Loading...
HomeMy WebLinkAboutNC0085464_NC0085464_Complete File_20160210_20160210Water Resources ENVIRONMENTAL QUALITY February 10, 2016 Mr. John Pruett 1 Riverbend Rd Asheville, NC 28805 q030z,--- PAT MCCRORY DONALD R. VAN DER VAART .. " 1a; I' S. JAY ZIMMERMAN Subject: Rescission of NPDES Permit NCO085464 1 Riverbend Rd Buncombe County Dear Mr. Pruett: The Division received your request to rescind the subject permit, and we do not object to your request. Accordingly NPDES permit NCO085464 is hereby rescinded, effective immediately. This letter,is to close the permit file for the Division, and for you. If in the future your firm wishes to discharge wastewater to the State's surface waters, it must first apply for and receive a new NPDES permit. If you have any questions concerning this matter, please contact Charles H. Weaver at (919) 807-6391 or via e-mail [charl�.weaver@ncdenr.gov]. Sin rely, o- S . Jay Zimmerman, Division of Water Resources cc: Central Files Asheville Regional Office / Linda Wiggs NPDES Unit Teresa Revis / Budget State of North Carolina I Environmental Quality I Water Resources 1617 Mail Service Center I Raleigh, NC 27699-1617 919 807 6300 919-807-6389 FAX httpJ/portal.ncdenr.org/web/wq Weaver, Charles From: Wiggs, Linda Sent: Tuesday, February 09, 2016 2:45 PM To: Weaver, Charles Subject: RE: rescission request for NCO085464 Oh Yes please do. Very old jet air system we are happy to get rid of. Thanks. 2nd& Gocvy Environmental Senior Specialist — Asheville Regional Office Water Quality Regional Operations Section NCDEQ — Division of Water Resources 828 296 4500 office 828 299 7043 fax Email: linda.wiggs(a)ncdenr.gov 2090 U.S. Hwy. 70 Swannanoa, N.C. 28778 IC—- !`!'Nothing Compares , Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Weaver, Charles Sent: Tuesday, February 09, 2016 2:40 PM To: Wiggs, Linda <linda.wiggs@ncdenr.gov> Subject: rescission request for NCO085464 Linda — did I ask you about this one? I thought I had emailed you last year but I can't find any record of it. At any rate, can I rescind this one? Thanks. Charles H. Weaver Environmental Specialist N.C. Division of Water Resources N.C. Department of Environmental Quality 919-807-6391 ch a d es. weaver0mclen r. gov (physical address) 512 North Salisbury Street, Raleigh, NC 27604 (mailing address) 1617 Mail Service Center, Raleigh, NC 27699-1617 NCDEQ — Division of Water Resources NPDES Permitting: Charles Weaver 1617 Mail Service Center Raleigh, NC 27699-1617 November 7, 2015 Dear Mr. Weaver: One Riverbend Drive Asheville, NC 28805 RECEIVED/DENR/DWR NOV 12 2015 Water Quality Permitting Section We are writing to request a recession of our permit (NC0085464) for a former water treatment/ septic system. Recently, we have replaced this system with one covered by the Buncombe County health department. The permit is no longer needed. Please feel free to confirm with Linda Wiggins, who is aware of these developments. Many thanks for your time in this regard! Sincerely, John and Suzie Pruett 828.299.7243 1 � 1 4( �V- NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor December 8, 2014 John & Suzanne Pruett, Owners 1 Riverbend Road Asheville, North Carolina 28805 John E. Skvarla, III Secretary Subject: Issuance of NPDES Permit NCO085464 Pruett Residence WWTP Buncombe County Dear Mr. & Mrs. Pruett: The Division of Water Resources (the Division) hereby issues the attached NPDES permit for the subject facility 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. We have made the following updates to your previous permit: • added updates to facility map and parameter codes. • added a limit (28 µg/L) for Total Residual Chorine (TRC). • updated Section A. (2.) Special Operating Conditions as follows: a) when a public or community sewage system becomes available, the permittee shall evaluate any possible connections to a sewer line. b) the Permittee must make points of effluent discharge accessible at all times. Proposed federal regulations require electronic submittal of all discharge monitoring reports (DMRs) and specify that, if a state does not establish a system to receive such submittals, then permittees must submit DMRs electronically to the Environmental Protection Agency (EPA). The Division anticipates that these regulations will be adopted and is beginning implementation. The requirement to begin reporting discharge monitoring data electronically using the NC DWR's Electronic Discharge Monitoring Report (eDMR) internet application has been added to your NPDES permit. [See Special Condition A. (3.)] For information on eDMR, registering for eDMR and obtaining an eDMR user account, please* visit the following web page: http://portal.ncdenr.org/web/wq/admin/bog/ipu/edmr. For information on EPA's proposed NPDES Electronic Reporting Rule, please visit the following web site: http://www2.epa.gov/compliance/proposed-npdes-electronic-reporting-rule. 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Phone: 919-807-63001 Internet: www.ncwaterquality.org An Equal Opportunity 1 Affirmative Action Employer— Made in part by recycled paper Mr. & Mrs. Pruett December 8, 2014 Page 2 of 2 If any parts, measurement frequencies, or sampling requirements contained in this permit are unacceptable, you have the right to an adjudicatory hearing, upon written request submitted within thirty (30) days after receiving this letter. Your request must take the form of a written petition conforming to Chapter 150B of North Carolina General Statutes, and you must file it with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, North Carolina 27699-6714. Unless such a demand is made, this permit shall remain final and binding. Please note that this permit is not transferable except after notice to the Division. The Division may require modification or revocation and reissuance of the permit. This permit does not affect the legal requirements to obtain other permits which may be required by the Division of Water Resources or any other Federal, State, or Local governmental permits that may be required. If you have questions, or if we can be of further service, please contact Derek Deriard at [derek.denard@ncdenr.gov] or call (919) 807-6307. espe fully, Thomas A. Reeder Enclosure: NPDES Permit NCO085464 (Issuance Final) hc: Central Files NPDES Program Files ARO Files/ Attn: Landon Davidson NPDES Permit NCO085464 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER RESOURCES PERMIT TO DISCHARGE WASTEWATER UNDER THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) 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, the John & Suzanne Pruett — Owners is hereby authorized to discharge treated wastewater from a facility known as Pruett Residence WWTP 1 Riverbend Road, Asheville 28805 Buncombe County to receiving waters designated as Swannanoa River, within the French Broad River Basin, in accordance with effluent limitations, monitoring requirements, and other applicable conditions set forth in Parts I, II, III, and IV hereof. The permit shall become effective JanUary 1, 2015. This permit and the authorization to discharge shall expire at midnight on September 30, 2019. Signed this day December 8, 2014. Thorrias A. Reeder, Director D.Msion of Water Resources By Authority of the Environmental Management Commission Page 1 of 6 NPDES Permit NCO085464 SUPPLEMENT TO PERMIT COVER SHEET All previous NPDES Permits issued to this facility, whether for operation or discharge are hereby revoked, and as of this 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 described herein. John & Suzanne Pruett — Owners is hereby authorized to: 1. continue to operate an existing 360 GPD j et -aeration wastewater treatment system with the following components; • Jet Air System • septic tank • aeration chamber • clarification • chlorination located at the Pruett residence, 1 Riverbend Road, Asheville, Buncombe County; 3. discharge from said treatment works via Outfall 001 at a location specified on the attached map, into Swannanoa River [Stream Segment 6-78], currently a Class C waterbody within Subbasin 04-03-02 of the French Broad River Basin. Page 2 of 6 ' NPDES Permit NCO085464 PART I A. (L) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS During the period beginning on the effective date of this permit and lasting until expiration, the Permittee is authorized to discharge filter backwash via Outfall 001. Such discharges shall be limited and monitored' by the Permittee as specified below: EFFLUENT CHARACTERISTIC [Parameter Codes] LIMITS MONITORING REQUIREMENTS 1 Monthly Average Daily Maximum Measurement Frequency 2 Sample Type Sample Location Flow 3 (gallons/day) 50050 360 Quarterly Estimate Effluent BOD 5-day, 20°C (mg/L) C0310 30.0 mg/L 45.0 mg/L Quarterly Grab Effluent Total Suspended Solids (mg/L) C0530 30.0 mg/L 45.0 mg/L Quarterly Grab Effluent pH (su) 00400 > 6.0 and 5 9.0 standard units Quarterly Grab Effluent Total Residual Chlorine 4 (µg/L) 50060 28 µg/L Quarterly Grab Effluent Footnotes: 1. A Discharge Monitoring Report (DMR) is required to be submitted as specified in Part II, Section D. (2). No later than 270 days from the effective date of this permit begin submitting discharge monitoring reports electronically using NC DWR's eDMR application system. See Special Condition A. (3.): 2. Should any violations of permit limits, monitoring and/or permit conditions arise, monitoring shall increase to monthly, unit such time that three (3) consecutive months of compliance have been achieved. Monitoring can then revert to quarterly. 3. No flow measuring device is required. However, flow should be estimated. 4. 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/1. Samples shall be taken at the. outfall but prior to mixing with the receiving waters. There shall be no discharge of floating solids or foam in other than trace amounts. Also refer to A. (2.) Special Operating Conditions Page 3 of 6 NPDES Permit NCO085464 r , A. (2.) SPECIAL OPERATING CONDITIONS a) When a public or community sewage system becomes available, the permittee shall evaluate any possible connections to a sewer line. b) The Permittee must make points of effluent discharge accessible at all times. c) A certified operator would not be required unless deemed necessary by the Asheville Regional Office and the NPDES program. The homeowner would receive a written notification with a timeline to acquire a certified operator, should this occur. However, the permittee or designated representative must sign the Discharge Monitoring Report Forms. Should review of effluent data indicate noncompliance, a certified operator may be required. d) The documented owner of the Single Family Residence shall be considered the "Proprietor" as specified in U.B.11.a.(2) e) As stated in Footnote 2 of A. (1.), monitoring shall increase to monthly should any violations of permit limits, monitoring and/or permit conditions arise. After three consecutive months of compliance, monitoring can then revert back to quarterly. Page 4 of 6 NPDES Permit NCO085464 A. (3.) ELECTRONIC REPORTING OF DISCHARGE MONITORING REPORTS Proposed federal regulations require electronic submittal of all discharge monitoring reports (DMRs) and specify that, if a state does not establish a system to receive such submittals, then permittees must submit DMRs electronically to the Environmental Protection Agency (EPA). The Division anticipates that these regulations will be adopted and is beginning implementation in late 2013. NOTE: This special condition supplements or supersedes the following sections within Part H of this permit (Standard Conditions for NPDES Permits): • Section B. (11.) • Section D. (2.) • Section D. (6.) • Section E. (5.) Signatory Requirements Reporting Records Retention Monitoring Reports 1. ReAortine [Supersedes Section D. (2.) and Section E. (5.) (a)] Beginning no later than 270 days from the effective date of this permit, the permittee shall begin reporting discharge monitoring data electronically using the NC DWR's Electronic Discharge Monitoring Report (eDMR) internet application. Monitoring results obtained during the previous month(s) shall be summarized for each month and submitted electronically using eDMR. The eDMR system allows permitted facilities to enter monitoring data and submit DMRs electronically using the internet. Until such time that the state's eDMR application is compliant with EPA's Cross -Media Electronic Reporting Regulation (CROMERR), permittees will be required to submit all discharge monitoring data to the state electronically using eDMR and will be required to complete the eDMR submission by printing, signing, and submitting one signed original and a copy of the computer printed eDMR to the following address: NC DENR / DWR / Information Processing Unit ATTENTION: Central Files / eDMR 1617 Mail Service Center Raleigh, North Carolina 27699-1617 If a permittee is unable to use the eDMR system due to a demonstrated hardship or due to the facility being physically located in an area where less than 10 percent of the households have broadband access, then a temporary waiver from the NPDES electronic reporting requirements may be granted and discharge monitoring data may be submitted on paper DMR forms (MR 1, 1. 1, 2, 3) or alternative forms approved by the Director. Duplicate signed copies shall be submitted to the mailing address above. Requests for temporary waivers from the NPDES electronic reporting requirements must be submitted in writing to the Division for written approval at least sixty (60) days prior to the date the facility would be required under this permit to begin using eDMR. Temporary waivers shall be valid for twelve (12) months and shall thereupon expire. At such time, DMRs shall be submitted electronically to the Division unless the permittee re -applies for and is granted a new temporary waiver by the Division. Page 5 of 6 NPDES Permit NC0085464 , Information on eDMR and application for a temporary waiver from the NPDES electronic reporting requirements is found on the following web page: http://portal.ncdenr.or web/wq/adminibo ipu/edmr Regardless of the submission method, 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. 2. Signatory Requirements [Supplements Section B. (11.) (b) and supersedes Section B. (11.) (d)1 All eDMRs submitted to the permit issuing authority shall be signed by a person described in Part 11, Section B. (11.)(a) or by a duly authorized representative of that person as described in Part H, Section B. (11.)(b). A person, and not a position, must be delegated signatory authority for eDMR reporting purposes. For eDMR submissions, the person signing and submitting the DMR must obtain an eDMR user account and login credentials to access the eDMR system. For more information on North Carolina's eDMR system, registering for eDMR and obtaining an eDMR user account, please visit the following web page: htt_p://portal.ncdenr.or web/M/admin/boaJipu/edmr Certification. Any person submitting an electronic DMR using the state's eDMR system shall make the following certification [40 CFR 122.22]. NO OTHER STATEMENTS OF CERTIFICATION WILL BE ACCEPTED: "I 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. I am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for knowing violations. " 3. Records Retention [Supplements Section D. (6.)] The permittee shall retain records of all Discharge Monitoring Reports, including eDMR submissions. These records or copies shall be maintained for a period of at least 3 years from the date of the report. This period may be extended by request of the Director at any time [40 CFR 122.41]. Page 6 of 6 s ' }I ja" r 24 Bet el•C � • . -p ♦ \ r!y � r r P � � •♦� n / 11 L/♦6 . -_ Z.G � n 8 -- N '1 ralle ' T �� Riverbend Rd ,; `� c Ferncliff Dr r - �-- . Swannanoa River Botany Dr = F=r • ` / [flows southwest] �• _ _} //�� 1 Outfall ` . $ • t' 1 ',l.- (flows northeast) )"A 70 i ' � / {• ' y. tl ex % �_._/ G .'y � gyp• . US Hwy 70`- John & Suzanne Pruett Pruett Residence WWTP 1 Riverbend Road, Asheville 28805 State Grid/USGS Ouad: E9SW / Oteen, NC Stream Segment: 6-78 Drainage Basin: French Broad River Basin Sub -Basin: 04-03-02 Latitude: 35' 36' 06" Longitude: 820 28' 04" Stream Class: C HUC: 06010105 ReceivineStream: Swannanoa River Facility Location Scale 1:24,000 North NPDES Permit NCO085464 Buncombe. County J, NPDES PERMIT RENEWAL l `l DRAFT & FINAL CHECK LIST FILE CONTENTS: Facility ���ylU' 4e./� ��'l %`�� ��`�%`��iLt• �✓\ Permit No. Left side: 1t--"BIMS Tracking Slip NPDES Permit Writer: DEREK DENARD Right side: ❑ eamline Package Sheet (to region, only if streamlined) EJ Draft Permit Cover Letter. (add new policy text; summarize major changes to permit) Draft Permit (order: cover, supplement, map, effluent sheets, special conditions) �Fjty Map (E-Map: include facility Outfalls; U and D sample locations) b�' Paet ermit (documents permit writer's issues and re -issue logic) it Writer's Notes (if not in Facts Sheet -- chronology, strategy, DMR Review, RPA, etc.) ❑ Staff Report from Region (as appropriate -- not needed if streamlined) -Old Permit (Text, Effluent Sheets and Special Conditions) PP tt t Application. (New Permit or Renewal; any additional permittee correspondence) owedgement Letter (NPDES Unit written response to Renewal Application) //,q /c i/e' eelRes ponses s(to acknowledgement letter, if any) ❑ Waste Load Allocation (reference date; notes if recalculated for current actio) \�I Note: Italics indicate special conditions not always required or applicable. itted to J u-C v• for Peer Review: Date Admin cutoff date i �Pe Review completed by Date% U ated Public Notice Sys [date] 19 t' Updated BIMS Events: [date] P Y �j [i n Newspaper N ice Received (^ O. Actual Notice 0 j U [ �1 Submitted for Pub c Nott'ce o Zofctua o date s / 1 1�/ ()�l aft Permit [Mailed / maile to (Regional Staff) � �-� `�L 7>`2/� .j by ��� Date �egional /Offs eviewe /Approved by Received on [Date] // / A A ❑ /AitighA-Aeview by [TOX/DWR] initiated by Date Review/Annacoacal-bv 6e/'FINAL Joh / Jeff / Matt / for signature on [date] �/ l —1 Letter Dated ditional Review [other] Final Files transferred to Server (Permits Folder) . BIMS Final Updates: Events !/ Limits LJ Version 17Aug2013 DENR / DWR / NPDES EXPEDITED FACT SHEET - NPDES PERMIT DEVELOPMENT NPDES Permit NCO085464 Derek Denard, Compliance & Expedited Permitting Unit / 919-807-6307 04Dec2014 Facility Information Applicant/Facility Name John & Suzanne Pruett Pruett Residence Wastewater Treatment Plant (WWTP) Applicant Address 1 Riverbend Road, Asheville, North Carolina 28805 Facility Address 1 Riverbend Road, Asheville, North Carolina 28805 Permitted Flow (GPD) 360 GPD Type of Waste 100% Domestic Wastewater Discharge Facility Class not classified County Buncombe Permit Status Renewal Regional Office ARO Stream Characteristics Receiving Stream Swannanoa River Stream Classification C Stream Segment [6-78] Drainage basin French Broad Summer 7Q10 (cfs) 7.69 Subbasin 04-03-02 Winter 7Q10 (cfs) 0.0 Use Support Aquatic Life, Recreation 30Q2 (cfs) 0.0 303(d) Listed No, 6-78d Average Flow (cfs) 0.0 State Grid E9SW IWC (%) 0.01% USGS Topo Quad Oteen, NC Facility SummarX This privately -owned facility is a minor facility (flow <1 MGD) that receives 100% domestic waste. The design capacity of the treatment system is 360 GD. The facility consists of the following water and wastewater treatment units: • Jet Air System • septic tank • aeration chamber • clarification Applicability of General Permit NCG55000 Treatment system requirements (Part 1, Condition A.) for existing systems (built prior to August 1, 2007) • Septic Tank • Sand or media filter component (Single Pass Filter Systems, Multi -Phase Filter Systems) • Disinfection. (All facilities adding chlorination after the August 1, 2007 will also be required to add dechlorination. If a system had chlorination before August 1, 2007, then the addition of dechlorination is to required) This facility does not utilize any filtration media and does not include dechlorination. The permittee does not intend to make these upgrades, and therefore does not qualify for a general permit. Fact Sheet Renewal 2014 -- NPDES Permit NCO085464 Page 1 Monthly, average FLOW (GPD) — Last 26 out of 36 months Ju12011-Jun2014: [Ave 245 GPD; Maximum, Monthly average flow = 360 GPD] For Renewal — This permit reflects discharge at Outfall 001. DWR updated the facility description and Map; added parameter codes to Section A. (L); added Electronic Reporting - Discharge Monitoring Reports page [Section A. (3.)]; added TRC limit; and updated Section A. (2.) Special Operating Conditions. Stream — Discharge from WWTP for outfall 001 is into Swannanoa River [Stream Segment 6-78]. The segment 6-78d at location of Outfall 001 is currently listed as supporting Aquatic Life and Reaction in the 2012 North Carolina Integrated report or 2012 303d list. Total Residual Chlorine (TRC) — A TRC limit is added to this permit. The facility does not include dechlorination. Facility Classification — Since these are single family permits, the division would not automatically classify them in the first place. The Division has decided to not classify single family systems at present. If the facility was classified, it would not technically meet the criteria for Grade 2 simply because of the Jet Air technology. The Rule specifies "activated sludge or fixed growth process". Fact Sheet Renewal 2014 -- NPDES NC0085464 Page 2 ASHEVI I E C,MZEN TIMES VOICE OF THE MOUNTAINS • CITIZEN TMES.com 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 Vicki Harrison, who, being first duly sworn, deposes and says: that she is the Finance Manager 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: October 241h 2014. 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 Statutes of North Carolina. Signed this 241 day of October, 2014 (Signature of person Sworn to and subscribed before me the 241h day of October, 2014. , (I06tiiry Puth d°�®$tlYJJc9�w.. My Coblic ission expires the 5 day of October, 201 &1 (828) 232-5830 1 (828) 253-5092 FAX 0 14 O. HENRY AVE. P.O. BOX 2090 1 ASHEVILLE, NC 28802 1 (800) 800-4204 � GAlWE1T ,I) PUBLIC C) Denard, Derek From: Wiggs, Linda Sent: Monday, November 17, 2014 9:35 AM To: Denard, Derek Subject: jet air Bunc TRC Follow Up Flag: FollowUp Flag Status: Flagged HI Derek I think it best that we omit the TRC limit from NC0085341, NC0085464, NC0085448 and leave it the way it has been in the past as monitor only. If we give them a limit we are only setting them up to violate a permit limit since they do not have dechlor. Please continue with the monitor only for TRC through another permit cycle. Linda.Wiggs@ncdenr.gov Environmental Senior Specialist North Carolina Dept. of Environment and Natural Resources Asheville Regional Office Division of Water Resources - Water Quality Regional Operations 2090 U.S. 70 Highway Swannanoa, NC 28778 Tel: 828-296-4500 Fax: 828-299-7043 Link to Division of Water Resources Home Page http://Portal.ncdenr.org/web/wq Notice: E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and therefore may be disclosed to third parties. 1 Denard, Derek From: Denard, Derek Sent: Thursday, October 23, 2014 10:12 AM To: 'pruett@bellsouth.net'; 'richholderwcei@earthlink.net' Cc: Wiggs, Linda; Davidson, Landon; Reid, Steve Subject: Correction to Draft NPDES permit NCO085464 1 Riverbend Rd Attachments: Derek C Denard2.vcf; NCO085464 Pruett 1 Riverbend Rd permit & eff 2014.pdf Mr. & Pruett, Please find the attached correction to permit NC0085341. The weekly average limits for BOD and Total Suspended Solids of 45 mg/L should have been daily maximums. The weekly average column has been removed from the draft and these limits are now under the correct column for daily maximums in the Part 1 A.(1.) effluent table. This correction is keeps the draft permit consistent with the previous permit. If you have any questions, please contact me. Sincerely, Derek Derek C Denard E�n�sromrrcerta8 S��rt 3 tCDENR Dvsr on of Water Resowces Gon*ance & Evecked Pemuttang UM der @rxdeTw4w IGV5 FAai Service Center, R24a ghr HC :2 09--%17 E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Denard, Derek Sent: Tuesday, October 21, 2014 4:33 PM To: 'pruett@bellsouth. net'; 'rich holderwcei@earthlink.net' Cc: Wiggs, Linda; Davidson, Landon; Reid, Steve Subject: Draft NPDES permit NCO085464 1 Riverbend Rd Asheville Mr. & Mrs. Pruett, Please find the attached draft permit documents for the renewal of the wastewater treatment facility for the Pruett Residence Permit # NCO085464 at 1 Riverbend Road, Asheville, NC 28805. A hard copy will be mailed to you shortly. Concurrent with this notification, the Division will solicit public comment on this draft by publishing a notice in newspapers having circulation in the general Buncombe County area, as required by the NPDES Program. Please provide your comments, if any, to me via email [derek.denard@ncdenr.gov] or write to my attention care of DENR / DWR / NPDES Program no later than November 5, 2014. Your written comments are welcome but not mandatory. Following the mandatory 30-day public comment period, the Division will review all pertinent comments on your permit draft, and take appropriate action prior to issuing your NPDES permit final. If you have questions concerning this draft, please e-mail me or call my direct line (919) 807-6307. Derek C Denard Ery&mr entai specia&t NCDE4RDmium of WateiResowces Compfiance & Expedited Perrnit[ftrg Urit (91%&37-6W7 der _W,? .1617 M2M San x Cantw, R2421h. W 2i6'-:31617 bTx-tat ncdcn;r.AagrraDAggis��i`�npdas E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. Denard, Derek From: Wiggs, Linda Sent: Wednesday, October 22, 2014 11:35 AM To: Denard, Derek Subject: stop the presses :) between you and me Follow Up Flag: FollowUp Flag Status: Flagged I just realized we changed the effluent limits to NOT include "Daily Max" of 45 mg/I. We need to scratch the weekly average and go back to the Monthly Avg (30) and Daily Max (45), as the previous permit was written. I am sorry I didn't catch this sooner, but since we (ARO) have looked at these systems for compliance based on annual average, we prefer that daily max. HOWEVER, if this is going to open a can of worms and require John or -`" (�� Linda.Wiggs@ncdenr.gov Environmental Senior Specialist North Carolina Dept. of Environment and Natural Resources Asheville Regional Office Division of Water Resources - Water Quality Regional Operations 2090 U.S. 70 Highway Swannanoa, NC 28778 Tel: 828-296-4500 Fax: 828-299-7043 Link to Division of Water Resources Home Page http://Dortal.ncdenr.org/web/wq Jeff to evaluate this then nevermind, leave it as is. Notice: E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and therefore may be disclosed to third parties. w w S�e p � ��� ..J � nth•. �«' �'®. t 3^ ` E i r 1 ` K,". • r W ' •� .ykj Y•-.. ; i"r iYf Y'-1;4 illi � r Denard, Derek From: Wiggs, Linda Sent: Friday, October 17, 2014 3:57 PM To: Denard, Derek Subject: ARO comments Comments on draft NC0085464, NC0085448, NCO085341: Fact sheet - Applicability of General Permit: These three systems do have disinfection, so I suggest removing the word disinfection from you sentence. Or remove the entire General Permit section since we are not going that route at this time. Permit Page 1 of 6. Scratch my comment to you on the phone about the permit #, I was wrong! Permit Page 3 of 6. Suggest removing footnote 4. Permit Page 4 of 6 A. (3) Special Operating Conditions a). Replace the word "should" with "shall". I should be able to get you staff reports by the end of next week. However, as we discussed ARO plans to recommends issuance of these three permits. Linda.Wiggs@ncdenr.gov Environmental Senior Specialist North Carolina Dept. of Environment and Natural Resources Asheville Regional Office Division of Water Resources - Water Quality Regional Operations 2090 U.S. 70 Highway Swannanoa, NC 28778 Tel: 828-296-4500 Fax: 828-299-7043 Link to Division of Water Resources Home Page http://Porta1.ncdenr.org/web/wq Notice: E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and therefore may be disclosed to third parties. (�jl C(� �Iti ('0(LA010 S Denard, Derek From: Reid, Steve Sent: Thursday, September 04, 2014 8:58 AM To: Denard, Derek Subject: RE: Question about facility classificatin for three individual single family NC008534, NC0085448, NCO085464 Derek - Since these are single family permits, we would not automatically classify them in the first place. The Division has decided to not classify single family systems at present. If they were to be classified, they would not technically meet the criteria for Grade 2 simply because of the Jet Air technology. The Rule specifies "activated sludge or fixed growth process". While these septic tank/Jet Air systems could possibly be construed as such, I don't think the intent of the Rule was to include this level of treatment in that classification. It's basically a septic tank with an aerator in it. No mixed liquor, no return activated sludge. Pretty simple. It is encouraging that they have an operator looking at them, though I'm not sure what there is to actually 'operate', except for occasional pumping out of the tanks. Hope this helps clear up the situation a bit. There's always the possibility of classifying them if the RO staff have issues with them or feel compelled for some reason or other to do so, but I would wait for that to come from them. Let me know if you have further questions. Thanks! Steve Reid - Extension Education & Training Specialist NCDENR / Division of Water Resources / Operator Certification Program PH:919.707.9108 FX:919.715.2726 steve.reid@ncdenr.gov http://Portal.ncdenr.org/web/wg/admin/tacu or ncwater.org/wwcert Office: 1209 - G (Archdale Bldg) Mail: 1618 Mail Service Ctr, Raleigh NC 27699-1618 Physical address: 512 N. Salisbury St., Raleigh NC 27601 Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties unless the content is exempt by statute or other regulation. From: Denard, Derek Sent: Tuesday, September 02, 2014 2:31 PM To: Reid, Steve Subject: Question about facility classificatin for three individual single family NC008534, NC0085448, NCO085464 Steve, I had a question for you about facility classification for three single family individuals permits NC008534, NC0085448, NCO085464 (see the attachments of drafts with factsheets). All three have a licensed operator Richard Holder WW-2 14055, SS 991041 visiting. Should these be classified WW-2 since they have Jet Air System. Look at the facility description for more details. Thanks, Derek Derek C Denard Er�imnmerta Spa6a ,.t NCDENR UVW, of Water Resoaces Corraleame & Exoe+Rea DerKrtt rg UM *1133} 807-6307 dere+cderard@mder,rVw IW )AaasaniuCwntar, RaQj,,, r-:1ss9-1sr �t'fSaxtra.ncd��rcrq,hnau,F��7lsxy t;,�,�,ydas E-mail correspondence to and from this address may be subject to the North Carolina public Records Law and may be disclosed to third parties. IWC Calculations Facility: Pruett Residence WWTP NC0085464 Prepared By: Derek Denard Enter Design Flow (MGD): 0.00036 Enter s7Q10 (cfs): 7.69 Enter w7Q10 (cfs): 0 Total Residual Chlorine (TRC) Ammonia (Summer) Daily Maximum Limit (ug/1) Monthly Average Limit (mg NH3-N/1) s7Q10 (CFS) 7.69 s7Q10 (CFS) _7.69 DESIGN FLOW (MGD) 0.00036 DESIGN FLOW (MGD) 0.00036 DESIGN FLOW (CFS) 0.000558 DESIGN FLOW (CFS) 0.000558 STREAM STD (UG/L) 17.0 STREAM STD (MG/L) 1.0 Upstream Bkgd (ug/1) 0 Upstream Bkgd (mg/1) 0.22 IWC (%) 0.01 IWC (%) 0.01 Allowable Conc. (ug/1) 234300 Allowable Conc. (mg/1) 10750.5 Ammonia (Winter) Monthly Average Limit (mg NH3-N/1) Fecal Coliform w7Q10 (CFS) 0 Monthly Average Limit: 4ot Required DESIGN FLOW (MGD) 0.00036 (If DF >331; Monitor) DESIGN FLOW (CFS) 0.000558 (If DF<331; Limit) STREAM STD (MG/L) 1.8 Dilution Factor (DF) 13782.36 Upstream Bkgd (mg/1) 0.22 IWC (%) 100.00 Allowable Conc. (mg/1) 1.8 Total Residual Chlorine 1. Cap Daily Max limit at 28 ug/I to protect for acute toxicity Ammonia (as NH3-N) 1. If Allowable Conc > 35 mg/I, Monitor Only 2. Monthly Avg limit x 3 = Weekly Avg limit (Municipals); capped at 35 mg/1 3. Monthly Avg limit x 5 = Daily Max limit (Non-Munis); capped at 35 mg/I 4. BAT for Minor Domestics: 2 mg/I (summer) and 4 mg/I (winter) 5. BAT for Major Municipals: 1 mg/I (year-round) Fecal Coliform 1. Monthly Avg limit x 2 = 400/100 ml = Weekly Avg limit (Municipals) = Daily Max limit (Non -Muni) NPDES Server/Current Versions/WLA; TB 1/16/2009 Permit Facility Outfall Month Year Parameter Sample UoM Value Cell Type corrected to gpd NC0085464 John M Pruett - 1 River 001 9 2011 50050 - Flow, Grab gpd 0.00024 CAMONAVG 240 2 NC0085464 John M Pruett - 1 River 001 10 2011 50050 - Flow, Grab gpd 0.00024 CAMONAVG 240 7 NC0085464 John M Pruett - 1 River 001 11 2011 50050 - Flow, Grab gpd 0.00024 CAMONAVG 240 H NC0085464 John M Pruett - 1 River 001 12 2011 50050 - Flow, Grab gpd 0.00024 CAMONAVG 240 5 NC0085464 John M Pruett - 1 River 001 1 2012 50050 - Flow, Grab gpd 24 CAMONAVG 240 F NC0085464 John M Pruett - 1 River 001 2 2012 50050 - Flow, Grab gpd 0.00024 CAMONAVG 240 NC0085464 John M Pruett - 1 River 001 3 2012 50050 - Flow, Grab gpd 0.00024 CAMONAVG 240 9 NC0085464 John M Pruett - 1 River 001 4 2012 50050 - Flow, Grab gpd 0.00024 CAMONAVG 240 NC0085464 John M Pruett - 1 River 001 5 2012 50050 - Flow, Grab gpd 0.00024 CAMONAVG 240 6o NC0085464 John M Pruett - 1 River 001 6 2012 50050 - Flow, Grab gpd 0.00024 CAMONAVG 240 c/ NC0085464 John M Pruett - 1 River 001 7 2012 50050 - Flow, Grab gpd 0.00024 CAMONAVG 240 (2 NC0085464 John M Pruett - 1 River 001 12 2012 50050 - Flow, Grab gpd 0.00024 CAMONAVG 240 1 NC0085464 John M Pruett - 1 River 001 1 2013 50050 - Flow, Grab gpd 0.00024 CAMONAVG 240 I NC0085464 John M Pruett - 1 River 001 2 2013 50050 - Flow, Grab gpd 0.00024 CAMONAVG 240 is NC0085464 John M Pruett - 1 River 001 3 2013 50050 - Flow, Grab gpd 0.00012 CAMONAVG 120 IL NC0085464 John M Pruett - 1 River 001 4 2013 50050 - Flow, Grab gpd 0.00024 CAMONAVG 240 1) NC0085464 John M Pruett - 1 River 001 5 2013 50050 - Flow, Grab gpd 0.00024 CAMONAVG 240 ($ NC0085464 John M Pruett - 1 River 001 6 2013 50050 - Flow, Grab gpd 0.00024 CAMONAVG 240 (`1 NC0085464 John M Pruett - 1 River 001 7 2013 50050 - Flow, Grab gpd 0.00024 CAMONAVG 240 W NC0085464 John M Pruett - 1 River 001 8 2013 50050 - Flow, Grab gpd 0.00024 CAMONAVG 240 � NC0085464 John M Pruett - 1 River 001 9 2013 50050 - Flow, Grab gpd 0.00024 CAMONAVG 240 22 NC0085464 John M Pruett - 1 River 001 10 2013 50050 - Flow, Grab gpd 0.00024 CAMONAVG 240 -1) NC0085464 John M Pruett - 1 River 001 11 2013 50050 - Flow, Grab gpd 0.00024 CAMONAVG 240 ,14 NC0085464 John M Pruett - 1 River 001 12 2013 50050 - Flow, Grab gpd 0.00024 CAMONAVG 240 Li NC0085464 John M Pruett - 1 River 001 2 2014 50050 - Flow, Grab gpd 0.00036 CAMONAVG 360 TANC0085464 John M Pruett - 1 River 001 3 2014 50050 - Flow Grab gpd 0.00036 CAMONAVG 360 average 245 monthly, maximum average 360 2012 North Carolina Integrated Report French Broad River Basin 10-digit Watershed 0601010506 Swannanoa River > AU Number Name Description Length or Area Units Classification Category Category Rating Use Reason for Rating Parameter Year > 6-78-23b Ross Creek (Lake From 1-240 to backwaters of Lake Kenilworth 1.1 FW Miles B 5 Kenilworth) 5 Impaired Aquatic Life Poor Bioclassification Ecological/biological Integrity Benthos 2000 > 6-78-23c Ross Creek (Lake Lake Kenilworth 12.0 FW Acres B 2 Kenilworth) 1 Supporting Water Supply No Criteria Exceeded Water Quality Standards Water Supply > 6-78b Swannanoa River From North Fork Swannanoa River to Beetree Creek 4.6 FW Miles C 2 1 Supporting Aquatic Life Good Bioclassification Ecological/biological Integrity FishCom 1 Supporting Aquatic Life Good -Fair Bioclassificati Ecological/biological Integrity Benthos > 6-78d Swannanoa River From Bull Creek to French Broad River 11.5 FW Miles C 1 Supporting Water Supply No Criteria Exceeded Water Quality Standards Water Supply > 6-78a Swannanoa River From source to North Fork Swannanoa River 7.0 FW Miles C 5 5 Impaired Aquatic Life Fair Bioclassification Ecological/biological Integrity Benthos 2006 > 6-78c Swannanoa River From Beetree Creek to Bull Creek 2.6 FW Miles C 1 Supporting Aquatic Life Good -Fair Bioclassificati Ecological/biological Integrity Benthos 2 Monday, March 25, 2013 Category 5 Assessments Approved by EPA August 10, 2012 Page 151 of 554 Wren Thedford NC DENR / DWR / NPDES Unit 1617 Mail Service Center Raleigh, NC 27699-1617 Rich Holder Western Carolina Environmental Inc. 115 Delaware Avenue Asheville, NC 28806 Wren Thedford, I am writing to request the renewal of the permit for the Pruett WWTP, # NCO085464 for the Pruett residency, at #1 Riverbend Road, Asheville, NC 28805. Attached is the NPDES application Form D. The system consist of a Jet Air treatment plant Septic chamber Aeration chamber Clarification chamber The system is pumped by a local septic pumper every 3 years or when needed. T rik You,, Rich Holder RECEIVED/DENR/DWR AUG 14 2014 Water Quaiity Permitting Section 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 Resources / NPDES Program 1617 Mail Service Center, Raleigh, NC 27699-1617 NPDES Permit INCO085464 If you are completing this form in computer use the TAB key or the up - down arrows to move 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 John and Suzanne Pruett Facility Name Pruett WWTP Mailing Address 1 Riverbend Road City Asheville State / Zip Code NC, 28805 Telephone Number (828)337-8097 Fax Number ( ) e-mail Address pruett4@bellsouth.net bellsouth.net 2. Location of facility producing discharge: Check here if same address as above Street Address or State Road City State / Zip Code County 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 Western Carolina Environmental INC. Mailing Address 115 Delaware Avenue City Asheville State / Zip Code NC, 28806 Telephone Number (828)337-8097 Fax Number ( ) e-mail Address richholderwcei@earthlink.net 1 of 4 Form-D 9/2013 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 ❑ Number of Employees Commercial ❑ Number of Employees Residential ® Number of Homes 1 School ❑ Number of Students/Staff Other ❑ Explain: Describe the source(s) of wastewater (example: subdivision, mobile home park, shopping centers, restaurants, etc.): One residential home Number of persons served: 4 5. Type of collection system ® Separate (sanitary sewer only) ❑ 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) (NEW applicants: Provide a map showing the exact location of each outfall): Swananoa River 8. Frequency of Discharge: ❑ Continuous ❑ Intermittent If intermittent: Days per week discharge occurs: 7 Duration: 1OHrs 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. Jet Air System Three compartment system 1: trash, septic tank for solids removal 2: Aeration chamber 3: Clarification Pump tank every 3 years 2 of 4 Form-D 9/2013 NPDES APPLICATION - FORM D For privately -owned treatment systems treating 100% domestic wastewaters <1.0 MGD 10. Flow Information: Treatment Plant Design flow 360 GD Annual Average daily flow 240 GD (for the previous 3 years) Maximum daily flow 360 GD (for the previous 3 years) 11. Is this facility located on Indian country? ❑ Yes ® No 12. Effluent Data NEW APPLICANTS: 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. RENEWAL APPLICANTS: Provide the highest single reading (Daily Maximum) and Monthly Average over the nest .3h months for parameters currentlu in uour permit. Mark other parameters "N/A". Parameter Daily Maximum Monthly Average Units of Measurement Biochemical Oxygen Demand (BODs) 69 35.7 Mg/ L Fecal Coliform Total Suspended Solids 81 34.2 Mg/L Temperature (Summer) Temperature (Winter) PH 7.2 7 13. List all permits, construction approvals and/or applications: Type Permit Number Type Hazardous Waste (RCRA) UIC (SDWA) NPDES PSD (CAA) Non -attainment program (CAA) 0085464 14. APPLICANT CERTIFICATION NESHAPS (CAA) Ocean Dumping (MPRSA) Dredge or fill (Section 404 or CWA) Other Permit Number 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 accur#trEIVED/DENR/DWR Richard K Holder Operator AUG t 4 2014 PrinWd name of Person Signing Title ture of Applicant to /Gy Water Quality Permitting Section 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.) 4 of 4 Form-D 9/2013 *t 1&t1&�� NCDENR North Carolina Department of Environment and Natural Resources Beverly Eaves Perdue Governor John and Suzanne Pruett 1 Riverbend Road Asheville, North Carolina Dear John and Suzanne Pruett: 28803 Division of Water Quality Coleen H. Sullins Director October 8, 2009 Subject: NPDES Permit Modification Permit No. NCO085464 Pruett Residence WWTP Buncombe County Dee Freeman Secretary A Final NPDES permit issued on July 26, 2007 was contested by John and Suzanne Pruett primarily due to concerns associated with certain monitoring and reporting conditions. Subsequently, a Settlement Agreement signed by John and Suzanne Pruett and the Division on September 10, 2009, specified revised monitoring and reporting requirements that are incorporated into this final permit modification. This permit modification 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 May 9, 1994 (or as subsequently amended). This permit modification includes the changes listed below. ■ Quarterly monitoring beginning 3 years from the permit effective date, with increased monitoring should any permit limits/monitoring violations arise. This permit is not transferable except after notice to the Division. The Division may require modification or revocation and reissuance of the permit. This permit does not affect the legal requirements to obtain other permits which may be required by the Division of Water Quality, the Division of Land Resources, the Coastal Area Management Act, or any other federal or local governmental permit. If you have any questions concerning this permit modification, please contact Bob Guerra at telephone number (919) 807- 6387. S>l erely, ll�Vl een H. Sullins, Director l Att: odified NPDES Permit No. NCO085464 cc: Asheville Regional Office, Surface Water Protection, Attn: Roger Edwards NPDES File Central files 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Location: 512 N. Salisbury St. Raleigh, North Carolina 27604 Phone: 91M07-63871 FAX: 919.807-64951 Customer Service:1-877-623-6748 Internet: www.ncwaterquality.org An Equal Opportunity \ Affirmative Action Employer ne NorthCarolina ;Vaturallr, i 60 C 11j0 Permit NCO085464 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 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, the John & Suzanne Pruett is hereby authorized to discharge wastewater from a facility located at the Pruett Residence WWTP 1 Riverbend Road East of Asheville Buncombe County to receiving waters designated as the Swannanoa River in the French Broad 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 October 1, 2009. This permit and authorization to discharge shall expire at midnight on September 30, 2014. Signed this day October 1, 2009. 90 Co en H. Sullins, Director /ivision of Water Quality By Authority of the Environmental Management Commission J Permit NCO085464 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. John & Suzanne Pruett is hereby authorized to: 1. Continue to operate an existing 360 GPD jet -aeration wastewater treatment system. This facility is located near Asheville at 1 Riverbend Road at the Pruett residence WWTP in Buncombe County. 2. Discharge from said treatment works at the location specified Outfall 001, on the attached map into the Swannanoa River, classified C waters in the French Broad River Basin. John Pruett Residence Facility Single Family WWTP Location Latitude: 35' 36' 04" N State Grid: Oteen not to scale Longitude: 82° 28' 04" W Permitted Flow: 360 GPD Receiving Stream: Swannanoa River Drainage Basin: French Broad River Basin 7 NPDES Permit No. NC0085464 Stream Class: C Sub -Basin: 04-03-02 TNoo rt' I I Buncombe County OCT 13 09 f Permit NC0085464 A. (1.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS - During the period beginning on the effective date of this permit and lasting until three (3) years from the effective date, the Permittee is authorized to discharge from outfall 001. Such discharges shall be limited and monitored by the Permittee as specified below: EFFLUENT CHARACTERISTICS LIMITS MONITORING REQUIREMENTS1 Monthly Average Daily Maximum Measurement Frequency Sample Type Sample Location Flow3 360 gallons/day Annually BOD, 5-day (20°C) 30.0 mg/L 45.0 mg/L Annually Grab Effluent Total Suspended Solids 30.0 mg/L 45.0 mg/L Annually Grab Effluent pH2 Monitor & Report Annually Grab Effluent Total Residual Chlorine Monitor & Report Annually Grab Effluent Footnotes: 1. A Discharge Monitoring Report (DMR) is required to be submitted annually as specified in Part II Section D (2). 2. The pH shall not be less than 6.0 standard units nor greater than 9.0 standard units. 3. No flow measuring device is required. However, flow should be estimated. There shall be no discharge of floating solids or visible foam in other than trace amounts. Also refer to A. (3.) Special Operating Conditions Permit NCO085464 A. (2.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS During the period beginning three (3) years from the effective date of this permit and lasting until permit 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 LIMITS MONITORING REQUIREMENTS1 Monthly Average Daily Maximum Measurement Frequency 4 Sample Type Sample Location Flow3 360 gallons/day Quarterly BOD, 5-day (20°C) 30.0 mg/L 45.0 mg/L Quarterly Grab Effluent Total Suspended Solids 30.0 mg/L 45.0 mg/L Quarterly Grab Effluent pH2 Monitor & Report Quarterly Grab Effluent Total Residual Chlorine Monitor & Report Quarterly Grab Effluent Footnotes: 1. A Discharge Monitoring Report (DMR) is required to be submitted as specified in Part II, Section D. (2). 2. The pH shall not be less than 6.0 standard units nor greater than 9.0 standard units. 3. No flow measuring device is required. However, flow should be estimated. 4. Should any violations of permit limits, monitoring and/or permit conditions arise, monitoring shall increase to monthly, until such time that three (3) consecutive months of compliance have been achieved. Monitoring can then revert to quarterly. There shall be no discharge of floating solids or visible foam in other than trace amounts. Also refer to A. (3.) Special Operating Conditions Permit NCO085464 A. (3.) SPECIAL OPERATING CONDITIONS a) During the 3-year period prior to the increased effluent monitoring requirements reflected in A. (2.), the permittee should evaluate any possible connections to the Buncombe County MSD sewer line (COMPLETED). b) The Permittee must make points of effluent discharge accessible within 30 days of the effective date of the permit. c) A certified operator would not be required unless deemed necessary by the Asheville Regional Office and the NPDES program. The homeowner would receive a written notification with a timeline to acquire a certified operator, should this occur. However, the permittee or designated representative must sign the Discharge Monitoring Report Forms. Should review of effluent data indicate noncompliance, a certified operator may be required. d) The documented owner of the Single Family Residence shall be considered the "Proprietor" as specified in II.B.11.a.(2) e) As stated in Footnote 4 of A. (2.), monitoring shall increase to monthly should any violations of permit limits, monitoring and/or permit conditions arise. After three consecutive months of compliance, monitoring can then revert back to quarterly. A. (4.) Total Residual Chlorine Monitoring Should discharge of wastewater continue to be the most feasible option, a Total Residual Chlorine limit of 28 ug/L (Daily Maximum) will be imposed during the next permit renewal. "I't,47�A FIVn 0 C T 13 04 Guerra, Bob From: Belnick, Tom Sent: Friday, September 11, 2009 6:08 PM To: Guerra, Bob Subject: FW: Binkleman et al. v. DENR, DWQ (OAH file no. 07 EHR 1380) Attachments: Sueanna P Sumpter.vcf; executed settlement agreement Walling.pdf; executed settlement agreement Patrizio.pdf; executed settlement agreement Pruett.pdf BobG- looks like these were finally settled. I'll talk with you next week. Tom Belnick Supervisor, NPDES West Program NC DENR/Division of Water Quality 1617 Mail Service Center, Raleigh, NC 27699-1617 (919) 807-6390; fax (919) 807-6495 E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Sumpter, Sueanna [mailto:WOssumpt@ncdoj.gov] Sent: Thursday, September 10, 2009 3:52 PM To: johnhunter@jchlawfirm.com Cc: Belnick, Tom; Wilson, Susan A; Edwards, Roger Subject: Binkleman et al. v. DENR, DWQ (OAH file no. 07 EHR 1380) Hi John, The settlement agreements have now been fully -executed and pdf copies are attached. I am sending you duplicate originals of the Walling and Patrizio agreements, and a copy of the Pruett agreement (there was only one original). Please call me if you have any questions. Thanks. Sueanna Sueanna P. Sumpter North Carolina Department of Justice Attorney General's VIestern Office 42 N French Broad Avenue Asheville, NC 23301 Assistant Attorney General Rhone: [323] 251-6033 Fax: [323] 251-6333 .,,�ossumpt �ncdoj.gov f � I STATE OF NORTH CAROLINA IN THE OFFICE OF ADMINISTRATIVE HEARINGS COUNTY OF BUNCOMBE 07 EAR 1380 Charles Binkelman, Molly Walling, Gordon & Kim Patrizio, John & Susie Pruitt, Petitioners, V. DENR, Division of Water Quality, Respondent. CONSENT AGREEMENT AND SETTLEMENT The petitioners, John and Suzanne (Susie) Pruitt, and the respondent, North Carolina Department of Environment and Natural Resources, Division of Water Quality ("DWQ"), hereby enter into this Consent Agreement and Settlement ("Agreement") in order to resolve matters in controversy between them pursuant to N.C.G.S. § 150B-31(b) . This above -captioned matter arose out of the 26 July 2007 issuance by DWQ to petitioners of a renewed discharge permit', No. NCO085464 ("the permit"). The permit, as renewed, authorized the continued operation of an existing 360 GPD wastewater treatment system, located at the petitioners' residence, and the continued discharge of treated wastewater from the facility into the Swannanoa River in the French Broad River Basin. k. 1 Petitioners brought this action to challenge certain monitoring and reporting conditions of the permit. The parties subsequently engaged in settlement negotiations in the above -styled action and developed draft amendments to the permit conditions at issue which are agreeable to both. Therefore, without any trial of fact or law in the above - styled matter, THE PARTIES AGREE THAT: 1. Within ten_..(10) days following full execution of this Agreement, the respondent, DWQ, will issue to the petitioners an amended permit containing the same monitoring and reporting terms and conditions as developed and agreed to by the parties. Copies of those pages of the permit containing the proposed amended terms and conditions are attached to this Agreement, marked "Exhibit A," and incorporated by reference herein. The petitioners' amended permit will be issued by the tenth day of the next month following full execution of this Agreement, will be effective for a period of five years from the date of its issuance, and the quarterly monitoring and reporting requirements required by it will -become effective three years following its issuance. Except as amended pursuant to this Agreement, the renewed permit issued to the petitioners on 26 July 2007 shall remain in full force and effect. 2. By execution of this Agreement, petitioners accept and agree not to challenge the terms and conditions of the amended permit to be issued pursuant to Paragraph 1, above. i 3. Petitioners explicitly waive their right to a contested case hearing in this matter and additionally agree to withdraw their petition for contested case hearing previously filed with the Office of Administrative Hearings in the above -captioned matter. Petitioners shall file a notice of withdrawal of request for contested case hearing within ten (10) days following full execution of this Agreement. FOR THE PETITIONERS: THE JOHN C. HUNTER LAW FIRM PLLC Attorneys for the petitioner By: JoWn C. Hunter The Biltmore Building One North Pack Square, Suite 418 Asheville NC 28801 Date: i3 Q PETITIONERS John Pruitt Su nne (Susie) PruLtt 1 Riverbend Drive Asheville >NC 28805 Date: d Z d / FOR THE RESPONDENT: ROY COOPER Attorney General A_Z�� Sueanna P. Sumpter Assistant Attorney General .N.C. Department of Justice - 42 N. French Broad Avenue Asheville %NC 28802 . Date : DIVISION OF WATER QUALITY QUALITY omas J. Be nick Supervisor Western NPDES Program Date: Permit NCO085464 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 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, the John & Suzanne Pruett is hereby authorized to discharge wastewater from a facility located at the Pruett Residence WWTP 1 Riverbend Road East of Asheville Buncombe County to receiving waters designated as the Swannanoa River in the French Broad River Basin. in accordance with effluent limitations, monitoring requirements, and other conditions set forth in Parts I, 11, III and IV hereof. This permit shall become effective XXXX This permit and authorization to discharge shall expire at midnight on XXXX Signed this day XXXX. DRAFT REVISION Coleen H. Sullins, Director Division of Water Quality By Authority of the Environmental Management Commission Exhibit A Permit NCO085464 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. John & Suzanne Pruett is hereby authorized to: 1. Continue to operate an existing 360 GPD jet -aeration wastewater treatment system. This facility is located near Asheville at 1 Riverbend Road at the Pruett residence WWTP in Buncombe County. 2. Discharge from said treatment works at the location specified Outfall 001, on the attached map into the Swannanoa River, classified C waters in the French Broad River Basin. Exhibit A Permit NC0085464 A. (1.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS During the period beginning on the effective date of this permit and lasting until three (31 years from the effective date, the Permittee is authorized to discharge from outfall 001. Such discharges shall be limited and monitored by the Permittee as specified below: Ef,FL'UEN CHARACTERISTICS `lIMITSMOIVITC�RING NfontiN. ! 1 Aver a jMax"imum. REQUIREMENTS :Me``'surement' Fre uenc S'mpleType' Safnple;L'ocafio`n Flow3 360 gallons/day Annually BOD, 5-day (20°C) 30.0 mg/L 45.0 mg/L Annually Grab Effluent Total Suspended Solids 30.0 mg/L 45.0 mg/L Annually Grab Effluent pH2 Monitor & Report Annually Grab Effluent Total Residual Chlorine Monitor & Report Annually Grab Effluent Footnotes: 1. A Discharge Monitoring Report (DMR) is required to be submitted annually as specified in Part II Section D (2). 2. The pH shall not be less than 6.0 standard units nor greater than 9.0 standard units. 3. No flow measuring device is required. However, flow should be estimated. There shall be no discharge of floating solids or visible foam in other than trace amounts. Also refer to A. (3.) Special Operating Conditions Exhibit A Permit NC0085464 A. (2.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS During the period beeinninx three 131 years from the effective date of this permit and lastine until permit 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 LIMITS° I" - 4i f�bIOIt1f�G`R1=QUIREMENTa r_ . Monthl Ayerag I ximum _ Elmeasurement, W", FrequencyM jSiiFPl'FLY6-C-at 0 Flow3 360 gallons/day Quarterly BOD, 5-day (20°C) 30.0 mg/L 45.0 mg/L Quarterly Grab Effluent Total Suspended Solids 30.0 mg/L 45.0 mg/L Quarterly Grab Effluent pH2 Monitor & Report Quarterly Grab Effluent Total Residual Chlorine Monitor & Report Quartedy Grab Effluent Footnotes: 1. A Discharge Monitoring Report (DMR) is required to be submitted as specified in Part II, Section D. (2). 2. The pH shall not be less than 6.0 standard units nor greater than 9.0 standard units. 3. No flow measuring device is required. However, flow should be estimated. 4. Should any violations of permit limits, monitoring and/or permit conditions arise, monitoring shall increase to monthly, until such time that three (3) consecutive months of compliance have been achieved. Monitoring can then revert to quarterly. There shall be no discharge of floating solids or visible foam in other than trace amounts. Also refer to A. (3.) Special Operating Conditions Exhibit A Permit NCO085464 A. (3.) SPECIAL OPERATING CONDITIONS a) During the 3-year period prior to the increased effluent monitoring requirements reflected in A. (2.), the permittee should evaluate any possible connections to the Buncombe County MSD sewer line (COMPLETED). b) The Permittee must make points of effluent discharge accessible within 30 days of the effective date of the permit. c) A certified operator would not be required unless deemed necessary by the Asheville Regional Office and the NPDES program. The homeowner would receive a written notification with a timeline to acquire a certified operator, should this occur. However, the permittee or designated representative must sign the Discharge Monitoring Report Forms. Should review of effluent data indicate noncompliance, a certified operator may be required. d) The documented owner of the Single Family Residence shall be considered the "Proprietor" as specified in II.B.1 La.(2) e) As stated in Footnote 4 of A.(2.), monitoring shall increase to monthly should any violations of permit limits, monitoring and/or permit conditions arise. After three consecutive months of compliance, monitoring can then revert back to quarterly. A. (4.) Total Residual Chlorine Monitoring Should discharge of wastewater continue to be the most feasible option, a Total Residual Chlorine limit of 28 ug/L (Daily Maximum) will be imposed during the next permit renewal. Exhibit A Mr. & Mrs. Pruett 1 Riverbend Road Asheville, North Carolina Dear Mr. & Mrs. Pruett: 28803 Michael F. Easley, Govemor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Coleen H. Sullins, Director Division of Water Quality July 26, 2007 Subject: Issuance NPDES Permit NCO085464 Pruett Residence WWTP Buncombe County �.�. ro-.�-1 ... .-I:��a: �.- 1-1-.. �.��VV 1 1 LILT ....L.:.. A .,. ..-.Y:♦ UIVI,31U[I � IVI3UIIIIGI IIQVC 1CVICVVt::U CIIIU C1YYIVVCV YVUI CIPPIILCrtlVll IVI ICI ICVVQI VI uIc auulcur Nc1IInr. Accordingly, we are forwarding the attached 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 May 9, 1994 (or as subsequently amended). This permit includes no major changes from the draft permit sent to you on March 28, 2007. 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 150E 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 decision shall be final and binding. On May 21, 2007, the Division of Water Quality (DWQ) received a letter from the office of John C. Hunter requesting clarification of certain conditions in the Draft NPDES permits issued to Mr. Binkelman NC0085456, Ms. Walling NC0085341, Mr. Patrizio NCO085448 and Mr. Pruett NC0085464. The Division offers the following responses to his questions with issuance of each individual permit. Sianator reauirement for sinale-familv residences All of the residence owners have signed and submitted applications for permit renewals and have indicated they are the "Owners" of the wastewater treatment systems that produce a wastewater discharge. While the Division understands the literal requirement of the Code of Federal Regulations, for the case of the single-family residences, the homeowner(s) are signators and "Sole proprietors". While the Division will not modify the "Boiler Plate Language" of the permits, the language will be clarified under the effluent requirements. Reliability Requirements At this time, due to the size and de minimus potential impact should a power failure occur, the Division will waive the reliability requirement. The last sentence of paragraph states that backup power is required only when necessary to achieve compliance with the conditions of the permit. Flow Measurement It is implied that the maximum amount of wastewater, which can be discharged from a single-family residence is 120 gallons per bedroom. While measurement device will not be required for the treatment facilities, flow can be estimated for the annual requirement. Please work with the Asheville Regional Office for this estimation. NorthCarolina ,Vaturally North Carolina Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Phone (919) 733-7015 Customer Service Internet: www.ncwaterqualitv.org Location. 512 N. Salisbury St. Raleigh, NC 27604 Fax (919) 733-2496 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper Outfall Requirements It is the responsibility of the permittee to ensure access to the outfall line. Discharge points are noted and documented by information presented by the permittee within the permit renewal application. If the permittee has GIS information other than what was submitted in their permit renewal applications please have them forward the information to the DWQ for a more precise map/location of the discharge outfalls from their treatment systems. Response to Specific Permit Conditions Monitorina Freauenc The proposed frequency of 1/month is less than any standard individually permitted domestic waste discharge. The Division cannot modify these frequencies at this time. The Division hopes that the homeowners will seek out and find an alternative to discharge prior to the effective date of the increased monitoring requirements. Connection to MSD Buncombe The DWO understands the nntential cnst of connection to uon Tha hnmanwnP.rc mi ist nrnviria thic information to eliminate this, if it is a cost prohibitive option. Significant Noncompliance Non-compliance indicates the wastewater discharge exceeds permit limits as noted in the permit. A certified operator would not be required unless deemed necessary by the Asheville Regional Office and the NPDES program. The homeowner would receive a written notification with a timeline to acquire a certified operator, should this occur. Please accept these responses and clarifications to the above referenced NPDES Permits. The DWQ understands these permit conditions and requirements can be challenging and sometimes difficult to comply with. This is the reason why all Individual NPDES permits must be put out for public notice to allow for feedback from perspective permit holders and the public. The Division hopes that the four homeowners will work together to,find an alternative to discharge to the Swannanoa River. Please note that this permit is not transferable except after notice to the Division. The Division may require modification or revocation and reissuance of the permit. 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, the Coastal Area Management Act or any other Federal or Local governmental permit that may be required. If you have any questions concerning this permit, please contact Bob Guerra at telephone number (919) 733-5083, extension 539. Sincerely, p_,— Coleen H. Sullins cc: Central Files Asheville Regional Office / Surface Water Protection NPDES Unit The John C. Hunter Law Firm PLLC The Biltmore Building, Suite 418 One North Pack Square Asheville, NC 28801 Permit NCO085464 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY 1=14-8flly 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 LJ11V 1rVllllleii lrui l luncnlge:n eiiri. �/viiiiiiivviV il, a'.liiu ri.iie iaeuerui ii�a'.a�Pr i-if Act, as amended, the John & Suzanne Pruett is hereby authorized to discharge wastewater from a facility located at the Pruett Residence WWTP 1 Riverbend Road East of Asheville Buncombe County to receiving waters designated as the Swannanoa River in the French Broad 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 September 1, 2007. This permit and authorization to discharge shall expire at midnight on December 31, 2010. Signed this day July 26, 2007. 1'q,� Coleen H. Sullins, Director Division of Water Quality By Authority of the Environmental Management Commission Permit NCO085464 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. John & Suzanne Pruett are hereby authorized to: 1. Continue to operate an existing 360 GPD jet -aeration wastewater treatment system. This facility is located near Asheville at 1 Riverbend Road at the Pruett residence WWTP in Buncombe County. 2. Discharge from said treatment works at the location specified Outfall 001, on the attached map into the Swannanoa River, classified C waters in the French Broad River Basin. O 114 N1 L•' John Pruett Residence Single Family WWTP Latitude: 35' 36' 04" N State Grid: Oteen Longitude: 82' 28' 04" W Permitted Flow: 360 GPD Receiving Stream: Swannanoa River Drainage Basin: French Broad River Bann Stream Class: C Sub -Basin: 04-03-02 °< ♦ Outfall 001-�� i( r�� 1 1I ♦ I1. : "SLR • , G a \��� Facility x Location not to scale NPDES Permit No. NCO085464 North Buncombe County Permit NC0085464 A. (1.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS During the period beginning on the effective date of this permit 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: EFFLUENT CHARACTERISTICS LIMITS MONITORING REQUIREMENTS1 Monthly Average Daily , Maximum Measurement Frequency Sample Type Sample Location Flow3 360 gallons/day Annually BOD, 5-day (20°C) 30.0 mg/L 45.0 mg/L Annually Grab Effluent Total Suspended Solids Total Residual Chlorine 30.0 mg/L 45.0 mg/L Monitor & Report Annually Annually Grab Grab Effluent Effluent pH2 Monitor & Report Annually Grab Effluent Footnotes: 1. A Discharge Monitoring Report (DMR) is required to be submitted annually as specified in Part II Section D (2). 2. The pH shall not be less than 6.0 standard units nor greater than 9.0 standard units. 3. No flow measuring device is required. However, flow should be estimated. There shall be no discharge of floating solids or visible foam in other than trace amounts. Also refer to A. (3.) Special Operating Conditions Permit NC0085464 A. (2.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS During the period beginning three (3) years from the effective date of this permit and lasting until permit 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 LIMITS MONITORING REQUIREMENTS1 Monthly Average Daily Maximum Measurement Frequency Sample Type Sample Location Flow3 360 gallons/day Monthly BOD, 5-day (20°C) 30.0 mg/L 45.0 mg/L Monthly Grab Effluent Total Suspended Solids 30.0 mg/L 45.0 mg/L Monthly Grab Effluent ,u2 Monitnr & Rennrt Monthlv (,rah Fffluent Total Residual Chlorine Monitor & Report Monthly Grab Effluent Footnotes: 1. A Discharge Monitoring Report (I)MR) is required to be submitted as specified in Part II, Section D. (2). 2. The pH shall not be less than 6.0 standard units nor greater than 9.0 standard units. 3. No flow measuring device is required. However, flow should be estimated. There shall be no discharge of floating solids or visible foam in other than trace amounts. Also refer to A. (3.) Special Operating Conditions Permit NCO085464 A. (3.) SPECIAL OPERATING CONDITIONS a) During the 3-year period prior to the increased effluent monitoring requirements reflected in A. (2.), the permittee should evaluate any possible connections to the Buncombe County MSD sewer line. b) The Permittee must make points of effluent discharge accessible within 30 days of the effective date of the permit. c) A certified operator would not be required unless deemed necessary by the Asheville Regional Office and the NPDES program. The homeowner would receive a written notification with a timeline to acquire a certified operator, should this occur. However, the permittee or designated representative must sign the Discharge Monitoring Report Forms. Should review of effluent data indicate noncompliance, a certified operator may be require(1_ d) The documented owner of the Single Family Residence shall be considered the "Proprietor" as specified in II.B.1 La.(2) A. (4.) Total Residual Chlorine Monitoring Should discharge of wastewater continue to be the most feasible option, a Total Residual Chlorine limit of 28 ug/L (Daily Maximum) will be imposed during the next permit renewal. Robert Guerra NC Division of Water Quality Western NPDES Unit 1617 Mail Service Center Raleigh, NC 27699-1617 i ECEHE May 17, 2007 M AY 1 7 2007 i DENR - WATER QUALITY POINT SOURCE BRANCH RE: Botany Woods NPDES Permits: Binkelman (NC0085456), Walling (NC0085341), Patrizio(NC0085448), Pruett (NC0085464) Dear Mr. Guerra: I represent the above named NPDES permittees in the current permit renewal process. Please accept the following comments and/or questions from the Permittees concerning each of the above- captioned proposed NPDES Permits. All comments and questions apply to each of the proposed permits unless otherwise noted. The comments fall into two broad categories: (1) the inapplicability of a number of the Standard Terms and Conditions for NPDES permits to single family residence "package plants," and (2) concern over the heightened monitoring requirements which are proposed to become effective three (3) years from the effective date of the proposed permits. In order to address the concerns in the first category as listed below, the permittees respectfully request that the objected to standard terms be omitted or that each permittee be provided with written acknowledgement that these particular terms are not applicable to and will not be enforced against these permits. As to the concerns over the heightened monitoring requirements the permit holders have made alternate suggestions which will allow the Division to achieve its goals as to these discharges but which are significantly less costly to these homeowners. I. Standard Terms and Conditions of NPDES Permits: Section B.11. This section does not appear to contemplate individuals as permit holders and does not name an individual as an authorized signer of applications, reports, etc. The closest comparison is "sole proprietorships" wherein the "proprietor" signs. Section C. 2 and 7. It is unclear whether these permits would require the installation and operation of backup or auxiliary facilities as discussed in section 7 and whether there a is any requirement for alternate power sources under section 9. It is the position of the permittees that such systems or facilities are not necessary for single residence systems pursuant to 15A NCAC 2H.0124. Any potential damage due to any failure of the existing treatment systems or power sources would be de minimus in nature. Section D. 3. There is no need for a flow measurement device to be required for systems of this size. If any such record is required the permittees suggest the use of municipal water invoices for throughput totals. However, this presents a problem if water is used which is not intend to flow through the treatment system, i.e. outside watering or a break in the line. It is the understanding of the permittees that the regional office does not expect any measurement of flow for these discharges. Section D. 8. The outfalls for Binkelmann and Patrizio systems are not located on their property. II. Specific Permit Conditions: Section A. (2.). The proposed increased monitoring frequency at the end of three years to a once- per- month schedule would impose a severe economic hardship on these individual permit holders. As an alternative, the permittees propose that the current monitoring frequency be increased to semi-annually and that it remain at that level through the life of the permit. This would provide the Division with better data during the entire life of the permit. Any decrease in compliance noted by this more frequent monitoring could be dealt with in a shorter time frame thus reducing the likelihood and ultimate level of any environmental damage due to deterioration in system maintenance, etc. Section A. (3.) a. The evaluation of possible connections to Buncombe County MSD required in this section must take into account the likely costs of all such alternatives. Section A. (3.) b. See comment to Section D. 8. above. Section A. (3.) c. The level of noncompliance sufficient to trigger the requirement that a certified operator be responsible for each treatment system should be defined in these permits. The permittees suggest that a reasonable level of noncompliance be defined in the permits and that this such non-compliance would lead to a review by the Director as to the likely reasons for such noncompliance and a cost v. effectiveness analysis of requiring a certified operator. As I am sure you are aware, these homeowners essentially inherited these systems from prior owners, in some cases without being informed of the permitted nature of the systems (much as the Division inherited the regulation of these systems from the Buncombe County Health Department). It is their desire to operate each of the systems in a proper manner and to meet all reasonable and cost effective requirements which the Division may impose; however, there are practical limits which each permittee has in 2 addressing the Division's concerns. It is my hope that the above comments and questions will allow the permittees and Division to arrive at a mutually satisfactory resolution of these issues. Please do not hesitate to contact me if you have further questions or comments. Thank you for your cooperation in this matter. /dmh cc: Charles Binkelman Molly Walling Gordon & Kim Patrizio John & Susie Pruett Sincerely, John C. Hunter Attorney for the firm 3 rASHEVILLE v ITIZEN - TIMES OF THE MOUNTAINS - CITIZEN-TIMES.com 14 O. Henry Avenue - P.O. Box 2090 - Asheville, NC 28802. 828-252-5611 - FAX 828-253_-5092 PUBLIC UBLICNUI ICt S ATE OF NORTH CAROLINA ENVIRONMENT ANAGEN&ENT COMMISSIOWNPDES UNI 1617MAIL SERVICECENTER RALE IGH, NC 27699-1617 NOTIFICATION OF INTENT TO ISSUE A NPDES WASTEWATER PERMIT On The basis of through staff review and application of NC General Statut 143.2, Public law 92-500 and other lawful standards and regulations, th North Carolina Environmental Management Commission proposes to issu a National Pollutant Discharge Elimination System (NPDES) wastewate discharge permit To the persons) listed below effective 45 days from th publish date of This notice. Written comments regarding the proposed permit will be accepted until days after the publish date of this notice. All comments received prior t that date are considered in the final determinations regarding the propos hold a public rmit. The meeting foror of the NC t a proposedion of permit Water dQthelDivision decide significant degree of public interest. Copies of the draft permit and other supporting information oil file used tc determine conditions present in the draft permit are available upon reques and payment of the cost of reproduction. Mail comments and/or request for Information to the NC Division of Water Quality at the above address o call the Point Source Branch at (919) 733-5083, extension 363. Comments co also be emailed to Carolyn. Bryant@ncmal 1. net. Please Include the NPDE Permit number (attached) in any communication. Interested persons ma also visit the Division of Water Quality at 512 N. Salisbury Street, Raleigh NC 27604-1148 between the hours of 8:00 a.m. and 5:00 p.m. to review infor� motion on file. Cchi he Charles Binkelmon residence has applied for renewal permit C0085454 for Its WWTP in Buncombe County. This permitted facility dis- arges treated wastewater o the Swannanoa River in the French Broad ver Basin. Currently SOD, ammonia nitrogen, fecal coliform, and iota sidual chlorine are water quality limited. ;The John_Pruett residence has applied for renewal of permit NC0085464 fo re wafer quallTy IImITea. he Mary Walling residence has applied for renewal of permit N >r Its WWTP In Buncombe County. This permitted facility til, 'eated wastewater o the Swannanoa River In the French Broad R in. Currently SOD, ammonia nitrogen, fecal coliform, and total hlorine are water quality limited. custa Business Dqvelopment Center, LLP, P.O. Box 1119, Pisgah C 28768, Transylvania County, has applied for renewal of its NPI 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 Jesica Gaskin, 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 second 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 dates: April 1", 2007. 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. Broad River Basin. This facility operates three outfalls, 001 (treated waste Signed this 2nd, day of April, 2007 water), 002 and 003 (stormwater). Currently BOD, TSS, dioxin, and mer cury are water quality limited. This discharge may affect future allocation In this portion of the French Broad River Basin. April 1, 2007 _(3405) (Signa r f person making tdavit) Sworn to and subscribed before me the 2nd, day of April, 2007. , JOYF A •' P •, - NOTAR (Notary ublic) -+ * .� My ommission expires the 3rd day of Vep e LAC 2008 Is " Re: Riverbend Drive SFRs Subject: Re: Riverbend Drive SFRs From: Roger Edwards <Roger.Edwards@ncmail.net> Date: Tue, 31 Oct 2006 15:42:28 -0500 To: Charles Weaver <charles.weaver@ncmail.net> CC: Susan Wilson <susan.a.wilson@ncmail.net>, Matt Matthews <matt.matthews@ncmail.net>, Janet Cantwell <Janet.Cantwell@ncmail.net>, Larry Frost <Larry.Frost@ncmail.net>, Keith Haynes <Keith.Haynes@ncmail.net> Charles, The owners of these treatment units need to understand they are responsible for the proper operation and maintenance. DWQ is sorry they were impacted by the hurricanes of 2004 however, this does not give them amnesty from the requirements. These facilities will be inspected and appropriate actions will be taken by DWQ. Thanks, R. Edwards Charles Weaver wrote: Roger, due to some errors in Raleigh and confusion in Asheville, we're going to rescind the 4 assessments against the SFRs on Riverbend Drive. I [STUPIDLY] made a processing error when preparing the cases. They were mailed without the Enforcement Reponse document attached - thus the permittees had no way to request remission, and no instructions for requesting a hearing or paying the fine. Other problems specific to each case are: RV-2006-0003 NCO085448 Gordon Patrizio submitted his application to the ARO in late April 2006. It was never forwarded to the Central Office. RV-2006-0004 NCO085341 Thomas Drolen responded to the ARO's inspection on May 8th. He states that he has no jet -aeration system [thanks to Hurricane Frances] and can't get funding from FEMA or his insurance company to replace it. He also states that the residence is unoccupied and the system is not in use. He summarized all this in a highly indignant letter to Alan Kilmek. His correspondence says that his system is broken, but he will resume monitoring [???] once the residence is occupied. RV-2006-0005 NCO085456 Charles Binkelman wrote a remission request after I e-mailed him the Enforcement Response document. His system, like Drolen's, was damaged by Hurricane Frances. When repairs to it were completed, he said that he informed the ARO. At that time, "it was again suggested that [he] 'hold off filing the application... because (rough quote only) 'a decision regarding [the Riverbend SFRs] 1 of 2 11/1/2006 6:50 AM Re: Riverbend Drive SFRs wasp,gjjiigg in Raleigh'." RV-2006-0006 NCO085464 Suzanne Pruett submitted a renewal application after receiving the assessment. Given that she had no Enforcement Response document, she didn't know how to request remission. I'll draft the rescission letters for Susan's signature. e�t me know if you'd like anything special added to them. I'll wait to send them until I hear from you. CHW Roger Edwards - Ep5er.Edwards@ncmail.net North Carolina Dept. of Environment and Natural Resources Asheville Regional Office Division of Water Quality - water Quality Section 2090 U.S. 70 Highway Swannanoa, NC 28778 Tel: 828-296-4500 Fax: 828-299-7043 Roger Edwards <Roger.EdwardsPncmail.net> NC DENR - Asheville Regional Office Division of Water Quality - Water Quality Section 2 of 2 11/1/2006 6:50 AM John M. & Suzanne L. Pruett 1 Riverbend Road p Asheville, North Carolina 28805 �--- `►r OCT 1 6 October 2006 Alan W. Klimek DENFPOIK NCDENR 1617 Mail Center Raleigh, North Carolina 27699-1617 Dear Mr. Klimek, My husband and I would officially like to request a renewal to our permit for our wastewater treatment facility, a jet aeration system for our home. There have been no changes to the system since our occupation at this address. All information that is available to us is given in the permit. I would also like to state our displeasure in the handling of these permits. My husband and I are very diligent about keeping our system running and applying for permits through your office. After receiving a letter threatening massive fines and legal action, I was shocked to find out that your office did not file the paperwork that we have sent in. We were dually informed that our paperwork for the previous year was somehow lost as well. I think that it is a travesty that I should have to worry about sending something to your office by registered mail. I will decidedly keep copies of all future correspondence and mailing dates to verify my end of the permitting process. However, I would definitely hope to see matters such as this handled in a more timely and civil way, especially for those of us doing all that we can to ensure the quality and safety of the systems that we have. Sincerely, u S e L. Pruett Cc: Charles Weaver NPDES APPLICATION - FORM D For privately owned treatment systems treating 100% domestic wastewaters <1.0 MGD Mail the complete application to: N. C. Department of Environment and Natural Resources Division of Water Quality / NPDES Unit 1617 Mail Service Center, Raleigh, NC 27699-1617 OCT 1 7 ?00^ NPDES Permit C00 ' to IXNR-_ MdATLR 0 4 POINT If you are completing this form in computer use the TAB key or the up - down arrows to move 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 Facility Name Mailing Address City State / Zip Code Telephone Number Fax Number e-mail Address .„ Inv, Y,r� '1 i l2lt+�t �1 r'u e 1 R'ivey kenA .t A , 1- 1r,jPW'i (7) 61uf� . 1,1e f 2. Location of facility producing discharge: Check here if same address as above Street Address or State Road City State / Zip Code County 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 N / A Mailing Address City State / Zip Code Telephone Number Fax Number 1 of 2 Form-D 4/05 NPDES APPLICATION - FORM D For privately owned treatment systems treating 100% domestic wastewaters <1.0 MGD 4. Description of wastewater: Facilitv Generating Wastewater(check all that apply): Industrial ❑ Number of Employees Commercial ❑ Number of Employees Residential Number of Homes School ❑ Number of Students/ Staff Other ❑ Explain: Describe the source(s) of wastewater (example: subdivision, mobile home park, shopping centers, restaurants, etc.): ! trlo�v, Population served: � Tte, 5. Type of collection system Q" Separate (sanitary sewer only) ❑ Combined (storm sewer and sanitary sewer', 6. Outfall Information: Number of separate discharge points Outfall Identification number(s) ) Is the outfall equipped with a diffuser? ❑ Yes ZINO 7. Name of receiving stream(s)p(Provide a map shouring the exact location of each outfallr 8. Frequency of Discharge: ❑ Continuous []Intermittent If intermittent: Days per week discharge occurs: ftDuration: 9. Describe the treatment system s, provide design removal for BOD, TSS, nitrogen and List all installed components, including capacitie phosphorus. If the space provided is not sufficient, attach the description of the treatment system in a separate sheet of paper. Je-� Oet-a7k)" �r6 wa$ie lllTe/' "�/�'u�/►'tCIt/ y�TC�i�►' BOA i0- 4�v yrm oIVed 0xy9101, (01PP,n Co ,, v r01 m l Form-D 4105 2of2 NPDES APPLICATION - FORM D For privately owned treatment systems treating 100% domestic wastewaters <1.0 MGD 10. Flow Information: Treatment Plant Design flow*A&0____MGD/Me. Annual Average daily flow — MGD (for the previous 3 years) Maximum daily flow MGD (for the previous 3 years) 11. Is this facility located on Indian country? ❑ Yes V 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 (BOD-5) 3o A.+ /I 30 A'iJ Fecal Coliform L.50,Ceo'//dG m / Total Suspended Solids L -j U m5 3o 6.L3 Temperature (Summer) — Temperature (Winter) pH 13. List all permits, construction approvals and/or applications: Type Permit Number Type Permit Number Hazardous Waste (RCRA) NESHAPS (CAA) j{ UIC (SDWA) Ocean Dumping (MPRSA) NPDES Dredge or fill (Section 404 or CWA) PSD (CAA) Other Non -attainment program (CAA) 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. c54z etoned I cit? f hwhe oa,v7 Printej,name of Person Signing Title of Applicant 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 knowly 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 4/05 Re: NPDES permits: single family residence / Jet Aeration System Subject: Re: NPDES permits: single family residence / Jet Aeration System From: Charles Weaver <charles.weaver@ncmail.net> Date: Mon, 10 Apr 2006 06:32:21 -0400 To: Janet Cantwell <Tanet.Cantwell@ncmail.net> CC: Roger Edwards <Roger.Edwards@ncmail.net>, Susan Wilson <susan.a.wilson@ncmail.net> X-Mozilla-Status: 0001 X-Mozilla-Status2: 00800000 Message -ID: <443A3435.9030008@ncmail.net> User -Agent: Mozilla Thunderbird 1.0.2 (Windows/20050317) X-Accept-Language: en -us, en MIME -Version: 1.0 References: <44367CA5.7050903@ncmail.net> In -Reply -To: <44367CA5.7050903@ncmail.net> Content -Type: text/html; charset=ISO-8859-1 Content -Transfer -Encoding: 7bit Janet Cantwell wrote: There were other homes on that street which I'm sure have the same system, but there are no records of them here in the Asheville Regional Office. I found another one in the files: Marilyn High NC0038733. That permit was rescinded. It won't be renewed. IDo you have a list or a way to show who has a permit for a jet aeration system? Nope. Will you be sending the 3 mentioned above or others a letter asking for renewal? Susan and I have discussed those homes briefly. We'd like to switch them to coverage under NCG550000. Dave & Forrest were always against it, but they are no longer in the equation. The monitoring requirements for those permits are essentially the same as those for NCG55, and it seems unreasonable to leave those 4 systems alone with individual permits. The text in NCG550000 is worth mentioning: Part I. C. (Applicability) This permit is applicable to the following types of discharges: 1. Wastewater from single family residence treatment facilities at flows not exceeding 1000 gallons per day. 2. Wastewater from other similar domestic treatment facilities not exceeding 1000 gallons per day, as decided by the Division. Nothing in the existing permit precludes Jet -Aire systems from being covered by NCG550000. You should also talk to Larry Frost. A while back he discovered MANY more "Jet -Aire" systems in the 1 of 2 4/12/2006 9:51 AM Re: NPDES permits: single family residence / Jet Aeration System ARO's territory that were never permitted. At that time, a decision was made NOT to permit them due to resource constraints. The reason I'm asking is that I'm getting ready to send Patrizio, Pruet, and Binkelman NOVs for not renewing and not sampling, and Drolen an NOV for using a system without the blower (he is not living there at the time, but he is there during the day working on fixing up the house and using the bathrooms while he's there). That sounds fine. If they request renewal, let's switch them to coverage under NCG55. The issue of the other Jet -Aire sites can be revisited after these are resolved. CHW 2 of 2 4/12/2006 9:51 AM FACT SHEET FOR EXPEDITED RENEWAL Permit Number fu coo -� Facility Name -� Reviewer Basin/Sub-basin Receiving Stream Stream Classification in permit Stream Classification in BIMS Is the stream impaired (listed on 303(d))? Is stream monitoring required? Do they need NH3 limit(s)? Do they need TRC limit(s)? Do they have whole -effluent toxicity testing? Are there special conditions? Existing Expiration Date 1 Proposed Expiration Date n Miscellaneous Comments: If expedited, is this a simpler permit or a more difficult one? :,.0( F WATE .., \ono Rpm ��n r NCDENR Mr. John M. Pruett & Mrs. Suzanne L. Pruett 1 Riverbend Road Asheville, North Carolina 28805 Dear Mr. & Mrs. Pruett: Michael F. Easley Governor William G. Ross, Jr., Secretary North Carolina Department of Environment and Natural Resources Kerr T. Stevens, Director Division of Water Quality April 27, 2001 Subject: Issuance of NPDES Permit NCO085464 Pruett residence WWTP Buncombe County Division personnel have reviewed and approved your application for renewal of the subject permit. Accordingly, we are forwarding the attached 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 May 9, 1994 (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 decision shall be final and binding. Please note that this permit is not transferable except after notice to the Division. The Division may require modification or revocation and reissuance of the permit. 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, the Coastal Area Management Act or any other Federal or Local governmental permit that may be required. If you have any questions concerning this permit, please contact Charles Weaver at telephone number (919) 733- 5083, extension 511. Sincerely, ORIGINAL SIGNED By Sl ��AN A. WILSON Kerr Stevens cc: Central Files Asheville Regional Office/Water Quality Section NPDES Unit Point Source Compliance Enforcement Unit N. C. Division of Water Quality / NPDES Unit Phone: (919) 733-5083 1617 Mail Service Center, Raleigh, NC 27699-1617 fax: (919) 733-0719 Internet: h2o.enr. state. nc. us DENR Customer Service Center. 1 800 623-7748 Permit NCO085464 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY 17 o mn 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, John & Suzanne Pruett are hereby authorized to discharge wastewater from a facility located at the Pruett residence WWTP 1 Riverbend Road near Oteen Buncombe County to receivingwaters designated as the Swannanoa River in the French Broad 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 June 1, 2001. This permit and authorization to discharge shall expire at midnight on December 31, 2005. Signed this day April 27, 2001. ORIGIANLA IWNLSORIED Y SUS Kerr T. Stevens, Director Division of Water Quality By Authority of the Environmental Management Commission Permit NCO085464 , . SUPPLEMENT TO PERMIT COVER SHEET John & Suzanne Pruett are hereby authorized to: 1. Continue to operate an existing 360 GPD jet -aeration wastewater treatment system. This facility is located near Oteen on Riverbend Road at the Pruett residence WWTP in Buncombe County. 2. Discharge from said treatment works at the location specified on the attached map into the Swannanoa River, classified C waters in the French Broad River Basin. Quad #: E9SW Latitude: 35°36'04" Longitude: 82*28'04" Stream Class: C Subbasin: 40302 Receiving Stream: Swannanoa River NCO085464 Pruett residence WWIP L I i Facility Loc Location Permit NC0085464 A. (1.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS During the period beginning on the effective date of this permit 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: EFFLUENT CHARACTERISTICS LIMITS MONITORING REQUIREMENTS Monthly Average Daily Maximum Measurement Fr uenc Sample Type Sample Location Flow 360 gallons/day Annually BOD, 5-day (202C) 30.0 mg/L 45.0 mg/L Annually Grab Effluent Total Suspended Residue 30.0 mg/L 45.0 mg/L Annually Grab Effluent pH1 Annually Grab Effluent Footnotes: 1. The pH shall not be less than 6.0 standard units nor greater than 9.0 standard units. There shall be no discharge of floating solids or visible foam in other than trace amounts. A certified operator is required for this facility. AFFIDAVIT OF PUBLICATION BUNCOMBE COUNTY SS. NORTH C On the basis of fnff review_ a Management )n proposes to Written comments red gording the propo permit willted lellvtice. All comments rceed PrW to that date_ are consid- 0 in the final deter tmie nations regards Di permit. & . pr or of the NC Division ofWater (Quali may de- ;, i i,nld a tic rpeet- g Hof public nterest. Copies of the draft Permit rung In- o r other c I'e' used to formatm itioris pre- determine coed sent in the draft permit are available Upon f le- t and Payment costs Mall cothe feprm�'ts an4br uests for triformotion tr,eqthe NC Division of WO-, ove ter Quality at mllabW. address at (919) ie 73h3-5083 Jaextertslah me' Please [rictvde VIES Permit Num-1 per NCOOF,54b4, John & Suzanne Pruett (resi- Jence WWTP). 1 River- I oend Road, Asheville, NC 28805 has applied for a permit renewal for a facility located in Bun_ - n9 tbreeate�d wastwater into the Swannanoa' River in the French Broad River Basin. Currently no parame ters are water_ quality limited. This discharge may affect future, alto- cations in this portion of the receivnlg stream. NPDES Permit ivum ber N000756W, Jim Goode (Rosewood MO, pHpParty WWT ), 259t1 Bravart Road, Arden, NC 287a has applied for a perms jrrty discharging :aced wastewater Intc enchCrBroadin River 3sin. Currently am —in r,itrooen and total ufure allocations it portion team. the re ES Permit Num NC0033699. Christ ol, Inc., 500 Christ ,ol Road, Arden, NC i has' applled for a nitire'= ins Bun - do NPDES permit number (attached) in any co Interested in the rrencn 0— River Basin. Currently total residual chlorine munimhon. rnicat! ay also vCi�siit a Drvision of Wafer Ii isi are water quality lim- iced. This discharge at 12 N. Salisbury Street, lleeingh, NC276041111f 8 may affect future, allo- cations in this portion of tti 5 hours p.m. to '°thereceivingstream. to re NAP. am• i rrrialiononfile. ,•"" view _y •' , NPDES Permit N CII r NC0033� DivI- permit Num^' � C �ecrnologles (CI I �€g qe�r NCtlOfj5�tsd,biAirl b n. ' (IVY River sion),. Fairview, NC 28730 has v�eaverville 4 WTP), P.O. Box 338 Weavervilie, NC rm f " ' applied for o mlt re )ewal for a acility to- r, r has applied for a Pe a renewal for aBuncamIa- :;,'. cited m Buncombe ! -ountY discharging wastewater into 7 Gated in fit- County dischar nto an ! ; ° •., recited ._one Creek in the -rench Broad River' ter -backwash to r urinamed tributary ;' River in `'.," 3asin. Currently total k. residual chlorine, tetra •the i the Ivy French Broad River "' Currently wntpO-ei "" chloroethene and tolu- ene the water_ quality s Basin. rometers , are This limited• limited. This discharge may affect future, alto- s quality 3 discharge may affect fv- lureallocations inthis cations (n this portion of the receiving stream. nnrton of the receiving, i Before the undersigned, a Notary Public of said County and State, duly commissioned, qualified and authorized by law to administer oaths, personally appeared Janis Pierce, who, being first duly sworn, deposes and says: that he,(she) is the Legal Billing Clerk of TheAsheville Citizen -Times Company, engaged in publication of a newspaper known as The Asheville Citizen -Times, published, issued, and entered as second 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: March 9, 2001. And that the said newspaper in which said notice, paper, document or legal advertisement were published were, 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. This 14th day of March, 2001 (Signature of pYnd making affidavi �� Sworn to subscribed before me the 14th day of March, 2001. ( ota Public) My VQmmimon apiru the 20th day of Juno, 2005, 4ohn MA Suzanne L. Pruett ,I Riverbend Rd� Asheville, NC 28805 i September l 7, 2000� Christie R', Jackson NCDENR� 1617 Mail Service Centet Raleigh, NC 27699-1617 � �- SEP 2 6 2000 I ENR - WATER QUALITY SOUR`A NRANCH Dear Ms. Jackson, My husband and I would like to officially ask for a renewal of the permit at this residence for our wastewater treatment facility. There have been no changes to the' ystem. All of the information that was requested is enclosed. Thank you for your consideration. Sincerely, Suzanne L. Pruett i Sludge Management Plan for the Jet Aeration Plant The Jet plant employs a sophisticated bio-chemical process in which aerobic bacteria, using oxygen in the solution, break down and oxidize household sewage. The primary treatment compartment receives the household sewage and holds it long enough to allow solid matter to settle to the sludge layer at the tank's bottom. Here anaerobic bacterial action continuously breaks down the sewage solids. In the aeration chamber the finely divided and pre-treated sewage from the primary treatment compartment is mixed with activated sludge and aerated. The Jet plant I, circulates and mixes the entire content while injecting ample air to meet the oxygen demand of the aerobic digestion process. The final phase of the operation takes place in the settling/clarifying compartment. ', In this compartment a tube settler eliminates currents and enhances the settling of any remaining suspended material which is returned, via the tank's sloping end wall, to the aeration chamber for finrther treatment. A non -mechanical surface skimmer, operated by hydraulics, skims any floating material from the surface of the settling compartment and returns it to the aeration compartment. The remaining odorless, clarifies liquid flows through the discharge line to the baffled outlet. s Diana Seagle - NCO085464 Subject: Diana Seagle - NCO085464 Date: Mon, 01 May 2000 10:18:13 -0400 From: Max Haner <Max.Haner@ncmail.net> Organization: NC DENR - Asheville Regional Office To: Christie Jackson <Christie Jackson@ncmail.net> Christie - According to Buncombe County Property Tax Roles - The Seagle Property at 1 Riverbend Drive in Asheville, NC 28805 is now owned by ---John M & Suzanne L Pruett. I could find no property record for Diana Seagle - she seems to have either left the County, remarried, or just disappeared. Call me if questions PS - I seem to recall that we sent change of ownership forms to Pruett, but can find no reference on SIPS. You may want to check with Charles to see if we received it in the last few days. Max Max Haner - Max.Haner@ncmail.net North Carolina Dept. of Environment and Natural Resources Asheville Regional Office Division of Water Quality - Water Quality Section 59 Woodfin Place Asheville, NC 28801 Tel: 828-251-6208 Fax: 828-251-6452 Max Haner <Max.HanetQnctnail.net> NC DENR - Asheville Regional Office Division of Water Quality - Water Quality Section 1 of 5/1/00 10:52 AM Date: -�Id I dA P e rmi t : /v coo Facility Name: . N r►?n Receiving Stream: Class: Ca1 1 Sub -Basin: f' � County: 1 Regional Office: Asheville Reference USGS Quad: �9 S W �QT_Qp,�N�xisting: Proposed: Elevation: 2,0 --a Hydrologic Group: Slope: Drainage Area: k �� �! ` n&Ai Design Temperature: Comments: -Z Q 10 `7 , G 9 No RECOMMENDED EFFLUENT LIMITS Wasteflow (gpd) : .3 d BOD5 (mg/1): — NH3-N (►ng/1) = --- ---- D . O . (mg/1): - - --- -- �j --------- - -- pH ( SU ) -( - -- -..--- - ---- Fecal Coliform (/100 ml) : TSS (mg/1)�----------- — RECOMMENDED BY: — -- — -- -- — . -- ---- DATE: APPROVED BY: Regional Engineer: Date: Regional Supervisor: Date: f Route to Technical Support Group and Permits d +rgln (Enclosed copy of USGS topographical map showing ocation of discharger) UNITED STATES DEPARTMENT OF THE INTERIOR GEOLOGICAL SURVEY r; TENNEE .• 4, � 'It m r SOC PRIORITY PROJECT: Yes No XX IF YES, SOC NUMBER TO: PERMITS AND ENGINEERING UNIT WATER QUALITY SECTION ATTENTION: Mack Wiggins DATE: December 19, 1995 NPDES STAFF REPORT AND RECOMMENDATION COUNTY Buncombe PERMIT NUMBER NCO085464 PART I - GENERAL INFORMATION 1. Facility and Address: Diana V. Seagle 1 Riverbend Drive Asheville, N.C. 28805 2. Date of Investigation: November 30, 1995 3. Report Prepared By: Max L. Haner 4. Persons Contacted and Telephone Number: Owner 5. Directions to Site: Existing SFR facility is located on Riverbend Drive in the Botany Woods Subdivision near the Oteen Community in Buncombe County Entrance to the Subdivision is via NCSR 2402 with access from Lower Grassy Branch Road (NCSR 2403) east of Asheville, N.C. 6. Discharge Point(s), List for all discharge points: n Latitude: 35' 36' 04" Longitude: 820 28' 04" Attach a USGS map extract and indicate treatment facility site and discharge point on map. U.S.G.S. Quad No. E9SW U.S.G.S. Quad Name Oteen, NC 7. Site size and expansion area consistent with application? X Yes No If No, explain: B. Topography (relationship to flood plain included): Probably in flood plain 9. Location of nearest dwelling: N/A Page 1 10. Receiving stream or affected surface waters:Swannanoa River a. Classification: Class "C" b. River Basin and Subbasin No.: French Broad, 040302 C. Describe receiving stream features and pertinent downstream uses: Agriculture, wildlife. PART II - DESCRIPTION OF DISCHARGE AND TREATMENT WORKS 1. a. Volume of wastewater to be permitted .00036 MGD b. What is the current permitted capacity of the Wastewater Treatment facility? No permit issued to date. C. Actual treatment capacity of the current facility (current design capacity: 0.00036 MGD d. Date(s) and construction activities allowed by previous Authorizations to Construct issued in the previous two years: e. Please provide a description of existing or substantially constructed wastewater treatment facilities: The existing facility is a jet aeration type wastewater treatment system with discharge to the Swannanoa River. f. Please provide a description of proposed wastewater treatment facilities: g. Possible toxic impacts to surface waters: None Known h. Pretreatment Program (POTWs only): in development approved should be required not needed 2. Residuals handling and utilization/disposal scheme: N/A a. If residuals are being land applied, please specify DEM Permit Number Residuals Contractor Telephone Number b. Residuals stabilization: PSRP PFRP OTHER C. Landfill: d. Other disposal/utilization scheme (Specify): Licensed septic tank pumping company as necessary. 3. Treatment plant classification (attach completed rating sheet): Class II by Definition 4. SIC Codes(s): 4952 Primary 04 Secondary Main Treatment Unit Code: 44007 Page 2 PART HI - 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): Recommend Annual Monitoring 3. Important SOC, JOC, or Compliance Schedule dates: (Please indicate) Date Submission of Plans and Specifications Begin Construction Complete Construction 4. Alternative'Analysis Evaluation: Has the of the non -discharge options available. perspective for each option evaluated. Spray Irrigation: Connection to Regional Sewer System: Subsurface: Other disposal options: 5. Other Special Items: None PART IV - EVALUATION AND RECOMMENDATIONS facility evaluated all Please provide regional N/A This existing unpermitted discharge should go to public notice and be issued as early as possible. The wwtp is one of several in this subdivision that was installed in the 1970's via approval from the Buncombe County Health Department. No permits have been issued to date by this Division for these facilities. Given the receiving stream dilution ratio, fecal coliform limits should not be required. Annual monitoring is recommended. Also, the standard paragraph entitled "Monitoring & Reporting" should be added to this permit to allow submittal of monitoring data. A condition should be written into the permit stating that a certified operator is e uired of this facility. Please call if questions. Signature of R rt P epa5er r Water Qu ity Regional Supervisor Date Page 3 UNITED STATES ` DEPARTMENT OF THE INTERIOR TENNEE GEOLOGICAL SURVEY ...-1 I