WQ0004599_Final Permit_19960628

State of North Carolina
DepartmentiofaEnvlronment,
Health and Natural Resources
Division of Environmental Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P.E., Director
June 28, 1996
Michael Brooks, Town Manager
Town of Banner Elk
Post OfficeeBox 156
Banner Elk, North Carolina 28604
Dear Mr. Brooks:
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Subject: Project Return (WQ0004599)
Town of Banner Elk
Land Application of Residuals
Avery County
This is in reference to your application received October 27, 1995 for the continued operation of
the land application of residuals program for the Town of Banner Elk.
In a letter dated April 19, 1996, you were asked by Mr, Michael Allen of the Division of
Environmental Management's Water Quality Section, whether or not the land application permit was still
required by the Town. According to conversations with Roman Caulder, representative with the Town of
Bann, :; Elk, on April 23, 1996, the existing landowners of the site which receives the residuals,
Grandfather Homes, no longer wanted the residuals, and therefore, additional land was being pursued.
This additional information was to be forwarded to the Division as soon as possible. As of today, this
information has not been received, therefore, the Division must return your application and support
documents as incomplete in accordance with North Carolina General Statute 143-215.1. Your existing
land application permit will be rescinded effective immediately.
On May 31, 1996, Permit No. WQ0012210 was issued to the Town for the construction and
operation of a Class A Distribution and Marketing Facility. The residuals generated by the Town of
Banner Elk may continue to be treated and reused under Permit No. WQ0012210.
Please be advised that operation of a land application of residuals program without a valid permit is
a violation of North Carolina General Statute 143-215.1 and may subject the Town of Banner Elk to
appropriate enforcement actions in accordance with North Carolina General Statute 143-215.6. Civil
penaltip,s of up to $10,000 per day per violation may be assessed for failure to secure a permit required by
North Carolina General Statute 143-215.1.
When you have obtained the requested information which is needed to make your application
complete, you may submit a new application package and a new $400.00 permit processing fee.
If you have any questions or comments concerning this matter, please contact Mt. Michael D.
Allen at [phone] extension 547.
Sincerely,
A. Presto oward, Jr., P.E.
cc: Asheville Regional Office, Water Quality Section
Asheville Regional Office, Groundwater Section
Bob Cheek, Groundwater Section, Central Office
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] FAX [phone]
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