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HomeMy WebLinkAboutJackson Co. ComplaintsCERTIFIED MAIL: 7004 07SO 0000 2S89 9767 RETURN RECEIPT REQUESTED September 7, 2017 Mr: Kenneth Owen Dillsboro Water and Sewer,, Inc. P.O. Box 1052 Dillsboro, NC 28725 SUBJECT: Dillsboro Water and Sewer, Inc. Sewer Pump Station Jackson County Dear Mr. Owen: An investigation has been conducted of the private,pump station owned and operated by Dillsboro Water and Sewer, Inc., located adjacent to the intersection of Rufus Robinson Road and S US Hwy 441, Dillsboro, NC. The Division's Asheville Regional Offce.concludes that ,Dillsboro Water 'and Sewer, Inc. failed to effectively manage, maintain, and operate their pump station so that there is no SSO (Sanitary Sewer Overflow) to. the land or surface waters and the SSO constituted making an outlet to waters of the State for purposes of G.S. 143-215.1(a)(1), for which a permit is required by G.S. 1437215.1. . Pursuant to G.S. 143-215.6A, a civil penalty of not more than twenty-five thousand dollars ($25,000.00) may be assessed against any person who violates or fails to act in accordance with the terms, conditions, or requirements of any permit issued pursuant to G.S. 143-215.1. The following observations are noted relevant to 15A NCAC 02T .0305`and 15A NCAC 02T .0403 for pump stations permitted by regulation: • The system must be effectively maintained and operated atai/timesto prevent'discharge to land or surface waters, and to prevent any contravention of. groundwater standards or surface water standards. • Pump- stations shall .have a permanent weatherproof sign stating the pump station identifier, 24-hour emergency number and instructions to call in case of emergency. • Pump stations that are not connected to a telemetry system (i.e., remote alarm system) shall be.inspected by the permittee or its representative every day (i.e., 365 days per year). Pump stations that are connected to a telemetry system shall be inspected at least once per week. ' • Pump stations shall be designed with multiple pumps such that peak flow can be pumped with the largest pump out of service. State of North Carolina I Environmental Quality I Water Resources. 2090 U.S. 70 Highway, Swannanoa, NC 28778 \ 828-296-4500 All pump stations designed for two pumps or more shall have a telemetry system to provide remote notification of a problem condition to include power failure'and high water alarm. Pump stations.shall include .a.high-water audio.and_visual alarm.. • The public shall be restricted access to the site and equipment. Any response -to this letter should include steps to address and correct the non -compliant items noted above. This office requests that you respond to this Notice, in writing, within 10 business days of its receipt: In your response, you should address the causes of non-compliance, remedial actions, and all other actions taken to prevent the recurrence of similar situations. The response to this correspondence will be considered, in this process. Enforcement decisions will also be based on volume spilled, volume reaching surface waters, duration -and gravity, impacts to public health, fish kills or recreational area closures. Other factors considered in determining the amount of the civil penalty are the violator's history of non-compliance, the cost of rectifying the damage, whether the spill was intentional and whether money was saved by non-compliance. If you have any questions, please do not hesitate to contact Timothy Heim with the' Water Quality Section in the Asheville Regional Office at 828-296-4500 or via email at tim.heim@ncdenr.gov. Sincerely, G. Landon Davidson, P.G., Regional Supervisor Water Quality Regional Operations Section Asheville Regional Office Division of Water Resources, NCDEQ Enclosure: Cc: Asheville Regional Office - WQS File Dan Harbaugh, Executive Director: TWASA - (Electronic copy) Central Files, Water Quality Section G:\WR\WQ\Jackson\Collection Systems\Dillsboro DCS\Sept 2017 Complaint Resp Letter.docx State of North Carolina I Environmental Quality I Water Resources 2090 U.S. 70 Highway, Swannanoa, NC 28778 828-296-4500 ci Dillsboro Water and Sewer Inc. P.O. Box 1052 Dillsboro N.C. 28725 9/19/17 G. Landon Davidson ,P.G. Regional Supervisor Water Quality Regional Operations Section Asheville Regional Office Division of Water Resources, NCDEQ Dear Mr. Davidson: I am responding to the notice I received on 9/11/17. 1 called Timothy Heim and discussed the notice that I received and told him that we checked the pump station Monday (9/4/17) at approximately 7:00 am and everything was fine. Tuesday morning got a call about alarm going off. I called my service man and he pumped the pump station down and reset the electrical breakers. Everything was found OK. I have decided to look into an automatic dialer on this system to be able to respond ASAP. If you have any questions please call 828/508/8300 39 !� Division of 4Waier Resources S E P 2 5 2017 Water Quality Regional Operations Asheville Renbnal Office Sincerely, Kenneth Owen Memo To File Author. S. Wilson Date: 8/19/2013' Re: Rice Complaint — Long Branch Road Haywood County (Maggie Valley area) Mr. Rice's creek has been (somewhat) impacted by the slide area along Long Branch Road. The road was constructed some time back — but with all the rains this year several small slide areas occurred. Mostly the NOV was sent to Mr. Sutton to try and get him to better stabilize the slope by the road (that is Mr. Rice's property — but there is deeded easement to the subdivision across the creek from him). There is also a drainage outlet that is in the middle of the slope — and appears to be unstable. This should possibly be moved further down the slope. It is my understanding that Mr. Sutton's wife is gravely ill right now — so I do not know if he has addressed this issue at all (and I'm not going to call and push him on it). RECEtVE® AUG 222013 DWQ/Surface Water Protection Section Asheville Revinn.i r,a-_ August 18, 2013. Susan Wilson Division of Water Quality Asheville Regional Office 2090 US Hwy 70 Swannanoa, NC 28778 William Sutton 13 Teepee Ridge Maggie Valley, NC 28751 "EIVE® AUG �'913 3 DWQ/Smrfacc Wa on :cCtion Asheville lt. RE: NOV-2013-SS-0004 The following is in response to your letter Dated July 24 2013. Enclosed is a section of a county map showing Long Branch Stream. I have removed the slide material from the road and adjacent areas. I have repaired the road as well as adding more road gravel. I have seeded the area and will continue to do so until the area has stabilized vegetation. I have added more culverts along Long Branch Rd. Check Dams have been added in ditched areas in order to slow the velocity of storm water flow. Smokey Mountain Acres was developed 35 years ago, all of the home sites in this area have been sold to private owners except for one. Larger tracts of land have been put into Conservation. Long Branch Rd was originally a logging road and has been in place long before Smokey Mountain Acres was conceived. The slide originated from a private owners land on which no construction activities have occurred, I have cleaned the area at my time and expense. I have no construction activities nor am I aware of any construction activities ongoing in Smokey Mountain Acres. We have received over 100" of rain in this area so far this year which is almost three times the normal. There is a "wet weather spring" where the slide originated which had saturated the area and the earth beneath it. I will continue to monitor the affected area and will implement appropriate erosion control measures as needed. If you have any question or concerns feel free to call. Thank You 'William Sutton 828-734-4940 17, S t _A7A.FILE NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Pat McCrory Thomas A. Reeder John E. Skvarla, III Governor Acting Director Secretary July 24, 2013 CERTIFIED MAIL RETURN RECEIPT REQUESTED Mr. William Sutton Smokey Mountain Acres 13 Teepee Ridge Maggie Valley, NC 28751 7012 1010 0002 1967, 6131 SUBJECT: NOTICE OF VIOLATION NOV-2013-SS-0004 Stream Standard Violation - Other Waste (In -stream sediment) Haywood County Response deadline: August 26, 2013 Dear Mr. Sutton: On June 17, 2013, Susan Wilson and Jeff Menzel, from the Asheville Regional Office of the Division of Water Quality (DWQ) conducted a site inspection at Long Branch Road in Haywood County. Stream standard violations were noted during the inspection and file review. Sediment impacts to Long Branch were documented. As a result of the site inspection and file review, the following violations were identified: VIOLATIONS I. Stream Standard Violation - Other Waste (In -stream sediment)15A NCAC 02B .0211 (3)f — An indeterminate length of Long Branch, a Class WS-III, Trout stream [Stream Index: 5-26-3-3] in the French Broad River Basin, was impacted by sediment deposition in pockets along the stream reach, representing Water Quality Stream Standard violation of 15A NCAC 02B .0211 (3) (f). SURFACE WATER PROTECTION SECTION —ASHEVILLE REGIONAL OFFICEonlu1 7. �'„ Location: 2090 U.S. Highway 70, Swannanoa, North Carolina 28778 NCarolina. Phone: 828-29645001 FAX: 828-299-7043 A // Internet: www.ncwaterquality.org atur lly An Equal Opportunity l Affirmative Action Employer Mr. Sutton July 24, 2013 ' Page 2 of 2 REQUIRED RESPONSE The DWQ requests that you respond by August 26, 2013. Your response should be sent to the attention of Susan Wilson, Division of Water Quality, 2090 US HWY 70, Swannanoa, NC 28778 and should address the following items: 1. Stream Standard Other Waste (In -Stream Sediment) a. Please provide a map of the project area. The map must include all streams and wetlands, detailing impacts both on- and off -site. b. Please submit a plan for further stabilization of the slide area along Long Branch Road. Matting and/or hydro seeding may be a possibility, along with extension of the culvert outlets to prevent further erosion on the steep side slopes. The Division recommends that you contact a person with expertise in erosion control and/or road grading to determine the best course of action. c. At this time, the Division does not recommend removal of the pockets of sediment (due to the steep slopes and limited access, along with the natural migration of sediment downstream). However, in lieu of removal of sediment, the Division requires that Smokey Mountain Acres focus their resources on stabilization of the side slopes. d. Once the work is complete, a fmal report documenting the results of the sediment removal activities should be submitted to Ms. Wilson. Thank you for your attention to this matter. Should you have any questions regarding these matters, please contact Ms. Wilson at (828) 296-4500 or susan.a.wilson n,ncdenr.gov . Sincerely, �z; Chuck Cranford, Regional Supervisor Surface Water Protection Asheville Regional Office cc: _Karen Higgins, WBSCP Unit =AROF1leGop Marc Pr`ueft Haywood County Erosion Control Nathan Clark, Maggie Valley Planning Department S:\SWP\Haywood\CompWnts\Long Br Road Slide\NOV-2013-SS-0004.Smokey Mtn Acres HOA.7 2013.doc Wilson, Susan A From: Nathan Clark I Town of Maggie Valley <mvplanner@townofmaggievalley.com> Sent: Thursday, July 11, 2013 11:21 AM To: Jennifer Bradish; Wilson, Susan A Subject: William Sutton contact info With 99.9% certainty I believe this is the William Sutton you need PIN 7666-87-1498 William Lee Sutton Irene Caldwell Sutton 13 Teepee Ridge Maggie Valley, NC 28751 828.926.0153 Wilson, Susan A From: Larry Rice <dp.larryrice@gmail.com> Sent: Monday, June 24, 2013 9:45 PM To: Wilson, Susan A Subject: RE: re. erosion/slide into stream Hi Susan, It just doesn't seem right that an individual or entity can damage your property with no consequences just because they have right away on your property. Anyway, I know that is not your jurisdiction. The homeowners association is Smokey Mountain Acres and the president is William Sutton. Thanks again. Larry On Jun 24, 2013 10:23 AM, "Wilson, Susan A" <susan.a.wilson a,ncdenr.gov> wrote: Hi Mr. Rice — I'm pretty regulatory limited — all I can have them do is stabilize the site — I can't tell them how to do it (and since they have right of way on your property — they can run culverts there — somehow they're just going to have to better stabilize; which may mean they have to run those outlets all the way down to the creek). I haven't sent the letter out yet — I can't find the name of the HOA — could you send it to me if you have it? I usually have to seek out the property owners to write a Notice of Violation — but that would be you and the adjacent owner (I don't see the HOA popping up on Haywood GIS). Thanks, Susan Susan A. Wilson - Susan.A.Wilson@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 Swannanoa, 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. From: Larry Rice [mailto:dp.larryrice(�bgmail.com] Sent: Tuesday, June 18, 2013 2:09 PM To: Wilson, Susan A Subject: Re: re. erosion/slide into stream Susan, It was very nice to meet you on Monday. Thank you very much for looking at the slide and for your advice. When you write the letter to the home owner's association (if you haven't already) will you please indicate that all drainage from the culvert, and the drainage points off of the road, onto our property needs to stop? Thanks again. Larry On Mon, Jun 10, 2013 at 9:10 AM, Larry Rice <ddp.lai�r rice(a�gmail com> wrote: Susan, Attached are some photos of the landslide damage on our property here in Maggie Valley, west of town actually. They were taken about two months ago so things look a little different now but the stream contamination issues continue. I am not working on the 18th but I do have committments from about 2:00 through the rest of the afternoon. Thanks. Larry On Fri, Jun 7, 2013 at 3:01 PM, Wilson, Susan A <susan.a.wilson(c�ncdenr.gov> wrote: Feel free to send some pics. If you have to takeoff work —I wouldn't recommend that— I can always look at it and then speak with you over the phone. Susan A. Wilson - Susan.A.Wilson@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 Swannanoa, 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. 3 From: Larry Rice [mailto:dp.lar[yrice gmail.com] Sent: Friday, June 07, 2013 3:33 PM To: Wilson, Susan A Subject: Re: re. erosion/slide into stream Susan, Thanks for your prompt reply. Please let me know as soon as you can when you are going to look at the slide so I can arrange to be here. In the meantime, I have photos if you are interested in seeing them. Thanks again. Larry On Fri, Jun 7, 2013 at 1:13 PM, Wilson, Susan A <susan.a.wilson cr ncdenr.gov> wrote: Mr. Rice, Landon Davidson passed along your message to me. I'll come take a look at it and see what we can do. I'm booked up next week — so likely it will be 6/18 before I get out there. Feel free to give me a call — but I did get the gist of the situation from the email you sent. Thanks, Susan Susan A. Wilson - Susan.A.Wilson�ncdenr.ov North Carolina Dept. of Environment and Natural Resources Asheville Regional Office Division of Water Quality - Surface Water Protection 2090 U.S. 70 Highway Swannanoa, 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. Report For 7667-30-0353 BOUTHILLIER, JEFFREY JOHN BOUTHILLIER, FAVIOLA 413 GOLF CREST LN AUSTIN, TX 78734 Account Information: PIN: 7667-30-0353 Deed: 667/276 Site Information: CONLEY DR SMOKEY MOUNTAIN ACRES WOODLAND Heated Area: 0 Year Built: 0 Total Acreage: 5.75 Township: IVY HILL Site Value Information: Land Value: $38,800 Building Value: $0 Market Value: $38,800 Defered Value: ($0) Assessed Value: $38,800 Sale Price: $92,000 Sale Date: 5/4/2006 Taxes 2012: $233.30 Taxes 2011: $229.42 o� !N 1: 847 Disclaimer. The maps on this site are not surveys. They are prepared from the inventory of real property found within this jurisdiction and are compiled from recorded deeds, plats and other public records and data. Users of this site are hereby notified that the aforementioned public primary Information sources should be consulted for verification of any information contained on these maps. Heywood county and the website provider assume no legal responsibility for the information contained on these maps. Map generated by the Haywood County Map Server. 71812013 JN 1 QM V ,I Report For 7666-39-4914 RICE, LARRY A RICE, KELLY M 206 BUCKEYE HAVEN CV MAGGIE VALLEY, NC 28751 Account Information: PIN: 7666-39-4914 Deed: 834/2334 Site Information: 206 BUCKEYE HAVEN RD SMOKEY MOUNTAIN ACRES DWELLING SINGLE FAMILY HOMESITE PRIMARY, HOMESITE RESIDUA Heated Area: 1460 Year Built: 1994 Total Acreage: 1.05 Township: IVY HILL Site Value Information: Land Value: $27,300 Building Value: $165,600 Market Value: $192,900 Defered Value: ($0) Assessed Value: $192,900 Sale Price: $215,000 Sale Date: 11/9/2012 Taxes 2012: $1,251.91 Taxes 2011: $1,232.62 o!n 1: 1102 Disclaimer: The maps on this site are not surveys. They are prepared from the inventory of real property found within this jurisdiction and are compiled from recorded deeds, plats and other public records and data. Users of this site are hereby notified that the aforementioned public primary information sources should be consulted for verification of any information contained on these maps. Haywood county and the website provider assume no legal responsibility for the information contained on these maps. Map generated by the Haywood County Map Server. 611712013 cy-I - --j � 12. 5,q 09 K.13 (f �,q, 5,D C, ) iAA /��UJODD Co. Wilson, Susan A From: Davidson, Landon Sent: Friday, June 07, 2013 2:05 PM To: Menzel, Jeff, Wilson, Susan A Subject: FW: Blue Line Stream Concern Jeff/Susan- Please review and respond to the email I received below. Thanks in advance. This is all the information I have and I've not contacted Mr. Rice but informed him that someone from SWP would be contacting him to discuss. Regards, Landon Gm Landon DaVds I onj PG. Nc NR- €%ssican� t Qa�t hq#Bt3k*P Prated V-zn ti`[ion Please complete the DENR Customer Service Survey to give us feedback on how we are doing and how Pre can in https://�,rcjw.surveymonkev.com/s/20l3DE_NRCustomerservice web page: http://portal.ncdenr.org/web/wq/aps Entail correspondence to and fi om this address is subject to the :forth Carolina Public Records Lair and may be disclosed to thirdparties unless the content is exempt by statute or other rc.-nlation. From: Larry Rice[mailto:dp.larryricetcOgmail.com] Sent: Friday, June 07, 2013 1:10 PM To: Davidson, Landon Subject: Blue Line Stream Concern Dear Mr. Davidson, In January a landslide occurred on my property in Haywood County. It slid from a road that borders my property down into a blue line stream on my property. Soil continues to erode down into the stream and there are also two tree root balls sitting in the steam that continue to erode. Additionally, a culvert that runs under the road and drains onto my property continues to wash soil into the stream. The road is o d maintained by a homeowner's association that is responsible for maintaining a 60 feet right of way onto my property. othing is b mg one to stop an'y f the ion. e a ress County property maps and in ormation is below. Entering myname will produce my property information. http://maps.hgMoodnc.net/gisweb/defaLilt.htm If you are not the right person to contact about this issue will you please advise me? Please feel free to call or email me. 1 Best Regards. Larry Rice 281 757-6120 •3° 10' 00.00" W 083' 09' W 083' 09' 00.00" W 083' 08' 30.00" W 083' 08' 00.00" W ME r30.00" LO o J y 1 � O CO—o ( t r v (N CO— � Cc , �y777 jjjj Z o�o co o c+) ch t„ c+� Z r :i •� l t -i ` Z 0. ch zo—m r ch co Z 3 f t g0 Z 505 071 co � O CO � :t'.. f it �"' Y:.:;.-.--.�:,,,_; p} jjj`{` e � jj`, i -----".'✓.`. - 3° 10' 00.00" W 083° 09' 30.00" W 083° 09, 00.00" W 083° 08' 30.00" W 083° 08' 00.00" W SCALE 1:24000 5000 FEET kw ZR� � 4 a � n * 'a�° bi ,' S' s f, et. Soill. or Perm Permit Number: Facility Name: County: al` - Incident Started: Date: O 43 Time: 8,'00 AM/PM Incident Ended: Date: O Time: AM/PM Estimated Volume: i 00 `"� Reach Surface ?C) Waters?_;_ es _No Surface Water Name: ` J �S �!A (- Volume Reaching Surface Waters: 100 " Fish Kill?: Yes No Location Q 1;i/2+ Manhole # �® Cause or Reason for the Upset/Spill/Bypass: Severe Natural Condition; I&I; Vandalism; Roots; Pipe Failure/Break; Grease; Pum Station Equipment Failure; Debris in Line; Power Outage � � 1 II LAM/PM� Caller's Name: WQ/ARO Staff Reported To: / �Ie Date:g/ a- l 3TIme: f' /yc.y may► �. (full e) EASTERN BAND OF C H[PROKEE IINTIMANS E : "ail Ecd py ,SPEW ER SYSTIEM OVERFLOW All fields required W M.%.dated by EPA DATE ®F'EVIENT- 7- 31 - ) 3 TIME REPORTED' ALL 13A CUSTOMER I`',TAME-. %'t%k,6i e TJIME REPORTED TO EPA.- DEPT. REPORTING. PORTING. PERSON RECEIVING CALL LOCATION/ CATION/ 911 ADDRESS. Sn o e- � P, tre e k Se ,,!��A— i , V\ ° (PERSON R EPORTNG- W -D R -- } n._ lPH®1\TIE4o BROXEL+ lit SEWER ILI NE � � TREE ROOT CONTROL M , • , DOLE SEWER CLEAN®vT/ SERVICE FLA UPSET4 OTHER DESCRIPTION. OF THE SOURCE. tCAUS]Eo ��;,�;; e2 CORRECTIVE ACTION TAKEN- c IESTEWATIED VO1I,tUM E- r�itiKi� v�N �J.\n c� PC�C�In i!�/Vntn V\V`2 V Gl t LEND- -, -� � 3 DESTINATION OF FLOW: ESTIMATED IMPACT ON (PUBLIC HEALTH. J 'tea WORK K COMPLETED BY: Fy"0-1 k-� GA„ Ln,f,s Le 8o .1 i 1,� r o-o ke v\�`�, 1 Gu so,r Svc �� tc AAo,ru MATERIAL/MACHINERY USED: DATE OF ]LAST SS® ATTIIIS LOCATION: WAS A PUBLIC NOTICE ISSUED-EJ HOURS W®RYCEDo 'RIGHN"AL :7 6's - `7. hr� �11+15 1 qs AMOUNT/HOURS: `7 l cs - YES N© NO i '�" 3:i t, t abFi + vt ,�:i .^,,. ^ + Ii rn 4 '.,4•. _ram` A +a s„: .4 "�p �� � 'fr Solow Lowy; i iOlMet Church 4 '.� �n wrK Nov - Ph 00, 6S R g 4 4 Its • s • �` 14 rr� �� �Ft' ijj G •-'dyi d" _ Transfer Aw lid Off "a� i� ro ta' r � 'J�" � *.. W ( ��'flt�' .C:• . �z_} . f �'' 0 e. � {� j � z.. "ss+C�k 'u"•�'r r qrg 4@�� 5'�1fi fe - 73 ` 2 Y n} ° 'i2 +� ti3. A ,� p ;• F «x ^" ,ill fix» e _ x, °s.,•,' '�" .a<_; ,: glu a At V , WIN tki IT r - a 4° +' ``; ,.;i a Great Smokey Mountains Campground 15 Old Milt Sewer Overflow August 2. &�Y�. \ Shoal Creek9unnamed tributary .. r nr n *+ n Jericho at headwater 280 560 1,120 1,680 2,240 Fee David Ferguson's Driveway Olivet SSO Sampling 15t Sample at Sanitary Sewer Overflow on July 30, 2013 = 68,670 MPN Per 100ml 2"d Sample at Great Smokey Mountain Campground on August 1, 2013 = 2,481 MPN Per 100ml Meeting in Vice Chief Office 8/2/2013 Sampling plan Developed and Started August 2, 2013 1. Jericho (Headwaters)= 17.1 MPN 2. 'Shoal Creek 7 = 275.5 MPN 3. David F. Driveway = 1,413.6 MPN 4. Old Mill = 218.7 MPN 5. Great Smokey Mtn Campground = 172.2 MPN August 3, 2013 1. Shoal Creek 7 = 307.6 MPN 2. David F. Driveway = 1,986.3 MPN 3. Old Mill = 1,046.2 MPN 4. Great Smokey Mtn Campground = 488.4 MPN August 4, 2013 1. Shoal Creek 7 = 325.5 MPN 2. David F. Driveway = Exceeded 2,419.6 MPN 3. Old Mill = 648.8 MPN 4. Great Smokey Mtn. Campground = 517.2 MPN August 5, 2013 1. Shoal Creek 7 = 512 MPN 2. David F. Driveway = Exceeded 2,419.6 MPN 3. Old Mill = 517.2 MPN 4. Great Smokey Mtn. Campground = 579.4 MPN With these results in hand, it was decided to sample the tributary that was exceeding the 100 MI test. EASTERN HAND OIL cCHEROK E1E MUM ECorppy Ecdpy SEWER SYSTEM OVERFLOW All fields required - Mandated by EPA DATE of tWEr�To 7- 3l -1 S TIM REPORT]ED. ALL IDP, CUSTOMER NAME. Ak&�a� e. Uo C" a �S TIME REPORTED TO EPA; DEFT. REPORTING. PERSON R EC EI'TBNG CALL LOCATION/ 911 ADDRESS. Sloe IPlERS®N R EPORTNGo AAQ,ry W a WP — it Inn P r rt' JPH®N1E i`o BR®YEETEl`I S EWE L0TE �_ TREE ROOT CONTROL MAINHO LE a SEWER rLLAi�l OUT/ SEC]E € �t j F LAINITT UPSET � ; �: OTHER. DESCRIPTION OF THE -SOURCE. c'sp 6ZQ 1o"-kc d' ov, � 1'�� )3 - _ GJ� e v� (�ID� t � s w 6 We N PC�Ci�n VVilntnVl�\ �S` cl i�!(� 1 CAUSE- �\n r ee ' ,r vM r, \n —\,P- S we,(-.-- . G.T 5 CORRECTIVE ACTION TAKEN- Lt VrtooDeA ►ma\' ono \< S AL � `ems r � � ��2�c=, To, 11= END: - h; � l � 3 ESTIMATED VOlL1IJI e INK/vow" DESTINATION OF FLOW ESTIMATED IMPACT ON PUBLIC HEALTH- �✓� in c� e � � In � es �r,~o; a ,- bvt WORK COMPLETED BY., ECG,.,. k_r c11„ 6\1'ks l e o f AAo:ru \o \k- La%'1\ne So1nv. S�A�:w�w.e� '\O-eCk P� ✓c.1„ MATERIAL/MACHINERY USED: HOURS WORKED: 1 z ors . "7. k« KIGINAL AMOUNT/HOURS: -7 1c_s DATE OF LAST SS® AT THIS LOCATION - WAS A PUBLIC NOTICE ISSUED- cj YES _�✓� NO y x EASTER LAN BAI`0 OIL CCHLR(CDKEE UtIDIANS SEWER SYSTEM OVER -FLOW Ecopy. DATE OF EVENT: 19 awl I a TIME REPORTED: A D &2ds required - Mandated any FICA TIME REPORTED TO EPA- DEPT. REF®RT IIl1Go Wo4pw � Scanw CUSTOMER NAME, -Tar e ��PERSON R EcCEIVING CALL LOCATION/ M ADDRESS. � � ��Ocz �i ��•r. � _ �6��<� (LoA PERSON R E) ORTNG: ,��� � . PHONIE#o j-%3s, BROXEN S EWER 1LINER TRE, :mow SEWER CLEAN OUT/ SERVICE [D PILAN tT DIET � ' � ®TH ER --- DESCRIPTION. Off+" TJHIJE-8OURcCEa cCAUSE- C®Il CORRECTIVE ACTION 'TAK EN- G('u En pk, AY Al - dr vi Gic BEGIN - ESTIMATED VOLUME, 00 ESTIMATED IMPACT ONPUBLIC UBLI<cC HEALTH: ro`k n _7, WORK (COMPLIE'J<"IEJ(D BY. X ry, [VI< T ERIAIL/� cCHINIER Y USED: � r`ir��r DATE OF LAST SS® ATTHIS LOCATION: WAS A PUBLIC NOTICE CIE ISSUED. D. F i PIES 9 END: IV A p Aj DESTINATION OF FLOW. ?-)fcx-oc� ul) I 0,6111141141111. .� R r Y a IL ry ) � s, A O UN7C/IHIOURSo h` M Y• k3 -.� ti A facsimile from Eastern Band of Cherokee ems' Indians °- Office of the Attorney General P.O. Box 455 561 Sequoyah Trail Cherokee, -NC 28719 To.: Linda Wiggs Fax number: 828.299.7043 From: Anita (Johnson) Lossiah Pages (including cover): 5 Email: anitjohngnc-cherokee.com Office number: 828.497.7436 Fax number: 828.497.7435 Dater 8/5/2013 Regarding: SSO Comments: SSO reports that were sent to EPA (additional included photos available upon request) JEAST11ERI`�T BAI`TIfD-07 cCHEROII E E ffD\�TDIANS r Ecopy SEWER SYSTEM OVERFLOW )py DATE OF EVENT. o -TIME REPORTED. A11 fields required e Mmdarted by EPA TIME REPORTED TO, EPA. DEPT. RE?Ok'lt'ffN G. (CUSTOMER NAME- o 9oe �b,3 ARSON RECEP NG CALL LOCATION/ 9111 ADDRESS PERSOI`�I.REpoRTNG. r0-xH :oa\k- 1_,PIE ONE#e 1-92col- SSq - fof_o0 FEET IBRORKEN SEWER LINE ��. 7Tll�E]EROOT rCOI`�T'I('ROIL. MANHOLE SEWER CLEAN, OUT/ sEpwicE, FE i PLANT UPSET OTHER IlDL+1 SCR IPTIOl`�T. Ok+ THE SOURCE. �t �y� � � �' }��. c��, e . �) n n .�n�:� �' � - 1 C7y�7 � ✓1�� } .�: � O�/L? «� � ,�'� t 1 G� i'�G� l� 1�1n yet l \ � \ �"1 - ' •. , CAUSE. CORRECTIVE ACTION TAKEN- BEGAN o ? ESTIMATED VOLUME- i k V\ r4,I bl.-:1'A END; T3113 D EST74�1` ATItON OF F L©W: C':rzny_ ESTIMATED END IMPACT ON PUBLiC HEALTH: WORK COMPLETED ]BY: 2; GA - Za/IIACERIAL/MACHINERY USEllD- Ro't�'C-0- ` oo �C OVA- ���n � c'r )()MQ I T!(ACl J V) it 5 kcs. 5 Inrs- 5 k rS AMQ UNT/HOURS ln�S. DATE OIF LAST SSO AT THIS LOCATION. ? WAS A JIDUB LI C'NO(I ICE ISSUED-. E YES ra I No 4' r WASTE RIN BAND (OF CHLROK EE ItNINAY, SEWER SYSTEM OVERFLOW DATE OF EVENT: I � aq 9 TIME REPORTED.- q:(�P3 tC1UST! OP + R NAM Ee 1LiIDcCATION/ 91�. ADTDRESS All fields required e Mandated by EPA (\ TIME REPORTED TO EPA- DEPT. REPORTING- pe r 4 PERSON Il8EiC1EllVING CALL PERSON REPOWING. �,��� ��� PTA ON1E#o ,1-In ' Ir BROKEN SEWER LINE � �� TREE ROOT ICON` Ti?®IL, 1 MANHOLE S ° .LYE CLEAN OUT/ ffiJVi�E PLANT UPSET ::, �THER DESCRIPTION- OF THE -SOURCE- CAUSE. 0 \r CORRECTIVE ACTION TAKEN. BEGIN.- END: ESTIMATED IMA'T']ED V®T.ti[TMIE: 00 DESTINATION OF FLOW: ESTIMATED IMPACT ON PUBLIC C HEALTH: 0/1 "t A'k t/i ;! ! i ggu 1 1- I gi a 11 I Ili I: 1 t i-t I 1 erb \am !%pnsk p Yd`T'IERIAIL/I`Y1[AcCHIN ER Y NS7EIDe A OUN`T'/T OURS p S r� �7. DATE OF LAST SS® A'IC'1 HIS LOCATION - WAS A PUBLIC NOTICE ISSUED.- — _f DIES �s��N® s ,z s A facsimile from i Eastern Band of Cherokee Indians Office of the Attorney General ® P.O. Box 455 561 Sequoyah Trail Cherokee, NC 28719 To: Linda W, iggs Fax number: 828.299.7043 From: Anita (Johnson) Lossiah Pages (including cover): 5 Email: anitlohn c@nc-cherokee.com Office number: 828.497.7436 Fax number: 828.497.7435 Date:' 8/5/2013 Regarding: SSO Comments: SSO reports that were sent to EPA (additional included photos available upon request) EASTERN BAND OF CIEIIIEROKE E ffNBIAP\�S Ecopy SEWER SYSTEM OVERFLOW All fields rrequired - Mandated by EPA DATE OF EVENT- o- TIME REPORTED TO EPA. TIME REPORTED. �rf g DEPT. REPORTING. CUSTOMER OMIER NAME- v ,p PERSON REC EIfMINO (CAUL %U�a r�r (,J��� � / .c, �%rl -TotvtS�� �1ot,�,`a- )Co,�P�Si; �3 LOCATION/ 911 ADDRESS. PERSON RE FORTNGa fA .k,J \-,e_- I_PHONIE34,e 1-FOV— SSq - %I o n 1BROEEN SEWER LINE i _.7,( TRE E ROOT (CONTROL MANHOLE .' SEWER CLEAN O>;T7[Y SERVICEPLAT�� 1l IfJ7PSP�T ,' OTHER I[c° DESCRIPTION OF `1TIHIIE SOURCE. Ct � � 2 � � �� o %n n �n\ e L- A CAUSE: p c) A 6", b o CORRECTIVE ACTION TAKEN: BEGIN. END: -7• 3 4 1 3 ESTIMATED VOLUME- DESTINATION OF FLOW: ESTIMATED IMPACT ON PUBLIC HEALTH - WORK tCOIMTL ET E)ID BY: E4 boa `-t 1 eer ,, CAI IMIACIERJAIL/IMIACH INTER Y USED �jaloC�."1 1/ j1 C)ev\p I YfALK HOURS WORKED- 4 If"s - 5-- 5 In rS AIMiI OIUTNT/]HtOURS � 7<DATE CIF (LAST SSO AT THIS LOCATION- ?00 WAS A PUBLIC NOTICE ISSUED, r YES r ell NO �'' LET -Ma- uWN7L5 410 79')Q&A� q 74-CD U.S. ARMY CORPS OF ENGINEERS Wilmington District Action ID: 2013-00708 County: rJaZE-973'n� NOTIFICATION OF UNAUTHORIZED ACTIVITY / PERMIT NON Responsible Party 17ck e N_. miles Address 472 Old Settlement Road Sylva, NC 28779 Telephone Number ECEIVE® Authorized Agent N/ Address Telephone Number I DWQ/Surface Water Protection Section Asheville Regional Office Size and Location of Property (waterbody, Hi;shway name/number, town, etc.): The site is located on an approximate 1.0 acre tract of land (PIN 7641-82-4954) northeast of the intersection of ins =gg' IMSrs P�TOPOM O iftig �"oa, �1�Sj� Qft. ackson County, North Carolina. Coordinates are 35.36137 N, 83.19852 W. Description of Unauthorized Activity / Permit Noncompliance: Unauthorized fill impacts to an unnamed tributary of Mill Creek during the installation of approximately 158 linear feet culvert at the above referenced tract of land. Indicate Which of the Following Apply: X Unauthorized Activity River and Harbor Act, Section 10 (33 USC 403) Noncompliance with Permit X Clean Water Act, Section 301 (33 USC 1311) Unless you have a Department of the Army Permit for the above described activity, it is a violation of federal law as specified above. You have agreed to do no further work in waters or wetlands without the required Department of the Army Permit. Any further unauthorized work in waters or wetlands will be considered an intentional violation of federal law. If you do no further work in waters and wetlands, and perform the remedial action requested below, the Corps of Engineers will take no further action in this matter. If you continue to work in waters and wetlands without the required authorization, and/or fail to perform the requested remedial action, the Corps will take further administrative action, and may request the U.S. Attorney to file suit against you. If you need further information about the Corps of Engineers regulatory program, please contact David Brown at telephone number 828-271-7980 ext 232. Remedial Action Requested: No additional work in waters of the U.S. shall occur without prior notification to this office and any other state or local agencies. You are directed to contact this office by May 15, 2013. The purpose of this contact will be to schedule a meeting, with you and/or your authorized agent, at the above property to further investigate the unauthorized discharge of fill material into an unnamed tributary of Mill Creek, to determine further remedial action, and scoping of a possible restoration/mitigation activities for the unauthorized activities. Matters to discuss include: 1) Possible After -the -Fact permit application for unauthorized impacts. Should it be decided to keep the fill impacts, an After -the -Fact permit application should be sent to this office for verification, along with a detailed map showing the stream areas impacted by installation of the culvert. This would include, if applicable, compensatory mitigation for impacts to waters of the U.S. by payment to the North Carolina Ecosystem Enhancement Program in -lieu fee program. 2) Complete removal of unauthorized fill material, at impacted jurisdictional areas, with restoration of the stream and associated buffers to pre -construction elevation and re -vegetated with native stream buffer species by June 14, 2013. If restoration is to be performed, effective erosion controls should be used and T maintained, including seed and straw quickly applied to bare soil areas, during and after remedial activities are; completed to control and minimize additional erosional impacts. Once complete, you are requested to submit'a letter stating the fill materials have been removed, and the stream and associated buffers restored. Along with this letter, you should submit photos visually documenting the remedial --;actions are complete.; Y;our,,signature.�acknowledges receipt of this notification. Return a signed copy of this notification to Asheville Regulatory Field Office in the enclosed pre -addressed envelope. Property Owner / Responsible Party Signature. Regulatory Project Manager Signatdjr�e - Date 30-Anril-2013 CF: Susan Wilson, NC DWQ Dave McHenry, NC WRC Jackson County, Robbie Shelton Wilson. Susan A From: Wilson, Susan A Sent: Thursday, March 28, 2013 11:08 AM To: Brown, David W SAW (David.W.Brown@usace.army.mil) Cc: Robert Shelton (robertshelton@jacksonnc.org) Subject: Banks Property Sylva Attachments: Banks Prop.pdf David- fyi — got a complaint from a lady re. the Banks property (off Jim Sellers Road nr the Walmart). Sounds like he's trying to culvert the entire back length of his property below her aunt's pond. Do you guys have anything for him? Not sure if it's jurisdictional or not — but the length was sounding, over 150ft. I'll check it out next time I'm in Jackson (which I'm hoping will be next week but I'm not sure yet). She also gave Robby a call. If you need to talk to her — Ms. Margaret Ann Fisher 400-8250. She's concerned that he's not installing it properly and the pond may back up. I explained to her what we could/could not do and told her I'd keep her posted on future actions. I also told her I'd try to keep her anonymous but likely since it's her neighbor he'd know (and she was OK with that). Susan Susan A. Wilson - Susan.A.Wilson@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 Swannanoa, 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. L � ' C 3� z1 42 3S. 36131 cs-3, ``Ve7 2 3; 21 4o-11t32- -g3 ti 54•612- b.03,0-- 1 Jackson County, NC Detailed Tax Parcels Report Thursday, March 28, 2013 map is prepared for inventory of real property within Jackson County. It is compiled from recorded deeds, plats, and public data records. Users of this map are hereby notified that the aforementioned public information's sources should be consulted for verification. • . Jackson County or any County representative assumes no legal responsibility for the contents of this map. Owner 1': BANKS, JACKIE N Owner 2: Physical Address: JIM SELLERS RD Property Description: BROWNING RD Account Number: 163577 PIN: 7641-82-4954 Mailing Addressl: 472 OLD SETTLEMENT RD Mailing Address2: City State: SYLVA NC Zip Code: 28779 Deed Reference: 1903/120 Deed Date: 2011-08-01 00:00:00 Sales Price: $30,000.00 Assessed Acreage: 1.00 Map Sheet: 7641.04 Plat Reference: Fire District: SYLVA 5 MILE Appraisal Neighborhood: SYLVA RURAL Neighborhood Code: 27000 Township: SYLVA RURAL Township Code: 27 Total Building Value: $0.00 Land Value: $30,600.00 Total Value: $30,600.00 SWP Event Data Sheet Event# r744 Section SW P Date 14/25/2013 Status jClosed Staff FChuck Cranford Time Spent (Minutes) 14 First Name -_ ._._.._...................... -------._... _ !Carolyn .............. ...... _............ ..l Last Name Hopper Phone Number (828) 631-3219 Fax Number Street _—_--- City County ack oo• Event Category Wetlands/401 Event Category Other Event Affiliation ,Citizen Event Affiliation Other Phone Call❑ Email/Fax ❑ Mail Ltr ❑ Referral Walk -In Meeting Comments IrLoggmg operation. Dills Cove. E�83 dff'S re_y�`M3� Par way. Past the Justice bldg. First right onto Old Dillsboro. Turn RIGHT on Dills Cove 1(1380). About 1 mile. Told her we'd contact DFR forfollow-up. i Zad3 �3170 -31� Thursday, April 25, 2013 Page 1 of 1 ALT -1 WA L E C Cd"T '7001a NCDENR North Carolina Department of Environment and Natural Resources Beverly Eaves Perdue Governor October 1, 2009 Deen Day Sanders Day Investments, LLC 1671 Highway 107 South Cashiers, NC 28717 Division of Water Quality Coleen H. Sullins Director SUBJECT: Sediment Removal Plan Approval (North) Fowler Creek, C Tr (3-1-(2)) High Hampton Jackson County Dear Ms. Sanders: Dee Freeman Secretary The Division of Water Quality has received correspondence from Mr. Terry Allen, T.E. ALLENENGINEERING, dated September 8, 2009, in regard to removal of sediment from approximately 100 linear feet of (North) Fowler Creek, a Class C, Tr stream in the Savannah River Basin (along with digital photos submitted September 10). The proposal details the removal of sediment from several areas along North Fowler Creek. The remedial actions presented in the response have been found satisfactory and are approved under the following conditions: • All work shall be performed manually (i.e., with bucket and shovel as indicated in the correspondence). All work shall be performed "in the dry" (as indicated in correspondence, the stream will be temporarily piped around the impacted area; all work shall be done so as not to increase turbidity in the receiving stream). Activities involved in this approved plan, as well as submittal of the final report, are to be completed within thirty (30) days of this approval letter. Sin rely, usan A:�d ilson, Environmental Engineer usan Surface Water Protection cc: AROF>xl'e-Cop DWQ Central Files Terry Allen, tealleneng@citcom.net — e-copy GAWPDATA\DEMWQUackson\North Fowler Creek - High Hampton sed removal\N. Fowler Creek SedimentRemAPPROVE 10 2009.doc SURFACE WATER PROTECTION SECTION — ASHEVILLE REGIONAL OFFICE One Location: 2090 U.S. Highway 70, Swannanoa, North Carolina 28778 NorthCarolina Phone: 828-296-4500\ FAX: 828-299-7043 \ Customer Service:1-877-623-6748 1/yv /� Internet: www.ncwaterquality.org �t�iL a`f An Equal Opportunity \ Affirmative Action Employer A� NCDENR North Carolina Department of Environment and Natural Beverly Eaves Perdue Governor October 1, 2009 Deen Day Sanders Day Investments, LLC 1671 Highway 107 South Cashiers, NC 28717 Division of Water Quality Coleen H. Sullins Director SUBJECT: Sediment Removal Plan Approval (North) Fowler Creek, C Tr (3-1-(2)) High Hampton Jackson County . Dear Ms. Sanders: iw0 Resource; l u9L t�-- i The Division of Water Quality has received correspondence from Mr. Terry Allen, T.E. ALLENENGINEERING, dated September 8, 2009, in regard to removal of sediment from approximately 100 linear feet of (North) Fowler Creek, a Class C, Tr stream in the Savannah River Basin (along with digital photos submitted September 141h). The proposal details the removal of sediment from several areas along North Fowler Creek. The remedial actions presented in the response have been found satisfactory and are approved under the following conditions: • All work shall be performed manually (i.e., with bucket and shovel as indicated in the correspondence). All work shall be performed "in the dry" (as indicated in correspondence, the stream will be temporarily piped around the impacted area; all work shall be done so as not to increase turbidity in the receiving stream). Activities involved in this approved plan, as well as submittal of the final report, are to be completed within thirty (30) days of this approval letter. Sin rely, - usan A.ilson, Environmental Engineer Surface Water Protection cc: ARO File Copy '. DWQ Central Files Terry Allen, tealleneng@citcom.net — e-copy GAWPDATA\DEMWQ\dackson\North Fowler Creek - High Hampton sed removaRN. Fowler Creek SedimentRemAPPROVE 10 2009.doc SURFACE WATER PROTECTION SECTION —ASHEVILLE REGIONAL OFFICE One Location: 2090 U.S. Highway 70, Swannanoa, North Carolina 28778 NorthCarolina Phone: 828-296-4500\ FAX: 828-299-7043 \ Customer Service:1-877-623-6748 Internet: www.ncwaterquality.org - ;Vatf, // urallly An Equal Opportunity \ Affirmative Action Employer OPP( .Ba �I 77� 9� ,Vj 17A 5�L 5 JJ''�� - I.S _ t '. `' P••.i �i � 1 1 N" jrlv,� ciia_ !T �� ou�� G%; y am✓ f' 1 T.E. ALLEN ENGINEERING, P.C. Post Office Box 103 Rosman, North Carolina 28772 Phone (828) 877-4883 Firm # C-1997 Fax (828) 877-4893 September 8, 2009 SUBJECT: Stream Restoration Plan for Deen Day Sanders Property, 1671 Hwy 107 South, Cashiers, Jackson County, North Carolina ^9 ; c�1 �v NCDENR Division of Water Quality , 110 p� 401 Oversight/Express Review Permitting Unit �" 1 1650 Mail Service Center Raleigh, C 27699-1650 `� IV Dear Ms. Karoly: D Enclosed, please find (5) copi<ar pplication (PCN form). heck for the application review fee is als clo This project is to remove sedimentear feet section of Fowler Creels located behind the residence of Ms. Drs, 1671 Hwy 107 South, Cashiers, Jackson County, North Carolina. T eormed by hand (i.e., bucket and shovel). The creek will be tempo rily to cre a dry work area. If you have any questions orequire any additional information, ease do not hesitate to contact me at (828) 877-4 3 or email tealleneng_@citcom.net. Sincerely, Terry . Allen, P.E. Consulting Engineer S EP 1 0 2009 z� WATER QUALITY SECTION ASHEVILLE REGIONAL OFFICE Copy Furnish w/ attachment: 401 PERMITTING Ms. Linda Wiggs NCDENR Division of Water Quality 2090 US Hwy 70 Swannanoa, NC 28778 828-296-4500 NC FISH & WILDLIFE PERMITTING NC Wildlife Res. Commission Old Fish Hatchery Attn: Mr. Dave McHenry 20830 Great Smoky Mtn. Expressway Waynesville, NC 28786 1 copy of 401/404 PCN Application Form 1 copy of 401/404 PCN Application Form US FISH & WILDLIFE PERMITTING U.S. Fish and Wildlife Service 1 copy of 401/404 PCN Application Form Asheville Field Office 160 Zillicoa Street Asheville, NC 28801 USACE PERMITTING Asheville Regulatory Field Office US Army Corps of Engineers 151 Patton Ave, Room 208 Asheville, NC 28801-5006 1 copy of 401/404 PCN Application Form r- ISEP 1 0 LUUU WATER C;UALITY SECTION gSHE\�ILLE REG;ON L OFFICE MINT FL9jq0V-}-L_ C)M L-\% -------------- oF NWNA qG Office Use Only: r Corps action ID no. o DWQ project no. Form Version 1.3 Dec 10 2008 Pre -Construction °on PC Form A. Applicant In ormation 1. Processing 1a. Type(s) of approval sought from the Corps: ® Section 404 Permit ❑Section 10 Permit 1 b. Specify Nationwide Permit (NWP) number: 27-Stream Restoration or General Permit (GP) number: 1c. Has the NWP or GP number been verified by the Corps? ❑ Yes ® No 1 d. Type(s) of approval sought from the DWQ (check all that apply): ® 401 Water Quality Certification — Regular ❑ Non-404 Jurisdictional General Permit ❑ 401 Water Quality Certification — Express ❑ Riparian Buffer Authorization 1 e. Is this notification solely for the record because written approval is not required? For the record only for DWQ 401 Certification: ❑ Yes ® No For the record only for Corps Permit: ❑ Yes ® No 1f. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? If so, attach the acceptance letter from mitigation bank or in -lieu fee program. ❑ Yes ® No 1 g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h below. ❑ Yes ® No 1 h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? ❑ Yes ® No 2. Project Information 2a. Name of project. FF&Ier�C_r� e. ementiRemo�a. I 2b. County: Jackson 2c. Nearest municipality / town: Cashiers 2d. Subdivision name: High Hampton 2e. NCDOT only, T.I.P. or state project no: 3. Owner Information 3a. Name(s) on Recorded Deed: Deen Day Sanders 3b. Deed Book and Page No. 3c. Responsible Party (for LLC if applicable): Day Investments, LLC 3d. Street address: 1671 Hwy 107 South 3e. City, state, zip: Cashiers, NC 28717 3f. Telephone no.: 770-446-1500 3g. Fax no.: 770-446-2527 3h. Email address: bud.agee@daycompanies.com Page 1 of 10 PCN Form — Version 1.3 December 10, 2008 Version 4. Applicant Information (if different from owner) 4a. Applicant is: ®Agent ❑ Other, specify: 4b. Name: Furman H. (Bud) Agee III 4c. Business name (if applicable): Cecil B. Day Investment Company 4d. Street address: 4725 Peachtree Corners Circle, Suite 300 4e. City, state, zip: Norcorss, GA 30092-2553 4f. Telephone no.: 770-446-1500 4g. Fax no.: 770-446-2527 4h. Email address: bud.agee@daycompanies.com 5. Agent/Consultant Information (if applicable) 5a. Name: Terry Allen, PE 5b. Business name (if applicable): T.E. ALLENENGINEERING, PC 5c. Street address:. P.O. Box 103 5d. City, state, zip: Rosman, NC 28772 5e. Telephone no.: 828-877-4883 5f. Fax no.: 828-877-4893 5g. Email address: tealleneng@citcom.net Page 2 of 10 PCN Form — Version 1.3 December 10, 2008 Version B. Project Information and Prior Project History 1. Property Identification 1 a. Property identification no. (tax PIN or parcel ID): 7571-94-2774 1 b. Site coordinates (in decimal degrees): Latitude:35.0960616 Longitude: - 83.0816281 (DD.DDDDDD) (-DD.DDDDDD) 1 c. Property size: 2.06 acres 2. Surface Waters 2a. Name of nearest body of water (stream, river, etc,) to proposed project: Fowler�Creek�° � r 2b. Water Quality Classification of nearest receiving water: 3-2 2c. River basin: Savannah 3. Project Description 3a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application: 4�—Thi"s project is to remove sedment from-a'_1.0.0 LF section of Fowler Creek. 3b. List the total estimated acreage of all existing wetlands on the property: 0 3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: 500 LF 3d. Explain the purpose of the proposed project: /Remove-sediment-t at has accumulated throughout a 10OLF section of Fowler Creek. 3e. Describe the overall project in detail, including the type of equipment to be used: The sediment removal -will be performed by h�(bucket and shovel). The stream will be piped around the impacted area to create a1dryyuotk e . 4. Jurisdictional Determinations 4a. Have jurisdictional wetland or stream determinations by the Corps or State been requested or obtained for this property / project (including all prior phases) in the past? Comments: ❑ Yes ® No ❑ Unknown 4b. If the Corps made the jurisdictional determination, what type of determination was made? ❑ Preliminary ❑ Final 4c. If yes, who delineated the jurisdictional areas? Name (if known): Agency/Consultant Company: Other: 4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation. 5. Project History 5a. Have permits or certifications been requested or obtained for this project (including all prior phases) in the past? ❑ Yes ❑ No ® Unknown 5b.' If yes, explain in detail according to "help file" instructions. 6. Future Project Plans 6a. Is this a phased project? ❑ Yes ® No 6b. If yes, explain. Page 3 of 10 PCN Form —Version 1.3 December 10, 2008 Version C. Proposed Impacts Inventory 1. Impacts Summary 1 a. Which sections were completed below for your project (check all that apply): ❑ Wetlands ® Streams - tributaries ❑ Buffers ❑ Open Waters ❑ Pond Construction 2. Wetland Impacts If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted. 2a. 2b. 2c. 2d. 2e. 2f. Wetland impact Type of jurisdiction number — Type of impact Type of wetland Forested (Corps - 404, 10 Area of impact Permanent (P) or (if known) DWQ — non-404, other) (acres) Temporary T W1 ❑ P ❑ T ❑ Yes ❑ No ❑ Corps ❑ DWQ W2 ❑ P ❑ T ❑ Yes ❑ No ❑ Corps ❑ DWQ W3 ❑ P ❑ T ❑ Yes ❑ No ❑ Corps ❑ DWQ W4 ❑ P ❑ T ❑ Yes ❑ No ❑ Corps ❑ DWQ W5 ❑ P ❑ T ❑ Yes ❑ No ❑ Corps ❑ DWQ W6 ❑ P ❑ T ❑ Yes ❑ No ❑ Corps ❑ DWQ 2g. Total wetland impacts 2h. Comments: 3. Stream Impacts If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this question for all stream sites impacted. 3a. 3b. 3c. 3d. 3e. 3f. 3g. Stream impact Type of impact Stream name Perennial Type of jurisdiction Average Impact number - (PER) or (Corps - 404, 10 stream length Permanent (P) or intermittent DWQ — non-404, width (linear Temporary (T) (INT)? other) (feet) feet) S1 ❑ P ®T Sedment Removal Fowler Creek ® PER ❑ INT ® Corps ® DWQ 15 100 ❑ PER ❑ Corps S2 ❑ P ❑ T ❑ INT ❑ DWQ S3 ❑ P ❑ T ❑ PER ❑ INT ❑ Corps ❑ DWQ ❑ PER ❑ Corps S4 ❑ P ❑ T ❑ INT ❑ DWQ ❑ PER ❑ Corps S5 ❑ P ❑ T ❑ INT ❑ DWQ El PER El Corps S6 ❑ P ❑ T ❑ INT ❑ DWQ 3h. Total stream and tributary impacts 1 3i. Comments: Page 4 of 10 PCN Form — Version 1.3 December 10, 2008 Version 4. Open Water Impacts If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of the U.S. then individually list all open water impacts below. 4a. 4b. 4c. 4d. 4e. Open water Name of waterbody impact number — (if applicable) Type of impact Waterbody type Area of impact (acres) Permanent (P) or Temporary T 01 ❑P❑T 02 ❑P❑T 03 ❑P❑T 04 ❑P❑T 4L Total open water impacts 4g. Comments: 5. Pond or Lake Construction If pond or lake construction proposed, then complete the chart below. 5a. 5b. 5c. 5d. 5e. Wetland Impacts (acres) Stream Impacts (feet) Upland Pond ID Proposed use or purpose (acres) Flooded Filled Excavated Flooded Filled Excavated Flooded number of pond P1 P2 K Total 5g. Comments: 5h. Is a dam high hazard permit required? ❑ Yes ❑ No If yes, permit ID no: 5i. Expected pond surface area (acres): 5j. Size of pond watershed (acres): 5k. Method of construction: 6. Buffer Impacts (for DWQ) If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer impacts below. If any impacts require mitigation, then you MUST fill out Section D of this form. 6a. ❑ Neuse ❑Tar -Pamlico ❑Other: Project is in which protected basin? ❑ Catawba ❑ Randleman 6b. 6c. 6d. 6e. 6f. 6g. Buffer impact number — Reason Buffer Zone 1 impact Zone 2 impact Permanent (P) or for Stream name mitigation (square feet) (square feet) Temporary T impact required? ❑Yes B1 ❑P❑T ❑ No ❑ Yes B2 ❑ P ❑ T ❑ No ❑ Yes B3 ❑ P ❑ T ❑ No 6h. Total buffer impacts 6i. Comments: Page 5 of 10 PCN Form — Version 1.3 December 10, 2008 Version D. Impact Justification and Mitigation 1. Avoidance and Minimization 1 a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project. Only low impact construction methods were specified. A dry work area will be created. 1 b. Specifically describe measures taken to avoid or minimize theproposed impacts through construction techniques. Sediment removal will be performed by hand method only (i.e., bucket and shovel) 2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State 2a. Does the project require Compensatory Mitigation for impacts to Waters of the U.S. or Waters of the State? ❑ Yes ® No 2b. If yes, mitigation is required by (check all that apply): ❑ DWQ ❑ Corps 2c. If yes, which mitigation option will be used for this project? ❑ Mitigation bank El Payment to in -lieu fee program ❑ Permittee Responsible Mitigation 3. Complete if Using a Mitigation Bank 3a. Name of Mitigation Bank: 3b. Credits Purchased (attach receipt and letter) Type Quantity 3c. Comments: 4. Complete if Making a Payment to In -lieu Fee Program 4a. Approval letter from in -lieu fee program is attached. ❑ Yes 4b. Stream mitigation requested: linear feet 4c. If using stream mitigation, stream temperature: ❑ warm ❑ cool ❑cold 4d. Buffer mitigation requested (DWQ only): square feet 4e. Riparian wetland mitigation requested: acres 4f. Non -riparian wetland mitigation requested: acres 4g. Coastal (tidal) wetland mitigation requested: acres 4h. Comments: 5. Complete if Using a Permittee Responsible Mitigation Plan 5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan. Page 6of10 PCN Form — Version 1.3 December 10, 2008 Version 6. Buffer Mitigation (State Regulated Riparian Buffer Rules) — required by DWQ 6a. Will the project result in an impact within a protected riparian buffer that requires buffer mitigation? ❑ Yes ® No 6b. If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the amount of mitigation required. Zone 6c. Reason for impact 6d. Total impact (square feet) Multiplier 6e. Required mitigation (square feet) Zone 1 3 (2 for Catawba) Zone 2 1.5 6f. Total buffer mitigation required: 6g. If buffer mitigation is required, discuss what type of mitigation is proposed (e.g., payment to private mitigation bank, permittee responsible riparian buffer restoration, payment into an approved in -lieu fee fund). 6h. Comments: Page 7 of 10 PCN Form —Version 1.3 December 10, 2008 Version E. Stormwater (Management and Diffuse Flow Plan (required by DWQ) 1. Diffuse Flow Plan 1 a. Does the project include or is it adjacent to protected riparian buffers identified ❑ Yes No within one of the NC Riparian Buffer Protection Rules? 1 b. If yes, then is a diffuse flow plan :included? If no, explain why. El Yes ❑ No Comments: 2. Stormwater Management Plan 2a. What is the overall percent imperviousness of this project? 0 % 2b. Does this project require a Stormwater Management Plan? ❑ Yes ® No 2c. If this project DOES NOT require a Stormwater Management Plan, explain why: 2d. If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan: ❑ Certified Local Government 2e. Who will be responsible for the review of the Stormwater Management Plan? ❑ DWQ Stormwater Program ❑ DWQ 401 Unit 31 Certified Local Government Stormwater Review 3a. In which local government's jurisdiction is this project? N/A ❑ Phase 11 ❑ NSW 3b. Which of the following'locally-implemented stormwater management programs El USMP apply (check all that apply): ❑ Water Supply Watershed ❑ Other: 3c. Has the approved Stormwater Management Plan with proof of approval been ❑ Yes ❑ No attached? 4. DWQ Stormwater Program Review ❑ Coastal counties ❑ HQW 4a. Which of the following state -implemented stormwater management programs apply ❑ ORW (check all that apply): ❑ Session Law 2006-246 ❑ Other: 4b. Has the approved Stormwater Management Plan with proof of approval been El Yes El No attached? 5. DWQ 401 Unit Stormwater Review 5a. Does the Stormwater Management Plan meet the appropriate requirements? ❑ Yes ® No 5b. Have all of the 401 Unit submittal requirements been met? ❑ Yes ❑ No Page 8 of 10 PCN Form —Version 1.3 December 10, 2008 Version F. Supplementary Information 1. Environmental Documentation (DWQ Requirement) 1a. Does the project involve an expenditure of public (federal/state/local) funds or the ❑ Yes ® No use of public (federal/state) land? 1 b. If you answered "yes" to the above, does the project require preparation of an environmental document pursuant to the requirements of the National or State ❑ Yes ❑ No (North Carolina) Environmental Policy Act (NEPA/SEPA)? 1 c. If you answered "yes" to the above, has the document review been finalized by the State Clearing House? (if so, attach a copy of the NEPA or SEPA final approval El Yes ❑ No letter.) Comments: 2. Violations (DWQ Requirement) 2a. Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300), DWQ Surface Water or Wetland Standards, ❑ Yes ® No or Riparian Buffer Rules (15A NCAC 2B .0200)? 2b. Is this an after -the -fact permit application? ❑ Yes ® No 2c. If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s): 3. Cumulative Impacts (DWQ Requirement) 3a. Will this project (based on past and reasonably anticipated future impacts) result in ❑ Yes ® No additional development, which could impact nearby downstream water quality? 3b. If you answered "yes" to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the most recent DWQ policy. If you answered "no," provide a short narrative description. 4. Sewage Disposal (DWQ Requirement) 4a. Clearly detail the ultimate treatment methods and disposition (non -discharge or discharge) of wastewater generated from the proposed project, or available capacity of the subject facility. N/A Page 9 of 10 PCN Form —Version 1.3 December 10, 2008 Version 5. Endangered Species and Designated Critical Habitat (Corps Requirement) 5a. Will this project occur in or near an area with federally protected species or habitat? ❑ Yes ® No 5b. Have you checked with the USFWS concerning Endangered Species Act impacts? ❑Yes ®No 5c. If yes, indicate the USFWS Field Office you have contacted. ❑ Raleigh ❑ Asheville 5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an 'area designated as essential fish habitat? FZYes ❑ No 6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat? 7. Historic or Prehistoric Cultural Resources (Corps Requirement) 7a. Will this project occur in or near an area that the state, federal or tribal governments have designated as having historic or cultural preservation status (e.g_ National Historic Trust designation or properties significant in North Carolina history and archaeology)? ❑ Yes ® No 7b. What data sources did you use to determine whether your site would impact historic or archeological resources? 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA-designated 100-year floodplain? ❑ Yeas ® No 8b. If yes, explain how project meets FEMA requirements: 8c. What source(s) did you use to make the floodplain determination? Applicant/Agent's Printed Name ----- + Date Applicant/Ag nt's Signature (Agent's signature is valid only if an authorization letter from the applicant isprovided.) Page 10 of 10 PCN Form — Version 1.3 December 10, 2008 Version To Whom It May.Concern Please be advised that Furman H. (Bud) Agee III of Cecil B. Day Investment Company is authorized to act as my agent in all matters pursuant to the project known as the Fowler Creek Sediment Removal located at 1671 Highway 107 South in Cashiers, NC. This includes signing any documents he deems necessary in his sole discretion regarding this project. Thank you. seen say Sancters Sworn- to and subscribed before me this Z�day of September, 2009. P blic IN THE SUPERIOR COURT OF FULTON COUNTY FILED II�J OFFICE STATE OF GEORGIA FAMILY DIVISION MAR 2 2 2004 CLI?Rlt S Civil Action File No: 2004CV81252 Petitioner: Uldine Day Sanders FINAL DECREE CHANGING THE NAME OF AN ADULT The above and foregoing Petition to Change Name coming on to be heard pursuant to law, and it appearing that notice has been published pursuant to law and that no objections have been timely filed, and it further appearing that sufficient grounds exist for the granting of the relief prayed for in said Petition and that no reason appears showing why said prayers should not be granted, IT IS HEREBY DECREED (a) That the name of the Petitioner, Uldine Day Sanders, shall be changed to Deen Day Sanders, and (b) That such name change shall not operate to authorize petitioner to fraudulently deprive another of any legal rights under the law. SO ORDERED, this the 22�day of March, 2004.4 l n A A 1 Superior Court Fulton County, Georgia COURT ATU998930.1 Map of Cashiers, NC by MapQuest Page 2 of 2 490 m. 0 1200 ft BID , i 1 '• - • IS t � � i YJ �'� y� I P v 3shierl „ ' yf,} 1 .- a Migh H mpton:=- o l f p� Turfy Brush.Ln WOW 1 0' - � SlOck I �"�s"!! Ill f�. Ylei,�_IT�11 �' i I �� ,•�•a•.f � _ _ I' "� _ 'i 1 J• dt CP C'f ffeadwaters,i-- 4,��Q 5��� '9� �i I I � Y•'I't - - I ��• ReYi�ard.Ra-- t- ~ � 24tJ� h4apQuesk Irvc•;9 i i #; �4-' All rights reserved. Use subject to License/Copyright Map Legend Directions and maps are informational only. We make no warranties on the accuracy of their content, road conditions or route usability or expeditiousness. You assume all risk of use. MapQuest and its suppliers shall not be liable to you for any loss or delay resulting from your use of MapQuest. Your use of MapQuest means you agree to our Terms of Use http://www.mapquest.com/maps?city=Cashiers&state=NC 8/31/2009 Map of Cashiers, NC by MapQuest Page 2 of 2 Hight_ F Hdraiptor! Ir�n'a� Country Club 44. All rights reserved. Use subject to, License/Copyright Map Legend Directions and maps are informational only. We make no warranties on the accuracy of their content, road conditions or route usability or expeditiousness. You assume all risk of use. MapQuest and its suppliers shall not be liable to you for any loss or delay resulting from your use of MapQuest. Your use of MapQuest means you agree to our Terms of Use http://www.mapquest.com/maps?city=Cashiers&state=NC 8/31/2009 • , Print Map Page 1 of 1 1:12,238 Cashiers 7.5-minute Quadrangle Map for GIS User Location of My Location . Index map http://gis.enr.state.nc.us/topoviewer/gisprintjsp 9/8/2009 NORTH I— } _ H- � Z O U Z Q N 0 U a z Z O a ui - W Z Z O JO . Q i Of c� 2 GO U ~ W 2 i� O C�C d ow U 6 D= s Z- NOTES: 1. ALL BOUNDARY INFORMATION SHOYM PER RECORD PLAT BY OTHERS AND SUBJECT TO VEMCATKM BY AN ACTUAL FIELD SURVEY. BC - BUK)3MG CORNER EP - EDGE OF PAVEMENT • CUT - CONCRETE MONUMENT FOUND • PF - IRON PIPE FOUND ♦ NS 'D - NA4 SET PH BOK - PHONE BOX .. TRI • PS - TRIPLE - NON PPE SET Bw - BR MAP - MAPLE CO - CHESTNUT OAK POP - POPLAR GUM - BLACK GUM RO - RED OAK HEM - HEMLOCK SW - SOURMOOO HOC- HICKORY NV - MRTE DAK LOG - LOCUST W - W TE ME TREE SPECES ABBRENAl10N PRECEDED BY TRUNK DIAMETER W NOTES cDECIOUOIS TREE � FEROUS TREE >d SCALE: 1 NCH - 20 FEET DATE MAY 1. 2003 DRA.. NO. 3770C RENSONS SYLVESTER & COMPANY. PA aurYvevlNo •PUN«Irw SEDfflEHU REMOVAL M FOMLER CREEK, 100 LF DEEM DAY SANDERS RESIDENCE SEDIMENT REMOVAL PLAN 1.0 INTRODUCTION / OVERVIEW. This project is to remove sediment that has accumulated along a 100 linear feet section of Fowler Creek: 2.0 STREAM DESCRIPTION / IMPACT SUMMARY 2.1 Fowler Creek has a water quality classification of C; Trout +. The Stream Index Number is 3-2. This classification extends from the Upper Dam at Hampton Lake to the Chattooga River. The site is located in the Savannah River' Basin. 2.2 The stream have been impacted by the accumulation of sediment along the streambed. 3.0 SEDIMENT REMOVAL PLAN OF ACTION 3.1 Sediment Removal Technique; Remove sediment from stream bed shall be by hand method (e.g., bucket and shovel). See Sheet C-3. After removal of the sediment, the stream sha.l.l—b_e. re_c�u.c4 t_-ed) with natural —techniques so th.at=i:s mimic--s th.e_str-e.ar ch_a.nn.el ab-ove- th-e—im.pact.ed ar-ea l Only clean, large, angular rock, root wads, logs, or other natural stream design materials and techniques shall be used. Materials shall not be placed in the stream channels in a manner that overly constricts the stream flow or that impedes aquatic life movement during low flow conditions. PRELIMINARY DO NOT USE FOR CONSTRUCTION 3.2 Trubidity Reduction Techniques; 3.2.1 In —water excavation shall be conducted in dry work areas whenever practical. The stream shall be intercepted immediately upstream fo the impacted area and shall be piped around the work area using one (1) 48" diameter HDPE pipe or equal. See Sheet C-4 for Head End Detail. A minimum of four (4) stone check dams shall be placed in series at the lower end of the work area to trap any sediment runoff that may occur during construction, see Detail 1 on Sheet C-4. The check dams shall be removed and the stream bed restored immediately prior to re—establishing flow back to the original stream section. 3.2.2. Sediment and erosion control measures for sensitive watersheds (15A NCAC 04B .0124) shall be used and maintained until all disturbed soils are permanently stabilized. All bare soils shall be seeded as soon as possible after ground disturbance. Erosion c.o.rxt•ro1= matting is installed with seeding on disturbed banks, see Detail 1 on Sheet C-5. Matting shall be secured with staples, stakes, or wherever possible, live stakes of native trees. Tall fescue shall not be used along the stream. 3.2.3 All heavy equipment operated near streams shall be inspected and maintained regularly to prevent contamination of fuels, lubricants, or hydraulic. fluids. By accepting this plan, you and any others it is distributed, agree to a strict limitation liability for Terry E. Allen PE, T.E. ALLEN ENGINEERING, P.C., and its employees to an not to exceed the fee paid in hand. U CL W z c c m WW N ^Q �U W W �--Z W=x _ z `m coo �� E 1 ' a —0 m ca C z la.l W vv Ot = w J Z ^a rn m J rn I z • w q = :E aE F ti U HONE Horizontal Scala: HONE to whom of Iaaae Data: 08-31-20D9 C-1 amount _ _ _ SHEET 1 OF 6 3.3.3. Hydroseed mixtures and wash —waters shall not be allowed to enter streams. 3.3.4. Disturbance of riparian vegetation shall be kept to a minimum. Where disturbance for temporary access is necessary, trees and shrubs shall be cut and the stumps and roots shall be left to resprout. Disturbed stream banks and the widest possible zone outward from the restored stream channel shall be planted with native trees and shrubs (i.e., rhododendron, dog hobble, red maple, silky willow, tag alder, black willow, sycamore). This will help provide long—term bank stability and stream shading. Silky dogwood, silky willow and black willow can be planted as live stakes collected during the dormant season. Cuttings should be randomly planted on four (4) foot centers from the waters edge to the top —of —bank. Trees should be planted on ten (10) to twelve (12) foot centers. Stream banks in these areas shall also be seeded with native seed mix with a temporary nursery crop of wheat, millet, or other grain. 4.0 Timeline for Removal Process. Sediment removal shall begin as soon as practicable, after all required permits have been obtained. The construction period shall not exceed 14 calendar days. Work shall not be performed between October 15th and April 15th unless specifically allowed or permitted by the by the NCDENR or NC Fish & Wildlife. 5.0 Labor Supervision. The person(s) overseeing the laborers performing the work will be; Mr. Robert Tucker Inside —Outside Landscape Design 3563 Horse Cove Road Highlands, NC 28741 828-526-4272 / 828-526-8746 fax SEDIMENT REMOVAL FINAL REPORT At the conclusion of the project, the Project Manager / Contractor shall prepare and submit a "Sediment Removal Final Report" to the NCDENR Division of Water Quality, Asheville Regional Office, 2090 US Hwy 70 Swannanoa, NC 28778, (POC Ms. Linda Wiggs, telephone 828-296-4500). The "Sediment Removal Final Report" shall include: 1.0 Overview of Restoration Work. 2.0 Post —Removal Assessment 2.1 Photo Documentation following the Sediment Removal at same locations previous photo documentation (Also include a photo documenting the spoil area) 2.2 Other Findings — Visual/Survey Work. 2.3 Conclusions. z 0 U U) z 0 U 0 w w U) E) 0 z 0 0 r z J w a - By accepting this plan, you and any others to whom Mr. Buddy Johnson it is distributed, agree to a strict limitation of Buddy Johnson Excavation liability for Terry E. Allen PE, T.E. ALLEN Cashiers, NC ENGINEERING, P.C., and its employees to an amount 828-226-751.1 . —_ ______ _ __ ____ not._to_ exceed__ the fee__ paid _ in hand.___ M Lo Lo 0 N x �O N NM�N w to u(n N tO oa ov a t LO I I a, qNU SOD U CL W Z _yw' N W aaez W °1 o _ _ cm Z L7 rUa.a W K N a LL1 g J m5 Z Q F v LJ F— = U ° U z U 4-. I~ Q Oci~ �(1)U U :~o a °' o E~ � U) Ca U NONE NONE Lvua Dote: O9-31-2OD9 C-2 _ SHEET 2 OF _ Accumulation of sedimentation in stream bed shall be removed by hand means (bucket and shovel) only. No wheeled or mechanized equipment shall be used. i Average Stream Width is approx 15—FT -PRE—REMOVAL CROSS SECTION (SEDIMENT TO BE REMOVED BY HAND) STABILIZE STREAM BED & STREAMBANK (HANDWORK ONLY) SEDIMENT REMOVAL from. STREAM BED Not to Scale NOTES 1. No work shall be undertaken within streams or buffers between October o 15th and April 15th or as otherwise specified by the NCDENR or NC Fish & o Wildlife. 2. Stream bed and streambank to be stabilized after sediment removal. 3. Should the impacted area extend of property, the Contractor shall obtain "Right —of —Entry" from adjacent Property Owner prior to beginning work. 4. The type and density of reestablished vegetation shall match adjacent undisturbed areas. Restore Downstream Impacted areas. Reestablish indigenous aquatic zone; bank zone and shrub zone vegetation. Reestablished vegetation in the shrub zone shall be by "cutting between riprap". The type and density of reestablished vegetation shall match adjacent undisturbed areas. By accepting this plan, you and any others to whom it is distributed, agree to a strict limitation of liability for Terry E. Allen PE, T.E. ALLEN ENGINEERING, P.C., and its employees to an amount INARY-DO NOT USE FOR CONSTRUCTION - --- not__to__exc-e.ed the. f.e_e._,Paid in hand._ ° z s~ Oct ��U U a z3 °Q0 Q ) cW/) Q U NONE Horizontal Scale: NONE Imo. Dato: 08-St-2009 C-3 _, _ _--SHEET 30178 z O O (n 0 0 m NOiion1 i1SNOO WJ 3Sf1 lON 00 MJVNIW1138d 0 = O rrI z C 71 C _ 'o Q _UD= Q_n 00 Q 0 Q n �n mo �(D Q 7 Q Q_ Q_ r+ cn m Q Oh O (D 3 ' r (D X- (OD r c(DD �< z `� 0 /3 � O (D M 0 Q ;4: Q to Z (D O Z a) O c Q m� 0 rr,CD Q m��m Q z • Q- c� FA i"� W m0 Fri 0 Z z D c D r G� 0 c z 0 D v fV o2 r-A zv�� _M rr*10� XrrI L �0r- U10z z� MU) =mom 0 zD Om 0070 >�v D � Z Z 0 �m� oOm D —A ;0 D (7 rr1 71 m N�� U z SOD ODO m M oz c � m 0 z r m � 71 D Average Stream Width is approx 15-FT 0 0 g —I �. 0 0 = W Q Q r+ 30 (D cn C) n 0 (D c Q 0- Cn. CO 3 (D 5 :Y tQ n (n = (D � O i n : / p j L� O (D a) (D i 000 (D Q Q l (D 0 D 3 (D i 3 n M 0 rn Q_ M � r--+- (D fi �(D o Q Q 3 0 �..�3 Q o . \ \` m • o rn \ (D. � Z � (D 11) m r- 0 m m o = N. g o SEDIMENT REMOVAL from FOWLER CREEK Deen Day Sanders Residence T.E. ALLEN ENGINEERING PC Prepared for: Deen Day 4725 Peachtree r Corners Circle, Suite 300 FIRM (j C-1997 CONSULTING ENGINEERS • Con ultingE. �len PE Engin er PO BOX 103 I % ROSMAN, NC 28772 a L $ _ - 1671 Hwy 107 South Norcross GA 30092-2553 770-446-1500 Cashiers, Jackson County, NC FAX (8211) 877-4893 770-446-2527 Fax email : tealleneng Ocitcornmet 71 r Z D 0 0 z 0 c In m 0 � I 0 z 1 o_ ;rt c o 0 CD z ° VARIES I I 0 I �7 D 710 Z G T -0 M M I cn n M I ', I p it o � m 0 (n 0 a �� 3 z m o ��� ° c h? ° 0- 0 0 M��M o Qm 0 (D -0 o O+ 0--1.— .O :3 3 (D3 r(CDD �N xv r 0 rn<z`�o3-° (D 0 Z (D , M 1 n C �om�� Q (D X M 0 z• Q o � m DZ (n in •p� (A M � 0 mm z (n (n D (n m _ D 0 z D � ;;u m m _ fvOporn� Tlr Z00000�Z 0 1 m D X < N o =I m to z x m G� G 0 --4 C7 " 0 0 m 0 cn (— 3 m (" 0 a m � m ii I �� o Tf � T1� � 0m (nm= mxm z 0 X� g�0 (n� ��= z: m D a co Z �-R°. C D (n. 0 -u N U � — 0000 -_IZ D = z0 0>0 _ M_-4 m m -< m p D D 36 Z Z K mm m W U� ztl= G m > M Ln D v Y jD x S3NVA 0 CJ� 3 o 5 D 30a-3 rn (D 0 3 n +3 CD ;� !✓ 003 -v 0 0 0 O Q 0 o n (D (D (D I �0 �Q1 o 00-3-0 ((DD En O O n ZT W :3 =r 7 • : `G n (D 0 0-0- 3 .0 3 (D 0-rnZ)CD 0 3 C) 0 -s 3 rr (D Z Q 0- 0 0 � C) 3 Z3 r, (D O.. -0 O r+° 0 0 0 �fD3a O 00U, CD _o �3p.' 30�N. 0— C7 (D 0 1p 7 O O CD 3 a g (D z o a SEDIMENT REMOVAL from FOWLER CREEK T.E. ALLEN ENGINEERING PC Prepared for: Deen Da Sanders Y 4725 Peachtree Corners FIRM # C-1997 Terry E. Men, PE CONSULTING ENGINEERS • Consultingg Engineer o Deen Day Sanders Residence PO BOX 103 Circle, Suite 300 � o (jj i $ X - 1671 Hwy 107 South ROSMAN, NC 28772 Norcross GA 30092-2553 770-446-1500 Cashiers, Jackson County, NC 877-4883 FAX (828) 877-4893 770-446-2527 Fax emoil : tealleneng Ocitcom.det A I U y"accepting this MATS/BLANKETS SHOULD plan of BE INSTALLED VERTICALLY su lemental DOWNSLOPE. , PP requirements and all previously issued plans, you and any others to whom it is distributed, agree to a strict limitation of liability for Terry E. Allen PE, T.E. ALLEN ENGINEERING, P.C., and its employees to an amount not to exceed the fee paid in hand. ,.sir L OI/ P P MIN. 4!L-,/ (100mm) P OVERLAP P P / ISOMETRIC VIEW r 6" (150mm) 12 (300mm) f1 1/2"13 _j T—� I (40mm) I STAPLES TYPICAL SLOPE I `' SOIL STABLIZATION NOTES: 1. SLOPE SURFACE SHALL BE FREE OFell\ / `BER%MS ;�� ROCKS, CLODS, STICKS AND GRASS: MATS/ /�//\12 (300mm) / BLANKETS SHALL HAVE GOOD SOIL CONTACT. / / / / X/ � 2. APPLY PERMANENT SEEDING BEFORE. NOT TO SCALE PLACING BLANKETS. EROSION BLANKETS & 3. LAY BLANKETS LOOSELY AND STAKE OR TURF REINFORCEMENT MATS STAPLE TO MAINTAIN DIRECT CONTACT WITH SLOPE INSTALLATION THE SOIL. DO NOT STRETCH. 4. ON SLOPES 1.5H:1V USE LANDLOK C2 OR EQUAL ON SLOPES 2H:1V USE LANDLOK CS2 OR EQUAL ON SLOPES 3H:1V USE LANDLOK S2 OR EQUAL ON SLOPES 4H:1 V OR FLATTER USE LANDLOK S 1 OR EQUAL KT-� EROSION CONTROL MATTING DETAIL Not to Scale m ^ n ` SEDIMENT REMOVAL from FOWLER CREEK T.E. ALLEN ENGINEERING PC Prepared for: Deen Day Sanders 4725 Peachtree Corners FIRM # C-1997 TerrY E. Allen, PE CONSULTING ENGINEERS " ConsultingEngineer 1 In 2 ^ Deen Day Sanders Residence Po BOX 103 Circle, Suite 300 „ I 7 $ o ROSMAN, NC 28-n2 Norcross GA 30092-2553 0 g 1671 Hwy 107 South (e28) en-483 770-446-1500 Cashiers, Jackson County, NC FAX (828) Bn-4893 770-446-2527 Fax email : tealleneng ocitwm.net W eC�0)2.(05 Wilson, Susan A From: Cranford, Chuck Sent: Thursday, April 04, 2013 3:39 PM To: Wilson, Susan A Subject: FW: Citizen Complaint in Sylva, Jackson County, NC Let's discuss this when you have a moment. LA_T_/L_0 rjl Thanks, Chuck Chuck Cranford Supervisor, Surface Water Protection Section Division of Water Quality u (ji A1Z-6 Asheville Regional Office —� 2090 U.S. 70 Highway Swannanoa, NC 28778 Tel: 828-296-4500 Fax: 828-299-7043 » chuck.cranford@ncdenr.gov Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties unless the content is exempt by statute or other regulation. From: Lindquist, Laurie [mailto:Lindquist. Laurie@epa.gov] Sent: Thursday, March 28, 2013 5:33 PM To: Cranford, Chuck Cc: Hennessy, John; Ertep, Serdar Subject: Citizen Complaint in Sylva, Jackson County, NC Hi Chuck, I know you are out of the office until Monday, but hopefully John can point this complaint in the right direction in the meantime. It sounds like an interesting one. I would also highly recommend speaking with local law enforcement officers/your criminal folks before going out to this property. A citizen, Gary Shuler, is concerned about the creek, Blake Branch, behind his property. He owns several pet goats that regularly drink out of this creek. About 3-4 weeks ago, he noticed that one of the goats started acting odd. It recently passed away —he said it look like it was extremely sick and such. Apparently his other pet goats are experiencing the same symptoms now. He stated that a house at the end of his road, Shalom Drive (which is just off of Blake Branch Road) in Sylva, NC (zip code 28779) is operating as a "fly by night" garage. Mr. Shuler is concerned about the dumping of oil, gasoline and other hazardous materials into the creek. There are also older cars located near the creek at the back of the property. His property is downstream of the garage. Mr. Shuler did not know the exact house number. Now for the exciting part... The house adjacent to the garage has a known meth user who frequents it. This house supposedly has a secret room and many surveillance cameras. Mr. Shuler is concerned that it may be a potential meth 1 cookhouse and that they might be dumping meth byproducts into the creek as well. He's noted quite a few trash bags z, near and in the creek. It was my impression that the two homes are connected (not physically) to each other... either with owners/renters/friends. Hence the strong suggestion to invite LEOs out with you. The garage house is on the right and the camera house is on the left. Mr. Shuler said it is okay that you contact him. He can be reached at 828-586-3724. He asks that you keep his name confidential while investigating this matter. Also, the Jackson County Sheriff's office was contacted about this, but he has yet to hear anything from them or see any results (if they did something in response). Definitely keep me posted on this one! LL Laurie E. Lindquist Enforcement Officer Stormwater and Residuals Enforcement Section US EPA Region 4 61 Forsyth Street Atlanta, GA 30303 404.562.9249 lindguist.laurie(d-)epa.gov z yy '.*,,.,• � ';a�� k ., '� r ,^' , 'r1yP+,. •.'at s. ,� 2 1 1 ,,,tee �� 1 * GAA s � {a• "' j'+:.` Sir '�t � ..), '��• `*��, • z. s, 1,,,�'T, tt• 'w ." - 'C. r,a I } Cus (� t � :p •�, 1 x �;n. 'lx..t1, * •: �"yxtyta,a'a� r.a4 �. � , ,ylva, NC 28 6. Li, ,...off i, t t ? 6,. ti•I + 9 $ �,. k, w ° b�.,C.r +4`1�`• 9 S 4. i ,; { £ � .^y'�.yY"�A� + t�'•k�a*taf a x ! 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Users of this map are hereby notified that the aforementioned public information sources should be consulted for verification. Y1s Jackson County or any County representativeL �, # assumes no legal responsibility for the contents of this map. ' Owner 1: SHULAR, GARY M Owner 2: SHULAR, LISHA A Physical Address: 57 SHALOM DR Property Description: SR 1321 Account Number: 44162 PIN: 7630-60-4685 Mailing Addressl: 57 SHALOM DR Mailing Address2: City State: SYLVA NC Zip Code: 28779 Deed Reference: 1196/53 Deed Date: 2003-08-19 00:00:00 Sales Price: $0.00 Assessed Acreage: 2.00 Map Sheet: 7630.04 Plat Reference: Fire District: CULLOWHEE 5 MILE Appraisal Neighborhood: WEBSTER Neighborhood Code: 29000 Township: WEBSTER Township Code: 29 Total Building Value: $193,260.00 Land Value: $61,200.00 Total Value: $254,460.00 9 ./�K©e UA Wilson, Susan A From: Steve Beasley [stevebeasley@jacksonnc.org] Sent: Monday, May 07, 2012 9:23 AM To: Wilson, Susan A Subject: RE: DENR Toll -Free Caller - Anonymous Environmental Complaint - Bear Lake Susan, We will check out this compliant Monday or Tuesday and let you know. Steve From: Wilson, Susan A[mailto:susan.a.wilsonCabncdenr.gov] Sent: Friday, May 04, 2012 12:49 PM To: Steve Beasley Subject: FW: DENR Toll -Free Caller - Anonymous Environmental Complaint - Bear Lake Steve —this caller I'm sure would not want to be identified (even as someone fishing nearby). Do you have a good contact to speak with over there? That much withdrawal is on the edge of acceptability — so they just need a word of warning at this point, I believe. I'd also wonder how much they've dammed up the creek for the withdrawal (should allow fish passage). Thanks! Hope you are well. Susan A. Wilson - Susan.A.Wilson@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 Swannanoa, 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. From: Cranford, Chuck Sent: Thursday, May 03, 2012 6:36 PM To: Wilson, Susan A Subject: FW: DENR Toll -Free Caller - Anonymous Environmental Complaint for follow-up...... ************************************************************ Chuck Cranford Supervisor, Surface Water Protection Section Division of Water Quality Asheville Regional Office 2090 U.S. Highway 70 Swannanoa, INC 28778 Tel: 828-296-4500 Fax: 828-299-7043 chuck.cranford@ncdenr.gov E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Mcgee, Keyes Sent: Thursday, May 03, 2012 5:20 PM To: Cranford, Chuck Cc: Davidson, Alison Subject: DENR Toll -Free Caller - Anonymous Environmental Complaint Chuck and Alison, The Division of Environmental Assistance and Outreach received an anonymous environmental complaint just a few minutes before 5 pm today. Caller says that Bear Creek is dammed, an 8 inch pipe is running along stream bed, pump is withdrawing >50% of flow for golf course irrigation — this is at Bear Lake Reserve, near Tuckasegee. He reports that the dam is made of rocks and sand, and is situated upstream of the bridge near the development's entrance. Caller says that he was fishing along the stream and discovered why the flow was much less that it was in the past. Caller was asked if contact info could be given to inspector in case of further questions - caller declined the opportunity. Please let me know if I can be of further assistance. Best Regards, Keyes McGee Engineer Division of Environmental Assistance & Outreach NCDENR • 1639 Mail Service Center • Raleigh, NC 27699-1639 Phone: 919-707-8134 • Fax: 919-707-8134 http://portal.ncdenr.org/web/deao/ CLICK FEEDBACK - ON ThI E RIGHT T SIDE OF DENTS W E: PAGE E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. Z01c Wilson, Susan A From: Parker, Mike Sent: Tuesday, April 05, 2011 8:57 AM 4 To: Wilson, Susan A Subject: FW: Citizen Concern Attachments: Easy Street DENR exhibit.ppt Susan, here is the complaint in Jackson County. Thanks. Mike Mike Parker - Mike.Parker@ncdenr.Rov North Carolina Dept. of Environment and Natural Resources Asheville Regional Office Division of Water Quality - Surface Water Protection 2090 U.S. 70 Highway Swannanoa, NC 28778 Tel: 828-296-4500 Fax: 828-299-7043 -----Original Message ----- From: Alspaugh, Jeffrey E Sent: Monday, .April 04, 2011 3:37 PM To: Parker, Mike Subject: Citizen Concern Mike, Per our phone,conversation, I have attached an exhibit that shows the area of concern and the citizen's contact information. Thanks for the assistance. Regards, Jeffrey Alspaugh Assistant District Engineer North Carolina Department of Transportation Division 14 / District II 345 Toot Hollow Rd Bryson City, NC 28713 828-488-2131 Email correspondence to and from this sender is subject to the N.C. Public Records Law and may be disclosed to third parties. � f An S 8R- V(5, cr Vi. cqy 1 N Easy St (S.R.1407), Whittier (Jackson County) — Stream Modification Concerns Vicinity Map I X.T.S. a ° Cameteh' n o T h�iter Y ; . `iaualle �, _ � :, Cerneaery a� IV r, k ers Ra �QC Y r. 74�atSactaya �� 74 r UK- 214 g Al � ' o '�, -� a`"�h"QkYFilotryita�TN`�.=� ��^�'•-�, N- t Easy St (S.R.1407), Whittier (Jackson County) - Drainage Concerns Location Map IVV.c- V�o i S°3ck- 0�'A Incident Report � � Report Number: 201100618 Incident Type:Complaint On -Site Contact: Category: Surface Water First/Mid/Last Name: Incident Started: 03/07/2011 Company Name: County: Jackson Phone: City: Pager/Mobile Phone: / Farm #: ,Responsible Party: . Owner: Permit: Facility: First Name: Middle Name: Last Name: Address City/State/Zip: Phone: Material Category: DD:MM:SS Latitude: Estimated Qty: UOM Decimal Longitude: Location of Incident: Smoke Rise - High Grove Address: 1046 Smokey Cove Rd City/State/Zip "Whittier NC Reported By: First/Mid/Last Name: Anthony Paparella Company Name: Address: City/State/Zip: Phone: (828)586-6074 Pager/Mobile Phone: / Chemical Name, Reportable Qty. lbs. Reportable City. kgs. Position Method: PositionAccuracy: Position Datum: cpox- Report Created 03/21/11 08:18 AM Page -I 28789 I Cause/Observation: Directions: Excavating wetlands 74 past Uncle Bills Flea Market and Quella Fire Station. RIGHT just after sweepstakes building. Gravel to pavement. —1 mile past his drive till see barn. Wetland/Creek behind shed. Call Mr. Paparella when coming. I I Action Taken: Comments: i i' ;1 Incident Questions: Did the Material reach the Surface Water? Unknown Conveyance: Surface Water Name? Did the Spill result in a Fish Kill? Unknown Estimated Number of fish? If the Spill was from a storage tank indicate type. (Above Ground or Under Ground) Containment? Unknown Cleanup Complete? Unknown Water Supply Wells within 1500ft: Unknown Groundwater Impacted : Unknown Event Type Event Date Due Date Referred to Regional Office - Primary Contact Report Entered 2011-03-21 09:17:16 Report Received 2011-03-21 09:00:00 Incident Start 2011-03-07 08:00:00 Report Created 03/21/11 08:18 AM Comment -2 i Standard Agencies Notified: Agency Name Phone Other Agencies Notified: Agency Name Phone DWQ Information: Report Taken By: Chuck Cranford First Name M.I. Last Name Contact Date First Name M.I. Report Entered By: Chuck Cranford Phone: Date/Time: 2011-03-21 09:00:00 AM 2011-03-21 09:17:16 AM Referred Via: Phone Did DWQ request an additional written report? If yes, What additional information is needed? Last Name Contact Date Regional Contact: Report Created 03/21/11 08:18 AM Page 3 4� (PO4 "P-1 0l 4 piwidu e 17 Wilson, Susan A From: Robert Shelton [robertshelton@jacksonnc.org] Sent: Friday, April 08, 2011 3:53 PM To: Wilson, Susan A Subject: RE: misc. Alfred B. and Melony Osterhout 3332 Cat Brier Trail Harmony, FL 34773 Phone 321-508-5319 PIN 7623-43-9584 From: Wilson, Susan A jmailto:susan.a.wilson@ncdenr.gov Sent: Friday, April 08, 2011 9:45 AM To: robertshelton@jacksonnc.orq Subject: misc. Robby — Just sending this so you'll remember to send me Mr. Osterhouse (?)—the gentleman farmer— if you can send me his name/ phone number. And send me those folks off Lullaby lane — a copy of the NOV you have active for them. Thanks! Have a great weekend — it's gonna be really nice! Susan Susan A. Wilson - Susan.A.Wilson@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 Swannanoa, 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. 1 616 10,9 . Doti Wilson From: 'Victor Lofquist" <victor.lofquist@verizon.net> To: <dpwilsonaia@mchsi.com>; "Steve Doerter' <gracesteve@nctv.com> Sent: Tuesday, May 05, 2009 3:47 •PM Subject: Response from NCDENR on Grace Christian Church ir.Don & Steve, Great News! See below email from Linda Wiggs, NCDENR further from us at this time. Thanks, Victor Regards, Victor Lofquist, PE Lofquist & Associates, Inc. 828•.586.1424 828.586.3480 fax ----Original Message ----- From: Wiggs, Linda [mailto:linda.wiggs@ncdenr.gov] Sent: Tuesday, May 05, 2009 2:16 PM To: Victor Lofquist Subject: RE: Grace Christian Church HI Victor, Let me know if you have questions or need anything D,ECEp-W i E; D OCT 3 0 2009 I WATER QUALITY SECTION P.SH=\rILLE REGIONAL OFFICE Once again sorry for the delay in my response. Your letter to me dated April 17, 2008 is correct in stating that if the footprint of impervious surfaces stays the same a stormwater permit will not be needed. If they change that footprint by increasing the impervious surface, then they will need to apply for a stormwater permit. You mentioned the current impervious area is 0.85 acres, this impervious area should not be increased if Grace Christian Church wishes to avoid stormwater permitting. Also in the letter you inquired about pervious pavers. I inquired to Raleigh staff regarding such an item and these pavers would not be suitable for use in the mountains. Apparently these pavers have some benefit at the coast where the soils are sand, although this is not a reality here in the mountains. Linda Linda Wiggs - Linda.Wiggs@ncdenr.gov North Carolina Dept. of Environment and Natural Resources Asheville Regional Office Division of Water Quality - Water Quality. Section 2090 U.S. 70 Highway Swannanoa, 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. From: Victor Lofquist [mailto:victor.lofquist@verizon.net] Sent: Monday, April 20, 2009 10:41 AM To: Linda.Wiggs@ncmail.net Subject: Grace Christian Church Hi Linda, Christian Church in Cashiers. If you need to, feel free to call me to See attached- our letter regarding Grace discuss. Thanks, Victor 5/5/2009 May-10,2010 Ms. Linda Wiggs DENR 2090 US 70 Highway Swannanoa, NC 28778 Re: Grace Community Church, Cashiers, NC Dear Linda: In the interest in keeping you informed regarding the siting of the proposed new church facility, I am enclosing two different site proposals for the new church. Also in case you don't already have it, I am enclosing a partial copy of, the survey of the existing parking and buildings. I have outlined in red the existing paving for your convenience. The existing impervious surface totals, 37,402 sq. ft.. That includes the paving, and the main church building as well as the modular structure behind it. In previous communications we have agreed that under a new plan, we will not exceed the existing total impervious area. Please note that neither of the two schemes exceeds 37,402 sq. ft. As, by copy of this letter the church will see both schemes for the first time, I don't know at this time which they will favor. The point is that both should be in conformance with your guidelines. Please let me know if you see any problems with our proceeding with either of them. Thank you very much for your time. Since , E Donald P. Wilson, AI Architect M Ay 1 7 2010 Cc: Steve Doerter, Dan Smith V. WATER QUALITY SECTION ASHEVILLE REGIONAL OFFICE Enc: Schemes A & B dated 5/5/10, partial original survey tC 215 Pheasant Run I Hendersonville, NC 28739 1828.693.1883 1 E-mail: dpwilsonaia@mchsi.com I Web: www.carolinamountaincedarhomes.com WILSONACH ITECT July 7,2010 Ms. Linda Wiggs DENR 2090 US 70 Highway Swannanoa, NC 28778 Re: Grace Community Church, Cashiers, NC Dear Linda: JUL -92010 WATER QUALITY SECTION ASHEVILLE REG101',4AL OFciCE I am enclosing a survey of the church site. It shows where the 2-18" CMPs are located. I am also enclosing a copy of the current proposed site plan where I have added the pipes, and sketched in red where we may one day (maybe sooner rather than later) want to relocate the pipes. Please note that the location of the discharge has not changed. Someone from your office has reviewed the site, and has determined that the stream is not an intermittent stream, but a "wet weather conveyance". This may or may not eliminate the need for you to travel out there. If you do go, the church is located about a quarter of a mile north of the intersection of highways 64 and 107. You will likely come down 107 to get there. It is located on the east side of the road and is clearly marked. The Pastor's name is Steve Doerter, and he can be reached at (828) 743-9814. If our resultant impervious surface totals approximately 37,400 sq. ft., I think it fair to assume that the total disturbed area during construction will exceed an acre. As I told you, I will be out of town from next Wednesday through the middle of October. If you need to contact me, I can be reached after August 1 at (231) 352-7566. I can also be contacted via email at dpwilsonaia@gmail.com. Sincerely, ram'. Dona1UP. Wilson, AIA, Architect Cc: Steve Doerter, Dan Smith Enc: 1:30 scale survey; 8-1/2 x 11 copy of same; altered copy of the proposed site plan. 215 Pheasant Run I Hendersonville, NC 28739 1 828.693.1883 1 E-mail: dpwilsonaia@� I Web: www.carolinamountaincedarhomes.com SaarRoreRrrnaorLaA]eDlRrmxaruauDwa]eRYwnrwAree+REo I c AND GL'M9COR=DM MHREOS1THx O•DFEDS O^FTfJI, III r—��•_"`^"•'�tS��� Y _ mm WATERSHEDADHDSSMATOR JAAES W. GRADY � JUL 10 SLAM OPNORM GTY RMNA, COUNOPJAWBON 150,1�' 1 CASHIERS Rar<DREDorro ealslGTDSQJDRN W.JURSs,PRDRTe31aNAL LAND tVRVHYOR,A/A]MH CppTI'OFRrAfRSAR86RTGd9 �,�.8 1 U TONS CDM1E0 r. TMSMBTRIOQ],i WASIRSSBNim FOR REmS1RAR0NAND ReCDRDeDo/ NT5' FLa11.M' R, LY9eE _� ___ ____ JNO SCALE KATG87leT Ai SLA]S .MA DAYOR ! ' L AP Y MA I 1 QUALIK9 .-�. AT ouoGc M. A.D.,ATER . \35Q0 --!.^ - -,. 7 N �------_ ti - - - ------ '--__ aeatteR OF DEEDS 31e0 -------^-^ _ - - - - __ ---_--- __ ...a ��—�� 5530 EL•3333.lr SPRING HEAD? -----------,._ -- ____ _______ ` � ALLW3Y I II 2.35 ACRES \1 r J y l %% 91 % TOTAL pl/ JAIM W. GRADY 7i mastair M",Rw AN, •N, L ms I CHURCH `, N!i % FLINTILY / m \ ALLWNWILDER.JR. %% TRUSTEE 1114-"3, CAB.I4SLA33 THA331STD4YOPJULY. PROFESSIONAL LAND SURVEYOR L•3757 S7ATEOFMOMW CAROL/e/A COUNTYOFJACRSON L REVIEWOFFCER OFJACKSON COUNTY CERTIFYTHAr TNEPLATM WHICH THIS CERTIFICATION 13AFFIXEDMEEM ALL 37ATUTORYREOUIREME7TJ FOR RECORDING. REVIEW OFFICER DATE I I rySA,,r, " I FLxoSa• �� rD.DExrvrnls Y z 1. PROPERTY SUBJECTTO ALL RIGHT OF WAYS, EASEMENTS, RESTRICTIONS AND AGREEMENTS OFRECORO OR THAT EXIST ON THE GROUND 2 AREA SYCOORDIMATECOMPUTATION 11ET/IOD. J. GRID MONUMENTS USED 'CASHIERS• d'CARRIAGE' v"oR0[S l ELEVATION USED t50A.0'FINISHED FLOOR AS SHOWN ON PLATSY Q DAVID BRYSON. MAP NO.01.14,03r. eaauer aREVISED 01115107, TO SHOWPRELIMWARYSTAAEOUr OF SLDGS. S. REVISED 07131107, TO SHOW ADDITIONAL TOPO SHOTS. LOCATION SURVEY PREPARED FOR GRACE CHRISTIAN CHURCH, INC. 2.36 ACRES, TRACTS A,B,&C 920-261 S 264 CASHIERS TOWNSHIP, JACKSON COUNTY, N.C. JULY 7, 2006, REVISED 07/31/07 CORNERSTONE SURVEYING, P.C. P.O. BOX 2245 SYLVA, N.C. 28779 828/586-6782 EL•NM3]' ,. M ,u t \ 31 1 I I % VALLEYPROPERTIES l \ x \ " m \ % xv var 3% dNED % N84'127r-W 170 — e - • 1 ,30 7 >L I� '�mviow Avg - — 3512v95f= =;;�' 4' mv I Ii o,- I fw 1-to 11.44-0 5f- -�UTua "F - C �ctis�'c� Ls"cm `lam, 4 � 4 1 r '`° �• TOW T �. v OLT - v 1 " - 9 E - t4�� G;ll�twS�J=- \, , ,• :,-,�, . - .,^ ,�a. '... ,1 .: \ > .� a 490-636 .>.�,`."�., 335 TOTALpp �35o3.ea,rv333 MG NAIL _r 332 1 /35 327 330 354— \ ! — t. 329 - / / - —356 , 3311 328 - / �! 353 TRACT A Q \_ r. rLLL +-tub' c.._ 4 !// 363 — 360 c EL350? 359 3" I� pp ^� J^`--^;.__ PMR 358 SHED 144 FL:3500.53' 6D, 1'P1PE E 33%4 ' 179,82' ---__ ALLISON WILDER, JR, TRUSTEE 1114-303; CAB,14-SL433 " -111 6 1 .► r n' , WILE - EL:3496b3 3 0 3 6 . . FD. BENT 3/4'PIPE NOTES; 2104.57' 1. -PROPERTY- SUBJECT TO X- RIGHT OF :WAYS; EASEMENTS; RESTRICTIONS AND AGREEMENTS OF RECORD OR THAT- EXIST ON THE GROUND. . 2. AREA BY COORDINATE COMPUTATION METHOD, 3. GRID MONUMENTS USED 'CASHIERS' & ..'CARRIAGE' - 4, ELEVATION. USED 3504.0' FINISHED FLOOR AS SHOWN ON PLAT BY DAVID BRYSON, MAP NO, 87=14-903T, ' . - 5. REVISED 01/16/07) TO .SHOW PRELIMINARY STAKEOUT: nF BLDGS.. ° 3 loAerrt 46i 5' HOLE LOCATION' SURVEY - nnrnAnrn rnn - - T 1951C,. U6'V.' i r ' JAMES 'W, GRADY 960-579 I, JOHN V, JURSS, CERTIFY THAT THIS PLAT WAS DRAWN FROM AN ACTUAL SURVEY MADE UNDER MY SUPERVISION. THAT THE SURVEY --IS A RECOMBINATIONOF TWO EXISTING - 'PARCELS OF LAND RECORDED IN DEED BOOK .920, PAGES 261&, 264, THAT THE SURVEY IS LOCATED IN A PORTION OF A COUNTY THAT IS UNREGULATED AS TO AN ORDINANCE THAT REGULATES PARCELS OF LAND. THAT THE RATIO OF PRECISION AS CALCULATED IS 1 : 18,444; THAT THIS PLAT WAS PREPARED IN ACCORDANCE WITH G,S, .47-30 AS AMENDED, WITNESS . MY ORIGINAL SIGNATURE, LICENSE NUMBER AND SEAL THIS 16TH DAY OF JANUARY, 2007, WILS®NAf NCH ITECT October 29, 2009 Ms. Linda Wiggs DENR 2090 U.S. 70 Highway Swannanoa, NC 28778 Re:Wo.ae Community Church, Cashiers, Iv'C Dear Linda: ff�:"R7:'fJ4:.rYX:'.K::+?: !+c".H'n'I�:�-.a.�1...�.,�• .,.. .y+v ... .- 11 n E 0CT 3 0 2009 $ WATER QUALITY SECTION ?' ASHEVILLE REGIONAL OFFICE Thank you for your response and the time you have spent on our behalf. I have enclosed the items that we discussed. First, I included your email response to Victor Lofquist of May 5, 2009. I enclosed excerpts from the soils report that BLE did on the site a couple of years ago. Understand that the intent at that time was to build a much larger facility shown on the survey document which I also enclosed. That Project was considerably larger than the one currently proposed and would have required an extremely expensive installation for storm water control. For that reason the Project was abandoned. Eleven test holes were drilled and analyzed. At the time we were more interested in the subsurface conditions further to the rear of the property (see survey), but I feel that we have enough information to proceed with design, given that we will be positioning the structure closer to the front of the site where we had about four test holes. The enclosed data should give you a good idea of the composition of the soils that we are dealing with. When the scope of the Project was reduced, it was the intent of the church to remodel the existing building and build an addition on the North side of the building into the existing paved parking area. It is that addition that is illustrated in the sketch site plan (dated 10- 29-09) that I also enclosed. Please note the existing paving and the proposed. Since then we have determined that it would not be feasible to utilize the exact existing footprint for two reasons: 1. In order to achieve the additional Sanctuary space and gain the other additional spaces in the addition, only 4 of the existing walls of the church could be salvaged. 215 Pheasant Run I Hendersonville, NC 28739 1828.693.1883 1 E-mail: dpwilsonaia@mchsi.com I Web: www.carolinamountaincedarhomes.com s, 0CT 3 0 2009 i Y ' � t., WATER QUALITY SECTION i ASHEVILLE REGIONAL OFFICE n 2. The existing building was originally a furniture store, and not designed for the type of floor loading necessary for a church. As there were several additions along the way as a furniture store, the structural integrity of most of the building is tenuous at best, and not sufficient to warrant the expenditure of salvaging the original foundation. We are also not certain that the building is in conformity with current building setback lines along Highway 107. To date I have not been able to contact the Highway Commission. My best guess is that we are, however. Given all of the above we would like to remove the existing structure(s), and proceed with the design of a new facility that may consolidate both buildings into one. This will necessitate our moving the building to a more beneficial location to accommodate ingress, egress and sight lines. From your email and our conversation I am under the impression that we can proceed providing that our total impervious area does not exceed what is there now. It is our intent to comply with this requirement, by increasing the area of the existing facility, while reducing the area of the current paving. I left our conversation with the following additional understandings: 1. We will not install curbs and gutters in the new paved area to facilitate surface drainage. 2. There is an existing ditch along 107. I failed to mention that there is an additional ditch on the east side of the site into which the 18" existing CMP drains from beneath the paved area, and spills into the other ditch on 107. Both of those will remain as grassy ditches, with no culverts except beneath the driveway. 3. Downspouts will be directed onto surface landscaped areas. It would be very helpful if you would write me a letter confirming all of this as well as list those issues (such as above) to which we must conform. If you and/or Susan Wilson would like to meet me on the site, please let me know, and I will be happy to meet with you. Again thank you for your time and effort in our behalf. Donald P. Wilson, YA, Architect Cc: Steve Doerter and Dan Smith by email Enc: copy of email dated 5-5-09; 4 pages from the BLE soils report; partial survey; two plans dated 10-29-09 showing paving and additions 6 GRACE COMMI.INIi'1� CASHIERS, nl C WILSON ARCHITECT HONDURS014VILLE� NG o 0I PvINO . % �-3342 340 —'f 1 / 352 338 Al 36' WLE • ,� oC 1 1 1 t �. 348 1 1 t t E5b3 r 7 ACRES 325 .TOTAL /��, 334 � t � �_ - . VALLEY PROM PP 335 I\ t\ \\ 49C pp NAG NAIL �333 332 1 \ 327 ! 330 ' �/ 1 354 / 355 t 326 (331 328 _ . 329 /l — TRACT T' /356 ; TRACT 'A' _ / 353 ME 363 360 ELTMT '///: KAEL 359 357 i`t i • // PPX ^ 144 A. PMR ME 358 FD T pjpp F ALLISON WILDER, JR. TRUSTEE 1114-303; CAB,14-SL.433 NERII PULE EL:M 63 FA BENT 3/4`PIPE 3FEE, - P I04.51' NOTES. 0 3 PANT PROPERTY AGRffNTBn�T�nRGHT OF WAYSANDMFcRn p;-EAEMENS,TRESTRICTIONS -0, azfw FD. 3/4PIPE @ 195.14', 026V JAMES V. GRADY J 960-579 POINT ELW44, WL G . ARN V JURSS, CERTIFY THAT THIS PLAT VAS DRAI UNDER My SUPERVISION THE SURVEY IS, A REQ .'PARCELS OF LAND RECORDED DED, INDEED 1 WA TFD TKI A nnnTTrIL,• 920, PAFF 285 TRACT 42- 4> t. AN ACTUAL SURVEY MADE OF TWO EXISTING %A TUAT Tim tm—i— a I .01 Nb 1 GRACE Nli CASH ISRS I W, C t R •-� - -- �iJIL�oN��►RGHITE�T . L NGNDrrFtSONYI L.,L� � �C 9 l S F a*0 SEv Q,g�y1N�x ' RUE.. _ Report of Geotechnical Exploration August 4, 2008 Grace Community Church BLE Project No J08-6015-01 Cashiers, North Carolina -- 1.0 EXECUTIVE SUMMARY This summary is presented for the convenience of the reader. The full report text should be studied and understood before preparing any estimation of quantities or designs based on this report. We understand that two new church buildings are proposed. The new buildings will be located to the rear of the existing church building on North Carolina Route 107 in Cashiers, North Carolina. Figure 1 in the Appendix, shows a preliminary site plan with the proposed locations of the new buildings on the property. The new buildings will be: (1) a new sanctuary building, and (2) a new fellowship hall. The sanctuary building has a proposed footprint of about 12,600 square feet with a crawl space, while the fellowship hall will have a footprint of about 5,200 square feet using a slab -on -grade. You have told us that the expected structural loading for the buildings will be column loads with a maximum of 75 kips and wall loads of 7.5 kips per linear foot. The geotechnical exploration consisted of eleven (11) soil test borings. We encountered alluvial (water -deposited) silty sand soils generally with a loose relative density/consistency. Water was encountered in eight of the eleven borings at depths generally between 6 and 10 feet. Auger refusal was encountered in seven of the eleven borings. Auger refusal may be the result of boulders that are "floating" within the alluvial soil or intact rock or partially weathered rock. Due to the relatively high ground water (and we note our observations were made during a relatively dry period) and loose sandy soils, we believe the site has potential for liquefaction during an earthquake. The loose alluvial soil is not suitable for direct support of foundations without the risk of excessive settlement. We recommend ground improvement be performed in the building areas prior to foundation construction. We believe the installation of densified aggregate piers would ® be cost-effective and provide the nedded improvement. Conventional spread footings could be used thereafter, bearing on the improved ground. Recommendations for light, standard, and heavy duty pavements are also included in this report. 1 ®C L IE. Report of Geotechnical Exploration August 4, 2008 Grace Community Church BLE Project No J08-6015-01 Cashiers, North Carolina 2.0 PROJECT INFORMATION We understand that two new church buildings are proposed. The new buildings will be located to the rear of the existing church building on North Carolina Route 107 in Cashiers, North Carolina. Figure 1 in the Appendix, shows a preliminary site plan with the proposed locations of the new buildings. on the property. The new buildings will be: (1) a new sanctuary building, and (2) a new fellowship hall. The sanctuary building has a proposed footprint of about 12,600 square feet with a crawl space, while the fellowship hall will have a footprint of about 5,200 square feet using a slab -on -grade. You have told us the expected structural loading for the buildings will be column loads with a maximum of 75 kips and wall loads of 7.5 kips per linear foot. However, we have not been provided information about proposed traffic loading for the pavement system. 3.0 AREA GEOLOGY The project site is in the Blue Ridge physiographic province of North Carolina. The bedrock in this region is a complex crystalline formation that has been faulted and contorted by past tectonic movements. The rock has weathered to residual soils. These residual soils form the mantle for the hillsides and hilltops. The typical residual soil profile in areas disturbed by erosion or the activities of humans consists of clayey soils near the surface where weathering is more advanced, underlain by sandy silts and silty sands. The boundary between soil and rock is not sharply defined, and there is often a transitional zone termed partially weathered rock (PWR) overlying the parent bedrock. For engineering purposes PWR is defined as residual material with standard penetration resistances in excess of 100 blows per foot (bpf). Weathering is facilitated by fractures, joints, and the presence of less resistant rock types. Consequently, the profile of the partially weathered rock and hard rock is often quite irregular and erratic, even over short distances. Moreover, it is not unusual to encounter lenses and boulders of hard rock and/or zones of PWR within the soil mantle well above the general bedrock level. The site area is in a valley where alluvial soils have been deposited. The upper soils along. drainage features and in flood plain areas are often water -deposited (alluvial) materials that have been eroded and washed down from adjacent higher ground. These alluvial soils are usually soft and compressible, having never been consolidated by pressures in excess of their present overburden. Alluvial soils in the mountainous areas of western North Carolina are predominantly sands and often include cobble and boulder layers overlying the residual materials. RUE. Report of Geotechnical Exploration August 4, 2008 Grace Community Church BLEProject No J08-6015-01 Cashiers, North Carolina 4.0 SITE & SUBSURFACE CONDITIONS 4.1 Site Description The site is located northeast of State Route 107, about one -quarter mile north of the intersection of SR 107 and US Highway 64 in Cashiers, North Carolina. Currently the site is relatively open with the existing church building, a temporary building, and parking lots. Sloping hillsides surround the site on the west, north, and east. An intermittent stream is currently piped under the parking lot at the rear of the existing building, from north to south. This stream and piped section Gross the proposed site of the new sanctuary building. 4.2 Field Exploration Eleven (11) exploratory borings were drilled to evaluate subsurface conditions at the site. Boring B-1 was planned but not drilled because of the proximity to Highway 107, and potential, unmarked utilities along its right-of-way. Three of the eleven borings were drilled in parking lot areas. The other eight borings were drilled near the proposed footprint of the new buildings. The borings were laid out on the site by BLE using a boring location plan provided by Mr. Don Wilson, AIA. The boring locations shown on the Site and Boring Location Plan, Figure 1, in the Appendix should be considered approximate. Boring depths are relative to the ground surface at the boring location. The eleven borings were advanced with a hollow stem auger to a specified termination depth or to auger -refusal using a truck -mounted drill rig. Split -spoon Sampling and Standard Penetration Testing (SPT) was performed on 2'/2-foot centers in the upper ten feet of each boring and on five- foot centers below a depth of ten feet in general accordance with ASTM D 1586. On completion of drilling, the borings were monitored for the presence of water and then closed by backfilling with auger cuttings. Asphalt pavements were then patched. The recovered soil specimens were visually classified and logged by the geotechnical engineer. Descriptions of the materials encountered in the borings and other conditions are included on the test boring records in the Appendix. 4.3 Subsurface Conditions At the ground surface, we encountered with a flexible pavement system (i.e., asphalt & crushed stone) or a thin layer of topsoil. Below these surficial materials, we encountered silty sand soils that were alluvial in origin. The alluvial soils generally had a loose relative density/consistency N ®SLIE . Report of Geotechnical Exploration Grace Community Church Cashiers, North Carolina August 4, 2008 BLE Project No J08-6015-01 with blow counts from the standard penetration test (SPT) generally less than 10 blows per foot (bpf). Some very loose and firm sandy alluvial soils were also encountered. In addition, within borings B-3, B-4, B-7, B-8, B-9, and B-12, the upper interval of alluvial soils had a relatively high organic content. We believe we encountered residual soils at a depth of six feet at boring B-10. Residual soils, unlike alluvial soils, are formed in -place from the weathering of the parent rock. The residual soil at boring B-10 had a standard penetration resistance of 21 blows per foot. 4.4 Ground Water Levels Water was encountered in eight of the eleven borings within the alluvial soil at depths generally between 6 and 10 feet. Fluctuations in water levels of several feet occur seasonally. Moreover; perched water is often encountered in the soil and PWR just above rock and in weathered fractures within the rock. We note that our soil test borings were drilled during a relatively dry period, when water levels would be expected to be lower than normal. 4.5 Rock Auger refusal was encountered at seven of the eleven borings (B-6 through B-12). Auger refusal at this site may result from boulders "floating" within the alluvial soil, PWR or lenses, ledges or layers of relatively hard rock underlain by residual soil. Refusal may also represent the upper surface of relatively -continuous bedrock. Shallow refusals (i.e., at depths less than five feet) were encountered only in borings B-9 and B-11. Based on this, we believe it unlikely that intact rock will be encountered in the shallow excavations expected for this project, except near the toe of the existing hillsides. 4.6 Potential Liquefaction While we have not conducted a detailed analysis, we believe the combination of loose sandy soils and relatively high ground water levels at the site indicates a potential for soil liquefaction during an earthquake event. We are available to perform a more detailed analysis of this upon request. 4 MARCH 13, 2012 PUBLIC NOTICE NO. 2012-5ML MAR 2 1 20i2 I. NOTICE OF APPLICATION OR A_._NATIONAL POLL ANT- DISCHARGE ELIMINATION SYSTEM PERMI T £HA'RGESTREATED! WASTEWATER INTO WATERS OF THE STATE OE G 174= NPDES permits are valid for a maximum of five years. Prior to expiration of an existing permit, a new application must be submitted and evaluated. An antidegradation review process is conducted as applicable for new or expanded point source discharges that are proposed. An alternative analysis comparing the proposed discharge alternative to a "no discharge" land application or urban reuse alternative is conducted. In all cases,' existing instream water uses and the level of water quality necessary to protect the existing use is maintained and protected. All municipalities must be in compliance with the Georgia Department of Community Affairs (DCA) Service Delivery Strategy in order to receive a permit. Having reviewed such applications, the Environmental Protection Division (EPD) is considering the issuance of NPDES permits to the following applicants, subject to specific pollutant limitations and special conditions. NPDES PERMIT REISSUANCE HALL COUNTY 'City of Gainesville, NPDES Permit No. GA0021156, for.its reclamation facility located at 2641. Old Flowery'Branch Road in Gainesville. 12 MGD of treated wastewater is being discharged to Flat Creek tributary in the Chattahoochee River Basin. JASPER COUNTY Kentucky — Tennessee Clay Company, 3597 Deepstep Road, Sandersville, Georgia 31082, NPDES Permit No. GA0003191, for its facility located on 1879 Feldspar Road, Monticello, Georgia. The facility generates wastewater from a surface mining operation. One existing discharge enters Falling Creek in the Oconee River Basin. LIBERTY COUNTY City of Hinesville, 115 East M.L. King Jr. Drive, Hinesville, Georgia 31313, NPDES Permit No. GA0038792, for its water reclamation facility located at 623 JV Road in Hinesville. Approximately 2.0 MGD of wastewater is provided to urban reuse customers and up to 4.0 MGD is discharged as a hydrograph controlled release to Peacock Creek tributary to the North Newport River in the Ogeechee River Basin. PICKENS COUNTY Blue Ridge Marble & Granite Company, LLC., P.O. Box .9, N_ elson, Georgia 30151, NPDES Permit No: GA0000485, for its facility located. at 352 Blue Ridge -Avenue in Nelson. One existing discharge of treated process wastewater enters Lake No..1; a tributary to Spence Creek in the Coosa River Basin. 1(�A, MARCH 13, 2012 PUBLIC NOTICE GEORGIA DEPARTMENT OF NATURAL RESOURCES ENVIRONMENTAL PROTECTION DIVISION IND JACKSON COUNTY Bmjuakxj-Meta7nishing, Post Office Box 190, Maysville, Georgia 30558, Permit No. GAP050279, for its facility located at 9111 Maysville Road in Maysville. Approximately 0.001 MGD of pretreated wastewater is discharged to the City of Maysville wastewater treatment plant in the Oconee River Basin. INDUSTRIAL PRETREATMENT REISSUANCE RAB.0 NNJG.@,U, YN, TRY'► The A.I.D. COMPANY, P.O. Box 685, Clayton, Georgia 30525 for•its pretreatment facility located at 250 Laurel Heights Drive in Clayton, Georgia. Approximately 1500 GPD of pretreated process wastewater is discharged to the City of Clayton Wastewater Treatment Plant. Permit No. GAP050077 lists the specific pollutant limitations and special conditions for the discharge. SLUDGE MANAGEMENT PLAN MODIFICATION WALTON 'COUNTY City of Loganville, Post Office' Box 39, Loganville, Georgia: 30052 for approval of a Sludge Management Plan: Modification of NPDES Permit No. GA0020788, to apply stabilized sewage sludge from the City of Loganville Water Reclamation Facility as two additional agricultural sites of approximately 164usable acres owned by John H. Barbour in Walton County. Site A -107 usable acres, located at 3920 Bold Springs Road on east side. Site B - 57 usable acres located at 3920 Bold Springs Road on west side. 2 MARCH 13, 2012 PUBLIC NOTICE GEORGIA DEPARTMENT OF NATURAL RESOURCES ENVIRONMENTAL PROTECTION DIVISION II. NOTICE OF APPLICATION FOR A LAND APPLICATION SYSTEM PERMIT Land Application System (LAS) permits are valid for a maximum of five years. Prior to expiration of an existing permit, a new application must be submitted'and evaluated. Ali municipalities must be in compliance with the Georgia Department of Community Affairs (DCA) Service Delivery Strategy in order to receive a permit. Having reviewed such applications, the. Environmental Protection Division (EPD) is considering the issuance of LAS permits to the following applicants, subject to specific pollutant limitations and special conditions. LAS PERMIT REISSUANCE EMANUEL- COUNTY Crider, Inc., Post Office Box 398, Stillmore, Georgia 30464, LAS Permit No. GAJ010300, for its land application system located at 1 Plant Avenue, Stillmore (Emanuel and Candler Counties). Approximately 1.7 MGD of , poultry process wastewater is land applied. in the Altamaha and Ogeechee River Basins. Persons wishing to comment upon or object to the proposed determinations are invited to submit same in writing to the EPD address below or via e-mail at EPDcomments (ED-drinstate.ga.us, no later than April 12, 2012. Please use the words "Public Notice No. 2012- 5ML" and the name of the subject facility that you are commenting on in .the .subject line to ensure that your comments will be forwarded to the correct staff. All comments received prior., to or on that. date will be considered in the formulation of final determinations regarding the application. In the case of.the permits which are on this notice for proposed modification, only those conditions subject to modification are open to public comment. A public hearing may be requested or additional information regarding public hearing procedures is available by writing the EPD at the address noted below. A fact sheet or copy of the draft permit is available by writing the Environmental Protection Division. The permit application, draft permit, comments received, and other information are available for review at 4220 International Parkway, Suite 101, Atlanta, Georgia 30354.. Documents are available for review between the hours of 8:00 a.m. and 4:30 p.m., Monday through Friday. For additional information contact: Jane Hendricks, Wastewater Regulatory Program, Phone (404) 362-2680. Please bring this notice to the attention of interested persons. Incident Report a Report Number: 201102265 Incident Type: Complaint On -Site Contact: Category: Surface Water First/Mid/Last Name: Incident Started: 09/27/2011 Company Name: County: Jackson Phone: City: Pager/Mobile Phone: / Farm #: Responsible Party: Owner: Permit: Facility: First Name: Middle Name: Last Name: Address City/State/Zip: Phone: Material Category: DD:MM:SS Latitude: Longitude: Location of Incident: Address: City/State/Zip Estimated Qty: UOM Decimal Reported By: First/Mid/Last Name: Jef Farrior Company Name: Address: Spm Resorts Sapphire Viv City/State/Zip: Phone: Pager/Mobile Phone: / Chemical Name Reportable City. lbs. Reportable Qty. kgs. Position Method: Position Accuracy: Position Datum: 590 W. Christie Tr. , Sapphire resorts Report. Created 11/07/11 05:32 PM Page I Cause/Observation: they want to remove sediment from a trib that runs by their house and down into Hog Back Lake Action Taken: Incident Questions: Directions: Comments: sent e-mail to involved parties stating how they could manually clean out sediment - no equipment and no lowering of lake levels Did the Material reach the Surface Water? Unknown Conveyance: Surface Water Name? Did the Spill result in a Fish Kill? Unknown Estimated Number of fish? If the Spill was from a storage tank indicate type. (Above Ground or Under Ground) Containment? Unknown Cleanup Complete? Unknown Water Supply Wells within 1500ft : Unknown Groundwater Impacted : Unknown Event Type Other type of Response Report Entered Inspection or Site Visit Conducted Report Received Event Date Due Date 2011-11-07 12:05:00 2011-10-31 01:40:00 2011-09-28 03:40:00 2011-09-27 09:20:00 Comment e-mailed them re. response and h site visit w/Jef Farrior, Mark Wirsc Report Created 11/07/11 05:32 PM Page 2 Referred to Regional Office - Primary Contact 2011-09-27 09:20:00 Incident Start 2011-09-27 09:19:00 Standard Agencies Notified: Agency Name Phone First Name M.I. Last Name Contact Date Other Agencies Notified: Agency Name Phone First Name M.I. Last Name Contact Date DWQ Information: Report Taken By: Report Entered By: Regional Contact: Susan A Wilson Susan A Wilson Susan A Wilson Phone: Date/Time: 2011-09-27 09:20:00 AM 2011-10-31 01:40:00:PM 2011-09-27 09:20:00 AM Referred Via: Phone Phone Did DWQ request an additional written report? If yes, What additional information is needed? Report Created 11/07/11 05:32 PM Page 3 Wilson, Susan A From: Wilson, Susan A Sent: Monday, November 07, 2011 12:15 PM To: 'james wir@yahoo.com'; 'mwirsching@hotmail.com' Cc: 'jfarrior@spmresorts. com'; 'vadj ug reen @frontier. com'; 'jennifer.gainey@spmresorts.com' Subject: Cleaning out sediment - trib to Hog back Lake - Jackson Co. Mr. Wirsching— After visiting your home and having some discussions about your site — DWQ would not recommend that the lake level be lowered for purposes of cleaning out the sediment in the stream that runs adjacent to your house. It's a high hazard dam — so unless work needs to be done on the dam, or the entire homeowners association is in agreement — it's just not something DWQ would recommend for your purposes. However, the homeowners association at some time should investigate how water is released from the,dam (does it have a valved outlet? Is it released from the bottom of the lake —where the potential forgetting sediment downstream is very high?). I'd also want the Homeowners Assocation to consult with dam safety prior to lowering the lake level at any time. I think the best "solution for you to clean out the sediment from the stream near your house is: 1) to use some temporary sandbags and/or hay bales as small coffer dams and divert as much water around the area of sediment to be removed, 2) Use appx. 6 inch flexible plastic pipe to divert the water (or a size that may divert as much water as you can) 3) I'd recommend working in small sections starting near the top area of where you'd like to remove sediment 4) The removed sediment should be placed greater than.25 ft from top of streambank — and should be stabilized (so not to runoff and back into the lake); you can create a small stockpiled area with sediment fencing around it — and then straw/seed. You should minimize any impacts to the trout buffer (which is supposed to be a vegetative, undisturbed buffer of 25 ft from top of stream bank) 5) All work must be done manually —.no heavy equipment. 6) Do not dig below the substrate — remove only the sediment; the substrate is natural rocky/pebble material which is beneficial to aquatic life Cleaning up the sediment in the cove area I imagine will be the most difficult. I don't recommend going out too far in the cove —just enough to allow boat access. Just do the best you can divert the water there (and create as little turbidity in the lake water as possible). Turbidity is the concern when doing this type of work, especially during the trout moratorium months, which run through April 15'h. I'll let our Wildlife Resources Commission contact know you're going to do this work in case they get any complaints. It's always a good idea to let the neighbors know what you're doing and why. There are some environmental consultants that use vacuum trucks to remove sediment — but that may be very costly and I'm not sure with the slope and distance to the stream if that would even be a possibility. (and I have heard of vacuum "packs" — but likely that would also be very expensive). Just let me know when you begin the work. This is the best solution I can think of without lowering the lake level significantly. Also, from Jackson County GIS — I could not tell if you owned all of the area of the stream (looks like Fairfield Sapphire Valley Master Association owns a portion?). You folks will need to work that out, if so. I hope this helps — it will be a lot of manual labor. Call me if you have further questions. Susan Susan A. Wilson - Susan.A.Wilson@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 Swannanoa, 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. 0 ZoS Wilson, Susan A 6,=j From: Jef Farrior Ufarrior@spmresorts.com] .Sent: Friday, October 28, 2011 11:37 AM C ��— To: Wilson, Susan A Cc: 'WALTER GREEN'; 'Jennifer Gainey' Subject: FW: UPDATE ... FW: Appointment set for tomorrow afternoon ... FW: Fw: hogback lake request Susan, Please see below for e-mail from Mr. Wirsching to Walt Green, President of Sapphire Valley Master Association, and my reply to Walt Green and my boss, Jennifer Gainey, summarizing the meeting I had with you and the outcome. Thanks for all your help and if you would "cc" me and Jennifer Gainey and Walt Green after your conversation with Mr. Wirsching, I would be most appreciative. E-mail addresses are: iames wir@vahoo.com (underline between james and wir) mwirsching@hotmail.com vadiugreen@frontier.com iennifer.gainey@spmresorts.com ifarrior@spmresorts.com Susan, we appreciate your help. Jef Farrior SPM Resorts Sapphire, NC 828-743-7667 Cc Walt Green, President of SVMA Jennifer Gainey, SPM Resorts James Wirsching Mark Wirsching Walt Green Jennifer Gainey Jef Farrior From: Jef Farrior [mailto:jfarrior@spmresorts.com] Sent: Thursday, September 29, 2011 9:45 AM To: 'WALTER GREEN' Cc: 'Jennifer Gainey' Subject: RE: Appointment set for tomorrow afternoon ... FW: Fw: hogback lake request Walt, Susan Wilson with the Department of Environmental Resources and I met with Mark Wirsching yesterday at the Wirsching home in Hogback Lake. Susan was very professional but was pretty adamant that the lake did NOT need to be lowered for the Wirschings to remove the silt build-up. There is a stream on the Wirsching property that brings the silt down to the lake and she explained to Mark Wirsching that the stream would continue to bring silt and this was a natural occurrence. Susan said she did not think the lake needed to be lowered. She said Hogback Lake is a "trout lake" and is protected. If the MA decides to lower the lake, she said it could NOT be done during spawning season (October — May). Mark said that the 1 lake was lowered 2-3 years ago and Susan's response was that her department had not been notified at that time as far as she was aware. Susan said she would get back to Mark Wirsching with any suggestions she may come up with on the removal of silt without disturbing the trout beds and without lowering the lake. Jim Wirsching, father of Mark, was out of town. Jef 'From To: 'WALTER GREEN' Cc: 'Jennifer Gainey' Sent: Tuesday, September 27, 2011 3:26 PM Subject: Appointment set for tomorrow afternoon ... FW: Fw: hogback lake request Walt, I am meeting Susan Wilson with the Department of Environmental Resources tomorrow afternoon (exact time uncertain) to see what repairs Mr. Wirsching wants to do and to see if any county / state permission needs to be given. I have spoken with Mr. Wirsching and invited him to join us. Mr. Wirsching said he has a lake -front home on an inlet and there is no lake access from his property due to the build-up of the silt. He wants permission to remove the silt just as he did three (3) years ago. If you have any interest, I would be happy to have you and/or Jennifer join me. Thanks. Jef Cc Jennifer > Date: Thu, 22 Sep 2011 00:58:49 -0700 > From: James wir@yahoo.com > Subject: hogback lake request > To: wgreenl531@earthlink.net > CC: mwirschinjz@hotmail.com > Dear Walt; > I respectfully request the SVMA board to drawdown the level of Little Hogback Lake, by 7 feet, for a period of 5 to 7 days during the month of November[in advance of the Thanksgiving weekend] to allow for the removal of accumulated silt and embankment repair on my lakeside property. > All work below the normal water level will be done by labor. The silt removed will not re -deposited along the embankment. It will be transported a safe distance away from the lake and contained. > I would suggest that the board broadcast in advance the scheduled drawdown dates to all of the Hogback Estates residents in case any of my neighbors may wish to do repairs on their docks during this time. > Reply requested. > I will be in residence only from 20 October to 30 November. > Thank you for your consideration. > Sincerely 2 > Jim Wirsching > 590 W Christy Trail > 828 743 9578 0�)N� .9 Incident Report to Report Number: 201101859 Incident Type: Other On -Site Contact: Category: Incident First/Mid/Last Name: lnr_irlpnf Startpd- 07i19/9nil County: Jackson City: Farm #: Responsible Party: Owner: Permit: Facility: First Name: Middle Name: Last Name: Address City/State/Zip: Phone: Material Category: DD:MM:SS Estimated Qty: UOM Decimal Company Name: Phone: Pager/Mobile Phone: / Reported By: First/Mid/Last Name: Terry Wiler Company Name: Address: City/State/Zip: Phone: (407)719-3540 Pager/Mobile Phone: / Chemical Name Position Method: Latitude: Position Accuracy: Longitude: Position Datum: Location of Incident: behind/nr 3025 N. Hwy 107, appx. 3 miles N. of Cashiers on right Address: City/State/Zip Reportable Qty. lbs. Reportable City. kgs. Report Created 09/02/11 04:20 PM Page 1 Cause/Observation: has one in -line pond, one off-line pond. Wanted to clean in -line pond and reroute stream. Action Taken: Robby Shelton (Jax Co) and SAW met Mr. Wiler on -site 7/20/2011. Talked him out of rerouting stream. Wants to 'clean out' in -line pond (much of which is wetlands now). Got him in touch with ACOE - likely will need 404. Incident Questions: Directions: see above Comments: Did the Material reach the Surface Water? Unknown Conveyance: Surface Water Name? Did the Spill result in a Fish Kill? Unknown Estimated Number of fish? If the Spill was from a storage tank indicate type. Containment? Unknown Cleanup Complete? Unknown Water Supply Wells within 1500ft : Unknown (Above Ground or Under Ground) Groundwater Impacted : Unknown Event Type Event Date Due Date Comment Incident closed 2011-09-02 04:30:00 USACOE did site visit - Mr. Wiler Report Entered 2011-09-02 04:17:00 Referred to Regional Office - Primary Contact 2011-07-12 10:18:00 Incident Start 2011-07-12 10:15:00 Report Created 09/02/11 04:20 PM Page 2 Report Received 2011-07-12 10:15:00 Standard Agencies Notified: Agency Name Phone First Name M.I. Other Agencies Notified: Agency Name Phone First Name M.I. DWQ Information: Report Taken By: Report Entered By: Susan A Wilson Susan A Wilson Last Name Contact Date Last Name Contact Date Regional Contact: Susan A Wilson Phone: Date/Time: 2011-07-12 10:15:00 AM 2011-09-02 04:17:00 PM 2011-07-12 10:18:00 AM Referred Via: Phone Phone Did DWQ request an additional written report? If yes, What additional information is needed? Report Created 09/02/11 04:20 PM Page 3 M Incident Report Report Number: 20.1101858 Incident Type: Complaint Category: Surface Water Incident Started: 06/01/2011 County: Jackson City: Farm #: Responsible Party: Owner: Permit: Facility: First Name: Middle Name: Last Name: Address City/State/Zip: Phone: Material Category: Estimated Qty: UOM On -Site Contact: First/Mid/Last Name: Company Name: Phone: Pager/Mobile Phone: / Reported By: First/Mid/Last Name: Company Name: Address: City/State/Zip: Phone: Pager/Mobile Phone: / Chemical Name Reportable Qty. lbs. Reportable Qty. kgs. DD:MM:SS Decimal Position Method: Latitude: Position Accuracy: Longitude: Position Datum: Location of Incident: nr Cashiers Paving (nr entrace to Toxaway Concrete) Address: City/State/Zip Report Created 09/02/11 04:00 PM Page t Cause/Observation: while investigating complaint re. Toxaway Concrete - found that Cashiers Paving had pushed ashphalUfill into small wetlands and tributary. Told them to remove it. Action Taken: worked with Steve Beasley to have Jimmy Barnham remove the fill. Incident Questions: Directions: off Hwy. 107 - take Toxaway concrete entrance, turn at first right, go up hill - Cashiers Paving on the right. Comments: Did the Material reach the Surface Water? Unknown Conveyance: Surface Water Name? Did the Spill result in a Fish Kill? Unknown Estimated Number of fish? If the Spill was from a storage tank indicate type. Containment? Unknown Cleanup Complete? Unknown (Above Ground or Under Ground) Water Supply Wells within 1500ft: Unknown Groundwater Impacted Event Type Event Date Due Date Report Entered 2011-09-02 03:57:00 Incident closed 2011-07-13 04:00:00 Referred to Regional Office - Primary Contact 2011-06-01 03:56:00 Report Received 2011-06-01 03:55:00 Unknown Comment photos from Steve Beasley/Jax Co Report Created 09/02/11 04:00 PM Page 2 Inspection or Site Visit Conducted Incident Start Standard Agencies Notified: Agency Name 2011-06-01 03:50:00 2011-06-01 03:45:00 Phone First Name M.I. Last Name Contact Date Other Agencies Notified: Agency Name Phone First Name M.I. Last Name Contact Date DWQ Information: Report Taken By: Report Entered By: Regional Contact: Susan A Wilson Susan A Wilson Susan A Wilson Phone: Date/Time: 2011-06-01 03:55:00 PM 2011-09-02 03:57:00 PM 2011-06-01 03:56:00 PM Referred Via: Voice mail Voice mail Did DWQ request an additional written report? If yes, What additional information is needed? Report Created 09/02/11 04:00 PM Page 3 Wilson, Susan A From: Gerald Green [geraldgreen@jacksonnc.org] Sent: Wednesday, January 26, 2011 11:26 AM To: Wilson, Susan A Subject: Cashiers Property Attachments: Old Post Office Site.pdf Susan, Attached is a quick sketch of the property in Cashiers that we discussed last week. The total site area is 1.17 acres, with two of the tracts being 0.1 acre and one being 0.2 acre.. The property has been partially developed, with tracts A and C having buildings on them. The building on tract C was constructed in 2006 and the building on tract A is the old Cashiers post office and was built 30 — 40 years ago. Tract B is currently undeveloped and a building is now proposed for this site. The property ownership is similar to a town home development. Each building owner owns the footprint of his/her building and a small maintenance area around the building. The common area, which consists of parking and open space, is owned and maintained by a property owners association composed of the owners of the tracts/building pads. Tract B previously was paved for parking but the pavement has been removed to prepare the property for construction of the proposed building. The question is how should the construction of tract B be handled for stormwater compliance. Would it be treated as a separate lot or would the entire property (1.17 acres) be considered a single development? Any guidance you can provide would be appreciated. Gerald Gerald Green AICP Planning Director Jackson County 401 Grindstaff Cove Road Sylva, NC 28779 828.631.2255 geraldgreen@jacksonnc.org C ommq,!q z\'t // -rL-4 z \Z Wilson, Susan A ®� Vae From: Boyer, Janet \ Sent: Friday, July 16, 2010 10:32 AM To: Wilson, Susan A Cc: Kucken, Darlene Subject: RE: Stream Manipulation Thanks. I asked Darlene to follow up with Robby. The local programs are not able to enforce trout buffer violations, so we may have to issue an NOV. Janet S. Boyer, P.E. - Janet.Boyer@ncdenr.gov North Carolina Dept. of Environment and Natural Resources Asheville Regional Office Division of Land Resources - Land Quality Section 2090 U.S. 70 Highway Swannanoa, 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. From: Wilson, Susan A Sent: Friday, July 16, 2010 9:54 AM To: Boyer, Janet Subject: RE: Stream Manipulation Janet — I'm going to pass this along to Robby to start off with (so he can set eyes on it and let me know what the deal is or send some pics). I'll let Mr. Dodson know that's the way we're proceeding to start with. Susan A. Wilson - Susan.A.Wilson@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 Swannanoa, 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. From: Edwards, Roger Sent: Thursday, July 15, 2010 5:30 PM To: Wilson, Susan A Cc: Boyer, Janet Subject: FW: Stream Manipulation Another Jackson County complaint. Please enter into BIMS and check with DLR. There could be trout buffer violations. Thanks, 1 A , 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 Swannanoa, 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. From: erdodsoni@catamount.wcu.edu[mailto:erdodson1@catamount.wcu.edu] Sent: Thursday, July 15, 2010 4:48 PM To: Edwards, Roger Subject: Stream Manipulation Mr. Edwards, My name is Eric Dodson and I currently live in Jackson County, NC, by Western Carolina University on Pressley Creek road. I have noticed my neighbor attempting to either dam or redivert Pressley Creek from its normal course. He has dug a number of culverts in and around the creek flood plain and has exposed a lot of soil along the stretch of the banks. There are not any silt fences nor is there a riparian zone. I was not sure who I should contact to see if this practice is allowed, as I do not think it should be tolerated. Look forward to hearing back from you and thanks in advance. -Eric � � Y Wilson, Susan A From: Boyer, Janet Sent: Friday, July 16, 2010 10:32 AM To: Wilson, Susan A Cc: Kucken, Darlene Subject: RE: Stream Manipulation Thanks. I asked Darlene to follow up with Robby. The local programs are not able to enforce trout buffer violations, so we may have to issue an NOV. � Janet S. Boyer, P.E. - Janet.Boyer@ncdenr.gov �, North Carolina Dept. of Environment and Natural Resources r� Asheville Regional Office Division of Land Resources - Land Quality Section 2090 U.S. 70 Highway Swannanoa, NC 28778 b`s` 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. From: Wilson, Susan A Sent: Friday, July 16, 2010 9:54 AM To: Boyer, Janet Subject: RE: Stream Manipulation Janet — I'm going to pass this along to Robby to start off with (so he can set eyes on it and let me know what the deal is or send some pics). I'll let Mr. Dodson know that's the way we're proceeding to start with. Susan A. Wilson - Susan.A.Wilson@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 Swannanoa, 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. From: Edwards, Roger Sent: Thursday, July 15, 2010 5:30 PM To: Wilson, Susan A Cc: Boyer, Janet Subject: FW: Stream Manipulation Another Jackson County complaint. Please enter into BIMS and check with DLR. There could be trout buffer violations. Thanks, 1 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 Swannanoa, 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. From: erdodsonl@catamount.wcu.edu [mailto:erdodsonl@catamount.wcu.edu] Sent: Thursday, July 15, 2010 4:48 PM To: Edwards, Roger Subject: Stream Manipulation Mr. Edwards, My name is Eric Dodson and I currently live in Jackson County, NC, by Western Carolina University on Pressley Creek road. I have noticed my neighbor attempting to either dam or redivert Pressley Creek from its normal course. He has dug a number of culverts in and around the creek flood plain and has exposed a lot of soil along the stretch of the banks. There are not any silt fences nor is there a riparian zone. I was not sure who I should contact to see if this practice is allowed, as I do not think it should be tolerated. Look forward to hearing back from you and thanks in advance. -Eric rJ Wilson, Susan A From: Dennis Desmond [DDesmond@ltit.org] Sent: Monday, January 04, 2010 11:04 AM To: Wilson, Susan A Cc: robertsheiton@jacksonnc.org Subject: RE: debris flow in Jackson County Susan Thank you for your reply and the information. Sorry for the delay in response, but I am just now back in the office from holiday vacation. We have been in contact with the neighboring landowner, and plan to meet with him at the site this week. He appears very willing to work with us and the landowner to correct the situation. So at this point, we wish to avoid any legal or regulatory action that would adversely impact his cooperation. Sincerely, Dennis Desmond, LTLT From: Wilson, Susan A [mailto:susan.a.wilson@ncdenr.gov] Sent: Wednesday, December 23, 2009 2:46 PM To: Dennis Desmond Subject: RE: debris flow in Jackson County Dennis, My first step will be to contact Robbie Shelton (as you've done already) and find out what action they are taking and whether I should do a site visit as well. I'll keep you posted — as Chuck said — we can step in if there is an adverse impact from sediment deposition that can be attributed to a specific entity. Turbidity is sometimes more difficult to assess unless it is happening when we are present and we can take samples. Thanks again for the information. Susan Susan A. Wilson - Susan.A.Wilson@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 Swannanoa, 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. From: Cranford, Chuck Sent: Monday, December 21, 2009 2:14 PM To: Dennis Desmond Cc: Wilson, Susan A Subject: RE: debris flow in Jackson County Hi Dennis: Thanks for bringing this to our attention. Robbie Shelton's visit should provide some additional information related to sediment and erosion control (E&SC) issues. Sediment to a stream is a violation of water quality standards and when significant can require cleanup. There are turbidity standards as well. DWQ staff are assigned to certain counties and Susan Wilson has Jackson. I've cc'd her, so you can expect return communication from her. Best Regards, Chuck Chuck Cranford - Chuck.Cranford@ncdenr.gov North Carolina Dept. of Environment and Natural Resources Asheville Regional Office Division of Water Quality - Surface Water Protection Section 2090 U.S. 70 Highway Swannanoa, NC 28778 Tel: 828-296-4500 Fax: 828-299-7043 E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Dennis Desmond [mailto:DDesmond@ltlt.org] Sent: Monday, December 21, 2009 11:58 AM To: Cranford, Chuck Cc: DDesmond@Itlt.org Subject: debris flow in Jackson County Chuck I got your name and contact info from the Little Tennessee Watershed Association office. I just left you a phone message. We hold a conservation easement on a 135-acre private property in Jackson County. Last week, on my annual monitoring visit, I discovered a very recent debris flow into the property from what appears to be a private road failure on the neighboring property above. The flow ends at the confluence with a first -order perennial stream that flows shortly thereafter into Tilley Creek. The stream itself has sediment in it, and the water was running turbid on the day of my visit —see attached photos. This morning I advised the Jackson County sediment and erosion control officer, Robbie Shelton, about the situation, and he has gone out to inspect the road on the neighbor's property. I would like to know what, if any, state laws apply to this situation, and what recommendations you have for us to address this situation. Sincerely, Dennis Desmond Land Stewardship Director The Land Trust for the Little Tennessee PO Box 1148, Franklin, NC 28744 North Carolina Department: of EhVW,'6lnment� and Division of Land, Resources Land (uality. Section James D. Simons, PG, PE Director and State Geologist May 21, 2010 Natural Resources Beverly Eaves Perdue, Governor Dee Freeman, Secretary NOTICE OF VIOLATIONS OF THE SEDIMENTATION POLLUTION CONTROL ACT CERTIFIED MAIL-7008 0150 0000 7473 2246 RETURN RECEIPT REQUESTED Tuckaseigee Water and Sewer Authority ATTN: Joe Cline 1246 West Main St NC 28779 rE E 2010 0 WATER QUALITY SECTION ASHEVILLE REGIONAL OFFICE Sylva, a r •�-..�� RE: Project Name: Rhodes Cove Sanitary Sewer Rehabilitation''.m.�u;:,_' Project ID: JACKS-2009-009 County: Jackson Compliance Deadline: June 30, 2010 or 30 days from receipt Dear Mr. Cline: On May 17, 2010, personnel of this office inspected a project located in the area of Sunrise Park and Cherry Street, in Sylva, Jackson County, North Carolina. This inspection was performed to determine compliance with the North Carolina Sedimentation Pollution Control Act (Act) of 1973. The inspection revealed a land -disturbing activity of approximately 6.7 acres being conducted. It is our understanding that you and/or your firm are responsible for this land -disturbing activity. The purpose of this letter is to inform you that this activity was found to be in violation of the Act, G.S. 113A-50 to 66, Title 15A, North •Carolina Administrative Code (NCAC), Chapter 4. If you feel that you are not responsible for the following violations, please notify this office immediately. The following violations correspond to those outlined on the attached Sedimentation Inspection Report. The violations that were found are: 2090 US Highway 70, Swannanoa, North Carolina, 28778-8211 Telephone 828-296-4500 Fax 828-299-7043 www:enr.state.nc.us An Equal Opportunity / Affirmative Action Employer None h•Carolina ttt�rall Nance ofViolations i uckas'eioee' Water and Sewer Authority — Robert.Cline May '2010 , Page 2 211 of 3 5b. Failure to conduct a land -disturbing activity in accordance with the approved erosion and sedimentation control plan. G.S. 113A-57(5). The sediment and erosion control, plait was approved for areas outside the trout buffer zone; approximately 995 feet have been disturbed within the 25 foot buffer zone. 5f. Failure to take all reasonable measures to protect all public and private property from damage by such land -disturbing activities. 15A NCAC 4S .0105. A buffer zone was not shown on the submitted plan; reasonable measures were not installed to prevent impacts to the buffers of unnamed tributaries to Cope Creek (Class C Trout). 5g. Failure to retain along designated trout waters a buffer zone 25 feet wide or of sufficient width to confine visible siltation by natural or artificial means within the 25 percent of that portion of the buffer zone nearest the land -disturbing activity, whichever is greater. G.S. 113A-57(1). Land disturbing activity occurred within the 25' buffer zone for approximately 995 feet of unnamed tributaries to Cope Creek (Class C Trout). 'To co"Ir1rect these' violations, you must: 1. Provide a plan'to restore the watercourses and remove sediment accumulations discharge from the land disturbing activity. The plan must be approved jointly by the Division of Water Quality and Division of Land Resources. The Department has directed that no variances be issued for impacts to trout buffers, in accordance with a ruling from the NC Court of Appeals. 2. Follow all specifications of the approved sediment erosion control plan. 3. Take all reasonable measures to assure sediment is retained on site. The violations cited herein may be referred to the Director of the Division of Land Resources (Director) for appropriate enforcement action, including civil penalty assessments for an initial one - day violation and/or a continuing violation. The penalty for an initial one -day violation may be assessed in an amount not to exceed $5,000.00. The Division of Land Resources is not required to provide a time period for compliance before assessing an initial penalty for the violations cited herein. Please be advised that a civil penalty may be assessed for the initial day of violations regardless of whether the violations are corrected within the time period set out below. In addition, if the violations cited herein are not corrected within 30 days of receipt of this notice or before June 30, 2010, whichever term is longer, this office may request that the Director take appropriate legal action against you for continuing violations pursuant -to NCGS 113A-61.1 and 113A-64. A penalty may be assessed from the date of the violation, pursuant to NCGS 113A- 64(a)(1), and for each day of a continuing violation in an amount not to exceed $5,000.00 per day. Please be advised that any new land -disturbing activity associated with this project should not begin until the area presently disturbed is brought into compliance with the Act. When corrective actions are complete, you should notify this office so that work can be inspected. You should not assume that the project is in compliance with the Act until we have notified you. After installation, all erosion control measures must be maintained in proper working order until the site is GALQIJackson\E&SC\2009-009 Rhodes Cove San. Sewer Rehab\NOV 5 21 10.doc completely stabilized. We solicit your cooperation, and would like to avoid taking further enforcement action. At the same time, it it your responsibility to understand and comply with the requirements of the Act. Copies of the relevant statute and administrative rules may be examined at this office or will be sent to you upon request. Should you have questions concerning this notice or the requirements of the Act -please contact either Darlene Kucken or me at your earliest convenience. Sincerely, eer, PEngineer ity Section Enclosures: Sedimentation Inspection Report cc: Gray Hauser, PE, State Sedimentation G:1LQ1Jackson\E&SC12009-009 Rhodes Cove San. Sewer Rehab\NOV 5 21 10.doc County: G�c1rSb ;ProjectYQ,pS'Cnt)er,�ei�Zer �e�� River basin: LJ� Person financially responsibie- 'CC r" Q F� ( ��P,r •_C� , eC 3'c C Project #_ go og .- Address: nwo (J. i�'1e� cY. St"l Slt We, oc Case # 1. Projectlocation: Pictures: No: ❑ Yes: X Prints: ❑. Slides: ❑ Video: 0 Digital: 2. Weather and soil conditions: c�UUcS + LJO rkct�alf Sbr iS Initial inspection: Yes: ❑ No: 3. Is site currently under notice of violation? Yes: No: ❑ 4. Is the site in compliance with S.P.C.A. and rules? Yes: ❑ No: [ If no, check violations below: 5. Violations: ❑ a. No approved plan, G.S. 113A-57 (4) and 15A N.C.A.0 4B.0107(c) g. Inadequate buffer zone, G.S. 113A-57(1) M b. Failure to follow approved plan, G.S. I I3A-57(5) ❑ h. Graded slopes and fills too steep, ❑ c. Failure to submit revised plan, G.S. I I3A-54.1(b) and G.S. 113A-57(2) or 15A N.C.A.C. 413.0124(d) 15A N.C.A.C. 4B.0118(a) ❑ i. Unprotected exposed slopes, G.S. I I3A-57(2) ❑ d. Failure to provide adequate groundcover, G.S. I I3A-57(3) and ❑ j. Failure to maintain erosion control measures, 15A N.C.A.C. 413.0107(b) or 15A N.C.A.C. 413.0124(e) 15A N.C.A.C. 413.0113 ❑ e. Insufficient measures to retain sediment on site, G.S. 113A-57(3) ❑ k. Other (describe) f. Failure to take all reasonable measures, 15A N.C.A.C. 413.0105 6. Potential NPDES Permit Violation? Yes: �& No: ❑ Describe: a-,�j r� 7. Has sedimentation damage occurred since last inspection? Yes: ❑ If yes, where? (check all that apply) No: Lake/natural watercourse on the tract: ❑ Lake/natural watercourse off the tract: ❑ Other property: ❑ Description: Degree of damage: slight: ❑ moderate : ❑ severe : ❑ 8. Contact made with (name): D b \\ l� Title: Inspection report given: ❑ or sent: N to person financially responsible. Date given/sent: (v, -'UC) V 9. Corrective actions needed: (t) 7y U V � L( ';t 07 «+ 10. Comments• •( )�_,7\ C�i•- 9ciS 6A- �''(-C�L)� 1JU��•f',r 11r.�. 1?FF �-_ �-� i Report by:_L_1� Date of inspection: cc: �— Others present:, 1 Q3-e-CK Time arriving on site: ( C) . Time leaving site: 4 1�. 4 River Park Mobile Home Park Cullowhee, NC May 17, 2010 Issues: PWS: Well water — possible iron and bacterial contamination APS: CAFO issues — no details SWPS: Leaking sewage from trailers 7771.,_ sent00e e I , � Public health — gastrointestinal illnesses Original email: To: oger.EdwardsCaD_ncdenr.gov From: Araceli Bonilla/R4/USEPA/US Date: 04/06/2010 09:08AM Cc: Serdar Ertep/R4/USEPA/US@EPA Subject: Fw: CWA - FY10-72320-3709-CV Referred to Region - North Carolina Roger, I am forwarding you the complaint below for follow-up. If you could let me know the outcome of your investigation into the complaint, I would greatly appreciate it. Thank you, Araceli Bonilla Environmental Engineer East NPDES Enforcement Section Clean Water Enforcement Branch US EPA Region 4 61 Forsyth St. Atlanta, GA 30303 tel. 404.562.9790 fax 404.562.9729 email: bonilla.araceli(a)_epa.yov Complaintant: FROM: babygirinangelw@aol.com Name: Mandy (Williams) Alleged Violator's Name: James Calderbank Alleged Violator's Address: unknown Alleged Violator's City: waynesville Alleged Violator's State: North Carolina Alleged Violator's Zip: 28786 Y� Tip or Complaint: e i lived At river park mobile home park in cullowhee nc it is a 94 trailor mobile home park the trailor that i was living in had a sewage leak the entire 6 months i lived there i collected rent for mr. calderbank from december 2009 until february 2010 in that time i witnessed other trailors with sewage leaks the first trailor that i was in had orange contaminated hot water and there are multiple trailors with sewage leaks that are not being fixed that whole park is on well water which means that sewage is getting to the water on february 12th my youngest son was placed in the hospital with gastrointestinal problems in than time three other children that all lived with in 50ft of my trailor were admmited to the hospital on the same floor i moved away cause i could not take it anymore but there are tons of families that are still there suffering and getting sick Specific Directions: us highway 107 in sylva third light past ingles make a left go all the way down the road till you past the bridge make an immediate right go till you come to a fork in the road stay right the park is about 100yds on the right Violation Still Occurring? Yes State DEP/DEQ/DEM Notified? No Details from: Wanda Frazier — DWQ-SWPS Location: River Park Mobile Home Park 57 Devin Drive (off of Ledbetter Road - off of River Road) Cullowhee, NC 28723 Owner: James M. Calderbank, principal Devin Development Inc. [Sec of State I D#: 699385 (est. 11-14-03)] Office location: 281 Brunswick Drive, Waynesville, NC 28786 Mailling address: PO Box 34; Balsam, NC 28707 Telephone: 828-226-0488 Issues: Water: 2 potable wells on site — with 100 ft buffer Contact: Jim Adams, DEH-PWS 828-296-4580 Buddy Melton, DEH-PWS Wastewater: Contact: Keith Haynes, DWQ-SWPS 828-296-4660 TWASA #1 WWTP @ River Road — provides sewer service to the MHP Collection System: Bobby Mills 828-586-5189 x 0 (Leslie) WWTP ORC: Stan Bryson 828-586-9318 WWTP 828-508-1072 cell Jackson County Health Department Contact: John Paxton, Sanitarian 828-587-8246 Env. Hlth. Contact:, Russell Jenkins, Sanitarian 828-586-8994 x 250 Env. Hlth. CAFO no details from EPA Contact: Landon Davidson, DWQ -APS 828-296-4680 Bev Price, DWQ-APS New Details: May 18", 2010 The complaintant, Mandy, now lives in TN. She stated that the sewage was leaking from trailer #25. After she moved out, the leak was fixed. However, the kitchen sink clogged up and the new residents drilled a hole in the floor in the kitchen and let the sink drain onto the ground. This was also fixed. The latest saga involves residents of trailer # 94 and #95 fighting over #94 pouring waste from jars onto the ground and building fires, forcing #95 to keep her windows closed. The Police has been dispatched several times at this location. The mental stability/capacity of the resident of #94 is in question. John Paxton, Sanitarian, from the Health Department has visited the site several times in the past and is meeting the owner, Mr. Calderbank, there today. I requested that he drop some dye tablets down several toilets to confirm any sewer leaks. John said that he would be happy to do that and would follow-up with us. Bobby Mills, Collection System ORC, with TWASA #1 visited the site and found no evidence of sewer leaks from trailers # 24 & #25. There is a manhole adjacent to those homes. There was no evidence of any overflows either. He spoke with the owner, who indicated that no children had lived in #24 and that Mandy had been evicted (#25). Bobby stated that the MHP has a large Hispanic population known for drug trafficking and other problems. Jim Adams, PWS, spoke with Mandy and the owner regarding the complaint. Araceli Bonilla, EPA, responded to my inquiry about CAFO issues. She said, "I think I may have been referring to another complaint regarding the CAFO issues. This one appeared to only be relating to a sewage leak. Sorry for the misunderstanding!" I talked to the owner, Jim Calderbank, who said that Mandy Williams (#25) collected rent for —1 month for him. He said that she was evicted for alleged theft and drug charges and her children were removed from the home by DSS, because of filth and allowed access to drugs in the home. He said that —4-5 years ago TWASA jetted a line from the Chinese Restaurant upstream of their sewer connection, as a result of a grease clog. The clog caused sewage to back up and overflow into a 25 ft. puddle on the park property. TWASA fixed this and limed the area. Jim is a certified water system operator and takes care of the water. He said that they have good water (no lead, copper, zinc, etc.). They did have an iron problem that was remedied when Greene Bros. drilled the well deeper. He said that the hot water heaters were old (1970s) and did not have hose bibs. When the residents complain of orange water, he replaces the hot water heaters. He indicated that the resident of #94 is on medication and has problems with her neighbor (#95), when she forgets to take them. He said that they feud with each other often. He charges $350/month for rent and had 93 trailers, plus one laundrymat (94 total). He is meeting with Jim Adams, PWS, today who will take water samples. Frazier, Wanda From: Sent: To: Subject: Attachments: Araceli and Serdar, I meant to say that: Frazier, Wanda Tuesday, May 18, 2010 1:07 PM 'bonilla.araceli@epa.gov'; 'ertep.serdar@epa.gov' River Park MHP, Cullowhee, NC complaint - CWA: FY10-72320-3709-CV River Park Mobile Home Park.doc NCDENR-DWQ-SWPS Asheville Regional Office didn't receive this until 5/14/2010. If you have any questions, please do not hesitate to contact us. Thanks! Wanda Wanda Frazier Email: Wanda.Frazier@ncdenr.gov North Carolina Department of Environment and Natural Resources Asheville Regional Office Division of Water Quality Surface Water Protection Section 2090 US 70 Highway Swannanoa, NC 28778 Switchboard: 828-296-4500 x 4662 Direct line: 828-296-4662 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. -----Original Message ----- From: Frazier, Wanda Sent: Tuesday, May 18, 2010 12:13 PM To: 'bonilla.araceli@epa.gov'; 'ertep.serdar@epa.gov' Cc: Edwards, Roger; Haynes, Keith; Price, Don; -Davidson, Melton, Buddy Subject: River Park MHP, Cullowhee, NC complaint - CWA: Landon; Price, Bev; Adams, Jim; FYIO-72320-3709-CV Hello all, 1 Here's the final report (see attachment). It has been taken care of with numerous site visits and calls. There doesn't appear to be a problem here. Serdar, You requested a 30-day turn -around within 30 days of the complaint date of 3/20/2010. NCDENR-DWQ-SWPS Asheville Regional Office didn't receive this until 5/6/2010. If you have any questions, please do not hesitate to contact us. Thanks, Wanda Wanda Frazier Email: Wanda.Frazier@ncdenr.gov North Carolina Department of Environment and Natural Resources Asheville Regional Office Division of Water Quality Surface Water Protection Section 2090 US 70 Highway Swannanoa, NC 28778 Switchboard: 828-296-4500 x 4662 Direct line: 828-296-4662 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. -----Original Message ----- From: Edwards, Roger Sent: Tuesday, May 18, 2010 11:54 AM To: Frazier, Wanda Subject: RE: River Park MHP, Cullowhee, NC complaint - CWA: FYIO-72320-3709-CV Yes, please sent to Araceli. Thanks, 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 Swannanoa, NC 28778 Tel: 828-296-4500 Fax: 828-299-7043 2 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. -----Original Message ----- From: Frazier, Wanda Sent: Tuesday, May 18, 2010 11:31 AM To: Edwards, Roger; Davidson, Landon; Adams, Jim; Price, Bev; Haynes, Keith; Price, Don Subject: River Park MHP, Cullowhee, NC complaint - CWA: FY10-72320-3709-CV Roger, The new attachment has the latest news (after I spoke with the owner today). I think we have enough info to forward this to EPA now. Do you want me to do this? Wanda Wanda Frazier Email: Wanda.Frazier@ncdenr.gov North Carolina Department of Environment and Natural Resources Asheville Regional Office Division of Water Quality Surface Water Protection Section 2090 US 70 Highway Swannanoa, NC 28778 Switchboard: 828-296-4500 x 4662 Direct line: 828-296-4662 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. -----Original Message ----- From: Edwards, Roger Sent: Tuesday, May 18, 2010 11:22 AM To: Frazier, Wanda Subject: RE: River Park MHP, Cullowhee, NC complaint - CWA: FY10-72320-3709-CV Thanks for the follow-up 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 Swannanoa, NC 28778 t 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. -----Original Message ----- From: Frazier, Wanda Sent: Tuesday, May 18, 2010 10:12 AM To: Davidson, Landon; Price, Bev; Adams, Jim Cc: Edwards, Roger; Haynes, Keith Subject: River Park MHP, Cullowhee, NC complaint - CWA: FYIO-72320-3709-CV Here's the latest (see attachment: page 4 ... New Details... May 18th, 2010). Wanda Frazier Email: Wanda.Frazier@ncdenr.gov North Carolina Department of Environment and Natural Resources Asheville Regional Office Division of Water Quality Surface Water Protection Section 2090 US 70 Highway Swannanoa, NC 28778 Switchboard: 828-296-4500 x 4662 Direct line: 828-296-4662 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. -----Original Message ----- From: Bonilla.Araceli@epamail.epa.gov [mailto:Bonilla.Araceli@epamail.epa.gov] Sent: Tuesday, May 18, 2010 8:56 AM To: Frazier, Wanda Subject: Re: FW: River Park MHP, Cullowhee, NC complaint - CWA: FYIO-72320-3709-CV Wanda, I think I may have been referring to another complaint regarding the CAFO issues. This one appeared to only be relating to a sewage leak. Sorry for the misunderstanding! Thank you, Araceli Bonilla Environmental Engineer M East NPDES Enforcement Section Clean Water Enforcement Branch US EPA Region 4 61 Forsyth St. Atlanta, GA 30303 tel. 404.562.9790 fax 404.562.9729 email: bonilla.araceli@epa.gov 'CONFIDENTIALITY NOTICE' This message is intended exclusively for the individual(s) or entity(s) to which it is addressed. This communication may contain information that is proprietary, privileged, or confidential or otherwise legally exempt from disclosure. If you are not the named addressee, you are not authorized to read, print, retain, copy, or disseminate this message or any part of it. If you have received this message in error, please notify the sender immediately by email or delete all copies of this message. From: "Frazier, Wanda" <wanda.frazier@ncdenr.gov> To: Araceli Bonilla/R4/USEPA/US@EPA Date: 05/17/2010 03:18 PM Subject: FW: River Park MHP, Cullowhee, NC complaint - CWA: FY10-72320-3709-CV Araceli, Do you have any more info or clarification regarding CAFO issues? Please read the emails below. Thanks, \ Wanda Frazier Email: Wanda.Frazier@ncdenr.gov North Carolina Department of Environment and Natural Resources Asheville Regional Office Division of Water Quality Surface Water Protection Section 2090 US 70 Highway Swannanoa, NC 28778 Switchboard: 828-296-4500 x 4662 Direct line: 828-296-4662 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. 5 From: Frazier, Wanda Sent: Monday, May 17, 2010 2:20 PM To: Edwards, Roger; Davidson, Landon; Haynes, Keith; Adams', Jim Subject: River Park-MHP, Cullowhee, NC complaint - CWA: FY10-72320-3709-CV Hey guys, Here's what. I have (see attached). Looks like this complaint dates back to 3-20-10. Jim said that he will go out and take water samples. I have a call in to Russell Jenkins, Sanitarian, and Stan Bryson, ORC - TWASA #1. Waiting on call backs. Russell is out for a funeral today. Keith ... Stan may call you. Thanks, Wanda Wanda Frazier Email: Wanda.Frazier@ncdenr.gov North Carolina Department of Environment and Natural Resources Asheville Regional Office Division of Water Quality Surface Water Protection Section 2090 US 70 Highway Swannanoa, NC 28778 Switchboard: 828-296-4500 x 4662 Direct line: 828-296-4662 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. From: Edwards, Roger Sent: Monday, May 17, 2010 10:18 AM To: Frazier, Wanda Cc: Davidson, Landon; Adams, Jim Subject: FW: (CWA - FY10-72320-3709-CV) Referred to Region - North Carolina Please coordinate with AP for site visit....possibly PWS as well if they have issues. 9 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 Swannanoa, 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. From: Davidson, Landon Sent: Monday, May 17, 2010 10:10 AM To: Edwards, Roger Subject: RE: (CWA - FY10-72320-3709-CV) Referred to Region - North Carolina Ok, whatever. Waiting on Jim of PWS to determine if that type of system. Let me know when SWP is going out and perhaps we can go and take well samples. L cid:image001.png@01CAF5C4.C7342940 web page: http://h2o.enr.state.nc.us/agw.html This e-mail contains a public record which is subject to disclosure to third parties and the public pursuant North Carolina's Public Records Law. N.C. Gen. Stat. §132-1, et seq. This e-mail may contain materials prepared during or in anticipation of a legal proceeding as part of preparation for that legal proceeding, in which case third party or public access to it is subject to N.C. Gen. Stat. §132-1.9 and may be denied until the conclusion of the legal proceeding, including the completion of all appeals and post -judgment proceedings, or, in the case where no legal proceeding has been commenced, upon the expiration of all applicable statutes of limitations and periods of repose. From: Edwards, Roger Sent: Monday, May 17, 2010 10:07 AM To: Davidson, Landon Subject: RE: (CWA - FY10-72320-3709-CV) Referred to Region - North Carolina I didn't see it either.....but she requested it be forwarded to you so I did.. -...maybe she was thinking of something else when she sent the e-mail 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 Swannanoa, '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. From: Davidson, Landon Sent: Monday, May 17, 2010 10:04,AM To: Edwards, Roger Subject: RE: (CWA - FY10-12320-3709-CV) Referred to Region - North Carolina 7 She mentions CAF.Os issue.....did I miss part of the email? cid:image001.png@01CAF5C4.C7342940 web page: http://h2o.enr.state.nc.us/agw.html This e-mail contains a public record which is subject to disclosure to third parties and the public pursuant North Carolina's Public Records Law. N.C. Gen. Stat. §132-1, et seq. This e-mail may contain materials prepared during or in anticipation of a legal proceeding as part of preparation for that legal proceeding, in which case third party or public access to it is subject to N.C. Gen. Stat. §132-1.9 and may be denied until the conclusion of the legal proceeding, including the completion of all appeals and post -judgment proceedings, or, in the case where no legal proceeding has been commenced, upon the expiration of all applicable statutes of limitations and periods of repose. From: Edwards, Roger Sent: Friday, May 14, 2010 12:12 PM To: Davidson, Landon Cc: Frazier, Wanda; Adams, Jim Subject: FW: (CWA - FY10-72320-3709-CV) Referred to Region - North Carolina Landon, Per EPA's request Wanda; Please check with local Health Dept for information on this MHP. DWQ may have involvement if this collection system is as leaky as this individual indicates. Jim, Don't know if this is on your inventory or not. Just a heads up. Thanks, 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 Swannanoa, 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. From: Bonilla.Araceli@epamail.epa.gov [ mailto:Bonilla.Araceli@epamail.epa.gov] Sent: Friday, May 14, 2010 10:13 AM To: Edwards, Roger Cc: ertep.serdar@epa.gov Subject: Fw: (CWA - FY10-72320-3709-CV) Referred to Region - North Carolina Roger, Can you please forward this complaint to the Aquifer Protection Supervisor? This seems like a CAFO issue. I am forwarding you the complaint below for follow-up. If you could let me know the outcome of your investigation into the complaint, I would greatly appreciate it. Thank you, Araceli Bonilla Environmental Engineer East NPDES Enforcement Section Clean Water Enforcement Branch US EPA Region 4 61 Forsyth St. Atlanta, GA 30303 tel. 404.562.9790 fax 404.562.9729 email: bonilla.araceli@epa.gov 'CONFIDENTIALITY NOTICE' This message is intended exclusively for the individual(s) or entity(s) to which it is addressed. This communication may contain information that is proprietary, privileged, or confidential or otherwise legally exempt from disclosure. If you are not the named addressee, you are not authorized to read, print, retain, copy, or disseminate this message or any part of it. If you have received this message in error, please notify the sender immediately by email or delete all copies of this message. -----Forwarded by Araceli Bonilla/R4/USEPA/US on 05/14/2010 09:12A To: Roger.Edwards@ncdenr.gov From: Araceli Bonilla/R4/USEPA/US Date: 04/06/2010 09:08AM Cc: Serdar Ertep/R4/USEPA/US@EPA Subject: Fw: (CWA - FY10-72320-3709-CV) Referred to Region - North Carolina Roger, I am forwarding you the complaint below for follow-up. If you could let me know the outcome of your investigation into the complaint, I would greatly appreciate it. Thank you, Araceli Bonilla. Environmental Engineer East NPDES Enforcement Section Clean Water Enforcement Branch US EPA Region 4 61 Forsyth St. Atlanta, GA 30303 tel. 404.562.9790 fax 404.562.9729 email: bonilla.araceli@epa.gov E 'CONFIDENTIALITY NOTICE' This message is intended exclusively for the individual(s) or entity(s) to which it is addressed. This communication may contain information that is proprietary, privileged, or confidential or otherwise legally exempt from disclosure. If you are not the named addressee, you are not authorized to read, print, retain, copy, or disseminate this message or any part of it. If you have received this message in error, please notify the sender immediately by email or delete all copies of this message. ----- Forwarded by Araceli Bonilla/R4/USEPA/US on 04/06/2010 10:08 AM From: Serdar Ertep/R4/USEPA/US@EPA To: Araceli Bonilla/R4/USEPA/US@EPA Date: 03/23/2010 02:31 PM Subject FWD: (CWA - FY10-72320-3709-CV) Referred to Region - North Carolina 03/23/2010 SUBJECT: FWD: (CWA - FY10-72320-3709-CV) Referred to Region - North Carolina FROM: ertep.serdar@epa.gov TO: bonilla.araceli@epa.gov CC: Please use your discretion regarding the appropriate follow up and send me an email within 30 days of the complaint date 3/20/2010 stating the action taken. Thanks, Serdar ----Original Message----- 3/20/2010 12:40 PM HQ -LEAD NUMBER: FY10-72320-3709-CV SUBJECT: Referred to Region - North Carolina FROM: babygirinangelw@aol.com TO: Name: Mandy Alleged Violator's Name: James Calderbank Alleged Violator's Address: unknown 10 Alleged Violator's City: Alleged Violator's State: Alleged Violator's Zip: Tip or Complaint: waynesville North Carolina 28786 i lived At river park .mobile home parkin cullowhee nc it is a 94 trailor mobile home park the trailor that i was living in had a sewage leak the entire 6 months i lived there i collected rent for mr. calderbank from december 2009 until february 2010 in that time i witnessed other trailors with sewage leaks the first trailor that i was in had orange contaminated hot water and there are multiple trailors with sewage leaks that are.not being fixed that whole park is on well water which means that sewage is getting to the water on february 12th my youngest son was .placed in the hospital with gastrointestinal problems in than time three other children that all lived with in Soft of my trailor were admmited to the hospital on the same floor i moved away cause i could not take it anymore but there are tons of families that are still there suffering and getting sick Specific Directions: us highway 107 in sylva third light past ingles make a left go all the way down the road till you past the bridge make an immediate right go till you come to a fork in the road stay right the park is about 100yds on the right Violation Still Occurring? Yes State DEP/DEQ/DEM Notified? No [attachment "River Park -Mobile Home Park..doc" deleted by Araceli Bonilla/R4/USEPA/US] 11 Wilson, Susan A From: Edwards, Roger Sent: Wednesday, April 21, 2010 10:22 AM To: LDinkins@slvpoa.net Cc: Wilson, Susan A Subject: Jackson County Private Bridge replacement Mr. Dinkins, Thank you for inquiring about bridge replacement prior to beginning the project. The Division of Water Quality has no regulatory requirement for bridge replacement so long as soil is not allowed to enter the steam, live concrete is not introduced to the steam and the bridge structure is placed so as not to have impact on the stream. The Division encourages you to check with local and county governments for any regulation they may have regarding your project. Thank you again, 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 Swannanoa, 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. Streambank restoration lofl Subject: Streambank restoration From:,Chuck Cranford <Chuck.Cranford@ncmail.net> Date: Wed, 08 Apr 2009 14:11:2f -0400 To: Susan A Wilson <Susan.A.Wilson@ncmail.net> Cp CC: Linda Wiggs. <Linda.Wiggs@ncmail.n t> richard stillwell (Dillsboro) 828-507-1541✓left a message wishing to talk to someone about a streambank restoration project he wants to do Chuck Cranford - Ch.uck.Cranford@ncmail.net North Carolina Dept. of Environment and Natural Resources Asheville Regional Office Division of Water Quality - Surface Water Protection Section 2090 U.S. 70 Highway Swannanoa, NC 28778 Tel: 828-296-4500 Fax: 828-259-7043 E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and maybe disclosed to third parties. Chuck Cranford <Chuck.Cranford(a�ncmai1.net> NC DENR - Asheville Regional Office Div. of Water Quality - Surface Water Protection pp Goys Sv�� �•'� ��''�4 -�''a-ter • M s ���� 15, Tok,r^Jf oV'7-1 /u c^oo kw"Po L"IIJ - 'VI !�'� iao�' ? ar .3l r; ��ri✓���, /�2 gy- �1 PC, V K#o CA K �Ly Ta PJggrGl.� h �Dd ' (AW- ^� I IV -0 CalAr,467 /�Cc9�� Coy to C611aw-4 We, ACV& T• COII&Z2 YVv �' (/1 �� f� � PVJV 4/9/2009 8:35 AM ctscrr� �rc� /L,aC�S l.J .3 ��� �r �✓ �� 3� o BLS 6tr JU57- Lyo n •t GoMAPS - Jackson County NC Public Access ***WARNING: THIS IS NOT A SURVEY!*** This map is prepared for the inventory of real property found within this jurisdiction, and is compiled from — - recorded deeds, plats, and other public records and data. Users of this map are hereby notified that the aforementioned public primary information sources should be consulted for verification of the information contained on this map. The County and mapping company assume no legal responsibility for the information contained on this map. LEGEND ce�rtm P L—kr am xew T=-Parccb CIO--4M 2W ® ncesub um i� ci bed tfnn 0 � cocvEsa t�caa6cs Oac ama,i. Wednesday,. April 22 2609 ND r Z�NA G - " GoMAPS - Jackson County NC Public Access LEGEND �' co:,srtnes Par�n�oom. tavdWMt MCRZ L.W.- Z-/ Led LYM Ta -P-ws OrOM.400 CA --PO 86ah�llro OA�ibbel&q Wednesday, April 22 2009 s wM , s. t" <�A. 1yF Yv� , ryjrr ; n.ai�`' ***WARNING: THIS IS NOT A SURVEY!`** This map is prepared for the inventory of real property found within this jurisdiction, and is compiled from recorded deeds, plats, and other public records and data. Users of ,this map are hereby notified that the aforementioned public primary information sources should be consulted for verification of the information contained on this map. The County and mapping company assume no legal responsibility for the information contained on this map. Q�QF WA�Fi9pG Michael F. Easley, Governor William G. Ross Jr„ Secretary lam- North Carolina Department of Environment and Natural Resources � O 'C f•_• F � 9 r is A% . ..r Coleen H. Sullins, Director SUFACE WATER PROTECTION November 24, 2008 CERTIFIED MAIL RETURN RECEIPT REQUESTED Mr. Rex Meadows Clear Water Well Drilling PO Box 71 Hot Springs, North Carolina 28743 Subject: Notice of Violation NOV-2008-WQ-0094 Un-permitted Discharge Shelton Commercial Site Jackson County, NC Dear Mr. Meadows: In response to a complaint of materials (appearing to be cement) in an Unnamed Tributary and its receiving stream Scott .Creek, the Jackson County Erosion Control Office documented that Clear Water Well Drilling Company had made a discharge of drilling mud and cuttings into an Unnamed Tributary and Scott Creek, The County representative observed a Clear Water Well Drilling rig parked in the Shelton Commercial Development. Flow from the drilling operation conveyed mud and cuttings (gray in color) into an Unnamed Tributary and Scott Creek, which are classified "trout" waters. The volume of gray cuttings and mud documented indicated that the subject drilling operation would have violated the trout -water standard for turbidity (muddiness, cloudiness). State Law found at Section 143-215.1 of the General Statutes of North Carolina expressly prohibits discharges (of mud and cuttings) resulting in violations of water quality standards, Additionally, the General Statutes provide, enforcement procedures that may be implemented against anyone who violates the referenced section of law. Care should be exercised to prevent discharge of mud and cuttings to streams, as the volume from most drilling operations would likely result in turbidity violations subjecting the driller to enforcement proceedings. .Please be advised that future documented violations of water quality standards will result in a recommendation from this office for enforcement proceedings. Your attention is appreciated. If there are questions, please contact Linda Wiggs at telephone number 828-296-4500. Sincerely, Roger C. Edwards, Regional Supervisor Surface Water Protection Section cc: Jackson County Erosion Control Well Drillers Certification Commission Aquifer Protection Section North Carolina vvaturallif North Carolina Division of Water Quality 2090 U.S. Highway 70 Swannanoa, NC 28778 Plrone (828) 296-4500 Customer Service Internet: www..ncwaterquality.org FAX (828)299-7043 1-877-623-6748 G:\WPDATA\DEMWQ\Jackson\Complaints - Misc\clearwaterwelldrillingNOVresend.doc - An Equal OppodunitylAffirmative Action Employer - 50% Recycled110% Post Consumer Paper F 4 0,�F fl y Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources SUFACE WATER PROTECTION November 13, 2008 CERTIFIED MAIL RETURN RECEIPT REQUESTED Mr. Rex Meadows Clear Water Well Drilling 547 Upper Shut -In Road Hot Springs, North Carolina 28743 Dear Mr. Meadows: 70071490 0004 0798 8800 Subject: Notice of Violation NOV-2008-WQ-0094 Un-permitted Discharge Shelton Commercial Site Jackson County, NC Coleen H. Sullins, Director Division of Water Quality In response to a complaint of materials (appearing to be cement) in an Unnamed Tributary and its receiving stream Scott Creek, the Jackson County Erosion Control Office documented that Clear Water Well Drilling Company had made a discharge,of drilling mud and cuttings into an Unnamed Tributary and Scott Creek. The County representative observed a Clear Water Well Drilling rig parked in the Shelton Commercial Development. Flow from the drilling operation conveyed mud and cuttings (gray in color) into an Unnamed Tributary and Scott Creek, which are classified "trout" waters. The volume of gray cuttings and mud documented indicated that the subject drilling operation would have violated the trout -water standard for turbidity (muddiness, cloudiness). State Law found at Section 143-215.1 of the General Statutes of North Carolina expressly prohibits discharges (of mud and cuttings) resulting in violations of water quality standards. Additionally, the General Statutes provide enforcement procedures that may be implemented against anyone who violates the referenced section .of law. Care should be exercised to prevent discharge of mud and cuttings to streams, as the volume from most drilling operations would likely result in turbidity violations subjecting the driller to enforcement proceedings. Please be advised that future documented violations of water quality standards will result in a recommendation from this office for enforcement proceedings. Your attention is appreciated. If there are questions, please contact Linda Wiggs at telephone number 828-296-4500. Sincerely, Roger C. Edwards, Regional Supervisor Surface Water Protection Section cc: Jackson County Erosion Control Well Drillers Certification Commission Aquifer Protection Section Nne or-thCarolina . IvatzaWily North Carolina Division of Water Quality 2090 U.S. Fiighway 70 Swannanoa, NC 28778 Phone (828) 296-4500 Customer Service Internet: www..ncwaterquality.org FAX (828) 299-1043 1-877-623-6748 G:\WPDATA\DEMWQ\Jackson\Complaints - Misc\clearwaterwelld rilling NOV. doc An Equal Opportunity/Affirmative Action Employer — 50% Recycled110% Post Consumer Paper Michael F. Easley, Governor William G. Ross Jr„ Secretary North Carolina Department of Environment and Natural Resources SUFACE WATER PROTECTION November 13, 2008 CERTIFIED MAIL RETURN RECEIPT REQUESTED Mr. Rex Meadows Clear Water Well Drillers 547 Upper Shut -In Road Hot Springs, North Carolina 28743 Subject: Notice of Violation NOV-2008-WQ-0094 Un-permitted Discharge Shelton Commercial Site Jackson County, NC Dear Mr. Meadows: Coleen H. Sullins, Director Division of Water Quality In response to a complaint of materials (appearing to be cement) in an Unnamed Tributary and its receiving stream Scotts Creek, the Jackson County Erosion Control Office documented that Clear Water Well Drilling Company had made a discharge of drilling mud and cuttings into an Unnamed Tributary and Scotts Creek. The County representative observed Clear Water well drillers drilling rig parked in the Shelton Commercial Development. Flow from the drilling operation conveyed mud and cuttings (gray in color) into an Unnamed Tributary and Scott Creek, which are classified "trout" waters. The volume of gray cuttings and mud documented indicated that the subject drilling operation would have,violated the trout -water standard.for turbidity (muddiness, cloudiness). State Law found at Section 143-215.1 of the General Statutes of North Carolina expressly prohibits discharges (of mud and cuttings) resulting in violations of water quality standards. Additionally, the General Statutes provide enforcement procedures that may be implemented against anyone who violates the referenced section. of law. Care should be exercised to prevent discharge of mud and cuttings to streams, as the volume from most drilling. operations would likely result in turbidity violations subjecting the driller to enforcement proceedings. Please be advised that future documented violations of water quality standards will result in a recommendation from this office for enforcement proceedings. Your attention is appreciated. If there are questions, please contact Linda Wiggs at telephone number 828-296-4500. Sincerely, Roger C. Edwards, Regional Supervisor Surface Water Protection Section cc: Jackson County Erosion Control Well Drillers Certification Commission Northcarolina Aquifer Protection Section Na&rally North Carolina Division of Water Quality 2090 U.S. Highway 70 Swannanoa, NC 28778 Phone (828) 296-4500 Customer Service Internet: www..ncwaterquality.org FAX (828) 299-7043 1-877-623-6748 G:\WPDATA\DEMWQ\Jackson\Complaints - Misc\clearwaterwelldrilling.doc An Equal Opportunity/Affirmative Action Employer — 50% Recycled110% Post Consumer Paper v° V� c' JACKSON COUNTY EROSION CONTROL d \1 4f 401 Grindstaff Cove Road, Suite 254 f Sylva, N.C. 25779 Phone: 828 631-2261 Fax: 828-631-2262 OCT 14 2008 IIr WATER QUALITY SECTION ASHEVILLE REGIONAL OFFICE Project Nance: Shelton Commercial Site Project #: 07-174 Person Financially Responsible: Ronald Cale Shelton Address: 88 Parkway Drive Waynesville, NC 28786 1. Project and Location: US 74 Pictures: Yes: X No: Prints: Slides: Digital:X Video: 2. Feather and Soil Conditions: P-Cloudy Dry 3. Is the site currently under notice of violation? Yes: No: X 4. Is the site in compliance with the-S.P.C.A. and the rules? Yes: No: X Iff no, check violations below: 5. Violatiolms: (a) No approved plan, G.S.113A-57(4) and 15A NCAC 4B.0107(c) (b) Failure to Mow approved plan, G.S.113A-57(5) (c) Failure to submit revised plan, G.S. 113A-54.1(b) and 15A NCAC 4B.0118(a) (d) Failure to provide adequate groundcover, G.S.113A-57(3) and 15A NCAC 4B.0107 or 15A NCAC 4B0124(e) (t) Failure to take all reasonable measures, 15A NCAC 4B.0105 (g) Inadequate buffer zone, G.S.113A-57(1) (h) Graded slopes and fills too steep, G.S.113A-57(2) or 15A NCAC 4B.0124(d) (i) Unprotected exposed slopes, G.S.113A 57(2) 0) Failure to maintain erosion control measures, 15A NCAC 4B.0113 (k) Other(describe): 6. NPDES Permit Violation? Yes: No: Unknown: X 7. Has sedimentation damage occurred since last inspection? Yes: X No: Lake/natural watercourse on the tract: ilea/n �aira�1 waterc#tir"se off-tract.-N Other property: Description: Sedaeine>et an;an un na ned�: ribaitaa of Sc ttsy Creek ` a ,Class'C Trout'Stre Degree of damage: Slight: ���_ 1,'da�Eerate..� Severe: 8. Contact made with (name): Unknown Title: Well Driller Inspection report given: or sent: to person financially responsible. Date given/sent: % Corrective actions needed: Slurry from well drilling operations must be collected in a sediment Rpond and not discharged directly into a stream. 10. Co a ts.' Based on complaints on 9-29-200.8 and 9-30-2008 about Scotts Creek being very discolored, a well drilling operation was discovered occurring on the above permittedproject, (PIN 7673-41-5780). Report By: Robert Shelton Others presents: David Loyer (by phone) Date of Inspection: 9-30-2008 Time of Inspection: 9:00 Cc; Clearwater Well Drilling NCDENR- Division of dater Quality Attachments: Photos r„/ FM k, , -,k-) o 4 i♦ 1 _ y Y 46 es._'t'W-+/•.+`v�fe � "'-".-�} t'}`t. rrr..._�Lv,rr.ie:^_ M ��+- rk 14, • - �. 1 .' - - ��. ru'7r�' r • � � a 5a y� id'�°r � y. �' . r' `r7 {'u _ P'd—•. � `.���fT r ?9 "" ;e_ Mtn Inc --.mot a �.. 1 is a 1 v _ 4•:- Ji. a- `'+ ic. r ,� i _- >• ' . '.'`f.-- •F �� a i. Q � � a,er •„ v5 s t -- ,'�=-'^ #� � 1 ` W � ram- � t'' �.�: - ��+ ._ ,'+%•-y�' ,n 1 a 1f'i• Y'• J _ s O 1 if .. 17 7° ll I` - 4yV l g - � eti _ ��J��S•r�°�.11;.YY44tt' �� 4 } y�. •Fj� � ��ry 1 t site inspection Subject: site inspection From: Julie Vann <Julie.Vann@ncmail.net> Date: Thu, 06 Nov 2008 09:03:15 -0500 To: Linda Wiggs <Linda.Wiggs@ncmail.net> Hey, Linda; re: the erosion control complaint against Clearwater drillers .... I think the central office is in Hot springs and the registered agent is Rex Meadows at 547 Upper Shut-in Rd. Hot Springs NC 28743 The phone number for the Hot Springs office is 828 622 7241. Please give me a call when you get the chance. I need to visit the site and take some photos before I confront them. Was it Von Plemmons who drilled it? Julie Julie Vann <Julie.Vannpncmail.net> NC DENR - Asheville Regional Office Division of Water Quality - Aquifer Protection Section 1 of 1 11/12/2008 2:58 PM 3N A Incident Type: Complaint Category: Surface Water Incident Started: /26/200 County: Nackso City: Farm #: Responsible Party: Owner: Permit: Facility: First Name: Middle Name: Last Name: Address City/State/Zip: Phone: Incident Report Report Number: =0090650,'i Material Category: Estimated Qty: UOM On -Site Contact: First/Mid/Last Name: Company Name: Phone: Pager/Mobile Phone: / Reported at C�Q%'�`�' ` !'�+ CJ� G�tA • ��-D� First/Mid/Last Name: s Company Name: Address: City/State/Zip: Phone: Pager/Mobile Phone: / Chemical Name Reportable Qty. lbs. Reportable Qty. kgs. DD:MM:SS Decimal Position Method: Latitude: Position Accuracy: Longitude: Position Datum: Location of Incident: at ,ump mULWnCre V eh^ind wrecker service funk, and r_ Address: KE 4;i City/State/Zip ��SyU� 1 ,__ - ` NC—::ip . l6 Z__v 6` - 4 V y� Report Created 02/27/09 11:48 AM Page 1 Cause/Observation: Directions: Neighbors walking Pumpkintown Cr. followed oily material in the When leaving Sylva going up mtn. on Hwy. 441 toward Franklin you will creek to the wrecker service/junkyard on Hwy. 441. see Pumpkintown sign. They had seen the rocks in the creek turn green and it ended at.. 'Go @ 1 to 1 112 miles: the wrecker service. Wrecker company is on the left side of the road on Hwy 441. Pumpkintown Cr. is behind wrecker service. Action Taken: Incident Questions: Did the Material reach the Surface Water? Unknown Surface Water Name? Did the Spill result in a Fish Kill? Unknown If the Spill was from a storage tank indicate type. Containment? Unknown Cleanup Complete? Unknown Water Supply Wells within 1500ft: Unknown Event Type Referred to Regional Office - Primary Contact Report Entered Report Received Incident Start 1--djo-r 3 �i✓r-�G� d� f Comments: Pumpkintown Cr. flows into Savannah Cr. Caller, who lives on lower Savannah Cr., is worried about the children who play in the creek. He is also worried about the fish and the water. Event Date 2009-02-27 11:39:31 2009-02-27 11:22:00 2009-02-26 08:00:00 Conveyance: Estimated Number of fish? (Above Ground or Under Ground) Groundwater Impacted Unknown Due Date Comment Report Created 02/27/09 11:48 AM Page 2 Standard Agencies Notified: Agency Name Phone Other Agencies Notified: Agency Name Phone DWQ Information: Report Taken By: Janet Cantwell First Name M.I. Last Name Contact Date First Name M.I. Report Entered By: Janet Cantwell Phone: Date/Time: 2009-02-27 11:22:00 AM 2009-02-27 11:39:31 AM Referred Via: Phone Did DWQ request an additional written report? If yes, What additional information is needed? Last Name Contact Date Regional Contact: Report Created 02/27/09 11:48 AM Page 3 Ja��Eo sr,�T�s UNITED STATES ENVIRONMENTAL PROTECTION AGENCY w REGION 4 ATLANTA FEDERAL CENTER ��F �o= 61 FORSYTH STREET ti1 1 4 PROS7G1ATLANTA, GEORGIA 30303-8960 MAY 1 2 CERTIFIED MAIL 7003 1680 0001 0750 3339 - RETURN RECEIPT REQUESTED The Honorable Michell Hicks Principal Chief Eastern Band of Cherokee Indians P.O. Box 455 Cherokee, North Carolina 28719 Re: Administrative Consent Order No. CWA 04-2009-4774 Rough Branch Wastewater Treatment Plant NPDES Permit No. NCO048089 Dear Chief Hicks: EIVISIOP 00LlTY DIRECIOR'S _ OFFICE Pursuant to Section 309(a) of the Clean Water Act (Act), 33 U.S.C. § 1319(a), as amended, I have determined that the above named facility is in violation of Section 402 of the Act, 33 U.S.C. § 1342. As a result, I have issued the enclosed Section 309(a) Administrative Consent Order. This Order is issued to enforce existing requirements under the Act and therefore, does not replace, modify or eliminate any other requirement of the Act. If you have any questions concerning the enclosed Order,.please have your staff contact Mr. Michael Hom at (404) 562-9748, or have your attorney contact Ms. Joan Redleaf Durbin at (404) 562-9544. Enclosure cc: Larry Blythe, Vice Chief �a'leen I`I. Sul ��l ns, D og C Department ofAEnvi<rorurient and Natural Resources Sincerely, ',k57i J ` 2 Stanley Meiburg — Acting Regional Ad M sttoC ELtJ MAY 2 8 2009 i WATER QUALITY SECTION ASHEVILLE REGIONAL C179CE t' Intemet Address (URL) • htto://www.apa.gov Recycled/Recyclable o Printed with Vegetable Oil Based Inks on Recycled Paper (Minimum 30 % Postconsumer) UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION 4 IN THE MATTER OF Eastern Band of Cherokee Indians Cherokee, NC 28719 NPDES Permit No. NCO048089 Docket No. CWA 04-2009-4774 ADMINISTRATIVE CONSENT ORDER SCOPE AND PURPOSE 1. The United States Environmental Protection Agency, Region 4 (EPA) and the Eastern Band of Cherokee Indians (Cherokee Tribe) are the parties to this Administrative Consent Order (Order). The express purpose of the parties in entering into this Order is to further the goals of the Clean Water Act (CWA or Act), specifically Sections 101, 301, and 402 of the CWA, 33 U.S.C. §§ 1251, 1311, and 1342. It is the objective of all provisions and obligations of this Order to cause the Cherokee Tribe to come into and remain in full compliance with all applicable Federal laws and regulations governing the discharge of pollutants into waters of the United States. 2. This Order is entered into and issued pursuant to the authority vested in the Administrator of EPA by Section 309(a) of the CWA, 33 U.S.C. § 1319(a), which authority has been delegated to the Regional Administrator of -Region 4, EPA. The parties enter into this Order because of National Discharge Elimination System (NPDES) permit effluent limit violations which have occurred at the Rough Branch Wastewater Treatment Facility (WWTF) and are expected to occur for the duration of the NPDES permit. 3. This Order contains interim operating limitations for the Rough Branch WWTF, to achieve and maintain compliance with applicable water pollution control standards of the CWA as well as a compliance schedule for the elimination of the Rough Branch WWTF. STIPULATIONS The parties, in their own capacity or by their attorneys or other authorized representatives, hereby stipulate: 4. For the purpose of this Order, the following constitutes a summary of the, findings upon which this Order is based. None of the facts related herein shall be considered admissions, by any party. This section contains findings of fact determined solely by the parties and shall not be used by any person related or unrelated to this Order for purposes other than determining the basis of this Order. 5. The Cherokee Tribe is a Federally recognized Indian Tribe, and a "municipality" within the meaning of Section 502(4) of the CWA, 33 U.S.C. §1362. 6. At all times relevant to this matter, the Cherokee Tribe owned and operated the Rough Branch WWTF, which is located on Rough Branch Housing Authority Road in the Soco Community in Jackson County, North Carolina. The Rough Branch WWTF discharges treated wastewater, which contains pollutants, into Rough Branch, a navigable water of the United States, as defined in Section 502 of the Act, 33 U.S.C. § 1562(5). 7. The objective of the CWA, asset forth in Section 101(a) of the CWA, 33 U.S.C. § 1251(a) is to restore and maintain the chemical, physical, and biological integrity of the nation's water. 8. Section 301(a) of the CWA, 33 U.S.C. § 1311(a), prohibits the discharge of pollutants into the navigable waters of the United States, except in compliance with an NPDES permit issued pursuant to Section 402 of the Act, 33 U.S.C. § 1342. 9. On October 8, 1999, EPA Region 4 issued to the Cherokee Tribe, NPDES Permit No. NCO048089 authorizing a discharge from the Rough Branch WWTF to Rough Branch in compliance with the terms, conditions, and requirements of the permit, with an expiration date of October 31, 2002. This permit was administratively extended upon its expiration. On December 17, 2003, EPA Region 4 reissued NPDES Permit No. NCO048089 (the Permit) to the Cherokee Tribe, with an effective date of February 1, 2004 and an expiration date of December 31, 2008. 10. Among other conditions, the Permit established effluent limitations for the discharge to Rough Branch. Specifically, the Permit includes more stringent limits for Total Residual Chlorine than the previous permit and includes a limitation for Total Ammonia. 11. The Cherokee Tribe has indicated, and EPA agrees, based on an inspection of the Rough Branch WWTF, that the Rough Branch WWTF, as currently designed and operated, 2 cannot meet the effluent limitations in the Permit. ALLEGATIONS 12. The Cherokee Tribe is not in compliance with Section 402 of the Act, 33 U.S.C. § 1342 in that the Cherokee Tribe has violated the effluent limitations required by Part I.A. of the Permit for pH, Total Suspended Solids, Total Residual Chlorine, Biochemical Oxygen Demand, and Fecal Coliform, from April 2000 through June 2008. ADMINISTRATIVE ORDER ON CONSENT Based on the foregoing, and pursuant to the authority of Section 309(a) of the Act, 33 U.S.C. § 1319(a), EPA proposes and the Cherokee Tribe consents to the following: 13. The Cherokee Tribe shall monitor and comply with the final effluent limitations included in Part I.A. of the Permit, with the exception for Total Residual Chlorine and Total Ammonia. The Cherokee Tribe agrees to comply with the interim limitations for Total Residual Chlorine and Total Ammonia described in Attachment I in lieu of the Total Residual Chlorine and Total Ammonia effluent limitations included in Part I.A. of the Permit. The Cherokee Tribe shall maintain and operate its WWTF as efficiently as possible. 14. The Cherokee Tribe is required to comply with the remaining terms of the Permit. 15. The monitored parameter results from Paragraph 13 above shall be summarized once each month on a Discharge Monitoring Report, EPA Form 3320-1 (DMR) and submitted to EPA on a quarterly basis. DMRs are due on the 28`i' day following the end of the reporting period; i.e., the DMRs for the January — March reporting period are due no later than April 28. 16. The Cherokee Tribe shall comply with the following schedule for the elimination of discharge from the Rough Branch WWTF: Activity Progress Report Due Date 06/30/2009 End Construction/Cease Discharge 10/31/2009 Submit No Discharge Certification 11/30/2009 NOTIFICATION 17. All compliance required reporting shall be in writing and sent to EPA at the following address: Clean Water Enforcement Branch Water Protection Division . Sam Nunn Atlanta Federal Center 61 Forsyth Street Atlanta, GA 30303-8960 ATTN: Michael Hom, Environmental Engineer 18. Notification or communication with EPA shall be deemed submitted on the date it is postmarked and shall be sent by certified mail, return receipt requested. The Cherokee Tribe shall maintain records of said notifications or communications, together with proof of mailing by certified mail, for the duration of this Order. 19. All documentation and reports required to be submitted under this Order shall contain the following certification statement and be signed by a duly authorized representative as specified by 40 C.F.R § 122.22(b)(2) and (d): "I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations." GENERAL PROVISIONS 20. Compliance with the terms of this Order in no way affects or relieves the Cherokee Tribe of its obligation to comply with the remaining conditions of the Permit, all applicable requirements of the CWA, and the regulations promulgated thereunder, or other applicable requirements of Federal law. This Order does not operate as an NPDES permit. 21. The Cherokee Tribe admits the jurisdictional allegations set out above. 22. The Cherokee Tribe neither admits nor denies the factual allegations set out above. 4 23. Administrative Consent Order Docket No. CWA-04-2006-4758 is rescinded upon the effective date of this Order. EFFECTIVE DATE 24. This Order shall become effective upon receipt by the Cherokee Tribe of a fully executed Order. For the Cherokee: Tide Honorable Michel Hicks Principal Chief Eastern Band of Cherokee Indians LI Date 5 For EPA: J a&C- A. Stanley Meiburg Acting Regional Administrator U.S. EPA, Region 4 Date M AY 1 2 2009 Attachment I Interim Operating Conditions for Total Residual Chlorine and Total Ammonia The Cherokee shall monitor its effluent from the Rough Branch VWVTF for the following parameters as described,below and comply with the interim operating conditions as listed below: PARAMETERS DISCHARGE LIMITATIONS MONITORING REQUIREMENTS MONTHLY AVERAGE DAILY MAXIMUM SAMPLING POINT(s) MEASUREMENT FREQUENCY SAMPLE TYPE Total Residual Chlorine, mg/1 -- 0.17 Effluent 1/week Grab - Total Ammonia (as N), mg/1 May - October Report Report Effluent 2/month Grab November - April Report Report Effluent 2/month Grab Samples taken in compliance with the monitoring requirements specified in this Order shall be taken at the nearest accessible point after final treatment but prior to the actual discharge or mixing with the receiving waters (unless otherwise specified). Z l Incident Report Report Number: 200900966 Incident Type: Complaint Category: Other Incident Started: 03/31/2009 County: Jackson City: Farm #: Responsible Party: Owner: Permit: Facility: First Name: Middle Name: Last Name: Address City/State/Zip: Phone: Material Category: Estimated Qty: UOM DD:MM:SS Decimal Latitude: Longitude: Location of Incident: grassy crk rd Address: City/State/Zip Report Created 04/08/09 09:34 AM On -Site Contact: First/Mid/Last Name: Company Name: Phone: Pager/Mobile Phone: Reported By: First/Mid/Last Name: David Ammons Company Name: Address: City/State/Zip: Phone: (864)244-6904 Pager/Mobile Phone: / Chemical Name Reportable Qty. lbs. Reportable Qty. kgs. Position Method: Position Accuracy: Position Datum: Page 1 A Cause/Observation: developer wants to fill wetland Directions: HWY 107 go Rt on Grassy Crk Rd, 1/2 mile on left at #411 Action Taken: ( 7 Aa` -k- Comments: ' Developer -Bill Tripianna r zl_-'�--j Incident Questions: Did the Material reach the Surface Water? Unknown Surface Water Name? Did the Spill result in a Fish Kill? Unknown If the Spill was from a storage tank indicate type. Containment? Unknown Cleanup Complete? Unknown Water Supply Wells within 1500ft : Unknown Event Type Report Received Referred to Regional Office - Primary Contact Report Entered Incident Start Event Date 2009-04-08 09:34:06 2009-03-31 02:15:00 (�— A Conveyance: Estimated Number of fish? (Above Ground or Under Ground) Groundwater Impacted : Unknown Due Date Comment Report Created 04/08/09 09:34 AM Page 2 t Incident Report Report Number: 200900966 Incident Type: Complaint Category: Other Incident Started: 03/31/2009 County: Jackson City: Farm #: Responsible Party: Owner: Permit: Facility: First Name: Middle Name: Last Name: Address City/State/Zip: Phone: Material Category: Estimated Qty: UOM DD:MM:SS Decimal Latitude: Longitude: Location of Incident: grassy crk rd Address: City/State/Zip Report Created 04/09/09 01:28 PM On -Site Contact: First/Mid/Last Name: Company Name: Phone: Pager/Mobile Phone: / Reported By: First/Mid/Last Name: David Ammons Company Name: Address: City/State/Zip: Phone: (864)244-6904 Pager/Mobile Phone: / Chemical Name Reportable Qty. lbs. Reportable Qty. kgs. Position Method: Position Accuracy: Position Datum: Page I e Cause/Observation: developer wants to fill wetland Directions: HWY 107 go Rt on Grassy Crk Rd, 1/2 mile on left at#411 Action Taken: Comments: Site visit 4/8/09 with Susan Wilson, Robbie Shelton and adjacent Developer -Bill Tripianna landowners. Site does have wetland that could be impacted if access road is needed. Permit would have to be applied for. Landowners were told to contact COE. Incident Questions: Did the Material reach the Surface Water? Unknown Conveyance: Surface Water Name? Did the Spill result in a Fish Kill? Unknown Estimated Number of fish? If the Spill was from a storage tank indicate type. (Above Ground or Under Ground) Containment? Unknown Cleanup Complete? Unknown Water Supply Wells within 1500ft: Unknown Groundwater Impacted : Unknown Event Type Event Date Report Received Referred to Regional Office - Primary Contact Incident closed 2009-04-09 12:00:00 Report Entered 2009-04-08 09:34:00 Due Date Comment A 401 permit may be submitted in Report Created 04/09/09 01:28 PM Page 2 4L Inspection or Site Visit Conducted Incident Start Standard Agencies Notified: Agency Name Other Agencies Notified: Agency Name DWQ Information: 2009-04-08 12:00:00 2009-03-31 02:15:00 Phone First Name M.I. Phone First Name M.I. Last Name Contact Date Last Name Contact Date Report Taken By: Report Entered By: Regional Contact: Linda S Wiggs Linda S Wiggs Linda S Wiggs Phone: Date/Time: 2009-04-08 09:34:00 AM Referred Via: Did DWQ request an additional written report? If yes, What additional information is needed? Report Created 04/09/09 01:28 PM Page 3 U.S_. ARMY CORPS OF ENGINEERS Wilmington District Asheville Regulatory Field Office 151 Patton Ave, Room 208 Asheville, NC 28801 Action ID: SAW 2008-03187 '- V/ County: Jackson Notification of Unauthorized Activity Responsible Party—'t rrs. i3arbar, 1J!L ck P.O. Box 9760 Greenville, South Carolina 29604 e-0 5 o Location of Property (water body, Highway name/number, town, etc.): The property is located adjacent to Cullowhee Mountain Road near Cullowhee, Jackson County, North Carolina, Cullowhee Creek is located on the property. Description of Unauthorized Activity/Permit Noncompliance: In response to a report of work in Cullowhee Creek, I conducted a site visit to the property with Robbie Shelton from Jackson County on December 2, 2008. Also present were Mrs. Barbara Mock (landowner) and Mr. Jimmy Rhinehart (contractor). Approximately 450 linear feet of bank stabilization had occurred along the left bank of Cullowhee Creek without authorization. The material had been excavated from the stream bottom and used to stabilize the bank. This material is too small to comply with the requirements for bank stabilization under Nationwide Permit (NWP 13). The intent was to place larger rock over this smaller material to prevent the smaller material from eroding. Indicate which of the following apply: X Unauthorized Activity River & Harbor Act, Section 10 (33 USC 403) Noncompliance with Permit X Clean Water Act, Section 301 (33 USC 131 1) The above -described activity was conducted without a permit from the U.S. Army Corps of Engineers and is a violation of federal law. Any fiuther unauthorized work in waters or wetlands will be considered a willful and intentional violation of federal law. If you do no further unauthorized work in waters or wetlands, and perform the remedial action requested below, the Corps of Engineers will take no further action in this matter. - If you continue to work in waters and wetlands without the required authorization, and/or fail to perform the requested action, the Corps will take further administrative action. -2- Remedial Action Requested: Because in -stream habitat was eliminated or reduced as a result of the excavation activities, the construction of in -stream structures will be required in the stream. These in -stream structures should also reduce the length of stream that needs to be stabilized with rock. As such, within 30 days of the date of this letter, please submit a plan (both drawings and a text description) that details where in -stream structures would be constructed in order to replace lost habitat and to prevent bank erosion. - This plan should also detail where stabilization is required (as opposed to the entire 4501f), and should detail the removal of the material that has already been placed without a permit (if it is determined that the entire 4501f does not need to be stabilized with rock), as well as show any vegetative planting along the stream. Please ensure that you send a copy of the plan to the N.C. Wildlife Resources Commission at the following address: Mountain Region Coordinator, Attn: Mr. Dave McHenry, 20830 Great Smoky Mtn. Expressway, Waynesville, NC 28786. We must have a copy of their comments prior to authorizing any work in this stream. We also recommend that you contact the N. C. Division of Water Quality (DWQ) concerning State requirements for work in this stream. The POC at DWQ is Ms. Linda Wiggs at (828) 296-4653. If you have any questions about this letter or need further information about the U.S. Army Corps of Engineers regulatory program, please contact me at (828) 271-7980, ext. 226. Your signature acknowledges receipt of this notification. Property Owner/Responsible Party Signa-h rP Proj ec Signat Date: Copies Furnish: Mr. Jimmy Rhinehart 628 Rhinedale Farm Road Webster, NC 28788 By e-mail: NC Division of Water Quality (Wiggs) NC Wildlife Resources Commission (McHenry) Jackson County (Shelton and Stevens) m ��5� Div LITTLE TENNESSEE (uses, SAVANNAH- jr , Wildca lifts Country Club WWPP r ✓ - South Carolina Friday, September 26, 2008 12:29:40 PM C:\MLF_PROJECTS\Betsy\FowlerCrk sep081FowlerCric 15sep08.mxd 0 0.25 0.5 1.5 2 Miles Legend NPDES_2006 --- Secondary Road Primary Road Unnamed Streams Named Streams ® River Basin HQW ORW ® ORW Special Management Strategy Area ® WSW ° County • • Cashiers, Jackson, North Carolina, United States - Google Maps F Address Cashiers, N Carolina 00 Maps' - () I 0 Page 1 of 1 Get Google Maps on your phone Text the word "GMAPS"to 46645 3 http://maps.google.com/maps?f=q&hl=en&q=Cashiers,+Jackson,+North+Carolina,+Unite... 9/ 12/2008 s OAL a-0 -e Q-� In 10 6-3 o73�� � �3�3 3�Xt o 4so� County: JACKSON River Basin Report To AROSP Collector: R DAVIS Region: ARO Sample Matrix: Surfacewater Loc. Type: RIVER/STREAM Emergency Yes/No COC Yes/No JC 1�`�VO� Laboratory .Section 1Wesults Sample ID: AB31997 via�,4 Number# ARO �b PO Date.Received: 06/26/2008 Cti?� Y Time Received: 14:40 . _ Labworks LoginlD KJIMISON Date Reported: 7/8/08 Report Generated: 07/08/2008 VisitlD Loc. Descr.: CHATTOGA RIVER (a ZEB ALLEY RD BRIDGE •/�� �j I l p I g Location ID: AROSPNLC I Collect Date: 06/26/2008 I Collect Time:: 10:45 I Sample Depth Sample Qualifiers and Comments D E��� --�--_-7 0 JUL 1 0 2008 1 j WATER QUALITY Routine Qualifiers—== For a more detailed description of these qualifier codes refer to www.dwqlab.org under Staff Access A -Value reported is the average of two or more determinations 81-Countable membranes with <20 colonies; Estimated N3-Estimated concentration is < PQL and >MDL 82- Counts from all filters were zero. NE -No established PQL B3-Countable membranes with more than 60 or 80 colonies; Estimated P-Elevated PQL due to matrix interference and/or sample dilution 64-Filters have counts of both >60 or 80 and < 20; Estimated Q1-Holding time exceeded prior to receipt at lab. BS-Too many colonies were present; too numerous to count (TNTC) Q2- Holding time exceeded following receipt by lab J2- Reported value failed to meet QC criteria for either precision or accuracy; Estimated PQL- Practical Quantitation Limit -subject to change due to instrument sensitivity J3-The sample matrix interfered with the ability to make any accurate determination; Estimated U- Samples analyzed for this compound but not detected J6-The lab analysis was from an unpreserved or improperly chemically preserved sample; Estimated X1- Sample not analyzed for this compound NI -The component has been tentatively identified based on mass spectral library search and has an estimated value ARO Laboratory Section>> 1623 Mail Service Center, Raleigh, NC 27699-1623 (919) 733-3908 Page 1 of 2 Location ID: AROSPNLC 5VC DWQQ Laboratory Section Results Sample ID AB31997 Collect Date: 06/26/2008 Loc. Descr.: CHATTOGA RIVER @ ZEB ALLEY RD BRIDGE Collect Time:: 10:45 Vis,tID a•- -1-y- 144[1IV rug Result Qualifier Units Analyst/Date Approved By /Date Sample temperature at receipt by lab 0.8 °C KJIMISON MMATHIS Method Reference 6/26/08 7/1/08 Conform, MF Fecal In liquid 1 71 B4 CFU/100m1 KJIMISON CGREEN Method Reference APHA9222D-20th 6/26/08 7/3/08 Laboratory Section>> 1623 Mail Service Center, Raleigh, NC 27699-1623 (919) 733-3908 Page 2 of 2 'i- DIVISION OF WATER QUALITY Chemistry Laboratory Report / Water Quality 2 J Lab Number � 3 r COUNTY RIVER BASIN: ^�� �•f^„KS q.� PRIORITY 4MBIENT E SAMP TYPE QA VrST EAM EFFLUENT Date Received 7imeReeeived: Received By REPORT TO Aq Regional Office COMPLIANCE CHAIN OF CUSTODY /J❑-`LAKE INFLUENT ' Other : COLLECTOR: D. � V�S) C7 1 � Q Is-MERGENCY VISIT ID ESTUARY Data Released ; (❑ Date Reported Estimated Bon Raaitie: Station Location: C µ (�� Seed: Chlorinated: /V v Renwiu: Station 0/Locution Cade Datetgin (yylm dddd)� /0,11 610 Da�E, (yy! m� d) �� Time IIeBin � Tfine Eud Depth- DM, D& DBM/� s �� fyC Z' Value Type- Ay H, L Composite T, S Samp(l�e Type G fG SOD 310 mg/L COD High 340 mjL COD Low 335 mi/L. Coliform: MF Fecal 31616 /100mi Colifonn: MF Total 31504 110oml Colitbnn: mbe Fecal 31615 /100m1 Coliform: Fecal Strep 31673 /I00nd Rcmdue: Total 500 mp/l; Volanile 505 mg/L Fixed 510 mp/L R=due: Suspended 530 mg/L Volatile 535 mg/L Fixed 540 mglL pH 403 units Acidity to pH 4.5 436 ny/L- Acidity to pH 8.3 435 ZZ Alkalinity to pH 8.3 415 mg/L Alkalinuv to pH 4.5 410 mf/L TOC 680 mS/L Turbidity 76 NTu Colit'arm Total Tube "/100 mis COMMENTS : Chloride 940 ml/1 Chi a: Tri 32217 wyL Chl a: Corr 32209 uyL Pheophynn a 32213 uSSIL Color. True 80 C.U. Color: (pH 1 83 pH- C.U. Color: pH7.6 82 c.u. Cyaofde 720 mgiL, Fluoride 951 ma(L Fomaddehyde 71880 nsy/L Grease and Oils 556 mg/L Hardness Total900 mg/L Specific Cond. 95 umhos/cm MBAS 38260 mg(L. Phenols 32730 ug/L • Sulfate 94S Aw/L Sulfide 745 myrJL _ Boron Tannin & Lig in ug/L Hexavalent Chromium . ugIL Bicarbonate mgL Carbonate mg/L Total Dissolved Solids mg/L NH3 as.N 610 mg/L TKN an N 625 mall. NO2 plus NO3 as N 630 mg/L P: Total as P 665 m+,/L, PO4 as P 70507 m /L P• Dissolved as P 666 , mall. K-Potass um mgfL, Cd- Cadmium 1027 ulyL Cr-Chmmium:Total 1034 u8/L Cu-Copper 1042 ug/L N-� Nickel 1067 ui, L Pb- Lead 1051 ug/L Zn- Zinc 1092 ug/L, V-Vauadiurn ug/L Ag- Silver 1077 uWL U- Aluminum 1105 ug/L Be -Beryllium 1012 ug'L Ca- Calcium 9l6 mg/L Co- Cobalt 1037 US/L Fe- Iron 1045 ug/L" Mo-Molybdenum ug/L Sb-Andmony ug/L Sn-Tin uy/L TI-Thallium u;VL Ti-Titanium ua/L Hg--1631 ug/L Michael F. Easley, Governor EFILE C n William G. Ross Jr., Secretary o Carolina Department of Environment and Natural Resources Coleen H. Sullins, Director Division of Water Quality August 21, 2008 Mr. Terry E. Allen, P.E. T.E. Allen Engineering, P.E. Post Office Box 103 Rosman, North Carolina 28772 Subject: Fast -Track Application Return Summit Charter School Foundation, Inc. Summit Charter School Jackson County Dear Mr. Allen: Attached herewith is the Fast -Track Sewer Application submitted by the Summit Charter School Foundation, Inc. seeking permission to construct a sewer line to serve the Summit Charter School. It has been determined that jurisdiction over the sewer line in question lies with the Jackson County Health Department.' Please do not hesitate to call me at 828/296-4659 should you_ wish to discuss this matter. Sincerely, Roy M. Davis Environmental Engineer cc: Tanya Howell, Jackson County Health Department G:\WPDATA\DEMWQ\JacksonWpplication Return -Summit Charter Scho91.08.doc No ehCarolina aiura!!b North Carolina Division of Water Quality 2090 U.S. Highway 70 Swannanoa, NC 28778 Phone (828) 296-4500 Internet: www.ncwaterquality.org Customer Service I-877-623-6748 FAX (828) 299-7043 An Equal Opportunity/Affirmative Action Employer— 50% Recycled110% Post Consumer Paper FAST -TRACK APPLICATION REVIEW PROCEDURES Project Name: Review Date: 08 ((,-3 O Project Number: s., X I -AO Reviewer: All fast -track projects should be submitted on the application entitled "Fast -Track Application for Gravity Sewers, Pump Stations, and Force Mains" (FORM: FTA 02/03 Rev 3,currently) unless otherwise directed by the PERCS. Any pump station/force main projects that require an Environmental Assessment (EA) are excluded from the Fast -Track review process, and should be submitted for full review to the Central Office (PERCS) on FORM: PSFMGSA 10199. Additionally, any projects involving a flow reduction request must receive approval for the flow reduction from the central office. PRE -REVIEW Does the application package appear to be generally complete (i.e. all attachments, check, key questions answered)? If any portion of the application is not complete, or if any required instruction items have been omitted, RETURN the application package and supporting documents to the applicant using the Project Return Letter template. Send the package and letter via certified mail to the applicant, and a copy of the letter to the engineering consultant. Any projects that are to be returned shall be returned prior to accepting the application (i.e., before logging in the application and depositing the check). After a project has been accepted, any information that is found to be incorrect and/or lacking must be requested via an Additional Info ation Request in accordance with 15A NCAC 2H .0208(e). 8D Ensure that a check for $ems submitted and made out to NCDENR. All new projects and major modifications to existing projects require an application fee. A major modification includes any changes to permitted flow volumes, changes in pipe diameter, changes in pipe length greater that 10% of the originally permitted length, changes in the operating points of a pump station, etc. SECTION A — Application Information If the applicant is private (Item B(2)) and listed as a corporation, check the NC Department of the Secretary of State's web site at http://www.secretary.state.nc.us/Corporations/ to ensure that the Applicant is registered with the Secretary of State to conduct business as a corporation in the State of NC. Developer's and HOA's should be listed. Ensure that the signing official meets the requirements of 15A NCAC 2H .0206(b). If they do not, request a revised application that has been completed by an appropriate official or a letter from an appropriate official that indicates the person in question is delegated to sign the application on the applicant's behalf. A current list of Delegated Signing Officials can be obtained from the PERCS. If a new delegated signing official letter is presented with the application, forward a copy to the central office so that the person may be added to the Delegated Signing Official list. The central office will send E-mails to the appropriate region if a new signing official has been added so that the most current list can be used. The Non -Discharge Permitting Unit has an example delegated signing official letter from http://h2o.enr.state.nc.us/PERCS/spraypol.htmI#DELEG. SECTION B — PP rmit Information �_k'-pct is new? Modification? If the project is a modification to an existing permit, be sure to enter the application into BIMS as a permit modification (i.e. "renew/modify application" and not "create new project"). BIMS will pull the previous signing official and affiliations information. Please go through all the tabs and ensure the information is correct for the current project. Applicant a public entity (e.g. county, town, sanitary district)? Applicant a e entity? wn (i.e. lease) units, lots, parcels, etc? Yk A C_ G,1 r�; c c -t—p A.: r* c, t.1— �' R 1 FAST -TRACK Application Review Procedures 2003 (Rev 2/06) Sell units,' lots, parcels; etc? Certificate of P6 lic Convenience and Necessity?' 2H .0205(d)(2) ♦ Required if the applicant is a public utility. In lieu of a Certificate of Public Convenience an Necessity, they may submit written approval from the North Carolina Uti flies Commission's Public Staff that states that the utility is allowed to provide uNlity service in the subject project area. Note that the project name on the a lication and on the CPCN.must match. Contact the NCUC Public Staff if qu stions arise. This is NOT REQUIRED for a municipality or county! E mples of companies that would provide a CPCN_ are Heater Utilities or Carol a Water Service, etc. ******OR******* Operational Agreement? 2H .0205 (2 ) ♦ Operational Agreements are only r uired if the applicant is not a public entity (i.e. Town, County, etc.) or pub *c utility as designated by the North Carolina Utilities. Commission AND the ots being served by the collection / system are to be sold to individual owne s. ♦ If the applicant is a developer, they m0 t fill out the DEVELOPER Operational Agreement (FORM: DEV 0 /03). A developer may be responsible for the system for an interim eriod until the homeowners association is formed, at which time a Pe it Name/Ownership Change request (FORM: PNOCF 06/00) will be ne�ded to transfer the permit to the HOA. ♦ If the applicant is a homeowners' associ tion (HOA), they must fill out the ASSOCIATION Operational Agree ent (FORM: HOA 02/03 The HOA must be registered with the Se,9fetary of State's office and must provide a copy of the Associations;/Bylaws and Articles of Incorporation. These documents should be rev wed to ensure that all applicable language regarding the collec 'on system is included as is required by the Operati/ice. en ♦ The Operationashould be attached to the permit and incorporated inge of the permit. Please note that Operational Agreement lannot be altered without approval from the Attorney Generperational Agreements are available at htt ://h2o.enr.sRCS/ from the collection system applications page. Approval of flow to receiving sewers and,WWTF? (i.e. P4 procedure, but now in-house!) ♦ Ensure that the receiving sewers and WWTF have adequate capacity available to accept the flow volume that is being requested, and that the WWTF has been in compliance with their treatment and disposal permit. (F',o A/ C5- P 0 & Flow acceptance letter(s) from the owner of the WWTF and owner of any intermediate sewers (if different from WWTF owner and applicant)? 2H .0205(d)(3)(C) ♦ Required only if the applicant and the owner of the WWTF/intermediate sewers are not the same entity. ♦ Project specific flow acceptance letters are required. ♦ Ensure that the following items appear in the flow acceptance letter: applicant's name, project name, amount of wastewater flow accepted, date that the flow acceptance was granted, expiration date of the acceptance, and name/permit number of the receiving WWTF. Do not accept a flow acceptance letter that was issued more than one year prior to the receipt of the package. ♦ Ensure that the owner accepted the entire volume of flow listed in application. 2 FAST -TRACK Application Review, Procedures 2003 (Rev 2/06) Main Problems Noted: A flow:acceptance letter is. provided by the receiving WWTP owner but 'not the downstream sewerow'ner, which both are differentfrom the applicant:. Example; private developer in Knightdale: Both Knightdale and Raleigh would need to provide a flow acceptance letter as Knightdale will transpo wastewater and Raleigh will treat the wastewater. Wastewater indu rial or domes * � nature? ♦ Most projects r wastewater that is domestic in nature, however, if Item B.6 indicates that the wastewater is industrial in nature, notify the Regional Office Pretreatment Coordinator or the WQ Pretreatment Unit Central Office to determine if a pretreatment permit is needed or if a program already in place and compliant. `- Flow volume calculated correctly? 2H .0299(l) ♦ Ensure that the daily design flow in the application is based on the guidance provided in the regulations or existing flow, and that the explanation as to how this volume was determined is very specific (i.e., 22 three -bedroom homes, 50,000 s.f. of retail space, 18 employees, etc). This information will be included in the description of the system in the permit. Our regs say 120.,gpd/bedroom for residential. Note that for one -bedroom the minimum they can use is 240 gpd. ♦ If daily design flow is not based on regulations, ensure that the applicant has an approved flow reduction of daily design flow rate on file with the Division. A list of approved flow reductions may be obtained from the DWQ Intranet or by contacting the PERCS. Flow reduction requests are to be reviewed by the central office, and must be reviewed and approved before the application is accepted by the regional office for review. ♦ On occasion, there may be an instance where supporting documentation is submitted with the application for a specific facility. Contact PERCS to determine a course of action. ♦ Ensure that the flows shown on the application match up to what is shown on the plans (if available for review). For example, if the application states that 100 lots are to be developed, ensure that there are 100 lots, and not 150 lots, shown on the plans. Plans are only required for review if the applicant is requesting a variance to the MDC or the .0200's. ♦ Do not allocate "future" wastewater flows (i.e., that based on speculative development). These would be permitted in future wastewater collection system extensions. Although, we do allocate "unknown" flows on a per acre basis for industrial/commercial park applications. Generally, the Division has accepted between 900 gpd/acre —1500 gpd/acre. Let the engineer support his calculation. Adequate in ation provided regarding the proposed gravity sewer and/or force main (if applicable)? Note 1: An Env\NotedA sment may be required if there are 3 miles of gravity sewer over 18-inches in diaC 1C .0100). Environmental Assessment projects can NOT go Fast -Track! Main Problemsentity specifies 6-inch line when 8-inch is required; 4-inch line is specified and noted Adequate information provided rega ing the proposed pump station(s) (if applicable)? Note: An Environmental Assessment ay be required if the pump station(s) have a firm capacity of 1,750 GPM or greater (15A NCAC 1C\condit 0). If there are any questions about whether an EA may be required, discuss with your supeor contact Alex Marks of the Planning Branch's Local Government Assistance Unit. ♦ Power reliability at the pump station in accordance with Section 5.04 of the Minimum Design Criteria for the Fastk P mitting of Pump Stations and Force Mains document (i.e. dual line feed, portablerator telemetry, permanent generator with automatic transfer switch, wet well stif near ss C waters)? Note 1: Section C of the FTA has to be completed and show s C down s e water in order to use wet well storage as a reliability option. Includspecial condit in the permit. You will need to ask for storage calculations and the outage data. N0 2:� Ensure telemetry is specified if a portable generator is called out.' with the engineer * unsure. Note 3: Ensure an automatic transfer switch (ATS) is spd if a permanent (sta by) generator is specified. Check with the engineer if unsure. Main Problems Noted: Failure to specifropriate or applicable pow reliability option 3- FAST-TRACK Application Review Procedures 2003:.(Rev 2/06) Project designed in accordance with 15A NCAC 2H .0200, the Gravity Sewer -Minimum Design Criteria and the Minimum Design Criteria for the Fast -Track Permitting of Pump, Stations and' Force Mains document. (as applicable)? NO will be checked in Item B(12) of the FTA. forward one copy of the supporting documents to the Central Office for review, indicating the permit number, owner and project name. The Central Office will review the variance request, and if approvable specific language regarding the variance will be forwarded to the Regional Office reviewer to incorporate into the permit. A copy of the variance letter provided by the central office_ should be kept with the application file. If you catch something in the application or supporting documents that is not in accordance with our regs or MDC, send an additional information request. Main Problems Noted: A public entity specifies 6-inch line when 8-inch is required; 4-inch line is specified and no variance requested; supporting documents show slope issues... SECTION C — Watershed Classification Color topographic map submitted? Watershed classification required? If YES, you are advised to "spot-check" the classification(s). If NO, ensure the applicant/engineer has indicated why one is not required. BOTH BOXES IN SECTION C MUST BE CHECKED TO NOT PROVIDE A CLASSIFICATION! SECTION D —Applicant Certifications Signing Official's signature? 2H .0206(b) + Ensure that the applicant's signature is the same person as that listed as the applicant's signing official on Page 1 of the application form. PE stamped, signed, and dated application, plans, specifications, and calculations (if applicable)? 2H . 0205(d) (9) (A) (iii) ♦ Ensure that the same engineer has signed, sealed, and dated the application and all the items, with the exception of items designed by specialty disciplines (i.e., architectural, structural, plumbing, and electrical plans). If not, an explanation and/or authorization is required. Adequate information provided for the engineer/engineering firm? PE with active license in North Carolina? 2H ,0205(d)(9)(A)(iii) or 2H .0203(28) ♦ Ensure that ALL pertinent P.E's have active licenses by checking the NC Professional Engineer's Board web site (www.ncbels.org - the PE number must be six digits, use leading 0 when needed). . ♦ If the PE seal number does not show up on the web site database, call the PE Board for verification (919) 881-2293. Drafting a Permit ♦ In order to be consistent, use the most current version of the Fast -Track permit shell. This permit shell contains specific language with respect to the Minimum Design Criteria, regulations, and collection system permitting. The PERCS will notify you of any changes to. this permit shell. ♦ Be specific with respect the system description and information. Indicate the flow, what the project will be serving, length and size of gravity sewer lines and force mains, etc. For projects involving pump stations, the size of the pump stations, as well as the reliability option and any additional info (telemetry, odor control system, etc) should be included. A sample permit is on the DWQ Intranet. ♦ Add or remove any special conditions as necessary. Please call attention to any non-standard permit conditions in the cover letter of the permit and include the permit condition where necessary. See the Example Special Conditions document. ♦ If the project is a modification, don't forget to include the system description from the previous permit and void the previous permit in the language! Some of these can be tricky so feel free to run the drafted permit through PERCS first before issuance. ♦ It is preferable if Fast -Tracks are saved electronically by permit number under issued -year and month. 4 FAST -TRACK Application Review Procedures 2003 (Rev 2106) T.E. ALLEN ENGINEERING, P.C. Post Office Box 103 Rosman, North Carolina 28772 Phone (828) 877-4883 Fax (828) 877-4893 August 7, 2008 SUBJECT: Summit Charter School, 370 Milton Lane, Cashiers, Jackson County, North Carolina, Parcel ID 7571-26-5723 Roy Davis NCDENR Surface Water Protection 2090 US Hwy 70 Swannanoa, NC 28778 Dear Mr. Davis: E C E 0 AUG - 8 2008 WATER QUALITY SECTION ASHEVILLE REGIONAL OFFICE Enclosed, please find one original and one copy of the Fast Track Application for Gravity Sewer for the Summit Charter School in Cashiers, North Carolina. A check for the application review fee is also enclosed. This work includes 520 linear feet of eight inch gravity sewer line and three (3) manholes. The gravity sewer will discharge to an On -Site Wasterwater Treatment Plant (WWTP), designed by others. The Improvement Permit and the Authorization to Construction for on -site WWTP are also enclosed. The on -site WWTP was approved and permitted by the local Health Department. A gravity sewer line is needed to connect the new school building with the new on -site WWTP. If you have any questions, please do not hesitate to contact me. Sincerely, Te llen, P.E Con ing Engineer Encls. —D 1H OK w 'AJ gray wav- - discharges Subject: gray water discharges From: Mike Parker <Mike.Parker@ncmail.net> Date: Wed, 21 May 2008 09:13:44 -0400 To: charlesstephens@jacksonnc.org, paulacarden@jacksonnc.org, stephen.brinson@ncmail.net, Roger Edwards <Roger.Edwards@ncmail.net> Lady and Gentlemen: NCDOT is proposing to widen and pave NCSR 1300, Pumpkintown Road in Jackson County. While we (NCDOT, DWQ and Corps of Engineers) were walking the existing roadway two gray water discharges were observed to be going into the adjacent stream (Long Branch). NCDOT has submitted two Illicit Discharge Detection and Elimination Program Field Reports for what was observed. I am attaching copies of these reports for your information. I am requesting your assistance in eliminating these illegal discharges to Long Branch. If you have questions, please call me at 828-296-4500. Mike Parker - Mike.ParkerCncmail.net North Carolina Dept. of Environment and Natural Resources Asheville Regional Office Division of Water Quality - Water Quality Section 2090 U.S. Highway 70 Swannanoa, NC 28778 Tel: 828-296-4500 Fax: 828-299-7043 Mike Parker <Mike.Parker(n�,ncmail.net> NC DENR - Asheville Regional Office Division of Water Quality - Water Quality Section Content -Type: application/pdf I ,sr 1300 pdf Content -Encoding: base64 1 of 1 6/13/2008 1:10 PM 16-2008. 02:18Pt1 FROM-NOOTRoadvidelinvi 818 733 0810 T-665 P•002/003 F-622 NCDOT NPD..0 :PERMIT HIGI�i�,+ '�!, �TL?.$ Vj 'R;*�P.:Pi��3tif '►irl b :. '01ILLICIT{DISCHARGED,ETECTIONyAND,ELIMINATION��PROGRAM* FIELD .REPORT (ORMALLY'ILLICIT:CONNECTION & ILLEGAL DISCHARGE) S=/s=off 'htstwlttion� ,.. F ,. +. - •.Ir - r�;r7� 1fc /� !, �1,b.�OiTsupe1_rviso personilei's�lelF ivesttgelt��k In dat�s_I�, Isom %�y�y,• {� `i At tr�taogd ilt��•Eitallft5r5tJri�tJliA1't rflk��Mid..:r.;..wwt,wl. A�i�I�.}Y— ••w^G -_-. -.4 :Yl .. ...13i�41�1 /I �ldl1��..W��}i''•8f1V:���•., .�. -- -- - ••.•oi.ar viuy Ivor' Ir1911 _.7BNJ e111t3r�; �E:2 ®99�1,5S7�.Fa1C fi918 ;F9�•98fa .. ., .• --• ',i '.,• ;' :. -, , _ V Pol ltdion Svuroe 0beeirved gy. 1� NCDOT-Per Oate-ltlontihtjd �:%/: oa'.. �❑' � Genara'I Pubh�,• S.,Phons Nolis'Frnm}Rapodar.'�1 Investigator Name; A� � WATER QUAL Infcr'matlon: ; <: Phone:, 828 2�// ggenoy:- -r. ii/eGbT Position: Svx.✓soi.,etiG 5,�T _ Location NCDOT Division /4� /:- _-CoiAbr ., d _. Highway or Sde:.PO Nearest Intersection or Mile Post; s Specific Location Info.: s°� Latitude Longitude (optional) �S. Z� n/ _ �9G8a 060 Type of Ston water Structure with Illicit •Connection or Illegal Dumping (Check One): ❑ ❑ Ditch (Size, Type) ElPipe (Size, Type) Manhole ❑ . ❑ Catch Basin Grated Inlet 2' Other, oa ��e/i r PhyslbalObservatione: ❑ Dump 2-Discharge Flow: FYes ❑ No (S/ � dor. Q Sewage ❑ Rottan Eggs 0 Fshy Skunk Vegetation Condition (If applicable): ❑ Petroleum Q fflher. �► y w, j-• None 1531%rmal p 12=9331ve Growth Inhibited Growth • ' Color. O Black ❑ Brown - [I Yellow ❑ Green EMlay I Lana use: ❑ white ❑ other 1Ke9idAnGel ❑ Commercial ❑ Industrial ❑ Rural Appearance: 0 Oily Sheen 0 Sewage 13 Chemical source: 'Resldentiai ❑ Sanitaryfewer ❑ Spill Releaso ❑ :]elegant D"Ciherpl�/e� JGs la13 Commor�ieu:ndustrial ❑ other: Comments: 7 sds• a 0 Am —A. - :.! �"J:'11.h�• •'JY�.J'�•'i.e'.i:.• .'y5� ��{'{(�,��j�yp.�� .._..rN:,....`:r,:rCp"'j�`i.l�j',���/=Gi�J:�•.�:• ].. i:Q. ��•: •.•�F.w JI��• ji -0: 'J•' „•,-•__-.'.r1 G" Y;1 �' illt�r��• T � +J•: _n: t'fr'{'.• •r ,, �.:,: ...�.Gl'.:(Ti•J'tiy.. .. .... •....�' �� Date Received: ': ;:����::��.•.: , •,�c;:•.,.:-: t • :��'�fi,:.,. Processed By. �[_/e �,,,, a 11 Forward Report to NCDENR-DWO: Mgt) (Prat) I Yes; Date; $ Whom: kkl ❑ No; Why Not? Database ID Number. �� � 92, River Basin: L. • I eAl �,�, Database Entry Date: (DlvlSlon) (County) i► Follow Up and Remarks: D, ,u . as w, z I awo% w �i ch�v T * Illegal D.iscitarges also ineTude illegal Dumping as defined an significant materials that are soluble or easily mmsported by / atotmwater runoff, such as used olL chemical solvents, septic waste, ete. ' Solid materials not easily transported by 8tormwater am addressed tbmueh other DOT program and should .not be re oncd on this form. • Yerliion ;1/21AS .;.zoos : 02:19PM ILLICI FIELb t.. •. . inblt�tcibr'isA:I�h FROMCDOTRoadcideEnvi" I 919 -T33 0910 T-665 P.,003/003 F422 i idH;_1AY41 R3 iW t t Wi ; DISCHARGE OEY EGTION AND ELIMINATION PROGRAIV REPOt�T (FOfRMALLY ILL ICIT„CONNECTION, & ILLEGAL'_DISCHARGE Y p11TEt `� •, t tt tdr' o�00t510$'Environirneri mi• t fit Envi?d6M`entaFO . :Addt09:,NCO471otelde Eriirtron ineir'ft Uni n� Telepion�»ulail"YIrAtp'$s it,,'1957 I q S�etvic9 Cerifer,:1#alr3(yth 88a- 55�; �t: = Polkdtost Source .Date Identified: d/-/� O$; �• '•,General '- ❑ Pu611cr Ngms.& Phone: Notes from Reporter. Investigator Name.,. ND��✓ d4wE11%.. Information: , (has Phone. `&CooT . Positron: `Eiwj,ga,v �t o+►nrl�: s�,ow Location. .,.,_M... r' NCDC7T Division: ./�i/tu+3ty::-.71��'i��! Highway or Site; Skyo3 40 Nearest Intersection or Mile Post: Xegfaa Specific Location Info.: Latitude Longitude (optional) _ 1C.ISM •Al t's•Z_ u = o ,,./ Type of Stormwater Structure with Illicit Connection or Illegal Dumping (Check One): [Ditch (Size, Type) Z' era ❑ Pipe (Size, Type) ❑ Catch Basin ❑ Manhole ❑ Grated Inlet . ❑ Other: Physical Observations: 0 Dump Er -Discharge Flow: B "Yes ❑ . No Odor: O Sewage Q Retten 1399a O FI9hy ❑ Skunk Vegetation Condition (It applicable): D Petroleum ❑ Other. Q None L' Kormal ❑ Excessive Growth Q Inhibited Growth Color- I E3 Black O Brown E3 Yellow Cl cman (Gray Land Use: D'Whtte ❑ Other. RSosldential O Cammen lal E3 Industrial (] Rural Appearance: ❑ ally sheen Q Sewage ❑ chemical GB'6e18rgant E3 Other. Comments: Source: 92'Resldentlel Q Snnitary Sewer ❑ spill Release ❑ Commereiau1ndustrial ❑ Other. ' Date Received: 5 O Processed By. (last) (rim) Forward Report to NCDENR-DWO: Yes; Date: Whom: Q No; Why Not? Database Io Number _1 -r sL; W Qffa Ttiver Basin: _L , TiN V, Database Entry Date: (DMslon) (County) s ' p, Follow Up and Remarks: 0, Af. Illegal Discharges also include Illegal bumping as defined as significant materials- that arc soluble. -or easily [iaincported by stomwater runoff, such as used oil, chemical Solvents: septic waste. etc. Solid materials not easily transponed by stotmwator are addressed thmu b other DOT qwgraiiis jid 3bould not be reported on this form: venue„ Wtms a. A:,J v 41" a �,W F7, R41, 40- WIR om "Q EVA V 4M a. http://mapper.acme.com/ -P,,t'it;fp kill" d 08 50 �Zj6sre-3( 1 .3 a 3 !o � �c u - III cum �_ li II 2� i� f i i II 4 0 NC DENR - DIVISON OF WATER QUALITY .0303 LITTLE TENNESSEE RIVER BASIN 2B .0300 Class Name of Stream Description Class Date Index No. Wilson Creek From source to Cullowhee C;Tr 07/01/73 2-79-31-2 Creek Wolf Creek From source to proposed C;HQW 08/03/92 2-79-31-3-(1) intake for Western Carolina Univ. Water Supply Wolf Creek From proposed intake for C 07/01/61 2-79-31-3-(2) Western Carolina University Water Supply to Cullowhee Creek Cherry Gap Branch (Chevy Gap From source to Cullowhee C 07/01/61 2-79-31-4 Branch) Creek Tilley Creek From source to Cullowhee C;Tr 07/01/73 2-79-31-5 Creek Flat Branch From source to Western C;HQW 08/03/92 2-79-31-5-1-(1) Carolina University Water Supply Intake Flat Branch From Western Carolina Univ. C 07/01/61 2-79-31-5-1-(2) Water Supply Intake to Tilley Creek Pressley Creek From source to Tilley Creek C 07/01/61 2-79-31-5-2 Parker Branch From source to Pressley C 07/01/61 2-79-31-5-2-1 Creek Bryson Branch From source to Tilley Creek C 07/01/61 2-79-31-5-3 Long Branch From source to Western C;HQW 08/03/92 2-79-31-6-(1) .Carolina University Water Supply Intake Long Branch From 'Western Carolina Univ. C 07/01/61 2-79-31-6-(2) Water Supply Intake to Cullowhee Creek Cane Creek From source to Tuckasegee C;Tr 07/01/73 2-79-32 River Ash Branch From source to Tuckasegee C 07/01/61 2-79-33 River Locust Creek From source to Tuckasegee C 07/01/61 2-79-34 River Mill Creek From source to Tuckasegee C 07/01/61 2-79-35 River Bumgarner Branch From source to Mill -Creek. C 07/01/61- 2-79-35-1 u. e•, e d S-q IT k `- ;T 04/01/71 2-79-(35.5) Savannah Creek From source to Tuckasegee C;Tr 07/01/61 2-79-36 River Shell Branch From source to Savannah C 07/01/61 2-79-36-1 Creek Long Branch From source to Savannah C 07/01/61 2-79-36-2 Creek 23 +GoMaps GIS Page 1 of 6 http://maps.jacksonnc.org/gomaps/map/map.cfm?CFID=514304&CFTOKEN=90938600 2/29/2008 e-a) Ck _ t ol ate. 1,-:2, 9 l n -s �-W Traulic, Inc 1893 Bee Tree Rd Glenville, NC 28736 North Carolina Department of Environment and Natural Resources U E D I M AY 1 4 2007 WATER QUALITY SECTION ASHEVILLE REGIONAL OFFICE Division of Water Quality May 7, 2007 Subject: Violation Notice Dear Mr. James Reid, The property in question was cleared years ago by the power company as it is their easement. On the logging road that we drove equipment on, we had placed silk fence down and seeded all areas. Respectfully, Scott Trauth, President Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Div' ion of W titer Quality April 25, 2007 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7006 2150 0005 2459 5731 Mr. Scott R. Trauth, Registered Agent Traulic, Inc. 1893 Beetree Road Glenville, North Carolina 28736-6565 Subject: Notice of Violation Jackson County, North Carolina Dear Mr. Trauth: The Asheville Regional Office of the Division of Water Quality investigated a complaint of muddy water in Cedar Creek near Glenville, North Carolina. Land clearing activity on a parcel that appeared to be owned by Traulic, Inc. (located off Cedar Creek Road) was judged responsible for all or part of conditions prompting the complaint. No sediment and erosion control devices were observed on the property, and clearing activity had occurred to the edge of Cedar Creek's channel. Cedar Creek is classified WS-III, trout waters. Classification as "trout waters" mandates an undisturbed buffer along the stream channel. During rainfall, turbidity (muddiness, cloudiness) violations likely occur in the stream and in addition, perhaps settleable solids violations. As the Department of Environment and Natural Resources' Land Quality Section controls sediment and erosion control matters plus the buffer requirement on trout streams, a copy of this letter is being transmitted to the Land Quality Section. Please respond in writing within 15 days of receipt of this letter advising what corrective actions have been taken or are planned to remedy problems observed on Traulic, Inc.'s property near the Cascades at Cedar Creek. Your attention to this matter is appreciated. Please contact Mr. James Reid at telephone 828-296- 4651 if there are questions or comments. Sincerely, Roger C. Edwards, Regional Supervisor Surface Water Protection Section Xc: Land Quality Section Jackson Co Erosion/Sediment Control No ethCarolina ,Xaturallil North Carolina Division of Water Quality 2090 U.S. Highway 70 Swannanoa, NC 28778 Phone (828) 296-4500 Customer Service Internet: www.ncwaterquality.org FAX (828) 299-7043 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer — 50% Recycled/10% Post Consumer Paper ----------- ------ � __ _ 007 �94- 07/a16/a (7)0 i se6-o 17a - Li , --ju- 9= __�an7 o ko I 0 "I r IL A-0 2—, o o f T 1 06�os�aoo7. 06�0 � 2 e Complaint Form e�// f �~> Date Received: Time received: Call taken by (DWQ staff member): 1A Caller Name (optional): 9Ld Phone Number (optional): County: C6 Address of Comp aint:��� Directions to Complaint: /y Ao Type of complaint: BIMS Incident #: WWTP Major WWTP Minor Collection System 401 Issues Stream Complaint: Storm Water Complaint: V Muddy / discolored ® �, �-� / o / Runoff from neighbor Digging in stream Runoff to stream Strange color / odor Emergency Response: Solid material in stream Train derailment Digging on stream bank Fire / explosion Removing vegetation Motor Vehicle Accident with fuel spill / chemical spill Liquid material Dry bulk / bagged material (10.02.2006) y / OA .�- .X 0 T2`� O a.r 1 cv 'i Aiv- 131 ' n l:V. i US Complaint Form Caller Name (optional) Phone Number (optional) County: Address of Complaint: Directions to complaint: Type of complaint: WWTP Major WWTP Minor 717+C kSAA- Da te Received/By: I 1 L�7 Ae Time: 1, M �y" 6awwa VV�`;o� .J sGoW-s cud�, C/acloW 64b6�5/,-0) Collection System 401Issues Stream Complaint: rr Muddy/Discolored Digging in stream Strange color/odor Solid material in stream Digging° on stream bank Removing vegetation Storm Water: Runoff from neighbor Runoff to stream Emergency Response: Train Derailment Fire/Explosion Motor Vehicle Accident with fuel spill/ chemical spill Liquid Dry Bulk/Bagged 0 BIMS Incident # J-Do-7 Complaint Form Caller Name (optional) Phone Number (optional) County: 6Au,,!0a Address of Complaint: ��(/(�^/� lot.IV' Directions to complaint: Type of complaint: WWTP Major WWTP Minor Collection System O1�Ssueb Stream Complaint: Muddy/Discolored Digging in stream Strange color/odor Solid material in stream Digging on:stream Removing vegetation Storm Water: Runoff from neighbor �Jy�CRS�d+— 171L .L.� Date Received/By: Time: J}r5oV�= A, s 1�ww Runoff to stream Emergency Response: Train Derailment Fire/Explosion Motor Vehicle Accident with fuel spill/ chemical spill Liquid Dry Bulk/Bagged A6 BIMS Incident # ZOO—/0 O z7qlg- 4/6,04V �uO/v2Ty �- M" 1515 .A17 1287 OP. 1793-*."? 1439 Ca 1429 1513 143 yp I N 23W .2& N�' I BUS. C,A FAS 23E .1 BUS. .38 St. SY POP-1, 9 1355 1447 um !A44 CY 1372 26 1442 O 33 1521 15231522 1525 1521 2 IAA, 74 1440 1520 a. Liberty Lill 1431 Ch. 1437 IA76 1477 1477 IA37 S's 1438 30 1794 11791 ,7 :ILI 2 14'9 la -' 1 �71 1312 Beta 31 .42 .53 um 1452 Complaint Form Date Received/By: 02/09/2007 — Larry Frost Time: 02: pm Caller Name (optional) Don Jones Phone Number (optional) cell — 828.508.1425 Other — 828.743.9017 County: Jackson Address of Complaint: Glenville (no address known) — Cedar Creek at NC 107 Directions to complaint: Glenville - NC 107 South of Cullowee Type of complaint: BIMS Incident # 200700594 Storm Water: Runoff from neighbor Runoff to stream — - I �) a 7kl�- / 7 All discolored water running to Cedar Creek then to the lake, - May be coming from 2 different developments in the area (one is named Cascades of Cedar Creek) - Mr. Jones contacted Robbie Shelton with Jackson County Erosion Control, Mr. Shelton has supposedly fined the owners for the dirty deed and needs DWQ assistance according to Mr. Jones - I called Robbie Shelton and left a message (828.631.2256) 4ovu L ul- 'RC-"-4)- A-C-A�� ARA Incident Type: Complaint Category: Other Incident Started: 02/26/2007 County: Jackson City: Farm #: Responsible Party: Owner: Permit: -Facility: First Name: Middle Name: Last Name: Address City/State/Zip: Phone: Incident Report Report Number: 200701155 Material Category: Estimated Qty: UOM DD:MM:SS Decimal Latitude: Longitude: Location of Incident: car wash at Plum Street Sylva Address: City/State/Zip On -Site Contact: First/Mid/Last Name: Company Name: Phone: Pager/Mobile Phone: / Reported By: First/Mid/Last Name: Donald Holland Company Name: Address: City/State/Zip: Phone: (828)371-2600 Pager/Mobile Phone: / Chemical Name Reportable Qty. lbs. Reportable Qty. kgs. Position Method: Position Accuracy: Position Datum: Report Created 03/27/07 01:15 PM Page 1 Cause/Observation: green soap reaching storm drain from car wash Action Taken: requested owner stop the use of the soap Incident Questions: Did the Material reach the Surface Water? Unknown Surface Water Name? Did the Spill result in a Fish Kill? Unknown If the Spill was from a storage tank indicate type. Containment? Unknown Cleanup Complete? Unknown Water Supply Wells within 1500ft: Unknown Event Type Report Received Referred to Regional Office - Primary Contact Report Entered Incident Start Directions: plum street is across from Lowes and the SECU Comments: owner stopped immediately Conveyance: Estimated Number of fish? (Above Ground or Under Ground) Groundwater Impacted : Unknown Event Date Due Date 2007-03-27 02:14:54 2007-02-26 01:00:00 Comment Report Created 03/27/07 01:15 PM Page 2 Standard Agencies Notified: Agency Name Phone Other Agencies Notified: Agency Name Phone DWQ Information: First Name • M.I. Last Name Contact Date First Name M.I. Last Name Contact Date Report Taken By: Report Entered By: Regional Contact: Larry Frost Larry Frost Larry Frost Phone: Date/Time: 2007-03-27 02:14:54 PM Referred Via: Did DWQ request an additional written report? If yes, What additional information is needed? Report Created 03/27/07 01:15 PM Page 3 Jackson County Real Estate Data Parcel Summary PIN # 7641-71-7782 Owner Account ID 120192 Location Address Property Description PLUM ST PLUM ST Summary Building Land deeds Page 1 of 1 7— 1/�S a �� Property Owner Owner's Mailing Address Property Description HOLLAND, DONALD W 30 PARRISH LANE PLUM ST HOLLAND, JAMIE P FRANKLIN NC,28734 Administratve Data Transfer Information See Tax Card for Assessed Value Acreage 0.19 Per Deed Map Sheet 7641.04 Book/Page 1206/0030 Plat Reference Deed Date 2003-11-13 Census Tract 9504 Instrument Type City Boundary * Revenue Stamp Township Sylva City Sale Price 400,000 Fire District * Additional Ref. History ID 1 History ID 2 * Inr3rmation Not Available Online at This Time DISCLAIMER This information is for the purpose of inventory of real property in Jackson County. It is complied from recorded deeds, plats, and public data records. Users of this information are hereby notified that the aforementioned public information sources should be consulted for verification. Jackson County or any employee, representative, or contractor employed by the County assumes no legal responsibility for the content of this information or this website. http://landroll jacksonnc.org/?name=mstLandRoll&realm=search&action=parcel_Sununary&mapview=l... 2/26/2007 Incident in Jackson County (SYLVA) on 02/21/2007 04:14:52 PM NC Division of Emergency Management Page 1 of 2 Emergency Report Form (Rev 2.0) Taken by: M Cline JjDate Reported: 02/21/2007 ITime Reported: 04:14 PM Date Occurred: 02/21/2007 Time Occurred: 03:39 PM Reported by:. Kevin Sellers Agency: Jackson County 911 Phone: 828-586-1911 County: Jackson City: SYLVA I EM Area: W 15 ether Event: Event Name: EVENT TYPE HazMat Event: Kerosene HazMat Class: Petroleum HazMat Mode: Other FNF Event: Non-FNF Event: SAR Event: FNF Type: FNF Class: Event: ER EVENT: Complaint: Event Description: Jackson County officials reported a suspected Kerosene spill in a small creek that leads to the Tuckasegee River. There was a fish kill discovered and what appears to be kerosene. The quantity of the spill and the source is unknown at the time of the report. Jackson County EM is requesting to speak with a representative from Division of Water Quality. Attachments: NATIONAL RESPONSE CENTER.doc Igaths: Injuries: I Evac: Radius: Responsible Party: RP Phone: Point Of Contact: POC Phone: Event Location: Near Highway 107 in the Fairview Community Latitude (decimal degrees ) (NC inland range is 33.840 - 36.588 degrees. Values outside these parameters may be used.) Longitude (decimal degrees) (NC inland range is 75.460 - 84.322 degrees. Values outside these parameters may be used.) USFS Block -Square -Point Svstem: Block= Square= Point= IIRRT Request: State IIRRT Mission No.: 070221-6004 IIRRT Team Number: 6 II RRT Information COUNTY AGENCIES LIv?MC: Y SO: PD: LFD: Y CHealth: Sewer: PWRK: OtAer Local Agencies: STATE AGENCIES EA C: A SHP/SWP: Env. Mgt: Water: A DRP: CAP: DOT: DMV: ier State or Federal Agencies: N6tes: 1613- Jeff Poupart, DWQ, briefed and given contact information. 1619- J. Cardwell briefed. 1651 - Kevin (Jackson 911) called in update. Todd Dillard (Co EM) is on scene and requesting RRT 6. They still have not found the source of the Kerosene and there is several fish killed in the stream it is spilling into. T. Dillard cell (828-269-1429). 1652 - J. Cardwell paged. 1656 - J. Cardwell, neg contact via cell. Left voice message. 1659 - M. Cook briefed. He is going to get a hold of J. Cardwell while I start the approval process. 1705 - Contacted Dep Chief G. Cornett. He would want to take a Tier Level III-B due to not knowing what they are getting into and the response time. hYl'o://'f49.168.212.17/EM live/ENMeport.NSF/b66533df2a86c4Ob852566e1007f74ld/l39Od32119acO97... 2/22/2007 Ir �ident in Jackson County (SYLVA) on 02/21/2007 04:14:52 PM Page 2 of 2 17.12 - J. Cardwell, T. Dillard, and Chief Cornett conferenced together. 17'`1;3 - DDO Sprayberry briefed. Wants to get in the conference call with the others. DDO Sprayberry is calling Dep Sec Rudisill for mission approval. 17,19 - Betty (Wildlife) briefed. 1720 - DDO Sprayberry called. Dep Sec Rudisill has approved the mission. 1724 - J. Cardwell called. Danny Gee will be responding. 1724 _ RRT 6 briefed mission approval. They are taking 15 personnel and both trucks. They will be staging at South West Community College. 1728 - D. Gee briefed on staging area. 1730 - A. Ikerd briefed. ^ 1732 - M. Cook briefed. 1758 - D. Gee called via 800 Radio. He is enroute with an ETA of 45 to 50 minutes. He will be on cell or Satcom Radio. 1800 - RRT 6 called in update. They are enroute with an ETA of 45 to 50 minutes. 1801 - T. Dillard briefed on RRT 6's ETA. 1803• - D. Gee briefed on RRT 6's ETA. 1903 - D.Gee is on scene. 1905 - A. Ikerd briefed that RRT 6 is on scene. 1922 - Lt Clendenin (PIO) briefed. 1952 - D. Gee called in update. Someone from SBI had been on scene earlier and did a test that showed the substance as Tetra something, the RRT and a rep from a clean up company can not find it in any of their books so RRT 6 is going to collect several sample from different locations along .the stream to try to find out what it is. They still have no been able to find a source or a responsible party. A rep from Mountain Environmental is on scene and they will probably be the ones that do the clean up. 2036 - DDO Sprayberry called to find out what the status is. Briefed him on last update. He ask to talk to D. Gee. Conferenced together. 21,10 - D. Gee called in update. RRT 6 had a 86 % hit that substance is Manganese Chloride, clean up rep said that it is a type of sal4%that is water soluble. They have not been able to figure out what the solvent is yet. They are sending people up and down stream taking samples to try to figure out where it is coming from. Mountain Environmental has a plan on how they will handle clean up tomorrow. County will probably put out a statement to keep animals out of the creek until clean up is finished. 2237 - D. Gee called in update. They have found a leak at an Exxon Station (Triple B) on US 107 and also found a brand new culvert that had been put in and the Manganese Chloride is from a coating on it, and the spill substance is a combination of both. Do not have an amount of product spilled from the gas station, they are in process of checking the tank. 2231 - Tarance (EPA) called requesting an update. Briefed him. He ask to speak to someone on scene, connected to D. Gee. 2265 - D. Gee called in update ... RRT-6 has ruled the Exxon station out for a leak ... still unknown at this time the source of the leak..jm 2326 - D. Gee called in update ... RRT-6 has completely ruled out the Exxon Station for any kind of leaks, several test were done in6juding a pressure test on the tanks and it was confirmed that no leak was coming from the gas station ... upon further inii�:stigation RRT-6 located a culvert that led to some under storage tanks on some property behind the Exxon station where the coi.'Inty is building a ball field on and its believe thats where the leak is coming from. EPA will be on scene tomorrow morning for further investigations. (storage tanks are on county owned property) 23; 2 - D. Gee clearing the scene, Mike Cook and Jeff Cardwell paged. 225 - RRT-6 clearing the scene. 2/232/07 0832 - Danny Gee back enroute to Jackson Co to meet with EPA 09( 9 - Larry Frosy w/ DENR DWQ ASheville advised NC DENR Rep enroute to Jackson Co. 14,2 - Danny clearing the scene. EPA could not find source and beleived the fuel was dumped into the creek. Booms are in the crrpk and scene was turned over to NC DENR DWQ Regional Ofc. EM Hours: SAR Hours: Call #: ii htt.'.H149.168.212.17/EM live/EMReport.NSF/b66533df2a86c40b852566e1007f74ld/1390d32119ac097... 2/22/2007 Incident in Eastern Band of Cherokee Indians County (RURAL) on 09/20/2006 05:09:21 PM Page 1 of 2 ken bv: J Peters Date Occurred: 09/20/2006 Reported by: Molly Grant County: Eastern Band of Cherokee Indians NC Division of Emergency Management ��� 7— S� Emergency Report Form (Rev 2.0) Date Reported: 09/20/2006 Time Occurred: 04:30 PM Agency: Eastern Band of Cherokee Indians EM City: RURAL EVENT TYPE Weather Event: HazMat Event: Gasoline Wx Event Name: HazMat Class: Petroleum HazMat Mode: Fixed Facility Time Reported: 05:10 PM Phone: 828-736-2258 EM Area: W 14 FNF Event: Non-FNF Event: SAR Event: FNF Type: FNF Class: Event: ER EVENT: Complaint: Event Description: An unknown amount of gasoline has spilled believed to have come from an underground storage tank at a gas station and spilled into the Oconalustee River next to the water intake for the water treatment plant. They have had to shut down the treatment plant and want to talk to DENR. 21:J0 - Molly called in update requesting water for 6,000 residents for unknown duration due to only 3ft of water in storage tanks. Mo',iy advised that diesel fuel is being pumped out of the tanks and then cleanup will began. Request water to be delivered to 918 Acquoni Road in Cherokee. Another contact # for Molly 1-828-554-6156 9/21/06 1800 - D. Gee called in update. They are waiting on a signature to declare a State of Emergency. They will fax it here as soon as they get it. 1822 - D. Gee called in update. Looks like it will be at least 36 hours before they can restart the water treatment. They want to know if they start a food distribution site with ARC, will that request have to go through us or can they go straight to the ARC. Contacted Pete Montague (ARC) and conferenced in with D. Gee. 182.5 - Cliff Hamilton (Haywood Oil)(828-400-2152) to report the spill. The -source of the spill and the amount of the spill is undetermined at this time. Shelton Transport and Haywood Oil are on scene conducting clean up operations. Attachments: NATIONAL RESPONSE CENTER.doc NATIONAL RESPONSE CENTER1.doc NATIONAL RESPONSE CENTER 2.doc EB':I Stake of Emergency.pdf DAths: Injuries: I Evac: Radius: responsible Party: RP Phone: Pc int Of Contact: POC Phone: Event Location: Golden Eagle Exxon Station, 1629 Tsali Blvd, Cherokee, Swain Co, NC Lat'tude (decimal degrees ) (NC inland range is 33.840 - 36.588 degrees. Values outside these parameters may be used.) Lor<gitude (decimal degrees) (NC inland range is 75.460 - 84.322 degrees. Values outside these parameters may be used.) USES Block -Square -Point Svstem: Block= Square= Point= IIRRT Reauest: No IIRRT Mission No.: IIRRT Team Number: II COUNTY AGENCIES LEMC: Y SO: PD: LFD: CHealth: Sewer: PWRK: Other Local Agencies: STATE AGENCIES SHP/SWP: Env. Mgt: A Water: DRP: CAP: DOT: DMV: httl:)://1.49.168.212.17/EM live/EMReport.NSF/b66533df2a86c40b852566e1007f741d/91ad7be489bab58... 9/22/2006 Incident in Eastern Band of Cherokee Indians County (RURAL) on 09/20/2006 05:09:21 PM Page 2 of 2 Other State or Federal Agencies: Notes: 1710 - M. Cook paged. 1713 - DWQ paged. 1716 - Jennifer Everett (DWQ) briefed. She is going to contact M. Grant. 1723 - M. Cook briefed. 1905 - Jim Webster (EPA Atlanta)(404-902-2590) called. He is sending Terrence Byrd to the scene with an ETA of approx 4 to 5 hours. Would like for use to contact him if we receive any updates. 21:50 - M. Cook paged 21:56- M. Cook briefed he will contact Molly and contact us back. 22:03- PIO P. McQuillan notified. 2240 - M. Cook called in update. He has contacted M. Grant. They have already given out the water they had on hand in their warehouse. They will be able to get water from their bottling factory in South Carolina in the morning. The water they where requesting was for tonight but M. Cook found Ingles Warehouse in Buncombe Co and the tribe chief has authorized them to get the water from them since they can get it there faster than we could. Ingles warehouse will deliver it tonight. It is possible that they wohj be able to get the scene cleaned up for 2 days, so they might have to contact us tomorrow to request water. They also might corE'tact us latter tonight to request a pump to pump water into the treatment facility from above the spill. 23:20- M. Cook advises that Danny Gee will be on scene 9/21/2006 in the morning to provide support. At this time, it has been rep6rted that schools and public offices will be closed for 9/21/2006. 02,30- Molly Grant requested to speak with M. Cook reference a request for NCNG assistance with water buffalo. M. Cook advsed he attempted contact with M. Grant and left a message for her to return his call. 0720 DDO(MS) briefed on incident,jnr 0835hrs today LEMC and CWTP made request for a 1400 GPM pump if available via state resource (attempting a search)jnr UPDATES: * Denny has been in planning meetings w/ LEMC and others, also in contact with water treatment plant this morning. * SHP has agreed to fly water samples to Raleigh to determine if the plant has drawn in any contaminated water, if not the plant can resume pumping possibly on Friday if the testing is negative. (If the plant has pumped in any gas/water mixture a clean up will hava to be conducted. *.The EBCI is attempting to determine if the USCOE has a 1400OPM pump available for use if needed. Otherwise a private vendor may be needed and the EBCI are aware of that. 0957 - Jim Brown is contacting Danny Gee direct with private contractors for a 1400 a minute a gallon pump. s;1 DD,O has been briefed about three time since 0730, also WBO has been briefed as of 1100, jnr 11 :0 - Jennifer w/ DOT advised they do not have any large pumps in the west, however they do have 2 pumps out east but they are in use. Danny Gee and Sprayberry notified. Danny Gee advised he has a private contractor's number from Jim Brown for a pump. 1357 - Danny Gee advised that they might need the pumps after all ... The City of Asheville has pumps that can a requested mu-'ual aid, if there is a need. SHP has the water sample, but it has not left the ground yet. Danny is staying on the scene until the samples come back, hopefully around 1800 hours. Sprayberry notified 1509 - linked Danny Gee with Steve Sloan ref declaring a State of Emergency and how it will affect federal assets that are available. 1955 - D. Gee is departing the scene. He will be back tomorrow. 2000 - P. Montague called. Conferenced in Shelly (EM) to talk about feeding. Debra (ACR in Asheville) will call Shelly to coordinate directly to get ARC ERV's and volunteers for mass feeding. 2105 - D. Gee has arrived home. He will contact the EOC in the morning when he is enroute back to scene and again when he gets there. Hours SAR Hours: Call #: htto,'-,H149.168.212.17/EM_live/EMReport.NSF/b66533df2a86c40b852566e1007f741d/91ad7be489bab58... 9/22/2006 6 7 'F-09� ZZ-17, f511 c9 7. 3 V 0-57 :z Z2 -0 OLO a 7' &22, /A ti V, z DO W*,UIE MSJ-00000-1 03-0699 1111111111111111111111111111111111111 BOOOO-103 rro stjssosep Mion, s Memorial Mission Hospital Asheville, NC28801 Progress Record ' Incident in Jackson County (SYLVA) on 06/24/2006 11:42:44 AM Page 1 of 1 NC Division of Emergency Management Emergency Report Form (Rev 2.0) Taken by: J Ray Date Reported: 06/24/2006 Time Reported: 11:45 AM Date Occurred: 06/24/2006 Time Occurred: 11:30 AM71 Reported by: James Ledford Agency: Citizen I Phone: 828-586-3833 County: Jackson City: SYLVA EM Area: W 15 EVENT TYPE Weather Event: HazMat Event: Wx Event Name: HazMat Class: N/A HazMat Mode: N/A FNF Event: Non-FNF Event: SAR Event: FNF Type: FNF Class:., Fire Event: Complaint: Citizen OTHER EVENT: Event Description: The NCEOC received a citizen complaint regarding an individual reportedly dumping topsoil into Turtle Creek along Hwy-441 near Sylva. The incident was reported to the county for follow up action. Attachments: The suspect was believed to be a Wayne Smith Deaths: IFInjuries. Evac: Radius. Responsible Party: 11RP Phone: Point Of Contact: POC Phone: Event Location:. Latitude (decimal degrees ) (NC inland range is 33.840 - 36.588 degrees. Values outside these parameters may be used.) Longitude (decimal degrees) (NC inland range is 75.460 - 84.322 degrees. Values outside these parameters may be used.) USFS Block -Square -Point Svstem: Block= Square= Point= IIRRT Request: No IIRRT Mission No.: IIRRT Team Number: II COUNTY AGENCIES LEMC: A SO: JPD: LFD: CHealth: Sewer: PWRK: Other Local Agencies: STATE AGENCIES SHP/SWP: jEnv. Mgt: Water: DRP: CAP: DOT: DMV: Other State or Federal Agencies: Notes: DG briefed and county advised EM Hours: SAR Hours: Call #: http://149.168.212.121EM live/EMReport.NSF/b66533df2a86c40b852566e1007f74ld/4e9db369b683da4... 6/26/2006 Incident in Jackson County (OTHER (SEE EVENT LOCATION)) on 06/02/2006 05:35:02 PM Page 1 of 1 NC Division of Emergency Management Emergency Report Form (Rev 2.0) Taken by: D Curtis Date Reported: 06/02/2006 Time Reported: 05:37 PM Date Occurred: 06/02/2006 IlTime Occurred: 05:37 PM Reported by: Jacob Ivy Agency: Citizen Phone: 828-497-0972 County: Jackson City: OTHER (SEE EVENT LOCATION) EM Area: W 15 IAT/:1101110vj:j:I Weather Event: HazMat Event: Wx Event Name: HazMat Class:.N/A HazMat Mode: N/A FNF Event: Non-FNF Event: SAR Event: FNF Type: FNF Class: Fire Event: Complaint: Citizen OTHER EVENT: IF - Event Description: Caller explained that Tommy's Creed was running "pure mud" and would kill all of the fish. He further explained his suspicions of someone upstream not having silt fences in place, which has caused the event. Attachments: IlDeaths: Illniuries: IlEvac: IlRadius: II lResponsible Party: JJRP Phone: Point Of Contact: 11POC Phone: Event Location: 920 Holly Jumper Rd, Whittier NC Latitude (decimal degrees ) (NC inland range is 33.840 - 36.588 degrees. Values outside: these parameters may be used.) Longitude (decimal degrees) (NC inland range is 75.460 - 84.322 degrees. Values outside these parameters may be used.) USFS Block-Sauare-Point Svstem: Block= Square= Point= IIRRT Reauest: No IIRRT Mission No.: . IIRRT Team Number: II COUNTY AGENCIES LEMC: SO: ]IPD: LFD: CHealth: Sewer: PWRK: Other Local Agencies: STATE AGENCIES SHP/SWP: Env. Mgt: A Water: DRP: CAP: DOT: DMV: Other State or Federal Agencies: Notes: 1734-Paged AC Cardwell 1739-Briefed AC Cardwell 1740-Briefed Wildlife dispatch 1739-Paged DENR WQ EM Hours: SAR Hours: http://149.168.212.12/EM_live/EMReport.NSF/b66533df2a86c40b852566e1007f74i d/41b18ef452c9e997... 6/5/2006 Incident in Jackson County (SYLVA) on 06/19/2006 Page 1 of 1 NC Division of Emergency Management Emergency Report Form (Rev 2.0) Taken by: Jackson County 911 Center Date Reported: 06/19/2006 Time Reported: 02:04 PM Date Occurred: 06/19/2006 Time Occurred: 11:30 AM Reported by: Carl Bunchanan Agency: Citizen Phone: 828-497-2450 County: Jackson City: SYLVA EM Area: W 15 EVENT TYPE Weather Event: HazMat Event: Diesel Fuel Wx Event Name: HazMat Class: Petroleum HazMat Mode: Transportation FNF Event: Non-FNF Event: SAR Event: FNF Type: FNF Class: Fire Event: Complaint: OTHER EVENT: Event Description: A dump truck wrecked on it side which cause a small leak of diesel fuel to spill out. The small leak of diesel fuel was confined from entering into to Rocky Branch Creek. The fuel tanks was pumped to stop the follow of diesel fuel. Attachments: (Deaths: 0 Injuries: 0 Evac: 0 Radius: 0 Responsible Party: RP Phone: Point Of Contact: POC Phone: Event Location: Latitude (decimal degrees ) (NC inland range is 33.840 - 36.588 degrees. Values outside these parameters may be used.) Longitude (decimal degrees) (NC inland range is 75.460 - 84.322 degrees. Values outside these parameters may be used.) USFS Block -Square -Point System: Block= Square= Point= IIRRT Reauest: No IIRRT Mission No.: IIRRT Team Number: II COUNTY AGENCIES LEMC: Y SO: Y PD: LFD: Y CHealth: Sewer: PWRK: Other Local Agencies: Jackson County Rescue Unit One STATE AGENCIES SHP/SWP: Y Env. Mgt: Water: DRP: CAP: DOT: DMV: Other State or Federal Agencies: Notes: EM Hours: SAR Hours: Call ##: http://l49.168.212.12/EM live/EMReport.NSF/b66533df2a86c4Ob852566e1007f74ld/adb6594Ob2Ol6bl... 6/21/2006 Incident in Jackson County (DILLSBORO) on 10/28/2006 06:02:45 PM NC Division of Emergency Management Page 1 of 1 r-mer enc Ke ort Form (Rev2.0) Taken by: J Peters Date Reported: 10/28/2006 Time Reported: 06:04 PM Ete Occurred: 10/28/2006 Time Occurred: 12:00 PM Reported by: David Garner Agency: Duke Energy Phone: 864-461-9242 County: Jackson JFCKT, DILLSBORO I EM Area: W 15 EVENT TYPE Weather Event: HazMat Event: Mineral Oil (Non -PCB) Wx Event Name: HazMat Class: Petroleum HazMat Mode: Fixed Facility FNF Event: Non-FNF Event: SAR Event: FNF Type: FNF Class: (Fire Event: IOTHER EVENT: Complaint: Event Description: Approx 40 gallons of Non -PCB Mineral Oil spilled due to vandalism. No water source effected. Clean up was completed by Duke Energy. Attachments: IDeaths: Injuries: Evac: Radius: Responsible Party: IFRP Phone: Cint Of Contact: POC Phone: Event Location: 403 Haywood St, Dillsboro, NC Latitude (decimal degrees ) (NC inland range is 33.840 - 36.588 degrees. Values outside these parameters may be used.) Longitude (decimal degrees) (NC inland range is 75.460 - 84.322 degrees. Values outside these parameters may be used.) USFS Bloc k-Sauare-Point Svstem: Block= Square= Point= IIRRT Request: No IIRRT Mission No.: IIRRT Team Number: II COUNTY AGENCIES LEMC: SO: ]IPD: LFD: CHealth: Sewer: PWRK: Other Local Agencies: STATE AGENCIES A/C: =SHP/SWP: IlEnv. Mgt: Water: DRP: CAP: DOT: DMV: Other State or Federal Agencies: Notes: EM Hours: SAR Hours: Call #: 4ttt://149.168.212.17/EM live/EMReport.NSF/b66533df2a86c40b852566e1007f74ld/38f5666b68d210... 10/30/2006 [Fwd: [Fwd: Possible Fuel Leak Reaching Surface Waters]] /C Subject: [Fwd: [Fwd: Possible Fuel Leak Reaching Surface Waters]] From: Roger Edwards <Roger.Edwards@ncmail.net> Date: Fri, 17 Mar 2006 08:21:34 -0500 To: Larry Frost <Larry.Frost@ncmail.net>, Keith Haynes <Keith.Haynes@ncmail.net> Larry/Keith Please check this out as soon as your schedule permits. I did not see anything on EM 43. Thanks, R. Edwards Roger Edwards - Roger.Edwards@ncmail.r_et .................__.......................................__._.._. ......... _.... ..... North Carolina Dept. of Environment and.... Natural Resources - Asheville Regional Office Division of Water Quality - Water Quality Section 2090 U.S. 70 Highway Swannanoa, NC 28778 Tel: 828-296-4500 Fax: 828-299-7043 Subject: [Fwd: Possible Fuel Leak Reaching Surface Waters] From: Mike Parker <Mike.Parker@ncmail.net> Date: Thu, 16 Mar 2006 11:32:51 -0500 To: Roger Edwards <Roger.Edwards@ncmail.net> Mike Parker - M--L.ke.Pa.rker@ncmail.riet-- North Carolina Dept. of Environment and Natural Resources Asheville Regional Office Division of Water Quality - Water Quality Section 2090 U.S. Highway 70 Swannanoa, NC 28778 Tel: 828-296-4500 Fax: 828-299-7043 Subject: Possible Fuel Leak Reaching Surface Waters From: Owen Anderson <ofanderson@dot.state.nc.us> Date: Thu, 16 Mar 2006 11:20:58 -0500 To: 'Barnett, Kevin" <kevin.barnett@ncmail.net>, "Parker, Mike" <Mike.Parker@ncmail.net> CC: "Wanda Roach, PE" <wroach@dot.state.nc.us>, "Moldenhauer, Denise" <Denise Moldenhauer@fws.gov> Yesterday, some of our folks were inspecting culverts along NC 107 in Sylva. A very strong odor of disel fuel was noticed at a culvert in close proximity to Stansberry. Insurance and the Enmark Gas Station just south of Sylva. 1 of 2 3/17/2006 2:20 PM [Fwd: [Fwd: Possible Fuel Leak Reaching Surface Waters]] n I am sending this to both of you to hopefully speed up.the response as I was not sure Kevin if this is your area. Please forward to the appropriate responsible person and please advise me of actions taken. If I can provide additional assistance, please let me know. This stream does flow to critical habitat for the Appalachian elktoe mussel and to trout waters. Thanks Owen Mike Parker <Mike.Parker(a,ncmail.net> NC DENR - Asheville Regional Office Division of Water Quality - Water Quality Section Roger Edwards <Roger.Edwardsna ncmail.net> NC DENR - Asheville Regional Office Division of Water Quality - Water Quality Section [Fwd: Possible Fuel Leak Reaching Surface Waters] Content -Type: message/rfc822 Content -Encoding: 7bit Possible Fuel Leak Reaching Surface Waters Content -Type: message/rfc822 Content -Encoding: 7bit 2 of 2 3/17/2006 2:20 PM BESTACHEE BALD ELEV.-5,865 LAUREL PATCH BALD k L A 41 s u••••MTIJ. •••• BEAR CREEK F O R E S T BELL CONEY MTN. ELEV. 4AW BIG KNOB Ot MOT :M` 1J 1173 !49 0 w JA D .cif' A/ZJ A/V r ,,It ✓ MANAGEMENT .. .- e11 14�1 ...,::::._<.1. AREA �y BUCK MTN: ::: Black Moimlvin „ gEV. ,6,275 <� 1 O iANASEE BALD ELEV. 5,622 t PISGAH ........... ..: WILDLIFE 215 � MANAGEMENT , `qs AREA nsa Y t5, 4 350 F U ?� PISGAH r} Z y `+ BAID ROCK 1759 17624* t r . i LrvASEE GAP 1762 '' NATIONAL Wolf Mountain D Wolf Mtn. Ch. 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II _. -At& C.A....de 9 it.' f ,, / At 11 �-� 11 ..,_ - ; ,. 0 a 6 0, 1+6 6 11 Complaint in Cashiers Subject: Complaint in Cashiers From: Kevin Barnett <Kevin.Barnett@ncmail.net> Date: Mon, 31 Jul 2006 10:00:45 -0400 To: Roy Davis <Roy.Davis@ncmail.net>, spring alien <SPRING.ALLEN@ncmail.net> Mr. Skip Ryan called: 2 phone numbers (828) 743-3612 (828) 226-2588 Lives down stream of automotive repair facility in Cashiers. All vegetation along stream banks dying. ? possible pollutants from upstream facility ? Thank you for your attention on this matter, Kevin Kevin Barnett - Kevin.Barnett@ncmail.net North Carolina Dept. of Environment and Natural Resources Asheville Regional Office Division of Water Quality - Water Quality Section 2090 U.S. 70 Highway Swannanoa, NC 28778 Tel: 828-296-4500 Fax: 828-299-7043 Kevin Barnett <Kevin.Batnett@ncmail.net> NC DENR - Asheville Regional Office Division of Water Quality - Water Quality Section rf 1 of 1 8/1/2006 8:05 AM —ems /74/e72_S sir /el / 731-V, /4) 111 ic,s4 C t4 _ D?7o 570: 0 -o s /V-41-tier 20" —/?;' 7c,43 ? 493 - `.._ _a'" 1 Aelo James D. Simons, P.G., P.E. Director and State Geologist February 7, 2006 CERTIFIED MAIL • RETURN RECEIPT REQUESTED ' '. NCDENR North Carolina Department of Environment and Natural Resources Division of Land Resources Land Quality Section �_ry if {1 FEB 9 2006 �/V/�TE _C]UAll Y SECTI.ON i_� ASFiEVILLE F t ,CI r� 0tfiC Mr. William McKee McKee Development Corporation Post Office Box 523 Cashiers, North Carolina 28171. RE: Approval of Repairs Hertz Dam Jackson County JACKS-027-I Dear Mr. McKee: This concerns the subject dam recently repaired pursuant to issuance of an Approval to Repair on August 11, 2005 as required by the Dam Safety Law of 1967. Record Drawings and the engineer's certification along with the Emergency Action Plan and Operations and Maintenance Plan were received on December 1, 2005 and December 19, 2005. The dam was certified by Mr. Mark C. Brooks, PE of Brooks and Medlock Engineering, PLLC.'. Land Quality Section staff of the Asheville Regional Office made an inspection of this dam. The clam was found to be in general conformance with the approved plans and specifications, and is approved, subject to the following stipulation:' . " The straw mulch applied to the slope repair area appears to have blown off. It is recommended the erosioncontrol matting be placed as temporary groundcover until a permanent ground cover is established. Some rill erosion is occurring because ground cover is not yet established. ` Additional seeding may be necessary once planting season arrives. Michael F. Easley, Governor William G. Ross Jr., Secretary. ; (.SEC rioN 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. McKee February 7, 2006 Page2of2 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 according to the Operation and Maintenance Manual dated November 28, 2005, and that you follow the procedures in your Emergency Action Plan dated November 28, 2005 if you see or suspect any problems concerning its safety. Sincerely, Maxwell R. Fowler, PE State Dam Safety Engineer MRF/TVI cc: Ms. Janet Boyer, PE, Asheville Regional Engineer Mr. Mark C. Brooks, PE, Brooks and Medlock Engineering, PLLC Mg: Roger Edwards - Water Quality Regional Supervisor Jackson County Erosion Control: 401 Grindstaff Cove Road, Suite 254 Sylva, NC 28779 (828) 631-2261/ ( 3® Project: Ca.4i ",c,,,id 1-1o4r,/ Person Financially Responsible: Ed,/ Address: J 4 ( 4.li/. 1 s/.� fie r �io e.� �.- 5.1 19 C if/G o28.a 519or 1.Project Location c,Alitm/X.Do Pictures: Yes io❑Prints ❑ Slides ❑ Digital 0 Video 0 2.Weather and Soil Conditions /64,6, 3. Is the site currently under notice of violation? Yes C" No 0 4. Is the site in compliance with the S.P.C.A. and the rules? Yes 0 No V no, check violations below: 5. Violations: ❑a. No approved plan, G.S. 113A-57(4) and 15A NCAC 4B.0007(c) ❑b. Failure to follow approved plan, G.S. 113A-61.1 ❑c. Failure to submit revised plan, G.S. 113A-54.1(b) and 5A NCAC 4B.0018(a) of Failure to provide adequate groundcover, G.S. 113A-57(3) d 15A NCAC 4B.0007 or 15A NCAC 4B.0024(e) . Insufficient measures to retain sediment on site, G.S. 113A-57(3) ailure to take all reasonable measures, 15A NCAC 4B.0005 nn 6. NPDES Permit Violation? Yes t 10 0 Describe No 7. Has sedimentation damage occurred since last inspection? Yes ftNo 0 If yes, check all that apply: Lake/natural watercourse on the tract 0 Lake/natural watercourse off the tract E"..-other property +C�� Description (J,uet -ton' he, L y o - Cv/lex,1AA_ Cv- - C/ass' -- C, %r- Degree of damage: Slight 0 Moderate le- Severe 0 8.Contact made with (name) �lip.v2. Inspection report given 0 or sent E3-1.5 person financially responsible e Date given/sent 9.Corrective actions needed: meoD i` ,L p o 14- f e-c1-.sur1 ;,w Project - j i g' ❑g. Inadequate buffer zone, G.S. 113A-57(1) ❑h. Graded slopes and fills too steep, G.S. 113A-57 (2) or 15A NCAC 4B.0024(d) 'Jn otected exposed slopes, G.S. 113A-57(2) ailure to maintain erosion control measures, 15A NCAC 4B.0013 ❑k. Other(describe) Title Amota ;h/�n Grre. -k -s,/f re-e2 dd.va! ®re,u Go1.-42r- .t.-e-4dirt ,4 4 P fee -el -,H u/Fert /,'io e,vosgcif are_et, - c4 e_ �- c✓kcal drve.• C1 t `T11� v,r4; P.f J'Gt ()S15,.s .t/P *N/ 'Qlf`DS,r,r1 JQitn� 10. Comments: Report By: jev J S. it, Mdv Date of Inspection: //-i3-S Others present Time of Inspection : !? - �.,., 4 ___, - rt cc: (/(. 0 /: tWQ ad'o US Hwy 76 SWa/vAla-N oc,j Ale - DEC - 1 2005 Wilson, Susan A From: William Stephenson <telecomtrainer@bellsouth.net> Sent: Friday, May 31, 2013 9:53 AM To: Wilson, Susan A Subject: NCG010000 Ms. Wilson, In response to your letter on 5-14-2013 "Notice of Violation and Recommendation for Enforcement" the following is what I have done and intend to do to correct the situation on project identified on Permit NCG010000. On 5-15-2013 I placed three silt fences above and below my property line in the slide area to prevent future erosion of soils. On 5-16-2013 I graded and re -sloped road and installed a berm along the edge of the road to prevent water and soil from eroding downhill. I have contacted a local contractor to assess the project and affected area and to hydro -seed the slopes, roads and slide area to prevent future erosion of soils per your instructions. Mr. Ensley has not started seeding at time of this writing due to his work schedule but will advise me when complete. Thank you for your diligence and patience in this matter. Ray Stephenson 919-605-4344 i North Carolina Department of Environment and Natural Resources Division of Water Quality Charles Wakild, P.E. Pat McCrory Director John E. Skvarla, III Governor Secretary May 14, 2013 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7010 1870 0003 0875 3275 Mr. W.R. Stephenson 5707 Old Stage Road Raleigh, NC 27603 SUBJECT: NOTICE OF VIOLATION and RECOMMENDATION FOR ENFORCEMENT Arbor Ridge Subdivision NOV-2013-PC-0177 Construction Stormwater Permit NCG010000 Stream Standard Violation - Other Waste (In -stream sediment) Jackson County Response deadline: June 3, 2013 Dear Mr. Stephenson: On April 30, 2012, Susan Wilson from the Asheville Regional Office of the Division of Water Quality (DWQ) conducted a site inspection at Arbor Ridge in Jackson County. Robert Shelton, Jackson County Planning, was also present during the inspection. Construction Stormwater Permit NCG010000 and stream standard violations were noted during the inspection and file review. Sediment impacts to Reed Branch (and tributary), as well as an off- line pond, were also documented. As a result of the site inspection and file review, the following violations were identified: VIOLATIONS I. Construction Stormwater Permit NCG010000 - A Construction Stormwater Permit (NCG010000) is issued upon the approval of an Erosion and Sedimentation Control Plan for sites greater than one acre. SURFACE WATER PROTECTION SECTION — ASHEVILLE REGIONAL OFFICE Location: 2090 U.S. Highway 70, Swannanoa, North Carolina 28778 Phone: 828-296-4500\ FAX: 828-299-7043 �`Z/Internet: www.ncwaterquality.org An Equal Opportunity 1 Affirmative Action Employer NorthCarolina Naturally Mr. Stephenson May 14, 2013 Page 2 of 3 a. Final Limitations and Controls for Stormwater Discharges (Part I. Section A. No. 2) Failure to follow Erosion Control Plan, as cited Jackson County Erosion and Sediment Control Notice of Violation dated May 2, 2013, represents a violation of NCGO10000 Permit. b. Schedule of Compliance (Part I. Section C. No. 2) Failure to operate and maintain stormwater controls to optimum efficiency as cited by Jackson County Erosion and Sediment Control Notice of Violation dated May 2, 2013, represents a violation of NCG010000 Permit. II. Stream Standard Violation -Other Waste (In -stream sediment) 15ANCAC 02B .0211 (3)f — Reed Branch (and unnamed tributary), a Class C stream in the Little Tennessee River Basin, as well as a portion of an off-line pond, was impacted by pockets of sediment deposition at least 6 inches in depth, representing Water Quality Stream Standard violation of 15A NCAC 02B .0211 (3) (f). REQUIRED RESPONSE The DWQ requests that you respond by June 3, 2013. Your response should be sent to the attention of Susan Wilson, Division of Water Quality, 2090 US HWY 70, Swannanoa, NC 28778 and should address the following items: 1. Construction Stormwater Permit NCGO10000 a. Please explain when you anticipate being in full compliance with your Erosion and Sediment Control Plan and the NCGO10000 Permit. b. You should include in your response an explanation of why proper operation and maintenance of stormwater and erosion control measures was not performed to optimum efficiency and how you propose to prevent these problems from reoccurring on this project and on future projects. 2. Stream Standard - Other Waste (In -Stream Sediment) a. Please provide a map of the project area. The map must include all streams and wetlands, detailing impacts both on- and off -site. b. Please submit a Sediment Removal Plan (Plan) to this office for review and approval. The Plan must address removal of accumulated sediment from all surface waters. It is recommended that you contact Susan Wilson of the Asheville Regional Office for additional guidance during Plan development. The Plan should include: © A narrative explaining how sediment will be removed including techniques, manpower and tools to be used. Mr. Stephenson May 14,.2013 Page 3 of 3 A proposed schedule with dates that indicate when you expect to begin and complete the removal of sediment. o A diagram of the stream channel, referenced with photo documentation of sediment impacts before and after removal. ® A narrative explaining how and where the removed sediment will be disposed and stabilized. o Please explain how turbidity standards will not be exceeded. c. Once the work is complete, a final report documenting the results of the sediment removal activities should be submitted to Ms. Wilson. Thank you for your attention to this matter. This Office is considering sending a recommendation for enforcement to the Director of the Division of Water Quality regarding these issues and any future/continued violations that may be encountered. Your above -mentioned response to this correspondence will be considered in this process. This office requires that the violations, as detailed above, be abated immediately. These violations and any future violations are subject to a civil penalty assessment of up to $25,000.00 per day for each violation. Should you have any questions regarding these matters, please contact Ids. Wilson at (828) 296-4500 or susan.a.wilson(@,nedenr.gov. Sincerely, Chuck Cranford, Regional Supervisor Surface Water Protection Asheville Regional Office cc: Karen Hi gins, )WCP Unit AIW(+� Wap,7 Robert Shelton, Jackson County Planning S:\SWPUackson\StonnwateI\NCG0I Construction\Arbor Ridge\NOV-2013-PC-0177.Arbor Ridge.5 2013.doc JACKSON COUNTY OFFICE OF PERMITTING AND CODE COMPLIANCE EROSION AND SEDIMENT CONTROL 401 Grindstaff Cove Road, Suite 254 357 Frank Allen Road Sylva, NC 28779� Cashiers, NC 28717 Phone:828-586-7560 �� Phone: 828-745-6852 Fax: 828-586-7563 o� � „�. Fax: 828-745-6857 Project:..�Vt'S.tenhenson/Arbo R dee -m �. _ - -_� River basin: Project Number:. _-hT/A .-. _...,�,;,..�,,....,� _..�,�.,.� Parcel Identification Number: Person Financially Responsible ' W,_.R. 3tenhenson - - - _ Address: i707 Old Staee Road -Raleigh. NC 27603 — _- 1. Project Location: Long Windtne-Road — Pictures: No❑ YesN Prints: ❑ Slides: ❑ Digital: N Video: ❑ 2. Weather & Soil Conditions:_Partly Cloudy /-Damn--- — ----� 3. Is the site currently under notice of violation? NoM Yes❑ 4. Is the site in compliance with the S.P.C.A. and the rules? Yes El No If no, check violations below: of Chapter tal; Article VI - Erosion and Sedi ❑ a. No approved plan, Sec. 10-283 of the Ordinance and ❑ g. Inadequate buffer zone, Sec. 10-391(1) of the G.S. 113A-57(4) and 15A NCAC 413.0107(c) Ordinance and G.S. 113A-57(l) ❑ b. Failure to follow approved plan, Sec. 10-283 of the ❑ h. Graded slopes and fills too steep, Sec. 10-391(2) of the Ordinance and G.S. 113A-57(5) Ordinance and G.S. 113A-57(2) or 15A NCAC 4B.0124(d) ❑ c. Failure to submit revised plan, Sec. 10-28l(1) of the ❑ i. Unprotected exposed slopes, Sec. 10-391(2) of the Ordinance and G.S. 113A-54.1(b) and 15A NCAC Ordinance and G.S. 113A-57(2) 4B.0118(a) ❑ d. Failure to provide adequate groundcover, Sec. 10- ❑ j. Failure to maintain erosion control measures, Sec. 10- 391(3) of the Ordinance and G.S. 113A-57(3) and 15A 456 of the Ordinance and 15A NCAC 413.0113 NCAC 413.0107 or 15A NCAC 4130124(e) '® e." Insufficient'measures to retain sediment onsite, Sec. I0' ❑ k. Failure to self -inspect G.S. I I3A-54.I(e) and 15A 411 of the Ordinance ,and G.S. ° 113A-5-- NCAC 4B.0131 ❑ f. Failure to take all reasonable measures, Sec. 10-340 ❑ 1. Other(describe) -_ of the Ordinance and 15A NCAC 4B.0105 6. NPDES Permit Violation? Yes: ❑ No: M Describe: 7. Has sedimentation damage occurred since last inspection? Yes: ❑ No: ❑ First Inspection: M If yes, mark all that apply: Lake/natural watercourse on the tract: ❑ Lake/natural watercourse off tract: M Other property: N Description: mud_slide-across-. v.eraLnzoaertiesand.a-_tributary of Reed_13 ran ch-w- - _ - - ----- r ---� Degree of damage: Slight: ❑ Moderate: M Severe: ❑ 8. Contact made with: _ avtephensop_�—_-____._ Title:-9vvter __- __ w� Inspection report given: El or sentM to person financially responsible. Date given/sent2 20.1.3_--_�_�:� F�Correetive actions'needed: Stabilize slide area."Seed, mulch and fertilize exposed areas. Construct silt fencing along 'debrisvathjtoaconfineresidua' material in place. Clean,culverts,oh property of-Johnstonthat were impcted`ti slide A-Cht 10. Comments: Based on a complaint, your property was visited and a road fill slope failure was evident which has deposited off site sedimentation on the properties of Beauchemin, Johnston, Harrington and Wright. At your request, on 4-19-2013, I inspected the other tributaries of Reed Branch and found no evidence of accelerated erosion. On 4-30-2013, I again visited the site with Susan Wilson of the North Carolina Department of Environment and Natural Resources -Division of Water Quality. Report by: 1.Ro_b_ert�Shelton-------------- �� Others present: _--____.-__ ______ Date of Inspection: 4/17/2013 Time of inspection: 11:00 (4/ 19/2013 ,4/3 0/2013 ) Cc: Susan Wilson, David Johnston, Richard Wright 0�-ooc2k8 o4 70© `2-FC,- c91-71 UJI- ).00" W 083° 17' 00.00" W 0jj8(3016' 30{{.00"�W♦g 083° 16' 00.00" W 083f° 15' 30.00" WW 083° I Z Al �.�. 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Incident Report 7 Dfvlslon of Water Resources Report Number: 201401706 Incident Type : Complaint On -Site Contact Category Surface Water First/Mid/Last Name Incident Started : 10/09/2014 Company Name Country: Jackson Phone City: Pager/Mobile Phone: / Farm # : Responsible Party Owner: Reported By Permit: First/Mid/Last Name : Shawn Wills Facility Company Name: First Name Address Middle Name Last Name City/State/Zip Address Phone: Page/Mobile Phone City/State/Zip Phone: Material Category: Estimated Qty: UOM: Chemical Name Reportable Qty.lbs. Reportable Qty.kgs. DD:MM:SS Decimal Position Method : Remote Sensing Latitude : 35' 22' 25" 35.373570 Position Accuracy : Nearest 10th Of A Second Longtitude : -83' 12' 57"-83.215800 Position Datum : Unknown Location of Incident: Wayne Smith property Address : 99 Ensley St City/State/Zip : Sylya NC 28779 \ Report Created 10/23/14 10:59 am Page: 1 Cause/Observation : On October 9, 2014, 1 (Brett Laverty) received a phone call from Public Information Officer Susan Massengale at approximately 3:30 PM. She said Jackson County resident posted a complaint to the NCDENR Facebook page. The complaint stated that a house was being torn down at 99 Ensley Street in Sylva and the debris is going into Scotts Creek. Action Taken : I initially called the Jackson County Engineers Office who put me in touch with Robby Shelton with the Jackson County Permitting and Code Enforcement Department. Mr. Shelton called me at approximately 4:10 PM. Mr. Shelton is a code enforcement official for the countyOs Erosion & Sediment Control Program. Incident Questions : Did the Material reach the surface Water? No Surface Water Name ? Did the Spill result in a Fish Kill? Unknown If the Spill was from a storage tank indicate type : Containment? Unknown Cleanup Complete? Unknown Water Supply Wells within 1500ft: Unknown Directions : 1-40 west to US-74 W/Great Smoky Mountains Expressway at exit 27. Take exit 85 for US-23 BUS toward N Carolina 107/Cullowhee/W Carolina University. Keep right at the fork to continue toward US-23 BUS South. Continue straight onto Sunrise Park and turn right onto Ensley Street. Comments: Mr. Shelton said that he had also received a complaint for 99 Ensley Street in Sylva. He said that he had just inspected site prior to our phone call. He said that a house on the 99 Ensley Street recently caught fire and that arson is suspected. The owner is clearing the site of tree and stockpiling the debris on site. According to Mr. Shelton, none of the woody debris has reached Scottos Creek nor is the pile of woody debris unstable at this time. Mr. Shelton said the debris from the house is being loaded in a roll -back dumpster and being taken to the transfer station. He followed this up with another update on October 17, 2014. Mr. Sheltonlis email stated that no woody debris is in the trout buffer and no sediment is leaving the site. Event Type Event Date Conveyance: Report Received Referred.to Regional Office - Primary Contact Report Entered 2014/10/23 10:58:26 Incident Start 2014/10/09 3:30:00 Estimated Number of fish? (Above Ground or Under Ground) Groundwater Impacted : Unknown Due Date Comment Report Created 10/23/14 10:59 am Page : 2 .• StandairdA,yengcies Notified: Agency Name Phone First Name Other Agencies Notified : Agency Name Phone First Name DWQ Information Report Taken By: Brett Laverty Phone: Date/Time: Referred Via: Did DWQ request an additional written report? If yes, What additional information is needed? M.I. Last Name Contact Date M.I. Last Name Contact Date Report Entered By: Regional Contact: Brett Laverty Brett Laverty 2014/10/23 10:58:26AM Report Created 10/23/14 10:59 am Page: 3 To: Cc '$ubleci: FW 51 You forwarded thismessageor ;l0t9/2014 3:39 PM,: Massengale, Susan _. .. Davidson;"Landon; Laverty, Brett `:.:. awn W^iifs-posted on N.C. Dept. of Enviroomentand NaturalResources's time Please take a moment to look at this. Susan Massengale Pubttc Information Officer DENR- Dhision of Water Resources 16173ISC, Raleigh, NC276p9-r617 Please note that my phone number has changed. (919)707-9014 susan.massengaleCencdenr.gov Ismail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Walker, Michele' Sent Thursday, October 09, 2014 3:23 PM To: Massengale, Susan Subject FW: Shawn Wills posted on N.C. Dept of Environment and Natural Resources's timeline Assume this would go to DWR rep in Asheville Region to take a took? She posted pictures: https://www.facebook.com/ncdenr/posts to page — Forwarded Message — From: Facebook <notification+knax2n5x@facebookmaitcom> To: Michele Warren Walker cchelewalker@att.nei> Sent Thursday, October 9, 2014 2:07 PM Subject: Shawn Wills posted on N.C. Dept. of Environment and Natural Resources's timeline Facebook Shawn Wits posted on N.C. Dept of Environment and Natural Resources's timeline Shawn Wills October 9 at 2:07pm Sylva, Jackson County. House being tom down and the debris is going into Scott's Creek. 99 Ensley Street PM H.""E'D mattie'al Res6ur-ces.- — zam:.-. 'b owmwd the debiii is i Creek, 9'9 a, kksoll County. House eing-tgrn,d 0 gja scot.f lEnsIeystreet Like , Commerit Shim; . e , ntand ,Nti"tRes6,k s Thank - Shawn h MrIlti -Mb.,66C4 Environment and Natura esourves.:. . oanb-cr 9 at -1.1. Uke - Comm4ntSli&e :1 C. reek : 99 Shawn Wills Md Dept of Environmeri t and Natural Resources Sylva, Jackson County. House being torn down and the debris is going -into Scotfs Creek. 99 Ensley Street Like • Cmiment. • Shave Shawn Wills t, Mt.. Dept.'of Envtr6nment and Natural Resources October 9 at 11,05am Sylvia, Jackson County. House b6ind torn d6wn and the debris is going into ScotVs Creek. 99 Efisley Street LII*e • Comment • Share. Brett, please forward/run past DWM SW as they could likely address since house demolition debris. WQROS. can took into based on their response... which may mean we assist or go out together. Thanks. L G. Landon Davidson, P.G. NCDENR - Division of Water Resources Water Quality Regional Operations Section Regional Supervisor -Asheville Regional Office 2090 U.S. Hwy. 70 Sviannanoa, N.C. 28778 ph.: 828-296-4500 fax- 829-295-7043 Ole, looked at photo and it appearsto not be house debris but land clearing issue. Please give to person who hasiackson Co.'for4olwho could call the county as weld to assist with looking into. G. Landon Davidson, P.G. NCDENR - Division of Water Resources Water Quality Reg -tonal Operations Section Regional Supervisor- Asheville Regional office 2090 U.S. Hkrdy. 70 Swannancia, N.C. 29779 ph., 828-296-4500 fax: 828-299-7043 email: landon.davidsonC&ncdenr.gov website: www.ncwaterquality.o NoIffne.- PerExecutive order ma- i5o, all emails sent to and fiom this account are subject to the North Carolina Public Records Law and may be disclosed to third parties. Landon, I just spoke with Roby Shelton with the Jackson County Permitting and Code Enforcement. He said they received a similar report and was out there (99Ensley Street) not more than an hour ago. The house that was on -site recently burned down. According to Mr. Shelton, the cause maybe arson. He said the owner has recently been clearing the site of trees and has been stockpiling the woody debris. None of the woody d ' ebri5 has reached Scotts Creek nor is the pile of woody debris unstable atthis time. Mr. Shelton is sending me some additional phots he took of the site. I will not be going out at this time unless you think it necessary. Brett Laverty Brett Laverty - brett.laverty(cD_ncdenr.qov North Carolina Dept. of Environment and Natural Resources Asheville Regional Office Division of Water Resources —Water Quality Section 2090 U.S. 70 Highway Swannanoa, NC 28778 Tel: 828-296A,500 Fax: 828-299-7043 Motice: 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. This photo of woody debris is as close as anything" has been placed near Scotts Creek and it is serving as a brush barrier. The debris from the house is being loaded in a roll -back and taken tothe transfer station. Thanks Robby Your message is ready to be sent with the following file or link attachments: 1001925 ,. �e f d�� t A �'.f# '�}��y�4�a� ''k �p • , �'� � p.��w"°4 � ' +, f � xF; .d �e 0. 30 CR+"' gY �k N M b 3 / 11 3� �°Y� v+�it �VI.,�"�'+% .. �(, �r �;� t �+#a.. �+'+, V ,��., i�, «.i�'e?- � ,'� �A�.R` ��� �<j4 �a ;x����$ ("�" '.v�.� it�'�' � s`�•r , }�^� Jr s,/ r. a, Your message is readyto be sent with the following file or link attachments- 1001995 Note: To protect against computer viruses, e-mail programs may prevent sending or receiving certain types of file attachments. Check youre-mail security settings to determine how attachments are handled. E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties by an authorized county official. JI_ ,4 NCDENRes Post bwQ-SURFACE WATER PROTECTION SECTION •� 2090 U.S. HIGHWAY 70 � _•. SW_ANNANOA NC 28778 r-�, -° ® PITNEY ISOWES PLACE STICKER AT TOP OF ENVELOPE TO THE RIGHT lemotic 3�-_02 1 P OF THE RETURN ADDRES!L F1�1)a •A i Znd NOTIC� Rr--�— V003076691 NOV 14 2008 CERTIFIED0 RETURIVF,0_ z �, &AILED FROM ZIP CODE 28778 +p1a Q tOO� O <2� o co ",\j 2�- 16! -0 7007 1490 0004 0798 8800 t REX MEADOW 1 n CLEAR WPT� n_►I_J_ 547 UPPE ` IDc ao :11 r lS./ 00 HOT SPRI -- }_. CERTIFIED MAIL �,.,��� � TOPOPWARP RETURN RECEIPT REQUESTED :Bc— e�- 69'. 60 4a =: �:-r �►,�d� fD31,")33H.I;La�s11„�1' ,'1aIF�1'„�1,1,, 11,1''II1:; 1Jji,.*d,,„11, , I ■ Complete items 1, 2, and 3. Also complete A. Signature ' i item 4 if Restricted Delivery is desired. 11 ❑ Agent ! l ■ Print your name and address on the reverse X ❑ Addressee I # rS0_that We f`.3n ra it Ahanard-a.._..-•------- — --�- -- _ • _ } 1 North Carolina Department of rrted Name) C. Date.,of Delivery 1; r ; •� Environment and Natural Resources I ( ? Division of Water Quality s differentfrom item 1? ❑ Yes ( j I Surface Water Protection Section,ery address below: ❑ No I Highway 70, Swann_ anoa, NC 28778 NCDR 2090 U.S. REX MEADOWS I CLEAR WATER -WELL DRILLING 547 UER SHUT-IN RO �AD 3. Service Type i ❑ certified Mail ❑ Express Mail j HOTS - NGS NC 28743 ❑ Registered ❑ Return Receipt for Merchandise ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) ❑ Yes I � II -7007 1490 0004 0798 8800 &W �• 2r.4%�- uJ _ all PS Form 3811, February, 2004 Domestic Return Receipt 102595�02-M-1540 ■ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ■ Print your name and address on the reverse so that we can return the ■ Attach this card to the ba of the mailpiece, or on the front if space pe its. 1. Article Addressed to: Q U m 1 o N W. R. Stephenso 5707 Old Stage cv Ralei h NC 276 >- 7010. 11870 10d� , PS' Form 3811` Fetir.'uary' 20g4 E51 A. ❑ Agent —..P]Rec 'ved b (Printed Name) C. Date of Deliver S Is delivery dress different from Item 1? ❑Yes If YES, enter delivery address below: ❑ No t G u t3 - 3. S rvic*Type '�Certifled Mail ❑ Express Mail RegisteredJPFAetum Recelpt ❑ Insured Mail C.O.D. 4. Restricted Delivery? (Dora Fee) ❑ Yes 3i; ?.6 "a 1'79 102595-02-M-154 UNITED STATES POSTAL SERVICE 111111 • Sender: Please print your name, address, ar t. First -Class Mail Postage & Fees Paid S o. G-10 ZIP+4 in this box • MAY 2 0 2013 SUSAN WILSON NCDENR=DWQ-SWP. 2090 U.S. HIGHWAY 70 I SWANNANOA NC 28778 -- - 1 ■ Complete items 1, 2, and 3. Also.complete A 5ignatu e item 4 if Restricted Delivery is desired. X ■ Print your name and address on the reverse so that we can return the_card_to you tl Name) ■ 1----T North Carolina Department of 1. ❑ Agent ❑ Addresse i ite.of Deliver) I Environment and Natural. Resources I G 2090 U.S. Highwaf 70, Swannanoa, Nc 28778 fferentfrom hem ? ❑ Yes address below: ❑ No NCDENR Ail MR SCOTT R TRAUTH REGISTERED AGENT - TRAULIC INC 1853 BEETREE ROAD ;GLENVILLE NC 28736-6 7d0 150 10001511245 rtified Mail ❑ ress Mail istenid Rstum Receipt for Merchandise ❑ Insured Ma C.O.D. 4. Restricted Delivery? (Extra Fee) ❑ Yes PC Pnrm Rft11 Pahriiani gnnd r)—.fin Pt.— P... 1nf 1n9SOS.n2M_7gd UNITED STATES POSTAL SERVICE • Sender: Please print your name, address, and jx'>"zF �M fG —I M r- MR. JAMES REID _-0c �n D n W NCDENR-DWa-SWP 2U90 U.S. HIGI iWAY 70 1 O p \ SNJANNAI`JOA NC 28776 1D co R7 O O O p v n O -111111111111,11IG1JIIJJIJI,1L11fill 11111J11111I11JIL,11111111 OEM �' ■ Complete items 1, 2, and 3. Also complete A. knaure item 4 if Restricted Delivery is desired. X _J❑ Age ■ 'Print your name and address on the reverse el�1 r so that we can return the card to you. .13__ Rerp;v—+ K—f D-4^ led Name) Date of C ■ Attach 4hici+�.d a..,���.�_.��..-- -•--- 6. i I North Carolina Department of I � �� Environment and Natural Resources :different from item 1? ❑ ❑Yes ArnFWR Division of Water Quality address below: No Surface Water Protection Section 2090 U.S. Highway, 70, Swannanoa, NC 28778 -REX MEADOWS l ' BLEAR WATER WELL DRILLING POST OFFICE BOX 71 HOT SPRINGS NC 28743 3. Ve ice Type Certi ied Mail ❑ R-6gistered ❑ Insured Mail` 4. Restricted Delivery? Express Mail Aetum Receipt for Fee) 7007 1490 0004 0798 9029 /\L01JMZ�D-Gll4'009 PS Form 3811. February 2004 Domestic Return Receint 1n9595-02-M-154f UNITED STATES SERVICE ' U UU UU KUSPS ' �� U UU KU U �� Postage & Fees Paid Permit No. G-10 *Plea�pand 2]P+4inthis box ;�7 NCD WO U S. IGH Ay 70 ■ Complete ItemsA, 2 Qnd:3. Also complete A. Signature item 4 if Restricted Delivery is desired. /% ent ■ Print your name and address on the reverse %Allw dares so that we can return the card to you. d nt d iYa p of D ' er ■ Attach this card to the back of the mailpiece, / t r ,, i ss diffe mite Yes North Carolina Depar fro Ame .: Environment and Natural Res i every addOress belo�vt o ❑ No Division of Water;, c� Surface Water Protection cti ; N a NCDENR 2090 U.S. Highway 70, Swannanoa, NC E ' a William Sutton 3. Be Type Smokey Mountain Acres Ce '' ed MailLtrass all 13 Teepee Ridge ' Maggie Valley, NC 28751 a m cel tfo. M . . an. isl \ ❑Insured Mall 4. Restricted Delivery? Pft Fee) 70121 1'D110101102119467 6131 /VG%/-�/3 6�� PS Form 39IJI,1FebruaeY 2004I I I I 1 I Domestic,"Return Receipt 102595-02-M-15, UNITED STATES POSTAL SERVICE First -Class Mail Postage & Fees Paid USPS Permit No. -GA 0 • Sender: Please print your name, address, and ZIP+4 in this box • JANET CANTWELL NCDENR-DWQ-SWP 2090 U.S. HIGHWAY 70 SWANNANOA NC 28778 - - -• — t�l:}ti s:iF�tf: ji�tttft:�ir i!{;;+: flle. i1t :i:j t 1� � it3l ti ■ Complete items 1, 2, and 3. ■ Print your name and address on the reverse. so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: Mr. Kenneth Owen Dillsboro Water and Sewer, Inc I P.O. Box 1052 Dillsboro, NC 28725 ��7II�I�III III �II�IIIIII�I IIII � I II�IIIIII 9590 9402 2119 6132 6434 35 2. A.-tiole Number (Transfer from service /ai 1 1111111 11 11 1 1 11 I i 11604 101kl 6A10 I [ Agent D-0-� [3 AddreSsei by (Printed 1I depress different from item 1? ❑ Yes If YES, enter delivery address below: ❑ No 3. Service Type [J Priority Mail Express® ❑ Adult Signature ❑ Registered MaflT ❑ Adult Signature Restricted Delivery ❑ Registered Mail Restrict certified Mail® Deliv_ery ❑ oeltifled Ma1L---^-- --�- N_` ipt for e �,y taint Resp Ltr-Jackson Co T.Heim `firmation' �G% _ ration 6 7 1 Domestic Return Receip LISPS TRACKING # First=Class Mail Postage& Peas Paid' LISPS Permit No. G-10 9590 9402 2119 613.2 6434 '35 United States • Sender:Please print your name,. address, and ZIP+4® in this box• Postal Service 71)1� G.Dspar}ent of Environmental QualityAsheville Regional Office n of Water Res roes. Water Resources 2090 US 70 Highway Swannanoa, NC 28778-8211 SEP 14 2017 Water Quality Fteglonal Operations Ashevilie enalO`fi RPr' ,ir, S 1 tJ Michael F. Easley, Governor G. RosSecretary;Jr.� c� t > North Carolina Department-oftrivr onme t and�NaturalResources O x Alan W. Klimek, P.E. Director Division of Water Quality SURFACE WATER PROTECTION July 29, 2005 John Russell and Darlene Cagle Performance Motors Post Office Box 1898 Sylva, NC 28779 Subject: Illegal Discharge of Wastewater Performance Motors Jackson County Dear Mrsrs Cagle: This Office has received a complaint that when automobiles are being washed at your auto dealership, wastewater 'is running off your property into a storm drain and then into Scott's Creek creek. This letter is to advise you that this type of discharge is a violation of North Carolina General_ Statute 143-2.15..1(6).. By this letter, this Office is requesting that you contact the Tuckaseigee Water and Sewer Authority concerning making connection to the Authorities sewerage collection system for proper disposal. of this wastewater. Future discharges of this type without 'a valid permit, will be considered to be a violation of the aforementioned General Statute and could be subject to the assessment of a civil penalty. As authorized by NCGS 143-215.6A, a civil, penalty may be assessed for any failure to secure a permit required by NCGS 143-215.1 or for violation of any classification, .standard, limitation or management practice established pursuant to NCGS 143-214.1 or 143-215. The Environmental Management Commission is empowered to assess civil penalties of not more than ten thousand dollars ($10,000) per day per violation for as long as the violation continues. Any future discharges observed by DWQ personnel could result in the recommendation for an enforcement action. If you have any questions concerning this matter, please do not hesitate to contact me at 296-4657. Your prompt attention to this matter 'is greatly appreciated' Sincerely, XAOKO_� Kevin H. Barnett Environmental Chemist cc:. Tuckaseigee Water and Sewer Authority Jackson County Helath Department North Carolina Division of Water Quality 2090 U.S. Highway 70 Swannanoa, NC 28778 Phone (828) 2964500 Customer Service Internet: h2o.enr.state.nc.us FAX (828) 299-7043 1-877-623-6748 NoAhCarol Natural An Equal Opportunity/Affirmative Action Employer— 50% Recycled/10% Post Consumer Paper Page 1 of 1 Jackson County Real Estate Data Parcel Summary PIN # 7641-47-2909 Owner Account ID 60998 Location Address Property Description E MAIN ST E MAIN ST Summary Building Land Deeds Tax Cards * Information Not Available Online at This Time DISCLAIMER This information is for the purpose of inventory of real property in Jackson County. It is complied from recorded deeds, plats, and public data records. Users of this information are hereby notified that the aforementioned public information sources should be consulted for verification. Jackson County or any employee, representative, or contractor employed by the County assumes no legal responsibility for the content of this information or this website. hq ://www. j acksonnc. org/?name=mstLandRoll&realm=search&action=parcel summary&... 7/29/2005 '' J �F1 48-1589 t j 17 F 7 6 -1'38 J 588 it oil nr ko 23 .16 - ' ' t7 r Pf • '+'+-• - ¢F ilk - • a ' � i _ vk °fir.,,, - r,#, " � K ��,+ 'k `C� • F•i -7_ .1 6912 /J6141 3•J " I + s ,.. ,c AFT'. �� 1=�J-1$5Fr +� .; s-• ti-�-'�.�,,^.`,a„ � r; - Ail �' JTr41 4J-2755, ' ` J61'=3LJ 7,,641 47- h MWR r'F ,"•`*'.-' j R ' 7`'� 1;` {. 3�355�6 �� ,. C�� � 6q cw�.�3 ► ti 5���J LTS UT SjYL'AM W t M r 4 1- �� ,. eA�A-ibo6 e,Mb 4�W s'� iD ocP4N�J (DE�vc�2 I�a1 �:�, (yLL (L /Lt.u�,n1•J (� MM,�oA� GI)v►y, �\ V M1 -2 EEL- - �9- 0 C �R` 6S :GR-353 ,(1R-285 GR-253 E}��+e YOU ARE HEIRS ;4 473 � — a9 C TTOOGA CLUBGR5 µ GRISTMILL RIDGE GR -195 Summers GR - 253 Onitaluga GORGE TRAIL q. GR.- 285 Martin GT - 52 Laurelwood a16� v P9t/_ D7 WW-"02 GR-353 Hawk's View GT-173 Carolina Lily NUd'®_41 GR- 364 West GT - 227. Inman GT-.227 _ A GR - 465 Free Spirit GT"-'U7_29 GR - 468 Clova rp 30 CD-678 r -58 GR- 473 Ingram -45 CLUB DRIVE T-5a s CD - 400 Buckberry-540 ® TENNIS ft,26 4fI�1t� ° r <„v POOL i DR - CD iUSy rsl. CD _ 451 Mulberry CD-�1 PW-3 CD-537: Kilkenny COURTSIDE COTTAGE WAY CD.-537-4'I `' CROQUET CD -.540 Hudson CD-757. CC - 26 Azalea CD - 678 Greystone CC - 47 Ivy ' CD - 731 Bradley • " CC - 78 Applewood V CC-85��-'� •CD_��� • CD - 757 Higher Ground'. CC - 8,5 Coker CC-49 CD - 795 Tsali CLUB DRIVE �'CC-26 MV-296 HogHeaven -795 CD = 932 On the Rocks', _ OD - 1049.-Bear.Roc CD- flz35 -13 S Vim CD -1235 Willow. CD-1049 Cb) ". i 2Q Trillium My-29 _ MV-138 RdV-182 CLUB CD=932 MM-70 -137 •1w W-404 AGE ® My-23o � �BENT-TREE. LANE IST -,a 2 . BT -10 Woods MALLET MOUNTAIN WAY BT - 61 Tuli MACS. ;'VIEW ►-243' F Po plar GC-D42 GC-11 MM - 59 High Cotton .. BT - 99 Almost Heaven MAC'S VIEW DRIVE A�V-296. MM - 70 Buckeye BT -132 Far Niente MV - 29 Silk Purse MM -137 Kemanseja .BT -158 Indian Territor DC- Deb MV -.138 Hickory . MM - 204 Valdorama y ..GREY AND MV -182 Lane:. - - AN-1 GC Y COTTAG15 E L MV - 230 Pillow g MV - 29Anasidi GC - 41 Hemlock WICKET WAY GC - 91 Boxwood MV - 296 Hog Heaven • - PAVILION WAS' GC -115 PW - 3 Fitness Center �'�'W - 27 Kissaway RoseWoo, PW -.17 Pine WW - 41 Croquet GC - 142. ,- Poplar PW - 26 Sassafras WW - 46 Stevenson GC - 170 �� Moss PW = 28 Chestnut WW - 58 Summit PW - 200 Frog Hollow WW - 70 Holly WW - 85' Summer d�- /�S� os 2� ^lJi CD Y-art c Lt- l ,If It O!1�3 - - - t 1 I i I t vV Mtn VJIAW&,) 342-- 7111 c�+l 5LI C�ZpN (,EVE 66� J - SJJt PUPA Hwy 26 nl or Aevu J 013 'N YIC-W Srbn) LrFF 2Nd 5 W-soA cDvc r �78-7-77,io32- 1-0�4 OAV6. o 9/o6)/ c y6 �C COd� N S�w?1-� I �,A--tom d� p-.� Permits Issued Permit Number Owner Name - Facility Name Owner Type Permit Type County NCG520017 Cherokee Ruby Mine - Cherokee Ruby Mine Non -Government Sand Dredging Operations Wastewater Discharge COC Macon �h1CG520024--Evans-Eddie- Evans.Eddie/Kirkland.Ray Non-Government---Sand-Dredging.Operations_WastewatecDischarge-GOC—Macon NCG520016 Old Cardinal Gem Mine- Old Cardinal Gem Mine Non -Government Sand Dredging Operations Wastewater Discharge COC Macon NCG520039 Western Sand Corporation 1 - Western Sand Non -Government Sand Dredging Operations Wastewater Discharge COC Macon Corporation 1 Record Number . 4 01 /31 /06 Issued Effect Expired Date Date Date Primary Reviewer Region 08/01/02 08/01/02 07/31/07 aisha.lau Asheville 08/01/02 08/01/02 07/31/07 aisha.lau Asheville 08/01/02 08/01/02 07/31/07 aisha.lau Asheville 08/01/02 08/01/02 07/31/07 aisha.lau Asheville u NCDEN.R North Carolina Department of Environment and Natural .Resources Division of Water Quality Michael F. Easley, Governor SURFACE WATER PROTECTION SECTION August 19, 2004 CERTIFIED MAIL RETURN RECEIPT REQUESTED. Raymond-and-Nartcy-Wollit—Owner--, Valley Aire .Center.._- 7156 Ramoth Drive Jacksonville, Florida 32226 Miguel and Xelly Mireles Owner La' Mexicana Cafe and Grocery Inc. Post Office Box 2883 - Cashiers, North Carolina `28717 . Dear Sir or Madam: William G: Ross; Jr., Secretary Alan W. Klimek, P.E., Director Bruno Martin, Owner Bruno's Mountain Bistro . 73 Slab Town Road Cashiers, North Carolina 28717 Subject: NOTICE OF VIOLATION NOV 2004 DV 0035 Un-permitted Discharge of Grease from Valley Aire Center Jackson County An investigation by this Office has concluded that cooking grease has been.and is .being stored on your property known as the Valley Aire Center in Cashiers. The cooking grease is being stored as a waste from Bruno's Mountain Bistro and La' Mexicana Cafe and Grocery Inc. Furthermore, the cooking grease has been found to have been discharged to a conveyance to jurisdictional waters of the State. The following violation has been identified: • The un-permitted 'discharge of cooking grease constitutes, a violation of North Carolina General Statute (NCGS) 143-215.1. Asheville Regional Office One 2090 U.S. Highway70, Swannanoa; North Carolina 28778 NofthCarohli na Phone: 828-296-4500 / FAX: 828-299-7043/ Internet: h2o.enr.state.nc.us Nahmaliff An Equal Opportunity/Affirmative Action-Employer-50%oRecycled/10% Post Consumer Paper Valley Aire Center August 18, 2004 Page 2 Each violation is enforceable under provisions of NCGS 143-215.6A as administered by this Agency. Furthermore, a civil penalty of not more than $25,000 may be assessed for each violation. In order to avoid further regulatory action you are requested to respond in writing within ten (10) working days of receipt of this letter with information regarding; • The immediate clean up of the cooking grease remaining in the driveway. • Your plans to prevent future discharges and maintain the cooking grease storage area. Should you have any questions regarding this letter, please contact Mr. Larry Frost at (828) 296-4500. Sincerely, Forrest . Westall Regional Supervisor Surface Water Protection Section xc: Geraldine Dail, Jackson County Health Department, 538 Scptt's Creek Road, Suite 100, Sylva, North Carolina 28779 Kevin Barnett, DWQ J NCDENR- North Carolina Department of Environment and Natural Resources Division of Water Quality Michael F. Easley, Governor William G. Ross, Jr., Secretary Alan W. Klimek, P.E•, Director SURFACE WATER PROTECTION SECTION August 19, 2004 CERTIFIED MAIL RETURN RECEIPT REQUESTED Raymond and Nancy Wollitz, Owner Bruno Martin, Owner Valley Aire Center Bruno's Mountain Bistro 7156 Ramoth Drive 73 Slab Town Road Jacksonville, Florida 32226 Cashiers, North Carolina 28717 Miguel and Kelly Mireles Owner La' Mexicana Cafe and Grocery Inc. Post Office Box 2883 Cashiers, North Carolina 28717 Subject: NOTICE OF VIOLATION NOV 2004 DV 0035 Un-permitted Discharge of Grease from Valley Aire Center. Jackson County Dear Sir or Madam: An investigation by this Office has concluded that cooking grease has been and is being stored on your property known as the Valley Aire . Center in Cashiers. The cooking grease is being stored as a waste from Bruno's Mountain Bistro and La' Mexicana Cafe and Grocery Inc. Furthermore, the cooking grease has been found to have been discharged to a conveyance to jurisdictional waters of the State. The -following violation has been identified: • The un-permitted discharge of cooking grease constitutes a violation of North Carolina General Statute (NCGS) 143-215.1. Asheville Regional Office �:„ 2090 U.S. Highway 70, Swannanoa, North Carolina 28778 OO �hColllla Phone: 828-296-4500 / FAX: 828-299-7043/ Internet: h2o.enr.state.nc.us ;Vatulpally oAn Equal Opportunity/Affirmative Action Employer — 50% Recycled/10% Post Consumer Paper f a 1 Valley Aire Center August 18, 2004 Page 2 Each violation is enforceable under provisions of NCGS 143-215.6A as administered by this Agency. Furthermore, a civil penalty of not more than $25,000 may be assessed for each violation. In order to avoid further regulatory action you are requested to respond in writing within ten (10) working days of receipt of this letter with information regarding; • The immediate clean up of the cooking grease remaining in the driveway. • Your plans to prevent future discharges and maintain the cooking grease storage area. Should you have any questions regarding this letter, please contact Mr. Larry Frost at (828) 296-4500. Sincerely, Forrest FWes;all Regional Supervisor Surface Water Protection Section xc: Geraldine Dail, Jackson County Health Department, 538 Scptt's Creek Road, Suite 100, Sylva, North Carolina 28779 Kevin Barnett, DWQ TO MR FORREST R. WESTALL FROM BRUNO MARTIN, OWNER OF THE BISTRO This is to confirm that the clean up on the driveway from un-permitted discharge of cooking grease. The propriety manager and myself supervised the clean up done by MR MIGUEL MIRELES owner of La Mexicana cafe. (using the appropriate -cleaner ,the driveway was done twice). Buckets of grease where found behind my dumpster ,and after researching where they came from MIGUEL told me that some people he knew have done oil change on several cars. My first thought was that my oil containers were leaking or may be the dumpster hit them and done the Damage. I called GDS and ask about new containers but ,they do not provide grease storage or disposal. I called VALLEY PROTEINS (owners of the oil barrels) and asked for new ones with locked seals. The next day they change the old containers for new ones with locks. Furthermore the propriety manager ask me to relocate these containers in case of a future accident. These are now in the back of the building covered and sealed to prevent leakage -from rain causing overflow. . My wife and I are very serious about keeping this planet safe and clean and I was very upset about this . I hope that what I have done is to your satisfaction , please. call me if you have any questions. sincerely rE1v� - 9 2004QUALITY SECTION REGIONAL OFFICE THE VALLEY .IRE CENTER CASHIERS, NC . P. �- BOX 1279 CASHIERS, NC 28717 PHONE: 828-743-7725 FAX: 828-743-7725 Septerner 21, 2004 71-56 RAMOTH DR. * JACKSON-VILLE, FL 32226 PHONE: 904-251-9776 FAX: 904-251-9747 North Carolina Department of Environm6nt & Natural Resources Asheville Regional Office 2090 U. S. Highway 70 Swannanoa, North Carolina 28778 Attention: Forrest R.'Westall Subject: Notice of Violation 'Nov 2004 DV 0035 Un-permitted Discharge of Grease from Valley Aire Center ackson County Dear Sir: With reference to your letter of August 19,2004 received September 9, 2004, you are hereby notified the subject matter has been corrected. We have been in contact with -Miguel and Kelly Mirefesand ?Bruno Martin, owner of Brono's Mountain Bistro and they have both advised the, the Grease Canisters have beerf- moved to a more secure location. In addition, they are now tightly sealed to prevent any future spillage. Sincerely, Nan ol litz, Owne The Valley Arie Ceii fei, Nan olli ' Owne The Valley Ane Ce6ter' SEp 2 7 2004 WATER QUALITY SECTION �haIF. sJ1 Go er IiamRo Jr.,Se.e allorth Carolina Department of Envi nment aN t ral es Alan W. Klimek, P.E. Director Division of Water Quality Asheville Regional Office SURFACE WATER PROTECTION August 17, 2004 CERTIFIED MAIL RETURN RECEIPT REQUESTED Robert L. Pressley 1770 BeeTree Road Glenville, North Carolina 28736 SUBJECT: Notice of Violation and Assessment of Civil Penalty for Violations of North Carolina General Statute (G.S.) 143-215.1(a)(6) Robert L. Pressley - Pressley Property in Cullowhee Case No. CV-2004-0009 Jackson County Dear Mr. Pressley: This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $4250.00 ($4000.00 civil penalty + $250.00 enforcement costs) against Robert L. Pressley. This assessment is based upon the following facts: a review has been conducted of the property owner by Mr. Pressley in Cullowhee, NC, and it has been discovered that a wastewater collection system has been constructed without a permit. Based upon the above facts, I conclude as a matter of law that Robert L. Pressley violated G.S. 143-215.1(a)(2). In accordance with the maximums established by G.S. 143-215.6A(a)(2), a civil penalty may be assessed against any person who violates the terms, conditions or. requirements of a permit required by G.S. 143-215.1(a). Based upon the above findings of fact and conclusions of law, and in accordance with authority provided by the Secretary of the Department of Environment and Natural Resources and the Director of the Division of Water Quality, I, Forrest R. Westall, Division of Water Quality Regional Supervisor for the Asheville Region, hereby make the following civil penalty assessment against Robert L. Pressley. 4000.00 Construction of a wastewater collection system without a .permit as required by NCGS 143-215(a)(2). $4000.00 TOTAL CIVIL PENALTY $250.00 Enforcement Costs $4250.00 TOTAL AMOUNT DUE 2090 U.S. Highway 70, Swannanoa, NC 28778 Telephone: (828) 296-4500 Fax: (828) 299-7043 Customer Service: 1 877/623-6748 NoithCarohna NaAAMAf Pursuant;-t6''G.S. 143-215.6A(c), in determining the -amount of the penalty I have taken into account the Findings of Fact and Conclusions of Law and the factors set forth at G.S. 143B- 282.1(b), which are: (1) The degree and extent of harm to the natural resources of the State, to the public health, or to private property resulting from the violation; (2) The duration and gravity of the violation; (3) 'The effect on ground or surface water quantity or quality or on air quality; (4) The cost of rectifying the damage; (5) The amount of money saved by non-compliance; (6) Whether the violation was committed willfully or intentionally; (7). The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority; and (8) The cost to the State of the enforcement procedures. Within thirty days of receipt of this notice, you must do one of the following: Submit payment of the penalty: Payment should be made directly to the order of the Department of Environment and Natural -Resources (do not include waiver form). Payment of the penalty will not foreclose further enforcement action for any continuing or new violation(s). Please submit payment to the attention of: Surface Water Protection Chief Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27699-1617 OR 2. Submit a written request for remission or mitigation including a detailed justification for such request: A request for remission or mitigation is limited to consideration' of the reasonableness of the amount of the penalty and is not the proper procedure for contesting the accuracy of any of the statements contained in the assessment letter. Because a remission request forecloses the option of an administrative hearing; such a request must be accompanied by a waiver of your right to an administrative hearing and a stipulation that there' are no factual or legal issues in dispute. You must execute and return to this office the attached waiver and stipulation form and a detailed statement which you believe establishes whether: (a) one or more of the civil penalty assessment factors in G.S. 143B-282.1(b) was wrongfully applied to the detriment of the petitioner; (b) the violator promptly abated continuing environmental damage resulting from the violation; (c) the violation was inadvertent or a result of an accident; (d) the violator had been assessed civil penalties for any previous violations; (e) payment of the civil penalty will prevent payment for the remaining necessary remedial actions. Please submit this information to the attention of: Surface Water Protection Chief Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Please note that all .information presented in support of a request for remission must be submitted in writing. The Director of the Division of Water Quality will review the information during a bimonthly enforcement conference and inform you of his decision in the matter of the remission request. His response will provide details regarding case status, directions for payment and provision for further appeal of the penalty to the Environmental Management Commission's Committee on Civil Penalty Remissions. Please be advised that the Committee cannot consider information that was not part of the original remission request considered by the Director and therefore, it is very important that you prepare a complete and thorough.statement in support of your request for remission. KM 1 Submit a written request for an administrative hearing: If you wish to contest any statement in this assessment letter, you must request an administrative hearing. This request must be in the form of a written petition to the Office of Administrative Hearings and must conform to Chapter 150B of the North Carolina GeneralStatutes. You must File your original petition with the Office of Administrative Hearings 6714 Mail Service Center Raleigh, North Carolina 27699-6714 and Mail or hand -deliver a copy of the petition to General Counsel Department of Environment and Natural Resources 1601 Mail Service Center Raleigh, North Carolina 27699-1601 Failure to exercise one of the options above within thirty days, as evidenced by a date stamp (not a postmark) indicating when we received your response, will result in this matter being referred to the Attorney General's Office with a request to initiate a civil action to collect the penalty. Please be advised that any continuing violation(s) may be the subject of a new enforcement action, including an additional penalty. If you- have any questions about this civil penalty assessment, please contact Mr. Kevin Barnett of the Asheville Regional Office at (828) 296-4500. (Dat rrest R. Westall " urface Water Protection Regional Supervisor Asheville Region Division of Water Quality ATTACHMENTS cclw-: e ' al S snr w! ttac meats Compliance/Enforcement Fie WI -attachments Central Files w/ attachments STATE OF NORTH CAROLINA COUNTY OF ((COUNTY)) Robert L. Pressley IN THE MATTER OF ASSESSMENT OF CIVIL PENALTIES AGAINST Robert L. Pressley DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES WAIVER OF RIGHT TO AN ADMINSTRATIVE HEARING AND STIPULATION OF FACTS FILE NO. CV-2004-0009 Having been assessed civil penalties totaling $4250.00 for violation(s) 'as set forth in the assessment document of the Division of Water Quality dated August 17, 2004, the undersigned, desiring to seek remission of the civil penalty, does hereby waive the right to an administrative hearing in the above -stated matter and does stipulate that the facts are as alleged in the assessment document. The undersigned further understands that all evidence presented in support of remission of this civil penalty must be submitted to the director of the Division of Water Quality with thirty (30) days of receipt of the notice of assessment. No new evidence in support of a remission request will be allowed after (30) days from the receipt of the notice of assessment. This the day of , 20 SIGNATURE ADDRESS TELEPHONE STATE OF NORTH CAROLINA NORTH CAROLINA DEPARTMENT OF COUNTY OF Jackson ENVIRONMENT AND NATURAL RESOURCES File No. CV-2004-0009 IN THE MATTER OF ) Robert L. Pressley ) FINDINGS AND DECISION FOR CONSTRUCTION OF A ) AND ASSESSMENT OF CIVIL PENALTIES SEWER SYSTEM ) Acting pursuant to North Carolina General Statute (G.S.)143-215.6A, and delegation provided by the Secretary of the Department of Environment and Natural Resources and the Director of Water Quality, I, Forrest R. Westall, Water Quality Regional Supervisor for the Asheville Region, hereby make the following civil penalty assessment against: I. FINDINGS OF FACT: A. On October 21, 2003, DWQ staff inspected the property owned and leased by Mr. Robert L. Pressley, and observed that a wastewater collection system (consisting of gravity line, a step system, a pump station, and force main) had been constructed and was being operated. B. A search of DWQ records showed that a permit had not been issued as of the date of the inspection for the above cited construction. C. The costs to the State of the enforcement procedures in this matter totaled $250.00. Based upon the above Findings of Fact, I make the following: II. CONCLUSIONS OF LAW: A. Robert L. Pressley is a "person" within the meaning of G.S. 143-215.6A pursuant to G.S. 143-212(4). B. The wastewater collection system cited in finding of Fact A above falls within the definition of same at G.S. 143-13(15) IIIo DECISION: Robert L. Pressley is hereby assessed a civil penalty of: $ 4000.00 For failing to apply for or to secure a permit as required by G.S. 143-215.1 for construction of the subject wastewater collection system. $ 4000.00 $ 250.00 $_4250.00 TOTAL CIVIL PENALTY enforcement costs TOTAL AMOUNT DUE As required by G.S. 143-215.6A(c), in determining the amount of the penalty I considered the factors set out in G.S. 143B-282.1(b), which are: (1)The degree and extent of harm to the natural resources of the State, to the public health, or to private property resulting from the violation; (2)The duration and gravity of the violation; (3)The effect on ground or surface water quantity or quality or on air quality; (4)The cost of rectifying the damage; (5)The amount of money saved by non-compliance; (6) Whether the violation was committed willfully or intentionally; (7)The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority; and (8)The cost to the State of the enforcement procedures. C. A permit is required for the construction of a wastewater collection system pursuant to G.S. 143-215.1(a)(2). D. Robert L. Pressley may be assessed civil penalties pursuant to G.S. 143-215.6A(a)(2) which provides that a civil penalty of not more than twenty-five thousand dollars per violation may be assessed against a person who is required but fails to apply for or to secure a permit required by G.S. 143-215.1. E. The State's enforcement costs in this matter may be assessed against Robert L. Pressley pursuant to G.S. 143-215.3(a)(9) and G.S. 143B-282. I (b)(8). F. The Director, Division of Water Quality, pursuant to delegation provided by the Department of Environmental and natural Resources and authorized by G.S. 143-215.6A, has the authority to assess civil penalties in this matter. Based upon the above Findings of Fact and Conclusions of Law, I make the following: (Date) Forrest R. Westall Surface Water Protection Regional Supervisor CERTIFICATION PAGE I certify that the information in this report is true to the best of my knowledge. All violations of self - monitoring data have been verified by hard copy review of the monthly reports (if applicable) and the appropriate permit (if applicable). f DATE: P46/,/ ;710 Y NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DWQ — WATER SECTION — CIVIL PENALTY ASSESSMENT FACTORS CONSIDERATION Case Number: _CV-2004-0009_ Region: Asheville County: Jackson Permit No.: _None Issued Assessed Entity: _Robert L. Pressley As required by G.S. 143-214.6A(c), in determining the amount, of the penalty I considered the factors set out in G.S. 14313-282.1(b) which are: 1) The degree and extent of harm to the natural resources of the State, to the public health, or the private property resulting from the violation; Unpermitted and unengineered system has discharged to Tuckaseigee River (WS-III —Trout) in the past. 2) The duration and gravity of the violation; This violation is ongoing. 3) The effect on ground or surface water quantity or quality or on air quality; There have been previous discharges to surface waters from this system. 4) The cost of rectifying the damage; Rectifying this will cost money. The system does not meet minimum design criteria, and may need to be upgraded. 5) The amount of money saved by non-compliance; Not building the system to the standards set by the state would result in a cost savings. 6) Whether the violation was committed willfully or intentionally; This collection system was constructed after the permitting program was developed, and portions were constructed in recent years, 7) The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority; No record 8) The cost to the State of the enforcement procedures. $250.00 Date F rreut R. Westall, Water Qua Regioinal Supervisor State of North Carolina Department of Environment and Natural Resources Asheville Regional Office Michael F. Easley, Governor William G. Ross, Jr., Secretary Gregory J. Thorpe, Ph.D., Acting Director Division of Water Quality MEMORANDUM TO: FROM: SUBJECT WATER QUALITY SECTION August 17, 2004 -0 C Forrest R. Westall Water Qualit Re Tonal Su e �bt -f." y g p r V i Kevin H. Barnett Environmental Chemist Enforcement Action Jackson County INTRODUCTION: Upon receiving a complain investigated the property o in Cullowhee. I located collectors, and a pump st performed and no records of was mailed on October 21, 2 and Assoc. to apply for a application for permittin system was received in Ma return as inappropriate o IV i. rx t lye rl �i r` iy3- t a out a failed STEP tank, I wn by Mr. Robert L. Pressley a S EP system, several gravity at'on. A records search was a permit were located. An NOV 00 . Mr. Pressley hired Herron c llection system permit. An this wastewater collection 2004. This application was June 16, 2004. CONCLUSION: Mr. Pressley has constructed a wastewater collection system without a permit.' RECOMMENDATION: It is recommended the appropriate enforcement action be taken against Robert L. Pressley. Enclosure 59 Woodfin Place, Asheville North Carolina 28801 Telephone 828-251-6208 FAX 828-251-6452 An Equal Opportunity Affirmative Action Employer 50% recycled/10% post -consumer paper WAiE4 Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Enviionment and Natural Resources Alan W. Klimek, P. E. Director Division of Water Quality Coleen H. Sullins, Deputy Director Division of Water Quality Asheville Regional Office WATER QUALITY SECTION CERTIFIED MAIL RETURN RECEIPT REQUESTED Mr. Robert Larry Pressley Post Office Box 1065 Cullowhee, 'North Carolina 28723 . Dear Mr. Pressley: October 21, 2003 Subject: NOTICE OF VIOLATION North Carolina General Statutes Article 21 A, Part I, Section 143-215.1 Construction of a Wastewater Collection System Without a Permit Macon County An -investigation performed by Mr. Kevin Barnett of the North Carolina Division of Water Quality, revealed a wastewater collection systern,'serving property owned by you,' located in Cullowhee; NC, without first obtaining a permit for the project. This letter is to advise you that such. construction is a violation of North Carolina General Statute (NCGS) 143-215.1, which requires that a permit be obtained from the Division of Water Quality prior to beginning construction of any sewer system. This Statute is enforceable under provisions of NCGS 143-215.6A. Construction must be in accordance with plans and specifications approved via the permit By copy -of this letter, I am advising the Jackson County Building Inspections Office that the sewage collection system, which has been. constructed is not approved and a permit has not been issued by this Division as required by the North Carolina General Statutes. 59 Woodfin, Place Asheville,' North Carolina 28801 Telephone (828) 251-6208 Fax (828) 251-6452 Customer Service 1-877-623-6748 Robert Larry Pressley Construction of a Wastewater Collection System Without, a Permit Page 2. You have ten (10) calendar days from receipt of this notice to submit to my attention, any reason you may have for failure to comply with all state rules and regulations. As this office is considering recommending civil penalty assessment for the above mentioned violations, your submitted information will be attached to any such recommendation. Construction of a Wastewater collection system without a permit may subject you to civil penalties of up to $25,000.00 per day, per incident, as per N.C.G.S. 143-251.1(a). If you have any question, do not hesitate to contact Kevin Barnett of my staff at kevin.bamett'Qncmaii.net or at 828-251-6208 ext. 205. Sincerely, e.64�all, Forres Water Quality Regional Supervisor cc: Jackson County Building Inspections Jackson County Health Dept Tuckaseigee Water and Sewer Authority Non -Discharge Compliance / Enforcement Unit r 59 Woodfin Place Asheville, North Carolina 28801 Telephone (828) 251-6208 Fax (828) 251-6452 Customer Service 1-877-623-6748 Mr. Kevin Barnett, November 12, 2003 I have contacted a Professional Engineer, Mr. Victor Lofquist, and he is doing a proposal on my pump station problem. In my recent letter I stated I would immediately fill out an application for permit however that is impossible since most of the information has to do with engineering. Application will be submitted as soon as possible. Mr. Lofquist can be reached at 828-586-1424. Sincerely, Robert Larry Pressley �NOV 14 2003lJ Dear Mr. Barnett, November 3, 2003 After receiving your letter of violation Friday, October 31, 2003, and talking with you Monday November 3, 2003, this is my plan: 1. I will fill out the application for permit of sewage system today and mail. 2. In reference to violation letter to Samuel Hopkins. concerning. sewage spill .under bridge the following action has been taken: The area has bedn limed, silt fence is in place along the Tuckesigee River and the PVC line has been removed. 3. I have installed lids with locks- and- _posted a sign with owners name and emergency phone numbers at the existing pumping station. 4. I am making every effort to be in compliance. Sincerely, Robert Larry Pressley E�CEIUE l -...HERRON -- -� -A S S O C I A T E S NCDENR-DWQ Water Quality Section r ' Attn: Kevin Barnette , 59 Wood_fi_ nYPlace Asheville; NC2880�,�- Re: Robert Larry Pressley-,tullowhee, NC, Dear Mr. Barnett n "`'•t, ` �� �-1t`� This is a letter to update you,b4fthe,status of the sanitary sewer application fotr Mr. Robert �\ �,,7' FLa _ PYressle in-Cullowhee' NC. We have currentlyivisited the site'and have scheduled' `'-' r a surrey crew to visit(the site�to gather,elevations fortthe) sewer hne�profile ;Our office will be closedrDecember 23ra tlirough:7anuary 5 ,so itwillbe after,the first oft e year before we wills submit a fast track application and,plans to your offs&',, -However, I 1 1 l z1 1 . :I � 1. wanted to assure yowtthaVWe were continuously working td,bring Mr Pressley into t4 compliance. Than'youlfor your help thus far. _ Ha PY.Holidays, ., Sharun Horne, E.I. T. - y 9WE IDEc �t' 2003 WATER DUALITY SECTION ASHEVILLREGIONAL 0i FICE E n g i n e e r i n g •, S-u r v e y i n g P 1. a n n i n g Herron Associates, P.A. • PO Box 1265 • 721 Main Street. • Bryson City, NC 28713 828.488.8949 • FAX: 828.488.8758 • Toll Free: 888.475.7300 • www.herronassociates.com Robert Larry Pressley PO Box 1065 Cullowhee, NC 28723 December2, 2003 Dear Mr. Barnett This letter is to let you know the progress of my situation. Two engineers have given me a proposal. I have applied with United Community Bank for a construction loan because the estimated expense is approximately $40,000.00. The loan requires an appraisal of my property and a closing. After this is complete, construction will begin when contractors can start. I hope you understand all of this takes time. Since the present pumping station has been working for eight years without any problem, I feel minimum risk for sewage spill. Sincerely, Robert Larry Pressley u�j�j DEC - 4 2003 Page 1 of 1 Jackson County Real Estate Data Parcel Summary PIN # 7559-45-3609 Owner Account ID 11175 Location Address NC107 Summary Building Property Description NC 107 Land Deeds Tax Cards Property Owner Owner's Mailing Address Property Location Address PRESSLEY, ROBERT LARRY D/B/A CULLOWHEE AUTO NC107 SERVICE PO BOX 1065 CULLOWHEE NC,28723 Administratve Data Transfer Information Assessed Value Acreage 1.81 Per Deed Land Value $ 90,500 Map Sheet 7559.10 Book/Page 0714/0074 Tot. Bldg. Value $ 535,100 Plat Reference 10/198 Deed Date 1989-01-26 Tot. Out Bldg. Val. $ 8,400 Census Tract 9506 Instrument Type City Boundary * Revenue Stamp * Total Deferred $ 0 Township Cullowhee Sale Price 0 Value Fire District * Additional Ref. History ID 1 History ID 2 Net Value $ 625,600 * Information Not Available Online at This Time DISCLAIMER This information is for the purpose of inventory of real property in Jackson County. It is complied from recorded deeds, plats, and public data records. Users of this information are hereby notified that the aforementioned public information sources should be consulted for verification. Jackson County or any employee, representative, or contractor employed by the County assumes no legal responsibility for,the content of this information or this website. Jackson County GIS Jackson County GIS Page 1 of 1 LAYERS a J Base Map " :. ✓1 C± Parcels Map Index Road Center Line Cou Boundary €.... J C Water . .-J Imagery er r Refresl'IVlap ?,p�6 if f•. 4 `_ i Help: e7 A closed group, click to An open group, click to c A layer contained within y°y ., A layer not contained wi J A hidden group/layer, cli A visible group/layer, cli A visible layer, but not a Mechnob.iss, Inc. - e Copyright(G)zao12oo3 A partially visible group. {` An inactive layer, click t The active layer. Zoom In http://ims.metrostat.net/website/JCGIS/viewer.htm?ActiveLayer=0&Query=PIN%3D%2... 10/21/2003 FROM TUSA PHONE NO. : 631 9089 Apr. 08 2003 05:18PM P1 $eiver � Aithw if. .. TUCK-ASEIG:EE '. ••;, s-"sK�r�rrG;acicsorr.coirrr�ii,: •�:::..• .. FAX COVER SHEET APR Ig% :_VE�LF REC-1- DATE: TO: NAME: /<',v L FAX NUMBER: FROM: NAME:. V FAX NUMBER: NUMBER OF FADES: JIN'CLUDING COVER PAGE) SUBJECT I NOTES: 1246 West Main St. Sytva, NC 28779 • (828)586-5189 • Pax, (828)631-9089 FROM : TWSA PHONE NO. : 631 9039 Apr. 08 2003 05:18PM' P_Z_ April 8, 2003 Mr. Kevin Barmet — Environmental Specilist Division of Water Quality - Water Quality Section 59 Woodfn Place Asheville, NC 28801 FAX: 828,251,6452 Subject: Temporary Connection to Wastewater Collection System: Dear Sir: Mr. Richard McHargae, Town Manager, contacted our office requesting assistance relative to a Notice of Violation issued to a citizen of Sylva, relative to sewage. surfacing onto ground. A copy of the NOV is attached. Please note that ten days were allowed for remedy. TWSA has agreed to work with the Town and the affeutud rusidruithd proporLy owner Lo keep Lbe tank, pun)ped USUIg tank truck. TWSA has gravity wastewater collection located approximately 220' from the failing septic system. The Town, of Sylva has committed to resolution of this situation as well as providing potential service to 11 additional homes in this area via an extension of the TWAS collection system. it is my understanding that the design and installation will take between 6 — 8 weeks. In the interim I am requesting, on behalf of The Town of Sylva and the property owner, that you will allow for the temporary installation of an appropriate sized pump station and the construction of.associated force main to move gray water to the manhole mentioned above by qualified personnel_ The proposed force would necessarily have to .run across an adjacent property that is owned by the mother of the affected property owner_ The property owner installed a new septic tank in January of 2003• Should this proffered temporary solution be possible please'a.dvise. It would also he much appreciated if the length of time were correlated with the proposed construction schedule. Sincerely, Hugh Montgomery Director CC_ Mr. Mickey Luker, Chairman TWSA Mr. Johnny Allison, Superintendent TWSA Mr. Diehard Mcliargue, Town Manager - Sylva 1246 West Main St. Sylva, NC 28779 • (828)586-5189 • Fax: (828)631-.9089 FR%ww&i>TWSA Oaf 07f 2003 PHONE NO. : 631 9089 Apr. 08 2003 05:21PM P1 13:10 8285262134 TOWN OF 5Yl-%IA WAGE M N. C. Department. of Environment and Natural Rewitreas/Divisiolk of lZnvironmental Health NOTICE OF VIOLATION ON -SITE WASTEWATER SYSTEM ZCertt#iod Mail (Rrturn MikmLrpt) 89 K�sxd e 0 Business r (Owner) ,_,,,,]l+int Cl:asti Man —Hand Dctiveir MWlix►g Addreaa: Locxtim: __ 6J� � Z / 0 dthex Yon are hiu-eby noti-fied Ow yati = violating the Rules adppted-by the North Carolina. Cott =iWon for Health Sczvices or ATdcle It ofChapter 130A of the General St&tutes ❑f North Carolinaby o nliug of oontrolling'aresidmoe, P*wofbusiness, - -orpl�e gfpublie i+s5�9hmbiy;�Will�;isi� 7�rJspmvi.�(i. WitF1'�[l a�j�A'Ov�d v�-��s,r.� w9tb�,'�y�tc�i i3�nv€ui compliaace. (lit J 3n ]naP8Qt14x1 of tho 'Wgajo water sy6twr#ti :,s ue saviawu Cutclii�- non!ia "—,.FUrul7ctiT indict the folzuw violations: You aw hextby ordaiW to liiiftg y= wastewater system jAt? cowplia=_ by oomple6g the fohowias: D b A0il/Repair wanewaW.systm "Yo'n must obtain [1 C2thrs Repairs (ilvael ) a Repair pormit from the local health department k6ep 4sh(i u1Y4 S,r �� ftthtiLd puaor is repaQir yattr sy�tezn. - .� itr"C�cte�����.th€�. de/ imminate wastewater disdwge and connect to a0 Perform Msinteitttnce (.5jaecify) approved wastewater soiim.' . Ifthe wastewater violation is not brotWitinto caittpliMce by— � �13pprcgxaat le r1 w action will be taken Wtlre to cuznply with the 1%wv8, nnles and this natioc will subject you to the follaw Q legal xmedies; Iv j=tion Relief ICY. S. 13UA 191 tl dm!•nisuative penowas [G. S. Panaitiez (C.S. 130 25).--- YQU May oontW Our office at 538 Soo* Clmk Road, ,S a, C U779 h828:- 6-8994: Phone; 929-596-1207, ), Notice Umed� Agent Daw D I�t1dA7 Compiiauco signed Agent Date DENR/DEH William G. Ross Jr., ir�eary North Carolina Department of Environment and Natural Resources WATER QUALITY SECTION January 14, 2002 CERTIFIED MAIL RETURN RECEIPT REQUESTED Mr. Samuel Cogdill Property Owner 185 Chaparral Drive Sylva, North Carolina 28779 Gregory J. Thorpe, Ph.D. Acting Director Division of Water Quality - 1I31�oZ Subject: NOTICE OF VIOLATION and RECOMMENDATION FOR ENFORCEMENT North Carolina General Statutes Article 21 A, Part I, Section 143-215.1 Discharge of Untreated Wastewater Without a Permit Jackson County . Dear Mr. Cogdill: Inspection of the Western Carolina Dodge Dealership in Sylva on December 11, 2001 by Kevin Barnett of the North Carolina Division of Water Quality, revealed that industrial wastewater, as defined in 15A NCAC 02H .0203(19)(b) was being discharged to waters of the state, without first obtaining a permit for treatment, or discharge. This letter is to advise you that making an outlet to waters of the state is a violation of North Carolina General Statute (NCGS) 143-215.1, which requires that a permit be obtained from the Division of Water Quality prior making outlet to waters of the state. This Statute is enforceable under provisions of NCGS 143-215.6A. You must take whatever actions are necessary to prevent industrial wastewater from entering waters of the state. If you have an explanation for this violation that you wish to present, please respond in writing to me within ten (10) days following receipt of this Notice. Your explanation will be reviewed and if an enforcement action is still deemed appropriate, your explanation will be given due consideration when civil penalties are assessed. If you have any questions regarding this matter, please do not hesitate to contact Kevin Barnett of my staff at 828-251-6208 ext. 205. Sincerely, r iorrXest R. Westall, Water Quality Regional Supervisor cc: Jackson County Building Inspections Jackson County Health Dept Tuckaseigee Water and Sewer Authority Non -Discharge Compliance / Enforcement Unit N. C. Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 (919) 733-7015 M DEN Customer Service 1 800 623-7748 Real Property Identify Results ,1 PIN: 7641-27-0761 NAME1: COGDILL, SAMUEL NAME2: ACCOUNT: 3081 MAP SHEET: 7641.05 ASSESSED A: 0.37 TOWNSHIP: , 28 BOOK PG: 270/371 STREETI: 185 CHAPARRAL DR STREET2: CITY ST: SYLVA NC ZIP: 28779 DEED DATE: -- SALES PRIG: 0 ALT MAP : PROP DESC: MILL ST PHYS ADDR: MILL ST BLDG VAL: 82200 LAND VAL: 134000 TOTAL VAL: 216200 Date: 1/9/2002 Time: 10:47:32 AM Page 1 TM 'FKOM HOLT LAW OFFICES PHONE NO. : 828 5e6 4005 Jan. 30 2002 11:49AM P1 I[IJAN 3 0 2002 W. Paul Holt, Jr. VIA FAX 828/251-6452 Mr. Kevin Barnett 59 Woodfin Place Asheville, North Carolina 28501 Law Offices of W. PAUi HOLT, JR., P.A. Post Office Box 217 5yIva, North Carolina 28779 6. Telephone $28-586-2121 702 West Main Street January 30, 2002 Re: Samuel Cogdill and Western Carolina Dodge Dealership Dear Mr. Barnett: Fax 828 586 4005 E-mail: paalholt2ahome.com I have been advised this date that Western Carolina Dodge is still not using the wash pit which is the subject of the violation against Mr. Cogdill. Also, I have been advised by Mr. Cogdill that he has procured two bids to connect the wash pit to the city sourer and is waiting on two other bids which he hopes to have today or tomorrow. I will keep you posted when all individuals that Mr. Cogdill has ask to submit a bid have done so and an agreement is reached on the price and time fame to do the worm. Thank you for your cooperation and assistance in this matter. With kindest regards, I am Sincerely yours, W. PAUL HOLT, JR., P.A. W. u Holt, Jr. WPH/mva O-f 0 V11, us c MA op t Michael F. asley Governor William G. Ross, Jr. North Carolina Department of Environment and Natural Resources Gregory J. Thorpe, Ph.D., Acting Director Division of Water Quality Asheville Regional Office April 29, 2002 CERTIFIED MAIL RETURN RECEIPT REQUESTED Mrs. Peggy Wike Post Office Box 67 Tuckaseigee, North Carolina 28783 SUBJECT: Assessment of Civil Penalties for VIOLATION OF North Carolina General Statutes Article 21 A, Part I, Section 143-215.1 Construction of Sewerage System Without a Permit Jackson County Dear Mrs. Wike: This letter transmits notice of a civil penalty assessed against Mrs. Peggy Wike in the amount of $4269.28 which includes $269.28 in investigative costs. Attached is a copy of the assessment document explaining this penalty. This action was taken under the authority vested in me by delegation provided by the Secretary of the Department of Environment and Natural Resources. Any continuing violation(s) may be the subject of a new enforcement action,, including an additional penalty. Within thirty days of receipt of this notice, you must do one of the following: 1. Submit payment of the penalty: Payment should be made directly to the order of the Department of Environment and Natural Resources (do not include waiver form). Payment of the penalty will not foreclose further enforcement action for any continuing or new violation(s). Water Quality Section, 50 Woodfin Place Asheville, NC 28801-2414 Telephone: 828/251-6208 Customer Service Fax: 828/251-6452 1 800 623-7748 -2- Please submit payment to the attention of: Mr. Steve Lewis NCDENR DWQ 1617 Mail Service Center Raleigh, North Carolina 27699-1617 W 2. Submit a written request for remission or mitigation including a detailed justification for such request: A request for remission or mitigation is limited to consideration of the reasonableness of the amount of the penalty and is not the proper procedure for contesting the accuracy of any of the statements contained in the assessment letter. Because a remission request forecloses the option of an administrative hearing, such a request must be accompanied by a waiver of your right to an administrative hearing and a stipulation that there are no factual or legal issues in dispute. You must execute and return to this office the attached waiver and stipulation form and a detailed statement which you believe establishes whether: (a) one or more of the civil penalty assessment factors in G.S. 143B-282.1(b) were wrongfully applied to the detriment of the petitioner; (b) the violator promptly abated continuing environmental damage resulting from the violation; (c) the violation was inadvertent or a result of an accident; (d) the violator had been assessed civil penalties for any previous violations; (e) payment of the civil penalty will prevent payment for the remaining necessary remedial actions. Please submit this information to the attention of Mr. Steve Lewis NCDENR DWQ 1617 Mail Service Center Raleigh, North Carolina 27699-1617 M-0 -3- 3. Submit a written request for an administrative hearing: If you wish to contest any portion of the civil penalty assessment, you must request an administrative hearing. This request must be in the form of a written petition to the Office of Administrative Hearings and must conform to Chapter 150B of the North Carolina General Statutes. You must file your original petition with the: Office of Administrative Hearings 6714 Mail Service Center Raleigh, North Carolina 27699-6714 ME Mail or hand -deliver a Copy of the petition to: Mr. Dan Oakley NCDENR Office of General Counsel 1601 Mail Service Center Raleigh, NC 27699-1601 Failure to exercise one of the options above within thirty days, as evidenced by a date stamp (not a postmark) indicating when we received your response, will result in this matter being referred to the Attorney General's Office with a request to initiate a civil action to collect the penalty. Please be advised that additional assessments may be levied for future violations, which occur after the review period of this assessment. If you have any questions, please contact Mr. Kevin Barnett at (828) 251-6208. Sincerely, r ;est R. es all Water Quality Regional Supervisor ATTACHMENTS cc: File CV02-004 w/ attachments Central Files w/ attachments Public Information Officer w/ attachments STATE OF NORTH CAROLINA COUNTY OF Jackson NORTH CAROLINA DEPARTMENT OF ._ ENVIRONMENT AND NATURAL RESOURCES IN THE MATTER OF Bruce and And Peggy Wike FOR CONSTRUCTION OF A SEWER SYSTEM File No. CV02-004 FINDINGS AND DECISION AND ASSESSMENT OF CIVIL PENALTIES Acting pursuant to North Carolina General Statute (G.S.) 143-215.6A, and delegation provided by the Secretary of the Department of Environment and Natural Resources and the Director of Water Quality, I, Forrest R. Westall, Water Quality Regional Supervisor for the Asheville Region, hereby make the following civil penalty assessment against: I. FINDINGS OF FACT: A. On May 3, 2001, DWQ staff inspected the unpermitted collection system serving one residence and a restaurant located on NC Hwy 107 in Cullowee. B. At the time of inspection, raw wastewater was discharging to both the ground surface and to a conveyance to waters of the state. C. Subsequent phone conversations with Mrs. Wike instructing her to remove the existing sewer system and directly tie the restaurant to a manhole located at the rear of the property and properly install a building tap for the single residence which complied with either the local building code, or with 15A NCAC 02H .0219. D. A follow up inspection on March 17, 2002 revealed that no attempt to rectify the situation has been made. E. Mrs. Wike was contacted by phone on April 15, 2002 and notified that if no attempt to rectify the situation by April 19, 2002, that the Division of Water Quality would have no other option than to assess a civil penalty for failure to comply with the rules.• F. A follow up inspection on April 26, 2002 revealed that no attempt to rectify the situation has been made. G. The costs to the State of the enforcement procedures in this matter totaled $269.28. 59 Woodfin Place, Asheville North Carolina 28801 Telephone 828-251-6208 FAX 828-251-6452 An Equal Opportunity Affirmative Action Employer 50% recycled/10% post -consumer paper Based-up6n the above Findings of Fact, I make the following: Ii. CONCLUSIONS OF LAW: A. Mrs. Peggy Wike is a "'person" within the meaning of G.S. 143- 215.6A pursuant to G.S. 143-212(4). B. The sewer system cited in finding of Fact A above falls within the definition of same at G.S. 143-213(15) C. A permit is required for the construction of a sewer system pursuant to G.S. 143-215.1(a)(2). . D. Mrs. Peggy Wike may be assessed civil penalties pursuant to G.S. 143-215.6A(a)(2) which provides that a civil penalty of not more than twenty-five thousand.dollars per violation may be assessed against a person who is required but fails to apply for or to secure a permit required by G.S. 143-215.1. E. The State's enforcement costs in this matter may be assessed against Mrs. Peggy Wike pursuant to G.S. 143-215.3(a)(9) and G.S. 143B-282.1 (b) (8) . F. The Director, Division of Water Quality, pursuant to delegation provided by the Department of Environmental and natural Resources and authorized by G.S. 143-215.6A, has the authority to assess civil penalties in this matter. Based upon the above Findings of Fact and Conclusions of Law, I make the following: 59 Woodfin Place, Asheville North Carolina 28801 Telephone 828-251-6208 FAX 828-251-6452 An Equal Opportunity Affirmative Action Employer 50% recycled/10% post -consumer paper III. DECISION: S Mrs. Peggy Wike is hereby assessed a civil penalty of: $_4,000.00 For failing to apply for or to secure a permit as required by G.S. 143-215.1 for construction of the subject sewer system. $ 4,000.00 $ 269.29 $ 4,269.29 TOTAL CIVIL PENALTY Enforcement costs TOTAL AMOUNT DUE As required by G.S. 143-215.6A(c), in determining the amount of the penalty I considered the factors set out in G.S. 143B-282.1(b), which are: (1) The degree and extent of harm to the natural resources of the State, to the public health, or to private property resulting from the violation; (2) The duration and gravity of the violation; (3) The effect on ground or surface water quantity or quality or on air quality; (4) The cost of rectifying the damage; (5) The amount of money saved by non-compliance; (6) Whether the violation was committed willfully or intentionally; (7) The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority; and (8) The cost to the State of the enforcement procedures. 16911i1"9_at92__ r ( e) G egory J. Thorpe, Ph.D., Acting Director Division of Water Quality 59 Woodfin Place, Asheville North Carolina 28801 Telephone 828-251-6208 FAX 828-251-6452 An Equal Opportunity Affirmative Action Employer 50% recycled/10% post -consumer paper J DIVISION OF WATER QUALITY CIVIL PENALTY ASSESSMENT Violator: Mrs. Peggy Wike County: Jackson Case Number: CV02-004 ASSESSMENT FACTORS 1) The degree and extent of harm to the natural resources of the State, to the public health, or to private property resulting from the violation; (LLf'ot significant ( ) moderately significant ( ) significant ( ) very significant ( ) extremely significant 2) The duration and gravity of the violation; (LL,1rot significant ( ) moderately significant ( ) significant ( ) very significant ( ) extremely significant 3) The effe�ct�n ground or surface water quantity or quality or on air quality; ('yam not significant ' ( ) moderately significant ( ) significant ( ) very significant ( ) extremely significant 4) The.cost of rectifying the damage; ( ,not significant ( ) moderately significant ( ) significant ( ) very significant ( ) extremely significant 5) The amount of money saved by non -co liance; not significant (, moderately significant ( ) significant ( ) very significant ( ) extremely significant 6) Whether � t�he� violation was committed willfully or intentionally; K;:;iot significant ( ) moderately significant ( ) significant ( ) very significant ( ) extremely significant 7) The prior record of the violator in complying or failing to comply with programs over which t e Environmental Management Commission has regulatory authority; and .( of significant ( ) moderately significant ( ) significant ( ) very significant ( ) extremely significant 8) The cost to the State of the enforcement procedures. (wnot significant ( ) moderately significant ( ) significant ( ) very significa ext emely signi 'ca t 4—k-6 Date orrest R. esta , Water Quality Supervisor Asheville Regional Office REMISSION FACTORS ( ) Whether one or more of the civil penalty assessment factors were wrongly applied to the detriment of the petitioner; ( ) Whether the violator promptly abated continuing environmental damage resulting from the violation; ( ) Whether the violation was inadvertent or a result of an accident; ( ) Whether the violator had been assessed civil penalties for any previous violations; and ( ) Whether payment of the civil penalty will prevent payment for the remaining necessary remedial actions. Date t Gregory Thorpe, Acting Director Division of Water Quality Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P. E. Director Division of Water Quality CoIeen H. Sullins, Deputy Director Division of Water Quality WATER QUALITY SECTION October 17, 2003 CERTI)F'IED MAIL RETURN RECEIPT REQUESTED Samuel R. Hopkins 67 Silver Dollar Road Cullowee, NC 28723 Subject: Notice of Violation and Recommendation for Enforcement Discharge Without a Permit Failure to Report Spill of Wastewater Reaching Surface Waters Jackson County Dear Mr. Hopkins: Asheville Regional Office On October 16, 2003, Mr. Kevin Barnett of my staff discovered a discharge of wastewater from a force -main served by a pump station located on property owned by you. The wastewater being spilled from this force -main was entering the Tuckaseigee River (class B Trout). A review of both, the Division of Water Quality's records and the State Emergency Response Center's records failed to reveal a report of any sewage spill in the area during 2003: The following must occur within 5 days of receipt of this letter. 1. Any solids left at the spill site must be removed and disposed of in an approved manner. ( ie: shoveled into a waste receptacle and further disposed of at a permitted land fill.) 2. The site must be lined (with ag. lime) to limit the potential health threat of the spread of pathogens. (Lime should not be allowed to enter into the Tuckaseigee River) 3. The aerial PVC pressure line must be replaced with ductile iron pipe with water tight seals, on permanent (not 2x4 saw -horses) stanchions (pillars). 4. A 24 hour, 7 day a week emergency contact name and phone number must be posted at the site. Should you wish to provide any reason or mitigating circumstances for the cause of this discharge of waste to surface waters of the state, or for the failure to report to spill as required by 15A NCAC 02B .0506(a)(2), you must do so within 10 calendar days of receipt of this letter. Any response you provide will be given consideration in preparation of any further enforcement documents. MOM 59 Woodfin Place Asheville, North Carolina 28801 Telephone (828) 251-6208 Fax (828) 251-6452 . Customer Service 1-877-623-6748 Notice of Violation and Recommendation for Enforcement Mr. Sam Hopkins Page 2. Additionally, the pump station may not comply with 15A NCAC 2H .0227(d) which requires the following:, • The sewer system must be properly maintained and operated at all times to prevent discharge of waste. • A map of the sewer system must be developed and maintained. • An operations and maintenance plan must be developed and implemented. • Pump stations without telemetry must be inspected seven (7) days a week (to be recorded in a daily log). • A general observation of the entire system must be performed and documented at least once per year. • Inspection and maintenance records are to be maintained for a period of 3 years. • Overflows and bypasses are reported to the appropriate Division regional office in accordance with 15A NCAC 2B .0506(a) and public notice is provided as required by North Carolina General Statute (G.S.) 143- 215.1C. • Emergency contact information with the owner's name, pump station locator, and a 24 - hour emergency contact number must be posted prominately at each pump station. • Lastly, each pump station must limit public access using devices such as a locked fence, or padlocks on all controls, access panels, and appurtenances. Should any of the above not exist, you must bring the permitted wastewater pump station (and the down stream wastewater pump station) into compliance immediately. The septic tank (STEP system) must be repaired immediately. Should the pressure line from this STEP system cross property under separate ownership, it must be permitted in accordance with 15A NCAC 2H .0200. A plan of action including a tine line for completion of repairs must be submitted within 10 business days of receipt of this Notice. It should be noted that that violations of water quality rules and regulations may result in the assessment of civil penalties of up to $25,000.00 per day, per incident, as per N.C.G.S. 143-25 1. 1 (a). Should you have any. questions in regards to this document, please do not hesitate to contact Mr. Kevin Barnett of my staff at 828.251.6208. Sincerely, Forrest R. Westall Water Quality Regional Supervisor cc: Jackson County Health Department Jackson County Building Inspectors Office Non -Discharge Compliance and Enforcement Unit Ms. Sharun Horne, E.I.T, Herron Associates, PA PO Box 1265 Bryson City, NC 28713 N#t 59 Woodfin Place Asheville, North Carolina 28801 Telephone (828) 251-6208 Fax (828) 251-6452 Customer Service 1-877-623-6748 November 2, 2003 Mr. Kevin Barnett 59 Woodfm Place Asheville, NC 28801 Dear Mr. Barnett: FNOV,- I..J d 2003 WATER QUALITY SECTION HEVILL REGIONAL OFFICE # Please accept this letter in reply to your certified .letter obtained by me on October 28, 2003. Solids at the spill site were removed in an approved manner. The spill site was cleaned and lime was spread as you required. The aerial PVC pressure line you spoke about has been completely done away with and no longer exists. A 24 hour, 7 day a week emergency contact name and phone number has been posted at the site. . The septic tank system has been replaced with a new system as required by Engineer E.I.T. Herron Associates, PA. You have a copy of these plans in your possession as you took them from Tuckaseigee Water and Sewer Authority. The plans stated a 1500 gallon septic tank for solids; I put a.1600 gallon tank with a filter. The left riser is for pumping out the solids, the right riser has the filter which will be checked periodically. The second tank is a 1850 gallon tank which is 350 gallons above what was required. This is for water only which is pumped by a Myers submersible Pump, effluent and sewage pump. The plans called for a 25 head and I applied a 32-head pump. The water level is approximately 8 inches above the pump where the first mercury float is set. The second float for the. pump system to turn on is set to pump approximately, 300 gallons of water at one time; the third float is the emergency system float which is set approximately 300 gallons of water above the second float. The emergency, float has been tested and working properly. As you can see the septic system has been replaced and I have come into compliance with everything that you requested. I am enclosing a copy of the daily log I intend to use, if you have any problems please contact me. Lastly all devices have locks and public access has been limited by cementing four iron posts around the system. I have called you twice and left messages for you to return my calls. You also received a fax from Tuckaseigee Water and Sewer Authority showing that I had come into compliance with what you requested. You have a map of the septic system in your possession showing the complete system. If you have any questions please contact me. Sincerely, Samuel R. Hopkins 67 Silverpollar Road Cullowhee, NC 28723 828-293-5849 c: E.I.T. Herron Associates, PA Forrest R. Westall Water Quality Regional Supervisor Hugh Montgomery Tuckaseigee Water and Sewer Authority NOV - 41003 November 2, 2003 Mr. Kevin Barnett 59 Woodfin Place Asheville, NC 28801 Dear Mr. Barnett: Please accept this letter in reply to your certified letter obtained by me on October 28, 2003. Solids at the spill site were removed in an approved manner. The spill site was cleaned and lime was spread as you required. The aerial PVC pressure line you spoke about has been completely done away with and no longer exists. A 24 hour, 7 day a week emergency contact name and phone number has been posted at the site. The septic tank system has been replaced with a new system as required by Engineer E.I.T. Herron Associates, PA. You have a copy of these plans in your possession as you took them from Tuckaseigee Water and Sewer Authority. The plans stated a 1500 gallon septic tank for solids; I put a 1600 gallon tank with a filter. The left riser is for pumping out the solids, the right riser has the filter which will be checked periodically. The second tank is a 1850 gallon tank which is 350 gallons above what was required. This is for water only which is pumped by a Myers submersible Pump, effluent and sewage pump. The plans called for a 25 head and I applied a 32 head pump. The water level is approximately 8 inches above the pump where the first mercury float is set. The second float for the pump system to turn on is set to pump approximately 300 gallons of water at one time; the third float is the emergency system float which is set approximately 300 gallons of water above the second float. The emergency float has been tested and working properly. As you can see the septic system has been replaced and I have come into compliance with everything that you requested. I am enclosing a copy of the daily log I intend to use, if you have any problems please contact me. Lastly all devices have locks and public access has been limited by cementing four iron posts around the system. s I have called you twice and left messages for you to return my calls. You also received a fax from Tuckaseigee Water and Sewer Authority showing that I had come into compliance with what you requested. You have a map of the septic system in your possession showing the complete system. If you have any questions please contact me. Sinc ly, 4;� - 4i-;-- Samuel R. Hopkins 67 Silverpollar Road Cullowhee, NC 28723 828-293-5849 c: E.I.T. Herron Associates, PA Forrest R. Westall Water Quality Regional Supervisor Hugh Montgomery Tuckaseigee Water and Sewer Authority TRIPLE B II DAILY INSPECTION LOG CULLOWHEE, NC 28723 SAM HOPKINS OCTOBER 2003 THROUGH OCTOBER 2004 DAILY INSPECTION INCLUDES WALK AROUND THE ENTIRE SYSTEM, AND CHECK FOR ANY LEAKS OR ABNORMALITIES. GENERAL OBSERVATION OF THE ENTIRE SYSTEM WAS PERFORMED ON NOVEMBER 19, 2003. ENTIRE SYSTEM OPERATED AS SHOULD HAVE; CHECKING FLOATS, WATER LEVEL, PUMP OPERATION, AND ALARM SYSTEM. TRIPLE B H DAILY INSPECTION LOG CULLOWHEE, NC 28723 SAM HOPKINS OCTOBER 2003 THROUGH OCTOBER 2004 DAILY INSPECTION INCLUDES WALK AROUND THE ENTIRE SYSTEM, AND CHECK FOR ANY LEAKS OR ABNORMALITIES. GENERAL OBSERVATION OF THE ENTIRE SYSTEM WAS PERFORMED ON NOVEMBER 1, 2003. ENTIRE SYSTEM OPERATED AS SHOULD HAVE; CHECKING FLOATS, WATER LEVEL, PUMP OPERATION, AND ALARM SYSTEM. Complete items 1, 2, and 3. Also complete A. Sig ture item 4 if Restricted Delivery is desired. ❑ Agent Print your name and address on the reverse I ❑ Addressee so that we can return the card to you. 1. B. Received by (Printed Name) C. Date of Delivery �_gts�nk 4fai�rartl to thla hw- a ail iece f': o different from item 1? ❑Yes t I lat6ral Resources ery address b>310 No 8 ,Highway 7 v� r rianoa, Nc '28778 D �Y"?fiViq D Y f OL'V lERS Type , AF ;�A_1srTE� vice !` VAL, LE y 1)� s� ��r€�drv�! t�� yjFFICE I Certified Mail ❑ 715-6_•RF'IA - i1 `iJ 1lE4` Express Mail_�.%" r -.. registered Return Re4iQj�tjO! vlerohandise JACKSONV, f L- LE FL--",-)'e 6'_ ❑ Insured Mail 4C.O.D. i 4. Restricted Delivery? (Extra Fee) ❑ Yes ?. Article Number 7204 a75a aaoa 2593 0453 (Transfer flrom service (abel� rl 1 Ilf 1!!l 11 I f'!l J,IlI 11 111 ff 1 !1! I IS Form 3811, August 2001 Domestic Return Receipt 102595-02-M-154r i UNITED STATES POSTAL SERE- I L S E P U' 'L,•,�� North Caro R;WJ j tp, 6hment an@�biauial, Highway 70, .Swannanoa, MR. LARRY.FROST NCDENR-D&/V0 SURFACE WATER PROTECTION 2090 U.S.- HIGHWAY 70 SWANNANOA NC 28778 III IfIIIIIIIII11iII1111111111111dill11111111i111„ill:.illlfl Possta- lafailC USPgsai S& Permit No. G-10-- - Complete items 1, 2, and 3. Also complete A. Signature item 4 if Restricted Delivery is desired. X ❑ Agent Print your name and address on the reverse dressee so that we can return the card to you. Received by (Printed Date of a iv ry N Attadh this card to the back of the mailpiece rfa' Gal a n� �rfm M of s di m item 1? LL Envtroncitural cisve ddre s belov� ❑1` 2090 U.S. HighwvSkvan anoa,.io W O ,.,.jo cn NCDIN:- g m ❑O Q w BRUNO MARTIN, O VNER ,`'fb� 3. Se is ypeLu BRUNOS-MOUNTAIN BISTRO.` ertified MallgressMSR uiegisteredrn Receipt for ad ndise 73 SLAB _T.OW N- ROAD' 3 = ❑ Insured Mail co CAS H I B RS 0.7 8717 `t;: 4. Restricted Dellve#61444, ❑ ye ?. Article Number 4 oJ75iO3 P000 259110479 (Transfer from ser' lce labep I 3t: ,s Form 3811, August 2001 Domestic Return Receipt 102595-02-M-154c UNITED STATES POSTAL SERVICE L E fVol � r PM N Q73C1 Hgh\nl^Y NPENR MR. LAkRY FROST -cp V NCOENR-DWQ ® SIJRFACir WATER PROTECTION 2090 U.S. HIGHWAY IQ SWANNANOA NC. 28775 ■ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, A. Signature X ❑ Agent ❑ Addresses B. Received by (Printed Name)U 1 Cy Date of Deliver. •ferentfrom item 1? U Yes North Carolina_ Qepa i* Envi�onmenand Natural s urce re ❑ No w- ��` 209.0 U.S. Highw6y.74-,Swannanoa, t c EPER LL �o o [F�OSERT L PRESSLEI' 5/4 770 BEE TREE ROAD 3 YYPe z all pre CIENVILLE NC 28736 ❑ Rig ter d Retur { ptfor Merchandis( ❑ e ail co C.O. 4. Restricted elivery?c(Extra d..4 —! ❑ Yes 2. Article Number Q (Transfer`from service /a6e� S` ;; i 17 4 i 07 3S Form 3811, August 2001 Domestic Return Receipt= 102595 o2-M-t54 Olf - 17 AA �ne)o q UNITED STATES POSTAL SERVICE -glass Mai J-P MLE .......... - A �-2B 7&A ,6 iv, roninent 0t.44,*S�Higilway 70; Stmannanoa, Nc 28778 N NCDERR MR. KEVIN BARNETT NCDENR-DIVVQ SlJRFAC--"E-V,-A.TER PROTECTION 2090 U.S,'-HIGHWAY 70 SWANNANO-A NC 23778 P. -3. :.; 4. 111 1111 It II fit I I IIII I I III if ■ Complete items 1, 2, and 3. Also complete A. Signature item 4 if R�stflrted Delivery is desired. /J ❑ Agent ■ Print your�name and address on the reverse X rs?XC ❑ Addresse( so that we can return the card to you. B. Received b (P inted Name) C. Date of Deliver) ■ Attach this card to the back of the mailpiece,. North Ca'rplina Departrn6nt Of Brent from item 1? ❑ Yes Environment and: Na#oral Resources.- address below: ❑ No 59Woodfin Place; Asheville; NC 28801NCD I LROBER—FLARRY PRESSLEY ' 3.Ecelgistered ceType OST OFFICE BOX 1-065- rtified snail 'ass aii R urn celpi?, ULLOWHIEE NC -28723- - ❑ insured Mau c... I {ss{r{�4. RestrictedDelivery?(Ext._iTNum er - - -- -- -- (Transfer from service 1*0 7 0 01 2 510 - 0 0 9 112 6 4663, 'S Form 3811, AbgusY 2661 i t % I ` o6estic Return Receipt " G C UNITED STATES POSTAL SERVICE First -Class Mail Postage & Fees Paid USPS , Permit No G-1,0 N No-&i Carolina Department of Environment and f P-Wrial 1' OSGUI @S • Jai ti:\ oodflri PI.-)ce, AslieviiiE', NC 1EfilIlE,ll�ii�f�!!1ldii��l1�!'f�!!I!!!��lIIlli�llilflfif��f!} ■ Complete'itemG 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card �to the back of the mailpiece, or on the front if space permits. Article Addressed to: MS. PEGGY WWVIKE POSE" OFFICE BOX 67 TUCKRSEIGEE, NC 28783 A. Received by (Please Print Clearly) B. Date of Delivery AVI Ulr kP 5- 2 -02- C. Signature D. Is delivery address different from -item 1? If YES, enter delivery address below: ❑ Agent ❑ Addre ❑ Yes ❑ No 3. Serv'4 Type Certified Mail ❑ press Mail ❑ Registered Return Receipt for Merchandise ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) ❑ Yes 2.. Art er(C y�from :IS Form 3811, July 1999 Domestic Return Receipt 102595-99-M-17e9 UNITED STATES POSTAL SERVIMI t�,�; a1�Po2aQ Paid Ilt �"_�.� , "Permit=N� G �Q North Carolina Department of `JCPENI� J3n�ironment and Natural Resources "` �9 W,)oclkn Place Asheville rl' -141 J NCDENR - DWQ - WQS 1 MAY 0 2 10 53 WOODFIN PLACE I ASHEVILLE, NC 28801 ■ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ■ Print your name and address on the reverse so that we can return the card to you: ■ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: ►C,r.�S 67 SILVER DOLLAR ROAD ICULLOWHEE NC 28723 A. grrat I' /❑ Agent ❑ Addressee B ceived by (I}int� am�)�'( Rf pt{pry A If/T 11/1 rlL �' 8 D. lls delivery ad&&s Went 60it m i� ? ❑ Yes / If YES, enter delivery address bel❑_ No UPS 3. Se ice Type i Certified Mail gistered ❑ Express Mail Return Receipt for Merchandise ❑ Insured Mail D. 4. Restricted Delivery? (Extra Fee) ❑ Yes I ?. Article Number (Transfer from service la.beil 7.0 01 2 510 0 0 0 9 112 6 4 7 6 2 r� I 102595-02-M-1540 I UNITED STATES POSTAL SERVICE • Sender: Please print your name, address, and First -Class Mail Post USRSage,& Fees Paid l' Permit No. G-10 v 311 �DW � �� )� LIB �e r� z "z m