NC0088188_owner (name change)_20240313

s NC DEPARTMENT OF ENVIRONMENTAL QUALITY
DIVISION OF WATER RESOURCES
WATER QUALITY PERMITTING SECTION
NPDES PERMITTING
PERMIT NAME/OWNERSHIP CHANGE FORM
CURRENT PERMIT INFORMATION:
Permit Number: NC00__Lj__8 J_ 1 /_§ _/__L or NCG5_/_/_J_/_
1. Facility Name: &WAC, VNI Vl "W TF
NEW OWNER/NAME INFORMATION:
1. This request for a name change is a result of:
X a. Change in ownership of property/company
b. Name change only
c. Other (please explain):
New owner's name (name to be put on permit):
Hatley Pointe, LLC
3. New owner's or signing official's name and title: Deborah Hatlev
(Person legally responsible for permit)
Owner/President
(Title)
4. Mailing address: 144 Lake Meadow Drive City: Johnson City
State: TN Zip Code: 37615 Phone: [phone]
E-mail address: [e-mail]
FACILITY AND DISCHARGE INFORMATION
1. Will the waste stream for the facility remain the same as under the previous owner? Yes ® No ❑
2. Will the treatment system and discharge location remain the same? Yes ® No ❑
"No Responses"
If either or both of these questions are answered "No" then more information will be needed to review the
request. Please attach documentation to describe and explain the changes to the facility activities, waste
stream, treatment process or outfall location. The Division may not be able to process the Permit
Name/Ownership Change request and may require that the new owner file a new permit application.
Ek Q
� North Carolina Department of Environmental Quality I Division of Water Quality
-��$j 512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617
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:Co." 919.707.9000

NPDES Name and Ownership Change
Page 2 of 2
THIS APPLICATION PACKAGE WILL NOT BE ACCEPTED BY THE DIVISION UNLESS ALL OF THE
APPLICABLE ITEMS LISTED BELOW ARE INCLUDED WITH THE SUBMITTAL.
REQUIRED ITEMS:
1. This completed application form
2. Legal documentation of the transfer of ownership (such as a property deed, articles of
incorporation, or sales agreement)
3. Information to document facility, waste stream, treatment system or outfall changes as noted in
item III above (if appropriate)
Applicant's Certification:
I, b wal l A. t4x+t attest that this application for a
name/ownership change has been reViP1A11-(AJnd is accurate and complete to the best of my knowledge.
I understand that if all required parts of this application are not completed and that if all required
supporting information and attachments are not included, this application package will be returned as
incomplete. I understand that Permit Name/Ownership Change can only take place through action
taken by the Division of Water Resources and that no actions on my part or the part of my company
result in the automatic transfer of permit coverage.
Signatu Date: U� Z 2 02. `1
THE COMPLETED APPLICATION PACKAGE, INCLUDING ALL SUPPORTING INFORMATION & MATERIALS,
SHOULD BE SENT TO THE FOLLOWING ADDDRESS:
INC DEQ / DWR / NPDES
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
Version 07/2021

PURCHASE AGREEMENT
This PURCHASE AGREEMENT (the "Agreement") is made and entered into as of
May 26, 2023, by and between SCENIC WOLF DEVELOPMENT, LLC, a North Carolina
limited liability company ("Seller") and HATLEY RIDGE, LLC. a Tennessee limited liability
company, ('Buyer,"), to wit:
WITNESSETH
WHEREAS, Seller is the owner and holder of certain permits and related rights to the
construction and operation of a waste water treatment facility to be constructed and located on
land owned by Buyer with the address of Puncheon Folk Road, Mars Hills, Madison County,
North Carolina; and
WHEREAS. Buyer is desirous of purchasing such rights and interests pursuant to the
terms and conditions hereof.
NOW, THEREFORE, in consideration of the premises and of the mutual covenants
contained herein, the Parties agree as follows:
1. Sale and Purchase.
(a) On the terms and subject to the conditions of this Agreement, at the
Closing referred to in Section 3 of this Agreement, Seller shall sell, contribute, convey, assign
and transfer and deliver to Buyer, and Buyer shall purchase, acquire and accept delivery of, all
Seller's right, title and interest in and to the following: (i) Authorization to Construct and operate
a 100% domestic wastewater treatment facility in accordance with the North Carolina
Department of Environmental Quality, Division of Water Resources (ATC) No. 088188 issued to
Seller and dated August 10, 2007, as thereafter amended or supplemented (the "Authorization to
Construct"), and (ii) National Pollution Discharge Elimination System (NPDES) Permit issued
by the State of North Carolina Department of Environmental Quality, Division of Water
Resources with an initial effective date of December 1, 2007 issued to Seller and as thereafter
renewed including through September 30, 2025 (the "NPDES Discharge Permit"). The
Authorization to Construct and NPDES Discharge Permit are attached collectively as Exhibit A.
(b) The sale. transfer, conveyance. assignment and delivery by Seller of the
Authorization to Construct and the NPDES Discharge Permit shall be by Seller's execution and
delivery to Buyer of one or more bills of sale, assignments or conveyance documents acceptable
in form and content to Buyer at Closing.
(c) Notwithstanding anything to the contrary set forth herein, in no event shall
Buyer assume or be responsible for or be required to pay, perform or discharge any liability,
obligation, debt, cost, expense or commitment of Seller, whether absolute or contingent, accrued
or unaccrued, asserted or unasserted, or otherwise, all of which shall be retained by Seller. Seller
further agrees to satisfy and discharge as the same shall become due all obligations and liabilities
of Seller related to the Authorization to Construct, the NPDES Discharge Permit or otherwise
related to Seller's business or operations.

2. Purchase Price. As consideration for Buyer acquiring the rights, title and interests
of Seller in and to the Authorization to Construct and the NPDES Discharge Permit, Buyer shall
pay Seller, subject to the terms of this Agreement, the total sum of $300.000 (the "Purchase
Price"), payable as follows:
(a) The sum of $100,000 to be paid at Closing.
(b) The sum of $100,000 on December 31, 2024, provided that Seller has
received the written consent or written approval from the North Carolina Department of
Environmental Quality. Division of Water Resources ("Water Resource Division") of the
transfer or assignment of the Authorization to Construct and the NPDES Discharge Permit from
Seller to Buyer or Buyer's designee and in a form satisfactory to Buyer and his counsel.
(c) The sum of $100,000 upon the earlier of (i) the commencement of
construction of the Waste Water Treatment Plant authorized by the Authorization to Construct,
or (ii) September 30. 2025, provided that the conditions set forth in subsection 2.(b) above have
been fully satisfied and Seller has received the consent and approval of the Water Resource
Division to open and operate the Waste Water Treatment Plant.
For the avoidance of doubt. no portion of the Purchase Price, except the initial
$100,000 installment, shall be due Seller from Buyer if the Water Resources Division fails or
refuses to approve the transfer or assignment of the Authorization to Construct and the NPDES
Discharge Permit to Buyer or its designee or the Water Resource Division does not approve the
opening and operating of the Waste Water Treatment Plant upon completion of construction.
The payments to Seller from Buyer shall be in cash or immediate available funds.
(d) If any portion of the Purchase Price has been paid by Buyer to Seller, but
if the Water Resource Division does not approve and authorize (i) the transfer or assignment of
the Authorization to Construct and the NPDES Permit from Seller to Buyer, or (ii) the opening
and operation of the Waste Water Treatment Plant, then in either event, any portion of the
Purchase Price paid by Buyer to Seller shall be immediately refunded or repaid by Seller to
Buyer.
Closing. The closing of the transactions contemplated hereby (the "Closing") shall be
held as of 12:01 p.m., prevailing time, on May 26, 2023, at the offices of Hunter, Smith & Davis,
LLP. 1212 North Eastman Road, Kingsport, Tennessee 37664, or at such other time or on such
other date as may be mutually agreeable to the Buyer and Seller. The date as of which the
Closing occurs is hereinafter referred to as the "Closing Date."
At the Closing, Seller shall deliver to Buyer (a) such bills of sale or assignments and
other documents necessary to transfer to Buyer the Authorization to Construct and the NPDES
Discharge Permit; (b) such certificates as to incumbency, as to the correctness of representations
and warranties, as to corporate actions, as to good standing, and otherwise as Buyer has
reasonably requested (c) a certificate of non -foreign status of Seller; (d) resolutions of the
members, managers and,or directors of Seller authorizing and approving the transactions

contemplated by this Agreement; and (e) such other documents as may be reasonably requested
by Buyer.
3. Seller's Representations and Warranties.
Seller hereby represents and warrants to Buyer, that:
(a) Seller is duly organized, validly existing and in good standing under the
laws of the state of formation and have the power to own, manage, lease and hold its properties
and to carry on its businesses as and where such properties are presently located and such
businesses are presently conducted.
(b) This Agreement has been duly executed and delivered by Seller and
Seller has all requisite power and legal capacity to execute and deliver this Agreement and to
consummate the transactions contemplated hereby, and to perform its obligations hereunder.
This Agreement constitutes, or upon execution and delivery will constitute, the legal, valid and
binding obligation of Seller, enforceable in accordance with its terms, except as such
enforcement may be :imited by general equitable principles, matters of public policy, or by
applicable bankruptcy, insolvency, moratorium, or similar laws and judicial decisions from time
to time in effect which affect creditors' rights generally.
(c) The Seller is currently not in default of or failed to perform any obligation
under the Authorization to Construct or thee NPDES Discharge Permit.
(d) No suit, action or other proceeding is pending or, to the knowledge of
Seller, threatened before any governmental authority seeking to restrai Seller from entering into
this Agreement, prohibit the Closing. or seeking damages against Seller.
(e) Seller is and has been in material compliance with any and all legal
requirements applicable to Seller or applicable to Seller's business or operations.
(f) There are no claims, actions, suits, investigations or proceedings
(regardless of whether formal or informal) against Seller pending or, to the knowledge of Seller,
threatened in any court or before or by any governmental authority, or before any arbitrator, and
to the knowledge of Seller, there is no basis for any such claim, action, suit, investigation or
proceeding.
(g) The information furnished by Seller to Buyer pursuant to --.r in connection
with this Agreement does not contain any untrue statement of a material fact or does not omit to
state a material fact necessary to make the statements contained herein or therein not misleading.
(h) The only name under which Seller has previously conducted business is
"Scenic Wolf Development, LLC."
(i) Neither the Seller or Buyer have retained, utilized or been represented by
any broker or finder in connection with the transactions contemplated by this Agreement.

6) Seller holds good title to the Authorization to Construct ands the NPDES
Discharge Permit and neither is subject to any lien, security interest or other encumbrance.
(k) The execution and delivery of this Agreement or carrying out the
transaction contemplated hereby require Seller to obtain the authorization, consent or approval of
any third party, except as set forth herein.
(1) Except for the commitments of Seller set forth in this Agreement, Seller is
not a party to or bound by any oral or written agreement regarding the sale, lease or assignment
or of the Authorization to Construct or the NPDES Discharge Permit or to sell or convey other
assets or rights of Seller.
Post Closing Obligations of Seller.
(a) Indemnity. Seller agrees to indemnify and hold harmless Buyer from and
against any and all damages arising out of, resulting from or related to (i) a breach of, or the
failure to perform or satisfy any of, the representations, warranties, covenants and agreements
made by Seller in this Agreement, (ii) any liabilities or obligations of Seller (whether accrued,
absolute, contingent, known or unknown, or otherwise, and whether or not of a nature
appropriate for including in a balance sheet); (iii) any transaction, status, event, condition,
occurrence, or situation in any way relating to the Authorization to Construct or the NPDES
Discharge Permit, in each case arising or occurring in whole or in part on or prior to the Closing
Date without regard to whether the claims have been asserted on the Closing Date or are asserted
at any time thereafter; (iv) any tax that accrued on or before the Closing Date; and (v) any and
all actions, suits, proceedings, demands, assessments or judgments, costs and expenses incidental
to any of the foregoing.
(b) Non -Competition. `FV-Ahout the prior written consent, Seller shall not for a
period of seven (7) years from and after the Closing Date directly or indirectly (for itself or on
behalf of or in conjunction with any other person, including by means of a management.
advisory, operating, consulting or similar agreement or as a consultant. agent, employee,
shareholder, partner, joint venturer; investor, holder of equity securities or any type of advisor
whatsoever of any person or otherwise) engage or participate in the design, construction or
operation of a waste water treatment plant or related facility, business or entity that provides
services incidental thereto or derived therefrom (the "Business") anywhere in the States of North
Carolina or Tennessee (the "Territory"). Seller expressly authorizes the enforcement of the
covenants provided in this Section 6 by Buyer, Buyer's permitted assigns, and any successor to
Buyer. To the extent that the covenants provided for in this Section may later be deemed by a
court to be too broad to be enforced with respect to its duration or with respect to any particular
activity or geographic area, Seller agrees that such restrictive covenant shall not be terminated
but the court making such determination shall have the power to reduce the duration or scope of
the provision to the maximum enforceable, and to add or delete specific words or phrases to or
from the provision. The provision as modified shall then be enforced. Further, during any
period of violation by a breaching party, as determined by a court with competent jurisdiction,
,hc time period shall be extended for the amount of time of the breach by such breaching party.
4

(c) Injunction. it is recognized and hereby acknowledged by the Seller and
Buyer that a breach or violation by Seller of any or all of the covenants and agreements
contained in this Section 5 may cause irreparable harm and damage to Buyer in a monetary
amount which may be difficult to ascertain. As a result, Seller recognizes and hereby
acknowledges that Buyer shall be entitled to an injunction from any court of competent
jurisdiction enjoining and restraining any breach or violation of, or threatened breach or violation
of, any or all of the covenants and agreements contained in this Section by Seller and/or any
associates, affiliates, partners or agents thereof, either directly or indirectly, and that such right to
injunction shall be cumulative and in addition to whatever other rights or remedies Buyer may
possess hereunder, at law or in equity. Nothing contained in this Section shall be construed to
prevent Buyer from seeking and recovering from Seller damages sustained by it as a result of any
breach or lation by Seller of any of the covenants or agreements contained in this Section.
(d) Transition of Ownership. Seller will use its best efforts to assist and
cooperate with Buyer in the application for and transition of ownership of the Authorization to
Construct and the NPDES Discharge Permit to Buyer. Seller will further use i s contacts and
experience with the Water Resources Division to facilitate such ownership transition. If
requested by Buyer, Seller will provide consulting and related services with respect to :he
permitting process, the construction, the testing and the operation of the waste water treatment
facility contemplated by the Authorization to Construct.
6. No Successor Liability. Seller and Buyer intend that, to the fullest extent
permitted by applicable law, upon the Closing, Buyer shall not be deemed to: (i) be the successor
to Seller, (ii) have, de facto, or otherwise, merged with or into Seller, (iii) be a mere continuation
or substantial continuation of Seller, or (iv) be liable for any acts or omissions of Seller in the
conduct of any business of Buyer or arising under or related to the Authorization to Construct or
the NPDES Discharge Permit, other than as expressly set forth in this Agreement. Without
limiting the generality of the foregoing, and except as otherwise provided in this Agreement,
Seller and Buyer intend that Buyer shall not be liable for any liens or encumbrances against
Seller or Seller's properties or any of its predecessors or affiliates, and Buyer shall have no
successor or vicarious liability of any kind or character whether known or unknown as of the
Closing Date, whether now existing or hereinafter arising, or whether fixed or contingent, with
respect to the business of Buyer, the Authorization to Construct and the NPDES Discharge
Permit and any liabilities of Seller arising prior to the Closing Date.
7. Tax Returns. Seller will, at its own expense, file all necessary tax returns and
other documentation with respect to all transfer, documentary, sales, use, stamp, registration and
other taxes and fees that it is required to file under applicable law. and, if required by applicable
law.
8. Miscellaneous.
(a) Costs and Expenses. Seller and Buyer shall each bear its own expenses
(including, but not limited to, fees and expenses of counsel, accountants and other professionals)
incurred by it in connection with the negotiation, preparation, execution and closing of this
Agreement, and the transactions contemplated hereby. Seller agrees to pay any and all sales.
income, transfer and use and/or similar taxes or fees which may become due in connection with

the transactions contemplated hereby including the receipt of the Purchase Price, none of which
shall be assumed by or the obligation of Buyer.
(b) Notices. Am- notice, request, instruction, correspondence or other
document to be given hereunder by any Party to another (herein collectively called "Notice")
shall be in writing and delivered personally or mailed by registered or certified mail, postage
prepaid and return receipt requested, or by overnight carrier, as follows:
IF TO BUYER: HATLEY RIDGE, LLC
144 Lake Meadow Drive
Johnson City, Tennessee 37615
Attn: Deborah Hatley
With a copy to
Mark S. Dessauer, Esq.
HUNTER, SMITH & DAVIS, LLP
1212 North Eastman Road
Kingsport, Tennessee 37664
Telecopy No. [phone]
IF TO SELLER: Scenic Wolf Development, LLC
578 Valley View Circle
Mars Hill, North Carolina 28754
With a copy to:
1�'Cpn. .snpl�, L L L
e t -
Each of the above addresses for notice purposes may be changed by providing
appropriate notice hereunder. Notice given by personal delivery, registered mail or overnight
mail shall be effective upon actual receipt.
(c) Governing Law. The provisions of this Agreement and the documents
delivered pursuant hereto shall be governed by and construed in accordance with the laws of the
State of Tennessee (excluding any conflict of law rule or principle that would refer to the laws of
another jurisdiction). Each party irrevocably submits to the jurisdiction of the Circuit or
Chancery Court of the State of Tennessee, Washington County or the United States District
6

Court for the Eastern District of Tennessee, in any action or proceeding arising out of or relating
to this Agreement, and each party hereby irrevocably agrees that all claims in respect of any such
action or proceeding must be brought and/or defended in either such court. Each party hereto
consents to service of process by any means authorized by the applicable law of the forum in any
action brought or arising out of this Agreement, and each party irrevocably waives, to the fullest
extent eacr. may effectively do so, the defense of an inconvenient forum to the maintenance of
such action or proceeding in any such court.
(d) Entire Agreement; Amendments and Waivers. This Agreement, together
with all exhibits and schedules attached hereto, constitutes the entire agreement between and
among the parties hereto pertaining to the subject matter hereof and supersedes all prior
agreements, understandings, negotiations and discussions, whether oral or written, of the parties,
and there are no warranties, representations or other agreements between the parties in
connection with the subject matter hereof except as set forth specifically herein or contemplated
hereby. No supplement, modification or v a'ver of this Agreement shall be binding unless
executed in writing by the party to be bound thereby. No waiver of any of the provisions of this
Agreement shall be deemed or shall constitute a waiver of any other provision hereof (regardless
of whether similar), nor shall any such waiver constitute a continuing waiver unless otherwise
expressly provided.
(e) Binding Effect and Assignment. This Agreement shall be binding upon
and inure to the benefit of the parties hereto and their respective permitted successors and
assigns; but neither this Agreement nor any of the rights, benefits or obligations hereunder shall
be assigned, by operation of law or otherwise, by any party without the prior written consent of
the other parry, provided, however. that nothing herein shall prohibit (i) the assignment of
Buyer's rights and obligations to any affiliate company, provided that Buyer gives notice of such
assignment to Seller or (ii) the assi -,ent of Buyer's rights (but not obligations) to any lender.
Nothing in this Agreement, express or implied, is intended to confer upon any person or entity
other than the parties and their respective permitted successors and assigns, any rights, benefits
or obligations hereunder.
(f) Multil2le Counterparts. This Agreement may be executed :r: one or more
counterparts, each of which shall be deemed an original, but all of which together shall constitute
one and the same instrument. Signatures by facsimile or PDF (Portable Document Format) shall
be deemed originals.
(g) Survival. Any provision of this Agreement which contemplates
performance or the existence of obligations after the Closing Date, and any and all
representations and warranties set forth in this Agreement, shall not be deemed to be merged into
or waived by the execution and delivery of the instruments executed at the Closing, but shall
expressly survive Closing and shall be binding upon the party obligated thereby in accordance
with the terms of this Agreement.
(h) AttQmey'.s_Eees. In the event that any suit or other legal proceeding is
brought for the enforcement of any of the provisions of this Agreement, the Parties agree that
prevailing party shall be entitled to recover from the other party upon final judgment on the

merits reasonable attorneys' fees (and sales tax thereon, if any), including attorney's fees for any
appeal, and costs incurred in bringing such suit or proceeding.
[SIGNATURE PAGE FOLLO rN Sj

;N WITNESS WHEREOF. the parties hereto have executed this Agreement as of the day
and date first written above.
SELLER
SCENIC W �j4EyE�,OPMENT, LLC
Natrfe:
Title:
BUYER:
9

EXHIBIT A

Water Resources
ENVIRONMENTAL OUALITY
Mr. Rick Bussey, Owner Member Manger
Scenic Wolf Development, LLC
578 Valley View Circle
Mars Hill, NC 28754
PAT MCCRORY
Gove r or
DONALD R. VAN DER VAART
Secrctmy,
S. JAY ZIMMERMAN'
November 30, 2015 Director
Subject: Issuance of NPDES Permit NC0088188
Scenic Wolf Mountain WWTp
Puncheon Fork Road, Mars Hill 28754
Dear Mr. Bussey; Madison County
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.
The Division understands that you have made no significant changes to your facility the last permit
renewal. We have made the following updates to your previous permit:
• updated the facility description (see supplement to cover sheet) and Map
• added parameter codes to Section A. (1.)
• added the limit for DO to the effluent table and removed footnote
• added Electronic Reporting - Discharge Monitoring Reports page [Section A. (3.)].
Please be aware that in 2009, the entire Big Laurel Creek watershed (including Puncheon Creek) was
reclassified to Outstanding Resource Waters. (ORW). In accordance with 15A NCAC 2B.0225, the ORW
stream classification does not allow for any new wastewater discharges or expansions of existing
wastewater discharges. The renewed permit retains the provision for this facility to expand to an ultimate
flow capacity of 0.3 MGD, but no additional expansions will be allowed beyond that volume. While the
existing expansion provision is preserved in the permit, justification will have to be provided for the
increase in design flow prior to approval of any expansion and the facilities to be constructed will have to
demonstrate they will protect water quality standards associated with the ORW classification.
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 D WR's
Electronic Discharge Monitoring Report (e.DMR) inteinet application has been added to your NPDES
permit. [See Special Condition A. (3.)] For information on eDMR, repstering for eDMR and obtaining
an eDMR user account, please visit the following web page:
1617 Mail Service Center, Raleigh, North Carolina 27699-1617
Phone: [phone] , rntamet w"vw.nc%vaterquality.org
An Equal Opportunity \ Affirmative Action Employer— Made in part by recycled paper

Mr. Bussey
November 30, 2015
Page 2 of 2
http://poital.nedenr.org/web/wq/admin/bog/ipti/ednu.
For information on EPA's proposed NPDES Electronic Reporting Rule, please visit the following web
site:
http://wwiv2.epa.90v/compliance/proposed-npdes-electionic-reporting-rule.
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 inay
require modification or revocation and reissuance of the permit. This permit does not affect the legal
requirements to obtain other permits which ma} be required by the Division of Water Resources or any
other Federal, State, or Local governmental permits that may be requited.
If you have questions, or if we can be of further service, please contact Derek Denard at
[derek.denard@ncdem•.gov] or cail [phone].
,4tfully,
Zimmerman, P. irector
Division of Water Res urces, CDEQ
Enclosure: NPDES Permit NC0088188 (Issuance Final)
hc: Central Files
NPDES Program Files
ARO Files/ Attn. Landon Davidson
North Carolina Wildlife Resources Commission Division of Inland Fisheries/ Attn: Shannon Deaton, Habitat
Conservation Program Manager [1721 Mail Service Center, Raleigh, NC 27699]

NPDES Permit NCO088 i 8 8
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENTAL QUALITY
DIVISION OF WATER RESOURCES
PERMIT
TO DISCHARGE WASTEWATER UNDER THE
NATIONAL POLLUTANT DISCHARGE FT IMINATION SYSTEM
MDES)
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 Environtnental Management
Commission, and the Federal Water Pollution Control Act, as amended,
Scenic Wolf Development, LLC
is hereby authorized to discharge wastewater from a facility located at the
Scenic Wolf Mountain WWTP
Puncheon Fork Road, Mars Hill 28754
Madison County
to receiving waters designated as Puncheon Fork in the French Broad River Basin, in accordance with
effluent limits, monitoring requirements, and other conditions set forth in Parts I, II, III and IV hereof.
This permit shall become effective JallUaly 1, 2016,
This jermit and authorization to d sefiarge shall expire at midnight on September 30, 2020.
Signed this day November 30, 2015.
5 Zimmerman, P.G., Director
i
ivision of Water Resources
By Authority of the Enviromnental Management Commission
Page 1 of 6

NPDES Permit NCO088188
St.T'PLENIE T TO PERMIT COVER SHEET
All previous NPDES peanuts 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.
Scenic Wolf Development, LLC
is hereby authorized to:
l . construct and operate a 100% domestic wastewater treatment facility in accord with the
Division's Authorization to Construct (ATC) No. 088188 A01; with the following
components;
• a dual bar screen
• odor control system
• six (6) flow equalization tanks
• six (6) anoxic tanks
• 21 aeration tanks
• six (6) secondary clarifiers
• six (6) media filters
• dual channel UV disinfection
• an effluent cooling system
• three (3) sludge digester tanks
these facilities, to be located on Punche:ri Fork Road, Mars Hill, Madison County, and
2. after submitting an Engineers Certification documenting that facilities are completed and
operating in accord with the above ATC at flows not to exceed 0.225 MGD; and after
receiving the Division's authorization to operate, discharge from said treatment works via
Outfall 001 (as described below), and
3. only after requesting permission from the Division to expand flow, and after submitting an
Engineers Certification documenting treatment -system compliance with said expansion not -
to -exceed 0.300 MGD; and after receiving the Division's authorization to operate, then
4. discharge from said treatment works via Outfall 001, at the location specified on the
attached map, into Puncheon Fork Creek [Stream Segment 6-112-51 a waterbody currently
classified C; Tr, ORW, located within subbasin 04-03-04 [HUC: 060101051001] of the
French Broad River Basin,
Page 2 of 6

NPDES Permit NCO088188
PART I
A. (L) EFFLUENT LIMITATIONS AND MONITORING .REQUIREMENTS
[15A NCAC 02B .0400 et seq., 02B .0500 et seq.]
During the period beginning upon receipt of an Engineers Certification for a 0.225 MGD treatment
facility, and lasting until expansion above 0.225 MGD or permit expiration, the Peimittee is authorized
to discharge treated domestic wastewater via Outfall 001. Such discharges shall be limited, monitored
and reported' by the Peimittee as specified below:
EF'LUENT
CHARACTERISTICS
[Parameter Codes]
50050
LFlowMGD)
rature (°C)
00010
Residual Chlorine (TRC) 3 (µgtL)
50060
,5-day (20°C) (mg/L)
(April 1 —October 31
C0310
BOD, 5-day (20°C) (mg./l.)
November I —J 9 31
C0310
Total Suspended Solids (TSS) (mg/L)
C0530
NH3-N (April 1-October 31) (mg/L)
C0610
NH3-N (November 1-March 31) (mg/L)
C061,p
Fecal Coliform 4 (#/loom])
31616
pH (su)
00400
Dissolved Oxygen (mg/L)
00300
Temperature 5 (1C)
00010
Dissolved Oxygen 6(mg/L)
00300
.LBITTS
Monthly Daily
Average Maximum
0.225 MGD
28 µglL 3
5.0 mg/L 7.5 mg/L
10.0 mg/L 15,0 mg/L
10.0 mg/L 15.0 mg/L
2.0 mg/L 10.0 mg/L
4.0 mg/L 20.0 mg/L
2001100 ml 400/10o m1
> 6.0 and < 9.0 standard units
6.0 mgtL
MONITORING.
RE UIRE,MENTS1
%easurement Sample Sample
Frequency
Continuous
Daily
2/Week
Weekly
Weekly
Weekly
Weekly
Weekly
Weekly
Weekly
Weekly
Weekly
Weekly
Type LDcgt
Recording E
Grab E
Grab g
Grab E
Grab E
Grab E
Grab E
Grab E
Grab E
Grab E
Grab E
Grab U, D
Grab U, D
Footnotes:
1. 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. Sample Locations: E = Effluent, U = 50 feet upstream of the outfall, D =100 feet downstream of the outfall.
3. 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.
4. Fecal Colifw-n shall be calculated using the geometric mean, according to the procedure detailed in Part 11. Section A.
5. Instream temperature shall not be increased by more than 0.5 *C.
6. The effluent dissolved oxygen concentration shall not cause the dissolved oxygen of the receiving stream to drop
more than 0.5 mg/L below background levels.
Conditions:
• There shall be no discharge of floating solids or foam visible in other than trace amounts.
Page 3 of 6

NPDES ;'en -nit NCO088188
A. (1.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS
[15A NCAC 02B .0400 et seq., 02B .0500 et seq.]
During the period beginning upon receipt of an Engineers Certification for a 0.3 MGD treatment
facility, and lasting until permit expiration, the Permittee is authorized to discharge treated domestic
wastewater via Outfall 001. Such discharges shall be limited, monitored and reported' by the Permittee
as specified below:
EFFLUENT
LBUTS MONITORING
CHARACTERISTICS
RE-QUIREWNTS1
Monthly
Daily Measurement Sample Sample
[Par'ameter Codes]
Average
Maximum Frequeiicy Type Location
_
Flow (MGD) _
50050
0.3 MGD Continuous Recording E
00010
Temperature (°C)
Daily Grab E
50060
28 µg/ 3 2 / Week
Grab
E
Total Residual Chlorins (TRC) 3 (µg/L)
BOD, 5-day (20°C) (mg/L)
(April i—October 31)
C0310
5.0 mg/L 7.5 mg/L Weekly
10.0 mg/L 15.0 mg/L Weekly
Grab
E
BOD
(Nov bee (— Ma (mg/L)
(NovemberC0310
❑vember 1 — Mati 31
Grab
E
—�
Total Suspended Solids (TSS) (mg/L)
C0530
10.0 mg/L 15.0 mg/L Weekly
Grab
E
NH3-N (April 1-October 31) (mg/L)
C0610
2.0 mg/L 10.0 mg(L Weekly
Grab
E
NH3-N (November 1-March 31) (mg(L)
C0610
4.0 mg/L 20.0 mg/L Weekly
200/100 m1 400/100 ml Weekly
> 6.0 and < 9.0 standard units Weekly
Grab
E
Fecal Coliform 4 (#Il00nil)
31616
Grab
E
PH (su)
00400
Grab E
Dissolved Oxygen (mg/L)
00300
6,0 mg/L Weekly
Grab E
Grab U. D
Temperature $ (°C) 0010,
Weekly
T
Dissolved oxygen 6 (mg/L) 00300
Weekly
Grab U, D
Footnotes:
1. 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. Sample Locations: E = Effluent, U = 50 feet upstream of the outfall, D =100 feet downstream of the outfall.
3. 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.
4. Fecal Coliform shall be calculated using the geometric mean, according to the procedure detailed in Part JI. Section A.
5. Instream temperature shall not be increased by more than 0.5 °C.
6. The effluent dissolved oxygen concentration shall not cause the dissolved oxygen of the receiving stream to drop
more than 0.5 mg/L below background levels.
Conditions:
0 There shall be no discharge of floating solids or foam visible in other than trace amounts.
Page 4 of 6

NPDES Permit NCO089188
A. (3.) ELECTRONIC REPORTING OF DISCHARGE MONITORING REPORTS
[G.S. 143-215.1(b)]
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 pen- ittees must
submit DMRs electronically to the Environmental Protection Agency (EPA). The Division adopted
these regulations in 2013.
NOTE: This special condition supplements or supersedes the following sections within Part 1L of this
permit (Standard Conditions for NPDES Perna its):
• Section B. (11.) Signatory Requirements
Section D. (2.)
• Section D. (6.)
• Section E. (5.)
Reporting
Records Retention
Monitoring Reports
1. Resorting (Supersedes Section D. (2.) and Section E. (5) (a)1
Beginning no later than 270 days from the effective date of this permit, the pennittee shall report
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 DEQ / DWR / Information Processing Unit
ATTENTION: Central Files / eDMR
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
If a peimittee 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 fiorn 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
Page 5 of 6

NPDES Permit NC0088188
electronically to the Division unless the permittee re -applies for and is granted a new temporary
waiver by the Division.
Information on eDMR and application for a temporary waiver from the NPDES electronic reporting
requirements is found on the following web page:
http://portal.nedenr.org/web/wq/admin/bog/iu/edrru
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. Sianato" Requirements (Supplements Section B. (11.) (b) and supersedes Section B. (11.) (d),
All eDMRs submitted to the permit issuing authority shall be signed by a person described in Part
11, Section B. (1 l.)(a) or by a duly authorized representative of that person as described in Part II,
Section B. (I 1)(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:
httg//portal.nedenr.or web/wq/admin/bogE t�lp ednu
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
CFRTIFICATION WILL BE ACCEPTED:
V 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 qual jfled 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 responsibr'e 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 sign f cant penalties for submitting false information,
including the possibility offines 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 122.411.
Page 6 of 6

F WAr
�O
O pG
Michael F. Easley, Governor
State of North Carolina
co
7 ■
`IY �C'
William G. Ross, Jr., Secretary
Department of Environment and Natural Resources
Coleen H. Sullins, Director
Division of Water Quality
November 19, 2007
Mr. Rick Bussey
Scenic Wolf Development, LLC
P.O. Box 684
Weaverville, North Carolina 28797
Subject: Issuance of NPDES Permit
NCO088188
Scenic Wolf Mountain WWTP
Madison County
Dear Mr. Bussey:
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).
This permit contains no changes from the draft you were sent on August 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 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 Toya Fields at telephone number
[phone],extension 551.
Sincerely,
1-;�/Cole-er H. Sullins
cc: Central Files
Roger Edwards, Supervisor, Asheville Regional Office, Surface Water Protection
Mr. James Jones, P.E., Carolina Civil Design Associates, P.A.
Gracia O'Neill, Clean Water for North Carolina
Steve Crimi, Laurel Valley Watch
Susan Massengale, DWQ Public Information Office
Sueanna P. Sumpter, Assistant Attorney General, Western Office
NPDES Unit
1617 Mall Service Center, Raleigh North Carolina 27699-1617 Telephone [phone] FAX [phone] �-
rth
512 N. Salisbury Street, Raleigh, North Carolina 27604 On the Internet at http://h2o.enr.state.nc.us/ Mina
An Equal OpportunlWAfrmative Acton Employer X "M1,11, 11k

Permit NCO088188
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
PERMIT
TO DISCHARGE WASTEWATER UNDER THE
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
In compliance with the provisions of North Carolina General Statute 143-215.1, other lawful
standards and regulations promulgated and adopted by the North Carolina Water Quality
Commission, and the Federal Water Pollution Control Act, as amended,
Scenic Wolf Development LLC
is hereby authorized to discharge wastewater from a facility located at
Scenic Wolf Mountain WWTP
SR 1502/ Puncheon Fork Road
Mars Hill
Madison County
to receiving waters designated as Puncheon Fork Creek in the French Broad River Basin in
accordance with the discharge limitations, monitoring requirements, and other conditions set
forth in Parts I, H, III, and IV hereof.
This permit shall become effective December 1, 2007.
This permit and the authorization to discharge shall expire at midnight on September 30, 2010.
Signed this day November 19, 2007.
CA
oa, -Coleen H. Sullins, Director
Division of Water Quality
By the Authority of the Environmental Management Commission

Permit NCO088188
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.
The Scenic Wolf Mountain WWTP is hereby authorized to:
1. Operate a domestic wastewater treatment facility, including LTV disinfection, located
on Puncheon Fork Road, Mars Hill, Madison County.
2. Upon receipt of an Authorization to Construct from the Construction Grants and
Loans Section, construct wastewater treatment facilities not to exceed 0.3 MGD.
3. After submitting an Engineer's Certification, discharge wastewater from said
treatment works at the location specified on the attached map into Puncheon Fork
Creek which is classified C; Tr waters in the French Broad River Basin.

Permit NCO088188
AM. EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS
During the period beginning upon receipt of an Engineers Certification for a 0.225 MGD facility and
lasting until expansion above 0.225 MGD or permit expiration, the Permittee is authorized to discharge
treated domestic wastewater from outfall serial number 001. Such discharges shall be limited and
monitored by the Permittee as specified below:
EFFLUENT
CHARACTERISTICS
MONITORING REQUIREMENTS
Monthly Daily
A� era a Maximum
Measurement
1 re uenc
Sample Sample
T e Location'
Flow
0.225 MGD j Continuous
Recording E
BOD, 5 day, 20°C
(April 1— October 31':
5.0 mg/L 7.5 mg/L Weekly
_
f Grab E
I
5 day, 20°C
{Nov
(November 1- Viat' 3l}
10.0 mg/L 15.0 mg/L Weekly
Grab
E
Total Suspended Solids
10.0 mg/L
15.0 mg/L Weekly
Grab
Grab
E
E
NH3 as N
(April 1-October 31)
?.0 mg/L
10.0 mg/L i Weekly
NH3 as N
,November 1-May 31)
4.0 mg/L
20.0 mg/L
Weekly
Grab
E
Fecal Coliform
200/100 mL
• 400/100 mL
Weekly
Grab
E
pH
Between 6.0 and 9.0 s.u.
Weekly
Grab
E
Temperature
Daily
Grab
E
Temperaturez
Weekly
Grab
U,D
Dissolved Oxygen3
Weekly
Grab
E
Dissolved Oxygen•
��
Weekly
Grab
U,D
Total Residual Chlorines
28 µg/L
2/Week
Grab
E
Total Nitrogen
Semi-annually
Grab
E
Total Phosphorus
Semi-annually Grab
E
Notes:
1, Sample Locations: E= Effluent, U= 50 feet upstream of the outfall, D=100 feet downstream of the
outfall.
2. Instream temperature shall not be increased by more than 0.5 °C.
3. The effluent D.O. concentration shall not be less than 6.0 mg/L.
4. The instream D.O. concentration shall not cause the D.O. of the receiving water to drop more
than 0.5 mg/L below background levels.
5. TRC limit and monitoring requirements shall apply only if chlorine is used for backup -
disinfection.
There shall be no discharge of floating solids or foam visible in other than trace amounts.

Permit NCO088188
A(2). EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS
During the period beginning upon receipt of an Engineers Certification for a 0.3 MGD facility and
lasting until permit expiration, the Permittee is authorized to discharge treated domestic wastewater
from outfall serial number 001. Such discharges shall be limited and monitored by the Permittee as
specified below:
EFFLUENT
MONITORING REQUIREMENTS
CHARACTERISTICS
Monthly
Daily
Measurement
Sample
Sample
Average
Maximum
Fre uenc
Ti a
Location;
Flow
0.3 MGD
Continuous Recording
E
BOD, 5 day,
{Aprill—DcLobeobe October 31)
5.0 mg/L
7.5 mg/L
WeeklyGrab
i
E
BOD, 5 day, 2
;November 1 —May 31)
10.0 mg/L
15.0 mg/L
Weekly
Grab
E
Total Suspended Solids
10.0 mg/L
15.0 mg/L
Weekly
Grab
E
NH3 as N
(.A •rill—October3l
2.0 mg/L
10.0 mg/L
Weekly
�
Grab
E
NH3 as N
o vember 1— M�� �� 31)
4.0 mg/L
20.0 mg/L
Weekly
y
Grab
E
Fecal Coliform
200/100 mL
400/100 mL
Weekly I
Grab
E
PH
Between 6.0 and
9.0 s.u.
Weekly
Grab
E
E
Temperature
Daily Grab
Temperature2
Weekly Grab
U,D
Dissolved Oxygen3
Weekly Grab
E
Dissolved Oxygen
Weekly 1 Grab
U,D
Total Residual Chlorines
28 pg/L
2/Week Grab
E
Total Nitrogen
Semi-annually Grab
E
Total Phosphorus
Semi-annually Grab
E
Notes:
1. Sample Locations: E= Effluent, U= 50 feet upstream of the outfall, D=100 feet downstream of the
outfall.
2. Instream temperature shall not be increased by more than 0.5'C.
3. The effluent D.O. concentration shall not be less than 6.0 mg/L.
4. The instream D.O. concentration shall not cause the D.Q. of the receiving water to drop more
than 0.5 mg/L below background levels.
5. TRC limit and monitoring requirements shall apply only if chlorine is used for backup-
disinfection -
There shall be no discharge of floating solids or foam visible in other than trace amounts.

Denard, Derek
to Min, me
Mr Bussey,
Feb 22, 2023,
12:24 PM (5
days ago)
The NC Division of Water Resources has record of the following permits for Scenic Wolf
Development LLC:
NPDES Permit NC000088188 issued October 30, 2020 with an expiration date
September 30, 202S.
Authorization to Construct (A to C) permit No. 088188A01 issued August 10, 2007.
Any modifications of the design would have to be approved through a NPDES permit
modification application and an application for a new A to C permit to include the new design.
Sincerely,
Derek C. Denard
Environmental Program Consultant, Division of Water Resources
North Carolina Department of Environmental Quality
Office: [phone]
[e-mail]

DocuSign Envelope ID: 7378A1CD-85BA-45B9-B106-C85881C94CC1
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
S. DANIEL SMITH
Director
Mr. Rick Bussey, Owner Member Manger
Scenic Wolf Development, LLC
5 Rosecrest Court
Asheville, NC 28804
Dear Mr. Bussey:
STAn
�r
NORTH CAROLINA
Environmental Quality
10/30/2020
Subject: Issuance of NPDES Permit NCO088188
Scenic Wolf Mountain WWTP
Grade II Biological WPCS
Madison County
Division personnel have reviewed and approved your application for renewal of the subject permit. This permit
renewal 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. Enviromnental Protection Agency dated
October 15, 2007 (or as subsequently amended).
This final permit includes no significant changes from the draft permit previously sent to you on August 11,
2020.
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 any other Federal, State, or Local governmental permit that may be required.
If you have questions concerning the draft, please contact the at 919-707-3618, or via e-mail at
[e-mail].
Sincerely,
DocuSigned by:
.�..
8328B44CE9EB4A1
S. Daniel Smith
Director, Division of Water Resources
ec: NPDES File [Laserfiche]
Rick Bussey [rgbbussey@gmail_com]
ARO Tim Heim [Tim,Heim@ncdenr a3v]; Landon Davidson [[e-mail]];
Daniel Boss [[e-mail]]
North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street ' 1617 Mail Service Center Raleigh, North Carolina 27699-1617

DocuSign Envelope ID: 7378A1CD-85BA-45B9-B106-C85881C94CC1
NPDES Permit NCO088188
STATE OF NORTH (',',,ROLINA
DEPARTMENT OF ENVIRONMENTAL QUALITY
DIVISION OF WATER RESOURCES
PERMIT
TO DISCHARGE WASTEWATER UNDER THE
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
(NZDES)
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,
Scenic Wolf Development, LLC
is hereby authorized to discharge wastewater from a facility located at the
Scenic Wolf Mountain WWTP
Puncheon Fork Road, Mars Hill
Madison County
to receiving waters designated as Puncheon Fork in the French Broad River Basin, in accordance with
effluent limits, monitoring requirements, and other conditions set forth in Parts I, II, III and IV hereof.
This permit shall become effective December 1, 2020
This permit and authorization to discharge shall expire at midnight on September 30, 2025.
Signed this day October 30, 2020
DocuSigned by:
8328B44CE9EB4A1..
S. Daniel Smith, Director
Division of Water Resources
By Authority of the Environmenta: Management Commission
Page I of 7

DocuSign Envelope ID: 7378A1CD-85BA-45B9-B106-C85881C94CC1
NPDES Permit NCO088188
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.
Scenic Wolf Development, LLC
i s hereby authorized to:
construct and operate a 100% domestic wastewater treatment facility in accord with the
Division's Authorization to Construct (ATC) No. 088188 AO I; with the following
components;
• a dual bar screen
• odor control system
• six (6) flow equalization tanks
• six (6) anoxic tanks
• 21 aeration tanks
• six (6) secondary clarifiers
• six (6) media filters
• dual channel UV disinfection
• an effluent cooling system
• three (3) sludge digester tanks
these facilities, to be located on Puncheon Fork Road, Mars Hill, Madison County, and
2. after submitting an Engineers Certification documenting that facilities are completed and
operating in accord with the above ATC at flows not to exceed 0.225 MGD; and after
receiving the Division's authorization to operate, discharge from said treatment works via
Outfall 001 (as described below), and
3. only after requesting permission from the Division to expand flow, and after submitting an
Engineers Certification documenting treatment -system compliance with said expansion not -
to -exceed 0.300 MGD; and after receiving the Division's authorization to operate, then
4. discharge from said treatment works via Outfal1001, at the location specified on the
attached map, into Puncheon Fork [Stream Segment 6-112-5] a waterbody currently
classified C; Tr, ORW, located within subbasin 04-03-04 [HUC: 06010105 100 1] of the
French Broad River Basin.
Page 2 of 7

DocuSign Envelope ID: 7378A1 CD-85BA-45B9-B106-C8588lCg4CCI
PART I
NPDES Permit NCO088188
A. (L) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS
[15A NCAC 02B .0400 et seq., 02B .0500 et seq.]
Grade II Biological Water Pollution Control System [15A NCAC 08G .0302]
During the period beginning upon receipt of an Engineers Certification for a 0.225 MGD treatment
facility and lasting until expansion above 0.225 MGD or permit expiration, the Permittee is authorized
to discharge treated domestic wastewater via Outfall 001. Such discharges shall be limited, monitored
and reported' by the Permittee as specified below:
EFFLUENT
CHARACTERISTICS
[Parameter Codes]
LIMITS
MONITORING
REQUIREMENTS'
Monthly Daily
Average Maximum
Measurement Sample Sample
Frequency Type Location;
Flow (MGD)
Temperature (°C)
50050
00010
0.225 MGD
Continuous
Daily
Recording
I Grab
E
E
Monitor & Report
Total Residual Chlorine (TRC) (µg/L) 3
50060
28 µg/I_, 3
2 / Week
Grab
E
BOD, 5-day (20°C) (mg/L)
(.4 pri1 1— October 31 j
C0310
5.0 mg/L
7.5 mg/L
Weekly
Grab
E
BOD, 5-day (20°C) (mg/L)
November 1 — Ma) 31
CD310
10.0 m g/-
15.0 mg/L
Weekly
Grab
Grab
E
E
Total Suspended Solids (TSS) (mg/L)
C0530
10.0 mg�10
Weekly
NH3-N (April I -October 31) (mg/L)
C0610
2.0 mg
Weekly
Grab
E
NH3-N (November I_March 31) (mg/L)
Fecal Col iform (#/100m1) 4
C0610
4.0 mg/L
20.0 mg/L
Weekly
Grab
E
E
E
31616
200/100 ml
400/100 ml
Weekly Grab
pH (su) _ _ _—�00400
Dissolved Oxygen (mg/L)
00300
> 6.0 and < 9.0 standard units
--------------------
Weekly
Grab
6.0 mg/L
See Footnote 5 _
See Footnote 6
Weekly
Weekly
Grab
Grab
E
Temperature (°C) 5 1 00010
U, D
Dissolved Oxygen (mg/L) 6---0030300
Weekly Grab f
U, D
Footnotes:
I. The Permittee shall submit Discharge Monitoring Reports electronically using NC DWR's eDMR application
system. See Special Condition A. (3.).
2. Sample Locations: E = Effluent, U = 50 feet upstream of the outfall, D = 100 feet downstream of the outfall.
3. 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.
4. Fecal Coliform shall be calculated using the geometric mean, according to the procedure detailed in Part II.
Section A.
5. Instream temperature shall not be increased by more than 0.5 °C.
6. The effluent dissolved oxygen concentration shall not cause the dissolved oxygen of the receiving stream to
drop more than 0.5 mg/L below background levels.
Conditions:
• There shall be no discharge of floating solids or foam visible in other than trace amounts.
Page 3 of 7

DocuSign Envelope ID: 7378A1CD-85BA-45B9-B106-C85881C94CC1
NPDES Permit N!"'-;;S8188
A. (2.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS
[15A NCAC 02B .0400 et seq., 02B .0500 et seq.]
Grade II Biological Water Pollution Control System [15A NCAC 08G .0302]
During the period beginning upon receipt of an Engineers Certification for a 0.3 MGD treatment
facility and lasting until permit expiration, the Permittee is authorized to discharge treated domestic
wastewater via Outfall 001. Such discharges shall be limited, monitored and reported' by the Permittee
as specified below:
EFFLUENT
CHARACTERISTICS
[Parameter Codes]
LIMITS
MONITORING
REQUIREIYIENT51
Monthly Daily
Average Maximum
Measurement
)Frequency
Sample J Sample
Type ILocation2
Flow (MGD)
50050
0.3 MGD
Continuous Recording E
Daily Grab E
Temperature ('Cl
00010
Monitor & Report
Total Residual Chlorine (TRC) (µg/L) 3
50060
28 µg/L 3
2 / Week
Grab
E
BOD, 5-day (20°C) (mg/L)
(April 1 — October 311
C0310
5.0 mg/L 7.5 mg/L
Weekly
I Grab
I
Grab
E
E
BOD, 5-day (20°C) (mg/L)
(November 1 —Nlay 31
C0310
10.0 m
15.0 mg/L
Weekly
Total Suspended Solids (TSS) (mg/L)
C0530
10.0 mg;'L
15.0 mg/L
Weekly
Grab
E
NH3-N (April 1-October 31) (mg/L)
C0610
2.0 mg/L
10.0 mg/L
Weekly
Grab
E
N113-N (November 1-March 31) (mg/L)
C0610
4.0 mg/L
20.0 mg/L
Weekly
Grab
E
Fecal Coliform (#/I00m1) 4
31616
200/100 ml
4001100 ml
Weekly
Grab
E
pH (su)
00400
> 6.0 and < 9.0 standard units
Weekly
Grab
E
Dissolved Oxygen (mg/L)
00300
6.0 mg/L
Weekly
Grab
E
Temperature (°C) 5
00010
See Footnote 5
Weekly
Grab
U, D
Dissolved Oxygen (mg/L) 6
00300
See Footnote 6
Weekly
Grab
U, D
Footnotes:
1. The Permittee shall submit Discharge Monitoring Reports electronically using NC DWR's eDMR application
system. See Special Condition A. (3.).
2. Sample Locations: E = Effluent, U = 50 feet upstream of the outfall, D = 100 feet downstream of the outfall.
3. 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.
4. Fecal Coliform shall be calculated using the geometric mean, according to the procedure detailed in Part II.
Section A.
5. Instream temperature shall not be increased by more than 0.5 'C.
6. The effluent dissolved oxygen concentration shall not cause the dissolved oxygen of the receiving stream to
drop more than 0.5 mg/L below background levels.
Conditions.
• There shall be no discharge of floating solids or foam visible in other than trace amounts.
Page 4 of 7

DocuSign Envelope ID: 7378A1CD-85BA-4589-B106-C85881C94CC1
NPDES Permit NCO088188
A. (3.) ELECTRONIC REPORTING OF DISCHARGE MONITORING REPORTS
[G.S. 143-215.1(b)]
Federal regulations require electronic submittal of all discharge monitoring reports (DMRs) and
progra-n reports. The final NPDES Electronic Reporting Rule was adopted and became effective on
December 21, 2015.
NOTE: This special condition supplements or supersedes the following sections within Part II of this
permit (Standard Conditions for NPDES Permits):
• Section B. (11.)
• Section D. (2.)
• Section D. (6.)
• Section E. (S.)
Signatory Requirements
Reporting
Records Retention
Monitoring Reports
1. Reporting Requirements (Supersedes Section D. (2.) and Section E. (5.) (a)1
The permittee shall report discharge monitoring data electronically using the NC DWR's
Electronic Discharge Monitoring Report (eDMR) internet application.
Monitoring results obtained during the previous months) 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. TFe eDMR system may be
accessed at: h=s://deg.nc.gov/about/divisions/water-resources/edmr.
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 following address:
NC DEQ i Division of Water Resources I Water Quality Permitting Section
ATTENTION: Central Files
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
See "How to Request a Waiver from Electronic Reporting" section below.
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.
Starting on December 21, 2020, the permittee must electronically report the following compliance
monitoring data and reports, when applicable:
• Sewer Overflow/Bypass Event Reports;
• Pretreatment Program Annual Reports; and
• Clean Water Act (CWA) Section 316(b) Annual Reports.
Page 5 of 7

DocuSign Envelope ID: 7378A1 CD-85BA-45B9-B106-C85881 C94CC1
NPDES Permit NCO088188
);NPDES Electronic Reporting Rule — Phase 2 Extension. EPA is proposing to extend the
Phase 2 deadline from December 21, 2020 until at least December 21, 2023. The current
compliance date will be extended if the implementation date is extended as a final regulation
change in the federa: register.
The permittee may seek an electronic reporting waiver from the Division (see "How to Request a
Waiver from Electronic Reporting" section below).
2. Electronic Submissions
In accordance with 40 CFR 122.41(l)(9), the permittee must identify the initial recipient at the time
of each electronic submission. The permittee should use the EPA's website resources to identify
the initial recipient for the electronic submission.
Initial recipient of electronic NPDES information from NPDES-regulated facilities means the
entity (EPA or the state authorized by EPA to implement the NPDES program) that is the
designated entity for receiving electronic NPDES data [see 40 CFR 127.2(b)].
EPA plans to establish a website that will also link to the appropriate electronic reporting tool for
each type of electronic submission and for each state. Instructions on how to access and use the
appropriate electronic reporting tool will be avai sable as well. Information on EPA's NPDES
Electronic Reporting Rule is found at:
h=s://www.federalre ig ster.gov/documents/2015/10/22/201_5_-24954/national-pollutant-discharge-
elimination-system-npdes-electronic-reporting: ule
Electronic submissions must start by the dates listed in the "Reporting Requirements" section
above.
3. How to Request a Waiver from Electronic Renortina
The permittee may seek a temporary electronic reporting waiver from the Division. To obtain an
electronic reporting waiver, a permittee must first submit an electronic reporting waiver request to
the Division. Requests for temporary electronic reporting waivers 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 submitting monitoring data and reports. The duration of a
temporary waiver shall not exceed 5 years and shall thereupon expire. At such time, monitoring
data and reports shall be submitted electronically to the Division unless the permittee re -applies for
and is granted a new temporary electronic reporting waiver by the Division. Approved electronic
reporting waivers are not transferrable. Only permittees with an approved reporting waiver request
may submit monitoring data and reports on paper to the Division for the period that the approved
reporting waiver request is effective.
Information on eDMR and the application for a temporary electronic reporting waiver are found on
the following web page: http://deq.nc.gov/about/divisions/water-resources/edmr
Page 6 of 7

DocuSign Envelope ID. 7378A1CD-85BA-45B9-B106-C85881 C94CC1
NPDES Pen -nit NC0088188
4. Sianatory Requirements (Supplements Section B. (11.) (Wand Supersedes Section B (11) (d)l
All eDMRs submitted to the permit issuing authority shall be signed by a person described in Part
II, Section B. (I 1.)(a) or by a dul) authorized representative of that person as described in Part II,
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:
http://deq.nc.gov/about/divisions/water-resources/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 qualifted 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 offines and imprisonment for knowing violations. "
5. Records Retention [Supplements Section D. (6.)]
The permittee shall retain records of all Discharge Monitoring Reports, including eDMR
submissions. These records or copies sfi;;] l 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 7 of 7

DocuSign Envelope ID: 7378MCD-85BA-4589-B106-C85881C94CC1
Scenic Wolf Development LLC
Scenic Wolf Mountain WWTP
Puncheon Fork Road, Mars Hill 28754
Receiving Stream: Puncheon Fork Stream Class: C; Tr,ORW
Stream Segment: 6-112-5 Sub -Basin: 04-03-04
Drainage Basin: French Broad IiUC: 060101051001
Ua iriidr: 35° 56' 39" Longitude: 82° 31' 35"
USGS Quad: Sams Gap, NC
Facility
Location Not to scale' y
{ 1Vo�th NPDES Permit NCO088188
Scale 1.24,00o Madison County

Michael F. Easley, Govemor
William G. Ross Jr., Secretary
Notch Carolina C)elnrtment of Environment and Natural Resources
Coteen H. Sullins, Director
Division of Water Quality
August 10, 2007
Mr. Rick Bussey
Scenic Wolf Mountain Resort, LLC
PO Box 684
Weaverville, North Carolina 28787
SUBJECT: Authorization to Construct
A to C No. 088188A01
Scenic Wolf Mountain Resort, LLC
Scenic Wolf Mountain WWTp
Madison County
Dear Mr. Bussey:
A letter of request for Authorization to Construct was received February 26, 2007, by the
Division, and final plans and specifications for the subject project have been reviewed and found
to be satisfactory. Authorization is hereby granted for the construction of the Scenic Wolf
Mountain 0.225 MGD Wastewater Treatment Plant, with discharge of treated wastewater into
the Puncheon Fork Creek in the French Broad River Basin.
This authorization results in a design and permitted capacity of 0.225 MGD, and is
awarded for the construction of the following: �-"
The construction of a modular tertiary wastewater treatment facility consisting of
the following: a dual bar screen; odor control system; six (6) flow equalization
tanks providing 56,250 gallons of storage and equipped with three (3) 250 gpm
flow equalization pumps; six (6) anoxic tanks providing 64,102 gallons of
treatment equipped with six (6) 100 gpm anoxic mixing pumps; 21 aeration tanks
providing 225,000 gallons of treatment; four (4) 290 cfm blowers and two (2) 202
cfm blowers; six (6) secondary clarifiers providing 37,734 gallons of treatment;
six (6) fixed media filters providing 672 square feet of surface area and equipped
with two (2) 170 gpm dewatering pumps; dual channel UV disinfection; three (3)
312 gpm effluent pumps; an effluent cooling systern consisting -of two (2) 156
gpm air cooled closed circuit chillers a 150 ton centrifugal liquid chiller and two
(2) 150 ton air cooled package chillers; three (3) sludge digester tanks providing
30,769 gallons of treatment and storage; and all associated pumps, meters,
electrical service, controls, site work, yard pipe, valves, and other appurtenances,
in conformity with the project plans, specifications, and other supporting data
subsequently filed and approved by the Department of Environment and Natural
Resources.
" NM Carolina
J atura/;
North Carolina Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-) 617 Phone (919) 733_7015 Customer service
intemet: g.:__.___p r,_ 512 N. Salisbury St. Raleigh; NC 27604
FAX [phone]
An Equal Opporhmity/Atfimtative Action Empbyar - 50% Recydad110% Post Consumer paper

Mr. Rick Bussey
August 10, 2007
Page 2
This Authorization to Construct is issued in accordance with Part III, Paragraph A of
NPDES Permit No. NCO088188 issued December 1, 2006, and shall be subject to revocation
unless the wastewater treatment facilities are constructed in accordance with the conditions and
limitations specified in Permit No. NC0088188.
The sludge generated from these treatment facilities must be disposed of in accordance
with G.S. 143-215.1 and in a manner approved by the North Carolina Division of Water Quality.
In the event that the facilities fail to perform satisfactorily, including the creation of
nuisance conditions, the Permittee shall take immediate corrective action, including those as may
be required by this Division, such as the construction of additional or replacement wastewater
treatment or disposal facilities.
The Asheville Regional Office, telephone number [phone], shall be notified at
least forty-eight (48) hours in advance of operation of the installed facilities so that an on site
inspection can be made. Such notification to the regional supervisor shall be made during the
nonnal office hours from 8:00 a.m. until 5:00 p.m. on Monday through Friday, excluding State
Holidays.
Upon completion of construction and prior to operation of this permitted facility, a
certification must be received from a professional engineer certifying that the permitted facility
has been installed in accordance with the NPDES Permit, tliis Authorization to Construct and the
approved plans and specifications. Mail the Certification to Cecil G. Madden, Jr-, P.E.,
Construction Grants R Loans, DWQ / DENR, 1633 Mail Service Center, Raleigh, NC 27699-
1633.
Upon classification of the facility by the Certification Commission, the Permittee shall
employ a certified wastewater treatment plant operator to be 1n responsible charge (ORC) of the
wastewater treatment facilities. The operator must hold a certificate of the type and grade at
least equivalent to or greater than the classification assigned to the wastewater treatment
facilities by the Certification Commission.
The Permittee must also employ a certified back-up operator of the appropriate type and
grade to comply with the conditions of T15A:8G.0202. The ORC of the facility must visit each
Class I facility at least weekly and each Class II, III and IV facility at least daily, excluding
weekends and holidays, must properly manage the facility, must document daily operation and
maintenance of the facility, and must comply with all other conditions of T15A:8G.0202.
A copy of the approved plans and specifications shall be maintained on file by the
Permittee for the life of the facility.
During the construction of the proposed additions/modifications, the permittee shall
continue to properly maintain and operate the existing wastewater treatment facilities at all times,
and in such a manner, as necessary to comply with the effluent limits specified in the NPDES
Permit.

Mr. Rick Bussey
August 10, 2007
Page 3
You are reminded that it is mandatory for the project to be constructed in accordance
with the North Carolina Sedimentation Pollution Control Act, and when applicable, the North
Carolina Dam Safety Act. In addition, the specifications must clearly state what the contractor's
responsibilities shall be in complying with these Acts.
Prior to entering into any contract(s) for construction, the recipient must have obtained all
applicable permits from the State.
Failure to abide by the requirements contained in this Authorization to Construct may
subject the Permittee to an enforcement action by the Division of Water Quality in accordance
with North Carolina General Statute 143-215.6A to 143-215.6C.
The issuance of this Authorization to Construct does not preclude the Permittee from
complying with any and ail statutes, rules, regulations, or ordinances which may be imposed by
other government agencies (local, state, and federal) which have jurisdiction.
One (1) set of approved plans and specifications is being forwarded to you. If you have
any questions or need additional information, please contact Cecil G. Madden, Jr., P.E. at
telephone number (91.9) 715-6203.
Sincerely,
Coleen H. Sullins
BSR:cgm
r`
cc: Wm. James Jones, P.E. — Carolina Civil Design Associates, P.A., Asheville
Madison County Health Department
DWQ Asheville Regional Office, Surface Water Protection
Technical Assistance and Certification Unit
Daniel Blaisdell, P.E.
Point Source Branch, NPDES Program
Cecil G. Madden, Jr., P.E.
Seth Robertson, P.E.
ATC File