in the geographical areas of the proposed discharge by the Director at least 30 days prior to the date of the meeting: (A) by publishing the notice one time in a newspaper having general circulation in said county, (B) by mailing the notice to all. persons and government agencies which received a copy of the notice or the fact sheet for the NPDES application; and (C) by mailing the notice to any person or group upon request. (2) The notice of any public meeting shall include at least the following: (A) name, address, and phone number of agency holding the public meeting; (B) name and address of each applicant whose application will be considered at the meeting; (C) name ot waterway to which each discharge is made and a short description of the location of each discharge on the waterway; (D) a brief reference to the public notice issued for each NPDES application including identification number and date of issuance; (E) information regarding the time and location for the meeting; (F) the purpose of the meeting; (G) address and phone number of premises at which interested persons may obtain further information„ request a copy of each draft NPDES perrnit, request a copy of each fact sheet. and NORTH CAROLINA ADMINISTRATIVE CODE 04/22/93 Page 10 EHNR - ENVIRONMENT MANAGEMENT TI SA:: 0213' .0100 inspect and copy NPDES forms and related documents; and (H) a brief description of the nature of the meeting including the rules and procedures to be foliowed; The notice shall also state that additional information is on file with the Division of Environmental Management, Department of Environment. Health, and Natural Resources at the Archdale Building at 512 North Salisbury Street, Raleigh, North Carolina, and may be inspected at any time during normal working hours, Copies of the information on file will be made available upon request and payment of cost of reproduction. (c) Mailing Lists. Any person may request to receive copies of all notices required under this Rule and the Director shall mail such notice to any such person. An annual charge of twenty-five dollars (S25,00) may be charged for any person desiring to be placed and maintained on the NPDES Permit mailing list. The Director shall also give notice to the following for NPDES permits: (1) State water pollution control agency for the States of Virginia. South Carolina, Tennessee, and Georgia; (2) Appropriate district engineer, U.S. Army Corps of Engineers; i3) Lead agency responsible for preparation of plan pursuant to Section 208(b) of the Clean Water Act, 33 U.S.C. Section 1251 et seq, in approved 208 areas; (4) State agency responsible for the preparation of plans pursuant to Section 303(e) of the Clean Water Act, 33 U.S.C, Section 1 251 et seq; (5) North Carolina. Department of Environment, Health, and Natural Resources, Dsvitc�n of Environmental Health: and (6) Any other federal, state, or local agency upon request. History Note: Statutory Authority G.S. 143-215.1(a)(1); 143-215.1(c),- 143-215,4(a),- 143-215.4(c:). Eff: February 1, 1976; Amended Eff March 1, 1993; August 1, 1988; October 1, 1987; December 1, 1984. .0110 RESPONSE TO PUBLIC NOTICE History Note: Statutory Authority G.S. 143-215.3(a) Eff February 1, 1976,- Repealed Eff November 1, 1987. 43-215.1(c)(3);143-215.3(a 43-2 5..1(ca)(4): .0111 MEETINGS AND HEARINGS (a) Public Meetings: (1) The Director shall provide an opportunity for the applicant. any affected state, any affected interstate agency, the regional administrator, or any interested agency, person, or group of persons to request or petition for a public meeting with respect to NPDES permit applications. Any person who desires a public meeting on any NPDES permit application shall so request in writing to the Director within 30 days following the publication date of the notice of application. Any such request or petition for public meeting shall indicate the interest of the party filing such request and the reasons why a meeting is warranted. (?) The Director is delegated authority to determine if a public meeting shall be held in accordance with G.S. 143-215, 1(c)(3) and to issue public notice and conduct such meeting for the Commission. (3) All comments received within 30 days following thepublication date of the notice of NPDES permit application shall be made part of the application file and shall be considered by the Director prior to taking final action on the application. (4) Any meeting brought pursuant to this Subsection shall be held in the geographical area of the proposed discharge or other appropriate area, in the discretion of the Director, and may, as appropriate, consider related groups of permit applications. (b) Adjudicatory Hearings and appeals shall be conducted in accordance with Article 3 of Chapter 15013 of the General Statutes. HistoryNore: Statutory Authority G.S.143-215.3(ab(1),�143-21'5.1(E)(1)„°143-,21.5,()(3);143-21S.3ea)(4), 143-215.5; 143-215.1(e): Ef February 1, 1 .976: NORTH CAROLINA A13r,1 TN1STIVe CODE 04/22/93 Pate 11 EHNR - ENVIRONMENTAL MANAGEMENT TI5A: 02H 0100 Amended Eff March 1, 1993; Al c member 1, 1987, O112 FINAL ACTION ON PERMIT APPLICATIONS (a) The Director shall take tonal action on all NPDES applications not later than of intent to issue or deny, or, if a public meeting is held, within 90 days following of the meeting or in the case of an Authorization to Construct permit 90 days after application or, if a public meeting is held concerning the Authorization to Construct. the closing of the record of the meeting. (b) The (1) 60 days following notice the closing of the record the receipt of a complete within 90 days following Director is authorized to: issue a permit containing such conditions as are necessary to effectuate the purposes of G,S, 143-2 I5.1 and G.S. 143-215.67; issue a permit containing time schedules for achieving compliance with applicable effluent standards and limitations, water quality standards, and other legally applicable requirements: (3) modify or revoke any permit upon giving 60 days notice to the person affected pursuant to Rule .01 14(a) of this Section; (4) suspend a permit pursuant to Rule .01 14(a) of this Section; (5) rescind a permit upon request by the permittee; (6) deny a permit application: Al where necessary to effectuate the purposes of Article 21 Chapter 143 (B) for a discharge prohibited by G.S. 143-214.2(a), (C) where the Secretary of the Army finds the discharge would substantially impair anchorage and navigation, (D) for a discharge to which the regional administrator of EPA has objected as provided in Section 402(d) of the Clean Water Act as amended, 33 U.S.C, Section 1251 et seq, (E) for any point discharge which conflicts with a plan approved pursuant to Section 208(b) of the Clean Water Act as amended. 33 U.S.C. Section 1251 et seq, effective February 4, 1987. The permit applicant has the burden of providing sufficient evidence to reasonably ensure that the proposed system will comply with all applicable water quality standards and requirements. No permit may be issued when the imposition of conditions cannot reasonably ensure compliance with applicable water quality standards and regulations of all affected states. (d) Permits shall be issued or renewed for a period of time deemed reasonable by the Director except in no case shall permits be issued for a period to exceed five years. Hry Note: Statutory luthority G.S. 143-215.34)(1); 143-215,1(c)(4); 143-215. 1(b); 143-215, 3ra)(3); 143-215.3(a)(4): 143-215.1(05), 143-214.2"ix),' 143-215; 143-215.2(a); Eff February 1, 1976: Amended Eff March 1, 1993; October 1, 1987; September 1, 1986; December 1, 1984, ) .0113 NOTIFICATION OF APPLICANTS The Director shall notify an applicant of the final decision of the applicant's permit application. Notifications of denial shall be made by certified mail and shall specify the reasons therefor and the proposed changes which in the opinion of the Director will be required to obtain the permit. History 1Vote. Statutory Authority G.S. 143-215,3(r)(1); 143-215.1(a),' 143-215.3(a)(4); EJJ.. February 1, 1976: Amended Eff October 1, 1987,. .0114 MODIFICATION AND REVOCATION OF PERMITS (a) Any permit 'issued pursuant to this Section is subject to revocation or modification in whole or part pursuant to 40 CFR 122.62 or for any of the following: ('I) violation of any terms or conditions of the permit; (2) obtaining a permit by misrepresentation or failure to disclose fully all relevant facts; (3) a change in any condition that requires either a temporary or permanent reduction or limitation of the permitted discharge; and (4) refusal of the permittee to permit the Director or his authorized representative upon presentation. NORTH CAROLINA ADMIN1r. TRATfVE CODE 044/22/93 Page 12 E NR - EM'JRONMENTAL MANAGEMENT MA: 02 41100 of credentials: (A) to enter upon permittee's premises in which an effluent source is located or in which any records are required to be kept under terms and conditions of the permit, (13) to have access to any copy and records required to be kept under terms and conditions of the permit, (C) to inspect any monitoring equipment or method required in the permit. or (D) to sample any discharge of pollutants. (5) failure to pay the annual fee for administering and compliance monitoring. (b) Modifications and reissuance of permits shall be subject to the same public notice and other procedural requirements as the issuance of permits except as follows: (I) modifications of the monitoring program contained in the permit, (2) name changes or changes in the ownership of the discharge when no other change in the permit is indicated, (3) a single modification of any compliance schedule not in excess of four months, (4) modification of compliance schedules (construction schedules) in permits for new sources where the new source will not begin to discharge until control facilities are operational, (5) modifications to include or amend pretreatment program requirements. (6) issuance of permits revoked for failure to pay the annual administering and compliance monitoring fee, (7) modifications determined by the Director to be minor, such as typographical errors, incorrect maps, and similar minor changes. History Note: Statutory Authority G.S. 143-2153(a)(1); 143-215.1(4E3): Eff February, 1, 1976: Amended gff March 1, 1993: September 1, 1988; November 1. 1987. .0115 PUBLIC ACCESS (a) All records, reports, and information required to be submitted to the Commission or the Director; any public comment on these records, reports or information: and the draft and final permits shall be disclosed upon request to the public unless the person submitting the information can show that such information, if made public, would disclose methods or processes entitled to protection as trade secrets, (b) The Director is authorized to determine information which is entitled to confidential treatment In the event the Director determines that such information (other than effluent data) is entitled to confidential treatment, he shall take steps to protect such information from disclosure. He shall submit the information considered to be confidential to the Regional Administrator, EPA, Region IV, for concurrence in his determination of confidentiality, (c) The Director shall: (I) provide facilities for the inspection of information relating to permit applications and permits, (2) ensure that the staff handle request for such inspections promptly, (3) ensure that copying machines or devices are available for a reasonable fee. History Note: Statutory Authority, G.S. 143-2153(a)(.1,); .143-215.3414): 143-215.3(a)(4): 132-6: 143-215.65; Eff February 1, 1976; Amended Eff March 1, 1993; October 1_1987, .0116 EMERGENCY PROCEDURES If the Director determines any threatened or continuing violations exist which warrant immediate action, the Director shall so notify the Commission or the secretary who may exercise emergency powers pursuant to 143-215,3(a)(8), 143-215.13(d), 143-215.6(c), or I43-215.3(a)(12). History, Note: Statutory Authority., G,S, 143-215.3(a)(8); 143-215,130J; 143-21.5.6(0; Fft* Februa7 1, 1976. Amended Ei December 1, 1984; November 1, 1978. NORTH CAROLINA ADMINISTRATIVE CODE 04/22/93 Page 13 EHNR EWIRONMENTAL MANAGEMENT M. I • • 1==M1 M. I • I T15A: 02H .0100 .0117 LNATSTIGATIONS: MONITORENG: AND REPORTING (a) Staff of the Department of Environment, Health. and Natural Resources are authorized to conduct any investigations as provided in G.S. 143-2 l5,3(a)(2), (7), and (9) for the purpose of determining compliance with water quality standards, effluent limitations, permit conditions and any duly adopted rule of the Corn.mission. (b) Any person subject to the provisions of G,S. '143-215.1 shall comply with the monitoring and reporting requirements of Rules in Section 15A NCAC 2B .0500. History Note: Statutory Authority G.S., 143-215. 3(4)(1); 143-215 „ 3 (a)(41:143-215. 3(a)(2),- 143-215. 3(4)(7); 143-215.1(b)(1); 143-215.3(a)(9),- 143-215.63; E. February 1, 1976; Amended Eff March 1, 1993: October 1, 1987,- December I, 1984„- November 1, 1.978. .0118 EFFLUENT LIMITATIONS AND STANDARDS Any state NPDES permit will contain effluent limitations and standardsrequired by 15A NCAC 2B .0400 and the Clean 'Water Act which is hereby incorporated by reference including any subsequent amendments and editions, This material is available for inspection at the Department of Environment, Health. and Natural Resources, Division of Environmental Management, 512 N. Salisbury Street. Raleigh, North Carolina. Copies of the Clean Water Act may be obtained from the Superintendent of Documents, 1.r..S. Government Printing Office, Washington D,C,, 20402-9325 at a cost of fifty dollars (S50,00), Thatrule contains the effluent standards and limitations for ensuring compliance with Sections 301, 302, 306. and 307 of the Clean Water Act. For effluent limited stream segments, the rule incorporates by reference federal effluent limitations and guidelines as state effluent limitations and guidelines. For water quality limited stream segments, the rules provide that effluent limitations be calculated by the staff and approved by the Director, to comply with Section 301(b)(I )(C) of the federal act. History Note: Statutory Authority G.S. 143-213(23); 143-215,- 143-215,1(h)(1): 143-215,34-4)(1); Eff February 1, 1976,- Amended Eff March 1,1993,- November 1, 1987. .0119 DISCHARGES OF 50,000 GALLONS PER DAY OR LESS Histoo.,! Note: Statutory Authority G.S. 143-215.31d1(1); 143-215.3(a)(4); Eff February 1, 1976; Repealed Eff Decem.ber 1. 1984. .0120 LIMITATION ON DELEGATION The Director is authorized to delegate any or all of the functions contained in this Section except the following: (I) denial of a permit application, (2) suspension of a permit, (3) revocation of a permit not requested by the permittee,. (4) modification of a permit where initiated by the Division and which does not fall ithin the exceptions listed in Rule .0114(b) of this Section, or (5) determination of confidentiality, History Note: StatutoryAuthority G.S. 143-215.3(a)(1); 143-215,3(4)(4); Eff February 1, 1976; Amended Eff March 1, 1993, .0121 SUSPENSION OF REQUREMENT FOR STATE NPDES PERMITS (a) The Commission finds that an NPDES Permit issued by the U.S. Environmental Protection Agency will. serve in lieu of a State Permit under I5A NCAC 21-1 .0104 and G.S. 143-215..1 so long as the Federal Permit is valid. (b) Nothing in this Rule shall prevent the Commission from enforcing laws and regulations which by their NORTH CAROLINA ADMINISTRATIVE CODE 04/22/93 Page 14 EHNR ENVIRONMENTAL tIAVAGEMEJVT T ' A: 0 .0100 terms are applicable without a G.S. 143-215,1 permit. His Note: Statutory Authorily G. 5 143-215,3(a)(1): 143-215.1; 1438-282: Eff ,December 1, 1976: Amended Eff.: .December 1, 1984.. .0122 CONCENTRATED ANIMAL FEEDING OPERATIONS Part 122,23 of Title 40 of the Code of Federal Regulations,. entitled "Concentrated Animal Feeding Operations", is hereby incorporated by reference including any subsequent amendments and editions. 'This. material. is available for inspection at the Department of Environment. Health, and Natural Resources. Division of Environmental Management, 512 N. Salisbury: Street, Raleigh., North Carolina, Copies may be obtained from the Superintendent of Documents., U.S. Government Printing Office, Washington D...C, 20402-9325 at a cost of thirty dollars ($30,00). .History Note: Statutory Authority G.S. .143-213(24), 143-215: 143-215,1: 143-215.3(a)(1): Eff. December .1, 1976: Amended Eff March 1, 1993: October 1, 1987: December 1, 1984; June 7, 1981, .0123 REQUIREMENTS: EVALUATLNG FEEDLOT PERMIT APPLICATIONS (a) Guidelines, Upon identifying any concentrated animal feeding operation or animal feeding operation that the staff has reason to believe should or could be regulated under this permit program, the staffshall conduct an on -site inspection of such operation, and shall make the following determinations as a result thereof: (1) For a concentrated animal feeding operation as described in 40 CFR 122.23(b)(3) and Paragraph (a) of Appendix B of those regulations, does a discharge of pollutants occur to the surface waters of the state by any means, as a result of any rainfall event less severe than a 25-year, 24 hour event. (2) For a concentrated animal feeding operation as described in 40 CFR 122,23(b)(3) and Paragraph (b) of Appendix B of those regulations; (A) Does a pollutant discharge occur to the surface waters of the state through a man-made ditch, flushing system, or similar man-made device; or (B) Does a pollutant discharge occur to the surface waters of the state which originate outside of and pass over, across, through, or otherwise come in contact with animals confined in the operation, as a result of any rainfall event less severe than a 25-year, 24 hour event, (3) Case -by -Case Determination (A) For an animal feeding operation not otherwise falling within the definition provided in 40 CFR 122.23(b)(3): (i) Does a pollutant discharge occur to the state's surface waters through a man-made ditch, flushing system, or similar man-made device: or (ii) Does a pollutant discharge occur to the state's surface waters which originate outside of and pass over, across, through, or otherwise come into direct contact with animals confined in the operation as a result of any rainfall event less severe than a 25-year, 24 hour event_ (B) If the staff determines that a discharge occurs under either (3)(A)(i) or (3)(A) (ii) of this Paragraph, then such an animal feeding operation may be designated by the Director_ Division of Environmental Management, as a concentrated animal feeding operation. In making such designation, the Director shall consider the following factors: (i) The size of the animal feeding operations: the amount of waste therefromching the state's surface waters; (ii) The operation's location relative to the surface waters of the state: (Ili) The means of conveyance of animal wastes or process waste waters into the surface waters of the state; (iv) The degree of slope, nature of vegetation, extent of rainfall. and other factors relative to the likelihood or frequency of discharge of animal wastes and process waste waters into the state's surface waters: (v) Other factors relativeto the significance of the pollution problem sought to be regulated: (vi) Does a discharge of pollutants occur which results in a violation of water quality standards_ NORTH CAROLINA ADMINIS.TRAT 04/72/97 PIPOP 7 EHNR - ENVIRONMENTAL MANAGEMENT T1.5A: 02H .0100 as a result of any rainfall event less severe than a 25-year, 24 hour event. (b) Notice to Apply for Permit. If the field determination verifies that a discharge from an animal feeding. operation or concentrated animal feeding operation occurs under any of the conditions listed in Paragraph (a)(1) to (3) of this Rule, the Director shall give written notice to the owner or operator of the concentrated animal feeding operation. that he must submit an application for a permit. The notice shall specify, that if the owner or operator can permanently eliminate a discharge of pollutants to the surface Waters of the state. by such minor changes as can be affected within 60 days of the receipt of notice to submit a permit application (such as, but not limited to, diversion of outside drainage from pen areas, modifications to lagoons, closing off drainage ditches) a permit application will not be required. If modifications necessary to eliminate permanentlydischarges of pollutants to surface waters of the state cannot or are not completed within 60 days of receipt of notice, a permit application must be submitted. (c) Permit Applications. Permit applications as required by 40 CFR 122.21 will be available in the Division of Environmental Management regional, offices. On determination that an ,application should be submitted. the applicant shall forward a completed application with supporting information required by Rules .0105 to .0109 of this Section. Applications with supporting documentation are to be mailed to the Director, Division of Environmental Management, P.O. Box 29535, Raleigh, North Carolina 27626-0535. On receipt of the application, a representative of the Division of Environmental Management will conduct an inspection to determine whether a permit is required. If a permit is required, the application vvillbe processed, If not, it will be returned without action. Those concentrated animal operations that can alleviate the requirement to have a permit through minor modifications to facilities will be given 60 days to make such modifications prior to processing the permit application. On completion of required modifications to facilities, the permit application will be returned with 'written confirmation that the concentrated animal operation is in compliance with these Rules. (d) Methodology for Establishing a Potential for a Discharge as a Result of Any Rainfall Event Less Severe Than a 25-year, 24 Hour Event. The staff site evaluation shall include soil characteristics of the feedlot and, of the land area lying between the feedlot and the receiving stream; slope and other topographic characteristics of the feedlot and the area between the feedlot, and the receiving stream; and the total drainage area. Using the results of the site evaluation, the staff shall use either the "rational method for determination of runoff" or the "SCS method for determination of runoff" to establish whether a discharge occurs at rainfall events of less than the 24-hour, 25-year rainfall. (e) Impact Evaluation. Utilizing the results of the site evaluation and the runoff evaluation required in, Paragraph (d) of this Rule, the staff shall through mathematical modeling determine whether pollutants discharged as a result of rainfall runoff will cause a violation of water quality standards at flows in existence during the runoff period. (f) Final Determination and Fact Sheet. Upon a final determination that a permit is not required. the staff shall prepare a fact sheet which delineates the reasons which have been established for requiring the permit, the corrective actions if any necessary to control the discharge of pollutants, and an implementation schedule for completing such actions. If no corrective actions are required, the fact sheet shall, specifically state that none are required and provide the justification for not requiring corrective actions. Upon completion of the fact sheet, the staffshall prepare an NPDES draft permit containing a description of needed corrective actions and a schedule for implementation and process the permit in accordance with Rule .0107 of this Section, History Note: Statutory Authority G.S. 143-213(24); 143-215; 143-215,1; 143-,215,3ia„g1 ),(4 Eff. December 1, 1976: Amended Eff, March 1, 1993;.October 1, 1987; December 1, 1984; June 7, 1981, .0124 RELIABILITY All facilities shall provide adequate reliability measures, which, in the opinion of the Director, will insure continued treatment and disinfection where the intemiption of such treatment would render the waters unsafe for their best intended uses. The reliability measures shall include the following: (1) For new or hydraulically expanding facilities with mechanically operated components, and for any facility designated by the Director, multiple (dual at a minimum) components such as pumps. ,chemical feed systems, aeration equipment and disinfection equipment: and. (2) At least one of the following: (a) dual or standby power supply on site, or NORTH CAROLINA ADMt4VISTR4TIVE CODE 04/22/93 Page 16 EIINR ENVIRONMENTAL MAXAGEMENT TI A: 02 ' .0108 (b) approval by the Director that the facility: (i) serves a private water distribution system which has automatic shut-off at power failure and no elevated water storage tanks, and has sufficient storage capacity that no potential for overflow exists. or (iii) can tolerate septic wastewater due to prolonged detention, and (iv) would have de minimus "impacts as a result of power failure, or a demonstration that the waters that would be impacted by a power failure are classified as C Waters, the applicant may be allowed to show a history of power reliability that would demonstrate that an alternative power source would not be needed or demonstrate other measures which provide comparable assurances that surface waters will not be impacted during power failures: (3) For new or hydraulically expanding mechanical facilities, the treatment plant must contain parallel units for components in the liquid line (screening, primary sedimentation. biological treatment units, chemical and physical treatment units, clarifiers, disinfection and effluent filters), unless the applicant can demonstrate to the satisfaction of the Director that this requirement is unwarranted for a particular case; and (4) For mechanical facilities with a design capacity equal to or greater than 5.0 mgd, continuous operation, 24 hours, seven days per week, with each shift staffed by at least one certified w°astewater operator shall be provided on or before October 1, 1993, unless the applicant can demonstrate to the satisfaction of the Director that this requirement is unwarranted for a particular case: and (5) For facilities permitted under this Section, the permittee must designate an Operator in Responsible. Charge and a back-up operator as required by the Water Pollution Control System Operators Certification Commission as established in 15A NCAC 8A .0202, and (6) In order to insure the proper operation and maintenance of facilities permitted under this Section, the Operator in Responsible Charge, or back-up operator when appropriate, must operate and visit the facility as required by the Water Pollution Control System Operators Certification Commission as established in 15A NCAC 8A .0202; and (7) Compliance with other reliability measures that, in the opinion of the Director, are necessary in a particular case, History Note: Statutory AuthorG.S. 143-214.1,' 143-215.1('la),' 14 Err. December 1, 1984, Amended Eff March 1, 1993; October 1, 1987. .0125 PERMIT REQUIREMENTS FOR PEAT M NLNG (a) Policy. Studies on peat mining in North Carolina have identified effects that could adversely impact. the existing uses of the waters of the state. As there is no experience with peat mining in similar ecological systems, the effectiveness of proposed control and mitigation measures has not been demonstrated and must be estimated by using methods of analyses that are not well tested by experience. Many of the impacts of large-scale peat mining and subsequent reclamation may be irreversible and may not be realized until years or decades after peat mining is initiated. In addition, the estuarine/wetland systems have intricate interconnections which are not well understood at present and which are essential to the viability of the very valuable public estuarine resources. Recognizing the unknowns associated with peat mining, this Rule specifies procedures and requirements that are necessary to ensure compliance with the water quality standards and protection of the uses of the waters affected by peat mining operations. The water quality standards and uses of the waters shall be protected during all phases of a peat mining project, and the cumulative impacts of other peat mining or land uses shall be considered in the evaluation of each permit. (b) Applicability. The requirements of this Rule are to be met during mining, reclamation, and, to the extent necessary to protect water quality standards, after reclamation for all peat mining operations that could contribute significant increases in pollution (including freshwater) into estuarine nursery areas, or any other area, identified by the Commission on a case -by -case basis when it is determined that potential exists for significant adverse effects on water quality and existing uses. Estuarine nursery areas are areas that function as important breeding or development grounds for estuarine or marine fishes, crustaceans or molluscs. These areas include; (l) all designated Primary Nursery Areas, (?) all designated Secondary Nursery Areas, NORTH CARO1{INA ADMINI",5TRATI'VE CODE 04/".22/93 Page 17 EHNR ROI"S'MENTAL MANAGEMENT T15A: 02H1 .0100 (3) atl'1 anadromous fish spawning grounds and nursery, areas identified in publication°s or the N.C. Division of Marine 'Fisheries, and (4) all other nursery areas designated or otherwise identified by the Marine Fisheries Comrnisston, or the Wildlife Resources Commission. (c) Drainages. (1) Canals draining peat mines shall not outlet directly into estuarine nursery areas and shall be directed towards appropriate freshwater bodies if possible. (2) if the drainage could contribute significant -flow, directly or indirectly, into estuarine nursery areas or other areas determined by the Commission to require this protection, the project must be designed such that the total annual water released from the site would not exceed that expected from the site covered with mature natural vegetation_ Mature natural vegetation is the assemblage of indigenous plants expected to occur on a proposed project site if it were allowed to develop 'undisturbed. This expectation may include periodic disturbance by fire at natural frequencies and intensities.. Also, the peak flows from the site shall be controlled by the use of basins or other management techniques which moderate release rates so that flows do not exceed those expected from the site undrained and with mature natural vegetation. For purposes of this Rule, undrained is the state of the proposed project site without structures or features imposed by human agency intended to facilitate removal of surface or subsurface water_ in modelling or other analysis required by this Rule, major canals existing at the time of rule adoption, at a density no greater than one per mile by one per 1.`2 mile (or 320 acre blocks,s, may be allowed at the discretion of the Commission when it is determined that accurate evaluation of "undrained" conditions is not practicable. Water management systems must be designed to meet these criteria utilizing models or other quantitative methods in accordance with Paragraph (g) of this Rule and considering a wide range of rainfall conditions. The frequency -duration distribution for flows leaving the site during and after reining should as much as possible match the distribution that would occur if the site were undrained and covered with mature natural vegetation. { } An initial transition period may be allowed such that the entire pernitted mining site comes into compliance with these limitations within four years. Reduction in runoff volumes must occur at a rate achieving constant yearly improvements as stipulated in the permit, and at no time exceed those expected under conditions existing at the time of permit issuance, (d) Nutrients, The project shall be designed so that nutrient loadings discharged from the site are no greater than would occur if the site were covered with mature natural vegetation. An initial transition period may be allowed such that the entire permitted mining site comes into compliance within four years, and shows constant yearly improvements in nutrient loadings as outlined in the proposed project plan, However, in accordance with Rule .0404(c) of this Subchapter, more stringent conditions may be established far nutrient discharges to waters that are excessively eutrophic. (e) Sediment. Best management practices, including settling basins on field ditches, should be utilized to control sediment in drainage waters. The levels of sediment discharged must be predicted for the different stages of the operation and evidence provided that these levels will not adversely affect the uses of the receiving waters. The deposition of windblown dust into both drainage and adjacent waters and the effects during and after fires must be included in this analysis. Details on the rate of sediment buildup and the frequency and procedures for removal in the various components for the water control system. including canals and settling basins, must be provided. Adequate sediment controls must be provided during maintenance and expansion of canals and water control structures. CO Other pollutants. The characteristics of the drainage water leaving the site must be described fully for all phases of the project. Any substances which may be discharged during some phase of the project must be evaluated as part of the application and adequately controlled to comply with the water quality standards and to protect the uses of the waters. Possible runoff or leachate from storage piles of peat, ash, or other substances on site must be included in this analysis. Adequate means of disposal of solid wastes must be assured and discussed in the application in order to assure reliable control of pollution from on -site storage piles.. (g) Quantitativethods of evaluation. The design and evaluation of proposed peat mining p on predictive models to an unusual degree since there is no experience with large-scale peat mining or the effectiveness of pollution control measures in similar situations. Modelling or quantitative methods of analyses must, at a minimum, meet the following requirements: NORTH CAROLINA ADMINISTRATIVE CODE 04/22/93 Page 18 EHNR - Eti'V'RO;V E:�a TAL MA 4 GEMENT TI.SA: 02H .0100 i 11 All factors which may affect the quality or quantity of the discharge must be inc.tuded in the design and evaluation of the water control system, including factors such as very large storrn events, sequential storm events, tires, various land uses during different stages of the project, recharge or discharge to the groundwater, and construction, expansion, felling -in and maintenance of ditches, canals, settling basins, and impoundments; t?j The complete assumptions for each analysis or condition must be listed and possible errors and the effects of such errors, including interactions, must be evaluated for each assumption, (3) Situations under which the predictions would be inaccurate must be identified and evaluated; (4) Conditions under which the proposed water control system would fail to provide adequate controls must be evaluated, including mechanical failures, and descriptions of the storage and Clow capacities of all system components along with the intensities and durations of storms which would be expected to exceed the capacity of the various components during each phase of the project. The impact of such failures on water quality and flows must be evaluated; t5) To provide maximum information about the operation of the proposed system under all conditions and to minimize the possibility of error or inapplicable assumptions, various methods of analyses should be utilized, including detailed models using historical rainfall data, as well as methods based on individual design storms and runoff coefficients. h) '.Wetland or swamp discharges, While wetlands and swamps are waters of the state and cannot be considered as part of a treatment and disposal system, their assimilative capacity and water storage capabilities may play a role in protecting the uses of downstream waters. For purposes of this Rule, wetlands are as defined in the federal NPDES regulations in 40 CFR 122.2, as existing on July 1. 1985. Copies may be obtained from the Director. Division of Environmental Management, Raleigh. Where available, determinations of wetland status by the G.S. Environmental Protection Agency or the U.S, Army Corps of Engineers may be used in making wetland evaluations. The Commission may also make determinations of wetland status in defining where water quality standards and uses must be protected. A discharge to a wetland or swamp must protect the uses of these waters. The water quality benefits of a wetland filter area should be estimated conservatively, Detailed information on the size, topography, soils, flows, water depths, channels, vegetation, wildlife resources, uses by wildlife and man, and other characteristics of a proposed filter area must be provided in order to demonstrate that the discharge will flow in the desired direction. that sheet flow and water quality benefits will be maintained over the long-term, and that water quality and existing uses of the area will not be threatened. The effects of storms or high water levels on these benefits and characteristics must also be evaluated. A description of the means of diffusion to provide sheet flow is particularly important. The terms wildlife and wildlife resources are used as defined in G.S. 113-129. (i) Effects on groundwater. The impacts of the proposed project and water control system on groundwater must be fully evaluated and found to ensure compliance with Title i5A, Subchapter 2L, Classification and Water Quality Standards Applicable to the Groundwaters of North Carolina. Groundwater monitoring wells may be required to verify compliance with this requirement. (1) Effects on adjacent landowners. The effects of the proposed project on water quality in adjacent lands and nearby wildlife refuges, parks, and other publicly owned lands, must be evaluated, Hydrologic and other alterations must .not threaten the uses in nearby waters. A brief description of the project and summary of the expected impacts on water quality. and uses must be sent to adjacent landowners and a copy attached to the permit application. (k) Assurance of continued operation. As part of the permit application, legal mechanisms must be developed to assure continuous proper lung -term use and operation and maintenance of water control systems during all times when permitted peat inning or reclamation activities are being carried out that could adversely, impact the waters of the state and thereafter where no other acceptable options are available to protect water quality, These mechanisms must include paying for the costs of operating and maintaining the system. These assurances must be provided by current owners and will be required through all changes in ownership during this time. Assurances of implementation of these mechanisms prior to the initiation of mining activity shall be a condition of the permit, (1) Abandonment. The consequences of abandonment of the drainage and water control systems must he fully described for each phase of the project and particularly after the reclamation plan is implemented. If the area of the project is abandoned at any time, the drainage discharges must come into compliance with the design requirements of this Rule within four years or on a schedule approved by the Commission such that pollution never exceeds levels existing at the start of the project. The analyses must verify that the mining NORTH C4 DM1 '1STRATJ E' CODE 04/22; 93 Page 19 EHNR - ENT 7RONMENTAL 141ANAGEMEN'T TISA: 02H .0100 bond and reclamation plan after the bond is released are both adequate to meet this condition. Further, it must be determined whether the rained area would flood, and if so, the depth of the water and points and raters of overflow must be described along with the impacts on adjacent lands and waters. (m) Characteristics of treatment systems. If an impoundment lagoon, canal or ditch does not meet all of the characteristics listed in Subparagraphs (1) through (4) of this Paragraph, the water in the structure may be considered classified waters of the state. Standards are not required to be met in waste treatment systems; However. if public uses were established, such as fishing, the Commission may determine that continual protection of that use be achieved which could preclude some benefits desired as a waste treatment system. The characteristics of a treatment system are that the structure: (1) is manmade and is utilized primarily for water management and water pollution control: (2) is entirely on a single tract of privately owned land with the owner or owners controlling the inflows and outflows, (3) has controls at the outlet(s) so water tray flaw out, but under normal hydrological conditions not into the structure or 'facility through the outlet(s); (4) is not an integral part of the ecosystem of the receiving waters so that if the operation causing, the pollution is discontinued, the structure or facility can be removed from use without adverse impacting the hydrology or water quality of the receiving waters. (n) Identification of outlet points. Water in treatment systems need not meet the water quality standards nor maintain public uses. Waters downstream from an outlet point must be protected to meet the standards and public uses, Canals are generally classified waters of the state. either as named stream segments in the Schedule of Classifications or as unnamed tributaries. The following factors can be used as guidance in determining the outlet point: (1) The outlet point must be entirely on the property of the permit applicant; i2) The outlet point must be selected so that the owner can block, obstruct, or open the outlet point. (A) without removing any established uses of the waters including navigation, fishing, and wildlife. and (B) without adversely affecting drainage by other landowners; (3) Once a point has been designated as an outlet, the receiving waters cannot be obstructed by any landowner without approval and a permit modification by the Commission; (4) Outlet designations may require declassifications. (o) Application Information. The permit application must contain full information to evaluate and assure compliance with the requirements of this Rule, including maps, diagrams, calculations, assumptions, engineering specifications, and any proposed deed restrictions, easements, contracts or other legal means of assuring long-term compliance. Applications for all permits required by G.S. 143-215.1 for the project site, including permits for waste disposal for sanitary facilities, on -site power plants, or energy conversion facilities, should be submitted together where possible in order to evaluate the full impacts of the proposed project. History Note: Statutory Authority G,S, 143-214.1; .143-215(a); 143-215(b),: 143-215,1,° 143- '1534'ul(l); Ef, September 1, 1986, .0126 ST©RMW'ATER DISCHARGES Permits for stormwater discharges to surface waters shall be issued in accordance with United States Environmental. Protection Agency regulations 40 CFR 122.21 and 122.26 which are hereby incorporated by reference including any subsequent amendments. Copies of this publication are available from the Government Institutes, Inc., 4 Research Place, Suite 200, Rockville, MD 20850-1714 for a cost of thirty six dollars ($36.00) each plus four dollars ($4.00) shipping and handling. Copies are also available at the Division of Environmental Management, Archdale Building, 512 N. Salisbury Street, Raleigh, North Carolina 27604. HistoryStatutory Authority G. B. 143-214, 1; 143-214. 7,• 143-215, 1.° 143-215, 3fa (1), E, : November 1, 1p86F` Amended Eff August 3. 1992. .0127 GENERAT, PERMITS NORTH CAROLINAADMINISTRATIVE CODE 04/22/93 Page 20 EHNR - ENVIRONMENTAL MANAGEMENT MA: 02H .0100 AlliMMNIMMINW (a) In accordance with the provisions of G.S. 143.215„1 (b)(3) and (4), general permits may be developed by the Division and issued by the Director for categories of activities shown in this Rule. All those dischargers in the State that received a "Certificate of Coverage" for that category from the Division will be deemed covered under that general permit. Each of the general permits will be issued individually under G.S. 143-215,1, using all procedural requirements specified for individual NPDES or state permits including application and public notice. Each general permit must be approved by the U.S. EPA, before it becomes effective. Dischargers covered under general permits, developed in accordance with this Rule, will be subject to the same effluent standards and limits, management practices, enforcement authorities, and rights and privileges as specified in the general permit. Procedural requirements for application and permit approval; unless specifically designated as applicable to individuals proposed to be covered under the general permits, apply only to the issuance of the general permits. After issuance of the general permit by the Director and approval by EPA, dischargers in the applicable categories may request coverage under the general permit, and the Director or his designee shall grant appropriate certification. General permits may be written to regulate categories of other discharges that all: Involve the same or substantially similar operations; Have similar discharge characteristics; Require the same effluent limitations or operating conditions: Require the same or similar monitoring; and In the opinion of the Director are more appropriately controlled by a general permit such as: (1) once -through non -contact cooling waters with no biocidal additives; (2) mine dewatering facilities; (3) water filtration facilities; (4) swimming pool filter backwash facilities: (5) seafood packing facilities; (6) oil terminal storage facilities: (7) tourist gem mines; (8) sand dredges; (9) trout farms; (10) aquifer restoration; stormwater discharges; (12) other discharges that meet the criteria in Paragraph (a) of this Rule. (b) General permits will only be granted for discharge into waters classified either WS or SA following review and approval by the Division of Environmental Health, Department of Environment, Health. and Natural Resources, (c) No provision in any general permit issues under this Rule shall be interpreted as allowing the permittee to violate state water quality standards or other applicable environmental standards, (d) For one of these general permits to apply to a facility. a Notice of Intent to be covered by the general permit must be given using forms described in Rule .0105(a) of this Section and, as appropriate, following the application procedures specified in Rules .0105 and .0106 of this Section. If all requirements are met, coverage under the general permit may be granted. If all requirements are not met, a long form application and full application review procedure will be required. (e) General permits will be effective for a term not to exceed five years at the end of which the Division may renew them. All public notice requirements shall be satisfied prior to renewal of general permits. Dischargers covered by general permits need not submit new Notices of intent or renewal requests unless so directed by the Division. If the Division chooses not to renew a general permit, all facilities covered under that general permit shall be notified to submit applications for individual permits. (f) All previous state water quality permits issued to a facility which can be covered by a general permit, whether for construction or operation, are revoked upon request of the perrnittee, termination of the individual permit and issuance of the Certification of Coverage. (g) Anyone engaged in activities covered by the general permit rules but not permitted in accordance with this Section will be considered in violation in G,S. 143-215.1. (h) Any individual covered or considering coverage under a general permit may choose to pursue an individual permit for any facility covered by this Rule. (i) The Director may require any person, otherwise eligible for coverage under a general permit, to apply for an individual NPDES permit by notifying that person that an application is required. Notification shall consist of a written description of the reason(s) for the decision. appropriate permit application forms and application instructions, a statement establishing the required date for submission of the application. and a NORTH CAROLINA ADMINISTRATIVE CODE 04122/93 .Pag EHNR - ENVIRONMENTAL MANAGEMENT T 5A: 02H .0 00 statement informing the person that coverage by the general permit shall automatically terminate upon issuance of the individual permit.. Reasons for requiring application for an individual permit may' be: (1) the discharge is a significant contributor of pollutants: (2) conditions at the permitted site change, altering the constituents or characteristics of the discharge such that the discharge no longer qualities for coverage under a general permit; (3) noncompliance with the general permit; (4) noncompliance with Division Rules; or (5) a change has occurred in the availability of demonstrated technology or practices for the control or abatement of pollutants applicable to the point source; (6) eftluent limitations are promulgated for the point sources covered by the general permit; (7) a water quality management plan containing the requirements applicable to such point sources is approved after the issuance of the general permit: (8) a determination that the water of the stream receiving the discharge is not meeting applicable water quality standards. (j) Any interested person may petition the Director to take an action under Paragraph (i) of this Rule to require an individual NPDES permit. (k) General permits may be modified, terminated, or revoked and reissued in accordance with the authority and requirements of Rules .011.2 and .01 i 4 of this Section. History .Notc: Statutory Authority G,S, 143-215(1); 143-215. 31d)(1): Eti. Octoner 1, 1987; Anzended Eff. March 1, 1993: AUg UST1, 1991: August 1, 1988. .0128 GENERAL PERMIT FOR COOLING WATERS .0129 GENERAL PERMIT FOR MLNE DE'VVATERING FACILITIES .0130 GENERAL PERMIT FOR WATER FILTRATION FACILITIES .0131 GENERAL PERMIT/SWIMMING POOL FILTER BACKWASH FACILITIES .0132 GENERAL PERMIT FOR SEAFOOD PACKLNG FACILITIES .0133 GENERAL PERMIT(OIL STORAGE FACILITIES DISC/WS-III WATERS .0134 GENERAL PERMIT OTHER THAN WS-I: WS-II: OR WS-III .0135 GENERAL PERMIT FOR SAND DREDGES .0136 GENERAL PERMIT FOR TROUT FARMS .0137 GENERAL PERMIT FOR AQUIFER RESTORATIONS History Note: Statutory Authority, G.S. 143-215; 143-21511); 143-215(3): 143-2.15.1: 143-2.15.3; Ell. October 1, 1987; Amended Eff August 1, 1988; Repealed Eff August 1,1991. .0138 AUTHORIZATION TO CONSTRUCT PERMITS (a) Required. After an NPDES permit has been issued by the Division of Environmental Management in accordance with this Section, construction ofwastewater treatment facilities or additions thereto shall not begin until final plans and specifications have been submitted to and an Authorization to Construct has been issued to the permittee by the Division of Environmental Management. If an Authorization to Construct has not been. applied for in accordance with the requirements of the NPDES permit during the term of the permit, the permit will be considered void upon expiration and future actions will be considered as a new application. (b) Application. (1) Application for Authorizations to Construct must be made in triplicate on official 'forms completely filled out, where applicable. and fully executed. The signature of the consulting engineer or other agent will be accepted on the application only if accompanied by a letter of authorization from the perm ittee (2) Required sets of plans and specifications: (A) regular projects -- five sets of detailed plans and specifications, (B). federal and state grants Loan projects -- four sets of detailed plans and specifications plus federal assurances required by appropriate federal agency; VORTII CAROLINA ADMINISTRATIVE CODE 04/22/93 Page 22 EHNR - ENVIRONMENTAL lif,LVAGEMENT TI5A: 02H .0100 (3) Specifications describing ail materials to be used, methods of construction and means for assuring, the quality and integrity of the finished project. (4) When required, a statement submitted that the wastewater treatment facility invoked will he properly disconnected and the wastewater discharged into an adequate district or municipal system when it becomes available: (5) If a Sedimentation and Erosion Control Plan is required by the Division of Land Resources or their designee, documentation, shall be provided verifying that the applicant has developed and submitted to the governing agency the required Plan. (6) A 110 volt power source and a potable water supply, equipped with backtlow prevention, must be available at the treatment system to allow for maintenance, clean-up and sampling. In cases where this is not reasonable or economically achievable, an exception may be granted by the Water Quality Section Chief, (7) For those wastewater disposal facilities which have the potential to cause a contravention of groundwater standards, hydrogeoiogic information must be provided as specified in Rule 2H .0205 of this Subchapter. (8) A residuals management plan must be submitted for all wastewater hat generate residuals and must include the following: (A) A detailed explanation as to how the residuals will be stabilized. In addition if the residuals are generated from a system treating sewage, the explanation must showthat the stabilization process meets the Environmental Protection Agency's enteria for a Class B residual as defined in 40 CFR 503 or for a Process to Significantly Reduce Pathogens (PSRP) as defined in 40 CFR Part 257 Appendix II. hereby incorporated by reference including any subsequent amendments and editions, This material is available for inspection at the Department of Environment. Health. and Natural Resources, Division of Environmental Management, ,512 N. Salisbury Street, Raleigh. North Carolina, Copies may be obtained from the Superintendent of Documents, U.S. Government Printing Office, Washington D C. 20402-9325 at a cost of thirty six dollars ($36,00). (13) An evaluation of the residual storage requirements for the treatment facility. A minimum of 30 days storage will be required on all facilities, unless the applicant can demonstrate to the satisfaction of the Director that this requirement is unwarranted for a particular case. Storage shall be calculated based upon average sludge production rate and shall be process units that are separate from the treatment system. i.e., not the clarifiers or aeration basins„ Additional storage may be required based upon the method of final disposal/utilization, (C1 No authorization to construct will be issued unless the application package includes a commitment from a DEM approved residual disposal/utilization site for the acceptance of the residual and which demonstrates that the DEM approved site has adequate capacity to accept the residuak. (9) A construction sequence plan must be submitted with applications for an Authorization to Construct for modification of existing wastewater treatment facilities. The plan must outline the construction sequence to ensure continuous operation of the treatment system. (c) Fees for Authorization to Constnict Permits (11 For every application for a new or modified construction permit, for facilities with a permitted flow of greater than 100,000 gallons per day, a nonrefundable application processing fee of two hundred dollars (S200.00) must be submitted. (2) For every application for a new or modified construction permit, for facilities with a permitted flow of equal to or less than 100,000 gallons per day but greater than 1,0(X) gallons per day, a nonrefundable application processing fee of one hundred and fifty dollars ($150.00) must he submitted. (3) For every application for a new or modified construction permit, for facilities with a permitted flock. of equal to or less than 1,000 gallons per day, a nonrefundable application processing fee of one hundred dollars ($100,00) must be submitted, History ;Vote: Statutory Authority' G,S. 143-215.1(0(1); Eff, October 1, 1987;. Amended Eff March 1, 1993; August 3, 1992.. .0139. MINIMUM DESIGN REQUIREMENTS NORTH C'AROLINA ADMINISTRATIVE CODE 04/22/93 Page. 23 E NR - ENVIRONMENTAL MANAGEMENT T15A: 02 .0100 All facilities requiring a permit pursuant to this Section shall be designed following good engineering practice and comply with the minimumdesign requirements specified in Rule 2H .0219 of this Subcha.pter.. The plans and specifications must be stamped and sealed by a Professional Engineer licensed in North Carolina unless all three of the following conditions are met; i 1) the plans and specifications are for domestic waste from a single farnitv dvelling with flows of 1000 gallons per day or less, and (2) the plans and specifications are prepared by the homeowner, and contain complete information needed to evaluate the proposed facility, and (3) the effluent limitations are for secondary treatment. History Note: .Stenutor Authority G,S. 143-215.116(1 .Eff. October 1, 1987, .0140 CERTIFICATION OF COMPLETION Prior to operation of any treatment works or disposal system permitted in accordance with this Section, a certification must be received from a professional engineer certifying that the treatment works or disposal ,system has been installed in accordance with the approved plans and specifications. For facilities with phased construction or where there is a need to operate certain equipment under actual operating conditions prior to certification, additional certification may be needed as follow-ups to the initial, pre -operation. .,:ertification, In cases where the treatment works or disposal. system was designed by a homeowner rather than a .professional engineer, either the permittee or a professional engineer must submit this certification. History Note; Statutory Authority G. S, 143-215,1(0(1 ),- Eff October 1, 1987.. .0141 OPERATIONAL AGREEMENTS Prior to issuance or reissuance of a permit pursuant to this Section for a wastewater facility as specified in G.S. 143-215.1(d I ), the applicant must either provide evidence to show that the applicant has been designated as a public utility by the State Utilities Commission or enter into a properly executed operational agreement with the Division of Environmental Management. The requirement for assurance of financial solvency will be made on a case by case determination. History! Note: Statutory, A urhority G,S, 143-215.1(d I ); Eff October I, 1987.. .0142 USE/WASTEWATER TRTMT WORKS EMGCY MAIN: OPER/REPAIR FUND (a) In cases in which water quality standards are violated or an environmental health threat exists, monies from the Wastewater Treatment Works Emergency Maintenance, Operation and Repair Fund may he used at the discretion of the Director to correct the cause of such conditions., (b) In this, the Director shall: (1) Ensure the fiscal integrity of the fund; (2) Use the. fund only as a measure of last resort to protect water quality or public health when all other compliance and enforcement procedures have .failed; (3) Limit the use of the fund to wastewater treatment works with design flow capacities of less than or equal to one hundred thousand gallons per day (100,000 GPD), (4) Notify the permittee by certified mail of the intention to take emergency corrective. action and to recoup monies spent; (5) Make every effort to recoup fund expenditures, including collection costs, from the parties responsible (6) Coordinate use of the fund with the program of the Public Utilities Commission when a permittee is also a regulated utility, and (7) Provide a quarterly accounting of the fund to the Commission. History Note.- Statutory Authority G..S, 143-.215. 3(a),..” 143-215, 38(c.7; 14.3-215, 3Ble),' Eff, August I , 1988. NORTH CAROLINA 'STRATJVE CODE 04/22/93 Page 24 APPENDIX H NORTH CAROLINA'S WHOLE BASIN APPROACH TO WATER QUALITY MANAGEMENT: PROGRAM DESCRIPTION Prepared for Water Quality Section North Carolina Division of Environmental Management and Office of Policy, Planning, and Evaluation U.S. Environmental Protection Agency Prepared by Clayton S. Creager and Joan P. Baker Western Aquatics, Inc. Durham, North Carolina and North Carolina Division of Environmental Management Water Quality Section Draft for External Distribution and Comment EXECUTIVE SUMMARY North Carolina's Whole Basin Approach to Water Quail ty Management. Program Description The North Carolina Division of Environmental Management (NCDEM) Water Quality Section has initiated a whole basin approach to water quality management. In the future, activities within the NCDEM Water Quality Program, including permitting, monitoring, modeling, nonpoint source assessments, and planning, will be coordinated and integrated by basin, for each of the 17 major river basins within the state. Water quality and aquatic resources will be assessed simultaneously throughout an entire river basin, leading to the development of basinwide water quality management plans and strategies. The benefits of whole basin planning and management fall into three major categories: (1) improved efficiency, (2) increased effectiveness, and (3) consistency and equitability. By reducing the area of the state covered each year, monitoring, modeling, and permitting efforts can be focused; as a result, more can be achieved for a given level of funding and resource allocation., The whole basin approach is consistent with basic ecological principles of watershed management, leading to more effective water quality assessment and management. Linkages between aquatic and terrestrial systems are addressed (e.g., contributions from nonpoint sources) and all inputs to aquatic systems, and potential interactive effects, are considered. Whole basin management will facilitate the incorporation of nonpoint source pollution assessment and controls, since these diffuse pollutant sources extend to the watershed boundaries and accumulate from a basin's headwaters to its mouth. The whole basin plans will provide a focus for management decisions. By clearly defining the program's long-term goals and approaches, these plans will encourage consistent decision -making. Consistency, together with greater attention to long-range planning, in tum will promote a more equitable distribution of assimilative capacity, explicitly addressing the trade-offs among pollutant sources (point and nonpoint) and allowances for future growth. The long -ter as follows: jectives of North Carolina's Basinwide Water Quality Manage n nitatve are o Implement, a fully integrated approach to water quality assessment and management, that incorporates (1) chemical -specific monitoring and regulations, (2) biocriteria, bioassessments, and biosurveys, (3) water quality modeling, and (4) whole effluent toxicity testing. Coordinate Water Quality Section staff activities to make efficient use of available resources and to improve program effectiveness and consistency in management decision -making. o Identify priority problem areas and sources (both point and nonpoint) that merit particular pollutant control and enforcement efforts/resources. o Determine the optimal water quality management strategy and distribution of assimilative capacity for each of the 17 major river basins within the state. o Produce comprehensive basinwide management plans that communicate to policy makers and the general public NCDEM's rationale, approaches, and Tong -term strategies for each basin. o Implement innovative management approaches that both protect North Carolina's surface water quality and allow for sound economic growth and planning, and also encourage the equitable distribution of assimilative capacity. Increased assessment, through monitoring and modeling, of the interactions among pollutants and pollutant sources from a basin's headwaters to the river's mouth. o Address more explicitly contributions from nonpoint sources, interactions between point and nonpoint sources, and options for nonpoint source pollutant reduction and controls. o Establish basinwide total maximum daily loads, and avoid overallocation of the basin's assimilative capacity. o Fulfill the requirements of the federal Clean Water Act and U.S. Environmental Protection Agency regulations in the most efficient and effective manner, by consolidating survey and reporting activities into an integrated whole basin management plan. The implementation of whole basin planning and management will occur in phases. Permitting activities and associated routine support activities (field sampling, modeling, wasteload allocation calculations, etc.) have already been rescheduled by basin. All National Pollution Discharge Elimination System (NPDES) permit renewals within a basin will occur simultaneously, and be ill repeated at five year intervals. The NPDES permit renewal schedule drives the schedule for developing and updating the whole basin management plans. The management plan for a given basin must be available (and approved) preceding the scheduled date for permit renewals, to serve as the basis for the permit renewal process and decisions. The earliest basin plans prepared in the mid-1990s may not achieve all of the long-term objectives for whole basin management outlined above. However, subsequent updates of the plans, every 5 years, will incorporate additional data and new assessment tools (e.g., basinwide water quality modeling) and management strategies (e.g., for reducing nonpoint source contributions) as they become available. Each whole basin management plan will include eight major sections or components: (1) an introduction, describing the purpose and format of the plan; (2) a general basin description; (3) an assessment of the current status of water quality and biological communities in the basin; (4) an overview of existing pollutant sources and loads; (5) identification of the major water quality concerns and priority issues in the basin; (6) the Tong -range management goals and general management strategy; (7) the recommended total maximum daily loads, wasteload allocations (for point sources), Toad allocations (for nonpoint sources), and management actions; and (8) implementation, enforcement, and monitoring plans. The primary target audience for these plans includes policy makers, the general public, and the regulated community (e.g., local governments and industries). Thus, the document will be written in a manner and level of detail that is easily understood and appreciated by both technical and nontechnical audiences. Fifteen major steps have been identified to develop, produce, and implement each whole basin management plan. Although the basic structure and major responsibilities within the Water Quality Section will remain unchanged, implementation of a whole basin approach to water quality management will require increased information exchange and coordination, as well as more complex water quality modeling, data interpretation, and data base management than are currently employed. In particular, the ability to link water quality data and model projections for the multiple stream reaches within a basin, and to overlay and analyze other relevant types of information, such as land use, is a critical aspect and will be a primary benefit of whole basin planning, Thus, as part of the transition to whole basin planning, the Water Quality Section will initiate centralized data base management and more direct interactions and a closer working iv relationship with the Center for Geographic Information Analysis, to take advantage of their Geographic Information System (GIS) capabilities.. North Carolina's commitment to whole basin planning and management is consistent with the goals and guidance of the federal Clean Water Act. Several sections of the Clean Water Act require or provide general support for the whole basin approach, including sections 201(c), 208, 303(d), 303(e), and 319. North Carolina has interpreted these sections to mean that management plans, addressing both point and nonpoint sources of pollution, should be developed and promulgated for each of the 17 major river basins within the state. Although research and resource needs remain, the NCDEM Water Quality Section is preceding, therefore, with the development and implementation of basinwide management strategies and whole basin management plans. v Chapter INTRODUCTION TABLE OF CONTENTS Title 1.1 Objectives of Whole Basin Management ......... . . . .. . 1.2 Rationale for Whole Basin Management ...... . . . . . . . . . 1.3 Congressional Mandate for Whole Basin Planning .. 2. MAJOR COMPONENTS OF A WHOLE BASIN MANAGEMENT PLAN Page 2 3 6 12 2,1 Introduction .............„...,,,....„,..............,..... 17 2.2 General Basin Description . . ......... . . .... . „ , , . , . , , . , . „ „ .. , 17 2.3 Current Status of Water Quality and Biological Communities , ... , .. , , . 18 2.3.1 Sources of Water Quality Data ,4.....,,.,...,18 2.3.2 Methods to Interpret Water Quality Data ........ . .. . . b . , 18 2.3.3 Results of Subbasin Water Quality Analyses .... rc ..... , .. , . 19 2.4 Existing Pollutant Sources and Loads ........ 20 2.4.1 Major Categories and Types of Pollutants ...... . ... . . . .... 20 2.4.2 Data Sources and Assessment Methods ...... . ......... . . . 20 2.4.3 Subbasin Summaries ... . . ............. 21 2.4.4 Pollutant Loading Analysis , , ... , , ..... „ ... . 22 2.5 Major Water Quality Concerns and Priority Issues ..................22 2.6 Long -Range Management Goals and General Management Strategy ... 23 2.6.1 Projected Trends in Basin Development , ......... , ....... 23 2.6.2 Long -Term Management Goals and Objectives a .. , 23 2.6.3 General Management Strategy and Approach ..............25 2,7 Recommended Total Maximum Daily Loads and Management Actions ... 25 2.8 Implementation, Enforcement, and Monitoring Plans .... . ...... . .. . . 27 3. PROCEDURES FOR DEVELOPING WHOLE BASIN PLANS ..... 4. RESPONSIBILITIES WITHIN THE WATER QUALITY SECTION .... . 4.1 Existing Structure 4.2 Responsibilities for Whole Basin Planning ..... . ..... . .. . 5. IMPLEMENTATION SCHEDULE 6. DATA MANAGEMENT ,........,.,„ ....................... 7. REMAINING ISSUES AND OUTSIDE RESOURCE/RESEARCH NEEDS 7,1 Remaining Administrative and Regulatory Issues .. , ....... . 7.2 Technical Resource and Research Needs , .. 8. REFERENCES vi 29 34 34 37 42 49 51 51 52 54 LIST OF FIGURES Figure Title Page 1 Survey and reporting requirements of the federal Clean Water Act that can be satisfied through whole basin management and basinwide management plans 2 Relationship between the sections of a whole basin management plan and the specific reporting requirements of the federal Clean Water Act . . — 16 3 Major steps and information transfers involved in the development of a whole basin management plan ... . „ • . „ • . 30 4 The organizational structure of the NCDEM Water Quality Section _ . . 35 5 Four phase conceptual mod& of implementation of the whole basin approach to water quality management, indicating near -term and long-term program 43 6 Timeline for developing the first Tar -Pamlico whole basin management plan .. 47 vii Table '1 OF TABLES T Sections of the Federal Clean VVater Ac Planning and the Development of Sections of the Fadei EfficientlyImplerneni General ine for that Require or En urna Whole Whole Basin fng nt Plans . art Water Act that Would Be Mora Completely Through Whole Basin Management and Planning nwide Management Plan .. Pale 1 NPDES Permitting a for the 17 Major River B ins In North Carolina Estimated Time Frame and Schedule for Preparing the Ft t hole Basin Management Plan for the T Pm llBasin , ...46 1 INTRODUCTION In 1990, the North Carolina. Division of Environmental Management (NCDEM) Water Quality Section initiated plans for a whole basin approach to water quality management. Activities within the North Carolina Water Quality Program, including permitting, modeling and wasteload allocations, nonpoint source assessments, monitoring, special intensive studies, and planning, are to be coordinated and integrated for each of the 17 major river basins in the state. Water quality and aquatic resources will be assessed simultaneously throughout an entire river basin, leading to the development of basinwide water quality management plans and strategies. The overall goal is to develop consistent and effective long range management strategies that both protect the quality and intended use of North Carolina's surface waters and allow for sound economic planning. This report provides a description of the proposed whole basin approach to water quality management in North Carolina. By documenting the program's objectives, major components, procedures, and schedule, it is intended to assist the NCDEM Water Quality Section with program implementation and to communicate North Carolina's rationale and approach to the U.S. Environmental Protection Agency (USEPA), other states, and other interested parties. Activities and changes have been ongoing for several years within the NCDEM, which are not described in this document, to lay the foundation for whole basin planning and management. The Water Quality Section staff has been strengthened in key areas to provide the appropriate balance of skills and expertise needed to effectively implement whole basin management. Staff responsibilities and duties also have been reorganized to be consistent with the planned distribution of responsibilities for the whole basin planniiing initiative. Data base management and computational capabilities within the Water Quality Section have been enhanced, by supplying staff with personal computers or workstations, computer networking, improved software, and increased utilization of the Geographic Information System (GIS) technology. The writing of National Pollutant Discharge Elimination System (NPDES) permits has been automated, to minimize the backlog during the transition period, when shorter -term permits may be required. Finally, the advantages of a whole basin approach to water quality management have been broadly discussed within the NCDEM and also with the regulated community, to influence administrative philosophy and also generate support for the concept and program. The remainder of this section provides further detail on (1) the specific objectives of the North Carolina Basinwide Water Quality Management Initiative, (2) the rationale for and benefits of whole basin management, and (3) the congressional mandate for whole basin planning. Subsequent sections describe the major components of a whale basin management plan ('Section 2); the steps and tasks required to develop basinwide management plans (Section 3); the organization of the NCDEM Water Quality Section and specific responsibilities for developing and implementing whole basin plans (Section 4); schedules for program implementation (Section 5); data management approaches and needs (Section 6); and a summary of the critical remaining technical and policy issues and outside research and resource needs (Section 7). 1.1 OBJECTIVES OF WHOLE BASIN MANAGEMENT The long-term objectives of North Carolina's Basinwide Water Quality Managemen as follows: ive are o Implement a fully integrated approach to water quality assessment and management, incorporating (1) chemical -specific monitoring and regulations, (2) biocriteria, bioassessments, and biosurveys, (3) water quality modeling, (4) whole effluent toxicity permitting and testing, and (5) compliance and enforcement activities. a Coordinate Water Quality Section staff activities to make efficient use of available resources and to improve program effectiveness and consistency in management decision -making. o Identify priority problem areas and sources (both point and nonpoint) that merit particular pollutant control and enforcement efforts/resources, and regulation/statute modifications. o Determine the optimal water quality management strategy and distribution of assimilative capacity' for each of the 17 major river basins within the state. o Produce comprehensive basinwide management plans that communicate to policy makers and the general public NCDEM's rationale, approaches, and long-term management strategies for each basin. Assimilative capacity is defined as the amount of pollutant(s) that a waterbody can receive (assimilate), from both point and nonpoint sources, and still maintain the corresponding water quality standards established to protect the best use of those waters. 2 • Implement innovative management approaches that both protect North Carolina's surface water quality and allow for sound economic planning and growth, arid also encourage the equitable distribution of assimilative capacity. Increased assessment, through monitoring and modeling, of the interactions among pollutants and pollutant sources from a basin's headwaters to the river's mouth. o Address more explicitly contributions from nonpoint sources, interactions between point and nonpoint sources, and options for nonpoint source pollutant reduction and controls, o Establish basinwide to al maximum daily loads2 and avoid overallocation of assimilative capacity. o Fulfill the requirements of the federal Clean Water Act and USEPA regulations in the most efficient and effective manner, by consolidating survey and reporting activities into an integrated whole basin management plan. 1.2 RATIONALE FOR WHOLE BASIN MANAGEMENT The benefits of whole basin planning and management fall into three major categories: (1) improved efficiency, (2) increased effectiveness, and (3) consistency and equitability. Efficiency: The whole basin approach is administratively efficient; staff activities are focused on a series of defined geographic areas in a scheduled manner. By focusing areas of the state covered in a specific year, travel and field sampling efforts are concentrated within particular basin(s), allowing for expanded station and pararneter coverage and enhanced spatial and/or temporal resolution. Public notices and public hearings can be aggregated within each basin, increasing public awareness of and participation in the planning process. NPDES permit reissuance will be balanced so that approximately the same number of permits are issued each year; also wasteload allocation analyses can be conducted more efficiently if multiple dischargers within a given river basin or reach are considered simultaneously. As a direct result of increased Total maximum daily toad (TMDL) is defined as the sum of the individual wasteload allocations (i.e., that portion of a water's loading capacity allocated to one of its existing or future point sources of pollution) and load allocations for nonpoint sources and natural background. TMDLs can be expressed in terms of mass per time, toxicity, or other appropriate measure that relates to a State's water quality standard. Thus, the TMDL process provides for nonpoint source control tradeoffs. efficiency, more may be achieved for a given level of funding and resource allocation, resulting in greater monitoring coverage and/or more sophisticated water quality assessments,. In addition, as part of the transition to whole basin management, plans call for improved procedures for information transfer and data base management (see Section 6), which also will contribute to increased staff efficiency. Finally, the basinwide management plans that will result from these efforts are expected to consolidate many of the redundant survey and reporting requirements specified by the federal Glean Water Act (Figure 1). Effeetiveness: The whole basin approach is also more consistent with basic ecological principles of watershed management. Linkages between aquatic and terrestrial systems are addressed (e.g., contributions from nonpoint sources) and multiple inputs to aquatic systems,and potential interactive effects, are considered. Whole basin management will facilitate the incorporation of nonpoint source pollution assessment and controls, since these diffuse pollutant sources extend to the watershed boundaries and accumulate from a basin's headwaters. It also will encourage the integration of existing program components (chemical -specific monitoring and regulations; whole effluent toxicity testing and permitting; biocriteria, bioassessments, and biosurveys; water quality modeling; and compliance and enforcement activities) into a comprehensive, balanced water quality management program, taking full advantage of each type of information and approach. Finally, the development of basinwide strategies will formalize the process of long- range planning and add several new and innovative approaches to water quality assessment and management, including the following: o development and application of basinwide surface water quality models that explicitly address the potential interactive effects of multiple pollutants and dischargers, o evaluation of basinwide trends in water quality and biological indicators, o periodic re-evaluation of use designations and correction of misclassifications, o establishment of basinwide total maximum daily loads, o development of basinwide management plans that jointly address point and nonpoint pollutant sources, and o implementation of innovative management strategies, such as "agency banking" of assimilative capacity in anticipation of future growth, pollution trading, and industrial recruitment mapping. 4 Section of CWA 201 (c) 208 (a-1) 209 210 302 303 (d) • Comments 208 is currently inaive; NPS controls generally voluntary 209 focus is on national plan and large river basins: most states did not participate. Annual survey to determine efficiency of operation and maintenance of treatment works, alternatsve effluent control strategies tc c • point sources for the restoration of water qua desired level. states are to establish TMDLS for a • nonattainment waters for each pollutant that the Administrator identifies as suitable ... 303 (e) 304 305 (b) 314(a) 319(b) • Explicitly calls for areawide planning process th includes consideration of both point and no source pollutants. Water Quality Inventory. Biennial reporting on the use support, status of surface waters and the achievements of the regulatory program and gener assessment guidelines. Clean Lakes. Bienneal reporting on the nutrient (eutrophication) status of lakes. State Management Plans for identification, p setting of waters impacted by nonpoint source pollution. This section also includes guidance on the development and implementation of control programs. Figure 1. Survey and reporting requirements of the federal Clean Water Act that can be satisfied through whole basin management and basinwide management Mans. Consistency and, Epuitablllty: The whole basin management plans will provide a focus for management decisions. By clearly defining the program's long-term goals and approaches to water quality protection, these plans will facilitate consistent decision -making, not only within a given basin but also statewide. Consistency, together with greater attention to Tong -range planning, in turn, will promote a more equitable distribution of assimilative capacity, explicitly addressing potential trade-offs among pollutant sources (point and nonpoint) and allowances for future growth. In addition, the availability of basin plans, presented in a consistent format, will allow policy makers and the general public to more easily understand and evaluate the background, methods, and rationale for management decisions, thereby creating a more stable foundation for future planning, 1.3 CONGRESSIONAL MANDATE FOR WHOLE BASIN PLANNING The whole basin approach to water quality management derives its congressional support from several sections of the federal Clean Water Act (Table 1). The most explicit of these sections is 303(e), requiring each state to develop an areawide planning process for all navigable waters in the state, to address a broad range of water quality issues. Two other sections implicitly require or provide general support for the whole basin approach: Sections 303(d) and 319. Section 303(d) requires states to define total maximum daily loads, and associated wasteload allocations for point sources and load allocations for nonpoint sources, to ensure the attainment of water quality standards within all surface waters. Section 319 (Nonpoint Source Management Program), like Section 303(e), directly calls for a watershed by watershed management program. North Carolina has interpreted these sections of the Clean Water Act to mean that management plans, addressing both point and nonpoint sources of pollution, should be developed and promulgated for each major river basin in the state. Other sections of the Clean Water Act provide Tess direct yet tangible support for the whole basin planning approach. Section 201 includes general recommendations for conducting waste treatment management on an areawide basis, and many such areawide planning programs were started through Section 208. Since the earlier planning efforts for Section 208, the North Carolina water quality program has developed many of the organizational structures, assessment methods, Table 1. Sections of the Federal Clean Water Act that Require or Encourage Whole Basin Planning and the Development of Whole Basin Management Plans, Section Congressional Mandate 201(c) To the extent practicable, waste treatment management shall be on an areawide basis and provide control or treatment of all point and nonpoint sources of pollution including in place or accumulated pollution sources. 208 Several clauses of this section call for areawide planning, reporting, and control of point and nonpoint sources. The two clauses cited below are presented as examples only and are not intended to represent the entire scope of this section. 208(a) Encourage and facilitate the development and implementation of areawide wasle treatment management plans, 208(b) Section 1 - Not later than one year after the date of designation, the organization shall have in operation a continuing areawide waste treatment management planning process consistent with section 201. 303(d) Subsection 1 A - Each state shall identify those waters within its boundaries for which the effluent limits required by 301(b)(1) A and B are not stringent enough to complement any water quality standards applicable to such waters. The state shall establish a priority ranking for such waters, taking into account the seventy of the pollution and the uses to be made of such waters. 303(d) Subsection 1C - For each water identified in paragraph 1A, the state shall establish the total maximum daily load, for each pollutant that the Administrator identifies as suitable for such a calculation. Such loads shall be established at a level necessary to implement the applicable water quality standards with seasonal variations and a margin of safety which takes into account any lack of knowledge concerning the relationship between effluent limits and water quality. 303(e) Subsection 3 A-H The administrator shall approve any continuing planning process....which will result in plans for all navigable waters within such state, which include but are not limited to A - effluent limits and schedules of compliance at least as stringent as those required by 301 (b), 306, and 307: B - the incorporation of all elements of any applicable areawide waste management plans under section 208 and applicable basin plans under section 209; C - total maximum daily loads for pollutants d); D - procedures for revision; (continued) 7 Table 1. Sections of the Federal Clean Water Act that Require or Encourage Whole Basin Planning and the Development of Whole Basin Management. Plans. (Continued) Section 303(e) cont. Congressional Mandate E - adequate authority for intergovernmental cooperation; F - adequate implementation including schedules for compliance; G - controls over the disposition of all residual waste; and H - an inventory and ranking, in order of priority, of needs for construction of waste treatment works. 319(a) Nonpoint Source Management Program, State Assessment Reports - The Governor of each state shall submit a report which (a) identifies waters which require control of nonpoint sources to attain water quality standards, (b) identifies those categories of nonpoint sources (or specific sources) which add significant pollution to each portion of waters identified in a, (c) describes the process for identifying best management practices and measures to control each category, and (d) identifies and describes state and local programs for controlling nonpoint sources. 319(b) State Management Plans - The Governor of each state shall submit a management program. Each management program shall include (a) identification of the best management practices which will be undertaken, (b) identification of programs (both regulatory and nonregulatory) to achieve implementation of best management practices by categories, (c) a schedule of annual milestones for implementation, (d) a certificate from the State Attorney General that the laws of the state provide adequate authority to enforce b, or schedule to seek additional authority, and (e) sources of federal or other assistance and funding. 319(b) Section 4 - A state shall, to the maximum extent practicable, develop and implement a management program under the subsection on a watershed by watershed basis. modeling techniques, and r.uations necessary to enable the effective implementation of areawide planning and management. North Carolina's wmmitment to whole basin management and planning is consistent, therefore, with the stated goals, objectives, and guidance of the federal Clean Water Act. In addition, whole basiri management is expected to 'further the objectives of other sections of the Clean Water Act (Table 2), which do not require, but would benefit from, the whole basin planning process and roach as envisioned by the NCDEM Water Quality Section. 9 Table 2. Sections of the Federal Clean Water Act that Would Be More Completely and Efficiently Implemented Through Whole Basin Management and Planning. Section Congressional Mandate 209(a) The President, acting through the Water Resources Council, shall as soon as 'Practicable prepare a Level B plan under the Water Resources Planning Act for all basins in the United States. Priority should be given to areas designated under 208(a) paragraphs 2,3, and 4 as water quality problem areas, This section was intended to establish a national planning framework, different in scale and concept from state sponsored whole basin planning. This section demonstrates that Congress recognizes the importance and utility of the basin as a basic planning unit. 210 Annual Survey - The administrator shall annually make a survey to determine the efficiency of operations and maintenance of treatment works conducted under this Act. The survey of treatment plants is an important step in determining the true wasteload discharges in a given basin, which may differ from the wasteload allocations because of noncompliance. This information is critical in determining the remaining assimilative capacity. This would be a routine part of the five year basin plan updates, 214 Public Information - The Administrator shall develop and operate within one year a continuing program of public information and education on recycling and reuse of wastewater, The public education sections of the planning document and the public hearings held for each draft basin plan provide an excellent forum for public education and information concerning water quality issues, including recycling and reuse of wastewater. 302 Water Quality Related Effluent Limitations - This section provides to the administrator or delegated program the authority to develop water quatily-based effluent limitations when the technology -based effluent limits are not sufficient to maintain water quality. The section also provides the authority for using alternative effluent control strategies to restore water quality to the desired level, The alternative effluent control strategies could include such basin management tools as assimilative capacity "banking." 304(1) Impaired Waters - This subsection has several requirements including the development of lists of waters that fall into various categories of nonaftainment and which need additional pollution control (point source and nonpoint source): identification of offending point sources; and development of a control strategy for each point source in order to achieve the water quality standard as soon as possible. Whole basin planning would include a comprehensive analysis of the inputs to each basin that may cause water quality degradation. This approach allows for more objective priority setting and determination of management strategies. 305(b) Water Quality Inventory - Each state will submit biennially a report including the tollowing: A - a description of the water quality of all navigable waters; (continued) 10 Table 2. Sections of the Federal Clean Water Act that Would Be More Completely and Efficiently Implemented Through Whole Basin Management and Planning. (Continued) Section Congressional Mandate 305(b) cont. B - an analysis of the extent to which all navigable waters provide for the protection and propagation of a balanced population of shellfish, fish, and wildlife, and allow recreational activities in and on the water; C - an analysis of the extent to which elimination of pollutant discharges and desired levels of water quality have been or will be achieved and recommendations for additional action; D - an estimate of (i) the environmental impact, (ii) economic and social costs needed to achieve the objectives of the act, (iii) the economic and social benefits of such achievements, and (iv) estimated date of achievement; and E - description of the nature and extent of nonpoint sources, and recommended programs, 314(a) Clean Lakes - Each state shall submit biennially the following: A - an identification and classification according to eutrophic condition of all publicly owned lakes; B - a description of procedures, processes, and methods (including land use requirements) to control sources of pollution of such lakes; C - a description of methods to restore the quality of such lakes; D • a description of methods to mitigate harmful effects of high acidity and removing toxic materials; E - a list of publicly owned lakes for which uses are known to be impaired; and F - an assessment of the status and trends in lake water quality and the nature and extent of pollution loading from point and nonpoint sources. Sections 305(b) and 314 of the Clean Water Act both consist primarily of reporting requirements on the status of surface waters within the state. Each whole basin plan will include a comprehensive assessment of the current condition of waters in the basin, although these plans will be updated on a five-year cycle rather than biennially. Each year, however, updated reports will be available for one or rnore basins (see Section 5), 11 2. MAJOR COMPONENTS OF A WHOLE BASIN MANAGEMENT PLAN Each whole basin management plan will contain eight major sections or components: (1) an introduction, describing the purpose and format ot the plan, (2) a general basin description, (3) an assessment of the current status of water quality and biological communities in the basin, (4) an overview of existing pollutant sources, (5) a discussion of the major water quality concerns and priority issues in the basin, (6) the long-range management goals and general management strategy, (7) the recommended total maximum daily loads and management actions, and (8) implementation, enforcement, and monitoring plans. A generalized outline for a whole basin management plan is presented in Table 3. Brief descriptions of each component are provided in the subsections that follow. The primary target audience for basin plans includes policy makers, the general public, and the regulated community (e.g., local governments and industries). Thus, the document must be written in a manner and level of detail that is easily understood and appreciated by both non- technical and technical audiences. Ample use will be made of maps (using a Geographic Information System; see Section 6) and other illustrations. Detailed technical material and supporting documentation will be provided in appendices. The whole basin management plans are also intended to satisfy many of the Clean Water Act and USEPA reporting requirements (see Figure 1). The relationship between these reporting requirements and the proposed basin plan format is illustrated in Figure 2. To facilitate the use of these basin plans by USEPA personnel, a 'crosswalktable will be provided at the beginning of each plan, identifying the section(s) and page numbers of the report that apply to sections of the federal Clean Water Act, All basin management plans will conform to the same basic format and outline, to streamline plan preparation and facilitate among -basin comparisons. Specific procedures for document preparation, including formats for figures and tables, are currently under development, in conjunction with the development and refinement of procedures for data analysis and management (see Section 6). 12 Table 3. General Outline for A Basinwide Management Plan Executive Summary 1. Introduction 1.1 Purpose of Plan 1.2 Guide to the Management Plan 2, General Basin Description 2.1 Physical and Geographical Features o Map of boundaries within state o General data: surface area of drainage basin; stream miles; acres of lakes,. estuaries, and wetlands o Ecoregions and subbasins (maps and descriptions) 2.2 Land and Water Uses and Overview of Pollutant Sources o General land -use pattems, cities, population distribution, location and type of industry and agriculture (including animal and silvaculture operations) o Major uses of surface waters (classifications) o Numbers of dischargers and major categories; number of nondischarge perrnrts Current Status of Water Quality and. Biological Communities 3.1 Sources of Water Quality Data o NCDEM chemical and biological data (benthos, weeds, algal, etc.), numbers of stations and special studies (map of sites by subbasin) o NCDEM toxicity testing (map) o Facility compliance data o Data and reports from other agencies 3.2 Methods to Interpret Water Quality Data 3.2.1 Use Support Designations o Water quality standards and designated uses o Use support status definitions o Interpretation of water quality data to determine use support status 3.2.2 Statistical Summary of Water Quality Data o Description of statistical interpretation methods 3,3 Results of Subbasin Water Quality Data Analyses 3.3.1 Use Support o For each subbasin, discussion of use support status and pollutants impacting nonattainment in water -quality limited areas o Map of use support and graphics 3.3.2 Statistical Summary o Statistical summary of major parameters for appropriate stations and discussion of areas of concern d) 13 Table 3. General Outline for A Basinwide Management Plan (Continued) 4. Existing Pollutant Sources and Loads 4.1 Maor Categories and Types of Pollutants 4.1,1 Point Sources 4.2.2 Nonpoint Sources 4.2 Data Sources and Assessment Methods o NPDES data o Nonpoint Source Assessment Report o Landuseierosion analysis o Remote sensing/aerial photography o Pollutant loading analysis 4,3 Subbasin Summaries o Identity and discuss major sources of point source pollutants o Identity and discuss major sources of nonpoint source pollutants 4,4 Pollutant Loading Analysis 4.4.1 Oxygen consuming waste (BOD) 4.4.2 Nutrient budgets 4.4.3 Toxics Mayor Water Quality Concerns and Prtortty Issues 5.1 Parameters and Issues of Concern o Highly valued water resources o Sensitive or impaired biological resources o Problem pollutants 5.2 Geographic Areas in Need of Targeting (maps) 6- Long -Range Management Goals and General Management Strategy 6.1 Projected Trends in Basin Development 6.2 Long -Term Management Goals and Objectives 6.3 General Management Strategy and Approach 7, Recommended Total Maximum Daily Loads (TMDLs) and Management Actions 7.1 North Carolina's Approach to TMDLs 7.2 Oxygen Consuming Wastes 7.2.1 Assimilative Capacity o Total o Remaining 7.2.2 Control Strategies 7.2.2.1 Wasteload and Load Allocations -- Quantitative TMDLs o Point source o Nonpoint source 7,2.2.2 Narrative TMDLs o Point source o Nonpoint source (co inued) 14 Table 3. General Outline for A Basinwide Management Plan (Continued) 7.3 Nutrients 7,3.1 Assimilative Capacity o Total o Remaining 7.3.2 Control Strategies 7.3.2.1 Wasteload and Load Allocations -- Quantitative TMDLs o Point source o Nonpoint source 7.3.2,2 Narrative TMDLs o Point source o Nonpoint source 7.4 Toxics 7.4.1 Assimilative Capacity o Total o Remaining 74.2 Control Strategies 7,4.2.1 Wasteload and Load Allocations -- Quantitative TMDLs o Point source o Nonpoint source 7.4.2.2 Narrative TMDLs o Point source o Nonpoint source 7.5 Other Pollutants 7.5.1 Assimilative Capacity o Total o Remaining 7.5.2 Control Strategies 7.5.2.1 Wasteload and Load Allocations -- Quantitative TMDLs o Point source o Nonpoint source 7.5.2.2 Narrative TMOLs o Point source o Nonpoint source 8. Implementation, Enforcement, and Monitoring Plans 8.1 Implementation and Enforcement 8.1.1 Point Sources 8.1.2 Nonpoint Sources 8.2 Monitoring 8.2.1 Effluent Monitoring 8.2,1.1 Water Chemistry 8,2.1,2 Whole Effluent Toxicity Tests 8,2.2 Ambient Monitoring 8.2,2.1 Water Chemistry 8.2.2.2 Toxicity Testing 8.2,2.3 Biological Communities and Fish Tissue Body Burden 8,2.2.4 Sediment Chemistry 15 Sections of "'if aole Basin Plan Clean Water Act Sections 305b 314 9 nuon 2. Genera Basin Description urrent Status of Water Quality and iolical Communities • 4. Existing Pollutant Sources and Loads o Point Sources • Nonpoint Sources Major Water Quality Concerns and Priority Issues • • 6. Long -Range Management Goals and General Management Strategy 6.1 Projected Trends in Basin Development 6.2 Long -Term Mgmt. Goals & Objectives 6.3 General Mgmt. Strategy & Approach 7. Recommended Total Maximum Daily Loads and Management Actions 7.* Pollutant Categories 7.'.1 Assimilative Capaci ntrol Strategies 8. Implementation, Enforcement, and Monitoring Plans 8.1 lmpterrentatior'Entorcem►ent (PS NPS) 8.2 Monitori 8.2.1 Effluent Monitorin 8.2.2 Ambient Monitori Figure 2. Relationship between the sections of a whole basin management plan and the specific reporting requirements of the federal Clean Water Act. 16 2.1 INTRODUCTION The introductory section of the whole basin plan wilt provide a nontechnical description of the water quality planning process, the whole basin concept, and the purpose of the plan. The purpose of the whole basin plan is to report to citizens, policy makers, and the regulated community on the current status of surface waters in the basin, identify major water quality concerns and issues, summarize projected trends in development and water quality and the long- range water quality goals for the basin, present recommended management options, and discuss implementation plans. The plan will allow citizens and policy makers access to water quality information and management plans for any of the 17 basins of interest to them. To facilitate the use of the plan, this section also will include a guide to the document format, explaining where and how to find various types of information. 2.2 GENERAL BASIN DESCRIPTION The second section of the basin management plan will provide an overview of the general physical and geographic characteristics of the basin, including the following: o the location of the basin within the state, and the boundaries and size of the basin and important subbasins; o surface waters (lakes, reservoirs, streams, rivers, and estuaries) in the basin, their size (length, area, volume, and flow rates) and designated use classifications; o physiographic information, geology, and soil types; o land and water use patterns and population densities; o delineation of regions of ecological similarity (e.g., ecoregions, Omernik 1987), that is, areas that are relatively homogeneous as defined by similarity of climate, landform, soil, potential natural vegetation, hydrology, and other ecologically relevant variable(s); and o the numbers and major categories of dischargers and pollutant sources, in particular the relative importance of point and nonpoint sources. 17 2.3 CURRENT STATUS OF WATER QUALITY AND BIOLOGICAL COMMUNITIES The available data on water quality and biological communities will be reviewed and interpreted to assess current conditions and the status of surface waters within the basin. The section will begin with a summary of data sources (see Section 2.3.1) and the methods for data analysis (see Section 2.3.2). These subsections will be brief and nontechnical, providing general background information. Detailed technical descriptions of the data and data analysis methods will be included in appendices and other supporting documentation. The results and major conclusions from these analyses will then be presented in the final subsection, describing the current water quality status (see Section 2.3.3). 2.3.1 Sources of Water Quality Data The amounts and types of data available are likely to vary among basins and water bodies, but may include (1) NCDEM water quality monitoring data from the arnbient water quality monitoring network (chemistry and biology, e.g., surveys of benthic, algal, and fish communities); (2) ambient water quality data collected by individual dischargers as part of the NPDES permit monitoring requirements; (3) special studies on water quality and biological communities conducted by the NCDEM; (4) sediment analyses for metals, organics, sediment oxygen demand, or other parameters; (5) chemical analyses of contaminant concentrations in fish and other biota, (6) ambient toxicity tests, and (7) additional information on water quality from other agencies and researchers. Substantial data collection activities will precede the preparation of the basin plan, as described in Section 3. These survey and monitoring efforts will focus an (1) priority areas within the basin and (2) °gaps " in the data base, either specific locations with insufficient data or data needs for particular parameters or types of information. 2.3.2 Methods to Interpret Water Quality Data Two major approaches to data analysis and interpretation will be used, relying on (1) use support designations and (2) statistical data summaries. Each of the relevant use support status designations will be defined, and the interpretation of water quality data to determine use support status will be explained. Current water quality standards and biocriteria (both narrative and 18 numerical) that apply to individual waters within the basin will be discussed, as well as the rationale for any special regulations or criteria (e.g., Nutrient Sensitive Waters). The scientific and legal basis for these standards and criteria will be briefly reviewed (citing supporting documentation as needed). Statistical methods used for data analysis and summaries also will be described. For example, box and whisker plots may be used to evaluate differences between upstream and downstream stations, or for temporal comparisons at the same station. Thus, a brief explanation on the interpretation of box and whisker plots will be included. 2.3.3 Results of Subbasln Water Ouailty Data Analyses Analyses of the available data on ambient water quality, sediment chemistry, and biological communities will be conducted to provide an integrated summary of current conditions in the basin's surface waters. Important results from these analyses will be presented in a reader - friendly format, that clearly conveys key points without overwhelming the reader with excessive detail. The chemical and biological measurements at a given site will be compared with (1) established water quality standards and biocriteria and (2) expected "norms" for the site. The use of site - specific or regional reference sites, to define these expected 'norms," is particularly important for assessing the condition of biological communities. Large river basins are likely to include multiple ecoregions (or regions of ecological similarity; see Section 2.2), from headwater reaches in the North Carolina Mountain ecoregion to estuarine waters in the North Carolina Coastal ecoregion. To the degree possible, results from these analyses will be presented as summary indices employed by the NCDEM as indicators of surface water chemical and biological integrity. Whole basin management plans are a direct extension of current activities and analyses within the Water Quality Section of the NCDEM. An important benefit to be derived, however, is the integration of these various information sources into an overall, integrated assessment of conditions in the basin's surface waters. Therefore, substantial attention will be paid to comparing and contrasting data on surface water chemistry, sediment chemistry, biological communities, and 19 ambient toxicity tests. In addition, future efforts will focus on the development of improved approaches for integrating the diversity of data collected into summary indices of surface water quality. Uncertainties regarding the assessment of conditions within the basin's waters also will be recognized and discussed. Uncertainties may arise from insufficiencies in the data base, which may be resolved through additional data collection in future years, or uncertainties relating to data interpretation and regulatory constraints. The effects of these uncertainties on management decisions, such as the long-range management strategies or specific wasteioad allocations, will be noted. 2.4 EXISTING POLLUTANT SOURCES AND LOADS The locations and characteristics of existing pollutant sources (both point and nonpoint) will be described. The majority of the information will be presented via maps and summary tables, with a minimum of text. 2.4.1 Major Categories and Types of Pollutants This section will summarize relevant information regarding pollutant categories and specific types of pollutants of concern in the basin, with subsections on point and nonpoint sources. The types of environmental impacts associated with each major pollutant, general information on fate and transport, and categories of potential sources will be reviewed. 2.4.2 Data Sources and Assessment Methods Point sources are monitored directly and data on point source discharges are readily accessible through NPDES permits and compliance monitoring. By contrast, nonpoint source pollutant loadings must be estimated indirectly, based in large part on information obtained from other agencies. The amount of information available will vary among basins, depending on access to land use and other relevant data; however, in general, estimates of nonpoint source pollutant loadings may be less precise and detailed than that provided for point sources. Information 20 already compiled from other resource agencies is summarized in the •Nonpoint Source Assessment Report." The Water Quality Section also may use erosion analysis and remote sensing/aerial photography to assess land uses and associated nonpoint source pollutant loadings. Finally, the subsection will discuss methods for combining point and nonpoint loading estimates to conduct an integrated total pollutant loading analysis for each subbasin. 2.4.3 Subbasln Summaries The locations of major point sources as well as summary information on the magnitude and composition of discharge waters will be presented in one or a series of maps for the basin. The number of maps used will vary depending on the size and complexity of the basin. These maps will be keyed to summary tables that present additional summary data on discharge characteristics, including existing NPDES permit limits and a summary of the facility's compliance record (more detailed information will be provided in an appendix). Discussions in the text will focus on (1) the general types, size, and importance of point source dischargers in the basin, (2) the locations and types of major point sources, and (3) the record of compliance with existing NPDES permits, in the basin overall and for specific major point sources. For urban sources, problems and ongoing programs for handling stormwater outflows will be discussed. For each major type of nonpoint source (e.g., agricultural lands, urban areas) and source unit (i.e., specific land area) estimates will be provided on the magnitude and characteristics of pollutants input to surface waters. As for point sources, the locations of nonpoint source units will be delineated on maps coded by source type and/or magnitude, and keyed to summary tables that present specifics on the estimated types and magnitude of pollutants contributed by each source unit as well as the relative degree of certainty associated with these estimates. The text will discuss (1) the importance of nonpoint sources in the basin, (2) methods and associated uncertainties for estimating nonpoint source contributions, (3) major types of pollutants contributed and where, and (4) existing programs and ongoing efforts to help reduce or minimize nonpoint source pollutants and the success of these programs to date (in terms of, for example, extent of landowner participation in voluntary programs, rather than the impact of the program on water quality). 21 2.4.4 Pollutant Loading Analysis This section will present the results of the total pollutant load analysis, combining point and nonpoint sources, for each major pollutant for which sufficient data are available. Pollutants will be discussed by category: (1) oxygen consuming waste (e.g., biological oxygen demand, BOD), (2) nutrients, and (3) toxics. Uncertainties associated with the estimates also will be addressed. This is not a traditional ecological input/output budget analysis; no output measurements or estimates will be included in the calculation, Surface water assimilative capacities will be discussed in a later section of the whole basin plan (see Section 2.7). 2.5 MAJOR WATER QUALITY CONCERNS AND PRIORITY ISSUES Based on the information presented in Sections 2.3.3, 2.4.3, and 2.4.4, this section of the whole basin management plan will identify and prioritize the major water quality concerns in the basin, e.g., problem pollutants, sensitive or impaired biological resources, and highly valued water resources. Waters with special use designations, such as Outstanding Resource Waters (ORWs), High Quality Waters (HOWs), and Nutrient Sensitive Waters (NSWs), will be delineated and prioritized consistent with current regulatory guidelines and established implementation plans. The severity of water quality problems will be defined relative to (1) established water quality standards and biocriteria, (2) the degree of impairment of the water's designated use, and (3) the ecological significance of any adverse effects. To the degree possible, the major pollutant sources (point and nonpoint) contributing to these water quality problems will be identified. Spatial correlations between the occurrence of water quality problems and the locations of major point and nonpoint sources may often be sufficient to establish causality. In other cases, more detailed analyses (including special field studies) and/or water quality modeling may be needed to determine the relative importance of and interactions among multiple pollutant sources. In all cases, it will be important to discuss the degree of certainty with which the causes of observed water quality problems can be determined, and the influence of any uncertainties on management decisions. These problem definition analyses will be used in developing prioritized management strategies, in particular the relative importance of controls on point versus nonpoint sources of pollutants. 22 Based on these analyses and the existing special use designations, high priority geographic areas and waters will be selected for targeting. These areas and waters will be the focus of the most intense management efforts and highly ranked by the NCDEM to encourage funding for implementation of best management practices. 2.6 LONG-RANGE MANAGEMENT GOALS AND GENERAL MANAGEMENT STRATEGY The sixth major component of a whole basin management plan is the delineation of the long- range management goals and general management strategy or approach. This section provides a narrative discussion of (1) projected future growth trends and development in the basin; (2) the specific long-term water quality goals for waters within the basin (e.g,, important water uses and/or ecological features to be protected or restored); and (3) the general management approach(es) and strategies to be employed to achieve these goals. Specific applications of these management strategies, e.g., modeling analyses to estimate wasteload allocations for individual point sources and proposed management actions, are described within the next major component/section of the whole basin plan (see Section 2.7), 2.6.1 Projected Trends in Basin Development Long-range plans for economic growth and development in the basin and changes in population density will be summarized, as background information for defining the long-range goals and management strategies for water quality. Factors that may influence the magnitude and types of point and nonpoint pollution sources, and the potential impact of alternative water quality management strategies on future patterns of economic growth and development, will be discussed. 2.6.2 Long -Term Management Goals and Objectives Long-term water quality goals will be defined for each management unit within the basin. For each goal, specific technical objectives also will be presented, delineating specific targets and metrics for tracking the progress toward achieving the overall water quality goal. For example, for waters classified as Outstanding Resource Waters, one long-term goal may be to protect and 23 maintain the natural integrity of the biological communities inhabiting the waterbody. One metric of biotic integrity for small streams is the EPT (Ephemeroptera, Plecoptera, Tricoptera) taxa richness index for benthic macroinvertebrates, with values above 41 expected in natural, unimpacted small streams in, for example, the North Carolina Mountain ecoregion (Lenat 1988). Thus, for an Outstanding Resource Water in the North Carolina Mountain ecoregion, for which the long-term goal is to protect the natural biotic integrity, an appropriate associated technical objective for this water would be to maintain values for the EPT taxa richness index above 41 (based on surveys of benthic macroinvertebrates as defined in Lenat 1988). In some cases, the long-term water quality goals and objectives for a waterbody may be adequately defined by the current water use classification and associated water quality standards. Generally, however, it will be desirable to expand beyond these chemical -specific standards to (1) account for site -specific factors that may justify higher or lower criteria values to protect designated uses, (2) account for pollutant interactions, (3) encompass biological and ecological indices of surface water quality, and (4) better integrate and utilize the full suite of monitoring data collected, including ambient water chemistry, sediment chemistry, biological surveys, pollutant loadings and bioaccumulation in aquatic biota, and ambient toxicity tests. In addition, the long- term water quality goals and objectives may, on occasion, call for improved water quality conditions that exceed the requirements of the current water use classification. An underlying goa of each whole basin management plan is to promote the optimal distribution of assimilative capacity, that is, the allocation of allowable pollutant loadings among individual point sources and also categories of nonpoint sources that (1) achieves the highest possible level of water quality for the lowest possible cost and with the minimum possible disruption of long-term economic growth and development, (2) maintains water quality at or above that required to achieve the long-term water quality goals and objectives defined above, and (3) represents, to the degree possible, a fair and equitable distribution of assimilative capacity among potential users. For example, a plan may require waste treatment facilities with outdated control technologies to be upgraded first, while allowing newer facilities a longer time frame to achieve higher levels of treatment, in order to spread out the economic burden in a reasonable manner. 24 2.6,3 General Manager rent Strategy and Approach The most challenging aspect of the whole basin management plan is the development of a long- term management strategy and approach. The management strategy will provide the basis for all subsequent management decisions. Thus, it must clearly define the rationale, decision analysis framework, methods, and criteria to be used for all decisions regarding the allocation of assimilative capacity among point and nonpoint sources. Innovative approaches to be applied to encourage water quality protection also will be described, including procedures for o 'agency banking' of assimilative capacity by the NCDEM, to provide for potential future growth and development in the basin; o pollution trading among permitted dischargers, or between point and nonpoint sources, adding flexibility to the permitting system and also using the free market system as an aid to identifying the most cost effective solution to water quality protection; o industrial recruitment mapping, providing specific recommendations on the types of industry and land development best suited to the basin's Tong -term water quality goals and also an individual basin's ability to assimilate a particular type or quantity of discharge or nonpoint source pollutants; and o consolidation of wastewater discharges, which may result from economic considerations and be easier to coordinate with permits in similar geographic areas being issued at similar times. Input from local authorities, regulated industries, landowners, and other interested parties will be actively sought during development of these basinwide strategies (see Section 3), By accommodating, to the degree possible, local needs and preferences, the probability of the plan's long-term success can be increased, 2.7 RECOMMENDED TOTAL MAXIMUM DAILY LOADS AND MANAGEMENT ACTIONS This component of the whole basin plan presents the results from applying the management strategy and procedures (described in the preceding section of the plan) to determine the optimal distribution of assimilative capacity given current conditions, information, and constraints, and specific recommended management actions. These results provide the technical basis for the issuance/renewal of NPDES permits and for decisions regarding nonpoint source control or 25 reduction programs. For each managemerit unit, this will involve the following: estimating the Total Maximum Daily Load (total assimilative capacity), in cases where a numerical criterion can be established; 2. determining the remaining assimilative capacity (if any) given current point and nonpoint source pollutant loadings, or whether the water's assimilative capacity has been exhausted or exceeded; recommending wasteload allocations, specialized treatment requirement, or min mum technology requirements for individual point sources and load allocations or best management practice approaches for nonpoint sources that will achieve the goals and objectives of the whole basin management strategy; and 4. developing a narrative management action plan that describes the specific actions that will be taken to restore degraded surface waters and to protect other waters. Organization of the section within the whole basin plan will be by major pollutant category (e.g., oxygen consuming wastes, nutrients, toxics), with subsections on assimilative capacity (total and remaining) and control strategies, including quantitative total maximum daily loads (TMDLs) and calculated wasteload and load allocations, where possible, as well as narrative actions plans (see Table 3). Estimates of total maximum daily loads (TMDLs), the remaining assimilative capacity, wasteload allocations (WLAs), and load allocations (LAs) will rely primarily on water quality modeling. However, in developing and applying these models, the following must be addressed: o Modeling analyses must be fully integrated and consistent with all other components of the NCDEM Water Quality Program; the available chemical and biological monitoring data will be extensively used for model calibration and verification. o Models, and decisions regarding TMDLs, WLAs, and LAs, must account for interactions among pollutants and pollutant sources (both point and nonpoint). Background ambient data will be considered in defining downstream limits to promote longitudinal integration in assessing and assigning assimilative capacity. o Safety factors must be applied in calculating TMDLs, WLAs, and LAs to account for modeling uncertainties. The influence of uncertainties on management decisions will be explicitly discussed. o Discussions of modeling results for point sources must address the discrepancies between the predicted and observed assimilative capacity (10-year, 7-day (70101 low flow versus 26 average flow), the magnitude of the difference between the 7Q10 and average flows, and therefore the magnitude of the "safety factor." o Nonpoint source contributions occur primarily during stormflow. Thus, modeling analyses based on low (7010) flows are inappropriate. Given the differences in modeling approaches for point sources (focusing on low flows) and nonpoint sources (focusing on high flows), methods must be developed for integrating analyses of point and nonpoint pollutant sources, and combining WLAs and LAs, to avoid overallocation of the basin's assimilative capacity in management plans. o Calculations of the remaining assimilative capacity must also account for problems in compliance with existing permits. Safety factors built into calculations of TMOLs, WLAs, and LAs will consider anticipated compliance problems. Portions of the whole basin management plan may require changes or additions to existing water quality statutes, rules, regulations, or standards, in particular for nonpoint source management and controls. These needed rule/regulation revisions will be clearly identified. As discussed in Section 3, efforts to obtain these revisions will be initiated early on in the process of developing the whole basin management plan. 2.8 IMPLEMENTATION, ENFORCEMENT, AND MONITORING PLANS The final component of the whole basin management plan will outline plans for prograrn implementation and enforcement as well as ambient and effluent monitoring. Implementation and enforcement activities will be described separately for point and nonpoint sources. For point sources, specific procedures, and the associated rationale, will be defined for assessing compliance with and for enforcement of NPDES permit limits. The influence of measurement and test variability will be discussed as it relates to the criteria used to identify dischargers that are out of compliance or in violation of established NPDES permit limits. Specific programs for implementing nonpoint source management and controls also will be described, including procedures for issuing nondischarge and stormwater permits. Monitoring of the chemical and biological status of receiving waters provides important feedback on the success of the basin management strategy. As discussed in Section 2.3.1, the monitoring data collected will include information on (1) ambient water chemistry, (2) sediment chemistry, (3) biological communities, (4) contaminant concentrations in fish and other biota, and (5) ambient 27 Iced dty. e eters measured will relate directly to the to -e water qualitygoals and obje ves defin" (thin the b inwide management strategy (see Section The whole basin plan, u' ®ated at five year intervals (see Section 5), will provide the opportunity. to integrate these to re ethe condition of waters within the basin and, thus, the pr•'•re..°s success. onitoring data are collect =w•'both by the NCDEM Water Quality Section (and cooperatin f ersl agencies and researchers) by individual point source dischargers, Thus, the whole• sin plan Is ill discuss the •es of .. bent and effluent monitoring r-uirements to be imposed as part of NPDES including a justification and rationale for these monitoring urerents. 28 3. PROCEDURES FOR DEVELOPING WHOLE BASIN PLANS Two major tasks must be completed as part of the transition to a whole basin approach to water quality management: 1. Prepare a detailed procedures manual, outlining the steps, tasks, analyses, and time tables involved in developing a whole basin management plan and specifying data, table, and figure formats to be used in the plan* 2. Describe the rationale for and procedures involved in any new management approaches to be applied as part of basinwide management strategies (e.g., agency banking of assimilative capacity, pollution trading, and industrial recruitment mapping). The first of these documents will be used internally, to facilitate the preparation of each individual whole basin management plan. The second is intended for wider distribution and review, to stimulate early discussion and comments on novel approaches to water quality protection, in order to (1) encourage input and ideas from policy makers, Vocal governments, regulated industries, and the general public and also (2) initiate necessary changes or additions to existing rules and regulations. These two documents will jointly describe NCDEM's methods and approach to whole basin planning. The individual basin management plans then focus on the specific decisions and solutions proposed for each of the states 17 major river basins. The major steps and information transfers involved in developing a given whole basin management plan are illustrated in Figure 3. Each of these steps is briefly described below* Dischargers, local governments, landowners, and others that may be impacted by the results of the whole basin planning process will be kept well informed throughout (e.g., information transfers at Steps 1, 4, 7, and 12). Step 1: Compile all existing relevant information on basin characteristics and water quality. In addition to prior analyses and data available within the Water Quality Section, other state agencies, local and federal agencies, and researchers will be canvassed for relevant background information on economic growth and development in the basin, land use, soils, geology, water needs, uses, and problems, etc. St 2: Define the water quality goals and objectives for waterbodies within the basin, that 29 Other Agencies And Dischargers Other Agencies And EMC Canvas fa,t Infnrmatian Define Management Goals dentify Problems and Cr't cal Issues Prloritie P'rlb#erns and Critical Issues agement Approach eviev/Puy Hearings 13 Adoption of Final Plan by EMC 4 fm element A Conlin en t rrn available resources d Basin Plan 7 Collect Other Agencies And Dischargers 8 Analyze Figure 3. Major steps and information transfers involved in the development of a whole basin management plan. 30 reflect both the existing water use classifications and projected future trends and long-term goals and objectives for water quality in the basin. These goals and objectives are subject to revision as additional data are gathered and analyzed, as illustrated in Figure 3. Step 3: Identify the critical issues and current water quality problems within the basin and major factors (point and nonpoint sources) that contribute or cause these problems or concerns. Step 4: In consultation with other government agencies and appropriate outside organizations and groups, prioritize the basin's water quality concerns and critical Issues (e.g., water supply protection). Any management constraints (e.g., limitations on nonpoint source control options) also will be noted. Step 5: Define the subbasln management units, considering basin hydrology, physiographic (ecoregion) boundaries, problem areas, and critical issues. Different sets of management units may be appropriate for different water quality parameters. Many of these management units may reflect existing use classifications and regulations, such as Nutrient Sensitive Waters, Outstanding Resource Waters, and High Quality Waters; others may be organized according to critical issues or water quality problems (e.g, urban areas, water supply areas, or specific water quality problem areas). Step 6: Evaluate additional data needs, Additional data and information, over and above that already available, often may be needed to assess current conditions in the river basin and to formulate the optimal water quality management strategy. The following questions will be addressed: • What are the major uncertainties that exist given the current information base, and how will these uncertainties influence the effectiveness of management decisions and the basin management plan? o What resources are available for collecting additional data? What types of additional information are easily available (e.g., by taking advantage of existing maps and data bases, or input from local or regional experts); what level of effort and resources would be required to collect other types of data? o How will the data be used once it's collected; how, when, and where should the data be 31 collected to fulfill these data needs? How will uncertainties be addressed if additional data cannot be collected; are there standard operating procedures that can be invoked in the absence of site -specific data? Based on the above, what are the priority data needs? Step 7: Collect the additional data, as appropriate based on the assessment of data needs in Step 6. It is likely that phased data collections will be implemented, with each update of the basin plan (updated at five year intervals) building on the data gathered during the preceding planning period (see Step 15). Several different types of data may be obtained, requiring differing amounts of time and resources to collect (see Section 5): 7A. physical data (e.g., hydrological flow rates), 7B. ambient chemistry data (both routine ambient monitoring and special s udies), 7C, biological surveys and monitoring, 7D. sediment chemistry and oxygen demand, and 7E. data needs from outside the Water Quality Section, e.g., land use information from the Center for Geographic Information and Analysis (CGIA). Data will be collected by the staff of the Water Quality Section and by individual dischargers, as required by NPDES permits. Requests for any additional monitoring data from NPDES dischargers will be accompanied by a summary of the ongoing basin planning process and a justification for the data request. Step 8: Analyze, Integrate, and interpret the data collected. Results from the additional survey and monitoring efforts (collected in Step 7), in conjunction with the existing data base compiled in Step 1, will be used to (1) assess the current chemical and biological conditions in the basin (see Section 2.3.3) and (2) estimate TMDI-s, WLAs, LAs, and the remaining assimilative capacity by applying water quality models (see Section 2.7). Based on the results from these analyses and data interpretation, steps 2 through 5 will be revisited, to reevaluate the water quality goals and objectives for the basin, the priority water quality concerns and critical issues, and the subbasin management units. 32 Step 9: Determine and evaluate the management opUons for each management unit in the basin. As part of this process, first drafts of sections 1-5 of the whole basin management plan (see Table 3) will be prepared. In addition, preliminary drafts of Sections 6 and 7 (on the long- range management goals, strategy, and proposed management actions and total maximum daily loads) will be written outlining the full range of reasonable management options along with their pros and cons. Step 10: Based on the analysis of management options prepared in Step 9, select the final management approach for the basin and subbasins. Final decisions regarding management approaches and specific management actions will be made by the Chief of the Water Quaky Section in consultation with the NCDEM Director and Environmental Management Commission. Step 11: Complete the draft whole basin management plan, in preparation for external review and comment. Additional modeling analyses may be required to finalize the WLAs and LAs; final drafts of all sections of the whole basin plan will be written, edited, and produced. Stec) 12: Distribute the draft plan to appropriate agencies, the Environmental Management Commission, and the general public for review and comment. One or more public hearings will be held as part of the review process. Step 13: Revise the plan as needed in response to comments and in a form that is acceptable to the Environmental Management Commission. Obtain formal approval of the final plan from the Environmental Management Commission. Step 14: implement the management approaches, including the point and nonpoint source control strategies defined in the plan. Step 15: Monitor the program's success and update the plan every five years, incorporating the new information and monitoring data collected during the intervening period (feedback loop through Step 6 as well as Steps 1-5), to reassess the long-term management goals and strategy, provide an updated assessment of conditions in the basin, and allow for more sophisticated water quality modeling or additional model calibration and verification. 33 4. RESPONSIBILITIES WITHIN THE WATER QUALITY SECTION The North Carolina Department of Environment, Health, and Natural Resources (DEHNR) is an umbrella agency responsible for most issues related to the environment. issues of environmental quality generally are the concern of the Division of Environmental Management (NCDEM) within the DEHNR, and water quality issues are the responsibility of the Water Quality Section within the NCDEM. The Water Quality Section is composed of four branches and seven regional offices (Figure 4). The branches are further subdivided into units, and the most basic specialized component is the group. Each branch, unit, and group has discrete functional responsibilities within the water quality program. The regional offices are responsible for implementing policies and enforcing permits. In addition, the regional offices interact with all of the branches, as well as individual dischargers and the nonpoint source management authorities, to resolve permit issues and provide information on local conditions and constraints. The structure of the Water Quality Section and the responsibilities of the individual branches will remain largely unchanged for whole basin planning. There will, however, be increased emphasis on the coordination of activities and the integration of information among the branches and regional offices. This section briefly describes (1) the existing structure and roles of the Water Quality Section branches and regional offices and (2) the proposed responsibilities of each branch and the regional offices for developing and implementing whole basin management plans. 4.1 EXISTING STRUCTURE The current responsibilities of each branch of the Water Quality Section and the regional offices are identified below. These lists are intended to be general in nature; specific programmatic tasks [e.g., compile Me 305(b) report] are not included. Operations Branch o Prepare and issue NPDES and nondischarge permits. o Review design and authorize construction of treatment facilities. o Monitor NPDES permit compliance and coordinate enforcement activities. 34 ;EM IN3CION aui i© aJnIona 0 i17 ID OPERATIONS BRANCH TACILITY ASSESSMENT UNIT Pt IANUE ROUP OPERATOR TRAINING 8 GERT GROUP PERMITS b ENGINEERING UNIT S GROUP ATE GEifiU WATER QUALITY SECTION Chief's Office TECHNICAL SUPPORT BRANCH INSTREAM ASSESSMENT UNIT CONK EX ISSUES GROUP ENVIRONMENTAL. SCIENCES BRANCH ECOSYSTEMS ANALYSIS UNIT IOEOG6GAl sSESS N GROUP TINSNE tEY GROU NAPU) ASSFS MENI GROUP AQUATIC TOXICOLOGY UNIT A G N TOOCE IY VAL.6)ATION GROUP ATIUIENT UNIT PLANNING BRANCH CLASSIFICATION A STOS GROUP SIOIIMWAIER GROUP PROGRAM PLANNING UNIT AflON NING GREWLIP ASHEVILLE REGIONAL OFFICE FAYETTEVILLE REGIONAL OFFICE MOOREVILLE REGIONAL OFFICE RALEIGH REGIONAL OFFICE WASHINGTON REGIONAL OFFICE WIL REGI0 GTON OFFICE WINSTON-SALEM REGIONAL OFFICE o Coordinate operator training and certification. o Handle emergency response activities. Regional Offices ✓ Conduct compliance inspections to determine facility efficiency and compliance status. ✓ Initiate enforcement actions for permit and/or water quality violations. o Assist permitees with permit application and implementation, and confer with central vffic throughout the perrnitting process. o Monitor construction progress to establish compliance with approved design plans and construction schedules. o Collect and provide information on local conditions, including identification of unpermitted pollution sources and collection of ambient chemical data. o Provide technical assistance to applicants and permitees, ✓ Respond to citizen complaints and conduct water quality investigations. o Review and comment on 401 Certification Requests. o Review and approve plans for stormwater controls. Envlronmental Sciences Branch o Develop, revise, and ensure the operation of environmental monitoring networks (chemical biological; water, sediment, and fish tissue). a Design and implement special site specific studies (e.g., evaluating nonpoint source pollutant impacts, time of travel, sediment oxygen demand, and the effectiveness of best management practices). o Conduct toxicity evaluations and analyses (whole effluent and chemical -specific). o Analyze chemical and biological data to assess current conditions, and identify potential problems, in North Carolina's surface waters. o Operate the biological laboratory certification and quality assurance programs. v Provide technical assistance to permit applicants, permittees, and various state and federal agencies. 36 Technical SupportSupoortBranch o Develop, apply, and interpret the results from descriptive and predictive water quality models for streams, rivers, lakes, and estuaries, to develop and assess water quality management strategies. o Determine wasteload allocations and sciaI conditions for NPDES permits. o Oversee publicly owned treatment works (POTW) pretreatrnent program development and implementation. o Provide technical assistance, including modeling, impact assessments, headwaters evaluations, as needed, to municipalities, other agencies (e.g., the Construction Grants Office, Division of Water Resources, Division of Planning and Assessment), and to the other branches and regional staff within the section. Piannlna Branch o Develop water quality classifications and standards, and coordinate rules review proceedings. o Manage programs for nonpoint sources (Section 319 of the Clean Water Act). Conduct general water quality program planning (e.g., regulatory, administrative). o Conduct special projects, as appropriate, including the development of basin plans and technology reviews. o Coordinate development of new regulatory programs (e.g., stormwater, wetlands) o Coordinate Environmental Assessment/Environmental Impact Statement (EA/EIS) reviews and 401 evaluations and approvals/disapprovals. 4.2 RESPONSIBILITIES FOR WHOLE BASIN PLANNING Although the basic structure and major responsibilities within the Water Quality Section will remain unchanged, Implementation of a whole basin approach to water quality management will require some modification of and additions to the tasks outlined above for each branch and the regional offices. The goal of whole basin planning is to increase the scope of management activities from a stream reach to the entire basin. Accomplishing this goal will require more complex water quality modeling, data interpretation, and data base management within the NCDEM Water 37 Quality Program. For example, more sophisticated methods of quantitatively estimating nonpoint source pollutant loads will need to be developed and applied. in addition, these quantitative estimates of nonpoint source loads will have to be integrated with information on point sources to determine the total loading to the system. Biomonitoring data will play a more prominent role in determining the assimilative capacity of a basin, which may necessitate increased use of biological effects models. Panning for future growth and incorporating "agency banking" into the Water Quality Section's management objectives will require model projections of various potential future scenarios to properly allocate the remaining assimilative capacity and fairly distribute control requirements. Finally, to link the water quality data and model projections for the multiple stream reaches within a basin, and to overlay other relevant types of information, such as land use, will require the involvement of the Center for Geographic information Analysis (CGIA). These and other activities associated with whole basin planning will require increased information exchange and the coordination of activities across agency staff (including CGIA). As a result, current plans call for the creation of one or more whole basin planning coordinator positions. The coordinator for a given whole basin management plan will be responsible for (1) arranging meetings among basin team members, (2) communicating data and information needs, as well as scheduling constraints, to the Branch Heads and Regional Offices, (3) tracking the progress of data acquisition and tasks required to complete the whole basin plan, (4) encouraging and assisting with the integration of data and results across branches, and (5) keeping the Chief of the Water Quality Section apprised of progress, major results, and potential problems. The Branch Heads and Regional Offices will be responsible for scheduling and coordinating activities within their individual branchesioffices, and for decisions regarding the best technical approach for completing the required tasks to achieve the objectives of whole basin planning. The lists that follow highlight significant new responsibilities or existing responsibilities that will take on increased importance for each branch of the Water Quality Section; these lists are not intended to be an exhaustive description of the activities planned or proposed. Operatlons Branch and Regional Offices The increased scope of planning activities under whole basin management will likely lead to 38 increased public interest and participation in the planning process. The Operations Branch and Regional Offices will be responsible for facilitating communication between the public and the other branches of the Water Quality Section. other important tasks and responsibilities include the following: o inventory the efficiency of treatment works to assess compliance with NPDES limits, in order to quantify actual wasteloads for all point sources, which in turn will be used (by the Technical Support Branch) to estimate the remaining assimilative capacity. o Through the regional offices, notify dischargers of the ongoing planning process and any changes in permit schedules, and request any additional data required for basin planning. o Oversee the permit application and approval process (e.g., Effluent Guidance Limits, Authorizations to Construct, public hearings). ✓ Incorporate any new or alternative control strategies required by the whole basin management plan into permits. o Conduct Treatment Technology Assessments, Environmental Sciences Branch The environmental assessment activities conducted by the Environmental Sciences Branch are being restructured to meet the demands of whole basin management. Certain efforts and resources will be focused, one (or a few) basin(s) at a time, while many aspects of the program will require continued efforts on a statewide basis. The specific tasks and responsibilities of the Environmental Sciences Branch include the following: ✓ Design and implement biological monitoring surveys that will provide a comprehensive biological assessment of water quality in the basin. o Design and implement special biological studies to provide information on areas of special concern such as problem areas or areas of exceptional water quality, or to fill in data gaps. o Monitor and assess phytoplankton communities and chlorophyll values in relation to nutrient concentrations in the basin, to assess water quality and the need for special designations, such as Nutrient Sensitive Waters. o Synthesize all biological data into a basin report that will provide a complete evaluation of biological communities and, whenever possible, aid in identifying major water quality problems and provide guidance on management strategies. 39 Perform special physical/chemical studies as needed to fill in data gaps, including basinwide hydraulic work (i.e., time to travel studies for each basin's rnainstem water body as well as major tributaries), special studies for impaired lakes (e.g., Lake Wylie and High Rock Lake), analyses of sediment oxygen demand (SOD), and long-term biological oxygen demand (BOD) analyses of samples taken from selected ambient sites throughout each basin. o Continue to develop monitoring programs, data interpretation techniques, and reporting approaches to better address the demands of the whole basin planning approach. Technical Branch The Technical Support Branch will be responsible for predicting the response of instream water quality to basinwide management strategies, through modeling, where appropriate. In turn, this information will be used to determine wasteload allocations for NPDES permits that are consistent with the overall Total Maximum Daily Load strategy. This will require integrating the data obtained from other branches and the regions into modeling frameworks that help define assimilative capacity, and also developing distribution plans that promote consistency and equitability, and avoid overallocation. Many of the existing methods and models will have to be modified, and new methods developed to accommodate the expanded scope of the branch's responsibilities. Specific tasks include the following: o Develop a data aggregation and integration plan to incorporate appropriate sources of information into assessment and modeling frameworks, including establishing a linkage with the CGIA to incorporate appropriate Geographic Information System (GIS) information into modeling analyses (e.g, land use, point source locations, sampling station locations, U.S. Geological Survey gauging stations). o Identify pollutants of concern that will be included in wasteload allocation analyses. o Develop modeling frameworks, where required, to predict water quality or assist in allocation determinations for identified pollutants in specific management units (including whole basin models and analyses as appropriate). o Merge nonpoint loading information with point source data to determine the current total pollutant loading. o Evaluate assimilative capacity and determine the existing overallocation (if any) for each basin. 40 o Evaluate interactions among dischargers for the identified poilutants of concern. o Model various management scenarios, including those utilizing capacity banking scenarios for future use. o Establish wasteload allocations consistent with the overall Total Maximum Daily Load strategies for the basin and subbasins. Plannina Branch Currently the Planning Branch is involved in many different issues that relate to whole basin planning (e.g., stream classifications and associated management strategies, standards, nonpoint sources, wetlands, EA/EIS review, stormwater control coordination, watershed management plan development). Because this branch is involved in many of these issues at the program development level, it also will assume the lead role in coordinating the development and implementation of each whole basin management plan. Each branch, however, will be involved in developing the managementstrategies and evaluating their impact. Specific responsibilities of the Planning Branch include the following: o Coordinate the development, approval, and implementation of the whole basin plans. o Update nonpoint source loading coefficients for various land use activities and further explore techniques for analyzing basinwide loads for pollutants of interest. o Assist in the determination of appropriate nonpoint source Load Allocations. o Develop control strategies for nonpoint source problem areas in each basin. o Manage the stormwater program. o Direct the wetland implementation program to meet priority concerns within subbasins. o Work with the CGIA to develop effective ways to present planning information for technical and public review. o Coordinate regulatory and congressional initiatives to incorporate changes, where necessary, to achieve water quality management objectives. 41 5. IMPLEMENTATION SCHEDULE Because of time and resource constraints, the implementation of whole basin planning and management is likely to occur in phases. For the purposes of discussion, Figure 5 outlines a four -phase conceptual model of program implementation, with near -term (less complex) objectives and long-term objectives requiring additional methods development and policy initiatives. Initially, efforts will focus on the rescheduling and reorganization of permitting and associated routine support activities (field sampling, modeling, wasteload allocation calculations, etc.) by basin, to allow for more efficient use of staff resources (Phase I). As time and resources allow, new assessment and management tools (e.g., basinwide water quality modeling) will be developed and applied, with advances occurring in some areas (such as for point source discharges of conventional pollutants) at a faster rate than for others (e.g., management approaches for reducing nonpoint source contributions) (Phase II). Eventually, sufficient data and information will be available to both assess the optimal distribution of assimilative capacity (including trade-offs between point and nonpoint sources) (Phase III) and support the development of comprehensive, long-term basinwide management strategies (Phase IV). The earliest basin plans prepared in the early-1990s are unlikely, therefore, to achieve all of the long-term objectives for whole basin management defined in Section 1.1. Subsequent updates of these plans, scheduled for every 5 years, will include additional data, analyses, and detailed management strategies as they become available. The time required to develop fully integrated, comprehensive basin management plans, including long-range strategies, will vary arnong basins, depending on (1) the existing amount of background information and analyses for the basin, (2) the complexity of the basin processes and water quality problems, and (3) the relative importance of point and nonpoint sources in the basin. Analyses of nonpoint sources are hindered by the scarcity of information on specific sources, rates, and types of pollutants; in addition, the tools for characterizing nonpoint source problems and assessing alternative solutions are not as fully developed as for point sources. The development of management policies for nonpoint source control also requires the involvement of many more agencies than for point sources. Therefore, greater effort and longer times may be required to implement comprehensive basinwide management plans for basins that (1) have less existing information, (2) are more complex, and (3) where nonpoint pollutant sources are relatively more important. 42 Phase I Phase II Phase III Phase IV li- Coordinate permitting and monitoring schedules by basin, far more efficient use of staff resources Expand and mprove wastelaad allocation analyses and evaluation of nonpoint sources (NPS) • Determine remaining assimilative capacity • Avoid overallocation of assimilative capacity • Account for pollutant and discharger interactions • Account for NPS contributions, identify target areas for control, and implement Best Professional Judgment management strategies Optimize distribution of assimilative capacity • Evaluate trade-offs among sources, including point sources and NPS • Implement INIOLs Develop and implement basin -wide management strate- gies and long-range planning • Improve consistency in management decision • Implement innovative management strategies, such as • capacity banking • industrial recruitment road -mapping • Promote public review and participation in long-range planning and development of statewide management strategies Near Term Objectives Long Term Objectives Figure 5 Four phase conceptual model of implementation of the whole basin approach to water quality management, indicating near -term and long-term program objectives. 43 Permithng activities within North Carolina have already been rescheduled by basin; all NPDES permit renewals within a given basin will now occur simultaneously, and be repeated at five year intervals (Table 4). Permit renewals in the Neuse River basin, for example, have been scheduled for April 1993. Thus, the whole basin management plan for the Neuse River basin must be available (and approved) at a sufficient time preceding this date to serve as the basis for the permit renewal process and decisions. The NPDES permit renewal schedule, therefore, drives the schedule for developing and reviewing the whole basin management plans. As an example of the length of time required to complete a whole basin management plan, a tentative schedule was developed at the NCDEM Water Quality Section workshop for the first Tar - Pamlico basin plan, with NPDES permit renewals in the basin scheduled for January 1995. Working backwards from that date, the estimated time needed to complete each of the 14 steps defined in Section 3 (Figure 3) is summarized in Table 5 and presented graphically in Figure 6. Some steps and tasks may overlap. For example, it is assumed that the permitting process (Step 14) can be initiated before the plan has fully completed the review, revision, and approval process (Steps 12 and 13). Likewise some aspects of data analysis and interpretation (Step 8) can begin before all data collection activities are completed in the field (Step 7) (see Figure 6). Schedules similar to the one presented in Table 5 for the Tar -Pamlico basin will be prepared for the 16 other major river basins in North Carolina. These will be circulated as supplements to this document at a later date. The time required for each step will vary somewhat among basins. For example, basins for which relatively little data exist may require special studies (e.g., time of travel hydraulic studies), which can be delayed if the proper conditions do not exist because of weather patterns, thus requiring a longer period of time for Step 7. Complex basins for which sophisticated and/or extensive water quality modeling must be conducted (e.g., the Catawba and Cape Fear basins) will require more time at Step 8, compared to other basins where the modeling activities may be more straightforward or where extensive modeling analyses already exist. For some basins, the information required to estimate nonpoint source loadings is not readily available, and may require additional time and effort to compile (e.g., at Stages 3 and 7). Other basins, on the other hand, already have extensive data and analyses available on nonpoint sources (e.g., nutrient budgets for the Albemarle -Pamlico basin). Finally, the overall schedule for 44 Table 4. NPDES Permitting Schedule for the 17 Major River Basins in North Carolina, Permit Renewal Date Basin April 1993 Novem r 1994 January 1995 April 1995 August 1995 Neuse Lumber Tar Pamlico Catawba French Broad November 1995 New January 1996 Cape Fear January 1997 Roanoke June 1997 White Oak August 1997 Savannah September 1997 Watauga Octo r 1997 Little Tennessee December 1997 January 1998 Chowan-Pasquotank di 1998 Neuse July 1998 Yadkin Broad Lumber Nave ii,zr 1998 November 1999 Hivvassee 45 Table 5. Estimated Time Frame and Schedule for Preparing the First Whole Basin Management Plan for the Tar -Pamlico Basin. Step Task Duration (mo) Start Date Completion Date 14 Issue permits 7 12,13 Plan review and approval 12 11 Complete draft plan 3 10 Select management option 1 9 Evaluate management options 2-3 8B Modeling analyses 12 8A Current status assessment 6-7 7E Obtain data from outside section 16 7D Collect sediment chemistry data 24 7C Collect biology data 4* 7B Collect water chemistry data 16** 7A Collect physical data 28*** 6 Determine data needs 35.••• 5 Define management units 4 Prioritize problems and issues 3 Identify problems and issues 2 Establish goals and objectives 4.•.., 1 Compile existing information 6/94 1/94 10/93 9/93 6/93 6/92 6/92 2/91 6/90 6/92 6/91 6/90 6/88 1/91 1/91 1/91 1/91 1/91 1/95 1/95 1/94 10/93 9/93 6/93 1/93 6/92 6/92 10/92 10/92 10/92 5/91 5/91 5/91 5/91 5/91 5/91 Data can only be collected during summer period; one summer scheduled for collection of biological data for Tar-Parnlico basin. Data can only be collected during summer; two summers scheduled for water chemistry data. Data can only be collected during summer; as much time as possible must be allotted for collecting physical data because sampling during low flow periods is critical and, because of climatological variations, low flow periods may or may not occur during any given summer period, The schedule for these steps may not be representative of the time required for other basins, because of the compressed schedule required to complete the first Tar -Pamlico basin plan by January 1995. Assessments of existing data and data needs for the basin were conducted in the summer of 1988, to establish schedules for future chemistry and biology field sampling, but this planning was not done specifically within the context of whole basin planning. 46 ay1 6uido,anap uewebEuuw uwseq ajoLM o `a Compile existing rro information 2 Establish goals and objectives 4 Identity problems and issues 4 Prioritize problems and issues 5 Define management units 6 Determine data needs 7A Collect physical data 78 Collect water chemistry data 7C Collect biology data 7[) Collect sediment chemistry data 7E Obtain data Irom outside section 8A Current status assessment 88 Modeling analyses 8 Evaluate manage- ment options 10 Select management option 11 Complete draft plan 12, 13 Plan review and approval 14 Issue permits 1991 1992 1994 some ofh earlier basin plans (scheduled for completion in t99 4 or 1995) must be compress: • simply because of the insufficient ead time. Further refinement of these basin schl s 4i1 ur over the next year. 48 6. DATA MANAGEMENT The data management needs for whole basin management are acute and central to the success of the program. Staff members from all branches of the Water Quality Section spend a great deal of time moving, sorting, and analyzing data from a variety of sources and in a number of different formats. This diversity of data types and formats presents the Water Quality Section staff with several time consuming problems that could be solved by using a more sophisticated data management system. Thus, as part of the implementation of whole basin planning, the Water Quality Section has proposed (1) the development of standardized formats for data storage as well as for tables and figures to be used in the whole basin management plan, (2) the initiation of centralized data base management, and (3) more direct interactions and a closer working relationship with the Center for Geographic Information Analysis (CGIA) to take advantage of their Geographic Information System (GIS) capabilities. A centralized data management system is needed that can retrieve and transmit data to several remote data bases including, but not limited to the following: o EPA stream reach files and the NCDEM dassifcation system, o the NPDES Permit and Wasteload Allocation Information data base, o discharger compliance information, o nondischarger files, o the whole effluent toxicity (WET) data base, o NCDEM biomonitoring and tissue data bases, o computerized data bases on land use, etc. from other agencies, o the CGIA data base, o USEPA Storet files, o the U.S. Geological Survey stream monitoring data base, and o university research files. Thus, the Water Quality Section data management system must be flexible, and designed to handle a wide variety of input and output formats. In particular, the ability to display, overlay, and analyze monitoring data on spatial scales using the GIS at CGIA is a critical aspect and a primary 49 benefit of whole basin planning. The system must also be able to interact with desktop computers and workstations, because a significant portion of the data analyses in the Water Quality Section are currently conducted and will continue to be conducted on these machines. The proposed data management system also will be used to implement computerized tracking for coordinating and recording decisions made during the whole basin planning process. By tracking the results and decisions made at each phase, both the process of plan development as well as plan updates in subsequent years will be more efficient. The acquisition of a more powerful data management system and improved, standardized procedures for data handling and analysis will increase staff efficiency, allowing the staff more time to concentrate on developing new data analysis techniques and on the data interpretation required to achieve the long-term objectives of whole basin planning. At present, however, the existing support within the Water Quality Section is inadequate to implement the proposed expansion and improvements in data management outlined above. Additional funds and support are needed to (1) purchase new equipment, in particular a mini -mainframe computer (estimated cost approximately $250,000), (2) develop a data management system tailored to the needs of the Water Quality Section (estimated costs $60,000 for task flow analysis and $80,000 for software development), and (3) train Water Quality Section staff. This additional support required to implement centralized data management represents a critical outside resource need (see Section 7). 50 7. REMAINING ISSUES AND OUTSIDE RESOURCE/RESEARCH NEEDS Whole basin planning is expected to be both more efficient and more effective, resulting in better management of North Carolina's water quality for a given level of funding and resource allocation (Section 1.2), However, in the short term, additional outside resources and research are needed to facilitate the transition to whole basin management. In addition, several remaining administrative and technical issues must be resolved regarding program management and implementation. These remaining issues and outside resource/research needs are summarized below. 7.1 REMAINING ADMINISTRATIVE AND REGULATORY ISSUES o Coordination: The Division must create a new staff position(s) to be responsible for coordinating the development of whole basin management plans (see Section 4.2). o Innovative Management Approaches: As part of whole basin management, several new and innovative management strategies and approaches have been proposed, including assimilative capacity "agency banking° by the Water Quality Section, pollution trading, and industrial recruitment mapping. As noted in Section 3, a written description and rationale for these approaches is needed, early on in the process, to encourage review and comment and to initiate any changes or additions needed to the existing rules and regulations. o Standardized Format for Basin Plans: To facilitate the development of whole basin management plans and also inter -basin comparisons, a standardized format must be developed specifying data, table, and figure formats to be used in each plan. A detailed procedures manual is needed outlining the steps, tasks, and analyses involved in developing a whole basin management plan (see Section 3). o Centralized Data Management: As noted in Section 6, additional outside funding is needed to implement centralized data management within the Water Quality Section (estimated total funding request $390,000). o Additional Staff: To fully achieve the objectives of whole basin management, additional staff or staff reassignment may be required within the Water Quality Section. o Criteria for Prioritizing Problems and Critical Issues: The Water Quality Section staff must develop objective and consistent criteria for identifying priority problems and critical water quality issues to be addressed in the management plans for each basin. These criteria must recognize the limitations on what the state can and cannot regulate as well as fiscal constraints. 51 ▪ Criteria for Distributing Assimilative Capacity: Objective criteria must be developed to guide the equitable distribution of assimilative capacity and control requirements, in order for the Water Quality Section to fairly achieve the long-range goals and planning objectives of whole basin management. o Specific AdmInistrative/Regulatory Needs: Two specific needs were identified: (1) a definition for High Quality Water (HQW) lakes and (2) approval to limit the maximum concentration of toxic substances to the no -acute level (i.e., the Criteria Maximum Concentration or 1/2 the Final Acute Value) in the effluent. 7.2 TECHNICAL RESOURCE AND RESEARCH NEEDS o Total Maximum Daily Loads (TMDLs): The TMDL concept needs to be defined more completely and precisely. The definition should include atmospheric inputs of pollutants, pollutant interactions, the linkage between nonpoint source pollutants and point source pollutants, and specific endpoints for assessing the impact of each TMDL, for each pollutant The definition needs to be relevant to aquatic systems and regulatory programs. o Terrestrial/Aquatic Interactions: Whole basin planning will require additional information on the relationship between land use/landscape ecology and water quality. In particular, support is needed for the Center for Geographic Information Analysis / Geographic Information System for staff training and to digitize hydrological, physiographic, and land use data for North Carolina river basins, o Expanded Water Quality Models: More sophisticated water quality models are needed to address discharger and pollutant interactions (from both point and nonpoint sources) and that operate on larger spatial scales (basinwide modeling and analyses, rather than individual stream reaches). A pilot project is currently underway with the Center for Geographic Information Analysis to develop a simple mass balance model for basinwide assessments of toxic discharges and could prove to be a building block for additional modeling efforts. o Improved Models for Estuaries: Several North Carolina basins include estuaries. The estuary models currently being used by the Water Quality Section for the Neuse Albemarle -Pamlico estuaries are inadequate for addressing many of the basin planning issues critical to North Carolina's estuaries. Thus, the Water Quality Section needs additional funding for further development of suitable estuarine model(s). NCDEM has requested assistance from the Environmental Research Laboratory in Athens for additional training and technical assistance in this regard. While USEPA appears supportive of the idea, details of the actual assistance to be received remain to be worked out. o Improved Estimates of Pollutant Loads from Stormwater Runoff: Additional research is needed to more accurately estimate pollutant loads resulting from stormwater runoff. The effectiveness of stormwater treatment also needs to be evaluated. 52 o improved Estimates of Nonpoint Source Loading: Quantitative estimates of nonpoint source loading, by source area, are needed and must be integrated with estimates for point sources to determine the total pollutant loading to a system and, thus, the remaining assimilative capacity. The existing methods for estimating and evaluating nonpoint source loadings are not as advanced nor as well tested as are those for point sources. In addition, methods for prioritizing implementation of nonpoint source control methods are needed. Use of aerial photography to meet this need, as employed by the Tennessee Valley Authority, should be more closely examined. o Biostatistics: Additional input is needed from biostatisticians to aid in designing monitoring programs, defining biocriteria, developing data analysis protocols, and defining ecoregions. o Specific technical needslissues: Other specific technical and research needs identified include the following: Research and information on the ability of North Carolina treatment plants to achieve lower discharge limits (i.e., technology capabilities), and the added costs associated with these limits. Protocol for dealing with pollutant concentrations (especially toxics) at or below the analytical detection limit. Research to determine the effectiveness of management options for curbing septic tanklbacteria problems in estuary/shellfish production areas. Assistance with establishing field procedures for reaeration studies, A national protocol for measuring long-term biological oxygen demand (Boa). Evaluation of parameter analysis techniques (low level) and also additional work on analytical methods for measuring chlorine at low concentrations. Further development and refinement of procedures for assessing ambient and sediment toxicity. 53 . REFERENCES Lena D.R. 98 Water quality rent of streams using a qua itative col for benthic rnacroinvertebrates.J. N. Arn. Benthol. Soc. -. Ornart ik b J.M. 1987. Ecoregions of the conterminous United to . Arm, Ass. Am. Ge« . (1): 118-125. 54 APPENDIX I Department o ter 5, fienst nst O.. l.ae Box 30817 w Wn, NC 2 230 of North Carolina esources and Communi Division oF F,n%ironmen SaiisbuT In am itn your ap llratton for we are forwarding herew;;.t.h the suUje suent to the requirements of North Caro. the i°4em^-.a dum of Agreement between North Caro➢.an Agency cased December 6, 198.s, If any parts, me•asurement frequenc n°-, f e i are unacceptable to i pl court ' , " t1 EC; requesta waiveror modifivat a lation 15 NCAC 25 .0508(h) by w -i.tt ,n request to the Director i ssnes to be contended, Unless snch request is made within f tt; i� paten t this permit shall use final and Usa:;ci,t 5itcu iu you have the right to regnes 3n a to received on Fey taara ermit, This permit ral `t 3 ute i4 . 2_3. 1. an(' US Env•ro_ror� et;tal Proton._- Please �� eas� addresses the }trarge, �_ .. E,.A le y, g3ona1 that this 2er`M.it to be fo nhan,g to o bLa Nina tai Area 11:t„: eme rnqu: n pursuant yi n g t h e Eol o g request R.athIc,th North Caroma _ 6sr Pattlit NO" .tbd76333. STATE OF NORTH CAROLINA DEPARTMENT OF NATURAL RESOURCES AND COMMUNITY DEVELOPMENT 1)1VII5ION. Of. '..ENVIRONMENTAL MANAGEMENT To DiscHARGgi..WA.7EwATER,-.UNpER THE. POLLUTANT DISCHARGE EtimiATioN SYSTEM Lh r 1 tChrolit:4: tht Statehth ie3 Iatelt11.etand.atda: ptplalgAted :end adopthh• by. the:rtrCarolfp Environmental n3genr Cbmmis...4i0UU• V.eti.exA,1 14atAt•F Colette." Act, amended, Cr rIsueut Land an.d Timber Corporation is hereby authorized to discharge wastewater from a facility located on N C. Highway 150 Lake Norman iredell County t receiving waters designated as Lake Norman (Catawba River) in the cntawna pihpr Basin ih thhhhtdAhhh •effiunnt. liMimAtipnsn on1trrjn tificiifir.emi4mMsp other ..a:.,ettotth in Ear;s hezeof, Thir permit 1be.4Oale ....Offett4vh- Septemeeat 1, 1989 •Tb1s. flit,AtA 0 1it or 71t •to dlec...11:at1o• sla11.31.e.*t:tt.e, ht. Ittataght Oh g....S.t• 31, 19.9a • SlAh...e31. thia•—tieyethete:.iebet,. . Re PAI WiImme Ditettot • • • • • • •• • - • W.Otision of' Enyttohtbt41 :Man4g,*!e.t• • . • . • . . 33 • :BY Authority .6t.. :a..r)Vl.r9nTive;4e4:MATYOgOM.Wlt-COmPdsS4t'll. is hereby authorized to: Permit No. NC0076350 SUPPLEMENT TO PERMIT COVER SHEET CresPnt Land and Timber Corporation q, •Enter int canstrtudt.idd df. wOttVAtA• tra..attene fdnd aajjaaYT 2. Make an outlet into Lake Norman (Catawba River'); and 3. After receiving an Authorization to Construct from the Division of Environmental Management; construct and operate 0.450 mcn wastewater treatment facility located °R N- C• Highwe7 150 at, Lake Norman, Tredell Cc untY Si(e Part III of this Permit); and 4. Discharge from said treatment works at the location specified on the attached map into Lake Norman (Catdewa River) which is classed Class ews_tri & Be waters in the Catawba River Basin- (1). laIIIAxr IMITATIONS ANTIVINITORIM PEtgrld.*Wt. During the period beginning on the effective date of Permittee is authori2ed to discharge from outfall(e) serial find monitored by the Permittee as specified below: pittnntctIhAMngbetinting Dischar,e Limitations 000021,4050 the Permit and lasting until expiration, the number(s) 001, Such discharges shall be limited 1.ns/day Other Units (Spe,cify) Honthly Av. Weekly Av. t'10(11-ItlY Avg. Weekly low OD 5Day 20 Degrees otal Suspeoded Residue HO as N issolved C)xygen (minimum) eual Coliform (geometric mean) stall Residual pigicTine perature atal Nitrogen (NO2 * NO3 4 TDD) otal Is 0,450 tIND 15, 0 mg/1 22,5 mg / 1 30„0 ingfl 45.0 1ng/1 4.0 mg/I 6.0 ing/1 5.0 nigil 5.0 mg/1 200.0/100 ml /400,0[100 ml * Sample locations: 0 Effluent, I - Influent ifhb PH nntilli noL be 1 ess thani 1 1 standa d uu i 1 s nor gMnuLn,it ..o:Monilbmng 1 1 1). thi(soffiiieut 1 grub siump1es 171.t.:0'6. shall :...1..)t—'.116 tkinttofiirtibReiltriffments Heasurament SHTP1H 1.‘leret *Sample Location Continuous Et:cording I or h Daily Composite 1 Daily Composite E Daily Composite 0 Daily Cmala DailGrab Daily Grab Daily Grab Quarterly Composite E Quarterly Composite 1 than 9.0 standard units and shall be APPENDIX 12- 18-92 SECTION .0200 - WASTE NOT D1S 9iRG TO SLRFA� leV A TE R S 15A NCAC 2H 0201 has been amended with changes as published in 725 NCR 419 as follows: .0201 PURPOSE These Rules set forth the requirements and procedures for application and issuance of permits for the following systego which do not discharge to surface waters of the state: (1) sewer systems; (2) disposal systems; (3) treats:dent works.; (4) sludge ((residual and (591 ireatment of petroleum ontam mated soils, History Note: Statutory Authority GS.. 143-215,3(a) (1); 143-215,1; Eff. February 1,1976; Amended Eff. February 1 1993: November 1, 1987, Z .0202 has n am ded wi.hh changes as published in 7:5 NCR 0202 SCOPE These Rules apply to LI persons proposingto construct, alter, system, treatment works, disposal system, temanagement system r sludge disposal residual discharge to surface waters of the state, including systems and surface. However, these Rules do not apply to s i en1 fci1iae which are a h rirRsofihe 0 siott Statutory trltG.S. 130A -' 1.43-215.3(a) ( ff. February 1 ended February 1, History Note: se der 19 asfollows. aerate anysewe ent_system,ani ztt system which does not tschre waste onto or below lesyste *,. r solid wst e ttettlder 1 1.5.A NCAC 2I-i .0203 has bei air:ended with changes as p,ublish.e.d. in. 7:5 NCR 419-422 as. follows: .0203 DEFINITION OF I hRMS The terms used in this Section shall be as defl f L., in G.S. 143-213 except for G.S. 147-- 213(15) and (18)a. and as follows: (1) "Agronomist" means an individual who is a Cernfied Professional Agronornist by ARCPACS (American Regisay of Certified Professionals in Agronomy, Crops and. Soil) or an individual with a demonstrated lcnowledge in ag-ronomy. .(2) "Animal waste" means ]ivek o ,oultry ellcc7-er.aQr a mixnare of excreta with feed. bedding, litter or other materials, (3) "A im wh agPrr. v 1: rn“ 71 anc orr. i ion iral and n, ti-- ic -nal practices which will properiv collect. Tex: store or. apply animal waste to the land such. as a result of a storm _event rfl.crvere than the 25-year24-hou• storm. (4) 'QrQyinIrna1 wastern 4 rnr PiflLJ9 'tan iv c.cJiea QtIUt13Uwa r tr Ian i nv4 ri nt v -, 11 7 and .RProvtd according to th.e.procedures established in _1A NC.AC11-102.17(a)(1)(H), ) "Bedrock" means any consolidated or coherent and relatively hard, naturally-fonued mass of mineral matter which. cannor be readily' excavated without the use. of explosives or power equipment. (5D(3) "Building" means any smicture or part of a srx-ucture built for the separate shelter or enclosure of persons, animals, chattels, or property of a.ny kind which has enclosing walls for at least 50 percent Te af its perimeter. Each unit separated from other units by a. four hour fire wall shall be considered as a separate building. "Building drain" means that part of the lowest piping of a drainage system which receives waste from inside the building and conveys it to the building sewer which begins ten feet. outside the building wall. (I)(-5-).. "Building sewer" means that part of the horizontal piping of a drainage system which receives the discharge of the from a single building drain and conveys it directly to a public sewer, private sewer, or on -site sewage disposal system. Pipelines or conduit pmingt 'tiara inc a n n th,-, wi..Lac. c n..ijxjLQ Jj1din.g ewers if they traverse adjoining properz underdeparate ownz-ship or travel_alontz anv highwav right of way. (2)(6) "C horizon"' means the unconsolidated material underlying the soil solurn„ which may or may not be the same as the parent material from which the solum is formedbut is below the zones of major biological activity and exhibits characteristics more similar to rock than to soil, (10)( ) "Director" means the Director of the Division of Environmental Nianagement, Department of Nu evelopment Environment, Health And Natural Re.. ources or his delegate. (11)(8). "Dedicated site" means a site: (a) to which sludge -is residuals are applied at rates or frequencies greater than agronomically justifiable, or where the primary use of the land is for iIud residual, disposal and crop or ground cover production is of secondary importance, Of (b) any sledge residual disposal site designated by the Director, or ic) wher the.primary use of the land is for the repetitivetreatment of 5011S containing 1 ,mpnuts r mc nt in . i adcor giround cover production is_. of secondary imporrance. 71ii lty s considered al having. a rigded permit in ant with t e,.imijtjng i n Qf C .147,-71 i.1 '3.) -w.r, hi a n ceiv an ivi -mi f -I- i c n , n nr ( ra 1 n. 'Division" r "(DEW rrearts the I i Fision of Environmental Management, rr ant cr ,, Deve o ,.n p E nrr.enr Health , d att l Resources and esou: system wtc;t feted and was: being ope `` t__siocked rh nin- w� d_pursuant to 15 , NCAC n i,sh veget r at l st 4 G^ nc v Pa h Il n n `i r: f (17\=Q) "Groundwate:s" means those waters in the saturated zone of the earth as denned iR 15A NCAC ZL. (18)(-1-11 "Industrial wastewater" means all wastewater other than sewage and includes: (a) wastewater resulting from any process of in dus y or rnanufacrure, or from the development of any natural resource; (b) wastewater resulting from processes of trade or business, including wastewater from 'Laundromats and e r vehicle/equipment washes, but not wastewater from restaurants; (c) stormwarer will not be considered to be an industrial wastewater unless it is contaminated with an industrial wastewater; (d) any combinad.on of sewage and industrial wastewater; m ,ni w wa r will r in sari v n ,4?17 a c n h an four and stora nde1for thg_ a of P rr iivisicana rox ?9 f h eri n wa cont izas n ted as part of an 2p "r ed 4pndw _er and absorption system expressly aced petroleum contaminated water into the in a feedlot has been abando nd is. then put back into service. Reduce Pathogens`' or "FFRP" vans a rejd ,ais stabilization r m v n at i 7, appendix which is I QQL nrrent< d or nus or a period of v hipp'ng and handling. Co 2953s,. ..alei;h, North, Carolina. '? 7626-Q5 anv s� 'flared soil 1�a f.p �1gpon beneath ate land trace and includes motor gas nd motor tins (n "Pollutant'° means waste as refined in G.S. 143-21, 3(1 _ t ate sewer" means any part of a sewer system which collects wastewater from more than one building, is privately owned and is not directs. authorit (27 (4-4) "Professional engineer" means a person who is presently registered and licensed as a professional. engineer by the North Carolina State Board of Registration For Professional Engineers and Land Surveyors. (28),(+}"Public or community sewage system" means a single system of sewage collection, treatment, stef or_disposal owned and operated by a sanitary district, a metropolitan sewage district, a water and sewer authority, a county, a municipality, or a public utility. ? �`-1- )"Public sewer" means a sewer located in a dedicated public street, roadway, or dedicated public right-of-way or easement which is owned, or operated by any municipality, county, water or sewer district, or any other political subdivision of the state authorized to construct oroperate a sewer system. (30)(4-7-) "Rapid infiltration system" means rotary distributor systems or other similar systems that dispose of tertiary treated waster at high surface area loading rates of greater than 1.5 gpd/ft4 (31 `(24) "S4ifige Residuals"° means any solid or semisolid waste, other than residues from agricultural roduc and e in generated from a wastewater treatment pert facility , tier supply treatment ply -fairy or air pollution control facility permitted under the authority of the Environmental Nlanagernent Commission. lie idue fr m agricultural tdtici and e in"' trtan lid serrti-.Q1ids i ans permitted under the authority of the Etrvaronrnniat 1 tanag rrtent Comrtus ion that are non -toxic no. hazardous and contain no domestic wastewater. "Sewage means the lio;uici and solid human waste, and liquid waste generated by dornestc water -using fixtures and appliances, from any residence, place of business, or place of public assembly. Sewage does not include wastewater that is totally or partially industrial wastewater, or any other wastewater not considered to be domestic waste. (4 -1-9) ''Sewer system' means pipelines or conduits, pumping stations, specialized mode of conveyance and appliances appurtenant thereto, used for conducting wastes to a point of ultimate disposal. ins Is i 'ibich_is here v incot ons.Cppigs9Y his earth Ph „ire labie for review epntaining ctrolettm xhibits_characterislics or eoncen u,ffici h ail .fur shall mean nti.sion, sr; u t noOr tins of tvpica ct mtrai x on gasoh G. , l-t - 1 94A(7) els, kerosene, fuel rontroiled by a public n C nv n by _land a. Qne Soil Scientist"' means an individu Soil-Sc.iencc Soci,cCR Solid or a Cerdried Professional Soil n. (American Registry of Certified Professaon; an vN Resources, bsurface ground absorption sewage disposal system" means a waste disposal which distributes waste beneath the grand surface and relies primarily on the leaching and removal of dissolved and suspended organic or mineral wastes. ied are systems for public or community sewage systems and systems which are desiz ed for the disposal of industrial wastes. Land application systems utilizing subsurface s-ludt. residual injection are not included. (4()(.4) "Surface waters" means all waters of the state as defined in G,S. 2� 143-212 except underground waters. (41 )O' Toxicrty test" means a test for toxicity conducted using the procedures contained in 40 CFR 261, Appendix 11 which is hereby incorporated by reference including any subsequent amendments and editions .(„) Copies . OB 4 � � . Q ies of 1.�3s publication_are_avJIable from the Government Institutes. Inc...4 Research glace, R. ,�u 1 ?, 51 4 fir . i. 1 at a who is a Certified Pero n c nt nfno ute thick-ne.ss rot tQ Lining pe ileum. i-anon Chic: ness not tQ tonal in Soils through elf s��r st or Soil Specialist by ARCPACS n Agronomy, Crops and Soils) or_a t- iste ed. Professional Soil ist) or can provide rerlu rjtents for ations tamed in this xo demonstrated of Environmental a# agemenr, Detara tent of ors pmef t. Environment, nth. a 7626-0535, s ortsnns,al system which does not discharge to surface waters nt worlslacility or disposal system which is designed to: s closed system with no discharge to waters of the state, or dispose/utilize wastes, including Fesidt*ls s-fudges a r residuals. Qontat_ninaled soils and animal waste, to the surface of the land, or spose of wastes through a subsurface absorption system, t Statutory Authority G.S. 130A -33.5; 143-21 143-215.3(a)(1); Eff. February 1, 1976; Amended Eff. Febn February 1, 198fa; "v+ove nber 1, 1978 August 1,1988; November 1, 1987,.. I5A NCA.0 2H .0205 has been amended with changes as published in 7:5 NCR 422-4',2 follows: .0205 .APPLICATION: .PERMIT FEES: SUPPORTING INFORMATION: REOUIREMENTS (a) Jurisdiction. Applicationsfor sewer system extensions under the juriseUcdon of a local sewer system program shall be made in accordance with applicable local laws and ordinances. Applications for permits from the Division shall be made in accordance with this Rule as follows. (b) Applications. Application for a permit must be made- in u-iplicate on official forma. completely filled out, where applicable, and bully exeeutedin the manner set forth in Rule .0206 of this Section. A processing fee as described herein must be submitted with each application in the form of a check or money order made payable to N.C. Department of Environment, Health, and Natural Resources. Applications may be returned if not accompanied by the processing fee or are incomplete. The signature of the consulting engineer or other agent will be accepted on the application only if accompanied by a letter of authorizadon.. (c) Permit Fees. (1) Permit Application Processinc, Fee. For every application for a new or revised permit under tilts Section, a nonrefundable application processing fee: in the amount stated in Subpara,..0-eaph(5) of this Paragraph. shall be submitted at the tirne of applicadon. (A) Each pennit or renewal application is incomplete until the application processing fee is received; (B) For a facility with multiple treatment units under a single permit, .the processing fee shall be set by the total design t-eau-net capacitl,e (C) No processing fee will be charged for .rriodification of unexpired permits when the modifications are inidated by the Director, (D) A processing fee of one hundreddollars ($50.00) (51.00.T1 will be charged. .for name changes. Name change requested at _the time of perinit renewalj_NithnQ other changc.5 be charged the renewal without modificari ,-- (E) A full application processing fee will be charged. for all modifications except for name changes; this fee will be in the same amount as shown in Subparaaraph (5) of Paragraph (c) of this Rule for new applications/modifications: (F) Pertnittees requesting new or modifea special orders by consent, judicial orders or flow increases under G.S. 143-215,67(b)„ will pay a fee of four hundred dollars ($400.00). (2) Annual Administering and Compliance Monitoring Fees. An annual fee for administering and compliance monitoring shall be charged in each year of the eiu of every renewable permit according to the schedule in Subparagraph (5) of this ParagTaph. Annual fees will not be charged for permits which do not require renewal, (A) Collection of annual fees shall begin on the effective date of this Rule. (B) Annual administering and compliance :monitoring fees must be paid for any .faciliry operating on an expired permit afer the effective date of this Rule, The Director shall establish an anniversary date for such a facility and notify the responsible party of the requirement to pay annual fees. (C) For a facility with multiple treatment units under a single permit, the annual. administering and compliance monitoring fee, shall be set by the single treatment system with the highest fee in the fee schedule. (D) A person with only one permit will be billed annually on an anniversary date to be determined by the Division. This will normally be the First day of the month of permit issuance. (E) A person with multiple permits may have annual adrnrnistering and compliance monitoring fees consolidated into one annual bill. (F) Any pe;triittee w ....,.. has attaintained full compliance ww all peat condtti©ns dieing the previous calendar year wall have its monitoring annual fee reduced by 25 percent Pernittees op Eng under interim limits, judicial orders, or special orders by consent will, not be eligible for any discount_ Full compliance with be established if it can be certied by the Director that no Notice of Noncompliance, et -Nonce of Violation or nor r � was sent to the permittee during the compliance period being considered. Notice of Noncompliance or Notice of Violation was based on erroneous information, the Director can send a letter ©f correction to the perrnittee clearing the record for compliance purposes. (G) A change in the facility which changes the annual fee set by Paragraph (c) of this Rule will result in the revised annual fee being billed in (5) of remaining whole permit years. (H) Closed -loop recycle or evaporative systems, which store or recycle industrial waste and do not discharge to the surface water, be charged a constant annual administering and compliance ptmoni monitoring shall all sizes of facilities at the fee amount shown by Subparagraph (5) of Paragraph (c) of this Rule. () No fees are required to be paid under this Rule by a farmer who submits an application or receives a permit that perains to farming o (4) Failure to pay an annual administering and compliancemonitoring fee wztl n 30 days after being billed may cause the Division to initiate action to revoke the permit (5) Schedule ofNondischarge Fees: PERMIT APPLICATION PROCESSLNG FEE NEW APPLICATIONS/ TEGORY MODIFICATIONS( NEW >1,000,000 GPD Industrial Sewage/CooWater $400. cliff 10,001-1,000,000 GPD Industrial 400 400. age/Cooling Water 400. 1,001 - 10,E GPD Industrial 400, er ANNUAL AD MLNISTERENG AND COMPLIANCE MONITORING FEE SLY RENEWALS WITHOUT IN ODIFICATIONS STANDARD CO LPLIANO $300. $1500, $1125. 300. 1200. 900. 250. 800. 600. 250. 600. 450, 200. 600. 450. 200. <1= i00GPD and Single family dwelling 240. 120. 450. c ua1sf� s d e5/Co t <; = 3€ 0 acres 400. R s dua1sfR sidues/Cornpost > 300 acres 400. 250,. 400, Sewer extensions 400. (nondelegated) Sewer extensions (delegated to mu:,.,ucipalities) 200. 0 600. 0 0 750. 0 0 Closed -loop recycle or evaporative system 400. 70. 300. 2; (6) If the total payment for fees required for all permits under G.S. 143-215.3(a)(1 b) for any single facility will exceed seventy-five hundred dollars ($7,500,00) per year, then the total for all these fees will be reduced for this facility so that the total payment is seventy-five hundred dollars ($7,500.00) per year. (7) A portion of the permit application processing fees shown in the fee schedule in Subparagraph (5) of Paragraph (c) of this Rule will be transferred into the Wastewater Treatment Works Emergency Maintenance, Operation and. Repair Fund according to the following schedule: (A) All nonmunicipal facilities treating domestic wastewater with design flows of 100,000 gallons per day or Iess, except individut ly perm ted single family dwellings and facilities with design flows of Iess than 1,000 GPD, seventy-five dollars ($75.00); (B) Single family dwellings and facilities with design flows of less than 1,000 GPD, forty dollars ($40.00); and (C) All other facilities, zero. (8) When the total value of the Wastewater Treatment Works Emergency Maintenance, Operation and Repair Fund, as certified by the State Treasurer, is at least seven hundred fifty thousand dollars ($750,000.00) at the end of a quarter, the application processing fees for facilities with capacities of one hundred thousand gallons per day (100,000 GPD) or less shall be reduced by the amounts being transferred under Subparagraph (7) of this Paragraph. This reduction shall continue until, at the end of some subsequent quarter, the State Treasurer certifies that the fund's balance is less than seven hundred fifty thousand dollars ($750,000.00), in which case the full mount of the application processing fees as listed in Subparagraph (5) of this Paragraph shall be charged. (9) In order to avoid violation of the statutory limit that total permit fees collected in any year not exceed 30 percent of the total budgets from all sources of environmental permitting and compliance proratns, the Division shall in the first half of each state fiscal year project revenues from all sources including fees for the next fiscal year. If this projection --,ow commenced in or excessive revenue °`Oil. (d) Supporting Documents an documents and information which ust be systems and wastewater treatment work w (1)tie: eneral;,, Fermi tS: (A) Requi (i) regt s d sets of pion arroiectS _t ory limit ,-ill be exceeded, rule rniLking shall be it?prtat. adjusted '` r sch.e: u',e whim will avoid n c:,,itt fees. Con 'JThis Paragraph n cutiirae tl ose suppor~ng submitted for sewers, sewer extensions, an disposal hich do not discharge to the surface {gate s of the state. speei icanons: wo ;tt rat i *r projects -- require. rhrh<n r without he adciitia in 7 .f inaon n c n vlf nrr, 1 (B) Specifications descr bing all materials to be used, methods of cans; means for assuring the qualiry and integrity of the finished project; (C) A general location map, showing orientation of the facility with reference to at least two geographic references (numbered roads, named streams/rivers, etc.); (D) A description of the origin, type and flow of waste to be treated. taste analysis must be extensive enough to allow a complete evaluation of the system to a -eat the waste and any potential impacts on the waters of the state; (E) When required, a statement submitted that the wastewater treatment facility involved will be properly disconnected and the wastewater discharged into an adequate district or municipal system when it becomes available, (F) Permits which result in construction of facilities which will be funded by public monies t iav require environmental documentation pursuant to the North Carolina Environmental Policy Act, Permit applications for which such documentation is required will not be considered complete until supported by the required documentation.. (G) If more than one cent .s acre of land is to be uncovered by a project, d p i ans and I agency; d4 cume,^.tat'on hould su plied ver-ifying that a e applicant has ombieted of IS wcrldng with the appropriate regional engineer of the Quaiit*Y Section on the cornplecion of an erosion control plan. generzte_residu:ls and must include the following: nags to he w the residual A n B idu dy Red.uce whic i is nttnu gvc PA ire 40C Sdeft incorporated.t,,y re tins' idre uir mg i storage will t e required nn demonstrate to the_stisf unwarranted for a pa Evetne residu415 11t etit_systcrn. 1 . riot tlie_4larit av re utred ba hat the Division approved he residual, (2) For wastewater faciiicies specified in G.S. 143-215.1(d1) that are or will be jointly or commonly owned, either a copy of a properly executed operational agreement er evidence to show that the applicant has been designated as a public udlity by the State Utilities Comrriission. (3) For sewers and sewer extensions: (A) design flow; (B) rate of infiltration in gallons per day per inch of pipe diarrieter per mil e of pipe; (C) letter of agreement from owner or proper official of eatrnent works accepting the wastewater, if application is not submitted by owner or proper official having charge of treatment works; (D) plan and profile of sewers, showing their proximity to other utilities and natural features, such as water supply lines, water lines, wells, storm drains, surface waters, roads and other trafficked areas. (E) Construction of sewers and sewer extensions are prohibited in the following areas unless the specified determinations are made: (i) in a natural area designated on the State Registry of Natural Heritage Areas by a protection agreement between the owner and the Secretary of the N.C. Department of Environment, Health, and Natural Resources, unless the EMC agrees that no prudent, feasible or technologically possible alternative exists; (ii) in a natural area dedicated as a North Carolina Nature Preserve by mutual ao-reernent between the owner and State of North Carolina (Governor and Council of State), unless the EMC recommends and the Governor and Council of State agree that no prudent, feasible or technologically possible alternative exists. (4) For pumping stations: (A) design calculations for pump and force main sizing; (B) plan and profile of sewers -showing their proximity to other utilities and natural features, such as water supply lines, water lines, storm drains, surface waters, roads and other trafficked areas; n cat the nit the n~ethc ;dual faeil�v, (6) For land applicataott of sludge residuals on other than dedicated sites: (A) a rnap of the site with topographic contour intervals not exceeding ten feet or 25 percent of total sire relief, whichever is less, and showing all facility related structures within the pnelary treatiment, story gt. and landapplication areas and the location of all wells, pits and quarries, springs, lakes, ponds, or other surface drainage features within 500 feet of the utilization/disposal site; (C) punzp station site location map; (D) name and classii cadon of adjacent sur ace waters w°hicl ouid !�atfec failure. e teci by For subsurface ground absorption systems in ins i'nirn (A) soil evaluation of the disposal site conducted by a soils scientist to adequately evaluate the soils to be utilized for treatment and disposal down to a depth. of seven feet to include, but is not limited to, field descriptions of texture; color structure, the depth thickness and type of restrictive horizons; the presence or absence and depth of evidence of any seasonal high water table; recommendations concerning application rates of liquids, solids, and other wastewater constituents; field estimates of saturated hydraulic conductivity in the most restrict7ve horizon; and cation exchange capacity. Applicants may be required to dig pits when n.ecessar-y for proper evaluation of the soils at the site, (B) design data; (C) plans of complete system including plan and profile and c- o s section views for all relevant system components;. (D) a map of the site, with topographic contour intervals not exceed : g showing all facility -related structures and fences within di , o f treatment. storage and disposal areas, ail and the location of all wells, springs, lakes, ponds, or other surface drainage features within 500 feat of the principal waste treatment°disposal site(s);. (E) For systems treating industrial waste and any system with. a design flow of over 25,E gpd, a hydrogeologic and soils description of the subsurface to a depth of 20 feet or bedrock, whichever is less. The number of borings shall be sufficient to define the following for the area underlying each major soil type at the disposal site: (i) significant changes in lithology underlying the site; (ii) the vertical. permeability of the unsacu ated zone and the hydraulic conductivity of the saturated zone, and (iii) depth to the mean seasonal high water table (if definable from soil morphology or from evaluation of other applicable available data). (F) For all projects with a design flow of greater than 25,000 gpd, a determination or transmisszv-ty and specific yield of the unconfined aquifer based on withdrawal or recharge test: (G) Information on the location, construction details, and primary usage (drinking water, process water, monitoring, etc.) of all wells within 500 feet of the waste treatment/disposal area; (H) Deuce of treatment (primary, secondary, tertiary); (I) For industrial waste a complete chemical analysis of the typical wastewater er- sludge-to be discharged, may include but not limited to Total Organic Carbon, BOD, COD, Chlorides, Phosphorus, Ammonia, Nitrates, Total. Nitrogen.. Calcium, Sodium. Magnesiur_t, Sodium Adsorrtation l ot;, TSAR` Phenol, Total Trihalomethanes, Toxicity test parameters, ,tee Total Volatile (1rtganics. Total Conforms and Total Dissolved Solids; (.T) proposed location and construction details of a monitoring well network. _ _ N,' �! . *.�'. III. 'r V ■ , .� , - . , � _. - - - Iv t CE3 a soil scientist's recommendanons. ,Ot pp1icanon ot rcu, concerning appl out. soliciss,rrro-arnerals, and other wastewater constituents; (C) a project evaluation conducted by an agronomist including recommendations concerning cover cops and their ability to accept the proposed application rates of liquids, .solids, minerals, and other wastewater constituents; (D) project description for the land application system, including .treatment, storage, land application method, equipment,. and a receiver management plan; (E) for industrial wastes, a complete chemical analysis of the typical wastewater or residuald to be applied may include, but is not ,limited to percent Total Solids, pH, .;\414.3 N Ammonia., !.Cr03 N-Nitr-ttes,, TKN, Total Phosphorus, Potassium, Toxicity test parameters, Cadmium, Chromium, Copper, Lead, Nickel, Zinc, Mercury', AJrsenic, Selenium, Calcium, Sodium. Magnesium and Sodium Adsorption Ration (SA' - (F) information on the location, construction details, and primary usage (drinking water, process water, monitoring, etc.) of all wells wichin 500 feet of the disposal site: (G) For sites previously pet evaluation of the application sites by a soils scientist, or n indf\,n.cival with It_ lea,5: three vears experience in the omprehensive evaluation of soils for application of residuals, to c'rnifitin or establish the soil map through field evaluation of sod texture; color, stru.cture; the depth., thickness, and type of restrictive horizons; the presence or absence of seasonal high water table within three vertical feet of the surface or subsurface application depth; pH, and cation exchange capacity; (H) For sites not previously permitted: (i) A USDA-SCS soils map of the application site. In addition,. a soil evaluation of the application site by a. ,oil.:Scientist, or an :ndividual _with at least x e nc th m n v I ai f, ra of residuals, te,-,yelfy the ac--uracy of the SCS e± ardin-g- which th yai. n : v rifi n the presence or absence of a seasonally high water cable, or bedrock within three vertical feet of the deepest point of &hdge residual application; and cation exchange capacity; (ii) If a USDA-SCS soils map of the application site is not available, soil evaluation of the disposal site by a soils scientist, njnjvjJ with c h evaluation o application of residuals, down to a cep seven feet or the"C" horizon, whichever is less, to develop a soil map through field evaluation of soil texture; color, the depth, thickness, arid type of .restrictive horizons; the presence efor, absence of a seasonal high water table', or bedrock within three vertical feet of the deepest point of sludge--.- residual application; ILE; and canon exchange capacity. 5 from each municipal n„ industrial urce. Residualso more than one facility under comm on ownerhip may onsid.ered as a single sQurce (J) -in w Iv w h when w- by 15A NCAC 2 ___.0200, (7) For spray irrigation., land application of.rff.si_dual on dedicated sites, or ge- dispesa.i7residual dispos:ailutilization systems and n-eatrnent works, except for rapid infiltration disposal systems and systems for composting sludge residqat for land application.: (A) a map of the site, with topographic contour intervals not exceeding ten feet or 25 percent of total site relief, whichever is less, and showing all facility -related and fences within the n areas, :ace cirainaa pits and quarries, springs, lakes, ponds, or other st tccanon o es within 500 feet of the waste n atrnenrJdisposai site(s,; (B) the information specified in Subsections (d) (5) (), (F), T ) and (n of this Rule; (C) soil evaluation of the disposal site conducted by a soils sciend.st to adequately evaluate the soils to be utilized for treatment and disposal down to a depth of seven feet to include, but is not limited to field descriptions of texture; color, structure; the depth; thickness and type of restrictive horizons; the presence or absence and depth of evidence of any seasonal high water table: recommendations concerning application rates of liquids,. solids, and other wastewater constituents; field estimates or measurements of saturated hydraulic conductivity in the most restrictive horizon; and cation exchange capacity, Applicants may be required to dig pits when necessary for proper evaluation of the soils at the site. (D) a project evaluation and a receiver site management plan (if applicable) prepared by a -an agronomist and his recommendations concerning cover mops and their ability to accept the proposed application rates of liquid, solids, minerals and other constituents of the wastewater (E) complete plans and specifications for the entire system, ir.c ..ping peat rient, storage, application, and disposal facilities and equipment. Treatment works previously perrnined will not need to be shown, unless then are directly tied into the new units or are critical to the understanding of the complete process; l a complete chemical analysis of the typical wastewater or-sluda%residual to be n'eated, may include but not limited to Percent Total Solids , pfl, Total Carbon, BOD, COD, Ammonia Nitrates, TKN, Chlorides, Sodium, Organic Phosphorus, Sulfides, Bicarbonate, Magnesium Ici Total Trihalomethanes, EP Toxicity test parameters Vitrates, Phenol, T s tom: Wit° Wla'. i n Total Coos and Total Dissolved Solids; (G) proposed location and construction details of a monitoring well network; (H) information on the location, construction details, and prrnary usage (driniding water, process water, monitoring, etc.) of all wells within the 500 feet of the disposal sire; (l) for sates which h nn source. specific iduals from each, municipal, n facility un (8) For systems for composting residuala for land application map of the prt es ng, site, with topographic contour intervals not exceeding 10 feet or 25 percent of total site relief, whichever is less, and showing all facility - related structures within the propene boundary and the location of all wells, springs, lakes, ponds, or other surface drainage features within 500 feet of the principal waste treatment/disposal site(s); (B) complete plans and specifications for the entire system, including facilities and equipment for treatment, storage and preparation for dis li n w 11 ailed descrip_ion of the process to be utilized: (C) for industaial waste, a hydrogeologic description of the subsurface, to a depth of 20 feet or bedrock, whichever is less. The number of borings shall be sufficient gn scant changes in under1, ng the sit ,iit ttie verdcal permeability of the unsaturated zone and the conducd.vity of the saturated zone; and (iii) depth to the mean seasonal high water table (if definable from soil morphology or from evaluation of other applicable available data); (D) proposed location and construction details of a monitoring well network.; (E) a. de,ailed marketing and distribution plan; (F) 7 V sed (G) (H) a detai (I) n n the .proposed reco, f the residuals.. n � , demonstrate to the satisfaetf the Di or disu-ibltiQn and marketing and other controls . m �.__ �n a manner thatwill n Car l rta or Shippe_ ntc«' .oral will 12e required tQ obtairl Mana� n lean' at the proposed method or ?re adequaie.to control fhc use contrave;ttiOn cif W4ter or (9) For closed syste or recycle disposal systems and treatment works: (A) for industrial waste, a complete chemical analysis of the typical wastewater or sludge residual to be dim# treated, may include but not limited to Total Organic Carbon, B©D, COD, Chlorides, Phosphorus, Nitrates, Phenol, Total Trihalomethanes, EP-Toxicity test parameters, ' l l Vtalatile ga Compounds, Total Coliforrns, Metals and Total Dissolved Solids; (B) plans and specifications of the entire system. When necessary for an understanding of a treatment process, the applicant should also submit process flow diagrams, manuf cturcrspciticatuQns and historical operational. data.frorn comparable facilities, (C) For industrial waste, a hydrogeologic desc,lption of the subsurface to a depth of 20 feet or bedrock, whichever is less. The number of borings shall be sufficient to define the following for the area underlying each major soil type at the disposal site: (i) significant changes in lithology underlying the site; (ii) the vertical permeability of the unsaturated zone and the hydraulic conductivity of the saturated. zone; and (iii) depth to the mean seasonal high water. table (if definable from soil morphology or from evaluation of other applicable available data). (10) For RAPID LNFLTRL\Tl r rapid ipfiltrzt on systems; (A) a map of the site, with a horizontal scale of one inch equals 1,000 feet or less and topographic contour intervals not exceeding two feet or 25 percent of the total sire relief, whichever is less, and showing all facility -related structures .and, within the property boundary, and the location of ail wells, springs, lakes, ponds or other surface. features within 500 feet of the principal waste treatment/disposal site(s); (B) hvdrogeological information describing the vertical and horizontal extent and. lithologic character of the unconfined aquifer and its hydraulic relationship to the first confined aquifer beneath the site and the vertical permeability and thickness of the confining bed. The information must also include a determination of the tranSmissivity L1 spec fie vie?d of the uneo a withdrawal or rccfargo (C) a determination. of the quality and movement of groundwater anal surfa the area and an eva..uadon of the impact that the proposed system vv;ii 1 water levels, movement and quality of waters; (ID complete plans and specifications for the entire system, storrage and rotary distributor facilides and equipment; (E) the information specified in Rule .0205(d) (5) (H) of t tis ectton; (F" proposed location and construction details of monitoring well network; (G) proposed monitoring plan including the method of determining groundwater levels and quality of water parameters and frequency of sampling. r 1. :r.Ci you h h rru C ic, Se]enium; '_.►n . h I restrtcnv v k wi w v h-v ith' Gv n nd t v n n anh-ir a inera�� fond nth th- a. i v.-i T ri whi n et v h r v,;m in C a iv.rrn H um ish ing treatment me 0Cr of sobs for ids. solids.. minerals rn-n Iia n ra nt wlt- v in l i tr to pKCN m Trxv t zinc M• c n in 50 f" r 1';2as,n .f �lrou-h^ se sonacry hig" N Cr u ;t afl,,°1 in required, inri for soils contami considered hazar F( r r?tam n const}�u nts in Table d y t h 661, with the exception required, � _so1is cr ntarr in rrye and cation change o apD.City: r v xrc rest of the ?nn?licad rye 3I �f daisRule n ay n T perroleurn. der S britles Cori of Lions to dispose inQcrtoria: arn"na an is a vir n. (unused)e d srQrjatlic regulated arninated soil shall not be TCLP analysis, is requires. not sou con1azningdon a vw eec1 Air x ides an ins n azardous upr artment.. T he. iwile� v a TCLP analysis P an des, s n 'en otherwise [ y contained and treated, .ntam nated soi n :mmnan iT ni z c-a�Cli -_n C n ichcvcr s ie s and showing b ttndaries and all structures wit ent, nv-n ver crap, site rrtaintenance plan iv) t rQp sed, t'oundwatte' guairty monitor n and v 'an•]"z n n imne n n •f xL Qi Qil Qrizons: presence of any restricury water table, axm m dedicated sites onlv). v t whn z ns:gnd depth to season s hcgh i ,�. •rt w t •i .1 ice' __ leachate collection svKtern.. including he_operating thicicriesof the soiLto h addi tives__Irsed 111tr y the fa '1i.• v f 50ii, as Pdete�-mined by sampling__��� procedures and anaIyn a1 meth .. _prQved bv. the Department, (v), the methodof di .L?. Pump and Ht.ul Perm ls; A nt opl? � cann, 11 1.,rmi t f anal of the treated soil. n n i v be i w ni t In ssuei to fa in eases of her unique under the ,mental 3, as nab1y available, lrsdzvidual pump and haul permits arc not re o,ui;ed for the wm vti Rule -02.17 of this Sec; Qn. History Note: Statutory Authority G.S. 143-2I5.1, 1 33-215, 3(a); 143-215.3B(b); Eff. February 1, 1976; Amended Eff. February 1, i993 ; October 1, 1990; August 1, 1988; October 1, 1987; February 1, 1986. 15A NCAC 2H .0206 has been amended with changes as published in .0206 SUBMISSION OF PERME" APPLICATIONS (a) Permit applications, supporting information, and processing fee for permits issued by of the Division shall be filed with the Director, Division of Environmental Management, Department Post Office Box 276 Raleigh, North Carolina, 27611 27626-0 nit of e. Applications or penults directly to the loci program director. The Division s permits issued by local sewer system programs. (b) Permit applications shall be signed as follows: (1) in the case of corporations, by a principal executive officer of at ?east the 1 vice-president., or his duly authorized representative; ('2) In the case of a partnership, by a general partner and in the case of a limited partnership, by a general partner, (3) in the case of a sole proprietorship, by the proprietor, (4) in the case of a municipal, state, or other public entity by either a principal exe officer, ranking elected official or other duly authorized employee.. 432 as follows: History Note: system programs shad be sir _ _T not require permit processing fee Statutory Authority G.S. 14? .215.3(a)(1); 143-215.1; Eff. February I, 1976; Amended Eff. February 1. 199_3 October 1, 1987; Februz January 1, 1984; November 1, 1978. vel of 1, 1986; 15A NCAC 2H ,0208 has been amended with changes as publish in 7:5 NCR 432 as follows: .0208 STAFF REVIEW AND PERNIFT PREPARA1 ION (a) The staff of the permitting agency ,shall conduct a review of plans, s-pecifications and other project data accompanying the application and shall determine if the application and required information are complete. The staff shall acknowledge receipt of a complete applicadon. The local vernment unit or units having jurisdiction over specific residential projects shall. be notified of permit applications in accordance: with 143-215,1 (di). (b) Lf the application is not completewith all required information, the application will bq; returned to the applicant, 'he staff shall advise the applicant by mail: (1) how the application or accompanying supporting information aray be modified to make them acceptable or 'complete; (2) that the 90 day processing period requiredin G.S. 143-215.1 and Rule .0209 of this Section begins upon receipt of corrected or complete application with required supporting inforrnadon. (3) that, if complete ..i... 6..0 . " (c) Pursuant to G.S. 143-215.67(a), the staff of the Division shall determine for sewer system construction or sewer system extensions, whether the trearrnent work.s or the sewer system to which the proposed system will discharge is adequate to receive waste which .will, be Discharged from the proposed system. (d) For treatment works and disposal systems, the staff shall make a site -specific evaluation to determine the potential impacts of the proposed project on surface and .o-ound water quality. (e) If.an application is accepted and laterfound to b incomplete, the applicant will be them acceptable or complet, .and that if all required information is not submittec within 30 days that theproject will be returned as incomplete, History Note: Statutory Authoriry G.S. 143-215.3(a)(1); 1.43-215.1(b); 143-215.1(d); 143-215.3(a)(4); Eff. February 1, 1976; Amended Eff. February 1, 1993 1 August 1, 1988: October 1, 1987; Febniary 1, 1936; November 1, 1978. 15A NCAC 2171.0209 has been amended with chan follows: .0209 FNAL ACTION ON PERMIT (a) The Director shall take final a receipt of a complete application and wi and decisions denvin.g permits or renew (b) The Director is authorized to: (1) issue a permit containing such conditions as are necessa of Article 21, Chapter 143, N.C. General Statutes; (2) Issue permit, containing t me schedules for achieving cornpliance with applica effluent standards and Li itaw ohs, water quality standards and other legally a requirements; (3) deny a permit application where necessary to effectuate: (A) the purposes of Article 21, Chapter 143; (B) the purposes of-N,G:C.S. 143-215.6 i (a.); (C) rules on coastal waste treatment, disposal, found in Section 0400 of this Subchapter,. (D) rules on "subsurface disposal systems," found in gee-.i 5A N A 1 1 vi of these rn s as published in 7:' NCR 432.433 2762E-0535. (E) rules on groundwater que h.la u, . •na wh;.n n (c) E' a perrn.it is denied reasonable treasures Perrnits Director. History Note: li n o eff PLICATIONS TO THE DIVISION �n on all applications not later than 90 clays required information. All permits or renew. shall be in writing. P. f R dards found in Subchapt �► •+i "•nil a ctua owing of permits the purposes bie pplicab s Chapter. fetter of denial all state the reasons) for denial and any ch tie applicant may take to make the application approvable. issued or renewed for aperiod of Statutory Authority G.S. 143-215.3(a) (1 143-215.1(a); L 43-215.1(b); 143-215.1(d Eff. February 1 1976; Amended Eff.. Fehr, deemed reasonable by the October 1. 1987. 15A NCAC 2H .0211 has been amended as published in 7:5 NCR 433 as follows: .0211 PERM.IT RENEWALS Requests for permit renewals are to be submitted to the Director at least 180 days prior to expiration unless revoked in accordance with Rule .0213 of this Section. Such requests must be submitted with a processing fee as shown in Rule .0205(c)(5) of this Section, in the forrn of a check or money order made payable to the N,C. Department of Environment, Health„ and Natural Resources. u v l vs nricr t r«ir;� ,„, Ott d to pay the new al2plicationimodificationilate ren wi,lh tt modif cat Qn fee, All applications are incomplete until required processing received, and may be returned to the applicant. The processing fee shall not apply to any firmer who submits an application which pertains to his farming operation.. History Note: v Statutory Authority G.S. 143-215.3(; Eff. February 1, 1976; Amended Eff. February I. 1993, October 1, 1990; October 1, 1987; January 1, 1984. 15A NCAC 2fi .0213 MOD. 213 has he ended as published in : L CR 43cas i'• 11t rs ION iVOCATION OF PE by the i ision pursuant to these Runes is subject to vocation, or ys rioting by the Director in whole or parr for ... cause including but 110t violation of any t s or conditions of the p ob g a permit y Isrepresentation or of the . . `tree to allow authorized emp upon presentation of d tials: (a) to enter upon e ittee's premises on which ame sy requird to kept under to and conditions or (b) to have access to any copy and records req o be kept under terms and conditions of the to ocr any monitonng uipent or mtii u` d in the (d) pe to s . pie any discharge of pollu ts,(4) f or i to pay the annual fee for administrating d compliance rnr�ita-rt�. History statutory Authority G.S. 1- Eff. February 1,1976; ended Eff. November 1 1978 to disclose oyees f the levi ent of Na d itt which any 1 3-21. ,1{b) 19; October 1 1 87; 15A NCAC 2H .0215 has been amended as published in 7:5 NCR 433-434 as follows: .0215 DELEGATIONQFAL ORITY For perinits issued by the Division, the Direcor is authorized to delegate any or all of the functions contained in these Rules eXCept the following: (1) denial of a pennit application; (2) revocadon of a pe st not requested by the permittee: (3) modification of a perrznt not requested by the permit:e. History Note, Statutory Authority G.S. 143-215.3(a)(1): 143-215.3(a)(4); Eff. February 1, 1976; ended Eff. February 1„ 1993 ; October 1, 1987, Febraary 1,1986. 15A NCA.0 2H .0217 has Herz aline:tided with chaties as published in 7:5 NCR 131 -135 as follows: .0217 t 1 4 n 'W“;'• a non r X1flIt1j Cfl zP m th inim m •cificari n a r ir r v nirr,1 wa mtlnact,.rr an v t m th-it et ; t 'vr, m nw r Jiv m ::irs r,T1 a 1 -1 V ari lir r vst m if rec r t-naintained - r atheti the r th trrt n m. 7.1 a in i (7.5 mi v h 1 r n h n num thirri arty a licat r, 7 In EM .n f 7 7E1 v nt n r v r 's T1 f rm r h v LI. r v v D M u ant •P. in h v ;In - animal ''d Ti n"' r a v a cr on wa lan ca R pted by the y �rrtent.prac naernent, nd at;el rn tan but agoons_and ponds shall be l ni ware in 'ca n the tnasr T c J.S. G. S. 421:1 ' { Q (7, chin, waters as determined by t 1 t n r rtec z n_ an OP n w• T 3r n nr are iv for -vic n 'n the Feel 'd a t v the it an v c m' i t n i ra, whi h of t.h .^ e two rc y v t chri al . 1z c' �i : ate t d Wat r Conser-ra pn Comrn.issi n and the c-ner f n a hni l i 1 `fvthat the bar which comprise: the pi a ern_em snit i rc rn m et,the applicable mil nd tiVater r o m.i v ated a a d rc n_men v ve au t_anr lagoons priat n v 'Iv fa i It r1t'vP. iPI t_nt by of L ) Treatrnent ©ads and disposal systems v t n r vi_ v s e-fer f far_solid waste disposal sites pproved in or Health Services Commission for Health Services has or. -it-s13-a at be ne term solid waste is used as defined .. r= .-290 and includes hazardous waste. The ilin • in i , li n received the 'written concurrence of vv "'C m r n ical .specialist desitratei c ca. �•n ark. pursuant to Para ph (a)(i ( are demons v d a. n n. nhazardc fn.;�, i and nontoxic,« rnee� EP;� s crre:-ia for v t - fir( rth ndment are rm. No n p prate DE ppl cation av P n 0 Ong Conne la t rnwlvcn t. ner l _lhorizQntal.artd vertical afl nrnensl inthis,P crra h; n zncradd'; a li E\ 11 ;nor pima n 11v ,n. form for the systerrt to 1 E %Iff F ilt:re tQ tinan r1 h nrial enin R combination of t.fa zor potential environmental _da (e) The Secretary of +se fi d nenitie n n n n czi�r� a tat damage. rov nv,ron fsr the N in nit i h altb, and Nati is hZr e_of a ha a _14' 13 - 2. a m R➢ a a v_th re ha may rev nagemertt pia shail. and cornrnenst dto apply for v one car. 1 sth actaal or eicgate the authori r! nirnal 0r_ t ultry water ,+ dwater, or air du f a conditionf a p ` to or p « . "t arthriticsfor which a sDES pe of means National P llutan harge EliminationSystem. History Note: Statutory Authority G.S. 130A -3 143-215.3(a),(d); Eff. Fe ary 1,1976; •ended Eff. Decem Eion y ass "dation shall shall be de d surface .d ered to apply NPDES 15A NCAC: LH .©218 has been amended with changes as published in 7:5 :SCR 4 35-43`1 follows: .0218 LOCAL PROGRAMS FOR. SEWER SYSTEMS: (a) Jurisdiction. l4iunicpalities, counties, local boards or commissions, water and sewer authorities, or groups of municipalities and counties may apply to the Commission for approval of programs for perrrutting construction, modification, and operation of public and private sewer systems in their utility service areas. Perrrrits issued by approved local programs serve in place of permits issued by the Division. (b) Applications. Applications for approval of local sewer system programs roust provide adequate information to assure compliance with the requirements of G.S.14.3.. 15.i f) a.n.d the following requirements: (1) Applications for local sewer system prograrns shall be submitted to the Director, Division of Environmental Management, Department ofY ur i Resources and - Environment, Health, and Natural Resources, P.O. Box 27687 29535, Raleigh, North Carolina, 27611 27626--053 () 'The program application shall include copies of permit application forms, permit fauns, srsrnimum design criteria, and other relevant documents to be used in aci ministering the local. program. (3) An attorney representing the local unit of government submitting the application must certify that the local authorities for processing permit applications, setting permit requirements, enforcement, and penalties are compatible with those for permits issued by the Division. (4) If the treatment and disposal system receiving the waste is under the jurisdicdon of another Local, unit of government, then the program application must contain a written statement from that local unit of government that the proposed program complies with all its requirements and that the applicant has entered into a satisfactory contract which assures continued compliance. (5) Any future amendments to the requirements of this Section shall be incorporated into the local sewer system program within 60 days of the effective date of the amendments. (6) A professional engineer licensed to practice in this state shall be on the staff of the local sewer system program or retained as a consultant to review unusual situations or designs and to answer questions that arise in the review of proposed projects. (7) Each project permitted by the local sewer system program shall be inspected for compliance with the requirements of the local program at least once during construction. (8) A copy oft pe i n -fer-each permit issued by the local sewer system tarn shall be sent to the regional office of the Division and another copy sett to 0 ce of the Division in Raleigh. CopiQs of the approved pins mint also (9 appropriate A 1'+" - nn a y report shall b submitted to the Director with_a.copv to the ) q� DEM Regional Off cq, listing for each local permit issued during the quarter, the name of the person receiving the permit, the permit number, the treatment pert facility receiving the waste, and the design flow and the type of waste for sewer system extensions or changes. The report shall also provide a listing and summary of all enforcement actions taken or pending during the quarter. The. quarters begin on January 1, April 1, July 1, and October 1, and the retort shall be submitted. within 30 days after the end of each period. (c) Approval of Local Programs. The staff of the division shall acknowledge in writing receipt of an application for a local sewer system program, review the application, notify the applicant of additional information that may be require,, and make a recommendation to the Commission on the acceptabiliry of the proposed local program. Final action on the proposed local program shall be made by the Commission within 18[7 days of receiving a complete application. order. (e) Modification of a Local Program. After a local sewer system program by the Commission, any modification of the program p m has beenfi approved Paragraph p '� procedures or requirements specified in grap (a) of this Rule must be approved by the Commission to assure that the procedures and requirements remain at least as stringent as the state-wide requirements of the Commission. (f) Appeal of Local Decisions. Appeal of individual permit denials or issuance with conditions the permit applicant finds unacceptable shall be made to the Local program authority or to an appropriate judicial level. The Commission will not consider individual permit denials or issuance with conditions to which the permittee objects. This Paragraph does not alter the enforcement authority of the commissbjn as specified in G.S. 143-215.1(f). (g) The Division shall maintai_r, a Iist of all local units of government with approved local sewer system programs and make copies of the list available to the public upon request and payment of any reasonable costs for reproduction. The list can be obtained from: Permitting and Engineering Unit Supervisor, Division of Environmental Management, Water Quality Section, P.O. Box 27687 29535, Raleigh, North Carolina, 27611 27626-0535. History Note: Statutory Authority G.S. 143-215.1; 143-215.3(a) (1); Eff. February 1, 1986; Amended Eff. February I. 1993 ; October 1, 1987. (d) Adequacy of Receiving Facilities, Local sewer system pros shall not issue a pet for a sewer project which would increase the flow or change the charactedsdcs of waste to a treatment works or sewer systemunless the local program has received a written determination from the Division that, pursuant to G.S. 143-215.67(a), the treatment works or sewer system is adequate to receive the waste. The Division staff may, when appropriate, provide one written determination that covers all local permits for domestic sewage projects with total increased flow to a particular treatment works less than a specified amount and which are issued within a specified period of time not to exceed 60 days. e'er sv permit for addiortaj wastewater if the Teceivin wastew� meter treat -men; is 1n noncom w* •w_.�. 15A NCAC, 2H .0219 has beer amended with changes as published. in 7:e7 NCR 4$7-444 as follows: .0219 .MLN"LMUNI DESIGN RE.QU . S (a) All facilities requiriig. a permit pursuant to this Section shall be designed follow -in, good engineering practice -. The plans and specifications ail projects must be sealed by a Professional Engineer. Theonly exceptions..frorn the Prolessionai (b) Wasce„ including treated waste, shall not be placed directly into, or in .contact with, GA classified groundwater unless such placement will not result in a contravention of GA mundwatei- standirds, as demonstrated by predictive calculations or modeling methods acceptable to the Director. (c) impoundments, trenches or other excavations made for the purpose of storing or tleatin g waste will not be excavated into bedrock unless the placement of waste into such excavations will not result in a contravention of assigned standards, as demonstrated by predictive calculations or modeling methods acceptable to the Director. (d) The bottoms of earthen impoundments,trenches or other similar excavations with the exception of nitnEcarion fields, infiltration systems, and sewer line excavations shall be at least four feet above th.e bedrock surface,. excepr that the bottom of excavations whichare less than four feet above bedrock shall have a liner with a hydraulic conductivity no greater than 1 x 10-7 centimeters per second. Liner thiclmess will be that thickness necessary to anliieve a leakage rate consistent with the sensitivity of classified goundwaters. Separation distances or liner requirements may be reduced if it can be demonstrated by predictive calculations or modeling methods acceptable to the Director, that construction and use of these treatment and disposal units will not result in contravention of assigned standards. (e) Waste shall not be applied or discharged onto or below the land surface when the vertical. separation between the waste and the seasonal high water table is less than one foot. If the area Ls to be utilized for industrial was g and has a separation of less than three fe,en and in other areas as designated by the Director, a demonstration must be made using predictive calculations or modeling methods, acceptable to the Director, that such placement will not result in contravention of classified groundwater standards. (f) Treatment works and disposal systems utilizing earthen basins, lagoons, ponds or d-enches, excluding nitrification fields, infiltration. systems, and holding ponds containing non- industrial treated effluent prior to spray irrigation, for treatment, storage or disposal shall have either a liner of natural material at least one foot in thickness and havinga hydraulic conductivity of no greater than 1 x 10-6 centimeters per second when compacted, or a synthetic liner of sufficient thickness to exhibit structural integrity and an effective hydraulic conductivityno greater than that of the natural material liner. (g) Except as otherwise provided by these requirements or by terms of a permit, all ,vaste treatment, storage and disposal facilities must maintain and operate a groundwater monitoring system as approved by th.e Division.. The monitoring system must be designed to assess the impact of any discharge on the quality of the underlying. groundwarers and must be based on the results of the hydrogeologic investigation. (h) For pumping stations: (1) no by-pass or overflow lines; (2) multiple pumps shall be provided capable of pumping at a rate of 2.5 Ernes the average daily flow rate with any one pump out of service. Pump-on/Pump-off elevations shall be set such that 2-8 pumping. cycles per hour may be achieveti in the pump station at average flow. If extended detention times are necessary due to phased development, the need for odor and corrosion control must be evaluated by the applicant; of the following shill be euired. A) dual source or standby power supply on site o (B) telemetry systems with sufficient numbers of s for distribution or, (C) approval by the Director that the pump station: (i) serves a private water distribution system which has automatic shut-off at power failure and no elevated water storage tanks, and (ii) has sufficient storage capacity that no potential for overflow exists, and ) is connected to facilities that can tolerate septic wastewater due to prolonged detention or; tt (4)- fir screened vents (5) high water audio and visual alarms; (6) protection from a 100 year food; (7) restricted access to the site and equipment. (8) all-weather roadway to the site;. For sewer systems and sewer system extensions:. (1) All building drains and building sewers which are approved by the Local building inspector in accordance with the North Carolina Building Code are deemed to be permitted by the Environmental Management Commission; () All sewers shall be designed based upon at least minimum standards which include: (A) wastewater flow rate at design loading should result in the sewer flowing approximately half full. The sewer must also be evaluated as to its ability to carry peak loadings; (B) a velocity of two feet per second; (C) construction and operation shall not result in water pollution; (D) infiltration rate Limited to 200 10gallons per day per inch of pipe diameter per mile of pipe (E) cons-:cdon and operation consistent with all applicable local ordinances; (F) for public gruvipv sewers, a minimum eight inch diameter- pipe.nd for private dby gene and personnel (G) minimum separations (i) Storm sewers (vertical) 12 inches (h) Water mains (vertical -water over sewer) 18 inches or (horizontal) 10 feet In benched trenches (vertical) 18 inches (iv) Any private or public water supply source, including any WS-I waters or Class I or Class II impounded reservoirs used as a source of drinking water 100 feet (v) Waters classified WS-1, WS-II, WS-III, B, SA, ORW, HOW, or SB [from normal high water (or tide elevation)} 50 feet (vi) Any other stream, lake or impoundment 10 feet (vii) Any building foundation 5 feet ("di) Any basement 10 feet (ix) Top slope of embankment or cuts of 2 feet or more vertical height 10 feet Drainage syst f1i (II) Ground water love feet surface drainage ditches 10 feet (xi) Any swirnrning pool 10 feet ( ii) Ferrous sewer pipe with joints equivalent to water main standards, shall be used where these minimum ssepararions cannot be mains ned. The rrun'unum separation shall however not be less than 25 fee: from a private well or 50 ft from a public water supply well. (I three feet rriinimurn cover shall be provided for all sewers unless ferrous material pipe is specified.. Ferrous rrnaterial pipe or other pipe with proper bearing to develop design supporting strength shall be provided where sewers are subject tot -affrc bearing loads; (1) the rna irnum separation between manholes shall be 425 feet unless written documentation is submitted with the application that the owner/authority has the capability to perform routine cleaning and tnairttenance on the sewer at the specified manhole separation; ;1) drop tranholes shall be provided where nvert separadons exceed 2.5 feet„ MIS) manholes shall be designed, for 100-year flood protection; ;1) The need for ri air relief valve shall beprovic'ti at all high points along force maim (M) odor and corrosion con7o1 must be san,sfactoriiy addressed by the applicant for all sewers and force mains with extended cave1 times. For tr-eatrnent works and disposal systems: (1) no by-pass or overflow lines; (2) multiple pumps if pumps are used; (3) at least one of the following: (A) dual source/dual feed or utorrtatically activated standby power supply on site, capable of powering all essential treatment components under design conditions or, (B) approval by the Director that the facility: (i) serves a private water distribution system which has automatic shut-off at power failure and no elevated water storage tanks, and (ii) has sufficient storage capacity that no potential for overflow exists, and (iii) can. tolerate septic wastewater due to prolonged. detention w r w w t v w �~ lassifierl n would demonstr ate'that an „air would not be needed, (4) protection from 100 year flood. (5) buffer zones ©fat least the following distances, and greater where necessary to comply with Section 2H .0400 of this Subchapter or to address particular site or waste characteristics (A) Any habitable residence or place of public assembly under separate ownership or which are -is to be sold: (i) for spray irrigation systems (application area not covered by 2H .0219(k) (ii) for surface sludge -residual application (iii) for subsurface slude- injection (iv) for facultative lagoons (v) for activated sludge plants or surface sand filters fvi) for sail remediatian__ ite_ w 400 feet 400 feet 2©0 feet 400 feet 100 feet 100 feet. (B) Any private or public water supply source (C) Streams classed as WS I , orB: subsurface disposal .on -discharge surface disposal ex on vstems dSAorS13 r high rate n systma 100 tee, 50 feet 200 fee t from mean Any other stream, canal, marsh, or coastal waters; high ~Voter (i) for subsurface disposal (ii) for non -discharge surface disposal eecep1 for high rate inv;waerzs (i) high rate infiltration System 100 feet. 200 feet 50 feet (F) Any Class I or Class 111 impounded reservoir used as a source of drinking water. v ysterns n sv (G) Any other lake or irrtpoundment. (i) for subsurface disposal (ii) for surface disposal except for (H) Any building foundation except trentmetrt fa (i) for subsurface disposal (ii) for surface disposal Any basement: (i) for subsurface disposal (ii) for surface disposal (I) Any property line; (i) for spray irrigation (ii) for other surface disposal systems (iii) for subsurface sludge residuals, injection (iv) for other surface treatment systems (v) for other subsurface systems (vi) forsoil rernec iation Sites 50 feet 100 feet from normal high water 200fe-; n - rm hig 50 fee 100 feet 00 feet 10 feet 15 feet. 15 feet 15 feet 150 feet +- feet feet 50feet 50 feet 50 feet (K) Top of slope of embaril,anen ts or cuts or more in vertical heighti (i) for systems other than rapid infiltration Systems 15 feet (ii) for rapid inAltration systems 100 feet (L) Any water line from a disposal system 10 feet (M) Drainage systems (Ditches. drains, surface water diversions. ec):' (i) Interceptor drains and, surface water diversions (upslope) (I) for subsurface disposal 10 feet (II) for surface disposal other than spray irrigation systems and rapid infiftration systems 10 feet (111) for spray irrigation systems 100 feet (IV) for rapid infiltration systems 200 feet (ii) Interceptor drains and surface water diversions (downslope) (I) for subsurface disposal 25 feet (11) for surface disposal other than spray irrigation systems and rapid infiltration systems 25 feet (rm for spray irrigation systems 100 feet (IV) for rapid infiltration systems 200 feet Groundwater lowering and surface drainage ditches (I) for subsurface disposal 25 feet (II) for surface disposal other than spray irrigation and rapid infiltration systems 25 feet (III) for spray irrigation systems 100 feet (IV) for rapid infiltration systems 200 feet (N) Any swimming pool (i) for subsurface disposal 15 feet (ii) for surface disposal 100 feet (0) Any other nitrification field (except repair area) 20 feet (P) Any well with the exception of an approved groundwater monitoring well 100 feet (Q) Public right-of-way surface disposal 50 feet (6) stiequate flow equalization of at least 25 runt of the fwilities permitted hydraulic vi facilities with fluctuations in influent flow which may adversely affect the performance of the system; (7) preparation of an operational management plan, including restricted access to the site and equipment, and, if appropriate, a crop management plan; (8) except for facilities for single family residences or as approved by the Director, appropriate monitoring wells designed to assess the impacts on the groundwater of any discharge and constructed in accordance with Section 2C .0100 of this Chapter; (9) a_minimup of3D clays of re.sid_ual.holding must be provided, For Land Application. of Domestic Wastewater on Golf Courses and Other Public Access Are.as; (1) Aerated flow equalization facilities with a capacity of at least 25 percent of the daily system design flow. (2) All essential treatment -anlispes& units shall be provided in duplicate. (3) The treatment process shall produce an effluent with a monthly average TSS of less than 5 m.gil and a daily maximum TSS of less than 10 m.g/1 and a maximum fecal pond. -ere must be no public access to the five-day detention pond. .e lze of Ltthe-anv irrigation pond, that follows the five day holdir feed using a mass water balance for worse case conditions of utomatically activated standby power source or other means to properly treated wastewater from entering the five-day detention provided. (7) Requirements for the lining of the five-day detention and irrigation, shall be sire -specific„ c. (9) sae design of titer no distribution sv, rate of applica er uertce and 11Signsshall be wastewater. (2)Triere shall be on call 24 hou l) Wastewater Flow a- the nearest dw posted at the a certified of rs/day. Rates: , prior to sprinkler system, - re ss-'ronnecnons to a potable water supply it s no s its on n). shall be site -specific. g pond, snail be tcord, prevent pond shall be ;onds,, °hich may adve buffer zone between the edge of spray that We course is irga . d with seated of a class equivalent to the class .-.-tan laccL_t_Lirsi (1) In determining the volume of sewage from dwelling units, the flow rate shall be 120 gallons per day per bedroom. The minimum volume of sewage from each dwelling unit shall be 240 gallons per day and each additional bedroom above two bedrooms will increase the volume by 120 gallons per day. Each bedroom or any other room or addition that can reasonably 4y, t& expected to function as a berm shall be considered a bedroom for design purposes. When the occupancy of a dwelling unit exceeds two persons per bedroom, the volume of sewage shall be determined by the maximum occupancy at a rate of 60 gallons per person per day. (2) The following table shall be used to determine the minimum allowable design daily flow of wastewater facilities. Design flow rates for establishments not identified below shall be determined using available flow data, water -using fxrures, occupancy or operation patterns, and other measured data. Type of Establishments Airports, also RR Stations, bus terminals. (not including food service facil r.ieni Barber Shops Bars, Cocktail Lounges (not including food, services) Beauty Shops Bowling Alleys Businesses (other than those listed in this table) Camps Construction or work camps Summer camps Camp grounds Without water and sewer hookups Daily Flow For Design 5 gal/passenger 50 gal/chair 20 gal/seat 125 gal/booth or bowl 50 gal/lane 25 gal/employee 60 gal/person 60 gal/person 100 gal/campsite Travel trail er/ec eational vehicle park with water and sewer hookup Churches (not including food service, day care and camps) Country Clubs Resident Members Nonresident Members Day Care Facilities Factories (exclusive of industrial wastes) -- per shift Add for showers -- per shift Food Service Facilities Restaurants (including fast food) 4-hour Restaurants Single -Service (exclusive of fast food) Food Stands (1) Per 100 square feet of total floor space (2) Add per employee Hospitals Laundries (self-service) Marinas With, bathhouse Meat Markets (1) Per 100 square feet of total floor space (2) Add per employee Motels/Hotel with cooking facilities in room Nursing/Rest Horses -- With laundry Without laundry Offices — per shift Residential. Care Facilities Resort (gam., condominiums_ apartments mgtei , hotels) Restaurants Schools Day Schools With cafeteria, gym, and showers With cafeteria only With neither cafeteria nor showers B oardin g Service Stations Stadiums, Auditoriums, Theaters, Drive-ins Stores, shopping centers and malls — Note: if food service is included, add 40 gal/seat Swimming Pools and Bathhouses 60 gal/person 20 gal/person 15 gal/person 25 gal/person 1© gal/person 40 gal/seat or 40gal/15ft2of dining area, whichever is greater 50 gal/seat 25 gal/sear 50 gal d chine 1.0 gai/boat slip 30 at slip 50 gal 25 gal 120 gal/room 175 galfroom 120 gal/bed 60 gal/bed 25 gal/person 60 ga Vperson 20 gal/room 40 gal/seat or 40 gal/15 ft2 of dining area (whichever is greater) 15 gallswdent 12 gal/student 10 gal/student 60 gal/person 250 gal/water closet or urinal 5 gal/seat or space 120 ga1l10OO ft2 10 gal/person An adjusted daily se fic‘;v nlay cg7inted upon a snowing that a sewage .systern adecuate to meet actui.il daily water consumption from a facility included in Subparagraph (1) or (2.) of this Paragraph,. Documented, representative data from that tlacility or a comparable facility shall be submitted, consisting of at least 12 consecutive monthly total water consurripd.on readings and daily total water consumption reaciinETS for at least 30 consecutive days of water use. The daily readings shall be taken during a projected peak sewage flow month. Tlhe .adjustd design daily sewage flow shall be determined by taking the numerical average of the daily readings that fail within the. upper 10 percent of the daily readings whet rank.ed in descending order. is7-is- n P m ""i 11) f C P- cts a Mirirnum Rit P- 1 m contaminaled _she incorporatec.1 into the native soils of 'he receiver site_ ivi-i n n hall not occur for at let ieLlrT1 contairej ot1 ipdhafl callse th recvr sitto clas_sit-ie4:1 as a "dedicated - i " thet r' 711i rl t h camplinz,and contaminant anaivtical _procedures approvf D'97' ent. that the I , v,-1 rh u fight h r 1V'T soi s is T in f 'n,7 of nrainino• ,tr I -urn not at Convenn nal Rat soi cont ro ; 17 lication thickin s nni h h 11 uir f rtiliza ion lim'na n ration f h na n t s mi s below analytcal CT;:e(.7; r ' v n ining f r-T- i n anion of nrirn1(7). w wi a. or h v T ALA m nt 1 v h r 'hi n, yentopot r, n f LIyi1QJ1.ppji r D • rail v rsult i n th 'ft w E on, th and hl1 cause the. nless the perrrute Lingan contaminant anaivti crr 1 V r w n lvtic t n 1 ,f Soil Containing Pgtroleurn Prodpct5:. i r- it vl liz c nt " in kn s fl ar r less than1 1.0L7.cmtsecbove th ( e dorn f the containm ▪ h a e feet a sonal high water ate coflectj n Cr. ramjant.ky 1 in r be jysteni must be installed in order to petroleum contaminated soils within the containment avoid accumulation of stormwater within the containment structure. Dl f Re ntamina d o at De cated 'ite . Subse uen uplications o m contaminated soils -at dedicated sites shall until uch d a an be demonstrated by c muuter modelin at additional applications of contaminated 50i iS will not result in e contravendon of any applicable environmental standards. Disposal of her a t'c. lin f a 1eir hick liner of natural material, comp,acted to at n n with o t.Lcabiiitv of (n) Foz; Detrat urr tarrttrlated soils cstatilished bvthe. Division, rns utilizing zing on (aileries: v d'cdicated.sires sh41 core orm v flow direction. Additional requirements: distance between water supply wails and waste facilities in accordance with. Rule 2C .0107(a) of this Chapter or, if a greater area may be impacted, a distance in accordance with the perimeter of compliance described in Rule-5 ubch?Ater 2L of this Chapter, compliance with the groundwater standards spec fled in Subchapter 2L of this Chapter, where applicable compliance with; Res on "coastal waste treatment disposal" found in Section .0400 of this Subchapter, and (4) For subsurface disposal systems, co systems found in conies of these R ve Design tteria may be approved by the Director, This approval will be given in cases where the applicant can demonstrate that the Alternative Design Criteria will provide the following: (1) Equal or better treatment of the waste; and (2) Equal or better protection of the waters of the state; and (3) No increased potential for nuisance conditions. History Note: rules on subsurface disposal 15A s CAC ISA .1900. ion vintnnrl North Carolina .27626 0515, Statutory Authority G.S, 143-21.5.1; 143-2i5.3(a)(1); Eff. October 1, 1987; Amended Eff. _February 1. 1992; August 1, 1988. v NCAC .0220 .0220 .I° Prior to the op whichg.' d nss For faw equipment and a follow-ups cry Note: ON OF CO don of any s has been tided as pub ish 7:5 NCR ON s a accordance g agency a pro essional en sal system n ed in s with p..ed constructionor g a ide t 1, pre on, c canon. Statuto .udio ty G.S. 143 Eft tra, 1, 1987; nd d E. February r a is Section, a that sew the approved plans and :d to operate se a i carman may be 15A NCAC 2H .0222 has been amended as published 7:5 NCR 444 as follows: .0222 THE W NTWORKSEMERGEN (a) In cases in which water quality standards violated or an environmental health threat exists, monies from the Wastewater Treatment Works Emergency Maintenance, Operation and Repair Fund may be used at the discretion of the Director to correct the cause of such conditions. (b) In this, the Director shall: (1) Ensure the fiscal integrity of the fund; (2) Use the fund only as a measure of last resort to protect water quality or public health when all other compliance and enforcement procedures have failed; (3) Limit the use of the fund to wastewater treatment works with design flow capacities of less than or equal to one hundred thousand gallons per day (100,000 GPD); (4) Notify the perminee by certified mail of the intention to take emergency corrective action and to recoup monies spend; (5) Make every effort to recoup fund expenditures, including collection costs, from the parties responsible; an_ct (6) Coordinate use of the fund with the program of the Public Utilities Commission when a permittee is also a regulated utility.-aznd History Note: Statutory Authority (IS. I43-215.3(a); 143-215.3B(c); 143-215.3B(e); Eff. February 1. 1993., August 1, 1988. 15A NCAC 2H . l?23 has been adopted with changes as published in 7:5 NCR a follows: .0223 DEqONSTRATION OF Ft IZ'RE WASTEWATER TREATMENT CAPACITIES In order to insure that treatment systems do not exceed their hydraulic treatment capacities, no permits for sewer line extensions will be issued to wastewater treatment systems owned a QI operated by municipalities, counties, sanitary districts or public utilities unless they meet the following requirements: (1) Prior to exceeding SO percent of the wastewater treatment system's permitted hydraulic capacity (based on the average of the previous a -three months), the permittee must submit an approvable engineering evaluation of their future wastewater treatment needs, This evaluation must outline specific plans for system expansion including the source(s) of funding for the expansion, If expansion is not proposed, a detailed justification must be made based on past growth records and future growth projections and/or on specific plans for the removal of infiltration/inflow. (2) Prior to exceeding 90 percent of the wastewater treatment systems permitted. hydraulic capacity,(based on the average of the previous twe three months) the permittee must submit approvabie final plans and specifications for expansion of the wastewater treatment system including a construction schedule. If expansion is still not proposed, a detailed justification must be made based on past growth records and future growth projections and/ ;r on specific plans for the removal of infiltration/inflow. (3) The Director niay on a case by case basis, until December 31, 1993, allow permits to be issued to facilities that are exceeding the SO percent or 90 percent loading rates if the additional flow is not projected to result in the facility exceeding its permitted hydraulic capacity and it is demonstrated to his satisfaction that adequate progress is being made in developing the needed engineering evaluations or plans and specifications. History Note: Statutory Authority G.S. 143-215.3 Eff. February 1, 1993.� 15A NCAC 211.0224 has been adopted with changes as published in 7:5 NCR 445 as follows: 224 TREATMENT FACILITY OPERATION AND MA TENANCE (a) For facilities permitted under this Section, the permittee must designate an Operator in Responsible Charge and a back-up operator as required by the Water Pollution Control System Operators Certification Commission as established in 15A. NCAC 8A .0202 as- Copies of this Rule are available from the Division of Environmental Management, Water Quality Section, Archdale Building, 512 N. Salisbury Street, P.O. Box 29535 Raleigh, North Carolina 27626-0535 at no charge. (b)In order to insure the proper operation and maintenance of facilities permitted under this Section, the Operator in Responsible Charge, or a back-up operator when appropriate, must operate and visit the facility as required by the Water Pollution Control System Operators Certification Commission as established in 15A NCAC SA .0202 e tons of this -Rule: Copies of this Rule ;ore avattatite tam the Division of Environmental Management, Water Quality Section, Archdale Building, 12 N. Salisbury Street, P.C. Box 29535, Raleigh, North Carolina 27626-0535 at no charge. History Note: Statutory Authority C.S. 143 Eff. February 1, 1993. APPENDIX K PRELIMINARY SOIL AND SITE EVALUATION FOR AN ON -SITE WASTE DISPOSAL AREA BY SURFACE SPRAY IRRIGATION FOR CRESCENT RESOURCES, INC. - PENINSULA SITE IREDELL COUNTY, NORTH CAROLINA by Toney C. Jacobs Consulting Soil Scientist 215 Broadbill Drive Mooresville, N. C. 28115 submitted to: Mr. Dale Stewart, P.E. LandDesign Engineering Services, Inc. 1700 East Blvd. Charlotte, N. C. 28203 copy to: Mr. Stephen Schreiner Crescent Resources, Inc. P.O. Box 1003 Charlotte, N. C. 28201-1003 ©i TO EY C..iACi B5 : z b r CERTIFIED PROFESSIONAL ; e SOU. SCIENTIST ; ik SOC,r,-,�, PRCpF�►, q T.n, CER' #53 r i • • To y C �i cobs, CPSS r i PreliminarySoil and Site Evaluation for an On -Site Waste Disposal Area By Surface Spray irrigation Introduction This report summarizes the activities, observations, data collection, preliminary conclusions, and preliminary recommendations for a proposed spray irrigation waste disposal system for a community sized residential system. This proposal is for surface application, either as surface drip or aerial spray on a golf course proper, adjoining golf course rough, adjoining common areas, and lands in managed timber production. The area is presently used for timber production, both natural and planted, highly managed and high yield stands. The overall area has been in an ongoing harvest cycle for many years. For most of the area, the last forest activities were associated with the cleanup of Hurricane Hugo damage. The spray areas are roughly as indicated on Figure 1. This report is preliminary to a complete and thorough evaluation as described and required in DEM-SIDS 4/91. As planning progresses a close interval grid of backhoe and auger descriptions will be completed. This will include saturated conductivity (Ksat) measurements by the Compact Constant -Head Permeameter (CCHP) similar to that described by Amoozegar (1989) and the Air Entry Permeameter (AEP) Bouwer 1966, to fine tune application rates. This report is both an interpolation of extensive soils work on the Brawley Peninsula and reconnaissance work for planning and development on the site. Figure 2 indicates high input long term projects where I have done extensive soil evaluations over the past 5 years. In each project the Soil Survey of Iredell County (Cawthorn and Jenkins, 1964) was used, checked, and verified. This survey which was done on a 1:15840 scale and has proven to be an accurate and reliable tool from past soils work and used accordingly for these interpolations. The recommendation for an on -site (spray) system is based on a combination of factors, including, but not limited to 1) topography, 2) soil characteristics, 3) wetness conditions, 4) soil depth, 5) restrictive horizons, 6) available space with required setbacks, 7) impact on watertable, and 8) a workable management plan. Generally, some of these conditions, which may limit site use, can be compensated for by changing the system design; however, some factors cannot be rernediated. It is with this philosophy that this report is prepared. This report is complimentary documentation for a design engineered by Mr. Dale Stewart, P.E. Many details which will be a part of that permit request have been omitted from this work, although this work, as well as the design, represent a holistic approach with on -going interaction between Crescent Resources, the engineer and myself. -2- Site The spray fields are to be located in a rural area of Iredell County (Figure 3). All of the spray areas proper are in forest production. The area is served almost exclusively by private wells or small community systems. As a final plan develops, a lot -by -lot investigation will be needed to give accurate information on adjoining wells. Location of wells within 500' is referred to the design engineer. Because of the homogeneity of the receiver site, soils in the disposal area are addressed as a complete unit for this preliminary report. ft must be understood that inclusions will be removed from the wetted area, but are still considered in this report. During the site investigation, topo of the spray area was checked frequently by hand-held clinometer, but complete work will follow. The spray area covers all landscape positions and topography will eliminate some areas from receiving spray in those areas checked. The design engineer will provide an accurate topo of the wetted area. The proposed spray field is approximately 425 acres, There are many old farming terraces remaining to indicate past row crop agricultural activities. Fieldwork will seek to identify old homeplaces and associated wells. Any prior activities (roads, logging roads, logging decks, etc.) will be identified and recommendations made for remediating and use or non-use as applicable. There were several small rock or rock outcrops observed and these will be noted, removed, or excluded from use. The Soil Survey of Iredell County has the area primarily mapped as two soil series with different slopes. Dominant on the north was Cecil sandy loam, 2 to 6 percent slopes, and the south was more Lloyd fine sandy loam, 2 to 6 percent (Figure 4). Lloyd has been renamed Gaston in recent times. Detailed SCS information about each of these mapping units is supplied in Appendix 1. Even though these series change soil orders, they are similar in field descriptions and management requirements. Past pit reviews varied in depth from 4,0 to 7.0 feet. When these pits were terminated, it was possible to get a return as the area has very deep soils. Numerous site specific Ksat measurements have been made in the area. These were performed using the CCHP method. Readings were made in the most restrictive horizons and these are usually lower than those reported by SCS. All measurements reported will be site specific. From these measurements it will be possible to develop more accurate water mounding predictions. At this time it is assumed the Hoopes (1981) method will be used, but this could change. These Ksat numbers are used to establish the drainage portion of the total water - 3 - budget. Using the Ksat calculations, the drainage for the most restrictive horizon, and the 10% permeability rate recommended by EPA, values will be applied and loading rates modified. Composite site specific soil samples will be collected. These will be submitted to NCDA to get both a horizonal and vertical profile of cation exchange capacity (CEC), pH, and nutrient status. Results of the NCDA soil test analysis will be included in final report. Past tests in the area indicate a pH range of 4.5 to 6.0 and CEC of 2-6 meg/100 cm3. The subsoil, where the greatest clay content will be found, is expected to have the highest CEC. Fertility recommendations from NCDA with a specific request for specific crops will be used. Areas with golf turf, grass, or trees will be identified separately. A recommendation for lime and additional fertilizer will follow. Because of exacting fertilizer needs on the golf course, ongoing monitoring of treated irrigation water will be necessary. This will come from both required DEM analysis and NCDA waste test. This will require ongoing tests and evaluations to best manage nutrients and the water resource. Summary of Site Re Qmmendations The spray site has associated surface waters which must use a 100 ft. setback from the proposed spray fields, but this does not affect sufficient available usable area. Wells will be located in the engineering plans, but none have been found or are expected within 100' of the wetted area. The area contains broad interfluves and linear slope landscape positions with suitable soil. The greatest variations occur in solum thickness caused by past cultural activities and topography. There are a few minor inclusions of soils formed from basic rock minerals and these may be loaded lower than the predominant soil group. There are also deeper better drained areas which can and should be loaded at a higher rate. A water management plan will have to be developed after more extensive soils work. This soil has the necessary saturated hydraulic conductivity to move drainage water during the winter when ET is at a minimum. The sum of ET and drainage is greater than rainfall and a conservative loading of 0.3 to 1.0" per week. All calculations to recommend these numbers are conservative. A mean rate for winter should be approximately 0.5°' per week. This conservative approach was discussed and agreed to by the developer to get the maximum utilization of the wastewater. It should be noted that for most of the year the renovated water will not meet the demand of the golf course. By adding spray areas there will be additional investment in supply lines and sprinkleheads, but this should increase forest production and enhance environmental safety. Adding timberland for spray was part of the developers total area plan. A very important consideration to any system operation is depth to a confinement or a wetness condition. There are no major indications of a seasonal -4- watertable in the area, and conservative design should eliminate this as a concern. The spray fields in the golf course will be shaped and maintained for maximum aeration and filtration. In the timber areas some shaping may be required to eliminate any micro surface depressional areas. This forested area should be intensively managed to maintain the forest floor for maximum water infiltration. This shaping should be maintained beyond the wetted perimeter where possible. This preparation should include minor fill with hauled in soil rather than a denuding of existing surface soils. It is very important that no depressions be left on the surface. Two important factors of concern in spray field design are rainwater additions which do not readily run off, and subsurface lateral flow. Because of landscape position, drainage swail interceptor ditches may be required on this site. As a need is identified, they can be designed or maybe added afterwards without disturbing the wetted area. Infiltration of high intensity rainfall events into the surface horizon should be naturally slow because of texture and slope. It is recommended that soil, wastewater, and receiving vegetation be analyzed once each year. This would help with waste management. Such tests are consistent with BMPs. By using NCDA labs, costs are also very reasonable. Interpretation of results should be by a consultant or specialist from the N. C. Agricultural Extension Service. General Comments 1. Varied but good landscape positions. Design uses a wide aerial window on many slopes and landscapes. This includes numerous topo sequences with no long continuous lineal slopes. Water will not be concentrated into one sub -basin 2. Good aspect to promote solar radiation and enhance evapotransporation. Open area of lake to increase air flows and increased ET. 3. Past Ksat measurements indicate a profile with sufficient conductivity for conservative loading rate of 0.5-1.0"/week loading in winter. This loading rate should always give an unsaturated flow regime. Initial or planning irrigation frequency from recommended SCS Technical Guide Section II-G (Appendix 2). This will have to be fine tuned in final report. System operator should evaluate and adjust to antecedent moisture and infiltration conditions observed after system is established. Use of large wet weather holding pond will enhance workability. 4. With a system of this size, there should be a periodic sampling of soil fertility, plant vegetation (plant tissue analysis), wastewater being added, and watertable. The head greens keeper for the golf course will aggressively do this to maintain 5 his turf. Because of possible interaction of each of these factors on the forestland, a third party sampling by a soil scientist or forester could be advantageous for promoting system longevity and workability. 5. Interpolating from longterm precipitation isohyet for N. C. (Fig. 5) has annual rainfall near 44 inches per year (Elder et al, 1983). Proposed is an additional 59 percent increase for the wetted area over a year period. This is at the 0,5" rate. Until construction, the site should be maintained as is. There should also be special conditions imposed on the contractor installing the spray field. This includes prohibiting any work while the site is wet. Attention should be given to avoid the disturbance of soil structure by working while soil is too wet. Any field preparations should be stabilized as quickly as possible with mulch to reduce erosion as areas are disturbed. Thank you for the opportunity to be of assistance with this project. If questions arise about this report, please do not hesitate to contact me. REFERENCES;C1T oozegar, 1989. A Compact Constant -Head Perrneameter or Measuring Saturated Hydraulic ndu tivi of the Vadose n . Soil Science Society of Arn. J. 53:1356-1361. Bouwer, H. 1966. Rapid field measurement of air -entry value and hydraulic conductivity of soil as significant parameters in flow system analysis. Water Resources Research 2:729-73& yarn, J.W. and VS. Jenkins 1964. Soil Survey of lr d ll County, USDA Cons a on U.S. Government Printing Office: series 1960, No. 14. Elder, B., J.M.a fid and P.J. Robinson. 1983. Varzation ire ntlt r ecipitation Over North Carolina. IV ReportNo. 15. Hoopes, J.A. et.al. 1981. Modeling pollutant movement in groundwat r in high rate sail absorption system HRSA Task Force final report, 1984. Minnesota Pollution Control Agency, asvill, Minn. F"PLI c'.aT10N r'E2as Project M ip Toy C.Jacobs, CPSS 215 Broadbil'I Drive Mooresville, N.Cm28115 Areas of previous intense soil evaluations Toney C. Jacobs, CPSS 215 Broadbill Drive Mooresville, N.C.28115 Figure 2 Curren MEAN ANNUAL PRECIPITATION Rainfall Isohyet Toney C. Jacobs, CPSS 215 Broadbi.11 Drive Mooresville, N.C.2811.5 1 Figure 5 A /I APPENDIX soils interpretive data irrigation design criteria NC0018 SO I L 1 NT ERPR ET A T I0N5 RECORD Al HLRA(S); 136, 148 REV. RAC,OLN, 5-84 TYP1C HAPLUDULTS, CLAYEY, KAOLINITIC, THERMIC =ft. SERIES THE CECIL SERIES CONSISTS OF WELL DRAINED NEARLY LEVEL TO STEEP SOILS ON PIEDMONT UPLANDS. TYPICALLY THESE SOILS HAVE A SANDY LOAM SURFACE LAYER ABOUT 7 INCHES THICK. THE SUBSOIL IS DOMINANTLY RED CLAY AND CLAY LOAM 43 INCHES THiCK, THE UNDERLYING MATERIAL IS MULTICOLORED, LOAMY SAPROLITE OF ACID CRYSTALLINE ROCK. SLOPES RANGE FROM 0 TO, 25 PERCENT. DEPTH] (IN.}1 0-7 IGR- 0-7 ISCt, Cl. 7-1115Ct, CL 11-50IC, CL 50-751VAR USDA TEXTURE 11N.11(PCTII DENSITY 1 (C/CN3) 0-7 I 5-2t11,30-1.50 0-7 I 5-2011.40-1.60 0-7 120.3511.30-1.50 7•11120-3511.30-1.50 11-50135-7011.30-1.50 50-751 1 R QTR.. NONE UNIFIED • SW.SC , SC, CL, ML . SC, ML, CL MH, ML,, CL 1 I , AASHTO 1 1A-2 IA-4, A-6 IA-4, A-6 IA-7, A-5 BILITY • IWATER CAPACITY1REACTIONI( (IN/HR) 1 (IN/IN) 1 (PH 2.0-6.0 f 0.12.0.14 -14—.1"":" . 2.0-6.0 I 0.07-0.09 14.5-6.0 1 0.6..2.0 I 0.13-0.15 14.5-6.0 1 0.6-2.0 1 0.13-0.15 14.5-6.0 I 0.6-2.0 I 0.13-0.15 14.5-5.5 I (FT) r SANITARY FACILITIES (B) 0-816t HODERATE-PERCS SLOWLY 1SEPTIC TANK 8-1511: 1.100ERATE-PERCS SLOWLY,SLOPE ABSORPTION 15+%: SEVERE -SLOPE FIELDS SANITARY LANDFILL (TRENCH) HODERATE-SEEPACE 2-7161. KODERATE-SEEPAGE,SLOPE 74-14: SEVERE -,SLOPE SANITARY LANDFILL (AREA) DAILY COVER FOR LANDFILL SHALLOW EXCAVATIONS DWELLINGS WITHOUT EASEMENTS DWELLINGS WITH BASEMENTS SMALL COMMERCIAL BUILDINGS TE-SLOPE,T00 CLAYEY SEVERESLOPE )3 INI THAN 3" PASSING SIEVE NO. (PCT)I 4. 1 10 I 40 1-7557-- 0-5 1-84100-80-100 67-90 26-42 5-15170-95 55-85 40-75 13-30 0-5 174-100 72-100 68-95 38-81 0-5 174-100 72-100 68-95 38-81 0-5 197-100 92-100 72-99 55-95 SWELL IFACTORSIEROD. POTENTIAU X 1 T ICROUf P LOW I. LOW LOW 1. LOW 1.281 DNESS1DEPTH IHARDN LIMIT C 30 (22 21-35 21-35 41-80 MATTER I PCT1 - I .5-2 1 - I .5-1 I rLP- TICITY INDEX 14P-6 MP-.4 3-15 3-15 9-37 PI FROST I ACTION 1 60 1 1 1 l B 1" I CONSTRUCTION MATERIAL IB) ------1-FAIR-LOW STRENCTN f 1 SAND 11 11 GRAVEL 0-BA: SLICHT 8-1514: MO0fRATE-SLOPE 15A: SEVERE...SLOPE BUILDING SITE DEVELOPMENT (8) -13‘ -1406EUTE-160 CLAYE(8-15 NODERATE.T00 CLAYEY,SLOPE 15-4: SEVERE -SLOPE 0-6 : 8-154: MODERATE -SLOPE 15.4: SEVERE -SLOPE 11 II TOPSOIL 11 EMBANKMENT DIKES AND LEVEES EXCAVATED 11 PONDS IIAGIUIFER FED It 0-8ST SLICHT 8-154: MODERATE -SLOPE 15.4: SEVERE -SLOPE -11-4%; SLICNT- 4-8N.: MODERATE -SLOPE 8+4: SEVERE -SLOPE LOCAL ROADS AND STREETS 11 II DRAINAGE IRRIGATION -EXCESS FINES E-EXCESS 0-1546: POOR -MIN LAYER 15+4: POOR -THIN LAYER,SLOPE 5EWRt-NO WATER —07774T-M01IA LE 3+%: SLOPE 0- et : 1W013E RAT E- LO STRENGTH l 0-EN: TA (Amur 8-154: MODERATE-SLOPE,LOW STRENGTH 15+4: SEVERE -SLOPE ,FSL,L,S LANDSCAPING 1 CA: SEVERE - AND GOLF FAIRWAYS TERRACES 1 BA: SLOPE AND DIVERSIONS 0-64.: FAVORABLE GRASSED 1 8+4; SLOPE WATERWAYS Al NC01711 S 0 1.1. I•N T E R P R E T A T I u N 5 R E C O R D MLRA(S): 136 REV. IYEI,RAG, 1-87 NUMIC HAP'LUOuLTS, CLAYEY. NIXED, THERMIC THE GASTON SERYLS CONSISTS Of TELL DRAINED NEARLY MATERIAL RE4TH/RED FROM NIAED ACHY AND BASIC CMYSTALL CLAY LOAM,, 5 16101E5 THIGX . THE SU8 0II lb 52' INCHES THICX. PART, AND REU CLAY LOAM IM THE LOWER PART. THE UNDERLYING WATER YELLOWISH BRUNN 'SAPROLITE THAT HAS A LOAM TEXTURE, SLOPES RANGE I(1N.y{G USDA TEXTURE I UNIFIED 1 I, 1 I. 0-6 .IL, F5L LSFi, EMI , CL-44L 1, 0-6 ICL, 5CL, ICL, SC, CL-ML, {- 6-47.IC, CL ICL, CI1, ML MN 147-571CL, SC1, L ICL„ SC -167-72IYAR i.. .4 1 alm. 9HTCaY 1140151 I4UL.KI. PtAMEA- .I, .61114.)1(PCT)I,0ENS{TY 1=BILITY IMATER CAC Y b L I (GIPt13) 1 (INI j Y (IN/IN}} {.0-6 L15-2711.20-1.50 1 .0=6.0 IG I41,144.18 15 I 0-6 120-4011.30-1.604 0.6-2.0 1 0.12-0.16 .1+6-47.185-7011.30-1.60 1 0.6.2.0 1. 0.12-0.16 IM7.571.T0-4011.30-1.60 10.E-2.0' IG 0.10-0.15 157-721 I 4 1 I I 1 ..N10001 1 2-711 MODERATE-SEEPACiE,;w LOPE 17+1; 1 1. 0-1511 SEVERE -IOU I. LATEt Y 1 15044 SEVERE•SLOPt.T00 CLAYEY L 1� l 1. AASHTO 2, A-4 A-4, A-6 IA-7 IA-4. A-6, A-7 11 3, Eli SLUM 11 1.6-15%1 MODERATE -SLOPE II 115H1 SEVERE -SLOPE 64$ TOPSOIL I II 1 II 10-15'E: POOR-T00 1Y ik TO PAt1C- II 115+1i POOR-T00 CLAYEY,MAR© 10 PACM,SLIIIPE II .4. I• GASTON LARILS STEEP SOILS ON PIEDMONT WINOS. 1HtY FUNNED IN LLY THE SURFACE LAYER I5 DARK REUOI5H I1440iN SANQIY RLV CLAY IN THE UPPEN PANT, IEEU CLAY IN TINE MIUULE i0 A DEPTH OF 72 INCHES IS RED, YELLOWISH RED, AN0 0 TO 25 PERCENT.. BUILDING {. I 0-8%i-N00 .I. SHALLOW 1 8-156$ MO GIEZCAVAT1O145 i..1.5+11 SEV .I. I 1 1 I.0-86s IK10ETi7iTE-SHRIRR-SWELL 4. DWELLINGS I I-15%1 MODERATE-SLIIPE,SN81118I-SME42. 1. MIAOW ,IG 15+11 SEVERE -SLOPE 1 'BASEMENTS I 1, 1 I 1 0-841 610446RATE-ST11T{Iil(-Moi C 1 UMELLII4CS 1 8-154r MODERATE-SLOPE,SIIRIN*-SHELL I I1TH 1.15+1s SEVERE -SLOPE J. BASEHEENTS I 17(IL145, I, 0-841c SLIGHT LAI13SCAPIMG 1 6-15111 NO0ERATE-SLOPE 1 AMU GOLF 11501$ SEVERE -SLOPE fAIRMATS 1. . 1 GICSIAL INTL**. 1. PtKLENT Of' MATERIAL LL55 1L1 THA1( 3"' PASSING SIEVE No, I LIMIT ITICIUYI 0 1200 I WOE,* 1 30-7S 1 )I1 114}'-7 —I 36-75 1 25-40 15-20 4 1 0-5 195-100 '90=100 80-9id 65-90 1..0-75 112-37 I 1 0-5 190-100 V4.1171i 75-95 36-75 125-50 17-23 1 ` IER00.1MATTEt4 1 T ICI (PTT7 I STF E RATER MANAGEMENT (A) 11 I 0-144 M00ERATE-SLEFAGE IT POND 13-84$ MODERATE-SEEPACE,SLOPE II RESERIPOIIR 1 BAN 1 SEVERE -SLOPE II- AREA I SNkinr.LER for PIEDMONT AND COASTAL PLAIN AREA OF NORTH CAROLINA Group : Index : No, Soil Type and Description :Avai ab'�e ec©m' named aximum: :Average:Moisture : Application Rate Soil Holding : are Cover : Depth :Capacit:(In/Hr) : (In/Hr) . (Ft. In . -(3) 4( (6) ;well drained soils of the :Piedmont uplands with loamy sur- : :face layers and firm clayey sub- : :soils. :Bradley :Cecil :Georgeville :Herndon :Lloyd :Madison :Nason :Pacolet :Tatum :Wadesboro :W'e11 drained soils of :Piedmont uplands with sandy :surface layers and firm clayey :subsoils. :Appling :Chesterfield :Mayodan :Wedowee 4 : De Crops Locally Grown Mo 2/ :Replacemen (Ft.) (71 (8) .40 :Alfalfa 2.5 :Cotton 2.5 :Corn, field 2.5 :Gladioli 1•0 :Ladino Clover 6 Grass, : :Summer Perennials or : Mixed Hay :Nursery Crops, 1st yr, : :Nursery Crops, 2nd yr. : :Orchards (bare) :Orchards (cover) :Peas, field :Small. Grain or Soybeans: :Vegetables, Group 1 :Tobacco :1.2 .35 : .45 :Alfalfa 2.5 1.92 . .24 8 . 2,55 2.1 :Cotton 2.5 2.00 a .20 10 : 2.65 ;Corn, field 2.5 1.98 .22 9 2.65 1.0 .56 .75 3.1 _ n .14 4 . 4.0 :Gladioli . 4,7 :Ladino Clover A Grass, : 3,0 :Summer Perennials or Mixed Hay :Nursery Crops. 1st yr. : :Nursery Crops, 2nd yr, : :orchards (bare) :Orchards (cover) :Peanuts :Peas, field :Sweet Potatoes :small Grain or Soybeans: :Tobacco Vegetables, Group 1 :Vegetables, Group 2 :Vegetables, Group 3 :Vegetables, Group 4 :ure to: :be Replaced;"De by Each :Mositu Irrigation:Use Ra (In.) CtiT IONS ation:Apo requency : tion for Peak :Amount,/ e:Use Period:(In.) 1.4 : 2.3 3.3 4.2 0 : 5.0 1.5 1.0 2.0 3.0 3.0 1.5 2.0 1.0 1.5 1.5 1.0 2.0 3.0 3.0 2.0 1.5 2.0 2.0 1.5 1,0 1.5 1.5 2.0 2.16 2.00 2.20 .70 1,20 .80 1.62 2.40 2.40 1.08 1,62 .70 1.08 1.20 .64 1.62 2.40 2.40 1.62 1.08 1.54 1.62 1.08 .56 .98 1.08 1.62 .24 .20 .22 .14 .24 .16 .18 .20 .24 .18 .18 .14 .18 .24 .16 .18 .20 .24 .18 .18 .22 .18 .18 .14 .14 .18 .18 (Continued) Sheet 2 9 10 10 5 • 2.90 2.65 : 2.95 .95 5 : 1.60 5 : 1.05 9 : 2.15 12 : 3.20 10 : 3.20 6 1.45 9 : 2,15 5 .95 6 : 1.45 5 : 1,60 4 .85 9 : 2.15 12 : 3.20 10 : 8.20 9 : 2.15 6 : 1.45 7 : 2.05 9 : 2,15 6 : 1.45 4 .75 7 : 1.30 6 : 1.45 g : 2.15 APPENDIX L LAND APPLICATION TECHNOLOGY Department of fl North C rolina Cooperative Extension Service NORTH CARcit.,NA STATE. UNIVERSITY COLLEGE OF A(JRI ULTV.`RF &. LIFE sCIENCIS grad Ai iLuitut M. Dale C. Stewart Vice President Land Design Engineering 1700 E. Boulevard Charlotte, NC Dear Mr. Stewart: APPENDIX L 5 Raleigh, NC 76695.76 5 • 515. i75 . FAX, 1919) 515.6772 January 21, 1994 Re: Slow Rate Spray irrigation System Operations in outbeastern United States The policy of both the federal and state regulatory agencies has been to encourage the beneficial reuse of resources whenever possible, Wastewater must be considered as a resource which can be reused effectively, This philosophy is driving the wastewater management, waste management, and municipal solid waste management industry throughout the United States, and especially in the southeastern part of the United States, Recently, the United States Environmental Protection Agency issued a document entitled, "Guidelines for Wastewater Reuse.'" in this document. the Environmental Protection Agency listed numerous options for water and wastewater reuse. Among the options listed for water reuse are; 1) urban water reuse 2) agricultural reuse of treated wastewater 3) recreational reuse of treated wastewater 4) habitat restoration with treated water and wastewater 5) ground water recharge This United States Environmental Protection Agency document is available from; U. S, EPA CERI Cincinnati, OH Further, the State of North Carolina, Division of Environmental Management, encourages the reuse of treated wastewater whenever possible. The state requirements for any water reuse or wastewater irrigation system are listed in the .0200 Regulations which have been issued by the state, These regulations do address nonlaoint wastewater discharge treatment systems such as slow rate spray irrigation systems or rapid infiltration systems. There are many slow rate spray irrigation system operations in all regions of the state Slow rate spray irrigation systems have been used to handle municipal, domestic, industrial and Ftrrplayincnt prngram are 3tferci t 9 TM North C t:in:1 Sttrte'U,niver A&.T State r e C4 C. nariouad origin. seA, ago car epartrtrettt or AKric:uiture, and 1nra1 goveacmiGc°tts r0r>rkr, g• Mr, Dale C. Stewart Page 2 January 21, 1994 agricultural wastewater, A table attached lists several facilities which are in operation in various regions of the State of North Carolina and in several southeastern and eastern states. The table lists the facility by name, the approximate capacity of the municipal facility, the crop used to treat and renovate the domestic or municipal wastewater applied, and the approximate year in which the facility began operation, The purpose of any slow -rate spray irrigation system is to apply liquid at a rate that is consistent with the ability of the site, soi(, and vegetation to treat and renovate each component of the wastewater stream, This implies that no constituent is applied at a rate that wII adversely impact environmental quality, The components or constituents In a waste stream which must be examined include: 1) the hydraulic load or the actual volume of wastewater to be treated 2) the nutrient loadings measured as 3) organic loads generally measured 4) salt loadings 5) the potential application of selected heavy metals to include lead, zinc, nickel, copper, cadmium, molybdenum, arsenic, selenium, chromium and mercury There are several systems which have been in operation in North Carona since the mid 1970's or early 1980s. With almost 20 years of experience with the design, installation, and operation of slow rate spray irrigation systems, North Carolina has been a leader In the use of these nonpoint source wastewater treatment and disposal facilities for managing municipal, industrial and domestic wastewater. In the late 1970's, the entire Chowan River Basin was declared nutrient sensitive by both state and federal regulatory agencies. Land treatment systems were used exclusively as a Means to remove the point source input of nutrients into that river system, These slow rate spray irrigation systems have been very successful in achieving the goal of point source removal of nutrients from the Chowan River system, Each slow rate spray irrigation system must be operated and maintained by a certified wastewater treatment plant operator. This individual must have experience with the agricultural or silvicultural operations specific to that wastewater treatment facility. The system does require an active monitoring program. The monitoring required Includes the analysis of soil, vegetation, the wastewater applied, ground water, and frequently adjacent surface water. These monitoring results are submitted to state regulatory agency personnel to ensure that the slow rate spray irrigation system does remain in compliance with state and federal guicleilnes. Annual reports must be submitted to the state and frequently monthly reports are also required, nitrogen, phosphorus and potassium; as biochemical oxygen demand, Mr. Dale C. Stewart Page 3 January 21, 1994 The experience in North Carolina with slow rate spray irrigation systems has been very positive. With proper design, installation, operation and monitoring, slow rate spray irrigation systems have proven to be environmentally sound and economically attractive alternatives for managing wastewater in a manner that protects public health and improves environmental quality. Several facilities have now been placed into operation which utilize treated wastewater for irrigation of golf courses and other common use areas. These nonpoint source wastewater management activities will continue to be utilized as receiving streams become more and more sensitive to input from municipal, stormvvater, agricultural and silvicultural activities. I hope this information is helpful to you, if may be of additional help on this yr similar projects, please feel free to contact me at the letterhead address above or directly by telephone. Sincerely, A. R. Rubin, Extension Specialist and Associate Professor ARR:wm encl. City oaf Edenton City of Woodland City of Murfreesboro City of Shallotte City of Liberty City of Waxhaw City of Garner TABLE 1. Slew Rate ,Spray Irrigatf©Systems Size Crop .2 MOD MMGD MGb .08 MGL3 1,2 MGO 7 MGD sture/Forest udagrass Pasture/Forest Pasture/Forest Pasture/Forest Forest Forest Forest Year Operational APPENDIX M Part 2A. Registration of Water Withdrawals. and Tran.sfer.s; Regulation. of Sur -face Water Trarisfes. § 143-215.22g. DefinitionsIn :., addition to the definitionz .set fsrth in G.S. 143-212 and G.S. 143-'213 the following definitioris apply to this Part. (1) "River basin" mearis any of the following river basins de.si.7- noted an the map entitied "Major River Basins and Sub - basins. in North Carina" and flied in the Office of the Secreta.ry of State on 16 April 1991: a. 1-1 Broad River, b. 2-1 I -Law River. c. 2-2 Deep River, d. 2-3 Cape Fear River, e, 2-4 South Riv4--r, 2-5 ...Nheast. Cape Fear River, 2-6 New ,Rivi. er. 3-1 Catawba R.iver. i. 3-2 South Fork Catawba RiverJ. . 4-1 Chowa,r. River, k. 4-2 Me:ler:in. River. 1. 5-1 Nolichucky River. m, 5-2 French Broad River. n. 5-3 Pigeon River. o. 6-1 Hiwassee River. p. 7-1 Little Tennessee River. q. 7-2 Tu.ska_sege (Tuckasegee) River. r. 8-1 Savannah River. s. 9-1 Lumber River. t. 9-2 Big- Shoe Heel Creek. U. 9-3 'Waccarnaw River. v. 9-4 Shallatte River. W. 10-1 Neuse River.. 10-2 Gontentnea Creek. y, 10-3 Trent River. z. 11-1 New River. aa. 12-1 .Albernarle Sound. bb. 13-1 Ocoee River. cc, 144 Roanoke River. dd. 15-1 Tar River, ee. 15-2 Fishing Creek. if. 15-3 Pamlico River and Sound. 16-1 Watauga River. 17-1 White Oak River.. ii. 15-1 Yadkin (Yadkin -Pee Dee) River, jj. 18-2 South Yadkin River. kk. 18.3 Uwharrie River. 11. 18-4 Rocky River, (2) "Surface water" means any of the waters of the 5:-.ate lo- cated on the land surface that are tot derived by purnping from groundwater. 348 (3) "Transfer" r z h;jr;:v,-af, dime: -,ion, surface water tom cne river basin and discharge of a any part of the water in a river basin different from or a.l-Iowever, notwithstandingb it. �.... 14'-w-2� c� nn u the basin definitions .,,•....:tail), the follow inc. are not + ^..^sr this Par' a� u a. Thed it is b. The discharge of w°air do.s, where it is wit drat-, ("991 . c. s. 1.) Laws 19,© sections numb.14a.'15..-___-_ 143-215.339. These sect.°ores were r�- rurnbered es §§ i43•215.22G and and this: roan was 143- 15. 'H. Registrati and transfers re ia) Any penon who withdraws 1„000.000 alit of water from the surf^ _r oay �r r;ore ace or ggrro�.ndw te.s of the Mate ur who transfers 1,000 000 gallons da basin to per5' or more of water from. one river another s`aaii register the withdrawal or transfer .,v t-the Commission A person registering a water withdrawal or transfer shall provide the Commission with the following inforrnat on; (1) The maximu;-n daily amount of the water withdrawal or transfer expressed in millions of gallons per day. (la) The monthly average withdrawal or transfer expressed in millions of gallons per day. il) The Iocation of the points of withdrawal and discharge and, the capacity- of each facility used to make the with°; awl or transfer. i) The monthly average discharge expressed in n'.iliions of gallons per day. (b) Any person initiating a new water withdrawal or transfer of 1,000,000 gallons per day or more shall reg seer the wi transfer with the Coc-mission nut later than six moth initiation of the withdrawal or transfer. The i".forrnatimr reired under subsection (a) of this sectionn, s:hail be submit' w re - spect to the new with . w c..a ac or Transfer. (c) A unit of local over-n ent that ha.; completed a I l water supply plan that rnee;.s the requirements of G.S. 14-3-355(1) _n,d that has periodically revised and updated its plan as required by the De aar`..rzent has sat stied the requirements of this required to separately register water a l: ran and is not � a withdrawal or tansfer or to update a registration under this sectic; (A) Any person who is required to real r a vra r wh it r a ai or transfer under this .anon shall update the re str .tion by provic• irg the Con:..:.i: icn with a current ve;-siorz of the info ^ qu_ired by subsection "ai oaf this ., secti;;n at five-year ir,ie-v a am from i amendment, elf t v _ in the Part :it e added at the end 7. ) Sur ace water ' `n.ns a »"; an inn (3) added ,;};P last aen_ nd eddad subdi &,,,ns c.;,74,1, and 3� §143-21221 CI1 143, STATZ Err_ ,§2,45-215,221 ing the initial regist.ration. A person who submits infor-mation 14T:date a registration of a water 'withdrawal or transfer is rict re- quired to pay an additional registration fee under G. 143.2:5.3(a:41a) and G.S. i4325a ib,, but is 511.b'reCt t.4), the late: registration fee established under this .section in tne event that Up -date-.: inforTnation is not subrnit--.,ed as re.quired by .this subsec- Any person who is required to register a 'A,ater transfer or witiiti_rawai under this section and fails, ZO do so shall pay; in addi- tion to the registration fee required under G.S. 143-215.3(al(1ai and CS 143-215..2(a)(1b,,L a late registration fee of five. ,dol.l.ars r d..sv for eac'-i day registration is late up to a rrlaXi.MWT.: Of fi7e. nuriczed dollars (5500.00). A person who is required to update a registration under this section and. fails to do so shall Fav a fee of five dollars (5.00) per .dov for each day the. updated information is late rp to a maximum af five hundred doiLar $500.00). A late registration fee shall not be changed to a farrnerwho submia re,Liistration that, pertains to farmingoperation:, (199.1. 712. s, 1993, c. 44, S. 1 c. 55-3, s. 81.) Laws 1991„ c, 712.. 3.7 made this section effective ratific-at:on. The amwas ratified 4‘.1.1y 16. 1991, Session Laws 1.;:i9a, d 344. which drnenneci tnis section. in s. 3 provides: "Any person who withdraws or transfers 1.000.000 gallons of water per day or more on or after 1 October 1993 shall registor the withdrawal or transfer as require,3 by G.S. 143-21.5.22.14 hy 1 Janu• ary 1994, This act hall not be construed reiLiire a person who has complied with G.S. 143-215..22H at the time this § 143-215.221. Regulation fers. (a No person, without securing a certificate from the Com- mission, may: (2.) Initiate a transfer of 2„000,000 gallons of water or more per day from one riverbasin to another. (.2) Increase the amount of an existing transfer of water from one river basin to another by twenty-five percent (25%) or mare above the average daily amount transferred during the year ending ju)y.1., .1993, if the total transfer including the increase is 2,000,000 gallcins or more per day. Increase an existing transfer of water from one river basin to another ,above the amount approved by the Commission in a certificate issued under G.5 162A-7 prior to July 1, 1993. (b) Notwithstanding the provisions of subsection (a) of thissec- tion, a certificate shall clot be required to transfer water fr,orn one river iiiasin to another up to the full capacity of a facility to transfer water from one basin to another if the facility was existing or under coristiation on July 1, 1993, 348 act }.;a6crne,g eff2ctiv t, -j.1c. az tionsi water withdrawal or trar.sfer re;- istrat:itin with the F,.nyir-orne.ntal M. age Con-nnission.." Effect of Ardendrnenta- Laws 1993. c. 344. s. 1.. efftive October 1. 1593, in the first sertence of subsec- tion inser-ed or ground': added sub- division (rifle% added subdivision and added subsections (c) through its). Session Law 1993, c. 583, s. 81, July 24. 1993, amended Session Laws 1993, c. 344. s, 1 by substituting "gi^oundwaters" for 'ground water.s", of surface water trans. (4' An Upon ra e a, mail t• each of : ed user this a certiitc the sa.rne sed transfer 'vou ational 'Pollutant i nation on w,,,stawater dischargi.e permit edi g IOO ` 1 } Phi: per day for a ci= ca ge iv• wit..: : wall xnt a w.a.tzr r b i-t d, The b ar of count-,- corn:hiss"_.rs ei that art.., is l wat d i r r +W.,r o pt ali r� y r �;,sn �e bas n proposed transfer errin mil. of any public wale, that withdr s wad» v 5 ream drawal pert of the p:opated transfer. (e) The -ctice of the ,public hears, all include a n. descintior of the applicant's re Test and a, corspicuc:.is in bold type as to the effects of the water tran.sfer on the source and receiving river basins. The notice shall further indicate the proce- dure to be followed by anyone „%isi rig * subrnit comments ©r the proposed war tra-rs:er. (±) In determining whetster a. certificate may be i s; ed for the transfer, the Commission shalp-ezifically consider each of the fal- lowing items. and state in 'writ i nc. m of fact with _ to each item: (1) Tie necesr,iV. amount of sus ace Aster proposed` to b. tr,r proposed. uses. present and real rabl the sou..rce river car ce ic. ind; Wa:"`e._ .at.: azz orabfer;.e_s, and bQreEcial f the Its resent aria ;1. '.r2ter Esh i. ransferrei ,a vied by t. ..oresand water stcrare -,i.. `".. tor ti"ie reserroir States Any oth er facto an, oncludes by a preponderance of fact :-:ace. potential detrirrer ;f the prpcsP of the transfer, The Co;r mission r—.a•, gr:sint the cern der.-, she certificate. The Commis or. certificate: with any conditions attached that t, lie•, es are n6cessa';- to achieve the. purposes of t: tions rna,y° include rnitieation measures prop, detrimental effects of the proposed transfer the availability cf water in the source ri _ or other emergency. The certificate shall ar ount of water that .may be transferred. No person sha., ^. a..'-iourit of Water that exc-weds the amount in t:.e cei (l) I^ cases where ail applicant requests approva to increase a transfer that e,,,,:isted or; July 1, 1993, the CoCommission shall haye authority to approve or ais: pprcve only the a ncunt of the increase, If the Commission approves the increase, however, the certificate s1.2.11 be issued far the amount cf the existing transfer plus the requested increase. Certificates for transfers approved by n,e Cot- rr ission under G.S. 162.E-7 shall remain, i ; effect as approved by the Commission and shall have the ;a:: e efface as a certificate issued under this Par. fj) In the case cf `voter s-r^c'.e ps caused by 'drought, a ci:utiori 'incident, temporal-, ,a-:L e of ,a water plant, or any other .w ". onditiorl in wn ;n K 1'C.:: .: � public health requires a "iaa.a:.fir Secretz.-v cf the Dee = ent of Eh,.-ircarrient, Health, and ... atural Resources may grant approval for a 'temporary trans- fer.. Fr or to approving a to :-i--o, ' transfer, the :,etary of the De artme of lv roi trent e lth. and Natural Reno'u: c� s hall 1 3-215.22 .s .Er,, �,�, that are ranzf r, however, the c e- �e r Health, and Natural Re- public notice require- * d conc:u- consul.t with likely to be afc tars of tzhe D'e'rartr^.ent of sources 3 3. a0 in. ant a be - :on di - any. ART. M„ A' A T .14: AND ,.+' 4 ternpGrar- Iran e See.err„ of .he Depart- �; ai s.eso ices appro es a t . the Shall u.. ers. A tempos ry transfer shai tion,'out the approval may ;e renews the Secretary o. tl:e Department of Et1'ri ural resources 'asec o.: G.ernonstr at suhse ticn. (1993, c. 348, r. 1.) Edito-'3 ` ,te_ — `etsian Liws 1993, c, 34S, s, 7 Ynap{e9, tin l$ section effective n!;.arr 1. 1934. fission laws 1993. c. 34.5, which r_n- ati:td this section, in s. 7 provides. Ido.w, ever. ace: uicste shall not be required under the provisions of this act for any project that the Department of .adrnirti - tr; tian has determined to htevie wm- pleted ;he review ,process under the under thin nj:,erit. Health., and at- sfer under this .subsec- by • .North Carolina E n°r-ii t.^arlt .:. cc' Act of 1971. Artlele 1 of Chapter 11.2A el the General Sta:rites, prior to Jr".anna1, 1994," C.S. 162A-7, ref?r-ei to ,.. ;don, was :4pes1ey &as:tin 1993, c. 313. s. 6. o 1.?94. CASE NOTES Edt`tor's Sate. — The uses c tee' be- low were decided undo. former 162.;-7, dealing with prerrquzsites to acy:usi c n of water, etc., by eaiaent do- rnaJn. Procedures for ernirtett:t domain governing cities and counties apply to water and sewer authorities. Orange Water and Sewer Auth. v. Estate of Armstrong. 34 N.C. App. 162. 237 5.F..2d 436, cent.. denied. 293 N.C. 593. 239 S.E.2d 265 (1977). With additional requirement that a certincate of authorization be ob.. tained before an action in eminent do - in is commenced. Orange Water and S+vrer Audi. v. Estate of Armstrong, 34 N.C. App. 162, 237 S.E.2d 486, cert. de - rued, 233 N.C. 593. 239 S.E.'24 265 (1977). But water and sewer authority's right of eminent domain is not dor- mant before cersification. Orange \'Pater and Sewer Auth. v, Estate of Armstrong„ 34 N.C. App., 162, 237 S.E.34 466, cart. denied. 293 N.C. 593. 235 S,E, d 265 (1977). And Authority May Enter and Sur- s'cy Prior to instituting Proceedings. — A water and Suterauthority,having L.e power or eminent domain posts -co: ry cities, ray enter lands for the p•r.r- pese of :taking surveys prior to the in- stitution of eminent domain proceed., ings, Orange Water and $ewer Auth, v. t,aLate of Armstrong, 34 N.C. App. 16: 237 S.E.2d 456, cert. denied, '293 N.C. 93, 2 3 S,E.24 255 (1977). Factors to Be Considered, — The legislature, in granting rise Eniircn. mental Management Cornmiss( thority to (sofa certi1 atee lot ° land and water rights acqu's„i on, in• tended that the Cc,::: fission eon carefully not on1;' the develc;:mer. water resources., but also the effect of that development cn sent beneficial users within the watershed_ inrs. Envi- rYntunental Mgt Cornrn'n, 53 N.C. App, 135. 250 S.S.24 520 (? 981), affd. 30 N.C. App. 1. 341 S.E.2d 598 i1996). Former 162A-7(.) required only that the :Environmental Man: 6ernent Carnrnir,Fion '"specie=liy consider" the listed factors. It did. not require :;.a En wirorr rental Management Commission to make findings regarding each factor. In re Envimruttental Mgt. Co:tsrn'n, 3© N.C. App. 1. 341 S.E.24 568. cert. de- nied, 317 N.C. 334. 346 S.E.2d. 139 (1986),. endorsing •he ._airing of findings as a means of insuring that each factor specifically considered, The sever.th listed factor in former 4 162A-7 was a "earn ail' that allowed the Environmental agement Commisaian to consider ail other factor AS wo•,::d, ir. the board's opinion, produce the itaxir.;a,,ri ber.eil- cal use of water for a:":actsa gees of the ttars. I: re Environments! 'Mgt. C rmrn'n, 50 NC, App. 1, 3.41 S.E.2d 555, cart. denied, 317 N.C. 334, 346 S.E.2d 139 (19S6i. Not United to Ust Factors. — \Vhtie directing that, t-`e Envirotmen..:sl 35: PU Ll PLANT COMPLIANCE REPORTS LAKE R A 1 / / Town of Catawba I CD T Iredell County PRIVATE Duke Power Conmarty McGuire Nuclear Treinin Center Duke Povyer State Park - Swim Area Duke Power State Park - Camping Area Homeowner's Associations Lake Norman Woods Governor's Island Mid South "water Systems„ no, I iWares Crossroads Diamond bead Bridgeport Spinnaker Bay Mallard plead Alexander Island Pier 1 APPEND 4 T• R.J.:.kia i '52.•••••••••••„....„ .2..„ 8 73/t)1. ...,,i,....):7.:F3'0„ - „I.. 62- . " • . „........,,...75- . ...„ .'..`„:..,,.-,..,..., „..:.,. .„--- . 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Rubin, ASAE Member Extension Specialist and Associate Professor Biological and Agricultural Engineering Doug Frederick Associate Professor Forestry Department Ray Milosh Forestry Department North Carolina State University Raleigh, North Carolina 27695-7625 Written for presentation at the 1993 International Summer Meeting sponsored by THE AMERICAN SOCIETY OF AGRICULTURAL ENGINEERS THE CANADIAN SOCIETY OF AGRICULTURAL ENGINEERING Spokane Center Spokane, Washington 20-23 June 1993 SUMMARY: The irrigation of treated municipal wastewater onto managed high yield plantations is a viable option for treating domestic wastewater. The biomass produced can be utilized as an energy resource, as pulp mill makeup, or as wood chip in the wood products industry. The biomass produced from the wastewater irrigation sites is significantly greater than that obtained off nonirrigated sites. Plantations consisting of Sycamore (Platanus Occidentalis), Sweet Gum (Liquidambar Styracifula), and Loblolly Pine (Pinus Taeda) have been established in the Coastal Plain and Piedmont of North Carolina for renovation of municipal wastewater. Wastewater quality data and biomass data are presented. The utilization of wood energy systems for treating and renovating domestic and industrial wastewater offers a cost effective alternative for achieving high levels of wastewater renovation. KEYWORDS: Wastewater Irrigation, Hardwood Plantations, Coppice Woodlands INTRODUCTION Wastewater irrigation onto agricultural and silvicultural land has been encouraged by the United States Environmental Protection Agency and by numerous state regulatory agencies since the passage of Public Law 92-500, the Clean Water Act Amendments of 1972. This public law made special provisions for communities to utilize innovative and alternative wastewater treatment and disposal technologies. Land application was considered an alternative treatment technology and the benefits associated with land treatment included: I) Removal of pollutants from direct discharge. 2) Production of agricultural or silvicultural crops. 3) Reduced operations and maintenance costs. 4) Reduced capital cost, 5) Reduced operational complexities. The state regulatory agencies and the Environmental Protection Agency encourage the beneficial reuse of wastewater as a means of reducing input of pollutants to the environment. In the mid-I970's, the municipalities and industries located along the entire Chowan river basin in northeastern. North Carolina were required to remove all nutrient input to the river system. The municipalities along the river basin ranged in size from small communities such as Severin, which generates approximately 20,000 gallons of water per day, to larger communities such as Edenton and Ahoskie, which generate approximately 800,000 gallons of water per day. The state mandated nutrient removal programs were necessitated because of the nutrient enrichment which was occurring in the entire Chowan river basin. A facilities planning process was implemented under Section 201 of the Clean Water Act and the conventional, in -plant wastewater treatment options available for nutrient removal for small communities proved to be very expensive. Each municipality along the Chowan, river basin also evaluated land treatment as a mechanism for removing the direct discharge of pollutants into the river system. In all cases, land treatment proved to be the most cost effective of the various nutrient removal alternatives. Several municipalities chose conventional agricultural operations as a receiver system for wastewater, while the City of Edenton chose a managed hardwood forest to serve as the ultimate receiver crop. This hardwood forest system would be managed as a high yield coppice woodland system. The use of forest land for wastewater irrigation has been discussed (Cole et al, 1983). The benefits associated with wastewater irrigation include: 1) Large areas of forest !and are available which are well drained and. not subject to flooding,. 2) Forested sites are generally nutrient deficient and are capable of assimilating large quantities of applied nutrients through microbial conversion, plantuptake, and soil adsorption. 3) Forests are typically not considered as food chain crops. 4) Forested systems have a large potential for immobilizing nutrients and metals applied. 5) The forest cover minimizes potential for surface runoff of applied wastewater and rainfall through reduced application velocities and dense layers of organic material on the forest floor. 6) Forest systems have a perennial root system which may allow year-round uptake of nutrients. 7) The extensive root systems of forest crops en lances wastewater infiltration. The use of wastewater irrigation on forest lands has demonstrated a dramatic increase in plant growth, shortened rotation in plantation operations, reduction in the incidence of disease and an overall increase in the stability of the forest system. Historically, the forest land application systems have concentrated on utilization of natural forest systems as receiver sites for wastewater. There is, however, a significant need to examine the use of managed hardwood plantations as receivers for treated municipal and industrial wastewater. Intensively managed hardwood plantations may have several advantages over natural forests for treating and renovating wastewater, Among the benefits of a managed hardwood forest include: 1) The growth response of hardwoods to the irrigation has resulted in the rapid growth of plant material. The use of short rotations and the use of whole tree harvesting to remove nutrients from the site and improve production of nonfood chain biomass. 3) Hardwoods will resprout from established root systems (coppice) and continue to produce above ground biomass without the need for expending energy resources on root system development. The use of wastewater irrigation on short rotation hardwood plantations can result in the production of significant quantities of energy rich biomass. Recently, wood energy plants have been constructed throughout the eastern part of North Carolina and the market for wood chip as energy and the market for wood chip in various building materials constitutes an excellent outlet or market for this high quality biomass, Forested systems do respond positively to the addition of municipal waste compost, biosolids, and treated municipal and industrial wastewater, Bengston and Cornette (1973) determined that slash pine respond positively to the addition of municipal solid waste compost. The addition of up to 44 metric tons per hectare of solid waste compost resulted in increased tree height. Smith and Evans indicated that both understory herbaceous vegetation and slash pine responded positively to the addition of up to 112 metric tons per hectare of municipal solid waste compost. Jo Kela investigated those same pine forest stands 16 years after the initial treatment and found increased stem wood biomass L7 fold over control. The evidence suggests that woody biomass responds positively to waste application events. With the interest expressed by the City of Edenton, North Caro ma, state regulatory agencies, and the consulting engineer, a study of the Edenton Wastewater Treatment Facility was initiated. The purposes of this paper are: 1) To evaluate the various constituents contained in municipal wastewater and to assess their potential impact on silvicultural operations. 2) To measure the response of woody biomass to wastewater irrigation. 3) To examine the impact of wastewater irrigation on selected soil chemical properties. 4) To gather information concerning operational requirements of the coppice woodland wastewater irrigation operation. STU Y DESIGN AND METHODS Wastewater samples were collected from the City of Edenton quarterly. Samples of irrigation water were collected from the lagoon immediately prior to discharge to the wastewater receiver site. A total of 41 individual receiver sites accept treated domestic wastewater. Separate study plots had been installed in the Sweet Gum, Sycamore, and Pine forest areas to measure biomass production and nutrient assimilation. Annually, soil samples were collected from each of the plots to determine the effect of wastewater irrigation on selected soil properties. WASTEWATER QUALITY AND QUANTITY The volume and constituent concentrations for the irrigation water applied to each of the test plots was determined through examination of irrigation pump station records and through collection of representative wastewater samples. The irrigation pump station is equipped with a flow meter and a time clock. The pump station records for each event onto the designated test wastewater receiver plots were evaluated to determine the volume of liquid applied annually. 4 Fields 37 and 38 planted in Sycamore contain approximately 7 acres and each received approximately 40 inches of irrigation water annually. Fields 25, 27 and 32, the Sweet Gum plantation test plots, also contain approximately 7 acres and each received approximately 40 inches of irrigation water annually. The total volume of liquid applied onto the entire 250 acre wastewater receiver site was approximately 292 million gallons. Bimonthly wastewater samples were collected from the lagoon immediately prior to discharge to the irrigation field. A grab sample was collected at a depth of approximately 6 inches below the lagoon surface. The sample was immediately refrigerated and transported to the laboratory for analysis. Each sample was analyzed to determine the level of nitrogen, phosphorus, potassium, calcium, magnesium, sodium, and selected metals such as zinc and copper. From the irrigation pump station records and the wastewater characterization data, the nutrient and waste constituent input to each of the receiver sites was calculated, The wastewater quality and input to the treatment plots is summarized in Tables 1 and 2 attached, The nutrient loadings onto the receiver sites have all been within normal recommendations for agricultural or silvicultural operations. The sodium applied to the irrigation fields. however, does represent a high loading and there are potentially adverse consequences which result from sodium imbalances on land receiver sites. The sodium load per acre of over 1500 pounds may prove to be deleterious to the long term successful operation of this hardwood coppice woodland if corrective measures are not taken. Presently, the City of Edenton is adding gypsum to the wastewater irrigation operation to combat adverse effects of the high sodium load. SOIL SAMPLING The soil resources on the Edenton wastewater receiver sites consist primarily of State and Conetoe soils. These are respectively: Fine loamy, mixed, thermic Typic Hapludults and Loamy mixed, thermic Arenic Hapludults, One inch diameter soil core samples were collected from the wastewater irrigation site at depths of 0 to 6 inches, 6 to 18 inches, and 18 to 36 inches. The 15 to 20 soil cores collected from each depth and composited with depth, provide a representative soil chemical description. The results of the soil sampling indicate that there has been mild accumulation of phosphorus within the shallow horizons and a marked accumulation of sodium to a depth of 18 inches. The results of the soil sampling are summarized in Table 3. These soil sample results indicate that the level of essential nutrients is adequate for hardwood crop production and that sodium is accumulating to a level which will reduce soil permeability and may adversely affect moisture relationships within the root zone of the hardwood vegetation. The percentage of the cation exchange capacity occupied by sodium in these shallow profiles is in excess of 20 percent in several of the areas evaluated, When the relative percentage of sodium exceeds 15 percent, then some adverse impact can be expected, The operator of this wastewater irrigation system has initiated a corrective plan to mitigate these soil sodium levels. 5 Control samples were collected in areas which have received no direct wastewater application. The level of phosphorus and sodium in these control soils is typical of levels found in the agricultural soils in the Coastal Plain of North Carolina. The dramatic difference between both soil sodium levels and soil phosphorus levels between the wastewater receiver site and the control areas does demonstrate the impact of these wastewater irrigation activities on soil chemical properties. PLANT BIOMASS The differences in biomass between the Sweet Gum irrigated and nonirrigated and the Sycamore irrigated and nonirrigated are presented in Table 4 attached. Dramatic differences are noted in the production of woody biomass between the irrigated and nonirrigated Gum plots while less dramatic differences are noted in the Sycamore. The reduction in leaf biomass on the spray site compared to the nonspray site does reflect the more rapid decomposition of leaf litter fall on the irrigated site versus the nonirrigated site. The conditions on the soil surface on the irrigated site are more conducive to microbial degradation of leafy material than on the nonspray site. Frederick, et, al., 1992 have reported the differences in stand and biomass data for the Sycamore and Sweet Gum. They reported height, DBH, green biomass, and dry biomass data from the study plots and concluded that a significant component of the biomass could be attributed to the wastewater irrigation operation. GROUND WATER The shallow ground water underlying any dedicated wastewater receiver site should be evaluated. As a condition of the operations permit, ground water monitoring wells were installed and tri-annual samples of shallow ground water were collected. The data reflect a slight increase in levels of selected constituents both with time in individual wells and between background and system monitoring wells. These data are reflected in Tables 5 and 6 attached. OPERATIONAL COSTS The operations and maintenance requirements for this facility are summarized in Table 7 attached. The labor, chemical, analytical, electrical and maintenance costs for this facility are significantly lower than those for a comparable package treatment plant achieving the same levels of treatment. The total operating costs of $174,986 allocated to treat the 291 million gallons of water generated per year suggests that the operational costs for treatment are approximately $.601/1000 gallons. These costs are significantly below those associated with mechanical facilities designed to achieve post secondary or tertiary levels of wastewater treatment. 6 CONCLUSION The spray irrigation of treated municipal wastewater on a managed hardwood coppice woodland is an acceptable alternative to the more traditional agriculturally based spray irrigation systems operating throughout the United States. The costs for establishing and operating forested systems are generally higher, but the long term operational costs are well within the budgetary restrictions facing many small rural communities. Utilization of woody biomass is becoming increasingly easier as demands for wood chip as a fuel source in the power production industry and for base material in the forest products industry increase. With increasing concerns for environmental quality, wastewater irrigation onto managed hardwood plantations for rapid biomass production offers an excellent alternative for wastewater management. Following canopy closure, mowing and other site access requirements are dramatically reduced and the costs for operating these forested systems fall. With increasing environmental mandates being forced upon local units of government by both federal and state regulatory agencies, but no funds provided for either design, construction, or operation of the facilities; the utilization of forested systems for high yield biomass production offers an operationally sound and economically attractive wastewater management alternative that protects public health and assures a quality environment. REFERENCES Frederick, Douglas, R. Lea and R. Milosh. Municipal Wastewater Renovation Using Hardwood Biomass Plantations. Waste Management and Environmental Restoration Conference, April 9- 11, 1992. San Juan, Puerto Rico. Nutter, W. L. and J. T. Red. 1985. Treatment ofWastewater by Application to Forest Land; TAPPI: 68: 114-117. Saucier, J. A. 1972. Aboveground Biomass " °fields of Short Rotation of Sycamore; Wood Science 5 (I): 1-6. Sopper, W. E. and L. T. Kardos, Renovation of Municipal Wastewater Through Land Disposal by Spray Irrigation. Symposium on Recycling Treated Municipal Treated Wastewater Through Forest and Cropland. The Pennsylvania State University Press. College Station, PA. 1973. Sopper, W. E. and L. T. Kardos. Vegetation Responses to Irrigation with Municipal Wastewater. Symposium on Recycling Treated Municipal Treated. Wastewater Through Forest. and Cropland. The Pennsylvania State University Press. College Station, PA. 1973. Bengston, G. W. and J. J. Corneae. Disposal of Composted Municipal Waste in Plantation of Young Slash Pine. Journal of Environmental Quality. 1973. 2 (4) 441-444, E. J. Jokela, W. H. Smith and S. R. Colbert. Growth and Elemental Content of Slash Pine 16 Years After Treatment with Garbage Composted with Sewage Sludge. Journal of Environmental Quality. 19146-150 (1990). W. H. Smith and J. O. Evans. Special Opportunity and Problems in Using Forest Soils for Organic Waste Applications. Soils for Management of Organic Waste and Wastewater. 1977. T.... L Summary of Selected Total Constituent oadings Onto the Three Sweet Gum and Two ore Sites City of Edenton, North Carolina CONSTITUENT Ind 1' K Ca Mg Na BOD Hydraul AVG CONC 22.5 8.7 3,5 5,9 7.9 23.7' 51.2 SITE 25 1393 538.5 216.7 984,2 489 12609 316.3 7396963 41 /AC 6,6 AC SITE 27 126.3 501 201.6 915.8 455 11733.1 24.1 6gg�^^qq 848 8 e 5"/ 6.6 AC SITE 32 1266.6 487.8 197.1 895.2 444.8 1146.3 2882,6 6749764 (37,2"/AC) 7 AC SITE 37 1174,1 454.1 187.2 830 412.4 10633.1 2672,6 625'7325 (39"/AC) 5.t AC SITE 38 1427.5 551.6 221.9 1008.1 500.9 1214.6 3246.1 7607136 /,C 6.6 AC TABLE Summary of Selected on t tuent Loadings Onto the Three Sweet Gum and Two Sycamtire Sites City of Edenton, North Carolina CON TITI1 I T TN PAN' I Ca Mg Na FOOD Hydratall SITE 25 211 126.7 81.6 32.8 14.1 74.1 1910.5 480.2 41.3 SITE 27 184.3 110.E 75,9, 30.6 1. 68.7 1777.7 446,8 38.5 189 72.E 29.4 13'3.6 66.4 1711.7 430.2 37.2 SITE 37 199 119.4 77.0 31,7 14.7 69.9 102.2' 453 39.0 SITE 38 216.3 129.8 83.6 33.6 152.8 75.9 1 956.8 491.8 42.3 Assurr e 60% availability. 10 TABLE 3 Soil Test Results INastewater Receiver Site and Control (ing/kg) City or Ede...Motu North Carolina CONSTITUENT Organic Matter (X) p11 (standard units) P (nag/kg) K (mg7.1i.g) Ca (1 CEC) Mg (0 GEC) Na(%NEC) 71n (i6g11ig) Cu Inagikg) 0-6 6.2 100 58 49,2 17.0 15 2 3.8 4.9 SYCAMORE 6-18 .1 5.4 12 48 51.6 142.6 14_1 1.9 1,3 18-30 ND 5 I 8 45 46.2 15 4 12 5 1.1 .8 CO 0-6 .2 5.5 54 47 50.1 9,9 11 2 1.8 37 OE (SVC) 6-18 .1 5.3 18 37 44 0 10.6 6,2 4 1.0 18-30 ND 4.8 6 34 37,3 7.0 8,7 6 1 4 GUM 0-6 6-18 .3 .1 7.4 6,4 120 19 28 32 57.5 39.3 16,2 6,1 26.1 27.'7 2,5 1,1 2.7 .8 18 30 ,1 5.5 15 24 35.4 5.9 26..0 .8 .5 (ONTR(2L, (GUAI) 0-6 .2 578 87 42 60 17.6 12.0 3.8 9 6-18 5.4 13 30 47,6 8.0 8.0 4.3 2.0 18-30 5.4 13 18 39 8 11.2 10.7 1.2 TABLE 4 Estimated Biomass on an Area asis for Trees Growing in the Edenton Land Application Wastewater Treatment F cUity Data ` .anuary, 1992 NONSPRAY GUM STEM 11627, 32 WOOD 10037.24 BARK 1.16 BRANCH 37.1 1 LEAVES 38 TOTAL 24147,61 SPRAY 195'78,59 16594,3 2983,395 12371.61 64.516 3437,1 NONSPRAY SYC 28766,48 26427.67 2338.818 7766. 77 214.21 367.74 SPRAY SYC 31230.83 28859.96 2370.869 11780.45 1657,739 ' 44669.02 TABLE 5 Ground Water Quality Background Well City of Edenton Edenton, North Carolina CONSTITUENT DATE 1989 1990 1991 1992 Conductivity (U MHOS) TOC (mg/I) NO2/NO3 (mg/1) Coliform (MPN/100 ml) Total Dissolved Solids .96 2.52. 1.22 < 10 142 1.33 2.04 < 10 139 1.21 2.24 < 10 Missing 1.81 5.58 < 10 64 NOTE: Values reported represent average of values reported during given calendar year. Missing Data indicates change from conductivity measure to TDS. TABLE 6 Ground Water Quality System Monitoring Well City of Edenton Edenton, North Carolina CONSTITUENT 1989 1990 DATE 1991. 1992 Conductivity (U MHOS) TOC (mg/1) NO2/NO3 (mg/1) Coliforrn (MPN/100 ml) Total Dissolved Solids 138 9.47 4.60 < 10 247 8.42 7.75 < 10 256 7.53 8.8 < 10 Missing 4.81 9.2 < 10 380 NOTE: Values reported represent average of values reported during given calendar year. Missing Data indicates change from conductivity measure to TDS. TABLE 'dotal Operational Costs City of Edenton Wastewater Treatment nt ' cillt Edenton, North Carolina LAE i $64I CHEMICALS CHEMICAL AL AI' AL Y I ELECTRICAL AINTENANCE ON BUILDING minding Porno Stations) MAINTENANCE ON EQUIPMENT TOTAL APPENDIX P °R - ihTP OPERATOR CEII T117CA T!ON COMM' rUlON TISA: 08 SECTION .0200 - GENERAL PURPOSE: DUTIES AND REQUIREMENTS: AND PROGRAMS .0201 PURPOSE History Nate: Statutory Authority G.S. 90/1-35; 904-43; Eff. February 1, 1976: Repealed Eff. July 1, 1983. .0202 DUTIES .AND REQUIREMENTS (a) Refunding of Fees. When refunding of fees becomes necessary, it wwki%1 be the commission's re- sponsibility to determine the fees or portion of fees to be refunded in accordance with 1 :`CAC S13 .0502. (b) Federal Grants•in-Aid, The certification commission is authorized and empowered to adopt such rules and regulations not inconsistent with the laws of the state as may be required by the federal gov- ernment for grants-in-aid for programs concerned with the certification of wastewater treatment plant operators which may be made available to the state by the federal government. This is to be liberally construed in order that the state and its citizens may benefit from such grants-in-aid. (c) Requirements for Certified Operators (1) The owner must 'submit a letter to the Certification Commission which either deli ,ates the Operator in. Responsible Charge and is countersigned by this operator or the Contract Operation Firm which has been engaged to provide operational services and is countersig ied by the firm. If a Contract Operation Firm has been engaged, the Contract Operation Firrn must submit a letter to the Certification Commission which designates the Operator in Responsible Charge and is countersigned by both the owner and the designated operator. This (these) letter(s) must be submitted within 30 days after: (A) a new wastewater treatment facility is 50 percent completed. (I3) notification of classification or change of classification of an existing fairy has been received; or (C) a new operator in responsible charge is desigrr.ated. (2) Owners are required, as of October 1, 1991 to provide an appropriately trained and certified. back-up operator of any grade, to serve as surrogate for the ORC set forth in Paragl-aph (c)(4)(f) of this Rule when the ORC is unavailable due to illness, vacation, or job related ab- sence and to inform the Certification Commission in writing when: (A) an individual formerly designated as the Operator in Responsible Charge is no longer per- forming these duties; or (13) a Contra t Operation Firrri formerly designated to be responsible for operation and mainte- nance is no.longcr performing these duties. (3) A Contract Operation Firm, is required to inform the Certification Commission in writing within 30 days when: (A) an individual formerly designated as the Operator in Responsible Charge is no longer per- forming these duties; or (13) a Contract Operation Firrn formerly designated to be responsible for operation and mainte- nance is no longer performing. these duties. This letter shall indicate the date of the change in the status of the Operator in Responsible Charge or the. Contract Operation Firm, and the narne of the new designee or Contract Operation Firm as required in SA .0202(d)(2). (4) In order to qualify as operator in responsible charge of a particular wastewater treatment facility, an operator: (A) must possess one of the certificates listed in classification of the facility; (9) must be responsible for, and as of October 1, 1991, must visit each, class I facility at least weekly, and each class II,. class 111 and class IV facility at least daily, excluding weekends and holidays. The Operator ut Responsible Charge must properly manage and document daily op- eration and maintenance, certify monitoring and reporting information as prescribed in the Pennit, and reside withini reasona.blc proximity of the facility, to be readily available for con- sultation, emergencies, regulatory agency inspections and similar matters; 90A-40 of a grade at least equivalent to the -R,(! l i'1: CODE 04/08/91 T1O1 " COMM!SS1ON SECTION .0200 - I DIw:CATIO\ AND EXPERIENCE FOR CERTIFIED WAS1'EwA"I"ER `1 REA'I :I IE I` PLANT OPERATORS .0201 GRADE I WASTEWATER TREIEN''Z' PLANT OPERATOR An applicant for a —adc I certificate (lowest) shall be expected to have a general knowledge of the operation of small treatment plants. The applicant shall have knowledge of equipment usually em- ployed in such plants, and be able to describe the general maintenance requirements for such plant units. The applicant must submit an application showing that one of the following prerequisite corn- binations of training and experience has been met in order to take the grade I examination: (I) three years of acceptable experience in wastewater treatment plant operation; (2) completion of eighth o ade of school and two years of acceptable experience in wastewater treat- ment plant operation; (3) satisfactory completion of a Grade I approved training School for wastewater treatment plant operators and one year of acceptable experience in wastewater treatment plant o a (4) graduate of a high school, or equivalent GED, and three months of acceptable exo cceptbleeQ Brier ce in wastewater treatment plant operation; (5) actuate of a high school or equivalent GED or a two or four year college and completion of approved training school. Provided, however, that if an applicant fails the Grade I examination after three attempts, the applicant must then satisfactorily complete a Grade I approved training school before taking the Grade 1 exam- ination again. History Note; Statutory 4uthorty G.S. 90A-39; 14313-300; Eff. February 1, 1976; Amended Eff. May 1, 1991; July 1, 1983; Februargr 0, 1980. .0202 GRADE II WASTEWATER TREAT)fENT PLANT OPERATOR (a) An applicant for a grade II certificate shall be expected to have a general knowledge of the various types of wastewater treatment plants and the processes involved; a general knowledge of the composi- tion of wastewater and the proper sampling thereof; a general knowledge of the procedure involved in making basic physical and chemical tests and their application to treatment plant control; the ability to make simple calculations; general knowledge of the proper maintenance of the various treatment plant units and the mechanical equipment involved; the ability to keep and interpret records; the ability to practice safety and maintain good public relations; and such other information as may be deemed pertinent by the Wastewater Treatment Plant Operators Certification Commission. (b) The applicahr°must submit an application showing that one of the following prerequisite com- binations of training and experience has been met in order to take the grade II examination: (I) satisfactory completion of a Grade II approved training school for wastewater treatment plant operators and two years of acceptable experience in a North Carolina class I, or equivalent, wastewater treatment plant or higher; (2) a North Carolina grade I certificate, or equivalent, and one year of acceptable operator experience in a North Carolina class I, or equivalent, wastewater treatment plant or higher; (3) graduate of high school, or equivalent GED, and six months of acceptable experience in a North Carolina class. I, or equivalent, wastewater treatment plant or higher; (4) graduate of a recoguzed two-year college or technical school or college or university and six months of acceptable experience in wastewater treatment operation. Provided, however, that if an applicant fails the Grade II examination after three attempts, the applicant must then satisfactorily complete a Grade II approved training school before taking the Grade 1I ex- a,nination again. History Note: Statutory Authority G.S. 90.4-39; 143B-300; Eff. February I, 1976; 4171cnded Eff. May 1, 1991; February 20, 1980. .0203 GRADE III WASTEWATER TREATMENT PLANT OPERATOR (a) An applicant for a grade III certificate shall be expected to be more knowledgeable, and to have the ability to answer more highly specialized questions relative to wastewater treatment and plant op - NORTH CAROLINA ,-f D IINI S j'R.,! 1'II'L CO1. 1; 04108191 eration than an applicant for a ,grade II certificate° In addition to the requirements mentioned for a grade II certificate, a candidate for a grade I1I certificate should have a greater knowledge of the phys- ical, chemical and bacteriological tests ordinarily performed in an adequately equipped laboratory for the determination of the nature, type and concentration of various wastewaters, The applicant should be able to perform more advanced calculations including velocity of flow and pressures in pipes, etc., and should have a detailed knowledge of the principles of treatment plant operation, efficiencies, cor- rosion and its prevention, and the proper maintenance of all items of equipment in a wastewater treatment plant, The applicant should be familiar with various types of pumps commonly used in wastewater treatment plants and their advantages and disadvantages, and be able to calculate pump efficiencies. The applicant should know of the problems created by industrial wastes and their effect on the sewers, treatment plant, and receiving stream. The applicant should be able to measure, by various means, the flow of wastewaters, to properly make composite samples, and to run the necessary physical, chemical and bacteriological tests necessary to provide the required degree of treatment prior to discharge into the receiving water. (b) The applicant must submit an application showing that the applicant possesses an active North Carolina grade II certificate or an active certificate at the highest grade in any other state and that one of the following prerequisite combinations of training and experience has been met in order to take the grade III examination: (1) four years of acceptable experience in a North Carolina class II, or equivalent, wastewater treatment plant or higher; (2) graduate of high school, or equivalent GED, and three years of acceptable experience in a North Carolina class II, or equivalent, wastewater treatment plant or higher; (3) two years of college or associate degree with academic preparation in chemistry, biology, public health, or related rfields, and two years of acceptable experience in a North Carolina class II, or equivalent, wastewater treatment plant or higher; (4) graduate of a recogi.zed two year college or technical school, with an associate degree in envi- ronmental sciences, and 18 months of acceptable experience in a North Carolina. class II, or equivalent, wastewater treatment plant or higher; () graduate of a recognized college or university with a major in natural or physical sciences, engi- neering or related field, and one year of acceptable experience in a North Carolina class II or equivalent wastewater treatment plant or higher., Provided, however, that if art applicant fails the. Grade III examination after three attempts, the appli- cant must then satisfactorily complete a Grade III approved training school before taking the Grade III examination asain. History Note.° S42Wtory Authority G.S. 90r1-39; 143B-300; Eff. February 1, 1976; Amended Eff. May 1, 1991; February 20, 1980. .0204 GRADE IV WASTEWATER TREATMENT PLANT OPERATOR (a) An applicant for a grade IV certificate (highest) shall be expected to have more specific knowledge covering the entire field of wastewater treatment than the applicant for a grade III certificate. The ap- plicant should have more advance knowledge of the design and construction of wastewater treatment facilities as well as more advanced knowledge of the chemistry and biology involved in the various processes of wastewater treatment. The applicant should be familiar with various industrial wastes and know how to measure flow, sample and run the common physical, chemical and bacteriological tests necessary to provide the proper pretreatment or treatment thereof. The applicant should have a good knowledge of the proper operation and maintenance of the various units in a modern wastewater treatment plant including pumps, motors, and electrical equipment. The applicant should be familiar with new developments in the field of wastewater treatment and should have a good knowledge of the laws and regulations relating to stream sanitation. The applicant should be able to develop necessary records and prepare required reports, etc. The applicant should be able to properly supervise other employees and place into practice good public relations and safety programs, etc. (b) The applicant must submit an application showing that the .applicant possesses an active North Carolina grade III certificate or an active certificate at the highest grade in any other state and that one of the following prerequisite combinations of training and experience has been mot in order to take the grade IV examination: rVORT If C'AROLINA ,.I D.'i/A IST R i TIPE CODE 0t/0/91 Page Cl:I('111a1C.-177O r' CQ.t1,111.5SIO (I) fiw'e years of acccptab]c experience in a North Carolina clanenfkif treat nwcrtt plans or Inciter; (2) `,raduate of high school, or equivalent GE1), and four years of accepta Carolina, class 111, or equivalent wastewater treatment plant or hi,her; (3) two ycars of college or associate degree with academic preparation. in chemistry, l�aeterioloa, , public health, or related fields and three wears of acceptable experience in a \onh CarttIin:t cage.; III, or equivalent,. wastewater treatment plant or hiscl cr; (-1) graduate of ,t rccognieed two year col]eee or technical school wwith an associate: tle;.rc itt tw.o and 30 months of acceptable experie ce merit plant or hiethcr; .etn2nieed college or university with a mtirjttr in natural or phy°sie;il sciences. eieta- :d field. and two years of acceptable experience in. a ~'earth Carolina class III, ;water treatancnt plant or higher. Prow ided, howycw°er- that if an applicant fails the Grade IV examinatioi ftcr tltrcc attettlt tag the appli- cant must then sansf;tctori1y complete a Grade IV approved training school before taking the Grade IV examination again. History. A' ry ,$Itrtltority G,S. 9U.� a9, 143B-300; ruaary 1', 1976; ed Eff May 1, 1991; February 20, 1980. .0205 DEFINITIONS (a) Acceptable experience shall mean the total tirrte spent in wastewater treatment plant operation and related fields of which at least 50 percent must be actual operating experience in a ww ast;wvat.r treatment plant. (h) Satisfactory completion of an approved training school shall mean attendance of at least SO per- cent of the total hours of instruction of a non-de-ee technical course approved by the Wastewater Treatment Plant Operators Certification Commission. (c) Recogaiizecl two year college or technical school shall mean an accredited two year institution awarding degrees on the associate level. (d) Recognized college or university shall mean an accredited four-year institution awvardiw d. 'ees. on the bachelor's level. RCARIe tt. ',w'astewwater North t Nonh (:arolina claors II or History ;Tote: Statutory Authority G.S. 904.39.: 14313-300; Eff _February 1, 1976; Arrtended Eff May 1, 1991; February 20, 1930. 02tl6 i 'AIV'ER OF EXAMINATION ELIGIBILITY REQUIREMENTS (a) The educational andjor experience requirements for eligibility f r examinations for permanent certification may be waived by the commission, in its discretion, on a case -by -case basis provided it finds: (I) The applicant is uniquely qualified throu©h education and/or experience for the glade certil= ication sought although the education or experience requirements in SB .0201 to .0204 of this Chapter may not be strictly met; or (2) 'llat the plant at which the applicant is currently the operator in responsible charge has been reclassified a minimum of two trade levels higher, such that the applicant cannot meet all the education and/or experience requirements for certification at the grade to which the plant has been classified.. The declaration of eli bility for examination for certification to a grade by waiver of requirements is an extraordinary action in the sole discretion of the commission, and is not the right of any applicant. (b) The procedure to be followed in requesting of the commission a waiver of the education and or experience requirements for eligibility for examination for permanent certification shall be as follows; (1) Applicant must petition the commission for a waiver of education or experience requirements: (2) Petition must document the circumstances which qualify the applicant under 0)(1) or (2) alibis Rule; (3) Staff will rcw°tcwwu the petition and submit it to the con-unission at its next regularly scheduled meeting wwislt tlac recommendations; (-l) The applicant may appear at the meeting at %which the commission considers the petition; NORTH CARROLINA 1D.1ILV/ST114T1VJ CODE 0."/f)ati/91 R.R E` O VME T. iA G EMEN T APPENDIX Q 02R .0500 I. 2. PH 3. Temperature, °C 4. Total Nitrogen 5. Total Phosphorus 6. Taxies and Toxicity Dissolved Oxygen E E E E E Note: The following monitoring forsteam el:tr water or cooling tower blowdown shall be requi REQUIRED TEST LOCATION I. Temperature, °C E 2. Temperature, °C U, D 3. Flow "E 1. Settleable Solids 2. TSS 3. Turbidity 4. pH 5. Chloride 0 W,Ab LOCATION E E E E E LOCATION I. pH 2. Temperature, °C 3. DOD. 5-day, 2d'C 4. TSS 5. Ammonia Nitrogen 6. Fecal Coliform 7. Total Nitrogen 8. Total Phosphorus 9. Toxins and Toxicity 3. Dissolved Oxygen Dissolved Oxygen pH E E I,E I, E E E E Weekly ekiy *. +°eekly Weekly /eeki y * hang establish ments disch grog once through cooling :her or not the discharge is fast a classified facility. CLASS Cont. 3/week+ Continuous during discharge FREQI✓NCY CLASS CLASS E III. Cont. 3/week+ Continuous during discharge l SUPPLY_. PLANTS UIREMENTS FOR SIC 4941 LTENT LIMITED CLASS CLASS 1 � Weekly Weekly 2/month 2/month Weekly Weekly Weekly Weekly Weekly Weekly CLASS CLASS I 17 2/month Weekly Weekly Weekly 2/month Weekly 2/month Weekly Monthly 2/mouth 2/month Weekly * WATER QUALITY I II E Weekly U,D Weekly E 2/month. *0 'ED Weekly Weekly Weekly NORTH CA4RoLLYA AD "NIS2`RAT E CODE 05/13193 Cont. 3/week+ Continuous during discharge E QUENCY CLASS mIT Weekly 2/month Weekly Weekly Weekly DISC FREQUENCY CLASS III 3/week 3/week 3/week 3/week Weekly 3/wenk * ** week eek + week CLASS rV Cont. 3/week+ Con nuous during dare CLASS P/ Weekly 2/month Weekly Weekly Weekly CLASS Daily Daily Daily Daily 3/week Daily Daily 3/week+ Daily Page EH.VR - EN17RO.VAIENTAL GEMENT T15,4: 02B .0500 4 Temperanire, 5. Temperature, ° 6. BOD, 5-day, 2C1)C 7. TSS S. Ammonia Nitrogen 9, Residual Chlorine 10. Fecal Coliforen I I. Fecal Coliform 12. Conductivity 13. Conductivity, 14. Total Nitrogen 15. Total Phosphorus 16. Toxics and Toxicity REQUIRED TEST E U,D E,I E,I E E E U,D E. U,D E E LOCATION 1. pH 2. Temperature, °C 3. BOD, 5-day, 2CPC 4. TSS 5. Ammonia Nitrogen 6. Detergents (MBAS) 7. Fecal Coliform 8. Total Nitrogen 9. Total Phosphorus 10. Toxics and Toxicity 1. Dissolved Oxygen 2. Dissolved Oxygen 3. pH 4. Temperature, °C 5. Temperature, °C 6. BOD, 5-day, 2CPC 7, TSS 8. Ammonia Nitrogen 9. Detergents (MBAS) 10, Fecal Coliform II. Total Nitrogen 12. Total Phosphorus 13. Toxics and Toxicity 14. Conductivity 15. Conductivity E E E E E E E E E E U,D E E E U,D E E E E E E U,D Daily Daliy Datly Weekly \xlekfy 3, 04e:k+ 21morith Weekly 3, week 2/month Weekiy 3 txer.k. 2itnorith Weekly 3,/ week 2./wk 2./week 3, week 2/rno nth Weekly 3, week 2.(ctiocth Weekly 3i week+ W=kly W=kly 3, w=k Weekly Weekly 3/week+ • 4. ** SERVICES QU1REMENTS FOR SIC 7000-8999 EFFLUENT LIMITED CLASS 1 Weekly Weekly 2/month 2/month Monthly 2/month 2/month * Monthly CLASS Weekly Weekly Weekly Weekly Venanth Weekly weakly 2/naonth WATER QUALITY LIMITED Weekly Weekly Weekly Weekly Weekly Weekly Weekly Weekly Weekly Weekly 2/month Weekly 2/month Weekly Monthly 2/month 2/month Weekly 2Jmonth Weekly * Weekly Weekly W=kly Weekly * FREQUENCY CLASS 3/week 3/week 3/w=k 3/week Weekly 3/week 3/w=k Weekly 11. 01. 3/week 3/week+ 3/week 3/week 3/week+ 3/week 3/week Weekly 3/week 3/week O* 3/week 3/week+ Daily 3/wctit Daily Daily Daily Daily Daily 3/week+ Daily 3iweek + * CLASS IV Daily Daily Daily Daily 3/week Daily Daily 3/week Daily 3/week+ Daily Daily 3/week+ Daily Daily 3/week Daily Daily * **, Daily 3/week+ + Upstream, and Downstream monitoring in water quality limited waters is to be conducted three. times week during June, July, August, and September, and once per week during the rest of the year, * Total Nitrogen and Phosphorus Monitoring (I) Monitoring Requirements (A) All facilities equal to or greater than 50, d, shafl moitcr for total N and P. NORTH CAROLINA ADMINISTRA77VE CODE 05/13/93 Page 16 APPENDIX R TYPICAL PERMIT CONDITIONS FOR NON -DISCHARGE LAND APPLICATION SYSTEMS (REF: NCDEM) PERFORMANCE STANDARDS Upon completion of construction and prior to operation of a permitted facility, a certification must be received from a professional engineer certifying that the permitted facility has been installed in accordance with the permit, the approved plans, and specifications. 2. The Mooresville Regional Office, phone no. 704/663-1699 must be notified at least forty-eight hours in advance of operation of the installed facilities so that an in -place inspection can be made. Such notification to the regional supervisor shall be made during the normal office hours from 8:00 a.m. until 5:00 p.m. on Monday through Friday, excluding State Holidays. 3. The spray irrigation facilities shall be effectively maintained and operated at all times so that there is no discharge to the surface waters, nor any contamination of ground waters which will render them unsatisfactory for normal use. In the event that the facilities fail to perform satisfactorily, including the creation of nuisance conditions or failure of the irrigation area to adequately absorb the wastewater, the Permittee shall take such immediate corrective action to correct the problem, including actions as may be required by the Division of Environmental Management. 4. The assurance of a permit shall not relieve the Permittee of the responsibility for damages to surface or groundwaters resulting form the operation of this facility. 5. The sludge generated from treatment facilities must be disposed of in accordance with. General Statute 143-215.1, and in a manner approved by the North Carolina Division of Environmental Management. 6. Diversion or by-passing of the untreated wastewater from any treatment facilities is prohibited. 7 The following buffers shall be maintained: a) 400 feet between wetted area and any residence or places of public assembly under separate ownership, b) 150 feet between wetted area and property lines, c) 100 feet between wetted area and wells, d) 100 feet between wetted area and drainageways or surface water bodies, e) 50 feet between wetted area and public right of ways, f) 100 feet between wastewater treatment units and wells, and g) 50 feet between wastewater treatment units and property lines. II. OPERATION AND MAINTENANCE REQUIREMENTS The facilities shall be properly maintained and operated at all times, 2. Upon classification of any new facility by the Certification Commission, the Permittee shall employ a certified wastewater treatment plant operator to be in responsible charge (ORC) of the wastewater treatment facilities. The operator must hold a certificate of the type and grade at least equivalent to or greater than the classification assigned to the wastewater treatment facilities by the Certification Commission. The Permittee must also employ a certified back-up operator of the appropriate type and grade to comply with the condition of Title 15A, Chapter 8A, .0202. The ORC of the facility must visit each Class 1 facility at least weekly and each Class II, 111, and IV facility at least daily, excluding weekends and holidays, and must properly manage and document daily operation and maintenance of the facility and must comply with all other conditions of Title 15A, Chapter 8A, .0202. Once the facility is classified, the Permittee must submit a letter to the Certification Commission which designates the operator in responsible charge within thirty days after the wastewater treatment facilities are 50% complete. A suitable vegetative cover over all spray irrigation fields shall be maintained. 4. Irrigation shall not be performed during inclement weather or when the ground is in a condition that will cause runoff. 5. Adequate measures shall be taken to prevent wastewater runoff from all spray fields. 6. The facilities shall be effectively maintained and operated as a non -discharge system to prevent the discharge of any wastewater resulting form the operation of the facility. 7. The average annual weekly application rate shall not exceed the rates approved in the permit for the facility. 8. No traffic or equipment shall be allowed on the spray fields except while installation occurs or while normal maintenance is being performed, 2 9. Public access to land application sites shall be controlled during active site use. Such controls may include the posting of signs showing the activities being conducted at each site. III. MONITORING AND REPORTING REQUIREMENTS Any monitoring (including groundwater, surface water, soil or plant tissue analyses deemed necessary by the Division of Environmental Management to insure surface and ground water protection will be established and acceptable sampling reporting schedule shall be followed. 2, Adequate records shall be maintained by the Permittee tracking the amount of wastewater disposed. These records shall include, but are not necessarily limited to the following information: a) date of irrigation, b) volume of wastewater irrigated, c) field irrigated, d) length of time field is irrigated, e) continuous weekly, monthly, and year-to-date hydraulic (inches/acre) loadings for each field, f) weather conditions, and g) maintenance of cover crops. The effluent from the approved facilities shall be monitored by the Permittee at the point prior to irrigation every April, August and December for the following parameters: BOD5 TSS Fecal Coliform pH NH3 as N 4. Three copies of all operation and disposal records (as specified in condition HI 2) and all effluent monitoring data (as specified in condition 111 3) and any other data as may be required shall be submitted on or before the last day of the following month to the following address: NC Division of Environmental Management Water Quality Section Facility Assessment Unit PO Box 29535 Raleigh, NC 27626-0535 5. Noncompliance Notification: The Permittee shall report by telephone to the Mooresville Regional Office, telephone no. 704/663-1699 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 wastewater treatment facility which results in the treatment of significant amounts of xvmmteo which are abnormal in quantity oruharoctmhat)u. b. Any process unit failure, due toknown nfunknown reasons, that render the facility incapable of adequate vvamtavvatn/ treatment such as mechanical or electrical failures of pumps, aerators, compressors, etc. C. Any failure of a pumping station' nevvwr line, or treatment facility resulting in o by-pass directly tmreceiving waters without treatment of all or any portion of the influent to such station or facility. d. Any time that self -monitoring information indicates that the facility has gone out of compliance with its permit limitation. Persons reporting such occurrences by telephone shall also file a written report in letter form within 15 days following first knowledge of the occurrence. This report must outline the actions taken or proposed to be taken to ensure that the problem does not recur. IN, GROUNDWATER REQUIREMENTS Atleast 3Q days prior to beginning waste disposal operations, the requisite number of approved monitoring wells shall beinstalled tomonitor groundwater quality. The well(s) shall be constructed such that the water level inthe well is never above orbelow the screened (open) portion mfthe well at any time during the year. However, the exact location and construction details for these vvaUa shall be approved, PRIOR TO BEGINNING CONSTRUCTION, by the Mooresville Regional Office, from which a well construction permit must be obtained, 2. The proposed |ooabmnn for the monitoring well network shall be as required in the permit. Each well shall be given enumber. Thmsenummbors are tobeused for all correspondence with the Division reqarding an� vv°UL inc|udinq oubrniasjon of sampling reporta. - Monitor xveUa (specify numbers) must be sampled initially after construction (and prior to waste disposal operations) and thereafter every April, August, and December for the following parameters: Nitrate(NO.)Total Dissolved Solids (TOS> pH Total Organic Carbon (TOC) Ammonia Chloride Water Level The measurement of water level must be made prior to sampling for the remaining parameters. A copy of the GVV'1 fumn must be attached to the initial GW-58 form for each 4 The measuring points (top of well caning) of all monitoring vvvd|m shall be surveyed to provide relative elevations of the measuring point for each ofthe monitoring xveUm. The depth of water in each well shall he measured from the surveyed point on the top of the casing. If TOC concentrations greater than 70 rng/I are detected in any dovvngradient monitoring well, additional sampling and analysis must b6conducted to identify the individual constituents comprising this TOC concentration, If the TOC concentration as measured imthe background monitor well exceeds 10rng/l, this concentration will be taken to represent the naturally occurring TOC concentration. Any oxcemdanoegofthis naturally occurring TOC concentration in the dovvngrmdient vvwUa shall be subject to the additional oannp|mg and analysis aodescribed above. The results of the sampling and analysis shall bmsent tothe N. C. Division of Environmental Management on Form GVV-59 (Compliance Monitoring Report Form) every May, September, and January. 4. The Compliance BouodarYdelineated mnthe approved site plan for the disposal system is specified byregulations in 15NCAC 2L^ Classifications and Water Quality Standards applicable to the groundwater of North Carolina. An exomwdanca of Groundwater Quality Standards beyond the Compliance Boundary is subject to penalty provisions applicable under General Statute 143- 21 5.6A. The sale of property, by the Perrnittnm, which is within or contiguous tothe disposal aYstnrn site may alter location ofthe Compliance Boundary. For facilities permitted on or after December 30, 1983' the Compliance Boundary is established at the lesser of 250 feet from the irrigation fields or 50 feet within the property boundary. If the title to any property, which may affect the location of the Compliance Boundary is changed, the Perrnittem shall notify the Division Director within 14 days, The Director shall then establish a modified Compliance Boundary, which will be done as modification to the Permit. The REVIEW BOUNDARY delineated on the approved site map for the disposal system is specified by regulations in 15 NCAC 2L, Groundwater Classifications and Standards. 4`REVIEW B[)UNC>ARy}sestablished around disposal oyatenns midway betvvmmmthe ��ornp|ienoe Boundary and the perimeter of the waste disposal area. When the concentration ofany substance equals o,exceeds the rnmxirnurn allowable concentration of that substance at the RE\/|EVV BOUNDARY, as determined by monitoring, the pe[rnittee shall either (i) demonstrate, through predictive calculations or modeling, that natural site conditions, facility design and operational control will prevent a violation of standards atthe Compliance Boundary; o,, (ii) submit a plan for the alteration of existing site conditions, facility design or operational controls that will prevent a violation of standards at the Compliance Boundary, and implement that plan upon its approval by the Director. 5. Any additional groundwater quality monitoring, as deemed necessary bythe Division, shall be provided. V. INSPECT11ONS 1 Adequate inspection, maintenance, and cleaning shall be provided by the Pernli1tee to insure proper operation of the subject facilities. 2. The Pwrrnittem or his designee mhoU inspect the wastewater treatment and disposal facilities to prevent malfunctions and deterioration, operator errors and discharges which may cause or lead to the release of wastes to the environment, othreat tnhuman health, orenuisance. The Penmitteashall keep an inspection log or summary including at least the date and time of inspection, observance made, and any maintenance, repairs, or corrective actions taken by the Perrnhtae. This log of inspections shall be maintained by the Perrnioeofor a period of three years from the date of the inspection and shall be rnedm available upon request tothe Division of Environmental Management or other permitting authority. Any duly authorized officer, employee, or representative of the Division Of Environmental Management may, upon presentation of credentials, enter and inspect any property, premises or place on or related tnthe disposal site and facility at any reasonable time for the purpose of determining compliance with this permit; may inspect or copy any records that must be kept under the terms and conditions of this permit; or may obtain samples of groundwater, surface water, orleaohate. VI. GENE.RAL,CONDIl0ONS The non -discharge permit shall become voidable unless the facilities are constructed in accordance with the conditions of the permit, the approved plans, specifications, and other supporting data. 2. The permit ioeffective only with respect to the nature and volume of wastes described inthe application and other supporting data. 3 The permit hvnot transferable. |nthe event there is a desire for the facilities to change ownership, or there is a name change of the Permittee, a formal permit request must be submitted to the Division of Environmental Management accompanied bvanapplication fee, documentation from the parties involved, and other supporting materials as may be appropriate. The approval of the request will be considered on its merits and may or may not be approved. 4. Failure toabide hythe conditions and limitations contained in the permit may subjectthe Permittee to an enforcement action by the Division of Environmental Management in accordance with North Carolina General Statute 143'215.6A to 143-215.0C. 5. The issuance of a permit does not preclude the Permittee from complying with any and all statutes, rules, regulations, orordinances which may beimposed byother government agencies (|nna[state and federal) which have jurisdiction. -6- A set of approved plans and specifications for the approved project us be retained by the Perrnittee for the life of the project. The annual administering and compliance fee must be paid by the Permittee within thirty days after being billed by the Division. Failure to pay the fee accordingly may cause the Division to initiate action to revoke the permit as specified` by 15 NCAC 211.0205 (c) (4). The Perrnittee, at least six (} months prior to the expiration of the permit, shall request its extension. Upon receipt of the request, the Commission will review the adequacy of the facilities described therein, and if warranted, will extend the permit for such period of time and under such conditions and limitations as it may deem appropriate. APPENDIX S INFORMATION - EAST LINCOLN COUNTY WATER AND SEWER DISTRICT APPENDIX S EAST LINCO N. WATER AND SEWER DISTRICT FACT SHEET 1. The district covers much of the area between Highway 16 and Lake Norman from Denver to Highway 73 and Little Egypt Road. 2. Growth in this area is relatively high, while soil conditions for septic systems are poor. 3. Service would be provided by an interconnecting system of gravity lines and low-pressure collector lines flowing into strategically placed pump station/force main systems. 4. A new 750,000-gallon-per-day wastewater treatment plant would be constructed at the site of the existing treatment plant on Forney Creek near Little Egypt Road. This would be a state-of-the-art facility consistent with all North Carolina Water Quality requirements. This plant would be designed and constructed for easy expansion to the ultimate future capacity of 1.5 million gallons per day. . The district boundary, as shown, combined with the proposed collection and treatment system provides the most cost-effective plan for providing sewer service to eastern Lincoln County. • All possible options, alternates, conclusions, and recommendations were openly discussed and reviewed with members from the East Lincoln Betterment Association (ELBA), the East Lincoln Section of the Chamber of Commerce, Residents Organized for Sewer Effectiveness (ROSE), and representatives of the Lincoln County Board of Commissioners and staff. 7. The projected connection fees (total of Availability Fee and Tap -On Fee) would be $3,000 during the first year of availability and would increase over the next ten years. 8. The Estimated Monthly Fees (total of User Charges and Real Estate Tax increase) would vary from $18.50/Month for a $60,000 tax -valued lot to $40.17 for a $250,000 tax -valued lot. 9. An additional Real Estate or Property Tax of between $0.05i$100 and SO.CS/S100 will be levied to provide construction services. 10: The costs for the District include the County providing all individual grinder pumps required for homes not able to be served by gravity. This will provide a great economic advantage by purchasing a largequantity at once and equalizing costs between those which can be served by gravity and the vast majoritywhich cannot. 11. The entire system has been engineered for easy expansion to include capacity for all areas of eastern Lincoln County, not just the initial district boundary. Areas not currently in the district which wish to be included would have to petition for addition/Inclusion. l 5C Advantages • Environmentally correct • Moots now Watershed reaulatia • Reduces polluted groundwater • Eliminates need 8 costs at septic systems • Contractor casts are tower • Interest rates lowest in 20 yrs. • Enhanced site planning • Installation competitive to new septic system • Enhances resale value • Protects Lake Norman in East Lincoln • Government grants to "clean^up• the environment may be available • Installation casts will not decrease, Disadvantages • Increases taxes • Invrtes addrtional growth • Unnecessary tor farmers 8 acreage awnars with septic repair areas EAST LINCOLN WATER Y ER BOARD COMMITTEE -------- Clyde Armstrong, 225 Mundy Road Jabe Cooper, 437 Fairfield Church Road Gary Dellinger, 7982 Malibu Pointe Lane Dr, Warren Hoyle, 612 Burton Lane Larry Olmsted, 7276 Price Point William Reinke, 8151 Luckey Point Road Suzanne Sellars, 320 Cherry Lane West Janis Watters, 2135-205 Regatta Lane STEERING COMMITTEE Doug Core, Killian Road, Stanley, NC Jim Foreman, 8443 Luckey Point Road, Denver, NC Rick McAdams, 3002 S. Lakeshore Road, Denver, NC Lee Tatum, 8096 NC 73, Stanley, NC Dave Wulthorst, 4598 N. Lakeshore Road, Denver, NC about proposed • Replace individual septic -systems service, central se+ave • Worn -Opt septic fields. • Population growth increases environmental challenges. • New regulations on Watersheds. • Generally east of NC16 between Denver and NC 73. ■ • Combination pressure and gravity sewer lines to new Central Sewer Treatment Plant. ..1 r;., • Atter a 'YES" vote on April 27 Advantages and Disadvantages_.. details inside. Prepared and paid for by: — East Lincoln Betterment Association - Residents Organized for Sewer Effectiveness — Chamber of Commerce — Citizens for the Environment The East Lincoln Sewer District was created by the Lincoln County Board of County Commissioners in response to East Lincoln citizens and businesses who have repeatedly em- phasized: • Serious septic problems exist in the Lake Norman region, Conditions have worsened during the 7 years since central sewer was first proposed and will continue to worsen. • Lack of modern sewer facilities have restrained economic development and job opportunities in East Lincoln. • Quality of Life in East Lincoln is diminished without modern sewer service, • Lake Norman provides drinking water and recreation to thousands of people. 7 7:733Z 77:-;17 SI 77 ] Lake Norman and most development lies below the eleva- tion of NC 16. Waste water must be pumped to a large sewer service main on NC 16 where it can flow by gravity to the sewer treatment plant. Waste from the premises is flushed through a plumbing system to a septic tank near the premises where most solids settle in a catch basin and are digested by bacteria, Liquids flow by gravity to buried pipes where liquids flow into the soil and are 'digested' by a different type bacteria. As undigested solids accumulate in the septic tank, it is necessary to `rave them pumped out periodically and disposed of in a safe manner, When soils in the septic field beccme saturated, the liquid is no longer digested properly and leaks into the soil which is a nuisance and pollutes the surrounding soil, water table and surface waters. Average life of a septic veld is abot.t 15 ,years but can vary greatly depending on the amount of :age and soil type. Ai C-( (New House) SEWER TREATMENT PST NC 16 Conventional Indoor Plumbing System mil Grinder Pump Provided by County 7 Pressurized line to street Neighborhood Road Pressurized feeder to service main Gravity -flow service main to Sewer Treatment Plant Plumbing Contractor connects sewer line to grinder pump rather than septic tank and drain field. Contractor installs small line (similar to water line) to feeder tine at the street. Grinder pump 'liquefies' waste and pumps it to feeder where it is transported to the service main at Hwy. 16, From there waste flows by gravity to a modem sewer treatment plant below NC 73, The county provides the grinder pump I , owns and maintains the service lines L� , service main and sewer treatment plant. NS sa a1;r 13 • Who will vote on the Referendum for the district? The registered voters living within the district. • Who will benefit from the sewer system? Residents and businesses within the district. h others pa tb jr,airF, r would be necessary to pay their fair share of initial and start-up costs pli. the cost of tying on to the original system. • How much will the entire system cost? Approximately 14 million doers, • Who pays for the system? -• Properly owners within the district, -- Users who benefit from the system. Customers of distncl businesses (portion cif sales tax receipts}, - Future users of the system, • What would It cost to use the system? In addition to a special annual tax based on property value, a user would pa - Availability fee (when sewer service becomes available to your locatic .., a one-time fee) - Tap -On fee (to connect to the sewer services ... a one time fee) Operating fee based on usage .., monthly . see chart) • What Is an "Availability Fee?' 'Availability Fee' represents the cost of constructing a Sewer collector along the street adiacent to a property, This fee does p,i) have to be pat if service is never utilized, However, the fee will be substantially lower wits service is first available, • What is a Tap -On Fee? Tap -On fee represents the cost of making the sewer system available*, the neighborhood. (The sewer treatment plant, the service main, the pressurized feeders, etc.) Do have to connect to the system If I live within the district? No, you do not, unless your septic system fails and can not be repaired. A new construction must tie onto the system, • If I do not connect to the system when initially available, will It be possible for me to do so al a later date? Yes, however, the lowest cost will be when service is first available. • Why should f support a sower system when my septic system seem to be working satisfactorily? Septic systems in this area have a life expectancy of about 15 years but cc. vary greatly, depending on usage and soil conditions. A failing septic system, in addition to being a nuisance, is an environmental and he.altir hazard.. • What do I have to pay If I do not want sewer service but own proper within the district? You will pay a sewer tax based on propeny value. This is based on a ta. levy of 3c • 8e per $100, Tax an a 6100,000 property € ould range betwee $30-$80 per year, If government grants for cleaning up the environrner became available, tax rates could be reduced by Lincoln County Commii stoners. • If I do connect to the system, what in addition to the one-time connection fee, will 1 be charged? Eased on an average househo d using 200 gallons per day (6,000 galls^ per month), the monthly' usage charge will be about St9 per month. ESTIMATED MONTHLY FEES __ SMALL LOT AVERAGE LOT LARGE Lai 0 7,000 14,50 --__ el 9.00 2 4.00 — 10,00 40,•;, APPENDIX . ? CTIONS Ili SA ITART DISTRICT B KLT p . 130A-55„ lire 3 should read C, S. i.. C 48 ~, (16) d. , line 5 should read city or tun F # , ( 2) , fine 1' b should read satitary ragraph beginni .g with A.ssessme©t rolls ." is part of 130A-55 72) and should be 13C+A-55.1 should read aan.tara CONTENTS. `isle 2, Part 2 of the General Statute. otNarth C s,--Iin, , . . M .. 4, , . . M 4 . . 17 Tel 'bevy for V alidstine. of appointment cc elscE ou et mcmbeas d Merger of district. with ceutigoaas city or town: sideetke .. 20 4ncorporstioitd:municipality s.nd •imultanecxs dissolution cd sanitary district, d(___ with transfer s end liifr�r'.L wl from tdistrict LL3'tei .: tt.: 4 4. • • . 22 issolniScas of sa+ it'aJ,districtiu restreceitan. e.. .. W . !orgier of two contiguous sanitary districtstap:bit... . . � Rs'afwater ... .....•sd....ro. ..... g7 'eci for future coliBention is )- .. .... 27 for Crestrimg aSanitary District in Antzed11.12C1 with Gestral Artois 2, Pat 2, Seed= l A-4710 3 tk-8'i ..... 213 Part 2 Sa.nioovoy § For the purpose of preserving and promocing the public health and welfare, the GOTEIMittSiaTI may cr‘mts sanics---y dis7rints without regard for totrnty, township or tar.:.,rticipai lines. However, no municipal =rporation or any pert of :he territary in a municipal corporation shall be included in a saticry district except at the request of the governing board of the municipal corporatkm. If the municipal corporation has not I "vied. any tax not performed any o..!•Eciai act or: held any elect/oat witnin peritrd. Cr: four years preceding the date .a toe petition fcr the sanitary distrim, &request cf the rtrverning board snail not be required. (1927, c. 100, & 1- 1955, c. 130'7; 1957, c- 1857, al; 1973, 47fi, & 12a: 19413. 891, s. 2,1 § 130A-4S. Procetture for incorporating clirict. A sarmittry district shall be itcorperated aa follows'. Either forty-one percent (51%) or more of the resident freeholders within proposed sanitary di Itri et Or 51'u-one percent, (51%) or more of the freeloolders within a proposed sacitar7 &eclat, whetor not the freehold era *re mei dents of the proposed sanitary die' trict., may petition the COUTttY bezrd of earcomissioners of -.he ecronty in which aLl or the largest portion of the land o? the propoSed dieozict is located. This pertition shall set forth the boundaries of the proposed sanitary disict and the objectves of the propoeed &strict For the purposes of this Part, the terra "treehtdder" shall mean a persion holding deed to a tract at land within the district or proposed district, and also shall mean a person who has entered into a cant -act to purchase tract cf land within the district or proposed dtrict, is making payments pursuant to a contract and will receive a deed uput completion of the contractual pay-menta The contracting purchase'„ rather than the cont-acting shall be deemed to be the freeholder. Upon receipt of tbe petition. the countylocard of commis- sioners. through 143 chairperson, shall notify the Department and the ;.hairpers©n of the county board of ccfmmiasionera of any other county or =unties in which any portion of the proposed district lies of the receipt of the petitien. The chairperson shall request that the Departrient bold & 5oint pfalic hearing with the countr commisaioners of all the counties in -which a portion of the district Lies concerning tbe creation of the propoeed sanitary district The Secreotry and the chairperson et the two -ray board of eel:Tunis- sioners shall name a time and place within the proposed district te bold the public hearing. The ehairperscon of the county board of commissioners shall gfire prior notice of the hearing by posting a notice at the courthouse door of the county and also by publication at least once a week for fottr succsive week in a newspaper published in the county. In the event the hes.ring is to be before a oirt: meeting of the county boards of coommiesioners of mare than one county, or in the event the land to be afected lies in more than one county, publication and notice shall be ma -de in each of the affected cour.tiee.. In the event that all matters p-ertainic.g to the creation of this eanitary district cannot be •=nc_luded. et the hearing. tbe hearing may be continued at a time and place within the propceed district named by the Department. (1927, c. 100, iss. 2-4; 1951, c. 178. s. 1; 1957, 1357. s. 1: 1959, c. 1189, s, 1; 1.965, co 135; 1967, c. toe change {b) The c+wner or requesting that the plant or the phut excluded from the .sanitary Commission n on or before the date Cr! the proper fled, the Commission shall include or exci and coctigtioust value it acocdance with the application. (c) Each district when created shall be identified by a aaaiyr-:sed by *Ate Commission. 1927, c.100. a..5; 1957 t~ 1357, s 12a, 1983, c.891,a2..) of indualzial rig the territax wiLtia i may make minor dev: in the petition when it detuThinee the is health. industrial plant -may tnssice application luded within or filed wit.h the application is ial plsutt uctber c 476, S 131A' 4 . Election mid terms of office of sanitari distria board& (a) The Department shall send corm, of the resse]ution ores ngtire.aani'tery dia-*ict to the county board or hoards of county commissieneri of the crusty or unties in witicit all or part of the district is is tegi The board or boards of. commisaiows shst!] bold a ant or joint reeving for the purpose of electmg the mein to of the sanitary dssizict hoard.. (b) The" sanitary• iistri board shall be composed of eTher three or Eve members ae the a:n y .ccanna i san,ers in their shell Vie. The merobere first appointed siLai.i serve se the governing boxy of the e��y. disiz-ict until the tit ;egu ar eledicn for municipal and special district ofacers as provided in G.S. 163279, which occurs more than 94 dais after toes apperinterit. At that election. their shall be elected. The terms of the members shall be ftsr two years cr four years and -may he s=ggered spa d eterm iced by the comity beard of commissioners so that some rnecihs are ..ectecl at each bieonial el ectioc,. The members o the sanitary triot board shall_ be resided. of the distr The county beamd of commis - loners s:-.at1 xzdy the end board of ru of any 3e+cision made und. _er :his snb:vc.. qe? The ei ectian ab.all be nonpartisan and decided by pc-Jvic. is G.B. 163-2 atoll 3h31 a h .d and =ducted by G' elecdicris .st acr With the applicable p.ra c iskc cfArtclee of Chavter lt'Ki cf t e C--e a; Stx::atea_ If the district is is more CritIrt, them ,the 'eii ntw'r board cf � of the =anty inc-.1'.14iing the largest part a t_e district 'Icod. a et the a ieca rrn for the ems, i re disc -le, with the ti e 1114 f.311.p -z: ion of tt^.e b arc12. of e? ec1t the otter cu cam. (d) The board of elcmshall certify the resukacf :Ke =iort' co the clerk of SUperior court The clerk of superior =Il-t ball take and tile the oaths of office of the board members elected. (e) The elected members of. the hoard shall take the oath of ciffice GC the fu-st Monday in Decetril- following their elect;on and shall serve for the electnd until their successors are elected and quald- (1927,c 100, a. 6; 1943, c. 602; 1953, c. 798; 1966, c. 1073; 1957, c_ 1357, a. 1; 1963, 644; 1971 c. 4743, L 128: 1981, c. 1SB, a. 1: 1983, c. 891, 2.) 130A-6L City governing body acting as sanitary district () Won the General Assembly incorporstes a cioror to that includes within its territory fifty percent (5O%) or more of the territory of a sanitary di,strict, the gcoserning body of the city or town shall become ex officio the governing board of the sanitary district if the General Assembly provides for this action in the incorporation act and if the existing -sanitary district board adopts, a final resolution pursuant to this sectiom The resoluton may be adopted at amy time within the period beginning an the day of ratification of the incorporation isct and ending 270 days utter the effective date., (b) To begin the process leadbig to the city or town board becoming officio the sanitary disizict board. the board of the sanitary disict shall first adopt a preliminary resolurtion finding that the interests of the citizens of the sanitary district and of the city or town will be hest served if both units of lam girmnintent ars governed by a single governing body, This resolution shall also set the time and place for L public hearing OM the prearninary. resolutkoi. (o) Upcm aoloptiorvot this praliminarr resolution, thi 4-haitversoo sef the sanitary district (ward shalt publish a notice of the public hearing anna at least 10 days before the hearir.g in a newspaper of general circulation within the sanitary district., This notice shall set. forth the time and plane of.the hearing and. 'ball briefly describe its purpose. cAt the hearing, the hoard shall hear any citizen of the sanitary district or of the sty or town who. ishee s33eai to the settje of the preliminary resoluticm.. (d) Within ao ova atter the day of the public *nearing, the sanitary district. 'board rcay adopt 1 hall resolution finding that the interests of the citizens of the military district and. af tne eity or co II will be best served if both units are grrvried by a single board.. This resolution shall set. the date on which the terms of office of the roembers of the eanita.-y district board &rid anti that board is dissohred and service by the exufcioboard begins. This date nisiY be the effective data ce Lse incorporation of the ci-z, or fosse. or any data within one year after the effective data. At that time, the unity district board is dissolved sad the mayor and members ef the goverting body of the city or town become ex officio the board of the taziitary district. The mayor offiC,O chairperson of th.e sanitary discrict (e) The 4:Lai/psi:moo of the sanitary district beard that .dop.t Lfinal. reachoc shall irithia 10 days atter tbe day the resolia-an ia adzcted., send a copy of the resolution, to the CIXYDr and each ire mb-m- of the governing bos.rd and to the Depart:ram. (1961, c. 2O1;19.c. 130A-52. Special election if not election held in Novelnber of 1981. - (a) If irt & sanitary district, an election of board numniperrs wia required to be held i Nomber of 1981 'ander G.S. 130A-50 but was Dot held, the board of wit russioners of the county or ccruntles in which the drt.r let is located may by resolution ortleit peCia] election of ail the beard members 1a3 be held at the same time as the G-e-neral Election in NOveriber of 1982. (b) The election shall be held old the procedures of Articles 23 and. ?A d Chaptir 168 of the General Statutes and inaccordance with G.S. 130A-50, except that filing shall open at noon on Monday, August 9..1982, and chase at Once on Macau, .A.urast 23, 1982-' (c) In the electice held under this section. all of the members of the board shall be eiected: If the board of cocimissriar.cm has proved ed for two- (e- h:mil, ear terns, the members elected In 1982 shalt serve until the 1983 or 1965 electiort; respectively, and then their successors shall be elected for the two -or four-iyear terms provided the ermTeq Ward or boards of cum*-: nilasitmerse (4) 'Any resolution adopted Milder subeection (a) of this tion shall be Elea irlth the Department (1981 (Reg; Sen., 19812); c. 1271,a. 1; DM, c: 991, 2.) 130A-53. Action validated. Any action of a sanitary district taken prior to June 1. 1982, alai not be invalidated by failure to hold an election for members of the board. (1981 Meg. Seas.. 1982), c. 1271, s. 1: 1983, c. 891, a. 2.) i 130A-54 Vacancy appointments tt.‘ tastrict, boards - Any vacancy in t sanitary dist-ict beard shall be filled by the county commissioners until the TteXt election fur sanitary district board member& If the disaict is located in more than one county, the vacancy shall be filled by the counts.- CI:Immiesioners of the county from which the vacancy occurred- (1935, S57. Z 1967, c. 1357, 1; 191.c.1,i.2;19,e..891,L2.) S 180A-55. Corporate powers. A sanimary district board shall be a body politic =A corporate and me,y sue and be sued in matters relating to the sanitary district. Notwithstanding any limitation in the petition under G.S.13A-48, but subject to the provis' ions of G.S. 130A-55(17)e., each sanitar7 district may exercise ail of the powers granted to sanitary di etr icts by this Article. In addition1 the sanitary d.;,stri board shall have the following powerx (1) To zoom ire, construct, rr_aintain and opemte sewage collection. treatment an.d disposal imams af all types, including septic tank systemsor other on -site collection, ''elkt2T1111'd 07 disposal facilities or 4 systems; grater supply /stear..x water puts and other ut.1 ties necessary for the preservation aid p er-cr tion of the p+folic health and sanitary welfare within the di ru-ict The utilities aF.s.11 be constructed., operated and n-*iatained in aecordanee with applicable statutes and rules (2) To acquire, c3rns rtict. maintain and operated sewer collet, treatment and d.posal syst ns of all' , including septic tank systems or other an -site collection or disposal fecillties or rya; water supply systems; water purificatirm ar went plsn1 a.ctd other utilities, iea, within and outside the cot^paeste ]irko o the district, as way be necessary for the preservation of the public health and sanitary welfare oxtaide the corporate limit of the district, within ✓ es oazhte limitation_ The utit1 ti es s atoll be tZn trueta d, wed and maintained in accordance with y placable statutes fowl rules. a. The sutbarity granted to a sanitary district by the provisions af this subsection is 'uppiiira ental tc the svtbearity frlattlid tc * sanitary d tric-t by other provisions of law. b. Actions taken by. a sanitary district to acquire, 'eonstrn ee, maii kin and operate sewage collection, ant and dsway./ - teirs cf all *Tele wai`:sr+. upply Vie; water plkification or tret.enc p:actaand other utilities within and ,outside the corporate llrriita to provide service outside the ecrporatie Hittite are approved and validated. d. ' e. This subsection shall apply only is wattles with a porpu'laMion of 70,000 or greater, as determined by the most recent decennial federal census, (3) To levy taxes on property within the district in order to carry out the powers and duties conferred and imposed on the district by law, and to patio the principal of and interest oc Dowels and Hates of the district (4) To scgiure eitaer by purchase, condemnation or visa and hold real and personal proper', easements, ri -of way and water rights in the name of the district within or without the corporate to Limits of the district, necessary or convenient for the lion or- 1711LiDteZATICE of the works of the district (5) To employ and compensate engineers, counsel and other pecans as may be necessary to carry out prOecta (8) To negotiate end en;, *r into agreement with the owners of caisting water 3u pp l i es, sewage systems or other utilities sat rosy be neces- sary e3 carry out the art. rt of this Part (') To adopt rule! ne-reaeary for the pre functioairg of the dietriot However, these rule! 'hilt cot c nEitt with Hiles by the Can for Health Set -rice!, En Tirorunenttal Mauagement Com- mission_ or tlae local board d of health having jctr 1.d ictiort over the area. (8) a. To contract watt any person within or outside the ecrrporate limits af the district eta suPpIy raw wain without charte to the ent to allow the dist-ict to previous ws e± guppy. The ct is its expense it improve- e de] iv ery of the w when, Doerd atd the ➢epa.rrr;nent, b. To limits of he district • u3 the to whm-e The it e � ice �nippiie d otticle. ward rosy Lisn±ta bat shall _. be lids fir ahnreislh arrt supply of water and adequate c. To oatrant with any Perim w%t iaa or o nt de the corpara limits of the district for the treatment of the ae m a sewage disposal or trealraent plant owned and constructed ar to be co t ra ctad by the. persor- (9) After adapting of a plan as provide:: in G.&. 130A-64 , the sanitary district board noel, is its discretion, &kerr or rm.: y the plan if the Department tiet4amines that the alteration or -modifl cater due" not constitute a material d'eviatiori from the objective of the piaa and is in the pc:biic health interest of the district The s::teratirm or motilicat:on must be approved by the Depot,-t .aast The sanitary die is board may appropriate or reapprnpriate =may of the district for carryin out the altered or modified plan. (10) To take a, is n,. subject tsa the approval of the Dew for the prevention god eradicatioe of diseases trenzmissible by vectors by instituting. pr oveau far the eradication of the rmosquito (1) To c i.le= and dispose of garbage, waste ziul other ' refuse by can tract or o chet-rise. 12) To establish a fire departrn rnt, oar to ear : "fur frefght+icg appara' as and p nre] for the p teetlrrn life and property within the district. To provide ide or contract for rite squad ar othererae.Tgen.cy. The sawitary district shell be eaubje~ t to G.n. i 53A-2. 1 (14) To have privileges ant, icrzriurtit:es granted to other gt e.L.rhentat Jc.ite is exercise of :he g ernren .l functio s. (15) To use the incomes( the aisziet.. amid. f if nor, to levy and collect ct taxes upon all the =Able propercv a•hin the district sufficient to Pal, :he coerta of coileezir.,g and die Pon in; of garbaira, wake awl other refuse, and to p,wide ire P ratectiall and rescue services in the d.istrict. Taxes shall be levied and colleted az the Sarre time and ixi the same manner as taxes for debt sex ee i presided in G.S. I tlh-6 (1£} Tc &nape rake fur :he pcornotion and p arm for these perpose~ to peewees the fol lc :n g a. To require Rey persee owning, occupying cc property within the district to corm ect with ear ycir both the sew age Fysterne of La d igtr c w :.en the local heath having :mriaclitionevertheproperw,dewer;niresthatthe the people residing within the district will he eedatgered by e failure to cos ri . b. To r uin any peesoe owning, occupying or aan oiling improved real proper-y within the d ist:- l eft whwe the ►ate" cc swage systems of the di —i are not immediately available or it is irrpracsic l with the syeteitta to it: tall unitary orileta, septic skcs and ttber health equipment or installaticr.B is fiance W iti rpplicabier statutes uucl rule& e To order a n to abate a public health nu :el:axle* of t &taxi= If the, pesam, being ordered to abate the urrisaIICZ refuses to corn.ply with the order, the sanitary district board may iastlizte an action in the superior court of the county where the public health nuisance exists to enforce the order. d. To abolish or regulate and control the use and. occupancy of ail pigsties MI other animal. stockyards or pens within the district and for an adatienali distance at KO feet ; beyond the outer boundaries of the district, unless the 500 feed is within the corpo- rate limit t of a city of town. e, Upon the nasc impiionce bar a, pencilttt & rule adopted b9 the sanitary distr`ct'ocardi the board shall the Orion: a of the rule being violated a d the facts ceilltitathe vr;oiatioq„ The pence shall hive a nasonable tine to pitztpiy with the rule as determined b" the kcal Sso1;13 director ofthe persan'a residence. Upon fait re to eastaplylifthin. the specified time or within a time erteadred by the can itary district board, the person shall be guilty of a mis- demeanor f. The. mutr d.is ° board ' a thoc..zed to enforce the rules acted purrcia=t ie Part b rt rirnival action, including ir nc- trve re bet Far the pure of prcn 'big and protecting the pro blic health. ash and the general welfare of the State, a earitary istrict board is suiteore to establish ea : crnicg unite say par:imta of the sanitary district ncc under the control of the United States or this State or any ageer. or ineccument.ality of either, in eeterdonce with the few -wing: wit$ry disrritt board ah it deeigesate an area a zoeing area until a Petit 54ned by two-t_hi±s o tee qualified in the area, ss ah a ay the registr&tien books -..eseci ir. the last general eiectioc, and wits a petition ae ned by t -thi rda of the of reel p o ..rtr to tine &res,, as. shown by the remit CCtl in the affice of the regietter of deeds fn r the u ac , is '.`Jed with the gs: hoary district nosed. The petitiac roust be ace mp ied by a map of the F ; :ccirg area. The beard ehsJl ho a public lessirig to obtobtain cc'r,�mect � .�� : of the mint arm. A. pu iic hearirtz rv1 b publishe -. in a n�ima 'per cif ziati OM in the count; ttf all be poated at the =n n c y =orthouse and in three other laces it the i — �.�7 bin a s district area. is eaca:aliebe i w ; y=n a canna tine asniLtrydieG7 dastothernrin ..a xr sha;.I P m. 4_ and duties and rr ci tions Pa.. 3, A.r cie 19, Chap 1 r -x .Howeer, the sanitary. ; +disw�. �. kt ;test. 1 board © iU not be recpa red k� appoint any zoning OC=1=itliSiOM a. . a zoning�rn:rtissi�n nor boardis �a><.rc of *��t If i:h� sanitary�r-$t.."*teYat it$rppj-`,.e�j. -h- ciea-ict hoard shall save all rigit& c. A sanitary dia 'icc board may enter into an city, towar a*= .with F utitary disict. for the establishrzient of a joint atoning crctn ion.. d. Ai sanitary dial ict board is authorized to use the income cd :he district and levy ar_d collect t:$r..es upon, the to .able Progc. within the d trio TI ecesaary to carry ant ancl en!r a the rates and prcrviei.oca of this su ctian. a This subam.tionahali apply coltx sand are cc�nta,�st� to an incorporated Vetted city c town and. are located within thr miles or teas of the bac.'ntRriee of two a,m. or towns. -a a far and cure by contact : di ib system � t iris the district when the water for the zixst.^ furnished by the district_ if the aim i"hu;, *Timm is by a dis ict;, toe ciistiict. may a rntinue a :hough it :'!mthe �ez:tan G,..hs remains cittaid 'the d:.tict if`a of real and personal pr'operrty fcri the :m ?iTpose of totprofit wry- to ern, operate and maintain funds'cetneti !oar h the dons pro , . .; and to establishplc:-atl care the cemeteries in the ta-az prn ided. 1,7 G.S. To ahpe of real c-r person1 a.^�art3 i ^� to; � procedures a,. gyp' prate ibd in ' to Ge.n. si Statutes. .ram Pam - ^ea in Article 12 ot Chapter .1.60A to the-:- 'ice. refer. :' '�^'r7id'ii Y �,,�,,,���7 i„ to tale aTi7'.Z �. G s..-i ✓oa d . x. i d t h,e 3a] itar, 6^- i 1fi i EJ woo L* �e"���7"•I:1 3L7r ef�, »''S a the t:.1` or pd.1710*elCif this au ti*e. r1 »n!s is G.S. 'me ur r - rp cif are 3 ,,.c ref ca one test__ 70 we--e the district, and to maintain real and personal prc?er+q far a medical clinic to serve the dietri. (="; To make special assesamen, against benefitted property within the corporate limits of the sanitary district said within the area served , or to be served by the sao.itary district for :he purpose of co=truct- ing, recor.stniction, extending, or crtherxise improving wat.,. sys- tem3 or sanitary collection, trftscrnent, and sewage disposal systems, in the same MaTIMM• that a cour.ry may make ape -Jai assessments under authority of „Article 9 of Chapter 153A of the General Statutes, except that the language appearing ir. G.S. 152A-195 reading as follow: "A county may not assess property within i city purniuult to 1:1:DdiVilliOCL (1) or (2) of th..:/i section unless th.e governing board of the city hsa by resolution approved the project,' shall riot apply n assesarnents levied by unitary districts_ For the ;nu -vases of Cr.is paragraph, references in Article 9 cif Chapter 153A cr: the Gen ezal Statutes, to the "courity,`" the "board of county commis- siomrs," " the board" or 1 specific county official or ernployee are deemed. to refer respectively to the sari district and to the official or employee of the sanitary district who, performs most nearly the same duties per by the specified county official or employee.'- 4ela Assessment rolls after being cottfirrned shll abe Mfor ed re tra twat In the office of the Register of Deeds of the county rn which the propertabering assessed is located, and the term"citunty tax collector*wherever usein 153A.-195 and G.B. 158A-196, ihsil clear the efflux designated by thi sanitary dierziet tn'perfr.errn the functions dean in said sections ot the - statute. This subdivision applies only sitaty disicts with a population of 16,000 or over. (1927, c. 1.00, & 7; 0 , c. 8, sa. 1, 2: 1936, c. 287, as. 14 Z' 1941, c. 116; 1945, e 651:a& 1,2; 1947, c. 476, 1949, c. 880, s. 1, cc. 1130. 1145v 1951; c.' 17, a. 1; c. 1026, & 1;1957, c. 1857. a. 1; 1961, tc.. 669, 866,116641963, e. 12;t2; 1965, e: 496, a. 1; 1967, e. 68Z c. 637, u. 1; c. '798, a. 2; 1969,,ec1479, 400, 944; 1971, c. 780.3. 29; 1973, c_ 476, a 128; 1979, c- 520, 1.2; c. 1, 655; c. 820, sa. 1-8; C. 898, I& 1..-4; 1981 (Reg. Sese:; 1 1237; 1983, e- 891, a. 2 c- 925; & Ed harts ?? ate. -8 bdiria (=) of 19E3, c. 925, IL. and teKndified by a semi= is fcc-mer 130-:M1(2:3}, as sdaed, the sic-- e,ffective:is.n. 1, 198-4° effective ;July2Z. 1983. by Sion Law's 1 130A-55.1.. Withdrawal of water A sanitary disuict is empowered to engage in litigation, or to fiainwith other partieit'ia litigstiem oppediag the withdrawal of water atm a river ar other watez• Fx.ppiy. (1SS3, e. 55, a.. 1.) Editor's. Nc4e.-Seer:Jacc. Law* 1983, c.- 1S5, L Z. rakes thin secticn effective upon ratifieitimi. The Let "(YU r*:;fi ed at lia:m41 Pint Six ll L.aws 1983 ES'. ided cr.:: bill rail - fled by t h e 198s GetHrrij. ner--1 by =end- ing a pa..--„ t repealed Chaptea- 13-0 w'll conet-u oid ta amend the awroprixte pert af Cr* pier 13 0A. th-e iecticrr. has been codLLed f n of of ce board star n i cam board 31t.1l ntee: and e? ect cot of its and ar_cthe r rnern be . as Lierzetary. F. a-th member of per diem compensation and otter compensation ;c n as p o ided for rcemState boards 3 d-er G.S. 13S-6, papraoi.e from the fonds of :.he d i rt ri.rt. {b) The board gnsq. employ a t:e 1t etenagrapeer or ot.ner as ante as Cectesarn and ;r..ty ffi du,t es of and compensation for em pl oyees. A. sanitary diatwboard ay r otte employees rand fill vacancies. -es. (1927, c 1010, a, 5 19677 .1257, 1. 67, c 2 1977, o. 1St98 I. z 1, �,Wa 130A-5 7. Power to condemn property. sanitary distr;r. beard may pircbase; real estate, rift - or ems, ert vrithin ar outside the corporate lim ta. of the distract r iropn,.efeents authccized by this Part. If a phase price cannot be agreed upxixt, the board may eccdenin the rtsl emote; r ht-of--wa,7 or e, eernent it levirdicacc with Chapter 40A of the General Statutes. (192 7 c.100, n. 9; 19331 , Nall 1967. c. 1857, a.1;1984,, c. 19, s..13;1983, 5,; s 1 o d rtrlct and 11 13611 Construcfionof ostettna by corpor tur % d icy ittad gable er irtpract earl for to eanitar7 d is i a build a sewer sit or part.of either to serve an area within the ct. a =rpocatlon or. residents within the sar:itsr rdiat- ct aug a system at its ow their own expense. The system :bah be operated under plans ardd specifications apprrxced by tbe by tbe Department. T h e system shah 9.7mo be =erected Hance with applicable rules and states,. (1447, e. 100,ar c. 416, s. 122; 3.983, c. 891, 5.24 4 130A-59. Rep rte. Upon the eia engineers licensed by thi sanitary district. 'The repo. nistar:c bird and shal] include the following: (1) Comprehensive :naps showing the boundaries of the Limitary district and, to a general way, the location if the va:r:vim parts of tbe work that is proposed to be dome and information as rcay be need for & tthoramgh understanding of the proposed under- ' taking; ( A genera d ipt on of e: i g facilities for mrryinz the Purrroses of the dish sera] de .crlptitm of the varms plans which irugl be ackrPti. for accornpliahrnent or the pw-poses cif tbe d iota ct Gee rat plans and specifications for the work; Germs description of property proposed to be aaquirnd ar which may be damaged in carrying out the woriq 10 (6 Carnparxr=sa detal estimate's of . o and end..._'i 0 ns. 1; ": ', c. 1040, a. 11; 1 30- o Conside.rac an of reports znd adoptn of z plan. ) a (l A ;oy the e3 cols trepot; ftl ed atom r g'i g pursx:ant� G. .1S0_ „_49 s�ba.l be the sini to y d .t.. jot boa r^d and t e 1 even Before a3crpting a plan tine boardei-:a[l ade�p�; pan.'cat' c�caidr, ing �b?�na to the plan. hold a pezblic hearing far � pnc'pce+c Plan. Once adopted, the sanitary, diszict board shall submit the plan to the effective until it is s Partrr.,en �. The Was shall not � fin) The pproved by the gepartmeent proviefc of this section urd of G.S. 130A-68 shall apply when the sanitary district board determines that adoption of the plan iasrran ce of bon ria.° E awv these Prequires the '� pur�chaae off �mic� shall not apP�" to a proposed Shang equipment and apparatus. Failure to observe or :comply V tb these provisions shall nor•., h bonds at a sanitary�e�,r, affect the�tii�d�g of d-ntrict (192'T, c1tIXI Lit 1949. e. 880,_L 1;1951. e. 17. a.. 1; - M57 c' 1.°. 7, I. 1; 1978. c. 47e, a. 12E4 1958, e. 891, L ' 1.3OA-61 Bonds and notes authorized A sanitary district is authorized to issue bonds and ut€d t Government Finance Act {1927, c.190, s.13; 1949. c. 891.a,2.) . �1. sc 1'T, a. 1; e. 846, 1.1; I9fsi, c. L357, a. 1: 1968, c.1247, L 1; 1971, c. 7 , a. 27; 1983, c. $ 134 .-62. Annual budget; tax levy. fa) A ea,uitary district shall operate unu, an annual balanbu :cicxrted In accordance with the Lccal Government Budget � Control Act. a� Fiscal ' • (b) A sanitary district has the opthou of either collectingits ow havingits des crrllec'.�ed � taxes orby tar county or cc ties in which it is [nett+ d, Gem a dia4 is takes affirmative action to collect its own taxes, taxes shall be collected. by :he county. (e) For sanitary dlstricos whose taxes May 1 of eachace collected by the county, before Tear. the tax supervisor of each +county 1n which the dietr'ie is located shall certzir to the district bow the in the � � as valor of prrrpe•ty ' subject to taxation by the district, and the , 's assessment ratio. By July 1 or upon adoption of its annual irad board shall 1`3' to t eo i C ordinate, she dia rr ct +rsl ar e�rrl, tax levied �' board of commissioners the rate of aded by the die= ict cc proper'-- in that county_ If the assessment rLtke are not iclmtical b al] crdins.�rce shall leery separate counties, the district budget rates of iri valorem. tz1ea for each eog,.-nt Tbes.e ranee shall be aditied 903 that the sec -lye rate is the same for all property located in the district The "effective rate' Ls the rate of tat which produce :he same tar liability OM Pam', ty of equal sppn j �*s}tse. U p i e v ri(xls rt_ L357, 1`13 c. 11 recei. ir.g the cis- - ct"s cert f cant n ct i s tax lee r, „he shall compute the district tax for e the district tax on the count; taxreceipts for »he its l ys er. T e rnnry shall collect the " Cstr;et .' it tie Same manner that county :zees e collected and shall these collections to the district at least monthly. Partial payments shal3 be proportionately divcd.e'd between the county and the. district. The district budget ordinance may include ara appropriation to the county for the cat to the county of corn DU. tir;g, billing and cell cti;rg the district tax. The amount of the appro :- atiear: slaail be agreed upon by the couttty and the district, but -nay not exceed five percent (5%) of :he district levy. Any agreement shall remain effective until modified by mutual agreement. The amount due the county for ocallecting the diet,-iet tax may be deducted by the county frQr:t its monthly remittances to the district or may be paid to the county by the district. i d) Sanitary districts electing to collect their own taxes shall be deemed cities for the purposes of the Machinery Act. If a district is located in more than one county, the district Ord may adopt the assessments placed upon property located in the district by the =unties in which the district is located, if, is the opinion cf the hoard, the same appraisal and assessment standards will apply uniformly throughout the district.. If the beard determines the: adoption of the assesarn.enta fixed by the counties will not result in uniform appraisals and assessments throughout the district, the board may, by horizontal adjustments, equalize the appraisal values fixed by the counties and in accordance with the procedure prescribed in the Machinery Act, select and adopt an assessment ratio to be applied to the appraised values of property subject to district taxation as equalized by the board. Taxes levied by the district shall be levied uniformly on the assessments. (1927, c.100, a 17; 1935, c. 287, se, 3. 4; 1949, e. 880, s. 1: 1951., c. 17, a. 1; 1957, c. 1353, a 1: 1959, c. 994:1963, c.. 1 1965* c. 496, s. 3;1971, c.780, a 29; 1983, c. 891, a. 21 130A-63. Engineers to provide plans and auperyk; bite (a) The sanitary district board shall retain engineers tieerc€ ed by this State to provide detailed plans arid specifications and to supervise the work undertaken by the district. The work or any portion of the work may bedlam by the sar_i;.ary district board by purchasing the material an letting a contract for the work or by letting a contra for furnishing all the materials and doing the work. (b) All contracts far ^c 'ork performed fos rs ruction or repair and for the purchase cf rnaterials by sanitary districts shall be in accordance with the provisions cf Article 8, Chapter 143 of the General Statutes which are applicable :o um -atlas and municipal orporatons. (c) All work done shall be in accordance with the plans and specifications prepared by the engineers in coriforrelity with the plan adapted by the sanitary district board. (19 c. 100, s. 19; 1957, c. 1357, s. 1; 1977, c- 5-44. s. 1; 1983, tnta d shall separate ers to 130..-k-€4. Service charges and rates. 3, sanitary disrict board shall apply service charges and rates ba_sed enact benefits derived. These service charges and rates sha1.1 'aes-officient prcvide f-ands for the maintenance, adequate depreciation st.,7d opreation the work of the district If r...aonable... the service ci-iarges and rates may clods an amount sufficient to ;ay Lh 'principal and interest mataring on e outstandi-ng bonds a-nd. to the ex4-..ent not otherwise provided for, bond. :ticipationziotes of the district. Any surplus from operating revenues, shall et aside a,s a .9 eparatk fund to be applied, to the payment of interest, on or ; the retirement of bonds or bond anticipation notes. The sanitari dist.rict oard rnay 1710d ify and adjust. these service charges and rates. (1927, c.100. s. 01 1933, c- 8, & 5; 1951', c. 13.57.S. 1; 1965, c. 4%, B. 4; 1983. c. 891, s. 24 130.k-65. Liens for sewer service charges in sanitary dis- tricts not operating water distribution system; col- lection of charges; disconnection of sewer lines. In sanitary districts which maintain and operate &sewage system but do not maintain and operate a water distribution system, the charges made for sewer service or for use of sewer e ry c e facilities shall be a lien upon the property served. If the charges are not paid within 15 days after they become due and payable, suit may be brought !r, the name of the sanitary district in the county in which the property served is located, or the property, 3 u bj eat to the lien. may be sold by the sanitary district under the same rules, rights of redemption and savings es are prescribed by law for the sale of land for unpaid ad valorem taxes. A sanitary district is authorized to adopt rules for the use of sewage works and the collection of charges. A sanitary district is authorized in accordance with its rules to enter upon the premises of any person, using the sewage works and failing to pay the charges, and to disconnect the sewer line of that person from the district sewer line or disposal plant A person who connects or reconnects with district sewer line or disposal plant without a permit from the sanitary district shall be guilty of a misdemeanor. (1965. c. 920, a. I; 1983. c- 891, a. 2.) 1.30A-66. Removal of member of board. A. petitionwith the signatures of twenty-five percent (25%) or more o.r the voters within. a Sanitaz7 district which requests the removal from office of one or more members of a sanitary district board for malfeasance or nonfeasance in office may be tiled with the board of. commissioners of the county i-n which, ill or the greater portion of tl-te voters of a sanitary district are located. Upon receipt or the petition, the =-on.',z, board of commissioners shall meet and adapt a resolution to hold an election on the question of removal. In the event that more than one member of a sanitarY district board is subjected to recall in &n election, the names of rh member of the board subjected to re...All shall appear upon separate ballots- If in & recall electiona majority of the votes within :he sanitarydistrict are cast for the removal of a member or members of the sanitary district board subject to recall the member o irtrs shall comae to be a tnerr.ber or rhern't..,ers of the minitsr7 disei et bc.rd. A va.cancy shall be imrne-Ciately filled. The ex-.ses of helding a recell electionshall be paid from he fands of the sanitary diszric4- (19.27, -a 1.CbD, s. 21; 1957, c. 1357,s. 1: 1381, 186, a. 3; 1983, c. 891, s. 2-) 130.A.-67. Rights -of -way granted. A right-of-way ir., along or as a =i.l.rity or State highway,, su-eet or property iLia sazitary district is granter:. to a sanitary diat i case the board finds it re -cry or convenient for carrying out the work of the district. Any 'WC rk done in, along or across a State highway shall be done in ac=rdance with the rules of the Soard of Transportation. (1927, a I09. s. 1933, c. 172, s. 17; 1957, c. 1357, a. 1; 1973, c. 507. 5; 1983, c. 891, a. 2.) 5 130A-68. Return of election& In all electiens provided for in this Part. the board of elections shall file copies of the returr.s with the county boards cif commissioners, sanitary district board and clerk of superior court in which the distr is locs„ted, (1927. c.. lY3. s. 23; 1957, c. 1357, 6.1;1981, c.188,0.4:,19&t, s. 1 139A-69.. Procedure for extension of district. (a) If after a sanitary district has been created or the provisions of this Part have been made applicable to a sanitary district, a petition signed by not less, than fifteen percent ,15%) of the resident freeholders within any territory conti'guous to and adjoining the sanitary district may be presented to the sanitary district. board requesting annexation of territory dpacribed i. the petition. The sanitary district board El hall send a copy of the petition to the beard cf' coOr.S of the county or counties in which the t is locatededhe Departrneni)Tbe antarydistrict board sh the De and the c for hairperson of the sanitary district board shall publish a notice of in hearing ar,e in a newspaper or newspapers published or circulatin.g in the, sanitary district and the territory proposed to be annexed, The notice shall be published not less than 15 dap prior to the hearing. If after the hearing the COM (71 im) approves the ar'nexatni Of the territory describad in the petitior., the Department shall advise the board or boards corruniseioners of the approval. The board or boards of commissioners shall ordm- and provide for the holding of a special election upon the question. of annexation within the territory propesed to be annecce-d. OA If at or prior to the public hring, a petition is flied with Cae sanitary district beard signed ty r.ot than fifte-eri percent (1.5%) of the freehol6L-rs residing in th-e sanitary district requesting an election be bell en the annexatierquestion, the sanitary district board shall send a copy of the petitier. to the board or boards of cccirriinioners whc shall orde and provide for the subrnis.sion of the question to the voters within the anitary district 14 This el ion rtaf he held or. t 3II, rre day as tie e cticn in the t ri m pr9pceed .o be snowed, and o h ete4 ions. and re. Cr—S may purse anc. si:tgle nonce. A majority of the votee cat s necessary for a. Lerri :ory to be annex to a senita-v distr: . (c.) The election sb U "as. nele by :tie cotin I:card or coa_rda cf elecct ors as soon as possible after thebeard or boards of commissioners orders the el —tic.. The crest cf the elec.tion shall be paid by tf:e sanitary district_ R.eg sr.rstor in the area proposed for ar nerxa:icrt snail. be under the sane procedure as G.S. 163-2.2.2. id) Notice of. the ele-ier. 3h.li toe giver. 3s required by no: shall include a statement that the boundary lines of the territory to be ai r_exed artd the bou darr lines of the sanitary diet-ict hive been prepared by the district board and may be examined. The notice shall also state that if a majority cf the thoee voting in the election favor annexation. theta the territory annexed :haft be subject to all debts of the sanitary district (e the ballet shall be substantially as. follow: " C FOR annexation to the.. , . , .....Sanitary District 0 AGAINST annexation to the.. , .... , , . Sanitary D istri The board. or boards of etiwtions shall cer:i1y the ;e ultsof the election to the sanitary district board. and the board cr cards cf commissioners of the t 3t:nttiY dr stint, '4 iTL ar!1it;h the district is located. (f) Notwithstanding any other provisions of this sec :eon, if a. petition for extension cf the boun.dari..n of a sanitary district is sighed by of lose than f .one percent (51%) of the resident freeholders within. the territory proposed to be annexed, it shall not be necessary to hold an. election provided for by this se. on on the question of the extension of the bound es of the anita-y district (g) Notwithstanding any other pro ,a*ors of this section¢ if a petition for extenzi.on of the boundaries of a sanitary district is signed by the owners of all the real property within the territory prapoeedto be annexed, it shall net be neceastrr to hold any election, or any hearings provided for by this section on the question of the extension. of the boundaries of the sanitary district, (h) No right of action or defense founded upon the invalidity of the elect.:ort 11 be asserted, *nor shall the validity. of the election be opera to question in court on any .ground. uniess the action er proceeding is commenced within 30 dars. after the certification of the results by the board or boards of elect i oats. (1.) When additional terr torr'has been annexed a s its d°iaatriot a-td the proposition of ":sacin,g'ponds of the sanitary i as ben approved by tSe voters at an electicr. subsequerot to annexation, fib -cane percent (51%) or more of freeholders. within the s^:nexe . territory may petition. the !an 'tar!: d board for the removal and exc".usic - of the terri ory from the sanitary district_ No Petition .ray be filed after bonds of the sanitary district have been approved in an election held at any time ar'e.r annexation. U the at itar y district hoard approve; the petition, it shall send a copy to the Depart.' -rent . opiee tearing shall be annexation, of ad comply with the resolution to that dis ict, (1fl27 957. e. 1357, . -5;_9 the pe ition by ors- t and she. send a.-ddi- Doa= i or ,ass cr.e.m. A public cinder :he sa_-ne pro•cediire provided for the any; territory, If' the ornrr.ission duns it ad: request of the Wit'h.tj °sa.bie tor, .he Conn: i n she. adopt a off t and sha'i cede_ re the 'emundar ` the sanitary 00, E. 24; 1943- c. 543; 1.947, c, 463, s. 1: w 959, (.1189. s. 2, 1961, c. 732; 1973, c. 47a. 1?3. 198i, c. 1, s. 2.) 1� - 7 M, District and mi. unact pai"rty ex endi i t ie ar d corporate limits. simultaneoo „nw (a) When the boundaries cf a sanitary district lie entirely within o. a re coterminous with the corporate lirmit ► of a city or bow- and the sanitary district provides the only public water supply and sewage disposal system for the city or town, the boundaries of the sanitary district and the corporate citytheor town many be extended. sirnulttiane sly as prcvrided in this section.. (b) Twenty-five percent (25%) or more of the resident freeholders within the territory proposed to be annexed to the sanitar-y district and to the city or town may petition the sanitary district board and the governing board of the city or town setting forth the boundaries of the area proposed to be annexed and the objects annexation is proposed to accomplish. The petition may also include any area already within the con not. also corporate 1 izn its of the city or town but ady within the boundaries of the sanitary district. Upon receipt cf the petition, the sanitary district board and the governing board of the city or town shall rneet jointly and shall hold a public hearing prior to approval of the petitan. Notice of the hearing shall be made by posting a notice it the courthouse door of the county er counties and by once a week far four consecutive weeks in a newspaper i a notice at leapt �pe3 with a circulation in the county or counties. if at or after the public hearing the sanitary district board and the governing board of the city or town, act' approve the �S jointly, shall eachpetition, the petitan shall be submitted to the Commission for approval. If the Cornmisaic►n approves the petition, the question shall be submitted to a vote of all voters in the area or areas proposed to be annexed voting as .a whole. The election shall be held on a date approved by the sanitary district board and by the governing board of the city or time- (e.) The words " E A in For Extension" and "Against et Extension" shall be printed on the ballots for the election. A majority of all the votes cast is rze ar-r for a district and municipality to extend boundaries and corporrate limit simultaneously. (d) After declaration of the extension, the territory and its c tizerts and property ahsll be subject to all cleats, ordinances and rules in force in the sanitary district and is the city or town, and shall be er_-tied to the sarne privileges and berNefits as at. ,m- par os of the sanitary districx, and the c ty cc town. The newly annexed territory abal I be subject to the sanitary ar..y d is rict and the city or t.owri Mixes levied far the r l year following the date of tnnesattion. e) The costs of holding and conducting he eiection for anne tion pursuant to this section. nall be snaredequally the sa.nitary dis7d-ict and by the city 07 ta-r (f) The sanitarF district board and the s,overning board of the city cr town acting jointy, may order the board or boards of elections of the runty or counties in which the ttanitary distrizt and the city or town are located, t..,0 call, hold. conduct and C*1.4:71 the result of the eleotio". n, tiording to the provisicr.s of Chapter 163 of the GenersIS.tatut. (g) When the boundaries ors sanitary district and the wrporatelirrits cf city or town ars extended as provided in this section, acid the proposition of issuing bonds of the sanitary district as e.nlar.--sed has not been .approved by the voters st an election held within one y e-s.r subsequent to the extension, the annexed territory may be removed and excluded from the sanitary district in the manner pnvided iri G.S. 130A-39. If the petition includes areas within the present corporate limits of the cityor town but not within the present boundaries of the sanitary district, these areas shall not be removed or excluded. from the city or town under the provisions of this section. (h) The powers granted by this section shall be. supplemental and add- itional to powers conferred by any other law and hill 710.t. be regarded as in derogation to any powers now ept-ting. (1953„ c. 977; 1957 c 1357, s. 1.; 1973. c, 476, s. 128; 1981, c. 186, 6. 61 1983, c 891, s. 2.) 130A.- 1. Procedure for withdrawing from district Fifty-one percent (51%) or more of the resident freeholders of " portion of a sanitary district which has no outstanding indebtedness, with the approval of the sanitary district board, rna,y petition the county board of commis- sioners of the county in which a major portion of the petitioners reside, that the identified portion of the district be removed and excluded from the district. If the ccturity board of commissioners appi, aces the petition, an election shall be held in the entire district on the question of exclusion. A majority of all the votes =at is necessary for a district to be rerncered and excluded from a sanitary district. The county beard of commissioners shall notify the Commission who shall remove and exclude the portion of the district, and redefine the limits accordingly. (1957, c 1357, s, 1; 1973, c. 476, a. 128; 1983, c. 891, s. 2-) 1 130A-72.. Dissolution of certain sanitary distrk 0 Fifty-one percept -(51%) CT more of the resident fr tr' .t which halo outs:andirtdindebtedri rnisioners •o te county: in which\e.• • or the greater portion of the resident freeholders of the district are located to dissolve .rG• the district Upon receipt of the petition, the county .troard of corn- ' sioners shall notify the Department and the chairnerson of the coun- ; an • other eoi • nties in which any portion of the district I and shall est that the Dep2.rtrent hnd a oi1tDubiic heajg wth the coun- s cncerng he diohticn cf the distrct. The Sec- ch_itirws3on of the eou of corn • '...ioners shall 1,7 I - eiru.Iaon th for our consecetive ee1t aTI p&rugre dissolution of the sanitary district cannot. be concluded at the hearing, the hearing may be continued tc a time arid place e*ereermined by the Depart ment If after the hearing, the Commissicn and the county board or 'wards of commissioners deem it sdte_sable to corrip'ty with the request of the petitioe, the Commission shall adopt a resolution to dissolve the sanitary district The sanitary district board of :he dissolved district is eutborizej to eonvy all assets, including caaho to ar.y county, municipali-*-, or other gover to:lent:al unit, oto au t,uhcu v iorna.v oiatzi North C&nilhim UtLities Corimziof1 ir. thrn for the a5mrLo of the obligation to provide weer and sewage services to the area seved by the district at the time cf diseoluticro (1943, e. 62V; 1951, c. 17E, s. 2; 195 13,57, 1; 196/, c, 4, a. 1; 1973, c. ,s. 19S3. c. 891, s 2.) 130A-73. Dissolution of sanitary districts having -no outstan.d- ing indebtedness and located wholly within or eater- rninolus with corporate limits of city or town.. When the boundaries of a sanitary district which has no outstanding inciehted.riesa are entirely located wthir or coterminous with tbe corporate limits of a city or town, fifty-cme percent (51%) or mare of the resident freehelders within the district may petition the board of ccriorniasiorters within the CD131141 in which all cr the greater portion of the resident freeholders cf the district are located to dissolve the district. Upon receipt of the petition, the board of ceimmiesioners shall notify the Department, the chairperson of the board of commissioners of any other county or counties in which any portion af the district lies and the governing body of the sty or town within which the district lies of the receipt of the petition, and shall request thst the Department hod a public, hearing with the board or boards of OOMMISPIfOrlien and the governing body of the city or town. The Secrertar", the chairperson of the board cf cern missioners of the the CMInty which ell or the greater portion of the resident freeholders are located and the presiding cofficer of the governing body of the city or town shall risme time sod plain within the bcundaries of the district and the city or town for the public hearing The cv.Inzt board cf zernmissioners shall give totice of the hearing by posting prior notice at theeci Laz3se door of the county or counties and also by public:a:ion in a newspaper or newspapers circulating in the district at least once a week for fc-er consecutive weeks_ If ail matters pertaining to the dsoluticin of the eanits-oy district cannot be concluded the hearing. :he 'hearing may be continued to a time and pLa det&erninect by the Departmertt If, after the hearing. the Commission, the county board or boards of e0131missicmers end the governing 'oody of the city or tow-n shall rr';p a' the request of. the the Co mission ng the district A.11 taxes lery-ied 1r the hich were levied prior to but which are :allect.ed after e - in t:-sie city or town. All properrt helc_ maned cantro'led ct. upon :he dissolution or which. may later be and all judgments, Tiers, rights and caLsesof actions it-. fa r` cf the sanitary d.istric: shall vest in the ci or t7wn. At the dissolution, .a:es owed the sanity 'y dJet.rct shall be =liecte =' b7 the c s . ' " , c-476. s. 2 : l3.3... 1, s. {) t�� �. i19�, c. 5.��. . �. § 130A-"4. Vslid ti n of creation of district. All actions prior June 6. 19.61, ta'ter by the sianer4,1 by the Stain. Board, i Hess tit, by &ny cf5ce'r board cr officer of the State in the formation and ere districm in the Stale, and the formation and a-ea`ion. formation and creation of any sanitary districts. are in all :'e cts validated. ese sanitary districts are declared lawfully formed and crea`- ass:. in all. respect legal and valid sanitary districts. (1963, c. 596. s. 1; 195 , c.1253.. s.. 1: 1951, c. 66 7, a.1: 19E3. c 891, s. 2.) § 130A-75. Validation lidation of extension of bo atIda.riee of districts. (a) All actions prior to April 1,1951, ts.ken by the State Board of Health.. a aunty board of commissioners, a.nd, assnitary district board far the purpose ax extending the boundaries of a sanitary district where the te'ritcrY which was annexed contained. no resident freeholders, and where the comer or owners ©f the real property annexed requested of the sanitary district. board. that the territor, be annexed to the sanitary district, are validated, 'notwith- standing any lack of power to perform them acta or proceedings. and notwithstanding any defect or irregularity in the acts cr proceedings. (b) All actions arid proceedings. prier to April 1, 1979, taken by the State Board of Health, the Commission. a board of county commissioners and a sanitary district beard for the purpose of an^.exi:tg additional territory •.a a sanitary district or with respect. to the annexation are validated notwith- standing any- lack of power to perform these acts, or p , dings or arny defer: Cr: irreg3Tarity in any actt3 or proceeding* these' itac ` districts are lawfully eat nded to include this additional terr'_tory. (1959. c. 415, a. 251975, c. 2nd Sys-. c. 1079, s. 1; 1%Z. c. 891. Tidat ra of dissolution of districts. ns prier 1.. 19E1, en l;t a county board of eornrnit , by the State Board of Health or Commission, by an officer or by any other agency, board cr officer of the State in .he dissolution of s sanitary distriz and the dissolution or a: err_p ed dissolution. of a4-aritary dis itt are validated_ (193S. c.. 5?5. a. 2: 1953, c- 5 ". s_ 1: 1981. c. 25, sa. 1. 2: 1933, e_ 891, 19 § 130A-77. Validation of bonds of districts. Al? actions and proceedings prior to April 1. 1979, talcen, and ail elec.:kr-9' held in a .sanitary district Or in a district purpo* rting tc be a legs.' sanitary district by vrtue of the purported authority and acts of a cour,ty board of commissioners State Board of Health. Comrhission. or any other board, officer or agency for the purpose of auth.orizing, selling or issuing the bonds of the sanitary district, and all bond s at any time re in all respeez validated. These sanitary district, aboncis are declared to. be the legal and binding obligations of the sanitary district- L953 c. 59E. s. 3; 1957, c. 1357, s. 1; 1979,. 2nd Sess., c. 1079. 3. 2 1983, c. 891, 3- 2-) § 130A-78. Tax levy for validate-d bonds_ Sanitary districts are authorized to make appropriations and to levy annually i tax on property 'having a sails in the district tinder the rules and according to the procedure prescribed in the Machinery Act for the purpose of paying the principal of and interest on bands validated it G.S. 130A-7'7. The tax shall be sufficient for this purpose end shall be in addition to all other taxes which may be levied upon the taxable property in the sanitary districe . SS, 3. 3; 1967, c. 1357, 3-1; 1973, c. $03, s. 17; 1983, c. 891. a 2.) :§ 130A-79. Va3idation of appointment or election of members of district boards. (al All action and proceedings prior to June 6. 1961, taken in the appoint- ment or election of members of a sanitary district board are validated. Members of these boards shall have all the powers and may perform all the duties required or permitted of them to be pursuant to this ?art. (b) All actions and proceedings prior to iay 1, 1959, taker, in the appointment or election of members of a sanitary district board and the appointrner,t or election of member s are validated. Members of these beards shall have all the powers and may perform all the duties required or permitted of thenpursuant to the provisions of this Part. (1953, c. 696, a. 4; 1957, c. 1357, a 1; 1959, c. 415, s. 1; 1961. c. 667, a. 2; 1983, c. 891, a 2.) § 130A-80. Merger of district with contiguous city or towa; election. Asartita7 district may merge with a contiguous, city or tawn ict the following 7rianner: (1) The sanita.-y district board and the governi-ng board of thecity cr tow,n may resolve that it is advisable to call an election within both the sanitary district taxi the city or town to determine if the .sarii'=ry district and the rity or town should merge: (2) If the sanitary district board and the governing board of the city cr town resolve that it is advisable to call for 33.71 election, both boards shall adopt a .resolution requesting the board of commis- sioners in the county or co4,inties in which the district and the togrn or city cr e.n.7 ;ricr s locatedI Did lection or a date named by the s.a itary district board. and the goverhing board 3f the city or tc-e-ri after car.sultat',C-77. with the appropriate board Dr boards of elections. The election 5 hall be held within the sanitary district and the city or torn on the question o.f rnere (31 The county board 3r boards cf commissioners shall request the appropriate board or boar -is of elections to hold a.rid conduct the election. All voters cf the city or town arid the eiknitary district shall be eligible to -vote if the election is .11ed in both areas as authorized in subsection (1)7. (4) Notice of the- election shall be given as required in G.S. 163-a3(81. The board c.r boards of elections TTIV use either method of registraticnr. set out in G.S. 1.63-2,88.2; (5) If an election is called as provided nsubsection (2), the board or. boards of elections shall provide ballots for the electio-n in substantially the following form: " 0 'FOR merpr of the Town of . . . and the . . — . Sanitary District. if a. majority of the registered voters of both the Sanitary District and the Town vote in favor of merger. the combined territories to be known as the Town of . . . . and to assume all cf the obligations of the Samita:7 District and to receive from the Sanitary District all the property rights of the Dist-ict, from and, after merger residents of the District would en$©y all of the benefits of the municipality and would assume their pro- portionate share of the obligations of the Town as merged O AGAINST merger." (6) A rrta;Ority of all the votes out, by voters of the sanitary district and a majority of all the votes cast by voters of the city Dr town is necessary for the merger of a sanitary district with the city or town. The merger shall be effective an July 1 following the election. If a traiority of the votes cast in either the sanitary district or the city or town vote against the me:71-er, any resolu- tion cr election en similar propositions of mergermay not occur until one year from the date of the last election. (7) Upon the merger ©f a sanitary district .and a city or town pursuant to this seCtiOnthe city or town shall assume all obligations of the sanitary district and the sanitary district; shali convey all property rights to the city or town. The vote for merger shall include a. vote for the city or tow to aSSI3T11e the obligations of the district, The sanitary. .district shall cease to exist as a political subdivision. .frorri and after the effective date of the inerger.. After the merger, the residents of the sanitary district erJoy all of the benefits of the municipality and shili assurr.e their share of the obligations of the city or town, .All tax. levied and collected by. the city- or town Leart, and after Le effective date of 21 ! cl w l P77 Elan* Luis .M,a Iln a4'.l • • • • • jo(k4D)u dO3 p ltsswirlac ns as pun curpaa.ta ar s . of 1°11 a t o ut:ol icy f8) as ucpssad -.Emu! aua Io at,-1 pus uoF si4; U M aaarp.; u3 4a. az 414 az npuoo t[ e ::.ol ;aala io -umpua Lip pnpuoo t[ i;:!u ua pacodead saczaplsaz ;Q. gLnu1saneaa.H auo Qey t[au it.zirooto atKlincuot lajo pzioq ayl "hut auo 1-1341 asoua u: paasoot 9[ ,C lltd:°;unuz pasodo. ! alp II .palsooi st 6zmsc[picnta pasodoz3 al valq.ft Rat LLunxxt Lip ?a aucolyaala;o p iaq alp Cq palarpuoa as Iraqi uxnpuaaajas as," ( ) .ta^ ega prdplursua s [navel-Woad:iv 30118tIi aacpo Sus apnour. £w pus : llrodptur i aq4 Q3 ;str ip 16.2iralusts arTa .OZ eauauaaZusare Eeetomgust s.o; apt td pus 'arsoq :>iu!uiae 8 ¢it ;o o llsadurto a pers Atlsd! •alunuz paatrdc.zd aye aoj watuurao.o.3;o varflj at; ttsttgs ea iiego 4oizIsip ,S.�r}l a sts alp Jo uo ;nlorst y as.1 paw ACtirstiprunui at; j° uc►c s- utLioouc ag,$ .sir; a;sp a.spo.np pa o ittd s ;as TIsys :ti 8'8 -C9T .s.D 'Thatwilat acavp-urszre ut 141lsdioilatua paccdo,zd a ]o sari acz tzc saa rd;o sz ►rprzass8a.t Jo; api,s.cud [Isgs : auzstp fixr,tues a 4 ;o papRoselp pus itlsdialunuu pescdcud a4 ;o uo2slod.toau! a-,l p© urt:pua3apa s r3I apsaaad pus an;asp auk, las ttni$ ;Ivllsdtatunut papa=d alp. To sepspunvq act augp Imp pi uorpt od-baoui eta (i) Laaulasua Su!ttsott°; a 'zl '1 llsrdlairanuz aul. sai mgvu pus suss t43Q ain Xrpatalaql pu°s lac s,p .L-spurs acp uopaltsrip suoaurgaum �dg apt,kc cd pus 6tp £rsZtusie s Otis sr►autuua ca sz .a,a sat.rop rntxi uw#tart sapalou, gals ' lsdt,:turua s aztzo ozrul JCtquzas4v rs.aarla9 aqy nay in A 'pl.rlorp fail tres iO umn os -9ata lInGalivtinurPi Piro aligclizitrnui Jo u : J0 oz'ui 'T -v`OSi ('& 's 1353 'a 4g86.1 :L 's '98t 'o `1861 : -D 'I9£I) ` - 9T ' 'J .413pa3 rti: we rmdlotctrw po2aatu ate. ;o map lau a auitczx p usa pa24aua a p ;o pos. op a;thug ;i7.4 pus uoasrwzu4alp l'e"44 ,aapse ra :x,issztu3z+aa ua uusamill tsool alp co aof s-.»tua..-elap a Io ndoo pa4.7;.: a plias tir'.ti prscrq 9uru.ra a41. -suaa v s lsscads p sews Jo uv;::,yr1-zzsuu7 ro; pauttiazir 73.E IpItpet uop-ao cload pus sua s s 3 ° 0; parr ui pint. tiaig2►6. ,F apuT s: �ts�s�p ac, � uo9.t«do4d ay [limn -pp tlr*.41 to ;o pi 23u[a1ar 8 a-cp 'ca, adds it. i.aarn it (8) p . rlsl:alu^w pa./Aqua a►'.t u� pcta4i a er�rs..al 1Tt ut .lcs.zerpaa pa'-:>a1;°o pall aq ruts .callracu 'City), and assumption of the Distries indebtedness by Tow AGAINST inoorporaton of the Taman (City) of . and simultaneous dissolution of the . „ Sanitary District, witi, transfer of the Districfs &saet . a.nd aci1iti. th the Town (ityl, and assumption of tbe Dies ir.de"^tedriess by the Town (City). (. ) If a, majorityof those voting in the referendum rote in favor of incorporating the -proposed muic.pz1iY and dissofring tSe sani- tary district, the board of elections shall notify the D-epartrnent and the Local G-oeernment Commiion of the date on which the municipality will be incorporated. and the sanitary district dis- solved arid ahall state that all, asaets and liabilities of the sanitary district will be traruderred to the municipality and that the municipality will assume the district's indebtedness (5) If a, ms.jority of those voting in the referendiun vote in !aver of incorporating the proposed 1:111171icipaiitt and dissolving the sani - txy district, the municipality shall be incorporated and the sanitary district 'shall be -simultaneously dissolved at 12 noon on the date set for incorporation in the incorporation act At that time: a. The sanitary district shall cease to exist as a body .politic and corporate; b.. All propertr, real, persrmal and mixed, belonging to the sanitary district vests in and is the property of the municipality: c- All judgments, Bens, rights and ocurres 'f action in favor of the sanitary district vest in favor of the municipality; d. kll rentals, taxes, assessments and other finds,. charges fees owed to the sanitary district sr e ovred to and may b. c011ected by tbe e. Any action, suit, or proceeding pending against, or i titutel by the sanitary district shall not be abated by its diesolution but shall be continued and completed in the same ma.nrier as iI dissolution had not occurred. The municipality shalt be apart to these actions, suits and proceedings in the place of th. sanitary district and. shall pay any judgment 7endered. again the sanitary district in any of these actions or. proce.e:fings. new pro-ccess need be served in any of the actions, suits (e pmceedings; f. Al obligations of the sanitary dsi including outstandin: indebtedness„ are assumed by the municipality, and all th. obligations and outstanding indebtedness are constituted 'oblige dons and indebtedness of the municipality. Tbe full faith an. .credit of the minicipality is derted oo be pledged for IA -- payment of the principal of and interest on all general obligT, :ion bonds and bond anticipation notes of the sar.itary distri el ar.d. all the taxable property within the municipality rerra:n subject to tzzation for these po em and g. A11 r:lee of the sanitary district shell come rue in effect until repealed or amended. by the gore*ring body of the municipality. (6) The transition between the sanitary district ar.d the municipality shall be provided for in the incorporation act of the municipality. (1:37i, c. 7S7, 197.1 c 476, s. 1.2E: 1983, c. 9.91, a. 2.) 130A-82, Dissolution of sanitary district referendum. (a) A caunboard of commissioners in counties hexing a popuLatiz o in excess of 273,C00 rnE6,3, dissolve a sanitary disc ice by holding a referendum on the quest of dissolution and uasc:rnptior. by the county of arty outstanding indebtedness of the district. The county board of crrmmisaiocers tray dissolve a sanitary district which has nv cwtsa r ding indebtetlnesa when the members be of the district small vote in favor of di.s o utiorz. (b) Before the dialntion of any disi shall be approved, a plan for continued operation and provision of all sea -vices and functions being per- formed or rendered by the district shall be adopted and approved by the board of county commissioners. (c) No plan shall be adapted uni+ 4 at the time of i adoption any water yatern or sanitary sewer system being operated by the district is in cotnpliaaee with all local, State and federal rules and regulations, and if the _system is to be serviced by s. 1711,311ieipal?ty, the municipality shall first approve tbe plan.. id) When ail actions relating to dissolution of the sanitary district have been completed. the chairperson of the county board of commissioners shall ratify the Department (1973, c. 476, s. 12E; c.. 951; 1983, c. 891, s. 2) § 130A-83 Merger of two contiguous sanitary diitricta. Two contiguous sanitary districts m merge in the following manner: (1) The sanitary district board of each sanitary district must first adopt a common proposed plan, of merger. The plan shall contain the Dame of the new or surer sanitary district, designate the membera of the merging boards who shall serve as the interim sanitary district board for the new or successor dish: until the next eiecticn required by G.B. 130A-5IXb) and 163-279, and any other :natters necessary to mrnptette the merger. (2 The merger may become effective only if approved by the voters cf the two sanitary districts. In order to call art election, both boards shall adopt a resolution calling upon the board trf county cernrnissiooer3 in the county or counties in' which the districts are located to call for an election on a date named by the sanitary district bo rde after consultation with the appropriate boards of election. The hoard or boards of commissioners ers shall bold an election_ ar, the proposed mesa of the sanitary districts_ 3 The country board or boards of commissioners small request the appc pri.ate hoard of elections tam hold and conduct tbe Asa. All 24 voters of :he two sanitary districts shall be eligible to 7L-4.R.- (4) Notice of the elections shrill 'be giveqre a G.S. S38). The boasd of elections may se the scetho-d of "r egi ez- i cn set out ill G.S. 1.63-288.2. (5) If ac election is called J44 provided in stibsection (2), the board. cr boards of elections shall provide ballots for the election IT1 statitially the following form: EIFO.F.. the merger of the . . , ,Sanitary District and the Sanitary District into a singie district to be icicru--n, as the , , Sanitary District, irwhich all the property, assets liabilities, obligations, snd Indebtedness of the two districts became the propets, assets. liabilities, obligations, and indebt- edness of the . • „ Sar.itary Districi:- CiA.GAINST the merger of the . . _Sanitary District and the — Sanitary D'*trict into ei single district to be known as the — Sanitary District, in which ill the property, sssets. liabilities, obligations. and indebtedness of the two distric'z berme the propertybilities, obligstions. and indebt- edness of the , , Sanitary District' (6) Lf a majorPu• of all the votes cast on each sanitary district vote in favor of. the rnirer, the two sanitary districtri shs1.1. be reed Oil July 1 following the election_ Should the majority of the votes cast tit either sanitary district be against the propagation. the ssnitarY districts shall not be meTeci. If a majority of the votes cast in either sanitary district are against the merger, any resolution or election on similar propositions of merger crissr not occur until utle ye* r from the date of the last election. ) Upon the merger of two sanitary districts pursuant to this section and the creation of i. new district, the ine-irer becomes effective at 12 noon on the following July L. At that tisnm a. The two sanitary districts shall cease to exist as bodies politic mid norporste. and the new sanitary district exists asz body politic and eorporsie. b. All property, real, personaJ and mixed, belonging to the sanitary distriets vests in anti is the propertr of the new sanitary d;sstrict e. All iudgr.lent& Iie rights of liens and causes of action in favor of eithe-sanitsry district vest in the new sanitary district_ d All rentals, taxee, assessments and other bands. charges or fees owed Lo either of the sanitary districts are owed to and may be collected by the new nsiitzry district e. Any sction, wait or proceeding pending against, or havirzg been irieci7.11ted by „ either of the sanitary districts shall not be abated Vy it dissolutioltbut shall be continued and completed in the same manner as if dissolution had not occurred. The new samica.ry district shall be a party to all these Setif:1TM suits and 25 proceedings in the piece of Cne dissolved sanitary d--trict and shall pay any jutigrnwit, re n d-Led against either of the sanitary districts in any of these actions or proceedings. No new process rie• be served in any of the actions, snits or proceedings. f. All obi ig-ations of either of the sanitary districm, inch] dir_g any outstanding indebtednese, are warned by the new sanitary dirb-ict and all the obligatio-ns and outstanding indebtedness are constituted obligations and indebtedness' of the new ssni- tary district. The full faith and credit of the new sanitary dtrict is deemed to be pledged for the punctual payment of the principal of and interest on all general obligation bonde and band anticipation notes at either of the sanitary districts, and all the taxable property within the new sanita.y district shall remain subject to taxation for these payrnents. g. AU rules of either of the sanitary districts shall continue ist effect until repealed or amended by the governing bait, of the new sanitary district (8) Upon the me•ger of two sanitary districts pureuarit tc this section when one distict to- be diesolved and the other di.sict s to be a successor covering the terriry of bath, the rnerg becomes effective at 12 flOOTI on the following July 1. At that time a. One ea.nitary district shall cease to exist as besi,y politic and corporate, and the successor sanitary dist'ict continues to exist as a body politic and corporate_ b. All property, real, personal and mixed, belong...T.1,g to the !ant- tary district© vests in., and is the property of the successor sanitary district. c. AR judgmenta, liens, rights of liens and causes of action in favor of either sanitary district vest in the successor sanitary disiziet d. All rentale, taxes, assessments and other funds charges or fees owed either of the sanitary districts are owed to and may be collected by the sucmssor sanitary district. e. Any actionsuit, or proceeding pending against, or instituted by either of the sanitary districts shall not be shaved by its dissolution. but shall be continued and completed in the same manner as if dissolution has not occurred. The suecessor sanitszy district shall be a ps-ety to a.11 these actions, suits and proceedings in the place of the dissnlved sanitary district and shall pay any judgment rendered against the 3 military district in any of these actions or proceedings. No new process net be served in any of the actions- suit; or proceedings f. All obligations of either of the sanitary disie-2., including any o-ntrtanding indebtedness are aSSLITrimi by the suoceseor sani- tary district and all the obligations and outstsndieg indebted- ness are constituted obligatione and indebtedness of the auc- trii t.: The full faith and cre it of the dint r ct is deemed to be puce z l paprr,entr ' the principal of and in ge,eral obligation bonds and bond anticipation noteaaf either of the sanitary districts, and all the taxable property within the succor sanitary district shill be and remain subject to taxation far these pauaenta.. g. All rules of either of the sanitary districts shall continue in e sct untl repealed or amended by the gumming ming body of the successor sanitary district. (1981, e. 951;1983, c. 891, s, 2.) f 130A-84. Withdrawal of water. A sanitary district is empowered to engage in litigation or to join with other parties in litigation opposing the withdrawal of water from a river or other water supply. (1983„ a 891, a. 2.) 1 f 130A-85 to 130A-87. Reserred for future codification purges.. SUMMARY OF PROCEDURES FOR CREATING A. SANITARY DISTRICT IN ACCORDANCE WITH GENERAL STATUTES OF NORTH CAROLTNA ARTICLE 2, PART 2, SECTION 130A-47 TO 130A-87 1. Obtain the sr,tis of an att.o.roey for advice and for preparaLi.on of documents relating tc the proposed sanitary disozict. Aisc, i. mrripetent professional' en ginm- should be. employed to sut tel., the proposed area to be included inthe district and to prepare t map cle.art: defining the boundary lines. A description of the propoaed disziot, defining the boundary lines anci stating. 'the objectives -of the district, should be ineluded in the original p-etition. 2. The petition. or =eatioin of the sanitary district should be circulated. in the proposed district and the signatures of fifty-one percent (51%) or or of the freeholders within Cie district. voluotarily obtained on the petition. S. After, and if, the required signatures have beert obtained on the petition. an affidavit shoold be obtained from a resp-orsible person living within the proposed district stating that the signatures on the petition represent fifi.zt-one (51%) or more of the freeholders ill the district 4. The petition and the affidavit should be presented to the Board of County Commissioners of the *county in which all or the Largest portion of Lhe land of the proposed district is located. Upon receipt of the petition. and the affidavit, the Board. of County Commissioners, through its chairman, shall. notify the Department of 'Human, Resources of the State of North Carolina (and the chairman of the Board of County Commissioners of .arty other county or coun.ties in which any portion of The proposeddistrict lies) of the reco...ipt of the petition,. and shall r%T.usert that a representative of the 'Deparrarterit of Hu.rnan Resources hold a Joint public hearing with the minty commissioners of all the counties .in which a portion of the district lies conoerning the creation of the proposed sanitary district The Secretary of Human Resources and the chairman of the Board of CourtCommissioners shall ramie a .tione and place within the propoaed district at which the public hearing shall be held. 5. The -Chairman of the Board of County Commissioners ahall give prior rioti of the public hearing by posting a notice at the CO'irth-0115e door and also by publication in. a newspaper published in the county at least once a week for faux .successive weeks. (The first notice sbould be published at least thirty days pror to the date of the hesring':- IS. Prior tc the p'zbiic he:soing, the Department d Human Resources should have the original petition with an exact. descripton of the territory included in the proposed district n map 'prepared by a cocri?eterst girt-efrir hcw ing the 'balm c:Ary lines of the proposed district; an affi- davit from a responsible person living within the proposed district stating that the signacuses an the petition rep-reseno fifty-ont percent (51 re of the freeholders in the district; an affidavit from the ....• .41:lien the notice of public hearing was publ.hed giving the dates of publication andalso a cipy of the notice as pnblis,hed irth.e 'paperthe notice of the hearing s.s ricsted at the cou.rthouse If ar*- industr's.1 plant and its ceyntiguous village is situated within the proposed distric:, an application should be filed with :he Commission for Health Services before the date of the public hearing n-iy the person, persons Or corporation owning or =ntrolling. •plant and its coritig:.otis village requesting that the plant and village be e'.ther included within. or e_xciudecl from the proposed sanitary districli 7. If after the Lk,int public hearing, the County Commissioners shs.11 deem it advisable tc: comply with the request 3f the petition. the Board of County Commissioners should adopt a resolution approving the crea- tion of the district The representative cf the Department of Human Resources will present his recommendations and pertinent data. and docurnents to the Commission fcr Health Services. If the Commission for Health, Services shall also deem it advisable to comply with the request of the petition it shall adopt a rolutior; to Coat effect, defining the boundaries of the district and declaring the territory within such boundaries to be a sanitary district— & Copies cf the resolutirrn creating the sanitary district are sent to the board or Boards of County Commissioners of the county or counties in which .all cr parts of the territory within the district is located. 9. The board or. Boards of County Commissioners hold a meeting for the purpose of electing a sanitary district board of three Inciabares. resi- dents within the district. This board will, serve 'until their successors are elected and qualified. At the next general election candidates for the district beard shall be nominated in the primary and elected at the general election cf county officers, except that the nomination and election shall be confined to the district. 'Prior to the appointment of a sanitary dist-ict board or prior to the election of the members of a sanitary district board at any general election the County Commissioners may by resolution determine that such sanitary district board shall =mist. of five ima,nhers, rather than three. 0. The following is a. suggeted .form for preparing the petition. NOR ""H CAR NA . . County TO THE HONORAELE BOARD OF CO ERS OF THE COUNTY OF .. PETITION COMMISSION - We, be ;zndersigned. ccnstitut r:g fifty -fine f the free- holders within the proposed distr.' berein set do berg% t etitior4 the Board of Count' Commissioners of the County of San Genera sanitary dim district for the sanitary welfare request that the General Statute follows: bad I A, , tide 2, Part 2, Carooina, The primary object provide a public water supply for the residents of the preeerration and procreation of the public health and within the dis' trict. In addition to the aforesaid object, we sanitary district be vested with the powers set forth in 130A-55. The proposed. boundaries of the district are as APPENDIX TJ NAME ALWkKANCE.. COUNTY Qssipee Saar ary ➢istrict. Swepsonville Sanitary District Chairman: Mr, R. Hoyle Farrell ICK COUNTY Leland San Chairman: Southeast B Chairman: Q'MBE C y D.stric Virginia Browning. nswick Sanitary District Chris Chappell Avery Creek Sanitary Distri.c Chairman: Mr. Ralph G. Rill Woodfin. Sanitary District Chairman: Mr, G. L. Roberson, Sr. E COUNTY Rutherford College Sanitary Dis Chairman: Mr. Zeb 8. Malcolm CA"BARRUS COUNTY Jackson Park Sanitary District Chairman: Mr. S. F. Brown Kannapolis Sanitary District Chairman: Mr. Everett. L. Murph Parkwood Sanitary District Chairman: Mr. Benny F. Weaver Rockland Sanitary District Chairman: Mr. F. L. Ledbetter Royal Caks Sanitar,, District Chairman: i1r. J. Boyd Miller South Concord Sanitary Dist Chairman.: Mr. Cuy Moose v DISTRICTS ADDRESS Sox 5 Altamahasa, Route 13 Graham, 27253 Route 3, Box 316 Leland, 28451 Government Center P, Q. Box 249 Bolivia, 28422 Route 1 Arden, 170 Elkwood. Ave. Asheville, 28804 P. Q. Box 262 Rutherford College, 28671 1053 Rembrandth Drive Concord, 28025 703 West Ave, Kannapolis, 28081 P. O. Box 3296 Wilmar Station Concord, 28025 252 Lnic Concord, Cenetary Rd. 28025 1903 Pennsylvania Ave. Kannapolis, 28021 16 Short St. Concord, 2E 1985 May 8, 1976 Nov. 9, 1989 March. 22, 1973 1928 May 4, 1 Inactive Sept. 7, 1972 May 30, 1963. March 3, 1951 March 6, 1951 Dec. 18, 1958 rn 19 '94 11c-31:471 NAME CALDWELL COUNTY Saw Mi11 Sanitary Dist ict Chairman: Mr. Carl D. Wilson CARTERET COUNTY Barkers Island Sanitary District Chairman: Mr. Richard A. Lewis CASWELL COUNTY Yanceyville Sanitary District Chairman: M. Thomas Pete Davis CHATHAM COUNTY Goldstnn-Gulf Sanitary District Chairman: Mr, Glen Phillips CLEVELAND COUNTY Upper Cleveland County Sanitary Dist, Chairman: Mr. David Beam COLUMBUS COUNTY Riegelwood Sanitary District Chairman: Mr, Edward T. Hammond CRAVEN COUNTY First Craven Sanitary District Chairman: M. Edward N. Brinson DAVIDSON COUNTY 6siriva4K-64 •0 / Handy San ary District Chairman: Mr. Brown Liftin Welcome Sanitary District Chairman: DAVIE COUNTY Bermuda Center Sanitary District Chairman: Cooleemee Sanitary Ditrict Chairman: Mr. Arnold Garwood ADDRESS P. O. Box. 414 Granite Falls, 28530 P. 0. Box 198 Barkers island, 23531 P. O. Box 206 Yanceyville, 27379 G Idston, 27252 Philadelphia Sohool Road Route 2 Lawndale, 28090 P. O. Box 217 Riegelwood, 28456 P. O. Box 598 Bridgeton, 28519 P. O. Box G Denton, 21239 Feb. 14, 1957 Nov, 29, 1977 Nov. 15, 1935 Feb. 21, 1963 Aug. 6, 1980 March 17, 1960 May 6, 1978 May 22, 1974 Feb. 14, 1941 Inactive Aug; 11, 1982 Marginal Street Mar. 11, 1971 Cooleemee, 27014 FORSYT'H COLY Town of Walkertown Chairman: Mr. Henry Oosth: l.k, J'r, Walkertown, 27051 Mayor GASTON COUNTY P. O. Box 32 Catawba Heights Sanitary District 104 Henry Street. Chairman: Mr. Houston Allison Belmont, 2801.2 Smyre Sanitary District ILLE COUNTY Cozart Sanitary District Chairman: Mr. Vernon Carter L & M Station Sanitary District Lyons Station Sanitary District Chairman: Mr. Barold W. Ross GREENE COUNTY Maury Sanitary Land District P. O. Box 41 Route 2 Creedmoor, Chairman: Mr. Jerry Walls RD COUNTY Route. 2, Box 167 C.reedmaor, 27522 Maury, 28554 Sedgefield Sanitary District (sewage) P. O. Box 5566 Chairman: Mr. Allen H. IFAX COINTY Edna Greensboro, 27403 Roanoke Rapids Sanitary District Chairman: Mr. S. H. Akers HARNETT _ COUNTY East Erwin Sanitary District Chairman: HAYWOOD COUNTY Junaluska Sanitary District Chairman: `1r. H. S. Ward Maggie Valley Sanitary* District Chairman: Mr. Fred Sivia HYDE COUNTY Ocracoke Sanitary District Chairman: Mr. Frank Wardlow Sept. Nov. 29, 1940 Aug. 24, 1988 Nov.. May y'+, 1984 May '2D, 1970 Feb. 11, 1981 Feb, 21, 1963 6.36 Cedar Street Deco 16, 1931 Roanoke Rapids, 27871d P. O. Box 35 Lake Juanlvska, 2B745 P. O. Box 275 Maggie, 28751 P. O. Box 567 Ocracoke, 27960 May 9, 1951 Inactive 1961 Sept. 20, 1965 May 14, 1972 NAME JO NSSTON COUNTY ADDRESS West Smithfield San.ita:y I9strict Route. 3 Chairman: Mr, W. B. Str. ckl Smithfield,, 27577 Nov. 9. 1962 Whitley Heights Sanitary District Aug. 24, 1988 1INCOLN COUNTY Boger City Sanitary District 1818 East Main Street Chairman: Kr. Coleman Goodson Lincolntan, 28092 MCD©WELL COUNTY East Marion Sanitary District (garbage) Chairman: Mr. Ross McIntosh MORE COUNTY Taylortovn Sanitary District Chairman: Mr. Jessie Fuller OW COUNTY 700 Baldwin "iari+n� 28752. P. 0. Box 1274 Pinehurst, 28374 Southwest Jacksonville Sanitary Dist. 873 Burgaw Hwy. Chairman: Mr. Joe Markle GE COUNTY Jacksonville, 28540 Dogwood Acres Sanitary District Chairman: Mr. Willis Knight Chapel Hill, 27514 RUTHERFORD COUNTY Cliffside Sanitary District Chairman: Mr. Loy Wortman STOKES COUNTY King Sanitary District Chairman: Mr. Robert Rierson SWAIN. COUNTY Whittier Sanitary District UNION COUNTY Piney Grove Sanitary District (sewage only) Chairman: Mr. William. Grabar 10, 1961 Jan. 2.5, 1955 May 6, 1964 Sept. 19, 1968 Feb. 6, 1980 Dissolved May 15, 1968 P. O. Box 16 Dec 2, 1965 Cliffside, 28024 Pilot View Drive Ki..ng, 27021 P. O. Box 676 Monroe, 28118 1977 Nov. 1980 Mar. 2?, Inactive Vance Sani Chairman: ict 'J. Clark P. O. Box 24 Indian Trail, May 23, 1973 inactive Beech Moen Chairmant Rork Townshi Sanit r r Dist Chairman:, M oodre Cololnu h ADDRESS Souk City Warrenton, 27 P. C. Boy l Banner Elk, 6 Southea South Chi C Sanitary. District dt Route Ca Goldsb Rout e i, Box iiah 7 Feb. 984 Aug. € r. • 197 No he st l tro sn- �.nllantn. �. Seagr Chair n. 145 crh Ashrn tntd tan W C. 27546 txalitn t1l Frye 27203 Nov, 9, 1989 o1 h County t nett cunt Distric Dar A— P. C. x7 Nags Head, I. C. 375 Cap, Fear Wats Kurt 'Taub P. O. Box 167 Wilmington, N. C. 401 -2065 WATER uthcrlt Orange dater Authority Boug1ae Terry o Supi r E. 0. Boas 366 Carboto, N. C. 27510 stab APPENDIX V NAME: ADDRESS: PHONE NO.: WestSmi.thFjeld P.O. Box 938 9) 934-7969_ DATE CREATED: 11/29/62 Smithfield, NC 27577 OFFICERS: not available NO. OF OPERATING PERSONNEL: 4 NAME OF PERSON IN CHARGE: W.B. Strickland DO YOU FURNISH SERVICES FOR WATER BOTH x ? APPROXIMATE SIZE OF SERVICE AREA: not available SEWER OR NUMBER OF CUSTOMERS: 1200 ARE ANY OF YOUR CUSTOMERS COMMERCIAL OR RETAIL AND, IF SO, APPROXIMATE NO. N/A SOURCE OF WATER SUPPLY: STREAM , LAKE , WELL S IF WELLS, NUMBER OF WELLS . **Bulk purchase from Johnston Co. TYPE OF WASTE TREATMENT, I. E. DO YOU DISCHARGE INTO A LAKE OR. STREAM , IS IT A LAND APPLICATION SYSTEM , OR DO YOU SEND IT TO SOME OTHER MUNICIPAL SYSTEM x SIZE (CAPACITY) OF PLANT - TYPE OF DISCHARGE N/A AVERAGE MONTHLY BILL: $ 7.65 ANY BONDS OUTSTANDING yes , OR BOND ISSUES PLANNED FOR REVENUE N/A TAP ON OR CONNECTION FEE AMOUNT $ 418.75 - water 450.00 - sewer ANY PROBLEMS IN GENERAL WITH OPERATION: COMMENTS: Long on -going bitter dispute over annexation with local to NAME: Maggie Valley S.D. DATE CREATED: 9-20-65 ADDRESS: P.O. Box 275 Maggie, NC 28751 PHONE NO.: (704) 926-0145 OFFICERS: 3 NO. OF OPERATING PERSONNEL: 7 NAME OF PERSON IN CHARGE: Tom Whitler DO YOU FURNISH SERVICES FOR WATER X SEWER BOTH 7 APPROXIMATE SIZE OF SERVICE AREA: not available OR NUMBER OF CUSTOMERS: 2050 ARE ANY OF YOUR CUSTOMERS COMMERCIAL OR RETAIL AND, IF SO, APPROXIMATE NO, N/A SOURCE OF WATER SUPPLY: STREAM X , LAKE , WELLS IF WELLS, NUMBER OF WELLS TYPE OF WASTE TREATMENT, I. E, DO YOU DISCHARGE INTO A LAKE OR STREAM , IS IT A LAND APPLICATION SYSTEM , OR DO YOU SEND IT TO SOME OTHER MUNICIPAL SYSTEM SIZE (CAPACITY) OF PLANT - TYPE OF DISCHARGE AVERAGE MONTHLY BILL: $ 10.00 ANY BONDS OUTSTANDING no , OR BOND ISSUES PLANNED FOR REVENUE TAP ON OR CONNECTION FEE AMOUNT $ 300.00 ANY PROBLEMS IN GENERAL WITH OPERATION: NAME: Craven Co. S.D. DATE CREATED: 5/6/78 ADDRESS: P.O. Box 608. Bridgeton, NC 28519 PHONE NO. (919) 633-6500 OFFICERS: not available NO. OF OPERATING PERSONNEL: NAME OF PERSON IN CHARGE: Gene Edge DO YOU FURNISH SERVICES FOR WATER BOTH ? APPROXIMATE SIZE OF SERVICE AREA: not available SEWER OR NUMBER OF CUSTOMERS: 1200 ARE ANY OF YOUR CUSTOMERS COMMERCIAL OR RETAIL AND, IF SO, APPROXIMATE NO. N/A SOURCE OF WATER SUPPLY: STREAM , LAKE , WELLS IF WELLS, NUMBER OF WELLS 2 TYPE OF WASTE TREATMENT, I. E. DO YOU DISCHARGE INTO A LAKE OR STREAM , IS IT A LAND APPLICATION SYSTEM , OR DO YOU SEND IT TO SOME OTHER MUNICIPAL SYSTEM SIZE (CAPACITY) OF PLANT , TYPE OF DISCHARGE AVERAGE MONTHLY BILL: $ 10.00 ANY BONDS OUTSTANDING n° , OR BOND ISSUES PLANNED FOR REVENUE TAP ON OR CONNECTION FEE AMOUNT $ 90.00 ANY PROBLEMS IN GENERAL WITH OPERATION: NAME: Handy S.D. DATE CREATED: 5-22-74 ADDRESS: P•0. Box G PHONE NO.: (704) 869-2553 OFFICERS: not available NO. OF OPERATING PERSONNEL: 5 NAME OF PERSON IN CHARGE: Ronnie Denton, NC 27239 DO YOU FURNISH SERVICES FOR WATER BOTH ? x APPROXIMATE SIZE OF SERVICE AREA: 390 taps SEWER OR NUMBER OF CUSTOMERS: 2100 ARE ANY OF YOUR CUSTOMERS COMMERCIAL OR RETAIL AND, IF SO, APPROXIMATE NO. N/A SOURCE OF WATER SUPPLY: STREAM , LAKE , WELLS IF WELLS, NUMBER OF WELLS *Bulk purchase from Town of Denton TYPE OF WASTE TREATMENT, I. E. DO YOU DISCHARGE INTO A LAKE OR STREAM , IS IT A LAND APPLICATION SYSTEM , OR DO YOU SEND IT TO SOME OTHER MUNICIPAL SYSTEM SIZE (CAPACITY) OF PLANT - TYPE OF DISCHARGE AVERAGE MONTHLY BILL: $ 18.00 ANY BONDS OUTSTANDING yeS , OR BOND ISSUES PLANNED FOR REVENUE not available TAP ON OR CONNECTION FEE AMOUNT $ 435.00 ANY PROBLEMS IN GENERAL WITH OPERATION:. NAME: and S.➢. ADDRESS: P.O. Box 1030 PHONE NO.: (910) 371-9949 OFFICERS: IQt a ailabie NO. OF OPERATING PERSONNE NAME OF PERSON IN CHARGE: Jean Speight DATE CREATED: 5-8-7'6 and, C 2845 DO YOU FURNISH SERVICES FOR WATER BOTH APPROXIMATE SIZE OF SERVICE AREA: 3500 population SEWER OR NUMBER OF CUSTOMERS: 1300 ARE ANY OF YOUR CUSTOMERS COMMERCIAL OR RETAIL AND, IF SO, APPROXIMATE NO.. 44 and 17 - industrial SOURCE OF WATER SUPPLY: STREAM , LAKE IF WELLS, NUMBER OF WELLS **Bulk purchase E S ck Co. TYPE OF WASTE TREATMENT, I. E. DO YOU DISCHARGE INTO A LAKE OR STREAM , IS IT A LAND APPLICATION SYSTEM , OR DO YOU SEND IT TO SOME OTHER MUNICIPAL SYSTEM SIZE (CAPACITY) OF PLANT - TYPE OF DISCHARGE AVERAGE MONTHLY BILL: $ 22.00 ANY BONDS OUTSTANDING yes , OR BOND ISSUES PLANNED FOR REVENUE **A11 bonds were bought by Wachovia Bank last year. TAP ON OR CONNECTION FEE AMOUNT $ 435.00+ impact fee - $300.00 ANY PROBLEMS IN GENERAL WITH OPERATION: NAME: Southeast Brunswick S . DATE CREATED: -9-89 ADDRESS: P.O. Box 357 Long Beach, NC 28465 PHONE NO.: (910 457-0006 OFFICERS: not available NO. OF OPERATING PERSONNEL: NAME OF PERSON IN CHARGE: James Gr1. ,ith DO YOU FURNISH SERVICES FOR WATER BOTH APPROXIMATE SIZE OF SERVICE AREA: not available SEWER OR NUMBER OF CUSTOMERS: 800 ARE ANY OF YOUR CUSTOMERS COMMERCIAL OR RETAIL AND, IF SO, APPROXIMATE NO. N/A SOURCE OF WATER SUPPLY: STREAM , LAKE , WELLS IF WELLS, NUMBER OF WELLS TYPE OF WASTE TREATMENT, I. E. DO YOU DISCHARGE INTO A LAKE OR STREAM , IS IT A LAND APPLICATION SYSTEM , OR DO YOU SEND IT TO SOME OTHER MUNICIPAL SYSTEM ? SIZE (CAPACITY) OF PLANT - TYPE OF DISCHARGE AVERAGE MONTHLY BILL: $ ANY BONDS OUTSTANDING , OR BOND ISSUES PLANNED FOR REVENUE TAP ON OR CONNECTION FEE AMOUNT $ ANY PROBLEMS IN GENERAL WITH OPERATION: COMMENTS: Funds have just now became available for operation - pians are to tap on customers in March. and begin service in June. NAME: G oodfin S.D. DATE CREATED: 1928 ADDRESS: 170 Elkwo'od Ave. PHONE NO.: (704) 253-55551 OFFICERS: 3 NO. OF OPERATING PERSONNEL: Asheville, NC 28804 NAME OF PERSON IN CHARGE: Jack Wilson DO YOU FURNISH SERVICES FOR WATER BOTH ? APPROXIMATE SIZE OF SERVICE AREA: not available SEVER OR NUMBER OF CUSTOMERS: 3200 ARE ANY OF YOUR CUSTOMERS COMMERCIAL OR RETAIL AND, IF SO, APPROXIMATE NQ. 10 SOURCE OF WATER SUPPLY: STREAM , LAKE x , WELLS IF WELLS, NUMBER OF WELLS TYPE OF WASTE TREATMENT, I. E. DO YOU DISCHARGE INTO A LAKE OR STREAM , IS IT A LAND APPLICATION SYSTEM , OR DO YOU SEND IT TO SOME OTHER MUNICIPAL SYSTEM X SIZE (CAPACITY) OF PLANT - TYPE OF DISCHARGE not available AVERAGE MONTHLY BILL: $ 5.50 ANY BONDS OUTSTANDING not available yes OR BOND ISSUES PLANNED FOR REVENUE TAP ON OR CONNECTION FEE AMOUNT $ 600.00 ANY PROBLEMS IN GENERAL WITH OPERATION: COMMENTS: Problems obtaining funds to maintain operation. NAME: Gateway 64 S.D. ADDRESS: PHONE NO.: (704) 243-7908 DATE CREATED: 4-28-93 OFFICERS: 3 NO. OF OPERATING PERSONNEL: NAME OF PERSON IN CHARGE: Franklin Swain DO YOU FURNISH SERVICES FOR WATER , SEWER x OR BOTH APPROXIMATE SIZE OF SERVICE AREA: 180 acres NUMBER OF CUSTOMERS: not available yet ARE ANY OF YOUR CUSTOMERS COMMERCIAL OR RETAIL AND, IF SO, APPROXIMATE NO. N/A SOURCE OF WATER SUPPLY: STREAM , LAKE , WELLS IF WELLS, NUMBER OF WELLS TYPE OF WASTE TREATMENT, I. E. DO YOU DISCHARGE INTO A LAKE OR STREAM _ , IS IT A LAND APPLICATION SYSTEM , OR DO YOU SEND IT TO SOME OTHER MUNICIPAL SYSTEM **Attemping to work with City of Lexington SIZE (CAPACITY) OF PLANT - TYPE OF DISCHARGE AVERAGE MONTHLY BILL: $ ANY BONDS OUTSTANDING , OR BOND ISSUES PLANNED FOR REVENUE TAP ON OR CONNECTION FEE AMOUNT $ ANY PROBLEMS IN GENERAL WITH OPERATION: COMMENTS: This Sanitary district is just now forming. NAME: Bermuda Run Center DATE CREATED: 1984 ADDRESS: P.O. Box 1113 Bermuda Run, NC 27006 PHONE NO.: (910) 998-0906 OFFICERS: 3 NO. OF OPERATING PERSONNEL: 2 NAME OF PERSON IN CHARGE: Mr• era oy DO YOU FURNISH SERVICES FOR WATER BOTH x APPROXIMATE SIZE OF SERVICE AREA: not available SEWER OR NUMBER OF CUSTOMERS: 380 ARE ANY OF YOUR CUSTOMERS COMMERCIAL OR RETAIL AND, IF SO, APPROXIMATE NO. none SOURCE OF WATER SUPPLY: STREAM , LAKE , WELLS IF WELLS, NUMBER OF WELLS .**Bulk purchase from Davie Co. System TYPE OF WASTE TREATMENT, I. E. DO YOU DISCHARGE INTO A LAKE OR STREAM x , IS IT A LAND APPLICATION SYSTEM , OR DO YOU SEND IT TO SOME OTHER MUNICIPAL SYSTEM SIZE (CAPACITY) OF PLANT - TYPE OF DISCHARGE N/A AVERAGE MONTHLY BILL: $ 18.00 ANY BONDS OUTSTANDING no , OR BOND ISSUES PLANNED FOR REVENUE TAP ON OR CONNECTION FEE AMOUNT $ none ANY PROBLEMS IN GENERAL WITH OPERATION: NAME: Roanoke Ra ids S.D. DATE CREATED: 12/16/31 ADDRESS: P.O. Box 308 PHONE NO.: (919) 537-9137 Roanoke Rapids, NC 27870 OFFICERS: 3 NO, OF OPERATING PERSONNEL: 40 NAME OF PERSON IN CHARGE: Macon Reays DO YOU FURNISH SERVICES FOR WATER , SEWER OR BOTH x ? APPROXIMATE SIZE OF SERVICE AREA: not available NUMBER OF CUSTOMERS: 8200 ARE ANY OF YOUR CUSTOMERS COMMERCIAL OR RETAIL AND, IF SO, APPROXIMATE NO. 555 SOURCE OF WATER SUPPLY: STREAM , LAKE x , WELLS IF WELLS, NUMBER OF WELLS (Roanoke Rapids) TYPE OF WASTE TREATMENT, I. E. DO YOU DISCHARGE INTO A LAKE OR STREAM x , IS IT A LAND APPLICATION SYSTEM , OR DO YOU SEND IT TO SOME OTHER MUNICIPAL SYSTEM SIZE (CAPACITY) OF PLANT - TYPE OF DISCHARGE N/A AVERAGE MONTHLY BILL: $ 20.00 ANY BONDS OUTSTANDING no , OR BOND ISSUES PLANNED FOR REVENUE TAP ON OR CONNECTION FEE AMOUNT $ 290.00 - sewer 340.00 - water ANY PROBLEMS IN GENERAL WITH OPERATION: FIGURE I P4NNACLE SHORES a BRAWLEY SCHOOL ROAD FIGURE 2 DUKE POWER STATE PARK,, WEST IREDELL WATER CORPORATION LAKE NORMAN WOODS KILLIAN`S CROSSROADS SPINNAKER BAY BRAEEY SITE EAST LINCOLN COUNTY GOVERNORS ISLAND MIcGUIRE NUCLEAR TRAINING CENTER STATESYILLE NCDOT REST AREA PINNACLE SHORES SITE MOORESVILLE MALLARD HEAD DIAMOND HEAD BRIDGEPORT LAKE NORMAN UTILITY SERVICE. AREAS LINCOL COUNT INTAKE LAKE NORMAN SURFACE WATER INTAKES FIGURE 3 FIGURE 4 EXISTING PLANT DISCHARGES -LAKE NORMAN FIGURE 7 TP UTMAN BARRINGER TOWNSHIP STUDY GUNDARY MOCRESNIIL CABARRUS C OCD T,J n1a,kcH!P UUillisENGINEERS STUDY AREA WATER 'ONES [XISTING TANKS EI EVATE© WAIL)) • SI&RAGE TANK. TOWN OF MOIiNt Still,I t WATER & WASTEWATER I t DINNING i t) I �D FIGURE 4 WATER LINES US21-NORTH NC 115 - NORTH OVERHEAD DRJO(;E RD NC 150 f3? PASS KT RR 5 TREE: T CODDLE CREEK RD. rJ C 115 - SCJI15 41 T4 21 S O1) 11 1 WILLIAmSON R[)AD N c I50 aocONNI 5 1 OR Ve' I. Man I I AND AVy 'NEST A':E: !JAW 1 11,11 I I CAI3ARICoS AVlf CC7Nr1I C FQfl CENTEn AVIT C0NNESTSR WATER TANJ:S l!"a 21 — 1")0I1 TI1 TIMULl7 M T MOURNE NC 150 - WES`F WATER SERVICE EXTENSIONS u.f.PFNE ii`f,Fl0If1N 111 1[IB EJT 1 IIJr S@ 15/1 31 AI 1 / '.I WI 1 I , rftt 1. MAIN TOWN Ur WATER & WASTEWATER PI ANN1N6 FACILITIES TO E xTEND tVIL1 AIJIA Y RIVER WWTP EXPANSION ROCKY RIVER OUTFALL NORTH MT MOURNE OUTFALL I-771'1,15 21 PUMPING STATION FORCE MAIN RCE'RS CREEK PIUMF'ING .:5TAT"ION ExJ ANSIUN S N1: W 1-URCF MAIN NC 151:1 OUTEALI. LIPJ'ER REFIT CREEK Out FALL SOU1TH FORK WITHROW CREEP QI_ITFALL A l&x& Afh1FNPi, AN BACK %REE'L P1IMPINi ; TA HON FORCE MAIN (S DOJ"FAI L Aid I AS FI f'I1 SIA,T1 CMill h1"I r1LuRN JO11Jd5,ON ()AIR r' L{GAI) lit) I I- 77 REST SiCG A.RFA PU CATION, FORCE MAIN S CM a FJAI BI_I#E.I'IEtl_1',) RCi F'I)n41'I11C T fI0r, f Oki! M30N 8 Of) I I Ali MAIN CANVA`,iEIA K STATIGIJ b F Ildil:_ 11P.IIJ SGNRUWN f'IJliP'ING kJlA 1101J S I Olif 1 MAIN ANi,11,1 J 171D I'i fa,Vi °If ia^ "xp,m,fll ill R 1016,l MAXI )1 I ENIPo E T. ON R5IAC1 l0oMl'INi; TATICIN d J tilt(:E MAIN WASTEWATER SERVICE EXTENSION:.; F7 m COMPARISON OF PLAT EFFLUENT LIMITS FIGURE 14 Pale PARAIE ER NH�N E-CCU DO AMMONIA OXYGEN ()SOLVED OXYGEN TOTAL RESDUAL CHLOAt E A (10 0 PINNACLE SHORES CFESCENT ems, INC CHAFLOTTE N. C. 0.1 clwUD a�UD lAmiLPFE PLANT *1 ma) DEGREE ©F TREATMENT COMPARISONS 4 not ACHelikELE LIES NH PF17CEE3 (5 m /l 6.0 mg/V (01 muJl 4 8X412.Dift 177sP g4 FIGURE 11 BINNACLE SHORES CRESCENT RESOURCES, INC, CHARLOTTE,. N.O. 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