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
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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
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ELEVATION ABOVE
BREACH WAVE
CULVERT/BRIDGE
TRAFFIC
SIGHT
IMPROVROiT
DOWNSTREAM
WIDTH ...
SLOPE
FLOODPLAIN
ELEVATION
DIMENSIONS
COUNT
DISTANCE
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DESCRIBE POTENTIAL FOR LOSS OF LIFE AND' STRUCTURAL OR ENVIRONMENTAL DAMAGE TO EXISTING OR POTENTIAL FUTURE
DOWNSTREAM IMPROVEMEnNTS: I /
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6.LJvostock damep [I I 6.Diqftced joints
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®7.Spam r1j) rap ®17.Outlet eroaion
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®7.No animal guard
8.Other
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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
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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
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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
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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