WQCSD0694_Esmerelda Sewer Extension-WQ0016943_20220118

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
S. DANIEL SMITH
Director

NORTH CAROLINA
Environmental Quality

SENT VIA ELECTRONIC MAIL ONLY: NO HARD COPY WILL BE MAILED

January 18, 2022

Peter O’Leary, Mayor
E-mail: [e-mail]
Chimney Rock Village

Subject: Permit No. WQ0016943
Chimney Rock Village
Esmerelda Inn Sewer Extension Change of Ownership
Rutherford County

Dear Mr. O’Leary:

In accordance with your permit change of ownership request received January 7, 2022, and the additional
information received January 11, 2022 , we are forwarding herewith Permit No. WQ0016943 dated
January 14, 2022, to Chimney Rock Village (Permittee) for the continued operation of the subject
wastewater collection system extension. This permit shall be effective from the date of issuance until
rescinded, shall void Permit No. WQ0016943 issued October 30, 2006 and shall be subject to the
conditions and limitations as specified therein. This cover letter shall be considered a part of this
permit and is therefore incorporated therein by reference.

Please pay particular attention to the following conditions contained within this permit:

Condition 11.1: This permit shall not be automatically transferable; a request must be made and
approved.

Condition 11.4: Requires that the wastewater collection facilities be properly operated and maintained in
accordance with 15A NCAC 02T .0403 or any individual system -wide collection system
permit issued to the Permittee.

North Carolina Department of Environmental Quality I Division of Water Resources
Asheville Regional Office I 2090 U.S. Highway 70 I Swannanoa, North Carolina 28778
828.296.4500
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It shall be responsibility of the Permittee to ensure that the as -constructed project meets the appropriate
design criteria and rules. Failure to comply may result in penalties in accordance with North Carolina
General Statute §143-215.6A through §143-215.6C, construction of additional or replacement
wastewater collection facilities, and/or referral of the North Carolina -licensed Professional Engineer to the
licensing board.

If any parts, requirements, or limitations contained in this permit are unacceptable, you have the right to
request an adjudicatory hearing upon written request within 30 days following receipt of this permit. This
request must be in the form of a written petition, conf orming to Chapter 150B of North Carolina General
Statutes, and filed with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC
27699-6714. Unless such demands are made, this permit shall be final and binding.

If you need additional information concerning this matter, please contact Tim Heim at (828) 296 -4500 or
via e-mail at [e-mail].

Sincerely,

Director, Division of Water Resources

by Daniel Boss, Asst. Regional Supervisor
Water Quality Regional Operations Section
Asheville Regional Office
Division of Water Resources, NCDEQ

Ec: Stephan Duncan, Chimney Rock Village
Danny Searcy, Rutherford County

DocuSign Envelope ID: 6E46260C-5A6E-4525-A1D5-4A11131664E6

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NORTH CAROLINA
Environmental Quality

WASTEWATER COLLECTION SYSTEM EXTENSION PERMIT

In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina as
amended, and other applicable Laws, Rules, and Regulations, permission is hereby granted to the

Chimney Rock Village
Rutherford County

for the continued operation of approximately 4,025 linear feet of 4-inch small diameter variable grade
gravity sewer which connects to the existing 8 inch gravity collection system and conveys wastewater to
the Town of Lake Lure’s existing sewerage system, pursuant to the application received January 7, 2022,
and in conformity with 15A NCAC 02T; the Division's Gravity Sewer Minimum Design Criteria adopted
February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast -Track Permitting of
Pump Stations and Force Mains adopted June 1, 2000 as applicable; and other supporting data
subsequently filed and approved by the Department of Environmental Quality and considered a part of
this permit.

This permit shall be effective from the date of issuance until rescinded and shall be subject to the specified
conditions and limitations contained therein.

for S. Daniel Smith
Director, Division of Water Resources
By Authority of The Environmental Management Commission

Permit Number:
Permit Issued:
WQ0016943
January 14, 2022
DocuSign Envelope ID: 6E46260C-5A6E-4525-A1D5-4A11131664E6

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SUPPLEMENT TO PERMIT COVER SHEET

Chimney Rock Village is hereby authorized to:

Continue to operate the aforementioned wastewater collection extension. The sewage and wastewater
collected by this system shall be treated in the Town of Lake Lure’s Wastewater Treatment Facility in
accordance with Permit Number NC0025381.

Permitting of this project does not constitute an acceptance of any part of the project that does not meet
15A NCAC 02T; the Division's Gravity Sewer Minimum Design Criteria adopted February 12, 1996, as
applicable; and the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Stations and
Force Mains adopted June 1, 2000, as applicable, unless specifically mentioned herein.

Continued operation is contingent upon compliance with the Standard Conditions identified below.

I. SPECIAL CONDITIONS

1. This permit shall become voidable unless the agreement between Chimney Rock Village and the Town of
Lake Lure for the collection and final treatment of wastewater is in full force and effect. [15A NCAC
02T.0304(h)]

II. STANDARD CONDITIONS

1. This permit shall not be transferable. In the event there is a desire for the wastewater collection
facilities to change ownership, or there is a name change of the Permittee, a formal permit request
shall be submitted to the Division accompanied by documentation from the parties involved, and
other supporting materials as may be appropriate. The approval of this request shall be considered
on its merits and may or may not be approved. [15A NCAC 02T.0116; G.S 143-215.l(d3)]

2. This permit shall become voidable unless the wastewater collection facilities are constructed in
accordance with the conditions of this permit; 15A NCAC 02T; the Division's Gravity Sewer Minimum
Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for
the Fast-Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable; and
other supporting materials unless specifically mentioned herein. [15A NCAC 02T.0110]

3. This permit shall be effective only with respect to the nature and volume of wastes described in the
application and other supporting data. [15A NCAC 02T .0110]

4. The wastewater collection facilities shall be properly maintained and operated at all times. The
Permittee shall maintain compliance with an individual system -wide collection system permit for the
operation and maintenance of these facilities as required by 15A NCAC 02T .0403. If an individual
permit is not required, the following performance criteria shall be met:
a. The sewer system shall be effectively maintained and operated at all times to prevent discharge
to land or surface waters, and to prevent any contravention of groundwater standards or surface
water standards.
b. A map of the sewer system shall be developed and shall be actively maintained.
c. An operation and maintenance plan including pump station inspection frequency, preventative
maintenance schedule, spare parts inventory and overflow response has been developed and
implemented.
DocuSign Envelope ID: 6E46260C-5A6E-4525-A1D5-4A11131664E6

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d. Pump stations that are not connected to a telemetry system shall be inspected every day (i.e. 365
days per year). Pump stations that are connected to a telemetry system shall be inspected at
least once per week.
e. High-priority sewer lines shall be inspected at least once per every six-months and inspections are
documented.
f. A general observation of the entire sewer system shall be conducted at least once per year.
g. Overflows and bypasses shall be reported to the appropriate Division regional office in accordance
with 15A NCAC 2B .0506(a), and public notice shall be provided as required by North Carolina
General Statute §143-215.lC.
h. A Grease Control Program is in place as follows:
1. For public owned collection systems, the Grease Control Program shall include at least
biannual distribution of educational materials for both commercial and residential users and
the legal means to require grease interceptors at existing establishments. The plan shall also
include legal means for inspections of the grease i nterceptors, enforcement for violators and
the legal means to control grease entering the system from other public and private satellite
sewer systems.
2. For privately owned collection systems, the Grease Control Program shall include at least bi-
annual distribution of grease education materials to users of the collection system by the
permittee or its representative.
3. Grease education materials shall be distributed more often than required in Parts (1) and (2)
of this Subparagraph if necessary to prevent grease-related sanitary sewer overflows.
i. Right-of-ways and easements shall be maintained in the full easement width for personnel and
equipment accessibility.
j. Documentation shall be kept for Subparagraphs (a) through (i) of this Rule for a minimum of three
years with exception of the map, which shall be maintained for the life of the system.

5. The Permittee shall report by telephone to a water resources staff member at the Asheville Regional
Office, telephone number (828) 296 -4500, as soon as possible, but in no case more than 24 hours,
following the occurrence or first knowledge of the occurrence of either of the following:

a. Any process unit failure, due to known or unknown reasons, that renders the facility incapable
of adequate wastewater transport, such as mechanical or electrical failures of pumps, line
blockage or breakage, etc.; or
b. Any 550 and/or spill over 1,000 gallons; or
c. Any 550 and/or spill, regardless of volume, that reaches surface water

Voice mail messages or faxed information is permissible, but this shall not be considered as the initial
verbal report. Overflows and spills occurring outside normal business hours may also be reported to
the Division of Emergency Management at telephone number {800) 858 -0368 or {919) 733-3300.
Persons reporting any of the above occurrences shall file a spill report by completing and submitting
Part I of Form CS-55O (or the most current Division approved form) within five days following first
knowledge of the occurrence. This report must outline the actions taken or proposed to be taken to
ensure that the problem does not recur. Part II of Form CS-55O (or the most current Division approved
form) can also be completed to show that the 550 was beyond control. [G.S. 143-215.lC{al)]
DocuSign Envelope ID: 6E46260C-5A6E-4525-A1D5-4A11131664E6

6. A copy of the individual permit and construction record drawings shall be maintained on file by the
Permittee for the life of the wastewater collection facilities. [15A NCAC 02T .0116]

7. Failure to abide by the conditions and limitations contained in this permit; 15A NCAC 02T; the
Division's Gravity Sewer Design Criteria adopted February 12, 1996 as applicable; the Division's
Minimum Design Criteria for the Fast-Track Permitting of Pump Station and Force Mains adopted June
1, 2000 as applicable; and other supporting materials may subject the Permittee to an enforcement
action by the Division, in accordance with North Carolina General Statutes §143-215.6A through §143-
215.6C, construction of additional or replacement wastewater collection facilities, and/or referral of
the North Carolina-licensed Professional Engineer to the licensing board. [15A NCAC 02T .0108{b-c)]

8. In the event that the wastewater collection facilities fail to perform satisfactorily, including the
creation of nuisance conditions, the Permittee shall take immediate corrective action, including those
as may be required by this Division, such as the construction of additional or replacement facilities.
[15A NCAC 02T .0110; 15A NCAC 02T .0108{b)]

9. The issuance of this permit shall not exempt the Permittee from complying with any and all statutes,
rules, regulations, or ordinances that may be imposed by the Division any other Federal, State, or Local
government agencies which have jurisdiction or obtaining other permits which may be required by the
DocuSign Envelope ID: 6E46260C-5A6E-4525-A1D5-4A11131664E6