NC0040801_Regional Office Historical File Pre 2018

State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
Kerr T. Stevens, Director
June 22, 1999
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Robert Mabry
Stony Gap Fish House
40339 Stony Gap Road
Albemarle, North Carolina 28001
NCDENR
Subject: Denial of Reissuance of NPDES Pennit
Failure to Comply with Terms of Settlement
Agreement
Stony Gap Fish House
NPDES No, NC0040801
Stanly County
Dear Mr. Mabry:
The Division received your letter faxed to our office on May 13, 1999. We acknowledge the recent
efforts that you have made to address the problems with the discharge. As mentioned in previous
correspondence, 1 am sympathetic to the economic hardships and the stresses that you have experienced over
the past two years. However, the stance of the Division remains the same, and there will be no modification
from the terms listed in the March 23, 1999 letter.
As a recipient of an NPDES permit, it is your responsibility to adhere to permit limitations and
conditions, and thereby avoid penalties. You have failed to comply with all the conditions of the settlement
agreement, therefore the Division cannot allow the renewal of the NPDES permit for Stony Gap Fish House,
The intent to deny your permit renewal request was published in The Charlotte Observer and The Stanly
Press and News. In addition, negative public sentiment has been reported to our office with serious concerns
about the environmental safety represented by the Stony Gap Fish House discharge. The NPDES permit for
the Stony Gap Fish House is hereby denied.
If this denial is unacceptable to you, you have the right to request an adjudicatory hearing upon
written request within thirty days following receipt of this denial. This request must be in the form of a
written petition, conforming to Chapter 150B of the North Carolina General Statutes, and filed with the
Office of Administrative Hearings, P.O. Drawer 27447, Raleigh, NC 27611-7447. Unless such demands are
made this denial shall be final and binding.
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone]/FAX [phone]
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Letter to Robert Mabry
Denial of Permit for Stony Gap
Page
sh House
l you have any quest icans regarding this
5083 ext. 1
Central Files
Mooresville Regional 0l
NPDES Unit, Permit File
Point Source CompliancefEnforceent Unit
Attorney general's Office
Stanly County Health Department
atter, please contact Jacquelyn Nowell at 919/ /3
inceely.

SOC PRIORITY PROJECT: Yes No X
If Yes, SOC No.
To: Permits and Engineering Unit
Water Quality Section
Attention: Mazy Cabe
Date: January 9, 1998
NPDES STAFF REPORT
PART I - GE RAI, INFO
9
RECOMM
County: Stanly
Permit No. NO0040801
TION
ATION
1. Facility and Address: Stony Gap Fish House
Route 1, Box 155
Albemarle, N.C. 28001
. Date of Investigation: December 19, 197
3. Report Prepared By: Samar Bon -Ghahale, Env. Engineer I
4. Persons Contacted and Telephone Number: Mr, Robert Mabry; Tel#
704/982-2559
5. Directions to Site: From the intersection of Highway 52 and
Stony Gap Road SR. 1720), travel east on S.R. 1720
approximately 1.3 miles. The restaurant is on the right
(south) side of S.R. 1720.
6. Discharge Point(s). List for all discharge points:
Latitude: 35°16'56" Longitude: 80 09'136
Attach a U.S.G.S. map extract and indicate treatment facility
site and discharge point on map.
U.S.G.S. Quad No.: F 18 SW U.S.G.S. Name: Albemarle, N.C.
7. Site size and expansion are consistent with application?
Yes X Ne If Na, explain:
8. Topography (relationship to flood plain included); Hilly, 5
20% elopes; The facility is not located within the 100 year
flood plain.
Location of nearest dwelling: The closest dwelling is located

approximately 200 feet from the treatment facility.
10. Receiving stream or affected surface waters: Unnamed
tributary to Jacobs Creek.
a. Classification: WS-IV
b. River Basin. and Subbasin. No.: Catawba; 03-07-08
c. Describe receiving stream features and pertinent
downstream uses: The receiving stream in this area. had
good flow at time of inspection. Stream channel was well
defined and no detrimental effects were observed as a
result of this discharge. There areno known users
immediately downstream.
PART II - DESCRIPTION OF DISCHARGE AND TREATMENTWORKS
1. a. Volume of wastewater to be permitted: 0.004 MGD
(Ultimate Design Capacity)
b. What isthe current permitted capacity of the wastewater
treatment facility? 0.004 MGD
c. Actual treatment capacity of the current facility
(current design capacity)? 0.004 MGD
d. Date(s) and construction activities allowed by previous
Authorizations to Construct issued in the previous two
years: N/A
e. Please provide a description of existing or substantially
constructed wastewater treatment facilities: The
existing treatment consists of a 1500 gallon grease trap,
three (3) 1,500 gallon septic tanks (in series), a 3,200
square foot recirculating surface sand filter, a 6400
gallon dosing tank, a 1,000 gallon chlorine contact
chamber with a tablet chlorinator a and dechlorinator.
g.
Please provide a description of proposed wastewater
treatment facilities: N/A
Possible toxic impacts to surface waters: N/A
h. Pretreatment Program (POTWs only): N/A
2. Residuals handling and utilization/disposal scheme:
Sludge and greased are removed by Mr. Al Lowder, a septage
hauler, and is disposed at the Albemarle WWTP.
3. Treatment plant classification (attach completed rating
sheet): Class I
4. SIC Code(s) : 5812

Wastewater Code(s) of actual wastewater, not particular
facilities, i.e., non -contact cooling water discharge from a
metal plating company would be 14, not 56.
Primary: 10 Secondary:
Main Treatment Unit Code: 4507
PART III - OTHER PERTINENT INFORMATION
1. Is this facility being constructed with Construction Grant.
Funds or are any public monies involved (municipals only)?
N/A
2. Special monitoring or limitations (including toxicity)
requests: N/A
3. Important. SOC, JOC or Compliance Schedule dates: (please
indicate) N/A
4. Alternative Analysis Evaluation: Has the facility evaluated
all of the non -discharge options available. Pleaseprovide
regional perspective for each option evaluated.
Spray Irrigation: N/A
Connection to Regional Sewer System: N/A
Subsurface: N/A
Other Disposal Options: N/A
5. Air Quality and/or Groundwater concerns or hazardous materials
utilized at this facility that may impact water quality, air
quality, or groundwater: No AQ or GW concerns nor are
hazardous materials utilized at this facility.
6. Other Special Items: A dechlorination device has been added to
the facility without an Authorization to Construct. However,
as built plans have been submitted for the addition.
PART IV - EVALUATION AND RECOMMENDATIONS
Stony Gap Fish House, Inc., is applying for permit renewal for
the operation of a wastewater treatment facility located on Stony
Gap Road in Stanly County.
The above wastewater treatment plant was permitted for one
year from February 4, 1997 to February 28, 1998.
A recommendation for enforcement dated October 17, 1997 has
been submitted to Raleigh for monitoring and limits violations at
the subject facility.

Please note that Jacobs Creek is classified WS IV and not C as
described by the permit.
It is &commended that the above permit be issued for one
year only.
Signature *r Preparer
Tater Qual
i t
ion.al Super
sor
Date

Pr-
State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
James S. Hunt, Jr., Governor
Wayne McDevitt, Secretary
A. Preston Howard, Jr., P.E., Director
November 14, 1997
Mr. Robert Mabry
40339 Stony Gap Road
Albemarle, North Carolina 28001
Subject: Receipt of NPDES Permit Renewal.
Permit. No. NC0040801
Stony Gap Fish House WWTP
Stanly County
Dear Mr. Mabry:
The Division acknowledges receipt of your NPDES permit application, Standard Form D,
and renewal fee of $400 (check #6605) received on October 6, 1997 for the above referenced
facilities.
Be aware that the Division's regional office, copied below, must provide recommendations
from the Regional Supervisor for this project prior to final action by the Division_ You will be
advised of any comments, recommendations, questions, or other information necessary for the
application review.
I am, by copy of this letter, requesting that our regional office prepare a staff report on this
request prior to final action by the Division. This application has been assigned to me for review.
If you have any questions, I can be contacted at [phone], extension 518.
Sincerely,
cc: Mooresville Regional Office'" ater Quality Section (with attachment)
NPDES Unit
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] FAX [phone]
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To. More vilk Re iorral Office:
From Mary Cabe
ked with Bob Sledge about this facility, He said the RO is preparing an NOV
against Mr. Mabry at this time for non-compliance. Please let me know what the status i
on this. Also, Bob would prefer not to issue it for the whole 5 year p iod. He i
concerned that Mr. li atarywill not pay the final payment of the Judie irrl order if he has his
permit already. Any comment on this?
Thanks,

11 t,,THICttrf 5:,:e ,,HAALH - T;t. la,„„
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N.OR ill CAR OLIN A D EP AR TM ENT OF ENVIRONMTNT, HEA LTH, AND N URA L RESOURCES
Dry15 JON OF EN"VIRONNIFN-7AL MANAGEMENT/ WATER QUALFLY SECTION
NATIONAL POLLUTANT bIS „CHARGE ELIMINATION SYSTEM
APPLICATION FOR PERMIT TO DISC:FULR GE - SHORT FORM D
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ROAD CLASSIFICATION
,ARV HIGHWAY UGHT=DUT{ ROAD..FiA9TT) 09
C SURFACE IMPROVED SiJRFACE
SECONDARY HIGHWAY
HARD SURFACE =BUM= UNIMPROVED ROAD
Latitude _35°18'56" Longitude 80'09'13"
Map # [1 8SW Sub -basin 30708
Stream Class C
Discharge Codes 1 0
Receiving Stream UT - Jacob"s Creek
Design Q Q1Q04 MGa Permit expires 02/28/03
CONTOUR INTERVAL 10 FEET
Stony Gap Fish House
NC0044801
Stanly County

State of North Carolina
Department of Environment,
Health and Natural Resources
Mooresville Regional Office
James B, Hunt, Jr_ Governor
Jonathan B. Howes, Secretary
DIVISION OF ENVIRONMENTAL MANAGEMENT
February 7, 1997
Mr. Robert Mabry
40339 Stony Gap Road
Albemarle, North Carolina 28001
Subject: NPDES Permit No. NC0040801
Stony Gap Fish House, Inc.
Stanly County, NC
Dear Mr. Mabry:
Our records indicate that NPDES Permit No. NC0040801 was
issued on February 4, 1997 for the discharge of wastewater to the
surface waters of the State from your facility. The purpose of
this letter is to advise you of the importance of the Permit and
the liabilities in the event of failure to comply with the terms
and conditions of the Permit. If you have not already done so, it
is suggested that you thoroughly read the Permit. Of particular
importance are Pages 4-5.
Pages 4-5 set forth the effluent limitations and monitoring
requirements for your discharge- Your discharge must not exceed
any of the limitations set forth. The section headed "Monitoring
Requirements" describes the measurement frequencies, sample types
and sampling locations. Upon commencement of your discharge (or
operation), you must initiate the required monitoring. The
monitoring results must be entered on reporting forms furnished or
approved by this Agency. If you have not received these forms,
they should be arriving shortly. If you fail to receive the forms,
please contact this Office as quickly as possible- I have enclosed
a sample of the "Effluent" reporting form (DEM Form MR-1), plus
instructions for completing the form. It is imperative that all
applicable parts be completed, and the original and one copy be
submitted as required.
Please be advised that an annual administering and compliance
monitoring fee may be required for your facility. You will soon be
receiving a statement from our Raleigh Office. It is imperative
that the fee be paid in a timely manner so as to prevent
enforcement action or possible revocation of your permit.
The remaining Parts of the Permit set forth definitions,
general conditions and special conditions applicable to the
operation of wastewater treatment facilities and/or discharge(s).
919 North Main Street,
Mooresville, North Carolina 28115
Voice 704-663-1699
FAX [phone]
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The conditions include special reporting requirements in the event
of noncompliance, bypasses, treatment unit/process failures, etc.
Also addressed are requirements for a certified wastewater
treatment plant operator if you are operating wastewater treatment
facilities. Any changes in operation of wastewater treatment
facilities, quantity and type of wastewater being treated or
discharged, expansions and/or upgrading of wastewater treatment
facilities must be permitted or approved by this Agency.
Failure to comply with the terms and conditions of an NPDES
Permit subjects the Permittee to enforcement action pursuant to
Section 143-215.6 of the North Carolina General Statutes. A civil
penalty of up to $10,000 per violation (and/or criminal penalties)
may be assessed for such violations. If you find at any time that
you are unable to comply with the terms and conditions of the
Permit, you should contact this Office immediately. A Consent
Order may be necessary while pursuing action to obtain compliance.
As a final note, an NPDES Permit is normally issued for a
five-year period. Permits are not automatically renewed. Renewal
requests must be submitted to this Agency no later than 180 days
prior to expiration. Please make note of the expiration date of
your Permit. This date is set forth on Page 1 of the Permit. Also
note that NPDES Permits are not automatically transferable. If
you, as the. Permittee, cease to need this Permit, then you should
request that the Permit be rescinded or transferred to another
party, if necessary.
As mentioned previously, the purpose of this letter is to
advise you of the importance of your NPDES Permit. Please read the
Permit and contact his Office at 704/663-1699 in Mooresville if you
have any questions or need clarification. We look forward to
providing any assistance.
Sincerely,
D. Rex Gleason, E.
Water Quality Regional Supervisor
Enclosure
DRG:ls

•`
State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P.E., Director
Mr, Robert. Mabry
40339 Stony Gap Road
Albemarle, North Carolina 28001
ED NI Ft
cw,
littio:111;
February 4, 1997.
f EB (3 1991
subject: Si s:c..t!)t:.ij:;;n,
Stanly County
Dear Mr..Mabry:
In accordance with your application dated September 15, 1996, we are forwarding herewith the
subject State-NPDES permit, This ivrinit is issued pursuant to the requirements of North Carolina
General Statute 143-215.1 and the Memorandum of Agreement between North Carolina and the U. S.
Environmental Protection Agency dated December 6,1983.
Please be aware that the expiration date for the subject. permit is February 28, 1998. Also, the
Division. understands that you are installing a dechlorination unit. In accordance with your conversation
with Mr. David Goodrich of my staff on February 4, 1997, please submit "as built" plans and
manufacturer's specifications. These plans and specifications must be signed and sealed by a professional
engineer registered in the state of North Carolina, and accompanied by a check for $150dVmade payable to
"NCDEHNR,"
If any parts, measurement frequencies or sampling requirements contained in this permit are
unacceptable to you, you have the .right to an adjudicatorhearing upon written request within thirty (30)
days following receipt of this letter. This request must be in the form of a mitten petition, conforming. to
Chapter. 15013 of the North Carolina General Statutes, and filed with the Office of Administrative
Hearings, Post Office Drawer 27447, Raleigh, North Carolina. 27611-7447. 'Unless such demand is
made, this decision shall be final and binding.
Please take notice that this permit is not transiTerable. Part 11. E..4. addresses the requirements to
be followed in case of change. in ownerslrip or control of this discharge,
This permit does not affect the legal requirement to obtain other permits Which may be required
by the Division of Water Quality or permits required by the Division of Land .Resourcos, Coastal Arco
Management Act or any other Federal or Local governmental permit that may be required. If you have
any questions concerning this permit, please contact Susan Robson at telephone number 919n33-5083,
ext. 551,
cc, Central Files
MoOresville..Regiortal,Office,i Water
Facilll>Assessment Unit
Permits and Engineering Unit
Sincerely,
Original :Signad By
David ofc Goodrich
A. Preston Howard„fr,, P.E.
ualny Sccuon
P,O, Box 29535, Raleigh, North Carotins 27626-0535 Teiephone 919-733-5083 FAX [phone]
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Permit No. NCOO4O801
STATE OF NORTH CAROLINA
PART ENT OF ENVIRONMENT, HEALTH, AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
PERMIT
TO DISCHARGE WASTEWATER UNDER THE
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
In compliance with the provision of North Cart lira C.ieneral Statute 143-215,1,
other lawful standards and regulations promulgated and adopted by the North Carolina
Environmental Management Commission, and the Federal. Water Pollution Control Act, as
amended,
Itabert. A.. Mabry
is hereby authorized to discharge wastewater fr
Stony Gip Fish House
CIrI NCSR .172l.
southeast of Albemarle
Stanly° County
ed tat
to receiving waters designated as an unnamed tributary to ,ltaco s Creek in the Yadkin/Pee-Dee
River Basin
in accordance with e.flatent li
Parts 1, II, IIT, and l hereof,
ns.. mo
tori
nts, and other conditions set forth in
This pe.rnlit shall become e.fl dive I ebruary 4, 1997
This pennit and authorization tc 1.is °l iar°ge shall expire, at midnight ora February 28, 1998
Signed this day February 4, 1)97
vision ,
Anth
Original Sig By
David A, Goodrich
Jr., p E., Director
hay
vrrc)nrnential V'ianagen ent Cornrnrssion

Permit No, NC0040801
SUPPLEMENT TO PERMIT COVER SHEET
Stony Gap Fish House, Inc.
is hereby authorized to:
1. Continue to operate the existing wastewater treatment facility consisting of a 1500 gallon grease
trap, three (3) 1500 gallon septic tanks (in series), a 3200 square foot recirculating sand filter, a
6400 gallon recirculating dosing tank, and a 1000 gallon chlorine contact chamber with a tablet
chlorinator located at Stony Gap Fish House, on NCSR 1720, southeast of .Albemarle, Stanly
County (See Part III of this Permit), and
Discharge from said treatment works at the location specified on the attached map into an.
unnamed tributary to Jacobs Creek which is classified Class C waters in the. Yadkin -Pee Dee
River 13asin.

ROAD CLASSiI'ICATION~
Y F" OA } ARD tJ }
,,t C:'IOV D iURFACE
.c 1, P.xtlE EilE Via=
at tude 35 1"
lap #_F183SW
Class
s h a a Class
SCALE 1:24 000
+ MILE
Stony Gap Fish House
NCO0 L1,080
Staniy Cour "
ETER

A. EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS -SUMMER (APRIL, 1 - OCTOBER 31)
Permit No, NC0040801
During the period beginning on the effective date of the permit and lasting until expiration, the Permittee is authorized to discharge from outfall serial number
001. Such discharges shall be limited and monitored by the Permittee as specified below:
Ffow
BOD, 5 day, 20°C
Totai Sus ended Residue
NH3 as N
pH2
Feca Coliform
Total Residual
Temperature
Te
Co
tune
ivity
ea
etric mean)
Thlorine
Dissolved 0xygen3
0i1 and Grease
Notea.:
.004 MGD
12.0 mrtli
30.0 +/I
4,0 mg
30.0 m1g/I
18.0 mg/
45.0 m
60.0 mg/1
Weekly instantaneous
2/Month
2/fylonth
Weekly
Weekly
We
kly
2/Month
Grab
Grab
Grab
Grab
Grab
Grab
r E.
E, U, D
U, D
E, U, D
Sample locations: E - Effluent, I - Intluent, U Upstream above discharge point, D - Downstream approximately 0.4 miles below the discharge at the
imporoved road off NCSR 1720
The pH shall not be less than 6.0 standard units nor greater than 9.0 standard units.
The minimum daily dissolved oxygen concentration in the effluent shall not be less than 6.6 mg/I.
There shall be no discharge of floating solids or visible foam in other than trace amounts.

A. EFFLUENT LIMITATIONS AN MONITORING REQUIREMENTS -WINTER (NOVEMBER 1 MARCH 31)
Permit No. NC0040801
During the period beginning on the effective dale of the permit and lasting until expiration, the Permittee i authorized to discharge from outfall serial number
001, Such discharges shall be limited and monitored by the Permittee as specified below:
Flow
BOO, 5 day, 20°C
Total Suspended Residue
NH3 as N
pH2
Fecal Colitor
geometric mean
Total Residual Chtorin
peralure
Temperature
Conductivity
Dissolved ©xygen3
Oil and Grease
0,004 MGD
21.0 msil
30,0 mg/l
8,0 mg
200/100mi
30.0 mg/I
Weekl
2/Month
45.0 mg / I 2/Month
2/Month
Instantaneous
Grab
Grab
Grab ..
I or E
E
E
2/Month
400 / 100 ml 2/Month
28.0
2 / Week
Daily
Weekly
Weekly
Weekly
60.0 molt 2/Month
Grab
Grab
Grab
Grab
E, U,
E.
Grab U, D
Grab U, D
Grab E, U, C
Grab
E
Sample locations: E - ,nt, I - Influent, U - Upstream above discharge point, 0 - Downstream approximately 0.4 miles below the discharge at the
poroved road off NCSR 1720
The pH shall not be less than 6.0 standard units nor greater than .0 standard units.
The minimum daily dissolved oxygen concentration in the effluent shall not be less than 6.0 mg/1
There shall be no discharge of floating solids or visible foam in other than trace amounts.

PART I
n B, ci e+ile of Compliant
1. The permittee shall comply with Final Effluent Limitations
with the following schedule:
or discharges in accordance
Permittee shall comply with Final Effluent Limitations by the effective date of the permi
specified below.
2. Permittee shall at all tins
existing facilities at optim
ide the operation and maintenance necessary to o
iency.
3. No later than 14 calendar days following a date identifd in the above u + f compliance,
the permittee shall submit either a report of progress or, in the case of specific actions being
required by identified dates, a written notice of compliance or noncompliance. In the latter case,
the notice shall include the cause of noncompliance, any remedial actions taken, and the
probability of meeting the next schedule requirements.

Part II
Page 1 of 14
PART II
STANDARD CONDITIONS FOR NPDES PERMITS
SECTION A. DEFINITIONS
1. Permit Issuing Authority
The Director of the Division of Water Quality.
2. DEM Q "the Division"
Means the Division of Water Quality, Department of Environment, Health and Natural Resources.
Used herein means the North Carolina Environmental Management Commission.
4. Act or "the Act"
The Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 USC
1251, et. seq.
5. Mass/Pay Measurements
a. The "monthly average discharge is defined as the total mass of all daily discharges sampled
and/or measured during a calendar month on which daily discharges are sampled and
measured, divided by the number of daily discharges sampled and/or measured during such
month. It is therefore, an arithmetic mean found by adding the weights of the pollutant found
each day of the month and then dividing this sum by the number of days the tests were
reported. The limitation is identified as "Monthly Average in Part 1 of the permit.
b. The "weekly average discharge" is defined as the total mass of all daily discharges sampled
and/or measured during the calendar week (Sunday - Saturday) on which daily discharges are
sampled and measured, divided by the number of daily discharges sampled and/or measured
during such week. It is, therefore, an arithmetic mean found by adding the weights of
pollutants found each day of the week and then dividing this sum by the number of days the
tests were reported. This limitation is identified as "Weekly Average" in Part I of the permit.
c. The "maidmum daily discharge" is the total mass (weight) of a pollutant discharged during a
calendar day. If only one sample is taken during any calendar day the weight of pollutant
calculated from it is the "maximum daily discharge." This limitation is identified as 'Daily
Maximum," in Part I of the permit.
d. The "average annual discharge" is defined as the total mass of all daily discharges sampled
and/or measured during the calendar year on which daily discharges are sampled and
measured, divided by the number of daily discharges sampled and/or measured during such
year. It is, therefore, an arithmetic mean found by adding the weights of pollutants found each
day of the year and then dividing this sum by the number of days the tests were reported. This
limitation is defined as "Annual Average" in Part 1 of the permit.

Part II
Page 2 of 14
6. Concentration Measurement
a. The "average monthly concentration," other than for fecal coliform bacteria, is the sum of the
concentrations of all daily discharges sampled and/or measured during a calendar month on
which daily discharges are sampled and measured, divided by the number of daily discharges
sampled and/or measured during such month (arithmetic mean of the daily concentration
values). The daily concentration value is equal to the concentration of a composite sample or in
the case of grab samples is the arithmetic mean (weighted by flow value) of all the samples
collected during that calendar day. The average monthly count for fecal coliform bacteria is
the geometric mean of the counts for samples collected during a calendar month. This
limitation is identified as "Monthly Average" under "Other Limits" in Part I of the permit.
b. The "average weeldy concentration," other than for fecal coliform bacteria, is the sum of the
concentrations of all daily discharges sampled and/or measured during a calendar week
(Sunday/Saturday) on which daily discharges are sampled and measured divided by the
number of daily discharges sampled and/or measured during such week (arithmetic mean of the
daily concentration values). The daily concentration value is equal to the concentration of a
composite sample or in the case of grab samples is the arithmetic mean (weighted by flow
value) of all the samples collected during that calendar day. The average weekly count for
fecal coliform bacteria is the geometric mean of the counts for samples collected during a
calendar week. This limitation is identified as "Weekly Average" under "Other Limits" in
Part I of the permit.
c. The "maximum daily concentration" is the concentration of a pollutant discharge during a
calendar day. If only one sample is taken during any calendar day the concentration of
pollutant calculated from it is the "Maximum Daily Concentration". It is identified as "Daily
Maximum" under "Other Limits" in Part I of the permit.
d. The "average annual concentration," other than for fecal coliform bacteria, is the sum of the
concentrations of all daily discharges sampled and/or measured during a calendar year on
which daily discharges are sampled and measured divided by the number of daily discharges
sampled and/or measured during such year (arithmetic mean of the daily concentration
values). The daily concentration value is equal tv the concentration of a composite sample or in
the case of grab samples is the arithmetic mean (weighted by flow value) of all the samples
collected during that calendar day . The average yearly count for fecal coliform bacteria is the
geometric mean of the counts for samples collected during a calendar year. This limitation is
identified as "Annual Average" under "Other Limits" in Part I of the permit.
e. The "daily average concentration" (for dissolved oxygen) is the minimum allowable amount of
dissolved oxygen required to be available in the effluent prior to discharge averaged over a
calendar day. If only one dissolved oxygen sample is taken over a calendar day, the sample is
considered to be the "daily average concentration" for the discharge. It is identified as "daily
average" in the text of Part I.
The "quarterly average concentration" is the average of all samples taken over a calends
quarter. It is identified as "Quarterly Average Limitation" in the text of Part I of the permit.
g. A calendar quarter is defined as one of the following distinct periods. January through March,
April through June, July through Sept, and October through December.

Part IT
Page 3 of 14
7.
eastzrernents
Flaw, (MGD): The flow
monthly. It is determined as
calendar month.
24 hours average flow, averaged.
daily flows recorded during the
b. An "instantaneous flow measurement" is a measure of flow taken at the tune of sampling, when
both the sample and flow will be representative of the total discharge.
c. A "continuous flow measurement" is a measure of discharge flow from the facility which occurs
continually without interruption throughout the operating hours of the facility. Flow shall be
monitored continually except for the infrequent times when there may be no flow or for
infrequent maintenance activities on the flow device.
8. Types of Samples
a . Composite Sample: A composite sample wall consist of:
(1) a series of grab samples collected at equal time intervals over a 24 hour period of discharge
and combined proportional to the rate of flow measured at the time of individual sample
collection, or
(2) a series of grab samples of equal volume collected over a 24 hour period with the time
intervals between samples determined by a preset number of gallons passing the sampling
point. Flow measurement between sample intervals shall be determined by use of a flow
recorder and totalizer, and the present gallon interval between sample collection fixed at
no greater than 1/24 of the expected total daily flow at the treatment system, or
() a single, continuous sample collected over a 24 hour period proportional to the rate of flow.
in accordance with (1) above, the time interval between influent grab samples shall be no
greater than once per hour, and the time interval between effluent grab samples shall be no
greater than once per hour except at wastewater treatment systems having a detention time of
greater than 24 hours. In such cases, effluent grab samples may be collected at time intervals
evenly spaced over the 24 hour period which are equal in number of hours to the detention time
of the system in number of days. However, in no case may the time interval between effluent
grab samples be greater than six (6) hours nor the number of samples less than four (4) during a
24 hour sampling period.
b. Grab Sample: Grab samples are individual samples collected over a period of time not
exceeding 15 minutes; the grab sample can be taken manually. Grab samples must be
representative of the discharge or the receiving waters.
9. emulation of Mew
a Arithmetic Mean: The ariflu tic mean of any set of values is the surnrnation of the irulividual
values divided by the number of individual values.
b. Geometric Mean: The geometric mean of any set of values is the Nth root of the product of the
individual values where N is equal to the number of individual values. The geometric mean is
equivalent to the antilog of the arithmetic mean of the logarithms of the individual values.
For purposes of calculating the geometric mean, values of zero (0) shall be considered to be one
(1).
c. Weighted by plow Value: Weighted by flow value means the surmation of each concentration
tunes its respective flow divided by the summation of the respective flows.

Part 11
Page 4 of 14
10. Caierdar Day
A calendar day is defined as the period from midnight of one day until midnight of the next day.
However, for purposes of this permit, any consecutive 24-hour period that reasonably represents
the calendar day may be used for sampling.
11. j-lzardous Substance
A hazardous substance means any substance d
311 of the Oean Water Act.
12. Toxic Pollutant
A toxic pollutant is any pollutant listed as toxic under
SECTJON B. GENERAL CO
MANS
ion
P ►rt 116
of the Clean Water Act.
Lion
1. Duty to Comply
The permittee must comply with all conditions of this permit. Any permit noncompliance
constitutes a violation of the Clean Water Act and is grounds for enforcement action; for permit
termination, revocation and reissuance, or modification; or denial of a permit renewal application.
a. The permnttee shall comply with effluent standards or prohibitions established under section
307(a) of the Clean Water Act for toxic pollutants and with standards for sewage sludge use or
disposal established under section 405(d) of the Clean Water Act within the time provided in
the regulations that establish these standards or prohibitions or standards for sewage sludge
use or disposal, even if the permit has not yet been modified to incorporate the requirement
b. The Clean Water Act provides that any person who violates a permit condition is subject to a
civil penalty not to exceed $25,000 per day for each violation. Any person who negligently
violates any permit condition is subject to final penalties of $2,500 to $25,000 per day of
violation, or imprisonment for not more than 1 year, or both. Any person who knowingly
violates permit conditions is subject to criminal penalties of $5,000 to $50,000 per day of
violation, or imprisonment for not more than 3 years, or both. Also, any person who violates a
permit condition may be assessed an administrative penalty not to exceed $10,000 per violation
with the maximum amount not to exceed $125,000. [Ref: Section 309 of the Federal Act 33
US.C. 1319 and 40 CFR 122A1 (an
c. Under state law, a civil penalty of not more than ten thousand dollars ($10,©00) per violation
may be assessed against any person who violates or fails to act in accordance with the terms,
conditions, or requirements of a permit [Ref: North Carolina General Statutes § 143-215.6A)
d. Any person may be assessed an administrative penalty by the Administrator for violating
section 301, 302, 306, 307, 308, 318, or 405 of the Act, or any permit condition or limitation
implementing any of such sections in a permit issued under section 402 of the Act.
Administrative penalties for Class I violations are not to exceed $10,000 per violation, with
the maximum amount of any Class I penalty assessed not to exceed $25,000. Penalties for Class
11 violations are not to exceed $10,000 per day for each day during which the violation
continues, with the maximum amount of any Class 11 penalty not to exceed $125,000.

Part II
Page5of 14
2.
Du
The permittee shall take all reasonable steps to minimize or prevent any discharge or sludge use or
disposal M violation of this permit which has a reasonable likelihood of adversely affecting
human health or the environment.
3. Civil and Criminal Liability
Except as provided in permit conditions on "Bypassing" (Part II, C-4) and "Power Failures" (Part II,
C-7), nothing in this permit shall be construed to relieve the permittee from any responsibilities,
liabilities, or penalties for noncompliance pursuant to NCGS 143-215.3, 143-215.6 or Section 309 of
the Federal Act, 33 USC 1319. Furthermore, the permittee is responsible for consequential damages,
such as fish kills, even though the responsibility for effective compliance may be temporarily
suspended.
4. Oil and Hazardous Substance Liability
Nothing in this permit shall be construed to preclude the institution of any legal action or relieve
the permittee from any responsibilities, liabilities, or penalties to which the permittee is or may
be subject to under NCGS 143-215.75 et seq. or Section 311 of the Federal Act, 33 USG 1321.
Furthermore, the permittee is responsible for consequential damages, such as fish kills, even
though the responsibility for effective compliance may be temporarily suspended.
5. Property whit
The issuance of this permit does not convey any property rights in either real or personal property,
or any exclusive privileges, nor does it authorize any injury to private property or any invasion of
personal rights, nor any infringement of Federal, State or local laws or regulations.
6. Onshore or Offshore Construction
This permit does not authorize or approve the construction of any onshore or offshore physical
structures or facilities or the undertaking of any work in any navigable waters.
7. 5eyerability
The provisions of this permit are severable, and if any provision of this permit, or the application
of any provision of this permit to any circumstances, is held invalid, the application of such
provision to other circumstances, and the remainder of this permit, shall not be affected thereby.
8. Duty to Provide Informalim
The permittee shall furnish to the Permit Issuing Authority, within a reasonable time, any
information which the Permit Issuing Authority may request to determine whether cause exists for
modifying, revoking and reissuing, or terminating this permit or to determine compliance with this
permit. The permittee shall also furnish to the Permit Issuing Authority upon request, copies of
records required to be kept by this permit.
DAY to Reapply
If the pennittee wishes to continue an activity regulated by this permit after the expiration date of
this permit, the perrnittee must apply for and obtain a new permit.

Part II
Page 6 of 14
10. Expirat opof Per it
The permittee is not authorized to discharge after the expiration date. in order to receive
automatic authorization to discharge beyond the expiration date, the permittee shall submit such
information, forms, and fees as are required by the agency authorized to issue permits no later than
180 days prior to the expiration date. Any permittee that has not requested renewal at least 180
days prior to expiration, or any permittee that does not have a permit after the expiration and has
not requested renewal at least 180 days prior to expiration, will subject the permittee to enforcement
procedures as provided in. NCGS 143-215.6 and 33 USC 1251 et. seq.
11. Signatory Requirements
All applications, reports, or information submitted to the P
and certified.
ing Authority s
a. All permit applications shall be signed as fotiows:
(1) For a corporation: by a responsible corporate officer. For the purpose of this Section, a
responsible corporate officer means: (a) a president, secretary, treasurer or vice president
of the corporation in charge of a principal business function, or any other person who
performs similar policy or decision making functions for the corporation, or (b) the manager
of one or more manufacturing production or operating facilities employing more than 250
persons or having gross annual sales or expenditures exceeding 25 million (in second quarter
1980 dollars), if authority to sign documents has been assigned or delegated to the manager
in accordance with corporate procedures.
(2) For a partnership or sole proprietorship: by a general partner or the proprietor,
respectively; or
(3) For a municipality, State, Federal, or other public agency: by either a principal executive
officer or ranking elected official.
b. All reports required by the permit and other information requested by the Pit Ding
Authority shall be signed by a person described above or by a duly authorized rCyc ,native of
that person. A person is a duly authorized representative only if:
(1) The authorization is made in writing by a person described above;
(2) The authorization specified either an individual or a position having responsibility for the
overall operation of the regulated facility or activity, such as the position of plant
manager, operator of a well or well field, superintendent, a position of equivalent
responsibility, or an individual or position having overall responsibility for environmental
matters for the company. (A duly authorized representative may thus be either a named
individual or any individual occupying a named position.); and
(3) The written authorization is submitted to the Permit Issuing Authority.
c. Certification. Any person signing a document under paragraphs a. or b. of this section shall
make the fallowing certification:
"1 certify, under penalty of law, that this document and all attachments were prepared under
my direction or supervision in accordance with a system designed to assure that qualified
personnel properly gather and evaluate the information submitted. Based on my inquiry of the
person or persons who manage the system, or those persons directly responsible for gathering
the information, the information submitted is, to the best of my knowledge and belief, true,
accurate, and complete. 1 am aware that there are significant penalties for submitting false
information, including the possibility of fines and imprisonment for knowing violations."

Part II
Page 7 of 14
12. Permit Atti911.5
This permit may be modified, revoked and reissued, or terminated for cause. The filing of a request
by the permittee for a permit modification, revocation and reissuance, or termination, or a
notification of planned changes or anticipated noncompliance does not stay any permit condition.
13. Permit Modification. Revocation and Reissuance, or Termination
The issuance of this permit does not prohibit the permit issuing authority from reopening and
modifying the permit, revoking and reissuing the permit, or terminating the permit as allowed by
the laws, rules, and regulations contained in Title 40, Code of Federal Regulations, Parts 122 and
123; Title 15A of the North Carolina Administrative Code, Subchapter 2H .0100; and North
Carolina General Statute I43-215.1 et. al.
14. Previous Permits
All previous National Pollutant Discharge Elimination System Permits issued to this facility,
whether for operation or discharge, are hereby revoked by issuance of this permit. The exclusive
authority to operate this facility arises under this pemiit. The authority to operate the facility
under previously issued permits bearing this number is no longer effective. 1 The conditions,
requirements, terms, and provisions of this permit authorizing discharge under the National
Pollutant Discharge Elimination System govern discharges from this facility.
SECTION C. OPERATIQNAND MAINTENANCE OF POLLUTION CONTROLS
1. Certifiedl Csperator
Pursuant to Chapter 90A-44 of North Carolina General Statutes, and upon classification of the
facility by the Certification Commission, the permittee shall employ a certified wastewater
treatment plant operator in responsible charge (ORC) of the wastewater treatment facilities. Such
operator must hold a certification of the grade equivalent to or greater than the classification
assigned to the wastewater treatment facilities by the Certification Commission. The permittee
must also employ a certified back-up operator of the appropriate type and any grade to comply
with the conditions of Title 15A, Chapter 8A .0202. The ORC of the facility must visit each Class I
facility at least weekly and each Class LI, III, and IV facility at least daily, excluding weekends
and holidays, and must properly manage and document daily operation and maintenance of the
facility and must comply with all other conditions of Title 15A, Chapter 8A .0202. Once the
facility is classified, the permittee shall submit a letter to the Certification Commission which
designates the operator in responsible charge within thirty days after the wastewater treatment
facilities are 50% complete.
2. Proper Operation and Main' tenant%
The permittee shall at all times properly operate and maintain all facilities and systems of
treatment and control (and related appurtenimcei) which are installed or used by the permittee to
achieve compliance with the conditions of this permit. Proper operation and maintenance also
includes adequate laboratory controls and appropriate quality assurance procedures. This provision
requires the operation of back-up or auxiliary facilities or similar systems which are installed by a
permittee only when the operation is necessary to achieve compliance with the conditions of the
permit.

Part II
Page 8 of 14
3. Need to,j Iat or Reduce rlo
It
to halt or reduce the permitted activity in order to maintain compliance with the condition of this
4.
$YPa
be a defense for a
o Treatment Facilities
a Definitions
an enforcement action that it would have been necessary
(1) "Bypass"" means the mown diversion of waste streams from any portion of a treatment
facility including the collection system, which is not a designed or established or operating
mode for the facility.
(2) "Severe property damage" means substantial physical damage to property, damage to the
treatment facilities which causes them trr become inoperable, or substantial and permanent
loss of natural resources which can reasonably be expected to occur in the absence of a
bypass. Severe property damage does not mean economic loss caused by delays in
production.
.
b. Bypass not exceeding
The permittee may allow any bypass to occur which does not cause effluent limitations to be
exceeded, but only if it also is far essential maintenance to assure efficient operation. These
bypasses are not subject to the provisions of Paragraphs c. and d. of this section.
c. Notice
(1) Anticipated bypass. II the permittee kr
submit prior notice, if possible at least ten
evaluation of the anticipated quality and affect of the bypass.
(2) Unanticipated bypass. The permittee shall submit notice of an unanticipated bypass as
required in Part II, E. 6. of this permit. (24 hour notice).
d. Prohibition of Bypass
(I) Bypass is prohibited and the dt Issuing Authority may
a permittee for bypass, unless:
(A) Bypass was unavoidable to prevent loss of life, personal injury or severe property
damage;
(B) There were no feasible alternatives to the bypass, such as the use of auxiliary treatment
facilities, retention of untreated wastes or maintenance during normal periods of
equipment downtime. This condition is not satisfied if adequate backup equipment should
have been installed in the exercise of reasonable engineering judgment to prevent a bypass
which occurred during normal periods of equipment downtime or preventive maintenance;
and
(C) The permittee submitted notices as required under Paragraph c. of this section.
(2) The Permit Issuing Authority may approve an anticipated bypass, after considering its
adverse affects, if the Permit Issuing Authority determines that it will meet the three
conditions listed above in Paragraph d. p) of this section.
ion a

Partll
Page 9 of 14
ion.
"Upset " means an exceptional incident in which there is unintentional and temporary
noncompliance with technology based permit effluent limitations because of factors beyond the
reasonable control of the permittee. An upset does not include noncompliance to the extent
caused by operational error, improperly designed treatment facilities, inadequate 'treatment
fadlifies, lack of preventive maintenance, or careless or improper operation.
b. Effect of an upset.
An upset constitutes an affirmative defense to an action brought for noncompliance with such
technology based permit effluent limitations if the requirements of paragraph c. of this
condition are met. No determination made during administrative review of claims that
noncompliance was caused by upset, and before an action for noncompliance, is final
administrative action subject to judicial review.
c. Conditions necessary for a demonstration of upset.
A permittee who wishes to establish the affirmative defense of upset shall demonstrate,
through properly signed, contemporaneous operating logs, or other relevant evidence that
(1) An upset occurred and that the permittee can identify the cause(s) of the upset;
(2) The permittee facility was at the time being properly operated; and
(3) The permittee submitted notice of the upset as required in Part 11, E. 6. (b) (B) of this permit.
(4) The permittee complied with any remedial measures required under Part El, B. 2. of this
permit.
d. Burden of proof.
In any enforcement proceeding the permittee seeking to establish the occurrence of an upset has
the burden of proof.
6. Removed Substances
Solids, sludges, filter backwash, or other pollutants renwed in the course of treatment or control of
wastewaters shall be utilized/disposed of in accordance with NCGS 143-215.1 and in a manner such
as to prevent any pollutant from such materials from entering waters of the State or navigable
waters of the United States. The permittee shall amply with all existing federal regulations
governing the disposal of sewage sludge Upon promulgation of 40 CFR Part 503, any permit issued
by the Permit Issuing Authority for the utilization/disposal of sludge may be reopened and
modified, or revoked and reissued, to incorporate applicable requirements at 40 CFR Part 503. The
permittee shall comply with applicable 40 CFR Part 503 Standards for the Use and Disposal of
Sewage Sludge (when promulgated) within the time provided in the regulation, even if the permit
is not modified to incorporate the requirement. The permittee shall notify the Permit Issuing
Authority of any significant change in its sludge use or disposal practices.
7. Power Failures
The permittee is responsible for maintaining adequate safeguards as required by DEM Regulation,
Title ISA, North Carolina Administrative Code, Subchapter 2H, .0124 Reliability, to prevent the
discharge of untreated or inadequately treated wastes during electrical power failures either by
means of alternate power sources, standby generators or retention of inadequately treated effluent.

Part II
Page 10 of 14
SECTION D, MONITORING R CORDS
1. Represeritative Sampling
Samples collected and measurements taken, as required herein, shall be characteristic of the
volume and nature of the permitted discharge. Samples collected at a frequency less than daily
shall be taken on a day and time that is characteristic of the discharge over the entire period
which the sample represents. All samples shall be taken at the monitoring points specified in this
permit and, unless otherwise specified, before the effluent pins or is diluted by any other
wastestream, body of water, or substance. Monitoring points shall not be changed without
notification to and the approval of the Permit Issuing Authority.
2. Reporting
Monitoring results obtained during the previta s months) shall be summer zed for each month and
reported on a monthly Discharge Monitoring Report (DMR) Foam (DEM No. MR 1, 1.1, 2, 3) or
alternative forms approved by the Director, DEM, postrnarlced no later than the 30th day
following the completed reporting period.
The first DMR is due on the last day of the month following the issuance of the permit or in the case
of a new facility, on the last day of the month following the commencement of discharge.
Duplicate signed copies of these, and all other reports required herein, shall be submitted to the
following address:
Division of Water Quality
Water Quality Section
ATTTION: Central Files
Post Office Box 29535
Raleigh, North Carolina 27626-a535
3. Flow Meas
Appropria
shall be selected
monitored discharges.
accuracy of the measurements are consistent with the accepted capabili
ted scientific practices
is of the volume of
to ensure that the
of that type of device.
Devices selected shall be capable of measuring flows with a maximum deviation of less than + 10%
from the true discharge rates throughout the range of expected discharge volumes. Once -through
condenser cooling water flow which is monitored by pump logs, or pump hour mete s as specified in
Part I of this permit and based on the manufacturer's pump curves shall not be subject to this
requirement.
4. Test Procedures
Test procedures for the analysis of pollutants shall conform to the EMC regulations published
pursuant to NCGS 143-215. r3 et. secl, the Water and Air Quality Reporting Acts, and to regulations
published pursuant to Section 304(g), 33 USC 1314, of the Federal Water Pollution Control Act, as
Amended, and Regulation 40 CFR 136; or in the case of sludge use or disposal, approved under 40
CFR 136, unless otherwise specified in 40 CFR 503, unless other test procedures have been speed.
in this permit.
To meet the intent of the r onitcrrir rewired by this permit, all test pures must produce
nummurn detection and aepo a"tng levels that are below the permit discharge requirements and all
data generated must be reported down to the minimum detection or lower reporting level of the
procedure. 1f no approved methods are determined capable of achieving minimum detection and

Part II
Page 11 of 14
reporting levels below permit discharge requirements, then the most sensi
lowest possible detection and reporting level) approved method must be used.
5. Penalties for T=yerirg
The Clean Water Act provides that any person who falsifies, tampers with, or knowingly renders
inaccurate, any monitoring device or method required to be maintained under this permit shall,
upon conviction, be punished by a fine of not more than $l0,0OO per violation, or by imprisonment for
not more than two years per violation, or by both. If a conviction of a person is for a violation
committed after a first conviction of such person under this Para; aph, punishment is a fine of not
more than $20,000 per day of violation, or by imprisonment of not more than 4 years, or both.
6. Records Retention
Except for records of monitoring information required by this permit related to the permittee's
sewage sludge use and disposal activities, which shall be retained for a period of at least five
years (or longer as required by 40 CFR 503), the permittee shall retain records of all monitoring
information, including all calibration and maintenance records and all original strip chart
recordings for continuous monitoring instrumentation, copies of all reports required by this permit,
for a period of at least 3 years from the date of the sample, measurement, report or application.
This period may be extended by request of the Director at any time.
7. Recordjg Results
For each measurement or sample taken pursuant to the
shall record the following information:
a. The date, exact place, and time of sampling or measurements;
b. The individual(s) who performed the sampling or measurements;
c. The date(s) analyses were performed;
d. The individual(s) who performed the analyses;
e. The analytical techniques or methods used; and
f. The results of such analyses.
Lisvection and
The permittee shall allow the Dhhectvr, or an aut
contractor acting as a representative of the Director), u
documents as may be required by law, to;
a. Enter upon the permittee's premises where a regulated facility or activity i
conducted, or where records must be kept under the conditions of this permit;
b. Have access to and copy, at reasonable times, any records that must be kept under t1
of this permit;
n,
of this permit, the permittee
tative (including an authorized
presentation of credentials and other
ted or
c. Inspect at reasonable times any facilities, equipment (including monitoring and control
equipment), practices, or operations regulated or required under this permit; and
d. Sample or monitor at reasonable times, for the purposes of assuring permit compliance or as
otherwise authorized by the Clean Water Act, any substances or parameters at any location.

Part II
Page 12 of 14
ECITON E. REPORTINI "QQ1 EMENjS
1. Change in Discharge
All discharges authorized herein shall be consistent
The discharge of any pollutant identified in this perrni
of that authorized shall constitute a violation of the permi
and conditions of this permit.
tly than or at a level in excess
The permittee shall give notice to the Director as soon as possible of any planned physical
alterations or additions to the permitted facility. Notice is required only when:
a. The alteration or addition to a permitted facility rnay meet one of the criteria for determining
whether a facility is a new source in 40 CFR Part 12129 (b); or
b. The alteration or addition could significantly change the nature or increase the quantity of
pollutants discharged. This notification applies to pollutants which are subject neither to
effluent limitations in the permit, nor to notification requirements under 40 CFR Part 122.42 (a)
(1).
c. The alteration or addition results in a significant change in the permnittee's sludge use or
disposal practices, and such alternation, addition or change may justify the application of
permit conditions that are diffeee,rt from or absent in the existing permit, including notification
of additional use or disposal sites not reported during the permit application process or not
reported pursuant to an approved land application plan
ticipatecus1©t cgmptjance
The permittee shall give advance
facility or activity which may result in
4. jIlpAffi
of any
th
This permit is trot transferable to any person except after notice: to the
require modification or revocation and reissuance of the permittee and inco
requirements as may be necessary under the Clean Water Act,
5. Monitoring Reports
Monitoring results shall be a
a . Monitoring results must be reported on a
of this permit) or forms provided by the Director for reporti
or disposal practices.
b. If the permittee monitors any pollutant more frequently than required by the permit, using test
procedures specified in Part II, D. 4. of this permit or in the case of sludge use or disposal,
approved under 40 CFR 503, or as specified in this permit, the results of this monitoring shall be
included in the calculation and reporting of the data submitted in the DMR
in
y
er
oring o
D. 2
use
Calculations for all limitations which require averaging of measurements shall utilize an
arithmetic mean unless otherwise specified by the Director in the permit.

Partll
Page 13 a 14
6. Twenty-four Hour Reporting
a. The permittee shall report to the central office or the appropriate regional office any
noncompliance which may endanger health or the environment. Any information shall be
provided orally within 24 hours from the time the permittee became aware of the
circuntstances. A written submission shall also be provided within 5 days of the time the
permittee becomes aware of the circumstances. The written submission shall contain a
description of the noncompliance, and its cause; the period of noncompliance, including exact
dates and times, and if the noncompliance has not been corrected, the anticipated time it is
expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence
of the nonoampliance.
b. The following shall be included as information which must be reported within 24 hours under
this paragraph:
(1) Any unanticipated bypass which exceeds any effluent limitation in the permit.
(2) Any upset which exceeds any effluent limitation in the permit.
(3) Violation of a maximum daily discharge limitation for any of the pollutants listed by the
Director in the permit to be reported within 24 hours.
c. The Director may waive the written report on a case -by -case basis for reports under paragraph
b. above of this condition if the oral report has been received within 24 hours.
7. Qllleakili=211AnCe
The permittee shall report all instances of noncompliance not reported under Part II. E. 5 and 6. of
this permit at the time monitoring reports are submitted. The reports shall contain the information
listed in Part H. E. 6. of this permit.
8. Other Information
Where the permittee becomes aware that it failed to submit any relevant facts in a permit
application, or submitted incorrect information in a permit application or in any report to the
Director, it shall promptly submit such facts or information.
9. Noncompliance Notjficafton
The permittee shall report by telephone to either the central office or the appropriate regional
office of the Division as soon as possible, but in no case more than 24 hours or on the next working
day following the occurrence or first knowledge of the occurrence of any of the following:
a. Any occurrence at the water pollution control facility which results in the discharge of
significant amounts of wastes which are abnormal in quantity or c.haracteristic, such as the
dumping of the contents of a sludge digester the known passage of a slug of hazardous substance
through the facility; or any other unusual circumstances.
b. Any process unit failure, due ba known or unknown reasons, that render the facility incapable of
adequate wastewater treatment such as mechanical or electrical failures of pumps, aerators,
compressors, etc.
c. Any failure of a pumping station, sewer line, or treatment facility resulting in a by-pass
directly to receiving waters without treatment of all or any portion of the influent to such
station or facility.

PART LEI
OTHER REQUIREMENTS
A. Construction
No construction of wastewater treatment facilities or additions to add to the plant's treatment
capacity or to change the type of process utilized at the treatment plant shall be begun until Final
Plans and Specifications have been submitted to the Division of Water Quality and written approval
and Authorization to Construct has been issued.
I3. ,Groundwater Monitoring
The permittee shall, upon written notice from the Director of the Division of Water Quality, conduct
groundwater monitoring as may be required to determine the compliance of this NPDES permitted
facility with the current grrundwater standards.
C. Chapges in Pischaises of Toxic Substances
The permittee shall notify the Permit Issuing Authority as soon as it knows or has reason to believe:
a.That any activity has occurred or will occur which would result in the discharge, on a routine or
frequent basis, of any toxic pollutant which is not limited in the permit, if that discharge will
exceed the highest of the following "notification levels";
(1) One hundred microgran per liter (100 ug/1);
(2)Two hundred micrograms per liter (200 ug/1) for
micrograms per liter (500 ugly for 2.4-dinitropheno
one milligram per liter (l mg/I) for antimony;
(3) Five (5) times the maximum concentration value n
application.
its
crylonitrile; five hundred
d yI-4.6-dinitrophenol; and
pollutant in the permit
sty has occurred or will occur which would �t in any disc, on a
basis, of a toxic pollutant which is rent �� in the permit, if beat di
ighest of the following "notification levels";
(1) Five hundred micrograms per liter (500 ug/));
(2) One milligram per liter (1 mg/1) for antimony;
(3) Ten (10) times the maximum concentration value reported for that pollutant in the permit
application.
D. Requirement to Continually Evaluate Alternatives to Wastewater Disch
aw
The permittee shall continually evaluate all wastewater disposal alternatives and pursue the most
environmentally sound alternative of the reasonably cost effective alternatives. If the facility is in
substantial non-compliance with the terms and conditions of the NPDES permit or governing rules,
regulations or laws, the permittee shall submit a report in such form and detail as required by the
Division evaluating these alternatives and a plan of action within sixty (60) days of notification by the
Division.

Part II
Page 14 of 14
Persons reporting such MS by telephone shall also file a wri
5 days following first knowledge of the occurrence.
10. Availability, of, Reporti
n
Except for data determined tc+ be confidential under NCGS 143-2i5 falf2) or Section 3 of tiu
Federal Act, 33 USC 1318, all reports prepared in accordance with the terms shall be avail bie for
public inspection at the offices of the Division of Water Quality. As required by the Act, effluent
data shall not be considered confidential. Knowingly making any false statement on any such
report may result in the imposition of criminal penalties as provided for in NCGS I43-2151(b)(2) or
in Section 309 of the Federal Act.
11. Penal ies for Falsification of Reports
The Clean Water Act provides that any person who knowingly makes any false statement,
representation, or certification in any record or other document submitted or required to be
maintained under this permit, including monitoring reports or reports of compliance or
noncompliance shall, upon conviction, be punished by a fine of not more than $10,000 per violation,
or by imprisonment for not more than two years per violation, or by both.

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SOC PRIORITY PROJECT: Yes No X
If Yes, SOC No.
To: Permits and Engineering Unit
Water Quality Section
Attention: Charles Alvarez
Date: June 30, 1994
NPDES STAFF REPORT AND RECOMMENDATION
County: Stanly
Permit No. NC0040881
PART I - GENERAL INFORMATION
1. Facility and Address: Stony Gap Fish House
Route 1, Box 155
Albemarle, N.C. 28001
2. Date of Investigation: June 24, 1994
3. Report Prepared By: Samar Bou-Ghazale, Env. Engineer I
4. Persons Contacted and Telephone Number: Mr. Robert Mabry; Tel#
704/982-2559
5. Directions to Site: From the intersection of Highway 52 and
Stony Gap Road (S.R. 1720), travel east on S.R. 1.720
approximately 1.3 miles. The restaurant is on the right
(south) side of S.R. 1720.
Discharge Point(s). List for all discharge points:
Latitude: 35°18' 56" Longitude: 80°09' 13`
Attach a U.S.G.S. map extract and indicate treatment facii
site and discharge point on map.
U.S.G.S. Quad No.: F 18 SW U.S.G.S. Name: Albemarle, N.C.
7. Site size and expansion are consistent with application?
Yes X No If No, explain:
Topography (relationship to flood plain included): Hilly, 5-
20% slopes; The facility is not located within the 100 year
flood plain.
9. Location of nearest dwelling: The closest dwelling is located
approximately 200 feet from the treatment facility.

10. Receiving stream or affected surface waters: Unnamed
tributary to Jacobs Creek.
a. Classification: WS-IV
b. River Basin and Subbasin No.: Catawba; 03-07-08
c. Describe receiving stream features and pertinent
downstream uses: The receiving stream in this area has
good flow at time of inspection. Stream channel was well
defined and no detrimental effects were observed as a
result of this discharge. There are no known users
downstream.
PART II - DESCRIPTION OF DISCHARGE AND TREATMENT WORKS
1. a. Volume of wastewater to be permitted: 0.004 MGD
(Ultimate Design Capacity)
b. What is the current permitted capacity of the wastewater
treatment facility? 0.004 MGD
c. Actual treatment capacity of the current facility
(current design capacity)? 0.004 MGD
d. Date(s) and construction activities allowed by previous
Authorizations to Construct issued in the previous two
years: N/A
e. Please provide a description of existing or substantially
constructed wastewater treatment facilities: The
existing treatment consists of a 1500 gallon grease trap,
three (3) 1,500 gallon septic tanks (in series), a 3,200
square foot recirculating surface sand filter, a 6400
gallon dosing tank, and a 1,000 gallon chlorine contact
chamber with a tablet chlorinator.
f. Please provide a description of proposed wastewater
treatment facilities: N/A
g. Possible toxic impacts to surface waters: N/A
h. Pretreatment Program (POTWs only): N/A
2. Residuals handling and utilization/disposal scheme:
Sludge and greased is removed by Mr. Al Lowder, a septage
hauler, and is disposed at the Albemarle WWTP.
3. Treatment plant classification (attach completed rating
sheet): Class I
4. SIC Code(s): 5812
Wastewater Code(s) of actual wastewater, not particular
facilities, i.e., non -contact cooling water discharge from a

metal plating company would be 14, not 56.
Primary: 10 Secondary:
Main Treatment Unit Code: 4507
PART III - OTHER PERTINENT INFORMATION
1. Is this facility being constructed with Construction Grant
Funds or are any public monies involved (municipals only)?
N/A
2. Special monitoring or limitations (including toxicity)
requests: N/A
3. Important SOC, JOC or Compliance Schedule dates: (please
indicate) N/A
4. Alternative Analysis Evaluation: Has the facility evaluated
all of the non -discharge options available. Please provide
regional perspective for each option evaluated.
Spray Irrigation: N/A
Connection to Regional Sewer System: N/A
Subsurface: N/A
Other Disposal Options: N/A
5. Air Quality and/or Groundwater concerns or hazardous materials
utilized at this facility that may impact water quality, air
quality, or groundwater: No AQ or GW concerns nor are
hazardous materials utilized at this facility.
6. Other Special Items:
PART IV - EVALUATION AND RECOMMENDATIONS
Stony Gap Fish House, Inc., is applying for permit renewal for
the operation of a wastewater treatment facility located on Stony
Gap Road in Stanly County. The above wastewater treatment plant
lacks an instantaneous flow measurement device. There is also
leakage from the pump chamber. A Notice of Violation was issued
on June 8, 1994 to the subject facility requesting a written
response addressing the deficiencies. During the investigation
524 chairs were counted at the restaurant. The design criteria
allows 25 gpd for each seat (single service); thus the design flow
should be 13,100 gpd. The original application for this facility
could not be located in our files. It should also be noted that
the installed water meter at the well is serving one house and
another wholesale building that do not discharge to the treatment
facility. The owner was informed by staff of this office that a
flow measurement device needed to be installed according to permit
requirements. Also, the discharge pipe at the creek needed to be
located.

The ubjec facility has several outstanding civil- penalties,
which have not been paid} The division m.y want to consd
der
denying the permit until the outstanding enforcement actions are
resolved. This office will pursue the matter of flow versus design
capacity.
gna ure o epo preparr
Water Quality Regi
Supervisor

State of North Carolina
Department of Environrnent.
Health and Natural Resources
Division of Environmental Management ,
James B. Hunt, Jr„ Governor
Jonathan B. Howes, Secretary
A. Preston Howard, Jr„ PE., Director
June 7, 1994
Mr, Robert A, Mabrfl
Stony Gap Fish H9t'Ise,
Route 1, Box 155/ ,/
Albemarle, NO 28001 1
Dear Mr. Mabry
DEPT. OP
At7'URAti., RnsouRcE:s
jtiN 0 1994
ONISION OF EiriliZONItMVI 4,7413,fi:cEN
itOORtSi7.411 RECIONAL OITIZ
Subject: NPDES Permit Application
NPDES Permit No.Nc0040801
Stony Gap Fish House
Stanly County
This is to acknowledge receipt of the following documents on June 2, 1994:
Ai Application Form
Engineering Proposal (for proposed control faoilitie
Request for permit renewal,
-NI Application Processing Fee of $200.00,
Engineering Economics Alternatives Analysis,
Local Government Signoff,
Source Reduction and Recycling,
interbasin Transfer,
Other ,
The items checked below are needed before review can begin:
Application Form
Engineering proposal (see attachment),
Application Processing Fee of
Delegation of Authority (see ached)
Biocide Sheet (see attached)
Engineering Economics Alternatives Analysis,
Local Government Signoff,
Source Reduction and Recycling,
Interhasin Transfer,
Other
P,O, Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] FAX 919-'733-2496
An Equal Opportunity .Affirmative Action Rncloyer 50% recycled/ 10% past-c an5urrier paper

If the application,is not made complete within thirty (30) days, it will be
returned to you and may be resubmitted when complete.
This application has been assigned to Charles Alvarez
(919/733-5083) of our Permits Unit for review, You will be advised o any
comments recommendations, questions or other information necessary for the
review of the application_
I am, by copy of this letter, requesting that our Regional Office
Supervisor prepare a staff report and recommendations regarding this
discharge. If you have any questions regarding this applications,
please contact the review person listed above.
Sincerely,
CC: Mooresville Regional Office
.t;t„,
Coleen H. Sullins, P.E,

RATING SCALE FOR CLASSIFICATION OF WATER POLLUTION CONTROL SYSTEMS
In addition to the above
be rated using the point
Name of Facility:
Owner or Contac
Mailing Address:
County: s5'719,,/L
Present Classification:GL 955 .
NPDES Per. No. NC0O4O 0,I
Rated by: ,54 M 25o11—r;
Reviewed by:
Telephone
New Facility " . Existing Facility
Per. No.W© Health Dept.Per No.
Telephone: 6,63 — %Gqq date:
Health Dept. Telephone:
Regional Office Telephone:
Central Office Telephone:.
_Grade: 1 Telephone:
Spray Irrigation , Land Application
IN Total Pon
ORC: 'pc ''T ,MA
Check Classifications):
Wastewater Classification: (Ci
6 AY ti 'tlC3ATIONt CLASSIFICATION
(check all unhs that apply)
1, preliminary treatment (definition tto. 32 )
2, lagoons
p lng ems 3. septic tanks
infers 4, pump tanks
trap/interceptor +, pumps
separators S sand fliers.
utbsurteca treatment end disposal: 7. grease trapMIereeptor
subsurface treatment and disposal: S. o1Jwater separators
fl. dtsintection
10. chemical addition for rslitriersttalgae oortrol
11, spray Irrigation of wastewater
MIS Wins, pretreatment of wsadanrater In excess of these components Shell
rating system and will require an oparatar with en appropriate dual certification.
LAND APPLICATION/RESIDUALS CLASSIFICATION (Apples only to permit holder)
1. sand application d biosci ds, residuals or contaminated sails on a designated she.
WASTEWATER TREATMENT FAC IUTY CLASSFICATfoN
'The fo�I'ng systems shall be assigned a Class f classification. ut the flow is of a significant quantity or the technology is unusually
complex, to require consideration by the Connmiseion on a cas..by-salsa basis: (Check II Apprcprisle)
11 - �OWwat.r Separator Systems cans}ating only of physical saperad:son, pumps and disposal;
Septic Tank/Sand Filar Systems sweating only of septic tanks, dosing apparatus, pumps,cwd fixers, dlsNect4on
and direct discstrarye;
3, Lagoon Systems consisting only of prelminary treatment, lagoons, pumps, disinfection, necessary chemist treatment ler
algae or nutrient coward, and sired cflachwge;
4, ckwed400p Recycle Syatenss;
S Groundwater Rarnodaal on Syst.nw consisting only al oil/water separators, pampa, air itrfppring, edsot stlon, dirwfntaction
and (woad;
•
Aquaculture operations with discharge to surface waiars:
Water Plant sludge handling and back -wash water treatment;
Seafood prccessir►g consisting d screening and disponi,
Single•tamly discharging systems, Milt the excapttan of Aerobic Treatment Units, wilt be classified I permitted attar July t,
1993 or I upon Inspection by the t}hiaion. his found that t .. system Is not being adequately operated or maintained. Such
systems wilt be notified of the classification or redasstficabQn by the Commission, In wr1.

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(a)
(b)
(10)
(1
1)
(c)
al.
10
..e
t0
., 2
Ponds for Organic r Toxic Mortals Irtdudng wanes from mining
rut compounds In amourr& significantly greater than Is common
inherent ire f and tyxp i t systems) .2
5catlon systems)....._.__.__._ »._3
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OM 9....... ... $1- tter
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Fannies having a sting of ore through bur points, landush et, 0o rid mogul's a 0ertified operator.
Facilities having an acOvned nudge promrsa ten be aimed a minimum elsaslfication of Clans IL
f hat+irap treaErrerlt processes for the ranuval ci metal or cyanide will be assigned a minimum claselfication of Ciotti 0.
rarities having headmen pra,oesses for the biological removal of phosphorus- wit be assigned a minimum elwticatbn of Bose 111.
shall apply throughout Ma Bubdsapt.r.
A ptrysi€ Ycf+.mk,:al method for 'educing soluble organic material from rrsstaaratsr +ttitu.nt; Tt* 0otumu, type balls uteri this
varying from Iwo to eight galena per minute per square bon are may ba►a.r o ths�w �n or
the wastewater easement pawl ells;
in In whit, at solids are maintained In "eversion artd by which biobgical oxidation or organic metier is reduced through arrtificialiy
nen on a flow -through basis;
or bringing about Intkrate annumt betwr.n air or Mph parry oxygen In a liquid by spraykng..chatbn or difusionpa) Extended
sludge process matting a miner ern hydraulic detrrrtton tin+. of 1I hours.
god set. Any ate on amid) a crop l produced, managed, and harvested (Crop includes Grasses. preen, Ines, els.);
by whim the ammonium Ion Is first comert.d to dbosiohad ammenla (pH adjustment) eth the ammonia then released to the
ar other Omits/ processes which r*rrio petroleum products Duo) as benzene, toluene, and Ayers;
rteradon of "thorned carbon by the are of at tumnote to provide .xtremnry high trrnp.reures which vandals and oxidize the
wastewater treatm sit designed to ashlers 'secondary' effluent boils;.
which csrtt/Kat Bros is used to separate solids from liquids IX le Wands Iqukls Of Nowt derrt:las;
kin of chr.rnical(e) to wastewater as an application point far purposes of Improving rower removal, pH adjustment,
perimere wth r.rers chemicals are afferent app1fcation pouts to achieve a specific result wit be ctvtsldared one
o dual units we be rated es one system; capabmty 10 add a ci"oernkmt at a ditherers' application points lot Moroni
ed as Imparts systems;
ion of a chemical compound such se Imo, ferric chloride, or a polymer to wet sludge to cxnslesce 1h masa prior to
rids or holing tares for oontatnmest of wastewater containing hp9ante, nontoxic material from mind. gravel.
systems MO parry a maximum of two points regardless of pumping teethes or any other appurtenances:
and M1rogerous Removal by tittrkdbr- A striate stage system required to *chivy" permit effluent limits on BOD
reactor
bn of mime! chorine in a liquid by any cherrial or physial process:
P� Tins trornarsbn of alkrola-nitrogen to nitrogen pits;

(15) ElrctrodalyNi. Process toe removing ionized salts from water through the uaw of loneelecx'ivo br*e=chanpe rriambrarws;
its) Met Prase. A promo operated m.charically for Welty dswsterrg studfis:
(17) Foam Separation, The ptarned frothing of wastewater re wastewater erflwrnt eta a means of "moving eameakte smaurls of duI.rosrt rnatenale through
the frtrodudion of ar in the form re fine buttes, also ailieed loam fractionation;
(15) Grit Removal. TM process of removing put art other Mary mrera8 manor from rrasiewatar;
(19) Mrecit Tarok. A drop two story erastewster tarts consisttrto d an upper s.dirrwriatfon chsrrb.r and a beset skidge digestion dtartt+er,
(20) inetru ene.d Flow bdeliauroment. A drew windy indicates and records race of low;
(21) tort Etching*. A chemical process at which inns from two def.rtrt motacues wi.=dtartQsd;
(iZ) Lsrd application;:
(a) Sludge D;spoaal. A anal skidoo tTisprrs+tl nothod by whet wet sludge may be etpprsd to Lard .ftfwrho Mesa by sprayer; on rho or by subsurface fnjecllon
t1t.._ sthttet plow+); (not appliabie for types of sludge assarbad in (11) d this Rub);
p) Treated Etttu.rtt. Tina process of spraying roamed wastewater onto a lard area or other mathxss of application of wasennuer>trro a lord area es s
wears of final disceal or trsaerrear1;
(23) klicrtesrner>. A low speed, continuously bscfc-sraahad, rotating drum flaw operatiog Yalu grove/ cortdtkrta as a pciilah tg method for "moving
eracenciad ao10 from aftlu.ra,
("ins) Nitrification Process The biochemical 'emersion of tr»rldtzed nitrogen (arrvnortia and organic nitrogen) to o:iedz.d Ntrsgen (weak nitrate),
(25) Niropenous SIage. A .sparata stage of wastewater treatnerr designed for the specific purpose of corrverltrtg snmmonla Mrogen to rim. nitrogert;
(26) Pttosphats Remora. Biological. Thee removal of phosphorus from wastewater by an eaisianotic process designed to errors* luxury upsaka of phosphorus`
'!" to rrioraorganterrs;
(271 Polon% Pond. A halting pond lostteeirtp secondary trammel t watt unclerr detsrttbn Ilene to aloes setitktg of finely'suspended sods;
(2t) Pow Aeration. 'oration following conventional secondary tune" urea to increase sentient D.Q. or for any other purpose;
(29) Pond Aeration. (Caaeoade) A poaching method by shish dissolved otygan is added to she etflu.r;t by a nomnechartitcal, gravity nears of flowing down a.
M.nes of stops or weirs; The flow occurring across the steps or weirs moves in a tarty thin layer and the operation d the csscads ret}uires no operator
ad)ustmert; thus, taro points ars assigned own though this h an mamma! pep b miring the limles of the ditching' permit;
(30} Powdered to Granular Actlrated Carbon Feed. A biophysical carbon process that v0Hzes biological activity anal organic absorption by using powdered or
tar actfvatad carbon; Virgin or ragator10.d carbon Y load t=mtroied into the system;
1} Prsrrationt A tank constructed to provide alrstian prior to primary treatment; von for stallion" major opteratbrts;
(32) Prehirrwtary kinks Unit spirally* inproces
the treatrnerl s, such n the as screening and comminution. that prupakirks
(33) industrial Pretrreatmant.
(a) Pr.•treatrnsrr Uric, frcketi*L TM corxklioning of a waste at lie sourer before discharge, to nerrene or to nsutratt=e wbtiarces rr}urrows to seen and
tpeaartwrs prttonsus or ki One a partial reduction In bad on the trsatrrwrt process which is optimist by the sauna governing body as the wut.wator
traalm.rx plan being rated;
b} Prstroatm.rrt Program, industrial •noel be a Sao or EPA "quint program to moans pomp do Its taint aheee% aotlbaiub and suapnsnnd.d
(4) Primary Clarifiers, TM loot settttng tanks tthwhich ough whwastewater la passed in trimmer or the works fpurpose of "moving
movi g
noble and BOO which k associated with tie molds
(35) Pumps. AS influent, offk»n and in -plant pumps,
(36) Radiation. Diafrtfect nor etersllzation process utilizing devices emitting uiravbiet or gismo rays;
(37) Rarversa Osmosis. A yummier' proms in which Ovum eontarrirtat.d Nquid 4 prassurt ed through a enarnbnno itrtrdry yearly pure liquid tree horn
t 5) Rotating
solids; h in which wease ad1 flows though tanks In welch a swiss of payday aubm.rged circular
(3s) pfotatfng t3fobyieai�� Cartlractot'. A floral biological p� grocers'
surfaces are rotated;
po) Sand Filters:
(a) Irearmitent Eilatopica*. Filtration of silk*" following septic tarns, Io►goorr. or sorra other Imams" process b .thin further bfodecartrpoalllan is
sosecterl to produce desired effluents, hydraulic lording rates on these toners art tromput.d in gpdrac ,and have a muting low gotten (less than one);
b) Recarra+iatirtg bleogicad - the same type of sand filter as seined in Subparagraph (aft) (a) of the Rub with the acted capability to racyde effluent back
through the sand flier.
(40) Sand or killed Mecla Fiiars A writhing process by shish ',Mart Imes are whirred trough a further eeettdbn of suatpendd loads:
(a) low rats — gravity, tyr3rautfealry tooled miter w rt loading rates In the one to throe gprrVoi "ego;
lb) high rate = a prewurs, hydrautrcarfy loaded filter with basing rhea In the flee gpm,11 range; At any nerve. the loading rate IA wooed throe ganraf;
(41) Secondary Clarke". A tank which follows the biologic' uric of boatmen plant and which has the purpose of rimowig sludges asaocistod with lie
biological Malmo" unit*:
(42) Secants Studgs R.asrafion A part of the spread sfabmutbn pro -mu whwn the actkatad sludge is trarsforred tit a tank and aerated beton returrdrig i
to the contact basin;
443) S.ptic Tank A single goy 1Kt0ng lank In ethich Wild sludge k In conned with the oastewatar flowing trough the tank; shalt not tea applieable for
is'c tank systems serving single family risidenc et having capacity of 2,000 parlors or leas wish dischtargs to a nirlicaibn Asi1;
(44) Sludge ©iga.tion. 'TM proms by which organic or volatile manor art stodge le pasted, liquefier, mrin.rattted or connoted into more Sable organic matter
through this actMfty al Wring organism, which Includes aerated holding tanks; and
(a5) Skids* 0ryheg B. AnrrLi area o mpria &Wet or slice! tapirs tapirs of potatomaterials upon which digested sewage sludge k dried by derivtM
evaporation;
(46) Sludge Elut loratb
n. A process of sludge Cora ning In which tartan corsiltu.rss are removed by 1u *Ulve washings tafifr froth water or plant affluent;
(47) Sludge Gas LRiRzatktn. The process of using sewage gas for the ptupas' of Mating bullrings, d'fvl% engrees, etc.; bo
(ace) Sludge holding Tank (Aimed aria 1 rsereai).. A tank unload for small 4s�a pivot
may bo q awit.v+ err rigour containing a •� lay ter
loot fresh, and super atom withdrawn prior s a dryMtg method (Ls, 'ludo. drying
sludge fresh, but not necessarily an amount that would be required to achieve srabiiation of organic matter, A noraerated tank would simply be wad to
decant 'fudge prior to dewatering and would not snow long periods (sieve"! days of detention) without result'w - odor proteeMe;
(49) Sludge Incinerators. A itomac. designed to bum oludgs and to norms all moisture and corrbtelble malarial and rtlduco the it dge to a *0*10 ash;
(50) Sividge Stabiltza/bn (Chemkel or Thermal). A proems to make mensal aludgrt tear olorovs and putreecb., and to reduce the pathogenic organism
content; This may be done by pis ad)Vstrewrl. chltrrine nosing. of by heat trtestrmwrtt;
(151) Sludge Thic karer. A type of sedimentation tank in trivet the sludge Is permitted to aortic and thicken through agitation and grayly; (52) Stabilization Lit000 . A type of oxidation lagoon In atith bblogsal ortation of organic mailer Is etdeded by Mural trans/sr of oxygen 10 the errancy lfsert
yet (yet a polishing portal);
(i3) Stand -Icy Power Supply. Qn sae or portable ebdrkal generating equipment; ndabie crenate (lb/table soldr, suspended notion and flCfa
(15‘) Static Serernt A atatrorrry surer designed to rarrove gticls, Including non`blott g p
6)nTerti Tertiary
/tamru.r*.tl and g' of treatment
.rent to ter tnaseco ry which is primarily tax the purpose of affluent polls ing; A nettling Sow or sand or coat filar
(56) Tertiary Treatment. A stage of utatntart blowAteg secondary
might be enp0yed for this papaw;
(6*) Thorned Poputart Control ©evict. A device prwtdrtg for fir transfer of Mal thorn a find flowing In tubes to another Out Waldo the tubas, or VICO vans;
or odor roars d "twitting liquid tenp.nouna:
(57) Thermal Skagit Cordtktrrr, A oor itIoni tg process by which Mat Is added ter a protracted period of tens tD impsrvs the derrdersbltty of stodge by the
solubtfizirtp art frydrauttzing of to smelter and more highly hyritatad akudpe particles; agoras 'Neste*, mint, rimatation
(,5E} Tools Maleriab. Those wassail or panblrtallona of wastes, rtdudtrg dit.sue-causing urys s which dt•r *chugs and upon irges
e r asahrtt.tbon Into arty organist, sides from the errvbeorvrtent ar indirectly by tp n through food chairs, wR de cause ath, cflwosae, behavioral
Itinormatttisa, censor, genetic nwnktn
atsd n s�gicai mahlurtctiore ( tii trt
ralun �ln rsproduet1an) or physical ddonna<iors. In such organisms or Omar
4C*ICE1), Toxic rule include, herryt way of CCa. and bhe � trio luny (WTI; ere any mnl11rifa ha+laor rmilyy Marsattrr to dsttormirt to0have
�B}, poycctic>rIr'r ��ip
(59) TriotAng*Filer. A bblogtcal treatment we oorx3sting of a maternal such as broken tone or rod over which wastewater ladksrbuted; A NO trisi arrg
Oak prope;
ter he one which operated all bet eon 10 and 30 mgd per acre. A low rsto trkl1ng flier it ores which it reigned to operate of one to four mgd per acre;
(e0) TRckSno F*.r (Pacifist Tower). A pig Rev type of operation In whet wasutrYar firers town Ihrooph s produce
layers la condary 7 ^+Mime material;
r nb
mains: ha recnared continual/ by the active bkoiogkal Road growth in sad: socceasive layer. This methyl
be
aedapted to produce e a doled efittent;
(S1), Vacuum Flier.C.ntirllugees, or Fret Prosser. Devices 'elfish are designed to "troy..ke
nee war from slthar skated orundigested "Judge prior to di.p ae
or further trodmertt

Te be 1i led ocly by se rviCel . wholotele and retail trade,
anci other commerclil estebilthmehts iftcludiag It$411,
NoFJH ::'.':)(.1PILA DEPT. OF NATURAL RESOURCESAND COMMUNITY DEYELO
•ENVIROKuiEN-TAL PIANAGEPIIEPrr COI,PlISSION
NAT/ONk riOLLUTANT DISCHARGE ELIMINATION SYSTEM
APPLICATION FOR PERMIT TO DISCHARGE - SHORT FORM D FOR
. DatiC T
USI
So not attempt to complete this fort Without matting vs. occcaosnyir4 instructions
Plasse pried or type
i.haw. address, and telephone leolibir of facility producing discharge
A. keno
I. Strett madras'
C. City
E County
G. Tel lotto,* lio.
2. sic
Area
Co de
3. ohrriber Of rokOlOyee1 4
4. nature of pulimeit
D. Stata
F. ZIP
S. (a) Check here if disCherig* occurs all yoerCl, or
(b) Check the renth(1) d'i &charge occurs:
1. 0 January ts Fabniary 3.tr� 4.0 April S. 016ay
6.0 June 7.0tholy "august Upteetor 10.0 October
I . ho vanber I . Ds carter
(c) how men, days per week:
1.01 2.0 2.3 3.044 4.06-7
6. Types of waste water discharged to surface raters onlyas pflc.b,)
Ofscharpe per
Operating gay
4.
aver.
I. Cooling ureter, I C..
Oaf iy average

WSW water is disNyrped
C. Septic tank
ti. Evaporation lagoon or pond
t,. Other, specify:
i. Norte of separate dischare, pbl#ts
A.cfl I,132.3 C.04.6
.11). fbkei your discnarge contain or Is
one or wort of the following svbstarticei Alga as arm./
activities, or processes: avanonia, cyanide, il�airy ,
C1tir©,iu*, Copper, lead, mercury, nickel, seirniue, IIls+c
Drease, and chlorine (residual).
A.D4es i.tteso
(1)
D. t7 IS or Kars
1 certify that t se
that to the best of my knowledge a
accurate.
Carolina
M , M!! iQ , 0CC Or: epee
lse etatemer.t re
document file
*irental a-Ageaent Co
y renders inaccurate an
ate d cr maintained un-der ,141
e«ecting that irttele, shall
ono or by prison ..p.nt' r,ot to
unis* er,t by a fire of -mot mots
excee
t1^„an
be
lArticle, ar vhca f*lsifleis4 tamro rs
ens or nonito r4,441mice or athcd raqu1red to be
it regu1atior s of the Lnvirorsr;ental Kanageraa.nt Cvr-iisr
of s 'Misdemeanor punishable by aline not to exceed
six months, or by both. (18 U.S.C. Sccti©a 10)1 prnv.
,000 or trprisonment not rove than 5 years. or both

C4*..194g;
WA
t...,OAD ALLOCATION
PERMIT NO.: NC004080 1
FACILITY NAME: Stony Gap Fish House
Facility Status: Existing
Permit Status: Renewal
E E3 8 1990
Min ENVILIKI,Ej,:, AY,
ESVILLE REGINIAL OFFI
Major Minor
Pipe No.: 001
Design Capacity: _0.004 MGD
Domestic (% of Flow): 100 %
Industrial (% of Flow): 0 %
Comments:
permit renewal. Has existing summer and winter limits
RECEIVING STREA
Class: C
an unnamed tributary o Jacobs Creek
Sub -Basin: 03-07-08
Reference USGS Quad: F 18 SW
County: Stanly
Regional Office:
Requested by:
Prepared by:
Reviewed by:
Mooresville Regional Office
Rosanne Barona
(please attach)
Mo(
Date Rec.
5" 5
Drainage Area ,2 02, 5r7 Avg. Streamflow (cfs): 01.
A 7Q10 (cfs) t,33 Winter 7Q10 (cfs) 30Q2 (cfs) 0, 7
Toxicity Limits: IWC
Instream Monitoring:
Parameters to.
Upstream )'
Downstream y
Effluent
Characteristics
Acute/Chronic
eb:tivriti ecitidc
Location o-bove
Location "1-26. 4wit/ 19e 10(x) Cia,1104
mprowd
Summer
Winter

WASTELOAD ALLOCATION APPROVAL FORM
Facility Name:
NPDES No.:
Type of Waste:
Facility Status:
Permit Status:
Receiving Stream:
Classification:
Subbasin:
County:
Regional Office:
Requestor:
Date of Request:
Quad:
Stony Gap Fi h House
NC0040801 RECEIVED
Domestic
Existing
Renewal
ut Jacobs
C
030708
Stanl
MRO
Rosanri "Harona
9/25/8
F18SW
RECOMMENDED
Wasteflow (mgd) :
BOD5 (mg/1) :
NH3N (mg/1):
DO (mg/1) :
TSS (mg/1) :
pH (su) :
Fecal Coliform (/100m1):
Oil & Grease (mg/1) :
Summer
0.004
12
4
6
30
6-9
200
30
MONITORING
IMILOOM OF ENVOIONMENTAl MAIA6EMEK.
Cre ` ' 3° [989
Mtk3RESVIIEE �d�yl�.' � :.
aeGPoruL o�ea i n a g LE
Summer 7Q10:
Winter H7Q10:
Average flow:
30Q2:
EFFLUENT LIMITS _-
New Limits
Winter Dal
0.004
21
8
6
30
6-9
200
30
5415
era
7
0.33
0.52
2.60
0.70
sq mi
cfs
cfs
cfs
cfs
Existing Limits
Max Summer Winter
0.004 0.004
12 21
4 8
6 6
30 30
6-9 6-9
60
Upstream (Y/N): y Location: above discharge point
Downstream (Y/N): y Location: -0.4 mile below discharge at
improved road off SR 1720
--------------- - - - COMMENTS ------_______,__
Recommend instream monitoring for D.O. temperature, fecal coliform,
and conductivity
The final permit renewal may contain one of the following recommendations
for chlorine: dechlorina ion requirement, chlorine limit, or toxicity
testing requirement. The region will be notified.
Please see attached memo concerning instream monitoring.
------------
Recommended by:
Reviewed by
Instream Assessment:
Regional. Supervisor:
Permits & Engineering:
RETURN TO TECHNICAL SERVICES BY:
Date:
Date:
Date:
Date:

➢IVIS.ON OF WATER QUALITY
June 2, 1999
MEMORANDUM TO: Rex. Gleason
FROM: Roberto L. Scheller
SUBJECT:
Comments Regarding.
Stony Gap Fish House WWTP
Permit No. NC0040801.
On March 26, 1999 the Division issued a public notice of notification of intent to deny
issuance of a state NPDES Permit (see attached copy). The subject permit. was scheduled to
expire on May 15, 1999.
On January 15, 1999 Mr. Robert A. Mabary was issued a Notice of Violation for
violations of permit conditions, specifically, bypass of wastewater from the treatment facility via
a crack in the wall of the sand filter (see attached complaint investigation),
A Compliance Inspection conducted on August 6, 1997 was issued as a Notice of
Recommendation for Enforcement and Notice of Violation for numerous permit limit violations.
During 1994, Mr. Mabry falsified monitoring reports which is a criminal violation of
State Law and the Federal Clean Water Act. The falsification of records was investigated by the
SB1(see attached Chronology of Stony Gap Fish house).
Because of the past compliance history of Stony Gap Fish House and questions regarding
the sample integrity of samples collected by Mr. Mabry it i recommended that the NPDES
Permit No. NC0040801 not be reissued; however, should the permit be reissued it is
recommended that unannounced effluent sampling be conducted to confirm compliance with.
permit limits.

PUBLIC NOTICE
STATE OF NORTH CAROLINA
ENVY ONMENTAL MANAGEMENT COMMISS)ON
POST OFFICE BOX 29535
RALEIGH, NORTH CAROUNA 27626-0535
NOTIFICATION STF ATE ENT TO
DENY
ISSUANCE OF A
PERMIT
Public notice of intent to deny 'issuance of a State NPDES permit to the
following:
NPDES Perrnit No. NC0440801, Mr, Robert Mary, Route 1. Box 55, Albe-
marle, North Carolina 28011, has applied for a permit renewal for an existing
facility located at Stony Gap Fish House, Stony Gap Road in Stanly County.
The facility discharges 0,004 MGD of treated domestic wastewater from one
auttall into an unnamed tributary to Jacobs Creek, a class WS-IV stream in
the Catawba River basin which has 7010 flow of 0.33 cfs and a 3002 of 0.7
s. The Division intends to deny the permit based on failure to be substan-
tially in compliance with state laws, regulations and rules for the protection of
the environment
On the basis of staff review and application of Article 21 of Chapter 143. Gen-
eral Statutes of North Carolina. Public Law 92 - 500 and other lawful stan-
dards and regulations, the North Carolina Environmental Management Com-
mission proposes to deny issuance of a permit to discharge to the persons
listed above effective May 15,1999.
Persons wishing to comment upon or object to the proposed determinations
are invited to submit same in writing to the above address no later than April
30, 1999. All comments received prior to that date will be considered in the
formulation of final determinations regarding the permit denial. A public
hearing may be held where the Director of the Division of Environmental
Management finds a significant degree of public interest in this permit denial.
The existing permit file is available for revi
of Environmental Management, Water Quail
in. P.O. Box 29535, Raleigh, NC 27
Mooresville Regional Office, 919 North
(704-66.3-1699).
The application and other° is
during normal office hours.
upon request and payment o
or requests regarding the proposed
the NPDES permit number listed above.
Date 3/26/99
P3132495
ing or calling the Division
on, Permits and Engineer-
33-5093 ext. 517) or ttie
n Street, Mooresville, NC 28115
led at these locations
Lion on file are available.
ction. All such comments
uld make reference to
David A. Goodrich
for Kerr T. Stevens; Director
Division of Water Quality

NCDENR
JAMES. 5, MS./NT JR.
GOVERNOR.
WAYNE MCDEVITT
SECRETARY
- 5y
••'-'7"" ,•
NORTH CAROL NA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
MOORESVILLE REGIONAL OFFICE
DIVISION OF WATER QUALITY
January 1.5,1999
Certified Mail
Return Receipt Requested
Mr, Robert A. Mabry
Stony Gap Fish House
40339 Stony Gap R.oad
Albermarle, North Carolina 28001
Subject: Notice of Violation
NCGS 143-215.1. Control of
Sources of Water Pollution.
Stony Gap Fish House WWTP
}NPDES Permit No, NC0040801
Stanly Count, NC
DearMr. Mabry
Chapter 143, Article. 21 of the North Carolina General Statutes (NCGS)
authorizes and directs the Environfnental Management Commission of this Department
to protect and preserve the, water resources of the State. The Division of Water. Quality
has the delegated authority to enforce adopted pollution control rules and regulations.
Attached is a copy of an investigation report prepared by Roberto L. Scheller of
this Office regarding a complaint filed on November 2, 1998, of raw sewage being
discharged across the complainant's property and into an unnamed tributary of Jacobs
Creek. investigations of the complaint were conducted an November 4, 1998, and
January 8, 1999.
During the investigation on January 8, 1999,.it was found that wastewater was
disc -barging from the sandfilter bed via a crack in the wall and was flowing down
gradient into a nearby stream, Pursuant to your NPDES permit Part II , Section E. any
unanticipated bypass shall be reported orally with in 24 hours, followed by a written
submission within 5 days of the b.rpass, Part II, Section C of your NPDES permit also
requires the pemittee at all times to properlyoperate and maintain all facilities and
systems of treatment and control (and related appurtenances) which are installed or used
by the permittee to achieve compliance with permit conditions.
91.9 NORTH MAIN STREET, MOORESVILLE, NORTH CAROLANA 26115
PHONE [phone] FAX [phone]
AN EQUA. OPPORTUN1TY / AFFIRMATIVE ACTION EMPLOYER- 50% RECYCLED/10% POST -CONSUMER PAPER

Notice of marl n
Stony Gap Fish Honse'
January 15, 1999
Please be advised that pursuant to NCGS 1 - 1 . A, a civil penalty of not ore than ten
thousand 1 , per day may be assessed against any person who violates or fails to act in
accordance 'With the terms, conditions or requirements of any perrnit issued pursuant to NCGS 142-
1 .1, Penalties may also be assessed, up to $10,000 per day per violation, for the damage to surface
waters of the State. You will be d is d of any enforcement recommendation,
ted that au re and. in
correct the noted discharge, and also e .pl i
address vo re arse o chili
this _:Notice , in
easures ta.en to prevent
re her no later than Feb
Should you have " questions, please do not hesitate to cor
at (704) dd -1699.
Attachment
Singer
D. Rex +wales son, P,
r Quality RegiOna. Supervisor
auras tal ara t
iolation , Please
1999
Roberto Schaller or
cc. Robert Sledge, DWQ, Point Source orpli ce EnforceEnforcement Unit
Stanly Health Department
rl.

NORTH CAROLINA DEPARTMENT OF ENVIRONMENT
AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
91.9 NORTH MAIN STREET
MOORESVILLE, NORTH CAROLINA 28115
REPORT OF: Complaint Investigation
DATE OF INVESTIGATION: November 4, 1998 and January 8, 1999,
INVESTIGATED BY: Roberto L. Scheller and Wes Bell
TIME SPENT: )0 Hours
PLACE VISITED: Stony Gap Fish House
PHYSICAL LOCATION: South of City of Albemarle
offSR. 1720
Stanly County, North Carolina
MAILING ADDRESS: 40339 Stony Gap Road
Albemarle, North Carolina
TELEPHONE #: [phone]
RIVER BASIN: Yadkin -Pee Dee
PERSON CONTACTED: Mr, Robert Mabry
REASON FOR VISIT: Investigation of complaint regarding discharge of wastewater
COPIES TO: Stanly County Health Department
Point Source Compliance Enforcement Unit
Complainant
REPORT:
On November 2, 1998, this Office received a complaint that untreated wastewater was
discharging across the complainant's property and into a near -by creek, The complaint was
investigated on November 4, 1998, by Robert© Scheller of this Office. At the time of the
investigation it appeared that water was seeping from beneath the ground. The area had been
recently graded and the seep appeared to be coming from a wet weather spring or a broken water
line. There was no odor or color associated with the water seeping from the ground at the time of
the initial investigation. Mr. Mabry was contacted by phone on November 4, 1998, and asked to
check the Stony Gap Fish House WWTP for possible overflows or broken pipes. Mr. Mabry was

Complaint Investigation
Page Two
also asked to check his effluent discharge pipe, that was located in the area of the seep, to see if it
may have been damaged by the grading. Mr. Mabry agreed to check the subject treatment facility
for any sources of wastewater discharge. On. December 17, 1998, this Office received another
complaint regarding the Stony Gap Fish House WWTP and a possible discharge. A telephone
call was made to Mr. Mabry from Mr. Scheller on December 17, 1998, at 1.1:05 a.m., to
determine if the water was coming from the treatment plant. Mr. Mabry stated that he did not
believe that the water was coming from the Stony Gap Fish House WWTP, but he would recheck
the facility for leaks. Mr. Roberto Scheller of this Office proposed a dye test of the subject
facility to make certain that the water seeping down gradient was not corning from the Stony Gap
Fish House WWTP. A date of January 8, 1999 was agreed upon to conduct the dye test.
On January 8, 1999, Mr. Scheller and Mr. Wes Bell of this Office arrived on site to
conduct the scheduled dye test. A quick inspection of the treatment facility was conducted, and a
crack at the bottom of a block wall to the sandfilter bed was found. It appeared that gravel was
placed over the crack to conceal it. The sandfilter bed was dosing at the time of the
investigation. The discharge flow corning from the cracked wall was estimated at 5-10 gallons
per minute. Mr. Mabry was instructed that the discharge needed to be stopped and the crack in
the wall of the sandfilter repaired. Mr. Mabry agreed to immediately take care of the repairs to
the sand filter bed and stop the discharge.
A letter (Notice of Violation) will be sent to Mr. Mabry advising him of his duty to
comply with NPDES permit conditions arrd North Carolina environmental regulations. A.
follow-up investigation will be necessary to ensure compliance.

NCDENR
,J AM E S B. HUNT
J R
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
MOORESVILLE REGIONAL OFFICE
DIVISION OF WATER QUALITY
January 1 , 1999
1V. Mari Sylvester
40592-A Stony Gap Road
Alberrnarle, North Carolina 2800]
Subject: Sewage Bypass
Complaint Investigation.
Stanly County, NC
Dear M±. S 1vester:
Enclosed please find a copy of the Complaint investigation Report for the
ins°esti gations conducted on November 4, 1998 and January' 8, 1999 by Mr. Roberto
L. Scheller of this Office.
The Complaint Investigation Report should be self-explanatory; however,
should you have any questions -concerning this matter, please do not hesitate to
contact Mr. Schelier or me at [phone].
Enclosure
Sincerely,
D. Rex Gleason, P. E.
Water Quality Regional Supervisor
919 NORTH MAIN STREET, MOORESVILLE, NORTH CAROLIINA 281 15
PHONE [phone] FAX [phone]
AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTIiQN EMPLOYER - 50% RECYCLED/10k POST -CONSUMER PAPER

Aug 30 '9 7:57 P. 01/ 2
-
er-erlo^l'
°PERRI-IONS BRANCH - WO Fax :[phone]
/
, r), ,
Chronology
Chronology
Stony Gap Fish House
Stanly County
Robert Mabry was issued NFDES permit NC0040801 on July 31, 1979 for tbe operation
of a 4,000 gallon per day waste water treatment system with a discharge to Jacobs Creek.
The waste water treatment system was constructed to serves the Stony Gap Fish House,
Since 1986, there have been numerous civil penalty assessments against the facility for
permit limit violations, monitoring frequency violations, failing to renew a permit on
time, and late report submittal, Attached for your reference is a list of the 16 cases for a
total of $94,270.42
To date. Mr. Mabry has paid only S2,010 to settle three of the oldest cases.
Currently there arc still 13 outstanding cases with penalties of $83,460.42.
The 13 remaining cases have been referred to the Attorney General's oflice for collection,
During April through May 1994, ME Mabry falsified monitoring reports which is a
criminal violation of State Law and the Federal Clean Water Act.
On May 27, 1994 Mr, Mabry applied for renewal of NPDES permit No. NC004080 1 .
Due to the criminal investigation by the SBI, further civil actions and action on the permit
renewal request were placed on hold.
Following a lengthy investigation, an Agreement for a Pretrial Diversion (Agreement)
was signed by Mr. Mabry on January 5, 1996. This Agreement places the case on hold
for 12 month. If Mr, Mabry meets all the conditions of the Agreement, the criminal
charges against him will be dropped. One of the General Provisions of Agreement states
Mr. Mabry must not violate any Federal, State or Local Law.
Due to an oversite, Division staff were not notified prior to the Agreement The Division
first learned about the Agreement when a call was placed to the SBI to determine the
status of the case.
In a certified letter dated March 8., 1996, Mr. Mabry was notified of the Division's intent
to deny his permit renewal. The notice was placed. in the local news paper for 3.0 days.
Oar records do not indicate that Mr. Mabry ever responded to the certified lettor.
A review of the self monitoring reports for the facility revealed permit effluent violations
for BOD ir both April and May, 1996..
In a certified letter dated May 30, 1996, Mr. Mabry was notified that his request for
permit renewal had been denied.
This renewal was denied based on substantial noncompliance with state laws, regulations
arid rules governing the protection of the environment.

VPERRTIDNS
BPNCH WO Fax:919-`6048 30 '96 :6 P. 02/02
At the request of the staff" of the Division's Mooresville Regional Office, the Stanly
County Health Departmet visited Mr. Mabry's Stony Gap Fish House on August 22,
1996 and determined Mr. Mabry was operating his waste treatment system without a
permit in violation of state and federal law.
Mr. Mabry had continued to operate his restaurant following the permit denial, He stated
that the permit denial told him to cease the discharge, so he started having his septic tanks
pumped as needed to prevent the discharge. He however never stopped operation of the
treatment system.
Mr. Mabry did not have the requited permit from the Division for this pump and haul
activity, if he had requested such a permit, hits request would have been denied.
The restaurant was closed by the Stanly County Health Department on August 23, 1996
due to its failure to have an approved waste water treatment sybtern.
Since that time, Mr. Mabry has made numerous calls to Division staff.
Following discussion with the Division management, Mr. Mabry was inforTned of the
following on. August 28th by the Water Quality staff;
I. Ile can not reopen his restaurant until such time as he reapplied attd received a
valid NPDE.S permit. An operation of the system without a permit would be a
violation of state and federal law.
2. The permit would not be reissued until such tirne as he demonstrates that the
problems at the facility which led to the past violations have been corrected
and appropriate actions taken to prevent future violations.
The permit would not be reissued until such time as the $83,460.42 in past
penalties is resolved.
4. Due to the public hearing process, it would take several months before a new
permit could be issued.
5. A temporary permit or a pump and hau
not an environmental emergency.
not be issuethis is
Mr_ br''s action over the past years have demonstrated his continuous contempt for
tlna Stttte's environmental regulations and his unwillingness to work with the Division.
Mr. Mabry never indicated a real desire to work with the Division until as a last resort the
Stony Gap Fish House was closed by the Stanly County Health Department at the
Division's request.

STANLY COUNTY HEALTH DEPARTMENT
1000 North First Street, Suite 3
ALBEMARLE,, N. C. 28001
[phone]
FAX [phone]
June 21, 1999
Robert Scheiler
Mooresville Regional Office
Department of Water Quality
919 N. Maio 3t, PO Box 950
Mooresville, NC 28115
1999
JAMES A. JONES, MPH
DIRECTOR
This misinform you that from recent observations, we are satisfied that Stony Gap Fish House is
closed. Enclosed is a grade sheet that states that the establishment is closed. if you have questions
regarding any of the above or enclosed, please give us a call. at [phone].
Sincerely,
Ben L. Washington, E
Environmental Health Supervisor

Wastewii
Name of ista
Street Address:
N';Cw I)epattrnrent of Environment and Natural Resources
L7ivisirn ot"Environmental lkealth
INSPECTION OF RESTAURANT OR
OTHER F OODHANDL NG ESTABLISHMENT
FOOD SOL'-RCES [,Zfrl)1i; .2,612; .261.5; .2
L Food from appromspoil ge, adulternt'iran, rrrtatnrrtltantfe n 5
FOOD PROTECTION [.2609;; .2611, 2612; .2613; :2614; .2622, ?f 121
2. Potentially hazardous food rrtt tas temperature and.lor time requite-urents 5
during storage, preparation, display, service and transportation
3, Food stored, thawed, prepared, cooked, handled, displayed, served, 5
transported to prevent contamination, adulteration, spoilage
4.. Food not reserved 5
5. Thermometers provided, accurate, available, 3
6. Appropriate written notice of clean plates 1
7. Dry` ¢'dads stared properly and labeled accordingly 2
PI' RSONNEL [.2609(4 ,2616]'
R. Personnel with infections or communicable diseases restricted 5
9. .Proper handwashing, good hygienic practices 5
1t). Clean clothes, hair restraints 1
EQUIPMENT AND UTENSILS [.2612; .2613; ..2617; .261.8; .2619; .2620p .2621;
.2622; .2632th)J
1. Food contact surraces cleaned and sanitized by approved rnethods, sanitiztng 5
solution provided
2. Approved utensil -washing facilities of suf'fieie.nt si e, itlt accurate 3
thermometers and test kits available and us
3. Food contact. surfaces clean and itt good rep n 3
4. :Food service equipmettt'NSE or equal, utensils altprovred 2
5, Air -drying, storage and handling o1 clean equipment and utensils 3
6. Single service articles properly stored and handled. 2
, Non-food contact surfaces clean and in good repair 2
WATER. SUPPLY 1.261 K; .2623]
18. Source in accordance with I5,A NCAC IRA .1700; Dot and canld vrater utader 5
pressure, meets temperature requirements
19. No cross -connections or other potential sources of conta.minatacrn 5
LAVATORY AND TOILET FACILITIES [ 2ii09(c):.2624; .2625]
20, Approved, accessible, in gourd repair
21 `1 oilct rooms with self -closing doors, fixtures and roosts clean, mixing faucet, 2
soap, towels, dryer, :ignt
WASTE DISPOSAL [.2612; ,2613; .26261
22. Wastewater discharged into approved, properly operati.
treatment and disposal system
23, Garbage cans, containerized systems properly maintained„ cleaning facilitie 2
provided or contract maintained for cleaning
ANIMALS .AND PEST CONTROL [.2610; 2629; .26331
24. Animal or pets presence 4
25. Doors self -closing where required; all windows s,creened 2
26. Pests breeding places or rodent harborages 1
FLOORS, WALLS AND CEILINGS 1 2613; ,2624(a); ,2627; .26281
27, Properly constructed 2
218.. Clean maintained in gond repair 1
LIGHTING AND VENTILATION 1„2630; .26311
29., Meets illumination requirements; shielded [
30. Ventilation clean, in good repair I.
STORAGE SPACES AND OTHER [.2:620(d); .2632; .'Zfr33]
31. Toxic, substances properly stored and marked 5
32, Outside premises clean and storage spaces clean 1
33. Not used for domestic purposes 1
34. Linen. properly handled, stored
4 nt Not
.ottnntuni ty=
State: Nf:. Zip:
'Water sample taken today?
plr° Ndrne Change
spec.ti.
(if d
t,
et 5
Pernnittee.
g Address
One)
2,5
d ntlft ation Nuts
T AID 1CTIO
Inspection Londueted by:
DENri 4007 (Rcr'tsvd 9198)
E,nvtt'emeetontd ki:mlth Sovkes SteLio Y (ti€^. a°+' (3E Signature of Rep( Recipient.
Attached -,
Yes,

C)r
PUBLIC NOTICE.
STATE OF NORTH CAROLINA
ENONMENTAL MANAGEMENT COMMISSION
POST OFFICE BOX 29535
RALEIGH, NORTH CAROLINA 27626-0535
NOTIFICATION STF ATE NT TSO DENY PERMIT ISSUANCE OF A
Public notice of intent to deny issuance of a State NPDES permit to the
following➢.
NPDES Permit No. NC0040801. Mr Rout Mabry, Route 1, Box 55, Albe-
marle, North Carolina 28011, has applied for a permit renewal for an existing
facility located at Stony Gap Fish House„ Stony Gap Road in Stanly County.
The facility discharges 0,004 MGD of treated domestic wastewater tram one
outfall, into an unnamed tributary to Jacobs Creek, a class WS-IV stream in
the Catawba River basin which has 7010 flow of 0,33 cis and a 30Q2 of 0.7
cfs. The Division intends to deny the permit based on failure to be substan-
tially in compliance with state laws, regulations and rules for the protection of
the environment
On the basis of staff review and application" of Article 21 of Chapter 143. Gen-
eral Statutes of North Carolina, Public Law 92 - 500 and other lawful stan-
dards and regut.aor+s, the North Carolina Environmental Management Com-
mission proposes to deny issuance of a pernmit to discharge to the persons
listed above effective May 15, 1999.
Persons wishing to comment upon or object to the proposed determinations
are invited to submit same in writing to the above address no later than April
30, 1999. All comments received prior to that date will be considered in the
formulation of final determinations regarding the permit denial. A public
hearing may be held where the Director of the Division of 'Environmental
Management finds a significant degree of public interest in this permit denial.
The existing permit file is available for review by writing or calling the Division
of Environmental Mansgement, Water Quality Section, Permits and Engineer-
ing, P©. Box 2�5, Raleigh, NC 27626-0535(919733-5083 ext. 517) or the
Mooresville Regior� Office, 919 North Main Street, Mooresville, NC 28115
(704-6631699). " a
The application and other information may be inspected at these locations
during normal office hours. Copies of the information on fileare available.
upon -request arid payment of the costs of reproduction. All such comments
or requests regarding the proposed permit denial should make reference to
the NPDES permit number listed above.
Date /26/99 4 David A. Goodrich x
for Kerr T Stevens. Director
n of Water Quality

State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
Kerr T. Stevens, Director
March 23, 1999.
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Robert Mabry
Stony Gap Fish House
40339 Stony Gap Road
Albemarle, North Carolina 28001
NCDENR
r
Subject: Denial of Reissuance of NPDES Permit
Failure to Comply with Terms of Settlement
Agreement
Stony Gap Fish House
NPDES No. NC0040801
Stanly County
Dear Mr. Mabry:
The Division has received your response to our December 3, 1998 correspondence. I have carefully
reviewed its content and although I am sympathetic to the economic hardships that you have experienced
over the past two years, I cannot find justification for any modification of the terms listed in the December 3,
1998 letter to you.
As a recipient of an. NPDES permit, it is your responsibility to adhere to permit limitations and
conditions, and thereby avoid penalties. As stated in the December 3`d letter, you have not complied with all
the conditions of the settlement agreement, therefore the Division cannot allow the renewal of the NPDES
permit for Stony Gap Fish House, An intent to deny your permit renewal request will be published in The
Charlotte Observer and The Stanly Press and News.
Sincerely,
cc: Central Files
Mooresville Regional Office, Water Quality
NPDES Unit, Permit File
Point Source Compliance/Enforcement Unit
Attorney General's Office
Stanly County Health. Department.
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone]/FAX [phone]
An Equal Opportunity Affirmative Action Employer 517/a recycled/ 10% post -consumer paper

ONIT
STO
AST
BE
NPDES PE
Prepared for:
r. ,Robert
40339 Stony Gape Road
Albetnarle, North Carotin 28001
Nepared by:
Resolve rr irontn nttd Se ices, P.A.
1745 r l Botts "a rl Drive
Kernersville, North Carolina
crrrlar 4, 1997

1 c-
4(444,
Karen E. Heater, P.E.
Principal Engineer
MONITORING & SAMPLING P
STONY GAP FISH HOUSE
WASTEWATER T TMENT P T
ALBEMARLE, NORTH CAROLINA
NPDES PE IT NO. NC0040801
Prepared for. -
Mr. Robert Mabry
40339 Stony Gap Road
Albemarle, North Carolina 28001
December 4, 1997
Resolve Project No. 805.02
Prepared by
. -
Resolve Environmental Services, PA,
1745 Abbottsford Drive
Kernersville, North Carolina 27284
1910 996-4328

SECTION
MONITORING A.PIN"G P. x ..
STONY GAP PI I ' HOUSE
E
WASTEWATER TREATMENT P T
ALBE E, NORTH CAROLINA
NPDES PE IT NO, N l'I 0801
1.0 !NTRODUCTION
TABLE OF CONTENTS
1.1 Purpose and Scope
1.2 IJeseription of Facility
2.0 ''IDE S MONITORING REQUIREMENTS
2,1 Sampling Locations
2.2 Sampling Frequencies
2.3 La orr t ry Analyses
2,4 On -Site ' Sampling/Measure ents
2.5 Reporting
rting
3.0 SAMPLING PROCEDURES
3.1 Equipment ent `ali rMaintenance
'.'p H Meter
'.2 Temperature Gauge
3 Chlorine and Dissolved asygen,
.2 Sample Collection Procedures
3.2.1 On -Site Measurements
etes
3.2,2 Samples Collection for Laborc t ry Analysis
3.3 Permit Limitation n Freeedences
4.0 TREATMENT PLANT OPERtiTION & ENA,1 CE
4.1 General
4.2 GreaseTrap/Septic Tanks
4.3 Recirculating Sand Filter
4.4 Tablet ChlarinatorlDechlorinator
5.0 't KEEPING

Figure
TO
Site Location Map
Sample ctin
MONITORING & S PLING P
STONY GAP FISHOUSE
WASTEWA TER TREATMENT T P T
ALBEAL4BLE, NORTH CAROLINA
NPDES PE IT NO. NC0040801
Sampling Schedule
Maintenance Schedule
Appendix
OF E' S
"nuedI
LIST OF FIGU S
LIST OF TABLES
S
LIST OF PE DI ES
A NPDES Permit
Regulatory Correspondet ce

MONITORING & SAMPLING PLAN
STONY GAP FISH HOUSE
WASTEWATER TREATMENT PLANT
ALBEMARLE, NORTH CAROLINA
NPDES PERMIT NO. NC0040801
1.0 INTRODUCTION
1.1 Purpose and Scope
Resolve Environmental Services, P.A. (Resolve) has been retained by Mr. Robert
Mabry to prepare a monitoring & sampling plan for the wastewater treatment
plant at the Stony Gap Fish House. This document details the sampling
requirements for the wastewater treatment system in accordance with NPDES
Permit No. NC0040801. A copy of the permit is provided in Appendix A.
This document also provides instructions on sample collection, sampling
equipment maintenance, and treatment system maintenance.
1.2 Description of Facility
The Stony Gap Fish House is a restaurant located at 40339 Stony Gap Road in
Albemarle, North Carolina. The location of the facility is depicted on an excerpt
of an United States Geological Survey 7.5 Minute Quadrangle Topographic map
of the area in Figure 1. The restaurant operates weekly from Thursday through
Sunday. Wastewater from the facility, which includes kitchen and sanitary
wastewater, is discharged to the treatment plant.
Wastewater is first routed through two 1,500-gallon grease traps and then through
three 1,500-gallon septic tanks, connected in series. Wastewater is then directed
into a 6,400-gallon dosing tank. From the dosing tank, wastewater is distributed
through a recirculating sand filter. The wastewater then flows through a 1,000-
gallon chlorine contact chamber. The treated wastewater then travels through a
tablet dechlorinator before being discharged into an unnamed tributary of Jacob
Creek. Jacob Creek is classified as a Class C water in the Yadkin -Pee Dee River
Basin.
Monitoring & Sampling Plan 1 Szony Gap Fish House
December 4, 1997 Albemarle, North Carolina

Resolve
2.0 NPDES MONITORING REQUIREMENTS
2.1 Sampling Locations
Samples are collected from three locations, which are designated as the effluent,
upstream, and downstream samples. The effluent sample is collected directly
from the facility outfall which discharges directly into the tributary. The
upstream sample is collected from the tributary, directly upstream of the outfall;
the downstream sample is collected from the tributary, approximately 0.4 miles
downstream of the outfall. The sample locations are shown on Figure 2.
2.2 Sampling Frequencies
The sampling parameters and frequencies as dictated by the NPDES permit are
summarized below:
daily
• effluent temperature
wce per week
• effluent total residual chlorine
week
y
• upstream, downstream temperature
• upstream, downstream conductivity
• effluent, upstream, downstream dissolved oxygen
• influent or effluent flow
twice per month
• effluent BOD, 5 day, 20 C
• effluent total suspended residue
• effluent NH3 as N
• effluent pH
• effluent oil & grease
• effluent, upstream, downstream fecal coliforrn
A summary of these sampling frequencies and daily and monthly maximum limits
in accordance with the NPDES permit is provided in Table 1.
Monitoring & Sampling Plan 2 Stony Gap Fish House
December 4, 1997
Albemarle, North Carolina

Resolve
2.3 Laboratory Analyses
NCAC 2H 0.0800 (Laboratory Certification) lists specific parameters that must
be analyzed by a North Carolina certified laboratory. The parameters at the
Stony Gap Fish House include conductivity, BOD, total suspended residue, N113
as N, fecal coliform, and oil & grease. Measurements for total residual chlorine
and pH are also required; however, the Stony Gap Fish House has requested an
exemption for certification for these parameters,
2.4 On -Site Sampling/Measurements
North Carolina Administrative Code (NCAC) 2H 0.0800 (Laboratory
Certification), allows for a maximum of three parameters to be measured without
certification. The Stony Gap Fish House has requested that pH and the total
residual chlorine be exempted from certification. Therefore, these parameters are
measured at the facility by a trained employee of the Stony Gap Fish House.
Documentation for this exemption is provided in Appendix B.
2.5 Reporting
in accordance with Section D (2) of the Permit, monitoring results shall be
summarized monthly on a Discharge Monitoring Report (DMR) Form and shall
be submitted within 30 days to:
Division of Water Quality
Water Quality Section
Attn: Central Files
Post Office Box 29535
Raleigh, NC 27626-0535
In accordance with Section D (6) of the Permit, copies of the monthly reports and
analytical results shall be maintained at the facility for a minimum of three years.
Monitoring & Sampling Plan 3 Stony Gap Fish House
December 4, 1997 Albemarle, North Carolina

Resolve
3.0 SAMPLING PROCEDURES
3.1 Equipment Calibration and Maintenance
The on -site sampling equipment shall be calibrated in accordance with the
requirements of the Permit and the manufacturers recommendations. Records
documenting the calibrations shall be maintained in accordance with Section 5.0.
3.1.1 pH Meter
The pH meter shall be calibrated in accordance with the manufacturers
recommendations and shall be calibrated prior to each sampling event. A
minimum of two calibration points must be included in the calibration and a third
buffer must be used to verify the calibration is valid. Buffer solutions of pH 4.0,
7.0, and 10.0 shall be used to calibrate the pH meter.
Generally, the pH meter shall be calibrated using the following steps:
1. Choose the appropriate pH buffers for calibration (pH 4.0 and 7.0
if the test water tends to be acidic or pH 7.0 and 10,0 if the test
water tends to be basic).
Adjust the temperature dial to the temperature of the buffers (if
applicable) .
3. Rinse the probe with distilled water and place in the 7.0 buffer.
4. Turn the calibration screw until the teeter reads 7.0.
5. Rinse probe with distilled water and place into second calibration
buffer (4.0 or 10.0).
6. 1f meter does not read correct pH, adjust calibration or slope
screw (dependent on meter model number) until the meter reads
the correct pH.
Rinse the probe with distilled water and place into the 7.0 buffer.
The meter should read 7.0.
Rinse the probe with distilled water and place into the third
calibration buffer (whichever was not used in step 5). The meter
should read the correct solution. If not, repeat steps 3 through 8).
Monitoring & Sampling Plant Stony Gap Fish ouse
December 4, 1997
Albemarle, North Carolina

Resolve
Record the date, buffer solutions used, and slope read out (if applicable) in the
facility log book.
After calibration, pH measurements shall be collected by placing the probe into
the sample, allowing the pH shown in the meter display to stabilize, and
recording the final pH value.
3.1.2 Temperature Gauge
The temperature gauge probe shall be cleaned before each sampling event with
distilled water and a clean towel. Additionally, as required by NCAC 0.0800
(a)(7)(0), the thermometer shall be checked against a National Institute of
Standards and Technology (NIST) traceable thermometer annually and corrected
or replaced as necessary. The annual check shall be recorded in the facility log
book.
The temperature of a sample shall be collected by inserting the temperature probe
into the sample. Allow the gauge sufficient time to stabilize, and record the
temperature,
3.1.3 Chlorine and Dissolved Oxygen Meters
The chlorine meter shall be calibrated in accordance with the manufacturers
recommendations. The dissolved oxygen meter shall be calibrated annually by
a North Carolina certified laboratory in accordance with NCAC 0.0800.
Sample measurements shall be obtained in accordance with the manufacturers
recommended procedures.
3.2 Sample Collection Procedures
3.2.1 On -Site Measurements
Samples collected for on -site measurements (temperature, pH, dissolved oxygen,
and residual chlorine) shall be collected in a clean, glass jar, which has been
dedicated for sampling purposes or in a new laboratory -supplied container. If a
dedicated glass jar is used, the jar shall be prepared before each sampling event
by first rinsing with distilled water, thoroughly cleaning using a non -phosphate
soap, and rinsing with distilled water. Between sampling locations, the jar shall
be rinsed with distilled water. After preparing the sample jar, samples shall be
collected using the following procedures:
Monitoring & Sampling Plan 5 Stony Gap Fish House
Decenther 4, 1997
Album:14e, North Carolina

Resolve
effluent sample
Hold sample jar beneath the discharge pipe and allow effluent
stream to fill the jar.
Collect measurements with the instruments as discussed in Section
3,1 and record the results and the date and time the sample was
collected.
Empty sample into the creek and rinse the jar with distilled water.
4. If there is no effluent stream, indicate so by recording NF (no
flow) in the field book and/or DMR.
upstream and downstream sample
flowrate
Dip the sample jar into the stream at the designated location and
collect an amount of water sufficient for measuring the desired
parameters.
Collect measurements with the instruments as discussed in Section
3.1 and record the results and the date and time the sample was
collected.
Empty sample into the creek and rinse the jar with distilled water.
If the creek is dry or there is not sufficient water for sample
collection, indicate so by recording NF (no flow) in the field book.
and/or DMR.
The flowrate shall be measured either at the influent or effluent
sampling location..
2. Influent flowrate shall be measured by reading the flowmeter
located at the system influent and counting the number of gallons
passing into the system within a one minute period. The flowrate
shall be converted to million gallons per day and recorded in the
field book and DMR.
Monitoring & Sampling Plan
December 4,, 1997
6 Stony Gap Fish House
�Sfl emarle, North Carolina

Resolve
Effluent flowrate shall be measured by counting the time needed
to collect a known quantity of water (i.e., a one- or five -gallon
bucket). The flowrate shall be converted to million gallons per
day and recorded in the field book and DMR.
3.2.2 Samples Collected for Laboratory Analysis
Samples collected for off -site analysis by a certified laboratory including
conductivity, BOD, total suspended residue, NH3 as N, oil & grease, and fecal
coliform shall be collected into the sample containers provided by the analytical
laboratory. Samples shall be collected using the following procedures:
effluent sample
Hold sample container(s) beneath the discharge pipe and allow
effluent stream to fill the container(s).
Record the sample date and time in the field book and on the
chain -of -custody form.
Store the sample container(s) in an iced cooler mai
degrees Celsius for transport to the laboratory.
n
d at 4
if there is no effluent stream, indicate so by recording NF (no
flow) in the field book and/or DMR.
upstream and downstream sample
Dip the sample container(s) into the stream at the designated
location and collect an amount of water sufficient for the desired
parameters. If the sample container contains a preservative,
collect the sample by dipping a non -preserved, clean, glass jar
provided by the laboratory and pouring the water into the sample
container.
2. Record the sample date and time in the field book and on the
chain -of -custody form.
Store the sample container(s) in an iced cooler maintained at 4
degrees Celsius for transport to the laboratory.
Monitoring & Sampling Plan 7 Stony Gap Fish House
December 4, 1997 Albemarle, North Carolina

4. If the creek is dry or there is not sufficient water for sample
collection, indicate so by recording NF (no flow) in the field book
and/or DMR.
The samples shall be maintained at 4 degrees Celsius during storage and transport
to the analytical laboratory. All sample shipments shall be accompanied by a
chain -of -custody form, which includes the sample identifications, the date and.
time of collection, the person who collected the sample, the analytical laboratory
performing the analyses and the desired analytical methods.
3.3 Permit Limitation Exceedences
If an on -site measurement or results from the analytical laboratory indicate that
a daily maximum limit has been exceeded, the DENR, Mooresville Regional
Office, Water Quality Section, shall be notified by telephone within 24-hours.
The notifier shall explain the exceedence and discuss potential causes with the
DENR contact person, and shall verify any additional action desired by the
DENR, such as a written report.
Additionally, upon completion of the DMR and prior to submission to the DENR,
the form shall be inspected to verify that no exceedences have occurred. If it is
noted that an exceedence has occurred during the monitoring period, the DENR,
Mooresville Regional Office, Water Quality Section, shall be notified by
telephone and a written explanation including potential causes of the exceedence
and documentation of the telephone call to the MRO shall accompany the DMR.
onitori"ng & Sampling Plan
Resolve
Stony Gap Fish House
rtnarle, North Carolina
December 4, 1997

Resolve
4.0 TREATMENT PLANT OPERATION & MAINTENANCE
4.1 General
Section C.(2) of the Permit requires that the wastewater treatment system be
properly operated and maintained, This provision includes that a certified
wastewater treatment plant operator in responsible charge (ORC) oversee the
operation of the system. Recommended maintenance procedures and a schedule
for the individual treatment system components are provided below.
4.2 Grease Trap/Septic Tanks
The grease trap and septic tanks shall be inspected on a weekly basis for the
accumulation of solids. When it appears the tanks have reached at least 90%
capacity, the solids shall be removed by a licensed hauler. Records documenting
the removal and disposal shall be maintained at the facility for a period of at least
5 years.
After each removal, the inside of the tanks shall be visually inspected as feasibly
possible, for potential leaks, cracking, and any other indication of failure. if
cracking or another indication of failure is observed, the tank(s) shall be repaired
or replaced immediately. Additionally, the DENR MRO shall be notified of the
tank failure and any repair/replacement made by telephone and written
correspondence.
4.3 Recirculating Sand Filter
The sand filter bed shall be inspected on a monthly basis for settling and wash -out
of the sand particles, and for overgrown vegetation within and surrounding the
filter bed. The PVC distribution piping should always have at least six -inches of
gravel cover over the sand bed and sand shall be replaced as needed. Overgrown
vegetation shall be cut back as necessary to maintain a clear path around the filter
bed. Any vegetation within the filter bed shall be removed immediately.
The concrete block frame holding the sand bed shall be inspected on a monthly
basis for cracking and other potential short-circuiting. Cracks and other failures
shall be repaired as they are observed. Any repairs to the sand filter bed shall
be documented and maintained in accordance with Section 5.0.
Monitoring & Sampling Plan 9 Stony Gap Fish House
December 4, 1997 Albemarle, North Carolina

4.4 Tabkt ChlorinatoriDeehlorinator
The tablet chlorinator and tablet dechlorinator shall he inspected on a monthly
basis for proper operation and for replacement of tablets as needed, Additionally,
both shall be inspected upon receipt of analytical results that indicate improper
operation (ie, high chlorine results, etc)
During inspection, the ORC shall inspect the piping to ensure that no short
circuiting is occurring within the basins. Documentation of tablet replacement,
repairs to the chlorinator, and repairs to the dechlorinator shall be maintained in
accordance with Section
Monitoring & Sampling Plan
December 4, 1997
10
esolve
Stony Gap Fish House
Albemarle, Nati!? Carolina

5.0 RECORDICEEPING
5.1 Sewage Transport and Disposal
In accordance with Section D (6) of the Permit, all records pertaining to the
transport and disposal of solids ae utn laced in the septic tanks and grease trap
shall be maintained at the facility for a period of at least 5 years. The- records
shall be made available to an inspector upon visiting the facility.
5.2 Facility MonitoringRecords
In accordance with Section D (6) of the Permit, all records pertaining to the
monitoring of the treatment system, including equipment calibration and
maintenance, treatment system maintenance records, monitoring results, and
regulatory correspondence shall be maintained at the facility for a period of at
least 3 years.
caring & S nplin Plan
December 4, 1997
Stony Gap Fish House
t l , %`lards Carolina

P _ 4A LE G' 1ADRANCLE
CAROLINA - STANLY COUNTY
UTE SERIES `TOPO,rAPHCS)
STONY GAP FISH HOUSE
MONITORING & SAMPLING PLAN
ALBEMARLE, NORTI1 CAROLINA
FIGURE 1.
SITE LOCATION MAP
RESOLVE
ENVIRONMENTAL
SERVICES, P.A.
IMONRDE, NOR011NA

JENT SAMPLE
DOWNSTREAM AMPLE
BEMARLE QUAD RAN%
CAROLINA - S Li COUNTY
NUTE SEES «OGRAPHcd
STONY GAP FISH HOUSE
MONITORING & SAMPLING PLAN
ALBEMARLE,. NORTH CAROLINA
FIGURE 2.
PLE LOCATIONS
RESOLVE
ENVWONKENTAL
SERVICES, P.A.
NGd R
m

Table 1
NPDES Permit No. NC0040801
Stony Gap Fish House
Sampling Schedule
eek
Temperature
Total .Resi.dual
Chlorine
Temperature.
Conductivity
Ived Oxygen
Flow
B(D, 5 day, 20 deg C
Total Suspended
Residue
NH ac N
Fecal Coliform
Oil R. Grease
X
28.0 ug/l 28.0 ug/1
> 6,0 ntg/1 > 6.0 mg/1
18.0 mg/1 31.5 mg/1
45.0 rng/i 45,0 tng/I
6-8SU 6-8SU
400/100 ml 4tlai/100 ml
60.0 tng/I 60.0 mg/1
0.004 MGD
12,0 mg/1
30.,0 mg/I
4.0 mg/I
200/100 ml.
30,0 mg/1
0.004 MGD
21.0 mg/I
30,0 mg/I
8,0 rng/t
I 200/100 ml
30.0 rng/l
1 us ma]ntenance schedule has been prepared as a supplement 10 the NPDES Permit, The treatment system and associ
tite NPDES Permit.
d
equipment shall be main
ed in accordance with

Table 2
NPDES Permit No. NC0040801
Stony Gap Fish House
Monitor ing Equipment and Treatment System Maintenance Schedule
y
pti
ntt rrtn
iprttert
pH meter
emperature gauge
Calibrate pH meter before each sampling event
(twice/month).
Annually check buffer solutions against a standard
Calibrate temperature gauge against an NIST traceable
thermometer; replace/repair as needed.
Dissolve
0x
Chlorine meter
en meter
Ilave certified laboratory calibrate meter
Calibrate chlorine meter in accordance with manufacturer
recommendations,
r Trea
e
Trap/Septic Tank
Sand Filter
Chlorinator/Dechlorinator
X
x
Check trapltanks for solids accumulation - have licensed
hauler transport and dispose as needed.
After sludge removal, visually inspect trap/tanks for
potential cracking, leaks.
Inspect filter bed for sand settlement; add sated as needed
to maintain 2 ft cover over distribution piping.
Inspect filter bed and surrounding area for overgrown.
vegetation.
Inspect concrete block for cracking, leaks.
Inspect the chlorinator for proper operation and tablet
replacement.
Inspect the dechlorinator for proper operation and tablet
replacement.
a. This maintenance schedule has been ,prepared as a supplement to the NPDES Permit, The treatment system and associated rrtonitorittg equipment shall be maintained in accordance with
the NPDES Permit.

State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
A. Preston Howard, Jr,, P.E., Director
Mr. Robert Mabry
40339 Stony Gap Road
Albemarle, North Carolina 28001
February 4, 1997`t.°,',_
Subject:
FEB 6 1997
ri." WHEAT
'N ©801
ouse, Inc.
Dear l ^fr Mabry:
1 +0 3�119 -31ZZ
In accordance with your application dated September 15, 1996, we are forwarding herewith the
subject State-NPDES permit. This permit is issued pursuant to the requirements of North Carolina
General Statute 143-215.1 and the Memorandum of Agreement between North Carolina and the U. S,
Environmental Protection Agency dated December 6, 1983.
Please be aware that the expiration date for the subject permit is February 28, 1998. Also, the
Division understands that you are installing a dechlorination unit. In accordance with your conversation
with Mr. David Goodrich of my staff on February 4, 1997, please submit "as built" plans and
manufacturer's specifications. These plans and specifications must be signed and sealed by a professional
engineer registered in the state of North Carolina. and accompanied by a check for S 150.00 made payable to
"NCDEHNR,"
If any parts, measurement frequencies or sampling requirements contained in this permit are
unacceptable to you, you have the right to an adjudicatory hearing upon written request within thirty (30)
days following receipt of this letter. This request must be in the form of a written petition, conforming to
Chapter 1508 of the North Carolina General Statutes, and filed with the Office of Administrative
Hearings, Post Office Drawer 27447, Raleigh, North Carolina 27611-7447. Unless such demand is
made, this decision shall be final and binding.
Please take notice that this permit is not transferable. Part 11, E.4. addresses the requirements to
be followed in case of change in ownership or control of this discharge.
This permit does not affect the legal requirement to obtain other permits which may be required
by the Division of Water Quality or permits required by the Division of Land Resources, Coastal Area
Management Act or any other Federal or Local governmental permit that may be required, If you have
any questions concerning this perniit, pease contact Susan Robson at telephone number 919/733-5083,
ext. 551.
Sincerely,
Original Signfj By
©avid A. Goodrich
A. Preston Howard, Jr„ P,E,
cc: Central Files
Mooresville Regional Office, Water Quality Section
Facility Assessment Unit
Permits and Engineering Unit
P.O. Box 29535, Raleigh, North Carolina 27626•0535
An. Equal opportunity Atlormative Action Employer
Telephone [phone] FAX [phone]
50% recycled/ 10% post -consumer paper

APPENDIX A
NPDES Perm

e
by authorized to:
Permit No. NC0040801
S PLEMENT TO PE T COVERS
Stony Gap Fish House, Inc.
1. Continue to operate the e .istin g wastewater treatment facility consisting of a 1500 gallon grease
trap, three (3) 1500 gallon septic tanks {in series), a 3200square foot recirculating sand filter, a
6400 gallon recirculating dosing tank, and a 1000 gallon chlorine contact chamber with a tablet:
chlorinator located at Stony Gap Fish House, on NCSR 1720, southeast of Albemarle, Stanly
County (See Part III of this Permit), and
Discharge from said treatment or at the lcation;specified on the a shed map into
all
River basin,
unnamed tributary, to Jacobs Creek which is clas ed Class C waters it the Yadkin -lee Dee

A. EFFLUENT LIMITATtONS AND MONITORING REQUIREMENTS -SUMMER (APRIL 1 - OCTOBER 31)
Permit No. NC0040801
During the period beginning on the effective date of the permit and lasting until expiration, the Permiltee is authorized to discharge from outfall serial number
001. Such discharges shall be limited and monitored by the Permittee as specified below:
D 5 da 20°C
To al Sus.endecj Residue
NH3 a N
H2
Fecal Cohtorni eo e ric mean
Tolal Residual Chlorine
Tern.erafure
Tem,erature
ConducUvit
Dissolved Ox en
Oil nd Grease
2
0.004 MGD
12.0 moll
4.0 mg/I
200 / 100 ml
18 0 m /I
400 / 100 mi
ONITOFUNG ENTS
Week!'
2/Month
2/Month
2/Month
2/Month
Week
Weekl
2/Month
Instantaneous
or E
E
E
E
E
E, U, D
E
E
U, D
U D
EUD
E
Sample locations: E Effluent, 1 - Influent, U - Upstream above discharge point, D - Downstream approximately OA miles below the discharge at the
imporoved road off NCSR 1720
The pH shall not be less than 6.0 standard units nor greater than 9.0 standard units.
The minimum daily dissolved oxygen concentration in the effluent shall not be less than 6.0 mg/l.
There shall be no discharge of floating solids or visible loam in other than trace amounts.

No to
su
to identified date
lee shall include
probability of .'
ng
g a te idn
of pro
of mpli
oncornpliance,
is.
° boo
w f " ;ic ctl
r tata ntpli the ltt .
n r # l actions eat

STANDARD CQNDPART II
MONS FOR NPDEs PERMITS
ion of Water Quality.
2. D
Means the Division of Water
3.
Used herein means the North
4. Act car ,Hrt, „t,r
Dav
Dement o
n
Part 11
Page 1 of 14
onrnent, Health and. Natural Resources.
gernent Commission.
Pollution Control Act, also known as the Clean Water Act, as amended, 33 USC
a The "monthly average discharge" is defined as the total mass of all daily discharges sampled
and/or measured during a calendar month on which daily discharges are sampled
measured, divided by the number of daily discharges and
p
month. It is $� sampled and/or measured during
therefore, an arithmetic mean found by adding the weights of the such
each day of the month and then dividing�` pollutant found
reported. The limitation is identified as "Monthly sum the number of days the tests were
yAwerage"inPart Iofthe permit.
b. The "weekly average discharge" is defined as the total
and/or measured, during calendar week (Sunday of all daily discharges espied
sampled and measured, divided byy' Saturday) on which daily discharges are
during such week. the number of daily discharges sampled and/or measured
gIt is, therefore, an arithmetic mean found by adding the weights of
pollutants found each day of the week and then dividing
tests were reported. This limitation is identified as "VV a this sum a the number of days permit.
eekly Average" in Part I of the permit.
c. The " doll discharge
tale yum only one a" le he total mass (weight) of a pollutant discharged duringa
p' taken during any calendar day the weight of pollutant
calculated from it is the "maximum daily discharge." limitation is identified as "Daily
Mourn," in Part I of the permit,
d. The "average annual discharge" is defined as the total
and/or rneasured during the calendar year on which mass
daily ofall dailyrsampled pled
measured, divided by the number of daily discharges uch
year.. It is, therefore, an arithmeticmean found by sampled and/or measured during such
dea theyear adding the weights of pollutants found each
and then dividing this sum by the number of daysthe
This
limitation is defined as "Annual Average" in Part 1 of the permit.tests were reported.

Part II
Page 2 of 14
6. Conte ti
a. The "average monthly concentration," other than for fecal coliform bacteria, is the sum of the
concentrations of all daily discharges sampled and/or measured during a calendar month on
which daily discharges are sampled and measured, divided
sampled and/orduring by the number of daily discharges
p measured such month (arithmetic mean of the daily concentration
values). The daily concentration value is equal to the concentration of a composite
the case of grab samples is the arithmetic mean (weighted by flow value) all the sampsarnples
collected during that calendar day. The average monthly count for fecal coliform bacteria is
the geometric mean of the counts for samples collected during a calendar month. This
limitation is identified as "Monthly Average" under "Other Limits" in Part I of the permit.
b. "average weekly concentration," other than for fecal coliforrn bacteria, is the sum of the
concentrations of all daily discharges sampled and/or measured during a calendar week
(Sunday/Saturday) on which daily discharges are sampled and number of daily discharges sampled and/or a� duringmeasured divided t o the
daily concentration values). The daily concentration value is equal to the concentration tra on ©f a
composite sample or .in the case of grab samples is the arithmetic mean ('weighted by flow
value) of all the samples collected during that calendar day.
fecal coliforrn bacteria is theoThe average weekly count for
calendar week. This limitation geometric
as Average"unts uncle collected Limits"
a
Part I of the permit."Weekly under "Other Limits in
c. The "maximum daily concentration" is the concentration of a pollutant discharge during a
calendar day. If only one sample is taken during an calendar day pollutant calculated from it is the "Maximum Dailyyt thed concentration of
F Concentration". It is identified as "Daily
Maximum under *Other Limits" in Part I of the peraut.
d. "average average annual concentration," other than for fecal coliforrn bacteria, is the sum of the
concentration of all daily discharges sampled and/or measured during a calendar year on
which daily discharges are sampled and measured divided by the number of daily discharges
sampled and/or measured during such year (arithmetic mean of the daily concentration
values). The daily concentration value is equal to the concentration of a composite sarnple or in
the case of grab samples is the arithmetic mean (weighted by flow value) of all the samples
collected during that calendar day . The average yearly count for fecal coliform bacteria is the
geometric mean of the counts for samples collected during a calendar identified as "Annual Average" under 'Other Limits" in Part 1 of the permit. Thu limitation is
e. The. "daily average concentration" (for dissolved oxygen) is the minimum allowable amount of
dissolved oxygen required to be available in the effluent prior to discharge averaged
calendar day. If only one dissolved oxygen sample is taken over a calendarover a
considered to be the "daily average concentration" for the y the sample is
average" in the text of Part I. db'�e 1t is identified as "daily
f' The "quarterly average concentration" is the average of all samples taken over a calendar
quarter. It is identified as "Quarterly Average Limitation" in the text of Part I of the permit.
g. A calendar quarter is defined as one of the following distinct periods; January through March,
April through June, July through Sept, and October through December.

a. Flow, NOD): The flow limit to s monthly. It is determined as rri in permit is the 24 hours average flow,
calendar month. ��c mean of the total dailyflows ,averaged
recorded during the
b.
8. T
Part II
Page 3 of 14
An "instantaneous flow Wit" is a measure of flow
both the sam le and flow taken at the time of sam 1 will be representative of the total discharge, png
' when
A "continuous flow measurement" is a
measure of discharge flow from continually without interruption throughoutthe operating hours of the the
w
monitored, continually except for the i � ��' ors
infrequent continually
p n vent times when there rna be' flo shall be
maintenance activities on the flow device. y no flow or for
f
Lo�ite Sample: A composite sample shall consist of
(I) a series of grab samples collected at
equal
© � intervals over a 24 hour period of dischargeand combined proportional to the
collection, or measured at the time of individuad sample
(2) a series samples
grab
samples of
intervals equal volume collected over a 24 hour period with the time
samples determined by a preset number of gall
point. Flow measurement between sample intervals shall be detoerminedns passing the of a flow
recorder and totalizer, and the present gallon interval byluse of a flow no greater than 1/24 of the a between sample collection fixed at
(3) a single, continuous expected total daily flow at the treatment system, or
sample collected over a 24 hour
period proportional t© the rate of flow.
In accordance with (1) above, the time interval between influent
greater than once per hour, and the time grab samples shall be no
greater than once me interval between effluent grabpies shall be no
greater than 24 hper hour except at wastewater treatment
In such cases,pl systems having a detention time of
is
spaced over the 24 hour effluent grab samples may be collected at time intervals.
evenly the period which are egial in number of hours to the detention time
osystem in number of days. However, in no case may
grab samples be greater than six (6) hours nor the n Y the time interval betty
4 hour� effluent period. umber of samples less than four (4) during a
b. Grab Sample: Grab samples are individual samples exceeding I5 minutes,, the grab Barn Ie caneollected over a time not
period of
representative of the d' p betaken manually. Grab samples must be
�$e' or the receiving waters.
a
is Mean: The arithmetic mean o` any set of valu
values divided by the number of individual values.
b, Geometx is Mean; The
individual Mean: whergeometricN m� of any set of values is the Nth root of the product of the
equivalent to the anerog equal to the number of individual values. The of the arithmetic mean of the tooe geometric mean is
For purposes of calculating the geometric mean, values of zero (0) shall be considered to individual values.
(1).
be one
c. Weigh ted by Flow Value: Wet
times its nes ghterl by flow value means the sunution of each concentration
pective flow divided by the summation of the respecti flows_
tion of the individual

Part II
Page 4 of 14
311 of the Clean Water Act.
10.
Acalendar
for
is defined as the period from midnight of one day until midnight of the next day.
However,o calendar of this permit, any consecutive 24-hour period that reasonably Y
day y be used for sampling. y represents
A hazardous substance
Ysu
116
A toxic pollutant is any pollutant listed a toxic under Section 307(a)(1) of the Clean Water Act.
on
The perrnittee must comply with all condition of this
constitutes a violation of the Mean Water Act and is groundds Any rmit noncompliance
for enforcement action; for permit
pe
termination, revocation and reissuance, or modification; or denial of a permit renewal application..
The e permittee shawl comply with effluent standards or prohibitions established under section
307Act for toxic pollutants and with standards for sewage sludge use or
disposal established under section 405(d) of the Clean Water Act within the
the regulations that establish these stanndarda or prohibitions or time sewage
stud e
use or disposal, even if the permit has not yet been odified to incorporate the requirement
die
b. The (dean Water Act provides that an
civil. penalty not to exceed $25,t?fXlany Person who violates a percent condition is subject to a
violates anper day for each violation. Any person who
Y permit condition is subject to criminal penalties of $2,500 to $25 negligently
'violation, or imprisonment for not more than 1knowingly
day lof
y
violates permit conditions is subjectyear, or both. Any person who knowingly
violation, or imprisonmentoto criminal penalties of $5,000 to $50,000 per day of
for not more than 3 years, or both. Also, any
permit condition may be assessed an administrativeyexceed person who violates a
with the maximum amount not to exceed $125,000. [ not to 9of thep0 per violation
Act3
US.C. 1319 and 40 CFR 122.41 (a)): Section Federal. 33
c. Under state law, a civil penalty of not more than ten thousand dollars ($10
violation
may be assessed against any person who violates or fails to act in accordance terms,
conditions, or requirements of a permit. (Ref: North Carolina Genera/ Statutes § 143-215.6A)
d. Any person may be assessed, an adrninistrative�
section 301, 3C12, 3(36, 3t)7, 3i18, 31$, or 405 of �PenaltY by the Administrator for violating
implementing any of such sections in apermit� or any permit condition or limitation
Adm:irustrative penalties for Class I violations are n�to ex under section per violation, of the Act.
the maximum amount of arty Class I penalty assessed not to exceed $10,000 with
II violations are not to exceed $10,000 per day for each dayd�ur5,gpp. Penalties for Gass
continues, with the maximum amount of any which the violation
Class II penalty not to exceed $125,i130.

4.
The permittee shall all rei
disposal in violation of this
human health or the environment.
Pan fl
Page 5 of 14
e steps to minimize or prevent arty discharge or sludge use or
which has a reasonable .likelihood of adversely affecting
Except as prvvicied iri permit conditions on
C-7), nothing in this permit shall be Construed elievethe p rrart II, ni and Power Failures" (Part Ii
liabilities, or penalties for noncompliance pursuant to NCGS 143-215.3, 143-215.6 or Section r
permit -tee from any responsibilities,
the Federal Act, 33 USC 1319. F n 309 of
ch asd fish kills, even though there, per ttee is responsible for consequential damages,
sseed.responsibility for effective compliance may be temporarily
Nothing in this permit shall be construed to preclude the institution of an Ie
the permittee froth any responsibilities, liabilities or Y gal action or may
be subject to under NCGS 143-215.75 et p�salties to which the perzruttee is or may
bersuermore, the s 1. or Section 311 of the Federal Act, 33 USG 1321.
thoughFperrnittee is responsible for co
the responsibility for effective compliance may temporarily sanded fish kills, even
"'e issisance of this permit does not convey
or any exclusive privileges, nor does it authorizeproperty ngtotin either real ty
personal rights, nor anyinfringement any )usy to private property Q�r�I r any invasion
Perf
gement of Federal, State or local laws or regulations.
6.
This
ot
structures permit does net or the authorizeunor ertak prove the construction of any onshore or offshore
g of any work in any navigable waters. physical
The provisions of this pertrut are severable, and if any
of any provision of this permit to any Provision of this permit, or the application
provision to other eucurrutances, and te circumstances, is held, invalid, the application of such
remainder of this permit, shall not be affected thereby.
The permitt,ee shall furnish to the Permit Issuing Authority,
information which the Permit Issuing Authoritymay within a_ heahonable time, any
modifying, revoking and reissuing, or t request to determine whether cause exists for
modifying,
The pokingee d rei also terminating this permit or to determine compliance with this
records furnish to the Permit issuing Authorityu
required to be kept by this permit. Pon rest, copies of
R
If the perrruttee
this permit, the
o continue an activity regulated by this
permit ttee must apply for and obtaiobtaina new permit
after the �iration date of

10.
Part II
Page6of 14
The pertni ee is not .authorized to discharge after the expiration date. Ln order to receive
automatic authorization discharge beyond the
information, forms and fees expiration date,the e
as are required by the agency authorized � tbee shall o later
such
180 days prior to the expiration date. Any permittee that has not requested renewal ra later than
days prior to expiration, or any p� that does not have a at least 180s
not requested renewal at least 180 days prior to expiration,per/nit subject after the expiration and has
procedures as provided in NCGS 143-215.6 and 33UC 1251 the permrttee to enforcement
q.
� *mil '•;7Yay'�S
All applications, reports, or information submitted to the Permit win
and certified.g Authority shall be signed
a. All permit applications shill be
o ows:
(1) For a corporation: by a responsible corporate officer. For responsible corporate officer means; (a) a president,purpose of'thi Section,sida
t
of the corporation in charge of a principal business function,-
o���other pe president
performs similar policy or decision Y personoper
of one or more making unctions for the corporation, or (b) the manager
persons omanufacturing production or operating facilities employing
1 er dollars). having authority annual sales or e c endiexceeding 25 p ni( m4 than 250
sign documents has million (in the quarter
in accordance with corporate procedures,' assigned or delegated to the manager
(2) For a partnership or sole ro rieLonhi
respectively; or p p p by a general partner or the proprietor,
(3) For a municipality, State. Federal, or other
Public agency by either a principal executive
officer or ranking elected official.
b. All reports required bythe
Authori permit and other information requested by the Permit Issuing
ty shall be signed by a person described above or
that person. A person is a duly authorized representative nlduly fauti�or representative of
(1) The authorization is made in writing
(2) The authorization � a person described above;
overall o specified either an individual or a position having Aeration of the regulated facili or responsibility for the
manager, operator of a well or well field, superintendent, �� as the position of plant
resPothty, or an individual or Petendent, a position of equivalent
matters for the cvm position having overall responsibility for environmental
company. (A duly authorized representative may thus be either a named
individual or any individual occupyinga named(3) The written authorization is submithe Pposition.); and
ty.
ermit Issuirt,g
c Certification. Any person
make the follo signing a document under paragraphs a. or b. of this section shall
►+Wing +eerti6cativn:
certify, under penalty of law, that this document and all attachments
my direction or supervision in accordance with a were preparedhat under
personnel properly gather and evaluate the information Based oigned to n that
qualified
the
person or persons who manage the system, or those persons directlymy inquiry of the
the information, the information submitted is, to the best of my responsible dgeible for gathering
accurate, and complete. I am aware that there are significant knowledge and true,
information, including the tyfines and imprisonment
penalties for submitting lats.false possthili of imPrisorurtie�nt for knowing violations.

Pan 111
Page 7 of 14
12. 12emitActszna
This permit may be modified, revoked and reissued, or terminated for cause. The filing of a request
by the pennittee for a permit modification, revocation and reissuance, or termination, or a
notification of planned changes or anticipated noncompliance does not stay any permit condition.
13. P
14.
na in
The issuance of this permit does not prohibit the permit issuing authority from reopening and
modifying the permit, revoking and reissuing the permit, or terminating the permit as allowed by
the laws, rules, and regulations contained in Title 40, Code of Federal Regulations, Parts 122 and
Carolina General Statute 143-215.1 et. al.
123; Title 15A of the North Carolina Administrative Code, Subchapter 2H .0100; and North
All previous National Pollutant EAscharge Elimination System Permits issued to this facility,
whether for operation or discharge, are hereby revoked by issuance of this permit. [The exclusive
authority to operate this facility arises under this permit. The authority to operate the facility
under previously issued permits bearing this number is no longer effective. 1 The conditions,
requirements, terms, and provisions of this permit authorizing dic.hrge under the National
Pollutant Discharge Elimination System govern discharges from this facility.
111
Pursuant to Chapter 90A-44 of North Carolina GeneralStatutes, and upon classification of the
facility by the Certification Corranission, the permittee shall ernploy a certified wastewater
treatment plant operator in responsible charge (ORO of the wastewater treatment facilities. Such
operator must hold a certification of the grade equivalent to or greater than the classification
assigned to the wastewater treatment facilities by the Certification Commission. The permittee
must also ernploy a certified back-up operator of the appropriate type and any grade to comply
with the conditions of Title 15A, Chapter 8A .0202. The ORC of the facility must visit each Class 1
facility at least weekly and each Oass 11, III, and IV facility at least daily, excluding weekends
and holidays, and must properly manage and document daily operation and maintenance of the
facility and must comply with all other conditions of Title 15A, Chapter 8A .0202. Once the
facility is classified the perrnittee shall submit a letter to the Certification Commission which
designates the operator in responsible charge within thirty days after the wastewater treatment
facilities are 50% complete.
The permittee shall at all times properly operate and maintain all facilities and systems of
treatment and control (and related appurtenences) which are installed or used by the permittee to
achieve compliance with the conditions of this permit. Proper operation and maintenance also
includes adequate laboratory controls and appropriate quality assurance procedures. This provision
requires the operation of back-up or auxiliary facilities or similar systems which are installed by a
pertnittee only when the operation is necessary to achieve compliance with the conditions of the
permit.

Part II
Page 8ofI4
It shall not be a defense for a permit a in an er ort
to halt or reduce the permitted activity Ina order to
permit.
a. Definitions
(1) "Bypass" means the known otve for of waste streamsfacilitycollection frorra any portion of a treatment
mode for the facility." which not a designed or established or operating
(2)"Severe property
damagewhich"means causes the ntial physical darnage to property,or
an�pnege to �nt
resources which can reasonably be expected to occur in the absence of a
production.
bypass. Severe property damage does not mean economic loss caused by deli s in
Y
b. Bypass not exceeding limitations.
The perrmittee may allow any bypass to occur which does not cause effluent limitations to be
exceeded, but only if it also is for essential
bypasses are not subject to the provisions of Paragraphs maintenance assure © efficient his r operation, These
c. Notice
action that it would have been necessary
iin compliance with the condition of this
(1) Anticipated .bypass. If the
submit prior notice, p�vttee 'ws in advance of the need for a bypass,
possnble at least ten days before the date of the it shalln
evaluation of the anticipated qualityand bypass; including an
(2) Unanticipated affect of the bypassrequired . The permittee aha]1 submit notice of an unanticipated bypass as
in fart II, E. 5. ,of this permit. (24 hour notice).
d. Prohibition of Bypass
(I) Bypass is prohibited and the Permit i ss inag Authority may
r bypass, unless;
action against
(A) Bypass was unavoidable to prevent loss of 'life, persons T' or ro
F Perty
(B) There were no feasible alternatives to the
facilities, retention of untreated bypass, such as the use of auxiliary fitment
equipment downtime ted wastes or maintenance during normal periods of
This t ndition is not satisfied if adequate backup equipment should
have been installed in the exerdse of reasonable
which occurred ding normaljudgment prevent a bypass
and periods of equipment downtime or preventive maintenance;
t The permitteee submitted notices as required under Paragraph c. of this section.
(2) The Permit Issuing Authority may approve an antici
pated bypass, after adverse affects, if the Permit Issuing Authority determines that it will meeetithe h itsconditions listed above in Paragraph d. (1) of this section. three

b. Effect of an upset.
Pan 11
Page 9 of 14
inition..
"Upset " means an exceptional incident in which there is uraanterltivnai and temporary
n°ncampiianc,e with technology based permit effluent Limitations because
reasonable control of the of factors beyond
aused by permittee. An upset does not include noncompliance the
catal operational p raven ve error, improperly designed treatment facilities, inadequate the
tent
maintenance, or careless or improper operation. trnent
An upset constitutes an affirmative defense to an action brow
technology based permit effluent limitations if the requirements of paragraph for awith such condition are met. Na determination made during
e review fc. of this
noncompliance was caused by upset, and before an a h©nttforvnoncompliance, claims nt administrative action subject to judicial review. is
c. Conditions for a demon
stration nstraks"on of upset,
A perrnittee who wishes to establish the affirmative defense of upset shall demo
through prepay signed, contemporaneous operating logs, or other relevant evidence that
(1) An upset occurred and that the
(2) The perniittee facility was at � bn identify the' cause(s)te; and of the upset;.
(3) The pennittee submitted notice of the u g properly operated;
(4) The permittee complied with anyP as required 'in Part ti E. 6. (b) (B) of this p� permit. remedial measures required under Part II, B. 2.
d. Burden of proof.
In any enfoteement
the burden o proof. proceeding the perrruttee seeking to establish the ocrcnrrer ..�
Solids, sludges, filter backwash, or other
wastewaters shall be b pollutants removed in the course of tr�ea
tmenkilzzed/disposed of in accordance with NCGS 143-215.1 and ' t oa control suchof
er
as to prevent any pollutant from such
as waters nUnited States. The materials from entering waters of the State v�vigab e
governing permittee shall comply with all existingfederal re
bythe Permit
of sewage sludge. Upon promulgation nit issued
ed
rmit IssuingAuthority trlization dipo al of CFR Part may
beey peanut d d
modified, or revoked for the u . "
/dis sal sludge rr�areopened
modifi d, ell oke and
hued, to corporate applicable g y rea ned T and
comply with applicable 40 CFR erequirements at 40 Use a. Part po The
Sewage Sludge (when promulgated) within the `� 503 Standards for the and Disposal of
isnot to incorporate to the hire t provided in the
hrequirement The regulation, even if the peuthg
Authority of any significant change in its sludgepposal pr shall notify the Permit Lssuing
use or disposal. practices
7. Power `
The perrnittee is respC«nsibe for rosin
Title 15A, North rsiAdministrative
adequate safeguards as required by Dal Regulation,
discharge N untreated Carolinaor inadequately
Code, Subchapter 2H, .0124 Reliability,
treated wastes duringtwer fa failures
prevent tby
means of alternate power sources, standby generators or retenton of inadequately �treated effluent

Part EI
Page 10of 14
Samples rneasurernents taken, as required herein, shall be chars do of the
volume and nature of the permitted discharge. Samples collected at a frequency
shall be taken on a day and time that is characteristic of the dischargeless than daily
which the sample represents. Ali samples shall be taken at the monitoring over the snore period
permit and, unless otherwise points specified in this
specified, before the effluent pins or is diluted by any other
wastestream, body of water, or substance. Monitoring points shall not be changed without
notification to and the approval of the Permit Issuing Authority.
2:
Monitoring results obtained during the previous month(s) shall be sununarized
reported on a monthly Discharge Monitoringfor ea
EM No. MR
alternative forms approved by the Directr, Report (poste Form � later than
following the completed reporting plod.
The first DMR is due on the last day of the month following the issuanor o f th
of a new
facility, on the last day of the month following the comnwnc
Duplicatesigned copies of these, and all other reports required herein, shall
following address:
Division of Water Quality
Water Quality Section
AT TJON. Central Files
Post Office Box 29535
Raleigh, North Carolina 27626-0535
altadeagaziranti
Appropriate flow mea t devices and
shah] be selected and sir estes is ronsast t nth a�pterl scientific practices
used to ensure the accuracy reliabilsy of measurements of the volume of
monitored discharges. The devices shall be installed, calibrated and accuracy of the measurements are consistent with the acceptedmaintained of that ensure that the
Devices selected capability type of device.
from the edischarge be capable of r uring flows with a maximum deviation of less than + 10%
rates throughout the range of expected discharge volumes Or -through
condenser cooling water flow which is monitored by pump logs, or pump hour meters as
specified in
requnPartI ofathis permit and based on the rnanufacurer,a pump curves shall not be subject this
4. Test Prnmkt,ttz
Test procedures for the analysis of pollutants shall conform to the EMC regulations published
pursuant to NCGS 143-215.63 et. seq, the Water and Air Quality
Amended,pursuantns
published to Section 304(g), 33 USC 1314, of the Federal Reporting P llution Control Act,, and to as
Regulation 40 CFR 136; or in the r 4 CO of sludge use or disposal, aoved under 40
CFR 136, unless otherwise specified in 40 CFR 503, unless other test procedures ha a been specified
in this permit..
To meet the intent of ire minimum detection and reraortitoring required by this permit, au teat procedures must produce
porting levels that are below the permit discharge
data generated must be r requirements and all
sport down to the minimum detection or lower reporting level of the
procedure. If no approved methods are determined capable of achieving minimum detection and
ch month and
1, 1.1, 2, 3) or
the 30th day
or in the case
f discharge.
rnitted to the

Para
Page i o 14
'' eart ri ater Act provides that any pin who falsifies,
inaccurate, any monitoring device or method required to be main w th or knowingly rer�d�
upon conviction, be punished a � tamed under this
not more than twoe p by fine of not more than $10,0p0 per violation, or imprisonmentpermit shall,
f
Years per violation, or by both. !f a conviction of a for
committed after a first conviction of suchperson is for a violation
more than $20,000 per day of violation, orperson
under this paragraph, punishment is a fine of not
by p irunQnt of not more than 4 years, or both.
6. Rt rds Reter,t .,
Except for records of monitoring information required by this
sewage sludge use and disposal activities, which shall be retainedfor ateci to the �ttfives
years(or longer as required by 9©t 5C13), the period of at least five
information, including all calibration and maintenance records and retain rll original
n of all monitoringrpt
recordings for continuous monitoring instrumentation, copies of all reportsstrip e,
for a period of at least 3 years from the date of the sarn le, meas na wired bythis permit,
This period may be extended by request of the p ant, report or application.
Director at any time,
7. Rena;,
For each measurement or sample taken pursuant to the requiemenis o
shall record the following information
a. The date, exact place, and time of sampling or measurements;
b. The individual(s) who performed the
c. The dates) analyse who were
ormed sampling or measurements;
d. The individual(s)
e. The analytical
performed the analyses;
Y techniques or methods used; and
f. The results of such analyses.
The pe mittee sa or an authorized re authorizedn
cdontractor acting representative of the Director), upon the presentation oflcredenuding tials and otter
tents as rrta
required fry law, to;.
a. Enter upon the pen ittee's premises where a re
conducted, or where records must be kept under the con
b. Have access to and co
of this copy, a t reasonable tunes, any records that must be kept
permit;
C. Inspect at reasonable times any facilities, equipment (including monitoring and control
equipment), practices, or operations regulated or required under this permit; and
d. Sample or monitor at reasonable times, for the
otherw a authorized by the Mean Water Act, any purposesof assuring perrrut or 25
Y tams or parameters at any location.

Part II
Page 12 of 14
of that au
authorized herein shall be consistent
of any pollutant identified in #his permit more
shall constitute a violation of the permit.
and condxtions of this permit.
by than or at a level in excess
2.
The per"mitte+e shall give notice to the Director as soon as
possible of any planned physical
alterations or additions to the
permitted facility. Notice is required only when;,
a The alteration or addition to a permitted facility may meet one of the criteria for determinin
whether a facility is a new source in 40 GI Part 122.29 (b); or
b. The alteration or addition could si
pollutants gently change the natro� or increase the quantity of
discharged. This notification applies to pollutants which are subject neither to
effluent ,limitations in the permit, nor to notification requirements under 40 CFR Part 122.42 (a)
(1).
The alteration or addition its an a significant than
disposal practices, and such alternat n, addition car See j the ustifttee's sludge use or
permit conditions that are different from or absent in threhangexistmay ustify the application of
of additional use or disposal sites not reported duringpermit, including process
or of
Teported pursuant to an approved land application ln. permit application procc,s or not
The peirnittee
facility or activi
e advance notice to the
y result in noncornp
4.
This permit is not transferable to any person
require modification or revocation and except after notice 1bo tlae liar. � ��.tor
1equ cements as may besuance
tthe permittee and incorporate such o
�' under the Clean Watt er Act.
5. MOnittinajzzuu
Monitoring results shall be reported at the intervals specified elsew
a . Monitoring results .must be reported on a
of this permit) or forms provided by the Director reportiMonitg reng Report (DMR)o(
or disposal practices. results of iruanitorin
Part IL D. 2
if sludge use
b. P the peter monitors any.pollutant more frequently than required by
procedures specified in Part 11, D. 4. of this permit or in the case it, using case of sludge use or disposset,
approvedunder 40 CFR 5Ck3, or asincluded inthe calculation and specified in this permit, the results of this monitoring shall be
reporting of the data submitted in the DMR.
c. Calculations for all limitations which unless otherwise specified
arithmetic mean unless averaging of measurements shall utilize an
p�fied by the Director in the permit.

P1
Page
The perrnittee�� report to the central office or the appropriate re `
onalnoncompliance which may endanger tt
provided orally within 24 hours from
or the enviro information
office one
rur�ent. Any information shall e
A written submission shall also me the perrnittee became aware of the
permittee becomes aware of the circumstances.be provided within 5 days of the tune the
description of the noncompliance, andits � the The written submission shall contain a
dates. and times, and if the noncomlsan period of noncompliance, including exams to continue; and ste s P . ce has not been corrected, the anticipated time it is
of the noncompliance.expected p taken or planned to reduce, eliminate, and prevent reoccurred
b. The following shall be included as '
this paragraph: tnf©rmation which must be reported within 24 hours under
(1) Any unanticipated bypass v,,lich exc any effluent limitation in the
Any
upset which exceeds any effluent limitation in the
permit.
(3) Violation of a maxi
4
dail
nectar in the pDiermit be y repo rt imited ation
24 t u sfor any of the pollutants listed by the
The Director may waive the written report on a
bcase-by-case basis for hours.
under
conditionb. above of this if the or
report has been received within 24 hours.
nccan�vUan
The permittee ball rep
this permit a t the ti a
listed in Part Il. E. 6. of
s
otno
rnpiiance not re;
bmi tted. The re
ph
der Part ,1I. E. 5 and 6. of
1 contain the information
Where the pertnittee becomes aware that it failed to submit anyrelevant
application, or submitted incorrect information in a Pout application or in any report to
Victor, it shall promptly submit such facts or information.
facts in a pelt
the rmation.
The perrnittee s,;,ll �-'port by telephone to either the
office ofit lean as scrt as central office or the appropriate
day a of the possible, but in no case more hregional
following the occurrence e or first knowledge than 24 hours or on thng next working
ge of the occurrence ©f any of the following:
a. Any occurrence at the water pollution control facility of
significant amounts of wastes which which results in the discharge
dumping of the untcontents of a sludge are abnormal in quantity or characteristic, such ads the
; or any other unusual c digcu $e of a slug of hazardous substance
through the facility
b. Any process unit failure, due to
adequate wastewater known or unknown reasons, that render the facility incapable of
trnent such as mechanical or electrical failures of pumps, aerators,
compressors, etc.
c. Any failure of a pumping
directly F p g station, sewer line, or treatment facility
receiving waters without treatment of all or any resulting u a to such
station or facility. portion of the influent such

Persons reporting
5 days following first knowl
Part II
Page 14 of 14
of the telephone shall also file a written repast in letter form withi
Except for data determined to be confidential under NCGS 143-215.3(a)(2) or
pubFederal Act, 33 USC 1318, all reports prepared in accordance with the terms shall
public ir�,yat won 3Q8 of tfie
chnl noteect be considered othe offices f the entivisioln of o Water Quali be Act, available for
�'' any required by the. Act, effluent
report may result in the imposition of criminal Knowingly making false statement on any such
in Section 309 of the Federal Act.penalties as provided for in NCGS 143-
-1(b)(2) or
1' alti firFI;fi
n fR
The Clean Waterr Act provides that an
representation, certification in y person who knowingly makes any false statement
any record or other document submitted or r
noncom , including reports of monitoring reports or o,mplila to be
maintained under this permit
pliance shall, upon conviction, be punished by a fine of not more coplianaor
or' by imprisonment for not more than two years per violation, or by both -
rhos, $]D,OgO per violation,

PART in
REQUIRE
No construction , .ewater capacity or or to change the tinent facilities or additions to add to
Plate and $p�ange „eveof press utilized at the trey
and Authorization to C© been submitted to the Division of treatment hall
Construct has been iss�red,Quality
uc
The permi ttee sh
teen notice
y be requi det
dwater sic
Authari
tie plant's treatment
be begun until Final
nd written approval
vision of Water
Quality, corcci
pence of this NIxDES permitted
•J n as it d1ws
.That any activity has occurred or will
went basis, of any toxic the hipollutanto wh which would result in the d'
exceed ,permit, if tha discharge
rout,
which is not limited in the o~te on a highest of the following "notification
(1) One hur dred microgram per liter OW ug/1);
(2)Two hundred
micrograms
micrograms per liter (200 ug/l) "gam per t literug/l) for 2.4-dinitrophenol and for fo and a�,loruirile; five nol; and
p (1ng/1) for antirrx>ny, and for 2-methyl �.b dinitr© !�
(3) Five p E'noi; and
(5) times the maximum concentration value reported
application.
fo
b. That any activity has occurTed or will occur which would r
infrequent basis, of a toxic pollutantsesult in
exceed the highest of the following "not i ti nllenvelslimited Ln the u o discharge will
() Five hundred
micrograms per liter (500 ug/1);
(2) One milli
gram per liter a/I) for antimony;
(3) Ter,, (IQ) times the maximum 'concentration value e reported for that
continually evaluate all wastewater disposal
sutarotial non-compliance alternative ofposai alternatives.pursue the
the reasonablyealternatives.
and
regulations or laws, the with the t cost offfenive alternatives„ or the facility most
p terms and conditions the NPD is in.
Division evaluating laws,
these, alternatives a report in such form and permit
at gnv g he
Division plan of action within s' days
o notification by the
or
n
e or
will
Mutant in the permi

APPENDIX B
Regu to CorTespondetice

yer
aboratory
05 Reedy Creek Road
Raleigh, North Carolina 27607
pert:
Stony Gap Fish H DESNo. NCB
Residual Chlorine rc ld 1e to be able t
Thank you
Robert
Stony Gap Fish House In!
40339 Stony Gap R d
b Certification fc d Total
eters,

NV
NORTH CAROLINA DEPARTMENT OF
ONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
December 3, 1998
CERTIFIED MAID.
E`URN RECEIPT REQUESTED
MR ROBERT A MARRY
STONY GAP FISH HOUSE
40339 STONY GAP ROAD
ALBEMARLE, NC 28001
Subject:
Dear Mr. Mabry:
Denial of Reissuance of NPDES Permit
Failure to Comply With Terms
Of Settlement Agreement
Stony Gap Fish House
NPDES No. NC4040801
Stanly County
This is to inform you of the Division of Water Quality's intent to deny
your request for reissuance of the subject NPDES permit.
On December 12, 1996 you entered into a Consent Agreement and
Settlement with the Division of Water Quality to resolve your failure to pay
$83,460.42 in outstanding civil penalties assessed by the Division. The
agreement, which I signed and thereby fully executed on December 18, 1996,
stipulated that the total amount of $41,730.21 would be accepted (subject to the
terms of the agreement) in settlement of the outstanding civil penalties and that
you would be allowed twelve months to tender complete payment per the terms of
a payment schedule. The agreement also called for the subject facility to be
operated in total compliance with the terms and conditions of NPDES permit
NC0044801. In return for entering into this agreement, the subject permit would
be reissued for the term of one year, with further renewal of the permit contingent
upon compliance with the terms of the agreement.
It is clear that you have not fulfilled commitments you made when you
signed the agreement. The Division has received checks drawn on the Stony Gap
Fish House, Inc. account totaling $39,763.75 which were tendered as payment
toward the settlement amount. Of that total, $16,063.75 did not clear your bank
due to insufficient funds in the account. Of the total that did not clear the bank,
$4,000.00 was made good through tendering of replacement funds in the form of
certified checks, leaving an unpaid balance of $14,030.21 against the settlement
figure. Furthermore, it is documented that the subject facility was in violation of
the terms of NPDES permit NC0040801 during the 1997 calendar year. Penalties
totaling $3,173.15 were assessed for these violations on June 18, 1998 and you
received the assessment on June 27, 1998. As of today's date, the Division has
received no response from you regarding this assessment.
P.O. BOX 29535, IRALEIGH, NORTH CAROLINA 27626-0535
PMCNE 919.733.60E13 FAX [phone]
AN EQUAL OPPORTUNITY / APPIRMATIVE ACTION EMPLOYER - 50% RECYCLE©/1 0% POST -CONSUMER PAPER.

Your application for renewal of NPDES permit NC0040801 was received on October 6,
1997. Based upon your record of noncompliance with programs overseen by the Division, the
unresolved civil penalty assessments and your failure to comply with the terms of the Consent
Agreement and Settlement, the Division is hereby notifying you of our intent to deny your
request for permit renewal. North Carolina General Statute 143-215.1(b)(4)(b) requires
applicants to satisfy the Environmental Management Commission that they have been in
substantial compliance with federal and state laws, regulations and rules governing protection of
the environment. Your record as described above shows that a ruling of "substantial
compliance" cannot be made in your case. An intent to deny your permit renewal request will be
published in. The Charlotte Observer and The Stanly Press and News. You will have 30 days
from receipt of this letter in which to comment.
On March 6, 1996, I sent you a similar letter describing much the same conditions. On
May 30, 1996, your request for renewal of the NPDES permit was formally denied. Having no
permit for the treatment and discharge of wastewater, you were forced to close your business.
Understanding the gravity of its effects, I undertook this action only after great deliberation, but
after civil penalties made no apparent impact, felt it was the only way to compel you to pay
sufficient attention to your obligations as a NPDES permittee and a steward of the environment..
Only after your business was forced to close did you approach the Division with apparent
willingness to resolve matters of controversy between our two parties. Negotiations proceeded
between you and the Division that resulted in the drafting of the Consent Agreement and
Settlement you signed on December 12, 1996. The Division bargained with you in good faith,
reminding you on several occasions that our primary concern was that we would not find
ourselves in our present situation when the agreement expired.
Please be advised that pursuant to the terms of the agreement and the General Statutes,
the Division will immediately refer the matters of all outstanding civil penalties to the Attorney
General's Office for collection,
If you have any questions, please do not hesitate to contact Ms. Susan. A. Wilson at (919)
733-5083, extension 510.
Sincerely,
cc: Enforcement Files
Mooresville Regional Office
Point Source Permits & Engineering Unit
Central Files
Attorney General's Office
Stanly County Health Department

F� INTER DUAL I T' " SECT I i TO IRO P , IWi4/ 4
10 1998
TER QUPIJTY
TOTAL P. 0i4

FROM DEM WATER Qt (L I TY SECTION TO MR0 P, [ 3/04
DINOBLIDGFICFFICE