HomeMy WebLinkAboutNC0065889_Permit Issuance_20121228NPDES DOCUMENT SCANNING COVER SHEET
NPDES Permit:
NC0065889
Catatoga at Lake Toxaway WWTP
Document Type:
ermit Issuance
Wasteload Allocation
Authorization to Construct (AtC)
Permit Modification
Complete File - Historical
Engineering Alternatives (EAA)
Correspondence
Owner Name Change
Technical Correction
Instream Assessment (67b)
Speculative Limits
Environmental Assessment (EA)
Document Date:
December 28, 2012
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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman
Governor Director Secretary
December 28. 2012
Ms. Brook Cole
Indian Creek Resort, LLC
8000 Capps Ferry Road
Building 15, Suite L120
Douglasville, Georgia 30132
Subject: NPDES PERMIT ISSUANCE
Permit Number NC0065889
Catatoga at Lake Toxaway WWTP — Class II
Transylvania County
Dear Ms. Cole:
Division personnel have reviewed and approved your application for renewal of the subject
permit. Accordingly, we are forwarding the attached final NPDES discharge 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 October 15, 2007 (or as subsequently amended).
If any parts, measurement frequencies or sampling requirements contained in this permit are
unacceptable to you, you have the right to an adjudicatory hearing upon written request within
thirty (30) days following receipt of this letter. This request must be in the form of a written
petition, conforming to Chapter 150B of the North Carolina General Statutes, and filed with the
Office of Administrative Hearings (6714 Mail Service Center, Raleigh, North Carolina 27699-
6714). Unless such demand is made, this permit shall be final and binding.
Please take notice that this permit is not transferable. This permit does not affect the legal
requirements to obtain other permits which may be required by the Division of Water Quality or
permits required by the Division of Land Resources, Coastal Area Management Act, or any other
Federal or Local governmental permits which may be required.
If you have any questions or need additional information, please do not hesitate to contact
Maureen Kinney of my staff at (919) 807-6388.
Sincerely,414S Charles Wakild, P.E.
cc: Central Files
NPDES Unit Files
Asheville Regional Office
1617 Mail Service Center, Raleigh, North Carolina 27699-1617
Location: 512 N. Salisbury St. Raleigh, North Carolina 27604
Phone: 919-807-63001 FAX: 919-807-6492
Internet: http://portal.ncdenr.orglweb/wglhome
NonrthCarolina
A2aturallj
An Equal Opportunity 1 Affirmative Action Employer
Permit NC0065889
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
PERMIT
TO DISCHARGE WASTEWATER UNDER THE
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
In compliance with the provisions of North Carolina General Statute 143-215.1, other lawful standards
and regulations promulgated and adopted by the North Carolina Environmental Management
Commission, and the Federal Water Pollution Control Act, as amended,
Indian Creek Resort, LLC
is hereby authorized to discharge wastewater from a facility located at the
Catatoga at Lake Toxaway WWTP
U.S. Highway 64 west of Rosman
Transylvania County
to receiving waters designated as Indian Creek in the Savannah River Basin in accordance with
effluent limitations, monitoring requirements, and other conditions set forth in Parts I, II, III and IV
hereof.
This permit shall become effective February 1, 2013.
This permit and authorization to discharge shall expire at midnight on August 31, 2017.
Signed this day December 28, 2012.
(Charles Wakild, t'.E., Director
Division of Water Quality
By Authority of the Environmental Management Commission
Permit NC0065889
SUPPLEMENT TO PERMIT COVER SHEET
All previous NPDES Permits issued to this facility, whether for operation or discharge are hereby
revoked. As of this permit issuance, any previously issued permit bearing this number is no longer
effective. Therefore, the exclusive authority to operate and discharge from this facility arises under the
permit conditions, requirements, terms, and provisions included herein.
Indian Creek Resort, LLC is hereby authorized to:
1. Continue to operate an existing 0.025 MGD extended aeration wastewater treatment system with
the following additional components:
• UV disinfection
The facility is located west of Rosman at Catatoga at Lake Toxaway off U.S. Highway 64 in
Transylvania County.
2. After receiving an Authorization to Construct from the Division of Water Quality, construct the
necessary facilities to increase plant capacity to 0.07 MGD, and
3. After receiving an Authorization to Construct from the Division of Water Quality, construct the
necessary facilities to expand the plant to its ultimate capacity of 0.14 MGD.
4. Discharge from said treatment works at the location specified on the attached map into Indian
Creek, currently classified C-Trout waters in sub -basin 03-13-02 of the Savannah River Basin.
Indian Creek Resort, LLC
Catatoga at Lake Toxaway
County: Transylvania Stream Class: C-Trout
Receiving Stream: Indian Creek Sub -Basin: 03-13-02
Latitude: 35° 06' 45" Grid/Quad: G7SW / Reid
Longitude: 82° 55' 10" HUC #: 03060101
Facility
Location
(not to scale)
NORTH
NPDES Permit: NC0065889
Permit NC0065889
A. (1.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS (0.025 MGD)
During the period beginning onthe effective date of this permit and lasting until expansion above
0.025 MGD or expiration, the Permittee is authorized to discharge from outfall 001. Such discharges
shall be limited and monitored by the Permittee as specified below:
LIMITS
MONITORING REQUIREMENTS
EFFLUENT
CHARACTERISTICS
Parameter Code
Monthly
Average
Daily
Maximum
Measurement
Frequency
Sample
Type
Sample
Location
Flow
50050
0.025 MGD
Weekly
Instantaneous
Influent or Effluent
BOD, 5-day (20°C)
C0310
30.0 mg/L
45.0 mg/L
Weekly
Grab
Effluent
Total Suspended Solids
C0530
30.0 mg/L
45.0 mg/L
Weekly
Grab
Effluent
NH3 as N
C0610
Weekly
Grab
Effluent
Fecal Coliform (geometric mean)
31616
200/100 mL
400/100 mL
Weekly
Grab
Effluent
Temperature (°C)
00010
Weekly
Grab
Effluent
Total Nitrogen (NO2+NO3+TKN)
Semi -
Composite
Effluent
Total Phosphorus
00665
Semi-
Annually
Composite
Effluent
pH
00400
Not < 6.0 nor > 9.0
Standard Units
Weekly
Grab
Effluent
THERE SHALL BE NO DISCHARGE OF FLOATING SOLIDS OR VISIBLE FOAM IN OTHER THAN TRACE AMOUNTS
See Condition A. (4.) for instructions should the facility's permitted UV system fail and an alternate
means of disinfection is required. Total Residual Chlorine monitoring requirements and limits are
applicable if chlorine compounds are used for disinfection.
Permit NC0065889
A. (2.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS (0.07 MGD)
During the period beginning upon expansion above 0.025 MGD and lasting until expansion above 0.07
MGD or expiration, the Permittee is authorized to discharge from outfall 001. Such discharges shall be
limited and monitored by the Permittee as specified below:
EFFLUENT
CHARACTERISTICS
Parameter Code
LIMITS
MONITORING REQUIREMENTS
Monthly
Average
Daily
Maximum
Measurement
Frequency
Sample
Type
Sample
Location
Flow
50050
0.07 MGD
Weekly
Instantaneous
Influent or Effluent
BOD, 5-day (20°C)
C0310
30.0 mg/L
45.0 mg/L
Weekly
Composite
Effluent
Total Suspended Solids
C0530
30.0 mg/L
45.0 mg/L
Weekly
Composite
Effluent
NH3 as N -Summer*
C0610
6.0 mg/L
30.0 mg/L
Weekly
Composite
Effluent
NH3 as N - Winter*
C0610
23.5 mg/L
35.0 mg/L
Weekly
Composite
Effluent
Fecal Coliform (geometric mean)
31616
200/100 mL
400/100 mL
. Weekly
Grab
Effluent
Temperature (°C)
00010
Weekly
Grab
Effluent
Total Nitrogen (NO2+NO3+TKN)
Semi -
Composite
Effluent
Total Phosphorus
C0665
Semi-•
Annually
Composite
Effluent
pH
00400
Not < 6.0 nor > 9.0
Standard Units
Weekly
Grab
Effluent
*Summer: April 1— October 31
*Winter: November 1— March 31
Footnotes:
THERE SHALL BE NO DISCHARGE OF FLOATING SOLIDS OR VISIBLE FOAM IN OTHER THAN TRACE AMOUNTS
See Condition A. (4.) for instructions should the facility's permitted UV system fail and an alternate
means of disinfection is required. Total Residual Chlorine monitoring requirements and limits are
applicable if chlorine compounds are used for disinfection.
Permit NC0065889
A. (3.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS (0.14•MGD)
During the period beginning upon expansion above 0.07 MGD and lasting until expiration, the
Permittee is authorized to discharge from outfall 001. Such discharges shall be limited and monitored by
the Permittee as specified below:
LIMITS
MONITORING REQUIREMENTS
EFFLUENT
CHARACTERISTICS
Parameter Code
Monthly
Average
Daily
Maximum
Measurement
Frequency
Sample
Type
Sample
Location
Flow
50050
0.14 MGD
Weekly
Instantaneous
Influent or Effluent
BOD, 5-day (20°C)
C0310
30.0 mg/L
45.0 mg/L
Weekly
Composite
Effluent
Total Suspended Solids
C0530
30.0 mg/L
45.0 mg/L
Weekly
Composite
Effluent
NH3 as N -Summer*
C0610
6.0 mg/L
30.0 mg/L
Weekly
Composite
Effluent
NH3 as N - Winter*
C0610
23.5 mg/L
35.0 mg/L
Weekly
Composite
Effluent
Fecal Coliform (geometric mean)
31616
200/100 mL
400/100 mL
Weekly
Grab
Effluent
Temperature (°C)
00010
Weekly
Grab
Effluent
Total Nitrogen (NO2+NO3+TKN)
C0600
Semi -Annually
Composite
Effluent
Total Phosphorus
C0665
Semi -Annually
Composite
Effluent
pH
00400
Not < 6.0 nor > 9.0
Standard Units
Weekly
Grab
Effluent
*Summer: April 1— October 31
*Winter: November 1— March 31
THERE SHALL BE NO DISCHARGE OF FLOATING SOLIDS OR VISIBLE FOAM IN OTHER THAN TRACE AMOUNTS
See Condition A. (4.) for instructions should the facility's permitted UV system fail and an alternate means
of disinfection is required. Total Residual Chlorine monitoring requirements and limits are applicable if
chlorine compounds are used for disinfection.
Permit N00065889
A. (4.) TEMPORARY MEANS OF DISINFECTION
In the event that the wastewater treatment plant's ultraviolet (UV) disinfection system should fail,
underperform, or otherwise be removed from effective service, the permittee or his agent should
immediately inform the Surface Water Protection Section staff of the Asheville Regional Office of this
development and discuss temporary, alternate means for disinfection of the effluent.
If chlorine compounds are used as temporary means of disinfection, the total residual chlorine (TRC)
concentration of the effluent must be monitored on a daily basis while this method of disinfection is in
use and values must be reported on the discharge monitoring report. TRC in the effluent may not
exceed 28 µg/L; therefore, dechlorination methods may also be necessary to ensure protection of water
quality in the receiving stream.
Use of a disinfection system other than the permitted UV system during circumstances not deemed as
emergency and/or temporary (replacement of lamps, lamp cleaning or maintenance, etc.) will be
considered a violation of the terms of this permit.
The Division shall consider all effluent TRC values reported below 50 µg/L to be in compliance with
the permit. However, the Permittee shall continue to record and submit all values reported by a North
Carolina certified laboratory (including field certified), even if these values fall below 50 µg/L.
�CLLL etv 12j23) r2
ASHEV i E
CrTIZEN TIMES
VOICE OFTI THE MOUNTAINS • CITIZEN-TIMES.com
Public Notice
North Carolina Environmental Management
Commission/NPOES Unit
1617 MIServiiceCenter
Well; NC 27699-1617
Notice of Intenttoo 5999 HPDES Wastewater
Pemitt
The North Carolina Environmental Management
Commission proposes to issue a NPDES waste-
water discharge permit to the person(s) listed
below. Written comments regarding the pro-
pos d permit will be accepted until 30 days aft-
er the publish date of this notice. The Director
of the NC Division of Water Quality (DWQ) may
hold a public hearing should -there be a signifi-
cant degree of public interest. Please mail com-
the abovedaddress. Interested persons mayQvis-
It the DWQ at, 512 N. Salisbury Street.Raleigh,
NC to review information on file. Additional in
formation found Pon�ourrwebsitetl httpJ/Potic
rta-
I.nydenr.org/w lcqy.4wpp/ps/npdes/calendar,
Tuc or byY calling (919) e07-6390.
plied forg re Water & Sewer Authority has ap-
fpf2ed WWTP in Jackson Couunty: thisor WTNSA WTTP faclllty
discharges wastewater to Scott Creek; Little
Tennessee River Basin,
1 Indian Creek Resort, LLC requested renewal
of NC0065889 for Catatoga at Lake
ToxawayaWWTP. This facility is permitted to
discharge
up Indian Creek, Savan-
nah River Basin. with provision to
expand
its
diber 8, sc argeto0.14MGD.Nove(9752)
AFFIDAVIT OF PUBLICATION
BUNCOMBE COUNTY
SS.
NORTH CAROLINA
Before the undersigned, a Notary Public of said County and
State, duly commissioned, qualified and authorized by law
to administer oaths, personally appeared Velene Fagan,
who, being first duly sworn, deposes and says: that she is
the Legal Billing Clerk of The Asheville Citizen -Times,
engaged in publication of a newspaper known as The
Asheville Citizen -Times, published, issued, and entered as
first class mail in the City of Asheville, in said County and
State; that she is authorized to make this affidavit and
sworn statement; that the notice or other legal
advertisement, a true copy of which is attached hereto, was
published in The Asheville Citizen -Times on the
following date: November 8th, 2012. And that the said
newspaper in which said notice, paper, document or legal
advertisement was published was, at the time of each and
every publication, a newspaper meeting all of the
requirements and qualifications of Section 1-597 of the
General Statues of North Carolina and was a qualified
newspaper within the meaning of Section 1-597 of the
General Statues of North Carolina.
Signed this 8ttt, day of November, 2012
(Signature of person making a' . -
Sworn to and subs'�'before me the 8th, da ► . ed Y of
November, 2Q-Y2 --
otary Public)
My Co
vit)
(828) 232-5830 I (828) 253-5092 FAX
14 0. HENRY AVE. I P.O. BOX 2090 I ASHEVILLE, NC 28802 I (800) 800-4204
GAMIETI
IA- `'e_�aaiif67 ,,,,
sion expires the 5th day of October, 2013,. C1 ' J YF,0 ,,
IA
NO; 6 y s.
s i
1;tG PUBLIC
FACT SHEET FOR EXPEDITED PERMIT RENEWALS
This form must be completed by Permit Writers for all expedited permits which do not require
full Fact Sheets. Expedited permits are generally simple 100% domestics (e.g., schools, mobile
home parks, etc) that can be administratively renewed with minor changes, but can include
facilities with more complex issues (Special Conditions, 303(d) listed water, toxicity testing,
instream monitoring, compliance concerns).
Basic Information for Expedited Permit Renewals
Permit Writer/Date
Maureen Kinney 10/31/12
Permit Number
NC0065889
Facility Name
Catatoga at Lake Toxaway WWTP
Basin Name/Sub-basin number
Savannah 03-13-02
Receiving Stream
Indian Creek
Stream Classification in Permit
C-Trout
Does permit need Daily Max NH3 limits?
No
Does permit need TRC limits/language?
Yes No — Language Updated in A.(4.)
Does permit have toxicity testing?
Yes No
Does permit have Special Conditions?
Yes No
Does permit have instream monitoring?
Yes No
Is the stream impaired (on 303(d) list)? For
what parameter?
Yes No
Any obvious compliance concerns?
None.
Any permit mods since last permit?
Yes
Current expiration date
8/31/12
New expiration date
8/31/17
Comments received on Draft Permit?
• The facility name was updated on the permit cover page.
• Parameter Codes were added to Section A. (1.), (2.) and (3.) of this permit
• Special Condition A.(4.) language amended to include new compliance threshold.
KUDZU FUNDING, LLC
8000 Capps Ferry Road
Douglasville, Georgia
404-495-9577
Brook Cole
September 12, 2012
Ms. Dina Sprinkle
NC DENR/DWQ/ Point Source Branch
1617 Mail Service Center
Raleigh, NC 27699-1617
fL'ai '%f
fJ
SEP 1 7 2012
Pouli SOURCL .
Uiaa44vj o r�
COp1/4-11--Q
Re: NPDES Application — Indian Creek Resort, LLC — Catatoga at Lake Toxaway
Dear Ms. Sprinkle:
Please find enclosed our completed NPDES Application for the above referenced facility. Please
note that we were recently notified that this application was delinquent due to the application
being sent to the wrong mailing address as well as the wrong email address.
Should you have any questions, please do not hesitate to contact me.
oe
Enclosure
BC/vs
p@HOWZ
OCT 0 4 2012
DENR-WATER QUALITY
POINT SOURCE BRANCH
0
NPDES APPLICATION - FORM D
For privately owned treatment systems treating 100% domestic wastewaters <1.0 MGD
Mail the complete application to:
N. C. DENR / Division of Water Quality / NPDES Unit
1617 Mail Service Center, Raleigh, NC 27699-1617
NPDES Permit
1TC0065889
If you are completing this form in computer use the TAB key or the up - down arrows to moue from one
field to the next. To check the boxes,, click your mouse on top of the box Otherwise, please print or type.
1. Contact Information:
Owner Name Indian Creek Resort, LLC
Facility Name Catatoga at Lake Toxaway
Mailing Address % Brook Cole, Kudzu Funding, 8000 Capps Ferry Rd.
City Douglasville
State / Zip Code GA 30132
Telephone Number (404) 495-9577
Fax Number ( )
e-mail Address bcole@a mmerrilltrust.com
2. Location of facility producing discharge:
Check here if same address as above ❑
Street Address or State Road Indian Creek Trail off of Hwy 64
City
State / Zip Code
County
Lake Toxaway
NC 28747
Transylvania
3. Operator Information:
Name of the firm, public organization or other entity that operates the facility. (Note that this is not
referring to the Operator in Responsible Charge or ORC)
Name Goldie & Associates
Mailing Address 210 W. N. Second Street
City Seneca
State / Zip Code SC 29678
Telephone Number (864) 882-8194
Fax Number (864) 882-0851
1 of 3 Form-D 05f08
NPDES APPLICATION - FORM D
For privately owned treatment systems treating 100% domestic wastewaters <1.0 MGD
4. Description of wastewater:
Facility Generating Wastewater(check all that apply):
Industrial 0 Number of Employees
Commercial 0 Number of Employees
Residential ® Number of Homes
School 0 Number of Students/Staff
Other ❑ Explain:
300
Describe the source(s) of wastewater (example: subdivision, mobile home park, shopping centers,
restaurants, etc.):
Flow is from resort community or 2 and 3 bedroom units.
Population served: currently serving approximately 35.
5. Type of collection system
® Separate (sanitary sewer only) 0 Combined (storm sewer and sanitary sewer)
6. Outfall Information:
Number of separate discharge points 1
Outfall Identification number(s) 001
Is the outfall equipped with a diffuser? ❑ Yes
® No
7. Name of receiving stream(s) (Provide a map showing the exact location of each outfall):
Indian Creek
8. Frequency of Discharge: ® Continuous 0 Intermittent
If intermittent:
Days per week discharge occurs: 7 Duration:
9. Describe the treatment system
List all installed components, including capacities, provide design removal for BOD, TSS, nitrogen and
phosphorus. If the space provided is not sufficient, attach the description of the treatment system in a
separate sheet of paper.
See attached
2 of 3
Form-D 05108
NPDES APPLICATION - FORM D
For privately owned treatment systems treating 100% domestic wastewaters <1.0 MGD
10. Flow Information:
Treatment Plant Design flow 01.40 MGD (0.025 present, 0.115 future upgrade)
Annual Average daily flow 0.0003 MGD (for the previous 3 years)
Maximum daily flow 0.01 MGD (for the previous 3 years)
11. Is this facility located on Indian country?
❑ Yes ® No
12. Effluent Data
Provide data for the parameters listed. Fecal Coliform, Temperature and pH shall be grab samples, for all other
parameters 24-hour composite sampling shall be used. If more than one analysis is reported, report daily maximum
and monthly average. If only one analysis is reported, report as daily maximum.
Parameter
Daily
Maximum
Monthly
Average
Units of
Measurement
Biochemical Oxygen Demand (BOD5)
4.2
2.1
mg/1
Fecal Coliform
2
1
cfu/ 100 ml
Total Suspended Solids
11.6
2.7
mg/1
Temperature (Summer)
21.6
17.4
C
Temperature (Winter)
11.9
6.5
C
PH
8.0
6.9
su
13. List all permits, construction approvals and/or applications:
Type Permit Number Type
Hazardous Waste (RCRA) NESHAPS (CAA)
UIC (SDWA) Ocean Dumping (MPRSA)
NPDES NC0065889 Dredge or fill (Section 404 or CWA)
PSD (CAA) Other
Non -attainment program (CAA)
Permit Number
14. APPLICANT CERTIFICATION
I certify that I am familiar with the information contained in the application and that to the
best of my knowledge and belief such information is true, complete, and accurate.
Brook Cole
Printgsi-name o P
Sigr�ur p cant
Director of Planning and Development
Title
Date
41/z/17--
North Carolina General Statute 143-215.6 (b)(2) states, Any person who knowingly makes any false statement representation, or certification in any
application, record, report, plan, or other document files or required to be maintained under Article 21 or regulations of the Environmental Management
Commission implementing that Article, or who falsifies, tampers with, or knowingly renders inaccurate any recording or monitoring device or method
required to be operated or maintained under Article 21 or regulations of the Environmental Management Commission Implementing that Article, shall be
guilty of a misdemeanor punishable by a fine not to exceed $25,000, or by imprisonment not to exceed six months, or by both. (18 U.S.C. Section 1001
provides a punishment by a fine of not more than $25,000 or imprisonment not more than 5 years, or both, for a similar offense.)
3 of 3
Form-D 05/08
NPDES Application for Permit Renewal - Form D
9. Describe the treatment system
List all installed components, including capacities, provide design removal for BOD, TSS,
nitrogen and phosphorus. If the space provided is not sufficient, attach the description of
the treatment system in a separate sheet of paper.
Existing facilities include 0.025 ragd extended air plant with 0.140 mgd UV disinfection.
Proposed Treatment Train
Though the discharge limits have not been established at this point, the proposed
facilities based on the assumed limits of 5 mg/L BOD and 1 mg/L of NH3-N would be:
• •pretreatment by screening
• flow equalization (35,00 gallons)
• Modified Ludzack — Ettinger (MLE) process (first stage anoxic — second stage
aerobic)
• secondary clarification
• activated sludge return
• scum removal
• fixed media clarification (fixed media filters)
• ultraviolet disinfection
• activated sludge wasting
• aerated sludge holding
• flow metering
Kinney, Maureen
From: Brook Cole [bcole@merrilltrust.com]
Sent: Friday, September 07, 2012 5:51 PM
To: Weaver, Charles
Cc: abhooper84@yahoo.com; Kinney, Maureen; hddyar@goldieassociates.com
Subject: RE: NPDES permit renewal application for NC0065889 is OVERDUE / permits has now
EXPIRED
Good afternoon Charles Weaver,
Thank you for the information. I am sorry to hear you did not know the transition from Mr. Demick had taken place several
years ago. I am the correct person and will take care of the renewal next Monday. I have sent the information over to
Go!die and Associates who we will need to help fill in the technical information as they are the operator for the system for
us. I did however look and noticed we paid a renewal fee of $860.00 back on 8/2/12 for the VVWTP to NCDENR. Is there
any additional fees required for the renewal?
Thank you for your help in advance.
Brook Cole
Indian Creek Resort/Catatoga
8000 Capps Ferry Road
Douglasville, Georgia 30135
Phone: 404-495-9577
From: Weaver, Charles [mailto:charles.weaver@ncdenr.aovl
Sent: Friday, September 07, 2012 9:36 AM
To: Brook Cole
Cc: abhooper840yahoo.com; Kinney, Maureen
Subject: FW: NPDES permit renewal application for NC0065889 is OVERDUE / permits has now EXPIRED
Importance: High
Ms. Cole — the e-mail address I was given was erroneous. Mr. Hooper called this morning with the correct address.
CHW
From: Weaver, Charles
Sent: Wednesday, September 05, 2012 11:32 AM
To: 'bole@merrilltrust.com'
Cc: Cranford, Chuck; Kinney, Maureen
Subject: FW: NPDES permit renewal application for NC0065889 is OVERDUE / permits has now EXPIRED
Importance: High
Ms. Cole — repeated attempts to reach Mr. Demick, the Owner of record for the subject permit, were unsuccessful.
Today, the Division was informed that you are now the primary contact for this facility.
The NPDES wastewater permit for the Indian Creek Resort WWTP in Transylvania County has EXPIRED. Any discharge of
wastewater is now illegal, in the absence of a valid permit.
If your facility is still discharging any wastewater, this permit must be renewed. Discharge of wastewater
without a valid permit violates North Carolina General Statute 143-215.1 and could result in assessment of civil
penalties of up to $25,000 per day.
Follow the instructions in the attached messages so that you may complete and submit the renewal application.
Failure to respond to this notice by. September 14, 2012 will likely result in enforcement action against your company.
If you have any questions, reply to this message.
1
CHW
From: Weaver, Charles
Sent: Monday, May 14, 2012 2:52 PM
To: `pdemick@merrilltrust.com`
Cc: Menzel, Jeff
Subject: NPDES permit renewal application for NC0065889 is OVERDUE
Importance: High
The NPDES permit for the Indian Creek Resort WWTP in Transylvania County expires on
August 31, 2012. Federal (40 CFR 122) and state (15A NCAC 2H.0105 (e)) regulations require
that permit renewal applications be filed at least 180 days prior to expiration of the current
permit.
To satisfy this requirement, your renewal package should have been sent to the Division
postmarked no later than March 4, 2012.
The Division has not received a renewal request for the subject permit. This is a violation of
your permit at Part II. B. 10., which states "Any permittee that 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.".
In order to prevent an assessment of civil penalties you must submit a completed permit
application (see enclosed forms) no later than May 29, 2012. Use the enclosed checklist to
complete your renewal package. The checklist identifies the items you must submit with the
permit renewal application.
If you wish to rescind the permit, simply reply to this message.
Charles H. Weaver
NPDES Unit
2