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HomeMy WebLinkAboutNC0043257_LV-2024-0016_20240221ROY COOPER Gowmar ELIZABE'TH S. BISER secretary RICHARD E. ROGERS, JR. UtrecW Certified Mail # 7012 1640 0001 9605 9403 Return Receipt Requested Matthew E. Raynor Nature Trails Association CLP 524 Meadow Ave Loop Banner Elk, NC 28604-7402 i NORTH CAROLINA Envinmmental Quality February 21, 2024 SUBJECT: Notice of Violation and Assessment of Civil Penalty for Violations of North Carolina General Statute (G.S.) 143-215.1(a)(6) and NPDES WW Permit No. NCO043257 Nature Trails Association CLP Nature Trails MHP WWTP Case No. LV-2024-0016 Chatham County Dear Permittee: This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $335.36 ($229.00 civil penalty + $106.36 enforcement costs) against Nature Trails Association CLP. This assessment is based upon the following facts: a review has been conducted of the Discharge Monitoring Report (DMR) submitted by Nature Trails Association CLP for the month of April 2023. This review has shown the subject facility to be in violation of the discharge limitations and/or monitoring requirements found in NPDES WW Permit No. NC0043257. The violations, which occurred in April 2023, are summarized in Attachment A to this letter. Based upon the above facts, I conclude as a matter of law that Nature Trails Association CLP violated the terms, conditions or requirements of NPDES WW Permit No. NCO043257 and G.S. 143-215.1(a)(6) in the manner and extent shown in Attachment A. In accordance with the maximums established by G.S. 143-215.6A(a)(2), a civil penalty may be assessed against any person who violates the terms, conditions or requirements of a permit required by G.S. 143-215.1(a). p�ye�ro�:3eooe.,.no.� or�pRwaen�er,.xtw9 avmuma Based upon the above findings of fact and conclusions of law, and in accordance with authority provided by the Secretary of the Department of Environmental Quality and the Director of the Division of Water Resources, I, Vanessa E. Manuel, Assistant Regional Supervisor, Raleigh Regional Office hereby make the following civil penalty assessment against Nature Trails Association CLP: 229.00 1 of I violations of G.S. 143-215.1(a)(6) and Permit No. NC0043257, by discharging waste water into the waters of the State in violation of the Permit Daily Maximum for Coliform, Fecal MF, MFC Broth, 44.5 C 0.00 For 0 of the.] failures to submit monitoring reports or portions of monitoring reports in violation of Permit No. NC0043257. 229.00 TOTAL CIVIL PENALTY 106.36 Enforcement Costs 335.36 TOTAL AMOUNT DUE Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty I have taken into account the Findings of Fact and Conclusions of Law and the factors set forth at G.S. 143B-282.1(b), which are: (1) The degree and extent of harm to the natural resources of the State, to the public health, or to private property resulting from the violation; (2) The duration and gravity of the violation; (3) The effect on ground or surface water quantity or quality or on air quality; (4) The cost of rectifying the damage; (5) The amount of money saved by noncompliance; (6) Whether the violation was committed willfully or intentionally; (7) The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority; and (8) The cost to the State of the enforcement procedures. Within thirty (30) days of receipt of this notice, you must do one of the following: (1) Submit payment of the penalty, OR (2) Submit a written request for remission, OR (3) Submit a written request for an administrative hearing Option 1: Submit payment of the penalty: Payment should be made directly to the order of the Department of Environmental Quality (do not include waiver form). Payment of the penalty will not foreclose further enforcement action for any continuing or new violation(s). Please submit payment to the attention of: Wastewater Branch Division of Water Resources 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Option 2: Submit a written request for remission or mitigation including a detailed justification for such request: Please be aware that a request for remission is limited to consideration of the five factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual statements contained in the civil penalty assessment document. Because a remission request forecloses the option of an administrative hearing, such a request must be accompanied by a waiver of your right to an administrative hearing and a stipulation and agreement that no factual or legal issues are in dispute. Please prepare a detailed statement that establishes why you believe the civil penalty should be remitted, and submit it to the Division of Water Resources at the address listed below. In determining whether a remission request will be approved, the following factors shall be considered: (1) whether one or more of the civil penalty assessment factors in NCGS 143 B-282. I (b) was wrongfully applied to the detriment of the petitioner; (2) whether the violator promptly abated continuing environmental damage resulting from the violation; (3) whether the violation was inadvertent or a result of an accident; (4) whether the violator had been assessed civil penalties for any previous violations; or (5) whether payment of the civil penalty will prevent payment for the remaining necessary remedial actions. Please note that all evidence presented in support of your request for remission must be submitted in writing. The Director of the Division of Water Resources will review your evidence and inform you of his decision in the matter of your remission request. The response will provide details regarding the case status, directions for payment, and provision for further appeal of the penalty to the Environmental Management Commission's Committee on Civil Penalty Remissions (Committee). Please be advised that the Committee cannot consider information that was not part of the original remission request considered by the Director. Therefore, it is very important that you prepare a complete and thorough statement in support of your request for remission. In order to reguest remission u must com lete and submit the enclosed "Request for Remission of Civil Penalties. Waiver of Right to an Administrative Hearing, and Stipulation of Facts" form within thirty (30) days of receipt of this notice. The Division of Water Resources also r2quests that you complete and submit the enclosed "Justification for Remissi n Request." Both forms should be submitted to the following address: Wastewater Branch Division of Water Resources 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Option 3: File a petition for an administrative hearing with the Office of Administrative Hearings: If you wish to contest any statement in the attached assessment document you must file a petition for an administrative hearing. You may obtain the petition form from the Office of Administrative Hearings. You must file the petition with the Office of Administrative Hearings within thirty (30) days of receipt of this notice. A petition is considered filed when it is received in the Office of Administrative Hearings during normal office hours. The Office of Administrative Hearings accepts filings Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m., except for official state holidays. The petition may be filed by facsimile (fax) or electronic mail by an attached file (with restrictions) - provided the signed original, one (1) copy and a filing fee (if a filing fee is required by NCGS §15013-23.2) is received in the Office of Administrative Hearings within seven (7) business days following the faxed or electronic transmission. You should contact the Office of Administrative Hearings with all questions regarding the filing fee and/or the details of the filing process. The mailing address and telephone and fax numbers for the Office of Administrative Hearings are as follows: 6714 Mail Service Center Raleigh, NC 27699 6714 Tel: (919) 431-3000 Fax: (919) 431-3100 One (1) copy of the petition must also be served on DEQ as follows: Mr. William F. Lane, General Counsel Department of Environmental Quality 1601 Mail Service Center Raleigh, North Carolina 27699-1601 Please indicate the case number (as found on page one of this letter) on the petition. Failure to exercise one of the options above within thirty (30) days of receipt of this letter, as evidenced by an internal date/time received stamp (not a postmark), will result in this matter being referred to the Attorney General's Office for collection of the penalty through a civil action. Please be advised that additional penalties may be assessed for violations that occur after the review period of this assessment. If you have any questions, please contact Cheng Zhang with the Division of Water Resources staff of the Raleigh Regional Office at (919) 791-4200 or via email at cheng.zhang@deq.nc.gov, Sincerely, Vanessa E. Manuel, Assistant Regional Supervisor Water Quality Regional Operations Section Raleigh Regional Office Division of Water Resources, NCDEQ ATTACHMENTS Cc: Laserfiche JUSTIFICATION FOR REMISSION REQUEST Case Number: LV-2024-0016 County: Chatham Assessed Party: Nature Trails Association CLP Permit No.: NCO043257 Amount Assessed: $335.36 Please use this form when requesting remission of this civil penalty. You must also complete the "Request For Remission, Waiver of Right to an Administrative Hearing, and Stipulation of Facts" form to request remission of this civil penalty. You should attach any documents that you believe support your request and are necessary for the Director to consider in evaluating your request for remission. Please be aware that a request for remission is limited to consideration of the five factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual statements contained in the civil penalty assessment document. Pursuant to N.C.G.S. § 143B-282.1(c), remission of a civil penalty may be granted only when one or more of the following five factors apply. Please check each factor that you believe applies to your case and provide a detailed explanation, including copies of supporting documents, as to why the factor applies (attach additional pages as needed). (a) one or more of the civil penalty assessment factors in N.C.G.S. 143B-282. I (b) were wrongfully applied to the detriment of the petitioner (the assessment factors are listed in the civil penalty assessment document); (b) the violator promptly abated continuing environmental damage resulting from the violation (i.e., explain the steps that you took to correct the violation and prevent future occurrences); (c) the violation was inadvertent or a result of an accident (i.e., explain why the violation was unavoidable or something you could not prevent or prepare for); (d) the violator had not been assessed civil penalties for any previous violations; (e) payment of the civil penalty will prevent payment for the remaining necessary remedial actions (i.e., explain how payment of the civil penalty will prevent you from performing the activities necessary to achieve compliance). EXPLANATION: STATE OF NORTH CAROLINA COUNTY OF CHATHAM IN THE MATTER OF ASSESSMENT OF CIVIL PENALTIES AGAINST Nature Trails Association CLP Nature Trails MHP WWTP PERMIT NO. NCO043257 DEPARTMENT OF ENVIRONMENTAL QUALITY WAIVER OF RIGHT TO AN ADMINISTRATIVE HEARING AND STIPULATION OF FACTS CASE NO. LV-2024-0016 Having been assessed civil penalties totaling $335.36 for violation(s) as set forth in the assessment document of the Division of Water Resources dated February 21, 2024, the undersigned, desiring to seek remission of the civil penalty, does hereby waive the right to an administrative hearing in the above -stated matter and does stipulate that the facts are as alleged in the assessment document. The undersigned further understands that all evidence presented in support of remission of this civil penalty must be submitted to the Director of the Division of Water Resources within thirty (30) days of receipt of the notice of assessment. No new evidence in support of a remission request will be allowed after (30) days from the receipt of the notice of assessment. This the day of ADDRESS TELEPHONE SIGNATURE 20 ATTACHMENT A Nature Trails Association CLP CASE NUMBER: LV-2024-0016 PERMIT: NCO043257 FACILITY: Nature Trails MHP WWTP LIMIT VIOLATION(S) SAMPLE LOCATION: Outfall 001 - Effluent REGION: Raleigh COUNTY: Chatham Violation Report Unit of Limit Calculated % Over Data MonthNr Parameter Frequency Measure Value Value Limit 4/21/2023 4-2023 Coliform, Fecal MF, Weekly #1100ml 400 1,000 150.0 MFC Broth, 44.5 C REPORTING VIOLATION(S) SAMPLE LOCATION: Violation penalty Type Amount Daily $229.00 Maximum Exceeded Violation Report Unit of Limit Calculated % Over Violation Date MonthNr Parameter Frequency Measure Value Value Limit Type 5/31/2023 4-2023 Late/Missing DMR Penalty Amount $0.00 DIVISION OF WATER RESOURCES - CIVIL PENALTY ASSESSMENT Violator: Nature Trails Association CLP Facility Name: Nature Trails MIiP WWTP Permit Number: NCO043257 County: Chatham Case Number: LV-2024-0016 ASSESSMENT FACTORS 1) 1)The degree and extent of harm to the natural resources of the State, to the public health, or to private property resulting from the violation; No known damage to environment, public health or private property 2) The duration and gravity of the violation; One daily maximum exceeded for fecal. Late DMR submission. 3) The effect on ground or surface water quantity or quality or on air quality; Not documented. 4) The cost of rectifying the damage; Not documented. 5) The amount of money saved by noncompliance; SAV'c�' �1 /�.M-C131h�i.ian�-t It is not believed that any money was saved by these violations. A,kf Iir40.,jt I s dr 6) Whether the violation was committed willfully or intentionally; It is not believed that the violations were committed intentionally. 7) The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority; and There have been 2 CPAs in the past year. 8) The cost to the State of the enforcement procedures. $106.36 Date Vanessa E. Manuel, Assistant Regional Supervisor Water Quality Regional Operations Section Raleigh Regional Office Division of Water Resources, NCDEQ 7 C O m r� R � _ e � O GQ7 fi e m V L`Z S _ IL p8 8 p$p M H G .o 3� .a a •� a � �12 ti 0. 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A | i � ! k ( J ]\ aLLLU! d i \ f ± � 7 / SLLLUk k ) f f � � �#> !\)$$\ afl�f= '«a §\)k a =tea �sKns § ! � ! \� - ■ ' k ■ � 7 k | ■° m° .m° 22a/ ■�a$ ;;;e ` ` � ■ ;z 2 �■ |� ■! ) §|| /�7 |!■ k}} OocuSign Envelope 10: 2A2F6E9F-20OB-4C75-B3AB-B8CB9F6F9449 TY COOPER E LILABE1 H 5. BNER R101ARD E ROGF-RS. IR Wa!'J , HOPI H CARl7t1f:R [nrl.onmratYf Quality Certified Mail # 7017 2680 0000 2237 3406 Return Receipt Requested July 24, 2023 Matthew E. Raynor Nature Trails Association CLP 524 Meadow Ave Loop Banner Elk, NC 28604-7402 SUBJECT: NOTICE OF VIOLATION & INTENT TO ASSESS CIVIL PENALTY Tracking Number: NOV-2023-LV-0507 Permit No. NCO043257 Nature Trails MHP WWTP Chatham County Dear Permittee: A review of the April 2023 Discharge Monitoring Report (DMR) for the subject facility revealed the violation(s) indicated below: Limit Exceedance Violation s Sample Location Parameter Limit Reported Date Value Value Type of Violation 001 Effluent Coliform, Fecal MF, MFC Broth, 4/21/2023 44.5 C (31616) Reporting Violation Sample Location Parameter 400 1,000 Daily Maximum Exceeded Date Type of Violation 5/31/2023 Late/Missing DMR A Notice of Violation/Intent to Issue Civil Penalty is being issued for the noted violation of North Carolina General Statute (G.S.) 143-215.1 and the facility's NPDES WW Permit. Pursuant to G.S. 143-215.6A, a civil penalty of not more than twenty-five thousand dollars ($25,000.00) may be assessed against any person who violates or fails to act in accordance with the terms, conditions, or requirements of any permit issued pursuant to G.S. 143-215.1. 4rO�.rou+.rtk�x7 .r�q•. �.w�-t. to Y• DocuSign Envelope ID 2A2F6E9F-20DB-4C75-83AB-BBCB9F6F9449 If you wish to provide additional information regarding the noted violation, request technical assistance, or discuss overall compliance please respond in writing within ten 10 business da s after receipt of this Notice. A review of your response will be considered along with any information provided on the submitted Monitoring Report(s). You will then be notified of any civil penalties that may be assessed regarding the violations. If no response is received in this Office within the 10-day period, a civil penalty assessment may be prepared. Remedial actions should have already been taken to correct this problem and prevent further occurrences in the future. The Division of Water Resources may pursue enforcement action for this and any additional violations of State law. If the violations are of a continuing nature, not related to operation and/or maintenance problems, and you anticipate remedial construction activities, then you may wish to consider applying for a Special Order by Consent. Reminder: Pursuant to Permit Condition 6 in Section E, the Permittee is required to verbally notify the Regional Office as soon as possible, not to exceed 24 hours, from first knowledge of any non-compliance at the facility including limit violations, bypasses of, or failure of a treatment unit. A written report may be required within 5 days if directed by Division staff. Prior notice should be given for anticipated or potential problems due to planned maintenance activities, taking units off-line, etc. If you have any questions concerning this matter or to apply for an SOC, please contact Cheng Zhang of the Raleigh Regional Office at 919-791-4200. Cc: Laserfiche Sincerely, �VV DocuSlnned by: AU ASOL f. ill aln ut,t, 82916EM832144F Vanessa E. Manuel, Assistant Regional Supervisor Water Quality Regional Operations Section Raleigh Regional Office Division of Water Resources, NCDEQ J , WVt? •M:. ihfo�a ...��r.. F.r W. �.n.xw..k.l� ALERT: SEVERE WEATHER CONDITIONS ACROSS THE NORTHEAST MAY DELAY FINAL DELIVERY OF YOU... USPS Tracking® FAQs > Tracking Number: Remove X 70172680000022373406 Copy Add to Informed Delivery (https:ginformoddelivery.usps.com/) i Latest Update Your item was delivered to an individual at the address at 7:11 pm on July 31, 2023 in BANNER ELK, NC 28604. 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FAQs v NPDES PERMIT NO.: NCO043257 FACILITY NAME: Nature Trails MHP WWTP OWNER NAME: Nature Trails Association CLP GRADE: WW-4. eDMR PERIOD: 04-2023 (April 2023) PERMIT VERSION:5.0 CLASS: W W-2 ORC: Pctcr Jay Saulsbury ORC HAS CHANGED: No VERSION: 1.0 PERMIT STATUS: Active COUNTY: Chatham ORC CERT NUMBER: 991623 STATUS: Submitted SAMPLING LOCATION: EFFLUENT DISCHARGE NO.: 001 NO DISCHARGE*: NO ****No Reporting Reason: ENFRUSE- No Flow-Reuse/Recycle; ENVWTHR - No Visitation Adverse Weather. NOFLOW - No Flow; HOLIDAY = No Visitation - Holiday Discharge Monitoring Report - Copy Of Record (COR NC0043257RVer_I.0 4 2023.pdf) NPDES PERMIT NO.: NCO043257 FACILITY NAME: Nature Trails MHP WWTP OWNER NAME: Nature Trails Association CLP GRADE: WW4. eDMR PERIOD: 04-2023 (April 2023) COMPLIANCE STATUS: Compliant PERMIT VERSION: 5.0 CLASS: WW-2 ORC: Peter Jay Saulsbury ORC HAS CHANGED: No VERSION: 1.0 CONTACT PHONE #: 9198013848 Electronically Certified by Peter Saulsbury on 2023-05-30 15:15:54.064 ORC/Certifier SignaIure:Peter Saulsbury 1 certify that this report is accurate and complete to the best of my knowledge. PERMIT STATUS: Active COUNTY: Chatham ORC CERT NUMBER: 99 162 3 STATUS: Submitted SUBMISSION DATE: 06-27:2023 Phone 4:919-801-3848 Date The permittee shall report to the Director or the appropriate Regional Office any noncompliance that potentially threatens public health or the environment. Any information shall be provided orally within 24 hours from the time the permittee became aware of the circumstances. A written submission shall also be provided within 5 days of the time the permittee becomes aware of the circumstances. The written submission shall be made as required by part II.E.6 of the NPDES permit. Electronically Signed by Matthew Raynor on 2023-06-27 15:51:47.39 Perm ittec/Submitter Signature: ***Matthew Raynor Phone #:919-960-5739 Date Permittee Address: l01 Nature Trl Chapel Hill NC 27514 Permit Expiration Date: 0413012026 1 certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who managed 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, LAB NAME.• Enco CERTIFIED LAB #: 550 PERSON(s) COLLECTING SAMPLES: Pew Saulsbury CERTIFIED LABORATORIES PARAMETER CODES Parameter Code assistance may be obtained by visiting htips://deq.nc,gov/about/divisions/water-resources;edmr: user -documentation. FOOTNOTES Use only units of measurement designated in the reporting facility's NPDES permit for reporting data. * No FIowlDischarge From Site; YES indicates that No Flow/Discharge occurred and, as a result, no data is reported for any parameter on the DMR for the entire monitoring period_ ** ORC on Site?: ORC must visit facility and document visitation of facility as required per 15A NCAC 8G .0204. *** Signature of Permittee: If signed by other than the permittee, then delegation of the signatory authority must be on file with the state per 15A NCAC 2B .0506(b)(2)(D). Discharge Monitoring Report - Copy Of Record (COR_NC0043257 Ver 1.0 4 2023.pd1) NPDES PERMIT NO.: NCO043257 PERMIT VERSION: 5.0 PER:�IITSTATUS: Acnw FACILITY NAME: Nature Trails MNP W WTP CLASS: W W-2 COUNTY: Chatham OWNER NAME: Nature Trails Association CLP ORC: Peter lay Saulsbury ORC CERT NUMBER: 991623 GRADE: W W-4. ORC HAS CHANGED: No eD�,MR PERIOD: 04-2023 (April 2023) VERSION: 1.0 STATUS: Submitted Report Comments: We exceeded the daily max for fecal colifornt on 4-21-2023. contact chambers were cleaned and sample taking procedures for grab samples were rcvtcwed. No other problems noted. The monthly average was in compliance_ o o 0 0 0 0 tV o n n n n n o n n d N N N to ko Op �y O O O O O _O M M O O C6 �1 r r O M Cl) M ir> id r ;in N n iCl tl ] LCI M m Y] iO CCU O z O z O z O z O z O z O z O z O z O z O z O z O z O z O z O z x a d M 0 o 0 0 0 0 Cl 0 O 0 o 0 o 0 C. 0 O 0 o 0 0 0 0 o 0 O 0 o O o O O N v O H9 C. 69 O b9 O V► O 69 O 09 O E9 O 69 O 49 O 69 CD 49 O M O v9 O bA O M 0 b9 N r c � N 3 .- Cy m a Tl- N o n r n O R N N N o 0 in r to (D n (O CD O m Cl) (1) N N N O (D M dD M O M Ch M N It It V a O C O � u) (n n bn9 0 b09 � u9 G 69 m v► V) 609 rn � rn 69b9 69 w � o oEEa _ 0 in t N � aE£ 0 O 0 0 (D N = 0 O O C. O CO. E Ge E '69 w�a = W T T = 0 0 0 C. 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N N N 0' N N It f6 U r• CJ VJ w V1 t1 Y) Y1 z z IxMO 0) 0) M OO M CD, O O O N C7 0 0 0 N_ O O O O O O O Q Q g p O O O 0 e m rn m 0) m m ao (D r O o m 0 6 0 o o o a to 0 (b 0 0 0 n 0 n 0 n o FF C m y E rn — 0 0 N N N N n N CD N N N N N O o p d d [0 3 r2 > > `JI 2 T2 2 rL � 2 > > (L d� V 2 J J J J J J J J J J _.J J J J J J a0 00 co O T OO m N O N NN N N N N N N N r r r N h Or V N 2 M � Cl) co Go co 0) .- m O Z O Z O Z O Z O Z O Z O Z O Z O z O Z O Z O Z O 2 O Z O Z O Z O Z O Z O Z O Z O Z 0 M O 0 O 0 O O O o O Cl O a O a O a O 0 O 0 O 0 O 0 O 0 O 0 O 0 O 0 O o O O O O O o O N 0 NV) N 0 u9 O V) O 69 O V) O W O V) O V) O 69 O 69 O 69 O V) C. in O 6969 O O 69 (D V) O V9 O 69 (D 69 Cl V) N A (O ('M h (O M h (O m (%I Cl) co co co h co h co h V CO 0) CO u) O) M Cn 0) h 0) Wn T (A 0) (A O) U� 0) O V r O N N co p O O N N cn r, M 1• CD N 1• CO N 1+ n 0) CO N 0 M V co �_ n V V) 0) N m 0) M m 0 N m 0) N m O (O U) M h V 69 69 V) Vi V) V) 69 649 V) 69 69 69 69 (A di V! 69 M (A da V) h O cV h O N_ �z iz O O O O O O O O O O 0 O O O O O O O C. 0 O O O O O O O O O O O O O O 0 69 0 V) 0 69 0 69 0 V) (D 6H 0 Vi Co 69 0 69 0 Vi 0 69 0 to 0 V) 0 V% 0 69 o 69 a V) h (o h (o h (m N M OD v co h CD h W 1+ OD h (� a (o 0) (o v) a) a) u7 0) (n a Un 0) u) 0 0 a) Un 0) (n It ((D V Cl) V 69 M V 69 V) R V) M CO V) N h (A )-I M in 1� M 69 r M V) h Cl) Vi Cl M fA 01 M 69 V 69 M 69 M V 69 M V 69 M V 69 M V 69 M V 69 M V to M V 69 O r V) Q O O O O O O O O O O O O O O O O O O O O O O O O O CD O O O O O a O o O O O O (f) o Cd) N N O a iO V O W[ N— O O O W) N O (O N— O O 0 to N— O O CD O_ Cl O_ CD O_ O (O N O CO m O (O N O LC) N O Ln N_ M N r M d♦ V) 69 69 6909 VA V) W. V) 6961). V) 69 Vl 69 69 V) 49 FA 69 Ih O V h O m h O as O M r ap h = h h = m M O r O N (� CDN N M O N N N (O N N )(') N N N N N N r N N 7 N N C M N M V N ) ) (D r C`/) a�D V C� 1+ .- N V) E`0 (O C`0 06 N OD r N N h O O h a O h O C. O C. O M O CD r0 N h O h r0 N O O O O 0) O O N C. O Cl) O O N O N O N C. N N N O N N O N N O N N O N N O N N N m N V N a0 N V r N V r N N 1l N CO N N N (O N h N V N r N r N N N M N N ))") O 0 r 0 N 0 0 N 0 co O 0 Ln N 0 ti O 0 tN N O 0 O o M O O M a n M a m O o h O O 60 o M O Q O N O M O q LO N O � a c O O O CD O O a M O h a 1, 4 co O 0) O O NO O NO O N O O N G N O N N O CV N O N N O N N C.C. N N C%1 N CD- (`)) N CD N N N N N N N N N N N N N N N N N N N ii N J N J M N tz M O Z M 0 0 N[n 00 to O CD O Cl) Vl fA cIs 0 N N to 0 0 c O fA 0 0 ui N M M N N O N n 41 Cl Cl O M N 0 N R F H J DocuSign Envelope ID: F567E9D5-069C-47CF-BBCE-6CS85824CBF7 NPDES Permit NCO043257 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY 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, Nature Trail Associates CLP is hereby authorized to discharge wastewater from a facility located at the Nature Trail MHC WWTP 326 Nature Trail, Chapel Hill 27517 Chatham County to receiving waters designated as Cub Creek in the Cape Fear 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 November 1, 2021 This permit and authorization to discharge shall expire at midnight on April 30, 2026. if the permittee intends to continue discharging at the facility beyond the term of this permit, a renewal application must be submitted no later than October 1, 2025 (I80 days before the expiration of this permit) Signed this day October 27, 2021 DocuSigned by: E832818144MESW. S. Daniel Smith, Director Division of Water Resources By Authority of the Environmental Management Commission Page 1 of 9 DocuSign Envelope ID: F567E9D5-069C-47CF-BBCE-6C885B24C6F7 PART I NPDES Permit NCO043257 A. (1.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS [15A NCAC 02B .0400 et seq., 02B .0500 et seq.] Grade 11 Biological Water Pollution Control System [15A NCAC 08G.0302] During the period beginning on the effective date of this permit and lasting until expansion above 0.04 MGD or expiration, the Permittee is authorized to discharge from outfall 001. Such discharges shall be limited, monitored and reported' by the Permittee as specified below: EFFLUENT CHARACTERISTICS eDIVIIt Code LIMITS MONITORING RE UIREMENTSI Monthly Average Deily Maximum Measurement Frequency Sample Type Sample Location Flow (MGD) 50050 0.04 MGD Continuous Recording I or E BOD, 5-day (20°C) (mg(L) C0310 17.0 mg/L 25.5 mg/L Weekly Composite E Total Suspended Solids (mg/L) C0530 30.0 mg/L 45.0 mg/L Weekly Composite E NH3 as N (mg/L) (April 1 - October 3 i C0610 2.6 mg/L 13.0 mg/L Weekly Composite E NH3 as N (mg/L) November I - March 3 i C0610 5.2 mg/L 26.0 mg/L Weekly Composite E Dissolved Oxygen (DO) 00300 Daily average not less than 5.0 Weekly Grab E Dissolved Oxygen (DO) 00300 Monitor & Report Weekly Grab U & D Fecal Coliform 3 (#/100m1) 31616 200 ! 100 m1 400 ;' 100 ml Weekly Grab E Total Residual Chlorine (TRC) 4 50060 2g N$IL4 2lWeek Grab E Temperature (°C) 00010 Monitor & Report Daily Grab E Temperature (°C) 00010 Monitor & Report Weekly Grab U & D Total Nitrogen (TN) (mg/L) C0600 Monitor & Report Quarterly Composite E Total Phosphorus (TP) (mg/L) C0665 Monitor & Report Quarterly Composite E pH (su) 00400 ? 6.0 & 5 9.0 standard units Weekly Grab E Footnotes: I. The permittee shall submit discharge monitoring reports electronically using the NC DWR's eDMR system [see A. (5)]. 2. Upstream - at least 50 feet upstream from the outfall. Downstream -- at least 1.2 miles downstream from the outfall. 3. Fecal Coliform shall be calculated using the geometric mean, according to the procedure detailed in Part 11. Section A. 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 North Carolina certified test methods (including field certified), even if these values fall below 50 µg(L. Conditions: • There shall be no discharge of floating solids or foam visible in other than trace amounts. Page 3 of 9