NC0042358_staff comments_19931115

State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Environmental Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P.E., Director
FAX
(4 total pages)
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CDEHNFi
November 15, 1993
CONFIDENTIAL: CLIENT - ATTORNEY PRIVELEDGED
MEMORANDUM
To:
Sue Anna Sumpter
Office of the Attorney General
Western Office
[phone]
From: Don Safrit,
Assistant C
Water Quality ection
chnical Support
Subject: Adams Apple Homeowners Association, Inc.
NPDES Permit NC0042358
Avery County
I appreciate the copy of the petition filed for the subject permit.
Enclosed you will find a memo signed several years back concerning guidance for
requiring continuous flow measuring devices on package plants. Please give us several
weeks to review the petition and coordinate these issues with the Asheville Regional Office
and we will provide you our thoughts on this issue.
If you would like to discuss any of these issues in the interim, please contact either Coleen
Sullins, Supervisor of the Permits and Engineering Unit or myself at [phone].
cc: Asheville Regional Office
Coleen Sullins
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper

DIVISION OF ENVIRONMENTAL MANAGEMENT
June 18, 1990
To: Steve Tedder, Chief
Water Quality Section
Frog:George Everett
r/ Director`
Subject: Continuous Flow Monitoring and Measurement
All of the Regional Offices have recently evaluated the need for a
more accurate and verifiable method of flow monitoring and measurement.
The results, unsurprisingly, were unanimous that more emphasis needs to
be placed on flow monitoring requirements. Several of the regional
offices expressed concerns about the compliance evaluation difficulties
associated with instantaneous flow measurement or no flow
measurements at all.
For new non -discharge applications submitted after July 1, 1990,
the following guidelines should be followed:
a. All mechanical package plants such as those associated with
rotary distributors and other high rate infiltration systems will
require continuous recording flow measurement.
b. Systems whose design flow exceeds 10,000 GPD will be required
to provide a continuous flow measuring device and recorder. Pump
run meters alone will not be sufficient. However, when used in
conjunction with an in -line recording flow meter, their use will
be beneficial.
c. Systems with a design flow of less than or equal to 10,000 GPD
which involve pumping or dosing of the effluent such as LPP,
recycle and spray irrigation will be required to provide pump run
meters for each pump or dose counter. Smaller systems with a

total design flow of less than 1 ,000 gallons per day will not
require flow measurement except where unusual circumstances
warrant flow monitoring.
d. Conventional subsurface disposal systems (septic tank,
nitrification systems with a design flow of 10,000 GPD or less)
that do not have any mechanical units will
not require any flow measurement except where unusual
circumstances warrant flow monitoring.
Renewals and modifications of Non -Discharge systems will be
handled on a case by case basis and monitoring requirements will be based
upon the recommendations of the appropriate regional office in
consultation with the central office staff.
II. New applications for NPDES Permits submitted after July 1, 1990,
will be evaluated based upon the type of wastewater treatment
facility detailed in the Engineering Proposal.
a. All mechanical wastewater treatment plant will be required
to provide a continuous recording flow meter.
b. Intermittent discharges such as sand filters will be required
to provide dose counters or other more precise flow
monitoring devices instead of an instantaneous reading.
c. Any domestic or other oxygen demanding stream utilizing
aerobic or stabilization lagoons whose design flow exceeds
1,000 gallons per day will be required to provide continuous
recording flow measurement.
d. Systems with a total design flow of Tess than 1,000 gallons
per day will be permitted to monitor flow by instantaneous
readings except where unusual circumstances warrant more
precise flow measurement.
Renewals and modifications of NPDES Systems will be handled on a
case -by -case basis and monitoring requirements will be based upon the
recommendations of the appropriate regional office in consultation with
the central office staff.
The regions should work with the permittees concerning installation
of flow measuring devices. These additions should be handled on a case by
case basis and may be considered as minor modifications which would not
require a consulting engineer and issuance of a modified permit or an

Authorization to Construct. A simple approval letter issued by the region
should be appropriate.
It is likely that this memorandum does not address all the situations
the Water Quality Section will encounter regarding flow measurement.
Since flow is one of the fundamental parameters, if not the fundamental
parameter we deal with in our permitting and compliance reviews, it is
essential that we have more precise flow measurement and flow records.
If you have any questions regarding this matter, please do not
hesitate to discuss them with me.
cc: Water Quality Regional Supervisors
Permits and Engineering Unit

MICHAEL F. EASLEY
ATTORNEY GENERAL.
-- MEMORANDUM --
TO:
FROM: Sueanna P. Sumpter
Assistant Attorney General
DATE: October 21, 1993
State of North Carolina
Department of Justice
Suite 203
1 1 North Market Street
Asheville, N. C. 28801
A. Preston Howard
Director, Division of Environmental Management
RE: Adams Apple Homeowners Association, Inc. v. DEHNR
OAH File No: 93 EHR 0986
WESTERN OFFICE
PHONE: [phone]
FAX: [phone]
OCT 251993
TECHNICAL Siii;? OR1 MANCH
I am sending to you copies of the scheduling order entered by the Administrative Law
Judge in the above -referenced contested case. As you will note, the hearing in this matter will
be held the week of January 31, 1994 in Asheville, North Carolina.
The following persons may be called to testify at the hearing:
A. Preston Howard
Director, Division of Environmental Management
Donald Safrit
Head, Permits and Engineering Group
Forrest Westall
Water Quality Supervisor, Asheville Regional Office
Please let me know immediately if any of the persons listed above cannot be available on the date
proposed.
Thank you.
SPS/lgg
Enclosure
An Equal Opportunity / Affirmative Action Employer

FILED
OFFICE or
STATE OF NORTH CAROLINA gpMIw ,i ,r icl
COUNTY OF AVERY
SEP ?I 8 <<9 Ah1 '33
IN THE OFFICE OF
ADMINISTRATIVE HEARINGS
93 EHR 0986
ADAMS APPLE HOMEOWNERS ASSOCIATION, INC.
Petitioner
v.
SCHEDULING ORDER
NORTH CAROLINA DEPARTMENT OF ENVIRONMENT
HEALTH AND NATURAL RESOURCES, DIVISION
OF ENVIRONMENTAL MANAGEMENT
Respondent
The undersigned has established the following Scheduling Order.
This Scheduling Order may be later amended in the discretion of the
Administrative Law Judge, based upon information provided in the
parties' Prehearing Statements. The parties will be notified of any
changes by way of an Amended Scheduling Order.
1. The hearing for this contested case will be scheduled in
Asheville, North Carolina, for the week beginning January 31, 1994.
2. Discovery shall be completed on or before January 17, 1994.
IT IS SO ORDERED.
This the 3dL day of rticnis, , 1993.
�L. U
ert Roosevelt Ftei\ly Jr.
Administrative Law Judge

-2-
A copy of the foregoing was mailed to:
William B Cocke Jr
Attorney at Law
PO Box 606
Newland NC 28657-
Attorney for Petitioner
Jonathan Howes, Sec.
North Carolina Department of Environment
Health and Natural Resources, Division
of Environmental Management
Attn: Richard B Whisnant
512 North Salisbury St
Raleigh NC 27611-
Respondent
This the CQ 144 day o
, 1993.
Dean C. Farrar
Chief Hearings Clerk
Office of Administrative Hearings
PO Drawer 27447
Raleigh NC 27611-7447
919/733-0926

STATE OF NORTH CAROLINA
COUNTY OF AVERY
FILED
OFFICE OF
ADHINir,7p! :. !1;►tcS
SEP 11 8 49 AS ' 93
IN THE OFFICE OF
ADMINISTRATIVE HEARINGS
93 EUR 0986
ADAMS APPLE HOMEOWNERS ASSOC )
Petitioner�'� )
ME OF GENERAL COUNSEL )
v. ), NOTICE OF CONTESTED CASE
Cr.) ) AND ASSIGNMENT
•
NORTH CAROLINA DEPARTMENT
HEALTH AND NATURAL RESOURC
OF ENVIRONMENTAL MANAGE
Respondent
ENT ) G.S. 150B-23, 33(b)(4)
ER�L Sir ..
SEP 22 1993
NOTICE IS HEREBY NT von for a contested case
hearing pursuant to G. e� � (Q �t moiled in and accepted by the
Office of Administrative Hearings on September 16, 1993. In
accordance with G.S. 150B-23(a) and 26 NCAC 3 .0003, Robert Roosevelt
Reilly Jr., Administrative Law Judge, has been assigned to preside in
this case. The administrative law judge may be contacted by mail at
PO Drawer 27447, Raleigh, NC 27611-7447, and the telephone number is
919/733-2698.
The Respondent shall submit within 30 days a copy of the
document constituting agency action which caused the filing of the
Petition.
A copy of any document or other item filed with the Office of
Administrative Hearings should be sent to the other party at the time
of filing. If a party changes his mailing address, or if the address
is incorrect, the Office of Administrative Hearings must be notified
of the new or corrected address.
NOTE: You may receive an Order for Prehearing Statements to
which you must respond within 30 days.
This the aJ -day of
2. 3 1993
)93
Julian Mann, III
Chief Administrative Law Judge
Dean C. Farrar
Chief Hearings Clerk
PO Drawer 27447
Raleigh, NC 27611-7447
919/733-0926

STATE OF NORTH CAROLINA.r..� , j IN THE OFFICE OF
JyADMINISTRATIVE HEARINGS
COUNTY OF AVERY
ADAMS APPLE HOMEOWN}F,`Uj
ASSOCIATION, INC.,
Petitioner ) PETITION
FOR A
VERSUS ) CONTESTED CASE HEARING
NORTH CAROLINA DEPARTMENT )
OF ENVIRONMENT, HEALTH AND )
NATURAL RESOURCES, DIVISION )
OF ENVIRONMENTAL MANAGEMENT, ) `,:P 2 .i
Respondent.
The undersigned asks for a contested case hearing as
provided for by G.S. 150B-23 because:
1. On or about August 19, 1993, the Division of Envi-
ronmental Management issued to Petitioner a State NPDES dis-
charge permit, NO. NC0042358, for a facility located at
Adams Apples Racquet Club, Highway 105, Banner Elk, North
Carolina. A copy of said permit is annexed hereto as
"Exhibit A".
2. Said discharge permit contained a certain condi-
tion requiring that Petitioner construct and operate a re-
cording and totalizing flow meter (Part II, Section D, para-
graph 3).
3. The wastewater treatment plant is operating at on-
ly 50% of permitted capacity.
4. Petitioner has installed the de -chlorination unit
required by the permit.

5. The effluent is adequately monitored without the
additional flow meter.
6. The cost of installation of the flow meter is ap-
proximately $5,000.00, and said cost is unreasonably high
and will create a burden on the users of the system.
Because of these facts, the agency has acted
erroneously and substantially prejudiced the Petitioner's
rights in requiring the installation and operation of the
flow meter; and based on these facts the agency has exceeded
its authority or jurisdiction.
VERIFICATION
I, the undersigned, first being duly sworn, say that
this petition is true to my own knowledge, except as to mat-
ters stated on information and belief, and as to those, I
believe them to be true.
John C•! .ger
Adams Ap. e Homeowners' Associ-
ation, Inc.
Rt. 1, Box 136
Banner Elk, NC 2860
[phone]
Sworn to and subscribed
before me this 16th day
of September , 1993. i;
Notary Pv�blic
My commission expires:
August 21, 1998
2-

CERTIFICATE OF SERVICE
I certify that this Petition has been served on the
State agency named below by depositing a copy of it with the
United States Postal Service with sufficient postage or by
delivering it to the named agency.
Served on:
Richard B. Whisnant
Registered Agent
Department. of Environment, Health and
Natural Resources
Division of Environmental Management
512 N. Salisbury St.
Raleigh, NC 27604-1148
This the 16th day of September, 1993.
N
John Co},�ia�iager
Adams Apple Homeowners' Associ-
ation, Inc.

J...Alll L -A- I.- EX
Permit No. NC0042358
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT, HEALTH, AND NATURAL RESOURCES
DIVISION OF ENVIRONMENTAL MANAGEMENT
PERMIT
TO DISCHARGE WASTEWATER UNDER THE
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
In compliance with the provision 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,
Adams Apple Homeowners Association
is hereby authorized to discharge wastewater from a facility located at
Adams Apple Racquet Club
NC Highway 105
southeast of Banner Elk
Avery County
to receiving waters designated as the Watauga River in the Watauga River Basin
in accordance with effluent limitations, monitoring requirements, and other conditions set forth in
Parts I, II, and III hereof.
This permit shall become effective September 1, 1993
This permit and the authorization to discharge shall expire at midnight on September 30, 1997
Signed this day August 19, 1993
Preston Howard, Jr., P.E., Director
Division of Environmental Management
By Authority of the Environmental Management Commission

Permit No. NC0042358
SUPPLEMENT TO PERMIT COVER SHEET
Adams Apple Homeowners Association
is hereby authorized to:
1. Continue to operate an existing 0.020 MGD wastewater treatment package plant consisting of a
bar screen, aeration basin, clarifier with sludge return, tablet chlorinator, contact basin and
cascade aerator located at Adams Apple Racquet Club, NC Highway 105, southeast of Banner
Elk, Avery County (See Part III of this Permit), and
2. After receiving an Authorization to Construct from the Division of Environmental Management,
construct and operate a dechlorination unit and a recording and totalizing flow meter.
3. Discharge from said treatment works at the location specified on the attached map into the Watauga
River which is classified Class B-Trout HQW waters in the Watauga River Basin.

A. ( ). EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS SUMMER (April 1- October 31) Permit No. NC0042358
During the period beginning on the effective date of the permit and lasting until expiration, the Permitiee is authorized to discharge from
outfall(s) serial number 001. Such discharges shall be limited and monitored by the permittee as specified below:
Effluent Characteristics Discharge Limitations Monitoring Requirements
Measurement Sample *Sample
Monthly AvQ. Weekly Avg. Daily Max Frequency ape Location
Flow 0.020 MGD Weekly Instantaneous I or E
BOD, 5 day, 20°C 30.0 mg/I 45.0 mg/I 2/Month Grab E
Total Suspended Residue 30.0 mg/I 45.0 mg/I 2/Month Grab E
NH3 as N 11.0 mg/I 2/Month Grab E
Fecal Colitorm (geometric mean) 200.0 /100 ml 400.0 /100 ml 2/Month Grab E
Total Residual Chlorine 53.0 µg/I 2/Week Grab E
Temperature Weekly Grab E
* Sample locations: E - Effluent, I - Influent
The pH shall not be less than 6.0 standard units nor greater than 9.0 standard units and shall be monitored 2/month at the effluent by grab
sample.
There shall be no discharge of floating solids or visible foam in other than trace amounts.

A. ( ). EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS WINTER (November 1 - March 31) Permit No. NC0042358
During the period beginning on the effective date of the permit and lasting until expiration, the Permittee is authorized to discharge from
outfall(s) serial number 001. Such discharges shall be limited and monitored by the permittee as specified below:
Effluent Characteristics
Flow
BOD, 5 day, 20°C
Total Suspended Residue
NH3 as N
Fecal Coliform (geometric mean)
Total Residual Chlorine
Temperature
Discharge Limitations
Monthly Avg. Weekly Avg. Daily Max
0.020 MGD
30.0 mg/I
30.0 mg/I
32.0 mg/I
200.0 /100 ml
* Sample locations: E - Effluent, I - Influent
45.0 mg/I
45.0 mg/I
400.0 /100 ml
53.0 µg/I
Monitoring
Measurement
Frequency
Weekly
2/Month
2/Month
2/Month
2/Month
2/W eek
Weekly
Requirements
Sample 'Sample
ape Location
Instantaneous I or E
Grab
Grab
Grab
Grab
Grab
Grab
E
E
E
E
E
E
The pH shall not be less than 6.0 standard units nor greater than 9.0 standard units and shall be monitored 2/month at the effluent by grab
sample.
There shall be no discharge of floating solids or visible foam in other than trace amounts.