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HomeMy WebLinkAboutHaywood Co. DamsA� NCDENR North Carolina Department of Environment and Natural Resources Division of Land Resources Land Quality Section James D. Simons, PG, PE Director and State Geologist April 23, 2012 Mr. Randy Heron, PE Heron Associates, P.A. 41 Woodland Drive Waynesville, North Carolina 28786 RE: Harvey Dam Haywood County State Dam ID: HAYWO-024 H Dear Nft. Heron: Beverly Eaves Perdue, Governor Dee°Freeman;` 0 ry E 5 MAY - 2 2012 WATER QUALITY SECTION , ASHEVIILE REGIONAL OFFICE A review has been made of the plans, specifications and design data submitted under cover letter dated July 16, 2008 and received in this office on July 21, 2010 for the repair of the referenced dam. Prior to issuance of an approval to repair, additional information or revision is requested for the following items: 1. It is the experience of this office that a concrete lined spillway on steep terrain has a ---tendency-to-undermine, crack-and-slide-downhil-l—Please-consider-other-practical-options—------- - for adding spillway capacity. If you choose to remain with a channel concept, the following will need to be addressed: a.. If another type of channel lining is chosen, submit calculations to ensure it can withstand shear stresses imposed by channel flows. b. Please review Design of Small Dams, USDOI-Bureau of Reclamation, 1987, Chapter 9 Section G, for guidelines on the proper design of concrete. spillway channels on earth foundations. Additional items to address are joints, cutoff walls, underdrains and footer-type anchors to stabilize the floor. Although the dam, as proposed, appears to pass the required design storm, please provide additional calculations and hydraulic grade line through the chute spillway to show that a hydraulic jump will be contained within the boundaries of the spillway. and does not threaten the integrity of the dam during non failure storm events. 1612 Mail Service Center, Raleigh, North Carolina 27699-1612 - Telephone 919-707-9220 / FAX: 919-733-2876 512 North Salisbury Street, Raleigh, North Carolina, 27604 - Internet: http://portal.ncdenr.org/web/Ir/land-quality �o s NC®ENR North Carolina Department of Environment and Natural Resources Division of Land Resources Land Quality Section James D. Simons, PG, PE Director and State Geologist November 16, 2011 Smoky Mountain Sanctuary Mr. George Escaravage 32 Pavilion Lane Waynesville, North Carolina 28186 RE: Smoky Mountain Sanctuary POA Dam Haywood County STATE ID: HAYWO-025 Dear Mr. Escaravage: Beverly Eaves Perdue, Governor Dee ?• Freeman,. S.ecretar . ?4Y"r3T.ul;7r;ra.k55Ri'::aN•i1��}i+;;�:tl`�T,'{'^i?;irrt•�•'�;F,W.v,;.Sy:T},:i.��'• D { Nov 21 2011 F WATER C,,UALITY SECTION r ASHENIILLE REGIONAL OFFICE •ie�.,.,�,:'aa::rer�i:�+t:a�.Sri.-y::.rtac::,�.-,,ti-;,.,�:.,..'•:;�.::..:, �c�:wm:n:,.�nrr This is to acknowledge receipt of your preliminary report dated November 14, 2011 for the subject dam. The preliminary report was received in our office via e-mail on November 16, 2011. Preliminary reports pertaining to repair or modification of dams will be reviewed by this office in the order received, except that applications for existing high hazard potential dams with known safety issues will be given priority. We endeavor to respond to applications within 60 days of receipt of the application. Please contact Ms. Laura Herbert, PE, Regional Engineer, Land Quality Section, 2090 US Highway 70, Swannanoa, North Carolina 28778, telephone number (828) 296-4500, or me at telephone number (919) 733-4574 should you have any questions concerning this matter. Sincerely, Steven M. McEvoy, PE State Dam Safety Enginee Land Quality Section, SMM/rdk cc: Mr. David D. Smith, PE, Design Engineer Ms. Laura Herbert, PE, Land Quality Regional Engineer uIfacam` aMrotecUM ME S:ut�,ea�v� t�s Filename: HAYWO-025_20111116 RECT-PR Smoky Mountain Sanctuary PO Dam 1612 Mail Service Center, Raleigh, North Carolina 27699-1612 • Telephone 919-733-4574 / FAX: 919-733-2876 512 North Salisbury Street, Raleigh, North Carolina, 27604 • Internet:http://www.dlr.enr.state.nc.us/pages/landqualitysection.html RIM Ai�"rYWA WDENR North Carolina Department of Environment and Natural Resources Division of Land Resources Land Quality Section James D. Simons, PG, PE Director and State Geologist July 26, 2010 Ms. Gwen Harvey, Trustee 445 San Nicholas Way St. Augustine, Florida 32080 RE: Harvey Dam Haywood County HAYWO-024 Dear Ms. Harvey: Beverly Eaves Perdue, Governor Dee Freeman, Secretary This is to acknowledge receipt of your revised application dated July 16, 2010 for the repair of the subject dam. The application was received in our office on July'21, 2010. Applications requiring an approval to repair a dam will be reviewed by this office in the order they are received, except that existing high hazard potential dams with known safety problems will be given priority. We endeavor to respond to applications within 60 days of receipt of the application. Please contact Ms. Janet Boyer, PE, Regional Engineer, Land Quality Section, 2090 U.S. Highway 70, Swannanoa, North Carolina 28778, telephone number (828) 296-4500, or me at telephone number (919) 733-4574 should you have any questions concerning this matter. Sincerely,, Steven M. McEv , State Dam Safety eer Land Quality Section SMM/rdk cc: Mr. Gregory J. Balk, PE Ms. Janet Boyer, PE, Land Quality Regional Engineer Surface Water Protection Supervisor Filename: F[AYWO-024 20100716 RECT-REPAIR REVISIONS lei JUL 2 9 2010 I1NATER QUALITY SECTION ASHEVILLE REGIONAL OFFICE 1612 Mail Service Center, Raleigh, North Carolina 27699-1612 • Telephone 919-7.33-4574 / FAX: 919-733-2876 512 North Salisbury Street, Raleigh, North Carolina, 27604 - Internet:http://www.dir.enr.state.nc.us/pages/landqualitysectibh.'Htm1"' NC®ENR North Carolina Department of Environment and Natural Resources Division of Land Resources Land Quality Section James D. Simons, PG, PE Director and State Geologist July 19, 2010 NOTICE OF DEFICIENCY CERTIFIED MAIL-7008 0150 0000 7473 7784 CERTIFIED MAIL-7008 0150 0000 7473 7791 RETURN RECEIPT REQUESTED Michael D. Crawford 50 Valley View Drive Canton, NC 28716 Beverly Eaves Perdue, Governor Dee Freeman, Secretary JUL 2 0 2010 . WATER QUALITY SECTION pc'� �IILLE RF-IIONAL OFFICE_`) Deborah N. Cravvfo d--�'�'--'_-- . - W— 50 Valley View Drive Canton, NC 28716.... RE: Lipham Lake Dam - Dam ID# 018 - Haywood County Dear Mr. & Mrs. Crawford: The Dam Safety Law of 1967 provides for the certification and inspection of dams in the interest of public health, safety, and welfare, in order to reduce the risk of failure of dams, to prevent injuries to persons, damage to downstream property, and to ensure the maintenance of stream flows. A visual inspection of the referenced dam was conducted on June 17, 2010, by staff of the Land Quality Section Asheville Regional Office. During this inspection, the following conditions were noted: • The outlet of the barrel is deteriorating. The condition of the pipe through the dam is unknown and needs to be evaluated. • A repair has been made to the sinkhole above the outlet of the 18-inch CMP emergency spillway. • Trees and bushes are growing on the back slope and left abutment of the dam. Where trees have been removed, a permanent grass cover needs to be established. These conditions appear serious and justify further engineering study to determine appropriate remedial measures. In the event of a dam failure, human life and significant property would be endangered because of the downstream location of numerous houses. In order to ensure the safety of this dam, you are directed to retain the services of a registered professional engineer or an experienced engineering firm to make a study of the conditions outlined in this letter. Plans and specifications for repair based on the results of the study must be filed with the Division of Land Resources for approval pursuant to the North Carolina Administrative Code, Title 15A, Subchapter 2K - 2090 US Highway 70, Swannanoa, North Carolina, 28778-8211 Telephone 828-296-4500 Fax 828-299-7043 www.ennstate.nc.us One NorthCarolina An Equal Opportunity/ Affirmative Action Employer Natui-ally Notice of Deficiency Lipham Lake Dam July 19, 2010 Page 2 of 2 Dam Safety (15A NCAC 2K). Two copies of this study and plan shall be submitted to this office by August 16, 2010. • Please provide a response to the letter dated July 21, 2009 regarding plans submitted by John McCann, PE. An updated Emergency Action Plan (EAP) will be required for this dam if one is not already on file. If an existing EAP has not been updated in the past year, the downstream hazards shall be checked and all contact information should be verified. Two copies of the EAP shall be submitted to the Division of Land Resources, 1612 Mail Service Center, Raleigh, NC 27699-1612, Attn: State Dam Safety Engineer, and a copy shall be provided to the local emergency management office. • Please provide a response to the letter dated July 6, 2009 sent to John McCann, PE regarding the Emergency Action Plan. Please contact us at 828-296-4500 to advise us of your intended action in this matter. If we do not receive notification on or before August 16, 2010, we shall present the case information for appropriate enforcement action. Enforcement action could include a civil penalty of up to $500.00 per day of violation, and/or issuance -of a Dam Safety Order requiring the repair or removal of this dam, and/or injunctive relief to gain compliance. Sincerely, A S' 4 net S. Boyer, PE R gional Engineer cc: State Dam Safety Engineer R er:,Ed.wa�rds,—Surface-Water--Pr_otection_Region-ai_Supervis_-o_r� L ipharr, Lake Darn`'NOD Q- 19 10 oi: Aj® NCDENR North Carolina Department of Environment and Natural Resources Division of Land Resources Land Quality Section James D. Simons, PG, PE """'"'""�"' "`"`-���"�"`-•���'-"�• "' -Beverly Eaves Perdue, Governor Director and State Geologist Dee Freeman. Secretary September 22, 2009 Dr. B. Dan Marks, PE I One Palatka Drive Arden, North Carolina 28804 r �j SEP 2 5 2009 N/ATER QUALITY SECTION P,SHEVILLE P.EGIONAL OFFICE RE: Smoky Mountain Sanctuary Dam Haywood County r State Dam ID: HAYWO-025 71ettei Dear Dr. Marks: I.Cr1SW lon �?A review has been made of the plans, specifications and design data submitted under coveat Il June 1, 2009 and received in this office on July 22, 2009 for the repair of the referenced dam. Prior to issuance of an approval to repair, additional information or revision is requested for the following items: The use of plastic pipe as a low level conduit through high hazard dams is not generally permitted. Inasmuch as the pipe is already in place, appears to be in good condition, and will not be used as a primary spillway (PS), it can be permitted to remain in place as long as a properly designed seepage control device is installed. In accordance with 15A NCAC 2K.0206(c), seepage protection is also required for the existing corrugated metal pipe conduit that is to be grouted. It is recommended that seepage be controlled by use of filter diaphragms designed substantially in accordance with the criteria outlined by the Natural Resource Conservation Service National Engineering Handbook Part 628 "Dams" Chapter 45 "Filter Diaphragms". 2. Please specify the type of plastic from which the proposed siphon is to be constructed. If high density polyethylene (HDPE) pipe is to be used, it must meet requirements for AWWA PE 3408 HDPE pipe and fittings suitable for use as pressure conduit with nominal burst strength of 3.5 times working pressure. This type of pipe must transition to a non -plastic pipe in areas of exposure to sunlight. If you extend the final downstream segment of pipe as ductile iron pipe (DIP) to meet this requirement, you may wish to use ductile iron pipe size (DIPS) PE3408 HDPE pipe in order to match outside diameters between the HDPE pipe and the DIP. If polyvinyl choloride (PVC) pipe is to be used, it must be AWWA C-900 PVC. This type of pipe must transition to a non -plastic pipe in areas of exposure to sunlight. Note that C-900 PVC pipe is compatible with ductile iron fittings. 3. Provide a full profile view of the proposed siphon principal spillway/bottom drain system. Invert elevations must be provided for each bend as well as the intake and discharge points. Specify the type of valve to be used at the outlet end. 1612 Mail Service Center, Raleigh, North Carolina 27699-1612 • Telephone 919-733-4574 / FAX: 919-733-2876 512 North Salisbury Street, Raleigh, North Carolina, 27604 • Internet:http://www.dlr.enr.state.nc.us/pages/landqualitysection.html Dr. B. Dan Marks, PE September 22, 2009 Page 2 of 3 4. Sheet 5 of 8: Provide a separate construction detail for the valve/vent vault serving the proposed siphon. Specify the type of valve to be used at this location. Provide dimensions for the concrete base pad. Please provide design calculations showing the design of the proposed flush -mount trash guard at the siphon inlet will result in inlet velocities of less than 2 feet per second. Revise the trash guard design accordingly if this threshold is exceeded as velocities greater than 2 feet per second may result in reduced flow capacity due to debris being trapped against the trash guard. 6. Please provide additional detail drawings showing how the proposed siphon will interface with the proposed retaining wall. How will the opening be made water tight? What minimum distance should be maintained between the plastic pipe and the base of the wall? Revise detail on Sheet 5 of 8 to eliminate the conflict where the siphon appears to intersect the top front corner of the wall base. 7. Provide design calculations that show that the proposed riprap-lined emergency spillway (ES) outlet channel will sustain no more than minimal damage during the design storm. The design should be checked at multiple locations along its length due to varying geometry and. slope. Sheet 6 of 8: Because it is located below the normal pool elevation, a waterstop is required at the interface of the retaining wall and its foundation. 9. Sheet 6 of 8: Please provide additional details pertaining to the proposed "Miradrain" or "Enkadrain" system. Indicate the means of discharge for this system and the discharge location. 10. Sheet 6 of 8: There is a conflict on the drawings for the concrete section of the ES. With the given dimensions and 5% slope, the downstream spillway section crest elevation would be 1 foot lower than the upstream section crest elevation. However on the details elsewhere on that sheet, it is shown as only 'h foot lower. Please modify plans to correct this discrepancy and revise the spillway discharge calculations as needed to account for any design change. 11. Sheet 6 of 8: A waterstop is needed where the front lip of the ES sits atop the proposed retaining wall. Provide additional details and construction notes to describe how the retaining wall -to -ES interface will be constructed. 12. Sheet 7 of 8: Due to its inconsistent geometry, please provide additional ES outlet channel cross -sections as needed to represent the intended construction. 13. Sheet 8 of 8, Construction Sequence: • Please clarify what is meant in the first sentence in the Construction Sequence that states "While it is not the intent of Marks Enterprises to direct the work of the Contractor...". Please be aware that the Dam Safety Law requires the engineer of r Dr. B. Dan Marks, PE September 22, 2009 Page 3 of 3 record to supervise construction as needed to insure the work is completed in accordance with approved plans and specifications. Please specify the lowered pool elevation to be maintained for the duration of the project. • Provide a seeding schedule for the project. Note that sericea lespedeza and weeping lovegrass are not permissible for use on dam embankments. 14. Sheet 8 of 8, Earthwork: • A borrow source location for the soil fill to be used should be specified and the fill material tested prior to repair plan approval. Erosion and sedimentation control measures should be provided for the borrow area. • The compaction testing frequency must be specified for the placement of fill. 15. Sheet 8 of 8, Siphon System: • Please specify the means of anchoring the plastic pipe to concrete bedding and . provide detail drawings. • Describe the proposed thermal fusing process for plastic pipe joints and define the term "formed elbows". 16. Provide a more detailed pipe grouting procedure to include construction of any needed bulkheads, installation of air vents, and the means of grout injection (such as grout injection ports). How will the grout pressure be monitored and recorded during the grouting operation to insure it does not exceed the specified maximum injection pressure? 17. Please provide an acceptable construction detail for the proposed silt fence. It would greatly aid further application review if a response to each of the above comments were made in a cover letter submitted with two sets of the revised plans, specifications and design data. Please contact this office should you have any questions concerning the above items. Sincerely, William H. Denton, IV, EIT Assistant State Dam Safety Engineer Land Quality Section cc: Smoky Mountain Sanctuary HOA Ms. Janet Boyer, PE Filename: HAYWO-025 20090922_revreq_ Smoky Mtn. Sanctuary HOA NCDENR North Carolina Department of Environment and Natural Resources WATER Division of Land Resources 1 Beverly Eaves Perdue, Governor Dee Freeman, Secretary Land Quality Section James D. Simons, PG, PE Director and State Geologist July 23, 2009 Smoky Mountain Sanctuary Homeowners Association, Inc. 32 Pavilion Lane Waynesville, North Carolina 28786 RE: Smoky Mountain Sanctuary Property Owners Dam Haywood County State Dam ID: HAYWO-025 Dear Sir or Madam: J U L 2 7 2009 C�U/aL!TY SECTICi'J L r I i FlSHVII_I E F [ GIC,'J 1L C _FICE This is to acknowledge receipt of your application dated June 1, 2009 for the repair of the subject dam. The application was received in our office on July 22, 2009. Applications requiring an approval to repair a dam will be reviewed by this office in the order they are n received, except that existing high hazard potential dams with knowsafety problems will be prioritized. We endeavor to respond to applications within 60 days of receipt of the application. Please contact Ms. Janet Boyer, Regional Engineer, Land Quality Section, 2090 U.S. Highway 70, Swannanoa, North Carolina 28778, telephone number (828) 296-4500, or me at telephone number (919) 733-4574 should you have any questions concerning this matter. Sincerely, /J Steven M. McEvoy, P State Dam Safety En r Land Quality Section SMM/JCR cc: Dr. B. Dan Marks, PE, Design Engineer — Marks Enterprises of NC, PLLC Ms. Janet Boyer, PE, Land Quality Regional Engineer Surface Water Protection Supervisor File Name: HAYWO-025 20090723 RECT — Smoky Mountain Sanctuary Property Owners Dam - repair 1612 Mail Service Center, Raleigh, North Carolina 27699-1612 • Telephone 919-733-4574 / FAX: 919-733-2876 512 North Salisbury Street, Raleigh, North Carolina, 27604 • Internet:http://www.dIr.enr.state.nc.us/pages/Iandqualitysection.htmI NCDENR North Carolina Department of Environment and Natural Resources Division of Land Resources Land Quality Section James D. Simons, PG, PE Director and State Geologist May 5, 2009 Mr. and Mrs. Michael Crawford 50 Valley View Drive Canton, North Carolina 28716 RE: Lipham Dam Haywood County State Dam ID: HAYWO-018 Dear Mr. and Mrs. Crawford: Beverly Eaves Perdue, Governor :. Deefredman, Secretary 'E c rp- J v E D ? MAY 1 3 2009 10 WATER QUALITY SECTION ASHEVILI_E REGIONAL OFFICE This is to acknowledge receipt of your application dated April 25, 2009 for the repair of the subject dam. Your application was accompanied by an Emergency Action Plan (EAP) dated April 29, 2009. The application and EAP were received in our office on April 30, 2009. Applications requiring an approval to repair a dam will be reviewed by this office in the order they are received, except that existing high hazard potential dams with known safety problems will be prioritized. We endeavor to respond to applications within 60 days of receipt of the application. Please contact Ms. Janet Boyer, Regional Engineer, Land Quality Section, 2090 U.S. Highway 70, Swannanoa, North Carolina 28778, telephone number (828) 296-4500, or me at telephone number (919) 733-4574 should you have any questions concerning this matter. Sincerely, Steven M. McEvo P State Dam Safety En eer Land Quality Section SMM/JCR 1612 Mail Service Center, Raleigh, North Carolina 27699-1612 • Telephone 919-733-4574 / FAX: 919-733-2876 512 North Salisbury Street, Raleigh, North Carolina, 27604 • Internet:http://www.dir.enr.state.nc.us/pages/landlualitysection.htmi Mr. and Mrs. Crawford May 5, 2009 Page 2 of 2 cc: Mr. John M. McCann, PE, Design Engineer Ms. Tami V. Idol, EI, Assistant State Dam Engineer Ms. Janet Boyer, PE Land Quality Regional Engineer Sv'rface aver ��o�..�ct�c+n ��u���`'ias�rr A�,�� NCDENR North Carolina Department of Environment and Natural Resources Division of Land Resources Land Quality Section James D. Simons, PG, PE Director and State Geologist March 24, 2009 Mr. Justus Ammons 822 Crooked Creek Road Mars Hill, North Carolina 28754 RE: Traditions Subdivision Phase III Dam Madison County State Dam ID: MADIS- Dear Mr. Ammons: Beverly -Eaves Perdue, -Governor Dee Freeman, Secretary pDMAR 2 6 2009 1 WATER QUALITY SECT N ?HEVILLE REGIONAL OFFir This is to acknowledge receipt of your application dated March 17, 2009 for jurisdictional and hazard classification determination of the subject dam. The application was received in our office on March 19, 2009. A copy was previously sent to our Asheville Regional Office. Applications requiring jurisdictional and hazard classification determination will be reviewed by this office in the order they are received. We endeavor to respond to applications within 60 days of receipt of the application. Please contact Ms. Janet Boyer, Regional Engineer, Land Quality Section, 2090 U.S. Highway 70, Swannanoa, North Carolina 28778, telephone number (828) 296-4500, or me at telephone number (919) 733-4574 should you have any questions concerning this matter. Sincerely, Steven M. McEvoy, E State Dam Safety En er Land Quality Section . SMM/JCR 1612 Mail Service Center, Raleigh, North Carolina 27699-1612 • Telephone 919-733-4574 / FAX: 919-733-2876 512 North Salisbury Street, Raleigh, North Carolina, 27604 • Internet:http://www.dlr.enr.state.nc.us/pages/landqualitysection.htmi An Equal Opportunity / Affirmative Action Employer — 50% Recycled / 10% Post Consumer Paper Mr. Justus Ammons March 24, 2009 Page 2 of 2 cc: Mr. James Marvin Mercer, PE, Design Engineer — Mercer Design Group, Inc. Ms. Janet Boyer, PE, Land Quality Regional Engineer File Name: MADIS- 20090324 RECT—Traditions Subdivision Phase 3—Juris.+ Haz. AN, �� NCDENR North Carolina Department of Environment and Natural Resources Division of Land Resources Land Quality Section James D. Simons, P.G., P.E. Director and State Geologist May 30, 2006 Michael F. Easley, Governor William G. Ross Jr., Secretary Mr. Mark ShumpertPE r, 'rty; }'�rff r ,t "f . Bradshaw Engineering i y � M14 �� r - Post Office Box 1011 n I F 1 �t;>J i Waynesville, North Carolina 28786 ufn•w-- _ ._{',' RE: Barrett Dam State I.D. HAYWO-017 Dear Mr. Shumpert: This is to acknowledge receipt of your application dated May 24, 2006 for the breaching of the subject dam. The application was received in our office on May 30, 2006, along with the minimum application processing fee of $200.00 (Check No. 1250). Please send a copy of the hydrologic and hydraulic calculations used to design the thirty -inch corrugated metal culvert that will be installed to effectively breach the dam. Applications requiring an approval to breach a dam will be reviewed by this office in the order they are received except that existing high hazard potential dams with known safety issues will be given priority. We endeavor to respond to applications within 60 days of receipt of the application. Please contact Ms. Janet Boyer, Regional Engineer at telephone number (828) 296-4500 or a member of the Dam Safety Program staff at telephone number (919) 733-4574 should you have any questions concerning this matter. Sincerely, /I r ,Lffi Maxwell R. Fowler, PE State Dam Safety Engineer JUN — 1 2006 _ -___I 101 WATER QUALITY SECTION ASHEVILLE REGIONAL OFFICE cc: Mr. Richard Barrett --- -- - ---- - Mr.Rogei Edwards Surface Water Protection Regional Superviso l Ms. Janet Boyer, Regional Engineer 1612 Mail Service Center, Raleigh, North Carolina 27699-1612 512 North Salisbury Street, Raleigh, North Carolina 27604 919-733-4574 \ FAX: 919-733-2876\ Internet: www.dlr.enr. state.nc.us/dlr.htm An Equal Opportunity 1 Affirmative Action Employer— 50% Recycled \ 10% Post Consumer Paper Ai NCDENR North Carolina Department of Environment and Natural Resources Division of Land Resources Land Quality Section James D. Simons, P.G., P.E. Michael F. Easley, Governor Director and State Geologist William G. Ross Jr., Secretary July 14, 2006 Mr. Richard Barrett !' 1104 Oxner Cove Road i- Waynesville, North Carolina 28786 RE: Barrett Pond Dam Haywood County _ HAYWO-017 Dear Mr. Barrett: r— ��� ; J U L 1 3 2006 l� WATER QUALITY SECT]01,! ASHEVILLE FEGIONAL OFF ICF A review has been made of the plans, specifications and design data submitted under cover letter dated May 23 and June 2, 2006 and received on May 30 and June 2, 2006 respectively for the modification of the referenced dam. Prior to issuance of an approval to modify, additional information or revision is requested for the following items: Provide the necessary specifications for the proposed earthwork activities. These should include but may not be limited to: site preparation, fill and backfill materials, fill placement and compaction requirements, and quality control testing. A detail showing a cross-section of the pipe installation area with 2H:1V or flatter side slopes is required. A detail showing the typical placement of fill on the upstream slope is recommended. 2. Provide a procedure and material specification for the proposed grouting of the existing 3-inch outfall pipe. 3. Sheet 1, General Note 12: Please elaborate regarding the recommended geotechnical study. Are there existing conditions that are cause for concern? 4. Sheet 1, General Note 13: Project construction must be supervised by -a professional engineer licensed in the state of North Carolina and qualified to supervise the proposed work (NCGS § 143-215.29). The completed work must also be certified by a qualified licensed professional engineer (NCGS § 143-215.30). 5. Please remove sericea lespedeza from the pennanent seeding mix outlined on Sheet 2. This species is difficult to maintain, provides cover for burrowing animals, and inhibits thorough visual inspection of the dam. Therefore, it is generally undesirable for use on dam embankments. 1612 Mail Service Center, Raleigh, North Carolina 27699-1612 •919-733-4574 / FAX: 919-733-2876 512 North Salisbury Street, Raleigh, North Carolina, 27604 An Equal Opportunity \ Affirmative Action Employer — 50% Recycled \ 10% Post Consumer Paper Mr. Richard Barrett July 14, 2006 Page 2 of 2 6. Sheet 2, Rip Rap Inlet Filter: The North Carolina Erosion and Sediment Control Planning and Design Manual recommends a minimum thickness of 12 inches for #57 stone placed on the face of a rock dam or ring filter. Please revise the design accordingly. It would greatly aid further application review if a response to each of the above comments were made in a cover letter submitted with two sets of the revised plans, specifications and design data. Please contact this office should you have any questions concerning the above items. Sincerely, �"z -0-- William H. Denton, IV, EIT Assistant State Dam Safety Engineer cc: Mr. Martin Shumpert, PE Ms. Lynne Newton, NRCS District Conservationist p1VIr: Roger Edwa%ds;_Reg - al_Supery s_or; Ms. Janet Boyer, PE NC®ENR North Carolina Department of Environment and Natural Resources Division of Land Resources Land Quality Section James D. Simons, P.G., P.E. Director and State. Geologist August 10, 2006 Mr. Mark Shumpert, PE Bradshaw Engineering Post Office Box 1011 Waynesville, North Carolina 28786 RE: 'Barrett Dam Haywood County State I.D.: HAYWO-017 Dear Mr. Shumpert: Michael F. Easley, Govemor William G. Ross Jr., Secretary This is to acknowledge receipt of your revised application dated August 1, 2006 for the breaching of the subject dam. The revised application was received in our office on August 4, 2006. The minimum application processing fee of $200.00 (Check No. 1250) was received with your previous application submittal on May 30, 2006. Applications requiring an approval to breach a dam will be reviewed by this office in the order they are received except that existing high hazard potential dams with known safety issues will be given priority. We endeavor to respond to applications within 60 days of receipt of the application. Please contact Ms. Janet Boyer, Regional -Engineer at telephone number (828) 296-4500; or a member of the Central Office Dam Safety Program staff at telephone number (919) 733-4574 should you have questions concerning this matter. Sincerely, William H. Denton, IV, EIT Assistant State Dam Safety Engineer Land Quality Section cc: Mr. Richard Barrett Roger. Edwards,=Water,°Quality_R giorial.-Supervrsor Ms. Janet Boyer, Regional Engineer AUG 1 6 2006 WATER C!Jp 1_ 1612 Mail Service Center, Raleigh, North Carolina 27699-1612 512 North Salisbury Street, Raleigh, North Carolina 27604 919-733-45741 FAX: 919-733-28761 Internet: www.dlr,enr. state.nc.us/dlr.htm An Equal Opportunity 1 Affirmative Action Employer— 50% Recycled 110% Post Consumer Paoer 14 �!� 1 NCDENR North Carolina Department of Environment and Natural Resources Division of Land Resources James D. Simons, P.G., P.E. Director and State Geologist Certificate of Approval October 17, 2006 CERTIFIED MAIL RETURN RECEIPT Mr. Richard Barrett 1104 Oxner Cove Road Waynesville, North Carolina 28786 RE: Approval to Modify Barrett Dam Haywood County State I.D: HAYWO-017 Dear Mr. Barrett: Michael F. Easley, Governor William G. Ross Jr., Secretary pp+OCT 2 4 2006 I WATER C U,a,LITI' SE c- This is in response to your submission dated August 1, 2006 and received on August 4, 2006 of plans, specifications and design data for the modification of the subject dam in compliance with the Dam Safety Law of 1967. These plans, specifications and design data were prepared under the supervision of Mr. Martin Shumpert, PE. This letter constitutes approval of the proposal to modify the subject dam according to the plans and specifications received by this Division on August 4, 2006 with the following stipulations: Mr. Martin Shumpert, PE shall provide engineering supervision. 2. During modification activities, the Division of Land Resources may require such progress reports as are deemed necessary. Upon completion of the project, Mr. Martin Shumpert, PE shall inspect the completed work and upon finding that the work has been done as specified and the resulting structure is safe, shall file with the Division of Land Resources two sets of record drawings and a certificate stating that the work has been completed in accordance with approved plans, specifications and other requirements. 4. You must notify Ms. Janet Boyer, PE, Regional Engineer, Land Quality Section, 2090 US Highway 70, Swannanoa, North Carolina 28778, (828) 296-4500 ten days before the start of the modification activities. Geological Survey • Land Quality • Geodetic Survey Division of Land Resources • 1612 Mail Service Center, Raleigh, North Carolina 27699-1612 512 North Salisbury Street, Raleigh, North Carolina 27604 919-733-38331 FAX:.919-715-8801 1 Internet: www.dlr.enr. state.nc.us/dlr.htm An P—.1 0--f—if"I Affi—fivn Arfinn Fmninvor_ C;00 Pn—plor111f1o/ Pncf r.nn—mcr Pinar Mr. Richard Barrett October 17, 2006 Page 2 of 2 Installation of the proposed 36-inch CMP culvert as shown on the approved plans will be an acceptable means of rendering the dam incapable of impounding water, but does not constitute a full breach of the dam. A full breach would require an adequately sized, stable channel through the embankment. However, the Division of Land Resources will consider the embankment low hazard potential and exempt from the Dam Safety Law. The Notice of Deficiency dated May 14, 2004 will be satisfied. To maintain the embankment's exempt status, the owner must take all necessary steps to insure that the proposed culvert does not become obstructed and that the embankment is otherwise incapable of impounding water. No riser or other structure to cause the embankment to retain water shall be installed. The Army Corps of Engineers and the Water Quality Section of this Department should be contacted to determine if additional permits are required. Also, the erosion and sediment control program having jurisdiction should be contacted to determine permit requirements. In any case, sediment must be prevented from entering the waters of the state or flowing onto neighboring property. The approved modifications must begin within one year of the date of this document or this approval is void. For assistance you may contact the Asheville Regional Office at (828) 296- 4500 or a staff member of the Dam Safety Program in the Raleigh Central Office at telephone number (919) 733-4574. S' rely, James D. Simons, PG, PE Director and State Geologist cc: Mr. Martin Shumpert, PE. Ms. Kara Cassels, USDA NRCS Ms. Janet Boyer, PE, Land Quality Regional Engineer Mroger_Edwards;_Surface. Water ProtectionRegional_Supervisor L ArT4 Va NCDENR North Carolina Department of Environment and Natural Resources Division of Land Resources Land Quality Section Michael F. Easley, Governor James D. Simons, PG, PE William G. Ross, Jr., Secretary Janet S. Boyer, PE, Regional Engineer January 30, 2007 NOTICE OF DEFICIENCY CERTIFIED MAIL-7006 2150 0005 2459 3041 CERTIFIED MAIL-7006 2150 0005 2459 3058 CERTIFIED MAIL-7006 2150 0005 2459 3065 RETURN RECEIPT REQUESTED Mr. Richard Barrett Ms. Nancy Barrett 1275 Bayberry Court Crozet, Virginia 22932 Mr. Richard Barrett Ms. Nancy Barrett 1104 Oxner Cove Road Waynesville, North Carolina 28786 Grassmere LLC 355 Grassmere Lane Waynesville, North Carolina 28786 D r�_ u7 JA N 3 0 2007 WATER QUALITY SECTION ASHEVIL_LEE HE�'!�IjO A� FFICE r V— RE: Barrett Pond Dam [HAYWO-017] - Haywood County Dear Mr:/Ms. Barrett and Grassmere LLC: The Dam Safety Law of 1967 provides for the certification and inspection of dams in the interest of public health, safety, and welfare, in order to reduce the risk of failure of dams, to prevent injuries to persons, damage to downstream property, and to ensure the maintenance of stream flows. A visual inspection of the referenced dam was conducted on December 14., 2006, by staff of the 2090 US Highway 70, Swannanoa, North Carolina, 28778-8211 Telephone. 828-296-4500 Fax 828-299-7043 www.enr.state.nc.us One NorthCarolina An Equal Opportunity I Affirmative Action Employer Aww rally Notice of Deficiency Barrett Pond Dam (17) January 30, 2007 Page 2 of 3 Land Quality Section Asheville Regional Office. During this inspection, the following conditions were noted: The modifications to the dam, which were approved on October 17, 2006, have not been undertaken. The water level in the pond remains at full pool which is just inches below the top of the dam. The 30-inch corrugated metal pipe (CMP), which acts as the emergency spillway for the pond, continues to erode at its outlet end and the soil, which surrounds the pipe, continues to erode. In addition, the large trees located on the downstream slope and toe of the dam could be uprooted by wind or ice accumulation and damage the dam. Therefore, it is imperative that the approved breach be undertaken as soon as possible. Trees and bushes are growing on the dam. This type of growth can cause problems and even failure of the dam by creating holes when trees are uprooted due to wind or ice; by leaving possible seepage holes when trees die and their roots decay; and by causing erosion of the dam around this growth if the dam should overtop. Therefore, we recommend that this type of growth be removed and a good stand of grass cover be established on the dam. Any growth less -than six inches in diameter must be cut and removed. Any growth over six inches in diameter must also have the root system excavated and the excavated area be refilled and compacted with a suitable soil material under the supervision of an engineer. The riser pipe appears to be clogged. This condition will cause erosion in the emergency spillway due to the constant flow of water. We recommend you unclog the riser pipe. The continued erosion around the 30-inch CMP indicates that storm runoff is running over and around the CMP in addition to flowing through the CMP. This condition will continue to worsen and could result in sudden failure of the embankment in the vicinity of the CMP. In addition, the large trees located on the dam coupled with the narrow top width and steep downstream slope of the dam make a serious condition. Wind or ice could cause the uprooting of one or more of these trees and result in sudden failure of the embankment. Sudden failure of the embankment would likely result in a wall of water flowing downstream which could damage the state road and/or the houses located in its path. Anyone driving on the road during this event could be endangered. These conditions appear serious and justify further engineering study to determine appropriate remedial measures. In the event of a dam failure, human life and significant property would be endangered because of the downstream location of two houses and a state road. In order to alleviate this dam safety hazard, you are directed to carry out the breach plan approved on October 17, 2006 An updated emergency action plan (EAP) will be required for this dam if one is not already on file. If an existing EAP has not been updated in the past year, the downstream hazards shall be checked and all contact information should be verified. Two copies of the EAP shall be Notice of Deficiency Barrett Pond Dam (17) January 30, 2007 Page 3 of 3 submitted to the Division of Land Resources, and a copy shall be provided to the local emergency management office. Please contact us at 828-296-4500 to advise us of your intended action in this matter. If we do not receive notification on or before March 30, 2007, we shall present the case information for appropriate enforcement action. Enforcement action could include a civil penalty of up to $500.00 per day of violation, and/or issuance of a Dam Safety Order requiring the repair or removal of this dam, and/or injunctive relief to gain compliance. cc: Sincerely, Janet S. Boyer, PE Regional Engineer axwell Fowler, PE, State Dam Safety Engineer G:\LQ\Haywood\Dams\017 Barrett Pond\ARO Notice Of Deficciency 01302007.doc NCDENR North Carolina Department of Environment and Natura Division of Land Resources Land Quality Section James D. Simons, P.G., P.E. Director and State Geologist Certificate of Approval January 29, 2007 CERTIFIED MAIL RETURN RECEIPT Mr. Anthony E. Waddell Phoenix Ski Corporation 1080 Ski Lodge Road Maggie Valley, North Carolina 28715 RE: Approval to Modify Cataloochee Ski Area Pump Pond Dam State Dam I.D. HAYWO-012 Dear Mr. Waddell: Resources Michael F. Easley, Governor William G. Ross Jr., Secretary ID E I FFEB- 1 2007 I WATER QUALITY SECTION ASHEVILLE REGIONAL OFFICE This is in response to your submission received on June 12, 2006 of plans, specifications and design data for the modification of the subject dam in Haywood County on a tributary to Hemphill Creek in compliance with the Dam Safety Law of 1967. These plans, specifications and design data were prepared under the supervision of Mr. J.C. Bumgarner, PE. This letter constitutes approval of the proposal to modify the subject dam according to the plans received by this Division on June 12, 2006 with the following stipulations: 1. Project construction shall be supervised by Mr. J.C. Bumgarner, PE. 2 During construction, the Division of Land Resources may require such progress.repprts as are deemed necessary. 3. Upon completion of the project, Mr. J.C. Bumgarner, PE shall inspect the completed work and upon finding that the work has been done as specified and the dam is safe, shall file with the Division of Land Resources two sets of record drawings and a certificate stating that the work has been completed in accordance with approved plans, specifications, and other requirements. 1612 Mail Service Center, Raleigh, North Carolina 27699-1612 •919-733-4574 / FAX: 919-733-2876 512 North Salisbury Street, Raleigh, North Carolina, 27604 An Equal Opportunity 1 Affirmative Action Employer — 50% Recycled 110% Post Consumer Paper Cataloochee Ski Area Pump Pond Dam January 29, 2007 Page 2 of 2 4. No water shall be impounded behind the dam until final approval is issued by the Division of Land Resources for operation of this dam. Also, draining of the lake shall be performed in such a manner as to preclude off -site sedimentation. 5. Enclosed are a copy of an Owner's Certification Form and an explanation of the final processing fee calculation. A fee will be required when the engineer's certification is submitted if the construction cost exceeds $10,00.1.00. In any event, the cost certification must be completed and returned with the engineer's certification before an approval to impound can be processed. 6. You must notify Ms.. Janet Boyer, PE, Regional Engineer, Land Quality Section, 2090 US Highway 70, Swannanoa, North Carolina 28778, telephone number (828) 296-4500 ten days before the start of construction. The Army Corps of Engineers and the Water Quality Section of this Department should be contacted to determine if additional permits are required. Also, the erosion and sediment control program having jurisdiction should be contacted to determine permit requirements. In any case, sediment must be prevented from entering the waters of the state or flowing onto neighboring property. The Dam Safety Law of 1967 requires that constriction begin within one year of the date of this approval or the approval is void. For assistance you may contact the Asheville Regional Office at (828) 296-4500 or a staff member of the Dam Safety Program in the Raleigh Central Office at telephone number (919) 733-4574. N ames D. Simons, PG, PE Director and State Geologist cc: Mr. J.C. Bumgarner, PE �r, ��ca�'��� �'d�axds�urfa�e►ater�lyatectir��R�gioiaL�S�upe�vsory Ms. Janet Boyer, PE, Land Quality Regional Engineer North Carolina Michael F. Easley, Governor James b. Simons, PG, PE A � NC®ENR Department of Environment and Division of Land Resources Land Quality Section February 8, 2007 NOTICE OF DEFICIENCY 4 CERTIFIED MAIL-7006 2150 0005 2459 3249 CERTIFIED MAIL-7006 2150 0005 2459 3256 RETURN RECEIPT REQUESTED Mr. Todd Watson, Registered Agent Grassmere, LLC 7785 Baymeadows Way, Suite 107 Jacksonville, Florida 32256 Grassmere LLC 250 West Church Avenue Longwood, Florida 32750 RE: Barrett Pond Dam [HAYWO-0171 - Haywood County Dear Mr. Watson and Grassmere LLC: Natural Resources William G. Ross, Jr., Secretary Janet S. Boyer, PE, Regional Engineer 1 � F E B - 9 2007 WATER Qill'.1_I1-Y S-'E-Cl-iON s^yNi�� +.•. Aa�r�:444�t�tun*.r it.:,n.i. uhti.:3.14f. . - ::.5... The Dam Safety Law of 1967 provides for the certification and inspection of dams in the interest of public health, safety, and welfare, in order to reduce the risk of failure of dams, to prevent injuries to persons, damage to downstream property, and to ensure the maintenance of stream flows. A visual inspection of the referenced dam was conducted on December 14, 2006, by staff of the Land Quality Section Asheville Regional Office. During this inspection, the following conditions were noted: The modifications to the dam, which were approved on October 17, 2006, have not been undertaken. The water level in the pond remains at full pool which is just inches below the top of the dam. The 30-inch corrugated metal pipe (CMP), which acts as the emergency spillway for the pond, continues to erode at its outlet end and the soil, which surrounds the pipe, continues to erode. In addition, the large trees located on the downstream slope and toe of the dam could be uprooted by wind or ice accumulation and damage the dam. Therefore, it is imperative that the approved breach be undertaken as soon as possible. Trees and bushes are growing on the dam. This type of growth can cause problems and even failure of the dam by creating holes when trees are uprooted due to wind or ice; by leaving 2090 US Highway 70, Swannanoa, North Carolina, 28778-8211 Telephone 828-296-4500 Fax 828-299-7043 One www.enr.state.nc.us NorthCarolina An Equal Opportunity I Affirmative Action Employer Naturally Notice of Deficiency Barrett Pond Dam (17) January 30, 2007 Page 2 of 2 possible seepage holes when trees die and their roots decay; and by causing erosion of the dam around this growth if the dam should overtop. Therefore, we.recommend that this type of growth be removed and a good stand of grass cover be established on the dam. Any growth less than six inches in diameter must be cut and removed. Any growth over six inches in diameter must also have the root system excavated and the excavated area be refilled and compacted with a suitable soil material under the supervision of an engineer. The riser pipe appears to be clogged. This condition will cause erosion in the emergency spillway due to the constant flow of water. We recommend you unclog the riser pipe. The continued erosion around the 30-inch CMP indicates that storm runoff is running over and around the CMP in addition to flowing through.the CMP. This condition will continue to worsen and could result in sudden failure of the embankment in the vicinity of the CMP. In addition, the large trees located on the dam coupled with the narrow top width and steep downstream slope of the dam make a serious condition. Wind or ice could cause the uprooting of one or more of these trees and result in sudden failure of the embankment. Sudden failure of the embankment would likely result in a wall of water flowing downstream which could damage the state road and/or the houses located in its path. Anyone driving on the road during this event could be endangered. These conditions appear serious and justify further engineering study to determine appropriate remedial measures. In the event of a dam failure, human life and significant property would be endangered because of the downstream location of two houses and a state road. In order to alleviate this dam safety hazard, you are directed to carry out the breach plan approved on October 17, 2006 An updated emergency action plan (EAP) will be required for this dam if one is not already on file. If an existing EAP has not been updated in the past year, the downstream hazards shall be checked and all contact information should be verified. Two copies of the EAP shall be submitted to the Division of Land Resources, and a copy shall be provided to the local emergency management office. Please contact us at 828-296-4500 to advise us of your intended action in this matter. If we do not receive notification on or before March 30, 2007, we shall present the case information for appropriate enforcement action. Enforcement action could include a civil penalty of up to $500.00 per day of violation, and/or issuance of a Dam Safety Order requiring the repair or removal of this dam, and/or injunctive relief to gain compliance. Sincerely, 4 51 J net S. Boyer, PE R gional Engineer cc: -Roger Edwards, Surface Water Protection Regional Supervisor Maxwell Fowler, PE, State Dam Safety Engineer G:\LQ\Haywood\Dams\017 Barrett Pond\ARO Notice Of Deficciency 01302007.doc A74 i'a NCDENR North Carolina Department of Environment and Natural Resources Division of Land Resources Land Quality Section James D. Simons, P.G., P.E. Director and State Geologist February 21, 2007 Broyhill Baptist Children's Home 111 Snead Drive Clyde, North Carolina 28721 Michael F. Easley, Governor. William G Ross Jr ,Secretary Certificate of Approval RE: Approval to Impound Broyhill Baptist Children's Home Dam State I.D.: HAYWO-008 To Whom It May Concern: E 8 2007 ITY SECTIONIOfI AL OFFICE The subject dam has been repaired pursuant to issuance of an Approval to Repair on June 2, 2006 as required by the.Dam Safety. Law of 1967. The Emergency Action Plan was received on June 8; 2008. Record drawings and the engineer's certification were received on January 16, 2007 from Mr. W. Hubert Hawkins, PE, PLS. Land Quality Section staff of the Asheville Regional Office made an inspection of this dam on January 23, 2007. The dam was found to be in general conformance with the approved plans and specifications, and you may impound water. The Land Quality Section staff will make periodic inspections of this dam to assure that it is being maintained in good operating condition. However, these inspections will be relatively. infrequent. It is advised that you closely inspect and monitor your dam, and that you notify your engineer and the Division of Land Resources if you see or suspect any problems. Sincerely, Maxwell R. Fowler, PE State Dam Safety Engineer cc: Mr. W. Hubert Hawkins, PE, PLS Ms. Janet Boyer, PE, Land Quality Regional Engineer 1612 Mail Service Center, Raleigh, North Carolina 27699-1612 •919-733-4574 / FAX: 919-733-2876 512 North Salisbury Street, Raleigh, North Carolina, 27604 An Equal Opportunity 1 Affirmative Action Employer — 50% Recycled 110% Post Consumer Paper NCDENR North Carolina Department of Environment and Natural Resources Division of Land Resources James D. Simons, PG, PE Director and State Geologist March 4, 2008 Grassmere LLC c/o Mr. Andrew Donkin EOI Apparel 250 West Church Avenue Longwood, Florida 32750 RE: Approval to Repair Barrett Dam Haywood County HAYWO-017 Dear Mr. Donkin: Michael F. Easley, Governor William G. Ross, Jr., Secretary �! I MAR 1 1 2008 'J WATER QUALITY SECTION This is in response to your submission dated October 2, 2007 and received on October 5, 2.007 of plans, specifications and design data for the repair of the subject dam in compliance with the Dam Safety Law of 1967. These plans, specifications and design data were prepared under the supervision of Mr. J.C. Bumgamer, PE. This letter constitutes approval of the proposal to .repair the subject dam according to the plans and specifications received by this Division on October 5, 2007 with the following stipulations: Mr. J.C. Bumgamer, PE shall provide engineering supervision. 2. During construction, the Division of Land Resources may require such progress reports as are deemed necessary. 3. Upon completion of the project, Mr. J.C. Bumgarner, PE shall inspect the completed work and upon finding that the work has been done as specified and the dam is safe, shall file with the Division of Land Resources two sets of record drawings and a certificate stating that the work has been completed in accordance with approved plans, specifications and other requirements. 4. No water shall be impounded behind the dam until final approval is issued by the Division of Land Resources for operation of this dam. Also, draining of the lake shall be performed in such a manner as to preclude off -site sedimentation. } Geological Survey • Land Quality • Geodetic Survey MAR 10 2008 Division of Land Resources - 1612 Mail Service Center, Raleigh, North Carolina 27699-1612 . 512 North Salisbury Street, Raleigh, North Carolina 27604 &QWQUQ*SeC 919-733-38331 FAX: 919-715-8801 1 Internet: www.dlr.enr. state.nc,us/dlr.htm Aftft An Equal Opportunity 1 Affirmative Action Employer— 50% Recycled 110% Post Consumer Paper •. Grassmere LLC March 4, 2008 Page 2 of 2 5. An emergency action plan (EAP) and an operation and maintenance (O&M) plan are required for all high hazard dams. The O&M plan should address routine maintenance, frequency of inspections by the owner or the owner's representative, and an explanation of the siphon principal spillway system including its maintenance requirements (e.g. annual operation of valves to insure they are functional) and dual function as a bottom. drain for the impoundment. It is strongly recommended that the EAP be submitted prior to commencing repairs to deal with safety issues that may arise during construction. Nevertheless, both the EAP and O&M plan must be received prior to issuance of an approval to impound. 6. You must notify Ms. Janet Boyer, Regional Engineer, Land Quality Section, 2090 US Highway 70, Swannanoa, North Carolina 28778, (828) 296-4500 ten days before the start of construction. The Army Corps of Engineers and the Water Quality Section of.this Department should be contacted to determine if additional permits are required. Also, the erosion and sediment control program having jurisdiction should be contacted to determine permit requirements. In any case; sediment must be prevented from entering the waters of the state or flowing onto neighboring property. Construction of the repairs must begin within one year of the date of this document or this approval is void. For assistance you may contact the Asheville Regional Office at (828) 296- 4500 or a staff member of the Dam Safety Program in the Raleigh Central Office at telephone number (919) 733-4574. Sincerely, �es D. Simons, PG, PE Director and State Geologist cc: Mr. J.C. Bumgarner, PE Ms. Janet Boyer, PE, Land Quality Regional Engineer NCDENR North Carolina Department of Environment and Natural Resources Division of Land Resources Land Quality Section Michael F. Easley, Governor William G. Ross, Jr., Secretary James D. Simons, PG, PE, Director and State Geologist Janet S. Boyer, PE, Regional Engineer April 24, 2008, .::.:_:,..� ..-_4.....:...._ NOTICE OF DEFICIENCY ti CERTIFIED MAIL-7005 1820 0002 9207 1068 RETURN RECEIPT REQUESTED Mr. Neal Edward Lipham 355 Johnson Drive Canton, NC 28716 RE: Lipham Lake Dam (018). — Haywood County Dear Mr. Lipham: D� MAY - 2 2008 f WATER QUALITY SECTION ASHEVILI_E REGIONAL OFFICE The Dam Safety Law of 1967 provides for the certification and inspection of dams in the interest of public health, safety, and welfare, in order to reduce the risk of failure of dams, to prevent injuries to persons, damage to downstream property, and to ensure the maintenance of stream flows. A visual inspection of the referenced dam was conducted on April 11, 2008, by staff of the Land Quality Section Asheville Regional Office. During this inspection, the following conditions were noted: 1. A sinkhole has developed above the outlet of the 18-inch CMP emergency spillway. 2. Trees and bushes are growing on the backside of the dam. These conditions appear serious and justify further engineering study to determine appropriate remedial measures. In the event of a dam failure, human life and significant property would be endangered because of the downstream location of numerous houses. The sinkhole that has developed above the emergency spillway outlet indicates there is a problem with the pipe joints or, there is a problem with the sewer line that is in the dam. Tree growth on the backslope of the dam can cause problems and even failure of the dam by 2090 US Highway 70, Swannanoa, North Carolina, 28778-8211 Telephone 828-296-4500 Fax 828-299-7043 www.enr.state.nc.us One NorthCarolina An Equal Opportunity / Affirmative Action Employer Natural l y Notice of Deficiency Lipham Dam, HAYWO-018 April 24, 2008 Page 2 of 2 creating holes when trees are uprooted due to wind or ice; by leaving possible seepage holes when trees die and their roots decay: and by causing erosion of the dam around this growth if the dam should overtop. In order to ensure the safety of this dam, you are directed to retain the services of a registered professional engineer or an experienced engineering firm to make a study of the conditions outlined in this letter. Plans and specifications for repair based on the results of the study must be filed with the Division of Land Resources for approval pursuant to the North Carolina Administrative Code, Title 15A, Subchapter 2K - Dam Safety (15A NCAC 2K). Two copies of this study and plan shall be submitted to this office by June 30, 2008. In addition to the above, the following remedial actions, not requiring design or approval, should be completed by June 1, 2008. These items include the following: 1. Remove small trees and bushes that are 6 inches in diameter and less and establish a permanent grass ground cover. An updated Emergency Action Plan (EAP) will be required for this dam if one is not already on file. If an existing EAP has not been updated in the past year, the downstream hazards shall be checked and all contact information should be verified. Two copies of the EAP shall be submitted to the Division of Land Resources, 1612 Mail Service Center, Raleigh, NC 27699-1612, Attn: State Dam Safety Engineer, and a copy shall be provided to the local emergency management office. Please contact us at 828-296-4500 to advise us of your intended action in this matter. If we do not receive notification on or before June 30, 2008, we shall present the case for appropriate enforcement action. Enforcement action could include a civil penalty of up to $500.00 per day of violation, and/or issuance of a Dam Safety Order requiring the repair or removal of this dam, and/or injunctive relief to gain compliance. Sincerely, J net S. Boyer, PE egional Engineer cc: State Dam Safety Engineer Roger Edwards, Surface Water Protection Regional Supervisor G:\LQ\Haywood\Dams\018 Lipham Lake Dam\NOD 04-24-08.doc .V� NCDENR North Carolina Department of Environment and Natural Resources Division of Land Resources Land Quality Section James D. Simons, PG, PE Director and State Geologist May 28, 2008 Mr. Gregory J. Balk, PE Herron Associates 1185 Rush Avenue Waynesville, North Carolina 28786 RE: Harvey Dam - Haywood County HAYWO-024 Michael F. Easley, Governor William G. Ross Jr., Secretary i JUN-2"2008 I WATER QUALITY SECTION Dear Mr. Balk: This is to acknowledge receipt of your application dated May 21, 2008 for the repair of the subject dam. The application was received in our office on May 23, 2008. Since this is a repair and the height of the dam or permanent pool will not change, an application -processing fee is not required. A cursory review of this submittal has been made and we feel that addition work is needed before we conduct a detailed review. In order to keep the application in its position on the review list, we must receive the following items within thirty days: 1. Please provide on the drawings the owner's name or a contact person along with their address and telephone number. 2. Please show the transition from the emergency spillway to the chute. A detailed plan view of the emergency spillway and chute with stations and dimensions is suggested. Where does the proposed riprapped chute end? Please provide a typical cross section for both the emergency spillway and chute showing the riprap thickness. The minimum thickness should be 2.25 D50• 4. Please provide details of the proposed repairs to the trashrack. If the trashrack is to be replaced, an inverted bucket design is recommended. 5. Please explain the use of a PMP value less than 40 inches obtained from Figure 23. Why was a PMP value of 44 shown in the tabulated data on the next to last page of the report? 6. Why was the 6.99 inches of runoff,for the• 1/3PMP shown as rainfall and a new runoff of 2.6 inches determined? Please note that the items. shown above are not necessarily all inclusive and that prior to proceeding with this design you should familiarize yourself with the Dam Safety Law of 1967 (Amended through 1995) and the North Carolina Administrative Code, Title 15A, Subchapter 2K, Dam Safety. T4 e ocu'veed �n cu 1612 Mail Service Center, Raleigh, North Carolina 27699-1612 •919-733-4574 / FAX: 919 7�3-2876f J� 512 North Salisbury Street, Raleigh, North Carolina, 27604 ; An Equal Opportunity 1 Affirmative Action Employer — 50% Recycled 110% Post Consumer Papefltld Quality SeOffon 2008 of 2 i as well as other dam safety related items can be found at the following web site: http://www.dlr.enr.state.nc.us/pages/damsafetyprogam.html. Applications requiring an approval to repair a dam will be reviewed by this office in the order they are received except that existing high hazard potential dams will be prioritized. We endeavor to respond to applications within 60 days of receipt of the application. Please contact Ms. Janet Boyer, Regional Engineer at telephone number (828) 296-4500 or a member of the Central Office Dam Safety staff at telephone number (919) 733-4574 if you have any questions concerning this matter. Sincerely, Al. W. Hubert Hawkins, PE Dam Safety Engineer Land Quality Section cc: Mr. Roger Edwards, Surface Water Protection Supervisor Ms. Janet Boyer, PE, Regional Engineer