HomeMy WebLinkAboutWQ0001231_Final Permit_20090109January 9, 2009
CHARLES R. HUFF — OWNER
CHARLES R. & JANICE F. HUFF
943 OLD HENDERSONv'iLLE Hwy,
BREVARD, NORTH CAROLINA 28712
Dear Mr. Huff:
Michael F, Easley, Governor
William G. Ross Jr., secretary
North Carolina Department of Environment and Natural Resources
Coleen H. Sullins, Director
Division of Water Quality
Subject: Permit No. WQ0001231
Charlie's Sand and Gravel
Closed -Loop Recycle System
Transylvania County
In accordance with your renewal request received November 5, 2008, we are forwarding herewith
Permit No. WQ0001231, dated January 9, 2009, to Charles R. & Janice F. Huff for the continued
operation of the subject closed-loop wastewater recycle facilities.
This permit shall be effective from the date of issuance until December 31, 2013, shall void
Permit No. WQ001231 issued April 30, 1998, and shall be subject to the conditions and limitations as
specified therein. Please pay particular attention to the monitoring requirements in this permit. Failure to
establish an adequate system for collecting and maintaining the required operational information will
result in future compliance problems.
If any parts, requirements, or limitations contained in this permit are unacceptable, you have the
right to request an adjudicatory hearing upon written request within thirty (30) days following receipt of
this permit. 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, NC 27699-6714. Unless such demands are made this permit shall be final and binding,
If you need additional information concerning this matter, please contact Nathaniel Thornburg at
(919) 715-6160 or nathaniel.thomburg@ncmail.net.
Sincerely,
4.r Coleen H. Sullins
cc: Transylvania County Health Department
Asheville Regional Office, Aquifer Protection Section
Technical Assistance and Certification Unit
APS Central Files
LAU Files
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Aquifer Protection section 1636 Mail Service Center Raleigh, NC 27699-1636 Telephone: (9191733-3221
Internet: www,newatEguality.org Location: 2728 Capital Boulevard Raleigh, NC 27604 Fax 1: (919) 715-0588
Fax 2: (919) 715-6048
An Equal Opportunity/Affu-native Action Employer— 50% Recycled/l0% Post Consumer Paper Customer Service: (877) 623-6748
NORTH CAROLINA
ENVIRONMENTAL MANAGEMENT COMMISSION
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
RALEIGH
CLOSED-LOOP RECYCLE SYSTEM PERMIT
In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina as
amended, and other applicable Laws, Rules, and Regulations
PERMISSION IS HEREBY GRANTED TO
Charles R. & Janice F. Huff
Transylvania County
FOR THE
continued operation of a closed-loop recycle system consisting of: a 300 gallon per minute (GPM) pump;
a freshwater supply pond; a 10,700 gallon settling pond; and a 50 foot by 45 foot by 5 foot storage pond
to serve Charlie's Sand and Gravel, with no discharge of wastes to the surface waters, pursuant to the
application received November 5, 2008 by the Division of Water Quality (Division), and in conformity
with the project plan, specifications, and other supporting data subsequently filed and approved by the
Department of Environment and Natural Resources and considered a part of this permit.
This permit shall be effective from the date of issuance until December 31, 2013, shall void Permit
No. WQ0001231 issued April 30, 1998, and shall be subject to the following specified conditions and
limitations:
I. SCHEDULES
1. If not already installed, waste -level gauges, to monitor waste levels in the settling and storage ponds,
shall be installed within 60 days of issuance of this permit. Caution shall be taken not to damage the
integrity of the liner (if provided) when installing the gauges.
2. No later than six months prior to the expiration of this permit, the Permittee shall request renewal of
this permit on official Division forms. Upon receipt of the request, the Division will review the
adequacy of the facilities described therein, and if warranted, will renew the permit for such period of
time and under such conditions and limitations as it may deem appropriate. Please note that Rule 15A
NCAC 02T .0105(d) requires an updated site map to be submitted with the permit renewal
application.
WQ0001231 Version 2.0 Shell Version 081215 Page 1 of 5
II. PERFORMANCE STANDARDS
The closed-loop recycle system shall be effectively maintained and operated at all times so that there
is no discharge to the surface waters, nor any contravention of groundwater or surface water
standards. In the event that the facilities fail to perform satisfactorily, including the creation of
nuisance conditions due to improper operation and maintenance, the Permittee shall take immediate
corrective actions including those actions that may be required by the Division, such as the
construction of additional or replacement wastewater treatment, recycle, or disposal facilities.
2. The issuance of this permit shall not relieve the Permittee of the responsibility for damages to ground
or surface waters resulting from the operation of this facility.
III. OPERATION AND MAINTENANCE REQUIREMENTS
1. The facilities shall be properly maintained and operated at all times. The facilities shall be effectively
maintained and operated as a non -discharge system to prevent the discharge of any wastewater
resulting from the operation of this facility. The Permittee shall maintain an Operation and
Maintenance Plan pursuant to 15A NCAC 02T .1007 including operational functions, maintenance
schedules, safety measures, and a spill response plan.
2. Upon classification of the wastewater treatment and closed-loop recycle facilities by the Water
Pollution Control System Operators Certification Commission (WPCSOCC), the Permittee shall
designate and employ a certified operator to be in responsible charge (ORC) and one or more certified
operator(s) to be back-up ORC(s) of the facilities in accordance with 15A NCAC 08G .0200. The
ORC shall visit the facilities in accordance with 15A NCAC 08G .0200 or as specified in this permit
and shall comply with all other conditions specified in these rules.
3. Public access to the wastewater treatment equipment, wastewater storage structure(s), and closed-loop
recycle system shall be controlled.
4. The residuals generated from these treatment facilities must be disposed / utilized in accordance with
15A NCAC 02T .1100. The Permittee shall maintain a residual management plan pursuant to 15A
NCAC 02T.1008.
5. Diversion or bypassing of untreated wastewater from the treatment facilities is prohibited.
6. Freeboard in the settling and storage ponds shall not be less than two feet at any time.
7. Waste -level gauges, to monitor waste levels in the settling and storage ponds, shall be provided.
These gauges shall have readily visible permanent markings indicating the maximum liquid level at
the top of the temporary liquid storage volume, minimum liquid level at the bottom of the temporary
liquid storage volume, and the lowest point on top of the dam elevations.
8. A protective vegetative cover shall be established and maintained on all earthen basin embankments
(outside toe of embankment to maximum allowable temporary storage elevation on the inside of the
embankment), berms, pipe runs, erosion control areas, and surface water diversions. Trees, shrubs,
and other woody vegetation shall not be allowed to grow on the earthen basin dikes or embankments.
Earthen basin embankment areas shall be kept mowed or otherwise controlled and accessible.
WQ0001231 Version 2.0 Shell Version 081215 Page 2 of 5
W. MONITORING AND REPORTING REQUIREMENTS
1. Any monitoring (including groundwater, surface water, soil or plant tissue analyses) deemed
necessary by the Division to ensure surface and ground water protection will be established and an
acceptable sampling reporting schedule shall be followed.
2. All laboratory analyses for effluent, ground waters, or surface waters shall be made by a laboratory
certified by the Division for the required parameter(s) under 15A NCAC 02H.0800.
3. Freeboard (waste level to the lowest elevation on the top of the embankment) in the settling and
storage ponds shall be recorded weekly. Freeboard recording results shall be maintained at the
facility for a period of no less than five years, and shall be made available to the Division upon
request.
4. A record shall be maintained of all residuals removed from this facility. This record shall include the
name of the hauler, permit authorizing the disposal or a letter from a municipality agreeing to accept
the residuals, date the residuals were hauled, and volume of residuals removed.
5. Noncompliance Notification:
The Permittee shall report by telephone to the Asheville Regional Office, telephone number (828)
296-4500, as soon as possible, but in no case more than 24 hours or on the next working day
following the occurrence or first knowledge of the occurrence of any of the following:
a. Any occurrence at the wastewater treatment facility which results in the treatment of significant
amounts of wastes which are abnormal in quantity or characteristic, such as the dumping of the
contents of a basin or tank; the known passage of a slug of hazardous substance through the
facility; or any other unusual circumstances.
b. Any process unit failure, due to known or unknown reasons, that render the facility incapable of
adequate wastewater treatment such as mechanical or electrical failures of pumps, aerators,
compressors, etc.
c. Any failure of a pumping station, sewer line, or treatment facility resulting in a by-pass directly to
receiving waters.
d. Any time that self-monitoring information indicates that the facility has gone out of compliance
with its permit requirements.
For any emergency that requires immediate reporting (e.g., discharges to surface waters, imminent
failure of a storage structure, etc.) outside normal business hours must be reported to the Division's
Emergency Response personnel at telephone number (800) 662-7956, (800) 858-0368, or (919) 733-
3300. Persons reporting such occurrences by telephone shall also file a written report in letter form
within five (5) days following first knowledge of the occurrence. This report must outline the actions
taken or proposed to be taken to ensure that the problem does not recur.
WQ0001231 Version 2.0 Shell Version 081215 Page 3 of 5
V. INSPECTIONS
1. Adequate inspection and maintenance shall be provided by the Permittee to ensure proper operation
of the subject facilities.
2. The Permittee or his designee shall inspect the wastewater treatment and disposal facilities to prevent
malfunctions and deterioration, operator errors and discharges which may cause or lead to the release
of wastes to the environment, a threat to human health, or a nuisance. The Permittee shall keep an
inspection log or summary including at least the date and time of inspection, observations made, and
any maintenance, repairs, or corrective actions taken by the Permittee. This log of inspections shall
be maintained by the Permittee for a period of five years from the date of the inspection and shall be
made available upon request to the Division or other permitting authority.
3. Any duly authorized officer, employee, or representative of the Division may, upon presentation of
credentials, enter and inspect any property, premises or place on or related to the disposal site or
facility at any reasonable time for the purpose of determining compliance with this permit; may
inspect or copy any records that must be maintained under the terms and conditions of this permit,
and may obtain samples of groundwater, surface water, or leachate.
VI. GENERAL CONDITIONS
1. Failure to abide by the conditions and limitations contained in this permit may subject the Permittee
to an enforcement action by the Division in accordance with North Carolina General Statute 143-
215.6A to 143-215.6C.
2. This permit shall become voidable unless the facilities are constructed in accordance with the
conditions of this permit, the approved plans and specifications, and other supporting data.
3. This permit is effective only with respect to the nature and volume of wastes described in the
application and other supporting data. No variances to applicable rules governing the construction
and / or operation of the permitted facilities are granted unless specifically requested and granted in
this permit.
4. The issuance of this permit does not exempt the Permittee from complying with any and all statutes,
rules, regulations, or ordinances, which may be imposed by other government agencies (local, state,
and federal) that have jurisdiction. Of particular concern to the Division are applicable river buffer
rules in 15A NCAC 02B .0200, erosion and sedimentation control requirements in 15A NCAC
Chapter 4 and under the Division's General Permit NCG010000, and any requirements pertaining to
wetlands under 15A NCAC 02B .0200 and 02H .0500.
5. In the event there is a desire for the facilities to change ownership, or there is a name change of the
Permittee, a formal permit request must be submitted to the Division on official Division form(s),
documentation from the parties involved, and other supporting materials as may be appropriate. The
approval of this request will be considered on its merits and may or may not be approved. The
Permittee of record shall remain fully responsible for compliance until a permit is issued to the new
owner.
The Permittee shall retain a set of approved plans and specifications for the life of the facilities
permitted herein.
7. The Permittee shall maintain this permit until all permitted facilities herein are properly closed or
permitted under another permit issued by the appropriate permitting authority.
WQ0001231 Version 2.0 Shell Version 081215 Page 4 of 5
8. The Permittee must pay the annual fee Within thirty (30) days after being billed by the Division.
Failure to pay the fee accordingly may cause the Division to initiate action to revoke this permit
pursuant to 15A NCAC 02T .0105(e).
Permit issued this the 9`h day of January 2009
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
].+r een Sullins, Director
ivisi of Water Quality
By Authority of the Environmental Management Commission
Permit Number WQ0001231
WQ0001231 Version 2.0 Shell Version 081215 Page 5 of 5
WQ0001231— Charlie's Sand and Gravel
1050 Wilson Rd
Pisgah Forest, NC 28768
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