NC0088188_Permit Renewal_20120201

RCDFEIINR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue
Governor
Mr. Rick Bussey
Owner Member Manager
Scenic Wolf Development LLC
1915 Wolf Ridge Road
Mars Hill, North Carolina 28754
Dear Mr. Bussey:
Charles Wakild, P.E.
Director
February 1, 2012
Subj ect: Renewal of NPDES Permit
NCO088188
Scenic Wolf Mountain WWTP
Madison County
Class H Facility
Dee Freeman
Secretary
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 October 15, 2007 (or as subsequently amended).
There are the following changes in this final permit from your current permit:
1. Expiration date on the Cover Page has been changed to 2015.
2. 'On the Supplement to Permit Cover Sheet, the classification of Puncheon Fork Creek has been changed to
C; ORW, Tr.
3. On the map, the stream classification has been changed to C; ORW, Tr.
4. A.(1) and A.(2) Effluent Limitations and Monitoring Requirements:
• Footnote 4 regarding instream D.O., the word "instream D.O." has been replaced with "effluent
D.O."
• Footnote 5- regarding TRC has been updated per the Division's permitting strategy for TRC.
1617 Mail Service Center, Raleigh, North Carolina 27699-1617
Location: 512 N. Salisbury St. Raleigh, North Carolina 27604 One I..,
Phone: [phone] FAX: [phone] Customer Service:1-877-623-6748 NO Cax ohna.
Internet: vrww.ncwaten;uaCrty.org AgAlrally
An Equal Opportunity 1 Affirmative Acton Employer

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 Jim McKay at telephone number (919)
807-6404, or by email at [e-mail].
Sincerely,
V r uxt p k
Charles Wakild, P.E.
cc: Asheville Regional Office/ Attn: Chuck Cranford - with fact sheet
NPDES File
Central Files
Southern Environmental Law Center/ 22 Pack Square, Suite 700/ Asheville, NC 28801-3494/ Attn: Mr. D.J.
Gerken, Senior Attorney
Hartwell Carson/ French Broad River keeper/ via email/ [e-mail]
North Carolina Wildlife Resources Commission Division of Inland Fisheries/ Attn: Dave McHenry, Habitat
Conservation Program - via email: [e-mail]
1617 Mail Service Center, Raleigh, North Carolina 27699-1617
Location: 512 N. Salisbury St. Raleigh, North Carolina 27604 One
Phone: [phone] FAX: [phone] \ Customer Service: 1-877-623-6748 N rth fC�arolina
Internet: vp"niwaterqualbve Action
Natinally
M Equal OpporNniry I Affirmative Action Empoyer

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, II, III,
and IV hereof.
This permit shall become effective March 1, 2012.
This permit and the authorization to discharge shall expire at midnight on September 30, 2015.
Signed this day February 1, 2012.
arlei Wakild, P.E., 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 efrective. 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 UV disinfection, located on
Puncheon Fork Road, Mars Hill, Madison County.
2. Upon receipt of an Authorization to Construct from the Infrastructure Finance 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; ORW, Tr waters in the French Broad River Basin.

Permit NCO088188
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4 Discharge location �
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Scenic Wolf Mountain W-WTP-NCOOSS18S
Facility • t:4 y
Location • ---
USGS Quad Name: San a
a Gap
PReceiving Stream: Puncheon Fork Creekng:
Tr
sheamirc Fr. uc BroaRW,d
Subbasirc French Broad - 040304
F
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Not to SCALE

Permit NCO088188
A(1). 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 Pemrittee as
specified below:
EFFLL`ENT
CHARACTERISTICS
MONITORING REQUIREMENTS
Monthly
Average
Daily
Maximum
Measurement
Fre uenc
Sample
Type
Sample
Location'
Flow
0.225 MGD
Continuous
Recording
E
BOD, 5 day, 20°C
(April I —October 3 1)
5.0 mg/I.
7.5 mg/L
Weekly
Grab
E
BOD, 5 day, 20°C
(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
(April 1 -October 3 1)
2.0 mg/L
10.0 mg/L
Weekly
Grab
E
NH3 as N
(November 1- May 31)
4.0 mg/L
20.0 mg/L
Weekly
Grab
E
Fecal Colifomr
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
Temperature
Weekly
Grab
U,D
Dissolved Oxygen 3
Weekly
Grab
E
Dissolved Oxygen °
Weekly
Grab
U D
Total Residual Chlo '
e 55
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 daily average dissolved oxygen concentration shall not be less than 6.0 mg/L.
4. The effluent 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. Limit and monitoring apply only if chlorine or chlorine derivatives are used for disinfection. The Division shall consider
all effluent TRC values reported below 50 µg/L to be in compliance with the permit. However, the Permittee shall
record and submit all values reported by a North Carolina certified laboratory (including field certified), even if these
values fall below 50 µg/L.
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
CHARACTERISTICS
MONITORING REQUIREMENTS
Monthly
Average
Daily
: Maximum
Measurement
.Fre uenc
Sample
_Type e
Sample
Location'
Flow
0.3 MGD
Continuous
Recording
E
BOD, 5 day, 20°C
(April 1— October 31)
5.0 mg/L
7.5 mg/L
Weekly
Grab
E
BOD, 5 day, 200C
.(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 ril 1— October 31)
2.0 mg/L
10.0 mg/L
Weekly
Grab
E
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
Temperature 2
Weekly
Grab
U,D
Dissolved Oxygen 3
Weekly
Grab
E
Dissolved Oxygen 4
Weekly
Grab
U,D
Total Residual Chlorine S
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 daily average dissolved oxygen concentration shall not be less than 6.0 mg/L.
4. The effluent 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. Limit and monitoring apply only if chlorine or chlorine derivatives are used for disinfection. The Division shall consider
all effluent TRC values reported below 50 µg/L to be in compliance with the permit. However, the Permittee shall
record and submit all values reported by a North Carolina certified laboratory (including field certified), even if these
values fall below 50 jig/L.
There shall be no discharge of floating solids or foam visible in other than trace amounts.

NCDENR
North Carolina Department of Environment and
Beverly Eaves Perdue
Governor
Memorandum
To: Chuck Wakild �e
Thru: Matt Matthews, Jeff Pouparte
From: Tom Belnick _� %//
Date: January 24, 2012
Division of Water Quality
Charles Wakild, P.E.
Director
pyll(IIIIIIIJ. I ll6 fir
/Vcv o N
Natural Resources
Dee Freeman
Secretary
Subject: Additional Information/NPDES
Request for Public Hearing/Scenic Wolf Mountain WWTP (NC0088188)
In a previous Memo dated 11/21/2011 (attached), NPDES recommended that the Southern Environmental Law Center
(SELC) request for public hearing on the subject Draft NPDES permit renewal be denied based on the previous permit
round that included public hearing, contested case, and ALJ/EMC decisions upholding the permit. This memo provides a
follow-up to some questions raised during initial Division review.
1. Did Permittee apply for NPDES permit renewal on -time? Response: Yes, as required, Permittee (Rick Bussey,
Owner) submitted renewal application at least 180 days prior to permit expiration date (renewal application
received 3/29/2010; permit expired 9/30/2010). Permittee also applied for and received ATC permit on 8/10/2007
during original permit term. Permittee has expended approximately $469,600 for land, engineering design,
WWTP deposit, and supplies, but the WWTP has not been constructed to date.
2. SELC stated that this is the second time that Scenic Wolf Mountain has asked the Division to reissue an expired
NPDES permit in Madison County. Response: This other permit mentioned by SELC is NC0087688- Wolf
Laurel Commercial Park (Freddie Satterfield & Orville English, Owners). This permit was first issued in 2003,
was subject to civil penalty for failure to renew, and the permit renewal application was ultimately denied in
2007. Denial grounds included lack of demonstration for need of permit, property appeared to be for sale, and
additional required information was not submitted.
Please provide feedback as to whether to hold a public hearing, and let me know if there are any additional questions.
30
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0�j vz� le 1,
1617 Mall Service Center, Raleigh, North Carolina 27699-1617
Location: 512 N, Salisbury St. Raleigh, North Carolina 27604
Phone: [phone] i FAX' 919-807-64921 Customer Service. 1-877-623-6748
Internet: wm nmaterqualiry.org
An Equal Oppe'lunily'..fimm��e,�cllca EmpluyEr
5 / it
One
NorthCarolina
Naturally

Permit
Capacity
Name
Owner
Other
Status
NC0061468
0.015MGD
SKISTOC Inc.
H & K Boone Investments LLC
AKA Wolf Laurel Resort
Rescinded 9/20/2005
NC0022345
0.007 MGD
Wolf Laurel Inn
Not found in BIMMS
Rescinded
NC0076431
0.03 MGD
Wolf Laurel WWTP
Carolina Water Service
Active
NC0082716
0.007 MGD
English Wolf Lodge
Orville English
Sepp Gmuender
Rick Bussey
Freddie M. Sattorfield, Orville
English
Active
NC0076007
0.03 MGD
Wolf Laurel Corporation
AKA Wolf Laurel Ski Resort
Rescinded 4/30/1994
NC0088188
0.15 - 0.3 MGD
Scenic Wolf Resort
expired, not built, in renewal
NC0087688
0.03 MGD
_Mountain_ _
Wolf Laurel Commercial Properties
This is the permit mentioned
in the SELC letter
Not built, expired 9/30/2005,
applied for renewal, renewal
denied 6/20/2007. Many
comments from public.

A
��
NCDENR
North Carolina Department of Environment and
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins
Governor Director
Memorandum
To: Coleen Sullins YVty
Thru: Chuck Wakild, Matt Matthews, Jeff upart
From: Tom Belnick ial
Date: November 21, 2011
Natural Resources
Subject: NPDES- Request for Public Hearing/Scenic Wolf Mountain WWTP
Dee Freeman
Secretary
NPDES has received one request (attached) from Southern Environmental Law Center (SELC) acting on behalf of
Western North Carolina Alliance and its French Broad Riverkeeper program, for permit revocation and public hearing on
Draft NPDES Permit NC0088188- Scenic Wolf Development LLC in Madison County, Asheville Region.
This permit was originally issued in 2006 for a phased discharge (0.225/0.3 MGD) to Puncheon Creek from a proposed
resort development. Although Puncheon Creek was classified C Trout water at that time, the 2006 permit reflects
incorporation of HQW requirements based on Hearing Officer recommendations following public hearing. The Final
Permit was contested by Clean Water North Carolina, and ALJ Beecher Gray subsequently ruled in favor of DWQ, with
EMC concurrence in 2008. In 2009, the stream was reclassified to ORW.
An ATC permit was issued in 2007 for Phase 1. The WWTP has not been constructed due to the downturn in economy,
but the Permittee has expended significant funds totaling $469,600 to date for land, engineering design, WWTP deposit,
and supplies.
The 2011 Draft Permit renewal maintains the same HQW limitations as the previous permit. SELC is requesting permit
revocation based on their view that the 2009 ORW reclass does not allow for new or expanding discharges. However,
NPDES believes this to be an existing facility that has obtained the necessary ATC permit within the permit term. SELC
is also requesting a public hearing, and NPDES is recommending against this request based on the previous permit round
that included public hearing, contested case, and ALREMC decisions upholding the permit.
1617 Mail Service Center, Raleigh. North Carolina 27699-1617
Location: 512 N. Salisbury St. Ralegh, North Carolina 27604
Phone: [phone] FAX: 9IM07-64921 Customer Service: 1-877-623-6748
Internet: www.ncwaterquality.org
An Equal Opportunity i Affinnalive Action Employer
Nne
orthCarolina
Naturally

TO: Jim MCKAY DENR 9lq -
From: Rick Bussey Scenic Wolf Development Permits
RE: Waste water Treatment Plant Permit renewals
Cost in Plant to date
Mr. Mckay,
Sapp I✓��ti� Thy
SSC-e0i (,1Jo IF
10/I Z`271 f, a'&4f
Below 1 have included the tout of the Physical plant and the cost we have in it to date:
Please let me know if you need anything else.
Plant Cost:
I.Mack Industries: Total Plant Equipment and Installation:
Plant contract: Manufacturer Mack Industries --------------------- $975.00iU0
2. Engineering Cost to Date:
Carolina Civil Design: ---------------_______ ___—_ Pd: $92,500.00
Carolina Civil Design: Permit required design for refrigerant system:—Pd: $21,000.00
Dav & Associates: --•----------------------_-_—__-- ----------- Pd: $9,600.00
Surveying: -- -- ------ — — ----- ---- Pd: $6,500.00
Civil Engineering: Mercer Design:-------------____—__pd $15.000.00
Total:
3 Site Cost and Supply Station
" Equipment Building: Scenic Mountain Construction
• Concrete floor_
• Pipe from / to air lines
• Electric line from site to all plant Equipment
• Pipe from plant to affluent
• Concrete block with Wood exterior and cedar roof
S144,600.00--- $144,600.00
LLC----- -----$3 0,000.00
Site work for plant: Mountain Movers, Inc ---------------------- $ 20,000.00
Dirt moving and grading: ----------------_—_—___ $10,000.00
Driveway cut and paving: ----------- --------__-- $ 2,000.00
Fence around Plant: — ------ — $ 10.o00.00
Fence around property attd landscape: Trees etc: -- ---------- -------- $ 7,000.00
Flectric Service: ------------------------- --_--_-- $ 5,000.00
Total 02,0otl
4. Land Cost; ------------------------ —------------------- —--- -------------- ---$200.000.00
total Plant Cost Including Land: --- —_------ —---- --- _-$1,421,600.00
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Paid To date:
1. Plant Deposit Mack Ind ustries:------------------$IoI,800.00
�. Engineering Cost Paid to Date:--------- -------- $144,600.00
3. Supplies on Site: ------- $ 24,000.00
4_ Land Cost: 200.000.00
Total Paid in to Date:-------------------------$469,600.00
% Paid for to date 32%:
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MACK INDUSTRIES INC
201 COLUMBIA ROAD, VALLEY CITY, OHIO44280
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Accepted on the.
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Rick Bussey, Senic Wolf Development, has given a down payment of$1O1,8O0, posted
11/30/06, check # 1434 for the project known as Senic Wolf Mountain Resort, Mars Hill,
NC- A copy of the account showing the deposit amount is attached.
Name
Title
2 l
Date
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5C.P'ni C Weil�-9�7AU �trM��lilf
Scenic Wolf Development LLC Ncol)
NPDES Permit NCO088188
. Madison County
Original NPDES Permit Issued 2006
• Public Hearing (with Tedder as HO) held August 3, 2006- attended by 300+
• Final Permit applied HQW requirements for C Trout class
• Final Permit issued October 25, 2006 for phased 0.225/0.3 MGD
• Final Permit was contested by Clean Water NC (Hope Taylor)
• AU Beecher Gray ruled in favor of DWQ/Permittee 12/8/2008; EMC concurs
ATC Permit issued 2007
• ATC permit for Phase 1 issued 8/10/2007
Stream Reclassified to ORW 2009
• Reclass public hearing (EMC Freddie Harrill is HO) held March 31, 2009
o For Big Laurel Creek watershed, 12 people attended hearing, and 5 spoke (in
favor of reclass). There were 20 letters received, all in support of ORW reclass
o All NPDES permittees were mailed public hearing announcement.
o Permittee did not attend/comment on proposed reclass.
• Hearing Officer recommended ORW reclass, and EMC concurs on 7/9/2009
• ORW reclass effective September 1, 2009
Permit Renewal 2011
• Current facility status:
o Development located on approx 500 acres, was envisioned to include 800 single
family homes and condos, ski resort, equestrian, etc.
o Permittee purchased some WWTP components (Consultant states $120,000), but
no construction
o Development by 2005 included 15 homes and one restaurant served by septic
system. Master plan recognized need for NPDES discharge for buildout.
o ARO site inspection reports for 2010&2011 confirm no WWTP construction.
• Renewal application received 3/30/2010
• Draft permit sent to Public Notice 7/20/2011
• SELC (on behalf of Western NC Alliance/French Broad Riverkeeper) submits comments,
requesting public hearing/revocation due to ORW reclass.
Attachments:
SELC Comment Letter to 2011 Draft Permit Renewal
Hearing Officer Report for 2009 ORW Reclassification
EMC Agenda Item- 2009 Reclass Adoption
ARO Inspections 2010&2011
Tom Belnick, 9/19/2011

SOUTHERN ENVIRONMENTAL LAW CENTER
Telephone [phone] SOUTH PACK SQUARE. SUITE 700 Facsimile 828-258-2024
ASHEVILLE, NC 28801-3494
August 19, 2011
Via First Class & Electronic Mail
Jim McKay
Complex NPDES Permitting
1617 Mail Service Center
Raleigh, North Carolina
27699-1617
Re: Draft NPDES Permit NC0088188, Scenic Wolf Mountain WWTP
Dear Mr. McKay:
Please accept these comments on behalf of Western North Carolina Alliance and its
French Broad Riverkeeper program. The Alliance has a longstanding interest in the conservation
of western North Carolina's waters and the aquatic habitat they provide.
We appreciate the opportunity to review Draft NPDES Permit NCO088188 ("Draft
Permit") for the proposed Scenic Wolf Mountain Treatment Plant ("WWTP"), in Madison
County. Because Puncheon Creek was reclassified, effective September 1, 2009, as an
outstanding resource water the new permit requested must be denied.
This is the second time Scenic Wolf Mountain has asked the Division of Water Quality to
reissue an expired NPDES permit in Madison County, NC. Scenic Wolf Laurel was first issued
an NPDES permit for the Wolf Laurel Commercial Park in 2003, but never constructed the
facility. In 2006, DWQ reissued that permit and issued a new NPDES permit for 3000,000 GPD
Scenic Wolf Mountain Resort WWTP. At that time, many members of the public emphasized
the exceptional water quality of Puncheon Creek and Big Laurel Creek. The Division,
recognizing that those water bodies met the standards for a high quality water, even though they
were not classified as such, issued the requested permits subject to the effluent limitations
required for a High Quality Water, consistent with North Carolina's antidegradation policy. 15a
NCAC 02B .0201. Notably, the division subjected both Scenic Wolf Laurel's request for
"renewal" of the Wolf Laurel Commercial Park Treatment Plant and its new application for the
Scenic Wolf Mountain Resort WWTP to the standards for a High Quality Water.
Now that Scenic Wolf Laurel has allowed its NPDES permit for the Scenic Wolf
Mountain Resort WWTP to expire without constructing the permitted facility, the same approach
is called for. Puncheon Fork Creek was reclassified to an outstanding resources water in
September of 2009. Under the standards for an outstanding resource water, no "new or
expanded discharge" from NPDES-permitted sources are allowed . 15A NCAC 02B .0225. The
Charlottesville - Chapel Hill - Atlanta - Asheville - Birmingham - Charleston - Richmond - Washington, DC
100% recycled paper

reclassification of Puncheon Fork Creek, together with Scenic Wolf Laurel's failure to construct
the permitted facility are together new developments that warrant denial of the application for
renewal.
Furthermore, the draft permit does not indicate whether Scenic Wolf Laurel obtained an
authorization to construct permit before the expiration of its NPDES permit. If it failed to do so,
then the "permit will be considered void upon expiration and future actions will be considered as
anew application." 15 NCAC 02H .0138(a). If no authorization to construct permit has been
issued to Scenic Wolf Laurel, they must reapply for their NPDES permit. Because Puncheon
Creek is now classified as an Outstanding Resource Water, that application for a "new or
expanded discharge" must be denied. 15A NCAC 02B .0225.
By this letter, the undersigned organizations also, pursuant to N.C.G.S. § 132-6, a
complete copy of the permit file for Scenic Wolf Laurel and, in particular, any authorization to
construct permit previously issued to it. Furthermore, the undersigned organizations request on
behalf of their members a public hearing to fully air the issues surrounding this NPDES
application.
We appreciate the opportunity to submit these comments. If you have any
questions, please feel free to call.
Sincerely yours,
DJ Gerken
Senior Attorney
Amelia Burnette
Staff Attorney
Counsel for
Western North Carolina Alliance
French Broad Riverkeeper
cc: Julie Mayfield, Western North Carolina Alliance (email only)
Hartwell Carson, French Broad Riverkeeper, Western North Carolina Alliance (email
only)

WA
1r R
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins
Governor Director
August 19, 2011
Mr. Dave McHenry
Mountain Region Coordinator
Habitat Conservation Program
Division of Inland Fisheries
1721 Mail Service Center
Raleigh, North Carolina 27699-1721
Subject: Permit Comments Reply
Draft NPDES Permit
NCO088188
Scenic Wolf Mountain WWTP
Madison County
Dear Mr. McHenry:
Dee Freeman
Secretary
Thank you very much for your review and comments on the draft NPDES Discharge permit renewal for Scenic Wolf
Mountain WWTP. The Wastewater Treatment Plant has not been built to date, due to the economy and housing markets,
but the owners want to keep the permit in force, so have applied for renewal. The permit expired on September 30, 2010.
A Level B Water Quality Model was developed for calculating the permit limits for BOD and ammonia -nitrogen. The
model included all three wastewater treatment plants in the area - Scenic Wolf Mountain (NC0088188), Wolf Laurel
(NC0076431), and English Wolf Inn (NC0082716). The model was based on 7Q10 stream flows and full permitted
discharge for the 3 WWTPs, and permit limit values for BOD and ammonia -nitrogen. This approach provides very
conservative results. I was not involved in the permit development, but the permit writer now works for a different
division of DWQ.
After the permit was developed and sent to public notice, it received a public hearing because of local interest in the
permit. It became apparent during the public hearing that the receiving waters were of very high quality, and that they
should be reclassified to HQW or even ORW. The hearing officer, Steve Tedder of the Asheville Regional Office,
recommended that permit limits be reduced further in order to protect aquatic life in the more restrictive classifications.
The waters were subsequently reclassified to ORW after the permit was issued, which is a much more restricted
classification, but limits had already been adjusted for this classification.
1617 Mail Service Center, Raleigh, North Carolina 27699-1617
Location: 512 N. Salisbury St. Raleigh, North Carolina 27604
Phone: [phone] FAX: [phone] Customer Service:1-877-623-6748
Internet: http: I I h2o.state.nc.us I
An Equal Opportunity 1 Affirmative Action Employer
No�rthCarolina
JVaturjally

After the permit was issued, it was contested; a hearing was conducted by Administrative Law Judge Booker R. Gray on
August 26 and 27, 2008 in Marshall, Madison County in the Office of Administrative Hearings. In the Findings of Fact
from the hearing, A.L.J. Gray stated "Actual intermittent withdrawals of water from the stream are not relevant to the
analysis. The summer 7Q10 is more limiting, and the effluent limits for the subject permit were developed using that
more conservative number." The average flow for the discharge location on Puncheon Fork is 7.25 cfs, while the winter
7Q10 is 1.78 cfs.
The Division of Water Quality (DWQ) thinks that adequate protection has been provided in permit NC0088188 to protect
aquatic life in the receiving waters.
Please contact me at [phone], or by email at [e-mail] if you have any further questions or
comments. The 30 day comment period expires on Sunday, August 21, 2011.
Sincerely,
/Jim McKay
Complex NPDES Permitting
cc: Asheville Regional Office, Surface Water Protection
NPDES Unit

® North Carolina Wildlife Resources Commission KN
Gordon Myers, Executive Director
August 16, 2011
Mr. James McKay
Division of Water Quality, NPDES Program
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
SUBJECT: Scenic Wolf Mountain WWTP
Renewal NPDES Permit No. NC0088188, Puncheon Fork Creek
Madison County
Dear Mr. McKay:
Biologists with the North Carolina Wildlife Resources Commission (Commission) received the July 20,
2011 notice about the renewal of the permit for Scenic Wolf Mountain W WTP which discharges into
Puncheon Fork Creek in Madison County. Comments from the Commission on this permit action are
provided under provisions of the Fish and Wildlife Coordination Act (48 Stat. 401, as amended; 16
U.S.C. 661-667d), North Carolina General Statutes (G.S. 113-131 et seq.), and the North Carolina
Administrative Code 15A NCAC 10I.0102.
Puncheon Fork is stocked with trout as part of the Commission's Designated Public Mountain Trout Water
program. However, the creek also supports a naturalized rainbow trout population. Hellbenders
(Cryptobranchus alleganiensis, NC -SC and US-FSC) and other rare species reside in Big Laurel Creek at its
confluence with Puncheon Fork.
We recommend considering how the water withdrawalls for snow making at the Wolf Laurel ski facility
affects waste assimilation in Puncheon Fork. In the past, the facility has periodically removed a
considerable fraction of stream flow from Puncheon Fork from its permanent pumping station. There
may be a withdrawal on Wolf Laurel Branch as well, which, if applicable, would further reduce flows in
Puncheon Fork. Seasonal flow reductions due to withdrawals in receiving streams in the area may not
have been considered when water quality modeling was undertaken for this W WTP. We commented
about this last year when permit renewals were evaluated for the Wolf Laurel (NC0076431) and English
Wolf Inn (NC 0082716) W WTPs, but we do not know what was determined. We recommend that DWQ
consider this issue to ensure that ammonia levels are protective of trout and other aquatic life year-round.
Mailing Address: Division of Inland Fisheries • 1721 Mail Service Center • Raleigh, NC 27699-1721
Telephone: [phone] • Fax: [phone]

NCO088188
Madison
Page 2 August 16, 2011
Thank you for the opportunity to review and comment on this permit action. Please contact me at (828)
452-2546 extension 24 if there are any questions about these comments.
Sincerely,
Dave McHenry
Mountain Region Coordinator
Habitat Conservation Program
ec: Lori Williams, NCWRC
Steve Fraley and Thomas Russ, NCWRC
Powell Wheeler, NCWRC
Angie Rodgers, NC Natural Heritage Program
Bryan Tompkins, US Fish and Wildlife Service

From: Hartwell Carson [[e-mail]]
Sent: Tuesday, July 26, 201112:32 PM
To: Mckay, James
Subject: RE: Wolf Mountain WWTP
Thanks!
Hartwell Carson
French Broad Riverkeeper
Western North Carolina Allliance
29 N. Market Street
Suite 610
Asheville, NC
office: 828-258-8737
fax: [phone]
[e-mail]
www.wnca.org
Waterkeeper Alliance Member
From: Mckay, James fmailto:[e-mail]
Sent: Tuesday, July 26, 20119:11 AM
To: Hartwell Carson
Subject: RE: Wolf Mountain WWTP
A copy of the draft is attached. Please send any questions or comments to me.
Jim McKay, Environmental Engineer
NC DENR / Division of Water Quality / Surface Water Protection Section
Point Source Branch
1617 Mail Service Center, Raleigh, NC: 27699-161.7
919/807-6404 (work); 919/807-6495 (fak)
"Please note, my email address has changed to J'[e-mail]
E-mail correspondence to atnd from this address may be subject to the North Carolina Public Record.v latir% and
may be disclosed to third parties.
From: Hartwell Carson fmailto:[e-mail]
Sent: Monday, July 25, 2011 12:34 PM
To: Mckay, James
Subject: Wolf Mountain WWTP
James, do you mind sending me the Scenic Wolf Mountain WWTP permit and associated fact sheet? I noticed it
was up for renewal and was interested to take a look. Thanks for the help!
Hartwell Carson
French Broad Riverkeeper
Western North Carolina Allliance
29 N. Market Street
Suite 610
file:HE:1N000881881RE Wolf Mountain WWTP2.htm

Public Nalke
i NorN Carolina Environmental Management
Commissipn/NPp6 Unit
16IT M9ail Servire Center
Notice of Intentifohlsiva a NP�ES Wastewater
Perm(t
The North Carolina Environmental Management
CommissS5lon proposes to Iss e a NPUES wazte.
water ulscharge permit to the persons) listed
below.
July 22, 2011 (8578)
ASHF.VR J.F
CITIZEN IN ES
VOICE OF THE MOUNrAINiS • CM7.EN-TTMFS.coln
AFFIDAVIT OF PUBLICATION
BUNCOMBE COUNTY
SS.
NORTH CAROLINA
Before the undersigned, a Notary Public of said County and
State, duly commissioned, qualified and authorized by law
to administer oaths, personally appeared Elyse Giannetti,
who, being first duly sworn, deposes and says: that she is
the Legal Billing Clerk of The Asheville Citizen -Times,
engaged in publication of a newspaper known as The
Asheville Citizen -Times, published, issued, and entered as
first class mail in the City of Asheville, in said County and
State; that she is authorized to make this affidavit and
sworn statement; that the notice or other legal
advertisement, a true copy of which is attached hereto, was
published in The Asheville Citizen -Times on the
following date: July 22"d , 2011 And that the said
newspaper in which said notice, paper, document or legal
advertisement was published was, at the time of each and
every publication, a newspaper meeting all of the
requirements and qualifications of Section 1-597 of the
General Statues of North Carolina and was a qualified
newspaper within the meaning of Section 1-597 of the
General Statues of North Carolina.
Signed this 22nd day of July, 2011
person
Swom to and subscribed before me the 22nd day of July,
2011. / 1__1\ _
My Co4ission expires the 5`h day of October, 20
[phone] 1 [phone] FAX
14 O. HENRY AVE. I P.O. BOX 2090 1 ASHEVILLE, NC 28802 1 [phone]
(VOTARY
PUBLIC
GAN W

SIA
NCDENR/DWQ
FACT SHEET FOR PERMIT RENEW.
Scenic Wolf Mountain Resort
NCO088188
Facilitv Information
(1.) Facility Name
Scenic Wolf Mountain Resort WWTP
.............
(2.) Permitted Flow MGD
...
0.225 MGD, / 0.3 MGD 1 7) County
.-......... ............... ._.....
Madison
(3Facility Class:
II
j (8.) Regional Office:
1 Asheville
(4.) Pretreatment Program
- -
N/A
--
State Grid
-
D8NE
(5.) Permit Status
Existing/ renewal
1 (10) USGS Quad Name
I Sams Gap -
(6.) Permit Writer:
Jim McKay
(11.) Date:
7/8/2011
Stream Characteristics
(I.),Receiving .Stream:
Puncheon Fork Creek
__(7)DrainageArea.(mi2
4.8
2. Sub -basin:
04 03 04
-' 8. Summer 7 10 cfs
1.14
(3.) Stream Index Number:
(
; (9.) Winter 7Q10-cds)
__1 78
4. Stream Classification:
C; ORW, Tr
_
10. 3092 cfs :
2.47
(5) 303 d Status:
Not listed
1( 1.) Average Flow (_
7.25 --....
6. 305 b Status:
Not listed
12. IWC %:
23% / 29%
Summary
Scenic Wolf Development LLC has requested renewal of the permit for Scenic Wolf Mountain Resort W WTP.
When the permit was issued in 2007, the receiving water was classified as C: Tr. It has subsequently been
reclassified as C; ORW, Tr. Since the permit was issued prior to reclassification, the Division contends that the
W WTP will be allowed to be built and operated as permitted if the economy improves to the point where
development does occur.
The resort development and W WTP have not been built, so there are no DMRs available for review. The permit
will be renewed with the following minor updates and changes:
1. Expiration date on the Cover Page has been changed to 2015.
2. On the Supplement to Permit Cover Sheet, the classification of Puncheon Fork Creek has been changed to C;
ORW, Tr.
3. On the map, the stream classification has been changed to C; ORW, Tr.
4. A.(1) and A.(2) Effluent Limitations and Monitoring Requirements:
• Footnote 4 regarding instream D.O. has been revised to say "The effluent D.O. concentration shall
not cause the D.O. of the receiving water to drop more than 0.5 mg/ L below background levels."
• Footnote 5 regarding TRC has been updated per the Division's permitting strategy for TRC.
Proposed Schedule for Permit Issuance
Draft Permit to Public Notice: July 20, 2011
Permit Scheduled to Issue: February 2, 2012
Delay of Issuance of Permit
The Southern Environmental Law Center, on August 19, 2011, requested a public hearing on the permit renewal. A
public hearing was held when the permit was originally issued in 2007, then the permit was challenged by Clean
Water North Carolina in August 2008. The permit was upheld in the ALJ/ EMC decision. Another public hearing
was held in conjunction with the reclassification of the water from C, Trout to ORW in March 2009. The Director
decided to not hold another public hearing in late January 2012. The applicant applied for permit renewal in a
timely manner, and applied for and received an ATC permit on 8/10/2007 during the original permit term.
A66-;��

1 \ \
NPDES Permit Fact Sheet — 02/02/ 12
Page 2
Scenic Wolf Mountain WWTP
NCO088188
If you have any questions on any of the above information or on the attached permit, please contact Jim McKay at
[phone], or by email at [e-mail].
m

Carolina Civil Design Associates, P.A.
(C:( Consulting Engineers
Wm. James Jones PE
March 13, 2010
North Carolina Department of
Environment and Natural Resources
Division of Water Quality.Point Source Branch
1617 Mail Service Center
Raleigh, NC 27699-1617
Re: NPDES Permit NCO088188
Scenic Wolf MountainWWTP
CCDA # 05102
Dear Mrs. Dina Sprinkle
Transmitted herewith is a request for renewal of NPDES permit #0088188 issued
to Scenic Wolf Development LLC in Madison County, NC. Due to economic conditions
the treatment plant has not been built. The Owner does intend to build the plant in the
future.
Thank you for your consideration of this application. Should you have any
questions please contact me at 828-779-0684.
Sincerely,
Carolina Civil Design Associates, P.A.
Wm. Jame ones, P.E.
CC: Rick Bussey
4 A Herman Avenue Extension Asheville, North Carolina 28803 email jjonesncarolinacivil.com Ph: 828-681-5246 Fax: [phone]

NPDES APPLICATION - FORM D
For privately owned treatment systems treating 100% domestic wastewaters <1.0 MGD
Mail the complete application to:
N. C. DENR / Division of Water Quality / NPDES Unit
1617 Mail Service Center, Raleigh, NC 27699-1617
NPDES Permit OP0088188 I
If you are completing this form in computer use the TAB key or the up -- down arrows to move from one
,field to the next. To check the boxes, click your mouse on top of the box. Otherwise, please print or type.
1. Contact Information:
Owner Name Scenic Wolf Development LLC
Facility Name Scenic Wolf Mountain Wastewater Treatment Plant
Mailing Address 1915 Wolf Ridge Road
City Mars Hill
State / Zip Code North Carolina 28754
Telephone Number [phone]
Fax Number (828) gi089=36- 6 g136 9�
e-mail Address [e-mail]
2. Location of facility producing discharge:
Check here if same address as above ❑
Street Address or State Road SR 1502 / Puncheon Fork Road
city Mars Hill MAR 2 9 2 010
State / Zip Code North Carolina / 28754
DENR-V4fA ER QUALITY
County Madison County SOURCE BRANCH
3. Operator Information:
Name of the firm, public organization or other entity that operates the facility. (Note that this is not
referring to the Operator in Responsible Charge or ORC)
Name Scenic Wolf Development LLC
Mailing Address 1915 Wolf Ridge Road
City Mars Hill
State / Zip Code NC/ 28754
Telephone Number (828)V6&4W3
Fax Number ( 828 )689-3600
1 of 4 Form-D 05108

NPDES AFFLICATION - FORM D
For privately owned treatment systems treating 100% domestic wastewaters <1.0 MOD
4. Description of wastewater:
Facility Generating Wastewater(check all that applyft
Industrial
❑
Number of Employees
Commercial
❑
Number of Employees
Residential
X❑
Number of Homes 800
School
❑
Number of Students/ Staff
Other
❑
Explain:
Describe the source(s) of wastewater (example: subdivision, mobile home park, shopping centers,
restaurants, etc.):
Subdivision With 800 Single Family Homes
Restaurant with 100 seats
Population served: 1850
S. Type of collection system
X❑ Separate (sanitary sewer only)
6. Outfall Information:
❑ Combined (storm sewer and sanitary sewer)
Number of separate discharge points 1
Outfall Identification number(s)
Is the outfall equipped with a diffuser? ❑ Yes X❑ No
7. Name of receiving.stream(s) (Provide a map shouring the exact location of each outfallp.
Puncheon Fork Creek Lat/ Long 355635/ 823134
S. Frequency of Discharge: X❑ Continuous ❑ Intermittent
If intermittent:
Days per week discharge occurs: 0 Duration:
9. Describe the treatment system
List all installed components, including capacities, provide design removal for BOD, TSS, nitrogen and
phosphorus. If the space provided is not sufficient, attach the description of the treatment system in a
separate sheet of paper.
(2) Bar Screen and flow splitter chamber,
(1) 75,000 gallon Flow Equalization tank,
(3) 25,000 gallon Clarifiers with dual C 8a F,
(3) 75,000 Aeration Trains,
(2) 75,000 gal. Digester tanks w/ pump J decant,
motors / blowers
(2) ultra- violet disinfection systems,
(2) tertiary sand filters
ultra sonic flow meter
2 of 4 Form-D 05/08

NPDES APPLICATION - FORM D
For privately owned treatment systems treating 100% domestic wastewaters <1.0 MGD
10. Flow Information:
Treatment ]Plant Design flog .300 MGD
Annual Average daily flow nI a MGD (for the previous 3 years)
Maximum daily flow n a MGD (for the previous 3 years)
11. Is this facility located on Indian country?
❑ Yes X❑ No
12. Effluent Data
Provide data for the parameters listed. Fecal Coliform, Temperature and pH shall be grab samples, for all other
parameters 24-hour composite sampling shall be used. If more than one analysis is reported, report daily maximum
and monthly average. If only one analysis is reported, report as daily maximum.
Parameter
Daily
Maximum
Monthly
Average
Units of
Measurement
Biochemical Oxygen Demand (BOD$)
7.5
5
Mg/ L
Fecal Coliform
400/ 100
200/ 100
mL
Total Suspended Solids
15
10
Mg/L
Temperature (Summer)
70
F
Temperature (Winter)
55
F
pH
9
6-9
S.U.
13. List all permits, construction approvals and/or applications:
Type Permit Number Type
Hazardous Waste (RCRA) NESHAPS (CAA)
UIC (SDWA) Ocean Dumping (MPRSA)
NPDES 0088188 Dredge or fill (Section 404 or CWA)
PSD (CAA) Other
Non -attainment program (CAA)
14. APPLICANT CERTIFICATION
Permit Number
I certify that I am familiar with the information contained in the application and that to the
best of my knowleoA and belief such information is true, complete, and accurate.
Printed
t
Title
1/6-
ate
-North Carolina General Statute 143-215.6 (b)(2) states: Any person who knowingly makes any false statement representation, or certification in any
application, record, report, plan, or other document files or required to be maintained under Article 21 or regulations of the Environmental Management
Commission implementing that Article, or who falsifies, tampers with, or knowingly renders inaccurate any recording or monitoring device or method
required to be operated or maintained under Article 21 or regulations of the Environmental Management Commission implementing that Article, shall be
guilty of a misdemeanor punishable by a fine not to exceed $25,000, or by imprisonment not to exceed six months, or by both. (18 U.S.C. Section 1001
provides a punishment by a fine of not more than $25,000 or imprisonment not more than 5 years, or both, for a similar offense.)
4 of 4 Form-D 05I08

Sludge Management Plan
Scenic Wolf Mountain Resort
WWTP
3/12/10
The plant has not been constructed and there is not any sludge being generated at the
plant site.
In the future when the plant is constructed sludge from the plant will be pumped by a
licensed septic tank hauler and hauled to the Metropolitan Sewerage District of
Buncombe County in Asheville, North Carolina for disposal. The hauler will request a
permit from MSD authorizing disposal of the sludge.
The sludge will be tested in accordance with MSD requirements.

SCENIC WOLF RESORT
March 12, 2010
Carolina Civil Design Associates
PO Box 508
Skyland, NC 28776
Re: Scenic Wolf Development, LLC
NPDES Renewal
NC0088188
Dear Mr. Jones :
This letter will serve as your Authorization to prepare a renewal package for the
NPDES permit number NC008818 on behalf of Scenic Wolf Development, LLC. I will
sign the renewal application on behalf of Scenic Wolf Development, LLC.
Thank you for your assistance in obtaining the permit renewal for this
development. Should you need any additional information please feel free to contact me
at 828-768-1533.
Sincerely,
Scenic W
xvti.j& " u0avy
Managing N
LLC