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HomeMy WebLinkAboutTransylvania Co. - DamsTUB- - 6/*u2�✓Gp- rl`�Ivy- VL/V Wiggs, Linda From: Edwards, Roger Sent: Friday, August 13, 2010 9:37 AM To: Wiggs, Linda; Wait, Jeff Cc: Boyer, Janet Subject: Stream and Land impact A land disturbing activity, looked like flood plain rock mining with a stream that had been widened and deepen. Trees and veIgetation removed from site and stream backs. Stream does have trout classification. Directions: Hwy 64 to Hwy 215 turn right on Hwy 215 at the Outfitter/Rafting Store. Travel to Tanesee Road and Indian Creek Road area. The site is between these to roads on the left as you are going up Hwy 215. There was a tent, two chairs and a small trackhoe on site on Wednesday, August 11th. No indication of equipment ownership on trackhoe. Let me know if you have questions Than Roger Edwards - Roger,Edwards@ncdenr.gov North,Carolina Dept. of Environment and Natural Resources Asheville Regional Office Division of Water Quality - Surface Water Protection 2090 U.S. 70 Highway Swann,anoa, NC 28778 Tel: 828-296-4500 Fax: 828-299-7043 Notice: E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and therefore may be disclosed to third parties. 1 NCDENR North Carolina Department of Environment and Natural Resources Division of Land Resources Land Quality Section James D. Simons, PG, PE Director and State Geologist October 19, 2010 Mr. Earl Jenkins Connestee Falls Property Owners Association 33 Connestee Trail Brevard, NC 28712 RE: Ticoa Dam Transylvania County State Dam ID: TRANS-009 Dear Mr. Jenkins: Beverly Eaves Perdue, Governor Dee Freeman, Secretary This is to acknowledge receipt of your application dated October 14, 2010 for the repair of the subject dam. The application was received in our office on October 19, 2010. Applications requiring an approval to repair a dam will be reviewed by this office in the order they are received, except that existing high hazard potential dams with known safety problems will be given priority. We endeavor to respond to applications within 60 days of receipt of the application. Please contact Ms. Janet Boyer, PE, Regional Engineer, Land Quality Section, 2090 U.S. Highway 70, Swannanoa, North Carolina 28778, telephone number (828) 296-4500, or me at telephone number (919) 733-4574 should you have any questions concerning this matter. Sincerely, Steven M. McEvoy, State Dam Safety Engineer Land Quality Section 1 SMM/rdk cc: Mr. J.C. Bumgarner, PE, Design Engineer Mr. Janet Boyer, PE, Land Quality Regional Engineer V 'Surface_tiUater Protection Siiper-Vi`sort: Filename: TRANS-009_20101019_RECT Repair 1612 Mail Service Center, Raleigh, North Carolina 27699-1612 • Telephone 919-733-4574 / FAX: 919-733-2876 512 North Salisbury Street, Raleigh, North Carolina, 27604 • Internet:hftp://www.dIr.enr.state.nc.us/pages/landqualitysecton.htmi RCDENR North Carolina Department of Environment and Natural Resources Division of Land Resources Land Quality Section James D. Simons, PG, PE Director and State Geologist October 19, 2010 Ms. Leila von Stein 4857 Rich Mountain Road Brevard, North Carolina 28712 RE: Bill Daniel Dam Transylvania County State Dam ID: TRANS-075 Dear Ms. von Stein: Beverly Eaves Perdue, Governor Dee Freeman, Secretary i OCT 2 1 2010 LWATER QUALITY SECTION ASHEVILLE REGIONAL OFFICE This is to acknowledge receipt of your application dated October 12, 2010 for the repair of the subject dam. The application was received in our office on October 19, 2010. Applications requiring an approval to repair a dam will be reviewed by this office in the order they are received, except that existing high hazard potential dams with known safety problems will be given priority. We endeavor to respond to applications within 60 days of receipt of the application. Please contact Ms. Janet Boyer, PE, Regional Engineer, Land Quality Section, 2090 U.S. Highway 70, Swannanoa, North Carolina 28778, telephone number (828) 296-4500, or me at telephone number (919) 733-4574 should you have any questions concerning this matter. Sincerely, Steven M. McE oy, PE State Dam Safety ' eer Land Quality Section SMM/rdk cc: Mr. Terry E. Allen, PE, Design Engineer Ms. Janet Boyer, PE, Land Quality Regional Engineer �—Surface-Water Protection Supsor� Filename: TRANS-075_20101019_RECT Repair 1612 Mail Service Center, Raleigh, North Carolina 27699-1612 • Telephone 919-733-4574 / FAX: 919-733-2876 512 North Salisbury Street, Raleigh, North Carolina, 27604 • Internet:hftp://www.dlr.enr.state.nc.us/pages/landqualitysecVon.htmi 'A NCDENR North Carolina Department of Environment and Natural. Resources Division of Land Resources Land Quality Section James D. Simons, PG, PE Director and State Geologist September 16, 2010 Mr. Terry E. Allen, PE . T.E. Allen Engineering, PC Post Office Box 103 Rosman, North Carolina 28772 RE: Lora Young Dam Transylvania County State Dam ID: TRANS-016 Dear Mr. Allen: Beverly Eaves Perdue, Governor Dee Freeman, Secretary 1 1} SEP 21 2010 WATER QUALITY SECTION ASHEVILLE REGIONAL OFFICE A review has been made of the plans, specifications, and design data submitted under cover letter dated July 22, 2010 and received in this office on July-26, 2010 for breach of the referenced dam. Prior to issuance of an approval to breach, additional information or revision is requested for the following items: 1. Please provide design calculations for the proposed breach channel based on the routed discharge from a standard design storm. Design storm selection should be discussed and supported in a narrative to accompany the required design calculations. 2. Please. provide a profile drawing for the proposed breach channel. The profile must be drawn to a standard engineering scale of sufficient size to provide adequate detail for review and construction. 3. Please provide a sedimentation control device at the upstream end of the breach channel sufficient to prevent release of excessive sediment to the areas downstream of the breach channel as the stream channel re-establishes itself within the former impoundment area. In addition, the subject dam is located on a stream that has been classified as Class "C", Trout, High Quality Waters (HQW) by the North Carolina Environmental Management Commission. As such, a waiver must be obtained through the. Division of Land Resources Land Quality Section for land -disturbing activity within the protected buffer zone adjacent to the stream. Please contact Mr. Gray Hauser, PE, State Sediment Specialist at (919) 733-4574 for assistance in applying for such a waiver. 1612 Mail Service Center, Raleigh, North Carolina 27699-1612 • Telephone 919-733-4574 / FAX: 919-733-2876 512 North Salisbury Street, Raleigh, North Carolina, 27604 • Internet:http://www.dlr.enr.state.nc.us/pages/Iandqualitysection,html Mr. Terry E. Allen, PE Revision Request September 16, 2010 Page 2 of 2 Lora Young Dam TRANS-016 Additional permits will likely be required from other governmental agencies as well. The owner is advised to contact all interested agencies for help in determining additional permit requirements. It would greatly aid further application review if a response to each of the above comments were made in a cover letter submitted with two sets of the revised plans, specifications and design data. Please contact this -office should you have any questions concerning the above items. Sincerely, William H. Denton, IV, EIT Assistant Dam Safety Engineer Land Quality Section cc: Mr. Josh Leder, East Fork Lake Properties, LLC Ms. Janet Boyer, PE �iF± *SIi1rFacekW-1i er Protection Regional Superu sorb Filename: TRANS-016 20100916_revreq A� NCDENR North Carolina Department of Environment and Natural Resources Division of Land Resources Land Quality Section James D. Simons, PG, PE Beverly ,Eaves.Perdue,:.Governor;.,. Director and State Geologist ;. Dee Freemap; Secretary r � 5 July 27, 2010 Straus Park Master Association c/o IPM Corporation Attn: Mr. Peter Randazzo P.O. Box 580 Arden, North Carolina 28704 RE: Straus Lake (aka Ecusta) Dam Transylvania County TRANS-020 Dear Mr. Randazzo: ID EC yE I AUG - 2 2010 WATER QUALITY SECTION ASHEVILLE REGIONAL OFFICE This is to acknowledge receipt of your "as -built" submittal and application for impoundment dated July 16, 2010 for the subject dam. The submittal was received in our office on July 21, 2010. Applications requiring Approval to Impound require a comprehensive field inspection by our Regional Office personnel. Upon completion of the requisite field inspection and finding by our field personnel that the dam has been constructed in conformance with the approved plan and as reported in the as -built submittal, our office will issue an Approval to Impound. If significant discrepancies are found to exist, revisions may be required before Approval to Impound can be issued. Please contact Ms. Janet Boyer, PE, Regional Engineer, Land Quality Section, 2090 U.S. Highway 70, Swannanoa, North Carolina 28778, telephone number (828) 296-4500, or me at telephone number (919) 733-4574 should you have any questions concerning this matter. Sincerely, J� Steven M. McEvo �PP ` State Dam Safety Engineer Land Quality Section SMM/rdk cc: Mr. David D. Smith, PE, Design Engineer Ms. Janet Boyer, PE, Land Quality Regional Engineer Surface Water Protection Supervisor Filename: TRANS-020 20100727 AB RECT 1612 Mail Service Center, Raleigh, North Carolina 27699-1612 • Telephone 919-733-4574 / FAX: 919-733-2876 512 North Salisbury Street, Raleigh, North Carolina, 27604 • Internet:http://www.dir.enr.state.nc.us/pages/landqualitysection.html 40*� NCDENR North Carolina Department of Environment and Natural Resources Division of Land Resources Land Quality Section James D. Simons, PG, PE Beverly Eaves Perdue, Governor Director and State Geologist Dee Freeman, Secretary October 14, 2009 Straus Park Master Association c/o IPM Corporation P.O. Box 580 2602 Hendersonville Road Arden, North Carolina 28704 RE: Straus Lake Dam (aka Ecusta Dam) Transylvania County State Dam ID: TRANS-020H Dear Straus Park Master Association O C T 1 9 2009 i F This is to acknowledge receipt of your application dated October 1, 2009 for the repair of the subject dam. The application was received in our office on October 8, 2009. Additional information is requested before this office can process your application. These items are as follows: Please provide two copies of plans that are signed, sealed and dated. Once these items are received we will proceed with a review of your application. In order for the application to retain its place in the order of reviews the above items must be received within thirty days. Applications requiring an approval to repair a dam will be reviewed by this office in the order they are received except that existing high hazard potential.dams will be prioritized. We endeavor to respond to applications within 60 days of receipt of the application. Please contact Ms. Janet Boyer, Regional Engineer, Land Quality Section, 2090 U.S. Highway 70, Swannanoa, North Carolina 28778, telephone number (828) 296-4500, or me at telephone number (919) 733-4574 should you have any questions concerning this matter. Sincerely, 010` Steven M. McEvoy, E State Dam Safety Engineer Land Quality Section SMM/JCR 1612 Mail Service Center, Raleigh, North Carolina 27699-1612 • Telephone 919-733-4574 / FAX: 919-733-2876 512 North Salisbury Street, Raleigh, North Carolina, 27604 • Internet:hfp://www.dlr.enr.state.nc.us/pages/landqualitysection.html Straus Park Master Association c/o IPM Corporation October 14, 2009 Page 2 of 2 cc: Mr. David D. Smith, PE, Design Engineer — David D. Smith and Company, PLLC Ms. Janet Boyer, PE, Land Quality Regional Engineer tSurface-rater PMTR c i'on-Sjpervisor File Name: TRANS-020H 2O091014 RECT lA Straus Lake Dam - repair A47LA � I I NGDENR `l i l' [' r ' J I i North Carolina Department of Environment and Natural Resources L ---- j Division of Land Resources ''`"`-`r'� 'rLITf sFc' �I } F,.-��`,?II I_r= F',"=.G: G�,r',L CFI=1: E_ -- --- - James D. Simons, PG, PE Land Quality Section Director and State Geologist December 18, 2009 Mr. David D. Smith, PE 85 Thompson Street Asheville, North Carolina 28803 RE: Straus Lake Dam Transylvania County State Dam ID: TRANS-020 Dear Mr. Smith: Beverly'Eaves Perdue, Governor Dee Freeman, Secretary A review has been made of the plans, specifications and design data submitted under cover letter dated October 1, 2009 and received in this office on October 8, 2009 for the repair of the referenced dam. Prior to issuance of an approval to repair, additional information or revision is requested for the following items: The analysis of the time of concentration, Tc, for the drainage areas to the subject dam should account for open channel flow for Subcatchment IS, as there appears to be a well-defined channel flowing into the impoundment. This is based on a review of available topographic maps that show a perennial stream flowing into the impoundment from the northwest. 2. It is unclear based on the information provided whether the calculated inflow through the upstream culvert (Subcatchment 1 S) takes into consideration that flow into the pond is restricted by the culvert. Is the culvert capable of passing the inflow from the 50-year and 1/3 PMP design storms without overtopping the access road over it? Overtopping of the access road is not a dam safety issue, but the behavior of this culvert will affect inflow to the impoundment. Please provide comment on this issue and modify design calculations as needed. 3. The small drainage area to the west of the impoundment would be more properly modeled independent of the drainage area to the north as the two are separated by the area currently designated as Subcatchment 1 S. Please modify the design calculations accordingly. 1612 Mail Service Center, Raleigh, North Carolina 27699-1612 -Telephone 919-733-4574 / FAX: 919-733-2876 512 North Salisbury Street, Raleigh, North Carolina,,27604 • Internet:http://www.dlr.enr.state,nc,us/pages/landqualitysection,htm] Mr. David D. Smith, PE December 18, 2009 Page 2 of 2 4. Based on the information provided, it is unclear whether the existing principal spillway can safely pass the required 50-year return period design storm without activating the unlined emergency spillway. There was no calculation provided for the expected inflow from the 50-year storm. Please provide additional engineering data and calculations to show it has the required capacity. 5. Please provide a full profile of the principal spillway with appropriate dimensioning and elevation information. Also, provide a hydraulic grade line analysis to show that all sections of that spillway can safely convey the design storm without over flowing. Please provide analysis of the outlet discharge channel that shows it is capable of safely conveying the outflow from the principal spillway away from the dam without significant damage to the dam embankment or the receiving channel. It would greatly aid further application review if a response to each of the above comments were made in a cover letter submitted with two sets of the revised plans, specifications and design data. Please contact this office should you have questions concerning the above items. Sincerely, � A�' 0, -f, , v�— William H. Denton, IV, EIT Assistant Dam Safety Engineer Land Quality Section cc: Straus Park Master Association Ms. Janet Boyer, PE Surface Water Protection -Regional Supervisor l Filename: TRANS-020_20091218_revreq_Straus Lake Dam NC®ENR North Carolina Department of Environment and Natura Division of Land Resources James D. Simons, PG, PE Director and State Geologist Certificate of Approval March 22, 2010 Straus Park Master Association c/o IPM Corporation Attn: Mr. Peter Randazzo - Post Office Box 580 Arden, North Carolina 28704 RE: Approval to Repair Straus Lake (Ecusta) Dam Transylvania County State I.D.: TRANS-020 Dear Mr. Randazzo: r"" f �o . rc4AR 2 9 2010 WATER QUALITY SECTION W_,.,Dee Freeman; Secretary. This is in response to your submission dated January 28, 2010 and received on February 2, 2010 of plans, specifications and design data for repair of the subject dam in compliance with the Dam Safety Law of 1967. This dam is of high hazard classification. The plans, specifications and design data submitted were prepared under the supervision of Mr. David D. Smith, PE. This letter constitutes approval of the proposal to repair the subject dam according to the plans and specifications received by this Division on February 2, 2010 with the following stipulations: 1. Project construction shall be supervised by Mr. David D. Smith, PE. Mr. David D. Smith, PE shall be responsible for field observation of construction as necessary to ensure compliance with approved plans. 2. During construction, the Division of Land Resources may require such progress reports as are deemed necessary. 3. In accordance with GS 143-215.29 and NCAC 15A-2K .0203, .0215, and .0212, within 30 days of completion of the project, Mr. David D. Smith, PE shall inspect the completed work and upon finding that the work has been done as specified and the dam is safe, shall file with the Division of Land Resources two sets of record drawings and a certificate stating that the work has been completed in accordance with approved plans, specifications and other requirements. 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 Telephone 919-733-3833 / FAX: 919-715-8801 9 Internet: http://www,dir.en r. state. nc.us/index.html Straus Park Master Association March 22, 2010 Page 2 of 2 4. The water level in the impoundment shall remain lowered to an elevation of approximately four (4) feet below the principal spillway crest per Site Work and Demolition Notes item 1 on Plan Sheet C-3 of the approved plans until final approval for operation of this dam is issued by the Division of Land Resources. Also, the lowering of the impoundment shall be performed in such a manner as to preclude off -site sedimentation. An emergency action plan (EAP) and an operation and maintenance (O&M) plan are required for all high hazard dams. The O&M plan should address routine maintenance, frequency of inspections by the owner or the owner's representative, and annual operation of the bottom drain to ensure that it is functional. It is strongly recommended that the EAP be submitted prior to commencing repairs to address problems that may arise during construction. Nevertheless, both the EAP and O&M plan must be received prior to issuance of an approval to impound. 6. You must notify Ms. Janet Boyer, PE, Regional Engineer, Land Quality Section, 2090 US Highway 70, Swannanoa, North Carolina 28778, (828) 296-4500 ten days before the start of construction. The Army Corps of Engineers and the Water Quality Section of this Department should be contacted to determine if additional permits are required. Also, the erosion and sediment control program having jurisdiction should be contacted to determine permit requirements. In any case, sediment must be prevented from entering the waters of the state or flowing onto neighboring property. Construction of the repairs must begin within one year of the date of this letter or this approval is void. For assistance you may contact the Asheville Regional Office at (828) 296-4500 or a staff member of the Dam Safety Program in the Raleigh Central Office at telephone number (919) 733-4574. Si erely, 2 ames D. Simons, PG, PE Director and State Geologist JDS/smm/whd cc: Mr. David D. Smith, PE Ms. Janet Boyer, PE, Regional Engineer Surface Water Protection Regional Supervisor: DAV/D D. SMITH AND CO//VIIPi4NY PLLC civil and structural engineering consultants ,,�� landscape architecture/land planning 85 Thompson Street Asheville, NC 28803 Tel: (828) 254-4448 Fax: (828) 254-4402 LETTER OF TRANSMITTAL Date: November 5th, 2009 North Carolina Wildlife Resources Commission (NCWRC) Mountain Region Coordinator 20830 Great Smoky Mtn. Expressway Waynesville, NC 28786 ne: (828) 452-2546 Attention: Dave McHenry We transmit: ®herewith ❑in accordance with your request For your: ®approval ❑information ❑record The following: Project: Lake Straus Inflow Pipe and Spillway Remediation Transylvania County TRANS-020 DDSCO Project No.: 224609 ❑distribution to parties ❑review & comment Fuse ❑Schedules ®Permit Application ❑Calculations ❑Permits ® Maps and supporting documentation Copies Date Description: 1 10-19-09 Drawings C-1, C-2, C-3 and C-4 (Vicinity Map is on Drawings) 1 10-23-09 Signed Pre -Construction Notification (PCN) Form 1 10-01-09 USGS Map "Pisgah Forest" at V= 1,000' with watersheds identified. 1 10-30-09 Signed Agent Authorization Form Remarks: Dave — The attached PCN and drawings are submitted for a Nationwide Permit 33 for Temporary Diversions for replacing the culvert flowing into Lake Straus. By: David J. Straub, RLA Cc: Jt 'Jggs -9C1R DVQ —Asheville Regional Office (drawings only) Peter Randazzo — IPM Corporation Job File NCDENR North Carolina Department of Environment and Natural Resources Division of Land.Res_ourceS ..... Land Quality Section James D. Simons, PG, PE —Beve ly Eaves Perdue, Governor Director and State Geologist dm Dee Freeman, Secretary March 9, 2010 �} MAR p J 1 5 2010 � v� Line Runner Maintenance Corporation WATER QUALITY SECTION c/o Richard Britt A2HEVI1-LE REGIONAL 011 I P.O. Box 292 Rosman, NC 28772 - RE: Line Runner Ridge Dam Transylvania County State Dam ID: TRANS-015 Dear Mr. Britt: This is to acknowledge receipt of your application dated March 3, 2010 for the hazard confirmation breach analysis study of the subject dam. The application was received in our office on March 8, 2010. Additional information is requested before this office can process your application. These items are as follows: 1. In accordance with 15A NCAC 2K .0203, project specifications and all project calculations must be one hundred percent complete and sealed in accordance with NCGS 89C. These documents may be marked "FINAL DESIGN, NOT RELEASE FOR CONSTRUCTION" to prevent confusion during construction. Once these items are received we will proceed with a review of your application. In order for the application to retain its place in the order of reviews the above items must be received within thirty days. Applications requiring an approval to construct/repair/modify/breach/enlarge a dam will be reviewed by this office in the order they are received except that existing high hazard potential dams will be prioritized. We endeavor to respond to applications within 60 days of receipt of the application. Please contact Ms. Janet Boyer, Regional Engineer, Land Quality Section, 2090 U.S. Highway 70, Swannanoa, North Carolina 28778, telephone number (828) 296-4500, or me at telephone number (919) 733-4574 should you have any questions concerning this matter. 1612 Mail Service Center, Raleigh, North Carolina 27699-1612 • Telephone 919.-733-4574 / FAX: 919-733-2876 512 North Salisbury Street, Raleigh, North Carolina, 27604 • Internet:http://www.dlr.enr.state.nc.us/pages/landqua]itysection.htmI Mr. Richard Britt March 9, 2010 Page 2 of 2 Sincerely, Steven M. McEvoy, P State Dam Safety Engine Land Quality Section SNWJCR cc: Mr. John F. Garner, PE, Design Engineer — S&ME, Inc. Ms. Janet Boyer, PE, Land Quality Regional Engineer Surface Water Protection Supervisor File Name: TRANS-015 20100309 RECT IA Line Runner Ridge Dam — Hazard confirmation NC®ENR North Carolina Department of Environment and Natural Resources Division of Land Resources Land Quality Section James D. Simons, PG, PE Director and State Geologist April 12, 2010 Line Runner Maintenance Corporation C/O Mr. Richard Britt P.O. Box 359 Rosman, NC 28772 RE: Dam Breach Analysis Line Runner Ridge Dam .Transylvania County State Dam ID: TRANS-015 Dear Mr. Britt: Beverly Eaves Perdue, Governor Dee Freeman, Secretary ,h l� APN -1 5 2010 WATER QUALITY SECTION PSH`VILLE REGIONAL OFFICE The dam breach analysis performed by S&ME for the referenced dam, received in this office on March 24, 2010 under transmittal letter dated March 3, 2010, has been reviewed. We concur with the findings of this analysis that a high hazard potential classification is presently warranted for this dam and since the dam height is shown to be approximately 37 feet, it is a medium size dam. All repairs to this dam must comply with the requirements of the North Carolina Administrative Code 15A-2K for a medium size, high hazard dam, and as such the spillway design flood (SDF) is '/z PMP and the frequency of operation of a vegetated earth or unlined emergency spillway cannot exceed once in 50 years. You may contact this office at telephone number (919) 733-4574 if you have questions or if we may be of further assistance in this matter. Sincerely, jG�.. teven M. McEvoy PE State Dam Safety En Land Quality Section SMM/WHH cc: Mr. John F. Garner, PE, Design Engineer — S&ME, Inc. Ms. Janet Boyer, PE, Land Quality Regional Engineer Surface Water Protection Supervisor File Name: TRANS-015_20100412_ Breach Report.doc_ Line Runner Ridge Dam 1612 Mail Service Center, Raleigh, North Carolina 27699-1612 • Telephone 919-733-4574 / FAX: 919-733-2876 512 North Salisbury Street, Raleigh, North Carolina, 27604 • Internet:http://wvvw.dlr.enr.state.nc.us/pages/landqualit section.html NCDENR I North Carolina Department of Environment and Na.to I��esdWesl 0 2010 .Division of Land Resources., Land Quality Section WATER QUALITY SECTION James D. Simons, PG, PE ABA �f. e''rilu'�Frno Director and State Geologist u Dee Freeman, Secretary May 17, 2010 NOTICE OF DEFICIENCY CERTIFIED MAIL-7008 0150 0000 7473 1911 CERTIFIED MAIL-7008 0150 0000 7473 1928 CERTIFIED MAIL-7008 0160 0000 7473 1935 RETURN RECEIPT REQUESTED Joyce Gellar P.O. Box 2482 Brevard, NC 28712 Forest Lake Estates POA 346 Forest Lake Road Brevard, NC 28712 RE: Forest Lake Dam, State ID No. TRANS-084 Hazard Potential: High; Transylvania County Dear Sir or Madam: Arlene J. Faul P.O. Box 2482 Brevard, NC 28712 The Dam Safety Law of 1967 provides for the certification and inspection of dams in the interest of public health, safety, and welfare, in order to reduce the risk of failure of dams, to prevent injuries to persons, damage to downstream property, and to ensure the maintenance of stream flows. A visual inspection of the referenced dam was conducted on April 13, 2010, by staff of the Land Quality Section Asheville Regional Office. The following conditions were noted: • The dam is impounding water, which was approximately 5 feet below normal pool elevation; also no repair work has been done after obtaining an Approval to Repair' on May 19, 2004, from our Director Jim Simons. The lake was to remain drained until an Approval to Impound letter is received from the Raleigh Office. If construction does not commence within one year after the Approval to Repair is issued; which was May 19, 2004, the approval shall expire and a new application shall be submitted. The Approval to Repair has expired and the permitting process must be restarted and another approval issued for repairs on the dam. 2090 US Highway 70, Swannanoa, North Carolina, 28778-8211 Telephone 828-296-4500 Fax 828-299-7043 One www.enr.state.nc.us NorthCarolina An Equal Opportunity 1 Affirmative Action Employer Naturally Notice of Deficiency Forest Lake Dam May 17, 2010 Page 2 of 2 These conditions appear serious and justify further engineering study to determine appropriate remedial measures. In the event of a dam failure, human life and significant property would be endangered because of the downstream location of a residence and state road down stream from the dam. In order to ensure the safety of this dam, you are directed to drain the impoundment and retain the services of a registered professional engineer or an experienced engineering firm to make a study of the conditions outlined in this letter. Plans and specifications for repair based on the results of the study must be filed with the Division of Land Resources for approval pursuant to the North Carolina Administrative Code, Title 15A, Subchapter 2K - Dam Safety (15A NCAC 2K). Two copies of this study and plan shall be submitted to this office by July 1, 2010. In addition to the above, the following remedial actions, not requiring design or approval, should be completed by May 31, 2010. These items include the following: • Mow the front and down stream slopes of the dam. • Remove small trees and bushes growing along the toe contact of the dam. • Remove woody debris from the emergency spillway and ensure that the spillway stays unobstructed. • Keep the bottom drain inlet clear of debris and maintain the lake in a drained condition. • Remove trees growing at the principal spillway barrel outlet. An Emergency Action Plan (EAP) is needed for this dam. The EAP must include all downstream hazards and all local emergency contact information. An EAP shell document can be reviewed at our website at http://www.dIr.enr.state.nc.us/pages/damsafetyprogram.htm1. Two copies of the EAP shall be submitted to the Division of Land Resources, 1612 Mail Service Center, Raleigh, NC 27699-1612, Attn: Mr. Steve McEvoy, PE, State Dam Safety Engineer, and a copy shall be provided to the local emergency management office. Please contact us at 828-296-4500 to advise us of your intended action in this matter. If we do not receive notification on or before July 1, 2010, we shall present the case information for appropriate enforcement action. Enforcement action could include a civil penalty of up to $500.00 per day of violation, and/or issuance of a Dam Safety Order requiring the repair or removal of this dam, and/or injunctive relief to gain compliance. incerely, , �t&5 Boyer, PE egional Engineer cc: Steve McEvoy, PE, State Dam Safet Engin G.;LQ\Transylvan ia\Dams1084 Forest Lake Dam1NOD 5-17-10.doc NCDENR North Carolina Department of Environment and Natu Division of Land Resources Land Quality Section James D. Simons, PG, PE Director and State Geologist May 14, 2010 NOTICE OF DEFICIENCY CERTIFIED MAIL -7008 0150 0000 7473 2154 CERTIFIED MAIL -7008 0150 0000 7473 2161 RETURN RECEIPT REQUESTED MAY 14 2010 Do I Kesources WATER QUALITY SECTION ASHEVILLE REGIONAL OFFICE Beverly Eaves Perdue, Governor __. Dee Freeman, Secretary Wallace W Booth William Halbert 505 Fox Hollow Lane 1150 Puritan Avenue Horse Shoe, NC 28742 Birmingham, MI 48009 RE: Pisgah Forest Farm Dam, State ID No. TRANS-050 Hazard Potential:. High; Transylvania County Dear Mr. Booth and Mr. Halbert: The Dam Safety Law of 1967 provides for the certification and inspection of dams in the interest of public health, safety, and welfare, in order to reduce the risk of failure of dams, to prevent injuries to persons, damage to downstream property, and to ensure the maintenance of stream flows. A visual inspection of the referenced dam was conducted on March 30, 2010, by staff of the Land Quality Section Asheville Regional Office. During this inspection, the following condition was noted: 1. The outlet of the emergency spillway pipes exit onto the downstream slope of the dam. This condition appears serious and justifies further engineering study to determine appropriate remedial measures. In the event of a dam failure, human life and significant property would be endangered because of the downstream location of Pisgah Forest Drive and Hart Road. Storm water exiting out of the emergency spillway pipes onto the downstream slop of the dam can cause erosion and possible slope failure. 2090 US Highway 70, Swannanoa, North Carolina, 28778-8211 Telephone 828-296-4500 . Fax 828-299-7043 www.ennstate.nc.us An Equal Opportunity / Affirmative Action Employer NorthCarolina ;Vatura!!# Notice of Deficiency Pisgah Forest Dam May 14, 2010. Page 2 of 2 In order to ensure the safety of this dam, you are directed to retain the services of a registered professional engineer or an experienced engineering firm to make a study of the condition outlined in this letter. Plans and specifications for repair based on the results of the study must be filed with the Division of Land Resources for approval pursuant to the North Carolina Administrative Code, Title 15A, Subchapter 2K - Dam Safety (15A NCAC 2K). Two copies of this study and plan shall be submitted to this office by July 30, 2010. Please contact us at 828-296-4500 to advise us of your intended action in this matter. If we do not receive notification on or before July 30, 2010, we shall present the case information for appropriate enforcement action. Enforcement action could include a civil penalty of up to $500.00 per day of violation, and/or issuance of a Dam Safety Order requiring the repair or removal of this dam, and/or injunctive relief to gain compliance. Sincerely, �y J Boyer, P R gional Engineer cc: Steve McEvoy, PE, State Dam Safety Engineer G:ILQ1Transylvania\Dams1050 Pisgah Forest Farm Dam1NOD 5-14-10.doc T.E. ALLEN ENGINEERING, P.C. Post Office Box 103 fl Rosman, North Carolina 28772 Phone (928) 877-4883 Finn # C-1997 Fax (828) 87-4893 June 10, 2010 S JECT�'--"Ag T UB '-' Toxaway, Tr,,aisylvania County, North Carolina Ms. Janet Boyer, PE NCDENTR 1,and Quality 2090 US Hwy 70 Swannanoa, NTC 28778 DearMs. Boyer: Please find the enclosed Scope -of -Work for the lzkc Toxawav Reservoir Lowering Project. This pT(-)Jeet is to lower the lake level. 18-feet to allow repairs to docks and water front structures, The lake is to be maintained at 18-feet below, nornial pout elevation for the, period of November 1, 2010 through March 15. 2011. The dewatering will be acconiplished by opening the existing bottom drain. The discharge will be monitored for e%,iciciicet)fse(Iiiiientorincreased turbidity. Should there beevidence o(sedimentor increased turbidity in the bottom drain discharge, the bottorn drain will be closed and the take level will be lowered with siphon(s). A minimum discharge flow will be maintained to prevent low flow impacts to the receiving watercourse. The repairs to the docks and ,vater front structures will be addressed under separate cover by the respective property- owners. Each property owner will be responsible for obtaining the required .permits for their respective repairs. If you have any questions or require any additional inforniation., please do not hesitate to contact me at (828) 877-4883 or email tealieneng ij)citconi.net. Sincerely, Terry "llen, P.E. Consulting Engineer Enclosures Copy Furnishw/ attachment: Ms..Linda Wiggs NCDENR Division of Water Quality 2090 US Hwy 70 Swannanoa,NC 28778 Ms. Tosha IL cCornAc Asheville Regulatory Field Office US Arrny Corps of Eng ,inters 151. Patton Ave, Room 208 Asheville, NC 28801-5006 K. Scott McCall.. Sr. LakeToxav,,ay Operations Manager 16801 Rosman Phvy P.O. Box 100 Lake'foxaway, N.C. 28747 DATA Type: Earth Fill Embankment Structural Height; 59.6 Feet Length: 700 Feet (Approximate) Top k1tidth: 25 Feet (Approximotc) Upstream Slope: Unknown Downstream Slope, 31-1: 1.OV (w/ two 10—foot wide benches) Normal Pool Elevation: 3008.21 Normal Freeboard: 11.18 Feet lvioximum Storage Capacity of Reservoir: 21,55D acre —fact The Contractor shall maintain the lake level at 18—feet below normal pool elevation for the period of NOV 1. 2010 t4ru MAR 15. 2011. The dewoterling features shall be checked, maintained, and adjusted on a regular basis and after each storm event. 'SEE NOTE 6. �)0190sv "c"I'l SUMMARY OF WORK — Lower Impoundment approximately 1.8—fact below normal pool elevation. The rote of dewatering shall not exceed I—ft per day. Prior to beginning the dewatering operation the existing bottom drain valve and siphon val%v--s shot[ be tested fo, operability. The existing bottom drain shall be activated first If the discharge from the bottom drain is not adequate to overcome the base flow as necessary to dewater the impoundment, the existing siphon shall be activated. If the combined flow from the bottom drain and the exiating siphon is not sufficient to dewater the lake, additional tompWary PVC siphons shall be added as required. A minimum discharge flow shall be mcfatained at all times as required to prevent low flow impacts to the reccivinS wotorcourse. See Sheets C-1 &- C-2 for additional requirements. EARTHEN DAM Stern & Handle for existing Bottom Drain ter Level Existing Vent Pipe Rise Volvo EXISTING BOTTOM DRAIN Temporary Inflotable Pipe PIL19--/ (Not to Sccle) BOTTOM DRAIN PROCEDURE Existing Bottom Drain Valve 1. Install temporary pipe plug in the bottom drain conduit.. Located PROCEDURE (Continued) plug 'in the conduit on downstream side of the bottom drain gate. Exact location of pipe plug to be determined by the Contractor. 6- The di-schorgc shall be monitored to insure that no sediment is discharged to the downstream watercourse. Where there is evidence 11 of sedimen�or increased turbidity in the disc Install steel brace end inflate pipe plug in accordance with discharge water, the bottom 4 drain valve shoil be closed and delwaipring shall be accomplished by monuflocturers written instructions. siphon(s)- Any sediment dischorged shall be removed by the 3, After the temporary pipe plug is installed, slowly open the bottom Contractor in accordance with MCDENR requirements. drain valve. Count and record the number of tums of the valve handle. Exercise and lubricate the valve and insure proper operation, 4. After the existing bottom drain valve has been made operational, the valve shall be closed and the temporary pipe plug shall be rer-noved- The Contractor is cautioned that the pipe plug will be under extreme pressure and removal shall be performed in accordance With the plug rnanufacturer's written instructions and perfo,,-me-4 by experienced personnel. The pressure shall be slowly relieved prior to remoAng the plug. 5. After the plug has been removed, the bottom drain valve shall be slowly opened to allow the impoundment to begin draining. The rate of dewatering shall not exceed 1—ft per day. A minimum discharge flow shall be maintained at oil times as required to prevent low 'low imports to the receiving watercourse. Sea Sheets C—I &- C-2 for additional reauirements. INFLATABLE PIPE PLUG Manufacturer- Trelloborg Engineered Systems iy;)c: OLS 500/120,0 ART No. 7660156 Pipe Diameter Range: 20— 48 inch V.oxirnurn Inflation Pressure. 44 PSI Weight, 114.6 tbs. The pipe plug is available at the Lake Toxaway Operations Manager's Office, POCC is Mr. Scott McColl Manufacturer's Instructions available at http; //wwvi.trelleborgqr.com/Documents/Pipeplugs.pdf r p n R 7 4w COX C-3 -Mr�ior. DAM DATA I The Contractor shall maintain the lake level at 18-feet below normal Type: Earth Fill EmbonVirnent pool elevation for the period of NOV 1. 2010 thru MAR 15, 2011. The Structural Height: 59-6 Feet dewotering features shall be checked, maintained, and adjusted on a Lencith: 700 Feet (Approximate) regular basis and after each storm event. Top Width- 25 Feet (Approximate) Upstream Slope: Unknown Downstream Slope- 3H: I.OV (w/ two 10-fook wide benches) Normal Pool Elevation- 3008.21 SIPHON SYSTEM. The Contractor is cautioned that the siphon volves Normal Freeboard: 11.18 Feet may not have been exercised regLilorly. The existing volve(s) may be Maximum Storage Capacity of Reservoir: 21,550 ocre-feet difficult to open ond/or 'impossible to close. The existing valves shall 1-!� -E N L) Z too , j zoo� be tested for operability prior to beginning the de -watering operation. CL CD G Manhole w/ 16" shear gate valve and a 6" air vent 9j; 3 priming tube & shear gate valve. (location approximate) Manhole w/ Flow Meter (location approximate) Water Level __j (_____Norma cel leve tIon ) Siphon Discharge eof EARTHIEN DAM IDo + -2 Er,d Volvo - Existing Siphon Pipe ----'- Siphon Intake -I (locationalignment approximate)` z T ABUTMENT OF DAM C: (Not to Scale) i> SIPHON PROCEDURE X b 1- Slowly open and exercise the existing valves. Insure all existing siphon valve are operational. > zi 2. Close existing valve on discharge end of siphon. Open the 3 -J intermediate in -line siphon valves. Fully open the 6-inch air vent valve and prime the siphon by filling the entire siphon pipe with wGter. A portable pump --rill be required to accoi-riplish the siphor, priming. Fill the siphon pipe up to its invert at Its highest point on the crest of the dom. (This will occur on its own if the water level in the take is above this invert elevation. if the water level in the lake is below the highest invert of the siphon pipe and no water is flowing in the siphon spillway, then water wall need to be pumped into the siphon through the 6—inch priming tube. z 3. Close the 5—inch valve on the veAt pipe-. I - Z6�,0-2010 i 4. Open the end volve at the downstream end of the siphon pipe_ �6- Extreme care must to be exercised whenopening the valve as it 'Will be under a great deal of pressure. This should only be performed by C-4 k qualified personnel. GENERAL NOTES (Continued): 9,0 DEWATERING PROCEDURE - Lower impoundment epproximately 18-foot below normal pool elevation. 'The rate of dewatering shall riot exceed 1-ft per day, Prior 'Q Deqinninq the dewotering operation, the existina bottom drain valve and siphon VCIVe5 shelf be tested for operability. The existing bottom drain shall De activated first- If the discharge from the bottom drain is not adequate to overcome the base flow as necessary to dewoter the impoundment, the existing siphon shall be octivoled. If trie cornbined flow from the bottom drain and the existing siphon is not sufficient to dewater the lake, additional temporary PVC siphons shall be added as required- A minimum discharge flow shall be maintained at all times as required to prevent low flow impacts to the receiving watercourse. 9.1 EXISTING BOTTOM DRAIN VALVE. The Contractor is cautioned that this valve may not have been exerclseU regulurly. The existing valve may be difficult to open and/or impossible to close. The existing bottom( drain valve shall be tested for operob-ifily prior to beg -inning the clewatering operation, 9.1-1 install temporary pipe plug in the bottom drain conduit. The pipe plug is available at the Lake Toxa%.vcy Operations Manager's Office, POC is W. Scott McCall. Located plug in the conduit on downstream side of the bottom drain gate. Install steel brace and inflate pipe plug in accordance with the manufacturer's written instructions. 9.1.2 After the temporary pipe plug is installed, slowly opim the "I bottom drain valve. Count and record the number of turns of the valve handle. Exercise the valve and insure Proper operation. 9,1.3 OPTION 1. Should the vahv foil to fully opRn or to fully close, the Contractor shall remove the existing valve and Install a new valve of like model and type. This operation may require a diving operation. The price for the valve replacement should be identified cis a separate flne item entitled *OP-110N 11" on the Contractor's propose]. 9.1,4 After the existing bottom drain valve has been mode operational, the valve shall be closed and tie temporary pipe plug shrill be removed. The Contractor is cautioned that the pipe plug will be under extreme pressure cnd removal -triall be performed in accordance with the plug manufacturer's written instructions and performed by experienced peraonnel. The pressure shall be slowly relieved prior to removing the plug. After the plug has been removed. the bottom drain valve shah be slowly opened 410 allow the impoundment to begin draining. The rate of dewoferir;g shall not exceed 1-ft per day. 9.1-5 The discharge s'�aii be mo-)'itored to insure that no sediment is discharged to the, downstream watercourse. Where there is evidence of sediment or increased turbidity in the discharge water, the bottom drain valve shall be closed and dewatering shall be accomplished by siphon(s). Any sediment discharged shall be removed by the Contractor. 09.2 EXISTING SIPHON SYSTEA,4. The Contiraztor is -cautioned that the siphon valves may not have been exerc:sed regul-,r'y. The existing valvels' may tie difficult to open and/or impossibleIn close. The existing valves she;] be tested for operability prior to beginning the dewotering operation - 9.2.1 OPTION 2. Si-,ould the valve(s) fell to fully open or to fully close, the Contractor shall rerrove the existing valve and install a 21 'E 3 E D z ¢ d CD IL La 0: . ... .. U �Z! new valve of like model and type. This operation should be LLR performed in the dry after the Joke level has been lowered by the opening the existing bottom drain valve as described in paragraph 9. z ;R The price for valve replacement should be identified as a separate "OPTION the A-7 line item entitled 2' on Coltractor'$ proposal, LLJ LLJ 12 z ,2.2 Test and exercise all siphon valves. Insure all valves ore fully cDerotional- Close end valve completely. :z W 9.3 Open the interniledipte in -line siphon VGIV23, leaving the end � K valve closed. Fully open the 6-Anch air vent valve and prime the W - siphon by filling the entire siphon pipe with water. A portable pump _j will be required to accomplish the siphon priming. Fill the siphon < pipe up to its invert o! its Fignest point on the crest of the dom- (This will occur on its own if the water level in the icke is above this o invert islevotion. 11 the water leve' in the lake is below the highest invert of the siphon pipe and no water is flowing in the siphon spillway, then water will need to be pumped into the siphon through the 6-inch priming tube. 13,4 Close the 6-inch valve on the vent pipe, 9.5 Open the now end wive at the downstream end of the siphon �7 pipe. Extreme care must to be exercised when opening the wive as � :t will de under a grew; deal of pressure. This should only be performed by qualified personnel. 0 9-6 Repeat the above procedure as required to prime siphon and X r, establish full sipho-) flow. Several iterations may be required. CONDITION, FOR USE OF THIS PLAN - The existing --larn was designed by others. By accepting this plan, you and any others to whom it is distributec, agree to a strict limitation of liability for Terry T. Allen PE. T.E. ALLEN ENGINEERING, F.C.. end its employees to an amount riot to exceed the fee poia in hand. �C-2 0_1 �HUI �.. 4 Uri:; 7,1- HUSERWCH 2D L E H 1�r H Crci" Q 7i a ti ft M "'W", rK1, I FTo 2 " It, 4111 , �Ij, GENERAL NOTES: 1.0 The Lake Toxawoy Impoundment shall be lowered approximately 16 feet below normal pool elevation to facilitate maintenance of existing docks and waterfront facilities. The rote of dewatering shall not exceed 1-ft per day. A, minimum discharge flow shall be maintained at oil time-, as required to prevent low flow impacts to the receiving watercourse, The Contractor shall maintain the take level at 18-feet below normal pool elevation for the period of NOV 1, 2010 thru MAR15 2 _Q_11. The dewaterirg features shall be checked, moinl1ained, and adjusted on a regutor basis and offer each storm event. 2,0 The work described herein is for lowering the Lake level only. Repairs to the existing private docks and water front facilities shall be addressed under separate cover by the respective property owners. The dock repairs may require a "Certificate of Approvcl" from the NCDENR Division of Land Resources, Land Quality Section; US Army Corps of Engineers Section 404 -wetionds permit; and NCDENF Division of Woter Duality Section 401 Wcter Ouality Permit, Sedimentation &. Erosion Control Permit, and olhar permits deemed necessory by authorities having jurisdiction over the projects. Each respective property owner shall be. responsible for obtaining all required permits for their repairs, 3,0 All work shall be in accordance with the latest edition of the North Carolina State Building Code, OSHA Safety and Health Requirements. NC Dam Safety 2K, Title -15A -of the North Carolina Administrative Code, NC Sedir-nentation Pollution Control Act, and all other applicable codes, ordinances, and regulations. 4. 0 The Contractor shall locate, flog, and protect oil existing utilities prior to beginning work, The Contractor shall coordinate all work with the Lake Toxaway Operations Manager (Mr. Scott Mccoo), 1161301 Rosman My, Lake Toxawoy, NC 28747, 5,0 The Contractor shall exercise care to preserve the natural landscape and wotLrways and shall conduct the impoundment lowering operations so as to prevent any unnecessary destruction, scaring, or defacing of the natural surroundings in the vicinity of the work. All unnecessary destruction, scarring, damage or defacing of the natural landscape sFal- be corrected at the contractor's expense- 15.0 All construction materials and debris shall be removed from the site upon completion of the protect cnd the area shcI1 be graded so as that oil surfaces drain naturally, blend with the natural terrain, and are left in a condition that facilitate sown ground covers and natural rev. 7.0 The Contractor's activities shall be performed by methods thot will prevent entrance, or accidental spillage, of so[ -id matter. contaminants, debris, or other pollutants and wastes into streams, flowing at dry veatercourses, Ickes or underground water sOurces. 8.0 EXISTING RESER\10IR DRAIN SYSTEM 8.1 BOTTOM DRAIN. The reservoir drain system consists of a drain gate and conduit ex -.ending through the dam beneath the earthfill embankment. Records show that the drain gate is a 48-inch diameter slide gate rnaunted on c concrete heodwall. The gate is operated from the top of the steel tower using a hand crank: to op[Irote the pedestal lift and the rising stem. The steel Lower also serves cs a s-jpport for the stem guides for the drain gate rising stem and the air vent for providing air to the conduit during drain gate operation. The air vent consists of c 4-`inch diameter ductile iron pipe, with a 2 %-inch diameter section of pipe at the bottom I .he, is attached to the opening in the top of the conduit. A marker buoy is located between the reservoir drain gate and the upstream slope of the dam, 8.1.1 BOTTOM DRAIN CONDUIT. The conduit consists of a 48-inch diameter corrugated metal pipe {CAMP) with a 35.5-inch diameter High Density Polye0y!ene (HDPE) liner. The HDPE liner has a 2-inch wall thickness and the annular space between the liner pipe and the CMP is graLuted with cementitious grout through grout ports, A 3-foot long stoirless steel trcns,tion section is located at the upstream end of the liner pipe, The transition section has a 48-inch flared end !ocated 3-inches from the drain gate that reduces to 35.5-inches in diornater approxi-notely 12-in-.he5 from the drain gate. The transition section is anchored to the concrete headwall from the inside of the conduit. Inspection records *M(flcole that there is seepage occurring at the top of the transition section at the drain pate and at the -faint between the Fner pipe and the tronsition section, 8.2 MINIMUM RELEASE SIPHON SYSTEM. A minimum release siphon system exists in the right abutment of the dam, on the left side of the spillway. Records indicate that the siphon consists of a 16-inch ductile iron pipe that extends into the lake to a depth of 33-feet below the normal pool elevation of the reservoir and is 5-foot off the. bottom of the reservoir. The siphon distharge5 into the spillway natural outlet channel approximately 300 feet clownstrearn of the end all the !eft spillway well. A 115-inch diameter shear gate valve and a 6-Inch diameter air vent priming tube and shear gate volve are located in a manhole in the abutment upstrearn of the flow motor. The flow meter Is located in a manhole immediately downstream of the priming tube/upstream valve manhole. The flow meter is an electromagnetic type. A display unit with LED display powered by electricity is mounted in a box on a post adjacent to the flow meter manhole. The display unit appears to not be functional, The siphon intake is located in o galvanized steel frame structure with trash guard over the oper, end of the pipe. A 16-inch diameter shear gate valve is located 8-feet from the outlet end of the siphon pipe.. The valve on the outlet eric of the siphon can be adjusted and the :Z0 flow meter display raa6 to odjust the flow from the siphon system I (however, the flow meter display is not functional), 3-3 INSTRUMENTATION. Records indicate that there are four 14) piezometers installed on the dam to monitor the phrentic water W6E wt C_ 1. �IHET: ef . l_`At NCDENR North Carolina Department of Environment and Natural Resources Division of Land Resources Land Quality Section James D. Simons, PG, PE Director and State Geologist April 30, 2010 Lake Toxaway Homeowners Association Attn: Jim Horman Post Office Box 100 Lake Toxaway, North Carolina 28747 RE: Lake Toxaway (Lower) Dam Transylvania County State Dam ID: TRANS-024 Dear Mr. Horman: Beverly Eaves Perdue, Governor Dee Freeman, Secretary This is to acknowledge receipt of your Emergency Action Plan (EAP) dated April 15, 2010 for the subject dam. The EAP was received in our office on April 23, 2010. We appreciate your efforts toward developing an EAP for the subject dam. An accurate EAP will reduce the likelihood for loss of life should the dam fail. Your EAP will be reviewed by this office along with other Dam Safety applications in the order received, except that repairs to existing high hazard potential dams with known safety issues will be given priority. Please contact Ms. Janet Boyer, Regional Engineer, Land Quality Section, 2090 U.S. Highway 70, Swannanoa, North Carolina 28778, telephone number (828) 296-4500, or me at telephone number (919) 733-4574 should you have questions concerning this matter. ,e Sincerly � � . � Po Steven M. McEvoy, PE E C E 0 E State Dam Safety Engineer Land Quality Section 1 AY - 7 2010 SMM/whd ----� LA iEVILLE REGIONAL OFFICE cc: Ms. Janet Boyer, PE, Land Quality Regional Engineer Surface"Water Protection' R-egionai-supervisor� _ --. Filename: TRANS-024 20100430 EAP RECT 1612 Mail Service Center, Raleigh, North Carolina 27699-1612 • Telephone 919-733-4574 / FAX: 919-733-2876 512 North Salisbury Street, Raleigh, North Carolina, 27604 • Internet:hftp://www.dIr.enr.state.nc.us/pages/landqualitysection.html B*a NCDENR North Carolina Department of Environment and Natural Resources Division of Land Resources Land Quality Section James D. Simons, PG, PE Director and State Geologist April 19, 2010 Sherwood Forest Homeowner's Association Attn: Mr. Tom Oosting 140 Grouse Lane Brevard, North Carolina 28712 RE: Tarheel Dam Transylvania County State Dam ID: TRANS-042-I Dear Mr. Oosting: Beverly Eaves Perdue, Governor Dee Freeman, Secretary This is to acknowledge receipt of your "as -built" submittal and application for impoundment approval dated April 13, 2010 for the subject dam. The submittal was received in our office on April 16, 2010. Applications requiring an Approval to Impound require a comprehensive field inspection by our Regional Office personnel. Upon completion of the requisite field inspection and finding by our field personnel that the dam has been constructed in conformance with the approved plan and as reported in the as -built submittal, out office will issue an Approval to Impound. If significant discrepancies are found to exist, revisions may be required before Approval to Impound can be issued. In view of our current workload, we anticipate that it will take no more than 30 days from date of receipt of the as -built submittal to issue a response. Please contact Ms. Janet Boyer, Regional Engineer, Land Quality Section, 2090 U.S. Highway 70, Swannanoa, North Carolina 28778, telephone number (828) 296-4500, or me at telephone number (919) 733-4574 should you have any questions concerning this matter. Sincerely, Steven M. McEvoy, State Dam Safety Engine ' Land Quality Section SMWJCR APR 2 3 2010 i - hA ET R QUALITY g -'—' �'[1iI�LFcGiONALCOTION c 1612 Mail Service Center, Raleigh, North Carolina 27699-1612 • Telephone 919-733-4574 / FAX: 919-733-2876 512 North Salisbury Street, Raleigh, North Carolina, 27604 • Internet:http://www.dIr.enr.state.nc.us/pages/landqualitysection.html Mr. Tom Oosting April 19, 2010 Page 2 of 2 cc: Mr. J. C. Bumgarner, PE, Design Engineer — Pinnacle Engineers, PC Ms. Janet Boyer, PE, Land Quality Regional Engineer Surface Water Protection Supervisor File Name: TRANS-042 20100419 RECT Tarheel Dam — As -built repair NCDENR JUN — 2 2010 I ' North Carolina Department of Environment and Natu al R sources Division of Land Resources WATER QUALITY SECTION Land Quality Section James D. Simons, PG, PE Director and State Geologist Final Approval to Impound May 21, 2010 Sherwood Forest Homeowners Association C/o Mr. Tom Oosting 140 Grouse Lane Brevard, North Carolina 28712 RE: Tarheel Lake Dam Transylvania County State Dam ID: TRANS-042 Dear Mr. Oosting: ASHEVILLE REGIONAL OFFICE •�,.�_�,Beverly�l�avEs`P,erdup,yG4vernor._.�F.�4-W � ---.._.D.ee.l=.•mp-mann ,Secretary �+ This concerns the subject dam recently repaired pursuant to issuance of a Certificate of Approval to Repair dated July 29, 2009 as required by the Dam Safety Law of 1967. Record Drawings and the engineer's certification were received on April 16, 2010. The dam was certified by Mr. J.C. Bumgarner, PE. An inspection of this dam was made by Land Quality Section staff of the Asheville Regional Office on May 5, 2010. The dam was found to be in general conformance with the approved plans and specifications, and you may impound water._ The Land Quality Section staff will make periodic inspections of this dam to assure that the dam is being maintained in good operating condition. These inspections, however, will be relatively infrequent. It is advised that you closely inspect and monitor your dam, and that you notify your engineer and the Division of Land Resources if you see or suspect any problems concerning its safety. Sincerely, / Steven M. McEvo , P State Dam Safety E ineer Land Quality Section cc: Mr. J.C. Bumgarner, PE Ms. Janet Boyer, PE Surface Water Protection Regional Supervisor File Name: TRANS-042 2010052] COFA Tarheel Lake Dam 1612 Mail Service Center, Raleigh, North Carolina 27699-1612 • Telephone 919-733-4574 / FAX: 919-733-2876 512 North Salisbury Street, Raleigh, North Carolina, 27604 Internet:http://www.dlr.enr.state.nc.us/pages/land qual4section.html NCDENR North Carolina Department of Environment and Natural Resources Division of Land Resources Land Quality Section James D. Simons, PG, PE Beverly Eaves Perdue, Governor Director and State Geologist Dee Freeman, Secretary July 28, 2010 Mr. Josh Leder rFAUG E v �jj E Dr. Samuel Leder ' East Fork Lake Properties, LLC ' 4755 Technology Way, Suite 202. ®2 2��0 Boca Raton, Florida 33431-3338 ..J RE: Lora Young Dam Transylvania County - TRANS-016 Dear Mr. & Dr. Leder: This is to acknowledge receipt of your application dated July 22, 2010 for the breaching of the subject dam. The application was received in our office on July 26, 2010. The minimum application -processing fee of $200.00 as required by North Carolina Administrative Code, Title 15A, Subchapter 2K .0222 was not received and is required before this office can process your application. Once the minimum application -processing fee of $200 is received we will proceed with a review of your application. In order for the application to retain its place in the order of reviews the above items must be received within thirty days. Applications requiring an approval to breach a dam will be reviewed by this office in the order they are received except that existing high hazard potential dams with known safety issues will be given priority. We endeavor to respond to applications within 60 days of receipt of the application. Please contact Ms. Janet Boyer, PE, Regional Engineer, Land Quality Section, 2090 U.S. Highway 70, Swannanoa, North Carolina 28778, telephone number (828) 296-4500, or me at telephone number (919) 733-4574 should you have any questions concerning this matter. Sincerely, /Y� Steven M. McEvoy, P . State Dam Safety Engin Land Quality Section SMM/rdk cc: Mr. T.E. Allen, PE, Design Engineer Ms. Janet Boyer, PE, Land Quality Regional Engineer Surface Water Protection Supervisor. 1612 Mail Service Center, Raleigh, North Carolina 27699-1612 • Telephone 919-733-4574 / FAX: 919-733-2876 512 North Salisbury Street, Raleigh, North Carolina, 27604 • lnternet:http://www.dir.enr.state.nc.us/pages/landqualitysection.html .441114 Rd ENR North Carolina Department of Environment and Natu Division of Land Resources James D. Simons, PG, PE Director and State Geologist Land Quality Section June 3, 2010 NOTICE OF DEFICIENCY CERTIFIED MAIL-7008 0150 0000 7473 2505 RETURN RECEIPT REQUESTED Corporate Creations Network Inc. 15720 John J. Delaney Drive #300 Charlotte NC 28277 RE: Young Dam, State ID No. TRANS-016 Hazard Potential: High; Transylvania County Dear Sir or Madam: Flid wE -- 4 2010 ---��r I R6,,­ WC ALITt7 Y SECTION P,SHE-ViLLE REGIONAL OFFICE �.... Beverly Eaves Perdpe, Governor Dee Freeman, Secretary The Dam Safety Law of 1967 provides for the certification and inspection of dams in the interest of public health, safety, and welfare, in order to reduce the risk of failure of dams, to prevent injuries to persons, damage to downstream property, and to ensure the maintenance of stream flows. A visual inspection of the referenced dam was conducted on March 30, 2010 by staff of the Land Quality Section Asheville Regional Office. During this inspection, the following conditions were noted: An emergency partial breach of the dam was performed during the week of April 26, 1999. The breach was necessitated because of seepage, slope instability, and deterioration of the corrugated metal bottom drain pipe. Measurements indicate the partial breach is twelve -feet wide and thirteen -feet below the top of the dam in original soil and weathered rock. This partial breach has lowered the normal pool elevation by about ten feet. The volume of water impounded by the dam under normal conditions is estimated to be now thirty percent of its original normal pool storage. However, the dam still impounds approximately forty-five acre- feet of water under normal conditions. As long as this impoundment is more than ten -acre feet and the dam is fifteen feet in height or classified as high hazard, the dam will remain under the State's jurisdiction. Since failure of the dam could result in loss of life and significant property damage, it remains classified as high hazard. Seepage is present along the toe of the dam near the bottom drain outlet. We remain concerned about the condition of the old rusted and misaligned corrugated metal pipe bottom drain. Unless an approved breach plan is carried out, you must fill the old pipe with grout or remove it. Plans to accomplish this must be developed by a licensed engineer and submitted to the State Dam Safety Engineer for approval. 2090 US Highway 70, Swannanoa, North Carolina, 28778-8211 Telephone 828-296-4500 Fax 828-299-7043 www.enr.state.nc.us NOne orthCarolina An Equal Opportunity / Affirmative Action Employer Aat rally Ada Notice of Deficiency Young Dam, TRANS-016 June 3, 2010 Page 2 of 2 These conditions appear serious and justify further engineering study to determine appropriate remedial measures. In the event of a dam failure, human life and significant property would be endangered because of the downstream location of a residence and SR 1107 East Fork Road. In order to ensure the safety of this dam, you are directed to retain the services of a registered professional engineer or an experienced engineering firm to make a study of the conditions outlined in this letter. Plans and specifications for repair based on the results of the study must be filed with the Division of Land Resources for approval pursuant to the North Carolina Administrative Code, Title 15A, Subchapter 2K - Dam Safety (15A NCAC 2K). Two copies of this study and plan shall be submitted to this office by July 1, 2010. In addition to the above, the following remedial actions, not requiring design or approval, should be completed by July 1, 2010. These items include the following: • The dam is to remain in its partially breached condition until a full breach plan has been approved by the State Dam Safety Engineer. Inspect the partial breach area periodically and ensure that the channel is not obstructed. • Trees and bushes are growing on the dam again. Though this growth has been cut off the dam in the past, you need to keep it off by re -cutting periodically. After cutting, the laps and limbs should be removed from the dam and a good grass cover should be established and maintained. An Emergency Action Plan (EAP) is needed for this dam. The EAP must include all downstream hazards and all local emergency contact information. An EAP shell document can be reviewed at our website at http://www.dIr.enr.state.nc.us/pages/damsafetyprogram.htm1. Two copies of the EAP shall be submitted to the Division of Land Resources, 1612 Mail Service Center, Raleigh, NC 27699-1612, Attn: Mr. Steve McEvoy, PE, State Dam Safety Engineer, and a copy shall be provided to the local emergency management office. Please contact us at 828-296-4500 to advise us of your intended action in this matter. If we do not receive notification on or before July 1, 2010, we shall present the case information for appropriate enforcement action. Enforcement action could include a civil penalty of up to $500.00 per day of violation, and/or issuance of a Dam Safety Order requiring the repair or removal of this dam, and/or injunctive relief to gain compliance. Sincerely, �L Ja et S. Boyer, PE R gional Engineer cc: Steve McEvoy, PE, State Dam Safety Engineer -RzgewE—dwar ;s,5urface=Water-Protect�o:r<-,Regio—n-al�upervisor G:1LQ1Transy1vania\Dams1016 Young DamINOD 6-03-10.doc NCDENR North Carolina Department of Environment Division of Land Resou Land Quality Section � James D. Simons, PG, PE Director and State Geologist May 17, 2010 ..,, 7 `�� MAY 18 aato grad Nat ral Resources rye WATER QUALITY SECTION ASHEVILLE REC1'tnn1ai me „- NOTICE OF DEFICIENCY CERTIFIED MAIL-7008 0150 0000 7473 1843 RETURN RECEIPT REQUESTED East Fork Lake Property LLC 6530 West Rogers Circle Suite 31 Boca Raton, FL 33487 . RE: Young Dam, State ID No. TRANS-016 Hazard Potential: High; Transylvania County Dear Sir or Madam: Dee Freeman"Se The Dam Safety Law of 1967 provides for the certification and inspection of dams in the interest of public health, safety, and welfare, in order to reduce the risk of failure of dams, to prevent injuries to persons, damage to downstream property, and to ensure the maintenance of stream flows. A visual inspection of the referenced dam was conducted on March 30, 2010 by staff of the Land Quality Section Asheville Regional Office. During this inspection, the following conditions were noted: An emergency partial breach of the dam was performed during the week of April 26, 1999. The breach was necessitated because of seepage, slope instability, and deterioration of the corrugated metal bottom drain pipe. Measurements indicate the partial breach is twelve -feet wide and thirteen -feet below the top of the dam in .original soil and weathered rock. This partial breach has lowered the normal pool elevation by about ten feet. The volume of water impounded by the dam under normal conditions is estimated to be now thirty percent of its original normal pool storage. However, the dam still impounds approximately forty-five acre- feet of water under normal conditions. As long as this impoundment is more than ten -acre feet and the dam is fifteen feet in height or classified as high hazard, the dam will remain under the State's jurisdiction. Since failure of the dam could result in loss of life and significant property damage, it remains classified as high hazard. Seepage is present along the toe of the dam near the bottom drain outlet. We remain concerned about the condition of the old rusted and misaligned corrugated -metal pipe bottom drain. Unless an approved breach plan is carried out, you must fill the old pipe with grout or remove it. Plans to accomplish this must be 2090 US Highway 70, Swannanoa, North Carolina, 28778-8211 Telephone 828-296-4500 Fax 828-299-7043 One www.ennstate.nc.us NorthCarolina An Equal Opportunity / Affifmative Action Employer Naturally Notice of Deficiency Young Dam, TRANS-Q16`.:. ._i. May 17, 2010 Page 2 of 2 developed by a licensed engineer and submitted to the State Dam Safety Engineer for approval. t - These 8onditions appear serious and justify further engineering study to determine appropriate remedial measures: - In the event of a dam failure, human life and significant property would be endangered because of the downstream location of a residence and SR 1107 East Fork Road. In order to ensure the safety of this dam, you are directed to retain the services of a registered professional engineer or an experienced engineering firmto make a study of the conditions outlined in this letter. Plans and specifications for repair based on the results of the study must be filed with the Division of Land Resources for approval pursuant to the North Carolina Administrative Code, Title 15A,. Subchapter 2K - Dam Safety (15A NCAC 2K). Two copies of this study and plan shall be submitted to this office by July 1, 2010. In addition to the above, the following remedial actions, not requiring design or approval, should be completed by July 1, 2010. These items include the following: • The dam is to remain in its partially, breached condition until a full breach plan has been approved by the State Dam Safety Engineer. Inspect the partial breach area periodically and ensure that the channel is not obstructed. • Trees and bushes are growing on the dam again. Though this growth has been cut off the dam in the past, you need to keep it off by re -cutting periodically. After cutting, the laps and limbs should be removed from the dam and a good grass cover should be established and maintained. An Emergency Action Plan (EAP) is needed for this dam. The EAP must include all downstream hazards and all local emergency contact information. An EAP shell document can be reviewed at our website at http://www.dIr.enr.state.nc.us/pages/damsafetyprogram.htm1. Two copies of the EAP shall be submitted to the Division of Land Resources, 1612 Mail Service Center, Raleigh, NC 27699-1612, Attn: Mr. Steve McEvoy, PE, State Dam Safety Engineer, and a copy shall be provided to the local emergency management office. Please contact us at 828-296-4500 to advise us of your intended action in this matter. If we do not receive notification on or before July 1, 2010, we shall present the case information for appropriate enforcement action. Enforcement action could include a civil penalty of up to $500.00 per day of violation, and/or issuance of a Dam Safety Order requiring the repair or removal of this dam, and/or injunctive relief to gain compliance. Sincerely, yegiona .. BoyerPEl Engineer cc: Steve McEvoy, PE, State Dam Safety Engineer MUMEMENORM G:\LQ\Transy1vania\Dams\016 Young Dam\NOD 5-17-10.doc NCDENR North Carolina Department of Environment and Natural Resources Division of Land Resources Land Quality Section James D. Simons, PG, PE Director and State Geologist February 12, 2010 CERTIFIED MAIL RETURN RECEIPT Mr. Dwight E. Graber P.O. Box 445 Center Hill, Florida 33514 Mr. Dwight Graber P.O. Box 195 Lake Toxaway, North Carolina 28747 RE: Graber Dam i ransylvania ;ourity State Dam ID: TRANS-085 Dear Mr. Graber: Beverly Eaves Perdue, Governor Dee Freeman, Secretary Mr. Dwight E. Graber, Registered Agent Balsam Grove LLC P.O. Box 224 Balsam Grove, North Carolina 28708 This is to acknowledge receipt of your addendum dated February 10, 2010 for the repair of the subject dam. The application was received in our office on February 12, 2010. Addendums requiring an approval to repair a dam will be reviewed by this office in the order they are received, except that existing high hazard potential dams with known safety problems will be prioritized. We endeavor to respond to applications within 60 days of receipt of the application. Please contact Ms. Janet Boyer, Regional Engineer, Land Quality Section, 2090 U.S. Highway 70, Swannanoa, North Carolina 28778, telephone number (828) 296-4500, or me at telephone number (919) 733-4574 should you have any questions concerning this matter. Sincerely, Steven M. McEvoy, PE State Dam Safety Enginee Land Quality Section SMM/JCR ff }I 17w FEB 18 2010 �. WATER CJ.ALITY SECTION A iEVil LE Fi !ON, .L OFPICE 1612 Mail Service Center, Raleigh, North Carolina 27699-1612 • Telephone 919-733-4574 / FAX: 919-733-2876 512 North Salisbury Street, Raleigh, North Carolina, 27604 • Internet:http://www.dlr.enr.state.nc.us/pages/landqualitysection.htmi Mr. Dwight E. Graber February 12, 2010 Page 2 of 2 cc: Mr. Terry E. Allen, PE, Design Engineer — T.E. Allen Engineering, P.C. Ms. Janet Boyer, PE, Land Quality Regional Engineer ;Su'rfac&Water Protection Supervisor«, File Name: TRANS-085 20100212 RECT Graber Lake - Addendum A _ NCDENR North Carolina Department of Environment and N Division of Land Resources James D. Simons, PG, PE Director and State Geologist Certificate of Approval May 25, 2010 CERTIFIED MAIL RETURN RECEIPT Mr. Dwight Graber Balsam Grove, LLC P.O. Box 445 Center Hill, Florida 33514 RE: Approval to Repair (Alternate # 1) Graber Dam Transylvania County State ID: TRANS-085-H Dear Mr. Graber-7 This is in response to your submission dated May 10, 2010 revised May 19, 2010, received on May 14, 2010 with revision received on May 24, 2010 of plans, specifications and design data for repair of the subject dam in compliance with the Dam Safety Law of 1967. This dam is of high hazard classification. The plans, specifications and design data submitted were prepared under the supervision of Mr. Terry E. Allen, PE. This letter constitutes approval of the proposal to repair the subject dam according to the plans and specifications received by this Division on May 14, 2019 and revision on May 24, 2010 with the following stipulations: 1. Project construction shall be supervised by Mr. Terry E. Allen, PE. Mr. Terry E. Allen, PE shall be responsible for field observation of construction as necessary to ensure compliance with approved plans. 2. During construction, the Division of Land Resources may require such progress reports as are deemed necessary, including quality control testing results. 3. In accordance with GS.143-215.29 and NCAC 15A-2K .0203, .0215, and .0212, within 30 days of completion of the project, Mr. Terry E. Allen, PE shall inspect the completed work and upon finding that the work has been done as specified and the dam is safe, shall file with the Division of Land Resources two sets of record drawings and a certificate 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 Telephone 919-733-3833 / FAX: 919-715-8801 • Internet: hftp://www.dIr.enr.state.nc.us/index.htmI Mr. Dwight Graber Graber Dam, Certificate of Approval (Alt. #1) May 25, 2010 Page 2 of 2 stating that the work has been completed in accordance with approved plans, specifications and other requirements. 4. No water shall be impounded behind the dam until final approval is issued by the Division of Land Resources for operation of this dam. Also, draining of the lake shall be performed in such a manner as to preclude off -site sedimentation. 5. An emergency action plan (EAP) and an operation and maintenance (O&M) plan are required for all high hazard dams. The O&M plan should address routine maintenance, frequency of piezometer readings, frequency of inspections by the owner or the owner's representative, and annual operation of the bottom drain to ensure that it is functional. It is strongly recommended that the EAP be submitted prior to commencing repairs to deal with problems that may arise during construction. Nevertheless, both the EAP and O&M plan must be received prior to issuance of an approval to impound. 6. You must notify Ms. Janet Boyer, Regional Engineer, Land Quality Section, 2090 U.S. Highway 70, Swannanoa, North Carolina 28778, telephone number (828) 296-4500 ten days before the start of construction. The Army Corps of Engineers and the Water Quality Section of this Department should be contacted to determine if additional permits are required. Also, the erosion and sediment control program having jurisdiction should be contacted to determine permit requirements. In any case, sediment must be prevented from entering the waters of the state or flowing onto neighboring property. Construction of the repairs must begin within one year of the date of this letter or this approval is void. For assistance you may contact the Asheville Regional Office at (828) 296-4500 or a staff member of the Dam Safety Program in the Raleigh Central Office at telephone number (919) 733-4574. Sincerely, James D. Simons, PG, PE Director and State Geologist JDS/smm cc: Mr. Terry E. Allen, PE, Design Engineer Ms. Janet Boyer, PE, Land Quality Regional Engineer Surface'.Water Protedion-Supervisor- File Name: TRANS-085 20090525 COAR-A1_Graber Dam NCDENR North Carolina Department of Environment and Natu Division of Land Resources ; Land Quality Section James D. Simons, PG, PE Director and State Geologist March 22, 2010 Mr. Peter A. R. Findlay 28 Canterbury Trace Brevard, North Carolina 28712-9517 RE: Deer Lake Dam Transylvania County State Dam ID: TRANS-007 Dear Mr. Findlay: 411� Nf taR 2. 9 2010 ral Resources tniaTER CI!jA.!-rrr -„ OFFI_CE Beverly Eaves Perdue, Governor:.:~' ---Deb Freeman, Secretary This is to acknowledge receipt of your Emergency Action Plan (EAP) dated March 16, 2010 for the subject dam. The EAP was received in our office on March 22, 2010. . Emergency Action Plans Applications will be reviewed by this office in the order they are received, except that existing high hazard potential dams with known safety problems will be prioritized. We endeavor to respond to applications within 60 days of receipt of the application. Please contact Ms. Janet Boyer, Regional Engineer, Land Quality Section, 2090 U.S. Highway 70, Swannanoa, North Carolina 28778, telephone number (828) 296-4500, or me at telephone number (919) 733-4574 should you have any questions concerning this matter. Sincerely, LS"teven M. McEvoy, PE State Dam Safety Enginee Land Quality Section SMTvVJCR cc: Ms. Janet Boyer, PE, Land Quality Regional Engineer Sur -face Water Protection. Supervisor: —' File Name: TRANS-007 2.0100322 RECT EAP Deer Lake Dam MAN 2 6 2010 ;419hevtid 1612 Mail Service Center, Raleigh, North Carolina 27699-161,2 • Telephone 919-733-4574 / FAX: 919-733-2876 512 North Salisbury Street, Raleigh, North Carolina, 27604 • Internet hftp://www.dlr.enr.state.nc.us/pages/landqualitysection.html LTI-NaMA NCDENR North Carolina Department of Environment and Division of Land Resource: Land Quality Section James D. Simons, PG, PE Director and State Geologist September 15, 2009 Mr. Peter A. R. Findlay 28 Canterbury Trace Brevard, North Carolina 28712-9517 RE: Deer Park Dam Transylvania County State Dam ID: TRANS-007 Dear Mr. Findlay: • s,a :.eraat�'?�.ftL}�:t':L:..`.,H.r';'f'. 143:' .% .,,.,,_ `—.'�, {DECED�C� t SEP 18 2009 Naiu'r Re ources F F WATER QUALITY SECTION ASHEVILLE REGIONAL OFFICE s•--Be�►erly �aves'�'ertlu�;`Ga��i'rib�'" D'e�"F7eeman;•Secreta 'sP This is to acknowledge receipt of your Emergency Action Plan (EAP) dated June 1, 2009 for the subject dam. The EAP was received in our office on September 14, 2009. Emergency Action Plans Applications will be reviewed by this office in the order they are received, except that existing high hazard potential dams with known safety problems will be prioritized. We endeavor to respond to applications within 60 days of receipt of the application. Please contact Ms. Janet Boyer, Regional Engineer, Land Quality Section, 2090 U.S. Highway 70, Swannanoa, North Carolina 28778, telephone number (828) 296-4500, or me at telephone. number (919) 733-4574 should you have any questions concerning this matter. Sincerely, 141' l Steven M. McEvo , State Dam Safety Engineer Land Quality Section SMM/JCR cc: Ms. Janet Boyer, PE, Land Quality Regional Engineer urface��Nater Protectio�i�t�iup� � � �o .' File Name: TRANS-007 20090915 RECT EAP Deer Park Dam 1612 Mail Service Center, Raleigh, North Carolina 27699-1612 • Telephone 919-733-4574 / FAX: 919-733-2876 512 North Salisbury Street, Raleigh, North Carolina, 27604 • Internet:http://www.dlr.enr.state.nc.us/pagesAandqualitysection.htmI A N 5WA NCDENR North Carolina Department of Environment and Natural Resources Division of Land Resources Land Quality Section James D. Simons, PG, PE Director and State Geologist September 9, 2009 Ms. Merrilee Pope 24 Skye Drive Pisgah Forest, North Carolina 28768 RE: Exemption Request Glenn Cannon — Pope Dam (Proposed) Transylvania County Dear Ms. Pope: Beverly Eaves Perdue, Governor Dee Freeman, Secretary I D il -CLOY - T Fr i fl P SEP 14 2009 Ir.ATER G2UP,LITY SECTIONy -Cl9NIAL OFFICE Thank you for the opportunity to review the information regarding the referenced dam. The information from Mr. Jeffrey T. Brown, PE was received in our office on September 2, 2009. -Land Quality.Section personnel from the Asheville Regional Office conducted an inspection of the dam site and downstream areas on June 24, 2009 to assess the proposed low hazard classification. Based on our review of the information provided and the above -referenced site inspection, our office concurs that a low hazard classification is presently warranted -based on the current development downstream from the dam. Because: this; and the fact that the dam is proposed to be constructed less than 15 feet in height, it will be exempt from the requirements of the Dam Safety Law of 1967, as amended. However, the following comments are offered: 1. Our office encourages the owner of any proposed dam to construct his or her dam to the same standards as if it were under the jurisdiction of the Dam Safety Law of 1967. 2. If the dam is constructed such that it is 15 feet in height or greater as measured from the highest point on the crest of the dam to the lowest point on the downstream toe and will impound 10 acre-feet or more at the highest point on the crest of the dam, the dam will not be exempt, and engineering certification, and record drawings and specifications will be required along with application processing fees. 3. If future downstream development occurs which may be impacted by a failure of the dam, then the hazard classification would need to be reassessed and may change from low to either intermediate or high hazard classification. Please note that in accordance with General Statute 143-215.25A(a)(6), dams which are determined to be high hazard are 1612 Mail Service Center, Raleigh, North Carolina27699-1612 • Telephone 919-733-4574 / FAX: 919-733-2876 512 North Salisbury Street, Raleigh, North Carolina, 27604 • Internet:http://www.dIr.enr.state.nc.us/pages/landquality§ection.htmI Ms. Merrilee Pope September 9, 2009 Page 2 of 3 subject to the provisions of the Dam Safety Law of 1967 regardless of height or impoundment capacity. The Army Corps of Engineers and the Water Quality Section of this Department should be contacted to determine if additional permits are required. Also, the erosion and sediment control program having jurisdiction should be contacted to determine permit requirements. In any case, sediment must be prevented from entering the waters of the state or flowing onto neighboring property. Please contact Ms. Janet Boyer, Regional Engineer, Land Quality Section, 2090 U.S. Highway 70, Swannanoa, North Carolina 28778, telephone number (828) 296-4500, or me at telephone number (919) 733-4574 should you have questions concerning this matter. Sincerely, &"- �yf g William H. Denton, IV, EIT Assistant Dam Safety Engineer Land Quality Section cc: Mr. Jeffrey T. Brown, PE, Design Engineer Mr. Frank Kuhn Ms. Janet,Boyer, PE; Land Quality Regional Engineer rs faoe � Fter Iotet�o RCDENR North Carolina Department of Environment and Natural Division of Land Resources Land Quality Section James D. Simons, PG, PE Director and State Geologist August 11, 2008 Mr. Dwight E. Graber Post Office Box 195 Lake Toxaway, North Carolina 28747 RE: Graber Dam Transylvania County TRANS-085 Dear Mr. Graber: Resources Michael F. Easley, Governor William G. Ross Jr., Secretary AUG 18 2008 WATER QUALITY SECTION ASHEVILLE REGIONAL OFFICE This is to acknowledge receipt of your application dated July 17, 2008 for the subject dam. The application was received in our office on July 28, 2008. This dam was constructed in 2006 without.a Dam Safety Permit and therefore the Division of Land Resources did not receive the application processing fee required for new constructs. I am enclosing a copy of an Owner's Certification Form and an explanation of the application processing fee calculation. Please complete and return immediately the Owner's Certification Form that includes the actual cost of the initial construction and forward a check for the required application processing fee made payable to NCDENR. An additional fee based on the cost of construction for the proposed modifications will be required when these modifications are completed. All fees must be paid before an approval to impound can be processed. Additional information or material is also requested from your Engineer, Mr. Terry E. Allen, PE before this office can process your application. These items are as follows: 1. A sealed cover page for the bound specifications (2 copies). 2. A project narrative that gives a.brief history of this project that includes a discussion of the problems with this dam and the design of the proposed fixes. An additional copy of the Hydrology & Engineering Calculations. Once these items are received your application will be scheduled for review. In order for the application to retain its place in the order of reviews the above items must be received within thirty days. Applications requiring an approval to modify a dam will be reviewed by this office 1612 Mail Service Center, Raleigh, North Carolina 27699-1612 •919-733-4574 / FAX: 919-733-2876 512 North Salisbury Street, Raleigh, North Carolina, 27604 Mr. Graber August 11, 2008 Page 2 of 2 in the order they are received except that existing high hazard potential dams will be prioritized. We endeavor to respond to applications within 60 days of receipt of the application. . Please contact Ms. Janet Boyer, PE, Regional Engineer at telephone number (828) 296-4500 or a member of the Central Office Dam Safety staff at 919-733-4574 should you have any questions concerning this matter. Sincerely, W. Hubert Hawkins, PE Acting State Dam Safety Engineer WHH/ Enclosures cc: Mr. Terry E. Allen, PE ,MrRoger--E.dwarda; Sur -face -Water Protection-Regional_S.upervisorZ_= Ms. Janet Boyer, PE, Land Quality Section Regional Engineer PPPPF'P' NCDENDEN R North Carolina Department of Environment and Natural Resources Division of Land Resources James D. Simons, PG, PE Director and State Geologist Certificate of Approval, May 6, 2009 CERTIFIED MAIL RETURN RECEIPT Mr. Dwight Graber Balsam Grove, LLC P.O. Box 445 Center Hill, Florida 33514 RE: Approval to Repair Graber Dam Transylvania County State ID: TRANS-085-H Dear Mr. Graber: Beverly Eaves Perdue, Governor Dee Freeman, Secretary MAY 13 2009 WATER QUALITY SECTION ASF EVILLE RE&ONAL OFFICE This is in response to your submission dated February 12, 2009 and March 2, 2009, received on March 9, 2009 of plans, specifications and design data for repair of the subject dam in compliance with the Dam Safety Law of 1967. This dam is of high hazard classification. The plans, specifications and design data submitted were prepared under the supervision of Mr. Terry E. Allen, PE. This letter constitutes approval of the proposal to repair the subject dam according to the plans and specifications received by this Division on March 9, 2009 with the following stipulations: 1. Project construction shall be supervised by Mr. Terry E. Allen, PE. Mr. Terry E. Allen, PE shall be responsible for field observation of construction as necessary to ensure compliance with approved plans. 2. During construction, the Division of Land Resources may require such progress reports , as are deemed necessary, including quality control testing results. 3. Reference Detail 2, Sheet C-2: A vertical, reinforced concrete cutoff not less than 18 inches in depth with width of not less than 12 inches shall be provided at the entrance and exit of the proposed concrete chute emergency spillway spanning the entire width of the spillway at these points. Provide detail in the as -built submittal. 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 Telephone 919-733-3833 [FAX 919-715-8801 • Internet: http://www.dir.enr.state.nc.us/index.html Mr. DwigPPPP ht Graber Graber Dam, Certificate of Approval May 6, 2009 Page 2 of 3 4. It is assumed in Section 12.0 of the specifications that moisture density relation of the soil materials will be determined in accordance with ASTM D 698 (Standard Proctor) as stated in Section 12.1 rather than ASTM 1557 (Modified Proctor) as stated in 12.3. Please clarify in the as -built submittal. 5. In accordance with GS 143-215.29 and NCAC 15A-2K .0203, .0215, and .0212, within 30 days of completion of the project, Mr. Terry E. Allen, PE shall inspect the completed work and upon finding that the work has been done as specified and the dam is safe, shall file with the Division of Land Resources two sets of record drawings and a certificate stating that the work has been completed in accordance with approved plans, specifications and other requirements. 6. 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. 7. An emergency action plan (EAP) and an operation and maintenance (O&M) plan are required for all high hazard dams. The O&M plan should address routine maintenance, frequency of piezometer readings, frequency of inspections by the owner or the owner's representative, and annual operation of the bottom drain to ensure that it is functional. It is strongly recommended that the EAP be submitted prior to commencing repairs to deal with problems that may arise during construction. Nevertheless, both the EAP and O&M plan must be received prior to issuance of an approval to impound. 8. You must notify Ms. Janet Boyer, Regional Engineer, Land Quality Section, 2090 U.S. Highway 70, Swannanoa, North Carolina 28778, telephone number (828) 296-4500 ten days before the start of construction. The Army Corps of Engineers and the Water Quality Section of this Department should be contacted to determine if additional permits are required. Also, the erosion and sediment control program having jurisdiction should be contacted to determine permit requirements. In any case, sediment must be prevented from entering the waters of the state or flowing onto neighboring property. Construction of the repairs must begin within one year of the date of this letter or this approval is void. For assistance you may contact the Asheville Regional Office at (828) 296-4500 or a staff member of the Dam Safety Program in the Raleigh Central Office at telephone number (919) 733-4574. . Sincerely, ames D. Simons, PG, PE Director and State Geologist JDS/smm PPPP Mr. Dwight Graber Graber Dam, Certificate of Approval May 6, 2009 Page 3 of 3 cc: Mr. Terry E. Allen, PE, Design Engineer Ms. Janet Boyer, PE; Land Quality Regional Engineer S rface:� a"ier Prot c't�io:K upeiN, &qA File Name: TRANS-028 20090506 COAR Graber Dam NCDENR North Carolina Department of Environment and Division of Land Resources Land Quality Section James D. Simons, PG, PE Director and State Geologist March 17, 2009 Mr. Dwight Graber P.O. Box 195 Lake Toxaway, North Carolina 28747 RE: Graber Dam Transylvania County State Dam ID: TRANS-085 Dear Mr. Graber: 3'JI„ j�(31-11A-3 6v N010-:3S ),invnzD a?1'd i 7600Z 0 Z2Resaur_ces - Beverly Eaves Perdue, Governor Dee Freeman, Secretary This is to acknowledge receipt of your revised application dated February 12, 2009 and `Hydrology & Engineering Calculations — Supplemental Data,' dated March 2, 2009 for the repair of the subject dam. The application was received in our office on March 9, 2009. Applications requiring an approval to repair a dam will be reviewed by this office in the order they are received, except that existing high hazard potential dams with known safety problems will be' prioritized. We endeavor to respond. to applications within 60 days of receipt of the application. Please contact Ms. Janet Boyer, Regional Engineer, Land Quality Section, 2090 U.S. Highway 70, Swannanoa, North Carolina 28778, telephone number (828) 296-4500, or me at telephone number (919) 733-4574 should you have any questions concerning this matter. Sincerely, Steven M. McEvoy, P State Dam Safety EngiLe Land Quality Section SMM/JCR 1612 Mail Service Center, Raleigh, North Carolina 27699-1612 • Telephone 919-733-4574 / FAX: 919-733-2876 512 North Salisbury Street, Raleigh, North Carolina, 27604 • Internet:http://www.dir.enr.state.nc.us/pages/landqualitysection.htm] Mr. Dwight Graber March 17, 2009 Page 2 of 2 cc: Mr. Terry E. Allen, PE, Design Engineer Ms. Janet Boyer, PE, Land Quality Regional Engineer -c"ea fir tec<tFc�� ^ isWE File Naine: TRANS-085 20090317 RECT—Graber—modify—resubmit NCDENR North Carolina Department of Environment and Natural Resources Division of Land Resources Land Quality Section James D. Simons, PG, PE Director and State Geologist May 14, 2009 Mr. C.W. Pickelsimer, Jr. President Cascade Power Company P.O. Box 1136 Brevard, North Carolina 28712 RE: Cascade Lake Dam Transylvania County State Dam ID: TRANS-003 Dear Mr. Pickelsimer: Beverly Eaves Perdue, Governor Dee Freeman, Secretary_- i lid AY 21 2009 1" f VVATEF' C _ ALITY SEC .0N c FiCF This is to acknowledge receipt of your Emergency Action Plan (EAP) dated December 10, 2008 for the subject dam. The EAP was received in our office on May 21, 2009. Emergency Action Plans Applications will be reviewed by this office in the order they are received, except that existing high hazard potential dams with known safety problems will be prioritized. We endeavor to respond to applications within 60 days of receipt of the application. Please contact Ms. Janet Boyer, Regional Engineer, Land Quality Section, 2090 U.S. Highway 70, Swannanoa, North Carolina 28778, telephone number (828) 296-4500, or me at telephone number (919) 733-4574 should you have any questions concerning this matter. Sincerely, Steven M. McEvoy, PE State Dam Safety Engineer Land Quality Section SMM/JCR 1612 Mail Service Center, Raleigh, North Carolina 27699-1612 • Telephone 919-733-4574 / FAX: 919-733-2876 512 North Salisbury Street, Raleigh, North Carolina, 27604 • Internet:http://www.d]r.enr.state.nc.us/pages/landqualitysection.htmi Mr. C.W. Pickelsimer, Jr. May 14, 2009 Page 2 of 2 cc: Ms. Janet Boyers PE Land Quality Regional Engineer Surface -Water -Protections U""1 iso File Name: TRANS-003 20090514 RECT EAP Cascade Lake Dam NCDENR North Carolina Department of Environment and Natural Division of Land Resources Land Quality Section James D. Simons, PG, PE Director and State Geologist February 16, 2009 Sherwood Forest HOA Mr. Robert Anson, Board President 194 Cardinal Road Brevard, North Carolina 28712 RE: Tarheel Lake Dam Transylvania County State Dam ID: TRANS-042-I Dear Mr. Anson: EC �.--___..._._...' ,i: ��. FEB 2 0 2009 Resources---- Vti'F�; �I=i _.J.-.LITY SECTICti' Beverly.Eaves Perdue, Governor Dee Freeman, Secretary This is to acknowledge receipt of your application dated January 23, 2009 for the repair of the subject dam. The application was received in our office on January 28, 2009. Applications requiring an approval to repair a dam will be reviewed by this office in the order they are received, except that existing high hazard potential dams with known safety problems will be prioritized. We endeavor to respond to applications within 60 days of receipt of the application. Please contact Ms. Janet Boyer, Regional Engineer, Land Quality Section, 2090 U.S. Highway 70, Swannanoa, North Carolina 28778, telephone number (828) 296-4500, or me at telephone number (919) 733-4574 should you have any questions concerning this matter. Sincerely, Steven M. McE oy, F State Dam Safet ineer Land Quality Section 9 i(lilG SMM/JCR 1612 Mail Service Center, Raleigh, North Carolina 27699-1612 • Telephone 919-733-4574 / FAX: 919-733-2876 512 North Salisbury Street, Raleigh, North Carolina, 27604 • Internet:http://www.dIr.enr.state.nc.us/pages/landqualitysection.htmI An Equal Opportunity / Affirmative Action Employer — 50% Recycled / 10% Post Consumer Paper Fr. Robert Anson — Sherwood Forest HOA February 16, 2009 Page 2 of 2 cc: Mr. J.C. Bumgarner, PE, Design Engineer Ms. Janet Boyer, PE, Land Quality Regional Engineer urfa Sce Water-zProtect omSupervisor, File name: TRANS-042-I 20090216 RECT Tarheel Lake Dam A 11i;W NCDENR North Carolina Department of Environment and Natural Resources Division of Land Resources Land Quality Section James D. Simons, PG, PE Director and State Geologist May 14, 2009 Sherwood Forest HOA Mr. Robert Anson, Board President 194 Cardinal Road Brevard, North Carolina 28712 RE: Tarheel Lake Dam Transylvania County State Dam ED: TRANS-042-I Dear Mr. Anson: Beverly Eaves Perdue, Governor .Dee. Freeman;.Secretary--- E D [� V F 1 2009 i LITY SECTION GIONAL OFFICE This is to acknowledge receipt of your revised application dated May 5, 2009 for the repair of the subject dam. The application was received in our office on May 7, 2009. Applications requiring an approval to repair a dam will be reviewed by this office in the order they are received, except that existing high hazard potential dams with known safety problems will be prioritized. We endeavor to respond to applications within 60 days of receipt of the application. Please contact Ms. Janet Boyer, Regional Engineer, Land Quality Section, 2090 U.S. Highway 70, Swannanoa, North Carolina 28778, telephone number (828) 296-4500, or me at telephone number (919) 733-4574 should you have any questions concerning this matter. Sincerely, Steven M. McEvoy, PE . State Dam Safety Engineer Land Quality Section SMMIJCR 1612 Mail Service Center, Raleigh, North Carolina 27699-1612 • Telephone 919-733-4574 / FAX: 919-733-2876 512 North Salisbury Street, Raleigh, North Carolina, 27604 • Internet:http://www.dIr.enr.state.nc.us/pages/landqua]itysection.htmI Mr. Robert Anson May 14, 2009 Page 2 of 2 cc: Mr. J.C. Bumgarner, PE, Design Engineer — Pinnacle Engineers PC Ms. Janet Boyer, PE, Land Quality Regional Engineer FSurface WaterProtectionSupez so File Name: TRANS-042 20090514 RECT Tarheel Dam — repair resub. A' RCDENR North Carolina Department of Environment and Natural Resources Division of Land Resources Land Quality Section James D. Simons, PG, PE Director and State Geologist May 26, 2009 NOTICE OF DEFICIENCY CERTIFIED MAIL-7008 0150 000 7473 9283 CERTIFIED MAIL-7008 0150 000 7473 9290 RETURN RECEIPT REQUESTED Joyce Gellar Arlene J. Faul P.O. Box 2482 P.O. Box 2482 Brevard, NC 28712 Brevard, NC 28712 RE: Forest Lake Dam, State ID No. TRANS-084 Hazard Potential: High; Transylvania County Dear Ms. Gellar & Ms. Faul: Beverly Eaves Perdue, Governor Dee Freeman, Secretary WATER QUALITY SECTION ASHEVILLE REGIONAL OFFICE The Dam Safety Law of 1967 provides for the certification and inspection of dams in the interest of public health, safety, and welfare, in order to reduce the risk of failure of dams, to prevent injuries to persons, damage to downstream property, and to ensure the maintenance of stream flows. A visual inspection of the referenced dam was conducted on April 23, 2009, by staff of the Land Quality Section Asheville Regional Office. A Notice of Deficiency was issued on February 8, 2008, with the compliance deadline of April 15, 2008. The following conditions were noted: • The dam is impounding water, which was approximately 3 feet below normal pool elevation; also no repair work has been done after obtaining an Approval to Repair on May 19, 2004, from our Director Jim Simons. The lake was to remain drained until an Approval to Impound letter is received from the Raleigh Office. If construction does not commence within one year after the Approval to Repair is issued; which was May 19, 2004, the approval shall expire and a new application shall be submitted. The Approval to Repair has expired and the permitting process must be restarted and another approval issued for repairs on the dam. These conditions appear serious and justify further engineering study to determine appropriate remedial measures. In the event of a dam failure, human life and significant property would be endangered because of the downstream location of a residence and state road down stream from the dam. In order to ensure the safety of this dam, you are directed to drain the impoundment and retain the services 2090 US Highway 70, Swannanoa, North Carolina, 28778-8211 Telephone 828-296-4500 Fax 828-299-7043 One www.ennstate.nc.us NO hCarolina An Equal Opportunity / Affirmative Action Employer Natura!!rf Notice of Deficiency Forest Lake Dam May 26, 2009 -- Page 2of2 of a registered professional engineer or an experienced engineering firm to make a study of the conditions outlined in this letter. Plans and specifications for repair based on the results of the study must be filed with the Division of Land Resources for approval pursuant to the North Carolina Administrative Code, Title 15A, Subchapter 2K - Dam Safety (15A NCAC 2K). Two copies of this study and plan shall be submitted to this office by July 31, 2009. In addition to the above, the following remedial actions, not requiring design or approval, should be completed by July 31, 2009. These items include the following: • Mow the front and down stream slopes of the dam. • Remove small trees and bushes growing along the toe contact of the dam. • ;Remove woogy debris from the emergency spillway and ensure that the spillway stays unobstructed. • Keep the bottom drain inlet clear of debris and maintain the lake in a drained condition. • Remove trees growing at the principle spillway barrel outlet. You are instructed to drain the impoundment and keep it drained until necessary repairs are made or a breach plan is submitted and approved by The Division of Land Resources. For earthen dams the rate of draw down shall not exceed 1 foot per day unless approved by our office. Siphoning shall be done under the supervision of a licensed engineer experienced in dam design. The draining shall be done in such away to minimize the sediment load at the outlet. Contact The North Carolina Division of Water Quality, Roger Edwards, at (828) 296-4500 for additional information on their requirements. An *updated* Emergency Action Plan (EAP) is needed for this dam. The EAP must include all downstream hazards and all local emergency contact information. An EAP shell document can be reviewed at our website at http://www.dir.enr.state.nc.us/pages/damsafetyprogram.html. Two copies of the EAP shall be submitted to the Division of Land Resources,1612 Mail Service Center, Raleigh, NC 27699-1612, Attn: Mr. Steve McEvoy, PE, State Dam Safety Engineer, and a copy shall be provided to the local emergency management office. Please contact us at 828-296-4500 to advise us of your intended action in this matter. If we do not receive notification on or before July 31, 2009, we shall present the case information for appropriate enforcement action. Enforcement action could include a civil penalty of up to $500.00 per day of violation, and/or issuance of a Dam Safety Order requiring the repair or removal of this dam, and/or injunctive relief to gain compliance. Sincerely, nYet S. Boye P� egional Engineer cc: Sieve McEvoy, PE, State Dam Safety Engineer NCDENR North Carolina Department of Environment and Natural Resources Division of Land Resources Land Quality Section James D. Simons, PG, PE Beverly Eaves:'Perdue; Govdmoi Director and State Geologist wee Freern -S creia LE May 22, 2009 NOTICE OF DEFICIENCY ` MAY 2 6 2000 ti QUALITY SECTION WATER ASHE�!it-NAL OFFICE CERTIFIED MAIL-7008 0150 0000.7473 9214 CERTIFIED MAIL-7008 0150 0000 7473 9207 RETURN RECEIPT REQUESTEDs," Wallace W Booth William Halbert 505 Fox Hollow Lane 1150 Puritan Avenue Horse Shoe, NC 28742 Birmingham, MI 48009 RE: Pisgah Forest Farm Dam, State ID No. TRANS-050 Hazard Potential: High; Transylvania County Dear Mr. Booth & Halbert: The Dam Safety Law of 1967 provides for the certification and inspection of dams in the interest of public health, safety, and welfare, in order to reduce the risk of failure of dams, to prevent injuries to persons, damage to downstream property, and to ensure the maintenance of stream flows. A visual inspection of the referenced dam was conducted on April 15, 2009, by staff of the Land Quality Section Asheville Regional Office. During this inspection, the following condition was noted: 1. The outlet of the emergency spillway pipes exit onto the downstream slope of the dam. This condition appears serious and justifies further engineering study to determine appropriate remedial measures. In the event of a dam failure, human life and significant property would be endangered because of the downstream location of Pisgah Forest Drive and Hart Road. Storm water exiting out of the emergency spillway pipes onto the downstream slop of the dam can cause erosion and possible slope failure. 2090 US Highway 70, Swannanoa, North Carolina, 28778-8211 Telephone 828-296-4500 Fax 828-299-7043 One www.enr.state.nc.us Npf Carolina An Equal Opportunity / Affirmative Action Employer Naturally Notice of Deficiency Pisgah Forest Dam May 22, 2009 Page 2 of 2 In order to ensure the safety of this dam, you are directed to retain the services of a registered professional engineer or an experienced engineering firm to make a study of the condition outlined in this letter. Plans and specifications for repair based on the results of the study must be filed with the Division of Land Resources for approval pursuant to the North Carolina Administrative Code, Title 15A, Subchapter 2K - Dam Safety (15A NCAC 2K). Two copies of this study and plan shall be submitted to this office by July 30, 2009. In addition to the above, the following remedial actions, not requiring design or approval, should be completed by July 30, 2009. These items include the following: 1. Provide and maintain a permanent grass ground cover on downstream slope of the dam. Please contact us at 828-296-4500 to advise us of your intended action in this matter. If we do not receive notification on or before July 30, 2009, we shall present the case information for appropriate enforcement action. Enforcement action could include a civil penalty of up to $500.00 per day of violation, and/or issuance of a Dam Safety Order requiring the repair or removal of this dam, and/or injunctive relief to gain compliance. Sincerely, J et S. Boyer, PE R gional Engineer R , 'i �1��. ,ty a .� 4.1, ""a `}u� ". i1'�JE�.'C'u�.i' ".�1. .tl��'• pi 6'�,.+y�V�, h.�L} o, .:_ii.!1'Uril? S'li7L i''I:;gah F..:irr-, Ljamn 1\10D Oa 21 09.doc �WA NCDENR North Carolina Department of Environment and- Natural Resources Division of Land Resources James D. Simons, PG, PE Director and State Geologist Certificate of Approval July 29, 2009 CERTIFIED MAIL RETURN RECEIPT Sherwood Forest Homeowner's Association Attn: Mr. Tom Oosting 140 Grouse Lane Brevard, North Carolina 28712 RE: Approval to Repair Tarheel Dam Transylvania County State ID: TRANS-042 (Intermediate) Dear Mr. Oosting: Beverly Eaves Perdue, Governor Dee Freeman, Secretary AUG - 3 1009 ' WATER QUALITY SECTION ASHEVILLE REGIONAL OFFICE This is in response to your submission dated May 5, 2009 revised July 20, 2009, received May 7, 2009 and July 23, 2009 (revision) of plans, specifications and design data for repair of the subject dam in compliance with the Dam Safety Law of 1967. This dam is of intermediate hazard classification. The plans, specifications and design data submitted were prepared under the supervision of Mr. J.C. Bumgamer, PE. This letter constitutes approval of the proposal to repair the subject dam according to the plans and specifications received by this Division on May 7, 2009 and July 23, 2009 (revision) with the following stipulations: 1. Project construction shall be supervised by Mr. J.C. Bumgarner, PE. Mr. J.C. Bumgarner, PE shall be responsible for field observation of construction as necessary to ensure compliance with approved plans. 2. During construction, the Division of Land Resources may require such progress reports as are deemed necessary. 3. In accordance with GS 143-215.29 and NCAC 15A 2K .0203, .0215, and .0212, within 30 days of completion of the project, Mr. J.C. Bumgarner, PE shall inspect the completed work and upon finding that the work has been done as specified and the dam is safe, shall 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 Telephone 919-733-3833 / FAX: 919-715-8801 • Internet: http://www.dlr.enr.state.nc.us/index.html Mr. Tom Oosting Tarheel Dam July 29, 2009 Page 2 of 2 file with the Division of Land Resources two sets of record drawings and a certificate stating that the work has been completed in accordance with approved plans, specifications and other requirements. 4. No water shall be impounded behind the dam until final approval is issued by the Division of Land Resources for operation of this dam. Also, draining of the lake shall be performed in such a manner as to preclude off -site sedimentation. 5. You must notify Ms. Janet Boyer, PE, Regional Engineer, Land Quality Section, 2090 U.S. Highway 70, Swannanoa, North Carolina 28778, telephone number (82.8) 296-4500 ten days before the start of construction. The Army Corps of Engineers and the Water Quality Section of this Department should be contacted to determine if additional permits are required. Also, the erosion and sediment control program having jurisdiction should be contacted to determine permit requirements. In any case, sediment must be prevented from entering the waters of the state or flowing onto neighboring property. Construction of the repairs must begin within one year of the date of this letter or this approval is void. For assistance you may contact the Asheville Regional Office at (828) 296-4500 or a staff member of the Dam Safety Program in the Raleigh Central Office at telephone number (919) 733-4574. Sincerely, Janw D. Simons, PG, PE Director and State Geologist JDS/smm cc: Mr. J.C. Bumgarner, PE, Design Engineer Ms. Janet Boyer, PE, Land Quality Regional Engineer Surface Water Protection Supervisor File name: TRANS-042 20090729 COAR Tarheel Dam �rl A NCDENR North Carolina Department of Environment and Natural Resources Division of Land Resources Land Quality Section James D. Simons, PG, PE Director and State Geologist February 6, 2009 Mr. John F. Garner, PE S&ME Inc. . 44 Buck Shoals Road, Unit C3 Arden, North Carolina 28730 RE: Line Runner Ridge Dam Transylvania County State Dam ID: TRANS-015 Dear Mr. Garner: Beverly Eaves Perdue, Governor Dee Freeman, Secretary �I JI 'i I FEB 18 2009 WATER QUALITY SECTION PSHEVILLE REGIONAL OFFICE A review has been made of the plans, specifications and design data submitted under cover letter dated October 29, 2008 and received in this office on October 3.1, 2008 for the repair of the referenced dam. Prior to issuance of an approval to repair, additional information or revision is requested for the following items: Design Report: BACKGROUND 1. In the first paragraph the dam height is shown to be 37 feet. Since this exceeds 35 feet, the dam size will be medium. The hazard classification is still to be determined. Because of the downstream houses, a breach routing will be required to make this determination. 2. When a vegetated emergency spillway is the spillway of choice the crest must be set so that the spillway does not function more frequent that once in 25 years for a low or intermediate hazard dam or 50 years for a high hazard dam. If the frequency of operation of the existing emergency spillway will exceed the above limitations, the use of an appropriately designed concrete sill or other means to reduce the potential for a dam breach through the spillway will be necessary. Additional hydrologic and hydraulic. analysis will be necessary for this project once the hazard classification issue is settled. METHODS OF ANALYSIS 1. To what guideline in the state regulations relative to the draining the pool are you referring 1612 Mail Service Center, Raleigh, North Carolina 27699-1612 •919-733-4574 / FAX: 919-733-2876 512 North Salisbury Street; Raleigh, North Carolina, 27604 An Equal Opportunity 1 Affirmative Action Employer — 50% Recycled 110% Post Consumer Paper Mr. Garner February 6, 2008 Page 2 . in the last paragraph? Figures Figure 3 1. Assuming this is a photograph of the emergency spillway, it appears the rock riprap may reduce the effective width to less than the 10 feet mention in the HEC-1 inputs shown later in this report. Please comment. Figure 5 1. There appears to be flow from two points on this figure (near center and bottom right). Please comment. Figure 9 1. Please locate the 10-inch PVC pipe discussed in this report. 2. NC DOT Class 2 riprap has a maximum size of 23". Do you wish to use riprap this large for the check dam? 3. Please provide a profile along the approximate centerline of the dam top. It should extend across the emergency spillway. Figure 10 1. The permanent pool will need to be drained to an elevation below 480.0 to perform the required work and allow for the inspection of said work by NCDENR. If the pool must remain at an elevation no lower than 480.0, it may be necessary to construct a coffer dam around the upstream work area. 2. Please provide details for the siphon intake bar guard. 3. Please bury any portion of the HDPE pipe with a minimum cover of 18 inches. The exposed ends of the siphon should be ductile iron. The use of ductile iron fittings and an HDPE pipe diameter that is compatible with ductile fittings should be used. In lieu of thrust blocks, Uni-Flange 1400 and 1500 retainer glands have been used on other siphons through dams. 4. The installation of the concrete cradle from the valve box to the first bend in the siphon is recommended. Mr. Garner February 6, 2008 Page 3 Figure 11 1. The use of galvanized pipe for the sniffer pipe is recommended. 2. Please show a detail of the sniffer pipe connection to the siphon. 3. With the use of Uni-Flange retainer glands, some details on this figure will change. 4. How will the siphon be primed when the pool is below its normal level? You may need to provide a fill port near the 3-inch valve. Figure 12 1. When the recommendations listed above are followed, some details on this figure will change. 2. The use of a valve box around the downstream valve is recommended. Figure 13 1. When the recommendations listed above are followed, some details on this figure will change. Figure 14 1. When the recommendations listed above are followed, some details on this figure will change. 2. Please provide the computations made to size the plunge pool. 3. The thickness of the riprap should be at least 1.5 Dm� . For Class 2 riprap, Dmax =.23". Figure 15 1. See above for recommended extent of concrete cradle. Figure 16 1. A grouting plan must be submitted to Dam Safety for approval prior to the granting of a Dam Safety permit. 2. Reinforcement for concrete must be determined by the engineer and shown on the plans. Cradle reinforcement may not be needed. Mr. Garner February 6, 2008 Page 4 3. Please provide more detailed specifications for the siphon pipe. 4. There appears to be a "double negative" in the first sentence of the next to last paragraph of the GENERAL NOTES. 5. Please provide specifics for the vegetative requirements. Mulching of the seeded area must also be included. 6. Please provide specifications sufficient to ensure that the quality of all the materials and workmanship required for this project are obtained. It would greatly aid further application review if a response to each of the above comments were made in a cover letter submitted with two sets of the revised plans, specifications and design data. Please contact this office should you have any questions concerning the above items. Sincerely, W. Hubert Hawkins, PE - ---Assistant=Dam=Safety--Engineer------ — — ------------- - - - -- .- --- -- ---- =-- --------- Land Quality Section cc: Mr. Richard Britt, Line Runner Maintenance Corporation Ms. Janet Boyer, PE, -Land -Quality_ Regional Engineer ,�WSjur,fac' e�Vater Protectio Sup i or File name: TRANS-015-I 20090205 revreq_Line Runner Ridge Dam NCDENR North Carolina Department of Environment and Natural Resources Division of Land Resources Land Quality Section James D. Simons, PG, PE Beverly Eaves Perdue, Governor Director and State Geologist Dee Freeman, Secretary January 26, 2009 t Slick Rock Property Owners Association Attn. Mr. Gordon Long and Mr. Al Loftis, POA President 17 West Road, Slick Rock Mtn. Brevard, North Carolina 28712 RE: Slick Rock Pond Transylvania County State Dam ID: TRANS-030-I Dear Mr. Long and Mr. Loftis: �.__... 1II E, a �l JAN 2 9 2009 !"T_�UAL'TYS'CTION AEVLE REGIONAL OFFICE This is to acknowledge receipt of your Emergency Action Plan (EAP) dated October 17, 2008 for the of the subject dam.. The application was received in our office on January 26, 2009. Applications requiring an approval for EAP and O&M plans for a dam will be reviewed by this office in the order they are received, except that existing high hazard potential dams with known safety problems will be prioritized. We endeavor to respond to applications within 60 days of receipt of the application. Please contact Ms. Janet Boyer, Regional Engineer, Land Quality Section, 2090 U.S. Highway 70, Swannanoa, North Carolina 28778, telephone number (828) 296-4500, or me at telephone number (919) 733-4574 should you have any questions concerning this matter. Sincerely, Oteven M. McEvoy, State Dam Safety Engi r Land Quality Section SMM/JCR File name: TRANS-030-I 20090126 RECT EAP Slick Rock Dam JAN 2 9 7009 1612 Mail Service Center, Raleigh, North Carolina 27699-1612 • Telephone 919-733-4574 / FAX: 919-733-2876 512 North Salisbury Street, Raleigh, North Carolina, 27604 • Internet:http://www.dlr.enr.state.nc.us/pagespandqualitysection.html r. Gordon Long and Mr. Al Loftis rPage anuary 26, 2009 2 of 2 cc: Mr. Terry Allen, PE, Design Engineer Ms. Janet Boyer, PE, Land Quality Regional Engineer 1__S_urface��?Uater Protection:. i rnru_s� r Ms. Tami V. Idol, Assistant State Dam Safety Engineer AG�la NCDENR North Carolina Department of Environment and Natural Resources Division of Land Resources Land Quality Section James D. Simons, PG, PE Director and State Geologist August 15, 2008 NOTICE OF DEFICIENCY CERTIFIED MAIL7007 1490 0004 0797 5084 RETURN RECEIPT REQUESTED Mr. Jamie A. VanBuskirk DuPont Engineering Corporate Remediation Group 6324 Fairview Road Charlotte, NC 28210 RE: Dupont Lake Dam, State ID No. TRANS-017 Hazard Potential: Low; Transylvania County Dear Mr. VanBuskirk: Michael F. Easley, Governor William G. Ross Jr., Secretary D D AUG 18 2008 WATER QUALITY SECTION ASHEVILLE REGIONAL OFFICE The Dam Safety Law of 1967 provides for the certification and inspection of dams in the interest of public health, safety, and welfare, in order to reduce the risk of failure of dams, to prevent injuries to persons, damage to downstream property, and to ensure the maintenance of stream flows. An inspection of the referenced dam was conducted on July 16, 2008, by staff of the Land Quality Section Asheville Regional Office. During this inspection, the following conditions were noted: • At the time of inspection, the spillway barrel outlet was showing signs of deterioration. The barrel is rusted and pieces of it have broken off. These conditions appear serious and justify further engineering study to determine appropriate remedial measures. A deteriorated barrel may lead to failure of the dam. In order to ensure the safety of this dam, you are directed to retain the services of a registered professional engineer or an experienced engineering firm to make a study of the conditions outlined in this letter. Plans and specifications for repair based on the results of the study must be filed with the Division of Land Resources for approval pursuant to the North Carolina Administrative Code, Title 15A, Subchapter 2K - Dam Safety (15A NCAC 2K). 2090 US Highway 70, Swannanoa, North Carolina, 28778-8211 Telephone 828-296-4500 Fax 828-299-7043 www.ennstate.nc.us An Equal Opportunity ! Affirmative Action Employer NorthCarolina vturallrf DuPont Lake Dam, TRANS-017 August 15, 2008 Page 2 of 2 In addition to the above, the following remedial actions, not requiring design or approval, should be completed by September 15, 2008. These items include the following: Trees and bushes are growing on the dam. This type of growth can cause problems and even failure of the dam by creating holes when trees are uprooted due to wind or ice; by leaving possible seepage holes when trees die and their roots decay; and by causing erosion of the dam around this growth if the dam should overtop. Therefore, we recommend that this type of growth be removed and a good stand of grass cover be established on the dam. Any growth less than six inches in diameter must be cut and removed. Any growth over six inches in diameter must also have the root system excavated and the excavated area be refilled and compacted with a suitable soil material under the supervision of an engineer. • The trash guard on the riser pipe is not properly installed. Without a trash guard, the riser may become clogged and cause water to flow out of the emergency spillway. Constant flows in the emergency spillway usually cause progressive erosion problems. Therefore, we recommend that a suitable trash guard be installed. The design and installation of the trash guard requires an engineer's supervision and prior approval from this office. • There.was seepage noted on the toe of the dam near the barrel outlet. Excessive seepage can cause failure of the dam due to internal erosion and/or embankment sliding. You should inspect the seepage periodically and notify this office if it increases. Wetness was also noted on the back slope, and along the toe and abutments. Please contact us at (828) 296-4500 to advise us of your intended action in this matter. If we do not receive notification on or before September 15, 2008, we shall present the case information for appropriate enforcement action. Enforcement action could include a civil penalty of up to $500.00 per day of violation, and/or issuance of a Dam Safety Order requiring the repair or removal of this dam, and/or injunctive relief to gain compliance. Sincerely, UJanet S. Boyer, PE Regional Engineer cc: Roger Edwards, Water Quality Regional Supervisor. Hubert Hawkins, Acting State Dam Safety Engineer Chet Meinzer, AGFA Corporation GALQ\Transy1vania\Dams\017 Dupont Lake Dam\NOD 08 15 08.doc r- NCDENR North Carolina Department of Environment and Natural Resources Division of Land Resources Land Quality Section James D. Simons, PG, PE Director and State Geologist July 11, 2008 Ms. Sue-C. Sharpe Pine Shore Lake POA 49 Harbor Cove Brevard, North Carolina 28712 RE: North Shore Lake Dam Transylvania County TRANS-038 Dear Ms. Sharpe Michael F. Easley, Governor William G. Ross Jr., Secretary E, 1 + U 6 2008 WATER LQUALITY SECTION ASHEVILLE REGIONAL OFFICE This is to acknowledge receipt of your application dated July 7, 2008 for the repair of the subject dam. The application was received in our office on July 10, 2008. While reviewing our file it was noted that we approved a plan in January 2006 to replace these pipe with two 36 inch reinforced concrete pipe. Please provide us with an explanation why this work was not performed. A preliminary review of your submittal has been made and we are concerned that the performance of the proposed work will leave your dam with no emergency spillway. With no emergency spillway there is no means of safely passing a storm that might exceed the minimum design storm. We recommend you have your engineer do a more detailed investigation of the condition of the existing 12 inch and 24 inch corrugated metal emergency spillway pipe. This would. consist of a video inspection of the interior of each pipe for their entire length. In your submittal the engineer, Mr. Terry Allen mentioned the development of several sinkholes above the pipe. If the video inspection does not reveal the cause for these sinkholes, it may be necessary to excavate at each sinkhole to inspect the pipe in these areas. If after this investigation, Mr. Allen still fills these pipe are nearing the end of their useful life, we recommend they be sliplined rather than abandoned. Please contact Ms. Janet Boyer, PE, Regional Engineer at telephone number (828) 296-4500 or a member of the Central Office Dam Safety staff at 919-733-4574 should you have any questions concerning this matter. 1612 Mail Service Center, Raleigh, North Carolina 27699-1612 •919-733-4574 / FAX: 919-733-2876 512 North Salisbury Street, Raleigh, North Carolina, 27604 An Equal Opportunity 1 Affirmative Action Employer— 50% Recycled 110% Post Consumer Paper Ms. Sharpe July 11, 2008 Page 2 Sincerely, W. Hubert Hawkins, PE Acting State Dam Safety Engineer Land Quality Section vNi"I-1 cc: Mr. Terry E. Allen, PE Mr. Roger Edwards, Surface Water Protection Supervisor Ms. Janet Boyer, PE, Regional Engineer A� RCDENR North Carolina Department of Environment and Natural Resources Division of Land Resources Land Quality Section James D. Simons, P.G., P.E. Director and State Geologist June 9, 2006 Dr. B. Dan Marks, PE Marks Enterprises One Palatka Drive Arden, North Carolina 28704 RE: Blue Ridge Hills Dam Transylvania County State I.D.: TRANS-032 Dear Dr. Marks: Michael F. Easley, Governor William G. Ross Jr., Secretary p' J u ),4j 1 2a. ..r 13 6 This is to acknowledge receipt of the "as -built" submittal dated June 4, 2006 for the repairs to the subject dam. The submittal was received in our office on June 6, 2006. Applications requiring an Approval of Repairs require a comprehensive field inspection by our Regional Office personnel. Upon completion of the requisite field inspection and finding by our field personnel that the dam has been repaired in conformance with the approved plan and as reported in the as -built submittal, our office will issue an Approval of Repairs. If significant discrepancies are found to exist, revisions may be required before Approval of Repairs can be issued. In view of our current workload, we anticipate that it will take no more than 45 days from date of receipt of the as -built submittal to issue a response. Please contact Ms. Janet Boyer, PE, Regional Engineer at telephone number (828) 296-4500; or a member of the Dam Safety Program central office staff at telephone number (919) 733457.4._should you have questions concerning this matter. Sincerely,i y I �► �� r JUN 1 2 2006 William H. Denton, IV, EIT Assistant State Dam Safety Engineer s' WATER ouauTv sFC i ION Land Quality Section ASHEVILL- __-E REGIONAL OFFICE � ,.,,. cc: Mr. Edward Jarosz, Jr., Trustee i�Mr._Roger Edwards "Water Quality RegionaL.Supervisor_ ' — — -- Ms. Janet Boyer, PE, Regional Engineer Geological Survey • Land Quality • Geodetic Survey Division of Land Resources • 1612 Mail Service Center, Raleigh, North Carolina 27699-1612 512.North Salisbury Street, Raleigh, North Carolina 27604 919-733-38331 FAX: 919-715-8801 l Internet: www.dlr.enr. state.nc.us/dlr.htm An Equal Opportunity 1 Affirmative Action Employer — 50% Recycled 110% Post Consumer Paper, A� NCDENR North Carolina Department of Environment and Natural Resources Division of Land Resources Land Quality Section James D. Simons, P.G., P.E. Director and State Geologist May 31, 2006 Mr. Hank Birdsong Camp High Rocks Post Office Box 210 Cedar Mountain, North Carolina 28718 RE: Approval of Repairs High Rock Lake Dam Transylvania County State I.D.: TRANS-012 Dear Mr. Birdsong: Michael F. Easley, Governor William G. Ross Jr., Secretary This concerns the subject dam recently repaired pursuant to issuance of an Approval to Repair dated November 1, 2005 as required by the Dam Safety Law of 1967. Record Drawings and the engineer's certification were received on April 6, 2006 from Mr. J.C. Bumgamer, PE. - An inspection of this dam was made by Land Quality Section staff of the Asheville Regional Office on May 30, 2006. The dam was'found to be in general conformance with the approved plans and specifications, and the completed repairs are acceptable. We have not received an emergency action plan and operation and operation and maintenance plan as required in the approval to repair issued on November 1, 2005. The facility cannot be considered in compliance until these documents have been received. The Land Quality Section staff will make periodic inspections of this dam to assure that the dam is being maintained in good operating condition, These inspections, however, will be relatively infrequent. It is advised that you closely inspect and monitor your dam, and that you notify your engineer and the Division of Land Resources if you see or suspect any problems concerning its safety. Sincerely, Maxwell R. Fowler, PE State Dam Safety Engineer cc: Mr. J.C. Bumgarner, PE _Ms. Janet Boyer --- Regi.onal_Engineer Mr. -er - ds-ater:-Quli-ROdwar_WI.Y Regional Su ervisor , i )i JUN — 1 2006 L/ WATER QUALITY SECTION ASHEVILLE nEG!ONAL OFFICE_P 1612 Mail Service Center, Raleigh, North Carolina 27699-1612 •,919-733-45741 FAX: 919-733-2876 512 North Salisbury Street, Raleigh, North Carolina, 27604 An Equal Opportunity \ Affirmative Action Employer- 50% Recycled \ 10% Post Consumer Paper North Carolina Michael F. Easley, Governor James D. Simons, PG, PE Lee NCDENR Department of Environment and Division of Land Resources Land Quality Section NOTICE OF DEFICIENCY June 7, 2006 CERTIFIED MAIL 7005 0390 0001 3531 2645 RETURN RECEIPT REQUESTED Chestnut Hills North Carolina Trust ATTN: Roland H. Myers, Jr. 7S. 430 Arbor Drive Naperville, IL 60540 RE: Blue Ridge Hills Dam - ID # 032 - Transylvania County Dear Mr. Myers: Natural Resources William G. Ross Jr., Secretary Janet Boyer, Regional Engineer JUN - 8 2006 �. WATER QUALITY SEC T ION ASHEVILLE RFG!ni\iAL C," ICE The Dam Safety Law of 1967 provides for the certification and inspection of dams in the interest of public health, safety, and welfare, in order to reduce the risk of failure of dams, to prevent injuries to persons, damage to downstream property, and to ensure the maintenance of stream flows. A visual inspection of the referenced dam was conducted on May 9, 2006, by staff of the Land Quality Section Asheville Regional Office. During this inspection, the following conditions were noted: As — built plans have not been submitted for the dam repairs. 2. In order to receive approval to impound water the following information is required: provide record drawings, construction monitoring report, and certification that the repairs were performed to approved plan specifications. These conditions appear serious and justify further engineering study to determine appropriate remedial measures. In the event of a dam failure, human life and significant property would be endangered because of the downstream location of Golden Road (SR 1313) and private residences. In order to ensure the safety of this dam, you are directed to retain the services of a.registered professional engineer or an experienced engineering firm to submit as — built plans as requested in previous correspondence. Plans and specifications for repair based on the results of the study must be filed with the Division of Land Resources for approval pursuant to the North Carolina Administrative Code, Title 15A, Subchapter 2K - Dam Safety (15A NCAC 2K). Two copies of an emergency action plan for this dam shall be submitted to this office by July 31, 2006. 2090 US Highway 70, Swannanoa, North Carolina, 28778-8211 Telephone 828-296-4500 ♦ Fax 828-299-7034 One www.enr.state.nc.us1 NorthCarohna An Equal Opportunity / Affirmative Action Employer /7�t1mally Notice of Deficiency Blue Ridge Hills Dam June 7, 2006 Page 2 of 2 In addition to the above, the following remedial actions, not requiring design or approval, should be completed by July 31, 2006. These items include the following: 1. Lower the water level down (not to exceed 1' per day) to construction level until we receive and approve as -built plans and issue an approval to impound. 2. Maintain minimum release volumes of 0.7 cubic feet per second while the lake is drawn down. An updated emergency action plan (EAP) will be required for this dam if one is not already on file. If an existing EAP has not been updated in the past year, the downstream hazards shall be checked and all contact information should be verified. Two copies of the EAP shall be submitted to the Division of. Land Resources, and a copy shall be provided to the local emergency management office. Please contact us at 828-296-4500 to advise us of your intended action in this matter. If we do not receive notification on or before July 31, 2006, we shall present the case information for appropriate enforcement action. Enforcement action could include a civil penalty of up to $500.00 per day of violation, and/or issuance of a Dam Safety Order requiring the repair or removal of this dam, and/or injunctive relief to gain compliance. Sincerely, ASSOP +iegional t S. Boyer Engineer cc: B.-Dan-Marks, Schnabel Engineering Mr Roger E'd�uvards, Surface Water Protection Regional Supervisor Maxwell Fowler, PE, State Dam Safety Engineer NC®ENR North Carolina Department of Environment and Natural Resources Division of Land Resources Land Quality Section James D. Simons, P.G., P.E. Michael F. Easley, Governor Director and State Geologist William G. Ross Jr., Secretary July 31, 2006 Mr. Edward C. Jarosz, Jr. Chestnut Hills North Carolina Trust 7S. 430 Arbor Drive Naperville, IL 60540 RE: Approval of Repairs. Blue Ridge Hills Dam State I.D. TRANS-032 Dear Mr. Jarosz: This concerns the subject dam repaired pursuant to issuance of an Approval to Repair on May 18, 2004 as required by the Dam Safety Law of 1967. Record Drawings and the engineer's certification were received on June 6, 2006. Dr. B. Dan Marks, PE, certified the repairs. Land Quality Section staff of the Asheville Regional Office made an inspection of this dam on June 23, 2006. The dam was found to be in general conformance with the approved plans and specifications, and you may impound water subject to the following stipulations: A minimum flow of 0.7 cubic feet per second must be released from the dam site at all times, even during refilling of the impoundment. 2. The cracked PVC toe drain outlets must be repaired. The eroded concrete at the left (facing downstream) wing wall shall be monitored. 4. The erosion feature in the right abutment shall be repaired and vegetation established. The Land Quality Section staff will make periodic inspections of this dam to assure that the dam is being maintained in good operating condition. These inspections, however, will be relatively infrequent. It is advised that you closely inspect and monitor your dam, and that you notify your engineer and the Division of Land Resources if you see or suspect any problems concerning its safety - Sincerely, .Y7. r�>,..... 1 [, amen D. Simons, PE, PG Director and State Geologist rti. AUG — 9 2006 cc: Dr. B. Dan Marks WATER QUALITY SECTION Mr- Roger -Edwards -Surface -Water Protection Regional -Supervisor ASHEVILLE REGIONAL OFFICE Ms. Janet Boyer, PE, Land Quality Regional Engineer J G" _._.....Yx+sa,:rin•:v.^.T snacn:.r-mn:_a.ce,-xM'. .:.d:'hREike= i .i 1612 Mail Service Center, Raleigh, North Carolina 27699-1612 •919-733-4 i7 'T FAX: 919-733-2876 512 North Salisbury Street, Raleigh, North Carolina, 27604 An Equal Opportunity 1 Affirmative Action Employer- 50% Recycled 110% Post Consumer Paper North Carolina James D. Simons, PG, PE Director and State Geologist December 22, 2006 NCDENR Department of Environment and Natural Resources Division of Land Resources CERTIFIED MAIL R F.TI JRN RECEIPT REOUESTED 7002 3150 0003 7052 0001 Mr. Dwight E. Graber, egistere gent Balsam Grove LLC Post Office Box 224 Balsam Grove_ Nnrth C'.arnl;na ?R7nR 7002 3150 0003 7052 0445 Mr. Dwight E. Graber Post Office Box 195 Lake Toxaway, North Carolina 28747 RE: Graber Dam State Identification TRANS-085 Dam Safety Order DS 06-13 Dear Mr. Graber: Michael F. Easley, Governor William G. Ross Jr., Secretary -DEC�� I JA N 1 6 2007 WATER QUALITY SECT1GP.1 ASHE=NIECE RFG17,'�,'A! r =i� ` Attached is an order issued under the authority of the North Carolina Dam Safety Law of 1967. The order requires that within 91 days a plan developed by registered professional engineer to repair or breach the subject dam located on a tributary to North Fork Flat Creek in Transylvania County be submitted to the Director of the Division of Land Resources. A copy of the North Carolina Dam Safety Law of 1967 is enclosed for your information. If you wish to contest this Dam Safety Order, you must request a contested case hearing within 10 days after receiving this notice. This request must be in the form of a written petition that conforms to the requirements set forth in North Carolina Statute (NCGS) 15013-23. The original petition and one copy must be filed as follows: Office of Administrative Hearings 6714 Mail Service Center Raleigh, North Carolina 27699 Any questions about filing a petition may be directed to the Clerk of the Office of Administrative Hearings by telephone at (919) 733-0926. A copy of the petition must also be served on the Department as follows: Ms. Mary Penny Thompson, General Counsel Department of Environment and Natural Resources 1601 Mail Service Center Raleigh, North Carolina 27699-1601 Geological Survey • Land Quality Geodetic Survey Division of Land Resources - 1612 Mail Service Center, Raleigh, North Carolina 27699-1612 512 North Salisbury Street, Raleigh, North Carolina 27604 919-733-38331 FAX: 919-715-8801 1 Internet: www.dlr.enr. state,nc.us/dlr.htm An Equal Opportunity 1 Affirmative Action Employer- 50% Recycled 110% Post Consumer Paper Mr. Graber December 22, 2006 Page Two Please note that failure to comply with this Dam Safety Order may result in: 1. The assessment of a civil penalty of not less than $100.00 nor more than $500.00. In the case of a willful failure to comply with this Dam Safety Order, a civil penalty may be imposed in an amount up to $500.00 for each day of violation. This penalty will begin to run from the deadline established in the Dam Safety Order; and/or 2. A request to the Attorney General's Office for injunctive relief. If you have any questions, please contact either: Ms. Janet Boyer, PE Regional Engineer Land Quality Section 2090 US Highway 70 Swannanoa, North Carolina 28778 Telephone: (828) 296-4500 Or Mr. Maxwell R. Fowler, PE State Dam Safety Engineer Land Quality Section 1612 Mail Service Center Raleigh, North Carolina 27699-1612 Telephone: (91'9) 733-3833 We would appreciate your calling us as soon as you receive 3iis notice so that we can be aware of your plans and schedule. Sincerely, Maxwell R. Fowler, PE State Dam Safety Engineer Enclosures cc: Mx --Ragor Edwafdg -Surface Water Prot C- o - S:upervisor;Asheville Regional Off ce- Ms. Janet Boyer, PE, Regional Engineer, Land Quality Section NCDENR North Carolina Department of Environment and Natural Resources Division of Land Resources Land Quality Section Michael F. Easley, Governor James D. Simons, PG, PE March 9, 2007 NOTICE OF DEFICIENCY CERTIFIED MAIL-7006 2150 0005 2459 3577 RETURN RECEIPT REQUESTED Forest Lake Estates Property Owners Association, Inc Larry J. Shreve, Agent 2 Sand Trap Drive Brierwood Estates Shallotte, NC 28459 RE: Forest Lake Dam (TRANS-084) - Transylvania County Dear Mr. Shreve: William G. Ross, Jr., Secretary Janet S. Boyer, PE, Regional Engineer t MA R i 2 2007 ! ; l Act IA- QLiALITY SECTION I_LE R. `2 \Ai_ O;_;_ I E The Dam Safety Law of 1967 provides for the certification and inspection of dams in the interest of public health, safety, and welfare, in order to reduce the risk of failure of dams, to prevent injuries to persons, damage to downstream property, and to ensure the maintenance of stream flows. A visual inspection of the referenced dam was conducted on January 31, 2007 by staff of the Land Quality Section Asheville Regional Office. During this inspection, the following conditions were noted: • The dam was impounding water without an Approval to Impound letter. An Approval to Repair letter was issued May 26, 2004. The lake was to remain drained until repairs were completed and an Approval to Impound letter was issued. Please drain the lake and implement approved repair plan prepared by David Dwight Smith, PE. Do not allow water to be impounded until an Approval to Impound letter is received from the Raleigh Office. 2090 US Highway 70, Swannanoa, North Carolina, 28778-8211 Telephone 828-296-4500 Fax 828-299-7043 One www.enr.state.nc.us NorthCarolina An Equal Opportunity! Affirmative Action Employer Naturally Notice of Deficiency Forest Lake Estates Property Owners Association, Inc., Larry J. Shreve, Agent March 9, 2007 Page 2 of 2 In addition to the above, the following remedial actions, not requiring design or approval, should be completed by June 11, 2007. These items include the following: 1. High brush and trees 6" and less in diameter should be removed from the dam and establish a permanent grass ground cover sufficient to restrain erosion. An updated emergency action plan (EAP) will be required for this dam if one is not already on file. If an existing EAP has not been updated in the past year, the downstream hazards shall be checked and all contact information should be verified. Two copies of the EAP shall be submitted to the Division of Land Resources, and a copy shall be provided to the local emergency management office. Please contact us at 828-296-4500 to advise us of your intended action in this matter. If we do not receive notification on or before June 8, 2007, we shall present the case information for appropriate enforcement action. Enforcement action could include a civil penalty of up to $500.00 per day of violation, and/or issuance of a Dam Safety Order requiring the repair or removal of this dam, and/or injunctive relief to gain compliance. Sincerely, W3'?t. Boyer, PE egional Engineer cc: r Roger Edwards, Surface Water Protection Regional Superv_isgr Maxwell Fowler, PE, State Dam Safety Engineer Enclosure: Approval to Repair letter dated May 26, 2004 G:\LQ\Transylvania\Dams\084 Forest Lake Dam\NOD 03-09-2007.doc pppppp, NCDENR North Carolina Department of Environment and Natural Resources Division of Land Resources James D. Simons, PG, PE Director and State Geologist May 26, 2004 Ms. Deirdre Neugass Forest Lake Association_ 158 Forest Lake Road Brevard, North Carolina 28712 RE: Approval to Repair Forest Lake Dam Transylvania County TRANS-084-H French Broad River Basin Dear Ms. Neugass: cN Michael F. Easley, Governor William G. Ross Jr., Secretary ` 'A - e7,*3 J This is in response to your most recent submission dated May 19, 2004 and received on May 21, 2004 of plans, specifications and design data for the repair of the subject dam in Transylvania County on Wilson Mill Creek in compliance with the Dam Safety Law of 1967. These plans, specifications, and design data were prepared under the supervision of Mr. David D. Smith, PE, with David D. Smith and Company. This letter constitutes approval of the proposal .to repair the subject dam according to the plans and specifications received by this Division on May 19, 2004 with the following stipulations: Project construction shall be supervised by Mr. David D. Smith, PE. 2. During construction the Division of Land Resources may require such progress reports as are deemed necessary. 3. Upon completion of the project, Mr. David D. Smith, PE 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. 4. No water shall be impounded behind the dam until final approval is issued by the Division of Land Resources for operation of this dam. Removal of storm water from the reservoir during construction shall be performed in such a manner as to preclude off -site sedimentation. 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 Ms. Neugass May 26, 2004 Page - 2 5. You must notify Mr. Carson Fisher, PE, Regional Engineer, Land Quality Section, 2090 US Highway 70, Swannanoa, North Carolina 28778, (828) 296-4500 ten days before the start of construction. Sincerely, James D. Simons, PG, PE Director and State Geologist JDS/WHH cc: Mr. Carson Fisher, PE Mr. David D. Smith, PE Mr. Forest R. Westall, PE, DWQ Regional Coordinator NC®ENR North Carolina Department of Environment and Natural Resources Division of Land Resources Land Quality Section James D. Simons, P.G., P.E. Director and State Geologist May 3, 2007 Mr. Hank Birdsong Post Office Box 210 Cedar Mountain, North Carolina 28718 RE: Camp High Rocks Dam State I.D. TRANS-012 Dear Mr. Birdsong: Michael F. Easley, Governor William G. Ross Jr., Secretary i d M AY 1 0 2007 WATER QUALITY SECTION ASHEVILLE RFG101VAL OFFICE This is to acknowledge receipt on April 19, 2007 of your Emergency Action Plan (EAP) for the subject dam. EAPs will be reviewed by this office in the order they are received. We endeavor to respond to applications within 60 days of receipt of the application. You may contact Ms. Janet Boyer, PE, Regional Engineer -at telephone number (828) 296-4500; or a member of the Central Office Dam Safety Program 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. J.C. Bumgarner, PE Ms. Janet Boyer, PE, Regional Supervisor Mr:YRoger_Edwards=Surface= Water-P-rotection-Regional-Supervisor 1612 Mail Service Center, Raleigh, North Carolina 27699-1612 •919-733-4574 / FAX: 919-733-2876 512 North Salisbury Street, Raleigh, North Carolina, 27604 An Equal Opportunity \ Affirmative Action Employer — 50% Recycled \ 10% Post Consumer Paper Michael F. Easley, Governor James D. Simons, PG, PE, Director and State Geologist NCDENR North Carolina Department of Environment and Natural Resources Division of Land Resources Land Quality Section William G. Ross, Jr., Secretary Janet S. Boyer, PE, Regional Engineer December 6, 2007 c° .__.�...:...._..........-.. M„ NOTICE OF DEFICIENCYy i. CERTIFIED MAIL-7006 3450 0002 7064 5807 RETURN RECEIPT REQUESTED u Wallace W. Booth III 505 Fox Hollow Laner`::.:. Horse Shoe, NC 28742 RE: Pisgah Forest Dam- ID # 050- Transylvania County Dear Mr. Booth: DEC 12 2007 WATER QUALITY SECTION ASHEVILLE REGIONAL OFFICE The Dam Safety Law of 1967 provides for the certification and inspection of dams in the interest of public health, safety, and welfare, in order to reduce the risk of failure of dams, to prevent injuries to persons, damage to downstream property, and to ensure the maintenance of stream flows. A visual inspection of the referenced dam was conducted on 11 /16/07 by staff of the Land Quality Section Asheville Regional Office. During this inspection, the following conditions were noted: 1.The emergency spillway pipes exit onto the back slope of the dam. 2. Trees and bushes are growing on the abutment contacts of the dam. These conditions appear serious and justify further engineering study to determine appropriate remedial measures. In the event of a dam failure, human life and significant property would be endangered because of the downstream location of Pisgah Forest Drive and Hart Road (SR 1534). Storm water exiting out of the emergency spillway pipes on the back slope of the dam can cause erosion and possible slope failure. In order to ensure the safety of this dam, you are directed to retain the services of a registered professional engineer or an experienced engineering firm to make a study of the conditions 2090 US Highway 70, Swannanoa, North Carolina, 28778-8211 Telephone 828-296-4500 Fax.828-299-7043 www.enr.state.nc.us NOne orthCarolina An Equal Opportunity / Affirmative Action Employer Uturallly Notice of Deficiency Pisgah Forest Dam December 6, 2007 Page 2 of 2 outlined in this letter. Plans and specifications for repair based on the results of the study must be filed with the Division of Land Resources for approval pursuant to the North Carolina Administrative Code, Title 15A, Subchapter 2K - Dam Safety (15A NCAC 2K). Two copies of this study and plan shall be submitted to this office by February 10, 2008. In addition to the above, the following remedial actions, not requiring design or approval, should be completed by 2/10/08. These items include the following: 1. Remove small trees and bushes growing along the waterline of the upstream slope of the dam, and along both abutment contacts. An updated Emergency Action Plan (EAP) will be required for this dam if one is not already on file. If an existing EAP has not been updated in the past year, the downstream hazards shall be checked and all contact information should be verified. Two copies of the EAP shall be submitted to the Division of Land Resources, 1612 Mail Service Center, _Raleigh, NC 27699-1612, Attn: Max Fowler, PE, and a copy shall be provided to the local emergency management office. Please contact us at 828-296-4500 to advise us of your intended action in this matter. If we do not receive notification on or before 2/10/07, we shall present the case information for appropriate enforcement action. Enforcement action could include a civil penalty of up to $500.00 per day of violation, and/or issuance of a Dam Safety Order requiring the repair or removal of this dam, and/or injunctive relief to gain compliance. Sincerely, �rnt S. Boyer, egional Engineer cc: Maxwell Fowler, PE, State Dam Safety Engineer _Roger Edwards., Surface Water Protection Regional Supervisor, G:\LQ\Transylvania\Dams\050 Pisgah Forest Farm Dam\N0DPisgah ForestDam12 6 07.doc Aa NCDENR North Carolina Department of Environment and Natural Resources Division of Land Resources Land Quality Section Michael F. Easley, Governor James D. Simons, PG, PE, Director and State Geologist May 20, 2008 NOTICE OF DEFICIENCY CERTIFIED MAIL-7005 1820 0002 9207 1938 RETURN RECEIPT REQUESTED Wallace W. Booth III 505 Fox Hollow Lane Horse Shoe, NC 28742 RE: Pisgah Forest Dam, State ID No. TRANS-050 Transylvania County Dear Mr. Wallace: William G. Ross, Jr., Secretary Janet S. Boyer, PE, Regional Engineer �Fj I M AY 2 2 2008 � ll WATER QUALITY SECTION ASHEVILLE REGIONAL OFFICE The Dam Safety Law of 1967 provides for the certification and inspection of dams in the interest of public health, safety, and welfare, in order to reduce the risk of failure of dams, to prevent injuries to persons, damage to downstream property, and to ensure the maintenance of stream flows. A visual inspection of the referenced dam was conducted on April 21, 2008, by staff of the Land Quality Section Asheville Regional Office. During this inspection, the following conditions were noted: 1. The emergency spillway pipes exit onto the back slope of the dam. 2. Trees and bushes are growing on the abutment contacts of the dam. These conditions appear serious and justify further engineering study to determine appropriate remedial measures. In the event of a dam failure, human life and significant property would be endangered because of the downstream location of Pisgah Forest Drive and Hart Road (SR 1534). Storm water exiting out of the emergency spillway pipes on the back slope of the dam can cause erosion and possible slope failure. In order to ensure the safety of this dam, you are directed to retain the services of a registered 2090 US Highway 70, Swannanoa, North Carolina, 28778-8211 Telephone 828-296-4500 Fax 828-299-7043 www.enr.state.nc.us One NorthCarolina An Equal Opportunity! Affirmative Action Employer Aaturally Notice of Deficiency Pisgah Forest Dam May 20, 2008 Page 2 of 2 professional engineer or an experienced engineering firm to make a study of the conditions outlined in this letter. Plans and specifications for repair based on the results of the study must be filed with the Division of Land Resources for approval pursuant to the North Carolina Administrative Code, Title 15A, Subchapter 2K - Dam Safety (15A NCAC 2K). Two copies of this study and plan shall be submitted to this office by August 6, 2008. In addition to the above, the following remedial actions, not requiring design or approval, should be completed by August 6, 2008. These items include the following: 1. Trees and brush should be removed from the abutment contacts of the dam. 2. Top -dress the back slope of the dam with lime and fertilizer this fall to enhance grass growth. You are instructed to drain the impoundment and keep it drained until necessary repairs are made or a breach plan is submitted and approved by The Division of Land Resources. For earthen dams the rate of draw down shall not exceed 1 foot per day unless approved by our office. Siphoning shall be done under the supervision of a licensed engineer experienced in dam design. The draining shall be done in such a way to minimize the sediment load at the outlet. Contact The North Carolina Division of Water Quality, Roger Edwards, at (828) 296-4500 for additional information on their requirements. An updated Emergency Action Plan (EAP) will be required for this dam if one is not already on file. If an existing EAP has not been updated in the past year, the downstream hazards shall be checked and all contact information should be verified. Two copies of the EAP shall be submitted to the Division of Land Resources, 1612 Mail Service Center, Raleigh, NC 27699-1612, Attn: State Dam Safety Engineer, and a copy shall be provided to the local emergency management office. Please contact us at 828-296-4500 to advise us of your intended action in this matter. If we do not receive notification on or before August 6, 2008, we shall present the case information for appropriate enforcement action. Enforcement action could include a civil penalty of up to $500.00 per day of violation, and/or issuance of a Dam Safety Order requiring the repair or removal of this dam, and/or injunctive relief to gain compliance. Sincerely, Janet S. Boyer, PE Regional Engineer cc: State Dam Safety Engineer `Roger Edwar-ds,_ Surface Wate(P_rotection-Regional Supervisor) G:\LQ\Transylvania\Dams\050 Pisgah Forest Farm Dam\NOD 05-20-2008.doc NCDENR North Carolina Department -of Environment and Natural Resources Division of Land Resources Land Quality Section Michael F. Easley, Governor James D. Simons, PG, PE, Director and State Geologist May 5, 2008 NOTICE OF DEFICIENCY CERTIFIED MAIL-7005 1820 0002 9207 1099 RETURN RECEIPT REQUESTED Line Runner Ridge POA Greg Valentine PO Box 1068 Rosman, NC 28772 RE: Line Runner Ridge Dam, ID # Trans-015 Dear Mr.Valentine: William G. Ross, Jr., Secretary Janet S. Boyer, PE, Regional Engineer FLUAY 2008 WATER QUALITY SECTION [rH SHEVILLE REGIOiJAI_ OFFICE The Dam Safety Law of 1967, provides for the certification and inspection of dams in the interest of public health, safety, and welfare, in order to reduce the risk of failure of dams, to prevent injuries to persons, damage to downstream property, and to ensure the maintenance of stream flows. A visual inspection of the referenced dam was conducted on April 18, 2008, by staff of the Land Quality Section Asheville Regional Office. During this inspection, the following conditions were noted: 1. Excessive seepage and wetness on the backslope and toe of the dam. 2. Slope instability on the backslope due to wetness and seepage. 3. The bottom drain system appears to be deteriorating. These conditions appear serious and justify further engineering study to determine appropriate remedial measures. In the event of a dam failure, significant property damage would occur downstream due to the location of Sturtevant Dam. Deterioration of the bottom drain System, excessive seepage and slope instability is an indication of serious internal problems and could lead to catastrophic slope failure of the dam. 2090 US Highway 70, Swannanoa, North Carolina, 28778-8211 Telephone 828-296-4500 Fax 828-299-7043 One www.enr.state.nc.us NorthCarolina An Equal Opportunity / Affirmative Action Employer Naturally Notice of Deficiency Line Runner Ridge May 5, 2008 Page 2 of 2 In order to ensure the safety of this dam, you are directed to retain the services of a registered professional engineer or an experienced engineering firm to make a study of the conditions outlined in this letter. Plans and specifications for repair based on the results of the study must be filed with the Division of Land Resources for approval pursuant to the North Carolina Administrative Code, Title 15A, Subchapter 2K - Dam Safety (15A NCAC 2K). Two copies of this study and plan shall be submitted to this office by July 31, 2008. You are instructed to drain the impoundment and keep it drained until necessary repairs are made or a breach plan is submitted and approved by The Division of Land Resources. For earthen dams the rate of draw down shall not exceed 1 foot per day unless approved by our office. Siphoning shall be done under the supervision of a licensed engineer experienced in dam design. The draining shall be done in such a way to minimize the sediment load at the outlet. Contact The North Carolina Division of Water Quality, Roger Edwards, at (828) 296-4500 for additional information on their requirements. An updated Emergency Action Plan (EAP) will be, required for this dam if one is not already on file. If an existing EAP has not been updated in the past year, the downstream hazards shall be checked and all contact information should be verified. Two copies of the EAP shall be submitted to the Division of Land Resources, 1612 Mail Service Center, Raleigh, NC 27699-1612, Attn: State Dam Safety Engineer, and a copy shall be provided to the local emergency management office. Please contact us at 828-296-4500 to advise us of your intended action in this matter. If we do not receive notification on or before June 20, 2008, we shall present the case information for appropriate enforcement action. Enforcement action could include a civil penalty of up to $500.00 per day of violation, and/or issuance of a Dam Safety Order requiring the repair or removal of this dam, and/or injunctive relief to gain compliance. Sincerely, Il ,�a/ne t S. Boyer, PE Regional Engineer CC' State Dam Safety Engineer Roger Edwards, Surface Water Protection Regional Supervisor GALQ\Transy1vania\Dams\015 Line Runner Ridge Dam\NOD 5-05-08.doc �EE D J U N 1 2 2008 WATER QUALITY SECTION ASHEVILLE REGIONAL. OFFICE North Carolina Dept. of ENR Janet S Boyer, PE Regional Engineer 2090 US Highway 70 Swannanoa, NC 28778-8211 June 10, 2008 Subj est : Pisgah Forest Dam — ID # 050 — Transylvania County Dear Ms Boyer, Wally W Booth III 505 Fox Hollow Lane Mills River, NC 28759 USA T 828 890 2352 WWBooth2@jllchsi.com ,=rs; This is to inform you that I am in receipt of your letter dated May 20, 2008 regarding the above referenced dam. I will be proceeding with draining the pond and will maintain that until we submit a breach plan and receive approval by the Division of Land Resources. Terry E Allen PE of T. E..Allen Engineering, PC will be supervising the drainage and will be contacting Mr Roger Edwards of The North Carolina Division of Water Quality as required to complete the drainage. In addition Mr Allen will be creating the breach plan for submission for your approval. Best Regards, C Wally W Booth III CC Roger Edwards Terry E Allen