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HomeMy WebLinkAboutBurke Complaints ox � - 1 FiiN 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 An Equal Opportunity/Affirmative Action Employer-50%recycled/10%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 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 An Equal Opportunity/Affirmative Action Employer-50% recycled/10% post-consumer paper 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. q n n � ' ' Y � N s $"N Ka A v" s �3 a IL STA .y. A ` 1• e ` =a � a tiv v�¢ � F z v a r .r., J , { s�ia�l R P tj vq MAN i Ant `his el 3 i ✓,k ,� 4-77 Kno y S k s ,� gy. @( �� I ' '� 1z x S � raw bt (� 00 PATZn� _ sk ms N j.a "m R a (.! r i..+ VV.I L.� yet.+ VLVY LLVfL ITIVf`:l7HIYIMY �H17G V/_tClt I ' On, "'MC y ON NORT1.11,11' 1iNA , 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 \1 r9y ••\ ,,i.. 1406 1•g 1424 •\ jy 1 \. 1405 1 \ 1 ioCh. 1426 •' 1407 1262 .•\ 1263 �• \ 'i •\ \ creel 0 t261 �YJT 1258 2 •^ �� L, 1424 (, I473 '\ 1429 /•\ /�•�--��40 ` T"►<d / \ 1423 1438 / ' !r ,428 % 1430 4 \ �J tl • •4 \-' N 1� •\ 1259, is 1257 /•' 1474 1426 \ a•.-�1\ 1437 WSW 1256\ _ •\.� W I431 w7 %•/I L. \ x `140, . 2219 MorAirp on-Lenoir , �7 3N -- �i � \ Airp ort Zion 1439\ % 14Ty 1430 a !' �/150 t I 1584 73 Ch. 1 ,r1 14�3' I,T V pqE,\ 423 O .t 1426  3 I'M \ .4 �• 1 I410 'l q CIIMeIR�id i '\ 1254 �1254 d �•�\� •� y 22216 1 i. 14:80 1 .^•-'' -11410 t433 N <' S0","* 1501 i5-02 1513 • -ISI.\ I�3• 3 O ,412 10� 7 �4,. t1M 1436• •1.0 I515 O' \ ( 12A3 •O* 1a62 1440 .-.. .r z // .• I51s r_'' ys 221 C I CaI4e 131 �0'1 I613 1461 1463 Q\•f4 I423 1436 .i/ J/•• '• ) \ 1244 •• 'T 1242' . --1 / 1419 '�+_,•� /.{u1•P / } is17 1O\ CATgYt7A' 1300 ( Oa 1 to t t — ER 1 '? � oKE�� /�� �•1 ~° �t:F4Vls i I !I . yror•�°n i /`!.� 1(: JII` ` of .R r •`�, � xx /� J � i 32 1279 ti ® ` O Q O _ _ IP— ` L ,z3o 1208 MORGANTON > i tor.I•QSE rof.16AW 70 ��•� � Pop.41)0 i. EO � 1 12211 r— L s. / ^ ` .• J; V I \ \\ '1 �; ;. ° .. t29 gl9A'1-2°°-1✓ 7° ( �� /,{' ~~ •/�\ /` V to 1 '\ •as 1 1206 1 j\}� { •' c 1 1'i\ I•3 y \ ! Ti HIGH PEAK IatLi 1 �•� %• %I t(i \ •`l ,\ .ELEV. 2,184 '•` �•, %'I• 1167 ®' 1ta2 / 1'• ' / •\'E4st _,' ,( •! EADte'e 2I'7 'II75 1127 ,\ : 6NEM ° \ 1 \ i -';b zd } 47 kcr L4 ,i� , I / /- !•- •BLACK FOX ••\ ,•~ '\1 t2a 11p '\ '\ \ \Qf '• RIDGE ! 1 ( '• PROSPECT w f658 1748 21281 •' \ 1 awiwt\ionl /' '• •.\ ,RIDGE 1126 \ 198a tray `10 R IVE 1.4• A •` LINE A \••CH.•{• / •-1 -- `— \ _ `/ 1918 11 gp4 ` 1916 ``3'Z ('•! lyw. 1967 ../:` •6tllo „;/ 19p16 �,'/ 't..Krrt �.. KKNOB\ / ,91e �{ J n �1915 lcnaoelb /_ /ti` •�ELEKNOS V.2052 •i . If X ICY KNOB HICKORY{ E KNOB t\ _ -• ^• •\ :-\ ••} / HIGH PEAK \ _ 'j .p/ 1• Z' �cs ..� /• �.,_ram .; -'/' •\•\ '-r .�• 1"\.` :\ \ISO l t `, CKORYNUT�t ,soSTH MOSTATE UNTAIN i •�0. CREEK �•�-�_ �.! , 1 ,(NOB r \ ,EV.2.8383 (•r �_ J ••Fi �• :l r,t: VOGW JOLIN BURKE COUNTY l• '1-^ , STAMP MTN. KNOB 0 /• KNOB ELEV.2546 '•:y �( _" • I \ \l Q} r ...BENN KNOB t905 /• SCALE 3 4 MILES CD o CDDtt P OD II II �IW W W . ... a bA. •. . .. 00 w 6 I co s I I OD :00i I �; �0, OD : I 1 '9. g ?' C4* tT '0• vKi O I (D i p co n j 0 ~ " Ate,' '• ' Z ems+ O I ~ � � I � CD t O •P 1 O 1 I (Z Ea I I r .�.. ►- 00I F OQ I I !y CD I I CD rn �' I Z fAD a tD L--------r..,. r-------- . O) s O O � (f1 , t {� O " C n " I CV— CD l \ ffidyeM .. CSB-4-SS FLOAT BRACKET FOR MOUNTING UP TO (4) FOUR CONTROLS rr Ir CORO �I 1, . rl�I r� LEVEL CQP TRCL (TO 8E ORDERED SEPARATELY) u n n i 1 r �\ I 1 I t � t • I f • CS.'B5-S'S FLOAT BRACKET FOR MOUNTING UP TO (S) FIVE CONTROLS ri \ ,11 lr CONTROL CORD SST MOLNTINO BRACKET �I SNUBBER 11 1, Ir 1 I LEVEL CONTROL rr (TO eE ORDERED SEPARATELY9 rl I -4 t I I I t I N&Af., T#e So'"S B y -6W141cle,Alc e4aTRIG WORK SH o CONFOIC»t To 7W IV= AS .4A0A1aAmr.. u S ENCLOSURE DIMENSIONS F ------------ ) I o I � CG � CGL cy PANEL PAF&L lax Alex .... pie I P% PrL i Ph. MATI Fiberglass F rp ss Ftbo A F1 ass t7 2 19 19- a 8 15 6 1 -1/2 1 1 C 7 1/ 0-5/8 •s 8 6 D / 3/4 18.7/8 8.7/8 E 12 12 12 F 6/16 5/16 5/16 LIGHT 6 HORN — " 4k. 13. 1949 10;Z4AM FE rffMS. ENVIROLENTA .. N0.098 P. 1 _ ou 23 INCOMING 115V IRH LI N DRY CONTACT ( S ) f AMP FUSE FROM PANEL Al f- A2 LT LIGHT L A.A AUDIBLE ~' ALARH ro—T-6--i VARNINB : A DISCONNECT MAY BE REQUIRED ® ® FOR THIS PANEL , CONSULT N . E , C . AND LOCAL CODES . Inc x m 6 CONNECT GROUN6 LUG TO 0 f-- z o U M •rsCAQD �cw GREEN VIR S o T R CONIrICENTIAL c= PRDP RT( OF -2 li a- r.K.►fret . Pam h tl I r cw.r my AthL�n LTIe Do NVT says twpr If I R N R T•l. Lhla• SO flei WHI KLEEF1s7IC!( LIT 0 5T0 K ,�„gg„lar O t LA VITH L19UT Fr ct l anal i*1/-a4 ON L MIL R I I-26-91 R A L a G 1 m.l f .oos S `°t �. .or P 23068A588 �,t... ath«-.I,. ,r.�rtr.l 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 . .'INK trF a cm VMm pO tgmi y s , a s € � e 3 A � s t g t x c r s �A, � 7 s �k a, v € N" 4 NS ? vc a . � � E, e � <a x 'a ._ W x - p �Y � 4 n $ Iz 3Mo , n r y � ; x}e� t 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 1406 1.5 J-/ 9N 1424 1405 F.1,F- 1407 1262 .3 % ctot t 3261 4 1429 T"It.& 1423 1438 1429 1430 7- 1259 is 1257 1414 1426 Or, 1437 WSW 43 Morgmtont-Ltnolr N, AFrp� 1427 Q'i Zion IV, Ima 1514 Ch. 1439. r 14350 1430- 1 14399 1 V 1423 1426 - % IIM 41 5 !m5l 2216 1440 0 1501 5M 15i3 a 141 .! 21M .2 4 1514 12:53. 2211 1470 7 1;i7s 1434. 1+ \ 1 462laao 1515 \ 1461 31463 1423 131 1244 1419 2216 .151 1246 I—N V%wr I a \ 64 13W Hill in 233 Wwry R7O a MORGANTON U, 1200 r rcw.vu Pmoft lu4AW top.4wm t221 r or 12M 70 1 r 70 -0 1206 6 HM PEA N� 40 ELEV. 2.184 '11745 1142 Abee', IT% 1737 1746 suft 1 7 • r BLACK FOX PROSPEC 3 )ws azfi�. 21 ku L, RIDGE RIOG Lo A 1918 11,' 1916 9" .e. ' 1918 Tom 1125 • AIIAIL RS lw • Wo*e N KNOB mop '-915 c 1124sFl EILITL -\j KNOB ELEY.20SZ HICKORY IWO KNOB ICY KNOB AoHIGH PEAK HICKORYNWUT SOUTH UMAN 7 STATE PARK MTN. 1904 C 0 ANOB REEK Q. ,v.2.838 :A-- 3S-w •-/ DOGWOOD 190, STAMP MTN. OLD. ELEV.ZS46 KNOB s RKE COUN 1905 /* BENN KNOB SCALE 0 3 4 butEs 3 VL y A 0000 p00 UQ • T `• lV 0 `� m p O F y �N COM W p *i . . :..• .. 0p E• l CY) 0 rnfbr • II o .` Cp r C*•�* 9 1 co 1 I OD 4 O e a+ OD 0 I I B • r* CD •' "i ►f r R I I P • CIO O O 1 OD 1O ^ 1 w CD 0 CD O .' � 1 •. I � � t t I I � I 1 (D _m P. 1 I 'F7 (D � a000 I pi O ha :• tzCD L---------t... ,--------- CD M O 0 rn cb z H, Os Q cz U! a) Im L CSB-4—SS ' FLOAT BRACKET FOR MOUNTING UP TO (4) FOUR CONTROLS ii . Ir r� ER CORD t „ rl �1 rl • 1 I • t LEVEL CONTROL (TO BE ORDERED SEPARATELY) n r 1 ' u ' r u 1 1 1 1 1 i 1 I 1 ' CS'B5—S'S FLOAT BRACKET FOR MOUNTING UP TO (S) FIVE CONTROLS r, • rr I1 1 CONTROL CORD SST HOLMINO BRACKET �1 SNUBOER �1 11 �I ! t t r LEVEL CONTROL (TO BE ORDERED SEPARATELY] n n ' t i , t I 1 t t '----' ES-2365A ND?E: � • AIRRA+)•flaA1' SNAl6 BE /Nstgl.�E�D /N F/RST Ti¢NK /N THE SER/ems BY oWiVFR,Alc �GE�TR/G WoRK 3H�ya C"i"ORM To THE NEc /ls APi°4�aAeLE. ENCLOSURE DIMENSIONS F I A 1) C t I i e O �e �---H--_-,�I I-- PAItL >.x cG1. cw PANfL p)ex pb .. 1 Ph Ph I Ph. MAYL Fiberplan rp is Fibe n ass A 17 2 19 to- a B 15 b 1 '1/2 ) 1 c 7 1/ 0-5/3 .5/8 0 6-3/4 18-7/a 8-7/8 E 12 12 12 F 6/16 6/16 5/16 LIGHT & Hor3q — -A)G- 13- 1999 10:24AM FE MYERS. ENVIROrCNTR No.098 P. 1 23 INCOMING 115V IPH r � LI N DRY CONTACTS ) I AMP FUSE FROM PANEL / Al A2 LT LIGHT . L - -{ kA )- ,- -1AUDIBLE ALARM ro-T-61 YAR__NINO , A DISCONNECT MAY BE REQUIRED z FOR THIS PANEL . CONSULT N . E . C . ® AND LOCAL CODES . g CONNECT AR"N6 LUG TO J A D E Lu 0 z h— z o zs �' M .rrsCADD 4 �IQj GREEN SIRES o x T u 6 R COWICENTIAL PE ATY OF t1....d, r.It:.MUM a Prht1 1r a-fw" m"m w.ht.n , Cnt. r-FE .-och-mil SCALE tQyLW A V I R N R Tot. � yr.cifld( wNI KLEENSTICK LIT 0 STO K NN OT LA W T L Inal f I/s+ wN L MIL R il— 9f 8 AL2306BA588 �ri .010 1{�: pasIflal 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 Fr*l�Yr.X•I� A 1 f7Jr'17fJ 5 r r 7 fi . y Jt�F jJ }}err ' d/yd3 tJ t 1 �f 3 F ,d ' lrlt P� r}73 r t I � r •p m �•, rtil cars W ¢¢ O > Z ca E 3 m O U f LW N E C] O 3 • m 4."�a&&LL x ru. llD hl f r ,, '3 t i 's' gsl"i In P O ••-a• . 4 tli O N _ 2In Er i �-N V .� Obi N !a p �: cO a r ,i 'I uloyaac c ca Z c Vali ❑❑ aC I� f t.'f y � "TiJ pac Cc Lw 4 d X m C t�C C M v OmLL U m ff L7) Ln .N f- �- Ill v a x •J - _ m O v z 0 o i ■rr��r� y o t 1 .,, O Lf ziM-moo= --: ALal p p d} p ate? • cc O d f�U O LLl n .O�CI❑ - - CD 9,acQy 00 ." Dry � , QC: ¢ c� cra r F Z � ui N rs r sa � — p ` Z rNco, yco Lo � mW [� O ca co c 1l Q,� z M Z xLn � € s ■ E E, .*. m o F- VU 11 cn L11 f ttco \` V` jiiMM"r. 0 N ��� ✓t r A ,w ¢ U f + Z f _ a Q :d � v� Z :QLNfA y. mod : f s ,A • '1 Cl) N o q 0 >(D 0 7 ' M O 3 c � n oCD y � � ��CD D Z Z W Q � a� mm 13 w 53 aOn� ^' • Z Z 2 CD Al (D . a 0 > y i O =0co O N 0 • m 0) 3 - — o• _ - o q 3 CD s �c z - (D o Ln ❑ ❑ 3 Z�'Im 7o to • o Cl o CL v 2 0 � T7 ZXw a rU z. CD C -� r ON0 7 5 W ❑ w CL rL O - cs 2 • U' � 3 w � a 0 D O 3 ❑ ❑ ❑ ❑ ❑ c " z c °, as g a O aj N 4 0 d � I • r � �� f I r. f: f. ,3{{ 1 -a n 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;. y) VV L -A ,, Y1C.[. !34-�E'• t 'ILA\t? --r t.,i .�i�t�[ .T,Q e C (` C'Ll t.`. r i (�f C� "�lF� 1; C' F n^ ( '`! t` l�' Irt[ ( f 1 /' ��:•'y "i t Z 6r' 6 ['\'' EL r1ft 4q � I \�1 i' �:. �'�7 1l N� l! t t l Y'� LA) VA�� , Y1 '�} , t' L�! } A (- .4. 10. Comments:•, y 1` j Q_ 1 7 t' C�h \-�i i V D CC v% C\..1 t C \._r.:.i[ f i•---". .4 ,`'t/ i C'•::� 4) �•`:' ;�� ,) tY1C'n� i' f r" �� Ae, t(l! 7,i� �— - l' [;[^`.'\ ('D 1 - (-1 i'J': �. E' 1�,i\���� Y117\ Y"L('(•M�7 f• ('jl�1 E 11 1 y tit �� •t1�.1(5 P 1'rJ �b�l C 'J o(G t� t C'e [ � ii',t ej(1.,( < 4 r, • c 4 t 1L n 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 7/04 �I"'... � ou C-Z $c� - 4v3 — g969 00 ........... �7 a; 1j i ill � s J f ------------ iGs Iva ............ __ __ ---------- -- AA i 3 i a; (� e i 'i i� it 1 i 1' l 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� �' a B 33 `� � �� bR � 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: cc: _.-- dVdI iN3AI(13S AdVdOdA3i U040GS GUOIS !�---► oUgDl punoig I -ulw ,£ I �u!� lDlnWN w adols apis L:L 5 mw ed s apx L:Z ujop io doy Pe{4as mo!eq.9 Juawapas kc1 i ( �!W) C104 POWsscKiAq \ .9 Ilpeno .4 �lxao�aw3 Z L-�D5 ,f,� 1' ••4 O l-0017 „L Z--�e�i-- r -4 2-00£ 'u 9-00Z '4 b-00 L oug0j 1a�IH UOI�OGS SSOJO o� _ (�W) 49 0 on efx»ojs ajoD Pa"w pp/u no 009 L .449•L i i ---� ('u!W) co co o O N o cD 0-0 p . Cl) y 30N3J ITS M-4 _ a pa}oodwoo ,b -� LII_-III�ill� j j 0 III ;•�. ... � I�I�� Nvild O Cn O 91D JD a� ° " ro 0 0 0 MP H c�u m �rJuapW aouad US Lrx 9 eMn y xow» !cuM�e e1 , mw'►i e 1t • : ' ���� 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 1 - run C� Se ice T ULLSSLI'SI yp (zy @w I 1 i r e Certified Maim ❑ P�q Ma IT' p 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 �.