HomeMy WebLinkAboutBurke Complaints ox
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1� FEB 2J20JJ WAl"EI1 C�UALITY SECTION
V311I-VIL.L_F M..'.CIONA_OFFICE
NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
Michael F. Easley, Governor William G. Ross, Secretary
Division of Land Resources, Land Quality Section
James D. Simons, P.G., P.E. Director Mike Goodson, Acting Regional Engineer
NOTICE OF VIOLATIONS OF THE
SEDIMENTATION POLLUTION CONTROL ACT
February 24, 2005
CERTIFIED MAIL - 7004-1350-0001-6624-8326
RETURN RECEIPT REQUESTED
David H. Blackburn, Registered Agent
Canoe Creek Properties, Inc.
1563 Calls Lodge Court
Morganton, NC 28655
RE: River Glen Subdivision - Burke County
On February 22, 2005, personnel of this office inspected property located off C oad and US
*4W in lina. This inspection was performed to determine compliance with the North
Carolina Sedimentation Pollution Control Act of 1973. The inspection revealed a land-disturbing activity of
a
5e e r'-44C' (�e�
It is our understanding that you and/or your firm are responsible for this land-disturbing activity. The purpose
of this letter is to inform you that this activity was found to be in violation of the Act, NCGS §1 13A-50 to 66,
and Title 15A, North Carolina Administrative Code, Chapter 4. If you feel that you are not responsible for the
following violations, please notify this office immediately.
The violations that were found are:
Failure to conduct a land-disturbing activity in accordance with the provisions of an acceptable erosion and
sedimentation control plan. NCGS §1 13A-61.1. The erosion and sedimentation control plan approved by this
office on May 31, 2000, must be immediately implemented on the site sufficient to prevent offsite
sedimentation.
Failure on a tract of more than one acre, when more than one acre is uncovered, to install sedimentation and
erosion control devices sufficient to retain the sediment generated by the land-disturbing activity within the
boundaries of the tract during construction upon and development of the tract. NCGS §1 13A-57(3).
Insufficient sedimentation and erosion control devices or structures have been installed to retain sediment within
the boundaries of the tract under development.
NorthCarolina
Aawallb,
2090 U.S. Hwy 70,Swannanoa,NC 28778
Telephone 828/296-4500 Fax 828/299-7043 Internet: www.enr.state.nc.us/ENR
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Failure to take all reasonable measures to protect all public and private property from damage by such land-
disturbing activities. 15A NCAC 413.0105. Offsite damage has occurred due to sediment washing into a creek.
Failure to retain along a lake or natural watercourse a buffer zone of sufficient width to confine visible siltation -
by_natural-or_ar_tificial_means_within_the2.5 percent ofAhat_p-ortion.9Lth bu fer zone-nearest the land-disturbing__
activity. NCGS §1 13A-57(1). Sediment from the site has entered a creek traversing the site.
Failure to maintain satisfactorily all temporary and permanent erosion and sedimentation control measures during
the development of a site. 15A NCAC 4B.01 13. Temporary erosion control measures and facilities have not
been adequately maintained and are not functioning as intended.
To correct these violations, you must submit a revised erosion control plan to this office reflecting the present
site conditions and specifying the measures required to bring the site into compliance. The plan must then be
implemented when approved. In the interim pending approval,you must immediately provide-measures on the
site sufficient to protect adjacent property and watercourses. Measures which you may find applicable are:
reinforced silt fencing, rock check dams, temporary diversion ditches, sediment traps, etc...
After installation, all erosion control measures must be maintained in proper working order until development
is complete and the site is completely stabilized.
An initial one-day civil penalty could be an assessment of up to $5,000.00. A time period for compliance is
not required for this initial one-day civil penalty pursuant to NCGS 1 13A-61.1(c) and NCGS-1 13A064(a)(1).
Such an initial one-day civil penalty is being considered for this project.
If the violations described in this Notice are not corrected on or before March 25, 2005, the Division of Land
Resources may take additional appropriate legal action against you pursuant to NCGS § 113A-64. That action
could be the assessment of additional civil penalties and may result in the initiation of other remedies as
prescribed by the Act. If additional civil penalties are assessed for the violations, the amount may be up to
$5,000.00 per day for each day of the violation pursuant to NCGS §1 13A-64(a)(1). If all violations are
corrected within the time period specified for compliance, additional civil penalties or legal remedies will not be
pursued.
Any new land-disturbing activity associated with this project should not begin until the area presently disturbed
is brought into compliance with the Act. When corrective actions are complete, you should notify this office
_ so that the work can be inspected. You should not assume that the site is in compliance with the Act until we
have so notified you. in addition,once compliance has been achieved,all installed measures must be satisfactorily
maintained until development is complete and the site is fully stabilized to avoid further violations of the Act.
We solicit your cooperation, and would like to avoid taking further enforcement action. At the same time, it
is your responsibility to understand and comply with the requirements of the Act. Copies of the relevant statute
and administrative regulations may be examined at this office or will be sent to you upon request. Should you
have questions concerning this Notice or the requirements of the Act, please contact either Ms Alison Davidson
or myself at 828-296-4500.
Sincerely,
Mike Goodson, CPESC
Acting Regional Engineer
MG/jt
NorthCarolina
Naturally
2090 U.S. Hwy 70,Swannanoa,NC 28778
Telephone 828/296-4500 Fax 828/299-7043 Internet: www.enr.state.nc.us/ENR
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Enclosures: Sedimentation Inspection Report
CC: Gray Hauser, P.E., CPESC
Roy Davis, ARO Water Quality
Case#
SEDIMENTATION INSPECTION REPORT
NORTH C,4ROLEM DEPARTMENT OFENVIRONMENTAND.NATUML RESOURCES
LAND QUALITY SECTION:20090 U.S.Hwy. 70,Swannanoa,NC28778(828)296-4500
County .T7 b. r Project: ��•".'X /e,Cr (��E v-\ c t b ,�'t t� River Basin.
Person Financially Responsible: ' r e s r. .» 1 t K.b c Project# tTO o b 6y
Address: _l':2'U2:_ t_..r� C`�t r� 1 �4 r i� r r•n N �� 1�,
1. Project Location 67` .t a\'>,i,,: )Pictures: No Yes❑ Prints❑ Slides❑ Digital❑ Video❑
2. Weather and Soil Conditions-Si. C , '
3. Is site currently under notice of violation? Yes❑ No,2r'
4. Is the site in compliance with the S.P.C.A.and the rules? Yes❑ No,0" If no,check violations below:
5. Violations:
❑ No approved plan,G.S.113A-57(4)and 15A NCAC 4B.0107(c) Inadequate buffer zone,G.S.113A-57(1)
b. Failure to follow approved plan,G.S.113A-61,1 Q h. Graded slopes and fills too steep,G.S.113A-57(2)
❑c. Failure to submit revised plan,G.S.113A-54.1(b)and or 15A NCAC 4B.0124(d)
15A NCAC 4B.0118(a) ❑ ' Unprotected exposed slopes,G.S.113A-57(2)
Eld. Failure to provide adequate groundcover,G.S.113A-57(3)and �1;7 j, Failure to maintain erosion control measures,
15A NCAC 4B.0107(b)or 15A NCAC 4B.0124(e) 15A NCAC 4B.0113
7 Insufficient measures to retain sediment on site,G.S.113A-57(3) ❑k. Other(describe)
Failure to take all reasonable mea ures,15A NCAC 4B.0105
6. NPDES Permit Violation? YesW No❑ Describe :5�e �� =•� t\ 1. 1,"'1"rt Wit. ;t J�1 r: �;C;_ k__
7. Has sedimentation damage occurred since last inspection? Yes kl� If yes,where?(check all that apply): No❑
Lake/natural watercourse on the tract Lake/natural watercourse off the tract ❑ Other property ❑
Description: 'C'sCcl t!c V-1 I ,-I toci� �c,� 1 C.t f' t.. � 1 r. � { t
Degree of damage: Slight, Moderate d Severe❑ � ''' � � �'r�
8. Contact made with(Name) i,tl 7 .,•,�� -ct 4-� -fit -%t 4{.=r 1 .X Title c 2a:� ����, 1 �t:a\ +:_t4 t;•_>:
Inspection Report given❑ or sent to Person Financially Responsible Date given/,se nt' o
9. Corrective actions needed:
�� 1 `` (i 1~ - �� yti�F't.. :y A\ `•7 X`,C'`1(. C�r�•G7 i't C' 'w 'F-.y '� ..lt. -� Y'�.'1 5`'_6 ` v„r.i. .��. j"' .+"•}
` 2 `!mil t.l�'7✓y\: 1 �-jyt �'C'ry 1`-7 L'�(� .� r-,'`'-�\C.J�•�1 5�..�i`.,X.-��1; �,�� ; �`..`.t V �'.`'� J•y— C,�i.�� ,
t J`J ;r `7 1 Cj cc^.Y �� (� 1�� 7 1 l" ��i'` i` n r "c"c c\
'` Ci c t'.:P - r 1 } i 1 a Y1
,1-�J ,.�( r � t t�t'. ` i •il�i, tij� �.a r.C.-\c ), (^ - 1' '`t i.L\.'.\. 1 7
10. Comments: 1'�`- `' L „y_ � ���' '�
Report by: �' ". r�:� /: , ~— Others present
Date of Inspection: (`)� —�c' Time arriving at site: I C) Time leaving site: =_
cc: — • —
White Copy to File Yellow Copy to Owner Pink Copy to Environmental Technician
7/04
chael F.Easley,Governor
q `William G.Ross Jr.,Secretary
LA n)
r North Carolina Department of Environment and Natural Resources
Alan W.Klimek,P.E.Director
Division of Water Quality
SURFACE WATER PROTECTION
October 28, 2005
Mrs. Beatrice Rector
2190 Cedar Trail
Morganton, North Carolina 28655
Subject: Permit Number : WQ0029453
Beatrice Rector Mobile Home Park
Pump and Haul
Burke County
Dear Mrs. Rector:
In accordance with your application received October 28, 2005, we are forwarding herewith
Permit No. WQ0029453, dated October 28, 2005 for the Beatrice Rector Mobile Home Park.
This permit shall be effective from the date of issuance until April 27, 2006 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 to you, you
have the right to request an adjudicatory hearing upon written request within 30 days following receipt
of this permit. The request must be in the form of a written petition, conforming to Chapter 150B of
North Carolina General Statutes, and filed with the Office of Administrative Hearings, 6714 Mail
Service Center, Raleigh, N. C. 27699-6714. Unless such petition is made, this permit shall be final
and binding.
One set of approved plans and specifications is being forwarded to you. If you need additional
information concerning this matter, please contact Mr. James Reid at 828/296-4500.
Sincerely,
Alan W. Klimek, P.E.
Director, Division of Water Quality
Enclosure
cc: Burke County Health Department
David Poore, West & Associates
Nor thCarolina
Naturally
North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,NC 28778 Phone(828)296-4500 Customer Service
Internet: h2o.enr.state.nc.us FAX (828)299-7043 1-877-623-6748
An Equal Opportunity/Affirmative Action Employer—50%Recycled110%Post Consumer Paper
NORTH CAROLINA
,a
ENVIRONMENTAL MANAGEMENT COMMISSION
DEPAR-T-ME-N-T-OF-ENVIRONMEN-T-AND-NA-TURAL-RESOURCES --
RALEIGH
PUMP AND HAUL 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
Beatrice Rector Mobile Home
Burke County
FOR THE
Operation of a pump and haul system to serve a 23-space mobile home and travel trailer park with no
discharge of wastes to the surface waters, pursuant to the application received and in conformity with the
project plan, specifications, and other supporting data subsequently filed and approved by the Department of
'I Environment and Natural Resources and considered a part of this permit.
This permit shall be effective from the date of issuance until April 27, 2006 and shall be subject to the
following specified conditions and limitations:
1. This permit shall become voidable unless the subject pump and haul activities are carried out in a
manner which has been approved by this Division.
2. This permit is effective only with respect to the nature and volume of wastes described in the
application and other supporting data.
3. The facilities shall be properly maintained and operated at all times.
4. This permit is not transferable. In the event there is a desire for a change in facility ownership, or there
is a name change of the Permittee; a formal permit request must be submitted to the Division of Water
Quality accompanied by an application fee, 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.
5. No type of waste other than that from residential mobile homes and travel trailers shall be included in
the pump and haul activities.
6. The permit shall become voidable unless the agreement between Beatrice Mobile Home Park and
Mulls' Septic Tank Service for the collection, transportation, and ultimate disposal of the wastewater is
in full force and effect.
7. In the event that the facilities fail to perform satisfactorily, including the creation of nuisance conditions,
the Permittee shall cease operation of all pump and haul activities and take such immediate corrective
action as may be required by this Division.
8. This Pump and Haul Permit shall not be renewed.
,ewage and wastewater collected by this system shall be treated in the City of Morganton's
.astewater treatment facility prior to being discharged into the receiving stream.
�. The Asheville Regional Office, telephone number 828/296-4500, shall be notified at least forty-eight
(48) hours in advance of operation of the pump and haul activities so that an in-place inspection may be
made. Such notification to the regional supervisor shall be made during the normal office hours from
8:00 a.m. until 5:00 p.m. on Monday through.Friday, excluding State Holidays.
11. The Permittee is liable for any damages caused by a spill or failure of the pump and haul operations.
12. Adequate inspection, maintenance, and cleaning shall be provided by the Permittee to insure proper
operation of the subject facilities.
13. The Permittee or his designee shall inspect the collection 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 as long as the pump and haul activities are being conducted and shall be made available
upon request to the Division of Water Quality or other permitting authority.
14. Any duly authorized officer, employee, or representative of the Division of Water Quality may, upon
presentation of credentials, enter and inspect any property, premises or place on or related to the
collection facilities at any reasonable time for the purpose of determining compliance with this permit;
inspect or copy any records that must be kept under the terms and conditions of this permit; and may
obtain samples.
15. An accurate record of the monthly pump and haul activities must be maintained by the Permittee,
indicating:
a) date wastewater is removed from the facility,
b) name of facility from which wastewater is removed,
c) name of facility receiving wastewater,
d) volume of wastewater removed, and
e) status of permanent disposal option.
These records shall be submitted to the Asheville Regional Office on or before the fifteenth (15) day of
the following month.
16. Failure to abide by the conditions and limitations contained in this permit may subject the Permittee to'
an enforcement action by the Division of Water Quality in accordance with North Carolina General
Statute 143-215.6.
17. The issuance of this permit does not preclude 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), which have jurisdiction.
18. The Permittee shall provide for the installation and maintenance of an audible and visual high-water
alarm.
19. A leakage test shall be performed on the septic tank and dosing tank to insure that any exfiltration
occurs at a rate, which does not exceed twenty (20) gallons per twenty-four (24) hour per 1,000
gallons of tank capacity. The engineer's certification will serve as proof of compliance with this
condition.
20. A copy of the approved plans and specifications shall be maintained on file by the Permittee for the
life of the project.
21. Non-Compliance Notification: A'
The Permittee shall report by telephone to the Asheville Regional Office, at telephone number 828/296
__._ 450Q,-as_soon_as-possible,—but-in--no-ease-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 process unit failure, due to known or unknown reasons, that render the facility incapable of
adequate wastewater treatment such as mechanical or electrical failure of pumps. aerators,
compressors, etc.
b. Any failure of a pumping station, sewer line, etc. resulting in a by-pass directly to receiving
waters without treatment of all or any portion of the influent to such station or facility.
Persons reporting such occurrences by telephone shall also file a written report in letter form within 15
days following first knowledge of the occurrence. This report must outline the actions taken or
proposed to be to ensure that the problem does not recur.
22. Upon completion of construction and prior to operation of the subject pump and haul activities, a
certification must be received from a professional engineer certifying that the permitted facilities have
been installed in accordance with this permit, the approved plans and specifications. Mail the
certification to the Permits and Engineering Unit, Post Office Box 29535, Raleigh, N. C. 27626-0535.
23. The annual administering and compliance fee must be paid by the Permittee 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 as specified by 15 NCAC 2H.0205 (c)(4).
Permit issued this the Twenty-Eighth day of October 2005.
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
fir. `_......_.._.
Alan . Klimek, P.E., Director
Division of Water Quality
By Authority of the Environmental Management Commission
.,oer WQ0029453
Rector Mobile Home Park
.fiber 28, 2005
durke County
Engineer's Certification
1, , as a duly registered Professional
Engineer in the State of North Carolina, having been authorized to observe
(periodically/weekly/full time)the construction of the project,
Beatrice Rector Mobile Home Park Burke County for
(Project) (Name of Location)
the Permittee hereby state that, to the best of my abilities, due care and diligence was used in
the observation of the construction such that the construction was observed to be built within
substantial compliance and intent of the approved plans and specifications.
Signature Registration No.
Date
9
State of North CarolinaWQ0029453
Department of Environment and Natural Resou"ce-I-,- - --
Division of Water Quality �C�
Non-Discharge Permit Application
II
OCT 1 9 2005
DUMP AND HAUL DISPOSAL SYSTEM i
VV T -f,ClUdf I I Y` i0i,J
I. GENERAL. INFORMATION:
I. applicant (corporation, individual,or other): Mrs. Beatrice Rector
2. Print Owners or Signing Official's Name and Title (the person who Is legally responsible for the
facility and its complianeei): Beatrice Rector
3. Mailing Address: 2940 NC 18/US 64
CRY: Mlorganton State. Zip.
Telephone No: (828) 437-5987 ..— State:_NC
project Name (subdivision,facility,or establishment name-should be consistent with project
name on plans/specs. letters of flow acceptance, Operati�rzal fto enpts,etc.).
,
Beatrice Rector Mobile Home Park - 13 permanent, eve ighT spaces
5. Application Date._-0 c � . 2 0 0 5 6. Fee Submitted: $ 6_, 75 . 00
T. County where project is located:
8. Latitude: N3q'49 Longitude, W81°38.392' Y g ►urnpe�i.
-�--- of facility bein
11. PERMIT INFORMATION:
I. Permit No. (will be�d Ieted by DWQ):
2. If this application is being submitted as a result of a modification to an existing permit, list the
existing permit Number none And issue date
3. Specify whether the applicant is Public or X private.
Ill. INFORMATION ON WASTEWATER
I. Nature of Wastewater., 100 %Domestic; � °laCommerciai;
%Industrial; _ %Other waste (specify):
2. Please provide a one or two word description specifying the origin of the wastewater, such as
school,subdivision, hospital,commercial, industrial apartments, etc.: 1 double wide
12 mobile homes, and 9 overnight camping spaces, one mobile home on priva e septic
tan
1
1 If Wastewater is not domestic in nature, what level of pretreatment has been provided to ensure
' protedtion of the receiving wastewater treatment facility? n/a
4. Volume of wastewater to be pumped and hauled: 3,960 gallons per day.
5. Explanation of how wastewater volume was determined: 12 mobile homes x 240 gpd
+ 9 x 120 = 3,960 gpd
IV. TREATMENT FACILITY INFORMATION:
1. Name of wastewater treatment facility receiving wastewater: Catawba River Pollution
2. Treatment facility permit no.: 26573 Control Facility
3. Treatment facility contact person and telephone no;__._Dan Danford - 82$ 438-5248
4. County where treatment is located: Burke
5. Distance to treatment facility; approximately 7.5 miles miles.
V. OTHER INFORMATION:
1. Brief project description: project involves using a pump and haul permit until a new
treatment system can be esigne , permitted ana ins-tailed' '
2. Explanation of'Why a pump and haul permit is being requested (be specific and explain if an
envirohmesntal emergency exists); Notice of Violation File No. . Dr-2003-0302
dated Febraur 18 2003, copy is attac e
3. Specify how long pump and haul permit needed(shall not exceed 6 months): 6 months
e.
4. What will be the permanent method of wastewater disposal once tl a pimp and hau!activities
have ceased? treatment facility with discharge to Lower ree
5. Date that permanent disposal method will be available: April 2006
6. Have Permit/approvals for permanent disposal method been obtained?
Yes; Permit No. Permitting Agency
X No; bending Permit No. Permitting Agency
7. Describe how the wastewater will be transported (truck, rail car,etc.)and provide the typical
hauling volume of the vehicle providing the hauling: truck, 3,000 gallon capacity
8. Name of the owner of transporting vehicle: R. Mull Septic Tank Service
-2-
i r
i
9, Mailing Address of Hauler: - 2416 Mount Home Church Road
City: Mor anton State: NC
Zip' 2
Telephone No.: 828) 437-0959
10. What type of tank or other container will the wastewater be pumped from and what is the volum+
of this container? 8 - 1,000 gallon septic tanks = 8,000 gallons
11. Was the tank or container already in place or will it be installed for these activities? existing
. 12. What type of high water alarm does the container havel
audible and visual auto dialer
-3-
}
PUMP AND HAUL DISPOSAL SYSTEM
THIS APPLICATION PACKAGE WILL NOT BE ACCEPTED
BY THE DIVISION OF WATER QUALITY-UNLESS ALL OF
THE APPLICABLE ITEMS ARE INCLUDED WITH THE SUBMITTAL
Required Items:
a. One on final and two copies of the com fated and 2122rood"ately executed a lication form.
b. -Three sets of detailed Plans and s ecifications sinned and sealed by a NOrth Carolina
Registered Professional Engineer.
The plans/specifications must include'a general location.map, a plan view of the storage
facili and its relationship to property lines, and details showing the high;water alarms.
Provide either audible and visual alarms or an auto dialer. Each sheet of the plans and the
first page of the specifications must be signed and sealed.
c. The appropriate permit processing fee, in accordance with ISA NCAC 2H.0205(c)(5), which it
$675.00 payable to. NCDENR.
d. A letter must be (provided from the ownerlauthority of the wastewater treatment,facility statin�
that the wastewater will be accepted and s ci in the volume that will be accepted, The Iattei
should be a recent letter and should refer to the project by the same name as that identified on
the application and the plans/specifications.
e. A letter must_ be provided from the owner/authority of the ultimatelparmanent receiver
wastewater collection s tem and/or treatment facility stating-that the wastewater will be
accepted The letter should be a recent letter and should refer to the project by the same name
as that identified on the application and the plans/specifications.
f. A copy of the contract or agreement between the wastewater hauler and the applicant and a map
indicating the haul route.
g. The application package should be sent to the Asheville Regional Office for review and
processing. if there are any questions, contact the regional office at 828251-8208.
Submit to: Mr. Forrest Westall, Supervisor
NCOENR4Xv1s1on of dater Quality
Surface Water Protection
2090 U.S. Highway 70
Swannanoa, NO 28778
4_.
f
DIVISION QF ENVIRONMENT AND NATURAL RESOURCES. REGIONAL OFFICES
ASHEVLLL MOORESVILLE WIN$Tf31N-SALEM
2090 U.S. Highway 70 199 N Main St 595 Waqughtown St
swannanoa, NC 28779 Mooresville, NC 28115 Winston-Salem, NC 27107
Phone: 8281296-4500 Phone: 7041663-1699 Phone: 336/YT1 4600
Fax: 8281299 7043 Fax: 704/663-6040 Faux: 336/771.4630
Avery Macon - Alexander Mecklenburg Alarnance Rockingham
Buncombe Madison Cabarrus Rowan Alleghany Randolph
Burke McDowell Catawba Stenly Ashe Stokes
Caldwell Mitchell Gaston Union Caswell Surry
Cherokee Polk Iredell Cleveland Davidson Watauga
Clay Rutherford Lincoln Davie Wilkes
Graham Swain Forsyth Yadkin
Haywood Transylvania Guilford
Henderson Yancey
Jackson
FAYETTEVILLE WA.SHINGTQN RALEI+�I�
225 Green Street 943 Washington Square Mail 3800 Barrett Dr
Suite 714 Washington, NC 27889 Raleigh, NC 27609
Fayetteville, NC 28301 Phone: 2521946-6481 Phone: 9191571-4700
Phone: 901/486-0707 . Fax: 2521946 9R215 Fax: 919/571-4718
Fax: 9101486-0707
Beaufort Jones Chatham Nash
Anson Moore Bertis Lenoir Durham Northampton
Bladen Robeson Camden Martin Edgecombe grange
Cumberland Richmond Chowan Pamlico Franklin Person
Harnett Sampson Craven Pasquotank Granville Vance
Hoke Scotland Currituok Perquimans Halifax Wake
Montgomery bare Pitt Johnston Warren
Gatess Tyrell Lee Wilson
Greene Washington
Hertford Wayne
Hyde
WILMINGTON
127 Cardinal Dr
Wilmington, NC 28405
Phone: 910/395-3900
Fax: 910/350 2004
Brunswick Now Hanover
Carteret Onslvw
Columbus bender
Duplin
-5-
Name and Gdmplete Address of Engineering Firm. West Consultants, PLLC
405 South Sterling Street
State NC City: Morgant_ oon
Zip: 28655 Telephone Flo. (828) 433-5661
Professional Engineer's Certification.
1, David W. Poore, P.E. , attest that this application for -Bea Rector Mobile Home Park_
has been reviewed by nee and is accurate and complete to thi
best of my knowledge. I further attest that to the best of my knowledge the proposed design ha!
been prepared in-apcordanoe with the applicable regulations. Although certain portion$ of thh
submittal package may have been developed by other professionals, inclusion of these material:
under mar signature and seal signifies that I have reviewed this material and have judged it to b(
consistent with the proposed design.
North Carolina Professional Engineer's Registration No. .2 7;78U Prin
Names of Engineer Qt)/
E lL
Seal and Signature(specify date) m
�2770 c
A.
Applicant's Certification;
I, Beatrice Rector Bea Rector Mobile Home Park
., attest that this application fo�-
has been reviewed by me and is accurate and coMplete to the best of my knowledge. I understanc
that if all required parts of this application are not completed and that if all required suppoPtln�
information and attachments are not included, this application package will be returned as
incomplete.
Signature Gate
-F,-
P'urnp and Haul Disposal
Instructions
Processing of this application will not init#ate until all of the following items
have been submitted in addition to three(3) copies of the completed application
form:
�• Appropriate fee in accordance with 15 NCAC 2H,0205( )�c 5 . Submit
required fee of$675.00 payable to NCDENR. )
�2• three( )sets of plans and sPecifications for the proposed storage
facillty signed and sealed.by a Professional Engineer registered in
the State of North Carolina. Audible and visual high water alarms
must be provided.
✓ A azOp of the iefter of flow acceptanee frown the receiving wastewater
treatment facility owner.
4. A copy of the c n1 t. sr agreernent with :fie :. ns rr o13t
`l"his appliU kd .rarde-d to the an'Orvptio R ��.
Regional Office.
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September 20, '4005
Mrs. Beatrice Rector
2940.NC 18fU864
Morganton,NC 28655
Dear Ms. Rector,
I understand from today's phone conversation with West and Associates that you
need a letter from.the City stating that the City will accept wastewater from your facility..
The.purpose of this letter is to provide you.with the certification that the City of
Morganton.wastewater facility has the capacity to handle the 3960 gallons a. day of
residential Wastewater that you Will be sending to Morganton's wastewater facilities.
The City of Morganton indicates with this letter that it will accept the above flows for
treatment in the City's wastewater treatment facility.
Please be advised that, like all of Morganton's sewer customers, you must abide
by the rules and regulations as outlined in Morganton's Sewer Use Ordinance, should
problems occur with treating your wastewater this permission may be revoked at any
time in order to protect Morganton's wastewater facility ft•om damage caused by
attempting to treat your wastewater.
Sincerely,
Don Danford
Director of Water Resources
Telephone (828).437-8863 305 E Union Street, Suite A100 . Post Office Box 3448
W%V.ciJndrganton.nc.us Morganton, NC 28655 yorganton, NC 28680-3448
10 03/2005 22:54 4378789 PAGE 01
s
R. Mull ,Septic Tank Service
2416 Mt. dome Church Road
Morganton, North Carolina 28655
(828) 437-0959
1, Ryan C. Mull, as owner of R. Mull Septic Tank
Service, agree to pump Beatrice REctor' s Mobile Horne
Park on a daily, serni--drily or "as needed" basis, for
a period of 180 days on a payment agreement reached
betAeen Beatrice Lector, o#ner, and myself.
Ryan C. Mull, owner
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405 South Sterling Street,Morganton NC 286 W Q
0029453
WEST
828 433 S661 / fax 828 433 5662 / westcons@bellsouth.net
CONSULTANTS P«C
OCT 19 2005
October 14, 2005
Ms. Janet Cantwell
NCDENR
Division of Water Quality
2090 U.S. Highway 70
Swannanoa,NC 28778
RE: Beatrice Rector Mobile Home Park
Pump and Haul Permit
Dear Ms. Cantwell:
Enclosed,please find a pump and haul permit request for the above referenced project. The
existing septic system is comprised of six septic tanks which flow to a single drain field. The
proposal is to plug the septic tanks to prevent them from allowing flow to go to the drain field
and then use these existing tanks as vessels to pump from. These existing tanks will be fitted
with a liquid level alarm system by the owner. The mobile homes and septic tank locations are
shown on the site map.
We submit this information for your review and comment.
Sincerely,
WEST CONSULTANTS, PLLC
David W. Poore, P.E.
DP/wjt/kj
Enclosures
Mate of North Carolina
Department of Environment and Natural Resources
Division Of Water Quality
Non-Discharge Permit Application
PUMP AND HAUL DISPOSAL SYSTEM
I. GENERAL. INFORMATION:
I. Applicant(corporation, individual, or other): Mrs. Beatrice Rector
2. Print Owners or Signing Official's Name and Title(the person who Is legally responsible for the
facility and its compliant -I. Beatrice Rector
3. Mailing Address: 2940 NC 18/US 64
City: NlorZ anton State. zip
Te10ahone No: (828) 437-5987 —..
4. Project Name (subdivision,facility, or establishment name-should be consistent with project
name on plans/specs. letters of flow acceptance, Operatl?anal a�iregh �p,etc.):--�.�..
Beatrice Rector Mobile Home Park - 13 ermanent ove i spaces
S. Application Date: o 0 0 5 6. Fee Submitted: $ 6r 7 5 .0 0
7. County where project is located:
8. Latitude: N39049.647' . W81°38.392'
, t.ongi#ude• of facility being pumped.
11. PERMIT INFORMATION:
I. W..Permit No. (will be eft RIeted by DWQ):
2. If this application is being submitted as a result of a modification to an existing permit, list the
existing permit number none And issue date
3. Specify whether the applicant Is Public or X
private.
Ill. INFORMATION ON WASTEWATER
'1• Nature of Wastewater: 100 %Domestic; /cb
Industrial; %Other waste(specify). Commercial;
2. Please provide a one or two word description speclWng the origin of the wastewater, such as
school,subdivision,hospital,commercial, industrial apartments, etc.: 1 double wide
12 mobile homes, and 9 overnight camping spaces, one mobile ho
tan me on private septic
-1-
. 3. If wastewater is not domestic in mature, what level of pretreatment has been provident to ensure
ptOteWion of the receiving wastewater treatment facility? n/a
4. Volume of wastewater to be pumped and hauled: 3,960 gallons per day.
5. Explanation of how wastewater volume was determined: 12 mobile homes x 240 gpd
+ 9 x 120 = 3,960 gpd
IV. TREATMENT FACILITY INFORMATION
:
1. Name of wastewater treatment facility receiving wastewater: Catawba River Pollution
2. Treatment facility permit no.: 26573 Control Facility
3. Treatment facility contact person and telephone no: Dan Danford - 828 438-5248
4. County where treatment is located: Burke
$. Distance to treatment facility; approximately 7.5 miles
miles.
V. OTHER INFORMATION:
1. Brief project description: project involves using a pump and haul permit until a new
treatment system can be deriEned, permitted and ins a e
2. Explanation of why a pump and haul permit is being requested (be specific and explain if an
environmental emergency exists); Notice of Violation File No. . Dr-2003-0302
dated Febraur 18 2003, copy is attac e
3. Specify how long pump and haul permit needed(shall not exceed 6 months): 6 months
4. What will be the permanent method of wastewater disposal once p
a uump and haul activities
have ceased? treatment facility with discharge to Lower ureek
S. Date that permanent disposal method will be available:— April 2006
E. Have Permit/approvals for permanent disposal method been obtained?
Yes; Permit No. Permitting Agency
X No; Fending Permit No. Permitting Agency
7. Desoribe how the wastewater wlii be transported(truck,mil car,etc.)and provide the typical
hauling volume of the vehicle providing the hauling; truck, 3,000 gallon capacity
$• Name of the owner of transporting vehicle. R• Mull Septic Tank Service
-2-
9, Mailing Address of Hauler: 2416 Mount Home_Church Road
"City: Mor anton State: NC" Zip,<. 2
Telephone No.: 828) -0 59 — —'
10. What type of tank or other container will the wastewater be pum ed from and what is the v
of this container? 8 - 1,000 gallon septic tan - oium+
_ P tanks - �,000 gallons
11. Was the tank or container already in place or will it be installed for these activitlesl existing
. 12. What type of high water alarm does the container havel
audible and visual auto dialler
-3-
PUMP AND HAUL DISPOSAL SYSTEM
THIS APPLICATION PACKAGE WILL NOT BE ACCEPTED
BY THE DIVISION OF WATER QUALITY-UNLESS ALL OF
THE APPLICABLE ITEMS ARE INCLUDED WITH THE SUBMITTAL
Required items:
a. One on final and two co ies of the com feted and appropriateiv executed apiqlIcation form.
b. -Three sets of detailed plans and specifications signed and sealed by a North Carotin:
Registered Professional Enaineer.
The plans/specifications must include'a general location.map, a plan view of the storage
faalli 4nd its relationship to property lines.and details showing the high water alarms.
Provide either audible and visual alarms or an auto dialer. Each sheet of the plans and the
first page of the specifications must be signed and sealed.
c. The appropriate permit processing fee, in accordance with 15A NCAC 2H.0205(c)(6), which is
$675.00 paves#o: NCUENR.
d. A letter must be provided from the owner/authority of the wastewater treatment facili statin
that the wastewater will be acce ted and sp-ec-fting the volume that will be aece led, The letter
should he a recent letter and should refer to the project by the same name as that identified on
the application and the plans/specifications.
e. A letter must be provided from the owner/autharity of the ulti(nA!g/permanent receiver
wastewater collection systam and/or treatment facility stating that the wastewater will be
accepted. The letter should be a recent letter and should refer to the project by the same name
as that identified on the application and the plans/specifications.
f. A copy of the contract or a reement between the wastewater hauler and the a Ilcant and a ma
indicating the haul route.
g. The application package should be sent to the Asheville F�e+�ianal�ce for review and
processing. if there are any questions,contact the regional office at 828251-6208.
Submit to: Mr.Forrest Westall,Supervisor
NCI)ENa-)'vision of Water Quality
Surface Water Protection
2090 U.S. Highway 70
Swannanoa, NC 28778
-4-
.
DIVISION Cat✓ ENVIRONMENT AND NATURAL RESOURCES, REGIONAL OFFICES
ASHEVIjLLE MCiORESVILLF WINSTO 4-SALEM
2090 U.S. Highway 70 199 N Main St 595 Waughtown St
Swannanc a, NC 28779 Mooresville, NC 28115 Winston-Salem, NC 27107
Phone: 8281296-450 Phone: 704/663-1699 Phone: 3361771,4600
Fax: 8281299 7043 Fax: 704/663-6040 Fax: 336/771.4630
Avery Macon- - Alexander Mecklenburg Alarnance Rockingham
Buncombe Madison Cabarrus Rowan Alleghany Randolph
Burke McDowell Catawba Stanly Ashe Stokes
Caldwell Mitchell Gaston Union Caswell Surry
Cherokee Polk Iredeli Cleveland Davidson Watauga
Clay Rutherford Lincoln Davie Wilkes
Graham Swain Forsyth Yadkin
Haywood Transylvania Guilford
Henderson Yancey
Jackson
FAYETTEVILLE WASHINGTON RA
LEIGH
225 Green Street 943 Washington Square Mail 3800 Barrett Dr
Suite 714 Washington, NC 27889 Raleigh, NC 27609
Fayetteville, NC 28301 Phone: 252194"491 Phone: 9191571-4700
Phone: 9011486-0707 . Fax: 25219469215 Fax: 919/571-4718
Fax: 9101486.0707
Beaufort Jones Chatham Nash
Anson Moore Berne Lenoir Durham Northampton
Bladen Robeson Camden Martin Edgecombe Orange
Cumberland Richmond Chowan Pamlico Franklin Person
Harnett Sampson Craven Pasquotank Granville Vance
Hoke Scotland Currituck Perquimans Halifax Shake
Montgomery Dare Pitt Johnston Warren
Gatess Tyrell Lee Wilson
Greene Washington
Hartford Wayne
Hyde
NILMINGTON
127 Cardinal Dr
Milmington, NC 28405
Shone: 910/395-3900
"ax: 9101350 2004
3runswick New Hanover
rarteret Onslow
:olumbus Pender
)uplin
Name and,Ccmplete Address of Engineering Firm. West Consultants,. PLLC
405 South SterlingStreet C City;_ Morgant_ oon
State:
•._.�. —Zip: 28655 Telephone No._ CL 433-5661
'Professional Engineer's Certification:
David W. Poore, P.E. , attest that this application for -Bea Rector Mobile Home Park
has been reviewed by me and is accurate and complete to tho
best of my knowledge. I further attest that to the best of my knowledgb the proposed design ha!
been prepared in-accordance with the applicable regulations. Although certain portions of thi:
submittal package may have been developed by other professionals, inclusion of these material.,
under my signature and seal signifies that i have reviewed this material and have judged It to bs
consistent with the proposed design.
North Carolina Professional Engineer's Registration No. grin
Name of Engineer_ 0,4111D. W, �Qo
Seal and Signature(specify date) ' ", -
Applicant's Certification;
1, Beatrice Rector Bea Rector Mobile Home Park
., attest that this application for
has been reviewed by me and is accurate and complete to the best of my knowledge. I understanc
that if all required parts of this application are not completed and that if all required supportinc
information and attachments are not included, this application package will be rdturned a-,
incomplete.
Signature Date /d
-6-
Pump anri Haul Disposal
Instructions
Processing of this application will not initiate until all of the fallowing items
have been submitted in addition to three(3) cop#es of the comple
form: ted app#ication
1. Appropriate fee in accordance with 15 NGAC 2H.0205{c}(5 . Submit
required fee-of$V5.Op payable to NCDENR. �
_k:f2. Three(3)sets of plans and.sp lftcations for the proposed storage
facility signed and sealed.by a Proreisslonal Engineer registarod in
the State of North Carolina. Audible and visual high Water alarms
must be provided.
A uOPY of the;after or flow acdeptgnofi from the receiving wastewater
treatment facility owner.
4. A Dopy��co��t.�sr agreement with ��e:.��nart�ontc r
This igaplicpo I .lam%MArded to the app.r*p aso %%21. no, Cie.
�T'' .'�.� e „sve �a�
Yes
NO
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NORTH,: .z ,. .
1101051,0 MA
September 20, 2005
Mrs. Beatrice Rector
2940.NC 1$1US64
Morganton,NC 25655
Dear Ms. Rector,
I understand from today's phone conversation with West and Associates that you
need a letter from.the City stating that the City will accept wastewater from your facility..
7he.purpose of this letter is to provide you.with the certification that the City of
Morganton.wastewater facility has the capacity to-handle the 3960 gallons a day of
residential wastewater that you will be sending to Morganton's wastewater facilities.
The City of Morganton indicates with this letter that it will accept the above flows for
treatment in the City's wastewater treatment facility.
Please be advised that, like all of Morganton's sewer customers, you must abide
by.the rules and regulations as outlined in Morganton's Sewer Use Ordinance, should
problems occur'with.treating your wastewater this permission may be revoked at any
time in order to protect Morganton's•wastewater facility from-damage caused by
attempting to treat your wastewater.
Sincerelyy,
Don Danford
Director of Water Resources
Telephone {828).43'1.-8863 305 E Union Street, Suite A100 . Post Office Box 3448
WWW.d.morntn. c.us C 2865oU r Morganton, NC 28680-3448
10/03/2005 22.54 4378789 PAGE 01
R. Mull Septic Tank service
2416 Mt. Home Church Road
Morganton, North Carolina 28655
(828) 437-0959
1, Ryan C. Mull, as owner of R. Mull Septic Tank
Service, agree to pump Beatrice REator's Mobile Home
Park on a daily, semi-daily or "as needed" basis, for
a period of 180 days on a payment agreement reached
betAeen Beatrice Rector, owner, and myself.
III (./Akikv, Oqe), —
Ryan C. Mull, caner
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405 South Sterling Street,Morganton NC 28655
328 433 5661 fax 828 433 5662 / westcons@bellsouth.net
CONSULTANTS Puc
OCT
October 14, 2005
Ms. Janet Cantwell
NCDENR
Division of Water Quality
2090 U.S. Highway 70
Swannanoa,NC 28778
RE: Beatrice Rector Mobile Home Park
Pump and Haul Permit
Dear Ms. Cantwell:
Enclosed, please find a pump and haul permit request for the above referenced project. The
existing septic system is comprised of six septic tanks which flow to a single drain field. The
proposal is to plug the septic tanks to prevent them from allowing flow to go to the drain field
and then use these existing tanks as vessels to pump from. These existing tanks will be fitted
with a liquid level alarm system by the owner. The mobile homes and septic tank locations are
shown on the site map.
We submit this information for your review and comment..
Sincerely,
WEST CONSULTANTS, PLLC
David W. Poore, P.E.
DP/wjt/kj
Enclosures
LRA
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Michael F. Easley, Governor William G. Ross,Jr.,Secretary
Alan W. Klimek, P.E., Director
SURFACE WATER PROTECTION
February 8, 2005
CERTIFIED MAIL - 7004 0750 0000 2593 2303
RETURN RECEIPT REQUESTED
Mr. Roy W. Branch
661 Conley Road
Morganton, North Carolina 28655
Subject: Notice of Violation
Burke County, North Carolina
Dear Mr. Branch:
The Asheville Regional Office of the Division of Water Quality is considering
sending a recommendation for enforcement action to the Director of the Division of
Water Quality. The recommendation concerns violations of TitIe15A North Carolina
Administrative Code (NCAC) 21-1.0500 and Section 143-215.1 of the General Statutes
of North Carolina. The violations were for failure to secure 401 Water Quality
Certifications and possible creation of an outlet without a permit. The violations
occurred in an unnamed tributary to Silver Creek.
Failure to Secure 401 Water Quality Certifications — Title 15A North Carolina
Administrative Code 21-1.0500 requires that anyone proposing to engage in dredge or
fill activities must first secure certification from the Division of Water Quality. A
segment (approximately 100-200 feet in length) of an unnamed tributary to Silver
Creek had been modified to form an unstable box-shaped channel. Modifications of
the stream channel constituted dredge and fill activity in violation of 15A NCAC
2H.0500.
Asheville Regional Office
2090 U.S.Highway 70,Swannanoa,North Carolina 28778 No rthCarolina
Phone: 828-296-45001 FAX: 828-299-70431 Internet: h2o.enr.state.nc.us J�atura!!r�
tf
1
Mr. Roy W. Branch
February 8, 2005
Page Two
Possible creation of an outlet without a permit — A corrugated pipe of black
plastic discharged to the unnamed tributary to Silver Creek. The pipe appeared to
come from the vicinity of the shop located on your property. The complainant who
contacted this office stated that the pipe was connected to (a) plumbing fixture(s) in
the shop. At the time of this agency's observations, the water level in the creek was
too high for the inspector to make any definitive finding concerning the pipe. If the
pipe discharges any material or liquid other than uncontaminated storm water,
violation(s) of Section 143.215.1 of the General Statutes of North Carolina would exist.
If you have an explanation for the above-described violations that you wish to
present, please respond in writing to me within ten (10) days following receipt of this
Notice. Your explanation will be reviewed and if an enforcement action is still deemed
appropriate, your explanation will be forwarded to the Director with the enforcement
package for his consideration.
_ If you have any questions concerning these matters, please contact Mr. James
Reid at 828/296-4500.
Sincerely,
g__
Roger C. Edwards, Acting
Surface Water Protection Regional Supervisor
cc: Burke County Building Inspections
Point Source Compliance/Enforcement Unit
US Army Corps of Engineers
W ATERQ Michael F.Easley,Governor
William G.Ross Jr.,Secretary
North Carolina Department of Environment and Natural Resources
CO
> y
^� Alan W.Klimek,P.E.Director
Division of Water Quality
SURFACE WATER PROTECTION
February 24, 2005
Sheriff John McDevitt
Burke County Sheriff's Department
150 Government Drive
Morganton,North Carolina 28655
SUBJECT: Service of Certified Letter
Dear Sheriff McDevitt:
The enclosed Certified Letter needs to be served to the following individual:
Mr. Roy W. Branch
561 Conley Road
Morganton,North Carolina 28655
The certified letter is a Notice of Violation concerning violations of Title 15A North
Carolina Administrative Code (NCAC)2H.0500 and Section 143-215.1 of the General
Statutes of North Carolina. The violations were for failure to secure 401 Water Quality
Certifications and possible creation of an outlet without a permit occurring in an unnamed
tributary to Silver Creek.
Once the letter has been served, please return the green card, signed and dated by Mr.
Branch, and the completed Return of Service letter. If there is any charge,please indicate on
the Service letter.
Sincerely,
/Z'
James R. Reid
Environmental Engineer
Surface Water Protection
Enclosures
o e
NhCarolina
North Carolina Division of Water Quality—Asheville Regional Office. 2090 U.S.Highway 70 Swannanoa,N.C. 28778 Phone(828)2964500
FAX (828)299-7043
Customer Service 1-877-623-6748
Internet: h2o.enr.state.nc.us
�QF W A TFRQ Michael F.Easley,Governor
�0 G William G.Ross Jr.,Secretary
�- North Carolina Department of Environment and Natural Resources
>
p Alan W.Klimek,P.E.Director
Division of Water Quality
RETURN OF SERVICE
I certify that this NOTICE OF SERVICE was received on the day of
2005, and together with the document(s) was served as follows:
On the day of , 2005, at the following place:
(Fill in the address where the document was delivered)
By: delivering document to her personally
leaving document with , who is a person of
suitable age and discretion and who resides in the named individual's dwelling or place of
business.
If not served on the named individual,please state reason:
Fee $ , Sheriff
Paid $ , Deputy
By
Date
Thank you for your time and should you have any questions, please contact James Reid
of this office at (828)296-4500.
Please return this form to:
Surface Water Protection
NC Division of Water Quality
2090 US Highway 70
Swannanoa,North Carolina 28778
Re: (Violator)
(County)
No a hCarolina
Auturall11
North Carolina Division of Water Quality—Asheville Regional Office 2090 U.S.Highway 70 Swannanoa,N.C. 28778 Phone(828)2964500
FAX (828)299-7043
Customer Service 1-877-623-6748
Internet: h2o.enr.state.nc.us
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OF
Michael F.Easley,Governor
yWilliam G.Ross Jr.,Secretary
>. f_ North Carolina Department of Environment and Natural Resources
Alan W.Klimek,P.E.Director
Division of Water Quality
March 14, 2005
CERTIFIED MAIL 7004 0750 0000 2593 1016
RETURN RECEIPT REQUESTED
Mull's Septic Tank
2416 Mount Home Church Road
Morganton,North Carolina 28655-6405
Subject: NOTICE OF VIOLATION
Un-permitted Discharge
Burke County,North Carolina
Dear Mr. Mull:
This letter will document our visit on February 24, 2005; at the time, a violation of state
law was occurring. Wastewater, from washing of a Mull's Septic Truck, was flowing into a
ditch draining directly to an unnamed tributary to East Prong Creek. The discharge of
wastewater was in violation of State Law found at Section 143-215.1 of the General Statutes of
North Carolina. Violations of the referenced statute subject the responsible party to assessment
of penalties described in Sections 143-215.6A &B of the General Statutes.
Wastewater from washing commercial trucks is by statutory definition "industrial waste".
Consequently, the waste stream must be treated in a ground absorption system permitted by the
local health department (in conjunction with the Onsite Waste Section) or in a system permitted
by the Environmental Management Commission.
Within 10 days of receipt of this letter, please respond in writing advising of what actions
have been taken or are planned to eliminate or treat any un-permitted wastewater streams from
Mull's Septic Tank Company. If there are questions concerning this matter, please contact the
writer at telephone number 828-269-4500.
Sincerely,
James R. Reid, Acting
Regional Supervisor
Surface Water Protection
cc: Burke County Health Department
ne
NorthCarolina
Naturally
North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,NC 28778 Phone(828)296-4500 Customer Service
Internet: h2o.enr.state.nc.us FAX (828)299-7043 1-877-623-6748
An Equal Opportunity/Affirmative Action Employer—50%Recycled/10%Post consumer Paper
H—Sullins
_ September 9, 2005
Page 2
NCGS 143-215.1(a)(6) by failing to apply for permits necessary to make the outlets evidenced
by solids in the unnamed tributary to East Prong Hunting Creek.
If you have questions, or if this office can be of assistance, please advise.
Enclosures
DIVISION OF WATER QUALITY
ENFORCEMENT CASE FACTORS
Type: Violations of 15A NCAC 2H.0501 and 15A NCAC21-1.0502
failure to secure Water Quality Certification, 15A NCAC
0213.0211(2) Removal of Best Usage, 15A NCAC 02B
.0211 3 c for excessive deposition of sediment, a settleable
solids standard violation and NCGS 143-215,1(a)(6) by failing to
apply for permits necessary to make the outlets (evidenced by
solids) in an unnamed tributary to East Prong Hunting Creek
Violator: Richard W. Sena and Harriet A. Sena
Address: 115 Parker Lane
Morganton,NC 28655-8860
Location: Rear of property at above stated address, Deed Book 820, Page
1736, Burke County
Regional Office: Asheville
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;
.Mr. and Mrs. Sena own a tract off Parker Lane in Burke County,NC.
On January 14, 2005, April 14, 2005 and August 26, 2005, DWQ staff
determined the existence of unauthorized impacts to a length of at least 25 feet
of channel in an unnamed tributary to East Prong Hunting Creek, Class WS
IV waters. A DWQ file review confirmed that these impacts occurred
without having applied for or secured a 401 Water Quality Certification or
other necessary permits.
Specifically, the impacted stream segments had been filled with brush, logs,
debris, rocks and other material to a depth of approximately 4-5 feet. The
adjacent property owner states that her land is being eroded as a result of the
Senas' placing fill material in the UT East Prong Hunting Creek.
2. The duration and gravity of the violation;
DWQ inspected the site on January 14, 2005, April 14, 2005 and August 26,
2005,and documented violations as follows; 15A NCAC 211.0501 and 15A
NCAC2H.0502 failure to secure a Water Quality Certification, 15A NCAC
- --
_-- 02B:021-1(2)—Removal of Best Usage, 15A NCAC 02B .0211(3)(c) for
excessive deposition of solids standard violation and NCGS 143-215.1(a)(6) by
failing to apply for permits necessary to make the outlets evidenced by solids in
the stream. Attached photographs taken by DWQ staff document the described
violations.
3. The effect on ground or surface water quantity or quality or on air quality;
Adverse impacts to waters have occurred from the activities at this site.
Violations of quality standards for settleable solids and loss of best use were
documented in the unnamed tributary to East Prong Hunting Creek.
4. The cost of rectifying the damage;
Damage to the aquatic habitat from the covering the streambed and increased
bank erosion with associated deposition of sediment in the receiving stream
are costs to the environment. The main cost of rectifying the damages would
result from the removal of dam in the receiving stream.
5. The amount of money saved by noncompliance;
Unknown
6. Whether the violation was committed willfully or intentionally;
After receipt of DWQ's letters dated January 27, 2005 and February 8, 2005,
one could reasonably infer that violations existing on April 14, 2005 and
August 26, 2005 were intentional.
7. The prior record of the violator in complying or failing to comply with programs
over which the Environmental Management Commission has regulatory authority;
DWQ's ARO has had no previous experience with either Richard W. Sena or
Harriet A. Sena.
8. The cost to the State of the enforcement procedures.
Jim Reid 10 Hours total $ 322.00
Mileage 186 miles @ .31/mile 57.72
Administrative Cost 100.00
Total $ 479.72
9. Type of violator and general nature of business (i.e. individual vs. large
corporation):
Richard W. Sena and Harriet A. Sena are individual property owners.
10. Violators degree of cooperation (including efforts to prevent or restore or
recalcitrance):
Based upon written information provided the property owners,they have proved to be
uncooperative (see attached documentation).
11. Mitigating circumstances:
No mitigating circumstances are known to this office.
---STATE-OFNORTH C-AROLINA --- -NORTH CAR6LINA DEPARTMENT OF
ENVIRONMENT, AND NATURAL
RESOURCES
COUNTY OF CALDWELL FILE No.
IN THE MATTER OF: )
RICHARD W. SENA & ) FINDINGS AND DECISIONS
HARRIET A. SENA ) AND ASSESSMENT OF
CIVIL PENALTIES
FOR VIOLATIONS OF: )
NCGS 143-215.1(a)(6), )
15A NCAC .02B .211(2), )
15A NCAC 2B .0211(3)(c), )
15A NCAC 2H.0501, and )
15A NCAC 211.0502 )
Acting pursuant to delegation provided by the Secretary of the Department of Environment and Natural
Resources and the Director of the Division of Water Quality(DWQ), I, Thomas A. Reeder, Supervisor of
the Wetlands and Stormwater Branch of the Division of Water Quality,make the following:
I. FINDINGS OF FACT:
A. Richard W. Sena and Harriet A. Sena are a"person"under the laws of the State of North
Carolina.
B. Richard W. Sena and Harriet A..Sena are the landowners of record of a tract of property
located on Parker Lane in Burke County.
C. On.January 14, 2005, April 14, 2005, and August 26, 2005,DWQ staff from the Asheville
Regional Office conducted site visits and observed impacts from deposition of materials in
an unnamed tributary to East Prong Hunting Creek.
D. On January 27, 2005 and September 2, 2005, DWQ issued Notices of Violation and
Recommendations for Enforcement to Richard W. Sena and Harriet A. Sena.
E. The narrative standard for conditions related to best usage of surface waters, a water
$urface standard, is set forth in 15A NCAC 02B .0211(2).
F. The narrative standard for settleable solids, a water quality standard, is set forth in 15A
NCAC 02B .0211(3)(c).
Richard W. Sena and Harriet A. Sena
Burke County
Page 2 of 5
G. 15A NCAC 2H .0501 requires certifications pursuant to Section 401 of the Clean Water
Act whenever construction or operation of facilities will result in a discharge into
navigable waters, including wetlands, as described in 33 CFR Part 323.
H. 15A NCAC 2H .0502 states any person desiring issuance of the state certification or
coverage under a general certification required by Section 401 of the Federal Water
Pollution Control Act shall file with the Director of the North Carolina Division of Water
Quality.
M. A review of DWQ files confirmed that no 401 Water Quality Certification or Individual
Permit or Certificate of Coverage to operate under a General Permit has been issued for the
stream impacts that have occurred on the tract
N. NCGS 143-215.1(a)(6)requires permits from the Environmental Management
Commission for making outlets into the waters of the State.
O. A review of DWQ files confirmed that Richard W. Sena and Harriet A. Sena had not
applied for nor received permits required by NCGS 143.215.1(a)(6).
P. Impacts occurred an unnamed tributary to East Prong Hunting Creek, Class WS IV waters
in the Catawba River Basin.
Q. The cost to the State of the enforcement procedures in this matter totaled $ 479.72 .
Richard W. Sena and Harriet A. Sena
Burke County
Page 3 of 5
-Based up6ri-the above Findings of-Facts,—I make the following:
II. CONCLUSIONS OF LAW:
A. Richard W: Sena and Harriet A. Sena are a"person"within the meaning of G.S. 143-25.6
pursuant to G.S. 143-212-(4).
B. The unnamed tributary to East Prong Hunting Creek constitutes waters of the State within
the meaning of G.S. 143-212(6).
C. On January 14, 2005, April 14, 2005 and August 26, 2005, DWQ Staff documented that
Richard W. Sena and Harriet A. Sena violated 15A NCAC 02B .021.1(2)by the impact to
approximately 15 linear feet of an unnamed tributary to East Prong Hunting Creek from
placement of fill material. These observations depict removal of best use, a standard set
forth in 15A NCAC 2B .0211 (2).
D. On January 14, 2005, April 14, 2005 and August 26, 2005,DWQ observed that Richard
W. Sena and Harriet A. Sena violated 15A NCAC 02B .0211(3)(c)by the impact to
approximately 15 linear feet of an unnamed tributary to East Prong Hunting Creek from
the placement of solids to a depth of 4-5 feet. These observations depict solids
violations, a standard set forth in 15A NCAC 2B .0211 (3)(c).
E. On three (3) occasions, Richard W. Sena and Harriet A. Sena violated 15A NCAC 2H
.0501 and 15A NCAC 2H .0502 by impacting approximately 15 linear feet in a stream
without first applying for and securing a state certification or coverage under a general
certification required by Section 401 of the Federal Water Pollution Control Act.
F. Richard W. Sena and Harriet A. Sena failed to apply for or secure the permit required
under G.S. 143-215.1(a)(6).
G. Richard W. Sena and Harriet A. Sena may be assessed civil penalties in this matter
pursuant to G.S. 143-215.6A(a)(2), which provides that a civil penalty of up to twenty-five
thousand dollars ($25,000.00)per violation may be assessed against a person who violates
any classification, standard, limitation, or management practice established pursuant to
G.S. 143-215, 143-215.1, 143-215.3.
F. Richard W. Sena may be assessed civil penalties pursuant to G.S. 143-215.6A(a)(6)which
provides that a civil penalty of not more than twenty-five thousand dollars ($25,000.00)
per violation may be assessed against a person who violates a rule of the Commission
implementing this Part, Part 2A of this Article, or G.S. 143-355(k).
G. Richard W. Sena and Harriet A. Sena may be assessed civil penalties in this matter
pursuant to G.S. 143-215.6A(a)(2), which provides that a civil penalty of not more than
twenty-five thousand dollars ($25,000)per violation per day may be assessed against a
person who is required but fails to apply for or to secure a permit required by G.S. 143-
Richard W. Sena and Harriet A. Sena
Burke County
Page 4of5
215.1, or who violates or fails to act in accordance with the terms, conditions, or
requirements of such permit or any other permit or certification issued pursuant to
authority conferred by this Part.
H. The State's enforcement cost in this matter may be assessed against Richard W. Sena and
Harriet A. Sena pursuant to G.S. 143-215.3(a)(9) and G.S. 143B-282(b)(8).
I. The Supervisor of the Wetlands and Stormwater Branch of the Division of Water Quality,
pursuant to delegation provided by the Secretary of the Department of Environment and
Natural Resources and the Director of the Division of Water Quality, has the authority to
assess civil penalties in this matter.
Based upon the above Findings of Fact and Conclusions of Law, I make the following:
III. DECISION:
Accordingly, Richard W. Sena and Harriet A. Sena, are hereby assessed a civil penalty of:
$ for of the three (3) violations on January 14, 2005, April 14,
2005, and August 26, 2005 of 15A NCAC 02B .0211(2) for.removal
of best usage of surface waters by placing waste and solids in a
stream.
$ for of three (3)violations on, January 14, 2005, April 14,
2005, and August 26, 2005 of 15A NCAC 02B .0211(3)(c) from the
deposition of waste and solids in a stream, settleable solids standard
violations.
$ for of three (3) violations,by failing to secure a Water
Quality Certification according to 15A NCAC 2H .0501 and 15A
NCAC 2H .0502.
$ for of three (3) violations,by failing to secure a permit
according to NCGS 143-215.1(a)(6).
$ TOTAL CIVIL PENALTY, authorized by G.S. 143-215.6A.
$ 479.72 Enforcement Cost
$ TOTAL AMOUNT DUE
As required by G.S. 143-215.6A(c), in determining the amount of the penalty I have considered the factors
listed in G.S.14313-282..1(b), which are:
Richard W. Sena and Harriet A. Sena
Burke County
Page 5 of 5
(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.
(DATE) Thomas A. Reeder
Supervisor, Wetlands & Stormwater Branch
Division of Water Quality
Y a C
NOV 15 2005
NCDENRWATER QUALITY SECTION
' 4*E0EEE_R C'IAL OFFICE
North Carolina Department of Environment and , esot °� I
Division of Land Resources 'n y� ,
James D. Simons, PG, PE Land Quality Section Michael F. Easley, Governor
Director and State Geologist William G. Ross Jr., Secretary
November 14, 2005
NOTICE OF VIOLATIONS OF THE
SEDIMENTATION POLLUTION CONTROL ACT
CERTIFIED MAIL 7004-0750-0000-2593-3829
RETURN RECEIPT REQUESTED
Lee and Zora Chapman
Lee Chapman ET AL
2854 US Hwy 64
Morganton, NC 28655
RE: Project Name: Chapman Property
Project ID: BURKE-2006-019
County: Burke
Compliance Deadline: December 14, 2005
Days from`Receipt: 30
Dear Sir or Madam:
On November 8, 2005, personnel of this office inspected a project located off of Watermill-Glen
Alpine in Burke County,North Carolina. This inspection was performed to determine
compliance with the North Carolina Sedimentation Pollution Control Act (Act) of 1973. The
inspection revealed a land-disturbing,activity bf on
2+ acres being conducted.
It is our understanding that you and/or your firm are responsible for this land-disturbing activity.
The purpose of this letter is to inform you that this activity was found to be in violation of the
Act, G.S. 113A-50 to 66, Title 15A,North Carolina Administrative Code (NCAC), Chapter 4. If
you feel that you are not responsible for the following violations,please notify this office
immediately.
The violations that were found are:
Failure to file an erosion and sedimentation control plan with this office at least 30 days prior to
beginning a land-disturbing activity on a tract comprising more than one acre, when more than
one acre is to be uncovered, failure to secure this office's prior approval of the plan for any land-
disturbing activity prior to beginning the land-disturbing activity. G.S. 113A-54(d)(4), G.S.
113A-57(4) and 15A NCAC 413.0107(c). Roads have been graded on the project site. The site
Asheville Regional Office
2090 US Highway 70, Swannanoa, North Carolina 28778 - Phone: 828-296-4500/FAX: 828-299-7043
r
r
—disturbance—is-in-e-xeess-off aer-es.No-er-osion-contr-ol-plan-has-been-fi-led-wi-th-this agency prior to initiating the land disturbance.
Failure on a tract of more than one acre, when more than one acre is uncovered, to install
sedimentation and erosion control devices sufficient to retain the sediment generated by the land
disturbing activity within the boundaries of the tract during construction upon and development
of the tract. G.S. 113A-57(3). Sediment from the project site has entered a natural watercourse
traversing'the property. Adequate sediment and erosion control measures have not been
provided onsite.
Failure to take all reasonable measures to protect all public and private property from damage by
such land-disturbing activities. 15A NCAC 4B.0105. A pipe and fill material have been placed
in the stream channel. No erosion and sediment control measures have been provided at the
creek crossing. Also, ditchlines have been graded which discharge directly to the creek. A high
potential exists for additional off site sedimentation damage to the creek during a.run-off
producing rainfall event.
Failure to retain along a lake or natural watercourse a buffer zone of sufficient width to confine
visible siltation by natural or artificial means within the 25 percent of that portion of the buffer
zone nearest the land-disturbing activity. G.S. 113A-57(1). A pipe and fill material have been
placed in the stream channel. No buffer zone has been provided at the creek crossing.
To correct these violations, you must:
An acceptable erosion and sedimentation control plan must be filed with and approved by this
office and implemented on the site sufficient to prevent off-site sedimentation. Until the
required plan has been approved, temporary measures must be provided immediately to control
erosion and prevent sedimentation damage. Any additional land-disturbing activities conducted
without an approved erosion and sedimentation control plan will constitute additional violations
of the Act. We will notify you following our review of the plan if additional measures are
required.
The penalty for an initial violation could be an assessment of up to $5,000.00. A time period for
compliance is not required for enforcement of this violation pursuant to NCGS 113A-61.1(c) and
NCGS 113A-64(a)(1). Therefore, the initial violation may be referred to the Director, Division
of Land Resources, for appropriate action.
Please be advised that if these violations are not corrected within 30 days of receipt of this notice
or before December 14, 2005, whichever term is longer, the Director, Division of Land
Resources, will be requested to take appropriate legal action against you pursuant to NCGS
113A-64. That action could be the assessment of a civil penalty, and the amount may be up to
$5,000.00 per day for each day of the violation. The penalty may be assessed from the date of
the violation,NCGS 113A-64(a)(1). If the violations are corrected within the time period
specified for compliance, no further legal action will be pursued.
Please be advised that any new land-disturbing activity associated with this project should not
begin until the area presently disturbed is brought into compliance with the Act. When
corrective actions are complete, you should notify this office so that work can be inspected. You
should not assume that the property is in compliance with the Act until we have notified you.
After installation, all erosion control measures must be maintained in proper working order until
the site is completely stabilized.
We solicit your cooperation, and would like to avoid taking further enforcement action. At the
same time, it is your responsibility to understand and comply with the requirements of the Act.
Copies of the relevant statute and administrative rules may be examined at this office or will be
sent to you upon request. Should you have questions concerning this notice or the requirements
of the Act please contact either Alison Davidson or me at your earliest convenience.
Sincerely,
Jac �y
J net S. Boyer
L nd Quality Section
Enclosures: Sedimentation Inspection Report
Financial Responsibility Form
Erosion Control Plan Checklist
cc: State Sedimentation Specialist
Regional Water Quality Supervisor
Case#
SEDIMENTATION INSPECTION REPORT
NORTH C 4ROLINA DEPARTMENT OFENNIRONMENTAND NATUML RESOURCES
— — LEWD-QUALI-7-Y-SEC-T-ION.-2090-U_S.-Hwy._7-0,-Swannanoa1VC287.7-8_(828)_296-4500 __
County b t c �-�= Project: •✓,2� c o C'.( k River Basin .-
Person Financially Responsible: n "'_ Project#
Address: f L N
�+zt
1. Project Location l to-v Pictures: No❑ Ye Prints Prints❑ Slides❑ Digital ° Video❑
2. Weather and Soil Conditions C \
3. Is site currently under notice of viol tion? Yes❑; •No-
4. Is the site in compliance with'the S.P.C.A.and the rules? /�' Yes❑ No)y If no,check violations below:
5..,Violations:
�l a. No approved-plan,G.S.113A-57(4)and 15A NCAC 413:0107(c) tg. Inadequate buffer zone,G.S.113A-57(1)
'�❑b. Failure to follow approved plan,G.S.113A-61.1 ❑h. Graded slopes and fills too steep,G.S.113A-57(2)
❑c. Failure to submit revised plan,G.S.113A-54.1(b)and or 15A NCAC 4B.0124(d)
15A NCAC 4B.0118(a) ❑i. Unprotected exposed slopes,G.S.113A-57(2)
❑d. Failure to provide adequate groundcover,G.S.113A-57(3)and ❑j. Failure to maintain erosion control measures,
15A NCAC 4B.0107(b)or 15A NCAC 4B.0124(e) 15A NCAC 4B.0113
Insufficient measures to retain sediment on site,G.S.113A-57(3) ❑k. Other(describe)
Failure to take all reasonable me ures,15A NCAC 4B.0105
6. NPDES Permit Violation? Yes4 No❑ Describe
7. Has sedimentation damage occurred si ce4ast-i speetiem?,:�'<t, ; ;Yes If yes,where?(check all that apply): No ❑
Lake/natural watercourse on the tract! Lake/natural watercour e off the tract- Other property ❑
Description:'� }•._ •[1.."� k'Y L't r•;�` /�?,w, tt r- )n- -i t-J�.i: r.> t'�•,[ 'z:. c •,i t �� .�t-.
Degree of damage: Slight Moderate❑ `Severe❑ '1'
8. Contact made with(Name) (Z.. ,> r :a Y' Title
Inspection Report given❑ or sentJa to Person Financially Responsible Date given/sent 1 Y_)
9. Corrective actions needed:
�� / �`�'tY'lY'\.1 t� �i_rt ( �� �( � !' ' 1 �!7 C1 y°iv. r� .��yli.. \•``�...,,,�,.1 .!."�.- (�.'),�' r 1<�>''1 L•r.� ^ �-�+�.',.. \-.t t;.
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Report by: y f%T 'i }•�: "7->_ Others present
Date of Inspection: _ I/0 Time arriving at site: / fin Time leaving site: ! �
cc: ,
White Copy to File Yellow Copy to Owner Pink Copy to Environmental Technician
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Incident in Burke County (VALDESE) on 07/30/2005 12:19:12 PM Page 1 of 1
NC Division of Emergency Management
Emergency Report Form (Rev 2.0)
Taken by: C Tant Date Reported: 07/30/2005 Time Reported: 12:16 PM
Date Occurred: 07/29/2005 ITime Occurred: 01:30 PM
Reported by: Eddie Woods Agency: Valdese Manufacturing Phone: 828-443-8969
County: Burke City: VALDESE IFEM Area: W 13
EVENT TYPE
Weather Event: HazMat Event: Non-Hazmat Spill
Wx Event Name: HazMat Class: Other
HazMat Mode: Fixed Facility
FNF Event: Non-FNF Event: SAR Event:
FNF Type:
FNF Class:
Fire Event: Complaint: 7-7
OTHER EVENT:
Event Description: A fork lift was moving a 250 gallon tote filled with Cekapene DAD (detergent used in the dying process)when
it punctured the container. Half of the product spilled out into the plants storage area. Crews conducted clean up and plant
employee's checked along dye Branch Creek for any possible contamination, nothing was seen.
However some of the product did escape the plant grounds through a storm water drain and entered Dye Branch Creek which
flows over McGuailled Falls. This is were the product was found by employees of the Town Valdese. The water and undergrowth
agitated the water and this produced a foam. Officials from the Plant rechecked the creek and found small fish along the creek
that had been killed and other small fish and the bottom of the falls. The Town of Valdese roped off the area and the Plant
contacted STAT Inc to inquire if they had defoamer, they also advised they would contact Local EM to see if Hazmat crews had
' any defoamer.
Attachments:
Deaths: Injuries: Evac: Radius:
Responsible Party: Valdese Manufacturing JIRP Phone: 828-874-2151 (ext 250)
Point Of Contact: Eddie Woods POC Phone: 828-443-8969
Event Location: 312 Columbo St.
Latitude (decimal degrees ) (NC inland range is 33.840 -36.588 degrees. Values outside these parameters may be used.)
Longitude (decimal degrees) (NC inland range is 75.460-84.322 degrees. Values outside these parameters may be used.)
USFS Bloc k-Sq uare-Point System: Block= S uare= Point=
RRT Request: No RRT Mission No. : RRT Team Number:
COUNTY AGENCIES
LEMC: SO: PD: LFD: CHealth: Sewer: PWRK:
Other Local Agencies:
STATE AGENCIES
A/C: A --]SHP/SWP: Env. Mgt: Water: DRP: CAP: DOT: DMV:
Other State or Federal Agencies:
Notes: 1215 -A conf call between John w/ DWQ and Eddie Woods at the plant was conducted.
1236 - Mike Cook Paged
1237 - Mike Cook briefed
1243 -Wayne Mundt w/ Public water paged
EM Hours: SAR Hours: Call#:
http://149.168.212.17/EM_live/EMReport.NSF/b66533df2a86c4Ob852566e1007f74l d/360216e46ea79124... 8/1/2005
G RAG— ��� �-�rT � R C�
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Meridian Dyed Yarn Group
312 Colombo Street •a P.O.Drawer 10 • Valdese,NC 28690-0010
Phone:828-8y. 2 1 (II Far82$-f4R157 L L III. IIJJ L� ,, 1
NC Dept. of Environment&Natural Resources August 1, 2005
ATTN: Mr. Roy Davis I �I I}) _ $ 20(1)
2090 US Highway 70
Swannanoa,NC 28778
WAI GI=1 CAI)A1 ITY S I CTION
A`,I Viur- OM„L OF_-ICE
Dear Mr.Davis:
As discussed on Saturday, the spill of CEKAPENE DAD within the storage area for totes resulted in a release of
approximately 75 — 100 gallons of the chemical. CEKAPENE DAD is a colorless, odorless liquid with a health
hazard rating of"1". Enclosed is the MSDS Information Sheet for the chemical.
Containment berms of concrete to protect any spills form entering the storm drains within the room apparently
failed to prevent seepage into the drains. The bulk of the spill was contained, captured within absorbent pads and
socks, and stored within containment drums to be disposed of in an appropriate manner.
Before and during the clean-up of the spill it was raining and drainage water was flowing within the drains that
passed through the area. Since the material was clear in color and caused no discoloration or other evidence of
contamination, the clean-up was considered completed. The storm water drains and ditches leading to the creek
were checked and no signs of contamination were observed.
Saturday morning, Chris Bortnick, Director of Laboratory Operations for the Town of Valdese, reported that an
incident of foam at the base of McGalliard Falls had been reported. After further investigation, it was determined
that approximately 50 gallons may have escaped the dikes and berms within the room of the spill. Since the
chemical was colorless and odorless, it was not observed escaping within the rain run-off during the clean-up.
A trip to the Falls showed a pool of foam at the bottom of the falls that was approximately 12 inches thick. The
foam was blocked from escaping the pool by rocks and shrubs at the edge of the pool where the water left the falls.
The water runoff had very little foam. Above the falls where the water was smooth flowing, there was no foam.
Apparently, the water traveling over the rocks caused the foaming which magnified as it continued down stream
and over the falls.
An inspection Sunday, revealed that 70 to 80 percent of the foam had dissipated due to a heavy rain fall on Sunday.
An inspection Monday morning appears that the Falls have returned to normal. There was no build-up of foam in
the pool at the bottom of the Falls.
The tote storage is being rearranged to move the full totes of chemicals further away from tow motor traffic. Also
the drain berms are to be sealed with sealant to prevent any liquids from escaping into the drains. A possibility is
being considered to seal the drains completely since they serve no useful purpose with a 4" berm surrounding the
open drain.
If further information is needed, please contact me at 828-874-2151, ext. 250 or ewoods@mdyg.com.
Eddie Woods
Environmental Manager
Astro Dye Works Meridian Specialty Yarns Valdese Manufacturing Co.
920 Oothcalooga Street 212 East Virginia Avenue 312 Colombo Street
P.O.Box 788 F.O.Box 777 P.O.Drawer 10
Calhoun,GA 30703 Bessemer City,NC 28016 Valdese,NC 28690
Tel.706.629-2224 Tel.704.629-6263 Tel.828-874-2151
Fra7xl 800-2�41-442205 Fax 704-629-3041 Fax 828-874-1555
SPILL INCIDENT REPORT
Company Name: Valdese Mfg. Company Date: August 1 , 2005
Date of Incident: July 29, ' glame/Titie of Person Completing Report: Eddie Woods, Env. Manager
Name/Title of Person Who Discovered Spill:Edward Laughridge�,, Tow ryMotor Operator
1 3 :xczt<Nf��<<r�r,
Name(s) Agency(s) Name(s) u Agency(s)
___Chris__Bortnick,_._... _Town, of Valdese.
_ _...._
Derr Leonhardt Leonhardt Env. Sery ces
RoV Davis NC Div. of Env. Mgt
IVA7UR .OF. pl L(chi
Leaks ❑ Overfill ❑ Broken Line❑ Equip. Failure ❑ Mech. Equipment Mis ap ❑ Otherg
Type of Material Spilled: CEKAPENE DAD (Non-ionic surfactant) Amount of Material
Spilled(gals or Ibs.): 75 - 1 0
Location of Spill: inside tote storage area inside plant gallon
H RE>' ID;SKILL G0? fi46kppll ibte'i ►ic) ,. r, r"tx.
Sewer❑ Storm Drain& Body of Water(creek,river,etc.)$] Soil❑ Concrete or Asphalt ❑ Other ❑
Did the Spill Leave the Site? Yes Ej No❑
Describe the Spill (attach additional pages if necessary) A tow motor fork punctured the tote tank. The tote.
was placed on-its side but the top fill cap came off and teh material drained until the cap
could be re-attached. Inside the room are 2 storm drains that have a 4" concrete wall. around
them to prevent any leaks from getting into the stormwater drains. Apparently one of the
concrete walls failed to hold back the liquid. Since it was a clear liquid, it was not noticed.
There was no evidence of a spill seen outside the plant after the clean-up. The notice was
reported Saturday morning in the form of foam building up at the bottom of McGalliard Falls.
After discussion with Roy Davis, it was decided not to add any other chemicals to kill the
foam but to let naturtel run its course. Today the foam is gone from the falls.
of [at�"rr yfnr� S GY 7ytit.j,. :, { r,�
„ f?errZi�'�d Pua+ fi�l1 fib', Ji'l4 [(: .> i it rftr 1!�' 2;
1�
Describe the Steps Taken to Clean-Up Spill
Absorbent MateriatE3 Sand or Dirt ❑ Booms or SocksxU Excavations❑ Berm or DikexB Other❑
Explain: The above material was employed to contain and clean up the spill. The material was
collected and placed inside a drum for disposal. The drains and creek were checked with no
contamination seen.
Estimated Cost of Clean-Up:
Were the Steps Taken Adequate to Minimize the Impact of the Spill?YesAU No ❑
131sus rz C9rfi 3f� 'kS4" •. 7; ; 4
1'�l 'h�13S�k 1411�'s�t INI >e�./rk� t 5 1.,'•, �Y . NTRr Li+ a
Was the Response in Accordance with the SPCC Plan? Yes U No❑
Recommendations for Improvements to the SPCC Plan: Notify the Town of Valdese if there is any
chance that a chemical has escaped the premises. Not seeing a chemical in a drain line
that has water from a rain run-off does not necessarily mean that a spill has not entered
if the spill occurs near an open drain even! if it has a dike surrounding it.
°5. o `ayt. rl cef+,,
S . Y M, Trf !-tl
I certify that to the best of my knowledge the information in this report is accurate and complete.
SignaturPiDatib
Cekal Specialties, Inc.
101 Brickyard Rd., Mt. Holly, NC 28120 USA
Phone 704-822-6206 e FAX 704-822-6641
888-CEKALCOMPANY 0 888-236-2526
MA'CWAL SAFTI Y nATA SHOT'
CHKAPENS DAU
SBCrtON 1. Chemical Product and Company Identification
TRADENAME:CEKAPENL DAD
SUPPLIFIt:Cdkal SPCclaldcs,Jnc./PO Box 788/101 Brickyard Road/Mt.HoQv.Nc 2RI20
PHONE NVMEIL' 704-822-6206
FAC8INl11.4r NUMB 704-Sn-W1
EMb11.w4CX NT7MBIIR CMM REC: 800.424-4300
.4BCY'lON 2.Cor4oddon and Infomttdoo on lWedicnts
PEOPHOCANY i0fbimation.Al ITeal O&M it§MOMA4jifervidod.
3LCftON 3.Raztada Idwifioatiou
T? PEC:TS OI,'OVGRFXPORUREi 1NC STION-Cau;es)•,a91t1W dlsturbanaas. 3KiN CONTA(,'T'-Overexposure oW ranee irritation. INNS.CONTACT-Ovetox;ioxure
comae itritatirrp st' M
M and rCdacsa. 1N I tA1.ATTON-Nano Keowtt.
SECTION 4, I rust.Aid Measutax
1NCI ST[ON:Tfvielipt is oomclutts and able to awaIloW.quickly Gave victiat ddrtll W.y. DO NOT&a sodhtm bicarlxmato Quit,juices or vlaegar. NIL VER give anything
by mouth il'victim bt hatvi116 couvuiswruc or is anoonselous. IndWe vomiting oply Edirocttxl by a physician
3W N GOM'AC. -, Initucdistoly 9uxh skin with plenty of water. Launder aontsulu►atcJ cludrmg pri�rc to reuao,
EYE CONTACT-b mxdiatcly!lash oye%with 0001 wskx foe at lows 15 rninutea.DO 1401'rub eyes. Get to noadiato medical attondon.
INHALAT.ION: IulnmediSICIV rtvnrwe victim to f gh air.If brbalh' has C atimt6l respiration.Get inmtodiah;medical attention,
LM-CTNT
Rc W=00 U31TD:ItorIC C,O.C.
EX'I'lN(AJl9EWGMEDIA: Ware,COt,foam or dry chemical.
Plltl:11G'EMGPROC,.Di1Rf;S R:PRECAUM14S: Clse water to koop fzm-oxpo%od cantaitass 000L Water spray mzyha used to&prasu vaTmx and to Qtwh spills away
from lire.Avoid smoke and f6mov, in the possibility of expartue to smoke,fiuner,or decompoahlou PMda'L%fire-tiPAtsre should wvas sulf-oontained bjvmWtig sppamins
ti is the C R=ura"Wdo w tL a full face G ce.Runadffiom 13te control ntay cause lhriioa
EI'ION 6.Acoiticatal Rcleaxa Meamm
W oat appwprinto protective ogo4awm as dvsGribed in SECTION S. When posxible omislu apilh:d material and oolleot ming absorb9d media.Trmsfer inotx.
The ruses should determine i f uncetwollod relow4n to the cavimument am m ble to so to tab �
SECTION 7. liaodting and Storspc
Mmaterial ie t=%fattnrl fom ocighwI container avoid expatum to liquid or fwmeS,Conlaiocr stability and compatibility should be delermined prior to trausfcr of this pro
eapcelaliy ifthe now co,R docz`iS oxotTrized nt alterpsto cori4Cuction mata&ls. Avoid stomp at temperntnres rhea 3 MOW. below 30Ut aztd above 10t11 IF. Avoid etorabv forpvriodx longer
MarlON V.F.Ypomo Controlx dt Petxonsl Protection
VE14111l f10N- Eocal exhaust r000unocndatl,madmicalexhanateeoeptablc.
RESPIRATOICYPROUCTION:Avoid breaihingmistorvapos.
SKIN PROT1111=01J: tmpetvious plavm apton,and bw t moommuded.L+YR PRC71'RC l'IONt C•h�ynical aalcty gagglex ot side ahle►d dsfctY gle9a s recomunended.
OTHER:S %hewer arid aw fovatids Aoald be xvailsble,
1
SECTION 9.Plyeical and Clttinical Pnrywmitm M
'Y-.a-iLOUNI.KV IJ A S�C C
Ball)ag Polm 2120F
Spochic Gravity 1.0
Soluhuity W WMe. C:wreplole
Appearmao Colorless liquid
Odor polycdwr
ttECIION 10. Stabt'h'ty and Reactivity
STABILITY; Generally ktable.
HAZARDOUSPO'LYWRIZ.AMM: Now likely.
CONDITIONS&MA17:IUAL.TO AVOID: Nonekmewn.
R4ZARDOUS DECOMPOSITION PRODUCTS: C:abon oxides.
11 SEK"VION 11.ToxQogical Information
No data.
SECTION 12.Roologloal ldimnadon
No data.
SIX7170N 13. DirpwAl rousideradoarw
All rtdeveac tmtea)al sboeld he paabdod,lsboled.tamponed.sod dsMed orrecta'nni:d in confuffmancs whh applicable tawr,and ravdatioos and jD oorbm mane widk good
ongkoctigkg ctiocs. Avoid kodlintS of 1i uidr.Ibwialm whew Wubla,
SECTION 14.Trampott lutbnhatioe
DEPARTmr,w OF TRANSLtO(t1WKION CLASSIMAT1ON: Not replated.
SECTION 13. Regulatory Information
TSCA COMPLIANCII: All canponerta l;,tea
SARAr1T1'LE III C2NOL ANCE:Not ro lard.
Sp(170N 16.OcherInlbrntatiom
MA RATINQS: IICALT71 p1.AMMABU," REACTIVITY rR0'tE:Cr1VE EQUIPMENT
I 1 0 C
RATINOCIIAR'1':o-MloimA)1-SIjp.At 2-Modcreto 3-Scrious 4 E,Urocac
0-Safely daro.",fjovm spt otia apron
Ruviwsd August 1,ZOOS.
State of North Carolina
Department of Environment
and Natural Resources
Asheville Regional Office
Michael F.Easley, Governor
William G.Ross,Jr., Secretary NCDENFZ
Gregory J.Thorpe,Ph.D.,Acting Director NORTH CAROL-INA DEPARTMENT OF
Division of Water Quality ENVIRONMENT AND NATURAL RESOURCES
WATER QUALITY SECTION
May 29, 2002
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Gregory Howard
209 Shuping Street
Morganton, North Carolina 28655
Subject: Notice of Violation and Notice of
Recommendation for Enforcement
Paddy Creek near Highway 126
Burke County
Dear Mr. Howard:
The Asheville Regional Office of the Division of Water Quality is considering sending a
recommendation for enforcement action to the Director of the Division of Water Quality. The
recommendation concerns the violation by Gregory Howard of North Carolina General Statute 143-
215 and North Carolina Administrative Code Title 15A:02H.0500 for failure to secure certification
prior to placement of fill material in Paddy Creek.
On April 3, 2002, staff of the Division of Water Quality observed that fill material had been
placed in and along Paddy Creek. Placement of fill into waters or wetlands requires certification
from the Division of Water Quality as described at the above quoted section of the North Carolina
Administrative Code. During a telephone conversation with an employee of this agency, you
stated that construction of a trout farm was anticipated on the site; construction of an intake for
water from a stream would also require certification from this agency.
If you have an explanation for this violation that you wish to present, please respond in
writing to me within ten (10) days following receipt of this Notice. Your explanation will be reviewed
59 Woodfin Place,Asheville North Carolina 28801 Telephone 828-251-6208 FAX 828-251-6452
An Equal Opportunity Affirmative Action Employer 50%recycled/10%post-consumer paper
Gregory Howard
May 29, 2002
-- -Page-Two ---
and if an enforcement action is still deemed appropriate, your explanation will be forwarded to the
Director with the enforcement package for his consideration.
If you have any. questions concerning this matter, please contact Mr. James Reid at
828/251-6208.
Sincerely,
;br4rest R. estall
Water Quality Regional Supervisor
xc: Point Source Compliance/Enforcement Unit
James Reid
59 Woodfin Place,Asheville North Carolina 28801 Telephone 828-251-6208 FAX 828-251-6452
An Equal Opportunity Affirmative Action Employer 50%recycled/10%post-consumer paper
Sf tte of North Carolina
Department of Environment
and Natural Resources A
Asheville Regional Office 0---% 4Vi'
ANNNIIIIIIIIII
Michael F.Easley, Governor NCDENVI
William G.Ross,Jr., Secretary
Gregory J. Thorpe,Ph.D.,Acting Director NORTH CAROLINA DEPARTMENT OF
Division of Water Quality ENVIRONMENT AND NATURAL RESOURCES
WATER QUALITY SECTION
April 8, 2002
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Gregory Howard
209 Shuping Street
Morganton, North Carolina 28655
Subject: Notice of Violation and Notice of
Recommendation for Enforcement
Paddy Creek near Highway 126
Burke County
Dear Mr. Howard:
The Asheville Regional Office of the Division of Water Quality is considering sending a
recommendation for enforcement action to the Director of the Division of Water Quality. The
recommendation concerns the violation by Gregory Howard of North Carolina General Statute 143-
215 and North Carolina Administrative Code Title 15A:02H.0500 for failure to secure certification
prior to placement of fill material in Paddy Creek.
On April 3, 2002, staff of the Division of Water Quality observed that fill material had been
placed in and along Paddy Creek. Placement of fill into waters or wetlands requires certification
from the Division of Water Quality as described at the above quoted section of the North Carolina
Administrative Code. During a telephone conversation with an employee of this agency, you
stated that construction of a trout farm was anticipated on the site; construction of an intake for
water from a stream would also require certification from this agency.
If you have an explanation for this violation that you wish to present, please respond in
writing to me within ten (10) days following receipt of this Notice. Your explanation will be reviewed
59 Woodfin Place,Asheville North Carolina 28801 Telephone 828-251-6208 FAX 828-251-6452
An Equal Opportunity Affirmative Action Employer .150%recycled/10%post-consumer paper
i
Gregory Howard
April 8, 2002
----- Page wo --- --- _ - -- - --._._ ._----
and if an enforcement action is still deemed appropriate, your explanation will be forwarded to the
Director with the enforcement package for his consideration.
If you have any questions concerning this matter, please contact Mr. James Reid at
828/251-6208.
Sincerely,
'A4,03, AW
Forrest . Westall
Water Quality Regional Supervisor
xc: Point Source Compliance/Enforcement Unit
James Reid
59 Woodfin Place,Asheville North Carolina 28801 Telephone 828-251-6208 FAX 828-251-6452
An Equal Opportunity Affirmative Action Employer 50%recycled/10%post-consumer paper
West Consultants, PLLC
W--Anp, tpn8.i�zerLd
November 18, 2002
Mr. Jim Reid
NC Division of Water Quality
Interchange Building
59 Woodfin Place
Asheville,NC 28801
RE: Howard Houck
Burke County,North Carolina
Dear Jim:
Please note that I have e-mailed a photo of the site as reviewed on Thursday,November 14, 2002.
In reviewing the site, I did not find evidence that work was done in the creek. Work was done on the
downstream face of the existing dam. Mr. Houck explained that he used a mix of stone, material and
concrete to establish the embankment. I advised Mr. Houck that he should notify the US Corp of
Engineers if he has to do work within the existing stream channel. This is also noted in the letter of May
18, 2002. Mr. Houck seems assured that the embankment is secure as constructed. No field or core
samples were taken—only observation.
Please review the above and the photo. If you have questions concerning these, please let me know.
Sincerely,
WEST CONSULTANTS, PLLC
hester R. West, P.E.
CRW/kj vaa 3ar4,xjj
cc: Howard Houck,
;_. Nov 2 0 2002
405 S. STERLING ST. MORGANTON, NC 28655 • 828-4$3-5661 FAX: 828-433-5662
Aw*'A
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
February 11, 2005
Mr. Ned Coffey ® E E 19 E
4905 Duckworth Circle
Morganton,North Carolina 28655 FED 1 6 2005
RE: Repair Plan WATER QUALITY SECTION
Coffey Dam ASHEVILLE REGIONAL OFFICE
BURKE-026
Dear Mr. Coffey:
This is to acknowledge receipt of your application dated February 4, 2005 for the repair of the
subject dam. The application was received in our office on February 11, 2005. 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 Mr. Michael Goodson, CPESC,Acting Regional Engineer at telephone number
(828) 296-4500; Ms.Tami Idol, EI, Assistant State Dam Safety Engineer; Mr. W. Hubert
Hawkins,PE, Assistant State Dam Safety Engineer; Mr. Bill Denton,EI, Assistant State Dam
Safety Engineer, or myself at telephone number(919) 733-4574 should you have any questions
concerning this matter.
Sincerely,
Maxwell R. Fowler,PE
State Dam Safety Engineer
cc: Mr. Samuel Bingham,PE, Civil Engineer,NRCS
Mr. Roy Davis, Acting Water Quality Regional Supervisor.
Mr. Michael Goodson, CPESC, Acting Regional Engineer
a
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: 919-715-88011 Internet: www.dlr.enr.state.nc,usldlr.htm
An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper
NCDENR
NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
Michael F. Easley, Governor William G. Ross, Secretary
Division of Land Resources, Land Quality Section
James D. Simons, P.G., P.E. Acting Director Richard A. Phillips, P.E., Regional Engineer
NOTICE OF VIOLATIONS OF THE
SEDIMENTATION POLLUTION CONTROL ACT
October 17, 2002
CERTIFIED MAIL - 7000 0600 0025 4981 4059 OCT Z ?ou?
RETURN RECEIPT REQUESTED
Mr. Fred W. Swanson
4172 Temple Hill Church Road
Granite Falls, North Carolina 28630
Swanson Property/Caldwell County/Catawba River Basin
On October 9, 2002, personnel of this office inspected the above referenced property located off Temple Hill
Church Road in Caldwell County. This inspection was performed to determine compliance with the North
Carolina Sedimentation Pollution Control Act of 1973. The inspection revealed a land-disturbing activity of
approximately 3 acres being conducted.
It is our understanding that you and/or your fine are responsible for this land-disturbing activity. The purpose
of this letter is to inform you that this activity was found to be in violation of the Act, NCGS §1 13A-50 to 66,
and Title 1 SA, North Carolina Administrative Code, Chapter 4. If you feel that you are not responsible for the
following violations, please notify this office immediately.
1. Failure to file an acceptable erosion and sedimentation control plan with this office at least 30 days prior
to beginning a land-disturbing activity on a tract comprising more than one acre; failure to secure this
office's prior approval of the plan for any land-disturbing prior to beginning the land-disturbing activity.
and NCGS §1 13A-54(d)(4),NCGS §113A-57(4) and 15A NCAC 4B.0007(c). An erosion control
plan for the project has not been submitted to this office.
An acceptable erosion and sedimentation control plan must be filed with and approved by this office
and implemented on the site sufficient to prevent offsite sedimentation. Pending approval of the plan,
temporary measures must be provided immediately to control erosion and prevent sedimentation
damage. Any additional land-disturbing activities conducted without an approved erosion and
sedimentation control plan will constitute additional violations of the Act. We will notify you following
our review of the plan if additional measures are required.
2. Failure within 15 working days or 30 calendar days, whichever period is shorter, of completion of any
phase of grading to plant or otherwise provide exposed, graded slopes or fills with ground cover, devices,
or structures sufficient to restrain erosion. NCGS §113A-57(2). No ground cover or erosion control
devices or structures have been provided sufficient to restrain erosion on the site.
59 Woodfin Place,Asheville,North Carolina 28801
Telephone 828/251-6208 Fax 828/251-6452&828/251-6098 Internet: www.enr.state.nc.us/ENR
An Equal Opportunity/Affirmative Action Employer-50%recycled/10%post-consumer paper
Page 2
To correct these violations, you must prepare and submit for approval an erosion control plan for the site and
fully implement that plan upon its approval. In the interim pending approval of the plan,you must immediately
provide measures on site sufficient to protect adjacent property and watercourses as there is potential for damage
to occur before a plan can be prepared, reviewed, and implemented.
After installation, all erosion control measures must be maintained in proper working order until development
is complete and the site is completely stabilized.
Please be advised that if these violations are not corrected on or before November 16, 2002, the Director,
Division of Land Resources, will be requested to take appropriate legal actions against you pursuant to NCGS
§1 13A-64. That action could be the assessment of a civil penalty and the amount may be up to $5000.00
per day for each day of the violation. The penalty may be assessed from the date the violation is detected
(NCGS §1 13A-61(a)(1). If these violations are corrected within the time period specified for compliance, no
further legal action will be pursued.
Please be advised that any new land-disturbing activity associated with this project must not begin until the area
presently disturbed is brought into compliance with the Act. When corrective actions are complete, you should
notify this office so the work can be inspected. You should not assume that the property is in compliance with
the Act until we have notified you.
We solicit your cooperation, and would like to avoid taking further enforcement action. At the same time, it
is your responsibility to understand and comply with the requirements of the Act. Copies of the relevant statute
and administrative regulations may be examined at this office or will be sent to you upon request. Should you
have questions concerning this Notice or the requirements of the Act, please contact either Don Holebrooks or
Richard Moore at 828/251-6208.
Sincerely),
Richard A. Phill , P.E.
Regional Engine
RAP/DCH/gc
Enclosures
copy: Mell Nevils, P.E. /
Forrest Westali, P.E�/
D U
TOL)A.
OCT 2 2 04
NCDENR A-- -�
WATER QUALITY SE pTC lI N
ASf-IEVILLE REGI OFFfCE
NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RE50UI� ----
Michael F. Easley, Governor William G. Ross, Secretary
Division of Land Resources, Land Quality Section
James D. Simons, P.G., P.E. Director H. Carson Fisher, P.E., Regional Engineer
NOTICE OF VIOLATIONS OF THE
SEDIMENTATION POLLUTION CONTROL ACT
October 21, 2004
CERTIFIED MAIL - 7004-0750-0000-2590-1583
RETURN RECEIPT REQUESTED
Sidney J. Romero
1119 Connelly Road
Morganton, NC 28655
RE: Romero Property- Burke County
On October 19, 2004, personnel of this office inspected the Romero Property off of Scott Road. This
inspection was performed to determine compliance with the North Carolina Sedimentation Pollution Control Act
of 1973. The inspection revealed a land-disturbing activity of approximately 1 + acres being conducted.
It is our understanding that you and/or your firm are responsible for this land-disturbing activity. The purpose
of this letter is to inform you that this activity was found to be in violation of the Act, NCGS §1 13A-50 to 66,
and Title 15A, North Carolina Administrative Code, Chapter 4. If you feel that you are not responsible for the
following violations, please notify this office immediately.
The violations that were found are:
Failure to file an acceptable erosion and sedimentation control plan with this office at least 30 days prior to
beginning a land-disturbing activity on a tract comprising more than one acre; failure to secure this office's prior
approval of the plan for any land-disturbing prior to beginning the land-disturbing activity. and NCGS §1 13A-
54(d)(4), NCGS §1 13A-57(4) and 15A NCAC 4B.0107(c). An erosion control plan for the project has not
been submitted to this office.
An acceptable erosion and sedimentation control plan must be filed with and approved by this office and
implemented on the site sufficient to prevent offsite sedimentation. Pending approval of the plan, temporary
measures must be provided immediately to control erosion and prevent sedimentation damage. Any additional
land-disturbing activities conducted without an approved erosion and sedimentation control plan will constitute
additional violations of the Act. We will notify you following our review of the plan if additional measures are
required.
NorthCarolina
.Vaturally
2090 U.S. Hwy 70,Swannanoa, NC 28778
Telephone 828/296-4500 Fax 828/299-7043 Internet: www.enr.state.nc.us/ENR
An Equal Opportunity/Affirmative Action Employer-50% recycled/10%a post-consumer paper
- Failure to take all reasonable measures to protect all public and private property from damage by such land-
disturbing activities. 15A NCAC 4B.0105.
T-o correct_thesQ violations,_y_ou_must_prepare-and_submitJo"pproval_an_erosion_control_plan_for_the site and
fully implement that plan upon its approval. In the interim pending approval of the plan,you must immediately
provide measures on site sufficient to protect adjacent property and watercourses as there is potential for damage
to occur before a plan can be prepared, reviewed, and implemented.
If the violations described in this Notice are not corrected on or before November 15, 2004, the Division of
Land Resources may take additional appropriate legal action against you pursuant to NCGS § 113A-64. That
action could be the assessment of additional civil penalties and may result in the initiation of other remedies as
prescribed by the Act. If additional civil penalties are assessed for the violations, the amount may be up to
$5,000.00 per day for each day of the violation pursuant to NCGS §1 13A-64(a)(1). If all violations are
corrected within the time period specified for compliance, additional civil penalties or legal remedies will not be
pursued.
Any new land-disturbing activity associated with this project should not begin until the area presently disturbed
is brought into compliance with the Act. When corrective actions are complete, you should notify this office
so that the work can be inspected. You should not assume that the site is in compliance with the Act until we
have so notified you. In addition,once compliance has been achieved,all installed measures must be satisfactorily
maintained-until development is complete and the site is fully stabilized to avoid further violations of the Act.
We solicit your cooperation, and would like to avoid taking further enforcement action. At the same time, it
is your responsibility to understand and comply with the requirements of the Act. Copies of the relevant statute
and administrative regulations may be examined at this office or will be sent to you upon request. Should you
have questions concerning this Notice or the requirements of the Act, please contact either Ms.Alison Davidson
or myself at 828-296-4500.
Sincerely,
H. Carson Fisher, P.E.
Regional Engineer
HCF/jt
Enclosures: Sedimentation Inspection Report
CC: Gray Hauser, P.E., CPESC
Forrest Westall, P.E.
NorthCarolina
Naturally
2090 U.S.Hwy 70,Swannanoa,NC 28778
Telephone 828/296-4500 Fax 828/299-7043 Internet: www.enr.state.nc.us/ENR
An Equal Opportunity/Affirmative Action Employer-50% recycled/10% post-consumer paper
Case#
NORTH CAROLINA DEPARTMENT OFENVIRONMENTAND NATURAL RESOURCES
LAND QUALI7YSECT ON.• n
County 2 Project: River Basin / '��•
Person Financially Responsible: Project# "—'--
Address:
1. Project Location C Pictures: No�Yes❑ Prints El Slides ElDigital❑ Video❑
2. Weather and Soil Conditions 1 �n"t
3. Is site currently under notice of violation. Yes❑ N��g
4. Is the site in compliance with the S.RC.A.and the rules? Yes❑ No jd If no,check violations below:
5. Violations:
a. No approved plan,G.S.113A-57(4)and 15A NCAC 04B.0107(c) ❑gl Inadequate buffer zone,G.S.113A-57(1)
b. Failure to follow approved plan,G.S.113A-61.1 ❑h. Graded slopes and fills too steep,G.S.113A-57(2)
❑c. Failure to submit revised plan,G.S.113A-54.1(b)and or 15A NCAC 04B.0124(d)
15A NCAC 04B.0118(a) ❑ i. Unprotected exposed slopes,G.S.113A-57(2)
❑d. Failure to provide adequate groundcover,G.S.113A-57(3)and ❑j. Failure to maintain erosion control measures,
15A NCAC 04B.0107(b)or 15A NCAC 04B.0124(e) 15A NCAC 04B.0113
❑ . Insufficient measures to retain-sediment on site,G.S.113A-57(3) ❑ k. Other(describe)
f. Failure to take all reasonable measures,15 NCAC 04B.0105
6. Potential NPDES Permit Violation? Yesd No❑ Describe
7. Has sedimentation damage occurred ' t' sT h es❑ If ves,where?(check all that apply): No t„r, e—
Lake/natural watercourse on the tract❑ ?a jnarural watercourse off the tract ❑ Other property 0 b 5e-y--J
Description:
Degree of damage: Slight❑ Moderate❑ Severe❑
8. Contact made with(Name) Title
Inspection Report given❑ or sent to Person Financially Responsible Date given/ n
9. Corrective actions needed: C
C A �0 m
7 ,r,
-�3 r l
�a C-e 7A
10. Comments: Y-\ C
k-r t \
�`6 � Y1 �
Report by:. a./ik'-� Others present
/ _Time arriving I • �Time leaving site: I d�
Dace of Inspection: g at site:
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NCDENR
NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
Michael F. Easley, Governor William G. Ross, Secretary
Division of Land Resources, Land Quality Section
Charles H. Gardner, P.G., P.E. Director Richard A. Phillips, P.E., Regional Engineer
urn - NUJ
NOTICE OF VIOLATIONS OF THE
SEDIMENTATION POLLUTION CONTROL ACT
September 28, 2001
CERTIFIED MAIL - 7099 3400 0003 5459 9199
RETURN RECEIPT REQUESTED
Benjamin D. U Jackie P. Griffin
606 College Avenue
Lenoir, NC 28645 r '
GRIFFIN PROPERTY/BURKE-2002-011/CATAWBA RIVER BASIN is,
f=yr
On September 25, 2001, personnel of this office inspected the referenced site. This inspection was performed
to determine compliance with the North Carolina Sedimentation Pollution Control Act of 1973. The inspection
revealed a land-disturbing activity of approximately 3 acres being conducted.
It is our understanding that you and/or your firm are responsible for this land-disturbing activity. The purpose
of this letter is to inform you that this activity was found to be in violation of the Act, NCGS §113A-50 to 66,
and Title 15A, North Carolina Administrative Code, Chapter 4. If you feel that you are not responsible for the
following violation, please notify this office immediately
Failure to file an acceptable erosion and sedimentation control plan with this office at least 30
days prior to beginning a land-disturbing activity on a tract comprising more than one acre;
failure to secure this office's prior approval of the plan for any land-disturbing prior to beginning
the land-disturbing activity. and NCGS §113A-54(d)(4), NCGS §113A-57(4) and 15A
NCAC 4B.0007(c). An erosion control plan for the project has not been submitted to this
office.
An acceptable erosion and sedimentation control plan must be filed with and approved by this office and
implemented on the site sufficient to prevent offsite sedimentation. Pending approval of the plan, temporary
measures must be provided immediately to control erosion and prevent sedimentation damage. Any additional
land-disturbing activities conducted without an approved erosion and sedimentation control plan will constitute
additional violations of the Act. We will notify you following our review of the plan if additional measures are
required.
To correct this violation,you must prepare and submit for approval an erosion control plan for the site and fully
implement that plan upon its approval. In the interim pending approval of the plan, you must immediately
provide measures on site sufficient to protect adjacent property and watercourses as there is potential for damage
to occur before a plan can be prepared, reviewed, and implemented.
59 Woodfin Place,Asheville,North Carolina 28801
Telephone 828/251-6208 Fax 828/251-6452&828/251-6098 Internet: www.enr.state.nc.us/ENR
An Equal Opportunity/Affirmative Action Employer-50%recycled/10%post-consumer paper
Benjamin D. 81 Jackie P. Griffin
September 28, 2001
Page 2
After installation, all erosion control measures must be maintained in proper working order until development
is complete and the site is completely stabilized.
Please be advised that if this violation is not corrected on or before October 29, 2001, the Director, Division
of Land Resources,will be requested to take appropriate legal actions against you pursuant to NCGS §113A-64.
That action could be the assessment of a civil penalty and the amount may be up to $5000.00 per day for each
day of the violation. The penalty may be assessed from the date the violation is detected (NCGS §113A-
61(a)(1). If this violation is corrected within the time period specified for compliance, no further legal action
will be pursued.
Please be advised that any new land-disturbing activity associated with this project must not begin until the area
presently disturbed is brought into compliance with the Act. When corrective actions are complete,you should
notify this office so the work'gWn be inspected. You should not assume that the property is in compliance with
the Act until we have notified you.
We solicit your coopee�L �to�d would like to avoid taking further enforcement action. At the same time, it
is your responsi tb�uUM7and and comply with the requirements of the Act. Copies of the relevant statute
and administrative regulations may be examined at this office or will be sent to you upon request. Should you
have questions concerning this Notice or the requirements of the Act, please contact either Russell McConnell
(ext. #261) or me (ext. #290) at 828/251-6208.
Sincerely,
J � •
Richard A. Phillip+P. .,
Regional Engineer
RAP:RAM:a
Enclosures
copy: David Ward, CPESC
Forrest Westall, P.E.
Case #
SEDIMENTATION INSPECTiON REPORT
NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES.
LAND QUALITYSECTION.-Interchange Bldg.,59 Woodfin Place,Asheville,NC 28801(828)251-6208
County �UR KE. Project: (Z t FC 1 r P P -sZ `F River Basin C f` F`wQ
Person Financially Responsible: Cat ,N n• Project#
Address: G O(., .0"oL L-rc 6c- CwF .I I � F Y � t . rvC•
1.Project Location { ,� t 1 Pictures:No O� Yes ❑ Prints ❑ Slides ❑ Digital ❑ Video ❑
2.Weather and Soil Conditions 'SQc J nl 'j y" 0 I\.M C)
3.Is site currently under notice of violation? Yes. ❑ No )
4.Is the site in compliance with the S.P.C.A.and the rules? Yes ❑ No 0 If no,check violations below:
S.Violations:
;14a. No approved plan,G.S. 113A-57(4)and 15A NCAC 413.0007(c) ❑g. Inadequate buffer zone,G.S. 113A-57(1)
;fib. Failure to follow approved plan,G.S. I I3A-61.1 ❑h. Graded slopes and fills too steep,G.S. I I3A-57(2)
Q c. Failure to submit revised plan,G.S. I I3A-54.1(b)and or 15A NCAC 413.0024(d)
15A NCAC.4B.0018(a) ❑i. Unprotected exposed slopes,G.S. 113A-57(2)
❑d. Failure to provide adequate groundcover,G.S. 113A-57(3)and ❑j. Failure to maintain erosion control measures,
15A NCAC 413.0007(b)or 15A NCAC 413.0024(e) 15A NCAC 4B.0013
❑e. Insufficient measures to retain sediment on site,G.S. 113A-57(3) ❑k. Other(describe)
❑f. Failure to take all reasonable measures, 15A NCAC 4B.'0005
6. NPDES Permit Violation? Yes ❑ No X, Describe
.7. Has sedimentation damage occurred since last inspection? Yes❑ If yes,where?(check all that apply): No IX
Lake/natural watercourse on the tract ❑ Lake/natural watercourse off the tract ❑ Other property ❑
Description:
Degree of damage: Slight ❑ Moderate ❑ Severe ❑
8.Contact made with(Name) G f-r Q ,N C,� C cSNXK'Q.r,<I a2-5 Title
Inspection Report given❑ or sent lE to Person Financially Responsible Date given/sent `L 1 - o l
9.Corrective actions needed:
-- ;Vl,} ;•• 1'� j`�.,, ..p C 2. �, R f i C= 0 c�`,, C �.Nj rz
N t 'JV 4 ¢ �___ � - a C� a C �)�.r't
l j rL -Trll..l`., l�)c. Fo c� � tio -1
10.Comments:
'�Q C �._ �a �� C 2,c_ `5 IN `� iJLC C
t 'SC, r.) G,R tti00 �JQ
7�`�(�i7 , ✓1 51 rJ lam,J p l l c� (��. ( .a M �jy: Fin (V a
N\ E r,3—% `J ��.. (\,,.4, r) �� Q C� R�ry Y { c2 S 1 c�r!
Report by: �- �" N tJ L-` Others present
Date of Inspection: ? t Time arriving at site: 7 . G Time leaving site: 7 1 r>
cc: ,
North Carolina
Department of Environment and Natural Resources
1 • •
A�vMichael F. Easley, Governor
William G. Ross Jr., Secretary NCDENR
Charles H. Gardner, P.G., P.E.
Director and State Geologist Division of Land Resources
CERTIFIED MAIL July 26, 2001
RE TRN RECEIPT REQUESTED
_'A ary Alice:-Brown
;anwii, NC 25655-9021
"A'
RE: Approval to Modify
Spring Lake Dam ; AUG _ aa�
Burke County
BURKE-030
Catawba River Basin ..- . .
Dear Mrs. Brown:
This is in response to your submission received on December 22, 2000 of plans, specifications
and design data for the modification of the subject dam in Burke County on a tributary to Wilson
Creek in compliance with the Dam Safety Law of 1967. These plans, specifications and.design
data were prepared under the supervision of the United States Department of Agriculture, Natural
Resources Conservation Service (USDA NRCS).
This letter constitutes approval of the proposal to modify the subject dam such that it will be a
non jurisdictional dam according to the plans received by this Division on December 22, 2000
with the following stipulations:
1 project ,,oP^trarticn ;) ali be supervised by the USDA NRCS.
2. During construction the Division of Land Resources may require such progress reports as
are deemed necessary.
3. Erosion and sediment control measures shall be provided to prevent off-site
sedimentation from construction activities for the modifications to the dam.
Land Quality Section(919)733-4574 Fax(919)733-2876 . Geological Survey Section(919)733-2423 Fax(919) 733-0900
1612 Mail Service Center,Raleigh,North Carolina 27699-1612
Division of Land Resources (919) 733-3833 Fax: (919) 715-8801
AN EQUAL OPPORTUNITY\ AFFIRMATIVE ACTION EMPLOYER-50% RECYCLED/10% POST CONSUMFR PAPER.
Mrs. Mary Alice Brown
July 26, 2001
Page Two
4. Upon completion of the project, the USDA NRCS shall inspect the completed work and
upon finding (a) that the work has been done as specified, and (b) that the dam is safe,
shall file with the Division of Land Resources two sets of"as-built" drawings and a
certificate stating that the work has been completed in accordance with approved plans,
specifications and other requirements.
5 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.
6. You must notify Mr. Richard A. Phillips, P. E., Regional Engineer, Land Quality Section,
Interchange Building, 59 Woodfin Place, Asheville, North Carolina 28801, telephone
number (828) 251-6208 ten days before the start of construction.
Following receipt of the"as-built" drawings and the engineering certification from the USDA
NRCS, Land Quality Section staff from the Asheville Regional Office will perform a site
inspection. If the work is found to be in general conformance with the approved plans and
specifications, a letter of acceptance will be issued, and our records will be amended to indicated
that the impoundment is non jurisdictional. While this office may inspect any dam in fulfillment
of its duties as provided by the Dam Safety Law of 1967, it will not be a part of our regular
inspection program.
If, in the future, the dam is modified such that it will impound 10 acre-feet or more at the highest
point on the crest of the dam, it will no longer be exempt from the provisions of the Dam Safety
Law of 1967, and engineering plans, specifications and design data will be required to be
{� submitted to this office for review and approval prior to making such modifications. Also, if
future downstream development occurs which would be impacted by a failure of the dam, then
the hazard classification would need to be re-assessed and could possibly change to a high hazard
classification. General Statute 143-215.25A.(a)(6) provides that dams which are determined to
he h10 `iaaard (Class C) are it b:.eot to the provisions of the Dam Safety Law of 1967, regardless
of height ut impoundment capacity.
Mrs. Mary Alice Brown
July 26, 2001
Page Three
Our office encourages the owner of any dam to maintain his or her dam to the same standards as
if it were under the jurisdiction of the Dam Safety Law of 1967. If you have any questions
concerning this letter, you may contact Mr. James K. Leumas, P. E., State Dam Safety Engineer,
at telephone number (919) 733-4574, or Mr. Richard A. Phillips, P. E., Regional Engineer, at
telephone number (828) 251-6208.
Sincerely,
Charles H. Gardner, P. G., P. E.
CHG/MRF/JKL/
cc: Mr. Richard A. Phillips, P. E.
Mr. Forrest R.Westall, P. E.
Mr. Harry J. Gibson, P. E.
Mr. Samuel C. Bingham, P. E.
Mr. Russell W. Lyday
D
JUN Jul
NCDENR
WATER QUALITY SECTION
NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND I I FFICE
Michael F. Easley, Governor William G. Ross, Secretary
Division of Land Resources, Land Quality Section
James D. Simons, P.G., P.E. Director H. Carson Fisher, P.E., Regional Engineer
NOTICE OF VIOLATIONS OF THE
SEDIMENTATION POLLUTION CONTROL ACT
June 7, 2004
CERTIFIED-MAIL - 7003-1680-0006-5720-2003
RETURN RECEIPT REQUESTED
Walter Leroy U Barbara B. Wall
136 NC 126
Morganton, NC 28655
Wall Property- Burke County
On June 2, 2004, personnel of this office Inspected the Wall Property off of NC 126. This inspection was
performed to determine compliance with the North Carolina Sedimentation Pollution Control Act of 1973. The
Inspection revealed a land-disturbing activity of approximately 8 acres being conducted.
It is our understanding that you and/or your firm are responsible for this land-disturbing activity. The purpose
of this letter is to Inform you that this activity was found to be in violation of the Act, NCGS §113A-50 to 66,
and Title 15A,North Carolina Administrative Code, Chapter 4. If you feel that you are not responsible for the
following violations, please notify this office immediately.
The violations that were found are:
1. Failure to file an acceptable erosion and sedimentation control plan with this office at least 30 days prior to
beginning a land-disturbing activity on a tract comprising more than one acre; failure to secure this office's prior
approval of the plan for any land-disturbing prior to beginning the land-disturbing activity. and NCGS §1 13A-
54(d)(4),NCGS §1 13A-57(4) and I SA NCAC 4B.0107(c). An erosion control plan for the project has not
been submitted to this office.
An acceptable erosion and sedimentation control plan must be filed with and approved by this office and
implemented on the site sufficient to prevent offsite sedimentation. Pending approval of the plan, temporary
measures must be provided immediately to control erosion and prevent sedimentation damage. Any additional
land-disturbing activities conducted without an approved erosion and sedimentation control plan will constitute
additional violations of the Act. We will notify you following our review of the plan if additional measures are
required.
NorthCarolina
naturally
2090 U.S.Hwy 70,Swannanoa,NC 28778
Telephone 828/296-4500 Fax 828/299-7043 Internet: www.enr.state.nc.us/ENR
An Equal Opportunity/Affirmative Action Employer-50%recycled/10% post-consumer paper
t f� F1Pre on,0.t%t of more than one acre,when more than one acre is uncovered, to install sedimentation and
i I ;y r% I'k.elintroIJ6"vic's^ss''1uMcient to retain the sediment generated by the land-disturbing activity within the
boundaries of the tract during construction upon and development of the tract. NCGS §113A-57(3).
InsuFoah' -darles
nx;sedir Mptlon and,erosion control devices or structures have been installed to retain sediment within
i the- of the-traict-u-�derdevelopment.
t
Failure tobke all reasonable measures to protect all public and private property from damage by such land-
'disturbing activities.: 15A-NCAC 48.0105. Offsite damage has occurred due to sediment washing Into an
unnamed tributary to Canoe Creek.
8. Failure to retain along a lake or natural watercourse a buffer zone of sufficient width to confine visible siltation
by natural or artificial means within the 25 percent of that portion of the buffer zone nearest the land-disturbing
activity. NCGS§113A-57(1). Sediment from the site has entered an unnamed tributary to Canoe Creek which
traverses the site.
CORRECTIVE ACTION/NO PLAN
14. To correct these violations, you must prepare and submit for approval an erosion control plan for the site
and fully implement that plan upon its approval. In the interim pending approval of the plan, you must
immediately provide measures on site sufficient to protect adjacent property and watercourses as there is
potential for damage to occur before a plan can be prepared, reviewed, and implemented.
18. An initial one-day civil penalty could be an assessment of up to$5,000.00. A time period for compliance
is not required for this initial one-day civil penalty pursuant to NCGS 1 13A-61.1(c) and NCGS
1 13A064(a)(1). Such an initial one-day civil penalty is being considered for this project.
If the violations described In this Notice are not corrected on or before July 7, 2004, the Division of Land
Resources may take additional appropriate legal action against you pursuant to NCGS § 113A-64. That action
could be the assessment of additional civil penalties and may result in the initiation of other remedies as
prescribed by the Act. If additional civil penalties are assessed for the violations, the amount may be up to
$5,000.00 per day for each day of the violation pursuant to NCGS §113A-64(a)(1). If all violations are
corrected within the time period specified for compliance, additional civil penalties or legal remedies will not be
pursued.
Any new land-disturbing activity associated with this project should not begin until the area presently disturbed
is brought into compliance with the Act. When corrective actions are complete, you should notify this office
so that the work can be inspected. You should not assume that the site is In compliance with the Act until we
have so notified you. In addition,once compliance has been achieved,all installed measures must be satisfactorily
maintained until development is complete and the site is fully stabilized to avoid further violations of the Act.
We solicit your cooperation, and would like to avoid taking further enforcement action. At the same time, it
is your responsibility to understand and comply with the requirements of the Act. Copies of the relevant statute
and administrative regulations maybe examined at this office or will be sent to you upon request. Should you
have questions concerning this Notice or the requirements of the Act, please contact either Alison Davidson or
myself at 828-296-4500.
ne
NorthCarolina
Natitrallt
2090 U.S.Hwy 70,Swannanoa,NC 28778
Telephone 828/296-4500 Fax 828/299-7043 Internet: www.enr.state.nc.us/ENR
An Equal Opportunity/Affirmative Action Employer-50% recycled/10%post-consumer paper
Sincerely,
t
H. Carson Fisher, P.E.
Regional Engineer
HCF/jt
Enclosures: Sedimentation Inspection Report
cc: Gray Hauser, P.E., CPESC
Forrest Westall, P.E.
1 ,
•
Case#
NORTH GYRO
L INB DEPWR TI IfEY OF E
County t QU`�7YSECTION lnterchan e Bld.,
Person Financial) _ 8 8 5 W° n Plac gs jNNC
pyL SOURCES
y Respons'ble: Project: 28801(828
Address: )251-6208
River Basin
1, Project Location Project# --.....
2. Weather and Soil C
3. Is site current) Pictures: No
4. Is th Yes❑
y under onditions notice of viola ion? Prints(] Slides Ele site in compliance with the S.PC, Digits❑
�5.j Violations: A.and the rules?YeS❑ No Video❑
- No approved plan,G.S.113 Yes❑ No If no,check violations
b• Failure to follow approvedA'-57(4)and 15A NCAC 4B. ns below:
❑c• Failure to submit vi'sed plan,G.S.113A-61.1 0107(c)
plan,G, Inadequate buffer zone,G,S,113A-57 1
15A NCAC 4B.0118(a) p S•113A-54.1(b)and h• Graded slopes and fills too steep, ( )
❑d. Failure to provide adequateg or 15A R 113A-57(2)
15A NC roundcoverCAC 4B.0124(d)
AC 4B.0107 b .G.S.GS113A-57(3)and ❑1 Unprotected exposed slo es
e. Insufficient ( )or 15A NCAC 4B.0124(e) ❑1 Failure to p G•S.113A-57(2)
measures to retain sediment on site
maintain erosion control measures,
Failure to take all reasonable G.S.113 15A NCAC 4B.0113
6. NPDES Permit Violation? Ye measures,15A NCAC 4B. A-57(3)
7. Has sedimentation dam
0105 ❑k Other(describe)
ge occurr�d� Describe ,
Lake/natural watercourse n the tract- � �5+
Description: 'r fyes,where?
^` L /natural watercourse off the tr ct that a
all
Degree of damage: Slight PP1Y) No❑
8. Contact made with Moderate t Other property ❑
Inspection (Name) ❑ Severe❑
9• Corrective Report
hee O• or sent
to Person Financially y� Res onsible Title,) p Date give� tg sent
C- E 55
( \ CICeSS� v1 C
�. Comments:
c le
)rtby: r �. ... .
)f Inspection: Others present
Time arriving at site: # j
Time leaving /
site:
■ Complete items 1,2,and 3.Also complete A. elves by(ale se aq Clearly) s li ery
item 4 if Restricted Delivery is desired. 1l�
■ Print your name and address on the reverse CJ
so that we can return the card to you. C. Signa re
■ Attach this card to the back of the mailpiece, X A ent
or on the front if space permits. dressee
D. Is delivery address&krent from item 17 ❑Yes
1. Article Addressed to: If YES,,enter delivery address below: ❑ No
MR. GREGORYHOWARD F' A"I CR�ek
209 `HUPING STREET
MORGANTON, NC 28655 3. Sery a Type
ertified Mail ❑ E ress Mail
- - ❑ Registered eturn Receipt for Merchandise
❑ Insured Mail ❑C.O.D.
4. Restricted Delivery?(Extra Fee) ❑Yes
e.Article Number(Copy from service label)
l. if)060062!222 -960 273/
PS Form 3811,July 1999 Domestic Return Receipt 102595-99-M-1789
SECTIONENDER: COMPLETE
THIS SECTION MENMEEMNEEL—
ON DELIVERY
Complete items 1,2,and 3.Also complete A. Sign ture
item 4 if Restricted Delivery is desired.
Print your name and address on the reverse X ❑Agent
so that we can return the card to you. ❑Addressee
Attach this card to the back of the mailpiece, B. Received by t f Deliv�
or on the front if space permits. �-- J g N
n r n g IJ Werentfmml t�__ Yes
` Y _ �y address belo :C 1' No
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241E b101 tJ t -,M1"( :.i. egiste et urn Rec i`u ._
❑Insured all— -f,�merchandise
.. .- _C.O.D - 2
4. Restricted IYen ¢ �
rticle Number -- Yes
'ranter from service lab, 7004 0750 0000 2593 10
'orm 38I ,August 2001
Domestic Return Receip[
102595-02-M-1540 �.