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NC0043257_LV-2024-0316 CPA_20241011
sr TE ROY COOPER Governor MARY PENNY KELLEY Sccrerary �""�• RICHARD E.ROGERS.JR. NORTH CAROLINA Director Environmental Quality Certified Mail# 7020 3160 0000 4109 6654 Return Receipt Requested October 11, 2024 Matthew E. Raynor Nature Trails Association CLP 524 Meadow Ave Loop Banner Elk, NC 28604-7402 SUBJECT: Notice of Violation and Assessment of Civil Penalty for Violations of North Carolina General Statute(G.S.) 143-215.1(a)(6) and NPDES WW Permit No. NCO043257 Nature Trails Association CLP Nature Trails MHP WWTP Case No. LV-2024-0316 Chatham County Dear Mr. Raynor: This letter transmits a Notice of Violation and assessment of civil penalty in the amount of$1,357.30 ($1,259.50 civil penalty+$97.80 enforcement costs) against Nature Trails Association CLP. This assessment is based upon the following facts: a review has been conducted of the Discharge Monitoring Report (DMR) submitted by Nature Trails Association CLP for the month of June 2024. This review has shown the subject facility to be in violation of the discharge limitations and/or monitoring requirements found in NPDES WW Permit No. NC0043257. The violations, which occurred in June 2024, are summarized in Attachment A to this letter. Based upon the above facts, I conclude as a matter of law that Nature Trails Association CLP violated the terms, conditions or requirements of NPDES WW Permit No. NCO043257 and G.S. 143-215.1(a)(6) in the manner and extent shown in Attachment A. In accordance with the maximums established by G.S. 143-215.6A(a)(2), a civil penalty may be assessed against any person who violates the terms,conditions or requirements of a permit required by G.S. 143-215.1(a). North Carolina Department of Environmental Quality i Division d Water Resources Raleigh Regional office 3800 Barrett Drive Raleigh.North Carolina 27609 919.741,4200 Based upon the above findings of fact and conclusions of law, and in accordance with authority provided by the Secretary of the Department of Environmental Quality and the Director of the Division of Water Resources, 1, Vanessa E. Manuel, Assistant Regional Supervisor, Raleigh Regional Office hereby make the following civil penalty assessment against Nature Trails Association CLP: $687.00 3 of 3 violations of G.S. 143-215.1(a)(6)and Permit No. NC0043257, by discharging waste water into the waters of the State in violation of the Permit Daily Maximum for Coliform, Fecal MF, MFC Broth,44.5 C $572.50 1 of I violations of G.S. 143-215.1(a)(6)and Permit No. NC0043257, by discharging waste water into the waters of the State in violation of the Permit Monthly Geometric Mean for Coliform, Fecal MF,MFC Broth,44.5 C 1 259.50 TOTAL CIVIL PENALTY $97.80 Enforcement Costs $1,357.30 TOTAL AMOUNT DUE Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty I have taken into account the Findings of Fact and Conclusions of Law and the factors set forth at G.S. 143B-282.1(b), which are: (1) The degree and extent of harm to the natural resources of the State, to the public health, or to private property resulting from the violation; (2) The duration and gravity of the violation; (3) The effect on ground or surface water quantity or quality or on air quality; (4) The cost of rectifying the damage; (5) The amount of money saved by noncompliance; (6) Whether the violation was committed willfully or intentionally; (7) The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority; and (8) The cost to the State of the enforcement procedures. Within thirty(30)days of receipt of this notice, you must do one of the following: (1) Submit payment of the penalty, OR (2) Submit a written request for remission, OR (3) Submit a written request for an administrative hearing Option 1: Submit payment of the penalty: Payment should be made directly to the order of the Department of Environmental Quality(do not include waiver form). Payment of the penalty will not foreclose further enforcement action for any continuing or new violation(s). Please submit payment to the attention of: Wastewater Branch Division of Water Resources 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Option 2: Submit a written request for remission or mitigation including a detailed justification for such request: Please be aware that a request for remission is limited to consideration of the five factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper procedure for contesting whether the violation(s)occurred or the accuracy of any of the factual statements contained in the civil penalty assessment document. Because a remission request forecloses the option of an administrative hearing, such a request must be accompanied by a waiver of your right to an administrative hearing and a stipulation and agreement that no factual or legal issues are in dispute. Please prepare a detailed statement that establishes why you believe the civil penalty should be remitted, and submit it to the Division of Water Resources at the address listed below. In determining whether a remission request will be approved,the following factors shall be considered: (1) whether one or more of the civil penalty assessment factors in NCGS 14313-282.1(b) was wrongfully applied to the detriment of the petitioner; (2) whether the violator promptly abated continuing environmental damage resulting from the violation; (3) whether the violation was inadvertent or a result of an accident; (4) whether the violator had been assessed civil penalties for any previous violations; or (5) whether payment of the civil penalty will prevent payment for the remaining necessary remedial actions. Please note that all evidence presented in support of your request for remission must be submitted in writing. The Director of the Division of Water Resources will review your evidence and inform you of his decision in the matter of your remission request. The response will provide details regarding the case status, directions for payment, and provision for further appeal of the penalty to the Environmental Management Commission's Committee on Civil Penalty Remissions(Committee). Please be advised that the Committee cannot consider information that was not part of the original remission request considered by the Director. Therefore, it is very important that you prepare a complete and thorough statement in support of your request for remission. In order to request remission,you must complete and submit the enclosed"Request for Remission of Civil Penalties, Waiver of Right to an Administrative Hearing,and Stipulation of Facts" form within thirty (30)days of receipt of this__ notice. The Division of Water Resources also requests that you complete and submit the enclosed"Justification for Remission Request." Both forms should be submitted to the following address: Wastewater Branch Division of Water Resources 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Option 3: File a petition for an administrative hearing with the Office of Administrative Hearings: If you wish to contest any statement in the attached assessment document you must file a petition for an administrative hearing. You may obtain the petition form from the Office of Administrative Hearings. You must file the petition with the Office of Administrative Hearings within thirty(30) days of receipt of this notice. A petition is considered filed when it is received in the Office of Administrative Hearings during normal office hours. The Office of Administrative Hearings accepts filings Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m., except for official state holidays. The petition may be filed by facsimile(fax) or electronic mail by an attached file(with restrictions) - provided the signed original, one(1)copy and a filing fee(if a filing fee is required by NCGS §150B-23.2) is received in the Office of Administrative Hearings within seven(7) business days following the faxed or electronic transmission. You, should contact the Office of Administrative Hearings with all questions re ardin g the filing fee and/or the details of the filing process. The mailing address and telephone and fax numbers for the Office of Administrative Hearings are as follows: 6714 Mail Service Center Raleigh, NC 27699 6714 Tel: (919)431-3000 Fax: (919)43t-3100 One (1) copy of the petition must also be served on DEQ as follows: Mr. William F. Lane, General Counsel Department of Environmental Quality 1601 Mail Service Center Raleigh, North Carolina 27699-1601 Please indicate the case number(as found on page one of this letter) on the petition. Failure to exercise one of the options above within thirty(30)days of receipt of this letter, as evidenced by an internal date,time received stamp(not a postmark), will result in this matter being referred to the Attorney General's Office for collection of the penalty through a civil action. Please be advised that additional penalties may be assessed for violations that occur after the review period of this assessment. If you have any questions,please contact Myles Parker with the Division of Water Resources staff of the Raleigh Regional Office at (919) 791-4200 or via email at myles.parkerw deq.nc.gov. Sincerely, r Vanessa E. Manuel, Assistant Regional Supervisor Water Quality Regional Operations Section Raleigh Regional Office Division of Water Resources,NCDEQ ATTACHMENTS Cc: Laserfiche JUSTIFICATION FOR REMISSION REQUEST Case Number: LV-2024-0316 County: Chatham Assessed Party: Nature Trails Association CLP Permit No.: NCO043257 Amount Assessed: $1,357.30 Please use this form when requesting remission of this civil penalty. You must also complete the "Request For Remission, Waiver of Right to an Administrative Hearing, and Stipulation of Facts"form to request remission of this civil penalty. You should attach any documents that you believe support your request and are necessary for the Director to consider in evaluating your request for remission. Please be aware that a request for remission is limited to consideration of the five factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual statements contained in the civil penalty assessment document. Pursuant to N.C.G.S. § 143B-282.1(c), remission of a civil penalty may be granted only when one or more of the following five factors apply. Please check each factor that you believe applies to your case and provide a detailed explanation, including copies of supporting documents, as to why the factor applies (attach additional pages as needed). (a) one or more of the civil penalty assessment factors in N.C.G.S. 14313-282.1(b) were wrongfully applied to the detriment of the petitioner(the assessment factors are listed in the civil penalty assessment document); (b) the violator promptly abated continuing environmental damage resulting from the violation(i.e., explain the steps that you took to correct the violation and prevent fixture occurrences); (c) the violation was inadvertent or a result of an accident (i.e., explain why the violation was unavoidable or something you could not prevent or prepare for); (d) the violator had not been assessed civil penalties for any previous violations; (e) payment of the civil penalty will prevent payment for the remaining necessary remedial actions (i.e., explain how payment of the civil penalty will prevent you from performing the activities necessary to achieve compliance). EXPLANATION: STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY COUNTY OF CHATHAM IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND STIPULATION OF FACTS Nature Trails Association CLP ) Nature Trails MHP WWTP ) PERMIT NO. NCO043257 ) CASE NO. LV-2024-0316 Having been assessed civil penalties totaling$1,357.30 for violation(s)as set forth in the assessment document of the Division of Water Resources dated October 11 2024, the undersigned, desiring to seek remission of the civil penalty,does hereby waive the right to an administrative hearing in the above-stated matter and does stipulate that the facts are as alleged in the assessment document. The undersigned further understands that all evidence presented in support of remission of this civil penalty must be submitted to the Director of the Division of Water Resources within thirty(30) days of receipt of the notice of assessment. No new evidence in support of a remission request will be allowed after(30) days from the receipt of the notice of assessment. This the day of _, 20 SIGNATURE ADDRESS TELEPHONE ATTACHMENT A Nature Trails Association CLP CASE NUMBER: LV-2024-0316 PERMIT: NCO043257 REGION: Raleigh FACILITY: Nature Trails MHP WWTP COUNTY: Chatham LIMIT VIOLATION(S) SAMPLE LOCATION: Outfall 001 -Effluent Violation Report Unit of Limit Calculated %Over Violation Penalty Date MonthNr Parameter Frequency Measure Value Value Limit Type Amount 6/13/2024 6-2024 Coliform, Fecal MF. Weekly #/100ml 400 2,400 500.0 Daily $229.00 MFC Broth,44.5 C Maximum Exceeded 6/21/2024 6-2024 Coliform, Fecal MF. Weekly #/100ml 400 2,000 400.0 Daily $229.00 MFC Broth,44.5 C Maximum Exceeded 6/27/2024 6-2024 Coliform, Fecal MF. Weekly #/100m1 400 1,100 175.0 Daily $229.00 MFC Broth, 44.5 C Maximum Exceeded 6/30/2024 6-2024 Coliform, Fecal MF, Weekly #/100mi 200 547.36 173.7 Monthly $572.50 MFC Broth,44.5 C Geometric Mean Exceeded DIVISION OF WATER RESOURCES -CIVIL PENALTY ASSESSMENT Violator: Nature Trails Association CLP Facility Name: Nature Trails MHP WWTP Permit Number: NCO043257 County: Chatham Case Number: LV-2024-0316 ASSESSMENT FACTORS 1) The degree and extent of harm to the natural resources of the State,to the public health,or to private property resulting from the violation; No documented damage to the environment, public health or private property. However, not submitting data can prohibit complete assessment of environmental impacts. 2) The duration and gravity of the violation. Coliform was exceeded 500°-o over the daily maximum limit on 6/11'2024. Coliform was exceeded 400% over the daily maximum limit on 6r21 2024 Coliform was exceeded 17506 over the daily maximum limit on 6r27'2024 Coliform was exceeded 173.670'o over the monthly geometric mean limit on 6.30i2024 3) The effect on ground or surface water quantity or quality or on air quality; The receiving stream for the authorized effluent discharge is Cub Creek, classified as WS-IV;NSW in the Cape Fear River Basin. The effects on water quantity or quality because of permit limit exceedances include increased risk to impact waters of the state. 4) The cost of rectifying the damage; The cost of rectifying the damage is not documented. 5) The amount of money saved by noncompliance; Any money saved by non-compliance is de minimis. 6) Whether the violation was committed willfully or intentionally; It is not believed that the violations were committed willfully or intentionally. 7) The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority There have been 1 penalty assessments issued in the past 12 months to the permittee for a violation occurring at Nature Trails MHP WWTP. 8) The cost to the State of the enforcement procedures. $97.80 Date Vanessa E. Manuel, Assistant Regional Supervisor Water Quality Regional Operations Section Raleigh Regional Office Division of Water Resources, NCDEQ B # � J ! ) 2J ! � aaaa • d \ § 2 � Q § Z � % © k {� � ) @ � ¢ z / I . f -f� . CL UJ � « . . . . . . a z / 124ZZ � � aa2 y ; / ; k ! log § ( � { LLJ ) ] ad\ ) tee ® / a - § ! � c ± i ) � � { � ■ � ( £ w 2 - - ` , ■ � � E t2J ƒ ) / CyIV } } C.vQW) ) 4 IS S . a c5» a#k aaa $ � _ �,§ z , � _ � ] � § 6 „ f! 5 )) § !) ! ! \ 2 k \ k aa@ q A Ottf6 ,6 ) 2 � ,� ! a { ƒ s »@ m & $ 2 LLU � !} i \ ] k \ ) k m !! ! aaa qe8 % 16 . � a@a § { mf \ aa@ ± ! }� \ ° \ } 4 ) b ƒ § !\ ! \ \ ) 7 . ; ) ) �- `1i ]9A( ! / 7 � ! zJ . ■ � � ! j ! � ■° _# #° ! } � � , ! � § k \ k { � a� 2 } � { 7 � ! ; J § { ƒ � a � ) 2 . ( � G ! \ 2 ! ) \ ( $ ) ] �5 § � f ) k § � kk ( ] | - k ] � kk CD � / 2 �k / 2 J0 ) � \ K @ u _ § § ° o \ E � k 0 a ) - d § § � E.@ @ kk2 , 4 � k cm E ) � � CA k k % w 0 E ! w . � / ) 0 \ § § o $ cn F £ k $2 k / o o 2 o f g ks d f D | 2 , / M/ /� | . v > \ L � /� m ƒ ƒ� E CD / ! I �' 2 ƒ 2 e / k OL � � E ' e § m � ) � k \ S£ k M ^ 0 2 f ■ 4 I \ 2 \ � \ � � : � ( � 0 k � kE z ) CD E Q k \ 0 \ c cc k § k } § ( A/ & k k § ) ) k § � k \} ! � _ o — cn E� � � 5 co cr i -. E f § . / � % \ o >�v§ k arc _ o gym _ c <z _m ■ tfo mo » nC i oz — ) ■ ce@emu �a2w7G � 22 % G R / E £ Et 2> m �� § K ƒ k � � ? 2kkk/ k m§jM �j uj Docusign Envelope ID: 1C177672-D8DD4BC1-8708-BE66F4CC943D STATE,, ROY COOPER - 3 Governor ELIZABETH S.BISER `•�„ ;,p- Secretary RICHARD E.ROGERS.JR. NORTH CAROLINA Director Environmental Quality Certified Mail # 7020 3160 0000 4109 3875 Return Receipt R ue d August 19, 2024 Matthew E. Raynor Nature Trails Association CLP 524 Meadow Ave Loop Banner Elk, NC 28604-7402 SUBJECT: NOTICE OF VIOLATION & INTENT TO ASSESS CIVIL PENALTY Tracking Number: NOV-2024-LV-0709 Permit No. NCO043257 Nature Trails MHP WWTP Chatham County Dear Permittee: A review of the June 2024 Discharge Monitoring Report (DMR) for the subject facility revealed the violation(s) indicated below: Limit Exceedance Violation(s): Sample Limit Reported Location Parameter Date Value Value Type of Violation 001 Effluent Coliform, Fecal MF, MFC Broth, 6/13/2024 400 2,400 Daily Maximum Exceeded 44.5 C(31616) 001 Effluent Coliform, Fecal MF, MFC Broth, 6/21/2024 400 2,000 Daily Maximum Exceeded 44.5 C(31616) 001 Effluent Coliform, Fecal MF, MFC Broth, 6/27/2024 400 1,100 Daily Maximum Exceeded 44.5 C(31616) 001 Effluent Coliform, Fecal MF, MFC Broth, 6/30/2024 200 547.36 Monthly Geometric Mean Exceeded 44.5 C (31616) �R Nath Carolna DrpartmcnofEm4o+vtrn+alQuah+y Dlvisbn of Warn Rcsaxcn D_E 1 R&40Re9"Offke 78008a Vl DrWe RaklgkNonhCr4m27609 Docusign Envelope ID 1C177672-D8DD4BC1-8708•SE66F4CC943D Postal CERTIFIED MA10) RECEIPT r` r r7113C*U%dMMR pp ROY COOPER c' F F l r l M y — Governor ELIZABETH S.BiSER Secmrory Dww9 eo,cb17ANu.Pp,we•d1 RICHARD E.ROGERS,JR rac C3 , —� D,�cYl o, Env Oa.a oM Pa7bTIArk t3Rq,*W �' Here C7 �okCertified Mail # 7020 3160 0000 4109 3875 .n ° r-3 MATTHEW C MTNOR Return Receipt Reouested Mt�', 1 NATURE TRAILS ASSOCIATION CLP 524 MEADOW AVE LOOP O &INNER ELx,NC ZMD4.7402 Al o WQ NOV&INTENT TO ASSESS CI Vtt PENALTYMOV•2024-tv-0709 SF7Bef ar PERMIT NO NC0o112S7 NATURE TRAILS MHP WWTP CHATHAM CO 00041093675 M:011IN12024 Matthew E. Raynor 702031600 ��:� __.. Nature Trails Association CLP , 524 Meadow Ave Loop Banner Elk, NC 28604-7402 SUBJECT: NOTICE OF VIOLATION & INTENT TO ASSESS CIVIL PENALTY Tracking Number: NOV-2024-LV-0709 Permit No. NCO043257 Nature Trails MHP WWTP Chatham County Dear Permittee: A review of the June 2024 Discharge Monitoring Report(DMR) for the subject facility revealed the violation(s) indicated below: J:imit Exceedance Violatioll Sample Limit Reported Location Parameter Date Value Value Type of Violation 001 Effluent Coliform, Fecal MF, MFC Broth, 6/13/2024 400 2,400 Daily Maximum Exceeded 44.5 C(31616) 001 Effluent Coliform, Fecal MF, MFC Broth, 6/21/2024 400 2,000 Daily Maximum Exceeded 44.5 C(31616) Daily Maximum Exceeded ■ Complete Items t,2,and 3. A. Skinature 5 Monthly Geometric Mean Exceeded ■ Print your name`and address on the reverse D Agent so that we can return the card to you, p Awe • Attach this card to the fleck of the rral or on the tnont If apace permb, iPi�e, B. (P7�7 C Delivery I. Article Addressed to: 0. Is delivey addles dlfr&W from tern 1? 0 AMATTHEW E.RAYNOR If YES,QMQr daAvery©ddreu below: Q NO NATURE TRAILS ISSnC1ATIO4 CLP S24MCi,oLr'., 1F OOP SAWA- &7402 MIC:NOVG.', , 0ASSESS CI VR PENAL TY/NOV 2024LV.0709 PERMIT NO N',CC,,257 NATURE TRAILS MHP W WTP CHATHAM CO 7020316000041(153875 M 0012012024 Illill�llflllflllllll Illill�llllllllll�Illllll LL- - 1, SmIce T�" °Prtoik'I� e:Nrrv - ❑/Id{Ik$brt61,y. 0 t UMW De0my D Mau R.*kto a 9590 9402 6388 0303 9506 70 d P4*lC 0"" ,C*nfMWtl;0nTr 0 Cobw on O 6iv-se Cordhrntlon Articl e Number(rre"StOr hnrr►woke laW o C41100 on�De WWY PASWO d DOvy 7020 3160 0000 g1109 3875 ❑0k*Aad�I edDaOwry S Form 3811.July 2020 PSN 7530-W-00o-9M txmeel�R�1, ,R.,�„► NPDES PERMIT NO.:NCO043257 PERMIT VERSION:5.0 PERMIT STATUS:Active FACILITY NAME:Nature Trails MI1P WWTP CLASS:WW-2 COUNTY:Chatham OWNER NAME:Nature Trails Association CLP ORC:Peter Jay Saulsbury ORC CERT NUMBER:991623 GRADE:W W4. ORC HAS CHANGED:No eDMR PERIOD:06-2024(June 2024) VERSION: 1.0 STATUS:Submitted SAMPLING LOCATION: DOWNSTREAM DISCHARGE NO.: 001 06016 60260 Z �,. weekly W-Ll 8 ~ € Graff Gr.2• A L R WI SJOO tI.eh deg IP 1 2 3 1030 13.9 1 2 a 7 N 9 16 1130 15.2 7 1 12 13 I 15 16 17 1540 16 19 IN 19 26 21 12 23 24 1030 16.9 6.1 2S 26 27 SN 29 36 M..lbW Arv.Ne I.Imir: N1.6t61� 15.5 4.6 D.uy M.U.— 16.9 72 D.IIy NII.I.— 13.9 19 �••.No Reporting Reason:FNFRUSF No Flow-Rcusc/Rceycic: I:NV W"fHR No Visitation Adverse Wcalhcr: NOFLOW No Flow: HOLIDAY No Visnauon Holiday Discharge Monitoring Report-Copy Of Record(COR_NC0043257_Ver_1.0_6_2024.pdf) NPDES PERMIT NO.:N00043257 PERMIT VERSION:5.0 PERMIT STATUS:Active FACILITY NAME:Nature Trails M11P WWTP CLASS:WW-2 COUNTY:Chatham OWNER NAME:Nature Trails Association CLP ORC:Peter Jay Saulsbury ORC CERT NUMBER:991623 GRADE:WW4. ORC HAS CHANGED:No eDMR PERIOD:06-2024(June 2024) VERSION: 1.0 STATUS:Submilled SAMPLING LOCATION: EFFLUENT DISCHARGE NO.: 001 NO DISCHARGE*: NO (Continue) Cf1.00 Coo ouarlerly Vlartcrl 4 Z r- z S ' Cum ile Com site I "r e d T4ITAL N.C— TUTALP-Cone 14"dxk Itn 2400da1, 11. YIWN w !I m I 1 2 3 0930 2.0 Y 1000 2.0 Y s 1030 1.5 Y . 0930 1 5 Y 0710 2400 0630 75 Y N 9 N to 1100 2.0 Y It 1400 10 I Y It 1230 1.5 Y 13 13000 24W 1230 l.o Y 14 1300 1.5 Y Is N 16 N 17 15W 20 Y I9 1300 1.5 Y 19 0900 L5 Y 24 1 1030 1.5 Y 21 0710 2400 0615 1.0 Y tt N tl N 24 0930 2.0 Y is U9W 20 Y 26 1030 12.0 Y 27 low 2400 1030 1-5 Y 09110 1.0 Y 39 N 3a N \1.w1kly Arn.g.I.Ilnlf: MuerNv,\v.r.Re: D.Ily M..I..m: U.ay?ll.lmum: •'••No Reporting Reason:FNFRUSE No Flow-ReuseMccycle; IsNVWTHR No Visitation Adverse Weather; NOFLOW No Flow; HOLIDAY No Visitation Holiday Discharge Monitoring Report-Copy Of Record(COR_NC0043257_Ver_1.0_6_2024.pdf) NPDES PERMIT NO.:NCO043257 PERMIT VERSION:5.0 PERMIT STATUS:Active FACILITY NAME:Nature Trails MIIP WWTP CLASS:WW-2 COUNTY:Chatham OWNER NAME:Nature Trails Association CLP ORC:Peter Jay Saulsbury ORC CERT NUMBER:991623 GRADE:WW4. ORC HAS CHANGED:No eDMR PERIOD:06-2024(June 2024) VERSION: 1.0 STATUS:Submitted COMPLIANCE STATUS:Non-Compliant CONTACT PHONE.N:9198013848 SUBMISSION DATE.:08101-2024 Electronically Certified by Peter Saulsbury on 2024-07-31 10:05:02.309 ORC/Cer( ifier S i g n a t u r c : P c t c r Saulsbury Phonc 0: 919 -801 -3848 1)atc 1 certify that this report is accurate and complete to the best of my knowledge. The permtttee shall report to the Director or the appropriate Regional Office any noncompliance that potentially threatens public health or the environment. Any information shall be provided orally within 24 hours from the time the permittec became aware of the circumstances.A written submission shall also be provided within 5 days of the time the pctmtttee becomes aware of the circumstances.The written submission shall be made as required by part IL E.6 of the NPDF;S permit. Electroni cat 1 Signed by Matthew Raynor on 2024-08-01 15-24:29.403 PermittceiSubmiticr Signature: * * *Matthew Raynor P h o n c #:919-960-5739 D a t c Petmtttee Address: 101 Nature Trl Chapel Hill NC 27514 Permit Expiration Date:0410/2026 I certify,under penalty of law,that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted.Based on my inquiry of the person or persons who managed the system,or those persons directly responsible for gathering the information,the information submitted is,to the best of my knowledge and belief,true, accurate,and complete.I am aware that there are significant penalties for submitting false information,including the possibility of tines and imprisonment for knowing violations. CERTIFIED LABORATORIFS LAB NAME:Lutofins CERTIFIED LAB N:550 PERSON(s)COLLECTING SAMPLES:Pcte Saulsbury PARAMETER CODES Parameter Code assistance may be obtained by visiting hops:;odeq nc.gowabouudivisions.,water-resources/edmruser-documentation. FOOTNOTES Use only units of measurement designated in the reporting facility's NPDFS permit for reporting data *No Flow/Discharge From Site:YES indicates that No Flow+Discharge occurred and,as a result,no data is reported for any parameter on the DMR for the entire monitoring period. **ORC on Site?:ORC must visit facility and document visitation of facility as required per 5A NCAC 8G 0204. ***Signature of Permittee: 11'signed by other than the permittec,then delegation of the signatory authority must be on file with the state per 15A NCAC 213 .0506(b)(2)(D). Discharge Monitoring Report-Copy Of Record(COR_NC0043257 Ver_1.0 6 2024.pdf) V O O O O e O m H O O O O O O U. 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(D O c0 M V� 9 (6 a m f° 0 E 7 U) 0 m M M co ao 0 v ea e» N O � U io c c � a 01 y U (y ,`o U c � W o m 0 o Iq 69 C E 3 efi Vi m M V� G 7 cli O 0 o Q to of N N N 10 � � N (n 7 n N N M w O N N � N N N ['7 N N M n a 4/ w (D w O Co N O O � 0 o U N N J J F DocuSign Envelope ID:F567E905-069C-47CF-BBCE-6C885B24C8F7 NPDES Permit NCO043257 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY DIVISION OF WATER RESOURCES PERMIT TO DISCHARGE WASTEWATER UNDER THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM NPDES In compliance with the provisions of North Carolina General Statute 143-215.1, other lawful standards and regulations promulgated and adopted by the North Carolina Environmental Management Commission, and the Federal Water Pollution Control Act, as amended, Nature Trail Associates CLP is hereby authorized to discharge wastewater from a facility located at the Nature Trail MHC WWTP 326 Nature Trail, Chapel Hill 2751.7 Chatham County to receiving waters designated as Cub Creek in the Cape Fear River Basin, in accordance with effluent limitations, monitoring requirements, and other conditions set forth in Parts 1, II, 111 and IV hereof. This pen-nit shall become effective November 1, 2021 This permit and authorization to discharge shall expire at midnight on April 30, 2026. If the pennrtlee intends to conliBac drschargrng at the Jaciltn he'rond the term of this permit,a renewal application waist he subuHtled tin later than Oclober 2,2025(180 dais before the expiration of this pernrll) Signed this day October 27, 2021 DocuSigned by: Mx e 7- 8328B44CE9E84At S. Daniel Smith, Director Division of Water Resources By Authority of the Environmental Management Commission Page I of 9 DocuSign Envelope ID:F567E9D5-069C-47CF-BBCE-6C885B24C8F7 NPDES Permit NCO043257 PART I A. (1.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS [15A NCAC 02B .0400 et seq., 02B .0500 et seq.] Grade 11 Biological Water Pollution Control System [15A NCAC 08G.0302] During the period beginning on the effective date of this permit and lasting until expansion above 0.04 MGD or expiration, the Permittee is authorized to discharge from outfall 001. Such discharges shall be limited, monitored and reported' by the Pertittee as specified below: EFFLUENT CHARACTERISTICS LIMITS MONITORING RE UIREMENTSI Monthly Daily Measurement Sample Sample eDMR Codel Average Maximum Frequency Type Location Flow(MGD) 50050 0.04 MGD Continuous Recording I or E: BOD,5-day(20"C)(mg/L) C0310 17.0 rng/L 25.5 mg.L Weekly Composite E Total Suspended Solids(mg/L) C0530 30.0 rng/L 45.0 mgrL Weekly Composite L NHi as N(mg/L) C0610 2.6 mg/L :3.0 nit-1 Weekly Composite L (April 1 October 31 NHy as N(mg/L) C0610 5.2 mg/L 26.0 mg.L Weekly Composite 1: (November I March 31) Dissolved Oxygen(DO) 00300 Daily average not less than 5.0 Weekly Grab F Dissolved Oxygen(DO) 00300 Monitor&Report Weekly Grab U &D Fecal Colifenn 3(A I00ml) .t 1616 200 100 nil 400+ 100 ml Weekly Grub r Total Residual Chlorine(TRC)4 50060 28 ug/1-4 21Week Grab E (Eglt-) Temperature("C) 00010 Monitor&Report Daily Grab L Temperature("C) 00010 Monitor&Report Weekly Grab U&D Total Nitrogen(TN) (mg L) C0600 Monitor&Report Quarterly Composite E Total Phosphorus(TP)(mg/L) C0665 Monitor&Report Quarterly Composite E PH(su) (10400 >6.0&•--9 0 standard units Weekly Grab E Footnotes: I. The permittee shall submit discharge monitoring reports electronically using the NC DWR's eDMR system [see A. (5)]. 2. Upstream at least 50 feet upstream from the outfall. Downstream at least 1.2 miles downstream from the outfall. 3. Fecal Coliform shall be calculated using the geometric mean,according to the procedure detailed in Part I[. Section A. 4. The Division shall consider all effluent TRC values reported below 50 µg/L to be in compliance with the permit. However, the Permittee shall continue to record and submit all values reported by North Carolina certified test methods(including field certified), even if these values fall below 50 µg/L. Conditions: • There shall be no discharge of floating solids or foam visible in other than trace amounts. Page 3 of 9 DocuSign Envelope ID F567E9D5-069C-47CF-13BCE-6C885B24C8F7 NPDES Permit NC0043257 A. (3.) CALCULATION OF TOTAL NITROGEN AND TOTAL PHOSPHORUS LOADS [G.S. 143-215.1(b)) a. The Permittee shall calculate monthly and annual TN and TP Loads as follows: i. Monthly TN (or TP) Load (lb/mo)=TN (or TP) x TMF x 8.34 where: TN (or TP) - the average Total Nitrogen or Total Phosphorous concentration (mg/L) of the composite samples collected during the month TMF the Total Monthly Flow of wastewater discharge during the month (MG..mo) 8.34 conversion factor, from (mg/L x MG) to pounds ii. Annual TN (or TP) Load (lb/yr)=Sum of the 12 Monthly TN (or TP) Loads for the calendar year b. The Permittee shall report monthly Total Nitrogen or Total Phosphorus results (mg/L and lbimo) in the discharge monitoring report for that month and shall report each year's annual results (lb/yr) in the December report for that year. A. (4.) PERMIT RE-OPENER: SUPPLEMENTARY NUTRIENT MONITORING [G.S. 143-215.1(b)] (a) Pursuant to N.C. General Statues Section 143-215.1 and implementing rules found in Title 15A of North Carolina Administrative Code, Subchapter 02H, specifically, 15A NCAC 02H.01 12(b)(1) and 02H.0114(a), and Part 11, Sections B.12 and B.13. of this Permit, the Director of DWR may reopen this permit to require supplemental nutrient monitoring of the discharge. The additional monitoring will be to support water quality modeling efforts within the Cape Fear River Basin, and shall be consistent with a monitoring plan developed jointly by the Division and affected stakeholders. In addition, the results of water quality modelling may require that limits for total nitrogen and total phosphorous be imposed on this pen-nit upon renewal. (b) The Division may, upon written notification to the permittee, re-open this permit in order to incorporate or modify effluent limits, monitoring and reporting requirements, and other permit conditions when it deems such action is necessary to implement TMDL(s)approved by the USEPA. Page 5 of 9 DocuSign Envelope ID:F567E9D5-069C47CF-BBCE-6CB85B24C8F7 NPDES Permit NC0043257 Starting on December 21, 2025 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. The pennittee 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 available as well. Information on EPA's NPDES Electronic Reporting Rule is found at: httplEt�txl�A # t c d`vl�iouael�t®I/�01 Rlldll'/�=S �t4�tia - -.--._.- sc r http®It(11I1�A�id� Q1Qt$Sc�ltfO1R1li7Di� Electronic submissions must start by the dates listed in the"Reporting Requirements" section above. 3. How to Re guest a Waiver from Electronic Re ortin 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: Ntlgrt:dl�de4,ctc� Lbbt�at�(ali�ieict�6�tet9e��fr Page 7 of 9