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HomeMy WebLinkAboutJackson Co. Dams-A !A NCDENR North. Carolina Department of Environment and Natural Resources Division of Land Resources James D. Simons, P.G., P.E. Land Quality Section Michael F. Easley, Governor Director and State Geologist William G. Ross Jr., Secretary June 4, 2003 CERTIFIED MAIL RETURN RECEIPT REQUESTED Mr. Jim Highley, Sr. Regional Manager CWS Systems, Inc. Post Office Box 240908 Charlotte, North Carolina 28224 Mr. Darrell Wood, Registered Agent Fairfield Sapphire Valley Master Association, Inc. Post Office Box 2048 Cashiers, North Carolina 28717 RE: Little Hogback Dam, Jackson County JACKS-003 UN 16 1 A (ir,; ; UALITr SEOTIOP! The Dam. Safety Law of 1967 provides for the certification and inspection of dams in the interest of public health, safety, and welfare, in order to reduce the risk of failure of . dams; to prevent injuries to persons, damage to downstream property; and to ensure the maintenance of stream flows. Little Hogback Dam is classified as a high hazard potential dam under North Carolina Administrative Code Title 15A Subchapter 2K .0105 because it is located immediately upstream of US Highway 64. Catastrophic failure of the, dam would likely overtop. and damage the highway. This would threaten public safety since the highway is heavily traveled and the sight distance is limited approaching the Little Hogback Creek crossing. The presence of a non -encased, pressurized water main in this dam presents an unacceptable risk to the public. If the water main ruptures, high velocity discharge of water would cause severe and rapid erosion of the earth fill of the dam that could lead to catastrophic failure. In addition, the current location of the water main is hindering, necessary repairs to the spillway system of the dam. The existing spillway has inadequate capacity to pass the required design flood. Also, the structural condition of the existing spillway has deteriorated to the point that it may be unable to contain flows entering it. Water not contained within the spillway or flowing over the dam's crest could lead to catastrophic failure. 1612 Mail Service Center, Raleigh, North Carolina 27699-1612 • 919-733-4574 / FAX: 919-733-2876 512 North Salisbury Street, Raleigh, North Carolina, 27604 An Equal Opportunity \Affirmative Action. Employer-50% Recycled 110%• Post Consumer Paper Mr. Highley and Mr. Wood June 4, 2003 Page 2 To ensure public safety, the water main must be removed from the dam or be placed completely inside a vented casing. If the casing option is selected, the casing must be rated for the pressure used by the water main, and the vents must be located such that water flowing from the vents would not cause erosion to the dam. The existing water main must be grouted if left in place. CWS Systems Inc., and Fairfield Sapphire Valley Master Association need to reach an agreement that will allow spillway repairs to immediately proceed because the existing condition of the dam is potentially dangerous. CWS Systems, Inc., and Fairfield Sapphire Valley Master Association, Inc. have been aware of our concern about this water main for more than three years but have been unable to agree on a solution. This issue must be resolved or I will be compelled to seek injunctive relief to ensure public safety. You may contact me by telephone at (919) 733- 3833 to discuss this matter. Sincerely, awes D. Simons, PE, PG Director cc: Mr. William H. Coward; Coward, Hicks, and Siler, PA Mr. Andy Lee, Director, Public Staff, NC Utilities Commission Ms. Linda Sewall, Director, Division of Environmental Health Ms. Jessica Miles, Chief, Public Water Supply Section Mr. Harold Saylor, Regional Engineer, Public Water Supply Section Mr. J. C. m Bugarner, PE, Pinnacle Engineers, PC Mr. Bronce Pesterfield, PE, Pesterfield Engineering. PA Mr. Richard A. Phillips, PE, Regional Engineer, Land Quality Section -I - COWARD, HICKS & SILER, P.A. ATTORNEYS AND COUNSELORS AT LAW Orville D. Coward James Kent Coward(1929-1989) Monty C. Beck Orville D. Coward, Jr. Thomas R. Crawford* Ralph L. Hicks PLEASE REPLY TO: Richard K. Walker James Kent Coward, Jr. P. O. Box 1918 (postal only) Heather C. Baker William H. Coward 211 Cashiers School Road (overnight mail only) * Certified specialist in Kimberly R. Coward Cashiers, North Carolina 28717 Estate Planning and Robert F. Siler (828) 743-2401 / fax: (828) 743-2403 / bcoward@cashierslaw.com Probate Law -- OTHER OFFICES -- 43 West Main Street 705 West Main Street Franklin, North Carolina 28734 Sylva, North Carolina 28779 (828) 524-6475 / fax: (828) 524-9833 (828) 586-2147 / fax: (828) 586-2605 June 11, 2003 North Carolina Department of Environment and Natural Rbsources 1� �J 1612 Mail Service Center 512 North Salisbury Street, Archdale Building, Room,. UN � 2 2003 j Raleigh, North Carolina 27699-1612 1 . WATER UA1. �_ t ASNE UPI f T Attn: Mr. James D. Simons '- - ��t�-� REuti�[VAL �F �,_ ;R r and VIA FACSIMIL E: .919 715 8801 Dear Mr. Simons: I have reviewed your letter of June 4 in this matter. We appreciate your attention and assistance in resolving this matter and we look forward to a definitive resolution in the near future. The response of the Master Association to your letter is simply this: The waterline in the dam must be moved, as you have stated, but the Master Association will not pay for the costs of moving the line, although it will grant sufficient easements to CWS, at no charge to enable CWS to bypass the dam and comply with dam safety requirements. In my last letter to you, I explained why the Association feels that CWS should bear the financial responsibility to move the line and I would only refer to that letter at this point. In addition, I think it is highly significant that the Association is volunteering to encumber its property with an easement in favor of CWS. Perhaps the monetary impact of such an easement on my client's property should be explored further. We hope>that you will,issue a letter specifically directing CWS to move the waterline at its sole expense, but in cooperation with the Association as to the location of easements. Thank you for your continuing attention to this matter. 4 Y7Lwardj Wamilli WHC/cpg Cc: Darrell Wood (Association) Martin Lashua (CWS) Jim Higley, Sr. Regional Manager Andy Lee, Director, Public Staff, NC Utilities Commission Linda Sewall, Director, Division of Environmental Health Jessica Miles, Chief, Public Water Supply Section,_ __ _ Harold Saylor, Regional Engineer, Public Water Supply Section J.C. Bumgarner, PE, Pinnacle Engineers, PC Bronce Pesterfield, PE, Pesterfield Engineering, PA Forrest R. Westall, PE, Regional Supervisor, Water Quality Section Richard A. Phillips, PE, Regional Engineer, Land Quality Section A, NCDENR North Carolina Department of Environment and Natural Resources Division of Land Resources Land Quality Section James D. Simons, PG, PE birector and State Geologist March 11, 201 OF DEFICI CERTIFIED MAIL-7009 1680 0000 7515 0676 CERTIFIED MAIL-7009 1680 0000 7515 0683 RETURN RECEIPT REQUESTED SPE GO Holdings Inc. c/o Textron Financial Corporation ATTN: Jerry Hinkley 11575 Great Oaks Way, Suite 210 Alpharetta, GA 30022-2426 r Beverly.Eaves Perdue,.Governor Aee F�man; "See�etary MAR 1 1 2011 llU f( r� E :. WATER QUALITY SECTION . ASHEVILLE REGIONAL OFFICE Barton Tuck Sapphire Valley Golf Course Manager 200 Meyer Farm Drive Pinehurst, NC 28374 RE: Sapphire Valley Golf Course, State ID No. JACKS-028 Hazard Potential: High; Jackson County Dear Sir or Madam: The Dam Safety Law of 1967 provides for the certification and inspection of dams in the interest of public health, safety, and welfare, in order to reduce the risk of failure of dams, to prevent injuries to persons, damage to downstream property, and to ensure the maintenance of stream flows. A visual inspection of the referenced dam was conducted on January 20, 2011 by staff of the Land Quality Section -Asheville Regional Office. A Notice of Deficiency was sent on February 8, 2011 to Sapphire National, LLC, the previous owner and their registered agent. We.understand you are the new owner and/or the manager of the property associated with this dam. -During-this-inspection; the -following -conditions -were -noted-:--- ----- ____._ Repairs to the 10' x 16' hole that had developed on the concrete spillway were made without prior approval from the State's Dam Safety Engineer. Repair plans were requested in the Notice of Deficiency issued on October 9, 2008. Mr. Terry E. Allen, PE, prepared and submitted as -built plans for the spillway section. A letter from William H. Denton, Assistant State Dam Safety Engineer, was sent to Mr. Allen on August 14, 2009 noting the 2090 US Highway 70, Swannanoa, North Carolina, 28778-8211 Telephone 828-296-4500 Fax 828-299-7043 www.enr.state.nc.us One NorthCarolina An Equal Opportunity / Affirmative Action Employer A%wm//ff Notice of Deficiency Sapphire Valley Golf Course March 11, 2011 Page 2 of 2 additional information needed prior to issuance of an approval to repair. To date, there has been no response to this request for additional information. • - Water level was down approximately 5 feet due to active siphoning. These conditions appear serious and justify further engineering study to determine appropriate remedial measures. In the event of a dam failure, human life and significant property would be endangered because of the downstream location of US 64. In order to ensure the safety of this dam,, you are directed to keep the pond lowered. by siphoning and retaining the services of a registered professional engineer or an experienced engineering firm to make a study of the conditions outlined in this letter. Plans and specifications for repair based on the results of the study must be filed with the Division of Land Resources for approval pursuant to the North Carolina Administrative Code, Title 15A, Subchapter 2K - Dam Safety (15A NCAC 2K). Two copies of this study and plan shall be submitted to this office by March 14, 2011. As a dam owner, you may incur liability should your dam °have a problem or fail, if such results in loss of life or property damage downstream. It is requested that an Emergency Action Plan (EAP) be prepared for your dam. The EAP may be invaluable in guiding you through a crisis situation should you have an emergency that could affect the stability of your dam, such as heavy rain, slope failures, or other natural hazards. North Carolina has recently completed and adopted an EAP template for owners of high hazard dams. The template and associated guidance can be obtained by visiting the Dam Safety Programs website (http://dIr.enr.state.nc.us/pages/damsafetyprogram.htm1) or by calling Dam Safety Program staff at (919) 733-4574. - Please contact us at 828-296-4500 to advise us of your intended action in this matter within 30 days of receipt of this notice, or before April 14, 2011 whichever term is longer. If we do not receive notification on or before April 14, 2011, we shall present the case information for appropriate enforcement action. Enforcement action could include a civil penalty of up to $500.00 per day of violation, and/or issuance of a Dam Safety Order requiring the repair or removal of this dam, and/or injunctive relief to gain compliance. Sincerely, J net S. Boyer, PE ting Regional Engineer cc: Steve McEvoy, PE, State Dam Safety Engineer G ; QQackson',Darns'�028 'Sapphire e `alley Gall Course DarntNOD ::3_11 11.do(,'; i NCDENR North Carolina Department of Environment and Natural Resources Division of Land Resources . James D. Simons, PG, PE Director and State Geologist Land Quality Section February 8, 2011 NOTICE OF DEFICIENCY CERTIFIED MAIL-7009 1680 0000 7515 0140 RETURN RECEIPT REQUESTED Laurel Lake Association ATTN: Bill Adair 36739 State Road 52, Suite 7 Dade City, FL 33525 RE: Laurel Lake Dam, State ID No. JACKS-032 Hazard Potential: High; Jackson County Dear Mr. Adair: •jC� Beverly Eaves Perdue, WATER QUALITY SECTION _.._.,,, , r�cr�innlAl_ OFFIC The Dam Safety Law of 1967 provides for the certification and inspection of dams in the interest of public health, safety, and welfare, in order to reduce the risk of failure of dams, to prevent injuries to persons, damage to downstream property, and to ensure the maintenance of stream flows. A visual inspection of the referenced dam was Land Quality Section Asheville Regional Office were noted: conducted on January 20, 2011 by staff of the During this inspection, the following conditions There was seepage noted on the downstream slope of the dam, along the left abutment and the toe of the dam. Excessive seepage can cause failure of the dam due to internal erosion and/or embankment sliding. The seepage/wetness extends approximately the entire height of the back slope and 1/3 of the way across the dam. The source of the seepage must be determined. The siphon was in use and had drawn the water level down approximately 5 feet. 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 rthCarohna AdmallY Notice of Deficiency Laurel Lake Dam — JACKS-032 February 7, 2011 Page 2 of 2 As previously noted, the seepage conditions appear serious and justify further engineering study to determine appropriate remedial measures. A letter was sent from Mr. Brad Cole, Division of Land Resources Assistant Dam Safety Engineer, to Mr. Terry E. Allen, PE, and dated October 18, 2010. To date, there has been no response from Mr. Allen to the unresolved issues noted in the letter. In the event of a dam failure, human life and significant property would be endangered because of the downstream location of homes and Hwy 64. In order to ensure the safety of this dam, you are directed to retain the services of a registered professional engineer or an experienced engineering firm to make a study of the conditions outlined in -this letter. Plans and specifications for repair based on the results of the study must be filed with the Division of Land Resources for approval pursuant to the North Carolina Administrative Code, Title 15A, Subchapter 2K - Dam Safety (15A NCAC 2K). Two copies of this study and plan shall be submitted to this office by March 14, 2011. As a dam owner, you may incur liability should your dam have a problem or fail, if such results in loss of life or property damage downstream. It is requested that an Emergency Action Plan (EAP) be prepared for your dam. The EAP may be invaluable in guiding you through a crisis situation should you have an emergency that could affect the stability of your dam, such as heavy rain, slope failures, or other natural hazards. North Carolina has recently completed and adopted an EAP template for owners of high hazard dams. The template and associated guidance can be obtained by visiting the Dam Safety Programs website (http://dIr.enr.state.nc.us/pages/damsafetyprogram.htm1) or by calling Dam Safety Program staff at (919) 733-4574. Please contact us at 828-296-4500 to advise us of your intended action in this matter. If we do not receive notification on or before March 14, 2011, we shall present the case information for appropriate enforcement action. Enforcement action could include a civil penalty of up to $500.00 per day of violation, and/or issuance of a Dam Safety Order requiring the repair or removal of this dam, and/or injunctive relief to gain compliance. Sincerely, I � J et . Boyer, PE A6ing Regional Engineer cc: Steve McEvoy, PE, State Dam Safety Engineer 4Roge.r Edwards; Surface 1/Vater-P'rotect.on Regional Sapp-rrvr5 ry ��: _.s --3ris J32 La :rel Lake Dam iNOD 2 8 11 doc AL NC®ENR North Carolina Department of Environment and Natural Resources Division of Land Resources James D. Simons, PG, PE Director and State Geologist Land Quality Section February 8, 2011 NOTICE CERTIFIED MAIL-7009 1680 0000 7515 0157 CERTIFIED MAIL-7009 1680 0000 7515 0164 CERTIFIED MAIL-7009 1680 0000 7515 0317 RETURN RECEIPT REQUESTED Beverly Eaves.Perdue, Governor Dee Freeman, Secretary E e: FEB- 8 2011 WATF-P OUAUTY SECTION Sapphire National, LLC Peter A. Paul, Registered Agent 2220 Christy Lane P.O. Box 3049 Oldsmar, FL 34677 Cashiers, NC 28717 Peter A. Paul, Registered Agent 72 US .Hwy 64 West Cashiers, NC 28717 RE: Sapphire Valley Golf Course, State ID No. JACKS-028 Hazard Potential: High; Jackson County Dear Sir or Madam: The Dam Safety Law of 1967 provides for the certification and inspection of dams in the interest of public health, safety, and welfare, in order to reduce the risk of failure of dams, to prevent injuries to persons, damage to downstream property, and to ensure the maintenance of stream flows. A visual i-nspection of the referenced dam was conducted on January 20, 2011 by staff of the Land Quality Section Asheville Regional Office. During this inspection, the following conditions were noted: Repairs to the 10' x 16' hole that had developed on the concrete spillway were made without prior approval from the State's Dam Safety Engineer. Repair plans were requested in the Notice of Deficiency issued on October 9, 2008. Mr. Terry E. Allen, PE, prepared and submitted as -built plans for the spillway section. A letter from William H. Denton, i. , 2090 US Highway 70, Swannanoa, North Carolina, 28778-8211- Telephone 828-2964500 Fax 828-299-7043 One www.enrstate.nc.us Noe Carolina An Equal Opportunity/Affirmative Action Employer Naturally Notice of Deficiency Sapphire Valley Golf Course February 7, 2011 Page 2 of 2 Assistant State Dam Safety Engineer, was sent to Mr. Allen on August 14, 2009 noting the additional information needed prior to issuance of an approval to repair. To date, there has been no response to this request for additional information. Water level was down approximately 5 feet due to active siphoning. These conditions appear serious and justify further engineering study to determine appropriate remedial measures. In the event of a dam failure, human life and significant property would be endangered because of the downstream location of US 64. In order to ensure the safety of this dam, you are directed to retain the services of a registered professional engineer or an experienced engineering firm to make a study of the conditions outlined in this letter. Plans and specifications for repair based on the results of the study must be filed with the Division. of Land Resources for approval pursuant to the North Carolina Administrative Code, Title 15A, Subchapter 2K - Dam Safety (15A NCAC 2K). Two copies of this study and plan shall be submitted to this office by March 14, 2011. As a dam owner, you may incur liability should your dam have a problem or fail, if such results in loss of life or property damage downstream. It is requested that an Emergency Action Plan (EAP) be prepared for your dam. The EAP may be invaluable in guiding you through a crisis situation should you have an emergency that could affect the stability of your dam, such as heavy rain, slope failures, or other natural hazards. North Carolina has recently completed and adopted an EAP template for owners of high hazard dams. The template and associated guidance can be obtained by visiting the Dam Safety Programs website (http://dIr.enr.state.nc.us/pages/damsafetVprogram.htm1) or by calling Dam Safety Program staff at (919) 733-4574. Please contact us at 828-296-4500 to advise us of your intended action in this matter. If we do not receive notification on or before March 14, 2011, we shall present the case information for appropriate enforcement action. Enforcement action could include a civil penalty of up to $500.00 per day of violation, and/or issuance of a Dam Safety Order requiring the repair or removal of this dam, and/or injunctive relief to gain compliance. Sincerely, J� J net S. Boyer, PE A ting Regional Engineer M. Steve McEvoy, PE, State Dam Safety Engineer Roge`r'Edwards; 5 urfia_ce Water P-rotecti'on�,RegionahSupervs&r G \LQ\Jackson`%Dams\028 Sapphire Valley Golf Course Dam\NOD 2_8_11.doc 00 WA AW441�5 �-7A NCDENR North Carolina Department of Environment and Natural Resources Division of Land Resources' - James D. Simons, PG, PE Director and State Geologist Land Quality Section February 8, 2011 NOTICE OF DEFICIENCY CERTIFIED MAIL-7009 1'680 0000 7515 0096 CERTIFIED MAIL-7009 1680 0000 7515 0102 CERTIFIED MAIL-7009 1680 0000 7515 0119 CERTIFIED MAIL-7009 1680 0000 7515 0126 CERTIFIED MAIL-70091680 0000 7515 0133 RETURN RECEIPT REQUESTED CRT LAKE I, LLC. Mr. Ed Hernando, Registered Agent 122 Highlands Square Drive, #6 Hendersonville, NC 28792 CRT LAKE 1, LLC. Mr. Ed Hernando, Registered Agent 159 Osceola Road Hendersonville, NC 28739 North Carolina Dept. of Transportation Mr. Joel Setzer, P.E., Division Engineer Division of Highways, Division 14 253 Webster Road Sylva, North Carolina 28779 RE: Osceola Lake Dam, State ID No. HENDE-002 Hazard Potential: High; Henderson County Dear Mr. Hernando, Mr. Leoni and Mr. Setzer: Beverly Eaves Perdue, Governor Dee Freeman, Secretary rM 1.•N d : n �ut J+ � .... .z., E n� V E FEB - 8 2011 WATER QUALITY SECTION -,HFVILLE REGIONAL OFFICE CRT Lake�1;54LLC.., R..,., ..... ._..... PO Box 3540 Silver Springs, NV 89429 T & A CAROLINA CORP Mr. Todd Leoni, Registered Agent PO Box 381703 Miami, FL 33238 The Dam Safety Law of 1967 provides for the certification and inspection of dams in the interest of public health, safety, and welfare, in order to reduce the risk of failure of dams, to prevent injuries to persons, damage to downstream property, and to ensure the maintenance of stream flows. 2090 US Highway 70, Swannanca, North Carolina, 28778-82,11 Telephone 828-296-4500 Fax 828-299-7043 www.enr.state.nc.us An Equal Opportunity / Affirmative Action Employer Nne orthCarolina NaturallY Notice of Deficiency H EN D E-002 February 8, 2011 Page 2 of 2 The Dam Safety Law of 1967 provides for the certification and inspection of dams in the interest of public health, safety, and welfare, in order to reduce the risk of failure of dams, to prevent injuries to persons, damage to downstream property, and to ensure the maintenance of stream flows. A visual inspection of the referenced dam was conducted on December 2, 2010 by staff of the Land Quality Section Asheville Regional Office. The April 27, 2004, January 31, 2008, December 19, 2008, and January27, 2010 Notices of Deficiency have not been resolved, and the items identified in those letters have not been addressed. The conditions outlined in the said letters appear serious and justify further engineering study to determine appropriate remedial measures. In the event of a dam failure, human life and significant property would be endangered because of the downstream location of houses and Kanuga Road. In order to ensure the safety of this dam, you are directed to retain the services of a registered professional engineer or an experienced engineering firm to make a study of the conditions outlined in this letter. Plans and specifications for repair based on the results of the study must be filed with the Division of Land Resources for approval pursuant to the North Carolina Administrative Code, Title 15A, Subchapter 2K - Dam Safety (1 SA NCAC 2K). Two copies of this study and plan shall be submitted to this office by March 1, 2011. As a dam owner, you may incur liability should your dam have a problem or fail, if such results in loss of life or property damage downstream. It is requested that an Emergency Action Plan (EAP) be prepared for your dam. The EAP may be invaluable in guiding you through a crisis situation should you have an emergency that could affect the stability of your dam, such as heavy rain, slope failures, or other natural hazards. North Carolina has recently completed and adopted an EAP template for owners of high hazard dams. The template and associated guidance can be obtained by visiting the Dam Safety Programs website (http://dIr.enr.state.nc.us/pages/damsafetyprogram.html) or by calling Dam Safety Program staff at (919) 733-4574'. Please contact us at (828) 296-4500 to advise us of your intended action in this matter. If we do not receive notification on or before March 1, 2011, we shall present the case information for appropriate enforcement action. Enforcement action could include a civil penalty of up to $500.00 per day of violation, and/or issuance of a Dam Safety Order requiring the repair or removal of this dam, and/or injunctive relief to gain compliance. Sincerely, WV � J net Boyer, P cting Regional Engineer CC" Ro.g.er Edwards; Surfa e Water `f'roteefion RegionahS_uper_viser David Henderson, PE, NCDOT State Hydraulics Engineer, 1590 Mail Service Center, Raleigh, NC 27699 G:\LQ\Henderson\Dams\002 Osceola Lake Dam\2011 NOD.doc \III 0 �Ec �Ij NCDENR SEP - 9 2010 North Carolina Denartment'of Environment and Natural i e , urc S Division of Land Resources CTIO EGIONAL OFFICE Land Quality Section James D. Simons, PG, PE Director and State Geologist September 3, 2010 Lake Association, Inc. c/o Ms. Roseanne Giordani P.O. Box 300849 Austin, Texas 78703 Beverly Ealki. Perdtl'e; Governor Dee Freeman, -Secretary RE: Cashiers Lake Dam Jackson County JACKS-001 Dear Ms. Giordani: This is to acknowledge receipt of your preliminary report dated August 24, 2010 for the repair of the subject dam. The application was received in -our office on August 26, 2010 and September 2, 2010. Applications requiring an approval to repair a dam will be reviewed by this office in the order they are received, except that existing high. hazard potential dams with known safety problems will be given priority. We endeavor to respond to applications within 60 days of receipt of the application. Please contact Ms. Janet Boyer, PE, Regional Engineer, Land Quality Section, 2090 U.S. Highway 70, Swannanoa, North Carolina 28778, telephone number (828) 296-4500, or me at telephone number (919) 733-4574 should you have any questions concerning this matter. Sincerely, (�Y ! "` Steven M. McEvoy, PE State Dam Safety En ee Land Quality Section SMM/rdk cc: Mr. Chris Capellini, PE, Design Engineer Ms. Janet Boyer,. PE, Land Quality Regional Engineer" �.>"SurfaceWater_Protection:"Supervisor� . •y Filename: JACKS-001 20100903 RECT Cashiers Lake Dam 1612 Mail Service Center, Raleigh, North Carolina 27699-1612 • Telephone 919-733-4574 / FAX: 919-733-2876 512 North Salisbury Street, Raleigh, North Carolina, 27604 Internet:http://www.dlr.enr.state,nc.us/pages/landqualitysection: tml NCDENR North Carolina Department of Environment and Natural Resources Division of Land Resources James D. Simons, P.G., P.E. Director and State Geologist Mr. Louis Kipp PO Box 296 Glenville, 'NC 28736 RE: Louis Kipp Dam Jackson County Dear Mr. Kipp: Land Quality Section Beverly Eaves Perdue, Govemor Dee Freeman., Secretary October 19, 2009e�"'.` 'l.° OCT 2 0 2000' t'J.,T�F v;LITY SECTION The information received in our office on October 7, 2009 under transmittal letter dated September 29, 2009 regarding the existing dam and drained pond has been reviewed. Land Quality Section personnel has determined that the dam is approximately fifteen feet in height from the lowest downstream toe to the crest of the dam and is capable of impounding less than ten acre-feet of water to the crest of the dam. Land Quality Section personnel also conducted an inspection of the dam site and downstream areas to confirm the proposed low hazard classification on October 13, 2009. This office concurs that a low hazard classification is presently warranted based on the current development downstream from the proposed dam, and thus, an exemption can be granted. However, the following comments are offered: Our office encourages the owner of any proposed dam to construct the dam to the same standards as if it were under the jurisdiction of the Dam Safety Law of 1967. 2. If the dam is constructed such that it is 15 feet in height or greater as measured from the highest point on the crest of the dam to the lowest point on the downstream toe and will impound 10 acre-feet or more at the highest point on the crest of the dam, this dam will not be exempt, and engineering certification, and record drawings and specifications will be required along with application processing fees. 3. If future downstream development occurs which would be impacted by a failure of the dam, then the hazard potential classification would need to be reassessed and could possibly change from low to either intermediate or high hazard. It should be noted that 2090 US Highway 70, Swannanoa, North Carolina, 28778-8211 Telephone 828-296-4500 Fax 828-299-7043 Onc www.enr.state.nc.us N'JofthCarolina An Equal Opportunity/Affirmative Action Employer ,/ atitra`lff Mr. Kipp October 19, 2009 Page 2 of 2 General Statute 143-215.25A (a) (6) allows a dam to be regulated regardless of height or impoundment capacity if the Department determines that failure of the dam could result in loss of life or significant property damage. 4. 'During the inspection on October 13, 2009 several potential deficiencies were noted that would need to be addressed prior to the dam impounding water. Potential deficiencies and maintenance items include; a. Trees and bushes are growing on the dam. This type of growth can cause problems and even failure of the dam by creating holes when trees are uprooted due to wind or ice; by leaving possible seepage holes when trees die and their roots decay; and by causing erosion of the dam around this growth if the dam should overtop. Therefore, we recommend that this type of growth be removed and a good stand of grass cover be established on the dam. Any growth less than six inches in diameter should be cut and removed. Any growth over six inches in diameter should also have the root system excavated and the excavated area be refilled and compacted with a suitable soil material under the supervision of an engineer. b. The primary and emergency spillways consist of corrugated metal pipes that appear to be compromised due to corrosion and clogging. These pipes should be evaluated by an engineer and replaced under the supervision of an engineer. Corrugated metal pipes are not recommended for use in dams. Please note that in accordance with General Statute 143-215.25A(a)(6), dams that are determined to be high hazard potential are subject to the provisions of the Dam Safety Law of 1967 regardless of height or impoundment capacity. The Army Corps of Engineers and the Water Quality Section of this Department should be contacted to determine if additional permits are required. Also, the erosion and sediment control program having jurisdiction should be contacted to determine permit requirements. In any case, sediment must be prevented from entering the waters of the state or flowing onto neighboring property. Please contact this office at telephone number (828) 296-4500 should you have any questions or if we may be of further assistance in this matter. Sincerely, - 44 Ja et Boyer, Regional Engineer enclosures cc: Mr. Steve McEvoy, Dam S 11ALIARD CLASSIFICATION DATA FORM FOR DAMS DAM NAP31i1i r d 3 couNtY U �iI}JtBER �iJ •' I RIVER/STREAKI ) },� . u uG�...� (✓ h QUADRANGLE---- —— — DAM HEIGHT SURFACE AREA ACRES c �1 t? STORAGE CAPACITY(ACRE FT.) PRTkWY DOWSTREAM LAND USE.: WOODLANDAGRICULTURAL RESIDENTIAL INDUSTRIAL/C0;4•iLLRCTIL. DOWNSTREAM IMPROVEdffiATS: DWELLINGS BUILDINGS ROADS UTILITIES D%RTSTREAM MPROVEMENT DATA::, TYPE DISTANCE FLCODPLAM CHANNEL ELEVATION ABOVE BREACH WAVE CULVERT/BRIDGE TRAFFIC SIGHT IMPROVROiT DOWNSTREAM WIDTH ... SLOPE FLOODPLAIN ELEVATION DIMENSIONS COUNT DISTANCE 37 DESCRIBE POTENTIAL FOR LOSS OF LIFE AND' STRUCTURAL OR ENVIRONMENTAL DAMAGE TO EXISTING OR POTENTIAL FUTURE DOWNSTREAM IMPROVEMEnNTS: I / �—__S Y�.�. a-�� t'.l,<z+Leci iJ2-C-- RECOMMENDED }iAZARD CLASSIFICATION: LOW . INTERMEDIATE HIGH BY t >� cn C' L �/ l) TITLE L . DATE CONCURRED BY TITLE. DATE I WX E COUNTY td0. 2MSPECTED BY DATE HER WD-DRESS MOW TARE 0 AM, UMmMaTh MAM TYPE INSPECTION ®fir SITE CONDITIONS vot [3 M Famup q By D &mmmm E3 Other MaZARD DESCRIP�TIOW NAZAR LASS 13 kaffaftto (s) (A) REMARKS to, et ACTION &Mnl RECOMMENDATIONS 0 hupedon by DSE 0 Impaction lattar 0 ow adely order maintanarm Nwancy mw Enforom Wt -(j, 13 momD" DICE notice poriodc reinspection Cl mkw rappy Q EnqlnWhg Wdel c)dw rGinapac0on G Engineering [I Impectlon by RE 0 1-m- rjIlDisplaosdrip rap COVER: Vveotelion [3RlpM) []Con=te 2-TroGs []12.Ciach9 �5 5 EV3.1-11gh bLWm C313.Undermidng 4.BUIM, [114MD103 0 S.Wave GroaiD n [315.Spalllng 6.Livestock danop 016.Disdace1 joints 0 7.Silden 017.13etarlaratod J01M O.Peproulons j316.E**mW ralnibmennnt 9.6ulass Elio -Spam tip rap [3 1.mona 1 l.Crocko COVER: ®Concrete [3 AWWt E3 fter -I J CN6 laly 2.Traes 012.Splilng [3 3.1-11gh bualias [113.Detefiorated joints [I 4.BurTUM E114.Displaml joints S.Ruta EJ15.Exposed reinforcarrmt 6.1-lvosto& danl&90 018.0ftr E3 7.Depmssions ..... 8.unlevel ..... O.MisalIgnment 1310MAs ov"mod ............. J.wre I.Seepage COVER: VepWw PJP rsP 13concrate (3 obw p 2-Trees D 12.Bolis F13.1-ligh bwhas 13.Cmdw 4.BurrW8 [314.Holes C', [3 5.Erosion [115.Spoiling .......... 6.LJvostock damep [I I 6.Diqftced joints 7.S416m 17.Detsiforated jointi 8DWe"tons []IS.Exposod reinforcmrant 0 D.Bulow 010.Wetnew ........... A l.Nona 0 1 I.SoDpage ODVEFt Von0 rvp rep Concrete 00-ru. 12-8oft 3.1-§gh budws 13.Cmcka C. yy\ [3 4.Ekealm 14.1-10183 .... rjlr-spwllno 6.UvvMd(dwmG0 0 16.Djsp� jotnta X. 7.SJkfta rj97.osmforatqd)olnta &Depv-b- 016.Expoaud reinbroarmt g.mageo 1319-ur4armining [32o.mw . .:; .:.....:. . . . .... .... ........... :. ®1.P ° t:o 11. COVE@i: b� ® m) op® cw=to ®fi r `. p` 2.Troea ®12.Bolis >'s:: ®5 Erosion ®15.S�ireg to: ® ZgBdsa 117.DaterWeled I&MM 08. ns ®18.Expo*d Wnf oroet wnt 0 9.Bu4s 1319.1.1ndatrnlydng z# ®10.wetneas 02o.Othar I.bdona O 11^:ofnt dispiacment TYPE/St�iE: ^ r C.�7 >; ;>:: 13210 tmshguard ®12.19ndem-dned �<; ®3.Obstructed ®13.yolds :>�::...... ®4.Plugged ®14.Erosion `>�� e �rt'�t��. T � oZ^.} 06.Darnagad ®16.Condult wllasped ` ® 7.Galw Wdng ®17.SpWiing :: M::_.. ng ing [3 18.Outlet undercutting ® Waiti r: 9.Crsdct ®19.MlWgnrt M ®10.doint deterioration ®2o.Otr i ( flit >' t.tone 011.lolnt dlapla omen TYPE/SIZE: ®2.No ES 1312.11ndermirting .::1 ... ®3.Samo as P ®13.Yolds :_a::::; . ®4.Obstructed ®14.Moles 135.Eroslon ®15.Expoced rehforoer at ty::::;_ ®B.Displaosd rip rap ®16.Sp�lling ®7.Spam r1j) rap ®17.Outlet eroaion ❑eJoints leaking 1318.Mlsdlgnmont 09.Cnua'ts ®99.trodequate CEP¢rtdty ®10 Joint detorforatlon ® 20.Other TYPE: t>% ®2Ro bottom drain ® 3.Bottom drain Impemble ® 4.Subsurface drain dry ®S.Subsurface drain muddy flow ®6.Subsurface drain obstructed ®7.No animal guard 8.Other ............ SKETCHES/COMMENTS SKETCHES AND MEASUREMOUS F1Ei�r3 C®tDN6V Sao. 61ispucTF -p ® T5 -- -- - -- - --- --- - -- - -- - -- - - - - - - I : Y I �. -c'�• O �' �� �'n•._, V Vfy�— r, - �-r^^`2---�__ -__i- ____.i_ ___ _____ _ ______ •ill_._ _ __ _.7_+__�'"l`_';' - _=)S __- .il- .'l1 -',_'_ _ __'_ _;___--_ - '� ;" Irll : --- - -- - -----..............1 „ I : • : -------------- - -- - - -- - -- - �t. i - - - - - -- -- - -- -- -- --1 - - -- - - - -- - --1- 1 I : : : --'•-•`------`..... .-'---`•-'--- - - - -- - - - --- -- -- -- - -- - - --- - - - - - - -............. - - -- - ' -- - : • I r I ------------------- r : : : F i : : r --------------- �_ _ -------------- .. : ..III...• -----... .......... fy t----------- . . . . . . . . . . . . - : i t ` _ _ ___ ____ __ ___ : __ _ _------------- _ • f : ___ __ __ __ __ _ __ _ __ _ _f_ _ __ __ ___............. __ ___ __ __ __ ___ _ __ ___ _ _ _ _ _ _ _ ____ _ ___ ____ ______ _ _ _ __ __ ___ _ _ _ ......... I ....................... r : I • I I - i r • : : r I I [ _ _ __ ______ I • I : EMBANKMENT DAN SKETCHE .AND MEASUREMENTS !PLAN VIEW OF DAN AND SPILLWAYS j-•------,--- - - - -- - i - . r r . . r , r r r :r.rrrr r , -------------- - - ___ __ _ _ -__ _-- �.-.a__-________ _ __ ______ _ _ _ _ — _ , yr v r r _. _ __ ____ ___ _ _ __ _ _ _____ _ _ ___ _ _ Ir __ _ - __ __ •l_ T_ -i• _f_• 1_ -f- r r r , r r _ r r r ------------ r - r - - - ---- . r _ _ _ __ _ __ _ _ --- __ _._.._ _.__._ _ __ _ _ _ _ ---___ ___ _ _ _- ___ ___ __ _ _ __ __ .._-_ __ _._ _ _ ___ __ _ _ __ ___ __�__ __ - -- _-1---'- - - -'- -- - - - - - - - - , _ ____ - �. -. _ __ __ _-.._ _ .__. ___.__ .._ __. -- _ _ ___ _ NCDENR North Carolina Department of Environment and Natura Division of Land Resources James D. Simons, PG, PE Director and State Geologist October 2, 2009 Mr. and Mrs. Lloyd Conant 1930 W. Ridgewood Lane Glenview, Illinois 60025 RE: Trout Lake Dam Jackson County State Dam ID: JACKS-007 Dear Mr. and Mrs. Conant: Land Quality Section F D OCT - 7 2009 Res u rces WATER QUALITY SECTION ASHEVILLE REGIONAL OFFICE Beverly Eaves Perdue, Governor Dee Freeman, Secretary This is to acknowledge receipt of your Emergency Action Plan (EAP) dated July 1, 2009 for the subject dam. The EAP was received in our office on September 28, 2009. Emergency Action Plans Applications will be reviewed by this office in the order they are received, except that existing high hazard potential dams with known safety problems will be prioritized. We endeavor .to respond to applications within 60 days of receipt of the application. Please contact Ms. Janet Boyer, Regional Engineer, Land Quality Section, 2090 U.S. Highway 70, Swannanoa, North Carolina 28778, telephone number (828) 296-4500, or me at telephone number (919) 733-4574 should you have any questions concerning this matter. Sincerely, (> 1'1� . - - Steven M. McEvoy, P State Dam Safety Engineer Land Quality Section SMM/JCR cc: Mr. Travis Maxwell, PE, Design Engineer — Brooks Engineering Associates, PA Ms. Janet Boyer, PE, Land Quality Regional Engineer Surface,, W`a: c P°ro'tect�o�� S na��sor File Name: JACKS-007 20091002 RECT EAP-Trout Lake Dam 1612 Mail Service Center, Raleigh, North Carolina 27699-1612 • Telephone 919-733-4574 / FAX: 919-733-2876 512 North Salisbury Street, Raleigh, North Carolina, 27604 • Internet:http://www.dlr.enr.state.nc.us/pages/landqualitysection.html NCDENR North Carolina Department of Environment and Natural Resources Division of Land Resources James D. Simons, PG, PE Director and State Geologist Beverly Eaves Perdue, Governor Dee Freeman, Secretary Certificate of Approval August 14, 2009 FAn CERTIFIED MAIL RETURN RECEIPT Mr. Nat Turner Holly Berry Mountain Estates, Inc. Post Office Box 7446 The Woodlands, Texas 77387-7446 RE: Approval to Repair Lake Emerald Dam Jackson County JACKS-018 I Dear Mr. Turner: NO Lin t , AUG 2 6 2009 WATER QUALITY SECTION '• ASH€VILLE REGIONAL OFFIC' This is in response to your submission of plans dated April 7, 2009 (Received April 13, 2009), specifications dated May 15, 2008 (Received June 9, 2008), design data dated January 16, 2009 (Received January 23, 2009) and engineers response letter dated and received August 10, 2009 for repair of the subject dam in compliance with the Dam Safety Law of 1967. This dam is of intermediate hazard classification. The plans, specifications and design data submitted were prepared under the supervision of Mr. Terry E. Allen, PE of T.E. Allen Engineering, PC., This letter constitutes approval of the proposal to repair the subject dam according to the plans and specifications, as listed above, with the following stipulations: 1. Project construction shall be supervised by Mr. Terry E. Allen, PE. Mr. Allen shall be responsible for field observation of construction as necessary to ensure compliance with approved plans. 2. During construction, the Division of Land Resources may require such progress reports as are deemed necessary. Geological Survey • Land Quality • Geodetic Survey Division of Land Resources • 1612 Mail Service Center, Raleigh, North Carolina 27699-1612 512 North Salisbury Street, Raleigh, North Carolina 27604 Telephone 919-733-3833 / FAX: 919-715-8801 9 Internet: http://www:dlr.enr.state.nc.us/index.htmi Mr. Turner August 14, 2009 Page 2 of 2 Items addressed in the response letter dated August 10, 2009 shall be added to the applicable document and submitted as such with the record drawings. 4. In accordance with GS 143-215.29 and NCAC 15A-2K .0203, .0215, and .0212, within 30 days of completion of the project, Mr. Terry E. Allen, PE shall inspect the completed work and upon finding that the work has been done as specified and the dam is safe, shall file with the Division of Land Resources two sets of record drawings and a certificate stating that the work has been completed in accordance with approved plans, specifications and other requirements. 5_. No water shall be impounded behind the dam until final approval is issued by the Division of Land Resources for operation of this dam. Also, draining of the lake shall be performed in such a manner as to preclude off -site sedimentation. 6. You must notify Ms. Janet Boyer, PE, Regional Engineer, Land Quality Section,,2090 US Highway 70, Swannanoa, North Carolina 28778, (828) 296-4500 ten days before the . start of construction. The Army Corps of Engineers and the Water Quality Section of this Department should be contacted to determine if additional permits are required. Also, the erosion and sediment control program having jurisdiction should be contacted to determine permit requirements. In any case, sediment must be prevented from entering the waters of the state or flowing onto neighboring property. Construction of the repairs must begin within one year of the date of this letter or this approval is void. For assistance you may contact the Asheville Regional Office at (828) 296-4500 or a staff member of the Dam Safety Program in the Raleigh Central Office at telephone number (919) 733-4574. James D. Simons, PG; PE Director and State Geologist JDS/SMM/TVI cc: Mr. Terry E. Allen, PE — T.E. Allen Engineering, PC Ms. Janet Boyer, PE — Land Quality Regional Engineer lS.urface WaterYP.rotecf egionalpervs File Name: JACKS-0 1 820090814COAR North . NCDENR Carolina Department of Environment and Natural Resources Division of Land Resources Land Quality Section James D. Simons, PG, PE Director and State Geologist August 14, 2009 Mr. Terry E. Allen, PE T.E. Allen Engineering, PC Post Office Box 103 Rosman, North Carolina 28772 RE: Sapphire Valley Golf Course Dam 50 Jackson County State Dam ID: JACKS-028 Dear Mr. Allen: Beverly Eaves Perdue, Governor Dee Freeman, Secretary AUG 2 6 2009 `t. WATER QUALITY SECTION a ;'^L ASHEVILLE REGIONAL OFFICE A review has been made of the plans, specifications and design data.submitted under cover,letter dated June 18, 2009 and received in this office on June 24, 2009 for the repair of the referenced dam. Prior to issuance of an approval to repair, additional information or revision is requested for the following items: 1. Title 15A Subchapter 2K Section .0206 of the North Carolina Administrative Code requires that a conduit be provided to drain the reservoir impounded by the subject dam. Please include design drawings, calculations and specifications for such a conduit in future application submittals. 2. Based on the information provided, it is unclear if the previously abandoned 4-inch drain pipes are solid -walled or perforated/slotted. If perforated/slotted, soil material may still infiltrate the drain system and be transported from beneath the concrete slab if the proposed design was implemented. If the abandoned pipes are solid -walled, what was their intended purpose? Will that purpose continue to be served with the proposed design? Please clarify the type of pipe and modify the design as needed so that transport of soil material will be prevented. Assuming adequate system capacity, one possible approach may be to terminate the existing pipes in an area of filter medium (such as the proposed-- ASTM C-33 fine aggregate) and discharge flow from them to that filter medium. It may then be collected by the new drainage system and safely discharged.. If previously abandoned pipe are perforated/slotted, will replacement with solid -walled . pipe reduce their capacity to function as collection pipes? 3. If junction boxes are to be used, please provide additional details, notes and specifications. describing how the penetrations through the junction box walls will be made watertight. 4. Please provide additional details, notes, and specifications describing how the sub -drain pipes will transition from slotted to solid -walled pipe, progress through (or under) the 1612 MailServiceCenter, Raleigh, North Carolina 27699-1612 • Telephone 919-733-4574 / FAX: 919-733-2876 512 North Salisbury Street, Raleigh, North Carolina, 27604 - Internet:http://www.dlr.enr.state.nc.us/pages/landqualitysection.html Mr. Terry Allen, PE January 12, 2009 Page 2 of 2 concrete apron side walls to their discharge point. Include specifications for pipe joints, connectors, and any other fittings to be used as well as any penetrations of the concrete side walls. A properly designed filter drain and collection system should require no fabric wrapping of pipe or filter medium. When geotextiles are used in the manner proposed, they are prone to clogging over time, which reduces or eliminates drainage capacity. Please provide design consistent with the guidelines provided in the NRCS Part 633 National Engineering Handbook Chapter 26 "Gradation Design of Sand and Gravel Filters". Per that guidance, the slot width specified is too large for use with ASTM C-33 fine aggregate. The design slot width should be less than the dS5 of the chosen filter medium. 6. Sheet C-1, Narrative — Section 2.1 should read "annular" space not "annual"; Section 2.2 should read "presence" of the engineer not "presents". 7. Sheet C-2, Notes & Specifications Section 11.0 — It is unclear whether the proposed grout mixture will produce a nonshrink grout per the test methods described in ASTM C827 and C1090. To eliminate the potential for grout shrinkage, it is recommended that a pre- packaged nonshrink grout mix be used that meets the performance requirements outlined in ASTM C1107. 8. Please provide estimated grout quantities so that a comparison can be made with actual grout take during repair activities. 9. Sheet C-2, Notes & Specifications Section 12.1 — Please provide details and specifications for the spacers/skids to be used to keep the slipline pipe centered in the host pipe. 10. Please provide construction details and specifications for the grouting operations to include bulkhead construction and attachement, grouting ports, air vents, and other needed components. 11. Sheet C-2, Notes & Specifications Section 12.6 — Please describe how the grout pressure will be measured, monitored, and recorded during grouting operations. It would greatly aid further application review if a response to each of the above comments were made in a cover letter submitted with two sets of the revised plans, specifications and design data. Please contact this office should you have questions concerning the above items. Sincerely, t William H. Denton, N, EIT Assistant State Dam Safety Engineer Land Quality Section cc: Ms. Tracy Mathis, Sapphire National, LLC Ms. Janet Boyer, PE �Surface�_ "_aW ter�'xo:fection�..Regional-SuperV"isor Filename: JACKS-028 20090814_revreq_Sapphire Valley A 7 Dx 4 r `s North Carolina Department of Environmentand Natu Division of d Resources James D. Simons, PG, PE Director and State Geologist Land Quality Section July 31, 2009 NOTICE OF DEFICIENCY CERTIFIED MAIL-7008 0150 0000 7473 0648 RETURN RECEIPT REQUESTED Lake Association, Inc. c/o Roseanne Giordani Post Office Box 300849 Austin, Texas 78703 RE: Cashiers Lake Dam, State ID No. JACKS-001 Hazard Potential: High; Jackson County Dear Ms. Giordani: i I AUG - 3 2009 1 0 WATER QUALITY SECTION __ ASHEVILLE REGIONAL OFFICE � Beverly Eaves Perdue, Governor' Dee Freeman, Secretary The Dam Safety Law of 1967 provides for the certification and inspection of dams in the interest of public health, safety, and welfare, in order to reduce the risk of failure of dams, to prevent injuries to persons, damage to downstream property, and to ensure the maintenance of stream flows. A visual inspection of the referenced dam was conducted on June 2, 2009 by staff of the Land Quality Section Asheville Regional Office. During this inspection, the following conditions, as were noted in previous inspections, have not been addressed: Trees and bushes are growing on the dam. This type of growth can cause problems and even failure of the dam by creating holes when trees are uprooted due to wind or ice; by leaving possible seepage holes when trees die and their roots decay; and by causing erosion of the dam around this growth if the dam should overtop. Therefore, we recommend that this type of growth be removed and a good stand of grass cover be established on the dam. Any growth less than six inches in diameter must be cut and removed. Any growth over six inches in diameter must also have the root system excavated and the excavated area be refilled and compacted with a suitable soil material under the supervision of an engineer. This has been noted in previous inspections and inspection letters to the owner. ® There was leakage noted from the box culvert and what appears to be an old bottom drain located at the downstream toe of the dam. Excessive seepage can cause failure of the dam due to internal erosion and/or embankment sliding. You should inspect this leakage periodically and notify this office if it increases. ® There is no evidence of a working bottom drain. Without a working bottom drain, the lake cannot be 2090 US Highway 70, Swannanoa, North Carolina, 28778,8211 Telephone 828-296-4500 Fax 828-299-7043 www.enr.state.nc.us One NorthCarolina An Equal Opportunity / Affirmative Action Employer Vatu yrall'# Notice of Deficiency Cashiers Lake Dam July 31, 2009 Page 2 of 2 drained in the event of an emergency. The inability to drain the lake in the event of dam structural problems or flooding is a dangerous situation that could result in serious property damage and possible loss of life. ® The dam appears to have only one spillway acting as both the principle and emergency spillway. Because this is a high. hazard dam, it is imperative that this spillway be adequately sized to handle a flood event.. An inadequately sized spillway could result in overtopping and eventual failure of the dam during a flood event. • The upstream face of this dam appears to be steeper than that recommended for dam design. Slope instability could lead to dam failure. These conditions appear serious and justify further engineering study to determine appropriate remedial measures. In the event of a dam failure, human life and significant property would be endangered because of the downstream location of SR1113. In order to ensure the safety of this dam, you are directed to retain the services of a registered professional engineer or an experienced engineering firm to make a study of the conditions outlined in this letter. Plans and specifications for repair based on the results of the study must be filed with the Division of Land Resources for approval pursuant to the North Carolina Administrative Code, Title 15A, Subchapter 2K - Dam Safety (15A NCAC 2K). Two copies of this study and plan shall be submitted to the Division of Land Resources, 1612 Mail Service Center, Raleigh, NC 27699-1612, Attn: Mr. Steve McEvoy, PE, State Dam Safety Engineer. Our files show that a plan was submitted in May 2008, but there has been no response to our letter to Mr. David Lee of Harris Development Group, LLC on May 22, 2008, detailing items that needed to be addressed before a detailed review of the plans could be completed. An Emergency Action Plan (EAP) is needed for this dam. The EAP must include all downstream hazards and all local emergency contact information. An EAP shell document can be reviewed at our website at http://www.dlr.enr.state.nc.us/pages/damsafetyprogram.html. Two copies of the EAP shall be submitted to the Division of Land Resources, 1612 Mail Service Center, Raleigh; NC 27699-1612, Attn, Mr. Steve McEvoy, PE, State Dam Safety Engineer, and a copy shall be provided to the local emergency management office. Please contact us at 828-296-4500 to advise us of your intended action in this matter. If we do not receive notification on or before August 31, 2009, we shall present the case information for appropriate enforcement action. Enforcement action could include a civil penalty of up to $500.00 per day of violation, and/or issuance of a Dam Safety -Order requiring the repair or removal of this dam, and/or injunctive relief to gain compliance. Sincerely, Y. Boyer, PEl Engineer cc: GALQ\JacksonlDams\001 Cashiers Lake Dam\NOD 7 31 09.doc NCDENR . North Carolina Department of Environment and fiat Division of Land Resources` James D. Simons, P.G., P.E. Director and State Geologist August 17, 2006 CERTIFIED MAIL RETURN RECEIPT Mr. Nat Turner Holly Berry Mountain Estates Post Office Box 7446 The Woodlands, Texas 77387 RE: Approval to Repair Holly Berry Mountain Dam Jackson County JACKS-019 I Dear Mr. Turner: TA`i t 'CI IALITY SECTION HEVILLE REGIONAL OFFICE William G. Ross Jr., Secretary This is in response to your submissions dated March 15, 2006 and July 19, 2006 and received on March 27, 2006 and July 24, 2006 of plans, specifications and design data for the repair of the subject dam in compliance with the Dam Safety Law of 1967. These plans, specifications and design data were prepared under the supervision of Mr. Terry E. Allen, PE of T.E. Allen Engineering, PC. This letter constitutes approval of the proposal to repair the subject dam according to the plans and specifications received by this.Division on July 24, 2006 with the following stipulations: 1. Mr. Terry E. Allen, PE shall provide engineering supervision. 2. During construction, the Division of Land Resources may.. require such progress reports . as are deemed necessary. 3. A valve appropriate for use with a twelve inch PVC pipe shall be installed on the downstream end of the siphon pipe to enable easy priming of the siphon in the event that the water level needs to be lowered. Appropriate revisions to the Operation & Maintenance Plan (O&M) and the Emergency Action Plan (EAP) shall be made and resubmitted with the record drawings before an approval to impound can be issued. The valve shall be -included on the record drawings as it was installed. Geological Survey • Land Quality - Geodetic Survey Division of Land Resources • 1612 Mail Service Center, Raleigh, North Carolina 27699-1612 512 North Salisbury Street, Raleigh, North Carolina 27604 919-733-38331 FAX: 919-715-8801 1 Internet: www.dlr.enr. state.nc.usldlr.htm An Equal Opportunity 1 Affirmative Action Employer — 50% Recycled 110% Post Consumer Paper Mr. Turner. ' August 17, 2006 Page 2,of.2 w J 4. Upon completion. of the project, Mr. Terry E. Allen, PE shall inspect the completed work and upon finding that the work has been done as specified and the dam is safe, shall file with the Division of Land Resources two sets of record drawings and a certificate stating that the work has been completed in accordance with approved plans, specifications and other requirements. 5. No water shall be impounded behind the dam until final approval is issued by the Division of Land Resources for operation of this dam. Also, draining of the lake shall be performed in such a manner as to preclude off -site sedimentation. 6. You must notify Ms. Janet Boyer, Regional Engineer, Land Quality Section, 2090 US Highway 70, Swannanoa, North Carolina 28778, (828) 296-4500 ten days before the start of construction. The Army Corps of Engineers and the Water Quality Section of this Department should be contacted to determine if additional permits are required. Also, the erosion and sediment control program having jurisdiction should be contacted to determine permit requirements. In any case, sediment must be prevented from entering the waters of the state or flowing onto neighboring property. Construction of the repairs must begin within one year of the date of this document or this approval is void. For assistance you may contact the Asheville Regional Office at (828) 296- 4500 or a staff member of the Dam Safety Program in the Raleigh Central Office at telephone number (919) 733-4574. Sincerely, i James D. Simons, PG, PE Director and State Geologist cc: Mr. Terry E. Allen, PE Ms. Janet Boyer, PE, Land Quality Regional Engineer g r -, Wards Sut aceterrotection^Regional Super�sor NCDENR North Carolina Department of Environment and Natural. - Division of Land Resources Land Quality Section James D. Simons, P.G., P.E. :..Michael R •Easley; Governor. _ Director and State Geologist William G. Ross Jr., Secretary August 1, 2006 Dr. Rick A. Henderson 4484 Pine Creek Road Cullowhee, North Carolina 28723 RE: Proposed Dam Jackson County Dear Dr. Henderson: AUG - 9 2006 I �% 'SOU WISIS R QUALITY SECTION ASHEVILLE REGIONAL OFFICE The information received in our office on June 2, 2006 regarding the proposed dam on a tributary to Gem Creek in Jackson County has been reviewed. Land Quality Section personnel from the Asheville Regional Office conducted an inspection of the dam site and downstream areas. Based on the above -referenced information and site inspection, our office has determined that a high hazard potential classification is warranted due to Cullowhee. Morintain Road being located inin.edr'ately downstream. This being the case, the dam must be regulated by the Dam Safety Program under the Dam Safety Law of 1967 and the NC Adnun istrative Code 15A-2K. You may wish to consider an alternate location for the dam that would not a f feet a road, dwelling or major utility and re -subunit a data form. If a dam is constructed at the proposed location, prior to beginning construction on the proposed dam, plans and specifications, along with the data and calculations necessary to develop them must be prepared by a North Carolina registered engineer and submitted to this office for review and approval. Enclosed is a list of items that n7ust be included in the plans and specifications. An initial application fee of $200.00 nnust be included with the plans and specifications. Enclosed is an explanation of how the final processing fee will be calculated. On issuance of approval, construction may begin under the supervision of an engineer. The Army Corps of Engineers and the Water Quality Section of this Department should be contacted to determine if additional permits are required. Also, the erosion and sediment control program having jurisdiction should be contacted to deternnine permit requirements. In any case, sediment must be prevented from entering the waters of the state or flowing onto neighboring property. You may contact Ms. Janet Boyer, PE, Regional Engineer, at telephone number- (828) 296-4500 or me at telephone number (919) 733-4574 should you have any questions or if we may be of further assistance in this platter. Sincerely, Maxwell R. Fowler, PE i j AUG 082006 State Dam Safety Engineer cc: Ms. Janet Boyer, PE, Regional Engineer Roger Edward,_Surface Water Protection Regional Supervisor 1612 Mail Service Center, Raleigh, North Carolina 27699-1612 •919-733-4574 / FAX: 919-733-2876 512 North Salisbury Street, Raleigh, North Carolina, 27604 An Equal Opportunity 1 Afrmative Action Employer — 50% Recycled 110% Post Consumer Paper NCDENR North Carolina Department of Environment and Natural Resources Division of Land Resources Land Quality Section James D. Simons, P.G., P.E. Michael F. Easley, Governor Director and State Geologist William G. Ross Jr., Secretary Certificate of Approval f August 2, 2006 Mr. Thomas Bates Lonesome Valley Development PO Box 3269 Cashiers, North Carolina 28717 RE: Approval to Impound Neely (Hinkle) Lake Dam State I.D. JACKS-045-L Dear Mr. Bates: This concerns the subject dam recently repaired pursuant to issuance of an Approval to Repair on January 5, 2006 as required by the Dam Safety Law of 1967. As -built drawings and the engineer's certification were received on July 10, 2006. Land Quality Section staff of the AShevilte Regional Office made an inspection of this dam and found it to be in general conformance with the approved plans and specifications, and you may impound water. The Land Quality Section staff will make periodic inspections of this dam to assure that the dam is being maintained in good operating condition. These inspections, however, will be relatively infrequent. It is advised that you closely inspect and monitor your dam, and that you notify your engineer and the Division of Land Resources if you see or suspect problems. Sincerely, Maxwell R. Fowler, PE State Dam Safety Engineer cc: Mr. William A. Matthews, PE �r!`. l�.og r�Ed�uards�Su�Fac�.-titer 1�rotEct-ron�Regioial Super-uis'or Ms. Janet Boyer, PE, Land Quality Regional Engineer 1612 Mail Service Center, Raleigh, North Carolina 27699-1612 •919-733-4574 / FAX: 919-733-2876 512 North Salisbury Street, Raleigh, North Carolina, 27604 An Equal Opportunity l Affirmative Action Employer - 50% Recycled 110% Post Consumer Paper WA NCDENR North Carolina Department of Environment and Natural Resources Division of•Land Resources Land Quality Section Michael F. Easley, Governor William G. Ross, Jr., Secretary James D. Simons, PG, PE Janet S. Boyer, PE, Regional Engineer November 3, 2006 NOTICE OF DEFICIENCY CERTIFIED MAIL-7002 0460 0001 9899 2649 RETURN RECEIPT REQUESTED „ Moody Bridge Partners, LLC 6151 Powers Ferry Road, Suite 520 Atlanta,, Georgia 30339 NOV - 6 2006. WATER QUALITY SECTION ,SHEVII_LE REGIONAL OFFICE . RE: Moody Bridge Partners Dam — Jackson-061; Jackson County, North Carolina The North Carolina Dam Safety Law of 1967 provides for the certification and inspection of dams in the interest of public health, safety, and welfare, in order to reduce the risk of failure of such dams; to prevent injuries to persons, damage to property, and to'ensure the maintenance of stream flows. A visual inspection of the�referenced dam was conducted on October. 5, 2006 by personnel of the Land Quality Section, Asheville Regional Office. Based on the above -referenced site inspection, our office has determined that a high hazard potential classification is presently warranted based on the proximity of the artists' shop and possible threat to a trailer home downstream. This being the case, the dam must be regulated by the Dam Safety Program under the Dam Safety Law of 1967 and the North Carolina Administrative Code 15A-2K. During this inspection, the following conditions were noted: 1' A non -clayey soil mixture and large boulders were used to construct the dam. Unsuitable soil material and improperly compacted soils could lead to excessive seepage which can cause failure of the dam due to internal and embankment sliding. 2.. The horizontal spillway pipe appears inadequate and needs further evaluation by a qualified engineer because ;undersized spillways could cause failure of the dare i. These -conditions appear -serious and justify further engineering study to determine appropriate remedial measures.. Due to the dam height, potential storage capacity, and close proximity of structures downstream in the floodway, your dam must meet the state's requirements for a high hazard dam.,At this time, a plan for repairing or breaching the dam, designed by a qualified, registered engineer is required. In order to ensure the safety of this dam, you are directed to retain the services of a registered 2090 US Highway 70, Swannanoa, North Carolina, 28778-8211 Telephone 828-296-4500 Fax 828-299-7034 One www.enr.state.nc.us NorthCarolina An Equal Opportunity / Affirmative Action Employer Aatura"y Letter of Deficiency Moody Bridge Partners, LLC November 3, 2006 Page 2 of 2 professional engineer or an experienced engineering firm to make a study of the conditions outlined in this letter. Plans and specifications for repair or breeching based on the results of the study must be filed with the Division of Land Resources for approval pursuant to the North Carolina Administrative Code, Title 15A, Subchapter 2K - Dam Safety (15A NCAC 2K). Two copies of this study and plan shall be submitted to this office by January 20, 2007. Prior to impounding water or beginning repair or breeching of the dam, these plans and specifications, along with the data and calculations necessary to develop them must be submitted to the State Dam Safety Engineer for review and approval. Enclosed is a list of items that must be included in the plans and specifications. An initial application fee of $200.00 must be included. Enclosed is an explanation of how the final processing fee will be calculated. Or! issuance of approval, repair or breeching may begin under the supervision of an engineer. Also, the erosion and sediment control program having jurisdiction should be contacted to determine permit requirements. In this case, the person, to contact is Robert Shelton, Erosion Control Officer with Jackson County ((828) 631-2256). In any case, sediment must be prevented from entering the waters of the state or flowing onto neighboring property. An updated emergency action plan (EAP) will be required for this dam. If an existing EAP has not been updated in the past year, the downstream hazards shall be checked and all contact information should be verified. Two copies of the EAP shall be submitted to the Division of Land Resources, and a copy shall be provided to the local emergency management office. Please contact us at 828-296-4500 to advise us of your intended action in this matter. We look forward to receiving this notification in our office on or before November 20, 2006. Failure to comply with the requirements of this letter within the timeframes specified may result in enforcement action including a civil penalty of up to $500.00 per day of violation, and/or issuance of a Dam Safety Order requiring the repair or removal of this dam, and/or injunctive relief to gain compliance. Sincerely, rJ nt S. Boye&rP egional Engineer cc.Roger,Edwards; Surface -Water -Protection F3egional Supervisor Maxwell Fowler, PE, State Dam Safety Engineer Attachments G:\LQ\Jackson\Dams\061 Moody Bridge Dam\NOD.11.03.2006.doc r; r NCDENR North Carolina Department of Environment and Natural Resources Division of.Land Resources James D. Simons, P.G., P.E. Director and State Geologist Certificate of Approval November 3, 2006 Michael F. Easley, Governor William G. Ross Jr., Secretary 'CERTIFIED MAIL RETURN RECEIPT Ms. Catherine C. Whitham Craig Cranston Estate 23 Libbie Avenue Richmond, VA 23226 RE: Approval to Repair Green Mill Shoals Dam State I.D. JACKS-044 Dear Ms. Whitham: This is in response to your submission dated October 9, 200.6 received on October 10, 2006 of plans, and specifications for the -repair of the subject dam in compliance with the Dam Safety Law of 1967..These plans; specifications and design data were prepared under the supervision of Mr. Thomas H. Robertson, PE. This letter constitutes approval of.the proposal to repair the subject dam according to the plans and specifications received by this Division on October 10, 2006 with the following stipulations: 1. A minimum flow sufficient to maintain downstream aquatic habitat must be released from the dam site at all times, even during construction. 2. Mr. Thomas H. Robertson; PE shall provide engineering supervision. 3. During: construction, the Division of Land Resources may require such progress reports as are. deemed necessary. 4. Upon completion of the project, Mr. Thomas H. Robertson, PE shall inspect the completed work and upon finding that the work has been done as specified and the dam is safe, shall file with the Division of Land Resources two sets of record drawings and a certificate stating that the work has been completed in accordance with approved plans, specifications and other requirements. Geological Survey • Land Quality • Geodetic Survey 'Division of Land Resources 1612 Mail Service Center,. Raleigh, North Carolina 27699-1612 512 North Salisbury Street,• Raleigh, North Carolina 27604 919-133-38331 FAX: 919-715-88011 Internet: www.dlr.enr. state.ric.us/dlr.htm An Equal opportunity 1 Affirmative Action Employer — 50% Recycled 110% Post Consumer Paper JACKS-044 November 3, 2006 Page 2 of 2 5. You must notify Ms. Janet Boyer, PE, Regional Engineer, Land Quality Section, 2090 US Highway 70, Swannanoa, North Carolina 28778, (828) 296-4500 ten days before the start of construction. The Army Corps of Engineers and the Water Quality Section of this Department should be contacted to determine if additional permits are required. Also, the erosion and sediment control program having jurisdiction should be contacted to determine permit requirements. In any case, sediment must be prevented from entering the waters of the state or flowing onto neighboring property. Construction of the repairs must begin within one year of the date of this document or this approval is void. For assistance you may contact the Asheville Regional Office at (828) 296- 4500 or a staff member of the Dam Safety Program in the Raleigh Central Office at telephone number (919) 733-4574. Sincerely, James D. Simons, PG, PE Director and State Geologist cc: Mr. Thomas H. Robertson, PE Ms. Janet Boyer, PE, Land Quality Regional Engineer Mr Roger�Ed,,ardg,�-Surface Water4Protection Regional=Supervisors_, Geological Survey • Land Quality - Geodetic Survey Division of Land Resources a 1612 Mail Service Center, Raleigh, North Carolina 27699-1612 512 North Salisbury Street, Raleigh, North Carolina 27604 919-733-38331 FAX: 919-715-88011 Internet: www.dlr.enr. state.nc.us/dlr.htm An Equal Opportunity 1 Affirmative Action Employer— 50% Recycled 110% Post Consumer Paper NCDENR North Carolina Department of Environment and Natural Resources Division of Land Resources Land Quality Section James D. Simons, P.G., P.E. Michael F. Easley, Governor Director and State Geologist William G. Ross Jr., Secretary Certificate of Approval of Repairs "',-- February 23, 2007 Ms. Catherine C. Whitman 23 Libbie Avenue Richmond, VA 23226 RE: Approval of Repairs Green Mill Shoals (Cranston) Dam State I.D. JACKS-044 Dear Ms. Whitman: This concerns the subject dam recently repaired pursuant to issuance of Approval to Repair on November 3, 2006 as required by the Dam Safety Law of 1967. Record Drawings and certification were received on December 15, 2006 from Mr. Thomas H. Robertson, PE. Land Quality Section staff of the Asheville Regional Office made an inspection of the dam on February 8, 2007. The dam was found to be in general conformance with the approved plans and specifications and you may continue to operate the dam. The Land Quality Section staff will make periodic inspections of the dam to help assure that the dam is being maintained in good operating condition. However, these inspections will be relatively infrequent. It is advised that you closely inspect and monitor the dam, and notify your engineer, and the Division of Land Resources if you see or suspect any problems. Sincerely, Maxwell R. Fowler,. PE State Dam Safety Engineer cc: Mr. Thomas H. Robertson, PE V1?I Ro errEelwards Surface Water Protectzo Regional. up�e visor Ms. Janet Boyer, PE, Land Quality Regional Engineer 1612 Mail Service Center, Raleigh, North Carolina 27699-1612 •919-733-4574 / FAX: 919-733-2876 512 North Salisbury Street, Raleigh, North Carolina, 27604 An Equal Opportunity 1 Affirmative Action Employer— 50% Recycled 110% Post Consumer Paper NCDENR North Carolina Department of Environment and Natural Resources Division of Land Resources Land Quality Section James D. Simons, PG. PE Director and State Geologist Certificate of Approval April 12, 2007 CERTIFIED MAIL RETURN RECEIPT REQUESTED Mr. Douglas F. Lacy, Registered Agent Moody Bridge Partners, LLC 10 Hill Street Highlands, North Car6lina 28741 Moody Bridge Partners, LLC 6151 Powers Ferry Road Atlanta, Georgia 30339 The Lacy Investment Corporation 6151 Powers Ferry Road Atlanta, Georgia 30339 RE: Approval to Breach Moody Bridge Partners Dam State I.D. JACKS-061 Dear Mr. Lacy: Michael F. Easley, Governor William G. Ross Jr., Secretary . D E C E UE D APR 2 3 2007 WATER QUALITY SECTION ASHEVILLE REGIONAL OFFICE 9Receve APR � v 20ul Lard Quality section Asheville This is in response to your submission received on April 9, 2007 of plans, specifications and design data for the breach of the subject dam in compliance with the Dam Safety Law of 1967. Also, Check Number 3404 in the amount of $200.00 serving as the minimum application processing fee was also received on April 9, 2007. The plans, specifications and design data were prepared under the supervision of Mr. T. Dean.Haney, PE. This letter constitutes approval of your proposal to breach the subject dam according to the plans and specifications received by this Division on April 9, 2007 with the following stipulations: 1. Engineering supervision shall be provided by Mr. T. Dean Haney, PE. 2. During construction, the Division of Land Resources may require such progress reports as are deemed necessary. 1612 Mail Service Center, Raleigh, North Carolina 27699-1612 •919-733-4574 / FAX: 919-733-2876 512 North Salisbury Street, Raleigh, North Carolina, 27604 An Equal Opportunity 1 Affirmative Action Employer — 50% Recycled 110% Post Consumer Paper 0 Mr. Lacy April 12, 2007 Page 2 of 2 3. It is our understanding that the impoundment is drained at this time. If the pond is not currently drained, it shall be drained in such a manner as to preclude off -site sedimentation prior to beginning any work on the dam or its appurtenances. 4. Upon completion of the project, Mr. T. Dean Haney, PE shall inspect the completed work and upon finding (a) that the work has been done as specified and (b) that the breach has been sufficiently stabilized to restrain accelerated erosion, and (c) the remains of the dam are safe, shall file with the Division of Land Resources two sets of record drawings and a certificate stating that the work has been completed in accordance with the approved plans and other requirements, and the remains of the dam are safe. 5. You must notify Ms. Janet Boyer, PE, Regional Engineer, Land Quality Section, 2090 US Highway 70, Swannanoa, North Carolina 28778, telephone number (828) 296-4500 ten days before the start of construction. The Army Corps of Engineers and the Water Quality Section of this Department should be contacted to detennine if additional permits are required. Also, the erosion and sediment control program having jurisdiction should be contacted to determine permit requirements. In any case, sediment must be prevented from entering the waters of the state or flowing onto neighboring property. Enclosed are a cost certification form and an explanation of the final processing fee calculation. An additional fee will be required when the cost certification and engineer's certifications are submitted if the cost for removal of the dam exceeds $10,000.00. The cost certification form must be completed and returned with the engineer's certification in any event. Construction must begin within one year of the date of this approval or the approval is void.. For assistance, you may contact Ms. Janet Boyer, PE, at (828) 296-4500 or a member of the Central Office dam safety staff at (919) 733-4574. ai rely, aames D. Simons, PG, PE Director and State Geologist Enclosures cc: Mr. T. Dean Haney, PE Nis. Janet Boyer, PE, Land Quality Regional Engineer North Carolina .Michael F. Easley, Governor James D. Simons, PG, PE A,�" WDENR Department of Environment and Division of Land Resources Land Quality Section June 12, 2007 Natural Resources William G. Ross, 3r., Secretary 3anet S. Boyer, PE, Regional Engineer NOTICE OF DEFICIENCY._..,;:,. . a'�1.- LL,A :'.:A> enn...u- .« ..w,. .uza=.0 ✓... _� _ CERTIFIED MAIL-7006 2150 00'05 2459 4840 RETURN RECEIPT REQUESTED Mr. Chris Crouch Balsam Mountain Preserve 52 Sugar Loaf Road Sylva, NC 28779 p _D J U N 1 3 2007 WATER QUALITY SECTION ASHEViLLE REGIONAL OFFICE yy, P>-.. 4I - �• i-,� _. .rc`=+.i.�Nu-:!}.sk h..�' Y-Y'`naK +JT(.i�: RE: Balsam Mountain Preserve Dam No. 062 — Jackson County Dear Mr. Crouch: ei. ,aye?• The Dam Safety Law,of 1967 provides for the certification and inspection of dams in the interest of public health., safety, and welfare, in order to reduce the risk of failure of dams, to prevent injuries to persons, damage to downstream property, and to ensure the maintenance of stream flows. On June 7, 2007, a visual inspection of the referenced dam was conducted by staff of the Land Quality Section Asheville Regional Office due to the failure of the referenced dam. These conditions appear serious and. justify further an engineering study to determine appropriate remedial measures. In the event of a dam failure again in the future, human life and significant property would be endangered because of the downstream location of The Balsam Mountain Preserve development and golf course. In order to ensure the safety of this dam, you are directed to retain the services of a registered professional engineer or an experienced engineering firm to prepare and submit a plan for repairing or breaching the dam. Plans and specifications for repair based on the results of the study must be filed with the Division of Land Resources for approval pursuant to the North Carolina Administrative Code, Title 15A, Subchapter 2K - Dam Safety (15A NCAC 2K). Two copies of this study and plan shall be submitted to this office by July 20, 2007. 2090 US Highway 70, Swannanoa, North Carolina; 28778-8211 Telephone 828-296-4500 Fax 828-299-7043 One www.enr.state.nc.us NorthCarolliina An Equal Opportunity / Affirmative.Action Employer ;Vaturall Notice of Deficiency Balsam Mountain Preserve June 12, 2007 Page 2 of 2 An emergency action plan (EAP) is also required for this dam. Two copies of the EAP shall be submitted to this office, and a copy shall be provided to the local emergency management office. Please contact us at 828-296-4500 to advise us of your intended action in this matter. If we do not receive notification on or before June 22, 2007, we shall present the case information for appropriate enforcement action. Enforcement action could include a civil penalty of up to $500.00 per day of violation, and/or issuance of a Dam Safety Order requiring the repair or removal of this dam, and/or injunctive relief to gain compliance. Sincerely, Janet S. Boyer, PE Regional Engineer cc: (Roger Edwar_ds,_Surface Wdfe-r P_r_otectioirReg on_a1=Superviso_r Maxwell Fowler, PE, State Dam Safety Engineer William Buie, PE — William G. Lapsley & Associates, PA G:\LQ\Jackson\Dams\062 Balsam Mountain Preserve\NOD 06 12 2007.doc North Carolina Michael F. Easley, Governor James D. Simons, PG, PE, NCDENR Department of Environment and Division of Land Resources Land Quality Section Natural Resources William G. Ross, Jr., Secretary Janet S. Boyer, PE, Regional Engineer June 13, 20074r:m�::-;.:;`. NOTICE OF DEFICIEN CERTIFIED MAIL-7006 2150 0005 2459 4857 RETURN RECEIPT REQUESTED Lake Association, Inc. c/o Roseanne Giordani Post Office Box 300849 Austin, Texas 78703 RE: , JACKS-001, Jackson County Cashiers. Lake Dam Dear Ms. Giordani: n F C E Ld v EID J U N 14 2007 WATER QUALITY SECTION ASHEVILLE REGIONAL OFFICE The Dam Safety Law of 1967 provides for the certification and inspection of dams in the interest of public health, safety, and welfare, in order to reduce the risk of failure of dams, to prevent injuries to persons, damage to downstream property, and to ensure the maintenance of stream flows. A visual inspection of the referenced dam was conducted on June 8, 2007 by staff of the Land Quality Section Asheville Regional Office. During this inspection, the following conditions were noted: Trees and bushes are growing on the dam. This type of growth can cause problems and even failure of the dam by creating holes when trees are uprooted due to wind or ice; by leaving possible seepage holes when trees die and their roots decay; and by causing erosion of the dam around this growth if the dam should overtop. Therefore, we recommend that this type of growth be removed and a good stand of grass cover be established on the dam. Any growth less than six inches in diameter must be cut and removed. Any growth over six inches in diameter must also have the root system excavated and the excavated area be refilled and compacted with a suitable soil material under the supervision of an engineer. This has been noted in previous inspections and inspection letters to the owner. • There was leakage noted from the box culvert and what appears to be an old bottom drain located at the downstream toe of the dam. The flow from this area appears to have increased 2090 US Highway 70, Swannanoa, North Carolina, 28778-8211 Telephone 828-296-4500 Fax 828-299-7043 One www.enr.state.nc.us NorthCarolliina An Equal Opportunity I Affirmative Action Employer vVatura!! y Notice of Deficiency Cashiers Lake Dam June 13, 2007 Page 2 of 2 over the last couple of month. Excessive seepage can cause failure of the dam due to internal erosion and/or embankment sliding. You should inspect this leakage periodically and notify this office if it increases. • There is no evidence of a working bottom drain. Without a working bottom drain, the lake cannot be drained in the event of an emergency. The inability to drain the lake in the event of dam- structural problems or flooding is a dangerous situation that could result in serious property damage and possible loss of life. • The dam appears to have only one spillway acting as both. the principle and emergency spillway. Because this is a high hazard dam, it is imperative that this spillway be adequately sized to handle a flood event. An inadequately sized spillway could result in overtopping and eventual failure of the dam during a flood event • The upstream face of this dam appears to be steeper than that recommended for dam design. Slope instability could lead to dam failure. These conditions appear serious and justify further engineering study to determine appropriate remedial measures. In the event of a dam failure, human life and significant property would be endangered because of the location of State Road 1113. In order to ensure the safety of this dam, you are directed to retain the services of a registered professional engineer or an experienced engineering firm to make a study of the conditions outlined in this letter. Plans and specifications for repair based on the results of the study must be filed with the Division of Land Resources for approval pursuant to the North Carolina Administrative Code,Title 15A, Subchapter 2K - Dam Safety (15A NCAC 2K). Two copies of this study and plan shall be submitted to this office December 31, 2007. An updated emergency action plan (EAP) will be required for this dam if one is not already on file. If an existing EAP has not been updated in the past year, the downstream hazards shall be checked and all contact information should be verified. Two copies of the EAP shall be submitted to the Division of Land Resources, and a copy shall be provided to the local emergency management office. Please contact us at 828-296-4500 to advise us of your intended action in this matter. We look forward to receiving your notification on or before August 30, 2007. Sincerely, 5. ��T VnertjSlBoyer, PE regional Engineer cc: Eger Edwards,_S-u face_Water_P_roh�.ction_Regional-Supe Maxwell Fowler, PE, State Dam Safety Engineer G:\LQ\Jackson\Dams\001 CashiersLakeDam\NOD06132007.doc NCDENR North Carolina Department of Environment and Natural Resources Division of Land Resources Land Quality Section Michael F. Easley, Governor James D. Simons, PG, PE, Director and'State Geologist November 13, 2007 NOTICE OF DEFICIENCY 4 ' . CERTIFIED MAIL-7006 3450 0002 7064 55.17 RETURN RECEIPT REQUESTED Mr. Willie (Bill) Lemuel May, III Ms. Gracie Casburn Allen 956 Eastview Road Sylva, North Carolina 28779 RE: Bill May Dam — Jackson County Jacks-066 William G. Ross, Jr., Secretary Janet S. Boyer, Regional Engineer D E C E � V NOV 15 2007 WATER QUALITY SECTION ASHEVILLE REGIONAL OFFICE The North Carolina Dam 'Safety Law of 1967 provides for the certification and inspection of dams in the interest of public health, safety, and welfare, in order to reduce the risk of failure of such dams; to prevent injuries to persons, damage to property, and to ensure the maintenance of stream flows. A visual inspection of the referenced dam was conducted on November 8, 2007, by Laura Herbert and Shawna Riddle of the Land Quality Section, Asheville Regional Office. Based on the above -referenced site inspection, our office has determined that a high hazard potential classification is presently warranted based on the proximity of a residence, 256 Eastview Drive, downstream. This being the case, the dam must be regulated by the Dam Safety Program under the Dam Safety Law of 1967 and the North Carolina Administrative Code 15A-2K. During this inspection, the following conditions were noted: There was no trash rack on the principal spillway and a Frisbee was partially obstructing the riser. Without a trash guard, the riser may become clogged and cause water to flow out of the emergency spillway or overflow pipe draining unto to the downstream slope of the dam. Constant flows through the emergency spillway or the overflow pipe usually cause .progressive erosion problems. Therefore we recommend that the Frisbee be removed immediately and a suitable trash guard be installed. The design and installation 2090 US Highway 70, Swannanoa, North Carolina, 28778-8211 Telephone 828-296-4500 Fax 828-299-7043 One www.enr.state.nc.us NorthCarolina An Equal Opportunity / Affirmative Action Employer Naturally Letter of Deficiency Mr. Willie L. May, III November 14, 2006 Page 2 of 3 of the trash guard requires an engineer's supervision and, prior approval from this office. The location of the overflow pipe drainage onto the dam also requires an engineer's evaluation. 2. There was seepage and wetness noted on the downstream slope of the dam. Excessive seepage can cause failure of the dam due to internal erosion and/or embankment sliding. These conditions appear serious and justify further engineering study to determine appropriate remedial measures. In the event of a dam failure, human life and significant property would be endangered because of the downstream location of residences. In order to ensure the safety of this dam, you are directed to retain the services of a registered professional engineer or an experienced engineering firm to make a study of the conditions outlined in this letter. Plans and d specifications for repair or breeching based on the results of the study must be filed with the Division of Land Resources for approval pursuant to the North Carolina Administrative Code, Title 15A, Subchapter 2K - Dam Safety (15A NCAC 2K). Two copies of this dam study and plan shall be submitted to this office by January 31, 2008. We do not have record that an application to build this dam was submitted to our office and approved by our office prior to construction. Because we have no record of this dam, you must complete the enclosed forms to provide data needed by this office. Please return to our office completed by January 31, 2008. Prior to beginning repair or breeching of the dam, these plans and specifications, along with the data and calculations necessary to develop them must be submitted to the State Dam Safety Engineer for review and approval. Enclosed is a list of items that must be included in the plans and specifications. An initial application fee of $200.00 must be included. Enclosed is an explanation of how the final processing fee will be calculated. On issuance of approval, repair or breeching may begin under the supervision of an engineer. In addition,.you have constructed this darn and pond in trout classified waters. Work may not be initiated inside the trout buffer zone without written approval from the director of the Division of Land Resources. The trout buffer zone shall be marked for protection in the field. Pursuant to North Carolina General Statute 113A-57(1), waters that have been classified as trout waters shall Have an undisturbed buffer zone of at least 25 feet. Where a temporary and minimal disturbance is permitted as an exception by G.S. 113A-57(1), land -disturbing activities in the buffer zone adjacent to the designated trout waters shall be limited to a maximum of ten percent of the total length of the buffer zone within the tract to be distributed such that there is not more than 100 linear feet of disturbance in each 1000 linear feet of buffer zone. You shall demonstrate that the disturbance to the buffer is temporary or minimum, or you are required to apply for a waiver for this disturbance. Note that pursuant to North Carolina General Statute 113A-57(1), these buffers do not apply to a land -disturbing activity in connection with the construction of facilities to be located on, over, or under a watercourse, such as a dam. Also, the erosion and sediment control program having jurisdiction should be contacted to Letter of Deficiency Mr. Willie L. May, III November 14, 2006 Page 3 of 3 determine permit requirements. In this case, the person to contact is Mr. Robbie Shelton, Erosion Control Officer with Jackson County (631=2256). In any case, sediment must be prevented from entering the waters of the state or flowing onto neighboring property. An updated emergency action plan (EAP) will be required for this dam. If an existing EAP has not been updated in the pastyear, the downstream hazards shall be checked and all contact information should be verified. Two copies of the EAP shall be submitted to the Division of Land Resources, and a copy shall be provided to the local emergency management office. Please contact us at 828-296-4500 to advise us of your intended action in this matter. We look forward to receiving this notification in our office on or'before December 15, 2007. Failure to comply with the requirements of this letter within. the timeframes specified may result in enforcement action including a civil penalty of up to $500.00 per day of violation, and/or issuance of a Dam Safety Orderrequiring the repair or removal of this dam, and/or injunctive relief to gain compliance. Regional Engineer Sincerely, ?anet S. IP-6 Boyer, PE cc: CRoger-E-aWards;_S:urface_Water P-rotection-Regional-Supervisor Maxwell Fowler, PE, State Dam Safety Engineer Robbie Shelton, Jackson County Erosion Control; 401 Grindstaff Cove Road, Suite 110, Sylva, NC 28779 Attachments G:\LQ\Jackson\Dams\066 Bill May Dam\NOD.11.14.2007.doc �.W pA NCDENR North Carolina Department of Environment and Natural Resources Division of Land Resources James D. Simons, P.G.; P.E. Director and State Geologist September 14, 2005 CERTIFIED MAIL RETURN RECEIPT Mr. Nat Turner Holly Berry Mountain Estates, Inc. Post Office Box 7446 The Woodlands, Texas 77387-7446 RE: Approval to Repair Holly Berry Mountain Dam Jackson County JACKS-019-I Savannah River Basin Dear Mr. Turner: 1JR WATER QUALITY SECTION ASHEVILLE REGIONAL OFFIC ROGER-, cup Q� Michael F. Easley, Governor William G. Ross Jr., Secretary DI SEP 21 2005 This is in response to your submission dated August 19, 2005 and received on August 29, 2005 of plans, specifications and design data for the repair of the subject dam in compliance with the Dam Safety Law of 1967. ' These plans, specifications and design data were prepared under the supervision of Mr. Terry Allen, PE. This letter constitutes approval of the proposal to repair the subject dam according to the plans and specifications received by this Division on August 29, 2005 with the following stipulations: 1. Mr. Terry Allen, PE shall provide engineering supervision. 2. During construction, the Division of Land Resources may require such progress reports as are deemed necessary. 3. Sheet C-1, Note 10: An acceptable list of approved fill and backfill materials have been specified, although the given maximum grain size of six inches is . excessive to use as embankment fill for a dam. Please revise on the construction drawings and the record drawings when submitted. 4. Sheet C-1, Channel Stabilization Detail: Please revise drawing to show that the 6-inch HDPE perforated pipe be placed on top of the geotextile fabric. Geological Survey • Land Quality - Geodetic Survey Division of Land Resources • 1612 Mail Service Center, Raleigh, North Carolina 27699-1612 512 North Salisbury Street, Raleigh, North Carolina 27604 919-733-38331 FAX: 919-715-88011 Internet: www.dlr.enr. state. nc. usldl r. htm An Equal Opportunity 1 Affirmative Action Employer— 50% Recycled 110% Post Consumer Paper Mr. Turner September 14, 2005 Page 2 of 3 5. Upon completion of the project, Mr. Terry Allen, PE, shall inspect the completed work and, upon finding that the work has been done as specified and the dam is safe, shall file with the Division of Land Resources two sets of record drawings and a certificate stating that the work has been completed in accordance with approved plans, specifications and other requirements. :1 6. No water shall be impounded behind the dam until final approval for operation of this dam is issued by the Division of Land Resources. Also, draining of the lake . shall beperformed in such a manner as to preclude off -site sedimentation. 7. _ You must notify Ms. Janet Boyer, Regional Engineer, Land Quality Section, 2090 US Highway 70, Swannanoa, North Carolina 28778, (828) 29674500 ten days before the start of construction..,. EAR 8. A list of downstream structures, residences and roadways, including names, addresses and phone numbers, should be a part of the Emergency Action Plan. This list is also to help local emergency managers in the event an evacuation is necessary. If the road is the only downstream hazard, then make sure that is evident in the EAP. 9. Due to concerns of the local Emergency Management office, the direct dial phone number should not be used to report emergencies unless the caller is t outside of the local 911 area. 10.. Page 4, Notification, item 3 — should show North Carolina Department of Environment and Natural Resources, Division of Land Resources, Land Quality Section. Please note that emergency repairs, including attempts to dig a channel through any portion of -the dam or the abutments, should only be done under recommendation of a Professional Engineer with experience in dams, unless as a last resort,- and only after contacting local or state officials.; Please submit more specific information for periodic maintenance schedules for mowing, operation of the bottom drain, removal of trees and woody vegetation, cleaning out debris after a rainfall event, etc. The Operation and Maintenance book published by the North Carolina Department of Environment and Natural Resources is a good reference for owners in making an O&M plan specific to their dams. Also, much of the contact information given on pages 3 and 4 is no longer correct and does not match what is listed in the EAP. This has the potential to cause problems in the event of an emergency. Mr. Turner September 14, 200.5 Page 3 of 3 The EAP and the O&M do not have to be completed before repair work, but must be submitted before an approval to impound can be issued; although, it' is strongly recommended that the Emergency Action Plan be available during construction in case there is a problem. The Army Corps of Engineers and the Water Quality- Section of this Department should be contacted to determine if additional permits are required. Also, the erosion and sediment control program having jurisdiction should be contacted to determine permit requirements. In any case, sediment must be prevented from entering the waters of the state or flowing onto neighboring property. Construction of the repairs must begin within one year of the date of this document or this approval is void. For assistance, you may contact a staff member of the Dam Safety Program in the Raleigh Central Office at telephone number (919) 733-4574. iSimons, PG, PE nd State Geologist cc: Mr. Terry Allen; PE Ms. Janet Boyer" M . '' 'h e xR g ona,� uper,sor o er V,AW5 ds Q,ua AG� NCDENR North Carolina Department of Environment and Natural'Resources Division of Land Resources Land Quality Section James D. Simons, PG, PE Director and State Geologist Michael F. Easley, Governor William G. Ross Jr., Secretary May 22, 2008 E E 0 E Mr. David Lee Harris Development Group, LLC J U N — 2 2008 1600 Camden Road Charlotte, North Carolina 28203 WATER QUALITY SECTION ASHEV_ILLE REGIONAL OFFICE RE: Cashiers Lake Dam - Jackson County JACKS-001 Dear Mr. Lee: This is to acknowledge receipt of your preliminary hydrologic study and plans dated May 14, 2008 for the repair of the subject dam. The application was received in our office on May 16, 2008. A cursory review has been`made of the submitted data and before we proceed with a detailed review the following items must be addressed: 1. By raising the height of the existing dam, although less than a foot, an application -processing fee will be required. The initial fee of $200.00 must be submitted before we can perform a detailed review. 2. The 647 acres of wooded area shown in the curve number calculation actually contains open areas, developed areas, and roads that must be considered in the calculation. The North Carolina Adminsitrative Code - Title 15A Department of Environment and Natural Resources of Subchapter 2K - Dam Safety requires that both present and projected future land use be considered in the runoff characteristics of the drainage area, and that the more severe of these two conditions be used. 3. In the time of concentration calculation, the sheet flow length should not exceed 100 feet, and open channel flow should begin at or before where the blue line (indicating streams) appears on the USGS quadrangle sheet. Please make appropriate adjustments in the time of concentration. 4. How does the. discharge elevation of the water quality pipe compare to the crest elevation of the existing principal spillway under the bridge? 5. Structural analysis and design computations for the 12'x8' spillway box (riser) must be provided. 6. The factor of safety against floatation must be 1.15 or greater. Please show computations. 7. The trashrack design shown may collect enough material to greatly restrict flow during a single storm event. Please provide a trashrack design ,that will prevent trash from entering the structure and still allow for full flow into the structure. An inverted bucket type trashrack is suggested. 1612 Mail Service Center, Raleigh, North Carolina 27699-1612 •919-733-4574 / FAX: 919-733-2876 512 North Salisbury Street, Raleigh, North Carolina, 27604 An Equal Opportunity 1 Affirmative Action Employer - 50% Recycled 110% Post Consumer Paper Mr. Lee May 22, 2008 Page 2 of 2 8. It appears the bottom of the pipe cradle will be on or near rock through its entire length. If that is the case we recommend the cradle thickness be varied to ensure contact with the rock for the entire length. A non -reinforced concrete bedding with a lesser cross section may suffice for this type installation. 9. In lieu of anti -seep collars, the installation of a seepage diaphragm that conforms to the requirements of Natural Resources Conservation Service's National Engineering Handbook, Chapter 45 is the preferred method of controlling seepage along a conduit through a dam. 10. Reference.is made to Class II and Class III riprap. Please provide a minimum median and maximum stone size for -each class. 11. Provide calculations that show the channel lining to be adequate to dissipate the energy of the maximum flow discharging from the 8' pipe. 12. The open area of the trashrack at the entrance to the 24" DIP bottom drain should be increased. A maximum entrance velocity of 2.0 feet/second is suggested. 13. Please provide a cross section for the open cut through the existing dam. The trench side slopes should be no steeper that 2 horizontal to 1 vertical. 14. Please check the dimensions shown on the ENDWALL. The reinforcing steel for this structure appears to be inadequate. The "C" bar length shown may be correct for the short end but the will need to be approximately 12 feet across the front face. Will there be any steel at right angles to the reinforcement shown in the side view. Please note that this review is not necessarily all-inclusive. A thorough check of all work submitted will normally lead to a shorter time between application submittal and final approval. Please contact Ms. Janet Boyer, Regional Engineer at telephone number (828) 296-4500 or a member of the Central Office Dam Safety staff at telephone number (919) 733-4574 if you have any questions concerning this matter. Sincerely, r l�Wf�-tom , W. Hubert Hawkins, PE Dam Safety Engineer Land Quality Section" WHH/ cc: Mr. Martin A. Kocot, PE R�;�er E�lwar�sSur_ace aterTrotectionrtSuervigor Ms., Janet Boyer, PE, Regional Engineer NCDENR - .North Carolina Department of Environment and Natural Resources. Division of Land Resources James D. Simons, P.G., P.E. Michael F. Easley, Governor Director and State Geologist William G. Ross Jr.; Secretary . August 11, 2005 . CERTIFIED MAIL RETURN RECEIPT, McKee Development Corporation ' Qu Mr. William McKee�P�o�S��J�w� Post Office Box 523 fi= Cashiers, North Carolina 28717 ® !S RE: Approval• to Repair .. U U 1. 6 2005 Hertz Dam Jackson County WATER QUALITY SECTION JACKS-0274ASHEVILLE REGIONAL OFFICE Dear Mr. McKee: This is_ in response to your submission dated August 5, 2005 of plans, specifications and design - - data for the repair of the: subject dam in compliance with the Dam Safety Law of 1967. These - plans, specifications and design data were prepared.under the supervision of Mr. Mark'C. : Brooks, PE. This letter constitutes approval of the proposal to repair the subject dam according to the plans and specifications received by this Division on March.16, 2005, May 13, 2005 and August 5, 2005 with the following, stipulations: ' 1. Project construction shall be; supervised by Mr. Mark C. Brooks, `PE: 2. During construction,. the Division of Land Resources may require such progress .ieports asare deemed. necessary. 3. Upon completion of the project, Mr. Mark C. Brooks; PE shall inspect the completed work and upon finding that the work has been done as specified and the dam is safe, shall. file: with the Division of Land Resources two sets of record drawings and a certificate stating that the work has been completedin accordance with approved plans, specifications and other requirements. 4. No water shall be impounded behind the dam until final approval is issued by the Division of Land Resources for operation of this dam. Also, draining of the lake shall be = Affl� performed in such a manner as to preclude off site sedimentation: Geological Survey • Land Quality Geodetic Survey Division of Land Resources• 1612 Mail Service Center, Raleigh, North Carolina 276994612 512 North Salisbury street, Raleigh, North Carolina 27604 , 919-733-38331 FAX: 919-715-88011 Internet:. www41r.enr. state.nc.usldlr.htm An Equal opportunity 1 Affirmative Action Employer— 50% Recycled 110% Post Consumer Paper . Mr. McKee August 11, 2005 Page 2 of 2 5. An emergency action plan (EAP) and an operation and maintenance (O&M) plan are required for all, high and intermediate hazard dams. The O&M plan should address routine maintenance, frequency of piezometer readings, frequency of inspections by the owner or the owner's representative, and annual operation of the bottom drain to ensure .that it is functional. A copy of a blank EAP is included with this letter. It is strongly recommended that the EAP be submitted prior to commencing repairs to deal with problems that. may arise during construction. Nevertheless, both the EAP and O&M plan must be received prior to issuance of an approval to impound. Information on the O&M plan is available at http://www.dlr.enr.state.nc.us/pages/damforms.html. 6. You must notify Ms. Janet Boyer, PE, Regional Engineer, Land Quality Section, 2090 US Highway 70, Swannanoa, North Carolina 28778, (828) 296-4500 ten days before the start of construction. The Army Corps of Engineers and the Water Quality Section of this Department should be contacted to determine if additional permits are required. Also, the erosion and sediment control program having jurisdiction should be contacted to determine permit requirements. In any case, sediment must be'prevented from entering the waters of the state or flowing onto neighboring. property. Construction of the repairs must begin within one year of the date of this document or this approval is void. For assistance you may contact a staff member of the Dam Safety Program in the Raleigh Central Office at telephone number (919) 733-4574. D. Simons, PG, PE )r and State Geologist JDS/TVI cc: Mr. Mark C. Brooks, PE Ms. Janet Boyer, Regional Engineer L1VIr: Roger Edwards;=Water Quality Reg onal�Supgy sor ��./• Aa NCDENR North Carolina Department of.Environment and Natural Division of Land Resources Land Quality Section James D. Simons, P.G., P.E. Director and State Geologist January 6, 2006 IF' i Zesqurce„s JAN 2 0 2006 <..71 Ir' ITu c�7-.;0i" [ Michael F: Easley„Goyemor� I William & Ross Jr., Secretary r— Mr. James K, Connors, PE n 1} Alpha Environmental Sciences. - Post Office Box 31 Waynesville, North Carolina 28786 f AN 11 ZOO6 r cArvo QU�ur a _ v sccrro� RE: � White/Myatt Dam AS _ cv2r r� N Macon County NIACON-012 Dear, Mr: Connors: This is to acknowledge receipt of your application dated December 28, 2005 for the repair of the subject dam. The application was received in.our office. on January 4, 2006'. Prior to issuance of the Approval to Impound, an Emergency Action Plan and Operation and Maintenance Plan must be submitted. Applications requiring an approval to repair a dam will be reviewed by this office in the order they are received .except that existing high hazard potential dams with known safety issues will.be given priority. We endeavor to respond to applications within 60 days of receipt of the application. Please contact Ms. Janet Boyer, Regional Engineer at telephone number (828) 296-4500; or Max Fowler, PE, State Dam Safety Engineer or me at telephone number (919) 733-4574 should you have questions concerning this matter. Sincerely, William H. Denton, IV,, EIT Assistant State Dam Safety Engineer Land Quality Section cc: Mr dRoger_Edwards Wate Q lity-Wegional.,Supervisor Ms. Janet Boyer, Regional Engineer 1612 Mail Service Center, Raleigh, North Carolina- 27699-1612 512 North Salisbury Street, Raleigh, North Carolina 27604 .919-733-45741 FAX: 919-733-28761 Internet: www.dlr.enr. state. nc.usldlr.htm An Eaual,0000rtunity 1 Affirmative Action. Emolover — 500/n Rarvrlad 110% Pnct rnnci [mar Panar